Of Agricultural Production, Credit And Services Cooperatives Law

Original Language Title: Ley de las Cooperativas de Producción Agropecuarias y de Créditos y Servicios

Read the untranslated law here: http://www.parlamentocubano.cu/?documento=ley-de-las-cooperativas-de-produccion-agropecuarias-y-de-creditos-y-servicios

RICARDO QUESADA ALARCÓN: President of the Assembly national of the power people of the Republic of Cuba.

I do know: That the National Assembly of the power Popular, at the session of November two of two thousand two, corresponding to the ninth ordinary session of the fifth legislature, has approved the following: whereas: La Constitution, in its article 20, recognizes the right of small farmers of partnering together, both for the purpose of agricultural production and to the obtaining of loans and State services and responsible for the law regulate the exercise of that right.

 AS: Agricultural cooperatives, in its two forms, the production and the of credits and services, in the law of agrarian reform of May 17, 1959 and its development accelerated from the I Congress of the Communist Party of Cuba, have been an advanced form of Socialist production and also led to the social development of rural life as one of the principles of the agricultural policy of the revolution.

AS: Law No. 36, law of agricultural cooperatives of 22 July 1982 has governed the development of the Cuban cooperative movement for 20 years, has been the indispensable legal support which allowed to transform into orderly and voluntary small peasant production in forms of collective production; However, it is necessary to incorporate the positive experience gained in recent years and assimilate the socio-economic and structural changes taking place in the country.

Whereas: The IX Congress of the National Association of small farmers, agreed to propose to the National Assembly of the Popular power the enactment of a new cooperative legislation that is conducive to strengthening and continuous development of sustainable agricultural production cooperatives and small farmers and their family, as important to contribute to the growth of the national economy under the current circumstances.

POR_TANTO: The National Assembly of the Popular power, use of the powers which are conferred upon them in subparagraph (b)) of article 75 of the Constitution of the Republic agrees to the following: law NO. 95 CREDITS AND AGRICULTURAL PRODUCTION COOPERATIVES LAW AND SERVICES THE OBJECTIVES OF THE ACT, CHAPTER I ARTICLE 1. This law has the following objectives: updating the legislation on cooperatives of agricultural production and of credits and services according to the socio-economic and structural changes taking place in the country;
contribute to the strengthening of cooperatives as socialist economic entities, with autonomy, self-management and social projection;
obtain increases in sustainable agricultural production with greater efficiency and quality;
promote greater exchange of actions and cooperative collaboration with local organs of people's power, and promote the establishment of new cooperatives.
 

CHAPTER II PROVISIONS GENERAL ARTICLE 2. For the purposes of this Act, means: directives productions: those forestry and agricultural productions amount and destiny are determined by the State to cover some of the basic needs of the national economy and which are contracted for this purpose with the cooperatives.

Other agricultural and forestry production: those that cooperatives can sell to State entities or other authorized, attend the agricultural market, or allocate them to their own supply or of other cooperatives, basic production line: that agricultural production which is dedicated usually cooperative, which constitutes the main source of their income and represents a basic production for the development of national or territorial economy.

Corporate purpose: includes its fundamental line and other agricultural and forest production or other legitimate activities of a productive nature, linked to agricultural production, which have been duly authorized them to cooperative marketing and services.

Reserve to cover contingencies: irrepartible and obligatory financial fund that should create and maintain each cooperative from profits, the amount of which should not be less than 10% of the value of their assets, which is intended exclusively to solve difficult economic situations due to natural disasters or other causes not covered by insurance.

Agricultural goods: Earth, animals, facilities, plantations, teams and other means and cooperative instruments for agricultural production, as well as linked homes and basic means of cooperatives, while your property is not transferred to its occupants.

ARTICLE 3. The cooperative is governed by them principles following: voluntary: the incorporation and permanence of them members of them cooperative is absolutely voluntary;
cooperation and mutual aid: all members work and combine their efforts for the wise use of soils and agricultural goods, property or usufruct of cooperatives and cooperators;
contribution to the development of the economy national: all them plans and programs of the cooperative are directed and have as objective fundamental work by the development economic and social sustainable of the nation;
cooperative discipline: all members know, meet, and consciously abide by the provisions of this Act, its regulations, agreements of the General Assembly and other laws and regulations that are applicable in cooperatives;
collective decision: all acts that govern economic and social cooperatives are analyzed and decide in a democratic way by the General Assembly and the Board of Directors, in which the minority abides by and is subordinated to what was approved by the majority;
territoriality: them farmers small is integrated and belong to the cooperative of the territory in that are locked their lands, to facilitate the best and more economic management of the cooperative with relationship to its members;
welfare of the cooperative members and their families: cooperative work to achieve rational satisfaction of material, social, educational, cultural and spiritual needs of its members and relatives;
cooperation among cooperatives: cooperatives provided collaboration among themselves through the sale of products for self-sufficiency, feet of breeding, seeds, provision of services for the production, exchange of experiences, and other lawful activities non-profit;
human solidarity: practised human solidarity with their members, workers and other people who live in the communities where they are located;
social interest: all their acts and actions aim to social interest.
ARTICLE 4. The agricultural production cooperative is an economic entity that represents an advanced and efficient form of Socialist production with heritage and own legal personality, formed with land and other assets contributed by small farmers, others, integrate which to achieve a sustainable agricultural production.

