Act of the Czech National Council No. 500 / 1990 Coll.
Act of the Czech National Council on the jurisdiction of the authorities of the Czech Republic in matters of State ownership transfers to other legal or natural persons
Valid
Effective from 15.12.1990
500
THE LAW
Czech National Council
of 15 November 1990
on the competence of the authorities of the Czech Republic in matters of State ownership transfers to other legal or natural persons
The Czech National Council decided on this law:
In the case of transfers of State ownership to other legal or natural persons, the Ministry of National Property Management and the privatisation of the Czech Republic (hereinafter referred to as "the Ministry ') and the Regional Commission for privatization and the Prague Commission for the privatisation of national assets (hereinafter referred to as" the Commission') are responsible for certain matters.
(1) The Ministry shall direct the activities of the commissions, decide on their abolition and monitor compliance with the rules on transfers of State ownership to other legal or natural persons (hereinafter referred to as "persons").
(2) The Commission establishes a Ministry in all regions of the Czech Republic and for the territory of the capital of Prague.
(3) The members of the Commission are appointed and withdrawn by the Ministry.
(4) A member of the commission may not, through his representative, participate in a public auction in the territorial area of the commission of which he is a member. That also applies to persons close to him.
(1) The President of the Commission, which organises and directs its work, shall appoint and dismiss the Ministry.
(2) The Commission shall decide on all matters within its competence by voting. The Commission may take decisions only if an absolute majority of the members are present. A valid decision shall require two thirds of the members of the committee present.
(1) In municipalities, cities, urban areas and urban districts (1), the commissions set up their sections.
(2) The sections shall include municipalities, cities, urban areas and urban districts in whose territories operational units are located (2) and organisations whose operational unit is located in their territorial district.
(3) The sections prepare the documents for decision-making by the Commission and provide, according to its instructions, individual operations related to the sale of operational units.
(4) The founders or organisers of the organisations referred to in paragraph 2 shall transmit the supporting documents provided for in Article 4 (3) (a), (b), (e) and (f) of the Act on the transfer of State ownership to other legal or natural persons, (3) with the exception of the conditions for granting a new loan.
(1) The Commission shall organise and ensure transfers of ownership of operational units.
(2) The Commission will discuss proposals for the inclusion of operating units in the list with the relevant municipality, city, urban area and urban district and with the founder or founder of an organisation whose operating unit is proposed to be included in the list, unless it is a central administration body.
(3) The Commission shall draw up draft lists and submit them to the Ministry for confirmation; submit a list of non-classified operating units, with justification for its action. The Commission shall also decide on the inclusion of operational units in the repeated public auction and, pursuant to this Decision, establish a list of operational units for the repeated public auction. These lists shall be published in the manner set out in Section 8 of this Act.
(4) The Commission will determine the amount of the entry fee for the inspection of the operating unit.
(5) The Commission shall organise and ensure, at the request of other State bodies and with the agreement of the Ministry, transfers of other property owned by the State, in accordance with the special rule 2a.
(1) If the lists include operational units of organisations whose central administration is the founder or the founder, the Ministry will discuss the lists with those founders or founders.
(2) After the examination referred to in paragraph 1, the Ministry shall examine the lists and, where appropriate, confirm them and determine the extent of the assets of the State offered for sale to persons. Validation of lists shall not be subject to general administrative rules.
(1) The details of the list are laid down in a separate Regulation (3).
(2) The Commission shall publish the lists by hanging on the official plate of the respective municipality, city, urban area and urban district. The inclusion of an operating unit in the list shall also be published in a publicly available place in that operating unit.
(1) The Commission shall organise public auctions and supervise their proper conduct through its members, which shall entrust participation in their conduct.
(2) The Commission designates the licitators who carry out public auctions.
