Act No. 311 / 1948 Coll.
Act on National Transport Enterprises
Valid
Effective from 30.12.1948
311.
Law
of 22 December 1948
on national transport undertakings.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Nationalisation of certain transport undertakings.
The extent of nationalization.
(1) The date of publication of this Act is nationalised by:
1. public transport non-state rail,
2. undertakings for the regular carriage of persons and goods by road;
3. scheduled air transport undertakings; and
4. companies:
a) Czechoslovak sailing joint stock company Labská in Prague,
b) Prague Paranormal Society in Prague,
c) Remorving in Vltava and Labi, companies with r. o. in Prague,
d) Vltavsko- Labské dopravy, společnosti s r. o. in Prague,
e) Czechoslovak sailing joint stock company Oderský in Prague,
f) Czechoslovak Danube Cruises, akc. spol. in Bratislava,
g) Slovak Sea Cruises, akc. spol. in Bratislava,
h) Labsko-Vltavské změdních společnost s r. o. in Prague.
(2) The nationalisation referred to in paragraph 1, No 1 to 3 shall not apply to transport undertakings which were owned or administered (national administration) on 1 December 1948 by the volumes of the People's Administration or on which the ties of the People's Administration are at least half of the property.
(3) The Minister of Transport shall, with effect, publish in the Official Journal of the Republic of Czechoslovakia, which individual railways and undertakings have been nationalised pursuant to paragraph 1, paragraphs 1 to 3.
(4) By nationalisation, the State shall acquire ownership of all assets of nationalised enterprises.
(5) The extent of the nationalisation is decided by the Minister for Transport, who can remove individual property parts or rights from nationalisation, if they are not needed for the operation of a national transport undertaking (§ 7), and leave them to the acquiring owner, who may at the same time impose conditions, in particular the condition that, within a specified period, he establishes a service or a right of use for a national transport undertaking.
(6) The provisions of the Government Decree of 13 January 1928, No 8 Coll., on proceedings in matters falling within the competence of political authorities (administrative proceedings), do not apply to the procedure for determining the extent of nationalisation.
The measure concerning the nationalised property.
(1) The Minister of Transport shall designate and publish in the Official Journal of the Czechoslovak Republic, the individual railways and undertakings (§ 1, paragraph 1)
(a) are integrated into national transport undertakings (Section 7);
(b) they shall be incorporated into a national undertaking other than a national transport undertaking for the compensation provided for in Article 3;
(c) are also to be left to the associations of the People's Administration to establish municipal undertakings under the Act of 21 July 1948, No 199 Coll., on municipal enterprises.
(2) The decision referred to in paragraph 1 (a) shall be taken by the Minister of Transport in an agreement with the Minister of Finance, a decision referred to in paragraph 1 (b) in an agreement with the competent Minister and the Minister of Finance, a decision referred to in paragraph 1 (c) in an agreement with the Ministers of the Interior and Finance.
(3) If the nationalised property is not required for the purposes referred to in paragraph 1, the Minister of Transport may, in agreement with the Minister of Finance and the Minister responsible for Transport:
(a) to leave to the unions of the People's Administration for purposes other than the creation of a municipal undertaking, folk cooperatives or other legal persons for compensation under Article 3;
(b) transfer to another Minister to include him in the undertakings, institutes or establishments within his jurisdiction.
(4) Where the decision referred to in paragraph 1 (a) and (b) or paragraph 3 (b) concerns the integration or transfer of transport undertakings of local importance which have been applied to the ties of the People's Administration for the establishment of a municipal undertaking, the Minister for Transport shall also take them in agreement with the Minister for the Interior.
Replacement.
(1) The compensation is due for the nationalised property (§ 1). Section 7 to 10 of 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 Act of 28 April 1948, No. 114 Coll. (hereinafter "the Decree '), with the following derogations:
1. Compensation for the nationalised assets of railway installations enjoying or enjoying the benefits of deferral of operating deficits and advance payments [Paragraph 156 (1) (a), second sentence of the Act of 20 May 1937, No. 86 Coll., on Railways] may not exceed the nominal value of the undrawn preference shares and shall only belong to the holders of such shares; legal negotiations on transfers of ownership of preferential rail shares to the State, carried out in the two years preceding the application of this law, are legally ineffective, if it is the railway for which the State provides compensation under this law.
