法令番号: 法律第42号
公布年月日: 昭和21年10月21日
法令の形式: 法律

審議経過

I hereby give My Sanction to the Law concerning the partial amendments to the Agricultural Land Adjustment Law for which the concurrence of the Imperial Diet has been obtained and cause the same to be promulgated.
Signed:HIROHITO, Seal of the Emperor
This nineteenth day of the tenth month of the twenty-first year of Showa (October 19, 1946)
Countersigned: Prime Minister　YOSHIDA Shigeru
Minister of Justice　KIMURA Tokutaro
Minister, of Agriculture and Forestry　WADA Hiroo
Minister of Finance　ISHIBASHI Tanzan
Law No.42
A part of the Agricultural Land Adjustment Law shall be amended as follows.
Article 1.　This Law has for its object the adjustment of matters relating to the agricultural land for the purpose of stabilizing the status of cultivators, maintaining, and promoting the agricultural productive power.
Article 4.　The creation or transfer of the ownership, lease;superficies or other right in the agricultural land shall not be made unless the party obtains the permission of the prefectural governor or the approval of the Agricultural Land Commission of a City, Town or Village concerned in accordance with the provisions of an Ordinance.
The permission or admission mentioned in the preceding paragraph may be subject to condition.
The acts done without the permission or the approval mentioned in Paragraph 1 shall not take effect.
Article 4-2 to Article 5 shall be deleted.
In Article 6, items 2 and 3 shall be deleted;item 4 shall become item 2 and those that follow shall advance two items in order, and that Article shall become Article 5.
Article 6.　If the owner, lessee, emphyteuta of the agricultural land or person who can cultivate the land on the ground of other title wants to use such agricultural land for purposes other than cultivation, he shall obtain the permission of the prefectural governor in accordance with the provisions of an Ordinance.
The permission mentioned in the preceding paragraph may be subject to condition.
In Paragraph 1 of Article 7 "of Article 4 Par.1 or Article 6" shall read "prescribed by an Ordinance" , and in Par.2 of the same Article "of Article 4, Par.1 or Article 6" shall read "prescribed in the same paragraph."
Article 7-2 shall be deleted.
In Paragraph 3 of Article 9 the words "terminate or" shall be added immediately before the word "rescind," and the following paragraph shall be added next to the same paragraph:
The acts done without the approval mentioned in the preceding paragraph shall not take effect.
Article 9-8 shall become Article 9-9.
Article 9-8.　In cases where the amount of farm-rent exceeds the amount corresponding to the fixed rate of the price of rice which is normally produced in respect of the paddy-field or of the price of main product which is normally produced in respect of the field, the lessee or emphyteuta of the agricultural land may demand the farm-rent to be reduced down to the amount corresponding to such fixed rate to the lessor or owner of the said agricultural land.
The fixed rate mentioned in the preceding paragraph shall be provided by the Agricultural Land Commission of the metropolis, a district, urban prefecture or rural prefecture in compliance with the basis determined by the Central Agricultural Land Commission, provided that it cannot exceed the rate of 25% in respect of the paddy-field and of 15% in respect of the field.
The matters necessary for the operation of Par.1, except those provided in the preceding paragraph, shall be provided by an Ordinance.
The rules concerning the Central Agricultural Land Commission shall be provided by an Imperial Ordinance.
Article 9-10.　Any contract of lease or emphytheusis, which has cultivation for its object, shall be made in written form, and the amount Of farm-rent, terms of its payment, the term of reduction, duration of lease as emphytheusis, the outlay of repair expense, drainage expense and beneficial expenses, and other content shall be clearly stated in the said writing.
In Article 15, Par.2, Item 1, "other Laws" shall be added next to "this Law."
Article 15-2.　The Agricultural Land Commission of a city, town or village shall consist of a chairman and commissioners.
The chairman shall be elected by co-optation by commissioners;but in cases where the chairman cannot be elected by co-optation by commissioners, the prefectural governor shall appoint the chaiman from among the commissioners who have been elected in accordance with the provisions of Par.8.
The commissioners shall be elected by persons falling under any of the categories mentioned below and having a right to vote from among persons who fall under any of the categories mentioned below and who are eligible to election.
1.　A person who engages in cultivation but does not own any agricultural land or whose cultivating area of agricultural land is more than twice as much as the area of agricultural land owned by him.
