Government Decree No. 30 / 1948 Coll.
Property regulations left in the Czechoslovak Republic by persons moved to Hungary under the Czechoslovak-Hungarian Convention on the Exchange of Population
Valid
Effective from 02.04.1948
30.
Government Regulation
of 19 March 1948
on property left in the Czechoslovak Republic by persons moved to Hungary under the Czechoslovak-Hungarian agreement on the exchange of population.
The Government of the Czechoslovak Republic orders pursuant to § 1 and § 2, paragraph 1 of the Act of 11 July 1947, No 148 Coll., on measures to implement the Czechoslovak-Hungarian Agreement on the Exchange of Population, and under § 1, paragraph 4 of the Act of 12 April 1946, No 75 Coll., on the granting of economic and legal relief to countrymen returning to their homeland, in particular from Hungary:
Scope of the Regulation.
This Regulation applies to property which has been left in the Czechoslovak Republic by persons moved to Hungary (§ 2, paragraph 3 of Act No 148 / 1947 Coll.) and which has been identified by the occupancy office in accordance with the relevant decisions of the Joint Commission established under Article X of the Agreement between Czechoslovakia and Hungary on the Exchange of Population of 27 February 1946, No 145 Coll. (hereinafter referred to as "the Agreement '), with the exception of the property referred to in Paragraph 18 of the Decree of 25 October 1945 of the President of the Republic, No 108 Coll., on the confiscation of hostile property and the National Recovery Funds.
Handling the property of the moved Hungarians.
Of the assets covered by this Regulation pursuant to Article 1 ("the assets of the transferred Hungarians'), the residence office shall in particular provide compensation (§ 3 (1)) to authorised immigrants (§ 3 (2)). It may also grant them additional allocations under Section 4 of the same property. For the distribution of the assets of the transferred Hungarians, which are not required to implement the measures provided for in Sections 3 and 4 (hereinafter referred to as" the remaining assets of the transferred Hungarians'), the provisions of Section 5 shall apply.
Replacement to eligible immigrants.
(1) Reimbursement in this Regulation means the refund to which the Czechs and Slovaks are entitled pursuant to § 1 (3) of Act No. 75 / 1946 Coll. transferred under an agreement in the territory of the Czechoslovak Republic from Hungary (§ 2 (1), fifth sentence, No. 148 / 1947 Coll.).
(2) An authorised immigrant shall mean a person who proves that he is entitled to compensation within the meaning of paragraph 1.
(3) The value of the refund shall be determined by the settlement office on the basis of the valuation of the property left by the authorised immigrant in Hungary, carried out in accordance with the relevant decisions of the Joint Commission established under Article X of the Agreement.
(4) Reimbursement shall in principle be granted by allocation of the individual assets of the transferred Hungarians to the property of authorised immigrants ("replacement allocation '), where possible, so that the value of the replacement allocation, the determination of which is subject mutatis mutandis to the provisions of paragraph 3, equals the value of the refund. If this does not conflict with the interests of the occupancy policy, the occupancy office shall allocate, in whole or in part, as a replacement allocation, the property of an authorised immigrant in provisional use (§ 6 (1)), in the case of the property of his choice, or at least assets of the same or similar kind; In doing so, either authorised immigrants as a replacement allocation shall be allocated, as far as possible, to agricultural land the value of which is equal to the value of the agricultural land left in Hungary but not more than 50 ha.
(5) The place of replacement allocation may exceptionally be awarded, in whole or in part, in other values, as decided by the occupying office. If the value of the replacement allocation does not reach the value of the refund (paragraphs 3 and 4), the remainder of the refund shall be granted at other values.
(6) The provisions granting the refund at other levels (paragraph 5) will be issued by a separate government regulation.
(7) At the request of authorised immigrants, the replacement allowance may also be allocated to the co-ownership of several authorised immigrants or to the co-ownership of authorised immigrants and their family members living with them in the common household; However, in the case of agricultural property, the replacement allowance may only be allocated to the beneficiary and his spouse (s), after exceptional circumstances, to his children.
(8) There is no legal right to grant compensation in a certain way.
Additional allocation.
(1) If justified by economic or other interests worthy of particular consideration, in particular those of the settlement policy, the residence office of the assets of the displaced Hungarians may assign an appropriate additional allocation to eligible immigrants in addition to the replacement allocation. However, authorised immigrants may allocate an additional allocation of agricultural land up to an area fixed for the allocation of confiscated agricultural assets. Paragraph 2 (7) applies mutatis mutandis.
(2) The additional allocation may be granted only for payment (allocation price), determined in accordance with the rules on the allocation of confiscated property.
The distribution of the remaining property of the transferred Hungarians.
(1) The remaining assets of the transferred Hungarians, with which they are not transferred under the provisions of paragraph 3, shall be assigned by the occupancy office - unless the interests of the occupying policy so prevent, provided that the applicants prove otherwise to comply with the conditions laid down by the relevant regulations and, finally, without prejudice to the rights of persons referred to in paragraph 2 - to be owned primarily by applicants from persons who have acquired Czechoslovak citizenship pursuant to § 1, paragraph 1 of the Constitutional Law of 13 September 1946, No 179 Coll., on the granting of citizenship to the countrymen of Hungary and are not eligible immigrants. If there are no such applicants, the allocation of the remaining assets of the transferred Hungarians shall be taken into account - with the reservations set out in the previous sentence - preferably to those from among the persons referred to in Article 1 of the Act of 1 July 1947, No 138 Coll., on the care of immigrants and on some of their priority rights, and, if not, to other candidates according to the needs of the internal settlement and after them to other eligible candidates of the Slavic nationality.
