LAW No. 939 of 27 November 1946 for the creation of the public Corporation For Agricultural, Agricultural industries and MINISTRY OF AGRICULTURE and the ISSUING of AREAS Published in MONITORUL OFICIAL NR. 275 of 27 November 1946 Chapter 1 purpose and heritage article 1, shall be established by this decree-law, in addition to and under the control of the Ministry of agriculture and Director of the Autonomous Areas, which have "Agricultural, animal husbandry, Agricultural industries and machinery", with the abbreviation "r. e. a. Z. I. M.".
R. e. a. Z. I. M. is a legal entity under public law, with its own management and heritage, organized according to dispoziţiunilor law.
The headquarters of the country's Capital is in the overhead.
Article 2 purpose of the Kings is making rational exploitation of agricultural goods and businesses or heritage and putting them in the service of the country's agriculture.
Article 3 in order to achieve the purpose or, r. e. a. z. i. m.: inzestra all reasonable technical means;
Will produce and will supply farmers with agricultural necessities, such as seeds, owners, vine and horticultural materials and any other goods or assets intended for the same purpose;
Will be made available to farmers for use, agricultural machinery, tools, workshops, reproducatorii and any other property disposal;
Will facilitate harnessing beneficial products of agriculture, conservation, through industrialization, standardization and any other means.
Will disseminate knowledge through professional guidance, the farmers in the surrounding farms and businesses;
Will the form of skilled workers;
Will serve through its units for pupils and students practice from agricultural and zootechnical veterinary education *).
— — — — — — — — — — — — — — — — — — * Note) corrected Text according to rectifying published in Official Gazette No. 283 of 6 December 1946.
Article 4 the production Plan, work programme and the distribution of the country's territory to the resorts of agricultural industrialization and agricultural products from instalatiunilor will run after directing guidelines of the Ministry of agriculture and Areas through specialized departments.
Article 5 Goods passing Overhead are two over categories: real data in property and goods.
the) property "r. e. a. z. i. m.": 1. All property, farms, agricultural holdings, horticultural, viticultural, instalatiunile, wine-growing and horticulture, fanetele and pastures, agricultural machines and tools, car repair workshops, instalatiunile of any kind, for conservation, standardization, industrialization and agricultural products processing property of the State, which were put into service, Ministry of agriculture and Areas (M. A. D.) , Chambers of agriculture, p. r. i. d. by laws or journal of the Council of Ministers, only if they can be the subject of a holding in its own right, as well as those that can be attached, from the administrative point of view, to another.
Except the exploitation of experimental scientific research institutes Belkis pending A. D. and schools of all types of farming.
Goods derived from p. a. r. i. d., indiguite or which are not subject to amelioraţiuni land operations will be operated, for the purpose of fishing, by p. a. r. i. d., when they will be covered with water.
This operation will be done by p. a. r. i. d., in agreement with the local administration of the public corporation.
2. All agricultural goods, wine-growing, horticulture, animal husbandry, grassland and fanetele buildings and livestock and property, owned or use other ministries or institutions of the State, except those that are specialized in direct connection with the respective authority atribuţiunile (shooting range, permanent training camp, etc.).
Their transition into property of r. e. a. z. i. m., will be made on the basis of the Council's journal, compiled by the Ministry of agriculture and the areas at the request of the public corporation.
3. Agricultural land and buildings and dead, who have been and will be confiscated and transferred into the State's heritage, according to final data, decisions on the basis of exceptional laws.
4. All baracamentele, fixed and mobile workshops to repair cars in the service of the Ministry of war.
Their transition into the assets of r. e. a. z. i. m. will make-based journal of the Council of Ministers, prepared by m. a. d., at the request of r. e. a. z. i. M.
5. live Inventory which came into effect from State heritage land reform law of 1945, inzestrarii Overhead exploitation.
6. All appropriate State by operation of law No. 485 of 1944, which belonged to the ethnic group.
7. All rights and obligations, through institutiunilor abolished this law or those who are in direct connection with the goods owned by r. e. a. z. i. m., in addition to debts relating to goods resulting from the application of the law of land reform since 1945 and to regulate by means of a special law.
b) use R. E. A. Z. I. M.: 1. All agricultural land in national Office of Colonizarilor, which until the appearance of the face, have not been assigned as Director to return them to the Office of National Colonizarilor, when actually it will give to colonization.
