Government Decree No. 90 / 1948 Coll.
Regulation amending and supplementing the Government Decree of 7 January 1948, No. 1 Coll., implementing certain provisions of the First Land Reform Revision Act
Valid
Effective from 04.05.1948
90.
Government Regulation
of 13 April 1948
amending and supplementing the Government Decree of 7 January 1948, No. 1 Coll., implementing certain provisions of the First Land Reform Revision Act
The Government of the Czechoslovak Republic hereby orders, pursuant to Sections 2, 3, 8, 9 and 17 of the Act of 11 July 1947, 142 Coll., on the revision of the first land reform, as amended by the Act of 21 March 1948, No 44 Coll. ("the Act '):
Government Decree No. 1 / 1948 Coll. is amended as follows:
1. in the third sentence of Article 4 (2), the word "local" shall be inserted after the word "representative" and the following sentence shall be inserted after the word "local": "The chairman of the review committee may also invite representatives of the relevant county peasant commission, if they are deemed necessary to be heard."
2. in Paragraph 10, the following paragraph 4 is inserted after paragraph 3:
"(4) Owners of residual goods, taken over under § 6, paragraph 3 of the Act, may apply for an allocation if they are eligible candidates under § 1 of the Allocation Act, after the case under § 50a, paragraph 2 of the Act of 8 April 1920, No. 329 Coll., on taking over and compensation for seized land property (Replacement Act), as amended by the Act of 13 July 1922, No. 220 Coll., were not allowed, for reasons of public interest, to retain a reasonable part of the residual goods."
3. Paragraph 10 renumbered paragraph 4 as paragraph 5.
4. in Article 13 (1), in the second line, the current quote "§ 8 (1) (a) to (g)" is replaced by "§ 8 (1) (a) to (f)."
5.
(1) The peasants' committees are local and regional.
(2) Local peasant commissions consist of 5 to 10 members (alternates) representing candidates. The number of members of the local farmers' committee shall be determined by the local national committee after hearing the local association of the relevant Union of Farmers. Only physical persons who are eligible candidates under § 8 (1) and (3) of the Act may be members; where the persons referred to in § 8 (1) (f) of the Act are among the eligible candidates, they shall be accompanied by one representative. ';
6.
(1) The local peasant commission shall be established in a municipality in whose district the agricultural land is the subject of the revision or obtained for the purposes of the allocation and in neighbouring interest municipalities (paragraph 4), where the local peasant committee shall, as a rule, be established for each such municipality.
(2) If it is considered that, in view of the smaller number of eligible applicants for allocations, it would not be appropriate to set up a local peasant committee in each of these municipalities, one peasant committee for several municipalities may be set up by agreement of the local national committees concerned.
(3) The local peasant committee shall be set up from among the eligible candidates to the local national committee of the municipality for which it is established. If a local peasant commission is to be set up for the district of several municipalities, it shall be established from among the eligible applicants of the whole district by the local national committee of the municipality in whose district the largest part of the property lies. If there is no agreement on the area of competence of the local peasant Commission, where this is necessary, it shall be determined by the Ministry of Agriculture, Slovakia, with responsibility for agriculture and land reform.
(4) The municipalities of interest shall be the municipalities in whose perimeter the property is taken over and the neighbouring municipalities. '
7.
(1) The local national committee (§ 16 (3)) shall convene, by a public decree to be published in the municipality (s) for whose district the local peasant committee is to be set up, at least three days in advance, the eligible candidates for the allocation referred to in § 15 (2), second sentence, for a meeting to elect from among themselves the members of the local peasant committee.
(2) The election shall be managed by the chairman of the local national committee or its representative. Aclamation or petals shall be chosen; The majority of eligible candidates present shall decide on which of these options is to be made. For the election of a member (alternate) of the local peasant committee, an absolute majority of the votes of eligible candidates present are sufficient. Authorised applicant, designation in § 8, paragraph 1, point (f) of the Act, elects his representative separately and therefore does not participate in the election of other members of the local peasant committee. '
8.
(1) The local national committee will examine whether the members (alternates) of the local peasant committee are eligible candidates pursuant to § 8 (1) and (3) of the Act and, if so, declare their list on the official record; If defects are detected, they will be removed.
(2) After examination of the members (alternates) of the local peasant committee referred to in paragraph 1, the local national committee setting up a meeting of the local peasant committee shall convene at which the members shall elect, by an absolute majority, a chairman, a vice-chairman and a writer. The presence of an absolute majority of the members of the local peasant commission is required for the validity of the election. If none of the candidates reach an absolute majority of the votes, a new election shall take place where the candidate who has received the largest number of votes is elected. In the event of a tie, the ticket shall decide. Pending the election of the President (Vice-President), the meeting shall be chaired by the chairman of the local national committee or his representative. ';
9. The following Section 18a is inserted after Section 18:
(1) A county peasant committee shall be set up for each county national committee and shall consist of between 5 and 10 members (alternates). The number of members of the county peasant committee shall be determined by the county national committee after hearing the county association of the competent Union of Farmers.
