I hereby promulgate the Land Improvement Law. Signed:HIROHITO, Seal of the Emperor This sixth day of the sixth month of the twenty-fourth year of Showa (June 6, 1949) Prime Minister YOSHIDA Shigeru Law No.195 Land Improvement Law Contents Chapter I General Provisions (Articles 1-4) Chapter II Land Improvement Project Section 1 Land Improvement Project Executed by Land Improvement District Part 1 Organization of Land Improvement District (Articles 5-15) Part 2 Administration of Land Improvement District (Articles 16-45) Part 3 Project of Land Improvement District Head 1 Execution of Project (Articles 46-57) Head 2 Adjustment of Right Relations (Articles 58-65) Part 4 Change of Boundaries, Dissolution and Amalgamation of Land Improvement District (Articles 66-76) Part 5 League of Land Improvement Districts (Articles 77-84) Section 2 Land Improvement Project Executed by State, To, Do, Fu or prefecture (Articles 85-94) Section 3 Land Improvement Project Undertaken by Agricultural Co-operative Association or Land Improvement Project Jointly Undertaken by Several Persons (Articles 95, 96) Chapter III Consolidation and Exchange Performed by Agricultural Land Commission of City, Town or Village, Land Improvement District or Agricultural Co-operative Association (Articles 97-111) Chapter IV Additional Provisions (Articles 112-131) Chapter V Supervisions (Articles 132-136) Chapter VI Penal Provisions (Articles 137-145) Supplementary Provision Chapter I General Provisions
(Purpose of this Law and Requisites for Execution of Land Improvement Project) Article 1. The purpose of this Law is to effect improvement, development, conservation and consolidation of agricultural land so as to make farm-management reasonable and develop agricultural productivity, and thus to contribute to the maintenance and enhancement of the production of food-stuffs and other agricultural products. 2 In executing a land improvement project, the work must serve to contribute to the overall development and conservation of the land resources of the State and must be coordinated with the development of the national economy in accordance with standards of programming and planning to be established by Cabinet Order, having due consideration for the land use, the conservation and development of forestry and other resources.
(Definition) Article 2. "Agricultural land" within the purview of this Law shall comprise any land which is employed for the purpose of cultivation. 2 "Land improvement project" within the purview of this Law shall comprise any project to be executed in accordance with this Law, which falls under the following items: (1) New establishment, maintenance, removal or change of irrigation or drainage facilities, agricultural roads, and other facilities required for the conservation or utilization of agricultural land; (2) Adjustment of partitions of agricultural land; (3) Making paddy or upland fields; (4) Reclamation by dumping or by drainage; (5) Restoration of damage to agricultural land or facilities required for its conservation or utilization; (6) Consolidation or exchange of rights to agricultural land, and rights to land, and facilities for agricultural purposes and rights to the use of water, required for the utilization of said agricultural land; (7) Any other project of measure necessary for improving or conserving agricultural land.
(Qualification for Participation in Land Improvement Project) Article 3. Any person who are qualified to participate in a land improvement project shall have any of the following qualifications with respect to land within the boundaries of a district pertinent to the execution of said project: (1) As regards an agricultural land which is employed for the purpose of the business of cultivation based on ownership, the owner thereof; (2) As regards an agricultural land which is employed for the purpose of the business of cultivation based on any title other than ownership, in case a proposal that the owner will take part in said project has, as provided for by Ministerial Ordinance, been made to the Agricultural Land Commission of City, Town or Village and said proposal is approved by said Commission as being reasonable, the owner thereof;in other cases, any person engaging, based on said title, in the business of cultivation; (3) As regards any land other than agricultural land which is used and usufructed, based on ownership, the owner thereof; (4) As regards any land other than agricultural land which is used and usufructed, based on any title other than ownership, in case any person who makes use and usufruct, based on said title, has, as provided for by Ministerial Ordinance, proposed, with the consent of the owner thereof to the Agricultural Land Commission of City, Town or Village, to the effect that said person will participate in the land improvement project concerned, said person;in other cases, said owner. 2 In case the owner and the person who engages himself, based on a title, in the business of cultivation, mentioned in item (2) of the preceding paragraph, have made proposal, as provided for by Ministerial Ordinance, to the effect that they will alternate their qualifications with each other with their mutual consent and the Agricultural Land Commission of City, Town or Village has approved said proposal as reasonable, said qualifications shall be deemed to have alternated at the time of said approval;the same with the case where the owner and the person who makes use and usufruct based on a title, mentioned in item (4) of the same paragraph, have proposed, as provided for by Ministerial Ordinance, to the Agricultural Land Commission of City, Town or Village, to the effect that they will alternate their qualifications with each other with their mutual consent. 3 As for the application of the provisions of the preceding two paragraphs, in cases where a lessor or a lender offered his agricultural land for the purpose of another person's temporary business of cultivation on the basis of lease or loan-for-use, because of his inability to conduct the business for himself on said agricultural land owing to illness or other causes provided for by Ministerial Ordinance, said lessor or lender shall be regarded as a person who engages in the business of cultivation, based on a title to said agricultural land, if the Agricultural Land Commission of City, Town or Village deems, as prescribed by Ministerial Ordinance, that said lessor or lender will engage himself in the business of cultivation in the near future, and that the case is proper and reasonable. 4 As for the application of the provision of par.1, any person who uses a land under the provision of Art.41-(2) par.1 of the Law concerning the Special Measure for the Establishment of Owner Farmer (Law No.43 of 1946) shall, in case said land is an agricultural land, be regarded as a person who engages, based on ownership, in the business of cultivation respecting said agricultural land;while, in case said land is any other than agricultural land, he shall be regarded as an owner of said land. 5 No provision of par.1 shall apply to the State as owner of land granted in accordance with the provision of Art.50 par.1 or land prescribed in the preceding paragraph.
(Application to Persons Who Have Received Licence for Reclamation of Public Waters by Dumping) Article 4. As to the application of the provisions of this Law, any person who has been given a licence for reclamation by dumping in accordance with the Law for Reclamation by Dumping of Public Waters (Law No.57 of 1921) shall be regarded as an owner of land created.
Chapter II Land Improvement Project
Section 1 Land Improvement Project Executed by Land Improvement District Part 1 Organization of Land Improvement District
(Petition for Preliminary Investigation) Article 5. Fifteen persons or more with such qualification as prescribed in Art.3 may file a petition with the governor of To, Do, Fu or prefecture for preliminary investigation of the organization of a land improvement district respecting certain boundaries of district fixed by petitioners, which embrace land whereon said qualification rests. 2 The persons mentioned in the preceding paragraph must obtain the consent of two-thirds or more of the persons with such qualification as prescribed in Art.3 for the petition mentioned in the preceding paragraph, giving public notice in advance, as prescribed by Ministerial Ordinance, of the outline of land improvement project plan (excluding the project mentioned in Art.2 par.2 item (6);hereinafter the same in this Chapter except the case of Art.15) to be executed with respect to the certain boundaries of district mentioned in the same paragraph, basic matters upon which the Articles of District are to be made, the method of selection of drafters of said plan and said Articles who has the qualification prescribed in Art.3 and other necessary matte rs. 3 In order to fix certain boundaries mentioned in par.1 including State-owned land or other land employed by the State or local public entities for official or public use, recognition by the administrative agencies or local public entities controling the same land shall be required. 4 The petition under the provision of par.1 must be accompanied with documents, as prescribed in par.2, stating matters whereof public notice has been given and proving that the consent thereof was given, and proving that recognition mentioned in the preceding paragraph has been made.
(Preliminary Investigation) Article 6. In case the petition prescribed in the preceding paragraph has been presented, the governor of To, Do, Fu or prefecture must make a preliminary investigation for the organization of the land improvement district. 2 In making the preliminary investigation under the preceding paragraph, in accordance with the provisions of Ministerial Ordinance, the governor of To, Do, Fu or prefecture must request the technicians who have special learning of improvement, development and conservation of agricultural lands to examine the matters bearing on said petition and to present the report thereon. 3 The examination mentioned in the preceding paragraph must contain that of the necessity and feasibility of matters bearing on said petition. 4 In case the report mentioned in par.2 has been presented, the governor of To, Do, Fu or prefecture must without delay give public notice to that effect and, by fixing a reasonable period of not less than twenty days, show to public inspection said report, as well as documents stating outline of land improvement project plan that has bearings on the petition prescribed in par.1 of the preceding Article and the basic matters upon which Articles of District are made. 5 Any owner of land relative to said land improvement project or things located thereon, any person holding a fishery right or common of piscary, or any holder of a right to said land, things or rights (hereinafter referred to as "persons interested" ) and any petitioner mentioned in par.1 of the preceding Article may file opinions upon the matters respecting the public inspection prescribed in the preceding paragraph with the governor of To, Do, Fu or prefecture;provided that this shall not apply when ten days have elapsed after the expiration of the period of public inspection prescribed in the preceding paragraph. 6 Based upon the report mentioned in par.2 and taking into consideration the opinions of the preceding paragraph, the governor of To, Do, Fu or prefecture must determine whether or not the organization of the land improvement district with reference to the petition filed in accordance with the provision of par.1 of the preceding Article is pertinent, and notify it to said petitioners.
(Petition for Approval of Organization) Article 7. Having received a notification to the effect that the organization of a land improvement district is deemed pertinent in accordance with the provision of par.6 of the preceding Article, the petitioners prescribed in Art.5 may, as provided for by Ministerial Ordinance, file a petition with the governor of To, Do, Fu or prefecture for approval of the organization of petitioned land improvement district, after having prepared the land improvement project plan, the Articles of District and other necessary matters. 2 Both land improvement project plan and Articles of District in the preceding paragraph must be drawn up by the persons selected and appointed through the method consented to in accordance with the provision of Art.5 par.2, based upon the outline of land improvement project plan petitioned under the provision of par.1 of the same Article and matters to be the basis for drawing up the Articles of District. 3 The petitioners prescribed in par.1 may request assistance from technical officials of To, Do, Fu or prefecture who have special learning of improvement, development and conservation of agricultural lands for the preparation of the land improvement project plan and the Articles of District. 4 To, Do, Fu or prefecture shall not refuse such request as provided for in the preceding paragraph except when there is some justifiable reason.
(Investigation, Public Notice, etc.) Article 8. When the petition mentioned in par. 1 of the preceding Article has been filed, the governor of To, Do, Fu or prefecture must make a detailed review of said land improvement project plan and Articles of District to determine the propriety thereof and thus notify said petitioners. 2 In accordance with the provisions of Ministerial Ordinance, the governor of To, Do, Fu or prefecture must, in making detailed review of the preceding paragraph, have recourse to the report which is furnished in consequence of examination by technicians who have special learning of improvement, development and conservation of Agricultural lands. 3 The examination of the preceding paragraph must contain that of all utility and cost from and of said land improvement project. 4 Having determined that said petition is proper and adequate in accordance with the provision of par.1, the governor of To, Do, Fu or prefecture must without delay give public notice thereof, and show copies of the written land improvement project plan and the Articles of District, which have been so determined, to public inspection for a reasonable period of twenty days or more.
(Lodging of Objection) Article 9. Persons interested in said land improvement project may, in case they are opposed to the determination made to the public notice under the provision of par.4 of the preceding Article, file an objection with the governor of To, Do, Fu or prefecture;except when ten days have elapsed after the expiration of the period of inspection prescribed in the same paragraph. 2 Having received the objection prescribed in the preceding paragraph the governor of To, Do, Fu or prefecture must determine it, asking for opinions of the technicians mentioned in par.2 of the preceding Article, within sixty days after the expiration of the period of inspection mentioned in par.4 of the same Article. 3 The governor of To, Do, Fu or prefecture must reject the petition for approval mentioned in Art.7 par.1, when the determination under the provision of the preceding paragraph is contradictory to the outline of land improvement project plan petitioned under the provision of Art.5 par.1 and matters to be the basis for drawing up the Articles of District.
