I hereby give My sanction to the Imperial Ordinance concerning the Owner-Farmer Establishment Special Measures Law, and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This twenty-seventh day of the twelfth month of the twenty-first year of Showa (December 27, 1946)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister for Home Affairs OMURA Seiichi
Minister of Agriculture and Forestry WADA Hiroo
Minister of Finance ISHIBASHI Tanzan
Imperial Ordinance No. 621
The Imperial Ordinance concerning the Owner-Farmer Establishment Special Measures Law
Article 1. Special reasons mentioned in Art. 2 par. 3 of the Owner-Farmer Establishment Special Measures Law shall be as follows:
3. Being called up to colors prior to August 15, 1945;
4. Assumption of a public office by election and other causes for which the Agricultural Land Commission of a City, Town or Village, acknowledging them to be unavoidable ones that have compelled not to live in the same house for a time, has obtained the approval of the Agricultural Land Commission of the Metropolis, Hokkaido, a Special Prefecture or a Prefecture.
Article 2. In case the Agricultural Land Commission of a City, Town or Village intends to make a designation in accordance with the provisions of Art. 3, par. 1, item 1 of the Owner-Farmer Establishment Special Measures Law, it must, with the consent of the Agricultural Land Commission of the City, Town or Village adjacent thereto, apply to the Agricultural Land Commission of the Metropolis, Hokkaido, a Special Prefecture or a Prefecture for its approval, not later than the day appointed by the prefectural governor.
Article 3. Agricultural Lands to be specified by an order as mentioned in Art. 3, par 4 of the Owner-Farmer Establishment Special Measures Law shall be as follows:
1. Agricultural lands the yields of which are very meagre, such as developed lands, burnt fields, changed fields, etc.;
2. Agricultural lands which, being situated near a metal or coal mine, are in danger of subsidence;
3. Other agricultural lands than those mentioned in the preceding two items as specified by the Minister of Agriculture and Forestry.
Article 4. The decision in accordance with the provisions of Art. 3, par. 5 of the Owner-Farmer Establishment Special Measures Law shall be made by the Agricultural Land Commission of a City, Town or Village or that of the Metropolis, Hokkaido, a Special Prefecture or a Prefecture in case of the agricultural lands mentioned in items 1 to 5 inclusive of the said paragraph, and by the Agricultural Land Commission of a City, Town or Village in case of agricultural lands mentioned in item 6 of the said paragraph.
Article 5. The cultivation which falls under any of the following cases shall be deemed reasonable in the sense of the provision of item 1 or 3, paragraph 5, Article 3 of the Owner-Farmer Establishment Special Measures Law:
1. In case of the Owner-Farmer, the supply of labor available from among the members of the immediate farm household is sufficient to cultivate the land in an efficient manner, or, subdivision of the land into smaller units of cultivation can not be accomplished without decreasing agricultural production:
2. In case of a juridical person or other association subdivision of the land into smaller units of cultivation can not be accomplished without decreasing agricultural production, as well as when cultivation is indispensable for the performance of the principal objects of the juridical person or other organization.
Article 6. Associations to be specified by order as mentioned in Art. 5, par. 2 of the Owner-Farmer Establishment Special Measures Law shall be those such as hamlet or industrial association, sericultural practice association, and other associations organized by persons engaging in cultivation, designated by the prefectural governor.
Article 7. Causes to be specified by order as mentioned in Art. 5, item 6 of the Owner-Farmer Establishment Special Measures Law shall be as follows:
2. Being called up to colors prior to August 15, 1945;
3. Assumption of a public office by election and other causes for which the Agricultural Land Commission of a City, Town or Village, acknowledging them to be unavoidable ones that have compelled the owner-farmer not to be able to engage in cultivation on his owner-farmer land, has obtained the approval of the Agricultural Land Commission of the Metropolis, Hokkaido, a Special Prefecture or a Prefecture.
Article 8. Agricultural lands to be specified by order as mentioned in Art. 5, item 7 of the Owner-Farmer Establishment Special Measures Law shall be as follows:
1. In case where a land which is owned jointly by more than one person is cultivated, by custom, by one or, some of the owners alternately from year to year or for some years, or in case where such land is divided into portions on which each of the owner operates and the portions is exchanged in turn every year or every few years.
