Act of the Czech National Council No. 239 / 1992 Coll.
Act of the Czech National Council on the State Fund of Culture of the Czech Republic
Valid
Effective from 01.07.1992
239
THE LAW
Czech National Council
of 14 April 1992
on the State Fund for Culture of the Czech Republic
The Czech National Council decided on this law:
(1) A State Fund for Culture of the Czech Republic (hereinafter referred to as the Fund) is hereby established.
(2) The Fund is a legal entity which is incorporated in the Commercial Register. The Fund is managed by the Ministry of Culture of the Czech Republic (hereinafter referred to as the "Trustee of the Fund ') under the responsibility of the Fund.
(3) The Fund is headed by the Minister of Culture of the Czech Republic (hereinafter referred to as the Minister), who is responsible for managing the Fund's funds.
(1) The Council of the Fund, hereinafter referred to as "the Council," is the body responsible for how and how the Fund is used.
(2) The members of the Council are elected and dismissed by the Czech National Council, which is responsible for the Council. Proposals shall be made by the Minister of Culture and Finance, after consultation with professional organisations and associations of producers and workers active in the field of culture. Membership of the Council is a public function (1) and is irreplaceable.
(3) The Council has a maximum of 13 members. The term of office of the Council shall be three years.
(4) A member of the Council is entitled, for the performance of his duties, to pay and reimbursement of travel expenses related to the performance of his duties to the same extent as the staff member, who is considered to be a regular place of work for the purposes of travel compensation, the place of his residence in the Czech Republic.
(5) The costs of the Council's activities are borne by the Fund.
(6) The details of the organisation and activities of the Council will be laid down in the Statute of the Fund, approved by the Czech National Council on a proposal from the Fund administrator.
(1) Only an upstanding citizen of the Czech Republic can be a member of the Council.
(2) A member of the Council may not have political parties or political movements or may not be active on their behalf in public or for their benefit in connection with the Council's function; it shall not further represent commercial interests which may conflict with the performance of its functions or adversely affect its impartiality and objectivity of decision making.
(3) Membership in the Council is incompatible with the function of President, Member, President and Deputy Prime Minister, Minister, Head of another Central Authority or Deputy Minister.
Membership of the Council shall cease
(a) the expiry of the term of office;
(b) giving up the function;
(c) death of a member;
(d) by appeal,
(e) loss of legal capacity.
(1) The Council shall in particular examine:
(a) the fundamental issues of the creation and use of the Fund;
(b) the draft annual budget for the revenue and expenditure of the Fund and the draft final account of the Fund.
(2) The Council shall decide on applications for the Fund under Article 10.
(3) The Council approves the accounts of the Fund drawn up at the balance sheet date.
(1) For each financial year, the Fund administrator shall draw up a draft budget of revenue and expenditure, an overview of claims and liabilities and a final account of the Fund which it submits to the Ministry of Finance of the Czech Republic within the deadlines set for the establishment of the State Budget of the Czech Republic (hereinafter referred to as the State Budget) and the State Final Account of the Czech Republic (hereinafter referred to as the State Final Account).
(2) The draft budget of the Fund shall be submitted by the Ministry of Finance to the Government by 31 August each time and shall be submitted to the Chamber of Deputies for approval after any amendments made to it. The fund manager shall determine in the draft budget of the Fund its total expenditure as an amount under a special law. (1a)
(3) With the Fund's final account, the Fund administrator shall submit an evaluation of the funds spent by the Fund.
(4) The Fund shall keep accounts in accordance with the Accounting Act and process the accounts verified by the auditor. The costs of this shall be borne by the Fund.
The financial resources of the Fund shall be:
(a) income from the Czech Republic's equity participation in the business of legal entities in culture, excluding the film industry;
(b) income from securities acquired by the Fund from other entities;
(c) loans from legal entities;
(d) interest on repayable financial assistance and loans granted by the Fund to the applicants and interest on Fund funds deposited in the Bank;
(e) repayments of loans and repayable financial assistance granted by the Fund to applicants;
(f) contractual fines paid to applicants in cases where the Fund's funds have not been used under the conditions laid down (Section 10);
(g) gifts and heritage for the Fund;
(h) revenue from public collections organised by the Fund;
(i) agreed shares in income from projects for which Fund funds have been provided (Section 10);
(j) 50% of the share of the proceeds of the lease of objects of cultural value and of movable and immovable cultural monuments for which the fund manager exercises the right to manage;
(k) proceeds from postcards, posters and other occasional printed matter issued by the Fund administrator;
(l) State budget subsidies,
(m) other resources provided for by specific legislation.
(1) The Fund's resources may be granted for specific cultural projects, namely:
(a) promoting the creation, implementation and presentation of works of artistic value;
(b) editorial actions in the field of non-periodic and periodic publications;
(c) the acquisition, restoration and maintenance of cultural monuments (3) and collection items;
(d) exhibition and lecture activities;
(e) promotion of Czech culture abroad,
(f) the organisation of cultural festivals, shows and similar cultural events;
(g) promoting cultural projects to preserve and develop a culture of national minorities in the Czech Republic;
(h) promoting highly valuable non-professional artistic activities;
(i) the protection, maintenance and replenishment of the library fund.
(2) The Fund's resources may also be used to cover the costs of the Fund's activities and management approved under the Fund's budget.
(3) The Fund's resources referred to in paragraph 1 shall be granted as special-purpose grants, loans or repayable financial assistance.
