Government Decree No. 50 / 1955 Coll.
Regulation on certain measures to ensure agricultural production
Valid
Effective from 26.10.1955
50.
Government Regulation
of 21 September 1955
on certain measures to ensure agricultural production.
The Government of the Czechoslovak Republic orders pursuant to § 15 paragraph 1 of Act No. 12 / 1955 Coll., on the State Plan for the Development of the National Economy of the Czechoslovak Republic for 1955:
Initial provision.
The development of agricultural production, which is a precondition for improving the nutrition of the working people and thus the constant growth of their standard of living, requires that all land eligible for agricultural cultivation be used and properly managed on this land. This Regulation lays down the manner and measures to help achieve this objective.
Securing agricultural production on farms of efficient farmers.
Farmland owners are obliged to ensure that their agricultural land is properly cultivated.
Securing agricultural production on agricultural land of small and medium-sized peasants.
(1) Small or medium-sized farmers who are unable to properly manage their agricultural land for serious personal reasons (disease, old age and beyond) or for lack of labour within their family or operational facilities, and who do not manage the land or otherwise (e.g. rent), are obliged to notify it through the executive body of the local national committee to the Regional National Committee's agricultural department as soon as those reasons have occurred. The Agricultural Department of the Council of the District National Committee shall, in cooperation with the Executive Authority of the Local National Committee, provide all-round assistance to these farmers.
(2) To this end, the Agriculture Department of the Council of the District National Committee, in cooperation with the Executive Authority of the Local National Committee
(a) obtain small and medium-sized farmers by convincing them of the advantages of agricultural cooperative production to enter the single agricultural cooperative and, if not in place, act to establish it;
(b) arrange assistance for small and medium-sized farmers in accordance with the provisions of Part Four.
(1) If it is not possible to ensure the cultivation of agricultural land by a small or medium-sized farmer in the manner provided for in Article 3, the agricultural department of the Council of the District National Committee shall, in conjunction with the executive body of the local national committee, consult the local farmer in order to conclude a contract with the socialist sector's agricultural plant on the surrender of part of its land, and, after the case, the operational establishment, or the entire holding, for the use of production (hereinafter referred to as "use ') to that farm.
(2) The contract is concluded for a minimum period of six years. The user is obliged to pay the small or medium-sized farmer compensation for the use of the property in the amount and time specified by the contract. The owner's agreement with the user may be terminated even before the expiry of a period of six years; the owner's heir can agree with the user. In the contract it can be agreed that the user will buy the live inventory and supplies from the owner.
(3) The content, duration and termination of the use of the assets transferred shall, unless otherwise provided for in the contract, be subject to the provisions of Part Three and Section 27 accordingly.
If it is not possible to ensure the cultivation of agricultural land or the contractual submission of real estate in accordance with the provisions of Section 4, the management authority of the local national committee shall entrust part of the agricultural land to the owner, and after the operation, or its entire holding, to the farm plants of the socialist sector for at least six years and, if this is not possible, to small and medium-sized peasants in the municipality who are able to properly cultivate it.
If a small or medium-sized peasant who is not justified by reasons preventing the proper cultivation of agricultural land (§ 3) does not provide for his or her land to be cultivated in a timely manner and has not been corrected by the management authority of the local national committee, the management authority of the local national committee may order that farm (part of it) with the establishment (part of it) for at least six years until the use of agricultural plants in the socialist sector and, if this is not possible, small and medium-sized peasants who are able to manage it properly.
If the management authority of the local national committee has not been able to ensure the cultivation of agricultural land under the previous provisions, it shall notify the Agriculture Department of the Regional National Committee. If the Agricultural Department of the Council of the District National Committee finds this notification justified, it shall order the holding (part of it) with the establishment (part of it) to use the machinery and tractor station. The machinery and tractor station shall manage the farm with the assistance of the executive body of the local national committee and the agricultural department of the district national committee.