2. Agricultural lands which, being situated near a metal or coalmine, are in danger of subsidence;
3. Other agricultural lands than those mentioned in the preceding two paragraphs as specified by the Minister of Agriculture and Forestry.
Article 9. In case the Agricultural Land Commission of a City, Town or Village will, in accordance with the provisions of Art. 6, par. 3 of the Owner-Farmer Establishment Special Measures Law (including cases which shall be applied mutatis mutandis under Art. 28, par. 2, Art. 31, par. 3, Art. 36, par. 3, Art. 27, par. 2, Art. 38, par. 2, and Art. 41, par. 3 of the said Law), determine the consideration of the agricultural land having no rental value as fixed under the Land Tax Law, or will, in accordance with the proviso of Art. 6, par. 3, determine the consideration of the agricultural land, it shall see to it that the foregoing consideration will not exceed the ceiling price as provided by Law of the same area of other similar agricultural lands situated near the agricultural land concerned.
Article 10. In case the prefectural governor will grant the approval mentioned in the provisions of Art. 6, par. 3 of the Owner-Farmer Establishment Special Measures Law, he must refer the matter to the Agricultural Land Commission of the Metropolis, Hokkaido, the Special Prefecture or the Prefecture concerned.
Article 11. A purchasing price at which the Agricultural Land Commission of a City, Town, or Village purchases establishments for agricultural use, homesteads, or buildings in accordance with the provisions of the paragraph 1 of Article 15 of the Owner-Farmer Establishment Special Measures Law, shall be based on the standards to be fixed by the Central Agricultural Land Commission.
A purchasing price of the grass land as to be provided in the provisions of the paragraph 3 of Article 15 of the Owner-Farmer Establishment Special Measures Law, shall not exceed the amount obtained by multiplying the ceiling price as provided by Law of an agricultural land neighbouring and being similar to the grass land concerned by a certain rate to be fixed by the Central Agricultural Land Commission.
Article 12. An agricultural land owned by the Government (except the agricultural land purchased in accordance with the provisions of Art. 3 or item 3, par. 1, Art. 30 of the Owner-Farmer Special Measures Law) which is determined to be fitted for such a land as to be available for establishment of owner-farmers by the Agricultural Land Commission of a City, Town, or Village, shall be classed as miscellaneous assets and supervised by the Minister of Agriculture and Forestry.
The determination as stated in the preceding paragraph cannot be effective, without the consent of the Prefectural Agricultural Land Commission.
The Prefectural Agricultural Land Commission cannot give such a consent as stated in the preceding paragraph without the approval of the Minister who exercises jurisdiction over the agricultural land concerned.
The Minister concerned can authorize any of Chiefs of Bureau or prefectural governors to exercise the rights mentioned in the preceding paragraph.
Article 13. In case where the consent as stated in par. 2 of the preceding Article has been made of the agricultural land which is assets for public use, government use or forestry assets, the Minister who supervises the agricultural land concerned shall abolish such use or object and, if the agricultural land concerned is not under the supervision of the Minister of Agriculture and Forestry, shall transfer the agricultural land concerned under the supervision of the Minister of Agriculture and Forestry.
In case where the consent as stated in par. 2 of the preceding Article has been made of miscellaneous assets which is not under the supervision of the Minister of Agriculture and Forestry, the Minister who supervises the agricultural land concerned shall transfer the agricultural land concerned under the Minister of Agriculture and Forestry.
The Minister shall, in case where the transference of supervision mentioned in above two paragraphs has been made or such abolition of use of object mentioned in par. 1 has been made of the agricultural land which is under his supervision, notify the Minister of Finance to that effect without delay.
Articles from Art. 2 to Art. 4 of the Enforcement Ordinance for the National Assets Law shall not apply to the case of par. 1 and par. 2.
