Act No. 145 / 1947 Coll.
Act on the Organisation of Farmers of the Czechoslovak Republic
Valid
Effective from 15.08.1947
145.
Law
of 11 July 1947
on the organisation of farmers of the Czechoslovak Republic.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) In order to build and raise agriculture and forestry and to promote and defend agricultural and forestry interests, the following shall be established:
a) United Union of Czech farmers based in Prague for Czech and Moravian-Silesian countries,
(b) United Union of Slovak Farmers (Unified Sväz Slovak Rolnnikov) based in Bratislava for Slovakia (hereinafter referred to as the "Association"); and
(c) Central Council of the Czechoslovak Republic's farmers based in Prague (hereinafter referred to as the Council).
(2) The Council, the Unions and their regional and local associations (§ 4) are self-governing corporations of public law and may acquire rights and obligations. The Council, through the Minister for Agriculture, shall be subject to government supervision; The Union referred to in paragraph 1 (a) shall be subject to the supervision of the Minister for Agriculture, the Union referred to in paragraph 1 (b), the Minister for Agriculture, carried out in principle by means of an authority responsible for agriculture and land reform.
(1) The task of the Union is to bring together farmers of Slavic nationalities of Czechoslovak nationality and to promote them in order to enhance agricultural and forestry production and to raise the economic, social and cultural levels of the countryside. They are entitled to the provisions of Paragraph 13 (2) in particular:
(a) manage the organisation of the trade union agricultural movement;
(b) to enhance agricultural and forest production;
(c) to ensure that farmers receive a fair remuneration for their work, in particular when their products are monetized;
(d) care for the cultural life of farmers;
(e) to ensure that farmers are involved in the building and management of economic, cultural and social facilities for farmers, in particular in the construction and management of the agricultural industry and the trade in agricultural products, and to build and manage such facilities;
(f) to provide an overview of the overall state of needs of farmers and to take care of their satisfaction and co-operation in pricing;
(g) take measures to support farmers affected by natural disasters;
(h) negotiate binding labour and wage agreements in agriculture and forestry on behalf of farmers.
(2) Unions are common interests for farmers, represent their interests exclusively and submit proposals and opinions through the Council on matters relating to agriculture and forestry to the legislative bodies, the government and the competent authorities. On fundamental issues relating to agriculture and forestry, the authorities are obliged to hear the Union and take account of its comments and proposals.
(3) The Minister for Agriculture may, in agreement with the relevant ministers, in the case of the President of the Supreme Price Office in Slovakia, also after the comments of the relevant delegates, transfer to the Union tasks of public interest; within six months of the effectiveness of this law, the Minister for Agriculture shall, in particular, delegate certain tasks related to the provision, support and enhancement of agricultural and forestry production. It becomes a decree in the Collection of Laws and Regulations.
(4) In order to carry out its own tasks (paragraphs 1 and 2), the Union may impose obligations on its members and in the field of delegation (paragraph 3) and non-members.
(1) The members of the Union are:
(a) owners (co-owners), smugglers and other users of agricultural or forest land from which land tax is paid - excluding gardens and garden colonies - by the area of 1 ha and above if they are over 18 years of age and manage the land themselves; and
(b) agricultural, hop, wine-growing, linseed, agricultural-educational, agricultural-horticultural and horticultural, forestry, hunting, breeding and breeding organisations and other similar establishments, without prejudice to their compulsory membership in the review associations and economic organisations of agricultural and forestry cooperatives and their central organisation, in all these cases only as separate legal persons, but not their lower organisational components and members, unless they have become members in accordance with point (a) or paragraph 2. They are also members of the Union: the State, the bundles of the Territorial Authority, other legal entities and foundations which manage on their own account on agricultural or forestry assets.
(2) Members of the Union may become:
(a) members of the family of the persons referred to in paragraph 1 (a) and owners (co-owners), smugglers and other users of agricultural and forestry land, provided that the land is run at an area of less than 1 ha and is over 18 years of age. Membership of such persons shall be subject to major agricultural or forestry activities;
(b) teachers and professors of agricultural and forestry schools and professional agricultural and forestry staff.
