What is Act No. 122 / 1975 Coll.?

Act No. 122 / 1975 Coll., on Agricultural Cooperatives — Act on Agricultural Cooperatives.

When it became Act No. 122 / 1975 Coll. effectiveness?

Act No. 122 / 1975 Coll. became effective 01.01.1976.

Is Act No. 122 / 1975 Coll. still valid?

Yes, Act No. 122 / 1975 Coll. is still valid and effective.

Act No. 122 / 1975 Coll. - Act on Agricultural Cooperatives

122

THE LAW

of 13 November 1975

on agricultural cooperatives

The single agricultural cooperatives are significantly involved in the performance of the economic construction tasks, in the development of our socialist agriculture under the leadership of the Communist Party of Czechoslovakia. The victory of socialist production relations and the development of a materially technical base have significantly changed the nature of agricultural work and led to a substantial increase in the standard of living of cooperative peasants and the consolidation of their union with the working class.

The current development phase of our agriculture is characterised by the increasing application of industrial methods of organising production, large production technologies and results of science and technical progress, further production concentration based on specialisation and development of cooperation and integration relations.

The increasing socialisation of agricultural production leads to the consolidation of cooperative socialist ownership, the deepening of socialist ownership relations within cooperatives and the development of higher forms of cooperation between cooperatives and between cooperative and state organisations; This brings together the two forms of socialist ownership in agriculture gradually.

In view of the level of development of production forces and production relations achieved in our agriculture, single agricultural cooperatives need to apply higher forms of organisation and management of production and work and to deepen effective state management, ensuring the planned development of agriculture throughout the socialist agricultural complex and the convergence of the socio-economic position of cooperative farmers and workers of state organisations.

These guidelines in the development of our socialist agriculture also require new conditions appropriate legislation on socialist agricultural cooperatives.

Based on these facts, the Federal Assembly of the Czechoslovak Socialist Republic has decided on this law:

Preliminary provisions

§ 1

Socialist agricultural cooperatives are an integral part of our socialist economic system; In particular, the principles of voluntary, state-owned and cooperative democracy apply, the unity of members' interests with the interests of the cooperative and society as a whole, the planning, the protection of cooperative ownership and the convergence of both forms of socialist ownership in agriculture.

§ 2

(1) The State shall manage the single agricultural cooperatives (hereinafter referred to as "cooperatives") and other agricultural cooperative organisations and, where appropriate, other organisations and cooperative associations which are created in the development of cooperation in agriculture (hereinafter referred to as "other organisations"), in accordance with the agricultural and human nutrition policy, in such a way that their economic activities satisfy the needs and interests of society as best as possible.

(2) The State shall ensure a uniform adaptation of the fundamental issues of the life of cooperatives and other organisations and shall ensure that internal cooperative rules are in line with both local and legal conditions.

§ 3

(1) On the basis of the analysis of the management of cooperatives and other organisations and the technical economic concepts of socialist agricultural production, the State directs the economic development of cooperatives and other organisations through economically effective measures, in particular the national economic plans and other economic instruments, as well as legislation and political and economic measures.

(2) The economic plans of cooperatives and other organisations are based on national plans for the development of the national economy; ensure that their tasks are carried out through the efficient use of land, material and money, as well as the work of members.

§ 4

The State provides all-round political, organisational, economic, professional and cadre assistance to cooperatives and other organisations to consolidate their socialist development, to continuously expand their production and to better combine their interests with those of society.

§ 5

(1) Cooperative democracy is also developing in inseparable unity with the deepening of state management, which allows for an increasing active and proactive participation of members in the management and management of agricultural cooperatives and cooperative matters.

(2) Conferences and national meetings of single agricultural cooperatives are convened to discuss the economic and social activities of cooperatives.

(3) The National Assembly of Unified Agricultural Cooperatives is convened by the Government of the Czechoslovak Socialist Republic in cooperation with the Central Committee of the National Front and the Association of Cooperative Farmers of the Czechoslovak Socialist Republic.

ČÁST PRVNÍ

NATURE AND TASKS OF THE SINGLE AGRICULTURAL SPECIES

United Agricultural Cooperative

§ 6

(1) The cooperative is a voluntary association of working peasants and other workers for common socialist agricultural production; is a people's cooperative and voluntary social organisation.