(3) The Commission's representative shall make a record of the outcome of the public auction in two copies indicating the auctioned operating units, their auctioneers, the purchase price of the auctioned operating units and the amount of the auction securities lodged by each auctioneer, including the designation of the branches of the money institution for which they were lodged. The Protocol shall also be signed by the licitator, representatives of organisations whose operational units have been auctioned, representatives of the municipality, the city, the city and the city district and the auctioneer. A copy of this Protocol shall be issued by the Commission in particular to the auctioneer, the representative of the organisation whose operating unit has been auctioned and the relevant branch of the money institution.
(1) Auction participants shall be required to lodge an auction security with any branch of the money institution at the latest on the day of the public auction. The branch of the monetary institution shall issue to the auction participant a confirmation of the composition of the auction security by which the auction participant proves before the auction starts.
(2) The branch of the Money Institute shall issue back the auction security to those auction participants who have not been successful in the auction after deduction of the auction authorisation fee.
(3) The branch of the money institution will indicate the auction security lodged by the auctioneer in the special account of the Ministry, even if the auctioneer has not paid the purchase price within the prescribed period.
(4) The fees for the authorisation to participate in the auction shall be indicated by the branch of the Money Institute with which the auction guarantee has been lodged, the Regional Office or the Municipality of the City of Prague, in whose administrative district the auctioned operating unit is located.
(1) The Commission will issue to the auctioneer, on the basis of the proof submitted by it that the purchase price has been paid, a confirmation that the operating unit has been sold to it by public auction and that it has become its owner on the date of the award of the case. Where a real estate is part of an auctioned operating unit, the commission shall send a copy of that certificate to the competent authority of geodesy and cartography for registration in the property register.
(2) The certificate shall include the exact designation of the auctioneer, the date and place of the auction, the exact designation of the auction subject and the purchase price.
(1) A member of the Commission may not be reduced to the rights and entitlements arising from his / her employment relationship or equivalent for the performance of his / her duties, in particular he / she is entitled to leave with a refund equal to the average earnings.
(2) A member of the Commission and a licitator shall be entitled to remuneration. The amount of remuneration and remuneration is determined by the Ministry of Labour and Social Affairs of the Czech Republic in agreement with the Ministry by a generally binding legislation.
(1) The net proceeds from the sale of operating units and the final proceeds from the liquidation of public undertakings are concentrated in the Ministry's special account.
(2) The funds from this account shall be used:
(a) to satisfy claims evidently related to operational unit2) transferred to the ownership of other legal or natural persons;
(b) as a cash advance to satisfy claims, at the time of the liquidation of those State-owned enterprises whose assets have been reduced by more than 80% by the transfer of operational unit2) to the ownership of other legal or natural persons; the advance may be granted up to the expected negative balance on the liquidation;
(c) as a cash advance to satisfy claims, at the time of the liquidation of those State-owned enterprises whose assets have been reduced by the transfer of operational unit2) to the ownership of other legal or natural persons by a maximum of 80%; the advance may be granted up to the value by which the assets have been reduced by the transfer of ownership to operating units,
(d) to satisfy claims that could not be satisfied by the proceeds of the liquidation of those State-owned enterprises whose assets have been reduced by more than 80% by the transfer of operational unit2) to the ownership of other legal or natural persons;
(e) financial security for the activities of the commissions;
(f) to provide financial compensation to beneficiaries under the Law on the mitigation of the consequences of certain property injustices;
(g) a one-off strengthening of the municipal budget of CZK 1,2 billion where the sources of their budgets have been weakened as a result of the application of Act No. 427 / 1990 Coll., on transfers of State ownership to other legal or natural persons, as amended, and Act No. 403 / 1990 Coll., on the mitigation of the consequences of certain property injustices, as amended,
(h) to pay financial compensation under special rules, 5)
(i) to cover the costs of proceedings arising under the final judgment of the Court of First Instance in proceedings against the Ministry on claims under Act No. 427 / 1990 Coll., on transfers of State ownership to other legal or natural persons, as amended;
