COMPENSATION AGAINST AGRICULTURAL LOSS LAW (Law No.185, December 15, 1947)
法令番号: 法律第185号
公布年月日: 昭和22年12月15日
法令の形式: 法律
I hereby promulgate the Compensation against Agricultural Loss Law.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the twelfth month of the twenty-second year of Showa (December 15, 1947)
Prime Minister KATAYAMA Tetsu
Law No.185
COMPENSATION AGAINST AGRICULTURAL LOSS LAW CONTENTS
Chapter I. General Provisions
Chapter II. Organization of Agricultural Mutual Relief Bodies
Section I. Members of Associations
Section II. Formation
Section III. Management
Section IV. Dissolution and Liquidation
Section V. Registration
Section VI. Supervision
Chapter III. Mutual Relief Work of Agricultural Mutual Relief Association
Section I. General Rules
Section II. Mutual Relief Work concerning Crops and Mutual Relief Work concerning Silkworms and Cocoons
Section III. Mutual Relief Work concerning Live-stock
Chapter IV. Insurance Business of Agricultural Mutual Relief Insurance Associations
Chapter V. Re-insurance Business of the Government
Chapter VI. Inquiry Commission
Chapter VII. Penal Provisions Supplementary Provisions
COMPENSATION AGAINST AGRICULTURAL LOSS LAW (Law No.185, December 15, 1947)
Chapter I General Provisions
Article 1. Compensation Against Agricultural Loss purports to stabilize farm management and contribute to the increase of agricultural productivity by indemnifying such losses as any unforeseen contingency may inflict on farmers.
Article 2. Compensation Against Agricultural Loss shall consist of mutual relief work of agricultural mutual relief associations, insurance business of agricultural mutual relief insurance associations and the re-insurance business of the Government.
Article 3. Agricultural mutual relief association and agricultural mutual relief insurance association (hereinafter referred to as agricultural mutual relief bodies) shall be juridical persons.
Article 4. Either of the terms "agricultural mutual relief association" or "agricultural mutual relief insurance association" shall be used without fail in the appellation of an agricultural mutual relief association or an agricultural mutual relief insurance association.
No person other than those belonging to an agricultural mutual relief body shall use in his or her name either of the terms "agricultural mutual relief association" or "agricultural mutual relief insurance association" .
Article 5. The area covered by agricultural mutual relief association shall be the same with that of a city (or a ward of those cities provided for in Art.155, Par.2 of the Local Autonomy Law. The definition shall be effective hereinafter in the present article), town, village or a special locality. In case special reason requires it, however, departure from the provision of the present article may be permitted.
The area covered by agricultural mutual relief insurance association shall be the same with that of a prefecture.
Article 6. Agricultural mutual relief body shall be situated in the locality where its main office transacts business.
Article 7. Matters necessary to be registered under the provisions of the present Law, cannot be set up against the third party prior to their registration.
Article 8. The business year of agricultural mutual relief body shall be from April 1 of the current year to March 31 of the following year.
Article 9. Agricultural mutual relief body shall be exempt from income tax and juridical person tax.
No local public body can impose business tax on agricultural mutual relief body.
Article 10. Registration made by agricultural mutual relief body in accordance with the present law, shall be exempt from registration tax.
Article 11. No stamp tax shall be imposed on the documents relating to Compensation Against Agricultural Loss.
Article 12. The Food Control Special Accounts defrays, in accordance with the provision of the Cabinet Order, part of mutual relief money payable by members of agricultural mutual relief association to the same association as regards mutual relief work concerning crops.
The money to be defrayed by the Special Accounts shall be paid into the Agricultural Mutual Relief Reinsurance Special Accounts as the annual income.
The Government shall fix the selling price of food so as to charge those persons who consume food with the money payable by members of agricultural mutual relief association to the association as is provided in Par.1 of this Article.
Article 13. The money defrayed in accordance with the provision of Par.1 of the preceding article, shall be delivered to the agricultural mutual relief association concerned, to be appropriated as part of the mutual relief money payable by members of agricultural mutual relief association to the same association.
The money deliverable to agricultural mutual relief association in acccordance with the provision of the preceding pargraph, may be delivered, not to the same association, but, instead thereof, to the agricultural mutual relief insurance association to which the said mutual relief association belongs, in order to be appropriated as part of the premium payable by the said mutual relief association to the mutual relief insurance association, or may be paid into the income accruing from re-insurance premium of Agricultural Mutual Relief Re-insurance Special Accounts, to be appropriated as part of the re-insurance premium payable by the agricultural mutual relief insurance association concerned.
Article 14. In conformity with the provision of the Cabinet Order, the office expenses required by agricultural mutual relief body shall be defrayed by the National Treasury within the amount of the budget of every financial year.
Chapter II Organization of Agricultural Mutual Relief Bodies
Section I. Members of Associations
Article 15. Persons entitled to membership of agricultural mutual relief associations are those who have any one of the following qualifications, except in those cases which are provided for otherwise by the articles of association in accordance with order:
1. Those resident in the area where the association concerned carries on its business and who are engaged either in the growing of paddy-rice, wheat, barley, oats and other kinds of crops mentioned in Item 1, Par.1, Art.84, or in sericulture;
2. Those resident in the area where the association concerned carries on its business and who possess or raise cattle, horses, goats, sheep, boars or sows.
Persons entitled to membership of agricultural mutual relief insurance association are the agricultural mutual relief associations located in the area where the same association carries on its business.
Article 16. When an agricultural mutual relief association comes into being, all the persons who have the qualification stipulated in Item 1, Par 1 of the foregoing article shall acquire membership of the same association. After the formation of the association, all the persons who have come to fall under the same Item, shall acquire membership in the same way.
When agricultural mutual relief insurance association comes into being, all the agricultural mutual relief associations whose area of operation covers part of the area of operation of the said mutual relief insurance association, shall obtain membership of the same association. It shall be the same with the agricultural mutual relief association which comes into being and whose area of operation covers part of the area of operation of the agricultural mutual relief insurance association which has already come into being.
Agricultural mutual relief association shall not, without proper reason, refuse to admit into the same those persons applying for admittance into the association who possess only the qualification specified in Item 2, Par.1 of the preceding article.
Article 17. Each member of agricultural mutual relief body shall have one vote and one elective franchise of officials of the body.
Article 18. Each member of agricultural mutual relief body may, in conformity with the stipulations of the articles of association, vote by document or by proxy on such matters as he or she has been informed of beforehand in accordance with the stipulations of Art.38, Par.3 of the present Law.
A person who votes conformably to the foregoing stipulation shall be deemed to be the person present at the meeting.
A proxy shall not represent two members or more.
A proxy must submit to the agricultural mutual relief body the document certifying his or her right of representation.
Article 19. Any member of agricultural mutual relief body shall withdraw from the body he or she belongs to for any one of the following reasons:
1. Loss of qualification for membership;
2. Death of a member or dissolution of the body whereto a member belongs.
Those members of agricultural mutual relief association who come under only Item 2, Par.1, Art.15, shall withdraw from the same association by the nullification of all the mutual relief relations, except on the grounds of either of the aforesaid reasons. The present disposition, however, shall not apply to those cases which are specially provided for in the articles of the association.
Section II. Formation
Article 20. In order to form an agricultural mutual relief association, fifteen or more of persons prescribed in Item 1 or Item 2 of Art.15, Par.1 must be promoters thereof, while two or more agricultural mutual relief associations shall be necessary as promoters in forming an agricultural mutual relief insurance association.
Article 21. As a preparatory course to the formation, promoters must draw up a program as regards the qualifications of members as well as the area where the association will function, giving public notice thereof prior to the given period. announcing, at the same time, the date and the place of the preliminary meeting for organization, which must be held without fail.
The above-stated period shall not be less than a fortnight.
Article 22. At the preliminary meeting for organization, persons who will draw up the articles of association (hereinafter referred to as drafting committee of articles of association) shall be selected from among those persons who have attended the meeting with the qualification of member (or member of agricultural mutual relief association in case the said person is the said association) and, at the same time, the area of operation, the qualification of member, and other matters which form the basis in drawing up articles of the association shall be decided.
Number of the foregoing drafting committee shall not be less than fifteen persons.
Proceedings of the preliminary meeting for organization shall be decided with the consent of a majority of those present thereat who are qualified as members as is prescribed in the program mentioned in Par.1 of the preceding article.
