Law No. 170 Of 28 March 1944 On The Organization And Execution Of The Benefit In The Nature For Roads

Original Language Title:  LEGE nr. 170 din 28 martie 1944 privind organizarea şi executarea prestaţiei în natura pentru drumuri

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Law No. 170 of 28 March 1944 on the Organization and execution of the benefit in the nature for PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 75 of 29 March 1944 on the basis of dispoziţiunilor decrees-laws No. 3,052 Septemvrie 5 and no. 7 Septemvrie 3,072 1940, having regard to the report of Mr. Minister State Secretary at the Interior Department, with no. 110,438 of 22 March 1944, decretam next I decreed and Decree-Law: Article 1 the nature of the Benefit is aimed at restoring and maintaining communal roads and only in exceptional cases other works as provided by law.
It is organized and run in each fiscal year under the provisions of this law.
How it was organized and executed performance, meet Mayor of question.

Article 2 Benefit is executed: a) with arms;

b) means of transport.

Performance with arms is executed by all the inhabitants of the country's men, who do not possess the means of transport in the age 21 to 60 years from the presence of age irrespective of citizenship.
Performance by means of transport is executed by all the inhabitants of the country: men and women without distinction of nationality, owners of means of transport;
Legal persons operating for profit, as well as those who use public transportation in their enterprises.

Article 3 Are exempt from the benefit in kind, with arms and with public transport: war invalids, war widows, ajutorii village mayor; nuns of any Rite; disabled unable to work; members of the diplomatic and consular Corps, the alien; foreigners coming into the country in military or diplomatic mission, foreigners, citizens of States with which Romania has concluded the convenţiuni setting or other agreements, including most-favoured-nation clause in matters of establishment and foreigners who have resided in the country for less than 6 months.
Are exempt only benefit with your arms; active military, Romanian troops active in the term, premilitari instructors.
Service providers with arms that were mobilized or focus dela 3 months up to 6 months, during the same fiscal year, run performance reduced to half; service providers mobilize or focus more than 6 months are exempt from benefit with arms on this exercise.
Throughout the war and until the passage of the army on a peace, is exempt from the benefit for roads with arms, staff workers, skilled and unskilled workers, mobilize for work or rechizitionati, who works for the army endowment of militaristic State, if the amount is less than the monthly salary of lei 8,000.

Article 4 Benefit in nature is executed in the municipality in which the provider is domiciled.
The performance is as follows: nature of service providers who do not have) any means of transport, will run 5 days of benefit with your arms;

b) suppliers who have vehicles with mechanical or animal traction, will run five days of benefit with every means of transport.

Service providers who have the means of transport and other than the common one in which reside, will run 5 days benefit in each of these municipalities; If residing in the commune have no means of transportation, will perform in this Township's performance with your arms.
Where are service providers that possess more vehicles with animal traction, but who do not have leaders for all these facilities, will be able to allocate one of its arms provider for each means of transport.
Will assign leaders and possessing a providers for single mode of transport, but which, either due to age, either because of an infirmity, whether they are soldiers, not as far as his personal means of transport lead respectively.
Women possessing a single means of transport shall allocate the leaders in all cases.
The benefit shall be exempt from the presence of nature, animal traction vehicles or mechanical, destined and used solely for the carriage of persons and which are passed as such on the basis of the respective authorities.

Article 5 Benefit in nature is executed; service providers which, however, does not want to run a personal benefit, either with arms, either by means of transport, one can redeem them by paying a contribution repayable at maturity, the amount of which shall be fixed annually by the Mayor, with the Advice of the Council or municipal cooperation; This amount will have to be approved by the prefect for the rural municipalities of balneo-climatic resorts, local municipalities and urban neresedinta and the administrative inspector general for municipalities and cities of residence, balneo-climatic resorts of general interest. For Bucharest, approval is given by the Ministry of internal affairs.
Legal persons execute performance, providing means of transport, with their respective leaders, or through ransom.

Article 6 Suppliers from both urban and rural communes, municipalities will not announce until January 15, understand how to execute performance (in nature or repurchase) shall be considered as those of rural communes, as I understand it's a run in nature, and those of the urban communes and municipalities, as I understand it run through ransom.

Article 7 Public Employees, the technical personnel and workers from industrial enterprises, mobilize for work, will execute only if the performance nature of the public institution or undertaking industrial employer, that the employee's absence not to hinder the normal operation of the establishment or undertaking concerned; otherwise, the employee will pay ransom in four contribution rate timestriale; the corresponding amounts will be withheld through payment of wages States.
Heads of enterprises, institutions and employers whose employees run performance in nature, are obliged to grant, on request, to concerned employees leave to carry out the benefit.

