Act No. 94 / 1949 Coll.
Law on the Issue and Expansion of Books, Musical and Other Non-Periodic Publications
Valid
Effective from 10.04.1949
94.
Law
of 24 March 1949
on the publication and dissemination of books, music and other non-periodic publications.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Books, music and other non-periodic publications.
(1) Books, music and other non-periodic publications under this Act are all copies of works of literary, musical, artistic and photographic works, intended for enlargement, not looking at their scope, purpose or degree of value. However, publications which are published regularly or irregularly at periods of at least one year and works shall be considered as non-periodic publications, if they form part of the content.
(2) The provisions of this Act do not apply to copies of:
(a) cinema;
(b) phonographic,
(c) serving electoral purposes, where their content is limited to the data needed to choose;
(d) serving the official needs of state or other public authorities within the limits of their official competence or internal or outlet needs of physical or legal persons (statutes of associations, organizational orders, corporate directives, circulars, formulas, price lists, programmes, notices, etc.), unless they have the character of literary or artistic works;
(e) serving social and family life (invitations, visitors, family announcements, etc.), unless they have the character of literary or artistic works.
Issue of non-periodic publications.
(1) Each year the Ministry of Information and Information sets out, on the basis of a proposal drawn up by the Central Editorial Council (Section 8), a plan for the publication of non-periodic publications and manages their publication. In doing so, if it comes to professional non-periodic publications, it is in agreement with the participating ministries.
(2) Publishers (Section 3) are obliged to follow the plan referred to in paragraph 1 in their publishing activities.
(1) The Ministry of Information and Information may, after hearing the Central Editorial Board and, if necessary, on the issue of non-periodical publications, issue non-periodical publications in agreement with the participating Ministry (hereinafter referred to as "publishing authorisations"):
1. State bodies, institutes, funds, undertakings and establishments,
2. political parties represented in the National Assembly;
3. unified trade union organisation,
4. cultural, economic, interest, social and physical organisations;
5. national and municipal enterprises, as well as undertakings authorised to conduct foreign trade and international shipping;
6. to cooperatives and associations which, according to the statutes, may distribute the works in § 1, paragraph 1 above.
(2) The publishing authorisation may cover all non-periodic publications or only some, in which case a special authorisation of the Ministry of Information and Information is required to establish the publishing undertaking.
Expanding non-periodic publications.
The Ministry of Information and Information manages the expansion of non-periodic publications of domestic and foreign origin.
(1) In the future, the Regional National Committee may authorise the dissemination of non-periodic publications (hereinafter referred to as "enlargement authorisations') only to legal or physical persons under other provisions.
(2) A person who has been granted a publishing authorisation (§ 3 (1)) is entitled to the distribution of non-periodic publications issued by him.
With regard to physical persons, only Czechoslovak citizens who have reached 21 years of age can acquire the distribution authorisation, are not excluded from the entry into permanent electoral lists and have competence for proper exercise of the authorisation. In granting authorisations, account shall always be taken of local cultural and economic needs.
In order to expand non-periodic publications of cultural political content and to expand textbooks, school texts and other school non-periodic publications under this law, approved by the Minister for Education, Science and Art, no authorisation for enlargement is required (§ 5). The Ministry of Information and Information will determine which non-periodic publications are considered to be publications of cultural political content.
Central Editorial Board.
(1) The Minister of Information and Information will set up a Central Editorial Council, consisting of the National Editorial Council of the Czech Ministry of Information and Information and the National Editorial Council of the Slovak Ministry of Information and Information, such as the Informative and Advisory Councils on Non-Periodic Publications.
(2) The rules on the organisation, negotiation and resolution of the Central Editorial Board and its national components shall be adapted to the rules of organisation and procedure to be issued by the Ministry of Information and Information.
Transitional provisions.
The authorities, organisations and legal persons referred to in Article 3 (1), which have so far been authorised to publish non-periodic publications, may request, within 15 days of the date of the entry into force of the Law granting the authorisation (§ 3), otherwise their authorisations shall cease. They may continue to issue and operate the publishing firm in accordance with the provisions of this Act, within the limits of the prior authorisation of the non-periodic publication. Other authorisations for the issue of non-periodic publications and for the operation of publishing firms (publishing houses) under the Trade Code (Trade Code) or other provisions shall cease to exist.
