Government Decree No. 1 / 1948 Coll.
Regulation implementing certain provisions of the First Land Reform Revision Act
Valid
Effective from 09.01.1948
1.
Government Regulation
of 7 January 1948
implementing certain provisions of the First Land Reform Revision Act
The Government of the Czechoslovak Republic hereby orders, pursuant to § 2, § 3, § 8, § 9 and § 17 of the Act of 11 July 1947, No 142 Coll., on the revision of the first land reform ("the Act '):
The Revision Committee.
Composition and scope.
Composition of the review committee.
(1) The Revision Commission, set up under Paragraph 2 (3) of the Act, is to decide on proposals by the Ministry of Agriculture for revision within the limits laid down in Section 2 (2) of the Act.
(2) The Revision Committee shall meet at the Ministry of Agriculture; If the revision cases are to be decided on in Slovakia, they are usually held in Bratislava in the agriculture and land reform delegation.
(3) The Revision Commission has six members and six alternates appointed and withdrawn by the Government on a proposal from the Minister for Agriculture.
(4) Membership (replacement) is an honorary function; However, in cases of special consideration, the Ministry of Agriculture may, in agreement with the Ministry of Finance and the Supreme Accounting Audit Office, grant remuneration to members (alternates). If the member (alternate) has a proper residence outside the place where the review committee meets, or has a business trip as a member of the review committee (§ 6 (2)), it shall be entitled to reimbursement of travel expenses under the rules on compensation of travel expenses in the public service, according to the degree of travel expenses Ia. Rewards and refunds shall be granted from the replacement fund (§ 13 of the Act).
Establishment of a review committee and the promise of its members.
The Minister for Agriculture shall convene the meeting of the review committee; at this meeting, the members and their alternates shall make a promise in his or her hands that they will fulfil their duties to the best of their knowledge and conscience and follow the legal rules in their decision making.
Scope.
The Revision Commission shall act on the proposals of the Ministry of Agriculture pursuant to Articles 1, 3 and 4 to 6 of the Act on:
1. the annulment or confirmation of decisions issued by the former State Property Office (Act of 11 June 1919, No. 330 Coll., on Land Authority) or by the Ministry of Agriculture (Government Order of 25 January 1935, No. 22 Coll., on Land Office of the Czech Republic and Moravia) and its jurisdiction is directed by the Ministry of Agriculture), the former Land Office of the Czech Republic and Moravia (Government Decree of 24 April 1942, No. 241 Coll., on Land Office for the Czechs and Moravia), in Slovakia also the former State Property Office of the Czech Republic (Act of 22 February 1940, No. 45 Coll., on the State Land Administration), hereinafter referred to as "Land Office of the Land Office" - if these decisions were the Land Property Obtained under the Law of 16 April 1919, No 215 Coll., on the Obstruction of a Large Property (Act), "
(a) excluded from the enlistment pursuant to § 3 (a) of the enlistment law;
b) Released from the record according to § 11, sentence of the Second Code Act,
(c) retained pursuant to Section 20 of the Act of 30 January 1920, No. 81 Coll., which issue for reason § 10 of the Code Act provisions on the allocation of seized land and the legal relationship to the allocated land (Allocation Act),
2. the abolition, modification or confirmation of agreements negotiated by the Land Office with the owners of the property seized (§ 5, last sentence of the Act),
3. the revocation or confirmation of a decision not to apply the provisions of Section 4 of the Law of Laws to property files or to be released from the record;
4. the taking-over of agricultural and forestry undertakings or other separate economic units, created from the seized property of land, either by allocation or exchange according to the allocation law or by the purchase of land, taken under Article 7 of the Warranty Act, and, on the one hand, the purchase of land excluded under Article 3 (a) or released under Article 11 of the Warranty Act, after the land retained under Article 20 of the Allocation Act,
5. the expropriation of real estate released from the register pursuant to § 11, sentences of the First Code Act under the limits of § 2 of the Code Act (§ 1, paragraph 3 of the Act).
