Decree No. 100 / 1983 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition amending and supplementing Decree of the Federal Ministry of Agriculture and Nutrition No. 159 / 1975 Coll., on cooperation in agriculture and its forms
Valid
Effective from 01.11.1983
100
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 30 August 1983
amending and supplementing Federal Ministry of Agriculture and Nutrition Decree No 159 / 1975 Coll., on cooperation in agriculture and its forms
The Federal Ministry of Agriculture and Nutrition provides, pursuant to § 97 paragraphs 1 and 2 of Act No. 122 / 1975 Coll., on Agricultural Cooperatives, in agreement with the Federal Ministry of Finance and the State Arbitration of the Czechoslovak Socialist Republic:
Decree No. 159 / 1975 Coll., on cooperation in agriculture and its forms, is amended as follows:
1.
This decree provides for closer cooperation between uniform agricultural cooperatives ("cooperatives') and, where appropriate, cooperatives and other socialist (primarily agricultural) organisations in order to further develop agricultural production and other activities which contribute to increasing the intensity and efficiency of agricultural production. It shall, in particular, lay down the formalities for cooperation agreements in agriculture, the procedure for their processing, conclusion and approval, the conditions under which they may be amended or cancelled, the authorities of the cooperative associations and the common agricultural holdings and the manner in which they are established, their competence and the relationship between them, the principles of financing and financial management of the common agricultural holdings and the procedure for their aggregation and cooperation. ';
2. In Section 3, the words "on agricultural production sections' are deleted.
3.V § 4
paragraph 1 (c) shall read as follows:
'(c) the provisions concerning the bodies of the cooperative association and its management;';
paragraph 1 (e) shall read as follows:
"(e) arrangements for the participation of member organisations in joint activities, in particular:
1. the amount and method of granting membership shares in the form of financial and, where appropriate, material funds;
2. the material and financial participation of the member organisations in joint activities;
3. the amount (s) of supplies of products, works and services provided by Member States to ensure joint action;
4. the provision of joint action by the necessary number of workers and the essential conditions for the performance of their work;
5. the price of products, works and services provided to each other in accordance with price regulations;
6. ownership (administration) of assets acquired or created in connection with a joint activity;
7. the principles of the allocation of revenues and costs of joint action between the member organisations; ';
in paragraph 1, the provisions referred to in points (f), (h) and (j) are deleted; the current provisions of point (i) are inserted after point (e) and renumbered as point (f);
paragraphs 4 and 5 are added as follows:
"(4) If the Member States do not pool funds and if it is not necessary, taking into account the subject matter and scope of the joint action and the number of member organisations, to create common bodies (simple cooperation in agriculture), it is sufficient that the cooperation agreement contains:
(a) the names and addresses of the member organisations;
(b) the subject matter of cooperation;
(c) arrangements for the participation of member organisations in joint activities;
(d) provisions on the consequences of infringement by a member organisation.
(5) Disputes arising between Member States in connection with the fulfilment of obligations under the cooperation agreement referred to in paragraph 4 shall be dealt with by the competent agricultural administration, on a proposal from one of them, which approved the agreement (Section 6 (2)). Where this conflict concerns a member organisation whose participation in the contract requires the approval of a superior body (Section 6 (3)), the competent agricultural administration shall deal with it in agreement with that authority. ';
4. In the third sentence of Article 6 (2), the words "the head office of a major part of the member organisations' are replaced by the words" the head office of the operator (Article 13) '; at the end, the following sentence is added: "Before the approval of the contract, the Regional Agricultural Administration shall seek the opinions of the district agricultural administrations in whose districts the seat of the member organisation is situated.'
5. Article 10 (2) (d) reads as follows:
"(d) to participate, in proportion to the extent of participation in the financing of the joint action, on the basis of a breakdown of revenue and expenditure and to contribute to the creation of co-operative associations' funds;";
6.
