LAW No. 10 of 29 March 1974 concerning ISSUING NATIONAL ASSEMBLY rechizitiile Published in the Official Gazette NR. 54 on 6 April 1974 REASON enhancing homeland defense was a primary task of our socialist State, of all the people.
In the interests of the Socialist Republic of Romania, the defence of public order or State security, it is necessary that, besides the technique and other goods from endowing the armed forces, to be rechiziţionate and other goods from the national economy. Also be responsible for some individuals for the provision of services.
Law No. 139 on the rechizitiilor of 27 February 1940 no longer corresponds to the current economic structures and the social and political situation of our State.
To regulate these issues have been adopted this law, which States that the proclamation of a State of necessity, the mobilization of the State of war, given the urgency and effectiveness of such measures, you can make requisitions and summon individuals for supply of services available to the Ministry of national defense and the Ministry of the Interior, the proclamation of the Declaration, respectively, these situations. In this respect, the Council of Ministers sets from peacetime quantities or percentages of assets that is rechizitioneaza, on central bodies, other ministries and on executive committees of Councils.
In situations other than those shown above, for example, applications for mergers, the Ministry of national defense and the Ministry of the Interior may make requisitions and summon individuals for the provision of services only with the approval of the Defence Council of the Socialist Republic of Romania.
The Bill also provided for prerogatives in relation to rechizitiile, for local councils of Defense responsible to take action to ensure the performance of requisition of goods and individuals calling for the provision of services.
According to the law can rechizitiona railway transport, automotive, shipbuilding, and with animal traction equipment and airfield, telecommunications, construction, technical means and topographical material spare parts, repairs, fuel and transport equipment, buildings, land, food, feed and other supplies necessary for the armed forces.
Rechizitionarea goods and individuals calling for the provision of services shall be made through the territorial headquarters and military centres and by way of exception in the law was made in time of war such measures may be taken by any commander unit that acts independently in the fight in particularly arduous circumstances.
For knowing the number and condition of the goods may be rechiziţionate, the law provides that the ministries, other central executive bodies and committees of the District Councils and popular of Bucharest, as well as their subordinate units have the obligation to communicate, on request, the Ministry of national defence or its territorial bodies, data regarding assets belonging to them. At the same time, it was intended that, for some categories of goods the Council of Ministers may order their damaging.
It was intended as a period of requisition does not charge taxes for goods rechiziţionate.
The law contains provisions concerning payment of compensation, taking into account the nature of the goods and rechiziţionate, like other requisition, laws in connection with the assessment of damages, as well as payment of work performed.
For the provision of services has been referred to as callings in agreement with the Socialist units undergoing these obligations belong, not to stinjeni the work of these units.
The Bill has provided for the persons responsible for the provision of services to be paid on the first 10 days.
In the case of provision of services other than those in which they are domiciled or residing persons summoned, it was intended as insurance against transport, accommodation and feeding to be borne by the receiving unit, the cost of food will be support of persons providing the services, except for pupils, students and people called for a period of up to 10 days.
Are provided for goods which are not expressways rechizitioneaza Minde in view of the intended use of the goods, as well as individuals who are exempt from the provision of services, due to the ability of their physics and other situations in connection with the work.
In order to give effective law, it was intended to be sanctioned persons are guilty of violating them.
At the same time, the law authorize the Board of Mahan and executive committees of councils and popular of Bucharest to dispose of property, calling rechizitionarea and individuals for the provision of services, in order to prevent or remove the consequences of certain natural disasters, epidemics, disasters or imminent danger of a general nature, as well as for civilian health what formations constitute the general mobilization or State of war in similar conditions of labour payment or compensation.
As a result of the provisions contained in the law next, law nr. 139 on the rechizitiilor of 27 February 1940, as amended, is repealed.
National Assembly of the Socialist Republic of Romania adopts this law.
Chapter 1 General provisions Article 1 the proclamation of a State of necessity to declare partial or general mobilization of the State of war and on all the time how long does these situations as well as in the case of mergers, applications or other circumstances where the interests of defence, public order and State security, advertising can make requisitions of goods belonging to the Socialist state organizations Cooperative organisations, public organisations, other times the other legal entities and natural persons and may be responsible for some individuals for the provision of services.
