Law for Partial Amendments to the Agricultural Land Adjustment Law and Others
法令番号: 法律第215号
公布年月日: 昭和24年6月20日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Agricultural Land Adjustment Law and Others.
Signed:HIROHITO, Seal of the Emperor
This twentieth day of the sixth month of the twenty-fourth year of Showa (June 20, 1949)
Prime Minister YOSHIDA Shigeru
Law No.215
Law for Partial Amendments to the Agricultural Land Adjustment Law and Others
Article 1. The Agricultural Land Adjustment Law (Law No.67 of 1938) shall be partially amended as follows:
In Art.4 par.1 "exclusive of pasture lands" shall be followed by ";hereinafter the same in this Article" ;in par.2 of the same Article, "the preceding paragraph" shall be amended as "par.1" ;and par.1 shall be followed by two paragraphs mentioned below:
The permission or the approval mentioned in the preceding paragraph shall not be available in any one of the cases specified below:
(1) In the case where a person who intends to acquire any one of the rights (exclusive of those rights which are foreign to the purpose of cultivation, mowing or grazing of live-stock;hereinafter the same in this paragraph) specified in the preceding paragraph, or his relative or the consort thereof living under the same roof with him, cannot be deemed to employ the agricultural, grass or pasture lands concerned wherein the said right resides, for the purpose of following in person the cultivating or stock-farming business;
(2) In the case where, due to the prospective acquisition of any one of the rights specified in the preceding paragraph by a person who intends to acquire the same right, the total area of agricultural lands either owned or employed for the cultivating business by the said person, or his relative or the consort thereof living under the same roof with him, exceeds the area specified in Art.3 par.1 item (3) of the Law concerning the Special Measure for the Establishment of Owner Farmer (or the area, if available, which is determined, as prescribed in par.3 of the same Article, with respect to the district concerned, and which may replace the area specified in the said item);or in the case where the total area of agricultural, grass or pasture lands either owned or employed for the cultivating or stock-farming business by any one of the abovespecified persons, exceeds the area specified in Art.40-(2) par.1 item (3) of the same Law (or the area, if available, which is determined, as prescribed in Art.3 par.3 which applies mutatis mutandis under par.2 of the same Article, with respect to the district concerned, and which may replace the area specified in the said item);it shall be otherwise, however, with respect to the case where the cultivating or stock-farming business followed by a person who intends to acquire the right concerned, is deemed reasonable by the Agricultural Land Commission of city, town or village, subject to the approval of the governor of To, Do, Fu or prefecture concerned;
(3) In the case where, even with the prospective acquisition of any one of the rights specified in the preceding paragraph by a person who intends to acquire the said right, the total area of agricultural, grass or pasture lands employed for the cultivating or stock-farming business by the same person, or his relative or the consort thereof living under the same roof with him, falls short of the area to be determined by the governor of To, Do, Fu or prefecture, on the basis of 2 chobu in Hokkaido and 3 tanbu in To, Fu or prefecture;it shall be otherwise, however, with respect to the case wherefor the Agricultural Land Commission of city, town or village obtains the approval of the governor of To, Do, Fu or prefecture concerned;
(4) In the case where a person who holds the superficies, the emphyteusis, the lease or the loan for use, created in agricultural, grass or pasture lands for the purpose of following the cultivating or stock-farming business thereon, intends to sublease the same lands;it shall be otherwise, however, with respect to the case where the person intends to sublease the lands for the time being due to his inability to follow the cultivating, mowing or stock-farming business on the lands concerned on account of his illness or any other special reason;
(5) In any other case than those prescribed above where the prospective employment of agricultural, grass or pasture lands wherein any one of the rights specified in the preceding paragraph resides, for the cultivating or stock-farming business by a person who intends to acquire the right concerned, evidently reduces the agricultural productivity of the lands concerned.
In the case where a person who intends to acquire any one of the rights specified in par.1 intends to acquire the said right in the agricultural lands, the area of which exceeds 5,000 tsubo, in order to employ the same lands for purposes other than cultivation, the governor of To, Do, Fu or prefecture concerned shall, prior to giving the permission mentioned in the said paragraph, obtain the approval of the Minister of Agriculture and Forestry.
To Art.4 shall be added the following one paragraph as par.6:
The provisions of par.1 and the preceding two paragraphs shall apply mutatis mutandis to those lands (excepting the lands prescribed in par.1) or buildings which are resold by the Government in accordance with the provision either of Art.16 of the same Law which applies mutatis mutandis under Art.29 par.2 of the Law concerning the Special Measure for the Establishment of Owner Farmer, or of Art.41 par.1 of the same Law.
In Art.5 item (3), "an agricultural land" shall be amended as "the lands or buildings prescribed in par.1 or par.6 of the preceding Article" .
