On The Nationalization Of Printing Enterprises

Original Language Title: o znárodnění polygrafických podniků

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=17367&nr=123~2F1948~20Sb.&ft=txt

123/1948 Coll.



Law



of 5 December. May 1948



on the nationalization of the polygraphic enterprises.



Change: 86/1950 Coll.



Change: 105/1990 Coll.



The constituent National Assembly of the Czechoslovak Republic decided on

This Act:



SECTION I.



The range of the nationalization.



§ 1



(1) on 1 January 2005. January 1948 was znárodňují by nationalizing businesses and factories,

that way, the mechanical or chemical manufacture or reproduce

publications and forms, as well as the font companies, with all the races

auxiliary and relatives. Znárodňují, in particular:



1. the printers and graphics plants equipped with a rotary engine of any

the species;



2. a printer and graphics plants equipped with at least three machine sázecími and

licími (Monotypes);



3. graphic enterprises (races) equipped with at least two offsetovými or

hlubotiskovými machine;



4. all the font companies;



5. all other printing businesses, if not already nationalized

under other legislation for nationalisation or by such

the provisions of the nationalization of the excluded, if the number of employees and persons in

company law has reached at any time from the 1. January, 1946 50 persons. When

the discovery of this number is decided by the total of all persons operating or

employed in the company, regardless of where they work or who have worked,

in particular also the homeworkers.



(2) the provisions of paragraph 1 shall not apply to the assets of the State and of the national

undertakings or to undertakings (races), that the Minister of information in agreement with the

Minister of finance, Slovakia also after hearing the competent officials,

excluded from the nationalization and their owners (operators) require that

have been permanently stopped, because the Government decided that their operation

It is not in the public interest.



(3) the Minister of information, after hearing of the relevant trustee,

announce with effect in the Official Gazette, which firms (establishments) were

nationalized under this Act.



§ 2



(1) persons who are required to lead the management of nationalized so far

assets (§ 11), submit information to the Ministry of information, the model

the Minister shall publish the information in the Official Gazette. This message is it to

15 days from the date of publication of the design. In the proceedings must spolupůsobiti whether or not the person

to do so will be invited by the Ministry of information. Information has to be

signed by the Council, as well as racing or racing confidant; If the reporting

the owner or keeper does not serve former properties nationalized assets is

required to připojiti to report their observations.



(2) the former owners or holders of the companies nationalised under section 1 and

other persons are obliged to spolupůsobiti when compiling financial statements

for the period to the nationalization, will be invited.



§ 3



cancelled



§ 4



The law of zakládati new businesses and do regardless of their

the range in the znárodněném according to § 1, para. 1 is reserved for the State.



§ 5



(1) the State's ownership of nationalized property takes.



(2) Nationalization concerns



and real estate, buildings), equipment,



(b)) of the company (the race) in figuring it all chattel and

rights (licenses, trade privileges, stamps, samples, etc.), bills of Exchange,

securities passbook, cash and receivables,



(c) the chattels and rights) of others, than are the accessories business.



(3) the property referred to in paragraph 2, the nationalization of the concerns, is used to or

If the intended operation of the nationalized undertaking, even if it belongs to someone else

than the owner of the company. Patents and, in particular, stocks of raw materials, auxiliary and

provozovacích materials, semi-finished products, semi-finished and finished products

the nationalization affects only, if the owner or operator of the nationalized

of the undertaking.



(4) together with the undertaking of the znárodňují to the extent arising out of the provisions of the

paragraphs 2 and 3:



and) all manufacturing companies and factories belonging to the owner or

the operators of the nationalized undertaking,



(b)) all the undertakings and establishments that make up the enterprise znárodněným

the marketing unit, even if it belongs to someone other than the owner of the

nationalized business.



(5) the provisions of paragraphs 1 to 4 do not apply to publishing,

publishing and bookshop businesses of the political parties represented in the

The National Assembly, the single trade union organisations and the national

interest organisací.



(6) Belongs to nationalized Enterprise limited partnerships on shares,

public limited-liability company, limited company obmezeným, nationalizing the

all of their assets, as well as other businesses in the same range,

where they belong to more than half of the share capital or to

which have a decisive influence.



(7) the Minister of information, after hearing of the relevant trustee,

may vyjmouti of the nationalization of the individual pieces of property, property

files or rights, if it is not strictly necessary to the operation of the

nationalized or national company and ponechati is created

the owner, which can at the same time uložiti conditions, in particular, that in the period

at the same time he set set up in favor of the nationalized Enterprise

servitude or exploitation right.



(8) the extent of nationalization in accordance with paragraphs 2 to 4 and 6 shall be decided by the Minister of

the information in the Slovak Republic after hearing of the relevant trustee. For the management of

ascertain the extent of the nationalization decree-law does not apply the provisions of

January 13, 1928, no. 8 on the proceedings in matters belonging to the scope of the

political offices (administrative proceedings).



