Decree No. 183 / 1949 Coll.
Regulation on compensation for damage caused by the implementation of protective measures against diseases communicable to humans
Valid
Effective from 21.07.1949
183.
Government Regulation
of 7 July 1949
on compensation for damage caused by the implementation of protective measures against diseases transmissible to humans.
The Government of the Czechoslovak Republic hereby orders, pursuant to Sections 25, 4 and 26 of the Act of 20 March 1948, No 60 Coll., on combating diseases communicable to people (hereinafter referred to as "the Act"):
(1) The State (Health Administration) will provide compensation for earnings lost as a result of protective measures ordered and implemented under the provisions of the law or regulations issued pursuant to it (hereinafter referred to as the "Protection measure") to persons for whom the sum of the annual pension, together with the retirement of the persons liable, does not exceed CZK 72.000. This amount is increased by 3.600 CZK for each additional member of the family who is entitled to nutrition.
(2) The working income to be paid shall be reimbursed in full if the refund thus granted does not exceed, together with any other income of the damaged amount of CZK 36.000 per year. The amount of 36.000 CZK shall be increased by 3.600 CZK for each additional member of the family entitled to nutrition.
(3) Where the beneficiary is entitled under other rules to compensation for lost earnings against a third person, the State (health administration) shall grant him only a supplement to the extent specified in paragraph 2.
(1) The working earnings paid under this Regulation shall be the amount which a person injured by the implementation of a safeguard measure (the injured person) would have earned if the safeguard measure had not been implemented.
(2) The following shall be taken as the basis for determining the loss of earnings referred to in paragraph 1:
(a) for staff members, the average working earnings for the last settlement period, prior to the safeguard measure, with the exception of compensation for final expenses;
(b) for apprentices, an education allowance;
(c) in the case of domestic workers, the average remuneration for the last calendar year, with the exception of compensation for the final costs;
(d) in the case of self-employed persons, an amount corresponding to the income provided for by the appropriate wage arrangements for employees so qualified as to represent the undertaking's management entrepreneurs;
(e) for farmers, an amount corresponding to the annual assessment basis laid down by the Decree of the Ministry of Labour and Social Welfare, issued pursuant to Paragraph 20 (3) of the Act of 15 April 1948, No 99 Coll., on National Insurance,
(f) for co-operating family members, an amount corresponding to the income which would be paid by the employee to whom the co-operating family member replaces, but not more than the amount fixed under (d) or (e).
(3) The working earnings spent shall be calculated by dividing the base (paragraph 2) by the number of calendar days of the period concerned and multiplying the result by the number of calendar days in which the safeguard measure was implemented.
(4) In cases of special consideration, in particular with regard to the social circumstances of the injured party, the Regional National Committee may allow amounts other than those referred to in paragraph 2 to be taken into account when determining the loss of earnings.
For objects which cannot be used for their original purpose because they have been damaged or destroyed in the implementation of protective measures ordered under § 16 (2) to (4) of the Act, the State (Health Administration) shall reimburse their owner in accordance with other provisions.
The refund shall be granted at the rate of the difference between the general price of the article before and after implementation of the safeguard measure. In doing so, no account shall be taken of any impairment in the value of the article resulting from the suspicion that the article maintains the embryos of a communicable disease.
(1) No refund is granted
(a) for articles owned by the State, the bundles of the People's Administration, their institutes, undertakings and funds, as well as those managed by them;
(b) for objects which have been treated in contravention of a safeguard measure ordered under Article 9 of the Act.
(2) The right to compensation is not for the injured party,
(a) which has acquired an object, knowing or, as the case may be, having known, that it has kept the embryos of a communicable disease or that it should have been disinfected;
(b) which acted against the provisions of the law or regulations issued pursuant to it in the case of a communicable disease for which disinfection has been carried out (destruction of an article).
(1) The claim for compensation for damage caused by the implementation of the safeguard measure is registered on a special form, the model of which will be published by the Ministry of Health in the Official Journal. The application shall be decided by the district national committee which ordered the implementation of the safeguard measure.
(2) In cases of special consideration, in particular where the feeding of the injured person or his family members entitled to nutrition is at risk, the district national committee may, upon request of the injured party, grant an appropriate advance on the damages caused by protective measures for their implementation. However, the advance may not exceed the working earnings lost until the date on which they were provided, after the general price of the object damaged or destroyed by the disinfection.
This Regulation shall enter into force on the day of its publication; they shall be carried out by the Minister for Health in agreement with the Ministers involved.
Zaporocký v. r.
Plojhar v. r.
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Regulation Information
| Citation | Government Decree No. 183 / 1949 Coll., on compensation for damage caused by the implementation of protective measures against diseases communicable to people |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.07.1949 |
|---|---|
| Effective from | 21.07.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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