Act No. 115 / 1948 Coll.
The Act on the nationalisation of other industrial and other manufacturing enterprises and food establishments and on the treatment of certain proportions of nationalised and national enterprises in that field
Valid
Effective from 01.01.1948
115.
Law
of 28 April 1948
concerning the nationalisation of other industrial and other production and food plant establishments and the modification of certain relationships between nationalised and national enterprises in that field.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) On 1 January 1948 they shall be nationalised:
1. firms and establishments in the spirit sector, except those in which only fruit or wine growers are processed exclusively by their own domestic harvest or grape marc and yeast which fall out from their own domestic crops in the production of wine, in which spirit drinks are obtained
(a) by distillation of a spirit of fermented vegetable sugar or starchy substances, with added water or sugar,
(b) mixing such distillates with authorised additives; or
(c) by mixing alcohol (ethyl alcohol) with permitted additives,
2. alcohol refinery;
3. breweries,
4. malts,
5. dairies which are considered after business operations by undertakings in which milk treatment is carried out or in which milk is processed into dairy products by means of a technical establishment;
6. undertakings and establishments in the field of the production of artificial edible fats, pressing and extraction of oils and fats of plant and animal origin,
7. undertakings and plants in the field of yeast vinegar production,
8. undertakings and establishments in the field of starch production and starch derivatives,
9. undertakings and establishments in the field of the production and treatment of grape wine, in so far as the processing of grapes grown on the holding of the same owner is not predominantly concerned;
10. Undertakings and plants in the field of the production and processing of fruit, malt and artificial wines, in so far as they are not mainly processed by the agricultural or forestry holding of the same owner,
11. undertakings and establishments in the field of the production of essential oils (essential oils) and punishments, operated after trade,
12. undertakings which, after trade, carry out quick freezing of foodstuffs by means of machinery;
13. refrigerators and freezers, operated as food storage plants, equipped with machinery, in so far as they are not auxiliary equipment of an undertaking having another business, mainly serving the operation of that undertaking,
14. mills which have, according to their actual state or according to the data provided on 1 January 1948, in the records of the mill register at the Union for the Management of Cereals in Prague, Slovakia in the Register of Mylnář Headquarters at the Slovak mill cooperative in Bratislava, a plant for the processing and processing of cereals for human nutrition of a total milling length of at least 7000 mm or on 1 January 1948, an allocation number for commercial milling (in Slovakia the contingent of commercial milling) of at least 1.000 tonnes; a mean of grinding stones, multiplied by 0,75, a diameter of rexes and similar grinding machines multiplied by 1,5, a grinding width of sodium multiplied by 2, and a grinding length of phallals and a phenom multiplied by 1,5, shall be included in the milling length;
15. binders equipped with one or more automatic or semi-automatic presses of any kind designed for a total output of at least 200 kg pasta per hour;
16. undertakings and plants for the production of cereal flakes equipped with machinery, designed to process at least 5 tonnes of grain per 24 hours,
17. bakeries which have at least 40 m2 of all meticulous areas, including the overcooking area,
18. Undertakings and establishments in which meat is processed into meat products after trade, provided that they are operated by means of an establishment allowing the processing of at least 25 tonnes of meat per month on 25 working days and 8 hours working hours, in which the meat means all parts of slaughtered bovine animals, swine and sheep's beard, goats, horses, donkeys and mules, where they are fit for human consumption;
19th pepper mill,
20. All other industrial and other manufacturing undertakings in the food sector, provided that the number of persons employed or active in the undertaking has reached 50 persons at any time since 1 January 1946. When determining that number, the sum of all persons employed or active in an undertaking shall be determined regardless of where they work or worked.
(2) Paragraph 1 shall not apply to State property or to:
(a) undertakings and establishments owned by, and directly operated by, associations of profit and economic associations established under Law No 70 / 1873 of the Czech Republic, on the associations of profit and economic cooperatives established under § § 223 et seq., Article XXXVII / 1875, on 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 Czechoslovakia and the Central Council of Cooperatives;
(b) undertakings and establishments which, on 1 January 1948, were owned and directly operated by the associations of the People's Administration, with the exception of the undertakings and establishments referred to in paragraphs 1, 1 and 2, and undertakings and establishments designated by the Government by 31 December 1948 at the latest on a proposal from the Minister of Nutrition, Slovakia, after hearing the nutritionist,
(c) undertakings and establishments which, in agreement with finance and agriculture ministers in Slovakia, also after the hearing of food, finance, agriculture and land reform delegates, exclude them 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;
(d) undertakings and plants for the extraction of kitchen salt and its further processing and treatment for disposal in the unchemically unaltered state.
