Act No. 123 / 1948 Coll.
Law on the nationalisation of polygraphic enterprises
Valid
Effective from 01.01.1948
123.
Law
of 5 May 1948
on the nationalisation of polygraphic enterprises.
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 and establishments which manufacture or reproduce, by mechanical or chemical means, printed matter and forms as well as letters shall be nationalised, with all supporting and related establishments. In particular:
1. printers and graphic factories equipped with a rotary machine of any kind;
2. printers and graphic factories equipped with at least three betting and casting machines (monotypes);
3. graphic enterprises (plants) equipped with at least two offset or rotogravure printing machines;
4. all letters;
5. All other printing undertakings, unless they are already nationalised under other nationalisation legislation or excluded under such legislation, provided that the number of employees and persons in the undertaking active has reached 50 persons at any time since 1 January 1946. When determining that number, the sum of all persons active or employed in the undertaking shall be determined, irrespective of where they work or worked, in particular domestic workers.
(2) The provisions of paragraph 1 shall not apply to the assets of the State and of national undertakings or to undertakings (establishments) which, in agreement with the Minister of Finance, Slovakia, also after hearing the relevant delegates, shall be excluded from nationalisation and shall order their owners (operators) to be permanently stopped because the Government has decided that their operation is not in the public interest.
(3) The Minister of Information, in Slovakia after hearing the relevant delegate, will declare with effect the service in the Official Journal which undertakings (establishments) have been nationalised under this Act.
(1) Persons who are required to manage the nationalised property for the time being (Section 11) shall report to the Ministry of Information, the specimen of which shall be published by the Minister of Information 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 Information 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 the nationalised property is not reporting, he shall be obliged to add his observations to the report.
(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, if they are invited to do so.
The right to establish new undertakings and to operate regardless of their scope in a sector nationalised pursuant to § 1 (1) is reserved for the State.
(1) By nationalisation, the State acquires ownership of the nationalised property.
(2) The nationalisation concerns:
(a) real estate, buildings, equipment;
(b) accessories of the undertaking (s), including all movable and immovable property (licences, trade licences, stamps, samples and the like), 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, only concern nationalisation 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) The provisions of paragraphs 1 to 4 shall not apply to the publishing, publishing and bookselling undertakings of political parties represented in the National Assembly, the unified trade union organisation and national interest organisations.
(6) 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.
(7) The Minister of Information, after hearing the relevant delegate, in Slovakia, may exempt individual items of property, property files or rights from nationalisation, unless they are necessarily necessary for the operation of a national or national undertaking, and leave them to the owner to whom it may at the same time impose conditions, in particular in order to establish, within a period set at the same time, a service or a right of use for the national or national undertaking.
(8) The extent of the nationalisation referred to in paragraphs 2 to 4 and 6 shall be decided by the Minister of Information, in Slovakia, after hearing the relevant delegate. 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), do not apply to the procedure for determining the extent of nationalisation.
(1) A national undertaking (Sections 10 and 11), which incorporates the assets of a nationalised enterprise, enters into the liabilities of a nationalised enterprise on the date of its acceptance. The obligations under which the property or plant of a nationalised enterprise is to be taken over after the date of application of this law to 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 property of the nationalised undertaking or to the national undertaking to which it is incorporated. 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 Information shall, after hearing the relevant delegate, designate the Minister of Information in Slovakia, together with the measure provided for in Section 10, in which undertakings are entered into by an individual national undertaking. In addition, the Minister of Information shall, in an agreement with the Minister of Finance, in Slovakia, also designate, after hearing the relevant delegates, in which liabilities belonging to non-nationalised assets, incorporated under Paragraph 10, the national undertaking shall enter; commitments belonging to an undertaking or establishment belonging to a State shall not be subject to obligations arising from the granting of funds by the State if they exceed the balance sheet value of assets other than capital goods.
(2) In the case of commitments which are economically unjustifiable, including obligations under service contracts, guaranteeing disproportionately high salaries for employees, benefits for provision, benefits for disposal and the like, the national undertaking may request cancellation or other appropriate adjustments. If this does not come to an agreement, the arbitration panel, established under the Law of 21 November 1946, No 228 Coll., shall decide on arbitration courts for the modification of certain obligations of national undertakings.
(3) The State is not liable for the liabilities of a nationalised undertaking or other incorporated assets (Section 10), even if the liabilities under Section 7 are adjusted.
(1) Where a nationalised undertaking or other incorporated property is overpaid on the date of the takeover, the national firm may ask the court to adjust, within the amount of the general price of the assets of the overindebted undertaking or over-indebted substance at the date of the takeover, the satisfaction of the undertakings belonging to that undertaking or to that nature and to determine their maturity, taking into account the economic possibilities of the national undertaking.
(2) Creditors shall be required to lodge their claims for the application referred to in paragraph 1 at the request of the court by means of an order in the authentic instrument within the time limit laid down by the court; if they do not, 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 liabilities shall also be considered as liabilities referred to in point (b) which are not covered by the means set out 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) Detailed provisions on jurisdiction shall be laid down by law, 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 right to separate satisfaction and on the way in which creditors' claims are established.
(1) A national undertaking may oppose legal acts which have been carried out by the owner of the property nationalised under this Act after 27 October 1945 in an intention to damage or make it more difficult to nationalise or introduce property in his or her own benefit.
