Act No. 46 / 1948 Coll.
New Land Reform Act (permanent adaptation of ownership to agricultural and forestry land)
Valid
Effective from 14.04.1948
46.
Law
of 21 March 1948
on new land reform (permanent adaptation of agricultural and forestry ownership).
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Property modification.
(1) The land ownership ratios (paragraph 7) are adjusted to ensure that land serving agricultural production belongs, unless otherwise provided for in this Act, to executive farmers according to the principle that land belongs to those working on it.
(2) The provisions of this Act shall apply to land ownership of the executive farmer where the area of his land, as indicated in paragraph 7, including the land of his family members (§ 4) exceeds 50 ha. Land (paragraph 7) in excess of that area, as well as built-up areas, courtyard and private roads, where they serve agricultural production and are not necessary for the proper management of an existing holding, shall be bought up by the State for compensation (§ 9 (1)) and allocated to eligible tenderers under the conditions set out in § 16.
(3) The State shall redeem (Paragraph 9 (1)) for the same purpose without account being taken of the area (paragraph 2) of land (paragraph 7) on which owners do not work permanently or which is owned by legal persons other than those referred to in Section 2. The land (paragraph 7) shall be left to the owner, at his request, in an area of 1 ha; if he asks to keep the area installed, the area shall be counted against that area of 1 ha. Land retained by the owner shall be redeemed if, within 10 years of the date of application of this law, the owner or his successor in title, or if later, within 10 years of his acquisition, does not manage or stop it. If the land is speculative, all land shall be purchased. The speculative land referred to in the previous sentence shall be land exceeding 1 ha, which the owner - non-farmer - has acquired and has not worked on since the acquisition. With the approval of the local peasant commissions, the land, the yield of which is used to maintain the spiritual state recognised by churches and religious societies, managing lower ecclesiastical offices (wealth of religious, local corps, local religious communities, etc.), may be left up to a maximum of 30 hectares.
(4) Paragraph 3 shall not apply to:
(a) land on which owners - farmers - cannot work for circumstances independent of their will (for example, for old age, minors, illness, widows, invalidity or public office),
(b) land of those who train for the agricultural profession,
(c) land of persons who have acquired it from parents or ancestors of the second degree - farmers - who, while not working on it, will return to work on it within one year of the publication of this law and, where minors are, within that one-year period or, at the latest, reaching maturity; within that period, the owner shall be entitled to give a six-month notice to the operator on that land,
(d) land on which parents or ancestors of the second degree - former owners - continue to work themselves; once this condition has passed, the owner may return to work on this land within one year,
(e) the land of executive farmers who have temporarily moved abroad, if, according to the circumstances, they are presumed to return and work on that land again,
(f) land up to an area of 2 ha, owned by workers, traders, public and private employees, provided that these categories of owners are subject only to payroll or trade tax.
However, the exemptions provided for in points (c) to (e) shall not apply in cases where the land is permanently smuggled for at least 18 years. In such cases, all land shall be purchased. Where, in the cases referred to in (a) to (e), the area of land exceeds 50 ha, the provisions of paragraph 2 shall apply mutatis mutandis to land exceeding that area.
(5) Furthermore, the provisions of paragraph 3 shall not apply to land the property of which the owners have proven to need to supplement their income which is not sufficient for their existence. The principle is that the owner is left with as much land as is sufficient for his total pension, including the pension of his family members (§ 4), to reach twice the tax-free minimum under the rules applicable to the taxation of the occupational pension, but at least twice the tax-free four-member family. The size of the land left must not exceed 4 ha.
(6) The land belonging to the co-owners shall be purchased with the ideal shares, after the corresponding real shares, in proportion to their ownership shares, after the measure of the other land. In the cases referred to in paragraph 2, a member of the family shall be redeemed (Paragraph 4) in such a way that the ratio of the area of his or her land to the area of the person concerned remains unchanged even after redemption.
(7) All land serving agricultural production shall be included in the area referred to in paragraph 2.