(3) If the conditions for nationalisation referred to in Article I are fulfilled, the Minister of Nutrition shall decide accordingly.
(1) Persons who are required to manage a nationalised enterprise or property for the time being (§ 6) shall report to the Ministry of Nutrition, the specimen of which shall be published by the Minister of Nutrition in the Official Journal. This report shall be submitted within 15 days of the date of publication of the model. The persons invited by the Ministry of Food must also be co-involved in the proceedings. The report shall also be signed by the race board or by a race confidant; if the previous owner or holder of a nationalised enterprise or property is not reporting, he shall be obliged to add his observations to it.
(2) The existing owners or holders of undertakings nationalised pursuant to § 1 and other persons shall be obliged to cooperate in drawing up the accounts for the period until nationalisation, provided that they are invited by the competent central authority.
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 a proposal from the Minister of Nutrition, the government can lend this right.
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: The Minister of Nutrition may, in agreement with the Minister of Finance and with another Minister, transfer such property to the Ministry of Finance in order to take action in his own field of activity, or may delegate it to municipal undertakings or to compensation determined in accordance with § 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 the 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.
Decree No. 101 / 1945 Coll. is amended as follows:
1.
"(3) The provisions of this Decree shall not apply:
(a) to undertakings owned by, and directly operated by, profit and economic communities established under the Law of 9 April 1873, No 70, on income and economic communities in Slovakia, owned by cooperatives established under § § 223 et seq. of Article XXXVII / 1875, on the Commercial Act, with the exception of undertakings designated by the Minister of Nutrition by 31 December 1948 at the latest in agreement with the Central Council of Trade Unions, the Central Council of the Republic of the Czechoslovak Republic and the Central Council of Cooperatives, also after the hearing of the Director of Nutrition;
(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. "
2.
"(4) The Minister of Nutrition, in Slovakia, after hearing the nutritionist, shall declare with effect the service in the Official Journal which undertakings have been nationalised by this decree."
3. Article 2 is deleted.
4.
"The right to establish new undertakings and to operate in sectors nationalised under § 1, § 1, § 1 and § 2 shall be reserved to the State. On a proposal from the Minister of Nutrition, Slovakia, made after hearing the food officer, the Government may transfer this right to any national undertaking. '
5.
"(1) By nationalisation, the State gains 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), shall not apply to the procedure for determining the extent of nationalisation. ';
6.
"(1) The national undertaking (§ § 8 et seq.), which incorporates the property of the nationalised enterprise, enters into the liabilities of the nationalised enterprise on the date of its acceptance. The obligations under which the property or plant of a national undertaking is to be taken over after the date of the entry into force of this Decree into a third party shall not be entered into by the national undertaking to which that substance or plant was incorporated. The obligations of a nationalised undertaking shall not be subject to personal taxes, levies and charges on the former owner, and the property of the nationalised undertaking or the national undertaking to which it will be incorporated shall not be liable for them. Personal taxes and levies shall mean the tax on pensions, war allowances, rent tax directly levied, property tax pursuant to the Government Decree of 16 December 1942, No 410 Coll., on property taxes, property benefits pursuant to the Law of 15 May 1946, No 134 Coll., on the levy on property gains and on the levy on property, and extraordinary benefits under the Law of 31 October 1947, No 185 Coll., on an exceptional one-off levy and exceptional levy on excess capital gains. The method of payment of these personal taxes and benefits shall be laid down by the Minister of Finance by a decree in the Official Journal. If the property is incorporated into several national enterprises, the Minister of Nutrition, Slovakia, after hearing the nutritionofficer, shall determine the measure taken pursuant to Paragraph 8, in which undertakings an individual national undertaking enters. In addition, the Minister of Nutrition shall, in agreement with the Minister of Finance, in Slovakia, also after hearing the food and finance delegates, in which undertakings belonging to non-nationalised assets, incorporated in accordance with § 8, the national undertaking enters; commitments belonging to an undertaking or establishment belonging to a State shall not be subject to obligations arising from the provision of funds by the State if they exceed the balance sheet value of assets other than capital goods. ';
(7) Paragraph 5 (3) shall be deleted;
8.
