Act of the Czech National Council No. 241 / 1992 Coll.
Act of the Czech National Council on the State Fund of the Czech Republic for the Promotion and Development of Czech Cinematography
Valid
Effective from 01.09.1992
241
THE LAW
Czech National Council
of 14 April 1992
on the State Fund for the Promotion and Development of Czech Cinematography
The Czech National Council decided on this law:
(1) The State Fund of the Czech Republic for the Promotion and Development of Czech Cinematography (hereinafter referred to as the Fund) is hereby established.
(2) The Fund is a legal person who is entered in the Commercial Register under the Statute. The Fund is managed by the Ministry of Culture of the Czech Republic (hereinafter referred to as "the Fund Manager ').
(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 are made from important personalities of culture and money, after consultation with professional organisations and associations of creators, employers and workers active in Czech cinematography. Membership in the Council is a public office, 1) is honest and irreplaceable.
(3) The Council has a maximum of 13 members. The term of office of the Council shall be three years.
(4) The costs of the Council's activities are borne by the Fund.
(5) 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 shall not have political parties or political movements, nor shall he actively speak on their behalf or act 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 use of 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 associated with this shall be borne by the Fund.
(1) The Ministry of Interior or Police of the Czech Republic provides the Ministry of Culture for the exercise of copyright rights by the Fund to support the fact that these rights belonged to the State, about the deceased authors or, where appropriate, to the holders of those rights
(a) reference data from the population base register;
(b) data from the population registration agendas information system;
(c) data from the agency information system of foreigners.
(2) The data provided under paragraph 1 (a) are:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the data subject declared to be dead did not survive and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(3) The data provided under paragraph 1 (b) are:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) place and district of birth; the place and state of birth of the data subject born abroad,
(d) birth number,
(e) the address of the place of permanent residence, including previous addresses of the place of permanent residence;
(f) the date and place and district of death, if any, if there is a death outside the territory of the Czech Republic, the State on whose territory the death occurred or the date of death,
(g) the date indicated in the court's decision on the death declaration as the date of death or the date on which the data subject declared dead did not survive;
(h) citizenship and, where appropriate, multiple citizenship;
(i) removal or limitation of legal capacity.
(4) The data provided under paragraph 1 (c) shall be:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) the place and state where the alien was born; where he was born in the territory of the Czech Republic, the place and district of birth,
(d) birth number,
(e) citizenship or nationality, where appropriate;
(f) the type and address of the place of residence in the Czech Republic,
(g) date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(h) the date given in the court's decision on the declaration of death as the day of death, or the day which the alien declared dead did not survive;
(i) removal or limitation of legal capacity.
(5) Data which are referred to as reference data in the population base register shall be used from the population registration agenda information system or from the alien agency information system only if they are in the form preceding the current situation.
(6) Only such data as are necessary to fulfil the task may be used from the data provided in a particular case.
The financial resources of the Fund shall be:
(a) income from the Czech Republic's equity participation in the business of commercial entities in 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 on loans granted by the Fund to 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 (§ 11 (5));
(g) gifts and heritage for the Fund;
(h) revenue from public collections and lotteries organised by the Fund;
(i) the agreed shares in revenue from cinematographic works for which funds have been provided to the Fund (Section 11 (2));
(j) State budget subsidies;
k) additional to the price of admission (§ 8),
(l) revenue from the use of film works, (3) if transferred to the Fund;
(m) revenue for the use of cinematographic works for which the Fund exercises the copyright of the manufacturer, 3) which has been transferred to it under a special law, 3a)
(n) other resources provided for by specific legislation.
(1) A participant in the public production of a cinematographic work shall be paid the admission fee for an admission fee of 1 CZK.
(2) The supplement referred to in paragraph 1 shall be charged and paid by the organiser of the Fund's public production within 15 days of the end of the calendar quarter. The bill shall be drawn up by the organiser on a form issued by the fund manager.
(3) The organiser of the public production of the cinematographic work with admission fee is required to keep a special record of the date of implementation of each production, including the amount of the additional payments collected, the total amounts of the allowances collected for the relevant quarter and the date of their removal from the Fund.
