Government Decree No. 17 / 1950 Coll.
Order on investment certificate for buildings for 1950
Valid
Effective from 01.01.1950
17.
Government Regulation
of 7 March 1950
on an investment certificate for buildings for 1950.
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 1950 (new and built-up), an investment certificate for the construction for 1950 (hereinafter referred to as the "investment certificate ') is needed. The managers of the sub-investment amounts (paragraph 2), the Regional National Committees and the Investment Bank, the national firm, shall monitor the implementation of the construction investment plan.
(2) The managers of the sub-investment amounts ("AIFMs") are:
(a) in the case of buildings centrally planned, the competent central authorities or central authorities of the construction industry. The list of such administrators shall be published by the State Office of Planning on the relevant official list. The central authorities may, in agreement with the State Planning Office, entrust other central authorities or central authorities of the economic sectors with a decree in the relevant official document to perform the functions of trustees for them;
(b) for constructions of the county of the planned regional national committees responsible for the place of construction.
(3) The construction referred to in paragraph 1 shall mean:
(a) works which are included in the implementation plan for construction investments for 1950;
(b) the buildings for which the registration sheet for construction investments was issued in 1949, pursuant to Decree 3535 / 1948 of the Ministry of Technology No. l. I, on the registration sheet for construction investments, and which continued after 1 January 1950 without being included in the implementation plan for construction investments for 1950,
(c) the buildings listed in the list of new buildings drawn up by the Ministry of Technology for the first quarter of 1950 but not included in the implementation plan for construction investments for 1950.
(4) Until the investment certificate is issued for the construction, no permit to carry out the construction may be granted; However, management under construction or other rules may be carried out before the investment note is issued.
(5) Without an investment certificate, in 1950 only:
(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) works for investments included in the implementation plan for non-construction investments for 1950.
Evidence and control.
(1) AIFMs shall monitor the implementation of the construction investment plan by economic sector using the investment notes, taking into account their investment amounts.
(2) The Regional National Committees shall in particular:
(a) if the construction corresponds to economic development according to the regional package and meets the spatial planning aspects;
(b) if the planned number of workers is ensured.
(3) An investment bank, a national firm (hereinafter referred to as "the Investment Bank") makes the investment amounts of construction investments of all economic sectors and sectors apparent in accordance with the directives issued by the State Office planning in agreement with the Ministry of Finance and Technology and performs, by means of the investment notes, a substantive check of the implementation of the construction investment plan. For buildings for which the Investment Bank does not provide an investment loan (for example, for buildings financed from the State Budget and for construction of certain cooperatives and individuals), the Investment Bank shall communicate the financial information required of it to the financing sites (government, constitution of the People's Money.)
Production of investment certificates.
(1) An investment note may be drawn up only if:
(a) a construction project is drawn up,
(b) preliminary calculations of costs are drawn up,
(c) the provision of financing; and
(d) a contract for the implementation of the construction, determining its scope, as well as the amount and period for which it is to be carried out, shall be negotiated as short as possible.
(2) For works for which, under the rules on the calculation of costs in construction undertakings, preliminary calculations of costs need not be drawn up, it is sufficient that the conditions laid down in paragraph 1 (c) and (d) are met.
(3) The investment note shall be drawn up by a construction worker in accordance with a model to be declared by the State Office of Planning in the relevant official document, in cooperation with the plant to which the construction was commissioned (hereinafter referred to as "the plant"), in six copies.
Provisional investment note.
(1) If the project or preliminary calculation is not yet drawn up, the investment note may be drawn up on a provisional basis. The contractor's contractual obligation is that within a period corresponding to the Ministry of Technology's directives on the compilation of quarterly building plans will deliver the project to the plant, after its missing part. This period should be indicated in the provisional investment note.
(2) Provisional investment note may be issued
(a) for buildings built-up which are converted into a construction investment implementation plan for 1950. In such cases, the provisional investment note for the buildings to be completed in 1950 shall be valid until 30 June 1950; the provisional investment note for other buildings shall be valid until 31 August 1950;
(b) exceptionally for new constructions, provided that the Ministry of Technology has given its approval on a proposal from the Central Office, which is factually competent for the builder. In such a case, the Ministry of Technology shall also determine the period of validity of the provisional investment certificate.
(3) The provisional investment note shall be drawn up in accordance with the same model as the ordinary investment note. The designation "provisional 'shall be explicitly indicated in the heading. Before the expiry of the period of validity (paragraph 2), the provisional investment note shall be replaced by a regular investment note, headed by the registration number of the Investment Bank, registered on the provisional investment note.
(4) For buildings already completed on the day of publication of this Regulation and for the buildings referred to in Article 3 (2), a provisional but regular investment note shall not be drawn up.
Investment leaf proceedings.
(1) The builder will send an investment certificate for the construction of the region, planned in six copies to the administrator. The investment certificate for the construction of a centrally planned building shall be sent in five copies to the administrator and at the same time one copy to the Regional National Committee in whose area the construction is carried out. The investment notes for the buildings to be included in the construction plan for the first and second quarters shall be sent by 15 April 1950, by 15 May 1950 and by the fourth by 15 July 1950 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.
