Government Decree No. 126 / 1949 Coll.
Regulation establishing the organisational status of the national transport undertaking "Czechoslovak navigation oderská, national enterprise"
Valid
Effective from 01.01.1949
Zobrazeno prvních 200 z celkem 244 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
126.
Government Regulation
of 10 May 1949
establishing the organisational status of the national transport undertaking "Czechoslovak cruise oder, national enterprise."
The Government of the Czechoslovak Republic hereby orders pursuant to Article 25 of the Act of 22 December 1948, No. 311 Coll., on National Transport Enterprises:
General provisions.
Company and headquarters.
(1) The company is entitled "Czechoslovak cruise oderská, national enterprise."
(2) The seat of the holding is Ostrava. The company is entitled to establish separate (subsidiary) plants both domestic and abroad.
A brand of business. Orders.
(1) The company is meant to be accompanied by its own handwritten signature or by a senior official representing it (§ 27).
(2) A communication addressed to the users of the company's services shall be published by the undertaking, unless otherwise specified by specific regulations, in a manner determined by the Ministry of Transport by means of a decree in the Official Journal of the Republic of Czechoslovakia.
The subject matter of the business.
(1) The company operates the transport of persons and goods to the Oder, its presence and connecting passages as well as sea navigation; The Ministry of Transport may extend this authorisation to other natural and artificial navigable waterways.
(2) The undertaking shall carry out, or procure separately, all the works and ancillary operations which serve the object of its business or the construction and maintenance of its equipment, including test or craft work of all kinds, but excluding development investments, and shall, where necessary, establish and operate specific ancillary plants, in particular:
(a) establish and operate workshops and AIFMs (shipyards) for the repair of own and foreign vessels and for the manufacture or repair of spare parts;
(b) buying, hiring or otherwise acquiring, repairing and selling ships and other means of transport, necessary machinery, as well as all landing facilities with all movable, immovable property, rights and obligations;
(c) operate a towing service;
(d) establish and operate events for the printing of tickets and printed matter, as well as for other reproduction (printers, planography, etc.) for the purposes of own operation, excluding any activity of this kind for the needs of persons other than the undertaking.
(3) As an ancillary undertaking, the undertaking shall carry out activities facilitating its business or serving carriers and passengers or the care of its own staff, even if otherwise required by a special business licence, with the exception of those referred to below under (e) and (ch) only on vessels, in ports, on other operating grounds or in the operating buildings of the undertaking, and in particular:
(a) arrange for insurance of passengers, baggage and goods and customs clearance of goods, and provide other services for normal customs operations both domestic and abroad;
(b) pay on behalf of the authorising officer the customs duties, taxes and other public benefits and charges for goods entrusted to the undertaking;
(c) procures redispatching of goods, carries out warehouse shops and operations with them normally linked and provides for loading, unloading and transhipment;
(d) establish and operate cloakrooms, luggage storage and carrier services;
(e) establish and operate ticket shops, information and other offices, monitoring the acquisition of transport, as well as tariff and tariff offices;
(f) establish and operate the business of the innkeeper and of the innkeeper (§ 16 of the Trade Code and § 23 of the Trade Code), as well as the business of selling travel goods, souvenirs, food and beverages of all kinds and fruits;
(g) advertising for other undertakings;
h) procures the sale of books, magazines and other publications;
(ch) it builds and operates a facility for the care of its own staff (dormitories, food stores, recovery facilities, consumer goods stores, racing kitchens, institutes for professional training and such).
(4) Where the activities referred to in paragraph 3 are of a trade nature, the relevant provisions of the Trade Code (Act) shall apply to their operation.
(5) The undertaking is entitled to carry documents in the service of its executive authorities (Paragraph 28), provided that it is facilitated by its own staff by its means of transport, as well as by the establishment, maintenance and operation of communication equipment on board vessels for its own business or for passengers, if it receives the relevant official authorisation.
(6) The undertaking is entitled to participate in, or associate with, enterprises pursuing the same or similar purpose, both domestically and abroad. If, within the limits of the relevant inter-state conventions, an undertaking, in addition to the Czechoslovak State, is located in a foreign undertaking, it may, for the duration of such participation, develop any of its business activities, in particular the provision of goods through that foreign undertaking, with the consent of the Ministry of Transport.
