What is Decree No. 117 / 1964 Coll.?

Decree of the Ministry of Finance No. 117 / 1964 Coll., on the Administration of National Property — Decree of the Ministry of Finance on National Property Management.

When it became Decree No. 117 / 1964 Coll. effectiveness?

Decree No. 117 / 1964 Coll. became effective 01.07.1964.

Is Decree No. 117 / 1964 Coll. still valid?

Yes, Decree No. 117 / 1964 Coll. is still valid and effective.

Decree No. 117 / 1964 Coll. - Decree of the Ministry of Finance on Nat...

117

DECLARATION

Ministry of Finance

of 12 June 1964

on the management of national property

In agreement with all central authorities, the Ministry of Finance provides, pursuant to § 391 (2) of the Economic Code No. 109 / 1964 Coll. (hereinafter "the Code"):

ČÁST PRVNÍ

§ 1

Subject matter and scope of the adjustment

(1) This decree regulates the management of national assets by state socialist organisations and the treatment of claims and rights of state socialist organisations ("organisations').

(2) The national property is all state-owned socialist property (tangible national property) and all claims and other property rights of the State.

ČÁST DRUHÁ

Díl I

MANAGEMENT OF HUMAN NATIONAL PROPERTY

Management competence

§ 2

(1) Only state socialist economic and budgetary organisations are entitled to manage national assets. State socialist organisations other than budget or economic organisations are entitled to administration only if they can acquire rights on their behalf and commit themselves (Section 62 of the Code).

(2) National property is managed in principle by an organisation which is entrusted with tasks for which the assets are wholly or principally used. Where several organisations use the immovable national property, it shall be deemed to serve mainly the organisation which uses the largest part of it in relation to other organisations. The authorities in whose jurisdiction it is to remove disputes concerning jurisdiction in the management of national assets (Section 65 (2) of the Code) may, for serious reasons, in particular economic reasons, agree to derogate from these principles.

(3) Where an organisation in the administration has national assets used wholly or mainly by another organisation, both organisations are required to ensure without delay that such assets are transferred to the administration of that organisation which uses national assets wholly or principally. The fulfilment of this obligation, whether it is a handover or a takeover of the administration, cannot be denied in particular because the state of the property requires general repairs or higher costs of routine repair and maintenance, that the property does not fully satisfy the organisation using it or that the management organisation will need the property in the future. The fulfilment of this obligation cannot be denied either because a temporary use of national assets has been concluded between the organisations (§ 15) if it is found during the contractual period of use that the organisation managing such assets does not need it to carry out its tasks and will not need it shortly after the agreed use.

(4) The National Committee may also have real-estate national assets in the administration, which do not serve the performance of its tasks if they cannot be used by other organisations. In particular, it may have, where appropriate, an organisation controlled and designated by it, in the management of houses which are not residential, but which are intended to be used in part or in full by more socialist organisations for the performance of their tasks and are actually used by more than one organisation, or where the floor area of their residential area is at least one third of the total use area of the building.

(5) Specific provisions apply to the interim management of national assets referred to in Paragraph 65 (3) of the Code. *)

§ 3

The organisation must agree in writing which of them will be under management before the construction begins if the organisations pool the means to build the equipment they use together. As a rule, it will be an organisation that can best perform the tasks for which the installation has been built, or an organisation that will mainly contribute to its construction.

§ 4

(1) If the organisation places the assets under management into use (surrender to permanent use, transfer to temporary use, assignment to personal use), it is obliged to ascertain whether the property is used in a specified manner (§ 15 to 17).

(2) An organisation managing national assets may entrust certain administrative tasks to a subordinate organisation (e.g. to maintain or implement measures resulting from its normal use) if this achieves better performance of tasks or reduced costs. This measure is without prejudice to the responsibility of the organisation for the management of this property.

§ 5

Types of tangible national property

(1) Tangible national assets constitute basic assets, stocks and other items.

(2) The basic means are those which are intended to serve the organisation in the long term for the performance of its tasks and the value of which * *) is at least 600 Ccs and are not those referred to in paragraphs 3 and 4. The basic means are in particular buildings, buildings, power-driven machinery and equipment, working machinery and equipment, equipment, means of transport, inventory. Without regard to value, the basic means are land (even built) and agricultural machinery (not hand-held) for plant production.

