Government Decree No. 195 / 1950 Coll.
Regulation implementing the Law on the organisation of residential property and the Housing Fund
Valid
Effective from 01.01.1951
Contents
HLAVA I.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
HLAVA II.
Část I.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
Část II.
Oddíl I.
§ 27.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
§ 40.
§ 41.
§ 42.
§ 43.
§ 44.
§ 45.
§ 46.
§ 47.
Oddíl II.
§ 48.
§ 49.
§ 50.
§ 51.
§ 52.
§ 53.
§ 54.
§ 55.
§ 56.
HLAVA III.
§ 57.
§ 58.
§ 59.
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195.
Government Regulation
of 19 December 1950
implementing the Housing Organisation and Housing Fund Act.
The Government of the Czechoslovak Republic orders pursuant to § 44 of Act No. 110 / 1950 Coll., on the organisation of residential property and on the Housing Fund ("the Act '):
THE ORGANISATION OF THE HOUSEHOLDING.
Housing property.
(1) For the purposes of its organisation, housing assets are:
1. permanent buildings which, according to their design, their purpose and the manner of actual use, have the character of residential buildings;
2. the construction land on which the residential buildings are situated and the unbuilt land designated according to the stopping plan for the construction of residential buildings;
3. buildings and objects of an investment nature intended for the operation of the housing economy.
(2) Parts and accessories of residential property are also included.
Not considered residential property (§ 1)
1. buildings intended for mass accommodation of armed corps;
2. treatment and treatment institutes and natural healing baths;
3. youth homes, farm homes, other boarding houses and student colleges, physical centres and social institutions;
4. buildings intended for the business operation of temporary accommodation as well as dormitories and hostels.
The Regional National Committee decides in doubt whether the property is residential.
Organisation of national residential property managed directly by the State.
(1) National housing assets managed directly by the State may be entrusted by the Ministry of Labour and Social Welfare, in agreement with the relevant ministries, to the administration of a national undertaking, provided that they serve exclusively or principally for the accommodation of the employees of that undertaking and that the undertaking needs them necessarily for that purpose.
(2) Otherwise, the Ministry of Labour and Social Welfare may, in agreement with the relevant ministries, entrust such housing assets to the administration of a municipal enterprise, unless they require specific reasons for continuing to be managed directly by the State.
The provisions of this Regulation on the organisation of residential property shall not apply to national residential property intended to accommodate members of the armed corps and members of their families.
Organisation of residential property of the national entrusted to the management of enterprises.
The national housing assets entrusted to the administration of a national enterprise may be transferred to the administration by the Ministry of Labour and Social Welfare in agreement with the relevant ministries.
1. a communal undertaking, where such property serves exclusively or principally for accommodation of persons other than the employees of a national undertaking and does not necessarily need it for its employees;
2. another national undertaking, provided that such property serves exclusively or principally for the accommodation of its employees.
The housing assets entrusted to the administration of a municipal enterprise may be transferred by the Ministry of Labour and Social Welfare, in agreement with the relevant ministries, to the administration of a national enterprise, provided that they serve exclusively or principally to accommodate the employees of that enterprise and that the enterprise needs them necessarily for that purpose.
The Ministry of Labour and Social Welfare, in agreement with the ministries in question, may also take measures under Sections 6 and 7 for other important reasons, in particular if this is required to fulfil the tasks of the Single Economic Plan.
Organisation of residential property of housing associations.
(1) The property of the repealed housing association, which is a cooperative company, will normally be transferred by the Ministry of Labour and Social Welfare, in agreement with the Ministry responsible for the matter, to the State and entrusted to the administration of the relevant national or local enterprise (hereinafter referred to as the "undertaking").
(2) Business cooperatives are those whose members, according to their statutes, may only be employees of an undertaking and members of their families.
(1) The property of other repealed housing associations, which are cooperatives, will be transferred by the Ministry of Labour and Social Welfare in each district to a generally beneficial district housing cooperative ("housing cooperative").
(2) In exceptional cases, the Ministry of Labour and Social Welfare may, in agreement with the Ministry of Interior, transfer this property to the State and entrust it to the administration of a municipal enterprise.
The provisions of this Regulation on the organisation of residential property shall not apply to housing cooperatives whose members may only be members of the armed corps and their families under their statutes.
The property of the repealed housing associations, which are not cooperatives, shall be transferred by the Ministry of Labour and Social Welfare in agreement with the Ministry responsible for the matter to the State and entrusted under the conditions laid down in Section 4 to the administration of an undertaking.
Library records.
Proposals to be made in land (public) books for the transfer of real estate and in-kind property rights (library rights) for the organisation of residential property shall be submitted by the undertakings to which the property has been entrusted or by the housing cooperatives to which the property has been transferred.
Settlement of rights and obligations of repealed housing associations.
