Government Decree No. 5 / 1951 Coll.

Regulation implementing the Law on the Accommodation of Defence Power and the National Security Corps

Valid Effective from 05.02.1951
5.
Government Regulation
of 23 January 1951
implementing the Law on the Accommodation of Defence Power and the National Security Corps.
The Government of the Czechoslovak Republic orders pursuant to § 2 (3), § 3 (3), § 4 (5), § 5, § 6 (5) and § 10 (2) of Act No. 94 / 1950 Coll., on the Accommodation of Defence Power and the National Security Corps ("the Act '):

Oddíl 1.

Accommodation duty.
§ 1.
Scope of accommodation obligation.
If the power of defence or the SNB cannot be accommodated in their own accommodation facilities, the holders of other suitable facilities shall be obliged to provide the members of these choirs for the duration of the accommodation so that:
(a) generals, senior officers and other members of the armed authority or the SNB in the capacity for which the rank of General or Senior Officer is planned, and commanders of the SNB's concentrated divisions have been accommodated in one room;
(b) lower officers, low-level professional officers and SNB officers have been accommodated in a maximum of three rooms,
(c) for other sub-officers and for members of the team, an area of at least 4 m2 per person and an airspace of at least 12 m3; if accommodation does not last more than 10 days, this area may be reduced in the absence of accommodation, but the persons staying must always have enough space to relax and store equipment and equipment.
Obligation to supply certain movable means of accommodation.
§ 2.
(1) The accommodation obligation also includes the obligation for object holders to provide the necessary indoor facilities, in particular tables, chairs and beds, as well as the candlestick and in winter heating. If the object holders are not also holders of these needs, they are obliged to supply them to other persons who hold them.
(2) If there are not enough vacant or unused beds in the village, the place of duty to deliver beds is the duty to deliver beds for the accommodation of men and petty officers per person 10 kg of straw or equivalent, or up to 20 kg of substitute less valuable.
§ 3.
From the eleventh day of accommodation, beds, straw and heating for persons referred to in § 1 (c) shall be provided by the military authorities or the SNB itself; However, if this is associated with disproportionate transport or other difficulties, it will provide these needs for the submission and cargo of military administration or SNB at the usual prices.
§ 4.
Obligation to house horses and other animals.
Holders of stables or other suitable premises shall be required to provide them for the housing of horses or other animals as long as necessary. The housing of one horse shall be at least 5 m2 and the airspace shall be at least 24 m3.
§ 5.
Obligation to supply certain movable means of housing.
The obligation to house also includes the obligation to provide the necessary stables, as well as the candlestick, and on the horses and day 2 kg of straw or up to 4 kg of other place of usual litter. Paragraph 2 (1) of the second sentence applies mutatis mutandis; Paragraph 3 shall apply mutatis mutandis to the supply of straw (other litter).
§ 6.
Obligation to provide certain other rooms (spaces).
For the purposes of the components of the military power or SNB for accommodation, in particular for offices, classrooms, storerooms, workshops, sickrooms and for the location of vehicles of all kinds, the holder of the building shall be obliged to provide rooms (spaces) with equipment to the extent appropriate to the actual need.
§ 7.
Exemption from accommodation obligation.
(1) Objects or rooms may not be used for the accommodation of military power or SNB,
(a) in which the representative offices or apartments of the persons to whom the law of exteritoriality applies are situated, subject to reciprocity;
(b) where accommodation would jeopardise the proper functioning of the public administration or the judiciary or the economic economy, for cultural life.
(2) When imposing the accommodation obligation, the holder of the accommodation must keep the premises which he needs for himself and his family members, if necessary for his staff.
§ 8.
Obligations of the holder of the object.
(1) If the holder of an accommodation obligation is not maintaining it in a state of normal use, the military administration or SNB may make the necessary repairs and remove defects on the holder's cargo.
