Act No. 148 / 1950 Coll.
Act amending and supplementing the Act on National Transport Enterprises
Valid
Effective from 24.11.1950
148.
Law
of 25 October 1950
amending and supplementing the Act on National Transport Enterprises.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Act No 311 / 1948 Coll., on National Transport Enterprises, is amended as follows:
1. Paragraph 7 (1) changes the name of the national enterprise "Czechoslovak Railways" to "Czechoslovak State Railways" and the name of the national enterprise "Czechoslovak Automobile Transport" to "Czechoslovak State Automobile Transport."
Article 8 (4) reads as follows:
"(4) The Minister for Transport may, in agreement with the Minister for Finance, include other national assets in national undertakings already established or transfer to them national assets; if such assets or liabilities fall within the competence of another Minister, they shall do so in agreement with that Minister. On the contrary, the Minister of Transport may, in an agreement with the Minister of Finance, remove individual assets or liabilities from the national undertakings established under this law and, in an agreement with the Minister of Transport, transfer them to his or her jurisdiction in order to take action on them in his own field of competence. '
3. Article 8 (6) shall be deleted;
4. The following Section 8a is inserted after Section 8:
Property management.
(1) The property of the national undertaking is owned by the State; the national enterprise is entrusted with such property in administration. In matters relating to this property, the national undertaking shall appear and act on its own behalf.
(2) Unless otherwise specified, it shall be entered in public books, official registers or lists maintained under Czechoslovak law as the owner of the property or the right held by the national undertaking in its management, with the designation of that national undertaking.
(3) With regard to assets incorporated into a national undertaking pursuant to Section 8, entries shall be made on a proposal from that national undertaking in accordance with a document issued by the Ministry of Transport or by a delegated authority.
(4) A national undertaking may not dispose of parts of the assets entrusted to its administration which are intended to be used permanently. Negotiations that oppose this ban have no legal consequences.
(5) The assets referred to in paragraph 4 shall not be subject to the acquisition by third parties of lien or other rights in kind, either library or non-library.
(6) Exemptions from the disposal ban referred to in paragraph 4 and the load ban referred to in paragraph 5 shall be authorised by the Ministry of Transport in agreement with the Ministry of Finance.
(7) The obligations of a national undertaking may be met only by the assets entrusted to it by the administration which are not intended to be used permanently by the national undertaking.
(8) The assets in the management of the national undertaking cannot be claimed or satisfied by the State. "
5.
Legal status.
(1) National undertakings are separate legal entities.
(2) National undertakings are registered in the company register. In the draft registration, the national undertaking shall indicate the name, date of establishment, the registered office and the manner in which it is represented and signed.
(3) The right of expropriation, to the extent strictly necessary for the construction and proper operation of the national undertaking "Czechoslovak State Automotive Transport," falls within the competence of the national company, according to the equivalent of the rules for expropriation for the purposes of rust. "
6.
Farm principles.
(1) National enterprises are governed by the principles of the socialist economy. In particular, they are obliged to carry out the tasks set out in the Single Economic Plan as best and most economically as possible, to increase labour productivity, to take care of the technical and economic development of transport, thereby improving their services to the working people. In doing so, they shall ensure that efforts to achieve favourable results in the performance of the planned tasks and in the efficient management are based on the socialist awareness of workers working in them and on the dependence of their material interests on those results.
(2) The activities of a national undertaking are determined by its business plan. Business plans are part of a single economic plan in their content.
(3) The national undertaking shall be obliged to operate according to the budget which is the basis of the financial plan forming part of its business plan.
(4) The financial management of national undertakings is governed by specific rules.
(5) The national undertaking is obliged to take over the tasks required during the economic period and the unforeseen business plan, even if their implementation would worsen the planned results of the national undertaking, if it is in the urgent public interest and the Minister of Transport, in agreement with the Minister of State and the Minister of Finance, will impose this on the national undertaking. '
7. Article 12 shall be deleted;
8. Article 13 (2) reads as follows:
"(2) The Ministry of Transport may also, after hearing the competent authority of the Unified Trade Union Organisation, require national undertakings to jointly procure certain operations, works and supplies. '
(9) Section III shall read as follows:
Organisation of national enterprises.
Organization policy.
(1) The organisation of a national enterprise must adapt to the principles of the socialist economy, ensure perfect cooperation and enable the planned tasks to be carried out successfully.
(2) The management of the national undertaking and its organisational units is always the responsibility of the sole manager with separate decision-making powers.
Director.
(1) The head of the national undertaking shall be the director who shall conduct his or her activities, represent the national undertaking and act on its behalf. It shall decide separately on all matters relating to the national undertaking, unless it is provided in individual cases that it needs the prior consent of the Minister for Transport or another body to take its decision. He is directly subordinate to the Minister for Transport and is responsible for his duties.
