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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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LEGE no. 170 170 of 28 March 1944 on the organisation and execution of the provision in kind for roads
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 75 75 of 29 March 1944



Under the provisions of decree-laws No. 3,052 of 5 Septemvrie and No. 3,072 of 7 Septemvrie 1940, Having regard to the report of Mr. Secretary of State at the Department of Internal Affairs, with No. 110.438 of March 22, 1944, We have decreed and decreed the following decree-law: + Article 1 The provision in kind aims to restore and maintain communal roads and only exceptionally other works provided by the present law. It is organized and executed in each financial year, according to the provisions of this law. The way the performance was organized and executed, the mayor of the commune said. + Article 2 The performance is executed: a) With arms; b) By means of transport. The performance with the arms is carried out by all the inhabitants of the country men, who do not possess means of transport, aged from 21 to 60 years old, without distinction of citizenship. The performance with means of transport shall be executed by: All inhabitants of the country, men and women, without distinction of citizenship, holders of means of transport; Legal persons for profit, as well as those using means of transport on their holdings. + Article 3 They are exempt from the performance in nature, both with their arms and means of transport: war invalids, war widows, help of village mayors; monks of any rite; infirmii incapable of work; members of the diplomatic and consular corps, foreign; foreigners coming to the country, in diplomatic or military mission, foreigners, citizens of the States with whom Romania has concluded establishment conventions or other agreements, encompassing the most favored nation's clause in terms of establishment and foreigners who lived in the country for less than 6 months. They are exempt only from performance with arms; active soldiers, active soldiers in term, premilitary instructors. Providers with arms, who were mobilized or concentrated from 3 months to 6 months including, during the same financial year, perform the performance reduced by half; the providers mobilized or concentrated for more than 6 months are exempt from performance with arms on this exercise. Throughout the war and until the date of the army's passage on the foot of peace, it exempts from the performance for roads with arms, workers ' staff, skilled and unskilled workers, mobilized for work or requisitioned, working for The endowment of the army at the state or private militarized enterprises, if the monthly salary is less than the amount of lei + Article 4 The performance in kind is executed in the commune where the provider is domiciled. The performance in kind is executed as follows: a) Providers who do not have any means of transport, will execute 5 days of performance with their arms; b) Providers who have means of transport with mechanical or animal traction, will execute 5 days of performance with each means of transport. Providers who have means of transport and in other communes if in which they reside, will execute 5 days each in each of these communes; if in the commune where they reside they do not have means of transport, they will execute in this commune performance with arms. If they are providers who possess several means of transport with animal traction, but, who do not have leaders for all these means, the mayor of the commune will be able to allocate ex officio, one provider with arms for each means Transport. Leaders will also be distributed for providers who possess a single means of transport, but who, either because of age or because of a nurse, or they are military, are not able to personally drive the means of transport. Women owners of a single means of transport will be assigned leaders in all cases. It is exempted from performance in kind, vehicles with animal or mechanical traction, intended and used exclusively, for the transport of persons and which are listed as such in the scripts of the respective authorities. + Article 5 The performance in kind is carried out personally; the providers who, however, do not want to perform the personal performance, either with their arms or with means of transport, can redeem it, paying a ransom contribution, the amount of which will be fixed, annually, by The mayor, with the opinion of the Communal Council or the Council of Cooperation; this amount will have to be approved by the prefect for rural communes the balneo-climatic resorts, of local interest and the urban communes of non-interest and of the administrative inspector general for the cities of residence, municipalities and balneo-climatic resorts of general interest. For Bucharest Municipality, the approval is given by the Ministry of Internal Affairs. The legal entities shall perform the performance, providing the means of transport, with the respective rulers, or by redemption. + Article 6 Providers from rural, urban and municipal communes who will not announce until January 15, the way they understand to perform the performance (in nature or redemption), will be able to be considered, those in rural communes that they understand to execute it in nature, and those from urban communes and municipalities, that they understand to execute it by ransom. + Article 7 Public employees, technical and workers ' staff in industrial enterprises, mobilized for work, will perform the benefit in kind only if the public institution or the patron industrial enterprise, finds that the lack of employee does not prevent normal operation of the respective institution or undertaking; otherwise, the employee will pay the ransom contribution in four timestrial rates; the corresponding amounts will be withheld through the