432.30 Federal Act in the museums and collections of Confederation * 1 (law on museums and collections, CML) June 12, 2009 (Status January 1, 2010) the Federal Assembly of the Swiss Confederation, view of art. 69, al. 2, of the Constitution, given the message of the federal Council of 21 September 2007, stop: Chapter 1 provisions general art. 1 purpose this law regulates the tasks and the Organization of museums and collections of the Confederation.
Art. 2 goals the Confederation aims to include: a. safeguard movable cultural property important of the Switzerland; (b) raise awareness of the cultures of the Switzerland; c. provide the museums and collections of Confederation of a strong identity; d. improve collaboration within the Swiss Museum landscape; e. support specialized to other museums and collections of the Switzerland; f. contribute through museums and collections of the Confederation to the attractiveness of Switzerland as a place of training and research, places economic and tourist destination.
Art. 3 definitions for the purposes of this Act, means: a. Museum of the Confederacy: all Museum attached, organizationally, to the central federal administration or decentralised federal administration; b. collection of Confederation: any set of movable cultural property belonging to the Confederation or a decentralized federal administration unit.
Chapter 2 tasks of museums and collections of the Confederation art. 4. the museums and collections of the Confederation have to tasks: a. keep the memory material and immaterial of the country, in collaboration with other museums and collections in Switzerland; b. to develop concepts of collection, to coordinate among themselves and with those of other museums and collections in Switzerland; c. to search on the objects; d. to present to the population of the themes related to the company cultures and Swiss identity, including through exhibitions and publications; e. encourage public access to culture; f. to offer their services to other museums and collections in Switzerland; g. to promote the museum studies.
The federal Council specifies the tasks of museums attached to the decentralized federal administration and collections belonging to a unit of the decentralized federal administration.
The federal Office of culture says the museums attached to the central federal administration tasks and collections belonging to the Federal Government, together with the administrative unit concerned.
Chapter 3 Museum national Switzerland Section 1 legal form and areas of activity art. 5 legal form the Swiss national museum (MNS) is an institution under public law, with legal personality.
He decides upon its organization and its own accounting.
Art. 6 composition the MNS includes: a. the national museum in Zurich; (b) the castle of Prangins; c. the Forum of Swiss history in Schwyz; d. Affoltern am Albis collections Center.
Art. 7 tasks the MNS fulfills the tasks referred to in art. 4 in the field of the history of culture. This mission includes the following tasks: a. presenting the history of the Switzerland; b. studying the identity of the Switzerland; c. advise and support other museums and collections in Switzerland.
Art. 8 commercial activities the MNS may provide commercial services to third parties or grant them rights against compensation, as far as this is closely linked to the performance of its tasks and not interfere there.
It may in particular: a. provide services to museums or similar institutions; b. manage additional farms or entrust the management to third parties; c. make available third of cultural objects, buildings or land or grant them rights to these.
Business activities must be charged at the market price and the accounting must be designed in such a way that the costs and revenues of each business activity appear. The subsidisation of commercial activities is prohibited.
In its commercial activities, the MNS is subject to the same rules as private providers.
Art. 9 reports of law insofar as this Act has not otherwise, the legal relations of the MNS are subject to private law.
Section 2 organs and staff art. 10 organs the organs of the MNS are: a. the Museum Board b. Management; c. the Auditors.
The Museum and Executive Council members represent the interests of the MNS. Involved in a conflict of interest shall recuse themselves. A sustainable conflict of interest excludes all belonging to the Museum Board or management.
Art. 11 Museum the Museum Board Board consists of seven to nine members qualified.
The federal Council appoints the Chair and the other members of the Board of the Museum for a term of four years. Adequate representation of the regions language is ensured. Each Member may be re-elected once.
The federal Council may, for important reasons, revoke the members of the Board of the Museum.
The Board of the Museum: a. ensures the implementation of the strategic objectives and report on their implementation to the federal Council; b. adopt the budget; c. adopt the activity report and publish it once it has been approved by the federal Council; d. appoints the Director, subject to the approval of the federal Council; e. appoints the other members of the Executive on the proposal of the Director; f. controls management; g. enacts the staff rules , subject to the approval of the federal Council; h. enacts the organisational regulations.
Art. 12 executive management is the operational body. It fulfils tasks that are not assigned to another body.
The Director chairs the direction. Its tasks are the following: a. be responsible for the operational management of the MNS; b. engage the MNS staff; c. represent the MNS.
The organisational regulations lay down the procedure.
Art. 13 auditor the auditor is appointed by the federal Council.
The art. 727 to 731a of the code of obligations apply by analogy to the mission, to the position, qualifications, independence, the term of office and the reporting system of the Auditors, subject to para. 3. the Auditors to the Museum Board and the federal Council a report on the outcome of its audit.
The federal Council may, for important reasons, revoke the Auditors.
RS 220 art. 14 staff work of the staff of the MNS reports are governed by the law of 24 March 2000 on the staff of the Confederation.
The staff of the MNS is insured by the Federal Pension Fund (PUBLICA).
RS 172.220.1 Section 3 objects of collection and land art. 15 collectibles the Confederation assigns to the MNS usufruct of collection objects which belong to him and which are managed by the SWISS MUSEUM group at the time of the entry into force of this Act, and the usufruct of intangible rights. Are reserved collection objects that fall within the Museum of music automatons.
The Confederation can be attributed to the MNS usufruct of other collectibles and other immaterial rights.
All new collection object acquired by the MNS is property of the Federal Government by law. The MNS receives these objects and intangible rights in usufruct.