(2) The Regional National Committee shall convene representatives of local peasant commissions for the election of the Regional peasant Commission. Each local peasant commission will send one representative to the meeting. If fewer than 5 local peasant commissions are set up in the district of the same district, the district national committee shall determine, according to the ratio of the number of eligible candidates represented by the individual local peasant committees, how many representatives each of them shall send for the election of the county peasant committee. The members (alternates) of the county peasant committee shall be elected from among the seconded representatives by a majority vote. A meeting of representatives of local peasant commissions is able to be held if at least half of the local peasant committees are represented.
(3) The Regional National Committee shall examine whether the representatives present are duly authorised to represent local peasant commissions and proceed to the election of the Regional peasant Commission. Paragraph 17 (2) shall apply mutatis mutandis to the choice, with the exception of the last sentence.
(4) The Regional National Committee shall convene a meeting of the Regional Commission of the peasant Region, at which the members shall elect a President, Vice-President and Receiver. Paragraph 18 (2) shall apply mutatis mutandis to their choice. '
10.
(1) The local peasant Commission is involved in the procedure for the allocation of land in their territory (Section 8 (6) of the Act), in particular by making proposals in the cases referred to in § 8 and § 12 to 14, or opinions at the request of the Ministry of Agriculture or its institutions, after the delegation of agriculture and land reform, and by working together to reach an agreement between the applicants for the allocation, in particular in the schedule of the aggregate allocation rates per allocation.
(2) For the purpose of the uniform procedure and the provision of common affairs, the local peasants' committees of several interest municipalities may hold joint meetings and arrange for joint matters to be handled by their representatives. '
11.
(1) Regional peasant commissions remove and coordinate discrepancies between local peasant committees. They shall also be invited to act by representatives of the authorities whose interests could be affected by the allocation procedure, as well as by public bodies and cooperatives [§ 8, par. 1, point (d) and (e) of the Act], if they are applying for allocation.
(2) When the Ministry of Agriculture, Slovakia, has sent the Ministry of Agriculture and Land Reform (§ 8 (6) of the Act) to the local peasant committees of its professional bodies to overcome the tasks associated with the implementation of the Act, the peasant commissions are obliged to carry out the tasks assigned to them by those authorities. "
12.
Negotiations in the peasant committees.
(1) Roller commissions shall act and be resolutions in public meetings when an absolute majority of the members (alternates) are present outside the President (Vice-President). The peasant committee may decide that, on a case-by-case basis, the negotiations should be open to the public. An absolute majority of the members present (alternates) are needed for the resolution. However, in the event of a tie, the opinion to which the chairman (Vice-President) of the Commission has joined decides. A record signed by the President and the recorder shall be drawn up at each hearing.
(2) If one of the members (alternates) of the peasant Commission renounces membership, dies or ceases to be eligible for membership required under this Regulation, the competent national committee shall arrange for the peasant Commission to be supplemented in accordance with the provisions of Sections 17, 18 and 18a. '
13.
General provisions.
(1) The peasant Commission is obliged to follow the directives and guidelines issued by the Ministry of Agriculture for the implementation of the Act.
(2) The local national committees to which the local peasant commission is set up will lend them an appropriate room to act and provide them with the necessary material needs from municipal means.
(3) The position in the peasant committees is fair and members (alternates) are not entitled to remuneration.
(4) The activities of the peasant commissions shall cease as soon as the allocation plans for their perimeter have been approved and the assets allocated to the allocation in this district have been entered in public books. '
14. The heading of Part II shall read: "Testimonial proceedings and final provisions."
15. The title of Section 23 "Terms of reference" shall be replaced by "Testimonial proceedings."
16. Paragraph 23 is renumbered as paragraph 1, whereby the words "the Act of 8 April 1920, No 329 Coll., on the Recruitment and Replacement of Land Property (Replacement Act), as amended by the Act of 13 July 1922, No 220 Coll. ', are replaced by the words" Replacement Act'; paragraphs 2 and 3 are added to this paragraph:
"(2) 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, in Slovakia entrusted with agriculture and land reform, after their authorities. The denunciation given by the administration may also be a public decree, which shall be posted on the official municipal board in the municipality (municipality) in whose district the property is situated. 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 received on the date of the hanging.
(3) There is no appeal against the denunciation given pursuant to paragraphs 1 and 2 and it is enforceable under the provisions of the Decree of 13 January 1928, No 8 Coll., on proceedings in matters falling within the competence of the political authorities (administrative proceedings). '
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.
Gottwald v. r.
Broad v. r.
Laušman v. r.
Zaporocký v. r.
Dr Clementis v. r.
Maj-Gen Svoboda v. r.
Dr Gregor v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr. Unedible v. r.
Dr Cap v. r.
Kopecký v. r.
Fierlinger v. r.
Děuriš v. r.
Krajčir v. r.
Petr v. r.
Dr. Ing.
Dr Neuman v. r.
Erban v. r.
Plojhar v. r.
Ing. Jankovcová v. r.
Dr. Šrobár v. r.
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Regulation Information
| Citation | Government Decree No. 90 / 1948 Coll., amending and supplementing the Government Decree of 7 January 1948, No. 1 Coll., implementing certain provisions of the First Land Reform Revision Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.05.1948 |
|---|---|
| Effective from | 04.05.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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