A cooperative association shall be established - except in the cases referred to in Article 4 (4) - by the cooperative board, the operator and the review committee. ';
7.
paragraphs 1 and 2 shall read as follows:
"(1) The Cooperative Board shall be the highest body of the member organisations of the Cooperative Association, which shall manage joint activities and shall decide on the most serious issues concerning the Cooperative Association. The Cooperation Council shall in particular:
(a) negotiate and decide on the concept of the development of the cooperative association in accordance with the programme of specialisation and concentration of agricultural production in the member organisations and ensure effective assistance to the lagging member organisations;
(b) approve the proposals for and amendments to the medium and implementing economic plans of the cooperative association;
(c) discuss proposals for medium-term and implementing economic plans of the member organisations;
(d) approve the accounts of the joint operation for the current year and the proposal for the distribution of revenues and costs to the Member States;
(e) approve the internal rules of the cooperative association;
(f) decide on the establishment and use of the construction fund and, where appropriate, the co-operation fund and other special-purpose funds;
(g) elect members of the review committee;
(h) lay down rules on remuneration and functional salaries and premiums to senior experts made available for activity in a cooperative association, with the agreement of the competent agricultural administration;
(i) manage the development of joint facilities with the operator and their use for joint action;
(j) coordinate the progress of the Member States' organisations in the management of the comprehensive system for the use and care of agricultural land and in the changes in farming in order to achieve an effective specialisation and concentration of production in the member organisations of agricultural primary production;
(k) organise the provision of products, works and services by Member States;
(l) lay down, in accordance with the cooperation agreement, the arrangements for penalising the member organisation for the breach of its obligations and obligations under the cooperation agreement;
(m) approve without delay a proposal for a property settlement with an organisation whose membership of a cooperative association has ceased;
(n) decide, with the agreement of the competent agricultural administration, to exclude the member organisation from the cooperative association.
(2) Each member organisation shall designate a representative to the Cooperation Council and, at the same time, an alternate who, in the absence of the representative, shall exercise his rights and duties. The members of the Cooperation Council shall elect a Chairperson and Vice-Chair from among themselves for the term of office laid down in the Cooperation Agreement, but not more than five years. ';
paragraph 4 shall read as follows:
"(4) For a valid resolution of the Cooperation Council on matters referred to in paragraph 1 (a), (b), (d), (e) and (f), the consent of all its members shall be required, in other cases - unless otherwise provided for in this Regulation, the Cooperation Agreement or the Rules of Procedure of the Cooperative Association - the consent of an absolute majority of its members.";
paragraph 7 shall read as follows:
"(7) The Cooperation Council may set up expert commissions as its advisory bodies, including, where appropriate, taking into account the subject matter and scope of the joint action, with the operator of the expert management leading up to the management of the activity. ';
8.V § 13
in paragraph 2, the word "cooperative members' is replaced by" members';
the following paragraph 3 is inserted after paragraph 2:
"(3) The operator shall be entitled to take legal action to ensure the joint operation on his behalf and on behalf of the cooperative association; the legal acts of greater importance for joint action and the member organisations shall only be done after the matter has been discussed by the Cooperation Council. ';
paragraph 3 is renumbered paragraph 4, in which point (b) reads:
'(b) ensure compliance with the planning, financial and wage discipline and rules to ensure safety and health at work, manage the work of members and workers of the member organisations released for that work in the cooperative association, and notify the Member States of cases of breaches of labour discipline and liability for damage;';
in the newly identified paragraph 4 (g):
"(g) to manage the co-operative fund (§ 14a);"
9. Paragraph 14 (1) reads as follows:
"(1) The review committee shall check all activities of the cooperative association; He shall be responsible for his activities to the Cooperation Council. It shall have three to five members elected for the term of office laid down in the Cooperation Agreement, but not more than five years. The chairman of the review committee shall be elected from among its members. '.
10. The following Section 14a is inserted after Section 14:
Cooperative group funds
(1) The cooperative association shall establish a construction fund with the operator whose source is depreciation of the funds used together, the residual value of the resources used in the joint operation, the sales of basic funds and investments, contributions from member organisations and subsidies and subsidies from the State budget.
(2) A co-operation fund or other special-purpose funds may be set up only with the agreement of the Ministry of Agriculture and Nutrition of the Republic, issued in agreement with the Ministry of Finance of the Republic.
(3) Where a co-operation fund has also been set up with the operator in a cooperative association, the contributions of the member organisations shall be made from the distribution of their economic result provided for by the cooperation agreement. It is used to address common problems of non-investment nature, to compensate for the distortions in the profitability of the finished products implemented and to bridge the fluctuations in the management of cooperative associations and member organisations.
