法令番号: 勅令第556号
公布年月日: 昭和21年11月21日
法令の形式: 勅令
I hereby give My Sanction to the Imperial Ordinance amending a part of the Ordinance concerning the Enforcement of the.Agricultural Land Adjustment Law and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This twentieth day of the eleventh month of the twenty-first year of Showa (November 20, 1946)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Justice KIMURA Tokutaro
Minister of Agriculture and Forestry WADA Hiroo
Imperial Ordinance No. 556
The following amendments shall be made to the Ordinance concerning the Enforcement of the Agricultural Land Adjustment Law:
The following item shall be added to Art. 1:
4. Such associations as composed by cultivators and as designated by a prefectural governor in addition to those mentioned in the preceding each item.
Article 2. Any person who intends to acquire an ownership of an agricultural land, or any right of superficies, emphyteusis, pledge lease or loan for use thereon (excluding the right of loan for use in the case of the person who has the right of lease on other agricultural lands to be cultivated than those sold under the provisions of Art. 16 or Art. 41, par. 1 of the Law concerning Special Measures for Establishing Owner-farmers) or any person who intends to effect hypothecation of an owner-farmer land established or maintained under a project in Article 7 of the Agricultural Land Adjustment Law, shall obtain an approval of a prefectural governor in compliance with the rule established by order.
Any person who intends to acquire any right of lease or loan for use on agricultural lands to be cultivated other than those sold under the provisions of Art. 16 or Art. 41, par. 1 of the Law concerning Special Measures for Establishing Owner-farmers shall obtain an approval of a city, town or village agricultural land committee in compliance with the rules established by order.
An application for the registration of acquisition or creation, as the case may be, of any of the rights mentioned in the preceding two paragraphs shall be submitted together with a copy of the permission in writing of a prefectural governor or a copy of the approval in writing of a city, town or village agricultural land committee.
Article 3 and Article 4 shall be deleted.
Article 5. If any person mentioned in Article 6 of the Agricultural Land Adjustment Law intends to use the agricultural lands for any other object than the cultivation, he shall obtain the permission of a prefectural governor in compliance with the rules by order except the cases which come under any of the following items:
1. Where the state or any prefecture uses agricultural lands for any other object than the cultivation;
2. Where the agricultural lands expropriated or used in compliance with any law or ordinance, such as the Land Expropriation Law, are used for such an object as related to the expropriation or the use;
3. Where the agriculturul lands permitted under the provisions of Art. 2, par. 1, are used for such an object as related to the permission;
4. Where the agricultural lands to be used for any other object than the cultivation are those mentioned in Art. 5, item 4 or 5 of the Law concerning Special Measures for Establishing Owner-farmers;
5. Where the agricultural lands are used for any other object than the cultivation, to promote the utilization of lands in agriculture such as the arable land readjustment, etc.;
6. Where the Minister of Agriculture and Forestry determines for any due object.
Article 6. If a prefectural governor intends to effect the permission under the provision of the proviso of Art. 6-(2), par. 1 of the Agricultural Land Adjustment Law, he shall ask the opinion of a prefectural agricultural land committee.
Article 7 shall be deleted.
Article 8. If a prefectural governor intends to effect the permission under the provisions of Art. 6-(4) of the Agricultural Land Adjustment Law, he shall ask the opinion of a prefectural agricultural land committee.
Article 9 shall be deleted.
