Decree No. 43 / 1954 Coll.
Decree on the complete version of Decree No. 114 / 1953 Coll., on delivery obligations and on the purchase of agricultural products
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43.
Order of the Minister for Buying
of 24 September 1954
on the full text of Decree 114 / 1953 Coll., on delivery obligations and on buying-in of agricultural products.
In accordance with Article 2 of Decree-Law No 42 / 1954 Coll., I declare in the annex the full text of Decree-Law No 114 / 1953 Coll., on the delivery obligation and on the purchase of agricultural products.
Kromir
Annex to Decree No. 43 / 1954 Coll.
Government Regulation
of 23 December 1953 No 114 Coll.,
on the delivery obligation and purchase of agricultural products, as resulting from Government Regulation No 42 / 1954 Coll.
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"):
Scope of delivery obligation.
The delivery obligations under the Act have:
(a) State goods and other agricultural establishments of the State Socialist sector (national enterprise agricultural plants, agricultural plants in the administration of national committees, municipal agricultural establishments and others),
(b) single agricultural cooperatives which have adopted for joint management the model statutes of the single agricultural cooperatives (hereinafter referred to as "single agricultural cooperatives") and their members, if they are in use by fungi (hereinafter referred to as humeners),
(c) members of single agricultural cooperatives who have not yet adopted the model statutes for the joint management of single agricultural cooperatives (hereinafter referred to as "members of single agricultural cooperatives of a lower type") and individual farmers,
(d) other persons holding agricultural land or keeping livestock.
(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 agricultural farming, if the needs of the state food and raw materials management so require.
Delivery obligation of state goods and other agricultural plants of the state socialist sector.
(1) State goods are required to deliver to the State all agricultural products in the amount provided for by the national plan for the development of the national economy as well as all agricultural products produced in excess of the quantity so determined which they do not need for the purposes of their economy or for the performance of their employees in kind.
(2) State goods are required to conclude with the legitimate purchase of agricultural products economic contracts pursuant to Act No. 99 / 1950 Coll., on Economic Contracts and State Arbitration, on the supply of agricultural products by type and quantity provided for by the National Economic Development Plan.
Other agricultural plants of the state socialist sector are subject to the same obligations as for state goods; in so doing, the quantity set out in the national development plan shall mean, for regional events, the planned quantities of agricultural products corresponding to the level of compulsory supply of uniform agricultural cooperatives.
(1) For agricultural products supplied by state-owned property and other agricultural plants in the state socialist sector above the quantity laid down in the national economic development plan, they will receive higher prices.
(2) In justified cases, the Ministry of Buying may authorise a derogation in respect of the use of agricultural products produced in excess of the quantity laid down in the National Economic Development Plan.
Compulsory supplies and supply contracts for single agricultural cooperatives, fungi, members of single agricultural cooperatives of a lower type, individual farmers and other persons holding agricultural land or livestock.
Basis for the measurement of delivery obligations.
(1
(a) grains, potatoes and eggs for each hectare of arable land;
(b) oilseeds, celery, onions, garlic, carrots, pickles and parsley from each hectare of the area planned for planting by these crops;
(c) meat, milk and hay from each hectare of agricultural land;
(d) wool from each piece of sheep's beard.
(2) The compulsory supply of meat and eggs from the holding without account being taken of the area of land shall be assessed to the humidifiers and holders of agricultural land up to and including 0,5 ha.
(3) Hunting farmers, members of single agricultural cooperatives of lower types 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, shall be subject to the compulsory supply of milk according to the number of cows kept
(4) Mandatory deliveries are to be made to livestock farmers not holding agricultural land
(a) milk by number of cows kept;
(b) sheep's wool from each piece of sheep's beard;
(c) eggs keeping more than 10 hens.
(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 on the date of the last statistical finding of the areas of crops.
(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 planned for planting by such crops, by half the area, 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, the 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 compulsory supply of eggs.
(1) In order to measure the compulsory supply of single agricultural cooperatives, the land area used by the cooperative is determined without land left to the humidifiers.
(2) In order to measure the delivery obligations to members of single agricultural cooperatives of a lower type and to individual farm farmers, the area of land belonging to the agricultural establishment shall be determined without distinction whether the land is owned, hired or otherwise taken over, even if it is situated in a register of two or more municipalities. An agricultural establishment which is owned by more than one person but which is common to the economy shall be considered as one whole.