(3) Stocks include items that are consumed in the performance of the organisation's tasks (e.g. basic material, auxiliary material, fuel), items that are generated by the performance of the organisation's tasks (e.g. products, unfinished production, prototypes) and items that are the subject of the organisation's tasks (e.g. stocks of commercial goods). In addition, all animals, small and short-term objects, packaging, spare parts, exchange facilities, temporary experimental equipment acquired or remaining in connection with the resolution of science and technology tasks are included.

Small and short-term objects are things that are not used at the same time, and

(a) the value of which is less than 600 CZK per item without regard to the period of fitness (small items);

(b) whose fitness period is less than 1 year without regard to their value (short-term articles);

(c) which are only used for the manufacture of a particular contract, series or type of product without account being taken of their value (special tools and preparations) and are not permanent accessories to the basic device;

(d) which are used as working clothes, work shoes and bedclothes, irrespective of their value and the time of fitness.

(4) In addition to the basic resources and stocks, material national assets include other items, such as unfinished investments, library collections of single system libraries, cultural monuments and museum items in museums, galleries and monuments, teaching aids for visual instruction, still exhibition files, as well as other collections which cannot be fully valued according to the accounting rules (other tangible national assets).

(5) Individual central authorities in their field of competence as required

(a) may, for individual types of goods, lower the threshold laid down for basic appropriations (paragraph 2) below 600 Ccs, or, where appropriate, increase that threshold above 600 Ccs, where appropriate, if appropriate, so that items of the same species or group are always included in basic funds or in small and short-term articles;

(b) define, where appropriate, which items are special instruments and preparations, replacement devices, working clothes, shoes and bedding.

(6) The Ministry of Agriculture, Forestry and Water shall, in agreement with the Ministry of Finance and the competent central authorities, determine when they belong to the basic means of hop, vineyard, fruit and agromeleration crops, windmills and melioratory work.

(7) Specific regulations apply to the classification of construction site facilities as national property. *)

§ 6

National property records

(1) In particular, proper management and protection of national assets requires that, according to special regulations * *, it is established, written down, valued and normally kept in the prescribed register.

(2) The organisation is required to monitor, in particular in the course of inventories, whether the national property conforms to the registration in terms of actual quantity, type and condition. Specific rules apply to the reconciliation of the state of national assets according to the facts of the register. * *)

(3) Organisations are responsible for the proper identification and limitation of land, in particular where the boundaries between immovable national property and other immovable property are questionable or questionable.

(4) As owner of immovable national property, the Czechoslovak State shall be entered in the real estate register with an indication of the organisation which manages the property. The organisation shall notify the property manager of the change in ownership or property management within 60 days of its acquisition to the property manager and provide him with supporting documents for the recording of changes in that property. * * *)

§ 7

Protection of national property

(1) Organisations are required to carry out all necessary measures (in particular organisational, security and fire-fighting) consistently and consistently according to the type of property and the degree of threat, in order to prevent damage, destruction, loss or abuse. The organisation is obliged to use all legal means, in particular to seek the protection of the State's property right against unauthorised interference, †) to exercise the right to compensation, to provide them before limitation or termination and to initiate prosecution. The organisation shall exercise the right to compensation also against those who have co-caused damage by deliberately or negligently failing to fulfil the obligations to prevent and avert damage. If a criminal offence is suspected, the organisation shall notify the prosecutor or public security authority of the case. When guilty of national property, he shall propose a hearing with the competent local People's Court † †) or the National Committee, † †) if necessary proceed to disciplinary action. † † †)

(2) The central authorities shall determine, as appropriate, what measures are necessary and, where appropriate, appropriate for the protection of national property, given its nature, function and potential for threats. In the field of State reserves, such measures shall be issued by the Administration of State tangible reserves in accordance with the special rules in agreement with the competent central authorities.

Maintenance, routine and general repairs and investments

§ 8

(1) In particular, if national property is to serve its social mission as best as possible, the organisation should ensure that the nature of national property is preserved by continuous monitoring and control, maintenance and timely, regular and economical implementation of the repairs. When making repairs, they shall proceed in a planned manner so that the repairs are gradually given according to their urgency and as cost-effective as possible.