(Formation of Land Improvement District) Article 10. The governor of To, Do, Fu or prefecture must approve the organization of a land improvement district, except for a case mentioned in par.3 of the preceding Article, when no objection mentioned in par.1 of the same Article is filed, or when all objections, if filed, have been determined in accordance with the provision of par.2 of the same Article, 2 The organization of land improvement district shall, with approval prescribed in the preceding paragraph, be completed covering certain boundaries of district mentioned in Art.5 par.1. 3 When the land improvement district has been formed, the governor of To, Do, Fo or prefecture must give public notice thereof without delay. 4 No formation of said land improvement district can set up against any member thereof or any other third person, unless and until public notice is given as prescribed in the Preceding paragraph.
(Membership) Article 11. Any person who has the qualification prescribed in Art.3 with respect to lands within the boundaries of land improvement district shall be member of the land improvement district.
(Bearing of Expenses for Organization) Article 12. The expenses for organization of a land improvement district shall be borne by said district which has been organized; provided that, in case said organization has not been effected, the expenses therefor shall be borne by petitioners for the organization.
(Juridical Personality of Land Improvement District) Article 13. The land improvement district shall be a juridical Person.
(Monopoly of Official Name) Article 14. The name of any land improvement district must contain the words, Land Improvement District. 2 The name of any other than a land improvement district must not contain the words, Land Improvement District.
(Project of Land Improvement District) Article 15. Any land improvement district shall undertake a land improvement project within its boundaries. 2 The land improvement district may undertake any project incidental to that which is mentioned in the. preceding paragraph.
Part 2 Administration of Land Improvement District
(Articles of District) Article 16. The Articles of any land improvement district shall include the following affairs: (1) Official name and approval number; (2) Boundaries of the district; (3) Project; (4) Location of its offices; (5) Matters relating to share in the expenses; (6) Matters relating to fixed number, term of office, division of duties and election of officers; (7) Business year; (8) Method of publishing notice. 2 Business year shall be prescribed by Ministerial Ordinance.
(By-laws) Article 17. The following affairs may, except for matters which must be provided for by Articles of District, be prescribed by by-laws: (1) Matters relating to general meeting or assembly of representatives; (2) Matters relating to management of business and accounts; (3) Matters relating to officers; (4) Matters relating to members; (5) Other necessary matters.
(Election of officers) Article 18. There shall be directors and auditors for a land improvement district as officers thereof. 2 The fixed number of directors shall be not less than five, and that of auditors the even number not less than two. 3 The directors and one half of the auditors shall be elected from among the members at a general meeting of the membership under the provisions of the Articles of District;and the other half of the auditors shall be appointed by the governor of To, Do, Fu or prefecture. However, the directors and auditors to be elected at the time of organization of the land improvement district shall be selected and appointed from among the petitioners mentioned in Art.5 par.1 and the persons, who have agreed on said organization, mentioned in par.2 of the same Article, by the petitioners. 4 Officers shall be elected by secret ballot. 5 The term of office of the directors and the auditors elected shall be one year;provided, however, that, if the term is otherwise fixed to be not more than two years, the same term shall be adopted. 6 The term of office of the directors and the auditors to be elected at the time of the organization shall last until the first session of the general meeting of the membership, irrespective of the provision of the preceding paragraph. 7 Any officer who fills a vacancy shall hold his post for the remaining term of office of his predecessor. 8 Any director or auditor elected shall, even though his term of office is expired, remain at his post up to the day of his successor being inaugurated. 9 The land improvement district must report the full names and addresses of the directors to the governor of To, Do, Fu or prefecture. 10 Having received the report prescribed in the preceding paragraph, the governor of To, Do, Fu or prefecture must give public notice thereof without delay. 11 The land improvement district can not set up against a third person (excluding the members of the district) with any representative right of the directors, unless and until public notice is given under the provision of the preceding paragraph.
(Duties of Officers) Article 19. The directors shall, as stipulated by Articles of District, represent the land improvement district;provided that they must follow any resolution of general meeting of the membership. 2 The business of any land improvement district shall be fixed by majority of the directors;provided that this shall not apply if otherwise provided for by Articles of District. 3 The auditors shall supervise and review both business and condition of the property of the land improvement district.
(Prohibition of Assuming Concurrent Offices) Article 20. Any two offices of director, auditor and employee must not be held concurrently by any single person.
(Auditor's Right to Represent District) Article 21. Any auditor of a land improvement district shall act on behalf of such district in any contract or litigation between the district and any of the directors.
(Organization of General Meeting) Article 22. The general meeting of a land improvement district shall consist of all the members thereof.
(Assembly of Representatives) Article 23. The assembly of representatives which is authorized to take the place of a general meeting of the membership may, in accordance with the Articles of District, be established for a land improvement district with not less than five hundred members. 2 The quorum of the representatives shall be fixed by Articles of District;provided that it must be not less fifty for a land improvement district with not less than five hundred and not more than one thousand members;not less than one hundred for a land improvement district with not less than one thousand and not more than ten thousand members;and not less than two hundred for a land improvement district with not less than ten thousand members. 3 The representatives shall be elected by the members from among the members who are twenty five or more years of age (excluding members adjudged incompetent or quasi-incompetent or members who are sentenced to imprisonment without hard labor or heavier penalty and are under its execution). 4 The election prescribed in the preceding paragraph shall be conducted, on the principle of directness, equality and secrecy, under the control of the Election Administration Commission of To, Do, Fu, prefecture, or city, town or village in accordance with the provisions of Cabinet Order. 5 The expenses required for the election prescribed in par.3 shall be paid by the land improvement district concerned. 6 The tenure of office of the representatives shall be four years;provided that representatives who fill vacancies shall hold their post for the remaining tenure of office of their predecessors. 7 The representatives shall still remain in office until their successors assume their office, even though their tenure of office has expired. 8 Any representative, who has not his eligibility, shall be relieved of his office. In this case, whether or not he is in possession of eligibility shall be decided at the assembly of representatives. 9 The provisions concerning the general meeting of the membership shall apply mutatis mutandis to the assembly of representatives.
(Request for Recall of Representatives) Article 24. Members may, with ajoint signature of one-third of the total thereof or more in accordance with the provisions of Cabinet Order, file, through their representatives, documents stating due reasons with the Election Administration Commission of To, Do, Fu, prefecture, or city, town or village and request for the recall of representatives. 2 On receiving the request prescribed in the preceding paragraph, the Election Administration Commission of To, Do, Fu, prefecture, or city, town or village must without delay publish the purport of said request and refer the same to the voting by members. 3 When the majority of the members have balloted for the recall prescribed in the preceding paragraph, representatives shall be relieved of office. 4 Except in case of special provisions of Cabinet Order, the provisions of par.3 to par.5 inclusive of the preceding Article shall apply mutatis mutandis to the ballot for the recall prescribed in par.2.
(Convening of General Meeting) Article 25. The directors must convene an ordinary general meeting once each business year. 2 The directors may, if they deem it necessary, convene an extraordinary general meeting at any time.
Article 26. In case members, with the consent of one-fifth or more of the whole membership, file with a land improvement district, documents stating the purposes and the reasons for convening of a general meeting (in case the assembly of representatives is established, said assembly) and request the convocation thereof, the directors must call a general meeting within twenty days from the day when such request is made.
(Convening by Auditor of Meeting) Article 27. In case there is no director available, or the directors without any justifiable reason fail to take any proceedings to convene a general meeting in spite of the request prescribed in the preceding Article, the auditors must call the general meeting.
(Notice of Convening Meeting) Article 28. In order to convene a general meeting, a notice which contains the date and place appointed as well as the purposes thereof must be despatched to each of the members at least five days prior to the day appointed for said meeting;provided, however, that the above mentioned period may, in case of urgent necessity, be reduced to not less than three days.
(Keeping of Books Concerned) Article 29. The directors must keep at the main office Articles of District, by-laws, written project plan, register of members, land ledger and minutes and preserve those documents. 2 The register of members and land ledger mentioned in the preceding paragraph must contain particulars fixed by Ministerial Ordinance. 3 If any member or any person interested in project of the land improvement district concerned requests inspection of the books mentioned in par.1, the directors must not refuse it without some justifiable causes therefor.
(Matters to be Resolved by General Meeting) Article 30. Any of the following matters must be adopted by resolution of general meeting of the members: (1) Amendments in the Articles of District; (2) Establishment, amendment or abolition of the by-laws; (3) Raising of bond or loan of money and their method, rate of interest and the method of repayment; (4) Making of an estimated amount of receipts and disbursement; (5) Contract wherefor the land improvement district shall be liable, excepting what is fixed in the estimate; (6) Method of imposition and collection of assessment, labor and things; (7) Consent to the project report, the settlement of accounts and the inventory; (8) Matters to be fixed upon deliberation as prescribed in Art.77 par.2 or Art.81; (9) Proposal prescribed in Art.93 par.1; (10) Decision on opinion mentioned in Art.97 par.4. 2 As regards amendments in the Articles of District, the approval of the governor of To, Do, Fu or prefecture shall be required. 3 On making the approval mentioned in the preceding paragraph, the governor of To, Do, Fu or prefecture must without delay give public notice thereof. 4 No amendment in the Articles of District can be made effective against a third person (excluding members) unless and until the public notice prescribed in the preceding paragraph is given.
(Vote of Resolution or Election) Article 31. Each member of any land improvement district shall have one vote for resolution as well as for election of officers and representatives. 2 Any member may exercise the vote of resolution or election by sending a document or by proxy relating to matter of which the notice prescribed in Art.28 has been given. 3 Any member who votes for resolution or election in accordance with the provision of the preceding paragraph shall be deemed to be a person present. 4 Any proxy must be a member of the district. 5 No proxy may stand for two or more members of the district at the same time. 6 Any proxy must present to the land improvement district a document authorizing his right of representation.
(Method of Resolution, etc. at General Meeting) Article 32. Except as otherwise provided for by this Law, the Articles of District or the by-laws, the proceedings of a general meeting of the membership shall be resolved by a majority of votes of not less than half the members present;in case of a tie, the chairman shall have a casting vote. 2 The chairman shall be elected at a general meeting of the membership. 3 The chairman shall have no vote as a member at a general meeting of the membership.
(Method of Resolution of Important Matters) Article 33. Two-thirds or more of the votes of the members present at a general meeting whereat two-thirds or more of the total members are present shall be required for the resolution of the proceedings of general meeting concerning the following affairs: (1) Changes in the Articles of District; (2) Determination or alteration of the land improvement project; (3) Dissolution or amalgamation.
(Restriction on Matters for Resolution) Article 34. At a general meeting of the membership, resolution may be made only as to matters (of which notice has been given in advance under the provision of Art.28;except as otherwise provided for by the Articles of District.
(Application with Necessary Modifications of Civil Code) Article 35. The provisions of Art.44 par.1 (Responsible Capacity for Unlawful Act by Juridical Person), Art.50 (Place of Residence of Juridical Person), Art.54 (Restriction on Representative Right), Art.55 (Authorization of Representative Right) and Art.66 (Case with No Vote to Exist) of the Civil Code (Law No.89 of 1896) shall apply mutatis mutandis to any land improvement district.
(Imposition of Expenses) Article 36. In order to meet expenses incurred by its project (including money collected in accordance with the provision Art.90 par.3 or the latter part of Art.91), any land improvement district may, as provided for by the Articles of District, impose upon and require its members to pay money, perform labor or present things with respect to land situated within the district. 2 In imposing as prescribed in the preceding paragraph, the benefits received from said project by said land must be taken into consideration. 3 If, in cases where change is made in a land improvement district, a new land is to be included therein, the district may require admission fee to be paid respecting said land besides what is provided for in par.1. 4 Any member cannot avail himself of a setoff against the payment of money levied, labor imposed or things exacted, in accordance with the provision of par.1, or admission fee mentioned in the preceding paragraph. 5 Labor or things exacted shall be imposed in conversion to amount of money. 6 Labor imposed or things exacted may be replaced by money. 7 All labor imposed in connection with the execution of a land improvement project under par.1 shall be in accordance with the effect of the established labor standard and wage legislation.
(Fine for Default) Article 37. A land improvement district may, in accordance with the provision of the Articles of District, impose a fine for default upon any member thereof.
