1/1948 Coll.
GOVERNMENT REGULATION
of 7 June. in January 1948,
implementing some of the provisions of the law on the first land revisi
the reform of the
Change: 90/1948 Coll.
The Government of the Czechoslovak Republic ordered pursuant to section 2 para. 3, § 8, paragraph.
9 and section 17 of the Act of 11 June 2002. in July 1947, no. 142 on the first revisi
land reform (hereinafter referred to as "the Act"):
PART I.
Revisní Commission
PART I.
The composition and scope of the
§ 1
The composition of the revisní the Commission
(1) Revisní the Commission established under section 2, para. 3 of the Act, the Act on
the proposals of the Ministry of agriculture to the revisi on limits set out in section 2,
paragraph. 2 of the Act.
(2) the Commission shall meet at the Revisní Ministry of agriculture; If
usnášeti on cases, revise in Slovakia, usually in Bratislava
When pověřenectvu agriculture and agrarian reform.
(3) Revisní the Commission has 6 members and 6 alternates, appointed and dismissed by the
the Government on the proposal of the Minister of agriculture.
(4) membership (náhradnictví) is the honorary functions; in cases of special
considerations of the Ministry of agriculture may, however, in agreement with the
the Ministry of finance and the Supreme financial control authority want to
Members (alternates) reward. If the Member (substitute) of the proper place of residence outside
the place where the revisní Commission shall meet, or if a member of the revisní
Commission business (article 6, para. 2), it is for him to reimbursement of the travel
expenses under the rules on compensation of travel expenses in the public service, and
that's according to the level of travel expenses Ia. Remuneration and compensation shall be provided from
redress Fund (section 13 of the Act).
§ 2
The establishment of the revisní Commission and the promise of its members
The Commission shall convene the constituting meeting of the revisní Minister of agriculture; on this
a meeting of the members and alternates shall be carried out in his hands a promise that
they will perform their duties according to their best knowledge and conscience and
they will říditi the legal regulations when making its decision.
§ 3
The scope of the
Revisní the Commission shall act on the proposals of the Ministry of agriculture in accordance with § 1,
paragraph. 3 and §§ 4 to 6 of the Act on the
1. cancellation or confirmation of the decision issued by the former public
the land Office (law of 11 June 1919, no. 330 on
and the Office) or the Ministry of agriculture [Government regulation of
25 June. in January 1935, no. 22 Coll. abolishing land (State
land) and its scope is ordering the Department of
Agriculture], former land Office for Bohemia and Moravia (the Government
Regulation of 24 September. April 1942, no. 241 of plots for the Office
Bohemia and Moravia), Slovakia, also a former State Land Office
(Act of 22 February 1940, No 45 Col., on the State Land Office Office)
-hereinafter referred to as "land"-If these decisions was the land
assets absorbed by the Act of 16 July. April 1919, no. 215, Sb.
prevents large property of land (hereinafter referred to as the "law of záborový"), and
According to the regulations implementing it
and excluded from the annexation by), section 3, point (a). and záborového of the Act),
(b)) released from the annexation under section 11, the second sentence of the law, záborového
(c) under section 20) left the law of 30 June. January 1920, no. 81, Coll., which
shall be issued after the sense of § 10 of the Act, the provisions on the allocation of záborového
seized land and regulates the legal relationship to the allocated land (law
allocation)
2. the cancellation, amendment or endorsement agreements he negotiated land with
the owners of the seized assets of land (section 5, the last sentence of the Act),
3. cancellation or confirmation of the decision, that the property files
does not apply the provisions of § 4 of the Act or that the záborového of the land
be granted,
4. acceptance of agricultural and forestry enterprises or other separate
economic units, created from the seized assets of land
both were, or shift according to the allocation law or buying land
seized under section 7 of the Act, on the one hand záborového buy land from the land
excluded pursuant to section 3, (a). and) or released under section 11 záborového
the law, after the case of land left under section 20 of the Act, allocation
5. the expropriation of real estate released from the annexation under section 11,
the first záborového of the law under the limits of section 2 of the Act záborového (section 1, paragraph 3
of the Act).
§ 4
Meeting of the revisní the Commission
(1) meetings of the Commission shall be convened as necessary revisní Chairman
(Vice Chairman), or within 8 days on a proposal of the Ministry of agriculture.