(2) When managing national assets, the organisation should ensure that national assets are not only properly and economically maintained, but also enhanced. In particular, national committees of all stages are to make the most of local material resources and to acquire and organise the population for the most effective voluntary building cooperation; while ensuring that it is handled with the highest economy and, where possible, with a focus on the creation of new social resources.

§ 9

(1) Maintenance is common, regular treatment and care of national property in order to remain in a state of normal operation or use.

(2) Common repairs (service, medium) are removed by partial wear, defects, functional or visual defects. During normal repair, the replacement of certain parts of machinery and equipment which have been worn out has been damaged or which would become useless before the next repair; the whole machine is generally not disassembled. For buildings and buildings, minor repairs and modifications to buildings or parts of buildings shall be included in normal repairs.

(3) The general correction removes the effects of wear or damage to essential resources and, in accordance with scientific and technical progress, restores and, where possible, increases their usefulness, such as performance and other technical characteristics. The knowledge of the new technique should be applied, in particular as regards repair technology, material selection, component standardisation, measuring equipment and other accessories. The general correction shall, as a general rule, be carried out on a single basic device.

(4) Where, at the same time as the general correction, repair operations are carried out on the same basic device, which are otherwise of the nature of normal repairs, they shall be included in the total volume of general corrections if they are directly related to the general repair, in particular if they are caused by it.

(5) General repairs are carried out in cycles (with the exception of general repairs which eliminate damage caused by incidents). *) The cycle between two overhauls is more than 1 year and, for basic devices for which fitness is determined according to power units, is longer than the period corresponding to normal annual average power. The central authorities and the Regional National Committees may, on a case-by-case basis, grant an exemption to organisations in their field of competence.

(6) During the general repair of machines and equipment, more parts or essential components are exchanged or repaired. The replacement or repair of only individual parts of the machine or device is not a general repair.

(7) The general correction should not be more expensive than the acquisition of a new basic device. When repairing machinery and equipment, especially old and inefficient, care should be taken to ensure that overhauls are not carried out if new machinery and equipment are economically advantageous.

(8) General repair of machinery may also be carried out by exchange; between the organisation and the repair plant there is an exchange of a machine requiring general repair for another already repaired or new machine of the same type and, as a general rule, for the same type.

(9) During the general repair of buildings and buildings, their essential parts (components) shall be replaced.

(10) When overhauls are made, if economically justified, it is possible to upgrade the basic funds increasing their cost. The implementation of modernization must not be at the expense of the care of essential resources, which is secured by general repairs, aimed solely at eliminating the effects of wear. The increase in the purchase value of basic funds should be reflected in the accounting records.

(11) General corrections are not in particular:

(a) the arrangements for the creation of new basic means;

(b) adjustments to increase the purchase value of the basic device (except in the cases referred to in paragraph 10);

(c) adjustments to the existing functions and purpose for the basic means, where this change is linked to structural changes; for buildings and buildings, it is considered to be a change of purpose, for example, the conversion of basic production (as a whole) or essential parts thereof into non-production and vice versa;

(d) replacement of machinery, equipment, buildings or buildings constituting a separate inventory item by another object, unless it is a general repair carried out in accordance with paragraph 8;

(e) superstructures, superstructures, the setting-up of flats in soil areas and the complex reconstruction of basic equipment;

(f) the installation and improvement of the equipment of the basic funds, not of modernisation carried out in the framework of general repairs referred to in paragraph 10.

Such adjustments to basic funds are investments.

(12) The general repairs are not repairs of machinery and equipment with a cost of less than 600 CZK, and repairs and repairs of buildings and buildings with a cost of less than 2 000 CZK in a single operation, even if they are part of general repairs by nature. Such repairs or adjustments, if any, are routine repairs. In justified cases, the superior authority may reduce those amounts.

(13) Specific rules apply to the repair and investment of residential property, as well as to other basic means of the housing organisation of national committees. * *)

(14) An organisation which has a basic means of administration shall be required to take care of the implementation of general repairs which eliminate the consequences of the use of the basic device and, where appropriate, the implementation of investment adjustments to increase it. This is also the case if the conditions for the transfer of management are not met (Paragraph 2 (3)) and the basic means are put into temporary use by another organisation; if the temporary user, with the agreement of the organisation which has the basic device in administration, makes a general correction to remove the consequences of the wear or investment of the basic device itself, that organisation shall pay the costs incurred.

