Government Decree No. 32 / 1949 Coll.
Regulation amending and supplementing the allocation regulation for family houses
Valid
Effective from 23.02.1949
32.
Government Regulation
of 15 February 1949
amending and supplementing the allocation regulation for family houses.
The Government of the Czechoslovak Republic hereby orders the President of the Republic of 25 October 1945, No. 108 Coll., on the confiscation of hostile assets and National Recovery Funds, and pursuant to the Act of 14 February 1947, No. 31 Coll., on certain principles in the distribution of hostile assets confiscated by the President of the Republic of 25 October 1945, No. 108 Coll., on the confiscation of enemy assets and National Recovery Funds:
The Government Order of 2 September 1947, No 163 Coll., on the allocation of confiscated family houses (family house allocation regulation), as amended by the Government Decree of 20 April 1948, No 89 Coll., is amended as follows:
1. a quote "(§ 3, No 2)" shall be deleted in § 2 (5).
2.
"(1) The Seating Office may, on a proposal from the local national committee, dispose of a house which does not fully comply with the provisions of Section 2, if it does not, in the absence of accommodation in the attic and basement, more than two apartments with accessories. In particular, a house with small flats for which annual rent from an apartment or a flat exceeds the amounts referred to in § 2 (1) and a house with apartments for which the floor area of the living rooms exceeds 80 m2 may be recognised as a family house.
(2) A house which has not been found, or has been destroyed or damaged may also be recognised as a family house, but may be put into a state complying with the provisions of paragraph 1 or § 2. '
Article 3 (8) (1) reads as follows:
"The taking-over price of the house is its basic price, reduced or increased in accordance with Paragraph 18. The basic price of the house is the estimated value of the house, calculated in accordance with the provisions of § § 9 to 16, with a possible premium pursuant to § 17. '
4. In Section 8, paragraph 2, "Receipt price 'is replaced by" Estimated value'.
5. In the tables referred to in § 9 (1) and (2), the citation "(paragraph 4)" (paragraph 5) 'is replaced by "(paragraph 5)' for area VI.
6. Paragraph 13 shall become paragraph 1 and paragraph 2 shall be inserted after this paragraph:
"(2) A premium of up to 30% may be set on the estimated value of the houses referred to in Article 3."
7. § 15 is deleted, § 16 is referred to as § 15, where the quote "(§ 3, no 5)" is replaced by a quote "(§ 3, paragraph 2)" and § 17 is referred to as § 16.
8. The following Section 17 is inserted after Section 16:
The basic price of the house.
(1) In the case of houses allocated to persons who are employees in a private or public employment relationship or to recipients of resting (provision) salaries or pensioners under public social insurance legislation or under the Law of 18 July 1946, No 164 Coll., on the care of military and war victims and war victims and fascist persecution, the basic price of the house shall be its estimated value (§ 8, paragraph 1), provided that such persons do not pursue a profession justifying a premium under paragraph 2 or 3.
(2) For houses allocated to persons engaged in a liberal profession or as small producers, the basic price of the house is its estimated value plus a 50% premium. To a small producer operating a business in a municipality classified in accordance with § 9 (1) or (2) in the area In or under the provisions of Paragraph 9 (5) of Section 9 of Section 5 of Section VI, and working in business alone or with a maximum of one apprentice, the Seating Office and the National Recovery Fund may, on a proposal from the local National Committee, in cases of special concern, in particular for reasons of settlement policy, waive the premium in whole or in part.
(3) For houses allocated to other persons, the basic price of the house shall be its estimated value, plus a premium of 100%.
(4) A small producer (paragraph 2) is considered to be a trader who is subject to trade tax under the Act of 20 March 1948, No 50 Coll., on trade tax, in so far as he operates a craft business covered by that Act. Under the same conditions, a small manufacturer shall be considered to be a small producer in accordance with the provisions of paragraph 2 and the national business manager.
(5) Where more than one profession is awarded, the amount of the allowance shall be determined by the relevant profession, which justifies the higher premium.
(6) The provisions of paragraphs 2 and 3 also apply to an allocation whose family member (§ 22 (4), living with him in the common household, belongs to the persons mentioned therein. Where a member of the family of an allocation's profession other than that of the allocation's, the profession of the allocation's or its family member, which justifies a higher premium, is responsible for determining the amount of the premium.
(7) The Seating Office and the National Recovery Fund may, in order to avoid excessive hardships, set a premium (paragraphs 2 and 3) lower or abandon it at all.
(8) If it demonstrates an allocation to which the estimated value has been increased by a premium on the grounds that it has been the national manager of a business undertaking, within 6 months of the receipt of the decision on the allocation, that it has been withdrawn without fault as a national administrator and that it has become an employee under paragraph 1, the residence office and the National Recovery Fund may, at its request, reduce the premium retroactively. ';
9.
Calculation of the acceptance price.
(1) The take-over price shall be calculated from the base price of the house by adjusting the base price as follows:
1. For houses allocated to persons listed
(a) in Sections 1 and 6 of the Act of 19 December 1946, No 255 Coll., on members of the Czechoslovak army abroad and on some other participants in the national struggle for liberation,
(b) in § 84, paragraph 1 of Act No. 164 / 1946 Coll.,
(c) in Paragraph 1, paragraph 1 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,
the basic price shall be reduced by 10% to 25% according to their social needs, if not by the persons listed under No 6.
2. For houses allocated to persons referred to in Sections 1 and 6 of Act No. 255 / 1946 Coll., the basic price may be reduced by up to 50% if their economic circumstances are particularly burdensome, especially if the taking-over price would be intolerable for them.