Business emblem.
(1) The undertaking is entitled to use permanently in public:
(a) the title "ČSPO,"
(b) a special brand and flag,
(c) State flags,
(d) a national character, either individually or in a company character.
(2) The adaptation and use of the company and national emblem as well as the company and national flags are subject to approval by the Ministry of Transport and Interior.
Business.
General principles of the economy.
(1) The undertaking should be guided by the principles of business. It organises its operation in such a way that, in the field of water transport, it can best and most economically meet the transport needs in the state.
(2) The undertaking determines its transport tasks and regulates the scope, type and mode of operation and the investment activity as required by the national transport plan as part of the single economic plan.
(3) The undertaking shall keep its installations in good condition, restore them adequately to the needs of the operation and complement them and improve them within the limits of economic efficiency and capacity-building, taking into account technical progress.
Financing operations.
(1) Expenditure relating to operations shall be borne by the undertaking through its own operational resources. If these funds are not sufficient, the company shall obtain the necessary funds with the agreement of the Ministry of Transport and Finance by credit (operating loan).
(2) When providing an operating loan, an undertaking may only be related to an operating loan bank.
(3) Means intended for operational purposes may not be used by the undertaking to finance investments.
Investment financing.
(1) In order to cover the costs of the investment, the undertaking will use the means generated by the implementation of depreciation (Section 8); If these funds are not sufficient, the company shall obtain additional investment funds with the agreement of the Ministry of Transport and Finance by credit with the Investment Bank, the National Company in Prague, according to the directives issued by the Ministry of Finance in agreement with the Ministry of Transport.
(2) The undertaking must not use funds intended for investment purposes or temporarily for other purposes.
Deficits.
The undertaking is obliged to carry out depreciation of investments according to a depreciation plan approved by the Ministry of Transport in an agreement with the Ministry of Finance; the funds received from depreciation will be used by the company to restore investment (Section 7 (1)).
The disposal and loading of real estate.
The undertaking may dispose of or burden its real estate up to a maximum amount generally determined by the Ministry of Transport in agreement with the Ministry of Finance; the divestment or encumbrance of real estate over that amount shall be permitted only with the agreement of the Ministry of Transport and Finance.
Payment service.
The company is obliged to pay its wages by transfer from its account to the bank for operating credit (§ 6, par. 2). Payment by cash is permitted only under the directives issued by the Ministry of Finance. Cash in excess of the amount permitted under these Directives shall be made available to the bank for operating credit. The undertaking may use the postal savings bank's services for contact with this bank.
State investment contribution.
(1) The State shall contribute to the investments identified by the single economic plan to the undertaking if the investments are made in the public interest and if the costs would exceed the economic possibilities of the undertaking, if the costs would be economically unacceptable. The amount of this investment contribution and the manner in which it is provided shall be determined by the government before the investment starts, i.e. in principle before the approval of the investment programme and the investment budget. On the same condition, the State will, in the same way and to the same extent, contribute to the company's remuneration and amortisation of loans for investments agreed by the date of establishment of the company and taken over by it [Sections 4 and 8, paragraph 3 of the Act of 22 December 1948, No 311 Coll., on national transport undertakings (in the next "Transport Company Act ')].
(2) Paragraph 121 of the Act of 20 May 1937, No. 86 Coll., on Railways (Railway Act) applies mutatis mutandis to the costs of the investment carried out by the company in order to defend the State.
Compensation for losses from special services.
(1) For the performance of transport, tariff or other obligations and operations imposed by the State or carried out in the interests of the national economy or in other important public interest which exceed the level normal in business and for which the undertaking does not receive direct remuneration corresponding to at least its own costs, the undertaking shall be liable for compensation equal to the difference between its own costs and the remuneration received for the fulfilment of those obligations. The compensation, its amount and the way it is paid shall be decided by the Government, which shall at the same time determine the government sector which will provide the company with the compensation provided for in the quarterly amounts due. The undertaking is required to properly demonstrate, at the same time as the financial statements of the losses incurred.
(2) The relevant provisions of the Railway Act shall apply mutatis mutandis to compensation for losses arising from special services in the interests of State defence.
