Government Decree No. 81 / 1958 Coll.
National Property Management Regulation
Valid
Effective from 01.01.1959
81
Government Regulation
of 5 December 1958
on the management of national property
The Government of the Republic of Czechoslovakia, with the agreement of the President of the Republic pursuant to § 10 paragraphs 1 and 2 of Act No. 63 / 1958 Coll., on the second five-year plan for the development of the national economy of the Republic of Czechoslovakia:
Preliminary provisions
Purpose of the Regulation
National property is like the inviolable property of all working people in state socialist property, which is the source of the wealth and strength of the republic and the constant growth of the material and cultural level of all workers. The continuous development of production extends this national property and strengthens the economic basis of socialist society. It is therefore in the own and immediate interest of all workers to manage and protect this property with the care of the owner and the operator responsible. For this importance of national property, it is also necessary to adapt its management to be carried out in accordance with uniform principles ensuring its most effective protection, its most efficient and cost-effective use, and its constant enhancement and reproduction.
(1) The working class as the principal creator of all values, as well as other workers, are actively involved in the performance of all tasks arising from the management, reproduction, economic exploitation and protection of national assets from damage, destruction and theft. The Heads of State Socialist Sector Organisations are required, in close cooperation with the authorities of the Revolutionary Trade Union Movement, to create permanently and consistently the most suitable conditions for this widest and immediate participation of workers.
(2) To this end, workers and their social organisations, national committees and businesses develop all forms of active, conscious and mutual participation, in particular by socialist competition, production advice, collective agreements, assets and, above all, the personal work of each individual, so that national assets are increasingly and better served to develop the standard of living of the working people.
Scope
This Regulation shall apply to all national assets.
Management of tangible national assets
Nature of administration
(1) Material national assets are managed by state socialist sector organisations.
(2) The organisation of the state socialist sector managing national assets is also entitled to hold, maintain and protect this property in order to lead to its greatest flourishing. At the same time, it is obliged to register, use and dispose of this property as required by the proper performance of its tasks.
(3) When managing national assets, state socialist sector organisations act on behalf of the State as owners.
(4) The organisation of the state socialist sector, which is a legal person, acts on its own behalf in the management of national assets.
(5) The organisation of the State Socialist sector which manages national assets may entrust the subordinate organisation with certain administrative tasks if this improves the performance of tasks or reduces costs. Such delegation shall be without prejudice to its responsibility for the management of such property.
Management competence
(1) National assets are principally intended to manage the organisation of the State Socialist sector, which is entrusted with the tasks for which the national assets are wholly or principally used; exemptions are only possible for serious reasons, particularly economic reasons.
(2) In doubt about the jurisdiction of the management of national assets between state socialist sector organisations subordinate to the same body, the authority shall decide directly jointly by their superior. Among organisations subordinate to different central offices or regional national committees or whose senior supervisor is the central office with one organisation, the second council of the Regional National Committee, those authorities shall decide by mutual agreement.
(3) If no agreement is reached between the authorities referred to in the second sentence of the preceding paragraph, the Ministry of Finance shall decide on the management jurisdiction at the request of either of them.
(4) The implementing rules (§ 25) provide for the management of national assets which are found not to be in the administration of any State Socialist sector organisation and how they are handled.
Types of tangible national property
Individual material matters of national property, depending on the nature and economic purpose, are essentially either basic resources or stocks.
Registration
(1) In particular, the proper administration and protection of national assets requires that national assets be identified, written down, valued and normally kept in the register under special regulations. The organisation of the state socialist sector is therefore required to keep an eye on, in particular in the inventory, whether the national assets in terms of actual quantity, type and condition agree to the registration.
(2) As owner of real-estate national property, the Czechoslovak State is registered in public books with an indication of the organisation of the state socialist sector which manages the property.
(3) The organisation of the State Socialist sector which manages national assets is required to take care of order in public books, in particular the registration provided for in paragraph 2.
Protection
(1) The organisation of the State Socialist sector is required to take the necessary measures to protect national property consistently and consistently, in particular to prevent damage, destruction, loss or abuse.
(2) In order to ensure the exercise of rights deriving from the management of national assets, the organisation of the State Socialist sector shall use all legal means in time, in particular to seek the protection of property rights and possession, to exercise claims for damages, to ensure claims and claims before limitation and termination and to initiate prosecution.
Maintenance, routine and general repairs and investments
(1) The organisation of the State Socialist sector is required to maintain national assets in a proper and user-friendly state, in particular by timely, regular and economical maintenance and repair.
(2) The implementing rules shall lay down what is meant by overhauls of basic funds and under what conditions State Socialist sector organisations may carry out overhauls and investment work on basic funds which are not national assets but are wholly or partly in their use.
(3) In order to write off the costs of centralised investment construction on which work has been permanently discontinued, the government's acceptance of the investment costs is required in cases where the investment costs incurred exceed 1 000 000 CZK per building.
(4) The central authorities shall determine for decentralised investment construction who shall decide on the permanent cessation of work on unfinished investments and the depreciation of investment costs incurred.