§ 6



(1) national enterprise (sections 10 and 11), which incorporates the property

the essence of the nationalized undertaking shall enter on the day of its receipt in the commitments

nationalized business. Into commitments, under which property has the essence of the

or operational facilities nationalized Enterprise cross after the date of the beginning of

the effectiveness of this Act to a third person, does not enter into the national enterprise

that was the essence of the device or incorporated. For the obligations of

nationalized business not personal taxes, levies and charges

the former owner of the property and the essence of the nationalized undertaking nor

National Enterprise, in which it will be incorporated under them. Personal taxes

and benefits means tax income, war, tax contribution rentová

directly levied from property tax, according to a government regulation of 16 December.

in December 1942, no. 410 of the asset, property tax benefits under the

the law of 15 December 1999. in May 1946, no. 134 on a batch of securities

increment and batch of assets, and the extraordinary benefits under the law of

October 31, 1947, no 185 of the extraordinary and the extraordinary one-time dose

the dose of excessive additions to the property. Method of payment of such personal

taxes and charges the Minister of Finance shall lay down by Decree in the Official Gazette.

Incorporated to the substance of property into several national companies, shall designate the

Minister of information, after hearing of the relevant trustee,

at the same time with the measures referred to in section 10, in which the commitment enters an individual

national enterprise. Minister of information shall determine in agreement with the Minister

of finance, Slovakia also after hearing the competent authorising officers, to which

the obligations belonging to other than the znárodněným property podstatám,

incorporated under section 10, shall enter national enterprise; for those belonging to the

undertaking or establishment, which belongs to the State, not the obligation,

arising from the provision of funds to the State, if you exceed the

the balance sheet value of an asset other than investment.



(2) in the case of commitments, which are economically unjustified, figuring in it

obligations of the service contracts, guaranteeing workers disproportionately

high salaries, provident benefits, surrender and the like, the national

company domáhati cancellation or other reasonable accommodation. In the absence of the

the agreement, the arbitral tribunal shall decide in accordance with the law, established 21 March.

November 1946, no. 228, Coll., on arbitration courts to modify some

the obligations of national enterprises.



(3) the liabilities of the firm or other included properties nationalized property

elements (section 10) the State does not guarantee, nor when it comes to modify obligations under section 7.



section 7 of the



(1) if they are nationalized enterprise or other property incorporated the essence of the

the date of the takeover of the předluženy, the national enterprise požádati Court to the above

General předluženého asset prices heavily indebted to the undertaking or the substance of the day

the takeover of liabilities, the satisfying edited belonging to the company or to the

This essence, and determine their maturity, přihlížeje to the economic

the possibilities of the national enterprise.



(2) creditors are required to, at the invitation of the Court decree in the Official Gazette in the

the time limit laid down by the Court of přihlásiti their claims to control of the proposal referred to in

paragraph 1; If they do so, their claims against the national enterprise

cease to exist.



(3) the adjustment referred to in paragraph 1 shall be as follows:



and remain untouched) the obligations arising from the claims of creditors of the

the exclusion of things inherently nationalized company or other incorporated

the estate, if such claims nezanikly's;



(b)) remain intact whether or not commitments resulting from claims by creditors,

having a right to separate satisfaction of certain things, if you are covered

the value of this stuff;



(c)) other Payables, which in turn owned them [(b), (d))]

will not be fully covered by the difference between the general price of assets nationalized

company or other incorporated the estate and the value of liabilities,

that under the provisions of subparagraph (a). and (b))) will remain intact, to satisfy
fairly. For such obligations are also the obligations referred to under

(a). (b)), that are not covered in the manner indicated there;



(d)) the commitments which are subject to the provisions of subparagraph (a). (c)), shall be classified in accordance with

the order in four classes. To the first class belong to the costs of the proceedings, to the second to

the fourth class belong the commitments by unprecedented bankruptcy

belong to the first until third grade. Obligations of the same class have among themselves

the same order.



(4) If the obligations referred to in the order it will not be met them

adjustment in accordance with paragraph 3, are not against the national undertaking. Edit

the obligations referred to in paragraph 3 of the Act only against the national undertaking.



(5) a Law will be issued detailed rules on the jurisdiction of the Court, on the

proceedings referred to in the preceding paragraphs, about its effects on the limitation

claims, disputes, on the enforcement and bankruptcy proceedings and on the right to

separate satisfaction and how, how are the claims of the creditors.



§ 8



(1) national enterprise can odporovati legal acts performed

the owner of the property nationalized under this Act after the 27. October 1945

intention to poškoditi or ztížiti or dragging their nationalized or foreign

benefit of property values.



(2) Odporovati can be used within two years from the date of publication of the Decree, which is about

znárodněném property takes measures pursuant to section 10. Otherwise, shall apply mutatis mutandis

the provisions of the law of 27 April 2001. in March 1931, no. 64, Coll., which shall be issued

procedure of bankruptcy, composition and avoidance.



(3) a legal hearing on the transfer of undertakings, on which it would apply

the provisions of this Act, or on the transfer of equity participation in the

companies whose businesses are znárodňují under this Act, if

was concluded in the time of two months before the date of nationalization, are valid

only, if it is approved by the Ministry of information.



SECTION II.



Replacement.



