Law No. 132 Of 15 July 1997 Concerning Requisitions For Goods And Services In The Public Interest

Original Language Title:  LEGE nr. 132 din 15 iulie 1997 privind rechiziţiile de bunuri şi prestările de servicii în interes public

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Law No. 132 of 15 July 1997 (republished) concerning requisitions for goods and services in the public interest) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 261 of 10 April 2014 _ _ Note *) Republished pursuant to art. 248 of the law nr. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 dated 12 November 2012, corrected in the Official Gazette of Romania, part I, no. 117 of 1 March 2013, with subsequent amendments, a new numbering dânduse texts.

Law No. 132/1997 was published in the Official Gazette of Romania, part I, no. 161 of 18 July 1997 and has been amended and supplemented by law No. 410/2004 for the modification and completion of the law #. 132/1997 concerning requisitions for goods and services in the public interest published in the Official Gazette of Romania, part I, no. 986 on 27 October 2004.


Chapter I General provisions Article 1-Rechiziţia of goods and provision of services are exceptional measure by which the public authorities empowered by law obliges the operators, public institutions, and other legal and physical persons in temporary leasing of movable or immovable property, under the present law.


Article 2 (1) rechiziţionate Goods are made available intended for national defense forces or the public authorities, with the Declaration of partial or total mobilization of the armed forces or the State of war, the establishment of a State of siege or emergency, both for the prevention, location, disaster relief, and during these situations.
  

(2) the Goods are perishable and consumptibile can be rechiziţionate Finally, the payment of compensation as provided by law.
  

(3) the citizens who can be called upon for service in the public interest, consisting in carrying out of works or activities in the situations described in paragraphs 3 and 4. 1. Article 3 goods and services Requisitions for services in the public interest are made for the purpose of solving): materials of all kinds, ensure the manpower and the necessary accommodations cartiruire or defence forces intended for public authorities, victims, refugees, the population affected by the consequences of war and prisoners of war;
  

b operation and economic operators) public institutions;
  

c) operation and exploitation of telecommunications systems and ways of communication.
  


Article 4 of the requisition goods and individuals calling for the provision of services in the public interest have thus: since the partial mobilization) or total, as well as to the State of war, by the Decree of Declaration issued by the President of Romania;
  

(b) the establishment of the State) the siege or emergency, by a decree on the establishment of the Romanian President delivered;
  

c) in the case of prevention, localisation and disaster relief, by decision of the Government or by order of the school prefects.
  


Article 5 (1) shall be: (a) may commandeer) vehicles with animal traction, auto, rail, air and inland waterway;
  

b) port facilities and berths;
  

c) systems, installations and equipment of the airfield, communications and telecommunications;
  

d) energy power supplies;
  

e) computers;
  

(f) technical and topographic) materials, printing, audiovisual, construction of railways;
  

g) fuel-lubricants, machinery and materials for the transportation and storage;
  

h) buildings;
  

I) land;
  

j) spare parts and materials for the maintenance and repair;
  

k) machinery and materials for repair shops;
  

l) articles of equipment, protection, Director, household and personal hygiene;
  

m) food and prepared, served, and transported food distributed;
  

n) livestock;
  

o);
  

p) technique, equipment and materials for health.
  

(2) in respect of goods referred to in paragraph (1) (a). a), h-f))) and n) requisition planning is carried out at an early stage of the peace plan, the requisitions of Bucharest.
  

(3) goods are rechiziţionate from the owners or their legal holders.
  

(4) goods rechiziţionabile will have the technical condition and quality required to be used for the purpose for which it is rechiziţionează.
  

(5) Once the property rechiziţionate and join related equipment, without which there can be used.
  

(6) no one may be compelled to give a good, if at the time the application is not in possession or in use.
  


Article 6 (1) requisition for goods and individuals calling for the provision of services in the public interest, in the cases provided for in this law, shall be made by the military in case of war or mobilization, as well as by the prefect, for preventing, locating and disaster relief.
  

(2) the requisition of ships, floating and port facilities is done by the Staff of the Naval Forces.
  

(3) the requisition aircraft, aerodrome facilities and State of the art is done by air force headquarters.
  

(4) In exceptional cases during wartime, any Commander of a military unit or subunit similar or superior to the battalion, which, in battle, acting independently, is authorized to determine the requisition of goods or calling individuals from providing services in the public interest, but by local public administration authorities and with its own guarantor.
  


