Decree of the Ministry of Finance No. 19 / 1963 Coll.
Decree of the Ministry of Finance on the acquisition of property by socialist organisations by citizens and private legal persons
Valid
Effective from 26.02.1963
19
DECLARATION
Ministry of Finance
of 15 February 1963
on the acquisition of property by socialist organisations by citizens and private legal persons
The Ministry of Finance shall, in agreement with all central authorities and authorities pursuant to § 21 of Decree No. 81 / 1958 Coll., on the management of national assets, after consulting certain national committees and selected undertakings:
Subject matter
This Decree provides for the acquisition of property by socialist organisations from citizens and private legal persons ("private persons') in full or in part in return for payment, as well as for the payment and release of cash.
The provisions of this Order do not apply to the acquisition of:
(a) agricultural products, farm or domestic animals, if they are to carry out supply tasks and sell agricultural product surpluses in accordance with specific rules. *) However, they apply to the acquisition of these items if they are disposed of in connection with the transfer of holdings of single agricultural cooperatives and individual farmers to state organisations * *) or in connection with the surrender of a private agricultural plant (part of it) into the use of a state organisation or a single agricultural cooperative, * * *)
(b) hives, as well as animals and animals, if it is permitted to catch freely;
(c) forest crops, medicinal herbs, raw materials and objects, if they are allowed to collect freely, and different trees from their growers;
(d) prototypes of inventions and improvements from originators or promoters, if the competent authority has already decided that the invention or improvement proposal is accepted, tested or implemented;
(e) raw materials by the national undertakings Collecting raw materials and Kovocrit;
(f) works of art or science from their authors, widows and minor orphans to them;
(g) precious metals (gold, silver, platinum) by organisations authorised to do so under special regulations;
(h) cases in execution proceedings;
(ch) inventory and stocks acquired from landowners not subject to redemption pursuant to § 2 of Act No. 46 / 1948 Coll., on new land reform. The provisions on compensation for this property are applied mutatis mutandis to the provisions on compensation for inventory purchased pursuant to § 6 (5) of Act No. 142 / 1947 Coll., on the revision of the first land reform, and under § 14 (2) of Act No. 46 / 1948 Coll., †)
(i) law.
Acquisition of goods
(1) A Socialist organisation (hereinafter referred to as "organisation") may acquire only real estate for the planned development needs of the national economy and objects of cultural or scientific value for galleries, museums, scientific institutes or for export from a private party for consideration, unless otherwise provided in this decree or in specific regulations.
(2) The Socialist Organisation is required to:
(a) examine whether the acquisition will comply with the provisions in force, in particular those on planning, budgeting and foreign exchange management;
(b) examine whether the payment of the case does not exceed the price of the case corresponding to the provisions in force;
(c) require a private investor to certify his or her ownership and, if he or she is a co-owner, to certify the amount of the co-ownership;
(d) require the approval of a superior body if the authorisation is necessary under the provisions of Section 4.
(1) The Central Authorities and the Regional National Committees may acquire matters without authorisation.
(2) Save as otherwise provided, the institution shall be directly assigned to the organisation by the superior to obtain the case.
(3) The central authorities and the Regional National Committees may provide that organisations managed by them may acquire a case of up to 50 000 CZK without the acceptance of a case.
(4) The Regional National Committees may, without authorisation, acquire items of up to 50 000 CZK and local national committees of up to 10 000 CZK.
(5) Where national committees may acquire items in accordance with paragraphs 1 and 4 without authorisation, they shall be responsible for giving the election to national committees of lower degrees and to organisations managed by national committees.
(6) Regional national committees may, in general or in certain cases, restrict the authorisations of national committees of lower degrees which they have under paragraphs 4 and 5.
(7) Regional and local national committees may determine in which cases organisations controlled by them do not need to be authorised to acquire the case, but only up to the level of their authorisation under the preceding paragraphs.
(8) Regional national committees may, in general or in certain cases, extend the authorisations of urban and district national committees which do not exercise the competence of district national committees. This authorisation may be extended only to the level of the approval of the district national committees.