2. All small goods resulting from land reform in 1919-1921 and 1945, which does not constituiesc, the publication of the present law, holdings alone nor are attached, from the administrative point of view, at other farms.
Article 6 Goods transferred into ownership or use the overhead will be inventoried by a Comisiune, composed of three members: the Director general of the public corporation, or delegate or a delegate of the Ministry of agriculture and the areas and a delegate of the Ministry of finance.
To the extent of the needs, the Steering Committee shall, having received an opinion from the Commission in the preceding paragraph, will be able to set up local inventory comisiuni.
Descriptive inventory will be drawn up and enumerativ.
He will be assessed and centralised until 31 March 1947, according to the instructions given by Comisiunea.
Article 7 relations with authorities and particularii, as well as in the courts, judicial is represented by the Director general or by its replacement, or by local governing bodies, within the limits of atributiunilor what confers.
Article 8 All County and State authorities, civil and military commune, are obligated to give their competition, at the request of the public corporation or its organs subalterne, anytime will be required, in the interests of the service.
Chapter 2 Administration Bodies Article 9 Director is managed by: a) Board of Directors;
b) Steering Committee;
a. Board of Directors Article 10 Board of Trustees consists of 14 members: 1. the Director-general of the Régie.
2. The Director-general of the Institute of Agricultural Research of Rumania.
3. The Director-general of the National Institute.
4. Plant Production Director, Director of viticulture and Horticulture and Livestock Director from m. a. d. 5. A representative of the Ministry of finance.
6. Two specialists in machinery and agricultural industries of the Ministry of agriculture and Ministry of national education or Domains.
7. Four small farmers with up to 10 hectares, parts of the country and recognized as good householders.
8. A representative of the property over 25 ha, recognized as a good householder.
Members of section 6 shall have a length of service of at least 5 years.
Article 11 appointment of Board members is done over a period of 4 years.
Both the appointment and revocation of members of the Board of Directors, will be made by Royal Decree on a proposal by m. a. d.
When for various reasons would crop up a holiday during the period of 4 years, what will be called the vacancy will only work until the completion of that period.
Completion of holidays cropped up with people in the same category as the Member out of the Council.
Article 12 Board members will not be able to be part of the councils or committees or institutions competing undertakings, or for directing.
Article 13 the Board of Directors will choose at the beginning of each year, from breast or a President, which can be confirmed by decision of the Ministry of agriculture and areas.
Minister of agriculture and areas or Undersecretary of State at the same Department, can take part in the proceedings whenever the Board of Directors, in which case they preside over.
The Council meets once every three months to be compulsory or wherever will be convened by the Chairman in an extraordinary meeting. Board meetings are chaired by the President or in his absence the most years of the members present.
Article 14 Deciziunile of the Management Board shall be taken by majority vote and in the presence of at least eight members, among them, necessarily, general manager of the Régie or replacement.
In the event of parity, the vote of the Chairman will decide.
Article 15 the Director general is the referrer's Board of Directors and participate in the meeting with deliberative vote.
In the event of foreclosure, will deputize whole subdirectory will also have a deliberative vote.
Article 16 members of the Board of Directors will be remunerated with a token presence, in accordance with the legal norms in force.
The Board of Directors has the following debt collection: a) to review and approve the action plan and the investment made by the public corporation, the Director-general;
b) draws up the budget of income and expenditure of the public corporation and shall submit it for approval to the Ministry of agriculture and the areas and the Ministry of finance;
c) Approve the balance sheet together with the profit and loss account, inventory completed by the end of the book-keeping and management of various special funds;
d) Approve and forward to the Ministry of agriculture and the areas of the reports drawn up by the Directorate-General on the financial and technical skill in the overhead;
e any other works) examines what will be submitted by the Steering Committee or the general manager;
f) Decide on any necessary transfers within the budget of expenditure and additional credits apertures to the opening credits;
g) deciding on proposals to overcome the total expenditure envisaged in the budget, when it would conclude that there was an extra revenue to cover the added expense.
b. Steering Committee article 18 Steering Committee consists of: the Director general of the public corporation and three members of the Board of Directors and Director of plant production and the Director of the Ministry of Agriculture Livestock and Fields and the representative of the Ministry of finance.
