Act No. 32 / 1948 Coll.
Act issuing basic provisions on the establishment of theatres and theatrical activities (theatrical law)
Valid
Effective from 01.04.1948
32.
Law
of 20 March 1948
laying down basic provisions concerning the establishment of theatres and theatrical activities (theatrical law).
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
As a national cultural property, the law guarantees conditions for the theatre to carry out its mission successfully.
Initial provision.
The theatre within the meaning of this Act means the regular public operation of works of dramatic and musically dramatic, choreographic and pantomime (works of theatrical) either artists of the profession or willing.
(1) A dramatic work, after the case of musically dramatic, means a verb creation, after the case of music and verb, which depicts an action which is designed to be performed by acting (musical and acting) and stage art, even if it is not thought to be uniform and coherent, as a plot present, before viewers and listeners evolving. The art of acting also means the art of singing and dancing.
(2) For choreographic and pantomime works, the auditory perception is not necessary (theatrical works in the wider sense).
(3) Operation of the theatre works means its direct introduction by living persons by acting (musical and acting) and stage art. Regular is the operation that depends on the recurring activity. Public is the operation, unless it is limited to visitors whose special relationship to the operator gives the character of a narrower, on the outside definitely limited circle of persons.
The theatre performance is the performance of a theatre work by acting (musical and acting) and art by either professional artists or amateur artists.
(1) An professional theatre artist is a person who performs artistic services or gives artistic performances in the performance of theatrical works for a salary, provided that such services or performances are not merely ancillary to his professional activity.
(2) Theatrical amateur is a voluntary organized activity of enlightenment, which depends on the public operation of theatrical performances by theatrical actors, associated in theatrical amateur groups. The theatre amateur shall be the person who performs the services or provides the performances referred to in paragraph 1 free of charge. Theater associations are associations whose exclusive or principal purpose according to the Statutes is the public operation of theatrical works or whose activity is at least an essential part or an essential complement of their educational mission.
(3) If the law provides for theatre and theatre performances without further indication, the relevant provisions shall apply only to theatres and theatrical performances in which theatrical artists of the profession act; in the case of theatres and theatrical performances, in which only theatrical actors perform, the theatrical activities are established.
Puppet theatre is a theatre where theatre works are carried out using puppets of any system (hanging, puppet, shadow, wand and others).
(1) It is the cultural task of the State and the bundles of the Territorial Authority to take care, within the limits of their budgets and payment possibilities, of the establishment and operation of theatres, as well as of theatrical activities, with a view to the need to increase the cultural level of life, especially in the countryside.
(2) This task includes in particular:
(a) to build, modify and maintain theatrical buildings;
(b) to establish institutes, undertakings and establishments serving the development of theatrical activities;
c) to support, spiritually and materially, all activities for this purpose, especially the original theatre production;
d) spread interest in theatre and understanding for the importance of theatrical art, take care of theatrical education of the people, promote efforts to increase the artistic level of the theatre and take care of organised visits to theatres;
e) provide mutual contacts, especially the exchange of domestic and foreign representatives of theatrical and executive arts.
Both theatre operators and theatrical willing societies are ordered to cultivate the dramatic art of verb and music in various forms, with particular regard to domestic creation, in the service of folk education and spiritual culture of the nation and state, in such a way that not only the broadest possible layers are allowed to visit theatres and theatrical performances of the amateur, but also that the nature of theatrical activity is humanised.
(1) An obligation is imposed on theatre operators,
(a) to entrust the management of the theatre to the competent artist [§ 18, paragraph 3, point (c)], who is responsible for the performance of his activities but must therefore also be equipped with the necessary degree of autonomy,
(b) to entrust the economic management of the theatre, in agreement with the management of the theatre, to a person economically capable of being subordinate to the theatre manager,
(c) the artistic services and performance of theatrical works do not employ persons ineligible.
(2) The competence of professional theatre artists shall be certified by professional organisation in agreement with a single trade union organisation on the basis of the certificate of professional schools, state examinations, practical activities or on the basis of their own knowledge, which they shall obtain - if no other means are available - by carrying out the examination. The opinion shall be examined at the request of the person deemed to be injured by a committee of theatrical experts appointed by the Minister of Education and Education on a proposal from the association of such organisations in agreement with the Unified Trade Union Organisation.
(3) The working conditions of professional theatre artists will be governed by a special law.
Jurisdiction in theatrical matters.