payroll payment states. The heads of the institutions and owners of the enterprises, whose employees perform the performance in kind, are obliged to grant, on request, the leave to the respective employees, for the execution of the performance. + Article 8 The days in which the performance is executed shall be decided by the mayor; the agricultural labors must not be extinguished by the performance. The works performed with the providers will correspond to the daily work power of a man, with his arms or with the vehicle. + Article 9 The amounts from the redemption of the performance will only be used for the restoration and maintenance of roads. If, after the execution of works for the communal roads remain available days due to work from the redemption of the performance, they will be used for county road works or other publuca utility works, with the approval control bodies and guardians referred to in art. 5. In the execution of the works with the performance you can give precadation to the county roads of a special importance on the communal ones, with the approval of the administrative inspector general, head of constituency, at the proposal of the prefect. + Article 10 The recourse of the providers and means of transport, as well as the annual review of the roles of providers, drawn up on the basis of the census, will be made within the deadlines and in the way that will be established by regulation. In order to identify the providers and inventory the means of transport, the mayors can oblige the inhabitants to submit the clarifying statements. + Article 11 Providers who consider themselves wrong imposed, can make appeals to the mayor, and in case of their rejection, administrative appeals to the control and guardianship bodies, specified by art. 15, paragraph a, b, and c, according to the provisions contained in the regulation. The imposition procedure is exempt from any kind of stamps and fees. + Article 12 The charges and decreases during the year will be made within the time limits and with the procedure provided for in the Regulation. + Article 13 The mayor will oversee the execution of the performance in kind, personally and through delegates. The administrative bodies responsible for the supervision of the performance in kind of the performance shall be jointly and severally liable to the performance of the works. + Article 14 Providers who will not submit the statements provided by art. 10, para. II within the fixed term, as well as those who 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 performance in nature. + Article 15 The providers who are to perform the performance in kind and who, without good reason, will not be presented at work on the decided date, will be punished with a fine of 1,000-5,000 lei and will do in addition, the performance days they were obliged to do. The fine is collected in favour of the commune and will be used only for road works. The merits of the reasons by which they seek to justify the failure to appear at the performance, will be investigated by the Communal Council or the Cooperation Council. The amount of the fine is decided by the mayor. Against punishing decisions, the providers will be able to appeal administratively, within 10 days of communication: a) At the pretor, for the decisions given by the mayors of rural communes, non-essential urban and balneo-climatic resorts, of local interest; b) At the administrative inspectorate, head of constituency, for decisions given by the mayors of the communes of residence, balneo-climatic resorts, of general interest and municipalities; c) At the Ministry of Internal Affairs, for the decisions of the Mayor If this appeal was also rejected, or if the offender did not appeal, then he will have to file, in 20 days, the receipt of the town hall, proving the deposit of the amount; if he does not, then the fine will be able to turn into punishment with imprisonment, equating each 250 lei with a day of imprisonment, without it being able to exceed 10 days. The transformation of the fine in prison is made by the authority that fixed the amount of the fine. It will send the file to the respective peace judge, which, after verifying the procedure provided for in this article, will issue, within 10 days, the arrest warrant. + Article 16 Fines and redemption of the performance will be followed and collected according to the provisions of the Fiscal Procedure Code. The redemption of the performance, not paid in the first semester of that financial year, shall be doubled. The heads of accounting of public institutions and owners of private enterprises who will neglect to hold quarterly through the payment states of salaries, the amounts provided by art. 7 7 para. I, will be followed jointly with the providers, on the basis of the same enforceable title. + Article 17 The penalties provided for in this Law shall be applied by the Mayor All deadlines count on days off. The performance executed and not due and the amounts of the bad performance collected shall be passed on the following year. The Ministry of Internal Affairs, by ministerial decision, will be able to modify the amount of the monthly salary, until which the benefit exemption is granted for the categories provided by art. 3, last paragraph. The duties granted to the Ministry of Internal Affairs, by this law, may be delegated to its external bodies Any exemptions granted by special laws and any provisions to the contrary to the present law, are also repealed. The provisions of this law apply, starting from April 1, 1944. The Ministry of Internal Affairs, will be able to fix by decision special deadlines and take any other measures for the application of this law, on exercise 1944/945. A regulation, drawn up by ministerial decision, will unravel the principles of this law. ANTONESCU Marshal of Romania and the Ruler of the State Minister for Home Affairs, Army General of Army D. I. Popescu ------------