Part of the Owner-Farmer Establishment Special Measures Law shall be amended as follows:
"Prefectural governor" shall read "governor of Tokyo Metropolis, Hokkaido, or Prefecture" and "Imperial Ordinance" shall read Cabinet Order."
In Art.1, "and enhancing the agricultural use of land," shall be inserted after "establishing the owner-farmers promptly and widely."
Art.2, Par.1 shall be amended as follows:
As employed in the present Law, agricultural land shall mean the land employed or capable of being employed for cultivation and the pasture land shall mean the one employed or capable of being employed as pasture or grass-land (exclusive of agricultural land or land used chiefly for the object of afforestation or land rarely used as pasture or grass-land).
In Art.2 Par.3, "the preceding paragraph" and "the same paragraph" shall read "the preceding two paragraphs" and "cultivation" and "a head of the family or a family member" shall read respectively "cultivation or stock-raising" and "a relative or his or her consort," and the following paragraph shall be inserted after Par.2 of the same Article:
As employed in the present Law, pasture land employed by owner shall mean the pasture land employed as pasture or grass-land, by right of ownership, by person engaged in farming or stock-raising, while pasture land employed by tenant shall mean the pasture land employed as pasture or grass-land, by right of lease, loan for use, emphyteusis or pledge, by person engaged in farming or stock-raising.
In Art.3, Par.1, Item 1, shall "the term, when hereinafter referred to, shall be used in the same sense" shall read "hereinafter in this Article, Art.4 and Art.7, Par.2, the same" ;in Par.4 of the same Article, "Item 7" shall read "Items 7 and 8" and in Par.5 Item 1 of the same Article, next to "the area mentioned in Item 3 of Par.1" shall be added "the area specified in Art.3, Par.1, Item 3, with respect to each prefecture (whereas the area in given prefecture is subdivided into certain number of areas graded in size as specified in accordance with the provisions of Par.3)" and the following paragraph shall be added to the same Article:
In applying the provision of the Item 1 or Item 3 of the preceding paragraph to particular cases, actual cultivation of land by the specific owner-farmer or juridical person or any other body shall be justified only in those cases are specified below:
1. With respect to owner-farmer, in case the farmer holds family labor enough to do effective cultivation of the said land, or in case cultivation of the said land as subdivided is estimated as inevitably leading to decreasing productivity;
2. With respect to juridical person or other bodies, in case subdivision of the land into smaller units of cultivation cannot be accomplished without inevitably decreasing agricultural production, as well as when cultivation is indispensable for the operation of the principal business of the juridical person or other body.
In Art.4 par.1, "the head of a family or a family member" shall read "a relative or his or her consort," and in the same paragraph and Par.2 of the same Article, "Art.2, Par.3" shall read "Art.2, Par.4."
In Art.5, Item 2, "prefectural agricultural associations, city, town or village agricultural associations, agricultural practice associations, the Agricultural Land Development Corporation" shall be deleted;in Item 8 of the same Article, "or guidance of agriculture" shall read "or guidance of agriculture or chiefly the other object than cultivation as specified by Ministerial Ordinance" ;in Item 4 of the same Article, "of the land within which adjustment of town-lots is effected under Art.12, Par.1 of the City Planning Law" shall read "of the land within which adjustment of town-lots is effected and other similar land designated by the competent Minister" ;in Item 5 of the same Article, "or which is designated by the Agricultural Land Commission of Tokyo Metropolis, Hokkaido, Prefectures" shall be inserted after "which is designated by the Agricultural Land Commission of a City, Town or Village with the approval of the Agricultural Land Commission of Tokyo Metropolis, Hokkaido, a Special Prefecture or Prefecture" ;in Item 6 of the same Article, "the agricultural land which the Agricultural Land Commission of a City, Town or Village recognizes to be a land to be cultivated in the near future by the owner himself and deems it suitable that it be so cultivated" shall read "the agricultural land, which the City, Town or Village Agricultural Land Commission recognizes to be a land to be cultivated in the near future by the owner himself and deems it suitable that it be so cultivated, and the area of which not exceeds the area specified in Art.5, Par.1, Item 3 or the area specified in Par.3 of the same Article in place of the area specified in the same item, including the other agricultural land which the said owner-farmer owns" ;Item 7 of the same Article shall become Item 8 and the following Item shall be inserted after Item 6 of the same Article:
7. The land cultivated by owner, in case the owner of pasture land which was purchased by the Government in accordance with the provisions of Art.40-(2), has turned the remaining pasture land into cultivated land of his own after the time of the said purchase.
Article 5-(2). The provisions of Item 1 of the preceding Article shall not apply to the agricultural land on which particular prefecture has acquired on and after December 29, 1946 the right of lease, loan for use, or emphyteusis in order to make use of the same land in practical guidance of farming technique;however, in the case where the owner of the said agricultural land had been the owner-farmer engaged in cultivation of the said land at the time of the acquisition of those rights, if the sum of the area of the said agricultural land and that of the other land actually cultivated by the said owner-farmer does not exceed the area specified in Art.3, Par.1, Item 3 with regard to respective prefecture, all of the said agricultural land shall be exempted from purchase;and if the said sum exceeds the area specified for respective prefecture, the excessive part of the said agricultural land over the said area shall be purchased by the government.
In Art.6, Par.3, "Land Tax Law" shall read "Land Book Law," and in Par.5 of the same Article, "the city, town or village office" shall read "the office of city, town or village."
Article 6-(2) In case a tonant-farmer, who had been engaged in cultivation on the leased land on November 23, 1945 and who ceased to cultivate the same after the said day, or who has been cultivating since the said day the leased land the owner of which or the address of the said owner on the same date has changed since the said date, (for any other person, to whom was transferred after the said date the right of lease, loan for use or emphyteusis which the said tenant-farmer had held on the said leased land on the said date) or his hair, demands the city, town or village agricultural land commission to set up, in accordance with the provisions of the preceding Article, the plan for the purchase, based on the facts relating to the same land as they are found on the said date, of the agricultural land which the owner on the same date of the said leased land held on the said date, the city, town or village agricultural land commission shall lay down, based on the facts at the said date, the purchase plan of the agricultural land as regards the leased land possessed by the said owner on the base of status as of November 23, 1945.
