Act No. 278 / 1948 Coll.
Act on the Central Management of Agricultural Products
Valid
Effective from 18.12.1948
278.
Law
of 2 December 1948
o Agricultural product management headquarters.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Scope and legal ratios of the Centre for the Management of Agricultural Products.
Establishment.
(1) The Centre for the Management of Agricultural Products, a registered limited liability society (hereinafter referred to as "the Headquarters'), is hereby established.
(2) The Government may lay down by regulation what is understood by this Act as agricultural products.
(3) The Centre shall operate under § 3 (1) (a) and (d) above all through cooperatives, national undertakings and its own establishments.
(4) In Slovakia, the Centre normally operates through a cooperative set up in Bratislava for that purpose, subject to the provisions of the second sentence of § 223 to 257 of the Law of Article XXXVII / 1875, on a commercial law, as amended by the laws amending it and supplementing it; only cooperatives and national enterprises may participate in this cooperative. The Government shall, by regulation, regulate the relationship of the cooperative to the Institute and, where necessary, its legal circumstances.
Basic duty of the Bureau.
The Centre shall be obliged to redeem or ensure the purchase of agricultural products covered by its scope, provided that they are produced by farmers under a single economic plan and offered by the Headquarters or the persons entrusted with the purchase, within the limits of the obligations under the negotiated cultivation and delivery contracts or under the conditions imposed by the maintenance management measures and provided that the conditions laid down for the supply of such products are fulfilled.
Headquarters clearance.
(1) The headquarters shall:
(a) the exclusive right to redeem agricultural products from growers and breeders, other persons who have acquired them from growers or breeders to fulfil their obligations (smugglers, employees, exchange agents) and importers, and the right to dispose of them on the internal market;
(b) manage, on the basis of economic purchases, storage, processing, processing, circulation and distribution of agricultural products to the extent and in the manner laid down by the Ministry of Food for Feed, the Ministry of Nutrition in agreement with the Ministry of Agriculture, and for seeds, seeds, lard and productive animals, the Ministry of Agriculture;
(c) co-operators in the planning of production and consumption and in the pricing of agricultural products, in the planning and implementation of their imports and exports;
(d) to buy and sell on the internal market the needs for the operation and maintenance of agricultural establishments as well as the undertakings of the members of the Centre to the extent specified by the Ministry of Internal Trade in agreement with the Ministry of Food and Agriculture.
(2) The Ministry of Food and, as regards seeds, seeds, lard and productive animals, the Ministry of Agriculture may provide for exemptions from the exclusive right to be redeemed under paragraph 1 (a) and to adjust the consequences of this and, in connection with this, the obligation imposed by the Institute pursuant to § 2; in cases of urgency, the Institute may itself grant an exemption from its exclusive right of redemption.
(3) The Ministry of Nutrition may entrust the Institute to carry out individual tasks in the field of economic planning in the nutrition industry; The Ministry of Agriculture may delegate them to similar tasks in the field of agricultural production.
(4) The Ministry of Nutrition, after the case of the Ministry of Agriculture, shall issue a measure determining the powers of the Centre referred to in paragraph 1 (b) and other measures of a general nature taken pursuant to the previous paragraphs in the Official Journal.
(1) In the course of its activities under Paragraph 3 (1) (b), the Headquarters may issue directives, orders and prohibitions. The persons concerned by the measures taken by the Institute under the previous provisions may appeal against them to the Ministry of Food for seeds, seeds, lard and productive animals, to the Ministry of Agriculture; The Ministry of Nutrition shall, in agreement with the Ministry of Agriculture, lay down in the Official Journal details of this right of appeal.
(2) The head office does not need an authorisation for its activities under this law which would otherwise be required under the provisions of the Trade Code (Trade Code) or other trade legislation. The head office shall notify the subject matter of its business of the Office (Section 145 (d) and Section 242 (z)), which shall indicate it in a separate section of the Trade Register. The Government shall adjust the details by means of a regulation, specifying in particular the extent to which the Department of Trade Regulations (Trade Code) applies.