Article 8 days to decide the primary benefit; Agriculture should not be stingherite of benefit.
Work to be performed with the power providers will correspond to the daily work of a man, with your arms or with your vehicle.

Article 9 the amounts arising from the redemption of the benefit will only be used in restoration and maintenance of roads.
If, after performing communal roads remain available for days due to the work arising from the redemption of the benefit, they will be used for county roads or other utilities publuca, with approval of the supervisory bodies and tutele. 5. In carrying out the work with the benefit it can give a mostly County roads will be of particular importance over the Bills, with the approval of the general inspectorate of the district's administrative Chief, at the recommendation of the Commissioner.

Article 10 the Census providers and of the means of transport, such as the revision of roles providers, based on the Census will be made within the time limits and in the manner which will be established by regulation.
To identify suppliers and inventory of the means of transport, city halls may force residents to file declaraţiuni lamuritoare.

Article 11 the providers it deems wrong forced, can make complaints to the Mayor, and in case of rejection of their appeals to the administrative organs of control and guardianship, as specified by article 6. 15, para. a, b, and c, as listed in regulation.
The procedure of tax is exempt from any kind of stamps and taxes.

Article 12 Charges and decline during the year will be made within the time limits and the procedure provided for in the regulation.

Article 13 the Mayor will oversee execution of the benefit in kind, personally and through delegates.
Administrative authorities responsible for the supervision of the execution of the nature of the benefit, meet jointly with suppliers of the proper execution of the work.

Article 14 service providers who do not submit the declarations foreseen by art. 10, paragraph 1. (II) within a fixed time, as well as those that will make insincere statements will be sanctioned by the Mayor of the commune, with a fine that will be able to go up to three times the price of redemption of the benefit in kind.

Article 15 service providers to carry out performance in nature and that, without good reason, will not be presented at working on lover family, will be punished with a fine from the presence of 1,000-5,000 lei and in addition, the Act on days were obliged to undertake. The fine shall be levied in favor of the commune and will only be used for road works.
The merits of the reasons by which it seeks to justify the failure to act, will be explored by the communal Council of Advice or collaboration. The amount of the fine decided by the Mayor.
Against decisions of punishment, will be able to make providers administrative review within 10 days of the end from: praetor), for The decisions given by the town councils of communes and rural neresedinta urban spa resorts, local interest;

(b) The administrative Inspectorate), Chief of the district, for the decisions given by the town councils of the municipalities of residence, balneo-climatic resorts, in the general interest and the municipalities;

c) at the Ministry of Internal Affairs, for decisions of the Mayor of Bucharest.

If an appeal has been rejected, or if the infringer did not appeal, then he will have to submit, within a period of 20 days, receipt, proof of submission; unless you will be made, then the fine is going to be able to turn the jail sentence, echivalandu-is 250 lei each day in prison, without that it could exceed 10 days.
Transforming fine in prison is done by the authority which has fixed the amount of the fine. She will send peace court dossier, which, after the verification procedure provided for in this article, you will be given within 10 days, the mandate of arrest.

Article 16 Penalties and redemption the benefit will be tracked and collected according to the provisions of the code of tax procedure.
Redemption of unpaid benefit, in the first half of the financial year concerned, shall be doubled.
Heads of public institutions accounting and private enterprises owners will neglect to withhold quarterly payment of wages States, the amounts in article 4. 7 para. I shall be joint and several with private track, based on the same instrument permitting enforcement.

The penalties provided for in article 17 of this law shall be enforced by the Mayor's decision.
All deadlines are counted on days off.
Run performance and nedatorata and the amounts of benefit bad pass on received the following year.
Ministry of Internal Affairs, through a ministerial decision, will be able to change the amount of the monthly wage, up to the relief of benefit for the categories provided for in art. 3. Atribuţiunile granted from the Ministry of Interior, through this law, may be delegated to its organs.
Any exemptions granted by special laws and any contrary law of dispoziţiuni face, am and remain repealed. Dispoziţiunile this law shall apply, starting on April 1, 1944 Dale.
The Interior Ministry, will be able to fix special deadlines by decision and take any further measures for the implementation of this law, the preceding 1944/945.
A regulation drawn up by ministerial decision, will desvolta this law principles.
Marshal ANTONESCU of Romania and leader of the State Interior Minister, Army Corps General d. i. Palmer ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─