Law No. 4 Of 28 March 1974

Original Language Title:  LEGE nr. 4 din 28 martie 1974

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Law No 4 of 28 March 1974 concerning the powers and responsibilities of the governing councils of Presidents, chief engineers, Chief accountants, other technical and economic frames from agricultural production cooperatives, as well as of the General Directorates for agriculture, the County's food-processing industry and the EPA ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 49 of 2 April 1974 To carry out decisions of the party and rule for the development and modernization of the labour-intensive agriculture, economic and organisational strengthening of agricultural production cooperatives, in order to increase their contribution to the development of the national economy and lifting the standard of living of the cooperators, particularly important tasks incumbent on the governing councils, Chairmen, chief engineers, Chief accountants and other technical and economic frameworks in these units.
Leadership councils, presidencies, all technical and economic backgrounds from agricultural cooperatives, through their whole activity that they contribute to the achievement of the tasks set by the Communist Party for Romanian history-socialist society in our homeland developed multilaterally, to strengthening the Alliance between the working class-leading class of society-and taranime, raising the social and cultural level of the whole village to a higher civilization.
In order to increase the role and the responsibility to the party and State leadership councils, Chairmen, chief engineers, Chief accountants and other technical and economic frames from agricultural production cooperatives, National Assembly of the Socialist Republic of Romania adopts this law.


Chapter 1 General provisions Article 1.

Leadership councils, all technical and economic backgrounds from agricultural cooperatives carries full responsibility to the party and State for implementation of the plan of production and finance part of the unique plan economic and social development of the country-for compliance with strict obligations toward the State, in which the end ensure complete and effective land, of all material and financial assets superior organization of production, and labor, the introduction and generalization of modern technologies.


Article 2 the Governing Board of the agricultural cooperative, and its President-elected at a general meeting of the members of the cooperative-TBC by the Executive Committee of the Board and county people's Government shall be responsible towards their activity carried out under the provisions of this law, as well as towards the General Assembly, in accordance with the Statute of the cooperative agricultural production in the realization of the party and rule policy in the field of agriculture.


Article 3 Governing Board, the executive organ of the General Assembly of the agricultural cooperative, responding from the State for the application of and compliance with the overall activity of the agricultural cooperative laws, decisions of the party and the State, of all the normative acts, as well as the provisions of the Statute of the cooperative agricultural production.


Article 4.

President of the agricultural cooperative assure its current activity and is responsible for carrying out decisions of the General Assembly and the Governing Council, in compliance with the strict laws and other laws, and the rules of democracy, cooperative for use of the economic potential of the whole unit, economic and organizational consolidation of the cooperative, harmonious combination of interests of cooperators with the general interests of society.


Article 5 the Chief Engineer is the representative of the State in agricultural cooperative and answer both general direction County agriculture, food industry and the EPA, as well as the General Assembly and the Board of management, organization and conduct of the business of production, the entire economic activity, for the efficient use of material and financial means to continue strengthening the organizational and economic agricultural cooperative units.
Heads of farm and other technical agricultural cooperative frameworks respond both towards the President and the Chief Engineer, as well as to the General Assembly and supervisory board, for organizing and conducting the business of manufacturing and farming sectors on which they run.


Article 6 the accounting officer from agricultural cooperative, versus the Directorate-General for agriculture, the County for food industry and EPA and to the General Assembly and the Board of management, organization and development of economic and financial activity, implementation of the plan of income and expenses, increasing the economic efficiency of the production, creation and rational use of statutory funds.
Other economic frameworks responsible for carrying out the tasks that they have both towards the accounting officer, as well as the General Assembly.


Chapter 2 Powers and responsibilities Article 7 the Governing Board is responsible, from the State and the General Assembly of the cooperators, current and perspective planning of production and financial activity of the cooperative of agriculture, achieving complete plan tasks and obligations toward the State, development and protection of public property, in which they organize production and purpose of labor the conditions necessary for attaining the growth plan, plant and animal production, reducing the share of expenditure on materials and increasing labour productivity.
The allocation of production and revenue, the Governing Board shall be responsible for compliance with any necessary correlation such as revenue growth, with cooperators to ensure funds for the development of the agricultural cooperative.
The Governing Board shall be responsible for compliance with strict order and discipline in the work of all cooperators, ensuring their active participation in the smooth operation of the entire activities of the agricultural cooperative.


