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Law (1952:167) Of Common Forests In Northern Sweden And Dalarna

Original Language Title: Lag (1952:167) om allmänningsskogar i Norrland och Dalarna

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General provisions



section 1 Of the common forest is understood in the law area devoted to

saving forest at big shift in Dalarna County and Gävleborg County, or

to common at the erosion in Västerbotten and norrbotten County.

Law (1996:947).



section 2 of the Common forest belongs to the owners of the property for which the forest

at large parcel or the erosion been deposed or with whom, according to

What in real estate training determined, entails the right to participation in

forest.



The owners of said property to benefit from participation in the forest, where no

special case otherwise determined, after reduced or jordtal

Homestead number or, in the case of premises for which the right to

participation determined by real estate training, after the paying corporation

the Foundation.



This law brings no disorder in the right to forest as

particular Ordinance apply patches. Act (1971:1057).



section 3 Is the right to participation in the common forest associated with the property that

innehaves with constant or hereditary tenure or as

living place, mode and holder said tillgodonjuta in matters relating to

common forest exercise voting rights for the property.



4 § co-owner may not on another transfer their right to participation in

common forest otherwise than jointly with the property that is right

is United. Transfer that occurs in the battle against either ogill.



Notwithstanding prescribed now feel part owner, where he owns the right to

dividends from common Woods, on the other hand over that right. Such

the transfer does not apply to the new owner or owners of the property, however,

to which transfer is made through contract under which access rights

granted to the property, the transfer shall, unless otherwise agreed,

apply as long as the right owns stocks. Transfer here means

causes no power to exercise shareholder additional voting rights in matters

concerning the common forest.



section 5 of the common forest be preserved undiminished where not below

different provisions. Common forest may not be burdened with the mortgage or

registration of rights nor be taken into the test for the other claim than

such for which åtnjutes preferential rights pursuant to section 6 of the 1 förmånsrätts law

(1970:979) payable out of the Woods. Law (1970:1017).



section 6 of the partners the right to common forest shall, where there is no law for

special case different are laid down, available to be used for partners or

common day count according to what is said in this Act.



Some owners either not required to contribute from their own resources to meet

expenditure of the common forest.



7 § 1 mom. Common forest together with what from the forest härflyter,

managed by a Board of Directors elected by the shareholders in accordance with the common regulations,

as for every common forest solid spot in the order below is said. In

regulations may be made, to income härflyter from the forest

or fund constituted by such income shall be administered by the special of

the shareholders elected Finance Committee or by authority. In the regulations may also

be determined, to one or more members of the common Board of directors or

economy Board school designated by the provincial government.



Common Board members exercise decision-making powers in all matters

the decision-making power is not reserved by law or by regulations

some owners, Finance Board or authority. In cases where the decision-making power

apply the co-owners exercised it on the common meeting.



section 7 subsection 2. The County Board may provide specific rules on

the management of such funds which have been established by revenue from

saving the forests within the parish With or from Lima or Transtrands

Parish savings forest. Before such provisions shall be notified

the shareholders be heard. Law (1990:91).



On the relief of the right to participation in the common forest



7 a § Is eligible for participation in the common forest associated with

property that is not taxable such as agricultural unit, Mon

the County Administrative Board, on the production of the common Board of Directors and the

After hearing of the property's owner or in paragraph 3 of the omförmäld

holders of the property, order that the right of participation

shall be relieved for a consideration in money.



The amount fixed Center of County Government and may, after

What is reasonable, be fixed at no more than two and a half

times the total value of the part of the common forest

retained returns for the last 10 years, corresponding to

the property's participation numbers. The provincial Government shall submit certain

Today, when the last of the Saints is resolved shall have been paid and proof

thereupon submitted to the County Board at the penalty to the mandate

If the relief otherwise is overdue.



When the order for relief was pronounced and evidence

referred to in the second subparagraph have entered into the County, shall

the provincial government immediately take the necessary steps to a

note of resignation shall be entered in the

real estate register public component.



Provisions as to who shall enter data in the

real estate register public component, see Chapter 19. section 6 of the

real estate formation Act (1970:988). Act (2005:1210).



