Act No. 126 / 1948 Coll.
Act on the nationalisation of certain breeding enterprises
Valid
Effective from 03.06.1948
126.
Law
of 6 May 1948
on the nationalisation of certain breeding enterprises.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The extent of nationalization.
The date of publication of this Act shall be nationalised to the extent laid down in Section 2 of the seed and planting establishments:
1. Selects, seed and lard cultivation companies, companies with r. o., Praha II, Táždá ul. 6;
2. Sativa, an economic and production cooperative of earthlings growers in Havlíčkov Broda, registered community with limited liability;
3. Elites, cooperatives for noble seeds and lard, registered communities with limited liability, Brno, Roosevelt 7;
4. Cooperatives of economic distilleries, registered community with limited liability, Prague II, Na Poříčí 28;
5. Centrozelins, shopping and sales associations of cooperatives of vegetable, potato, horticultural and fruity cooperatives, registered community with limited liability, Prague II, in Jam No. 1;
6. the Czech Republic (former Schwarzenberg Supreme Economic Administration, Postoloprty);
7th Moravian-Silesian Land (Regional Plant Processing Institute in Přerov and Regional Research Institute of Grass, Rožnov pod Radhostí);
8. bishopric estates Nitra-castle (Radošiná breeding station);
9th administration of some Roman-Catholic estates of Anál at New Castle;
10. ing. E. Řehák in Dětenice (kennel Dětenice u Jicin);
11. Juliana Sonnenfeld and Margit Andríková, Pudmerice, Modra district (holding "Terrasol").
(1) The nationalisation referred to in Article 1 shall apply to the assets of the bodies listed therein, where, on the date of the publication of this Law, it is used for the production of seed and seed or for the marketing of seed and seed of certified varieties and, to the same extent, for the undertakings of other persons, where more than half of the capital belongs to them or where they have a decisive influence on them.
(2) The title referred to in paragraph 1 shall also be understood by the authorisation resulting from recognition as a breeding undertaking (§ 1, paragraph 2 of the Law of 2 July 1924, No 165 Coll., on the protection of plant production, in the Czech and Moravian-Silesian States as amended by the Government Decree of 6 April 1939 and No 113 Sb.), in particular the right to designate seed and seed varieties on behalf of, or to recognise them as, the "original" and the testing of varieties of cultural plants, "the" approved seed "or the" registered variety "or" in the register of the registered variety "of 17 March 2021," and the law of the "No 128 Coll., on the recognition of varieties, and the recognition of varieties of varieties of the original varieties of the original varieties, and of the original varieties of the plant), and of the seed or of which have been acquired seed," seed, "grown," recognised in the law, "on the variety" and the register of the variety "of the same," nost of the same, "s," s, "s," s, "or" or "s." s. "
(3) The Minister for Agriculture, Slovakia, after hearing the Minister for Agriculture and Land Reform, will determine, in each case, which rights under paragraphs 1 and 2 and which obligations (Paragraph 4) are transferred to the State. 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 proceedings for the determination of this extent of rights and obligations.
(1) The assets acquired by the Czechoslovak State by nationalisation pursuant to § § 1 and § 2 shall be incorporated by the Minister of Agriculture into the enterprise "State forests and goods," which shall continue to carry out the breeding and management of the nationalised property under the rules governing the management of state establishments, institutes and establishments which are not to perform administrative tasks.
(2) Parts of the assets of the national undertakings established under other provisions which mainly serve seed and seed production shall be removed by the competent minister in agreement with the agricultural and finance ministers from the property of those undertakings and the Minister of Agriculture shall be incorporated into the undertaking "State forests and goods." The same applies mutatis mutandis to the property confiscated under the Decree of the President of the Republic of 21 June 1945, No 12 Coll., on the confiscation and accelerated distribution of the agricultural assets of Germans, Hungarians, as well as to the traitors and enemies of the Czech and Slovak people, or under the Decree of the Slovak National Council of 23 August 1945, No 104 Coll. n. SNR, on the confiscation and the accelerated distribution of agricultural assets of Germans, Hungarians, as well as to the new land reform (permanent arrangement of ownership of the Slovak National Council of 14 May 1946, No 64 Coll. SNR, and of 19 December 1947, No. 89 Coll. SSR, as well as to the property acquired under the Act of 11 July 1947, No 142 Sb., on the revision of the first land reform, as amended of the Law of 21 March 1948, and of the Act of the Law of 21 March 1948, No 44 Coll.