Securing agricultural production on the agricultural land of kulaks.
(1) If the round cannot ensure proper management of its holdings for sickness, old age and so on, it is obliged to notify it through the executive body of the local national committee to the Regional National Committee's Agriculture Department. The Agricultural Department of the Council of the District National Committee, acting in conjunction with the executive body of the Local National Committee, shall discuss the round-off of ensuring the proper management of its estate. Kulak can either volunteer to offer the State to take over the estate free of charge, or to give his consent that his estate be allocated free of charge to the agricultural plant of the socialist sector.
(2) If it is not possible for the farm to take over the farm as provided for in paragraph 1 to take over the farm plant of the socialist sector, it shall take over the farm free of charge by decision of the agricultural section of the Council of the District National Committee until a single agricultural cooperative, machinery and tractor station is established in the municipality. The machinery and tractor station shall manage the farm with the assistance of the executive body of the local national committee and the agricultural department of the district national committee.
If the round does not offer the country's estate or even the farm's orders to use it with the agreement of the round (Paragraph 8 (1)), the management authority of the local national committee shall order the local farm to use the farm plant of the socialist sector free of charge. Paragraph 8 (2) shall apply mutatis mutandis.
Providing agricultural production on agricultural land to owners who are not efficient farmers.
(1) Any owner of agricultural land who does not continuously manage it is obliged to take care of its own cultivation. If the owner does not manage on this land himself and if the other conditions for the purchase of the land are met under Act No. 46 / 1948 Coll., for a new land reform, the purchase of land shall be carried out. However, the owner may also offer voluntarily to the State to take over its land free of charge. Where land purchases are carried out, the Agricultural Department of the Council of the District National Committee shall hand over the land purchased to a single agricultural cooperative for permanent use or transfer it to the administration of a state farm (research or school farm); If it is not possible in this way to ensure the cultivation of this land, the management body of the local national committee shall order it to be used by small and medium-sized farmers who are able to properly cultivate this land.
(2) If the conditions for the purchase of land under Act No. 46 / 1948 Coll., are not fulfilled, if the owner does not voluntarily offer the land of the State, and does not take care of its own cultivation or otherwise, the management body of the local national committee shall order the land to be used by the farm plant of the socialist sector and, if this is not possible, the small and medium-sized peasants who are able to properly cultivate it.
(3) If neither small or medium-sized farmers can ensure the cultivation of agricultural land under the provisions of the preceding paragraphs, the agricultural department of the Council of the District National Committee shall order it to use the machinery and tractor station.
Use of agricultural land.
(1) The management body of the local national committee will not order agricultural land to be used by small and medium-sized farmers who, for serious personal reasons (e.g. illness, old age) or for lack of labour in their family, could not properly manage it.
(2) Where small and medium-sized farmers are unable to ensure the cultivation of agricultural land which, according to the current rules, has been assigned to them in compulsory rent, in particular due to a large area of their own agricultural land or a shortage of labour, the Agricultural Department of the Council of the District National Committee may, after a statement by the Executive Authority of the Local National Committee, cancel, in whole or in part, at the reasoned request of the small or medium-sized farmer, the decision by which the land was assigned to it in compulsory rent; the land shall be assigned to use by the management authority of the local national committee in accordance with the principles set out in Parts One and Two.
The management authority of the local national committee shall record the allocation of agricultural land with operational equipment, with the participation of the owner, user and representative of the agricultural department of the Council of the district national committee. The registration shall include a list of land and plant and an evaluation of that installation.
Operating equipment means live and dead inventory, stocks and field inventory, farm installations and buildings used for agricultural production, but not buildings (parts of buildings) used for residential purposes. The management authority of the local national committee may, with the prior approval of the Council of the District National Committee, order the use of residential buildings (parts of them), with the exception of the family home, if this requires an urgent interest in securing or increasing agricultural production and if this is to be taken into account.
