With regard to the Horse Owners'Association (exclusive of an association which has the administrative extent of a prefecture under its jurisdiction, hereinafter the same) existing at the time of the enforcement of this Law, the Law as mentioned in the preceding paragraph shall be still effective even after the enforcement of this Law.
Those Horse Owners'Associations as mentioned in the preceding paragraph which still exist (exclusive of those under liquidation) at the time when five months have elapsed from the day of the enforcement of this Law shall be dissolved at the said time.
If deemed necessary, the prefectural governor may, at any time, order the Horse Owners Association mentioned in Paragraph 2, to be dissolved. In this case the said Horse Owners Association shall be dissolved by the said order.
5 馬匹組合が解散したときは、政令で定める者がその清算人となる。
When the Horse Owners'Association was dissolved, the person provided by the Cabinet Order shall be its liquidator.
The Minister of Agriculture and Forestry shall be responsible for causing the Horse Owners'Association to take appropriate measures to expedite the completion of liquidation in consequence of such dissolution as mentioned in the provisions of Paragraph 3 or 4 and for completing the liquidation at the latest within one year as from the day of the enforcement of this Law.
Article 2. The Horse Owners'Association shall not dispose any of its properties, unless the approval of the prefectural governor is obtained;however, this shall not apply to the disposition of properties performed as normal functions.
The provisions of the preceding paragraph shall not apply to a contract, of which either the actual delivery of the property or receipt of price thereof has been completed by the time of the enforcement of the provisions of the preceding paragraph, of disposition of the property concluded by the Horse Owners'Association.
3 第一項の規定に違反する処分は、これを無効とする。
Any disposition of the property which has been made in contravention of the provisions of Paragraph 1 shall be null and void.
Any contract of disposition of the property concluded by the Horse Owners'Association shall be deemed as cancelled when the actual delivery of the property or the receipt of the price relative to the contract got no approval of the same paragraph within two months after the day of the enforcement of the same paragraph.
In case the Horse Owners'Association has disposed of their property in contravention of the provisions of Paragraph 1, any representative or employee of the abovementioned association who has so acted shall be liable to imprisonment with hard labor for a term not exceeding three years or a fine not exceeding ten thousand yen.
6 前項の罪を犯した者には、情状により、懲役及び罰金を併科することができる。
Both the hard labor and the fine mentioned in preceding paragraph may be imposed at the same time according to the circumstances.
Article 3. The Horse Owners'Association may make its facilities available to an agricultural cooperative association or a federation of agricultural cooperative associations engaged in the livestock industry.
Article 4. An agricultural cooperative association a part of whose membership is concurrently members of the Horse Owners'Association may with the approval of the prefectural governor, ask the said Horse Owners'Association for consultation relating to the transfer of the property thereof or succession of the debt.
In case the negotiation mentioned in the preceding paragraph fails to reach an agreement, or to be held, the prefectural governor may, upon application by one or both of the parties and hearing the opinions of the parties, establish term for transfer and order the Horse Owners'Association concerned to transfer its property.
No action to call for revocation or alteration of the approval given under Paragraph 1, or of the order issued under the preceding paragraph may be brought after the lapse of one month from the day of issuance of such approval or order.
4 前二項に規定するものの外、第一項の規定の施行に関し必要な事項は、政令でこれを定める。
The matters necessary for the enforcement of Paragraph 1, other than those provided in the preceding two paragraphs, shall be provided by Cabinet Order.
Article 5. A Horse Owners'Association existing at the time of enforcement of this Law shall, within two months from the effective date of this Law, hold a general meeting.
With respect to the convocation of the general meeting mentioned in the preceding paragraph, written notification shall be given to each member as regards the agenda, date and place of such meeting at least ten days prior to the proposed date.
3 第一項の総会は、組合員の半数以上の出席がなければ、議事を開き、議決をすることができない。
More than one-half of the members shall be physically present to constitute the quorum of the general meeting mentioned in Paragraph 1.
The prefectural governor may order the head, or liquidators of the Horse Owners'Association provided for in Paragraph 1 to take appropriate measures to insure the presence of its members provided for in the preceding paragraph.
If there has been no necessary presence of its members provided for in Paragraph 3 at the general meeting convened in accordance with the provisions of Paragraph 1, the Horse Owners'Association shall convene a general meeting even after the lapse of the period provided for in Paragraph 2 until the presence of membership satisfies the provisions of Paragraph 3. The provisions of Paragraph 2 and of the preceding paragraph shall apply mutatis mutandis to this case.
