Decree No 37 / 1962 Coll.
Decree of the Slovak National Council Bureau on the reimbursement of the costs of maintaining and restoring cultural monuments
Valid
Effective from 07.04.1962
37
DECLARATION
President of the Slovak National Council
of 24 March 1962
on the reimbursement of costs for upkeep and renewal of kultúrnych pamiatok
The Bureau of the Slovak National Council pursuant to § 8 (4) of Act No. 7 / 1958 Coll. SNR, on Cultural Monuments (hereinafter referred to as "the Act") provides:
Care for cultural monuments and alternative actions
(1) The owner of the cultural monument is obliged to take care of its maintenance and maintenance and to make the necessary adjustments or renewal (only "maintenance of the monument") in accordance with the provisions of § 8 (1) and (2) of the Act with its own costs. The same obligation as the owner of the monument shall apply to anyone carrying it; in the case of monuments which are national property, this obligation is fulfilled by an organisation which has a memorial in administration or which has been surrendered to permanent use (§ 103 (2) of the Act.).
(2) If the obliged person or organisation fails to fulfil the obligations referred to in paragraph 1, the district national committee may decide to implement the measures necessary to preserve the memory of the cargo of that person (organisation). For the cargo of a person (organisation) with a memorial, such measures may be carried out only if the person (organisation) is obliged, on the basis of a legal relationship with the owner, to bear the costs of maintaining the monument.
(3) The amount of compensation for the work carried out shall be fixed by the district national committee by an equivalent rate which it shall issue immediately after the implementation of the conservation measure; if it is a real estate monument which is not a national property, it shall immediately arrange that the claim for compensation against the owner is secured by a lien on the real estate monument. The compensation requested for the work carried out shall be reduced by an additional allowance to be granted where appropriate.
Contribution
(1) If the obliged entity (organisation) cannot pay the cost of the necessary adjustment of the monument from its own resources or from a loan granted to it by the State Savings Bank or if it does not benefit from such adjustment, or if it benefits from it but is only insignificant in relation to the cargo, the District National Committee may, upon request, grant it a contribution to cover the cargo up to a limit of 9 / 10; in exceptional cases, especially in the case of necessary preservation or restoration of paintings, frescoes, sgraffiti, plastics and richly fragmented stucco decorations, the entire load may be paid by this contribution.
(2) A request for contribution shall be submitted to the district national committee in whose district the monument is. The applicant is obliged to present the budget of the adjustment costs and, if it is a real estate monument, also state its annual net income over the last three years and the burdens on the real estate.
(3) The district national committee shall decide on the grant of the contribution and its amount on the basis of:
(a) the supporting documents needed to assess the level of costs;
(b) the results of the investigation carried out in that direction, whether or not it will benefit the applicant from the adjustment;
(c) the opinions of the Slovak Institute of Heritage and Nature Protection, if it is a national cultural monument or a real estate monument which lies in a monument reservation, in other cases the relevant regional centre of State Heritage and Nature Protection;
(d) an assessment of the applicant's assets and earnings and its ability to obtain a loan in the State Savings Bank.
(4) If the district national committee recognises that the application for a contribution is justified, it shall determine the amount of the contribution and the conditions under which it is granted; In particular, it shall state that, when transferring ownership of the monument between the living, it may be required that the contribution or part thereof may be recovered. It can also reserve that the memory will be insured and to what extent. The insurance costs shall be borne by the person (organisation).
The allowance shall be paid directly to the organisation which makes the modification of the monument on the basis of invoices certified by the District National Committee. The person receiving the contribution shall submit invoices and documents to the national committee on the extent of the work carried out.
Final provisions
(1) A contribution under Part Two may be granted only exceptionally for the modification of the private-owned monuments, only if they are monuments which do not provide any yield or only a small amount and whose sale price would be negligible, given that they are items of monument protected with a limited economic use (e.g. old windmills, walls, old unused granaries, hams, economic objects, folk architecture, such as barns, chambers, beers or other similar monuments).
(2) Paragraph 1 (2) shall not apply to the adjustments to which the provisions of Act No 71 / 1959 Coll., on measures relating to certain private property, and to the Order of the Ministry of Finance and Justice No 236 / 1959 of the Úl. issued for its implementation, even if the adaptations are also intended to maintain the monument; the provisions of Part Two shall not apply to such adjustments.
(3) The provisions of Part Two shall not apply to monuments owned by the State, churches and religious societies.
This decree shall take effect on the day of its publication.
Strela v. r.
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Regulation Information
| Citation | Decree of the Czech National Council No. 37 / 1962 Coll., on the reimbursement of the costs of maintaining and restoring cultural monuments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.04.1962 |
|---|---|
| Effective from | 07.04.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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