(2) The cooperative may acquire only such rights and assume only commitments that are consistent with its activities. In cases determined by the Model Statutes of the Single Agricultural Cooperatives (hereinafter referred to as the Model Statutes), legal acts relating to transfers of assets from cooperative ownership other than normal management, the assent of the district agricultural administration are required.

§ 7

(1) The task of the cooperative is in particular:

(a) ensure, in accordance with national economic plans, the development of socialist agricultural production according to the principles of socialist management;

(b) to apply the results of science and technical progress and to establish progressive methods and forms of organisation and management of production and labour in agriculture;

(c) to make full use of all land and other means of production and resources to ensure growing social needs, to increase the intensity and efficiency of production and market production to state funds;

(d) to develop a conscious, active and innovative approach by members to the performance of the cooperative's production and other tasks, to create conditions for their participation in the management and management of cooperative matters in accordance with the principle of cooperative democracy;

(e) to seek to satisfy the needs and interests of members in the socio-economic and social field in accordance with the needs and interests of the whole society.

(2) In carrying out its tasks, the cooperative shall be governed by the rule of law and shall ensure that socialist legality is consistently respected.

§ 8

The formation of the cooperative

(1) In order to establish a cooperative,

(a) a resolution setting up meetings on its establishment;

(b) the adoption of the statutes of the cooperative,

(c) the election of the cooperative authorities;

(d) the approval of the district national committee following the observations of the district agricultural administration.

(2) The cooperative may acquire rights on the outside and commit itself from the date of registration in the company register.

§ 9

Cooperative name

The name of the cooperative must explicitly indicate that it is a single agricultural cooperative and the seat of the cooperative.

§ 10

Model Statutes of Single Agricultural Cooperatives

(1) The model statutes regulate internal relations within the cooperative; According to them, the cooperative draws up its own statutes.

(2) The Model Statutes, or amendments thereto, are issued by the Government of the Czechoslovak Socialist Republic by a regulation after consultation with the Central Committee of the Association of Cooperative Farmers of the Czechoslovak Socialist Republic. At the same time, it shall also lay down the procedure for drawing up and approving the statutes of the cooperative, its amendments and its additions.

§ 11

Statutes of cooperatives

(1) The statutes of the cooperatives further regulate internal relations within the cooperative according to the terms of the cooperative.

(2) The Statutes of Cooperatives, as well as their amendments and additions, are adopted by the members' meetings and approved by the Regional National Committee following the observations of the Regional Agricultural Administration.

(3) The Regional National Committee shall keep a register of approved statutes of cooperatives, their amendments and additions.

Subject matter and management of the cooperative

§ 12

Main activity

(1) The main activity of the cooperative is agricultural large production; include other activities in so far as they contribute to increasing the intensity and efficiency of agricultural production and ensure the smooth operation and full use of the cooperative's production forces.

(2) The main activity of the cooperative which uses forests or fish ponds is also their management.

(3) The provision of work or services for other organisations or citizens shall not be regarded as exceeding the main object of the activity if they are carried out only occasionally, occasionally and in the short term.

§ 13

Related production

(1) The cooperative may, in the interests of the year-round employment of its members, use its means of production or its own and local material resources, as well as the provision of socially beneficial production and services, carry out associated production on the basis of authorisation.

(2) The associated production shall not be carried out at the expense of the continuous development of agricultural production, nor shall it be used for illegal business or for the acquisition of unjustified economic benefits. If an authorisation is also necessary for the pursuit of an activity under specific rules, the cooperative may operate as an associated production only if it is authorised.

(3) The permit for the operation of the associated production is issued by the district national committee following the observations of the district agricultural administration. the authorised associated production is entered in the company register.

(4) The district national committee shall decide, after the district agricultural administration has expressed its opinion, to withdraw the authorisation to operate the associated production if the social interest so requires, in particular if the cooperative infringes the conditions under which the authorisation was granted.

(5) The decisions of the District National Committee referred to in paragraphs 3 and 4 are the basis for the appropriate amendment or addition of the statutes of the cooperative without specific approval within the meaning of Article 11 (2).

§ 14

Cooperative management and pension distribution

(1) The cooperative manages land and other property owned or used by it.