Article 8 the President wears is responsible for implementation of the plan of production and finance, Organisation for this purpose of all activities of the cooperative agricultural development and rational use of public property, fulfilling obligations toward the State and respect for the rights and Status under the law are cooperators of the cooperative agricultural production, as well as for carrying out specific duties assigned to the Chief Engineer and Chief accounting officer.
The President represents the agricultural cooperative in dealings with State bodies, with socialist economic organizations, with any other legal entities and natural persons. Heritage of agricultural cooperative engagement is through the signature of the President, Chief Accounting Officer and Chief Engineer.


Article 9 President, Chief Engineer, Chief Accountant and all technical and economic frameworks, other members of the Governing Board, exercise, in accordance with the laws and Statutes of the cooperative agricultural production, the following tasks: to ensure all the necessary conditions) of carrying out the full plan and state indicators responsible for the insamintarea areas planned on every culture, the realization of livestock species and categories of animal and vegetal production delivery, the tasks and the other commitments of the State towards agricultural cooperative.
  

For this purpose bring their entire contribution and are responsible for harnessing full of all the local resources of the unit and the means provided by the State, thanks to the harmonious combination of the requirements of the national economy with those of the cooperative and its members;

b) elaborates the programme of measures for economic and technical and organizational measures necessary to achieve the production and financial plan and responsible for its application;
  

c) achievement of agricultural cooperative obligations in the framework of the Council of intercooperatist, intercooperatiste and associations in cooperation and association with State-owned units.
  


Article 10 the Chief Engineer, in addition to General tasks. 9, has the following duties and responsibilities: a), together with other agricultural specialists, conservation, use and management of efficient and judicious land fund of the agricultural cooperative. As the representative of the State, the chief engineer has an obligation to act and to determine compliance with legal provisions relating to the conservation and management of the Land Fund, to pursue their application exactly, to find and to apply penalties offences according to law;
  

(b) permanent link) you with research institutes and the resorts of agriculture, responding directly to the establishment and implementation of the most suitable technologies of plant-growing and animal breeding, promoting and broadening of technical progress in all sectors of activity of the agricultural cooperative;
  

c) ensure, together with other agricultural specialists: proper location of crops, production and use of seed of varieties and hybrids of high productivity; fertilizing land, on time and in good condition insamintare works, maintenance and harvesting of the crop; storage and preservation products; full and effective exploitation of the works of reclamation; the Organization of the production process in stock raising, measures to improve reproduction, animal selection and improvement, achieve herd, increasing quantities of feedingstuffs; expanding the machinery works.
  

The Chief Engineer is responsible for applying the appropriate local conditions-technical measures, in terms of the period and their execution;


d) is responsible for organizing production and grounded work, generalization of global agreement in all sectors, and in conjunction with the accounting officer, provide material and technical supply of farms and rhythmic production sectors;
  

e) is responsible for the work of the Department of mechanization of agriculture use, to the full capacity of all mechanical means, ensuring the Department to work as mechanical agricultural cooperative sector;
  

f) meets the President of the Commission, in the exercise of the reception which organizes quality and quantity control of all work that is performed in the agricultural cooperative and responsible for receptions;
  

g) acts to increase the labour productivity by extending, modernising machinery technologies, rational use of manpower and mechanical means; drive and control of labour activity, and proposing the General Assembly rules be improved;
  

h) respond, together with other specialists, organization and holding of agrozootehnic, education of vocational qualification of cooperators;
  

I), together with responsible accounting officer: full use of production capacities, setting goals, investment, construction and operation of their efficiency, compliance with statutory provisions relating to the establishment of the Development Fund, using their own resources and judicious credits granted by the State; acts for the implementation of capacity-building and the realization of projected parameters to timelines;
  

j) respond, along with Chief Accountant, for full compliance with the obligations of the State towards agricultural cooperative agreements for use of the products, ensuring the material basis of contracts and the delivery of the entire volume of the deadlines and the quality of products;
  

k), plan and organise, together with the other frames daily production technical activity, thanks to the use of the full means of work and labour.
  

