Act No. 44 / 1948 Coll.
Act amending and supplementing the Act on the Revision of First Land Reform
Valid
Effective from 14.04.1948
44.
Law
of 21 March 1948
amending and supplementing the First Land Reform Revision Act
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The Act of 11 July 1947, No. 142 Coll., on the revision of the first land reform, is amended as follows:
1. the following provision shall be added at the end of Article 6 (2) (b):
"Personal requirements, referred to under No 1 to 3, for persons who have lost property (§ 1) under the pressure of occupation or as a result of national, racial or political persecution (Act of 16 May 1946, No. 128 Coll., on the nullity of certain property-law negotiations from the period of infreedom and on claims for such invalidity and other interference in the assets of the deceased) shall be assessed in the review according to the time of the occurrence of the event which is the reason for the recovery in the previous situation. For the participants in the national exemption fight (§ § 1 and 6 of the Act of 19 December 1946, No 255 Coll., on the members of the Czechoslovak army abroad and on some other participants in the national exemption struggle), the Minister of Agriculture shall, in cases of special consideration due to the proposal of the Minister of National Defence, grant exemptions from the provisions of the previous sentence. '
2.
"(3) Where the local need for land is urgent to satisfy applicants authorised under Paragraph 8, paragraph 1, or where a public interest so requests, all or part of the residual good may be taken on a proposal from the peasant Commission. '
3. the first sentence of Paragraph 6 (4) shall be inserted at the end of the word "or in paragraph 3."
4. In Article 6 (5), the following sentence is added at the end:
"The Minister for Agriculture shall lay down more detailed rules for the implementation of this provision by means of a decree published in the Official Journal in Slovakia. '
5.
"(2) For land to be expropriated pursuant to Paragraph 1 (3), compensation shall be granted at the rate of the average general price over the last 10 years before the expropriation or at the rate of the general price at the time of expropriation, if this is lower but always reduced by 20%. '
6. In Article 7 (3), the words "the general price 'shall be replaced by the words" the price referred to in paragraph 2';
7. In Paragraph 7 (5), first sentence, the words "up to the general price of the property taken over 'shall be replaced by the words" up to the amount of the compensation for the property taken over'.
8.
"(6) The allocation procedure will be carried out by the Ministry of Agriculture (responsible for agriculture and land reform in Slovakia under the guidelines of the Ministry of Agriculture) in cooperation with the representatives of the applicants (peasant committees). The peasant committees are local and county. The local peasant committee, consisting of between 5 and 10 members, shall elect an authorised candidate (paragraphs 1 and 3) at the local national committee in whose district the land forming the subject of the revision or obtained for the purposes of the allocation and in neighbouring interest communities. The representatives of the local peasant committees shall elect a regional peasant committee at a regional national committee meeting which may have a maximum of 10 members. ';
9.
"(9) The Government shall issue more detailed provisions for the implementation of the provisions of paragraphs 1 to 8, in particular the maximum allowable area of allocation, land exchange and the composition, establishment and competence of the peasant commissions by regulation. ';
10.
"Paragraph 5 (1) and (2) of Act No. 16 / 1947 Coll. also applies to employees who are subject to the conditions laid down in § 2 (1) (a) and (b) of the same Act, but with whom the employment (service) ratio was untied without their fault as a result of the revision of the first land reform;"
11. in Paragraph 9 (1), the following provision 9 is inserted after Clause 8:
"Paragraph 8 (2) of Act No. 16 / 1947 Coll., in so far as it relates to rights arising from an earlier employment relationship, shall not apply;"
12. in Paragraph 9 (1), Clause 9 shall be renumbered to No 10.
13. the first sentence of Paragraph 15 (1) shall read as follows:
"Any transfer between the living, real distribution of ownership, smuggling or encumbrance of the property referred to in Paragraph 1 shall be void from 11 July 1947 for the period of revision without the approval of the Ministry of Agriculture; in Slovakia, the assent of the Agriculture and Land Reform Board pursuant to the guidelines of the Ministry of Agriculture. '
14.
"(2) Other provisions of § 29 of Act No. 90 / 1947 Coll. '
The interest rate on the interest rate on the compensation provided for in Article 59 of the Act of 8 April 1920, No. 329 Coll., on the taking over and compensation for the property seized (Replacement Act), as amended by the Law of 13 July 1922, No. 220 Coll., is 1%, with effect from 1 January 1948.
(1) The statement of management of the property taken over can be delivered not only by the District Court (Section 18 of the Replacement Act), but also directly by the Ministry of Agriculture, in Slovakia entrusted with agriculture and land reform, after their authorities. The denunciation given by the administration may also be a public decree, which shall be posted on the official municipal board in the municipality (municipality) in whose district the property is situated. When a public decree is given, a general statement is sufficient without giving names of the persons managing it. The denunciation shall be deemed to have been delivered on the day of the hanging.
(2) There shall be no appeal against the statement given pursuant to paragraph 1 and shall be enforceable in accordance with the provisions of the Decree of 13 January 1928, No 8 Coll., on proceedings concerning matters falling within the competence of the political authorities (administrative proceedings).
Article I shall apply from 12 August 1947, with the exception of Clause 8.
The Minister for Agriculture is hereby authorised to declare in the Collection of Laws and Regulations the full text of Act No. 142 / 1947 Coll., which results from the adaptations made by this Act.
This Act shall take effect on the day of its publication; it shall be implemented by the Minister for Agriculture in agreement with the participating members of the Government.
Dr Beneš v. r.
Zaporocký v. r.
Děuriš v. r.
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Regulation Information
| Citation | Act No. 44 / 1948 Coll., amending and supplementing the Act on the Revision of First Land Reform |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.1948 |
|---|---|
| Effective from | 14.04.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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