Law of 24 December 1953 on the provision of contributions by the State in material damage suffered as a result of the water pruning action of 1 February 1953
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to establish a legal system for the provision of contributions by the State in material damage suffered as a result of the water pired which entered on 1 February 1953;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of the provisions of this Law, the following definitions shall apply:
'person affected' means the person who, at the time of the injury, was the owner of the goods to which the contribution to be granted under this law relates, or another, to the extent that the goods resulting from an agreement are not covered by an agreement, of insurance entered into for the time referred to above, carried out the risk of the goods,
'rightholder' means the victim or his successor in law;
'interested party' means the rightholder or a third party, to whom, under the provisions of this Act, the contribution or any part of it may be payable;
'establishment of a body' means the body, which is responsible for the examination and assessment of the damage and the determination of the contributions, pursuant to this Law and to the rules for its implementation.
Van Rijkswege, according to the rules laid down in this Act, is to contribute to emergency water damage suffered by those affected, not to the State or to bodies governed by public law within the meaning of the Law Financing Storm Flood Damage Public Sector Entities .
1 For the purposes of the injury defined by this Law, as a result of flooding caused by flooding caused by the flooding of 31 January and 1 February 1953, the damage suffered by this law is caused by the flooding of the Netherlands, with the It does not include any damage which is revealed by us for the different areas to be determined by us. These dates shall be at least five years after the dry fall of the area concerned.
(2) If there has been a sustained damage as referred to in paragraph 1, for the purposes of the application of the damage caused by this law to the damage caused by water in the same way as the person suffering from the damage to the same property for repairing the damage, suffered as a result of storm.
3 Where the following items are referred to in the following articles, the term 'damage to the water shall be referred to in the previous paragraphs'.
1 By or because of our Minister of Finance, Rampharm bureaux are set up and designated to the office area of which each municipality, in which damage was suffered, is a part of the office.
2 Meeting one or more representatives of the constituent bodies in each Rampdamages office. The head of the bureau is appointed by or because of our Minister of Finance.
3 The supervision of the organisation and the establishment of the Rampharm bureaux shall be entrusted to the institution to be designated by our Minister of Finance. This body shall be empowered to give instructions to the heads of the bureaux on the performance of their duties.
(1) In order to qualify for a contribution under the provisions of this Law, the holder must notify the damage to the head of the Rampharm Office, within whose jurisdiction the damage has been suffered, to the head of the Rampharm Office no later than six months. after the time of entry into force of this Act, or for individual areas following later times by our Minister of Finance, or after the time at which the damage has been revealed.
1 The examination and appraisal of the damage and the determination of contributions shall be carried out by the institutions, by our Ministers, by our Minister for Finance, in accordance with the rules of procedure, to be determined by our Ministers. Agreement with Our Ministers for Reconstruction and Housing, of Agriculture, Fisheries and Food, of Transport and Water, of Economic Affairs and of Social Affairs and Public Health.
2 The decision to determine or deny the contribution shall indicate the possibility of bringing proceedings and of the manner in which the appeal may be brought, and the period within which it may take place.
3 During the period within which the appeal or appeal may be brought against a finding, revision or disqualification of a contribution, and during the period in which the appeal is pending, the holder shall, at the request of the holder, submit a explanation of the grounds and grounds on which the adoption, revision or denial of denial is based.
1 Our Minister of Finance decides, in agreement with Our Ministers, who this is on the basis of Article 6 (1) , mentioned division of tasks, which institution is responsible for the following:
a. the direction and supervision of the registration, the investigation and the valuation of the damage;
b. the direction and supervision of the determination of the contributions;
(c) the supervision of the establishment of the bodies responsible for carrying out the investigation and assessment of the damage and the determination of the contributions.
2 If, in the light of the instructions given by the institution referred to in paragraph 1 relating to the task of which it is responsible, objections to a body not covered by our Minister of Finance, these objections may be submitted to our Minister for the Finance. It shall take a decision on the point of disagreement not in accordance with our Minister, for whom it is responsible.
In order to qualify for a contribution under the provisions of this Act, the person concerned shall be required to make the damage and the extent to which it is affected, and to provide the best information available for the calculation and for the purposes of the calculation and the information to be given. payment of the contribution is necessary.
1 The damage to land, garden and forest land and wild land shall be restored as far as possible by the State in kind. The body to be assessed by our Minister of Agriculture, Fisheries and Food shall assess whether recovery has taken place.
2 If, after the recovery, an impairment of more than 25 to 100 of the value before the damage, calculated on the factors in force on 31 January 1953, is calculated, a contribution shall be equal to the amount, depreciation exceeds the said percentage.
3 The competent institution referred to in paragraph 1 shall be empowered to determine, in individual cases or in areas to be designated by that body, the previous members, in whole or in part, outside the scope of that body.
For damage in Article 9 (1) , cited above, for which: Article 9 does not apply, or for irreparable damage to other unbuilt immovable property, the contribution shall be made up to an amount equal to the difference in sales value before and after the damage, as determined by the date of 31 January 1953. The current crop, orchards and outgoing timber are not taken into account when determining the sale value.
1 For damaged or lost crops, based on wood, the contribution shall be made to the value of the harvest value of the whole crop, the coat of wood, which could be expected to be used, in both cases, cases have been reduced by the unincurred costs and, in so leading cases, with the value of residual products, calculated on the basis of the factors applicable on 31 January 1953.
