ALLIED MILITARY GOVERNMENT BRITISH - UNITED STATES ZONE FREE TERRITORY OF TRIESTE OFFICIAL GAZETTE VOLUME II No. 24 - 1 September 1949 Published by the A. M. G. F. T. T. under the Authority of the Commander British - United States Forces Free Territory of Trieste. La Editoriale Libraria S. A., Trieste - 1949 ALLIED MILITARY GOVERNMENT British - United States Zone-Free Territory of Trieste Order No. 177 AUTHORIZATIONS FOR MOTOR TRANSPORT OF GOODS ON BEHALF OF THIRD PERSONS WHEREAS it is deemed necessary and advisable to regulate the granting, under certain circumstances, of new authorizations for motor transport of goods on behalf of third persons in that part of the Free Territory of Trieste administered by the British-United States Forces (hereinafter referred to as the „Zone“), NOW, THEREFORE, I, CLYDE D. EDDLEMAN, Brigadier General, U. S. Army, Director General, Civil Affairs, ORDER: ARTICLE I Section 1. — In addition to the total number of authorizations released, or to be released in the Zone, the issuance of an authorization for the transport of goods on behalf of third persons may be granted only for one truck with a carrying capacity of over 15 quintals in favour of a Firm which, having obtained a regular authorization for the transport of goods on, behalf of third persons, ceased its transport activity on any date between 1st of September 1939 - 8th of May 1945, and after the cessation has not obtained other authorizations for trucks with a carrying capacity of over 15 quintals. Section 2. — Applications for the above mentioned authorization shall be forwarded to the Ispettorato Motorizzazione Civile of Trieste within the 31st of December 1949. Section 3. — Together with the application, the Firm shall produce proof that it is in possession of the truck registered in its name, to have notified it to the Ispettorato Motorizzazione Civile and to have met all other requirements provided for by existing provisions. Section 4. — Notices of cessation of transport activity shall be accompanied by a certificate released by the Chamber of Commerce.' ARTICLE II Section 1. — New authorizations to substitute others formerly released to the same Firms may be granted in those cases in which the trucks, three-wheelers and trailers have been sold, demolished or destroyed. Section 2. — Applications for such new authorizations, together with a complete,documentation including the certificate of notification to the Ispettorato Motorizzazione Civile of the vehicle for which the new authorizaton is requested shall be submitted to the said Ispettorato within six months from the date of registration of the transfer of ownership or of the demolition or of the destruction in the register of the Bureau of Motorvehicles Registration. Section 3. — In those oases where the sale, destruction, or demolition has already been inscribed in the register of the Bureau of Motorveliicles Registration at the effective dato of this Order, the time-limit shall be six months from said date. Section 4. — New authorizations to substitute others formerly granted may be issued to the same Firm for trucks put aside or differently used. The relative application shall be submitted together with all the documents mentioned in Section 2 of this Article. In no ease may any of the following replacements take place : a) trailers by trucks ; b) trucks with a lower carrying capacity than 15 quintals by others of a higher carrying capacity ; c) trucks which by effect of adjustment after the date of the previous authorization have exceeded the carrying capacity of 15 quintals. ARTICLE III Section 1. — The authorization for transport of goods may be granted to the purchaser or a truck provided that the seller holds a regular ETT/BUSZ authorization for the same truck and states explicitly and unconditionally that he waives his right of applying for the transfer of the same authorization to another truck of his ownership or one to be purchased in replacement of the one -which has been sold. The waiver shall be made by a written instrument and tho signature shall be authenticated by a notary. Section 2. — In order to obtain the authorization specified in Section 1 of this Article, the purchaser, even if in possession of other authorizations, must apply to the Ispettorato Motorizzazione Civile, producing besides the usual complete documentation including the certificate of notification to the same Ispettorato : a) the circulation licence ; b) the seller’s waiver. Section 3. — The application shall be forwarded within six months from the registration of tho transfer of ownership in the circulation licence by the Motorvehieles Registration Office. Section 4. — The Director of the Ispettorato Motorizzazione Civile, upon ascertainment, of the transfer of ownership and of the former owner’s waiver shall first of all revoke, by appropriate order, the authorization previously released to the seller. The order of revocation shall be drawn up in duplicate ; one to be forwarded to Allied Military Government, Department of Transportation, and one to be kept by the Ispettorato Motorizzazione Civile. - Section 5. — After having registered the revocation on the circulation licence, the Ispettorato Motorizzazione Civile shall provide for the prescribed enquiry for the release of the now authorization. ARTICLE IV Section 1. — The authorizations provided for in the preceding Article III may be granted under the same conditions and with the same procedure as for the trucks which have boon registered in ownership of the applicant after the 31st of January 1948, provided the sellor, after Mio salo of the truck and for its replacement, has not obtained an authorization for another truck, and provided ho waives his right of applying for the substitution of the authorization in conformity to the proceduro established in Article III of this Order. Section 2. — Applications for the authorization mentioned in