Act No. 55 / 1947 Coll.
Law on aid to peasants in the implementation of an agricultural production plan
Valid
Effective from 24.04.1947
55.
Law
of 1 April 1947
on assistance to farmers in implementing the agricultural production plan.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) In order to ensure national nutrition, all agricultural land must be cultivated according to the agricultural production plan. To this end, all competent authorities and public authorities will seek measures of a sufficient amount of labour, measures of a sufficient number of agricultural machinery and other operating facilities and the organisation of mutual cooperation between farmers and assistance to other professions.
(2) The permanent conversion of arable land into land otherwise cultivated, such as meadows, pastures, forests or ponds, unless the conversion is under a two-year economic plan, requires the approval of the District National Committee, which will decide on the basis of a recommendation from the Regional Association of the competent Union of Farmers.
If the owner is unable to cultivate agricultural land due to a lack of labour or necessary operational facilities (e.g. live or dead inventory), so that he must know that it would remain in full or in part fallow, he shall be obliged to notify the local national committee in whose area the land is situated, requesting appropriate assistance; the notification must be made in time so that the local national committee can arrange assistance for cultivation. The local national committee shall examine the notification and, if it is found justified, shall take the necessary measures without delay, in particular in accordance with the principles of voluntary neighbourhood assistance or the provisions of Part II.
(1) Where the owner has not, intentionally or negligently, provided that he has been able to produce the agricultural land in whole or in part, according to his personal circumstances, the local national committee shall, on its own initiative, arrange assistance in accordance with the provisions of Part II, or order non-cultivated agricultural land for a period of three marketing years to other agricultural undertakings in the municipality for a compulsory payment; an agricultural entrepreneur shall be obliged to accept the agricultural land to the extent that he is able, by his means, in particular by his own labour force, to work it and to manage it properly without harm for his own undertaking, using the provisions set out in Part II. When ordering the mandatory pâté, care shall be taken to ensure that the individual farms are not overloaded for work. If it is not possible to order uncultivated land into the mandatory pacht, the local national committee may take that land into its own management under the conditions of this law.
(2) Otherwise, the measure referred to in paragraph 1 may be taken if requested by the owner who is unable to procure the agricultural land himself.
(1) On a proposal from the local national committee, the district national committee shall determine the amount of the annual penalty fee and its maturity when the agricultural land is to be allocated to the compulsory payment (§ 3), within the limits of the applicable rules. In doing so, it shall consider all circumstances, in particular the state of the land in the compulsory pacht, so that its decision is consistent with the principles of decency, both with regard to the compulsory pacht and with regard to the person whose property is placed in the compulsory pacht. However, the annual levy may in no case be set at less than the amount for the land allocated to the compulsory pate, the land tax plus the increases and the municipal levy in the year preceding the year in which the compulsory pate is established.
(2) The obligated smuggler is obliged to work and manage the land in the obligated pacht. In particular, the fertiliser's land is required under normal management rules and other conditions for its proper use. He is obliged to continue to pay the smugglers of the commission which has been determined at the specified time.
(3) The changes in ownership of agricultural land in the compulsory pâté do not affect the rights of the compulsory pâté.
If, according to the conditions in the municipality, non-agricultural land which is neither agricultural nor otherwise used (for example, building land) is used for the cultivation of useful plants, the local national committee may, after hearing the owner, give such land to eligible persons who need it, for example small-scale livestock farmers, as well as free of charge, in order to ensure that the use of the land for its original purpose (e.g. construction) is not made difficult.
Paragraph 1 to 4 on the owner of agricultural land shall apply mutatis mutandis to the beneficiaries, smugglers and other users of agricultural land, as well as to persons responsible for the management of agricultural land.
(1) If voluntary assistance is not sufficient (§ 1 (1)) and the farm land is not sufficient to assist agricultural machinery stations and if the owners of agricultural land cannot obtain operational facilities on time or otherwise, the holders of agricultural plant (hereinafter referred to as "equipment"), for example tools, machinery and, in exceptional cases, horse and voile covers, are obliged, even if they are not farmers themselves, either to delegate such facilities to other persons for the purpose of carrying out the necessary agricultural work or to carry out such work themselves; In any case, the owner of the installation shall designate the person to be operated by the installation. This obligation shall not apply to holders of new equipment in the warehouses of manufacturers or traders (including cooperatives) and to holders of agricultural machinery stations. Agricultural machinery stations under this Act are the stations set up by the Ministry of Agriculture in Slovakia by the Institute for the Mechanisation of Agricultural Production at the Board of Agriculture and Land Reform.
