Full text of Act No 396 / 2000 Coll.
The full text of Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as follows from the amendments made by Act No. 546 / 1992 Coll., Act No. 161 / 1997 Coll., Act No. 269 / 1998 Coll., Act No. 95 / 1999 Coll., Act No. 144 / 1999 Coll., the Constitutional Court found published under No. 3 / 2000 Coll. and Act No. 66 / 2000 Coll.
Valid
Declared full text
Text versions:
20.11.2000
396
PRESIDENT OF THE GOVERNMENT
Announces
The full text of Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as follows from the amendments made by Act No. 546 / 1992 Coll., Act No. 161 / 1997 Coll., Act No. 269 / 1998 Coll., Act No. 95 / 1999 Coll., Act No. 144 / 1999 Coll., the Constitutional Court found published under No. 3 / 2000 Coll. and Act No. 66 / 2000 Coll.
THE LAW
on the Land Fund of the Czech Republic
The Czech National Council decided on this law:
(1) The Land Fund of the Czech Republic (the Land Fund) is hereby established. The Land Fund shall be a legal person and shall be entered in the Commercial Register. The headquarters of the Land Fund is Prague.
(2) Details of the organisation and operation of the Land Fund are laid down in the Land Fund Statute, approved by the Chamber of Deputies.
Scope of the Land Fund
(1) The scope of the Land Fund is given by the special legislature.1)
(2) Under the approved privatisation project Land Fund
(a) establish or participate in the establishment of equity and other trading companies and deposit in them the deposits to which it has undertaken;
(b) acquire shares by virtue of its participation in the business of public limited liability companies and exercise shareholders' rights, including in general meetings;
(c) exercise the rights of the shareholder in its participation in companies other than public limited liability companies;
(d) participate in the economic outcome of the trading company's business and bear its consequences in the form of profit and loss;
(e) sell shares or shares in non-equity companies;
(f) participate in the company's liquidation balance to the extent of its participation in its business if it is cancelled;
(g) conclude contracts for the sale of undertakings, their organisational components and parts of their assets which it manages; in so doing it may also benefit from a tender;
(h) transfers the State's assets to municipalities;
(i) use the assets of the State to fulfil the obligations of the privatisation companies to the extent and under the conditions laid down by the Ministry of Finance of the Czech Republic.
(3) The amendment of the privatisation decision on a proposal from the Land Fund shall be adopted in accordance with a special legislature.2)
(4) According to paragraph 2, the Land Fund shall not proceed under a special rule when transferring agricultural parcels. (2a)
(5) The Land Fund may transfer the property in its management under a special regulation, (1) free of charge to a State authority or to a State organisation; on the date of the transfer, the transferee shall acquire the right to the property under a special rule. 2b) The Land Fund shall transfer the property to those persons if they are necessary for the performance of their tasks.
(6) Property management by Land Fund under Act No. 229 / 1991 Coll., on the modification of property relations with land and other agricultural assets, as amended (the Land Act), is registered in the Land Register in a manner similar to that of the Land Fund declaration, which must contain property data according to the Land Register. This notification certifies the transition of the administration to the Land Fund.
(7) Land property transferred by the Land Fund to beneficiaries under Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural assets, as amended, and which are intended to be built by approved land planning documents (e.g. municipal land plan, regulatory plan, zoning plan or zoning project of the local authority, zoning plan or zoning project of the zone) or by decision on the location of the land, will be valued for this purpose as land building under Decree No. 182 / 1988 Coll., on construction prices, land, permanent crops, remuneration for the establishment of the right to use of land and compensation for the temporary use of land, as amended by Decree No. 316 / 1990 Coll. The provisions of Section 6 of Decree No. 85 / 1976 Coll., on a more detailed modification of the zoning and construction rules, as amended, shall not apply.
(1) The Land Fund may sell buildings, buildings and land built by it, which it has in its management and which are not of interest to the beneficiary under the Land Act. The provisions of Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons, as amended, shall not apply to such cases.