Article 2 for the purposes of this law:) requisition means putting at the disposal of the Ministry of national defense, Ministry of Interior or other State bodies, for temporary use, at their request, of goods belonging to natural or legal persons, for the purposes of homeland defence, public order and State security, carry out in optimal conditions of partial or general mobilization, concentrations or applications, and in other cases provided for in this law. Consumptibile or perishable goods may be rechiziţionate;
b) through services means conducting works or activities by individuals, at the call of the Ministry of national defence, the Ministry of internal affairs or other organs of the State, for the purposes referred to in subparagraph (a). to article 3). Rechizitionarea of goods and supply of services in order to satisfy the needs of every kind, mine and cartiruire required for the armed forces, the civilian staff accompanying them, patriotic, State authorities shifts;, responds, refugees, the population affected by the consequences of war and prisoners of war, as well as to ensure the proper operation of the officials and communications , enterprises, institutions and other organizations, as well as Socialist for the purposes mentioned in article 1. 27. Article 4 of the National Defense Ministry and the Interior Ministry, on the basis of this law, may make requisitions of goods and call for individuals providing services, the proclamation of a State of necessity to declare partial or general mobilization of the State of war, the proclamation of the times declaring such situations, as well as during them.
The percentages or quantities of goods to be rechizitioneaza in the cases provided for in paragraph 1. 1 on the other ministries and central organs on the executive committees of the popular councils shall be established by decision of the Council of Ministers.
Article 5 in the event of mergers, applications or other circumstances imposed by the general interests of the country's defence, public order and State security, the Ministry of national defense and the Ministry of the Interior may make requisitions of goods and call for individuals providing services only with the approval of the Defence Council of the Socialist Republic of Romania.
Article 6 local councils, each in their range, take measures to ensure performance of requisition of goods and individuals calling for the provision of services.
To this end, through the centres of military and other local bodies:-organize actions for checking the keeping of the mobilization of resources by Socialist organizations, as well as maintenance and technical condition of means of transport and construction equipment from their endowment;
-organize actions for checking the existence of Socialist organizations of materials, food and other necessities in the mobilization of military units;
-analyzes work force that can be used in the provision of services in relation to production needs, and determine the number of persons that can be made available for this purpose from each organization acknowledged.
Also, the local councils of Defense supports military bodies for making rechizitiilor of goods and individuals calling for the provision of services.
The county councils of defense shall determine the localities where it will run cartiruirea for the purposes mentioned in article 1. 3. Article 7
Can be rechizitiona, according to this law, means of transportation, railway, Naval, aerial and animal traction, and the technique of the airfield, telecommunications equipment, machinery and construction materials, topographical, repairs, fuel and transport equipment, buildings, land, food, animal feed and other supplies necessary for achieving the aims set out in article 11. 3. Once the goods rechiziţionate taught and related equipment.
Article 8 Rechizitionarea goods and individuals calling for the provision of services, available to the bodies mentioned in article 1. 4 and 5, shall be made by the territorial headquarters and military centres.
The Minister of national defence may establish and other military units to make requisitions or to summon individuals to provide services.
Exceptionally, in time of war, any Commander subunit similar or superior unit times the battalion in the fight, which acts independently, can take on responsibility so far as rechiziţionării of goods or individuals calling for the provision of services.
The provisions of the preceding paragraph concerning individuals calling for the provision of services shall not apply to persons who provide direct public transport and making telecommunications.
Article 9 establishment of buildings necessary for meeting the needs of cartiruire is done by the executive committees of local councils, the popular County request authorized bodies.
The owners or holders of real estate in any title you are obliged to put their buildings at the disposal of the beneficiaries of cartiruire at their request, and to provide lighting and directed from, if you have the means.
Chapter 2, book-keeping and Procedure rechiziţionării goods, as well as the individuals calling for the provision of services.