(2) Where the holders themselves are in need of their own facilities for the operation of their own undertaking, they shall be exempt from the obligations laid down in the preceding paragraph; the use of high-shore mare is in any case excluded.
If the equipment is damaged, the local national committee may order its owner to place it in a state of fit for use. This obligation may be waived if the owner offers damaged equipment for purchase at an official price to persons who have requested their use for agricultural work.
(1) The measure provided for in Sections 7 and 8 belongs to the local national committee of the municipality in which the installations are located, unless otherwise specified.
(2) If the facilities required to carry out the necessary agricultural work cannot be provided in the municipality in whose district these works are to be carried out, the competent district national committee from which the municipalities of its district are to be provided shall determine the facilities. the local national committee of this municipality will then take the necessary measures under Sections 7 and 8.
(3) If the facilities required to carry out the necessary agricultural work cannot be provided in the district of the district national committee, they shall, on a proposal from the district national committee from which the district of its district is to be provided; If the necessary facilities cannot be provided in the district of the Regional National Committee, the Ministry of Agriculture shall determine the region in whose district the necessary facilities will be provided. The relevant measures provided for in Articles 7 and 8 shall be taken by the District National Committee, which shall include the facilities to be left for use. In such cases, the owner of the installation may not designate the person to operate the installation.
(4) The National Committee, which shall take measures to delegate equipment for use in accordance with paragraph 3, shall, itself or through the local national committee, establish the status of the installation both before it is put to use and when it is returned.
The local national committee shall, on the basis of a proposal from the parties, fix a reasonable compensation for leaving the equipment and for the work carried out in accordance with the provisions of Section 7, in accordance with the applicable price and wage rules, whereby, at the request of the owner, the compensation shall be fixed at work if the work can be completed. The costs incurred by placing an installation in a state of eligible use (Section 8) shall be allocated by the local national committee, on the basis of the owner's proposal, to the owner and to persons who have applied for use, taking into account the economic importance of the correction for all concerned and the extent to which such installations have been or will be used. If, for any reason, the fixed equipment is not used, the persons who requested use are obliged to contribute in accordance with the provisions of the previous sentence; if the owner sells the repair equipment within 2 years of the repair, he shall be obliged to repay the amounts paid to those persons.
Paragraph 7, 8 and 10 may also be applied mutatis mutandis to economic buildings and economic facilities (stables, cellars and so on) intended for farming, provided that such real estate is not used or, if used for purposes other than its original purpose, is not used effectively and that their use is necessary to meet the production plan in the municipality.
(1) The Regional National Committees (state agronomists) may, until 31 December 1950 in the counties of Slovakia, determine, with the agreement of the Ministry of Agriculture and Land Reform, by decree in the Official Journal, take measures and take decisions pursuant to § § § 3 to 5, 7, 8, 10 and 11, unless the local national committee (Local Administrative Commission, Commissioner) has taken the necessary measures, or if the necessary decision is not made in due time, or if there is a risk that such measures and decisions will not be taken and that the agricultural land will not be cultivated. In doing so, the district national committee (state agronomist) may cancel or amend the previous decision of the local national committee (local administrative commission, commissioner) if it considers that their implementation would not be capable of ensuring the cultivation of all agricultural land in the municipality. In such cases, the period of the mandatory pacht may be set for a period of less than three years.
(2) In the counties designated in accordance with paragraph 1, the district national committee (state agronomist) may impose on owners, smugglers, users or other users of agricultural land the obligation to work in respect of the work needed for the proper management of the land on which it operates, which may determine the detailed procedure for such work and the duration of its implementation.
(3) The implementation of the measures referred to in paragraphs 1 and 2 shall be supervised by the Regional National Committee (State agronomist), as appropriate, in particular by its designated agents (local, after the case of regional confidants); their provisions shall be published in the municipalities concerned in the usual manner. The provision decree is also a certificate for the performance of his duties.
(4) If the agents referred to in paragraph 3 are not public servants, they shall undertake in the hands of the chairman of the District National Committee a promise that the tasks entrusted to them shall be performed with the care of the proper economy to the best of knowledge and conscience. The execution of the promise shall be noted in the provisions decree. In carrying out their duties, agents shall be treated as public authorities as regards criminal protection.
