Decree of the Ministry of Agriculture, Forestry and Water Management No. 144 / 1960 Coll.
Ordinance on the operation and cooperation of auxiliary and ancillary production in single agricultural cooperatives
Valid
Effective from 10.10.1960
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144
DECLARATION
Ministry of Agriculture, Forestry and Water Management
of 26 September 1960
on the operation and cooperation of auxiliary and ancillary production in single agricultural cooperatives
The Ministry of Agriculture, Forestry and Water Management provides in agreement with the participating central authorities and authorities pursuant to Sections 14, 38 and 61 of Act No. 49 / 1959 Coll., on Uniform Agricultural Cooperatives:
Auxiliary and associated production
Purpose and scope
(1) In order to develop agricultural and forestry production, to improve the use of means of production, the qualification of workers, the use of own and local material resources and the full application of the work of members, in particular at the time of plant welfare, a single agricultural cooperative (hereinafter referred to as "cooperative ') may operate auxiliary and associated production. This activity must not be used for private business and its operation must not jeopardise the core activities of the cooperative.
(2) Auxiliary production means an activity which enables the more intensive implementation of agricultural production, in particular by ensuring its fluidity, integrity and the lifetime of the cooperative's production facilities by maintaining economic machinery, vehicles, tools, by performing forging, forging, collage, repair of buildings, etc.
(3) The associated production is an activity aimed at the full application of the work of cooperatives throughout the year and at the use of local resources, in which agricultural products and their waste are processed, the extraction of sand, gravel and stone, the production of certain types of building materials, etc.
(1) The cooperative must not engage in an activity the operation of which is solely for certain undertakings or sectors of the national economy. The processing of food raw materials for consumers other than cooperatives or for the cooperative's own common economy may be carried out by the cooperative only with the agreement of the Ministry of Food Industry. In carrying out another activity, in particular if it exceeds the cooperative's own needs, the cooperative shall be obliged to follow the instructions given for that activity by the competent central authority or authority.
(2) If the cooperative decides to operate auxiliary and associated production, it is required to indicate in its own statutes which of these activities and to what extent it will operate. The cooperative may only carry out auxiliary and ancillary production to the extent specified in its own statutes.
Mutual cooperation between cooperatives
(1) Cooperatives may combine their material and financial resources as well as the work of their members to carry out more effectively the economic activity which is in the interest of developing their agricultural production. It shall in particular do so for the joint operation of auxiliary and ancillary production and the carrying out of agricultural investment construction by itself. Cooperative cooperation is a guiding principle of this joint economic activity in order to develop production forces and agricultural relations and raise the standard of living of cooperatives.
(2) Cooperatives may cooperate in particular:
(a) in ensuring the development of plant and animal production, mainly in the breeding of bovine animals for the purpose of its recovery and improved use of pastures, fattening of pigs, hatching and poultry farming;
combating pests and crop diseases, preventing and combating livestock diseases;
(b) in the associated production, mainly in the processing of agricultural products and their waste (drying of potatoes and beets, mixing of feedingstuffs, production of wicker, straw and reeds, solomite of rapeseed and licus of maize, sunflower and tobacco waste, etc.),
the use of local raw material resources (sand, gravel, stone, brick clay, etc.),
in the manufacture of building materials (cement products, bricks, blocks, lime etc.),
repair and maintenance of machinery, machinery, tools and buildings;
for professional repairs of electrical appliances, machines and sampling equipment (installations) in cooperative buildings,
when carrying out self-supporting investment construction;
(c) setting up apprenticeship centres and increasing the professional qualifications of members of cooperatives and setting up joint social and cultural facilities.
(3) Paragraph 2 (1) shall apply mutatis mutandis to cooperative cooperation.
(4) Cooperative cooperation may take a lower or higher form.
(5) The principle of voluntary participation applies to all types of cooperative cooperation.
Lower form of cooperative cooperation
(1) In the case of a lower form of cooperative cooperation, the activity shall be for a limited period of time in which no separate legal entity is created.
(2) Where, in the context of cooperation, a cooperative provides other or more cooperatives with its means of production, normal work or services for use by cooperatives, there is no need to conclude a written contract for such cooperation.
(3) A written cooperation agreement will be concluded by cooperatives in cases where joint funds and investments are needed for this activity (for grazing of young cattle, sand extraction with a limited time or with a limited time of extraction, etc.).