Article 14. Such an agricultural land owned by the Government to be provided in the Ordinance as stated in paragraph 1 of Article 16 of the Owner-Farmer Establishment Special Measures Law, shall be the agricultural land owned by the Government which has been determined in accordance with the provisions of the paragraph 1 of Article 12 and the agricultural land acquired by the Government by means of exchange mentioned in the provisions of Art. 23 of the Owner-Farmer Establishment Special Measures Law.
Article 15. In case where the agricultural land is subject to transfer in accordance with the provisions stated in Art. 16, par. 1 of the Owner-Farmer Establishment Special Measures Law, the acreages in the aggregation of a head of family and members of family under the same roof and a head of family and members of family who came to live separately according to the special circumstances mentioned in Art. 1, shall not exceed the specified acreage by Metropolis, province or prefecture concerned stated in Art. 3, par. 1, item 3 of the same Law (the specified acreage by district concerned in case of a district where the acreage is specified instead of acreage by Metropolis, province or prefecture concerned in accordance with the provisions stated in par. 3 of the same Article).
As regard to the application of the preceding paragraph, the acreage of the agricultural land owned by the person who requests the transfer in accordance with the provisions stated in Art. 16, par. 1 of the Owner-Farmer Establishment Special Measures Law shall be deemed to be that of the agricultural land which is transferred by the Government in accordance with the provisions stated in the same paragraph.
As regard to the application of the preceding paragraph, the agricultural land owned by a head of family or members of family under the same roof with the person mentioned in the same paragraph or by a head of family or members of family who came to live separately from the person mentioned in the same paragraph because of the special circumstances stated in Art. 1 shall be deemed to be that of the said person.
In case where a City, Town or Village Agricultural Land Commission specified the agricultural land covering acreages exceeding those mentioned in paragraph 1, under the special circumstances, as the agricultural land to be subject to transfer in the agricultural land selling plan, according to the provisions mentioned in Art. 18 of the Owner-Farmer Establishment Special Measures Law, the provisions mentioned in the same paragraph shall not apply.
In cases where an agricultural land commission of a City, Town or Village, in accordance with the provisions of Art. 18 of the Owner-Farmer Establishment Special Measures Law, decides an acreage of agricultural land exceeding the limit of item 1 as agricultural land to be sold, it shall insert the reason on the selling plan of said land.
Article 16. In case where the other party of selling by the provisions of item 1, Art. 16 of the Owner-Farmer Establishment Special Measures Law exerts himself in cultivation according to rights established in accordance with the provisions of par. 2, Art. 12 of the said Law at the date when the agricultural land selling plan mentioned in the provisions of Art. 18 of the said Law is decided, if the management of cultivation concerned is not reasonable, a portion of the agricultural land concerned corresponding to the area exceeding the limit of item 1 of the preceding Article shall be sold to the other party.
Art. 5 shall be applied to the case mentioned in the preceding paragraph.
Article 17. The other party to whom transfer mentioned in the provisions of Art. 16, par. 1 of the Owner-Farmer Establishment Special Measures Law is made shall be any of persons specified in the following items:
1. Any tenant farmer who engages in cultivation of the agricultural land which was purchased by the Government in accordance with the provisions stated in Art. 3, par. 1 or in Art. 3, par. 5, item 4 or 6, or was acquired by the Government by means of exchange mentioned in accordance with the provisions stated in Art. 23, at the event of purchase or exchange thereof (on Nov. 23, 1945 in case where a City, Town or Village Agricultural Land Commission mapped out the agricultural land purchase plan in accordance with the provisions stated in the supplementary provisions, par. 2, of the same Law, the same shall be applicable to item 2);
2. Any person who engages in cultivation of the agricultural land which was purchased by the Government according to the provisions stated in Art. 3, par. 5, item 2 of the Owner-Farmer Establishment Special Measures Law, on the ground of contract for work or other contract, at the time of purchase thereof;
3. Any tenant farmer who engages in cultivation of the agricultural land owned by the Government which has been determined in accordance with the provisions of the par. 1 of Art. 12 at the time of mapping out of the agricultural land selling plan according to the provisions stated in Art. 18 of the Owner-Farmer Establishment Special Measures Law;
4. Any tenant farmer or any owner-farmer who engages in cultivations of the agricultural land which was purchased by the Government in accordance with the provisions stated in Art. 3, par. 5, item 3 of the Owner-Farmer Establishment Special Measures Law and which was purchased by a juridical person or other association from an individual person after Dec. 8, 1941, at the time of purchase thereof; (excluding a person who owns the right of proprietorship, lease, loan for use or emphyteusis on the agricultural land substituted for the land which said juridical person or other associations had bought up);
5. Any person who shall be pointed out by a City, Town or Village Agricultural Land Commission to be an other party to whom the agricultural land is transferable from either among persons who engage in cultivation by labour available from among the members of the immediate farm household and who have far smaller land comparing with the family labourers or among persons who are regular employee to engage in cultivation at the time of the purchase or determination of the land by the Government, in case of the agricultural land which was purchased by the Government in accordance with the provisions stated in Art. 3, par. 5, items 1, 3, 5, or 6 (except the agricultural land mentioned in preceding items) of the Owner-Farmer Establishment Special Measures Law or owned by the Government which was determined in accordance with the provisions of Article 23 and as regard to which there is no tenant farmer mentioned in item 1 or item 3.