In case the leased land which constitutes the object of the said demand falls under any one of the following cases, the city, town or village agricultural land commission shall not lay down the purchase plan of the said leased land based on the facts on the said date:
1. The leased land, whose lease was discarded or cancelled or whose renewal had been refused, in case the owner on November 23, 1945, or successor thereof later date, of the leased land as it exists on the same date discarded or cancelled (including cancellation by agreement;hereinafter the same) the lease of the same leased land, or refused the renewal of the same after November 23, 1945, the prefectural agricultural land commission deems the conduct on the part of the same owner or the successor as lawful and proper, as the result of the inquiry made into the circumstances of the owner or his sucessor and the tenant-farmer at the time the above-said discard, cancellation or renewal was effected;
2. Any leased land other than the above-mentioned, which constitutes the object of the demand mentioned in the preceding paragraph and the motive of which is unjustifiable in the viewpoint of city, town or village agricultural land commission, and the tenant-farmer of which was engaged in cultivation thereof as of the date of November 23, 1945;
3. Any leased land which constitutes the object of demand specified in the preceding paragraph 1, and on which the person who made the same demand was engaged in cultivation as of November 23, 1945, in case the tenant-farmer or the successor thereof specified in the preceding paragraph is actually, engaged in cultivation, by right of ownership, lease, loan for use, or emphyteusis, on the agricultural land whose area exceeds the area specified in Art.3, Par.1, Item 3 with regard to respective prefecture;
4. Any leased land whereon the tenant-farmer was engaged in cultivation on November 23, 1945, in case the living condition of a person who is either the owner of the agricultural land as it exists on the same date or the successor thereof and who has been cultivating the leased land which constitutes the object of the abovesaid demand, becomes very bad as compared with that of the tenant-farmer who made the demand as prescribed in the provisions of the preceding paragraph, if the government purchases the land following the purchase plan of agricultural land based on the status as it exists on the said date.
Article 6-(3). In case the city, town or village agricultural land commission fails to decide the plan for the purchase of the leased land in accordance with the provisions of Par.1 of the preceding Article, in actual possession on November 23, 1945 by the owner thereof at the same date, within two months after the day on which the said commission received the demand mentioned in the same paragraph, if the applicant makes request to prefectural agricultural land commission within one month after the expiry of the above-said term to make the city, town or village agricultural land commission decide a purchase plan of the agricultural land in accordance with the provisions of the same paragraph, the prefectural agricultural land commission shall request the said city, town or village agricultural land commission to decide a purchase plan of the agricultural land in accordance with the provisions of the same paragraph.
The provisions of Par.2 of the preceding Article shall apply mutatis mutandis to the case mentioned in the preceding paragraph;in this case, in Item 2 of the same paragraph, "the city, town or village agricultural land commission" shall read "the prefectural agricultural land commission."
Article 6-(4). In cases susceptible of the provisions of the preceding two Articles, any person (real cultivator), who had been engaged in cultivation on November 23, 1945 by reason of contract for work or other contracts on the land possessed by owner of the same (nominal cultivator) specified in Item 2, Par.5, Art.3 and who ceased to cultivate the same land after the said date, shall be deemed as tenant-farmer, and the said land as leased land.
Article 6-(5). In case the person, engaged in cultivation by reason of the right of ownership, lease, loan for use, or emphyteusis or other rights on the land, at the time of decision of the plan for the purchase of the agricultural land mentioned in Art.6 or any owner or the address thereof on the said date, has changed in the period between November 23, 1945 and the time fixed for establishing the purchase plan of agricultural land according to the provisions of Article 6, and also in case the agricultural land on November 23, 1945 has ceased to he so after the same date, city, town or village agricultural land commission may decide the plan for the purchase of the agricultural land on the base of status as of the said day, dispensing with the demand mentioned in Par.1, Art.6-2.
The provisions of Par.2, Art.6-2 shall apply mutatis mutandis to the case of the preceding paragraph.
City, town or village agricultural land commission shall deliberate on the advisability or otherwise of establishing the purchase plan of agricultural land specified in Par.1, in accordance with the provisions of Par.1, Art.6-2.
In case city, town or village agricultural land commission, as the result of deliveration mentioned in the preceding paragraph, decided to drop the plan for the purchase of the agricultural land in accordance with the provisions of Par.1, the same shall state the reason thereof in the minuts book.
In Art.7, Par.1, "the preceding Article" shall read "Article 6," and in Par.2 of the same Article, "the preceding paragraph" shall read "Par.1" and "Par.5 of the preceding Article" shall read "Art.6, Par.5" and the following paragraph shall be inserted after Par.1 of the same Article.
In case the permanent residence of any person holding the ownership of the agricultural land mentioned in the preceding paragraph situates within the limits of the city, town or village in which the said agricultural land exists, the tenant farmer engaging in cultivation on the said agricultural land on which the former person has ownership, may also wake a complaint as mentioned in the said paragraph. In this case the provision of Art.4, Par.1 shall be applied mutatis mutandis.
In Art.8, for "Par.2 of the same Article" read "Par.3 of the same Article," for "Par.3 of the same Article" read "Par.4 of the same Article," and for "Par.4 of the same Article" read "Par.5 of the same Article."
Art.9, Par.3 shall be deleted.
In Par.2 of Art.12, "except the case mentioned in Art.12-2," shall be inserted after "servitudes exist."
Article 12-(2). In cases where the agricultural land acquired by the government in accordance with the provisions of Par.1 of the preceding Article is, at the time of such acquisition, in possession of the electric enterpriser under the provisions of the Electric Enterprise Law or any person engaging in electric enterprise mentioned in the provisions of Par.2 of Article 30 of the same Law (hereinafter called only the enterpriser) for the purpose of the use for installation of electric line (excluding supporter, hereinafter in this Article the same), it shall be deemed that the right of servitude is created at such time of acquisition designating, for the intarest or the electric enterpriser, the land, which is in possession of the said electric enterpriser, as the dominant land, used for power plant, substation, switching station or structure supporting electric conductor connecting with said electric line, and said agricultural land as the servient land.
