Government Decree No. 42 / 1954 Coll.
Regulation amending and supplementing Government Regulation No. 114 / 1953 Coll., on delivery obligations and on the purchase of agricultural products
Valid
Effective from 22.10.1954
42.
Government Regulation
of 21 September 1954
amending and supplementing Government Regulation No. 114 / 1953 Coll., on delivery obligations and on the purchase of agricultural products.
The Government of the Czechoslovak Republic hereby orders pursuant to Section 14 of Act No. 56 / 1952 Coll., on delivery obligations and on the purchase of agricultural products (hereinafter referred to as "the Act"):
Government Decree No. 114 / 1953 Coll., is amended as follows:
1.
(1) The following agricultural products are subject to delivery obligations:
(a) grains: cereals (wheat, rye, barley, oats, maize, buckwheat, millet, grain sorghum and cereal mixtures), edible leguminous vegetables (edible peas, lentils, edible beans and chickpeas), fodder leguminous vegetables (forage peas, fodder beans, pellets, vetches, lupin, horseradish, chickpeas and their mixtures) and mixtures (mixtures of cereals with leguminous vegetables);
(b) oilseeds: rape, rape, poppy, sunflower, linseed, soya, flare, mustard, sesame and jumping;
(c) potatoes;
(d) sugar confectionery, chicory, flax (stalks and seeds), hemp (stalks and seeds) and tobacco for agricultural establishments with an agricultural area exceeding 2 ha;
(e) hops;
(f) hay;
(g) clover and grass seeds of all kinds, provided they are grown on arable crops;
(h) celery, onions, garlic, carrots, gherkins and parsley for agricultural plants with an area of agricultural land exceeding 2 ha;
(ch) fruit: apples, pears, cherries, apricots, peaches, plums, almonds, nuts, currants and gooseberries;
(i) grapes;
(j) meat: in particular bovine animals for slaughter, calves for slaughter and pigs for slaughter;
(k) cow's milk;
(l) eggs (hens);
(m) sheep wool.
(2) The supply contract (Paragraph 16 (a) may be based on the following agricultural products:
(a) sugar beet, chicory, flax (stalks and seeds), hemp (stalks and seeds) and tobacco for agricultural establishments with an area of up to and including 2 hectares;
(b) metal sorghum (straw and seeds);
(c) celery, onions, garlic, carrots, gherkins and parsley for agricultural plants with an area of up to and including 2 hectares;
(d) other vegetables not referred to in (c);
(e) medicinal and aromatic plants;
(f) spices: marjoram, cumin, anise, fennel and coriander;
(g) root peppers;
(h) slaughter poultry.
(3) The Ministry of Purchases may extend the supply obligation to other agricultural products and by-products of the farming sector, where this is required by the needs of the state food and raw materials management. "
Article 6 (1) (b) reads as follows:
"(b) oilseeds, celery, onions, garlic, carrots, cucumbers and parsley from each hectare of the area planned for planting by these crops;"
3. in Article 6 (1), the provisions of (c) are deleted; the provisions of (d) and (e) are marked with (c) and (d).
4.
(1) The agricultural land is arable land, hops, vineyards, plums, domestic gardens, fruit orchards, nurseries, permanent meadows and pastures. However, a domestic garden of up to and including 0,1 ha shall not be regarded as agricultural land unless the holder of such a garden uses other agricultural land.
(2) The arable land is also set with subculture of the role (fruit trees on sown areas), temporary meadows and areas for intensive cultivation of garden crops.
(3) The total area of agricultural land in the municipality, which is responsible for measuring the delivery obligations, must not be reduced, without the permission of the Ministry of Agriculture or its authorities, against the condition at the date of the last statistical finding of the areas of crops. "
5.
(1) The area of arable land responsible for measuring the compulsory supply of grains and potatoes is excluded:
(a) areas for which a contract has been concluded for the production and delivery of seed and vegetable seed, flowers, ocopanine seed, medicinal and aromatic plants, clover plants, grasses and multiannual forage and spices for all stages of propagation;
(b) areas of maintenance of cereal seed, leguminous vegetables, oil plants, fibre plants and potato seed, provided that they have been contracted;
(c) the areas planned for oilseed sowing;
(d) the areas planned for sowing by diabetes, chicory, tobacco, flax, hemp, celery, onion, garlic, carrot-carrots, pickles and parsley;
(e) areas to be sown (planted) by the crops referred to in (d), even if they are not planned for planting (planted) by such crops, as well as areas to be sown (planted) by other vegetables, metal sorghum, root peppers, aromatic and medicinal plants and spices, but in both cases only if the growers have undertaken to supply these crops by delivery contract;
(f) land newly obtained by drying marsh and swamps, removing shrubs or other land not yet eligible for agricultural production, as well as newly cultivated arable land which has not been used as arable land for several years (fallow) for two years following the year in which the recovery or re-cultivation of the land was carried out, by the whole area and in the third year by half; the condition for fallow land is that the user has committed himself to long-term use of that land. For members of single agricultural cooperatives of a lower type and for individual farm farmers, land which has been reclamated or recultivated since 1954 shall be excluded;
(g) arable land obtained by the erosion of low-productive meadows and pastures carried out from 1954 onwards for the three years following the year in which the conversion was carried out.