(15) However, a temporary user may agree in advance, if he wishes to make a general correction or investment on the underlying device used mainly for the purpose of his operation, with an organisation which has the basic means of administration, that he will pay the costs in full or in part within the framework of his plan and on his cargo and how the general repair or investment will be handled at the end of the temporary use.

§ 10

General corrections and investments carried out on assets other than national

(1) Save as otherwise provided in specific provisions *, the organisation may proceed to general repairs or investments in basic funds which are not national property only where it is not economically desirable for them to be acquired by the State, or where they cannot be obtained by decision of the competent authority, and the conditions set out in further provisions are fulfilled.

(2) The organisation may carry out a general correction of basic funds which are not national property and which are in use, in cases where, without it being implemented, national property or the operation of the undertaking would be at risk and cannot otherwise be prevented. However, if there is no other agreement with the owner, the organisation may make a general correction only to the extent to which the owner is obliged or authorised under the general rules. * *) The organisation shall seek compensation for costs incurred in due time for the owner of the basic device.

(3) The organisation may make investments in the essential resources used by them which are not national property only if economically necessary, the purpose pursued cannot be achieved by any other appropriate means; and

(a) where, by agreement with the owner of the basic device, a full recovery of the costs incurred is at least at the level of the asset benefit that the owner will have from the investment made at the time of end of use; or

(b) if the investment carried out does not benefit the owner of the basic vehicle and is fully used in view of the period of use agreed and under the agreement with the owner, the organisation will not be obliged to remove the investment after the end of use and to put the basic device into its original state.

(4) The Central Authorities and the Regional National Committees provide for organisations in their field of competence when and which the Authority authorises to carry out investments and general repairs on basic assets which are not national property.

(5) The provisions of the preceding paragraphs shall apply mutatis mutandis, unless otherwise provided for in the specific provisions, in cases where the organisation has only part of the immovable property which is not national property.

(6) General corrections to basic non-national assets

(a) economic organisations from sources which they collect in the fund for financing investments and general repairs. In favour of this Fund, amounts corresponding to the depreciation of basic funds which are not national assets shall be settled according to the same principles as if they were basic funds in the management of the organisation,

(b) budgetary organisations.

§ 11

Continued investment

(1) In order to write off the costs of investment construction on which work has been permanently discontinued and which cannot be used economically, it is necessary to:

(a) approval by the central authority, if the investment costs incurred do not exceed 200 000 CZK per object, * * *)

(b) approval by the Head of Central Authority in agreement with the Minister of Finance of costs exceeding CZK 200 000, not exceeding CZK 1 000 000 per object;

(c) the approval of the Government, if these costs exceed 1 000 000 CZK per object.

If the investor is a national committee or organisation subordinate to it, approval shall be required in the case referred to in point (a) of the Regional National Committee's Board, in the case referred to in point (b) of the Regional National Committee's Board in agreement with the Minister of Finance.

(2) The costs referred to in the preceding paragraph include installation costs and projects, even if the construction is not carried out at all.

(3) The property acquired from the investment construction on which the work has been permanently discontinued shall be treated as surplus national property (§ 13).

Surplus and unfit assets

§ 12

(1) The surplus is national property which the organisation does not need to carry out (or exceed) its plan or to carry out its tasks. A part of the property which exceeds the range appropriate to the tasks or needs of the organisation shall also be considered as surplus. Primary resources in the reserve and in the preservation are not considered to be surplus.

(2) The basic funds in the reserve are:

(a) basic funds which are intended to be exchanged for basic funds disposed of as a result of damage or repair (operational reserve);

(b) basic funds excluded temporarily from use which have a permanent production destination for the organisation (capacity and range reserve).

(3) The essential means of preservation shall be those which have been put into preservation by decision of the competent authority. If the preservation is not regulated by special regulations, *) it shall be decided by the competent central authority or the Regional National Committee for Organisations in its field of competence, with the approval of the Ministry of Finance.

(4) National property which, because of its complete wear or damage, is not in use, is clearly obsolete or clearly inefficient in operation or for other serious reasons, cannot serve its original purpose or purpose. Buildings and buildings which cannot be moved and which must be demolished or cancelled as a result of the planned construction, reconstruction or extension of the building shall also be considered as unfit essential resources; This includes buildings and buildings which, as decided by the building authority or other competent authority, are to be demolished, demolished or disposed of.