ARTICLE 5. The credits and services cooperative is the voluntary association of small farmers who have ownership or usufruct of their respective land and other means of production, as well as the production obtained.  It is a form of agricultural cooperation which is transacted and facilitates the technical, financial and material assistance provided by the State to increase the production of small farmers and facilitate marketing. It has its own legal personality and responsible for their actions with their heritage.

ARTICLE 6. Cooperatives have goals and social purposes aimed at the improvement of the living conditions of the cooperative members and their families, as well as contribute to the social development of the country, the territory and the communities in which they are located.

These cooperatives promote conscious members participation in the economic and social tasks of the nation, the town and the community.

ARTICLE 7. Cooperative work in the education of their members for the fulfilment of the principles that govern them, as well as their technical training and the formation of his paintings.

ARTICLE 8. Agricultural production cooperatives have the following fundamental aims: develop with economic efficiency, sustainable agricultural production, in accordance with the interests of the national economy, and the community itself LCCU;
rationally use the agricultural soils, ownership or in usufruct of the cooperative and other agricultural goods and productive resources available;
steadily increase the amount and quality of production management and facilitate rapid commercialization, and develop other agricultural and forestry production and providing agricultural services was authorized in its social object.
ARTICLE 9.  Credit and services cooperatives have the following fundamental aims: plan, hire, buy, sell and use in an organized and rational way the resources and services required for its members and the cooperative, on the basis of agricultural production;
manage, process, and collaborate in the control, use and recovery of necessary bank loans for its members and itself LCCU, for agricultural production;
planning and marketing directives productions members and the cooperative;
marketing other productions and services authorized under its corporate purpose, and

acquire, lease and exploit collective agricultural and transportation equipment and build the facilities necessary to improve efficiency in production and agricultural commercialization, authorized in its social object.
ARTICLE 10. The National Association of small farmers represents the interests of small and cooperative farmers, promotes and stimulates their full inclusion and participation in the cooperative movement, working on strengthening and consolidation as a form of Socialist production, to which the present law and its complementary regulations designated specific powers.

 

Chapter III of the Constitution article 11 - the small farmers have the right to associate among themselves in agricultural production cooperatives, unify their land and other agricultural property who are owners and express their will in the Assembly convened for the purpose, and request formal Constitution to the competent bodies.

ARTICLE 12. Them farmers small that have decided associate is in cooperatives of production agricultural have right to the collection of their lands and others goods agricultural, according to pricing official made to the effect, which is incorporate in its whole to the heritage of the cooperative.

ARTICLE 13. Small farmer owners or users of land, have the right to associate in Credit Union services, expressing their will in Assembly convened to the effect and through formal application of Constitution to the competent bodies.

ARTICLE 14. The Constitution of cooperative of production agricultural is authorizes by the Ministry of the agriculture to proposal of the Association national of farmers small, heard the seem of the Ministry of the sugar when appropriate.

Of credit and services cooperatives also authorizes proposal of the National Association of small farmers, by the Ministry of agriculture or sugar as appropriate.

The requirements and formalities for the formation of both forms of cooperatives are established in their respective general regulations and acquire legal personality from its registration in the corresponding register of the National Bureau of statistics.

ARTICLE 15. The Ministry of agriculture or the sugar, as appropriate, in conjunction with the National Association of small farmers, when thus they deem appropriate and in order to stimulate the creation of new agricultural production cooperatives, proposed to the Ministry of finance and prices, exemption or bonus tax to the new agencies during its initial phase, which shall not exceed five years.

 
CHAPTER IV RELATIONS WITH THE ORGANS AND BODIES OF THE STATE SECTION FIRST RELATIONS WITH THE STATE, ITS ORGANS AND BODIES OF THE CENTRAL ADMINISTRATION AND ITS ENTITIES.

