Act No. 187 / 1948 Coll.
Law on the Central Council of Cooperatives
Valid
Effective from 03.08.1948
187.
Law
of 21 July 1948
on the Central Board of Cooperatives.
The National Assembly of the Czechoslovak Republic decided on the following Act:
(1) Cooperatives established pursuant to the Law of 9 April 1873, No 70 of 9 April 1873, on profitable and economic communities (hereinafter referred to as "cooperatives"), and cooperatives established under the Law of 9 April 1875, on the Commercial Act, or under the Law of Article XXIII / 1898, on economic and commercial credit cooperatives, are obliged to be associated at the Central Council of Cooperatives.
(2) The Central Council of Cooperatives is established as a separate legal entity with its head office in Prague, bringing together folk cooperatives.
(1) The task of the Central Council of Cooperatives is to provide for the creation and development of a uniformly organised cooperative movement as a means of increasing the standard of living of members and other working people. To that end, in particular:
(a) concentrate and organise all cooperatives;
(b) defend and promote the interests of cooperatives and their members for the benefit of the whole;
(c) representing, on the outside, the interests of the cooperative movement, taking into account the needs of the single economic plan and the public interest;
(d) supervise cooperatives;
(e) disseminate cooperative principles;
(f) keep the cooperative cooperatives and other public informed on all matters by editorial and publicity activities;
(g) provide the public administration with the necessary information on the cooperative movement;
(h) nurture and deepen cooperative education;
(i) provide legal protection to cooperatives and advise them on all cooperative, technical and economic issues;
j) represents the cooperative movement in international relations.
(2) The central council of cooperatives is to be heard before the directives are issued by cooperative policy and when drafting draft laws, regulations and other measures of government, ministers and central authorities concerning the cooperative movement.
(1) For cooperatives in Slovakia, the Slovak Council of Cooperatives is established as a separate legal entity based in Bratislava, which is the regional authority of the Central Council of Cooperatives. Its task is to ensure, in the spirit of state unity, cooperative societies in Slovakia, in particular with regard to the tasks calculated in Sections 2 (1) (a) to (i) and 5, 11 and 13, in accordance with the uniform guidelines issued by the Central Council of Cooperatives' body in accordance with the Statutes.
(2) The Slovak Council of Cooperatives is heard in the preparation of the draft laws of the Slovak National Council, the regulation of the College of Authors (delegates) and other measures of this College, delegates and delegates concerning the cooperative movement.
(1) A compulsory member of the Central Council of Cooperatives is each cooperative, registered in the corporate register. The membership shall cease to exist by deleting the cooperative from the register.
(2) Outside the cooperatives referred to in paragraph 1, the members of the Central Council of the Cooperatives shall also be obliged to the constitution of the People's Money Company and the People's Capital Headquarters established as cooperatives under the Act of 20 July 1948, No 181 Coll., on the organisation of the Money Company, as well as legal entities other than cooperatives whose activities in conformity with the subject of business (purpose), as determined by the Statutes (social contract, charter), are, in fact, largely dependent on housing. The provisions of this Law shall apply mutatis mutandis to all such associations.
(1) The cooperatives are required to fulfil the duties which they will be required by the statutes or resolutions of the Central Board of Cooperatives.
(2) The cooperatives continue to be subject to a revision under the Act of 10 June 1903, No 133, on the revision of the communities of profit and economic and other associations, pursuant to the Government Decree of 2 May 1939, No 85 of the SLA, on the modification of cooperative regimes, and under the Decree of 7 June 1943, No 75 of the SLA, on the granting of a revised authorisation to the Association of Employees' Cooperatives, but with the change that the revision is carried out by the Central Council of Cooperatives, with the exception of the institutions of the People's Money and People's Headquarters, for which the revision is carried out by the Ministry of Finance.
(3) In the exercise of its powers under this Act, the Central Board of Cooperatives may also:
(a) to authorise the exercise of the supervision of its agent, who is entitled to cease the enforcement of the orders of the cooperative bodies contrary to the rules;
(b) withdraw the cooperative's authorities, if they do not fulfil the obligations imposed on them by law, by a single economic plan or by the statutes of the cooperative, or harm the cooperative's idea, and appoint a replacement body for the remainder of their term of office.
(4) A complaint may be lodged at the end of the execution of the order and at the appeal of the cooperative authorities referred to in paragraph 3 within 15 days of the date of receipt of the written decision of the Central Council of the Cooperatives to the Ministry of the matters relevant to the activities of the cooperative which initiated the intervention.
(1) Pending final adjustment (Section 7), it represents the Central Council of Cooperatives and manages its cases by a provisional board of 48 members, of which 16 members from Slovakia. In the Slovak Council of Cooperatives, this competence is for the board of directors of 16 members. The Board of Directors, two Vice-Presidents and the other members of the Board of Directors shall be appointed by the Minister for Social Welfare in agreement with the relevant Ministers. If he is chairman of the Board of Central Councils of Czech Cooperatives, he is the first Vice-President of Slovák, and vice versa.
(2) The Board of Directors is required to carry out the tasks set out in Sections 2, 1 and 2 and in Section 3. In this capacity they also manage the assets of the existing (revolutionary) Central Council of Cooperatives as well as the Slovak Council of Cooperatives whose rights and obligations are transferred to the Central Council of Cooperatives and the Slovak Council of Cooperatives established by this Act.