Article 7 (1) establishing the necessary buildings for cartiruire or accommodation is made jointly by the local public administration authorities and representatives of the beneficiaries.
  

(2) Owners or keepers with any title you buildings are required to be placed at the disposal of the beneficiaries with facilities existing at the time rechiziţionării.
  


Article 8 (1) may be called upon for service in the public interest, able-bodied persons aged 16-60-year-old men and a 16-55 year old women.
  

(2) some specialists, like: doctors, engineers, technicians, economists, vîlcea, pharmacists, nurses, etc., may be called upon to provide services in their specialties and over age limit laid down in paragraph 1. (1) but not more than 65 years for men and 60 women. Over these limits, people can be called only at their request.
  


Chapter II rechiziţionabile property Records and individuals called for provision of services in the public interest to article 9 (1) the public authorities are required to ensure, within their areas of responsibility, conducting rechiziţiilor of goods and individuals calling for the provision of services in the public interest.
  

(2) to achieve the aim referred to in paragraph 1. (1) public authorities, together with other authorities empowered to take measures to: (a) the keeping of records of verification) the economic operators, public institutions and other legal persons owning of property rechiziţionabile;
  

b condition of) the verification of the means of transportation, shipbuilding, aircraft, construction equipment, port and airfield, rechiziţionabile;
  

c) checking for food, materials, fuels, lubricants, and other property rechiziţionabile, as determined by the plan de mobilization;
  

d) analysis of the labor force that can be called upon for service in the public interest, economic operators, public institutions, and in each place, for people not covered at work.
  


Article 10 (1) economic operators, public institutions and other legal persons shall keep records of goods rechiziţionabile they owned or in use, in accordance with the rules of law relating to their heritage property records.
  

(2) subject to requisition property Records, owned by individuals, local public administration authorities.
  

(3) local public administration authorities, legal entities and physical persons, owning or holding legal goods assigned requisitions plan, are required to communicate to the existing data, and their characteristics, to the satisfaction of the beneficiaries, i.e. the prefect, the military, the air force Chief of staff and Chief of the Naval Forces, as appropriate.
  

(4) changes in the recording and the status of the goods contained in the plan of requisitions approved shall notify the legal owners or keepers, half-yearly, the authorities referred to in paragraph 1. 3. Article 11 (1) the Government may order periodic census of certain categories of goods subject to requisition, establishing at the same time, the information and public authorities which may receive the result.
  

(2) owners and holders of legal goods subject to requisition are obliged to declare and, upon request, submit them to the Census commissions.
  

(3) the public authorities are obliged to participate in census operations.
  


Rechiziţiilor article 12 Beneficiaries are obliged to keep records of these goods in physical units and in terms of value.


Chapter III Making the requisition of goods and provision of services in the public interest to article 13 (1) the assets shall be rechiziţionează only by the order of teaching delivered by military authorities. 6 of this law.
  


(2) an order discharging the goods what rechiziţionează will contain the required name of the issuing authority and the military, the legal basis of the requisition, the identification details of the owner of the goods, or of the holder thereof, and particulars about the place and term of teaching.
  

(3) the order shall be given to teaching the owner or legal holder of the Center's delegate, of the local public administration authorities, the police or the beneficiary, as appropriate.
  


Article 14 the goods rechiziţionate ending a record, in addition to the particulars referred to in the order, condition and value of the goods at the date of the requisition.


Article 15 (1) aircraft, ships and port and airport facilities will be taken, together with the crews and staff who serve them, and the means of transportation and construction technique, with drivers and mechanics respectively.
  

(2) other than those referred to in paragraph 1. (1) that may be used only with qualified personnel, will be taken as well, along with staff that it serves.
  

(3) aircraft and vessels rechiziţionate, outside the national territory shall be obliged to return from the race in the shortest possible time.
  

(4) persons in situations referred to in paragraph 1. (1) and (2) are deemed to have raised or called for the provision of services in the public interest, under the present law.
  


Article 16 (1) a notice to individuals about the provision of services in the public interest to which they are called upon to do it by order of calls individually or collectively.
  

(2) the order of calls will feature, required: the name of the issuing authority and the military, the legal basis of the call, the surname, forename and domicile of the person called, the time and place of the hearing must be provided.
  

(3) the order of calls will be sent to employees at their place of employment and will teach the person concerned with the care of its head directly.
  

