Decree of the Ministry of Finance, Slovak Socialist Republic No. 184 / 1969 Coll.
Decree of the Ministry of Finance of the Slovak Socialist Republic determining the scope and conditions of statutory insurance of socialist agricultural organisations
Valid
Effective from 01.01.1970
184
DECLARATION
Ministry of Finance
Slovak Socialist Republic
of 29 December 1969
determining the scope and conditions of statutory insurance of socialist agricultural organisations
The Ministry of Finance of the Slovak Socialist Republic, in agreement with the Ministry of Agriculture and Nutrition and other relevant central authorities of the state administration, provides, pursuant to Section 9 of the Insurance Act No. 82 / 1966 Coll. as amended by Act No. 162 / 1968 Coll.:
SCOPE OF THE LEGAL INVESTMENT
Legal insurance of state goods and single agricultural cooperatives in the event of damage to property covers damage or destruction
1. buildings, silage towers and Senate towers, boundary walls and fences (hereinafter referred to as "buildings");
2. cereals, leguminous vegetables, oil, fibre plants, copanine, medicinal, aromatic and root plants, hops, tobacco, vegetables, vines and fodder plants (hereinafter referred to as "agricultural crops"),
3. stocks from the agricultural organisation's own production;
4. machinery, other equipment and other dead inventory as well as stocks not produced by the agricultural organisation ("movable goods"),
5. livestock and other animals (hereinafter referred to as "animals")
(a) by fire,
(b) by explosion,
(c) lightning,
(d) by storm,
(e) floods or floods;
(f) hail;
(g) landslides, rocks or soil falling (if not related to industrial or construction operations);
(h) by sliding or falling avalanches; or
(i) the fall of trees, masts and other objects if they are not part of the damaged insured item.
Legal insurance also covers damage or destruction
(a) construction by weight of snow or frost;
(b) fibre plants, potatoes, tobacco and vegetables (except winter vegetables) shall not freeze between 21 March and 20 June;
(c) winter cereals, winter rapeseed and silage by freezing;
(d) Peronospore tobacco.
To the extent set out in Sections 1 and 2, socialist agricultural organisations listed in the Annex shall also be insured.
INSURANCE FOR LEGAL INSURANCE
Determination of premiums
(1) The premium shall be fixed per calendar year.
(2) The basis for determining premiums is:
(a) for buildings
- their cost;
(b) for crops:
- the value of the planned quantity of harvest of each crop species, expressed in terms of the price to be determined by the agricultural organisation in the range of the buying-in prices applicable to each crop species, or, if the buying-in price is not declared for any type of crop, the price set by the Ministry of Agriculture and Nutrition for this purpose; *)
(c) own-production stocks
- the value of stocks from own production, expressed at the same prices as (b);
(d) for movable goods:
- purchase price of movable goods;
(e) in animals
- the value of the planned gross livestock production.
(3) The quantities planned for the harvest of each type of agricultural crop (paragraph 2 (b)) and the value of the planned gross livestock production (paragraph 2 (e)) are collected from the annual production plan of the agricultural organisation for the calendar year concerned. The purchase price of buildings [paragraph 2 (a)], the quantity of stocks from the agricultural organisation's own production [paragraph 2 (c)] and the purchase price of movable property [paragraph 2 (d)] shall be collected from the farm records according to the condition on 1 January of the year for which the premium is set.
(4) Where an agricultural organisation is established during a calendar year, the supporting documents for determining premiums shall be collected at the date of establishment of the organisation.
(5) If the agricultural organisation changes the planned area of multi-annual fodder crops grown for seed after the information referred to in the previous paragraphs has been established, it shall notify the insurance undertaking in writing for adjustment of the premiums without undue delay, no later than 8 days.
Amount of premiums
The premium shall amount to the price or value of each 100 CZK determined in accordance with Section 4:
| Kčs | |
|---|---|
| a) stavby [§ 4 odst. 2 písm. a)] | |
| - obytné a školní | 0,06 |
| - senážní a silážní věže | 0,10 |
| - ostatní | 0,12 |
| b) zemědělské plodiny [§ 4 odst. 2 písm. b) ] | |
| - obilniny. | 2,60 |
| - luštěniny | 3,40 |
| - olejniny a přadné rostliny | 3,80 |
| - okopaniny | 2,10 |
| - léčivé, aromatické a kořeninové rostliny | 3,30 |
| - chmel | 5,70 |
| - tabák | 15,- |
| - zelenina | 4,30 |
| - vinná réva | 8,- |
| - pícniny na semeno | 2,70 |
| - pícniny na orné půdě | 2,- |
| - ostatní pícniny | 1,- |
| c) zásoby, movité věci [§ 4 odst. 2 písm. c) a d)] | 0,18 |
| d) zvířata [§ 4 odst. 2 písrn. e) ] | 0,12 |
Calculation and payment of premiums
(1) The insurance undertaking shall calculate the premium for each calendar year. The insurance premium shall be calculated for the period from the start to the end of the calendar year for organisations that have been incurred during the year.
