Decree No. 152 / 1949 Coll.
Regulation establishing the organisation status of the Czechoslovak Post, national enterprise
Valid
Effective from 01.07.1949
152.
Government Regulation
of 25 June 1949
establishing the organisational status of the Czechoslovak Post Office, a national enterprise.
The Government of the Czechoslovak Republic orders pursuant to § 20 of the Act of 16 June 1949, No. 151 Coll., on the Czechoslovak Post Office, a national enterprise:
Organisational status of Czechoslovak Post, national enterprise.
General provisions.
The name of the company is "Czechoslovak Post, National Enterprise." The place of residence is Prague.
The object of the operation is to arrange for contact between postal, telegraph and telephone. It may also provide for other activities, taking into account its facilities in terms of economic efficiency and economic efficiency, provided that the object of its operation is not jeopardised; whether the undertaking will take over these additional tasks, the Ministry of Posts shall decide in agreement with the Ministry responsible for the matter.
The undertaking may, where necessary or appropriate, carry out self-supporting work which serves the object of its activity under Paragraph 2 or establish and maintain its equipment without requiring authorisation under trade legislation. This includes in particular the following auxiliary work (activities), which are not imposed on other undertakings by the single economic plan:
(a) setting up and maintaining the facilities used for the provision of reports;
(b) assembly work to the extent that it is not carried out by another national undertaking;
(c) repair and testing of telecommunications equipment;
(d) printing of postage stamps, valuables and other operational needs;
(e) repair and maintenance of own vehicles;
(f) heavy current installations of small scale in buildings owned and leased,
(g) minor design and maintenance work in buildings serving the operation of the enterprise;
(h) repair of its own operational equipment;
(ch) training and testing of drivers of motor vehicles and the drawing up of driving licences;
(i) care for own employees (catering, bed and breakfast).
Statements addressed to the users of the company's services shall be published by the undertaking, unless otherwise specified by specific regulations, in the Postal Bulletin.
(1) The undertaking is entitled to use permanently in public
(a) the title "ČSP,"
(b) a special brand of enterprise;
(c) a national character, individually or in a company character.
(2) The external arrangements and use of the state and corporate emblem are approved by the Ministry of Post in an agreement with the Ministry of Interior.
Business management.
(1) The management of the undertaking is the responsibility of the Director.
(2) The Director of the Company is appointed and dismissed by the Government after the hearing of the Unified Trade Union Organisation. The Director may waive his or her duties by making a declaration requiring the Minister for Posts to be accepted in order to be effective.
(3) Only a Czechoslovak citizen with expertise and experience can be director, and is statetically reliable and civil-good.
(4) The Director shall not pursue or participate in any gainful enterprise or activity contrary to the interests of the undertaking.
(5) The Director will make a promise to the Minister of Posts to carry out his duties in accordance with the interests of the State.
(6) In carrying out his duties, the Director shall be obliged to act with the care of a proper operator and shall be personally responsible for the performance of his duties. The Minister of Posts decides whether the Director should be charged with damages caused by him.
(7) The Director shall take up his duties on the day on which the promise is made and shall, if not already, become an employee of the undertaking; his employment shall cease on the day on which he was withdrawn or on the day on which his declaration of resignation was accepted. If the employment relationship has not been terminated in circumstances for which otherwise the employment relationship 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.
(8) The provisions and appeals of the Director shall not be subject to the provisions on co-decision of the staff race council on recruitment and dismissal of staff, on the basis of the co-operation of the latter in the assignment of staff to posts and the prior agreement of the District National Committee on the negotiation and disengagement of employment.
(9) The Director shall sign on behalf of the undertaking by adding his signature to the printed or written name.
(10) The title "Central Director 'shall be given to the Director.
(1) The Director shall manage and represent the undertaking.
(2) In Slovakia, the Director shall exercise his authority through the Regional Director.
(3) The Regional Director shall establish and dismiss the Minister of Post after the statement of the delegate and after hearing the competent authority of the Unified Trade Union Organisation. Paragraph 6, paragraph 2, second sentence and paragraphs 3 to 8 shall apply mutatis mutandis to the Regional Director.
