Decree No. 191 / 1947 Coll.
Decree declaring the text of the Act on the location and other arrangements of employees on confiscated agricultural property and their family members for the purposes of the Act on the Revision of the First Land Reform
Valid
191.
Decree of the Minister for Agriculture
of 29 October 1947
declaring the text of the Act on the location and other arrangements of employees on confiscated agricultural property and their family members for the purposes of the Act on the revision of the first land reform
According to Article 9 (2) of the Act of 11 July 1947, No 142 Coll., on the revision of the first land reform, I declare, for the purposes of this Act, 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 by § 9, paragraph 1 of Act No 142 / 1947 Coll.
Děuriš v. r.
Annex to Decree No. 191 / 1947 Coll.
Law
of 30 January 1947, No 16 Coll.,
on the location and other arrangements of employees on confiscated agricultural assets and their family members, as amended by § 9, paragraph 1 of the Act of 11 July 1947 No 142 Coll., on the revision of the first land reform.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) Staff members who, on the day on which the property is taken over or expropriated pursuant to Act No. 142 / 1947 Coll., will be employed on that property and who will fulfil the additional conditions laid down in § 2, will be recruited, if they so request, by the Czechoslovak State (State Enterprise, Ministry of Agriculture and Replacement Fund), by counties, municipalities or cooperatives, in a number commensurate with the need for land management and management, taken over and managed by the Ministry of Agriculture and by the Replacement Fund, after the land surrendered or assigned (§ 8 Act No. 142 / 1947 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, staff on property taken over or acquired (paragraph 1) who, although not complying with the conditions laid down in § 2 (1) (a) and (b), have the required competence to carry out the service they are still in, may be, within the limits of the need set out in paragraph 1, further employed in the services of the bodies referred to therein, if they can be used alongside 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) have been employed for at least two years on the date on which the property under Act No. 142 / 1947 Coll. is taken over or expropriated in the main employment;
(c) remain on that property after that date and carry out work or services for one of the bodies referred to in Paragraph 1 (1).
(2) The termination of employment for a proven illness or accident or for participation in the fight for liberation (§ 1 of the Act of 19 December 1946, No 255 Coll., on the members of the Czechoslovak army abroad and on certain other participants in the national struggle for liberation) or at all for arrest, imprisonment or internalisation for reasons of national, political or racial oppression or for the official commandment to another employment does not interrupt the period laid down in paragraph 1 (b).
(1) Candidates who will not be placed under Paragraph 1 will be incorporated into the work (Section 1 of the Decree of 4 June 1945, No 13 Coll., on the provisional construction of the Labour Protection Offices, and Section 3 (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 (1) through the Ministry of Agriculture.
(2) The Ministry of Agriculture shall, at the request of the Ministry of Agriculture, provide the persons who will be assigned to work outside their place of residence in the proceedings referred to in paragraph 1 with the compensation of the necessary removal costs, but not more than CZK 6,000.
Employees who do not apply for admission pursuant to § 1 shall, however, not be recruited and other than § 1 (1) and (3) of the above-mentioned employees may, if they comply with the conditions laid down, apply for the allocation of the property under Act No. 142 / 1947 Coll., where they have a preferential right as a group of persons referred to in § 8 (4) of the same Act.
(1) Workers referred to in Article 2 who are neither admitted under Paragraph 1 (1) nor receive an allowance under Paragraph 4 and who are not able 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 insurance, starting on the date on which, as a result of the revision under Law 142 / 1947 Coll. the employee's employment relationship with the assets taken over or acquired, as if the conditions prescribed for the grant of that pension were met on that date.
(2) Pensions provided under paragraph 1 for the period from the date on which they are granted until the conditions otherwise in force for the staff member to be entitled to an old-age (invalidity) pension are fulfilled are replaced by the Ministry of Agriculture.
(1) Former employees of the transferred or expropriated property, after having demonstrated to their family members that they had received regular contributions (benefits), for example pension, old-age, accident, improvement, grace gifts and the like, from former employers before 12 August 1947, provided that the conditions laid down in Article 7 (1) and (2) of the Act of 8 April 1920, No 329 Coll., in the version of the Act of 13 July 1922, No 220 Coll., are not or are not regulated by specific rules, the Ministry of Agriculture will continue to be provided by the Fund for the provision of large-scale workers (§ 7, paragraphs 1 and 2). In-kind benefits, if they cannot be provided, will be converted by the Ministry of Agriculture 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 (Ministry of Agriculture) if the Ministry of Agriculture itself paid contributions.
(1) The condition for the provision of contributions under Paragraph 6 (1) is that the contributions were not made by an earlier payer as a result of the takeover or expropriation of assets under Act No. 142 / 1947 Coll. further provided or cannot be provided from the relevant fund because the former owner or other user of the transferred or expropriated property is not obliged to maintain or actually retain them.
(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 shall be granted at the request of the latter within 60 days of the date on which the property is taken over or expropriated. The application for placement shall be submitted to the body (§ 1 (1)) for which the applicant is working at the time of the application, after the case of his service, and shall contain all the circumstances relevant to the acceptance and determination of the salary (salary). Applications for priority allocation of agricultural assets as well as for arrangements under Sections 5 and 6 shall be submitted to the Ministry of Agriculture. 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, paragraph 1, paragraph (a) and (b) of the decree of the President of the Republic of 21 June 1945, no 12 Coll., on confiscation and accelerated distribution of the agricultural property of Germans, Hungarians, as well as traitors and enemies of the Czech and Slovak peoples, unless they are persons for 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 the Slovak National Council Regulation of 23 August 1945, No 104 Coll. SNR, on confiscation and accelerated distribution of the agricultural assets of Germans, Hungarians, as well as traitors and enemies of the Slovak people, as amended by the Slovak National Council Regulation of 14 May 1946, No 64 Coll. SNR, unless they are persons to whom the provisions of § 1, paragraph 4 of the same Regulation apply.
(1) Staff who are concerned by the failure to comply with their request under the provisions of § 1, § 1, § 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 was notified 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) The Commission shall be sent by representatives of the Ministry of Agriculture, Social Welfare, Interior and Finance and 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 decision if 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.
(1) In order to cover the costs associated with the reimbursement of the removal expenses referred to in § 3, paragraph 2, and the reimbursement of the pensions referred to in § 5, paragraph 2 and the provision of contributions (benefits) pursuant to § 6, paragraph 1, a special levy of 1 ha of the land surrendered or allocated shall be levied on the State, districts, municipalities, cooperatives and the allocation of the land to which the agricultural or forestry land has been surrendered or allocated, following a special premium to the allocation price determined pursuant to § 8, paragraph 7, of Act No 142 / 1947 Coll.
(2) The amount of these benefits and the method of collecting them and the amount of the premium to the allocation price, subject to the condition for the exemption of small allocations from the obligation to pay the premium, shall be fixed by the Government, where appropriate, by means of a regulation corresponding to the likely cumulative amount of the costs referred to in paragraph 1. The allocation price premium shall be collected together with this allocation price in a manner to be determined for its repayment.
Submissions pursuant to Articles 3, 2, 8, 1 and 10, paragraph 1 and their annexes shall be exempt from charges.
This Law shall take effect on 12 August 1947; 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. 191 / 1947 Coll., declaring the text of the Act on the Location and Other Arrangements of Employees on Confiscated Agricultural Property and their Family Members for the purposes of the Act on the Revision of First Land Reform |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.11.1947 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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