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Law No. 10 Of 29 March 1974 Concerning Requisitions

Original Language Title:  LEGE nr. 10 din 29 martie 1974 privind rechiziţiile

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LEGE No. 10 of March 29, 1974 on the requ
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN NO. 54 of 6 April 1974



EXPLANATORY MEMORANDUM Strengthening the defense capacity of the homeland representing a primordial task of our socialist state, of the entire people. In the interest of defending the Socialist Republic of Romania, public order or state security, it is necessary that, in addition to the technique and other goods from the endowment of the armed forces, other goods from the national economy are requisitioned. Also to be called some individuals for service supplies. Law no. 139 on the requisitions of 27 February 1940 no longer corresponds to the current economic and social-political structure of our state. In order to regulate these problems, this law was adopted, in which it is stipulated that when declaring the state of necessity, when declaring the mobilization or the state of war, given the urgency and efficiency of such measures, requisitions can be carried out and call individuals for the provision of services at the disposal of the Ministry of National Defence and the Ministry of Interior, with the proclamation, namely declaration, these situations. In this regard, the Council of Ministers shall establish from time of time the quantities or percentages of surrender of the goods that are requisitioned, the ministries, the other central bodies and the executive committees of the popular councils. In other situations than those shown above, for example for concentrations, applications, the Ministry of National Defence and the Ministry of Interior may carry out requisitions and call individuals for the provision of services only with the approval of the Council Defence of Socialist Republic of Romania. The law provided for attributions, in connection with the requisitions, for the local defense councils that have the task to take measures to ensure the requisition of goods and the call of individuals for services. According to the law can be requisitioned means of railway, car, naval, air and animal traction transport, technical and aerodrome installations, telecommunications, construction technique, topographic means and materials, spare parts, means of repairs, fuel and machinery for their transport, buildings, land, food, feed as well as other goods necessary for the armed forces. The requisition of goods and the call of individuals for the provision of services are made through territorial commands and military centers and exceptionally in the law it was foreseen that in time of war such measures could be taken by any Unit commander who in the fight acts independently in particularly hard circumstances. In order to know the number and condition of the goods that can be requisitioned, the law stipulates that the ministries, other central bodies and executive committees of the county folk councils and the city of Bucharest, as well as the subordinate units they have the obligation to communicate, on request, to the Ministry of National Defence or its territorial bodies, data on the goods belonging to them. At the same time, it was foreseen that for some categories of goods the Council of Ministers can order their census. It was stipulated that during the requisition period no taxes and fees are charged on requisitioned goods. The law contains provisions on the payment of compensation, taking into account the belonging and nature of the requisitioned goods, the way of requisition, other legal provisions in connection with the assessment of compensation, as well as the payment of the For the provision of services it was foreseen that the calls should be made in agreement with the socialist units in which those subject to these obligations are part, in order not to stinjen the activity of these units. In the law it was stipulated that people called to service supplies should not be remunerated for the first 10 days. In the case of the provision of services in localities other than those where the persons concerned reside or reside, it was foreseen that the provision of transport, accommodation as well as feeding should be the responsibility of the beneficiary unit, the cost of food supports the persons who provide the services, with the exception of students, students and persons called for a period of up to 10 days. The goods that are not requisitioned are expressly provided for, taking into account the destination of the goods, as well as the individuals who are exempt from the provision of services, taking into account their physical capacity and other situations in relation to the place of work. In order to give effectiveness to the provisions of the law, it was foreseen to sanction people who are guilty of their violation. At the same time, the law authorizes the Council of Ministries and the executive committees of the county folk councils and the city of Bucharest to order the requisition of some goods and the call of individuals to the provision of services the removal of the consequences of natural disasters, epidemics, catastrophes or imminent dangers of a general nature, as well as for the endowment of civil health formations that constitute the declaration of general mobilization or state of war, under conditions similar payment of work or compensation. As a result of the provisions of the adjoining law, Law no. 139 on the requisitions of 27 February 1940, as amended, shall be