Government Decree No. 90 / 1950 Coll.
Regulation on the management of national assets by national committees
Valid
Effective from 20.07.1950
90.
Government Regulation
of 27 June 1950
on the management of national assets by national committees.
The Government of the Czechoslovak Republic hereby orders, pursuant to § 30 paragraph 1, § 31 paragraph 5 and § 32 of Act No. 279 / 1949 Coll., on the Financial Management of National Committees ("the Act '):
General provisions on the management of national assets by national committees.
Joint and separate management.
(1) National Committees shall manage all national assets entrusted to them as a whole and in accordance with uniform principles.
(2) The management of other assets, such as assets managed under the Convention or special provisions, shall be held separately by the national committees. This applies in particular to the property of separate funds or foundations, securities and deposit; the national assets entrusted to the administration of another national committee, office or body, after the case of a national or local enterprise, but carried by the national committee on the basis of a contract of rent, coupage, hiding, contract of work, loans and the like.
(3) The current rules apply to public roads, areas and waters.
Cancellation of funds.
National assets managed by national committees in the form of non-separate funds shall cease to be special-purpose assets until 30 June 1950.
Listing and registration of national assets entrusted to national committees.
The national committees shall carry out an inventory of the national assets entrusted to them by the administration (Section 1 (1)) and its valuation in accordance with the general valuation rules and shall keep it in the accounting records. Details are provided by the Ministry of Finance in agreement with the Ministry of Interior, the State Office of Planning, the Ministry of Technology and the Supreme Accounting Audit Office.
The content of the administration.
The purpose of administration.
The National Committee shall be called upon to maintain and enhance the national assets entrusted to its administration in order to serve its social mission as effectively as possible.
Authorisations and administrative obligations.
(1) The National Committee shall be called upon to perform all judicial and extrajudicial tasks relating to the management of the national assets entrusted to it. This is without prejudice to the provisions on the jurisdiction of the financial prosecutors.
(2) The National Committee shall be entitled and obliged, under the relevant provisions, to take all measures required by the care of the national property entrusted to it, in case appropriate measures are proposed to the supervising National Committee (Office) or to another competent authority. Before any measure taken by the Supervisory National Committee (Office) concerning the management of national assets, the National Committee which manages such assets shall be given the opportunity to comment, in so far as it is not a general measure or a risk of default.
The administration transfer.
Jurisdiction and form of transfer.
(1) The national assets administered by the national committees on the date of the entry into force of this Regulation are the national assets entrusted to them by virtue of Article 31 (2) of the Act.
(2) The management of national assets is entrusted and withdrawn by the central competent authority in agreement with the ministries of the Interior and Finance, following the supervision of the national committee as authorised by them. The central office responsible shall be the central office within whose jurisdiction the tasks of which the performance of the property is served. If, by transferring the management of the national assets from one central office to another central office, or if, for purposes falling within the competence of another central office, they are transferred to another central office, or if the balance-sheet credits on such assets are entered in the budget of another central office, all central offices concerned shall be responsible and shall proceed in an agreement. The competence of the Ministry of Technology in the management of national assets remains unaffected.
(3) When transferring national property management between national committees and other authorities or bodies, the provisions of paragraph 2 shall be without prejudice to the specific provisions applicable to the delegation or withdrawal of management of such authorities or bodies.
(4) The entrustment and withdrawal of the management of national assets to the National Committee shall be carried out either by individual administrative measures or by general regulation (by decree on the relevant official list). Only central authorities (paragraph 2) may issue a general rule.
(5) Where necessary, the administrative transfer of the administration shall at the same time take the necessary measures with regard to the budgetary management aspects and the implementation of the commitments relating to the assets concerned.
(6) The provisions of paragraphs 1 and 2 are without prejudice to the provisions on property confiscated and nationalised and property acquired for the purpose of land reforms entrusted to the national committee in the interim administration before it is decided on under those rules.
Conditions of transfer.
The measures provided for in Article 6 shall ensure, on the one hand, that the removal of the management of national assets does not make it difficult for the national committee to carry out its tasks properly, unless such a measure requires greater public interests and, on the other hand, that national assets are entrusted to the authorities for which it can best carry out its social mission.
Restrictions on administration.
In the same way as the transfer of national property management is carried out (§ 6), restrictions on the performance of the national committee may also be imposed on the national committee, either at the time of its entrustment or at any time thereafter. Such a restriction may also be imposed in cases covered by Paragraph 6 (1).
Transfers administrative and contractual.