The Director-general shall chair the Steering Committee.
The Committee meets as often as necessary, at the request of the President.
Decisions and opinions of the Steering Committee shall be taken by majority. In the event of parity, the vote of the Chairman decides.
Article 19 Committee members steering will be remunerated in accordance with the legal norms in force.
Article 20 the Steering Committee has the following debt collection: a) Approve hiring and operations expenses, within the limits of budgetary appropriations or budget, up to a ceiling to be set by the Council of Ministers, the journal with the opinion of the Ministry of finance. Employing over this ceiling, will be approved by the Ministry of agriculture and areas.
b) decides the making of loans for a term not exceeding 5 years, for the amounts needed for.
c) on the basis of the opinion of lawyers, decide the conclusion of transactions for disputes up to a ceiling to be set by the journal of the Council of Ministers, the Ministry of finance, and advises on those of a higher value, which is to be submitted to the Ministry of agriculture and the fields, to be approved by the Council of Ministers;
d) decides the conclusion of convenţiuni with institutiunile and public enterprises in the country and abroad, that are to be approved by the Ministry of agriculture and Areas;
e) Advises on the draft budget prepared by the Director general;
f) Endorse the establishment of the various proposals on the special funds of which the Director has required, for riding a regular operation.
g) Decide the conclusion of long-term loans for investments from credit institutes recommended by the Ministry of finance.
These deciziuni are subject to the Ministry of agriculture and the areas to be approved by the Council of Ministers, the journal with the opinion of the Ministry of finance;
h) Decide on the sale or transfer of real estate no longer must or can no longer serve the purpose the overhead, to be submitted to the Ministry of agriculture and the fields, on the basis of a law authorizing;
I shall endorse upon the balance) account of the profit and loss account and the execution of the budget.
He also has over how to draw up the inventory and valuation of the goods;
j) Endorses plan of activity and investitiuni of the public corporation, to be submitted to the Administrative Board for approval;
k) Endorse upon the reporting prepared by the Director-general on the financial and technical skill in the public corporation.
Article 21 Steering Committee can pass some of its Director-general atribuţiunile.
c. the Director-general director-general Article 22 the following debt collection: a) Decides over matters administrative, legal, financial, technical, commercial, industrial, service, inspection, control and data competinţa of the Overhead For Agricultural, animal husbandry, Agricultural industries and Cars, in accordance with the law of the face;
(b) under his orders) all staff Overhead;
c) Commits, as costs of materials and supplies up to a ceiling to be set by the Council of Ministers journal;
d) Called, committed, forward, transfer, retire, prosecute and send to the front of comisiunilor of Overhead staff discipline in accordance with the Statute of civil servants, the dispoziţiunile of laws organizing the technical Bodies and workers force laws;
e) shall draw up, together with Direcţiunile, investitiuni and activity plan.
f) shall, together with the Central and County Direcţiunile, the draft annual budget of revenue and expenditure of the public corporation;
g) shall, together with the National Accounting, the inventory and the balance sheet for the year expired, which, together with the profit and loss account, the account of the execution of the budget, the report of the Commission of control, Steering Committee and Board of Directors, managerial decision will be forwarded to the Ministry of agriculture and the areas to be subject to the High Court of Auditors through the Ministry of finance;
h) shall conclude with the lawyers opinion, transactions up to a ceiling fixed by the journal of the Council of Ministers;
I) Controls the implementation of the budget;
j) Randomized, with Steering Committee, between Directiuni and services, appropriations, in accordance with the needs of each service;
k) draws up annual lease of technical and financial activity and trade public corporation;
it) Send delegates or attend international congresses and conferences, domestic or international, is to discuss matters of agricultural production, agricultural machinery or industries can give assignments for various studies and research.
m) Cares for drawing up the specifications for works, supplies and services;
n) Features public auctions, keeping in accordance with the rules laid down by the law of the face.
a) Ensure and monitor, personally or through his delegates, as accounting records and materials to be kept up to date and that the preparation of the balance sheet, financial situaţiunilor, the annexes and the inventory accounts to be made at the time;
p) lays down detailed rules for the operation of all technical units;
q) Controls, Overhead, walking through the bodies of all services;
r) Prepares drafts of the Convention with public institutions and enterprises in the country and abroad and forward them to the decision of the Steering Committee, the Ministry of agriculture and Areas, for approval;
s) Prepares the minutes into account upon walking and the public corporation;
t) personally or by Studying various Directiuni and services, any questions of a general nature or particular importance which could bring about an improvement of the technical units of the public corporation;
Director-general u) may delegate part of his atribuţiunile his underlings.
