Order of the Government of the Czechoslovak Socialist Republic No. 72 / 1978 Coll.
Decree of the Government of the Czechoslovak Socialist Republic amending and supplementing the Decree of the Government of the Czechoslovak Socialist Republic No. 136 / 1973 Coll., on State Proceedings in the Price Field
Valid
Effective from 01.09.1978
72
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
of 15 June 1978
amending and supplementing the Decree of the Government of the Czechoslovak Socialist Republic No. 136 / 1973 Coll., on State Proceedings in the Price Field
The Government of the Czechoslovak Socialist Republic orders pursuant to § 18 (2) of Act No. 111 / 1971 Coll., on contributions to the state budget and social security contributions:
Decree of the Government of the Czechoslovak Socialist Republic No. 136 / 1973 Coll., on State proceedings in the field of prices, is amended as follows:
1. Paragraph 11, including the title, reads:
Additional charges for breach of price regulations (2)
(1) An organisation which, according to the control findings, has obtained funds by infringing price regulations ("unduly obtained funds") is required to transfer them to the State budget or to the budget of the National Committee ("relevant budget") as an additional levy.
(2) The additional levy shall be the sum of the funds unduly received in the period of three years prior to the 1 day of the month in which they were found and the funds unduly received after that date. This total shall not include the amounts recovered from the organisations and citizens at the expense of which they were acquired and the amounts to be recovered from them not later than two months from the date of the check finding, unless the control authority sets a shorter deadline.
(3) If the sum of the funds obtained cannot be ascertained in an exhaustive or selective manner, 5) shall be determined on the basis of the means demonstrated during the check. The additional levy is three times that. The provisions of paragraph 2 shall apply to the counting of amounts returned to organisations or citizens.
(4) In the event of a breach of the price regulation by the sale of a product for which the price has not yet been determined, or by the sale of a product for which significant quality or other delivery conditions have not been defined in the case of price fixing by the entrusted organisation and cannot be defined even according to the price calculation of the product, the additional levy shall be 3% of the value of the products delivered during the period referred to in paragraph 2. If the organisation also obtains the means for these products by violating other provisions of the price regulation, the additional levy which is higher shall be paid.
(5) If the organisation fails to comply with the obligation to submit a draft price limit or to set a price limit, the additional levy shall be:
(a) 3% of the cost of the task of the science and technology development plan, the result of which is to be a new product and for which a provisional price limit was to be set, but not more than 20% of the annual profits of the organisation's research and development activities planned for the year in which the additional levy is imposed;
(b) 3% of the price of all products for which a definitive price limit should have been fixed and which were delivered within a period of 12 months from the start of deliveries, but at least from the price of the products planned for that period.
(6) The additional levy shall be deducted by means of which the organisation has, for the same reason, committed to the State budget or which it has issued to the State as an asset in accordance with specific rules. 6) From the additional levy referred to in paragraphs 2, 3 and 4 paid by organisations which, under special regulations, settle price differences with the risk fund, the funds unduly received in the special account of the Federation State Budget shall be deducted under the specified price differences. Illegally obtained funds cleared with a risk fund shall be charged to it. ';
2. In Paragraph 12 (5), the following sentence is added at the end:
"The provisions of this paragraph shall not apply to the additional contributions provided for in Article 11 (3) and (5). '.
3. Paragraph 12 repeals paragraph 6.
Article 13 (2), (3) and (4) read as follows:
"(2) The additional contribution for a product technically obsolete shall be equal to the actual profit of the production organisation from that product, as determined by the resulting calculation made in the last year of production, but not less than 15% of its wholesale price.
(3) The additional levy on a product classified in the third grade at first or second grade evaluation or on the basis of control and reduced quality feed shall be 15% of the wholesale price. The additional levy on the product included in the third quality step of repeated evaluation shall be 30% of the wholesale price. The additional levy shall be calculated on the basis of the quantity of products actually delivered but at least the quantity to be delivered for the period of validity of the decision to classify the product in the third grade according to the disposal plan and, if this plan is not drawn up in the necessary breakdown, on the basis of delivery contracts.
(4) The additional levies referred to in the preceding paragraphs shall not be regarded as imported products; they shall not be treated as products supplied for export if their wholesale prices and, where appropriate, the registered wholesale prices are not higher than their export sales prices, or if the central authority responsible for the manufacturer so decides after consultation with the competent central authorities. Where the wholesale price and, where appropriate, the registered wholesale price are higher than the purchase price, the additional levy shall be that difference, but not more than the amount referred to in paragraph 2 or 3. ';
5. The following Section 13a is inserted after Section 13:
Additional charges in connection with price changes
(1) An additional levy may be imposed on the organisation on the funds or part of the funds obtained as a result of a measure taken by the competent authority which is not reflected in the price of the product, in particular as a result of a change in the price of the sub-supply, a derogation from the essential quality or delivery conditions of the products supplied or other permitted changes or a price different for suppliers and customers.
(2) The additional contribution of the funds obtained as a result of the saving or material replacement measures may be imposed on that organisation only in cases defined by a specific regulation. 7)
(3) The additional levy referred to in paragraphs 1 and 2 shall be imposed by the relevant price authority (8). "
6. Paragraph 15 is deleted.
1. The additional contributions provided for in Article 11 (5) shall be levied on infringements of the price regulations established from 1 January 1979.
2. Paragraph 13 (2) and (3) shall apply to products which will or are to be delivered from the date of entry into force of this Regulation.
This Regulation shall enter into force on 1 September 1978.
Dr Strougal v. r.
2) Paragraph 18 (1) (a) of Act No. 111 / 1971 Coll., on contributions to the state budget and social security contributions.
5) The procedure for applying the selective method of establishing the irregular funds is laid down in Section 113 of the Federal Price Office, the Czech Price Office and the Slovak Price Office No. 137 / 1973 Coll., on prices, as amended by Decree No. 73 / 1978 Coll. and in the Decree of the Federal Price Office, the Czech Price Office and the Slovak Price Office No. V-6 / 74, registered at 1 / 1975 Coll.
6) E.g. § 24 and 119a of the Economic Code No. 109 / 1964 Coll. (full text published under No. 37 / 1971 Coll.).
7) Paragraph 77 of Decree No. 137 / 1973 Coll., on Prices, as amended by Decree No. 73 / 1978 Coll.
8) Ordinance of the Government of ČSSR No. 22 / 1971 Coll., establishing a list of raw materials, products, performances and services, the prices of which are determined by the Federal Price Office, as amended by the Government of the Government of the Czech Republic No. 56 / 1972 Coll. and No. 46 / 1977 Coll. and the Law of the Czech Socialist Republic No. 134 / 1973 Coll., on the competence of the authorities of the Slovak Socialist Republic in the field of prices.
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Regulation Information
| Citation | Ordinance of the Government of the Czechoslovak Socialist Republic No. 72 / 1978 Coll., amending and supplementing the Government of the Czechoslovak Socialist Republic No. 136 / 1973 Coll., on State Price Proceedings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1978 |
|---|---|
| Effective from | 01.09.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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