Decree No. 118 / 1945 Coll.
Decree of the President of the Republic on measures in the management of maintenance holdings
Valid
Effective from 13.11.1945
118.
Decret of the President of the Republic
of 27 October 1945
on measures to manage the maintenance holding.
On the proposal of the Government,
(1) The Minister of Nutrition is hereby authorised to manage:
goods of the population, purchase, circulation, processing and consumption of products of plant, animal and beverage origin including mineral waters, spices and substitutes for these products, whether domestic or foreign, provided that they serve human nutrition, the management of feed of all kinds and origin, food industry, food and beverages, food quality and safety care and the supply of salt, alcohol and artificial sweeteners to the population.
(2) Regulations of a general nature should be published in the Official Journal of the Republic of Czechoslovakia.
Supervision of compliance with the provisions of this Decree and the provisions issued pursuant to it shall be exercised by the Minister of Nutrition by his own review bodies, by the authorities subject to the Regional and Regional National Committees and, in agreement with the competent central authorities, by the financial guards and by the security and other public authorities.
(1) In order to carry out the check, the inspection authorities are authorised to enter all commercial and operating rooms and warehouses, as well as rooms and parcels serving public transport or postal and telegraph administrations, provided that the goods which are the subject of the inspection bodies are kept in or on those premises. In doing so, the inspection authorities shall be entitled to carry out the inspection, to take samples for confirmation and to examine all commercial records.
(2) In rooms and on land, designated public transport or postal and telegraph administrations, control authorities are required to take care of the interests of uninterrupted operations.
(3) The supervisory authorities may enter and carry out the authorisations granted to them under this Decree where there are reasonable grounds for suspecting that users of these rooms are committed consistently or to a large extent of infringements in accordance with the provisions set out in Section 8. In doing so, they shall be declared by means of a special written order from the office responsible for carrying out the criminal proceedings or the public authority to which they are subordinate. In implementing this authorisation, the relevant provisions of the Constitutional Law of 9 April 1920, No. 293 Coll., on the protection of the freedom of persons, home and secret of letters are to be observed.
(4) Persons for whom the control authorities carry out checks under the previous provisions are required to allow the control authorities to carry out all the measures for which they are entitled.
(5) The inspection authorities shall be required to be declared with an official certificate before carrying out their operations. They are also obliged to remain silent on all matters which they have learned in their activities, in particular trade and production secrets, and to refrain from any appreciation thereof. This obligation shall not be waived or discharged. Confidentiality obligations may be waived only by the Minister of Nutrition.
In particular, the authorities entrusted with the tasks referred to in Article 2 shall be entitled:
1. to confiscate the offences by which the offence has been committed, or which are likely to be committed by offence,
2. in serious cases, arrest a suspect of an offence if the authority which suspended him is unknown and if his identity cannot be ascertained immediately, or if he is a suspect of an escape, or if there is a reasonable suspicion that he will be involved in the case of witnesses, experts or other persons involved in order to obstruct the finding of the truth, or that he will otherwise seek to obstruct criminal proceedings by obstructing or harboring the traces of the offence.
(1) Cases confiscated pursuant to § 4, paragraph 1 or proceeds from confiscated goods may be declared to be forfeited to the State in criminal proceedings by the administration.
(2) Persons detained pursuant to Article 4 (2) must be immediately presented and heard by the office responsible for carrying out criminal proceedings.
(3) The office responsible for carrying out the criminal proceedings shall decide whether or not to place him or her under the circumstances referred to in paragraph 4, paragraph 2, within three days of the detention. The binding must not last more than 8 days.
(1) The Minister of Nutrition may entrust other authorities or economic and other departments to carry out, under his supervision, certain tasks, the scope of which will be determined by a decree published in the Official Journal.
(2) The competent authorities or departments themselves shall reimburse the funds needed to carry out their activities.
Local, regional and regional national committees, economic organisations as well as market associations are obliged to co-operate in the implementation of this decree and to carry out all the tasks and instructions to be given to them. The responsibility for the proper implementation of these tasks and instructions shall prosecute those responsible for their implementation.
(1) The acts and omissions which are contrary to the provisions of this Decree or the provisions issued pursuant to it shall be punishable, unless the offence is a criminal offence, as an administrative offence of up to a fine of CZK 1,000,000 or by a prison (lock) within one year or both. In the event of non-compliance with the fine, a replacement prison sentence (lock-down) shall be calculated in accordance with the rate of guilt within one year. If both sentences are imposed at the same time, the punishment on the free side, together with the prison detention penalty, must not exceed one year.
(2) Where an offence has been committed in the course of trade and the offender has already been lawfully punished for the conduct or omission referred to in paragraph 1, the loss of the trade licence may also be declared, either on time or forever.
(3) Unless otherwise provided for in that decree, the provisions of the provisions on administrative criminal law and proceedings in the field of maintenance shall apply.
If the public authorities infringe their obligations under this decree and the rules on its basis, they may be punished without prejudice to the penalties provided for in the relevant disciplinary or judicial proceedings by an order of order of up to 10 000 Kcs, in the event of impossibility of imprisonment within 14 days.
The applicability of the Government Order of 23 October 1941 on administrative criminal law in the field of maintenance, supply and price, No. 393 Coll., as amended by the Government Decree No. 163 / 1943 Coll., is extended to the whole territory of the Czech and Moravian-Silesian countries if it is not contrary to the provisions of this Decree.
This decree takes effect on the day of its publication and applies in the Czech and Moravian-Silesian countries; it shall be carried out by the Minister of Nutrition in agreement with the ministers involved.
Dr Beneš v. r.
Fierlinger v. r.
Majer v. r.
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Regulation Information
| Citation | Decree No. 118 / 1945 Coll., on measures in the management of maintenance holdings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.11.1945 |
|---|---|
| Effective from | 13.11.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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