Act No. 312 / 1948 Coll.
Law on the organisation of state forests and goods
Valid
Effective from 01.01.1949
312.
Law
of 22 December 1948
on the organisation of state forests and farms.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Establishment and legal nature.
Establishment.
(1) The Government will establish national forest and agricultural undertakings in the form of national undertakings (hereinafter referred to as "undertakings") from the existing company "State forests and goods" in order to manage national forest and agricultural assets with associated plants, to enhance the forestry and field economy in the State and to provide support and assistance to small and medium-sized farmers.
(2) Other state forest and agricultural assets, forest and agricultural assets acquired under confiscation rules and land reform laws and from the rest of the countries, as well as parts of the assets of national enterprises for which there is no nationwide demand that they continue to be used within the framework of existing integration, may be incorporated by the Minister for Agriculture in agreement with the Minister for Finance and the Minister responsible in the undertakings established under this Act.
(3) The Minister of Agriculture may, in agreement with the Minister of Finance, remove from the undertakings individual parts of the property and the rights if the undertaking does not necessarily need them for its operation and leave them in agreement with the Minister responsible for incorporation into the undertakings, institutes or establishments which are to be established by the Minister, or in the ties of the People's Administration.
(4) Undertakings shall enter into the law and obligations which belonged to the date of establishment of the undertakings or to the date of incorporation of the assets taken over or incorporated unless otherwise provided by the Minister of Agriculture in agreement with the Minister of Finance and the Minister in question.
(5) Establishing businesses, the government will determine their business, business and business. It may also, by regulation, change the registered office or the object of the business of undertakings, abolish or merge individual undertakings, in the event of the establishment of new undertakings and designate them a company, a registered office and an object of business.
(6) The Ministry of Agriculture shall declare in the Official Journal which assets (paragraph 2) shall be incorporated into undertakings.
(7) Property and funds intended for social, cultural and health care must not be withdrawn from their destination.
Legal nature.
(1) Undertakings are State property under other provisions. They are legal persons and are subject to provisions on full-time traders.
(2) Undertakings shall be entered as an individual's company in a commercial (corporate) register in a court of law exercising jurisdiction in matters relating to the business in which the undertaking has its registered office.
(3) Companies are obliged to use the term "national enterprise" in the company in its unabridged version.
(4) The Library Court shall register the transfer of ownership and other rights to property assets to an undertaking on its application with reference to this law. This provision shall apply mutatis mutandis to indicate the transfer of rights in other official registers and lists.
Business license.
Undertakings do not need the authorisations which would otherwise be necessary to carry on their business according to the provisions of the Trade Code (Trade Code) or other trade legislation. The undertaking shall notify the subject matter of such business to the Office (Section 145 of the Act and Section 242 of the Act), which shall indicate it in the special section of the Trade Register. Detailed provisions, as well as the extent to which the provisions of the Trade Code (Trade Code) as amended by its amendments, may apply to undertakings, may be laid down by the Government by regulation.
Business management.
Principles of administration and operation.
Undertakings shall lead them in accordance with the principles of business business, taking into account the nationaleconomic and administrative tasks assigned to them in such a way that forest and agricultural primary production are best and most cost-efficient, that associated plants ensure and complement the operation of forest and agricultural primary production and that enterprises are a model for small and medium-sized farmers and provide support and assistance to them.
Financial management.
(1) The wealth of undertakings consists of the assets of the ordinary and the reserve fund. Details will be laid down in the organisation statute (Section 15).
(2) The provisions of Sections II to VII of the Act of 11 March 1948, No 51 Coll., on the treatment of certain financial ratios of national industrial and food enterprises apply mutatis mutandis to the common equity of undertakings, on their financing, on payment, on the use of net profit, on the payment of losses and on financial control of enterprises. The details shall be adapted to the organisation status.
(3) Where undertakings carry out, in the interest of the public interest, investments, supplies and services or other transactions which are not directly related to their operation or involve disproportionate expenditure on the part of the government or the Minister of Agriculture, they shall be entitled to reimbursement of the costs incurred by them in the performance of the order. 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 grants the refund.
(4) Undertakings are obliged to draw up corporate budgets and manage them.
(5) The State does not guarantee undertakings' liabilities.
Tax and charge provisions.
Companies shall be subject to the tax rules applicable to companies that are publicly invoiced; companies are subject to a fee obligation under the Charges Act with its amendments and additions, and since its establishment also to a fee equivalent under § 1, § 2, point (a) of the Law of 8 April 1938, § 76 Coll., on the Charges Act, where they are not subject to § 8 and § 17, § 1 of the same Act.
