Act No. 128 / 1947 Coll.
Law governing radio, radio and radio equipment trades
Valid
Effective from 17.10.1947
128.
Law
of 26 June 1947
regulating trade in radio, radio and radio equipment.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The concept of radio electrical equipment.
(1) Radio equipment under this Act is, on the one hand, full broadcasting or receiving radio-electric stations, and, on the other, generally only for radio-communications purposes serving components and equipment to be listed in the Government Regulation.
(2) Broadcasting and reception stations shall pay for the total even if the individual substitutable or connecting components are still missing or removed, provided that at least one of the components listed in the government regulation referred to in paragraph 1 is present.
(3) Radiocommunication is understood by radio communication to communicate messages, images, sounds or signals for practical radio telegraphy, radiophonia, radio, radio and radio transmission of images and television.
Trade-law provisions.
General provisions.
(1) The production of radio-electrical equipment (§ 1 (1)) is a licensed business and is called radio-technical. Owners of this business are also entitled to authorise radio equipment.
(2) The repair of radio-electrical equipment (§ 1 (1)) is a licensed business and is called radio-mechanical. Owners of such a trade shall also be entitled to produce equipment and components without prejudice to the rights of trade of others, provided that they are not reserved for radio-related trades and that they fall within the scope of the mechanical trade.
(3) Trade in radio-electrical equipment is a particular competence-linked business.
(4) Paragraph 37 (52 (z)) shall remain unaffected.
Concessions on the business of radio, radio and radio equipment.
(1) The concession is awarded by the Ministry of Industry after the hearing of the Ministry of Posts and the Ministry of National Defence.
(2) The concessions and concessions for trade in radio-electrical equipment are granted by the District National Committee.
(1) A radio concession may be awarded to an applicant having a permanent residence in the Republic of Czechoslovakia upon presentation of a special licence:
1. a certificate of the II. state examination of electrical engineering at a university of technical engineering and a certificate of at least two years' professional technical employment in an undertaking for the manufacture of radio equipment; or
2. a certificate of successful examination (s) of teaching competence for secondary schools in physics as the subject of the main course or a diploma on PhD in physics sciences and a certificate of at least three years of technical professional training in a plant for the manufacture of radio-electrical equipment; or
3. by the certificate referred to in No 1, the discharge of the technical training course for radiotech at a university and a certificate of at least one year of technical professional employment at the establishment for the manufacture of radio equipment; or
4. the certificate (diploma) referred to under No 2, the discharge of the technical training course for radio equipment at the university and the certificate of at least two years of technical professional employment at the radio equipment plant; or
5. a certificate of successful adult examination at a higher industrial school (electrical weak current separation) and a certificate of at least six years of professional technical employment in a plant for the manufacture of radio-electrical equipment; or
6. a certificate of successful completion of a master's school of industrial (electrical weak-current separation) and a certificate of at least eight years' employment in a technical professional enterprise for the production of radio equipment.
(2) Half of the period prescribed for professional technical employment in an undertaking for the production of radio-electrical equipment in paragraph 1, No 1, 2, 4, 5 and 6 may also be replaced by a job in an undertaking for the repair of radio-electrical equipment or for the commercial use of radio-mechanical equipment.
(3) If the practice obtained in the course of professional activity in scientific institutes, schools and similar establishments, as well as in military workshops and courses, or similar activity with military services at all, is considered equivalent to training in the radio industry, it shall be established by a government regulation.
(4) The report on studies carried out in foreign schools is valid if notarized.
(5) In cases of special consideration, the Ministry of Industry may, in agreement with the Ministry of Education and Education, the Ministry of Posts, the Ministry of Technology and if the certificate issued by the military administration is also recognised as sufficient in the agreement with the Ministry of Defence after hearing the relevant economic organisation, and any other certificate of special competence for the acquisition of a radio licence, other than those referred to in the preceding paragraphs, provided that the applicant demonstrates that his professional competence is in both vocational training and practical activity at least equivalent to that prescribed for radio concessions under this law.