2 For a damaged or lost orchard, the contribution shall be made to the value of the value before the damage has been reduced, in so leading cases, by the value of the remainder, calculated on the basis of the factors applying on 31 January 1953.
1 For a recoverable damaged property, whose recovery costs to the estimate of the fixing body do not exceed f 1000 amounts, the contribution shall be made to the amount of the estimated recovery costs.
2 For recovered property, damaged property, whose approved recovery costs exceed f 1000, the contribution shall be paid to f 1000, increased by 75 to 100 of the cost of that cost more than f 1000.
3 At the request of the rightholder, the percentage referred to in paragraph 2 shall be set at 90 for a single dwelling and one business area.
4 By our Minister for Reconstruction and Housing, the rules governing the payment of costs to a rightholder, independently of the contribution provided for in the preceding paragraphs, may be made due to costs or to the payment of costs. expected costs of repairing salt damage to a built real estate. This surrender shall be considered as a contribution within the meaning of this Law and shall not be less than the amount of the reduction in the value of the sale, which shall have been well damaged by the loss to be purchased.
1 For an irreparably damaged constructed real estate, the contribution shall be made to the amount of the approved cost of construction of a replacement good of the same nature and size as the original, with the maximum approved costs of the replacement, subject to a deduction of one hundred and a half years according to the age of the original but never more than 40 to 100, and then of the amount, which corresponds to the construction technical value of the remains at the time of construction.
2 In his choice, the deduction referred to in paragraph 1 shall be halved, at the request of the rightholder, for one dwelling and one business country or for one other constructed immovable property. For each of the two categories of objects mentioned above, only once, either under the conditions laid down in the preceding sentence or in accordance with the provisions of the Article 12 (3) , a request will be granted.
3 The contribution for an irreparably damaged dwelling, its contents of which were greater than 750 m 3 It shall be made on the contribution calculated in respect of the other members in respect of a dwelling with a capacity not exceeding 750 m 3 .
4 If the building regulation, which was in force on 31 January 1953, forbids the construction of a property of equal size as the irreparably damaged dwelling, the contribution shall be taken into account in the construction of a dwelling with a view to the construction of a dwelling with a view to the construction of a dwelling. the permitted minimum content.
For the purposes of applying Article 12 and from the previous members, a dwelling or a business land shall be deemed to be a separate constructed real estate.
6 For the purposes of applying Article 12 and the previous members are defined as a property, a part of a property or a set of buildings, intended for habitation by a single family. For the purposes of these provisions, 'business land' means a property, a part of a property or a set of buildings, serving a business or an independent profession.
7 Where modifications have substantially changed the condition of the property and where the deduction according to the preceding paragraphs is more than 20 to 100, at the request of the holder for the calculation of the amount referred to in paragraphs 1 and 2, deductions as the year of foundation adopted a later year.
1 For damage to a farm, the contribution is made to the amount of approved cost of recovery, or replacement, minus a deduction according to age and condition of maintenance of the damaged farm, and of the nature and size of the farm to which the farm belonged, one and another in accordance with our Minister of Finance, in agreement with Our Ministers of Reconstruction and Housing and of Agriculture, Fisheries and Food supply, to regulate.
The provisions of the Articles 12 and 13 (1) and (2) , shall apply mutatis mutandis to ships belonging to the equipment of a business or to the pursuit of an occupation, and to vessels, as well as ship-related equipment.
1 For the loss and irreparable damage to movable property belonging to the equipment of a holding or service for the pursuit of a profession, other than ships and ships, the contribution shall be made to the amount of the replanting costs of the goods lost, less a reasonable amount for depreciation, provided that no more than 60 to 100 of the repurchase costs for depreciation will be deducted from depreciation shall be taken Where no provision has been made to resupply, the repurchase costs may be estimated by the fixing body.
2 Our Minister of Finance, in agreement with our Ministers, shall lay down standards for the depreciation referred to in paragraph 1; he may also lay down standards, in accordance with which in cases where a holding is to be taken by a firm, It is intended to determine the part of the equipment and its commercial equipment and its trading stock for the purposes of applying this Law.
3 The body responsible for the establishment may, by way of derogation from the provisions of the preceding paragraphs, make the contribution for goods which have taken place or can be reasonably effected in the same State or which can be reasonably effected in the same State. amount of the costs required for such a resupply.
4 For the loss and irreparable damage to movable property belonging to the equipment of a legal person who does not exercise a business, or who does not serve to promote the objectives of such a legal person, the contribution shall be determined in accordance with the previous paragraphs.
1 For the loss and irreparable damage to stocks, serving as a business or profession, the contribution shall be made to the amount of the purchase price applicable on 31 January 1953 or, for the purpose of the person concerned, to the purchase price. goods produced, of the cost price applicable on that date.
2 The contribution referred to in paragraph 1 shall never be higher than the value of the sales value of stocks at the time of the injury.
In the case of loss of live goods belonging to the equipment of a holding or service for the purpose of performing an occupation, the contribution shall be made to the amount of the repurchase costs, except in respect of lost trading livestock, for which the contribution is made to the amount of the average market price in January 1953.
For reparable damage to goods, as intended in the Articles 16 to 18 , and reparable damage to unbuilt immovable property, for which no scheme has been provided in the preceding Articles, the contribution shall be made on the amount of real costs necessary for the recovery, plus a Allowance for depreciation, less than a deduction due to value propagation, arising from the recovery; for so much the increase in value of old to new, the deduction shall be limited to a maximum of 25 one hundred of the relevant part of the cost. The contribution referred to here shall never be higher than the amount on which it was to be determined in the event of a total loss.