If the disposal and acquisition of land



section 8 Of the common forest related area may be disposed of by

sale or otherwise, of considerable benefit for shareholders

in doing so, and not disposal vinnes countries forest management on the

common forest to but or otherwise exceptional circumstances

be available for sale. The right to decide on such disposal

shareholders will be added. Act (2000:231).



9 § If shareholders want to acquire land for the common forest

expansion or for other common urgent purposes,

they may decide thereupon. Decision-making power in such regard

also will be added to the common Board of Directors, if regulations consents

the. Act (2000:231).



10 repealed by Act (2000:231).



11 repealed by Act (2000:231).



section 12 is repealed by Act (2000:231).



13 repealed by Act (2000:231).



14 § 1 mom. repealed by Act (2000:231).



section 14 subsection 2. repealed by Act (2000:231).



14 § 3 subsection. repealed by Act (2000:231).



15 repealed by Act (2000:231).



16 repealed by Act (2000:231).



About returns and other income of the common forest



section 17 Of the common forest revenue is counted in this law all the income

in kind or in money that is obtained through the provision of

some owners ' right to the forest, to the extent that such provision shall be

for joint account, with the exception of property income härflyter

from the forest.



To property income of common forest attributed in this law means

received through the sale of land from the forest, compensation for land

by expropriation, redemption pursuant to the Act on the right in some cases for

arising to redeem under rights of upplåtet area

or other similar procedure happens from the forest as well as compensation for

use or easement that by such a procedure is primarily on the

forest and such compensation for damage or intrusion by etc

procedure determined to take the money all at once.



18 § Retained return may according to detailed rules in the regulations

be used or invested for the payment of utskylder for the real estate

with the right to participation in the forest is linked, for the promotion of

Agriculture in the parishes or parts of parishes for the

landowner forest has been set aside or for any other purpose that is for the benefit

for shareholders or for the population of the said parishes or parish parts;

However, may return from Moscow and Svartnäs parishes ' saving forests,

Envikens parish savings forest, Dorothea upper allmnänningsskog,

Vilhelmina upper common forest, Sorsele upper common forest, Tern and

Stensele common forest or common forest specifically devoted to

settlers used or invested for the purposes as last mentioned, only

where it is in the interests of the shareholders of the forest.



19 § right to decide on the use of retained returns will be added

some owners.



Will shareholders use funded returns for purpose other than that,

for which funding has taken place, either decision thereupon non valid, with

less it been advised by voting for a total amount of delaktighets,

constituting at least two thirds of the common forest around the

participation rates, and approved by the provincial government.



section 20 of Part owners ' decision-making powers under section 19 may, except in the event that

referred to in the second paragraph, by the regulations in whole or in part to uppdragas

common Board.



section 21 Capital income shall be used or invested for

enforcement of basic improvements on the common forest or

for the purchase of land for forest expansion or for other similar

purposes. It is the County Administrative Board in the preparation of

the common Board of Directors announce details relating to this.



On land acquired for capital income are sold, shall

the purchase price shall be deemed to constitute capital income.



In the case of interest on capital income and revenue from land

referred to in the second subparagraph, the provisions of §§ 18-20

apply. Act (2000:231).



section 22 members of a common Board or Finance Board

shall be resident in this country, unless the County Board for a

special case admits something else. Members must not be

minor or trustee under section 11. 7 §

the parental.



If the person has appointed a member of a common Board of directors or

in an economy Committee so decides, the honourable Member may be distinguished from its

mission before the time of the Mission has expired.



If a Board or Board Member who is elected by the shareholders

departing before the time of the contract has expired and there is no

any substitute, the common Board immediately ensure that

a new Member is elected for the time remaining. About the Board

or board a quorum anyway and if it is not contrary to

the provisions of the regulations, should the elections be postponed until the next

ordinary common meeting. If the member designated by the

the County Administrative Board, the common Board instead immediately make

notification there, so that a new Member may be appointed. Law (2002:371).



section 23 of the common Board of Directors, Finance Committee or authority which manages


the co-owners of property mode in the case of the property under

its management to himself or by proxy not less vis-à-vis third

to act on behalf of the members than even before courts and other

authorities represent the shareholders.



