Decree of the Ministry of Agriculture, Forestry and Water Management No. 50 / 1961 Coll.
Decree of the Ministry of Agriculture, Forestry and Water concerning the development, approval and registration of the own statutes of the JZD
Valid
Effective from 05.06.1961
50
DECLARATION
Ministry of Agriculture, Forestry and Water Management
of 31 May 1961
on the preparation, approval and registration of own statutes of the JZD
V. the national meeting of the JZD was adopted by the Resolution of 26 March 1961 by the Vzor Statutes of the JZD, which the Government of the CSSR approved by the Resolution of 26 April 1961. The model statutes of the JZD are, according to Article 11 of Act No. 49 / 1959 Coll., on uniform agricultural cooperatives, a binding basis for the development of their own statutes of the JZD, which are intended to assist the consolidation and socialist development of cooperatives on the basis of the growth of production and productivity of labour, thereby ensuring a further rise in living standards for cooperative peasants and all workers.
The development of the JZD's own statutes requires a deep analysis of the management of each cooperative, with a wide participation of cooperatives, in which the cooperatives clarify the development trends of the cooperative and focus their attention on the new provisions of the JZD's Vzor Statutes, which lead to a progressive solution to the development of joint cooperative economies. On the basis of them, the cooperative members shall draw up the relevant provisions of their own statutes and shall take measures to address the shortcomings which have led to the Socialist development of the cooperative.
The Ministry of Agriculture, Forestry and Water Management shall, in agreement with the participating central authorities pursuant to Article 61 (1) of Act No. 49 / 1959 Coll., provide for uniform agricultural cooperatives in order to draw up the own statutes of the JZD on the basis of the Vzor Statutes of the JZD:
(1) Each single agricultural cooperative (hereinafter referred to as "cooperative") shall draw up its own statutes of the JZD (hereinafter referred to as "the Articles of Association") on the basis of the JZD's Articles of Association, so that its own statutes, in the context of the national uniform arrangements for the basic and fundamental issues of the agricultural cooperative, describe the local conditions and economic needs and the possibilities for the development of the production of each cooperative, ensure the use of material, financial and local resources, thereby providing a reliable basis for the consolidation and further socialist development of the cooperative.
(2) The cooperative shall take over those provisions of the JZD's Vzor Statutes which regulate the fundamental issues of building, organisation, activity, management, membership and further development of the single agricultural cooperative and are binding without changes and supplements for all cooperatives. These are the introductory provisions and the following Articles: in Part I: Articles 1, 2, 3 (1) to (7) and 7; in Part II: Articles 9, 10 and 11 (2), 12 (2) and 15; in Part III: Articles 16 and 17; in Part IV: Articles 18, 19 (1), (a) to (d) and (f), 21 (1) (f). And in the alternative, B, C and C. The amount to be reported in column 060 of this row: in Part V: Articles 22, 23 and 24; in Part VI: Articles 26, 27, 28, 30 to 33; in Part VII: Articles 34 to 38 and in Part IX: Article 41.
(3) The cooperative will take over, supplement, clarify and implement the provisions of the JZD's Model Statutes which either require or allow the local conditions and needs of the cooperative to be better identified:
(a) The model statutes of the JZD shall require precision and, where appropriate, additions in the following cases:
In Article 4, the cooperative shall specify the type and extent of the associated production in accordance with the applicable rules; *) in Article 19 (2), when fulfilling the tasks set out in points (a) to (d) of paragraph 1 of that Article, the cooperative shall specify in particular, according to local conditions and needs, the quantities in kind to be provided to the families of the cooperatives to cover their personal consumption and to the need for an acceptable number of fungi animals; the cooperative is based on the following principles:
(aa) the amount in kind provided to the family of the cooperative must in no way exceed the level of justified personal consumption of the cooperative and his family and the need for an acceptable number of fungi;
(bb) in determining the level of justified personal consumption of the cooperative and members of his family, the cooperative may take into account the working participation of the cooperative and his family members in the cooperative economy, whether he is an adult member of the family working in or outside the cooperative or whether he is a child or a permanently incompetent member of the family;
(cc) when determining the need for feed to be provided by the cooperative to the family of the cooperative, only the animals kept by the cooperative's family under the rules of the cooperative's statutes shall be taken into account;
(dd) if the family of the cooperative has a humming farm, it shall cover part of its personal consumption and feed needs for the humming animal from the yield of that auxiliary personal holding. The cooperative is obliged to take into account the yields of the oily farm during the issue of natural products, i.e. it is obliged to reduce the amount of oily products from the oily holding to cover the justified personal consumption and the need for food produced by the cooperative, to which the cooperative's family would otherwise be entitled. Unissued in kind the cooperative pays in cash at purchase prices when remunerating by working unit.