(2) the day when the Commission will be meeting revisní konati, establishes the President,
who must dbáti to cases falling within the scope of competence of the Commission
were discussed at the time set out in section 6. The Chairman shall notify by registered
Letter to a return to all members of the Commission and the Ministry of agriculture,
the case also pověřenectvu agriculture and agrarian reform, the place and date,
When and where will the meeting Commission, konati and revisní agenda
copies of the proposals; the invitation so be it delivered no later than 3 days before the meeting; in
This time limit may, members of the revisní nahlížeti to the Commission the relevant files.
The Chairman of the Commission revisní to meeting invites representatives of local peasant
Commission of those municipalities in which revise the assets forming the subject lies,
If necessary, in order to be heard. The President of the revisní, the Commission may also
pozvati a representative of the Commission, the competent district peasant if it considers it necessary,
that these were heard. The President establishes the agenda and controls
the negotiations and vote revisní Commission. Resolution revisní, the Commission properly
justified, signed all present members (alternates) the Commission and the
the President is to submit the files within 3 days from the date of the Commission decision
the Ministry of agriculture; at the same time send a copy of the resolution of the President
pověřenectvu agriculture and agrarian reform, in the case of the case to revise
Slovakia.
(3) a member who is unable to dostaviti to the revisní of the Commission's meetings, is
must it immediately to your náhradníkovi and oznámiti zpraviti about
the President of the.
§ 5
Procurement administrative work
The administrative work of the Commission revisní cater to employees
the Ministry of agriculture, after the case of agriculture and pověřenectva
agrarian reform, which affix the Commission also needed for revisní
room and equipment. Meeting of the Commission may also be present
the representative of the Ministry of agriculture, which shall report on the
each of the proposals. Personal and material costs shall be paid from the redress
Fund (section 13 of the Act).
PART II.
The rules of procedure
§ 6
Decision making
(1) the Commission may validly acting Revisní and usnášeti, if present
outside of the President (Vice-President) of at least 3 members (alternates). To
resolution is needed, by an absolute majority of the votes. When a tie is
However, the proposal of the Ministry of agriculture (§ 3) adopted.
(2) the Commission is required to Revisní rozhodnouti on the proposals of the Ministry of
Agriculture (§ 3) within 15 days from the date of delivery of these proposals to the Chairman of
revisní Commission. Whenever it appears to the Commission that the proposal for revisní of the Ministry of
Agriculture in the individual case is materially incomplete, may požádati
the Ministry of agriculture to carry out additional investigations; in this
When running the new period of 10 days from the date of the recovery of the delivery of the complete
the proposal to the President of the Commission. The request for a supplementary investigation, cannot be repeated.
Revisní the Commission may, if it considers this necessary, carry it out on-spot investigation
the its members.
section 7 of the
Write about deliberations
At a meeting of the Commission letter revisní, which must obsahovati the exact
marking according to the cases, a brief description of the course of the negotiations and the result
the vote of each individual case. A record of each meeting shall be signed by
all present members (alternates) the Commission and the writer.
PART II.
Allocation and peasant Commission
PART I.
Allocation
Allocation management
§ 8
Land assets (section 8, paragraph 1, of the Act), which will not be reimbursed by the State
for the purposes of the general interest, be allocated to the Ministry of agriculture (
Slovakia pověřenectvo agriculture and land reform in accordance with the directives
the Ministry of agriculture) to eligible candidates in conjunction with the
rolnickými commissions (§ 15).
In quota management
and in particular the principles) shall an allocation plan for the allocation of agricultural land,
i.e., the schedule of the soil for the applicant, pursuant to section 8, paragraph. 1, point (a). and (c) of the Act))
from the individual interests of communities (art. 16, para. 4), for the allocation of
applicants under section 8. 1, point (a). (b)), d), (e)), and (f)) of the Act, as well as for
allocation of forest land, i.e., the schedule for the allocation of the State territorial volumes
authorities, forest cooperatives and individuals (gross balance sheet),
(b)), makes a selection from eligible applicants for the přídělců allocation with
taking into account the priority right provided for in § 8, paragraph. 4 of the Act, provides for the
the size and location of each allocation (allocation plan) and finds
Bonita land allocation.