The setting and payment of compensation and the payment of labor Article 10 ministries, other central executive bodies, the committees of the District Councils and the popular Bucharest, as well as their subordinate units, keep track of the goods subject to the General rules concerning the requisition under the record of their heritage assets. They are obliged to communicate, on request, the Ministry of national defence or the territorial military command centers in times given the number and condition of the goods.
Record of assets subject to requisition belonging to natural persons are, under the conditions referred to in the preceding paragraph, by the executive committees of Councils, city folk or communal councils where appropriate.
Article 11 the Council of Ministers may order the damaging for certain categories of goods subject to requisition.
When carrying out the census, property holders are obliged to declare them when they are informed and, upon request, to portray census commissions.
The bodies which may receive the result of the census data and the communication is made shall be determined by decision of the Council of Ministers which ordered the census.
Article 12 the Ministry of national defence is authorized to control and record-keeping periodically maintenance mode, for legal entities to whom they belong, of goods subject to requisition and to verify the accuracy of the information supplied by them.
Article 13 is based on rechizitioneaza Goods an order for surrender issued by the military. 8. the decisions of the Council of Ministers may establish other forms ordering the handing over of property belonging to the State-Socialist organizations.
Article 14 order of teaching rechizitioneaza in assets that it comprises the name of the issuing body and the military, the legal basis of requisition, identification data of the owner of the property and its holder as well as the times and indications of how the requisition period, place and term of teaching.
Article 15 teaching and for delivery of the goods takes place at the rechizitionat place and time period specified in the order.
Teaching order is handed in by the Center's delegate or, where appropriate, of the militia body.
Rechiziţionate goods shall be submitted with the report.
Where goods rechiziţionate in the situation referred to in article 1. 8 para. 3 it is not possible to draw up the report themselves, the Commander of the unit or the recipient issues a subunitatii proof.
Rechiziţionate goods not belonging to the State Socialist organizations in the minutes or in the evidence it passes the value of the asset at the date of the requisition, with an indication of the legal basis of the prices or tariffs.
Those who possess greater quantities of goods from the category of those rechizitionabile shall provide, within the framework of the obligations shall be fixed on the highest status.
In the event of failure to comply with paragraph 1. 1 and 6 rechizitia is made with forced past the body.
Article 16 National Defense Ministry and the Interior Ministry ensure keeping the physical units of property belonging to the State-Socialist organizations, as well as of individuals and the value of assets belonging to other legal entities and natural persons, rechiziţionate, under the provisions of this law, at the disposal of those bodies.
Article 17 Rechizitiile of goods will entitle the owner to compensation has been established, as it looks in this law.
Not be granted compensation for wear and tear arising from normal use of the asset rechizitionat.
The damage done caused farmland that were rechiziţionate eligible for compensation only in times of peace.
For buildings used in the cartiruirea article. 3 shall be paid the rent during the State of necessity, General or partial mobilization times the State of war, irrespective of the duration of use of buildings.
In other cases, entitlement to cartiruirea collection of rent, as established by the laws, but after 30 days of use.
Article 18 in the event of a State of necessity, mobilization or State of war shall not be paid compensation for assets rechiziţionate of State-Socialist organizations. These organizations are exempt from the spill related depreciation rates for fixed assets rechiziţionate throughout as well as have been made available to the authorized bodies.
In respect of goods belonging to the Socialist state organizations, rechiziţionate in situations other than those referred to in paragraph 1. 1, the Council of Ministers may order compensation plan modification times of economic indicators as appropriate.
Article 19 Establishment of remedies in respect of goods belonging to rechiziţionate individuals and legal entities other than organizations of the Socialist state, shall be as follows: a) for your time as well as have been made available for goods forming part of the assets and funds to be handed back, other than buildings, after depreciation quota system established in accordance with the legal provisions, calculated for the time as property has been rechizitionat;
b) for limited-term rechiziţionate, which is no longer justified reasons may be reimbursed to those entitled and there was no possibility of compensation in the nature of providing instead of another good, and for the rechiziţionate Finally, the production price, delivery or retailers, as applicable, in effect on the date of requisition, due account of the legal provisions in force as well as the quality or condition of wear and tear of the goods rechiziţionate;
c) for buildings and land without crops or plantations, at an equivalent rent established according to legal provisions. For unproductive land may be granted compensation;
d) for existing crops and plantations on land rechiziţionate, the equivalent value of the unrealized production, calculated at acquisition prices, minus the expenses that would have been necessary to obtain the harvest. In case of destruction of plantations, the equivalent expenditure necessary for their recovery;
e) for buildings destroyed, the compensation shall be determined according to the legal provisions relating to the granting of compensation in case of expropriation of such goods.