Costs relating to maintenance activities shall not be taken into account when the contribution is determined in so far as those activities relate to such activities.
In determining the contribution shall be for the work or supplies carried out by the rightholder himself or by his own staff, or reasonably expected, that the person entitled to carry out his or her own staff shall carry out his or her own staff, or by its own staff, no higher amounts than the actual costs, insofar as they relate directly to the work or supplies carried out in its own management. These costs shall be reduced by the staff costs which the beneficiary would also have incurred if he did not carry out the work or supplies in his own management, unless such costs would otherwise have been productive.
1 For the purposes of applying the provisions of this Act, in cases where the goods have been damaged by size, nature or composition, or are more or more luxurious than is necessary for the purpose of the effective use, to determine the repair, repurchase or repair costs based on the same goods in simple execution, but quality of quality.
2 With regard to goods which at the time of the damage were to be regarded as excess, either in relation to the low use, which must be made by the person concerned, or in connection with the luxury of the goods, or nature or the large number of similar goods of the affected person shall not be granted.
In the case of irreparable damage, the value of the remainder calculated on the basis of the factors applying on 31 January 1953, to the extent that it has not already been taken into account in accordance with the preceding Articles, shall be deducted from the contribution.
As regards the loss of, or damage to, other goods than in the preceding Articles, a contribution shall not be granted in respect of a decision of our Minister of Finance, in accordance with the conditions laid down in that Article, as appropriate. Our Ministers, who so far as a result of the Article 6 (1) This Decision lays down rules on the calculation, determination and disbursement of the contribution.
Expenditure incurred in order to prevent or limit losses for which a contribution is granted, to be prevented or reduced by virtue of that law shall be reimbursed to the extent reasonable and justified; the same shall apply to the costs of measures to prevent damage to the damage caused by the operation of the market. re-entry and reusable ships, even if these measures do not benefit definitively from a definitive recovery.
1 For the calculation of the contribution, in the case of:
a. The rightholder from others has obtained, wholly or partially, compensation for the damage, obtained or not obtained through his fault;
b. Other means of damage have been incurred in whole or in part by other means;
(c) the damage caused or increased by the debt of the rightholder,
the rebuilding, replanting or repair costs by a corresponding amount decreased.
2 No contribution shall be granted in respect of money and money-worthy papers or in respect of goods which do not have their own sales value independently.
3 The provisions of paragraph 1 A and B , except in cases where the person concerned received gifts in cash or goods from third parties, provided that the amount is deducted from the amount of the contribution, including the sum of the amounts which, according to the preceding Items calculated contribution and the gifts could exceed the joint actual rebuilding, recovery or recovery costs.
4 Our Minister of Finance may lay down detailed rules for the implementation of the previous members.
1 With respect to benefits under an insurance contract, to the extent that it relates to the same damage, if requested, finds Article 26 (3) and (4) , corresponding application.
(2) The competent institution may, notwithstanding the expectation of a benefit referred to in paragraph 1, grant the contribution in full, provided that the person concerned transfers his claims to the State to the amount of the aid to the insurer. deductions to be calculated pursuant to paragraph 1.
3 Our Minister of Finance may, at the request of an insurance organization on a mutual basis, determine that benefits of this organization are not taken into account in determining the contribution or only partially. - The benefit payable by the insurer under the insurance contract shall be reduced by the amount which would be deducted under paragraph 1, provided that the amount not paid by the insurer is not the same as that which it has not been paid. the payment has been partly taken into account, has already been deducted from the contribution.
1 If the contribution calculated in accordance with the preceding Articles would be less than f 50, it shall not be allocated.
2 For the purpose of applying paragraph 1, the following shall be counted as a case of damage:
a. relating to a constructed real estate or a ship all damage to it;
(b) for the remainder of the damage suffered by the injured person, in so far as the determination of such damage falls within the competence of the same body.
3 Once the payment is paid out, the total amount of the contribution paid shall be deducted from the amount of the amount paid out to the amount of the sum paid by the amount of the payment.
4 If, for the purposes of the application of the provisions of paragraphs 2 and 3, the person who has been affected is more than one person, these persons shall be understood jointly.
1 No interest shall be paid on the contributions.
2 In cases of irreparable damage to residential and farm land, excluding farms, a fee amounting to half the value of the rental shall be granted, at the request of the party concerned, by the fixing institution. in accordance with Articles 8 and 9 of the Staff Taxation Act 1950.
3 The allowance referred to in paragraph 2 shall be calculated over a period commencing on the date on which the housing and business premises concerned had to be cleared as a result of the water pruning, and ending three months after the start of the rebuild, but no later than 1 January 1957. From the end date mentioned in the previous sentence can be departed by Our Minister of Reconstruction and Housing. For the calculation of the fee, a month is counted as 30 and a year is 360 days.
4 In cases of recoverable damage to land, compensation may, at the request of the party concerned, be granted in respect of the amount of the lease, in so far as and as long as the grounds for the judgment of Our Minister for Agriculture, Fisheries and Food supply not in kind has been restored. The provisions of paragraph 3 shall apply as far as possible mutatis mutandis.
5 Our Ministers referred to in the preceding paragraphs shall be empowered to determine, at the request of the party concerned, that the compensation shall be payable to the user of the damaged goods, provided that the latter proves, in spite of the damage, the rent or pacht to have paid to the owner over the period, over which the fee is calculated.
