Act No. 220 / 2000 Coll.

Act on amendments to certain laws in connection with the adoption of the Act on Property of the Czech Republic and its presentation in legal relations

Valid Law Effective from 01.01.2001
220
THE LAW
of 27 June 2000
on amendments to certain laws in connection with the adoption of the law on property of the Czech Republic and its presentation in legal relations
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Civil Code
Čl. I
Act No. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 27 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1994 Coll., Act No. 54 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll.
1. § 21a reads:
„§ 21a
(1) The organisational body of the State responsible shall act as a court in accordance with a specific law.
(2) Before a court on behalf of a State, the Head of the State's organisational body, or the staff member appointed by it, shall act on behalf of the State.
(3) Paragraph 21 (4) and (5) shall apply mutatis mutandis. "
2. In Paragraph 85 (4), the words "in whose territory the organisational body of the State competent under a special law is situated shall be inserted after the words" is a district court, "and, if the court so locally competent cannot determine, the court, '.

ČÁST DRUHÁ

Amendment to the Act supplementing the Civil Code and regulating certain other property relations
Čl. II
In Act No. 131 / 1982 Coll., amending and supplementing the Civil Code and regulating certain other property relations, Article II is deleted.

ČÁST TŘETÍ

Amendment of the Act on the Conditions for Transfer of State Assets to Other Persons
Čl. III
Act No. 92 / 1991 Coll., on Conditions for the Transfer of State Assets to Other Persons, as amended by Act No. 92 / 1992 Coll., Act No. 264 / 1992 Coll., Constitutional Act No. 541 / 1992 Coll., Act No. 544 / 1992 Coll., Act No. 210 / 1993 Coll., Act No. 306 / 1993 Coll., Act No. 224 / 1994 Coll. and Act No. 27 / 2000 Coll., is amended as follows:
1. In Article 1 (1), the words "(undertaking) 'shall be inserted after the words" other state organisations'.
2. In Article 1 (1), the words "or the assets of the State in the use of the organisations of which the municipalities (hereinafter referred to as" the undertaking ") are the municipalities, or which are in the administration of the Land Fund of the Czech Republic, including their holdings in the business of other legal persons, as well as the terms and conditions of the transfer of the State's shareholdings in the business of other legal persons' are replaced by the words" or the assets of the State in the management of the Land Fund of the Czech Republic, as well as the terms of the transfer of the State's holdings in the business of other legal persons'.
3. In Article 5, the following paragraph 1 is inserted:
"(1) The Government of the Czech Republic (hereinafter referred to as" the Government ") shall decide on the choice of the State's assets and interests in the business of the legal entities eligible for privatisation."
The current text becomes paragraph 2.
4. Paragraph 9 (1) reads as follows:
"(1) The State Administration of the Republic, which exercises the rights of the State in respect of participation in the business of legal persons, shall be responsible for drawing up the draft privatisation project of such participation within the time limit set by the Government and submitting it to the Ministry. ';
5. In Article 11 (5), the words "and the municipality 'are deleted.
6. Paragraph 45 (1) reads as follows:
"(1) The assets of the State and the assets of the State for the business of legal persons selected for privatisation are treated only under this law. Where a privatisation project has been submitted for such assets, a lien may not be established. '
7. in Paragraph 45, paragraphs 2, 5, 6 and 8, including footnotes 12) and 15) shall be deleted;
8. Paragraph 45 (7) becomes paragraph 2.
Čl. IV
Transitional provision
Matters owned by the State, on which, pursuant to § 57 (5) of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presence in legal relations, expired on 1 January 2001, the right of management carried out by state organisations so far, in which the function of the founder and the power to establish, manage and abolish such organisations was delegated under the special legislation to the respective representatives of the municipalities, shall be deemed to be assets under § 1 (1) of Act No. 92 / 1991 Coll., on the conditions for the transfer of the State's assets to other persons, as amended by Act No. 210 / 1993 Coll. If this property has been chosen as suitable for privatisation, the State's organisational body responsible for managing that property shall adequately fulfil the obligations of the founder or, where applicable, the undertaking under the Act on the terms of the transfer of the State's assets to other persons.

ČÁST ČTVRTÁ

Amendment of the Real Estate Register Act of the Czech Republic
Čl. VI
Transitional provision
1. If the property of the state, registered in the register, has been registered with the management law (19) or the interim administration (20), the jurisdiction of the state or state organization to manage the property of the state under Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presence in legal relations will continue to be registered.
2. If, on matters, apartments and non-residential premises owned by the State, registered in the register, the administration carried out by the Fund of Children and Youth has been registered, 21) the jurisdiction of that State organisation to manage State property under the law referred to in point 1 shall be registered on the basis of its notification.
3. If the matter, apartments and non-residential areas owned by the State, registered in the register, has been registered with the right of economy (19), and this right ceases to exist under the law referred to in paragraph 1.22), the State's organisational body shall be responsible for the management of the State's property under the law referred to in paragraph 1 on the basis of its notification.