2.　An owner of an agricultural land, who does not engage in cultivation of his land or whose land exceeds in area twice as much as his agricultural land cultivated by him.
3.　A person who engages in cultivation and owns agricultural land, but who does not fall within any of the categories mentioned in the preceding two items.
In applying the provisions of the preceding paragraph, an agricultural land owned by a head of the house or family of a person engaging in cultivation who lives in the same house or a head of the house or family of a person engaging in cultivation who does not live in the same house for the reason as specified by Order shall be deemed to be an agricultural land owned by the person engaging in cultivation.
In applying the provisions of Par.3 the head of the house or family of a person who lives in the same house falling within any of the items of the paragraph shall be deemed to be a person falling within the said item of that paragraph.
The prescribed number of commissioners to be elected in accordance with the provisions of Items 1, 2 or 3 of Paragraph 3 shall be respectively five, three or two.
If the prefectural governor deems it necessary, he may increase the number of commissioners to be elected in accordance with the provisions of Par.3 of this Article, but the number increased in respect of Item 1 shall be equal to the total of the number increased in respect of items 2 and 3, and the total number of commissioners to be increased shall not exceed ten.
The prefectural governor may, if he deems it necessary, appoint the commissioners to the extent of three besides the commissioners who are elected in accordance with the provisions of Par.3.
In order to appoint the commissioners mentioned in the preceding paragraph the consent of all the commissioners who have been elected in accordance with the provisions of Para.3 shall be required;provided, however, that this shall not apply to the case where the commissioner to be the chairman is appointed.
A commissioner shall be an honorary post.
Article 15-3.　A person who has his permanent residence within a city, town or village and who engages in cultivation of an agricultural land of an area such as may be specified by Order, or who owns within a city, town or village concerned an agricultural land of an area as may be specified by Order, or the head of the house or family of such a person who lives in the same house shall have a right to vote at and shall be eligible for an election of the commissioner of the Agricultural Land Commission of the city, town or village.
The provisions of Par.4 of the preceding Article shall apply with the necessary modifications to cases mentioned in the preceding paragraph.
Article 15-4.　No person falling under any of the categories mentioned below shall neither possess a vote nor be eligible:
1.　Minors;
2.　Persons judicially declared incompetant;
3.　Any person who has been sentenced to imprisonment with or without hard labour for a term of six or more years.
4.　Any persons who has been sentenced to imprisonment with or without hard labour for a term not exceeding six years, and of whom the execution of the sentence has been neither completed or excused.
The following persons shall not be eligible:
1.　A person judicially declared quasi-imcompetent;
2.　A bankrupt who is not yet rehabilitated.
In the proviso of Par.3 of Art.15-6 the words "voting for minors or persons judicially declared imcompetent shall be effected by their legal representatives" and Paragraph 4 of that Article shall be deleted.
In Article 15-9, Par.1 the words "one year" shall read "two years" , the proviso of that paragraph shall be deleted and the following three paragraphs shall be added to that paragraph.
A person who has the right to vote falling under any of the categories mentioned in the items of Par.3 of Article 15-2 may, with the consent of majority of persons having the right to vote and falling under such category, demand the mayor, headman of town or village the reelection of all commissioners who have been elected in accordance with the provisions of that paragraph from among persons falling under snch category.
Under the special circumstances the prefectural governor may remove a commissioner who has been appointed in accordance with the provisions of Art 15-2, Par.8.
The provisions of Paragraph 9 of Art.15-2 shall apply with the necessary modifications to cases mentioned in the preceding paragraph.
In Article 15-10 the words "or to fall under any of the categories mentioned in Par.5 of Article 15-2" shall be deleted.
In Article 16-11 the following two paragraphs shall be added:
The meeting of the Agricultural Land Commission of a city, town or village shall be open to the public.
The chairman shall make up the minutes and put it on view.
In Article 15-13, Par.2, Item 1, the words "other Laws" shall be added next to the words "this Law" .
Article 15-14.Par.3 shall be amended as follows:
Commissioners shall be appointed from among the following persons:
1.　Ten persons　who have been co-optioned by the commissioners who were elected in accordance with the provisions of Art.15-2 Par.3 in respect of person falling under the category mentioned in Item 1 of that paragraph;
2.　Six persons　who have been co-optioned by the commissioners who were elected in accordance with the provisions of Art.15-2, Par.3 in respect of persons falling under the category mentioned in Item 2 of that paragraph.
