Decree of the Ministry of Education and Culture No. 56 / 1960 Coll.
Decree on the reimbursement of the costs of maintaining and restoring cultural monuments
Valid
Effective from 21.05.1960
56
DECLARATION
Ministry of Education and Culture
of 14 May 1960
on the reimbursement of the costs of maintaining and restoring cultural monuments
The Ministry of Education and Culture provides in the agreement with the Ministry of Finance and other participating central authorities pursuant to § 8 (5) of Act No. 22 / 1958 Coll., on Cultural Monuments ("the Act '):
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 (hereinafter referred to as "maintenance of the monument") in accordance with the provisions of § 8 (1) and (2) of the Act its own costs. The same obligation as the owner of the monument shall apply to anyone carrying it; for monuments which are national property, this obligation is fulfilled by an organisation which manages the monument or which has been surrendered to permanent use (Section 103 (2) of the Act.).
(2) If the obliged person or organisation fails to fulfil the obligations referred to in paragraph 1, the Regional National Committee may decide to implement the necessary measures to preserve the monument on the cargo of that person (organisation). Such measures may be carried out on the cargo of a person (organisation) who has a memorial in his possession 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. The amount of compensation for the work carried out shall be fixed by the District National Committee by an opinion given immediately after the implementation of the conservation measure; if it is a real estate monument which is not a national property, it shall also ensure without delay that the claim for compensation against the owner is secured by a mortgage on the real estate monument.
Contribution
(1) If the obliged entity (organisation) is unable to 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 Facility, or if it does not benefit from such adjustment, or if the benefit is only negligible in relation to the cargo, the Regional National Committee may, at its request, grant it a contribution of up to 9 / 10 of the cargo; in exceptional cases, in particular when the paintings, frescoes, sgraffiti, plastics and richly divided stucco decoration are preserved or restored, the cost may be fully reimbursed by this contribution.
(2) A request for contribution shall be lodged with the Regional National Committee in whose district the monument is located. The applicant is obliged to present the budget for the adjustment costs and, as regards the real estate monument, also state its annual net income over the last three years and the burdens on the real estate.
(3) The Regional 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 outcome of the investigation on whether and what benefit the applicant will make in making adjustments;
(c) the opinions of the State Heritage and Nature Protection Institute, if it is a national cultural monument or a real estate monument located in a monument reservation,
(d) an assessment of the applicant's assets and earnings and its ability to obtain a loan from the State Savings Bank.
(4) If the Regional National Committee recognises that the request 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 the property is transferred to a monument between the living, a part of it may be required to be repaid. It can also define that the monument will be insured and to what extent.
The allowance shall be paid directly to the organisation which makes the modification of the monument on the basis of invoices certified by the Regional National Committee. The person receiving the allowance shall be required to submit invoices to the Committee and evidence of the extent of the work carried out.
Final provisions
The Regional National Committee may entrust a subordinate body or establishment to carry out, in its place, certain acts relating to it under this Order.
(1) The modification of the private-owned monuments may be granted only exceptionally under Section II, only if it concerns monuments which do not provide any yield or only a very small one and whose sale price would be taken into account for the fact that they are protected by a monument with limited economic use (e.g. old windmills, walls, old unused granaries, hams or other similar monuments).
(2) Paragraph 1 (2) shall not apply to the arrangements covered by the provisions of Act No 71 / 1959 Coll., on measures relating to certain private household property, and the Order of the Ministries of Finance and Justice No 236 / 1959 Ú. l., issued for its implementation, even if the arrangements also aim to maintain the monument; such adjustments shall not be subject to the provisions of Section II.
(3) The provisions of Section II shall not apply to monuments owned by the State, churches and religious societies.
This decree is valid only in Czech regions and takes effect from the date of publication.
Minister:
Kahuda v. r.
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Regulation Information
| Citation | Decree of the Ministry of Education and Culture No. 56 / 1960 Coll., on the reimbursement of the costs of maintaining and restoring cultural monuments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.05.1960 |
|---|---|
| Effective from | 21.05.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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