Act No. 142 / 1947 Coll.
First Land Reform Revision Act
Valid
Effective from 12.08.1947
142.
Law
of 11 July 1947
on the revision of the first land reform.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Revision item.
(1) The arrangement of land property, carried out pursuant to the Act of 16 April 1919, No. 215 Coll., on the prevention of large land property (in the next "zábová zábová") and under the regulations implementing it (the first land reform), is subject to a revision as regards:
(a) land property which has been excluded from the register pursuant to § 3 (a) or released pursuant to § 11, the sentence of the second block law, or retained by the owner pursuant to § 20 of the Act of 30 January 1920, No 81 Coll., issuing for the purposes of § 10 of the block law provisions on the allocation of seized land and adjusting the legal relationship to the allocated land (allocation law), if it is still owned by persons for whom it has been excluded or released (retained) or by its heirs;
(b) the property seized, which has not yet been decided upon by the removal or retention under Paragraph 20 of the Allocation Act, and for which no allocation procedure has been carried out (revision of the readmission agreements);
(c) property files for which it has been decided not to apply the provisions of Section 4 of the Code Act or which have been released from the record;
(d) agricultural and forestry undertakings or other separate economic units, created from the seized property of the land, either by allocation or exchange under the allocation law or by the purchase of land taken under Section 7 of the Warranty Act, on the one hand, by purchasing land excluded under Section 3 (a) or released under Section 11 of the Warranty Act, on the other hand, after the land retained under Section 20 of the Allowance Act, exceeding 50 ha of all land (other "residual goods"). If, according to other provisions, 50 ha of land is left to the owners of the residual goods, they shall have the right to keep agricultural or forest land, preferably in their choice, as appropriate. Land property which has not been acquired from land originally taken or released (retained) shall not be included in this area.
(2) If the owner has exchanged the land assets not recovered (free) for the property occupied (Section 24 of the Allocation Act), he is subject to a revision of the occupied land assets acquired by the exchange, only with that owner, after his heirs, only in the case of the area which, taking into account his boldness and the technical needs of the company, exceeds the value of the property transferred for him.
(3) Real estate released from the register pursuant to § 11, the sentences of the first entry law may be expropriated even below the limits of § 2 of the Code Act, if the local land needs are urgent and if the land occupied is not sufficient, or if the general welfare is requested, but the owner is left with 50 hectares of land property. The provisions of Section 11, the sentences of the first entry law, apply mutatis mutandis to this claim.
Revision.
(1) Revises are subject to decisions and measures (including the allocation decisions and, in the case of allocation documents) issued by the former State Property Office (Act of 11 June 1919, No 330 Coll., on Land Authority) or the Ministry of Agriculture (Government Decree of 25 January 1935, No 22 Coll., on Land Office (State Property Office) and its jurisdiction is directed to the Ministry of Agriculture (Act of 22 February 1940, No 45 Coll., on the State Land Office) - hereinafter referred to as the "Land Office" - if it applies to the property referred to in § 1.
(2) It is for the Ministry of Agriculture to carry out a revision of the land reform and to give a decision on its outcome, in Slovakia it is, in principle, the responsibility of agriculture and land reform. The Ministry of Agriculture shall act in accordance with the resolution of the Review Commission (paragraph 3). It is for the Revision Commission to decide on the proposals of the Ministry of Agriculture for revision under the provisions of Sections 1, 3 and 4 to 6. If the resolution of the Revision Commission is not in accordance with the provisions of this Act or if it has not reached its resolution within the time limit laid down in the Rules of Procedure, the Minister for Agriculture shall refer the matter to the Government and give a decision in accordance with its resolution.
(3) The Revision Commission has six members and six alternates appointed and withdrawn by the Government on a proposal from the Minister for Agriculture. The Rules of Procedure of that Commission shall be issued by the Government by a regulation on a proposal from the Minister for Agriculture.
Property inventory.
(1) The owners or joint owners of the property referred to in Paragraph 1 are obliged to write down and report their property. The list of persons shall be subject to physical and non-discriminatory citizenship and to both domestic and foreign legal persons. Where persons are a list of persons who are not reported, if they are staying abroad or if their property is under national or other official administration, the user or the national (official) manager of the property covered by the inventory shall be obliged to do so.
