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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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LEGE no. 132 132 of 15 July 1997 (* republished *) on requisitions of goods and services in the public interest *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 261 261 of 10 April 2014



________ Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, corrected in the Official Gazette of Romania, Part I, no. 117 of 1 March 2013, as amended, had a new numbering. Law no. 132/1997 was published in the Official Gazette of Romania, Part I, no. 161 161 of 18 July 1997 and has been amended and supplemented by Law no. 410/2004 to amend and supplement Law no. 132/1997 on the requisitions of goods and services in the public interest, published in the Official Gazette of Romania, Part I, no. 986 986 of 27 October 2004. + Chapter I General provisions + Article 1 The requisition of goods and services represents the exceptional measure by which the public authorities empowered by law bind economic operators, public institutions, as well as other legal and natural persons to the disposal of temporary of movable or immovable property, under the conditions of this law. + Article 2 (1) The requisitioned goods shall be made available to the national defence forces or to the public authorities, to the declaration of partial or total mobilization of the armed forces or the state of war, to the establishment of the curfew or emergency, both to prevent, locate, remove the consequences of disasters and during these situations. (2) The consumptible and perishable goods may be permanently requisitioned, with the payment of the compensation provided by law. (3) Work-able citizens can be called for services in the public interest, consisting in carrying out some works or carrying out activities in the situations provided in par. ((1). + Article 3 Requisitions of goods and services in the public interest shall be made for the purpose of: a) solving material problems of any kind, working hand and neighborhood insurance or accommodation necessary for defense forces, public authorities, flood victims, refugees, population affected by the consequences of war and prisoners of war; b) officials of economic operators and public institutions; c) the operation and operation of telecommunication systems and communication routes. + Article 4 The requisition of goods and the call of individuals for services in the public interest are available as follows: a) to declare partial or total mobilization, as well as the state of war, by the declaration of declaration issued by the President of Romania; b) at the establishment of the curfew or emergency, by the decree establishing issued by the President of Romania; c) in case of prevention, localization and removal of consequences of disasters, by decision of the Government or by orders of the prefects. + Article 5 (1) You may requisition: a) means of transport with animal, car, rail, air and naval traction; b) port facilities and berths; c) systems, installations and technique of aerodrome, communications and telecommunications; d) energy supply sources; e) calculation technique; f) technical and topographic, printing, audiovisual, construction and railway materials; g) fuel-lubricants, machinery and materials for their transport and storage; h) buildings; i) land; j) spare parts and materials for maintenance and repair; k) machinery and materials for equipping repair shops; l) equipment, protective, directing, household and personal hygiene items; m) food and materials for preparation, served, distributed and transported food; n) animals; o) feed; p) technique, equipment and veterinary materials. (2) For the goods referred to in par. ((1) lit. a)-f), h), i) and n) the planning of the requisition is carried out from time of peace through the county requisitions plan, respectively of the city of Bucharest (3) Goods are requisitioned from their legal owners or holders. (4) The requisitionable goods will have the technical and quality condition necessary to use them for the purpose for which they are requisitioned. (5) With the requisitioned goods, the related equipment is also taught, without which it cannot be used. (6) No one may be obliged to give a good, if at the time of the application he does not have it in possession or in legal use. + Article 6 (1) The recall of the goods and the call of natural persons for the provision of services in the public interest, in the situations provided by this law, shall be made by the military centers, in case of mobilization or war, as well as by the prefect, for preventing, locating and removing the consequences of disasters. ((2) Requisition of ships, floating and port means shall be made by the General Staff of the Naval Forces. ((3) The repurchase of aerodrome aircraft, installations and technique shall be made by the Air Force Staff. (4) Exceptionally, in times of war, any subunit commander or military unit similar or superior to the battalion, which, in combat, acts independently, is authorized to decide requisition of goods or the call of persons to provide services in the public interest, only through the local public administration authorities and with the assumption of their own responsibility. + Article 7 (1) The establishment of the buildings necessary for the neighborhood or accommodation is done, jointly, by the local public administration authorities and by the representatives of the beneficiaries. (2) The owners or holders