Act No. 58 / 1951 Coll.
Act amending and supplementing the Act on nationalisation in construction
Valid
Effective from 28.07.1951
58.
Law
of 11 July 1951
amending and supplementing the Act on nationalisation in construction
The National Assembly of the Czechoslovak Republic decided on the following Act:
Act No. 121 / 1948 Coll., on nationalisation in construction, is amended as follows:
1. Paragraph 1 (2) reads as follows:
"(2) Where the conditions for nationalisation referred to in paragraph 1 are met with an undertaking after 1 January 1948, it shall be nationalised on a date to be determined by the Minister for Construction. ';
Article 2 (1) (6) reads as follows:
"(6) The provisions of the preceding paragraphs shall not apply to undertakings:
(a) the associations of profitable and economic associations established under Law No 70 / 1873 / EEC, the associations of profitable and economic cooperatives in Slovakia set up under Paragraph 223 et seq., Article XXXVII / 1875, the commercial law, where such undertakings are directly operated by communities or cooperatives, with the exception of undertakings designated by the Minister of Technology in agreement with the Central Council of Trade Unions and the Central Council of Cooperatives by 31 December 1948 at the latest;
(b) which the Minister of Construction will exclude from nationalisation in an agreement with the Minister of Finance, ordering their owners (s) to stop them permanently because the Government has decided that their continued operation is not in the general interest. "
3. Article 1 (7) reads as follows:
"(7) If the conditions for nationalisation are fulfilled under this law, the Minister for Construction shall decide on this. '
4.
If, in the field of competence of the Minister of Construction, the Minister of Construction does not use the property nationalised under this Act to establish a national enterprise or to integrate it into a national enterprise, or if it is not entrusted to the administration of the authorities in its field of competence, the Minister of Construction may, in agreement with the Minister of Finance and with another Minister, transfer such property into the authority of the Minister of Finance to take such action in his own field of activity, or entrust it to the administration of communal enterprises or to other legal persons for compensation, designated under § 8 of Decree of the President of the Republic No. 100 / 1945 Coll., on the nationalisation of mines and certain industrial enterprises, as amended by the regulations amending it (hereinafter "Decret ').
5. Article 4 (8) reads as follows:
"(8) The extent of nationalisation referred to in paragraphs 2 to 5 shall be decided by the Minister for Construction. The Minister for Construction may delegate this decision, as well as the decisions referred to in paragraph 6, to the Regional National Committees. The provisions of Decree-Law No 8 / 1928 Coll., on proceedings in matters falling within the competence of political authorities (on administrative proceedings) shall not apply to the procedure for determining the extent of nationalisation. '
6.
(1) A national undertaking to which the assets of a nationalised enterprise are incorporated shall enter into its liabilities on the day of taking over. If assets are incorporated into several national enterprises, the Minister for the Construction Industry shall designate the undertakings of each national enterprise.
(2) In agreement with the Minister for Finance, the Minister for Construction will determine which obligations of the nationalised enterprise are transferred with the assignment of the assets of the nationalised enterprise to the administration of the authorities in its field of competence on the date on which the assets are taken over.
(3) In agreement with the Minister of Finance and with the Minister of Finance, the Minister of Construction may take measures to transfer liabilities belonging to the national property transferred under Paragraph 3 to another Minister or entrusted to the administration of a municipal undertaking or transferred to another legal person.