Surveillance on the lighting side.
(1) General supervision of theatres - with the exception of state theatres - is carried out by the regional national committees, the amateur and puppeteer regional national committees, the highest seat and state theatres are carried out by the Ministry of Education and Education; In doing so, they should be especially vigilant that theatres and theatrical associations are willing to fulfill their cultural mission.
(2) For the exercise of the supervisory right of the regional and regional national committees, the directive will be issued by the Ministry of Education and Education after the hearing of the theatre board (§ 11, par. 6).
(3) The Ministry of Information is responsible for overseeing the state-of-the-art policy education.
Other scope.
(1) The field of competence of the education and education administration also includes, in the highest storehouse, the granting of permits for the public operation of the theatre (§ 18 and § 15 (3)) and the authorisation of individual performances of theatres outside a fixed station or an area for which an operating permit has been granted or for which state and regional theatres have been established (§ 24, paragraph 1).
(2) The branch of the Ministry of the Interior is in the highest seat of the matter of the authorisation of amateur performances (Sections 19 and 20), the granting of permission to perform a theatre work (Section 21), the supervision of public theatre performances (Section 23) and criminal jurisdiction (Section 26).
(3) As regards the other scope in theatrical matters, in particular the granting of permits for public theatre performances to be held outside a building set up for theatre purposes (§ 22 (2)), the highest storehouse of construction is within the scope of the Ministry of Technology, the medical area of the Ministry of Health and other matters of public safety, in particular fire, within the scope of the Ministry of Interior.
Theater and dramaturgical council.
(1) In the Ministry of Education and Education, the Czech and Moravian-Silesian countries are set up for the Czech and Moravian-Silesian countries and for the delegation of education and education for Slovakia theatrical and dramaturgical councils of 18 members and 6 alternates, as an initiative and advisory bodies in theatrical matters.
(2) The members and alternates of the theatrical and dramaturgical council are appointed by the Minister for Education and Education for a period of three years, one third by the Minister for Information, asking for proposals from professional and interest organisations and a unified trade union organisation, and taking into account that, where possible, all disciplines are represented. These organisations shall act on the relevant proposals in a joint meeting. Members and alternates shall be irrevocable for the duration of their term of office, except that there would be a fact in one of them which would result in exclusion from the register of voters.
(3) The following are to be represented in particular: the authors of theatrical works, performance artists from the profession, dramaturists, theatrical theoretics, theatrical artists, theatre operators, theatrical amateur associations, puppeteers, organization of theatrical visitors and representatives of a unified union organization.
(4) The chairman of the theatre and dramaturgical council shall be appointed from among their members by the Minister of Education and Education, his Deputy Minister of Information.
(5) The theatre and dramaturgical council shall hold a meeting at least once a month, except for theatre holidays, or if at least a quarter of the members so request, indicating the subject matter of the hearing.
(6) The theatre and dramaturgical council is to be heard on all fundamental issues, in particular when assessing the cultural activity of theatre operators and theatrical amateur associations (§ 7), when directives for the exercise of awareness-raising supervision of the national committees (§ 9, par. 2) when theatre activities are planned (§ 14) when theatres are set up (§ 15, par. 1 to 3, § 16, par. 1) and provide support for their establishment and operation (§ 15, par.
(7) The task of the theatre and dramaturgical council is to take care of all the dramaturgical issues of theatres and theatrical amateur associations, but it must not, in particular, restrict the freedom of art, imposing on theatres and theatrical amateur associations a programme of games or individual theatrical works.
(8) The Organisational and Rules of Procedure of the Theater and Dramaturgical Council will be issued by the Ministry of Education and Education in agreement with the Ministry of Information.
(9) Membership in theatre and dramaturgical council is honorary. It is also for members and alternates of the local community to replace the final expenses (travel, subsistence and bed). A reasonable remuneration shall be given to members and alternates, in particular theatre authors and dramaturists, who will be entrusted with a permanent job in the dramaturgical field. The amount of such compensation and remuneration shall be determined by the Ministry of Education and Education in agreement with the Ministry of Information and Finance.
Theater promotion committee.
(1) The Ministry of Information is set up for the country of Czech and Moravian-Silesian, and for the delegation of information for Slovakia a theatre promotional committee of up to 9 members and 3 alternates from the originators of theatrical works, dramaturists, theatre operators, amateur theater associations, puppeteers and organizational theatre visitors.