(8) Land (paragraph 7) means all real estate and rights associated with its ownership.
(9) Where this law refers to the owner, it is understood that the land held by the owner, this holder, or the transfer of ownership, is not yet completed by the library registration, in the countries of the Czech and Moravian-Silesian heirs or the referee to whom the land is to be found.
(1) The provisions of this Act do not apply to land
(a) the State, state-owned enterprises and funds, the territorial authorities' associations and the Unified Union of Farmers;
(b) agricultural cooperatives consisting of executive farmers, without prejudice to § 3;
(c) which serve the purposes of public-service foundations or social or health care facilities, or which are economically related to the performance of their tasks, if the competent Ministry, in agreement with the Ministry of Agriculture, confirms the general benefit of the foundations or facilities;
(d) agricultural cooperatives other than production cooperatives, if the Minister of Agriculture confirms that they need it for the proper operation and development of the undertaking;
(e) national undertakings established under nationalisation laws and regulations are implementing and complementary if the competent minister, in agreement with the Minister for Agriculture, confirms that the industrial undertaking in question has a raw material base for its production in the soil and that it is necessary for the proper operation and development of the undertaking;
(f) breeding holdings which, before the application of this law, have been authorised to breed seed and seed under the relevant rules, if they are actually engaged and recognised by the Ministry of Agriculture on the basis of a proposal from the Single Union of Farmers concerned.
(2) The Minister of Agriculture shall, on a proposal from the Minister of Industry and, as regards the food industry, on a proposal from the Minister of Nutrition, after hearing the Central Council of Farmers within the scope of this Act and the land of industrial undertakings other than those referred to in paragraph 1 (e), if necessary for the proper operation and development of the undertaking.
(3) The arrangements for the property of urban municipalities (the social assets of former urbarists), composesorates, singulars and similar legal services and property of grassland communities and grassland cooperatives will be implemented by a special law, excluding the provisions of Section 3, paragraph 4.
(1) According to Article 1, a member of the agricultural production cooperative and its holding in the cooperative is assessed as if he owned the part of the cooperative land corresponding to the amount (s) of his cooperative interest in the event of a real division of the cooperative land.
(2) If a member of the cooperative and its members of the family (§ 4) has more land than the area set out in § 1 (2), the State shall redeem that part of the share corresponding to the area exceeding that set out in § 1 (2). Paragraph 1 (3) to (5) shall also apply mutatis mutandis to members of the cooperative.
(3) When determining the area referred to in Article 1 (2), the land corresponding to the cooperative holding shall be added up with the own land of the member and his family members (Article 4).
(4) The provisions of this paragraph shall apply mutatis mutandis to equity shares in the legal services referred to in Paragraph 2 (3).
The members of the family of the owner of the land subject to redemption are, under this law, related in a series of ascending (also the adopters), relatives in a series of descending (also the adopters), siblings, spouse (type, mate) and his siblings, son-in-law, daughter-in-law and mother-in-law, provided that they are permanently living in the same household with the owner.
If the conditions set out in Paragraph 1 (2) or (3) are fulfilled after the publication of this Act, the State shall redeem the land under this Act.
(1) The owner of the land subject to the buyout provided for in Article 1 (2) is entitled to choose either agricultural or forest land, or both, of the average value (bonites) of the relevant type of land in its choice. In determining the average, tolerances up to 10 per cent are allowed. In the cases referred to in paragraphs 1, 3 and 5, the owner shall be free to choose. However, it is always important to ensure that the owner is left to the extent possible with a coherent economic unit and that the public interest (e.g. land-coupage) and the efficient use of the land purchased (§ 16) are not jeopardised.
(2) The Government will issue closer provisions on land selection and on the detection of the average value (Bonita) by regulation.
Property inventory.
(1) The landowner exceeding the permissible area (§ 1, paragraph 2 and paragraph 4, last sentence) is obliged to submit within 45 days of the publication of the Decree pursuant to § 8, paragraph 2 to the competent local national committee, in Slovakia three times, an inventory of his land, indicating the rights attached to his ownership. If the land lies in the district of different municipalities, the owner shall submit an inventory in the municipality of his residence.
