Act No. 86 / 1949 Coll.
Law on gamekeepers for the protection of forests, field property, hunting, fishing and water and water works
Valid
Effective from 07.04.1949
86.
Law
of 23 March 1949
on sworn gamekeepers to protect forests, field property, hunting, fishing and water and water works.
The National Assembly of the Czechoslovak Republic decided on the following Act:
By the appropriate gamekeeper (s) under this law, persons who, under the regulations on the protection of forests, field property, hunting, fishing and water and water works, have been appointed to protect one of these goods and have taken an oath.
(1) The affidavit may be established and taken to the oath, unless one of the grounds referred to in Paragraph 3 (1) prevent it, by a person who:
(a) has reached the age of 18;
b) is a Czechoslovak citizen,
(c) is State-of-the-art;
(d) is physically and mentally competent;
(e) has demonstrated knowledge of the obligations and rights of the sworn gamekeeper under this Act and the relevant provisions on the protection of the goods referred to in Section 1.
(2) A certificate of successful visit to a forestry, defence or fishing school or a successful forestry, hunting or hunting test shall be regarded as proof of knowledge referred to in paragraph 1 (e). Otherwise, the knowledge referred to in paragraph 1 (e) shall be demonstrated by an oral examination which shall be composed of the District National Committee.
(1) The affidavit cannot be established and the oath taken by a person who has been lawfully convicted
(a) for any crime or offence or offence committed by means of low and dishonest or by a firearm;
(b) for one of the offences referred to in Sections 48, 52, 58 to 60 of the Act of 18 December 1947, No 225 Coll., on hunting,
(c) for the illicit possession of a weapon; or
(d) in the case of field or forest pride, provided that a period of three years has not elapsed since the execution of the sentence at liberty or the payment of the penalty on money.
(2) The Regional National Committee may, for reasons of particular concern, authorise derogations from the provisions of paragraph 1.
(1) The same person may be appointed by a gamekeeper and taken to the oath for one or more employers or for several sectors of the protection service or for several service districts (§ 6, paragraph 2).
(2) Employees of the enterprises "Czechoslovak State Forests, National Enterprise," "Czechoslovak State Goods, National Enterprise" and of the employees of the forests and goods in the military administration can be designated by affidavit gays and taken into the oath for all sectors of the protection services and for the whole perimeter of the company.
(1) The employer who wishes to appoint an affidavit must request that the provision be approved by the district national committee and that the proposed person be taken into the oath.
(2) The local authority is the district national committee, in whose district is the service district of the sworn gamekeeper (§ 6, par. 2). If this district is within the perimeter of several district national committees, the district national committee shall be responsible, in whose district the sworn gamekeeper is resident.
(3) If the district national committee finds that the conditions set out in Paragraph 2 are met, it shall approve the provision of the relevant gamekeeper and take him under oath.
(1) The oath is as follows:
"I swear that I will faithfully protect the Czechoslovak Republic and its popular democratic establishment, that I will perform the protective service I am ordered to do with the utmost care and that I will conscientiously protect the property whose protection is entrusted to me against all attacks, that any damage to the protected property I discover will be reported immediately and that I will avoid any exceeding my authorization."
(2) A certificate shall be issued by the district national committee to approve the provisions of the oath and to take the oath, the specimen of which shall be issued by the Ministry of Agriculture in agreement with the Ministry of Interior in the Official Journal. The certificate shall indicate the territorial perimeter, which shall be assigned to the defendant for the performance of the protective service (service district), and shall indicate the weapons which the sworn gamekeeper may hold and carry. The certificate replaces the weapons passport for these weapons. The concierge must be certified in the course of the service with him and declared on request.
(3) The Regional National Committee shall keep a list of the sworn gamekeepers, comprising the name and surname, occupation and residence of the gamekeeper, the type of protection service, the service district, the date of the oath, the authorisation to hold and carry arms and the employer's name and residence.
The employer shall notify the district national committee within 8 days:
(a) if the service district is changed by an order to the sworn gamekeeper or the kind of protective service he is ordered; or
(b) appoint a gamekeeper by oath who is already acting as a gamekeeper for another employer.
At the same time, the employer must submit a certificate for repair or addition.
If the district national committee finds that the conditions for the provision of the affidavit provided for in Article 2 are not fulfilled or that they were not present at the time of the provision, it shall declare the certificate invalid.
(1) If the certificate has been declared invalid pursuant to § 8 or if the affidavit has ceased to carry out the protection service for another reason, he shall be obliged to submit the certificate immediately to the employer. The employer is obliged to submit a certificate to the district national committee and, if so, to inform the sworn gamekeeper that the protective service for him has ceased. If the affidavit ceases to carry out protection services only for one of several employers, he shall notify the district national committee and submit a certificate for repair.
(2) If a person who has already been appointed by the gamekeeper and has taken an oath by the gamekeeper is to be designated by the gamekeeper, he shall not be re-sworn in that case. It is sufficient to re-issue a certificate by the District National Committee.