j) to transfer CZK 6,1 billion to the State Environmental Fund, which will be used to finance actions to improve the environment;
k) to transfer CZK 3.0 billion to the chapter General Treasury Administration of the Czech Republic for 1995, which will be used in 1995 and 1996 to finance investment projects of the Programme for the Improvement of Technical Status and Equipment of Schools and School Equipment issued by the Ministry of Education, Youth and Sports,
l) to transfer CZK 5,0 billion to a special account of state financial assets to finance measures to eliminate the effects of floods in 1997 and 1998,
m) to transfer CZK 5,48 billion to a special account of state financial assets to cover the necessary expenses incurred by the loss of material burdens on the property issued to the beneficiaries and to cover the necessary expenses related to compensation for the property of the State used for research and development purposes to the beneficiaries, broken down by: Ministry of Labour and Social Affairs CZK 2,75 billion, Ministry of Education, Youth and Sports, Ministry of Culture CZK 2,293 billion, Ministry of Culture CZK 0,324 billion, Ministry of Health CZK 0,113 billion,
n) to transfer CZK 4 billion to a special account of state financial assets to increase the funds still committed to cover the necessary expenditure related to the renewal of buildings, infrastructure, telecommunications networks, watercourses and water facilities damaged or destroyed as a result of a flood disaster in 1997 and 1998 and to cover other damage related thereto;
o) to transfer the amount of CZK 4 billion to a special account of state financial assets to increase the funds still committed to cover the necessary expenses incurred by the loss of material burdens on assets issued to beneficiaries, which is still used in the rental relationship for the purposes of social care facilities,
p) to transfer the amount of CZK 2,090 billion to a special account of state financial assets to increase the funds still committed to cover the necessary expenses incurred by the loss of material burdens on property issued to beneficiaries, which is still used in the rental relationship for the purposes of organisations under the responsibility of the Ministry of Education, Youth and Sports;
r) transfer of CZK 1,489 billion to a special account of state financial assets to increase the funds still committed to cover the necessary expenses incurred by the loss of material burdens on assets issued to beneficiaries, used in the rental relationship for the purposes of organisations under the jurisdiction of the Ministry of Culture,
s) to transfer an amount of CZK 0,7 billion to a special account of state financial assets to increase the funds still committed to cover the necessary expenses incurred by the loss of material burdens on assets issued to beneficiaries, which is still used in the rental relationship for the purposes of medical facilities,
t) to transfer the amount of CZK 55 million to a special account of state financial assets to increase the funds still committed to cover the necessary expenses incurred by the loss of material burdens on assets issued to the beneficiary, which is still used in the rental relationship of the Kutna Hora District Office for the purposes of the State District Archive,
u) to transfer funds amounting to CZK 2.5 billion to a special account of state financial assets to increase the funds still earmarked to cover the necessary expenditure on the restoration of watercourses and water-related water-related works owned by the State damaged by flood disasters in 1997, 1998 and 2000, and on the partial financing of the flood prevention programme on water-courses and water-management facilities;
v) to transfer funds amounting to CZK 2 billion to a special account of state financial assets for the partial financing of state budget programmes "construction and technical renewal of water pipelines and water treatment plants (329 030)" and "construction and technical renewal of sewage treatment plants and sewerage plants (329 040),"
w) to transfer CZK 1 billion to a special account of state financial assets as a budgeted income of the chapter of the operation of state financial assets intended to cover the necessary expenditure incurred by the implementation of transport structures and subsequent investments in urban infrastructure related to multi-purpose halls intended for the organisation of the World Ice Hockey Championships,
x) to transfer funds of CZK 1.4 billion to a special account of state financial assets to compensate for the effects of adverse weather conditions in agriculture,
(y) in accordance with the Government's decision to transfer to the State budget, where the budgeted income of pension insurance premiums, including those from periodic penalty payments and fines relating to pension insurance, is less than the budgeted expenditure on pension insurance benefits, including expenditure relating to the collection of pension insurance premiums and the payment of pension insurance benefits; the budgeted amount shall be transferred up to the expected actual difference in accordance with the part of the sentence before the semicolon.