(4) The directors are represented, if they are unable to perform their duties, by the head of staff of the Central Directorate (§ 8), appointed by the Director. The Director shall define the scope of his representation and may, in certain fields, delegate his powers to permanent representation. This provision shall apply mutatis mutandis to the Regional Director.
(1) The central directorate in Prague is the executive body of the Director for the whole country. The Executive Authority of the Regional Director shall be the Regional Directorate in Bratislava. The central directorates, after the district directorates, shall be subordinate to other executive bodies with a closer substantive or territorial scope. Those authorities, their districts and their registered offices shall determine the undertaking.
(2) The scope and internal breakdown of all executive bodies are regulated by the undertaking in such a way as to achieve the economic and efficient performance of the entrusted services by using modern business methods and to maximise the relationship between employees and their interest in the economic performance of the undertaking.
Business.
(1) The undertaking should be managed in accordance with the principles of the planned economy.
(2) The enterprise shall determine the scope, type and manner of operation and investment according to national economic and social needs and to the extent set out in the single economic plan.
(3) It keeps its installations in good condition, adequate to the needs of the operation, restores them and complements and improves them within the limits of economic efficiency, taking into account technical progress.
(1) Expenditure relating to operations shall be borne by the undertaking by its own operational means; If it is not sufficient, the firm shall obtain the necessary funds with the agreement of the ministries of post offices 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 the purpose of operation must not be used to finance investments.
(1) In order to cover investments, the undertaking uses the funds obtained by carrying out proper depreciation or otherwise; If it is not sufficient, the company shall obtain the necessary funds with the approval of the ministries of post and finance by credit (investment loan), at the Investment Bank, the National Company in Prague.
(2) Means intended for investment purposes may not be used temporarily for other purposes.
Until the implementation of depreciation is regulated by the provisions issued under the law of 22 February 1949, No 65 Coll., on valuation, the firm shall carry out depreciation according to the annual depreciation plan drawn up by the firm and approved by the Ministry of Posts in agreement with the Ministry of Finance; the amount of depreciation received will be used by the firm to restore its investments (Section 11).
The company is obliged to perform its salaries related to the operation of the transfer from an account with the bank for operating credit and the salaries related to investments with the Investment Bank, the National Company in Prague, unless the Ministry of Posts provides otherwise in the agreement with the Ministry of Finance. Payment by cash is permitted only under the directives issued by the Ministry of Post in agreement with the Ministry of Finance. Cash, in excess of the amount laid down in these Directives, the undertaking is obliged to transfer to a current account with the bank for operating credit.
The company is required to comply with the Ministry of Finance Directives on the contact of national enterprises with banks, on the monetary control of national enterprises and on the procedure for financing investments.
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.
For the fulfilment of commitments and operations related to the operation and 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, it shall be compensated for the difference between its own costs and the remuneration accepted for the fulfilment of those obligations. This refund, its amount and the way it is paid shall be decided by the Government, which shall at the same time determine the sector of the State Administration which shall provide the company with a specified compensation. The undertaking is required to properly demonstrate, at the same time as the financial statements of the losses incurred.
(1) The company draws up the company's budget and manages it. The company's calculation accounts are annexed to the state budget.
(2) The undertaking shall draw up an opening balance sheet within the time limit set by the Ministry of Posts in agreement with the State Office of Planning and the Ministry of Finance. In doing so, the Ministry of Post may, in agreement with the State Office of Planning and the Ministry of Finance, issue a more detailed directive on how to set up the opening balance sheet within the limits of the applicable valuation rules. This balance sheet will be reviewed by the Ministry of Posts and approved by the Government.
(3) The company shall draw up the accounts within a period to be determined by the Ministry of Post in agreement with the Ministry of Finance. The accounts shall be annexed to the State Accounts.
