Act No. 52 / 1949 Coll.
Act on population reporting
Valid
Effective from 01.04.1949
52.
Law
of 23 February 1949
on population reporting
The National Assembly of the Czechoslovak Republic decided on the following Act:
Population report.
Reporting of residence
(1) Under this law, each person is required to report to the reporting authority (hereinafter referred to as "the reporting office ') the beginning, modification and termination of his stay in the municipality with secondary reporting information, in the manner, with the documents and within the time limits laid down in the implementing rules. Unless otherwise provided for in these provisions, this report shall be made on reporting forms.
(2) Everyone is obliged to make all reports completely and truthfully.
Stay
The term "residence 'means both permanent residence (permanent residence) and temporary residence (temporary residence outside the place of permanent residence).
Report
(1) The report shall be made by the executive body of the local national committee.
(2) If the interest of proper population records so requires, the implementing rules may designate another authority as a reporting office.
(3) In the capital of Prague, Bratislava and Brno, the competent public security authority is notified.
Accommodation
(1) The accommodation is:
(a) the owner of the building or plot as regards its tenants or other persons he has accommodated in his building or on his property;
(b) the tenant or user of the apartment or other room as regards its lodgers or other persons he has accommodated in his apartment (s);
(c) the operator of the accommodation which is responsible for the operation of the undertaking, institute or establishment providing for the salary or free of charge of accommodation in respect of persons who have been resident in his accommodation.
(2) The implementing rules shall specify which other persons shall be considered to be the accommodation provider and who shall fulfil the obligations of the accommodation provider who does not live in the house.
Obligations of accommodation providers
(1) The accommodation provider is obliged to ensure that all persons he has accommodated fulfil their obligation to report the stay within the prescribed time limit.
If a person has not declared his / her residence compulsory within the prescribed period, the accommodation provider shall notify the reporting authority or the competent public security authority without delay.
(2) The accommodation operator shall also:
(a) keep the home book and enter it immediately when the person staying is properly identified;
(b) submit, upon request, the home book or extracts thereof to the inspection authorities;
(c) immediately notify the competent public security authority of a person who has not demonstrated his identity.
Exceptions and concessions
(1) The provisions of Part One do not apply to persons residing under military housing regulations.
(2) Implementing rules may provide for additional general exemptions and concessions. In individual cases or for individual groups of cases, the Ministry of the Interior or the authorities entrusted with it may allow exemptions (concessions).
(3) The Ministry of the Interior may provide for specific arrangements for reporting the population in the border area.
Special reports
(1) The implementing rules may provide for a certain date to cease to be valid for all residence or residence reports made in accordance with the existing rules. In such a case, for the purposes of this Act, the persons for whom the declaration of residence has expired as if their stay in the municipality had begun on that date. For the reports to be made in this case, the implementing rules may specify specific time limits and specify the method, particulars, documents and place of notification by way of derogation from the provisions of this law and the rules issued under it.
(2) The implementing rules may also provide for specific reporting of the facts needed for the purpose of military administration.
Obligation to notify changes to the secondary reporting data.
Changes to the by-reporting data that occurred after the stay has been declared (§ 1 (2)) shall be notified by the person who made the changes.
The method of reporting the population and the deadlines.
(1) Staying with secondary reporting data is to be reported and the changes to such data notified in a manner, with documents and within the time limits laid down by the implementing rules. Unless otherwise provided for in these provisions, this notification (s) shall take place on the notification (s).
(2) Everyone is obliged to make all reports (notifications) completely and truthfully.
Exceptions and relief.
(1) The provisions of Part One shall not apply to persons staying under military accommodation regulations.
(2) The implementing rules may provide for additional general exceptions and concessions, in particular for persons who are entitled to the right of exteritoriality, to foreign professional consuls and to persons assimilated to them if they are not citizens of the Czechoslovak Republic. In individual cases or for individual groups of cases, the Ministry of the Interior or the authorities entrusted with it may allow exemptions (concessions).
Special arrangements for population reporting.
(1) As regards the reporting of the population in the customs border zone and in the municipalities intersected by the internal customs border, the implementing rules in general and the Ministry of the Interior or the authorities entrusted with it on a case-by-case basis or for each group of cases may provide that:
(a) the accommodation operators shall be obliged to report by telephone the beginning and end of the stay of the persons staying in the accommodation, to take care of the possibility of telephone connection, after agreement with the participant of a nearby telephone station;
(b) persons residing in accommodation facilities are required to surrender their identity card to the accommodation operator under conditions which are also laid down and to keep it in his custody.
(2) If this is urgently needed in the interests of proper population records, the measures referred to in paragraph 1 may also be taken in other national territories.
Special report.