(2) In order to continuously increase the intensity and efficiency of its production, the cooperative also makes assumptions in the internal organisation and in the management and planning, in particular through the application of the internal chozrasčet, the monitoring and evaluation of its own costs and the carrying out of economic analyses of the results of the management.

(3) The cooperative distributes the total pension in accordance with the interests of the whole company, the cooperative and its members on the basis of the socialist principles of the distribution of pensions. The Government of the Czechoslovak Socialist Republic lays down by regulation the principles of the financing and financial management of the cooperative, in particular the principles under which the cooperative distributes the total profit; they shall adjust the system of cooperative funds, their production and management.

(4) Details of the principles referred to in paragraph 3 shall be laid down by the Federal Ministry of Agriculture and Nutrition in agreement with the Federal Ministry of Finance and the Ministry of Agriculture and Nutrition of the Czech Socialist Republic and Slovak Socialist Republic.

ČÁST DRUHÁ

_

Establishment of membership

§ 15

(1) Any citizen may become a member of the cooperative after completion of compulsory education.

(2) However, a citizen may apply to be a member of the cooperative from the beginning of the calendar year in which he terminates compulsory education.

§ 16

(1) Membership is based on a written application by the citizen and a decision by the cooperative to accept him as a member of the cooperative.

(2) An application containing the conditions to which a citizen attaches his or her entry to the cooperative shall be invalid.

(3) The membership meeting on a proposal from the Board of Directors shall decide on the admission of a citizen as a member of the cooperative during the period between the member meetings (meetings of the Board of Representatives).

§ 17

(1) On the basis of an agreement with a citizen, the membership meeting or, where appropriate, the board of directors shall, in the decision to accept it as a member of the cooperative, determine the date on which membership takes place; it cannot be the day preceding the day on which the decision to accept a citizen as a member of the cooperative was taken.

(2) The date on which the previous membership of another cooperative or employment relationship to another organisation still persists cannot be defined as the date of membership. That's not true if he joins the cooperative.

(a) a member of the joint agricultural holding, if the cooperative is a member organisation of that holding;

(b) a worker for the duration of an existing employment contract which has been negotiated for less than a specified weekly working period.

(3) If a citizen has already applied for admission as a member of the cooperative before the end of compulsory education (Section 15 (2)), the day preceding the end of compulsory education may not be defined as the date of membership.

(4) If the decision to accept a citizen as a member of a cooperative has not provided for the date of membership, membership shall be deemed to have arisen on the date of the decision or, where appropriate, prior to the decision, the termination of the previous member's relationship with another cooperative or the employment relationship with another organisation or compulsory school leaving the day following the date on which the previous member's relationship with another cooperative ended, the employment relationship with another organisation or compulsory school leaving.

§ 18

If, as a result of the admission of a member of the cooperative as a secondary employment member, the current employment relationship is considered to be a secondary employment relationship and the work in this secondary employment is prevented by the member of the cooperative from properly fulfilling the obligations arising from his or her membership of the cooperative, or if it is detrimental to his or her health, the cooperative may order him or her to terminate the secondary employment relationship. The member of the cooperative shall then be obliged to terminate the secondary employment.

Termination of membership

§ 19

Membership ceases

(a) the Agreement;

(b) performance,

(c) a shorter-term presentation;

(d) exclusion;

(e) the death of a member;

(f) the loss of the cooperative as a result of its transfer to a state agricultural organisation or permanent loss of the soil base.

§ 20

(1) The agreement on termination of membership is concluded in writing by the cooperative and by the member of the cooperative.

(2) The agreement shall specify the date of termination of membership; at the request of a member of the cooperative, the reason for the termination of membership must also be stated.

§ 21

Removing from the cooperative [§ 19 (b)] is only possible at the end of the calendar year; the written receipt of the member must be delivered to the cooperative by 30 June of that year at the latest.

