185/1948 Coll.
Law
of 19 December 2003. July 1948
on the nationalization of treatment and care institutions, and on the Organization of the State
inpatient health care
Change: 103/1951 Coll.
The National Assembly of the Republic passed on this
the Act:
PART I
The nationalization of the health and care institutes
§ 1
Treatment and treatment of the Constitution, under this Act, means the
health care facilities, which provides persons sick or on
health at risk of institutional care performed by a doctor or under his supervision
professionally trained auxiliary forces and záležející in the investigations, the treatment of
and treatment.
§ 2
(1) The ownership of the State passes on 1 January 2000. January 1949 all assets
that is used or is intended to operate medical and care institutions
with the exception of the assets of holders of public social insurance.
(2) assets used or intended for the operation of medical and treatment
the institutes, which is part of the property for the essence of State enterprises, cut
the competent Minister in agreement with the Ministers of health and finance from
the estate of these enterprises and the Minister of health it
This property, the inclusion of relevant institutions in the Organization of institutions
State (§ 9).
(3) the Ministry of health will announce with effect delivery in Official
sheet, which the Constitution and which assets were, when this Act.
(4) transfer of immovable property and rights to the Czechoslovak State Library
(State Health Administration) shall be entered in the public library of books on the courts
the proposal of the Ministry of health with reference to this law.
§ 3
(1) the State shall enter the date of nationalization of assets in accounts payable to him
belonging. To the obligations under which the estate or operating
the device of our nationalized assets cross after the date of the beginning of the effectiveness of this
the law on the third person, the State does not enter. For the obligations pertaining to the
zestátněnému assets are not personal taxes, levies and charges
the former owner of the estate, and the countries ' nationalised or State for them
will not be liable. Personal taxes and benefits means, in particular, tax, pension,
post war, the tax levied directly rentová, property tax pursuant to
Decree of 16 January 1996. in December 1942, no. 410 Coll., on income tax from
assets, property benefits under the law of 15 June 2004. in May 1946, no. 134
Coll. on the dose of securities gain and a dose of the property, and the extraordinary
benefits under the law of 31 July. October 1947, no. 185, Coll., on extraordinary
a single dose and dose of extraordinary excess of additions to property.
Method of payment of personal taxes and benefits provides for the Ministry of finance
the decree in the Official Gazette.
(2) for liabilities that are economically unjustified, figuring in it
obligations of the service contracts, guaranteeing workers disproportionately
high salaries, provident benefits, surrender or below, you may find
domáhati revocation or other reasonable accommodation. If there is no agreement about it
the arbitral tribunal shall decide in accordance with established law of 21 March. November 1946
# 228, Coll., on arbitration courts to modify some of the commitments of the national
enterprises.
§ 4
(1) if the zestátněný property on the date of nationalization of overindebted, the State
health management požádati Court to the above General asset prices
předluženého assets at the date of nationalization edited by satisfaction of liabilities,
belonging to this property, and determine their maturity.
(2) creditors are required to, at the invitation of the Court announced 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 it fails, so their claims against the State.
(3) the adjustment referred to in paragraph 1 shall be carried out as follows:
and remain intact) liabilities arising from claims of creditors of the
the exclusion of the very nature of our nationalized assets, if such claims
After nationalization did not crumble;
(b)) remain unaffected by whether or not the commitments arising from the claims of creditors,
having a right to separate satisfaction of certain things, if they are covered by
its value;
(c)) other Payables, which in turn owned by them [d])
will not be fully covered by the difference between the general price of our nationalized assets
the property and the value of the obligations under the provisions of subparagraph (a). a) and b)
will remain intact, to satisfy a relatively. For such commitments
consider also the undertakings referred to in (b). (b)), if they are not covered
way there referred to;
(d)) the obligations which are subject to the provisions of subparagraph (a). (c)), are to be classified according to
the order of the four classes. To the first class belong to the costs of the proceedings, to the second to
the fourth class belong the commitments according to the equivalent of bankruptcy proceedings
belong to the first through third grade. Obligations of the same class have between them
the same order.
(4) if the obligations under the order it will not be met them
by modifying the provided for in paragraph 3, does not act against the State. Modifying the obligations under
paragraph 3 of the Act only against the State.
(5) a Law will be issued detailed rules on the jurisdiction of the Court,
proceedings referred to in the preceding paragraphs, about its effects on the limitation
claims, disputes, enforcement and bankruptcy proceedings and the right to
separate satisfaction and on the way to finding the claims of creditors.
§ 5
(1) the State may act odporovati, which he did after 27. October
the owner of the assets of our nationalized in 1945 intends to poškoditi or ztížiti
nationalization or dragging in your or someone else's benefit property values.
(2) Odporovati can be used within two years from the nationalization of assets. Otherwise, it applies
apply the provisions of odpůrčího of the order, issued by the law of 27 April 2001. March
1931, no. 64 Coll., which shall be issued on the orders of the bankruptcy, compensation and
the action.