The review committee meeting.
(1) The meeting of the review committee shall be convened as necessary by the President (Vice-President) or within 8 days on a proposal from the Ministry of Agriculture.
(2) The date on which the meetings of the review committee will be held shall be determined by the President, who must ensure that cases falling within the scope of the commission are dealt with at the time set out in Article 6. The President shall, by registered letter, notify all members of the Commission and the Ministry of Agriculture, and, where appropriate, the delegation of agriculture and land reform, the place and date on which and where the meeting of the review committee will take place, as well as the agenda for the discussions with copies of proposals; the invitation shall be delivered not later than 3 days before the meeting; within that period, members of the review committee may consult the relevant files. The Chairman of the Review Committee shall invite representatives of the local peasant committees of those municipalities in which the property forming the subject of the revision is situated to the meeting, if they are deemed necessary to be heard. The chairman of the review committee may also invite representatives of the county peasant commission concerned, if they consider it necessary to be heard. The President shall establish the agenda and shall direct the meetings and votes of the review committee. The resolution of the review committee, duly substantiated, shall be signed by all members (alternates) of the committee and submitted by the chairman within 3 days of the date of the resolution of the panel to the Ministry of Agriculture; at the same time, the President shall send a copy of the resolution to the Agriculture and Land Reform Board, if it is a case of revision in Slovakia.
(3) A member who is unable to attend a meeting of the review committee is obliged to notify his alternate without delay and to inform the President thereof.
Providing administrative work.
The administrative work of the review committee is provided by the employees of the Ministry of Agriculture, after the responsibility for agriculture and land reform, which will also provide the necessary rooms and material aids for the review committee. A representative of the Ministry of Agriculture may also be present at the meeting, who shall report on the various proposals. Personal and material costs are paid from the replacement fund (Section 13 of the Act).
Rules of procedure.
Deciding.
(1) The Revision Commission may act in force and act if at least 3 members (alternates) are present outside the President (Vice-President). An absolute majority is needed for the resolution. However, in the event of a tie, the proposal of the Ministry of Agriculture (Section 3) shall be deemed accepted.
(2) The Revision Commission is obliged to decide on the proposals of the Ministry of Agriculture (Section 3) within 15 days of the date of receipt of these proposals to the Chairman of the Review Commission. If the review committee finds that the proposal by the Ministry of Agriculture is factually incomplete on a case-by-case basis, it may request the Ministry of Agriculture to carry out additional investigations; in this case, a new period of 10 days shall run from the date of reservice of the supplementary proposal to the President of the Commission. The request for an additional investigation cannot be repeated. The Revision Commission may, if it considers it necessary, carry out an investigation on the spot by its members themselves.
Minutes of the meeting.
A minutes shall be drawn up at the meeting of the review committee, which shall contain a precise description of the cases discussed, a brief description of the conduct of the proceedings and the outcome of the vote on each case. The minutes of each meeting shall be signed by all members (alternates) of the Committee and by the minutes.
Allocation and peasant commission.
Allocation.
Allocation control.
Land property (§ 8 (1) of the Act), which will not be retained by the State for the purposes of the general good, will be allocated by the Ministry of Agriculture (in Slovakia mandated by the Ministry of Agriculture and Land Reform under the guidelines of the Ministry of Agriculture) to eligible applicants in cooperation with the peasant Commissions (§ 15).
In allocation procedures
(a) determine in particular the principles of the allocation plan for the allocation of agricultural land, i.e. the schedule of the land for tenderers under § 8, paragraph 1, point (a) and (c) of the Law of individual interest communities (§ 16, paragraph 4), the allocation to applicants under § 8, paragraph 1, point (b), (d), (e) and (f) of the Act, as well as the allocation of forest land, i.e. the schedule for the allocation of state, local authorities, forest cooperatives and individuals (gross balance sheet);
(b) the selection of allocations from eligible allocation applicants shall be made, taking into account the priority law provided for in Article 8 (4) of the Act, determine the size and location of the individual allocations (allocation plan) and determine the creditworthiness of the allocation parcels.
