Act No. 169 / 1949 Coll.
Law on Military Departures
Valid
Effective from 02.07.1949
169.
Law
of 16 June 1949
about military escapes.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Setting-up of exits and their territorial changes.
(1) The Government may, in the case of parts thereof, if such territories are necessary for the defence of the State, establish military raids (in the next "raids"). In the territory of the exit, internal administration is carried out by a special office (§ 18). Escape is not a legal person.
(2) Prior to the decision to set up a retreat, the government shall obtain the observations of the local, regional and regional national committees involved.
(3) The border of the exit is determined by the government. They shall be set out in detail by the Regional National Committee in agreement with the military administration after hearing the relevant Regional Court.
(4) If an exit is to be established from parts of the territory of two or more counties, the Government shall, by regulation, adjust the boundaries of the counties so that the departure from the date on which its establishment takes effect falls within the territory of a single district.
(5) Where an exit is to be established from parts of the territory of two or more regions, the Ministry of Interior shall, in agreement with the Ministry of National Defence, provide for the procedure provided for in paragraph 3, second sentence, of the Regional National Committees. The Government shall adjust the border of the regions by regulation so that the departure from the date on which its establishment takes effect falls within the territory of a single region.
(6) The Government provides for the official name of the exit.
(1) The municipalities whose territory has been fully taken into the territory of the exit and the municipal undertakings of those municipalities are no longer concerned.
(2) The rights and obligations of the municipalities and their municipal undertakings are transferred to the State. The capital of the degraded municipalities shall be released. The State shall also be transferred to the administration of the institutes and funds (foundations) and public goods carried out by the local national committees of these municipalities. Unless otherwise provided for in this law, the rights of third parties shall remain unaffected.
(3) The rights of the degraded municipalities and their municipal undertakings for real estate and water in the territory of the exit and the administration of the public good in the territory of the exit are transferred to military administration. The government shall determine to which branch of government the other rights and obligations of the defunct municipalities and their municipal enterprises and the administration of the institutions and funds (foundations) carried out by the local national committees of defunct municipalities.
(4) Staff of the defunct municipalities and their municipal undertakings are transferred to the service of the State. Their employment and wage ratios shall be adjusted accordingly in accordance with the Government Decree of 7 November 1930, No. 163 Coll., on the recruitment and inclusion of employees of self-governing corporations. However, the employment (service) and wage ratios of employees in the individual contract service relationship and the employment and wage ratios of employees subject to the rules on the management of government wage policy remain unchanged after this transfer. Recoverable (provision) salaries of employees of defunct municipalities who entered the service prior to the establishment of the exit, and of employees of defunct municipalities who died before that date, shall be paid by the State if they do not exceed the rate laid down in § 212 (1) to (3) of the Act of 24 June 1926, No 103 Coll., on the adjustment of the pay and certain service conditions of civil servants (the Law of Payment).
(5) The provisions of Section 3 shall apply to municipalities whose territories have only partly been introduced into the territory of the exit and to their municipal undertakings.
(1) The Government may change the limits of the journey, or, in the case of the territory of the exit or part thereof, establish again a municipality or more municipalities. Paragraph 1 shall apply mutatis mutandis. If the territory of another municipality is completely taken over, the provisions of § 2 (1) to (4) shall apply mutatis mutandis.
(2) If a municipality reestablishes itself from the territory of the exit, the government shall decide which property is transferred from ownership or administration of the State to the ownership of that municipality or to the administration of its local national committee, after the property becomes public property. A similar measure may also be taken by the Government in the event of another change in the boundaries of the exit, in which part of the territory of the exit is added to the territory of the neighbouring municipality.
The establishment of the exit and its official name, the demise of the municipalities resulting from the establishment (extension) of the exit, after the re-establishment of the municipalities from its territory, and the date on which these measures become effective, shall be published by the Ministry of the Interior in the Official Journal.
Stay in the retreat.
A travel authorisation is required (§ 18), which may be withdrawn at any time. There is no appeal from his decision.
