Government Decree No. 296 / 1948 Coll.

Regulation on construction measures in the five-year plan

Valid Effective from 01.01.1949
296.
Government Regulation
of 21 December 1948
on construction measures in the five-year plan.
The Government of the Czechoslovak Republic orders pursuant to § 41, § 2, paragraph (g) and with the agreement of the President of the Republic pursuant to § 42, § 1 of the Act of 27 October 1948, No 241 Coll., on the first five-year Economic Plan for the Development of the Czechoslovak Republic (Act on the Five-Year Plan):

Část I.

Conditions for construction activities from 1949 to 1953.
§ 1.
Allowed construction activity.
(1) Construction work may only be carried out:
(a) construction works included in the implementation plans provided for in the Five-Year Plan Act (hereinafter referred to as "the Implementation Plans"); or
(b) for maintenance works.
(2) A building permit may be granted only if it is necessary for the works referred to in paragraph 1.
(3) Construction works shall mean works of all kinds required to carry out and complete any construction, and any work and performance related thereto.
(4) Maintenance works may be carried out only if they are necessary for economic or security reasons, if they do not exceed the maintenance of the buildings in their current use and if they do not need a building permit.
§ 2.
Arrangements for the authorisation and implementation of buildings.
(1) The Ministry of Technology may, in agreement with the relevant ministries, by decree in the Official Journal:
(a) to adjust the timetable for the buildings included in the implementation plans by introducing registers in order to ensure that the provisions of Paragraph 1 (1) (a) are implemented, which may, where appropriate, derogate from the provisions of the administrative rules where they provide for the admissibility of appeals;
(b) to adjust the determination and changes of the order in which the works included in the implementation plans may be carried out and to stop or limit the implementation of such works for a certain period;
(c) suspend the issue of building permits for construction works included in the implementation plans when such works cannot be carried out at the time foreseen by those plans; and
(d) order the cancellation or limitation of building permits already issued, even if they are authentic, for buildings not included in the implementation plans and for buildings which cannot or have not been implemented at the time and to the extent specified in the implementation plans.
(2) An decree issued pursuant to paragraph 1 (b) and (d) may provide for the necessary security measures and measures to ensure that construction works intended for the continuation of construction works are used for construction works included in the implementation plans.
§ 21.
Criminal provisions.
Those who carry out construction work on construction not included in the implementation plans [§ 1, paragraph 1, point (a)] or who commit acts or omissions contrary to the regulations issued under this Regulation shall be punished unless the offence is a criminal offence, a district national committee, by a fine of up to 100.000 CZK or by a prison (lock-in) within 6 months or both. At the same time, in the event of imperfections, a replacement prison sentence (lockdown) shall be imposed in accordance with the rate of guilt within 6 months. If both punishments are imposed, the punishment on the free side, together with the replacement penalty, must not be more than 6 months for an impenetrable fine.

Část VI.

Transitional and final provisions.
§ 22.
Transitional provisions.
(1) If the construction for which the land was expropriated under the Law of 7 March 1947, No 42 Coll., on certain construction measures linked to the two-year economic plan, as amended by the Law of 19 July 1948, No 177 Coll., is included in the implementation plan for 1949 under the Law on the Five-Year Plan, the use of the expropriated land for such construction (Paragraph 18) may be initiated until 31 December 1949 and the application for the abolition of the expropriation notice pursuant to § 13, paragraph 1 of Act No. 42 / 1947 Coll., as amended by Act No 177 / 1948 Coll., may be filed by 31 March 1950.
(2) The construction circuits designated pursuant to § 3 of Act No. 42 / 1947 Coll. as amended by Act No. 177 / 1948 Coll. and the modification sketches approved pursuant to § 5, § 4 or § 20, point (b) of that Act also apply for the purposes of this Regulation.
(3) Paragraphs 2 and 15 apply mutatis mutandis to the issue of measures to ensure the preparation of the implementation of the five-year plan in 1948 or to create assumptions for the establishment and implementation of the economic plan following the first five-year plan.
(4) Until such time as the Regional National Committees begin to operate in matters covered by this Regulation, their powers - unless otherwise provided for by decrees issued for the implementation of this Regulation - shall be exercised in the Czech countries by the Regional National Committees and in Slovakia by the powers referred to in Sections 3, 1 and 2 and 4, paragraph 1 by the technical and operational powers referred to in Sections 4, 2 and 5 by the State Planning and Statistical Office. The State Planning and Statistical Office shall decide on the appeal pursuant to Article 5 (5) for the co-operation of the delegation.
(5) The Decree of the Minister of Technology issued pursuant to § 4, § 3 and § 15 of Act No. 42 / 1947 Coll., as well as the Ordinance of the Residency Office and the National Recovery Fund and the National Land Fund issued pursuant to § 7, § 4 of the same Act shall also apply after 31 December 1948, unless they are contrary to this Regulation and until they are repealed or replaced by the decrees issued pursuant to this Regulation.
§ 24.
Efficiency and execution.
Paragraph 2, 15 and 22, paragraph 3 of this Regulation shall take effect on the date of its publication, and the other provisions shall take effect on 1 January 1949; they shall be carried out by the Minister of Technology in agreement with the participating members of the Government.
Gottwald v. r.
Zaporocký v. r.
Dr. Ing.

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Regulation Information

CitationGovernment Decree No. 296 / 1948 Coll., on Construction Measures in the Five Year Plan
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation30.12.1948
Effective from01.01.1949
Effective until-
Status Valid
The regulation text is for informational purposes only.
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