"(3) The State is not liable for the liabilities of a nationalised undertaking or other incorporated assets (§ 8) even if the liabilities under § 5a are adjusted. '
9. The new Section 5a is inserted after Section 5:
"(1) Where a nationalised undertaking or other incorporated property is overpaid on the date of the takeover, the national undertaking may ask the court to adjust the satisfaction of the undertakings belonging to that undertaking or to determine their maturity, taking into account the economic possibilities of the national undertaking, up to the general price of the assets of the overindebted undertaking or overindebted substance at the date of the takeover.
(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 from creditors' claims to exclude cases from the substance of a nationalised undertaking or other incorporated property 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 [(d)], are not fully covered by the difference between the general price of the assets of the nationalised undertaking or other incorporated assets and the value of the liabilities that will remain unaffected under (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) The law shall lay down detailed rules on jurisdiction, 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. '
10.
"Paragraph 7 to 11 of the Decree of the President of the Republic of 24 October 1945, No 100 Coll., on the nationalisation of mines and certain industrial enterprises, as amended by the Law of 28 April 1948, No 114 Coll., on the nationalisation of certain other industrial and other enterprises and on the modification of certain conditions of nationalised and national enterprises, where the competence of the Minister of Industry, after the authority of industry and trade, is given in accordance with those regulations, is the responsibility of the Minister of Nutrition, after the delegation of nutrition. '
11.
"(1) For the property of the nationalised enterprises, for the property acquired by the State of confiscation or by other means, for undertakings and establishments belonging to the State, for other assets of the State, as well as for the resources of the Fund of the National Economy, the Minister of Nutrition shall establish, in agreement with the Ministers of Agriculture and Finance, in Slovakia also after the hearing of the agricultural and land-based reform, nutrition and finance managers, national undertakings or their integration into national undertakings.
(2) The Minister of Nutrition, after hearing the Commissioner of Nutrition, is responsible for the establishment of a separate (secondary) establishment of a national enterprise.
(3) The establishment of a national undertaking or of a split (secondary) plant shall be published in the Official Journal.
(4) The Minister of Nutrition may, in agreement with the Minister of Finance, also in Slovakia after hearing the food and finance delegates, remove from national undertakings individual items of property and rights if the national undertaking does not necessarily need them for its operation and leave them in agreement with the Minister responsible for the inclusion in the undertakings, institutes or establishments which it is competent to establish.
(5) The measures referred to in paragraph 1 shall be taken in respect of property confiscated under the Order of the President of the Republic of 25 October 1945, No 108 Coll., on the confiscation of hostile assets and National Recovery Funds, as well as in respect of property, administered under Article 16 of the Law of 16 May 1946, No 128 Coll., on the nullity of certain acts of illegality and claims arising from such nullity and from any other interference in the assets of the President of the Seating Office.
(6) The scope of the assets covered by the measures referred to in paragraph 5 shall be determined by the Ministry of Nutrition in agreement with the Sovereign Office and the National Recovery Fund in Slovakia, also after hearing the nutrition delegation, in accordance with the provisions on the allocation of confiscated property. "
12.
"(1) Farmers who supply a national undertaking for the processing of beet, i.e. beet growers, on farms situated in the beet supply area of a national holding shall be granted the right of agricultural participants with the right to participate in the management of the national holding.
(2) A national undertaking is responsible for examining the principles of a sound economy in such a way that its operation does not conflict with the requirements of sound management on agricultural holdings of agricultural participants. Agricultural participants shall, when operating their holdings, examine the interests of the national holding, as appropriate to their status as agricultural participants. The proportion of the farmer to the national holding shall be governed by his interest, calculated on the basis of the beet supply.
(3) Other provisions on the status of agricultural participants shall be adopted by the Government by regulation (§ 20). '
13.
"(1) National undertakings are State property within the meaning of other provisions. They are separate legal entities. They shall be subject to the provisions on full law traders, with regard to tax rules on publicly invoiced companies and shall be subject to a fee obligation under the Charges Act with its amendments and additions. Since their establishment they have been subject to the fee equivalent provided for in § 1, § 2, point (a) of the Act of 8 April 1938, No 76 Coll., on the fee equivalent but not covered by § 8 and § 17, § 1 of the same Act.