repealed. The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 To declare the state of necessity, to declare partial or general mobilization or state of war and throughout as long as these situations last, as well as in case of concentrations, applications or other circumstances in which the general interests of defense of the country, public order and security of the state advertisement, can be made requisitions of goods belonging to state socialist organizations, cooperative organizations or other public organizations, other legal entities, as well as persons physical and may be called some individuals for service provision. + Article 2 For the purposes of this Law a) the requisition means making available to the Ministry of National Defence, the Ministry of Interior or other state bodies, for temporary use, at their request, of goods belonging to legal or physical persons, for the purpose to the defense of the homeland, public order and state security, to perform in optimal conditions the partial or general mobilization, concentrations or applications, as well as in the other cases provided by this law. Consumptible or perishable goods may be requisitioned definitively; b) by providing services it is understood to carry out some works or carry out activities by individuals, at the call of the Ministry of National Defence, the Ministry of Interior or other state bodies, for the purposes provided in lett. a). + Article 3 The requisition of goods and the provision of services are made in order to satisfy the needs of any nature, the working mine and the neighborhoods necessary for the armed forces, the civil personnel accompanying them, the patriotic guards, the state authorities, the victims, refugees, the population touched by the consequences of war and prisoners of war, as well as to ensure the proper functioning and exploitation of the communication channels, enterprises, institutions and other socialist organizations, as well as and for the purposes provided in art. 27. + Article 4 The Ministry of National Defence and the Ministry of Interior, based on this law, can carry out requisitions of goods and call individuals for services, to proclaim the state of necessity, to declare partial or general mobilization or of the state of war, with the proclamation or declaration of these situations, as well as during the time they last. Percentages or quantities of surrender of goods requisitioned in the situations provided in par. 1 on ministries, the other central bodies and on the executive committees of the popular councils shall be established by decision of the Council of Ministers. + Article 5 In case of concentrations, applications or other circumstances imposed by the general interests of the country's defense, public order and state security, the Ministry of National Defence and the Ministry of Interior may conduct requisitions of goods and call persons physical for services only with the approval of the Defense Council of the Socialist Republic of Romania. + Article 6 Local defense councils, each in their territorial range, take measures to ensure the requisition of goods and the call of individuals for service supplies. To this end, through military and other local bodies: -organizes actions to verify the young people's record of mobilization resources by the socialist organizations, as well as the maintenance and technical condition of the means of transport and the construction technique from their endowment; -organizes actions to verify the existence of materials, food and other goods necessary for military units in mobilization; -analyses the workforce that can be used for services, in relation to the needs of production, and establish the number of people who can be made available for this purpose from each socialist organization. Also, local defense councils support military bodies for making supplies of goods and calling individuals for service supplies. The county defense councils establish the localities where the neighborhood will be executed for the needs provided in art. 3. + Article 7 It may be requisitioned, according to the present law, means of transport by car, rail, naval, air and animal traction, aerodrome installations and technique, telecommunications, construction technique, topographic means and materials, parts of exchange, means of repair, fuel and machinery for their transport, buildings, land, food, animal, feed, as well as other goods necessary for the purposes of the purposes provided in art. 3. With the requisitioned goods the related equipment is also taught. + Article 8 Requisition of goods and the call of individuals for the provision of services, in situations and at the disposal of the bodies provided 4 and 5, are made by territorial commands and military centers. The Minister of National Defence can also establish other military units to make requisitions or to call individuals to the provision of services. Exceptionally, in time of war, any commander of subunit or unit similar or superior to the battalion, who in the fight acts independently, can take on his own responsibility the requisition of goods or the call individuals to the provision of services. The provisions of the previous paragraph on the call of natural persons for the provision of services shall not apply to staff who directly provide for public transport and telecommunications. + Article 9 The establishment of the buildings necessary to meet the neighborhood needs is done by the executive committees of the county local folk councils, at the request of the authorized bodies. Owners or holders under any title of buildings are obliged to make their buildings available to