(4) If a written cooperation agreement is concluded, cooperatives may entrust one of the participating cooperatives with the provision of joint management.
(5) The written contract must include:
(a) the names of the cooperatives concluding the contract;
(b) the subject matter and scope of the cooperative activity;
(c) the manner and forms of participation of cooperatives involved in cooperative cooperation and their results;
(d) the period for which the contract is concluded.
Depending on the nature and extent of the cooperation, the contract may contain further provisions.
(6) For the validity of a written agreement on cooperation between cooperatives, its approval shall be required by the membership meetings of all participating cooperatives. However, in cases of normal cooperation, the Board of Directors of the Cooperative may delegate the approval of the contract.
(1) The work required in the joint operation of cooperatives is carried out in principle by the workers of cooperatives involved in the contract.
(2) Cooperative workers working on tasks arising from the cooperation agreement are always remunerated by their own cooperative for carrying out such work.
The costs of cooperation shall be borne by the participating cooperatives in respect of material, labour and financial contributions. The funds for the reimbursement of the costs associated with the management, management and operation and, where appropriate, the necessary investment construction shall be provided by the cooperatives in the manner laid down in the cooperation agreement.
Higher form of cooperative cooperation - joint cooperative enterprise of single agricultural cooperatives
Purpose
(1) A higher form of economic cooperation between cooperatives is a joint cooperative undertaking of single agricultural cooperatives (hereinafter referred to as "the undertaking"), which may establish cooperatives for the purpose of joint operation of an economic activity of a larger and more permanent nature. The company is a separate socialist legal entity and is registered in the company register.
(2) Other socialist organisations may also be members of the enterprise. A natural person may not be a member of an undertaking.
(3) The provisions of Act No. 53 / 1954 Coll., on People's Cooperatives and on Cooperative Organisations, do not apply to undertakings. The companies are not covered by Act No. 69 / 1958 Coll., on Economic Relations between Socialist Organisations.
Contract establishing an undertaking
(1) In order to establish an undertaking, written contracts for its establishment, approved by the membership meeting of each participating cooperative and by another socialist organisation, approved by its superior body, are needed. The members of the cooperative meeting approving the conclusion of a contract establishing an undertaking, the accession to an undertaking, the establishment of a new activity, the extension and, where appropriate, the cancellation of one of the activities shall require the presence of two thirds of the cooperative members.
(2) The contract establishing an undertaking must contain:
(a) the names of all cooperatives and, where appropriate, other socialist organisations concluding the contract;
(b) the subject matter and scope of the activity to which cooperatives or other socialist organisations set up an undertaking;
(c) the name and registered office of the undertaking (Section 10);
(d) how the company is managed (§ 11 to 16);
(e) provisions on the size and manner of the provision of basic shares by individual members and the purpose and extent of their use;
(f) the manner and forms of participation of members in and the results thereof;
(g) the rights and obligations of the members of the undertaking (Sections 17 and 18);
(h) the management provision (§ 19 to 23).
(3) Depending on the nature and size of the undertaking, the contract may contain further provisions.
Establishment of the enterprise
The undertaking shall be established on the date of approval of the contract establishing the undertaking by the competent national committee.
Name and registered office of undertaking
The name of the holding must be derived from the activity of the holding and must indicate that it is a joint cooperative undertaking of the single agricultural cooperatives and the registered office of the holding.
Organisation and management
(1) The highest authority of the undertaking shall be the College of Representatives of the members of the undertaking (hereinafter referred to as the College). The other bodies of the company are the chairman and the board of directors as managing bodies and the review committee as a supervisory body. The Chair shall be directly subordinate to the heads of the operational, technical and functional departments and accounting offices.
(2) The term of office of the bodies of the undertaking shall be two years.
Assembly of Representatives
(1) The representative of the cooperative and its alternate shall elect and withdraw the members' meeting of the cooperative. The Director (Head) or his authorised representative shall be the representative of another Socialist organisation in the College.
(2) The Board shall be convened by its chairman as necessary, but at least once every three months, at least one week in advance in writing, specifying the place, time and agenda. The President shall be obliged to convene the College even if at least one third of the representatives of all the members or of the review committee so request.