§ 13

Management of surplus national assets

(1) The head of the organisation or the staff member responsible for the management of the organisation shall decide in writing which national assets are surplus.

(2) The excess national assets will be transferred by the organisation to the administration (§ 18 et seq.) of another organisation. In the absence of any interest of a state organisation, it may be transferred to other organisations or citizens under the conditions of Paragraph 21 (1) (a). If this is not possible, it shall be treated as unfit property (§ 14).

(3) The organisation may use the synergies of state organisations providing the intermediary service to place surplus movable national assets. * *)

(4) At the same time, with excess movable basic equipment, spare parts (parts) are to be transferred to the administration or sold if the organisation has them and does not need them for other maintenance.

(5) The surplus real estate national property, for which the social interest requires it to remain in state socialist ownership for future tasks, shall, as a rule, be transferred to the administration of the local national committee, or, if it is agricultural property, to the administration of the district national committee. If the national committee objects to the transfer, the procedure laid down in Paragraph 65 (2) of the Code shall be followed. However, if such property can be managed better and easier by organisations other than the National Committee, it shall be transferred to its administration.

§ 14

Treatment of unfit national property

(1) On a proposal from the Commission (paragraph 2), the head of the organisation and, where appropriate, the person authorised by it, decide which national assets are unfit and how they are handled; in the case of motor vehicles, it also follows specific provisions. * * *) The individual central authorities and regional national committees shall determine for organisations in their field of competence whether and in which cases the head of organisation needs the approval of the superior authority to sell unfit items to the employees of the organisation or their family members.

(2) The Commission shall be at least three members. Its members shall be appointed by the head of the organisation. More than one commission may be set up as necessary. The function of this commission may be entrusted to an inventory committee.

(3) In particular, the Commission is required to establish the cause of the inapplicability of the case, or whether the inapplicability was caused and by whom. If, according to the outcome of the investigation, the Commission concludes that the matter is unworkable, it shall propose how it should be handled. The Commission may request an opinion from a professional state organisation. This assessment will require, in particular, the use of unfit machinery, motor vehicles and items of special importance *) or items which cannot be excluded from the possibility of being used in another socialist organisation as raw materials (for scrap).

(4) Minutes must be drawn up of the proceedings, of the facts established and of the opinion of the Commission. The registration shall include, in particular, the precise description of the case - for the principal funds and their inventory numbers -, the description of the case and its state, its value according to the accounting records, the cause of the infitness, the result of the blame investigation and the proposal of the Commission and, where appropriate, the divergent opinion of a member of the Commission. The minutes must be signed by all members of the committee. If the Panel has requested expert advice, it shall be attached to the minutes. A separate entry is not required when the relevant data are included in the inventory list or inventory entry.

(5) Useful national assets, if they cannot be used more economically in an organisation managing them (e.g. as material), will be transferred by the organisation to the administration of state socialist organisations or transferred to the ownership of a socialist organisation other than the state organisation (§ 21). If one of those organisations does not have an interest in it and if it is in matters which may be the subject of personal ownership (such as those relating to the construction or repair of homes), the organisation may sell them to citizens. Paragraph 13 (3) shall apply mutatis mutandis. The refusal to take over the unfit assets of an intermediary service organisation may be considered as an assessment under paragraph 3.

(6) Useful buildings and buildings (Section 12 (4)) can only be identified for demolition and the material of the demolition is disposed of in accordance with the preceding paragraph. * *)

(7) If an unfit item cannot be implemented in accordance with the preceding paragraphs, it shall be determined on a rolling basis.