Article 23. When the drafting committee of articles of association has made up the articles, the promoters shall, prior to the definite period, give a public notice of these articles, together with the date and the place of the constituent general meeting, and shall hold the said meeting without delay. In case of the formation of agricultural mutual relief association, however, no constituent general meeting shall be held without the consent of more than two-thirds of those qualified as members in accordance with the provision of Art.15, Par.1, Item 1.
The definite period mentioned in the preceding paragraph shall not be less than a fortnight.
Approval of the articles made up by the drafting committee of articles of association, framing of business plan and decision of other matters necessary for the formation of the association, must depend on the resolution of the constituent general meeting.
The constituetn general meeting may amend the articles of association mentioned in the preceding paragraph;this shall not apply, however, with regard to the stipulations concerning the area of operation and the qualifications of members of the association.
Proceedings of the constituent general meeting shall be decided with the consent of more than two-thirds of the voting of the whole attendants who, in turn, comprise a majority of those qualified as members and, who have informed, previous to the date of meeting, the promoters of their consent to the formation of association.
Persons mentioned in the preceding paragraph may, either through document or by proxy, exercise their right of voting.
As to the constituent general meeting, the provisions of Art.17, Art.18, Pars.2 to 4 inclusive of the present Law as well as of Art.66 of Civil Code shall apply mutatis mutandis.
Article 24. Promoters shall, immediately after the constituent general meeting, submit the articles of association and the business plan to the administrative authorities and thereby request the approval of the formation of association.
In case the administrative authorities require it, the promoters must submit the report on the formation of agricultural mutual relief body to the same.
Article 25. When the request for approval mentioned in Par.1 of the foregoing article has been made to it, the administrative authorities must approve the formation of association in compliance with the said request, except when the proceedings of formation or the articles of association or the substance of the business plan, contravene laws and regulations or dispositions prescribed by the administrative authorities in conformity with the same laws and regulations.
Article 26. When a request for approval has been made in accordance with the provisions of Art.24, Par.1, the, administrative authorities shall notify the promoters, within a month reckoning from the day when the request was duly received, whether an approval has been given or not.
If the administrative authorities fail to give the notification referred to above within the period prescribed above, the approval prescribed in Art.24. Par.1, shall be deemed to have been given to the promoters. In this case the promoters may request the administrative authorities for a certificate of the approval.
In case the administrative authorities give notice of disapproval, the reason for the same disapproval shall be stated in the notice.
In case the promoters have instituted an action for the revocation of disapproval, and the court has decided in favour of them, the approval prescribed in Art.24, Par.1, shall be deemed to have been given on the day whereon the decision was given. In this case, the stipulation mentioned in the latter part of Par.2 of the same article shall apply mutatis mutandis.
Article 27. In case the approval for formation prescribed in Art.24, Par.1 has been given, the promoters shall hand over their duties to the directors without delay.
Article 28. Agricultural mutual relief body shall come into being through the registration of its formation at the seat of its main office.
Article 29. In case a prefectural agricultural mutual relief insurance inquiry commission proposes for it, the prefectural governor may, if he or she deems it necessary, fix the area of operation, decide the qualifications of members, and order the persons who enjoy membership to form an agricultural mutual relief association in accordance with the provision of order.
The persons ordered to form the association according to the provision of the preceding paragraph, must, in compliance with the provision of order, hold a constituent general meeting, draw up the articles of association and other matters necessary for the formation, and then obtain the approval of the prefectural governor concerned with regard to the formation.
Article 30. The articles of association of agricultural mutual relief body shall contain the following particulars;
1. The object;
2. The name;
3. The area within which it operates;
4. The location and address of its office;
5. Provisions relating to qualifications, entrance into and retirement from the body of members;
6. Provisions relating to mutual relief money payable by members, premium and office expenses;
7. Provisions relating to responsibility of mutual relief or responsibility of insurance;
8. Provisions relating to number as well as election of officials;
9. The amount of reserve funds and the method of its accumulation;
10. Provisions relating to disposal of surplus funds and covering of deficit;
11. Method of publication.
The administrative authorities may, if need be, draw up the examples of model articles of association.
Section III Management
Article 31. An agricultural mutual relief body shall have directors and inspectors as its officials.
The number of directors shall be five or more, while that of inspectors shall be two or more.
The officials shalll be elected at a general meeting in corformity with the provision of the articles of association. The officials at the time of formation of the body, however, shall be elected at the constituent general meeting.
Officials shall be elected by secret voting.
One member shall have one vote.
Three-fourths or more of the directors shall be members (or members of agricultural mutual relief association in case the said association is a member of the body) of the body;however, the directors at the time of formation of the body shall be those persons who have agreed to the formation of the body (or the members of agricultural mutual relief association in case the said association has agreed to the said formation).
Article 32. The tenure of office of officials shall be one year, except when the articles of association have provided otherwise for the tenure of office not exceeding two years.
The tenure of office of officials at the time of formation shall be as will be fixed at the constituent general meeting, notwithstanding the provision of the preceding paragraph;provided the term shall not exceed one year.
Article 33. No direcotr shall be at the same time an inspector or an employee of agricultural mutual relief body, while no inspector shall be concurrently a director or an employee of agricultural mutual relief body.
Article 34. An inspector shall act on behalf of the agricultural mutual relief body in any contract to be made between the said body and its director. An inspector shall act the same in any lawsuit pending between the said body and its director.
Article 35. The directors must convene a general meeting once every business year.
Article 36. The directors must convene a general meeting within twenty days counting from the day when they have received from a member of the body, signed by more than one-fifth of the whole members, a document asking for a convocation of general meeting, with a statement of the agenda and the reason thereof.
Article 37. In case there is no one to perform the duties of director, or when directors neglect, without good reason, to take steps to convene a general meeting when they have received the above-mentioned request, inspectors must convene the same meeting without delay.
Article 38. Any notice or summons sent from cultural mutual relief body to its members needs only to be addressed to their residences kept in the list of members, or to the places which they have designated as convenient for receiving such notices or summons, and of which the mutual relief body has been informed beforehand.
The foregoing notice or summons shall be deemed to have reached its destination after the lapse of such time as it ought to have taken.
A notice informing members of the convocation of a general meeting shall be given at least ten days previous to the day of the meeting, accompanied with the agenda of the meeting.
Article 39. Directors shall keep at each office a copy of the articles of association and the proceedings of general meetings, and, conformably to the provision of order, a list of the members at the main office.
Any member and creditor of agricultural mutual relief body may demand the inspection of the document mentioned in the preceding paragraph.
Article 40. Directors shall, at least a week previous to the day fixed for an ordinary general meeting, submit, to inspectors a business report, an inventory, a balance-sheet, profit and loss account, a plan for the disposal of surplus funds or a plan for the covering of deficit, and shall keep them at the main office.
Any member or creditor of agricultural mutual relief body may demand the inspection of the documents mentioned in the preceding paragraph.
When the documents mentioned in Par.1 are submitted to an ordinary general meetin, they shall be accompanied with a written opinion of inspectors.
Article 41. At the request of more than one-fifth of the whole members, officials may be re-elected even during their tenure of office by resolution at a general meeting.
The request as prescribed in the preceding paragraph must be made at the same time with respect to either the whole directors or the whole inspectors. It is, however, otherwise with regard to the request for the re-election of any official who has contravened any of the provisions of laws and regulations, dispositions made by the administrative authorities in accordance with the provisions of these laws and regulations, or any of the articles of association.
The request as prescribed in Par.1 must be submitted to the agricultural mutual relief body concerned, accompanied with the document stating the reason of re-election.
Upon receipt of the document prescribed in the foregoing paragraph, the agricultural mutual relief body must forward the same document to the officials at least a week previous to the day of general meeting, so as to give them the time to explain themselves at the general meeting.
Article 42. The provisions of Art.44, Par.1, Art.52, Par.2, Arts.53 to 56 inclusive, Art.59, Art.61, Par.1 of Civil Code shall apply mutatis mutandis to officials of agricultural mutual relief body. In this case, "judicial court" in Art.56 of Civil Code shall read "Administrative authorities" .
Article 43. The following matters shall be decided by a general meeting of members:
1. Amendment of the articles of association;
2. The amount of, and way of charging, office expenses, in case such expenses are levied on members;
3. Business report, an inventory, a balancesheet, profit and loss account, a plan for the disposal of surplus funds or a plan for the covering of deficit.
The vote of a majority of more than two-thirds of members present at a general meeting attended by half or more of the whole members, shall be required for the resolution on amendment of the articles of association.
