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Amendment To The Vl. Regulation. 1/1948 On The Revision Of The First Agrarian Reform

Original Language Title: novela vl.nař. 1/1948 o revizi první pozemkové reformy

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90/1948 Coll.



GOVERNMENT REGULATION



of 13 October. April 1948



amending and supplementing government regulation of 7 April. January 1948, the No 1 Sb.

implementing some of the provisions of the law on the first land revisi

the reform.



The Government of the Czechoslovak Republic ordered pursuant to section 2, paragraph 2. 3, section 8, paragraph 1.

9 and section 17 of the Act of 11 June 2002. July 1947, no. 142 Coll. revisi first

land reform, as amended by the Act of 21 March. March 1948 No 44 Sb.

(hereinafter referred to as the "Act"):



Article. (I)



Government Regulation No. 1/1948 Coll., shall be amended and supplemented as follows:



1. in article 4, paragraph 2. 2, the third sentence shall be inserted after the word "shortcut" Word

"local" and the following sentence shall be inserted after the sentence reads as follows:



"The President of the revisní, the Commission may also pozvati a representative of the district

the peasant, the Commission may, if necessary, so that these were heard. "



2. In section 10, the following new paragraph after paragraph 3 4 worded as follows:



"(4) the owners of the leftover goods, taken pursuant to section 6, paragraph 1. 3 of the Act,

may ucházeti about 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 March.

April 1920, no. 329, Coll., about receipt of and compensation for taken property

Land Act (replacement), as amended by the Act of 13 June 2005. July 1922,

No 220 Sb, if because of the public interest, be they ponechati

a reasonable proportion of the residual estate. "



3. In section 10 shall be renumbered paragraph 4 as paragraph 5.



4. In article 13, paragraph 1. 1, in the second line of the existing citations "section 8, paragraph 1. 1,

(a). a) to (g)) "by quoting" section 8, paragraph 1. 1, point (a). a) to (f)) ".



5. section 15 reads as follows:



"§ 15



(1) the peasant Commission are local and district.



(2) the local peasant Commission consist of 5 to 10 members (alternates)

representing the applicant. The number of members of a local peasant, the Commission shall lay down the

the local National Committee after hearing of the local Association of the competent

The single Union of farmers. Members may be the only person of the physical characteristics that

are eligible applicants under section 8, paragraph 1. 1 and 3 of the Act; If they are between the

authorized candidates the persons referred to in section 8, paragraph 1. 1, point (a). (f)) of the Act,

they account for one representative. "



6. section 4 reads as follows:



"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

as a general rule, the Commission shall establish a peasant for each such village.



(2) If, somehow, that with regard to the smaller number of legitimate

applicants for the allocation was not purposeful zřizovati the local peasant to the Commission in

each of these municipalities can by agreement of the appropriate local, national

zříditi one peasant committees to the Commission for a number of municipalities.



(3) the Commission shall establish a Local peasant from 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 peasants in several villages, from

eligible applicants around the perimeter of your local National Committee that municipalities,

It is located in the perimeter of the largest part of this property. If there is no agreement

on the perimeter of the scope of a local peasant, the Commission, where necessary, it shall determine the

the Ministry of agriculture, agriculture and pověřenectvo in Slovakia

agrarian reform.



(4) Interest communities means communities, in which the circuit is taken

land assets, and communities adjacent to them. "



7. section 17 reads:



"§ 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

the Commission set up by the local peasants, at least 3 days in advance, the legitimate

the applicant that the allocation referred to in article 15, paragraph 2. 2, the second sentence, to a meeting to

chosen from their ranks members (alternates) local peasant Commission.



(2) Option controls the Chairman of the local National Committee or his representative.

Balloting by acclamation or tickets; which of these ways should be

the choice is made, shall decide by an absolute majority of eligible

the tenderers. To be elected as a member (alternate) local peasant Commission just

an absolute majority of votes of the eligible applicants. Permissions

applicants, the designations in section 8, paragraph 1. 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

Commission. "



8. section 18 reads as follows:



"section 18



(1) the local National Committee will examine whether members (alternates)

the Commission authorised bidders a farmer under section 8, paragraph 1. 1 and 3

the law, and if so, will announce a list of them on the official Board;

If it detects a fault, he takes care of removing them.



(2) After examination of the members of the (replacements) local peasant of the Commission under

paragraph 1 shall be convened by the local National Committee inaugural meeting a local peasant

the Commission, at which the members elect a President by a simple majority,

Vice-Chairman and the rapporteur. The validity of an election is to be the presence of

by an absolute majority of the members of a local peasant Commission. If none of the

candidates by an absolute majority of votes, a 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) controls the meeting

Chairman of the local National Committee or his representative. "



9. under section 18 shall be added to § 18a, worded as follows:



"§ 18a.



