(Object)
Article 1. The purpose of this Law is to stabilize the food condition fairly and systematically carrying out the allotment and the like on the amount of production and delivery of staple agricultural food products in order to secure such production and delivery.
(Definition)
Article 2. "Staple agricultural food products" within the meaning of this Law are rice, barley, naked barley, wheat, sweet-potato, white-potato and miscellaneous cereals.
2. "Agricultural plan" within the meaning of this Law is a plan designated by administrative authorities in regard to the amount of production, retention or delivery (including the limit and ratio of substitute delivery) of the staple agricultural food products, or the amount of allocation of fertilizer, agricultural chemicals, implements, etc. necessary for such production.
3. "Producer" within the meaning of this Law is a person who produces staple agricultural food products.
(Agricultural Plan Designated by the Minister of Agriculture and Forestry)
Article 3. The Minister of Agriculture and Forestry shall, hearing the opinion of the Central Agricultural Adjustment Council and prefectural governor, determine agricultural plan by prefecture concerning rice, barley, naked barley, wheat, sweet-potato, white potato or miscellaneous cereals designated by the Minister of Agriculture and Forestry and necessary items concerning the operation of the agricultural plan, and designate it to the prefectural governor concerned.
2. The Government shall, in order to maintain production of the staple agricultural food products, determine encouragement measures and make them public.
3. The Government shall determine credit plan necessary for maintaining production of the staple agricultural food products and take whatever measures possible concerning the operation in case of necessity.
4. The competent Minister may designate necessary items to those who engage in production, distribution or transportation of fertilizer, agricultural chemicals or implements order to secure supply of those materials.
5. Regulations in regard to the Central Agricultural Adjustment Council shall be stipulated by Cabinet Order.
(Agricultural Plan Designated by the Prefectural Governor)
Article 4. A prefectural governor shall, when he has received the designation mentioned in par.1 of the preceding Article, set up agricultural plan by city, town or village and necessary items concerning its operation in accordance with the designation, obtaining the decision of prefectural agricultural adjustment committee, and designate the same to the chief of a city, town or village.
2. A prefectural governor may, if he deems it necessary, through the approval of the Minister of Agriculture and Forestry and obtaining the decision of prefectural agricultural adjustment committee, set up agricultural plan by city, town or village in regard to miscellaneous cereals other than mentioned in par.1 of the preceding Article and necessary items concerning its operation and designate it to the chief of a city, town or village.
3. A prefectural governor shall, when he has designated in accordance with the preceding two paragraphs, make public the designated agricultural plan without delay.
(Agricultural Plan Designated by the Chief of a City, Town or Village)
Article 5. The chief of a city, town or village shall, when he has received the designation in acoordance with the provisions of par.1 or 2 of the preceding Article, pursuant to the above designation and through the decision of local agricultural adjustment committee, set up agricultural plan by producer who is living in the sphere of the city, town or village.
2. The agricultural play of the preceding paragraph shall be set up hearing the opinion of the producer concerning the said agricultural plan, and taking the following matters into consideration:
1) Plan which t e said producer is holding in regard to utilization of land;
2) Acreage and fertility of land and other conditions;
3) Actual figure of planting and yield;
4) Items concerning combinations of plants;
5) Conditions of those who live together with the said producer;
6) Number and kind of livestock kept.
3. The chief of a city, town or village shall, when he has decided the agricultural plan of par.1, make it public without delay.
(Objection)
Article 6. Any producer concerning the agricultural plan of par.1 of the preceding Article may, if he has any objection against the said agricultural plan, make a protest against the chief of a city, town or village;however, this shall not apply to the case where 10 days have elapsed since the date of publication in compliance with the provisions of par.3 of the same Article.
2. The chief of a city, town or village shall, when he has received the objection mentioned in the preceding paragraph, settle the issue within 20 days (40 days in the case stipulated in par.3) after the expiration of the term of the said paragraph through the decision of the local agricultural adjustment committee.
