Act No. 150 / 1950 Coll.
Act amending and supplementing the Act on Czechoslovak Post, National Enterprise
Valid
Effective from 24.11.1950
150.
Law
of 25 October 1950
amending and supplementing the Czechoslovak Post Act, the national enterprise.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Act No. 151 / 1949 Coll., on Czechoslovak Post Office, National Enterprise, is amended as follows:
1. The title of the Act reads:
"Law of 16 June 1949 on Czechoslovak State Post Office, National Enterprise."
2.
A national enterprise called "Czechoslovak State Post, a national enterprise" (hereinafter referred to as "the enterprise") is established from the existing state enterprise Czechoslovak Post. Its headquarters is Prague. "
3.
(1) The following shall be incorporated into the holding:
(a) the assets of the existing state enterprise Czechoslovak Post,
(b) property to which the State acquires ownership pursuant to Article 3.
(2) The undertaking enters into obligations on such assets; the current owners are exempt from these obligations. The undertaking shall enter into the liabilities of the assets referred to in paragraph 1 (a) on the date of its establishment, in the liabilities of the assets referred to in paragraph 1 (a). (b) the date on which the State acquires its ownership. "
4. Paragraph 5 shall become Article 3 and read:
(1) The State shall acquire ownership of telegraph and telephone equipment connected to the postal telecommunications network or for which postal telecommunications lines are used at the date of the entry into force of this Act. If such equipment is connected to or used for the postal telecommunications network after the date of the entry into force of this Act, the State shall acquire ownership on the date of their connection or use. The Minister for Posts may provide for an exemption from the validity of this provision where this is required for international relations.
(2) The undertaking shall reimburse the installations referred to in paragraph 1. In order to determine its amount, the relevant status of the installation on the date of its takeover shall be that of the undertaking. The refund shall be equal to the general price of these establishments, calculated on the basis of the official prices on the date of the takeover by the undertaking and, if these prices are not such, the price determined by the undertaking by estimates, minus the commitments. The date of taking over shall be the date on which the undertaking informs the former owner that it is taking over the installation. The method of granting compensation shall be laid down by the Minister of Post in agreement with the Minister of Finance.
(3) Refunds are not granted
(a) persons who would not benefit from compensation for the nationalised property pursuant to § 7 (1) and (2) of Decree of the President of the Republic No. 100 / 1945 Coll., on the nationalisation of mines and certain industrial enterprises, as amended by it changing and supplementing it;
(b) physical persons who have been lawfully convicted of a crime or offence pursuant to Act No 231 / 1948 Coll., for the protection of the People's Democratic Republic, committed until the date on which the State acquires ownership pursuant to paragraph 1;
(c) to physical persons legally convicted of crimes against the Republic in accordance with the title of the first special part of the criminal law committed until the date on which the State acquires ownership in accordance with paragraph 1. "
5. Article 3 shall be renumbered Article 4 and read:
(1) In an agreement with the Minister of Finance, the Minister of Post may also include or transfer to the undertaking any other national property belonging to the national property; if such assets or liabilities fall within the competence of another Minister, they shall do so in agreement with that Minister. Under the same conditions, the Minister of Post may include in the undertaking the assets of legal persons whose capital is solely a national undertaking or persons acting by order of the national undertakings, or transfer to it obligations belonging to that property.
(2) The transfer of the undertaking referred to in paragraph 1 shall exempt the former debtor. Such a transition does not require the authorisation of the creditor.