Statutes which determine in more detail the composition, organisation and tasks of the Central Council of Cooperatives, after the Slovak Council of Cooperatives and the rights and obligations of members, shall be issued by the Government by regulation.
The Board of Directors is obliged to convene constituent meetings according to the Statutes (§ 7) until a deadline to be determined by the Minister for Social Welfare.
Expenditure relating to the establishment and operation of the Central Council of Cooperatives and the Slovak Cooperative Council shall be borne by members' contributions and other revenue. The contributions due shall be enforced by political execution; the execution title is a statement of arrears, confirmed by the Chairman of the Central Council of Cooperatives, following the case of the Chairman of the Slovak Council of Cooperatives or their representatives.
(1) The supervision of the Central Council of Cooperatives and the Slovak Council of Cooperatives is carried out by the Ministry of Social Welfare, which may in particular:
(a) to authorise the exercise of supervision by its agent who is entitled to suspend the enforcement of their orders contrary to the rules in force;
(b) dismiss their authorities if they do not fulfil the obligations imposed on them by laws or statutes, and appoint their bodies to replace them for the remainder of their term of office.
(2) The Ministry of Social Welfare shall exercise the authorisation referred to in paragraph 1 in agreement with or on the proposal of the Ministry responsible for matters. The power of the central authorities to supervise cooperatives and trade unions of the Central Board of Cooperatives falling within their competence, as well as to issue orders and instructions to the Central Council of Cooperatives and the Slovak Cooperative Council in that field is not affected.
(1) On application or after hearing of the Central Council of Cooperatives, the Ministry may, in substance, abolish the cooperative if it violates the obligations imposed on it by law or statute or requires a public interest. For the same reason, until the decision of the Ministry, the Central Council of Cooperatives may suspend the cooperative's activities.
(2) The cancellation authorisation referred to in paragraph 1 shall include the right to appoint and, where appropriate, to appeal liquidators.
(1) The Central Association of Agricultural Cooperatives for Bohemia and Moravia, the Association of Agricultural Cooperatives in Bohemia, the Association of Agricultural Cooperatives in the Land of Moravskoslezská, the Association of Consumer Cooperatives for Bohemia and Moravia, the Association of Housing Enterprises for Bohemia and Moravia and the General Cooperative Association for Bohemia and Moravia, established by the Government Order of 3 July 1942, No. 242 Coll., on the associations of earning and economic communities, cease and their rights and obligations pass through the universal skirt without liquidation at the Central Council of Cooperatives on the day of its establishment. The provisions of Paragraph 17 (2), second sentence, shall apply mutatis mutandis to staff performing a review service in credit cooperatives.
(2) The Association of Employee Cooperatives in Bratislava, set up by the Government Order of 7 June 1943, No 75 Sl. z., expires on the date of the establishment of the Slovak Cooperative Council (§ 3); his rights and obligations pass through the universal succession without liquidation to the Slovak Council of Cooperatives.
(3) The Revision Authorisation of the Central Cooperative and Zivnosunion, the head office of the Commercial and Civil Credit Institutions and Cooperatives in Bratislava, pursuant to Government Decree No. 85 / 1939 Coll. z., passes to the Slovak Council of Cooperatives with the exception of the permission to revise the Institute of People's Money, established under Act No. 181 / 1948 Coll.
(4) In agreement with the Ministry of Social Welfare after the hearing of the Slovak Council of Cooperatives, the Ministry of Finance will decide on the settlement of issues related to the transition of the revision authorisation of the Central Cooperative and Zivnosunion, the headquarters of trade and civil credit institutions and cooperatives, to the Slovak Council of Cooperatives (paragraph 3).
The establishment of a new cooperative requires the prior written consent of the Central Council of Cooperatives.
The legal acts, documents and official acts necessary for the establishment of the Central Council of Cooperatives and the Slovak Council of Cooperatives and for the transfer of rights and obligations to the Central Council of Cooperatives and to the Slovak Council of Cooperatives pursuant to § 6 and 12 shall be exempt from fees and charges for official acts in administrative matters.
The employment relationship between the employees of the Central Council of Cooperatives and the Slovak Council of Cooperatives is private law. The provisions on public staff shall not apply to them.
The provisions of § 5, § 10, § 1, § 11, paragraph 1, sentence 2 and § 13 do not apply to the constitution of folk money, established as cooperatives, of which exclusively the provisions of Act 181 / 1948 Coll., which remain unaffected by this Act.
The validity, after applicability, of Decree-Law No 242 / 1942 Coll. as amended is changing and complementary, and of Decree-Law No 85 / 1939 Coll. and Regulations No 75 / 1943 Coll. which are contrary to the provisions of this Law and the Decree of 21 June 1939, No 140 Coll. on certain measures relating to associations and cooperatives, is hereby repealed.
This Act shall take effect on the day of its publication; It shall be carried out by the Minister for Social Welfare in agreement with participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Kliment v. r.
for Minister Erbana
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Regulation Information
| Citation | Act No. 187 / 1948 Coll., on the Central Council of Cooperatives |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.08.1948 |
|---|---|
| Effective from | 03.08.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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