On The Management Of The Assets Of Plots On The Disk

Original Language Title: o hospodaření na zabraném majetku pozemkovém

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=1698&nr=118~2F1920~20Sb.&ft=txt

118/1920 Sb.



Law



of 12 October. February 1920



on the management of the assets of the disk plots.



After the sense § 6 of the law of 16 June. April 1919, no. 215 Coll. and n.,

They shall be issued on the consequences of violation of the obligations of the sound management of the

the assets of the State of the disk, but not nepřevzatém, as well as the

obligations and the protection of persons employed on the estate, this

the provisions of:



§ 1



Proper management within the meaning of this Act means expending

all care, work and costs necessary to make the usage of assets

achieved was economic, appropriate to the net proceeds of its nature and quality, and

the property itself, with all its facilities was maintained still in good

the status and the neztenčený.



§ 2



To maintain the property in good condition include:



1. The necessary repairs and investments in buildings, equipment and their

Accessories, even if, in order to avoid major repairs and investments



2. the necessary reconstruction and new construction of economic and residential buildings,

establishments and establishments, whether there was a need for new construction or remodeling

fire or gatherings, or residential buildings on the

nedostačitelností after the health,



3. repair, replenishment, and according to the extent and the way of the economy must be

reproduction of the dead and of the living facilities,



4. restoring fences, walls and other enclosures, maintaining and restoring

milestones, if such devices so far its purpose more is not enough,



5. the introduction of fruit stromův the noble trees on site type

deceased musicians and continued in the planting of fruit gardens and

Alley,



6. cleaning of ponds, tanks and liquid discharges, repairing and restoring dams

splavův and other aquatic facilities, the maintenance of private water supplies,



7. maintenance of amelioration of the device, the continuation of the commenced already

amelioration and construction work necessary in the private field and paths

forest, there was the interruption of these works only after 1. August 1914 for

war,



8. keeping of proper books of receipts and payments in kind, as well as releases

výkazův of dead and live equipment and assets and funds,



9. safe storage and proper custody of archives, filing cabinets,

cabin registries and administrative libraries distinction purely family.



§ 3



Additional obligations of persons managing the disk property is sufficiently

East pensijní and other provident benefits whatever the law, whether

pensionovaných staff only with respect to the agreement to your

age or already occurring pensionování were not subject to legal obligations

pensijního insurance, especially established funds and subsidies funds

separately for accounting purposes, as well as reported then that end gifts of grace

former employees and regularly provided to the survivors of them, or

injured persons on the farm and their survivors.



§ 4



(1) the person managing the disk forest assets are required to hlásiti

14 dnův from closing the sale to its land sales office of each wood,

local, retail sale, distinction, and připojiti a copy of the notice to the market

contracts and terms of sale. Sales duly unannounced and unsupported

a copy of the contract is neplatny.



(2) the Land Authority is reserved to 14 dnův from the date of notification

make a Mormon out sale for invalid, is contrary to the proper extraction of forest, neb

obmezuje-if the law of the State resulting from following the law.



§ 5



(1) the implementation of supervision in the management of the assets of the disk shall instruct

Land Office-person professionally educated and especially trust.



(2) Contracting Officers be taken immediately when you embark on a promise of service for

the land Office.



(3) the supervisory Organ services, whether they are officials or Government Contracting,

in the exercise of his Office, shall also enjoy protection people official within the meaning of

criminal laws.



(4) the supervisory people are required to observe professional secrecy, which refers to

also knowledge, acquired in the exercise of the supervisory service.



(5) in the performance of services are required, at the request of the door to the evidence of the

the land Office.



(6) the Political authorities and the authorities of the stool and safety. are required to

to offer them at their request, the necessary assistance for the performance of services.



§ 6



(1) persons have the right to all the supervisory prohlédnouti absorbed the assets of its

accessories and equipment, and for that purpose to enter also into all

building neb closed places, or debit is otevříti in the presence of

a representative of a municipality or political office, if the person on the property

managing the neb its representative are not present and could not be there in a reasonable

the time of přivolati. They can see into him, to all books and záznamův of management

economy, do each other statements and for that purpose shall require the submission of the

their. A person working at the property, and their representatives are required to

debit the supervisory people demanded explanations and observations.



