108/1950.
LAW
of 13 October. July 1950, which amends and supplements the provisions on
the nationalization of some businesses in the food industry.
Change: 455/1991 Coll.
The National Assembly of the Republic passed on this
the Act:
Article. (I).
Decree of the President of the Republic No. 101/1945 Coll., on nationalisation of some of the
enterprises of the food industry, as amended by Act No. 115/1948 Coll.
the nationalization of other industrial and other production enterprises and establishments in
the scope of the food and the regulation of certain ratios of nationalised and
national companies of this branch, shall be amended and supplemented as follows:
1. section 1 (1). 3 (b). a) is added:
"and to undertakings) are the property of the communities of income and
economic, established under law No. 70/1873.,
the communities of income and economic, in Slovakia, in the ownership of the
cooperatives established under § § 223 et seq.. Cust. article. XXXVII/1875, about
commercial law, and are directly operated by them, with the exception of enterprises,
designated by the Minister of nutrition, in agreement with the Central Council of trade unions, the Central
the Council of the farmers in the Czech Republic and the Central Council of cooperatives; ".
2. section 1 (1). 4 is added:
"(4) the conditions are fulfilled for nationalization pursuant to this
the Decree, decisions of the Minister of nutrition. "
3. paragraph 3 is deleted.
4. in section 4, took advantage of the new Section 4a, worded as follows:
"§ 4a
If the scope of the Minister of nutrition to the assets nationalised by
This Decree shall not apply to the establishment of a national company or to the inclusion of
Enterprise, or if such things will not be entrusted to a management
authorities in the field of nutrition, the Minister may remit such property in the
in agreement with the Minister of finance and Minister of převésti in another jurisdiction
This Minister, he has taken in its own scope
the scope of the, or it may přenechati municipal undertakings or for the
compensation determined under section 7 of the přenechati to other legal persons. "
5. section 5 is added:
"§ 5
(1) national enterprise, which integrates the assets of nationalized
the undertaking shall enter on the day of taking over in its commitments. Be incorporated if the property
several national companies, shall designate the Minister of nutrition, to which commitments
Enter the individual national companies.
(2) the Minister shall determine, in agreement with the nutrition of the Minister of finance that the obligations
the company shall pass the conferring of nationalised assets nationalised
business administration authorities in the field of its competence, and that the date of receipt
asset.
(3) national enterprise, which incorporates the property nationalized under § 4
paragraph. 3 (a). 4 (b). (b)), which had belonged to someone other than the owner of the
the undertaking shall enter into obligations arising from the rights of váznoucích on this
the property, to the extent and under the conditions that the Government Regulation. In
This regulation will also be modified to move such obligations if
assets entrusted to the management authorities in the field of competence of the Minister of nutrition
or under Section 4a of the transferred to the jurisdiction of another Minister or left
municipal companies or other legal persons.
(4) the Minister of nutrition may in agreement with the responsible Minister and
Minister of finance to do the transition measures obligations belonging to
znárodněnému assets that have been transferred under Section 4a of the responsibility of another
Minister or simply komunálnímu to an undertaking or other legal person.
(5) the obligations of the undertaking do not belong to the nationalised undertakings, pursuant to which the
the property of that undertaking or its part of the cross after the date of the beginning of the effectiveness
This decree to the third person. For the obligations of the company is nationalized
as well as personal taxes, levies and charges the former owner;
such commitments do not cross with the property that has been incorporated into national
the enterprise or administrative authorities entrusted in accordance with paragraph 2, or with whom it was
made or which has been transferred under Section 4a, or for
satisfy them of the assets of nationalized business. Personal taxes and benefits
means the tax allowance, pension, war tax rentová directly
levied, property tax pursuant to Decree-Law No 410/1942 Coll.
property benefits under law No 134/1946 Coll., on dose of securities
increment and a levy on property, and extraordinary benefits under law No.
185/1946 Coll., on an exceptional and extraordinary single dose dose of
excessive additions to property, as amended by Act No. 180/1948 Coll. Way
payment of personal taxes and benefits provides for the Ministry of finance
the decree in the Official Gazette.
(6) for liabilities that are economically unjustified, figuring in it
obligations of the service contracts, guaranteeing employees a disproportionately high
salaries, provident benefits, surrender and, may the national enterprise
domáhati revocation or other reasonable accommodation. If there is no agreement about it,
the arbitral tribunal shall decide according to the rules about how issued. The provisions of sentences
the first and second also shall apply mutatis mutandis, with respect to the obligations that are transferred to
conferring of nationalised assets to the management of the authorities referred to in paragraph 2, or
that are transferred in accordance with paragraph 4.
(7) if the measure to the administration of the assets of nationalized confers on the
authorities in the field of competence of the Minister or another Minister of nutrition,
It does nothing else, will not be liable for the obligations of the State nationalised the company nor
When it comes to modify obligations pursuant to § 5a. "
6. Section 5a paragraph 2. 1 reads as follows:
"(1) if the assets of the nationalised company on the date of the takeover of overindebted, the
National Enterprise požádati Court to the above General asset prices
předluženého assets of the undertaking on the date of the takeover of the satisfaction of the modified commitments
belonging to this property and determine their maturity, přihlížeje to
the economic possibilities of the national company. This applies mutatis mutandis to
municipal company or other legal entity, to whom the assets were
nationalised the company transferred pursuant to § 4a. "
7. Section 5a paragraph 2. 3 (b). a) is added:
"and remain intact) liabilities arising from claims of creditors of the
the exclusion of things out of proportion to the assets, if such claims did not crumble
the nationalization; ".
