What is Act No. 103 / 1950 Coll.?

Act No. 103 / 1950 Coll., on National Industrial Enterprises — Act on National Industrial Enterprises.

When it became Act No. 103 / 1950 Coll. effectiveness?

Act No. 103 / 1950 Coll. became effective 01.07.1950.

Is Act No. 103 / 1950 Coll. still valid?

Yes, Act No. 103 / 1950 Coll. is still valid and effective.

Act No. 103 / 1950 Coll. - Act on National Industrial Enterprises

103.

Law

of 13 July 1950

on national industrial enterprises.

The National Assembly of the Czechoslovak Republic decided on the following Act:

Oddíl I.

National enterprises of industry and their mission.

§ 1.

National industrial enterprises grew from nationalized mines and other industrial enterprises, in which collective workers working in cooperative cooperation controlled by conscious discipline and through mutual assistance perform the tasks of building socialism.

§ 2.

The mission of national industrial enterprises is to contribute, according to the plan, to the growth of national wealth, to the increase of the material and cultural level of workers and to the consolidation of the power of the working people. In order for industrial enterprises to carry out this task, they ensure the continuous development of production forces and the improvement of labour productivity and economy.

Oddíl II.

Scope and jurisdiction.

§ 3.

(1) National industrial enterprises (hereinafter referred to as "national undertakings") under this Act are national enterprises in the field of ministries of industry, nutrition, information and education and health care.

(2) Ministers of Industry, Food, Information and Information and Health are, in substance, competent ministers under this Act for national enterprises in their Ministry's field.

Oddíl III.

Establishment of national undertakings and their legal ratios.

§ 4.

(1) National undertakings are to be set up by the Minister of Finance in agreement with the Minister of Finance on assets acquired by the State by nationalisation, confiscation or otherwise, by means of the Fund for the National Economy or from other national assets. Such property may also be incorporated in the national enterprise already established by the Minister of Finance in the agreement with the Minister of Finance. If such property falls within the competence of another Minister, these measures shall be the subject of the agreement of the Minister responsible.

(2) In agreement with the Minister of Finance, the Minister responsible for the matter may establish a national property undertaking belonging to legal persons whose capital is solely a national enterprise or persons acting on behalf of a national enterprise (hereinafter referred to as a "legal entity undertaking ') or part of such property, or may also include such property or part of it in a national enterprise already established.

§ 5.

(1) The nationalisation rules specify in which undertakings enter into a national undertaking to which nationalised assets have been incorporated, under which conditions a national undertaking may seek the cancellation of an undertaking or its appropriate adjustment, as provided for by the obligations of an overindebted national undertaking, whose assets have been incorporated into a national undertaking, and under which conditions a national undertaking may oppose the legal conduct of an earlier owner of a national undertaking.

(2) In agreement with the Minister of Finance, the Minister responsible for the matter determines which obligations are to be transferred to the national undertaking on the date on which the assets of another national undertaking, legal entity or other national property were taken over. The transfer of the undertaking under the first sentence shall exempt the former debtor. Such a transition does not require the authorisation of the creditor.

§ 6.

A national undertaking or an undertaking of a legal person whose assets have been incorporated in accordance with Paragraph 4 shall be annulled by the minister in question; the cancellation shall be entered in the company register, on a proposal from the Ministry responsible for the matter. If the measure referred to in Article 5 (2) of all the liabilities of the company cancelled concerns the liquidation of the undertaking.

§ 7.

(1) National undertakings are separate legal entities.

(2) The Member State shall designate the name, date of establishment, registered office and, as a general rule, the basic establishment (Paragraph 21), unless, exceptionally, it is waived from determining the basic establishment.

(3) The establishment of a national undertaking shall be the subject of a document by the Minister responsible, stating its name, date of establishment, registered office, basic establishment and the date on which the national undertaking takes over the assets incorporated therein; The same goes for changes.

(4) Confirmation of the transfer of commitments to the national undertaking is issued by the competent Director-General (§ 33 et seq.), by means of documents issued (§ 3, § 5 (2) and § 42).