(2) The premium is payable in three instalments, the first 20% by 31 May, a further 30% by 31 July (in mountain and submountain areas by 31 August) and the remaining 50% by 30 November each year.
(3) If the agricultural organisation is late in paying the premiums, it shall pay the insurance premium of 1 / 2 per million of the amount due for each day of delay, starting on the 10th day after due; a fee of less than 100 CZK is not required. In cases of special consideration, the insurance undertaking may waive all or part of the late payment.
IMPLEMENTATION OF INSURANCE
1. Construction
(1) If the construction of an event referred to in § 1 or § 2 (a) has been damaged or destroyed, or directly related to such an event, the insurance undertaking shall pay an amount corresponding to the reasonable cost of rectifying or rectifying the construction, reduced by the degree of wear or other deterioration from the period before the event. It shall deduct from the amount thus determined the price of residues of damaged or destroyed parts of the construction.
(2) The insurance undertaking is not obliged to pay if the amount of the compensation for all the construction of an agricultural organisation resulting from or directly related to the same insurance event does not exceed a total of CZK 1000.
For damage or destruction of unfinished buildings, the insurance undertaking is required to comply with Article 7 only if the agricultural organisation carries the risk of damage or destruction of such construction from its own.
2. Agricultural crops
(1) If the agricultural crop has been damaged or destroyed by an event referred to in § 1 or § 2 (b) and (d), or in direct connection with such an event, during the period from the seed or planting of the seed to the harvest storage, the insurance undertaking shall comply with the following principles:
(a) in cooperation with the agricultural organisation, establish the extent of damage to the agricultural crop on the parcel continuously sown or planted according to the state of the culture before the insurance event;
(b) calculate the yield of this parcel according to its area and yield per hectare planned by the agricultural organisation for the type of crop concerned; where the yield of this type of crop has not been planned, the calculation shall be made on the basis of a hectare yield planned by another agricultural organisation with similar production conditions;
(c) on the basis of the yield calculated, the reduction in agricultural crop quantities shall be determined by the same percentage as the extent of its damage;
(d) the quantities found to be lost shall be expressed in the price on which, pursuant to Article 4 (2) (b), premiums for the type of crop concerned were calculated. If the affected crop has not been declared in the plan, the applicable purchase price of the basic quality and, where applicable, the price determined by the Ministry of Agriculture and Nutrition shall be used for the calculation of the performance.
(2) The amount determined in accordance with the preceding paragraph shall be paid by the insurance undertaking after deduction of the usual costs of the treatment, harvesting and further processing of the affected crop, which was no longer required.
(3) Where a replacement crop has been grown for a damaged crop, the yield of which, after deduction of the costs of its cultivation, harvest and further processing, is lower than the insurance undertaking would have been obliged to pay for the original damaged crop referred to in paragraphs 1 and 2, shall be required only at the rate corresponding to that difference. This applies mutatis mutandis even if the replacement crop has not been grown, although the agri-technical principles and objective conditions have made it possible. For the calculation of the yield of the replacement crop, the same price as would be used in the calculation of the transactions referred to in paragraph 1 (d) shall be used.
(4) If vines or hops have been destroyed, the insurance undertaking shall, in addition to the performance referred to in the preceding paragraphs, pay the costs needed to replant them.
(5) If the agricultural crop has been damaged or destroyed when transported from the parcel on which it was grown, the performance of the insurance undertaking shall be determined in accordance with Articles 14 and 15.
(6) If the agricultural organisation has not declared an increase in the area of multi-annual fodder crops grown for seed in accordance with Article 4 (5) compared with the area under which the premium was determined, the insurance undertaking shall provide the performance in proportion to the proportion in which the premium is initially set for the premium which it would be entitled to fulfil the reporting obligation of the agricultural organisation.
According to Section 9, the insurance undertaking is only obliged to comply if the extent of damage to the main or secondary parts of the crop on the land continuously sown or planted with the same type of agricultural crop reaches at least 10%.
(1) If, as a result of the events referred to in Sections 1 and 2 (b) and (d), or in direct connection with such an event, the quality of the early potatoes, vegetables, tobacco, hops and fibre plants has deteriorated and the achievement of the implementation price is therefore lower than that on which, pursuant to Section 4 (2) (b), the insurance undertaking is obliged to pay this difference. The remuneration shall not be paid for deterioration in the quality for which the performance has already been provided in the context of the performance referred to in Paragraph 9.