The allocation procedure shall be initiated by the Decree of the Ministry of Agriculture (in Slovakia, the authority responsible for agriculture and land reform according to the guidelines of the Ministry of Agriculture), issued no later than 3 days after the decision of the Ministry of Agriculture to carry out a revision pursuant to § 1, § 3 or § § 4 to 6 of the Act; The decree will be posted on the official record of the local national committees of all interest municipalities (§ 16, par. 4) and the relevant regional national committees.
Candidates for rationing.
(1) Small farmers (§ 8 (1) (a) and (b) of the Act) are considered to be owners, smugglers and users of non-subsistence farms (§ 12 (1)) whose main occupation is agriculture and who, if they are employed at all, operate on an occasional basis; In addition, compatriots returning to their homeland shall be considered as small-scale farmers if their main occupation was agriculture.
(2) Farmers' sons and daughters over 18 years of age (§ 8, paragraph 1, point (b) of the Act), who work in agriculture, can be assigned land property for the creation of settlements, unless they can be expected, according to their family circumstances, to manage their parents' estates independently (Part I of the Act of 3 July 1947, No 139 Coll., on the distribution of the estate with agricultural holdings and on the avoidance of minor agricultural land).
(3) The fact that a small farmer (paragraph 1) received land as compensation for land expropriated for public purposes (§ 8 (1) (c) of the Act) does not prejudice the allocation provided for in § 8 (1) (a) of the Act.
(4) Owners of residual goods, taken over under § 6, paragraph 3 of the Act, may apply for an allocation if they are eligible candidates under § 1 of the Allocation Act, after the case under § 50a, paragraph 2 of the Act of 8 April 1920, No. 329 Coll., on taking over and compensation for seized land property (Replacement Act), as amended by the Act of 13 July 1922, No. 220 Coll., were not allowed, for reasons of public interest, to retain a reasonable part of the residual goods.
(5) Undivorced spouses are considered as one applicant.
He can't go for the rations
(a) without serious reason, he left the agricultural property allocated to him pursuant to the Decree of the President of the Republic of 21 June 1945, No 12 Coll., on the confiscation and rapid distribution of the agricultural property of Germans, Hungarians and other enemies of the state of Czech, Slovak and Slovak people, and the Decree of the President of the Republic of 20 July 1945, No 28 Coll., on the settlement of the agricultural land of Germans, Hungarians and other enemies of the state by Czech, Slovak and other Slavic farmers, or under the Decree of the Slovak National Council of 23 August 1945, No 104 Coll. SNR, on the confiscation and the rapid distribution of agricultural property of Germans, Hungles and of traitors and enemies of the Slovak people, as amended by the Regulation of the Slovak National Council of 14 May 1946, No 64 Coll.
(b) its land is smuggled in, except where the smuggle took place for reasons independent of the will of the owner (e.g. the disease) and otherwise the conditions for the establishment of a self-sufficient estate are given.
Range of rations.
(1) In the allocation procedure, it should be carried out in such a way that, without prejudice to the priority law (§ 8, paragraph 4 of the Act, § 10 of Act No. 139 / 1947 Coll.), as many applicants from among the holders of non-sufficient settlements are satisfied, to the maximum extent necessary to supplement the self-sufficient settlements. Mansions with the smallest area of land of 5 ha in the beet region, 8 ha in the grain sector, 10 ha in the potato sector and 15 ha in the pasture and forage areas are considered to be self-sufficient settlements. If the soil's bonality does not correspond to the average bonality of the production area, the smallest area shall be assessed according to the area it corresponds to.