(2) The inventory shall establish, on the one hand, the status of the property subject to the revision provided for in Paragraph 1, on the day on which it was decided to exclude, release, retain, allocate or sell-off, and, on the other hand, its status on the date of the inventory. On a proposal from the Ministry of Agriculture, Slovakia, the authority responsible for agriculture and land reform shall indicate in the public books that the property is subject to revision.
(3) The Government shall issue more detailed rules on the inventory and on the indication of the revision in public books (paragraph 2) by regulation.
Revise decisions pursuant to § 3 (a) and § 11, sentences of the Second Code Act and § 20 of the Allocation Act.
(1) The Ministry of Agriculture shall repeal (Paragraph 2 (2)) of the Decision pursuant to the provisions of Section 3 (a) of the Code Act, which excluded the seized objects from the record, if it finds, at the time of the revision, that the requirements of that provision were not met on the initial day of application of the Code Act. Otherwise, they shall confirm the exclusion.
(2) The Ministry of Agriculture shall repeal (§ 2 (2)) the decision to release the land from the record under § 11, the sentence of the Second Code Act and the retention of the seized land under § 20 of the Allocation Act, if they are affected by the provisions of § 1, paragraph 1, point (a), if they are found in the review that the legal conditions for the release or retention of the land have not been fulfilled. For these reasons, the decision on the property files referred to in § 1 (1) (c) shall be annulled if their size exceeds that laid down in § 2 of the Law. Otherwise, they shall confirm release or retention.
(3) By cancelling the decisions referred to in paragraphs 1 and 2, the property shall be recovered from the acquisition excluded or released (retained) and the subject of the decision under this Act, provided that, in the cases referred to in paragraph 2, a new decision on the release pursuant to § 11, the sentence of the second entry law or the retention pursuant to § 20 of the allocation law is not issued. The owner of the seized property shall not have the legal right to retain the property protected under Paragraph 20 of the Allocation Act.
Revision of takeover agreements.
By abolishing or amending a decision pursuant to § 4, paragraphs 1 and 2, the relevant provisions of the agreements negotiated by the Land Office with the owners of the acquired property of the Land on its takeover (§ 26 of the Law of 8 April 1920, No 329 Coll., on the taking over and compensation for the seized property of the Land (Replacement Act), as amended by the Act of 13 July 1922, No 220 Coll., i.e. the General Agreement on the Implementation of the Land Reform) shall be repealed or amended. In addition, the provisions of these agreements, according to which the part of the seized property is deferred for future land reform, shall be deleted or amended in a specified period of time; the property becomes the subject of a procedure under the Law of Laws. The Ministry of Agriculture may also cancel or change other provisions of these agreements if they are contrary to the provisions of this Act, whether or not a decision has been annulled or amended pursuant to Paragraph 4, paragraphs 1 and 2.
Taking over residual goods.
(1) The Ministry of Agriculture shall take over the residual goods [Paragraph 1 (1) (d)], if the following conditions are provided. By taking over, these properties are transferred to the State. The provisions of the Replacement Act shall apply mutatis mutandis to the takeover.