Amendment of the articles of association shall carry no effect unless approved by the administrative authorities.
As to the abovementioned approval, the provisions of Arts.25 and 26 shall apply mutatis mutandis.
Article 44. Except the cases otherwise provided for in this Law or the articles of association, the matters brought before a general meeting shall be decided by the vote of a majority of those present at the meeting, while in case of tie, the chairman shall have a casting vote.
The chairman shall be elected by members at a general meeting.
The chairman shall have no vote at a general meeting in the qualification of a member.
Article 45. As to general meetings the provisions of Arts.64 and 66 of Civil Code shall apply mutatis mutandis. In this case, "Article 62" mentioned in the said Art.64, shall read "Art.38, Par.3 of Compensation Against Agricultural Loss Law" .
Section IV. Dissolution and Liquidation
Article 46. Agricultural mutual relief body shall be dissolved for any one of the following reasons:
1. Resolution of a general meeting;
2. Amalgamation of agricultural mutual relief associations;
3. Bankruptcy of agricultural mutual relief association;
4. Order of dissolution as provided for in Art.80, Par.2.
As to resolution of dissolution, the provision bers concerned. of Art.43, Par.2 shall apply mutatis mutandis.
Resolution of dissolution shall carry no effect unless approved by the administrative authorities.
As to the case mentioned in the preceding paragralph, the provisions of Arts.25 and 26 shall apply mutatis mutandis.
Article 47. When agricultural mutual relief body is dissolved, except the cases of amalgamation of agricultural mutual relief associations, all the mutual relief relations and insurance relations shall come to an end.
In the case stipulated above, mutual relief money and premium paid up by members for the unexpired term shall be paid back to the members concerned.
Article 48. When agricultural mutual relief associations are to be amalgamated, a general meeting must pass a resolution of amalgamation.
As to the preceding case, the provision of Art.43, Par.2 shall apply mutatis mutandis.
The amalgamation shall carry no effect unless approved by the administrative authorities.
As to the preceding case, the provisions of Arts.25 and 26 shall apply mutatis mutandis.
Article 49. When agricultural mutual relief association has passed a resolution of amalgamation, it shall draw up, within a fortnight counting from the day which witnessed the same resolution, an inventory and a balance-sheet.
Agricultural mutual relief association must, within the abovementioned period, notify its creditors to the effect that they shall inform, within a fixed period, the association of their objection, if they have any;further, the association must communicate the same to each of the creditors recognized as such.
The fixed period mentioned in the preceding paragraph shall not be less than a month.
Article 50. In case creditors of agricultural mutual relief association have offered no objection within the above-stated period, they shall be deemed to have duly recognizd the said amalgamation.
In case creditors have offered objection, the agricultural mutual relief association shall liquidate their debt or offer them some proper security, or trust a trust company or a bank carrying on trust business, with an appropriate amount of property, and this with the object to compensate the said creditors.
Article 51. In order to form agricultural mutual relief association by amlagamation, organizing committees selected from among members at the general meeting of respective association must conjointly draw up the articles of association, select officials, and effect other acts necessary for the formation of the association.
The officials mentioned in the foregoing paragraph must be selected from among members of the associations to be amalgamated.
As to the selection of the organizing committees prescribed in Par.1, the provision of Art.43, Par.2 shall apply mutatis mutandis.
Article 52. The amalgamation of agricultural mutual relief associations shall take effect when the association which continues to exist after the amalgamation or the new association which comes into being due to the amalgamation, has effected the registration prescribed in Art.64 at the seat of its main office.
Article 53. The association which continues to exist after the amalgamation or the new association which comes into being due to the amalgamation, shall succeed to all the rights and obligations (inclusive of such rights and obligations as the association concerned holds with respect to its business, in conformity with the permission or approval or ahy other disposition of the administrative authorities) of the association which has ceased to exist owing to the amalgamation.
Article 54. When agricultural mutual relief body is dissolved due to causes other than amalgamation and bankruptcy, its directors shall be liquidators. It shall be otherwise, however, when a general meeting has selected as liquidators persons who are not directors.
Article 55. On assuming office, liquidators shall, without delay, investigate the actual situation of the property of the agricultural mutual relief body concerned, prepare an inventory as well as a balance-sheet, decide upon the manner of disposal of the property, and submit the same to a general meeting for approval.
Article 56. Unless the liquidators have cleared all the debt of the agricultural mutual relief body, they shall not commence the distribution of the property of the same.
Article 57. When the business of liquidation has come to an end, liquidators shall, without delay, prepare a statement of accounts and submit the same to a general meeting for approval.
Article 58. As to dissolution and liquidation of agricultural mutual relief body, the provisions of Art.73, Art.75, Art.76, Art.78 to Art.83 inclusive, of Civil Code, and Art.35, Par.2, Art.36, Art.37-(2), Art.135-(25), Pars.2 and 3, Art.136, Par.1, Art.137 and Art.138 of Non-contentious Judicial Procedure Law shall apply mutatis mutandis. In this case, "the preceding article" mentioned in Article 75 of Civil Code shall read "Article 54 of Compensation Against Agricultural Loss Law" .
Section V. Registration
Article 59. Registration of formation of agricultural mutual relief body shall be made at the seat of its main office within a fortnight counting from the day (in the case prescribed in Art.26, Pars.2 and 4, the day on which a certificate as regards approval for formation is issued) on which the approval for formation has been obtained.
The registration of formation shall contain the following particulars:
1. Matters referred to in Art.30, Par.1, Items 1 to 3 inclusive and Item 11.
2. Offices.
3. Names and addresses of officials.
Agricultural mutual relief body must register the particulars enumerated in the preceding paragraph at the seat of its branch office within a fortnight after the registration of its formation.
Article 60. After its formation, agricultural mutual relief body, if it establishes a branch office, shall register the establishment of the same branch office at the seat of its main office within a fortnight, and it shall register the particulars mentioned in Par.2 of the preceding article at the seat of the same branch office within three weeks, and it shall register the establishment of the same branch office at the seat of other branch office within the same period.
In case a new branch office is established in the locality under the jurisdiction of a registry office in charge of the seat of the main office or the seat of branch office, the registration of the establishment of the said branch office shall be all that is required by this Law.
Article 61. In case of removal of its main office, agricultural mutual relief body shall make the registration of removal at its former seat within a fortnight and it shall make the registration of the particulars mentioned in Art.59, Par.2 at its new seat within three weeks. In case of removal of its branch office, the body shall make the registration of removal at its former seat within three weeks and it shall make the registration of the particulars prescribed in the same paragraph at its new seat within four weeks.
In case of removal of the main office or the branch office within the locality under the jurisdiction of one and the same registry office, the registration of the removal shall be all that is required by this Law.
Article 62. In case any alteration is made in the particulars prescribed in Art.59, Par.2, the registration of alteration shall be made, at the seat of the main office, within a fortnight and, at the seats of branch offices, within three week, after the said alteration.
Article 63. In case of dissolution of agricultural mutual relief body, the registration of dissolution shall be made, except in cases of amalgamation and bankruptcy, at the seat of its main office, within a fortnight, and at the seats of its branch offices, within three weeks, after the said dissolution.
Article 64. In case of amalgamation of agricultural mutual relief associations, the registration of alteration as regards the association which continues to exist after the amalgamation, and the registration of dissolution as regards the association dissolved by amalgamation, and the registration of the particulars prescribed in Art.59, Par.2 as regards the association formed by the amalgamation, shall be made, at the seat of the main office, within a fortnight, and at the seats of branch offices, within three weeks, after the amalgamation.
Article 65. Liquidators must effect the registration of their full names and addresses, at the seat of the main office, within a fortnight, and at the seats of the branch offices, within three weeks, after they have assumed their duties.
As to the registration prescribed in the foregoing paragraph, the provision of Art.62 shall apply mutatis mutandis.
Article.66. Upon the completion of liquidation of agricultural mutual relief body, the registration of completed liquidation shall be effected, at the seat of its main office, within a fortnight, and at the seats of its branch offices, within three weeks, after the day whereon the liquidation has been completed.
Article 67. As regards the registration of agricultural mutual relief body, the judicial office or its agency controlling the seat of its office shall be the competent registry office.
Each registry office shall keep a register of agricultural mutual relief associations and a register of agricultural mutual relief insurance associations.
Article 68. The registration of formation of agricultural mutual relief body shall be made in compliance with the joint application. for it through document of all officials of the body concerned.
The above-stated written application for registration must be accompanied with the articles of association and a document certifying that the applicants are the officials of the body concerned.