In cases where the right of lease, loan for use or superficies is at the time of acquisition hold by the electric enterpriser on the agricultural land, acquired by the government in accordance with the provisions of Par.1 of the preceding Article, for the purpose of the use for installation of electric line, it shall be deemed that the right of servitudes is created at the time of acquisition in lieu of such rights designating, for the interest of the electric enterpriser, the land which is in possession of the said electric enterpriser, as the dominant land, used for power plant, substation, switching station or structure supporting electric conductor connecting with said electric line, and said agricultural land as the servient land;provided, however, such right of servitude shall remain effective during the rematining period of the effectiveness of the former right.
The right of servitude mentioned in the preceding two paragraphs shall be in the purport that the owner of the servient land does not prejudice to the installation of the facilities of structure and the other electric line.
In case the right of servitude was created in accordance with the provisions of Par.1 or 2, if the said dominant land belongs to the Factory Foundation or Railway Foundation which is the object of the hypothec at the time of creation, the said right of servitude shall become the object of the said hypothec.
In the proviso to Par.1 of Art.13, "if the person who has the said right requests or the said person is unknown," shall read "except that the person who has the said right notifies that the government may not deposit," and in Par.3 of the same Article "and Par.3" shall be deleted.
Article 14. Any person who is not satisfied with the consideration of the agricultural land purchased in accordance with the provision of Art.3, may institute an action demanding the increase thereof;however, this shall not apply to the case where one month has clapsed from the day on which the writ was delivered or the public notice mentioned in the latter part of Par.1 of Art.9 was given.
In an action mentioned in the provisions of the preceding paragraph the state shall be the defendant.
In the principal body of Par.1 of Art.15, "the agricultural land purchased in accordance with the provisions of Art.3" and "the agricultural established" shall read respectively "the agricultural land purchased in accordance with the provision of Art.3 or the agricultural land as specified by order mentioned in Par.1 of Art.16" and "the agricultural equipment, right concerning the use of water or trees," in Item 1 of the same paragraph, "the agricultural land purchased in accordance with the provision of Art.3" and "the agricultural establishment" shall read respectively "the agricultural land purchased in accordance with the provision of Art.3 or the agricultural land as specified by the order mentioned in Par.1 of Art.16" and "the agricultural equipments, right concerning the use of water, trees" ;in item 2 of the same paragraph, "the agricultural land purchased in accordance with the provision of Art.3" shall read "the agricultural land purchased in accordance with the provision of Art.3 or the agricultural land as specified by the order mentioned in Par.1 of Art.16" ;in the same item and Par.3 of the same Article, "meadow" read "pasture land," and in Par.2 of the same Article, for "Art.12" shall read "Art.12-2."
Par.2 of Art.16 shall be amended as follows:
If deemed specially necessary, the government may sell the agricultural land mentioned in the preceding paragraph to the body specified by ministerial order.
Matters necessary for the management or sale of the agricultural land by the body to which the same land has been sold in accordance with the provisions of the preceding paragraph, shall be determined by ministerial order.
In Par.4, Art.18, "municipal office or town or village office" shall read "city, town or village office."
In Par.2 of Art.19, Pars.2 to 4 inclusive "shall read" Pars.3 to 5 inclusive, "the same Article, Par.2" shall read "the same Article, Par.3," and "the preceding Article" shall read"Art.6.
In Art.21, Par.2 "in this case, 'increase'in Par.1 of the same Article shall read'decrease'" shall be inserted after "shall be applied mutatis mutandis."
In Par.1 of Art.22, "in case the right which has been created in accordance with the provisions of Art.12, Par.2 remains attached to the agricultural land sold in accordance with the provisions of Art.16," shall read "in case the agricultural land, purchased in accordance with the provisions of Art.3, whereon exists the right that has been created in accordance with the provisions of Par.2 of Art.12, or the agricultural land as specified by order mentioned in Par.1 of Art.16 whereon exists the right of lease, loan for use, emphyteusis, superficies or servitudes that has been created, were sold in accordance with the same Article," and the following provision shall be inserted after the same paragraph.
The preceding provision, however, shall not apply to the right to the said agricultural land created, in the interest of the electric enterpriser, to be used for installation of electric line.
In the proviso to Par.2 of the same Article, "or to the case where he has acquired the right to such agricultural land as specified by the order contioned in Par.1 of Art.16 which has become extinct in accordance with the provisions of the preceding paragraph after such public notice as specified by ministerial order has been given," shall be inseted after he has acquired.
Par.6 of the same Article shall be amended as follows:
Any person who is not satisfied with the amount of compensation mentioned in Par.4 may institute an action demanding the increase there of;the present provision, however, shall not apply to the case where one month has elapsed since the day which witnessed the notification mentioned in the preceding paragraph.
In an action mentioned in the preceding paragraph the state shall be the defendent.
Article 26-(2). The government may, in accordance with the provisions of order, make a city, a town or a village to collect the consideration of the agricultural land which has been sold in accordance with the provision of Art.16.
In case a city, a town or village has lost the consideration mentioned in the preceding paragraph owing to unavoidable contingency, the government may, in accordance with the provisions of ministerial order, absolve the same from the responsibility thereof.
In case any person does not pay the consideration even when the date of payment is overdue, the government may, in accordance with the provisions of order, press the same with the payment and collect both the arrears and the fee for arrears.
The consideration mentioned in Par.1, as well as the arrears and the fee for arrears mentioned in the preceding paragraph may be collected by means of the measure for forcible collection of national tax in arrears;as a preferential right;however, it shall be placed next to the said tax in the order of execution.