(1) In the performance of protective services in his service district, a concierge may only be detained:
1. the person found guilty of an offence against the property for which he has been designated;
(a) if he is not known and his identity cannot be ascertained immediately; or
(b) if he opposes himself in the performance of his duties; or
(c) eligible for significant damage;
2. An unknown person suspected of committing an offence on the property for which he was appointed to protect, unless his identity can immediately be established reliably.
(2) If a person who may be detained in accordance with paragraph 1 is on the run, he or she may also be held outside his or her service district.
(3) If there is a suspicion that the person being detained has objects in his possession involving the offence on the property for which he or she has been assigned to protect, or objects which serve to commit or originate in such an offence, he or she may inspect and remove the clothing and articles which the detainee holds.
(4) The concierge shall present the detained person without delay to the local national committee or security authorities and shall forward the items taken.
(1) In the performance of his duties, the concierge may, to the extent necessary, use weapons, with caution as required, only in the event of necessary defence to avert an unlawful attack against his or her person or an imminent attack on the life of another person.
(2) The use shall be subject to all arms, stings and firearms which are customary in the public security service, provided that the gamekeeper is authorised to hold and carry such weapons (Section 6, paragraph 2).
The concierge must identify the direct consequences of the use of the weapon as soon as this can happen without endangering him or anyone else. If possible, the injured person shall receive first aid. The use of the weapon shall be immediately rectified by the security authorities and the employer of the sworn gamekeeper.
Applications for approval of the provisions of the Ordonnance and of the oath certificate shall be exempt from fees and charges for official acts in administrative matters.
Persons who have been appointed by the sworn gamekeepers and taken to the oath under the existing rules shall be considered to be gamekeepers under this law. Employers of such persons shall, within 30 days of the entry into force of this Act, submit to the Regional National Committee an existing certificate and request the issue of a certificate under this Act.
The provisions of the Act of 22 January 1948, No 12 Coll., on the external marking of the affidavit guard, intended for the protection of forests, field property, hunting and fishing, shall also apply to the affidavit gameplay provided for the protection of water and water works.
(1) Negotiations and omissions contrary to the provisions of this law shall be punishable, unless it is a criminal offence, by a penalty of up to 20 000 CZK or by a prison (lock-down) within one month or both. At the same time, in the event of imperfections, a replacement prison sentence (lockdown) shall be imposed in accordance with the rate of guilt within one month. If both penalties are imposed at the same time, the punishment on the free side, together with the replacement penalty, must not be more than one month for an impenetrable fine.
(2) The findings may be those by which the offence was committed or which were intended to be committed, declared forfeited to the State.
(1) The provisions which contravene this law, in particular those concerning the applicability of the provisions, are hereby repealed.
1. § 52, § 4 and § 53 to 58 cís. of the patent of 3 December 1852, No 250 krz. on the issue of the new Forest Act,
2. Ordinance of 2 January 1854, No 4, on the taking into account of the oath of protective staff of forest and hunting staff for hunting service,
3. the Decree of 1 July 1857, No 124, on the requirements for taking the oath for forest and hunting protection,
4. the Law of 16 June 1872, No 84 of 16 June 1872 on the official status of security staff appointed to protect the various sectors of agriculture,
5. § § 20 to 27, 29 and 30 of the Act of 12 October 1875, No. 76 of the Czech Republic, on the protection of field property,
6. § 19 to 25, 28 and 29 of the Act of 13 January 1875, No 12 mor. z., on the protection of field property,
7. § 18 to 24, 27 and 28 of the Law of 30 June 1875, No 21 Coll. z., on the protection of field property,
8. Paragraph 178 (2) of Article XXIII / 1885 on water law,
9. § 70, second sentence of the Water Act, as amended by the Annex to the Decree of 7 August 1942, No 305 Coll.,
10. § 37 to 40 of the Act XXXI / 1879, on the Forest Act, and Decree No 72.086 / 1895 F. M.,
11. Sections 76 to 86 and 96 of Article XII / 1894, on the field economy and field police, and Sections 76 to 86 of Implementing Regulation No 48.000 / 1894 F. M.,
12th Law of 1 May 1896, No 53 mor. z., on the requirements for confirmation and acceptance into the oath of the guard staff provided for the protection of agriculture, and
13th Government Decree of 20 August 1942, No. 311 Coll., on the protective service of hunting animals.
(2) Paragraph 30 of Act No. 225 / 1947 Coll. remains unaffected.
This Act shall take effect on the day of its publication; it shall be implemented by the Minister for Agriculture in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Děuriš v. r.
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Regulation Information
| Citation | Act No. 86 / 1949 Coll., on sworn gamekeepers for the protection of forests, field property, hunting, fishing and water and water works |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.04.1949 |
|---|---|
| Effective from | 07.04.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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