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Law No. 6 Of 10 July 1970 Concerning The Organization And Functioning Of Cooperative Consumer

Original Language Title:  LEGE nr. 6 din 10 iulie 1970 cu privire la organizarea şi funcţionarea cooperaţiei de consum

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LEGE no. 6 6 of 10 July 1970 on the organisation and functioning of the consumer cooperation
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL MONITOR no. 80 80 of 10 July 1970



+ Chapter 1 + Article 1 The consumer cooperatives are economic social organizations of an economic nature, constituted territorially through the association, on their own initiative, of the inhabitants in order to satisfy some material and cultural needs, through common means and actions. Through their activity, consumer cooperatives contribute to the continuous expansion and improvement of the country's technical-material base, to the forging of the multilateral socialist society developed in R.S.R. + Article 2 Consumer cooperatives carry out economic activities aimed at facilitating the exchange of goods between the village and the city, the production of consumer goods and the satisfaction of some requests for services for the population, being able to organize: a) contracting, procurement and valorisation of agricultural products and other goods for the supply of the population, of the industry with raw materials and for export; b) undoing of goods and food activities; c) provision of services; d) production of consumer goods, especially through the exploitation of local resources of materials and materials, in order to complete the commodity fund, as well as the production of bread and other bakery products. + Article 3 The consumer cooperation is within the system of the socialist economy, and its activity is carried out in accordance with the legal norms for the planning and management of the national economy, being taken into account in the elaboration of the state plan. The activity of consumer cooperative organizations is carried out on the basis of programs approved by their statutory bodies, correlated with plans for the continuous development of the national economy. + Article 4 The organizations of consumer cooperation initiate and carry out cultural-educational and recreational activities among their members, collaborating for this purpose and with other public organizations. + Chapter 2 + Article 5 Consumer cooperatives are established, organized and carried out, reorganized and dissolving according to the law and status approved by the Congress of Consumer Cooperation. Consumer cooperatives are led by the general assembly and collective bodies chosen according to the statutory provisions. + Article 6 Consumer cooperatives can associate in territorial unions of cooperatives, and unions of cooperatives can associate in central union. The unions of consumer cooperatives guide, control and coordinate the entire activity of the associated organizations, according to the statutory provisions. The consumer cooperatives can be represented by the unions they are associated with and by the central union in front of the bodies of the state power and administration, the judicial and arbitral bodies, the prosecution bodies, as well as in front of the organizations obstesti. + Article 7 The territorial unions of consumer cooperatives and their central Union are established, organized, carried out, reorganized and dissolving according to the law and their status, approved by the Congress of Consumer Cooperation. The territorial unions of the cooperatives are led by the conference of the delegates of the associated cooperatives, and the Central Union by the Congress of Consumer Cooperation. Unions have collective governing bodies chosen according to statutory provisions. + Article 8 The consumer cooperatives and their territorial unions bring down legal personality following the recognition of the legality of their formation by the superior cooperative organization, by registration according to the law. The central union of consumer cooperatives shall bring down legal personality under this law by approving the statute by the Congress of Consumer Cooperation. + Article 9 In order to carry out the economic activities provided for in 2 of this law, the central union, territorial unions of cooperatives and cooperatives can set up businesses. The central union can also set up economic units with central status. The conditions of establishment, organization, operation, reorganization and dissolution of enterprises of consumer cooperation, including economic units with central status, shall be established according to the law by the Central Union of consumer cooperatives. Their recognition is made as necessary by the body of the territorial union or the central Union, according to the law and the statutory provisions; they bring down legal personality by registration, according to the law. + Article 10 The central union of consumer cooperatives may issue binding rules for all consumer cooperation organisations on: a) economic activity planning; b) establishment and use of own funds; c) planning, financing and execution of investments, elaboration and approval of technical documentation, including those on capital repairs; d) organization of the management of the whole e) retribution of work, material co-interest and strengthening of the discipline of employees ' work; f) organization of dispute resolution between organizations and enterprises of consumer cooperation; g) exercise of powers in terms of pricing and tariffs according to the law; h) the granting of loans between the cooperative organizations from their own funds; i) the conditions for the management of the management of the assets; j) other economic and financial activities. + Article 11 The consumer cooperative organizations and enterprises shall keep their funds available in open accounts with the state banking units performing their settlement operations. + Article 12 Consumer cooperation organizations are obliged to pay taxes and fees to the state for the activity they carry out, under the legal provisions in force. + Article 13 Deviations from the mandatory internal rules of financial discipline and labor discipline issued according to art. 10, enjoyed by the employees of the organizations and enterprises of consumer cooperation, shall be found by the management bodies and their guidance and control, and the amounts from the application of the money sanctions shall be paid to funds of those organisations, according to statutory provisions. The provisions governing deviations from the rules of financial discipline and labor discipline, established as such by laws, decrees and decisions of the Council of Ministers, are mandatory for organizations and enterprises of cooperation consumption, and