As to the application of the provisions of the preceding paragraph, the person who acquired the lease, loan for use or emphyteusis on the agricultural land which shall be sold by the Government by means of exchange, are deemed to be the tenant farmer who engages in cultivation of the said agricultural land at the time of the Government purchase prescribed in the provisions Art. 3 of the same Law.
Article 18. In either case where there exists no other party stated in Article 18 in respect of the agricultural land which shall be transferred in accordance with the provisions stated in Article 16, par. 1 of the Owner-Farmer Establishment Special Measures Law or where the person does not make the application for the agricultural land stated in Art. 17 of the same Law with the intention of discontinuance of farm operation in respect to the said land, the said land shall be subject to transfer to any of the following persons in accordance with the following order:
1. Any tenant-farmer who is operating the farming at the time when the agricultural land selling plan is, in accordance with the provisions of Art. 18 of the same Law, mapped out in respect to the agricultural land purchased in accordance with the provisions of Art. 3 of the Owner-Farmer Establishment Special Measures Law;
2. Any person who shall be deemed to be the promising owner-farmer by a City, Town or Village Agricultural Land Commission.
Article 19. The organizations specified by the ordinance stated in Art. 16, par. 2 of the Owner-Farmer Establishment Special Measures Law shall be those such as City, Town or Village, agricultural practice association, sericultural practice association and other organization composing of farmers designated by the prefectural governor.
Article 20. The Agricultural Land Commission of a City, Town or Village shall set up the plan for the selling of the agricultural lands with the consideration of the following matters:
1. To give to persons to be owner-farmers an impartial opportunity to purchase the agricultural land;
2. To group the agricultural land cultivated by persons to be owner-farmers and to make the proportion of the paddyfield and the unland field suitable and just in respect of the said agricultural land according to the circumstances of the district concerned.
Article 21. The Government shall accomplish not later than December 31, 1948 the purchase in accordance with the provisions of Art. 3 of the Owner-Farmer Establishment Special Measures Law and the sale in accordandce with the provisions of Art. 16 of the same Law.
The Agricultural Land Commission of a City, Town or Village shall, without delay, set up the plan for the purchase of the agricultural land as provided in Art. 6 of the Owner-Farmer Establishment Special Measures Law and the plan for sale of the agricultural lands as provided in Art. 18 of the said Law and shall finish the setting-up thereof not later than October 31, 1948 at the latest.
Article 22. In case where any person who purchased the agricultural land in accordance with the provisions stated in Art. 16, par. 1 of the Owner-Farmer Establishment Special Measures Law or any person who purchased the land specified in Art. 30, par. 1, items 1 to 3 inclusive of the same Law in accordance with the provisions stated in Art 41, par. 1 of the same Law or their successor intends to discontinue to operate or to develop himself in respect to said land, the prefectural governor concerned shall make offer to said persons in accordance with the provisions stated in Art. 28, par. 1 of the same Law (including cases which shall be applied mutatis mutandis under Art. 41, par. 3 of the same Law), except the cases where the said persons discontinue to operate or to develop the said land for the time being because of the unavoidable circumstances such as disease, schooling or assumption of official post resulted from election.