ARTICLE 16. Cooperatives, object of this law as producing entities, are inserted in the system's primary organizations of the agricultural production of the country and to that effect with the State have the following obligations: use rationally agricultural soils in the lands owned by the agricultural production cooperatives, in the property or usufruct of small farmers belonging to cooperatives of credits and services and that such entities have delivered the State in usufruct;
use and rationally exploit agricultural goods from their property and those received in usufruct;
develop and propose to the ministries of agriculture and sugar, as appropriate, their production plans and development programmes;
sell directives productions as determined by the competent body;
contract, acquire and use rationally the inputs and other productive and financial; resources
protecting the lands, animals, crops, plantations, forests, facilities, equipment, housing and other real property or in usufruct of the cooperatives, fulfilling the regulations in terms of safety and protection;
comply and implement phytosanitary, veterinary, regulations of use and soil conservation, forestry, use of water resources and all other related to the protection of the environment to which they are bound;
comply with the policy of species and varieties and the regulations related to the care of the Kingdom and the use of appropriate seed;
applied advances of science and technology, and the introduction of new technologies;
comply with and enforce the provisions on the control of land established by the Ministry of agriculture;
comply with current regulations regarding financial, credit and accounting;
punctually pay tax obligations that are enforceable;
comply with and enforce the agrarian legislation and any other that are required;
used properly according to their production needs under the Marti principle of work-study students, and use animal traction, bio-fertilizers and bio-pesticides in favor of saving and the increase of the production and its quality.
ARTICLE 17. The State exercises control of the fulfilment of the obligations of cooperatives through its organs, agencies of the Central Administration, its provincial and municipal structures and their organs of Control or inspection, because of their respective competencies.

ARTICLE 18. The State and the Government to provide all possible support to the Constitution, development and strengthening of cooperatives and to do so in accordance with its terms of reference, execute the following: delivery of land in usufruct, when possible and necessary for the production of cooperatives;
technical assistance for the development, through the provision of technical information, access to the results of research and experimentation, allocation, re-qualification and overcoming its technicians graduate;
provision of technical services for the protection of plants, veterinary, soils and Agro-chemistry, seed certification and other related agricultural production;
facilitate and collaborate with the introduction of science and technique that are accessible to the cooperative;
provide them with a specific legal framework;
allocation of resources and inputs for production and social work;
establishment of fair and stable prices for their productions;
granting of credits agricultural;
financial aid, in accordance with the regulations, and any others deemed necessary.
 

ARTICLE 19. Corresponds to the ministries of agriculture and sugar, as appropriate: authorize the purpose of cooperatives, on the proposal of the General Assembly heard the opinion of the National Association of small farmers and monitor compliance therewith;
together with the cooperative to approve production plans and development programmes, as well as controlling their implementation;
establish State policy and enact the provisions for allocation and acquisition of inputs and other productive resources for production, self-sufficiency and social work in cooperatives and control their fulfillment;
designated State-owned companies buy policies productions, and sell inputs and other productive resources and services;
inspect and advise on compliance with the regulations concerning phytosanitary, veterinary, soils, forest and the politics of varieties and seeds;
inspect and advise on agrarian legislation and the system of control of the land;
inspect and advise on economics and accounting;
perform audits, in accordance with the regulations on the matter;
advise on implementation of agricultural and zootechnical rules, and dictate in the framework of their respective powers, heard the opinion of the National Association of small farmers, regulations for the better functioning of cooperatives.
 

SECTION SECOND OF RELATIONS WITH STATE-OWNED ENTERPRISES ARTICLE 20. Cooperative relationships with State-owned enterprises are contractual for purposes of selling directives productions, other productions to mutually agreed and purchased inputs and productive resources, as well as other products and services required for the fulfilment of their economic and social activities.

For those purposes, companies meet the policy and provisions than on managerial productions and inputs and other productive resources of contract, are established and handed down by the Ministry of agriculture or sugar as needed.

SECTION THREE OF THE RELATIONS WITH THE LOCAL ORGANS OF POPULAR POWER ARTICLE 21. Cooperatives foster and maintain cooperative relations with the local organs of the Popular power for economic and social development of the communities and municipalities are framed, within the limits of the present law.

Cooperatives promote the development of social, educational, cultural and recreational activities that are co-ordinated, when so required, with the local bodies of the power Popular, who lend all possible support.

ARTICLE 22. Cooperatives can be directly supplied agricultural production to social institutions, prior agreement with the respective Municipal Administration Council and the signing of contracts with entities that apply.