Article 10. The business for establishing and maintaining owner-farmers mentioned in Article 7 of the Agricultural Land Adjustment Law shall comprise the selling by the government of such lands as bought under the provisions of Art. 3, 15, 30, 36 or 37 of the Law concerning Special Measures for Establishing Owner-farmers; Government land mentioned in Art. 16, par. 1 or in Art. 30, par. 1, item 2 of the same Law; agricultural land obtained by means of exchange in accordance with the provisions stated in Art. 23 of the same Law; or land purchased in accordance with the provisions stated in Art. 28, par. 1 of the same Law to which the provisions Art. 41, par. 3 shall be applicable; the indication by a city, town or village agricultural land committee of the exchange of the ownership, emphyteusis or the right of lease under the provisions of Art. 23 or 25 of the said Law; the following businesses carried on by a prefecture, a city, town or village, a prefectural agricultural co-operative association, a city, town or village agricultural co-operative association, a farm practice association, the agricultural land development association or such an association as composed by cultivators and as designated by a prefectural governor; the businesses mentioned in items 1, 3, 4, 6 and 8, carried on by a city, town or village agricultural land committee, and the advance of funds necessary for the businesses as related to item 2, 5 or 7 to 11 inclusive, by the Central Cooperative Bank for Agriculture and Forestry, Japan Hypothec Bank or Hokkaido Colonization Bank:
1. Mediation for the acquisition of lands which are to become owner-farmer lands belonging to individual persons;
2. Making loans required for the acquisition or development of land which are to become owner-farmer lands belonging to individual persons;
3. Grants of subsidies for the development of lands which are to become owner-farmer lands belonging to individual persons;
4. Mediation for the acquision of for the use of owner-farmer lands created under the undertakings mentioned in the preceding three items;
5. Making loans for the construction or acquisition of the facilities mentioned in the preceding item;
6. Grants of subsidies for the construction or acquisition of the facilities mentioned in item 4;
7. Making loans for the renewal of debts owed by owner-farmers;
8. Mediation for obtaining the loans mentioned in items 2, 5 and 7;
9. Conveyance of, or development and conveyance of, the lands which are to become owner-farmer lands belonging to individual persons;
10. Acquisition of the lands which are to become owner-farmer lands belonging to individual person, or conveyance of the lands after having acquired and developed them, or having developed and acquired them;
11. Construction, acquisition, or tranfer of facilities for the use of owner-farmer lands created under the projects mentioned in the preceding two items.
In Art. 11 "Art. 6, item 6" shall read "Art. 5, item 4" in the said Article, items 1 and 2 "Art. 6" shall read "Art 7" and Art. 11, item 4 shall be amended as follows and revised as Art. 3:
4. Where the rights of lease or emphyteusis are transferred by the exchange in compliance with the provisions of Art. 25 of the owner-farmers Establishing Special Measures Law.
Article 11. A city, town or village agricultural land committee shall, in order to effect the approval mentioned in Art. 9, par. 3 of the Agricultural Land Adjustment Law by reason that the cultivation by a lessor himself is suitable, do so in consideration of either the lessor possesses or not the operation ability, establishments and the like necessary for the cultivation, of either the lessee of the agricultral land can maintain or not the reasonable standard of living owing to the self-cultivation by the lessor and the like.
In Art. 12 "Art. 6, item 3 or 6 of the Agricultural land Adjustment Law" shall read "Any item of the preceding Article" and the said Article shall be revised as Art. 4.
In Art. 13, item 2 "Art. 4, par. 1" shall read "Art. 7," item 1 of the said Article, revised as item 2, and the following item shall be added to the said Article as item 1 and the said Article shall be revised as Art. 7.
1. Where the government sells up agricultural lands in compliance with the provisions of the Owner-farmer Establishing Special Measures Law, Art. 16 or Art. 41, item 1.
Article 13. A prefectural governor shall, if he intends to effect the permission under the provisions of the proviso of Art. 9-(3), par. 1 of the Agricultural Land Adjustment Law, ask the opinion of a prefectural agricultural land committee.
In Art. 14 "the preceding Article" shall read "Art. 7" and the preceding Article shall be Art. 9.
Article 15, shall be Article 12.
In Art. 16, item 3. "Art. 12" shall read "Art. 4"; in Art. 16, item 4 "The preceding Article" shall read "Art. 12"; the said Article shall be Art. 14;
and Art. 17 shall be Art. 15.
Article 16. The special reasons mentioned in Art. 15-(2), par. 4 shall be as follows:
1. Illness,
2. School attendance,
3. Enlistment,
4. Besides the above-mentioned, such reasons which are deemed as inevitable by a city, town or village agricultural land committee, as have enforced to live temporarily apart from the household.
Article 17-(2). Any city, town or village shall have a commission on the election of a city, town or village agricultural land commissioners (referred to in this Article and Article 25-(6) as the election commission).
The election commission shall be under the supervision of a mayor or headman of a town or village, and express its opinion for a mayor or headman of a town or village and reply to his inquiries as regards the election of the commissioners of a city, town or village agricultural land commission.
The election commission shall be composed of three commissioners.
Each one commissioner of the election commission shall be elected by a mayor or headman of a city, town or village from among those persons registered in each of the lists of electors.
The term of office shall be two years; a mayor or headman of a town or village, however, may dismiss any of commissioners if any of special circumstances occurred during his term of office.
Any commissioner shall be put in charge of his duties even if his term of office expires, until a successor will be appointed.
Any commissioner shall lose his post when he comes to be disqualified for an elector of a commissoner of a city, town or village agricultural land commission.
