Government Decree No. 86 / 1951 Coll.
Order on the investment certificate for construction for 1952
Valid
Effective from 15.11.1951
86.
Government Regulation
of 30 October 1951
on the investment certificate for construction for 1952.
The Government of the Czechoslovak Republic orders pursuant to § 41 paragraph 2 of Act No. 241 / 1948 Coll., on the first five-year Economic Plan for the Development of the Czechoslovak Republic (Act on the Five-Year Plan):
Basic provisions.
(1) For each new and built-up construction, included as construction work in the implementation plans for investments for 1952, i.e. investment or housing plans, or in a repair plan of an investment nature, the investment certificate for construction for 1952 (hereinafter referred to as the "investment sheet '), as confirmed by the Investment Bank, is required by the national firm. The investment note shows that the construction is included in the plan and that the construction cost is covered by the investment amount fixed for the execution of the works.
(2) Construction works are not allowed to start before the investment note is issued. However, management under construction or other regulations may be carried out and the admissibility of the construction can be decided upon after the approval of the technical project. The Ministry of Construction will adjust the details in agreement with the State Planning Office.
(3) The investment note is not necessary for other than paragraph 1 of the said construction and for other works and supplies (e.g. construction, construction maintenance, construction work carried out to implement the urban and district building plan).
Copy of the investment note.
(1) The investment note is drawn up and the managers of the partial investment amounts for approval are presented by the client of the construction (direct investor).
(2) An economic construction contract concluded by a direct investor with the general contractor of the construction (construction company) is the basis for the drawing up of the investment sheet. This contract shall specify the calculation of construction costs at prices in accordance with the applicable price regulations; In the case of a built-up construction, if the economic contract does not contain such a calculation, it must be supplemented. Where a direct investor conducts the construction under its own direction (investment in its own production), the investment note shall, on the basis of the confirmation of its construction department, produce a statement that it will take over the construction in the production plan; provisions on the calculation of construction cargo apply here.
(3) For each construction (object) classified by type in the implementation plans for investments for 1952, if they relate to construction works (hereinafter referred to as "construction plans"), a separate investment sheet is required. However, if the same construction company carries out more than one type of construction at a uniform price on the same site to the same direct investor and starts it in the same implementation year, only one investment sheet shall be drawn up.
(4) A direct investor shall, in cooperation with the general contractor of the construction (construction firm), draw up an investment note in accordance with a model to be issued by the State office planning on the official list.
Investment certificate procedure.
(1) A direct investor shall send to the administrator part-investment amounts (hereinafter referred to as "the administrator ') five copies of the investment note and one copy of the economic construction contract, after confirmation of its construction department of taking over the construction plan. It must always do so before the beginning of the implementation quarter in which the construction works are to start, after the case is to continue, at the latest by 22 November 1951 for the first quarter, by 22 February 1952 for the second quarter, by 15 May 1952 for the third quarter and by 15 July 1952 for the fourth quarter of 1952.
(2) Implementation quarters (year) means the economic quarter (year) in which construction works are to be started and continued after that.
(3) The State Planning Office shall publish a list of administrators on the official list.
(1) The administrator shall review:
(a) the accuracy and completeness of the information contained in the investment note under the economic contract, in particular whether the construction is included in the construction work plan and whether the construction cost may be covered by a partial investment amount, after having arranged for the completion of the data;
(b) whether a technical construction project with a calculation of construction cargo is drawn up in accordance with the relevant price regulations.
(2) After this review, the AIFM shall either approve or refuse the investment certificate. It shall refuse approval if one of the conditions referred to in paragraph 1 is not met.
(3) The amounts shown in the investment note must not be altered by the AIFM itself. If it finds that the construction was to be carried out to a lesser extent or in a more economical manner, it shall return the investment note with the annexes to the direct investor, give him instructions for amending the economic contract and fix a deadline for drawing up the new investment note.
(1) If the AIFM has approved the investment note, it shall send all copies of it to the national firm (hereinafter referred to as "the Investment Bank") no later than 14 days after the expiry of the time limits referred to in Article 3 (1). The investment bank shall check whether the construction for which the investment note is drawn up is included in the construction plan and whether the construction cost may be covered by a partial investment amount. If the Investment Bank does not find a defect, it shall confirm that it has taken over the building by adding its registration number and signing on all copies of the investment certificate. One copy of the investment note shall be retained by the Investment Bank and returned to the AIFM within 10 days of the date on which it received it. If the Investment Bank finds faults, it shall return the investment note to the AIFM with instructions for rectification.
(2) The AIFM shall retain one copy of the certified investment note and send, after one copy,
(a) to a direct investor,
(b) to the general contractor of the construction (building enterprise);
(c) the Regional National Committee for which the construction is to be carried out.
(3) The AIFM shall circulate the investment note referred to in paragraph 2 no later than the following time limits: the investment note for the construction works to be included in the construction plan for the first implementation quarter of 1952 until 22 December 1951, for the second quarter until 22 March 1952, for the third quarter until 15 June 1952 and for the fourth quarter until 15 August 1952.
Amendment or cancellation of the investment note.
(1) Where an economic construction contract is changed in the information contained in the investment note, a direct investor shall draw up a new investment note and send it on the date of signature of the amended economic contract; in its heading, indicate that it is a change to an earlier investment note, the registration number of which shall be indicated. The same applies if the certificate of taking over the construction is changed. Paragraph 3 (1) on time limits does not apply to proceedings. Changes to the investment note shall be made as soon as they are required within a period of 7 days, calculated from the date on which the AIFM received the amended investment note from a direct investor. The amended investment note endorsed by the Investment Bank shall be circulated by the AIFM no later than the following day after it has received it from the Investment Bank. If the economic contract on construction is cancelled, the direct investor shall inform the AIFM accordingly; the AIFM shall then cancel the investment note. The same applies if the certificate of taking over the construction is cancelled. The construction may not be carried out following the cancellation of the investment note.
(2) The investment note may be changed or cancelled if it did not comply with the construction plan only under the conditions laid down by the government resolution setting it out.
(3) The AIFM shall notify the Investment Bank and all the locations to which it has sent it pursuant to Article 5 (2) of the amendment or cancellation of the investment note. With the notification of the cancellation of the investment note, the administrator shall send the Investment Bank a statement from the investor, certified by the construction company, of the amounts to be required for construction work already carried out and for security work.
Construction for special purposes.
This Regulation shall not apply to construction works for specific purposes; the rules on the investment note for these buildings will be issued separately.
Exceptions.
(1) The State Planning Office may, in agreement with the Ministry of Construction, authorise or order exemptions from the provisions of this Regulation.
(2) Exemptions from project preparedness are not allowed in principle; in very specific cases, the Minister of Construction may grant an exemption on a proposal from the Minister to whom a direct investor is subject. The Minister for National Defence allows for an exception for buildings which are ordered by military administration.
Efficiency.
This Regulation shall enter into force on the day of its publication; They shall be implemented by the Minister-President of the State Office of Planning and by the Ministers of the Construction Industry and National Defence in agreement with the participating members of the Government.
Zaporocký v. r.
Maj-Gen Dr. Čepice v. r.
Dr Dolansky v. r.
Dr. Ing.
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Regulation Information
| Citation | Government Decree No. 86 / 1951 Coll., on the investment certificate for construction for 1952 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.11.1951 |
|---|---|
| Effective from | 15.11.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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