In Par.1 of Art.28, "If a person to whom the agricultural land has been sold in accordance with the provisions of Art.16 his successor intends to give up cultivating the said agricultural land himself" shall read "In case any person to whom the agricultural land has been sold in accordance with the provisions of Art.16 or any person who has inherited the ownership of the said agricultural land from the said person intends to give up cultivation of the said agricultural land of his own, or in case the body mentioned in ministerial order specified in Par.2 of the same Article contravenes the provisions of ministerial order mentioned in Par.3 of the same Article" and in Par.2 of the same Article, "and Art.14" shall be inserted after "Art.6, Par.3" and to the same Article the following three paragraphs shall be added:
In case the government acquires the agricultural land by purchasing it in accordance with the provisions of Par.1, it shall, except such case as are specified by order, sell the said agricultural land without delay to the person who is likely to devote himself to farming as owner-farmer.
As to the sale of the land effected in accordance with the provisions of the preceding paragraph the provisions of Art.10, Art.16, Pars.2 and 3, Arts.17 to 21 inclusive and Arts.26 to 27 inclusive shall be applied mutatis mutandis. In this case, "the preceding Article" in Art.17 shall read "Art.28, Par.3."
As to the agricultural land sold in accordance with the provisions of Par.3, the provisions of the preceding four paragraphs shall be applied mutatis mutandis.
In Art.29, "land or buildings" shall read "rights concerning the use of water, trees, lands or buildings, and agricultural equipments, rights concerning the use of water, trees, lands or buildings in possession by government as specified by order" and "Art.26" shall read "Art.26, Art.26-2 and the preceding Article."
Article 29-(2). As to the collection of hire, farmrent, rent and the others of lands, agricultural equipments, rights concerning the use of water, trees and buildings which was purchased in accordance with provisions of Art.3 or Art.15 as well as that which as specified by order are in possession by government, the provisions of Art.26-2 shall be applied mutatis mutandis.
In Par.1, Art.30, "or onhacing the agricultural use of land" shall be inserted after "for establishing the owner-farmer" in Item 1 of Par.1, Art.30, "land other than agricultural land" shall read "lands other than agricultural land and pasture land" and in Item 3 of the same paragraph, "lands" shall read "agricultural land and pasture land," and the following item shall be inserted after Item 7 of the same paragraph:
8. Land necessary for development of agricultural land, exclusive of lands mentioned in Items 1 and 3.
9. Right concerning the reclamation of public waters.
In Par.2, Art.30, "or Item 7" shall read "Items 7 to 8 inclusive."
Article 30-(2). The Minister in charge may, if necessary for purchase or use prescribed in the preceding Article, designate the area to be purchased or used within the fixed period;provided, however, that such period must not exceed one year.
The Minister in charge must make a public notice thereof, when he has made the designation prescribed in the preceding paragraph.
When the designation in accordance with the provisions of Par.1 has been made, any one who intends to pursue any of the acts specified in the following items within the said pre-arranged area and in the fixed period provided for in the same paragraph, must obtain approval from the Governor of Metropolis, Hokkaido or Prefecture, unless otherwise provided for by ministerial order.
1. Alteration of forms and nature of land.
2. Planting or cutting trees or bamboos transfer or removal or damaging of things attached to the land.
3. Transfer of ownership to land or things attached to the land.
Act specified in Item 3, when done without the approval of the preceding paragraph, shall be void.
The Government must pay for the loss ordinarily caused by the designation under the provisions of Par.1.
In Par.1, Art.31, "preceding Article" shall read "Art.30," in. Par.4 or the same Article, "the city office or town or village office" shall read "the office of city, town or village," in Par.5 of the same Article, "Par.2, Art.7" shall read "Par.3, Art.7" and "Par.5, preceding Article" shall read "Par.5, Art.6."
In Par.2, Art.32, "the competent government official" shall read "the competent government official or public official."
Article 32-(2). Competent government official or public official or member of Agricultural land Commission of Metropolis, Hokkaido or Prefecture or a person who is engaging in the business thereof, may ask for registration office, office in charge of fishery license, office in charge of Land Ledger or House Ledger, or Office of city, town or village the inspection or a copy of necessary books relating purchase or use mentioned in Art.30 without compensation.
In Art.34, the following paragraph shall be inserted;
with regard to the case wherein the uncultivated land purchased in accordance with the provisions of Par.1, Art.30 is, at the time of the same purchase, used for installation of electric line by right of ownership, lease, loan for use or superficies, the provisions of Pars.2 and 3, Art.12 and of Art.12-2, besides the provisions to be applied mutatis mutandis in the preceding paragraph, shall apply mutatis mutandis.
In Par.2, Art.38, "and Par.1, Art.32" shall read "Par.1, Art.32 and Art.32-2," "Par.2, Art.7" shall read "Par.3, Art.7," and "Par.5, preceding Article" shall read "Par.5, Art.6."
In Par.3, Art.30, "Par.3 to Par.7 inclusive, Art.22" shall read "Par.3 to Par.8 inclusive, Art.22."
Article 40-(2). The pasture land mentioned below shall be purchased by the government:
1. The leased pasture land outside the limits of any city, town or village, in which his permanent residence is situated, or the city, town or village, adjacent thereto.
2. In case a particular land is in possession of an owner who possesses within the limits of any city, town or village, wherein the permanent residence of the owner is situated, and of the adjecent city, town or village, and the same owner possesses a leased pasture land, the area of which in Hokkaido exceeds 1 chobu or in a prefecture exceeds the area determined by the Central Agricultural Land Commission as regards respective prefecture, the leased pasture land found within the said limits, and whose area exceeds the area specified above.
3. In case the area of the pasture land in actual possession of the owner of the same employed by him (in case the same owns the agricultural land, the sum of the area of the said pasture land and the areas of such agricultural lands as are not subject to purchase specified in the provisions of Art.3;hereinafter the same) exceeds 20 chobu in Hokkaido or exceeds the area determined as regards respective prefecture by the Central Agricultural Land Commission, the pasture land employed by owner whose area exceeds the area just specified.