§ 9
Allocation procedure shall be initiated by a decree of the Ministry of agriculture (on
Slovakia pověřenectva agriculture and land reform in accordance with the directives
the Ministry of agriculture), issued not later than 3 days after the decision of the
the Ministry of agriculture, that is, in the case of the as, the revise
According to § 1, para. 3 or §§ 4 to 6 of the Act; the Decree, posted on the official
the Board of the local national committees of all the communities of interest (art. 16, para. 4) and
the relevant District national committees.
Contenders for the allocation
§ 10
(1) for the malozemědělce [section 8, paragraph 1, point (a) and (b))) of the Act] is
call the owners, a sharecropper and user nesoběstačných farmhouses (§
12. 1), whose main occupation is agriculture and other
employment if they operate, operate only occasionally; for
malozemědělce is further regarded and compatriots returning to her homeland, if
their main occupation was agriculture.
(2) the sons of Peasants and daughters over 18 years [section 8, paragraph 1 (b))
the law], who work in the agriculture, land property přiděliti
to create the settlements cannot be expected under the circumstances, that the family
they will have the option to separately on their parents ' farms hospodařiti
(part I of the Act of July 3, 1947, no. 139, Coll., on the distribution of
estates of agricultural enterprises and prevent the crumbling of agricultural
the soil).
(3) the fact that the malozemědělec (paragraph 1) acquired the land as a replacement for
vyvlastněnou for the purposes of public land [§ 8, paragraph 1, point (b) (c)) of the Act],
It is not to the detriment of the allocation under the provisions of § 8, paragraph. 1, point (a). and) of the Act.
(4) owners of the residual goods accepted under section 6, paragraph 1(a). 3 of the Act,
may ucházeti about the allocation if they are eligible applicants under section 1
the allocation of the Act, after the case under § 50a paragraph. 2 of the Act of 8 September.
in April 1920, no. 329, Coll., on takeover and compensation for property taken from
Land Act (náhradový), as amended by the Act of 13 June 2005. July 1922,
No 220 Sb, if by reason of public interest, be they ponechati
a reasonable proportion of the residual estate.
(5) Nerozvedené husbands is for one call.
§ 11
The allocation is not ucházeti, who
and without serious reason, abandoned) agricultural assets allocated to him under
the Decree of the President of the Republic, of 21 April. in June 1945, no. 12 Coll.
confiscation and accelerated distribution of agricultural property of Germans, Hungarians,
as well as traitors and enemies of the Czech and the Slovak nation, and the Decree of the
the President of the Republic, of 20 February. in July 1945, no. 28 on the settlement
agricultural land of Germans, Hungarians and other enemies of the State Czech,
Slovak and other Slavic farmers, or pursuant to Regulation
The Slovak National Council of 23 December 2003. August 1945, no. 104, Coll. n, SNR.
confiscation and accelerated distribution of agricultural property of Germans, Hungarians,
as well as traitors and enemies of the Slovak nation, as amended by regulation
The Slovak National Council of 14 May 2001. in May 1946, no. 64 Col. n. SNR
(b)) your land is propachtovány, with the exception of cases, when the propachtování
due to reasons independent of the will of the vlastníkově (e.g. disease) and are
otherwise, the prerequisites for the creation of a self-sufficient estate.
§ 12
The scope of the allocation
(1) in the quota management let it be effected without injury to
a prior right (article 8, paragraph 4, of the Act, section 10 of Act No. 139/1946 Sb.)
It was meet the most candidates from among the holders of nesoběstačných
settlements, and not more than to the extent necessary to supplement the self-sufficient
Homestead. For the self-sufficient homestead shall be a minimum
acreage land 5 ha in area, the sugar, 8 ha in small, 10 ha in
potato and 15 ha in pasture farming and pícninářské. Does not correspond to bonita
the average credit score of land production area, the smallest acreage referred to in
the area, which corresponds to its quality.
(2) To the extent the allocation of land to create agricultural settlements [section 8,
paragraph. 1, point (a). (b)) of the Act] shall apply mutatis mutandis the provisions of paragraph 1.