In the case of goods rechiziţionate for which there is no established pricing, valuation of compensation is made by the delegate of the receiving unit and the Executive Committee of the people's Council in the village where rechizitia has been carried out, by comparison with the prices of similar products, due to the State of wear and tear of the goods at the date of the requisition.
Article 20 during the requisition does not charge taxes for goods rechiziţionate.
Article 21 In the situations referred to in article 1. 1, may be called upon to provide services to any able-bodied people having age from 16 years up to 60 men and sixteen years old up to 55-year-old women. Some specialists like doctors, engineers,: vîlcea, technicians, economists, pharmacists, nurses, may be called upon to provide services in their specialties and over the maximum limit of age provided for above.
Presentation of individuals for the provision of services is made at the place and date indicated by the military. 8, through notification by or other means of communication. The notification shall be made, for a nominal salary earners or members through cooperative Socialist organizations of which they are part; for others, the reminder is secure by the executive committees of Councils, city and popular communal councils through the respective organs of militia.
Notifications relating to individuals calling for the provision of services, issued by the military, are made in the form of an order to call individually or collectively, including the name of the issuing body and the military, the legal basis of the call, the surname, forename and domicile of the person called, must be submitted, and the term.
The call for the provision of services to keep into account the needs of establishments in the Socialist working people subjected to such obligations.
The establishment of cooperative members and employees called for the provision of services is made by the receiving unit, delegations agreed with heads of organizations of the Socialist working people.
People called for the provision of services are used, as possible, in relation to the training, skills and the localities in which they are domiciled or resident.
Article 22 In mobilizing or war time people called for the provision of services by the military. 8, in the interest of military units or institutions, enterprises and other organizations, as well as Socialist and Socialist organizations of any personnel shall exercise their powers under the specialized military units in the area of operations, are subject to any deviations resulted directly from the tasks with which they are entrusted, control, discipline and military jurisdiction.
The persons referred to in the preceding paragraph are considered soldiers mobilized in times of war, with military ranks from obvious, but in terms of the situation regulated in the previous paragraph. People who were not in the military are considered obvious that had the rank of soldier.
Article 23 Persons called for the provision of services more than 10 days in a year are entitled to payment of work performed, starting from the 11th day. These rights shall be calculated as follows: (a) employees and members) artisan cooperatives are entitled to salary or remuneration, as appropriate, the category of employment and the continuous increase of old-age in the same unit had at work in the month preceding the call for the provision of services;
b) members of agricultural cooperatives of production shall be entitled to a monthly allowance equal to the average income achieved in the last 12 months but not less than the guaranteed minimum monthly income according to the regulations in force;
c) members of the unions and the creators of colleges are entitled to monthly calculated average income over a period of 12 months preceding the call for the provision of services;
d) people who do not fit into any of the provisions of subparagraph (a). the-c)) are entitled to payment of work done, due to the quantity and quality of work, according to legal norms.
Persons called upon to service up to 10 days in a year are not remunerated.
In case of illness or accident at work occurred during the provision of services, those who do not have the status of employees or members of the artisan cooperatives benefiting from medical assistance and medication or disability pension under the same conditions as employees.
In the case of provision of services other than those in which they are domiciled or residing persons responsible for accommodation, transport, insurance, and feeding are borne by the receiving unit. The cost of food is support of persons providing the services, except for pupils, students and persons responsible for up to 10 days in a year as long as the employee services under this Act shall be treated as continuous in the same old establishment.