The abovementioned written application for registration of formation by amalgamation of agricultural mutual relief association must be accompanied with, besides the document mentioned in the preceding paragraph, a document certifying that, in pursuance of the provision of Art.49, Par.2, public notice has been given and summons delivered, and, in case a creditor raised objection to the amalgamation, that the liquidation of debt or the offering of security to the same creditor or placing in trust of appropriate property has been duly effected.
Article 69. The registration prescribed in Art.59, Par.2 shall be effected in case the directors apply for it.
Article 70. The registration as regards the establishment or removal of an office of agricultural mutual relief body, and the registration of alteration made in the particulars indicated in Art.59, Par.2 shall be effected in case the directors or liquidators apply for it.
The abovementioned written application for registration shall be accompanied with a document certifying the establishment of an office or the alteration of registrable particulars.
As to the written application for registration of the alteration due to the amalgamation of agricultural mutual relief associations, the provision of Art.68, Par.3 shall apply mutatis mutandis.
Article 71. The registration of dissolution of agricultural mutual relief body as provided for in Art.63 shall be effected in case liquidators apply for it through document, excepting the case specified in Par.3.
The preceding written application for registration shall be accompanied with a document certifying the cause of dissolution.
The registration of dissolution, in case the dissolution has been ordered by the administrative authorities, shall be effected at the request of the administrative authorities concerned.
Article 72. The registration of dissolution specified in the provision of Article 64, shall be effected at the request of the directors of the agricultural mutual relief association which ceased to exist due to the amalgamation.
As to the above case, the provisions of Art.68, Par.3 as well as of Par.2 of the preceding article shall apply mutatis mutandis.
Article 73. The written application for the registration provided for in Art.65, Par.1 must be accompanied with a document certifying the qualification of the applicants, in case the director is not the liquidator.
The written application provided for in Art.65, Par.2 must be accompanied with a document certifying the alteration effected in the registrable particulars.
Article 74. The registraiton of completed liquidation of agricultural mutual relief body shall be effected in case the liquidators apply for it.
The written application for the registration mentioned in the preceding paragraph must be accompanied with a document certifying that the liquidators obtained approval for the statement of accounts, as is prescribed in Art.57.
Article 75. As regards the registrable particulars requiring approval of the administrative authorities, the term of registration shall be computed from the day on which the written approval has been received. In cases provided for in Pars.2 and 4 of Art.26, however, the said term shall be computed from the day on which a certificate of approval has been received.
Article 76. The judicial office concerned shall give public notice of the registered particulars without delay.
Article 77. As to the registration of agricultural mutual relief bodies, the provisions of Arts.141 to 151-(6) inclusive, and Arts.154 to 157 inclusive of Non-contentious Judicial Procedure Law shall apply mutatis mutandis.
Section VI. Supervision
Article 78. The administrative authorities may order agricultural mutual relief body to furnish the same with reports, on the situation of business or of property, in case the same authorities deems it necessary, to secure the observance by the body of laws and regulations, dispositions made by the administrative authorities on the strength of these laws and regulations, or the articles of association.
Article 79. The administrative authorities must investigate the situation of business or of accounts of agricultural mutual relief body, in case any member of the same, with the consent of onetenth and more of all the members, demand the inspection by the said authorities of the business or accounts of the body concerned, on the grounds that either the one or the other presumably contravenes laws and regulations, or dispositions made by the authorities on the strength of these laws and regulations, or the articles of association.
The administrative authorities may investigate the situation of business or of accounts of agricultural mutual relief body whenever either the one or the other resumably contravenes laws and regulations, dispositions made by the said authorities on the strength of these laws and regulations, or the articles of association.
Article 80. In case the administrative authorities, on conducting the investigation prescribed in the foregoing article, ascertain that either the business or the accounts of the body concerned has contravened laws and regulations, dispositions made by the same authorities on the strength of these laws and regulations, the articles of association, it may order the body concerned to take necessary steps to redress the grievance.
In case agricultural mutual relief body has disobeyed the order specified in the foregoing paragraph, the administrative authorities may order the dissolution of the same.
Article 81. In case any member, with the consent of one-tenth and more of all the members, demands the revocation of the decision or election or result of election, within a month after the day of the same decision or election or result of election, on the grounds of presumable contradition of procedure of convocation of a general meeting, method of resolution or of election, with laws and regulations, dispositions made by the administrative authorities on the strength of these laws and regulations, or the articles or association, the said authorities may, in case it recognizes there is proof positive of the alleged contradiction, revoke the decision or election or result of election.
Article 82. Except the case provided for in Article 53, the administrative authorities referred to in this chapter shall mean a prefectural governor with respect to agricultural mutual relief association, and the competent Minister with regard to agricultural mutual relief insurance association.
Part of the competence of the abovementioned Minister may be entrusted to a prefectural governor.
Ghapter III Mutual Relief Work of Agricultural Mutual Relief Association
Section I. General Rules
Article 83, Agricultural mutual relief association shall conduct the following mutual relief works:
1. Mutual relief work concerning crops;
2. Mutual relief work concerning silkworms and cocoons;
3. Mutual relief work concerning live-stock;
The mutual relief work concerning live-stock consists of mutual relief work of dead and disused live-stock, mutual relief work of diseased and injured live-stock, and mutual relief work of new-born live-stock.
Article 84. Agricultural mutual relief association shall deliver benefit to its members for those damages that are brought about by any one of the contingencies specified below with respect to any one of the objects designated in No.1 as regards the mutual relief work concerning crops;No.2 as regards the mutual relief work concerning silkworms and cocoons;No.3 as regards the mutual relief work concerning dead and disused live-stock;No.4 respecting the mutual relief work concerning diseased and injured live-stock;No.5 regarding the mutual relief work concerning new-born live-stock.
No.1. Objects of mutual relief work: Paddy-rice, wheat, barley, oats and other food crops designated by the Cabinet Order.
Contingencies deserving mutual relief: Damages by wind, flood, drought, cold or other meteorological phenomena (including earthquakes and volcanic eruptions) as well as by diseases.
No.2. Objects of mutual relief work: Silkworms and cocoons.
Contingencies deserving mutual relief: Damages by disease of silkworms and decreased production of mulberry-leaves due to wind, flood, drought, frost, or hail-storm.
No.3. Objects of mutual relief work: Cattle, goats, sheep, boars and sows, whose age passed the end of the fifth month since birth, and horses whose age passed the end of the first year since birth.
Contingencies deserving mutual relief: Death (excluding death through butchery) and disuse.
No.4. Objects of mutual relief work: Cattle, goats, sheep, boars and sows, whose age passed the end of the fifth month since birth, and horses whose age passed the end of the first year since birth.
Contingencies deserving mutual relief: Disease and injury.
No.5. Objects of mutual relief work: Embryos of cattle comprising those on the first day of the sixth month of conception and upward until birth;cattle newly-born comprising those just born and upwards until those which arrived at the end of the fifth month since birth (excluding bulls born of milch cows, unless otherwise provided for by order);embryos of horses comprising those on the first day of the seventh month of conception and upwards until birth, and horses newly-born comprising those just born and upwards until those which arrived at the end of the year concerned.
Contingencies deserving mutual relief: Death (including still-birth and excluding death by butchery) and disuse.
The scope of disuse mentioned in No.3 of the preceding paragraph shall be fixed by order.
Article 85. Agricultural mutual relief association must start all the mutual relief works mentioned in Article 83, except in those cases which are provided for by order.
Article 86. Members of agricultural mutual relief association must, in accordance with the articles of association, pay the fixed sum of mutual relief money to the association he or she belongs to.
Article 87. Agricultural mutual relief association may, in pursuance of the provisions of the articles of association, collect from its members the business expenses apart from those defrayed by the National Treasury in accordance with the provision of Article 14.
The provision of the preceding paragraph shall apply to the expenses devoted to defrayal of allotment collected from members of the association in accordance with the provision of the preceding paragraph which applies mutatis mutandis to Article 132.
Article 88. The right to collect mutual relief money and the allotment provided for in the preceding article or to get the same money and the allotment paid back or restored, as well as the right to get benefit paid or restored, shall become null and void by prescription when it is not exercised for a year.
Notification concerning the collection of mutual relief money and allotment specified in the preceding paragraph, to be made by agricultural mutual relief association in accordance with the articles of association, shall remain effective as discontinuance of prescription, in spite of the provision of Article 153 of Civil Code.