(2) The assets transferred by the State to the national undertaking and the liabilities to which the national undertaking enters when it is set up or later shall be valued in the national undertaking in accordance with Articles 29 and 31 of the Commercial Act in Slovakia pursuant to Sections 26 and 28 of Article XXXVII / 1875. The net asset value transferred by the State to the national undertaking when it was set up shall constitute its initial Common Equity.
(3) The date on which the national undertaking takes over the assets belonging to it shall be declared in accordance with Paragraph 8 (3). ';
14.
"However, undertakings and establishments which are subject to nationalisation pursuant to § 4 (5) but do not fall individually under the provisions of § 1, § 1 or § 4, paragraph 4 and do not qualify for inclusion in a national undertaking, the Government, acting on a proposal from the Minister of Nutrition, in Slovakia, after hearing a nutritionist, may, in accordance with the provisions of Article 7, delegate to the unions of the People's Administration or to the communities of the earning and economic (cooperatives) or other legal persons for compensation for such property. '
15.
"(2) Non-national undertakings may not use the designation" national enterprise. "'
16.
"(1) On a proposal from a national undertaking, the library court shall register the transfer of ownership and other rights of a nationalised enterprise or other incorporated property on the appellant, referring to that decree.
(2) The provisions of the preceding paragraph shall apply mutatis mutandis to the indication of the transfer of rights of a nationalised undertaking or other incorporated property to a national undertaking in other official registers and lists (water register, register of aviation, milling, patent and so on).
(3) A national undertaking does not need the authorisation that would otherwise be necessary to carry out an activity according to its subject-matter [Paragraph 13 (2) (c)] under the provisions of the Trade Code (Trade Code) or other trade laws. The national undertaking shall notify the subject-matter of its business of the Office (Section 145 (d) and Section 242 (z)), which shall indicate it in a separate section of the Trade Register. The detailed rules and the extent to which the provisions of the Trade Code (Trade Code), as amended by its amendments, apply to national undertakings, are laid down in the Decree (Section 20). '
17.
"(2) National undertakings shall pay surpluses of their profits to the National Economy Fund. ';
18.
"The government, acting on a proposal from the Minister of Nutrition, shall establish national central authorities to manage national businesses and to provide business-related matters. In Slovakia, the government, acting on a proposal from the Minister of Nutrition, made after the hearing of the nutritionist, shall also establish regional authorities as appropriate. Paragraph 8, 10 to 15 and 17 shall apply mutatis mutandis to these authorities. '
19.
"(1) The management of the national undertaking shall be the responsibility of the Board of Directors and the Director who presides over it. The Government shall determine the scope of the Board of Directors by means of a regulation (§ 20). '
20.
"The Director shall conduct normal operations of the national undertaking."
21.
"(5) If the Director is not busy or is not busy, the Director shall exercise his responsibility under the personal responsibility of the Director. ';
22. Paragraph 18 (1) to (4) reads as follows:
"(1) The members of the Board of Directors of the sugar processing beet national undertaking are four representatives of agricultural participants (Section 9), two representatives of permanent staff and one representative of the State. Agricultural participants shall elect their representatives from among themselves. In the same way, permanent staff of the undertaking shall elect their representatives.
(2) The members of the Board of Directors of other national undertakings are, in addition to the Director, the representatives (representatives) of the staff elected by them from among themselves and the persons appointed by the central authority, in Slovakia by the regional authority, after hearing the volumes of the people's administration and the interest self-government.
(3) The composition of the Board of Directors of a national undertaking referred to in paragraph 1 shall not prevent several undertakings or establishments in different sectors from being merged into one national undertaking. The composition of the Board of Directors shall then be governed by the provisions laid down for the sectors designated by the Ministry of Nutrition.
(4) The Minister of Nutrition, Slovakia, after hearing the nutritionist, confirms, on the one hand, the choice and appointment of members of the Board and, on the other hand, the national undertakings referred to in paragraph 1, shall be appointed by the representatives of the State to their boards. Confirmation or appointment may be withdrawn at any time. '
23.