(Entrusting of Collection of Assessment, etc.) Article 38. A land improvement district may, as prescribed by Cabinet Order, entrust city, town or village with collection of money to be collected in accordance with the provision of Art.36 par.1 or par.3 (including money to be collected by settlement in accordance with the provision of Art.42 par.2), the fine for default mentioned in the preceding Article, or such liquidation money as fixed in land-substituting schedule or in plan for consolidation and exchange.
(Collection of Assessments, etc.) Article 39. In case any person fails to pay money charged in accordance with the provision of Art.36 par.1 or par.3 (including money to be paid according to the settlement prescribed in Art.42 par.2) or its interest for delay, the fine for default mentioned in Art.37, or such liquidation money as fixed in land-substituting schedule or in plan for consolidation and exchange, or in case any person upon whom labor or things have been levied either fails to perform it or to pay money instead of said labor or things within a fixed period, the city, town or village concerned shall, upon the request of the land improvement district, proceed to dispose of such arrears, following the case of disposition for failure to pay local taxes. In this case, said land improvement district must transfer four-hundredths of the amount of money collected to said city, town or village. 2 In case the city, town or village neither proceeds to effect the abovementioned disposition within thirty days nor completes it within ninety days computing from the day on which the request mentioned in the preceding paragraph has been made, the directors may, as in the case of disposition for failure to pay local taxes, dispose of it themselves upon obtaining the due approval of the governor of To, Do, Fu or prefecture concerned. 3 In case money is collected in accordance with the provisions of the preceding two paragraphs, the preferential right to such collection shall come next in the order of priority to that of the city, town or village taxes;and the prescription thereof shall be effected correspondingly as in the case of city, town or village taxes.
(Bond and Loan) Article 40. Any land improvement district may, if necessary for execution of its project, raise bond or borrow money. 2 The State or any financing organ whereto it makes investment may accept such bond as mentioned in the preceding paragraph or loan out such money as mentioned in the same paragraph.
(Restriction on Alterations of Articles of District, etc.) Article 41. In case any land improvement district has bond or loan of money raised, the same must not, unless its creditors make consent, reduce its boundaries, alter the Articles of District concerning share in obligations, abandon its project, or either dissolve or amalgamate itself. 2 The creditors mentioned in the preceding paragraph can not refuse such consent as mentioned in the preceding paragraph except when there is some justifiable reason. 3 In case any land improvement district has performed any act prescribed in par.1 without consents of its creditors obtained, such creditors may file objections with the governor of To, Do, Fu or prefecture;provided, however, that this shall not apply if twenty days have elapsed since public notice of the approval of the act was made. 4 The governor of To, Do, Fu or prefecture must, when he has received the objections prescribed in the preceding paragraph, determine them within sixty days after the expiration of the period of filing objections prescribed in the same paragraph.
(Succession and Settlement of Right and Obligation) Article 42. In case any member of a land improvement district has lost qualification required of member relative to the whole or part of the land which forms the subject-matter of rights which have bearings on said qualification, rights and obligations concerning the project of said land improvement district, which said member owns relative to the whole or part of said land, shall be transferred to a person who has acquired qualification required of member relative to the whole or part of said land by succession to rights to and in the whole or part of said land or by shift as prescribed in Art.3 par.2. 2 If, in cases where any member of a land improvement district has lost his qualification of member relative to the whole or part of the land which forms the subject-matter of rights which have bearings on said qualification, neither succession mentioned in the preceding paragraph nor shift as prescribed in Art.3 par.2 has occurred, said member and said district must make necessary settlement relating to rights and obligations concerning the project of said district, which said member owns relative to the whole or part of the land.
(Members'Duties to Notify Their Acquisition or Loss of Qualifications) Article 43. In case any person has acquired or lost qualification of member relative to the whole or part of the land within the boundaries of said land improvement district, he must notify said land improvement district to that effect. 2 Any person concerned mentioned in the preceding paragraph can not make effective said loss or acquisition of such qualification against a third person, unless and until such notice as prescribed in the same paragraph is given.
(Representative of Co-Owners, etc.) Article 44. If, in case where there are not less than two persons who are, based on title, using or usufructing, or co-owners of, th same land within the boundaries of a land improvement district, they are all members, these persons must appoint one of them their representative in order to entrust him with the performance of such acts (exclusive of voting for resolution and election) as the members of the land improvement district ought to do, and notify said land improvement district thereof;provided that this shall not apply in case the land improvement district is organized by none but these persons. 2 No restriction imposed on the power of the representative mentioned in the preceding paragraph can be made effective against a third person. 3 No expiration of the delegation prescribed in par.1 can be made effective against a third person in good faith unless and until notice thereof is given to said land improvement district. 4 In case the persons prescribed in par.1 do not go through such procedure as mentioned in the same paragraph, as regards any act to be done to them as members of said land improvement district, it shall be sufficient if it is done to anyone of them.
(Notice or Peremptory Notice to Members) Article 45. As regards any notice or any peremptory notice to be given by a land improvement district to its members, it shall be sufficient if it is addressed to their permanent residences which have been entered in the list of the members (if they have especially informed said district of places for receiving such notice or peremptory notice, to such places). 2 The notice or peremptory notice mentioned in the preceding paragraph shall be deemed to have reached at such time as it should have reached in the ordinary course of affairs.
Part 3 Project of Land Improvement Head 1 Execution of Project
(Declaration to the Chief of Taxation Office and Notice of Starting and Completion of Works) Article 46. Any land improvement district must, before the works of a land improvement project are started, declare matters provided for by Ministerial Ordinance to the chief of the competent taxation office. 2 When a land improvement district has ircluded part of one lot of land in its boundaries, said district must go through the procedure of dividing the same lot, together with the declaration prescribed in the preceding paragraph. 3 When the works of a land improvement project are started, or completed, the land improvement district must without delay give notice thereof to the governor of To, Do, Fu or prefecture and the chief of the competent taxation office.
(Request for Assistance Necessary for Works) Article 47. Any land improvement district may request technical officials mentioned in Art.7 par.3 for assistance necessary for the works of a land improvement project. 2 The provision of Art.7 par.4 shall apply mutatis mutandis to the case of the preceding paragraph.
(Change, etc. in Land Improvement Project Plan) Article 48. In case changes are intended to be made in a land improvement project plan, or a land improvement project is desired to be either abolished or newly undertaken, any land improvement district must, as provided for by Ministerial Ordinance, fix necessary matters through a resolution of a general meeting of the membership, and file the same for approval of the governor of To, Do, Fu or prefecture. 2 If, in cases where a land improvement project is intended to be either newly undertaken or abolished, or changes are desired to be made in the plan for said project, and the petition for approval mentioned in the preceding paragraph is intended, it must be presented through a resolution of meeting organized by the members respecting lands wherefor said project is undertaken, and thus be accompanied with a document proving that said resolution has been made. 3 The proceedings of the meeting mentioned in the preceding paragraph shall be decided by votes of two-thirds or more of the members present, who constitute two-thirds or more of all the members mentioned in the same paragraph. 4 The provisions of Art.27, Art.28, Art.31, Art.32 pars.2 and 3 and Art.34 shall apply mutatis mutandis to the meeting mentioned in the preceding paragraph. 5 The provisions of Art.7 pars.3 and 4, Art.8, Art.9 and Art.10 par.1 shall apply mutatis mutandis to the case of par.1. 6 In. cases, not involving a prospective new land improvement project, where it is clear that there is no fear for the matter respecting approval mentioned in par.1 to interfere with rights or benefits of persons interested in the land improvement project concerned, such procedures as prescribed in Art.8 par.4 and Art.9 which apply mutatis mutandis under the preceding paragraph, may be omitted, if it is deemed reasonable by the governor of To, Do, Fu or prefecture. 7 On issuing the approval mentioned in par.1, the governor of To, Do, Fu or prefecture must give public notice thereof without delay. 8 Any change in a land improvement project plan, any abolition of a land improvement project, or fixing of a plan for a new land improvement project can not be made effective against a third person (excluding the members) unless and until public notice is given in accordance with the provision of the preceding paragraph.
(Case of Urgent Execution) Article 49. In case such land improvement project as mentioned in Art.2 par.2 item (5) is urgently required to be newly executed owing to disaster, any land improvement district may, irrespective of the provision of the preceding paragraph, on preparing the emergency construction work plan through the resolution of a general meeting and obtaining the approval thereof from the governor of To, Do, Fu or prefecture, proceed to undertake said project.
(Grant of or Inclusion in National Land) Article 50. In case State-owned land has become useless as a result of abandonment of the whole or part of roads, irrigation or drainage canals, reservoirs, levees, etc. because of the execution of a land improvement project, such land shall, under the provisions of Ministerial Ordinance, be granted without compensation to a land improvement district or the owner of land within the boundaries of said district. 2 Roads, irrigation or drainage canals, reservoirs, levees, etc. which have been created as a result of the execution of the land improvement project and which are to be substitutes for the abandoned ones mentioned in the preceding paragraph shall be included into Stateowned land without compensation.
(Designation of Land for Temporary Utilization) Article 51. A land improvement district may, as provided for by the by-laws, designate land for temporary utilization to be a substitute for the original land and the day of commencing the use of the same, if it is necessary prior to the completion of works of its land improvement project. 2 The land for temporary utilization mentioned in the preceding paragraph must be determined by the standard of the classification of land, area, soil type, water conditions, slope, temperature, etc. of the original land. 3 When the land improvement district has made the designation prescribed in par.1, it must give notice thereof to the holders of ownership, superficies, permanent tenancy, pledge, lease or loan-for-use of land for temporary utilization and original land. 4 Any persons who may use or usufruct the original land based on a title thereto, may use or usufruct the whole or part of the land for temporary utilizatson, in a manner to be fixed by its nature, under the same condition as the original land is used or usufructed, based on said title thereto, and from the day of commencing the use mentioned in par.1 until the time of public notice under the provision of Art.52 par.8. 5 In the case of the preceding paragraph, as regards the original land, the person mentioned in the same paragraph can not make use or usufruct which is the essential of the right owned by said person to said land. 6 Any person who holds the right mentioned in par.3 to the land for temporary utilization, having received the notice prescribed in the same paragraph, can not use or usufruct said land for temporary utilization from the day of commencing the use mentioned in par.1 until the time of public notice under the provision of Art.52 par.8. 7 The land improvement district must make good the loss which is normally incurred by the designation under the provision of par.1. 8 The land improvement district may collect from a person enjoying benefit owing to said designation under the provision of par.1, the sum of money corresponding the said benefit.
(Schedule for Land-Substitution) Article 52. When the construction work of a land improvement project has been completed, any land improvement district must, if necessary in the nature of said project, prepare a land-substituting schedule and file the same for approval of the governor of To, Do Fu or prefecture without delay. 2 The land-substituting schedule mentioned in the preceding paragraph must be prepared to contribute to the rationalization of farm management conducted by cultivators. 3 In preparing the land-substituting schedule mentioned in par.1, it must pass through the resolution of a meeting organized by all the persons holding ownership, superficies, permanent tenancy, pledge, lease or loan-for-use of lands subject to said schedule. 4 The proceedings of the meeting mentioned in the preceding paragraph shall be decided by votes of two-thirds or more of members present thereat, who constitute two-thirds or more of all the members mentioned in the same paragraph. 5 The provisions of Art.27, Art.28, Art.31, Art.32 pars.2 and 3, and Art.34 shall apply mutatis mutandis to the meeting mentioned in par.3. 6 The petition for approval mentioned in par.1 must be accompanied with a written consent of the Agricultural Land Commission of City, Town or Village concerned. In case, however, said consent can not be obtained within sixty days from the time of request for the same, it shall be required to attach a notification stating such reason. 7 In such case as mentioned in the proviso to the preceding paragraph, the governor of To, Do, Fu or prefecture must, when he intends to issue the approval mentioned in par.1, request the opinion of the Agricultural Land Commission of City, Town or Village concerned. 8 Having given the approval mentioned in par.1, the governor of To, Do, Fu or prefecture must give public notice thereof, and notify thereof to the registry office within his jurisdiction without delay.
