Part of the Agricultural Land Adjustment Law shall be amended as follows:
"Prefectural governor" shall read "governor of the Metropolis, Hokkaido, or prefecture" and "Imperial Ordinance" shall read "Cabinet Order."
In Art.1, "relations as between the agricultural lands" shall real "relations as between the agricultural lands and etc."
In Art.2, the following three paragraphs shall be inserted:
In the present Law, the forest used for making firewood and charcoal shall mean land (including trees growing on it) which is employed for gathering such material woods branches, fallen branches and the others, to serve as materials of firewood and charcoal for home-consumption of farmer.
In the present Law, grassland shall mean the land employed or capable of being employed for gathering such grasses and fallen leaves as may be used as fertilizers and foodstuffs or materials thereof.
In the present Law, pasture land shall mean the one employed or capable of being employed for feeding live-stock.
In Art.3, Par.1, "city, town or village Agricultural Association" shall be deleted.
In Art.4, Par.1, for "the agricultural land" shall read "the agricultural land, the grassland or the pasture land (exclusive of agricultural land or land used chiefly for the object of afforestation or land rerely used as pasture or grassland)."
In Item 2 of Art.5, "the Metropolis, Hokkaido, a Special Prefecture, a prefecture, or an Agricultural Land Development Corporation," shall read "or the Metropolis, Hokkaido, a prefecture."
In Art.6-2, Par.1 and Art.6-(4), Par.1, "the Land Tax Law" shall read "the Land Book Law."
In Art.9, Par.3, "rescind the lease" shall read "cancel the lease (including cancellation of the lease by agreement;hereinafter the same);in Par.4 of the same Article," the preceding paragraph "shall read" Par.3,"and a following paragraph shall be inserted neat to Par.3 of the same Article:
The approval mentioned in the preceding paragraph may be subject to one or more conditions as the case may be.
The provisoe of Art.9-(2), Par.1 shall be deleted.
In Art.10, Art.11, Par.1 and Art.12, Par.1, "Farm Tenancy Officer" shall read "Farm Tenancy Officer of Farm Tenancy Local Officer (Kosaku-shuji)."
Article 14-(2). The provisions of Arts.8, 9, and 9-(10) shall apply mutatis mutandis to the lease and other contracts for use made for a consideration respecting the forest fire-wood and charcoal grassland or pasture land.
Article 14-(3). In case the right of use of the land or tree is necessary for a farmer or association as specified by Ministerial Ordinance to gather such material woods, branches, fallen branches and the other to serve as materials of fire-wood and charcoal for home-consumption, to gather such grass and fallen leaves to serve as fertilizers and foodstuffs or those materials, or to feed live-stocks for the purpose of breeding and raising while engaged in cultivation, he may, with the approval of the city, town or village agricultural land commission demand the owner of the land or the trees or the person having right (excluding the government), with respect to creation of the right of use.
When city, town, or village Agricultural Land Commission intends to give the approval as mentioned in the preceding paragraph, it shall, in compliance with the rules established by Ministerial Ordinance, the opinion of the owner of the land or the trees, the person having any right concerning it, the person intending to obtain the approval as mentioned in the same paragraph, the headman of the city, town or village, and the representatives of the Agricultural Land Commission of the Metropolis, Hokkaido, Prefecture or the Reclamation Commission of the Metropolis, Hokkaido, or Prefecture, or the Forestry Association or the Pasture Association, which operates in the whole or part of the area of the city, town or village, and the other associations as specifiee by Ministerial Ordinance.
If no agreement has been arrived at or no negotiation made in cases mentioned in Par.1, any person, who obtained the approval as mentioned in the same paragraph, may, in compliance with the rules established by Ministerial Ordinance, apply for a ruling by the city, town, or village Agricultural Land Commission with regard to the creation of the right of use concerning the land or the trees;however, this shall not apply to the case where two months have elapsed since the day on which the approval mentioned in the same paragraph had been obtained.
