Decree No. 149 / 1950 Coll.
Decree on the full text of the Act on National Transport Enterprises
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149.
Order of the Minister for Transport
of 24 November 1950
on the full text of the Act on National Transport Enterprises.
Pursuant to Article VI of Act No 148 / 1950 Coll., amending and supplementing the Act on National Transport Enterprises, I declare in the Annex the full text of Act No 311 / 1948 Coll., on National Transport Enterprises, as follows from the later regulations and regulations of Article I of Act No 148 / 1950 Coll., with the addition of Articles II to V and VII of that Act.
Petr v. r.
Annex to Decree No. 149 / 1950 Coll.
Full text of Act No. 311 / 1948 Coll., as is apparent from the later regulations and regulations of Article I of Act No. 148 / 1950 Coll.
Law
of 22 December 1948
on national transport undertakings, as amended by the Act of 25 October 1950, No 148 Coll.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Nationalisation of certain transport undertakings.
The extent of nationalization.
(1) The date of publication of this Act is nationalised by:
1. public transport non-state rail,
2. undertakings for the regular carriage of persons and goods by road;
3. scheduled air transport undertakings; and
4. companies:
a) Czechoslovak sailing joint stock company Labská in Prague,
b) Prague Paranormal Society in Prague,
c) Remorving in Vltava and Labi, companies with r. o. in Prague,
d) Vltavsko- Labské dopravy, společnosti s r. o. in Prague,
e) Czechoslovak sailing joint stock company Oderský in Prague,
f) Czechoslovak Danube Cruises, akc. spol. in Bratislava,
g) Slovak Sea Cruises, akc. spol. in Bratislava,
h) Labsko-Vltavské změdních společnost s r. o. in Prague.
(2) The nationalisation referred to in paragraph 1 (1) to (3) shall not apply to transport undertakings which were owned or administered (national administration) on 1 December 1948 by the volumes of the People's Administration or on which the ties of the People's Administration are owned by at least half of them.
(3) The Minister for Transport shall, with effect, publish a notice in the Official Journal which the various railways and undertakings have been nationalised in accordance with paragraphs 1 to 3.
(4) By nationalisation, the State shall acquire ownership of all assets of nationalised enterprises.
(5) The extent of the nationalisation is decided by the Minister for Transport, who may exempt individual property parts or rights from nationalisation if they are not needed for the operation of a national transport undertaking (§ 7) and leave them to the owner to whom he may at the same time impose conditions, in particular the condition that he establish, within a specified period, for the benefit of a national transport undertaking, a service or exploitation right.
(6) The provisions of Decree-Law No 8 / 1928 Coll., on proceedings in matters falling within the competence of political authorities (administrative proceedings), do not apply to the procedure for determining the extent of nationalisation.
The measure concerning the nationalised property.
(1) The Minister of Transport shall designate and publish in the Official Journal which individual railways and undertakings (§ 1 (1))
(a) are integrated into national transport undertakings (Section 7);
(b) they shall be incorporated into a national undertaking other than a national transport undertaking for the compensation provided for in Article 3;
(c) are also left to them for compensation pursuant to § 3 of the Act No. 199 / 1948 Coll., on municipal undertakings.
(2) The decision referred to in paragraph 1 (a) shall be taken by the Minister of Transport in an agreement with the Minister of Finance, by a decision referred to in paragraph 1 (b) in an agreement with the competent Minister and the Minister of Finance, by a decision referred to in paragraph 1 (c) in an agreement with the Ministers of the Interior and Finance.
(3) If the nationalised property is not required for the purposes referred to in paragraph 1, the Minister of Transport may, in agreement with the Minister of Finance and the Minister responsible for Transport:
(a) to leave to the unions of the People's Administration for purposes other than the creation of a municipal undertaking, folk cooperatives or other legal persons for compensation under Article 3;
(b) transfer to another Minister to include him in the undertakings, institutes or establishments within his jurisdiction.