(4) for other individuals, the call will be forwarded by the local public administration authorities through police unit within which the person concerned is domiciled or resides.
  

(5) as a general rule, people called for the provision of services in the public interest will work as far as possible, in localities where they have their domicile or residence and in the field for which they are professionally prepared or have special skills.
  


Article 17 (1) during mobilization or in time of war, people called for the provision of services in the public interest are reservists are in the cash Centre, necuprinşi in outreach work, as well as people without military obligations.
  

(2) in the cases referred to in paragraph 1. (1) persons called for the provision of services in the public interest are subject to the regulations, the discipline and military jurisdiction.
  


Chapter IV Board of requisitions. Compensation. Refunds. Complaints article 18 (1) rechiziţionate Property Owners are entitled to compensation, as determined in accordance with the provisions of this law.
  

(2) the requisition period, owners or holders shall be exempt from taxes and duties in respect of goods, and rechiziţionate obligations arising from contracts legally entered into shall be suspended.
  


Article 19 in order to establish the quantities of goods rechiziţionabile, remedies, as well as for the settlement of disputes arising from the execution of the rechiziţiilor is set up and works: a Joint Committee of requisitions);
  

the Central b) Requisitions.
  


Article 20 (1) Joint Committee of requisitions from the county or the municipality of Bucharest, where applicable, is made up of: a) the prefect of Bucharest County times-President;
  

(b) the military commander of the Centre County), respectively the commanders of military centers of the sectors of Bucharest, where appropriate;
  

(c) staff representative) air force or, as the case may be, of the Chief of Naval Forces;
  

d) gendarme Inspectorate representative or County Department of Police of the municipality of Bucharest;
  

e) County Police Inspectorate representative or the General Directorate of Bucharest police;
  

f) head of bin Prefecture;
  

(g) the Directorate General for regional representative) to finance public-specialist in pricing and valuations of property;
  

Head Office) mobilization of national economy and preparing the territory for defence;
  

I) Director of the Office of the register of Commerce, Bucharest;
  

the County Council representative);
  

k) the President of Chamber of Commerce and industry of the county or municipality of Bucharest;
  

l) representative of the territorial structure for emergency situations.
  

(2) in the work of the Joint Commission of requisitions can be invited representatives of public institutions that contribute to the preparation and implementation of rechiziţiilor of goods and provision of services in the public interest.
  


Article 21 (1) Commissions. 19 lit. to be convened by the President of) their half yearly or whenever necessary.
  

(2) joint committees of requisitions shall determine the quantities of goods which can be rechiziţionate on settlements, economic operators, public institutions and other legal persons in order to achieve fully the aims referred to in article 1. 3. (3) of the joint committees on an annual basis, propose price limits for requisitions main consumptibile rechiziţionabile goods, which it shall submit to the Central Commission of Requisitions.
  

(4) decisions of the commissions are mandatory for all natural and legal persons referred to in this law shall be brought to fruition by the local public authorities, economic operators, public institutions and other legal entities, the notice of the authorities empowered to carry out requisitions.
  


Article 22 the central organ training Requisitions, and execution of rechiziţiilor, from Government, is composed of: the head of the National Administration) State reserves and special issues-President;
  

b) 4 representatives of the Ministry of national defence;
  

c) 2 representatives of the Ministry of Internal Affairs;
  

d) a representative of the Ministry of Justice;
  

e) 2 representatives of the Ministry of public finance;
  

f) a representative of the National Institute of statistics;
  

g) general manager of the national trade register Office;
  

h) a representative of the National Bank of Romania;
  

I) one representative from ministries that were established by decision of the Government.
  


Article 23 (1) the Commission shall be convened by the Central Requisitions annually or whenever necessary, its President.
  

(2) the Central Requisitions, based on proposals from the committees of mixed prices of requisitions, carried out under art. 21. (3), establishes the prices of major goods consumptibile required payment of funds used for the estimation of damages them.
  

(3) the prices laid down by the central examining Requisitions shall be published in the Official Gazette of Romania, part I.
  

(4) the Central analyzes and resolves disputes over the Requisitions to the decisions of the mixed commissions requisitions.
  

(5) decisions of the Central Commission of Requisitions shall be run by the national administration of State reserves and special issues, through joint committees of requisitions.
  