In either case where a mayor or a headman of a town or village intends to elect the commissioners of the election commission in accordance with the provisions stated in par. 4 or where he intends to dismiss any of commissioners in accordance with the provisions stated in the proviso of par. 5, he shall consult with a city, town, or village agricultural cooperative association or a body composing of the farmers within the sphere of the city, town or village concerned, or other organizations that shall represent best, in his opinion, the interests of those persons stated in each item of Art. 15-(2), par. 3, of the Agricultural land Adjustment Law.
In Art. 18, "not less than one ton" shall read "not less than three ton in Hokkaido and not less than one ton in prefectures," and the said Article shall be "Art. 17."
Article 19 shall be Article 18.
Article 19. A mayor or a head of town or village may, if he deems it necessary to do so, determine section and set up a branch of voting place in respect of the election of a city, town or village agricultural land committee.
Article 21. A mayor or a headman of a town or village shall prepare, as on October 1 each year, a list of voters with respect to each of the categories mentioned in the items under Art. 15-(2), раг. 3 of the Agricultural Lands Adjustment Law, on the basis of the reports made by electors as may be determined by order.
If electors do not report or there is any mistake or any omission in the report, in the case of the preceding paragraph, a mayor or a headman of a town or village may prepare a list of voters or revise it in virtue of his office.
The list of voters shall contain the full name, title permanent residence and the date of birth of voters as well as the area of agricultural lands owned or cultivated by voters (including those deemed as agricultural lands owned by the voters under the provisions of Art. 15-(2), par. 4 of the Agricultural Land Adjustment Law which is applicable with the necessary modification under Art. 15-(3), par. 2 of the said Law), provided, however, that the list shall suffice to contain the full name and the date of birth with respect to those voters such as the head of a family or members of a family living together as specified in Art. 15-(3), par. 1 of the Agricultural Land Adjustment Law.
The age of voter shall be calculated on the date of deciding the list of voters.
A mayor, town headman, or village headman shall, for fifteen days from November 5, allow persons interested to inspect the list of voters at the municipal office, the town office, the village office or any other place designated by him.
A mayor, town headman, or village headman shall notify the place of the inspection at least three days prior to the commencement of the inspection period.
The following paragraph shall be added to Article 23:
When any branch of voting place is set up, a mayor, town headman or village headman shall prepare copies of the list of voters at each section of a branch.
Article 25. If any alteration in the list of voters has been caused owing to the change of the boundary of a city, town or village, the mayor or headman of the town or village shall send such a part of the list as altered to the mayor, town headman, or village headman to which it has belonged newly.
The preceding case shall apply if the taking over of the list of voters is necessary owing to the discontinuance, formation, partition or annexation of a city, town or village.
A mayor, headman of a town or village shall, if he has received the list of voters, notify at once to that effect and, at the same time, report it to a prefectural governor.
Article 25-(2). The list of electors forwarded in accordance with the provisions of the preceding Article shall be deemed to be that of the city, town or village to which such a new area as may be resulted either from abolition, establishment, partition or union or from alteration of the boundary belongs.
Article 25-(3). In case where the list of electors forwarded in accordance with the provisions stated in Art. 25 has not become conclusive as yet, the day and period in respect of the general inspection of the list of electors, its final decision and the decision of its objection shall be subject to the decision of the prefectural governor concerned.
When the said prefectural governor decided the day and period in pursuance of the provisions stated in the preceding paragraph, he shall forthwith give a public announcement thereof.
Article 25-(4). The headman of a city, town or village shall, at least one week prior to the election day, give a public announcement of the polling stations (inclusive of the branch polling stations; this shall hereinafter apply in any case wherever the expression arises), the day and hours specified for the voting as well as of the number of commissioners to be elected.
In cases where branch polling meetings are set up, the public announcement of the sections over which such polling meetings are set up, shall likewise be given.
The voting at a branch polling meeting shall be taken during the same hours of the same day. as those of the election meeting.
If it is impossible to take the voting or it is necessary to take another voting because of an act of God, accidents or the like, the headman of a city, town or village shall specify another day and shall cause a voting to be taken in respect of the election meeting or branch polling meeting at which a voting shall be taken. In this case, the public announcement of the polling station, the day and hours specified for the voting shall be given at least five days prior to the election day.
Article 25-(5). Any person who intends to be a candidate for a commissioner shall give notice to that effect to the headman of the city, town or village concerned during the period between day on which the public announcement of the election was given and the day at least two days prior to the election day.
If any person whose name is on the list of the electors intends to recommend any other person to be a candidate for a commissioner, he may give a notice of recommendation of that person to the headman concerned, within the period mentioned in the preceding paragraph.