To the Board, the Board or authority ones to shareholders, utlyse

the Board of Directors common sue for election agents to the dispute bringing

some owners ' action. Writ shall be deemed to be served when it become

preferred on the meeting. Law (1970:437).



section 24 of Member of the Board of directors or Board of common economy mode not participate in

the treatment of the question concerning the agreement between him and the shareholders. Not

either let him take part in the reading of the question regarding agreements between

shareholders and third parties, where he owns a substantial interest in the matter

that might be combatants against members. What thus prescribed mode

apply mutatis mutandis with regard to the trial or other proceedings against the

the Member or any third party.



25 § Board or Board members who by exceeding them

additional power or otherwise willfully or by negligence

encourage joint owners damage damage the answer of one for all and all for one.

The foregoing shall also apply, where the Board of directors or Board members

introduce third party injury by violation of this law, the regulations

or any other regulation, as the authority under this Act announced or

established.



section 26 of the Common Board of Directors and Finance Committee's management and accounts

the school reviewed by two or more auditors, who are appointed by the shareholders

or otherwise in the regulations specified ways.



Not may be certified, as are executives of shareholders or

during the sistförflutna year he accounting or financial management

for them, or that a child or dependent intager to

Member of the Board of directors or the Board or the common economy to

executives with shareholders, to whom assigned to provide

accounting or financial management, or control over, not

either Board or Board member or such Executive's spouse

or, as with him is in the correct up-or lineal kinship

or affinity or are his siblings or with him is in the affinity,

that one is married to the other's siblings.



The time for which the auditor is appointed may not start before the next regular

the common meeting.



Auditor may, nonetheless, that the time for which he had been appointed not gone to

right, separated from the mission by decision of the person or persons, who appointed

him.



Departing of the shareholders elected auditor before the time for which he has been elected

gone for ever and offered no substitute, the common Board of Directors

to promptly arrange for the election of new auditor.



27 § it is incumbent upon the common Board of Directors and Finance Committee regarding

property of the Board of directors or Board managed to annually in time,

as noted in the regulations, to the appropriate Auditors deliver one of

the Board of directors or members of the Board signed annual reports

for the past fiscal year and accounting of revenue

and expenditure.



section 28 of the Common Board of Directors and Finance Council school prepare the accountant opportunity

at any time to count the cash and other assets that

under the Board's or Board's management and review all of the

management-related books, accounts and other documents. By

Auditor requested information regarding management may not by the Board of Directors

or Board refused.



At the completion of their mission have Auditors to ask to

compliance with the specific requirements of the partners are notified and not

relate to the curtailment of their powers laid down by law or otherwise in conflict

against regulatory action or against the regulations.



It is the responsibility of the Auditors or, where according to the regulations of specific groups

Auditors appointed, each such group that for each fiscal year within the time

as determined in the regulations and give to the common Board of Directors

submit one of the Auditors or group signed story over

the review.



section 29 Hava Auditors in their report or other document which is set out

on the common meeting in bad faith given incorrect indication or

willfully failed to make note to this task in action

which of them reviewed, or are they in the performance of its duties,

demonstrated negligence, either those who allowed such access to cargo

some owners responsible for any resulting damage arising, one for all, and

all for one.



section 30 of the regulations must be determined that some owners ' decision-making powers on

common meeting of shareholders shall be exercised by the District Attorney, appointed on

shareholder meetings for specific districts.



section 31 of the shareholder meeting mode everyone owner or in paragraph 3 of the omförmäld holder of

property within the district, with the right to participation in

common forest is associated, voting rights after the Foundation of the said

participation, where not otherwise provided for in this section below.



For minor shareholder voting trustee who has the appropriate property

During his administration, or, where several such guardians exist, the

they appoint. For co-ownership, company or other community

may not more than one person to exercise the right to vote.



Absent shareholder voting right may be exercised on the meeting by proxy. Not Mon

However, some because of proxy voting for more than one partner.



Not feeling any of the shareholder meeting for own or third parties to exercise the right to vote

For more than a tenth of the entire participation numbers that are represented on the

meeting or the smaller portion (s) thereof, as may be specified in the regulations.