(2) Adjustments to improve the accommodation of military power or SNB or to adapt the required objects to the specific needs of military power or SNB can only be made to the cost of the State. If the holder insists on this, the object must be restored to its original state on the national cargo after the accommodation has been completed.
§ 9.
Refund for accommodation.
(1) A refund shall be granted for the accommodation of the armed forces or the SNB and the movable means supplied at the rates set out in the Annex hereto. It shall not be the responsibility of the National Committee as the holder of the premises; he shall be entitled to compensation for the movable assets supplied by the national committee only if he has obtained them for consideration. The housing companies of the socialist sector shall be compensated for the full price of accommodation in these enterprises.
(2) If the accommodation of the military power or SNB does not last all day, compensation for the whole day shall be granted. However, if, within 24 hours, there are several units (persons) in the same building, only one refund shall be payable to the holder of the building at the most favourable rate.
§ 10.
Payment of the refund for accommodation.
(1) Reimbursement of accommodation is paid every 10 days; However, if accommodation lasts less than 10 days, the full refund shall be paid at the same time before its termination.
(2) The refund for all holders in the municipality is paid through the local national committee; the local national committee shall immediately pay to the individual holders of the premises, in the case of other persons who have provided the funds in kind, the amounts due to them.
(3) If the accommodation obligation, after the obligation to deliver certain movable assets, has exceptionally been imposed on the holders directly by the military authorities or the SNB, the refund should also be paid directly to them.
§ 11.
Compensation for damage caused by accommodation.
(1) The state of the building shall be determined by the authorities of the military administration or the SNB when it is taken over for accommodation purposes and when it is surrendered after the accommodation has been completed, with the participation of the holder or in his absence with the representative of the local national committee.
(2) No compensation shall be granted for wear caused by normal use as well as for damage (for movable property or for loss) caused by accident or by the holder, by members of his family and his staff or by third parties for whom the military administration or SNB is not responsible.
(3) The period for claiming compensation under Article 3 (2) of the Act shall begin on the day following the date on which the accommodation was surrendered to its holder after the completion of the accommodation.
§ 12.
Compensation for damage caused by exercise.
(1) The claim for compensation caused by exercise of the military power or the SNB on land or cultures shall apply to the relevant local national committee within 30 days of the end of the exercise, otherwise the claim shall cease; However, claims for damage must be made to the local national committee within the first 5 days of this deadline. The local national committee shall make an inventory of the damage claimed and, in agreement with the military authorities or the SNB, shall declare the normal time for claims for compensation to be dealt with. If there is no agreement on entitlement to compensation, it shall be decided by the District National Committee.
(2) The provisions of paragraph 1 shall also apply to cases where damage was caused on land or cultures of another service.
§ 13.
Natural catering for military power and SNB.
(1) In the case of armed and rescue assistance, only members of the armed authority or the SNB may request food and feed from local national committees, which shall be declared by written order issued by the relevant headquarters. Food and feed may be required according to the unit's numerical status to the extent set out in the Annex to this Regulation.
(2) The competent headquarters (paragraph 1) will pay compensation at normal consumer prices for the food and feed delivered, at the latest once the task of the unit has been completed. The refund shall be referred to the local national committee, which shall pay it immediately to individual food or feed providers.
(3) The details of the implementation of paragraph 2 are laid down by the Ministry of Food Industry, in agreement with the Ministry of National Defence and National Security, by a decree in the Official Gazette.