3. In settling the decision of the preceding paragraph, in case such decision results in alteration of the agricultural plan or necessary items concerning the operation of it designated in compliance with the provisions of par.1 or 2 of Art.4, the chief of a city, town or village shall get the previous approval of the prefectural governor.
4. In the case of the preceding paragraph, the chief of a city, town or village may demand the prefectural governor to investigate the fact to which alteration of the agricultural plan or necessary items concerning the operation of it prescribed in the preceding paragraph, is due.
5. A prefectural governor shall, if he deems the demand of the preceding paragraph reasonable, investigate the fact of the same paragraph in person or by means of request to the chief of a crop reporting office.
6. A prefectural governor shall, in giving the approval of par.3, refer to the decision of the prectural agricultural adjustment committee.
7. A prefectural govornor shall, in giving the approval of par.3, if the approval results in alteration of the agricultural plan or necessary items concerning the operation of it prescribed in Art.3, par.1, apply to the Minister of Agriculture and Forestry for the previous recognition.
(Designation of the Agricultural Plan)
Article 7. In case in regard to the agricultural plan of par.1 of Art.5, within the term of par.1 of the preceding Article, any objection in accordance with the provisions of the said paragraph has not been raised, or in case an objection of the said paragraph has been raised and the decision of par.2 of the said Article has been made, the chief of a city, town or village shall designate the agricultural plan to the producer concerned.
2. A person who has received the designation in accordance with the preceding paragraph shall endeavour to secure the production amount stipulated in the designated agricultural plan.
3. In case a designation in accordance with par.1 has been made, the delivery quota of the staple agricultural food products stipulated in the designated agricultural plan (the altered delivery quota, if any alteration has been made in accordance with the provisions of Art.8, par.1) shall be the quota of the said staple agricultural food products which a person who has received the designation is due to sell to the Government according td Art.3, par.1 of the Food Control Law (Law. No.40 of 1942).
4. The Government shall not demand the producer concerned with the agricultural plan stipulated in Art.5, par.1 to sell to the Government more than delivery quota in the preceding Article according to Art.3, par.1 of the Food Control Law.
5. In case the chief of a city, town or village has designated in accordance with par.1, he shall timely allot the fertilizer, agricultural chemicals or implements, etc. in the amount corresponding, to the distribution amount stipulated in the designated agricultural plan to the said producer in conformity with the order according to the provisions of Art.1, par.1, of the Temporary Material Supply add Demand Adjustment Law (Law No.32 of 1946).
(Alteration of Delivery Quota)
Article 8. A person who has received designation in accordance with par.1 of the preceding Article may, in case he has not been able to deliver the amount of staple agricultural food products stipulated in the designated agricultural plan for the reason of disasters or other unavoidable circumstances, apply to the chief of a city, town or village for alteration in the delivery quota designated in the said agricultural plan.
2. In the case of the application stipulated in the preceding paragraph, the reason prescribed in the same paragraph shall have been previously fled with the chief of a city, town or village within ten days after it happens.
3. The application prescribed in par.1 shall be done within the term stipulated by the prefectural governor, however, this shall not apply to the case where the application is made according to the reasons which happen after the expiration of the said term.
4. The application stipulated in par.1 shall not suspend the validity of the sell-order in conformity with Art.3, par.1 of the Food Control Law;however, while the decision in compliance with the provision of Art.6, par.2, applying mutatis mutandis in par.5 is pending, the expropriation in comformity with the provision of Art.1 of the Food Urgency Measures Ordinance (Imperial Ordinance No.86 of 1946) shall not be done.
5. In the case of the preceding paragraph, the provisions of pars.2 to 6 inclusive of Art 6 shall apply with necessary modifications;in this case, "after the expiration of the term of the said paragraph" in par.2 of the said Article shall read "after the date on which he has received the application of Art.8, par.1."
(Curtailing of the Allotment Amount of Fertilizer, etc.)
Article 9. A local agricultural adjustment committee may, in case it has recognized the fact that a person who has received designation in accordance with the provisions of Art.7, par.1, is not in a position to secure the production by reason of his own negligence of staple agricultural food product stipulated in the designated agricultural plan, demand the chief of a city, town or village for curtailing the allotment amount of fertilizers, agricultural chemicals, implements, etc. alloted in accordance with par.5 of the same Article.
