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Law No. 4 Of 28 March 1974

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

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LEGE No. 4 of March 28, 1974 on the duties and responsibilities of management boards, presidents, chief engineers, chief accountants, other technical and economic staff in agricultural production cooperatives, as well as the county general directorates for agriculture, food industry and water
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN NO. 49 of 2 April 1974



For the implementation of the party and state decisions on intensive development and continuous modernization of agriculture, economic and organizational consolidation of agricultural production cooperatives, in order to increase their contribution to the development of the national economy and the lifting of the standard of living of cooperators, particularly important tasks lie with the management boards, presidents, chief engineers, chief accountants and other technical and economic frameworks in these units. The governing boards, the presidents, all the technical and economic frameworks of the agricultural cooperatives, through their entire activity bring their contribution to the realization of the tasks established by the Romanian Communist Party for the creation of the socialist society multilaterally developed in our homeland, to strengthen the alliance between the working class-the ruling class of society-and the peasantry, the social-cultural elevation of the village to an ever higher level of civilization. In order to increase the role and responsibility towards the party and state of the governing boards, presidents, chief engineers, chief accountants and other technical and economic frameworks in agricultural production cooperatives, The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1. Boards, all technical and economic frameworks in agricultural cooperatives bear full responsibility to the party and state for the realization of the production and financial plan-an integral part of the single economic development plan and social of the country-for the rigorous observance of the obligations assumed to the state, in which the purpose ensures the full and efficient use of the earth, of all material and financial means, the superior organization of production and labor, introduction and generalization of modern technologies. + Article 2 The agricultural cooperative's governing board, as well as its president-elected by the general assembly of cooperative members-is confirmed by the county's executive board executive committee and are accountable to the state for the work they do. carries out according to the provisions of the present law, as well as to the general assembly, according to the Statute of the Agricultural Cooperative of Production, in the implementation of the party and state policy + Article 3 The governing council, as executive body of the general assembly of the agricultural cooperative, responds to the state for the application and respect in the entire activity of the agricultural cooperative of the laws, party and state decisions, of all acts normative, as well as the provisions of the Statute of the Agricultural Cooperative Production + Article 4. The president of the agricultural cooperative provides the current management of its activity and is responsible for carrying out the decisions of the general assembly and the governing council, in strict compliance with the laws and other legal provisions, as well as the norms of cooperative democracy, in order to effectively use the entire economic potential of the unit, the economic and organizational consolidation of the cooperative, the harmonious combination of the interests of cooperators with the general interests of society. + Article 5 The chief engineer is the representative of the state in the agricultural cooperative and responds both to the county general direction for agriculture, food and water industry, and to the general assembly and the governing council, to the organization and the performance of the production activity, the entire economic activity, for the efficient use of material and financial means, for the continuous economic-organizational consolidation of the cooperative agricultural units. The farm heads and the other technical staff of the agricultural cooperative shall be responsible both to the President and the Chief Engineer, and to the General Assembly and the Governing Board, for the organization and conduct of the production activity on the farms and the sectors I run. + Article 6 The chief accounting officer of the agricultural cooperative responds, to the county general direction for agriculture, food and water industry and to the general assembly and the governing council, to the organization and conduct of economic-financial activity, to achieve the revenue and expenditure plan, to increase the economic efficiency of the production, to establish and use the statutory funds rationally. The other economic staff are responsible for carrying out the tasks they have both to the chief accounting officer and to the general meeting. + Chapter 2 Duties and liabilities + Article 7 The Governing Board responds, to the state and the general assembly of cooperators, to the current and prospective planning of the production and financial activity of the agricultural cooperative, to the full realization of the plan tasks and the obligations assumed towards the state, the development and defense of public wealth, in which purpose it ensures the organization of production and labor, the conditions necessary to fulfill the plan, the increase of plant and animal production, the reduction of the share of material expenses and increased labour productivity. In the distribution of production and income, the governing board is responsible for complying with the necessary correlations so that, with the increase of the cooperators ' income, the own funds for the continuous development of the agricultural cooperative will be ensured. The Governing Council is responsible for strict adherence to the order and discipline in the work of all cooperators, ensuring their active participation in the smooth running of the entire activity of the agricultural cooperative. + Article 8 The president bears the responsibility for the realization of the production and financial plan, the organization for this purpose of the entire activity of the agricultural cooperative, the development and rational use of public wealth, the fulfillment of the obligations assumed state and respect for the rights of cooperators according to the law and the Statute of the agricultural cooperative of production, as well as for the realization of the duties specific to the chief engineer and The president represents the agricultural cooperative in relations with state bodies, with socialist economic organizations, with any other legal entities, as well as with individuals. The patrimonial employment of the agricultural cooperative is made by the signature of the president, the chief accountant and the chief engineer. + Article 9 The chairman, chief engineer, chief accounting officer and all technical and economic frameworks, the other members of the governing council, shall exercise, according to the laws and the Statute of the Agricultural Cooperative of Production, the following duties: a) ensure all the necessary conditions for the full fulfilment of the indicators of the state plan and respond to the sowing of the planned areas on each crop, the realization of animal herds by species and categories, plant production and livestock, delivery duties and other obligations assumed by the agricultural cooperative to the State. To this end they make their entire contribution and respond to the full valorisation of all the local resources of the unit and the means granted by the state, ensuring the harmonious combination of the requirements of the national economy with those of the cooperative and its members; b) elaborates the program of technical-economic and organizational measures necessary to fulfill the production and financial plan and shall be responsible for its application; c) pursue the implementation of the obligations assumed by the agricultural cooperative within the intercooperative council, the intercooperative associations and in the actions of cooperation and association with the state units. + Article 10 The chief engineer, apart from the general duties provided for in art. 9, has the following specific duties and responsibilities: a) answers, together with the other agricultural specialists, the preservation, the full use and the judicious and efficient management of the land fund of the agricultural cooperative. As a representative of the state, the chief engineer has the obligation to act and determine compliance with the legal provisions on the preservation and management of the land fund, to follow their application exactly, to find the contraventions and to apply sanctions under the law b) keep in constant contact with the institutes and resorts of research in agriculture, respond directly to the establishment and application of the most appropriate technologies of plant culture and animal husbandry, promotion and generalization of progress technical, in all sectors of activity of the agricultural cooperative; c) ensure, together with other agricultural specialists: the proper location of crops, the production and use of seeds from valuable varieties and high productivity hybrids; land fertilization, timely execution and in good conditions of the works of sowing, maintenance and harvesting of crops; storage and preservation of products; full and efficient exploitation of works of land improvement; organization and conduct of the production process in animal husbandry, the application of measures to improve reproduction, selection and animal improvement, effectives, increase of feed quantities; extension of mechanization of works. The chief engineer is responsible for the application-according to the local conditions-of the technical measures, in terms of the period and of their execution; d) responds to the thorough organization of production and labor, the generalization of the global agreement in all sectors, and together with the chief accounting officer, ensures the rhythmic technical-material supply of farms and production sectors; e) responds to the activity of the agricultural mechanization department, to the use, at the full capacity, of all mechanical means, ensures that the section works as a mechanical sector of the agricultural cooperative; f) performs the function of chairman of the reception committee, in the exercise of which organizes the quality control and quantity of all works that are carried out in the agricultural cooperative and responds to the receptions made; g) acts for the continuous growth of labor productivity through the expansion of mechanization, modernization of technologies, rational use of labor and mechanical means; leads the work of labor and proposes to the general assembly improved rules; h) responds, together with the other specialists, to the organization and conduct of the agrootechnical mass education, the professional qualification of the cooperators; i) respond, together with the chief accounting officer, of: full use of production capacities, establishment of investment objectives, location, execution and efficient exploitation of them, compliance with the statutory provisions regarding the constitution the development fund, the judicious use of own funds and credits granted by the state; it acts for the commissioning of capacities and the realization of the parameters designed at the stipulated deadlines; j) responds, together with the chief accounting officer, of full compliance with the obligations assumed by the agricultural cooperative to the state through the