Law for Partial Amendments to Compensation against Agricultural Loss Law
法令番号: 法律第201号
公布年月日: 昭和24年6月8日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to Compensation against Agricultural Loss Law.
Signed:HIROHITO, Seal of the Emperor
This eighth day of the sixth month of the twenty-fourth year of Showa (June 8, 1949)
Prime Minister YOSHIDA Shigeru
Law No.201
Law for Partial Amendments to Compensation against Agricultural Loss Law
Compensation against Agricultural Loss Law (Law No.185 of 1947) shall be partially amended as follows:
In Art.2 to Art.4 inclusive;Art.5, par.2;Art.13, par.2;Art.15, par.2;Art.16, par.2;Art 20;Art.82, par. I;Art.91;Chapter IV (the title);Art.121 to Art.124 inclusive;Art.125, par.1;Art.126 to Art.130 inclusive;Art.131, par.1;Art.132 to Art.134 inclusive;Art.138 to Art.141 inclusive;Art.153, par.2 and Art.156, "agricultural mutual relief insurance association" shall be amended as "the federation of agricultural mutual relief associations" , and in Art.67, par.2, "a register of agricultural mutual relief insurance associations" shall be amended as "a register of federations of agricultural mutual relief associations" .
The following one item shall be added in Art.15, par.1:
3. In the case of the agricultural mutual relief association which carries on the mutual relief work whereto the participation is voluntary, prescribed in Art.83, par.1, item 4, those resident in the area where the association concerned carries on its business and are engaged in the cultivating business of those crops which constitute the objects of mutual relief work concerned, or those resident in the area where the association concerned carries on its business and who own the farm products or buildings or farm implements and machinery and others which constitute the objects of mutual relief work concerned and who, at the same time, follow agriculture:
In Article 16 par.3, "who come only under the qualification specified in item 2, par.1 of the preceding article" shall be amended as "who are qualified as members and who do not come under the qualification specified in item 1, par.1 of the preceding article" .
In Article 19 par.2, "Who come only under item 2, par.1 of Art.15" shall be amended as "who do not come under Art.15, par.1, item 1" .
In Article 20, "item 1 or item 2 of Art.15, par.1" shall be amended as "each item of Art.15, par.1" .
The following one item shall be added next to Article 30 par.1 item 5:
5-2. Kinds of mutual relief business or of insurance business.
Par.2 of Article 30 shall be par.3, and the following one paragraph shall be added as par.2:
In case the delegates'meeting shall be established, the articles of association of agricultural mutual relief association shall contain, in addition to the particulars specified in the preceding paragraph, the provisions governing the full number and the election of delegates.
The following one paragraph shall be added in Article 35:
In case it is deemed necessary the directors may convene at any time the special general meeting or the delegates'meeting.
In Article 36 the following latter part shall be added:
It shall likewise be the same in case a delegate, with the agreement thereto of one-fifth or more of the full number of delegates, asks the directors for the convocation of the delegates'meeting by submitting thereto the document stating the agenda of the meeting and the reason for the convocation thereof.
In Article 37, Article 39 par.1 and Article 81, "or delegates'meeting" shall be added after "a general meeting" , and in Article 37 and Article 38 par.3, "convocation of a general meeting" shall be amended as "convocation of a general meeting or delegates'meeting" .
In Article 42, "Art.59, Art.61, par.1" shall be amended as "and Art.59" , and "for'judicial court'in Art.56 of Civil Code read'Administrative authorities'" shall be amended as "for'the general meeting'in Arts.53 and 55 of Civil Code read'the general meeting or the delegates'meeting'and'judicial court'in Art.56 of the same Code shall be amended as'Administrative authorities'" .