the money sanctions applied in the case of these deviations spill to the state budget. + Article 14 The Ministry of Finance and the state banks exercise control over the organizations and enterprises of consumer cooperation regarding the fulfillment of financial obligations to the state, the use of funds received from the state, as well as compliance financial discipline. + Article 15 The amounts due by organizations and enterprises of consumer cooperation, including social parts, to members and employees, which are prescribed according to the law, shall be paid to the funds of the respective organizations, according to the statutory provisions. + Article 16 Contracts of any kind, concluded by organizations and enterprises of consumer cooperation with individuals, are enforceable securities, which are carried out under the legal provisions on the pursuit of claims of socialist organizations against individuals. Organizations and enterprises of consumer cooperation can follow and execute their money receivables through their own executors. + Article 17 The central union of consumer cooperatives represents the organization in its system in relations with cooperative organizations in other countries, as well as in the relations of cooperative organizations of an international nature. + Chapter 3 + Article 18 Movable and immovable property, fixed assets, property of the consumer cooperative organization, cannot be transmitted into the property or put into use only with payment and in the cases and conditions provided by law and statute. The assets shown in the preceding paragraph cannot be pursued by the creditors of the cooperative organization nor by the personal creditors of the cooperating members. Except for the interest of the state through the prescription of purchase or possession of good faith, immovable property, fixed assets, property of the consumer cooperative organization, cannot be acquired by third parties by prescription, and the goods mobile, the fixed assets of the same organizations cannot be endowed by third parties by possession of good faith. The claim of the goods shown in the preceding paragraphs shall be unforeseeable. Provisions of paragraph 3 3 shall also apply accordingly to the circulating means. The circulating means may be transmitted to the property with payment, if they are surplus, according to the regulations established by the Central Union. To the same extent the circulating means can be traced by the creditors of the cooperative organization. The products of the cooperative organizations shall be disposed of with payment; they may be pursued by the creditors of the cooperative organizations. Provisions of paragraph 3 are applicable to them. + Article 19 The creditors of the consumer cooperation organizations can follow the cash availability of the debtor organizations, within the limit of the creditor balance to the investment fund or other special fund in connection with the destination of which the claim was born. Creditors whose right of claim was born in connection with the current activity of the cooperative organizations will be able to follow the products and other goods of its own which are not necessary for the fulfilment of the existing contractual obligations at the beginning of the pursuit, as well as the surplus part of the circulating means. + Article 20 Art. 18 18 para. 5 5 and art. 19 are not applicable to the claims of the state deriving from taxes or duties and claims of the National Bank deriving from state credits, the pursuit of which is made according to special norms + Chapter 4 + Article 21 The property of consumer cooperative organizations is protected by the state. The state supports consumer cooperative organizations in achieving their goals, by: a) supply of goods, raw materials, materials, machinery, installations and means of transport from the central fund and through the authorization of direct procurement, in order to carry out the tasks; b) granting of credits; c) the policy of taxes on the activity of organizations and enterprises of consumer cooperation; d) assignment of land to use from the land fund of the state; e) the transmission in the property and the distribution into temporary use of buildings or parts of buildings from the state fund under the legal provisions; f) specialized technical assistance, at the request of the organizations of consumer cooperation; g) carrying out economic and financial control by state bodies, upon request, for carrying out the control tasks of the consumer cooperation organizations; h) other measures necessary for the smooth running of the activity of consumer cooperation organizations. + Article 22 The state, through its economic, planning, production and construction bodies support the actions of consumer cooperatives for the construction, by their own financial means of consumer cooperation and with the contribution of cooperative members, of some edifices in rural areas. + Article 23 The central union of consumer cooperatives is authorized to carry out through its legal organizations authorized export operations of products resulting from their own activity in order to open them on the foreign market, import operations of some goods and industrial goods necessary to carry out the activity of the consumer cooperative, as well as the exchange of goods with organizations and enterprises from other countries. These operations will be carried out according to the legal regulations regarding the foreign trade activity. + Article 24 The central union of consumer cooperatives is supported by the state in the continuous development of commercial, economic, technical and production collaboration with cooperative organizations in other countries. + Article 25 The organizations of consumer cooperation in the R.S.R. have the right that through the Central Union to affiliate with international cooperative organizations, which are guided in their activity by the desire to contribute to the promotion of peace and understanding between peoples, in accordance with the general rules of affiliation of Romanian organizations. + Chapter 5 Final provisions + Article 26 From the date of entry into force of this Law no longer applicable to the consumer cooperation Decree no. 133 133 of 2 April 1949 for the organization of the cooperation, as amended, the provisions Decree no. 120 120 of 1 April 1959 on the establishment of imputations for damages found by the control and revision bodies of the Ministry of Finance and HCM no. 513 of 24 April 1959 on the regulation of establishing imputations for damages found by the control and revision bodies of the Ministry of Finance, as well as the provisions of HCM no. 46 of 16 January 1959 on certain measures to strengthen banking control in the investment sector, as well as any other provisions contrary to this law. -----------