§ 8.

(1) A national undertaking is registered in a company register. In an application for registration, which shall refer to the instrument referred to in Article 7 (3), the undertaking shall communicate to the court:

(a) the name and registered office;

(b) the date of origin;

(c) who represents and signs for the undertaking.

(2) The provisions of paragraph 1 shall also apply mutatis mutandis to the reporting of changes to these facts for registration in the company register.

§ 9.

(1) The designation "national enterprise" is part of the name of the national enterprise. Only national undertakings may use this designation.

(2) An existing firm of a nationalised undertaking whose assets have been largely incorporated into a national enterprise, or part of the firm of such a nationalised enterprise, may be incorporated into the name of a national enterprise without the permission otherwise required under the applicable rules. Where the current owner operates another undertaking, his company or name shall adjust accordingly in order to distinguish clearly from the name of the national undertaking.

§ 10.

(1) The property of the national undertaking is owned by the State; the national enterprise is entrusted with such property in administration. In matters relating to this property, the national undertaking shall appear and act on its own behalf.

(2) Unless otherwise specified, it shall be entered in public books, official registers or lists maintained under Czechoslovak law as the owner of the property or the right that the national undertaking has in its management, with the designation of that undertaking.

(3) With regard to assets incorporated into a national undertaking pursuant to Article 4, entries shall be made for the design of that undertaking in accordance with a document issued by the Ministry or by its competent authority.

§ 11.

(1) A national undertaking may not dispose of parts of the assets entrusted to its administration which are intended to be used permanently. Negotiations that oppose this ban have no legal consequences.

(2) As regards the parts of property referred to in paragraph 1, third parties may not acquire lien or other rights in kind, either library or non-library.

(3) Exemptions from the prohibition of disposal provided for in paragraph 1 shall be permitted by the superior authorities (§ 32 et seq.).

§ 12.

(1) Only the assets entrusted to it in the administration which are not intended to be used permanently by the undertaking can be met for the liabilities of the national undertaking (§ 11).

(2) The assets which the national undertaking has in its management cannot be claimed or satisfied by the State.

§ 13.

A national undertaking does not need an authorisation which, under the rules of trade or other law, would otherwise be necessary to carry out its activities under an approved business plan. However, national undertakings are subject to provisions on the approval of establishments, as well as other regulations on the protection of the life and health of workers and public safety and on the education of workers.

Oddíl IV.

Business plan and management guidelines.

§ 14.

(1) The activities of a national undertaking are determined by its approved business plan. The business plans of national enterprises are part of a single economic plan by their content.

(2) The business plan is approved by the Director-General (§ 33 et seq.).

§ 15.

(1) The national undertaking is obliged to operate according to the budget, which is the basis of the financial plan forming part of its business plan.

(2) The national undertaking and all the workers in it must conduct their efforts to carry out the tasks imposed as economically as possible.

§ 16.

In a national undertaking, each person shall be personally responsible for the performance of the tasks incumbent upon him.

§ 17.

The widest participation of workers is applied in the national enterprise.

§ 18.

The management of a national undertaking and parts thereof shall be the responsibility of one manager who has separate decision-making powers.

§ 19.

The national undertaking is obliged to ensure that the achievement of favourable results in the performance of the planned tasks and in the efficient management is based on the socialist awareness of the workers in it and on the dependence of their material interests on those results.

Oddíl V.

National enterprise organization.

§ 20.

The organisation of a national enterprise must adapt to the principles of the socialist economy, ensure perfect cooperation and enable the planned tasks to be carried out successfully.

§ 21.

If a national enterprise has been identified as a basic plant, its administration also provides the management of the national enterprise.

§ 22.

(1) The head of the national undertaking shall be the director who shall conduct his or her activities, represent the national undertaking and act on its behalf. The director is in charge of the race.

(2) The Director shall decide on the matters of the national undertaking separately, unless it is provided in individual cases that he or she needs the Director-General's or the Minister-General's prior consent to take his or her decision.

(3) The Director shall be under the direct authority of the Director-General. He's responsible for his duties.