Article 53. In land-substituting schedule, there must be fixed a substitutional land which corresponds to the original one. 2 The substitutional land mentioned in the preceding paragraph must be fixed by the standard of the classification of land, area soil type, water conditions, slope, temperature, etc. of the original land. 3 Substitutional land may be fixed irrespective of the provision of the preceding paragraph, if especially necessary for the rationalization of farm-management conducted by cultivators;this shall, however, only apply to those cases where so provided for by the by-laws beforehand, and where consent has been obtained from the person having such right as prescribed in par.3 of the preceding Article to the original land corresponding to said substitutional land. 4 In such cases as mentioned in the preceding two paragraphs, when there is any part that cannot be set off against classification of land, area, soil type, water conditions, slope, temperature, etc. which are all taken into consideration, liquidation must be made in money;and the amount thereof, and both method and time of payment therefor must be determined. 5 In case there is any right other than ownership or restriction to disposition relative to the whole or part of the original land, the substitutional land corresponding thereto must be fixed by designating land or its part which forms the subject-matter of said right or said restriction on disposition. 6 Any substitutional land must be fixed so that the extent of a single lot of land not extend over more than one city, town, village, Oaza or Aza (divisions of a village).
(Effect of Land-Substituting Disposition and Liquidation Money) Article 54. Substitutional land fixed in the land-substituting schedule of which public notice has been given under the provision of Art.52 par.8, shall be regarded as original land as from the day of said public notice, except such case as prescribed in Art.63 par.1. 2 The provision of the preceding paragraph shall not prejudice any administrative or judicial measures having to do exclusively with the original land. 3 When public notice has been given in accordance with the provision of Art.52 par.8, any land improvement district must pay liquidation money, as fixed in the land-substituting schedule whereof said public notice has been given. 4 In the case of the preceding paragraph, the land improvement district may collect liquidation money as fixed in said land-substituting schedule.
(Registration according to Land-Substituting Disposition) Article 55. When the approval mentioned in Art.52 par.1 has been given, any land improvement district must without delay apply for new registration of lands and buildings already registered, which are pertinent to said land-substituting schedule.
(Demand for Conference by Land Improvement District) Article 56. Any land improvement district may demand to enter into conference with persons or bodies who newly establish, maintain, abolish or change irrigation or drainage facilities over matters necessary for reasonable agricultural use of waters. 2 In case neither conference can be held in accordance with the provision of the preceding paragraph, nor is agreement arrived at, said land improvement district may file petition for ruling thereof with the governor of To, Do, Fu or prefecture. 3 The provision of Art.6 par.2 shall apply mutatis mutandis in making the ruling mentioned in the preceding paragraph. 4 When the ruling mentioned in par.2 has been made, both parties must, as fixed by the same ruling, enter into an agreement.
(Administration of Facilities) Article 57. Any land improvement district must maintain and administer irrigation or drainage facilities, agricultural roads and other facilities required for conservation or utilization of agricultural lands, which would be, after the completion of the works of a land improvement project, created thereby. In this case the statement to that effect shall be required in the Articles of District.
Head 2 Adjustment of Right Relations
(Member's Right of Use or Usufruct) Article 58. Any member may demand to enter into a conference with the other party, about alteration in contract of creation of superficies, permanent tenancy or pledge, or in a contract of lease or loan-for-use so that he may impartially and fairly enjoy accomplishments of a land improvement project with respect to land which he is using or usufructing, based on said superficies, permanent tenancy, pledge, lease or loan-for-use.
(Beneficial Expenses to Be Redeemed) Article 59. In case beneficial expenses laid out for a land improvement project are redeemed in accordance with the provisions of the Civil Code, a sum to be redeemed shall, irrespective of the provision of the text of Art.196 par.2 of the same Code, be limited to the increased amount of value.
(Non-Member's Claim for Reduction or Repayment of Land-Rent, etc.) Article 60. In case the utilization of such land as forms the subject-matter of superficies, permanent tenancy, easement or lease is interfered with by a land improvement project, any holder of superficies, permanent tenancy or easement, or any lessee, who is not a member with respect to said land (in the case of a holder of easement, the servient tenement), may claim a reasonable reduction of land-rent, equivalent to easement or rent, or a reasonable repayment of land-rent, farmrent, equivalent to easement or rent which has been paid in advance.
(Non-Member's Waiver of Right, etc.) Article 61. In case any purpose, for which superficies, permanent tenancy, easement, lease or loan-for-use has been created, has proved not to be fulfilled owing to land improvement project, any holder of superficies, permanent tenancy or easement, lessee, or lender, who is not a member with respect to said land (in the case of a holder of easement, the servient tenement), may waive said right or rescind the contract. 2 If, in cases where said waiver or rescission is made in accordance with the provision of the preceding paragraph, the person mentioned in the same paragraph (excluding a holder of easement) is leasing or loaning for use said land, said person must obtain a consent from the lessee or lender;the same shall apply in case the holder of easement mentioned in the same paragraph has superficies or permanent tenancy created on said dominant tenement, or is leasing or loaning for use said land. 3 In the case of par.1, any person mentioned in the same paragraph may demand a land improvement district which executes said project to indemnify loss incurred by being interrupted to fulfill the purpose;provided, however, that said district may, in accordance with the provisions of its by-laws, demand compensation from a person who is a member of said district relative to said land (in the case of a holder of easement, the servient tenement).
(Member's Claim for Increase in Land-Rent, etc.) Article 62. In case the utilization of such land as forms the subject-matter of superficies, permanent tenancy, easement or lease has been enhanced by execution of a land improvement project, any owner or lessee who is a member relative to said land may claim a reasonable increase of land-rent, farm-rent, equivalent to easement or rent. 2 When the claim mentioned in the preceding paragraph is made, any person holding any right mentioned in the same paragraph may exempt himself from obligation by waiving the right or rescinding the contract.
(Effect of Easement) Article 63. Easement existing on land pertinent to land-substituting schedule shall remain effective on the original land even after public notice has been given under the provision of Art.52 par.8. 2 In case it has been no longer needful for easement to receive benefit, wherefor it is to be exercised, because of the execution of a land improvement project, such easement shall become extinct. 3 Any person holding easement who has come to be unable to enjoy the same benefit as before because of a land improvement project, may claim the creation of easement to the extent that he retains said benefit. However, this shall not apply in case a reduction is made of equivalent to easement based on a claim under the provision of Art.60.
(Term of Claim) Article 64. When thirty days have passed from the day of such public notice as prescribed in Art.52 par.8, no claim can be made for rescission of lease, waiver of superficies or permanent tenancy, waiver or creation of easement, or reduction, repayment or increase of rent, land-rent, farm-rent, or equivalent to easement, under the provisions of the preceding four Articles, except for the case mentioned in Art.62 par.2.
(Application of Agricultural Land Adjustment Law) Article 65. The procedure under the provisions of Art.58 to the preceding Article inclusive shall conform to the appropriate provisions of the Agricultural Land Adjustment Law (Law No.67 of 1938).
Part 4 Change of Boundaries, Dissolution and Amalgamation of Land Improvement District
(Change of Boundaries of District.) Article 66. When, in cases where any land improvement district intends to file a petition for approval of changes in the Articles of District in respect of the alteration of the boundaries, there are such lands as are to be newly included in a district, said district must give public notice of the Articles of District and the land improvement project plan, and obtain a consent thereto from two-thirds or more of the persons who have such qualification as mentioned in Art.3 relating to said lands which are to be included in said district. 2 When, in cases where it has turned out explicit that a land within the boundaries of said district is not benefited by the project of said land improvement district, any member thereof respecting said land makes an offer, said district must exclude said land from its boundaries.
(Dissolution) Article 67. Any land improvement district shall be dissolved for any of the following reasons: (1) Resolution of a general meeting of the membership; (2) Order by Court of dissolution as provided for in Art.135; (3) Amalgamation. 2 The dissolution of the land improvement district by resolution of a general meeting of the membership shall not come into effect unless it obtains approval of the governor of To, Do, Fu or prefecture. 3 When the land improvement district has been dissolved for any of the reasons mentioned in par.1 item (1) or (2), the governor of To, Do, Fu or prefecture must without delay give public notice of said dissolution. 4 Any dissolution of the land improvement district cannot be made effective against a third person (exclusive of the members of said district), unless and until such public notice as prescribed in the preceding paragraph is given.
(Liquidator) Article 68. In case a land improvement district has been dissolved, the directors shall become liquidators except when the dissolution is effected by amalgamation;provided that this shall not apply when liquidators have been elected from among other persons at a general meeting of the membership.
(Liquidator's obligation to Investigate Assets) Article 69. Immediately after assuming office the liquidator must investigate the actual conditions of assets belonging to a land improvement district, prepare an inventory thereof and a method of disposition of said assets, and submit the same to a general meeting of the membership for consent.
(Restriction on Disposition of Remaining Assets) Article 70. The liquidator cannot dispose of the remaining assets of a land improvement district until after having paid all of its liabilities.
(Liquidator's Obligation for Statement of Settlement) Article 71. When the affairs of liquidation have been completed, the liquidator must without delay prepare a statement on the settlement of accounts and submit the same to a general meeting of the membership for consent.
(Resolution of Amalgamation) Article 72. In order that a land improvement district may effect amalgamation, a resolution authorizing it must be adopted at a general meeting of the membership.
(Amalgamation by Absorption) Article 73. In case one of land improvement districts which are to be amalgamated continues to exist after amalgamation, said land improvement district must file a petition for approval for alterations in the Articles of District under the provision of Art.30 par.2, accompanied with written resolutions by respective districts concerned for said amalgamation. 2 Having made the approval mentioned in the preceding paragraph, the governor of To, Do, Fu or prefecture must without delay give public notice under the provision of Art.30 par.3, with respect to the land improvement district which continues to exist after said amalgamation, and public notice of dissolution with respect to the land improvement district which becomes extinct in consequence of said amalgamation. 3 Any amalgamation prescribed in par.1 cannot be made effective against a third person (excluding the members of the districts concerned), unless and until the public notice mentioned in the preceding paragraph is given.
(New Organization by Amalgamation) Article 74. In order that a land improvement district may be organized by amalgamation, such persons as have been elected from among the members of land improvement districts concerned at their respective general meetings of the membership must become petitioners mentioned in Art.5 for such organization to perform acts requisite for said organization. 2 When, in the case of the preceding paragraph, a petition is filed for approval in accordance with the provision of Art.5 par.1, written resolutions by respective districts concerned for said amalgamation must be attached thereto. 3 When, in the case of par.1, the governor of To, Do, Fu or prefecture has made approval mentioned in Art.10 par.1, he must without delay give public notice of dissolution with respect to the land improvement district which becomes extinct in consequence of said amalgamation, and public notice under the provision of par.3 of the same Article with respect to the land improvement district which has been completely organized by said amalgamation. 4 Any amalgamation prescribed in par.1 cannot be made effective against a third person (excluding the members of the districts concerned), unless and until the public notice mentioned in the preceding paragraph is given.
(Succession to Rights and Obligations through Amalgamation) Article 75. The land improvement district which continues to exist after amalgation or the land improvement district which comes into existence in consequence of the amalgamation shall succeed to the rights and obligations of the land improvement districts which have ceased to exist in consequence of the amalgamation (including such rights and obligations as the last-mentioned districts have possessed under the permission, approval or any other disposition effected by the administrative agencies, in respect of a project carried out thereby).
(Application with Necessary Modifications of Civil Code and Non-Litigant Case Procedure Law) Article 76. The provisions of Art.73 (Liquidating Juridical Person), Art.75 (Election by Court of Liquidators), Art.76 (Recall of Liquidators), Arts.78 to 80 inclusive (Official Power of a Liquidators, Public Notice and Peremptory Notice of Proposal of Credits and Credits Which Have Been Proposed after the Termination of the Period), Art.82 (Supervision over Dissolution and Liquidation) and Art.83 (Due Notice of the Completion of Liquidation) of the Civil Code, as well as Art.35 par.2 (Jurisdiction of the Supervision over Dissolution and Liquidation of Juridical Person), Art.36 (Election of Inspectors), Art.37-(2)(Compensation to Liquidators and Inspectors Elected by Court), Art.135-(25) pars.2 and 3 (Investigation for Purpose of the Supervision of Court, etc.), Art.136 (Jurisdiction of Liquidation Cases), Art.137 (Justice on Election and Recall of Liquidators) and Art.138 (Unqualified Liquidators) of the Non-Litigant Case Procedure Law (Law No.14 of 1898) shall apply mutatis mutandis to the dissolution and liquidation of the land improvement district.