§ 15

Temporary use of national assets

(1) The organisation may delegate national assets which it has in its management and which it does not temporarily need to carry out its tasks to another socialist organisation. It may also leave the property or part of the property to another socialist organisation for use only in a specified manner, provided that this does not prevent it from continuing to use the property to the extent necessary for the performance of its own tasks and that the property is better used in the social interest. The agreed period of use shall not be longer than two years for movable property unless the specific provisions provide for a shorter period of time. * * *) Things cannot be left to use or easily fit. Rooms intended or used for purposes other than residential or agricultural use may not be left to another socialist organisation for temporary use without the decision of the authority responsible under the special regulations. †)

(2) No remuneration shall be granted for the abandonment of use between budgetary organisations. The organisation which has left the case for use shall bear the costs associated with its administration and operation; However, where budgetary organisations use the matter jointly, costs shall be pro rata. No remuneration shall be paid for the abandonment of land use if the organisation managing it has no costs with its management and operation. In other cases, the use of the remuneration provided for in the relevant regulations is generally granted, † †) to state organisations and, in cases which are suitable for other socialist organisations, the use may be provided free of charge. The transfer of national assets to the socialist organization can only become an economic contract. † † †)

(3) The organisation may leave for temporary use to citizens for personal use (e.g. temporary placement of a portable holiday cabin or garage, temporary use of the garden) in an absolutely necessary area of land which it has in administration and which it temporarily does not need for the performance of its tasks, not for agricultural land. Landing land for temporary use to citizens can only become a written contract. The use of the land must be subject to payment under the applicable rules.

(4) For the purpose of settlement in border counties, the district national committee may, without payment, leave the agricultural parcels it has in its management in proportion to the size of the land. Under special regulations *), agricultural land may also be left to the use of a state socialist organisation with agricultural or forest production to its employees.

(5) In addition to the cases referred to in paragraphs 3 and 4 concerning the lending of consumer items to citizens by organisations designated to do so and the leaving of apartments and rooms administered by state organisations for the personal use of citizens under the Civil Code, national property may not be left to citizens by organisations for use by them. This does not apply to the social use of public facilities by citizens, as well as to the lending of work uppers, protective equipment and other things by organisations to citizens under special regulations. * *) This also does not apply to the lending of consumer items intended for this purpose (e.g. books, sports items).

§ 16

Surrender of national assets to permanent use

(1) Parts of national assets may be transferred free of charge to permanent use (Section 70 (1) of the Code) only to socialist organisations other than state organisations. As a rule, only immovable national property with accessories may be surrendered to permanent use. Mliable goods may be separately put into permanent use only exceptionally, provided that their nature permits continuous use and that there are specific reasons (i.e. not consumable and easily usable).

(2) Only the district national committee within whose territory the national property is surrendered shall be entitled to transfer national assets into permanent use. If assets which are not in the administration of the district national committee in whose district it is located are to be transferred to permanent use, they shall be transferred earlier to its administration. National property, which was transferred to permanent use by another state organisation prior to the date of application of this decree, shall be transferred without delay to the administration of the District National Committee in whose territory the property is, unless otherwise provided by the Ministry of Finance under the previously applicable rules. For serious reasons, the Ministry of Finance may provide, in particular for the specific nature or mission of certain parts of national assets, that other state organisations may also transfer the national assets to permanent use or, where appropriate, to permanent use to which they are subject.

(3) Surrender to permanent use shall be carried out by a measure, following the prior consent of the future permanent user.

(4) The transfer measure includes the name of the submitting organisation and user, the affectionate designation of the surrendered national property (the designation of the immovable property by municipality, cadastral territory, partariff numbers, recorded property records, building and property accessories numbers), the general condition of the property and its main deficiencies and defects, the rights and obligations of the user, the date of the measure's effectiveness (paragraph 6), the value of the property surrendered and, where appropriate, other conditions. The right of permanent use shall be entered in the property register.

(5) The user is obliged to keep the transferred property permanently and to ensure that it is maintained in a timely and regular manner by making repairs. Investment changes (adaptation, extension and superstructure) may be made only with the prior written permission of the organisation which has the assets under management. Any acceptance shall specify whether and to what extent the user has the right to reimbursement of the costs incurred by the managing organisation for investment changes when discontinuing its permanent use. The compensation may not exceed the own costs of acquiring investments less wear and accidental depreciation. Where costs have been reimbursed directly or indirectly through State resources or have been made without prior written acceptance by the organisation which has the assets under management, the costs shall not be reimbursed by the user.

(6) The actual transfer of assets to a permanent user shall be carried out in a protocol. Each Party shall receive one copy of the minutes. On the day of the protocol surrender, all rights and obligations of continuous use shall be transferred to users.