(2) The extent of the allocation of land to establish agricultural holdings [§ 8 (1) (b) of the Act] shall apply mutatis mutandis to the provisions of paragraph 1.
(3) The allocation of agricultural land to public bodies shall be carried out in such a way that, where possible, the land required for the allocation pursuant to § 8 (1) (a) to (c) of the Act is not withdrawn.
(4) Agricultural production cooperatives (§ 8 (1) (e) of the Act) may be allocated land property which will not be necessary for the allocation to the tenderers referred to in § 8 (1) (a) to (c) of the Act, so that the area per member corresponds to the lowest rates laid down for the self-sufficient housing, while members of the same family may be subject to the maximum area per member of the cooperative.
(5) In the allocation of land to the tenderers referred to in § 8 (1) (f) of the Act, account shall be taken of the actual needs of the applicants.
(6) After the satisfaction of the eligible applicants, if there is sufficient land, including land obtained under § 1, § 3 and § 6, paragraph 3 of the Act, the land may be allocated up to twice the smallest size of the self-sufficient estate. The Decree of 21 October 1947, No 183 Coll., identifying agricultural production areas, applies to the determination of individual production areas.
(7) The ponds and ponds forming organic economic units may be allocated, unless the State requires them for public reasons, only to those tenderers who have a well-established pond economy or otherwise offer a guarantee of professional such management, in particular to territorial authorities. Similarly, the allocation of fishing rights on flowing waters should be carried out. The same applies to areas previously served and permanently withdrawn by the pond economy, provided that this is in accordance with the general plan of the pond economy, or if the climatic conditions of the region so require.
Shifts.
(1) If all local tenderers are satisfied from the agricultural land obtained by the revision, it can be exchanged for other agricultural land in places where the lack of such land for the allocation to the tenderers referred to in § 8 (1) (a) to (c) of the Act is possible. If the public interest so requires, e.g. the need for land for defence purposes of the State, or other public purposes, such as research, breeding and other, or for applicants referred to in § 8 (1) (a) to (f) of the Law, in places other than those where the land forming the subject matter of the revision is situated, the provisions of § 1, (3) and § 6 (3) of the Act shall apply for the purposes of the exchange.
(2) An exchange can also be negotiated
(a) for the purposes of arrondment, or if the exchange is to obtain more suitable land for the tenderers referred to in § 8 (1) of the Act;
(b) forest land obtained by revision for agricultural land, if the need for land for the allocation to the tenderers referred to in § 8 (1) (a) to (d) of the Act so requires;
(c) forest land obtained by revision for other forest land, if required by the need for forest land for the allocation to applicants referred to in § 8, paragraph 1, point (d) of the Act;
(d) land obtained by revision for land devoted to the pond economy and vice versa.
A ration of forest land.
(1) Forestry units, if not allocated to the State, are allocated to territorial authorities or forestry cooperatives, taking into account the needs of the economic forestry units.
(2) A smaller forest area of about 2 hectares, closed or implanted in their agricultural assets or allocation, may be allocated to individual executive farmers.
(3) Forest cooperatives pursuant to § 8 (2) of the Act shall be considered as forest cooperatives formed by:
(a) from the volumes of the territorial authority; or
(b) from individuals where they are eligible candidates under the law.
The peasant committee.
(1) The peasants' committees are local and regional.
(2) Local peasant commissions consist of 5 to 10 members (alternates) representing candidates. The number of members of the local farmers' committee shall be determined by the local national committee after hearing the local association of the relevant Union of Farmers. Only physical persons who are eligible candidates under § 8 (1) and (3) of the Act may be members; If the persons referred to in Section 8 (1) (f) of the Act are among the eligible applicants, they shall be accompanied by one representative.
Establishment.
(1) The local peasant commission shall be established in a municipality in whose district the agricultural land is the subject of the revision or obtained for the purposes of the allocation and in neighbouring interest municipalities (paragraph 4), where the local peasant committee shall, as a rule, be established for each such municipality.