(4) The Director shall, where he has deserved it, be specifically remunerated from the Directorate-General's resources under the directives issued by the Minister for Labour and Social Welfare in agreement with the Minister for Labour and Social Welfare and with the central body of the Single Trade Union.

§ 23.

(1) The Director of a National Enterprise shall be appointed and dismissed by the Director-General after hearing the Central Authority of the Single Trade Union Organisation.

(2) Only a Czechoslovak citizen can be the director, who must be state-of-the-art, human-democratic, committed, civil and moral, and able to perform this function.

(3) The Director shall not engage in employment, function or activity contrary to the interests of the national undertaking.

(4) The Director shall promise the Director-General to carry out his duties conscientiously in accordance with the interests of the State; the promise shall also be confirmed in writing.

(5) The Director-General shall take note of the statement by which the Director renounces his duties and shall take effect.

(6) On the day of the promise, the Director shall assume his duties and shall become an employee of the national undertaking if he has not already been. His employment relationship shall cease on the day on which he was withdrawn or on the day on which it was noted that he was renounced. If the employment relationship has not been terminated in circumstances for which otherwise the employment may be cancelled prematurely, the salary shall be payable to the Director for the period of notice laid down in the general rules.

(7) The appointment and removal of the Director shall not be subject to rules on the co-operation of the race council in the recruitment and assignment of staff to posts, following the rules on the approval of the race council in the dismissal of staff; there is also no need for the consent of the body otherwise required in the negotiation and dissolution of the contract.

§ 24.

(1) In the absence or busy presence of the Director, the Director shall be represented in full by his / her powers as a representative under the regulations on such matters (§ 40). The provisions of the Deputy Director shall not apply to the rules on the co-operation of the race council in the assignment of staff to posts.

(2) In addition to the Director and his representatives, persons authorised by the Director under his authority may act on behalf of a national undertaking to the extent of the authorisation granted.

§ 25.

The national undertaking shall notify its director and his representative for registration in the company register. Such persons shall be signed before a court or shall submit their signature in a certified form. The signature of the undertaking shall be such that the Director (representative) shall attach his signature to the printed or written name of the undertaking.

§ 27.

The Director and the persons who represent or procure the national undertaking shall be responsible for the damage caused to the national undertaking. Replacement is enforced by order of law.

Oddíl VI.

Staff.

§ 28.

(1) The employment and wage ratios of employees of national enterprises are governed by the rules applicable to employees covered by the Act on State Labour Policy.

(2) Unless otherwise provided for in this law or regulation, the staff of a national undertaking shall be recruited and assigned to posts after consultation of the race council. Their release requires the consent of these authorities.

Oddíl VII.

Developing production forces and increasing labour productivity.

§ 30.

In order to develop production forces and increase labour productivity, national businesses must take care of deepening planning, ensuring conditions for a continuous and general increase in the technical level of production, improving labour organisation, taking care of the selection, deployment and growth of cadres, and promoting socialist competition, in particular, hitting and improving movements.

Oddíl VIII.

Financial management.

§ 31.

The financial management of national enterprises and general and regional directorates (§ 35 et seq.) will be adjusted separately.

Oddíl IX.

Top management and supervision of national enterprises.

§ 32.

(1) National undertakings are subordinate to the management and supervision of the State, which is provided by the minister of substance, in so far as it is not the responsibility of the Government under this law.

(2) Unless already provided for in this law, the detailed scope of the management of national undertakings and the supervision of them shall be determined by the Minister responsible for matters.

§ 33.

(1) The tasks which fall within the competence of the management and supervision of the senior management under Paragraph 32 (2) shall be carried out by the Minister responsible in principle through its subordinate Directors-General, in such a way that the performance of these tasks is the responsibility of the Directors-General, not of the matters which the Minister has reserved for himself. The Director-General shall be obliged to follow the directives and instructions of the Minister responsible for matters.

(2) Where, for national reasons, national undertakings in Slovakia are not directly subordinate to the Director-General or to the Minister-General in substance, the Directors-General shall exercise his authority over them through the Regional Directors, subordinate to the delegates. The Regional Director shall follow the guidelines and instructions of the Director-General. With the knowledge of the Regional Director, the Director-General may also inspect national enterprises in Slovakia directly.