Article 14-(4). When an application for ruling menetioned in Par.3 of the preceding Article has been made, city, town, or village agricultural land commission shall notify the owner of the land or tree and the other person having the right concerning it of the same, and shall publish it in compliance with the rules established by Ministerial Ordinance.
The Owner of the land or the trees, about which the application for ruling mentioned in Par.3 of the preceding Article has been made and the other person having the right concerning it may send the statement of opinion thereon to the city, town, or village agricultural land commission within two weeks from the day on which the public notification had been made.
The city, town, or village agricultural land commission shall begin the deliberation after the day on which the period mentioned in the preceding paragraph has expired.
A ruling shall not exceed the range of the application.
In the ruling, the following matters shall be written:
1. Contents and period of duration of the right of use and land or trees on which the said right is created;
2. Consideration, and way and time of its payment;
3. Time of delivery of the land or the trees;
4. Time when the usufruct becomes valid.
When a ruling has been given, city, town, or village agricultural land commission shall notify without delay the person mentioned in Par.2 of the preceding Article of the same, and shall publish it in compliance with the rules established by Ministerial Ordinance.
When a public notification has been effected in accordance with the provisions of the preceding paragraph, the agreement between the parties shall be deemed to have been arrived at.
As to the case mentioned in the preceding paragraph the provisions of the proviso of Art.272 and Art.612 of the Civil Code shall not apply.
Article 14-(5). The provisions of the two preceding Article shall not apply to the land (including standing trees growing thereon) designated by the Minister in charge in accordance with the provisions of Ministerial Ordinance for the purpose of purchase under the provisions of Article 30 or Article 37 of the Owner-Farmer Establishment Special Measures Law.
City, town or village agricultural land commission shall not give the approval as mentioned in Article 14-(3), Paragraph 1 with respect to creation of the right of use for the purpose of gathering such material wood as to be used as materials of firewood and charcoal for home-consumption of the farmer, excepting the case where it falls under any of the categories mentioned below;however, this shall not apply to the case where the approval of a governor of the Metropolisr Hokkaido, Prefecture was obtained as Provided fo, by government order.
1. The cases where any person, who had the right of use with respect to land or tree on the date of November 23, 1945, and whose lease or the other contract for the purpose of gathering such material wood as to be used as materials of fire-wood and charcoal for home-consumption of the farmer was dissolved or cancelled, or its renewal was refused after the same day, seeks negotiation with respect to creation of the right of use of the said land or trees;
2. The cases where farmers or the association to which they belong, in pursuance of the practice of gathering material wood in the forest, seeks negotiation with respect to the said forest used for making fire-wood and charcoal.
Article 14-(6). In cases where the farmers or the association as specified by Ministerial Ordinance had applied for approval as mentioned in Article 14-(3), Paragraph 1, and failed to obtain the same within two months from the day of application as is provided for in the same paragraph, he may appeal to the agricultural land commission of the Metropolis, Hokkaido, or Prefecture to request the city, town, or village agricultural land commission to give the approval as mentioned in the same paragraph.
Article 14-(7). When the owner of the land or trees or the person having the right concerning it, about which the approval as mentioned in Article 14-(3), Paragraph 1, had been obtained, entered into negotiation in accordance with the provisions of the same paragraph, he shall, except the cases where there exists no cause to apprehend that the creating of the right of use concerning the said approval might be prejudiced, neither create the right on the same land or trees nor alter the shape or quality of such land or destroy or remove such trees until the said agreement is arrived at, without the permission of the governor of the Metropolis, Hokkaido, or Prefecture. The present provision, however, shall not apply to the case where no application for the ruling as mentioned in Article 14-(3), Paragraph 3 is made within the period as mentioned in the provise of the came paragraph, in cases where the said agreement was not arrived at.