(4) The obligations of a nationalised undertaking do not include the obligations under which the assets of that undertaking or part thereof are to be transferred after the date of application of this law to a third party. The obligations of a nationalised undertaking shall also not include personal taxes, levies and charges on the former owner; such commitments shall not be transferred with or be disposed of by an asset incorporated into a national undertaking or entrusted to the administration of the authorities referred to in paragraph 2 or with which an action has been taken or which has been entrusted to the administration or transferred under paragraph 3, nor shall it be possible to satisfy the assets of a national undertaking. Personal taxes and benefits are the tax on pensions, war allowance, rent tax directly levied, property tax pursuant to Government Decree No. 410 / 1942 Coll., property levy pursuant to Act No. 134 / 1946 Coll., on property increase levy and asset benefit, as amended by Act No. 180 / 1948 Coll., and extraordinary benefits pursuant to Act No. 185 / 1947 Coll., on extraordinary one-off levy and extraordinary levy on excessive property gains, as amended by Act No. 180 / 1948 Coll. The methods of payment of these personal taxes and benefits shall be laid down by the Ministry of Finance by means of an official decree.
(5) For commitments which are economically unjustifiable, including obligations under service contracts, guaranteeing disproportionately high salaries for employees, benefits for provision, benefits for disposal, etc., the national undertaking may seek cancellation or other appropriate adjustments. If no agreement is reached, the arbitration panel shall decide in accordance with the rules issued. The provisions of the first and second sentences shall also apply mutatis mutandis if they are commitments which are transferred to the administration of the authorities referred to in paragraph 2 or which are transferred pursuant to paragraph 3.
(6) A national undertaking to which assets nationalised pursuant to Article 4 (3) and (4) (b) which belonged to someone other than the owner of a nationalised undertaking are incorporated shall enter into obligations arising from rights attaching to that property, to the extent and under the conditions laid down by the Government by the Regulation. This Regulation shall also provide for the transition of such commitments if the property is entrusted to the authorities in the field of the construction industry or transferred to another minister or entrusted to municipal undertakings or transferred to other legal persons under Section 3.
(7) If the decision making the measure on the national property does not result in anything else, the State shall not be liable for the obligations of the national undertaking, even if the obligations under Paragraph 6 are adjusted. '
7. Article 6 (1) reads as follows:
"(1) Where the assets of a nationalised undertaking are overpaid on the date on which they are taken over, the national undertaking may ask the court to adjust, at the level of the general price, the assets of the overpaid assets of the undertaking on the date on which they are satisfied and to determine their maturity, account being taken of the economic possibilities of the national undertaking. This shall apply mutatis mutandis to an institution, to a municipal undertaking or to any other legal person to whom the assets of a nationalised undertaking have been entrusted or transferred to administration pursuant to Article 3. '
8. Article 6 (3) (a) reads as follows:
"(a) the obligations arising out of creditors' claims to exclude cases from the property taken over shall remain unaffected, provided that such claims have not been destroyed by nationalisation;"
9. Paragraph 6 (3) (c) reads as follows:
"(c) other liabilities which, according to their ranking, are not fully covered by the difference between the general price of assets of a nationalised undertaking and the value of liabilities which remain unaffected under (a) and (b) shall be satisfied on a pro rata basis. Such liabilities shall also be considered as liabilities referred to in point (b) if they are not covered in the manner stated therein; ';
10. Article 6 (4) reads as follows:
"(4) The adjustment of commitments under this paragraph shall be against the appellant only. There are no commitments against him which will not be satisfied in their order. '
11. Article 6 (5) shall be deleted;
12. Article 7 (1) and (2) read:
(1) The national undertaking to which the assets of the nationalised enterprise have been incorporated may, in the case of another undertaking, body or legal entity to which the assets of the nationalised enterprise have been entrusted or transferred to administration pursuant to Article 3, be contrary to the legal acts carried out by the owner of the nationalised property after 27 October 1945, intended to harm or impede the nationalisation or introduction for his or her own benefit of property value.
(2) It is possible to resist within five years of the date of the decision establishing measures concerning the national property. Otherwise, the provisions of § 46 to 52 of the Civil Code apply mutatis mutandis. '
13.
Unless otherwise provided for, or in the case of overindebtedness under Paragraph 6 (1), it is for property nationalised under this Act to be compensated, for which the provisions of § 7 to 11 of the Decree apply mutatis mutandis.