6 The creditors of mortgage claims, who, at the latest one month before the payment of the compensation to the institution of their claim by registered letter, have the opportunity to make claims for payment on the basis of interest receivables and redemptions on the principal account take on the fee or on any part of it.
1 The contribution for reparable damage to a built real estate is made affordable, provided that, in the opinion of Our Minister for Reconstruction and Housing, a corresponding amount has been spent for the restoration of that property or ensure that it is spent in such a way, or that our Minister is authorized to spend the contribution in a different way; our Minister of Justice may attach conditions to this agreement.
2 The contribution due to irreparable damage to a constructed real estate property shall be spent for the construction of a replacement real estate; the provisions of paragraph 1 shall apply mutatis mutandis.
3 The construction must be carried out in the municipality, in which the property, to which the contribution relates, was situated. Our Minister for Reconstruction and Housing can grant exemption from this provision.
4 Paragraphs 1 and 2 shall apply mutatis mutandis in respect of ships, subject to the proviso that the permission referred to therein may be given by Our Minister for Transport and Water, but in so far as fishing is concerned by our vessels. Minister for Agriculture, Fisheries and Food.
In accordance with the directions to be given by Our Minister for Reconstruction and Housing, the contribution to damage to constructed real estate or ships is paid to the extent to which the work progressates.
1 By way of derogation from the provisions of Chapter II at the request of a rightholder, who, with the approval of Our Minister for Reconstruction and Housing, does not replace an irretrievably damaged property, the contribution shall be fixed at the amount of the sale value of that good on 31 January 1953, minus the sales value of the residual products according to the factors currently in force. In the determination of both values, the subsoil shall be taken into account. The contribution under this paragraph shall never exceed a contribution, calculated in accordance with Chapter II .
2 The contribution shall be paid as soon as possible after the award.
3 The provisions of paragraphs 1 and 2 shall apply mutatis mutandis in respect of ships, provided that the approval referred to in paragraph 1 may be given by our Minister for Transport and Water State, but in so far as fishing vessels are concerned, Our Minister for Agriculture, Fisheries and Food.
1 If the recovery is not commenced on 1 January 1957 with respect to a recoverable damaged property or ship, the claim shall be cancelled.
2 If on 1 January 1957, with respect to an irreparably damaged property, other than a farm, or ship has not started its replacement, a contribution shall be granted at the foot of the Article 32 .
3 Our Minister for Reconstruction and Housing may, instead of the time mentioned in the preceding paragraphs, ask for a later date for certain immovable property or ships, for groups of them or for certain areas to be designated by him.
1 The payment of the contribution will be made by a compchable by our Minister of Finance.
2 The accounting and the heads of the Rampharm bureaux may, at the instructions of the constituent bodies, pay advances on the contribution.
The contribution shall be payable to the rightholder in so far as this law does not otherwise determine.
1 With the interests of those who, at the time of the onset of the damage, could not assert a right of interest, not a right of mortgage, in relation to the property to which the damage was suffered, if the beneficial owner has, at the latest one month before payment of the contribution of his business right by registered letter to the determining body, made allowance for the payment of the contribution, taking into account the procedures laid down in the following paragraphs.
(2) If the person entitled to payment of the contribution has brought an amicable settlement to the rightholder of the contribution and, taking into account the period referred to in paragraph 1, by registered letter to the institution The payment shall be made as far as possible in accordance with the provisions of the said scheme.
3 In the construction of a replacement building on land which, at the time of the damage, was not also responsible for the commercial rights referred to in paragraph 1, or in the case of construction of a building of substantially lower contents or of a kind other than that of the Affected, and where the contribution on the basis of the sales value, referred to in Article 2 (2), Article 32 The payment of the contribution shall be made only after an arrangement has been made in respect of the property in question, as referred to in paragraph 2. The payment shall be made as far as possible in accordance with the provisions of the said arrangement certain. Where the person concerned does not apply in the previous sentence, where no amicable settlement has been established, the contribution may be made payable to the creditor in whole or in part, to the extent that the right to business is not regains or regains to its full value in connection with recovery, reacquisition or reconstruction by the owner, either from the force of the law or by legal acts.
4 If a creditor does not appear in the manner described in paragraph 1 of his right, it may, in special cases, be applied to the provisions of the preceding paragraphs.
5 With regard to those who, at the time of the damage to the lost or damaged goods, had an interest under a contract of hire purchase or of purchase on payment, or the ones, to whom it was the previous members shall apply mutatis mutandis, as provided for in the said balance. Payment made pursuant to the previous sentence to a rental vendor, a seller on payment or to the holder of the claim, to which the goods have been transferred, the buyer shall either cover the debtor until discharge.
Our Minister of Finance shall arrange for the arrangements for payment of the contribution where more than one person is entitled, as well as on the manner in which the application of the provisions of the Regulation is to be applied. Article 36 (3) The last sentence, and paragraph 5, shall be the breakdown of the contribution. These rules are made known in the Dutch Official Gazette .
1 In the case of mortgage creditors, whose claim the damaged object was connected at the time of the injury, in case the damage is irreparable to a constructed real estate or ship, Article 36 (1) to (4) , by analogy, except that if the provisions of paragraph 2 of that article are not applicable, our Minister for Reconstruction and Housing shall determine the extent to which the contribution will be be used for total or partial satisfaction of the claims due to the mortgage claim.
2 If the debt is paid off, account shall be taken of the interest in the first place of repayment, which shall be given priority under Article 1229 of the Civil Code.
