Act No. 48 / 1946 Coll.

Law on the Management of Mineral Oils and Fuels

Valid Effective from 02.04.1946
48.
Law
of 5 March 1946
on the management of mineral oils and propellants.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
§ 1.
(1) In order for the entire territory of the Czechoslovak Republic to be managed uniformly for the duration of the exceptional economic conditions by mineral oils and propellants, which have been extracted or produced or imported in that territory, a central distribution of mineral oils and propellants (in the next Division), based in Prague, is established.
(2) Mineral oils and propellants are products of natural oil and related substances, as well as all other propellants fixed, liquid and gaseous, which are determined by the Division by decree in the Official Journal of the Czechoslovak Republic.
(3) It is, in particular, responsible for identifying the annual domestic need for mineral oils and propellants and for ensuring, within the framework of the Directives issued pursuant to Article 3, that all the substances referred to in paragraph 2, raw materials, semi-finished products and finished products are covered by this requirement, that, in agreement with the relevant ministries (Article 3), the distribution of the monthly needs of mineral oils and propellants to the various sectors of consumption, that they co-operate in the management of the production and import of mineral oils and propellants from abroad, and that they have the means and facilities used to store, transport and distribute such substances.
§ 2.
(1) Division is a legal person governed by public law. It shall be subject directly to the Bureau of the Government.
(2) The head of the Division is a presenter who represents her both in court and outside the court. The government appoints the priority of the Division and its deputy.
(3) The presenter manages the normal affairs of the Division and sets up its staff. Staff Regulations of Officials of the European Union shall be governed by private law.
(4) The division is subject to control by the Supreme Accounting Audit Office pursuant to the provisions of the Act of 20 March 1919, No 175 Coll., on the establishment and competence of the Supreme Accounting Audit Office.
§ 3.
(1) A commission shall be set up at the Bureau of the Government, composed of representatives of the General Secretariat of the Economic Council and of the Ministries of Industry, Internal Trade, Foreign Trade, National Defence, Transport, Agriculture, Finance, Food and Health, which sets out essential guidelines for the management of mineral oils and fuels. The committee's meeting is attended by the Head of Division or his deputy with an advisory vote.
(2) The General Secretariat of the Economic Council and each of the ministries referred to in paragraph 1 shall be appointed to the Commission by one member and by one alternate.
(3) The Commission shall act under the Rules of Procedure, which shall be subject to approval by the Bureau of the Government.
§ 4.
The division shall be approved by the Bureau of the Government within the framework of the directives laid down by the Commission pursuant to Article 3, the provisions on the treatment and supervision of mineral oils and fuels. These regulations, if they are of a general nature, shall be published in the Official Journal of the Republic of Czechoslovakia.
§ 5.
Authorities, other public authorities and economic interest organisations are obliged, if the Division so requests, to cooperate in the implementation of this law.
§ 6.
The division shall be entitled to request written or oral reports from interested parties to perform the tasks under this Act. It may also require that goods and other objects, in particular samples and tests of the goods and the relevant documents, be sent or presented to it. It shall be entitled, to the extent strictly necessary, to carry out checks on persons who are required to report, in particular by consulting the relevant trade books, records and correspondence and by examining their production, trade and transport conditions. The provisions of § § 8 to 10 of the Constitutional Law of 9 April 1920, No 293 Coll., on the protection of the freedom of persons, home and secrets of letters, after § § 6 to 9 of the Law of 11 May 1944, No 50 of the Coll. on the protection of personal freedom, home peace, temporary restrictions on them and other rights and freedoms. The result of the investigation shall not be used for purposes other than those of this Act.
§ 7.
(1) All authorities responsible for carrying out or participating in the tasks under this Act, in particular the supervisory authorities, experts and all auxiliary forces, shall be obliged to remain silent on all the facts which they have learned in their activities, in particular commercial and manufacturing secrets.
(2) The obligation to remain silent shall not cease to exist or to serve.
§ 8.
(1) The budget for the following calendar year shall be drawn up by 1 December each year and submitted to the Bureau of the Government for approval.
(2) By 1 March each year, the Division shall draw up the accounts for the previous financial year and submit them for approval to the Bureau of the Government, which shall discuss them in agreement with the Supreme Audit Office.
§ 9.
(1) The maintenance cost of the Division shall be provided with contributions.
(2) Contributions shall be made:
(a) for domestic mineral oils and fuels manufactured by manufacturers;
(b) for mineral oils and propellants imported by importers;
(c) for the removal orders for mineral oils and propellants by their consumers.
(3) The amount of the contributions and the details of their deposit and collection shall be determined and published in the Official Journal of the Republic of Czechoslovakia by the Minister for Finance after hearing the President of the Supreme Bureau. The contributions not paid in time shall pay 4% interest on late payments.
(4) Payment orders for contributions issued by the Division are an enforceable title; their fulfilment is enforced by political execution.
(5) Any surplus of the management of the Dividend House is carried out annually by the Treasury.
§ 10.
All legal acts, submissions, documents and all acts which carry out the tasks of this Diversification Act are free of fees, stamps and benefits.
§ 11.
The hearing and omission, contrary to the provisions of this law or to the rules and instructions issued by the Division within its field of competence, shall be punishable on a proposal from the Division, unless it is a criminal offence by a court, the District National Committee, by a fine of up to 1 million CZK or by imprisonment within 6 months or both. If a fine has been imposed, a replacement prison sentence shall be imposed at the same time in case of imperfections, depending on the rate of guilt within 6 months.
§ 12.
The applicability of the rules on the period of non-freedom, which have so far been adapted to the management of mineral oils and propellants, shall be deleted.
§ 13.
This Act shall take effect on the 15th day following its publication; It shall be implemented by the Prime Minister in agreement with the participating members of the Government.
Dr Beneš v. r.
Fierlinger v. r.

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Regulation Information

CitationAct No. 48 / 1946 Coll., on Mineral Oil and Fuel Management
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation18.03.1946
Effective from02.04.1946
Effective until-
Status Valid
The regulation text is for informational purposes only.
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