Business.
In its company sector, the company is governed by the provisions of the Act of 16 May 1946, No. 116 Coll., on the uniform organisation of the business sector, and by the regulations issued pursuant to it.
Budget, opening balance, accounts.
(1) The company draws up the company's budget and manages it. His balance sheet is annexed to the state budget.
(2) The undertaking will draw up an opening balance by the deadline and in accordance with the directives laid down by the Ministry of Transport in an agreement with the Ministry of Finance. This balance shall be subject to government approval.
(3) The undertaking shall draw up the accounts within a period to be determined by the Ministry of Transport in agreement with the Ministry of Finance. The accounts shall be annexed to the State Accounts.
Tribal fortune.
(1) The core assets of an undertaking when it is set up are the net asset value determined in accordance with § 11 (2) of the Transport Enterprise Act in the opening balance (§ 14 (2)).
(2) The company can only increase or reduce its equity under the directives issued by the Ministry of Transport in an agreement with the Ministry of Finance.
Reserve fund.
The company shall form a reserve fund from the profit allocation (Paragraph 17), after the case of exceptional profits not related to the business subject and which are of an unoperational nature, as well as from exceptional contributions (donations), up to 30% of the share capital according to the status at the date on which the accounts are drawn up.
Allocation of profits and remuneration of losses.
(1) The profit of the company shall be:
(a) to the single fund of workers the amount fixed by the decree of the President of the Republic of 24 October 1945, No 104 Coll., on racing and business councils, as amended by the Law of 21 July 1948, No 188 Coll.,
(b) a reserve fund of up to 30% where necessary;
(c) the remainder to the Treasury.
(2) The Ministry of Transport may, in agreement with the Ministry of Finance and the Supreme Accounting Audit Office, if necessary, reduce accordingly the reserve fund allocation referred to in paragraph 1 (b) to up to 20%.
(3) A reserve fund is used to compensate for balance sheet losses. If the reserve fund is not sufficient for this purpose, the remainder of the loss shall be transferred to a new account.
The marketing year.
The general provisions on the single marketing year shall apply to the fixing of the marketing year and its division over the period.
Business management.
Administration.
The administrative authorities of the undertaking shall be:
(a) the Board of Directors,
(b) the director of the undertaking which is also chairman of the Board of Directors.
Board of Directors.
(1) The Board of Directors shall be composed of the President and six other members, each with an alternate.
(2) The members of the Board and their alternates are appointed by the Government, namely:
(a) one third of the other members and their alternates from the permanent staff of the undertaking, proposed by the competent authority of the single trade union organisation;
(b) the remaining two thirds of the members and their alternates from experts in transport, national economic, financial and technical matters after hearing the competent authority of the Single Trade Union Organisation.
(3) Members of the Board and their alternates may at any time be dismissed by the Government after hearing the competent authority of the Single Trade Union Organisation.
Membership of the board.
(1) Only a Czechoslovak citizen with expertise and experience can be a member of the Board of Directors or its alternate.
(2) The Board of Directors or its alternate may not, in particular:
(a) who operates a gainful undertaking the business of which is contrary to the interests of the undertaking, or carries out another function or activity which is contrary to those interests;
(b) a member of the racing board or its alternate;
(c) relatives of the director of the business in a direct line and his siblings.
(3) The function of a member or alternate on the Board of Directors shall cease:
(a) if the assumptions referred to in paragraph 1 are lost;
(b) if one of the obstacles referred to in paragraph 2 occurs with a member or alternate,
(c) if the board member or his alternate, appointed from among the employees of the undertaking (§ 20 (2) (a)), ceases to be an employee of the undertaking,
(d) if a member of the Board or his alternate has given up office during his term of office,
(e) if a member of the Board or his alternate has been removed,
(f) expiry of the term of office (paragraph 5),
(g) deaths.
(4) In doubt whether the reasons for the termination of the function referred to in paragraph 3 (a) or (b) have arisen, the Minister for Transport shall decide.
(5) The term of office of the Board shall be three years. However, members of the Board and their alternates shall continue to perform their duties until the new Board takes up its duties.
