Government Decree No. 223 / 1946 Coll.
Order implementing the Law of 7 November 1946, No 222 Coll., on Post Office (Postal Law)
Valid
Effective from 12.01.1947
223.
Government Regulation
of 6 December 1946
implementing the Law of 7 November 1946, No 222 Coll., on Post Office (Postal Act).
The Government of the Czechoslovak Republic orders pursuant to § 15 of the Act of 7 November 1946, No. 222 Coll., on the Post Office (Postal Act):
Details of certain provisions of the Postal Act.
(1) Postal equipment under Section 4 of the Postal Act means, in particular, postal offices, post offices, postal courses, delivery or collection trips and errands, mailboxes and other means of postal transport. The law of 23 March 1923, No. 60 Coll., on telegraphes, applies to the establishment of pipeline mail.
(2) The items referred to in Article 5 (1) of the Postal Act and the documents necessary for carrying out the postal operations referred to therein shall be carried out by mail in particular as ordinary letters, recommended consignments, valuable letters, packages without a declared price or price up to 25 kg, postal vouchers, delivery orders, postal orders or postal withdrawals. The items and documents which the post office has taken over for transport shall be referred to in this Regulation, unless they are referred to each of their species, by the name "postal consignments'. Specific legal provisions apply to postal savings services.
Conditions for using mail.
(1) The detailed conditions under which mail may be used are laid down, in particular with regard to the different types of mail and postal operations, in the context of the provisions of this Regulation, by the postal minister, after hearing the ministers of internal trade, foreign trade and industry, and the chairman of the highest price office, and, as regards newspapers and magazines, by the Minister of Information.
(2) The postal schedule shall take effect on the date of its publication in the postal journal. It shall be notified in the Official Journal.
Postal charges.
(1) The post office fees levied for the transport of mail and other postal charges (postal charges) shall be determined by the Minister of Post, with the agreement of the President of the Supreme Bureau of Price, after hearing the Ministers of Internal Trade, Foreign Trade and Industry, and as regards the fees for the transport of newspapers and magazines, as well as the Minister of Information. These fees shall be determined by the same rates for all users of mail.
(2) New postal charges are not valid until 14 days after their publication in the Official Journal. At the same time, it will be published in the postal journal.
(3) The postal charges are usually fixed at the time of the submission of the postal consignment or, if there is another postal service, at the time of its request. If a postal consignment is not prepared at the time of delivery, the post office may charge the addressee a fee increased but not more than twice. In order to ensure that the postal charges are not fixed in advance, the post office may request an advance from the consignor. Under conditions laid down by the post office itself, postal charges may be deferred.
(4) If the postal charges are set when the postal consignment is lodged, the consignor shall be obliged to pay back fees which have not been collected by mistake. The postal charges for consignments in respect of the lodging of unpaid, refundable and other amounts (public benefits, etc.) charged to the consignment, and the special costs incurred by the post office for the transport, shall be payable to the addressee before the consignment is issued. In the case of such consignments, the addressee shall also be obliged to pay the postal fees, the delivery fee, other amounts and special expenses which were not known or not required by mistake when the consignment was issued. In all these cases, however, the sender also guarantees postal fees, other amounts and special expenses if they could not be selected from the addressee. The provisions of this paragraph shall apply mutatis mutandis to postal charges for other postal services.
(5) Entitlements for the payment of unprepared postal charges, other amounts and special expenses (paragraph 4) shall be suspended unless post is requested from the addressee within one year of delivery of the postal consignment or from the consignor within one year of its submission.
(6) If the sender or addressee is prevented from paying unprepared postal charges, other amounts or special expenses (paragraph 4), he shall be ordered to pay them to the post office. The provisions of the Government Decree of 13 January 1928, No 8 Coll., on proceedings in matters falling within the competence of political authorities (administrative proceedings) apply mutatis mutandis to proceedings in these matters. Unprepared postal charges and charges are enforced by political execution.
(7) The right to reimbursement of overpaid postal charges and special expenses should be exercised within one year of their payment. The post office shall be obliged to repay the overpayments without an application if they are found within the same time limit and if the individual consignment or operation exceeds 5 CZK.
Postal transport.
(1) The post office does not deliver:
(a) goods whose transport is prohibited by law;
(b) goods the transport of which is dangerous, i.e. those which could endanger human safety or human health or harm other objects;
(c) postal consignments the external or apparent content of which is offensive, derogatory, immoral or, in the public interest, immaterial.
(2) The special provisions of the Postal Regulations, issued in agreement with the Transport and Health Ministers, provide which of the dangerous goods (paragraph 1 (b)) are accepted for transport on condition and how the consignments concerned must be adjusted for safety reasons. If there is reason to believe that these provisions have not been complied with, the post office may open the consignment (§ 8, par. 4, No 3 of the Postal Act).