The following one Article shall be added next to Article 45:
Article 45-(2). Agricultural mutual relief association may, in accordance with the provision laid down in the articles of association, establish the delegates'meeting which may act for the general meeting. However, the delegates'meeting shall not act for the general meting in any one of the following cases:
1. The decisions to be made on the election of officials or delegates;
2. The appointment of liquidators or organizing committeemen of agricultural mutual relief association to be organized through amalgamation;
3. The amendment of articles of association (excepting the alteration to be effected with regard to those matters which are specified in Art.30 par.1, items 6 and 7);business report;inventory;balance sheet;profit and loss account;the plan for the disposal of surplus funds or the plan for the covering of deficit;decisions for amalgamation;and for dissolution, as well as the decision prescribed in Art.111;
4. The manner of disposal of the property of which disposal is due to the dissolution or the approval of the report on the settlement of accounts.
The full number of delegates shall be thirty persons or more.
Delegates shall be members of the agricultural mutual relief association concerned.
As to the delegates'meeting, the provisons of Art.43, par.2, Art.44 and the provisions of Arts.64 and 66 of Civil Code shall apply mutatis mutandis thereto, while with regard to the delegates the provisions of Art.31, par.3 to par.5 inclusive, and Arts.32 and 41 shall apply mutatis mutandis thereto. In the application, however, "Art 62" mentioned in Art.64 of Civil Code shall be taken to read "Art.38, par.3 of Compensation against Agricultural Loss Law" .
The following one item shall be added in Article 83 par.1:
4. Mutual relief work wherein the participation shall be voluntary.
The following one item shall be added in Article 84:
in operating the mutual relief work wherein the participation shall be voluntary the agricultural mutual relief association shall deliver benefit to its members either for the damage which has occurred to those crops other than the food crops specified in par.1, item 1, farm products, buildings, farm implements and machinery, and any other things to be specified in the Ordinance concerned, or for the damage which has occurred to live stock in their transportation.
The following one paragraph shall be added in Article 85, and in par.1 of the same Article, "Art.83" shall be amended as "Art.83, par.1, item 1 to item 3 inclusive" :
The agricultural mutual relief association may carry on the mutual relief work mentioned in Art.83, par.1, item 4, exclusively in the case where the federation of agricultural mutual relief associations whereto it belongs carries on, as is prescribed in Art.121, par.2, the insurance business, and provided the approval of the same federation shall obtained therefor.
In Article 93 par.2, "mutual relief work concerning live stock" shall be amended as "mutual relief work concerning live stock or mutual relief work wherein the participation shall be voluntary" .
Article 111 shall be Article 111-(2), and the following one Article shall be added before the said Article:
Article 111. Members prescribed in Art.16, par.1, in case they either own or are in charge of the cattle whose age passed the end of the fifth month since birth but which are twelve years old or less and the horses whose age passed the end of the first year since birth but which are sixteen years old or less, shall, in case the general meeting has decided to that effect, excepting the case to be specified by the Ordinance concerned, have the animals concerned covered by the mutual relief work of dead and disused live stock carried on by the agricultural mutual relief association concerned.
Article 114 shall be amended as follows:
Article 114. Amount of the mutual relief work concerning live stock is as follows:
1. In the case of mutual relief work of dead and disused live stock, the amount or money to be fixed by the articles of association between the minimum amount which answers to the amount of mutual relief money to be fixed by the articles of association and the maximum amount which represents the amount equal to 80% of the value of the animal concerned;
2. In the case of mutual relief work of diseased and injured live stock, the amount of money to be fixed by the articles of association as not exceeding the amount to be fixed by the competent Minister;
3. In the case of mutual relief work of new-born live stock, with respect to the embryo, the amount of money to be fixed by the articles of association as not exceeding 16% of the value of the mother animal concerned, and, with regard to new-born cattle and horse, the amount of money equal to the amount of benefit due to the embryo in case the new-born animals are full one month or less of age, the amount of money to be increased by 15% per successive full month thereafter.
The basis of the amount of mutual relief money which answers to the minimum amount mentioned in item 1 of the preceding paragraph, shall be fixed by the competent Minister.
The following one chapter shall be added next to Article 120:
Chapter IV Voluntary Mutual Relief Work
Article 120-(2). In case it shall be deemed necessary the cometent Minister may fix the maximum amount of the benefit due to the mutual relief work whereto the participation is voluntary. In this case the amount due to the mutual relief work wherto the participation is voluntary, shall not exceed the maximum amount concerned.
