Act No. 124 / 1948 Coll.
Law on the nationalisation of certain innkeeper and innkeeper enterprises and accommodation establishments
Valid
Effective from 01.01.1948
124.
Law
of 5 May 1948
concerning the nationalisation of certain innkeeper and innkeeper enterprises and accommodation facilities.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The extent of nationalization.
(1) On 1 January 1948, the nationalisation of innkeeper and innkeeper undertakings shall be nationalised, provided that the number of persons employed or active in the enterprise 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) In the case where other undertakings are operated in the buildings in which the hotel business is operated, in addition, in accordance with Section 16 of the Trade Code, Slovakia under Section 23 of the Trade Code, all undertakings, including the hotel business, shall be nationalised on the same date even if they belong to different owners or operators, provided that the sum of all persons employed or active in those undertakings has reached 50 persons at any time since 1 January 1946. Paragraph 1, second sentence, shall apply mutatis mutandis.
The spa sites shall be nationalized on the same day, regardless of the number of employees of the hotel companies classified under the Government Order of 13 July 1939, No 194 Coll., on the classification of the enterprises of the innkeeper's business with the right to accommodate foreigners, or the Government Order of 8 May 1939, No 96 Sl. z., on the classification of the enterprises of the innkeeper's and of the persons entitled to reside in groups A and B, and other accommodation facilities with the requirements of these groups, even if they do not have a business authorisation under § 16, par. 1, point (a).
The Minister for Internal Trade shall determine which undertakings have been nationalised by this law.
(1) Paragraph 1 and § 2 do not apply to undertakings of the State or to undertakings of the State
(a) undertakings owned and controlled by associations of profit and economic associations established under the Law of 9 April 1873, No 70, on earnings and economic communities, in Slovakia owned by cooperatives established under § § 223 et seq. of Article XXXVII / 1875, on the Commercial Act, and were directly operated by them, with the exception of undertakings and establishments designated by the Minister of 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 hearing the delegates of industry and trade,
(b) undertakings which on 1 January 1948 were owned and directly operated by the unions 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 following a hearing by an industrial and commercial agent,
(c) undertakings which are or will be owned by a single trade union and are intended to recover workers;
(d) undertakings which are or will be owned by social security holders.
(2) If an important public interest so requires, in particular the economic interest, the Minister for Internal Trade may grant an exemption from the provisions of § § 1 or § 2.
(1) Persons who are still required to manage nationalised property (§ 15) 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 § 2, as well as 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 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.
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 member of staff, agents, representatives or other body of a physical or legal person whose representation has committed an offence pursuant to Paragraph 18, it may say that the person liable for the sentence imposed on money is common and undifferentiated.
(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 § 18, paragraph 1 or in the case of an administrative offence pursuant to § 18, 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 expenses 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 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. 124 / 1948 Coll., on the nationalisation of certain innkeeper and innkeeper enterprises and accommodation facilities |
|---|---|
| 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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