(4) Where the decisions referred to in paragraph 1 (a) and (b) or paragraph 3 (b) relate to the integration or transfer of transport undertakings of local importance which have been applied to the bundles of the People's Administration for the establishment of a municipal undertaking, they shall also be made by the Minister for Transport in agreement with the Minister for the Interior.
Replacement.
(1) The compensation is due for the nationalised property (§ 1). The provisions of § 7 to 11 of Decree of the President of the Republic No 100 / 1945 Coll., concerning the nationalisation of mines and certain industrial enterprises, as amended by the regulations amending it and supplementing it (hereinafter referred to as the "Decree '), apply accordingly, with the following derogations:
1. Compensation for the nationalised assets of railway installations enjoying or enjoying the benefits of deferral of operating deficits and advance expenses [Paragraph 156 (1) (a), second sentence of Act No. 86 / 1937 Coll., on Railways] may not exceed the nominal value of the non-drawn preference shares and shall only belong to holders of such shares; legal negotiations on transfers of ownership of preferential rail shares to the State, carried out in the two years preceding the application of this law, are legally ineffective, if it is the railway for which the State provides compensation under this law.
2. Compensation for the nationalised assets of undertakings referred to in § 1 (1) (2) to (4) belonging to public limited-liability companies or to companies with a branch shall not exceed the nominal value of the shares or joint ventures. The general price of this property shall not include the value of the assets intended for social and cultural care of the employees of the enterprise. The general price shall be deducted from the general price of the assets which the State has acquired from its own resources and transferred to the owner of the undertaking, as well as a proportion of the general price of the assets for which the State has granted the undertaking a cash contribution corresponding to the ratio of the State's contribution to the total cost.
(2) Reimbursement shall not be granted for nationalised property which, on the date of nationalisation, belonged to or belonged to persons who have been or will be lawfully convicted of criminal or criminal offences committed until the date of nationalisation.
(a) after 5 May 1945 pursuant to Act No. 50 / 1923 Coll., for the protection of the Republic, as amended by its amendments and amendments,
(b) pursuant to Article 43 of the Decree,
(c) pursuant to Act No. 15 / 1947 Coll., on the prosecution of black trade and similar affairs,
(d) pursuant to Act No. 27 / 1947 Coll., on the criminal protection of the implementation of a two-year economic plan;
(e) pursuant to Act No. 165 / 1946 Coll., on the criminal protection of national enterprises, nationalised enterprises and enterprises under national administration; or
(f) under Act No. 231 / 1948 Coll., to protect the People's Democratic Republic.
Switching commitments.
(1) In the liabilities of nationalised undertakings, undertakings to which the nationalised assets will be incorporated (§ 2) are entered. Paragraph 5, 5a and 6 of the Decree apply mutatis mutandis, where, according to that decree, the Minister of Industry has jurisdiction in matters governed by this Act, that competence is for the Minister of Transport.
(2) The provisions of paragraph 1 shall not apply to the obligations of nationalised railway undertakings for the payment of operating deficits and the advance payment of expenditure; These commitments will be taken over by the State if they have not already been paid from the resources of the existing state enterprise "Czechoslovak State Railways" and there will be no remuneration from the assets of the railways concerned.
General administration.
(1) The national undertakings shall be left by the Minister for Transport until measures have been taken pursuant to Article 2, in the interim management of existing owners, if they are no longer in the administration of the State. The provisions of § § 20 to 22 of Decree of the President of the Republic No. 5 / 1945 Coll., on the nullity of certain property-law negotiations from the period of infreedom and on national administration apply mutatis mutandis, after the provisions of the Slovak National Council Decree No. 50 / 1945 Coll. SNR, on the national administration, while the supervisory body is the Ministry of Transport. The Ministry of Transport is also the supervisory body in relation to the nationalised enterprises to which the national administration has been established.
(2) The rights and obligations arising at the time of the temporary administration of the nationalised enterprise are inherent in its assets.
