Act No. 249 / 1948 Coll.
Act on the nationalisation and management of agricultural and forestry research institutes
Valid
Effective from 19.11.1948
249.
Law
of 25 October 1948
on the nationalisation, organisation and administration of agricultural and forestry research institutes.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The nationalization of institutions.
Agricultural and forestry research institutes shall become nationalised on the day of the publication of this law under its other provisions.
(1) Special facilities (research, control and testing institutes, stations and experimental goods) serving primarily agricultural and forestry research, i.e. scientific research, testing, experimentation and the use of scientific knowledge in all fields of agriculture and forestry, are considered to be agricultural and forestry research institutes under this law (hereinafter referred to as "institutes").
(2) Agricultural and forestry research covers in particular the following fields:
(a) plant production,
(b) animal production,
(c) forestry and hunting production;
(d) agricultural, forestry and sociology;
(e) study of machinery and construction rationalisation issues in terms of agricultural and forestry needs.
The Ministry of Agriculture shall declare in the Official Journal which institutes have been nationalised pursuant to Section 1.
(1) By nationalisation, the State shall acquire ownership of the assets of the Institute, such as, in particular, buildings and other immovable property and their accessories and other facilities, including all assets and rights (licences, stamps, samples, water rights, etc., notes, securities, holding books, cash and claims), if they serve or are intended to operate the Institute, even if they belong to someone other than the Institute's owner.
(2) The Minister of Agriculture may exempt from the nationalisation of individual items of property and property files or rights, unless they are necessarily necessary for the operation of a state-owned establishment, and leave them to the owner, in which case he may impose conditions on him, in particular the condition that, within the prescribed period, he shall establish a service or a right of use for the State to operate a state-owned establishment.
(3) The size of the nationalisation referred to in paragraph 1 shall be decided by the Minister for Agriculture, in agreement with the Minister for Finance, in respect of the Constitution of the People's Administration, after the hearing of the relevant Regional National Committee and in respect of the institutes still in the possession of the relevant Union of Farmers, after the hearing of that Union.
Parts of the property of national or nationalised enterprises which are primarily serving agricultural, in the case of forestry research, or which are intended for its operation, may be excluded by the competent minister in agreement with the agricultural and financial ministers from the property of those undertakings and the Minister of Agriculture shall be incorporated into the property of the institution concerned.
(1) The State shall enter into a nationalisation date into liabilities which are linked to the assets of the institutes referred to in § 1. The State shall enter into commitments in proportion to the general prices of the State-owned assets to the assets not established, taking into account the provisions of § 8. The same applies mutatis mutandis with regard to assets excluded under § 5. In doubt, the Minister of Agriculture shall, in agreement with the Minister of Finance and, if there are parts of the property excluded pursuant to Article 5, also determine in agreement with the Minister responsible, which shall be transferred with a statetized or exempted (§ 5) property or part thereof. The Ministry of Agriculture may, in agreement with the participating ministries and with the Ministry of Finance, issue a decree in the Official Journal of the Directive on the evaluation of assets and the allocation and evaluation of liabilities. Paragraph 5a 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., applies mutatis mutandis.
(2) The obligations referred to in paragraph 1 shall not be subject to the personal taxes, levies and charges of the former operator, and the State shall not be liable for the State's nationalised assets. Personal taxes and benefits 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 levy pursuant to the Law of 15 May 1946, No 134 Coll., on property increase levy and property levy, and extraordinary benefits under the Law of 31 October 1947, No 185 Coll., on extraordinary lump-sum levy and exceptional levy on excessive property gains, as amended by the Law of 19 July 1948, No 180 Coll. 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.
(3) In the case of commitments which are economically unjustifiable, including obligations arising from service contracts, guaranteeing disproportionately high salaries for employees, benefits for provision, benefits for disposal, etc., the State may request cancellation or other appropriate adjustments. If this does not come to an agreement, the arbitration panel shall, pursuant to the Law of 21 November 1946, No 228 Coll., decide on arbitration courts for adjusting certain obligations of national undertakings.
(1) The staff of the nationalised institutes will be taken over by the date of the nationalisation of the Institute in the service of the State and will be included in the salary in accordance with the relevant rules on State employees; the classification shall be carried out by the Ministry of Agriculture in agreement with the Ministry of Interior and Finance.
(2) The Government shall, by means of a regulation, lay down provisions concerning 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 a general adjustment is made to the salaries of the staff of the institutions.
(1) The associations of the People's Administration and the competent Union of Farmers are not liable for compensation for property nationalised under this Act. Otherwise, provision § 7 to 11 of Decree No. 100 / 1945 Coll. as amended by Act No. 114 / 1948 Coll. Where, in the context of the nationalisation provided for in Paragraph 1, an asset which would otherwise be subject to a takeover procedure under the Law of 11 July 1947, No 142 Coll., on the revision of the first land reform, as amended by the Law of 21 March 1948, No 44 Coll., after the purchase pursuant to the Law of 21 March 1948, No 46 Coll., on the new land reform (permanent arrangement of ownership to agricultural and forestry land), the amount of compensation for such property shall be determined in accordance with those laws.
(2) The State will reimburse the Fund for the nationalised economy the costs associated with the interest and amortisation of securities provided as compensation for the assets of the institutions established by this Act, after the costs associated with the other means of compensation, according to a plan agreed by the Ministers for Agriculture and Finance.
Transitional and final provisions.
The material and personal costs associated with the operation of nationalised institutes still in the ownership of the associations of the people's administration and of the relevant Union of Farmers shall be reimbursed by the current owner, by 31 December 1948, of the funds secured in his budget.
(1) On a proposal from the Ministry of Agriculture, the library court shall register the transfer of ownership and other rights belonging to the property of the nationalized constitution to the State with reference to this law.
(2) The provisions of the preceding paragraph apply mutatis mutandis to the indication of the transfer of rights to the State in other official registers and lists (water register, aviation register, patent register, etc.).
The documents and official acts required for the implementation of Sections 4, 5, 6, 1 and 3 and 8 shall be exempt from fees and charges for official acts in administrative matters.
Where a measure under this Act applies to institutes not only engaged in agricultural or forestry research, the Ministry of Agriculture shall make them in agreement with the Ministry involved.
As long as the Regional National Committees do not begin to act, their powers under Section 4 (3) of the Regional National Committees are exercised in Slovakia by the authorities responsible for agriculture and land reform.
This Act shall take effect on the day of its publication; it shall be implemented by the Minister for Agriculture in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Děuriš v. r.
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Regulation Information
| Citation | Act No. 249 / 1948 Coll., on the nationalisation and organisation and administration of agricultural and forestry research institutes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.11.1948 |
|---|---|
| Effective from | 19.11.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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