Act No. 108 / 1950 Coll.
Act amending and supplementing the provisions on the nationalisation of certain food industry enterprises
Valid
Effective from 01.07.1950
108.
Law
of 13 July 1950
amending and supplementing the provisions on the nationalisation of certain food industry undertakings.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The Decree of the President of the Republic No. 101 / 1945 Coll., on the nationalisation of certain food industry enterprises, as amended by Act No. 115 / 1948 Coll., on the nationalisation of other industrial and other production and plant plants in the food sector and on the modification of certain ratios of the nationalised and national enterprises in that field, is amended as follows:
1.
"(a) to undertakings owned by, and directly operated by, profit and economic communities established under Law No 70 / 1873 / EEC, which are owned by cooperatives established under § § 223 et seq., Article XXXVII / 1875, Article XXXVII / 1875, Article XXXVII / 1875, 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;"
Article 2 (1) (4) reads as follows:
"(4) If the conditions for nationalisation under this decree are fulfilled, the Minister of Nutrition shall decide. '
3.
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. '
4. The new § 4a is inserted after § 4:
Where, 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 where 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 to another legal person in order to take action on it in his own field, or may delegate it to communal undertakings or to replace it in accordance with Article 7. ';
5.
(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 conferring the nationalised property on the administration of the authorities in the field of nutrition or other 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. '
6.
"(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. '
7. Paragraph 5a (3) (a) reads as follows:
"(a) the obligations arising from creditors' claims to exclude cases from the property taken over shall remain unaffected, provided that such claims have not been destroyed by nationalisation;"
8. 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 commitments shall also be considered as liabilities referred to in point (b) if they are not covered in the manner stated therein; ';
(9) The heading of Section II shall be deleted.
10.
Paragraph 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 cases covered by this Decree, where, according to the provisions mentioned above, the competence of the Minister of Industry is given, that competence of the Minister of Nutrition shall apply. '
11. § 8 to 23 is deleted.
Article I of Act No. 115 / 1948 Coll. is amended as follows:
1. Paragraph 1 (2) (a) reads as follows:
"(a) undertakings and establishments owned by, and directly operated by, profit and economic associations established pursuant to Law No 70 / 1873 / EEC, in Slovakia owned by cooperatives established under § § 223 et seq., Article XXXVII / 1875, Article XXXVII / 1875, Article XXXVII of the Commercial Act, with the exception of the undertakings and establishments referred to in paragraph 1 (1) and (2), and the undertakings and establishments designated by the Minister of Food in agreement with the Central Council of the Unions, the Central Council of the Republic of the Czechoslovak and Central Council of Cooperatives;"
2.
"(3) If the conditions for nationalisation referred to in Article I are fulfilled, the Minister of Nutrition shall decide. ';
3.
If the conditions for nationalisation of the property referred to in Paragraph 1 are met after 1 January 1948 or if the Minister of Nutrition determines after that date that the property covered by Paragraph 1 (2) (a) is not exempt from nationalisation, such property shall be nationalised on a date to be determined by the Minister of Nutrition; the reporting period referred to in Article 2 (1) shall begin on the date on which the conditions for nationalisation are met. Otherwise, the provisions of Paragraph 2 shall apply mutatis mutandis. '
4.
The creation of new businesses and operators irrespective of their size in sectors nationalised under § 1 (1) Nos 1 to 4, 6 to 8, 11, 12 and 19 shall be reserved for the State. On the proposal of the Minister of Nutrition, the government may lend this right. "
5.
Where, in the field of competence of the Minister of Nutrition, assets nationalised under Article 4 (1) (a) (ii) of Regulation (EU) No 1308 / 2013 are subject to the following conditions: I shall not use it to establish a national enterprise or to integrate it into a national enterprise, 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 to the authority of that Minister to take action on it in his own field of activity, or to leave it to communal undertakings or for compensation determined in accordance with Article 6 to other legal persons. '
6.
The provisions of Sections 4, 5 and 5a of Decree No. 101 / 1945, as amended, apply to nationalisation under the previous provisions and to the consequences and measures resulting therefrom. Furthermore, the provisions of Sections 37, 38, 40, 41 and 43 to 47 of Decree No. 100 / 1945 Coll. as amended by the regulations amending it and by the provisions of Sections 5 and 6 of the Act No. 114 / 1948 Coll., on the nationalisation of certain other industrial and other establishments and on the modification of certain conditions of nationalised and national enterprises, as amended by Article II of Act No. 106 / 1950 Coll., in so far as those provisions give rise to the competence of the Minister of Food. '
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 Nutrition modifies and declares in the Collection of Laws the full text of Decree No. 101 / 1945 Coll., as follows from 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) Article I (1) and (3) to (8), as well as Article III, shall become effective on 27 October 1945, Article II (1) and the other provisions of this Law on 1 July 1950.
(3) This law will be implemented by the ministers of nutrition and finance in agreement with the members of the government involved.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Cable v. r.
Ing. Jankovcová v. r.
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Regulation Information
| Citation | Act No. 108 / 1950 Coll., amending and supplementing the regulations on the nationalisation of certain food industry 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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