(3) The proceeds (pensions) from the nationalised assets (Paragraph 1 (1)) up to the date of effective integration or transfer pursuant to § 2 (1) and (3) form part of the basis for the assessment of the tax on pension, general and special taxes on earnings and taxes on the income of the last owner of the nationalised property prior to its nationalisation.
Company demise.
(1) If the nationalised companies belong to public limited liability companies or companies with a branch, they shall cease to exist without liquidation on a date to be determined by the Minister for Transport and published in the Official Journal. On a proposal from the Ministry of Transport, the competent courts shall delete them in the Commercial (Company) Register, invoking the Act.
(2) The company's demise referred to in paragraph 1 shall transfer the right to compensation provided for in Article 3 after the prior payment of arrears of personal taxes and benefits of former owners to holders of shares or competitive shares; Paragraph 3 (1) (1) remains unaffected.
National transport companies.
General provisions.
Establishment of national enterprises.
(1) The following national transport undertakings (hereinafter referred to as "national undertakings") are hereby established by the Minister for Transport in the Collection of Laws on the day specified by the Government:
1. "Czechoslovak State Railways, National Enterprise" based in Prague,
2. "Czechoslovak State Automotive Transport, National Company" based in Prague,
3. "Czechoslovak cruise labská, national enterprise" based in Prague,
4. "Czechoslovak cruise oderská, national enterprise" based in Ostrava,
5. "Czechoslovak cruise Danube, National Enterprise" based in Bratislava,
6. "Czechoslovak Airlines, National Enterprise" based in Prague.
(2) The Government may, by regulation, change the name, registered office or object of the business of national undertakings, merge or abolish individual national undertakings, in the case of their property, to set up new national undertakings and to determine the name, registered office and subject matter of the business.
Property.
(1) The Minister for Transport will integrate into national enterprises in an agreement with the Minister for Finance
(a) the nationalised assets referred to in Article 2 (1) (a);
(b) existing State-owned enterprises "Czechoslovak State Railways" and "Czechoslovak Airlines";
(c) other state property.
(2) The integration of the assets referred to in paragraph 1 (c) shall also be carried out by the Minister for Transport in an agreement with the Minister whose administration it is subject to; the assets or parts thereof which are confiscated under the Order of the President of the Republic No. 108 / 1945 Coll., on the confiscation of hostile assets and National Recovery Funds, or which are administered by the National Recovery Fund pursuant to § 16 of Act No. 128 / 1946 Coll., on the nullity of certain property-law acts from the period of infreedom and claims from such nullity and other interference in the assets of the deceased, the Minister for Transport shall determine and include in the national enterprises, in agreement with the Minister of the Interior, in accordance with the provisions on the allocation of confiscated property.
(3) A national undertaking to which State property is incorporated (paragraph 1 (b) and (c)) enters on the date on which the assets are incorporated into its liabilities and the State is relieved of those obligations.
(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, exempt individual assets or liabilities from national undertakings established under this law and, in an agreement with the Minister in question, transfer them to his or her jurisdiction in order to take action on them in his or her field of competence.
(5) Parts of the property at State-owned civil airports, used by the existing State-owned company "Czechoslovak Airlines," will be given to the national enterprise "Czechoslovak Airlines" only in use, under the conditions laid down by the Ministry of Transport in an agreement with the Ministry of Finance and, if part of the property which is also used by the military administration, also in an agreement with the Ministry of National Defence.
(6) The provisions of § § 7 to 11 of the Decree, with the exception of § 10 (3) of the same Decree, apply mutatis mutandis to compensation for property confiscated under Decree No. 108 / 1945 Coll. or administered by the National Recovery Fund under § 16 of Law No. 128 / 1946 Coll.. The National Recovery Fund shall be charged to the National Economy Fund by an amount equal to the remuneration for the confiscated assets thus calculated.
(7) The Minister of Transport may, in agreement with the Minister of Finance, order national transport undertakings to transfer their tied deposits to the Fund for the National Economy.