Article 24 amounts needed to grant compensation for goods rechiziţionate and for compensation of individuals who have rendered services, it support out of funds made available for this purpose, the payment made on their way: a) for rechiziţionate, by executive committees of Councils of the localities where rechizitia has been carried out according to those laid down by the Ministry of finance not later than 3 months after the date of expiry or termination of the causes that gave rise to rechizitia with the exception of the amounts for goods consumptibile or perishable, which is payable from the date of their rechiziţionării or within one month of that date;
b) for services provided by employees of the State Socialist organizations, by the units in which they are employed, while for others, the executive committees of Councils of the localities in which they reside, the data and in compliance with legal provisions relating to wages and salaries.
The amounts representing amortization and rent is paid and according to legal provisions.
Article 25 The fulfillment of deadlines or the cessation of the causes that gave rise to rechizitia goods shall be returned to those who have been rechiziţionate, with proceedings for repayment.
The refund is sent to legal persons or individuals whom it belonged to rechiziţionate goods.
Article 26 At compensation amount unsatisfied may bring action in court jurisdiction or, where appropriate, the State Arbitration, against the beneficiary unit of requisition.
Disputes connected with payment of work of persons called for the provision of services are within the competence of the Court.
Competent bodies to settle disputes mentioned in the preceding paragraphs are those whose territorial RADIUS has his domicile or seat of the applicant.
Actions entered within the time limit mentioned in paragraph 1. 1 and 2, as well as the remedies exerted, are exempt from stamp duty.
Chapter 3 Rechizitionarea of goods and individuals calling for the provision of services in other situations article 27 in order to prevent or remove the consequences of certain natural disasters, epidemics, disasters or imminent danger of a general nature, other than those referred to in article 1. 31 of the law on the Organization of production and labour in agriculture (Law No. 4/1970) Council of Ministers and the executive committees of the District Councils and the popular Bucharest may rechizitionarea of goods from those laid down in article 21. 7 of this law and call for the provision of services to individuals.
In order to comply with the rulings of the local councils of defense pursuant to article 13. 18 lit. c) of law No. 14/1972 on the Organization of national defence of the Socialist Republic of Romania, in order to ensure the needs of military units on the run-time mobilization, popular executive committees of Councils have rechizitionarea goods and call for the provision of services to individuals.
Sanitary goods required civil servants of what constitutes the general mobilization or State of war can be rechiziţionate through the decisions of the executive committees of councils and city folk.
Article 28 For the situations described in article 2. 27, in the decisions of the Council of Ministers or, as appropriate, in decisions of the executive committees shall establish the quantities of goods and the duration of the requisition, the procedure rechiziţionării and calling for the provision of services.
Reminder about the provision of services or of goods in these teaching situations is made by executive committees of Councils, town, popular communal and municipal sectors of Bucharest.
Article 29 conditions under which the payment or compensation shall be granted for goods rechiziţionate are referred to in art. 17, 18, 19, 20, 23 and 24 of this law.
Chapter 4 exemptions requisitions and services Article 30 is not rechizitioneaza: a) personal effects and objects of household home appliances;
(b) animal traction vehicles) or mechanical belonging to invalids, war widows, orphans, and other persons, if these goods constitute their only means of existence;
c) parts of the buildings intended for public services and State organizations, strictly necessary for their officials;
d) goods belonging to churches or houses of worship of any cult recognized by the State;
f) the quantities of cereals, vegetables and fruits required its owner and family consumption, according to the rationing of consumption established by laws, the necessary insamintarii, as well as seeds and breeding animals and animals Queen Bee;
g) goods contained in the mobilization reserves constituted according to the laws;
h) goods belonging to diplomatic missions and consular posts.
Article 31 Are exempt from the provision of services to indigent persons: total) capacity for work;
b) persons lacking capacity partly work, if it makes it unsuitable for activities that were called;
c) pregnant women starting from the 5th month of pregnancy;
d) people who care for children, parents, brothers or sisters totally or partially deprived of capacity for work, when their presence is absolutely necessary;
e) mothers who take care of children under 8 years of age;
f Socialist organizations mobilize employees) at the workplace;
g) staff of diplomatic missions and consular posts.
