Act No. 106 / 1950 Coll.
Act amending and supplementing the regulations on mine nationalisation and certain industrial enterprises
Valid
Effective from 01.07.1950
106.
Law
of 13 July 1950
amending and supplementing the provisions on the nationalisation of mines and certain industrial enterprises.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The Decree of the President of the Republic No. 100 / 1945 Coll., on the nationalisation of mines and certain industrial enterprises, as amended by Act No. 114 / 1948 Coll., on the nationalisation of certain other industrial and other enterprises and establishments and on the modification of certain relationships between nationalised and national enterprises, shall be amended as follows:
Article 1 (5) reads as follows:
"(5) If the conditions for nationalisation are fulfilled under this decree, the Minister of Industry shall decide. '
2.
The creation of new businesses and operators irrespective of their scope in sectors nationalised under § 1 (1) Nos 1 to 3, 5, 7, 8, 9, 11, 15, 19 and 27 shall be reserved for the State. This right may be conferred by the Government on the proposal of the Minister of Industry. '
3. The new § 4a is inserted after § 4:
If, in the field of competence of the Minister of Industry, the assets nationalised under this Decree are not used to establish a national undertaking or to be incorporated into a national undertaking, or if such assets are not entrusted to the administration of the authorities in that field, the Minister of Industry may, in agreement with the Minister of Finance and with another Minister, transfer them to other legal persons in order to take action in his own field of activity, or may delegate them to communal undertakings or to replace them in accordance with § 8. ';
4.
(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. When assets are incorporated into several national enterprises, the Minister of Industry shall designate the undertakings of each national undertaking.
(2) In an agreement with the Minister of Finance, the Minister of Industry will determine which obligations of the nationalised enterprise are transferred with the assignment of the assets of the nationalised enterprise 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 commitments if the property is entrusted to the authorities in the field of industry or transferred to another minister or transferred to municipal undertakings or other legal persons under Paragraph 4a.
(4) The Minister of Industry 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 assets transferred under Paragraph 4a to another Minister or transferred to a municipal undertaking or other legal entity.
(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 obligations shall not be transferred with or be satisfied with property incorporated into a national undertaking or entrusted to the administration of the authorities referred to in paragraph 2 or with which action has been taken or which has been delegated pursuant to 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 authorities in the field of industry 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. '
Article 5a (1) reads as follows:
"(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. '
6. Paragraph 5a (3) (a) reads as follows:
"(a) the obligations arising out of creditors' claims to exclude cases from the property taken over shall remain unaffected, provided that such claims have not been destroyed by nationalisation;"
7. Paragraph 5a (3) (c) reads as follows:
"(c) other liabilities which, according to the order applicable to them [point (d)], will not be fully covered by the difference between the general price of the assets of the nationalised undertaking and the value of the liabilities that will remain unaffected under points (a) and (b) shall be satisfied on a pro rata basis. Such liabilities shall also be considered as liabilities referred to in point (b) if they are not covered in the manner stated therein; ';
8. Article 7 (6) reads as follows:
"(6) The Minister of Finance shall decide whether a physical or legal person falls under the provisions of paragraphs 1, 2 or 3 in agreement with the Minister of Finance in question. ';
9. Paragraph 8 (3) (a) reads as follows:
"(a) unexploited mineral wealth,"
10. Article 8 (4) shall be deleted;
11.
(1) Compensation for nationalised property is granted
(a) in the performance of similar national insurance benefits,
(b) securities (Section 10 (2)),
(c) cash,
(d) other values.
(2) The granting of the refund referred to in paragraph 1 (a), as well as the principles governing the granting of the refund in cash and at other levels, is regulated by the Government by the Regulation.
(3) The legal person or company may be cancelled by the Ministry of Finance after the commencement of the refund procedure. If it does so, it shall establish a liquidator who shall declare the cancellation to be entered in a company register and take the measures prescribed for the liquidation of a legal entity or company.
(4) The provisions of paragraph 1 (a) and the provisions issued for its implementation pursuant to paragraph 2 may be applied mutatis mutandis to the shares which would qualify for compensation to physical persons as a result of their participation in the repealed legal person or company, even before the expiry of the period applicable to the distribution of the assets of the legal person or company.