Article 23. In case where the Government purchased the agricultural land in accordance with the provisions stated in Art. 28 of the Owner-Farmer Establishment Special Measures Law, it shall sell the said land without delay to the person who may be deemed as a promising owner-farmer.
The provisions of Art. 10, Art. 16, par. 2, Art. 17, Art. 18, pars. 1, 2, 3, and 5, and Arts. 20, 21 and 26 of the Owner-Farmer Establishment Special Measures Law shall apply with the necessary modifications to the case of transfer in accordance with the provisions stated in the preceding paragraph. In this case "Arts. 3, 5, and preceding Article" shall read "Art. 20."
Article 24. Any of persons who are specified in the following items may purchase the farm facilities, lands or buildings expropriated by the Government in accordance with the provisions stated in Art. 15 of the Owner-Farmer Establishment Special Measures Law.
1. Any person who has right of lease or right of using in respect to the farm facilities in case where the above-mentioned rights exist and who purchased the land in accordance with the provisions stated in Art 16 of the same Law; any person who purchased the land in accordance with the provisions stated in the same Article and who needs the said facilities in using the said land, in case where there exists no right mentioned above in respect to the farm facilities;
2. Any person who has right of lease or right of using, emphyteusis or superficies in respect to the land and building and who purchased the land in accordance with the provisions stated in Art. 16 of the same Law.
Article 25. The consideration of land other than agricultural land, which shall be determined in accordance with the provisions of par. 2, Article 31 of the Law of the Special Measures for the Establishment of Owner-Farmer (including the case where this paragraph shall be applied mutatis mutandis under par. 2, Article 37 and par. 2, Article 38 of the same Law), shall not exceed, in case of the land with no growing trees and bamboos, the selling price of similar agricultural land adjacent thereto multiplied by such rates as may be fixed by the Central Agricultural Land Commission; and in case of the land with growing trees and bamboos, the consideration thereof shall not exceed the sum total of the selling price of similar agricultural land adjacent thereto multiplied by such rates as may be fixed by the Central Agricultural Land Commission, and the price of the growing trees and bamboos concerned: provided, however, that where, if there exists any specific circumstance, the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture or that of City, Town or Village has determined the price of the said land upon obtaining the approval of the local governor, this price shall be the consideration thereof.
The price of growing trees and bamboos, mentioned in the preceding paragraph, shall be determined with reference to the selling price of similar items in adjacent fields.
When the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture or that of City, Town or Village determines the consideration of land in accordance with the provisory clause to par. 1, it shall not exceed the selling price of similar land adjacent to the said land.
Where the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture or that of City, Town or Village determines the consideration of the rights, standing trees, buildings or other structures in accordance with the provisions of par. 2, Article 31 of the Law of the Special Measures for the Establishment of Owner-Farmer (including the case where this paragraph shall be applied mutatis mutandis under par. 2, Article 37 and par. 2, Article 38 of the same Law), it shall be made according to the criterion specified by the Central Agricultural Land Commission.
Article 26. When the local governor, in accordance with the provisions of par. 2, Article 36 of the Law of the Special Measures for the Establishment of Owner-Farmer (including the case where this Article shall be applied mutatis mutandis under par. 2, Article 37 of the same Law), purports to determine the consideration of the land other than agricultural land, the rights, standing trees or structures, the provisions of preceding Article shall be applied mutatis mutandis; in this case, "the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture upon obtaining the approval of the local governor" in the proviso to par. 1 of the said Article shall read "the local governor."
Article 27. In respect to the sale or the lease of the land (including the standing trees on such land, within the meaning of this Article) which was purchased or used by the Government in accordance with the provisions of Article 37 of the Law of the Special Measures for the Establishment of Owner-Farmer, or, of the land which is mentioned in item 4, par. 1, Article 31, as determined by the same paragraph, the local governor shall deliver the letter of notice to the other party to the sale or the lease.