32 § What in section 31 of the Ordinance concerning the shareholder general meeting shall be the equivalent

application in respect of the common meeting, varå the decision-making power is exercised

immediately by the shareholders.



section 33 of the common meeting, where the decision-making power is exercised through

the District Attorney, mode such agents to exercise voting rights for the participation numbers

as regards the common forest in all shareholders will be added in the

District for which the agent has been appointed. Priority on meeting district of

several agents, mode these vote for equal share of said speech. Single

partner either, however, obetaget to, in person or by proxy, of the general meeting

exercise the right to vote for him additional participation numbers, which in this case

deducted from the relevant District delegate votes.



34 § Not feel any himself or by proxy, or as agent for the other, on the

common meeting of shareholders participate in the treatment of the question concerning the agreement between the

him and the shareholders. Nor let him participate in the treatment of the question

regarding the agreement between them and third parties, where he in question possesses a

material interest which can be warring against members. What thus

prescribed mode apply mutatis mutandis with regard to the trial or other

proceedings against him or third parties.



Member of the Board of directors or Board of common economy may not participate in decision

concerning discharge in respect of the administrative act, for which he is responsible,

or in the election of Auditor.



35 § Annual common meeting of shareholders shall be held at least once a year on

time, which is determined in the regulations.



On such a meeting of the Board of Directors and Finance Committee the common school

annual reports for the past fiscal year as well as taking

accompanying financial statements as well as the stories, expressed by

the Auditors for the same year, is presented, and school, on meeting the issues of

granting discharge to the Board of Directors and the Board of the time

annual reports include undertaken to crucial. Have in

the regulations determined, to more than an annual ordinary general meeting of shareholders shall be held,

shall be laid down in the regulations and on which of these meetings has just

specified issues school are treated.



With such a question should be postponed to the continued meeting on the given day, at least

four and eight weeks afterwards, if notice required by voters for a

a total of delaktighets amounts of at least one-tenth of

common forest all participation numbers. In addition to the said period as a result of the suspension

not permitted.



Election of members of the Board of directors or Board of common economic and

Auditors may be undertaken only on the ordinary general meeting of shareholders, subject to special election

by the last paragraph of section 22 and section 26 of the fifth subparagraph, prescribes may take place on the

extra general meeting. Law (1954:137).



36 § Common board mode, when it sees fit, call additional

the common meeting.



The Auditors may, if their review gives rise thereto, in writing,

an indication of the reason for this demand, the Board shall hold extraordinary general meeting

to be held at the earliest in compliance with the prescribed notice can

take place. HAVA equal regulations specific groups auditors appointed, mode

each group the same rights. Responding to the Board not within one week such

påfordran, mode or group concerned the Auditors call sue. Advise

no agreement on the terms of the offer, be sued, which most

unite, or in the event of a tie, their meaning as deem extra general meeting

should be kept.



Extraordinary meetings shall also be convened by the Board of Directors for retired purposes

written notice required by Finance Committee, authority in 7 § 1 mom. first

the paragraph referred to or partner with total amount delaktighets,

of at least one-tenth of the common forest all participation numbers

or the lesser part thereof as may be specified in the regulations.



The County Administrative Board and, where they exist, mode needful, may ask the common Board of Directors

to hold extra meeting. Complies with the common Board not within a

week such a request, the County Government may itself call sue.



37 section Fails the common Board in the prescribed order call

ordinary general meeting of shareholders, the Board has the common or not within two weeks

After påfordran as in paragraph 36 stated announced extra general meeting to

be held at the earliest in compliance with the prescribed notice period may take place,

has the provincial government to, on notification of economy Board, authority in 7 § 1

mom. for the purposes of the first paragraph or part owner, immediately call sue.



The foregoing shall apply mutatis mutandis, if shareholder general meeting not

positions advertised in the prescribed order.



If regulations



38 § regulations for common forest, in addition to the maximum extent permitted by

the provisions here above, specified:




the place where the common Board of Directors shall have its registered office;



how the Board of Directors and, where applicable, economic Board school

being assembled, the period for which they shall be appointed, and the grounds for their

quorum and voting;



the number of Auditors and for what time the school appointed;



the time for clearance;



the location of the holding of regular common meeting;



the manner in which notice of the common meeting of shareholders shall take place and the time

before the meeting, then the statutory notice action last school to be taken;

as well as



in the case of the common meeting of shareholders may be undertaken case not specified in

the notice of the meeting.



Must, in accordance with the regulations of members decision-making rights on the common meeting

be exercised by the District Attorney, the regulations also contain

rules about the order in which these school appointed.