ČÁST PÁTÁ

Amendment of the State Statistical Service Act
Čl. VII
Act No. 89 / 1995 Coll., on State Statistical Service, as amended by Act No. 356 / 1999 Coll., is amended as follows:
1. In Paragraph 2 (5), the words "a legal or natural person or part thereof and a State body 'are replaced by the words" a legal person, an organisational part of a State or a natural person'.
2. In Paragraph 2 (7), the words "the organisational body of the State 'shall be inserted after the words" the legal entity'.
3. In Paragraph 22 (4), the words "and the organisational elements of the State 'shall be inserted after the words" Legal persons'.
4. In Paragraph 22 (5), the words "and the organisational component of the State 'shall be inserted after the words" a legal person'.
5. In Paragraph 22 (7), the words "the organisational component of the State 'shall be inserted after the words" a legal person'.

ČÁST ŠESTÁ

Amendment to the General Health Insurance Act
Čl. VIII
In Section 3 of Act No. 551 / 1991 Coll., on the General Health Insurance Company, the words "exercising the right of management 'are deleted.

ČÁST SEDMÁ

Amendment of the Act on departmental, branch, corporate and other health insurance companies
Čl. IX
In Article 11 of Act No. 280 / 1992 Coll., on departmental, branch, corporate and other health insurance companies, the words "exercising the right of management 'are deleted.

ČÁST OSMÁ

Amendment to the Act on the Office of the President of the Republic
Čl. X
In Article 1 (1) of Act No. 114 / 1993 Coll., on the Office of the President of the Republic, the second sentence is deleted.

ČÁST DEVÁTÁ

Amendment of the Act on the Academy of Sciences of the Czech Republic
Čl. XI
Act No. 283 / 1992 Coll., on the Academy of Sciences of the Czech Republic, is amended as follows:
1. In Section 1, the second sentence is deleted.
2. In Article 3 (2), the words "as such, the establishment of an establishment as a budgetary or contribution organisation 'are replaced by the words" the establishment of an establishment as a contribution organisation';
3. Paragraph 10 (1) reads as follows:
"(1) The President shall act on all matters relating to the Academy."
4. In Paragraph 10 (4), the words "to act in demarcated areas on behalf of the Academy 'are replaced by the words" in demarcated areas'.
5. Paragraph 12 (1) is deleted and paragraph 2 is deleted.
6. In Paragraph 13, point (g) is replaced by a semicolon and the words "to that end, it may conclude association contracts with those institutions."
7. In Article 17, the words "another budgetary or contribution organisation 'are replaced by the words" another workplace'.

ČÁST DVANÁCTÁ

Amendment to collective bargaining law
Čl. XIV
In Article 3 of Act No. 2 / 1991 Coll., on collective bargaining, the current text is renumbered paragraph 1 and paragraph 2 is added, which includes footnotes 17) and 18):
"(2) The employment organisation referred to in paragraph 1 (b) shall also mean the State for which the organisation of the State is acting; 17) a collective agreement may be concluded between the head of the organisation of the State or any other authorised representative. 18)
17) § 3 of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations. Section 8b of the Labour Code.
18) § 9a of the Labour Code. '.

ČÁST ČTRNÁCTÁ

Amendment of the Act on the organisation and implementation of social security
Čl. XVI
Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 590 / 1992 Coll., Act No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 134 / 1997 Coll., Act No. 306 / 1997 Coll., Act No. 93 / 1998 Coll., Act No. 135 / 1999 Coll., Act No. 133 / 2000 Coll., Act No. 155 / 2000 Coll., and Act No. 159 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 29 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 133 / 2000 Coll., Act No. 155 / 2000 Coll., and Act No. 159 / 2000 Coll., is amended as follows:
1. Paragraph 5 (2) is deleted and paragraph 1 is deleted.
2. In Paragraph 120c, the current text becomes paragraph 1 and paragraph 2 is added, which includes footnote 67a:
"(2) For the purposes of this Act, the organisational component of the state67a) has the same status as the legal entity.
67a) § 3 of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations. "

ČÁST PATNÁCTÁ

Amendment of the Social Security Insurance Act and contribution to the State Employment Policy
Čl. XVII
In Article 23b of Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 160 / 1995 Coll., the current text is renumbered as paragraph 1 and paragraph 2 is added, which includes footnote 65a):
"(2) For the purposes of this Act, the organisational component of the state65a) has the same legal status as the legal entity.
65a) § 3 of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations. "

ČÁST ŠESTNÁCTÁ

Amendment of the Public Health Insurance Act and amending and supplementing certain related laws
Čl. XVIII
In Section 2 of Act No. 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related laws, the dot is replaced by a comma at the end of paragraph 2 and the words, including footnote (1a), are added: "as well as the organisational component of the State. (1a)
1a) § 3 of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations. "