(7) The transfer to the permanent use of immovable national assets under the administration of the District National Committee does not require the approval of the superior authority, provided that its acquisition value does not exceed 500 000 Kcs in the accounting records; If its value is higher or if it is due to surrender of separate movable items, the approval of the Regional National Committee shall be required for surrender.

§ 17

Personal land use

(1) The decision to allocate the land to personal use (§ 198 et seq.), if it is a land in state socialist ownership, is to be taken by the district national committee in whose district the land is situated.

(2) A land of state socialist property cannot be assigned to personal use if the organisation needs it to carry out its tasks.

(3) If the land is assigned to personal use in the administration of an organisation other than the local national committee, it shall, as a general rule, transfer it to the administration of the local national committee, which shall conclude an agreement with the citizen establishing the right of personal use.

(4) Save as otherwise provided in specific provisions, the right of personal use shall be established for land in state socialist property for remuneration, which shall be determined in accordance with the rules on the price of personal property buildings and the compensation for the expropriation of real estate. *) The payment will be transferred directly to the state budget. * *)

Transfers of national property management outside normal management

§ 18

(1) Transfers of national property management are only allowed between state socialist organisations.

(2) Management of national assets outside normal management shall be transferred free of charge if there is a transfer

(a) basic funds and other tangible national assets (Section 5 (4));

(b) stocks between budgetary organisations which are involved in the State budget with their revenue and expenditure and manage separately under approved budgets, or where the transfer of stocks between other organisations is carried out as a result of reorganisation or as a result of the transfer (amendment) of the production programme (task), while simultaneously adjusting the relevant parts of the plans and budgets, * * *)

(c) supplies for the construction of joint facilities (§ 3) and for teaching purposes.

(3) In cases other than those referred to in the preceding paragraph, the management of national assets shall be transferred on a fee basis at the normal price in accordance with the applicable price regulations ("normal price ').

(4) If they fulfil their purpose as a single whole (set of items), they may be transferred to the administration of individual items only if the file is not degraded in any way or if serious reasons so require.

(5) Transfers of management of national assets outside normal management are to be carried out as a rule on the first day of the month, transfers of management of larger economic units on the first day of the year. The management of national assets may exceptionally be transferred retroactively only for serious reasons and only on the first day of the month of the current year or on the first day of the current year.

§ 19

(1) Transfers of national property management outside normal management are generally carried out by economic contracts for the transfer of national property management. †)

(2) The measures of the supervisory authorities, which must have significant formalities as economic contracts for the transfer of management, shall only transfer the management of national assets for serious reasons, in particular where the transfer of assets or assets of particular importance is concerned, when the organisation is established, when the organisation is reorganised, the transfer (change) of the production programme or when the transfer is for the purpose of eliminating the dispute concerning management jurisdiction (§ 65 (2) of the Code).

(3) In the cases referred to in the preceding paragraph, the central authorities or the authority designated by them shall be responsible for transferring the management of the national property:

(a) from their management to organisations directly subordinate to them and vice versa;

(b) between organisations directly subordinate to them.

(4) Where an administrative transfer is made from one central authority to another central authority, the administrative transfer measure shall be issued by the authority from which the management of national assets is transferred in agreement with the other central authority. Similarly, transfers from the field of competence of the Regional National Committee to the central authority or vice versa shall be carried out.

(5) The Regional and Regional National Committees may transfer national assets from the administration of their National Committee to the administration of a subordinate national committee or organisation, and vice versa, and between national committees and subordinate organisations, by a measure to which they are subject. This is without prejudice to specific regulations, † †) according to which the Regional National Committees are subject to their measures to transfer the management of national assets to other organisations.

§ 20

(1) The central authorities shall provide for organisations subordinate to them which are approved by the authority which they conclude contracts for the transfer of national property management outside the normal course of business and when such approval is not necessary.

(2) In order to transfer or take over the management of national property from or to the administration of national committees, they do not need approval

(a) regional national committees;

(b) county national committees, if they are national assets of a value not exceeding 1 million Kčs,

(c) local national committees, if they are national assets of a value not exceeding CZK 200 000.

(3) Where the national committees referred to in the preceding paragraph may transfer or take over the management of national property without the approval of a superior body, they shall be entitled to approve contracts for the transfer of national property management, concluded by organisations subordinate to national committees and subordinate national committees.