(2) If it is considered that, in view of the smaller number of eligible applicants for allocations, it would not be appropriate to set up a local peasant committee in each of these municipalities, one peasant committee for several municipalities may be set up by agreement of the local national committees concerned.
(3) The local peasant committee shall be set up from among the eligible candidates to the local national committee of the municipality for which it is established. If a local peasant commission is to be set up for the district of several municipalities, it shall be established from among the eligible applicants of the whole district by the local national committee of the municipality in whose district the largest part of the property lies. If there is no agreement on the area of competence of the local peasant Commission, where this is necessary, it shall be determined by the Ministry of Agriculture, Slovakia, with responsibility for agriculture and land reform.
(4) The municipalities of interest are the municipalities in whose perimeter the property is taken over and the municipalities neighbouring them.
(1) The local national committee (§ 16 (3)) shall convene, by a public decree to be published in the municipality (s) for whose district the local peasant committee is to be set up, at least three days in advance, the eligible candidates for the allocation referred to in § 15 (2), second sentence, for a meeting to elect from among themselves the members of the local peasant committee.
(2) The election shall be managed by the chairman of the local national committee or its representative. Aclamation or petals shall be chosen; The majority of eligible candidates present shall decide on which of these options is to be made. For the election of a member (alternate) of the local peasant committee, an absolute majority of the votes of eligible candidates present are sufficient. Authorised tenderer, designation in § 8, paragraph 1, point (f) of the Act, elects his representative separately and therefore does not participate in the election of other members of the local peasant committee.
(1) The local national committee will examine whether the members (alternates) of the local peasant committee are eligible candidates pursuant to § 8 (1) and (3) of the Act and, if so, declare their list on the official record; If defects are detected, they will be removed.
(2) After examination of the members (alternates) of the local peasant committee referred to in paragraph 1, the local national committee setting up a meeting of the local peasant committee shall convene at which the members shall elect, by an absolute majority, a chairman, a vice-chairman and a writer. The presence of an absolute majority of the members of the local peasant commission is required for the validity of the election. If none of the candidates reach an absolute majority of the votes, a new election shall take place where the candidate who has received the largest number of votes is elected. In the event of a tie, the ticket shall decide. Pending the election of the President (Vice-President), the meeting shall be chaired by the Chairman of the local national committee or his representative.
(1) A county peasant committee shall be set up for each county national committee and shall consist of between 5 and 10 members (alternates). The number of members of the county peasant committee shall be determined by the county national committee after hearing the county association of the competent Union of Farmers.
(2) The Regional National Committee shall convene representatives of local peasant commissions for the election of the Regional peasant Commission. Each local peasant commission will send one representative to the meeting. If fewer than 5 local peasant commissions are set up in the district of the same district, the district national committee shall determine, according to the ratio of the number of eligible candidates represented by the individual local peasant committees, how many representatives each of them shall send for the election of the county peasant committee. The members (alternates) of the county peasant committee shall be elected from among the seconded representatives by a majority vote. A meeting of representatives of local peasant commissions is able to be held if at least half of the local peasant committees are represented.
(3) The Regional National Committee shall examine whether the representatives present are duly authorised to represent local peasant commissions and proceed to the election of the Regional peasant Commission. Paragraph 17 (2) shall apply mutatis mutandis to the choice, with the exception of the last sentence.
(4) The Regional National Committee shall convene a meeting of the Regional Commission of the peasant Region, at which the members shall elect a President, Vice-President and Receiver. Paragraph 18 (2) applies mutatis mutandis to their choice.
Scope.
(1) The local peasant Commission is involved in the procedure for the allocation of land in their territory (Section 8 (6) of the Act), in particular by making proposals in the cases referred to in § 8 and § 12 to 14, or opinions at the request of the Ministry of Agriculture or its institutions, after the delegation of agriculture and land reform, and by working together to reach an agreement between the applicants for the allocation, in particular in the schedule of the aggregate allocation rates per allocation.