(1) The implementing rules may provide for a certain date to cease to be valid for all residence or residence reports made in accordance with the existing rules. In such a case, for the purposes of this Act, the persons for whom the declaration of residence has ceased to be valid as if their stay in the municipality had begun on that date. For the reports to be made in this case, the implementing rules may specify specific time limits and specify the method, data, documents and place of reporting by way of derogation from the provisions of this law and the rules issued under it.
(2) The implementing rules may also provide for specific reporting of the facts needed for the purpose of military administration.
Provisions common and final.
Implementing rules
In agreement with the central authorities involved, the Ministry of the Interior will issue regulations for the implementation of this Act in the Official Journal.
Criminal provisions.
(1) Those who infringe the provisions of Part One or the provisions issued for their implementation or who infringe an order or prohibition issued under those provisions shall be punished, if not for a more severe criminal offence, for an administrative offence of up to 25 000 CZK or a prison (lock-in) within three months.
(2) Those who infringe the provisions of Part Two or the provisions issued for their implementation or who infringe an order or prohibition issued under those provisions shall be punished, if not for a more severe criminal offence, for an administrative offence of up to 50.000 CZK or by a prison (lock-in) within six months.
(3) If a person has already been lawfully punished under this law or under the laws which he or she has been replaced by, or if the offence has been committed in the customs border zone, a penalty and a penalty may be imposed at the same time.
(4) Where a fine has been imposed, a replacement prison sentence (lockdown) shall be imposed at the same time, in the cases referred to in paragraph 1, within three months and in the cases referred to in paragraph 2, within six months.
(5) Persons operating after the business of accommodation that have already been legally punished for the infringement of the obligation to report the commencement or termination of the stay of persons residing in their accommodation may be subject to a criminal finding of a trade permit for a certain period or forever.
Cancellation clause.
(1) The validity of any provisions which contravene or replace this law shall be revoked where applicable. in particular, the validity shall be revoked where applicable:
(a) the Ordinance of 15 February 1857, No 33, on reporting, as amended by the Ordinance of 15 January 1860, No 20, and the regulations issued pursuant thereto;
(b) Ordinance of 2 April 1858, No 51, concerning infringements of reporting provisions;
(c) the provisions of § 320 (a) to (d) of the General Criminal Act and, as regards reporting under that Act, also the provisions of § 320 (e) of the General Criminal Act;
(d) the provisions of § 577 (a) to (d) of the Military Criminal Act and, as regards reporting under that Act, also the provisions of § 577 (e) of the Military Criminal Act;
(e) Act of 28 March 1935, No. 51 Coll., on the declaration of residence,
(f) the Government Decree of 30 April 1941, No 233 Coll., on the declaration of residence (Code of Reports), and the regulations issued pursuant thereto,
(g) the Law of 27 April 1944, No 40 of the SLA, on police reports, and the provisions issued pursuant thereto,
(h) the Act of 28 March 1935, No 52 Coll., on the residence of foreigners, as amended by the Decree of 21 May 1937, No 82 Coll., and the Decree of 28 October 1938, No 257 Coll.,
(i) Government Decree of 25 June 1935, No. 143 Coll., implementing the Law of 28 March 1935, No. 52 Coll., on the residence of foreigners, as amended by the Government Decree of 12 November 1937, No. 223 Coll.,
(j) Ordinance of the Ministry of the Interior of 3 July 1935, No. 144 Coll., on the relief pursuant to Section 12 of the Law of 28 March 1935, No. 52 Coll., on the residence of foreigners,
(k) provisions on the reporting obligations contained in the Law of Defense and in the regulations issued under it, except as regards the obligation to report to the register;
(l) the provisions on the expulsion (expulsion, prohibition of residence) of foreigners, with the exception of those governing the expulsion (expulsion, prohibition of residence) of foreigners by the judgment.
(2) Furthermore, if this has not already happened before, Article V / 1903, on the right of residence of foreigners, and the provisions of Sections 72 and 73 of Article XL / 1879 of the Criminal Code on Infringements are hereby repealed.
(3) The specific reporting provisions, passport regulations, employment regulations for foreigners, and the Act of 29 May 1947, No 107 Coll., on measures to prevent the unauthorised crossing of national borders, and the Regulations issued under it and the Act of 13 May 1936, No 131 Coll., on State defence, and the Regulations issued under it, remain unchanged.
(4) Where other provisions are invoked by the provisions repealed pursuant to paragraphs 1 or 2, similar provisions of this Law or the provisions issued under it shall enter their place.
Efficiency and execution.
This Law shall enter into force on 1 April 1949, with the exception of Article 22, which shall take effect on the day of its publication; It shall be implemented by the Minister for the Interior in agreement with participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Nosek v. r.
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Regulation Information
| Citation | Act No. 52 / 1949 Coll., on Population Reporting |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.03.1949 |
|---|---|
| Effective from | 01.04.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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