Article 23 If the Steering Committee could be convened in order to take action on urgent issues, or resolve, which would entail the threat of loss or other drawbacks for Directing, the Director-general is authorized to make, on his own responsibility, measures it will find its way to avoid them, you will be subject to the then Steering Committee for ratification at his first meeting.
Chapter 3 services article 24 the National Organization is headed by a director general, helped in the performance of its atributiunilor two subdirectori generali).
They shall be appointed by Royal Decree and will be cancel, if it is established that they have harmed the overhead material and moral decisions, findings by the Board of Directors.
— — — — — — — — — — — — — — — — — — — — * Note) corrected Text according to rectifying published in Official Gazette No. 283 of 6 December 1946.
Article 25 General advising Personnel will operate a corps of inspectors from various specialties with debt collection guidance and control, whose number will be determined after the necessities through the budget.
Will work for consultation and expert advisers from various specialties, whose number will be established by the budget.
Article 26 Personnel consists of General directions and central services, as well as from directiuni County and from other services.
Article 27 Each direction is headed by a director, assisted by a subdirectory.
Article 28 and the Central Direcţiunile of the works are the following: A General direction For agricultural and cattle-breeding, which has the following services: 1. Agricultural Service, which organizes and leads productiunea seed selected.
2. livestock and reproducatorilor males, who organizes and leads the growth and use of animals for breeding stock.
3. wine Service, which organizes and directs the production of propagating material.
4. fruit and horticulture Service that organizes and leads the fruit planting material production and horticulture.
5. agricultural industries Service, which organizes and manages industrial and agricultural enterprises of the public corporation.
6. sericicol Service, avicol and beekeeping.
7. Defence Service of animal health.
8. disposal of the products.
9. goods Service.
B. the machine Direction Resorts, has the following services: 1. Service Organization: a) You file of machine stations;
b) also contributed to the preparation of investment plans;
c) make proposals for personnel movement.
2. Service operation, drawing up instructions for the Organization and operation of the machines, in the rational exploitation and more cost-effective.
3. The technical service which conducts reparaţiuni workshops and cares for the reparaţiunea machine.
C. Planning Directorate, has the following services: 1. centralisation of results Service and production planning.
the data supplied) based on the direction of accounting and technical research units, each unit's profitability and fixes of every branch of production.
b) calculates the cost of production;
c) make proposals to increase profitability;
d) Prepares drafts of production planning.
2. land and construction Service: a) the cadastral archive Preserves and plans and construction;
b) in collaboration with the national Exploitation, shall draw up plans for investment falling within its competence;
c) make proposals and seeks enforcement of land improvements;
d) Prepares construction projects and execute new constructions;
e) shall draw up draft and execute repairs and reconstructions.
3. the goods and Service purchases: a) in collaboration with the national plan drawn up For the investment, the competinţa;
b) on the basis of the investment plan and as a result of the commitment of the necessary funds, to purchase the property meets the formalities necessary Overhead;
c) leads the central warehouses and prepares, in collaboration with the direction of accounting, instructions for deposit services organization.
D. Accounting Directorate, has the following services: 1. Service revenue: a) the financial situation of the public corporation Pursues, make proposals for the procurement of the necessary funding.
b) revenue budget achievement Organizes and prepares, for the contracting of loans.
2. Service expenses: expenses of Central Services Department.: a) You freight Central Overhead;
b) in collaboration with the procurement of goods and Service, and with the Department of external services expenses, prepares the work for the preparation of balance sheets of the public corporation.
B. external services expenses: Section a) Prepares the rules for keeping the accounting services;
(b) Collect data on) accounting services;
c) keeps track of budget execution of the services;
d) make proposals for the use of surpluses and cover shortfalls in external services;
e) Centralizes the services balance sheets;
f) make proposals for making inspections and accounting personnel movement from external services.