(3) If the property is confiscated under the Order of the President of the Republic No. 108 / 1945 Coll., the confiscation of hostile assets and National Recovery Funds, as amended by Act No. 84 / 1949 Coll., amending the decree of the President of the Republic on the confiscation of hostile assets and National Recovery Funds, the Minister of Postal Affairs shall, in agreement with the Minister of Finance, take the measures provided for in paragraph 1 in accordance with the provisions on the allocation of confiscated property. The National Recovery Fund shall charge the National Economy Fund an amount equal to the compensation for confiscated assets incorporated into the enterprise; this amount shall be determined mutatis mutandis in accordance with the principles for determining compensation for the national property. The government shall determine how the balance of mutual claims between the National Recovery Fund and the National Economy Fund shall be balanced. ';
6. Paragraph 4 shall become Article 5 and read:
(1) The Minister of Posts may remove from the holding assets or liabilities and make provision for them in his or her own field of competence, or transfer them into his or her jurisdiction in agreement with the competent minister in order to take measures for them in his or her own field of competence.
(2) The transfer of the undertaking referred to in paragraph 1 shall exempt the former debtor. Such a transition shall not require the authorisation of the creditor. '
7. Paragraph 8 (1) and (2) shall become Article 6 and read:
(1) The undertaking is a separate legal entity. The property of the holding is owned by the State; the undertaking is entrusted with such property in administration. In matters relating to this property, the undertaking acts in its own name.
(2) Unless otherwise specified, it shall be recorded in public books, official registers or lists maintained under Czechoslovak law as the owner of the property or the rightholder of the enterprise's management, by the Czechoslovak State with the mark of the enterprise. Minutes shall be made on a proposal from the undertaking, if the property or law has passed on to the firm by law, with reference to that law, otherwise under the measure by which the property was incorporated into the undertaking.
(3) The undertaking must 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.
(4) Third parties may not acquire lien or other rights in kind in respect of the assets referred to in paragraph 3, either library or non-library.
(5) Exemptions from the disposal ban referred to in paragraph 3 and the load ban referred to in paragraph 4 shall be authorised by the Ministry of Posts in agreement with the Ministry of Finance.
(6) The undertaking's liabilities can only be met by assets entrusted to it by the administration which are not intended to be used permanently by the undertaking (paragraph 3).
(7) The assets which the undertaking is under management cannot be claimed or satisfied by the State. "
8. Paragraph 8 (3) and (4) shall be renumbered Article 7 and read:
(1) The company will register with the Civil District Court in Prague. In the draft registration, the undertaking shall indicate the name, the date of establishment, the registered office, the way in which the undertaking is represented and the signature of the undertaking.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to the reporting of changes to these facts for registration in the company register. "
9. § 6 is renumbered § 8.
10. § 7 is referred to as § 9. The citation contained therein (§ 6 and § 20) is changed to § 8 and § 26; the words "organisation statute" are changed to "statute."
11. Article 9 shall be renumbered Article 10.
12. Section III shall be renumbered Section II.
13. Article 12 shall be deleted;
14. Paragraph 14 shall become Article 11 and read:
(1) The activity of an undertaking is determined by its business plan. The business plan is part of a single economic plan.
(2) The undertaking is obliged to operate according to the budget, which is the basis of the financial plan forming part of its business plan.
(3) The financial management of the holding is governed by specific rules.
(4) The company 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 company, if it is in the urgent public interest and the Minister of Post, in agreement with the Minister of State and the Minister of Finance, to impose this on the company. '
15. Paragraph 13 shall become Article 12 and read:
Property and liabilities shall be valued in the opening balance sheet according to the valuation rules. The difference between the value of the assets and the value of the liabilities on the date on which the undertaking was set up shall be its initial currency. '
16. Article 15 shall be deleted;
17. Section II shall be renumbered Section III and its title shall read: "Organisation of the undertaking."
18. The following Sections 13 and 14 are inserted after Section 12:
The organisation of an enterprise must adapt to the principles of the socialist economy, ensure perfect cooperation and enable the planned tasks to be carried out successfully.
(1) The head of the undertaking shall be the Central Director (hereinafter referred to as "the Director '), who shall conduct his activities, represent the undertaking and act on its behalf.
(2) The Director shall decide on the matters of the undertaking separately, unless it is stated on a case-by-case basis that he needs the prior consent of the Minister of Posts to take his decision.