with any title of the buildings are obliged to make them available to the beneficiaries with the utilities existing at the time of requisition. + Article 8 (1) Persons able-bodied, aged 16-60 men and 16-55 years old women may be called for services in the public interest. (2) Some specialists, as: doctors, engineers, subengineers, technicians, economists, pharmacists, nurses, etc., can be called to provide services in their specialties and above the maximum age limit provided in par. (1), but not more than 65 years old men and 60 years women. Over these limits, persons can only be called upon their request. + Chapter II Records of requisitionable goods and individuals called for services in the public interest + Article 9 (1) The authorities of the public administration are obliged to ensure, within their range of activity, the making of supplies of goods and the call of persons for services in the public interest. (2) In order to achieve the purpose provided in par (1), public authorities together with the other authorities empowered shall take measures to: a) verification of the young records by economic operators, public institutions and other legal entities holding the requisitionable goods; b) verification of the technical condition of the means of car, naval, air transport, construction, port and aerodrome technique, requisitionables; c) verification of the existence of materials, food, fuel, lubricants, as well as other requisitionable goods, established by the mobilization plan; d) analysis of the workforce that can be called for services in the public interest, from economic operators, public institutions, as well as from each locality, for people not employed. + Article 10 (1) Economic operators, public institutions and other legal entities shall keep records of the requisitionable goods they have in the property or in legal use, according to the rules provided by law on the record of assets of their patrimony. (2) The records of goods subject to requisition, owned by individuals, shall be held by the local public administration authorities. (3) Local public administration authorities, legal and natural persons, owners or legal holders of goods distributed by the requisition plan, are obliged to communicate data on their existence, state and characteristics, at the request of the beneficiaries, namely the prefect, the military center, the Air Force Staff and the Naval Staff, as the case may be. (4) The changes in the record and in the state of the goods contained in the approved requisition plan shall be communicated by the owners or legal holders, semi-annually, to the authorities provided in par. ((3). + Article 11 (1) The government may periodically order the census of certain categories of goods subject to requisition, while establishing the period, information and public authorities to which the result is communicated. (2) The owners and legal holders of the goods subject to the requisition are obliged to declare them and, upon request, to submit them to the census commissions. (3) Public administration authorities shall be obliged to participate in the census operations. + Article 12 The beneficiaries of requisitions are obliged to keep records of these goods in physical and value units. + Chapter III Making the requisition of goods and services in the public interest + Article 13 (1) Goods shall be requisitioned only on the basis of the teaching order issued by the military authorities provided for in art. 6 6 of this law. (2) The order for the surrender of the goods to be requisitioned shall include, compulsory, the name of the issuing military authority and the beneficiary unit, the legal basis of the requisition, the identification data of the goods, the owner or the holder they, as well as the mentions of the place and the term of handing over (3) The teaching order shall be handed to the owner or to the legal holder by the delegate of the military center, the local public administration authorities, the police or the beneficiary unit, as the case may be. + Article 14 When handing over the requisitioned goods, a minutes in which they are entered, in addition to the identification data, mentioned in the handover order, state and value of the goods at the time of requisition + Article 15 (1) Aeronavele, airport and port vessels and installations will be taken over, together with the crews and staff serving them, and the means of car transport and construction technique, with drivers and conductors mechanics, respectively. (2) Other goods than those provided in par. ((1), which can only be used with qualified personnel, will also be taken together with the staff serving them. ((3) Airships and requisitioned vessels outside the national territory shall be required to return from the race as soon as possible. (4) Persons in the situations referred to in par. ((1) and (2) are considered mobilized or called for services in the public interest, under the conditions of this law. + Article 16 (1) The notification of individuals about the provision of services in the public interest to which they are called shall be made by an individual or collective calling order. (2) The order of appeal shall include, obligatory: the name of the issuing military authority and the beneficiary unit, the legal basis of the call, the name, surname and domicile of the person called, the term and place where they must present themselves. (3) The order of calling of the employees shall be sent to their place of work and shall be handed over to the one concerned