Act No. 185 / 1948 Coll.
Act on the nationalisation of medical and nursing institutions and on the organisation of state constitutional medical care
Valid
Effective from 03.08.1948
185.
Law
of 19 July 1948
on the nationalisation of medical and nursing institutions and the organisation of state constitutional medical care.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The nationalisation of treatment and treatment institutions.
Medical and nursing institutions are, under this law, medical establishments in which persons who are ill or are in danger of being treated by or under the supervision of a doctor with professional assistance and who are responsible for investigation, treatment and treatment.
(1) On 1 January 1949, all assets which serve or are intended for the operation of medical and nursing institutions, with the exception of those of the holders of public social insurance, are transferred to the State.
(2) The property used or intended for the operation of the treatment and treatment institutions, which is part of the assets of the national enterprises, shall be removed by the competent minister in agreement with the health and finance ministers from the assets of those undertakings, and the Minister of Health shall use those assets when the institutions concerned are incorporated into the organisation of state institutions (§ 9).
(3) The Ministry of Health will declare with effect the service in the Official Gazette, which institutions and assets have been nationalised by this Act.
(4) The transition of real estate and library rights to the Czechoslovak State (state health administration) will be written by the library courts into public books on a proposal from the Ministry of Health, referring to this law.
(1) The State shall enter into force on the date of nationalisation of the assets in its liabilities. The State shall not enter into the obligations under which the property or operating equipment of the State-owned property is to be taken over after the date of application of this Act to a third party. No personal taxes, benefits and charges of the former owner shall be regarded as belonging to the State, and neither the State nor the State shall be liable for those liabilities. In particular, personal taxes and levies shall mean the tax on pension, war allowance, rent tax directly levied, property tax pursuant to the Government Decree of 16 December 1942, No 410 Coll., on property tax, property benefits pursuant to the Law of 15 May 1946, No 134 Coll., on the levy on property gains and on property benefits, and extraordinary benefits under the Law of 31 October 1947, No 185 Coll., on an exceptional one-off levy and exceptional levy on excess capital gains. The methods of payment of these personal taxes and benefits shall be laid down by the Ministry of Finance by a decree in the Official Journal.
(2) For commitments which are economically unjustifiable, including obligations under service contracts, guaranteeing disproportionately high salaries, benefits of provision, disposal or otherwise, the State may request cancellation or other appropriate adjustments. If this does not come to an agreement, the arbitration panel established under the Law of 21 November 1946, No 228 Coll., shall decide on arbitration courts for the modification of certain obligations of national undertakings.
(1) If the nationalised property is overindebted at the date of nationalisation, the national health authority may ask the court to adjust, up to the general price of the asset over-indebtedness on the date of nationalisation, the satisfaction of the obligations belonging to that property and to determine its maturity.
(2) Creditors shall be required to call upon the court in the Official Journal within the time limit laid down by the court to make their claims to the application pursuant to paragraph 1; if they do not, their claims against the State shall cease.
(3) The adjustment provided for in paragraph 1 shall be made as follows:
(a) the obligations arising from the creditors' claims to be excluded by the nature of the State property shall remain unaffected, provided that such claims have not ceased to be nationalised;
(b) the obligations arising from the claims of creditors having the right to separate satisfaction of a particular case shall also remain unaffected if they are covered by its value;
(c) other liabilities which, according to the order applicable to them [point (d)], will not be fully covered by the difference between the general price of the assets of the nationalised assets and the value of the liabilities which will remain unaffected under points (a) and (b) shall be satisfied on a pro rata basis. Such commitments shall also be considered as liabilities referred to in point (b), unless they are covered in the manner stated therein;
(d) the undertakings covered by point (c) shall be classified in four classes in order of rank. The costs of the proceedings belong to the first class, and the second to fourth classes are the liabilities which, according to the bankruptcy proceedings, belong to the first to third classes. Obligations of the same class shall be in equal order.
(4) If the undertakings in their order are not satisfied with the adjustment provided for in paragraph 3, they shall not be against the State. The adjustment of the commitments referred to in paragraph 3 shall only affect the State.
(5) Detailed provisions on jurisdiction shall be laid down by law, on the procedure referred to in the preceding paragraphs, on its effects on the limitation of claims, on disputes, on the enforcement and bankruptcy proceedings and on the right to separate satisfaction and on the way in which creditors' claims are established.
(1) The State may object to legal acts which, after 27 October 1945, the owner of the State-owned property intended to harm or make nationalisation or introduce property values for his or her own benefit.
