32/1949 Coll.
GOVERNMENT REGULATION
of 15 November 2004. February 1949
amending and supplementing the allocation regulation for family houses.
The Government of the Czechoslovak Republic ordered pursuant to section 6, paragraph 1. 2 Decree
the President of the Republic from 25 October. October 1945, no. 108, Coll., on the confiscation of
enemy assets and funds national reconstruction, and according to the law of
on February 14, 1947, No 31 Coll., on certain principles in the allocation of
enemy property confiscated, according to the Decree of President
Republic of 25 June. October 1945, no. 108, Coll., on the confiscation of the enemy
assets and funds national reconstruction:
Article. (I)
Government regulation of 2 June 2003. September 1947, no. 163, Coll., on the allocation of
confiscated family houses (allocation regulation for family houses),
as amended by the Decree of 20 December. April 1948, no. 89 Coll., amended and
supplemented as follows:
1. in article 2, paragraph 1. 5 deleted citations "(section 3, no 2)".
2. paragraph 3 reads:
"(1) the authority may, on the proposal for a Settlement of the local National Committee naložiti
in accordance with this regulation and with a House that does not fully
the provisions of § 2, if not quite to the living rooms in the attic and
the basement, more than two flats with en suite facilities. In particular it may be for the
Family House recognised House with small apartments, for which the annual rent of the apartment
or bytes exceeds the amount referred to in § 2, para. 1, and the House with apartments, in
where the floor area exceeds 80 m2 living rooms.
(2) in a family house can be recognized and such a House, that is nedostavěn
or destroyed or damaged, however, it can be beheld to the State qualifying
the provisions of paragraph 1 or to the provisions of § 2. "
3. section 8, paragraph 1. 1 reads as follows:
"The price of the House is its Acceptance of the base price, decreased or increased
pursuant to section 18. Base price of the House's appraised value, calculated
in accordance with the provisions of articles 9 to 16, with a possible surcharge pursuant to § 17. "
4. in section 8, paragraph 1. 2 the words "Acceptance" shall be replaced by the words "the assessed
value ".
5. In the tables referred to in section 9, paragraph 1. 1 and 2 in area VI is replaced by the
quote "(paragraph 4)" citation "(paragraph 5).
6. The existing provisions of section 13 shall become paragraph 1 and the
paragraph, the following paragraph 2 is added:
"(2) to the assessed value of homes listed in § 3 plays, the premium to
maximum of 30%. "
7. section 15 is deleted, section 16 shall become paragraph 15, with the quote "(§
3, no 5) "by quoting" (§ 3, para. 2) "and section 17 is renumbered as section
16.
8. in article 16, the following paragraph 5 is added:
"§ 17.
The base price of the House.
(1) for houses allocated to persons who are employed in
private or public work (staff) or
recipients of the odpočivných (zaopatřovacích) salaries or pensioners according to the
the rules on the public social insurance or pursuant to the law of
July 18, 1946, no. 164, Coll., on taking care of military and war poškozence and
victims of war and the fascist persecution, is the base price of the House
the assessed value (section 8, paragraph 1), provided that such persons
do not exercise the profession that justifies a premium referred to in paragraph 2, or
3.
(2) for houses allocated to persons exercising a liberal profession
or are the small producers, is the base price of the House appraised
value, increased by a surcharge of 50%. Small-scale producers that
operates a business in the village, classified under the provisions of article 9, paragraph 1. 1 or 2
to the area in or under the provisions of article 9, paragraph 1. 5 in the area of VI, and
working in the trades yourself or not more than one apprentice, the settlement
the authority and the National Reconstruction Fund on the proposal of the local National Committee in
cases worthy of special attention, in particular for reasons of settlement
policy, premium prominouti wholly or in part.
(3) in other people's houses allocated base price House
the assessed value, increased by a surcharge in the amount of 100%.