(3) the Allocation of agricultural land to public corporations for the purposes of public
is set out to do, so that, if possible, has not withdrawn the land necessary for the
allocation in accordance with § 8, paragraph. 1, point (a). and (c)) of the Act).
(4) agricultural production cooperatives [section 8, paragraph 1, point (b) (e)) of the Act] can be
přiděliti land assets, which will be necessary for the allocation of candidates
referred to in section 8, paragraph 1(a). 1, point (a). and (c)) of the law), so that the area of
attributable to one member of the match the lowest výměrám laid down
for the self-sufficient homestead, on members of one family may
připadnouti maximum acreage of land attributable to one member of the team.
(5) in the allocation of land to the tenderers referred to in section 8, paragraph 1(a). 1, point (a). (f)) of the Act
is přihlížeti to the real need of the tenderers.
(6) After satisfaction of the legitimate contenders, is enough to land,
čítajíc the land obtained under section 1, paragraph 1(b). 3 and § 6, paragraph 1(a). 3 of the Act,
přiděliti soil to replenish the estate up to twice the minimum acreage
self-sufficient homestead. For the determination of the individual production areas shall be valid
Regulation of 21 December 1977. October 1947, no. 183, Coll., which determine the agricultural
the production area.
(7) the Ponds and pond farm, organic marketing
units may be allocated, if I will not state the reasons
public, only candidates who have already properly built
pond farm or otherwise offer a guarantee of professional such
management, particularly the territorial self-government. volumes Similarly, let it be
proceeded even in the allocation of fishing rights on the flowing waters. The same thing
applies to areas that once were the economy and rybničnímu
permanently withdrawn, if this is in accordance with the General Plan of the fish
economy, or if required by the climatic conditions of the region.
section 13
Shift
(1) if they are from agricultural land obtained revisí satisfied all local
candidates, it can be směniti for another agricultural land in places where it is
the lack of this land for allocation to the tenderers referred to in section 8, paragraph 1(a). 1,
(a). and (c)) of the Act). If required by the public interest. need
the land for the purposes of the defence of the State or other public purposes.
výzkumnické, breeding and other, or for candidates referred to in section 8,
paragraph. 1, point (a). and (f))) up to the law, in places other than where the soil
which applies for the purposes of revise, shifts the provisions of § 1, para. 3 and
§ 6, paragraph 1(a). 3 of the Act.
(2) also can be a permanent Alliance shift
and for the purposes of arondačním,) or you can get more appropriate to shift the ground for
candidates referred to in section 8, paragraph 1(a). 1 of the Act,
b) forestry land obtained under the agricultural land revisí, if required
the need for land for allocation to the tenderers referred to in section 8, paragraph 1(a). 1, point (a). and)
(d)) of the Act,
c) forestry land acquired revisí for another forest soil, if required
the need for forest land for allocation to the tenderers referred to in section 8, paragraph 1(a). 1, point (a).
(d)) of the Act,
(d)) of the soil obtained revisí for land devoted to economy and rybničnímu
on the contrary.
§ 14
Allocation of forest land
(1) Forest units, if not the State, allocate volumes of territorial
authorities or the forestry cooperatives, and let it be taken into account the needs of
arondace economic forest units.
(2) each of the powerful farmers can be přiděliti less forest land in
an area of about 2 ha, enclosed or wedged into their agricultural
assets or allocation.
(3) forest cooperatives in accordance with § 8, paragraph. 2 of the Act shall be regarded as forest
cooperatives formed
and of local and regional authorities) or
(b)) of the individuals, if they are eligible applicants under the Act.
PART II.
The peasant, the Commission
§ 15
title cancelled
(1) the peasant Commission are local and district.
(2) the local peasant Commission consist of 5 to 10 members (alternate)
representing the applicant. The number of members of a local peasant, the Commission lays down the
the local National Committee after hearing of the local Association of the competent
The single Union of farmers. Members may be just the person's physical characteristics, which
are eligible applicants under section 8. 1 and 3 of the Act; If they are between the
authorized candidates the persons referred to in section 8, paragraph. 1, point (a). (f)) of the Act,
I find them a shortcut.
The establishment of the
section 16 of the
(1) the Commission shall establish a Local peasant in the village, in which the circuit is
agricultural land, forming the subject of the revise or obtained for the purposes of the allocation,
and in the neighbouring communities of interest (paragraph 4), the local
the Commission shall establish a general rule the peasants for each such village.
