Act No 222 / 1946 Coll.
Postal Act
Valid
Effective from 12.01.1947
222.
Law
of 7 November 1946
the postal code.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
I. Postal reservation.
Definition of postal reservations.
The State has the exclusive right to transport the goods listed in § 2, as well as to establish and operate an undertaking for the transport of those goods. A summary of these rights is a postal reservation.
Items subject to postal reservation.
(1) The postal reservation is subject to open or closed documents, containing up-to-date communications to certain addressees, regardless of the manner in which those documents are issued.
(2) The provisions of paragraph 1 shall also apply to documents printed there, transported abroad, from abroad or in transit through national territory.
Exceptions to postal reservations.
(1) Postal reservation
1. the matters referred to in Article 2, if they are brought by a person himself or by a person to whom an agreement has been made
(a) in the district of the municipality in which he resides or has an undertaking (local transport);
(b) to another place where the goods transported are not intended for different addressees or do not originate from different consignors;
2. documents in contact with each other served by public transport undertakings, provided that they are carried out in connection with the service and are facilitated by the staff of such undertakings;
3. open documents which are submitted to the carriers as a certificate of the items to be sent, provided that the particulars in these documents relate to the items sent and do not have the character of a personal notification.
(2) Cases subject to a postal reservation and intended for different addressees are permitted to be brought together for the purpose of saving postal charges in one consignment only if they are intended for persons residing with the addressee.
II. The activity of the post office.
Execution of postal reservations.
(1) The rights of the State resulting from the postal reservation are exercised by the post office which establishes, maintains or abolishes, as appropriate, its own postal establishment.
(2) Local transport [§ 3, par. 1, par. 1, par. (a)] is not allowed to operate as an undertaking if it serves such local transport of postal equipment.
Other mail activity.
(1) The post office provides, outside the transport of goods subject to postal reservation, also the transport of newspapers and magazines, the transport of money and other valuables, brokers vouchers and payments of money, collects money according to special orders and provides for the transport of consignments of goods to the weight specified by the special regulations.
(2) The post office shall, after prior agreement of the central administration competent authority, carry out other services if it can provide them with its facilities.
Postal duty.
(1) Where the mail has the necessary equipment, it is obliged to provide its services without distinction to anyone who meets the conditions set.
(2) However, postal services may be limited, refused or stopped if the public or security of postal staff and goods carried by post so require.
Use of mail.
(1) Specific provisions (Regulations), issued by post, provide for:
1. conditions for the use of mail, as well as the rights and obligations of the post office and those who use it;
2. charges for the use of mail.
(2) Not allowed
1. use the post office without meeting the conditions and paying the fees provided for in the Regulations;
2. to provide postal services for a lower fee or to add to the consignment for a lower fee a case which does not qualify for such a charge advantage.
(3) Everyone has the right to consult postal services in the provisions referred to in paragraph 1.
Postal secret.
(1) The post office, its staff or other staff in the postal service, even temporarily active, may not give any information on the postal traffic of certain persons or the content of, for example, open postal items. Unless otherwise provided for in paragraph 4, they may not open sealed postal consignments or other pavilions after their contents. Third parties may not even be allowed to know about postal consignments.
(2) Postage reports may be sent only to the consignor and the consignee or their authorised representatives or successors in title. For the courts and offices, the post office may issue postal consignments, give reports of them or allow them to be consulted on postal documents only in cases provided for by law.
(3) The general obligation to notify certain offences laid down by law is without prejudice to the provisions of paragraphs 1 and 2.
(4) The post office shall have the right to open closed postal consignments:
1. if it cannot be delivered to the addressee or returned to the consignor (non-refundable consignments);
2. if they are found to have an external defect which could have a significant impact on the liability of the post office;
3. where there are reasonable grounds for suspecting that they contain goods the transport of which is prohibited by law or dangerous, i.e. goods which could endanger human safety or human health or harm other matters.
III. Special permission post office.
Enforcement and freezing; retention right.
(1) Enforcement and detention operations for money resulting from its activities or received by a post office for the Treasury are not permitted, for consignments delivered to the consignee until they have been issued, for means of transport, equipment and tools intended for the postal service and for payment by the State to persons procuring postal services, provided that payment is intended to cover the costs of such transport.
(2) If execution and hedging acts are not permitted, voluntary lien cannot be established.
(3) The post office shall have the right of detention for consignments submitted to it for transport for fees and charges relating to binders.
Other permissions.
(1) Apart from the cases provided for by law, the post office cannot be ordered to perform public services or to impose burdens on the post office which would affect the proper and uninterrupted operation of the postal service.
(2) The authorities and the authorities of the State and other public authorities are obliged to provide the post office, at its request, with urgent and effective assistance to the performance of its service or its rights.