(2) With a view to a uniform procedure and to the provision of common things, the local peasants' committees of several interest municipalities may hold joint meetings and arrange for joint matters to be handled by their representatives.
(1) Regional peasant commissions remove and coordinate discrepancies between local peasant committees. They shall also be invited to act by representatives of the authorities whose interests could be affected by the allocation procedure, as well as by public bodies and cooperatives [§ 8, par. 1, point (d) and (e) of the Act], if they are applying for allocation.
(2) When the Ministry of Agriculture, Slovakia, has delegated agriculture and land reform (Section 8 (6) of the Act) to the local peasant committees of its professional bodies to overcome the tasks associated with the implementation of the Act, the peasant commissions are obliged to perform the tasks assigned to them by those authorities.
Negotiations in the peasant committees.
(1) Roller commissions shall act and be resolutions in public meetings when an absolute majority of the members (alternates) are present outside the President (Vice-President). The peasant committee may decide that, on a case-by-case basis, the negotiations should be open to the public. An absolute majority of the members present (alternates) are needed for the resolution. However, in the event of a tie, the opinion to which the chairman (Vice-President) of the Commission has joined decides. A record signed by the President and the recorder shall be drawn up at each hearing.
(2) If a member (s) of a peasant committee renounces membership, dies or ceases to be eligible for membership required under this Regulation, the competent national committee shall arrange for the peasant committee to be supplemented in accordance with the provisions of Sections 17, 18 and 18a.
General provisions.
(1) The peasant Commission is obliged to follow the directives and guidelines issued by the Ministry of Agriculture for the implementation of the Act.
(2) The local national committees to which the local peasant commission is set up will lend them an appropriate room to act and provide them with the necessary material needs from municipal means.
(3) The position in the peasant committees is fair and members (alternates) are not entitled to remuneration.
(4) The activities of the peasant commissions shall cease as soon as the allocation plans for their perimeter have been approved and the assets allocated to the allocation in this district have been entered in public books.
Tender proceedings and final provisions.
Trial procedure.
(1) The notice of management of the immovable property to be taken over under Article 12 of the Replacement Act is to be given at least three months, so that the land can be taken over either on 1 March or 1 October of the current year, with the exception that a one-month notice is sufficient to take over on 1 March 1948.
(2) The denunciation can be delivered not only by the District Court (Section 18 of the Replacement Act), but also directly by the Ministry of Agriculture, in Slovakia entrusted with agriculture and land reform, after their authorities. The denunciation given by the administration may also be a public decree, which shall be posted on the official municipal board in the municipality (municipality) in whose district the property is situated. When a public decree is given, a general statement is sufficient without giving names of the persons managing it. The denunciation shall be deemed to have been received on the date of the hanging.
(3) There is no appeal against the denunciation given pursuant to paragraphs 1 and 2 and it is enforceable in accordance with the provisions of the Decree of 13 January 1928, No 8 Coll., on proceedings in matters falling within the competence of the political authorities (administrative proceedings).
Final provision.
This Regulation shall enter into force on the day of its publication; they shall be carried out by the Minister for Agriculture in agreement with the participating members of the Government.
Gottwald v. r.
Dr Zenkl v. r.
Dr Kočvara v. r.
Tyme v. r.
Broad v. r.
Masaryk v. r.
Maj-Gen Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr Drtina v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Děuriš v. r.
Dr Cap v. r.
Dr Pietor v. r.
Ing. Kopecký v. r.
Dr. Unedible v. r.
Majer v. r.
Dr Franek v. r.
Dr Clementis v. r.
Lichner v. r.
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Regulation Information
| Citation | Government Decree No. 1 / 1948 Coll., implementing certain provisions of the Act on the Revision of First Land Reform |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.01.1948 |
|---|---|
| Effective from | 09.01.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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