(2) Residual goods will be taken over if the Ministry of Agriculture finds that:
(a) 1. the original acquirer has exchanged non-recovered real estate for properties of a disproportionate value without being an eligible tenderer under Section 1 of the Allocation Act, after the case under Section 50a, Section 2 of the Replacement Act (Section 1, paragraph 2), or
2. the original acquirer has acquired real estate by any act of his or his representative or third party, establishing the facts of the offence or the infringement of official duty, without prejudice to the possibility that the perpetrators may still be prosecuted; If the offender has not been found guilty, neither criminal nor disciplinary, a four-member commission appointed by the Government to a proposal from the Ministry of Justice from an professional judge shall be required to establish whether the conduct constitutes a criminal offence or an infringement of an official obligation, or that:
3. The allocation price did not comply with the provisions of Paragraph 77 of the Replacement Act, after the acquisition price for which the residual property was obtained from the occupied or retained property was lower than the allocation price under Paragraph 77 of the Replacement Act, and that the residual good is still owned by the original acquirer or his heirs, or that:
4. Forest land did not serve for the purposes set out in Paragraph 10 (3) of the Allocation Act and did not show the requirements therein; or
(b) on 8 July 1946, the owner (transferee):
1. on a residual holding, he has not permanently managed or had no permanent residence at the premises of the holding or was not a farmer (the holding was not the sole source of its livelihood) unless the owner was prevented by circumstances of his own free will (age, illness, widow of the farmer, underage, etc.) or, by reason of the performance of public office, was permanently prevented from managing the residual holding in person, or that
2. it did not have the personal requirements required under § 1 of the Allocation Act or § 50a, § 2 of the Replacement Act from applicants for the Allocation of Paid Land; or
3. He did not properly fulfil the conditions to which the land allocation under the allocation law is bound, after the case under the Act of 27 May 1931, No 93 Coll., amending and supplementing the rules on the legal relationship to the land allocation (Small Allocation Act), as amended by the rules supplementing it and changing it, or other conditions imposed on him by the original decisions on the allocation (Allocation Instruments) or by the decisions on the approval of market contracts under Section 7 of the Law, after the decisions on the transfer of land assets to the current owners (acquirer).
The personal requirements referred to in paragraphs 1 to 3 for persons who have lost property (Paragraph 1) under the pressure of occupation or as a result of national, racial or political persecution (Act of 16 May 1946, No. 128 Coll., on the nullity of certain property-law acts from the period of infreedom and on claims for such invalidity and other interference in the assets arising) shall be assessed at the time of the revision, according to the time when the event which gave rise to the recovery in the previous situation. For participants in the National Liberation Fight (§ § 1 and 6 of the Act of 19 December 1946, No. 255 Coll., on the members of the Czechoslovak Army abroad and on some other participants in the National Liberation Fight), the Minister of Agriculture will allow exemptions from the provisions of the previous sentence in cases of special attention to the proposal of the Minister of National Defence.
(3) If the local need for land is urgent to satisfy applicants authorised under Paragraph 8, paragraph 1, or if a public interest so requests, the whole or part of the residual farm may be taken over on a proposal from the peasant Commission.
(4) Of the residual goods which are no longer owned by the original acquirer or his heirs, the owner shall, at his request, leave 50 hectares of land in the area, if not for the cases referred to in paragraph 2 (a), (2), and if the current owner was not co-guilty or absent from any of the acts referred to in that provision, or for the cases referred to in paragraph 2 (b) or (3). The provisions of § 11, the first sentence of the Law, also apply mutatis mutandis to the owner's claim.
(5) In taking over the residual assets of the State, the owners of a live and dead establishment which has so far served their management shall be obliged to sell to the State at an official price a proportion of that establishment; If no official price is fixed, the common price shall apply. The Minister for Agriculture shall lay down more detailed rules for the implementation of this provision by means of a decree published in the Official Journal in Slovakia.
Compensation for land property and residual assets taken over.
(1) In respect of land property which becomes the cancellation of a decision pursuant to § 3 (a) or § 11, the sentence of the second Code of Law or § 20 of the Allocation Act, after the withdrawal of the relevant provisions of the Arrested Land Agreement, once again taken over, it is, if it is taken over under the Revision Decision (§ 2 (2)), the compensation (acceptance price), which is provided for in § § 41 et seq. of the subsequent Replacement Act.
(2) For land to be expropriated pursuant to Paragraph 1 (3), compensation shall be granted at the rate of the average general price over the last 10 years prior to the expropriation or at the rate of the general price at the time of expropriation, if this is lower but always reduced by 20%.
(3) Paragraph 52 of the Allocation Act shall apply mutatis mutandis to compensation for the residual goods taken over, where the compensation may not exceed the price referred to in paragraph 2.