6 前項の規定は、第一條第三項及び第四項の規定の適用を妨げない。
The provisions of preceding paragraph shall not preclude the application of the provisions of Article 1, Paragraphs 3 and 4.
Article 6. The head or liquidators of the Horse Owners'Association provided for in Paragraph 2 of the preceding Article shall, seven days prior to the date of the general meeting mentioned in the same paragraph or in Paragraph 5 of the same Article, submit a report on business and an inventory to the councillors and also submit them together with the opinions of the councillors to the general meeting for its approval.
The head or liquidators mentioned in the preceding paragraph shall give complete information concerning the Agricultural Cooperative Association Law (Law No.133 of 1947) and this Law to the general meeting.
3 第一項の総会においては、資産処理委員会の委員を選任しなければならない。
Members of the Property Disposal Committee shall be elected at the general meeting mentioned in Paragraph 1.
The committee as mentioned in the preceding paragraph shall consist of not less than five and not more than nine commissioners, and at least three quarters of which shall be persons raising live-stock personally.
The head or liquidators of the Horse Owners'Association as mentioned in Paragraph 1 shall hear and obey the opinion of the Property Disposal Committee in regard to the transfer of the property under the provisions of Art.4 (in the case mentioned in Article 4, Paragraph 2, the opinion to be presented to the administrative authorities), and acceptance of obligations;provided that the resolution of the general meeting shall not be violated in this case.
Article 7. In case an agricultural cooperative association has succeeded to the rights related to immovables or ships of a Horse Owners'Association in accordance with the provisions of Article 4 and when registration is effected with respect to the acquisition thereof, the amount of registration tax shall be equal to four thousandths of the price of the immovables or of the ships concerned;provided that if the amount of registration tax computed under the provisions of the Registration Law (Law No.27 of 1895) is less than that computed under this Law, the former shall be applicable.
(関係法律の改正)
(Amendment of Laws concerned)
第八條 家畜市場法(明治四十三年法律第一号)の一部を次のように改正する。
Article 8. A part of the Live-stock Market Law (Law No.1 of 1909) shall be amended as follows:
第三條第二項及び第四條中「馬匹組合、馬匹組合連合会、」を削る。
In Article 3, Paragraph 2 and Article 4, "Horse Owners'Association, Federation of Horse Owners'Association" shall be deleted.
第九條 獸医師法等の臨時特例に関する法律(昭和十五年法律第九十二号)の一部を次のように改正する。
Article 9. A part of Law concerning Extraordinary Exception of the Veterinary Law (Law No.92 of 1940) shall be amended as follows:
第二條中「馬匹組合、馬匹組合連合会、」を削る。
In Article 2, "Horse Owners'Association, Federation of Horse Owners'Association" shall be deleted.
第十條 牧野法(昭和六年法律第三十七号)の一部を次のように改正する。
Article 10. A part of the Pasture-land Law (Law No.37 of 1931) shall be amended as follows:
第二條の二、第九條、第二十五條及び第二十七條中「馬匹組合、馬匹組合連合会、」を削る。
In Articles 2-(2), 9, 25 and 27, "Horse Owners'Association, Federation of Horse Owners'Associations" shall be deleted.
第十一條 農林中央金庫法(大正十二年法律第四十二号)の一部を次のように改正する。
Article 11. A part of the Central Bank of Agriculture and Forestry Law (Law No.24 of 1923) shall be amended as follows:
第五條第一項中「馬匹組合連合会、馬匹組合、」を削る。
In Article 5, Paragraph 1, "Horse Owners'Association, Federation of Horse Owners'Associations" shall be deleted.
Article 12. The unrevised provisions of respection Laws, notwithstanding the provisions of Article 9 to the preceding Article inclusive, shall be applicable even after the coming into operation of this Law, with respect to a Horse Owners'Association which exists at the time of enforcement of this Law.
Article 13. With respect to application of penal provisions to an act committed prior to the enforcement of this Law (prior to the invalidation of the Horse Owners'Association Law, with respect to Horse Owners'Association mentioned in Article 1, Paragraph 2), the unrevised provisions of each of the relevant Laws shall be still applicable even after the enforcement of this Law (after the invalidation of the Horse Owners'Association Law with respect to such Horse Owners'Associations as mentioned in Article 1, Paragraph 2).
The date of enforcement of the present Law shall be decided, within 30 days from the day of promulgation of the present Law, by Cabinet Order:provided that the provisions of Article 2 shall come into force as from the day of promulgation of the present Law.