The candidate for a commissioner may not decline the post thereof unless he submits it to the headman of the city, town, or village for his approval.
In either case where the headman of the city, town or village received the notice mentioned in the preceding three paragraphs or where he came to know the death of a candidate, he shall give a public announcement thereof without dalay.
Article 25-(6). A person appointed by the election commission shall be the presiding officer of the election commission. The presiding officer of the election commission shall be under the supervision of a mayor or headman of a town or village, and shall open and close the election meeting and keep it in order.
Any candidate for a commissioner shall point out any person to be an inspector of election from among persons whose names are registered in the same list of electors in which his name is registered and may report the name of the proposed inspector with his consent to the presiding officer, at least two days prior to the day of election.
Those persons who were reported to be proposed inspectors of election to the presiding officer in accordance with the provisions mentioned in the preceding paragraph shall be decided to be the inspectors of election unless they were not more than two in respect to each item of Art. 15-(2), par. 3 of the Agricultural Land Adjustment Law; in case where there were more than two, the presiding officer shall, by means of drawing, decide two inspectors from among them, except any person who was reported by any candidate for a commissioner, who has died or declined the post of a candicate.
The drawing mentioned in the preceding paragraph shall be made on the previous day of the day of election. Any candidate for a commissioner who submitted the report mentioned in par. 3 may attend at the event of the drawing.
The place and time of the drawing mentioned in par. 4 shall in advance be notified officially by the presiding officer.
In case where the inspectors of election were decided in accordance with the provisions stated in par. 4, the presiding officer shall forthwith inform to said persons thereof and request their attendance at the election.
Any person who was reported to be a proposed inspector of election by any candidate for a commissioner shall be disqualified for an inspector when the latter died or declined to be a candidate for a commissioner.
In case where there are no inspectors of election stated in the provisions of par. 4 in respect to each item of Art. 15-(2), par. 3 of the Agricultural Land Adjustment Law or where they are less than two or where they become less than two or in case where the inspectors of election who attended the election meeting in time are less than two or where they become less than two after voting has begun, the presiding officer shall elect the inspectors of election to fill vacancies from among the persons whose names are registered in each list of electors for respective district concerned and shall forthwith inform thereof to the elected and request their attendance at the election.
Any inspector of election may not resign his post unless there is a justifiable reason.
The inspector of election shall not be paid.
Any officer who was designated by the presiding officer of the election commission shall be the chief of the branch polling meeting and the chief shall open and close the meeting and keep it in order.
The provisions stated in pars. 3 to 11 shall apply to the cases of the inspectors of voting; in above cases, however, the term "list of electors" shall read "abstract of the list of electors which is made by districts of the branch meeting," the term "presiding officer" shall read "chief of the branch polling meeting" and the term "two persons" shall read "one person."
Article 25-(7). No person other than electors may be admitted to a polling station, the same shall not apply, however, to those persons who are engaged in the affairs of the polling station or who possess the official authority to supervise the polling station or policemen.
If any person makes a speech or debate or a noise, or deliberates upon or solicit for the voting, at the polling station or disturbs the order of the polling station, the presiding officer or the chief of a branch polling meeting shall order him to stop it, and if such person fails to obey his order, the officer shall order him to quit the polling station.
Any person who was ordered to quit the polling station in accordance with the provisions mentioned in the preceding paragraph, may vote at the end of the poll, provided, however, that the presiding officer or the chief of the branch polling meeting may allow him to vote at any time whenever the officer deems that there is no fear of disturbance of the order at the polling station.
Article 25-(8). Any elector shall appear at a specified polling station in person within the specified hours of the poll on the election day and shall vote after making a reference either to the list of electors or to the abstract thereof.
Any elector who has been admitted into a polling station within the hours of the poll may vote even after the time it has been closed.
Any person who is unable to write the name or title of a candidate for a commissioner by himself may not vote.
Such ballots as have been cast at a branch polling meeting shall, as deposited in the ballot box, be forwarded accompanied by the chief of the branch polling meeting and all of the polling inspectors to the presiding officer.
Article 25-(9). Any person whose name is not stated in the list which has become conclusive may not vote; the same shall not, however, apply to a person who appears at the polling station on the election day, bearing with himself a written determination which is final ruling that his name should be stated in the list of electors.
Even though such person whose name is stated in a list which has become conclusive may not vote, if he is such person as may be disqualified to be stated in the list of electors, the same shall apply to any of persons who cease to be qualified for voting on the election day.