(3) The cases (s) referred to in paragraph 1 are referred to in this Regulation in the words "cases excluded from transport" and in the words "cases conditional on transport."
Special treatment of postal consignments.
(1) The post office may sell postal consignments if it is reasonably concerned that their content would be corrupted for transport or if they are persistent.
(2) The post office may destroy postal consignments if their transport content has been corrupted or if they are persistent and their content is worthless.
(3) When opening postal consignments in the cases referred to in § 8 (4) of the Postal Act, their contents must not be examined in more detail than the purpose of the inspection requires. For consignments enjoying the protection of letter secrets, provision must be made to ensure that this secret is not infringed.
(4) When selling mail pursuant to the provisions of paragraph 1, care shall be taken to ensure that it is sold as favourably as possible, but the post office shall not be responsible for achieving a certain yield or timely sale. The net proceeds from the sale of postal consignments shall be delivered by mail to the consignor; If the sender is unable to locate the track, he shall keep the proceeds without interest for three years from the first day of the month following the sale.
(5) The net proceeds from the sale of postal items, the sender of which could not be traced (paragraph 4), as well as the money contained in inalienable consignments or paid for inalienable postal vouchers, shall be paid to the State (post office), unless the sender has applied for them within three years of the first day of the month following the sale or after the finding of non-compliance.
Responsibility of the consignor of the postal consignment.
(1) The consignor of the postal consignment is liable to the post office for any damage caused by the consignment for postal transport by its content or by a defective treatment; The proof of this is to carry out the post office. It cannot be concluded from the fact that the postal consignment was accepted for transport without being suspended that the consignment was free from fault.
(2) If the postal consignment has suffered from its adaptation only after taking over for transport, the consignor shall not be held liable under paragraph 1.
(3) Where the consignor of goods excluded from transport pursuant to the provisions of § 4 (1) (b), or of goods conditional on transport (§ 4 (2)), is knowingly misled by silence or otherwise, or is unaware of, when sending goods subject to the conditions laid down for their adaptation, he shall be ordered by the post office, superior to the Post Office, by an order fine of up to 1000 Kcs for each individual postal consignment, where his responsibility under paragraph 1 is not excluded and any prosecution under the applicable criminal law. Paragraph 3, paragraph 6, sentence 2 and 3 shall apply to the imposition of fines.
(4) Cases excluded from transport under the provisions of Section 4, paragraph 1, point (a) or (b) and in the circumstances referred to in paragraph 3, as well as cases conditional on transport under the provisions of Section 4, paragraph 2, are forfeited to the State. The consignments referred to in Article 4 (1) (c) shall be considered as persistent.
The extent of the postal liability.
(1) For the recommended consignment, mail is responsible for loss; the amount of the refund shall be determined in general by the Minister of Posts by a uniform amount, irrespective of the value of the consignment, and shall be published in the postal journal and in the Official Journal.
(2) In the case of valuable writing and in the case of a package with or without a given price, mail is responsible for loss, loss and damage. It shall replace the maximum general price that the consignment had at the place and at the time of submission but with the following restriction:
(a) In the case of valuable writing, and in the case of a package with a given price, mail shall never pay more than the given price. However, where such a consignment contains securities or other valuables, the post office shall replace only the cargo required to be declared dead or reacquired validly or to remove obstacles to the loss of paper or documents preventing the recovery of the claim; if it is not possible to do so and if there is no reason for impossibility in the person entitled to the refund, the post office shall replace the post on condition that any rights from such a document are transferred to it, within the limits of the price indicated, the damage actually incurred, but shall not exceed the average of the "goods' and" money 'rates of securities at market or exchange rates.
(b) In the case of a package without a price indicated, the post office shall never pay more than the amount determined by the Minister of Post in general according to the weight of the consignment and shall be published in the postal journal and the Official Journal.
(3) In the case of a postal order, the post office is responsible for the money paid.
(4) In the case of mail delivery on delivery, the mail corresponds to the same as in the case of consignment of the same kind without delivery. If the receipt has not been selected or the amount has been selected, the post office shall be responsible for the damage actually incurred, but only up to the amount to which the call is made, and shall pay the refund to the consignor on condition that the post office transfers its right against the addressee resulting from the consignment. The post office is responsible for the pick-up as well as the postal order money.
(5) For valuable writing and for packages with or without the price indicated, mail shall also be liable to the extent set out in paragraph 2 for damage caused by delays in transport through which the consignment has been destroyed or has permanently lost all or part of its prices. However, no change in the rate or normal market price shall be taken into account.