by the care of his direct ruler. (4) For the other natural persons, the call will be sent by the local public administration authorities, through the police unit within which the person concerned domiciles or has his residence. (5) As a rule, persons called for services in the public interest will work, as far as possible, in the localities where they have their domicile or residence and in the field for which they are professionally trained or have special skills. + Article 17 (1) During the mobilization or during the war, persons called for services in the public interest are reservists in the availability of the military center, not caught in the work of mobilization at work, as well as persons without military obligations. (2) In the situations provided in par. (1), persons called for services in the public interest are subject to regulations, discipline and military jurisdiction. + Chapter IV Commission of requisitions. Compensation. Refunds. Appeals + Article 18 (1) The owners of the requisitioned goods are entitled to compensation, established in accordance with the provisions of the (2) Also, during the requisition period, the owners or holders are exempt from taxes and payment of taxes for requisitioned goods, and the obligations arising from the legally concluded contracts are suspended. + Article 19 In order to establish the quantities of requisitionable goods, compensation, as well as for the settlement of disputes arising from the execution of requisitions shall be established and operated: a) mixed commissions of requisitions; b) Central Requisition Commission. + Article 20 (1) The joint commission of requisitions at the level of the county or Bucharest municipality, as the case may be, is composed of a) the prefect of the county or of Bucharest-president; b) the commander of the county military center, respectively the commanders of the military centers of the sectors of Bucharest, as c) the representative of the Air Force Staff or, as the case may be, the General Staff of the Naval Forces; d) the representative of the county gendarmes inspectorate or the General Directorate of Gendarmes of Bucharest Municipality; e) the representative of the county police inspectorate or of the General Police Department of Bucharest; f) the head of the legal department of the prefecture; g) representative of the regional general directorate of public finances-specialist in prices and assessments of goods; h) the head of the national economy mobilization office and the preparation of the territory for defence; i) the director of the county trade register office, respectively of the city of Bucharest; j) county council representative; k) president of the chamber of commerce and industry of the county or city of Bucharest; l) representative of the territorial structure for emergency situations. (2) The representatives of public institutions competing in the preparation and realization of supplies of goods and services in the public interest may be invited to the works of the joint commission of requisitions. + Article 21 (1) The commissions provided for in art. 19 lit. a) shall be convened by their chairperson on a semi-annual basis or whenever necessary. (2) The mixed commissions of requisitions establish the quantities of goods that can be requisitioned by localities, economic operators, public institutions and other legal entities, in order to fully realize the purposes provided in art. 3. (3) Annually, the joint committees of requisitions propose the price limits for the main requisitionable consumptible goods, which they submit to the Central Requisition Commission. (4) The decisions of the commissions shall be binding on all natural and legal persons provided for in this Law and shall be carried out by the local public administration authorities, economic operators, public institutions and other persons legal, when notifying the authorities empowered to carry out requisitions. + Article 22 The Central Commission of Requisites, an organ of preparation and execution of requisitions, subordinated to the Government, is composed of: a) the head of the National Administration of 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) Director General of the National Trade Register Office; h) a representative of the National Bank of Romania; i) one representative from the ministries established by Government decision. + Article 23 (. The Central Requisites Commission shall convene annually or whenever necessary, by its chairman. (2) The Central Commission of Requisites, based on the proposals of the price limits of the mixed commissions of requisitions, made according to art. 21 21 para. ((3), establishes the prices of the main consumptible goods necessary to estimate the funds used to pay their compensation. (3) The prices set by the Central Requisition Commission shall be published in the Official Gazette of Romania, Part I. (4) The Central Commission of Requisites shall analyse and resolve the challenges to the decisions of the joint committees of requisitions. (5) The decisions of the Central Commission of Requisites shall be executed by the National Administration of State Reserves and Special Issues, through the joint committees of requisitions. + Article 24 ((1) The compensation for the requisitioned non-sumptible goods shall be granted as follows: a) by rent, the way of calculation is determined by Government decision; b) by granting the corresponding value difference, for goods that are returned with major degradations; c) by granting a similar