(1) The Centre shall supervise by its own review bodies the observance of the provisions of this Law and those laid down under it, as well as the implementation of its directives and orders, to the extent that the Ministry of Food is authorised to do so in respect of seeds, seeds, lard and productive animals, the Ministry of Agriculture.
(2) Persons co-operating in the performance of the tasks of the Centre shall be required to allow the review bodies to be issued with a licence issued by the Ministry of Nutrition to consult trade books, other records, commercial documents and correspondence, to give them the necessary explanations and to allow them access to all commercial, operational and storage rooms and premises.
(3) In the exercise of their powers, the Revision Authorities are required to observe the rules on the protection of the freedom of persons, home and secrets of letters and to maintain confidentiality regarding all the facts which they learn in the performance of their duties, unless they make compulsory reports to the Centre or to public authorities and courts. They shall not use knowledge of these facts for purposes other than the performance of their duties under this law.
Members.
(1) The members of the Headquarters may be cooperatives, national undertakings or other legal persons whose activities fall within the competence of, or have a relationship with, the Institute.
(2) There is no legal entitlement to membership; However, a candidate for membership may be refused only with the approval of the Ministry of Food granted in agreement with the Ministry of Agriculture.
Organs.
(1) The administrative bodies of the Institute are the President and two Vice-Presidents, the Board of Directors, the Supervisory Board and the General Assembly.
(2) The President and the two Vice-Presidents are appointed and dismissed by the Government on a joint proposal by the Ministers for Food and Agriculture.
(3) The Board has thirty members, including the President and two Vice-Presidents, of which nine from Slovakia. Thirteen members are appointed and recalled by the Government on a joint proposal by the Ministers of Food and Agriculture after the hearing of the Central Council of the Czechoslovak Republic's farmers and the Single Trade Union Organisation. Fourteen members shall be elected by the General Meeting from among themselves. Until the election of the first members of the Board of Directors is carried out by the General Meeting, the Government shall appoint and dismiss those members on a proposal from the Central Board of Cooperatives. Within six months of the establishment of the Centre (Section 20), the President shall convene the first general meeting to choose 14 members of the Board of Directors. On the day following the election, the elected members of the Board of Directors shall take the place of members appointed by the Government in accordance with the provisions of the fourth sentence.
(4) The Supervisory Board has 15 members, including the Chairman, of which five from Slovakia. Eight members, including the President, shall be appointed and dismissed by the Government on a joint proposal by the Ministers for Food and Agriculture, seven members being elected by the General Assembly from among themselves. Until the day following the election of the seven members of the first Supervisory Board by the first General Meeting, the members appointed by the Government in accordance with the preceding sentence shall act as Supervisory Board.
(5) The procedure referred to in paragraphs 3 and 4 also establishes the necessary number of alternates of the members of the Board of Directors and the Supervisory Board.
(6) The General Assembly of the Headquarters consists of representatives seconded by the members of the Headquarters (Section 6, paragraph 1). At the general meeting, each member of the Centre shall have one vote without regard to the number of its shares.
The farm.
(1) The central office shall operate in accordance with Article 3 (1) (a) and (d) according to the principles of business.
(2) The core capital of the Central Office shall consist of the net asset transferred to the Central Office pursuant to Paragraph 11, unless otherwise specified.
(3) If the Centre's balance sheet surpluses are not allocated to the reserve fund according to the statutes, they shall be transferred to the State.
(4) The losses incurred by the Centre as a result of the measures setting out the purchase or consumer prices and related to the fulfilment of the obligation imposed on it under Paragraph 2 or the tasks imposed on it by the Government will be borne by the State if it is not possible to pay the reserve fund and if the Ministry of Finance does not find it possible to pay them otherwise or to transfer them to the next marketing year.