"(6) The members of the Board of Directors (alternates) of the Central and Regional Authorities are appointed and dismissed by the Government on a proposal from the Minister of Nutrition, made in agreement with the Minister of Agriculture and the Ministers involved, after hearing the Central Council of Trade Unions, the Central Council of the farmers of the Czechoslovak Republic and the relevant interest organisations, as regards the members of the Board of Directors (alternates) of the Regional Authority, and also after hearing the Commissioner of Nutrition.
(7) Only a Czechoslovak national citizen may be a member of the board of directors (alternate) of the national enterprise and of the central and regional authority, unless the government authorises an exemption. A board member must have expertise and experience and must be morally, statestically and nationally reliable and preserved.
(8) A member of the Board of Directors (alternate) of a national undertaking and of a central (regional) authority may not operate a gainful undertaking whose business is contrary to the interests of the national undertaking or its central (regional) authority. It shall also not perform any other function or activity contrary to those interests. ';
24.
"(1) The Director (Deputy Director) of the National Enterprise is appointed and withdrawn by the approval of the Minister of Nutrition by the Board of Directors of the Central Authority after hearing the Central Council of Trade Unions, the United Union of Czech Farmers and the relevant interest organisations. In Slovakia, the Director of the National Enterprise (Deputy Director) shall be appointed and dismissed with the approval of the Minister of Nutrition, who shall hear the nutritionaries, the board of directors of the regional authority, after hearing the competent authority of the unified trade union, the Union of Slovak peasants and the relevant industrial interest organisation. The declaration by which the Director (Deputy Director) of the National Undertaking renounces his or her duties takes note of the Central (Regional) Director, thereby making the termination of the function effective.
(2) The Regional Directors (Deputy Directors) are appointed and dismissed by the Government, acting on a proposal from the Minister of Nutrition, after hearing the nutritionist, the Central Director, the competent authority of the Unified Trade Union Organisation and the Single Union of Slovak Farmers. The statement by the Regional Director (Deputy Director) to resign his post takes note of the Minister of Nutrition after hearing the nutritionist, making the termination of the post effective.
(3) The Central Director (Deputy Directors) is appointed and dismissed by the Government on a proposal from the Minister of Nutrition, made in agreement with the Minister of Agriculture after hearing the Central Council of Trade Unions, the Central Council of the Czechoslovak Republic farmers and the relevant industrial interest organisation. The statement by which the Central Director (Deputy Director) renounces his post takes note of the Minister of Nutrition, making the termination of the function effective.
(4) Only a Czechoslovak citizen can be director (Deputy Director), who must have the expertise and experience and be morally, statestically and nationally reliable and preserved.
(5) The Director (Director) must not engage in or engage in the employment, function or other activity which is contrary to the interests of the national undertaking.
(6) The Director (Deputy) of the Central (Regional) Authority, as well as the Director (Deputy) of the National Enterprise, will promise the Minister of Nutrition to carry out his duties conscientiously in accordance with the interests of the State. In Slovakia, the Director (Deputy Director) of the National Enterprise promises the same responsibility for nutrition.
(7) The Director (Deputy Director) shall take up his duties on the day of the promise and shall become an employee of a central (regional) authority or national enterprise; his employment shall cease on the date on which he was withdrawn or on the date on which it was noted that he was renounced. If the employment has not been terminated in circumstances for which otherwise the employment may be cancelled prematurely, the Director (Deputy Director) shall be entitled to benefits for at least the period for which they would have been due if the employment had been disbanded by notice.
(8) The appointment and removal of the Director (Deputy Director) are not subject to the rules on co-decision of the staff race council on the assignment of staff to posts and the prior agreement of the Regional Labour Protection Office in the negotiation and dissolution of employment.
(9) The Government may, by regulation, adjust the professional, salary and employment conditions of the central and regional directors and their Deputy Directors of National Enterprises and their Deputy Directors.
(10) The national undertaking shall report its Director (Deputy Director) to the Commercial (Company) Register. The Director (Deputy Director) is to make his signature before a commercial court or send his signature in a certified form. It shall be signed by the Director (Deputy Director) to the printed or any written version of the company. '
25.
"The Government shall, by regulation, issue detailed regulations on national enterprises and central and regional authorities, in particular on their management, management, financing, the use of their profits, the relationship of employees to the enterprise, the control, the responsibilities of the Director and the board of directors, the status of agricultural participants, the research activities of national enterprises, the organisation of social, educational and similar funds for national enterprises and the competence of the Ministry of Nutrition in relation to national enterprises (the statute of national food undertakings). '
26. in § 21, the parentheses "(§ 23)" are deleted; Sections 22 and 23 are deleted.