3.　Four persons　who have been co-optioned by the commissioners elected in accordance with the provisions of Art.15-2 Par.3 in respect of persons falling under the category mentioned in Item 3 of that paragraph.
4.　Five to ten persons　appointed by the Minister in charge from among persons who are distinguished for scholarship or actual experience.
Article 15-15.　The provisions of Art.15-2, Par.10, Arts.15-6 to 15-8 inclusive, Art.15-9, Pars.1 to 3 inclusive, Pars.3, 5 and 6, and Arts.15-10 to 15-12 inclusive shall apply with the necessary modifications to the Agricultural Land Commission of the Metropolis, District Urban Frefecture or Rural Prefecture;Provided, however, that the mayor or headman of town or villag referred to in Article 15-9, Par.2 shall mean the prefectural governor referred to in Par.3 of the same Article shall mean the Minister in charge;and Article 15-2, Par.8 shall mean Item 4 of Par.3 of Article 15-14.
In Article 15-16, the word "commissioner" shall read "commissioner or person engaging in the affairs of the Commission" .
In Item 1 of Art.16 for the words "by the association mentioned in Article 4, par.1, made under the projects provided for in the said Article 3 or Art.4, Par.1" shall read "Article 7" and in Items 2 and 3, "mentioned in Article 4, Para.1 and Article 6" shall read "mentioned in Article 7" .
Article 17-2.　In respect of the Agricultural Land Commission of a city, town or village to be established in a city, town or village in which the number of persons eligible with regard to any of the Items mentioned in Par.3 of Article 15-2 is less than the prescribed number mentioned in Par.6 of the said Article, an exception may be provided by an Imperial Ordinance,
In a city, town or village under special circumstances, an Agricultural Land Commission of a city, town or village may not be established in accordance with the provisions of an Imperial Ordinance. In this case the agricultural land commission in the adjacent city, town or village designated by the prefectural governor shall take charge of matters which fall under this Law within the scope of the power of the city, town or village agricultural land commission.
The prefectural govenor may in accordance with the provisions of Order, divide the limits of a city, town or village into two or more divisions and form the Agricultural Land Commission of a Divisoin in respect of each division in place of the Agricultural Land Commission of a city, town or village.
The provisions concerning the Agricultural Land Commissions of a city, town or village, except the provisions of Par.2, shall apply to the Agricultural Land Commissions of a Division mentioned in the preceding paragraph.
In Article 17-3, Par.1 the words "in localities where there is a town and village union which manages all the affairs of towns and villages or the affairs of towns and villages offices, to the town and village union or the managing officers of the said town and village union" shall be added next to the words "the provisions relating to towns and villages or a town headman and village headman shall apply" and the Paragraph 2 of the same Article shall be deleted.
In Article 17-4, the words "Article 4" shall be added before the words "Article 6-2, Par.1" and the words "Article 9-8" shall read Article 9-9."
In Article 17-5, Item 2 shall be Item 3 and Item 1 be Item 2, and the following Item shall be added to the same Article as Item 1:
1.　Any person who contravenes the provisions of Article 6.
In Article 17-6, for the words "Item 1 or 2 of the preceding Article" shall read "Items 1, 2 or 3 of the preceding Article" .
Supplementary Provisions:
The date of the enforcement of this Law shall be determined by an Imperial Ordinance.
The amended provisions of Article 4 shall apply also to the contract in respect of an agricultural land made in accordance with the provisions of the former Article 6, Item 3, without the approval mentioned in the former Article 5, even if the creation or transfer of the right in the said contract or the delivery of the said agricultural land has not been completed.
From the date of enforcement of this Law to the time fixed by an Imperial Ordinance "the approval of the Agricultural Land Commission of a city, town or village" referred to in Art.9, Par.3, shall read "the permission of the prefectural governor" and "the approval" referred to in the amended provisions of Article 4 shall read "the permission."
A part of the Registration Tax Law shall be amended as follows:
In Item 8-2 of Article 19 the words "Articles 4 and 6" shall read "Article 7" ;in Item 9 of the same Article "Article 6" shall read "Article 7" , and the words "or Article 4" and "Article 4" shall be deleted, in Item 9-2 of the same Article "the association mentioned in Article 4 for the project mentioned in Article 3 or 4 of the same Law" shall read "for the project mentioned in Article 7" ;in Items 9-3 and 12 of the same Article "Article 4 and 6" shall read "Article 7."