Decree of the Minister of the metallurgical industry and ore mines and chief arbiter of the Czechoslovak Socialist Republic No. 58 / 1962 Coll.
Decree of the Minister of the Metallic Industry and the ore mines and main arbiter of the Czechoslovak Socialist Republic on the purchase of surplus stocks of metallurgical products and their planned return to circulation
Valid
Effective from 05.07.1962
58
DECLARATION
Minister of the metallurgical industry and ore mines and chief arbiter of the Czechoslovak Socialist Republic
of 29 June 1962
on the purchase and planned return of surplus stocks of metallurgical products
To ensure the needs of the national economy with basic metallurgical products, all available resources, including unused consumer stocks, should be fully used. In order to avoid disrupting the balance sheet allocation as a result of direct exchange, in particular the lack of metallurgical products between undertakings, it is necessary to distribute these products correctly through the sales organisation of the Ministry of Steel and ore mines. Therefore, in an agreement with the State Planning Commission, the Minister for the metallurgical industry and ore mines and the main arbiter of the Czechoslovak Socialist Republic, pursuant to § 26 (3) of Act No. 165 / 1960 Coll., on the Third Five-Year Plan for the Development of the National Economy of the Czechoslovak Socialist Republic, and § 190 and 192 of Act No. 69 / 1958 Coll., on Economic Relations between Socialist Organisations:
Purchases
Subject matter and scope
(1) This decree regulates the purchase and return into circulation of surplus consumer stocks of the following fabricated metallurgical products:
Rolled material, steel tubes, fabricated secondary products and non-ferrous metals.
(2) Excessive consumer stocks under this Decree are the stocks of the organisation,
(a) which the organisation has proven not to use for the performance of the planned tasks in the current year or by the end of the first quarter of next year, and
(b) whose wholesale price for iron metallurgy products in a single product-specific case (i.e. quality, design, profile, dimension, thickness) exceeds 900 Kcs and 500 Kcs for non-ferrous metals.
Offer and redemption
(1) Organisations (hereinafter referred to as "consumers") are required to offer in writing their surplus consumer stocks of metallurgical products to the area-relevant metallurgical outlet for redemption within a maximum of 3 months from the date on which they find that they have such surplus stocks.
(2) Consumers who have offered stocks for purchase to a metallurgical outlet may, by the end of the four-month period referred to in paragraph 5, dispose of them or consume them only with their permission.
(3) The consumer's offer is a proposal for an economic contract; it contains, in addition to the requirements laid down, in particular the precise marking of the products by quality, brand, species, profiles, dimensions, lengths, thickness, surface condition, characterising the products offered.
(4) Metal sales bases are required to be redeemed within 6 weeks of receipt of the offer of metallurgical products corresponding to technical standards, undamaged (full-value products) and listed in the "List of the stock range of metallurgical products in metallurgical outlets." The assessment of the full value of purchased metallurgical products gives a metallurgical sales base.
(5) For other metallurgical products that do not comply with technical standards or are damaged (incomplete products) or are not included in the "List of metallurgical products in metallurgical outlets', the metallurgical outlet shall assess the possibility of using these offered products for the national economy and shall redeem them within 4 months or recommend other uses to the consumer or confirm that they are unfit for the planned tasks of the national economy. If the metallurgical sales base confirms that the products are unfit for the planned tasks of the national economy, it shall send a copy of the certificate to the Czechoslovak State Bank branch that holds the consumer account.
(6) Stocks in the national economy of unfit metallurgical products do not purchase metallurgical outlets.
Delivery conditions
(1) The supply of excess metallurgical products purchased is satisfied on the date of conclusion of the contract. On that date the products are transferred to the management of the metallurgical sales base and the consumer is obliged to invoice and store them separately.
(2) For purchased metallurgical products, the place of supply is the consumer's warehouse.
(3) In order to avoid unnecessary handling and transport, the consumer is obliged to store the products purchased free of charge for a metallurgical outlet for 3 months from the date of purchase; longer storage after this period may be ensured by the conclusion of a storage agreement.
(4) The consumer is obliged to send the purchased products to the customer's destination or to the warehouse of the relevant metallurgical outlet on order of the metallurgical outlet.
(5) Where metal products are purchased or supplied with incomplete metal products, the information must be given in the economic contract, in particular the indication of defects. The consumer shall be responsible for the defects of the non-full metallurgical products transmitted only if the parties so agree in the contract. The same liability applies to the supply to other customers of the so-called non-full-value purchased products from metallurgical outlets.
Prices
(1) Full-value products will purchase metallurgical outlets at wholesale prices without any stock premium. Other surpluses (e.g. length, metal certificates) are only paid if the parties agree.