2. Compensation for the nationalised assets of undertakings referred to in § 1, paragraphs 1, 2 to 4, belonging to public limited liability companies or to companies with a branch, may not exceed the nominal value of the shares or joint ventures. The general price of this property shall not include the value of the assets intended for social and cultural care of the employees of the enterprise. The general price shall be deducted from the general price of the assets which the State has acquired from its own resources and transferred to the owner of the undertaking, as well as a proportion of the general price of the assets for which the State has granted the undertaking a cash contribution corresponding to the ratio of the State's contribution to the total cost.
(2) Reimbursement shall not be granted for nationalised property which, on the date of nationalisation, belonged to or belonged to persons who have been or will be lawfully convicted of criminal or criminal offences committed until the date of nationalisation.
(a) after 5 May 1945 pursuant to the Act of 19 March 1923, No. 50 Coll., for the protection of the Republic, as amended by the laws amending it and supplementing it,
(b) pursuant to Article 43 of the Decree,
(c) pursuant to the Act of 13 February 1947, No 15 Coll., on the prosecution of black trade and similar entanglements,
(d) pursuant to the Act of 13 February 1947, No 27 Coll., on the criminal protection of the implementation of a two-year economic plan;
(e) pursuant to the Act of 18 July 1946, No 165 Coll., on the criminal protection of national enterprises, nationalised enterprises and enterprises under national administration; or
(f) under the Act of 6 October 1948, No. 231 Coll., for the Protection of the People's Democratic Republic.
(3) The use of securities corresponding to the value of the nationalised property for which no compensation is granted to the persons referred to in paragraph 2 shall be subject to the provisions of Section 5, paragraph 2, No 2 of the Act of 11 March 1948, No 51 Coll., on the adjustment of certain financial ratios of national industrial and food undertakings.
Switching commitments.
(1) In the liabilities of nationalised undertakings, undertakings to which the nationalised assets will be incorporated (§ 2) are entered. Paragraph 5, 5a and 6 of the Decree apply mutatis mutandis, where, according to that decree, the Minister of Industry has jurisdiction in matters governed by this Act, that competence is for the Minister of Transport.
(2) The provisions of paragraph 1 shall not apply to the obligations of nationalised railway undertakings for the payment of operating deficits and the advance payment of expenditure; These commitments will be taken over by the State if they have not already been paid from the resources of the existing state enterprise "Czechoslovak State Railways" and there will be no remuneration from the assets of the railways concerned.
General administration.
(1) The national undertakings shall be left by the Minister for Transport until measures have been taken pursuant to Article 2, in the interim management of existing owners, if they are no longer in the administration of the State. Paragraph 20 to 22 of the Decree of the President of the Republic of 19 May 1945, No 5 Coll., on the nullity of certain acts of property law from the period of infreedom and on the national administration of the assets of Germans, Hungarians, traitors and collaborators, and of certain organisations and institutes, after the provisions of the Slovak National Council Regulation of 5 June 1945, No 50 Coll. on national administration, the supervisory body being the Ministry of Transport. The Ministry of Transport is also the supervisory body in relation to the nationalised enterprises to which the national administration has been established.
(2) The rights and obligations arising at the time of the temporary administration of the nationalised enterprise are part of the property.
(3) The proceeds (pensions) obtained from nationalised assets (§ 1 (1)) up to the date of effective integration or transfer pursuant to § 2 (1) and (3) form part of the basis for the assessment of the tax on pension, general and special taxes on earnings and the income of the last owner of the nationalised property before its nationalisation.
Company demise.
(1) If the nationalised companies belong to public limited liability companies or companies with a branch, they shall cease to exist without liquidation on a date to be determined by the Minister of Transport and published in the Official Journal of the Czech Republic. On a proposal from the Ministry of Transport, the competent courts shall delete them in the Commercial (Company) Register, invoking the Act.
(2) The company's demise referred to in paragraph 1 shall transfer the right to compensation provided for in Article 3 after the prior payment of arrears of personal taxes and benefits of former owners to holders of shares or competitive shares; Paragraph 3 (1), No 1, remains unaffected.
Top management and supervision of national enterprises.
Check.
National undertakings shall be subject to control by the Supreme Accounting Audit Office.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Petr v. r.
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Regulation Information
| Citation | Act No. 311 / 1948 Coll., on National Transport Enterprises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1948 |
|---|---|
| Effective from | 30.12.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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