(1) At the time of its establishment, the starting-up capital of the company is the net value of the property determined in accordance with Section 13 of the Act of 16 June 1949, No. 151 Coll., on the Czechoslovak Post Office, National Enterprise, in the opening balance sheet (Section 17, paragraph 2).
(2) The company can only increase or reduce its equity according to the guidelines issued by the Ministry of Finance in an agreement with the Ministry of Finance.
The holding may dispose of or burden its real estate up to a maximum amount generally determined by the Ministry of Posts in agreement with the Ministry of Finance; the divestment or encumbrance of real estate in excess of that amount shall be permitted only with the agreement of the ministries of post and finance.
Top management and state supervision.
(1) The undertaking is subject to the management and supervision of the State. This competence is exercised - without prejudice to the competence of other public authorities - by the Ministry of Posts.
(2) The Ministry of Posts shall ensure that the undertaking carries out its tasks properly and economically. The Ministry of Posts shall in particular:
(a) issue guidelines for the establishment and implementation of a single economic plan in the field of the undertaking and monitor its implementation;
(b) examine and submit to the Government the accounts of the company (§ 17 (1)), the accounts of the company (§ 17 (3)), proposals for a State investment contribution (§ 15), proposals for compensation for special services (§ 16) and start-up balance sheet of the company (§ 17 (2));
(c) approve the credit measures of the company (Sections 10 and 11) and the depreciation plan (Sections 12);
(d) issue directives for the payment of cash (§ 13), for the establishment of the opening balance sheet (§ 17 (2)) and for the increase or reduction of Common Equity (§ 18 (2)),
(e) determine the amount by which an undertaking may dispose of or burden real estate and authorise the disposal or encumbrance of real estate of an undertaking in excess of that amount (§ 19);
(f) to keep an eye on the business and, for that purpose, to consult all of its books, containing entries relating to the business and other commercial documents, to require reports and explanatory notes and to act through the Director of measures to remedy the deficiencies identified.
(3) The Minister of Posts shall confer on the undertaking the exclusive rights of the State which confer special laws on the State postal and telegraph administration (post offices) and the obligations arising therefrom, provided that this does not affect the jurisdiction of the Ministry of Posts referred to in paragraph 1. The Ministry of Posts remains reserved:
(a) approve general measures of an undertaking governed by public law, in particular the issuing of rules on the use of the services of the undertaking and the setting of charges for such services;
(b) laying down general concession conditions for the establishment and operation of telecommunications equipment;
(c) giving the undertaking guidelines and measures necessary for the defence and protection of the State, and giving the undertaking guidelines on measures in postal and telecommunications traffic necessary to safeguard other interests of the State;
(d) prepare international postal and telecommunications contracts and participate in the conclusion of international operational agreements by the undertaking;
(e) setting out essential directives for international postal and telecommunications operations;
(f) to regulate state-of-the-art promotional matters in the field of enterprise;
(g) ensure that the undertaking maintains the obligations arising from the exercise of the exclusive rights of the State and from international agreements and agreements, and that the undertaking is adequately satisfied with public interests;
(h) to regulate other essential matters of mail and telecommunications, related to the exercise of the exclusive rights of the State.
(4) Until the date of entry into force of the Regulations of Employment and Labour (§ 16, paragraph 2 of Act No 151 / 1949 Coll.), the Ministry of Posts shall, in agreement with the Ministry of Finance and Labour and Social Welfare, supervise the measures of the company's bodies in respect of the employment and wage conditions of employees.
Efficiency and execution.
This Regulation shall enter into force on 1 July 1949; they shall be carried out by the postal minister in agreement with the participating members of the Government.
The date of the entry into force of Act No. 150 / 1950 Coll. expires the Government Decree No. 152 / 1949 Coll., which publishes the organizational status of Czechoslovak Post, a national enterprise if it contravenes this Act.
Zaporocký v. r.
Dr Neuman v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 152 / 1949 Coll., which publishes the organisational status of Czechoslovak Post, National Enterprise |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.06.1949 |
|---|---|
| Effective from | 01.07.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0