(2) It may be withdrawn within two years from the date of publication of the Decree, which makes provision for the nationalised property under Paragraph 10. Otherwise, the provisions of Act of 27 March 1931, No. 64 Coll., which issue bankruptcy, settlement and opposition orders apply mutatis mutandis.
(3) Legal negotiations on the transfer of undertakings to which the provisions of this Act would apply or on the transfer of capital holdings in companies whose undertakings are nationalised under this Act, if concluded within two months before the date of nationalisation, shall be valid only if approved by the Ministry of Information.
Replacement.
(1) Save as otherwise provided, the property nationalised under this Act shall be reimbursed; The provisions of Sections 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 establishments and on the adaptation of certain relationships between nationalised and national enterprises (hereinafter referred to as "Decree ') and Article III of Act No. 114 / 1948 Coll.
(2) Reimbursement shall not be granted for property nationalised under Section I which, on the date of nationalisation, belonged to or belonged to persons who have been or will be lawfully convicted of criminal or criminal offences committed until the date of nationalisation:
(a) after 5 May 1945 pursuant to the Act of 19 March 1923, No. 50 Coll. for the Protection of the Republic, as amended by its amendments, or
(b) pursuant to Article 43 of the Decree; or
(c) pursuant to the Act of 13 February 1947, No 15 Coll., on the prosecution of black trade and similar entanglements, or
(d) under the Law of 13 February 1947, No 27 Coll., on the criminal protection of the implementation of a two-year economic plan; or
(e) pursuant to the Act of 18 July 1946, No 165 Coll., on the criminal protection of national enterprises, nationalised enterprises and enterprises under national administration.
(3) The use of securities corresponding to the value of the nationalised property for which compensation is not granted to the persons referred to in paragraph 2 shall be subject to the provisions of Section 5, paragraph 2, No 2 of the Act of 11 March 1948, No 51 Coll., on the adjustment of certain financial ratios of national industrial and food undertakings.
Organising a nationalized business.
(1) By virtue of the assets of the nationalised enterprises, by virtue of the property acquired by the State of confiscation or otherwise, from undertakings and establishments belonging to the State, from other assets of the State, as well as from the resources of the National Economy Fund, the Minister of Information shall, in agreement with the Minister of Finance, also in Slovakia after hearing the relevant delegates, national undertakings, or they shall be incorporated into a national undertaking.
(2) The Minister of Information may, in an agreement with the Minister of Finance, in Slovakia after hearing the relevant delegates, remove from national undertakings individual items of property and rights if they do not necessarily need them for their operation and leave them in an agreement with the Minister responsible for the inclusion in the undertakings, institutes or establishments which it is competent to establish.
(3) The measure referred to in paragraph 1 may 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 as in respect of property, administered under Article 16 of the Law of 16 May 1946, No 128 Coll., on the nullity of certain property-law acts from the period of non-freedom and on claims arising from such invalidity and other interference in the assets of the institution.
(4) The scope of the assets covered by the measures referred to in paragraph 3 shall be determined by the Ministry of Information in an agreement with the Seating Office and the National Recovery Fund in Slovakia, also after hearing the relevant delegate, in accordance with the rules applicable to the allocation of confiscated property.
(5) The establishment of a national undertaking shall be published in the Official Journal.
(1) The provisions of Sections 13, 15 to 38, 40 to 42 of the Decree apply mutatis mutandis, where, according to the designated decree, the Minister of Industry, after the case of an industrial and commercial delegate, that competence falls within the scope of this Act to the Minister of Information.
(2) The provisions of Act No. 51 / 1948 Coll. apply mutatis mutandis to national undertakings established under this Act, unless the Government provides for derogations for the specific nature of polygraphic enterprises by regulation; The Minister of Information shall be the Minister of Information of the matter under this provision.
(3) The Government may, by regulation, amend the organisation of national enterprises by way of derogation from the legislation referred to in paragraph 1.
The Government may, in the interests of the uninterrupted publishing and publishing activities of political parties, represented in the National Assembly, the unified trade union organisation or national interest organisations, amend the organisation of undertakings and establishments nationalised under this Act, as well as the substance, acquired by the State of confiscation or by other means, of other assets of the State or property provided by the Fund of the National Economy, in a form other than those provided for in Sections 10 and 11, provided that this does not affect the State's ownership of the national property. The government may amend the details by regulation.
Criminal provisions.
(1) Those who commit a plot to thwart or to make the nationalisation of a nationalised enterprise more difficult, will be punished for crime by a heavy prison from one year to five years and by a penalty of up to ten million Kcs, in the field of criminal law of Law V / 1878, the court will also 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 an offence has been committed pursuant to Article 13, 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 § 13, paragraph 1, or in the case of an administrative offence pursuant to § 13, paragraph 2, for a sentence of freedom or for a penalty for money exceeding one million CZK, the 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 published in a version which it 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 transfers under this law are limited in three years.
Efficiency and execution.
This Law shall take effect on 1 January 1948; it shall be carried out by the Minister of Information in agreement with participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Kopecký v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 123 / 1948 Coll., on the nationalisation of polygraphic enterprises |
|---|---|
| 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.
Comments 0