Act No. 125 / 1948 Coll.
Act on the nationalisation of natural medical resources and baths and on the integration and management of confiscated spa property
Valid
Effective from 01.01.1948
125.
Law
of 6 May 1948
on the nationalisation of natural medical resources and baths and on the integration and management of confiscated spa property.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The extent of nationalization.
(1) On 1 January 1948 they shall be nationalised:
1. natural medical resources [§ 2 (3) (a)],
2. spa property [§ 2 (3) (b)],
3. Other assets related to natural medical resources [§ 2 (3) (c)].
(2) The provisions of paragraph 1 shall not apply to State property and spa property (paragraph 1, No 2) which, on the date of the publication of this Law, is owned by the holders of public social insurance.
(3) The Minister for Health, Slovakia, after hearing the Commissioner for Health, will, with effect, publish in the Official Journal lists of natural medical resources and assets which have been nationalised by this Act, after their additions.
(1) By nationalising natural medical resources (§ 1 (1), No 1), the State has acquired the exclusive right to treat them.
(2) By nationalisation of the spa and other property (§ 1, par. 1, par. 2 and 3), the State is owned by it.
(3) The nationalisation concerns:
(a) medicinal and mineral waters and natural medicinal gases and emulsions which are underground, as well as those which come to the surface of the earth in springs, vents, wells, shafts, stalls, underground parts or wells, as well as deposits of medicinal peat, mud, straw or other medicinal earths;
(b) land with natural medical resources and real estate, businesses and facilities which serve their use or are intended for them, treatment facilities of spa, spa accommodation establishments which are part of spa treatment facilities, unless they are nationalised under the Law of 5 May 1948, No. 124 Coll., on the nationalisation of certain innkeeper and catering establishments and accommodation facilities, as well as ancillary facilities of those undertakings and facilities;
(c) land with natural medical resources and undertakings and facilities for their use or intended for them which do not have the nature of a medicinal bath;
(d) accessories for the assets referred to in (b) and (c), including all movable and immovable property (licences, trade licences, stamps, samples, water rights, etc.), notes, securities, holding books, cash and receivables,
(e) movable property and rights other than those relating to nationalised property.
(4) Paragraph 4, paragraphs 3 to 7 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. (hereinafter referred to as the "Decree ') shall apply mutatis mutandis, where, pursuant to those provisions, the competence of the Minister of Industry, in the case of a trade and industry delegate, falls within the competence of the Minister of Health, in the case of a health officer.
(1) Only the State or the holders of public social insurance may use the designation "spa" in the context of a natural health spa, for the property of which they are owners (§ 1, par. 2), or for property which has been nationalised pursuant to § 1, par. 1, par. 2, or for property which has been designated by the Minister of Health as a spa under § 18, par. 2 of the Order of the President of the Republic of 25 October 1945, No. 108 Coll., on the confiscation of enemy property and National Recovery Funds.
(2) The right to establish a new natural health spa and the operator is reserved for the state. In agreement with the Minister for Social Welfare, Slovakia, after hearing the relevant delegates, the Minister for Health may transfer this right to the Central National Insurance Agency on a case-by-case basis.
(1) The State, following the case of the Central National Insurance Corporation (hereinafter referred to as the "transferor"), enters the State on the day on which the nationalised assets are taken over in its liabilities. The transferors shall not enter into the obligations under which the property or plant of the national property is to be taken over after the date of application of this law to a third party. No personal taxes, benefits and charges of the former owner shall be regarded as belonging to the national property, and neither the substance of the national property nor the transferors shall be liable for it. 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 parts of the nationalised property belong to different transferors, the Minister for Health will designate, in agreement with the Minister for Social Welfare, in Slovakia after hearing the relevant delegates, in which undertakings the transferors enter into.
(2) In the case of commitments which are economically unjustifiable, including obligations arising from service contracts, guaranteeing disproportionately high salaries for employees, benefits for provision, benefits for disposal, etc., the transferor 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.
(1) If the nationalised property is overpaid on the date of the takeover, the transferor may ask the court to adjust, up to the general price of the assets of the overpaid property at the date of the takeover, the satisfaction of the liabilities belonging to that property and to determine its maturity, taking account of the economic possibilities of the transferor.