(8) The Government will determine how to balance the balance of mutual claims between the National Recovery Fund and the National Economy Fund.
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 under management of the national undertaking cannot be claimed or satisfied by the State.
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 national undertaking "Czechoslovak State Automotive Transport" falls to the extent necessary for its construction and proper operation according to the equivalent of the rules for expropriation for the purposes of rust.
The subject matter of the business.
(1) The business of national enterprises is the transport of persons and goods.
(2) National undertakings may carry out and provide, including in special support establishments, all work and ancillary activities which serve the object of their business or the construction and maintenance of their equipment, even if otherwise they would require a trade licence. These special support plants and ancillary activities will specify the organisational status (§ 25).
National enterprise economy.
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 for Transport, in agreement with the Minister for Transport, the Minister for the State Office of Planning and the Minister for Finance will impose this on the national undertaking.
Operating community.
(1) In carrying out their tasks, national undertakings of all sectors (Section 7 (1)) are required to cooperate in operation in such a way as to make the most economical use of all their operating facilities and labour and to achieve, at the least cost, the greatest possible performance of national enterprises as an economic unit (operational community). In particular, national undertakings are obliged to complement each other by administrative, operational and transport operations, work and supplies, and to provide them, where possible, in accordance with uniform principles.
(2) The Ministry of Transport may also, after hearing the competent authority of the Unified Trade Union Organisation, order national undertakings to jointly procure certain operations, works and supplies.
(3) Mutual actions, works and supplies are charged by national undertakings under the Agreement in principle at their own cost; If no agreement is reached between them, the Ministry of Transport shall decide.
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. Replacement is enforced by order of law.
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 universal increase in the level of transport, improving labour organisation, caring for the selection, deployment and growth of cadres, and promoting socialist competition, in particular, as regards hitting and improving movements.
Staff.
Work, salary and pension ratios of employees.
(1) Employees in undertakings from which national undertakings are to be set up (Section 7 (1)), as well as civil servants designated by the Ministry of Transport for services in national undertakings, are transferred to the services of a national undertaking which has been set up by the undertaking's employer or at whose service it is designated and become employees of that national undertaking.
(2) The employment and wage ratios of staff of national undertakings shall be adjusted by national undertakings by working and wage regulations approved by the Ministry of Social Welfare. If these employees have been in a pragmatic or regulated service relationship, the government shall, by regulation, amend their pension and accident insurance.
(3) 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 requires the consent of that authority.
(4) Until the provisions referred to in paragraph 2 are adopted, staff members who have been in a pragmatic or regulated service relationship shall remain excluded from national pension insurance and shall be subject to pension and accident insurance measures, as well as to their employment and wage (pay) ratios, the existing rules, with the exception of the rules on the membership of individual staff measures; such jurisdiction shall be transferred exclusively to the administrative authorities of national undertakings.
(5) Pension and accident arrangements for employees of the existing state enterprise "Czechoslovak State Railways" in pragmatic or regulated service relationships whose active employment relationship ends before the establishment of the national enterprises "Czechoslovak Railways" and "Czechoslovak Automotive Transport," and their survivors remain intact. The Government shall lay down rules on the procedure for the provision of such measures by means of a regulation; the provisions of paragraph 4 shall apply mutatis mutandis until its issue.
(6) The Finance and Transport Ministers and the Chairman of the Supreme Accounting Audit Office will determine how the State and the National Enterprises will pay the "Czechoslovak State Railways" and "Czechoslovak State Automotive Transport" costs for the payment of pension benefits, including the salaries authorised under the discretion, and for the reimbursement of the benefits of accident insurance of employees of these national enterprises and their survivors, as well as the former employees of the state enterprise "Czechoslovak State Railways" and their survivors.
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 over the period preceding that date shall remain unaffected.
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.
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Regulation Information
| Citation | Decree No. 149 / 1950 Coll., on the full text of the Act on National Transport Enterprises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.11.1950 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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