Decree of the Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic and Ministry of Finance of the Slovak Socialist Republic No. 122 / 1980 Coll.

Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic and the Ministry of Finance of the Slovak Socialist Republic on a one-off contribution to the replacement housing arrangements for citizens who will release the apartment in the building administered by the state socialist organization

Valid Effective from 01.10.1980
122
DECLARATION
Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic and Ministry of Finance of the Slovak Socialist Republic
of 6 August 1980
on a one-off contribution to the replacement housing arrangements for citizens who will release an apartment in an object managed by a state socialist organisation
Federal Ministry of Finance pursuant to Article 391 (1) of the Economic Code No. 109 / 1964 Coll., as amended by Act No. 37 / 1971 Coll., and supplemented by Act No. 144 / 1975 Coll., § 28 (d) and (e) of the Act No. 134 / 1970 Coll., on the State Budget Rules of the Czechoslovak Federation and on the Principles on the Management of State Budget Funds of the Federation and Republics, and § 508 (1) of the Slovak National Council Act No. 40 / 1964 Coll., and § 26 (2) (c) of the Czech National Council Act No. 145 / 1961 Coll., on the State Budget Rules of the Czech Socialist Republic and on the Finance Act No. 40 / 1964 Coll.
§ 1
Basic provisions
(1) To promote the intensified use of the housing fund, a one-off allowance may be granted to citizens over 50 years of age who have a personal use (1) of apartments (1) of category I or II in buildings managed by state socialist organisations in areas where there is a shortage of flats, where there is a one-off allowance for alternative housing measures (hereinafter referred to as "the allowance"), provided that they voluntarily release these flats and move to their family homes (holiday homes) in a place where there is no shortage of flats, or where there is a need for housing to be allocated to their relatives or known, or to an apartment which is not subject to allocation under the specific provisions of the Law on the economy (3).
(2) Notwithstanding age, the allowance may be granted mutatis mutandis under paragraph 1 for flats released from 1 July 1982.
(a) workers employed in mining underground mines who have become permanently unfit for work as a result of their health status, 7)
(b) widows by users8) company apartments,
(c) citizens fully disabled.
(3) For the purposes of this decree, Prague, Bratislava, the cities which are the seat of the regional national committees and the places which, taking into account the housing needs of state socialist organisations, are to be regarded as having insufficient flats.
§ 2
Amount and conditions for granting the contribution
(1) The release of the apartment and the amount of the allowance shall be agreed by the user of the apartment with the national committee, if it is an apartment to be awarded after the release by the applicant registered in the local organisation4) or with the relevant organisation, if the allocation is subject to specific provisions of the Housing Management Act. (5) The agreement must take the form of a written contract. The model of this Treaty is set out in the Annex.
(2) The allowance may take account of the size and quality of the vacant flat:
in Kčs
Velikost bytu (m2 obytné plochy) Kategorie bytu6)
I.II.
oddooddo
do 20 m29 00013 0007 00010 000
nad 20 m2 do 30 m213 00018 00010 00014 000
nad 30 m2 do 40 m218 00026 00014 00020 000
nad 40 m226 00032 00020 00024 000
(3) The contribution may not be granted to a citizen who has received non-refundable financial assistance for the composition of a member of the housing cooperative or for individual housing construction.
(4) If the citizen to whom the allowance has been granted moves to a separate flat in a flat with a shortage of flats not earlier than 10 years after the date on which the allowance was paid to him, he shall be obliged to return the contribution to the national committee or organisation which paid it to him.
(5) The condition for granting the allowance shall be that the citizen, in a contract concluded in accordance with paragraph 1, undertakes to submit to the payer, within 10 years of the grant, a written declaration confirmed by the local national committee in his new place of residence after two years.
§ 3
Payment of the contribution
(1) The allowance shall be paid to the citizen of the national committee or organisation which has concluded a contract with him (Article 2 (1)) upon receipt of the vacant flat and on presentation of a certificate that the right to use the vacant flat has ceased to exist, that the former user has applied for permanent residence in the new residence and that he is resident there. The payment of the contribution shall be made through the State Savings Bank at the place designated by the citizen.
(2) The contributions shall be paid by the State economic organisations in the context of the other use of profit, budgetary organisation and national committees under the approved budget, the contribution organisation from the operating contribution granted to them from the relevant budget.
§ 4
Exemptions from public income tax
The contributions granted shall be exempt from public income tax.
§ 5
Exceptions
The Federal Ministry of Finance may, on a proposal from the Federal Ministry of National Defence or the Federal Ministry of Interior, authorise exemptions from Sections 1 and 2 (2) for the release of military and interior apartments. In authorising exemptions from Sections 1 (3) and 2 (2), the Ministry of Finance of the Republic concerned shall proceed with the agreement.
§ 6
Efficacy
This Decree shall take effect on 1 October 1980.
First Deputy Minister of Finance of CSSR:
Ing. locksmith v. r.
Deputy Minister for Finance of the SSR:
Ing. Thunder v. r.
First Deputy Minister of Finance of the Czech Republic:
Zlatílek v. r.

Annex to Decree No. 122 / 1980 Coll.

1) § 152 to 155 of Civil Code No. 40 / 1964 Coll.
2) For example, these are smaller or lower category flats, which are not interested in the local list.
3) § 24 to 26 of Act No. 41 / 1964 Coll., on Housing Management.
4) These are apartments allocated pursuant to § 18 of Act No. 41 / 1964 Coll.
5) These are apartments of the company and apartments of armed forces assigned pursuant to § 24 to 26 of Act No. 41 / 1964 Coll.
6) Paragraph 4 of Decree No. 60 / 1964 Coll., on the remuneration for the use of the apartment and for the services associated with the use of the apartment.
7) Paragraph 1 (1) of Decree No. 129 / 1979 of the Federal Ministry of Labour and Social Affairs Coll., on the employment and physical security of workers permanently unfit for work in underground mines.
8) § 153 to 155 of Civil Code No. 40 / 1964 Coll.

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Regulation Information

CitationDecree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic and the Ministry of Finance of the Slovak Socialist Republic No. 122 / 1980 Coll., on a one-off contribution to alternative housing measures to citizens who will release the apartment in the building administered by the state socialist organization
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation19.09.1980
Effective from01.10.1980
Effective until-
Status Valid
The regulation text is for informational purposes only.
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