Decree No. 153 / 1950 Coll.
Order on the investment certificate for construction for 1951
Valid
Effective from 06.12.1950
153.
Government Regulation
of 28 November 1950
on an investment certificate for construction works for 1951.
The Government of the Czechoslovak Republic orders pursuant to § 41 paragraph 2 of Act No. 241 / 1948 Coll., on the first five-year Economic Plan for the Development of the Czechoslovak Republic (Act on the Five-Year Plan):
Basic provisions.
(1) For each construction carried out in 1951 (new and built-up), the investment note for the construction works for 1951 (hereinafter referred to as the "investment sheet ') is needed. With the help of investment certificates, managers of partial investment amounts (paragraph 3), the Regional National Committees and the Investment Bank, the National Company, shall monitor the implementation of the implementation plan of investment for 1951 in respect of construction (hereinafter referred to as the" Construction Plan').
(2) The construction referred to in paragraph 1 shall mean any building object which, under the guidelines of the State Office planning to draw up a draft investment implementation plan for 1951, should have been listed separately in that proposal. A separate investment note is required for each such construction. Only one investment sheet shall be used for typed constructions of the same builder, built in bulk at the same construction site by type and at a uniform price.
(3) The managers of the sub-investment amounts ("AIFMs") are:
(a) in the case of buildings centrally planned by the competent central authorities or by the Directorate-General, similar central bodies of the construction industry (hereinafter referred to as "central authorities"). The list of such administrators shall be published by the State Office of Planning on the Official List. The central authorities may, in agreement with the State Planning Office, entrust the Central Authorities with the Decree in an official document to perform the functions of trustees for them;
(b) in the case of regional buildings planned (including those for local economies) by regional national committees responsible for the site of construction.
(4) Until the administrator issues an investment certificate for the construction (Section 6 (2)), the construction office cannot decide on the admissibility of the construction and is not allowed to start construction work; However, management under construction or other rules may be carried out before the investment note is issued.
(5) Without an investment certificate, only in 1951
(a) maintenance works which are necessary for economic or security reasons and which neither increase the cost of the original investment nor prolong its fitness;
(b) construction works related to non-construction investments included in the 1951 investment plan, where such works do not belong to the construction plan.
Evidence and control.
(1) AIFMs shall monitor the implementation of the construction plan on a investor-by-investor basis using the investment notes, taking into account their investment amounts.
(2) The Regional National Committees shall examine in particular:
(a) if the planned investment, in particular in terms of construction, corresponds to economic development under the regional package and complies with the spatial planning aspects;
(b) if the planned number of workers for the operation of the planned investment is ensured.
(3) An investment bank, a national firm (hereinafter referred to as the "Investment Bank"), makes investments available for all buildings according to the central authorities and bodies, checks whether the construction works listed in the investment notes are included in the construction plan and ensures that the investment amounts are not exceeded. When granting a construction loan, the Constitution of People's Money shall follow the instructions of the Investment Bank.
Copy of the investment note.
(1) The investment note shall be drawn up by the builder in conjunction with the plant with which he has concluded a contract for the execution of the construction, in six copies, in accordance with a model to be published by the State Office of Planning on the Official List.
(2) An investment note may be drawn up only if:
(a) a construction project corresponding to the second stage of technical readiness of the buildings according to the guidelines of the State Office planning to draw up production plans for construction works for 1951;
(b) a calculation of the costs of invoicing is drawn up;
(c) the provision of financing; and
(d) a contract for the implementation of the construction has been negotiated.
(3) For construction works for which uniform prices have been set and for those for which, under the rules on the calculation of costs in construction undertakings, cost calculations need not be compiled, the assumption referred to in paragraph 2 (b) need not be fulfilled.
(4) The time limits for completion of the construction set out in the investment note are binding on the construction plant and are to be included in the construction plan for the relevant quarter only if the construction plant receives from the construction plant a project corresponding to the fourth stage of technical readiness under the Directives referred to in paragraph 2 (a) within the same period as the investment certificate is to be received from the administrator (§ 6 (3)). If the contractor does not deliver the project in time and cannot carry out the construction without it within the time limits specified in the investment certificate, an amendment to the investment certificate shall be made on the basis of the design of the construction plant in accordance with Article 7 (1). This provision does not apply to typed buildings and to structures whose total cost does not exceed 250,000 CZK for ground construction and 500,000 CZK for civil engineering construction.
Investment leaf proceedings.
(1) The builder sends an investment certificate for construction
(a) the centrally planned administrator in five copies, together with a copy to the Regional National Committee within whose perimeter the construction is to be carried out;
(b) the regions planned for the Regional National Committee as administrator in six copies.
(2) The following time limits shall be set for the sending of the investment notes referred to in paragraph 1: The investment notes for the construction works to be included in the construction plan for the first quarter of 1951 shall be sent by the builder by 15 December 1950, if new ones are available, and by 31 December 1950, if built-up ones; investment certificates for buildings (new and built-up) to be included in the construction plan for the second quarter shall be sent by 1 February 1951, by 1 May 1951 and by 15 July 1951 respectively. If construction is particularly urgent, the need for which could not be predicted in time (e.g. the removal of the consequences of natural disasters), an investment note may exceptionally be sent after these deadlines.