4. In case the sum of the area of the leased pasture land owned by a particular person within the limits of any city, town or village, wherein his permanent residence is located, and of the adjacent city, town or village, and of the area of the pasture land owned by him exceeds the area mentioned in the preceding item, the leased pasture land found within the said limits and whose area exceeds the said area.
The provisions of Art.3, Pars.2 and 3 shall apply mutatis mutandis to cases mentioned in Item 2 or 3 of the preceding paragraph. In this case, "the preceding paragraph," "1 chobu" and "3 chobu" in Par.2 of the same Article shall read respectively "Art.40-2, Par.1," "tambu" and "5 chobu," and "Par.1" in Art.3, Par.3 shall read "Art.40-2, Par.1."
The area mentioned in Par.1, Item 3 or the area to be substituted for the area mentioned in Par.1, Item 3 determined by the agricultural land commission of the Metropolis, Hokkaido or prefecture in accordance with the provisions of Art.3, Par.3, Applicable mutatis mutandis to the preceding paragraph, shall not exceed 40 chobu.
Apart from the pasture land mentioned in Par.1, the pasture land mentioned below which the Agricultural Land Commission of the Metropolis, Hokkaido or Prefecture or the city, town or village agricultural land commission deems as advisable to be purchased by the government for the purpose of establishing owned-farmer, the same shall be purchased by the government.
1. The pasture land owned by a person owing no agricultural land or pursuing neither cultivation nor stock-farming.
2. In case the pasture land whose productivity is recognized as capable of increase by more intensive use of the land, such portion of the same pasture land as the owner can dispense with in securing the same increased productivity, through more intensive use of the same, as the same owner can secure by the present form of utilization of such area as is assigned to him by the Agricultural Land Commission of the Metropolis, Hokkaido, Prefecture or the city, town or village agricultural land commission in accordance with the provisions of ministerial order (in case the said person owns the agricultural land, the area minus the area of such agricultural land as is not subject to purchase by the Government in accordance with the provisions of Art.3).
3. The pasture land owned by a juridical person or other bodies, for which cultivating and pasturing is the subsidiary activity.
4. The pasture land which a person who may utilize it as pasture or grass land by reason of ownership or other titles, does not make use of for the same purpose.
5. Besides the pasture land specified in each of the preceding items, the pasture land, the Governmental purchase of which the owner thereof has proposed to the city, town or village agricultural land commission.
To the case mentioned in Pars.1 to 4 inclusive, the provision of Par.1 Art.4 shall apply mutatis mutandis and to two case mentioned in Par.1, the provisions of Par.2 of the same Article shall apply mutatis mutandis. In this case, in the same Article, "within the limits of the city, town or village" shall read "within the limits of the city, town or village or the city, town or village adjacent thereto."
If deemed necessary, the Government may purchase the following:
1. Trees, building or other structures on the pasture to be purchased in accordance with the provisions of Par.1 or Par.4.
2. Agricultural equipments or the right concerning the use of water necessary for the use of either the pasture to be purchased in accordance with the provisions of Par.1 or Par.4, or the agricultural land to which the said pasture will be changed.
Article 40-(3). The pasture land mentioned below shall not be purchased by the government in accordance with the provisions of the preceding paragraph:
1. The pasture land, owned by the Metropolis, Hokkaido or Prefecture, used for the public or the official purposes, and designated by the Minister in charge.
2. The pasture land owned by a city, town or village, property ward or an agricultural cooperative association (exclusive of the one designated by the Minister in charge) and used in common by many farmers (exclusive of the pasture land whose area exceeds the area obtained by subtracting the total of the area of the pasture land, which is owned by each member who uses the pasture land in common and which shall not be purchased in accordance with the provisions of the preceding Article, from the area obtained by multiplying the area mentioned in Item 3 of Par.1 of the preceding Article, by member of the persons who used it in common).
3. The pasture land owned by the Metropolis, Hokkaido or Prefecture or educational organs designated by the Minister in charge and, used exclusively for the purpose of experiment and research.
4. Besides the lands mentioned in any of the items mentioned above, the pastur e land designated by the Minister in charge in accordance with the provisions of the Ministerial Order.
5. In case where a person, whose pasture land by right of possession has been employed for pasturing livestock or mowing by himself, cannot engage himself in pasturing livestock or mowing on the said pasture land by reason of the cause as mentioned in Item 6 of Art.5, and so created the right of lease or loan for use on such pasture land for a while, if the agricultural land commission of the Metropolis, Hokkaido or Prefecture or the city, town or village agricultural land commission recognizes the same land as a pasture land to be employed for pasturing livestock or mowing by the owner himself in the near future and deems it proper that it be so employed, the pasture land, the area of which (the remarks within the parentheses in Item 3, Par.1, Art.40-2 hold good in the present Item as well) does not exceed the area mentioned in Item 3 of Par.1 of Art.40-2 or the area mentioned in Par.3 of Art.3 which shall be applied mutatis mutandis in Par.2 of Art.40-2 in place of the area of the same item.
Article 40-(4). In case where the government purchases the land in accordance with the provisions of Art.40-2, such purchase shall be effected following the purchase plan of the pasture land set up by the city, town or village agricultural land commission (in cases specified by the Ministerial Order, the Agricultural Land Commission of the Metropolis, Hokkaido or Prefccture the same in Par.4 of this Article).
The pasture land, trees, buildings, other structures or rights to be purchased, the time of purchase and the consideration thereof shall be provided for in the purchase plan of the pasture land.
The consideration mentioned in the preceding paragraph shall in accordance with the provisions of the Ministerial Order be determined with respect to the pasture land, taking the current price of similar land in the vicinity into account, and with respect to the land other than pasture land, taking the current price of the same into account.
If the city, town or village agricultural land commission sets up the purchase plan of the pasture land, public notice thereof shall be given without delay and the document stating the following matters shall be submitted to public inspection at the office of the city, town or village during twenty days counting from the day on which the public notice has been given:
1. Name and permanent residence of the owner of the pasture land, trees, structure or right to be purchased.
2. Location, lot number, class and area of the land in the case of pasture land to be purchased;kind, quantity and location in the case of trees;kind and location in the case of structure.