(4) Within the limits of their authorisation, as referred to in the preceding paragraph, national committees may determine in which cases organisations subordinate to their national committee do not require approval of contracts for the transfer of national property management.

(5) Regional National Committees may in general or in certain cases:

(a) limit the powers of the district and local national committees which they have under the previous paragraphs;

(b) extend the authorisations of the local and regional national committees which do not exercise the powers of the regional national committees up to the level of the powers of the regional national committees which they have under the previous paragraphs.

(6) The value for determining the jurisdiction of the institution shall be the acquisition value of the assets transferred in the accounting records. The operative part is the value of all national assets whose management is transferred by one contract. The management of all national assets to be transferred between two organisations at a certain time must always be transferred by one contract.

Transfer of ownership of national assets

§ 21

(1) Owning of land which is national property cannot be transferred to anyone, unless otherwise specified further (paragraphs 4 and 8). Owning other items of national property can only be transferred if

(a) surplus national assets which the State Socialist organisation does not show any interest in, in foreign trade and in non-state socialist organisations, and which are subject to personal property, including citizens;

(b) by means other than surplus, where the transfer is necessary in the social interest, to the organisations referred to in (a);

(c) family houses and similar small buildings (e.g. cabins), in particular for citizens, even if this property is not surplus;

(d) ineligible national assets, for the organisations and persons referred to in (a);

(e) a case to be given to a joint establishment which, under the agreement, falls under the ownership of a cooperative or social organisation (paragraph 5).

(2) Only those parts of the national property which are designated by the court by the body of the compulsory organisation directly by the superior may be affected by the decision of the court imposing the payment of the cash amount.

(3) In cases other than those referred to in the preceding paragraphs, the transfer of ownership of national property shall be inadmissible. This provision shall not apply to transfers of national property to the property of socialist organisations other than the State in the ordinary course of business (supply of products and execution of works) and to the sale of goods intended for personal consumption to the property of citizens when sold in trade and order service under the Civil Code rules; the provisions of this Order on the conditions for the transfer of ownership and the procedure for such transfers of ownership are also not applicable.

(4) The transfer of ownership of national assets shall be made on a fee basis, at a normal price in accordance with the applicable price regulations. National assets may be transferred for less than the normal price or, exceptionally, free of charge only in the social interest. In exchange for a case, ownership of national assets may be transferred only between state socialist organisations, on the one hand, and other socialist organisations, on the other; the exchange of land for land is also permitted between these parties.

(5) The provisions of Section 3 shall apply mutatis mutandis if the joint establishment of a State organisation and a cooperative or social organisation are brought together. If it is agreed that a joint venture is to be owned by a cooperative or social organisation, the State organisation shall transfer to the ownership of that organisation the items it provides to the joint venture under the agreement free of charge.

(6) The Ministry of Finance determines which buildings and under what conditions organisations may transfer to citizens as family houses and ownership interests in such houses. *)

(7) The amounts obtained by the sale of immovable national assets are transferred directly to the State budget by the organisation *), except as otherwise provided in the specific provisions. * *)

(8) The specific provisions on the provision of national immovable property by way of compensation for immovable property of citizens and private legal persons contracted or, as decided by the competent authorities, transferred to socialist property remain unaffected. * * *)

(9) The limitation of the transfer of real estate in national assets pursuant to § 58 of the Act is not permitted.

§ 22

(1) The approval of the Ministry of Finance is required for the transfer of ownership of items of national property worth more than a million Kčs at a normal price or less than the normal price or for the free transfer of ownership of items of national property of more than 250 000 Kčs.

(2) In other cases, the transferring organisation needs the approval of a superior body to transfer ownership to matters of national property, unless otherwise specified.

(3) The central authorities shall determine, for organisations subordinate to them, which authorities are competent to authorise the transfer of ownership to matters of national property and when such approval is not necessary.

(4) There is no need for approval to transfer ownership of matters in the administration of national committees

Citation	Decree of the Ministry of Finance No. 117 / 1964 Coll., on the Administration of National Property
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	19.06.1964
Effective from	01.07.1964
Effective until	-
Status	Valid

Decree No. 117 / 1964 Coll.

Decree of the Ministry of Finance on National Property Management

Contents