If the principal of a debt as referred to in paragraph 1 is redeemed in accordance with that paragraph, if necessary by way of derogation from the agreements between the parties, interest on the amount discharged shall be calculated only until the date of the entry into force of that paragraph. The day of redemption and, where necessary by an equivalent derogation, no further costs, including the name of the name, may be charged.
4 At the expense of our Minister referred to in paragraph 1, the depositary of mortgages, the register and the ships ' licences in the mortgage subscription to related immovable property shall indicate the amount of the mortgage on the mortgage in the mortgage, If full repayment has taken place, he shall obtain the said registration.
If a creditor transfers his or her power of attorney granted to him to sell a mortal, which has been damaged by reparable damage, he shall be entitled to claim the debtor's claim to the debtor in question. to contribute to the purchaser of the case, provided that:
(a) he, in advance, has given notice to the owner in writing to carry out the necessary repairs within a reasonable period of time and the notice of formal notice has not been fulfilled;
b. Our Minister for Reconstruction and Housing has stated that he has no objection to the transfer of the contribution.
1 If by the in Article 34 (1) An advance payment of the amount to be expected shall be deemed to have been paid by the head of the Rampharm Office, or payment of such a payment, as a whole or a partial payment of the contribution; payment of the contribution deducted. Where the recovery of damage has been financed by the State, its costs shall be deemed to be an advance on that contribution up to the maximum amount of the contribution.
2 If the holder of a State designated for that purpose has enjoyed a credit for the contribution to be expected to that effect, payment shall be made up to the amount of the amount due under the credit agreement. organ. This item shall cover the sums thus paid to repayment, as far as possible, of the said appropriation and shall make a statement which shall be sent without delay to the rightholder.
3 The body to be designated by our Minister of Finance may, at the request of the relevant party concerned, determine that the contribution shall be used to reimburse the person entitled to the contribution for the purpose of that contribution. has received a contribution under the obligation to repay the third party.
1 The body to be designated by our Minister of Finance may, if the person concerned so requests by registered letter no later than one month before payment of the contribution, provide that the contribution shall be wholly or partially shall be used to satisfy the beneficiaries of the works or supplies of repurchased goods for the purposes of repair or reconstruction, for the purposes of the work or supplies referred to above, from the holder of the right to obtain the goods. the contribution.
2 The provisions of paragraph 1 shall apply mutatis mutandis with regard to third parties, which shall have financed the recovery, rebuild or re-establishment.
3 With regard to expenditure, as intended Article 25 , the previous members shall apply mutatis mutandis.
4 In the cases provided for in Article 36 (3), first sentence The provisions of the preceding paragraphs shall be applied only after the security in question has been dealt with in accordance with Article 36 (1) and the mortgage creditors referred to in Article 36 (1) of Regulation (EEC) No 71/12. Article 38 (1) , an arrangement has been made, as intended in Article 36 (2) .
Our Minister of Finance shall be empowered to authorise an interested party at his or her own initiative or to determine in special cases of its own motion that the contribution which he may make or the part of the contribution which he may wish to make shall be wholly or for one of the contributions mentioned above. The portion to be determined shall be spent on the payment of sums due to him on account of taxes.
Our Minister of Finance may make arrangements for determining the order in which the interests of third parties and of the State are taken into account, if more than one side is subject to the provisions of the Articles 36 to 42 and the contribution is not sufficient to fully satisfy all claims.
1 Against all decisions and decisions of the institutions, of the heads of the Rampers-bureaux and of other bodies responsible for the implementation of this law, any interested party may lodge a appeal with our Minister, under the conditions laid down in this Article. who are the organs or the heads of authority.
2 Our Secretary of State as referred to in paragraph 1 shall not have such a position after hearing the institution which has been established.
3 Inscriptions which are filed more than one month after the delivery of the notice of appeal or decision shall be declared inadmissible, save where the Minister referred to in paragraph 1 is of the opinion, that the appellant cannot be attributed in late submission.
4 A notice of appeal shall not be brought into consideration until the appellant has provided the proof that he has paid up or transfer a right of 10 guilders on the postal account of the Treasury. If such evidence is not attached to the appeal, the appellant shall be given once a month to produce that proof; if the evidence is not received two months after the date of dispatch of that notice, the appeal shall be taken out of consideration ed. The Minister referred to in paragraph 1 may, having regard to the income and wealth of the appellant, be released by the mayor of his place of residence, subject to the exemption provided for in the period prescribed in this paragraph. to grant the right referred to in the first sentence.
5 Our Minister, as referred to in paragraph 1, shall maintain or revisit the decision or decision by way of a decision; he may also reduce the amount determined. The ruling shall be reasoned and shall state the possibility of setting up appeal, as well as of the manner in which, and the period within which this may be, the period within which it may be made. If, in whole or in part, the appellant is said to be right, the rate of the duty of 10 guilders referred to in paragraph 4 shall be refunded.
1 The rightholder, who objects to a ruling, as intended is in Article 44 This law may appeal to the Tribunal, referred to in Article 90 of the Law on Material War Claims, but solely on the basis of the fact that, by way of derogation from the provisions of this Law, it may be has been denied its implementing rules or has been fixed at an understated amount.