3. budget and inventory Service: he works for) Prepares the overhead budget;
b) Prepares the work and keep the overhead general inventory;
c instructions for compiling) Preparing, keeping and communication center inventory services, in collaboration with the Department of external services expenses.
E. Administrative Directorate, has the following services: 1. personnel Service: a) Do work in relation to the movement of staff.
b) Prepares the files alphabetically, and personnel services, and preserves archives cazierelor;
c) Execute works in connection with mobilizarile for work.
2. Service qualification and improvement of teacher education: a) Pursues the activity and qualification of personnel, and make proposals for its improvement;
b) proposes organizing competitions between services and Overhead employees;
c Propose rules) participatiuni the benefits, premiums, mysteries;
d) Organizes the practice of pupils and students from the overhead services;
e) in collaboration with the service of the Ministry of agriculture and the drawing up of the Programme Areas, prepare and plan for vocational guidance to farmers and monitor the implementation thereof;
f) cares for Overhead and execute library works in conjunction with the publication of reporting and any other publicaţiuni of public corporation;
3. The social services: a) Prepares contracts for employment generally;
(b) improving care condiţiunilor Gate) of the employees (housing, food, medical care, etc.);
(c) settling disputes) is pursuing with employees.
d) Manages economatele.
4. service efforts.
5. Service registry and archive.
F. Service cashier.
Article 29 external Services are the following: a public corporation) regional Inspectorates for the technical and financial control of the Directiunilor and productiune units.
The heads of the regional Inspectorates for agricultural, animal husbandry and Veterinary of the Ministry of agriculture and the areas can be instructed to perform the function of Heads of regional Inspectorates of public corporation;
b) operating Directiuni County agricultural goods, cars and agricultural industries that depend on the respective County technical units;
Direcţiunile County will be set up, needs, through the budget.
Directors of the Agricultural Chambers County, may be instructed to perform the function of District Directors you Overhead.
District Directors will be assisted in the performance of their atributiunilor by a subdirectory;
c) led by technical units of one administrator, the Administration projected that goods may be the subject of separate exploitation. These units are: 1. tamaslacurile, Farms, boar, poultry meat coming oieriile, nurseries, vineyards, fruit orchards, vegetable gardens.
The Organization of each of the above-mentioned units, in terms of activities, the branch of productiune and staff, will be made by the Personnel.
2. agricultural resorts, car repair workshops, warehouses of spare parts, fuel and lubricants.
Organize these units in relation to the seat, the staff, will be made by the Personnel.
The use of agricultural machinery to be held after the plan drawn up in agreement with the head of the district's agriculture within which is found on the machine.
Paying jobs performed by agricultural machinery can be made by farmers up to 5 hectares and in nature.
3. The factories, instalatiunile of any kind for the processing, standardization, industrialization, agricultural products conservation, cellars, wine cellars, greenhouses.
The Organization of each unit referred to above in respect of the staffs, productiunii branch, and will be done by Personnel, under the program, approved by the Ministry of agriculture and areas.
Chapter 4 personal Dispoziţiuni relating to Article 30, the overhead is two Staff categories: a) Staff recruited under the provisions of the Statute of public officials or of laws organizing the technical bodies, subject to the rights and obligations provided for in these statutes;
b) personnel employed under the law employment contracts.
Chapter 5 financial Organization Article 31 All Overhead operations and accounting records shall be made after the rules of the trade laws, where this law provides otherwise.
Article 32 shall be obliged to organize Directed and you botched the double accounting units and exploitation.
Article 33 the annual budget of revenues and expenditures will form an annex to the general budget of the State, in which they will appear only benefits or subsidies data Overhead.
Article 34 the overhead Revenues come from selling products from any category, rents, interest, sales materials, State subsidies and other sources.
Subsidies from the State, will be provided in the budget of the Ministry of agriculture and the areas and will cover the costs of investment, guidance, propaganda and any other expenses not covered by the actual exploitation and maintenance, to the extent that they cannot be covered from own funds of the public corporation.
Article 35 the work carried out by public institutions, overhead will be paid on the basis of expenditures for materials and in regards to salary, plus expenses.
Article 36 budget year begins April 1 and ends on March 31.