(2) The members and alternates of the theatre promotion committee are appointed by the Minister of Information, one third the Minister of Education and Education, for a period of three years. Otherwise, the provisions of Paragraph 11 (2) shall apply mutatis mutandis.
(3) The chairman of the theatre promotional committee shall be appointed from among their members by the Minister of Information, his Deputy Minister of Education and Education.
(4) Paragraph 11 (5) applies mutatis mutandis.
(5) The task of the theatre promotional committee is to promote the theatre among the people, to expand theatrical works and to organise theatre visits.
(6) The Organisational and Rules of Procedure of the Theatrical Promotion Commission will be issued by the Ministry of Information in agreement with the Ministry of Education and Education. The organizational and negotiating rules of the theatre promotion committee also provide for its cooperation with the theatre and dramaturgical council.
(7) Membership in the theatre promotion committee is honoured. It is also for members and alternates of the local community to replace the final expenses (travel, subsistence and bed). The amount of such compensation shall be determined by the Ministry of Information in agreement with the Ministry of Education and Education and Finance.
Specific provisions for Slovakia.
(1) Wherever the jurisdiction of the Regional National Committee is determined in this Act, this means that of the relevant delegates in Slovakia.
(2) The competent ministries in Slovakia shall exercise their powers in accordance with the provisions of Section 9, after hearing the relevant delegates, in accordance with the provisions of Section 17, paragraph 1 on their proposal; The powers of each ministry under the provisions of Sections 11, 2, 4, 8, 9, 12, 2, 3, 6 and 7 and 14 shall be exercised by the competent delegates in Slovakia.
Setting up and running theatres.
To ascertain the need for theatres and the peace to which it is satisfied, including the tasks set out in Section 6 (2), it is for the national committees of the Land. If the number of theatres needs to be multiplied or reduced, the Regional National Committee, after hearing the regional and local national committees concerned, shall, within the limits of the relevant public budgets, make the necessary proposals to the Ministry of Education and Education to decide on them. If such a decision has economic consequences for the State or for the territorial government, it requires prior agreements with the ministries of the Interior and Finance.
(1) In particular, the State, countries, districts or municipalities may establish and operate theatres other than amateur theatres (§ 4 (3)). In doing so, a decision under Paragraph 14 is binding on the bundles of local authorities.
(2) State theatres are established by law. The theatre operated by Czechoslovak defence power (Army Artisanal Assembly) may continue to be operated as a state theatre; the method of its operation shall be adapted by the Ministry of National Defence in agreement with the Ministry of Education and Information.
(3) In addition to other legal assumptions, prior permission by the Ministry of Education and Education is also required to establish the theatre.
(4) State aid for extraordinary and investment expenditure may be granted to the countries, districts and municipalities operating the theatre.
(1) If the establishment and operation of theatres are not taken care of in this way to the extent that the needs of the people so require, it is the task of the State and the unions of the local authorities to ensure that they can be set up and operated by other operators [§ 18 (2) (b) and (c)].
(2) If the economic conditions of such theatres necessarily require this and if the artistic level of the theatre appears justified, it is for the state, countries, districts and municipalities to support the establishment and operation of such theatres as far as possible.
(3) Where the State or the bundles of the local authorities provide a contribution to the maintenance of the theatre, they are responsible for supervising the management of the theatre operator.
(1) The Minister for Education and Education, in agreement with the Ministry of Finance, shall, by 15 March each year at the latest, inform theatrical operators in accordance with Article 16 whether and to what extent, within the limits of the provisions of the Financial Act, they intend to grant aid from the resources provided for by the State budget for this purpose.
(2) Within the same period, the competent authorities of the local authorities shall also take similar measures on aid which they grant for this purpose from their own budget.
(1) For the public operation of the theatre - except state and regional theatre - prior permission of the regional national committee is required. An operating permit is personal, cannot be stolen, smuggled or loaded, and cannot be executed on it.
(2) Authorisation may be granted:
(a) districts, municipalities, in the case of their associations;
(b) to cooperatives forming the authors of theatrical works or performance theatrical artists and staff;
(c) other legal persons and similar services pursuing non-profit-making cultural objectives.
(3) The authorisation is subject to:
(a) the rules of organisation (statutes), of which it must be apparent in particular who is the subject of the theatre and who is its legal representative;
(b) an art programme;
(c) eligible artistic and economic management;
(d) ensuring economic conditions of operation.
