Act No. 121 / 1948 Coll.
Act on nationalisation in construction
Valid
Effective from 01.01.1948
121.
Law
of 28 April 1948
on nationalisation in construction.
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, on the basis of a trade licence or licence granted under the civil engineering regulations (civil engineers and civilian geometries), carry out works of any kind and for which the number of persons employed or active in an undertaking has reached 50 persons at any time since 1 January 1946 are nationalised.
(3) Where two or more construction enterprises are joined or joined for the purpose of joint execution of one or more buildings of any kind, the undertakings concerned shall be subject to nationalisation if this increases the number of persons employed or active in those connected undertakings to 50.
(4) When determining the number of persons employed or active in an undertaking referred to in paragraphs 1 to 3, the sum of all such persons shall be determined regardless of where they work or worked.
(5) The Minister of Technology shall, in agreement with the ministers involved, after hearing the Central Council of Trade Unions, in Slovakia, also after hearing the technical officer, who shall agree with the delegates concerned, designate a decree in the Official Journal of the types of undertakings which shall be regarded as undertakings referred to in paragraphs 1 and 3.
(6) The provisions of the preceding paragraphs shall not apply to undertakings:
(a) the associations of profitable and economic associations established under Law No 70 / 1873 / EEC, the associations of profitable and economic cooperatives in Slovakia set up under Paragraph 223 et seq., Article XXXVII / 1875, the commercial law, where such undertakings are directly operated by communities or cooperatives, with the exception of undertakings designated by the Minister of Technology in agreement with the Central Council of Trade Unions and the Central Council of Cooperatives by 31 December 1948 at the latest;
(b) which the Minister of Construction will exclude from nationalisation in an agreement with the Minister of Finance, ordering their owners (operators) to stop them permanently because the Government has decided that their continued operation is not in the general interest.
(7) If the conditions for nationalisation under this Act are fulfilled, the Minister of Construction shall decide.
(1) The owners, holders, national authorities and agents of the provisional administration (§ 19) of undertakings subject to nationalisation pursuant to § 1 shall report to the Ministry of Technology, the specimen of which shall be published in the Official Journal. This report shall be submitted within 15 days of the date of publication of the model. If the circumstances applicable to nationalisation arise only after that date, the reporting period shall begin on the date on which those circumstances occurred. In the proceedings, the persons invited by the Ministry of Technology must also be co-involved. 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 persons referred to in paragraph 1 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.
If, in the field of competence of the Minister of Construction, the Minister of Construction does not use the assets nationalised under this Act to establish a national enterprise or to integrate them into a national enterprise, or if such assets are not entrusted to the administration of the authorities in its field of competence, the Minister of Construction may, in agreement with the Minister of Finance and with another Minister, transfer such assets to the Ministry of Finance to take such measures in its own field of activity, or may entrust them to the administration of communal enterprises or may delegate them to other legal persons for compensation, designated pursuant to § 8 of Decree of the President of the Republic No. 100 / 1945 Coll., on the nationalisation of mines and certain industrial undertakings, as amended by the regulations amending them (hereinafter the "decree ').
(1) By nationalisation, the State acquires ownership of the national property.
(2) The nationalisation concerns:
(a) real estate, buildings, equipment, deposits and raw materials;
(b) accessories of the undertaking, including all movable and immovable property 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;
(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 Technology, after hearing the technical officer, in Slovakia, may exclude from the nationalisation of individual items of property, property files or rights, provided they are not necessarily necessary for the operation of a national undertaking, and leave them to the existing owner, who may at the same time impose conditions, in particular the condition that, within a specified period, he establishes a service or a right of use for the national undertaking.
(7) The provisions of the preceding paragraph may also be applied mutatis mutandis to property which is subject to the provisions of Article IV of the Law of 7 April 1948, No 79 Coll., amending and supplementing the Law of 16 May 1946, No 128 Coll., on the nullity of certain property-law acts from the period of infreedom and on claims arising from such nullity and other interference in property. In this case, if the property is nationalised or other property, the nationalisation of which did not take place solely as a result of an invalid legal act or of an invalid interference from the period of non-freedom, the proceedings for reimbursement shall be examined against persons who have reached a final ruling pursuant to Article IV, paragraph 1 of Act No 79 / 1948 Coll. as if this property were nationalized to them.
(8) The extent of nationalisation referred to in paragraphs 2 to 5 shall be decided by the Minister for Construction. The Minister for Construction may delegate this decision, as well as the decisions referred to in paragraph 6, to the Regional National Committees. The provisions of Decree-Law No 8 / 1928 Coll., on proceedings in matters falling within the competence of political authorities (on administrative proceedings), do not apply to the procedure for determining the extent of nationalisation.
(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 for the Construction Industry shall designate the undertakings of each national enterprise.
(2) In agreement with the Minister for Finance, the Minister for Construction 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) In agreement with the Minister of Finance and with the Minister of Finance, the Minister of Construction may take measures to transfer liabilities belonging to the national property transferred under Paragraph 3 to another Minister or entrusted to the administration of a municipal undertaking or transferred to another legal person.
(4) The obligations of a nationalised undertaking do not include the obligations under which the assets of that undertaking or part thereof are to be transferred after the date of application of this law to a third party. 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 disposed of by an asset incorporated into a national undertaking or entrusted to the administration of the authorities referred to in paragraph 2 or with which an action has been taken or which has been entrusted to the administration or transferred under paragraph 3, nor shall it be possible to satisfy the assets of a national undertaking. 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, as amended by Act No. 180 / 1948 Coll., and extraordinary benefits pursuant to Act No. 185 / 1947 Coll., on extraordinary one-off levy and extraordinary levy on excessive property gains, as amended by Act No. 180 / 1948 Coll. The methods of payment of these personal taxes and benefits shall be laid down by the Ministry of Finance by means of an official decree.