(1) The transfer of national property management (Paragraph 6 (2)) between the national committees shall be carried out between each other or between the national committee and another public authority (Office, Constitution, Facility):
(a) only administratively, if it is for property serving the administrative tasks of the national committee, property or property, i.e. a set of items serving the same purpose as a whole;
(b) either administrative or contractual in other cases.
(2) The transfer of national property management between the National Committee and a national enterprise whose common assets are governed by the resources of the National Economy Fund or by a municipal undertaking of another National Committee shall be carried out by:
(a) only administratively, if it is a property or a property file;
(b) otherwise, normally contracted.
(3) The transfer of national property management between the National Committee and the Investment Bank, the National Company, the Czechoslovak Insurance Company, the National Company, or the State Bank of Czechoslovakia is usually carried out by contract.
(4) When transferring the management of national assets between the National Committee and its own municipal enterprise, specific rules on the management of municipal enterprises apply.
Application of commitments against the State.
(1) The commitments resulting from the negotiations or omissions of the national committee, if not the commitments of the municipal undertaking, are applied against the State.
(2) The provisions of paragraph 1 shall also apply to commitments resulting from the negotiations or omissions of former bodies representing the union of the People's Administration, following the former association of the Territorial Authority.
Minutes in public books.
(1) The entries in the public books for the volumes of the people's administration will remain unchanged as long as the relevant assets remain in the administration of the same national committee.
(2) The change of the existing library entries for the Czechoslovak State will take place on the occasion of the next transfer of the management of this property.
(3) The library records referred to in paragraph 2 shall be carried out by the library court in accordance with the relevant administrative measure, on a proposal from the Central Office or the National Committee whose action it is, on a proposal from the National Committee empowered by it.
Treatment of immovable national property.
The theft.
(1) The real national assets entrusted to the administration of the national committees should not in principle be disposed of.
(2) The following may be disposed of:
(a) to the people's cooperative of the building needed for its operating rooms and land for the construction of such buildings;
(b) the land required for the construction or for other facilities of public interest;
(c) family houses or other small buildings serving the needs of the family and the land needed to build such buildings, including the yard and garden land;
(d) parts of land the connection to other land is useful in the treatment of public roads, spaces and watercourses or in the removal of construction, economic or health defects in existing buildings.
(3) In order to dispose of immovable national assets by the national committee in excess of the provisions of paragraph 2, approval by the Ministry of Interior shall be required in agreement with the Ministry of Finance [Paragraph 15 (1) (a)].
Load.
(1) Real-estate national assets entrusted to the administration of national committees may not be recharged with lien.
(2) Real national assets entrusted to the administration of national committees may be burdened with:
(a) services for the benefit of another property, where such a measure is necessary in the public interest or is strictly necessary for the proper and nationwide use of the land for the benefit of which this is done;
(b) a non-agricultural exploitation right for the benefit of a national undertaking, a municipal undertaking, a people's cooperative or a mass folk organisation;
(c) the right of construction to build a family house or other small buildings serving the needs of the family.
(3) The approval of the Ministry of Interior in an agreement with the Ministry of Finance [Paragraph 15 (1) (a)] is necessary in order to burden the immovable national assets by the national committee in addition to the provisions of paragraph 2.
Hire, pacht and other leave to use.
(1) Rooms in buildings which are national property entrusted to the administration of the National Committee may be rented for residential or operational purposes, while respecting the relevant provisions on the management of apartments or other rooms.
(2) The national assets entrusted to the management of the national committee may be transferred for agricultural use, even without compensation, to the single agricultural cooperative.
(3) Until the national assets entrusted to the management of the national committee can be transferred to a single agricultural cooperative in accordance with paragraph 2, they may be transferred to the operation of the agricultural holding or otherwise (even without compensation) for agricultural use:
(a) Czechoslovak state goods, national enterprise,
(b) Czechoslovak state forests, national enterprise,
(c) a municipal enterprise.
(4) If it is not expedient for the national committee itself to manage the agricultural national assets entrusted to it in administration and not to provide it with the provisions of paragraphs 2 or 3, it may:
(a) to smuggle in the operation of the agricultural holding to small and medium-sized farmers, where:
(b) exceptionally smuggle or otherwise (even without compensation) leave to a national enterprise, community enterprise, folk cooperative or mass folk organisation for non-agricultural use.
(5) The national property entrusted to the administration of the National Committee cannot be smuggled in.
(6) Other immovable national assets entrusted to the administration of the National Committee may be smuggled, leased or otherwise transferred for use according to the needs of economic life.