Concessions for trade in radio-electrical equipment may be awarded to an applicant who has a permanent residence in the Czechoslovak Republic, upon presentation of a licence by a certificate of completion of at least a lower secondary school or a one-year course of instruction, linked to a city school and a certificate from a trade in radio-electrical equipment and a certificate of further three years of professional employment in such an undertaking.
(1) The concession for the radio business may be awarded to an applicant who is resident in the Czechoslovak Republic on presentation of a special licence:
1. a certificate of training obtained in the course of the profession of radio-mechanical or radio-technical and a certificate of at least three years of professional assistance in such trade;
2. as regards electromechanics and licensed electrical equipment, a certificate of the successfully completed professional test, as provided for in the Government Regulation.
(2) Paragraph 4 (3) of this Law applies mutatis mutandis to radio-mechanical business.
(3) A visit to vocational schools may also be included in the licence referred to in paragraph 1 prescribed. These schools, as well as the extent to which a school visit to the licence is to be counted, shall be designated by the Government.
(4) The person eligible for the radio licence shall also be eligible for the radio licence.
(5) Antenna's builders and other works connected with the installation of radio-electrical equipment are only authorised for those with radio-mechanical or radio-mechanical concessions, as well as for the licensed electrical and mechanical equipment (electromechanical). Traders with radio-electrical equipment have the right to install simple ready-to-use anthene and ground for radio-electric reception stations supplied by them. The concept of simple finished anten will be defined by government regulations.
(1) A radio concession cannot be awarded to foreigners.
(2) The Radio Concession or Concession for Trade in Radioelectrical Equipment may be granted to foreigners only under the conditions laid down in Section 8 of the Trade Code (Act).
(3) Dispens pursuant to Section 23a, Section 2 (38) (2) (z)) are granted by the Regional National Committee after hearing the relevant economic organisations. However, a dispenser is not allowed for radio business.
(4) The Deputy Director and the business manager shall be approved by the Concession Office in accordance with Article 2 of this Act.
(1) Public commercial companies, limited liability companies and limited liability companies may acquire concessions under § 2
(a) have their head office in the country;
(b) if all the members are resident or registered in the Czechoslovak Republic,
(c) if all the members comply with the conditions of § 7, § 1 or 2, depending on the concession and are reliable (§ 23 (d), § 37 (z)),
(d) in the case of a limited company for shares, if the shares are in the name and are, for the most part, 60% owned by Czechoslovak nationals.
(2) Shareholders, limited liability companies and profit and profit associations may acquire concessions under § 2
(a) have their head office in the country;
(b) if at least two-thirds of the Board of Directors and the Supervisory Board and, as regards trade, all members of nationals of the Czechoslovak Republic are radiotech and reside in the Czechoslovak Republic,
(c) if all members of the Board of Directors and the Supervisory Board are reliable persons (§ 23 y., § 37 z.),
(d) if the shares are in the name and if the shares or shares are, for the most part, 60% owned by Czechoslovak nationals.
(3) Other companies and legal entities - with the exception of the State and national undertakings - cannot acquire a business licence under § 2.
(4) In cases justified by the extremely important state-of-the-art political, military or economic interests of the State, the Ministry of Industry may, as regards concessions for trade in radio-electrical equipment, grant a derogation from the conditions laid down in the preceding paragraphs in agreement with the participating ministries.
(1) A person who has been lawfully convicted of an offence referred to in Article 5 of the Trade Code, for an offence against that law or against the Law of 23 March 1923, No 60 Coll., on telegraphes, or against the Law of 20 December 1923, No 9 Coll. of 1924 governing the manufacture, sale and possession of radio-telegraphic and radio-telephonic equipment, as well as the import of such equipment from abroad, may refuse the grant of a concession pursuant to Article 2, provided that a search for the person of the applicant and the criminal offence, as well as for the particular nature of the trade, would be a concern of its abuse.