(3) Members of the Union are also members of their constituents (Section 4), unless otherwise specified.
(1) The associations are subdivided into:
(a) local associations; and
(b) the district association.
(2) A local association shall be established in each municipality; Where circumstances so require, a local association may be set up for several municipalities, with the agreement of the Bureau of the relevant Union. The District Association shall be established in any judicial, after the administrative district.
(3) The associations referred to in the preceding paragraph may acquire rights separately and undertake; However, where individual financial measures go beyond normal management, the approval of the Bureau of the relevant Union shall be required.
(4) For each production area and each industry, associations may establish regional associations; However, these associations do not have legal capacity. To defend the particular interests of the forestry sector, the Union shall establish a forestry association.
(1) The bodies of the Union and its components are:
1. Authorities of local associations:
(a) the General Meeting,
(b) a local committee, composed of the President, the Vice-President and six other members, all elected (Section 6);
(c) a local confidant of the various sectors of production (beets, forest owners, hop workers, winegrowers, potato farmers, liners, horse breeders, cattle breeders, pork puffs, etc.), a local confidant of agricultural women and a local confidant of agricultural youth.
2. The authorities of the regional associations:
(a) a district convention consisting of elected delegates of local associations, which are members of a local association committee from the relevant district;
(b) a district committee consisting of the President, the Vice-President and the other 10 members elected (Section 6), and the Chairpersons of the regional trade unions of the various sectors of the industry, who have only an advisory vote; the Head of the Office of the District Association (Secretariat) shall be a member of the District Committee with an advisory vote;
(c) the regional trade unions of the various sectors of production, which consist of the confidences of local associations, the regional trade unions of women, which consist of local women's confidences, and the youth trade unions of local youth.
3. Bodies of the Union:
(a) a central convention consisting of elected delegates of the regional associations;
(b) a central committee consisting of sixty elected members, the Presidents of the Central Trade Unions and the Chairpersons assigned (§ 11 (a)) to organisations which have only an advisory vote. The elected members of the Central Committee shall elect a Bureau from among themselves;
(c) a Bureau composed of the President, two Vice-Presidents, the Secretary-General and four other members;
(d) the central trade unions of each sector, consisting of the chairmen and vice-chairmen of the relevant regional associations set up for each sector (Section 4, paragraph 4).
(2) In order to defend the interests of the forestry sector, the Bureau of the Union and the Central Committees will call upon the proposal of the central forestry organisations of forest experts so that the different components of forest holdings are represented,
(a) to the Bureau of the Union - one member;
(b) to the Central Committee - ten members.
(1) The elections of the bodies of the Union shall be made as follows:
I. Election of local associations.
1. The Committee of the Local Association of the Union shall submit to the General Assembly a joint candidate list for the election of the members of the Local Association Committee. If there is no agreement in the local association committee on the candidate list, it shall be prepared by a draft committee elected by the general meeting. If a common candidate list of 1 / 5 of the members present at the General Meeting is opposed, the candidate list shall be rejected.
2. Following the rejection of the common candidate list, within 14 days, the President of the local association of the Union shall issue elections on the basis of the candidate lists drawn up by the parties represented in the National Assembly in accordance with the principles of general, equal, direct and secret voting rights and the principle of proportional representation.
3. The first elections shall be made by the Preparatory Committee.
II. Elections of the Regional Committees and Central Committees of the Union.
The elections of the regional committees and central committees of the Union shall also be conducted in accordance with the principles of direct, secret and equal voting rights and the principle of proportional representation. Only political parties represented in the National Assembly may submit a candidate list for elections to these institutions. The elections of the regional associations and bodies of the Union shall be held at the same time.
(2) The term of office of the authorities of local associations, regional associations and bodies of the Union is three years.
(3) Active voting rights are for persons who have completed 18 years, passive rights for persons who have completed 21 years. The conditions of the right of electoral, electoral, electoral procedure, the election of the bodies of the Union and its components, as well as local confidants, district and central trade unions of the Union, are governed by closer provisions (Section 7).