Article 89. The right to payment of benefit shall be inalienable and unseizable.
Article 90. No member of agricultural mutual relief association may refuse to pay the mutual relief money and the allotment prescribed in Article 87 payable to the association by reason of an offset account with the same association.
Article 91. The amount of benefit payable to a member by agricultural mutual relief association, shall not be less than the amount of insurance money the said association received from agricultural mutual relief insurance association.
Article 92. In case a deficit shows in the benefit payable to its members, agricultural mutual relief association may reduce the amount of the said benefit in accordance with the provision of order.
Article 93. A transferee of object of mutual relief work concerning crops as well as silkworms and cocoons shall succeed to all the rights and obligations a transferrer holds with respect to the mutual relief relation. It is, however, otherwise with respect to the case wherein the transferee of the specific object of mutual relief work, is not a member of the agricultural mutual relief association to which the transferrer belongs.
A transferee of object of mutual relief work concerning liv-stock may, with the consent thereto of agricultural mutual relief association, succeed to all the rights and obligations a transferrer holds with respect to the mutual relief relation.
Agricultural mutual relief association shall not, without good reason, withhold the consent referred to in the preceding paragraph.
As to the transferee of object of mutual relief work concerning either crops or silkworms and cocoons, who is not a member of the agricultural mutual relief association to which the transferrer belongs, the provisions of the preceding two paragraphs shall apply mutatis mutandis.
As to the case where there has been inheritance or universal succession of objects of mutual relief work, the provisions of the preceding four paragraphs shall apply mutatis mutandis.
Article 94. Members of agricultural mutual relief association must not be remiss in the proper management of, and prevention of damages against, the objects of mutual relief work.
Agricultural mutual relief association may guide its members with respect to the aforesaid management and prevention of damages.
Article 95. Agricultural mutual relief association may instruct its members to take such measures as are specially necessary for the prevention of damages. In this case, the expenses paid by the members shall be compensated by the association.
Article 96. Agricultural mutual relief association may, in accordance with the provision of the articles of association, set up such equipment as is necessary for the prevention of damages.
Article 97. Agricultural mutual relief association may, if necessary for the prevention or judgment of damages, enter, at any time, the land or the building where an object of mutual relief work finds itself, with the object to make necessary investigations.
Article 98. In case a contingency deserving mutual relief occurs, a member of agricultural mutual relief association must inform the association of it without delay.
In case a member of agricultural mutual relief association judges that a damage which deserves the payment of benefit has occurred, the same member must inform the association of it without delay, as is prescribed in the articles of association.
Article 99. In any of the following cases, agricultural mutual relief association may be exempted from full or partial payment of benefit:
1. When its member has neglected the obligation prescribed in Art.94, Par.1;
2. When its member has disobeyed the instructions specified in the provision of Art.95;
3. When its member has neglected, in contravention of the provision of the preceding article, to inform, or has made, either with bad intentions or through gross mistakes, afalse information to the associations, of any occurrence of damage;
4. When its member has neglected, in contravention of the provision of Art.105, Par.1, to submit a detailed account of mutual relief to the association, or has made a false entry in the same account with bad intentions or through gross mistakes;
5. When its member has postponed unreasonably the payment of mutual relief money provided for in the provision of Art.105, Par.1;
6. When its member has neglected to inform, or has made, either with bad intentions or through gross mistakes, a false information to the association, of the alteration specified in Art.105, Par.3.
Article 100. Agricultural mutual relief association must, in conformity with the provision of order, set aside a legal reserve with respect to the mutual relief responsibility which exists at the end of every business year.
Article 101. Agricultural mutual relief association must, in conformity with the provision of order, set apart a legal reserve out of the surplus funds of every business year, in order to cover a possible deficit.
Article 102. In case any member of agricultural mutual relief association has, without any reason ascribable to his or her responsibility, received no benefit from the association during a definite period, and this in pursuance of the provision of order, or when the benefit the association paid to the said member does not come up to a definite sum, the association may pay back to the said member the sum corresponding to part of mutual relief money which it has received from the same member.
Article 103. As to the mutual relief work of agricultural mutual relief association, the provisions of Arts.642,643 and 646 of Commercial Code shall apply mutatis mutandis.
Section II. Mutual Relief Work Concerning Crops and Mutual Relief Work Concerning Silkworms and Cocoons
Article 104. When a person designated in No.1 of Art.15, Par.1 acquires, in accordance with the provision of Art.16, par.1, membership of agricultural mutual relief association, except such cases as are provided for in the provision of order, it shall be understood that the person and the association concerned have come to be related to each other by mutual relief relation concerning crops as well as silkworms and cocoons.
Article 105. Any member of agricultural mutual relief association must, except when it is prescribed otherwise in the articles of association, submit, previous to the commencement of the period wherein the mutual relief remains obligatory on the parties, a detailed account of mutual relief to the association he or she belongs to, with respect to objects of mutual relief work concerning crops or silkworms cocoons, and, at the same time, must pay the specific sum of mutual relief money to the association.
The, matters to be entered in the detailed account referred to in the preceding paragraph, shall be specified in the articles of association.
In case any alteration is made in the substance of the said detailed account submitted by a member to the association in accordance with the provision of Par.1, the said member must inform the association of the same alteration without delay as is prescribed in the articles of association.
Article 106. The amount of benefit of mutual relief work concerning crops and that of mutual relief work concerning silkworms and cocoons, shall be fixed uniformly by the articles of association, ranging between the maximum and minimum amounts fixed by the competent Minister, on the basis of half the amount of price of products as classified by the quantity obtained per unit of respective kind of objects of mutual relief.
Article 107. The rate of mutual relief money to be fixed for the city, town or village concerned (or a ward of those cities specified in Art.155, Par.2 of the Local Autonomy Law. The definition shall be effecitve hereinafter in the present article) as regards mutual relief work of crops and mutual relief work of silkworms and cocoons, stall be specified in the articles of association with regard to respective object of mutual relief, within the limit not going below the normal rate of mutual relief money fixed for the particular class, which is determined by the degree of risk to which the said city, town or village is exposed.
The preceding normal rate of mutual relief money shall be so fixed by the competent Minister as, first, to make its arithmetical average weighted with the total amount of benefit regarding respective class of risk in a prefectural area, correspond with the standard rate of mutual relief money, and next, to make the ratio among respective normal rate of mutual relief money as classified by degree of risk, correspond with the ratio of index-numbers standing for the respective degree of risk.
The respective class of risk mentioned in the preceding paragraph, cities and towns and villages as well as special wards as classified according to the preceding classes of degree of risk, and the index-numbers representing the degree of risk of respective class, shall be designated by prefectural governor with regard to respective object of mutual relief.
The standard rate of mutual relief money shall be the total of the following rates, calculated with respect to each object of mutual relief work:
1. The rate to be fixed by the competent Minister with regard to respective kind of objects of mutual relief, on the basis of those annual rates of damage in the prefecture concerned during a definite period to be fixed by order (to be simply called the rate of damage hereinafter in this article), of which rates, the rates serving as the said basis being, with regard to those rates not exceeding the standard rate of damage to be fixed by the competent Minister with regard to respective kind of objects of mutual relief (to he simply called the standard rate of damage hereinafter), the same rates of damage;while with regard to those rates exceeding the standard rate of damage, the same standard rate of damage (hereinafter the rate shall he called the ordinary standard rate of mutual relief money).
2. The rate try be fixed by the competent Minister with regard to respective kind of objects of mutual relief, on the basis of the rates of damage, of which rates, the rates serving as the said basis being, with regard to those rates of damage which exceed the standard rate of damage but which do not exceed the definite rate to be fixed by the competent Minister with regard to respective kind of objects of mutual relief, the rate representing the part exceeding the standard rate of damage;while with regard to those rates which exceed the said definite rate, the rate representing the part exceeding the standard rate of damage but not exceeding the said definite rate (hereinafter the rate shall be called the extraordinary standard rate of mutual relief money).
3. The rate to be fixed by the competent Minister with regard to respective kind of objects of mutual relief, on the basis of the rate representing the part of the rate of damage in excess of the definite rate specified in the preceding item (hereinafter the rate shall be called the super-extraordinary standard rate of mutual relief money).
The ordinary standard rate of mutual relief money, the extraordinary standard rate of mutual relief money, and the super-extraordinary standard rate of mutual relief money, specified in the preceding paragraph, shall be, as a rule, amended every fifth year.
