Decree of the Ministry of Finance, State Planning Commission and Central Geological Office No. 9 / 1967 Coll.
Decree of the Ministry of Finance, the State Planning Commission and the Central Geological Office on the Design and Financing of Geological Works
Valid
Effective from 24.02.1967
Contents
9
DECLARATION
Ministry of Finance, State Planning Commission and Central Geological Office
of 31 January 1967
on the design and financing of geological works
The Ministry of Finance, the State Planning Commission and the Central Geological Office, after consulting the other participating central authorities, shall determine, pursuant to Section 2 of the Government Decree No. 11 / 1958 Coll., on the organisation of the State Geological Service, under Section 20 (1) (a) of Act No. 8 / 1959 Coll., laying down the basic rules on the State Budget and on the management of budgetary resources, under Section 391 (2) of Economic Code No. 109 / 1964 Coll. and under Section 38 (3) of the Government Decree No. 100 / 1966 Coll., on the planned management of the national economy:
Preliminary provisions
Scope
This decree provides for the design and financing of geological works carried out by socialist organisations. Geological works carried out by organisations of the Central Administration of the Uranium Industry are not covered by this decree.
In cases where mining works can be used effectively for mining purposes, the project documentation of geological works financed by the State budget may exceptionally consider their implementation in profiles other than those needed to achieve the most economically advantageous objective pursued by geological works. In such cases, the organisation at whose request such work is included in the project documentation shall undertake in the economic contract that the additional costs associated with such work shall be reimbursed by its means, irrespective of the results of the work achieved.
Financing of geological works
Resources for the financing of geological works
Geological work shall be financed by:
(a) from the state budget (Section 12);
(b) the Geological Work Fund (Section 13);
(c) from other sources of the customer (Paragraph 14 (1)).
Work financed by the State Budget
(1) The work of the search survey stage, including the cost of drawing up project documentation, is financed by the State budget to the extent included in the national economy development plan.
(2) The work of the bearing survey of the pre-survey stage, including the costs of drawing up project documentation, is financed from State budget resources to the extent covered by the national economy development plan. The condition is to conclude an economic agreement between the Central Geological Office and the Directorate-General for Industry, in respect of which minerals are extracted or by an undertaking, provided that they constitute a Geological Works Fund (hereinafter referred to as "Mining Organisations') under specific regulations.
In this Treaty, the Mining Organisation shall undertake to:
(a) take over the bearing provided that the results of the work are consistent with the intentions of the approved project documentation;
b) pay within 30 days of the receipt of the bearing the value of the work carried out, including the cost of drawing up the project documentation. The payment shall be made to the income account of the Central Geological Office or the entrusted Central Authority.
The Central Geological Authority shall undertake in this Treaty to ensure the transfer of the bearing and documentation of the results of the work carried out to the mining organisation.
(3) The economic contract referred to in paragraph 2 is not required, after prior approval by the Ministry of Finance and the State Planning Commission, for tasks ensuring the advance development of raw materials of particular importance, new types of raw materials, their technology, etc.
(4) In exceptional cases, following prior approval by the Ministry of Finance and the National Planning Commission, a preliminary survey may be carried out at the same time on several sites on a proposal from the Central Geology Office to identify the optimal option. In this case, the mining organisation shall pay the value of the works of the optimal variants or other variants it uses.
(5) Funds for the financing of geological works from the state budget shall be provided by the Central Geological Authority in the budget of its chapter to the extent covered by the National Economy Development Plan. The Ministry of Finance may, in exceptional cases, entrust, in agreement with the State Planning Commission, the resources of the State Budget for the financing of geological works to other central bodies.
(6) The implementation of works financed by the State Budget shall be commissioned by the Central Geological Authority or by the entrusted central authority implementing the organisation in the form of an economic contract.
Work financed by the Geological Work Fund
(1) The trade directorate responsible for extracting mineral resources is the branch fund of geological works. State economic organisations managed by the national committees and specifically referred to in the general rules shall constitute a company fund of geological works. *)
(2) The source of the Geological Work Fund is:
(a) gross income (profit) allocations;
(b) centralised means of the production unit;
(c) the means of activating certain geological works transferred under Paragraph 14 (2) into basic funds;
(d) allocations to the Fund from the superior body;
(e) other revenue (e.g. interest on the fund's assets, etc.).
(3) Under the Geological Work Fund, organisations may cover only:
(a) the value of the work of bearing survey of the preliminary survey stage under the conditions set out in Section 12 (2);
(b) the cost of the work of the bearing survey of the detailed survey stage;
(c) the cost of the work of geological research and site research of the search and preliminary survey stage, unless their implementation is included in the national economy development plan, irrespective of whether the work is done in a supplier's way or in its own direction;
(d) the costs of mining research work (Section 5 (d)), unless the superior authority decides otherwise.