good or by paying the value of the property, established according to the technical condition and the degree of attrition at the time of requisition, if, for objective reasons, it can no longer be returned. (2) The compensation for the consumptible goods is granted by paying at the market price at the time of taking over, according to the measures ordered in exceptional circumstances by the Government, according to the law. (3) Assessment of the damage to the goods referred to in ((1) lit. b) and c) shall be made by a commission of experts from which representatives of the beneficiary, the prefect and the owner or the legal holder, as the case may be, of the good requisitioned. (4) The amount of compensation at the level of administrative-territorial units shall be compulsorily endorsed by the joint commission of requisitions. (5) The methodology, the organization framework and the criteria for the assessment of compensation, by categories of goods, shall be established by Government decision. + Article 25 ((1) The payment for the provision of services in the public interest shall be made in cash, on the basis of the payment states prepared by the beneficiary unit, at each end of the month or after the service, if they have lasted less than a month. (2) In the event of illness or accident of work, occurred during the provision of services in the public interest, the persons called shall receive medical assistance and medicines or invalidity pensions, as well as aid in the insurance framework state social, under the conditions provided for employees of the same specialty. In case of mobilization or war, those persons benefit from these rights under the conditions provided for the military. (3) In the case of the provision of services in the public interest, in localities other than those where the persons domiciled or have their residence, the expenses of transport, accommodation and food shall be borne by the beneficiary units. ((4) The payment of services in the public interest during the mobilization or during the war is carried out at the level established by the salary system for civil employees in public institutions with attributions in the field of defense, safety national and public order, under the law. ((5) The payment of services in the public interest, carried out in order to prevent, locate and eliminate disasters, shall be carried out at the level established by the salary system of the contract staff in the budgetary sector, under the conditions Law. + Article 26 The payment of compensation for requisitioned goods and for the provision of services in the public interest is made by the beneficiaries, as follows: a) by the ministries and other public authorities for the benefit of which the requisitions or the provision of services in the public interest were carried out, from the funds with this destination made available from the state budget or from other funds constituted according to the law, in the case of the state of war, mobilization, siege or emergency; b) by the public administration authorities, local budgets or the state budget, to prevent, locate and eliminate the consequences of disasters. + Article 27 (1) The liquidation of the minutes of requisition is made during and through the payment methods established by Government decision. (2) The failure to submit the minutes of requisition to liquidation, within 3 years from the publication in the Official Gazette of Romania of the date of the start of payment, has as a result the loss of the right to compensation, for the requisitioned (3) Appeals or complaints made after this term shall be considered as prescribed. (4) In case of loss of requisition minutes, the Central Requisites Commission may decide to issue a duplicate only after declaring their cancellation in the Official Gazette of Romania. + Article 28 At the end of the deadlines or at the end of the cases that determined the requisition, the goods shall be returned to those from whom they were requisitioned, with minutes of restitution. + Article 29 (1) Appeals regarding the prices charged, the amount of compensation of the requisitioned goods entered in the official documents and the manner of payment thereof shall be addressed to the joint commission of requisitions, no later than 90 days from the date of conclusion the minutes of the refund. (2) The decisions of the joint committee of requisitions can be challenged, no later than 90 days after their receipt, at the Central Commission of Requisites, which, in case of admission of the appeal in the delivered decision, fixes the price to be paid. (3) The decision of the Central Commission of Requisites may be brought to justice within 30 days of its receipt. (4) The term provided in par. (3) is the term of revocation. + Chapter V Exemptions for supplies of goods and services in the public interest + Article 30 The following categories of goods shall not be requisitioned: a) objects for personal use and household household; b) personal property strictly necessary for the exercise of the profession or occupation, whereby that person ensures their existence; c) vehicles with animal or mechanical traction belonging to invalids, war widows and minor orphans; d) parts of buildings strictly necessary for occupants; e) prison buildings and special schools of work and re-education; f) goods of houses and homes of children, handicapped and old; g) goods of cultural-national or international heritage; h) goods belonging to churches, monasteries or houses of prayers of