2 The appeal shall be brought by the lodging of a notice of appeal to the Secretariat of the Tribunal, within two months of the date on which the judgment is published, against which the appeal is lodged. The notice of appeal shall state the reasons on which it is based and shall provide a clear conclusion on the amount of the contribution requested by the appellant. At the same time as the appeal, or at any rate within the period of appeal, must be produced four copies of the judgment and five copies of the judgment under attack, together with proof that the appellant has on the postal account of the State Treasury have overwritten a right of one hundred of the sum, to which the contribution to its judgment must be increased, or, if a contribution had been denied, of the requested contribution, with a minimum of f 10; Article 44 (4) Last sentence, shall apply mutatis mutandis.
3 The Secretary of the Board of Justice shall decide which room and on what date the case will be served.
4 If the required formalities have not been complied with within the period of appeal, the appeal shall not contain or contain sufficient reasons or do not contain a clear conclusion on the size of the contribution requested by the appellant, or The appellant shall give the appellant the opportunity to reinstate the failure to act within a period to be determined by the appellant; if the appellant does not comply with it, and if the appeal has been filed late, the appellant shall be dismissed as inadmissible; It shall be declared, unless the Chamber considers that the omission of the appellant cannot be attributed to the appellant.
5 The Appellant may litigate in the event of an agent; he may be assisted by a counsellor. Delegates or advisers must, at their request, demonstrate their competence by the submission of a written power of attorney; the chamber may refuse to allow a particular person as agent or counsel. The provisions of the preceding sentence shall not apply in respect of lawyers and prosecutors.
1 For each appeal received by the Board of Appeal, a copy shall be sent by the Secretary to Our Minister, against whose decision the appeal is addressed, within one week of receipt of the appeal. The Minister may, within one month of receipt of the copy, send a notice to the Tribunal; this period may be extended by or on behalf of the President of the Chamber. The Minister shall attach five copies to the copy of the statement; within one week of the receipt of the statement of vergetion, the Secretary shall send a copy to the appellant.
2 As soon as possible after the time limit for the submission of a notice has expired or after the lodging of the sentence in the last sentence of paragraph 1, the Chair of the Chamber shall ensure that the proceedings of the case continue to be continued.
3 The Chamber shall have the power to give the appellant the opportunity to give his appeal orally; in that case, it shall invite the Minister, against whose appeal the appeal is appealed, to oral defence. The Chamber may request that the appellant, under penalty of inadmissibility of the appeal, appear in person for a hearing.
4 The Chamber shall have jurisdiction to inspect books and records or to obtain written information from the appellant or our Minister, in the previous paragraph. This exchange of letters shall be made available to the other Party for inspection or to the other party to the other party for inspection, or to the other party at the hearing, to the other party, to be made available to the Chamber for inspection or to the party; they appear to be affected by or on behalf of the chairman, in the case of scraped-off, of hair. A copy of the latter shall be forwarded to the first party.
5 The Chamber shall be responsible for its own motion, or at the request of the appellant or of our Minister, to hear witnesses or to consult experts or to designate books and documents for inspection. Witnesses or experts shall be summoned by registered letter and shall be obliged to appear on the date specified in the appeal and, after taking the oath or promise, to make their statement, save as otherwise the right to change in accordance with the provisions of Articles 217 to: 219 of the Code of Criminal Procedure The President of the Chamber may, in accordance with the arrangements to be made by the witnesses or experts, grant an appropriate fee for travel and subsistence expenses or for damage suffered. If the experts produce a written report of their findings, copies of them will be forwarded to the appellant and to our Minister. The Appellant and Our Minister may, either orally at the hearing or within a time limit set by or on behalf of the President, appear to be of the opinion of their members. A copy of the latter shall be forwarded to the other party.
1 The statement of the Chamber shall state the reasons for its decision and shall state where and by whom it is adopted and shall be signed by the President and the Secretary. The ruling may also reduce or deny a contribution that has already been granted. It may include:
a. The chamber's lack of rating to take note of the appeal;
b. Non-admissible statement of the appellant in his appeal;
(c) enforcement of actions;
d. review of the appeals decision.
If the appellant is wholly or partly ordered by judgment, a refund shall be ordered by the judgment of the duty paid, or of a proportionate share thereof.
3 Copies of the judgment shall be forwarded to the appellant and to our Minister, against whose decision the appeal was addressed. The latter shall be responsible, in so far as necessary, for the implementation of the Award. If a contribution is to be recovered in whole or in part by virtue of the judgment, it shall be applied by analogy. Article 52 .
4 The room in charge of treatment decides in the highest resorder.
5 In cases, at the time of Articles 45 and 46 and, in the preceding paragraphs, it is not possible to regulate the law of the Member State of the Member State of the Member State of the Member State of the European
1 If, after the occurrence of the damage, a succession of rights has taken place, which has an effect on the decision, who is entitled, shall not be entitled, as provided for in Article 12 (3) , or Article 13 (2) In respect of the property to which the contribution relates, they shall be made, unless the succession of legal succession took place either to the surviving spouse or to relatives in the straight line, or to foster children or foster children. Where a special title has been held, payment of the contribution shall be made only after an arrangement has been made with the persons entitled to the right to act. Article 36 (1) , and with the mortgage creditors, intended to Article 38 (1) . The provisions of this paragraph shall apply by analogy, where an irrevocable power of attorney has been given in respect of the collection of the contribution.
2 The claim for recovery in kind, as intended Article 9 (1) , it shall follow the relevant good in case of a judicial transition.
3 The right to the contribution under this Act is an indivisible matter.
4 The service provided for in Article 668 and the notification provided for in Article 1199 of the Civil Code shall be replaced by the submission of an authentic copy or extract, or a copy of the instrument of transfer or of a pledge to the institution, which shall be the subject of the payment. - Equal delivery must be made with respect to irrevocable proxies and separations and divisions.