(1) The Czechoslovak State (administration of state forests and goods) enters into the nationalisation date of the obligations belonging to the assets referred to in § § 1 and § 2; unless it is possible to determine which liabilities belong to the nationalised property nature, the Czechoslovak State (administration of state forests and goods) enters into obligations in proportion to the general prices of the nationalised property to the assets not nationalised, taking into account the provisions of § 5. The same applies in respect of assets transferred from a national undertaking pursuant to § 3 (2), first sentence. In agreement with the participating Minister and the Minister for Finance, the Minister for Agriculture shall issue the Directive on the allocation and evaluation of commitments and, as regards the assets transferred from the national undertaking pursuant to § 3 (2), first sentence, the relevant Minister in agreement with the Ministers for Agriculture and Finance.
(2) The obligations referred to in paragraph 1 shall not be treated as personal taxes, levies and charges of an earlier operator, and neither the nationalised property or the Czechoslovak State (administration of state forests and goods) shall be liable for them. Personal taxes and benefits shall be understood as pension, war allowance, rent tax directly levied, property tax pursuant to the Government Decree of 16 December 1942, No 410 Coll., property tax, property levy pursuant to the Law of 15 May 1947, No 134 Coll., property increase levy and property levy, and extraordinary benefits under the Law of 31 October 1947, No 185 Coll., extraordinary one-off levy and exceptional levy on excess capital gains. The methods of payment of these personal benefits shall be laid down by the Minister of Finance by a decree in the Official Journal.
(3) In the case of commitments which are economically unjustifiable, including obligations under service contracts, guaranteeing disproportionately high salaries for employees, provision benefits, outlets and so on, the Czechoslovak State (administration of state forests and goods) may request cancellation or other appropriate adjustments. If no agreement is reached on this, the arbitration panel shall decide on the request of one of the parties under the Law of 21 November 1946, No 228 Coll., on the arbitration courts for adjusting certain obligations of national undertakings.
Replacement.
(1) Paragraph 7 to 11 of the Decree of 24 October 1945 of the President of the Republic, No 100 Coll., on the nationalisation of mines and certain industrial enterprises, as amended by the Law of 28 April 1948, No 114 Coll., applies mutatis mutandis to compensation for the nationalised property. If, in the case of nationalisation pursuant to § § 1 and § 2, the property would otherwise have been subject to the takeover procedure under Act No. 142 / 1947 Coll. as amended by Act No. 44 / 1948 Coll., after the redemption pursuant to Act No. 46 / 1948 Coll., the amount of compensation for such property under those laws shall be determined.
(2) Undertakings nationalised under this Act shall be treated as a separate balance sheet unit within the "State forests and goods' within the company, which shall, according to a plan agreed by the Ministers of Agriculture and Finance, reimburse the Fund of the National Economy for the costs associated with the interest and amortisation of the replacement bonds for assets nationalised under this Act, after the costs associated with other means of compensation.
Final provisions.
The inclusion of the nationalised property (§ § 1 and § 2) in the "State forests and goods' business will be declared by the Minister for Agriculture in the Official Journal.
(1) On a proposal from the Ministry of Agriculture, the library court will register the transfer of ownership and other rights belonging to the nationalised property nature of the Czechoslovak State, referring to this law.
(2) The provisions of the preceding paragraph apply, mutatis mutandis, to the Czechoslovak State in the official registers and lists (water register, trade register, etc.).
This Act shall take effect on the day of its publication; it shall be implemented by the Minister for Agriculture in agreement with the participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Děuriš v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 126 / 1948 Coll., on the nationalisation of certain breeding enterprises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.06.1948 |
|---|---|
| Effective from | 03.06.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0