(2) these rights použijtež persons only if the Supervisory Board that needed to

the effective exercise of supervision.



(3) the knowledge obtained in the exercise of supervisory services shall not be used to

the purposes of the tax.



§ 7



(1) persons managing the disk space assets, their employees,

agents and other agents are obliged to under the consequences set out in section 25

This Act, the business performance of the supervisory people umožniti and effectively

podporovati, all questions accurately, completely and them to the best of

Note correctly zodpověděti.



(2) As is the duty of all employees on the disk property

hlásiti on challenging supervisory person glitches, which could value assets

the file zmenšiti or achieve substantially the average and the nature of the land

reasonable harvest ohroziti.



§ 8



(1) Supervisory person saves on the spot, in writing, to the person working on

the disk property, or his representative, should take precautions, which she

deems necessary, without delay, for the proper functioning of the economy, or for the necessary

food security of the people.



(2) if the person to whom the Supervisory Board, should measures be imposed, it is entitled to

one is on account of the person running and as needed on its cargo

ustanoviti appropriate person would dohlédala to perform them.



(3) it is for the person the same right, if a person managing the Supervisory Board on

the disk of the asset, or its representative, denies převzíti written regulation

or is realized.



(4) a written regulation let there be saved in both cases at the municipal office

for a running person.



§ 9



(1) The regulation of the person in accordance with § 8 of the Supervisory Board is authorised to

Land Office to 14 dnův from the date of receipt of the written neb regulation

the imposition of its local authority.



(2) this complaint has no suspensive effect.



§ 10



(1) other measures necessary to secure the proper management of

the disk space assets, the land Office, previously poskytna opportunity

the person managing the disk property, or agents, to make about them

expressed.



(2) in cases of major can land Office vyšetřiti State of affairs

on the spot with its professional civil servants or experts.



§ 11



(1) if the supervisory person (§ 8) or land authority (§ 10) gross

omissions or breaches of the principles of sound financial management, the cost of prosecuting

the performance of the supervisory services and investigations on the spot the very person managing

the disk space assets.



(2) the amount of the cost of the land Office of execution and enforced political or

the Court.



§ 12



(1) Land Office directs the continuous supervision, and if this is insufficient,

or cannot be from him to them a desired outcome, impose on the property

engrossed: administration official



1. If the person working on it there permanently absent without

She left there a representative,



2. If the person itself nor its Chief Officer neosvědčují

eligibility říditi and needs proper management and does not appoint in

reasonable time intended for the land authority, capable of an expert



3. If the person running again to grossly violate the principles of sound

the management of or oblivious to the provisions of this Act, in particular §§ 4, 21.22,



4. If the takeover to the administration requires the necessary security of supply

people, food and other items needed, and its land Office was

the proposal made by the competent authority,



5. If the fault of the people running have occurred or its payroll management and

labour disputes that threaten seriously the proper management,



6. If you notice a person managing the land authority after the sense of § 13

following the law, and if the introduction of the official administration substantially ulehčiti

acceptance of seized property or zabrániti, the device is not

deported.



(2) before the land Office will impose a permanent surveillance on management the neb official

absorbed the assets of the forest, shall request the opinion of the Ministry of agriculture.



section 13 of the



According to constant surveillance is a permanent supervision on farming, carried out

officer or agent of the land Office. In the case of a persistent

supervision rules, §§ 5 to 11.



§ 14



(1) the provisions of the official administration passes management and everything with the Administration

assets, the liquidation of the crops, raw materials, výrobkův and

below, the conclusion and rozvazování pachtů, service and hired the treaties and

under the. within the limits of applicable law to the official administrator, appointed by the

the land registry office (art. 17, para. 2).



(2) the provisions of the official administration shall take office from the law of land


the general mandate to represent the asset subject to the official administration.