(4) In the cases referred to in Paragraph 4 (4), the funds of the cooperative association are not set up. "
11. Article 15 (2) reads as follows:
"(2) The common agricultural holding (hereinafter referred to as" the holding ") is a socialist agricultural cooperative organisation. It is obliged to manage properly both in the interests of society and in the interests of the member organisations. '
12.V § 16
in paragraph 1, point (h), the words "on contributions from member organisations' shall be inserted after the words" provisions';
in paragraph 1 (i), the words "and time limits' shall be inserted after the words" provisions on the method ';
13. The following Section 20a is inserted after Section 20:
Co-operative associations of undertakings
(1) Undertakings with the same or similar focus of their activities may conclude written cooperation agreements between themselves and, where appropriate, with other socialist organisations in which a new organisation is not formed.
(2) It is necessary to approve the Treaty in accordance with paragraph 1 by the Ministry of Agriculture and Nutrition of the Republic; otherwise the provisions concerning the cooperation agreement and the cooperative association shall apply mutatis mutandis to this contract and to the cooperative association. ';
14. The following Section 21a is inserted after Section 21:
Business bodies
(1) Member States shall manage and manage the business through its bodies.
(2) The bodies of the company are: the Board of Representatives, the Board of Directors and the Review Committee. ';
15.
the heading "Business bodies' shall be deleted from the title of the section; the heading" Assembly of Representatives' under the title of the paragraph shall be moved over that designation;
paragraph 2 (a) shall read as follows:
"(a) approve the medium-term and implementing economic plans and plans for the cadre, personnel and social development of the undertaking;";
in paragraph 2, point (j), the words "for the term of office laid down by the Treaty, but not more than five years," and the words "after the words" after consulting the competent authority of ROH, "shall be inserted after the words" at their centre, "
in point (n) of paragraph 2, the words "and the conclusion of a contract pursuant to Paragraph 20a (1) shall be inserted after the words" on the merger of an undertaking ';';
paragraphs 4 and 5 shall read as follows:
"(4) The Assembly of Representatives shall meet as necessary but at least once a year. It shall be convened in writing at least a week in advance with the location, time and agenda of the meeting. It shall be convened - not later than one month at the latest - also if at least one third of the members of the Board of Representatives or of the Review Committee or, as the case may be, the director of the undertaking on grounds of the urgent interests of the undertaking, or the relevant district or regional agricultural administration, as appropriate.
(5) At each meeting of the Board of Representatives, a representative of the relevant district or regional agricultural administration shall be invited; representatives of the relevant branch of the Czechoslovak State Bank and representatives of other interested organisations may also be invited. ';
in paragraph 6, the words "and the conclusion of a contract pursuant to Paragraph 20a (1) 'shall be inserted after the words" the merger';
16. The following Section 22a is inserted after Section 22:
(1) The President of the College of Representatives shall in particular:
(a) convene and manage its proceedings;
(b) co-sign with the director of the undertaking documents on legal acts in cases where decisions of the College of Representatives or the Board of Directors are taken;
(c) conclude an employment contract with the Director for the undertaking;
(d) take part, together with the director of the holding, in negotiations with the authorities of the State Economic Management of Agriculture and, where appropriate, with other authorities, on serious issues relating to the development and operation of the undertaking.
(2) The Vice-President shall represent the President of the College of Representatives in his absence. "
17.
Board of Directors
(1) The Board of Directors shall manage the business between meetings of the Board of Representatives; has three to 15 members. The Board of Representatives shall be responsible for its activities.
(2) The Board of Directors shall, in particular:
(a) proposals for medium-term and implementing economic plans and plans for the beaker, personnel and social development of the undertaking;
(b) annual activity evaluation reports, proposals for annual accounts, accounts and financial and, where appropriate, property settlement with Member States;
(c) proposals for the distribution of profits and, where appropriate, for the reimbursement of losses;
(d) proposals for a collective agreement, the organisation and the conditions of employment of the undertaking, or proposals for further internal rules, as appropriate.