(2) For the successful implementation of the plan and, in particular, for its desirable overrun, the Director shall, where he has so deserved, be particularly remunerated under the directives issued by the Minister for Transport in agreement with the Minister for Finance, the Minister for Labour and Social Welfare and the competent body of the Single Trade Union Organisation.
(3) The Director shall be appointed and dismissed by the Government on a proposal from the Minister for Transport after hearing the competent authority of the Single Trade Union Organisation.
(4) Only a Czechoslovak citizen can be director, who must be devoted, civil and moral to the People's Democratic Order and be able to perform this function.
(5) The Director shall not engage in employment, function or activity contrary to the interests of the national undertaking.
(6) The Director shall promise the Minister of Transport to carry out his duties conscientiously in accordance with the interests of the State; the promise shall also be confirmed in writing.
(7) The statement by which the Director renounces his duties shall be taken into account by the Minister for Transport, which shall take effect.
(8) On the day of the promise, the Director shall assume his duties and shall become an employee of the national undertaking if he has not already been. His employment relationship shall cease on the day on which he was withdrawn or on the day on which it was noted that he was renounced. If the employment contract has not been terminated in circumstances for which otherwise the employment contract may be terminated unexpectedly, the salary shall be payable to the Director for a period corresponding to the notice period laid down in the general rules.
(9) The appointment and removal of the Director shall not be subject to rules on the co-operation of the race council in the recruitment and assignment of staff to posts, following the rules on the approval of the race council in the dismissal of staff; there is also no need for the consent of the body otherwise required in the negotiation and dissolution of the contract.
Acting Director.
(1) The Director shall be represented at the time of his absence or absence in full capacity by a representative appointed and dismissed by the Director with the agreement of the Minister for Transport; details are laid down in the Statute of National Enterprises (Section 25). The provisions of the Deputy Director shall not apply to the rules on the co-operation of the race council in the assignment of staff to posts.
(2) The Statute of National Enterprises (Section 25) also provides which additional persons and the extent to which they may act on behalf of the National Undertaking.
The entry of the Director and the Deputy Director in the company register.
The national undertaking shall notify its director and his representative for registration in the company register. Such persons shall be signed before a court or shall submit their signature in a certified form. They shall sign for the national undertaking by adding their signature to the printed or written name of the national undertaking.
Business manager.
(1) A farm operator must be established in a national undertaking. In particular, it has a duty to ensure that the national undertaking operates in agreement with its budget and performs its tasks as economically as possible. If the Director persists despite his warning of the original decision, which threatens to achieve the economic result determined by the budget, the farm manager shall report on this to the Minister for Transport.
(2) The business manager shall be appointed and dismissed by the Director with the agreement of the Minister for Transport. Paragraph 16 (1) of the second sentence applies mutatis mutandis.
Responsibility.
The Director and the persons who represent or procure the national undertaking shall be responsible for the damage caused to the national undertaking. The compensation shall be enforced by order of law. "
(10) Section IV shall read as follows:
Developing production forces and increasing labour productivity.
In order to develop production forces and increase labour productivity, national businesses must take care of deepening planning, ensuring conditions for a continuous and general increase in the level of transport, improving labour organisation, taking care of the selection, deployment and growth of cadres, and promoting socialist competition, in particular, as regards hitting and improving movements. "
11. In Paragraph 21, the following paragraph 2a is inserted after paragraph 2:
"(2a) Unless otherwise provided for in this law or regulation, the staff of a national undertaking shall be recruited and assigned to posts after consultation of the race council. Their release shall require the consent of that authority. '
12. The following Section 21a is inserted after Section 21:
The workers' fund.
(1) The company fund of workers (hereinafter referred to as "the Fund") serves to stimulate the material interest of the employees of the national enterprise in the results of the implementation of the business plan. The fund shall include a share of the profit achieved as planned and a share of a better profit than planned; In agreement with the Minister for Finance and the competent authority of the Single Trade Union Organisation, the Minister for Transport may also provide another basis for determining the allocation of the Fund. In calculating the proportion of a better economic result, account shall be taken of the total amount of the result obtained before any tax.
(2) In consultation with the competent authority, the Director of the Fund shall use a single trade union organisation.
(3) The Minister for Transport, in agreement with the Minister for Finance and the competent authority, provides for a uniform trade union organisation which belongs to the Fund, the assets and liabilities of the national undertaking. Property and liabilities belonging to the Fund and its management shall be reported separately in the national enterprise.
(4) The Minister for Transport, in agreement with the Minister for Finance, sets time limits for the payment of shares (allocation), in the case of the provision of advances on them and in agreement with the competent authority of the Single Trade Union Organisation, in the framework of the regulations provided for in Section 25, shall issue more detailed directives on the management and operation of the social, health, cultural and physical facilities of the Funds, as well as on the use of the funds. The Minister for Transport may also, in agreement with the competent authority of the Single Trade Union Organisation, adjust the internal breakdown of the funds to correspond to the operational scope of the national undertaking and its organisational breakdown.