(5) The Ministry of Finance shall lay down the details of the depreciation of the costs of investments on which work has been permanently discontinued and the way in which the investments stopped.
Use
Surplus and unfit assets
(1) The organisation of the state socialist sector is required to ensure that national assets are fully used.
(2) If the organisation of the State Socialist sector has national assets in its management which it does not need for the performance of its tasks or which, taking into account its status, is unfit for it, it is obliged to ensure that it is placed or otherwise disposed of in the interests of society in a timely and proper manner.
Rent
(1) The organisation of the State Socialist sector may lease national assets which it temporarily does not need to carry out its tasks, unless the implementing provisions provide otherwise.
(2) The rental of rooms for residential or operational purposes is governed by the rules on the management of apartments or other rooms.
Surrender to permanent use
(1) Until permanent use (Paragraph 103 (2) of the Act), only immovable national assets with accessories may be surrendered to social organisations or to people's cooperatives and cooperative organisations; separate movable goods may be put into permanent use only exceptionally, provided that their nature of permanent use permits and there are particular reasons for doing so.
(2) Only national assets under the administration of the District National Committee and its perimeter may be surrendered to permanent use. Surrender to permanent use shall be the responsibility of the executive bodies of the national committee. National assets, submitted before the entry into permanent use of this Regulation by another organisation of the state socialist sector, are required to be transferred by the organisation of the state socialist sector, which has the assets under management, without delay to the administration of the district national committee in whose district it is situated. The Ministry of Finance may, for serious reasons, provide, in particular for the specific nature or mission of certain parts of national assets, that other State Socialist sector organisations, too, may hand over national assets to permanent use or, where appropriate, to permanent use already surrendered in their administration.
(3) Surrender to permanent use shall be carried out by a measure issued after the prior consent of the future permanent user.
(4) A permanent user has the rights and obligations of an organisation of the state socialist sector managing national assets (§ 4), but may not dispose of the assets or dispose of them or burden them, and may only use them for the purpose for which he was given. Additional conditions and restrictions may be imposed on a permanent user.
(5) National property may be withdrawn from the permanent user if the permanent user does not fulfil the conditions laid down or if the general interest so requires.
National property burden
(1) National property may not be subject to liens and burdens in kind, even if this Regulation, implementing or specific provisions do not permit such burdens.
(2) Real national property can be encumbered by the right of construction for the benefit of folk cooperatives and social organisations or by building a family house or other small buildings for the benefit of workers. The load shall be subject to the approval of the directly superior body, unless otherwise provided for in the implementing provisions.
(3) In other cases, national assets may be encumbered only in the general interest and subject to the consent of the Ministry of Finance, acting on a proposal from the competent central office or executive body of the Regional National Committee.
(4) Specific provisions authorising the organisation of the State Socialist sector to use national assets for general good purposes and for their installations are without prejudice.
The provisions of the special provisions on the abolition of liens and encumbrance on property, on the date on which the property becomes the basic means of a national undertaking, shall apply to all other organisations of the state socialist sector; the lien and material burdens attaching to the basic resources of these organisations on the date of the entry into force of this Regulation shall cease to exist on that date.
Transfers of national property management
(1) The management of national assets may be transferred only on grounds of jurisdiction (Section 5), or if there are surplus or unfit national assets, or if other serious reasons so require. National property management shall be transferred free of charge by a unilateral measure or agreement if:
(a) real estate;
(b) the movable assets and stocks and where their transfer is made as a result of reorganisation, delimitation, transfer and extension of the production programme, on the basis of decisions of the higher authorities;
(c) the means of payment and the stocks of small and short-term items transferred between budgetary organisations;
(d) stocks as part of the economic unit transferred between budgetary organisations;
(e) the outstanding investments made in the framework of centralised construction by State budget funds;
(f) cases where, for serious economic reasons, the Ministry of Finance so provides.
(2) In cases other than those referred to in paragraph 1, the management of national assets shall be transferred by contract.
(3) The detailed arrangements and, in particular, the procedure for the transfer of the management and approval of transfers to senior bodies shall be laid down in implementing rules.
(4) The provisions of the preceding paragraphs shall not apply to the treatment of national property in the normal course of business.
Extradition of national property
(1) The essential assets shall not be disposed of, even in an executive manner, unless the implementing or specific provisions permit disposal.
(2) The implementing rules shall, in particular, lay down the procedure for the disposal, approval of the disposal by superior authorities and the use of the proceeds of the disposal of essential resources; restrictions may also be laid down for the disposal of national assets other than basic funds.
(3) In order to dispose of national assets in excess of 5 000 000 CZK free of charge, the Government must be elected.
Claims and State rights
(1) It is for the State to manage the claims and rights (hereinafter referred to as the "claims"), unless otherwise provided for in specific provisions, to the organisation of the state socialist sector.
(a) the scope of the claim;
(b) or in whose jurisdiction it is to safeguard the property interests of the State whose damage is caused by the claim;
(c) or which has in its administration the property to which the claim relates.