(4) The provisions on replacement books and replacement banks shall apply mutatis mutandis to the method of payment of refunds provided for in paragraphs 2 and 3, in accordance with the replacement law and the rules supplementing it. At the request of the owner, compensation shall be paid in full or in part in cash in cases of special consideration, in particular where this is necessary to preserve existence.
(5) Libraries and beneficiaries whose rights will be affected by the revision of land reform under this law are liable to pay up to the amount of compensation for the property taken over. Otherwise, the relevant provisions of the Replacement Act apply mutatis mutandis to the compensation of these obligations.
Allocation.
(1) Land property acquired for the purposes of the allocation under this Act is determined together with other acquired property, unless it has been or will not be retained by the State for the purposes of the general benefit (Section 10 of the Code), nor has it been allocated yet, for the allocation
(a) small-scale farmers to supplement their agricultural, self-sufficient estate;
(b) agricultural workers, small farmers and peasant sons and daughters, in particular if they are countrymen returning to the country (Constitutional Law of 12 April 1946, No 74 Coll., on the granting of citizenship to countrymen returning to the country), to create agricultural settlements,
(c) small and medium-sized farmers to whom land has been expropriated for roads, railways and other objects of public interest after 1 January 1938;
(d) public corporations for public purposes,
(e) agricultural cooperatives for the purpose of joint management and other agricultural cooperatives for the purposes of their operation;
(f) workers, public and private workers and retailers up to an area of not more than 0,5 ha for the construction of their own house or for the establishment of a garden or for the extension of operating facilities.
(2) Forest land shall be allocated to the State, to territorial authorities or to forest cooperatives and, in exceptional cases, to individuals.
(3) In addition, applicants for the allocation referred to in paragraph 1 must demonstrate:
(a) that they are Czechoslovak nationals or that they are treated as such pursuant to § 1 or § 2 of the Constitutional Act No. 74 / 1946 Coll.,
(b) that they are Czech, Slovak or other Slavic nationalities, that they have not lost their right to vote, that they are both national and statestically reliable, and that their family members living with them in a common household are still reliable, that they are not German or Hungarian nationalities and that they have not lost their right to vote by the criminal court. The nationality provisions do not apply to persons named in Sections 1 and 6 of the Act of 19 December 1946, No 255 Coll., of the Czechoslovak army members abroad and of certain other participants in the national struggle for liberation. As regards the persons referred to in § 84 (1) of the Act of 18 July 1946, No 164 Coll., on the care of military and war victims and victims of war and fascist persecution, the provisions on nationality do not apply if they are not nationals of German or Hungarian nationality.
(4) The priority of the land allocation is the right of applicants (paragraph 1) who have won and earned national liberation combat, in particular soldiers and partisans, former political prisoners and deportees and their family members as well as legal heirs, as well as smugglers and peasants damaged by war.
(5) If there is a need for this allocation, land property acquired under this law may be exchanged for another land.
(6) The allocation procedure will be carried out by the Ministry of Agriculture (responsible for agriculture and land reform in Slovakia under the guidelines of the Ministry of Agriculture) in cooperation with the representatives of the applicants (peasant committees). The peasant committees are local and county. The local peasant committee, consisting of between 5 and 10 members, shall elect an authorised candidate (paragraphs 1 and 3) at the local national committee in whose district the land forming the subject of the revision or obtained for the purposes of the allocation and in neighbouring interest communities. The representatives of the local peasant committees shall elect a regional peasant committee at the regional national committee, which may have a maximum of 10 members.
(7) The provisions of Paragraph 77 of the Replacement Act apply to the determination of the allocation prices, in which the reductions and surcharges referred to in that provision are used instead for the purposes mentioned therein to make the allocation price cheaper.
(8) The provisions of Part Four of the Act of 8 May 1947, No. 90 Coll., on the implementation of the library order of the parties to confiscated enemy property and on the modification of certain legal regimes applicable to the allocated property shall apply mutatis mutandis to the adjustment of the legal regimes applicable to the allocated land.
(9) More detailed provisions for the implementation of the provisions of paragraphs 1 to 8, in particular the maximum permissible area of allocation, land exchange and the composition, establishment and competence of the peasant commissions, shall be laid down by the Government by regulation.