(5) For commitments which are economically unjustifiable, including obligations under service contracts, guaranteeing disproportionately high salaries for employees, benefits for provision, benefits for disposal, etc., the national undertaking may seek 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 authorities referred to in paragraph 2 or which are transferred pursuant to paragraph 3.
(6) A national undertaking to which assets nationalised pursuant to Article 4 (3) and (4) (b) which belonged to someone other than the owner of a nationalised undertaking are incorporated shall enter into obligations arising from rights attaching to that property, to the extent and under the 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 the construction industry or transferred to another minister or entrusted to municipal undertakings or transferred to other legal persons under Section 3.
(7) If the decision making the measure on the national property does not result in anything else, the State shall not be liable for the liabilities of the national undertaking, even if the commitments under Paragraph 6 are adjusted.
(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, the assets of the overpaid assets of 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 an institution, a municipal enterprise or other legal person to whom the assets of a nationalised enterprise have been entrusted or transferred to administration under Article 3.
(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 out of creditors' claims to exclude cases from the assets taken over 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 their order, are not fully covered by the difference between the general price of assets of a nationalised undertaking and the value of liabilities which remain unaffected under (a) and (b) shall be satisfied in proportion. 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) The adjustment of the commitments under this paragraph only affects the appellant. There are no commitments against it which will not be satisfied in their order.
(1) The national undertaking to which the assets of the nationalised enterprise have been incorporated may, in the case of another undertaking, body or legal entity to which the assets of the nationalised enterprise have been entrusted or transferred to administration pursuant to Article 3, be contrary to the legal acts carried out by the owner of the nationalised property after 27 October 1945, intended to harm or impede the nationalisation or introduction for his or her own benefit of property value.
(2) It is possible to resist within five years of the date of the decision establishing measures concerning the national property. Otherwise, the provisions of § 46 to 52 of the Civil Code apply mutatis mutandis.
(3) The legal proceedings concerning the transfer of undertakings to which this Act would apply or the transfer of capital holdings to companies whose undertakings are nationalised under this Act, if concluded two months before the date of nationalisation, are valid only if approved by the Ministry of Technology.
Replacement.
Unless otherwise provided for, or in the case of overindebtedness under Paragraph 6 (1), it is for property nationalised under this Act to be compensated, for which the provisions of § 7 to 11 of the Decree apply mutatis mutandis.
(1) For the determination of the refund, account shall be taken of the value
(a) the construction, works and supplies, carried out, built-up and unfinished, which are not included in the single economic plan, in force on the date of nationalisation, provided that the provisions in force have been infringed;
(b) raw materials, materials, semi-finished products and products, obtained in contravention of the rules on the management and allocation of raw materials, materials and products in force on the date of nationalisation;
(c) claims on buildings, works and materials, semi-finished products and products, made or delivered in breach of the rules referred to in (b);
(d) unexploited mineral wealth;
(e) property intended for social, educational, physical and similar purposes.
(2) Reimbursement shall not be granted to persons who have been or will be convicted of such an offence or are punished for such an offence as to show an hostile attitude towards the People's Democratic Order of the Republic or its Socialist Construction.
Czechoslovak construction plants, national enterprise, and their organisation.
The extent of the property acquired by the State by confiscation and entrusted to the administration of a national enterprise in the branch of the Ministry of Construction shall be determined by the Ministry in agreement with the Ministry of Finance.
Final provisions.
Until the property, nationalised under this law, has been taken over by a national undertaking, Article 37 of the Decree applies to the interim administration, with the derogation that the Minister of Technology may, in agreement with the Minister of Finance, in Slovakia after hearing the technical and financial delegates, entrust the provisional administration of the nationalised undertakings to the agent responsible and determine the extent of their authorisation.
Authorisations for the implementation of structures of any kind may be granted by the competent authority only with the approval of the Ministry of Construction. It is also necessary to agree on the setting up of new undertakings in these sectors under authorisations previously granted.
Legal acts and official acts necessary for the implementation of this Act shall be exempt from fees and charges. This exemption does not apply to the business of a nationalised enterprise or to measures taken by a liquidator in the liquidation of a legal entity or company.
(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.
(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 from one year to five years and a penalty for money of up to 10 million Kcs; in the field of criminal law, Article V / 1878, the court shall at the same time declare 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 will be punished, if not for a criminal offence, by the District National Committee for Administrative Infringement by a penalty of up to 5 million CZK and a sentence of freedom (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 representation an offence has been committed pursuant to Article 23, 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 served in the first chair and be entitled to present the 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 § 23, paragraph 1, or in the case of an administrative offence pursuant to § 23, paragraph 2, for a sentence of freedom or for money exceeding one million CZK, a judgment (criminal finding) shall be published in one or more daily sheets designated by the judgment (criminal finding) for 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 disclosed, as it itself shall determine.
Within 15 days of its receipt, a criminal conviction may be appealed to the Regional National Committee, 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.
This Law shall take effect on 1 January 1948; It shall be implemented by the Minister of Technology in agreement with the participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Dr. Ing.
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Regulation Information
| Citation | Act No. 121 / 1948 Coll., on nationalisation in construction |
|---|---|
| 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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