(4) The special-purpose subsidies from the Fund may be granted only up to two-thirds of the applicant's planned costs, with the exception of funds intended to save cultural monuments for which up to nine-tenths of the planned costs may be granted.
(5) There is no legal right to grant the Fund. The resources of the Fund shall not be available to cover losses arising from the activities of legal or natural persons.
(6) The Fund may provide the Institute with a guarantee for the loan or loan granted to the applicant for the projects referred to in paragraph 1.
(1) The applicant for the Fund may be a legal person with its registered office or a natural person with a permanent residence in the Czech Republic. If the applicant is a Czechoslovak legal person with a foreign participation, 4) the funds of the Fund may be used only if the share of the foreign participation is less than 50%.
(2) The applicant makes a request in writing to the administrator of the Fund. The application shall indicate the designation and the detailed characteristics of the project for which the aid is sought, the estimated amount of costs, the possible foreign participation, the required form of support and its amount, and, where appropriate, the indication of the claim it is seeking to secure. The fund manager may impose an obligation on the applicant to complete the application and shall set a reasonable time limit.
(3) At the same time as the application is submitted, the applicant shall pay the costs associated with the assessment of the application for the Fund's account in a differentiated manner according to the nature of the project presented, but not more than ten thousand Kčs.
(4) If the applicant does not complete the application within the time limit referred to in paragraph 2 or if he does not lodge the amount referred to in paragraph 3, the application shall be considered not to have been made.
(1) The Council shall decide on the grant of the Fund within three months of the date of receipt of the application or its addition (Paragraph 9 (2)) to the Fund administrator. Council Decision contains:
(a) the title of the project to be supported by the Fund;
(b) the applicant's designation;
(c) the form of aid;
(d) the amount of funds provided or the indication of the claim to be secured;
(e) maturity in respect of the provision of repayable financial assistance or loans.
(2) The Council may determine in the Decision the amount to which the Fund shall contribute to the revenue accruing from the project referred to in paragraph 1.
(3) On the basis of and in accordance with the Council's decision, the Fund shall conclude a contract with the applicant within 30 days of receipt of the decision on the amount and terms of the grant of the Fund or the guarantee provided for in Article 8 (6) and any contribution of the Fund to the revenue arising from the project. If the contract is not concluded within that period for reasons on the part of the applicant, the decision referred to in paragraph 1 shall cease and shall be deemed not to have been made upon request.
(4) The general rules on administrative procedures shall not apply to decisions referred to in paragraph 1.
(5) The funds provided from the Fund may be used solely for a specified purpose; where otherwise applied, the applicant shall pay the Fund a fine of the amount and in the manner laid down in the contract referred to in paragraph 3 up to the total amount of the appropriations provided. This is without prejudice to the obligation to reimburse the Fund for funds used in breach of the Treaty.
(6) The Statute of the Fund will determine the details of the management of the Fund.
The balance of the Fund's funds shall be transferred to the following calendar year.
(1) The Fund publishes information on funds or guarantees provided as open data within the meaning of the Special Act (5), to the extent that:
(a) the name and surname of the consignee;
(b) the identification number of the person of the consignee, if assigned;
(c) the municipality in which the beneficiary has its registered office or place of residence;
(d) the amount of appropriations provided and an indication of the amount still paid;
(e) the purpose for which the appropriations are intended, including a reference to the full dossier of the programme where the appropriations are provided under the programme;
(f) the date of the decision or conclusion of the award contract;
(g) information that a decision has been taken to breach budgetary discipline on the part of the beneficiary or that payment, reduction or repayment of funds has been suspended, including the amount covered by this measure.
(2) The information referred to in paragraph 1 shall be published within 7 days of the decision granting the funds, unless the decision is taken, within 7 days of the effective legal act granting the funds. In the case referred to in paragraph 1 (g), the information shall be published within 7 days of the legal authority of the relevant decision or the effectiveness of the agreement. The information shall remain published for at least 10 years.
(3) Where other legislation prevents disclosure of certain information in accordance with paragraphs 1 and 2, the information shall not be disclosed in this manner.
Act of the Czech National Council No. 2 / 1969 Coll., on the establishment of ministries and other central authorities of the Czech Socialist Republic, as amended, is amended as follows:
"Paragraph 8 reads:
The Ministry of Culture is the central body of the State Administration for Arts, Cultural Education, Cultural Monuments, Churches and Religious Societies, Press matters, including the publication of non-periodical press and other means of information, with the exception of radio and television broadcasting, the implementation of copyright law and the production and trade in culture. '
This Act shall take effect on 1 July 1992.
Burešová v. r.
Pithart v. r.
1) § 124 of Act No. 65 / 1965 Coll., Labour Code, as amended.
1a) § 8b (3) of Act No. 218 / 2000 Coll., on Budgetary Rules and on the Amendment of Certain Related Acts (Budgetary Rules), as amended by Act No. 482 / 2004 Coll.
2a) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended.
2b) § 1 of Act No. 133 / 2000 Coll., as amended by Act No. 53 / 2004 Coll.
3) § 2 of the ČNR Act No. 20 / 1987 Coll., on State Monument Care, as amended.
4) § 24 of Act No. 513 / 1991 Coll., Commercial Code.
5) Act No. 106 / 1999 Coll., on Free Access to Information.
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Regulation Information
| Citation | Act of the Czech National Council No. 239 / 1992 Coll., on the State Fund of Culture of the Czech Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1992 |
|---|---|
| Effective from | 01.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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