Agricultural production not collected by the acopiadoras entities or to run risk of deterioration, are marketed by each cooperative for the consumption of the town in coordination with the corresponding governing.


ARTICLE 23. Cooperatives and the local organs of Popular power can provide mutual collaboration for the construction of works of benefit to the community or cooperative, in accordance with the legal provisions in force and those established in the General regulations.

 

CHAPTER V OF THE GUIDANCE AND ADMINISTRATION ARTICLE 24. The General Assembly is the highest body of management of agricultural production and the credit and services cooperatives, is made up of all members, who elect their breast by direct and secret vote for the President and other members of the Board of Directors.  The Assembly is considered valid for this election when two-thirds of its members are present.

ARTICLE 25. The Board of Directors is the governing body of the cooperative, is composed of not less than five nor more than eleven members, is subordinated to the General Assembly and pays account periodically of its acts and decisions. It exercises its functions when the General Assembly is not in session.

ARTICLE 26. The President of the General Assembly, which is also in the Board of Directors, ensures and is responsible for compliance with the agreements and decisions of the two bodies, holds the legal representation of the cooperative and yields has periodically of its management to the Board of Directors and the General Assembly.

ARTICLE 27. When the President or another Member of the Board of Directors show inability to charge, incurred in criminal activities in the exercise of the same or other behaviors which do so detracting the public good concept, it may be revoked before the fulfillment of the end of its mandate, by the General Assembly, which elects the substitute.

The process of revocation can be promoted exceptionally by the Association national of farmers small.

ARTICLE 28. Cooperatives have, depending on the case, a Board or an administrator appointed by the General Assembly on the proposal of the Board of Directors, and subordinate to it.

He Council administrative or the administrator is in charge of them tasks productive, administrative and economic, in compliance of them agreements of the Assembly General and them decisions of the Board directive to who pays has of its management periodically.

ARTICLE 29. Each cooperative is the Control and Control Commission, composed of not fewer than three nor more than five members, responsible for monitoring compliance with the legal provisions and the use of financial and material resources of the cooperative. This Committee is elected in the same chance that the Board of directors by the General Assembly, who regularly pays account management. The members of the Board of Directors can not to belong to it.

ARTICLE 30. The General Regulation of both cooperative regulates the powers and functioning of the General Assembly, the Board of Directors, Administrative Council or administrator, the auditing and supervision Committee and the responsibilities of the President.

 

CHAPTER VI OF THE HERITAGE AND FIRST HERITAGE SECTION AND PROPERTY OF AGRICULTURAL PRODUCTION COOPERATIVES ARTICLE 31. The property of agricultural production cooperatives is the basis for sustainable agricultural development of the cooperative economy and contributes to the strengthening of the national economy. It is also the economic basis for the achievement of social objectives of the cooperative and is the responsibility of its members his protection and care.

ARTICLE 32. The heritage of agricultural production cooperatives is constituted by: lands, other agricultural goods, installations, media, cultural, recreational and other assets contributed by its members or acquired by purchase or any other title, and built by the cooperative;
animals and plantations, agricultural production and other productions belonging to the cooperative, as well as forestry production in accordance with provisions of the existing forestry legislation;
dwellings constructed, acquired or delivered to the cooperative concept of linked or basic media;
the benefits created on lands given in usufruct;
the accumulated reserves and the financial resources of the cooperative, and rights recognized by the law.
The State may be granted in usufruct land, forests, and agricultural facilities, with the obligation to use them rationally, according to its purposes, protect and care for them, but these do not integrate their heritage.

ARTICLE 33. Members of cooperatives who have contributed land and other agricultural property, and for any reason causing low or in the event of dissolution only have right to the payment of the unamortized amount and other debts have the cooperative with them.

ARTICLE 34. The property of the lands of agricultural production cooperatives may be transferred in favor of the State in accordance with the legal procedure for reasons of public utility or social interest, at the request of the Minister of agriculture, heard the opinion of the National Association of small farmers and the Ministry of sugar, as appropriate.

It may also be transferred by cooperative interest in favor of the State or of other cooperatives and Exchange which requires the agreement of the General Assembly and the authorization of the Ministry of agriculture, heard the opinion of the Ministry of sugar in cases that proceed.

ARTICLE 35. The lands owned by the cooperatives may not be taxed or foreclosures. Prohibited the usufruct, leasing, sharecropping and any other form of assessment or partial assignment in favour of natural and legal persons of the rights and actions emanating from the property of the cooperative on the Earth.

ARTICLE 36. The lease or any Act provision on other agricultural goods owned by the agricultural production cooperatives, requires the approval of the General Assembly according to the regulations which are established in the General regulations.