(2) Retirement may take place within two years of the nationalisation of the property. Otherwise, the provisions of the Rules of the Opposition, issued by the Law of 27 March 1931, No 64 Coll., which issue bankruptcy, settlement and opposition orders apply mutatis mutandis.
(3) Legal proceedings concerning the transfer of assets covered by this Act or the transfer of capital holdings in companies whose assets are nationalised under this Act, if concluded six months before the date of publication of this Act, shall be valid only if approved by the Ministry of Health. Approval must be requested until 31 March 1949, otherwise approval shall be deemed not to have been granted.
(1) For property nationalised under this Act, except for the property of the bundles of the People's Administration, the property serving the operation of the existing public hospitals operated under the Act of 5 March 1888, No 19 No. z. z., which regulates the legal conditions v. v. hospitals in the Czech Republic, or the operation of the general hospital in Prague, it is the responsibility to compensate for the general price of the property. The general price shall be deducted from the aid granted to the owner or operator or to their legal predecessors by public funds or by public social insurance holders for construction and non-construction investments. The Ministry of Health may decide to deduct from the general price the value of the gifts and references provided to the owner or operator or their legal predecessors for the benefit of the nationalised institute. Otherwise, the provisions of Sections 7 to 11 of the Decree of the President of the Republic of 24 October 1945, No. 100 Coll., on the nationalisation of mines and certain industrial enterprises, as amended by the Law of 28 April 1948, No. 114 Coll. (hereinafter referred to as the "Decree ').
(2) The State will reimburse the Fund for the National Economy for the costs of providing compensation for assets nationalised under this Act, according to a plan agreed by the health and finance ministers.
(3) No compensation shall be granted to the national undertaking for the assets referred to in Paragraph 2 (2).
(1) Staff of nationalised institutes are transferred to the services of the State on the date of nationalisation and shall be classified in accordance with the relevant rules on civil servants; the classification shall be carried out by the Ministry of Health in agreement with the Ministry of Interior and Finance.
(2) The Government shall, by means of a regulation, lay down provisions on the assessment of the previous professional activities of the staff recruited by the State, which may provide for derogations from the provisions of paragraph 1 until the general salary arrangements of the staff of the State Medical and Nursing Institutions have been made.
Final provisions.
The legal acts, documents and official acts required for the implementation of Part I and for the organisation of the institutes referred to in Part II shall be exempt from taxes, fees and charges for official acts in administrative matters.
Proceedings transposing the provisions of this law or regulations issued under it shall be punishable by the District National Committee, unless the offence is more strictly punishable, by a fine of up to 100,000 CZK or by a sentence of one year at a time. At the same time, in the event of imperfections, the penalty shall be imposed in accordance with the rate of guilt within one year. If both sentences are measured at the same time, the punishment on the free side, together with the replacement punishment on the free side, must not exceed a period of one year.
Article 12 and 13 of Act No. 125 / 1948 Coll.
Until the law foreseen by Article 176 (3) of the Constitution of the Czechoslovak Republic enters into force, the powers reserved by this law to the Regional National Committees, to the Regional National Committees, to the Slovak Health Authority.
(1) The provisions of this Act, with the exception of Part II, also apply to military medical and nursing institutions; the responsibility, according to the provisions of Part I, for the Minister (Ministry) of Health, belongs to the Minister (Ministry) of National Defence for military medical and nursing institutions.
(2) The organisation, administration and operation of military treatment and treatment institutes are governed by specific rules.
(3) Military medical and nursing institutions may provide constitutional care to persons not covered by military medical care. Persons subject to military medical care may be granted institutional care in civil state medical and nursing institutions. The scope and reimbursement of constitutional care provided under this paragraph shall be determined by the Ministry of Health in agreement with the Ministers of National Defence, Social Welfare and Finance. The nature and extent of such care shall be governed solely by the medical condition of the treated person; It is therefore prohibited to divide treated persons into classes or to provide preferential constitutional care according to the amount of the payment.
The validity of any provisions contrary to this law shall be revoked where applicable.
The provisions of this Act shall also apply to cases of nationalisation of treatment and treatment institutions, carried out under other provisions after 1 January 1948.
This Act shall take effect on the day of its publication; It will be implemented by health, welfare, national defence, home and finance ministers in agreement with participating members of the government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Nosek v. r.,
also as Minister of Army Gen. Freedom
Dr Dolansky v. r.
Kliment v. r.
for Minister Erbana
Plojhar v. r.
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Regulation Information
| Citation | Act No. 185 / 1948 Coll., on the nationalisation of medical and nursing institutions and on the organisation of state constitutional medical care |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.08.1948 |
|---|---|
| Effective from | 03.08.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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