(6) In the case of a postal order, the post office is responsible for the loss of command writing as a recommended consignment. If the command document is lost at the delivery office after the order is opened, the post office shall be responsible for the damage actually incurred, but only up to the amount which is replaced when the recommended consignment is lost. If the order form was issued to the debtor without recovery of the claim or if the amount is less, the post office shall be liable for the damage actually incurred but only up to the amount to be recovered from the debtor and shall pay the refund to the sender on condition that the post office transfers its right against the debtor resulting from the order document. The post office is responsible for the claim as for the money at the postal order.
(7) In the case of postal withdrawals submitted by reference, the post office shall be responsible for the loss as for the recommended consignment. The post office is responsible for the claim as for the money at the postal order.
(8) The post office does not provide damages other than those referred to in the preceding paragraphs.
Exemptions from postal liability.
(1) The post office shall not be obliged to make good any damage caused by loss, loss, damage or delay in the transport of the mail:
(a) where damage has been caused by the consignor or the addressee, or where damage is caused by the nature of the matter being sent, the presumption that, as the case may be, damage may have occurred from the nature of the case being sent;
(b) if the damage was caused by force majeure;
(c) where the price is too high for a valuable writing or parcel in the fraudulent intention to be given and the refund procedure;
(d) where the goods excluded from transport (§ 4 (1)) or the goods conditional on transport (§ 4 (2)) where the consignor knowingly misled the mail by silence or otherwise, or has not knowingly ignored the conditions laid down for its modification (§ 6 (3));
(e) where damage occurs in foreign postal territory and where the competent foreign postal administration is not agreed that the post office is responsible for such administration.
(2) If, after taking over for transport, a damage has been identified in respect of the postal consignment, the post office provides compensation according to its own fault ratio.
(3) Where, in the case of paragraph 1 (e), the foreign postal service is responsible for the postal consignment, the post office must assist the consignor in claiming entitlement to the postal service.
The end of postal liability.
(1) The liability of mail for damage caused by loss, damage or delay in the transport of valuable writing or packages shall in principle cease if the consignment has been taken over by an authorised consignee.
(2) However, the liability referred to in paragraph 1 shall not cease:
(a) if damage is detected when the consignment is opened in accordance with the provisions of § 8, § 4, No 2 of the Postal Act;
(b) identify damage to the addressee when accepting valuable writing made openly;
(c) where the consignee requests damage to the delivery post office in official hours without undue delay after receipt of the consignment, for the price-writing or for the package with the price indicated at the latest on the next working day and for the package without the price indicated at the latest on the next third working day; they must present the consignment and prove that the damage was not apparent from the external treatment of the consignment at the time of taking over and did not arise after it.
Claim of compensation.
(1) The consignor of the postal consignment is entitled to claim the refund. However, if the addressee accepts a valuable letter or a package for which a damage has been found, the right to compensation shall lie with him. In the event of the loss of the postal consignment, the consignor may transfer his claim to the consignee.
(2) The right to reimbursement must be exercised within one year of the submission of the postal consignment by a declaration which the person entitled to the claim submits to or registered with the post office, otherwise the claim will cease. That period shall begin on the day following the date on which the postal consignment is lodged. Where the consignor or addressee requests an official search for mail within that time limit for any post office, the period shall be interrupted for the period from the date of submission of the application to the date on which the dispatch or addressee receives the notification of the outcome of the search, including that date.
(3) If the consignor or addressee claims compensation for a lost postal consignment, he must submit an official receipt. If it cannot do so, it is a prerequisite for entitlement to compensation, for the postal consignment to be registered in the postal documents or for its submission to be otherwise proven.
(4) It is for the post office head to decide whether the post office manager is entitled to compensation from the post office to the addressee of the post office head to the delivery office. The refund shall be recorded as soon as the replacement obligation of the post office and the amount of the refund has been established.
Final provision.
The Government Decree of 19 June 1936, No 175 Coll., on the use of mail and the applicability of the Government Order of 11 April 1940, No 134 Coll., amending Government Decree No 175 / 1936 Coll. on the use of mail, and the Government Order of 28 August 1941, No 327 Coll., amending Sections 10 to 13 of the Government Decree No 175 / 1936 Coll. on the use of mail are hereby repealed.
Efficiency and execution.
This Regulation shall enter into force on the 30 day following that of its publication; they shall be carried out by the postal minister in agreement with the ministers involved.
Dr Zenkl v. r.
Ursines v. r.
Fierlinger v. r.
Broad v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr Stránská v. r.
Dr Drtina v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Ing. Kopecký v. r.
Hala v. r.
Majer v. r.
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Regulation Information
| Citation | Government Decree No. 223 / 1946 Coll., implementing the Law of 7 November 1946, No. 222 Coll., on Post (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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