Government Decree No. 235 / 1949 Coll.
Planning and other pricing regulations
Valid
Effective from 15.11.1949
235.
Government Regulation
of 25 October 1949
on planning and other pricing.
The Government of the Czechoslovak Republic, with the agreement of the President of the Republic pursuant to § 42, paragraph 1 of the Act of 27 October 1948, No 241 Coll., on the first five-year Economic Plan for the Development of the Czechoslovak Republic (Act on the Five-Year Plan):
Valuable activity.
The pricing activity shall be carried out either together with the planning activity (price planning) or separately (other price formation). The pricing activity (planning and other pricing) is carried out by the pricing bodies (Section II) in the pricing process (Section III).
Valuable organs.
(1) Decisions on important price adjustments may be reserved for the Government.
(2) The other pricing scope is, to the extent set out below, to the planning office and to the other central offices ("central offices').
(3) The central authorities may, in agreement with the State Planning Office, delegate to them, in whole or in part, their pricing authority.
Price control.
Unless otherwise specified, the rules on economic planning also apply to price planning.
State Planning Office
(a) issue directives for the implementation of pricing activities;
(b) is the central price planning body;
(c) coordinate the pricing activity of central authorities; and
(d) exercise a price range for basic raw materials, semi-finished products and products, for basic consumer goods, for the purchase prices of agricultural products which are important for the maintenance of the population and for important services and other transactions. To which articles, services and other transactions are covered by this provision, the State Office shall provide for a planning decree in the Official Journal.
(1) The central authority's pricing scope shall apply, with the exception referred to in Section 4 (d), to the goods, services and other transactions which it plans, as well as to unplanned goods, services and other transactions, where they otherwise fall within its scope. In dubious cases, the national planning authority shall decide on the jurisdiction.
(2) If this is necessary due to the nature or scope of the price adjustment, the planning authority may at any time reserve that the price adjustment can only be made in agreement with it.
(3) The Minister of Finance shall be responsible for setting the general tax rates in agreement with the prices made up under this Regulation.
(1) In the course of the pricing activity, the central authorities are governed by the directives issued by the State Office of Planning (§ 4 (a)) and are carrying out the pricing activity after hearing the other central offices whose pricing function is affected by the case.
(2) For the coordination of pricing activities, each central authority, as an advisory body, shall set up one or more coordination price commissions in which all price matters falling within its scope are discussed. Each commission shall be composed of representatives of the central office responsible and of the delegates, a representative of the planning office of the State, a representative of the Ministry of Finance, a representative of the Central Council of Trade Unions, as well as representatives of the central offices and delegates whose field of competence is concerned. The delegates and the bodies responsible for the performance of the pricing remit (§ 2 (3)) shall also set up a coordination commission. Experts may be invited to the commissions. Details of the composition of the commissions and their rules of procedure shall be laid down by the State Planning Office.
The price adjustment decisions shall be published in the Official Journal, where appropriate. When announcing it, it is important to ensure that the consumer price can be ascertained as far as possible from a single decree. Measures to be taken in the fields of competence of several or all of the pricing bodies at the same time shall be taken and declared by the State Planning Office.
The prices declared under Section 7 as consumer prices are the maximum prices. Commercial enterprises (national, municipal and other public as well as cooperative and private) are obliged to reduce consumer prices in proportion to the reduction of commercial costs.
Provisions on price surveillance and criminal provisions.
The national committees shall supervise compliance with the prices.
(1) Pricing authorities (§ 2) and supervisory authorities (§ 9) may request from each Member State an explanation of the stocks of goods, the prices applied for or paid, and of all the circumstances needed to create and supervise prices. Employees of such authorities shall be allowed access to all work rooms and warehouses and be given access to business records and documents. Furthermore, to the extent strictly necessary, such staff may require samples of each type of goods to be confirmed and carry out the necessary protective measures on the spot. The restrictions applicable to the entry into undertakings relevant to State defence remain unaffected. Paragraph 5 of the Constitution must be observed when entering private apartments and rooms.
(2) Persons responsible for carrying out tasks under this Regulation or participating in them, in particular staff of the supervisory service and experts, shall be obliged to remain silent against unauthorised persons on all the facts which they have learned in their activities, unless they are exempted from that obligation in the public interest. The obligation to remain silent shall not cease to exist or to serve.
(1) Those who violate the provisions of the provisions of the regulations issued in respect of price matters, in particular those who require an inadmissible price or remuneration, will, if not more severely punishable, be punished by the District National Committee by a fine of up to 1 million CZK or by a prison (lock-in) within one year or both. In the event of non-compliance with the fine, a replacement prison sentence (lockdown) shall be imposed within one year, according to the guilt rate. If both sentences are imposed, the sentence on the free side with the prison detention penalty may not exceed one year. If an offence has been committed in the course of trade, the sentenced person may be suspended temporarily or permanently.
(2) The provisions in force (applicable) on the date on which this Regulation takes effect shall apply to administrative criminal proceedings in respect of price matters.
Transitional and final provisions.
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. Penal cases which are not dealt with by the Supreme Bureau of Price by the date of its cancellation shall be dealt with by the Ministry of the Interior.
(1) All provisions on matters covered by this Regulation, in particular the Government Decree of 10 May 1939, No 121 Coll., on the establishment of the highest price office, as amended by the Government Decree of 8 May 1940, No 189 Coll., of the Law of 5 June 1942, No 100 Sl., of the highest supply office, and of the Law of 29 February 1940, No 63 Sl.
(2) Regulations issued in accordance with the provisions whose validity (applicability) is cancelled pursuant to paragraph 1 shall continue to be valid (applicable) unless they contravene this Regulation. Where reference is made in those provisions to the criminal provisions referred to in paragraph 1, it shall be made in accordance with the criminal provisions of this Regulation.
This Regulation shall enter into force on 15 November 1949; All members of the government will do it.
Gottwald v. r.
Zaporocký v. r.
Broad v. r.
also as Minister
Dr. Clementis
Fierlinger v. r.
Dr. Ševčík v. r.
Dr Dolansky v. r.
Maj-Gen Svoboda v. r.
Dr Gregor v. r.
Nosek v. r.
Cable v. r.
Dr. Unedible v. r.
Dr Cap v. r.
Kopecký v. r.
Kliment v. r.
Děuriš v. r.
Krajčir v. r.
Petr v. r.
Dr. Ing.
Dr Neuman v. r.
Erban v. r.
Plojhar v. r.
Ing. Jankovcová v. r.
Dr. Šrobár v. r.
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Regulation Information
| Citation | Government Decree No. 235 / 1949 Coll., on Planning and Other Price Creation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.11.1949 |
|---|---|
| Effective from | 15.11.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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