(1) A National Economy Fund (hereinafter referred to as "the Fund") with its registered office in Prague, which is a separate legal entity, is set up for the performance of the replacement service.
(2) In order to grant the compensation provided for in Article 9 (1) (b), the Fund shall issue securities which shall be remunerated and recovered from the Fund. Their remuneration and amortisation shall be guaranteed by the State; they can be used to store the money of minors and guardians. The government shall adjust the remuneration and amortisation of securities by regulation.
(3) In cases where, pursuant to Section 7, compensation is not granted for the national property, the amount shall be the corresponding amount of the Fund.
(4) The Government shall adapt the organisation, management and management of the Fund by means of a regulation.
(1) The Minister of Finance shall decide on the reimbursement and the arrangements for granting the refund in agreement with the Minister in question.
(2) By granting the performance referred to in Article 9 (1) (a) to the persons entitled to the refund or to whom the refund would constitute the amounts referred to in Article 9 (4), the refund shall be deemed to have been paid.
(3) The Minister of Finance shall determine how the shares of public limited liability companies and the records of persons involved in public limited liability companies and other legal entities whose assets have been nationalised are to be dealt with.
(4) The refund provided for in Article 9 (1) (b) to (d) shall be paid within six months of delivery of the refund notice.
(5) The rules on administrative procedures shall apply to the refund procedure. '
12. Paragraph 37 (1) to (3) reads as follows:
"(1) Until a nationalised undertaking or property has been incorporated or entrusted to the administration, the person to whom that undertaking or property belonged shall be obliged, in the case of legal persons and other associations or sets of persons, to represent it under the personal responsibility of the authority responsible for its administration and the care of the proper economy. The same applies to the national administrator established in accordance with the rules on which it is issued.
(2) For the time being, persons who are obliged to lead the administration and matters referred to in paragraph 1 shall have the rights and obligations of the management of the national undertaking during that activity. They are responsible for the damage they have caused by their fault; Where several persons are entrusted with the administration and management of matters, they shall be responsible for the damage caused by the hands in common and in no different manner.
(3) Persons who are required to conduct the interim administration and matters referred to in paragraph 1 shall be entitled to an appropriate remuneration from an undertaking the size of which is determined by the Ministry of Industry. "
13.
The rights and obligations arising from the operation of a nationalised enterprise up to the date of takeover shall be one of its assets. ';
14. Article 39 shall be deleted;
15.
Legal acts, documents, filing for registration in public books and registers and official acts necessary for the implementation of this decree shall be exempt from taxes, fees and charges. However, this exemption does not apply to the business of a nationalised enterprise (§ 37 (1)) and to the measures taken by the liquidator in the liquidation of a legal entity or company (§ 9 (3)). '
16. The new Paragraph 40a is inserted after Paragraph 40:
Legal acts, documents, submissions for registration in public books and registers and official acts necessary for the implementation of this Decree shall be exempt from taxes, fees and charges. This shall not apply to commercial activities, to transfers of assets or property rights from national undertakings to persons other than national undertakings and to ordinary transactions terminated by the liquidator. ';
17.
(1) The proceeds (pensions) obtained from a nationalised enterprise up to the date of takeover form part of the basis for the assessment of the tax on pension, general and special taxes on earnings and on the income of the last owner of the nationalised enterprise before its nationalisation.
(2) In the field of turnover tax and price compensation, the national undertaking shall have the status of turnover tax payer until the date on which the takeover measure was granted. '
Article I of Act No 114 / 1948 Coll. is amended as follows:
1.
"(a) undertakings and establishments owned by, and directly operated by, the associations of profitable and economic associations established under Law No 70 / 1873 of the Czech Republic, concerning the associations of profitable and economic enterprises, in Slovakia owned by cooperatives established under § § § 223 et seq., Article XXXVII / 1875, Article XXXVII / 1875, and by them, with the exception of undertakings and establishments designated by the Minister of Industry by 31 December 1948 at the latest in agreement with the Central Council of Trade Unions and the Central Council of Cooperatives,"
Article 2 (1) (4) reads as follows:
"(4) If the conditions for nationalisation referred to in Article I are fulfilled, the Minister of Industry shall decide. ';
3.
