Government Decree No. 240 / 1949 Coll.
Regulation implementing the Postal Law
Valid
Effective from 03.12.1949
240.
Government Regulation
of 8 November 1949
implementing the Postal Law
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):
Mail delivery.
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 by the Czechoslovak Post Office, the National Company (hereinafter referred to as "the Company '), in particular as ordinary letters, recommended consignments, valuable letters, packages up to 25 kg without the price or the price indicated, postal vouchers, delivery orders and postal withdrawals. These items and documents shall be hereinafter referred to as" postal consignments'.
Conditions for the use of business services.
(1) The conditions under which the services of an undertaking may be used are laid down within the limits of this Regulation by the postal order issued by the undertaking after approval by the Ministry of Posts. It is approved by the Ministry of Posts after hearing the State Office of Planning and Ministries of Internal Trade, Foreign Trade, Industry and as regards newspapers, also information and education. The participation of central authorities under Paragraph 4 (2) is without prejudice.
(2) The postal order shall take effect on the date of its publication in the Postal Bulletin. Its issue shall also be notified in the Official Journal.
Postal charges.
(1) The fees levied by the undertaking for the transport of mail and other postal acts (postal charges) shall be determined by the undertaking after approval by the Ministry of Post. The Ministry of Posts approves postal charges in accordance with the guidelines applicable to the pricing activity. Postal charges shall be set at the same rates for all those who use the business services.
(2) New postal charges are not less than 15 days after publication in the Official Journal. It will also be published in the Postal Bulletin.
(3) Postal charges shall be fixed as a general rule at the time of the submission of a postal consignment for transport, or if there is another service of the undertaking, at the time of its request. If a postal consignment is not prepared at the time of the submission of the postal consignment, the undertaking may collect from the addressee fees increased but not more than twice. The undertaking may credit or flat-rate postal charges.
(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 when submitting unpaid, repayable and other amounts (public benefits, special expenses incurred by the undertaking with the shipment for transport and, below.) by which the consignment is subject shall be obliged to provide the addressee before the consignment is issued, unless he refuses to accept it. The addressee shall also be obliged to pay for such consignments postal charges, delivery charges and other amounts which were not known or not required by mistake when the consignment was issued. In all these cases, however, the sender also guarantees postal charges and other amounts 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) Claims for payment of unprepared postal charges and other amounts (paragraph 4) shall not be barred unless the undertaking requests them from the addressee within one year of delivery of the postal consignment or from the consignor within one year of its submission. Unprepared postal charges and other amounts (paragraph 4) are enforced by political execution.
(6) The right to recover overpaid postal charges and other amounts (paragraph 4) should be exercised within one year of payment. The undertaking shall return the overpayments without application if they are detected within the same time limit and if they are more than 10 CZK for an individual consignment or operation.
Postal transport.
(1) The following are excluded from postal services:
(a) goods whose transport is prohibited by law;
(b) consignments which, by their external treatment or content, are directed against the people's democratic establishment or are otherwise defective in the public interest;
(c) goods the transport of which is dangerous, i.e. those which could endanger human safety or human health or harm other objects;
(d) consignments whose external or apparent content is offensive, derogatory or obscene.
(2) The special provisions of the Postal Regulations, approved by the Ministry of Posts in agreement with the competent central authorities in matters relevant, lay down which of the dangerous goods (paragraph 1 (c)) are to be transported on condition and how the relevant consignments must be adjusted for safety reasons. These things are called "subject matter." If it is reasonable to suspect that the conditions for the transport of such goods have not been respected, the undertaking may open the consignments (§ 8, par. 4, No 3 of the Postal Act).
Special treatment of postal consignments.
(1) The undertaking may sell postal consignments if it is reasonably concerned that their content would be corrupted for transport or if they are persistent.
(2) The undertaking 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 undertaking shall not be liable for any gain or early sale. The net proceeds from the sale of postal consignments shall be issued by the undertaking to the consignor; if the sender cannot locate the track, he shall keep the proceeds for three years from the first day of the month following the sale. The proceeds do not interest.
(5) The net proceeds from the sale of postal items, the sender of which could not be traced, as well as the money contained in the non-passable consignments or paid for the non-refundable postal vouchers, shall be paid to the undertaking if the consignor does not sign up within three years from the first day of the month following the sale or the finding of non-refundable.
Responsibility of the consignor of the postal consignment.
(1) The consignor of the postal consignment is liable to the undertaking for any damage caused by the consignment for postal transport by its content or by a defective treatment; evidence of this is to be provided by the undertaking. From the fact that the postal consignment was accepted for transport without objection, it cannot be concluded 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) (c) or of goods conditional on carriage (§ 4 (2)) is knowingly misled by the undertaking, or by any other means, or is not aware of, when sending the goods subject to the conditions laid down for their modification, the undertaking (body designated by the body designated by analogy pursuant to § 10 (4) may impose a premium of up to 1000 CZK for each individual postal consignment; in so doing, the sender's responsibility under paragraph 1 shall not be excluded or the prosecution thereof under the relevant criminal law. The outstanding mark-up is enforced by political execution.