(5) The date on which funds are set up in national undertakings, as well as the economic period for which allocations are granted to funds, is laid down by the Minister for Transport in agreement with the competent authority of the Single Trade Union Organisation. From the first day of this period, the relevant national undertakings are not subject to the provisions of § 24 of Decree No. 104 / 1945 Coll., on race and business councils, as amended by Act No. 188 / 1948 Coll., amending and supplementing certain other provisions of the President's Decree on Racial and Business Councils. The claims of the single fund working on the share of net profit for the period preceding that date shall remain unaffected. ';
13. Part Three:
Top management and supervision of national enterprises.
General provisions.
(1) National undertakings are subject to the management and supervision of the State.
(2) The tasks of the management and supervision of the State under this Act shall be specified by the Statute of National Enterprises (§ 25); they are provided by the Minister for Transport, unless they are reserved for other institutions. The Minister of Transport may delegate the various tasks to the National Committees.
(3) National undertakings are subject to all aspects of their activities.
(4) The rules governing the general supervision of the State on transport undertakings, in particular those governing business in the various transport sectors, shall remain without prejudice.
Provisions for the defense of the country.
(1) For the "Czechoslovak State Railways" national enterprise, the provisions of the Railways Act, which generally apply to railway undertakings, apply in defence matters to the country and to its military management. These provisions shall also apply mutatis mutandis to other national undertakings; In agreement with the Minister for Defence, the Minister for Transport will issue more detailed regulations on this, taking into account the importance of the national defence firm.
(2) Unless otherwise provided for in paragraph 1, the provisions of Act No. 131 / 1936 Coll., on State Defence, applicable to undertakings registered under it shall apply to national undertakings. '
14.
Statute of national enterprises.
The Statute of the National Transport Enterprises, which will be published by the Government by the Decree, shall lay down guidelines for national undertakings in particular on management, organisation, business plan, work and workers, care of cadres, means of production, operation and transport, financial management, business funds of workers and senior management and supervision of the State; it shall also indicate the authorities of the national undertakings whose registered office will be designated by the general court of the national undertakings and shall regulate the use of the name of the national undertakings in foreign languages, national characters and symbols, as well as the uniforms and service badges in the operation of the national undertakings. On the basis of the spirit of this Statute, national undertakings shall proceed according to the principles adopted by them to fulfil their mission. '
15. Article 26 (1) reads as follows:
"(1) The legal acts, documents, submissions for registration in public books and in the company register, and the official acts necessary for the implementation of this Act or for the preparation of such implementation, as well as the submission of national undertakings to the Ministry of Transport, shall be exempt from taxes, fees and charges. This shall not apply to the business activities of the national undertakings, to transfers of assets from the national undertaking which does not acquire the management of the entrusted property (§ 8a (1)), and to the entries of changes in the company register made after the registration of the national undertaking. '
(1) National undertakings shall be exempt from loans granted by the State on 1 January 1950.
(2) The Minister of Finance is hereby authorised to implement the settlement of the railway debts covered by Article 20 of Act No. 168 / 1949 Coll., on the definitive adjustment of the internal state debt and certain other debts from the period until 31 December 1945 on behalf of the State.
The lien rights conferred on the national undertakings and intended to be used permanently by the national undertaking shall cease without compensation and shall be deleted by the library court on the basis of a proposal from the national undertaking with reference to this law. The liabilities for which the lien was established remain unaffected. The government shall lay down rules on the conditions under which other rights in kind shall cease to exist, either by library or non-library, on such property.
The amendment of the entries in public books under Czechoslovak law, which were carried out by the date of the entry into force of this Act, shall be made in accordance with specific provisions. Adjustments to such entries which have been made in other cases, under the Czechoslovak law kept by official registers and lists, shall be made in accordance with the regulations issued by the Government by the Regulation.
At the date of the entry into force of this Act, Government Regulations Nos 123 to 128 / 1949 Coll., which issue the Organisational Statutes of individual national transport undertakings, shall cease to apply if they contravene this Act.
The Minister of Transport shall adapt and publish in the Collection of Laws the full text of Act No. 311 / 1948 Coll., as is apparent from the later regulations and regulations of the I of this law, with the addition of Articles II to V and Article VII thereof.
This Act shall take effect on the day of its publication; It shall be implemented by the Transport and Finance Ministers in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Cable v. r.
Plojhar v. r.
on behalf of the Minister for Transport Peter
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Regulation Information
| Citation | Act No. 148 / 1950 Coll., amending and supplementing the Act on National Transport Enterprises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.11.1950 |
|---|---|
| Effective from | 24.11.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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