Government Decree No. 45 / 1946 Coll.
Regulation establishing the Statute and Rules of Procedure of the National Recovery Funds
Valid
Effective from 14.03.1946
45.
Government Regulation
of 1 March 1946
laying down the Statute and Rules of Procedure of the National Recovery Funds.
The Government of the Czechoslovak Republic hereby orders the President of the Republic of 25 October 1945, No. 108 Coll., to confiscate enemy property and National Recovery Funds in accordance with Section 3, paragraph 7:
(1) National recovery funds for settlement offices in Prague and Bratislava are separate legal entities.
(2) The scope of the National Recovery Fund in Prague applies to the area of the Czech and Moravian-Silesian countries and its registered office is Prague. The scope of the National Recovery Fund in Bratislava applies to Slovakia and its registered office is Bratislava.
(3) The National Recovery Funds (hereinafter referred to as the Funds) represent the relevant financial prosecution; The Board (§ 3) may entrust representation to fund officials or other persons on certain matters (§ 3, paragraph 1 of Decree No. 108 / 1945 Coll. - hereinafter referred to as Decree).
(1) The Fund is subject to the settlement office in which it is established.
(2) The head of each fund shall be the President who shall be appointed and relieved by the Government on a proposal from the Minister of the Interior after hearing the President of the competent settlement office. The functional benefits of the President shall be adjusted by the Government.
(3) The President manages the work of the Fund in cooperation and in accordance with the Council guidelines (Section 3) and represents the Fund externally.
(4) If the President of the Fund is busy, he shall be represented by the Vice-President, who, on a proposal from the President of the Fund and after hearing the President of the Office, shall appoint and absolve the Government, which shall also adjust its functional benefits.
Council.
(1) The President of the Seating Office and its Deputy with the President and Vice-President of the Fund shall form a board which shall guide the operation of the Seating Office and the Fund which is subject to it and shall determine their general work programme in kind and in time.
(2) The President of the Seating Office, and, if busy, his deputy, shall convene the Council at least once a month and shall conduct its deliberations in accordance with the Rules of Procedure at which the Council shall act.
(3) It is for the Council to decide on all essential matters falling within the competence of both the occupying office and the Fund.
(4) The Secretary-General of the Central Commission for Internal Resettlement or another member of the Central Commission designated by him may attend meetings. The convened member of the Board (paragraph 2) shall inform the Bureau of the Central Commission for Internal Resettlement in due time of the meeting and its agenda.
The scope of the fund.
(1) The Fund is responsible for the provision of tasks related to the interim management of confiscated property and its division, in particular:
1. Establish all property confiscated under Section 1 of the Decree, manage its inventory and take all necessary measures to do so in cooperation with the national committees;
2. to take, in agreement with the relevant national committees and ministries, the necessary measures to ensure, take, retain, maintain, maintain and manage such assets and ensure that they are implemented, in accordance with the relevant directives (§ 5 (1), (2), (2) and (3)). If there is a risk of damage, the Fund may, in agreement with the relevant ministries, take over the confiscated assets into its own administration, in accordance with the Council resolution;
3. Requesting the issue of confiscated property from unauthorised holders, requesting compensation without prejudice to the provisions of Article 19 of the Decree;
4. to supervise the management of national AIFMs established in the assets referred to under No 1, to seek their appeal and to propose their provisions to the competent authorities. In particular, the Fund may:
(a) require the submission of statements of previous management (accounts, inventories, records, etc.);
(b) revise the management of the national asset managers, including by their authorities;
(c) determine how the net proceeds of the national governments of confiscated property are to be deposited;
5. to write down and settle liabilities relating to confiscated property, in accordance with the directives issued by the Government by the Regulation;
6. making the surrender, division or disposal of confiscated property in accordance with the framework plans (Section 6, paragraph 1 of the Decree) and the final decisions on the allocation (Section 8, paragraph 6 of the Decree); if the surrender or disposal of small property is carried out, the Fund may entrust the surrender or disposal of public authorities or authorities and determine, after the hearing of the Permanent Advisory Council (Section 4, paragraph 1 of the Decree), the conditions and directives to that effect;
7. to propose to the competent courts that in public books and registers record confiscation and to register the transfer of real estate and library rights, not transferred to other persons, to the Czechoslovak State;
8. Intermediaries to the allocation of credit under the directives issued by the Central Commission for Internal Resettlement;
9. to ensure that the remuneration and other expenses of the property allocated to the property held by the tenderers are duly paid under the allocation decision; to allow allocations in cases of special consideration for deferral of payments or to provide for other payment arrangements;
10. use the taking-over prices to pay the liabilities belonging to the confiscated property, provided that the settlement has recognised and not taken over the allocation and the remainder has been carried out by the Treasury for binding purposes;
11. to ensure that allocations maintain the conditions laid down in the allocation decision on the assets allocated and, if necessary, to initiate the partial or total abolition of certain temporary allocation restrictions;
12. to grant permission to dispose, lease, smuggle, other contractual use or burden of allocation before the expiry of the period laid down by the individual allocation regulations (§ 13 of the Decree);
13. take over from the National Economic Fund (§ 9 (2) of Decree of the President of the Republic of 24 October 1945, No 100 Coll., on the nationalisation of mines and certain industrial enterprises) and manage for binding purposes securities, cash and so on, corresponding to the value of the nationalised property for which no compensation is granted to the persons referred to in the title of confiscation;
a) § 7 of Decree No. 100 / 1945 Coll.,
(b) Section 7 of the Decree of the President of the Republic of 24 October 1945, No. 101 Coll., on the nationalisation of certain food industry enterprises,
(c) Section 3 of the President of the Republic of 24 October 1945, No. 102 Coll., on the nationalisation of equity banks,
(d) Article 19 of Decree of the President of the Republic of 24 October 1945, No. 103 Coll., on the nationalisation of private insurance companies;
14. to be paid, after payment of the liabilities belonging to the confiscated assets, the remainder of the Fund to the Treasury for a binding purpose;
15. initiate the annulment of the invalid allocation decisions by the superior office and, if the Ministry's allocation decisions are taken, by the Central Commission for Internal Resettlement within 6 months of service of the final allocation decision (§ 6, paragraph 4 of the Decree).