In Art.6 par.2, "the preceding paragraph" shall be amended as "par.1" , and par.1 of the same Article shall be followed by one paragraph mentioned below:
In giving the permission mentioned in the preceding paragraph the governor of To, Do, Fu or prefecture shall, with respect to the case where the area of agricultural lands for which the permission is intended exceeds 5,000 tsubo (inclusive of the case where the total area of agricultural lands to be employed for the operation of the same business exceeds 5,000 tsubo), obtain beforehand the approval of the Minister of Agriculture and Forestry.
To Art.6 shall be added the following one paragraph as par.4:
The provisions of par.1 and the preceding paragraph shall apply mutatis mutandis to the case where the person who purchased lands in accordance with the provision of Art.41 par.1 of the Law concerning the Special Measure for the Establishment of Owner Farther employs the same lands for any other purpose than mowing, grazing of live-stock, reclamation of agricultural lands or the land utilization which goes with the said reclamation.
In Art.9 par.2, "within six months of one year prior to the expiration of the period of lease," shall be followed by "(or one to six months prior to the expiration of the period of lease in the case where the temporary lease of the lands concerned was evidently made due to the lessor's illness which incapacitated him from following the cultivation or to other special reason)" , and the proviso to this paragraph shall be deleted therefrom, and to par.3 of the same Article shall be added the following proviso:
It shall be otherwise, however, with respect to the case where the dissolution of lease was effected by means of the arbitration prescribed in the Farm Tenancy Arbitration Law.
To Art.9 shall be added the following one paragraph as par.7:
The conditions governing the dissolution or the indefinite available period of lease contract of agricultural lands shall be deemed unsettled.
In Art.9-(2) par.2, "the items mentioned in Art.9-(3)" shall be amended as "the items of Art.9-(3) par.1" , and "the same Article" as "the same paragraph" .
The following one paragraph shall be added to Art.9-(3):
The permission prescribed in the proviso to the preceding paragraph may be replaced by the approval of the Agricultural Land Commission of city, town or village concerned in case it is prescribed by the Ministerial Ordinance concerned.
In Art.9-(4) par.1 and par.4, "the items under the preceding Article" shall be amended as "the items of par.1 of the preceding Article" .
In Art.9-(5) par.1, "the administrative agencies" shall be amended as "the competent Minister or the governor of To, Do, Fu or prefecture" , and "the items of Art.9-(3)" as "the items of Art.9-(3) par.1" .
Art.9-(6) shall be amended as follows:
Article 9-(6). Deleted.
The following one paragraph shall be added to Art.14-(2) as par.2:
The Farm Tenancy Arbitration Law and the provisions of Art.10 to Art.12 inclusive and the preceding Article shall apply mutatis mutandis to the lease and other contracts for use made for forests for fire-wood and charcoal, grass or pasture lands. In these provisions, however, "the governmental farm tenancy official or the prefectural farm tenancy official" shall be replaced by "the governmental farm tenancy official or the prefectural farm tenancy official, and the official of To, Do, Fu or prefecture in charge of the forestry or livestock business who shall be designated by the governor of To, Do, Fu or prefecture concerned."
In Art.15 par.2 item (2), "agricultural lands" shall be amended as "agricultural lands and others" .
In Art.15-(2) par.2, "par.8" shall be amended as "par.13" , and par.3 of the same Article shall be amended as follows:
Membership of the Commission shall be filled with those persons belonging to any one of the categories specified in the following items and eligible for the membership and who shall be elected by those persons belonging to one and the same category and qualified to elect members of the Commission:
(1) A person who follows the cultivating business on leased agricultural lands the area of which exceeds 5 tambu in Hokkaido and 2 tambu in To, Fu and prefectures;
(2) A person who owns leased agricultural lands the area of which exceeds either of the areas specified in the preceding item;
(3) A person who either follows the cultivating business or owns agricultural lands and who falls under neither of the preceding two items.
In applying the provision of the preceding paragraph to a person who owns leased agricultural lands and follows the cultivating business on leased agricultural lands, the difference between the area of the leased lands which he owns and that of the leased lands whereon he follows the cultivating business shall determine to which category specified in the items of the preceding paragraph he shall belong.
In Art.15-(2) par.5, "the preceding paragraph" shall be amended as "the preceding two paragraphs" , and to the same paragraph shall be added the following latter part:
It shall be the same with respect to the leased lands which are owned either by such a relative or the consort thereof of the person who owns leased lands as lives under the same roof with the said person, or by such a relative or the consort thereof of the person who owns leased lands as ceased, due to the special reason prescribed by the Ordinance concerned, to live under the same roof with the said person.
Art.15-(2) par.5 shall be followed by two paragraphs mentioned below:
The leased lands as used in the preceding three paragraphs shall mean those agricultural lands which a person who follows the cultivating business employs for the operation of the said business by virtue of the lease, the loan for use, the superficies, the emphyteusis or the pledge.