(1) For the determination of the refund, account shall be taken of the value
(a) the construction, works and supplies, carried out, built-up and unfinished, which are not included in the single economic plan, in force on the date of nationalisation, provided that the provisions in force have been infringed;
(b) raw materials, materials, semi-finished products and products, obtained in contravention of the rules on the management and allocation of raw materials, materials and products in force on the date of nationalisation;
(c) claims on buildings, works and materials, semi-finished products and products, made or delivered in breach of the rules referred to in (b);
(d) unexploited mineral wealth;
(e) property intended for social, educational, physical and similar purposes.
(2) Reimbursement shall not be granted to persons who have been or will be convicted of such an offence or are being punished for such an offence as to show a hostile attitude towards the People's Democratic Order of the Republic or its Socialist Construction. "
14. The title above Section 10 reads:
"Czechoslovak construction plants, a national enterprise, and their organisation."
15. Article 10 (1) reads as follows:
"(1) Czechoslovak construction plants, a national enterprise, based in Prague, set up for a single management and business provision of works, performances and supplies necessary for the implementation of buildings of all kinds, are a separate legal entity, managed by the Director. The activities of this national enterprise in Slovakia are provided by its regional administration in Bratislava. '
16. Article 10 (2), introductory sentence:
"(2) The business activities of Czechoslovak construction plants, a national enterprise, include in particular:"
17. Article 10 (3) reads as follows:
"(3) Clauses 4, § 5 (2), § 6 to 20, § 22 to 32, § 38, § 40, § 42 (2) to (4), § 43 to 48, § 53, § 55 and 56 of Act No. 103 / 1950 Coll., on national industrial enterprises, apply mutatis mutandis to Czechoslovak construction plants, a national undertaking with the fact that Czechoslovak construction plants, a national undertaking, are directly subject to the Minister of Construction and that the Director and his representative are appointed and removed by the Minister of Construction."
18. In Section 10, the following paragraph 4 is added:
"(4) The Minister of Construction may entrust the Director of Czechoslovak Construction Plants, a national enterprise, to the performance of the tasks of the Director-General in respect of other national undertakings in its field of competence. In this case, the provisions of § 33 to 37 of Act No. 103 / 1950 Coll. and the responsibilities of the Directorate-General are provided by Czechoslovak construction plants, a national enterprise."
19. Article 11 shall be deleted;
20.
The extent of the property acquired by the State by confiscation and entrusted to the administration of a national enterprise in the branch of the Ministry of Construction shall be determined by the Ministry in agreement with the Ministry of Finance. '
21. Article 13 to 18 shall be deleted.
22. § 20 reads:
Authorisations for the implementation of structures of any kind may be granted by the competent authority only with the approval of the Ministry of Construction. The agreement shall also be required when establishing new undertakings in these sectors under the authorisations already granted. ';
23.
Legal acts and official acts necessary for the implementation of this Act shall be exempt from fees and charges. This exemption shall not apply to the business of a national undertaking or to measures taken by a liquidator in the liquidation of a legal entity or company. ';
24. Article 22 (2) is deleted.
Measures taken in accordance with the provisions of this Act before the date of its entry into force shall be deemed to have been taken under this Act from the date of the measure.
The Minister of Construction will modify and publish in the Collection of Laws the full text of Act No. 121 / 1948 Coll., as is apparent from the later regulations and Article I of this Act.
The Minister for the Construction Industry is hereby authorised to determine by regulation the date on which Article 10 of Act No. 121 / 1948 Coll., as amended by Article I of that Act ceases to apply.
Article I (6), (7), (8), (9), (10), (12) and (13) of this Act shall take effect on 1 January 1948, the other provisions thereof on the date of its publication. This Act will be implemented by the Minister for Construction in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr. Ing.
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Regulation Information
| Citation | Act No. 58 / 1951 Coll., amending and supplementing the Act on Nationalisation in Construction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.07.1951 |
|---|---|
| Effective from | 28.07.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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