Article 24 (1) compensation for goods neconsumptibile rechiziţionate shall be paid as follows: rent), whose calculation method is determined by the Government;
  

b) by providing the difference in value, assets shall be released with major degradation;
  

c) by giving a good like or by paying the value of the asset as determined in the light of the technical condition and the degree of wear at the time rechiziţionării, where, for objective reasons, it can not be returned.
  

(2) Compensation shall be paid for the goods by paying consumptibile to the market price at the time of the takeover, as detailed in exceptional circumstances by the Government, according to the law.
  

(3) the assessment of the damages of the goods covered by paragraph 1. (1) (a). b) and (c)) shall be made by a Committee of experts which includes representatives of the grantee, you and the owner or holder of the prefect, as appropriate, of good commandeered.
  

(4) the amount of compensation at the level of administrative territorial units shall be endorsed by the Joint Commission of requisitions.
  

(5) organizing framework, Methodology and criteria for the assessment of damages by category of goods, shall be determined by decision of the Government.
  


Article 25 (1) payment for the provision of services in the public interest are made in cash, based on the payment made by States receiving unit, at the end of each month or upon completion of service, though they lasted less than a month.
  

(2) in the event of sickness or industrial accident, occurred during the provision of services in the public interest, called the healthcare and benefits from medications or disability benefits, as well as AIDS covered by the State social insurance system, as provided for employees of the same specialty. In the event of mobilization or war, such persons shall enjoy the rights as provided for the military.
  


(3) in the case of the provision of services in the public interest, other than those in which they reside or reside people called, transport costs, accommodation and food shall be borne by the beneficiary units.
  

(4) payment of the provision of services in the public interest during mobilization or war shall be carried out at the level established by the pay system for civilian employees from public institutions with attributions in the field of defence, national security and public order, in accordance with the law.
  

(5) payment of the provision of services in the public interest, carried out for the purpose of prevention, localisation and elimination of some disasters, shall be carried out at the level established by the pay system in budgetary sector of contract staff in accordance with the law.
  


Article 26 Payment of damages for goods rechiziţionate and for the provision of services in the public interest to do so: (a) beneficiaries) of the ministries and other public authorities for the benefit of whom have conducted requisitions or provision of services in the public interest, funds with this destination made available from the State budget or from other funds constituted according to the law in the case of a State of war, mobilisation, siege or emergency;
  

b) by the public authorities, from the local budgets, or from the State budget, for preventing, locating and disaster relief.
  


Article 27 (1) liquidation of the protocols of the requisition is made during and through arrangements for payment are determined by decision of the Government.
  

(2) failure to submit the minutes of requisition to liquidation, within three years of its publication in the Official Gazette of the date of commencement of payment, therefore the loss of the right to compensation for goods rechiziţionate.
  

(3) Appeals or complaints made after this deadline shall be deemed to be prescribed.
  

(4) In case of loss of the protocols of the requisition, the Commission may decide on the central issue of Requisitions a duplicate only after declaring the cancellation thereof in the Official Gazette of Romania.
  


Article 28 The fulfillment of deadlines or upon the termination of the causes that gave rise to rechiziţia, the goods shall be returned to those who have been rechiziţionate, with proceedings for repayment.


Article 29 (1) Appeals relating to prices, the value of the rechiziţionate property claims recorded in official documents and the manner of payment thereof shall be addressed to the Joint Committee of requisitions, not later than 90 days from the date of conclusion of the minutes of the refund.
  

(2) the decisions of the Joint Committee of requisitions can be challenged within 90 days of its receipt at the Central Requisitions, which in the case of acceptance of the appeal in its judgment, the price to be paid.
  

(3) Commission decision of Requisitions may be contested in court, not later than 30 days after its receipt.
  

(4) the time limit referred to in paragraph 1. (3) the period of revocation.
  


Chapter V exemption requisitions of goods and provision of services in the public interest Article 30 shall be rechiziţionării the following categories of goods: the goods for personal use) and household housewife;
  

b) personal property necessary to exercise the profession or occupation, through which its existence;
  

(c) animal traction vehicles) or mechanical belonging to invalids, war widows and orphans who are minors;
  

d) parts of buildings strictly necessary occupants;
  

e) buildings of special schools and prison labor and re-education;
  

f) goods houses and dormitories for the children, the disabled and the elderly;
  

g) cultural heritage goods-national or international;
  

h) goods belong to churches, monasteries or houses of prayer of denominations or religious associations recognized by the State, necessary for the performance of the cult, as well as housing the monks;
  

I) the quantities of cereals, foodstuffs, fruit and vegetable consumption and required the owner of his family, the necessary seeds, as well as artifical insemination breeding animals and animals Queen Bee;
  

j) goods contained in national material reserves and reserve mobilization, constituted according to the laws;
  

k) the assets of the diplomatic missions and consular posts;
  

l) assets belonging to legal entities and physical persons, domiciled or residing or established in the territory of Romania, who, through international agreements, are exempt from requisitions;
  

m) animal health pharmaceutical materials necessary for treatment of chronically, showing evidence of this situation.
  