(4) for the small producer (paragraph 2) is considered to be a sole trader, which
is subject to the business tax pursuant to the law of 20 December 2002. in March 1948, no. 50
Coll., on business tax, if the craft trade, on which the
This law applies. Under the same conditions is considered to be small
manufacturer in accordance with the provisions of paragraph 2 and the National Business Manager.
(5) if the allocator allocates more professions, is to establish the amount of the surcharge
governing profession which justifies the higher premium.
(6) the provisions of paragraphs 2 and 3 shall apply for the allocator allocates, whose family
Member (article 22, para. 4), living with him in a common household, include
to the people there. If a family member přídělcův other
the profession than the allocator allocates, for fixing the amount of the surcharge is applicable it profession
přídělcovo or a member of his family, which justifies the higher
Premium.
(7) Settlement Authority and national reconstruction Fund may in order to avoid
excessive hardness plays, the premium (paragraph 2 and 3) lower or
from her at all.
(8) where the allocator allocates, which assessed value was increased by
premium due he was national administrator of the trade of the enterprise to
6 months from the notification of the decision on the allocation of that was as national administrator
without their guilt has been revoked and that he had become an employee referred to in paragraph 1, the
settlement and Fund national reconstruction Office at his request, additional premium
snížiti. "
9. section 18 reads as follows:
"section 18
The calculation of sampling rates.
(1) Acceptance price is calculated from the base price of the House so that the
the basic price shall be adjusted as follows:
1. The appropriations allocated to persons referred to houses
and) in sections 1 and 6 of the Act of 19 December 2003. in December 1946, no. 255 Coll.
members of the Czechoslovak army abroad and about some of the other
participating in the national struggle for liberation,
(b)) in section 84, paragraph 2. 1 the Act. No 164/1946 Coll.
(c)) in section 1, para. 1 of the law of 12 June 2001. April 1946, no. 75, Coll., on confession
Economic and legal relief countrymen returning to their homeland, in particular
from Hungary,
the basic price shall be reduced in their degree of Social Neediness by 10% to
25%, unless the persons referred to under 6.
2. for houses allocated to the persons referred to in sections 1 and 6 of the Act. No 255/1946
Coll., the basic price can be reduced by up to 50%, if their
economic conditions extremely difficult, especially if it was an acceptance price
unbearable for them.
3. for houses allocated to persons worthy of special consideration may be
base price is reduced by up to 5% for the third and each additional child who is not
older than 14 years, and which actually are catered for.
4. for houses allocated to persons who receive the odpočivné
(provident) salaries, after the case of old-age or survivor's pension from the
public service insurance and moving to resettle or border
the territory into an area under-populated, the basic price shall be reduced by 50%.
5. for houses allocated to persons who give up for case allocation
the cottage of their dwelling (§ 37), and that will be the battle dragons House
in particular, the recovery of their own or their family members or to
rental of third parties, may be on a proposal from the local National Committee
with regard to employment přídělcově and uhraditi options
acceptance or part of the price of the bonds, as well as the demand for
House or after similar houses in the village, the basic price increased up to 200
%.
6. for houses allocated to persons whose assets and family circumstances
justify specify acceptance prices higher amount than the basic price
the House, in particular the persons subject to the dose of property or persons, for which the
exceeds tax income, subject to tax is subjected to wage, tax base
commercial, after the case of their total for the calendar year that
preceding the year in which the decision on the allocation of House, 120.000
Crowns can be a base price is increased by up to 25%.
(2) if there are grounds for reduction or increase in the base price by
the provisions of paragraph 1, the inspection house price base price (§
17).
(3) the reduction of the basic price of the cottage under the provisions of paragraph 1 No. 1 to 3
authorize settlement authority and national reconstruction Fund in the decision on the allocation of
at the reasoned request of the uchazečovu, applied for filing a
allocation (section 45). The overall reduction referred to in paragraph 1, no 1 to 4 shall not
přesahovati 50% of the basic price. "
10. In article 19, paragraph 2. 2, the second sentence shall be replaced by the word "counted"
the word "included".