Section 1 of this Article shall bo forwarded within the time-limit of six months from the effective date of this Order. ARTICLE V h Section 1. — To the heir or to the legatee of the possessor of an authorization for the transport of goods on behalf of third persons, who is entitled by right of succession to the ownership of the truck the subject of the authorization, a new authorization for the same truck may be granted. Section 2. — The application for the authorization specified in Section I of this Articlo shall be submitted by the heir , or the legatee, within six months ‘rom the registration of the transfer of ownership or, in case the above mentioned registration has taken place beforo the offoctive date of this Order, within six months from such date. Section 3. — The usual documentation shall be forwarded together with the application including the certificate of notification to the Ispettorato Motorizzazione Civile, and a notary’s certificate in the case of testamentary succession, or an instrument drawn up by a notary in the case of legal succession, proving that the applicant has acquired the ownership of the truck by effect of testamentary or legal succession („successione legittima“). ARTICLE VI Section 1. — Tho authorizations mentioned in the preceding Articlos shall be issued by tho Ispettorato Motorizzaziono Civile that shall provido also for the releaso of authorizations for : a) three-wheelers and trucks with a carrying capacity not exceeding 15 quintals ; b) trailers. Section 2. — The provisional authorizations previously released by tho Ispettorato Motorizzazione Civile for limited periods in terms of the existing regulations, may be extended by the same Ispettorato without indication of expiry. Section 3. — The new authorizations and the extensions of authorizations previously granted shall be released by appropriate order dated, registered, and inscribed on tlio circulation liconce. ARTICLE VII All authorizations released or oxtended under the provisions of this Order are provisional, rovocablo at any time by a provision of Allied Military Government, Department of Transportation. ARTICLE VIII This Order shall come into effect on the date of its publication in tho Official Gazette Dated at TRIESTE, this 24th day of August 1949. CLYDE D. EDDLEMAN Brigadier General, U. S. Army Kef. LDIAI49I185 Director General, Civil Affairs Order No. 178 PROVISIONS RELATING TO SOCIAL INSURANCE OF PERSONNEL OF PUBLIC TRANSPORTATION SERVICES WHEREAS it is deemed advisable to modify the, social insurance tr aiment of the personnel of Public Transportation Services in that Zone of the Free Territory of Trieste administered by the British-United States Forces, NOW, THEREFORE, I, CLYDE D. EDDLEMAN, Brigadier General, U. S. Army, Director General, Civil Affairs, ORDER: ARTICLE I Section 1. — Workers of Public Transportation Services who were anticipatedly placed on a retirement pension by virtue of R. D. L. 2 April 1932, No. 372, converted into Law 16 June 1932, No. 881 and who collect their pension from the National Insurance Fund administered by „Istituto Nazionale della Previdenza Sociale“, shall be entitled, with effoct from 1st January 1948, to an increase of the pension amounting to as many fortieths of tho salary or pay computable for the pension and enjoyed on the date of their pensioning as there were years missing up to the age limit and years of service established by Article 9 lettor b) of R.D.L. 19 October 1923, No. 2311. converted into. Law 17 April 1925, No. 473. Section 2. — Workers collecting their pension from Special Funds shall )>e entitled to an increase up to the amount of the pension which would have been due to them on the ground of the salary or pay computable for pension and received on the date of their pensioning if the age limit and years of service provided by the Regulations of the said Special Funds had been reached. Section 3. — The retirement pension granted pursuant to Article 3, para 2, of the above quoted R. D. L. 2 April 1932, No. 372 shall continue to be paid whenever more favourable to the worker than that resulting from the application of the provisions of the preceding Section. ARTICLE II Article X of Order No. 205 dated 10 August 1946, is substituted by the following : „As and from 1 January 1945 tho compulsory inscription to the Fund for social insurance of the personnel of Public Transportation, Services is hereby extended to : a) ordinary personnel mentioned under letters a) and c) of Article 8 of R. D. 8 January 1931, No. 148 in the-service of railway, tramway, inland navigation and funicular railway companies. The compulsory inscription to the Fund shall be effective for the personnel mentioned under letter b) of the aforesaid Article 8, who prior to the effoctivo date of this Order, were already inscribed in the said Fund ; b) regular personnel including those in permanent service of communal or private concerns operating city or country trolleybus linos, who on 1st January 1945 were not yet inscribed in the Fund ; c) regular personnel including those in permanent service of communal or private concerns operating city or country motor-bus lines, as mentioned sub a) and 6) hereof. “ ARTICLE III Tlio personnel mentioned in Article X o.f Order No. 205 dated 10 August 1946 may, for the purpose of the treatment of retirement, ask for the recognition of the period of service performed prior to 1st January 1945 with the qualification of an „ordinario“ in permanent and actual service, availing themselves for such purpose of the contributions already paid in their own favour to the compulsory social insurance for old age and disability as well as the funds set aside for such purpose by the respective concerns, and paying such further amounts as are necessary to cover the entire mathematic reserve required for the recognition. ARTICLE IV Section 1. — Workers who prior to the transfer into the permanent