Act No. 64 / 1951 Coll.
Act amending and supplementing the rules on the nationalisation of commercial enterprises
Valid
Effective from 30.07.1951
64.
Law
of 11 July 1951
amending and supplementing the provisions on the nationalisation of commercial undertakings.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Act No. 118 / 1948 Coll., on the organisation of wholesale activities and the nationalisation of wholesale enterprises, is amended as follows:
1. Paragraph 4 (1) reads as follows:
"(1) The Minister for Internal Trade shall entrust the wholesale business to the national undertakings and may exceptionally also entrust other undertakings or authorities, while at the same time determining the scope of the activity. '
2. Article 4 (3) is deleted.
3. Article 6 (1) reads as follows:
"(1) The Minister for Internal Trade may nationalise by nationalisation with effect from 1 January 1948 or from a later date, certain undertakings engaged in wholesale activities. '
4. The following Section 8a is inserted after Section 8:
Where, within the scope of the Minister of Internal Trade, the Minister of Internal Trade does not use the assets nationalised under this Act to establish a national undertaking or to integrate them into a national undertaking, or if such assets are not entrusted to the administration of the authorities in its field of competence, the Minister of Internal Trade may, in agreement with the Minister of Finance and with another Minister, delegate such assets to other legal persons in order to take action on it in its own field of activity, or to delegate them to the administration of municipal undertakings or to compensation determined pursuant to Article 13. '
5.
(1) A national undertaking to which the assets of a nationalised undertaking are incorporated shall enter into its liabilities on the day of taking over. When assets are incorporated into several national enterprises, the Minister for Internal Trade shall designate the undertakings to which each national undertaking enters.
(2) If the Minister of Internal Trade has delegated the nationalised assets to the administration of the authorities in his field of competence, he shall at the same time determine, in agreement with the Minister of Finance, which shall be the date on which the assets are taken over.
(3) A national undertaking to which the assets nationalised pursuant to Article 8 (3) and (4) (b) belonging to a person other than the owner of the undertaking are incorporated shall enter into obligations arising from the rights attaching to that property, to the extent and under the conditions laid down in the regulations implementing the 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 and supplementing it (hereinafter referred to as the "Decree"). The same rules also apply to the transfer of such liabilities if the property is entrusted to the authorities in the field of internal trade or transferred to another minister or entrusted to the administration of a municipal undertaking or transferred to another legal person under Section 8a.
(4) The Minister of Internal Trade may, in agreement with the Minister of Finance and the Minister of Finance, take measures to transfer liabilities belonging to the national assets transferred under Paragraph 8a to another Minister or entrusted to the administration of a municipal undertaking or transferred to another legal person.
(5) The obligations of a nationalised undertaking do not include the obligations under which the assets of that undertaking or part thereof are to be taken over by a third party after the date of application of this law. 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 satisfied by an asset incorporated into a national undertaking or entrusted to the administration of the authorities referred to in paragraph 2 or with which a measure has been taken or which has been transferred under Paragraph 8a. 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. The methods of payment of such personal taxes and benefits shall be laid down by the Ministry of Finance by a decree in the relevant official document.
(6) In the case of commitments which are economically unjustifiable, including obligations under service contracts, guaranteeing employees unduly high salaries, benefits, benefits for disposal, etc., the national undertaking may request cancellation or other appropriate adjustments. If this does not come to an agreement, the arbitration panel established pursuant to Act No. 228 / 1946 Coll., shall decide on arbitration courts for adjusting certain obligations of national undertakings, as amended by Act No. 272 / 1948 Coll. The provisions of the first and second sentences shall also apply mutatis mutandis if they relate to commitments which are transferred to the administration of the assets referred to in paragraph 2 or which are transferred pursuant to paragraph 4.
(7) If the measure entrusting the nationalised property to the administration of the authorities in the field of internal trade or of another minister does not imply anything else, the State shall not be liable for the obligations of the nationalised undertaking, even if the obligations under Paragraph 11 are adjusted. '
6.
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 of the assets of the asset over-indebted to 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 applies mutatis mutandis to a municipal enterprise or other legal person to whom the assets of a nationalised enterprise have been entrusted or transferred to administration under § 8a. '
7. Article 12 (2) reads as follows:
"(2) It may be withdrawn within 3 years of the takeover. Otherwise, the provisions of § § 46 to 52 of Civil Code No. 141 / 1950 Coll. '
8.
(1) Save as otherwise provided, the property nationalised under this Act and the property assets (parts thereof) transferred to the ownership of the national undertaking pursuant to Paragraph 9 shall be reimbursed. Article 7 to 11 of the Decree applies accordingly.
(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. "
9. Paragraph 14 (6) shall be replaced by the following paragraph:
"(6) The extent of the property acquired by the State and with which the measures referred to in paragraph 1 are taken shall be determined by the Ministry of Internal Trade in agreement with the Ministry of Finance."