(3) A vote may be held in force with the participation of at least two thirds of the representatives of all members of the undertaking. If a two-thirds majority of the representatives of all members are not required at the meeting of the College at the time of the meeting, the Board shall be entitled, after one hour, to vote in the presence of at least half of the representatives of all the members of the undertaking. The approval of an absolute majority of representatives present shall be required for the resolution of the College. When voting, each member of the College shall have one vote. In the event of a tie, they shall pay for the proposal for which the President has voted.
(4) It is for the College to decide on all important matters of the undertaking, in particular:
(a) approve the organisational and operational rules;
(b) approve long-term plans and annual production plans;
(c) approve the undertaking's annual accounts, accounts and financial settlement with its members;
(d) decide on the use of profit;
(e) approve the method of payment of any losses;
(f) determine the amount of the additional shares;
(g) approve the admission and removal of members from the undertaking;
(h) elect and dismiss from among its members the Chairperson, Vice-President and other members of the Board of Directors;
(ch) elect and dismiss members of the review committee of the undertaking;
(i) discuss and decide on the report of the review committee.
(5) The Chairman of the Board shall also be Chairman of the Board.
(6) Each member of the undertaking shall send one representative to the College. A representative of a member of an undertaking shall not be a kulak or any other member of the former exploitation class. Where the number of representatives is less than 12, each member of the holding shall send more than one but the same number of representatives so that the College has at least 12 members.
(7) The function in the College is fair and the delegates are paid by the sending member of the lost remuneration (earnings) and the actual expenses associated with the function.
Board of Directors
(1) The Board shall have between 5 and 9 members, depending on the number of members of the holding, including the President and Vice-President. The Board of Directors shall manage the normal business of the undertaking and decide on all matters which are not reserved for other bodies. In cases of particular urgency, the Board may decide on the matters the decision of which is reserved for the College; the Board shall inform the Board of Directors of this decision.
(2) The Board shall meet as necessary but at least once every 14 days and shall be convened by its Chairman. The Board of Directors shall be able to vote if the majority of its members are present. The Board's resolution is valid if the majority of the members present vote for them. In the event of a tie, they shall pay for the proposal for which the President has voted.
(3) The Board of Directors is responsible in particular for:
(a) to submit to the College for consideration a draft of the long-term plan and the annual production plan of the undertaking within the deadlines set for the preparation of the business plans;
(b) submit the annual accounts of the undertaking to the College for consideration and approval;
(c) ensure compliance with financial and payment discipline and keeping accurate accounting records;
(d) submit investment plans and material supplies to the College for approval and ensure both planned investment and supply;
(e) ensure that all operational, safety, fire, hygiene and health and other regulations are complied with;
(f) ensure that material funds are used as efficiently and economically as possible and do not allow excessive material stocks to be created and use local and own material resources as far as possible;
(g) ensure that industrial methods are implemented as far as possible;
(h) receive and release employees of the undertaking;
(ch) to take care of the establishment of apprenticeship centres for both the needs of the enterprise and for the members of the enterprise;
(i) take care of the professional qualifications of all workers through the organisation of farm labour schools, by selecting and broadcasting the best and most skilled workers in training for qualified workers;
(j) ensure the development and monitoring and evaluation of socialist competition within the undertaking and with other undertakings;
(k) prepare the documents for the proceedings of the College.
The President
(1) The President shall direct and act on behalf of the undertaking on a daily basis.
(2) The President shall be responsible for the implementation of the resolutions of the College and the Board of Directors as well as for compliance with the financial, contractual and labour discipline of the undertaking.
(3) The President shall represent the undertaking before the authorities, courts and the public.
(4) The documents giving rise to the rights and obligations of the undertaking shall be signed by the President and one member of the Board of Directors. The ordinary documents of a financial nature shall be signed by the President, with the accounting officer and with the technical officer of the undertaking. Other ordinary documents of a general nature shall be signed by the President or the Vice-President.
(5) The Chairman shall convene regular working meetings with the management of the undertaking and shall ensure that they carry out their duties.
(6) The Vice-President shall be represented in his absence.
Revision Commission
(1) The Revision Commission is the supervisory body of the undertaking, independent of its Board of Directors and the President; only corresponds to the College. The review committee shall have between 3 and 5 members by number of members of the undertaking.
(2) The Chairman, Vice-President and other members of the board of directors and employees of the undertaking cannot be a member of the review committee. Neither can the members of the review committee be those who are among themselves and against the President, the Vice-President and other members of the Board of Directors in a marital or kinship relationship to the second degree. The review committee shall elect a chairman from among its number. The function of chairman and members of the review committee shall be fair.