beneficiaries of neighborhoods at their request, and to provide lighting and heating, if they have the necessary means. + Chapter 2 Procedure for the young record and requisition of goods, and the call of individuals for the provision of services. Establishment and payment of compensation and payment of work + Article 10 The ministries, the other central bodies, the executive committees of the county folk councils and the city of Bucharest, as well as the units subordinated to them, keep records of the goods subject to requisition according to the goods of their heritage. They are obliged to communicate, on request, to the Ministry of National Defence or territorial commands or to military centers given in relation to the number and state of goods. The record of goods subject to requisition belonging to individuals is held, under the conditions mentioned in the previous paragraph, by the executive committees of the communal, city or municipal folk councils, as the case may be. + Article 11 The Council of Ministers may order the census for certain categories of goods subject to requisition. When carrying out the census, the holders of the goods are obliged to declare them when they are notified and, upon request, to present them to the census commissions. The organs to which the result of the census is communicated and the dates until which the communication is made shall be established by the decision of the Council of Ministers by which the census was ordered. + Article 12 The Ministry of National Defence is authorized to control periodically the record keeping and maintenance, by the legal entities to which they belong, of the goods subject to requisition and to verify the accuracy of the data communicated by them. + Article 13 The goods are requisitioned on the basis of a surrender order issued by the military bodies provided in art. 8. By decisions of the Council of Ministers can be established other forms ordering the handover of goods belonging to socialist state organizations. + Article 14 The order for the handover of the requisitioned goods includes the name of the issuing military body and the beneficiary unit, the legal basis of the requisition, identification data of the good and the owner or its holder, as well as mentions about the way of requisition, the place and the term of teaching + Article 15 The surrender and receipt of the requisitioned good shall be made at the place and time indicated in the order of surrender. The surrender order shall be handed down by the delegate of the military centre or, as the case may be, of the militia body. Requisitioned goods surrender with minutes. If for the goods requisitioned in the situation provided for in art. 8 8 para. 3 3 it is not possible to prepare the minutes, the master of the beneficiary unit or subunit shall issue a proof. For the requisitioned goods that do not belong to the state socialist organizations, in the minutes or in the proof is passed the value of the good at the date of the requisition, with the indication of the legal basis of the prices Those who hold larger quantities of goods in the category of requisitionables must surrender, within the obligations set to them, those in the best state. In case of non-compliance with the provisions of para. 1 and 6 the requisition is forced, with the support of the militia organ in that locality. + Article 16 The Ministry of National Defence and the Ministry of Interior ensure record keeping in physical units of goods belonging to state socialist organizations, as well as physical and value records of goods belonging to other legal entities and individuals, requisitioned, according to the provisions of this law, available to these bodies. + Article 17 Requisitions of goods give the owner the right to compensation, established as shown in this law. No compensation shall be awarded for the wear and tear of the normal use of the requisitioned property. Damages caused to cultivable land that have been requisitioned give the right to compensation only in peacetime. For the buildings used in the neighborhood provided in art. 3 the rent is not paid during the state of necessity, partial or general mobilization or the state of war, whatever the duration of use of the buildings. In the other situations, the neighborhood gives the right to the collection of a rent, established according to the legal provisions, only after 30 days of use. + Article 18 In case of state of necessity, mobilization or state of war no compensation is paid for the requisitioned goods from the state socialist organizations. These organizations are exempt from shedding the depreciation rates related to the requisitioned fixed assets, for the duration as long as they were made available to authorized bodies. For goods belonging to socialist state organizations, requisitioned in other situations than those provided in par. 1, the Council of Ministers may order compensation or modification of economic plan indicators, as the case may be. + Article 19 The establishment of compensation for the requisitioned goods belonging to individuals, as well as to legal entities other than socialist state organizations, is as follows: a) for the time the goods that are part of the fixed funds and which are returned, other than buildings, according to the system of depreciation rates established according to the legal provisions, calculated for the time the good was requisition b) for goods requisitioned for the limited term, which for justified reasons can no longer be returned to those in law and there is no possibility of compensation in kind by granting in return another similar good, as well