In case of the preceding paragraph, the provisions of Article 17, par. 2 of Article 20, and Article 21 of the Law of the Special Measures for the Establishment of Owner-Farmer shall apply with necessary modifications.
The payment of the consideration of the land, which was sold according to the provisions of par. 1, shall be made by the method of equal annual instalment as specified by order; provided, however, that when the person who has purchased the said land applies for, the whole or a part of the consideration may be paid at a time.
Article 28. The provisions of restriction or prohibition which are, within Article 40 of the Law of the Special Measures for the Establishment of Owner-Farmer, shown as specified by order under the other laws and ordinances, shall be as follows:
1. Article 19, Rivers Law;
2. Article 4, Restriction Ordinance of River Environs;
3. Articles 3, 4 and 9, Restriction Ordinance or Prearranged River Area;
4. Par. 2 Article 8, National Park Law;
5. Par. 1, Article 16, Enforcement Ordinance of National Park Law;
6. Article 4, Sand Proof Law (including the case when this Article shall be applied mutatis mutandis under Article 3 of the same Law);
7. Articles 3 and 4, Law for the Preservation of Historical Relics, Famous Views and Natural Memorials;
8. Article 2, Enforcement Ordinance of the Law for the Preservation of Historical Relics, Famous Views and Natural Memorials;
9. Articles 26 and 32, Forest Law;
10. Article 1-(8), Pasture Law;-
11. Article 1, Enforcement Ordinance of Pasture Law;
12. The provisions which prove to be restrictive or prohibitive against the land development which are included in orders issued by the local governor on the basis of Article 3 of the Regulations governing Organizations and Functions of the Local Government of Tokyo Metropolis, and Article 4 of the Regulations governing Organizations and Functions of the Local Government of Hokkaido, and Article 6 of the Regulations governing Organizations and Functions of the Local Government.
Article 29. The persons which are, within par. 1, Article 41 of the Law of the Special Measures for the Establishment of Owner-Farmer, shown as specified by order shall be as follows:
1. The Metropolis, Hokkaido, Special Prefecture or Prefecture;
2. City, Town or Village (including Union of Cities, Towns or Villages);
3. The organization or person engaging in agricultural affairs, designated by Central Agricultural Land Commission, Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture or Agricultural Land Commission of City, Town or Village.
Article 30. When the buying of the land was made, in accordance with those provisions of Article 28 of the Law of the Special Measures for the Establishment of Owner-Farmer which shall be applied mutatis mutandis under par. 3, Article 41 of the same Law, the Government shall sell the land concerned, without delay, to such person as mentioned in the provisions of par. 1, Article 41 of the same Law.
In respect to the sale mentioned in the provisions of the preceding paragraph, the provisions of par. 2, Article 41 of the Law of the Special Measures for the Establishment of Owner-Farmer shall apply with necessary modifications.
Article 31. The government-owned lands and things (excluding lands and things purchased in accordance with the provisions of Article 3, Article 15, Article 30, Article 36 or Article 37 of the Law of the Special Measures for the Establishment of Owner-Farmer), which are decided, by the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture, as falling under any of the categories itemised below, shall come into the administration of Minister of Agriculture and Forestry:
1. The land suitable to be used for agricultural land development;
2. The standing trees, buildings or other structures on the land being used for agricultural land development which are suitable to be used for the development of the land concerned;
3. The land, standing trees, buildings or other structures suitable to be used for the utilization of lands which have been reclaimed;
4. The land (including the standing trees on such land) suitable to sell or lease, as the substitute for the below-mentioned land, to those persons who had held the ownership, lesseeship, gratuitous loan for use, emphyteusis, superficies or right to commonage at the time when the purchase of the land was made in accordance with the provisions of Article 30 of the Law of the Special Measures for the Establishment of Owner-Farmer.
In case of the preceding paragraph, the provisions of pars. 2 to 4 inclusive of Article 12 and Article 13 shall apply with necessary modifications. In this case, the "approval of the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture and Prefecture" under pars. 2 and 3 of Article 12 shall read the "sanction of local governor."