(3) The Revision Committee checks and checks all, in particular the production, economic and financial activities of the undertaking and its bodies, and for this purpose checks each quarter
(a) the performance of manufacturing tasks in all sectors of activity;
(b) the implementation of the annual production plans;
(c) the undertaking's debts and liabilities;
(d) payment documents and compliance with performance standards;
(e) the accuracy and punctuality of the accounting documents and entries;
(f) the state and movement of both own and other assets, in particular the assets hired.
(4) The Revision Commission checks in particular, at each revision and examination, whether the company's authorities and staff comply with the laws and other regulations, the resolutions of the College and whether they are in charge of the protection of business assets.
(5) Each revision or examination shall be accompanied by a brief minutes of the review committee indicating its findings.
(6) If the review committee finds the defects, it will discuss them with the board of directors. If the Board does not address the deficiencies in good time or does not agree with the measures proposed by the review committee, the review committee shall present the deficiencies identified and the proposals of the College for decision and the chairman of the Board shall convene the College without delay.
(7) A member or any worker of an undertaking has the right and obligation to contact the review committee in all irregularities concerning the undertaking. The review committee shall examine any complaint concerning the undertaking and discuss the deficiencies identified with the Board of Directors. All authorities and employees of the undertaking shall be required to submit the required documents to the review committee and provide explanations and information.
(1) In principle, the undertaking uses the employees of the members of the undertaking to carry out the production activity. If the undertaking is unable to obtain professional qualifications from the employees of the members of the undertaking, it may accept such staff into employment.
(2) Workers who are posted to work on the holding shall remain in the cooperative's and, where appropriate, in the organisation's employment relationship. They may be removed from the undertaking and replaced by other workers by both the undertaking and the cooperative or director of the organisation by mutual agreement between the undertaking and the cooperative or director of the organisation.
(3) Workers of the members of the undertaking who work in the undertaking are remunerated for the work of the cooperative or organisation which releases them for the work. The company calculates the remuneration according to the applicable standards and refers to the members of the company.
(4) In the performance of its duties, members of the Board of Directors and of the Review Committee are responsible for the reimbursement of the necessary and demonstrable expenses and the reimbursement of the loss of remuneration for the work. The remuneration shall be made on the basis of the undertaking.
Rights and obligations of members of the undertaking
(1) In particular, the members of the undertaking have the following rights:
(a) send a representative to the College and participate in the management of the undertaking;
(b) to participate in the individual production activities of the undertaking within the limits laid down by the contract;
(c) to participate in the collection of goods, services and works of an undertaking to the extent provided for in the contract;
(d) to participate in the distribution of potential profits from the company's economy (§ 22);
(e) request the review committee to carry out an examination of the deficiencies in the management, management and production of the undertaking.
(2) In particular, the members of the undertaking have the following obligations:
(a) ensure that the undertaking carries out a successful production plan;
(b) to carry out the tasks arising for them from the resolutions of the board and board of directors of the undertaking;
(c) to comply with fair and fair all obligations arising from membership of the undertaking, in particular to settle the membership shares in due time;
(d) contribute to the payment of any losses reported in the company's annual accounts as well as to the payment of the deficit recorded on the cancellation of the firm, but not more than twice the share of the company (Section 22 (4)).
(1) Membership of an undertaking shall cease to exist, to exclude or to cease a member.
(2) A member of an undertaking may, for serious reasons, withdraw from the undertaking after prior written notice, if the cooperative is approved by a member meeting and if there is another socialist organisation with the agreement of its superior body.
(3) A member may withdraw from the holding on 31 December with an annual notice of notice.
(4) A member of an undertaking may be excluded if he does not consistently fulfil his obligations towards the undertaking. The Board shall decide on the exclusion on a proposal from the Board of Directors. The Board of Directors must discuss the proposal for exclusion before submitting the Board to the relevant national committee and the opinion of that body must be communicated to the Board (§ 27). A majority of at least two-thirds of all members of the College shall be required to decide on the Board.
(5) With a member acting or excluded, the undertaking shall settle property at the latest three months after the expiry of the period of notice or exclusion.
Business management
(1) The undertaking shall manage a long-term plan and annual production plan approved by the Board.