(3) In the case of single agricultural cooperatives of a lower type, the delivery obligation shall be determined separately for each member, according to the area of its land, including the land submitted for joint cultivation. A joint delivery obligation shall be imposed on the land jointly cultivated, which is obtained by a single agricultural cooperative of a lower type, other than from its members (Section 11 (5)).
Delivery standards.
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.
(1) Delivery standards are laid down for single agricultural cooperatives, other for fungi, other for members of single agricultural cooperatives of a lower type, individual farmers and other persons holding agricultural land.
(2) The supply standards for members of single agricultural cooperatives of a lower type, for individual farmers and for other persons holding agricultural land are graduated to groups according to the size of the farm for grains, oilseeds, potatoes, celery, onions, garlic, carrots, cucumber, parsley, meat, milk, eggs and sheep wool; for hay, they are the same without regard to the size of the agricultural plant.
(3) The delivery standards for single agricultural cooperatives and for hummingbirds are the same for all agricultural establishments without regard to their size.
(4) For agricultural plants of individual farm farmers, which are in the temporary administration of local national committees, the delivery standards for individual farm farmers shall apply with a maximum area of agricultural land of 5 to 10 ha.
(5) The joint delivery obligations for members of single agricultural cooperatives of the lower type referred to in Article 9 (3) shall be determined in accordance with the delivery standard applicable to individual farmers, with a maximum agricultural land area of 5 to 10 ha.
(1) The supply standards for grains, oilseeds, potatoes, celery, onions, garlic, carrots, pickles, parsley, meat, milk, eggs, sheep wool and hay are laid down by the government for each region.
(2) On the basis of the delivery standards laid down for the county, the level of the delivery standards for each county shall be approved by the Regional National Committee Board on a proposal from the Regional Minister of Purchase. In so doing, the standard laid down for the region shall not be reduced; not more than 2% may be exceeded.
(3) The delivery standards approved for each district pursuant to paragraph 2 are confirmed by the Ministry of Purchase.
(1) In addition to the exceptions authorised by this Regulation, it is not permitted to:
(a) apply to the municipality supply standards other than those laid down for the district;
(b) reassign agricultural establishments to a group other than those to which they belong according to the area of agricultural land;
(c) impose obligations on deliveries greater than or less than those laid down.
(2) For counties where there are significant differences in the production conditions of individual municipalities, the use of a supply standard derogating from the supply standard laid down for the county is permitted under the following conditions:
(a) the Council of the District National Committee, acting on a proposal from the District Commissioner of the Ministry of Purchase, shall approve divergent delivery standards for individual municipalities, exceptionally for individual settlements, where it may reduce or increase the standards applicable to the district by a maximum of 40%; only the Ministry of Purchase may allow a higher derogation in exceptional cases;
(b) the standard laid down for the district must not be reduced; not more than 1% may be exceeded.
(3) The delivery standards approved for each municipality, after the settlement referred to in paragraph 2, are confirmed by the provincial inspection of the Ministry of Purchase.
From the local pastures and other pastures used together, if the single agricultural cooperative does not manage them, the joint delivery of meat from each hectare of that land shall be determined; the area shall be delivered to the local national committee, which shall divide the delivery into individual farmers according to the proportion in which each of them uses the land.
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 such crops at all or if they grow them only to a small extent.
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 delivery contract has been concluded, in the case for which the replacement notice has been issued.
(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.
Liberation and discounts.
(1 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 with the mandatory delivery of celery, onions, garlic, carrots, pickles and parsley.
(3) Compulsory supplies of meat, milk and eggs shall be exempt from the supply obligations for fungi, members of single agricultural cooperatives of less than or equal to 0,5 ha of agricultural land and other holders of agricultural land up to and including 0,5 ha, provided that:
A. live in their household
(a) at least 2 persons over 65 years of age, if they are male or 55 years of age, if they are women, or 2 permanently incompetent persons; or
(b) 3 or more children under the age of 15; or
(c) 2 children under the age of 15 and one person over 65, if male or 55, if female, after one permanent job, an incompetent person; or
B. is a man over 65 years of age or a woman over 55 years of age, or a person permanently unable to work if he manages such persons alone; or
C. employees of companies in the socialist sector, offices, organisations and institutions, pensioners and pensioners who do not breed cattle or chickens.
However, the exemption from the compulsory supply of milk shall not apply to breeders of two or more cows.
(4) Breeders of cows who do not use agricultural land shall be exempt from the compulsory supply of milk if only one cow is kept and the conditions laid down in paragraph 3 (b) are fulfilled. A or B.