(6) The alternate shall represent the member for whom he was appointed only if he is busy. If a member renounces his post during his or her term of office, or if his or her membership ceases otherwise, his or her alternate shall take up the remainder of his or her term of office and the Government shall appoint him an alternate in accordance with Paragraph 20 (2).
The rights and responsibilities of the board.
(1) The members of the Board and their alternates will make a promise to the Minister of Transport that they will faithfully fulfil their obligations in accordance with the interests of the State and of the undertaking, that they will remain silent about the matters discussed by the Board and that they will not disclose them to anyone unless they are required under the relevant rules.
(2) The Board of Directors manages the business with the care of a proper economy, its members are personally responsible for carrying out their duties. The Ministry of Transport decides whether a member of the Board of Directors should be entitled to compensation for damage caused by failure to fulfil these obligations.
(3) The members of the Board, in the case of their alternates, are entitled to reimbursement of the final expenses associated with the performance of their duties under the directives issued by the Ministry of Transport in agreement with the Ministry of Finance. In agreement with the Ministry of Finance, the Ministry of Transport may, in addition, grant them remuneration for special work or for achieving particularly favourable economic results of the company.
(4) The provisions of Section 13 of Decree of the President of the Republic No. 104 / 1945 Coll., as amended by Article I of Law No. 42 / 1948 Coll., apply mutatis mutandis to the protection of the employment relationship of the members of the board and their alternates from the employees of the company.
The scope of the board.
The Board of Directors shall be responsible for:
(a) decide on its Rules of Procedure (Paragraph 24 (4));
(b) to decide on the measures for which approval by the Ministry of Transport is required, in the case of other ministries (central offices) or the government:
1. on the principles for the establishment and implementation of the transport plan (determination of transport tasks, modification of operations, investment activity and economy of operations, Section 5);
2. on the draft opening balance of the undertaking and its amendments (Section 14 (2)),
3. on the draft balance sheet (§ 14, paragraph 1, sentence two), the accounts (§ 14, paragraph 3), the distribution of profits or the remuneration of losses (§ 17) and the depreciation plan (§ 8),
4. on draft credit measures (Sections 6 and 7);
5. Proposals for increases or reductions in Common Equity (§ 15),
6. on proposals for a State investment contribution (§ 11) and compensation for losses from special services (§ 12),
7. Proposals for the disposal or encumbrance of real estate in excess of the amount determined by the Ministry of Transport in agreement with the Ministry of Finance (§ 9),
8. Proposals for recovery of damages against the director of the undertaking or members of the Board of Directors (§ 22, § 2 and § 25, § 5),
9. Proposals of contracts of an undertaking with foreign transport undertakings on the tariff and operating community,
10. Proposals for the staff of the enterprise and amendments to those Regulations (§ 29 (1)) and the draft directives for the award of remuneration to employees of the enterprise for exceptional performance and improvement (§ 29 (3) and (4)),
11. on the external treatment and use of the corporate or national character (§ 4 (2)) and the professional uniform or badge (§ 29 (2)),
12. on proposals for measures to be taken by an undertaking under regulations other than the Transport Company Act (Section 22, paragraph 2 of the Act), if they exceed the normal operation of the undertaking;
(c) decide on matters which exceed the normal operation of the undertaking, namely:
1. the acquisition of real estate or the sale of movable property, if the purchase or sale price exceeds the amount generally determined by the Ministry of Transport in agreement with the Ministry of Finance;
2. the disposal or encumbrance of real estate in excess of the amount generally determined by the Ministry of Transport in agreement with the Ministry of Finance,
3. setting up or abolishing the company's fissile (subsidiary) plants both domestic and abroad (§ 1 (2)),
4. where the value of the dispute exceeds the amount generally determined by the Ministry of Transport in agreement with the Ministry of Finance and the reconciliation in such disputes;
5. on principles for the award of works and supplies,
6. issues not directly related to the operation;
7. agreements with other national transport undertakings on the operational community if they exceed the normal operation of the undertaking;
8. On matters of an undertaking discussed in the Board of Directors of National Transport Enterprises on which a unanimous resolution has not been reached, following the opinion delivered by the Director of the Company in the Board of Directors (Section 20 (5) of the Transport Company Act),
9. On contracts of an undertaking with foreign transport undertakings on tariff and operating communities, unless their approval is reserved for the Ministry of Transport,
10. on the corporate rules on the scope and internal breakdown of the company's directorates (§ 28 (2)),
11. concerning the granting or withdrawal of a procure or of a commercial mandate, as well as the representatives of the Director and their powers (§ 27);
(d) discuss and approve a report by the Director of the Enterprise on the activities.