The entitlement to the contribution shall be nullified in the event of the impropriation of a recoverable immovable property that may be recovered.
1 The right to the contribution shall not be open to conservatoir or executoriiale.
1 Goods, which, according to Articles 562 and 563 of the Civil Code, are, by their nature and function, in the judgment of the fixing body of goods, as intended in Article 16 , other movable property shall be regarded as movable property for the calculation of the contribution.
2 Associations without legal personality which pursue a cultural or social purpose or promote the exercise of sport shall be treated for the purposes of this Act, if they have legal personality. Payment of the contribution shall be made to such an association in respect of the discharge by the joint authorities of the association or of one or more persons empowered to do so, but not after the administrative action of the board, under penalty of repayment of the contribution, having jointly committed the contribution of the contribution to the interests of the association's purpose.
1 A contribution, which is found by the fixing institution to be erroneously or unduly fixed, may be reviewed ex officio. A revision may, in so far as the contribution of the contribution has already been made, or give a start of execution to that payment, lead to recovery of the person who has been deemed to be entitled, only to the extent that the revision has been place found on the basis of facts or information which the determining body was neither known nor reasonably known in determining whether the contribution was disbursement, or which should have been known, or should be known to the extent that the person concerned has been considered to be entitled, at the time of payment, to know or to reasonably suspect that, the payment was made, in whole or in part, in error.
2 An advance on the contribution, including that which has been paid by the State under a credit granted by third parties under the guarantee of the State, may be recovered in view of the contribution to be expected, provided that it the contribution is shown to be beyond the range.
3 The recovery of sums paid shall be made on the basis of an order for recovery determined by an institution, to be indicated by our Minister of Finance, in particular of the person or to whom it is to be recovered The amount has been paid; the decision in question is reasoned, specifies the time limits in which the amount to be recovered is to be paid, and indicates a recipient of the direct taxes for recovery.
4 No recovery can take place more than five years after the adoption.
5 Before an attack, imposed upon the death of the debtor, his heirs shall not be liable any further than each of his inherited part, increased by the amount of his/her deposit.
6 With regard to amounts to be recovered in accordance with paragraph 3, the provisions of the Law of 22 May 1845 ( Stb. 22) and the Cost Bill-Income Tax Act , applicable, except that:
(a) the amount to be recovered shall be treated as income tax;
(b) "cohere" means a copy of the order referred to in paragraph 3, certified by the institution referred to in that paragraph;
c. "ticket" means a copy of the order referred to by the recipient and recorded by the recipient;
d. is read for 'tax culprit': debtor;
e. the time-limits specified by the institution referred to in paragraph 3, to replace those referred to in Article 8 of the Law of 22 May 1845;
f. the recipient for the application of the provisions of Article 20 of the latter Act is deemed to act on behalf of the Board of Taxation.
1 If a person entitled to a contribution or third parties with knowledge of that rightholder has intentionally provided false information or information to obtain an excessive contribution, it may be indicated by our Minister for Finance to do so. the amount of the contribution to be granted under the other provisions of this Law shall be reduced by a maximum of 50 to 100. The application of the previous sentence is without prejudice to the interests of third parties.
2 The same shall apply where the provision of the information or information referred to in paragraph 1 has been referred to as having been the result of the excessive determination of a contribution under that law. Recovery due to Article 52 In that case, it shall include both the amount to be granted and the reduction by not more than 50 to 100.
1 Appropriations may be granted by our Minister of Finance for damage to the persons concerned, to the extent that no contribution is made, up to the amount of the approved rebuilding, repair or repurchase costs, in other words: to that end reduced the amount of the contribution.
2 The appropriations referred to in paragraph 1 may also be granted by third parties under the guarantee of the State, by means of general or special approval of Our Minister of Finance.
3 Our Minister of Finance may provide that the repayment of a credit granted under paragraph 1 shall be or will not be suspended, in whole or in part, and that all credit or part thereof shall not be suspended, or any part thereof, lower than the accrued interest will be due. Our Minister may also grant a waiver of an amount due due to the principal amount of the appropriation or part of it. In applying this paragraph, our Minister mentioned may take into account the profitability of the amounts invested in the relevant objects or the operating income as a whole.
4 Equal rights, if exercised by our Minister of Finance as a result of paragraph 3, shall be attributable to the third parties referred to in paragraph 2; however, in so far as such jurisdiction is exercised without the prior consent of Our Minister, the guarantee referred to in paragraph 2 shall be deleted.
5 In the case of the appropriations provided for in the preceding paragraphs, no application shall be made by the party concerned to apply the provisions of paragraphs 3 and 4.
6 The conditions for granting the appropriations referred to in the preceding paragraphs shall be determined by our Minister of Finance.
7 The provisions of Article 40 (2) , with regard to the appropriations referred to in this Article, shall apply mutatis mutandis. The same shall apply in respect of the provisions of Article 52 , as regards the amounts, used by the third parties referred to in paragraph 2, of the guarantee provided therein.
1 Our Minister of Reconstruction and Housing may, where he considers it necessary for the sake of reconstruction, without prior declaration of the law, that the general interest progressinto the impropriation, from rubble, from the building. material and further remnants of stables, the whole or almost total destruction of which is as damage to water as water damage, even if that residual material is still permitted; this impropriation is referred to as a debris-teening. If, under the rubble, material and residual material referred to in the previous sentence, other movable property, which has been destroyed wholly or substantially as a result of the water pip, are also destroyed, they shall be taken into account in the impropriation of the previous sentence. Goods covered.
