Decree of the Ministry of the Interior of the Czech Socialist Republic No. 96 / 1972 Coll.
Decree of the Ministry of Interior of the Czech Socialist Republic on company archives
Valid
Effective from 01.01.1973
96
DECLARATION
Ministry of Interior of the Czech Socialist Republic
of 30 November 1972
on company archives
The Ministry of Interior of the Czech Socialist Republic provides in the agreement with the Czechoslovak Academy of Sciences and the Ministry of Culture of the Czech Socialist Republic according to § 11 paragraph 1 of Government Decree No. 29 / 1954 Coll., on archiving:
Basic provisions
The organisations designated by this decree shall concentrate archive material in the company archives, i.e. written, visual, sound and other records of permanent documentary value arising from, or closely related to, the activities of the organisations and their legal predecessors, and shall be relevant to historical or political, cultural and economic (hereinafter referred to as "archives'), classified according to the rules on disposal (shredding) and after the deadlines laid down by specific regulations. *)
Organisations shall take care of archivaly in general, in particular as regards their concentration on permanent storage, their protection, registration, making available and use for economic, technical, political and cultural education and scientific purposes, as well as ensuring compliance with the rules on file records and the disposal of (shredding) documents. To do that, they set up corporate archives.
Establishment and management of business archives
(1) Business archives shall be established by the following organisations:
(a) centrally managed state economic organisations;
(b) centrally managed budgetary and contribution organisations where they carry out economic tasks;
(c) money and insurance organisations; and
(d) production and consumer cooperatives and cooperatives established by higher cooperative organisations.
(2) The Ministry of the Interior may, after consulting the organisation referred to in the previous paragraph (hereinafter referred to as the "organisation"), provide that, for reasons of efficiency, it is to store archives in the State Archives, or in the Regional Archives or in the Archive of the City of Prague, the Archive of the City of Brno, the Archive of Ostrava, the Archive of the City of Pilsen (hereinafter referred to as the "archive of the National Committee").
The organisation may set up a branch of its company archive for its lower organisational component, if an urgent need so requires, in particular taking into account the importance of archives for the activities of the lower organisational component or taking into account its distance from the company archive.
Organisations may conclude with a written agreement that archives will be stored in a common archive (a joint company archive) to be set up with one of them. The Agreement requires, for its validity, the approval of the Ministry of Interior to discuss the matter with the authorities of the superior organisations.
An organisation that has set up a company archive (its branch) as well as an organisation with which a joint enterprise archive is set up shall be required to manage the archive, i.e. to provide its activities in a personal, financial, material technical and investment way, and to provide it with all-round assistance in the development of the activity, in particular in such a way that the archive is effectively located and properly equipped for professional work with archives. The head (Director) of the organisation shall be responsible for establishing and managing the archive.
The costs associated with the establishment and management of the company archive (its branches) shall be borne by the organisation which set it up. If it is a joint enterprise archive, these costs shall be borne by the organisation for which it is established in the proportion agreed between them.
Disposal of documents in organisations and storage of archives in company archives
(1) The organisation is required to submit proposals for the elimination of written, visual, sound and other records (hereinafter referred to as "documents") to the State Archives in the region where it is located or to the Ministry of the Interior, if they so reserve. The organisation may surrender the discarded documents for destruction only after approval of the proposal.
(2) Collective raw materials undertakings or undertakings carrying out the industrial destruction of documents may not take over the excluded documents without the written confirmation of the competent authority referred to in the preceding paragraph that the documents may be destroyed.
(1) The archives in the company archives are separately recorded and stored separately from the documents in the files * *) and the accounting archives. * * *)
(2) Archives are stored in premises where they are secured before loss, theft, damage or destruction. †)
(1) In the company archives the archives shall remain stored for at least 30 years from the delivery of the archives to the company archive. At the end of this period, they shall be handed over by the organisations according to the Ministry of Interior guidelines to the relevant State Archives, which shall distribute the file of archives and, where appropriate, transmit some to the archives of the National Committees. The method and detailed conditions of surrender and reception of archives shall be determined by the state archives.
(2) The costs associated with the submission of archives to the State Archives shall be borne by the organisation from its own resources.
(3) The Ministry of the Interior will designate organisations in whose duly equipped company archives the archives will remain in permanent archival care.
(1) If the organisation managing the farm archive is cancelled and has no legal successor, the Ministry of the Interior shall, after consultation with the authority which ordered the cancellation of the organisation or, where appropriate, the cancelled organisation, manage the state archive or the archive of the national committee, the archives from the company archive will be stored.
(2) If the organisation is divided, the company archive will also be decided upon when deleveraging. The decision requires the approval of the Ministry of Interior.
Management of company archives
(1) The manager (Director) of the organisation shall entrust the management of the farm archive to a worker of an organisation eligible for professional archiving work (hereinafter referred to as the "company archivist"), who shall also direct the activities of subordinate staff of the company archive (its branches).
(2) The function of a company archivist may only exceptionally be linked to another activity in the organisation and only if it would not make it difficult to carry out all the work related to the management of the company archive.