The provisions of Arts.6-2, 6-3 and Arts.6-5 to 8 inclusive shall applied mutatis mutandis to the purchase plan of the pasture land. In this case, "the city, town or village agricultural land commission" and "the Agricultural Land Commission of the Metropolis, Hokkaido a Special Prefecture or Prefecture" in the said provisions shall read respectively "the Agricultural Land Commission of the Metropolis, Hokkaido or Prefecture and the governor of the Metropolis, Hokkaido or Prefecture," in those cases which are specified by Ministerial Order in accordance with the provisions of the first paragraph;and "approval" (shonin) shall read "permission" (minka); "Par.5 of the same Article" in Par.1 of Art.7 and Art.8 or "Par.5 of Art.6" in Par.3, Art.7 shall read "Art.40-4, Par.4" ; "within the limits of the city, town or village" in Par.2, Art.7 shall read "within the limit of the city, town or village or the city, town or village adjacent thereto" ;
Article 40-(5). The provisions of Arts.9 to 12-2 inclusive, Pars.1 and 2, Art.13, Art.14 and Arts.32 to 33 inclusive shall apply mutatis mutandis to the purchase mentioned in Art.40-2. In this case, "the Agricultural Land Commission of the Metropolis, Hokakido, a Special Prefecture or a Prefecture" in Par.1, Art.32 shall read "the city, town or village agricultural land commission," except the cases specified by the ministerial order mentioned in Art.41.
The government shall make compensation for the loss accruing from the act mentioned in Par.1, Art.32 (including the cases where this shall be applied mutatis mutandis to Par.2 of the same Article;the same in Par.3) or the removal mentioned in Par.1, Art.33 which shall be applied mutatis mutandis in the preceding paragraph, or the extinction of right mentioned in Par.1, Art.12, which shall be applied mutatis mutandis in Par.4, Art.33.
Except the cases of compensation to the act mentioned in Par.1, Art.32, which shall be applied mutatis mutandis in the first paragraph, a person who is entitled to compensation in accordance with the provisions of the preceding paragraph, shall be a person who has other rights than right of security in respect of the said article in the cases of removal mentioned in Par.1, Art.33 which shall be applied in the first paragraph, and a person who has other rights than ownership and right of security in respect of the said land, right, trees, structure or article in the cases of the purchases mentioned in Par.2, Art.33 which shall be applied in the first paragraph;provided, however, that this shall not apply to such a person as has acquired the said right after the public notification mentioned in Par.4, Art.40-4.
The provisions of Par.3 to a inclusive, Art.22 shall apply mutatis mutandis to the amount of compensation mentioned in Par.2. In this case, "the Agricultural Land Commission of a City, Town or Village" in Pats.4 and 5 of the same Article shall read "the Agricultural Land Commission of the Metropolis, Hokkaido or Prefecture" in respect to the compensation to the act mentioned in Par.1, Art.32 which shall be applied mutatis mutandis to the first paragraph, except the compensation to the action of the city, town or village agricultural land commission mentioned in the same paragraph, and "the governor of the Metropolis, Hokkaido or Prefecture" in respect to the other compensation.
Article 40-(6) In case where the right created in accordance with the provisions of Par.2. Art.12 which shall be applied mutatis mutandis to Par.1 of the preceding Article, exist on the pasture land which has been purchased in accordance with the provisions of Art.40-2, as designated by the Agricultural Land Commission of the Metropolis, Hokkaido or Prefecture in accordance with the provision of Ministerial Order, if it is necessary for cultivating the said pasture land and establishing the owner-farmer to nullify the said right previous to the time of the resale mentioned in Art.41, the Agricultural Land Commission of the Metropolis, Hokkaido or Prefecture may designate the time of extination of the siad right.
The right mentioned in the preceding parapgraph shall be extinet at the time as designated in accordance with the provisions of the same paragraph.
The provisions of Pars.2 to 8 inclusive, Art.22, shall apply mutatis mutandis to case mentioned in the preceding paragraph. In this case, "Art.6, Par.5" and "agricultural land as specified by order mentioned in Par.1 of Art.16" in Par.2, Art.22 shall read respectively "Par.4, Art.44-4" and "pasture land mentioned in Item 2 of Par.1 of Art.41."
The provisions of Art.40 shall apply mutatis mutandis to the pasture land mentioned in the first paragraph.
Par.1, Art.41 shall be amended as follows:
The government may sell or lease land, right, tree or structure mentioned below to a person who is likely to devote himself to cultivation or other person as specified by Ministerial Order.
1. Land, right, tree, structure or other article which has been purchased or used in accordance with the provisions of Art.30, Art.33, Par.2 (including the case in Par.1, Art.40-5, where the same shall be applied mutatis mutandis). Art.36 or Art.40-2.
2. Pasture land owned by the government or trees buildings other structure thereon or agricultural equipments or right concerning the use of water necessary for the use of the said pasture lend which has been determined in accordance with provisions of Governmental Order to be sold to a person who is likely to devote himself to cultivation or other person as specified by Ministerial Order.
3. Land and article owned by the government which has been determined in accordance with the provisions of Governmental Order to be brought under cultivation or to be required for the use of the said land brought under cultivation.
4. Land which the Minister in charge reclaimed by means of the public-owned Surface Mater Reclamation Law.
In Par.2 of the same Article "Art.26" and "in respect to the transfer or lease of land (including the land mentioned Item 2, Par.1 of Art.30) right, tree or structure purchased or used according to the plan for the purchase of uncultivated land as prescribed in Art.31," shall be amended respectively as "Art.26-2" and "in Art.17, (the preceding Article and the same Article) shall read respectively (Par.1, Art.41) and (the same paragraph), and except in case where the government sells or leases the land which has been purchased in accordance with the purchese plan of uncultivated land or the purchase plan of pasture lend set up by the city, town or village agricultural land commission," and Par.3 of the same Article shall be amended as follows:
In case the pasture land purchased in accordance with the purchase plan of pasture land set up by the city, town, or village agricultural land commission is sold in accordance with the provisions of Par.1, the provisions of Art.10, Par.4, Art.18 and Art.19 shall apply mutatis mutandis, in addition to the provisions which shall be applied mutatis mutandis to the preceding paragraph.