Part 5 League of Land Improvement Districts
(Organization) Article 77. In order to execute a part or parts of the project jointly with another district, any land improvement district may organize a league of land improvement districts. 2 In case any land improvement district organize a league of them, said districts must, as provided for by Ministerial Ordinance, draw up and prepare a draft of the Articles of League of Districts, a land improvement project plan and other necessary particulars upon deliberation among them, and submit the same for approval to the governor of To, Do, Fu or prefecture.
(Monopoly of Official Name) Article 78. The name of any league of land improvement districts must contain the words, League of Land Improvement Districts. 2 The name of any other than a league of land improvement districts must not contain the words, League of Land Improvement Districts.
(Articles of League of Districts) Article 79. The Articles of League of Districts of any league of land improvement districts must contain the following affairs: (1) Official name and approval number; (2) Land improvement districts belonging to the league; (3) Project; (4) Location of the office; (5) Matters relating to share in the expenses; (6) Matters relating to fixed number, tenure of office, division of duties and election of officers; (7) Matters relating to the membership of the general meeting of the league; (8) Business year; (9) Method to give public notice. 2 Business year shall be prescribed by Ministerial Ordinance.
(Formation of General Meeting) Article 80. The general meeting of a league of land improvement districts shall, in accordance with the provisions of the Articles of League of Districts, be formed by the members of the meeting who are selected and appointed from among the members of respective districts belonging thereto. 2 No league of land improvement districts can establish the assembly of the representatives.
(Addition or Reduction of Districts Belonging to) Article 81. In order that any league of land improvement districts may make any addition or reduction in respect of the districts belonging to, said league must, upon deliberation reached among all of land improvement districts concerned, as provided for by Ministerial Ordinance, prepare the Articles of League of Districts, the land improvement project plan and other necessary matters and submit them for approval to the governor of To, Do, Fu or prefecture.
(Officers) Article 82. The directors shall, as provided for by the Articles of League of Districts, be elected from among the members of the meeting of the league at a general meeting of the membership.
(Prohibition of Amalgamation) Article 83. No league of land improvement districts can be amalgamated with another league.
(Application with Necessary Modifications of Provisions Regulating Land Improvement District) Article 84. The provisions regulating the land improvement district shall apply mutatis mutandis to any league of land improvement districts except as otherwise provided for by this Law.
Section 2 Land Improvement Project Executed by State, or To, Do, Fu or Prefecture
(Petition) Article 85. Not less than fifteen persons with the qualification prescribed in Art.3 may, in accordance with the provisions of Cabinet Order, fixing certain boundaries of district embracing lands relating to said qualification, file a petition requesting that a land improvement project is to be executed by State, or To, Do, Fu or prefecture with respect to said district, with the Minister of Agriculture and Forestry in the case of such as to be executed by State (hereinafter referred to as "State operated land improvement project" ), or with the governor of To, Do, Fu or prefecture in the case of such as to be executed by To, Do, Fu or prefecture (hereinafter referred to as "prefecture-operated land improvement project" ), respectively. 2 In order to file the petition prescribed in the preceding paragraph, the person mentioned in the same paragraph must beforehand, as provided for by Ministerial Ordinance, give public notice of the outline of the plan for land improvement project to be executed with respect to certain boundaries of the district mentioned in the same paragraph and other necessary matters, and obtain the consent of two-thirds or more of the persons with the qualification prescribed in Art.3 relating to lands within the boundaries of said district. 3 In order to make petition under the provision of par.1, said petition must be presented to the governor To, Do, Fu or prefecture concerned, together with a document stating the matters of which public notice has been given in accordance with the provision of the preceding paragraph and a document showing that the consent has been obtained, and a document stating that a land improvement district or a league of land improvement districts is to be organized with respect to the boundaries of said district.
(Preliminary Investigation of Petitions) Article 86. In case any petition has been filed under the provision of the preceding Article, the governor of To, Do, Fu or prefecture (in case the boundaries of a district covered by the State-operated land improvement project bearing on said petition extend over the limits of two or more of To, Fu and prefectures, the governors of To, Fu and prefectures concerned, upon deliberation reached among them), must make a preliminary investigation respecting the matters bearing on said petition. 2 The provisions of Art.6 pars.2 to 6 inclusive shall apply mutatis mutandis to the case of the preceding paragraph. 3 The governor of To, Do, Fu or prefecture, or the governor of To, Fu and prefectures concerned, having determined that the matters bearing on the petition to the Minister of Agriculture and Forestry are deemed proper and reasonable in accordance with the provision of Art.6 par.6 which applies mutatis mutandis under the preceding paragraph, must forward the notification thereof to the Minister of Agriculture and Forestry, together with documents pertinent to said petition without delay.
(State-Operated Land Improvement Project Plan and Prefecture-Operated Land Improvement Project Plan) Article 87. When, in cases where the notification has been forwarded under the provision of par.3 of the preceding Article, the Minister of Agriculture and Forestry deems the matters bearing on said notification forwarded proper and reasonable, or when the governor of To, Do, Fu or prefecture has made determination that the matters are deemed proper and reasonable under the provision of par.1 of the same Article, said Minister or said governor must prepare a land improvement project plan in order to carry out Stateoperated land improvement project or prefecture-operated land improvement project, which is referred to in said notification forwarded or determination, respectively. 2 The provisions of Art.8 pars.2 and 3 shall apply mutatis mutandis to the cases of the preceding paragraph. 3 On fixing a land improvement project plan under the provision of par.1, the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture must give public notice thereof and show a copy of said written land improvement project plan to public inspection fixing a reasonable period of not less than twenty days. 4 If any person interested in said land improvement project is dissatisfied with said land improvement project plan, he may file an objection with the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture respectively;provided, however, that this shall not apply when ten days have elapsed after the expiration of the period of public inspection provided for in the preceding paragraph. 5 Having received the objection provided for in the preceding paragraph, the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture must determine said objection within sixty days after the expiration of the period of public inspection provided for in par.3. 6 The State, or To, Do, Fu or prefecture must not start the construction work based on said land improvement project plan except when no objection is filed under the provision of par.4, or when all the objections, if filed, have been determined under the provision of the preceding paragraph. 7 Even in the absence of the notification or determination made in accordance with the provision of the preceding Article, the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture may fix a plan for State-operated land improvement project or prefecture-operated land improvement project in order to execute the project mentioned in Art.2 par.2 item (3) or the project mentioned in item (4) of the same paragraph relative to the land mentioned in Art.41 par.1 of the Law concerning the Special Measure for the Establishment of Owner Farmer. In this case the provisions of par.3 to the preceding paragraph inclusive shall not be applicable. 8 The provision of the preceding paragraph shall not apply to the land prescribed therein which has been sold to a person who is to cultivate the land or in which such person has settled down, or in which cultivation has been started.
(Case of Urgent Execution) Article 88. In case the urgent execution of such land improvement project as mentioned in Art.2 par.2 item (5) is needful owing to disaster, the State, or To, Do, Fu or prefecture may, by fixing the emergency construction work plan, irrespective of the provisions of the preceding Article, proceed to undertake the construction work of said project.
(Entrusting of Work) Article 89. The Minister of Agriculture and Forestry may, as provided for by Cabinet Order, cause the governor of To, Do, Fu or prefecture to undertake a part of the construction work of State-operated land improvement project.
(Allotment of Expenses for State-Operated Project) Article 90. The State may, as provided for by Cabinet Order, cause To, Do, Fu or prefecture which covers the whole or a part of the boundaries of the district where State-operated land improvement project is executed, to bear a part of the expenses for said project. 2 To, Do, Fu or prefecture mentioned in the preceding paragraph may, as provided for by Cabinet Order, collect the whole or a part of such share as prescribed in the preceding paragraph, to that extent which the persons below are benefited, from persons holding such qualification as mentioned in Art.3 relating to lands within the boundaries of the district where State-operated land improvement project is undertaken, or other persons designated by the Minister of Agriculture and Forestry, who are either enjoying profits through said project. 3 In case the persons mentioned in the preceding paragraph are members of a land improvement district which covers the whole or a part of the boundaries of the district where State-operated land improvement project is undertaken, To, Do, Fu or prefecture may collect, instead of shares from said persons, a sum of money equivalent thereto from said land improvement district. 4 In the cases of the preceding two paragraphs, with regard to the collection of shares relative to State-operated land improvement project under the provision of Art.87 par.7 or Art.88, To, Do, Fu or prefecture must obtain consent of persons subject to said collection. 5 In case any person subjected to the action mentioned in par.2 or 3 is dissatisfied with the same action, he may, excepting the case prescribed in the preceding paragraph, present an objection to the governor of To, Do, Fu or prefecture;provided, however, that this shall not apply when twenty days have elapsed after the day of such action. 6 The share in the expenses mentioned in pars.2 and 3 may be collected as in the case of disposition of failure to pay local taxes, except the share relating to State-operated land improvement project undertaken under the provision of Art.87 par.7 or Art.88;its preferential right, however, shall come next to prefectural taxes in order of priority.
(Allotment of Expenses for Prefecture-Operated Land Improvement Project) Article 91. To, Do, Fu or prefecture may, as provided for by Cabinet Order, collect the allotment mentioned in Art.217 of the Local Autonomy Law (Law No.67 of 1947) from persons holding such qualification as mentioned in Art.3 relating to lands within the boundaries of the district where prefecture-operated land improvement project is undertaken, or other persons designated by the Minister of Agriculture and Forestry, who are either benefited by said project. In this case the provisions of pars.3 and 4 of the preceding Article shall apply mutatis mutandis.
(Regulation of Right-Relations) Article 92. The provisions of Art.59, Art.62 and Art.65 shall apply mutatis mutandis in case State-operated land improvement project or prefecture-operated land improvement project has been undertaken. In this case, under Art.62 par.1, "a member" shall read "a person who has borne share mentioned in Art.90 par.2 or allotment mentioned in Art.91 (including any member who has paid money to be levied and collected, under the provision of Art.36 par.1, by a land improvement district in order to meet a sum of money to be collected under the provisions of Art.90 par.3 and the latter part of Art.91)" .
(Transfer of Irrigation of Drainage Facilities, etc., to State, or To, Do, Fu or Prefecture) Article 93. In cases where any land improvement district or any other person has preposed, as provided for by Ministerial Ordinance, that irrigation, or drainage facilities possessed or maintained by said district or person, are to be maintained and administered by State, the latter may maintain and administer said facilities if said proposal is deemed proper and reasonable. 2 In cases where any land improvement district or any other person has proposed, as provided for by Ministerial Ordinance, that irrigation or drainage facilities or levees on land reclaimed by dumping or by drainage are to be maintained and administered by To, Do, Fu or prefecture, the latter may maintain and administer said facilities or levees, if said proposal is, deemed proper and reasonable.
(Administration and Disposition of State-Owned Lands and Things) Article 94. The Minister of Agriculture and Forestry shall administer or dispose of any property which comes under the following items and belongs to the ordinary property: (1) Structures or other things or right to the use of waters which have been created in consequence of State-operated land improvement project; (2) Lands, rights, or growing trees, structures or other things which have been expropriated or used in accordance with the provisions of Art.120; (3) State-owned lands, rights or growing trees, structures or other things which have been, as provided for by Cabinet Order, determined to be employed for purposes of State-operated land improvement project. 2 The Minister of Agriculture and Forestry may entrust To, Do, Fu, prefecture, city, town, village, or a land improvement district and other persons designated by the Minister of Agriculture and Forestry with the maintenance and administration of those which are mentioned in each item of the preceding paragraph. 3 Matters required for the maintenance and administration or the disposition of those which are mentioned in each item of par.1 and the entrusting of maintenance and administration prescribed in the preceding paragraph, shall be provided for by Cabinet Order.