(2) The companies and communities of the profitable and economic sectors referred to in § 8 (1) and (2) may be denied the award of a concession under § 2 if a member of the company referred to in § 8 (1) or a member of the board of directors of the companies referred to in § 8 (1) and (2), or a representative established under the provisions of the Trade Code, were legally convicted of the offence referred to in the preceding paragraph, and if, in view of the person responsible for the offence and the particular nature of the trade, a concern for his misuse would be punishable.
Scope of business privileges.
Persons authorised for the commercial production of radio equipment may be produced, persons authorised for the commercial sale of those equipment may sell, persons authorised for the commercial repair of such equipment to justify without prejudice to the rights of other trades, other than radio equipment as referred to in § 1, paragraph 1, as well as equipment and components intended to serve as a substantial part of the radio and / or accessories thereof, even if they are not components calculated in the Government Regulation pursuant to § 1, paragraph 1, and do not need to obtain the relevant trade authorisation.
Criminal provisions.
(1) Those who produce or repair, or trade in, radio equipment without a concession after trade will be punished, if not by a criminal act, by the District National Committee by a fine from Kčs 1000.- to Kčs 100.000.-, or by a sentence on the free of charge from 3 days to 6 months, or both. If a fine has been imposed, either a replacement sentence is imposed at the same time in the event of imperfections, depending on the rate of guilt within 6 months.
(2) Any breach of the provisions of this law or of the provisions laid down by it shall be punishable by the county national committee by the penalties referred to in paragraph 1.
(3) If, in addition to the fine, a penalty has been imposed on the free, the penalty, together with the replacement penalty, must not exceed the highest limit of the free penalty rate.
(4) The District National Committee may state that the holder of an undertaking whose conduct it has committed for its benefit has been liable for immaterial financial penalties imposed on employees, agents, agents or other bodies, provided that the malpractice has enabled or facilitated the offence. The owner of the company means not only individual persons, but also companies (associations of persons), nationalised enterprises and legal entities.
(5) Who has been declared exceptional measures under the Act of 14 April 1920, No 300 Coll., on emergency measures, as amended by the Act of 10 July 1933, No 125 Coll., without a concession, in the absence of a licence, in order to produce or repair radio equipment or in trade with them, is punishable by imprisonment from 1 to 5 years.
(6) A report of the Authority's award of the concession to the competent authority, which may withdraw the concession granted, shall be submitted immediately if there is a concern of abuse of trade.
When convicted of an offence pursuant to Article 11, the district national committee (court) may declare a radio equipment which has been the subject of a criminal offence to be forfeited to the State, if it belongs to the guilty party or to any other person who has contributed to the crime. Such a statement shall be made by the district national committee (court) if the concern that the radio equipment will be used again is justified.
Transitional and final provisions.
(1) Persons who, at the time of the entry into force of this Act, have had licences for the sale (or possession) of radio-telegraphic and radio-telephonic equipment for at least 7 years shall be exempt from the licence prescribed for the acquisition of the radio-mechanical concession (§ 6) and have operated this authorisation throughout this period and have also, in connection with those authorisations, repaired these facilities throughout the period and are fit and properly equipped for this purpose. Paragraph 10 of the Act of 19 December 1946, No 255 Coll., on the members of the Czechoslovak army abroad and on certain other participants in the national struggle for liberation, applies mutatis mutandis. The persons appointed in paragraph 1 shall demonstrate these formalities before a special commission consisting of representatives or agents of the Ministry of Industry and the Ministry of Posts and representatives of central corporations of mechanics, radio traders and electrical technicians. The Rules of Procedure of the Special Commission, the method of reimbursement of management costs associated with and the scope of the appropriate workshop equipment shall be determined by the Government Regulation.
(2) The rights arising from the provisions of paragraph 1 must be exercised by application no later than 6 months after the date of application of this law.
(3) The provisions of the Government Decree of 13 January 1943, No 14 Coll., as reciprocated by the Law of 20 December 1946, No 256 Coll., concerning temporary restrictions on business and other gainful activities and, where appropriate, the provisions replacing them, shall not apply to the procedure for granting a trade licence under paragraph 1.