§ 15



(1) the Land Authority responsible for official administration able and professionally educated

of the person.



(2) the official managers shall apply mutatis mutandis the provisions of § 5.



(3) the official administrator is obliged to personally and generally management on site

very říditi. For this purpose, it is for him on the farm, apartment and other

benefits in kind, reasonable of his position.



(4) the official administrator is required to report annually to its land Office složiti

on all your accounts management.



section 16 of the



(1) from the proceeds of the official administrator applies the cost management authorities,

assessed land authority, and other asset management, namely,

Therefore, public levies and taxes, rents, personal accident and sickness insurance,

salaries and grants and donations in accordance with § 3, interest on claims the neb annuity

mortgage etc., decent maintenance owner (user, sharecropping), then

costs referred to in sections 2 and 3; net revenue annually reported in your Bill

approved by the land registry office, be it issued to the person entitled, if he

There is a need to ensure the sound operation of the economy in the next

marketing year, and if they are not contrary to other legal provisions.



(2) Enforcement imposed Administration may only net income postihnouti, whose

According to the previous paragraph, it should be going to the creditor.



§ 17



(1) the person managing the assets of podrobeném official administration, must not be

mísiti to business výkonův to the official administrator, or otherwise to the Administration

assets subject to official administration, under section 25, the consequences may, however,

itself or his confidant přihlížeti to lead her, in the books, nahlížeti

account home in and other výkazův about management, súčastniti, the poradným voice

When the liquidation of the crops, raw materials, and under výrobkův., when shopping, and

sale of live devices and t. p. Land Office may uložiti this person,

would be established each other another fiduciary if the previous důvěrníku against

a serious objection.



(2) in the case of conclusion of collective bargaining agreements with employees or business

permanent contracts, is obliged to the Official Administrator's observations of vyžádati

owner (user pachtýře) or his confidant. The same applies,

If it is to be closed or terminated the pachtovní ratio of the economic unit

(the Court, farmhouse), if they are to be improved by the delights of pensistů seized

property, or taken a wider range of investment and značnějších

costs.



(3) If several people running on the disk property, the

vykonávati of the right, referred to in this paragraph, only one person

(co-owner, spoluuživatel, config).



section 18



(1) the Office shall cancel the official Land Management, if its activities reached

It was the purpose of the reference to the imposition of the Administration, or if he's unconscious reason

her, and if it is in both cases a guarantee that will be permanently hospodařeno properly

even after the abolition of official administration, and that the reason for the imposition of the official management does not

opětovati, or the person running for my new cause to impose her.



(2) Repealed the official administration, can land the authority may be, that the official

a manager within a maximum of three months in its place and oversaw the

management, and made the final súčtování (§ 16).



(3) after approval of the final statement by the land Office so be it also

cash management is handed over to the creditor, if not preclude other

statutory provisions.



(4) the funds referred to in section 3 must be stored with the orphan's confidence and bound

(vinkulovány).



§ 19



(1) the provisions of this Act on the news of the official also applies on the due

administrations, imposed on engrossed assets based on the regulations of 18 March 2004.

June 1919, no. 341 Coll. and n., and of 24 September. October 1919, no. 570 Coll.

and n.



(2) the imposition of the administrative courts, the official note to the draft of the land Office

in the books of the public.



section 20



(1) the costs associated with permanent supervision and with the official administration, affecting

the person managing the disk property, has the monetary benefits

the official administrator in the case of section 12, no 6.



(2) the costs these shall assess the land authority and enforced is political or

judicial execution.



section 21



Land Office oversees, would properly have been adjusted wage and working conditions

agricultural and forest workers seized assets and secured were

their termination benefits sickness, invalidity and old age as under special

laws issued to it, as well as by special conventions between workers and

to the employer. This supervision is not in any way affect the jurisdiction of the other

authorities to settle wage and labour disputes between employees and

to the employer. As well, the Office oversees land that was done

improvement of the benefits pensistů of seized property, proportional to its profitability.