Employee security.
(1) The provisions of Section 1 (3) of the Replacement Act and the provisions supplementing it by the Act of 30 January 1947, No. 16 Coll., on the placement and other arrangements of employees on confiscated agricultural property and their family members, the validity and effectiveness of which are extended to Slovakia in respect of the provisions of this Section, shall apply to the security of workers on land property which has been seized or acquired under this Act.
1. Where the Act No. 16 / 1947 Coll. refers to confiscated agricultural property, after its confiscation under the decree of the President of the Republic of 21 June 1945, No. 12 Coll., the confiscation and accelerated distribution of the agricultural property of Germans, Hungarians, as well as traitors and enemies of the Czech and Slovak peoples, this means property taken over or expropriated in this Act, after taking over or expropriation under this law;
2. where the National Land Fund at the Ministry of Agriculture is referred to in Act No. 16 / 1947 Coll. this means the Ministry of Agriculture;
3. Paragraph 5 (1) and (2) of Act No. 16 / 1947 Coll. also applies to employees who are subject to the conditions laid down in § 2 (1) (a) and (b) of the same Act, but with whom the employment (service) ratio was untied without their fault as a result of the revision of the first land reform;
4. in § § § 1 and § 2 of Act No. 16 / 1947 Coll. on 23 June 1945, the date on which the property will be taken over or expropriated under this Act;
5. employees referred to in § 4 of Act No. 16 / 1947 Coll. may apply for an allocation, in which they have priority rights as a group of persons referred to in § 8, paragraph 4;
6. in accordance with Article 5 of Act No. 16 / 1947 Coll., the holders of public insurance shall grant an old-age or invalidity pension starting on the date on which the employee's employment on the property taken over or acquired as a result of the revision ended;
7. place of 23 June 1945 and the initial effective date of Act No. 16 / 1947 Coll., referred to in § 6 of Act No. 16 / 1947 Coll., begins with the initial effective day of the Act;
8. The application pursuant to Article 8 of Act No. 16 / 1947 Coll. is submitted within 60 days of the date on which the property will be taken over or expropriated;
9. Paragraph 8 (2) of Act No. 16 / 1947 Coll., in so far as it applies to rights arising from an earlier employment relationship, shall not apply;
10. For Slovakia, as regards Sections 9 and 11 of Act No. 16 / 1947 Coll., instead of the provisions of Decree No. 12 / 1945 Coll. and 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, similar provisions of the Slovak National Council Decree of 23 August 1945, No. 104 Coll. on confiscation and accelerated distribution of agricultural assets of Germans, Hungarians, as well as traitors and enemies of the Slovak people, as amended by the Decree of the Slovak National Council of 14 May 1946, No. 64 Coll.
(2) The Minister of Agriculture is hereby authorised to amend and declare in the Collection of Laws and Regulations the text of Act No. 16 / 1947 Coll. for the purposes of this Act in a continuous sequence of paragraphs 1.
Funds.
(1) The financial costs associated with the implementation of this Act shall be reimbursed from the replacement fund, following the case of the State Colonial Fund, in accordance with the provisions of the replacement law.
(2) The advance of CZK 150 million under Section 79 of the Replacement Act will be returned by the Ministry of Agriculture from the surplus of the Land Reform Fund (Section 13) after carrying out the tasks provided for by this Act. At the same time, the other obligations arising from the implementation of the Land Reform under the Law on Land Reform and the Fund's claims on financial management and state-owned enterprises will also be due, unless they have already been taken into account in the State's obligations towards the Land Reform Fund under Paragraph 40 of the Replacement Act.
(3) The financial administration will gradually release, as necessary, for the replacement fund, after the Land Reform Fund, the advance of CZK 150 million, in which 100 million CZK is intended for the Czech and Moravian-Silesian countries, 50 million CZK for Slovakia for the surplus which will result from the accounts referred to in paragraph 2.
Property benefits on seized property.
