Government Decree No. 46 / 1967 Coll.
Government regulation on the settlement of damage caused by the economic activity of socialist organisations on the physical assets of other socialist organisations and on compensation in investment construction
Valid
Effective from 17.05.1967
46
GOVERNMENT REGULATION
of 6 April 1967
on the settlement of damage caused by the operational economic activity of socialist organisations on the tangible assets of other socialist organisations and on the compensation in investment construction
The Government of the Czechoslovak Socialist Republic pursuant to § 51 paragraph 1 of the Mining Act No. 41 / 1957 Coll., § 9 of Law No. 83 / 1966 Coll. on the Fourth Five-Year Plan for the Development of the National Economy of ČSSR, § 391 paragraph 2 and § 395 paragraph a) of Economic Code No. 109 / 1964 Coll. provides:
Damage settlement
(1) The Socialist Organisation is responsible for the damage caused by other socialist organisations' physical assets
(a) the search and exploration for, the construction or disposal of mining works and equipment, the mining and mining of minerals, and their treatment and processing carried out in connection with mining;
(b) other operating economic activity.
(2) The liability for the damage referred to in paragraph 1 shall only be waived if the organisation proves that the damage was caused by circumstances not originating in an operational economic activity and which could not be prevented even if all the efforts that may be required were made.
(1) Damage is replaced in cash, unless otherwise specified or otherwise agreed by the organisation.
(2) It is replaced by the fact that the property of the damaged organisation has been reduced by a harmful event, *) unless otherwise specified.
(3) If the injured organisation removes damage by measures of the new basic device, the organisation which caused the damage shall also be obliged to:
(a) interest costs, the amount of which shall be calculated on the basis of the average credit burden for the drawing-up and repayment of loans under the credit agreement, on an amount not exceeding the amount of wear on the original basic device. A similar refund shall be granted if the injured organisation uses its own resources to measure the new basic resource. The basis for calculating interest costs shall be reduced by the amount of the subsidy if subsidies are granted on a new basic instrument from the State budget;
(b) the amount corresponding to the contribution from the basic funds, calculated from the difference between the acquisition and the residual price of the original basic vehicle, for the period during which the original basic device which was damaged to the organisation would still have served under the depreciation rules.
(1) If the damaged organisation removes damage to directional and liner construction by investment construction, the organisation which caused the damage shall be obliged to reimburse the investment costs necessary to restore the original function of the base vehicle and other costs necessary to remedy the damage, as well as the amount corresponding to the increase in the contribution from the base vehicle for which Article 2 (3) (b) applies mutatis mutandis. However, the costs associated with the possible extension of the original function or the modernisation of the renewed construction shall not be reimbursed.
(2) In the case of damage to agricultural and forestry crops and crops, as well as to plant and animal production, the assets of the damaged organisation have also been reduced (Section 2 (2)), as well as what the damaged organisation would have achieved in the correct management, cultivation, treatment and harvesting, or in other uses of agricultural and forestry culture and livestock production.
The loss of water shall also be regarded as damage under this Regulation. The organisation which caused the damage shall ensure that the water is used in replacement from another source, or, where appropriate, to compensate for the costs associated with the provision of a replacement water source, where the injured organisation itself has incurred it.
The organisation shall not be obliged to provide compensation for damage to a building that has been built without a building permit or without complying with the conditions laid down in that permit in respect of the protection of the construction against the effects of the activities referred to in Paragraph 1 (1).
An organisation whose activity referred to in Paragraph 1 (1) creates a risk of damage shall notify the organisation whose property is threatened by that activity, the expected consequences on its property, indicating the expected extent of the damage, and discuss with it the starting dates of that activity and the manner and time limits for the removal of the damage. The time limits for the start of this activity must be such that the organisation whose assets are at risk has the possibility to implement the necessary mitigation measures or to eliminate damage (e.g. construction of a new base vehicle).
Unless otherwise provided for in this Regulation, the general provisions of the Economic Code on the Settlement of Damages between Socialist Organisations shall apply. By way of derogation, the specific provisions of the legislation, provided that they provide for compensation for damage caused by an economic activity, shall not be affected by this Regulation. * *)
Refunds in investment construction
Basic funds in the management (ownership) of a socialist organisation to be disposed of for investment purposes by another socialist organisation shall be transferred to the management (ownership) of that organisation unless otherwise agreed by the organisation. When transferring the administration (ownership), the organisation which transferred the basic device shall be reimbursed at the cost of the transferred basic device, less the corresponding wear and reimbursement of the costs associated with the removal, unless the organisation agrees on a different amount of compensation. Where a liquidated basic device is replaced by a new basic device, the refund shall also be granted mutatis mutandis in accordance with Paragraph 2 (3). Paragraph 5 shall apply mutatis mutandis.
Final provisions
(1) Exemptions from this Regulation may be provided for by the Government.
(2) They are repealed.
(a) Government Decree No. 18 / 1956 Coll., on the elimination and settlement of certain damage caused by the operation of mining undertakings;
(b) Decree No. 129 / 1965 Coll., on the financing of measures relating to damage caused to or caused by state organisations on tangible property.
(3) Under this Regulation, the damage suffered since 1967 shall be settled and compensation shall be paid for the basic funds transferred pursuant to Paragraph 8, starting in 1967.
This Regulation shall enter into force on the day of its publication.
Lenárt v. r.
*) These include, for example, the cost of repairing damaged tangible property, the price of the damaged property, which is the cost of the cost less the amount corresponding to its wear, the costs incurred to protect the damaged property and to prevent further damage, the costs incurred for demolition, dismantling, removal and transfer of property.
* *) These are mainly compensation for damage caused by the operation of means of transport (Section 150 of the Economic Code and Sections 427 and 431 of the Civil Code), damage caused by shipments carried (Sections 340 and 341 of the Economic Code and the relevant provisions of the Implementing Rules) and damage caused by exhalations to socialist agricultural and forestry organisations (Government Decree No. 40 / 1963 Coll.).
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Regulation Information
| Citation | Government Decree No. 46 / 1967 Coll., on the settlement of damage caused by the economic activity of socialist organisations on the tangible assets of other socialist organisations and on compensation in investment construction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.05.1967 |
|---|---|
| Effective from | 17.05.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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