3. For houses allocated to persons with special consideration, the basic price may be reduced by up to 5% to the third and every other child who is not over 14 years old and who are actually cared for.
4. In the case of houses allocated to persons who receive retirement (provision) salaries, after an old-age or widow's pension from public insurance, and have transferred or transferred to a border area insufficiently populated, the basic price shall be reduced by 50%.
5. In the case of houses allocated to persons who will not give up in the event of the assignment of their home to date (§ 37) and who will use the house in particular for the recovery of their own or their family members or for the rental of third parties, the basic price may be increased by up to 200%, on a proposal from the local national committee, taking into account the allocation of employment and the possibility of paying the taking-over price or part of the deposit, as well as the demand for a house or similar houses in the municipality.
6. For houses allocated to persons whose property and family circumstances justify the determination of the taking price by an amount higher than the basic price of the house, in particular persons subject to a levy on property or persons in respect of whom the pension tax exceeds the tax, the taxable amount of the business tax may be increased by up to 25%, after their sum for the calendar year preceding the year in which the house allocation decision was issued, the basic price may be increased.
(2) If there are no reasons for reducing or increasing the basic price under the provisions of paragraph 1, the taking-over price of the house shall be its basic price (§ 17).
(3) The reduction in the basic price of the house referred to in paragraph 1, paragraphs 1 to 3 shall be authorised by the settlement office and the National Recovery Fund in the decision on the allocation at the reasoned request of the applicant, applied for in the application for allocation (§ 45). The total reduction referred to in paragraph 1, Nos 1 to 4 shall not exceed 50% of the basic price. ';
10. Paragraph 19 (2), second sentence, shall be replaced by "not counting" by "counting."
11.
"(5) The loan provided by the fund to the money institution shall be amortised within the period agreed by the allotment to the money institution. Annual annuities are usually to be fixed in such a way that they do not exceed the annual rent duly calculated from the whole house (§ 9 (7)), and if the basic price is increased in accordance with § 18, the annual rent increased in the same proportion as the basic price but not more than 200%, but the allocation would agree to a higher annuity. However, at the end of the loan, the annuity provided for at least 1% of its mortality must be included. The Fund shall give its consent that the claims on the loan granted shall be secured by the deposit of a lien in the land register on the property allocated to the money institution. ';
12. Paragraph 20 reads:
Change in the take-over price.
If, following the surrender of the allocated house (the replacement allocation provided for in Section 5), circumstances which would otherwise have a decisive effect on the level of the accepted prices are apparent, the Fund may readjust the taking-over price within 10 years of the surrender (Paragraph 52) of the allocated house (the replacement allocation), if these circumstances have not been taken into account. '
13. in Article 22, paragraphs 1, 5 and 7 and in Article 22, paragraph 3, the citation "Article 25, paragraph 1, point (c)" is replaced by the citation "Article 25, point (c)."
14.
Other applicants.
If there are no eligible candidates pursuant to § 23 or § 24, homes may be allocated
(a) applicants who have a permanent regular job at the place where the house is situated or in the vicinity of the house where they prove that the general conditions referred to in § 22 are met;
(b) if there are no applicants under (a), tenderers who are already using the house permanently, in particular if they use it with the approval of the occupancy office, if they prove that the general conditions referred to in Article 22 are met;
(c) where there are no such applicants for a house, tenderers who prove that at least the conditions referred to in § 22 (1), § 1, No 1 to 4 and 6 are met. "
15. in Article 36 (1) and in Article 37 (1), the citation "Article 25 (1) (c)" is replaced by the citation "Article 25 (c)";
16. in § 37, paragraph 6, the citation "§ 7 of the Act of 18 July 1946, No. 163 Coll., on emergency housing care measures," citation "§ 9 of the Act of 28 April 1948, No. 138 Coll., on housing management."
17. Article 43 shall be deleted;
18. in Paragraph 45 (1), second sentence, the words "in the proceedings pursuant to Paragraph 43 (1)" shall be deleted.
19. in the second sentence of Paragraph 48 (3), the words "taking-over price" shall be replaced by the words "estimated value" and the words "taking-over prices" in brackets by the words "estimated values."
20.
"(5) If the allocation is left to apply for the implementation of the library order within the time limit laid down by it, this shall be explicitly stated in the decision on the allocation. If the allocation is not made by the library, within the prescribed time limit, the settlement office shall give the library order to its account by a notary or a lawyer. ';
The Minister of the Interior is hereby authorised to amend and declare in the Collection of Laws the full text of Decree No. 163 / 1947 Coll., as is apparent from the amendments made by Decree No. 89 / 1948 Coll. and by this regulation.
This Regulation shall enter into force on the day of its publication; All members of the government will do it.
Zaporocký v. r.
Broad v. r.
Kopecký v. r.
Fierlinger v. r.
Kliment v. r.
Dr. Ševčík v. r.
Děuriš v. r.
Dr Clementis v. r.
Krajčir v. r.
Maj-Gen Svoboda v. r.
Petr v. r.
Dr Gregor v. r.
Dr. Ing.
Nosek v. r.
Dr Neuman v. r.
Dr Dolansky v. r.
Erban v. r.
Dr. Unedible v. r.
Plojhar v. r.
Dr Cap v. r.
Ing. Jankovcová v. r.
Dr. Šrobár v. r.
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Regulation Information
| Citation | Government Decree No. 32 / 1949 Coll., amending and supplementing the allocation regulation for family houses |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.02.1949 |
|---|---|
| Effective from | 23.02.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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