Article 25-(10). The denial of a vote shall be decided upon either by the inspectors of election or by the polling inspectors, in case of a tie, the presiding officer or the chief of a branch polling meeting shall have a casting vote.
If any elector against whom a decision of denial of vote has been made at a branch polling meeting, raises an objection thereto, the chief of such branch polling meeting shall cause him to cast a ballot provisionally.
The elector shall put the ballot contemplated in the preceding paragraph in an envelope, seal it up and deposit it in the ballot box after writing his full name or title thereon in his own hand.
The provisions of the preceding two paragraphs shall apply to any elector whose vote has been challenged by the chief of a branch polling meeting or a polling inspector.
Article 25-(11). The headman of a city, town or village shall, in advance, give a public announcement of the day and hours fixed for the counting of the votes.
The counting of the votes shall be made either on the day of the poll or on the following day (in case where branch polling meetings have been set up, either on the day on which all of the ballot boxes forwarded have been received or on its following day).
The presiding officer shall, in the presence of the inspectors of election, open each of ballot boxes, and first of all he shall investigate such votes as are mentioned in par. 2 and par. 4 of the preceding Article. The acceptability of such votes shall be decided upon by the inspectors of election, and in case of a tie, the presiding officer shall have a casting vote.
The presiding officer shall inspect each of the votes together with the inspectors of election.
If it is impossible to effect the counting of the votes on account of an act of God, accidents or the like, the headman of a city, town or village shall prescribe another day for the counting of the votes. In this case, he shall, in advance, give an another public announcement, if a change is required to be effected in the place of the election meeting.
Article 25-(12). Any elector may demand to visit the election meeting, except the time prior to the commencement of the counting of the votes.
Article 25-(13). Any of the following votes shall be null and void:
1. A vote which is not given in a prescribed form;
2. A vote on which a full name or a title of any person other than the candidates for the commissioners is written;
3. A vote on which full names or titles of two or more candidates for the commissioners are written;
4. A vote on which a full name or a title of a candidate for a commissioner who is not eligible is written;
5. A vote on which, besides a full name or a title of a candidate for a commissioner, anything is written except his profession, status, permanent address, title of honour or the like;
6. A vote on which a full name or a title of a candidate for a commissioner is not written by the voter himself;
7. A vote whereby it is impossible to identify, on the face of the ballot, the candidate for a commissioner for whom a voter has intended to vote;
8. A vote on which full name or a title of any person who holds the office of a commissioner (except those who act for the office of the commissioner in accordance with Art. 15-(9), item 6 of the Agricultural Land Adjustment Law) of the city, town or village agricultural land commission is written.
Article 25-(14). The validity of a vote shall be determined by the inspectors of election; in case of a tie, the presiding officer shall hold a casting vote.
Article 25-(15). If the number of the candidates for the commissioners reported in accordance with the provisions stated in Art. 25-(5), pars. 1 and 2, is less than the fixed number of the commissioners who shall fall under the category concerned in the election, in respect to any of the categories specified in the respective items of Art. 15-(2), par. 3 of the Agricultural Land Adjustment Law, no voting shall be taken in respect of the election of the commissioners who shall fall under the category concerned.
In case where the voting is not needed in accordance with the provisions mentioned in the preceding paragraph, the headman of a city, town or village concerned shall give a public announcement thereof without delay.
In case of par. 1, the presiding officer shall hold the election meeting within five days from the election day and declare the candidates for the commissioners to be duly elected.
In case of the precedig paragraph, the eligibility of a candidate for a commissioner shall be decided upon by the inspectors of election; in case of a tie, the presiding officer shall hold a casting vote.
In case of par. 3 the headman of a city, town or village shall give, in advance, a public announcement of the place, day and hours fixed for the election meeting.
Article 25-(16). The presiding officer shall prepare a record of election in which the particulars related to the election meeting shall be stated and his signature as well as signature of one of the inspectors of election, in respect of each of the categories mentioned in the respective items of par. 3 of Art. 15-(2) of the Agricultural Land Adjustment Law, shall be attached thereto.
The chief officer of a branch polling meeting shall prepare a record of the votings in which the particulars related to the voting shall be stated and his signature as well as signatures of all polling inspectors shall be attached thereto.
The chief officer of a branch polling meeting shall forward a record of the voting along with the ballot box to the presiding officer.
The headman of a city, town or village shall preserve the records of election and those of the voting along with the lists of electors and other documents concerned during the terms of office of the commissioners.
Article 25-(17). In case where the headman of a city, town or village deems it necessary to do so, he may set up a branch meeting for the counting of the votes over a stated section.