(2) Creditors shall be required to call upon the court by an order in the Official Journal within the time limit prescribed by the court to make their claims to the application procedure referred to in paragraph 1; if they do not, their claims against the transferor 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 substance of the nationalised property shall remain unaffected, provided that such claims have not expired 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 [point (d)], are not fully covered by the difference between the general price of the assets of the assets of the nationalised assets and the value of the liabilities remaining unaffected under points (a) and (b) shall be satisfied on a pro rata basis. 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) If the undertakings in their order are not satisfied with the adjustment provided for in paragraph 3, they shall not act against the transferor. The adjustment of the commitments referred to in paragraph 3 shall be made only against the transferor.
(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 rights to separate satisfaction and on the way in which creditors' claims are established.
(1) The transferor may object to legal acts which, after 27 October 1945, the owner of the nationalised property intended to damage or make it more difficult to nationalise or introduce in his or her foreign interest property value.
(2) Retirement may take place within two years of the receipt of the nationalised property. Otherwise, the provisions of the Rules of the Opposition, issued by the Law of 27 March 1931, No 64 Coll., which issue bankruptcy, settlement and opposition orders apply mutatis mutandis.
(3) Legal proceedings concerning the transfer of nationalised property covered by this Act or 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 Health.
Replacement.
(1) No refund is granted for the nationalised natural medical resources (§ 1 (1), (1), (1)).
(2) A refund is due for the nationalised spa and other property (§ 1, par. 1, par. 2 and 3). Article 7 to 11 of the Decree applies mutatis mutandis.
(3) Undertakings nationalised under this Act are managed as a separate balance sheet unit within the "Czechoslovak State Spa and Foundation 'within the company, which, according to the plan agreed by the Health and Finance Ministers, will reimburse the National Economy Fund for the costs of interest and amortisation of the replacement bonds for substance nationalised under this Act, after the costs associated with other means of compensation.
Confiscated enemy spa property.
Anyone who hides, manages or holds confiscated enemy spa property, which has been designated as such or will be designated as such by the Minister of Health in agreement with the Ministers of Finance and Home Affairs, and, as regards accommodation businesses in spa sites and their auxiliary businesses and accessories, also in agreement with the Minister of Internal Trade, pursuant to § 18, paragraph 2 of Decree No. 108 / 1945 Coll., is obliged to apply for it within 30 days of the publication of this Act, following the issue of the relevant decree, to the Ministry of Health and, as regards the property in Slovakia, also to the Ministry of Health for an inventory, and is obliged to take proper care of it if the Ministry of Health or the authority appointed by it does not take other measures.
(1) National Recovery Funds are responsible for writing down and settling commitments relating to the confiscated spa property, which they apply mutatis mutandis in accordance with the provisions of Sections 5, 1, 3 of Decree No. 108 / 1945 Coll. and are implementing, amending and supplementing. The State is not responsible for any liabilities that are not satisfied in the settlement process.
(2) The National Recovery Fund shall charge the Ministry of Health for the value of the confiscated spa property which has been or will be designated as a spa property.
Integration and management of nationalized and confiscated spa property.
(1) The Government may, if necessary, amend the provisions of the Regulation on how the State's right to treat natural medical resources is exercised (§ 2 (1)).
(2) If the public interest so requires, the Minister for Health may grant the exercise of the right referred to in Paragraph 2 (1) to the holders of public social insurance under conditions which he also provides for.
(1) National spa or other property (§ 1, paragraphs 1, 2 and 3), or confiscated property (§ 8), shall be taken over and administered by the "Czechoslovak State Spa and Sums."
(2) The Minister for Internal Trade will also agree with the health and finance ministers in Slovakia after hearing the relevant delegates, which will transfer from the accommodation companies in the spa places pursuant to § 12, § 7 of Act No. 124 / 1948 Coll. to the Ministry of Health to include them in the company "Czechoslovak State Spa and Sink." In agreement with the Minister for Internal Trade, the Minister for Health will publish a list of these enterprises in the Official Journal.
(3) The Minister for Health may, on a proposal from the Central National Insurance Authority, transfer the assets nationalised pursuant to § 1 (1) (1) (2) to the ownership of the Central National Insurance Corporation, which shall at the same time determine the conditions for taking over, in particular, the acceptance price.
(4) The Minister for Health may, in agreement with the Social Welfare, Finance and Interior Ministers, transfer some confiscated spa property (§ 8) to the property of the Central National Insurance Corporation, while at the same time setting the conditions for taking over, in particular determining the acquisition price. Recoveries received will be used by the National Recovery Funds to pay the liabilities belonging to the assets taken over if they are recognised in settlement (Section 9) and not taken over by the Central National Insurance Company, as well as the recovery of the confiscated spa assets, managed by the "Czechoslovak State Spa and Sovereign," and the rest will be carried out by the Treasury for binding purposes.