(3) The Director shall be directly subordinate to the Minister for Postal Affairs; he shall be responsible for carrying out his duties.
(4) The Director shall be particularly remunerated for the successful implementation of the plan and, in particular, for its desirable overrun, where he has been responsible. The remuneration and its amount shall be decided by the Minister of Post in agreement with the Minister for Labour and Social Welfare and the competent authority of the Unified Trade Union Organisation. ';
19. Article 10 (1) to (8) and (10) shall become Article 15 and shall read:
(1) The Director of the Company is appointed and dismissed by the Government on a proposal from the Minister of Posts after hearing the competent authority of the Single Trade Union Organisation.
(2) Only a Czechoslovak citizen can be director, who must be devoted, civil and morally righteous to the People's Democratic Order and be able to perform this function.
(3) The Director shall not pursue employment, function or activity contrary to the interests of the undertaking.
(4) The Director shall promise the Minister of the Post to carry out his duties conscientiously in accordance with the interests of the State; the promise shall also be confirmed in writing.
(5) The Director shall take note of the statement by which he renounces his duties and shall take effect.
(6) On the day of the promise, the Director shall assume his duties and shall become an employee of the 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 relationship has not been terminated in circumstances for which otherwise the employment may be cancelled prematurely, the salary shall be payable to the Director for the period of notice laid down in the general rules.
(7) 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. '
20. The following Section 16 is inserted after Section 15:
The Director shall be represented at the time of his absence or absence in full capacity by a representative appointed and dismissed by the Minister of Post on a proposal from the Director; the details are laid down in the status of the undertaking (Section 26). The appointment and removal of the Deputy Director shall not be subject to rules on the co-operation of the race council in the assignment of staff to posts. ';
21.
(1) In Slovakia, the Director shall exercise his authority through the Regional Director.
(2) The Regional Director shall be appointed and removed by the Minister of Post after hearing the Director and the competent authority of the Unified Trade Union Organisation. Articles 14 (4) and 15 (2) to (7) shall apply mutatis mutandis to the Regional Director.
(3) Paragraph 16 shall apply mutatis mutandis to the representation of the Regional Director. "
22. Paragraph 10 (9) shall become Article 18 and read:
The undertaking shall notify the Director, the Regional Director and their representative for registration. Such persons shall be signed before a court or shall submit their signature in a certified form. They shall sign for the undertaking by adding their signature to the printed or written name of the undertaking. '
23. The following Section 19 is inserted after Section 18:
The Director and the persons who represent or procure the undertaking shall be responsible for the damage caused to the undertaking. The compensation shall be enforced by order of law. "
24. the following Section IV is inserted after Section III:
Developing production forces and increasing labour productivity.
In order to develop production forces and increase labour productivity, the company must take care of deepening planning, ensuring conditions for a consistent and universal rise in the level of its services, improving labour organisation, caring for the selection, deployment and growth of cadres, and promoting socialist competition and improvement movements. "
25. Sections IV to VI shall be designated as Sections V. to VII.
Article 26 (16) is renumbered Article 21.
27. The following Sections 22 and 23 are inserted after Section 21:
Save as otherwise provided for in this Act or in the regulations which it provides for, employees of the undertaking shall be recruited and assigned to posts after consultation of the race council. Their release requires the consent of that authority.
(1) The company fund of workers (hereinafter referred to as "the Fund") serves to stimulate the firm's employees' material interest in the results of the company's 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 with the competent authority of the Unified Trade Union Organisation, the Minister for Post 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) In agreement with the Minister for Finance and the competent authority, the Minister for Posts provides for a unified trade union organisation which belongs to the fund. The assets and liabilities of the fund and its management shall be reported separately on the holding.
(4) In an agreement with the Minister of Finance, the Minister of Posts shall set time limits for the payment of shares (allocation), in the case of the granting of advances on them and in an agreement with the competent authority of the Unified Trade Union Organisation, in the framework of the provisions laid down in Section 26, shall issue more detailed directives on the management and operation of the social, health, cultural and physical facilities of the Fund, as well as on the use of funds of the Fund.