When engrossed in official managing assets, pays about editing relationships

employee and benefit provisions of § 17 pensistův, para. 2.



section 22



(1) because it fulfils the obligations imposed by this Act, must not be

a staff member from the service on the disk property transferred or released, or

from the secured route neb increase their enjoyments. If it considers

an employee, for that reason, was exiled in the procedure,

omitted or truncated on their benefits, has the right to stěžovati with

suspensive effect to 14 dnův for political office and stool of a stamp.

simple administration. The Office shall decide, vyšetře thing and vyslechna both sides. From

the decision of the Office can be odvolati both parties to 14 from dnův

delivery to a superior political authority, which decides finally.



(2) the same protection it is for those employees who acted in the spirit of

This Act, before work began.



Article 23 of the



If he is an employee on the disk property, responsible for the

management, gross neglect of duty sound management, or

He joins the provisions of this Act, the land Office uložiti

the employer would be the service of the Untied under the consequences of § 12 of this

the law. This command applies to the Office of the land as a legitimate reason to

the service might be terminated prematurely.



section 24



(1) where on the disk or part of the assets managed by persons in the

as a result, the ratio of the pachtovního is obliged to sharecropper, to whom the lease ran out and

has not been extended, or whose lease was terminated prematurely, přenechati

a general price propachtovateli (the owner, user, the official Administration) to the

When asked, the land Office for the propachtovaném property of the custom live and

dead device, if it has no need for its own economy

or for the economy of the newly spachtované. The invitation must stand

not later than one month before the end of the pachtovního ratio. Prompting

It is for the Office of the land farmers the right to complaints within 14 days to

the District Court in whose area the greater part of the neb's assets. Court

shall hear the parties, and if necessary the expert shall decide on complaints procedure

an uncontested. The decision of the District Court is final.



(2) on arriving at a device inventory, and unless otherwise agreed by the parties

on the price, examined general price's at the request of one of the parties to the judicial

an estimate in an uncontested control.



(3) the Court of the spending estimate stihají both parties each one half,

If the price offered by propachtovatelem farmers equal to or greater than

an estimate of the Court, in other cases, prosecuting the spending estimate

propachtovatele.



§ 25



(1) Whoever, acting against the law, prevents or delays the performance

the supervisory services, or mixed into the official power of the official administrator, or

knowingly incorrectly or incompletely answered questions of the supervisory official, or

does not measure imposed by the political authority and will be punished.

stool fine to 50,000 to cash or the penalty of prison into one

of the month.



(2) the award of a penalty allowed the complaint is with suspensive effect within 14

days to a superior political authority, which decides finally.



(3) These provisions shall not in any way criminal obmezeno prosecutions

people, provinivších is under general criminal zákonníka.



section 26



If the action or decision within the meaning of this Act, the peripheral

Office, or the Commission, the authority, the land of the complaint to the

the neb decision measures,-the provisions of § 8, paragraph 1. 2. the law of

on June 11, 1919, no. 330 Coll. and n.



section 27 of the



The validity of the rules of the regulation shall cease from 31 March. January 1918, no. 37 l.

from., government regulation in the Czech Republic of 18 November. June 1919, no.

341 Coll. and n., and of 24 September. October 1919, no. 570 Coll. and n., if

contrary to this Act.



section 28



This Act shall take effect on the date of publication.



In one case this law belongs to all Ministry.



T. g. Masaryk in r.



The Austrian reichsrat in r.



Raja v r.



Dr. Winter in r.



Thomas s in r.



K v r.



Dr. Edvard Beneš in r.



Habrman in r.



Dr. Franke in r.



Staněk v. r.



Hampl in r.



Dr. Heidler in the r.



The powder in the r.



Dr. Jolly v. r.,



as Minister of Justice and the Minister on behalf of the absent for

the unification of legislation and organization of the Administration in the Czechoslovak

Republic.



Houdek, in r.



as Minister for supply to people and on behalf of the Minister who is absent

public official. health and physical education.