In case the land mentioned in the paragraph of this Article is sold in accordance with the provisions of Par.1, the provisions of Art.26, Art.27 and Items 1 to 3 inclusive, the principal body of Item 4 and Item 5 of Art.28 shall be applied mutatis mutandis in addition to the provisions which shall be applied mutatis mutandis to the preceding two paragraphs. In this case, "a person who is likely to devote himself to cultivation as an owner-farmer" in Par.3 Art.28, shall read "a person mentioned in Par.1 of Art.41" and "Art.10, Pars.2 and 3 of Art.16, Arts.17 to 21 inclusive, and Art.26 to the preceding Article inclusive" in Par.4 of the same Article, shall read "Art.41, Pars.2 and 3."
In case the pasture land is sold in accordance with the provisions of Par.1, the principal body of the provisions of Art.22 shall be applied mutatis mutandis in addition to the provisions which shall be applied to the three paragraphs mentioned above.
In this case, "agricultural land determined by the order in accordance with Par.1 of Art.16 in Pars.1 and 2 of the same Article shall read" pasture land mentioned in par.1, Art.41, Item 2 "and" Par.5, Art.6 "in Par.2, Art.22, shall read" Par.4, Art.40-4." The provisions of Art.18 of the Land Book Law shall not be applied to the land sold in accordance with the provision of Par.1.
Article 41-(2). The government may permit the person provided for in Par.1 of the preceding Article to use the objects or rights mentioned in Items 1, 3 or 4 of the same paragraph of the same Article, under conditions determined by the governor of Metropolis, Hokkaido, or Prefecture, upon the request of the said person, before the disposal provided for in Par.1 of preceding Article is effected.
The use mentioned in the preceding paragraph shall be free of charge;however, this provisions shall not apply to the case as specified by order, in this case the provisions of Art.26-2 shall apply mutatis mutandis.
In case the use of state-owned land or object is permitted to the person mentioned in Par.1 of the preceding Article previous to the decision mentioned in Item 3 of the same paragraph, the provisions of the preceding two paragraphs shall apply mutatis mutandis.
Article 41-(3). In respect to the sale or lease of the land purchased or used under the provisions of Art.37 (inclusive of standing trees thereof;the same throughout the present Article) State-owned land desided to be sold or leased to person specified in Par.1 of Art.37, in accordance with the provisions of order, the governor of Metropolis, Hokkaido, or Prefecture shall deliver the letter of notice to the other party of the sale or the lease.
In case of the preceding paragraph, the provisions of Art.17, Par.2, Art.20, and Art.21 and Art.26-2 shall apply mutatis mutandis.
The payment of consideration of land sold according to the provisions of Par.1 shall be effected by the method of average annual instalments as specified by order;however, when the person who has purchased the said land requests for it, the whole or part of the consideration may be paid at a time.
In Art.42, "or Art.31, Par.4 (including the case which shall be applied mutatis mutandis in Art.37, Par.2 and Art.38, Par.2)" shall read ", Art.31, Par.4 (including the case which shall be applied mutatis mutandis in Par.2, Art.37 and Par.2, Art.38) or Par.4, Art.40-4."
In Art.43, "and 37" shall read "37 and 40-2," "Par.2 of Art.22 and Par.1 of Art.39" shall read "Par.2, Art.22 (including the cases which shall be applied mutatis mutandis in Art.40-6, Par.2 and Art.41, Par.5), Par.1, Art.39 and Par.2 Art.40-5."
In Art.44, next to "33, Par.2," shall be added "(including the cases which shall be applied mutatis mutandis in Par.1 of Art.40-5)," "or Art.37" shall read "Art.37 or Art.40-2," and "Art.29, Par.2." shall read "Pars.4 and 5, Art.28, and Par.2, Art.29," "or Art.41" shall read "Par.3, Art.28 (including the case where this shall be applied mutatis mutandis to Par.5 of the same Article) or Art.41," and "Par.3 of Art.41" shall read "Par.5 of the same Article and Pat.4, Art.41."
Article 44-(2). To the lands acquired by the government through purchase mentioned in Arts.3, 15 and 40-2, the exchange mentioned in Art.23 or the purchase mentioned in Par.1 of Art.28 (including the case where this shall be applied mutatis mutandis to Par.5 of Art.28 and Par.4 of Art.41,) in spite of the provisions of Art.44 of the Land Book Law, shall be spplied the same law, in accordance with the provisions of ministerial order.
Article 44-(3). In deemed necessary, in case where the government purchases the land in accordance with provisions of Art.3, Art.15, Par.1 Art.30, Arts.36, 37 or 40-2 or exchanges the same in accordance with provisions of Art.23, or purchases the same in accordance with provisions of Par.1, Art.28, (including the case where this shall be applied mutatis mutandis to Par.5, Art.28 and Par.4, Art.41), the Governor of the Metropolis, Hokkaido, or Prefecture may, in accordance with the provisions of ministerial order, submit the report, in accordance with the provisions of Arts.18, 26, 40 or 41 of the Land Book Law, in place of the owner of land or pledgee or person having superficies.
To the registration under the Land Book Law concerning the land which was sold in accordance with the provisions of Art.16 (including the cases where this shall be applied mutatis mutandis to Pars.4 and 5, Art.28, Par.2, Art.29, and Par.4, Art.41), Par.3, Art.28 (including the cases where this shall be, applied mutatis mutandis to Par.5 of the same Article and Par.4, Art.41), or Par.1, Art.41, or the land on which the sale mentioned in Par.1, Art.41-3 is effected, special provisions may by made by Governmental order.
