Act No. 69 / 1949 Coll.
Act on Single Agricultural Cooperatives
Valid
Effective from 15.03.1949
69.
Law
of 23 February 1949
on uniform agricultural cooperatives
The National Assembly of the Czechoslovak Republic decided on the following Act:
(1) In order to ensure the beneficial development of agricultural cooperatives and to eliminate the existing fragmentation of cooperative activity in agriculture as a legacy of the past, a single agricultural cooperative will be established on a voluntary basis to unify the various agricultural cooperatives and to bring significant benefits to working farmers. Unified agricultural cooperatives are folk cooperatives under Section 157 of the Constitution.
(2) The single agricultural cooperative (the single cooperative) is a legal person. The name of the single cooperative is "The single agricultural cooperative in....... '.
(1) The single cooperative shall undertake all activities which may serve to carry out the tasks referred to in Paragraph 1 (1). The activities of the Single Cooperative shall in particular include:
(a) soil consolidation;
(b) the mechanisation of agricultural work, in which the single cooperative is also entitled to conclude with the Centre for Agriculture Mechanisation, a national undertaking, after its constituents, contracts for agricultural work for farmers in the municipality,
(c) synergies in the setting, schedule and performance of production tasks in agriculture, in particular the conclusion of contracts for the production of agricultural products (Section 3);
(d) synergies in the determination, schedule and performance of the supply of agricultural products, in particular the conclusion of purchase contracts and the supply of agricultural products (Section 3);
(e) participation in the purchase of agricultural products and in the supply of agricultural needs;
(f) care for the enhancement of plant and animal production;
(g) care for the organisation of work to increase the production capacity of agriculture;
(h) care for the improvement of the cultural and social level of the countryside;
(ch) care for facilitating the work of a rural woman.
(2) If the public interest so requires, the cooperative's activities may also apply to non-members to the extent determined by the Central Council of Cooperatives after the approval of the Minister of Agriculture and, as regards the activity referred to in paragraph 1 (d), after the approval of the Minister of Food.
(3) An individual cooperative is not responsible for the activities of the cash institutions.
The single cooperative shall be entitled to negotiate production and supply contracts for agricultural products to fulfil the tasks set out in the single economic plan; in so doing, the single cooperative represents its members and, in the case of other farmers in the municipality (§ 2 (2)).
In each village, only one single cooperative is usually established. If local circumstances so require, the Ministry of Agriculture may, after hearing the Central Council of Cooperatives, grant an exemption.
(1) The work to establish a single cooperative shall be carried out by a preparatory committee of between 5 and 10 members, established from among members of existing agricultural cooperatives, as well as from other interested persons working in agriculture. The Preparatory Committee shall elect a Chairperson and Vice-Chair from among its number. The establishment of the Preparatory Committee shall become final as soon as it has been approved by the Central Council of Cooperatives (its District Authority).
(2) The preparatory committee shall notify the Central Board of Cooperatives (its district body) of the completion of the necessary preparatory work and request its approval to establish a single cooperative; the date on which such approval is granted, the single cooperative shall be established. The establishment of a single cooperative shall be announced by the Preparatory Committee in the usual manner in the municipality.
(3) After the approval referred to in paragraph 2, the Preparatory Committee shall notify the competent court of the single cooperative for registration. The notification shall be accompanied by a copy of the approval notice and a list of the members of the Preparatory Committee with their certified signatures. The signatures of the members of the Preparatory Committee may also be verified by the local national committee.
(4) The Preparatory Committee shall convene a general meeting to elect the cooperative bodies prescribed by the Statutes. Pending the election of these bodies, their duties shall be exercised by the Preparatory Committee. The provisions of paragraph 3 shall apply to the verification of the signatures of the members of the Board.
(1) Where there is one cooperative in the municipality carrying out an activity referred to in § 2 (1), that cooperative shall be transformed into a single cooperative in the manner set out in § 5.
(2) Where there is more than one cooperative in the municipality carrying on the activity referred to in § 2 (1), those cooperatives will be merged into a single cooperative in the manner set out in § 5.
(3) All rights and obligations of existing cooperatives will be transferred to a single cooperative without liquidation. The management of the commitments of cooperatives that have been transformed into or merged with the single cooperative may be adjusted by the Minister for Agriculture by regulation.
(4) The provisions of paragraphs 1 and 2 do not apply to cooperatives of consumer, craft, trade and housing.
(5) When notifying a single cooperative established in accordance with paragraph 1 or 2 for registration, the Preparatory Committee shall at the same time notify the deletion of the cooperative that has been transformed into the single cooperative or the cooperative that has merged into the single cooperative.
(1) Any working farmer or person who, through his or her participation, may be a member of a single cooperative on a voluntary basis may contribute to the purpose of the cooperative.
(2) By establishing a single cooperative pursuant to Paragraph 6 (1) and (2), members of existing cooperatives shall become members of a single cooperative without a membership application, unless they have notified their withdrawal from the single cooperative within 14 days of the date of publication of the single cooperative.
From the date of the entry into force of this Act until the date of establishment of a single cooperative in the municipality, cooperatives engaged in the activities referred to in § 2 (1) may only carry out it within the normal operating limits.
(1) More detailed provisions on the competence of the single cooperative, in particular on the composition and competence of its bodies, on the acquisition and withdrawal of membership, as well as on the manner in which it is managed, contain statutes.
(2) The model statutes of the Single Cooperative shall be issued by the Central Board of Cooperatives, approved by the Minister for Agriculture.
(1) Unified cooperatives are a member of the Central Council of Cooperatives, in which they form a special section, managed by a 9-member administration.
(2) The President and the Vice-President, as well as the other members of the Administrative Board, are appointed and dismissed by the Central Council of Cooperatives with the approval of the Minister for Agriculture. The administrative function is fair, but members are entitled to reimbursement of the actual costs of the duties.
(3) The Ministry of Agriculture is entitled to send a representative to all meetings in the administrative body.
(4) The action and manner of action of the administrative body shall be laid down in the Rules of Procedure to be adopted by the Central Council of Cooperatives approved by the Ministry of Agriculture.
(1) The Ministry of Agriculture supports the activities of single cooperatives and oversees their activities.
(2) The Minister for Agriculture may issue more detailed provisions for the implementation of the Act by regulation.
The legal acts, documents, official acts required to establish a single cooperative, after the conversion or incorporation of existing cooperatives into a single cooperative, shall be exempt from fees and charges.
(1) The provisions of the Law of 9 April 1873, No 70 of 9 April 1873, on profitable and economic communities, and Article XXXVII / 1875 of the Commercial Act, do not apply to the single cooperative.
(2) The provisions of this Act do not apply to the Constitution of People's Money (Act of 20 July 1948, No. 181 Coll., on the Organisation of Money).
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.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Děuriš v. r.
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Regulation Information
| Citation | Act No. 69 / 1949 Coll., on Uniform Agricultural Cooperatives |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.1949 |
|---|---|
| Effective from | 15.03.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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