2 In particular the State or, after consultation with the body concerned, in particular of another body governed by public law, shall be the subject of the rubble.
3 Ruins of the Propriation will be taken into account by a call to the mayor of the municipality of the Minister of the Municipality mentioned in paragraph 1, within which the matters which are to be taken are situated. The Mayor shall ensure that the impropriation is brought to public notice as soon as possible, but not later than 14 days after the day on which the notice reaches him. If circumstances permit, our Minister shall not give notice before those who have an interest in the irpropriation must have the opportunity to ensure that, within a reasonable period of time, the land is to be taken. which are in the desired situation, the cases which are to be found.
4 In the event of a property loan, no separate indemnity shall be granted if the owner is entitled to the grant of a contribution. In that case, when determining the contribution according to the Articles 13 , 14 , 32 or 33 the value of the goods referred to in the Article in question has not been deducted from the contribution.
5 If no claim can be made in the event of a need to contribute, the compensation shall be fixed by the institution responsible for the determination of the contribution, determined on the sale value of the accused person. cases on the date of impropriation. Where a claim to a contribution is later claimed, the contribution to be determined shall be reduced by the amount of compensation granted.
6 The compensation referred to in paragraph 5 shall be chargeable to the person concerned, in particular, whose name shall be unteatified. The State shall pay the indemnity as soon as possible or assume that it is paid directly by the person concerned, in particular at the earliest opportunity, as soon as possible; in the case of creditors in respect of the damaged goods, the State shall pay the compensation as soon as possible; hypothecary creditors, including Article 36 where applicable mutatis mutandis. The State shall be liable for this payment. The amount paid by the State shall be settled as soon as possible after payment with the person concerned, in particular from the point of view of untether. The compensation referred to in paragraph 5 shall, moreover, apply to the application of this Act as a contribution.
For live goods, for the purpose of the exercise of an agricultural holding which is supplied by breeders in the areas affected by the water pired to our Minister for Agriculture, Fisheries and Food by the waters affected by the waters of 1 February 1953, are to be the supply of equivalent animals, or, where this is not possible or not desired in the judgment of Our Minister, shall be reimbursed to the measure of the equivalent animals, Article 18 .
1 Each of which has the sole right to use, in respect of unbuilt immovable property which has been flooded as a result of the storm of 31 January and 1 February 1953, that such property is to be used for the purpose of carrying out activities in the related to the recovery in kind by the State of the damage in Article 9 (1) These two areas are being entered and that work is being carried out.
2 If the act referred to in paragraph 1 is not tolerated, the intervention of the mayor, who shall then order the person concerned to comply with the obligation laid down in that paragraph, may, in the absence of such action, be ordered to do so by the latter. The use of the strong arm can force.
1 In special cases where the provisions of this law, contrary to its spirit, lead to injustice, our Minister of Finance shall be empowered to grant a contribution or a higher contribution, by way of derogation from those provisions.
2 The same applies, if it is established, that the contribution to be granted will be spent on objects of public utility, or will be used for objects of mental or cultural interest.
3 In any case, the provisions of paragraph 1 shall apply where the beneficiary has suffered loss or has suffered losses of loss or damage to a good person, which he has purchased for the purpose of making a contribution, which shall be the result of the contribution of the person concerned. was granted by virtue of the Substantive War Damage Act, or a good one, which it procured to replace goods intended for good.
1 All documents showing that they are made up for the implementation of this Act are free of duty. No charges shall be charged for the operations of the mortgages, the land register and the ship's proof necessary for the implementation of this Act.
2 Under the documents referred to in paragraph 1, construction permits of municipal authorities for the execution of construction works shall be co-approved, which shall be used to repair or replace buildings which have suffered damage to water.
3 For the work of notaries relating to property and business rights on immovable property or ships, in connection with the implementation of this Law, special tariffs shall be fixed by our Minister of Justice if necessary.
1 Our Ministers, as instructed by this Law, shall be empowered to do so in general or in special cases, in so far as they do not exist in the making of general binding rules, or in decisions on appeal. delegating to, in particular, officials or colleges.
2 The officials or colleges, acting under the preceding paragraph, shall indicate in the documents concerned that they are acting on behalf of the Ministers referred to in the preceding paragraph, and the date of the decision, and their respective Has been delegated.
1 Our Minister of Finance is empowered, in so leading cases, in agreement with Our Ministers, who is responsible for this. Article 6 -to lay down rules on the implementation of this law.
2 These rules may include standards, according to which the quantities and quality of field crops and their wood is estimated and the prices of such products, orchards, livestock and other agricultural holdings and stocks are to be assessed as appropriate. the quality shall be determined.
This law shall enter into force with effect from the day following that of its proclamation.
This law can be cited as "Law on the Water Emergency Damage 1953".
Burdens and orders, which are in the State Sheet will be placed and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise implementation.
Given at Paleize Soestdijk, 24 December 1953
The Minister of Finance,
FROM THE KIEFT.
The Minister for Reconstruction and Housing,
The Minister for Agriculture, Fisheries and Food,
The Minister for Economic Affairs,
The Minister of Transport and Water,
The Minister of Justice,
L. A. DARK.Issued the fifteenth January 1954.
The Minister of Justice, a.i.,