ARTICLE 37. In case of death of the cooperative are transmitted to his heirs pending payment amortization for provided goods, not received profits and outstanding advances.

SECTION SECOND OF HERITAGE AND OWNED BY COOPERATIVES OF CREDITS AND SERVICES ARTICLE 38. Credit and services cooperatives heritage is constituted by: buildings, facilities, machinery, equipment, agricultural equipment and other goods purchased by cooperatives for collective use;
the collective Fund, formed by the contribution of its members;
accumulated reserves and other financial resources;
plantations and agricultural productions of the lands received in usufruct, and dwellings built, purchased or delivered to cooperatives in concept of linked or basic media.
ARTICLE 39. Credit and services cooperatives can receive land, forests, and agricultural facilities in usufruct by the State, for collective use. These goods do not integrate the heritage of cooperatives and are forced to their rational use, according to their purposes, protection and care.

ARTICLE 40. The lease or any act of disposal of the property owned by credit and services cooperatives require the approval of the General Assembly, according to the regulations which are established in the General regulations.

 

THIRD SECTION OF DWELLINGS ARTICLE 41. Dwellings located in the lands to the agricultural production cooperative, remain the personal property of the cooperative and its legal occupant maintains the rights established in the current legislation. The cooperative gives to these the right surface.

ARTICLE 42. The houses built or acquired by the cooperative on its land with linked character or basic media are occupied by cooperators who agreed upon the General Assembly, who have the right to the acquisition of their property for the linked, through payment of their legal price, upon expiration of the term of stay established in current legislation.

The cooperative grants members the right of surface gratuitously for the purposes of obtaining ownership of these homes.

ARTICLE 43. Notwithstanding the provisions of this section on the ownership of dwellings, Exchange, or transfer of any other right, must be previously approved by the General Assembly without prejudice to compliance with established legal procedures. In the case of hereditary transmission are adhered to the provisions of the legislation in force.

ARTICLE 44. Credit and services cooperatives can build houses for their workers paid in land which previously the State has granted them the right to surface, according to the regulations which, in effect, handed down by the competent authority.  These homes have the character of linked or basic media.

 

CHAPTER VII OF THE ECONOMIC REGIME FIRST SECTION OF THE ECONOMIC REGIME OF AGRICULTURAL PRODUCTION COOPERATIVES ARTICLE 45. The agricultural production cooperative remunerates the work of each Member in accordance with the quantity and quality of the same, and conforming to the Socialist principle "from each according to his ability;" "to each according to his work".

Cooperators, regardless of their contribution or not in lands to the cooperative, are entitled to participate in the profits, according to the quantity and quality of the work they have personally done.


The cooperative regularly receives an advance cash in correspondence with the results of the work done, as set forth in the General regulations.

ARTICLE 46. The Cooperatives annually close their financial statements certified by the Ministry of agriculture, or sugar, as appropriate, through which determine the profits of the period, after liquidating the obligations to the Bank, the payment of taxes and other expenses incurred in the production process.

ARTICLE 47. Determined the annual amount of profits, after deduction of the reserve funds to cover contingencies and the payment of the tax on utilities, goes necessarily part of those for the payment of the land and property contributed by the cooperative.

The rest of the utilities is devoted a part of the Fund's operations and the socio-cultural, and another part of the same to distribute between cooperators, according to which in effect set the General Regulation.

ARTICLE 48. The payment of the land and property contributed by the cooperative held annually with the percentage of earnings that remember the General Assembly, which may not be less than 20% of these, until its liquidation.

ARTICLE 49. The Fund's operations is dedicated to pay costs and expenses for the next year and can engage a: acquisition of tangible fixed assets and current assets;
housing construction;
construction of production and social facilities;
development of scientific-technical and training activities;
development of the community;
activities in favour of the environment, and others who remember the General Assembly.
 

ARTICLE 50. The socio-cultural background may not be less than 5% of annual profits and is dedicated a: contribute to the financing of the National Association of small farmers;
activities social, cultural, recreational and sports;
encourage outstanding cooperators, and assist economic cooperators, prior agreement of the General Assembly.
ARTICLE 51. When the cooperative has fully settled the payment of goods contributed to the cooperative, and constituted more than half of the reserve to cover contingencies, you can distribute more than 50% of earnings, up to 70% when you have completed it. To those effects in the regulation General will set the scales progressive.

ARTICLE 52. Them cooperative that can distribute to the 70% of its utilities in accordance with it willing in the article previous, dedicated part of these utilities to encourage the permanence of them cooperative starting from them five years of work continuous, according to the scale and requirements that is established.