(3) If it is a centrally planned construction, the Regional National Committee shall send a statement to the competent administrator whether or not it agrees to implement the construction (§ 2 (2)); the objections raised shall be duly substantiated. If the Regional National Committee does not express its views within 14 days of the date on which it received the investment certificate, it shall be deemed to have no objection. Later on, the administrator may not take note of the objections sent.
(1) The AIFM shall examine the accuracy and completeness of the data in the investment documents, if they are to be supplemented, approved or refused approval. It is obliged to refuse approval of investment certificates for buildings not included in the construction plan. The amounts shown in the investment note shall not be altered by the AIFM. If he finds that the construction should be carried out to a lesser extent or in a more economical manner, he shall return the investment certificate to the builder with instructions for drawing up a new investment certificate. Furthermore, the AIFM shall ensure that the sum of the amounts shown in all the investment notes it issues does not exceed the investment amount it manages.
(2) If the administrator does not comply with the objections of the Regional National Committee against the implementation of the construction (§ 2 (2)), the investment note may be approved only if the central authority responsible for the construction works so agrees in agreement with the State Planning Office.
(3) Once the sum of the amounts shown in the investment notes issued has reached the amount set out in the construction plan, the AIFM shall refuse approval of other investment certificates.
(4) If the AIFM withdraws the approval of the investment certificate, it shall immediately notify the Regional National Committee in whose area the construction was to be carried out.
(1) The AIFM shall send the investment notes approved to the Investment Bank. The investment bank shall review the investment note (Paragraph 2 (3)) and confirm by adding its registration number that it has taken over the construction in the register for the purpose of carrying out a substantive check on the implementation of the construction plan; keep one copy of the investment note and return the others without delay to the AIFM.
(2) The AIFM shall also retain a copy of the investment note and send it on a copy of the investment note,
(a) to a builder,
(b) a construction plant; and
(c) if the construction is to be carried out by a central, regional national committee within whose perimeter the construction is to be carried out, and if the construction is to be carried out by the county, with the exception of the construction for the local economy, to the competent central office.
(3) The approval of investment certificates and their dispatch to the Investment Bank referred to in paragraph 1 shall be such that the AIFM may send the investment certificates referred to in paragraph 2 within the following time limits: investment certificates for construction works to be included in the construction plan for the first quarter, by 31 January 1951, by 21 February 1951, for the second quarter by 21 May 1951, for the third quarter by 21 May 1951 and for the fourth quarter by 15 August 1951.
Change in the investment list.
(1) If, after the investment note has been issued, there is a need for a change in the scope of the construction or within the deadline for its implementation (Section 3 (4)), or if the amount of the construction cost changes as a result of a change in the rules on the calculation of costs in construction undertakings, a new investment note shall be drawn up. in its heading it shall be noted that it is an amendment to an earlier sheet, the registration number of which shall be indicated. Paragraphs 4 to 6 apply to proceedings with the exception of paragraphs 2 and 6 on time limits.
(2) The change in the investment note for the construction works for which, as a result of the acceleration of construction works, the construction cost is to be exceeded for 1951 without altering the total cost, shall be decided by the administrator in accordance with the instructions of the State Planning Office.
Cancellation of the investment note.
(1) The AIFM shall cancel the investment note
(a) for a new construction, if it was not included in the construction plan in 1951,
(b) for any construction not to be carried out as a result of a change in the construction plan; However, if such a construction has already been started in 1951, the investment note shall not be cancelled, but its amendment shall be made in accordance with Paragraph 7 (1) and only the amount corresponding to the work already carried out shall be indicated in the new investment note, after the work needed to secure the construction.
(2) The AIFM shall notify the cancellation of the investment note of all the locations to which it has sent it pursuant to Paragraph 6 (2) and the Investment Bank. The construction may not be carried out after the investment note has been cancelled.
Change in construction plan.
The approval of the investment note, refuse its approval and amend or revoke the approved investment note under the previous provisions, if this would alter the construction plan, may only be subject to the conditions laid down by the government resolution establishing the plan.
Transitional provisions.
(1) Until the construction plan has been approved, investment certificates shall be drawn up only for the buildings included in the draft plan and shall be implemented in the first or second quarter of 1951. AIFMs shall adjust and dispose of these investment certificates in accordance with the instructions of the Planning Authority.
(2) The State Planning Office shall notify the AIFMs which works may be carried out by 31 January 1951 without investment certificates.
Construction for special purposes.
The rules on the investment note for specific purposes will be issued separately.
Exceptions.
The State Planning Office may, in agreement with the Ministry of Technology, authorise or provide for exemptions from the provisions of this Regulation.
Efficiency.
This Regulation shall enter into force on the day of its publication; they shall be carried out by the Minister-President of the State Office planning in agreement with the participating members of the Government.
Zaporocký v. r.
Dr Dolansky v. r.
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Regulation Information
| Citation | Decree No. 153 / 1950 Coll., on the investment certificate for construction for 1951 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.12.1950 |
|---|---|
| Effective from | 06.12.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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