(b) The model statutes of the JZD allow for precision and, where appropriate, additions in the following cases. Cooperatives are encouraged to use this option to develop their economy, social and cultural life in the village and to express the local circumstances of the cooperative more accurately. The cooperative may specify and, where appropriate, supplement in particular: Article 3 (1) with provisions on how the cooperative specializes in plant or animal production, provided that the issues of specialisation and its possibilities are clarified; Article 5 of the provisions on forms of cooperation with other cooperatives, such as membership of the melodrama cooperative, in the joint cooperative enterprise JZD; Articles 11, 12 and 13 of the provisions on what facilities it will build and what benefits it will give to youth, women and older cooperatives; Article 14 of the provisions on the prosecution of criminal offences committed on the property of the cooperative by its members, pursuant to Act No. 24 / 1957 Coll., on the disciplinary prosecution, the theft and damage of property in socialist property and the provision that cases of small-scale theft and other intentional damage to the property of the cooperative will be prosecuted by the Board of the Cooperative, either by a reminder, or by a public reprimand or a fine up to 500, - Kčs, if such punishment is sufficient for the education of the cooperative and if the conditions laid down by Act No. 24 / 1957 Coll.; Article 14 must also provide that, in addition to the disciplinary measure or in its place, the cooperative, it will deny the guilty party wholly or part of the benefit provided by the social and cultural fund, non-benefits, which the cooperative must provide under the Vzor other provisions; Article 21 (1) (E) and (F) shall lay down provisions on how, under local conditions, the cooperative will ensure the social and cultural needs of the cooperative and the cooperative.
(4) In alternative solutions, the cooperative will take over certain issues in the JZD's Model Statutes that correspond to its local, natural and economic conditions. For example, a cooperative operating a forest economy, or where cooperatives have brought together or are intended to bring together forests to a common economy, shall take over Article 3 (8) as well as the other provisions of the JZD Model Statutes concerning forest management; the cooperative which introduced the monetary remuneration takes over only the provisions of the JZD's Model Statutes on monetary remuneration and the provisions related thereto [Article 19 (1) (e) (1), Article 20 (2) (a) and (b)]. A and Article 25 (A) shall not take over the provisions on remuneration by working unit and the provisions related thereto [Article 19 (1) (e) (2), Article 20 (B) and Article 25 (B)]; the cooperative which rewards by working unit shall take over the provisions of Article 19 (1) (e) (2), Article 20 (2). Article 39 (2) of Regulation (EC) No 1234 / 2007 provides for a specific assessment of the measures taken by the cooperative and its family members in the joint cooperative economy and the number of the cooperative's family; Article 39 (3) shall specify the cooperative within a given range in such a way that the number of animals which may be privately owned corresponds to the feed base resulting from the euthanasia and naturals which the cooperative receives from the cooperative as part of the remuneration for the work or which the cooperative sells to it at purchase prices for the remuneration; the number of farm animals to be designated in the statutes shall be consistent with the requirement of the last sentence of this paragraph of the JZD Model Statutes, i.e. shall not be prejudicial to the development of the cooperative's common economy and the growth of its market production (shall not defray the cooperative from carrying out tasks on the cooperative farm and shall not be prejudicial to feed for cooperative livestock and thereby the plant production of the cooperative); the cooperative members of which they shall manage without denim shall omit Article 39 and amend Article 40 instead, for example as follows: The cooperative shall ensure the personal consumption of cooperative families, or feed for pig fattening and small farm animals, if the cooperative's family decides to keep them, by providing in kind either by selling them in cash or as part of a labour unit. ';
(5) If the Model Statutes of the JZD show in alternative solutions for developments towards more advanced forms of management and, in view of their development, the cooperative does not yet take this progressive form of the provisions of the Model Statutes of the JZD, it will adapt its wording in its own Statutes as a development solution, with a complement, to seek to create all material, economic and political conditions for their implementation, in particular in the distribution of production, remuneration for work and in the leading economies.