(5) The Ministry of Nutrition may, in agreement with the Ministry of Finance, authorise the Institute to set up special funds to ensure the performance of its tasks and to impose on persons through whom it performs its tasks (Sections 1 (3) and (4)) an obligation to make compensatory contributions for the purposes of such funds. In doing so, the Ministry of Nutrition shall publish them in the Official Journal of the European Union. In agreement with the Ministry of Finance, the Ministry of Nutrition may also entrust other funds to these funds. The currency of these funds shall be the currency of the special purpose item, which shall be recorded separately from the other assets of the Central Office.
Legal circumstances.
(1) The Centre shall adapt the statutes issued by the Government by the Regulation.
(2) Save as otherwise provided for in this Law or in the provisions adopted pursuant to it, the provisions of the Law of 9 April 1873, No 70, on profitable and economic communities, as amended, shall apply to the provisions of the Law of 9 April 1873.
(3) The rules on compulsory organisation of cooperatives and their revision shall apply to the Centre only as long as the statutes so determine.
State control.
(1) The Minister of Nutrition oversees the activities of the Institute and can review its activities and management at any time. It may issue to the Centre orders and prohibitions which it is obliged to take care of in its activities. If irregularities present a serious threat to the proper operation of the Institute, if the competent authorities are not established, or if the Institute does not perform its duties properly, the Minister of Nutrition may take appropriate measures for the provisional management of its administration. The Minister for Agriculture shall have, as regards the management of seeds, seeds, lard and productive animals, similar authorisations to those of the Minister of Nutrition under the provisions of the first and second sentences and shall carry them out in agreement with the Minister of Nutrition.
(2) The Minister of Finance shall oversee the Centre as regards its measures, which, in view of the State's commitment under Paragraph 8 (4), have financial implications for the State, and may at any time examine and grant to the Central Office, in agreement with the Minister of Nutrition, its activities and management within the scope of this Supervisory Authority's powers.
(3) Management The Institute is subject to control by the Supreme Accounting Audit Office.
Involvement and cancellation of certain services.
(1) The date laid down by the Minister of Nutrition in the Regulation,
A. enter the Centre and cease:
1. Cooperative, purchasing unity of economic cooperatives in Prague, registered fellowship with limited liability in Prague,
2. "Moragro," the unity of economic cooperatives, registered fellowship with limited liability in Brno,
3. Central Economic Warehouse in Opava, Business Headquarters of Silesian Economic Cooperatives, Registered collective with limited liability,
4. Lactotechna, unity of dairy cooperatives, registered fellowship with a limited liability in Brno,
5. Distribution, purchasing and selling unity in Prague, registered association with limited liability,
6. Cooperative of Economic Distillers in Prague, registered fellowship with limited liability,
7. Association of Economic Cooperatives and Public Grains Storage in Bratislava,
8. Slodob, Association of Slovak peasant cattle cooperatives in Bratislava,
9. Union of dairy cooperatives for Slovakia in Bratislava,
10. Paperod, cooperative for industrial processing and redemption of feathers, Bratislava,
11. Cooperative of Economic Distillers, Bratislava,
12. Drome, cooperative for trade in milk and milk products in Bratislava,
B. the following shall be deleted:
13. Agricultural headquarters for the monetization of cattle for Bohemia, company s r.o. in Prague,
14. Agricultural headquarters for cattle monetization in Moravia, a.s.,
15. Agrasol, an agricultural stock market and industrial company in Prague,
16. Laktos, company of dairy cooperatives, akc. spol. in Prague,
17. Perut, Agricultural Joint Stock Company,
18. Czech Moravian Potato Company, limited liability company,
19. Excellent cattle company for Bohemia and Moravia, formerly Prispol, a.s.,
20. Company for trade in dairy products, fats, poultry and eggs, limited liability company,
21. An Able Company for Slovakia in Bratislava,
22. Exclusive grain company,
23. Union for the Management of Cereals,
24. Union for potatoes and starch,
25. The Association of Gardeners,
26. Union for cattle, meat and fish,
27. Union for Milk and Fats,
28. Union for poultry, eggs and honey,
29. Union for hops, malt and beer,
30. The Union for Beet and Sugar,
31. Syndicate for the modification of the cultivation, processing and marketing of peppers based in Brno,
32. Milking Headquarters in Bratislava,
33. Syndicate for the modification of the cultivation, processing and trade of peppers based in Bratislava,
and shall transfer to the Headquarters all their rights and obligations by universal successes with the restriction referred to in paragraph 2 and with the following exceptions:
(a) the production and distribution authorisations as regards the services appointed under Nos 1 to 21 shall be transferred to the Centre only to the extent that the Ministry of Food provides for in an agreement with the Ministry of Internal Trade;
(b) the privileges and overseers of the services referred to in No 18 to 33 shall cease;
(c) the rights and obligations arising from participation in cooperatives or companies shall be governed by Paragraph 12 (2).