(1) The company archivist is responsible for the correct storage, clarity and processing of archives. In particular, he shall:
(a) to concentrate, process and make archives available, allow consultation of them within the limits of the applicable guidelines of the Ministry of the Interior, organise their use and keep records of the lending and return of individual archives;
b) keep records of part of the Single Archive Fund of the Czech Socialist Republic, stored in the company archive, ensure the security of archives stored in the company archive before loss, theft, damage, destruction or abuse and ensure their preservation.
(2) The company archivist is obliged to supervise compliance with the rules on file records and the elimination (shredding) of documents in the organisation and in their organisational components.
(3) The company archivist shall, in his professional activity, comply with the regulations of the Ministry of Interior, *) or with the regulations of the superior central authority.
Tasks of superior bodies
In their field of competence for organisations, central authorities issue standard file and shredding directives after consulting the Ministry of the Interior.
The bodies directly superior to the organisations shall supervise compliance with the rules on the establishment and management of company archives, as well as the proper registration of all sets of documents in the organisations' files. These authorities may entrust their worker with the control of the activities of the company archives (branch archivist), which is governed by the Ministry of Interior regulations on professional matters.
Supervision of the Ministry of Interior
(1) The Ministry of the Interior oversees the implementation of the legislation governing the activities of the company archives and proposes measures to the competent authorities to address the deficiencies identified. Such supervision may be carried out through state archives in the regions or, where appropriate, the archives of national committees.
(2) Authorised officials of the Ministry of Interior and State Archives in the regions and, where appropriate, authorised personnel of the archives of the national committees, where they exercise supervision in accordance with the provisions of the preceding paragraph, are entitled to enter the premises where they are located for the purpose of checking the state of the company archives and files.
Transitional and final provisions
(1) The organisation shall establish a business archive no later than five years after its establishment; However, if, in whole or in part, the archives of its legal predecessor are carried out, they shall set up a company archive at the same time.
(2) If an organisation which is not referred to in Paragraph 3 (1) has established a company archive before the beginning of the validity of this decree, it may continue to manage it if it receives the agreement of the Ministry of the Interior, which it shall apply for within 6 months from the date of the entry into force of this decree.
(3) However, if the organisation referred to in paragraph 2 does not intend to further manage or refuse the necessary approval of the company, it shall store in the company archive concentrated archives in the national archive or, where appropriate, in the national committee archive, * *) within a time limit specified by the relevant archive. This archive will also determine the manner and conditions of submission and reception of archives. The costs associated with the submission of archives to the relevant archive shall be reimbursed by that organisation from its own resources.
Decree No. 153 / 1956 of the Ministry of the Interior of the Ú. l., on the archives of economic and budgetary organisations, as amended by Decree No. 38 / 1966 Coll.
This Decree shall take effect on 1 January 1973.
Minister:
Ing. Jung v. r.
*) Decree No 62 / 1953 of the Ministry of the Interior of the Ú. l., on principles for the elimination of documents; Decree of the Government of the Czechoslovak Socialist Republic No. 153 / 1971 Coll., on the Information System of Organisations, etc. The archives classified from the accounting archives after the preservation of the documents of the information system in these archives (§ 44 of the Government of CSSR No. 153 / 1971 Coll.), as well as archives from the files of technical, photographic and film material, also include seals and stamps. This also includes archives classified from classified documents, the classification of which has been deleted pursuant to Nos 9 and 92 of the Federal Ministry of the Interior Directives of 23 December 1971, namely SKU-207 / 1971, for the handling and transport of written and other material containing facts forming the subject of state, economic and professional secrecy.
*) Decree No 62 / 1953 of the Ministry of the Interior of the Ú. l., on principles for the elimination of documents; Decree of the Government of the Czechoslovak Socialist Republic No. 153 / 1971 Coll., on the Information System of Organisations.
* *) No 78 of the Directives of the Federal Ministry of Interior of 23 December 1971, namely SKU-207 / 1971 for the handling and transport of written and other materials containing facts forming the subject of state, economic and professional secrecy.
* * *) § 39 et seq. of Decree of the Government of the Czech Republic No. 153 / 1971 Coll.
†) Directive of the Ministry of the Interior of 13 January 1972, No 3 Ú. v. ČSR, 1972, on the protection of archives stored in the Czech Socialist Republic (reg. 7 Collection of Acts of 1972).
*) For example, by the Directives of the Ministry of the Interior of 1 October 1965, i.e. SV-1107 / 40-65 on inspection of documents stored in archives and files, etc.
* *) Directive of the Ministry of the Interior of 17 January 1964, No 3 Coll. NV of 1964, on the storage of archival material in state archives and archives of national committees (reg. 25 Collection of Laws of 1964).
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Regulation Information
| Citation | Decree of the Ministry of Interior of the Czech Socialist Republic No. 96 / 1972 Coll., on company archives |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.12.1972 |
|---|---|
| Effective from | 01.01.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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