(1) Before deciding to assign agricultural land to the use of small and medium-sized farmers, the management body of the local national committee shall, after consulting and explaining the importance of the cultivation of land to ensure the maintenance of the people and the defence of the country at the assembly of farmers in the municipality, ensure that they are obtained primarily for the voluntary taking of agricultural land into use.
(2) The executive body of the local national committee may not rule out the suspensory effect of the appeal of a small or medium-sized farmer, lodged by a decision authorising him to use agricultural land.
On a proposal from the Executive Authority of the Local National Committee, the Agriculture Department of the Council of the District National Committee shall determine, within the limits of the rules in force, the amount of annual compensation for the use of agricultural land, after operations and residential buildings, and its maturity. In determining the amount of the refund, the agricultural section of the Council of the District National Committee shall consider all circumstances, in particular the state of the land to be used, so that its decision corresponds to the user's options and the justified needs of the owner; if the maintenance of the owner and his family is otherwise assured, he may also waive the determination of the refund.
(1) The user is obliged to properly manage the agricultural land assigned to him; the compensation for use shall be payable within the time limit and the amount fixed by the Agriculture Department of the Council of the District National Committee.
(2) The user may, without the consent of the owner on agricultural land, make use of the adjustment required to ensure or increase agricultural production. Where the holding of the round or the whole farm of a small or medium-sized peasant has been assigned to the farm plant of the socialist sector, the user is entitled to establish a permanent structure (right of construction) on the grounds of the estate or farm to ensure or increase the agricultural production of the user.
(1) If the period of use is over, the management authority of the local national committee of use shall again extend for at least six years if the owner of the agricultural land has not changed the ratios justifying the land to be used or if the owner does not compensate for the costs incurred by the user to secure or increase agricultural production on the agricultural land, after the operation of the establishment, provided that the investments in the property at the time of end of use continue. If the user manages the agricultural land properly, the agricultural land may be used by another user only with the consent of the current user. In order to extend the commandments of agricultural land to use, the provisions on the commandments of agricultural land to use shall apply mutatis mutandis, unless otherwise provided for in the nature of the cases.
(2) When dead and live inventory and stocks have been ordered to be used, the user returns these items in the same number and species when the use ends.
The management body of the local national committee shall, after hearing the user, cancel the use before the expiry of the period for which the agricultural land has been allocated, if the ownership ratios have changed so that he can ensure proper cultivation of his land and compensate for the costs referred to in Section 17.
Ensuring assistance for agricultural work.
In cooperation with the executive bodies of the local national committees, the agricultural unions of the councils of the county national committees shall provide assistance to small and medium-sized peasants, in particular by organising voluntary neighbourhood assistance for labour, providing labour in top jobs and facilitating the conclusion of a contract between the farmer and the machinery and tractor station on the cultivation of his land and on other work.
(1) If the owner of the agricultural land is not required to have the necessary economic equipment, e.g. tools, machinery and covers (hereinafter referred to as "the equipment ') and cannot obtain it (after a timely period of time), and if it is not sufficient for the cultivation of agricultural land to assist machinery and tractor stations, the owners of the plant, even if they are not farmers themselves, shall either leave those facilities to be used by the owners of the agricultural land for the period necessary to carry out the necessary agricultural work, but not more than one marketing year, or carry out such work themselves.
(2) The provisions of paragraph 1 shall not apply to new installations which are in the warehouses of manufacturers or shops, machinery and tractor stations, as well as to owners who need such installations to carry out agricultural work in their plants or to carry out other activities provided for in the economic plan.
(3) The lack of such facilities shall be notified by the owners of the agricultural land with an application for assistance to the management authority of the local national committee, which shall, by decision, require the owners of the establishment to leave them to use in accordance with paragraph 1.
(1) If it is not possible to procure the facilities necessary for carrying out the agricultural work in the district of the local national committee where the work is to be carried out, the management authority of the local national committee shall ask the agricultural department of the council of the district national committee to determine from which municipalities in its district the facilities are to be provided; the management body of the local national committee of that municipality shall then take the necessary measures pursuant to Paragraph 20.