(2) Invalid products, but fit in the national economy, buy metal sales bases at wholesale prices less a discount corresponding to defects, a state of degradation of products or their potential fitness. The amount of the discount is determined by the metallurgical sales base in agreement with the consumer.
Measures to ensure redemption
Validation of the purchase of surplus stocks
(1) For purchased, full-value metallurgical products, the metallurgical outlets display a certificate of the purchase of surplus stocks of the quantity purchased.
(2) For the purchased non-full metal products, the metallurgical outlets shall be subject to a certificate of the purchase of surplus stocks equivalent to their partial depreciation and, where appropriate, their limited applicability in the national economy.
(3) Excess stock purchase certificates may be used by consumers in the current year
(a) to purchase metallurgical products from the stocks of any metallurgical sales base, including on other items of the list of products of the Ministry of the metallurgical industry and the ore mines, other than those on which a certificate of the purchase of surplus stocks has been issued. In such cases, the excess stock purchase certificate shall replace the material funds. When buying, the following product types shall be substituted:
1. only within the basic material group (i.e. rolled material, tubes, fabricated primary products, raw materials and semi-finished materials of heavy non-ferrous metals, and raw materials and semi-finished products of light non-ferrous metals) to which the purchased metallurgical product belonged; and
2. in proportion to the workload of the products purchased and purchased; the indicative working coefficients of the products are available for inspection at the metallurgical outlets;
(b) to demonstrate actual metal savings by transmission to the central authority of a superior consumer.
(4) Confirmation of the purchase of surplus stocks is not a planning document. *) The metallurgical outlets are obliged to assist consumers in obtaining the metallurgical products for the certificates they have issued.
Property sanctions
(1) If an organisation adds or withdraws, contrary to the provisions of this Ordinance, metallurgical products referred to in § 1, both organisations shall pay to the State budget an amount equal to twice the price of the metal products unduly obtained. In this amount there is also a contribution to the state budget pursuant to § 7 (2) of Act No. 69 / 1958 Coll.
(2) The amount shall be calculated by a metallurgical sales base to which the supplier organisation belongs and communicated to the participating organisations. A copy of the notification shall take note of the branches of the Czechoslovak State Bank for which these organisations have accounts.
Control and advisory activities
(1) The sales association of the Ministry of the metallurgical industry and the ore mines coordinates the activity of the purchase and use of surplus consumer stocks of metallurgical products between the metallurgical outlets.
(2) Authorised personnel of the Department of Steel Industry and ore mines and metallurgical outlets in order to ensure better use and storage of fabricated metallurgical products with consumers are entitled to require the necessary information on stocks from consumers when carrying out their advisory activities, to view stock movements, to enter the premises where the metallurgical products are processed and stored. This authorisation shall not apply to the special production section and to the armed forces of the Ministry of National Defence and Interior.
Authorised direct purchases and exchanges
(1) Undertakings subordinate to the same Ministry (Central Authority) or to the Regional National Committee, where appropriate, may assist each other with direct supplies from surplus stocks of metallurgical products, if they lend for supplies intended for:
- for centralised investment construction
- for a task determined by the government
- to ensure state defence
- for export
- for new technology products.
(2) In order to ensure their own planned tasks, organisations may, where appropriate, transfer or deliver metallurgical products to organisations outside their own resort, in cooperation with undertakings working for them at wages.
(3) The delivery operations referred to in paragraphs 1 and 2 shall be indicated in the relevant documents for inspection purposes.
Transitional and final provisions
(1) For 1962, the following derogation periods shall apply:
(a) the period referred to in Article 2 (4) is extended to 3 months;
(b) the period referred to in Article 3 (3) is extended to 6 months.
(2) The provisions of this Decree shall not apply until 31 December 1962 to the supply and supply of surplus stocks of metallurgical products by local economic organisations and production cooperatives.
The Ministry of the metallurgical industry and ore mines in the agreement with the State Arbitration of the Czechoslovak Socialist Republic may allow exemptions from the provisions of this decree if it goes on to carry out tasks performed by research institutes and development centres, including the scientific institutes of universities and the Czechoslovak Academy of Sciences.
This Decree shall take effect on 5 July 1962.
Minister of Metal Industry and the ore mines:
Tailor v. r.
Main Arbiter of the Czechoslovak Socialist Republic:
Dohnal v. r.
*) § 23 (2) (a) of Act No. 69 / 1958 Coll.
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Regulation Information
| Citation | Decree of the Minister of the metallurgical industry and ore mines and the main arbiter of the Czechoslovak Socialist Republic No. 58 / 1962 Coll., on the purchase of surplus stocks of metallurgical products and on their planned return to circulation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.07.1962 |
|---|---|
| Effective from | 05.07.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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