Decree No. 72 / 1964 Coll.
Decree of the Ministry of Finance on the acquisition of property by socialist organisations by citizens and private legal persons
Valid
Effective from 01.05.1964
72
DECLARATION
Ministry of Finance
of 1 April 1964
on the acquisition of property by socialist organisations by citizens and private legal persons
The Ministry of Finance, in agreement with all central authorities and authorities, provides for the administration of national property under Section 21 of Decree No. 81 / 1958 Coll.:
Subject matter
This decree regulates the contractual acquisition of goods by socialist organisations from citizens and private legal entities in full or in part in cash.
This decree does not apply to acquisition of:
(a) by socialist organisations (hereinafter referred to as "organisations") where they belong to the object of their business to obtain them in return for payment from citizens and to sell them in the same state, after adjustment or processing (e.g. purchase of forest crops, medicinal herbs, postage stamps and philatelic goods, books, jewellery, etc.);
(b) productive and breeding animals, agricultural crops and dead agricultural inventory by socialist agricultural organisations;
(c) small animals for laboratory and research purposes;
(d) works of art or science from their authors, widows and minor orphans to them;
(e) rights,
(f) inventories and stocks acquired from landowners not subject to redemption pursuant to § 2 of Act No. 46 / 1948 Coll., on new land reform. *)
Acquisition of goods
(1) An organisation may acquire from a citizen in return for payment unless otherwise provided for in specific provisions
(a) only real estate for the planned development needs of the national economy and objects of cultural or scientific value for galleries, museums, scientific institutes;
(b) goods other than those referred to in point (a) need them necessarily for the performance of their tasks and cannot be obtained from another organisation within a reasonable period of time.
(2) The acquisition of a case by a citizen is also considered to be the acquisition of a case by a socialist organisation entrusted by the citizen to sell it on his behalf.
(1) The acquiring organisation shall:
(a) examine whether the acquisition will comply with the provisions in force, in particular those on planning, budgeting and foreign exchange management;
(b) examine whether the payment of the case does not exceed the price of the case corresponding to the provisions in force;
(c) require a citizen to certify his or her ownership and, if he or she is a co-owner, to also certify the amount of the co-ownership;
(d) to request the approval of a superior body if the authorisation is necessary under the provisions of Section 5;
(e) in the contract, state that a citizen declares in writing before payment whether or not he or she owes the socialist organisation the amount and for what reason he or she owes and is entitled, before payment of the cash payment to the citizen, to pay his or her debts towards socialist creditors.
(2) The Socialist organisation entrusted by the citizen to sell the case on his behalf has the obligations referred to in paragraph 1 (b), (c) and (e) and the acquiring organisation has the obligations referred to in (a) and (d).
(1) The Central Authorities and the Regional National Committees may acquire matters without authorisation.
(2) Save as otherwise provided, the authority shall be responsible for assigning the case to the organisation of the superior.
(3) The central authorities and the Regional National Committees may provide that organisations managed by them may acquire a case of up to 50 000 CZK without the acceptance of a case.
(4) The Regional National Committees may, without authorisation, acquire items of up to 50 000 CZK and local national committees of up to 10 000 CZK.
(5) Where national committees may acquire items in accordance with paragraphs 1 and 4 without authorisation, they shall be responsible for giving the election to national committees of lower degrees and to organisations managed by national committees.
(6) Regional national committees may, in general or in certain cases, restrict the authorisations of national committees of lower degrees which they have under paragraphs 4 and 5.
(7) Regional and local national committees may determine in which cases organisations controlled by them do not need to be authorised to acquire the case, but only up to the level of their authorisation under the preceding paragraphs.
(8) Regional national committees may, in general or in certain cases, extend the authorisations of urban and district national committees which do not exercise the competence of district national committees. This authorisation may be extended only to the level of the approval of the district national committees.
(9) The single agricultural cooperative may acquire items without acceptance up to a price of 5000 CZK; at a higher price only with the permission of the district production farm administration in whose district the cooperative is located.
(10) The organisation may only acquire items from its own worker with the permission of a directly superior body and a national committee with the approval of a national higher-level committee.