Article 44-(4). In cases where the land-tax or house-tax was, in accordance with the provisions of Arts.46 and 47 of the Local Tax Law, levied on the owner of the land or house at the time of its acquisition, which the government had acquired owing to the purchase mentioned in Arts.3, 15, Par.1, Art.30, Par.2, Art.33 (including the cases where this shall be applied mutatis mutandis to Par.1, Art.40-5), 36, or 37 or 40-2, the exchange mentioned in Art.23 or the purchase mentioned in Par.1, Art.28 (including the cases where this shall be applied mutatis mutandis to Par.5, Art.28 and Par.4, Art.41), the Government or any person to whom the said land or house has been sold in accordance with the provisions of Art.16 (including the cases where this shall be applied mutatis mutandis to Pars.4 and 5, Art.28, Par.2, Art.29, and Par.4, Art.41) or Par.3, Art.28 (including the cases where this shall be applied mutatis mutandis to Par.5 of the same Article and Par.4, Art.41) Par.1, Art.41, or to whom the land mentioned in Par.1, Art.41-3 has been sold shall, in accordance with the provisions of ministerial order, pay an amount equivalent to all or part of the said land tax or house tax charged to the said owner.
In cases where the land-tax, in accordance with the provisions of Art.46 of the Local Tax Law, levied on the pledgee or any person having superficies extending one hundred years or more on the land at the time of its acquisition, which the government had acquired owing to the purchase mentioned in Arts.3, 15, Par.1, Arts.30, 36, 37 and 40-2, the Government or any person, to whom the said land has been sold in accordance with the provisions of Art.16 (including the cases where this shall be applied mutatis mutandis to Pars.4 and 5, Art.28, Par.2, Arts.29, and Par.4, Art.41), or Par.1, Art.41, or to whom the land mentioned in Par.1, Art.41-3 has been sold, shall, in accordance with the provisions of ministerial order, pay an amount equivalent to all or part of the said land-tax charged to the said pledgee or person having the superficies.
Article 46. The land, right or tree, structure or other property, which has been acquired by government owing to the purchase mentioned in Arts.3, 15 and 40-2, the exchange mentioned in Art.23 or the purchase mentioned in Art.28, Par.1 (including the cases where this shall be applied mutatis mutandis to Par.5 of the same Article, Par.2, Art.29, and Par.4, Art.41) or the land, property, or right as specified by order mentioned Par.1, Art.16, or Par.1, Art.29 and properties mentioned in Par.1, Art.41, and Par.1, Art.41-3, shall be managed and disposed of by the Minister of Agriculture and Forestry.
Part of the competence held by the Minister of Agriculture and Forestry concerning the administration of the land, right, tree, structure or other property mentioned in the preceding paragraph may be exercised by a City, a Town or a Village Agricultural Land Commission, or such other person or organization as specified by ministerial order.
The following two paragraphs shall be added to Art.47:
The Minister in charge, if he deemes it especially necessary for establishing the ownerfarmer, may dispose of the matters put under the jurisdiction of Prefectural Governor or Agricultural Land Commission of the Metropolis, Hokkaido or Prefecture by virtue of this Law.
In the case mentioned abovs relating to the matters which shall be disposed of by the said Minister in accordance with the provisions of the said paragraph, the complaint which shall be made by virtue of this Law, Agricultural Land Commission of the Metropolis, Hokkaido, or Prefectute shall be made to the same Minister. In this case the provisions of Par.4 and Par.5, Art.7 shall not apply.
Article 47-(2). Any person shall institute an action of cancellation or alteration against the unlawful disposition by the administrative office by means of this Law within one month of the day on which he knew that dispositions:however, this shall not be applied to the cases where the two months have elapsed since the day on which the same disposition was effected:this provision shall be applied, notwithstanding the provisions of Art.8 of the Bill for the Temporary Adjustment of the Code of Civil Procedure (Law No.75, 1947).
The action mentioned in the preceding paragraph may not suspend the execution of administrative disposition.
In Art.48, "Article 3, Par.1" shall read "Par.1, Art.3, Art.4 (including the case where this shall be applied mutatis mutandis to Par.5, Art.40-2), Par.2, Art.7 (including the case where this shall be applied mutatis mutandis to Par 5, Art.40-5), and Par.1, Art.40-2" ; "Item 1 of the same paragraph" shall read "Item 1, Par.1, Art.3, Item 1, Par.1, Art.40-2, Par.5 of the same Article and Par.5, Art.40-4" and ( "read" the following phrase) shall be amended to (for "the office of city, town or viliage" ) in Art.6, Par.5 (including the case where this shall be applied mutatis mutandis to Par.2, Art.15), Art.18, Par.4 (including the case where this shall be applied mutatis mutandis to Par.2, Art.29 and Par.3, Art.41), Art.31, Par.4, which shall be applied mutatis mutandis in Art.38, Par.2, and Par.4, Art.40-4 (shall read "the office of the Divisional Agricultural Land Commission." )
Article 49. In this Law, the provisions concerning the Metropolis, Hokkaido, or Prefecture shall be applied mutatis mutandis to the previous Metropolis, Hokkaido, or Prefecture, within which Special City existed, or its governor until such time as specified by order, if Special Cities shall be appointed in future;the provisions concerning the City or its mayor, shall be applied mutatis mutandis to the Special Ward or its Chief in Tokyo Metropolis, to the ward or its chief in the City mentioned in Par.2 of Art.155 of the Local Autonomy Law, and to the administrative ward or its chief in Special City;in a town or village where the town or village as ociation, which manages jointly the whole of the work of the town or village or the task of the offices, exists. the provisions concerning the town or village shall be applied to the said association or the manager thereof.
The under mentioned Item shall be inserted in Art.50, as Item 1 and the former Item 1 shall be Item 2, and Item 2 shall be item 3, and so on.
Any person who acts against the provision of Par.3 of Art.30-2 coming under any Item of the same paragraph.
Par.2 of the Additional Provision shall be deleted.