Meetings and resolutions of the board.
(1) The Board of Directors shall be qualified to act if the President or his representative are present (§ 27, first sentence) and at least 3 other members or their alternates. The proposal shall be deemed to have been adopted if an absolute majority of the members present or, in the event of a tie, by the President voting last.
(2) If the President considers that a decision of the Board of Directors is prejudicial to the interests of the undertaking or the interests of the State, he shall cease to exercise it and report immediately to the Board of Directors and the Ministry of Transport, which shall decide the case.
(3) The Minister of Transport may send representatives from active officials of the State Transport Administration to meetings of the Board of Directors; However, that representative shall not be entitled to vote. A representative of the Supreme Accounting Audit Office may also attend board meetings without the right to vote.
(4) Details of when and how the Board is convened, how it acts and how it is decided shall be laid down in the Rules of Procedure on which it will act.
Director.
(1) The Director of the Company shall be appointed and dismissed by the Government after hearing the competent authority of the Single Trade Union Organisation. The statement by which the Director renounces his or her duties shall be taken into account by the Minister for Transport, thereby withdrawing the Director.
(2) Only a Czechoslovak citizen with expertise and experience can be director, and is statetically reliable and civil-good.
(3) The Director shall not pursue or engage in an activity contrary to the interests of the undertaking.
(4) The Director shall make a promise to the Minister of Transport to carry out his duties conscientiously, in accordance with the interests of the State and of the undertaking, to maintain confidentiality of matters discussed by the Board and other matters of business secrecy, and to not disclose them to anyone unless they are required to do so under the relevant rules.
(5) The Director is, acting in his capacity, obliged to act with the care of a proper operator and is personally responsible for the performance of his duties. The Ministry of Transport shall decide on whether the Director should recover the damage caused by it.
(6) The Director takes up his duties on the day of the undertaking's commitment, which, if not already, becomes an employee of the undertaking; his employment shall cease on the date on which he was withdrawn or on the date on which it was noted that he was renounced. If the employment relationship has not been terminated in circumstances for which otherwise the employment may be cancelled prematurely, the Director shall be entitled to benefits for at least the period for which it would have been due if the employment had been disbanded by notice.
(7) The provisions and appeals of the Director shall not be subject to the provisions on co-decision of the Works Works Council on the recruitment and dismissal of staff members, on the basis of the involvement of the Director in the appointment of staff members and the prior agreement of the Regional Labour Protection Office in the negotiation and disengagement of employment.
(8) The title "Chief Executive 'shall be given to the Director.
Director's authority.
The Director represents the company and means its company, manages its normal operations, takes measures and decisions in its operations which are not reserved for the Board of Directors (§ 23) and implements the Board's decisions. If the Board of Directors is not in a position to act or if there is a danger of delay, it shall be for the Director to take the necessary urgent measures; is obliged to report them to the Board of Directors at the next meeting.
Acting Director.
The Director shall be represented as Chairman of the Board of Directors [§ 19 (b)] by a member of the Board appointed by the Board of Directors. In the rest of his powers (§ 26), he is represented by senior officials of the company's Directorate (§ 28), appointed by the Board of Directors. At the same time, the Board of Directors shall define the scope of representation and may also delegate it to permanent representation of the Director in certain matters of his or her competence.
Executive.
(1) The management bodies of the undertaking are the head office of the undertaking at its registered office (§ 1 (2)) and its subordinate operating and commercial units.
(2) The scope and internal breakdown of the company's directorates are governed by the internal rules of the company at which its board of directors takes decisions [§ 23 (c), 10].
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 126 / 1949 Coll., which publishes the organisational status of the national transport undertaking "Czechoslovak cruise oderská, national enterprise" |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.05.1949 |
|---|---|
| Effective from | 01.01.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0