(4) The scope of the operator's authorisation should be determined both in time and locally. An operating permit shall be granted for at least three years. It may either be tied to a fixed station or relate to the perimeter of several districts or municipalities.
(5) The theatre which covers the perimeter of several districts or municipalities is a regional theatre. The divisions of this kind shall be designated as a permanent seat.
(6) The authorisation granted may be revoked if the grounds for public policy, peace, security or morality so require, or if the operator does not retain the conditions under which the operating authorisation was granted.
It's a pleasure show.
(1) Only theatrical amateur associations (§ 4 (2)) can hold regular public amateur performances.
(2) The presentation is authorised by the District National Committee (National Security Administration). Authorisations may also be granted for a larger number of performances at once. However, it is always taken into account that the fair interests of the respective regional theatre are not harmed.
(3) Theater amateur associations may use net proceeds according to the statutes.
(4) The State and the local authorities may make a contribution for the purposes of their cultural and artistic development.
(1) Other persons or associations of persons shall be authorised by the District National Committee (National Security Administration) to hold public theatre performances, unless there are specific reasons for the refusal of authorisation (§ 21 (2)), for the sole benefit of the purposes of enlightenment, charity or humanitarian aid.
(2) The District National Committee (Administrative Office of National Security) will authorise the subject of a condition that the net profit will be devoted to a particular purpose declared and that the organisers will demonstrate the use of that profit. It shall also examine the accounts, in particular with regard to the absence of material gain for persons involved in such presentations, or directly or indirectly.
(3) Paragraph 2 shall not apply to the presentation of military amateur sets organised by Czechoslovak defence power.
Performing theatre performances and overseeing them.
Running theatrical works.
(1) The operation of theatrical works issued by the press is authorised by the Regional National Committee. The authorisation shall apply, unless otherwise specified, to the territory of the whole State. In order to operate a work of theatre by means of a press not published, a permit is required, which is granted by the District National Committee (National Security Administration). The authorisation shall be valid for the administrative district of the authority granting the authorisation.
(2) Authorisations may be refused only if the content of the work constitutes a criminal offence, even if the prosecution of a person for such an offence is excluded, or if the public operation of the work would seriously and improperly affect public order, peace, security or morality.
(3) If no decision is taken on the application within 4 weeks of the date of submission, the authorisation shall be deemed to have been granted. The same applies in the appeal proceedings.
(4) The provisions of the Copyright Act are not affected.
Place of operation.
(1) Public theatre performances can only be held in buildings specially designed for this purpose or in places specially authorised.
(2) If public theatre performances are to be held in a building which has not been set up for theatre purposes or in nature, permission of the District National Committee (Administrative Office of National Security) is required.
(3) The Government will issue regulations on the construction and installation of new theatre buildings, as well as on the measures to be taken in theatre buildings, rooms and premises in which public theatre performances take place, with a view to public security, in particular building, fire and health.
Supervision of theatre performances.
(1) The regional national committees (national security authorities) are responsible for overseeing public theatre performances.
(2) When supervised, the supervisory authority (office) is to take into account that public theatre performances are to be performed only under official authorisation, to ensure that the manner of operation is not hindered by public order, calm, safety or morality, and to prevent any interference with the performance.
(3) A performance which has been allowed may be prohibited or interrupted only if public order, peace, security or morality are immediately threatened by the performance of such performance.
(1) Individual public performances of theatres outside a fixed station, or an area for which an operating permit has been granted or for which state and regional theatres have been set up, require the authorisation of the local competent national committee (National Security Administrative Office), granted after the hearing of the respective regional theatre.
(2) If the regional theatre takes place outside its permanent seat, it must make a notification to the local regional national committee (National Security Administration).
Normal days.
Public theatre performances must not take place on days: Green Thursday, Good Friday, White Saturday and Christmas Eve.
Criminal provisions.
Those who transpose the provisions of § § 18 - 25 will be punished, not for a criminal offence, by the District National Committee (National Security Administration) for an administrative offence by a penalty of up to 50.000 CZK or by a prison sentence of 6 months; In the event of a non-availability of a penalty on money, a replacement sentence shall be imposed at a rate of blame within 6 months. Punishments on the money belong to the state.
Puppet theater.
(1) The provisions of § § 9 - 26 are applied mutatis mutandis to puppet theatre.