It analyzes and presents) in conjunction with the accounting officer of the management organs of the cooperative, at least once a month, the results of the productive activity and economic and financial measures necessary for carrying out and overcoming the plan;
  

m) directs, controls and is responsible for the work of the farm bosses, order of battle and sectors which are subordinates;
  

n) ensure, in conjunction with the accounting officer, the realization of the measures laid down on the occasion of checks carried out in the agricultural cooperative of the guidance and control bodies;
  

as a representative of a State), has an obligation to contribute to the work of the Council for implementation of the plan for agriculture in territorial, mobilize local resources in order to increase the intake of population households from the State Fund of plant and animal products.
  


Article 11 accounting officer has the following powers and responsibilities: a) ensure, together with other economic frameworks, compliance with rigorous financial discipline and be responsible for the management of the entire avutii has sound cooperative;
  

b) ensure and be responsible, together with the Chief Engineer, the achievement of maximum income with expenditure and work force, organize and monitor the implementation of a strict regime of economy, which contribute to increasing the economic efficiency of all activities; material and financial expenditure will be made mandatory and with signature of the President and the Chief Engineer;
  

c) ensure and be responsible for reimbursement by the agricultural credit cooperative and the performance of other financial obligations toward the State and suppliers within specified time limits;
  

d) directs, controls and is responsible for the work of economists, accountants and managers;
  

(e) ensure correct) and keeping up to date of the economic agricultural production cooperative.
  


Article 12 the President, Chief Engineer, Chief Accounting Officer, all staff of technical, economic and administrative cases are required to permanently raise the level of professional knowledge and political, to the driving the tractor, machines and facilities used in the agricultural cooperative and of taking effective part in exploiting them during periods of performance of the production process.


Article 13 the Chief agronomist Engineer working at the Council of State against intercooperatist responsible for exercising the functions conferred on it in the end: a) shall ensure that the actions and objectives set out in the programme of work of the Council;
  

b) assist agricultural cooperatives in organizing actions and cooperation in order to strengthen economic and organizational aspects of each establishment;
  

c) controls the work done by the resort for agricultural mechanization, how this diversification, increasing mechanization and implementation on time and in good condition of the whole volume of works;
  

d) ensure and be responsible for the preparation of mecanizatorilor in determination of the modern technologies in the production of vegetable and animal.
  


Article 14 the County Directorates General for agriculture, the food industry and the EPA, as local organs of State administration shall have the following powers and responsibilities with regard to the direction and control of the governing boards of the agricultural production cooperatives and the specialists working in the agricultural cooperative units: a) of plan tasks into units taking into account indicators of plan on the basis of proposals made by the agricultural cooperative units and their own studies, pedagogical conditions and socio-economic; control and achievement areas, livestock, production, delivery to the tasks of the State and of the other indicators;
  

b) supports cooperative units when drawing up the programme of organizational and technical measures, controls and directs the fulfilment thereof;
  

c) develops programs of cooperative agriculture development on County, based on studies and tests made with the participation of specialists in agricultural establishments, summer research and education, which continue to increase production and to strengthen the economic organization of each establishment;
  

d) directs and controls implementation by experts from intercooperatiste councils programs and actions taken;
  

e) directs and shall be responsible for activity of specialists of agricultural co-operative actions agrofitotehnice, cattle-breeding and veterinary, which would lead to the achievement of the tasks of production;
  

f) shall, together with the specialists of necessary units, mechanical works, take measures and controls the use of tractors and agricultural machinery to the full capabilities and make proposals for the building and endowment of mechanization of agriculture;
  

g) organize and secure the lifting of the professional education of personnel management, specialists and other technical frameworks through specialized courses, work and festiv exchanges of experience, supports cooperative specialists in smooth agrozootehnic education for raising the knowledge of the entire taranimi.
  