Article 37 Operations of receipts and payments will be made through the National Bank, Home savings and postal Cheques, Cash deposits, financial Administrations or through its own cashier Offices of the Régie.
They will not keep their cash than strictly necessary.
Article 38 during budget execution, if necessary, or in order to obtain better results, any budgetary expenses, except as otherwise provided for the payment of administrative staff, it may, on the basis of reasoned proposals made by the Director-general, with the approval of the Ministry of agriculture and the areas and the Ministry of finance, where there will be revenue increases costs.
Article 39 in the case when during the budget exercise would not get receipts to cover current expenditure, the Director may obtain advances from the State or can procure the necessary amounts through borrowings.
Article 40 Loss recorded at the end will be receivables and Payables.
The Finance Ministry, at the request of the public corporation and with the opinion of the Minister of agriculture and Areas, can cover any losses that will result.
Article 41 at the end of each budget year, the Director shall draw up the general inventory, which will comprise the inventory of movable and immovable property, their evaluation, and inventory all carried over into the following year.
Moveable will calculate the cost price or at the price of the day, if it will be lower than the cost price.
Goods which by their nature are exposed to normal wear and tear and depreciation, will determine the share of wear and tear and depreciation, with the approval of the Ministry of agriculture and the fields, on the basis of a proposal from the public corporation.
Article 42 as well, at the end of the year, will draw up the account of the execution of the budget, the balance sheet and the profit and loss account.
Inventory, general balance sheet, the profit and loss account and the account of budget implementation, accompanied by the giving of the Director-general, on the results obtained and the conclusion of the inspection, the Commission shall submit to the Ministry of agriculture and Areas within three months after the end of the year, to be subject to the control of the High Court of Auditors through the Ministry of finance.
Article 43 the annual benefits will create a reserve fund through a levy of 10 percent, will reach 20% of the property valuation recorded in the inventory.
Reserve Fund serves to cover the losses produced by cases of force majeure, as well as necessary to cover the costs of replacement instalatiunilor destroyed before the term amortization or rendered unusable as a result of technical advances.
M. a. d., in agreement with the Ministry of finance, may decide, at the request of the public corporation, and other funds.
Article 44 the work, materials and Overhead services can run in either direction, either in the enterprise, as will be decided by the competent administration bodies; they will run into directing, whenever technical and financial capacity of the public corporation, ensure enforcement in superior and profitable conditions.
Article 45 the work, materials and services may be contracted by good învoiala: a) When to perform their competitors cannot get;
(b) to carry out) when their capacity is required for execution without which it cannot guarantee a good result;
c) when they require urgent execution;
d) When materials are products, precision instruments and machines, whose execution cannot be entrusted to artists or experts, than when the manufacture of materials is done exclusively by the owner of a patent or when sale is done through a single organization;
e) When the materials are taken from own production of enterprises of the State, County or district.
f) when the good of the public corporation would be jeopardized by the delay caused by keeping a tender;
g) When in the course of execution of supply is established that supplements are needed which were not provided for and only if they do not exceed 30% of the total amount of the first tendering procedure;
h) When the work, materials and services worth up to 50 million lei as material, work or service, their fractionarea being prohibited;
I) When payment is made by putting certain materials;
j) whenever the competent authority which approved the work, material or service, shall determine, on the basis of a preliminary examination, that is more advantageous for Directing to contract by good învoiala.
Article 46 in all other cases, works, materials and services will be contracted through public auction or restricted.
Article 47 competent bodies will be able to decide that the auction should be restricted to certain enterprises when the work, materials or services are urgent and could not wait for the fulfilment of a public invitation to tender forms.
Article 48 will announce Auctions through the Official Gazette and two main newspapers at least 30 days before the date fixed for the auction. In urgent cases this time limit may be reduced to 10 days.
Restricted tenders can you based invitations.
Article 49 will you Auctions-based plans, currency, measurements or specifications and bid documents, including all generally works, materials and services and any advantages granted.
Auctions can you and lots, in which case bidders can provide execution of one or more lots or even works, materials and services in full.
Article 50 Directed can treat works, materials and services by good învoiala or auction-based project contest.
Article 51 Auctions are held by the Comisiunile tender, instituted by the Director-general.
Comisiunile tender shall consist of at least three officials of the Régie.
The highest in rank presides over comisiunea.