(5) The date on which the fund will be set up in the undertaking, as well as the economic period for which the allocation is granted to the fund, is laid down by the Minister of Post in agreement with the competent authority of the trade union. From the first day of this period, the company is not subject to the provisions of § 24 of the President of the Republic No. 104 / 1945 Coll., on the Works and Business Councils, as amended by Act No. 188 / 1948 Coll., amending and supplementing certain other provisions of the President's Decree on Racing 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. ';
28. Article 17 shall be renumbered Article 24 and read:
(1) The company is subordinate to the management and supervision of the State, which is provided by the Minister for Posts, in so far as it is not a matter of competence under this law for the Government.
(2) In principle, the Minister of Post shall provide the tasks of the Head of Administration through the Director, in such a way that the performance of these tasks is the responsibility of the Director, unless the Minister of Administration has reserved his immediate powers. The Director shall be obliged to follow the instructions and instructions of the Minister of Posts. '
29. Paragraph 18 shall become Article 25. Its paragraph 2 reads as follows:
"(2) Unless otherwise provided for in paragraph 1, Act No. 131 / 1936 Coll., on the defence of the State, shall remain unaffected and the undertaking shall be subject to the provisions of that Act, applicable to undertakings registered under it. '
30. Article 19 shall be deleted;
31. Paragraph 20 shall become Article 26 and read:
The status of the undertaking to be designated by the government by the regulation shall be determined by the regulations on management, organisation, business plan, work and workers, care of cadres, postal and telecommunications operations, financial management, the labour fund and senior management and supervision of the State; it also provides for the use of the State emblem, the ownership mark and the company emblem and the manner in which the company's statutes are published. On the basis of the spirit of this Statute, the undertaking shall proceed in accordance with the principles established by it to fulfil its mission. '
32. Paragraph 21 is deleted.
33. Paragraph 22 is renumbered Article 27 and reads:
Legal proceedings, documents, submissions for registration in public books and registers and official acts necessary for the implementation of this Act or for the preparation of such implementation, as well as the submission of an undertaking to the Ministry of Posts shall be exempt from taxes, fees and charges. This shall not apply to the business activities of the undertaking, to transfers of assets from the undertaking not acquiring management of the entrusted property (Section 6 (1)), and to the entries of changes in the company register made after the registration of the undertaking. ';
34. The following Sections 28 and 29 are inserted after Section 27:
(1) The lien rights attaching to the assets entrusted to the undertaking and intended to be used permanently by the undertaking shall cease to exist without compensation and shall be deleted by the library court on a proposal from the 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.
(2) The provisions of paragraph 1 shall not apply to cases in which the Government authorises exemptions on a proposal from the Minister of Posts in agreement with the Minister of Finance.
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. '
Article 35 (23) shall be renumbered Article 30.
36. § 24 is renumbered § 31.
On 1 January 1950, the company was exempted from loans granted by the State.
On the day of the entry into force of this Act, Government Decree No. 152 / 1949 Coll., which establishes the organisational status of the Czechoslovak Post Office, will cease to apply to the national company if it contravenes this Act.
The Minister of Posts shall adapt and publish in the Collection of Laws the full text of Act No. 151 / 1949 Coll., as is apparent from the provisions of Article 5 (1) of the Act. I of this law, with the addition of Articles II and III of this law.
(1) Article I (3) and (4), where it contains the wording of Sections 3 (1), 3 (2) and 3 (a) and (b), shall take effect on 1 July 1949, Article I (4), Article 3 (3) (c), 1 August 1950 and Article I (1), (2) and (5) to (36) and Article II to (V) on the date of publication.
(2) This Act shall be implemented by the Minister of Post in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Neuman v. r.
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Regulation Information
| Citation | Act No. 150 / 1950 Coll., amending and supplementing the Act on Czechoslovak Post, National Enterprise |
|---|---|
| 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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