In case where a branch meeting for the counting of the votes is set up in accordance with the provisions mentioned in the preceding paragraph, the headman of a city, town or village shall, without delay, give a public announcement of the stated section and place of a branch meeting for the counting of the votes.
At the branch meeting for the counting of the votes, the officer appointed by the presiding officer of the election commission shall become the chief of a branch meeting for the counting of the votes and he shall open and close the branch meeting and keep it in order.
Article 25-(18). The votes cast at a branch polling meeting within the section of a branch meeting for the counting of his votes shall be forwarded, as deposited in a ballot box, the along with a record of voting and an abstract of list of electors, to the chief of a branch meeting for the counting of the votes, by the chief of a branch polling meeting as well as by all of the inspectors thereof.
In case where each of the votes has been inspected, the chief of a branch meeting for the counting of the votes shall, without delay, report the result thereof to the presiding officer.
The chief of a branch meeting for the counting of the votes shall prepare a record of the counting of the votes in which the particulars related to the counting of the votes shall be stated and shall attach his signature thereto together with the signatures of all the inspectors of the counting of the votes and shall without delay forward it along with a record of voting and the votes to the presiding officer.
The presiding officer shall, in the presence of the inspectors of election, examine each of the reports at the election meeting on the day on which the reports mentioned in par. 2 submitted by all of the chiefs of the branch meetings for the counting of the votes or on its following day or on the day on which he has received all of the ballot boxes or on its following day and he shall count the total number of the votes obtained by each of candidates for the commissioners by comparing with the result of the inspection made in accordance with the provisions mentioned in Art. 25-(11), par. 4.
The provisions mentioned in Art. 25-(6), par. 13 shall apply, with the necessary modifications, to the case of inspectors for the counting of the votes, the provisions stated in Art. 25-(7), pars. 1 and 2, to the case of the place of a branch meeting for the counting of the votes, the provisions stated in Art. 25-(11), pars. 2 to 5, Art. 25-(12), and Art. 25-(14) to the opening of the ballot boxes at the branch meeting for the counting of votes. However, in Art. 25-(6) par. 13 the term "each abstruct of a register of electors made in respect to each of the sections of respectiv branch polling meetings" shall read "register of electors within each of respective branch polling meetings."
Article 25-(19). In case where the determination of persons elected has been effected, the headmen of a city, town or village shall forthwith give them the notices of their having been duly elected; at the same time he shall give a public announcement of the full names or titles and permanent addresses of the elected and shall submit the same along with a copy of the record of election (in case where there is a record of the votes or a record of the counting of the votes) to the Prefectural Governor concerned. In case where there is no person elected, the headman of a city, town or village shall forthwith give a public announcement thereof and at the same time he shall submit the report to that effect to the Prefectural Governor concerned, along with a copy of a record of election (as well as with a copy of a record of voting, or that of a record of the counting of the votes, if any.
Article 25-(20). In case where violation of the provisions relating to election has been committed, the election, in whole or in part, shall be null and void, if it is likely to affect the result of the election; provided that it is possible to separate any person whose election is not likely to be affected, the above-mentioned rule shall not apply to the case of such person.
Artile 25-(21). In case where a by-election was held because of the partial invalidity of the election, the presiding officer shall, in accordance with the provisions stated in Art. 25-(18), par. 4, go through due formalities in respect of the partial invalidity and shall count the total number of the votes obtained together with those duly obtained by the respective candidated for the commissioners.
In Art. 26, par. 1, the term "electors" shall read "electors or candidates for the commissinor," and the term "notification mentioned in Art. 29, par. 1 of the Town or Village Organization Law which is applicable to the case of Art. 29" shall read "public announcement mentioned in Art. 25-(19)."
Article 28-(2). The number of half the persons who have the right of voting specified in Art. 15-(9) par. 2 of the Agricultural Land Adjustment Law shall, immediately after the determination of a record of electors, be made public by the headman of a city, town or village, in respect of each of the categories mentioned in the respective items of Art. 15-(2) par. 3 of the said Law.
Article 28-(3). In case where the headman of a city, town or village filed any claim mentioned in the provisions of Art. 15-(9), par. 2 of the Agricultural Land Adjustment Law, he shall, without delay, give a public announcement to that effect and at the same time he shall despatch the notice thereof to the city, town or village agricultural land commission.