§ 22

(1) Removing a member from a limited-time cooperative [Paragraph 19 (c)] is only possible if:

(a) if a member of a cooperative is permanently unfit, according to a medical opinion or decision of a national health authority, to carry out existing or other appropriate work in the cooperative;

(b) if a member of the cooperative has been accepted as a student of a university or as a student of a secondary school (except in the case of studies at work) or as a teacher's degree,

(c) where a member of the cooperative has been entrusted with the exercise of a public function or other activity for a social organisation which makes the exercise of his or her member's rights and obligations impossible;

(d) if, for reasons of organisational change, the cooperative cannot provide the member with an existing or other appropriate job in the cooperative, or if his professional qualifications are not used for at least six months in the last 12 months;

(e) if a member of the cooperative of the spouse goes to his place of residence or a young member of the cooperative of the parent to their new place of residence.

(2) Another suitable job for a member of the cooperative is work suitable for him due to his health and abilities and, if possible, his qualifications.

(3) The reduced withdrawal period is three months. start on the first day of the calendar month following receipt of the written declaration to the cooperative. The written declaration must explicitly state the reason for the shortened deadline (paragraph 1).

(4) If the cooperative denies the reason for a reduced period of time (paragraph 1) referred to by the member of the cooperative, it shall, no later than 15 days after receipt of the written appeal, submit to the court an application for a ruling on the dispute.

§ 23

The deduction received to the cooperative may be withdrawn only in writing and with the agreement of the cooperative; the consent of the cooperative to withdraw the appeal must be notified in writing to the member of the cooperative.

§ 24

(1) A member meeting may exclude a member from the cooperative only if:

(a) where he has been legally sentenced for an intentional offence unconditionally to imprisonment for more than one year;

(b) if he or she has repeatedly violated cooperative discipline and previously imposed disciplinary action has not led to rectification or if he or she has infringed cooperative discipline in a particularly gross manner and if the continued duration of his or her membership would jeopardise the proper performance of the tasks of the cooperative.

(2) A member's meeting may decide to exclude a member from the cooperative only within three months of the date on which the cooperative has established the grounds for exclusion, but not later than one year from the date on which that reason arose.

(3) Where the conduct of a member of a cooperative in which the grounds for exclusion referred to in paragraph 1 (b) can be seen is subject to an investigation by another authority, the period of three months (paragraph 2) shall begin on the day on which the cooperative became aware of the outcome of the investigation.

(4) The decision to exclude a member from the cooperative must state the reason (paragraph 1) which cannot be amended retrospectively; the membership shall cease on the date on which the decision to exclude a member of the cooperative was delivered.

(5) If the member of the cooperative does not agree to the decision of the member meeting on exclusion, he may, within 30 days of its notification, lodge a motion before the court to determine that the exclusion is invalid.

§ 25

(1) If membership ceases, the cooperative shall account for and settle mutual rights and obligations within one month of the approval of the accounts for the calendar year in which membership ceased, but no later than 31 March of the following calendar year.

(2) The details of such accounts and settlement are determined by the model statutes.

ČÁST TŘETÍ

ORGANISATION, MANAGEMENT AND MANAGEMENT OF THE SPECIALITY

§ 26

(1) An effective internal organisation of the cooperative and an effective system of intra-cooperative management are provided for the successful performance of the planned tasks of the cooperative. the internal organisation of the cooperative is mainly dependent on the farming and size of the cooperative, the degree of specialisation and concentration of production and the organisation of the cooperative's soil fund.

(2) Organisational units in a cooperative operating under the rules of the internal chozrasčet may be set up under the sectoral or territorial principle of management or, where appropriate, on the basis of a rational combination of both principles.

(3) The details of the internal organisation of the cooperative and internal cooperative proceedings are laid down in the model statutes and statutes of the cooperative and, where appropriate, the working and organisational rules of the cooperative.

Cooperative authorities

§ 27

(1) The members of the cooperative shall manage and manage the matters of the cooperative through a member meeting and the elected bodies in accordance with legislation, political and economic measures, the statutes of the cooperative and other internal cooperative rules.

(2) The elected bodies of the cooperative are: the Board of Representatives, the Board of Directors, the Chairman, the Review Commission, the Social Commission, the Commission on Safety and Health at Work and the Conciliation Commission.

(3) Model statutes and, where appropriate, other legislation may determine which other authorities are established in the cooperative.

§ 28

Members' meeting

(1) The highest body of the cooperative is the membership meeting at which members exercise their right to manage and manage the cooperative's affairs and to control the cooperative's activities.