(2) The person submitting the inventory shall not waive the objection that the conditions for redemption are not met in its case. The reasoned objections must be lodged at the same time as the list.
(3) The local national committee shall identify the owners of the land covered by the provisions of Sections 1, 3 to 5 for the cooperation of the local peasant committee and the local association of the relevant Union of Farmers, and shall invite them, after publication of the Decree pursuant to Section 8, paragraph 2, to submit a double list of the land in Slovakia within 30 days of receipt of the invitation. There's no appeal against an inventory call. The provisions of the preceding paragraphs shall apply mutatis mutandis.
(4) In the cases referred to in § 5, the owner shall submit an inventory without notice within 45 days of the date on which the circumstances applicable under § 1, paragraph 2 or 3 occurred. Otherwise, the provisions of the preceding paragraphs shall apply mutatis mutandis.
(5) The local national committee shall send one copy of the inventory to the Ministry of Agriculture or to the body designated by it, in Slovakia, also to agriculture and land reform, and inform the local peasant committee immediately of the inventory in order to initiate the procedure laid down in Section 10.
(6) The Ministry of Agriculture may order the initiation of proceedings to determine whether the conditions for redemption are laid down and to take the necessary measures.
(1) The inventory shall include physical persons without distinction between nationality and citizenship and legal persons, both domestic and foreign, where they are owners (§ 1 (9) of the land subject to redemption. Where persons are a list of persons who are not reported, if they are staying abroad, or if their property is under national or other official administration, the inventory shall be required by the user or the national (official) manager of the property covered by the inventory. If the inventory is not lodged by the person required to do so within the prescribed time limit or if the land is abandoned, the inventory shall be submitted by the local national committee.
(2) Further rules on the inventory are laid down by the Minister for Agriculture by decree in the Official Journal.
Financial arrangements.
(1) The State grants compensation for the land purchased at the rate of the average general price over the last 10 years prior to the purchase or at the rate of the general price at the time of the purchase, provided that the latter is lower but always reduced by 20%. Workers, traders, public and private employees shall be granted this compensation without any reduction in the area of 10 hectares of land purchased and not speculative (Section 1, paragraph 3, second last sentence).
(2) The compensation referred to in paragraph 1 and the reimbursement of debts and burdens (§ 11) shall be granted in securities, in other amounts or in cash, in the cases referred to in § 1 (5) in principle in cash; detailed provisions on compensation for land purchased shall be laid down by the Government by regulation.
(3) The purchase of land obtained shall be awarded to eligible tenderers at a price equal to the price of the purchase without deduction, calculated in accordance with paragraph 1, first sentence, less 10%. In cases of special consideration, an allocation price of up to 15 years may be allowed.
(4) Compensation payments (paragraph 2) are made and allocation prices (paragraph 3) are accepted on behalf of the State by the National Land Fund at the Ministry of Agriculture (hereinafter referred to as "the Fund"), which also provides accounting and teller services. All the effects, costs and mining resulting from the implementation of this Act shall be charged separately from the other funds managed by it, paying for any deficit resulting from the implementation of this Act in the Czech and Moravian-Silesian countries.
(5) In order to carry out the tasks set out by this Act, the public administration will gradually release an advance of up to CZK 150 million as required by the Fund. Subject to the provisions of paragraph 6, the Fund shall repay the advance to the Financial Administration as soon as its financial conditions permit, but not later than 10 years after its release, provided that, under the agreement of the Ministry of Finance with the Fund, it has not previously been made after the hearing of the Supreme Accounting Audit Office, counted and accounted for by the State in respect of the Fund.