In case where the headman of a city, town or village gave a public announcement mentioned in the preceding paragraph, he shall hold the election of all the commissioners demanded to be re-elected in accordance with the provisions mentioned in the same paragraph within two weeks from the day on which above mentioned public annonuncement was given
In case where the public announcement mentioned in par. 1 was given, those commissioners demanded to retire shall be removed of their posts on the day of its public announcement.
Article 29. The provisions stated in Art. 22, par. 6 of the Town or Village Organization Law and the provisions stated in Art. 11 of the Enforcement Ordinance of City, Town or Village Organization Law shall apply with the necessary modifications to the case of election with respect to a city, town or village agricultural land commission. However, in Art. 11, par. 3 of the above Ordinance, the term "Art. 25-(3) of the City Organization Law or Art. 22-(3) of the Town or Village Organization Law" shall read "Art. 25-(10)"; in Art. 11, par. 4 of the same Ordinance, the term "Art. 27-(2), pars. 2 and 3 of the City Organization Law of Art. 22, pars. 2 and 3 of the Town or Village Organization Law" shall read "Art. 25-(11), pars. 3 and 4"; and "Art. 25-(3), pars. 2 and 4 of the City Organization Law or Art. 22-(3), pars, 2 and 4 of the Town or Village Organization" shall read "Art. 25-(10), pars. 2 and 3."
The following proviso shall be added to Art. 31:
"but this shall not apply to the cases where the approval of the prefectural governor concerned is obtainable because of special reasons."
In Art. 33, the term "assistant" shall be added next to the term "clerk."
In Art. 38, the terms "of Hokkaido, the Metropolis, a special prefecture or a prefecture" and "or the person to whom are accorded the treatment of government officers" shall be deleted.
Article 40-(2). Each of prefectures shall have a commission on election of the prefectural agricultural land commissioners (hereinafter referred to as the election commission).
The election commission shall express opinion for the prefectural governor or reply to his inquiries as regards the election of the commissioners of the prefectural agricultural land commission.
Each one commissioner of the election commission in respect to each of the items mentioned in Art. 15-(2), par. 3, of the Agricultural Land Adjustment Law shall be elected by the prefectural governor from among the commissioners of a city, town or village agricultural land commission.
Any commissioner of the election commission shall lose his post when he comes to lose his post of a commissioner of a city, town or village agricultural land commission.
In either case where any prefectural governor intends to elect the commissioners of the election commission in accordance with the provisions stated in par. 3, or where he intends to dismiss the commissioners in accordance with the provisions stated in the proviso of Art. 17-(2), par. 5 which is applicable to the case of par. 6, he shall consult with prefectural agricultural cooperative association or the body composing of the bodies of the farmers within the sphere of the prefecture concerned, or other organizations that shall represent best, in his opinion, the interests of those persons stated in each item of Art. 15-(2), par. 3 of the Agricultural Land Adjustment Law.
The provisions stated in Art. 17-(2), pars. 3, 5, and 6 shall apply to the case of the election commission; in par. 5, however, the term "mayor or headman of town or village" shall read "prefectural governor."
Article 40-(3). Any prefectural governor may set up the electoral districts in respect of the mutual vote mentioned in Art. 15-14, par. 3, items 1 to 3 of the Agricultural Land Adjustment Law.
In case where the prefectural governor has set up the electoral districts, he shall give a public announcement of the items such as number of the electoral districts, sphere of the districts and the number of the commissioners who shall be elected from each of the electoral districts and who are mentioned in Art. 15-(14), par. 3, items 1 to 3 of the Agricultural Land Adjustment Law.
The electoral district of each mutual elector shall be determined according to his permanent address.
Article 41, par. 1 shall be deleted.
Article 42. The prefectural governor shall give a public announcement of the polling station, day and hours of election and the number of the commissioners to be elected (as well as the number of such commissioners to be elected from each electoral district as mentioned in Art. 15-(14), par. 3, items 1 to 3 of the Agricultural Land Adjustment Law, in case where the electoral districts are set up) at least ten days prior to the election day. In case where a branch polling meeting is set up, the sphere thereof shall likewise be announced publicly.
The voting of each electoral district in general election shall be made during the same hours of the same day with these mentioned above.