(1) The Minister for Agriculture, in agreement with the Minister for the Interior, shall, following a proposal from the relevant delegates, with the approval of the Government, issue implementing provisions concerning the elections of the bodies of the Union and its constituents and publish them in the Official Journal and in the Official Journal. The draft implementing provisions will be submitted to the Government by the Minister for Agriculture within six months of the initial date of application of this Act.
(2) The Statutes of the Union and the Rules of Procedure and their amendments, adopted by the meetings, shall be submitted to the Government by the Minister for Agriculture for approval and shall be published in the Official Journal and in the Official Journal.
(3) Pending the elections of the bodies of the Union and its components, the Union and its components shall represent and manage the Preparatory Committees of the Union, appointed by the Minister for Agriculture, as regards the United Union of Slovak farmers on a proposal from the Agriculture and Land Reform Officer following the draft of the political parties represented in the National Assembly. Forest experts will also be represented in the preparatory committees of the Union.
For the provision of professional and enhancement activities Unified associations of Czech farmers are established for the Czech country with its headquarters in Prague and for the Moravian-Silesian country with its seat in Brno. The members of the Central Committee of the country concerned shall supervise these tasks. Details of the organisation and competence of the offices shall be laid down in the Statutes and Rules of Procedure.
(1) The Bureau of the Unions shall establish a public or private service relationship, promote and release the staff of the Union and its components in the framework of the systemisation of service posts approved by the Ministry of Agriculture in agreement with the Ministry of Finance.
(2) If the systemisation of the posts referred to in paragraph 1 is not approved, the approval of the ministries of agriculture, interior and finance shall be provided and promoted.
(3) The service and pay ratios of these staff members (paragraph 1) shall be adjusted by the Staff Regulations and by the Staff Regulations which require the approval of the ministries of agriculture, home affairs, social welfare and finance.
(4) Staff of Union undertakings shall be subject to the salary rules applicable to the relevant group of employees.
(5) Approval shall be granted by the competent ministries, if they so agree, in accordance with paragraphs 1 to 3, if the Union of Slovak farmers is a Unified Union, after having expressed the relevant mandates.
(1) The administrative costs of the Union and its components shall be borne by the Member States by the central committee of the relevant Union, the general agricultural contributions, the special contributions, the contribution of the State and other revenue (gifts and so on).
(2) The amount of the general agricultural contributions is determined by the Ministry of Agriculture in agreement with the Ministry of Finance and the Supreme Office, after hearing the Central Committees of the Union; they are collected as tax surpluses of land. The general provisions on land tax and on tax surpluses with the exception of those on municipal surpluses shall apply mutatis mutandis to the measurement, regulation, collection and recovery of such surpluses. General agricultural contributions may also be levied on land taxpayers who are not members of the Union.
(3) The amount of the special allowances to be collected for the professional activities of the Union from which certain agricultural sectors benefit shall be determined by the Bureau of the Union with the approval of the competent central offices.
(4) Contributions not collected as land tax surpluses shall be collected directly and may be recovered by political execution on the basis of a statement of arrears confirmed by the Union.
(5) The budgets of the Union require the approval of the Minister for Agriculture and the Minister for Finance.
(6) The associations shall issue a schedule of contributions requiring the approval of the Ministers for Agriculture and Finance and the Chairman of the Supreme Bureau of Price; they shall be published by the Minister for Agriculture in the Official Journal and in the Official Journal.
(7) In the cases referred to in paragraphs 3, 5 and 6, it is appropriate to proceed with the Single Union of Slovakian Farmers after the statements of the responsible delegates.