(2) The area of agricultural land responsible for measuring the compulsory supply of meat and milk shall be exempt from:
(a) areas of hops, vineyards, jokers and nurseries;
(b) areas intensively managed by plantations of berries (currants and gooseberries) and fruit dairies (krskovna) over five years of age;
(c) areas of intensively managed fruit orchards, by half;
(d) areas planned for planting with flax, hemp and tobacco;
(e) areas to be sown (planted) by the crops referred to in (d), even if they are not planned for planting (planted) by such crops, as well as areas to be sown (planted) by metal sorghum, root peppers, medicinal and aromatic plants and spices, but in both cases only if the grower has undertaken to supply these crops by delivery contract;
(f) the areas planned for celery, onion, garlic, carrot-carrots, pickles and parsley sown;
(g) areas to be planted with celery, onions, garlic, carrot-carrots, pickles, parsley and other vegetables, even if they are not intended for planting with such crops, but only if the grower has undertaken to deliver these crops by delivery contract;
(h) the areas covered by the contract for the production and supply of seed of clover, grass and multiannual fodder;
(ch) land newly obtained by drying swamps and swamps, removing shrubs or other land not yet eligible for agricultural production, as well as newly cultivated arable land which has not been used as arable land for several years (lay fallow) for two years following the year in which the reclamation or recultivation was carried out, by the whole area and in the third year by half; the condition for fallow land is that the user has committed himself to long-term use of that land. For members of single agricultural cooperatives of a lower type and for individual farm farmers, land which has been reclamated or recultivated since 1954 shall be excluded;
(i) land taken into use by a single agricultural cooperative without livestock from local national committees, state goods or other land holders not members of the cooperative, as well as land taken into use by a single agricultural cooperative from the so-called state land reserves, to the following extent:
1. if the total area of land taken over by the cooperative does not exceed 20 hectares, the land thus taken over shall be excluded in the year in which the takeover took place, after the second half of the year in which the takeover took place, also in the first year following the year in which the takeover took place;
2. if the total area of land taken over by the cooperative is more than 20 ha but does not exceed half of the land still cultivated by the cooperative and if the land has been taken over in the first half of the year, that land shall be taken out in the year of take over by the whole area and in the first and second years after the year of taking over by half; if the land has been taken over in the second half of the year, the land so taken over shall be taken out in the year of take over and in the first year after the year of taking over by the whole area and in the second year after the year of taking over by half;
3. If the total area of land taken over by the cooperative in a given year exceeds half of the land still cultivated by the cooperative, the land so taken over shall be excluded in the year of the takeover and in the first and second years after the year of the takeover in the whole area.
(3) The areas referred to in points (a), (b), (d), (e), (h) and (ch) of paragraph 2 shall be excluded from the area of agricultural land responsible for measuring the compulsory supply of hay.
(4) The areas referred to in points (c) and (f) to (i) of paragraph 2 shall be excluded from the area of arable land responsible for measuring the delivery of eggs. ';
6.
The delivery obligations for grains, oilseeds, potatoes, celery, onions, garlic, carrots, pickles, parsley, meat, milk, eggs, sheep's wool and hay shall be fixed by delivery standards. '
7. Article 11 (2) reads as follows:
"(2) The supply standards for members of single agricultural cooperatives of a lower type, for individual farmers and other persons holding agricultural land shall be graduated to groups according to the size of the agricultural plant for grains, oilseeds, potatoes, celery, onions, garlic, carrots, pickles, parsley, meat, milk, eggs and sheep wool; for hay, they shall be the same without regard to the size of the agricultural plant. ';
8. Article 12 (1) reads as follows:
"(1) The delivery standards for grains, oilseeds, potatoes, celery, onions, garlic, carrots, cucumbers, cucumbers, parsley, meat, milk, eggs, sheep's wool and hay are laid down by the government for each region."