Section 3 Land Improvement Project Undertaken by Agricultural Co-operative Association or Land Improvement Project Jointly Undertaken by Several Persons
(Starting of Project, etc.) Article 95. In case any agricultural co-operative association or any league of agricultural co-operative associations intends to undertake a land improvement project or in case several persons who have such qualification as provided for in Art.3 intend to jointly undertake a land improvement project, said association, league or persons must, as prescribed by Ministerial Ordinance, prepare by-laws and outline of a land improvement project plan to file a petition with the governor or To, Do, Fu or prefecture for preliminary investigation of said project. 2 In order to file the petition prescribed in the preceding paragraph, any agricultural cooperative association or any league of agricultural co-operative associations must beforehand go through a resolution at the general meeting of the membership with respect to the by-laws and outline of land improvement project plan, and obtain the consent of all the persons holding ownership, superficies, permanent tenancy, pledge, lease or loan-for-use relative to lands subject to said plan. 3 The provisions of Art.6 to Art.9 inclusive and Art.10 par.1 shall apply mutatis mutandis to the case mentioned in par.1. 4 Having given the approval mentioned in Art.10 par.1 which applies mutatis mutandis under the preceding paragraph, the governor of To, Do, Fu or prefecture must give public notice thereof without delay. 5 The provisions of the preceding four paragraphs and Art.48 par.6 shall apply mutatis mutandis to the case where any change is made in the by-laws or a land improvement project plan of which the approval mentioned in the preceding paragraph has been issued, or where any land improvement project is abolished. 6 Any fixing or change of or in by-laws or a land improvement project plan, or any abolition of a land improvement project cannot be made effective against a third person (excluding the members of the agricultural co-operative association concerned and the persons who have made consent as mentioned in par.2), unless and until public notice is given under the provision of par.4 (including cases whereto this applies mutatis mutandis in the preceding paragraph).
(Application with Necessary Modifications of Provisions concerning Land Improvement District) Article 96. The provisions of Art.46, Art.47, Art.50, Art.51, Art.52 pars.1 to 3 inclusive and pars.6 to 8 inclusive, Arts.53 to 55 inclusive and Art.57 shall apply mutatis mutandis to land improvement project to be executed in accordance with the provisions of the preceding Article. In this case, in these provisions "land improvement district," and in Art.52 par.3, "must pass through the resolution of a meeting organized by all the persons holding ownership, superficies, permanent tenancy, pledge, lease or loan-for-use" shall read "agricultural co-operative association, league of agricultural cooperative associatiors or several persons who jointly undertake a land improvement project" and "must obtain the consent of all the persons holding owner-ship, superficies, permanent tenancy, pledge, lease a loan-for-use" respectively.
Chapter III Consolidation and Exchange Performed by Agricultural Land Commission of City, Town or Village, Land Improvement District or Agricultural Co-operative Association
(Procedure to Determine Plan for Consolidation and Exchange by Agricultural Land Commission of City, Town or Village) Article 97. In cases were two or more persons engaging in the business of cultivation based on a title, have, as provided for by Ministerial Ordinance, fixed certain areas of agricultural lands embracing such agricultural lands that they are using for the purpose of cultivation, and requested that the project mentioned in Art.2 par.2 item (6)(hereinafter referred to as "consolidation and exchange" ) with respect to said certain areas of agricultural lands is to be performed, with consent obtained from not less than one half of the persons with ownership, superficies, permanent tenancy, pledge, lease or loan-for-use relative to said agricultural land, and where said areas are situated within the limits of one city, town or village, the Agricultural Land Commission thereof, and on the other hand, where said areas extend over the limits of two or more of cities, towns and villages, the Agricultural Land Commissions thereof concerned, upon deliberation reached among them, shall, if said request is deemed proper and reasonable, respectively fix a plan for consolidation and exchange so as to perform such action with respect to said agricultural lands. 2 Even though no request prescribed in the preceding paragraph is presented, in case agricultural lands subject to consolidation and exchange are located within the limits of one city, town or village, the Agricultural Land Commission thereof, while in case such agricultural lands extend over the limits of two or more of cities, towns and villages, the Agricultural Land Commissions thereof concerned, upon deliberation reached among them, may, if deemed particularly necessary, respectively fix a plan for consolidation and exchange with respect to said agricultural lands, after said Commission or Commissions concerned have given public notice, in accordance with the provisions of Ministerial Ordinance, of the agricultural lands subject to consolidation and exchange and of the outline of the plan thereof, and also have obtained consent from not less than one half of the persons owning such rights as mentioned in the preceding paragraph with respect to said agricultural lands. 3 In order that the Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned may fix a plan for consolidation and exchange in accordance with the provisions of the preceding two paragraphs, it or they must obtain consent from two-thirds or more of the persons owning such rights as mentioned in par.1 in respect to agricultural lands subject to consolidation and exchange in accordance with the plan therefor. 4 In the case of the preceding paragraph, if the whole or a part of said agricultural lands is included within the boundaries of a land improvement district, the opinion of said district must be asked for as well. 5 In case the Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned have not fixed a plan for consolidation and exchange requested within six months after the request prescribed in par.1 was received, the persons who so requested may, within sixty days after the expiration of the period, request the Agricultural Land Commission of To, Do, Fu or prefecture to make suggestion that the Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned are to fix a plan for said consolidation and exchange. 6 On receiving the request prescribed in the preceding paragraph, the Agricultural Land Commission of To, Do, Fu or prefecture must make suggestion under the provision of the same paragraph within thirty days from the day when it received the request, except when it deems it improper to fix a plan for consolidation and exchange respecting the whole or a part of the agricultural lands, wherefor said request has been made.
Article 98. Having fixed a plan for consolidation and exchange in accordance with the provision of the preceding paragraph, the Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned must give public notice thereof without delay and show a copy of the written plan for consolidation and exchange to public inspection for sixty days. 2 The Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned must, when it or they have given public notice under the provision of the preceding paragraph, notify it to the persons (excluding persons resident within the limits of the city, town or village where said agricultural lands are situated) holding ownership, superficies, permanent tenancy, easement, preferential right, pledge, hypothec, lease or loanfor-use relating to agricultural lands subject to consolidation and exchange in accordance with the plan therefor. 3 Any person holding any right mentioned in the preceding paragraph may, if he is not satisfied with said plan for consolidation and exchange, file an objection with the Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned;provided, however, that this shall not apply after the period of public inspection prescribed in par.1 has expired. 4 The Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned must, when it or they have received the objection prescribed in the preceding paragraph, decide it within sixty days after the expiration of the period of public inspection prescribed in par.1. 5 If any person is not satisfied with the decision prescribed in the preceding paragraph, he may appeal to the Agricultural Land Commission of To, Do, Fu or prefecture;provided, however, that this shall not apply when ten days have elapsed after the decision is made. 6 Having accepted the appeal prescribed in the preceding paragraph, the Agricultural Land Commission of To, Do, Fu or prefecture must make determination within sixty days after the expiration of the period prescribed in the proviso to the same paragraph. 7 When no objection mentioned in par.3 is filed, or when all the objections, if filed, are determined under the provision of par.4 and no appeal mentioned in par.5 is filed, or when all the appeals, if filed, are determined under the provision of the preceding paragraph, the Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned must, without delay, obtain the approval for said plan for consolidation and exchange from the governor of To, Do, Fu or prefecture. 8 Having issued the approval mentioned in the preceding paragraph, the Agricultural Land Commission of To, Do, Fu or prefecture must give public notice thereof without delay. 9 In the case of par.1, par.2 or par.4, with regard to public notice, public inspection or notification, the Agricultural Land Commissons of Cities, Towns and Villages concerned must all do it;and with regard to decisions upon objections, all of them must do it upon deliberation reached among them.
(Procedure to Determine Plan for Consolidation and Exchange by Land Improvement District) Article 99. In case any land improvement district intends to perform consolidation and exchange, it must fix a plan therefor and file the same for approval with the governor of To, Do, Fu or prefecture. 2 The provisions of Art.52 pars.3 to 5 inclusive shall apply mutatis mutandis to cases where the plan for consolidation and exchange prescribed in the preceding paragraph is fixed. 3 The petition for approval mentioned in par.1 must be accompanied with a written consent of the Agricultural Land Commissions of Cities, Towns and Villages concerned. In case, however, any written consent cannot be obtained within sixty days from the time of request for the same, it is necessary to attach a notification stating such reason. 4 In such case as mentioned in the proviso to the preceding paragraph, the governor of To, Do, Fu or prefecture must, when intending to issue the approval mentioned in par.1, request the opinion of the Agricultural Land Commissions of Cities, Towns and Villages concerned. 5 The governor of To, Do, Fu or prefecture must, if he deems proper the petition for approval mentioned in par.1, give public notice of the same without delay and show a copy of the written plan for consolidation and exchange to public inspection for sixty days. 6 When the public notice under the provision of the preceding paragraph has been given, the notification thereof must be served on persons (excluding persons resident within the limits of the cicy, town or village where the agricultural lands are situated) holding rights mentioned in par.2 of the preceding Article, relating to lands subject to consolidation and exchange in accordance with the plan therefor. 7 When any person who holds right mentioned in the preceding paragraph is not satisfied with said plan for consolidation and exchange, he may file an objection with the governor of To, Do, Fu or prefecture;provided, however, that this shall not apply when the period of public inspection prescribed in par.5 has expired. 8 On receiving objections prescribed in the preceding paragraph, the governor of To, Do, Fu or prefecture must determine the same within sixty days after the period of public inspection prescribed in par.5 has expired. 9 When making determination prescribed in the preceding paragraph, the governor of To, Do, Fu or prefecture must ask for the opinion of the Agricultural Land Commission of To, Do, Fu or Prefecture. 10 The governor of To, Do, Fu or prefecture shall give any approval prescribed in par.1, except when no objection mentioned in par.7 is filed, or unless and until all the objections, if filed, have been determined under the provision of par.8. 11 Having issued the approval mentioned in par.1, the governor of To, Do, Fu or prefecture must give public notice thereof without delay.
(Procedure to Fix Plan for Consolidation and Exchange by Agricultural Co-operative Association) Article 100. In order to perform consolidation and exchange, any agricultural co-operative association must, fixing a plan for consolidation and exchange through a resolution at a general meeting of the membership, file said plan for approval with the governor of To, Do, Fu or prefecture, with the consent of the person holding such rights as mentioned in Art.97 par.1 relative to agricultural lands subject to consolidation and exchange in conformity with said plan therefor. 2 The provisions of pars.3 to 11 inclusive of the preceding Article shall apply mutatis mutandis to the case of the preceding paragraph.
(How to Fix a Plan for Consolidation and Exchange) Article 101. A plan for consolidation and exchange must be fixed so as to assist in the reasonable farm-management of cultivators. 2 No plan for consolidation and exchange can he fixed with respect to agricultural lands, subject to administrative measures, which are provided for by Ministerial Ordinance, and agricultural lands whereon superficies, permanent tenancy or lease has been created and of which the right forms the object of attachment, provisional attachment or provisional disposition.
Article 102. With regard to consolidation and exchange of ownerships in agricultural lands, agricultural lands which are to be acquired and lost by the owners according to said consolidation and exchange and also the time of transfer of ownerships must be fixed in the plan for consolidation and exchange. 2 In the case of the preceding paragraph, all the agricultural lands which are to be acquired and lost by the owners must be equivalent to each other by taking all elements such as classification of land, area, soil type, water conditions, slope, temperature, etc. into consideration in accordance with the provisions of Ministerial Ordinance. However, this shall not apply when the consent of the parties has been obtained. 3 In the case of par.1, all the agricultural lands which the owners are to acquire must not be more or less by over twenty per cent in area and value than all the agricultural lands which they are to lose;provided, however, that this shall not apply when. the consent has been given by said owner. 4 In the case of par.2, any portion which cannot be counter-balanced respecting classification of land, area, soil type, water conditions, slope, temperature, etc. between agricultural lands which are to be acquired by the owners and those which are to be lost by them must, if exists, he liquidated in money;and the sum, method and time of payment must be fixed.