(3) The Minister responsible for the matter will determine to which Director-General each national undertaking is subordinate.

(4) The Minister responsible for the matter may immediately subject the national undertaking to its powers and exercise jurisdiction over it in all its matters or in individual cases and may delegate tasks to the Director-General in other matters. Measures taken under the first sentence shall take the place of measures of the bodies otherwise competent under this Law.

§ 34.

(1) The Director-General shall be appointed and dismissed by the Government on a proposal from the Minister in question. The Regional Director shall be appointed and dismissed by the Minister responsible for matters.

(2) On a proposal from the Director-General, the Minister-General shall appoint and remove the Deputy Director-General in substance, who shall represent the Director-General in full responsibility in his absence or in his absence. If it names several representatives, it shall determine their order. The Director-General shall define for each representative a specific section of his or her competence for which he or she is responsible.

(3) The Director-General is personally responsible for carrying out the tasks assigned to subordinate national undertakings under the Single Economic Plan.

(4) Paragraph 23 (2) to (7) applies mutatis mutandis to the Director-General (representative); the promise referred to in paragraph 4 of that paragraph shall be made by the Director-General or his representative to the Minister, in substance, who shall also take note of their declaration under paragraph 5 of that paragraph.

§ 35.

(1) The measures of the Directors-General are prepared and administered by the Directorate-General (Regional Directorate), which is set up by the Government on a proposal from the Minister in question. The Government shall determine its name and registered office for the Directorate-General. The Directorate-General shall abolish the Government on a proposal from the Minister of Matters.

(2) The Minister-General may delegate to the administration of national property falling within his or her competence the matter.

(3) With the entrustment of the assets of a nationalised enterprise to the administration of the Directorate-General, the liabilities of that enterprise are transferred under the nationalisation rules. In agreement with the Minister for Finance, the Minister responsible for the matter shall determine which obligations are to be transferred to the administration of another national property to the Directorate-General; These obligations pass on under the conditions and with legal effects provided for in the second and third sentences of Paragraph 5 (2).

(4) The establishment of the Directorate-General shall be subject to the issue by the Minister-in-Office of a document stating its name, registered office and the date on which the Directorate-General takes over the assets entrusted to him and on which the obligations relating to such assets are transferred; The same goes for changes.

§ 36.

(1) The Directorate-General (Regional Directorate) shall be led by the Director-General (Regional Director), who shall decide separately on its matters, unless it is established on a case-by-case basis that he needs prior agreement from the Minister (Director-General) in question. The Director-General shall be responsible for the activities of and the management of the Directorate-General.

(2) The activities of the Directorate-General shall be governed by its plan, which shall be aimed at meeting the plans of subordinate national undertakings. Part of the plan is the budget under which the Directorate-General is obliged to manage. The General (Regional) Directorate-General's plan shall be approved by the Minister responsible (Director-General).

(3) The budget of the Directorate-General sets out the conditions under which the allocation to its farm fund of workers is to be made. The principles for determining such allocations shall be laid down by the Minister responsible in substance. The allocation shall be made to the Enterprise Fund of Workers within 14 days of the clearance of the Directorate-General's accounts; the minister of the matter may authorise the payment of advances per allocation.

(4) Where the Regional Director is the executive body of two or more Directors-General, the Minister-General shall, in substance and under what conditions, exercise the authority of the Director-General in relation to the Regional Directorate.

(5) Paragraphs 10, 11, 12, 47 and 48 apply mutatis mutandis to the assets entrusted to the Directorate-General and to the commitments relating to its operation. Furthermore, the provisions on national undertakings contained in this Act in addition to Sections 1, 2 and 4 to 9, Sections 14, 15 (1), 21, 22 (1) to (3), 24 and 25, 29 (1) second and third sentences, Sections 39 and 41, 42 (1) and 43 to 46 apply mutatis mutandis to the Directorate-General; the provisions of other provisions applicable to national undertakings also apply to the Directorate-General, unless a government regulation provides for a derogation.