(2) Funds incurred
(a) import and export measures; or
(b) pricing measures on the internal market - if they serve or could serve price intervention
and are managed by one of the departments referred to in paragraph 1 shall be transferred to the State. The Ministry of Finance shall determine in an agreement with the Ministry of Nutrition which appropriations relate to the provisions of the first sentence; the government shall determine how such funds are to be handled.
(3) By Regulation No 1951, the Government may adjust the consequences of the measures provided for in the preceding paragraphs.
(1) The members of the departments appointed in Sections 11 (1), 1 (1) to (12) shall, unless contrary to the provisions of Section 6 (1), become members of the Centre without a membership application on the date on which the service enters the Centre.
(2) Persons who become members of the Centre referred to in paragraph 1 shall be accounted for by the Centre for their previously paid-up racing shares in the cooperatives referred to in § 11 (1), No 1 to 12. Persons who are members of cooperatives appointed in § 11 (1), (1), (1) to (12) and who are not covered by paragraph 1 shall receive from the Institute the full compensation of their members' (share, share) participation in the unit (s) appointed in § 11 (1), (1), (13) to (21) the amount of their paid-up participation declared on the date of incorporation, following the cancellation of the branch. The date of incorporation, after cancellation, shall, except in the case of claims in accordance with the provisions of the preceding sentences, cease to exist for cooperatives and liability companies limited by rights and obligations which would otherwise result from participation in the cooperative or company under the law or social (social) contract (s).
(3) The Ministry of Nutrition, in agreement with the Ministry of Finance and Agriculture, shall adjust the method of clearing the holdings in the member shares referred to in paragraph 2, first sentence, the method of settling the claims referred to in paragraph 2, the second sentence and the maturity of the claims thus established.
(1) The staff of the departments covered by Section 11 shall become the staff of the Centre on the date on which they enter or enter the Centre; the rights and obligations arising from their employment relationship shall only be transferred to the Centre unless otherwise specified.
(2) If the obligations arising from the employment (service) contracts do not comply with the needs of the Centre, their provisions will be amended by agreement; If no agreement is reached, employment contracts shall be terminated with legal notice. In agreement with the Ministry of Food, the Ministry of Social Welfare will examine the claims of all employment (service) contracts and adjust employee benefits in order to comply with the general principles of wage policy. The Staff Regulations to be issued to the staff of the Institute shall be subject to the approval of the Ministry of Social Welfare granted in an agreement with the Ministry of Food.
(3) The provisions of the Act of 15 April 1948, No 99 Coll., on national insurance, in particular § 268, § 5 and § 270, paragraph 9, apply to employees' claims under contracts and pension arrangements of their family members. Inproportionately high rest and provision benefits, paid out of the resources of the departments appointed in Section 11, or of their upper-end funds, may be reduced by agreement to an appropriate amount; If no agreement is reached, the arbitration panel established under the Law of 21 November 1946, No 228 Coll., shall decide on the arbitration courts for the modification of certain obligations of national undertakings and its amendments.