(1) By cancellation, the housing association shall cease to exist without liquidation.
(2) If the housing association is registered in the company register, the court shall register its annulment on a proposal from the Ministry of Labour and Social Welfare.
(1) The rights and obligations of the repealed housing association are transferred to the undertaking to which the assets have been entrusted to the administration or to the housing cooperative to which the assets have been transferred.
(2) If the Ministry of Labour and Social Welfare transfers part of the assets of the dissolved housing association to the State in agreement with the Ministry responsible and entrusts to the administration of the company and part to the housing cooperative, it shall decide at the same time which rights and obligations are transferred to the undertaking and which to the housing cooperative. This applies mutatis mutandis even if the Ministry of Labour and Social Welfare, in agreement with the relevant ministries, transfers the assets of the repealed housing association to the State and entrusts two or more enterprises or transfers it to two or more housing cooperatives.
(1) The provisions of the repealed association's statutes (social contract) apply to the settlement of the rights attaching to members (members) of the repealed housing association from the membership relationship as well as to the obligations arising therefrom.
(2) The accounts of the entire repealed housing association are the basis for settling these rights and obligations. Such financial statements shall be drawn up by the undertaking to which the assets have been entrusted to the administration or by the housing cooperative to which the assets have been transferred at the date of the termination of the association; in the cases referred to in Article 15 (2), it shall be drawn up by an undertaking or a housing cooperative designated by the Ministry of Labour and Social Welfare in agreement with the Ministry of Social Affairs.
FINANCIAL SERVICES.
Housing fund.
Scope of the Fund.
The scope of the Housing Fund ("the Fund ') shall apply to:
1. national housing assets, unless excluded under § 8 (1) No 1 of the Act;
2. housing assets of single agricultural cooperatives (hereinafter referred to as "agricultural cooperatives");
3. to the housing property of organizations and institutions of national importance and individual housing cooperatives, if it has been extended to it pursuant to § 8 (1) (2) of the Act.
The provisions of this Title relating to undertakings shall apply mutatis mutandis to:
1. to separate accounting establishments established under Article 13 (3) of the Act;
2. to organisations and institutions of national importance and to individual housing cooperatives whose housing assets have been extended to the Fund.
Organisation and administration of the Fund.
(1) The Fund is subordinate to the head of the Ministry of Labour and Social Welfare.
(2) The supervision of the activities of the Fund is exercised by the Ministry of Labour and Social Welfare in agreement with the Ministry of Finance.
(1) The management of the Fund is headed by a nine-member committee whose three members are Slovaks. If he is chairman of the Committee of Bohemia, he is Deputy Minister Slovák, and vice versa.
(2) Only a Czechoslovak citizen committed to the People's Democratic Order may be a member of the Committee and be able to perform this function.
(3) The members of the Committee will promise the Minister of Labour and Social Welfare to fulfil their duties conscientiously and in accordance with the interests of the State.
The Committee shall ensure that the Fund carries out its tasks in accordance with the single economic plan and as efficiently as possible.
(1) The detailed rules of procedure to be adopted by the Committee approved by the Ministry of Labour and Social Welfare shall be laid down in the minutes of the deliberations and resolutions of the Committee.
(2) The function of the members of the Committee is fair. Members shall be entitled only to reimbursement of the expenses associated with the performance of their duties; the amount of such compensation may be determined by the Ministry of Labour and Social Welfare in agreement with the Ministry of Finance by the aggregate amount.
Representation of the Fund.
(1) The Fund shall be represented and the chairman of the Committee shall act on its behalf; in his absence or in his absence, he shall be represented by a deputy. The President of the Committee (Deputy Director) shall sign the Fund by adding his signature to the title of the Fund.
(2) The Committee may, with the approval of the Ministry of Labour and Social Welfare, also authorise other persons to represent and act on behalf of the Fund, to the extent that they so determine.
Fund management.
The activities of the Fund shall be determined by its plan, approved by the Ministry of Labour and Social Welfare in agreement with the Ministry of Finance and included in the Single Economic Plan.
Each year, the Fund shall draw up a budget and accounts subject to approval by the Ministry of Labour and Social Welfare in agreement with the Ministry of Finance. The Fund shall be subject to budget management.
Cash, securities and instruments shall be deposited by the Fund with the Investment Bank, the national enterprise.
The content of the financial service.
Financial security of housing management.
Housing.
For each national undertaking, as well as for each municipal undertaking, which, in addition to its other business, also deals with the management of residential property (hereinafter referred to as the "municipal undertaking"), the management of residential property is a separate economic unit (hereinafter referred to as the "housing fund") which accounts separately from the other operations of the enterprise (the operation of the enterprise - hereinafter referred to as the "business economy").
(1) National and communal undertakings, which are brought together, will create a housing economy on 1 January 1951 or, if the conditions for its creation are created later, on the date of the creation of these assumptions.