(2) The meetings of the members shall meet as necessary, but at least every six months and, where appropriate, if a College of Representatives has been elected to the cooperative, at least once a year.

(3) A member meeting must be convened if at least one third of all members of the cooperative, review committee, district national committee or district agricultural administration so request.

(4) The powers of the member meetings shall include:

(a) the choice and, where appropriate, the appeal of the cooperative authorities or their individual members;

(b) the adoption of the statutes of the cooperative, their amendments and additions;

(c) the adoption, amendments and amendments thereto,

(d) approval of medium-term and implementing economic plans;

(e) the clearance of accounts;

(f) decision on the merger, division or demise of the cooperative;

(g) decision-making on other important matters relating to the cooperative and its activities, where provided for by this law, model statutes or other legislation, or where the member meeting has reserved them.

§ 29

Assembly of Representatives

(1) In a cooperative with a large number of members, the Board of Representatives may elect a member meeting. The Assembly of Representatives shall have the rights of member meetings, except:

(a) the elections and, where appropriate, the appeals of the cooperative's bodies;

(b) the adoption of the statutes and conditions of employment of the cooperative,

(c) the clearance of accounts;

(d) decisions on the merger, division or demise of the cooperative.

(2) The number of members of the Board of Representatives shall not be less than five times the number of members of the Board of Directors.

§ 30

Board of Directors

(1) The Board of Directors is the statutory and executive body of the cooperative, which, in the period between the member meetings (meetings of the Board of Representatives), manages the activities of the cooperative and ensures and controls the implementation of the resolutions adopted.

(2) The Board of Directors shall be responsible for its activities for the member meeting.

§ 31

The President

(1) The President

(a) manage the normal activities of the cooperative;

(b) convene and manage the meetings of the Board of Representatives;

(c) ensure operationally that the resolutions adopted are implemented;

(d) regulates and controls the performance of duties by other senior officials (senior experts) of the cooperative;

(e) act on behalf of the cooperative.

(2) The President shall, as a general rule, direct the various sectors of activity and of the individual holdings and other organisational units within the cooperative through the senior experts responsible for them. The meeting may, on a proposal from the President, delegate to the Vice-President the management of an activity section.

(3) The Chairman shall be responsible for his or her activities for the member meetings and the Board of Directors.

(4) The Vice-President shall be represented in his absence.

§ 32

Revision Commission

(1) The Revision Committee checks all activities of the cooperative and deals with complaints from its members; the members' meeting shall be responsible for their activities.

(2) The Chairman of the review committee may be released from the exercise of other work on the cooperative.

Other commission and economic management of the cooperative

§ 33

Next Commission

(1) The members' meetings and the Board of Directors may, as appropriate, set up other commissions as permanent or temporary.

(2) The members of these commissions shall be elected or appointed and, where appropriate, removed by the authority which set them up.

(3) Model statutes may provide that certain of these commissions are to be established on a compulsory basis.

§ 34

Economic management

(1) The members' meeting may establish economic management as the subsidiary body of the President; the economic management shall in particular discuss measures to safeguard the cooperative's production organisational and economic tasks.

(2) The members of the economic leadership are primarily the leading experts of the cooperative, designated by the model statutes and the statutes of the cooperative; other members of the economic leadership shall be appointed and withdrawn by the Board on a proposal from the President. In the performance of their duties, members of the economic management shall be bound by the resolutions of the member meeting and the board of directors.

§ 35

The detailed scope of the bodies, other commissions and economic management of the cooperative, their choice and withdrawal, the composition, negotiation and decision-making, as well as the production advice of the organisational units as an instrument for managing and actively participating members of the cooperative in the management of cooperative matters, shall be laid down in the model statutes and statutes of the cooperative. The model statutes shall also determine which cooperative is considered to be a cooperative with a large number of members and which other senior officials (senior experts) of the cooperative, or under what conditions, may perform certain legal acts on behalf of the cooperative.

Citation	Act No. 122 / 1975 Coll., on Agricultural Cooperatives
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	19.11.1975
Effective from	01.01.1976
Effective until	-
Status	Valid

Act No. 122 / 1975 Coll.

Act on Agricultural Cooperatives

Contents

§ 1

§ 2

§ 3

§ 4

§ 5