(2) The Government will lay down detailed provisions for the setting-up of puppet theatres and the theatre activities of puppeteers and may, in so doing, lay down derogations from the provisions of this Act where the different nature of puppet theatres, their operation, the type of visitors and their cultural and educational mission so require.
Transitional and final provisions.
(1) Theatre concessions in force on 8 June 1945 are hereby repealed on that date.
(2) Persons who, under the authority of the Minister of Education and Education, conduct the theatre for which the concession referred to in paragraph 1 has been cancelled or operators to whom an operating permit will be granted for such theatre are entitled to use theatre buildings and halls, as well as the said instructio fundi and all facilities used for the operation of the theatre, which were owned by a former entrepreneur or used by a former entrepreneur for other legal reasons.
(3) A former entrepreneur shall be liable for such limitation of his rights for compensation, which, if the agreement is not reached, shall, on a proposal from the district court in whose district the case is in dispute. If the right of a former entrepreneur to use the case has expired, the replacement of the owner of the case and if it is for property confiscated under the decree of the President of the Republic of 25 October 1945, No 108 Coll., on confiscation of hostile assets and National Recovery Funds, it is for the replacement of the National Recovery Fund.
(4) The current operator may waive the right of use referred to in paragraph 2 at any time. The former entrepreneur or, under the conditions of paragraph 3, the sentence of the second owner of the case (National Recovery Fund) may seek from the District National Committee in whose district the case is so that the right of use referred to in paragraph 2 is abolished if there is a more urgent public interest or if things are no longer strictly necessary for the operation of the theatre, or if the current operator does not fulfil the obligations which he has waived.
(1) The date on which the law becomes effective shall cease to be the date on which the earlier legislation is in force if it contravenes that law, in particular:
the Order of 25 November 1850, No 454, issuing the theatre order,
the Decree of 26 December 1850, No 200 Czech Republic, of 1851 on the jurisdiction of the State security authorities in matters of the theatre order,
Regulation of 21 December 1851, No 260 of which it is for the Office to make criminal findings pursuant to Article 8 of the Rules of the Theatre,
the Decree of 25 July 1867, No 49 Czech Republic, on the decision to decide whether the theatre work can be operated,
Ordinance of 1 July 1868, No 81, amending the obligation to operate theatre games on certain days;
Article XXXI / 1848 ordering theatres and as regards amateur performances,
Circular of the Ministry of the Interior of 4 August 1901, No 64.573 / 1901, on the authorisation of concerts, productions etc.
(2) On the same date, the provisions of Section 77 of Article XL / 1879 (the Code of Infringement) are repealed.
(3) The date on which the government regulation implementing the provisions of Paragraph 22 (3) comes into force shall cease to apply in respect of theatres,
the Act of 27 March 1877, No 27 Czech Republic, how new theatres are to be built, how they are to be arranged and operators of theatres at all, how they are carried out by the official inspection service and how they are supervised by security measures, as amended by the Government Decree of 18 December 1929, No 186 Coll., on certain transfers of the jurisdiction of the authorities of the county,
Ordinance of 30 March 1903, No 51 Czech Republic, on lighting for emergencies in theatre buildings; and
Ordinance of the Regional Office of Bratislava of 31 January 1938, No 63 W.v. Slovak, on professional revisions and official control of electrical installations in cinematographs, theatrical, entertainment and other similar public rooms.
(4) The date on which the government regulation implementing Paragraph 27 (2) will become effective, as far as puppet theatres are concerned,
Decree of the Court Office of 6 January 1836, No. 5, Coll., on public production, spectacle and entertainment; and
Circular of the Ministry of the Interior of 4 August 1901, No 64.573 / 1901, on the authorisation of concerts, productions etc.
(5) The provisions of the Decree of the Slovak National Council of 3 July 1945, No 65 Coll. on the nationalisation of certain theatres, are not affected.
This Act shall take effect on 1 April 1948 and shall be implemented by the Ministers for Education and Education, National Defence, Interior, Finance, Justice, Information, Technology and Health.
Dr Beneš v. r.
Zaporocký v. r.
Maj-Gen Svoboda v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr. Unedible v. r.
Dr Cap v. r.
Kopecký v. r.
Dr. Ing.
Plojhar v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 32 / 1948 Coll., issuing basic provisions on the establishment of theatres and theatrical activities (theatrical law) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.04.1948 |
|---|---|
| Effective from | 01.04.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0