Government Decree No. 88 / 1949 Coll.

Regulation on collection and disposal of raw materials

Valid Effective from 08.04.1949
88.
Government Regulation
of 8 March 1949
on the collection and disposal of raw materials.
The Government of the Czechoslovak Republic, with the agreement of the President of the Republic pursuant to § 42, paragraph 1 of the Act of 27 October 1948, No 241 Coll., on the first five-year Economic Plan for the Development of the Czechoslovak Republic (Act on the Five-Year Plan):
§ 1.
(1) The collected raw materials provided for in this Regulation are:
(a) waste steel and broken iron (iron waste),
(b) waste and scrap of base metal;
(c) old and waste paper,
(d) rags, trimmings and textile waste;
(e) fur waste;
(f) used cleaning rags, wool and cotton,
(g) glass shards;
(h) wastes of hard and soft rubber of all kinds,
(i) spent celluloid, igelite or spent similar matter;
(j) gypsum fragments;
(k) cork waste;
(l) leather waste,
(m) bone and horn,
(n) hides,
(o) raw leather;
(p) feathers,
(r) horsehair, bristles and hair,
(s) animal glands and organs.
(2) In an agreement with the Ministry of Internal Trade, the Ministry of Internal Trade may declare, in an agreement with the Ministry under whose jurisdiction the raw material industry is responsible for the recovery of raw materials, other materials which can be collected by means of the collection of such materials, or exclude certain materials from its scope, as well as specifying the different types of raw materials referred to in paragraph 1.
§ 2.
(1) Collective raw materials may not be destroyed unless strictly necessary for reasons of health or other public interest.
(2) Collective raw materials must be offered and surrendered to the undertakings referred to in Article 3, unless they are processed by the owner (s) himself under the relevant rules.
§ 3.
(1) The collection of raw materials is carried out by the national undertakings entrusted by the Ministry of Internal Trade by a decree in the Official Gazette (hereinafter referred to as "authorised national undertakings").
(2) In accordance with the procedure referred to in paragraph 1, the Ministry of Internal Trade shall determine the collection circuits for national undertakings.
§ 4.
(1) Local national committees are responsible for the regular collection of raw materials, as determined by the Ministry of Internal Trade in agreement with the Ministry of Industry by the Decree in the Official Journal.
(2) In municipalities with a population of up to 50,000, local national committees will take care of the collection of raw materials from persons offering them free of charge and of their appropriate storage and sorting by species. They shall invite youth or other organisations and persons to carry out the collection.
(3) The local national committees shall sell the collection raw materials obtained from the collection referred to in paragraph 2 to the relevant authorised national undertaking and shall transfer the proceeds to the municipal treasury. The collection costs shall be borne by municipal funds. If the proceeds of the collection exceed these costs, the local national committee may, up to the amount of the surplus found, grant compensation from municipal funds to the organisers and persons responsible for the successful collection and contribute to the establishment or operation of cultural and physical establishments.
(4) In municipalities with a population of over 50,000, the local national committee may order owners and other home users to set up a permanent collection of raw materials. The collection of raw materials from these domestic collection centres shall be taken directly by the authorised national undertakings.
§ 5.
The tasks provided for in Article 3 shall be carried out by the national undertakings entrusted to them in particular:
(a) to ensure that the collection of raw materials is successful and that its results are evident;
(b) to extract the raw materials from their own plants and equipment, to sort them and to control them, and to safeguard against destruction and destruction;
(c) to keep an eye on, within the limits of the authority given by the Ministry within the scope of which the undertaking, institute or establishment where the raw materials are collected, so that the raw materials are offered regularly for collection;
(d) to supply sorted and, in the case of treated raw materials, according to the instructions of the Distribution Commission (§ 6);
(e) report to ministries of internal trade and industry.
§ 6.
(1) The distribution of raw materials obtained by mandated national undertakings is decided by a distribution commission set up by the Ministry of Internal Trade in agreement with the Ministry of Industry at one of the designated national undertakings. The Distribution Commission shall have five members, including the Chairperson and Vice-President. The President and the Vice-President shall be appointed by the Minister of Internal Trade in agreement with the Minister of Industry from among the senior staff of the delegated national undertakings. Other members are representatives of the ministries of internal trade and industry and of industry and trade delegation. Each member shall have an alternate appointed in the same manner as the member.
(2) The Distribution Commission shall invite representatives of the sectors concerned and of the authorities to act as appropriate.
(3) The Distribution Commission is subject to the Minister for Industry and follows its guidelines and directives. In urgent cases, the Ministry of Industry may decide directly to distribute the raw materials.
(4) Authorised national undertakings shall communicate to the distribution committee the necessary data and carry out administrative work for it.
§ 7.
The Regional and Regional National Committees shall supervise the collection of raw materials in their perimeter and shall give effect to its results and shall be obliged to cooperate in the performance of the tasks provided for in this Regulation.
§ 8.
(1) The detailed rules for the implementation of the collection are to be laid down by the Ministry of Internal Trade in an agreement with the Ministry of Industry, in which the raw materials are used and in an agreement with the Ministry of Health in the Official Journal.
(2) Detailed provisions on the sorting, treatment and handling of individual types of raw materials are to be laid down by the Ministry under whose responsibility the raw material industry is used and in agreement with the Ministry of Health by a decree in the Official Journal.
§ 9.
(1) Following the applicability of the Government Decree of 23 November 1939, No 312 Coll., on the compulsory collection of bones and horn, on trade and on their processing, on the Government Order of 21 December 1939, No 29 Coll. of 1940, on waste management, and on the Decree of 24 April 1940, on the compulsory collection of waste.
(2) Measures taken in accordance with the provisions in force, where applicable, in accordance with paragraph 1 shall remain unaffected if they are not replaced by new measures taken under this Regulation.
§ 10.
(1) Negotiations and omissions contrary to the provisions of this Regulation or to the provisions laid down under it shall be punishable in the absence of a criminal offence in court, as an administrative offence of up to CZK 50,000, or by a prison (lockdown) within six months, or both. In the event of non-availability of the fine, a replacement prison sentence (lock-down) shall be calculated in accordance with the rate of guilt within 6 months. If both types of punishment are imposed at the same time, the punishment on the free side, together with the prison detention penalty, must not exceed 6 months.
(2) Where an offence has been committed in the course of a trade and the offender has previously been lawfully punished for the offence referred to in paragraph 1, the loss of the trade licence may also be declared, either for a period of time or forever.
(3) Public authorities may not be able to fight for an offence in accordance with paragraph 1.
§ 11.
This Regulation shall enter into force on the day of its publication; They shall be carried out by the Ministers for Internal Trade, Industry and Health and by other participating members of the Government.
Gottwald v. r.
Zaporocký v. r.
Krajčir v. r.
Kliment v. r.
Plojhar v. r.

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Regulation Information

CitationGovernment Decree No. 88 / 1949 Coll., on collection and disposal of raw materials
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation08.04.1949
Effective from08.04.1949
Effective until-
Status Valid
The regulation text is for informational purposes only.
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