On a proposal from the Union, the Government may, following a proposal by the Minister of the Interior made in agreement with the Minister for Agriculture, Slovakia, also after the relevant delegates have expressed their views, for a period of two years from the date of the entry into force of this Act, with regard to the organisation and equipment arising before its entry into force:
(a) to be incorporated or assigned to the existing agricultural, agricultural, horticultural, horticultural, forestry, hunting, breeding and breeding organisations and establishments into the relevant Union;
(b) abolish or merge agricultural or forestry organisation or plant;
(c) in the case of the incorporation or cancellation of organisations and establishments, to determine that their assets are transferred to the relevant Union as special-purpose assets, or that, after the satisfaction or securing of creditors, they are linked to the assets of the relevant Union.
(1) In order to establish new organisations of agricultural and forestry, production cooperatives of agricultural and forestry and other organisations (§ 3 (1) (b), which are solely or principally intended to serve the interests of agriculture or forestry, the consent of the Minister for Agriculture (in Slovakia, the Minister for Agriculture and Land Reform) and the Union is also required in addition to the otherwise prescribed authorisation. The consent shall not be required if it concerns the conversion of the undertakings referred to in § 1 (3) (b) of the Decree of the President of the Republic of 24 October 1945, No 101 Coll., to cooperatives of certain food industry enterprises. The rules of the Federal Law remain unaffected otherwise.
(2) Agricultural and forestry production cooperatives are included under this Act as cooperatives whose business is the management of agricultural or forestry land.
(1) The Association of Agriculture and Forestry for Bohemia and Moravia in Prague and the Roller Chamber in Bratislava are deleted.
(2) On the day of the entry into force of this Act, it will be transferred to the relevant Union of the former jurisdiction as well as to the assets including all rights and obligations of the Union of Agriculture and Forestry for Bohemia and Moravia in Prague and the Rolnik Chamber in Bratislava. In order to unify the competence of the Single Union of Czech Farmers with the competence of the Single Union of Slovak Farmers, the Government, acting on a proposal from the Minister of Agriculture, shall, after a statement by the Minister of Agriculture and Land Reform, lay down a regulation which shall transfer part of the competence of the Single Union of Slovak Farmers to the public authorities. The measures taken by the Preparatory Committees of the Union before this Act is effective shall be considered to have taken place under this Act.
(3) The property belonging to the German, Hungarian or fascist organisations and establishments defending the interests of farmers and pursuing the tasks to which the Union is called is transferred to the relevant Union as its property.
(4) If the destruction of agricultural and forestry organisations and facilities which have been abolished by the Union of Agriculture and Forestry for Bohemia and Moravia in Prague or by the Roller Chamber in Bratislava has not been completed or entered before the application of this Act, the relevant Union will end up in Slovakia following a proposal from the Minister for Agriculture and Land Reform.
The Council (§ 1, par. 1) is the highest interest organisation of farmers of the Czechoslovak Republic. The Unified Union of Czech Farmers in Prague and the Unified Union of Slovak Farmers in Bratislava join together.
The tasks of the Council shall be to bring the activities of the Union-associated associations into line, in particular:
1. to support the Czechoslovak farmers in the construction of agriculture and forestry, to promote and defend their common interests in order to enhance agricultural and forest production and to ensure that their economic, social and cultural levels are raised;
2. be an advisory body of the Government in all matters relating to Czechoslovak agriculture and forestry;
3. represent and defend against the authorities the interests of Czechoslovak agriculture and forestry in common issues and participate in defending the interests of Czechoslovak agriculture and forestry in international relations.
(1) The statutes of the Council, which shall specify in detail its composition - including in the light of the particular interests of forestry - and its organisation, tasks, rights and obligations, shall act on the first Council meeting. For this meeting, which will also be elected by the statutory bodies of the Council, a total of seventy-five representatives will be sent from the elected members of the Central Committee of the Unified Union of Czech Farmers in Prague and the Unified Union of Slovak Farmers in Bratislava in proportion to the number of members organised; outside these representatives, the Unified Union of Czech Farmers will send four forest experts from the members of the central committee (§ 5, par. 2). To approve the statutes and their amendments, the agreement of a two-thirds majority, on the one hand the Single Union of Czech Farmers, on the other hand representatives of the Single Union of Slovak Farmers, is needed.