(6) The competence of the Fund in the performance of the tasks assigned to it in the preceding paragraphs also applies to Slovakia; a special account shall be opened for this purpose for the delegates of agriculture and land reform (the Slovak Land Fund). The Fund shall transfer to this account an advance of 150 million Kčs a proportion as required, the extent of the purchase and the allocation of land under this Act. The part of the advance thus transferred will be returned to the management of the farm and land reforms (the Slovak Land Fund). The delegation shall also pay any deficit resulting from the implementation of this law in Slovakia.
Land purchase.
(1) The local peasant committee, in cooperation with the local association of the relevant Union of Farmers, will in each individual case seek an agreement with the owner (§ 1, paragraph 2 to 6) on whether and which of its land will be redeemed. The agreed agreement shall be subject to the approval of the local national committee, which shall submit it to the district national committee for the issue of a redemption notice and for the implementation of the procedure referred to in paragraph 2. If no agreement is reached or not approved by the local national committee, the local national committee shall submit the files to the district national committee for a decision on the purchase and, where appropriate, for the procedure referred to in paragraph 2. In both cases, the District National Committee shall submit a copy of the final decision on the buyout to the Ministry of Agriculture or to the authority authorised by it.
(2) The District National Committee will request a library request by the library court to make a reference to the execution of the purchase under this law in the land register and to establish a refund procedure to be carried out by the local peasant commission and the local association of the relevant Union of Farmers for the co-operation.
(3) A note of the execution of the purchase (paragraph 2) in the land register has the effect of transferring ownership to the purchased land to the Czechoslovak State. If the land is not registered in land books on the territory of the Czechoslovak Republic, or if the land is not compatible between the actual and the library condition, the purchase shall be declared by decree of the District National Committee on its official record, which has the effect of transferring ownership to the land purchased according to the previous sentence. The decree will also be posted on the official board in the respective municipality. The Czechoslovak State shall be recorded in the Land Register as the holder of the purchased land with effect from the date of the note of execution of the purchase in the Land Book, after the date of publication of the Decree on the official plate of the District National Committee.
(4) The Ministry of Agriculture may initiate the procedure referred to in paragraph 1 itself if it is not initiated within 30 days of the date on which the local peasant committee was informed of the filing of the inventory (§ 7 (5)) and it may issue a decision on the redemption, unless it is issued by the district national committee within 60 days of the submission of the files by the local national committee.
(5) The Minister for Agriculture will issue more detailed rules on buyout by decree in the Official Journal.
(1) The provisions of the Act of 8 April 1920, No. 329 Coll., on the taking-over and reimbursement of property seized by land (Replacement Act), as amended by the Law of 13 July 1922, No. 220 Coll., in which the library creditors and other creditors whose rights will be affected by the ransom, as well as the creditors who have lent the State guarantee, are subject to reimbursement up to the amount of the purchase price (§ 9, par. 1), apply mutatis mutandis to the settlement of the rights of the redeemed land and liabilities. Library liabilities linked to unpurchased land shall be reduced in proportion to the value of that land to the total value of all land prior to purchase.
(2) The replacement or widower's right of consumption, which is bound on land which is subject to the buyout provided for in Article 1 (2), shall remain secured to the remaining unpurchased property, unless otherwise agreed with the authorisation. In cases of special consideration, the redemption provided for in Paragraph 1 (3) may be waived where such rights are maintained. According to the provisions of the previous sentence, other social cases of special consideration may be treated mutatis mutandis.
A statement of management of the land purchased shall be given by the Ministry of Agriculture or by the body responsible for it for at least three months so that the land can be taken over after the harvest; otherwise the provisions of Sections 12 to 25 of the Replacement Act apply mutatis mutandis. The denunciation can be delivered not only by the District Court (Section 18 of the Replacement Act), but also directly by the Ministry of Agriculture, following the case of its authorities. The denunciation given by the administration may also be a public decree, which shall appear on the official municipal board in the municipality (s) in whose district the redeemed land lies. 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. There is no appeal against the statement and it is enforceable in accordance with the provisions of the Government Decree of 13 January 1928, No 8 Coll., on proceedings in matters falling within the competence of political authorities (administrative proceedings).