Operating community.
The Ministry of Agriculture may, by decree, lay down an obligation for undertakings to cooperate in matters of common interest and to amend the details of such cooperation. Similarly, it can ensure the synergies of enterprises with land holding and land management authorities.
Business management.
Administration.
(1) The management of the undertaking shall be provided by the Management Board with the Director-General, who shall chair it. The Director-General shall have a Deputy Director who shall be Vice-Chairman of the Administrative Board.
(2) The Executive Authority of the Administrative Board and the Director-General is the Central Directorate in Slovakia, the Regional Directorate; Head of Regional Directorate, Regional Director, is also Deputy Director General.
(3) The Director-General, its Deputy Director and other members of the Administrative Board, after their alternates, shall manage the undertaking with due care and shall be personally responsible for the performance of their duties.
(4) The Administrative Board makes all the measures necessary for the operation and management of the undertaking. The details of its scope, composition and conduct will be laid down in the organisational statute (Section 15).
The board.
(1) The Management Board of an undertaking shall consist of the President, the Vice-President, the Permanent Representative of the Ministry of Agriculture, the Permanent Representative of the Ministry of Finance, the Permanent Representative of the Single Trade Organisation and of 6, 9, 12 or 15 other members. In addition to the President and the Vice-President, each member shall have an alternate. The Permanent Representative of the Ministries of Agriculture and Finance and the Single Trade Organisation shall be appointed by the Minister responsible, after the case of the competent authority of the Single Trade Organisation. The other members of the Administrative Board and their alternates shall be appointed by the Minister for Agriculture:
(a) one third of the members and their alternates of permanent employees of an undertaking having expertise and experience, after hearing the competent authority of the Single Trade Union Organisation and the Business Council, taking into account the appropriate representation of workers from Slovakia;
(b) the remaining two thirds of the members and their alternates from persons who are not employees of the undertaking, after hearing the competent authority of the single trade union organisation and taking into account the appropriate representation of Slovakia.
(2) Only a Czechoslovak citizen may be a member of the Administrative Board or its alternate; must have political and economic views and experience and must be stateably reliable and civil integrity.
(3) A member of the administrative body or his alternate may neither engage in any business which is contrary to the interests of a public undertaking nor perform any other function or activity which is contrary to those interests.
(4) The members of the administrative departments and their alternates shall take a vow in the hands of the Minister for Agriculture to faithfully fulfil their duties in accordance with the interests of the State.
(5) The members of the Administrative Board, in the case of their alternates, are entitled to reimbursement of the final expenses associated with the performance of their duties under the directives issued by the Ministry of Agriculture in agreement with the Ministry of Finance. The Ministry of Agriculture may, in agreement with the Ministry of Finance, grant them remuneration for special work or for achieving particularly favourable economic results for the company.
The Director General and his Deputy Director.
(1) The Director-General of the enterprise and his Deputy Director (Regional Director) are to be established and dismissed by the Government, on a proposal from the Minister for Agriculture, after hearing the competent authority of the Single Trade Union Organisation. The statement by which the Director-General or his Deputy Director renounces his post shall be taken into account by the Minister for Agriculture, making the termination of office effective.
(2) Only a Czechoslovak citizen who has political and economic views and experience can be the Director-General and Deputy Director-General, and is of national reliability and civil integrity.
(3) The Director-General and his Deputy Director must not engage in or engage in any activity, function or activity contrary to the interests of the undertaking.
(4) The Director-General and his Deputy Director shall take a vow in the hands of the Minister for Agriculture to faithfully fulfil their duties in accordance with the interests of the State.
(5) The Director-General (Deputy Director) shall take up his duties and, if he has not already been, become an employee of the undertaking. his employment shall cease on the day on which he was withdrawn or the day on which it was noted that he was renounced. If the employment has not been terminated in circumstances for which otherwise the employment may be cancelled prematurely, the Director-General (Deputy Director) shall be entitled to benefits for at least the period for which he would have been entitled if the employment had been disbanded by notice.
(6) The appointment and removal of the Director-General (Deputy Director) are not subject to the rules on co-decision of the staff race council on the assignment of staff to posts and the prior approval of the Regional Labour Protection Office in the negotiation and disengagement of employment.
(7) The company will report its Director-General (Deputy Director) to the Commercial (Company) Register. The Director-General (Deputy Director) shall sign in court or send his signature in certified form. The signature of the undertaking shall be by adding its signature to the printed or any written version of the undertaking's company.