These cooperatives also devoted part of their profits to reward the contributors and founders retired, depending on years of work and merits obtained.

Scales and requirements for granting incentives and awards are established in the General Regulation and the amount of earnings to spend annually for that purpose, is approved by the General Assembly.

 ARTICLE 53. Cooperatives that have losses solved them through the reserve to cover contingencies, the profits of future periods and insurance in cases which proceed the State can give financial aid in exceptional cases, subject to controls, restrictions and conditions that are established for the purposes of the cooperative economic recovery for each case.

SECOND SECTION OF THE ECONOMIC REGIME OF CREDIT COOPERATIVES AND SERVICES ARTICLE 54. Credit and services cooperatives have created a collective Fund with contributions from its members in the form and amount agreed upon in the General Assembly.  This Fund is for a: cooperate with funding from the National Association of small farmers;
activities social, cultural, recreational and sports;
encourage prominent members;
contribute to the construction and development of social works, and economically help the cooperative agreement of the General Assembly.
ARTICLE 55. Cooperatives of credits and services, for the fulfillment of the economic activities authorized by its objects, create and maintain a bank account of operations from income earned in these activities.

ARTICLE 56. Credit and services cooperatives annually perform the financial state of their economic activities, which is certified by the Ministry of agriculture or sugar as needed.

The positive balance then obtained for funds for the reserve to cover contingencies and made all payments by credit, taxes and other debts of the relevant period constitute earnings allocated a: create a Development Fund;
stimulate the workers;
contribute to the economic and social development of the community;
actions in favour of the environment, and perform other expenses agreed by the General Assembly for collective benefit.
ARTICLE 57. The Development Fund is earmarked for the purchase of tangible fixed assets, application of science and technology, training and any other activity that contributes to the development of the cooperative.

 

CHAPTER VIII OF COOPERATORS AND WORKERS EMPLOYEES OF THE COOPERATIVES SECTION ONE OF COOPERATORS ARTICLE 58. Members of agricultural production cooperatives may be the donors of land and other agricultural goods, their spouses, children, other family members and workers, who meet the requirements laid down in the General Regulation.

They may be members of cooperatives of credits and services small farmers owners or users of land, their spouses, children, other family members and workers, who meet the requirements laid down in the General Regulation.

ARTICLE 59. The Member of an agricultural production cooperative may not be owner or usufructuary of land, or simultaneously belong to another Union, or keep another working activity detrimental to the purposes of the cooperative.

By exception and prior approval of the General Assembly, some of its members can be performed, by a certain time, lawful labor activities not related to the cooperative.

ARTICLE 60. Members of cooperatives work consciously to fulfill the purposes of your organization, are involved in the common work in the care and protection of cooperative property, and the cooperatives, land and other assets received in usufruct and all other activities to be agreed.

It is also the duty of cooperators, maintaining relations of mutual aid with other members, according to socialist morality, meet the labour and cooperative discipline and enforcement of socialist legality.

ARTICLE 61. Cooperators participate in benefits from the economic activity of the cooperative, social, cultural, recreational activities and other social character promoted and organized by the cooperative.

Enjoy, also, of the benefits of the self-sufficiency and of them housing that them assign the cooperative in accordance with it established in its regulations internal.

Them members of them cooperative of production agricultural have right to them benefits of it security social of conformity with the legislation existing in the matter, for which them cooperatives meet them contributions financial and others obligations that according to that legislation appropriate article 62. Them cooperative have right to attend and participate with voice and vote in the Assembly General, to choose, be elected or designated for them charges and responsibilities of them bodies of address and administration of the cooperative, to know and approve its plans economic and States financial, as well as participate in the emulation Socialist.

ARTICLE 63. The status of Member of the cooperative ceases by request voluntary, retirement or death. You can also cease by disciplinary measure imposed by the General Assembly with the approval of two-thirds of its members, for repeated breach of its duties as cooperative or engage in behaviors that do detract from the good public concept.

General regulations governing the benefits that correspond to the cooperatives to cease as members, or their heirs to the demise of these.

 

SECTION SECOND OF WORKERS EMPLOYEES OF THE COOPERATIVE ITEM 64. Both agricultural production cooperatives as credits and services can recruit workers employees for the performance of economic activities adopted in its social object.

In the case of hired workers for permanent tasks instructed them for cooperative life, for the purposes of their admission as members, once overcome successfully the probationary period pursuant to the General regulations and be approved by the General Assembly.

