Decree No. 146 / 1948 Coll.
Decree declaring the text of the Act on the location and other arrangements of employees on confiscated agricultural property and their family members, adapted for the purposes of the Act on New Land Reform
Valid
146.
Decree of the Minister for Agriculture
of 12 May 1948
declaring the text of the Act on the location and other arrangements of employees on confiscated agricultural property and their family members, as adapted for the purposes of the Act on New Land Reform
According to Section 20, paragraph 2 of the Act of 21 March 1948, No 46 Coll., on a new land reform (permanent treatment of ownership of agricultural and forestry land), I declare in the Annex the Act of 30 January 1947, No 16 Coll., on the location and other arrangements of employees on confiscated agricultural property and their family members, as amended for the purposes of Act No. 46 / 1948 Coll.
Děuriš v. r.
Annex to Decree No. 146 / 1948 Coll.
Law
of 30 January 1947, No 16 Coll.,
on the location and other arrangements of employees on confiscated agricultural property and their family members, as provided for in Section 20, paragraph 1 of the Act of 21 March 1948, No 46 Coll., on new land reform (permanent adaptation of ownership of agricultural and forestry land).
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) Staff members who, on the day on which the land is purchased under Act No. 46 / 1948 Coll., will be employed on that land and who will be subject to additional conditions under Paragraph 2, will be recruited, if requested, by the Czechoslovak State (State Enterprise, National Land Fund for the Ministry of Agriculture, hereinafter referred to as the National Land Fund - in Slovakia entrusted with agriculture and land reform), counties, municipalities or cooperatives, in a number that is proportionate to the need for administration and management of land managed by the National Land Fund, in Slovakia entrusted with agriculture and land reform, after the case of land taken over or allocated (§ § 12 and 16 of Act No. 46 / 1948 Coll.).
(2) These staff members will be recruited in preference to all other candidates for posts corresponding to their prior education and their skills in salary and other working conditions, as laid down in the rules applicable to the adjustment of the employment relationship with the employer concerned.
(3) However, workers on redeemed land (paragraph 1) who do not comply with the conditions laid down in § 2 (1) (a) and (b) but have the required professional competence to carry out the service they are still serving may be, within the limits of the need laid down in paragraph 1, further employed in the services of the bodies referred to therein, if they can be used in addition to the staff recruited pursuant to paragraph 2.
(1) The staff members referred to in Article 1 (1) and (2) are those who:
(a) are over 18 years of age;
(b) are employed for at least two years on the date on which the land will be redeemed under Act No. 46 / 1948 Coll.
(c) remain on that land after that date and perform work or services for one of the bodies referred to in Paragraph 1 (1).
(2) The interruption of employment for a proven illness or accident or for an official commandment to another employment shall not interrupt the period laid down in paragraph 1 (b).
(1) Candidates not placed under Paragraph 1 will be incorporated into the work (Section 1 of the Government Order of 4 June 1945, No 13 Coll., on the provisional construction of the Labour Protection Offices, and Section 3, paragraph 1 (b) of the Slovak National Council Regulation of 27 November 1945, No 142 Coll. on the establishment of the Regional Labour Protection Offices and the Regional Labour Protection Office) by the competent Regional Labour Protection Office on the basis of the lists submitted to it by the bodies referred to in Section 1, paragraph 1, through the National Land Fund, in Slovakia through the responsibility of agriculture and land reform.
(2) The National Land Fund, in Slovakia responsible for agriculture and land reform, shall provide persons who will be incorporated into work outside their place of residence in accordance with the procedure referred to in paragraph 1, upon request of compensation for the necessary removal costs, but not more than CZK 6.000.
However, staff who do not apply for admission under § 1 shall not be recruited, as well as other than § 1 (1) and (3) of the said staff on the redeemed land may, if they meet the conditions laid down, apply for the allocation of land under:
(a) Act No. 46 / 1948 Coll.,
(b) the decree of the President of the Republic of 21 June 1945, No 12 Coll., on confiscation and accelerated distribution of the agricultural assets of Germans, Hungarians and traitors and enemies of the Czech and Slovak people; or
(c) the Decree of the Slovak National Council of 23 August 1945, No 104 Coll. SNR, 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. SNR, and of 19 December 1947, No 89 Coll. SNR.
In doing so, these employees have priority rights to the allocation as a group of persons with priority rights referred to in § 16, § 5 of Act No. 46 / 1948 Coll., § 7, § 6 of Decree No. 12 / 1945 Coll. or § 12 of Decree No. 104 / 1945 Coll. n. SNR.
(1) Employees referred to in § 2 who are neither admitted under § 1 (1) nor receive an allowance under § 4 and who are unable to be incorporated into work by the Labour Protection Office (§ 3) for advanced old age or for any other reason of a reduction in working capacity shall be granted an old-age or invalidity pension by the holders of public health insurance, starting on the date on which, as a result of the purchase pursuant to Law No 46 / 1948 Coll. the employment relationship of the employee in the redeemed land, as if the conditions prescribed for the granting of that pension were met on that date.