Article 32. The Government may sell or lease its lands and things which have been decided according to par. 1 of the preceding Article (excluding the land coming under item 1 or 4 of the same paragraph) to the person subject to the provisions of par. 1, Article 41 of the same Law.
In respect to the sale or the lease mentioned in the preceding paragraph, the provisions of Article 17, pars. 1, 2, 3, and 5 of Article 18, Article 20, Article 21 and Article 26 of the Law of the Special Measures for the Establishment of Owner-Farmer shall apply with necessary modifications. In this case, "the Agricultural Land Commission of City, Town or Village" and "the approval of the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture" in Article 17 and par. 1 of Article 18 as well as Article 8 which shall be applied mutatis mutandis under par. 5, Article 18, shall read "the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture" and "the sanction of the local governor,"
Article 33. The Government may allow the persons, mentioned in par. 1 of Article 41 of the Law of the Special Measures for the Establishment of Owner-Farmer, gratis lease or use-and-profiting of these lands, rights, standing trees or structures which have been purchased or used by the Government in accordance with the provisions of Article 30 of the same Law, or, of the Government-owned lands and things which have been decided according to par. 1 of Article 31 (excluding the land coming under item 4 of the same paragraph).
In case of the preceding paragraph, the provisions of pars. 1 and 2 of Article 27 shall apply with necessary modifications.
Article 34. Those lands, rights, standing trees, structures and other things acquired by the Government, by way of the purchase mentioned in the provisions of Article 3, Article 15, Article 30, par. 2 of Article 33, Article 36 or Article 37 of the Law of the Special Measures for the Establishment of Owner-Farmer, or by way of the exchange mentioned in Article 23, or by way of the purchase mentioned in par. 1 of Article 28 (including the case where this paragraph shall apply mutatis mutandis under par. 3, Article 41 of the same Law), which consist of the national property, shall come into the administration of Minister of Agriculture and Forestry.
Article 35. The necessary particulars pertaining to the ledger, as well as the items to be entered therein, or the national property as decided according to par. 1 of Article 12 of par. 1 of Article 31, and of the national property as mentioned in the preceding Article shall be determined by the Minister of Agriculture and Forestry, through the negotiation with the Minister of Finance.
In respect to the national property, the provisions of Article 33 of the Enforcement Ordinance of the National Property Law shall not apply.
Article 36. The persons, which are shown as designated by order within Article 46 of the Law of the Special Measures for the Establishment of Owner-Farmer, shall be as follows:
1. The Agricultural Land Development Corporation;
2. The Metropolis, Hokkaido, Special Prefecture or Prefecture;
3. The organization or person engaging in agricultural affairs, designated by Central Agricultural Land Commission, Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture or Agricultural Land Commission of City, Town or Village.
Article 37. The public notification which shall be effected on the basis of the Law of the Special Measures for the Establishment of Owner-Farmer or of the order based on this Law, shall be made, in case of the Central Agricultural Land Commission by the same method with that of promulgation of the ministerial ordinance; and in case of the local governor or of the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture, by the same method with that of promulgation of the Tokyo Metropolitan Governor's order, Hokkaido Torritorial Governer's order or the Prefectural Governor's order. In case of the Agricultural Land Commission of City, Town or Village, the said notification shall be made by postering at the notice-board of City Office, or Town or Village Office.
Article 38. The "competent minister" in the Law of the Special Measures for the Establishment of Owner-Farmer shall be the "Minister of Agriculture and Forestry."
Article 39. The Minister of Agriculture and Forestry may, if deemed specially necessary for the establishment of owner-farmer, cause the local governor or the Central Agricultural Land Commission to manage the affairs which, according to this Ordinance, was made subject to the jurisdiction of the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture.
In case of the preceding paragraph, Minister of Agriculture and Forestry is to administer those matters which fall within the purview of the local governor according to this ordinance, in respect to the matters which come under the administration of the local governor or Central Agricultural Land Commission in accordance with the same paragraph.