Paragraph 1 to 4 of the Law of 12 August 1921, No 323 Coll., which further regulates the benefit of property and of the increase in property in respect of property acquired, as amended by the laws amending it, shall apply mutatis mutandis to property benefits under the Law of 15 May 1946, No 134 Coll., on the benefit of property gain and on the benefit of property, with the following derogations:
1. If the seized property is taken over in whole or in part within 10 years of the initial date of application of this Act, the proportional part of the property benefit and the property increase levy which the previous owner is obliged to receive shall be deducted on the following grounds:
(a) the asset benefit is higher than the compensation provided for in this law, if the value of the asset seized is higher for the purposes of that benefit;
(b) an increase in property levy where the amount to be assessed by each item of property and rights belonging to the acquired property, as an increase in property, reduced by the value of the property losses incurred by the same items and rights, is higher than the compensation payable under the provisions of this law. If it is not possible to establish entitlement to the levy in this way, the amount referred to in the previous sentence, in the same proportion as the value of the asset acquired, calculated for the asset benefit, shall be reduced to the refund, after the proportion, without any premium or deduction, if the previous owner were obliged to pay the asset benefit.
2. If the situation of the property taken over has deteriorated between 15 November 1945 and the date of taking over in such a way that the deterioration has had an effect on the fixing of the refund, this loss shall be added, if the right to write off the benefit is to be established, in accordance with No 1, to the refund. On the other hand, the value of the investments that took place after 15 November 1945 when determining the compensation shall be deducted.
Management of land reform funds.
(1) The management of the funds of the first land reform is the responsibility of the Ministry of Agriculture, which exercises it in principle in Slovakia through the delegation of agriculture and land reform, in which it will also set up special accounts for Slovakia. According to the accounts on 31 December 1938, all the profit and loss accounts relating to the territory of Slovakia shall be established. According to the ratio of these undisputed items of the territory of Slovakia to the whole of the same uncontested items, the effects which cannot be determined locally according to the previous sentence shall be transferred to the Slovak accounts.
(2) The Fund for the provision of large-scale workers will create an account for Slovakia to which it will normally transfer the remuneration capital according to the ratio of the pension rights of the Slovak pensioners to those of the other national territory against the Fund.
(3) The scope of the curatorium of the Fund for the provision of measures for large-scale workers and the right of state supervision pursuant to § 22 (1) of the Decree of 8 February 1923 on the establishment of a fund for measures for large-scale workers is transferred to the Ministry of Agriculture.
(4) The adjustment of the ratios of the postal savings bank as a replacement bank for land reform (Section 39 of the Act of 23 September 1930, No 143 Coll., on the postal savings bank) and the Fund of Czechoslovak Legionaries for Land Reform will be implemented by government regulation.
The Ministry of Agriculture, in agreement with the Ministry of Finance and the Supreme Accounting Audit Office, in Slovakia, also after the comments of the delegates of agriculture and land reform and finance delegation, will dispose of the replacement fund, the State Colonial Fund, the land reform replacement bank, the compensation of the mutual claims of these funds with the State administration and state enterprises, and will transfer their rights and obligations to the Land Reform Fund which it will establish. The date on which the merger takes place shall be published by the Minister for Agriculture in the Official Journal and in the Official Journal (Official Journal).
Jurisdiction and implementation of the library order.
(1) In the countries of the Czech and Moravian-Silesian National Land Fund at the Ministry of Agriculture, Slovakia responsible for agriculture and land reform.
(2) The Ministry of Agriculture may transfer the decree published in the Collection of Laws and Regulations to the National Land Fund of the Ministry of Agriculture, Slovakia on the responsibility of agriculture and land reform
(a) the provision of library order on all land covered by the first land reform laws;
(b) land management care allocated under the rules of the First Land Reform Act;
(c) the implementation of the provisions on the legal situation applicable to land allocated under the allocation and small allocation law and under this law.
(3) Paragraph 5, paragraphs 2 and 3, § 6, § 10, § 11, paragraphs 1 and 2, § 12 to 14, § 16, paragraphs 1 and 2, § 17 to 21, § 30, § 31, § 33 and § 34 of Act No. 90 / 1947, § 11, § 5, § 2 and § 3 and § 6 may, however, be used only for those parcels of property taken over [§ 18, paragraph (a)], the parties to which the note of the intended take-over is entered in the public register under Article 9 of the replacement law.