as for those definitively requisitioned, at the price of production, delivery or retail, as the case may be, in force on the date of requisition, taking into account the legal provisions in force, as well as the quality or state of wear of requisitioned goods; c) for buildings and land without crops or plantations, at the equivalent of the rent established according to the legal provisions. No compensation shall be awarded for non-productive land; d) for crops and plantations existing on requisitioned land, at the equivalent of the value of the production not realized by the owner, calculated at the purchase prices, from which the expenses that would have been necessary to obtain the harvest are decreased. In case of destruction of plantations, at the equivalent of the expenses necessary for their restoration; e) for the destroyed buildings, the compensation is established according to the legal provisions on the granting of compensation in case of expropriation of such goods. In the case of requisitioned goods for which there are no established prices, the assessment of compensation is made by the delegate of the beneficiary unit and that of the executive committee of the popular council in the locality where the requisition was carried out, by comparison with prices of similar products, taking into account the state of wear of goods at the time of requisition. + Article 20 During the requisition there are no taxes and fees for requisitioned goods. + Article 21 In the situations provided in art. 1, can be called for the provision of services any able-bodied persons aged from 16 years to 60 years men and from 16 years to 55 years old women. Some specialists like: doctors, engineers, subengineers, technicians, economists, pharmacists, nurses, can be called to provide services in their specialties and above the maximum age limit provided above. The presentation of individuals for the provision of services is made at the place and date indicated by the military bodies provided in art. 8 8, by written notices or other means of communication. The nominal notice shall be made, for employees or cooperative members, through the socialist organizations to which they belong; for the other persons, the notice shall be provided by the executive committees of the communal, city and city municipal, through the militia bodies of the respective localities. Written notices relating to the call of individuals for the provision of services, issued by military bodies, shall be made in the form of an individual or collective calling order, which includes the name of the issuing military body and the unit beneficiary, the legal basis of the call, the name, surname and domicile of the person called, the place where they must present themselves, as well as the term. The call for the provision of services shall also take into account the needs of the socialist units in which persons subject to such obligations work. The nominal establishment of employees and cooperative members called for service provision shall be made by the delegates of the beneficiary unit, agreeing with the heads of the socialist organizations in which the persons concerned work. Persons called for the provision of services are used, as far as possible, in relation to professional training, skills and localities where they have their domicile or residence. + Article 22 In time of mobilization or war persons called for services of military bodies provided in art. 8, in the interest of military units or institutions, enterprises and other socialist organizations, as well as the personnel of any socialist organization exercising its specialized duties in addition to military units in the area of operations, are subject, for any deviations deriving directly from the tasks entrusted to them, to the control, discipline and military jurisdiction. The persons referred to in the previous paragraph are considered soldiers mobilized in time of war, with the ranks of the military record, only in terms of the situation regulated in the previous paragraph. People who have not been taken into the military record are considered to have the rank of soldier. + Article 23 People called for services more than 10 days in a year are entitled to the payment of work performed, starting from the 11th day. These rights shall be calculated as follows: a) the employees and members of the handicraft cooperatives are entitled to the salary or, as the case may be, the tariff retribution of framing, as well as to the increase for uninterrupted seniority in the same unit had at work in the month preceding the call for provision of services; b) the members of the agricultural production cooperatives are entitled to a monthly allowance equal to the average income realized in the last 12 months, but not less than the minimum monthly income guaranteed according to the regulations in force; c) the members of the unions of creators and of the colleges of lawyers are entitled to the average monthly income calculated for a period of 12 months prior to the call for the provision of services; d) persons who do not fall under any of the provisions of lett. a)-c) have the right to pay the work performed, taking into account the quantity and quality of work, according to the legal norms. People called for services up to 10 days in a year are not remunerated. In case of illness or work accident, occurred during the provision of services, persons who do not have the status of employees or members of craft cooperatives benefit from medical assistance and medicines or pension benefits. disability, under the same conditions as employees. In the case of the provision