(2) The property referred to in paragraph 1 is sold by the Land Fund in a commercial tender to the person offering the highest price; the price determined in accordance with the specific legislation4) is the provocation price. If a party to the contract of sale is a person who has a claim against the Land Fund under Sections 14 to 16 and 20 of the Land Act, that claim may be counted against the purchase price.
Land fund bodies
The Land Fund's bodies are the Presidium, the Executive Committee and the Supervisory Board.
The highest body of the Land Fund is a presidium consisting of nine members. The President of the Presidium is the Minister of Agriculture of the Czech Republic. The Vice-President and other members shall be elected by the Chamber of Deputies on a proposal from the Government for a term of five years from among experts. The Vice-President and other members of the Presidium may be dismissed by the Chamber of Deputies before their term of office expires.
(1) The Presidium shall be able to act if two thirds of its members, including the President or Vice-President, attend its meetings.
(2) The decision of the presidium requires the consent of the majority present. In the event of a tie, the chairman shall vote.
(3) On behalf of the Presidium, the documents shall be signed by the President, in his absence, the Vice-President and the authorised member of the Presidium.
(1) The scope of the presidium is:
(a) appoint and manage the Executive Committee and supervise its activities;
(b) to establish the Land Fund Statute;
(c) approve the remuneration of members of the Executive Committee;
(d) discuss the draft budget of the Land Fund;
(e) approve the Rules of Procedure of the Presidium;
(f) discuss the annual accounts of the Land Fund;
(g) to discuss, by 30 April at the latest, the annual activity report of the Land Fund for the previous year.
(2) The Presidium shall submit to the Government a draft Statute, a budget, annual accounts and annual reports, with the opinion of the Supervisory Board. The Government submits them with its opinion for approval to the Chamber of Deputies.
(1) The operation of the Land Fund is managed by the Executive Committee of the Land Fund (hereinafter referred to as "the Committee"), which is a statutory body, under the presidium guidelines.
(2) The Committee shall act on behalf of the Land Fund to the extent defined by the Statute. The Statute shall lay down the manner in which written legal acts of the Committee shall be signed. The Statute shall also determine when and to what extent the members of the Committee shall act on behalf of the Land Fund and grant authorisation to act on behalf of the Land Fund.
(3) The members of the Committee shall be entered in the Commercial Register.
(1) The Committee shall consist of the President, the Vice-President and seven other members appointed by the Presidium for a term of five years. Before the expiry of that period, the Presidium may revoke a member of the Committee if he is in breach of his duties or is unable to perform his duties properly.
(2) The members of the Committee are staff of the Land Fund.
(1) Supervisory Board ("Board") The Land Fund shall oversee the operation and management of the Land Fund, its presidium and the Committee. Depending on the nature of the case, the Presidium, the Ministry of Agriculture of the Czech Republic, the Ministry of Finance, the Government of the Czech Republic, the Chamber of Deputies, or other competent authorities, draw attention to the deficiencies found.
(2) The Council is discussing the draft budget, the annual accounts and the annual report before submitting them to the Government. These proposals shall be submitted to the Presidium.
(1) The Council consists of five members elected by the Chamber of Deputies for a term of five years. The Chamber of Deputies may revoke a member of the Board before the expiry of his term of office.
(2) Members of the Board may not be employees of the Land Fund.
(1) The Council shall elect a President and a Vice-President from among its number.
(2) Paragraph 5 applies mutatis mutandis.
(1) A member of the Presidium, the Committee and the Board may, before the expiry of the term of office of these institutions, renounce his duties by written submission to the authority which appointed him.
(2) The functions of the Presidium, the Committee and the Board are incompatible.