10. Article 14 (7) and (8) shall be deleted;
11. Paragraph 21 is replaced by the following:
The legal acts and official acts necessary for the implementation of this Act shall be exempt from fees and charges. This exemption shall not apply, however, to the commercial activities of a nationalised undertaking and to the measures taken by the liquidator in the liquidation of a legal person or company. '
12. The designation of Section VI and its title shall be deleted.
13. The following Section 22 is inserted after Section 21:
The proceeds (pensions) obtained from the nationalised enterprise up to the date of takeover shall form part of the basis for the assessment of the tax on the pension, general and special tax on the earnings and on the income of the last owner of the nationalised enterprise before its nationalisation. '
Act No. 120 / 1948 Coll., on the nationalisation of businesses with 50 or more active persons, is amended as follows:
1. In Paragraph 1 (2) (b), the words "which were on 1 January 1948 'are deleted.
2.
"(3) The Minister for Internal Trade shall determine which undertakings have been nationalised pursuant to paragraph 1. ';
3. Paragraph 4 is replaced by the following:
Paragraph 8, 8a, § 10 to 13, § 17 and 18 and § 20 to 22 of Act No. 118 / 1948 Coll. I shall apply mutatis mutandis to matters governed by this law. '
4. Sections 5 to 8, 9 paragraphs 7 and 8, 12 to 14 are deleted.
5. Article 9 (6) shall be replaced by the following paragraph:
"(6) The extent of the property acquired by the State and with which the measures referred to in paragraph 1 are taken shall be determined by the Ministry of Internal Trade in agreement with the Ministry of Finance."
Act No. 122 / 1948 Coll., on the organisation and nationalisation of travel agencies, is amended as follows:
1.
The Minister for Internal Trade may nationalise by nationalisation with effect from 1 January 1948 or from a later date by undertakings operating in full or in limited scope of travel agencies. '
2. Paragraph 4 is replaced by the following:
Paragraph 8, 8a to 13, § 17 and 18 and § 20 to 22 of Act No. 118 / 1948 Coll., as amended by Article I shall apply mutatis mutandis to matters governed by this law. '
3. Sections 5 to 9, 10 (6), 13, 14 and 16 are deleted.
4. Paragraph 10 (5) shall be replaced by the following paragraph:
"(5) The extent of the property acquired by the State and with which the measures referred to in paragraph 1 are taken shall be determined by the Ministry of Internal Trade in agreement with the Ministry of Finance."
Act No. 124 / 1948 Coll., on the nationalisation of certain innkeeper and innkeeper enterprises and accommodation establishments, is amended as follows:
1.
The Minister for Internal Trade shall determine which undertakings have been nationalised by this law. '
2. the words "which were on 1 January 1948" shall be deleted from Paragraph 4 (1) (a).
3. Paragraph 7 is replaced by the following:
Paragraph 8, 8a to 13, § 17 and 18 and § 20 to 22 of Act No. 118 / 1948 Coll., as amended by Article I shall apply mutatis mutandis to matters governed by this law. '
4. Sections 8 to 11, 12 paragraphs 6 and 7, 15 to 17 are deleted.
(5) Paragraph 12 (5) shall be replaced by the following paragraph:
"(5) The extent of the property acquired by the State and with which the measures referred to in paragraph 1 are taken shall be determined by the Ministry of Internal Trade in agreement with the Ministry of Finance."
The Minister of Internal Trade may, in agreement with the Ministers of the Interior and Finance, delegate to the Regional National Committees the competence in the matters of:
(a) the removal of individual property items, property files or rights from nationalisation, unless they are necessarily necessary for the operation of the national undertaking, and the retention of them to the beneficial owner;
(b) deciding on the extent of nationalisation;
(c) imposing on the owners of wholesale undertakings, in order to transfer part of the assets of the wholesale undertaking stopped for compensation to the ownership of the national undertaking;
(d) determining the extent of the incorporation of confiscated property.
The Minister of Internal Trade shall adapt and publish in the Collection of Laws the full text of Act No. 118 / 1948 Coll., as is apparent from the later regulations with the addition of Article 4 (1) of the Act. In this law.
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.
Articles I (4) and (5) and Articles II (3), III (2) and IV (3), where they invoke the provisions of Sections 8a and 10 of Act No. 118 / 1948 Coll., shall become effective on 1 January 1948 and the other provisions of that Act on the date of publication; It shall be implemented by the Ministers for Internal Trade and Finance in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Krajčir v. r.
Cable v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 64 / 1951 Coll., amending and supplementing the regulations on the nationalisation of commercial enterprises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.07.1951 |
|---|---|
| Effective from | 30.07.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0