(1) Persons who, on the day of the establishment (extension) of the exit, are resident in its territory and do not receive a permanent residence permit or who are subsequently withdrawn from such authorisation, the military administration will transfer their cargo to a new residence in the territory of the Czechoslovak Republic, which will choose themselves within three months after the military administration has called them to leave the exit, after which they will be replaced by the necessary removal expenses at their choice. If the person concerned does not notify the military administration of his new residence within that period, the military administration may vacate his or her movable property for his or her cargo and deposit it in a place to be designated by him or her; in that case, it shall not be obliged to reimburse the party for the removal expenses.
(2) Persons who, as a result of the setting up (extension) of an exit, have ceased to reside in their territory or have been restricted in their professional business, will be compensated by the military administration for the damage caused to them and the loss of profit for a period of time before they acquire a new employment, but not more than six months. If the injured person refuses to accept the replacement employment offered to him by the military administration or at the initiative of another government sector, although it was fair to ask him to accept that replacement employment, the military administration's obligation to make up for lost earnings is reduced accordingly. The claim for compensation or loss of earnings may be applied to the military administration no longer than one year after the establishment (extension) of the exit (§ 4) and if there is a person who has been allowed to stay in the territory of the exit, no more than one year after the call for exit.
(3) If, in the cases of paragraphs 1 and 2 between the Parties, no agreement is reached, the Regional National Committee shall, at the request of either of them, decide.
Persons who have been forced to give up their previous gainful activities as a result of the setting-up of the exit shall have priority in authorising another gainful activity if they wish to start the business elsewhere. This shall be without prejudice to priority authorisations based on other provisions.
Real estate and rights in the territory of the exit.
(1) The date laid down by the Decree in the Official Journal of the Regional National Committee after the border of the exit has been set out in detail shall be the date on which they are transferred to the military administration of the property and to the rights of water in the territory of the departure, belonging to the State, including property acquired by the State by confiscation, nationalisation or under the rules governing the organisation of private property to land.
(2) The date laid down in paragraph 1 shall be nationalised in respect of the field of military management of immovable property and the rights to water within the territory of the exit, where they belong to persons other than the State. Where further provisions of this law refer to nationalised property and its former owners, this also means the nationalised rights to water and the persons to whom those rights previously belonged.
(3) All rights of third parties to real estate and water within the territory of the exit shall cease on the date fixed in accordance with paragraph 1, irrespective of whether they are registered in public books or not.
(4) The provisions of paragraphs 1 to 3 shall not apply to immovable property and rights incorporated in railway books.
(5) The competent Ministry shall agree with the Ministry of National Defence on what facilities in the territory of the exit will be maintained and operated by the military administration for reasons of public interest.
On the nationalisation pursuant to Section 8, paragraph 2, the military administration shall inform the existing owners of the real estate. If there is a dispute over the subject matter and the extent of nationalisation, it shall be decided by the District National Committee.
(1) If the property is not owned by the volumes of the People's Administration (§ 13 (1)), it is for the property to be acquired to be remunerated at the rate of its general price according to its status on the date of nationalisation, and if the property was used before that date (§ 16), according to its status on the date of commencement of use.
(2) When determining the refund, account shall also be taken of the damage suffered by the nationalisation by the beneficiaries, users, tenants or smugglers of the stateless property and which the former owner is obliged to replace.
(3) If only a part of the property has been nationalised, account will also be taken when determining the refund for the remainder of the property after nationalisation.
(4) In determining the refund, account shall not be taken of special circumstances or of particular popularity or of the value that the property obtains by the establishment of a exit; in particular, the ratios which were intended to be used as a reason for the application for an increase in the refund may not be taken into account.
(5) For real estate allocated (surrendered) under the provisions on the distribution of confiscated property or transferred property acquired for the purpose of land reform, the allocation price (taking-over) shall enter the place of the general price as the basis for determining the refund if it is lower than the general price. In the case of property which would otherwise have been taken over by the State under the rules on the organisation of private property to land, the basis for determining the compensation shall be that which would have belonged to the owner under those rules (the price of the taking-over or redemption).
(6) The refund shall normally be granted in cash, but may also be granted at the request of the party in other reasonable immovable property (right).