(5) The transfer of real estate and library rights to the State pursuant to § 1, § 1, § 2 and § 3 or § 11, § 2, shall be entered by the library courts in public books on a proposal from the Ministry of Health, with reference to this law. The transfer of real estate and library rights, which will be transferred pursuant to paragraphs 3 and 4 to the Central National Insurance Corporation, shall be entered by the Library Courts in public books, on a proposal from the Central National Insurance Corporation, with reference to this law.
Provisions transitional, common and final.
From the date of the publication of this Act, the provisions of Sections 37 and 38 of the Decree apply to the owner or other operator (s) of the nationalised property, for persons legal to the authority called for to represent them externally, after the case of the national administrator, mutatis mutandis to the provisions of Sections 37 and 38 of the Decree, in which legal acts exceeding the ordinary administration require the prior consent of the Ministry of Health, granted in Slovakia after the hearing of the health authority, in the case of Section 11, paragraph 3 of the Central National Insurance.
(1) Until a nationalised spa and other property (§ 1, paragraphs 1, 2 and 3) has been taken over, the Minister for Health, in Slovakia, after a hearing with the Health Officer, may appoint his agent to the national property. The agent shall manage the property mutatis mutandis under the provisions of Section 37 of the Decree. The appointment of an agent shall abolish the national administration established pursuant to the Decree of the President of the Republic of 19 May 1945, No 5 Coll., on the nullity of certain acts of property law from the period of insecurity and on the national administration of the assets of Germans, Hungarians, traitors and collaborators, and of certain organisations and institutes, after a case under the Slovak National Council Regulation of 5 June 1945, No 50 Coll. SNR, on national administration.
(2) Paragraph 14, 16, 18 and 19 of Decree No. 5 / 1945 Coll., after paragraphs 13 to 15, 17 and 18 of Decree No. 50 / 1945 Coll. apply mutatis mutandis to the provision of the agent and his appeal.
(3) The legal proceedings of owners, holders and administrators relating to the substance of the property for which the agent has been appointed shall, where they have taken place after its provision, be void.
(4) In the performance of his duties, the agent shall be subject to the supervision of the Ministry of Health; the provisions of § § 22 and 23 of Decree No. 5 / 1945 Coll., after the case § 20, paragraph 1, the sentences of the second and § § § 21 and 22 of Decree No. 50 / 1945 Coll. n. SNR apply mutatis mutandis.
The persons to whom Article 12 and Article 13 have been imposed on the provisional administration and matters of nationalised property are required to compile a proper and detailed inventory of the assets of the nationalised property and its liabilities on 30 June 1948 and to submit it to the Ministry of Health, Slovakia, and also to the Health Department, and in the case of Section 11, paragraph 3, of the Central National Insurance Company.
(1) Whoever commits a plot to thwart the nationalisation of property subject to nationalisation or to make it 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 five million CZK and a sentence of freedom (prison, lockdown) within six months, or by 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 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 § 15, paragraph 1, or in the case of an administrative offence pursuant to § 15, 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 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 transgressions of this law are limited in three years.
(1) The legal acts, documents and official acts necessary for the implementation of this Act, excluding the provisions of Section 10, are exempt from taxes, levies and charges. This exemption does not apply to the operating activities of the undertaking referred to in Section 11 (1).
(2) The proceeds (pensions) obtained from the nationalised property up to the date of the takeover (§ 11 (1) to (3)) form part of the basis for charging the tax on the pension, general and special taxes on the earnings and on the income of the last owner of the nationalised property before nationalisation.
(3) Spa or other assets nationalised (§ 1, paragraphs 1, 2 and 3) or confiscated (§ 8) have the status of turnover tax liable to the turnover tax until its takeover (§ 11, paragraphs 1 to 4).
This law is without prejudice to the provisions of the Decree.
If this law refers to the holders of public social insurance, after the case of the Central National Insurance Company, this means, until 30 June 1948, the holders of public social insurance under the existing rules.
This Law shall take effect on 1 January 1948; It shall be implemented by the Minister for Health in agreement with the participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Plojhar v. r.
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Regulation Information
| Citation | Act No. 125 / 1948 Coll., on the nationalisation of natural medical resources and baths and on the integration and management of confiscated spa property |
|---|---|
| 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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