(1) The transfer of ownership between the living, the real distribution of ownership, the smuggling and the contractual and enforcement burdens of the land subject to the ransom procedure shall be permitted only with the consent of the Ministry of Agriculture until the final execution of the purchase and take-over; otherwise they are invalid. However, the land burden ban does not apply to taxes, fees and other public benefits.
(2) The legal acts referred to in paragraph 1, concluded after 4 April 1947 before the application of this Act, are invalid without the additional approval of the Ministry of Agriculture.
Management on land subject to redemption and treatment of equipment.
(1) The provisions of the Act of 1 April 1947, No. 55 Coll., on aid to farmers in the implementation of an agricultural production plan, apply to land subject to redemption. If necessary, national administrations may be introduced to the land subject to redemption, including in Slovakia, pursuant to § 3 of the Decree of 19 May 1945 of the President of the Republic, No 5 Coll., on the nullity of certain property-law acts from the period of infreedom and on the national administration of property values of Germans, Hungarians, traitors and collaborators and certain organisations and institutes.
(2) At the time of taking over the redeemed land, the owners of a live and dead establishment which has so far served its management shall be obliged to sell to the State at official price a proportion of that establishment; If no official price is fixed, the common price shall apply. The Minister for Agriculture shall issue more detailed provisions for the implementation of this provision by means of a decree in the Official Journal.
The peasant committee.
(1) The peasants' committees are local and regional. The local peasant committee, comprising between 5 and 10 members, shall choose the eligible candidates for the local national committee in whose district the land subject to redemption is located and the neighbouring interest municipalities. The representatives of the local peasant committees shall elect a member of the county peasant committee at a meeting of 10. The County peasant Commission is the coordinating body of the local peasant committees of the District National Committee.
(2) If the land subject to buyout exceeds the circumference of one municipality, the peasant commissions of the participating municipalities may hold joint meetings with a view to a uniform procedure and instruct their representatives to deal with common cases.
(3) In particular, the peasant Commission shall examine the land subject to the purchase and the circumstances determining pursuant to Article 1 (4), negotiate agreements with regard to the choice of land retained by the owner, co-operate in the allocation procedures referred to in Article 16, and in the determination of refunds and allocation prices, shall also appeal pursuant to Article 21 and shall draw up opinions at the request of the Ministry of Agriculture or its institutions.
(4) The Ministry of Agriculture may send expert bodies to the peasant committees to overcome the tasks of implementing this law.
(5) The Minister for Agriculture will issue more detailed provisions on the composition, establishment and competence of the peasant commissions by means of a decree in the Official Journal.
Soil rations.
(1) If the redeemed land is not retained by the State as compensation for public or future allocations, the Ministry of Agriculture shall assign it to the property of:
(a) small-scale farmers to supplement their self-sufficient settlements;
(b) small smellers, in particular with regard to the allocation of land so far cultivated by them, unless the smelt which has ceased to exist after the publication of the Law of 3 July 1947, No 139 Coll., on the distribution of the survivors with agricultural holdings and on the avoidance of the shedding of agricultural land, the sum of the own and allocated land shall not exceed the area laid down for the allocation in paragraph 2, without prejudice to the provisions of paragraph 5, second-last sentence;
(c) agricultural workers, small farmers and other persons for the creation of self-sufficient agricultural holdings;
(d) small and medium-sized farmers who have been expropriated after 1 January 1930 for roads, railways or other objects of public interest;
(e) municipalities and counties, as well as other public bodies, for public purposes, in particular for the planned implementation of housing care, and for public-service construction and housing cooperatives;
(f) agricultural cooperatives for the purpose of joint management and other agricultural cooperatives for their operation;
(g) workers, public and private workers and retailers up to an area of not more than 0,5 ha for the construction of their own house or for the establishment of a garden or the extension of operating facilities;
(h) on a proposal from the relevant Minister for Industrial Enterprises, if they are necessarily in need of it for their proper operation and development.