(2) Paragraph 1 shall not apply to the property referred to in Paragraph 18 of the Decree.
Fund funds.
The Fund's funds shall consist of:
(a) advances from State resources;
(b) cash deposits and liquid receivables confiscated under a decree;
(c) gradually occurring remuneration for the assets allocated;
(d) remuneration for confiscated property disposed of outside the allocation procedure;
(e) the proceeds of securities, cash and other values taken from the National Economic Fund (Section 4, No 13);
(f) gifts, references and other dedication.
Right of reference.
The right to refer to the Fund shall be exercised by or on behalf of the Vice-President. The President of the Fund may, with the agreement of the Board and within the limits laid down by the Board, delegate the right of reference to certain officials of the Fund.
Budget, accounting and treasury service of the Fund.
(1) The funds of the Fund shall be managed separately from other State resources until they are transferred to the Treasury pursuant to Paragraph 14 (2) of the Decree. The accounting of the Fund shall be governed by the principles of double accounting.
(2) The financial year shall be the calendar year.
(3) The accounts shall be presented to the Ministry of Finance and Interior and to the Supreme Accounting Audit Office which shall include them in the State Final Account.
(4) Detailed rules on budgetary, accounting and balance sheet shall determine the specific instructions to be given by the Ministry of the Interior on a proposal from the Fund in agreement with the Ministry of Finance and the Supreme Accounting Audit Office.
Supervision of fund management.
The management of funds shall be subject to control by the Ministry of Finance and the Supreme Accounting Audit Office. The Fund's measure, which will be objected to in the Permanent Advisory Council by a representative of the Ministry of Finance (Slovakia through the Finance Officer), must not be implemented until the discrepancy that has arisen has been resolved by the negotiations between the ministries concerned and, failing that, by decision of the Government (Slovakia by delegation).
Staff.
(1) The Fund's work is provided by:
(a) State and other public servants, the assignment to the occupying office for the appointment of the President of the Seating Office, made in agreement with the President of the Fund, the central offices and other state or public authorities and the mandates for the performance of the service in the Fund;
(b) contract staff of the occupancy office, the allocation of the Fund in agreement with the President of the Fund.
(2) The Seating Office shall be a personal office only for the staff referred to in paragraph 1 (b); for other staff [paragraph 1 (a)] the personal office shall remain their last personal office from before the secondment.
(3) When the Fund's agenda is provided, staff members shall be subject to the Fund's chairman, who shall determine in particular the details of the work programme, the schedule of work and the manner in which they operate.
Staff seconded to the occupying office shall not be allowed to suffer any damage to the service of the occupying office and the Fund in their employment and pay arrangements; their personal office must therefore not treat them worse, particularly as regards promotion, than other employees. The President of the Seating Office or the President of the Fund shall be entitled to propose, in agreement with the Council (Article 3), a personal office to promote the seconded staff, even if such promotion is exceeded by the systematic status of their personal office. The central office of which the staff member has been assigned to the occupant's office shall, in agreement with the ministries of the Interior and Finance for the purposes of the assignment or proposed promotion of that staff member, where urgent service reasons are given, submit a proposal to supplement the systemisation of the necessary post.
(1) The staff member whose duties have been terminated shall, on a proposal from the President of the Fund, be relieved of the service by the President of the Seating Office.
(2) Exempted staff, referred to in Paragraph 9 (1) (a), are required to report to their personal office for the entry of the service.
(3) The contract staff member shall, upon termination of his service, be assigned, as far as possible, in the civil service, to the office of residence or the fund.
Experts.
(1) The Fund may, as appropriate, be recruited by both official and non-official experts as experts to deal with cases requiring specific expertise.
(2) The remuneration of non-official experts shall be determined by the Council (§ 3), mutatis mutandis, in accordance with the relevant provisions of the Decree of 13 January 1928, No 8 Coll., on proceedings concerning matters falling within the competence of the political authorities (administrative proceedings).
Fund management.
The provisions of Decree-Law No 8 / 1928 Coll.
Synergies between public authorities and authorities.
All state and public authorities and authorities shall be obliged to cooperate with the Funds on request and to support them effectively in the performance of their tasks.
Exemption from fees and charges for official acts.
Funds shall be exempt from fees and charges for official acts.
This Regulation shall enter into force on the day of its publication; All members of the government will do it.
Fierlinger v. r.
Gottwald v. r.
Dr Stránská v. r.
Broad v. r.
Ursines v. r.
Gen. Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr. Unedible v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Gen. Hasal v. r.
Hala v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.
Lt-Gen Ferjenčík v. r.
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Regulation Information
| Citation | Government Regulation No. 45 / 1946 Coll., establishing the Statute and Rules of Procedure of the National Recovery Funds |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.1946 |
|---|---|
| Effective from | 14.03.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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