Decree No. 40 / 1963 Coll.
Government Decree on compensation for damage caused by exhalation of socialist agricultural and forestry organisations
Valid
Effective from 01.06.1963
40
GOVERNMENT DECLARATION
of 16 May 1963
on compensation for damage caused by exhalation of socialist agricultural and forestry organisations
The Government of the Czechoslovak Socialist Republic provides pursuant to Act No. 69 / 1958 Coll., on Economic Relations between Socialist Organisations, and Act No. 121 / 1962 Coll., on Economic Arbitration:
Preliminary provisions
The interest of socialist society in the constant development of agricultural production and forestry, as well as the principle of cooperation between socialist organisations, requires industrial enterprises, in cooperation with agricultural and forestry organisations, national committees and production agricultural administrations, to implement effective measures to limit the damage caused by the unbundling of gaseous and solid substances from the operation of industrial enterprises ("exhalation '). The damage suffered by socialist agricultural and forestry organisations because such measures did not take place shall be reimbursed in accordance with other provisions of this decree.
Definition of compensation obligations
(1) An industrial undertaking which has caused exhalation damage to a socialist agricultural or forestry organisation is obliged to make good the damage without prejudice to fault. It is replaced by what the property of the damaged organization has diminished.
(2) In the case of damage caused by exhalation in forest areas, the losses in production existing at the time of extraction and the increase in mining, transport and afforestation costs due to premature or diffuse extraction shall be reimbursed to the single agricultural cooperatives and public forest organisations pursuant to the preceding paragraph.
(3) In the case of damage to agricultural crops, the single agricultural cooperatives shall also be replaced by what would have been achieved in the case of proper cultivation and treatment and in the case of harvesting carried out during agri-technical periods or other use of agricultural culture (e.g. grazing) if the adverse effects of exhalation had not occurred. This shall apply mutatis mutandis to compensation for damage to livestock production; However, the reduction in performance and death of animals due to feeding by exhalation of degraded fodder is not covered.
(4) Furthermore, the injured organisation shall be reimbursed for the costs it has incurred effectively to reduce the damage if they have not been reimbursed in accordance with the provisions of the preceding paragraphs.
Synergies between state authorities and damaged organisations
(1) The authorities planning agricultural production and forestry shall take account of the adverse effects of exhalation when determining the farming of socialist agricultural and forestry organisations.
(2) The county national committees and the production of agricultural administrations ensure that measures are implemented in agricultural production and forestry to reduce the harmful effects of exhalation and, where appropriate, avert. To this end, socialist agricultural and forestry organisations give guidance on the application of the farming method and the production methods by which the extent of the damage caused by exhalation is reduced (for the cultivation of certain crops and livestock farming, for the use of appropriate agri-engineering, fertilisation, feed treatment, etc.) and in particular guide the location of agricultural crops so that less resilient crops are grown in hunts where the effects of exhalation are less harmful.
(3) Agricultural and forestry organisations are required to take appropriate measures to mitigate the damage caused by the exhalation as far as possible, in particular taking into account the guidelines of the District National Committee and the production of agricultural management.
Responsibility of several industrial enterprises
If several industrial companies were eligible for the exhalation, they shall be responsible for it according to the ratio in which they caused the damage. If this ratio cannot be ascertained, they correspond equally.
Damage detection
Socialistic agricultural and forestry organisations, in cooperation with industrial enterprises and in cooperation with national committees and production agricultural administrations, shall continuously identify the harmful effects of exhalation and other factors (state of culture, proper cultivation, in particular compliance with agri-technical deadlines, etc.) relevant to the reliable detection of damage and its extent under the guidelines of the Ministry of Agriculture, Forestry and Water, issued in cooperation with the central authorities involved. The Regional National Committees and the production of agricultural administrations shall encourage the participating organisations to cooperate and to ensure that speculative claims for compensation are not applied and that justified claims are treated amicably.
Dispute settlement
Disputes on compensation under this decree, although the damaged organisation is a single agricultural cooperative, are decided by economic arbitrage.
Final provisions
The provisions of this decree apply to compensation for the damage caused by the exhalation of industrial enterprises to socialist agricultural and forestry organisations which have been created for its effectiveness. In cases not covered by the Decree, the provisions of Act No. 69 / 1958 Coll., on Economic Relations between Socialist Organisations, in particular the provisions on the abolition of the right to compensation, apply.
This Decree shall take effect on 1 June 1963.
Broad v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 40 / 1963 Coll., on compensation for damage caused by exhalation of socialist agricultural and forestry organisations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.05.1963 |
|---|---|
| Effective from | 01.06.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0