Article 103. In the case of par.1 of the preceding Article, when preferential right, pledge or hypothec is made on agricultural land which the owner is to lose, there must be fixed the agricultural land whereon preferential right, pledge or hypothec substitutive for the foregoing right, is to be created, as well as the time of creation and the continuance period of said right, and other terms. 2 In the case of the preceding paragraph, agricultural land whereon said right is to be created must be that which is owned or to be acquired by the owner, and its value must be not less than that of agricultural land which actually forms an object of the existing right corresponding to said right to be created. 3 In the case of par.1, when said owner is to acquire the liquidation money prescribed in par.4 of the preceding Article, the agricultural land whereon said right is to be created may, irrespective of the provision of the preceding paragraph, be one whose value is, within the limits of the sum of such liquidation money, less than that of agricultural land which actually forms an object of the existing right corresponding to said right to be created. In this case there must be fixed such amount of liquidation money subject to the effect of the existing right that is a portion equivalent to the difference between those values. 4 In the case of par.1, the continuance period of a right to be created shall be the remaining period of the existing right corresponding to said right, and other terms must depend on the terms of the existing right.
Article 104. In the case mentioned in Art.102 par.1, when superficies, permanent tenancy, lease or loan-for-use exists upon that agricultural land which the owner is to lose, there must be fixed the agricultural land whereon superficies, permanent tenancy, lease or loan-for-use substitutive for the foregoing right is to be created, the time of its creation and its continuance period, the consideration and other terms. 2 To the case of the preceding paragraph shall apply mutatis mutandis the provisions of Art.102 pars.2 to 4 inclusive and of the preceding Article.
Article 105. In the case mentioned in Art.102 par.1, if the creation of easement is deemed needful according to said consolidation acid exchange, the land whereon said easement is to be created, the easement holder, as well as the time of creation, the object of said easement and other terms must be fixed, and if it is deemed to become needless for a person actually holding easement to enjoy the benefit of exercising the same right, the same right and the time of its extinction must be fixed.
(Effect of Consolidation and Exchange) Article 106. When public notice has been given under the provision of Art.98 par.8 or Art.99 par.11 (including cases whereto this applies mutatis mutandis under Art.100 par.2;hereinafter the same), according to what is fixed in the plan for consolidation and exchange whereof said public notice has been given, the ownership shall be transferred, and preferential right pledge, hypothec, superficies, permanent tenancy, lease or loan-for-use be created, or the easement be created or extinguished. 2 In case preferential right, pledge, hypothec, superficies, permanent tenancy, lease or loan-for-use has been created under the provision of the preceding paragraph, the original right corresponding to such right shall become extinct at the time of creation of the last-mentioned right. However, in case the amount subject to the effect of preferential right, pledge or hypothec has been fixed under the provision of Art.103 par.3 (including cases whereto this applies mutatis mutandis under Art.104 par.2), any of those rights shall remain effective with respect to the sum liquidated for this amount.
(Consolidation and Exchange of Rights Other than Ownership) Article 107. As to consolidation and exchange with respect to superficies, permanent tenancy, lease or loan-for-use of agricultural land the provisions of Art.102 to the preceding Article inclusive shall apply mutatis mutandis.
(Liquidation Money) Article 108. When public notice has been given under the provision of Art.98 par.8 or Art.99 par.11, Agricultural Land Commission of City, Town or Village, the land improvement district or the agricultural co-operative association must pay liquidation money as fixed in the plan for consolidation and exchange, whereof said public notice has been given. 2 In the case of the preceding paragraph, the person or body mentioned in the same paragraph may collect liquidation money as fixed in said plan for consolidation and exchange. 3 The Agricultural Land Commission of City, Town or Village may, in accordance with the provisions of Cabinet Order, entrust the payment and collection of liquidation money prescribed in the preceding two paragraphs to city, town or village or the agricultural cooperative association.
(Prohibition of Alteration of Form and Nature of Agricultural Land, etc.) Article 109. After the public notice prescribed in Art.98 par.8, Art 99 par.11 has been given, any person holding ownership or other right with respect to the agricultural land fixed in the plan for consolidation and exchange, whereof said public notice has been given, must not, except when there is no fear to obstruct the performance of such consolidation and exchange, alter the form and nature of said agricultural land unless permission is obtained from the governor of To, Do, Fu or prefecture.
(Special Provisions concerning Pre-Emption in the Law concerning the Special Measure for the Establishment of Owner Farmer) Article 110. The provision of Art 28 par.1 of the Law concerning the Special Measure for the Establishment of Owner Farmer (including cases whereto this applies mutatis mutandis under par.5 of the same Article and Art.41 par.4) shall not apply to cases where any ownership in an agricultural land is transferred according to what is fixed in the plan for consolidation and exchange. 2 Any person who has acquired the ownership of an agricultural land which has been sold under the provision of Art.16 or Art.41 of the Law concerning the Special Measure for the Establishment of Owner Farmer, according to what is fixed in the plan for consolidation and exchangge, shall be deemed not to be an "assignee of the ownership in an agricultural land" prescribed in Art.28 par.1 of the same Law (including cases whereto this applies mutatis mutandis under Art.41 par.4 of the same Law). 3 In case a person who transfers his ownership of an agricultural land according to what is fixed in the plan for consolidation and exchange, is one to whom said agricultural land has been sold in accordance with the provision of Art.16 or Art.41 of the Law concerning the Special Measure for the Establishment of Owner Farmer, or his assigree of the ownership of said agricultural land, as for another agricultural land which is to be acquired by said person according to what is fixed in said plan for consolidation and exchange, and which is designated by the Agricultural Land Commission of City, Town or Village as one corresponding to said agricultural land which has been sold in accordance with the provision of Art.16 or Art.41 of the same Law, such sales as prescribed in Art.28 par.3 of the same Law (including cases whereto this applies mutatis mutandis under par.5 of the same Article and Art.41 par.4) shall be deemed to have been effected at the time of said acquisition.
(Consolidation and Exchange concerning Right to Any Land Other than Agricultural Land, etc.) Article 111. The provisions of Art.97 to the preceding Article inclusive shall apply mutatis mutandis to the consolidation and exchange of rights to and in land, rights to and in agricultural facilities and rights to the use of waters, required for utilization of agricultural lands, which is made co-operating with the consolidation of said agricultural lands.
Chapter IV Additional Provisions
(Public Notice Substitutive for Serving Documents) Article 112. If, in cases where it is impossible to serve documents because of unknown permanent domicile or place of residence of the other party or other causes, public notice has been given, instead of serving documents, by the administrative agencies or a land improvement district, said documents shall be deemed to have been dispatched on the day of said public notice, and to have reached the other party when ten days have elapsed after the day of said public notice.
(Effect on Successor of Action of Disposition, etc.) Article 113. Any disposition made, procedure taken and other action conducted under the provisions of this Law or orders based on this Law shall be effective against a person, too, who succeeds to any holder of ownership or other rights relative to lands, things or rights with respect to a land improvement project.
(Taking by Proxy Procedure of Union or Partition of One Lot of Land) Article 114. When it is necessary for persons who undertake a land improvement project to unite or partition a lot of land in order to carry out said project, said persons may go through the procedure prescribed in Art.26 of the Land Ledger Law (Law No.30 of 1947) in behalf of the owner of said land.
(Special Provisions concerning Registration) Article 115. As to the registration of immovables within the limits of a district where a land improvement project is undertaken, special provisions may be established by Cabinet Order.
(Suspension of Other Regulation) Article 116. After public notice has been given as provided for in Art.52 par.8 (including cases whereto this applies mutatis mutandis under Art.96;hereinafter the same in this Article and Art.131), no other registrations can be made with respect to lands situated within the boundaries of a district where a land improvement project is executed, unless after all the registrations required have been made according to said land improvement project;provided that this shall not apply in case any petitioner has evidenced, by a document whereon the definite date is stamped, that the cause of the registration has happened prior to the public notice prescribed in the same paragraph.
(In Case of Execution Area Being Divided) Article 117. In case the area of a district where a land improvement project is undertaken have been segmented into several divisions, any one of them and a land improvement project belonging to the division shall, with regard to the application of Arts.46, 51, 52 and 55 (including cases whereto these provisions apply mutatis mutandis in Art.96), be regarded as the district where said land improvement project is undertaken and as the land improvement project belonging to said district respectively.
(Procedures Relating to Survey, Investigation or Inspection of Books, etc.) Article 118. Any person or persons mentioned in the following items, may, if necessary for survey of land, etc. with respect to a land improvement project, enter upon another person's land to survey or investigate the same, within the limits of its necessity, after having given notice thereof in advance to the occupant of said land: (1) Personnel of the State, or To, Do, Fu, or prefecture; (2) Officers or personnel of the land improvement district; (3) Members of, or persons handling the affairs of the Agricultural Land Commission of To, Do, Fu or Prefecture, or Agricultural Land Commission of City, Town or Village; (4) Any person or persons intending to file a peition under the provision of Art.5, Art.7 or Art.85. 2 In order that the person mentioned in item (4) of the preceding paragraph may do the act mentioned in the same paragraph, he must receive the permission thereof beforehand from the mayor or head of the city, town or village within the limits of which said land is situated. 3 In the case of par.1, the persons mentioned in item (1) to item (3) inclusive of the same paragraph must carry their identification cards with them, and the person mentioned in item (4) of the same paragraph, the certificate of permission mentioned in the preceding paragraph with him;and said identification card or certificate must be shown whenever the occupant of said land asks therefor. 4 In the case of par.1, the State, or To, Do, Fu or prefecture in item (1), the land improvement district in item (2), the Agricultural Land Commission of To, Do, Fu or Prefecture, or the Agricultural Land Commission of City, Town or Village in item (3), or any person in item (4), of the same paragraph must indemnify any loss to be normally incurred by acts mentioned in the same paragraph. 5 The persons mentioned in item (1) to item (3) inclusive of par.1 may request, without compensation, the inspection of books necessary for the project, or the delivery of copies or certified copies of the same books, at the registry office having jurisdiction over the boundaries of the district where said project is executed, the office in charge of recording licenses for fishery, the office in charge of land or house ledgers or the office of city, town or village.
(Removal, etc. of Obstacles) Article 119. The State, To, Do, Fu, prefecture or any land improvement district may, if necessary for the execution of a land improvement project, carry over, clear of or destroy, within the limits of its necessity, things which hinder said project within the boundaries of the district relating to said undertaking;provided that any loss normally to be incurred thereby must be indemnified.
(Expropriation or Use of Land, etc.) Article 120. The State, To, Do, Fu, prefecture or any land improvement district may, under the Land Expropriation Law (Law No.29 of 1900), expropriate or use any land required for establishing irrigation or drainage machinery or facilities for utilization of underground water sources, for the purpose of the execution of a land improvement project. 2 The provision of the preceding paragraph shall apply mutatis mutandis to the expropriation or use of any right other than ownership and security right to land, any thing located on land or right thereto, and any right to the use of earth, stones, sand or water.
(Use, etc. in the Imminent Case) Article 121. The State, To, Do, Fu, prefecture or any land improvement district may, if it is necessary to prevent imminent damage caused by storm, snow, freshet, high tide or erosion of earth and sand to irrigation or drainage facilities, agricultural roads or any other facilities required for the conservation or utilization of agricultural land (including those under construction work of a land improvement project), which are administered and maintained by the same, make temporary use of another person's land, or use or expropriate earth, stones, bamboos, trees or other things;provided, however, that the total loss must be indeminfied at the curreent price.