(Restriction on the Planting of Unimportant Agricultural Products)
Article 10. If a prectural governor, in case he deems it necessary for securing production of staple agricultural food products to restrict above the fixed area the planting of other agricultural products which are feared to be obstructive in securing production of the said staple products, through the decision of the prefectural agricultural adjustment committee, has stipulated the area, term, kind of agricultural products and acreage, planting of the said agricultural products shall be prohibited within that area and during that term, unless approval of the local agricultural adjustment committee is obtained.
2. The designation of the preceding paragraph shall be notified to public at least not later than two months before the date when the term of the said designation begins.
(Designation of a City, Town or Village Agricultural Adjustment Committee)
Article 11. A city, town or village agricultural adjustment committee may, if it is deemed especially necessary to do so for promoting production of staple agricultural food products or removing its obstacles, designate a producer whose permanent residence is situated in the administrative extent of the city, town or village or those who have right to land or agricultural faciliti s within the above extent, upon necessary matters concerning the extermination or prevention of damages from diseases or noxious insects, adjustment of water utilities, mainteinance of reserve forests, or joint use of agricultural facilities.
2. In case any person who has received the designation in compliance with the provisions of the preceding paragraph has not obeyed the designation, the local agricultural adjustment committee may apply to the prefectural governer for ordering him to obey the said designation.
3. A prefectural governor shall, in case he has received the application of the preceding paragraph, demand the person concerned with the application to raise an objection, if he has any, within 10 days.
4. If in the case of the preceding paragraph, no objection has been raised during the period of the said paragraph, or the raising of objection has been deemed unreasonable, the prefectural governor may order the person concerned with the application of par.2 to obey the designation of par.1.
(Local Agricultural Adjustment Committee)
Article 12. There shall be a local agricultural adjustment committee in a city, town or village.
2. A local agricultural adjustment committee shall be under the supervision of the prefectural governor and the chief of a city, town or village, and carry on matters which fall under its authority as provided for by this Law and other laws or regulations.
(System)
Article 13. A local agricultural adjustment committee shall consist of commissioners.
2. There shall be a chairman in a local agricultural adjustment committee. The chairman shall be elected from among the commissioners by mutual vote.
3. Commissioners shall be composed of 15 persons elected in accordance with the provisions of Art.14 by those who have right to vote from among the persons who are eligible to election in accordance with the provisions of the said Article.
4. If it is deemed especially necessary, the chief of a city, town or village may increase or decrease the number of commissioners mentioned in the preceding paragraph, through the approval of the prefectural governor.
5. The chief of a city, town or village may appoint commissioners to the extent of 3 persons in addition to the commissioners elected in accordance with the provisions of par.3.
6. In order to appoint the commissioners mentioned in the preceding paragraph, the chief of a city, town or village shall require the consent of a majority of the commissioners who have been elected in accordance with the provisions of par.3.
(Suffrage and Eligibility of Commissioner)
Article 14. A persons who has permanent residence within the administrative extent of a city, town or village and who engages in cultivation on agricultural land of such area as may be specified by order and who is over 20 years of age shall have the right to vote and shall be eligible for the commissioner of the local agricultural adjustment committee.
2. A person who has been adjudged in competent or quasi-incompetent or who has been sentenced to imprisonment with or without hard labor and has neither undergone the execution of such punishment nor has ceased to undergo the same shall have neither the right to vote at the election nor be qalified to be elected thereat.
(Recall of Commissioner)
Article 15. Persons who have the right of voting for the commissioners of a local agricultural adjustment committee may, under the joint signature of such persons who come to one-third or more of their total number, make a demand for the dismissal of commissioners elected in accordance with the provisions of Art.13, par.3.
(Report, etc.)