Need for approval.
(1) The resolution on the disposal, loading and leasing (smuggling) or other transfer for the use of immovable national assets entrusted to the administration of the National Committee shall in principle require the approval of the Supervisory National Committee (Office), in accordance with the following provisions:
(a) The approval of the Ministry of the Interior in an agreement with the Ministry of Finance shall be required for the resolution of any national committee on the disposal of real estate with a price higher than CZK 5,000,000, or for the disposal or encumbrance of real estate beyond the provisions of Sections 12 (2) and 13 (2). The Ministry of Interior and Finance shall act in agreement with the Central Office, which shall be responsible for the tasks of the performance of the property.
(b) The approval of the Regional National Committee shall be required for the resolution of the Local National Committee on the disposal of real estate not covered by point (a).
(c) In other cases, the approval of the immediate monitoring national committee (office) shall be required.
(2) Approval of the supervising national committee (Office) is not required for resolutions
(a) the disposal of a part of the land whose connection to another land is useful in the treatment of public roads, spaces and watercourses or in the removal of construction, economic or health defects in existing buildings;
(b) renting rooms for residential purposes;
(c) renting rooms for operating purposes for a period not exceeding 12 years.
(3) If the lease or smelting agreement or agreement on any other transfer of assets makes use of the clause that it is automatically extended in the event of non-disclosure, and not for rental for residential purposes, such a resolution always requires the approval of the supervising national committee (office).
Exceptional economic measures.
Exceptional economic measures.
(1) The resolution by which the national committee takes over a commitment burdensome to the budgets of the next year or subsequent years, or other exceptional economic measures, requires, in principle, the approval of the monitoring national committee (the Office), unless otherwise provided for in this Regulation, under the following provisions:
(a) The approval of the Ministry of the Interior in an agreement with the Ministry of Finance shall be required for the resolution of any national committee if, on a case-by-case basis, the budgets exceed CZK 250,000 per year or in a total amount exceeding CZK 4,000,000 per year.
(b) The approval of the Regional National Committee shall be required for the resolution of the local national committee, if the budgets in each case are burdened with an amount of more than 100,000 CZK per year or a total of more than 500,000 CZK per year, unless the case requires the approval of a higher one.
(c) In other cases, the approval of the immediate monitoring national committee (office) shall be required.
2. Approval of the monitoring national committee (s) referred to in paragraph 1 shall not be required:
(a) the resolution on the investment measures taken under the single economic plan implementation plan;
(b) a resolution in the field of the personal rights of employees, on which the provisions of the special provisions apply;
(c) for hire of movable property for a maximum period of one year.
Relief.
The Ministry of the Interior may, in agreement with the Ministry of Finance, provide that for certain types of exceptional economic measures of the national committees under conditions specified, there is no need to approve the national monitoring committee (office). This provision shall not apply to the disposal of immovable national property.
Final provisions.
Rules of jurisdiction.
A plenary meeting of the National Committee shall be held for the measures required under this Regulation by the lower national committees to require the approval of the Ministry of Interior in agreement with the Ministry of Finance and for the measures of the local national committee which require the approval of the Regional National Committee [§ 15 (1) (a) and (b)]. The Board of the National Committee shall decide on other measures requiring the approval of the Supervisory National Committee (Office).
Transitional provision.
(1) The legal ratios of the national assets entrusted to the administration of the national committees (services, utilization and consumption rights, rents, pâtés and staffs, based before the application of this Regulation, remain unaffected.
(2) The contracts for the disposal of immovable national property entrusted to the administration of national committees concluded between the national committee and another body, provided that they were not subject to approval under the existing rules or have already been approved under the existing rules, remain unaffected; contracts already concluded but still requiring approval shall be assessed in accordance with the existing rules if they were applied for before 1 January 1950.
(3) Where, under existing rules, a contract has been concluded for the disposal of immovable national assets between the People's Administration Association, on the one hand, and the State, a national undertaking or a municipal undertaking, on the other hand, the market price may not yet be paid, as provided for in Sections 6 and 9.
Efficiency and execution.
This Regulation shall enter into force on the day of its publication; They shall be implemented by the Home and Finance Ministers in agreement with the participating members of the Government.
Zaporocký v. r.
Nosek v. r.
Cable v. r.
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Regulation Information
| Citation | Government Decree No. 90 / 1950 Coll., on the Management of National Assets by National Committees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.07.1950 |
|---|---|
| Effective from | 20.07.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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