(3) The procedure laid down in paragraph 2 (a) to (j) shall be adapted by the Ministry by a generally binding law.
(4) The Government of the Czech Republic shall inform the Chamber of Deputies of Parliament of the Czech Republic at least once a year, for the first time in 1998, of the use of the funds, including the actual cost of specific actions referred to in paragraph 2 (l) to (n).
(5) The Ministry of Education, Youth and Sports is hereby authorised to issue, after consulting the Ministry of Finance, a general binding legislation laying down rules for the submission of applications, distribution and release of funds for investment grants under the Programme for the Improvement of the Technical Status and Equipment of Schools and School Equipment under Section 15 (2) (k) of this Act.
(6) For purposes other than those referred to in paragraph 2, funds from the Ministry's special account may be used only after seven years of the effectiveness of this Act, to the extent and under the conditions laid down by the Czech National Council.
(7) The appropriations obtained under paragraph 2 (w) may exceed the total expenditure of the State budget for the financial year in which the appropriations thus obtained are used. In the year of the transfer of funds to state financial assets, the balance and financing items of the State budget shall be changed by the difference between the funds received and issued for that purpose; in the years following, the balance and the financing appropriations of the State budget shall be amended by the appropriations issued. The appropriations used shall be subject to billing by 31 December 2005 at the latest. Unspent funds are required to be used by the Ministry of Finance immediately after billing to reduce the principal of government debt. The appropriations referred to in point (w) of paragraph 2 may be made available only with the consent of the Chamber of Deputies or the authority delegated to it.
(8) Interest on this account shall be used in particular in the form of an interest payment on loans granted to natural or legal persons for the purposes of privatising medical establishments.
(9) The appropriations obtained under paragraph 2 (x) may exceed the total expenditure of the State Budget approved by the State Budget Act in the financial year in which the appropriations are used. This overrun shall be amended in the relevant financial year by the balance of the State budget and by the appropriations.
(10) The Ministry of Agriculture is hereby authorised to issue rules on the submission of applications, distribution and release of funds pursuant to Article 15 (2) (x).
(1) Administrative activities related to the transfer of assets under the Special Act (6) are carried out by the Regional Office, in the capital of Prague by the competent authority of the City, except for the imposition of a special fee under § 11 (2) of the Special Act (6) The file material, concentrated by the county authorities, will be forwarded to the relevant regional authorities on the date of the closure of the activities of the county authorities.
(2) The regional authorities, in the capital city of Prague, the urban authorities are obliged to provide the Ministry with the required synergies concerning civil judicial and administrative procedures in which the Ministry is a participant.
The areas defined by the Regional Office, the City Council of the City of Prague or the Office of the City of Prague under this Act are the exercise of the delegation.
This Act shall take effect on the day of its publication.
Burešová v. r.
Pithart v. r.
1) § 1 to 3 of the ČNR Act No. 367 / 1990 Coll., on municipalities (municipal establishment).
2) Article 2 of Act No. 427 / 1990 Coll., on transfers of State ownership to other legal or natural persons.
2a) Act No. 472 / 1990 Coll., on transfers of State ownership to other legal or natural persons as amended.
3) Article 4 of Act No. 427 / 1990 Coll.
5) § 3 of Act No. 42 / 1992 Coll., on the modification of property relations and settlement of property rights in cooperatives.
6) Act No. 427 / 1990 Coll., on transfers of State ownership to other legal or natural persons, as amended.
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Regulation Information
| Citation | Act of the Czech National Council No. 500 / 1990 Coll., on the jurisdiction of the authorities of the Czech Republic in matters of transfers of ownership of state to other legal or natural persons |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.12.1990 |
|---|---|
| Effective from | 15.12.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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