(3) The Chairman of the Board shall be the Chairman of the Board of Representatives; convene and manage the Board of Directors at least once a month. Paragraph 22 (4) and (6) shall apply mutatis mutandis to the way in which the Board is convened and to the resolutions of the Board of Directors. '
18.V § 25
paragraph 1 shall read as follows:
"(1) Director:
(a) ensure that the economic plans, agendas, personnel and social development plans and the resolutions of the bodies of the undertaking are implemented;
(b) manage the construction and operation of the undertaking and ensure that the level of its management is constantly increased;
(c) be responsible for compliance with planning, financial and wage discipline and regulations to ensure safety and health at work, ensure proper management and protection of the company's assets;
(d) establish conditions for the rational functioning of the information system, including the proper keeping of accounts;
(e) be responsible for establishing an effective internal control system and ensuring its proper functioning within the undertaking;
(f) establish the salaries of the employees of the undertaking, grant them remuneration and premiums; the legal acts relating to the establishment or termination of the employment relationship of the management of the undertaking require the prior approval of the Board of Directors;
(g) ensure that the professional qualifications of all employees of the undertaking are improved;
(h) regularly inform the Board of Directors of important issues relating to the construction and operation of the undertaking;
(i) submit to the Board proposals for medium-term and implementing economic plans and plans for cadre, personnel and social development, reports on their implementation and on the annual evaluation of the company's activities, proposals for the annual accounts of the firm and for the distribution of profits and, where appropriate, for the reimbursement of losses, proposals for collective agreements and internal rules;
(j) prepare other documents for the meetings of the Board of Directors and the College of Representatives and participate in them with an advisory vote. ';
in paragraph 2, the words "and the Board of Directors' shall be inserted after the words" the College of Representatives';
in paragraph 3, the second sentence is replaced by the following:
"The documents relating to the legal acts referred to in Paragraph 22a (1) (b) shall be submitted for co-signature to the President of the Board of Representatives. ',
paragraph 5 shall read as follows:
"(5) Other managers responsible for managing each section of activity may, on behalf of an undertaking, take legal acts resulting from their duties and responsibilities on the basis of the organisation rules of the undertaking, otherwise only by authorisation given by the Director. However, this is not the case if it is the legal acts referred to in Paragraph 22a (1) (b). ';
Note 1 to paragraph 5 is deleted.
19. In Paragraph 27, paragraph 7 is added as follows:
"(7) Contributions from member organisations shall be granted:
(a) the building fund of the member organisations to the building fund of the enterprise;
(b) the division of the economic result of the member organisations into the other funds of the undertaking;
(c) the costs incurred by the member organisations to meet the operational needs of the undertaking. "
20. Paragraph 31 (1) reads as follows:
"(1) The company concentrates in its funds the purposeful resources to finance its needs. It creates the following funds:
(a) the turnover fund;
(b) the construction fund;
(c) a fund of cultural and social needs;
(d) the remuneration fund;
(e) housing fund,
(f) the reserve fund. ";
21. v § 32
Note 6 to paragraph 2 shall read as follows:
"6) Decree No. 137 / 1973 Coll., on prices, as amended by Decree No. 73 / 1978 Coll. and No. 160 / 1970 Coll. and Decree of the Federal Price Office, the Czech Price Office and the Slovak Price Office No. V-1 / 82 of 17.5.1982 on prices negotiated by the customer agreement with the supplier."
paragraph 4 (a) shall read as follows:
"(4) The agrochemical undertaking or the mellioration undertaking shall make a profit:
(a) the work and services carried out for the member organisations at the level of the allocation of the cultural and social needs fund, the remuneration and levy fund provided for in specific provisions; ';
Note 7 to paragraph 4 is deleted.
22. Paragraph 33 (4) reads as follows:
"(4) The firm shall, not later than one year after the termination of the membership, carry out an account which is the basis for the asset settlement with the former member organisation within the time limit set by the contract, but not later than five years after the termination of the membership. ';
This Decree shall take effect on 1 November 1983.
Minister:
Toman CSc. v. r.
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Regulation Information
| Citation | Decree No. 100 / 1983 Coll., amending and supplementing Federal Ministry of Agriculture and Nutrition Decree No. 159 / 1975 Coll., on cooperation in agriculture and its forms |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.10.1983 |
|---|---|
| Effective from | 01.11.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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