(4) The premium referred to in paragraph 1 not paid within the period referred to in paragraph 2 shall be recovered by the fund manager.
(5) The authorised staff of the Fund administrator shall be obliged to keep confidential the facts of which they have become aware in the course of, or in connection with, their activities under paragraph 4. This obligation shall continue after their delegation has ceased.
(6) The Government of the Czech Republic may, taking into account changes in the cost of living, provide for a different amount of the surcharge by regulation.
(1) The manager of the Fund may impose a fine on the organizer of the public production of a cinematographic work with admission fee for breach of obligations under § 8 (2) and (3) up to CZK 50000.
(2) In determining the amount of the fine, the administrator of the Fund shall take into account the seriousness of the infringement and the consequences thereof; in the case of natural persons, take into account the level of blame.
(3) The fine may be imposed no later than one year after the fund manager has identified the infringement but no later than three years after the infringement.
(4) The general rules on administrative procedures shall apply to proceedings imposing fines. (c)
(5) The fines referred to in paragraph 1 shall constitute the income of the Fund. The fines are enforced by the fund manager.
(1) The Fund's resources may be granted for the following projects:
(a) the creation of a Czech cinematographic work;
(b) production of Czech cinematographic work;
(c) distribution of a valuable cinematographic work;
(d) promotion of Czech cinematography;
(e) technical development and modernisation of Czech cinema;
f) production, distribution and promotion of cinematographic works of national and ethnic minorities living in the Czech Republic.
(2) Funds from the Fund are granted as special-purpose grants, loans or repayable financial assistance.
(3) The targeted subsidy from the Fund can be granted only up to one half of the costs planned by the applicant.
(4) 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.
(5) 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 provided only if the share of the foreign participation is less than 50%.
(2) The applicant submits the application in writing to the administrator of the Fund. In the application, the applicant shall indicate the designation and 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 for which it is requested to be secured. The fund manager may impose an obligation on the applicant to supplement the request for additional data relevant for its assessment and shall set a reasonable time limit.
(3) At the same time as the application is submitted, the applicant shall lodge an amount determined according to the nature of the project presented, differentiated by the Fund's Statute, but not more than ten thousand Kčs, for the cost of its assessment of the Fund. This amount must be accounted for by the fund manager to the applicant within the period laid down in Article 11 (1). If the cost of examining the application exceeds the amount of the application, the difference from the Fund shall be paid.
(4) If the applicant does not complete the application referred to in paragraph 2 or if the amount referred to in paragraph 3 is not lodged, the application shall be treated as if it had not been submitted.
(1) The Council shall decide on the grant of the Fund within three months of the date of receipt of the application or its completion (Paragraph 10 (2)). 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) The general rules on administrative procedures shall not apply to decisions referred to in paragraph 1.
(4) On the basis of and in accordance with the Council's decision, the Fund shall conclude, within 30 days of receipt of the decision referred to in paragraph 1, a contract with the applicant on the amount and conditions for granting the Fund or granting the guarantee referred to in paragraph 9 (5) and, where appropriate, on the 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, upon request, shall be deemed not to have been made.
(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 equal to and in the manner laid down in the contract referred to in paragraph 4, up to the total amount of the funds provided. This is without prejudice to the obligation to reimburse the Fund for funds used in breach of the Treaty.
(6) The detailed arrangements for the management of the Fund shall be laid down in the Statute of the Fund.
The balance of the Fund's funds shall be transferred to the following calendar year.
This Law shall enter into force on 1 July 1992, with the exception of Article 8, which shall take effect on 1 September 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) Article 6 of Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended by Act No. 89 / 1990 Coll. (Full version No. 247 / 1990 Coll.).
3a) Paragraph 13 of Act No. 273 / 1993 Coll., on certain conditions for the production, dissemination and archiving of audiovisual works, amending and supplementing certain laws and certain other regulations.
3c) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
4) § 24 of Act No. 513 / 1991 Coll., Commercial Code.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act of the Czech National Council No. 241 / 1992 Coll., on the State Fund of the Czech Republic for Support and Development of Czech Cinematography |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1992 |
|---|---|
| Effective from | 01.09.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0