Decree No. 101 / 1945 Coll.
Decret of the President of the Republic on the nationalisation of certain food industry enterprises
Valid
Effective from 27.10.1945
101.
Decret of the President of the Republic
of 24 October 1945
on the nationalisation of certain food industry enterprises.
On the proposal of the Government and in agreement with the Slovak National Council, I establish:
The extent of nationalization.
(1) The following shall be nationalised at the date of publication of this Decree:
1. sugar factories and refineries,
2. industrial distilleries and distilleries;
3. breweries which in 1937 exhibited more than 150,000 hl of beer,
4. mills with technical equipment with a daily performance of at least 60 tonnes of grain on the day of the beginning of the effective date of this decree,
5. undertakings for the production of artificial edible fats with more than 150 employees according to the average of the stocks on 1 January 1938 to 1940;
6. undertakings for the manufacture of chocolate and confectionery with more than 500 employees according to the average of the stocks on 1 January 1938 to 1940.
(2) For the industrial sector undertakings referred to in paragraphs 1, 5 and 6 which have not been in operation at all times, according to the average number of employees taken as a basis for nationalisation, the average of the stocks on 1 January of the last two years of these periods, if the operation of the undertaking is not lasting even for such a long period, is determined by the staff situation on 1 January 1940; for an undertaking which was not in service at that date, the status of the staff member shall be decided on the date of the entry into force of this decree. The number of employees in the relevant times shall be determined by the state reported to the public social security holder.
(3) The provisions of this Decree shall not apply:
(a) to undertakings owned by, and directly operated by, profit and economic communities established under Law No 70 / 1873 of the Czech Republic, which are owned by cooperatives established under § § 223 et seq., Article XXXVII / 1875, Article XXXVII / 1875, Article XXXVII of the Commercial Act, with the exception of undertakings designated by the Minister of Nutrition in agreement with the Central Council of Trade Unions, the Central Council of the Republic of Czechoslovakia and the Central Council of Cooperatives;
(b) to undertakings which, in agreement with finance and agriculture ministers in Slovakia, also after hearing food, finance, agriculture and land reform officials, are excluded from nationalisation, while at the same time ordering their owners (operators) to stop them permanently, because the government has decided that their continued operation is not in the public interest.
(4) If the conditions for nationalisation under this decree are fulfilled, the Minister of Nutrition shall decide on this.
It is reserved for the State to set up new businesses and operate them regardless of their scope in sectors nationalised under § 1 (1) (1) (2). This right may be conferred by the Government on the proposal of the Minister of Nutrition.
(1) By nationalisation, the State acquires ownership of the national property.
(2) The nationalisation concerns:
(a) real estate, buildings, equipment, deposits and raw materials;
(b) business accessories, including all movable and rights (licences, trade licences, stamps, samples, water rights, etc.), notes, securities, holding books, cash and receivables;
(c) movable property and rights other than those relating to the undertaking.
(3) The property referred to in paragraph 2 concerns the nationalisation, whether it serves or is intended to operate a national enterprise, even if it belongs to someone other than the owner of the enterprise. Patents and stocks, in particular raw materials, auxiliary and operating materials, semi-finished products, processed and finished products, concern nationalisation only if they belong to the owner or operator of the nationalised enterprise.
(4) They shall be nationalised together with the undertaking to the extent resulting from the provisions of paragraphs 2 and 3:
(a) all manufacturing undertakings and establishments belonging to the owner or operator of the nationalised undertaking, unless otherwise provided by the Minister of Nutrition in agreement with the minister in question in each case;
(b) all undertakings and establishments forming a nationalised economic unit with the undertaking, even if they belong to someone other than the owner of the nationalised enterprise.
(5) If a nationalised company of a limited-liability limited limited company is a limited company, all its assets and, to the same extent, group companies with more than half of its capital or with a decisive influence on them shall be nationalised.
(6) The Minister of Nutrition, after hearing the food officer, in Slovakia, may exempt individual items of property, property files or rights from nationalisation, provided they are not necessarily needed for the operation of a national undertaking, and leave them to the existing owner, to whom he may at the same time impose conditions, in particular the condition that, within a specified period, he shall establish a service or a right of use for the benefit of the national undertaking.
(7) The extent of the nationalisation referred to in paragraphs 2 to 5 shall be decided by the Minister of Nutrition in Slovakia after hearing the nutritionist. The provisions of the Government Decree of 13 January 1928, No 8 Coll., on proceedings in matters falling within the competence of political authorities (administrative proceedings), do not apply to the procedure for determining the extent of nationalisation.
If, in the field of competence of the Minister of Nutrition, the property nationalised under this Decree is not used to establish a national undertaking or to be incorporated into a national undertaking, or if such property is not entrusted to the administration of the authorities in that field, the Minister of Nutrition may, in agreement with the Minister of Finance and with another Minister, transfer such property into the authority of that Minister to take action in his own field of activity, or may delegate it to communal undertakings or to other legal persons for compensation determined in accordance with § 7.
(1) A national undertaking to which the assets of a nationalised enterprise are incorporated shall enter into its liabilities on the day of taking over. If assets are incorporated into several national enterprises, the Minister of Nutrition shall designate the undertakings of each national undertaking.
(2) The Minister of Nutrition shall, in agreement with the Minister of Finance, determine which obligations of the nationalised undertaking are transferred to the administration of the authorities in its field of competence on the date on which the assets are taken over.
(3) A national undertaking incorporating assets nationalised in accordance with Articles 4 (3) and 4 (b), which belonged to someone other than the owner of the undertaking, enters into obligations arising from rights attaching to that property, to the extent and under conditions laid down by the Government by the Regulation. This Regulation shall also provide for the transition of such obligations if the property is entrusted to the administration of the authorities of the Minister of Nutrition or transferred to another minister or transferred to municipal undertakings or other legal persons under Section 4a.