(2) If it is a centrally planned construction, the Regional National Committee (paragraph 1) shall send a statement to the competent administrator whether or not it agrees to implement the construction (Paragraph 2 (2)); the objections raised shall be duly substantiated. If the Regional National Committee does not express itself within 8 days of the date on which it received the investment certificate, it shall be deemed to have no objection. Later, the administrator may no longer heed the objections sent.
(1) The AIFM shall examine the accuracy and completeness of the information in the investment documents and, where appropriate, arrange for them to be supplemented. It shall ensure that the sum of the amounts shown in all investment certificates issued by the same sector does not exceed the investment amount fixed by the construction investment plan for that sector. Until this amount is reached, the AIFM shall process the investment certificates as follows:
(a) the investment notes for the buildings listed in the implementation plan for construction investments for 1950, if they contain amounts not exceeding the amount of the investment authorised by name and if the Regional National Committee does not object to the provisions of Paragraph 2 (2), it shall take note within 14 days;
(b) the other investment certificates shall either be approved or refused approval within 14 days. It shall refuse approval of investment certificates for construction works other than those referred to in Paragraph 1 (3). The investment notes for the buildings referred to in Article 1 (3) (b) and (c) whose continued implementation has been halted shall be approved by the administrator only in respect of the amounts of the construction costs incurred in 1950 until the date of the construction is stopped, after the cost of the construction being stopped. The amount shown in the investment notes may otherwise be reduced by the AIFM only if it also instructs the builder to make a more economical design or reduction of the proposed material size of the construction. Before reducing the amount, the administrator shall request the opinion of the central authority of the relevant construction sector in view of the economic implementation of the buildings.
(2) If the Regional National Committee objects to the implementation of the construction (Paragraph 2 (2)), the AIFM shall discuss the investment sheet within 3 weeks of receiving it. If the opposition is satisfied, it shall refuse to approve the investment note. If the AIFM does not comply with the objections, the investment note may be taken into account or approved only if the Ministry responsible for the construction industry so agrees in agreement with the State Planning Office.
(3) Once the sum of the amounts shown in the investment notes issued by the same economic sector has reached the amounts set out in the construction investment plan for that economic sector, the AIFM shall refuse approval of the 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 is carried out.
(1) The AIFM shall send investment certificates which it has noted or approved to the Investment Bank. The investment bank shall confirm by attaching 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 investment 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 in whose area the construction is being carried out and if the construction is to be carried out by a regional body of the relevant economic sector.
Construction permit.
(1) In order to be granted the construction or other necessary permit, the builder shall submit to the competent authority an investment certificate certified by the Investment Bank in accordance with Section 7 (1).
(2) The Office which issues construction permits in accordance with the construction rules will also send a copy of its decision on the construction permit, following the amendment of such permits, to the Regional National Committee.
Change in the investment list.
(1) Where there is a need for a change in the scope of the construction or in construction cargo after the investment note is issued, a new investment note shall be drawn up; in its heading, it shall be noted that it is a change to an earlier investment note and the registration number of the Investment Bank indicated on that sheet shall be indicated. The procedure is governed by the provisions of Sections 5 to 7, with the exception of the provisions of Section 5 (1) on time limits.
(2) The change of the investment note for buildings for which, as a result of the acceleration of construction works, the amount of construction costs is to be exceeded for 1950, without altering the total construction costs, shall be decided by the administrator in accordance with the instructions which he requests from the planning office of the State through the competent central office.
Cancellation of the investment note.
(1) The State Office of Planning or the Ministry of Technology may, by mutual agreement and after hearing the relevant Ministry and the Regional National Committee, cancel the investment certificate for any construction, provided that there are urgent reasons for doing so and that this does not result in disproportionate damage under the condition of the construction. The administrator shall be informed of the cancellation.
(2) The Trustee shall cancel the investment sheet for the new construction, unless it was included in the construction plan in 1950.
(3) The AIFM shall notify the cancellation of the investment note in accordance with paragraphs 1 and 2 of this Article and the Investment Bank of all the locations to which it has sent it pursuant to the provisions of Section 7 (2).
Amendment of the implementation plan for construction investments.
The approval, amendment or revocation of an investment note under the previous provisions, should this change the implementation plan for construction investments for 1950, may only be subject to the conditions laid down by the government resolution establishing the plan.
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 take effect on 1 January 1950, with the exception of the provisions of Sections 1 (4) and 8, which shall take effect on 15 May 1950; they shall be implemented by the Minister-President of the State Office planning them in agreement with the Ministers of Technology and Finance and other participating members of the Government.
Zaporocký v. r.
Dr Dolansky v. r.
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Regulation Information
| Citation | Government Decree No. 17 / 1950 Coll., on the investment certificate for buildings for 1950 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.1950 |
|---|---|
| Effective from | 01.01.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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