Article 120-(3). With respect to the mutual relief work whereto the participation is voluntary the provision of Art.111-(2), and the provisions of Arts.631,637,639 to 641 inclusive,644,645,649 and 662 of Commercial Code shall apply mutatis mutandis thereto.
In Article 121, "specified in Art.83, par.1, item 1 to item 3 inclusive" shall be added after "insurance business" and the following two paragraphs shall be added in the same Article:
The federation of agricultural mutual relief associations may, besides the purpose prescribed in the preceding paragraph, purport to secure mutual insurance relation as regards the responsibility which an agricultural mutual relief association, a constituent of the said association, bears to its members through insurance business specified in Art.83, par, 1, item 4.
The competent Minister may give to a federation of agricultural mutual relief associations which carries on the insurance business in accordance with the provision of the preceding paragraph, the instructions necessary for the supervision of the business concerned.
The following one item shall be added in Article 123 par.1:
3. In case of mutual relief work whereto the participation is voluntary, the amount to be fixed by the articles of association as equivalent to 90% or more of the amount of benefit concerned.
The following one item shall be added in Article 125 par.1:
3. In case of mutual relief work whereto the participation is voluntary, the amount representing the sum obtained by multiplying the amount of benefit payable by its member, by the proportion held by the amount of insurance money agrinst the amount of benefiit.
The following one Article shall be added next to Article 132-(2):
Article 132-(2). The federation of Agricultural mutual relief associations may carry on, in addition to the insurance business prescribed in Art.121, and subject to the decision given thereon by the general meeting, the business which consists both in the receipt of mutual reilef money from the agricultural mutual relief associations which are member-associations of the federation of agricultural mutual relief associations, the agricultural cooperative associations or the federation of agricultural cooperative associations established within the district where operates the federation of agricultural mutual relief associations concerned, and in the delivery to the said associations or the federation of benefit in compensation for such damage as is the same in kind with the damage specified in Art.84, par.3.
With regard to the business prescribed in the preceding paragraph the provisions of Art.120-(3) and Art.121, par.3 shall apply mutatis mutandis thereto.
In Article 133, "Insurance business" shall be amended as "the insurance business of the mutual relief work concerning crops, mutual relief work concerning silkworms and cocoons and mutual relief work concerning live stock" .
In Article 134, "insurance relation" shall be amended as "the insurance relation mentioned in the preceding Article."
In Article 147 item 5, "Art.35" shall be amended as "Art.35, par.1" and in item 7 of the same Article "(inclusive of the Case whereto shall apply mutatis mutandis the same provision under Art.45-2, par.4)" shall be added after "Article 41, par.4" .
Supplementary Provisions:
1. Of this Law the revised provision or Art.111 shall come into force as from Aug.1, 1949, and the remaining provisions as from the day of its promulgation.
2. Part of Agricultural Forestry Central Cooperative Bank Law (Law No.42 of 1923) shall be amended as follows:
In Art.5, par.1 "agricultural mutual relief insurance associations" shall be amended as "federations of agricultural mutual relief associations" .
3. Part of the Local Tax Law (Law No.110 of 1948) shall be amended as follows:
In Art.13, item 15 "agricultural mutual relief insurance association" shall be amended as "federation of agricultural mutual relief insurance associations" .
4. The standard amount of benefit of mutual relief work concerning crops and that of mutual relief work concerning silkworms and cocoons to be fixed by the competent Minister in accordance with the provision of Art.106, may, for the time beings, be fixed uniformly, thereby dispensing with the maximum and minimum amounts mentioned in the same Article, in spite of the provision of the same Article.
5. The name of "agricultural mutual relief insurance association" , actually employed at the enforcement of this Law, shall be deemed, to have been replaced by the new name of "federations of agricultural mutual relief associations" at the said enforcement.
6. The federations of agricultural mutual relief associations prescribed in the preceding paragraph, must, in accordance with the provision of Art.62, effect the registration of alteration of their name.
Minister of Finance IKEDA Hayato
Minister of Agriculture and Forestry MORI Kotaro
Prime Minister YOSHIDA Shigeru