Act No. 122 / 1948 Coll.
Law on the organisation and nationalisation of travel agencies
Valid
Effective from 01.01.1948
122.
Law
of 5 May 1948
on the organisation and nationalisation of travel agencies.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Nationalization.
(1) The operation of travel agencies pursuant to § 2 of the Ministerial Decree of 23 November 1895, No 181, or § 22, No 28 of the Trade Act is reserved for the national undertakings set up by the Minister of Internal Trade in agreement with the Minister of Finance. This is without prejudice to the provisions of § 17, paragraph 1, No 4 of the Act of 20 May 1937, No 86 Coll., on Railways (Railway Act).
(2) If an important public interest so requires, in particular the economic interest, the Minister for Internal Trade may grant exemptions from the provisions of paragraph 1.
The Minister for Internal Trade may nationalise by nationalisation with effect from 1 January 1948 or from a later date of undertakings operating in the full or limited range of travel agencies.
Undertakings which are not nationalised pursuant to Paragraph 2 shall cease their activities on a date to be determined by the Minister for Internal Trade by a decree in the Official Journal. This date shall cease to be their authorisation to operate travel agencies.
Paragraph 8, 8a to 13, § 17 and 18 and § 20 to 22 of Act No. 118 / 1948 Coll., as amended by Article I shall apply mutatis mutandis to matters governed by this law.
National enterprises and their organisations.
(1) By virtue of the assets of the nationalised enterprises, of the property acquired by the State of confiscation or otherwise, of undertakings and establishments belonging to the State and of other assets of the State, the Minister of Internal Trade shall establish, in agreement with the Minister of Finance, Slovakia, either after hearing the delegates of industry and trade and finance, the national undertakings, or integrate them into national undertakings.
(2) The Minister for Internal Trade, Slovakia, after hearing an industrial and commercial delegate, is responsible for establishing 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 for Internal Trade may, in agreement with the Minister of Finance, Slovakia, also after hearing the delegates of industry and trade and finance, remove individual items and rights from national undertakings if the national undertaking does not necessarily need them for its operation and leave them in agreement with the Minister in question, to be incorporated into the undertakings, institutes or facilities which it is competent to establish.
(5) The extent of the assets acquired by the State and with which the measures referred to in paragraph 1 are taken shall be determined by the Ministry of Internal Trade in agreement with the Ministry of Finance.
The provisions of Sections 13, 15 to 17, 18, paragraphs 1, 19 to 36, 40 to 42 of the Decree shall apply mutatis mutandis to the legal status and organisation of national undertakings, to the settlement of certain tax obligations, to the remuneration for confiscated property, to the tax liability and to the exemption from taxes, charges and levies. The powers of the central (regional) authority under § § 21, 22 and 27 of the Decree and § 13, § 2 of this Act are exercised by the Minister for Internal Trade, in Slovakia after the hearing of the Minister for Industry and Trade.
Transitional provisions.
(1) The existing owners, holders or national administrators of travel agencies 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 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.
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 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 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 representation the offence was committed pursuant to Article 17, it may say that that person is liable for the penalty imposed by common and non-discriminatory hands.
(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) When a conviction for a crime pursuant to § 17, paragraph 1, or a conviction for an administrative offence pursuant to § 17, paragraph 2 for a sentence of freedom or for money exceeding one million CZK, the sentence (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 published in a version which it shall determine.
Within 15 days of its receipt, a denunciation may be made 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.
Efficiency and execution.
This Act shall take effect on 1 January 1948, except for the provisions of Paragraph 1, which shall take effect on the date of its publication; 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. 122 / 1948 Coll., on the organisation and nationalisation of travel agencies |
|---|---|
| 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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