(5) The persons referred to in paragraph 3 (C), undertakings, organisations and others holding agricultural land from 0,5 ha to 2 ha inclusive and not keeping livestock or hens and not having been planned for breeding of cattle or hens (e.g. holders of holiday huts) shall not be measured with the mandatory delivery of meat, milk and eggs; However, they shall be required to supply hay.
The individual farmers who have been assigned agricultural land by the local national committee to the compulsory pasture shall be subject to the delivery obligations applicable to the group to which they would belong without the land in the compulsory pasture; a reduction of up to 50% of the delivery standards of meat, milk and eggs shall be granted on the land in the compulsory pacht.
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 discount 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.
(1) On a case-by-case basis, on a proposal from the Regional National Committee, the Ministry of Buying may grant discounts to single agricultural cooperatives in the border counties established by the Government up to 10% of the specified delivery standards.
(2) For single agricultural cooperatives, the Ministry of Buying may provide discounts on the compulsory supply of meat, milk and hay from pastures left to them by state forests or from areas which served as municipal pasture (s) or other grazing areas used together and which cannot be used other than by tracing.
(3) A reduction from the compulsory supply of grain, potatoes, meat, milk and eggs may be allowed to members of single agricultural cooperatives of a lower type and individual farmers with an area of agricultural land above 0,5 ha, provided that their family consists of a particularly large number of members completely dependent on nutrition from the economy and living in the common household.
(1) Fruit delivery contracts are not concluded with holders of domestic gardens of up to and including 0,1 ha.
(2) Supply contracts for grapes shall not be concluded with vineyard holders if 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.
Changes in delivery obligations and delivery contracts.
(1) The change shall be made during the year if:
(a) with the permission of the district national committee, a curvature of damaged crops or oil crops has been carried out;
(b) the area which has been deducted from the land area relevant for the measurement of delivery obligations has been reduced by more than 10% during sowing (Section 8);
(c) the area of agricultural or arable land has been reduced, with the agreement of the Ministry of Agriculture or the authorities responsible for it (Section 7 (3));
(d) it has been established during the year that the agricultural or arable land has been hidden;
(e) there has been an uncaused death of cattle;
(f) the number of sheep has increased.
(2) The amendment must be made within 14 days of the date on which the event was or was found to justify it, but for plant products no later than 30 June of the current year.
(1) Where members of single agricultural cooperatives of a lower type or individual farmers adopt for the joint management the model statutes of the single agricultural cooperatives or join the single agricultural cooperatives, they shall be responsible for the fulfilment of the delivery obligations for the period up to the date of the resolution adopting the statutes or the date of entry. The remaining part shall be taken over by the cooperative; in so doing, the delivery obligations shall be adjusted in accordance with the delivery standards applicable to the single agricultural cooperatives and a separate delivery obligation shall be laid down for the members left behind for the products.
(2) The members of the single agricultural cooperatives who have left or been excluded from the cooperative shall be subject to the compulsory delivery to the land left to them for the remainder of the period, according to the delivery standards applicable to individual farmers. The compulsory supply of the cooperative shall be reduced accordingly. Delivery contracts shall also be adjusted accordingly.
Procedure for determining delivery obligations and concluding delivery contracts.
(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.
The amount of the compulsory supply of agricultural products, with the exception of the crops on which delivery contracts are concluded (Section 26), shall be determined by the district manager of the Ministry of Purchase to the single agricultural cooperatives, the funders, members of the single agricultural cooperatives of the lower type, individually managing farmers and other persons subject to delivery obligations by written means. The dimensions for the single agricultural cooperatives shall be co-signed by the Chairman of the District National Committee.
(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 remove all products complying with the standards laid down, pay valid prices for them, ensure supplies of seeds and fertilisers and re-sell feed, after other products.
(4) Farmers who fail to deliver under delivery contracts within the prescribed time limit will be invited by the district supervisor of the Ministry of Purchase on a ransom request to complete the whole quantity not delivered.
(1) Unified agricultural cooperatives, gamblers, members of single agricultural cooperatives of a lower type, individual farmers and other persons subject to delivery obligations may appeal against mismeasurement of delivery obligations; However, the appeal shall not have suspensory effect.
(2) The appeal shall be lodged in writing with the district attorney of the Ministry of Purchase within 7 days of delivery of the notice (Sections 25 and 16 (2)).
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Regulation Information
| Citation | Decree No. 43 / 1954 Coll., on the complete version of Government Decree No. 114 / 1953 Coll., on delivery obligations and on the purchase of agricultural products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.10.1954 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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