Oddíl 2.

Management with military flats and SNB flats.
§ 14.
Relation to general housing regulations.
Save as otherwise provided in the Act or in this Regulation, the provisions of Act No. 138 / 1948 Coll., on the Management of Houses and the Implementing Rules issued thereto shall apply mutatis mutandis to the management of military flats and SNB flats.
§ 15.
Scope.
(1) If the law or this regulation does not specifically entrust the management of military apartments or of SNB apartments to local national committees, it shall:
(a) with military apartments, military local headquarters (military housing offices);
(b) with SNB apartments, the Regional National Security Command (SNB housing offices).
(2) Where necessary, the Ministry of National Defence and National Security may reserve the exercise of the powers referred to in paragraph 1 (a) and (b).
§ 16.
Flat shifts.
(1) The exchange of military apartments or apartments of SNB for other apartments can be carried out only if the military housing office or the SNB housing office and the local national committee agree. During these shifts, the military apartment or apartment of SNB loses this character and receives it second.
(2) If an occupational military person or a member of the SNB in active service changes the military apartment or apartment of the SNB for an apartment in a family home allocated to him from confiscated property, his current apartment does not lose the nature of the military apartment or apartment of the SNB, but the order (s) for its removal under Paragraph 6 (2) of the Act may be issued only with the consent of the Ministry of National Defence, following the case of the Ministry of National Security, granted in agreement with the Ministry of Labour and Social Welfare.
Releasing apartments.
§ 17.
(1) Where a military housing office or an SNB housing office pursuant to Article 6 (1) of the Act or a local national committee pursuant to Article 6 (2) of the Act issues an order (notice) to vacate the military apartment or apartment of the SNB used under a lease or other contract of use, it shall at the same time declare the contract cancelled in the order (notice).
(2) If the SNB's military apartment or apartment was located on 1 August 1950 next to persons who were, or on 4 June 1948, professional, retired or military pensioners or members of the SNB's active or retired, other persons shall not be subject to an order (measure) to vacate the apartment pursuant to Article 6 (1) or (2) of the Act until they have been ordered an adequate replacement apartment.
§ 18.
(1) If a military professional or an SNB member in active employment wishes to move into an apartment in his or her own family home or family home of a member of his or her family, the local national committee, acting on a proposal from the military housing office or the SNB's home office, shall declare the lease or other contract of use of that apartment cancelled.
(2) In the absence of an adequate replacement apartment from the military housing office or the SNB's home office to the occupant of the apartment, it shall be ordered by the local national committee declaring the lease or other contract of use to be cancelled, following the case of another local national committee.
§ 19.
Spare apartments.
(1) The replacement apartment must always be commanded at the same time as the order (s) to clear the apartment.
(2) When ordering replacement apartments, account shall be taken of the personal and family circumstances of the person concerned.
(3) Persons who are engaged in an active occupation in order to carry out the tasks of a single economic plan may be ordered a replacement apartment in another municipality only with the agreement of the Regional National Committee, granted in agreement with the Regional Military Command or with the Regional Command of National Security.
(4) If the military housing office or the SNB's housing office orders a person who is required to vacate the military apartment or the SNB's apartment under Paragraph 6 (2) of the Act, as a replacement apartment for another military apartment or SNB's apartment, it does not lose the replacement apartment of that nature, but the order for it to be cleared under the same provision may be issued only with the consent of the Ministry of National Defence, after the case of the Ministry of National Security, granted in agreement with the Ministry of Labour and Social Welfare.
§ 20.
Driving.
(1) The military housing offices and housing offices of the SNB shall proceed in proceedings in matters governed by the law and by this Regulation in accordance with the administrative rules.
(2) There is no appeal under the decisions of the military housing offices or the SNB housing offices where they are directed against military professional persons or members of the SNB in active service. Where such a decision is directed against other persons, those persons may appeal from the decision:
(a) a military local headquarters to the headquarters of the circuit, which shall decide definitively;
(b) the Regional National Security Command to the Ministry of National Security.
§ 21.
Cleaning apartments.
(1) The rightful premises (s) for clearing the apartments are execution titles and are carried out by administrative or judicial execution.
(2) Execution can only be carried out if an adequate replacement apartment has been ordered and the apartment is cleared.
§ 22.
The concept of a family home.
A family house under the law and this Regulation means a house with one or two apartments, after another apartment, if it was set up using a narrow construction site.
§ 23.
Implementing regulations.
In agreement with the Ministry of Labour and Social Welfare, the Ministry of National Defence and National Security shall issue detailed regulations in an official document to implement the provisions of this Section.

Oddíl 3.