(5) The agents (paragraph 3) are to be remunerated, the amount of which shall be determined by the authorising officer for agriculture and land reform in agreement with the delegates concerned. The costs associated with the activities of agents shall be borne by owners, smugglers, beneficiaries or other users of agricultural land covered by the powers of agents pursuant to paragraph 3; the level of remuneration to be paid by individual persons shall be determined by the district national committee according to the area area of the agricultural land managed under the directives to be issued and published in the Official Journal in an agreement with the delegates concerned.
The legal circumstances arising from the implementation of the provisions of Sections 3 to 5 and 7 to 11 shall be assessed, unless otherwise provided, mutatis mutandis under the provisions of civil law. However, the commandment of agricultural land which is already being smuggled into the compulsory pate shall not affect the contractual pate ratio and the obligation of the smuggler to pay the smelt.
(1) Without prejudice to the provisions under which the management or management of agricultural land is subject to specific supervision or approval by the authorities or public authorities; in particular, they shall remain intact:
(a) the Act of 30 January 1920, No 81 Coll., which, pursuant to Article 10 of the Law of 16 April 1919, No 215 Coll., lays down provisions on the allocation of seized land and regulates the legal relationship with the allocated land (Allocation Act);
(b) Act of 27 May 1931, No 93 Coll., amending and supplementing the provisions on the legal relationship to the land allocated (small allocation law),
(c) the Law of 29 March 1940, No 90 of the SLA, on the compulsory treatment of common pastures and on pasture accounts, and the Government Decree of 4 October 1940, No 250 of the SLA, on the treatment of the surface and soil of pastures,
(d) the decree of the President of the Republic of 21 June 1945, No 12 Coll., on the confiscation and rapid distribution of the agricultural assets of Germans, Hungarians, as well as the traitors and enemies of the Czech and Slovak peoples, Decree of the President of the Republic of 20 July 1945, No 28 Coll., on the settlement of the agricultural land of Germans, Hungarians and other enemies of the state by Czech, Slovak and other Slavic farmers, and the Decree of the Slovak National Council of 23 August 1945, No 104 Coll. SNR, on confiscation and accelerated distribution of agricultural assets of Germans, Hungarians, as well as well as traitors and enemies of the Slovak people, as amended by the Decree of 14 May 1946, No 64 Coll. SNR,
e) Decree of the President of the Republic of 25 October 1945, No. 108 Coll., on the confiscation of hostile property and National Recovery Funds.
(2) The national committees, exercising their powers under the provisions of Part I, shall decide, after approval by the Authority (authority) to which specific supervision or approval is due under the provisions referred to in paragraph 1, should that power be affected by a decision.
When making decisions and measures under this law, the national committees shall act in conjunction with the relevant components of the Union of Farmers. If the national committee does not intend to decide on a proposal from the relevant component of the Single Union of Farmers, it shall refer the matter to the superior national committee without delay. Otherwise, the Government Decree of 13 January 1928, No. 8 Coll., on proceedings in matters falling within the competence of political authorities (administrative proceedings) applies mutatis mutandis.
Any person who transforms arable land without consent (§ 1 (2)) into land otherwise cultivated or fails to comply with the notification requirement of § 2 shall be punished for an administrative offence by the District National Committee by a fine of up to 2500 Kčs and, if the offender has already been punished for such an act, or if significant damage has come from his actions, by a fine of up to 10,000 Kčs. In the event of imperfections of the fine, a replacement prison sentence shall be imposed according to the rate of guilt within one month.
(1) The applicability of the Government Decree of 22 February 1940, No 140 Coll., on the use of land for the cultivation of useful plants, and the Government Decree of 29 April 1940, No 159 Coll., to ensure the proper operation of agricultural holdings, as amended by the Government Decree of 25 January 1943, No 41 Coll., is hereby repealed.
(2) The Decree of 13 October 1942 on the obligation to properly cultivate agricultural land and the measures of the President of the Supreme Supply Office of 26 November 1942, No 526 of the Úr. n., implementing Regulation No 203 / 1942 of the Slovak Republic, is hereby repealed.
(3) The authentic decisions taken in accordance with the provisions referred to in paragraph 1 or 2 before the application of this law remain unaffected.
This Act shall take effect on the seventh day following its publication; it shall be implemented by the Minister for Agriculture in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Děuriš v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 55 / 1947 Coll., on assisting peasants in implementing the agricultural production plan |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.04.1947 |
|---|---|
| Effective from | 24.04.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0