§ 37.

The Minister-General may authorise the Directors-General to carry out other tasks in accordance with the rules which are his responsibility.

§ 38.

(1) National undertakings and Directorates-General are subject to the supervision of the State, provided by the Minister in question, on all aspects of the activity.

(2) If the Director-General is in charge of an irregularity threatening the performance of the planned tasks, the Minister responsible may, in substance, take provisional measures.

§ 39.

The Minister responsible for the matter may entrust the national committee to carry out and supervise the various tasks of the management of national undertakings under his responsibility.

§ 40.

The Statute of National Industrial Enterprises, which will be published by the Government by the Decree, will determine the guidelines for national enterprises, in particular on management, organisation, business plan, work and workers, the care of cadres, means of production, technology, production process and product, financial management, business funds of workers and senior management and State supervision. On the basis of the spirit of this Statute, the national enterprises proceed according to the principles adopted by it to fulfil their mission.

Oddíl X.

Changes in the assignment.

§ 41.

In agreement with the Minister for Finance, the Minister responsible for the matter may subject the Director-General and the undertakings set up under other legislation to the extent that they fall within his competence. If the Minister responsible for the matter does not provide by way of derogation for such undertakings, the provisions applicable to national undertakings under this law shall apply mutatis mutandis.

§ 42.

(1) The Minister responsible for the matter may exclude a national undertaking from its organisation under this law and, in agreement with the Minister responsible, refer it to the measure in accordance with the rules which it is competent to implement. The provisions of this Law shall apply mutatis mutandis if, pursuant to those rules, the circumstances of such a national undertaking are not modified.

(2) The Minister in question may remove or transfer the assets or liabilities of the national undertaking from his or her own field of activity or, in agreement with the Minister in question, into his or her jurisdiction in order to take measures of his or her own field of activity.

(3) In an agreement with the Minister for Finance, the Minister responsible may delegate to the national undertaking a liability belonging to national assets.

(4) The transfer of the undertaking referred to in paragraphs 2 and 3 shall exempt the former debtor. Such a transition does not require the authorisation of the creditor.

Oddíl XI.

Cancellation of the national enterprise.

§ 43.

(1) In an agreement with the Minister of Finance, the Minister responsible for the matter shall abolish the national undertaking and shall also determine how the property of the deleted national undertaking is to be dealt with. The Secretary of State responsible for the revocation shall issue a document.

(2) At the request of the liquidator, the cancellation of the national undertaking shall be entered in the company register.

§ 44.

(1) Where a national undertaking is cancelled, except in the cases referred to in the second sentence of Paragraph 6, the Director-General shall appoint a liquidator; the Director-General may dismiss the liquidator.

(2) The Director-General shall declare the appointment and removal of the liquidator for registration in the company register.

§ 45.

(1) The liquidator may only monetize the assets of the deleted national enterprise unless otherwise provided for by the Minister in question.

(2) The liquidation surplus of the deleted national enterprise will be paid by the liquidator of the National Economy Fund.

(3) On completion of the liquidation, the books and files of the deleted national enterprise shall be submitted to the competent Directorate-General.

§ 46.

(1) The liquidator shall be subject to the supervision of the Director-General and the Minister responsible in substance.

(2) The provisions of Sections 16 and 27 of Section 16 apply mutatis mutandis to the personal liability of the liquidator and to the recovery of the damage caused by it.

Oddíl XII.

Transitional provisions.

§ 47.

The amendment of the entries in public books under Czechoslovak law, which were carried out by the date of the entry into force of this Act, shall be made in accordance with specific provisions. Adjustments to such entries which have been made in other cases, under the Czechoslovak law kept by official registers and lists, shall be made in accordance with the regulations issued by the Government by the Regulation.

§ 48.

(1) The lien relating to the assets referred to in Article 11 shall cease without compensation and shall be deleted by the library court from the draft national law. The liabilities for which the lien was established remain unaffected.