ARTICLE 65. Them workers of both types of cooperative receive their wages and other benefits, including them of safety social, in accordance with it established in the legislation existing on the matter.

Them workers that is incorporate as members of them cooperatives of production agricultural, have right to the participation of the utilities from the first day of its incorporation as workers.

 

CHAPTER IX OF THE DISCIPLINE WORK, SOLUTION OF CONFLICTS AND RESPONSIBILITY MATERIAL SECTION FIRST OF THE DISCIPLINE LABOUR COOPERATIVE 


ARTICLE 66. The members of the cooperatives are required to observe and comply with the established cooperative discipline, whose offences and measures to be applied are designated in the General regulations, and internally from each cooperative.

ARTICLE 67. Corresponds to the Board directive of them cooperative, know of them indisciplines e impose them measures disciplinary in accordance with the infringement and the conduct personal maintained by the cooperative, with exception of the separation final that only will be imposed by the Assembly General.

Protesters cooperators with the measures imposed by the Board of Directors may appeal to the General Assembly.

The General Assembly is the only body authorized to dispose the readmission of the separate cooperative, when it considers that it has rectified his behaviour and is again worthy of joining the cooperative law.

ARTICLE 68. Workers of the cooperatives are required to comply the labour discipline, according to the instituted in its general regulations and internal which establishes offences and measures to apply.

Infringements are known by the Board of Directors, which directly applying the measure that corresponds according to the seriousness of the fact and personal behaviour maintained by the worker, with the exception of the definitive separation, which is a Faculty of the General Assembly.

Workers unhappy with the measures taken by the Board of Directors are entitled to claim before the General Assembly.

Workers dissatisfied with the decisions of the General Assembly can go to the courts as provided for in the existing labour legislation.

 

SECOND IN THE SETTLEMENT OF DISPUTES ARTICLE 69 SECTION. Disputes or claims arising between the cooperative and the Board of Directors regarding alleged rights, are known and resolved by the General Assembly.

ARTICLE 70. Complaints of wage labour rights and social security of workers in cooperatives are known and resolved by the Board of Directors, in case of disagreement of the worker, it is entitled to attend the General Assembly and, if non-conformity, recognizes the right to go to the courts as provided for in the existing labour legislation.

ARTICLE 71. Litigation of economic or contractual nature between cooperatives and between these and other entities are resolved by the competent courts.

It corresponds to the General Assemblies of the cooperatives of credits and services, meet and resolve conflicts or claims arising for breach of cooperators with the production of the cooperative plan.

Disputes over rights, claims or land occupations are resolved by the competent authorities of the Ministry of agriculture under the current legislation.

ARTICLE 72. The National Association of small farmers paid their collaboration and mediation, when so required, in the solution of the conflicts that may arise between the cooperatives and small farmers with the Directorate of cooperatives, as well as between them and the agencies of the Central Administration of the State and its dependencies.

 

THIRD SECTION OF MATERIAL RESPONSIBILITY ARTICLE 73. Members of cooperatives are obliged to care for and protect the assets that comprise the heritage of these and the ones received in usufruct.

When by any act or omission of a member of the cooperative, will cause damage, loss or misplacement of goods, without being the fact constitutive of the crime, the originator is obliged to compensate damages caused to the cooperative.

ARTICLE 74. Corresponds to the Board of Directors according to the economic scope of the damage, and in accordance with the rules laid down in the General Regulation, determine the material responsibility, value and form of compensation.

He Member dissatisfied with it willing by the Board directive can establish their claim before the Assembly General.

ARTICLE 75. Them workers of both types of cooperatives are also responsible of them damage, loss or loss that by its action u omission is cause to them property property or in usufruct of the cooperative.

The responsible workers, applies the labour legislation in force in the matter. Application of material responsibility corresponds to the Board of Directors and to the General Assembly know complaint claiming the unhappy part.

ARTICLE 76. The Administrative Council or administrator powers relating to material responsibility, conflict resolution and cooperative and labour discipline are regulated in the General regulations.

 

CHAPTER X OF THE MERGER, DIVISION AND DISSOLUTION DED THE COOPERATIVES SECTION FIRST OF FUSION AND DIVISION ARTICLE 77. Cooperatives can, heard the opinion of the National Association of small farmers and the ministries of agriculture and sugar, as appropriate, consent of its respective General Assembly, through the vote of half plus one of its members, unify is to constitute a greater or split into more than one to achieve greater efficiency on the basis of the fulfilment of its purposes and objects; part of a cooperative can also be segregated into another.

ARTICLE 78. The new cooperative is legal continuation of rights and obligations of those who are unified, and in the event of division new cooperative assume the proportion corresponding.