9. Paragraph 13 (2) (a) reads as follows:
"(a) the divergent delivery standards for individual municipalities, exceptionally for individual settlements, shall be approved by the Council of the District National Committee on the proposal of the District Commissioner of the Ministry of Purchase, which may reduce or increase the standards applicable to the district by a maximum of 40%; only the Ministry of Buying may allow a higher derogation in exceptional cases; '
10. the following paragraph 3 is added to Paragraph 13:
"(3) Validity of the delivery standards approved for each municipality, in the case of the settlement referred to in paragraph 2, shall be confirmed by the Regional Minister of Buying. '
11.
The Ministry of Buying may authorise single agricultural cooperatives, funerary workers, members of single agricultural cooperatives of a lower type, individual farmers and other holders of agricultural land to make special arrangements for compulsory deliveries
(a) meat, milk, eggs and hay, in particular where they grow mainly vegetables or other crops, or where they specialise in intensive management of fruit orchards;
(b) grains and potatoes, in particular if they do not grow at all or if they grow only to a small extent. "
12.
"Delivery contracts.
(1) The supply of sugar beet, chicory, tobacco, flax, hemp, hops, fruit, grapes and clover and grass seeds subject to the delivery obligation provided for in Article 2 (1) shall be ensured in the quantities provided for in the purchase plan by the supply contracts (contracts) concluded by the purchaser (section 31) with growers.
(2) In the event of a refusal to conclude a delivery contract, the district inspector of the Ministry of Purchase shall issue a replacement order for the quantity for which the purchase plan was to be concluded.
(3) The growers of the crops referred to in paragraph 1 are obliged to deliver to the State the quantities for which the supply contract has been concluded, in the case for which the replacement notice has been issued. "
13. the following Article 16a is inserted after Article 16:
(1) In respect of the supply of agricultural products referred to in Article 2 (2), growers and purchasers may conclude a delivery contract at least for the quantity which, according to the contract plan for the municipality, amounts to 1 ha.
(2) The benefits referred to in Article 8 (1) (e) and (2) (e) and (g) shall be granted to growers who enter into supply contracts pursuant to paragraph 1. "
14. Article 17 (1) and (2) reads as follows:
"(1) The compulsory supply of grains and potatoes shall be exempt from the obligation of the grubbers, members of single agricultural cooperatives of a lower type with an area of agricultural land up to and including 0,5 ha and other holders of agricultural land up to and including 0,5 ha. Members of single agricultural cooperatives of a lower type and individual farmers shall also be exempt if they farm agricultural land up to and including 2 hectares, provided that the arable land does not exceed 0,4 hectares.
(2) The compulsory supply of oil and hay shall be exempt from the obligation to supply oilseeds and oilseeds, as well as from members of single agricultural cooperatives of a lower type with an area of agricultural land of up to and including 2 hectares and individual farmers with an area of agricultural land of up to and including 2 hectares; they shall also not be measured for the delivery of celery, onions, garlic, carrots, pickles and parsley. ';
15. Paragraph 17 (3) and (4) shall be deleted; paragraphs 5, 6 and 7 are amended to paragraphs 3, 4 and 5.
16.
A single agricultural cooperative which has taken over land from local national committees, national farms or other land holders not members of the cooperative, with lower than planned livestock stocks, shall provide the Ministry of Buying with an appropriate reduction on the compulsory supply of meat, milk and eggs for the current year and, if taken over in the second half of the year, also for the following year. '
17.
(1) Fruit delivery contracts are not concluded with holders of domestic gardens of up to and including 0,1 ha.
(2) Delivery contracts for grapes shall not be concluded with vineyard holders where the area of their vineyard does not exceed 20 arcs for single agricultural cooperatives, for fungi and for members of single agricultural cooperatives of a lower type and for other vineyard holders of 10 ars. '
Paragraph 22 (1) (b) reads as follows:
"(b) the area which has been deducted from the area relevant for the measurement of delivery obligations has been reduced by more than 10% on sowing (Section 8)."
19.
(1) The competent executive authorities of the national committees shall each year draw up, according to their records, lists of agricultural establishments and persons subject to delivery obligations and submit those lists by 30 September to the district manager of the Ministry of Purchase. The lists shall contain all the information necessary for the proper measurement of the delivery obligations, in particular the size of the agricultural and arable land managed, the number of livestock kept and such.