contracts for the valorization of products, the provision of the material basis of contracts and the delivery of the entire volume of products at the time limits and quality; k) analyze, plan and organize, together with the other technical staff the daily production activity, ensuring the full use of the means of work and labor. l) analyze and present, together with the chief accounting officer of the cooperative, at least once a month, the results obtained in the production and economic-financial activity, the measures necessary to fulfill and exceed the plan; m) directs, controls and responds to the activity of the farm heads, brigades and sectors, which are subordinate to him; n) ensure, together with the chief accounting officer, the implementation of the measures established during the controls carried out in the agricultural cooperative by the guidance and control bodies; o) as a representative of the state, he has the obligation to contribute to the activity carried out by the popular council for the realization of the agricultural plan in territorial aspect, mobilization of all local resources in order to increase the contribution households for the establishment of the state fund of plant and animal products. + Article 11 The chief accounting officer shall have the following specific duties and responsibilities: a) ensure, together with the other economic frameworks, the rigorous observance of the financial-banking discipline and is responsible for the judicious management of the entire wealth of the cooperative; b) ensures and responds, together with the chief engineer, to the realization of maximum revenues with material expenses and minimum labor, organizes and pursues the application of a strict savings regime, to contribute to the increase of efficiency economic of the entire activity; the employment of material and financial expenses will be made mandatory and with the signature of the president and the chief engineer; c) ensure and respond to the reimbursement by the agricultural cooperative of the loans and the fulfilment of the other financial obligations to the state and suppliers at the established deadlines; d) guide, control and respond to the activity of farm economists, accountants and managers; e) ensure the correct and up-to-date keeping of the economic record of the agricultural production cooperative. + Article 12 The President, the Chief Engineer, the Chief Accountant, all technical, economic and administrative frameworks have an obligation to permanently raise their level of professional and political knowledge, to themselves the management of the tractor, machinery and installations used in the agricultural cooperative and to take effective part in their exploitation during the age periods of the production process. + Article 13 The chief agronomist engineer who operates at the intercooperative council shall be responsible to the State for the exercise of his/her duties, for which purpose: a) ensure the achievement of the actions and objectives set out in the council's work programme b) provide support to agricultural cooperatives in the organization of association and cooperation actions, in order to strengthen the economic and organizational of each unit; c) controls the activity carried out by the resort for the mechanization of agriculture, aims at how it ensures diversification, increasing the degree of mechanization and realization on time and in good conditions of the entire volume of works; d) ensure and respond to the preparation of mechanizers in view of their appropriation of modern technologies in plant and animal production. + Article 14 The county general directorates for agriculture, food industry and waters, as local state administration specialist bodies have the following duties and main responsibilities regarding the guidance and control of the governing boards of the agricultural production cooperatives and specialists working in cooperative agricultural establishments: a) breakdown of the plan tasks by units taking into account the plan indicators, based on proposals made by the agricultural cooperative units and their own studies, depending on the pedoclimatic and social-economic conditions; the realisation of the areas, livestock, production, delivery tasks to the state fund and the other indicators of the plan; b) support the cooperative units in the preparation of the program of technical-organizational measures, control and guide their fulfillment; c) develop programs for the development of cooperative agriculture on the county, based on studies and analyses made with the participation of specialists from agricultural units, from research and education resorts, leading to the continuous growth of the production and the economic and organizational consolidation of each unit; d) guide and control the implementation by specialists from the intercooperative councils of the adopted programs and actions; e) guide and respond to the activity of specialists from cooperative agricultural units on agrophytootechnical, zootechnical and veterinary actions, leading to the realization of production tasks; f) establish, together with the specialists in the units, the necessary mechanical works, take measures and control the use of agricultural tractors and machines at the full capacity and make proposals to equip the resorts and mechanization sections of agriculture; g) organizes and ensures the lifting of professional training of leading staff, specialists and other technical staff through specialized courses, working consfatuations and experience exchanges, supports specialists from cooperative to good development of agrootechnical education for raising the level of knowledge of the entire peasantry. + Chapter 3 Measures regarding the economic and organizational consolidation of some agricultural production cooperatives + Article 15 In each agricultural cooperative of less consolidated production, the general directions for