The authority of the Director General (Deputy Director).
(1) The Director-General (Deputy Director) shall represent and represent the undertaking and shall take all measures and decisions in its administration which are not reserved for the administration. If the Administrative Board is not able to act or is unable to act, or if there is a danger of delay, it shall be for the Director-General (Deputy Director) to take the necessary measures; However, he shall report them to the Administrative Board at the next meeting.
(2) The Director-General (Deputy Director) shall implement the administrative order. However, if the Administrative Board's resolution is considered to be prejudicial to the interests of the undertaking or contrary to the law, it shall draw the Administrative Board's attention to it, and if the Administrative Board persists in the resolution on the revote by names in the same meeting, the Director-General (Deputy Director) shall suspend its execution and report immediately to the Minister for Agriculture.
Representation before the courts.
In cases where a lawyer is required to be represented under the applicable rules, the company is represented by the Financial Prosecutor under the Law of 8 June 1933, No. 97 Coll., on Financial Prosecutors. The undertaking may be represented by a financial prosecutor in other legal or administrative cases.
Staff.
Work, salary and pension ratios of employees.
(1) Employees of existing enterprises and property from which undertakings are set up under this Act, as well as civil servants designated for services in enterprises established under this Act, are transferred to the services of the enterprise and become employees of the company in private employment.
(2) The employment and wage ratios of employees of undertakings shall be adjusted by undertakings by working and wage regulations approved by the Ministry of Social Welfare. If these employees have been in a pragmatic or regulated service relationship so far, the government shall, by regulation, adjust their pension security.
(3) Before the provisions referred to in paragraph 2 are issued, staff members who have been in a pragmatic or regulated service relationship shall remain exempt from national pension insurance and shall be subject to pension arrangements, as well as to their employment (service) and wage (salary) ratios, the existing provisions, with the exception of those relating to individual staff measures; such jurisdiction shall be transferred exclusively to the administrative authorities of undertakings.
(4) The pension arrangements of employees of the former undertaking "State forests and goods" in a pragmatic or regulated service relationship whose active employment ends before the establishment of the undertakings and their survivors remain intact. The Government shall lay down rules on the procedure for the provision of such measures by means of a regulation; the provisions of paragraph 3 shall apply mutatis mutandis until its issue.
(5) The Finance and Agriculture Ministers and the Chairman of the Supreme Audit Office will determine the proportion and manner in which the State and businesses will pay the cost of the benefits of the pension provision, including the salaries authorised under the discretion of the employees of the undertakings and their survivors, as well as the former employees of the "State Forests and Assets" and their survivors.
Surveillance and control.
Supervision of businesses.
(1) The Minister for Agriculture shall supervise the undertakings.
(2) Where irregularities arise in an undertaking seriously threatening its proper operation, or where the interest of the field or forestry economy so requires, or where the competent administrative authorities are not acting, the Minister for Agriculture shall take appropriate measures.
(3) Undertakings are subject to control by the Supreme Accounting Audit Office.
Final provisions.
Organisational statutes.
The Government shall, by means of a regulation, issue the organisational statute of undertakings in which it shall specify their organisation and the scope of their bodies, in particular:
(a) make arrangements for the use of national characters, symbols, uniforms and service badges in the operation of undertakings;
(b) provide for the disposal and loading of real estate;
(c) issue more detailed provisions on the management, credit collection, fund establishment and subsidy, profit distribution and method of payment of losses.
Charges exemption.
The documents and official acts required for the implementation of Sections 1 and 2 shall be exempt from the fees.
Derogation clause.
The initial date of application of this Act shall be the date of repeal of any provisions contrary to that Act, in particular:
(a) Paragraph 1 of the Government Decree of 25 September 1924, No 206 Coll., implementing the Act on the Management of State Enterprises, Institutions and Equipment which are not primarily intended to carry out administrative tasks when the undertaking "State Forests and Goods" is declared to be a commercial management undertaking,
(b) the Government Decree of 8 January 1946, No 10 Coll., where the undertaking "State experimental goods of research institutes of agriculture" is declared to be a commercial management undertaking,
(c) Government Decree of 5 March 1948, No. 25 Coll., merging "State forests and goods," "State goods" and "State forests."
Efficiency and implementation of the law.
This Law shall take effect on 1 January 1949; 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. 312 / 1948 Coll., on the Organisation of State Forests and Property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1948 |
|---|---|
| Effective from | 01.01.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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