(3) the legal negotiations on the transfer of assets, which would be covered by this
law, or on the transfer of equity participation in companies whose
assets are zestátňuje under this law, if it was closed for 6 months
before the date of the publication of this law, shall be valid only if it is
the Ministry of health. Approval should be to insist until 31 December 2006. March
1949, otherwise, it is considered that approval is granted.
§ 6
(1) the assets of the zestátněný under this Act, with the exception of the assets
the people's administration, asset volumes used the operation of existing public
hospitals operated under the law of 5 March 2002. March 1888, no 19
č.z.z., adjusting the legal relations of v.v. hospitals in the Czech Republic, or
operation of the General Hospital in Prague, compensation in the amount of General
the price of the asset. The price shall be deducted from the aid granted to the owner of the
or operator or their legal predecessors from public
funds or resources of the holders of public social
insurance on a building-building and investment. The Ministry of
health may decide that from the General pricing subtracts the value
gifts and bequests, provided by the owner or operator, or their
legal precedents in favor of our nationalized institution. In the case of
the refund provisions of § § 7 to 11 of the Decree of the President of the Republic of
24 September. October 1945, no. 100, Coll., on the nationalization of the mines, and some
industrial enterprises, as amended by Act of 28 June. April 1948, no. 114 Sb.
(hereinafter the "Decree").
(2) the Fund shall reimburse the State nationalised economy, the costs associated with
by providing compensation for the estate registries under this
the law, according to the plan, which will be agreed by Ministers for health and
finances.
(3) for the property referred to in § 2, para. 2 the national undertaking replacement
does not provide.
§ 7
(1) employees zestátněných institutes are switching the date of nationalization to
the services of the State and, under the applicable laws of the State
employees; the inclusion of the Ministry of health will carry out in agreement with the
the ministries of Interior and finance.
(2) the Government shall issue the Regulation provisions concerning the evaluation of the previous staff
activities of employees taken over by the State, can plays
derogations from the provisions of paragraph 1, until the implementation of the general salary adjustment
employees of the State of treatment and treatment institutions.
PART II
The inclusion of zestátněných and confiscated institutes and organization of the State
inpatient health care
§ 8
cancelled
§ 9
cancelled
§ 10
cancelled
§ 11
cancelled
§ 12
cancelled
section 13 of the
cancelled
PART III
Final provisions
§ 14
Legal proceedings, documents and official acts, which should be to perform
Part I and to modify the Organization of institutions provided for in part II, shall be exempt from
taxes, fees and charges for its official acts in administrative matters.
§ 15
Negotiations with the příčící the provisions of this Act or the regulations under it
issued by the District National Committee punished, unless the act more strictly criminal,
a fine to 100,000 Czech crowns or punishment on freedom within one year. At the same time
with the fine shall be determined in case the impregnable substitute imprisonment
According to the degree of fault within one year. If the amount of the two penalties at the same time,
not imprisonment along with alternate penalty on freedom of přesahovati
period of one year.
section 16 of the
The interim administration zestátněných and confiscated medical and treatment
institutions shall apply mutatis mutandis the provisions of articles 12 and 13 of Act No. 125/1948 Coll.
§ 17
Until such time as the effectiveness of the law, predicted the provisions of § 176, para. 3
the Constitution of the Czechoslovak Republic, it is for the scope, reserved this
by law, the regional national committees, national committees on the Earth
Slovakia pověřenectvu health care.
section 18
(1) the provisions of this Act, with the exception of part II shall apply to
military medical and care of the Constitution; the scope, which according to the provisions of
Part I, it is for the Minister of (Ministry of) health care is a matter for
military medical and care institutions the Minister of (Ministry)
National Defense.
(2) the Organization, management and operation of the military medical and treatment
the institutes are governed by specific provisions.
(3) the Military Medical and care institutions provide institutional care
even persons not covered by the military hospital treatment. Persons
subject to military sick care can be provided in institutional care
in the civilian public health and treatment institutions. Scope and payment
institutional care provided under this paragraph provides for the Ministry of
health in consultation with the ministries of national defense, social welfare and
finances. The nature and extent of this care is subject exclusively to the health
the treated person; It is therefore prohibited to persons treated in rozdělovati
the so-called. classes or to provide priority care according to the amount of remuneration.
§ 19
Validity is hereby repealed, after the case of použivatelnost, all provisions that
contrary to this Act.
section 20
The provisions of this law shall also apply to cases of nationalization of the health and
treatment institutions, carried out under other rules 1. January 1948.
section 21
This Act shall take effect on the date of the notice; It shall be carried out by the Ministers
health, social care, national defense, Interior and finance, in agreement
with the participating members of the Government.
Gottwald v.r.
Dr. John v.r.
Zápotocký v.r.
Nosek v.r.
also Minister of arm. Gen.
Dr. Dolansky v.r.
Kliment v.r.
for Minister Erban
Plojhar v.r.