Treatment of property subject to revision.
(1) Any disposal between the living, real distribution of ownership, smuggling or encumbrance of land referred to in Paragraph 1 shall be invalid from 11 July 1947 for the period of revision without the approval of the Ministry of Agriculture; in Slovakia, the assent of the Agriculture and Land Reform Board pursuant to the guidelines of the Ministry of Agriculture. In the same way, without the approval of the Ministry of Agriculture (the authority responsible for agriculture and land reform), the enforcement burden on this property is inadmissible if it is not about securing or recovering taxes, fees and other public benefits, as well as the opening of an auction procedure for that property.
(2) Other provisions of § 29 of Act No. 90 / 1947 Coll.
Exemptions from revision.
(1) The provisions of this Act do not apply to:
(a) land property referred to in Article 1 (1), where it is owned by the State, by the territorial authorities or by the working and economic communities (cooperatives), with the exception of those communities (cooperatives) whose membership shares are mainly in the hands of spouses, persons related to a number of direct or subsidiary persons up to the fourth degree, or persons with them in the same degree of self-employed persons, and in the land of non-economic persons, in Slovakia also in the urban municipalities, composesorates and grassland communities;
(b) land confiscated under Decree No. 12 / 1945 Coll., Decree of the President of the Republic of 25 October 1945, No. 108 Coll., on confiscation of hostile assets and National Recovery Funds, or under Regulation No. 104 / 1945 Coll. SNR, as amended by Regulation No. 64 / 1946 Coll. SNR,
(c) property which has been nationalised under the Decree of the President of the Republic of 24 October 1945, No 100 Coll., on the nationalisation of mines and certain industrial enterprises, or under the Decree of the President of the Republic of 24 October 1945, No 101 Coll., on the nationalisation of certain undertakings of the food industry, and on property which, pursuant to the provisions of § 1, paragraph 3, (b) of Decree No 101 / 1945 Coll. as a peasant stock sugar factory or refinery, is to be converted into a cooperative undertaking, provided that the industrial undertakings have a raw base for their production and are necessary for the proper operation and development of the undertaking;
(d) breeding undertakings which have received a seed and planting permit in accordance with the relevant rules before the initial date of application of this law, provided that they actually carry out this activity and that the Ministry of Agriculture (responsible for agriculture and land reform) considers it necessary on a proposal from the Single Union of Farmers concerned.
(2) The Minister of Agriculture shall, on a proposal from the Minister of Industry and, as regards the food industry, on a proposal from the Minister of Nutrition, Slovakia, also exclude from the scope of this Act the land of industrial undertakings other than those referred to in paragraph 1 (c) if they are necessary for the proper operation and development of the undertaking.
Driving.
For the management under this Act, including the expropriation of land pursuant to § 1 (3), the relevant provisions of the Code Act and the additional laws apply - subject to § 8. The Government may, by regulation, adjust the administrative time limits and, where necessary, other provisions of these Rules of Procedure.
Application of Act No. 90 / 1947 Coll.
If reference is made in this Act to the provisions of Act No. 90 / 1947 Coll.,
(a) property seized by land property which has been taken over in the first land reform or under this Act, including real estate which has been provided or provided by the owner for the purpose of land reform or land treatment related to land reform (property taken over);
(b) the Fund, unless otherwise provided for in Article 14 (1) or otherwise provided for in Article 14 (2), the Ministry of Agriculture, Slovakia, responsible for agriculture and land reform, acting under the guidelines of the Ministry of Agriculture.
Payment provisions.
Section 56 to 59 of the Allocation Act and Sections 82 and 83 of the Replacement Act apply to fees.
Final provision.
This Act shall take effect on the day of its publication; it shall be implemented by the Minister for Agriculture in agreement with the participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Děuriš v. r.
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Regulation Information
| Citation | Act No. 142 / 1947 Coll., on the Revision of First Land Reform |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.08.1947 |
|---|---|
| Effective from | 12.08.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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