Method of payment of cash remuneration
(1) The organisation shall pay the civil servant in cash or, if the citizen has a deposit account with the public savings bank and provides the organisation with its number, without cash. However, more than 5000 Kčs will be paid by the organisation through the state savings bank, which will be designated by the citizen. *)
(2) The provisions of the foreign exchange regulations are without prejudice.
Transitional provisions
Release of some interest-free accounts
(1) Under the conditions set out below, the State Savings Bank will release funds in interest-free accounts
(a) whose balance on 1 May 1964 does not exceed 5 000 CZK; or
(b) obtained from the sale of family houses and holiday huts, including land built by them, land intended for the construction of family houses and holiday huts, housing and farm buildings of small and medium-sized farmers, up to the amount of the payment for these items.
(2) The State Savings Bank will only release funds if the citizen declares in writing that he has no cash debts towards the State and socialist organisations, or if he gives an order to the State Savings Bank to pay those debts.
(3) The provisions of paragraphs 1 and 2 shall not apply to interest-free accounts to which funds are contractually or by virtue of a decision assigned to them (Paragraph 9) other than those assigned under the exemption granted by the District National Committee under Section 18 of Decree No 18 / 1963 Coll.
The funds deposited before the validity of this Order in interest-free accounts covered by Decree No. 19 / 1963 Coll., on the acquisition of property by socialist organisations by citizens and private legal persons, unless they have been made available pursuant to § 7, shall remain in those accounts and shall be released in accordance with further provisions.
(1) Funds in interest-free accounts still subject to a contract or a binding decision remain so committed and may be paid only in the cases and under the conditions set out in Sections 10, 12 and 13.
(2) If a citizen returns from the interest-free account of the assigned organisation the relevant price difference or uses it demonstrably for the purpose for which they were bound, the remainder of the funds shall cease to be bound and shall be released. Paragraph 7 (2) shall apply mutatis mutandis.
(1) From an interest-free account, the public savings bank will pay, as authorised by the citizen, directly to its creditors
(a) taxes, charges and insurance against sickness or pension insurance,
(b) debt due from loans granted by monetary institutions, with the exception of debt from consumer loans.
(2) The debts referred to in paragraph 1 (b) shall be paid by the State Savings Bank only if the citizen declares in writing that he does not have the debts referred to in paragraph 1 (a) due.
(1) A public savings bank may, on an interest-free account, but not on assigned amounts (Section 9), pay a maximum of 3000 CZK each calendar year if the citizen declares in writing that he has no debts towards socialist organisations.
(2) The District National Committee may, at the request of the citizen and after consultation of the local National Committee, increase the free amount (paragraph 1) to up to 10 000 CZK per year if the citizen is mainly dependent on his or her nutrition on income from an interest-free account. The competent authority is the district national committee in whose district the citizen is resident.
(3) The amounts referred to in paragraphs 1 and 2 shall not be included in the amounts released pursuant to Sections 10, 12 to 14.
(1) With the permission of the District National Committee, the State Savings Bank will, according to the authority of the citizen from his interest-free account, pay the cost of the construction of a family house or other building which may be the subject of personal ownership, by its own use or by its supplier's means, as well as the measures needed for that purpose.
(2) When it comes to self-help construction, the District National Committee allows the necessary funds to be mobilised only according to the building authority's certificate as construction continues.
(3) In order to obtain a replacement building in a supplier's way, the public savings bank shall pay the amounts released directly to the creditors of the citizen according to the documents submitted.
(4) The public savings bank shall pay the amount released if the citizen declares in writing that he has no debts referred to in § 10.
(1) With the permission of the District National Committee, the State Savings Bank will, according to the authority of the citizen from his interest-free account, pay a fixed membership in the cooperative housing construction to the building housing cooperative, *) of which the citizen is a member. The District National Committee may also grant the acceptance to cover the part of the long-term investment loan granted by the Bank to the building housing cooperative that is a citizen.
(2) Allowances to pay part of the long-term investment loan shall be issued by the District National Committee at the same time as permission to pay the cooperative's membership. Exceptionally, it may issue such admission retrospectively, but only before the transfer of the cooperative's investment loan to the long-term loan account.