§ 24.
Efficiency and execution.
This Regulation shall enter into force on the day of its publication; They shall be implemented by national defence and national security ministers in agreement with the participating members of the Government.
Zaporocký v. r.
Maj-Gen Dr. Čepice v. r.
Caprine v. r.

Annex to Government Regulation No 5 / 1951 Coll.
A.
Paragraph 9 (1).
Rate of refund for accommodation.
1. Compensation for accommodation of military persons in the profession and members of the SNB.
Za obytné místnosti*)
v místech o počtu obyvatelse zařízením,
posluhou,
osvětlením
a otopem
bez osvětleníbez otopubez osvětlení
a bez otopu
denně Kčs
25.000 a více2422.501816.50
méně než 25.0001816.501210.50
2. Compensation for accommodation of petty officers and staff.
Za ubytování osoby a den v haléřích
v místech o počtu obyvatels osvětlením,
otopem*)
a slámou na spaní
(lůžkem)
bez osvětleníbez otopubez slámy
na spaní
(lůžka)
bez osvětlení,
otopu,
slámy na spaní
(lůžka)
25.000 a více10090808050
méně než 25.0008070606030
3. Compensation for horse housing, for other animals.
Za ustájení 1 koně (zvířete) a den v haléřích
v místech o počtu obyvatelse stájovým nářadím,
osvětlením
a stelivovou slámou
bez osvětleníbez stelivové
slámy
bez osvětlení
a bez stelivové slámy
25.000 a více16015010090
méně než 25.0001401308070
4. Compensation for providing other premises (offices, classrooms, warehouses and j.).
Za jiné ubytovací prostory (kanceláře, učebny, skladiště a pod.) za místnost a den v Kčs
v místech s počtem obyvatelse zařízením,
osvětlením a otopem
bez osvětleníbez otopubez osvětlení
a bez otopu
25.000 a více1614108
méně než 25.000141286
The rates specified in Table 4 are valid for rooms with a surface area not exceeding 60 m2; if the room is more than 60 m2, the rates indicated shall be applicable for each additional 60 m2 of area, the rest of the area over 30 m2 being calculated for the whole replacement unit.
5. Compensation for the location of certain weapons and means of transport.
(a) The placing of cars, cars, works, tanks and aircraft in the shed, remis, shelters and stoves shall be paid for the vehicle and the day 1.50 CZK, the aircraft and the day 3 Kcs,
(b) the garaging of cars in properly built and necessary garages is paid per day and the separation (i.e. box) of 7 Kcs,
(c) the placing of cars and aircraft in a common properly built and equipped garage (hall, hangar) shall be paid for the motor vehicle and day 5 Ccs and for the aircraft and day 8 Ccs.
No refund shall be paid for drinking or productive water consumed.
B.
Paragraph 13 (1).
Overview of dietary and feed doses.
1. Military persons and members of the SNB may be required (for men and days):
for breakfast: 1 / 2 l white coffee (made of a substitute), 250 g bread and 100 g jam;
for lunch: 1 / 2 l beef soup with a boil, a portion of 120 g beef with bones, 1 / 3 l black coffee (from a substitute) and 200 g bread; 100 g of pasta, groats, leguminous vegetables or 500 g of raw potatoes, or 140 g of flour with sauce, cabbage and the like, all covered with 35 g of fat;
for dinner: 1 / 2 l soup with 100 g of beef, the same food as for lunch, greased 35 g of fat, 1 / 3 l of black coffee (from a substitute) and 250 g of bread.
2. For one horse and day, the following may be required:
5 kg oat, 5 kg hay and 3 kg straw.
*) If more than one person is accommodated in the living room, 50% of the rate shown in the table shall be paid for each additional person, but no lighting and heating shall be taken into account.
*) Lighting shall be supplied by the holder of the object as required; The rooms are heated to 16 ° - 18 ° C.

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Regulation Information

CitationGovernment Decree No. 5 / 1951 Coll., implementing the Law on the Accommodation of Defence Power and National Security Corps
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation05.02.1951
Effective from05.02.1951
Effective until-
Status Valid
The regulation text is for informational purposes only.
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