(7) Reimbursement in other reasonable immovable property (law) is granted mainly on property confiscated or acquired for land reform purposes. in so doing, the persons to whom the refund is granted shall be treated as other priority candidates.
The military administration shall enter into negotiations with former owners of stateless properties to determine the method and amount of compensation. If the negotiations do not end with an agreement within six months of nationalisation (§ 8 (2)), either party may contact the Regional National Committee for a decision.
(1) Compensation for nationalisation is payable under the Agreement and, if it has not been received, is payable within six months of the date on which the decision has become final.
(2) If the former owner of a statewide real estate does not demonstrate that persons whose rights to real estate are guaranteed by library records agree that the refund granted in cash should be paid directly to him, such compensation shall be paid to the library court, which shall set it out in an undisputed procedure according to the principles of the Rules of Enforcement (Law).
(3) The document referred to in paragraph 2 shall be given by a document on which the signature of the authorised person is certified by a court or notary or by a public document.
(1) The associations of the People's Administration shall not be compensated for their immovable property, established pursuant to § 8 (2). This provision shall not apply to their municipal undertakings.
(2) With persons whose rights to such property by the ties of the People's Administration (paragraph 1, first sentence) have expired under Paragraph 8 (3), the military administration shall open negotiations on the method and amount of compensation. The Government shall provide for a regulation establishing how such rights are to be established, whereby they may be forfeited. It shall in particular specify how and to what extent the State grants compensation for these rights.
(3) The provisions of other provisions under which rights to real estate and water in the territory of the exit cease to exist or are restricted or settled shall remain unaffected.
(1) Paragraph 13 (2) and (3) apply mutatis mutandis in respect of the rights of third parties to property and water in the territory of the exit which have passed from the degraded municipalities and their municipal undertakings to the State (§ 2 (2)).
(2) Paragraph 13 (2) and (3) also apply mutatis mutandis in respect of the expired rights of third parties (§ 8 (3)) to immovable property and water in the territory of the departure which belonged to the State on the date determined in accordance with § 8 (1), with the exception of property acquired by the State by confiscation or by private property arrangements; in respect of such assets, the special provisions on the settlement of claims on liabilities belonging to such assets shall remain unaffected.
The Government shall determine whether, to what extent and in what way, the State grants compensation to the National Recovery Fund or to the National Land Fund at the Ministry of Agriculture for assets that go into the military administration under the provisions of § 8 (1) and for real estate (rights), which will be provided as material compensation under § 10 (6) and (7).
Even before nationalisation, military authorities are entitled to enter and use all the necessary property in order to prepare for the establishment of a retreat. If these properties are not then taken into the territory of the exit, there is no special compensation for their use. Otherwise, the military administration may claim compensation for the use of the property and for the damage caused within one year of the date on which the military administration ceased to use it. If there is no agreement between the Parties on this refund, the Regional National Committee shall decide at the request of either of them.
Departure of plots of land from land books.
(1) Real estate (library rights) situated within the territory of the exit is not subject to registration in public books, subject to § 8 (4).
(2) On the proposal of the military administration, the library court shall write off the plot (s) of land (s) in the territory of the departure from the existing insert without defects, enter them in the list of lots and submit the list to the military administration.
(3) If all the parcels in the insert still included in the list are to be entered, the insert shall be cancelled.
(4) The Minister of Justice shall, in agreement with the Finance and National Defence Ministers, issue more detailed provisions for the implementation of the provisions of paragraphs 1 to 3. in so doing, it may derogate from the provisions of the General Library Law and the Rules of Procedure for Courts.
Departure management.
(1) An exit office shall be established at each exit. It is headed by a local administrator appointed by senior officers to serve as judicial officers and recalled by the Regional National Committee in agreement with the military administration. If no agreement is reached, the Ministry of the Interior shall decide with the Ministry of National Defence.
(2) The military administration will allocate the necessary number of staff to the Central Office. The Ústí Administrator shall be responsible for the proper management of the exit. In agreement with the Ministry of Interior, the Ministry of National Defence will issue guidelines for the management of the administration of the Ústí office.
(1) The central office shall carry out in its territory the tasks otherwise assigned to the local national committee.