(3) A citizen applying for the mobilisation of funds for the purposes referred to in paragraph 1, second sentence, shall submit to the district national committee a declaration by the building housing cooperative that he agrees to a one-off payment of part of the long-term investment loan to him. The application shall be accompanied by a confirmation by the cooperative of the proportion of its flat on the long-term investment loan granted by the bank.
(4) Paragraph 12 (4) applies mutatis mutandis.
(1) With the permission of the District National Committee, the State Savings Bank will, according to the authorisation of the citizen from his interest-free account but not from the amounts assigned (§ 9), or other costs and liabilities than those referred to in the previous provisions, directly to his creditors.
(2) The District National Committee shall, before being elected, examine the justification and proportionality of the needs of the citizen and consider whether the allocation would not be contrary to the social interest given all circumstances. In these circumstances, the District National Committee may in particular authorise the purchase of a family house.
(3) In very exceptional cases, the District National Committee may allow the State Savings Bank to pay the sums released to the citizen instead of his creditors.
(4) Paragraph 12 (4) applies mutatis mutandis.
The inheritance shares in the interest-free account of the deceased (§ 8) shall be transferred by the State Savings Bank, according to the order of the state notaries, to the interest-free accounts of the heirs at the State Savings Bank in whose territory they are resident.
Provisions common and final
(1) Paragraph 6 applies to the payment of compensation for matters expropriated to citizens. However, before deciding to grant compensation, a citizen of the expropriation body must declare whether or not he or she has cash debts, to what extent and for what reason. The institution or organisation to pay the compensation shall inform the socialist creditors when the payment is made.
(2) The provisions of the Regulations on the payment of compensation for expropriation are without prejudice.
(1) Paragraph 10 of Decree No 88 / 1959 of the Ú. l., on measures concerning certain items used by socialist sector organisations, is amended and read as follows:
"(1) The rules on the payment of the purchase price (Section 7 (3)), and, where applicable, the compensation (Section 9 (1)), as well as on their release from interest-free accounts, apply to the acquisition of property by socialist organisations and private legal entities.
(2) The People's Production Co-operative shall pay only the part of the remuneration remaining after the transfer of the relevant share to the cooperative fund to its member, which by decision of its institution (Paragraph 7 (5)) has received. '
(3) Paragraph 4 (e) also applies to the contractual acquisition of the items referred to in paragraph 1, and the second and third sentences of Paragraph 16 (1) apply mutatis mutandis if they are to be acquired by decision.
Only district national committees may acquire privately owned property in the execution of court decisions with the consent of the Regional National Committee.
The provisions of this Decree on the rights and obligations of citizens shall apply with the exception of Sections 8, 9, 11 (2), 12 and 13 to private legal persons.
For exceptional and reasonable reasons, the Ministry of Finance may allow derogations and derogations from this decree.
Decree No. 19 / 1963 Coll., on the acquisition of property by socialist organisations by citizens and private legal persons is hereby repealed. *)
This Decree shall take effect on 1 May 1964.
Minister:
Dvořák v. r.
*) The rules on compensation for this property purchased pursuant to § 6 (5) of Act No. 142 / 1947 Coll., on the revision of the first land reform and pursuant to § 14 (2) of Act No. 46 / 1948 Coll. (Decree 1447 / 1948 Ú. l. I implementing certain provisions of the Law on New Land Reform and Decree 2394 / 1948 Ú. l. I implementing Section 6 (5) of the Act on the revision of the first Land Reform).
*) Contrary to the repealed Decree No. 19 / 1963 Coll. therefore, bribes do not refer to interest-free (tied) accounts.
*) Act No. 27 / 1959 Coll., on cooperative housing construction.
*) As a result of the provisions of Section 6, the Min. Finance Directive on the reimbursement of supplies of agricultural products to members of single agricultural cooperatives, individual farmers and other private persons will cease to apply (amount 27 / 1954 Ú. l.).
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 72 / 1964 Coll., on the acquisition of property by socialist organisations by citizens and private legal persons |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.1964 |
|---|---|
| Effective from | 01.05.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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