(2) According to the same principles, the insurance undertaking is obliged to comply if the harvest of early potatoes and vegetables is delayed.
(1) In the event of damage caused by freezing (§ 2 (c)), the insurance undertaking is obliged to pay the costs of the seed used for sowing the affected crop and the necessary costs of the work linked to the resowing or resowing.
(2) According to the previous paragraph, an insurance undertaking shall only be obliged to comply if the extent of the damage caused by freezing on the land, continuously sown with the same type of agricultural crop, is at least 10% for winter cereals and winter rape and for multi-annual fodder crops of such a degree that the crop must be sown on that parcel or part thereof.
Paragraph 9 on the determination of the amount of the supply does not apply if vegetable, tobacco or other crops have been destroyed and the insurance event occurred before the planting was transferred to the final post; In such cases, the insurance undertaking shall be obliged to pay up to the amount of the costs incurred before the insurance event for planting, but not more than the amount corresponding to the price at which the new seed may be purchased.
3. Stocks from the agricultural organisation's own production
(1) Where the crop stock from the agricultural organisation's own harvest has been damaged or destroyed by the event referred to in Article 1, the insurance undertaking shall pay an amount corresponding to the price of the quantity by which the stock has decreased.
(2) The price referred to in paragraph 1 shall be that which was based on the determination of premiums.
(3) Where stocks of goods other than crops from their own harvest have been damaged or destroyed, but produced by the agricultural organisation itself, the insurance undertaking will pay the costs of repairing the damaged goods and, where appropriate, the acquisition of new goods, up to a maximum of the costs to be incurred for the production of those goods. If production costs would exceed the price at which the agricultural organisation would sell these items, the insurance company would only pay this price.
(4) The insurance undertaking shall deduct from the amount determined in accordance with the preceding paragraphs the price of the residues and the amount determined in accordance with paragraph 1 the amount by which the costs of treatment and further processing have been reduced which would otherwise have to be incurred.
(5) According to the previous paragraphs, the insurance undertaking is also obliged to comply if the matter has been damaged, destroyed, lost or stolen in direct connection with an event referred to in § 1.
The insurance undertaking shall not be obliged to comply if the amount of compensation for damage to all stocks of the agricultural organisation arising from or directly related to the same insurance event does not exceed a total of CZK 1000.
4. Matters
(1
(2) However, if the case was damaged in such a way that it could not be corrected before or destroyed, the insurance undertaking is obliged to pay an amount at the price immediately before the insurance event.
(3) The price that the case had immediately before the insurance event shall be determined by deducting from the purchase price of a new item of the same kind and of the same quality or comparable item the amount of wear or other deterioration of the insured item from the period before the insurance event.
(4) The insurance undertaking shall deduct the price of the remainder of the item from the amount determined in accordance with the preceding paragraphs.
(5) According to the previous paragraphs, the insurance undertaking is also obliged to comply if the movable item has been damaged, destroyed, lost or stolen in direct connection with an event referred to in § 1.
(1) The insurance undertaking is not obliged to pay if the amount of compensation for damage to all movable property of the agricultural organisation arising from or directly related to the same insurance event does not exceed a total of CZK 1000.
(2) If the insurance event concerns money, the insurance undertaking shall only be obliged to comply with it if the agricultural organisation carried it in accordance with the rules on treasury operations,
(a) without restriction if they were deposited in a fire-resistant treasury;
(b) up to a maximum of 10 000 CZK in other cases.
5. Animals
(1) If an animal has been killed or died in direct connection with any of the events referred to in Section 1, it has necessarily been slaughtered or lost, the insurance undertaking is obliged to pay an amount corresponding to the price that the animal had immediately before the insurance event; This amount shall be reduced by the price of residues.
(2) The insurance undertaking is not obliged to pay if the amount of compensation for all animals of the agricultural organisation resulting from or directly related to the same insurance event does not exceed a total of CZK 1000.
6. Special cases of compliance
(1) Where an agricultural organisation has taken measures which it may have considered necessary, in view of the circumstances of the case, to avert an imminent threat of an insurance event or which has taken action to mitigate the consequences of an insurance event, the insurance undertaking shall bear the costs it has incurred for such measures if they are proportionate to the price of the insured item.
(2) However, the insurance undertaking shall not be obliged to pay the costs of the usual maintenance or treatment of the insured item. It shall also not be obliged to pay the costs of transporting animals or meat of animals necessarily slaughtered to a slaughterhouse.