The merger, division or segregation of agricultural production cooperatives, once agreed by the General Assembly requires the approval of the Ministry of agriculture, heard the opinion of the Ministry of sugar, as appropriate; and credits and services require the approval of the Ministry of agriculture or sugar as needed.

The highs and lows settle in the corresponding register of the National Bureau of statistics.

 

SECOND OF THE DISSOLUTION SECTION ARTICLE 79. Cooperatives may, heard the opinion of the National Association of small farmers and the ministries of agriculture and sugar as appropriate, consent of their respective general assemblies by the favorable vote of half plus one of its members, request the initiation of the process of dissolution of the cooperative.

ARTICLE 80. Also can begin exceptionally the process of dissolution of cooperatives of agricultural production, at the behest of the National Association of small farmers to proposal u heard the opinion of the Ministry of agriculture or the sugar Ministry, as appropriate, by reason of public utility or social interest, or in the event of serious violations of the principles that govern the life of cooperatives , illegal or unauthorized activities in its corporate purpose and economic bankruptcy.

In credit and services cooperatives, the exceptional process of dissolution can be started for reasons of public utility or social interest, involving total or partially the lands owned by its members.

ARTICLE 81. To carry out the liquidation of the assets of a cooperative in dissolution process integrates a liquidator Committee chaired by the Ministry of agriculture, and with representation from the Ministry of sugar when appropriate, the Board of Directors of the cooperative, the National Association of small farmers, of the corresponding Bank agency of the Provincial Directorate of the House that possess when related housing or basic and media of the Ministry of finance and prices, which analyzes the solutions more favourable rights of cooperators, the fulfilment of the obligations of cooperatives and the continuation of agricultural production, bringing their proposals to the Minister of agriculture or the sugar accordingly.

ARTICLE 82. The dissolution of agricultural production cooperatives, approved by resolution of the Minister of agriculture, heard the opinion of the National Association of small farmers and the Ministry of sugar, where appropriate and, in the same, is their low of the corresponding registry of the National Bureau of statistics.

Dissolution of credit and services cooperatives are approved by resolution of the Minister of agriculture or sugar as needed, ear looking of the National Association of small farmers and the same also has their low of the relevant registration.

 

SOLE special provision: Cooperatives, and in particular its managing bodies, carry out and support in that apply them, activities for the defense of the homeland and the principles of the Socialist Revolution. For that purpose they are organized, run and control, in the framework of its competence, the comprehensive preparation for the defense in the productive activities, services or otherwise having charge, in accordance with the law, as well as for the fulfilment of civil defense measures and plans related to these functions.

 

TRANSITIONAL provisions first: The General rules of cooperative farming and cooperatives of credits and services approved by the Executive Committee of the Council of Ministers will continue in force until the promulgation of new regulations. The provisions that contradict the provisions of this law shall not apply.

 

Second: The provisions of articles 55, 56 and 57 concerning economic and financial activities of credit and services cooperatives, shall not apply to have been officially established its Board of Directors with the requirements laid down in the General Regulation.

 

FINAL PROVISIONS


FIRST: The National Association of farmers small in conjunction with the ministries of agriculture and sugar, present proposals of general regulations of the agricultural production cooperatives and credit and services within a period of one hundred and eighty (180) days from the publication of this law in the Official Gazette of the Republic lifting to the consideration and approval of the Executive Committee of the Council of Ministers.

 

Second: It empowers the Ministers of agriculture and sugar, in the framework of their respective competences, to enact provisions that are suitable for the better implementation of the provisions of this law.

 

Third: The Ministry of finance and prices, heard the opinion of the Ministry of agriculture, the Ministry of the sugar and the National Association of small farmers, will dictate in a term of ninety days (90) from the publication of this law in the Official Gazette, the rules for the establishment and use of the reserve to cover contingencies.

 

Fourth: The National Housing Institute in conjunction with the Ministry of agriculture and the Ministry of the sugar hearing the opinion of the National Association of small farmers, within a period of ninety (90) days from the publication of this law in the Official Gazette, dictate the rules for the settlement of the houses built on land ownership or in usufruct of the cooperatives of small farmers and agricultural production.

 

Fifth: Repealing the law No. 36 "Law of agricultural cooperatives" of 22 July 1982 and many legal and regulatory provisions are opposed to the enforcement of this law, which will begin to be governed from its publication in the Official Gazette of the Republic.

 

GIVEN, in the Chamber of the National Assembly of the Popular power, Palacio de las Convenciones, in the city of Havana, to the two days of the month of November of two thousand two.