It is reserved for the State to set up new businesses and operate them regardless of their size in sectors nationalised under § 1 (1) (1) to (24). On a proposal from the Minister of Industry, the Government may confer this right. "
4. Article 5 (2) reads as follows:
"(2) In accordance with the provisions of the applicable Opposition Law, the defendant may be dismissed within two years of the date of the measure incorporating the nationalised property or conferring it on the administration. '
5.
(1) It is also for this law to be replaced; The provisions of Sections 7 to 11 of Decree No. 100 / 1945 Coll., as amended, amend and supplement it, unless otherwise specified.
(2) Reimbursement shall not be granted for property nationalised pursuant to Article I which, at the date of nationalisation, belonged or belonged to persons who have been or will be lawfully convicted of criminal or criminal offences committed until the date of nationalisation
(a) after 5 May 1945 pursuant to Act No. 50 / 1923 Coll., for the protection of the Republic, as amended by its amendments, or Act No. 231 / 1948 Coll., for the protection of the People's Democratic Republic; or
(b) pursuant to Article 43 of Decree No. 100 / 1945 Coll., as amended by it amending and supplementing it, or
(c) pursuant to Act No. 15 / 1947 Coll., on the prosecution of black trade and similar affairs, or
(d) pursuant to Act No. 27 / 1947 Coll., on the Criminal Protection of the Implementation of a Two-Year Economic Plan; or
(e) pursuant to Act No. 165 / 1946 Coll., on the criminal protection of national enterprises, nationalised enterprises and enterprises under national administration.
(3) In cases where, pursuant to paragraph 2, no compensation is granted for the nationalised property, the amount shall be that corresponding to the Fund. ';
6.
Where, in the field of competence of the Minister of Industry, the property is nationalised pursuant to Article 5 (1) (b) of Directive 2014 / 65 / EU. The Minister of Industry may, in agreement with the Minister of Finance and with another Minister, transfer such assets to the Ministry of Finance in order to take action in his own field of activity or to leave them to municipal undertakings or to replace them in accordance with Article 6. ';
7.
For nationalisation under the previous provisions and the consequences and measures resulting therefrom, the provisions of Sections 4, 5, 5a, 37, 38, 40, 41 and 43 to 47 of Decree No. 100 / 1945 Coll., as amended, shall apply to it changing and supplementing it. '
(1) Sections 12 to 36 and Sections 40a and 42 of Decree No. 100 / 1945 Coll., as amended by Article II of Act No. 114 / 1948 Coll., do not apply to national undertakings under Act No. 103 / 1950 Coll., on National Industrial Enterprises.
(2) The provisions referred to in paragraph 1 are deleted from the date laid down by the Minister of Industry by the Regulation.
The government shall, by regulation, adjust the employment and wage ratios as well as the additional pension security of employees who served in a pragmatic or regulated service by the date of integration of the nationalised enterprise.
The Minister of Industry shall adapt and publish in the Collection of Laws the text of Sections I, II, IV with the exception of Sections 40a, 42 and V of Decree No. 100 / 1945 Coll., as is apparent from the later regulations.
(1) Measures taken in accordance with the provisions of this Act before the date of its entry into force shall be deemed to have been taken under this Act from the date of the measure.
(2) Articles I (2) to (7), (9) and (11), in so far as they amend the provisions of Article 10 of Decree No 100 / 1945 Coll., and Articles 12 to 14, as well as the provisions of Article IV, shall take effect on 27 October 1945, the provisions of Article II (2) on 1 January 1948 and the other provisions of this Law on 1 July 1950.
(3) This law will be implemented by industry and finance ministers in agreement with participating members of the government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Cable v. r.
Kliment v. r.
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Regulation Information
| Citation | Act No. 106 / 1950 Coll., amending and supplementing the regulations on the nationalisation of mines and certain industrial enterprises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.07.1950 |
|---|---|
| Effective from | 01.07.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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