11. section 19, paragraph 2. 5 is added:
"(5) the Loan mediated by the Fund of the Institute, within the time limit,
You shall negotiate with the allocator allocates the money Institute. Annual annuity to be
usually set so that should not outweigh the duly assessed annual rental
from around the House (art. 9, para. 7), and will increase if the basic price according to § 18,
the annual rent increased in the same proportion as the base price, not more than
However, about 200%, but would be agreed with the allocator allocates a higher annuity. In anuitě
established during the conclusion of the lease must, however, be included at least
one percent of her redemption. The Fund has granted consent to trade receivables from
granted loan secured lien on land
the book of the allocated property in favour of the financial institution. "
12. section 20 reads as follows:
"§ 20.
Change sampling rates.
They come out after the surrender of the assigned House (alternate allocation according
section 5) indicate the circumstances which would otherwise have had a decisive influence on the
the amount set by the acceptance of the price, the Fund may, if such circumstances
taken into account due to přídělcovou, within ten years from the submission (section 52)
allocated to the House (alternate allocation) acceptance price of new accounts. "
13. in section 22, paragraph 2. 1, 5 and 7 in section 22, paragraph 2. 3, the quote "section 25, paragraph 2.
1, point (a). (c)) "by quoting" section 25, (a). (c)) ".
14. section 25 reads:
"§ 25
The other candidates.
If there is no eligible applicants under section 23 or section 24 may be houses
allocated
and candidates who have) in the place where the House or around the Permanent
regular employment, if they prove that they are satisfied the General conditions
referred to in section 22,
(b)) or if the applicants referred to in subparagraph (a). and), to applicants who already House
permanently taking, especially if you take it with the approval of osidlovacího
the Office, if they prove that they are satisfied the General conditions set out in
§ 22,
(c)), and if there is not such a person seeking a House, job applicants who demonstrate,
He met with them at least the conditions specified in section 22, paragraph 2. 1, no. 1
up to 4 and 6. "
15. In article 36, paragraph 2. 1 and section 37, paragraph 1. 1, the quote "section 25, paragraph 2. 1, point (a).
(c)) "by quoting" section 25, (a). (c)) ".
16. In article 37, paragraph 1. 6 is replaced by the quote "section 7 of the law of 18 April. July
1946, no. 163, Coll., on emergency measures of residential care "citations" section 9
the law of 28 June. April 1948, no. 138 Coll. on the management of flats ".
17. section 43 shall be deleted.
18. In article 45, paragraph 2. 1, second sentence, the words "are deleted in the proceedings under section
43, para. 1. "
19. in paragraph 48, para. 3, second sentence, the words "acceptance" shall be replaced by
the words "estimated value" and the words "acceptance of the price" in parentheses words
the "appraised value".
20. section 51, para. 5 is added:
"(5) if the přídělci to perform the library fine
applied within the time limit laid down by him himself, it shall be explicitly in the decision
the allocation. The absence of the allocator allocates the library proposal within the prescribed period,
settlement authority to produce such a library order on his behalf by a notary or
lawyer. "
Article II
Minister of the Interior shall be empowered to prescribe and in the collection of laws promulgated
the full text of Decree-Law No. 163/1946 Coll., as is apparent from the changes
made by Government Regulation No. 89/1948 Coll. and by this regulation.
Article. (III)
This Regulation shall enter into force on the date of the notice; carry out all
members of the Government.
Zápotocký in r.
Wide in r.
Kopecký v. r.
Fierlinger in r.
Kliment in r.
Dr. John v. r.
Ďuriš in r.
Dr. Clementis v r.
Krajčír in r.
arm. Gen. freedom in r.
Peter v. r.
Dr. Gregor v. r.
Dr. Ing. Nobility in r.
Nosek in r.
Dr. Neuman v. r.
Dr. Dolansky in r.
Erban v. r.
Dr. N v r.
Plojhar in r.
Dr Cap in r.
Ing. Jankovcová in r.
Dr. Šrobár, in r.