(2) In implementing the allocation, it is to be carried out in such a way that, without prejudice to the priority right (paragraph 5), as many of the applicants from among the holders of non-self-sufficient settlements are satisfied and that these settlements are supplemented to the greatest extent of self-sufficiency. The farms with the smallest area of land of 5 ha in the beet region, 8 ha in the grain sector, 10 ha in the potato sector and 15 ha in the pasture area are considered to be self-sufficient settlements. If the soil does not correspond to the average bonality of the production area, the smallest area may be assessed according to the area corresponding to its bonality. If there is sufficient land, the land may be allocated to replenish the housing area up to twice the smallest area of the self-sufficient estate after satisfying the eligible applicants. For the determination of individual production areas, the Government Decree of 21 October 1947, No 183 Coll., determining agricultural production areas, applies.
(3) Candidates for the allocation referred to in paragraph 1 must also demonstrate:
(a) that they are Czechoslovak state citizens or that they are treated as such pursuant to § 1 or § 2 of the Constitutional Law of 12 April 1946, No 74 Coll., on the granting of citizenship to countrymen returning to their homeland,
(b) that both they and their family members living with them in the common household are Czech, Slovak or other Slavic nationalities, that they have not lost the right to vote and that they are nationally and permanently reliable. The nationality provisions do not apply to persons appointed in Sections 1 and 6 of the Act of 19 December 1946, No. 255 Coll., on members of the Czechoslovak army abroad and on certain other participants in the national struggle for liberation. As regards the persons referred to in § 84 (1) of the Act of 18 July 1946, No 164 Coll., on the care of military and war victims and victims of war and fascist persecution, the provisions on nationality do not apply if they are not nationals of German or Hungarian nationality.
(4) Authorised tenderers (paragraph 1) who do not have a permanent residence in the municipality of which the land is allocated are entitled to the allocation of land in that municipality only if they cannot obtain the allocation of land under the decree of the President of the Republic of 21 June 1945, No 12 Coll., on confiscation and accelerated distribution of the agricultural assets of the Germans, the Hungarians, as well as the traitors and enemies of the Czech and Slovak peoples, and on 19 December 1945, No 28 Sb., on the settlement of the agricultural land of Germans, Hungarians and other enemies of the state of the Czech, Slovak and other Slavic farmers, or under the Decree of the Slovak National Council of 23 August 1945, No 104 SSR, on the Confiscation and the rapid distribution of the agricultural assets of the Germans, as well as well as well as a traitor and enemies of the Slovak people, as amended of the Slovak National Council of 14 May 1946, no.
(5) The priority right to land allocation shall be authorised by tenderers (paragraph 1), namely:
(a) small stingers, as referred to in paragraph 1 (b);
(b) small farmers and small smugglers damaged by war;
(c) tenderers referred to in paragraph 1 (d);
(d) executive farmers who, after 1 January 1930, have ceased their property without their fault in selling the property in execution in respect of that property or part thereof;
(e) countrymen returning to their homeland, referred to in the Act of 1 July 1947, No 138 Coll., on the care of immigrants, as well as some of their priority rights;
(f) persons referred to in § 84 (1) of Act No. 164 / 1946 Coll.,
g) receding co-heirs pursuant to § 10 of Act No. 139 / 1947 Coll.
Among the persons of the individual groups referred to under points (a) to (g), the priority right to the allocation of land of the person appointed in Sections 1 and 6 of Act No. 255 / 1946 Coll. Where the persons referred to in point (a) are concerned, the land allocation shall be granted to them up to twice as many self-sufficient holdings, irrespective of the penultimate sentence of paragraph 2, but not less than 15 hectares. In doing so, the area of the own soil of these smelters is included.
(6) Forestry units, if not allocated to the State, are allocated to territorial authorities or forestry cooperatives, unless they normally exceed 100 hectares, in particular in exceptional cases to forest cooperatives up to 250 hectares, taking into account the needs of the economic forestry units. Cooperatives shall be considered as forest cooperatives made up of a union of territorial self-government or of individuals if they are eligible candidates under this law. A small forest area of about 2 ha may be allocated to individual executive farmers, closed or implanted in their agricultural assets or allocation.