Article 31 (1) shall be exempted from providing services in the public interest: the worthless people total) capacity for work;
  

b) persons lacking capacity partly work, if it makes them unfit for activities that were called;
  

c) pregnant women, starting in 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) people who care in children under the age of 8 years;
  

f) people deployed in the workplace;
  

g) persons belonging to diplomatic missions or consular posts, from accredited in Romania, as well as other foreign persons exempted by virtue of international agreements to which Romania is a party.
  

(2) the circumstances referred to in paragraph 1. (1) (a). a), b), c) and (d)) shall be certified by the competent public health bodies.
  


Chapter VI Sanctions Article 32 refusal to make available goods legally rechiziţionate, evading the fulfilment of these obligations in the Census of times non-subject goods rechiziţionării is punishable according to the criminal law.


Article 33 (1) the following acts constitute offences: failure by the) individuals and legal entities, on request and within the time limit required by the public authorities involved, record data concerning goods rechiziţionabile, as well as changes in their records;
  

b unjustified absence or refusal) of individuals legally called upon to provide services in the public interest in preventing, locating and disaster relief.
  

(2) the Offences referred to in paragraph 1. (1) shall be imposed with a fine from 500 to 5,000 lei lei to individuals, i.e. from 7,500 to 25,000 lei lei for legal entities.
  

(3) the finding of violations under paragraph 1. (1) and sanctions are carried out by persons authorized by the Chairman of the Central Commission of Requisitions.
  

(4) the Offender may pay on the spot or within a maximum period of 48 hours from the date of conclusion of the times report, if applicable, from the date of its communication, one half of the minimum fine provided for in paragraph 1. (2) the claim agent making mention of this possibility in the minutes.
  

(5) the provisions relating to the offences referred to in this article shall be supplemented by the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
  


Article 34 (1) the acts referred to in article 1. 33 para. (1) (a). He committed during), State of emergency, siege, war, mobilization or constitute criminal offences and are punishable by imprisonment from one month to one year or with a fine.
  

(2) the acts specified in article 1. 33 para. (1) (a). b), committed during a State of emergency, constitute criminal offences and are punishable by imprisonment from 3 months to 2 years or by a fine.
  


Chapter VII transitional and final Provisions Article 35 duration of the quantities of goods and the requisition procedure rechiziţionării and calling for the provision of services in the public interest, to ensure the prevention, location, and disaster relief, to be determined by decision of the Government or, as the case may be, by order of the school prefects.


Article 36 of the General Staff and the national administration of State reserves and special issues are authorized to check periodically how keeping the record-keeping and maintenance of the asset covered by the requisition by the operators, public institutions and other legal entities, as well as to verify the accuracy of the data reported by their owners or holders. They are also authorized to monitor periodically maintenance mode and technical condition of assets subject to requisition belonging to individuals.


Article 37 of this law, the Provisions relating to notification and organization of teaching rechiziţionează, goods which are implemented by the Ministry of national defense or the local public authorities, as appropriate.


Article 38 (1) the present law *) comes into force 90 days after its publication in the Official Gazette of Romania, part I.
  

_ _ _ _ _ _ _ _ _ _ *) Note law. 132/1997 was published in the Official Gazette of Romania, part I, no. 161 of 18 July 1997.

(2) within 60 days of publication, the Government will issue guidelines *) on the application of this law, which will be published in the Official Gazette of Romania.
  

_ _ _ _ _ _ _ * Note *) see Judgment No. 219/2005 approving the methodological Norms for the application of law No. 132/1997 concerning requisitions for goods and services in the public interest published in the Official Gazette of Romania, part I, no. 302 of 11 April 2005.


(3) the date of entry into force of the present law, law No. 10/1974 concerning requisitions, published in the Official Gazette, part I, no. 54 on 6 April 1974, and any other provisions to the contrary are hereby repealed.
  

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