Article 40. The provisions concerning the Agricultural Land Commission of City, Town or Village under this Imperial Ordinance shall apply to the Divisional Agricultural Land Commission, in case where the Division within a City, Town or Village has such Divisional Agricultural Land Commission. In this case, "the Agricultural Land Commission of City, Town or Village established in the City, Town or Village adjacent thereto" in Article 2, shall read "the Agricultural Land Commission of City, Town or Village established in the City, Town or Village adjacent thereto; or the Divisional Agricultural Land Commission established in the Division Adjacent to the said Division."
Article 41. The provisions concerning town or village under this Imperial Ordinance shall apply, in case where the town or village union which deals jointly the whole of the business of towns or villages or the task of the office exists in the locality, to the said union and in a locality to which the Law concerning the Organizations of Town or Village is not applied, the above-mentioned provisions shall apply to those persons corresponding to those referred above.The provisions concerning city under this Ordinance shall apply to such Ward of Tokyo Metropolis, Kyoto City, Osaka City, Yokohama City, Nagoya City and Kobe City, as designated by the local governor.
Supplementary Provisions:
Article 42. The present Imperial Ordinance shall come into force as from December 29, 1946.
Article 43. In case where any tenant who was operating farming on a tenanted land as of Nov. 23, 1945 appeals in accordance with the provisions stated in par. 2 of Additional Provisions of the Owner-Farmer Establishing Special Measures Law, for mapping out the agricultural land purchasing plan to an Agricultural Land Commission of a City, Town or Village, the commission shall decide the agricultural land purchasing plan as for that land on the base of status as of 23 Nov. 1945.
Article 44. In case where a City, Town or Village agricultural land commission fails to decide an agricultural land purchasing plan of the said land prescribed in the preceding Article, the applicant may appeal within one month after that session to the Prefectural Agricultural Land Commission to cause the said city, town or village agricultural land commission to decide an agricultural land purchasing plan in accord with the said paragraph.
Article 45. In case where a person who had the right of possession, lease and the like on a land at the time of decision of the agricultural land purchasing plan in accordance with the provisions of Art. 6 of the Owner-Farmer Establishing Special Measures Law, is different from as of Nov. 23, 1945 an agricultural land commission of a city, town or village shall discuss whether or not to decide the agricultural land purchasing plan on the basis of status as of Nov. 23, 1945, in accordance with the provision of par. 2 of the Supplementary Provisions of the said Law.
In case where an agricultural land commission, after the result of discussion of the preceding paragraph, does not decide the agricultural land purchasing plan on the basis of status as of Nov. 23, 1945, in accordance with the provision of par. 2 of the Supplementary Provisions of the Owner-Farmer Establishing Special Measures Law, its chairman shall state that reason on the minute book.
Article 46. A part of the Fishery Registration Ordinance shall be amended as follows:
The following item shall be added next to item 5 of Article 16:
6. The transfer or the extinction of the fishery right purchased according to the Law of the Special Measures for the Establishment of Owner-Farmer, or the extinction of the right or common of piscary, which has for its object the said fishery right.
Article 47. A part of the Enforcement Ordinance of the Land Adjustment Law shall be amended as follows:
"Or par. 1 of Article 41" in Article 2 and Article 7 shall read "par. 1 of Article 41 or par. 1 of Article 23, par. 1 of Article 30 or par. 1 of Article 32 of the Enforcement Ordinance of the Law of the Special Measures for the Establishment of Owner-Farmer."
Within Article 10, "or item 3, item 4 of par. 1, Article 31, the Enforcement Ordinance of the Law of the Special Measures for the Establishment of Owner-Farmer" shall be added next to "Article 16 or item 2 of par. 1, Article 30 of the present Law."
Within Article 39 "Article 17" shall read "Article 15,"
Within Article 43, "Article 29" shall read "Article 28-3."
Article 48. A part of the Regulations governing the Organization of Land Reclamation Commission shall be amended as follows:
Within par. 3 of Article 1 "or the Central Agricultural Land Commission" shall be added next to "the Minister of Agriculture and Forestry," and "or the Agricultural Land Commission of Metropolis, Hokkaido, Special Prefecture or Prefecture" shall be added next to "local governor."