(7) If there is a need for an allocation or public interest, the exchange of land redeemed under this law may be negotiated.
(8) The allocation procedure shall be carried out by the Ministry of Agriculture in cooperation with the representatives of the tenderers (peasant committees).
(9) The provisions of Part IV of the Act of 8 May 1947, No. 90 Coll., on the implementation of the library order of the parties to the confiscated enemy property and on the modification of certain legal regimes applicable to the allocated property shall apply mutatis mutandis to the adjustment of the legal ratios applicable to the allocated land.
(10) The Minister for Agriculture shall issue more detailed rules for implementing the provisions of paragraphs 1 to 9 by means of a decree in the Official Journal.
The land allocated shall be transferred from the day on which the holding is taken over to the ownership of the allocation. The allocation is required to personally work with the care of a proper operator on the land allocated.
(1) The Ministry of Agriculture may, by decree published in the Collection of Laws and Regulations, transfer the library order to the Fund under this Act; In Slovakia, the Ministry of Agriculture and Land Reform is responsible for the implementation of the library system.
(2) The provisions of Act No. 90 / 1947 Coll. apply mutatis mutandis to the implementation of the library order, while the property right to the assigned properties may be transferred directly from the existing owners to the allocation.
If adjustments are made in the municipality according to the formation or water law, the allocation is required to submit its land assets to such adjustments.
Employee security.
(1) The law of 30 January 1947, No. 16 Coll., on the placement and other provision of employees on confiscated agricultural property and their family members, applies mutatis mutandis to the security of workers on the redeemed land which has lost their current employment, including in Slovakia, with the following derogations:
1. where the Act No. 16 / 1947 Coll. refers to confiscated agricultural property, after its confiscation under Decree No. 12 / 1945 Coll., the Act refers to the land purchased, after the redemption;
2. where the National Land Fund in the Ministry of Agriculture is referred to in Act No. 16 / 1947 Coll. this means in Slovakia responsible for agriculture and land reform;
3. Paragraph 5, paragraph 3, and § 8, paragraph 2 of Act No. 16 / 1947 Coll., as regards rights from the former employment relationship, shall not apply for the purposes of this Act;
4. in § § § 1 and § 2 of Act No. 16 / 1947 Coll. on 23 June 1945, the date on which the land will be redeemed under this law is replaced;
5. In Slovakia, employees, listed in Section 4 of Act No. 16 / 1947 Coll., may apply for an allocation under Regulation No. 104 / 1945 Coll. SNR as amended by Regulations No. 64 / 1946 Coll. SNR and No. 89 / 1947 Coll. with priority right as persons named in Section 12 of that Regulation;
6. Pursuant to Article 5 of Act No. 16 / 1947 Coll., the holders of public insurance shall grant an old-age or invalidity pension starting on the date on which the employee's employment on the land purchased ended as a result of the purchase;
7. place of 23 June 1945 and the initial effective date of Act No. 16 / 1947 Coll., referred to in § 6 of the same Act, starts with the initial effective day of the Act;
8. The application pursuant to Article 8 of Act No. 16 / 1947 Coll. shall be submitted within 60 days of the date on which the land will be redeemed under this law;
9. For Slovakia, as regards the provisions of § 9 of Act No. 16 / 1947 Coll., instead of the provisions of Decrees No. 12 / 1945 Coll. and No. 28 / 1945 Coll. similar provisions of Regulation No. 104 / 1945 Coll. SNR as amended by Regulations No. 64 / 1946 Coll. and No. 89 / 1947 Coll. SNR;
10. Paragraph 11 of Act No. 16 / 1947 Coll. does not apply here.
(2) The Minister of Agriculture is hereby authorised to amend and, in the Collection of Laws and Regulations, to declare, in a continuous sequence of paragraphs, the text of Act No. 16 / 1947 Coll. for the purposes of this Act, as follows from the regulation referred to in paragraph 1.
