Implementation Of The Law On The Revision Of The First Agrarian Reform

Original Language Title: Provedení zákona o revizi první pozemkové reformy

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=16834&nr=1~2F1948~20Sb.&ft=txt

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.