(2) Under which conditions other rights in rem, either library or non-library, shall cease to exist in respect of the assets referred to in Section 11, the Government shall amend the Regulation.

(3) The provisions of paragraphs 1 and 2 do not apply to cases in which the Government authorises an exemption on a proposal from the Minister of Finance, acting in substance.

§ 49.

Excluded functions of board members under § § § 20 and 21 of Decree No. 100 / 1945 Coll., on the nationalisation of mines and certain industrial enterprises, as amended by Article II of Act No. 114 / 1948 Coll., on the nationalisation of certain other industrial and other enterprises and establishments and on the modification of certain relationships of nationalised and national enterprises, and under § § 17 and 18 of Decree No. 101 / 1945 Coll., on the nationalisation of certain enterprises of the food industry, as amended by Article II of Act No. 115 / 1948 Coll., on the nationalisation of other industrial and other production enterprises in the food sector, and on the modification of certain relationships of the nationalised and national enterprises of this sector.

§ 50.

The reserve fund pursuant to Article 18 of Decree-Law No 6 / 1946 Coll., which issues the status of national industrial enterprises, and Article 36 of Decree-Law No 77 / 1946 Coll., which empowers the Statute of National Food Enterprises, shall be transferred on 31 December 1949 to the ordinary assets of the national enterprise.

§ 51.

The central and regional authorities established under the provisions in force so far shall be deleted on a date to be determined by the minister of substance. On the proposal of the relevant Directorates-General, the court shall delete from the commercial (corporate) register the national undertakings by which the central (regional) authorities established under the regulations currently in force have managed to procure joint matters for subordinate national undertakings.

§ 52.

(1) The National Recovery Fund shall be charged to the National Economy Fund by an amount equal to the compensation for confiscated property within the scope of its application pursuant to Article 4, which shall be determined mutatis mutandis in accordance with the principles for determining compensation for the nationalised property.

(2) The Government will determine how the balance of mutual claims between the National Recovery Fund and the National Economy Fund will be balanced.

§ 53.

The legal acts, documents, submissions for registration in public books and registers and official acts necessary for the implementation of this Act or for the preparation of such implementation, as well as the submission of national undertakings and Directors-General (Directorate-General) to the Ministry responsible for matters, shall be exempt from taxes, fees and charges. This does not apply to the business activities of the national undertaking, to transfers of assets from the national undertaking which does not acquire the management of the entrusted assets pursuant to Article 10, to the registration of changes made after the registration of the national undertaking and to the entries made on the proposal of the liquidator of the deleted national undertaking.

Oddíl XIII.

Repeal, authorisation and final provisions.

§ 54.

On 31 December 1949, Sections 16, 18 and 21 (1) (b) and 2 (b) of Decree-Law No 6 / 1946 Coll. and Sections 34, 36 and 39 (1) (1) (b) and 2 (1) (b) of Decree-Law No 77 / 1946 Coll. The other provisions of these Regulations shall cease to apply on the date of the entry into force of this Act.

§ 55.

In agreement with the Central Authority, the Minister responsible shall determine the date on which workers' business funds are set up in national enterprises, as well as the planning period for which workers' business funds are allocated. From the first day of this period, the relevant national undertakings and central and regional authorities are not subject to the provisions of § § 24 and 32 of Decree No. 104 / 1945 Coll., on racing and business councils, as amended by Act No. 188 / 1948 Coll., amending and supplementing certain other provisions of the decree of the President of the Republic on racing and corporate councils. The claims of the single fund working on the share of net profit over the period preceding that date shall remain unaffected.

§ 56.

Measures taken in accordance with the provisions of this Act before the date of its entry into force and the provisions laid down therein shall be deemed to have been taken under the law from the date of the measures.

§ 57.

The Government may, by regulation, extend the provisions of this Act to national enterprises in the field of other ministries, providing for appropriate derogations for them.

Citation	Act No. 103 / 1950 Coll., on National Industrial Enterprises
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	26.07.1950
Effective from	01.07.1950
Effective until	-
Status	Valid

Act No. 103 / 1950 Coll.

Act on National Industrial Enterprises

Contents