Decree No. 175 / 1947 Coll.
Regulation on compensation for personal actions and transactions in kind
Valid
Effective from 05.11.1947
175.
Government Regulation
of 21 October 1947
on compensation for personal actions and transactions in kind.
The Government of the Czechoslovak Republic orders pursuant to § 88, § 2, § 155, § 1, 2 and 4 and § 159, 160 and 197 of the Act of 13 May 1936, No 131 Coll., on State Defence ("the Act '):
Official fixing of refund rates for the use of movable property and the official fixing of prices for such funds.
(1) The regional and provincial national committees in Slovakia responsible for the use of the various types of movable assets under Section 151 (2) of the Act are authorised to determine the rates of compensation. These rates may be officially determined, if the nature of the matter so permits, also uniformly for the whole or part of the national territory, exceeding the circumference of one national committee (the authority responsible for the interior), by the Ministry of Defence in agreement with the participating ministries and the highest price authority.
(2) In the absence of any adjustment to the rates referred to in paragraph 1 and where, for compensation for the use of goods, the rates are officially fixed either by government regulations or by regulations issued pursuant to Paragraph 100 of the Act, or, as regards the means of transport required under Paragraph 89 of the Act, by regulations issued to adjust the rates (refunds) using means of transport at the time of the State's defence, by implementing the Act of 13 May 1924, No 117 of the Coll., on the requirement of means of transport for military purposes, as amended by the Act of 4 February 1936, No 25 of the Coll., or by the regulations issued by the Supreme Bureau of Price, these rates shall apply at the same time for the fixing of compensation for use under Paragraph 151 of the Act.
In order to determine the official price of movable assets taken over (Section 152 (2) of the Act), the provisions of Section 1 shall apply mutatis mutandis.
Provisions on compensation granted for damage to real estate.
The terms and conditions of the parties to the actual use of compensation for property damage for the renewal of the property shall be laid down, amended and repealed (it shall be withdrawn) on a proposal from the Commission on compensation, the Ministry of Defence in agreement with the participating ministries.
If the conditions laid down in Paragraph 7 are met, compensation for property damage granted to the property holder shall not be paid immediately in full, but payment shall be made in reasonable instalments in accordance with the procedure of the work carried out to restore the damaged property.
(1) The County National Committees are responsible for the fulfilment of the conditions set out in Section 7 and are entitled to give the necessary orders to the holders of the real estate concerned.
(2) The holders of real estate to whom the conditions laid down in Article 7 have been imposed are required to submit proof to the district national committee that they have begun work on the renewal of the damaged property, if it is properly continued. The District National Committee shall examine these documents and shall satisfy itself, after having received the expert, on the progress of the work on the spot. According to the outcome of this investigation, the Land National Committee (entrustment of the Interior) will then submit, after the Ministry of Defence, a proposal by the parties to the payment note for the corresponding reimbursement.
(1
(2) However, if the property is damaged by the rights of third parties, registered in public books and having a monetary value, the refund shall be paid to the holder only if he provides proof that the persons to whom those rights are due agree to be paid directly; otherwise the compensation shall be lodged with the court, which shall then set it out in an undisputed procedure according to the principles of the Rules of Enforcement (§ 147, paragraph 5 of the Law).
Final provisions.
The applicability of the Government Decree of 28 October 1938, No. 262 Coll., on compensation for personal acts and transactions in kind, is hereby revoked.
This Regulation shall enter into force on the day of its publication; they shall be carried out by the Minister for National Defence in agreement with the ministers involved.
Gottwald v. r.
Dr Zenkl v. r.
Ursines v. r.
Broad v. r.
Maj-Gen Svoboda v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr Stránská v. r.
Dr Drtina v. r.
Kopecký v. r.
Děuriš v. r.
Wasted v. r.
Dr Pietor v. r.
Ing. Kopecký v. r.
Dr. Unedible v. r.
Dr Procházka v. r.
Majer v. r.
Dr Franek v. r.
Dr Clementis v. r.
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Regulation Information
| Citation | Decree of the Government No. 175 / 1947 Coll., on Reimbursements for Personal Acts and Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.11.1947 |
|---|---|
| Effective from | 05.11.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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