(4) Owners of concessions for the production of radio-telegraphic and radio-telephonic equipment pursuant to Act No. 9 / 1924 Coll., governing the production, sale and possession of radio-telegraphic and radio-telephonic equipment, as well as the import of radio-telephonic equipment from abroad, are considered to be radiotechnics within the meaning of that Act.
(5) Owners of trade certificates for radiomechanics, issued prior to the application of this Act, are considered to be radiomechanics within the meaning of this Act.
(1) The period of training in the radiomechanic business (§ 6 (1)) is counted as the period during which they were employed, prior to the application of this Act, mainly by professional work in the radiomechical or radiotech business, accepted as apprenticeship electrical, mechanical, electromechanical, radio-mechanical and apprenticeship fields of retail handbooks which have not yet completed the final apprenticeship examination. Persons who, prior to the entry into force of this Act, have been primarily employed for at least seven years by professional work which falls within the trade of radio or radio in an undertaking engaged in the production or repair of radio equipment, without being counted on in accordance with the previous sentence, shall be allowed to pass a special examination replacing the final examination of radio equipment. Details of this test will be laid down by the Government Regulation.
(2) The educational certificate referred to in Paragraph 6 (1) replaces the educational (tovarich) list of persons who have been taught before the application of this Act in the fields referred to in paragraph 1, and has been employed throughout the course of the course mainly by professional work, which falls within the profession of radiomechical or radiotechical, and has completed the final examination of the apprenticeship from the knowledge and skill of the profession of radio. If these persons have not completed this apprenticeship examination, the first sentence of paragraph 1 shall apply to them.
(3) The training documents of persons referred to in the first sentence of paragraph 2 whose wording, as regards the designation of the teaching profession, is contrary to the provisions of this Act, shall, after hearing the senior interest corporations, bring the relevant trade and trade chambers into line with the actual situation by correcting or replacing such documents.
(4) Until the period of professional auxiliary employment (§ 6 (1)), the period of time evidenced by professional work which falls within the trade of radio or radio, provided that the final apprenticeship examination of knowledge and skill in radio has been successfully carried out (paragraph 2). The time spent on such work before the final examination, reduced by four years, shall also be taken into account for the period of auxiliary employment, regardless of whether those persons were in the teaching relationship referred to in paragraph 1, first sentence.
Authorisations of officially authorised civil engineers for electrical equipment are not affected by this law. They may exercise the relevant authorisations on the basis of their authorization to notify the competent authorities.
Unless otherwise provided for in this Act, the provisions of the Trade Code shall apply to trades under this Act and shall complement and amend it.
(1) From the date of the entry into force of this Act, all provisions contrary to it, in particular Act No. 9 / 1924 Coll., and the provisions of § 5, par. 2, 1st sentence and § 6, par. 2, par. (a), Act No. 60 / 1923 Coll.
(2) Authorisations acquired under Act No. 9 / 1924 Coll., remain intact, but their enforcement is subject to the provisions of that Act.
(3) The provisions of the Act of 13 May 1936, No. 131 Coll., on State Defence, Decree of the President of the Republic of 27 October 1945, No. 109 Coll., on the Production Management and Decreto of the President of the Republic of 27 October 1945, No. 113 Coll., on the modification of the procedure and control of foreign trade and the regulations issued pursuant thereto, as well as the provisions of the Act of 18 July 1946, No. 164 Coll., on the care of military and war victims of war and fascist persecution and the Act of 19 December 1946, No. 255 Coll., on the members of the Czechoslovak army abroad and some other participants in the national struggle for liberation remain unaffected.
This Act shall take effect 90 days after its publication; It shall be implemented by industry and internal trade ministers in agreement with the ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Laušman v. r.
Wasted v. r.
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Regulation Information
| Citation | Act No. 128 / 1947 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.07.1947 |
|---|---|
| Effective from | 17.10.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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