(2) The Government may partially delegate by regulation:
(a) the tasks which the local national committee otherwise has with the office of departure to the district national committee;
(b) the tasks of the Regional National Committee to the office of departure.
(3) The Central Office is under the authority of the Ministry of National Defence. Without prejudice to the subordination of the service, the local authority in the field of general internal administration shall be subordinate to the same authorities as the local national committee and the relevant provisions on local national committees shall apply mutatis mutandis to the exercise of that administration.
The provisions on municipalities and their organs apply mutatis mutandis to departures and their organs.
(1) The municipal allowances, allowances, fees and benefits are not collected and in kind payments are not required.
(2) The costs of managing the exit as well as the performance of the commitments of the defunct municipalities, including their competitive obligations under the rules on school and ecclesiastical assets, are borne by the State (military administration), unless otherwise provided for in the second sentence of Paragraph 2 (3).
(1) The competent Ministry may, in agreement with the Ministry of Defence, provide that military administration is to carry out an economic or administrative activity within the territory of the exit, the exercise of which would otherwise be for someone other than military administration or national committees under the general rules.
(2) The provisions which make it necessary to change the way in which the property is used or to make any structural changes to a special official permit do not apply in the territory of the exit.
Financial and fee relief.
Real estate situated in the territory of the exit shall be exempt from taxes and benefits affecting their possession and proceeds.
(1) Duties and charges for official acts in administrative matters shall be exempt from legal proceedings, documents and official acts where they are required in connection with the establishment of a departure
(a) to regulate the legal situation of municipalities and municipal undertakings which have died or affected by the establishment of an exit;
(b) to settle claims under this law;
(c) to establish rights in kind replacing rights which have ceased to exist pursuant to Paragraph 8 (3) and to register them in other immovable property of the same owner; and
(d) to take up or commence the pursuit of an occupation of persons who, by the setting up of an exit, have ceased their residence in its territory or have been confined to their professional activities.
(2) If a person who has owned real estate on the territory of a country that has been nationalised acquires other real estate from the State, such transfer shall be exempt from charges if the value of the newly acquired real estate is not greater than the value of the state property (compensation for such real estate granted). If the value of the newly acquired property is greater, the transfer shall be subject to the real estate charge only on the basis of the difference between the two values, at the rate according to the amount of that difference. Up to an amount not exceeding one-third of the value of the nationalised property (compensation for the transferred property), the fee shall be half the amount.
(3) The provisions of paragraph 2 shall apply mutatis mutandis to transfers by which, within two years from the date of nationalisation at the latest, the person whose real estate has been nationalised shall acquire real estate from a person other than the State.
(4) The transfers referred to in paragraphs 2 and 3 shall also be exempt from the municipal benefit from the increase in the value of real estate.
(5) The concessions provided for in paragraphs 1 to 4 also apply to legal acts, documents and official acts which took place prior to the application of this Act in connection with the establishment of military training camps (§ 26, paragraph 1).
General and transitional provisions.
Military administration under this Act shall mean the Ministry of National Defence or the authority entrusted with that Ministry. In any event, submissions relating to the establishment of an exit to the military administration may be made at the office of departure.
(1) The Government's resolution and the Assembly's resolution of delegates on the establishment of military training camps that took place prior to the application of this Act have the effect of the Government's resolution on the establishment of exits under this Act (§ 1, paragraph 1).
(2) In cases where measures have already been taken prior to the application of this Act which are in conformity with its provisions, they shall pay for the measures taken under this Act. In particular, the procedure provided for in Paragraph 1 (3) in cases where the boundaries of the existing military training camps have already been established and established before the application of this Act.
The persons concerned by the preparations carried out to set up exits with which the military administration had already entered into an agreement to compensate them for the damage caused to them prior to the application of this law, are not liable for the same damage under Section 6.
This Act shall take effect on the day of its publication; It shall be implemented by the Home and National Defence Ministers in agreement with the Finance and Justice Ministers and other participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Maj-Gen Svoboda v. r.
Nosek v. r.
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Regulation Information
| Citation | Act No. 169 / 1949 Coll., on Military Departures |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.07.1949 |
|---|---|
| Effective from | 02.07.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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