Article 108. In case a particular member postpones the payment of mutual relief money concerning mutual relief work of crops and mutual relief work concerning silkworms and cocoons, the city, town or village or special ward authorities concerned, at the request of the agricultural mutual relief association to which the same member belongs, shall make the said member pay the arrears due to the said association as in the case of arrears of local taxes. In this case, the agricultural mutual relief association must concede 4% of the sum collected to the said authorities.
In case the city, town or village or special ward authorities either neglects to collect the arrears within thirty days counting from the day on which it received the above-said request, or does not secure the arrears within ninety days counting from the said day, the agricultural mutual relief association concerned may, with the approval of the prefectural governor concerned, collect the arrears for itself. As to the case in point, the provisions of Art.225, Pars.1 and 4 of Local Autonomy Law shall apply mutatis mutandis.
The money collected in pursuance of the provisions of the preceding two paragraphs, shall, in the order of preferential right, be placed after the dues collected by city, town or village or the like;while, with regard to its prescription, it shall follow the example of local taxes.
Article 109. Agricultural mutual relief association shall, in the following cases, pay to its members the benefit the amount of which corresponds with the sum obtained by multiplying the amount of benefit by a particular rate fixed by order in accordance with the extent of damage:
1. With respect to mutual relief concerning crops, when the decrease of production due to contingency requiring mutual relief exceeds 30% of the normal production of the farm-Land concerned;
2. With respect to mutual relief concerning silkworms and cocoons, when the decrease of production due to contingency requiring mutual relief exceeds 40% of the normal cocoon production obtained per unit by the member concerned.
Article 110. The term of responsibility for mutual relief concerning crops as well as for mutual relief concerning silkworms and cocoons, shall be any one of the terms specified in the following items:
1. With respect to paddy-rice, the period between transplantation of young plants (or the budding period of seeds, in case seeds are sown directly on rice-fields) and harvesting period;as regards wheat, barley, oats, the period between the budding period of seeds (or the transplanting period, in case of transplantation) and the harvesting period;with regard to other crops, the interval between the similar periods.
2. With regard to silkworms and cocoons, the period between the budding period of mulberry and the production of cocoons at the final stage of silkworm raising.
Section III. Mutual Relief Work Concerning Live-stock
Article 111. In case a member of agricultural mutual relief association has proposed to the same association for participation in mutual relief work concerning live-stock, the association shall not reject the abovementioned proposal, except in any one of the following cases or in cases where such rejection is justifiable:
1. Whereas a proposal for participation in mutual relief concerning diseased and injured live-stock is, made as regards animals as yet uncovered by the mutual relief work concerning. dead. and disused live-stock, no simultaneous proposal for participation in_mutual relief work concerning dead and disused live-stock is made as, regards the said animals.
2. Whereas a proposal for participation in mutual relief concerning new-born live-stock. is made as regards embryos of parent animals as yet uncovered by the mutual relief work concerning dead and disused live-stock, no simultaneous proposal for participation in mutual relief work concerning dead and disused live-stack is made as regards the said animals.
Article 112. With regard to mutual relief work concerning live-stock, agricultural mutual relief association assumes the responsibility therefor on the day following the day whereon the same association is in receipt of mutual relief money except those eases which are prescribed otherwise in the articles of association.
The period of payment of mutual relief money of mutual relief work concerning dead and disused live-stock and of diseased and injured livestock, shall be one year. The period, however, shall he specified otherwise in the articles of association, in case special reason requires it.
Article 113. Any one of the animals specified below can never enjoy the benefit of the mutual relief work concerning dead and disused live-stock:
1. Cattle aged twelve and upwards and horses aged seventeen and upwards;
2. Goats and sheep aged seven and upward and boars and sows aged six and upwards.
The mutual relief relation concerning dead and disused live-stock, established for the first time within two years previous to the period wherein animals have come to fall under the specifications mentioned in the preceding paragraph, shall cease to exist at the expiry of the period of payment of mutual relief money wherein the above-stated period is comprised.
Article 114. The amount of benefit to be delivered to a member by the association as regards the live-stock covered by the mutual relief work concerning live-stock are specified below:
1. In the case of mutual relief work of dead and disused live-stock, the amount of money to be fixed by the articles of association within 80% of the value of the animal concerned, and in that of diseased and injured live-stock, the amount of money to be fixed by the articles of association as not exceeds in the amount to be fixed by the competent Minister;
2. In the case of mutual relief work of newborn live-stock, the amount of money equal to, as regards an embryo, 20% of the benefit, payable to its parent animal, of the mutual relief work of dead and disused live-stock, and, as regards new-born cattle and horses aged full one month and less, the amount of money equal to the amount of the benefit payable to an embryo, and this amount is increased by 15% per month after the animals have attained the age of full one month.
Article 115. The rate of mutual relief money of live-stock payable by members to the association shall be fixed by the provision of the articles of association with regard to respective kind of objects of mutual relief.
The rate of mutual relief money mentioned in the preceding paragraph shall not be less than the standard rate of mutual relief money classified by kind of objects of mutual relief in respective area and determined by the competent Minister on the basis of the rate of damage during such definite number of years as shall be specified by order.
The standard rate of mutual relief money mentioned in the preceding paragraph shall be revised, as a rule, every fourth year.
Article 116. The amount of benefit payable with respect to mutual relief work concerning live-stock shall be any one of the amounts of money specified below:
1. In the case of mutual relief of dead and disused live-stock, the amount of money obtained by multiplying the amount of damage calculatde, by means of the method specified in the articles of association in accordance with the stipulation of order, on the basis of the value of animals just before the occurrence of contingency deserving mutual relief, by the rate between the amount of benefit and the value of an object of mutual relief.
2. In the case of mutual relief of diseased and injured live-stock, the amount of money obtained by multiplying the amount of damage inflicted on members by any one of the contingencies, by the paying rate of benefit fixed by the association, by means of the article of association, in accordance with the provision of order.
3. In the case of mutual relief of new-born live-stock, full payment of benefit as regards embryos;and the amount calculated after the manner prescribed in the preceding paragraph, as regards new-born cattle and horses.
The amount of damage specified in Item 2 of the preceding paragraph shall be calculated by means of the method specified in the articles of association in accordance with the provision of order.
Article 117. In case agricultural mutual relief association has undertaken medical examination or any other dealing, or has defrayed the expenses involved therein when any contingency deserving mutual relief of diseased and injured live-stock occurred, the association shall be deemed to have paid the benefit within the limit of the amount of the expenses involved in the said examination or any other dealing.
Article 118. In case any contingency deserving mutual relief has occurred within a fortnight counting from the day on which the responsibility for mutual relief concerning live-stock takes effect, a member of agricultural mutual relief association shall be unqualified to demand the payment of benefit;it shall be otherwise, however, when the cause of the same contingency has occurred after the day on which the association assumed the aforesaid responsibility.
Article 119. A member of agricultural mutual relief association shall be unqualified to demand payment of benefit for disused animal, when the same member has butchered the animal disused, unless the consent thereto of the association has been obtained beforehand. It shall lbe otherwise, however, when the animal has been butchered from sheer necessity.
Article 120. As to mutual relief work concerning live-stock, the provisions of Art.637, Arts.639 to 641 inclusive, Art.644, Art.645 as well as Art.649 and Art.662 of Commercial Code shall apply mutatis mutandis.
Chapter IV Insurance Business of Agricultural Mutual Relief Insurance Associations
Article 121. Agricultural mutual relief insurance association purports to secure mutual insurance relation as regards the responsibility which agricultural mutual relief association, a constituent of the said association, bears to its members through insurance business.
Article 122. When agricultural mutual relief association, which is a member of agricultural mutual relief insurance association, and its members are Article 125. Amount of insurance money payable tion shall be the amount specified below: tied together by mutual relief relations, the same agricultural mutual relief insurance association and the same agricultural mutual relief association shall be deemed to be tied together by insurance relation.
Article 123. Amount of insurance money of agricultural mutual relief insurance association shall be the amount specified below:
1. In case of mutual relief work concerning crops and mutual relief work concerning silkworms and cocoons, the amount equivalent to 90% of the amount of benefit.
2. In case of mutual relief work concerning live-stock, the amount equivalent to the total amount of benefit.
In case special reason requires it, agricultural mutual relief insurance association may, in conformity with the provision of order, fix the amount of money by means of the articles of association, to replace the amount specified in No.2 of the preceding paragraph.
Article 124. The rate of premium of agricultural mutual relief insurance association shall be equivalent to the rate of mutual relief money payable by a member.