Final provisions.
By decision of the District National Committee, it is possible to appeal to the Regional National Committee, Slovakia, to the delegation of agriculture and land reform. There is no appeal against decisions of agreement. Against the amendment of the decision of the Regional National Committee, in Slovakia by the authority of agriculture and land reform, the Ministry of Agriculture may be appealed to.
(1) If the Minister (Ministry) has made a general adjustment under the previous provisions, he will do so for Slovakia, after having expressed the relevant delegate (delegate), who will agree with the delegates involved (delegates).
(2) The Ministers (Ministries) and the Fund exercise their powers under this Act in Slovakia through the relevant delegates (delegates) who follow the directives issued by the Minister (Ministry), after the Fund.
(3) Statements published in the Official Gazette, issued under this Act, shall also be published in the Official Journal by the delegate concerned.
The legal acts, documents and library records required for the implementation of this Act shall be exempt from fees, taxes and benefits, including benefits from the addition of the value of real estate.
Property benefits from redeemed land.
(1) Paragraph 1 to 4 of the Act of 12 August 1921, No 323 Coll., which further regulates the property levy and the property increase on the property occupied, as amended by the laws amending it, applies mutatis mutandis to property benefits under the Act of 15 May 1946, No 134 Coll., on the property levy and on the property levy, and under the Law of 31 October 1947, No 185 Coll., on the exceptional one-off levy and the exceptional levy on excess capital gains, with the following derogations:
1. If the land is fully or partially redeemed within 10 years of the initial date of application of this Act, the proportion of the property benefit, the property increment benefit, the exceptional one-off benefits provided for in Paragraph 3 (1) (b) of Act No. 185 / 1947 Coll. and the exceptional benefits from excess capital gains payable by the previous owner shall be deducted under the following conditions:
(a) the asset benefit, the exceptional one-off levy provided for in Article 3 (1) (b) of Regulation No 185 / 1947 Coll. and the exceptional levy on excessive gains in property if the value of the land purchased, determined for the purposes of these benefits, is higher than the compensation provided for in this law;
(b) an increase in property levy where the amount of the individual property items and rights belonging to the land purchased is higher than the compensation paid under this law. If there is no right to write off the benefit in this way, the amount referred to in the previous sentence shall be reduced in the same proportion as the value of the redeemed land calculated for the benefit of the property, to the refund, if the proportion in which that value, without any premium or deduction, would be payable if the former owner had been obliged to pay the benefit of the property.
2. If the state of the purchased land has deteriorated since the final date of the final date (i.e. 15 November 1945 or 31 December 1947) until the date of the purchase, in such a way that the deterioration has had an effect on the fixing of the refund, this loss, if it is to be established that the levy referred to in No 1 is amortised, is added to the refund. On the other hand, the value to be deducted from the compensation shall be that of the investments that took place after the final date.
(2) The tax payers to whom the land has been redeemed under this Act shall, upon application of an interest-free deferral, pay an exceptional lump-sum levy and an exceptional levy on excess property gains under Act No. 185 / 1947 Coll., which is proportionate to the land redeemed and not yet paid, until the amount of the claim resulting from the claim for compensation for the redeemed land has been determined. The portion of the benefits to be paid shall be deducted from the refund granted.
(1) Those who do not submit an inventory in time (Sections 7 and 8), or who intentionally make false information in it, shall also, who shall disclose false information in order to obtain benefits under Sections 1, 4 and 5, Section 16 or Section 20, be punished - if not otherwise criminal - by the county national penalty committee up to 50 000 CZK or by imprisonment within 6 months, after both these penalties. If a fine is imposed, an alternative prison sentence shall also be imposed within the limits of the free penalty rate in case of imperfections.
(2) The penalty for offences referred to in paragraph 1 shall be limited within one year of the date on which they were committed.
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. 46 / 1948 Coll., on New Land Reform (permanent modification of ownership of agricultural and forestry land) |
|---|---|
| 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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