8. Section 5a paragraph 2. 3 (b). (c)):
"(c)) other Payables, which in turn owned by them [(a). (d))]
will not be fully covered by the difference between the general price of assets nationalised
the company and the value of the obligations under the provisions of subparagraph (a). a) and b)
remain untouched, quite satisfied. For such commitments
consider also the undertakings referred to in (b). (b)), if they are not covered
manner there specified; ".
9. the title of section II shall be deleted.
10. section 7 reads as follows:
"section 7 of the
The provisions of § § 7 to 11 and sections 37, 38, 40, 41 and 43 to § § 47 of the Decree No.
100/1945 Coll., as amended by law to changing and supplementing pay
mutatis mutandis to the case provided for in this Decree, where according to the
the provisions just referred to is determined by the scope of the Minister of industry
It is for such an application to the Minister of nutrition. "
11. articles 8 to 11 shall be deleted.
Article. II.
Article. (I) Act No. 115/1948 Coll., shall be amended and supplemented as follows:
1. section 1 (1). 2 (a). a) is added:
"and, the undertakings and establishments) that are the property of the communities
income and economic, established under Act No. 70/1873.,
the communities of income and economic, in Slovakia, in the ownership of the
cooperatives established under § § 223 et seq.. Cust. article. XXXVII/1875, about
commercial law, and are directly operated by them, with the exception of enterprises and
establishments referred to in paragraph 1 No. 1 and 2, and enterprises and establishments designated by the
Minister of nutrition, in agreement with the Central Council of trade unions, the Central Council
farmers in the Czech Republic and the Central Council of cooperatives; ".
2. section 1 (1). 3 read as follows:
"(3) that the conditions are met for the nationalization by art. I,
shall be decided by the Minister of nutrition. "
3. paragraph 3 is added:
"§ 3
If the conditions for the nationalization of the property referred to in paragraph 1 after day 1. January
1948 or determine if the Minister for nutrition after that date, that of the property which is
refers to the provisions of § 1 (1). 2 (a). the exemption does not apply), from nationalization,
nationalizing such assets on the date designated by the Minister of nutrition; the time limit for
submission of the report pursuant to § 2 (2). 1 shall start in these cases, the date on which
meet the conditions for nationalization. Otherwise, the provisions of § 2 adequately. "
4. section 4 reads as follows:
"§ 4
Zakládati new businesses and do regardless of their range in the
nationalised industries pursuant to § 1 (1). 1 No 1 to 4, 6 to 8, 11, 12 and 19
is reserved to the State. On the proposal of the Minister of nutrition, the Government may this right
make out. "
5. section 5 is added:
"§ 5
If the scope of the Minister of nutrition to the assets nationalised by
article. (I) does not apply to the establishment of a national company or incorporation into the
the national enterprise, or if such things will not be entrusted to a management
authorities in the field of nutrition, the Minister may remit such property in the
in agreement with the Minister of finance and Minister of převésti in another jurisdiction
This Minister, he has taken in its own scope
the scope of the, or it may přenechati municipal undertakings or for the
compensation determined in accordance with § 6 to přenechati other legal persons. "
6. paragraph 6 is added:
"section 6
For nationalization under the preceding provisions, and for the consequences and
the measures resulting from the provisions of §§ 4, 5 and 5a of Decree No.
101/1945 Coll., as amended by law to changing and supplementing them. Similarly,
apply the provisions of §§ 37, 38, 40, 41 and 43 to 47 of the Decree No. 100/1945
SB in the wording of the rules to changing and supplementing, as well as the provisions of
article. I, sections 5 and 6 of Act No. 114/1948 Coll., on the nationalization of some of the other
industrial and other enterprises and establishments and to modify certain ratios
nationalised and State enterprises, in the text of the article. (II) Act No. 106/1950
Coll., where under the said provisions is determined by the scope of the
It is for the Minister of industry, the scope of the Minister of nutrition. "
Article. III.
The Government adjusts the regulation of work and pay conditions, as well as other pensijní
security staff, who by the date of the incorporation of nationalized enterprise in
It did so in the service pragmatikálním or a regulated service.
Article. IV.
Minister of nutrition and in the statute book will announce the full text of the Decree No.
101/1945 Coll., as follows from amended.
Article. In the.
(1) measures taken in conformity with the provisions of this Act before the date of
the beginning of its activity shall be deemed to be the date of the measures taken pursuant to
of this Act.
(2) the provisions of article. The No. 1 and 3 to 8, as well as the provisions of article. (III) shall take
effective on 27. October 1945, the provisions of article. (II) on 1 January 2000. January 1948 and
the other provisions of this Act on 1 January 1998. July 1950.
(3) this Act shall carry out food and Finance Ministers, in agreement with the
the participating members of the Government.
Gottwald in the r.
Dr. John v. r.
Zápotocký in r.
Kabeš in r.
Ing. Jankovcová in r.