(3) Public hauliers and private commercial hauliers are obliged, upon request by post, to transport for adequate replacement of mail and to accompany the staff member. In so doing, the post office shall take account of the economic operation of the carrier.
(4) The post office is reserved to issue postage stamps and other postal valuables as well as to use special service badges and clothing for the postal service.
IV. Complaints. Postal liability.
Complaints.
(1) In disputes concerning whether the conditions for use of mail have been duly fulfilled, if the procedure for postal transport or the postal fee has been correctly assessed, the programme of rights shall be excluded.
(2) Those who feel damaged by postal negotiations can complain to the postal authorities. Complaints shall be decided by those authorities in the order of stools; they are required to deal with them without delay and to remedy them as appropriate.
(3) The rules applicable to proceedings in administrative matters shall apply mutatis mutandis to complaints referred to in paragraph 2.
Postal liability.
(1) In cases where the post office decides on claims arising from the liability of postal items carried by post, the party concerned shall be left to rely on the right to appeal to the party concerned after the appeal has been exhausted.
(2) Paragraph 11 (2) and (3) shall apply mutatis mutandis to the procedure whereby the postal administrations decide on the claims referred to in paragraph 1.
V. Criminal provisions.
Offences.
(1) Postal staff member or other staff member in the postal service, even if temporary, who intentionally:
1. acts against the provisions of Paragraph 8 (1); or
2. the postal consignment is damaged, destroyed, removed, detained or withheld, or allowed or helped by a third party;
He will be punished by the court for criminal offences from 8 days to 6 months, unless the offence is more severe. If, however, the guilty party intends to make an act of self or other property gain, he will be punished by a stiff prison from 14 days to 6 months.
(2) Attempted misconduct is criminal.
(3) Postal stamps and other postal prices (Section 10 (4)) are subject to criminal protection under specific legal provisions.
A violation of postal law.
(1) Who
1. transports or transports goods other than by post, or
2. acts against the provisions of Article 3, restricting exceptions to the postal reservation, or against the provisions of Article 7 (2); or
3. Establish an undertaking for the transport of goods listed in Article 2 against the provisions of Section 4;
he will be punished for a severe pension offence by a fine of between five and thirty times the postal fee by which the post was or could have been reduced and, if the amount of this charge cannot be ascertained, five to thirty times the likely amount. However, the smallest penalty for the offence referred to in paragraphs 1 and 2 of this paragraph shall be set at 30 Ccs and at 1000 Ccs for the offence referred to in paragraph 3 of this paragraph. In addition, either the winemaker is ordered to pay the post office the fee by which it was reduced, after its likely amount.
(2) The fine referred to in paragraph 1 shall be imposed by the post office if it does not exceed the amount of 500 CZK and if it is submitted to the winemaker; otherwise the provisions on the prosecution of pension offences shall apply.
(3) Any person who uses special service badges or postal clothing (§ 10 (4)) will be punished for an offence by the District National Committee, unless it is a criminal offence, a fine of up to 5 000 Ccs or a prison sentence within 14 days. In the event of non-compliance with the fine, either a replacement prison sentence shall be imposed at the same time according to the rate of guilt within 14 days.
(4) The attempted infringement referred to in paragraphs 1 and 3 shall be punishable.
VI. Final provisions.
Modifications to government regulations.
The Government is hereby authorised to adjust the responsibility of the post office for the goods carried by mail and other details of the matters governed by this law.
International postal service.
(1) International postal services and related matters are governed by international agreements, conventions and arrangements. The provisions of these Agreements, Conventions and Arrangements shall also have national effectiveness during their international efficiency.
(2) Unless otherwise provided for in international agreements, conventions and arrangements, the provisions of this law and the provisions laid down in this Act, issued under it, also apply to international postal services.
Repeal clause.
The date on which this Act takes effect shall be deleted:
Cís. patent of 5 November 1837, No 47 sb. zák. pol. of 1838 and No 240 sb. zák. court., by which the postal law was declared,
the patent of 26 December 1850, No 4, dated 1851, declaring the provisional Postal Law for Hungary, Sevastopol, etc.,
§ § 423 to 435 of the pension penal law declared by the patent of 11 July 1835, No 112 sb. zák. pol.,
and all other provisions contained in the provisions contrary to this law.
Efficiency and execution.
This Act shall take effect on the 30th day following its publication; It shall be carried out by the Minister for Postal Affairs in agreement with the participating members of the Government.
Dr Beneš v. r.
Dr Zenkl v. r.
Hala v. r.
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Regulation Information
| Citation | Act No. 222 / 1946 Coll., on Post Office (Postal Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.1946 |
|---|---|
| Effective from | 12.01.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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