Article 16. The local agricultural adjustment committee may, if it is deemed necessary in dealing with the matters prescribed in Art.12, par.2, demand attendance to producers who have permanent residence within the administrative extent of the city, town or village and other persons concerned, or require them to file necessary reports or let the commissioners carry out necessary survey, on lands or other places required.
(Cancellation and Procuration by the Chief of a City, Town or Village)
Article 17. The chief of a city, town or village may, if he deams the decision or disposal of the local agricultural adjustment comittee to contravene the laws and regulations or disposal of administrative authorities based on the said laws and regulations, cancel the decision or disposal.
2. In the case of the preceding paragraph, the chief of a city, town or village may, through the approval of the prefectural governor and without the decision of the local agricultural adjustment committee, deal with the matters mentioned in Art.5, par.1 or Art.6, par.2 (including the case where the same provision applies mutatis mutandis in Art.8, par.5) or may deal with the matters as may replace the disposition of the local agricultural adjustment committee.
3. The shall apply to the case where a local agricultural adjustment committee has not been established or, in case it has been established, it has not decided the matters to be decided by the committee.
(Subsidy)
Article 18. The government shall, within the limit of the budget of respective years, deliver subsidy for appropriations of a local agricultural adjustment committee to a city, town or village.
(District Agricultural Adjustment committee, etc.)
Article 19. In a city, town or village under special circumstances, a local agricultural adjustment committee may not be established in accordance with the provisions of order. In this case the chief of a city, town or village shall make disposition of the matters which fall under the present Law within the scope of the power of the local agricultural adjustment committee.
2. A prefectural governor may, if he deems it especially necessary, divide the sphere of a city, town or village into two or more districts and set up district agricultural adjustment committee in each district in lieu of local agricultural committee.
3. Provisions except those of par.1 relating to the local agricultural adjustment committee and commissioners in this Law shall apply mutatis mutandis to the district agricultural committee and commissioners under the preceding paragraph. In this case, in Arts.11, 14 and 16, "in the administrative extent of a city, town or village" shall read "in the sphere of the district agricultural adjustment committee" .
(Charging Provision)
Article 20. Necessary matters, other than those mentioned in the present Law, relating to a local agricultural adjustment committee and a district agricultural adjustment committee and the commissioners shall be determind by Cabinet Order.
(Prefectural Agricultural Adjustment Committee)
Article 21. There shall be a prefectural agricultural adjustment committee in a prefecture.
2. A prefectural agricultural adjustment committee shall be under the supervision of the Minister of Agriculture and Forestry and the prefectural governor, and carry on matters which fall under its authority as provided for by this Law and other laws or regulations.
(System)
Article 22. The prefectural agricultural adjustment committee shall consist of a chairman and commissioners.
2. The prefectural governor shall be appointed chairman.
3. Commissioners shall be assumed by those who are mutually elected in the respective constituencies as specified by the prefectural governor by two persons respectively from among local agricultural adjustment committees commissioners elected in accordance with the provisions of Art.13, par.3, however, in the region where the regional agricultural adjustment committee is set up in accordance with the provisions of par.1 of Art.25, they shall be assumed by those two persons mutually elected from among the commissioners who are elected in respective regional agricultural adjustment committees in accordance with the provisions of par.4 of the same Article.
4. The prefectural governor may appoint commissioners to the extent of five persons in addition to the commissioners mutually elected in accordance with provisions of the preceding paragraph.
5. In the case of the preceding paragraph, par.6 of Art.13 shall apply mutatis mutandis.
(Recall of Commissioner)
Article 23. A person who is qualified to elect mutually commissioners of a prefectural agricultural adjustment committee in accordance with par.3 of the preceding Article may, under the joint signature of one-third or more of such persons who belong to the same constituency (in the case of the proviso to the same paragraph, regional agricult ural adjustment committee;hereinafter the same in this Article) with that person and are qualified to elect mutually in accordance with the same paragraph, make a demand for the dismissal of the commissioners of the prefectural agricultural adjustment committee mutually elected in accordance with the same paragraph in the same constituency.