Article 14-(8). The person mentioned in Article 14-(3), Paragraph 2, who is not satisfied with the ruling mentioned in Article 14-(4), may appeal to the governor of the Metropolis, Hokkaido, or Prefecture within one month from the day on which the notification as mentioned in Paragraph 6 of the same Article was received.
If the governor of the Metropolis, Hokkaido, or Prefecture receives the appeal, he shall make a decision within one month from the day on which the period mentioned in the same paragraph ha-expired,
when a governor of the Metropolis, Hoks kaido, or Prefecture intends to make a decision as mentioned in the preceding paragraph, he shall hear the opinion of the Forest For Fire-wood and Charcoal Grassland and Pasture Land Commission of the Metropolis, Hokkaido, or Prefecture.
The rules and regulations concerning the Forest For Fire-wood and Charcoal Grassland and Pasture Land Commission of the Metropolis, Hokkaido, a Prefecture shall be provided by Cabinet Order.
In Article 15, Paragraph 2, for "the prefectural governor" shall read "the Minister in charge and the governor of the Metropolis, Hokkaido, or Prefecture."
In Item 2 of Article 15-(2), Paragraph 3, "of his land" shall be deleted, in Paragraph 4 of the same Article, "head of a family or family members" shall read "relative or his or her concert," in Paragraph 5 of the same Article, "head of a family or the family member" shall read "relative or his or her consort," and Paragraph 10 of the same Article shall be deleted.
In Paragraph 1 of Article 15-(3), "head of the family or the family member" shall read "relative or his or her consort."
Article 15-(4). Any person falling under any of the categories mentioned below shall not possess the right to vote and shall not be eligible:
2. Persons adjudged incompetent and quasi-incompetent;
3. Any person who, sentenoed to imprisonment with or without hard labor, has not as yet undergone the execution of the same imprisonment nor has ceased to undergo the same.
Article 15-(5). Affairs relating to the election shall be administered by the city, town, or village electorial administration committee mentioned in Article 181 of the Local Autonomy Law.
In Article 15-(7) "preference shall be given to a senior;in cases person elected are of the same age," shall be deleted.
Article 15-(15) shall be deleted.
Article 15-(18) shall become Article 15-(22), and Article 15-(17) shall become Article 15-(21).
In Article 15-(16), "Article 15-(13)" shall read "Article 15-(15)," and the same Article shall become Article 15-(19).
Article 15-(14), Paragraph 3 shall be deleted, the sane Article shall become Article 15-(16), and Article 15-(13) shall become Article 15-(15).
In Article 15-(12), "or a person who shares with him one and the same house on the register" shall read "and his relatives or their consorts who live in the same house," and the same Article shall become Article 15-(13).
Article 15-(11) shall become Article 15-(12), and Article 15-(10) shall become Article 15-(11).
In Article 15-(9), Paragraph 2, "headman of a city, town or village" shall read "city, town, or village electoral administration committee," and in Paragraph 4 of the same Article the following proviso shall be inserted:
However, "all commissioners" shall read "majority of more than one-half of all commissioners."
Article 15-(8) shall become Article 15-(9).
Article 15-(8). Necessary matters, other than those mentioned in the six preceding Articles, for election of the city, town, or village agricultural land commissioner shall be determined by Cabinet Order.
Article 15-(14). The governor of the Metropolis, Hokkaido, or Prefecture may order the dissolution of the city, town, or village agricultural land commission on demand of the agricultural land commission of the Metropolis, Hokkaido, or Prefecture.
When the dissolution of the city, town, or village agricultural land commission takes place, the election shall be held within two weeks from the day of the dissolution.
