Act No. 120 / 1948 Coll.
Law on the nationalisation of commercial enterprises with 50 or more active persons
Valid
Effective from 01.01.1948
120.
Law
of 28 April 1948
on the nationalisation of commercial undertakings with 50 or more active persons.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The extent of nationalization.
(1) On 1 January 1948 the nationalisation of undertakings which mainly trade in goods shall be nationalised if 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 undertakings of the State or to:
(a) undertakings to which the Act of 28 April 1948, No. 118 Coll., on the Organisation of Wholesale Business and on the nationalisation of Wholesale Enterprises, or the Act of 28 April 1948, No. 119 Coll., on the State Organisation of Foreign Trade and International Shipbuilding;
(b) undertakings owned and operated by associations of profitable and economic enterprises established pursuant to the Law of 9 April 1873, No 70 of 9 April 1873, on the associations of profitable and economic cooperatives in Slovakia set up under Paragraph 223 et seq. of Article XXXVII / 1875 on the Trade Act, with the exception of undertakings designated by the Minister for Internal Trade by 31 December 1948 at the latest in agreement with the Central Council of Trade Unions and the Central Council of Cooperatives, in Slovakia also after the hearing of the Minister of Industry and Trade;
(c) undertakings which on 1 January 1948 were owned and directly operated by the volumes of the People's Administration, with the exception of undertakings designated by the Government, on a proposal from the Minister for Internal Trade, in Slovakia after the hearing, by industrial and commercial agents.
(3) The Minister for Internal Trade shall determine which undertakings have been nationalised pursuant to paragraph 1.
(1) Persons who are still obliged to manage the nationalised property (Section 12) shall report to the Ministry of Internal Trade, the specimen of which shall be published by the Minister for Internal Trade in the Official Journal. This report shall be submitted within 15 days of the date of publication of the model. The persons invited to do so by the Ministry of Internal Trade must also be jointly 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 the nationalised 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 required to cooperate in drawing up the accounts for the period until nationalisation, provided that they are invited by the competent central authority.
Paragraph 8, 8a, § 10 to 13, § 17 and 18 and § 20 to 22 of Act No. 118 / 1948 Coll. I shall apply mutatis mutandis to matters governed by this law.
National enterprises and their organisations.
Transitional provisions.
Criminal provisions.
(1) Those who commit a plot to thwart or to make the nationalisation of enterprises subject to nationalisation more difficult, will be punished for crime by a heavy prison of one to five years and a penalty for money up to ten miles. In the field of criminal law, Article V / 1878 of the Code of Criminal Procedure, the court shall at the same time state the loss of office and the temporary withdrawal of political rights.
(2) Those who violate certain provisions of this law or regulations issued pursuant to it shall be punished, unless it is a criminal offence, by the District National Committee for Administrative Infringement with a penalty of up to five million CZK and a free penalty (prison, lockdown) within six months or one of these punishments; in the event of imperfections of the penalty on money, a replacement sentence shall be imposed at a rate of blame within six months. If both penalties are imposed at the same time, the punishment on the free side, along with the replacement penalty, must not be more than six months for an impenetrable penalty on money.
(3) Punishments on money belong to the State.
(1) Where a court or district national committee imposes a penalty on money by a staff member, agent, agent or other body of a physical or legal person in whose capacity the offence has been committed pursuant to Article 15, it may say that that person is liable for the penalty imposed on money by common and non-discriminatory means.
(2) This person must, if known to the court (district national committee), be brought to the hearing in the first chair and be entitled to present facts which may be relevant for the assessment of the case and to make proposals.
(3) The statement of liability should be incorporated into the judgment (criminal finding) and the person affected by that statement has the right to refuse it by appeal. In court proceedings, a public prosecutor may also appeal when such a statement has not been made. The same applies to appeals against such a statement as to appeals against a sentence.
(4) Money punishments shall be imposed on the person to whom the guarantee has been imposed in accordance with the general provisions applicable to money punishments.
(1) In the case of a conviction for a crime pursuant to § 15, paragraph 1, or in the case of an administrative offence pursuant to § 15, paragraph 2, a sentence of more than one million CZK shall be published in one or more daily sheets designated by the judgment (criminal offence) on the expense of the sentenced.
(2) The Court of First Instance (Regional National Committee) shall determine whether the grounds for the judgment (finding), or their substance, shall be published in a version which it shall determine.
From the condemning criminal offence, the national committee may be appealed to within 15 days of its receipt, which shall decide definitively. The appeal is filed with the district national committee that issued the finding. The appeal has suspensory effect.
The transgressions of this law are limited in three years.
Efficiency and execution.
This Law shall take effect on 1 January 1948; It shall be implemented by the Minister for Internal Trade in agreement with the participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Krajčir v. r.
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Regulation Information
| Citation | Act No. 120 / 1948 Coll., on the nationalisation of business enterprises with 50 or more active persons |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.06.1948 |
|---|---|
| Effective from | 01.01.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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