The Ministry of Nutrition shall, in agreement with the Ministry of Finance, transfer to the cooperative referred to in § 1, paragraph 4 of the rights and obligations which have been transferred to the Institute from the departments appointed in § 11, paragraph 1, paragraphs 7 to 12, 21, 32 and 33 and may require the cooperative to take over the staff of those departments; Paragraph 13 applies mutatis mutandis. The details shall be adapted by the Government by a regulation issued pursuant to Paragraph 1 (4), second sentence.
Provisions common.
Synergies between authorities and public authorities.
The authorities and other public authorities and the organisation of economic and interest authorities shall be obliged to cooperate in the implementation of this law and the rules issued pursuant to it.
Minutes in public books and registers.
The entries in the public books and registers necessary to indicate the facts resulting from the application of this law and the provisions issued pursuant to it shall be carried out by the courts and public authorities, acting on a proposal from the Institute, with reference to that law, after the provisions issued pursuant to it.
Exemption from fees and charges.
(1) The headquarters shall be exempt from fees:
(a) making submissions to public authorities and institutes,
(b) the contracts which it has concluded in carrying out the tasks entrusted to it under the law and the instruments which it has drawn up;
(c) the documents certifying the supply or collection of goods, provided that they serve to carry out the tasks under this law and that they are not in the nature of the buyer's accounts, as well as the documents certifying the procedure for claims on those supplies or purchases.
(2) The fees shall be exempt from the supply of goods submitted by the Institute.
(3) The documents and official acts required for the transfer of rights and obligations with the departments referred to in Section 11 to the Central Office and pursuant to Section 14 to the Centre to the cooperative referred to in Section 1, paragraph 4 are exempt from fees and charges.
Advantages for the cooperative referred to in § 1 (4).
The advantages granted by the Institute in Sections 4, 2, 16 and 17, paragraphs 1 and 2 shall, to the same extent, be to the cooperative referred to in Section 1, paragraph 4 if it carries on an activity on behalf of the Institute.
Criminal provisions.
(1) Negotiations and omissions contrary to the provisions of this law or to the provisions laid down under it shall be punishable in the absence of a criminal offence in a court of law, as an administrative offence of up to a fine of CZK 1,000,000 or by a prison (lock-up) within one year or both. In the event of non-compliance with the fine, a replacement prison sentence (lock-down) shall be calculated in accordance with the rate of guilt within one year. If both sentences are imposed at the same time, the punishment on the free side, together with the prison detention penalty, must not exceed one year.
(2) Where an offence has been committed in the course of trade and the offender has already been lawfully punished for the conduct or omission referred to in paragraph 1, the loss of the trade licence may also be declared, either on time or forever.
(3) Save as otherwise provided in this law, the provisions of the provisions on administrative criminal law and proceedings in the field of maintenance shall apply.
Transitional and final provisions.
The Minister of Nutrition shall lay down a regulation to which and to what extent the Centre shall take up its activities.
(1) The date of entry into force of the Regulation pursuant to Article 20 and to the extent resulting therefrom
(a) the Institute of Rights and Obligations arising from the provisions of Sections 2 to 5, and
(b) the provisions contrary to the provisions of this Law shall cease to apply, if applicable.
(2) The Ministry of Nutrition shall, in an agreement with the Ministry for the Unification of Laws in the Collection of Laws of the Republic of Czechoslovakia, declare a list of provisions which have expired, after the applicability provided for in paragraph 1 (b).
This Act shall take effect on the day of its publication; It shall be implemented by the Ministers for Food, Agriculture and Finance in agreement with the members of the Government involved.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Ing. Jankovcová v. r.
Děuriš v. r.
Dr Dolansky v. r.
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Regulation Information
| Citation | Act No. 278 / 1948 Coll., on the Centre for the Management of Agricultural Products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.12.1948 |
|---|---|
| Effective from | 18.12.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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