Competitors at the auctions are obliged to submit a provisional guarantee 5% of the value of the offer in cash, State effects or effects the State guaranteed, at face value, except for cases when the text will include the publication of a tender guarantee.
This warranty, provided the tenderer remaining Overhead, awarded does not make definitive guarantee or not signing the contract within the time limits fixed in the rigid conditions of tender.
They will not receive the auction enterprises deleted from the list of State enterprises or public corporation.
Article 52 at the date fixed for the auctions, comisiunea will receive and open bids, will verify the guarantees, will target offers and their annexes, the concluding report, signed by comisiune and bidders present.
Article 53 the auction Result is presented with the report written by the man who drew up the contract documents, the relevant body, that award to the highest bidder on the most economically advantageous tender.
If for any reason it is deprived of the invitation to tender for the fulfilment of any conditions relating to the award of the tender, bidders may be made ahead, according to their classification.
Article 54 shall cancel Auctions: a) If it has been established that there is an agreement between competitors damaging Overhead;
b) when it has been made or has been held without complying with legal forms;
c) when prices offered are appreciated as neavantajoase; the referrer is still liable for damage Overhead;
d) When unforeseen circumstances cause the accessories you no longer required in whole or in part.
Article 55 the successful tenderer shall submit a guarantee of execution of 10 per cent of the contract value in cash, effects or effects the State guaranteed in nominal value.
The guarantee may be replaced by teaching materials of equal value or by offsetting amounts to the successful tenderer has received from the Director.
The Steering Committee will be able to receive as collateral and letters of guarantee issued by banks designated by the Ministry of finance.
This warranty remains in case of dispute the public corporation wholly or partially on the part of the contractor's contractual obligations.
For supplies, contracts concluded for at least 6 months, with the purpose of assimilating material in batches of no more than two months, the competent authority will be able to approve on a case by case basis as the definitive guarantee of 10 per cent to be filed only at the value predarilor on two months.
Article 56 bids at auction link on the bidders for 10 days from the date fixed for the auction, unless otherwise specified in the text of publicaţiunii.
Article 57 Receiving, materials and services, to make the reception comisiuni composed of three members appointed by the competent authority to approve.
Reception abroad may be made by a public institution or on the basis of analyses carried out in laboratories approved by the Director.
Article 58 In no contracts will stipulate an obligation on the part of the Administration to grant advances.
Shall be exempt: 1. The advances which it grants undertakings on the basis of collateral.
They will not be able to exceed 30 per cent of the contract value.
Obligation to pay advances will be included in the specifications.
2. advances granted to public institutiunilor.
These advances are exempt from safeguards.
3. The provision constituted at the Bank are responsible for the payment of annuities public debt.
Advances shall be granted to private enterprises according to point 1 of this article, shall be secured in one of the following ways: (a) actual data) guarantees or undertakings by third parties;
b) letters of bank guarantees given by banks designated by the Ministry of finance;
c) effects State guaranteed counted at face value.
Advances received are guaranteed preferential treatment over the entire fortunes and mortgage legal.
Legal mortgage it will Enlist at the request of the general contractor and real estate will gain rank from the date of entry in the registers of its respective advertising.
Article 59 on the basis of the work carried out under contract and for services and materials delivered to the provisional findings by situations verified by the law enforcement agencies, suppliers may be granted.
Advances and advances for respiration cannot go over 5/6 of the value of the work, the materials and services.
Every account will stop a proportional part of the advance so as to ensure the full enforcement of the contract the advance to be paid back in full.
Article 60 the materials, tools and machinery, which as a result of wear and tear, or degradation of, through ramanere as a result of technical progress towards no longer can use economic efficiency can be downgraded by the Director general on the basis of essays some comisiuni composed of three members appointed by the Director of the services concerned.
Article 61 retail products, leasing has halved, leases and lease also lease not exceeding the term of one year, shall be made following the same rules as for procurarile of materials and works and services, except in cases when such operations are fixed prices or rates.
Includes lease, leases and leasing has halved over the period of one year, shall be made only through a public tender.
Chapter 6 Control Manuitorii Article 62 of Directing public money and materials will be subject to mandatory periodic and unannounced control what will be done by the hierarchical superiors and bosses of inspection and control.