(6) The Cooperative may complement the Statutes by members' meetings adopted by the recommendations of the Party and the Government and the Ministry of Agriculture, Forestry and Water and, where appropriate, by important resolutions of member meetings which are of a more permanent nature and which are discussing issues which have not yet been centrally addressed or arising from the JZD Vzor Statutes and which help the Board to properly enforce the Statutes.
The Board of Cooperatives shall be responsible for the proper and timely preparation of the Statutes. The draft Statutes shall be drawn up by the Board of Directors or, where appropriate, by a commission which shall be set up by experienced cooperative members from different sections of the cooperative's activities. The drafting of the Statutes takes place with the broad participation and cooperation of all the cooperative members. The draft articles of association shall be submitted by the Board to all the cooperative members for discussion and comments. After the comments have been processed, the Board of Directors shall submit the draft Statutes for consideration and adoption of the members' meetings.
(1) The Board of Directors shall submit to the Local National Committee for an opinion on the Statutes adopted by the membership meeting and, with that statement, shall submit them in triplicate to the Regional National Committee for approval within 6 months of the publication of the JZD Vzor Statutes. *)
(2) The Regional National Committee will provisionally examine the Statutes submitted with the participation of workers of the agricultural industry and law, in particular whether they are drawn up on the basis of the Vzor Statutes of the JZD and under this Decree, whether they comply with it, with Act No. 49 / 1959 Coll., on Uniform Agricultural Cooperatives, or with other legislation and political and economic guidelines of the Party and the Government on the development of agricultural cooperatives and with the political and economic needs and opportunities of the cooperative.
After that, the statutes shall, with the participation of the workers of the agricultural cooperative economy and the rights of the members of the cooperative, examine the statutes and, if they are not in conformity with the conditions laid down, invite representatives of the local national committee to discuss the statutes.
(3) Where the statutes correspond to the conditions referred to in the preceding paragraph, they shall be approved by the District National Committee. If the statutes do not comply with these conditions, the district national committee shall return them to the cooperative with comments and justifications and recommend that it make appropriate changes within a reasonable time.
The local and regional national committees shall provide effective and consistent assistance to cooperatives in drawing up the Statutes by their institutions, Members, Workers and Activists and shall ensure that the Statutes are drawn up in accordance with these Directives and submitted to the Regional National Committee within a specified period. In doing so, they are assisted by professional and politically advanced workers, in particular from patronage establishments, agricultural schools and institutes, courts, prosecutors, banks, legal advice, etc.
(1) Department of Agriculture of the District National Committee
(a) keeps a book of the statutes of the JZD;
(b) register approved statutes by entry in the book of the statutes of the JZD;
(c) inform the cooperative in writing of the approval of the Statutes of the District National Committee and send to the Cooperative the approved Statutes; one copy of the notification shall be sent together with a copy of the approved statutes of the District Court at the seat of the Regional Court; a copy of the statutes shall be established.
(2) The approved statutes are binding on the cooperative.
Any amendment by the Regional National Committee approved and registered by or supplemented by the Statutes shall be subject to the new approval of the Regional National Committee and the registration and the measures provided for in Article 5 (1) (c) of this Decree.
The Local and Regional National Committee shall supervise compliance with and application of the Statutes, in particular the proper and regular implementation of the annual production plan, the introduction of progressive forms of management, respect for cooperative democracy, etc.
The Directives of the Ministry of Agriculture and Forestry No 99 / 1957 of the Úl of the Ministry of Agriculture and Forestry of the Ministry of Forestry of the Ministry of Agriculture and Forestry, concerning the drawing up, validation and registration of the articles of association of the JZD and the Directives of the Ministry of Agriculture and Forestry of the Ministry of Forestry of the Ministry of Forestry of the Ministry of Forestry of the Ministry of Forestry of the Ministry of Agriculture and Forestry of the Ministry of Forestry of the Ministry of Forestry of Forestry of the Czech Republic of the United States of America, for the drawing up of Supplements and Amendments to the Statutes of the JZD.
This decree shall take effect on the day of its publication.
First Deputy Minister:
Mestek v. r.
*) Decree of the Ministry of Agriculture, Forestry and Water No 144 / 1960 Coll., on the operation of auxiliary and associated production in single agricultural cooperatives and their cooperation.
*) i.e. until 5 December 1961.
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Regulation Information
| Citation | Decree of the Ministry of Agriculture, Forestry and Water Management No. 50 / 1961 Coll., on the drafting of the own statutes of the JZD, their approval and registration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.06.1961 |
|---|---|
| Effective from | 05.06.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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