(1) the District Commission shall be constituted by the peasants of each district of the national

the Committee consists of 5 to 10 members (alternates). The number of members of the district

the Commission shall determine the district farmer's National 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 a peasant Commission. Each local peasant, the Commission will send to the

the meeting of one representative. If it is in the circuit of the same district established less than

5 local peasant by the Commission, shall designate the District National Committee in proportion

the number of eligible applicants, represented by each of the local

rolnickými commissions, how much each of them will send representatives to select the

the district a peasant Commission. (Alternate) members of the District Commission of the peasant

shall be elected from among the representatives sent by majority vote. Meeting of the representatives of 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 shall examine whether the present representatives are properly

zastupovati the Commission shall be empowered, local farmer, and proceeding to the election of the district

peasant Commission. On the choice shall apply mutatis mutandis to section 17, para. 2 with

the exception of the last sentence.



(4) the District National Committee shall convene the inaugural 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 the provisions of article 18, paragraph 2. 2. "



10. section 19 reads as follows:



"§ 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 in sections 12 to 14, or opinions at the request of

the Department of agriculture or its organs, after the case of pověřenectva

Agriculture and agrarian reform, and participates to the achievement of an agreement between the

contenders for the allocation, especially when the total allocation schedule prices on

each allocator allocates.



(2) for the purpose of a single procedure and provision of common things can

the local peasant communities of interest, the Commission several konati joint meeting and

the handling of common things pověřiti its representatives. "



11. section 20 reads as follows:



"section 20



(1) County Commission eliminate the contradictions between the farm local rolnickými

commissions and coordinate their activities. Their negotiations with the invite also

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, (b), (d)), and

e) of the Act], if applying for allowance.



(2) the Ministry of agriculture, Slovakia pověřenectvo

Agriculture and agrarian reform (article 8, paragraph 6, of the Act), to local

peasant committees their expert authorities to negotiate the tasks associated with the

the implementation of the Act, the Commission shall vykonávati are peasant operations which

These authorities shall oblige them. "



12. section 21:



"section 21



The negotiations in the peasant committees.



(1) Commission Act and the peasant usnášejí in public meetings, if

outside of the President (Vice-President) of the majority of the members of

(alternates). Peasant Commission may usnésti that in a single

the case has to be negotiations in public. The resolution is needed by an absolute

the majority of votes of the members present (alternates). In 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, dies or loses eligibility for membership, required under

of this regulation, shall arrange for a competent national Committee to a peasant, the Commission

was supplemented by the provisions of sections 17, 18 and 18a. "



13. section 22 reads:



"§ 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 required substantive needs of

municipal resources.



(3) function in the peasant committees is fair and members (alternates)

do not have a right to remuneration.



(4) the activities of the Commission shall end when the peasant allocation plans for the circuit

their scope has been approved and allocated assets přídělcům in this

the judge was entered in the public books. "



14. The title of part III. added:



"The notice of the proceedings and final provisions".



15. the title of article 23 of the "notice period" shall be replaced by the name of "Notice

control ".



16. the current provisions of § 23 shall become paragraph 1 and the

the words "Act of 8 March. April 1920, no. 329, Coll., about receipt of and compensation for

absorbed the assets of land Act (replacement), as amended by the Act of 13 June 2005.

July 1922, no. 220 Sb. "is replaced by" law "in the future; to

This paragraph shall attach paragraphs 2 and 3, worded as follows:



(2) the notice of termination may be served not only the District Court (section 18 of the future

of the Act), but also directly by the Ministry of agriculture, Slovakia

pověřenectvem agriculture and agrarian reform, after the case of their

authorities. Notice given administrative authority may also be a public

the Decree, which will be posted on the official municipal board in the village (the municipalities), in the

which (whose) is land circumference assets. When you notice a public

the decree is sufficient testimony in General, without mentioning the people

managing. Notice in the following cases shall be considered delivered on the date of

off-hook.



(3) Against the dismissal of referred to in paragraphs 1 and 2 do not appeal

and is enforceable in accordance with the provisions of the Decree of 13 December 2005. January

1928, no. 8 Coll., on proceedings in cases belonging to the scope of the

political authorities (administrative proceedings). "



Article II



This Regulation shall enter into force on the date of the notice; does the Minister

Agriculture in agreement with the participating members of the Government.



Gottwald in the r.

Wide in r. Kopecký v. r.

Laušman in r. Fierlinger in r.

Zápotocký in r. Ďuriš in r.

Dr. Clementis v r. Krajčír in r.

arm. Gen. freedom in r. Peter v. r.

Dr. Gregor v. r. Dr. Ing. Nobility in r.

Nosek in r. Dr. Neuman v. r.

Dr. Dolansky in r. Erban v. r.

Dr. N v r. Plojhar in r.

Dr Cap in r. Ing. Jankovcová in r.



Dr. Šrobár, in r.