(2) They shall transfer to the housing economy the national and municipal undertakings associated on the date of its establishment the housing assets, stocks and financial assets belonging to that property, as well as the housing liabilities burdensome or belonging to that property.
In the case of municipal undertakings engaged exclusively in the management of residential property (hereinafter referred to as the "municipal housing business'), the housing sector consists of the operation of the whole enterprise.
Housing property.
The base of the housing economy is the housing capital (housing fund), which corresponds to the sum of the remaining book price of housing assets and claims of an investment nature.
(1) At the date of the establishment of the housing economy, the initial residence capital is equal to the difference between the sum of the amounts referred to in Paragraph 30 and the sum of the obligations on housing property.
(2) If the initial housing capital is lower than or above the housing capital referred to in Paragraph 30, it shall be adjusted to that amount per se or for the benefit of the Fund.
(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis if additional residential property is transferred to the housing holding.
(1) The housing assets are increased in particular by the funds provided by the Fund to cover the purchase price of housing investments, other housing assets transferred to the housing economy or liabilities assumed by the Fund.
(2) Housing assets are reduced, in particular, by amounts paid equal to the depreciation of residential property or the residual accounting price of the excluded residential property, by residential property excluded from the housing sector, by amounts which have been reduced by the purchase (market) price of family houses or the salary for their construction pursuant to § 53 (1) or by the remnants of the investor's claim pursuant to § 53 (2).
Housing operation.
(1) The activities of the housing business are determined by their business plans, which are part of the single economic plan.
(2) Undertakings shall draw up each year the budget and accounts of the housing economy. The budget, for national enterprises and for municipal enterprises combined with the budget of their corporate economy, is the basis of the financial plan of the enterprise forming part of the business plan. Undertakings are required to operate according to the budget.
(1) The profit of the housing holding of undertakings according to the approved accounts, minus the amount by which the actual costs are lower than those set out in the budget, are to the benefit of the Fund, where appropriate.
(2) The amount by which the actual costs are lower than those laid down in the budget, with the proper performance of the tasks set out, are for the national undertakings and for the municipal undertakings for the benefit of the farm economy; for municipal housing companies, this amount shall be used in the manner laid down by the Ministry of Labour and Social Welfare in agreement with the Ministry of Finance and Interior.
If the costs set out in the housing budget are higher than the determined revenue, the budget shall indicate the difference if it does not result from the rent levied on the housing assets being lower than the normal rent on rental items of the same type, the same size, quality and position in the municipality as the right of the housing holding to the Fund and the proceeds.
(1) The loss of the housing business of the undertakings according to the accounts is subject to the Fund, unless it results from:
1. that the rent levied on residential property is lower than the usual rent on rental items of the same type, of the same size, quality and position in the municipality;
2. that the actual costs are higher than those laid down in the budget.
(2) The amounts referred to in paragraph 1 (1) and (2) shall apply to national undertakings and to municipal undertakings linked to the holding; for municipal housing companies, these amounts shall be paid in the manner specified by the Ministry of Labour and Social Welfare in agreement with the Ministry of Finance and Interior.
The Ministry of Labour and Social Welfare may, in agreement with the Ministry of Finance and the Ministry of Finance, require undertakings to advance the Fund's profits according to the housing budget and the amount equivalent to the depreciation of residential property; it may, in the same way, impose on the Fund to pay advance payments to undertakings for the difference in the budget of the determined costs above the specified revenue.
Operating loan.
The funds needed to finance the operation of the housing economy (hereinafter referred to as the "operating loan ') may be provided by the undertakings only for cash institutions designated by the Ministry of Finance by an official decree.
An undertaking may obtain operating credit only within the limits of the budget.
Payment service.
Undertakings are obliged to concentrate their monetary links with the housing sector at the institution responsible for providing them with an operating loan.
(1) Salaries relating to the housing economy are required to be carried out by undertakings in principle by transfer in their accounts to the money institution referred to in § 40. Payment by cash may be made only if payment by transfer in the account is not made or if such payment is not effective.
(2) Cash must be limited to the necessary amount.
Only accounting credits may be granted to the company's housing and business holdings, and only in respect of mutual supplies and performance; such loans and administrative costs shall be settled on a monthly basis.
Housing control.
The housing economy of enterprises is supervised by the Ministry of Labour and Social Welfare. However, this does not affect the competence of other authorities and bodies under the relevant rules.
(1) The investment bank, the national firm, and the monetary institutions referred to in Paragraph 40 (hereinafter referred to as the "constitution") carry out a permanent monetary check on the housing economy of undertakings, in particular by monitoring and managing the movement of money.
(2) Undertakings shall be obliged to provide the institutes with the information necessary to carry out the checks. The Institute may verify the data of the holding by checking its numbers.