27.
"IV.
Paragraph 23 to 32 and paragraphs 35 to 47 of Decree No. 100 / 1945 Coll. as amended by Law No. 114 / 1948 Coll. applies mutatis mutandis to the matters governed by this Decree, where, according to the provisions set out above, the competence of the Minister of Industry, after a trade and industry delegate, falls within the competence of the Minister of Nutrition, after a nutritional officer.
In the case of nationalised sugar and distillery undertakings, the proceeds (pensions) of the last completed broken business period shall be added before the takeover by the national undertaking with the proceeds (pensions) of the previous broken period and the direct tax applicable shall be charged for a single tax year. The tax calculated according to the preceding sentence shall not be less than twice the minimum tax. '
28. Paragraph 25 of Section V shall be renumbered Article 24.
Paragraph 4, paragraph 6 of Decree No. 101 / 1945 Coll. as amended by Article II, may also be applied mutatis mutandis to assets covered by Article IV of the Law of 7 April 1948, No 79 Coll., amending and supplementing the Act of 16 May 1946, No 128 Coll., on the nullity of certain property-law acts from the period of inliberty and on claims arising from that invalidity and other interference in property accruing. In doing so, if the property is nationalised or other property, the nationalisation of which did not take place only as a result of an invalid legal act or of an invalid interference from the time of non-freedom, the proceedings for reimbursement shall be viewed as having been nationalised in respect of persons who have reached a final ruling pursuant to Article IV, paragraph 1 of Act No 79 / 1948 Coll.
All the enterprises of which the Minister of Nutrition declared by the Minister of Nutrition by 22 February 1948 pursuant to § 1, paragraph 4 of Decree No. 101 / 1945 Coll., that they were nationalised by this decree, were nationalised on 27 October 1945. The provisions of Decree No. 101 / 1945, as amended by this Act, apply otherwise to this nationalisation.
The Act of 11 July 1947, No 146 Coll., on the modification of certain conditions in the sugar industry, shall be repealed with effect from 14 August 1947.
For undertakings which have been nationalised as a result of the amendment of Paragraph 1 (3) of Decree No 101 / 1945 Coll. of Article II, No 1, the legal acts taken between 27 October 1945 and 1 January 1948 by the existing owners, the trading companies and the associations of profit and economic (cooperative) associations of their bodies representing them on the outside shall be considered as the legal proceedings of the authorities of the national administration which do not require further approval, with the exception of the transfer of the company, the transfer of equity and the difference of profits which are only valid if they are subsequently approved by the Ministry of Food; the right to be challenged by legal action under the provisions of § 6 of Decree No. 101 / 1945 Coll. remains unaffected; In so doing, they may be contradicted within two years of the publication of the Decree on the integration of a nationalised enterprise into a national enterprise.
The Minister of Nutrition is hereby authorised to amend and declare in the Collection of Laws and Regulations the full text of Decree No. 101 / 1945 Coll., as is apparent from the amendments and additions made by the provisions of Article II of this Act.
(1) Article II (1), (2), (5) to 11, 13, 16 to 20, No 24, as regards Article 19 (7), (27), provided that the provisions of Sections 35 and 40 and (41) of Decree No 100 / 1945 Coll. as amended by Act No 114 / 1948 Coll. and, if it gives a new wording of Section 23 of Decree No 101 / 1945 Coll., become effective on 27 October 1945. Article II, No 27, provided that Article 41 (2) of Decree No 100 / 1945 Coll. as amended by Act No 114 / 1948 Coll., Articles III, V and VII become applicable on the date of its publication, other provisions, unless otherwise specified, shall take effect on 1 January 1948.
(2) This Act shall be implemented by the Minister of Nutrition in agreement with the members of the Government involved.
Dr Beneš v. r.
Gottwald v. r.
Ing. Jankovcová v. r.
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Regulation Information
| Citation | Act No. 115 / 1948 Coll., on the nationalisation of other industrial and other manufacturing enterprises and food establishments and on the treatment of certain proportions of nationalised and national enterprises in this field |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.06.1948 |
|---|---|
| Effective from | 01.01.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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