of services in localities other than those where the persons domiciled or have their residence, the provision of transport, accommodation, as well as feeding shall be the responsibility of the beneficiary unit. The cost of food is borne by people who provide services, except for students, students and people called up to 10 days in a year. The period while the employee has provided services under this law shall be considered uninterrupted seniority in the same establishment. + Article 24 The amounts necessary to grant compensation for the requisitioned goods, as well as for the remuneration of the individuals who provided services, shall be borne from the funds provided for this purpose, their payment being made as follows: a) for the requisitioned goods, by the executive committees of the popular councils in the localities where the requisition was carried out, according to those established by the Ministry of Finance, no later than 3 months after the expiry date or termination cases which have determined the requisition with the exception of the amounts for the consumptible or perishable goods, which shall be paid on the date of their requisition or no later than one month after that date; b) for the services provided by the employees of the state socialist organizations, by the units in which they are assigned, and for the other persons, by the executive committees of the popular councils in the localities where they have the domicile, the data and compliance with the legal provisions regarding salaries. The amounts representing rents and amortizations shall be paid according to the legal provisions. + Article 25 On the fulfillment of the deadlines or the termination of the cases that determined the requisition the goods shall be returned to those from whom they were requisitioned, with minutes of restitution. The minutes of restitution shall be issued to the legal persons or individuals to whom the requisitioned goods belonged. + Article 26 The one dissatisfied with the amount of the compensation granted may bring action to the competent court or, as the case may be, to the State Arbitration, against the beneficiary unit of the requisition. Disputes in relation to the payment of the work of persons called for the provision of services are the competence of the court. The competent bodies to settle the disputes referred to in the preceding paragraphs shall be those whose territorial area is domiciled or the applicant's seat. Actions introduced within the term of the provisions 1 and 2, as well as the remedies exercised, are exempt from stamp duty. + Chapter 3 Requisition of goods and the call of individuals for provision of services in other situations + Article 27 In order to prevent or eliminate the consequences of natural calamities, epidemics, catastrophes or imminent dangers of a general nature, other than those provided for in art. 31 of the Law on the organization of production and labor in agriculture (Law no. 4/1970) The Council of Ministers and the executive committees of the county folk councils and the city of Bucharest may order the requisition of goods from those provided in art. 7 of this law and the call to the provision of services of individuals. For the implementation of the decisions of the local defence councils on the basis of art. 18 lit. c) of Law no. 14/1972 on the organization of the national defense of the Socialist Republic of Romania, in order to ensure the needs of the military units during the execution of the mobilization, the executive committees of the folk councils the provision of services to individuals. The goods necessary for the functioning of civil health formations that are constituted when declaring the general mobilization or the state of war can be requisitioned by the decisions of the executive committees of the county folk councils and the municipality Bucharest. + Article 28 For the situations provided in art. 27, in the decisions of the Council of Ministers or, as the case may be, in the decisions of the executive committees, the quantities of goods and the duration of the requisition, the requisition procedure and the call for the provision of services The notification about the presentation to the provision of services or the handing over of goods in these situations is made by the executive committees of the communal, city, municipal and sectors of Bucharest. + Article 29 The conditions under which the labor payment is made or compensation is granted for the requisitioned goods are those provided in art. 17, 18, 19, 20, 23 and 24 of this law. + Chapter 4 Exemptions from requisitions and service provision + Article 30 No requisition: a) objects for personal use and household household; b) vehicles with animal or mechanical traction belonging to invalids, war widows, minor orphans, as well as other persons, if these goods constitute their only means of existence; c) the parts of the buildings intended for the services of the state and public organizations, strictly necessary for their operation; d) goods belonging to churches or houses of prayers of any cult recognized by the state; e) museums; f) the quantities of cereals, vegetables and fruits necessary for the consumption of the owner and his family, according to the rules for the rationalization of consumption established by the legal provisions, the seeds necessary for the sowing, and the breeding animals codend animals; g) goods in the mobilization reserves constituted according to the legal provisions; h) goods belonging to diplomatic missions and foreign consular offices. + Article 31 They are exempt from the provision of services: a) persons without