Article 43. The provisions stated in Art. 19, Art. 20, Art. 25-(4), pars. 2 and 3, Art. 25-(5), Art. 25-(6), pars. 3 to 13, Art. 25-(7), Art. 25-(8), Art. 25-(10) to Art. 25-(17), Art. 25-(18), pars. 1 to 4 and 5 (except proviso), Art. 25-(19) to Art. 25-(21), Art. 26 to Art. 28 and Art. 29 to Art. 38 shall apply, with the necessary modifications, to the case of the Metropolis, Hokkaido or prefectural agricultural land commission. However, "the headman of a city, town or village" shall be changed to "the prefectural governor," and "the prefectural governor" shall be changed to "the Minister of Agriculture and Forestry." In Art. 25-(5), par. 2 or in Art. 25-(6), par. 3, the term "a person whose name is stated in each register of electors" shall read "a mutual elector specified in any of items 1 to 3 of Art. 15-(14), par. 3 of the Agricultural Land Adjustment Law"; in Art. 25-(6), par. 13, the term "a person whose name is stated in an abstract of each register of electors prepared for each section of the branch meetings" shall read "a mutual elector specified in any of items 1 to 3 of Art. 15-(14), par. 3 of the Agricultural Land Adjustment Law within a section of the branch meetings"; and in Art. 25-(15), par. 1, Art. 25-(16), par. 1 as well as in Art. 31, the term "each item of Art. 15-(2), par. 3" shall read "Art. 15-(14), par. 3, items 1 to 3."
Article 44. With respect to a city, town or village agricultural land commission which shall be formed in such city, town or village as the number of the eligible persons related to any of the categories specified in the respective items of Art. 15-(2), par. 3 of the Agricultural Land Adjustment Law may not reach the fixed number thereof mentioned in Art. 15-(2), par. 6 of the same Law, the prefectural governor concerned may either reduce the fixed number of the commissioners stated in Art. 15-(2), par. 6 or elect, notwithstanding the provisions stated in Art. 15-(2), par. 3, par. 8 and par. 9 or elect other commissioners substituted for those who shall be elected from among the persons belonging to the categories concerned.
Article 45. In any city, town or village of which acreages of agricultural lands are remarkably few or which was designated as one which is under special circumstances by the prefectural governor concerned on approval of the Minister of Agriculture and Forestry, a city, town or village agriculture land commission shall not be formed.
The prefectural governor concerned shall give a public announcement of the name of such a city, town or village as one in which the agricultural land commission may not be formed in accordance with the provisions stated in the preceding paragraph.
Article 46. In any case where the sphere of a city, town or village or the area of agricultural lands within a city, town or village is considerably wide or where a city, town or village is under special circumstances, the prefectural governor concerned may set up the divisional agricultural commissions in each of the divisions by dividing the above-mentioned area into more than two divisions.
The prefectural governor concerned shall give a public announcement of the divisions and the names thereof in case where the divisional agricultural land commissions are formed.
The provisions related to a city, town or village agricultural land commission stipulated in the present Ordinance shall apply with the necessary modifications to the case of the divisional agricultural land commission mentioned in the preceding paragraph.
Article 47. The Minister of Agriculture and Forestry or the prefectural governor may issue any order or may take any of measures requisite for supervision of the city, town or village agricultural land commission on Metropolis, Hokkaido or prefectural land commission.
Articles 49 and 50 shall be deleted.
Article 51 shall be changed to Art. 48.
Article 52 shall be deleted.
In Art. 53, the term "in respect of a town or village union or the managing officer thereof in case where there exists any town of village union which manages all the affairs of a town or village or the affairs of a town or village office" shall be added next to the term "the provisions related to a town or village of the headman of a town or village," and the same Article shall be changed to Article 49.
Supplementary provisions:
This Imperial Ordinance shall come into force as from November 22, 1946.
The first election of the commissioners of a Metropolitan, Hokkaido or prefectural agricultural land commission in accordance with the revised regulations of the Agricultural Land Adjustment Law shall be held during December, 1946, and the first mutual voting of the Metropolitan, Hokkaido or prefectural agricultural land commission shall be held immediately after the election of the commissioners of all the cities, towns or villages agricultural land commissions which shall be formed in each of the cities, towns or villages within the sphere of Metropolis, Hokkaido or prefecture concerned.
In cases where there exist special circumstances, any prefectural governor may, notwithstanding the provisions mentioned in the preceding paragraph, hold the first mutual voting of the commissioners of the Metropolitan, Hokkaido or prefecutural agricultural land commission on approval of the Minister of Agriculture and Forestry.
The preparation of the register of electors, its general inspection, its decision, the determination of its objection as well as the date and period with respect to the institution of the petition concerning the election stipulated in par. 2 shall be subject to the resolution of the prefectural governor concerned.
The first meeting of a city, town or village agricultural land commission shall be convened by the headman of a city, town or village.
The day mentioned in par. 3 of the additional provisions, Law No. 42, 1946 shall be October 31, 1947.