The acts of individuals and trained law enforcement officials referred to above have the strength of the evidence regarding the observations made in them and they will not be able to combat than the false entry or through errors resulting from dealing with records and evidence of the operations.
Article 63 besides Directing will operate a permanent comisiune.
This comisiune consists of three members appointed by Royal Decree for a period of three years, namely: a) a member of the High Court of Auditors, as President;
b) a delegate of the Ministry of agriculture and Areas;
c) A chartered accountant appointed by the Ministry of finance.
Comisiunea will be helped by one or more Assistant Secretaries.
Article 64 Checking inventory, accounting operations and care money and materials as well as financial operations, records and documents in question shall execute control of permanent comisiunea.
Article 65 members and Secretaries of the control Commission shall be remunerated in accordance with the legal norms in force.
Article 66 High Court of audit is the supreme organ of control, preventive and management, which they exercise in accordance with its organic law, dispoziţiunile law and the law on public accounting.
For control of the High Court of Auditors Director will submit under art. 24 lit. g, annually by the end of the third, after the closure of the budget year, the totals of the exploitation that it will annex the profit and loss account and the report of the Commission of permanent control.
With the balance sheet of its annexes and shall submit an account of the execution of the budget drawn up in accordance with the provisions of law on public accounting.
Chapter 7 Responsibilities and sanctions Article 67 Overhead Staff is responsible for the strict and correct performance of the service, for any fact or omission whereby the bad will of serious negligence or through or by breaking laws, regulations, instructions or orders received, would bring any damage to Overhead, being indebted to repair these damages.
The heads of the hierarchy and inspection and control, are jointly and severally liable for damage in accordance with what would result from the previous, if any irregularities were not revealed in acts concluded on the occasion of the inspection or control.
If the damage or failure stems from guilt more, all are liable jointly and severally, for damages.
Article 68 on the basis of the findings of the competent bodies, the Director general will give the year, which will be enforceable on a provisional basis and charged a total of appreciating the will or part damage in relation to the fault.
V. deciziunii at the right of appeal to the High Court of Auditors, within 10 working days of receipt.
Chapter 8 final Dispoziţiuni and transitorii Article 69 the Director general will be able to decide, which of the management of the money, values or materials must provide guarantees at the same time dropping the amount of security in respect of each category.
Article 70 all income and Overhead will pursue claims under the tax procedure code.
Article 71 Director takes precedence in obtaining permits for the import of agricultural machinery and tools, and the latter, seeds and reproducatorilor.
For their import will be required always Overhead technical opinion.
Article 72 small Goods listed in article 1. 5. b, paragraph 2, will be organized in technical units; If you will not be able to organize under this form, they will be taken from the overhead of logging service through the Council of Ministers.
Article 73 Instruction given personnel will determine in detail the organisation and rules of operation of Overhead services.
Article 74 EC staff salaries will be seconded from the Ministry of agriculture and the areas and Agricultural rooms will be made by April 1, 1947 by these institutions.
Article 75 all revenue generated and disposed of in the State's patrimony as a result of the application of the law of land reform since 1945, as well as the rent of land which have not been the subject of improprietariri, move on to directing.
Article 76 From goods which are in service, Ministry of agriculture and the national livestock farming Areas and the National Institute of Zootechnics, owned by r. e. a. z. i. m.-s the following goods with all related material breeding stallions: Fatty deposit, jud. Neamt.
The stallions Anadalchioiu and Cave, Constanta County.
The stallions Brebeni, jud. OLT.
The stallions Izvin, Romania. Timis.
The Homorod stallions, jud. Tarnava M.
The stallions Tish, jud. Braila.
The Lucina stallions, jud. Radauti.
Fab farm, jud. FAB.
Article 77 the revenues accruing from the face through the overhead provided for in budgets of Agricultural Chambers or any public institution, shall be entered in the budget of the public corporation.
Article 78 On publication of the present law shall repeal Law of 22 April 1940 for textile plants and Service Organization Act No. 2 of 3 January 1945, for the Organization of the Commissariat of German ethnic group Property Administration. The entire heritage of these institutions, as well as all income created by special laws, until the date of publication of the present law, pass on the Overhead.
Article 79 All dispoziţiunile laws and regulations are opposites and remain repealed.