(2) If, somehow, that with regard to fewer of the legitimate
applicants for the allocation was not appropriate zřizovati local peasant to the Commission in
each of these municipalities can by agreement of the relevant local national
zříditi one peasant committees to the Commission for several municipalities.
(3) the Commission shall establish a Local peasant from the eligible candidates for the local
the National Committee of the municipality for which the circuit is established. If it is to be a local
the Commission established for the peasant circuit of several municipalities, shall establish from
eligible applicants around the perimeter of the National Committee for the local community,
It is located in the perimeter of the largest part of the assets. If no agreement
on the perimeter of the scope of the local peasant of the Commission, where necessary, it shall determine the
the Ministry of agriculture, agriculture and pověřenectvo
land reform.
(4) the Interest communities means the municipality, in which the circuit is taken
land assets, and the neighbouring municipalities.
§ 17
(1) the local National Committee (art. 16, para. 3) shall convene a public decree that
must be posted in the village (the municipalities) for which (the) circuit has to be
a local peasant, the Commission established, at least 3 days in advance, the legitimate
applicants for the allocation referred to in section 15, para. 2, the second sentence, to a meeting to
chosen from their ranks members (alternates) local peasant Commission.
(2) Option controls the local National Committee Chairman or his representative.
Elected by acclamation, or tickets; which of these ways should be
the choice made, decides by an absolute majority of members present eligible
applicants. To select a member (alternate) of the local peasant Commission just
by an absolute majority of the votes present legitimate applicants. Permissions
the candidates, the designations in section 8, paragraph 1(a). 1, point (a). (f)) of the Act, shall elect its representative
separately, and therefore would not participate in the election of the other members of the local peasant
of the Commission.
section 18
(1) the local National Committee shall examine whether members (alternates)
the Commission authorised applicants are peasant according to § 8, paragraph. 1 and 3
the law and, if so, publish the list on the notice board;
If it detects a fault, it will take care of them.
(2) After examination of the members of the (replacements) local peasant of the Commission according to the
paragraph 1 shall be convened by the local National Committee constituting meeting of the local peasant
the Commission, at which the members elect a President by a simple majority,
Vice-Chairman and Rapporteur. To the validity of the election is to be the presence of
by an absolute majority of the members of the local peasant Commission. When none of the
a simple majority of the votes of the candidates, with the new option, which is
elected the candidate who received the greatest number of votes. When the equality
the vote shall be decided by lot. In the election of the President (Vice-President) of the Governing Board meeting
the President of the local National Committee or his representative.
§ 18a
(1) the Commission shall establish a District a peasant for each district
the Committee consists of 5 to 10 members (alternates). The number of members of the district
the Commission shall establish the national peasant District Committee after hearing the district
the Association of the relevant Single Union of farmers.
(2) the District National Committee shall be convened by a representative of the local peasant by the Commission to
the election of the District Commission of the peasant. Each local peasant Commission will send to the
the meeting of one representative. If it is in the same County erected less than
5 local peasant by the Commission, shall designate the District National Committee according to the ratio of the
the number of eligible applicants, represented by each of the local
rolnickými commissions, how many representatives will send each of them for the option
the District Commission of the peasant. Members of the peasant (alternates) the District Commission
shall be elected by a majority of representatives seconded. The meeting of the representatives of the local
peasant by the Commission is able to usnášeti if it is represented by at least
half of the local peasant Commission.
(3) the District National Committee will examine whether the present representatives are duly
zastupovati the Commission shall be empowered, local peasant, and proceeding to the election of the district
peasant Commission. The choice shall apply mutatis mutandis the provisions of section 17, para. 2 with the
the exception of the last sentence.
(4) the District National Committee shall convene the constituting meeting of the district a peasant
the Commission, at which the members shall elect a Chairman, a Vice-Chairman and a Rapporteur.
Their choice shall apply mutatis mutandis to the provisions of section 18, paragraph 1(b). 2.