The insurance undertaking shall reimburse the agricultural organisation for the reasonable costs it has incurred for reasons of safety, hygiene or other social or similar interest in disposing of the remains of the insured item, damaged or destroyed by an insurance event.
COMMON AND FINAL PROVISIONS
(1) The agricultural organisation is required to report in writing to the insurance undertaking that an insurance event has occurred without undue delay, but no later than 8 days after the date on which it became aware; on request, the insurance undertaking is required to submit the documents necessary to determine the extent of the insurance claim.
(2) Insurance workers are investigating the causes of the damage and its extent for the cooperation of the agricultural organisation. The results of this finding shall be recorded and signed by both parties; one of its copies shall be kept with the agricultural organisation.
Where the agricultural organisation has infringed the obligations laid down by law to protect property against damage or the obligations laid down in Article 21( 1) and where this has had an impact on the occurrence of an insurance event or on the extent of its consequences, the insurance undertaking shall be entitled to reduce the performance by a maximum of 20%; However, if the infringement was conscious or if the insurance undertaking did not comply with the required correction, the insurance undertaking shall be entitled to reduce the performance by up to 50%.
(1) The investigation necessary to establish the extent of the insurance undertaking's obligation to comply must be carried out without undue delay and end with the signature of the final declaration in the minutes made pursuant to Article 21 (2). The performance of the insurance undertaking shall be due within 15 days of the signature of the final declaration.
(2) If the investigation cannot be completed within one month of the insurance undertaking's knowledge of the insurance event, the insurance undertaking shall provide an appropriate advance to the agricultural organisation within 15 days of the date on which the agricultural organisation applied for the advance.
(3) Where an insurance undertaking is late-paid, it shall pay the agricultural organisation a fee of 1 / 2 per million of the amount due for each day of delay, starting on the tenth day after due; a fee of less than 100 CZK shall not be paid.
The amount to be reported in column 060 of this row: In § 6 and in § 23 it is possible to offset by offsetting.
(1) For the purposes of this decree, the property referred to in Article 1 is the property which the agricultural organisation:
(a) is owned or administered;
(b) be permanently used in accordance with the provisions governing the management of national property;
(c) uses, on the basis of a measure issued under Government Decree No. 50 / 1955 Coll., on certain measures to ensure agricultural production,
(d) it uses a case with its owner (controller) which is not covered by statutory insurance under the temporary use agreement.
This property includes agricultural crops grown by an agricultural organisation.
(2) For damage to the matters referred to in paragraph 1 (d), the insurance undertaking shall be liable only if the agricultural organisation is obliged to make good the damage caused by the insurance event to the owner (s) of the case. The performance shall not exceed the compensation which the agricultural organisation is obliged to pay to the injured party.
If the insurance covered by this Order is not covered by this Order, the insurance shall be governed by the provisions of the Civil Code, the Economic Code and the regulations issued for the implementation of these laws for insurance. *)
With effect from the Slovak Socialist Republic, Decree No. 106 / 1966 Coll., laying down the scope and conditions of statutory insurance of socialist agricultural organisations, is hereby repealed.
This Decree shall take effect on 1 January 1970.
Minister:
Gaidošík v. r.
Annex to Decree No 184 / 1969 Coll.
List
Socialist agricultural organisations covered by statutory insurance under Section 3 of the Decree
1. Breeding and Seminar Enterprises and Seminars' State Goods subordinate to the Division Directorate of Words in Bratislava;
Large feeders - public goods, subordinate to the branch of the Grand Feedingstuffs Praha- Beets;
Breeding undertakings subordinate to the Directorate-General of State Breeding Undertakings in Bratislava.
2. Joint cooperative undertakings where they are engaged in agricultural activities.
3. School goods of secondary agricultural technical schools, agricultural master schools, agricultural vocational schools and school farms of agricultural universities.
4. National enterprises Military forests and goods.
5. Farm of permanent national agricultural exhibition in Nitra.
6. Forestry-agricultural plant Medzilaboratory.
*) The price is the price including all possible bonuses (even differential) in force at the time when the supporting documents for the calculation of premiums are found.
*) § 345 to § 370 of the Code No. 40 / 1964 Coll., § 358 to § 360 of the Economic Code No. 109 / 1964 Coll., Decree Min. Finance No. 48 / 1964 Coll., on the concept of conditions for insurance of property.
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Regulation Information
| Citation | Decree of the Ministry of Finance, Slovak Socialist Republic No. 184 / 1969 Coll., determining the scope and conditions of statutory insurance of socialist agricultural organisations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1969 |
|---|---|
| Effective from | 01.01.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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