(Indemnification of Loss) Article 122. Persons who undertake a land improvement project must indemnify loss which persons interested in said project are normally to suffer owing to said project. 2 In case the form and nature of land are changed, structures are newly constructed, reconstructed or repaired, or things added, after public notice having been given under the provision of Art.10 par.3, Art.48 par.7, Art.87 par.3, Art.95 par.4 (including cases whereto this applies mutatis mutandis in par.5 of the same Article), Art 98 par.8 or Art.99) par.11, any loss relating thereto need not be indemnified. However, this shall not apply when these acts have been done with the permission of the governor of To, Do, Fu or prefecture. 3 No member of a land improvement district can demand the indmnification of loss which he has suffered by the project executed by said land improvement district, excepting the cases which are provided for in Art.61 par.3 and Art.118 to the preceding Article inclusive;provided, however, that this shall not apply as otherwise prescribed by the by-laws.
(Deposition of Indemnity, etc.) Article 123. If, in case where any person executing a land improvement project pays the liquidation money fixed in land-substituting schedule or plan for consolidation and exchange, or the indemnity prescribed in Art.119 or the preceding Article, preferential right, pledge or hypothec is set up on said land, things or rights, he must deposite said indemnity or liquidation money. However, this shall not apply when a person holding preferential right, pledge or hypothec has proposed that no deposition is required. 2 The holder of the preferential right, pledge or hypothec mentioned in the preceding paragraph may exercise said right as against the indemnity or liquidation money deposited in accordance with the provision of the same paragraph.
(Handling of Matters Relating to Several Prefectures) Article 124. In case the boundaries of a district where a land improvement project is undertaken, or the boundaries of a land improvement district extend over two or more of To, Fu and prefectures matters brought by this Law under the power of the governor of To, Do, Fu or prefecture, excepting those which are provided for in Art.85 and Art.86, shall be handled by the Minister of Agriculture and Forestry.
(Application of Provisions to Special Ward, etc.) Article 125. Within the purview of this Law, the provisions concerning city, town or village, or the mayor or head thereof shall, in a locality where there is a special ward, apply to said ward or the head thereof;in a city mentioned in Art.155 par.2 of the Local Autonomy Law, to the ward or the head thereof;and in a locality where there is a whole business association or public hall business association, to said association or the manager thereof;and the provisions concerning the Agricultural Land Commission of City, Town or Village shall, in a district of city, town or village where a Divisional Agricultural Land Commission is established apply to said Divisional Agricultural Land Commission.
(Subsidy-Granting and Supervision of Those Who Are Subsidized) Article 126. The State may, within the limits of the budget, grant subsidies to any persons who improve, develop, conserve or consolidate agricultural lands. 2 Any persons who intend to be granted the subsidies mentioned in the preceding paragraph must, as prescribed by Ministerial Ordinance, submit to the Minister of Agriculture and Forestry a petition for the granting of subsidy together with a written project plan, a written estimate for project and other necessary documents. 3 In case the Minister of Agriculture and Forestry deems such submitted documents as mentioned in the preceding paragraph to be proper and reasonable as a result of investigation thereof, he shall determine the granting of subsidy.
Article 127. In order to fulfill the purpose of granting subsidy best under the provision of the preceding Article, the Minister of Agriculture and Forestry may make suggestions required for the execution of said project, inspect facilities constituting the object of said project, order the presentation of reports and take other necessary measures to and against persons who are granted subsidies. 2 In case the persons prescribed in the preceding paragraph are deemed not to be able to fulfill the purpose of granting subsidy, the Minister of Agriculture and Forestry may abolish or suspend the granting of the whole or a part of the subsidy to said persons, or order them the repayment of the whole or a part of the subsidy already granted. 3 The subsidy to be repaid, except that to be repaid by a local public entities, may be collected as in the case of disposition for arrears of national taxes;provided that its preferential right shall come next to that of national taxes in order of priority.
Article 128. The Minister of Agriculture and Forestry may, as provided for by Cabinet Order, cause the governor of To, Do, Fu or prefecture to exercise part of the power under the provisions of the preceding two Articles, except such as against To, Do, Fu or prefecture.
Article 129. Matters required for the granting of subsidy, other than those provided for in the preceding three Articles, shall be provided for by Cabinet Order.
(Calculation of Period Regarding the Filing of Objections, etc.) Article 130. With regard to the calculation of the period regarding the filing of objections under the provisions of this Law, the number of days required for conveyance of mail shall not be reckoned in said period. 2 Any objection may, if any admissible cause is deemed to exist, be received even after the expiration of the fixed period. 3 Any determination or ruling regarding objections or petitions for ruling must be delivered to the parties interested in writing with the reason attached thereto.
(Notice of Changes of Rights) Article 131. In case, prior to the public notice under the provision of Art.52 par.8, rights have been created, transferred, altered or extinguished, or the disposition has been restricted with respect to lands situated within the boundaries of a district where a land improvement project is undertaken, the party interested must without delay notify the person or persons who execute said land improvement project to that effect.
Chapter V Supervisions
(Collection of Reports) Article 132. If it is deemed necessary in order to cause a land improvement district or persons who jointly undertake a land improvement project under Art.95 to abide by laws and orders, disposition taken thereunder by the administrative agencies, or the Articles of District, by-laws, land improvement project plan, land-substituting schedule or plan for consolidation and exchange, the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture may collect reports on the project from said district or persons.
(Inspection of Business Condition) Article 133. The governor of To, Do, Fu or prefecture must inspect the project or the condition of account affairs of any land improvement district, when a petition for inspection is prensented by members of said district to him with the consent of one-tenth or more of the whole membership of said district, on the ground that the project or account affairs of said land improvement district are deemed to contravene laws and orders, disposition taken thereunder by the administrative agencies, or the Articles of District, by-laws, land improvement project plan, land substituting schedule or plan for consolidation and exchange. 2 In case the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture deems that the project or the account affairs of any land improvement district or persons who jointly undertake a land improvement project under Art.95, contravenes laws and orders, disposition taken thereunder by the administrative agencies, or the Articles of District, by-laws, land improvement project plan, land-substituting schedule or plan for consolidation and exchange, said Minister or governor may inspect the condition of its or their business or account affairs at any time.
(Measures against Offensive Acts) Article 134. In case the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture deems, upon the inspection in conformity with the provision of the preceding Article, that the business or account affairs of said land improvement district or persons who jointly undertake a land improvement project contravenes laws and orders, disposition taken thereunder by the administrative agencies, or the Articles of District, by-laws, land improvement project plan, landsubstituting schedule or plan for consolidation and exchange, said Minister or governor may issue to said district or persons an order that necessary measures are to be taken.
(Order by Court of Dissolution) Article 135. When any land improvement district has executed any project other than provided for in Art.15, the Court may order the dissolution of said land improvement district at the request of the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture. 2 The case prescribed in the preceding paragraph shall be under the jurisdiction of the local court having jurisdiction over the place where the main office of said land improvement district is located. 3 The procedure in the case of par.1 shall be fixed by the Supreme Court.
(Cancellation of Resolution, Election, etc.) Article 136. In cases where members of any land improvement district have, with the consent of one-tenth or more of the whole membership, filed a petition for the cancellation of resolution, or election or return on the ground that a proceeding to convene a general meeting of the membership or an assembly of the representatives or method of resolution or of election of officers or members of the meeting, contravenes laws and orders, disposition taken thereunder by the administrative agencies, or the Articles of District or bylaws, the governor of To, Do, Fu or prefecture may, if such contravention is deemed true, cancel said resolution, or election or return. 2 The provision of the preceding paragraph shall apply mutatis mutandis to the meetings mentioned in Art.48 par.2 and in Art.52 par.3 (including cases whereto this applies mutatis mutandis in Art.96, Art.99 par.2 and Art.111).
Chapter VI Penal Provisions
Article 137. Any person who has contravened the provision of Art.109 (including cases whereto this applies under Art.111) shall be liable to penal servitude not exceeding one year or a fine not exceeding one hundred thousand yen.
Article 138. Any person who falls under any of the categories mentioned in the following items shall be liable to penal servitude not exceeding six months or a fine not exceeding thirty thousand yen: (1) A person who has refused, obstructed or evaded survey or inspection which is carried on by personnel of the State, or To, Do, Fu or prefecture in accordance with the provision of Art.118 par.1; (2) A person who has refused, obstructed or evaded transfer, removal or destroy which is carried on by personnel of the State, or To, Do, Fu or prefecture in accordance with the provision of Art.119; (3) A person who has refused, obstructed or evaded inspection under the provision of Art.127 par.1 or Art.133; (4) A person who has, in violation of the provision of Art.127 par.1 or Art.132, failed to make a report or made a false report.
Article 139. Any person who has moved, stained, broken or removed a sign set up for the purpose of executing a land improvement project shall be liable to a fine not exceeding thirty thousand yen.
Article 140. Any officer or any representative of a land improvement district, or any officer or any member of the meeting of a league of land improvement districts, who has taken, demanded or agreed to take a bribe with respect to his duties, shall be liable to penal servitude not exceeding three years;if any such person thereby commits an unjust act or fails to do an act which he out to do, he shall be liable to penal servitude not exceeding seven years. 2 Any person who was officer, representative or member of the meeting, mentioned in the preceding paragraph, and who has taken, demanded or agreed to take a bribe with respect to his official performance of an unjust act or failure in performing a due act at another person's request while in office, shall be liable to penal servitude not exceeding three years. 3 Any officer, representative or member of the meeting, mentioned in par.1, who has made a third person deliver or agree to deliver a bribe at the latter's request with respect to the former's duties, shall be liable to penal servitude not exceeding three years. 4 Bribes taken by an offender or a third person to whom the secret was confided shall be confiscated. In case such confiscation is impracticable in whole or in part, the value thereof shall be imposed upon the offender.
Article 141. Any person who has delivered, offered or agreed to offer a bribe to any of the persons mentioned in pars.1 to 3 inclusive of the preceding Article shall be liable to penal servitude not exceeding three years or a fine not exceeding two hundred and fifty thousand yen. 2 If any person who has committed any of the offences mentioned in the preceding Article makes voluntary confession prior to official cognizance being taken thereof, the punishment may either be reduced or remitted.
Article 142. In case a representative of a juridical person, or an agent, an employee or any other worker of a juridical person or a person acts in violation of the provisions of Art.137 and Art.138 with respect to the business or property of said juridical person or person, such juridical person or person shall, in addition to the punishment inflicted on the very person who has acted, be liable to a fine as provided for in each of the same Articles.
Article 143. Any director, auditor or liquidator of a land improvement district or a league of land improvement districts shall be liable to a non-criminal fine not exceeding thirty thousand yen in the following cases: (1) Where he has operated any project other than that prescribed in Art.15; (2) Where he has violated the provision of Art.41 par.1; (3) Where he has failed to record any matter that ought to be recorded in the documents mentioned in Art.69 or Art.71, or recorded false matters therein; (4) Where he has, in violation of the provision of Art.70, distributed the remaining assets of a land improvement district; (5) Where he has paid to creditors within the period mentioned in Art.79 of the Civil Code which applies mutatis mutandis under Art.76; (6) Where he has, in violation of the provisions of this Law, failed to give public notice or given public notice of false matters.
Article 144. Any director, auditor or liquidator of a land improvement district or a league of land improvement districts shall be liable to a non-criminal fine not exceeding ten thousand yen in the following cases: (1) Where he has contravened the provisions of Art.20; (2) Where he has contravened the provision of Art.25 par.1, Art.26 or Art.27; (3) Where he has, in violation of the provision of Art.29 par.1, failed to keep or to preserve books, or in violation of the Ministerial Ordinance issued under the provision of par.2 of the same Article, failed to record any matter that ought to be recorded in said books, or recorded false matters therein; (4) Where he has, in violation of the provision of Art.29 par.3, refused the inspection of books; (5) Where he has contravened any order issued under the provision of Art.134.
Article 145. Any person who has contravened the provision of Art.14 par.2 or Art.78 par.2 shall be liable to a non-criminal fine not exceeding five thousand yen.
Supplementary Provision: The enforcement date of this Law shall be fixed by Cabinet Order within the period of not more than sixty days reckoning from the day of its promulgation. Minister of Finance IKEDA Hayato Minister of Agriculture and Forestry MORI Kotaro Minister of Construction MASUTANI Shuji Prime Minister YOSHIDA Shigeru