ČÁST SEDMNÁCTÁ

Amendment to the Pension Insurance Act
Čl. XIX
In Article 11 of Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll. and Act No. 289 / 1997 Coll., at the end of paragraph 2, the dot is replaced by a comma and the following words are added: "as well as the organisational component of the State. 16a)
16a) § 3 of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations. "

ČÁST OSMNÁCTÁ

Amendment to the Supreme Audit Office Act
Čl. XX
Act No. 166 / 1993 Coll., on the Supreme Audit Office, as amended by Act No. 331 / 1993 Coll., Act No. 117 / 1994 Coll., Act No. 224 / 1994 Coll., Act No. 58 / 1995 Coll., Act No. 236 / 1995 Coll., Constitutional Court Act No. 296 / 1995 Coll., Act No. 148 / 1998 Coll. and Act No. 132 / 2000 Coll., is amended as follows:
1. Paragraph 3 (2) reads as follows:
"(2) The Office shall carry out checks to the extent provided for in paragraph 1, unless otherwise provided for in a special law, on:
(a) the organisational elements of the State;
(b) legal and natural persons. ";
footnote 1 is deleted.
2. in Article 17 (3) (a):
"(a) the subject matter and objectives of the control and designation of the controlled authority, the organisational body of the State, the legal or natural person (" the controlled person "), '.
3. Paragraph 33 (2) reads as follows:
"(2) The administration of the Office with the State property, including the State budget of the Chapter of the Office, shall be controlled by the Chamber of Deputies or by the authority which it has set up or entrusted for this purpose."

ČÁST DEVATENÁCTÁ

Amendment of the Act on the jurisdiction of the authorities of the Czech Republic in the case of transfers of State assets to other persons and on the National Property Fund of the Czech Republic
Čl. XXI
Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic in respect of transfers of State property to other persons and on the National Property Fund of the Czech Republic, as amended by Act No. 285 / 1991 Coll., Act No. 438 / 1991 Coll., Act No. 569 / 1991 Coll., Act No. 282 / 1992 Coll., Act No. 210 / 1993 Coll., Act No. 224 / 1994 Coll., Act No. 120 / 1995 Coll., Act No. 135 / 1996 Coll., Act No. 104 / 2000 Coll., and Act No. 211 / 2000 Coll., is amended as follows:
1. In Paragraph 2 (1), the first sentence, the second words "and the municipality 'are deleted.
2. In Article 2 (2), the words "and the municipality 'are deleted.
3. In Article 5 (5), the words "and the municipality 'are deleted.

ČÁST DVACÁTÁ

Amendment of the State Enterprise Act
Čl. XXII
Act No. 77 / 1997 Coll., on State Enterprise, as amended by Act No. 30 / 2000 Coll., is amended as follows:
1. In Article 2 (5), the second sentence and the fourth sentence are deleted.
2. Paragraph 16 (2) reads as follows:
"(2) An undertaking established under this Act shall, when managing the property of the State, exercise the right of the owner under special legislation. '
3. Paragraph 16 (3) reads as follows:
"(3) The legal acts relating to assets undertaken by an undertaking without the approval of the founder prescribed by this Act shall be void from the outset. This shall be without prejudice to the provisions of specific legislation, insofar as they make the legal act subject to the authorisation of a derogation, approval or prior approval by the Government or the designated Ministry. ';
4. In Article 16, the following paragraph 7 is inserted after paragraph 6:
"(7) An undertaking may establish a lien for property only with the approval of the founder. '
Paragraph 7 shall become paragraph 8.
5. Paragraph 17 (2) reads as follows:
"(2) An undertaking may only treat the designated property with the approval of the founder. ';

ČÁST DVACÁTÁ DRUHÁ

EFFECTIVE
Čl. XXIV
This Law shall take effect on 1 January 2001.
Klaus v. r.
Havel v. r.
Zeman v. r.
19) Article 761 (1) of the Commercial Code. Decree No. 119 / 1988 Coll., on the Management of National Property, as amended.
20) Article 761 (1) of the Commercial Code. Decree No. 61 / 1986 Coll., on the Interim Administration of National Property, as amended by Act No. 539 / 1992 Coll.
21) Act No. 113 / 1993 Coll., on the Fund of Children and Youth, as amended by Act No. 307 / 1997 Coll.
22) Paragraph 57 (5) of Act No. 219 / 2000 Coll. '.

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Regulation Information

CitationAct No. 220 / 2000 Coll., on amendments to certain laws in connection with the adoption of the Act on Property of the Czech Republic and its presentation in legal relations
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation21.07.2000
Effective from01.01.2001
Effective until-
Status Valid
The regulation text is for informational purposes only.
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