(2) For local national committees, lists of members of single agricultural cooperatives of a lower type, individual farmers and other persons subject to delivery obligations shall be drawn up. The Agricultural Unions of the Councils of the District National Committees shall draw up lists of uniform agricultural cooperatives. The correctness of the information contained in the list shall be confirmed by the Chairman of the single agricultural cooperative and by the persons to whom the information in the list relates. If the information in the list provided for in the actual situation is not in conformity, in particular if a lower area of agricultural or arable land is indicated which is relevant for the measurement of the delivery obligations, the chairman of the single agricultural cooperative or the person concerned by the incorrect data shall notify the competent management authority of the national committee, which shall discuss the comments in such a way that they are dealt with before the submission of the list to the provincial buyer.
(3) The lists may be replaced by a summary of agricultural production, provided that they contain the information referred to in paragraph 1. ';
20.
(1) In order to ensure the supply of sugar beet, chicory, tobacco, flax, hemp, hops, fruit, grapes and clover and grass seeds, the purchaser of the supply contract (§ 16) with single agricultural cooperatives of a lower type and with members of single agricultural cooperatives, with individual farmers and other persons subject to delivery obligations in bulk for the whole municipality.
(2) Delivery contracts for the supply of agricultural products referred to in Article 2 (2) shall always be concluded with growers individually.
(3) By means of supply contracts, growers undertake to implement all agri-technical measures, the harvest, after being beaten up and fulfil the contractual obligation within the time limits set. The authorised purchaser undertakes to withdraw all products complying with the quality standards laid down, to pay valid prices for them, to ensure the supply of seeds and fertilisers and the resale of feed, after other products.
(4) For growers who fail to meet the supply obligations under the delivery contracts within the prescribed time limit, the district supervisor of the Ministry of Purchase shall, on a ransom proposal, issue a call for the full quantity not delivered. "
21. Article 29 (3) reads as follows:
"(3) Tobacco growers shall be obliged to sell all tobacco harvesting to the State even after the obligation under paragraph 2 has been fulfilled; sheep farmers shall also be obliged to sell to the State, even after the compulsory supply of wool has been fulfilled, all the waves of root pepper growers shall be obliged to sell to the State the entire harvest of that crop, even if the delivery contract has not been concluded. '
22.
(1) In cases where an individual agricultural establishment has been affected by a mass mortality or natural disaster and cannot, as a result, fulfil the delivery obligation of a particular agricultural product, or provide a different kind in exchange, the provincial representative of the Ministry of Redemption may, on a proposal from the Council of the District National Committee, reduce the delivery obligation or postpone its delivery to the following year.
(2) If a larger number of farms have been affected by a mass death of cattle or a natural disaster, thus preventing the entire municipality, district or county from meeting the agricultural production plan, it shall decide to reduce the delivery obligation or postpone it to the following year:
If it is a municipality, the Regional Officer, at the request of the Council of the District National Committee and after the advice of the Regional National Committee,
If the district is concerned, the Ministry of Buying, at the request of the Regional National Committee and after the opinion of the Ministry of Agriculture,
If it is a region, the government, on a proposal from the Agriculture and Buying Ministers, at the request of the Regional National Committee.
(3) If, for other reasons, the agricultural establishment fails to comply with the delivery obligation established in the current year, the part of the delivery obligation to the next year shall normally be transferred under the directives issued by the Ministry of Buying. '
23. § 38 reads:
(1) The records of the purchase of agricultural products for which the delivery obligation is determined by an appropriate measurement (§ 25) are kept by the district officials of the Ministry of Buying, according to the suppliers. Exporters shall be required to submit to them, within the time limits set by the Ministry, the purchase of the purchase documents and the prescribed purchase statements.
(2) The records of the purchase of agricultural products on which delivery contracts are concluded (Sections 16 and 16a) are kept by individual suppliers by the buyers who have concluded such contracts. the buyers shall be required to submit the prescribed statements of the sealed delivery contracts and the purchase to their superior services and to the representatives of the Ministry of Purchase. ';
The Minister for Buying is hereby authorised to amend and declare in the Collection of Laws the full text of Decree No. 114 / 1953 Coll., as follows from Article 1.
This Regulation shall enter into force on the day of its publication and shall apply to the delivery and purchase of agricultural products from 1955 onwards; they shall be carried out by the Minister for Buying in agreement with participating members of the Government.
Dr Dolansky v. r.
Kromir
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Regulation Information
| Citation | Government Regulation No. 42 / 1954 Coll., amending and supplementing Government Regulation No. 114 / 1953 Coll., on supply obligations and on the purchase of agricultural products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.10.1954 |
|---|---|
| Effective from | 22.10.1954 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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