(4) Organisations are obliged to allocate the resources of the Geological Work Fund to two separate parts with which they will manage separately. The first part of the fund includes funds for the financing of the work of the deposit survey [paragraph 3 (a), (b), (c)], the second part includes funds for the work of the mining survey [paragraph 3 (d)]. The resources of the Geological Work Fund may not be transferred to other funds and for other purposes; It is also not possible to transfer funds between the two parts of the Geological Work Fund.
(1) Works which are not financed by the State budget under § 12 or the Geological Work Fund under § 13 are financed by the customer's own funds under the general rules.
(2) The work carried out by the geological survey, which will be used as basic means for mining purposes, shall be taken over by the mining organisation in its administration, valued in accordance with the applicable rules and paid out of its investment funds. The payment shall be made to the source from which the geological work was reimbursed. If these works have been financed from the state budget, payment shall be made to the income account of the Central Geological Office or the entrusted Central Authority.
Financing of costs of opposition proceedings
(1) The selection organisation may reserve in the economic contract an examination of the results of the relevant stage of geological work by opposing proceedings, unless specific provisions make it compulsory to carry out such proceedings.
(2) The costs of the opposition proceedings shall be borne by the means from which the geological work has been financed, except as otherwise provided in the specific provisions.
(3) If, for the preliminary stage of the bearing survey work, the mining organisation reserves in an economic contract concluded pursuant to Section 12 (2) the costs of the opposition proceedings shall be borne by the Geological Work Fund.
(1) In order to ensure accurate records of the funds spent on the work of the preliminary survey stage, the implementing organisations report the value of these works in the off-balance-sheet accounts. After payment of the value of the work taken over within the meaning of Paragraph 12 (2), the value of the work shall be shown by the mining organisation until the start of mining, including in the off-balance sheet account. In the same way, mining organisations shall record the value of the detailed survey stage work carried out until the start of mining. Where the results of geological work do not allow the work of the detailed survey stage to be started, the implementing organisation shall report the value of the work carried out only until the decision on the liquidation of the geological work carried out. Similarly, mining organisations shall proceed in cases where the results of the work of the detailed survey stage, or other reasons, do not allow the start of mining.
(2) If the survey results in verification of the bearing which will not be used industrially, the disposal work shall be financed from the same sources from which the geological survey was financed.
Transitional and final provisions
Transitional provisions
(1) Geological work initiated prior to the date of application of this decree, for which, pursuant to the approved project documentation or economic contract, only the final report on the results of the geological work is to be drawn up after the effective date of that decree or only the winding-up work is to be carried out, shall be financed in accordance with the provisions of the present regulations, until 31 December 1967 at the latest.
(2) For other geological works initiated before the date of application of this decree, the supplier shall, by 30 June 1967 at the latest, draw up and agree with the customer a draft economic contract corresponding to the new financing arrangements for the geological works.
(3) Article 73 (1) (b) of the Guidelines of the State Planning Commission No 55 / 1965 Coll., which obliges investors to include in the budgetary costs of construction the value of the work of the detailed geological survey stage, *) does not apply as a result of a new regulation on the financing of geological works.
Authorisation of exemptions
Exemptions from this decree may allow:
(b) the provisions of the other parts of the Ministry of Finance.
Repeal provisions
On the date of the effective date of this decree, Decree No. 22 / 1961 Coll., on the design, budgeting, planning, financing and invoicing of geological works, with the exception of the provisions of Section 7, which expires on 30 June 1967 and the provisions of Sections 16, 17, 18, 19 and 20, governing invoicing of geological works.
Efficacy
This decree shall take effect on the date of its publication and shall apply to the design and financing of geological works starting in 1967.
First Deputy Chairman of the State Planning Commission:
Dvořák v. r.
First Deputy Minister of Finance:
Lér, CSc., v. r.
Chairman of the Central Geological Office:
True
*) Decree of the Ministry of Finance No. 103 / 1966 Coll., on the financing of non-investment needs for the development of science and technology and similar activities.
*) Decree No. 123 / 1961 Coll., on the registration of geological works and on the collection and registration of their results.
* *) The general binding principles for the development of project documentation for geological research work are laid down in specific regulations.
*) Government Decree No. 100 / 1966 Coll., on Planning Management of National Economy.
*) Finance Ministry Directive 215 / 9519 / 66.
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Regulation Information
| Citation | Decree of the Ministry of Finance, State Planning Commission and Central Geological Office No. 9 / 1967 Coll., on Design and Financing of Geological Works |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.02.1967 |
|---|---|
| Effective from | 24.02.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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