Act No. 161 / 1946 Coll.
Law on advances for compensation for certain war damage and damage caused by exceptional circumstances
Valid
Effective from 24.08.1946
161.
Law
of 18 July 1946
on advances for compensation for certain war damage and damage caused by exceptional circumstances.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Until the final adjustment for compensation for damage to war and for damage caused by exceptional circumstances, an advance may be granted from State resources for compensation for damage suffered by Czechoslovak citizens in the territory of the Czechoslovak Republic or abroad by theft, introduction outside the national territory, prevention, destruction, damage or other loss of movable or immovable property or by other means (on earnings, pensions and the like) where such damage has been caused
(a) by any act of war or other measure of war by any of the parties to the war, its fighting forces or its members; or
(b) temporary occupation of the territory of the Republic of Czechoslovakia by the authorities of the occupying States or by the authorities acting on their orders, by persecution for reasons of political, national or racial reasons; or
(c) terrorist acts by the organisation of a state of hostile or persons of public danger.
The advance may be granted only for compensation for damage which has been investigated and detected and only for persons who are socially weak and who are certified by
1. for damage to goods,
(a) that the immediate measure or establishment of a stolen, introduced, taken, destroyed or lost item, after the damage had been brought into effect, was or is strictly necessary to restore or maintain its existence, or to prevent further nationwide economic damage; and
(b) that the costs of the reaction or the establishment of a case, after it has been put into effect, cannot be covered by their own funds;
2. in the case of damage to earnings, pensions, cash, securities, deposits, other claims and such. That provision of advance is essential in order to restore or maintain their existence.
The compensation payment may be granted to the victim and to the survivors of the damage, if the injured party had an obligation under the law of alimentation and if their nutrition was substantially dependent on their income.
The advance on compensation for damage is paid in cash, exceptionally also in cases (in nature) but not in real estate.
(1) The procedure for granting an advance on compensation for damage shall be instituted at the request of the injured or the survivors (Section 3). The application shall be submitted to the district national committee responsible for the applicant's place of residence. If the application has been submitted before the application of this law has been made to another authority (office), that authority (office) shall refer it to the district national committee responsible in accordance with the provisions of the previous sentence.
(2) In particular, the application shall include the authority (office), after all the authorities (offices) for which the damage or its individual species have been claimed, and indicate whether, by reason of the damage (§ 1), compensation, advance payment, aid or other assistance (loan, repayment allowance, loan guarantee, etc.) has already been granted, to what extent, when and by which authority (office) has been granted. The application shall be accompanied by proof that the conditions for granting the advance provided for in Article 2 are fulfilled and, if the survivor of the injured party's application is lodged, by proof that the conditions laid down in Article 3 are met.
(1) The District National Committee shall decide to grant an advance if the damage found does not exceed CZK 250,000. Otherwise, the Regional National Committee, in Slovakia, will decide on the interior.
(2) The payment of the advance granted shall be made by the National Committee of the Land, in Slovakia, by delegation of the interior or by an authority designated by it.
A more detailed directive on the provision and payment of advances shall be issued by the Ministry of the Interior in agreement with the participating ministries no later than three months after the publication of the law. In particular, those Directives lay down the order of urgency in which advances for compensation for each type of damage are to be granted.
(1) An advance payment on compensation for damages does not give the party a right to such compensation. If the compensation for the damage claimed is less than the advance authorised, or if the party does not accept at all, the advance shall be returned immediately to the authority which granted it (Paragraph 6 (1)), unless that authority provides appropriate relief in the event of a duly substantiated request in cases of special consideration.
(2) The provisions of paragraph 1, second sentence - with the exception of the provisions on the granting of relief - apply mutatis mutandis if the advance has been drawn by false data or otherwise.
The courts, authorities and public authorities are obliged to cooperate in the implementation of this law.
Documents and official acts in matters governed by this law shall be exempt from fees and charges for official acts in administrative matters.
Any person who, in an application for an advance payment for damages or in proceedings against it, knowingly makes incorrect information or otherwise tries to attract or actually entitle the advance, will be punished, if not for a criminal offence, by the county national penalty committee of up to 50 000 Kčs or by prison (lock-up) within six months or both. If a fine has been imposed, a replacement prison sentence (lock-down) shall be imposed at the same time in the event of its imperfections, depending on the degree of guilt within the limits of the free penalty rate. If, in addition to the fine, a punishment has been imposed on the free, the sentence on the free, together with the prison detention penalty, must not exceed six months.
(1) This Act shall take effect on the 15th day following its publication.
(2) The same date shall cease to apply.
(a) Decree of the President of the Republic of 28 September 1945, No. 82 Coll., on advances for compensation for certain war damage property, and
(b) Decree of the Slovak National Council of 7 November 1945, No. 130 Coll. of SNR, on the granting of an advance on damages caused by war events.
(3) This Act shall be implemented by the Minister of the Interior in agreement with the Ministers involved.
Dr Beneš v. r.
Dr Zenkl v. r.
Kopecký v. r.
Minister Noska.
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Regulation Information
| Citation | Act No. 161 / 1946 Coll., on advances for compensation for certain war damage and damage caused by exceptional circumstances |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.08.1946 |
|---|---|
| Effective from | 24.08.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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