As a general rule, the MNS does not provide objects of collection of Confederation entrusted. The Confederation may provide coverage of risks for the collectibles that itself or third parties have entrusted to the MNS.
Details of the usufruct and the coverage of risks are regulated in a contract under public law entered into between the Confederation and the MNS.
Art. 16 land the Confederation assigns to the MNS, the usufruct of the land used by museums and collections Centre referred to in art. 6. these lands remain property of the Confederation and are maintained by it.
Confederation a count to the MNS compensation appropriate to the use of the land.
The constitution of the usufruct and modalities of the use of the land are set in a contract under public law entered into between the Confederation and the MNS.
Section 4 finance art. 17 funding the MNS has a multi-year spending ceiling. The Confederation grants the minutes from the annual appropriations.
The MNS procures funds further, including by: a. the Museum operations revenues; (b) the product commercial services and granting of rights; c. the sponsoring product; d. the contributions of the cantons and the communes in which are the museums and collections referred to in art. 6; e. third party donations.
Art. 18 cash the Federal Finance Administration manages the liquidity of the MNS as part of the Central Treasury.
She lends to the MNS to the market conditions to ensure payments necessary to the performance of its duties under the terms of art. 7. details are regulated in a contract under public law entered into between the Confederation and the MNS.
Art. 19 presentation of the accounts of the MNS are established so as to present the actual state of fortune, finance and revenue.
They are based on the principles of materiality, of clarity, continuity and the gross presentation, and are based on generally accepted standards.
Registration on the balance sheet and assessment arising from the principles of accounting rules must be published.
The federal Council may issue provisions on the presentation of the accounts.
Art. 20 taxes in non-commercial activities, the MNS is exempt from any tax of the Confederation, cantons and communes.
Are reserved the following federal taxes: a. tax on value added; b. the tax prepayment; c. stamp duty.
The profits made by the MNS in commercial activities (art. 8) are taxable.
Section 5 Protection of federal interest art. 21 monitoring the MNS is subject to monitoring by the federal Council.
The federal Council exercises oversight including by naming the Museum Board, in approving its activity report and giving her discharge.
Art. 22 strategic objectives every four years, the federal Council sets the strategic objectives of the MNS. It ensures that the Museum Board is heard in advance.
Annually, it controls the realization of strategic objectives based on the report of the Board of the Museum and other potential clarifications.
Chapter 4 other museums and collections of the Confederation art. 23 tasks other museums and collections of Confederation perform the tasks referred to in art. 4 the areas that are not covered by the MNS.
Art. 24 transfer to third parties and management by a third the federal Council may assign to third parties of the museums attached to the central federal administration and collections belonging to the Confederation, or transfer the management to third parties.
Art 25 of the Museum it is creates a special Fund (Fund of the Museum) within the meaning of art. 52 of the Act of October 7, 2005 on finance, to finance the tasks of museums directly managed by the Confederation.
The Museum Fund including by: a. the contributions of the cantons and the communes in which are the museums and collections referred to in the present chapter; b. donations from third parties; (c) revenues from tickets and commercial benefits; d. revenues from the sale of objects from collections.
The federal Council determines by order the area of application of this article and the management of the Fund. It defines the principles of investment and other terms governing power and the flow of the funds of the Museum.
RS 611.0 Chapter 5 provisions final art. 26 repeal of the law in force are repealed: a. the Federal law of June 27, 1890, concerning the creation of a Swiss national museum; b. the federal decree of 5 March 1970 concerning the credit for the acquisition of National Antiquities.
[RS 11 636; 1973-929, 1985 152 RO] [RO 1970 1033, 1987 32] art. 27 change of the law in force the Federal law of December 16, 1994 on public procurement is changed as follows: art. 2, al. 1, let. f
RS 172.056.1. The below change is inserted in the Act.
Art. 28 creation of the MNS the federal Council sets the date at which the MNS acquires legal personality and is subrogated to the museums and collections Centre referred to in art. 6. the MNS takes reports of existing law and revise them if necessary.
The federal Council takes the following measures regarding the transfer of the values, rights and obligations to the MNS and the beginning of its activities: a. he fixed the date of the notification of registration in the land register of the usufruct referred to in art. 16, al. 1; registration is free of taxes and fees; b. it approves the inventory of the collection objects that fall within the Museum of music of Seewen under contractual provisions or for thematic reasons, or even which are kept for many years.
It also takes the following measures: a. it transfers to the MNS resources of the special fund of the SWISS MUSEUM Group; (b) approves the opening balance sheet of the MNS; c. it shall fix the date from which the other rights and obligations in relation to the MNS have the force of law.
Art. 29 transfer of reports of work reports of the employees of the museums and collections Centre referred to in art. 6, are picked up by the MNS to the date where it acquires legal personality.
Art. 30 employer competent the MNS is the competent employer for pension beneficiaries who meet the following conditions: a. they report administratively to the museums and collections of the SWISS Group MUSEUM Centre; b. their AHV pension began to be paid by PUBLICATION before the entry into force of this Act.
The Minutes shall also be competent employer where a disability pension starts after the entry into force of this Act while the inability to work at the source of the disability occurred at an earlier date.
Art. 31 referendum and entry into force the present law is subject to the referendum.
The federal Council shall determine the date of entry into force.
Date of entry into force: art. 9 to 14, 15, al. 5, 16, al. 3, 18, al. 3, 19 to 22 and 28: 19 October 2009. all other provisions: January 1, 2010 OR 2009 5113 * terms for individuals apply to women and men.
RS 101 FF 2007 6437 O Sept. 30. 2009 (RS 432.301) O Dec. 4. 2009 (RO 2009 6427) State on January 1, 2010