a total capacity of employment; b) persons partially deprived of their ability to work, if they do so unfit to carry out the activity for which they were called; c) pregnant women starting from the 5th month of pregnancy; d) persons who have in their care children, parents, brothers or sisters who are totally or partially deprived of their work capacity, when their presence is absolutely necessary; e) mothers who have children under the age of 8 years; f) employees of socialist organizations mobilized at work; g) staff of diplomatic missions and foreign consular offices. For the cases provided in lett. a), b), c) and d), the lack of capacity, namely the need for the presence near those in care, shall be established by the competent health bodies. + Chapter 5 Sanctions + Article 32 The unjustified refusal to provide the armed forces with the requisitioned legal goods, the evading from the fulfillment of these obligations or the non-declaration to the census of the goods subject to the requisition is punishable according to the criminal law + Article 33 Failure to present without justified reasons or the refusal of legal persons called to provide services constitutes in peacetime contraventions and is sanctioned with a fine of 1,000 to 5,000 lei. It also constitutes a contravention and is sanctioned with a fine of 300 to 1,000 lei non-communication at the request and within the deadline requested by the military bodies provided for in art. 10 of records on requisitioned goods. Sanctions provided for in par. 2 applies to employees who have the obligation according to their duties or are appointed by the management of socialist organizations to keep records of the goods subject to requisition. Provisions art. 25 25 and 26 of Law no. 32/1968 *) regarding the establishment and sanctioning of contraventions regarding the payment of half of the minimum fine are not applicable. Contraventions established in par. 1 shall be found by delegates namely empowered by the command of the unit that issued the calling order or the beneficiary unit; the contraventions established in par. 2 shall be found by officers empowered by the military bodies referred to in art. 10 10 of this law. The finding agent applies the fine. The complaint against the minutes of finding the contravention shall be settled by the commander who empowered the ascertaining agent or, as the case may be, the court in whose territorial area the contravention was enjoyed. If the facts provided in par. 1 and 2 are enjoyed during the state of necessity, mobilization or state of war, they are sanctioned with contravention imprisonment from one month to 6 months. When offenders are minors, the limits of the contravention prison sanction are reduced by half. + Article 34 In the cases provided in art. 33 33 para. 8, the minutes of finding shall be sent immediately to the court in whose territorial area the contravention was enjoyed. Art. 12-14 12-14, art. 15 15 para. 1 1, 2 and 4 and art. 16 16 of Decree no. 153/1970 ,, approved by Law no. 32/1970 , are applicable. During the execution of the contravention prison, those sanctioned are obliged to perform activities related to the needs provided in art. 3. If the offender is called for the performance of the military service before the judicial decision or before the start of the execution of the contravention of the contravention prison, the minutes or, as the case may be, the decision shall be send the commander of the military unit to which the offender belongs, to apply sanctions according to the regulation of the military discipline. + Article 35 Provisions art. 33 and 34 are completed with the provisions of Law no. 32/1968 * *) on the establishment and sanctioning of contraventions. + Article 36 Failure to fulfill the obligations provided by the decisions of the Council of Ministers or decisions of the executive committees of the popular councils given in the application of 27 27, except par. 2, constitutes contraventions and is sanctioned with a fine of 500 to 3,000 lei. These contraventions are found by mayors, as well as officers or subofficers of militia. The finding procedure, the remedies and the execution of sanctions for the contraventions established according to the previous paragraph are those provided by Law no. 32/1968 * *) on the establishment and sanctioning of contraventions. In case of non-fulfilment of the obligations provided by the decisions of the executive committees of the popular councils, given in 27 27 para. 2, proceed according to the provisions of art. 32 32-36 of this law. + Chapter 6 Final provisions + Article 37 The provisions of this law also apply to foreign natural or legal persons, domiciled or residing or based on the territory of the Socialist Republic of Romania, in so far as it has not been established otherwise by international agreements to which The Socialist Republic of Romania is part. + Article 38 The Minister of National Defence will determine how to execute the provisions of this law regarding the notification and organization of the surrender of goods that are requisitioned, by the socialist organizations. The powers of the militia bodies in connection with the provisions of this law shall be established jointly by the Minister of National Defence and the Minister of the Interior. + Article 39 This law comes into force on the date of publication in the Official Bulletin of the Socialist Republic of Romania. + Article 40 On the date of entry into force of this Law, Law no. 139 on the requisitions of 27 February 1940, as amended, shall be repealed. --------------------- Note * *) See note from p. 73. -----------------