Act No. 30 / 1996 Coll.
Act amending and supplementing Act No. 229 / 1991 Coll., on the modification of property relations with land and other agricultural property, as amended, and Act No. 243 / 1992 Coll., on the modification of property relations with land and other agricultural property, as amended, Act No. 93 / 1992 Coll., as amended
Valid
Law
Effective from 09.02.1996
Text versions:
09.02.1996
30
THE LAW
of 8 February 1996
amending and supplementing Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended, and Act No. 243 / 1992 Coll., on certain issues relating to Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended by Act No. 93 / 1992 Coll., as amended
Parliament has decided on this law of the Czech Republic:
Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended by Act No. 42 / 1992 Coll., Act No. 93 / 1992 Coll., Act No. 39 / 1993 Coll., Act No. 183 / 1993 Coll., the Constitutional Court Act No. 131 / 1994 Coll., the Constitutional Court Act No. 166 / 1995 Coll. and the Constitutional Court Act No. 29 / 1996 Coll., are amended and supplemented as follows:
1. In Paragraph 8, the following paragraph 2 is inserted after paragraph 1:
"(2) The application referred to in paragraph 1 may be made no later than six months after the date on which it may have been applied for the first time or within six months of the legal authority of the Land Office for the decision not to issue the property, otherwise the right shall cease. ';
Paragraphs 2, 3 and 5 shall be renumbered paragraphs 3 to 5.
Article 13 (2) reads as follows:
"(2) If the property was issued pursuant to Paragraph 9, beneficiaries who fulfilled all the conditions of the authorised person on 31 January 1993 or on 1 September 1993 and whose claims have not been satisfied within the time limit referred to in paragraph 4 may claim those rights before the court against the persons to whom the property was issued within six months of the end of the period referred to in paragraph 4. The authorised person referred to in paragraph 5 may claim a claim against persons to whom the property has been issued pursuant to Paragraph 9 within six months of the expiry of the period referred to in paragraph 5. ';
3. In Paragraph 13 (3), the following sentence is inserted after the first sentence: "The authorised person referred to in paragraph 5 may claim claims under this paragraph until 31 December 1996."
4. the following paragraphs 4 and 5 are added:
"(4) The right to issue the property referred to in Article 6 may be exercised by the beneficiary, with the exception of the beneficiary referred to in paragraph 5, before 31 January 1993 and, as regards the rights arising from Article II, by 1 September 1993. Compensation for the live and dead inventory referred to in Article 20 may be applied by the beneficiary, with the exception of the authorised person referred to in paragraph 5, until 31 March 1993. In the case referred to in Article 6 (1) (a), the 18-month period began to run only from the date of the legal authority of the decision which annulled the decision, if it came to that decision after 1 July 1993. Failure to exercise the right within the period has expired. The time limits for the submission of written evidence in proceedings before the Land Office shall be governed by general administrative rules.
(5) The right to issue the property referred to in Article 6 may be exercised after 31 January 1996 by an authorised person who was not an authorised person until 31 January 1993 or 1 September 1993 only because he did not fulfil the residence requirement within six months of the date on which he was first able to exercise that right, otherwise that right shall cease. This beneficiary may claim compensation for the dead and living inventory provided for in Section 20 until 31 December 1998. In the case referred to in Article 6 (1) (a), the 18-month period shall begin to run only from the date of the legal authority of the decision which repealed the operative part if the decision is taken after 31 December 1998. '.
5. The following Section 14a is inserted after Section 14:
A case may not be issued if, after 1 September 1993, it has been acquired by a person other than the State or has been approved in respect of that case by a privatisation project or a decision on its privatisation. The authorised person referred to in Article 13 (5) shall be entitled to a refund to be granted under Article 18a (2). ';
(6) Paragraph 22 shall be added to paragraph 11:
"(11) The period referred to in paragraph 6 shall begin to run from the date of application of this Law. The application referred to in paragraph 8 may be made by 31 December 1996 at the latest and may be made by the beneficiary referred to in Article 13 (5). '
7. Paragraph 26 shall be added to paragraph 3:
"(3) The period referred to in paragraph 2 shall begin to run from the date of application of this law to the beneficiaries referred to in Article 13 (5)."
The Act of the Czech National Council No. 243 / 1992 Coll., which regulates certain issues related to Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended by Act No. 93 / 1992 Coll., as amended by the Act of the Czech National Council No. 441 / 1992 Coll. and the finding of the Constitutional Court No. 29 / 1996 Coll., is amended as follows:
1. in the introductory sentence and in point (c) of Article 2 (2), the words "referred to in Article 11" shall be replaced by the words "referred to in Article 11a";
2. the following paragraph 3 is added to Article 2:
"(3) The entitled person referred to in paragraph 1 may claim the issue of the property if, on 31 January 1996, he is a citizen of the Czech Republic, who became a citizen under Act No. 245 / 1948 Coll., Act No. 194 / 1949 Coll. or Act No. 34 / 1953 Coll., unless he has already become a constitutional decree of the President of the Republic No. 33 / 1945 Coll., and who has not lost the citizenship thus acquired until 1 January 1990. '
3. The following Section 11a is inserted after Section 10:
(1) The person who fulfilled the conditions of the authorised person on 29 May 1992 may have paid the rights under this Act until 31 December 1992. The failure to exercise the right has ceased to exist within that period.
(2) An authorised person who was not resident on the territory of the Czech Republic on 31 December 1992 and thus was not authorised on that date may claim claims under this Act until 15 July 1996. Failure to exercise the right shall cease to exist within that period. '.
This Act shall take effect on the day of its publication.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 30 / 1996 Coll., amending and supplementing Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended, and Act No. 243 / 1992 Coll., on certain issues relating to Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended, Act No. 93 / 1992 Coll., as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.02.1996 |
|---|---|
| Effective from | 09.02.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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