(Application Mutais Mutanndis)
Article 24. The provisions of Arts.16 to 18 inclusive and Art.20 shall apply mutatis mutandis to the prefectural agricultural adjustment committee;provided, however that "Art.12, par.2" in Art.16 shall read "Art.21, par.2" . "within the administrative extent of the city, town or village" in the same Article, shall read "within the administrative extent of the prefecture" ; "chief of a city, town or village" in Art.17, par.1 shall read "prefectural governor" ;in par.1 of the same Article, "the chief of city, town or village...... through the approval of the prefectural governor" shall read "the prefectural governor" , and "Art.5, par.1 or Art.6, par.2 (including the case where the same provisions apply mutatis mutandis in Art.8, par.5 shall read" Art.4, par.1 or 2, or Art.10, par.1".
(Regional Agricultural Adjustment Committee)
Article 25. If it is deemed necessary, the prefectural governor may establish the region and form the regional agricultural adjustment committee and may cause that committee to manage the matters relating to that region and falling within the scope of the power of the prefectural agricultural adjustment committee.
2. A regional agricultural adjustment committee shall consist of a chairman and commissioners.
3. A chief of the local branch office or the local affairs office who exercises jurisdistion over the area concerned or a chief of the city, town or village within the area concerned and is designated by the prefectural governor shall be the chairman.
4. Commissioners shall be composed of those persons who are mutually elected from among the commissioners elected in accordance with the provisions of par.3 of Art.13 (including the case where to same provisions apply mutandis in Art.19, par.3), by two persons from each local agricultural adjustment committee which is set up in the city, town or village within the sphere of par.1.
(Application Mutatis Mutandis)
Article 26. The provisions of Arts.16 to 18 inclusive Art.20, pars.4 and 5 of Art.22 and Art.23 shall apply mutatis mutandis to a regional agricultural adjustment committee. In this case, in Art.16, "Art.12, par.2" shall read "Art.25, par.1" , "within the administrative extent of the city, town or village" shall read "within the administrative extent of the regional agricultural adjulstment committee" , in Art.17, par.1, "the chief of a city, town or village" shall read "the prefectural governor" , in Art.17, par.2, "the chief of a city, town or village...... through the approval of the prefectural governor" shall read "the prefectural governor" , "Art.5, par.1 or Art.6, par.2 (including the case where the same provision applies mutatis mutandis in Art.8, par.5)" shall read "Art.4, par.1 or 2" ;in Art.18, "city, town or village" shall read "prefecture" , in Art.22, par.4, "five persons" shall read "three persons" , and in Art.23, "par.3 of the preceding Article" shall read "Art.25, par.4" , and "constituency" shall read "local agricultural adjustment committee" .
(An Exception of Special City, etc.)
Article 27. In this Law, the provisions relating to a prefecture or a prefectural governor shall apply, in a special city, to a special city or the mayor of a special city;the provisions relating to a city, town or village or the chief of a city, town or village shall apply, in a special ward, to a special ward or the chief of a special ward, in the city prescribed in par.2 of Art.155 of the Local Autonomy Law, to a ward or the chief of a ward, and, in a special city, to an administrative ward or the chief of an administrative ward;and in the case where there is a town and village union which jointly manages all affairs or the affairs of the town or village office, the same provisions shall apply to the town and village union or the managing official of the said town and village union.
(Report and Investigation by Administrative Authorities)
Article 28. Administrative authorities may, in case they deem it necessary in order to determine the agricultural plan or to operate it, in accordance with the order, call for necessary reports on acreage and fertility of agricultural land and other conditions and actual figure of planting and yield and so on, or cause the competent governmental or local officials to visit farm land or other necessary places and investigate their circumstances.
2. A competent governmental or local official who makes the investigation of the preceding paragraph shall, in accordance with order, carry the certificate to identify his position and show it any time on demand.
(Penal Provisions)
Article 29. Any person who has contravened the provisions of Art.3, par.4 or Art.10, par.1 shall be liable to a fine not exceeding twenty thousand yen.
Article 30. Any person who has contravened the order of Art.11, par.4 shall be liable to a fine not exceeding five thousand yen.