(4) Cases (postal consignments) which have been excluded from transport pursuant to the provisions of § 4 (1) (a) to (c) and, in the circumstances referred to in paragraph 3, the cases referred to in § 4 (2) are forfeited to the State. The consignments referred to in Paragraph 4 (1) (d) shall be considered as persistent.
Scope of corporate liability.
(1) For the recommended consignment, the undertaking is responsible for loss; the amount of compensation shall be fixed by the undertaking, after approval by the Ministry of Posts, in general by a uniform amount irrespective of the value of the consignment. The amount of the refund shall be published in the Official Journal and the Postal Bulletin.
(2) For valuable writing and for the package, the undertaking is responsible for loss, loss and damage. Replaces the general (market) price of the consignment at the place and at the time of submission but with the following restriction:
(a) In the case of valuable writing and a package with a given price, the undertaking shall never pay more than the declared price. However, where such a consignment contains securities or other documents, the undertaking 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, without the reason being the person entitled to the refund, the undertaking shall, on condition that any rights of such paper (s) are transferred to it, within the limits of the declared price, be replaced by the damage actually incurred but shall not exceed that price by securities with market or exchange rate prices.
(b) In the case of a package with no declared price, the undertaking shall never pay more than the amount, after approval by the Ministry of Posts, determined in general by the weight of the consignment and declared in the Official Gazette and in the Postal Bulletin.
(3) For valuable writing and for packages, the undertaking shall also be liable, to the extent provided for in paragraph 2, for damage caused by delays in transport by which the consignment has been destroyed or has permanently lost its prices in whole or in part. However, no change in the rate or normal market price shall be taken into account.
(4) In the case of a postal order, the undertaking is liable for the money paid.
(5) In the case of mail delivery on delivery, the undertaking shall be the same as in the case of consignment of the same type without delivery. If the service has not been selected or if the service has been reduced, the undertaking shall be liable for the damage actually incurred, but only to the amount to which the service is payable; the refund shall be paid by the consignor on condition that the undertaking transfers its right against the addressee resulting from the consignment. The company is responsible for the pick-up as money at the postal order.
(6) In the case of postal selection, the undertaking shall be liable for loss as a recommended consignment. The undertaking is responsible for the claim collected as money in the postal order.
(7) The undertaking does not provide compensation other than in the preceding paragraphs.
Exemptions from corporate liability.
(1) The undertaking is exempt from liability under § 7:
(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 a price is disproportionately high on a valuable writing or package in a fraudulent intention to be given and in the proceedings for compensation;
(d) if the goods excluded from the transport or the goods subject to the condition in respect of which the consignor has misled the undertaking by withholding or otherwise, or has disregarded the conditions laid down for its adjustment;
(e) where damage is incurred in foreign postal territory and where it is not agreed with the competent foreign postal administration that the undertaking assumes responsibility for such administration.
(2) If, after taking over for transport, a damage has been identified in respect of the postal consignment in the form of which the undertaking is complicit, the undertaking provides compensation according to its own fault rate.
(3) Where, in the case referred to in paragraph 1 (e), the foreign postal service is responsible for the postal consignment, the undertaking shall provide the consignor with all assistance in the exercise of the right with that postal service.
The end of responsibility.
(1) The liability of the undertaking shall cease, with the exceptions referred to in paragraph 2, if the consignment has been accepted by the beneficiary.
(2) The liability of the undertaking does not expire:
(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 the working hours following receipt of the consignment, for the price-bearing or the price-bearing package not later than the next working day and for the package without the price indicated at the latest the 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 should be exercised within one year of the submission of the postal consignment by an application lodged by the beneficiary with the undertaking, otherwise the claim will cease. That period shall begin on the day following the date on which the postal consignment is lodged. If the consignor or addressee asks within that time limit for a search for a consignment by any post office, the time limit shall be suspended from the date on which the request is made until the date on which the dispatch or the addressee receives the notification of the result of the search, including that date.
(3) If the consignor or consignee claims compensation for a lost postal consignment, he must submit a receipt. If it cannot do so, it is a prerequisite for entitlement to compensation, for the postal consignment to be registered in the company's documents or for its submission to be otherwise proven.
(4) It is for the corporate authorities to decide on the right to reimbursement to determine the undertaking after approval by the Ministry of Posts. These authorities shall be published in the Official Journal and the Postal Bulletin.
Final provision.
The Government Order of 6 December 1946, No 223 Coll., implementing the Law of 7 November 1946, No 222 Coll., on the Post Office (Postal Law), is hereby repealed.
Efficiency and execution.
This Regulation shall enter into force on the day of its publication; they shall be carried out by the postal minister in agreement with the participating members of the Government.
Zaporocký v. r.
Dr Neuman v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 240 / 1949 Coll., implementing the Postal Law |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.12.1949 |
|---|---|
| Effective from | 03.12.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0