A member of the Presidium, Committee or Council may not engage in activities contrary to the interests of the Land Fund, in particular not being a member of the statutory body, a member of the statutory body or of another elected or appointed body of the companies and cooperatives whose business is linked to the activity of the Land Fund or the property in its administration, unless it has been delegated to one of those bodies by the Land Fund.
repealed
Revenue from the Land Fund
(1) The income of the Land Fund consists of the proceeds from the sale of real estate and shares, the proceeds from the participation of the Land Fund in the activities of share and other commercial companies and the proceeds from the rental of real estate it manages.
(2) The income of the Land Fund does not form part of the state budget of the Czech Republic.
(3) The Land Fund shall cover the costs of its activities on its revenue and in accordance with the budget approved by the Chamber of Deputies. If the budget is not approved before the beginning of the budget period, the Land Fund shall use its revenue according to the draft budget discussed by the Government.
(4) The income tax of the Land Fund shall be subject only to income from securities.
(5) The Government may decide to use the income of the Land Fund
(a) to mitigate the effects of floods in 1997 and 1998;
b) to support agriculture to compensate partially for adverse economic effects up to CZK 400 million.
(6) The Government lays down rules on the application of the income of the Land Fund under paragraph 5 (b) of the Regulation.
The termination of the operation of the Land Fund and the use of the balance on its accounts shall be decided by Parliament by law.
This Act shall take effect on 1 January 1992.
* * *
Act No. 546 / 1992 Coll., amending and supplementing Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, entered into force on the date of its publication (8 December 1992).
Act No. 161 / 1997 Coll., supplementing Act No. 500 / 1990 Coll., on the Jurisdiction of the Bodies of the Czech Republic concerning the Transfer of State Property to Other Legal or Natural Persons, as amended, and Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended by Act No. 546 / 1992 Coll., became effective on the date of its publication (15 July 1997).
Act No. 269 / 1998 Coll., amending Act No. 500 / 1990 Coll., on the Jurisdiction of the Bodies of the Czech Republic in Matters of State Property Transfer to Other Legal or Natural Persons, as amended, Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended, and Act No. 162 / 1997 Coll., on the Issue of Government Bonds for the Financing of Measures to Eliminate Flood in 1997, became effective on the date of its publication (19 November 1998).
Act No. 95 / 1999 Coll., on the conditions for the transfer of agricultural and forestry land from state ownership to other persons and amending Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended, and Act No. 357 / 1992 Coll., on inheritance tax, donation tax and property transfer tax, as amended, became effective on the date of its publication (25 May 1999).
Act No. 144 / 1999 Coll., amending Act No. 42 / 1992 Coll., on the Adjustment of Property Relations and Settlement of Property Rights in Cooperatives, as amended, Act No. 586 / 1992 Coll., on Income Taxes, as amended, and Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended, became effective on the date of its publication (15 July 1999).
The Constitutional Court's finding published under No 3 / 2000 Coll., took effect on the date of its publication (7 January 2000).
Act No. 66 / 2000 Coll., amending Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended, became effective on the date of its publication (29 March 2000).
Prime Minister:
Ing. Zeman v. r.
1) Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property.
2) Section 10 of Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons, as amended by Act No. 544 / 1992 Coll., Act No. 210 / 1993 Coll. and Act No. 224 / 1994 Coll.
2a) For example, Act No. 95 / 1999 Coll., on the Conditions for Transfer of Agricultural and Forestry Land from State Property to Other Persons and amending Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended, and Act No. 357 / 1992 Coll., on Inheritable Tax, Donation Tax and Real Estate Transfer Tax, as amended.
2b) For example Decree No. 119 / 1988 Coll., on the Management of National Property, as amended, § 761 (1) of the Commercial Code.
4) Act No 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets).
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Regulation Information
| Citation | The full text of Act No. 396 / 2000 Coll., Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as follows from the amendments made by Act No. 546 / 1992 Coll., Act No. 161 / 1997 Coll., Act No. 269 / 1998 Coll., Act No. 95 / 1999 Coll., Act No. 144 / 1999 Coll., by the Constitutional Court found under Act No. 3 / 2000 Coll. and Act No. 66 / 2000 Coll. |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.11.2000 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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