cults or religious associations, recognized by the state, necessary for the exercise of the cult, as well as the dwellings of monks; i) the quantities of cereals, foodstuffs, vegetables and fruits necessary for the consumption of the owner and his family, the seeds necessary for sowing and breeding animals and the animals of the codend; j) goods in national material reserves and in the mobilization reserve, constituted according to the legal provisions; k) goods of diplomatic missions and foreign consular offices; l) goods belonging to foreign legal and natural persons, domiciled or residing or based on the territory of Romania, which, through international agreements, are exempted from requisitions; m) sanitary-pharmaceutical materials necessary for the treatment of chronic patients, who prove this situation. + Article 31 (1) They are exempt from services in the public interest: a) persons without a total capacity of employment; b) persons partially deprived of their ability to work, if it makes them 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, totally or partially deprived of their work capacity, when their presence is absolutely necessary; e) persons who have in care children under the age of 8 years; f) persons mobilized at work; g) persons belonging to diplomatic missions or consular offices, accredited in Romania, as well as other foreign persons exempt by virtue of international agreements to which Romania is a party. (2) The situations provided in par. ((1) lit. a), b), c) and d) shall be certified by the competent health bodies. + Chapter VI Sanctions + Article 32 The refusal to provide the requisitioned legal goods, the evading from the fulfillment of these obligations or the non-declaration to the census of the goods subject to requisition is punishable according to the criminal law. + Article 33 (1) The following facts constitute contraventions: a) the non-communication by natural and legal persons, at the request and at the time requested by the authorities of the public administration concerned, of the records on requisitionable goods, as well as of the changes in their records; b) unjustified absence or refusal of legal persons called to provide services in the public interest to prevent, locate and eliminate the consequences of disasters. (2) Contraventions provided in par. (1) is sanctioned with a fine of 500 lei to 5,000 lei, for individuals, respectively from 7,500 lei to 25,000 lei, for legal entities. (3) Finding the contraventions provided in par. ((1) and the application of sanctions shall be made by the persons empowered by the chairman of the Central Commission of Requisites ((4) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes, or, as the case may be, from the date of its communication, half of the minimum fine provided in par. (2), the finding agent making mention of this possibility in the minutes. (5) The provisions on the contraventions provided for in this Article shall be supplemented by Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 34 (1) The facts provided for in art. 33 33 para. ((1) lit. a), committed during the curfew, emergency, mobilization or war, constitute crimes and are punishable by imprisonment from one month to one year or with a fine. ((2) The facts provided for in art. 33 33 para. ((1) lit. b), committed during the state of emergency, constitute crimes and are punishable by imprisonment from 3 months to 2 years or with a fine. + Chapter VII Transitional and final provisions + Article 35 The quantities of goods and the duration of the requisition, the procedure of requisitioning and the call for services in the public interest, in order to prevent, locate and remove the consequences of disasters, shall be determined by decision of the Government or, where appropriate, by order of the prefects. + Article 36 The General Staff and the National Administration of State Reserves and Special Issues are authorized to regularly control the manner of young record and maintenance of goods subject to requisition, by economic operators, institutions public, as well as by the other legal entities, as well as to verify the accuracy of the data communicated by the owners or their holders. They are also authorized to control, periodically, the maintenance and technical condition of the goods subject to requisition, which belong to individuals. + Article 37 The provisions of this law, regarding the notification and organization of the surrender of the goods that are requisitioned, are implemented by the Ministry of National Defence or by the local public authorities, as the case may be. + Article 38 (1) The present law *) shall enter into force 90 days after its publication in the Official Gazette of Romania, Part I. __________ Note * *) Law no. 132/1997 was published in the Official Gazette of Romania, Part I, no. 161 161 of 18 July 1997. (2) Within 60 days of publication, the Government will issue methodological norms * *) on the application of this law, which will be published in the Official Gazette of Romania. _________ Note ** **) See Government Decision no. 219/2005 for the approval of the Methodological Norms Law no. 132/1997 on the requisitions of goods and services in the public interest, published in the Official Gazette of Romania, Part I, no. 302 302 of 11 April 2005. (3) On the date of entry into force of this Law, Law no. 10/1974 on requisitions, published in the Official Bulletin, Part I, no. 54 54 of 6 April 1974 and any other provisions to the contrary shall be repealed. _________