Special provisions.
(1) The Ministry of Information and Information may impose on persons whose publishing or distribution authorisation has expired to report to them all the items which have served or have been intended to operate the enterprise, in particular the stocks of books, paper and other material, the persons who had the publishing authorisation, may also require them to report their publishing contracts.
(2) The Ministry of Information and Information may take appropriate measures to the parties to the notified cases and contracts, in particular by prohibiting the beneficiary from handling them either at all or in a certain manner and by ensuring that they are left to others.
(3) Where the Ministry of Information and Information has ordered the publishing contract to be transferred to a person who has a publishing authorisation under this Act, the transferee enters into the rights and obligations of such a contract with the contracting authority and is obliged to provide the former with a reasonable compensation for the costs incurred by him from the performance of the contract and is not compensated by the benefit which he has received from the performance of the contract.
(4) Where the Ministry of Information and Information has ordered that items which have served or were intended for the operation of an undertaking be left to another person, the acquirer shall be obliged to give the eligible compensation to the extent of the applicable price regulations, but not more than the purchase price.
(5) Unless otherwise provided for in paragraphs 3 and 4, the measure of the Ministry of Information and Information referred to in paragraph 2 shall not give rise to entitlement to compensation.
Criminal provisions.
(1) Those who are not authorised under this law to issue non-periodic publications shall be punished, if not more severely punishable, for an administrative offence by imprisonment within 6 months or by a fine of up to 100,000 Ccs, or both. In the event of non-compliance with the fine, a replacement prison sentence shall be imposed in accordance with the rate of guilt within 6 months. 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 6 months for an impenetrable fine.
(2) Those who are not entitled under this law to extend non-periodic publications or who act against a measure issued pursuant to § § § 2, 4 or 10 shall be punished, not more strictly criminal, for an administrative offence of up to 50.000 CZK. In the event of non-compliance with the fine, a replacement prison sentence shall be imposed in accordance with the rate of guilt within 3 months.
(3) According to the provisions of the preceding paragraphs, the person who makes or supports the negotiations referred to therein shall also be punished.
(4) The District National Committee shall make a criminal finding that non-periodic publications, published or disseminated by the perpetrator, shall be forfeited to the benefit of the State unless they have been acquired by third parties in good faith.
(5) The Regional National Committee may also, in a criminal offence, declare the termination of the publishing or enlargement authorisation, even if the person who is entitled under the law, statutes or contracts to represent the legal person has been convicted of an offence under this law.
Final provisions.
It shall remain without prejudice to the provisions under which other authorities or bodies exercise jurisdiction in matters of non-periodic publications, in particular as regards public security and morality, public peace and order, as well as in matters of criminal law.
The Act of 10 July 1933, No 126 Coll., amending and supplementing the laws of the press, is amended and supplemented as follows:
1. Paragraph 1 (1) reads as follows:
"(1) The difference between forms or the sale of the house from the house, in public places and in public rooms is permitted."
2. Paragraph 1 (3) reads as follows:
"(3) Colporate forms which are not accompanied by mandatory data (§ 9 by. press., § 5 by. press.) shall be prohibited."
The publication and dissemination of non-periodic publications are not subject to the provisions of § 56, § 4 and § 5 of the Trade Code, § 72, § 4 and § 5 of the Trade Code, § 3 and § 4 of the Press Act of 17 December 1862, § 6 of 1863, § 3, § 3 to 5 of the Act No. 126 / 1933 Coll. and the regulations on restrictions in trade and other profitable business.
This Act shall take effect on the day of its publication; It shall be carried out by the Minister of Information and Information in agreement with participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Kopecký v. r.
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Regulation Information
| Citation | Act No. 94 / 1949 Coll., on the Issue and Expansion of Books, Museums and Other Non-Periodic Publications |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.04.1949 |
|---|---|
| Effective from | 10.04.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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