Article 15-(17). The provisions of Article 15-(2), Paragraphs 3 to 6 inclusive, Paragraph 8, the body or Paragraph 9, and Articles 15-(3) to 15-(14) inclusive shall apply mutatis mutandis to the agricultural land commission of the Metropolis, Hokkaido, or Prefecture;provided, however, in Article 15-(2), Paragraph 5, "five" shall read "ten," "three" shall read "six," and "two" shall read four ";in Paragraph 8 of the same Article" three "shall read" five, "in Article 15-(3) and Article 15-(10), Paragraph 2," the electorial administration committee of a city, town, or village "shall read" the electorial administration Committee of the Metropolis, Hokkaido, or Prefecture, "in Article 15-(2), Paragraph 8, Article 15-(10), Paragraph 3 and Article 15-(14), Paragraph 1," governor of the Metropolis, Hokkaido, a Special Prefecture or Prefecture "shall read" Minister in charge, "in Article 15-(10), Paragraph 2," those persons who have the right to vote and who fall under the same category "shall read" those persons who have the right to vote and who fall under the same category (in cases where electorial district is established, only those persons who belong to the same electorial district) "and" (in cases where electorial district is established, only commissioners who have been elected in the said electorial district) "shall be added next to" those persons who fall under the same category ";in Article 15-(14), Paragraph 1," the agricultural land commission of the Metropolis, Hokkaido, a Special Prefecture or Prefecture "shall read" the Central Agricultural Land Commission."
Article 15-(18). In case the decision of the agricultural land commission of the Metropolis, Hokkaido, or Prefecture, or a city, town, or village is deemed to contravene the law and order or to be very unreasonable, the governor of the Metropolis, Hokkaido or Prefecture may demand, giving the reason thereof, to hold the meeting where the decision will undergo the inquiry;provided, however, that this shall not apply to the case where one month has elapsed since the day when the decision had been made.
In case the decision of the agricultural land commission of the Metropolis, Hokkaido, or Prefecture, or a city, town or village mentioned in the preceding paragraph is deemed to contravene the law and order or to be very unreasonable, the governor of the Metropolis, Hokkaido, or Prefecture may request the Central Agricultural Land Commission or the agricultural land commission of the Metropolis, Hokkaido, and Prefecture to cancel the said decision.
The prescription mentioned in the proviso of Paragraph 1 shall apply mutatis mutandis to the case prescribed in the preceding paragraph.
In case the Central Agricultural Land Commission or a prefectural agricultural land commission is in receipt of the demand made according to the prescription of Paragraph 2, the said commission shall decide on the advisability or otherwise of the same cancellation withing month following the day which witnessed the receipt of the said demand.
Article 15-(20). Member of city, town or village agricultural land commission or member of prefectural agricultural land commission may, together with the person engaged in the business pertaining thereto, demand, free of charge, the inspection of the register or the delivery of a copy of the same, necessary for the management of the maters mentioned in Articles 15 and 15-(15), to the register office, the authorities keeping the land-book or the register of dwelling-houses, or the city, town, or village office.
Article 17-(3). In the present Law, the provisions concerning the Metropolis, Hokkaido, or Prefecture or its governor shall be applied to the previous Metropolis, Hokkaido, or Prefecture, within which Special City existed, or to its governor until such time as will be specified by order, in case special cities shall be designated in future;the provisions concerning the city or its mayor shall be applied to the Special Ward or its Chief in Tokyo Metropolis, or to the ward or its chief in the city mentioned in Paragraph 2 or Article 155 of the local Autonomy Law, or to the administrative ward or its Chief in Special City;in a town or village where the town or village association, which deals with either the whole work of the town or village or the task of the offices, operates, the provisions concerning the town or village shall be applied to the said association or the manager thereof.
In Article 17-(5), item 2, "(comprising cases where the provisions apply mutatis mutandis by virtue of Article 14-(2).)" shall be inserted next to "Article 9, Paragraph 3," in the same Articles, Item 3 shall become Item 4 and in the same Article the following item shall be added as Item 3:
3. Any person who contravenes the provisions of Article 14-(7).
In Article 17-(6), "the Items 1 and 2 or the former half of the Item 3" read "the Items 1, 2 and 3 or the former half of the Item 4."