Article 125. Amount of insurance money payable by agricultural mutual relief insurance association shall be the amount specified below:
1. In case of mutual relief work concerning crops and mutual relief work concerning silkworms and cocoons the amount equal to 90% of the amount of benefit payable by its member.
2. In case of mutual relief work concerning live-stock, the amount equal to the amount of benefit payable by its member.
As to the case specified in No.2 of the preceding paragraph, the provision of Art.123, Par.2 shall apply mutatis mutandis.
Article 126. In case agricultural mutual relief insurance association has, at the occurrence of contingency deserving mutual relief concerning diseased and injured live-stock, defrayed the necessary amount of money in the shape of medical treatment and other dealing or has actually borne the expenses involved therein, the agricultural mutual relief association which bears the responsibility of the mutual relief concerned, shall be deemed to have defrayed benefit within the limit of the amount of the expenses involved in the said medical examination or any other dealing.
In the case mentioned in the preceding paragraph, agricultural mutual relief insurance association shall be regarded as to have effected the payment of insurance money to the same agricultural mutual relief association within the limit of the amount specified in the same paragraph.
Article 127. A member of agricultural mutual relief insurance association must, when mutual relief relation has come into being between him or her and the association, inform the association of the matters relating to the said relation, in compliance with the provision of the articles of association.
In case any alteration is made in the matters of which a member has informed the association in compliance with the provision of the preceding paragraph, the same member shall inform without delay the association of the alteration as it is effected, in compliance with the provision of the articles of association.
Article 128. A member of agricultural mutual relief insurance association must give directions as regards the management as well as the prevention of damages referred to in Art.94, Par.1.
Article 129. In any one of the following cases, agricultural mutual relief insurance association may be exempted from full or partial payment of insurance money:
1. When its member has paid benefit in contravention of the law and the order concerned or the articles of association;
2. When its member has paid benefit in undue estimation of the amount of damage;
3. When its member has neglected to give the information specified in the provision of Art.127, or has given false information to the association, motivated thereto by bad intentions or through gross mistakes;
4. When its member has postponed the payment of premium without proper reason;
5. When its member has neglected to give directions stipulated in the preceding article;
6. When its member has disobeyed the instructions specified in Art.95 which applies mutatis mutandis to Art.132;
7. When its member has neglected to give the information specified in Art.98 which applies mutatis mutandis to Art.132, or has given false information to the association, with bad intentions or through gross mistakes.
Article 130. Agricultural mutual relief insurance association must, in accordance with the provision of order, classify and manage the accounts of respective kind of insurance business.
Article 131. In case a member of agricultural mutual relief insurance association institutes a civil action against the same association as regards matters concerning insurance, the same action must pass through the inquiry of prefectural mutual relief insurance inquiry commission.
The request for inquiry prescribed in the preceding paragraph shall be deemed to be a legal claim with respect to discontinuance of prescription.
Article 132. As to the insurance business of agricultural mutual relief insurance association, the provisions of Art.87, Par.1, Arts.88 to 91 inclusive, Arts.95 to 98 inclusive, Arts.100 to 102 inclusive of this Law and Art.642, Art.643, Art.646, Art.649, Art.662 of Commercial Code shall apply mutatis mutandis.
Chapter V Re-insurance Business of the Government
Article 133. The Government shall re-insure the responsibility for insurance which agricultural mutual relief insurance association bears towards its members through insurance business.
Article 134. When agricultural mutual relief insurance association and its members are tied together by insurance relation, the Government and the said association shall be deemed to be tied together by re-insurance relation.
Article 135. Amount of re-insurance money of governmental re-insurance business shall be as follows:
1. In the case of mutual relief work of crops and mutual relief work of silkworms and cocoon, the amount of money which is the surplus of the total amount of insurance money payable as regards the specific object of respective mutual relief work, over the amount obtained by multiplying the whole amount of insurance money by the standard rate of damages;
2. In the case of mutual relief work of livestock, the amount of money obtained by multiplying the amount of insurance money concerned by the rate to be fixed by the competent Minister within 90% of the said amount of insurance money.
Article 136. The rate of premium of Governmental re-insurance business shall be as follows:
1. In the case of mutual relief work of crops and that of silkworms and cocoons, the total of the standard rate of extraordinary mutual relief money and the standard rate of super-extraordinary mutual relief money;
2. In the case of mutual relief work of livestock, the same rate as that of premium.
Article 137. The amount of re-insurance money payable by the Government shall be as follows:
1. In the case of mutual relief work of crops and that of silkworms and cocoons, the surplus of the total amount of insurance money paid up as regards the specific object of respective mutual relief work, over the amount obtained by multiplying the total amount of insurance money by the standard rate of damages;
2. In the case of mutual relief work of livestock, the amount of money obtained by multiplying the insurance money paid up, by the rate of the amount of re-insurance money against the insurance money.
Article 138. When the re-insurance relation has come into being, agricultural mutual relief insurance association must inform the competent Minister of the matters relating to the same re-insurance relation, in pursuance of the provision of order.
In case any alteration is made in the substance of the matters informed in accordance with the provision of the preceding paragraph, the agricultural mutual relief insurance association must inform the competent Minister of the said alteration.
Article 139. In case agricultural mutual relief insurance association has ascertained that a contingency has occurred which requires payment of insurance money, the same association must inform without delay the competent Minister of the said contingency, in accordance with the provision of order.
Article 140. In accordance with the provision of order, the Government may be exempt from full or partial payment of re-insurance money in any one of the following cases:
1. When agricultural mutual relief insurance association has paid insurance money in contravention of laws and regulations or the articles of association;
2. When agricultural mutual relief insurance association has paid insurance money in undue estimation of the amount of damage;
3. When agricultural mutual relief insurance association has neglected to give the information specified in Art.138 or the preceding article, or has given false information, motivated thereto by bad intentions or through gross mistakes.
Article 141. In case agricultural mutual relief insurance association institutes a civil action against the Government as regards matters concerning re-insurance, the same action must pass through the inquiry of the Agriculture and Forestry Insurance Inquiry Commission.
As to the case specified in the preceding paragraph, the provision of Art.131, Par.2 shall apply mutatis mutandis.
Article 142. As to the re-insurance business of the Government, the provisions of Art.88 to Art.90 inclusive of this Law and Art.642, Art.643, Art.646, and Art.662, of Commercial Code shall apply mutatis mutandis.
Chapter VI Inquiry Commission
Article 143. Prefectural agricultural mutual relief insurance inquiry commission shall be set up in each prefecture.
Prefectural agricultural mutual relief insurance inquiry commission shall examine and deliberate upon the following matters at the request of prefectural governor, and, in addition, it shall dispose of the matters placed under its competence in accordance with the provisions of Art.29, Par.1 and Art.131:
1. Matters relating to occurrence, precautionary measures, and prevention, of agricultural disaster;
2. Matters relating to the measures necessary for fixing reasonable amounts of mutual relief money, benefit, premium, and insurance money;
3. Other important matters necessary for the proper application of this Law.
Article 144. Agriculture and Forestry Insurance Inquiry Commission shall examine and deliberate upon the matters specified in each item of the preceding article at the request of the competent Minister, and, in addition, it shall dispose of the matters placed under its competence in accordance with the provision of Article 141.
Article 145. Besides those stipulated in the preceding two articles, matters necessary with regard to prefectural agricultural mutual relief insurance inquiry commissions and the Agriculture and Forestry Insurance Inquiry Commission shall be determined by the Cabinet Order.
Chapter VII Penal Provisions
Article 146. Any person who neglects to submit the report prescribed in the provision of Article 78 or submits a false report or refuses or obstructs or evades the inspection prescribed in the provision of Article 79 shall be liable to a fine not exceeding one thousand yen.
In case the delegate or deputy or employee of agricultural mutual relief body commits the unjust acts specified in the preceding paragraph with respect to the affairs of the agricultural mutual relief body concerned, the offender shall be liable to punishment, and the mutual relief body concerned is also liable to the fine specified in the same paragraph.