(2) If the facilities required to carry out agricultural work cannot be procured in the district of the district national committee, the agricultural administration of the regional national committee from which the district is to be procured shall, on a proposal from the agricultural department of the council of that district national committee, determine the agricultural management of the regional national committee from which the district is to be procured. If the establishment is not available in the district of the Regional National Committee, the Ministry of Agriculture shall determine the region in which the establishment is to be provided. The measures provided for in Article 20 shall be taken by the Agricultural Department of the Council of the District National Committee, within whose perimeter are the facilities to be left for use.
(3) The Executive Authority of the National Committee, which shall take measures to delegate equipment for use, shall establish, itself or through the Executive Authority of the Local National Committee, the status of the installation both before its use and when it is returned to the owner.
(1) The Agricultural Department of the Council of the District National Committee shall, on a proposal from authorised persons, provide for compensation in accordance with the applicable price and wage rules for leaving the establishment and work carried out under the provisions of Section 20.
(2) If the equipment has been left in a damaged state and the user has put it into a state of use, the owner of the installation shall, upon its return, reimburse the user for the costs incurred by it; the amount of the refund shall be fixed, if no agreement is reached, by the agricultural section of the Council of the District National Committee.
Paragraph 20 and Article 22 may also apply mutatis mutandis to economic buildings and parts thereof (barns, stables, cellars and the like) intended for the operation of agricultural production, if these properties are not used or if they are used for a non-original purpose, are not used effectively.
Measures for the use of fallow lying or otherwise unused land for agricultural production.
The Executive Authority of the District National Committee shall conclude contracts with single agricultural cooperatives, small or medium-sized farmers for a period of at least six years on free land management or low-yield meadows and pastures, if they are land which is national property.
The management authority of the local national committee may, after hearing the owner, place unused non-agricultural land (e.g. building land) in free management for persons or organisations who need it to grow useful plants (e.g. small-scale livestock farmers); the management period is determined in such a way that the use of the land for the original purpose is not made difficult.
Common and final provisions.
(1) The provisions of this Regulation on the owner of agricultural land, in so far as they are not the owner of a round estate, apply mutatis mutandis to tenants and other users of agricultural land, unless otherwise provided for in the nature of the matter.
(2) The agricultural plant of the socialist sector is a state farm, research or school farm or another agricultural plant of the state socialist sector and a single agricultural cooperative.
(3) Under this Regulation, agricultural land is also understood as forest land.
The provisions of the Civil Code on rental contracts shall apply mutatis mutandis to the use and other legal relationships, unless otherwise provided in this Regulation. The contractual lease ratio shall be cancelled by ordering agricultural land or holdings already contracted for use.
The Ministry of Agriculture shall, in agreement with the central authorities involved, issue provisions for the implementation of this Regulation.
Act No. 55 / 1947 Coll., on aid to peasants in the implementation of the agricultural production plan, as amended by Acts No. 132 / 1948 Coll. and No. 244 / 1949 Coll., is hereby repealed.
Compulsory leases which have taken place under existing rules shall be considered as use and shall be subject to the provisions of this Regulation at the latest. If, on the date of application of this Regulation, the three-year period for which agricultural land has been allocated to compulsory leases to small or medium-sized farmers has not elapsed, the period of such leases shall not end at the earliest six years from the date of the commencement of the compulsory leases unless the leases have been cancelled earlier.
This Regulation shall enter into force on the day of its publication; they shall be carried out by the Minister for Agriculture in agreement with the participating members of the Government.
Broad v. r.
also on the place of the President of the Republic pursuant to § 72 (2) of the Constitution.
Smida v. r.
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Regulation Information
| Citation | Government Decree No. 50 / 1955 Coll., on certain measures to ensure agricultural production |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.1955 |
|---|---|
| Effective from | 26.10.1955 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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