(9) The single agricultural cooperative may acquire items without acceptance up to a price of 5000 CZK; at a higher price only with the approval of the district national committee in whose district the cooperative is located.
(10) The organisation may only acquire items from its own staff with the permission of a superior body and a national committee with the approval of a national higher-level committee.
(1) If an organisation needs to acquire, exceptionally and necessarily, items other than those referred to in Article 3 for the performance of its tasks and cannot obtain it from another organisation within a reasonable period of time, it may acquire it from a private party in return for payment only if the appointed central authority or regional national committee, if the organisation is a national committee of a lower level or organisation managed by a national committee, so provides. The single agricultural cooperative needs the election of the Regional National Committee.
(2) Paragraph 3 (2) also applies here.
An organisation intended to acquire goods from private individuals under special regulations *) is not restricted by the provisions of § 3 (1) and § 5 and does not need to be authorised. The same applies to the purchase of fungi by agricultural organisations.
The acquisition of a case by a private person is also considered to be the acquisition of a case by a socialist organisation entrusted by a private person to sell it on his behalf.
Method of payment of cash remuneration
(1) The organisation shall pay the private investor in cash (§ 9) or in its free account (§ 10) or in its interest-free account (§ 11).
(2) If the case is owned by a foreign exchange alien, the method of payment shall be governed by foreign exchange regulations.
(1) In cash, the organisation will pay the private investor a remuneration if the remuneration does not exceed 300 CZK.
(2) If the payment exceeds 300 CZK but not 1000 CZK, the organisation shall pay the private investor in cash if the private investor declares in advance in writing that, in the current calendar year, he is first disposing of the matter under this decree, that he does not have an interest-free account with any public savings bank, that he does not owe taxes, fees or insurance sickness or pension insurance, and that he does not have any other obligations towards socialist organisations.
(3) The provisions of paragraphs 1 and 2 do not apply if the private enterprise is a liquidated undertaking (Paragraph 11 (3)).
(1) If an organisation acquires a business activity from a trader who is entitled to dispose of such a business in the course of an authorised business, the organisation shall pay the remuneration, without account being taken of its amount, to the ordinary (free) account of the trader at the State savings bank responsible for his residence. However, if the trader is engaged in the purchase of goods for resale, the method of payment of the provisions of Sections 9 and 11 shall apply.
(2) Before making a free-account payment, the trader must declare in advance to the organisation that he does not owe taxes, fees or insurance sickness or pension insurance and that he does not have any other obligations towards socialist organisations.
(3) The organisation shall inform the public savings bank, when paying the payment to the free account of the trader, that the payment is to be made to the free account. They shall also communicate the reasons for the payment, the dates of the evidence of the acquisition, the precise address of the trader, the names and addresses of the joint owners and their shares (Section 12), or any other relevant and relevant information.
(4) A private liquidated undertaking may not be paid by the organisation to a free account (§ 11 (3)).
(1) If the conditions for payment of the cash payment (§ 9) or for a free account (§ 10) are not fulfilled, the organisation shall pay the consideration to the private investor in his interest-free account at the State Savings Bank, in whose district the private investor is resident.
(2) A private investor may have only one non-interest-free account with the State savings bank in whose territory he is resident. Private members, if they are members of the same family (husband, wife, kind, mate and minor children) and live in a common household, may have only one joint interest-free account and only a public savings bank in whose district their common household is.
(3) The remuneration of an item acquired from a private undertaking liquidated by a national administration or another officially established liquidator shall be paid by the organisation, without regard to its amount, to the special interest-free account of the liquidated undertaking at the State savings bank in whose district the liquidated undertaking is located.
(4) Paragraph 10 (3) applies mutatis mutandis to the payment of the remuneration to an interest-free account; If there is a payment of the remuneration to be assigned (Paragraph 13 (2)), the organisation is also obliged to disclose this circumstance to the State savings bank. When paying the remuneration referred to in paragraph 3, the organisation shall also communicate to the State Savings Bank the name and address of the national administrator (liquidator).