(2) The annual production plan shall be drawn up by the undertaking in accordance with the tasks of the State Plan and the needs of the members of the undertaking.
(3) The planning, budgetary and accounting year is the same as the calendar year.
(4) The company operates according to the principles of the company chozrasčet.
Member shares
(1) The funds permanently needed to carry out the planned tasks are acquired by the undertaking from its members. A member's share shall include a basic share which shall be the same for each member and a supplementary share, the amount of which shall be determined according to the number of production sectors of the undertaking and the extent to which it shall be subject. The amount of the basic interest shall be determined in the contract establishing the undertaking; the amount of the additional share shall be determined by the Board for each industry or other activity separately and may vary it according to the company's needs during its management.
(2) When setting up and starting up an undertaking, the essential means and the permanently necessary means of circulation shall be provided by the Member States. In the development of the company's activities and the ongoing expansion of basic and circulatory funds, the coverage of the basic funds must not fall below 50% by Member States. The permanently needed devices must be fully covered by the membership shares.
(3) The members of the holding shall consist of the members of the holding in the form of the basic or circulatory funds necessary for the production of the business or in money. *) The Member State may pay up in two equal instalments. The first instalment shall be due on the establishment of the undertaking or on the entry of a new member into the undertaking, the second within a period fixed by the Board, but not more than one year from the date of the establishment of the undertaking or the entry of the new member into the undertaking. When expanding the company's activities or introducing a new business, members shall repay the new additional share in two equal instalments. The first instalment shall be payable within 1 month of the determination of the amount of the new supplementary share by the Board and the second within the time limit set by the Board, but not more than one year after its establishment.
(1) If the undertaking takes over the use of the building, construction, equipment, means of transport and other basic means of production from members, the Board shall, after consulting the various members, provide for compensation for the use of the basic means in accordance with the applicable rules. The same applies if the undertaking carries out the extraction of sand, stone, clay, etc. on the land of the undertaking by its members into use.
(2) In order to cover the costs of the management, the undertaking shall use sales for products, works and services supplied or carried out for members, in exceptional cases and for non-members of the undertaking.
(3) The company invokes the company's products, works and services during the year at prices established on the basis of plan calculations of its own costs, works and services. Such calculations shall include an appropriate premium for the extended reproduction of its basic and circulatory assets. At the end of the year, the firm shall account with all members on the basis of the resulting calculations of the actual own costs of products, works and services. The planned calculations of the own costs of products, works and services are part of the company's annual production plan.
(4) Non-members of the enterprise are invoiced by products, works and services at prices set by the Regional National Committee under the Decisions on Planning, Creation and Control of Prices. * *)
Funds
(1) Any profits of the company shall be used for the subsidy:
(a) an investment fund;
(b) the operational fund.
(2) The investment fund is established from:
(a) subsidies on the company's profits;
(b) interest on the investment contribution of the firm;
(c) any other resources.
(3) The operating fund shall be made up of subsidies from the profits of the undertaking, or from other sources, and shall be used to finance the company's circulation. The operational fund shall be reduced at the end of the year by any losses deducted from that fund.
(4) Any loss of an undertaking shall be written off in accordance with the decisions of the College when approving the annual accounts for the operational fund, up to the balance of that fund. If the Fund is not sufficient to pay in full, the remainder shall be distributed among the members according to their shares (§ 17); If the remainder of the loss is not paid in this way, the outstanding amount shall be transferred to the next year.
(1) If the company's own resources are not sufficient to finance its economic activity, the company may apply to the Czechoslovak State Bank for a loan under a contract according to the principles applicable to the financing and lending of economic organisations by the Czechoslovak State Bank.
(2) The undertaking shall keep accurate and timely accounts of its activities and draw up statements of its activities to the extent specified by the specific rules.
Repeal of the undertaking
(1) An undertaking may be abolished by a decision of the authority which has given its consent to establish an undertaking if the undertaking violates the gross obligations imposed on it by contract, legislation, state development plan for the national economy or if the general interest so requires.
(2) In this case the firm shall be wound up. During the period of liquidation, the undertaking shall use its name with a liquidation supplement.
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Regulation Information
| Citation | Decree of the Ministry of Agriculture, Forestry and Water No 144 / 1960 Coll., on the operation of auxiliary and associated production in single agricultural cooperatives and their cooperation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.10.1960 |
|---|---|
| Effective from | 10.10.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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