(2) If, pursuant to paragraph 1, no organisation of the State Socialist sector is a member, the central authority whose field of competence relates to the claim or, where appropriate, the organisation shall be subordinate to it, which it shall designate.
(3) If jurisdiction cannot be determined in accordance with paragraph 2, the Ministry of Finance or, where appropriate, the organisation shall be subordinate to it, which it shall designate.
(4) If there is no agreement between several organisations responsible under paragraph 1 on the enforcement of the claim, the provisions of paragraphs 2 and 3 of Article 5 shall apply mutatis mutandis.
(1) From the management of the claim, the organisation of the State Socialist sector is entitled and obliged to treat with the care of the socialist economy on behalf of the State as a creditor and with the restrictions resulting from this Regulation.
(2) The organisation of the state socialist sector shall ensure that all claims are properly and timely met by the debtors or enforced by the timely application of claims before the competent authorities.
(3) The Ministry of Finance shall determine for which claims and under which conditions the organisation of the State Socialist sector of the debtor may wait until its commitment is fulfilled, forgive it in whole or in part, or waive recovery.
(4) The provisions of Sections 7 and 8 apply mutatis mutandis to the management of claims.
The debtor may not pay his obligation to the State by offsetting his claim on the State.
The provisions of Sections 4, 5, 7, 8, 13 to 16 apply mutatis mutandis to the management and handling of securities; the provisions of Sections 17 and 18 apply mutatis mutandis.
Acquisition of assets for the State
(1) The Ministry of Finance may lay down conditions for the acquisition of goods and receivables by state socialist organisations for the State from private individuals, in particular the method of payment or, where appropriate, to limit or exclude such acquisition.
(2) The Ministry of Finance may issue the provisions referred to in paragraph 1 also for the acquisition of goods and receivables by other socialist sector organisations.
(1) The assets acquired by the State by the donation, death, prevention or forfeiture of criminal proceedings, judicial or administrative proceedings, in liquidation and for other similar reasons, are held by the district national committees in the interim administration; the assets are recorded, secured and implemented by the executive bodies of the district national committees. The Ministry of Finance shall determine the details, in particular the responsibilities of the District National Committees arising from the interim administration, in agreement with the central authorities involved.
(2) State administration and organisation of the socialist sector are required to cooperate with the district national committees to ensure that the assets acquired for the State are properly identified, recorded, secured and implemented.
(3) The proceeds from the implementation of this property are revenue from the State budget.
Specific provisions shall apply to the management and management of the property nationalised, to the property acquired for the purposes of land reform and to the property confiscated until such property has been finally disposed of.
Supervision
(1) In their field of competence, the competent authorities are required to oversee whether the organisation of the state socialist sector properly fulfils the obligations arising from the management of national assets and to ensure that they are eliminated if defects occur.
(2) In order to eliminate and avoid defects or from other general interest, a superior authority may impose appropriate restrictions on the performance of its administration on the organisation of the State Socialist sector.
Final provisions
Empowerment
The provisions necessary for the implementation of this Regulation shall be issued by the Ministry of Finance in agreement with the central authorities involved.
The Ministry of Finance may, in agreement with the participating central authorities:
(a) provide that the provisions of Sections 18 and 20 on the claims of which creditors are organisations of the state socialist sector, in particular legal persons, apply mutatis mutandis;
(b) determine which organisation of the State Socialist sector shall recover the claims of the organisations referred to in point (a), where there are doubts as to which of them the claim is due, and that, by the recovery of the entrusted organisation, it shall have the capacity to be party to the proceedings in the application of the claim;
(c) also impose a general obligation on any organisations and persons to report their national assets to them for any reason;
(d) establish a procedure for the liquidation of State Socialist sector organisations and legal entities where the result of the liquidation affects the State budget; it may also determine how the creditors' claims are settled by the cancelled organisation (s) and the procedure for their application.
The competent central authorities may lay down, for their field of competence, further details of the regulations of the Ministry of Finance issued under this Regulation in agreement with them.
Repeal
(1) All provisions contrary to this Regulation shall be repealed; in particular, Government Regulation No. 110 / 1953 Coll., on the Management of National Assets by Budgetary Organisations, and Government Regulation No. 111 / 1953 Coll., on the Basic Funds of Economic Organisations, are repealed.
(2) The provisions of the special provisions relating to the management of banks, state savings banks and State insurance companies, the arrangements relating to the management of funds and the provisions of foreign exchange regulations are without prejudice.
Efficacy
This Regulation shall apply from 1 January 1959; All members of the government will do it.
Novotný v. r.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
Bakuľa v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Machachová v. r.
Dr. Unedible v. r.
Polack v. r.
Tesla v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Dr Skoda v. r.
Ing. Black v. r.
Dvořák v. r.
Dr Kahuda v. r.
Colonel General Lomský v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Dr. Vlasák v. r.
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Regulation Information
| Citation | Government Decree No. 81 / 1958 Coll., on the Management of National Property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1958 |
|---|---|
| Effective from | 01.01.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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