If the payment is payable to the joint owners of the case, the amount of the full payment shall be determined for the method of payment (Section 8). On payment in cash or on a free account, the organisation shall pay each co-owner a part of the remuneration corresponding to its co-ownership interest.
Mobilisation of interest-free accounts
(1) Funds in interest-free accounts may be paid only in the cases and under the conditions set out in Sections 14 to 18.
(2) Funds in interest-free accounts assigned under the rules on compensation for the expropriation of immovable property to citizens and private legal persons *) may be paid only in the cases and under the conditions set out in Sections 14, 16 and 17. If the private investor removes from the interest-free account of the assigned organisation the relevant price difference under those rules, or uses those funds demonstrably for the purpose for which they were bound, the remainder of the funds shall cease to be assigned.
(3) The competent national district committee shall be the regional national committee in whose territory the private investor has his permanent residence or a liquidated undertaking.
From an interest-free account, the public savings bank shall pay directly to its creditors the commitments shown in the following order, as authorised by the private investor:
(a) taxes, charges and insurance against sickness or pension insurance which have been due for more than one year on the day of the deposit of the interest-free account;
(b) commitments on loans granted by monetary institutions before the date of the deposit of the interest-free account, with the exception of commitments on consumer loans.
(1) The State Savings Bank may, on an interest-free account, but not on the amounts assigned (Paragraph 13 (2)), pay a maximum of CZK 1000 in each calendar year except for the amounts released under Sections 14, 16 to 18.
(2) Before releasing the amount, the private investor must state in writing that he does not owe taxes, fees or sickness or pension insurance, and that he does not have any other liabilities due to socialist organisations.
(3) The District National Committee may, at the request of a private individual and after consultation of a local national committee, increase the amount available (paragraph 1) to 5000 CZK per year if the private member is mainly dependent on his or her maintenance on income from an interest-free account.
(1) With the approval of the District National Committee, the State Savings Bank will reimburse the private sector's interest-free account for the cost of individual construction or acquisition of replacement buildings in a supplier's way for purchased buildings in the personal ownership and for the acquisition of the required land.
(2) If it is for individual construction, the application for admission must be accompanied by a building permit and a budget for the actual cost of construction, examined as far as the adequacy of the construction office is concerned by the site of construction. According to the acceptance of the District National Committee, the state savings bank pays the private investor
(a) 40% of the construction load on presentation of the construction office confirmation according to the construction site that the construction was started;
(b) an additional 30% of the construction cost, on presentation of the building office's confirmation that the construction is in the rough image and confirmation by the district national committee that the amount paid under point (a) has been used up under the budget to cover the actual costs (expenditure);
(c) the rest of the construction cargo, after the submission of a certificate from the construction office, that the construction is covered and the confirmation by the district national committee that the amount paid under points (a) and (b) has been used up within the budget to cover the actual costs (expenditure).
(3) In order to obtain a replacement building in a supplier's way, the public savings bank shall pay the amounts released directly to the private creditors according to the documents submitted.
(4) The public savings bank shall pay the amount released if the private investor declares in writing that he has no obligation under Paragraph 14.
(1) With the approval of the District National Committee, the State Savings Bank will make a payment from an interest-free account of a specified membership in the cooperative housing housing of the building housing cooperative, *) of which the private investor is a member. The District National Committee may also grant admission to cover the part of the long-term investment loan granted by the Bank to a building housing cooperative which is owned by a private investor.
(2) Allowances to pay part of the long-term investment loan shall be issued by the District National Committee at the same time as permission to pay the cooperative's membership. Exceptionally, it may issue such admission retrospectively, but only before the transfer of the cooperative's investment loan to the long-term loan account.
(3) A private party requesting the mobilisation of funds for the purposes referred to in paragraph 1, second sentence, must submit to the district national committee a declaration by the building housing cooperative that it agrees to a one-off payment of part of the long-term investment loan belonging to it. The application shall be accompanied by a confirmation by the cooperative of the proportion of its flat on the long-term investment loan granted by the bank.
