Act of the Czech National Council No. 36 / 1975 Coll.
Act of the Czech National Council on fines for infringements of legislation on the creation and protection of healthy living conditions
Valid
Effective from 01.10.1975
36
THE LAW
Czech National Council
of 17 April 1975
on fines for infringements of legislation on the creation and protection of healthy living conditions
The Czech National Council decided on this law:
Preliminary provisions
Organisations are obliged to take, within their scope, the measures necessary to create and protect healthy living conditions and a healthy way of life and work (hereinafter referred to as "healthy living conditions') to prevent damage to the health and property of citizens and to national economic damage. It is also intended to assist the imposition of fines on organisations and their workers under this law to fulfil these obligations. For the purposes of this Act, an organisation shall be understood as a natural person operating under special legislation6) and a legal person.
Conditions for the imposition of fines
(1) The fine shall be imposed on the organisation if it fails to comply with the obligation laid down by the law on the creation and protection of healthy living conditions (1) or does not implement the measures imposed under that legislation which govern:
(a) care for the healthy environment, the health of food and articles of common use, the healthy development of children and adolescents, and the beneficial effects of the working environment and work on the health of workers;
(b) protection of health in the treatment of poisons and other harmful substances;
(c) protection of health from ionising radiation;
(d) protection against communicable diseases; and
(e) the protection of natural medical baths and natural medical resources.
(2) The fine shall also be imposed on a worker of an organisation which has caused that organisation to fail to fulfil its obligation or to take action under paragraph 1, if not for a criminal offence or offence.
(3) The imposition of a fine under paragraphs 1 and 2 leaves the responsibility of the organisation and the responsibility of the staff of organisation2 unaffected) under the rules on compensation.
(4) Where a worker has been fined in accordance with paragraph 2, he may not be fined under other legislation for the same reason.
Amount of the fine
(1) The organisation shall be fined up to CZK 500,000 and the organisation's worker up to an amount equal to four and a half times its average monthly earnings; (3) account shall be taken in particular of the degree of threat to healthy living conditions, the extent of harmful consequences and whether the organisation has already threatened healthy living conditions in the past.
(2) The decision imposing a fine on the organisation shall also specify the time limit within which it is to remedy the deficiencies. If, within that period, the organisation has not remedied the deficiencies, a further fine shall be imposed on it up to twice the fine imposed under paragraph 1.
Save fines
(1) The fines shall be imposed by the district national committees, on them equal to the national committees established and the municipal national committees referred to in Article 10 (3) and (4) of the National Committees Act (hereinafter referred to as the "National Committee '). Hand4) is launched at the initiative of the health service authorities and as regards the protection of natural medical baths and natural medical resources, at the initiative of the Czech Inspectorate of Baths and fountains.
(2) The fine may be imposed only one year from the date on which the national committee became aware that the organisation had failed to fulfil the obligation or had failed to implement the measure referred to in Article 2 (1), but not later than 3 years from the date on which it was obliged to comply or the measure was implemented.
Payment of fines
(1) The fine is payable to the national committee which imposed it.
(2) The fine shall be payable within 15 days of the date on which the decision to impose it became final. The organisation shall be obliged to pay a penalty payment for each day of delay of one discharge of the outstanding amount.
Deferred payment, reduction and remission of fines
(1) The national committee which has imposed the fine may allow the payment of the fine, or its payment in instalments, reduced or waived.
(2) Deferred payment of the fine or its payment in instalments may be authorised
(a) an organisation where circumstances arise which make it impossible to pay the fine immediately;
(b) a worker if, without his fault, he cannot pay the fine at the time of its due and his immediate enforcement would be too harsh for him.
(3) Reductions or waivers may be permitted where exceptional circumstances arise for which payment of the fine would prove to be disproportionate. The reduction or remission of a fine imposed on an organisation may be subject to the condition that the organisation carries out further measures to improve the care of healthy living conditions within the prescribed period. If the organisation fails to comply with the condition laid down, it shall pay the fine, including the penalty payment.
(4) No appeal shall be made against the decision on the application for deferral of payment of the fine, payment of the fine in instalments, reduction or, where appropriate, remission of the fine; the decision cannot be reviewed either in the context of the recovery procedure or outside the appeal procedure.
Application of the proceeds of fines
(1) The fine is the income of the national committee which imposed it. The amount of the fines shall be used to finance facilities and measures to improve care for the creation and protection of healthy living conditions and, where appropriate, to finance activities that prevent deficiencies in such care.
(2) The national committees which have imposed the fines for the purposes referred to in paragraph 1 may, at their request, grant a contribution to the Socialist organisations if they cannot carry out the necessary facilities or measures from their own resources. The contribution may not be granted to an establishment or measure of a normal nature to be provided by the organisation by its own resources.
Relationship with other regulations
The provisions of this Act shall not apply to cases where a fine may be imposed on an organisation or worker under the rules on water management, on measures against air pollution, on state professional labour safety supervision, on the supervision of the State Mining Administration, on the use of mineral resources and on the labour code. 5)
Efficacy
This Act shall take effect on 1 October 1975.
Erban v. r.
Korcák v. r.
1) Act No. 20 / 1966 Coll., on the care of the health of the people, and the regulations issued for its implementation in the field of care of the creation and protection of healthy living conditions.
2) § 172 et seq. of the Labour Code.
3) Section 275 of the Labour Code.
4) Act No. 71 / 1967 Coll., on Administrative Procedure.
5) Decree of the Government of the Czech Republic No. 26 / 1975 Coll., on fines for infringement of obligations imposed on the water sector, Act No. 35 / 1967 Coll., on measures against air pollution, Act No. 174 / 1968 Coll., on state professional supervision of safety at work, Act No. 24 / 1972 Coll., on the organisation and extension of supervision of the State Mining Administration, § 47 (1) (b) of Act No. 41 / 1957 Coll., on the exploitation of mineral assets, and § 270a of the Labour Code.
6) Act No. 455 / 1991 Coll., on Business Business (Trade Code Act), as amended by Act No. 231 / 1992 Coll., Act No. 591 / 1992 Coll., Act No. 600 / 1992 Coll., Act No. 273 / 1993 Coll., Act No. 303 / 1993 Coll., Act No. 38 / 1994 Coll., Act No. 42 / 1994 Coll., Act No. 136 / 1994 Coll., Act No. 200 / 1994 Coll., Act No. 237 / 1995 Coll., Act No. 286 / 1995 Coll., Act No. 94 / 1996 Coll., Act No. 95 / 1996 Coll. Act No. 513 / 1991 Coll., Commercial Code, as amended by Act No. 264 / 1992 Coll., Act No. 591 / 1992 Coll., Act No. 600 / 1992 Coll., Act No. 286 / 1993 Coll., Act No. 156 / 1994 Coll., Act No. 84 / 1995 Coll., Act No. 94 / 1996 Coll. and Act No. 142 / 1996 Coll. Act No. 105 / 1990 Coll., on the Private Business of Citizens, as amended by Act No. 219 / 1991 Coll. and Act No. 455 / 1991 Coll.
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Regulation Information
| Citation | Act of the Czech National Council No. 36 / 1975 Coll., on fines for infringements of legislation on the creation and protection of healthy living conditions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.1975 |
|---|---|
| Effective from | 01.10.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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