For the cases referred to in points. a), b), c) and (d)), the lack of this capacity, i.e. the need to advise those in care, shall be established by the competent public health bodies.
Chapter 5 Penalties Article 32
Unjustified refusal to provide the armed forces legal rechiziţionate goods, evading the fulfilment of these obligations in times of non-Declaration of assets subject to census requisition shall be punished according to criminal law.
Article 33 Failure without substantive justification or refusing legal persons called upon to provide services in peacetime offences and shall be imposed with a fine from 1,000 to 5,000 lei.
It also constitutes contravention and shall be sanctioned with a fine of 300 to 1,000 failure to leis on request and within the time requested by the military. 10-keeping data concerning goods rechiziţionate.
The penalties provided for in paragraph 1. 2 apply to employees to whom the obligation rests according to job duties are designated times directing Socialist organizations to keep track of goods subject to requisition.
The provisions of article 25 and 26 of law No. 32/68 *) relating to the establishment and sanctioning of offences concerning the payment of one-half of the minimum fine is not applicable.
Offences set out in paragraph 1. 1 ascertain particular delegates empowered the unit headquarters who issued the order to call or drive; offences set out in paragraph 1. 2 to establish entitlement of officers of the military organs under article 4. 10 of this law.
Claim agent apply fine.
The complaint against the minutes in respect of the contravention is Commander who solves authorized agent is discovered or, where appropriate, by the District Court in whose territory the offence was committed.
If the acts referred to in paragraph 1. 1 and 2 are committed during the State of emergency, mobilization or State of war, they shall be sanctioned with contraventional prison from 1 month to 6 months.
When offenders are minors, limits prison administrative penalty shall be reduced by half.
Article 34 in the cases referred to in article 1. 33 para. 8 minutes of finding shall be sent forthwith to the Court in whose territory the offence was committed.
The provisions of article 12-14, art. 15 para. 1, 2 and 4 and art. 16 of Decree No. 153/1970, approved by law No. 32-70, are applicable.
During the execution of administrative prison, those sanctioned are obliged to perform activities related to the needs referred to in article 1. 3. Where the infringer is required to fulfil military service prior to the pronouncement of the judgement of the time before the start of the execution of criminal sanction, detention record or, where appropriate, the decision shall be sent to the Commander of the military unit in which the infringer, to apply sanctions according to the regulation on military discipline.
Article 35 the provisions of art. 33 and 34 are complete with the provisions of law No. 32/68 *) relating to the establishment and sanctioning violations.
Failure to comply with the obligations laid down in article 36 of the decisions of the Council of Ministers or the decisions of the executive committees of councils under article 15(1)(b) of popular data. 27, with the exception of para. 2, constitute offences and shall be imposed with a fine from 500 to 3,000 lei. These offences are found to mayors as well as militia officers or subofiteri.
Procedure for fact-finding, remedies and penalties for offenses laid down according to the preceding paragraph are those provided for by law No. 32/68 *) relating to the establishment and sanctioning violations.
In the event of failure to comply with the obligations laid down in the decisions of the executive committees of Councils, in application of article data. 27(2). 2, proceed in accordance with the provisions of article 7. 32-36 of this Act.
Chapter 6 final provisions Article 37 provisions of this law shall also apply to foreign natural persons or legal, domiciled or residing in the territory of the Republic headquarters times Socialist Romania, insofar as they have not established otherwise by international agreements to which the Socialist Republic of Romania is a party.
Article 38 the Minister of national defence will determine how the enforcement of the provisions of this Act relating to notification and organization of teaching in assets that are rechizitioneaza by the Socialist organizations.
The powers devolving upon the militia bodies in connection with the provisions of this law shall be determined jointly by the Minister of national defence and Minister of the Interior.
Article 39 this Act shall enter into force on the date of its publication in the Official Gazette of the Socialist Republic of Romania.
Article 40 on the date of entry into force of the present law, law No. 139 on the rechizitiilor of 27 February 1940, as amended, is repealed.
— — — — — — — — — — — — — — — — — — — —-Note *) see note at p. 73.