(4) Before being elected, the District National Committee shall examine the justification and proportionality of the need for a private person and shall consider whether the allocation would not be contrary to the social interest given all the circumstances.
(5) Paragraph 16 (4) applies mutatis mutandis.
(1) With the approval of the District National Committee, the State Savings Bank shall pay from an interest-free account, but not from the amounts assigned (Section 13 (2)), or, where appropriate, other costs and liabilities than those specified in the previous provisions. The District National Committee shall grant the election only if the private operator is demonstrably unable to cover such expenses from his / her work income or savings or from the working income (s) of his / her family members. Paragraph 17 (4) shall apply mutatis mutandis.
(2) In exceptional cases, the District National Committee may allow the State Savings Bank to pay the amounts released to the private investor instead of its creditors.
(3) Paragraph 16 (4) applies mutatis mutandis.
(1) The liabilities of the private creditors which were linked to the assets in respect of which the payment was paid into an interest-free account may only be reimbursed to those creditors from an interest-free account in their interest-free accounts and only with the permission of the District National Committee.
(2) The inheritance shares held by the heirs - the private persons in the interest-free account of the deceased, shall be transferred by the State Savings Bank, according to the order of the state notaries, to the non-interest-bearing accounts of the heirs at the State Savings Bank in whose territory they are resident.
(3) The provisions on other interest-free accounts of private individuals apply to the interest-free accounts referred to in paragraphs 1 and 2; However, in accordance with Article 15 (1), the State savings bank may pay a maximum proportion of the amount of 1000 CZK corresponding to its inheritance interest-free interest account of the deceased (paragraph 2).
(4) Paragraph 15 (3) also applies here.
Provisions common, transitional and final
The provisions of this Order on the payment and release of the cash remuneration are also applicable to the payment and release of compensation for private persons acquired by the organisation in the expropriation procedure.
The organisation shall keep a separate record for inspection purposes of all cases in which, pursuant to this Decree, the private sector has acquired cases.
The Ministry of Finance may allow exemptions and derogations from this decree.
(1) Order No 206 / 1958 Ú. l., on the acquisition of property by private individuals by socialist sector organisations as amended by Decree No 134 / 1960 Coll., is hereby repealed.
(2) For cases where the decision or legal action by which the organisation has obtained the case has become effective before the date of its validity, the provisions of § 7 (2) to (5) of Decree No 206 / 1958 Ú. l shall also apply with effect.
(3) Without prejudice to the regulations on the rental of buildings into special accounts with the State savings banks, *) the provisions on the ranking of liens and the provisions on public income tax remain. * *)
This decree shall take effect on the day of its publication.
First Deputy Minister:
Dvořák v. r.
*) Decree No. 103 / 1962 Coll., on the treatment of the sale of surplus agricultural products.
* *) Directive No 51 / 1961 of the Ministry of Agriculture, Forestry and Water Regulations of the National Committees.
* * *) According to § 4 of Decree No. 50 / 1955 Coll., on certain measures to ensure agricultural production.
†) Decree 1447 / 1948 Ú. l. I implementing certain provisions of the Act on New Land Reform and Decree 2394 / 1948 Ú. l. I implementing Section 6 (5) of the Act on the revision of the first Land Reform.
For example, the Min. Education and Culture Directive for the Organisation and Management of Activities of the Antiques in ČSSR (Article 28.121 / 62- XIII / 3 of 31.7.1962 - Annex of the Min. Education and Culture Bulletin of 10.9.1962).
*) § 19 Min. Finance Order No. 18 / 1963 Coll.
*) Act No. 27 / 1959 Coll., on cooperative housing construction.
*) Decree No 371 / 1952 of the Minister of Finance of the Ú. l., on the levying of rent from buildings to special accounts at the state savings banks, and implementing instructions.
* *) Paragraph 57 of Decree No. 146 / 1961 Coll., implementing Act No. 145 / 1961 Coll., on the Income Tax of the Population.
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 19 / 1963 Coll., on the acquisition of property by socialist organisations by citizens and private legal persons |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.02.1963 |
|---|---|
| Effective from | 26.02.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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