(4) The Minister of Nutrition may, in agreement with the Minister of Finance of the matter and the Minister of Finance, take measures to transfer liabilities belonging to the national property transferred under Paragraph 4a to another Minister or transferred to a municipal undertaking or other legal person.
(5) The obligations of a nationalised undertaking do not include the obligations under which the assets of that undertaking or part thereof are to be taken over by a third party after the date of entry into force of that decree. The obligations of a nationalised undertaking shall also not include personal taxes, levies and charges on the former owner; such commitments shall not be transferred with or be satisfied with an asset incorporated into a national undertaking or entrusted to the administration of the authorities referred to in paragraph 2 or with which a measure has been taken or which has been transferred under Paragraph 4a. Personal taxes and benefits are the tax on pensions, war allowance, rent tax directly levied, property tax pursuant to Government Decree No. 410 / 1942 Coll., property levy pursuant to Act No. 134 / 1946 Coll., on property increase levy and asset benefit, and extraordinary benefits pursuant to Act No. 185 / 1947 Coll., on extraordinary lump-sum levy and extraordinary levy on excessive property gains, as amended by Act No. 180 / 1948 Coll. The methods of payment of such personal taxes and benefits shall be laid down by the Ministry of Finance by a decree in the relevant official document.
(6) In the case of commitments which are economically unjustifiable, including obligations under service contracts, guaranteeing employees unduly high salaries, benefits, benefits for disposal, etc., the national undertaking may request cancellation or other appropriate adjustments. If no agreement is reached, the arbitration panel shall decide in accordance with the rules issued. The provisions of the first and second sentences shall also apply mutatis mutandis if they are commitments which are transferred to the administration of the assets referred to in paragraph 2 or which are transferred pursuant to paragraph 4.
(7) If the measure entrusting the nationalised property to the administration of the services of the Minister of Nutrition or of another Minister does not imply anything else, the State shall not be liable for the obligations of the nationalised undertaking, even if the obligations under Paragraph 5a are adjusted.
(1) Where the assets of a nationalised undertaking are overpaid on the date on which they are taken over, the national undertaking may ask the court to adjust, at the level of the general price of the assets of the asset over-indebted to the undertaking on the date on which they are satisfied and to determine their maturity, account being taken of the economic possibilities of the national undertaking. This applies mutatis mutandis to a municipal enterprise or other legal person to whom the assets of a nationalised enterprise have been transferred pursuant to § 4a.
(2) Creditors shall be required to call upon the court by means of an order in the authentic instrument within the time limit prescribed by the court to make their claims to the application procedure referred to in paragraph 1; failing that, their claims against the national undertaking shall cease.
(3) The adjustment provided for in paragraph 1 shall be made as follows:
(a) the obligations arising out of creditors' claims to exclude cases from the assets taken over shall remain unaffected, provided that such claims have not been destroyed by nationalisation;
(b) the obligations arising from the claims of creditors having the right to separate satisfaction of a particular case shall also remain unaffected if they are covered by the value of that case;
(c) other liabilities which, according to the order applicable to them [point (d)], are not fully covered by the difference between the general price of assets of a nationalised undertaking and the value of liabilities that remain unaffected under points (a) and (b) shall be satisfied on a pro rata basis. Such commitments shall also be considered as liabilities referred to in point (b), unless they are covered in the manner stated therein;
(d) the undertakings covered by point (c) shall be classified in four classes in order of rank. The costs of the proceedings belong to the first class, and the second to fourth classes are the liabilities which, according to the bankruptcy proceedings, belong to the first to third classes. Obligations of the same class shall be in equal order.
(4) If the undertakings in their order are not satisfied with the adjustment provided for in paragraph 3, they shall not act against the national undertaking. The adjustment of the commitments referred to in paragraph 3 shall be made only against a national undertaking.
(5) Detailed provisions on jurisdiction shall be laid down by law, on the procedure referred to in the preceding paragraphs, on its effects on the limitation of claims, on disputes, on the enforcement and bankruptcy proceedings and on the rights to separate satisfaction and on the way in which creditors' claims are established.
(1) A national undertaking may oppose the legal action carried out by the owner of a nationalised undertaking after 29 August 1944 to harm or make it more difficult to nationalise the industry or to introduce in his or her foreign benefit the assets of the undertaking.
(2) Retirement may take place within one year of the takeover. Otherwise, the provisions of the Opposition Order, issued by the Law of 27 March 1931, No 64 Coll., apply mutatis mutandis.
Paragraphs 7 to 11 and § 37, 38, 40, 41 and § 43 to 47 of Decree No 100 / 1945 Coll. as amended by the Regulations amending it and supplementing it apply mutatis mutandis to the matters governed by this Decree, where the powers of the Minister of Industry are given in accordance with the provisions set out above, that competence is for the Minister of Nutrition.
Efficiency and execution.
This Decision shall take effect on the day of its publication; it shall be carried out by all members of the Government.
Dr Beneš v. r.
Fierlinger v. r.
David v. r.
Gottwald v. r.
Broad v. r.
Dr Šrámek v. r.
Ursines v. r.
Masaryk v. r.
Gen. Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr. Unedible v. r.
Dr Stránská v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Hala v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.
Majer v. r.
Dr Clementis v. r.
Lt-Gen Ferjenčík v. r.
Lichner v. r.
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Regulation Information
| Citation | Decree No. 101 / 1945 Coll., on the nationalisation of certain food industry enterprises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.10.1945 |
|---|---|
| Effective from | 27.10.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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