(2) The pensions provided for in paragraph 1, for the period from the date on which they are granted, to the extent that the conditions otherwise applicable to the staff member for the payment of the old-age (invalidity) pension are met, shall be replaced by insurance holders by the National Land Fund, in Slovakia entrusted with agriculture and land reform.
(1) Former workers on redeemed land, after having demonstrated to their family members that they had received regular contributions (benefits), for example pension, old-age, accident, improvement, grace gifts, etc., for their employment before 14 April 1948, provided that the conditions in question are not or are not regulated by special regulations, they will continue to be provided through the Fund for measures of large-scale workers (Section 73 of the Replacement Act of 8 April 1920, No. 329 Coll., as amended by the Law of 13 July 1962, No. 220 Coll.). The National Land Fund, in Slovakia responsible for agriculture and land reform, if the conditions laid down in § 7 (1) and (2) are met. If they are not able to be provided further, the National Land Fund, in Slovakia, will be transformed into agricultural and land reform in accordance with the applicable price regulations into cash benefits to be paid. The provisions of Paragraph 3 (2) shall also apply mutatis mutandis if the natural benefit of the use of the apartment depends on it.
(2) The provisions of paragraph 1 shall be without prejudice to the contractual or otherwise established obligation of third parties to provide such contributions or to maintain employment funds there. Entitlements arising from the performance of these obligations to former employees are transferred to the Czechoslovak State (National Land Fund, Slovakia, to the Agriculture and Land Reform Commission) if it itself paid the contributions.
(1) The condition for the provision of contributions under Paragraph 6 (1) is that contributions by the former payer have not been provided or cannot be made from the relevant fund because the former owner or other user of the purchased land is not obliged to continue or actually maintain it.
(2) Contributions shall be granted only to persons who have no other income or other assets sufficient for their own provision and for the provision of persons who are legally cared for. Only an additional contribution shall be granted to persons whose other income is not sufficient in full for that provision. If, in addition to the contribution provided for in Paragraph 6 (1), the beneficiary has a different income, the sum of the contribution provided, together with the other income, must not be more than CZK 4,000 per month.
(1) The location and other arrangements provided for in this Act are granted at the request which is submitted within 60 days of the date on which the land will be redeemed under Act No. 46 / 1948 Coll.. The application for placement shall be submitted to the body for which the applicant is working at the time of the application, after the case of his service, and shall state all the circumstances relevant to the acceptance and determination of the salary. Applications for priority land allocation as well as for arrangements under Sections 5 and 6 shall be submitted to the National Land Fund, Slovakia, to the Agriculture and Land Reform delegates. The application for one of the specified methods of location or arrangement within that period shall maintain entitlement to any other location or arrangement under this Law. In cases of special concern, the Ministry of Agriculture may waive the delay.
(2) Persons who do not submit a request within the time limit laid down in paragraph 1 shall, unless they are waived by the time limit, be entitled to the measure provided for in this Law.
The provisions of this Act shall not apply:
(a) in the Czech and Moravian-Silesian countries for persons referred to in § 1, § 1, paragraph (a) and (b) of Decree No. 12 / 1945 Coll., except for persons to whom the provisions of § 1, paragraph 2 of the same decree apply,
(b) in Slovakia, for persons referred to in § 1 (1) (a) to (c) of Regulation No 104 / 1945 Coll. SNR, as amended by Regulation No 64 / 1946 Coll. SNR and No 89 / 1947 Coll. SNR, unless they are persons for whom the provisions of § 1 (4) of that Regulation apply.
(1) Staff who are concerned by the failure to comply with their request pursuant to § 1, § 1 and § 3 and § 6, § 1 may complain to the Complaints Committee established by the Ministry of Agriculture. The complaint shall be lodged with the Commission within 15 days of the date on which the staff member received notification of non-compliance; If the application has not been decided within three months of the date on which it was lodged, the complaint shall be lodged within 15 days of the expiry of that period.
(2) They shall send to the Commission one representative of the Ministry of Agriculture, Social Welfare, Interior and Finance, the National Land Fund or the delegation of agriculture and land reform, if there are complaints from workers in the land located in Slovakia, as well as from the Central Council of Trade Unions. The Chairman of the Commission shall be a representative of the Ministry of Agriculture, its representative of the Ministry of Social Welfare.
(3) The Commission is eligible for a resolution if at least four members of the Commission are present outside the Chairperson or his representative. The Commission shall act by an absolute majority; in the event of a tie, they shall pay for decisions of opinion to which the President shall lean. The Commission's decision is final.
(4) The provisions of the Decree of 13 January 1928 of 13 January 1928, No 8 Coll., on proceedings in matters falling within the competence of the political authorities (administrative proceedings) apply otherwise.
Submissions pursuant to Articles 3, 2, 8, 1 and 10, paragraph 1 and their annexes shall be exempt from charges.
This Act shall take effect on 14 April 1948; It shall be implemented by the Ministers of Agriculture and Social Welfare in agreement with the Ministers involved.
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Regulation Information
| Citation | Decree No. 146 / 1948 Coll., declaring the text of the Act on the Location and Other Arrangements of Employees on Confiscated Agricultural Property and their Family Members, adapted for the purposes of the Act on New Land Reform |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.06.1948 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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