(1) The Institute must report immediately to the authority approving the business plan on the deficiencies identified.
(2) In serious cases, the Institute shall also report to the Ministry of Labour and Social Welfare and to the Ministry responsible for matters.
Detailed rules.
(1) Detailed provisions on the housing economy, on its establishment and operation and on the establishment and adjustment of housing assets are to be issued by the Ministry of Labour and Social Welfare in agreement with the State Office of Planning, the Ministry of Finance and the Ministry of Finance in the relevant ministries by a decree in an official register, which also provides for the approval of the adjustment of housing assets and the accounts of housing holdings.
(2) Detailed rules on operating credit, payment and money control of residential holdings are to be issued by the Ministry of Finance in agreement with the State Office of Planning, the Ministry of Labour and Social Welfare and the Ministry of Social Welfare and the Ministry of Finance in the Official Gazette.
Agricultural cooperatives.
The provisions of this Section shall not apply to agricultural cooperatives. The financial security of their housing management shall be regulated by a separate regulation.
Funding for residential investments.
Housing investments.
(1) Housing investment means:
1. rebuilding of residential houses and the modification of non-residential buildings to residential houses, as well as the addition, superstructures, reconstructions and modification of residential homes, provided that new apartments are acquired;
2. the restoration of homes destroyed or damaged in connection with war events or hostile occupation, as well as the restoration of homes destroyed or damaged by natural disasters;
3. Acquisition of construction land on which residential buildings are situated and of non-built land designated under the stopping plan for housing construction;
4. the acquisition of buildings and objects of an investment nature intended to operate the housing economy;
5. acquisition of housing components and accessories;
6. repairs which increase the original cost of residential property or prolong its fitness.
(2) The construction and restoration of family houses shall also be considered as residential investments within the meaning of paragraph 1.
The Fund finances housing investments
1. national undertakings where they are intended for the benefit of the employees of the undertaking;
2. municipal enterprises;
3. agricultural cooperatives, provided that they are intended for the benefit of members of the cooperative;
4. Organisations and institutions of national importance for whose housing assets the Fund's scope has been extended pursuant to Article 8 (1) (2) of the Act;
5. individual housing cooperatives whose housing assets have been extended to the scope of the Fund pursuant to Article 8 (1) (2) of the Act, or where the Ministry of Labour and Social Welfare has authorised it in an agreement with the Ministry of Finance pursuant to Article 8 (2) of the Act, even without extending that scope, but only if they are intended for the benefit of members of the cooperative;
6. individual central authorities (authorities) of the State, public administration establishments (state-owned enterprises) and national committees, provided that the Ministry of Labour and Social Welfare, in agreement with the Ministry of Finance and the Ministry of Finance, has authorised this under Section 8 (1) (3) of the Act.
Construction of family houses.
(1) The Fund finances the construction of family houses if they are intended for persons who have been specifically responsible for the construction of the State.
(2) Compliance with this condition is not required if the family houses are built by a national enterprise of a key branch
1. for persons who have entered into work in an undertaking and have undertaken not to cancel the employment contract for an agreed period of time without a serious reason or to give the undertaking an incentive to cancel the contract;
2. for persons in an undertaking already employed, whose apartments have become subdued to incapacitated housing or who live with their parents, even though they have established their own household marriage, or who have offered their safe and suitable apartments for the employees of the undertaking, and who in all these cases have undertaken not to cancel their employment contract after an agreed period of time without a serious reason, nor to give the undertaking an incentive to cancel it by their fault;
3. for other persons who have offered their safe and suitable apartments for the employees of the enterprise.
(3) The Ministry of Labour and Social Welfare shall determine which enterprises are considered to be core enterprises in agreement with the relevant ministries in the Official Gazette.
Restore family homes.
(1) If the purpose of the renewal is to provide that the renewal is to be carried out in the whole or part of the municipality as a single building event, the construction office shall designate the investor to carry out the operation in respect of residential buildings. Also in municipalities or parts thereof which will not be renewed in this way, the construction office shall designate investors who will restore individual family houses, unless their owners choose to approve the construction office of the investor themselves.
Contents
HLAVA I.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
HLAVA II.
Část I.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
Část II.
Oddíl I.
§ 27.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
§ 40.
§ 41.
§ 42.
§ 43.
§ 44.
§ 45.
§ 46.
§ 47.
Oddíl II.
§ 48.
§ 49.
§ 50.
§ 51.
§ 52.
§ 53.
§ 54.
§ 55.
§ 56.
HLAVA III.
§ 57.
§ 58.
§ 59.
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Regulation Information
| Citation | Decree of the Government No. 195 / 1950 Coll., implementing the Act on the organisation of residential property and the Housing Fund |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1950 |
|---|---|
| Effective from | 01.01.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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