§ 9



(1) unless otherwise provided, the responsibility for property nationalized by the

This Act a refund; it applies the provisions of sections 7 to 11 of the Decree

the President of the Republic of 24 April. October 1945, no. 100 on the nationalization of the

down and certain industrial undertakings, as amended by the Act of 28 June. April

1948, no. 114 on the nationalization of some of the other industrial and other

enterprises and establishments and to modify certain ratios of nationalised and national

enterprises (hereinafter the "Decree") and article III of the Act. No 114/1948 Coll.



(2) Compensation shall not be granted for property nationalized under section I, which

the date of nationalization just belonged or belongs to the persons fysickým, which

have been or will be legally bound by the courts for the crime or offense

committed to the date of nationalization:



and after 5). May 1945 under the Act of 19 December 2003. in March 1923, no. 50, on Sb.

protection of the Republic, in the text of the provisions it changing and complementary, or



(b)), pursuant to section 43 of the Decree, or



(c)) under the law of 13 July 2005. in February 1947, no. 15 of Coll. on the prosecution of black

trade and similar shenanigans, or



(d)) under the law of 13 July 2005. in February 1947, no. 27 on the criminal protection of the

the implementation of the two-year economic plan, or



e) according to the law of 18 April. in July 1946, no. 165 of the criminal protection of the

national companies, nationalized businesses and enterprises under national administration.



(3) on the application of the relevant securities, the value of the nationalized

property, for which compensation is provided to the persons referred to in paragraph 2,

shall apply mutatis mutandis the provisions of § 5, para. 2, no 2, of the Act of 11 June 2002. March

1948, no. 51, Coll., on certain financial ratios of the national enterprises

industrial and food.



SECTION III.



Organization of nationalized business.



§ 10



(1) the elements of the property nationalized businesses, from property elements

acquired by the State the confiscation or other means, of the enterprises and establishments,

that belongs to the State, from the other assets of the State, as well as from the funds

The Fund will establish a nationalized economy, Minister of information in agreement with the

Minister of finance, Slovakia also after hearing the competent officials,

national enterprises, or is incorporated into the national enterprise.



(2) the Minister may, in agreement with the Minister of finance, Slovakia

After hearing the competent officials from the national business vyjmouti

individual pieces of property and rights, do not need to have the national enterprises

essential to its operation and přenechati is in agreement with the factually competent

the Minister for integration in enterprises, institutions or establishments that

the Minister belongs to zřizovati.



(3) the measures provided for in paragraph 1, if the material nature of the

According to the Decree of the President of the Republic of konfiskovanou of 25 June. October 1945,

No. 108 on the confiscation of enemy property and Funds of the national

recovery, as well as regarding the estate, managed according to § 16

the law of 16 June. in May 1946, no. 128 on invalidity of some

related legal acts from the time of oppression and of the claims from this

invalidity and other interventions in asset vzcházejících, after hearing

the Office of the President of the osidlovacího.



(4) the scope of property elements, covered by the measures referred to in

paragraph 3 shall be determined by the Ministry of information in agreement with the osidlovacím authority and the

The Fund of national reconstruction, Slovakia also after hearing the competent

trustee, mutatis mutandis, in accordance with the provisions applicable for the allocation of konfiskovaného

the asset.



(5) the establishment of the national company shall be published in the Official Gazette.



§ 11



(1) of the interim administration and management of the Affairs of nationalized enterprises,

as well as on the legal status and organization of the national enterprises

exemption from taxes and charges on payment for confiscated property

nature, shall apply mutatis mutandis to the provisions of sections 13, 15 to 38, 40 to 42 of the decree with

There, where the scope of the Minister appointed by Decree of the developing

the industry, after the case of State for trade and industry, this

scope in scope under this Act, the Minister of information,

case factually competent pověřencům.



(2) For national enterprises, established by this law, shall apply mutatis mutandis

the provisions of Act No. 51/1948 Coll., if the Government does not provide for regulation

derogations for the special nature of the polygraphic enterprises; factually competent

under this provision the Minister is the Minister of information.



(3) the Government may by regulation upraviti organization of national enterprises

polygraphic notwithstanding the legal provisions referred to in paragraph 1.



§ 12



The Government may, in the interest of publishing and publishing activities undisturbed

political parties represented in the National Assembly, the single

the trade union organisations or national interest organisací upraviti

Organization of enterprises and factories nationalized under this Act, as well as

Basically, acquired by the State or in any other way, the confiscation of other property

State or property covered by the Fund properties nationalized

the economy, even in a form other than those specified in §§ 10 and 11 if the

It will not affect the ownership of the State to the znárodněnému property.

The details, the Government may by regulation upraviti.



SECTION IV.



The criminal provisions.



section 13



cancelled



§ 14



cancelled



§ 15



cancelled



section 16 of the



cancelled



§ 17



cancelled



IN THE SECTION.



The effectiveness and implementation.



section 18



This law shall enter into force on 1 January 2005. January 1948; It performs the Minister

information in agreement with the participating members of the Government.



Dr. Benes v.r.



Gottwald v.r.



Kopecky v.r.