Act of the Czech National Council No. 37 / 1973 Coll.
Act of the Czech National Council on public collections and lotteries and other similar games
Valid
Effective from 01.07.1973
37
THE LAW
Czech National Council
of 12 April 1973
on public collections and lotteries and other similar games
The Czech National Council decided on this law:
Preliminary provisions
Public collections
(1) Public collections are collections organised to achieve funds for a predetermined purpose which are held
(a) in places and premises generally accessible or house-to-house, direct calls for contributions or the sale of items in whose sales price a cash contribution is included;
(b) direct or indirect calls, published by the press, radio, television or other means (e.g. by distributing promotional material), to persons and organisations to provide contributions;
(c) in public cultural and other generally accessible performances where participants are invited, directly or indirectly, to provide contributions or where the cash contribution is already included in the admission fee.
(2) Public collections (hereinafter referred to as "collections") shall not be regarded as:
(a) collections held by the authorities of the National Front, political parties, voluntary social organisations, associations or special associations between their members or, where appropriate, by member organisations, by collecting cash contributions or by selling stamps, badges and similar items to achieve the means of fulfilling their tasks;
(b) collections held for the purposes of churches and religious societies recognised by the State in churches, prayers and other rooms intended for cult ceremonies.
Collection
Authorisation to hold collections
Only an organisation can carry out the collection on the basis of an authorisation granted by a public authority for its written application (§ 5).
Authorisation of collections
(1) The collection may be authorised,
(a) if it is in accordance with the laws in force and other generally binding laws, as well as with the foreign political interests of the Czech Republic, does not threaten public policy, its proper implementation is guaranteed and its purpose is social, enlightening or otherwise public; and
(b) if the estimated costs associated with the implementation of the collection do not require the bulk of its gross yield.
(2) Authorisation of the collection may be subject to compliance with the conditions necessary in the public interest.
(1) The collection to be used in the Czech Republic is authorised
(a) the municipal national committee, if only on the territory of the city,
(b) a district national committee, if it is to be held only on the territory of the district or part thereof, if the municipal national committee is not competent;
(c) the Regional National Committee, if it is to be held only in the territory of the Region, or in part thereof, unless the competent City or Regional National Committee is,
d) the district national committee in the capital of Prague, if it is to be held only in the city district, otherwise the national committee of the capital of Prague,
e) Ministry of the Interior, if it is to take place in a territory exceeding the region (territory of the capital city of Prague).
(2) The collection to be used outside the Czech Republic is always authorised by the Ministry of Interior in agreement with the Ministry of Finance and the Ministry of Foreign Affairs.
(1) The authority of the State which authorised the collection shall withdraw the authorisation if circumstances for which the collection could not be authorised arise, or if the information on the basis of which the authorisation was granted proves to be misleading.
(2) The authority of the State which authorised the collection may withdraw the authorisation or temporarily suspend the implementation of the collection, if any of the conditions laid down in the permit or if the relevant legislation on the implementation of the collection is not complied with.
Collection of national committees
(1) National committees may organise collections between residents and organisations in their territorial districts for a public purpose in their field of competence, in particular for urgent assistance for persons affected by natural disasters.
(2) For the collection of the National Committee, the prior approval of the National Committee of the Higher Level is needed, and for the collection held by the Regional National Committee or the National Committee of the City of Prague, the prior approval of the Ministry of Interior.
(3) The proceeds of the collection held by the national committee are its income.
Implementation of collections
(1) Until the collection is authorised, it shall not be carried out or made known.
(2) Collections are carried out by collectibles, secured by collectors' coffers, the sale of items in whose sale price includes a cash contribution, the sale of tickets to public cultural enterprises and other generally accessible performances organised to obtain contributions, the establishment and announcement of accounts with cash institutions to pay contributions or the establishment and announcement of places to receive contributions.
(3) The number of collectibles and persons responsible for carrying out the collection shall be determined by the organisation authorised by the collection and, where appropriate, by its lower organisational component, after prior agreement of the local national committee in whose territory the collection is to be held. The persons responsible for carrying out the collection must be fair, trustworthy and normally resident in the municipality where the collection is to be held. The persons in charge of carrying out the collection may not be remunerated for its proceeds.
(4) Where collectibles are carried out, the organisations authorised by the collection shall also be required to ensure that the contributors duly complete and sign the collection documents.
(1) The collections referred to in Article 1 (1) (a) may not be carried out in public transport, railway stations, guest rooms, entertainment rooms or shops.
(2) In the offices, state organisations and facilities, in the premises or in the facilities of the armed corps, the collections may be carried out only with the consent of the Head (Commander) or the authority authorised by him.
Provisions common and final
Use of collection proceeds
(1) The proceeds of the collection may in principle be used for the purpose set out in the authorisation or, where appropriate, in the decision to consent to the collection of the national committee.
(2) For another purpose, the proceeds of the collection may be used only with the prior approval of the authority which authorised the collection or gave consent to the collection of the national committee.
(3) Consent to another use of the proceeds of the collection may be granted only if its original purpose has been lost as a result of an unforeseen cause or its authorisation has been revoked (Sections 6 and 11 (3)), unless it has been decided to transfer the proceeds to the state budget of the Czech Republic (Section 18 (2)).
Control and surveillance
(1) An organisation authorised by the collection is required to submit an account within the time limit specified in the authorisation of the authority which authorised the collection or the authority authorised by it.
(2) The public authority which has authorised the collection may at any time be satisfied, including through a lower level administration, whether the collection is carried out in accordance with the conditions laid down in the authorisation and whether the relevant legislation is complied with; If irregularities are detected, it shall proceed in accordance with § 6 (§ 11 (3)).
In respect of collections, national committees and the Ministry of the Interior, they shall supervise compliance with this Act and the regulations issued for its implementation.
Position of organisations
(1) The District National Committee shall impose a fine of up to 200 000 KKS on an organisation which, in its circumference, in breach of the provisions of this Act and the provisions issued for its implementation, collects without the necessary authorisation or cooperates or does so in breach of the conditions laid down, or uses the proceeds of the collection for purposes other than permitted. The fine shall be paid to the budget of the Czech Republic.
(2) The District National Committee may decide that the proceeds of a collection which has not been authorised or whose authorisation has been revoked should be transferred to the state budget of the Czech Republic.
Authorisation provisions
(1) The Ministry of the Interior shall, by decree, amend the details of the collections as regards the formalities for applications for authorisation, the formalities for authorisation, the promotion of the collections and their implementation and billing.
Repeal
_
(a) legislation which remains in force under Act No. 11 / 1918 Coll., establishing a separate state of Czechoslovak, governing collection and lottery issues,
(b) Decree No 167 / 1959 of the Minister for Finance of the Czech Republic issuing regulations on the operation and organisation of lotteries and other similar games;
(c) No 32 of Annex A, No 23 of Annex B and No 13 of Annex D to the Czech National Council Act No. 146 / 1971 Coll., amending and supplementing the Act on National Committees and regulating the competence of national committees in certain sections of government.
This Law shall take effect on 1 July 1973.
Erban v. r.
Korcák v. r.
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Regulation Information
| Citation | Act of the Czech National Council No. 37 / 1973 Coll., on public collections and on lotteries and other similar games |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.04.1973 |
|---|---|
| Effective from | 01.07.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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