Article 147. In the following cases, officials or liquidators of agricultural mutual relief body shall be liable to a fine not exceeding ten thousand yen:
1. In case they have not obtained the approval of the administrative authorities whereas they had to obtain the same in conformity with the provision of this Law;
2. In case they have neglected to effect, or have effected false, registration prescribed in this Law;
3. In case they have undertaken such enterprises as are incompatible with the object of agricultural mutual relief body;
4. In case they have contravened the provision of Article 33;
5. In case they have acted against the provisions of Art.35, Art.36 or Art.37;
6. In case they have neglected to keep the documents which ought to be kept in office as is prescribed in Art.39, Par.1 or Art.40, Par.1, or have neglected to make an entry in the said documents of those matters which ought to have been entered therein, or have made a falese entry therein or opposed, without proper reason, and in contravention of the provision of Art.39, Par.2 or Art.40, Par.2, the inspection by the public of the said documents;
7. In case they have acted against the provision of Art.41, Par.4;
8. In case they have, in contravention of the provision of Art.49 or Art.50, Par.2, amalgamated agricultural mutual relief associations;
9. In case they have either neglected to make an entry of matters which ought to have been entered, or made a false entry in the documents prescribed in Art.55 or Art.57;
10. In case they have, in contravention of the provision of Art.56, distributed the property of agricultural mutual relief body;
11. In case they have acted against the provision of Article 91 (inclusive of those cases whereto the same provision applies mutatis mutandis in pursuance of the provision of Art.132);
12. In case they have acted against the provision of Art.100 (inclusive of those cases whereto the same provision applies mutatis mutandis in pursuance of the provision of Art.132) or of Art.101 (inclusive of those cases whereto the same provision applies mutatis mutandis in pursuance of the provision of Art.132);
13. In case they have acted against the provision of Art.130;
14. In case they have liquidated debt within the term specified in Art.79 of Civil Code;Code;
15. In case they have neglected, in contravention of the provision of either Art.79 or Art.81 of Civil Code, to give public notice or have made false notification;
16. In case they have neglected, in contravention of the provision of Art.81, Par.1 of Civil Code, to apply for adjudication of bankruptcy;
17. In case they have disposed of surplus funds or reduced the amount of benefit in contravention of laws and regulations or the articles of association.
Article 148. Any person who acts against the provision of Art.4, Par.2, shall be liable to a fine not exceeding one thousand yen.
Supplementary Provisions:
Article 149. This Law shall come into force as from the day of its promulgation.
Article 150. The money to be defrayed, in accordance with the provision of Art.12, Par.1, from the Food Control Special Accounts in the fiscal year of 1947-1948 to be appropriated as mutual relief money of mutual relief concerning paddyrice, shall not be subjected to the provision of Par.3 of the same article.
Article 151. The following laws shall be abrogated:
1.Agricultural Insurance Law;
2.The law No.22 of 1943 (relating to Delivery to Members of Associations, and Apportionment to Items of Expenditure, of Part of Agricultural Insurance Premium Charged to National Treasury);
3.Live-stock Insurance Law.
Article 152. As to agricultural insurance associations, federations of agricultural insurance associations, live-stock associations existing at the time when this Law comes into effect, the laws in the preceding article, in spite of the provision of the same article, shall remain effective even after the enforcement of this Law.
Article 153. As to responsibility for mutual relief, responsibility for insurance, and responsibility for re-insurance, existing at the time when this Law comes into effect by virtue of Agricultural Insurance Law, the same Law shall remain effective in spite of the provision of Art.150. It shall be otherwise, however, with regard to the responsibilities prescribed in Par.3 of this article.
As regards city, town or village agricultural associations which assume, in conformity with Agricultural Insurance Law, the responsibility for mutual relief regarding paddy-rice when this Law comes into effect, it shall be deemed that the mutual relief relation has come into being between the city, town or village agricultural association concerned and its members when the said association has assumed the responsibility for mutual relief, the said relation being assumed to be exactly like the mutual relief relation, prescribed in this Law, concerning paddy-rice as it exists between agricultural mutual relief association and its members. In this case, the city, town or village agricultural association concerned shall be regarded as an agricultural mutual relief association, and the federation of agricultural insurance associations whereto belongs the city, town or village agricultural associations, shall be regarded as an agricultural mutual relief insurance association, and the present Law shall apply to them as such mutatis mutandis.
At the coming into operation of this Law, the responsibility for mutual relief regarding paddyrice, and the insurance responsibility as well as the re-insurance responsibility regarding paddyrice, all of which owe their existence to Agricultural Insurance Law, shall cease to exist even from the time when these responsibilities were first assumed.
Matters necessary for the coming into operation of the provisions of the preceding three paragraphs, shall be decided by order.
Article 154. As regards the live-stock insurance business carried on by live-stock insurance associations mentioned in Art.152, Live-stock Insurance Law shall remain effective even after the coming into operation of this Law, in spite of the provision of Art.151.
Article 155. On coming into being, agricultural mutual relief association shall, in accordance with the provision of order, succeed to all the rights and obligations relating to the mutual relief relation hitherto assumed by the city, town or village agricultural association whose area of operation covers fully or partially its area of operation.
Article 156. When agricultural mutual relief insurance association comes into being, the agricultural insurance associations, the federation of agricultural insurance associations, as well as live-stock insurance associations whose area of operation covers fully or partially the area of operation of the first-named association, shall be dissolved on the establishment of the said association, and the said agricultural mutual relief insurance association shall succeed to all the rights and obligations relating to the re-insurance business as well as the insurance business hitherto carried on by the federation of agricultural insurance associations, the agricultural insurance associations, or the live-stock insurance associations concerned.
Article 157. The precedent example shall be followed, even after the coming into operation of this Law, (with regard to the associations and the federations mentioned in Art.152, after Agricultural Insurance Law and Live-stock Insurance Law which have remained effective on the basis of the provision of the same article, shall become inoperative), with regard to the application of the penal provisions to the acts committed previous to the coming into operation of this Law (with regard to the associations and the federations mentioned in the same article, before Agricultural Insurance Law and Live-stock Insurance Law, which has remained effective on the basis of the provision of the same article, shall become inoperative).
Article 158. Part of Agricultural Live-stock Reinsurance Special Accounts Law shall be amended as follows:
"Agricultural Live-stock Re-insurance Special Accounts Law" shall be amended as "Agricultural Mutual Relief Re-insurance Special Accounts Law" and "the Imperial Ordinance" shall be amended as "the Cabinet Order" .
In Article 1, "Agricultural re-insurance business and live-stock re-insurance business" shall be amended as "agricultural mutual relief reinsurance business" , and "of which one" shall be deleted.
In Article 3, "agricultural re-insurance business" shall read "the re-insurance business as regards mutual relief work concerning crops, and mutual relief work concerning silkworms and cocoons" ;the words "general accounts and" shall be deleted. and "the money granted in accordance with the provision of Art.13 of Compensation Against Agricultural Loss Law" shall be inserted after "re-insurance money" .
In Art.4, "live-stock re-insurance business" shall be amended as "re-insurance business as regards mutual relief work concerning live-stock" .
In Art.5, "agricultural re-insurance business" shall be amended as "re-insurance business as regards mutual relief work concerning crops and mutual relief work concerning silkworms and cocoons" , and "live-stock re-insurance business" shall be amended as "re-insurance business as regards mutual relief work concerning live-stock" .
In Art.8, Par.2, "re-insurance money pure and simple" shall be amended as "re-insurance money" .
The full statement of Art.11 shall be amended as follows:
 The Cabinet shall prepare every fiscal year the budget of these accounts and submit the same, together with the budget of general expenditure and revenue, to the National Diet for deliberation".
Appendix:With regard to the responsibility for re-insurance stipulated in Art.153, Par.1 of Compensation Against Agricultural Loss Law, and the re-insurance business of live-stock insurance based on the provision of Art.154 of the same Law, these shall remain effective even after the coming into operation of this Law.
Article 159. Part of Agricultural Forestry Central Co-operative Bank Law shall be amended as follows:
In Art.5, "Federations of agricultural insurance associations, agricultural insurance associations, live-stock insurance associations" shall be amended as "agricultural mutual relief insurance associations, agricultural mutual relief associations" .
Appendix:As to federation of agricultural insurance associations, agricultural insurance associations, and live-stock insurance associations specified in Art.152 of Compensation Against Agricultural Loss Law, they shall remain effective even after the coming into operation of this Law.
Article 160. Part of Food Control Special Accounts Law shall be amended as follows:
In Art.6, "Agricultural Re-insurance Special Accounts" shall be amended as "Agricultural Mutual Relief Reinsurance Special Accounts" .
Prime Minister KATAYAMA Tetsu
Minister for Home Affairs KIMURA Kozaemon
Minister of Finance KURUSU Takeo
Minister of Justice SUZUKI Yoshio
Minister of Agriculture and Forestry HATANO Kanae