The scope of the
§ 19
(1) a local peasant, the Commission participates in the procedure for the allocation of land, lying
in their circuit (article 8, paragraph 6, of the Act), in particular by serving suggestions
in the cases referred to in section 8 and sections 12 to 14, or opinions at the request of
the Department of agriculture or its authorities, after the case of pověřenectva
Agriculture and land reform, and participates to the achievement of the agreement between the
contenders for the allocation, especially when the schedule of the total allocation of prices on
individual přídělce.
(2) for the purpose of a single procedure and provision of common things can
the local peasant communities of interest, the Commission several joint meetings and konati
the handling of common things pověřiti its representative.
section 20
(1) the County Commission eliminate the contradictions between the peasant local rolnickými
commissions and coordinate their activities. Their talks will also invite
the representatives of the authorities, whose interests might be affected by the rationing of procedures,
as well as public bodies and cooperatives [section 8, paragraph 1, point (b) (d)) and
(e)) of the Act], if applying for the allocation.
(2) the Ministry of agriculture, Slovakia pověřenectvo
Agriculture and agrarian reform (article 8, paragraph 6, of the Act), to local
their professional authorities peasants commissions to negotiate the tasks associated with the
the implementation of the Act, the Commission shall vykonávati are peasant operations which
the authorities impose.
section 21
The negotiations in the peasant committees
(1) Commission Act and the peasant usnášejí in public meetings, if
outside of the President (Vice-Chairman), by an absolute majority of the members present
(alternates). Peasant Commission may usnésti that in the individual
the case has to be negotiations in public. The resolution is needed by an absolute
the majority of the votes of the members present (alternates). When a tie
However, opinion, decides to which added the Chairman (Deputy Chairman)
of the Commission. At each meeting, let there be drawn up a record, which shall be signed by
President and writer.
(2) if any of the members of the (replacements), the peasant, the Commission gives up
membership shall cease, dies or eligibility for membership, in accordance with the
of this regulation, the competent national Committee to a peasant, the Commission
was supplemented by the provisions of sections 17, 18 and 18a.
section 22
General provisions
(1) the Commission shall be required to the peasant dbáti directives and instructions issued by the
implementation of the law by the Ministry of agriculture.
(2) the local national committees, in which the Commission will set up a local peasant,
give them a suitable room for negotiations and must affix the substantive needs of the
municipal resources.
(3) function in the peasant committees is honorary and members (alternates)
they have no claim on the reward.
(4) the activity of the peasant by the Commission shall end when the allocation plans for the circuit
their scope has been approved and allocated assets in this přídělcům
the judge was entered in the public books.
PART III.
Notice of the proceedings and final provisions
section 23
Notice of proceedings
(1) the Notice on the management of real estate this received under section 12
redress Act, be it given at least three months, and to seize the
the land could take place either at 1. March or 1. October regular
year, with the exception that for taking over land on 1 January. in March 1948, just
the one-month termination notice.
(2) the notice of termination may be served not only the District Court (§ 18 redress
the law), but also directly by the Ministry of agriculture, Slovakia
pověřenectvem agriculture and agrarian reform, after the case of their
authorities. Notice of termination of the administrative authority may be also public
the Decree, posted on the official municipal board in the village (the municipalities), in the
of which (the) land circumference is assets. In testimony to the public
the decree will be sufficient testimony generally given without giving the names of the persons
managing. Testimony will be taken in these cases a day
fly.
(3) Against the testimony given under paragraphs 1 and 2 of the appeal is not
and is enforceable in accordance with the provisions of the Ordinance of 13 November. January
1928, no. 8 on the proceedings in matters belonging to the scope of the
political offices (administrative proceedings).
section 24
Final provision
This Regulation shall enter into force on the date of the notice; performs is the Minister
Agriculture in agreement with the participating members of the Government.
Gottwald in the r.
Dr. Zenkl, in r.
Kopecký v. r.
Dr. Kotzwara in r.
Ing. Jankovcová in r.
Tymeš in r.
Ďuriš in r.
Wide v. r.
Dr Cap in r.
Masaryk in the r.
Dr. Pietor in r.
arm. Gen. freedom in r.
Ing. Kopecký v. r.
Dr. Ripka in r.
Dr. Karthik N in r.
Nosek in r.
Majer in r.
Dr. Dolansky in r.
Dr. Fadi in the r.
Dr. Crumb in the r.
Dr. Clementis v r.
Lichner, in r.