(2) The allocation provided for in paragraph 1 shall not prejudice the rights of the persons listed in:
1. § 1 and 6 of the Act of 19 December 1946, No. 255 Coll., on the members of the Czechoslovak army abroad and on some other participants in the national struggle for liberation,
2. § 84, Paragraph 1 of the Law of 18 July 1946, No. 164 Coll., on the care of military and war victims and victims of war and fascist persecution,
3. Paragraph 10 of the Act of 3 July 1947, No 139 Coll., on the distribution of the estate with agricultural holdings and on the avoidance of crumbling of agricultural land.
(3) The remaining assets of the transferred Hungarians may also be sold or otherwise disposed of by the Housing Office under any guidelines of the Central Commission for Internal Resettlement.
Emergency measures.
(1) Prior to the allocation of ownership, the occupancy office may hand over individual items of property of the transferred Hungarians, unless the interests of the settlement policy, on the basis of the preliminary allocation plan (§ 7 (3)) or according to the interests of the settlement policy, to the provisional use of authorised immigrants or persons referred to in § 5, also providing for the conditions for such use.
(2) Where the occupancy office has decided to grant compensation in whole or in part in other terms pursuant to the provisions of Paragraph 3 (5), first sentence, it may be granted to the entitled immigrant, before the implementation of this Decision, on the basis of the proceeds from the assets of the transferred Hungarians, a cash advance on such compensation up to the amount of the compensation (allocation price) of the replacement allowance (part of it), in place of which compensation was granted in other values.
Allocation plans.
(1) The Seating Office or the Regional Seating Office authorised by it shall, for each municipality in which the property of the transferred Hungarians is located, establish a local allocation plan for that property, where possible, with an evaluation of the individual allocation elements. In the procurement of allocation plans, it is intended in particular to provide the conditions for the establishment of efficient economic units (in the case of agricultural property for the establishment of self-sufficient agricultural holdings) and to ensure that the plans are in due conformity with other on-site allocation procedures.
(2) The local allocation plan shall be published by the competent local national committee in accordance with the instructions of the settlement office or regional settlement office authorised by it in the usual manner. The date and manner of publication shall be notified by the local national committee to the settlement office (regional settlement office).
(3) The provisions of paragraphs 1 and 2 also apply mutatis mutandis to the local allocation plan of the remaining assets of the transferred Hungarians and to the provisional allocation plan (§ 6 (1)).
(4) Where necessary, the settlement office or the regional settlement office authorised by it under the local allocation plans shall establish regional allocation plans for which the provisions of paragraphs 1 and 2 apply mutatis mutandis, with the amendment that the powers imposed on the local national committee in paragraph 2 are exercised by the relevant regional national committees.
The bill.
The Seating Office and the National Recovery Fund shall carry out the final accounts of the parties to the assets transferred by Hungarians as well as the accounts resulting from all the measures taken pursuant to Act No 148 / 1947 Coll. or this Regulation.
Surrender.
The transfer of individual allocation items into ownership (Sections 3, 4 and 5), after provisional application (Section 6, paragraph 1), shall be carried out by the settlement office or regional settlement office empowered by it under the relevant decision by means of a registration, which must include in particular the exact designation of the property concerned, the name of the authority which surrendered the allocation and the date and place of surrender.
Jurisdiction
(1) In the case of agricultural property, the residence office shall exercise the jurisdiction under this Regulation in an agreement with the Ministry of Agriculture, Slovakia in an agreement with the Agriculture and Land Reform Board.
(2) The decisions of the occupancy office are final.
Relative to other regulations.
Unless otherwise provided for in Act No 148 / 1947 Coll. or in this Regulation, the provisions on other hostile property confiscated under confiscation regulations (§ 2 (2) of Act No 148 / 1947 Coll.) and on the assets transferred by Hungarians shall apply mutatis mutandis to the provisions on the assets assigned to other confiscated property; This applies, in particular, to the provisions governing the settlement of liabilities relating to such assets, after they are bound by them, and to the rules governing the allocation of such assets and the implementation of the library order.
Allocation and other measures before the regulation is effective.
Allocation and other measures involving property transferred by Hungarians for the benefit of authorised immigrants or persons referred to in Article 5 which occurred before the application of this Regulation remain unaffected.
Efficiency and execution.
This Regulation shall enter into force on the day of its publication; They shall be implemented by the Home and Agriculture Ministers in agreement with the participating members of the Government.
Gottwald v. r.
Broad v. r.
Laušman v. r.
Zaporocký v. r.
Dr Clementis v. r.
Maj-Gen Svoboda v. r.
Dr. Ševčík v. r.
Dr Gregor v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr. Unedible v. r.
Dr Cap v. r.
Kopecký v.r.
Fierlinger v. r.
Děuriš v. r.
Krajčir v. r.
Petr v. r.
Dr. Ing.
Dr Neuman v. r.
Erban v. r.
Plojhar v. r.
Ing. Jankovcová v. r.
Dr. Šrobár v. r.
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Regulation Information
| Citation | Government Decree No. 30 / 1948 Coll., on assets left in the Czechoslovak Republic by persons moved to Hungary under the Czechoslovak-Hungarian Agreement on the Exchange of Population |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.04.1948 |
|---|---|
| Effective from | 02.04.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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