(2) The Statutes of the Council and its amendments will be submitted to the Government by the Minister for Agriculture and published in the Official Journal of the Republic of Czechoslovakia.
(3) The costs associated with the activities of the Council will be borne by the Unified Union of Czech Farmers and the Unified Union of Slovak Farmers in proportion to the number of members organised.
(1) Pending final adjustment (§ 16 (1) and (2)), the Council shall represent and administer its affairs by the Interim Board, consisting of eight members of the Preparatory Committee of the Single Union of Czech Farmers in Prague, including two members of forest experts and four members of the Preparatory Committee of the Single Union of Slovak Farmers in Bratislava, including one member of the forestry expert appointed by the Minister of Agriculture on the proposal of the Preparatory Committees of the Union. The resolution requires a majority of both Czech and Slovak members of the Interim Board.
(2) It is for the Board of Governors to take all measures necessary to carry out the tasks of the Council under this Act (Sections 15 and 16).
(3) The Minister for Agriculture will convene the first meeting of the Interim Board of the Council to establish and adopt rules of procedure.
Offices, courts, holders of insurance, public institutions and corporations shall be required to support the Council and the Union in carrying out their tasks, to hear them on all matters relating to agriculture, forestry and farmers, and to report to them free of charge, necessary for their activities, unless this is excluded by law or for other important reasons.
(1) Within the limits of their public law, the Council and the Unions and their components shall be exempt from the special levy on earnings and fees, as well as from official duties on administrative and other public benefits.
(2) The assets of the Council and of the Union and their components are exempt from the fee equivalent. Real estate shall be subject to a rate of 0.3% as regards the fee equivalent from the first day of the calendar quarter following the initial effective date of this Act. Until then, the Council and the Unions shall pay the fee equivalent of the assets held by them at the rate fixed so far. In the absence of 10 years since the acquisition of the property in question, the property transferred to the Union shall be subject to the provisions of Paragraph 8, the sentence of the Second Act of 8 April 1938, No 76 Coll., on the fee equivalent.
No compensation is granted for any damage that would have been caused by the implementation of this Act (§ 11).
The legal acts and official acts necessary for the implementation of this Act shall be exempt from taxes, fees and public benefits.
Anyone who knowingly or through gross negligence fails to comply with the obligation imposed on him pursuant to Paragraph 2 (4) shall be punished, unless the offence is more strictly punishable, by the county national committee for administrative misconduct, by a fine of up to 5 000 CZK or by imprisonment within 14 days. If a fine is imposed, a replacement prison sentence shall be imposed at the same time in the event of non-availability, according to the rate of guilt, up to 14 days.
The agricultural sector under this law also means forestry and the forest owner.
(1) The applicability of the Government Decree of 22 August 1942, No 294 Coll., on the organisation of agriculture and forestry in Bohemia and Moravia, as well as the regulations issued pursuant thereto, is hereby repealed.
(2) The provisions of the Law of 2 June 1942, No 130 of the SLA, on the Roller Chamber, and of the Government Decree of 11 September 1942, No 194 of the SLA implementing Section 8, paragraph 2 of the Roller Chamber Act, are hereby repealed if they contravene the provisions of that Act.
(3) The employees of the Union of Agriculture and Forestry for Bohemia and Moravia and the workers of the Roller Chamber become employees of the relevant Union at the beginning of the effective date of this Act. An adjustment to their service will be made to the Staff Regulations and the Staff Regulations (Section 9 (3)).
This law shall take effect on the day following its publication; it shall be implemented by the Minister for Agriculture in agreement with the Ministers involved.
The provisions of Act No. 145 / 1947 Coll., on the Organisation of Farmers of the Czechoslovak Republic are hereby repealed if they contravene Act No. 68 / 1951 Coll.
Dr Beneš v. r.
Gottwald v. r.
Děuriš v. r.
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Regulation Information
| Citation | Act No. 145 / 1947 Coll., on the Organisation of Farmers of the Czechoslovak Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.08.1947 |
|---|---|
| Effective from | 15.08.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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