rolls have performed duty with the qualification of a „straordinario“ may, for the purposet of the treatment of retirement to the charge of the Fund, ask for the recognition of the service performed with the said qualification, up to the limit of 15 years of inscription with the Fund. Section 2. — Such recognition shall follow the procedure set forth in the preceding Article in respect of the „ordinario“ personnel in permanent and actual service ARTICLE V Section 1. ■— Workers inscribed in the Special Social Insurance Funds wihch are unable to guarantee to them a treatment of retirement not less than that guaranteed by the National Social Insurance Fund for personnel of Public Transportation Services, shall be inscribed into the said Fund with effect from 1st July 1948. Section 2. ■— The period of inscription with the Special Funds shall be recognized, for the purpose of the treatment of retirement to the charge of the National Fund, within the limit for which the relative mathematic reserves may be covered by using the funds set aside with the Insurance Funds and the contributions paid to the compulsory social insurance for the personnel inscribed therein. Section 3. — The workers concerned may cover the mathematic reserve for the whole or a part of the resting period of inscription with the Special Funds by their own payment. Section 4. — Workers placed on a retirement pension who have enjoyed the social insurance treatment guaranteed by the Special Funds mentioned in the preceding Section 1 may obtain the pension in the limit and with the modalities established in Section 2 and 3 of this Article, provided they file such request with „Istituto Nazionale della Previdenza Sociale“ within 21 June 1950. ARTICLE VI Article IX of Order No. 178 dated 8 March 1948 is hereby substituted by the folio whig : „Section 1. ■— The amount of the supplementary allowances to the pensions shall be altered by an Order of the Allied Military Government in proportion to alterations of the earnings subjected to contribution and taking place after 1st January 1947 in consequence of incroa-sesor reductions of the cost of living.“ „Section 2. — Any alteration shall te made without increasing the rate of contribution whenever the earnings are increased or reduced by 25% or more in respect of those in force on 1 January 1947 or on the date of the previous alteration of the supplementary allowances. Such alteration shall be effective as from the 1st January of the yoar subsequent to that in which the said percentage has been reached “ ARTICLE VII This Order shall come into force on tho date of its publication in the Official Gazette. Dated at TRIESTE, this 26tli day of August 1949. CLYDE D. EDDLEMAN Brigadier General, U. S. Army Ref. : LVIAI49/170 Director General, Civil Affairs Order No. 179 SURTAX ON TRANSFER OF SHARES WHEREAS it is deemed advisable to suspend the application of the surtax on the transfer of shares in that part of the Free Territory of Trieste administered by the British-United States Forces, NOW, THEREFORE, I, CLYDE D. EDDLEMAN, Brigadier General, U.S. Army, Director General, Civil Affairs, ORDER: ARTICLE I Up to and inclusive of tho 30th of Juno 1950, the surtax on the transfer of shares as established by Article 17 of the Consolidated Text approved by R.D.L. No. 357 of 9 March 1942, as amended, and as re-established by Order No. 376 dated 8 May 1947, shall not bo levied. ARTICLE II This Order shall become effective on the date of its publication in the Official Gazette and its provisions shall be operative, in accordance with administrative instructions already issued, as from the 7th of August 1949. Datod at TRIESTE, this 30th day of August 1949. CLYDE D. EDDLEMAN Brigadier General, U.S. Army Ref, : LDIA¡49¡183 Director General, Civil Affairs Order No. 180 EXTENSION OF TIME-LIMIT FOR FISCAL PRIVILEGES IN RESPECT OF ADVANCES AND LOANS CONNECTED WITH OPERATIONS OF ASSIGNMENT OF CREDITS OR OF TRANSFER OF SAME AS SECURITY WHEREAS' it is deemed advisable to extend the time-limit relating to fiscal privileges in respect of advances and. loans connected with operations of assignment of credits or of transfer of the same as security in that part of the Free Territory of Trieste administered by the British-United States Forces, NOW, THEREFORE, I. CLYDE D. EDDLEMAN, Brigadier General, U.S. Army, Director General, Civil Affairs, ORDER: ARTICLE I Fiscal privileges relating to advances and loans connected with operations of assignments of credits or of transfer of the same as security, as granted under D.L. 19 December 1936, No. 2170 and as extended until six-months after the cessation of the state of war by R.D.L. 24 December 1942, No. 1633, are hereby granted for a further period running from 31 January 1949 to 31 December 1950. ARTICLE II The validity of the provisions of Law 11 March 1941, No. 178, so far as they concern the assignment of credits derived from supplies of war materials ordered up to date of the cessation of the state of war, is hereby extended from 31 January 1949 to 31 December 1950. ARTICLE III This Order shall become effective on the date of its publication in the Official Gazette. Dated at TRIESTE, this 30th day of August 1949. CLYDE D. EDDLEMAN Brigadier General, U.S. Army, Rei. : LD/AI49I184 Director General, Civil Affairs CONTENTS Order No. 177 Authorizations for motor transport of goods on behalf of third persons. . . . 436 No. 178 Provisions relating to social insurance of personnel of public transportation services...........................'...................................... 439 No. 179 Surtax on transfer of shares ................................................ 441 No. 180 Extension of time-limit for fiscal privileges in respect of advances and loans connected with operations of assignment of credits or of transfer of same as security ............................................................................ 442