Chapter 3 economic Measures on strengthening the Organization of agricultural production cooperatives Article 15 every agricultural cooperative production less consolidated, General Directorates for agriculture, food industry and County unions, agricultural production cooperatives and subsidiaries the Bank for agriculture and the food industry will be drawn up, together with the heads of the respective cooperative farms, a technical-economic program recovery complex, meant to result in a period of 3-5 years to increase production and to the strengthening of the organizational and economic penalties. The program is subject to the approval of the Executive Committee of the Board of the Ministry of agriculture and County folk, Food and water.


Article 16 For judicious use of multilateral aid granted by the State and the value of all the materials and human resources in order to achieve the recovery program, the State can take control or direct these units in order to strengthen their economic and organizational aspects.
The restoration programme is entrusted to an assignee of the State, called for a limited period, by the Executive Committee of the Board of the county people's names from the best specialists or other frames with much experience in leadership, organization of production and labour in agriculture.
State representative decide on measures necessary for the implementation of the programme, after prior consultation of the Board.


Chapter 4 special provisions and final provisions Article 17 appointment and employment of specialized agricultural engineers and Chief Accountants of the co-operative agricultural enterprises, as well as veterinarians in these units or in districts, shall be made by the Executive Committee of the Board of the County through the Directorate-General of people's County agriculture, food industry and EPA.
Transfer of specialist agricultural engineers and veterinarians from one county to another or from one sector to another of agriculture or in a different branch than agriculture, the agricultural specialty stations, is made by the Executive Committee of the Board of the County through the Directorate-General of people's County agriculture, food industry and EPAs, with the agreement of the Ministry of agriculture, Food and water.

Changing from Office and disciplinary measures are carried out by the Executive Committee of the County Council through the general direction the popular County agriculture, food industry and the EPA, on a proposal from the Board of Directors of the cooperative agricultural or at the request of the Executive Committee of the municipal people's Council, city or municipal, where appropriate.


Article 18 specialized agricultural Engineers, veterinarians and State accounting officer responsible paid towards Council Executive Committee of the local people's observance of the work schedule and job fulfilment. The remuneration of these frameworks is done by the Executive Committee of the local people's Council, on the basis of this confirmed by the President of the agricultural cooperative.


Article 19 specialized agricultural Engineers, veterinarians and the accounting officer and subordinates are responsible towards the County Agriculture Department, the food industry and the EPA for how they exercise powers delegated to them are specialty in agricultural cooperative.


Article 20 Engineers, veterinarians and others in the agricultural cooperatives work, paid by the State or cooperative, is recommended to be received by the cooperative members, with rights and obligations specified in the bylaws. They participate in the management of the cooperative and to taking decisions, follow-up for their work in front of the General Assembly.


Article 21 decision of the Council of Ministers shall determine the number of specialized agricultural engineers and veterinarians for each framed with such specialists, in accordance with the legal norms in force.


Article 22 heads of institutions and enterprises, which will keep the agricultural specialist engineers and veterinarians over the number laid down or which will fit well in other functions than those laid down, shall be charged on amounts paid as remuneration for work performed, and the posts in question are void.


Article 23 specialized agricultural Engineers, veterinarians and agricultural cooperative establishments from the districts, as well as veterinary mechanical engineers, other agricultural specialists with higher education and heads of departments from the resorts for agricultural mechanization, are obliged to reside in the locality in which they operate.
The provisions of the preceding paragraph shall also apply to specialized personnel with economic training and specialized technical training average working in agricultural cooperative units, resorts for agricultural mechanization, the popular councils, districts and other units.
Those who do not conform to the provisions of paragraph 1. 1 and 2 within six months from the entry into force of this law will be retrogradati in the function or class-within the same profession-during 3 months.
If after the expiry of the stray retrogradarii not complying with the requirements of paragraph 1. 1 and 2 will loosen terms of employment and disciplinary action will be guided to work directly in production.


Article 24 until the construction of dwellings, personal property or by agricultural cooperatives, the executive committees of the popular councils are obliged to provide housing for specialized agricultural engineers and veterinarians, as well as for other staff; 23. Article 25 agricultural Specialists and agricultural cooperative's chief accounting officer, remunerated by the State, shall enjoy all the rights due to those employed in State-owned units, in accordance with the regulations in force. At the same time, benefit from the rights provided for in the statutes of the cooperative agricultural production.
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