agriculture, food industry and waters, the county unions of agricultural production cooperatives and the branches of the Bank for Agriculture and Industry Food will draw up, together with the management of the respective cooperatives, a complex technical-economic recovery program, meant to lead in a period of 3-5 years to the increase of production and to their economic-organizational consolidation. The program is subject to the approval of the executive committee of the county folk council and the Ministry of Agriculture, Food and Water + Article 16 For the judicious use of multilateral aid granted by the State and the enhancement of all local material and human resources, with a view to achieving the recovery programme, the State may take over in its direct control these units in the purpose of their economic and organizational strengthening. The realization of the recovery program is entrusted to a state empowered, appointed, for a limited period, by the executive committee of the county popular council among the best specialists or other staff with a lot of experience in management, organization of production and work in agriculture. The State's power of attorney shall decide on the measures necessary to carry out the programme, after consulting the management board + Chapter 4 Special and final provisions + Article 17 The appointment and framing of agricultural specialty engineers and chief accountants in cooperative farming units, as well as veterinarians in these establishments or veterinary constituencies, shall be made by the executive committee of the council. County popular through the county general direction for agriculture, food industry and waters. The transfer of agricultural specialty engineers and veterinarians from one county to another or from one sector to another of agriculture or to a branch other than agriculture, in agricultural specialty positions, is done by the committee. executive of the county popular council through the county general direction for agriculture, food industry and waters, with the agreement of the Ministry of Agriculture, Food and Water Industry. The change in office and the application of disciplinary measures are made by the executive committee of the county folk council through the county general direction for agriculture, food industry and waters, at the proposal of the governing council of the agricultural cooperative or at the request of the executive committee of the communal, municipal or municipal council, as the case may be. + Article 18 Agricultural specialist engineers, veterinarians and the chief accounting officer of the state are responsible to the executive committee of the local popular council for compliance with the work programme and the achievement of work obligations. The remuneration of these staff is made by the executive committee of the local popular council, based on the presence confirmed by the president of the agricultural cooperative. + Article 19 Agricultural specialist engineers, veterinarians and chief accounting officer are subordinate and respond to the county general direction for agriculture, food industry and waters for the way they exercise their specialized duties. are entrusted to the agricultural cooperative. + Article 20 Engineers, veterinarians and other persons employed at agricultural cooperatives, paid by the state or cooperatives, are recommended to receive members of the cooperative, with rights and obligations provided by the statute. They participate in the management of the cooperative and the taking of decisions, answering for their work in front of the general assembly. + Article 21 The decision of the Council of Ministers will establish the number of agricultural specialist engineers and veterinarians for each unit framed with such specialists, in accordance with the legal norms in force. + Article 22 Heads of institutions and enterprises, who will maintain agricultural specialty engineers and veterinarians above the established number or who will frame such specialists in functions other than those established, will be charged the amounts paid to them as remuneration for the work performed and those posts will be cancelled. + Article 23 Agricultural specialist engineers, veterinarians from cooperative agricultural establishments and veterinary constituencies, as well as agricultural mechanical engineers, other specialists with higher education and heads of wards in the resorts for agriculture. The mechanization of agriculture, they are obliged to live in the locality where they operate. The provisions of the previous paragraph also apply to specialized personnel with economic training, as well as to the specialized one with medium technical training working in cooperative agricultural units, in the resorts for agricultural mechanization, veterinary constituencies, folk councils and other agricultural establishments. Those who do not comply with the provisions of par. 1 and 2 within 6 months after the entry into force of this law will be relegated to office or class-within the same profession-for the duration of 3 months. If even after the expiry of the relegation does not comply with the provisions of par. 1 and 2 will be stripped of their employment contract and will be directed to work directly in production. + Article 24 Until the construction of housing, personal property or by agricultural cooperatives, the executive committees of the popular councils are obliged to provide housing for agricultural specialist engineers and veterinarians, as well as for the other staff provided in art. 23. + Article 25 Agricultural specialists and the chief accounting officer of the agricultural cooperative, remunerated by the state, benefit from all the rights due to those assigned to the state units, in accordance with the regulations in force. At the same time, it also benefits from the rights provided for specialists in the Statute of the agricultural production cooperative. -------------