39 § shareholders shall draw up proposals for regulations. The proposal shall

be submitted to the provincial government for examination and approval. The County Government

shall consider whether the proposal is lawful and appropriate. The County Board may

make the changes to the proposal as needed. Law (1990:91).



section 40 of the State Provincial Office may allow a prescribed regulations changed.

Request for amendment of the regulations may be made by the shareholders or the

a minority of them, as determined in the regulations. If a request has

made by a minority, the shareholders have the opportunity to be heard before

the case is decided.



The Administrative Board shall, after having let shareholders comment, change a

regulations, even without any request has been made. Law (1990:91).



If an action against the common Board of Directors, Finance Committee and Auditors



41 § Varder action on common financial management board or Committee

for the duration of the annual report does not cover employee within six

months from the date the story was presented on the common meeting of shareholders, be so

considered that the discharge has become the Board or Board approved.



Notwithstanding thereof, that the discharge is granted, whether such actions on the

management, which is based thereon to the Board or Board member committed

Criminal Act, could be employed against him, where there is no discharge

clearly intended the Act.



42 § proceedings against the auditor under section 29 may not be appointed for two years

After the Auditors ' report was presented on

common tune, but so is the action based thereon, to criminal

the Act has been committed.



If the competent authority



43 § shareholders of common forest school in the objectives, for which no different

prescribed by law, be governed by the General Court in the place in places

the common Board of directors or, where the case concerns property managed by

Finance Committee or authority, this has its registered office.



section 44 Is the common forest situated in two or more County School

the information under this Act or the regulations apply

the County Board with regard to such forest handhavas of the County Administrative Board of

the county where the common Board of Directors has its seat. Act (2005:1167).



45 repealed by Act (1975:679).



On appeal



46 § 1 mom. Says co-owner to decisions taken on the delägar-or

common voice non the result properly or otherwise battles

against regulatory action or against the regulations, let him in

the provincial government to bring an action against the decision by appeal, which, together with the decision

school have received within one month of the day. Neglected it,

either the right to appeal is lost. Though the action was against the decision, the

the go in enforcement, where there is no County Government different orders.



Ruling whereby delägar or common sued decision repealed or

changed meeting likewise for the partner who has not complained.



section 46 subsection 2. An administrative decision by the authorities under this Act, or

According to regulations issued pursuant to the law may be appealed

of General Administrative Court.



Leave to appeal is required in the case of appeal to the administrative court.

Law (1995:14).



Transitional provisions



1952:167



This law shall enter into force on the 1 January 1954; However, feel beforehand

proposal for a regulation in accordance with the provisions of the Act be drawn up and

be determined.



By this law were repealed the law of 17 June 1938 (No. 297) if

common forests in northern Sweden and Dalarna. That law should

still be applicable in case of breaches of the law committed before

on 1 January 1954.



Own under contract, concluded before 1 January 1940, tenant of

Crown belonging to agricultural property or ecklesiastikt living place the right to

tillgodonjuta to the property or stay rather than developing interest in

common forest, either tenant entitled to for the duration of the agreement

terms of exercising the voting rights of the landowner in subsequent issues of the forest.



Where in the law or Constitution contained reference to governing law,

replaced with the provision of the new law, the provision of

rather than applied.



1970:1017



This law shall enter into force on 1 January 1972.



In case of claim, for which pre-emptive rights åtnjutes because of section 5 of

Act (1970:995) concerning the creation of a new land code, and the right to avkomst

or other benefit granted prior to the entry into force of this law the owner of

old rules still applied.



1981:797



This law shall enter into force on 1 January 1982.



What is said about attachment in section 11 in its new wording also applies

restraint on disposal granted prior to the entry into force.



1990:91



This law shall enter into force on 1 July 1990.



In the case of appeal against a decision given before the date of entry into force

applies to older regulations.



Issues, which, according to the provisions of the regulations shall be considered by the

Government, will instead be tried by the County Government.



1995:14



This law shall enter into force on 1 april 1995. Decision given

before the date of entry into force be appealed under older rules.



2000:231



1. This law shall enter into force on 1 July 2000.



2. the provisions of sections 13 and 14 shall, however, still

apply to land that is incorporated into the common forest

by appointment given before the entry into force of the law.