In the application of the provision of the preceding paragraph, any one of the rights specified in the preceding paragraph and held by such a relative or the consort thereof of the person who follows the cultivating business as lives under the same roof with the said person shall be deemed to be held by the said person who follows the cultivating business.
Art.15-(2) par.8 shall be followed by two paragraphs mentioned below:
In the application of the provisions laid down in par.3 and par.4, the area of agricultural lands shall, with respect to the agricultural lands with its area registered in the land registration book, be the said registered area (or the other specific area in case the same has been determined by the Agricultural Land Commission of city, town or village concerned as a substitute for the registered area which is judged by the Commission considerably unsuitable), and, with regard to the agricultural lands with its area not registered in the land registration book, be the specific area to be determined by the Agricultural Land Commission of city, town or village concerned.
The category specified in each item of par.3 shall depend upon the category specified in the iist of voters prepared in accordance with the provision of Art.15-(5) wherein are recorded persons who have the vote or those who are eligible;provided, however, that the category relating to the eligibility of those persons who are not recorded, but who ought to be recorded, in the list of voters, shall be determined on the basis of the date when the same list is prepared. The proviso shall hold good with regard to the category of the voting right held by the person who is not recorded in the list of voters but who holds the final decision in document to be entered in the same list.
Art.15-(2) par.11 shall be amended as follows:
The full number of members of the Commission to be elected as prescribed in par.3 shall be, two persons belonging to the category of item (1) of the same paragraph, two persons belonging to the category of item (2) of the same paragraph, and six persons belonging to the category of item (3) of the same paragraph.
The latter part of Art.15-(2) par.12 shall be amended as follows:
In this case, the proportion of increased full number of those members who belong to the respective categories mentioned in the items of the same paragraph, shall be equal to the proportion of full number of members specified in the preceding paragraph, while the total increased full number of members shall not exceed ten persons.
In Art.15-(3) par.1 "a relative or the consort thereof who lives under the same roof" shall be followed by "and who is aged twenty or more" , the following proviso shall be added to the same paragraph, and in par.2 of the same Article "par.4" shall be amended as "pays.5 and 9" :
It shall be otherwise, however, with respect to a person who does not own agricultural lands and who is deemed by the Agricultural Land Commission of city, town or village, in accordance with the provision of the Ministerial Ordinance concerned, to be a person who does not habitually follow the cultivating business.
From Art.15-(4) to Art.15-(8) inclusive shall be amended as follows:
Article 15-(4). Affairs relating to the election of members of the Agricultural Land Commission of city, town or village shall be administered by the Election Administration Commission of city, town or village.
Article 15-(5). The Election Administration Commission of city, town or village shall, as on December 1 of every year, investigate the election qualifications of electors and prepare the list of voters of members of the Agricultural Land Commission of city, town or village, as classified by the categories mentioned in the items of Art.15-(2) par.3, on the basis of the reporting in accordance with the provisions of the Ordinance concerned.
In the case prescribed in the preceding paragraph, if no reporting has been made or any mistake has been made or any omission occurred in the reporting, the Election Administration Commission of city, town or village may either prepare or revise the list of voters in virtue of his office.
The age of electors shall be calculated on the basis of the date when the list of voters is finally determined.
The list of voters shall contain the full names, fixed abodes, the dates of birth of voters and the areas of agricultural lands or leased agricultural lands owned or cultivated by them (including those agricultural lands deemed to be in the ownership of the same as prescribed in Art.15-(2) par.5 which applies mutatis mutandis under Art.15-(3) par.2) and other particulars;provided, however, that the entry in the list of the full names, the dates of birth and others is all that is required of the voters who are relatives or the consorts thereof living under the same roof with the aforesaid voters and who also are provided for in Art.15-(3) par.1.
The provisions of Art.15-(2) par.6, par.7 and par.9 shall apply mutatis mutandis to the case of the preceding paragraph.
Article 15-(6). A candidate for membership of the Commission may, upon obtaining the consent thereto of the person concerned, select from among the persons who are entered in the list of voters wherein is registered the same candidate in each polling district, a person as a prospective inspector of the poll, and may, on or before the second day prior to the day of election, file notice thereof with the superintendent of the poll. The notice may, however, be filled of the same person of whom the notice is already filed.
In case the persons reported on by the candidates in accordance with the provision of the preceding paragraph, do not number more than two with respect to the category mentioned in each item of Art.15-(2) par.3 (not comprising the person who has been reported on by the candidate who has died or resigned the candidacy;hereinafter the same), the said persons shall be appointed inspectors of the poll with regard to the category concerned;while, in case the persons number more than two, two inspectors of the poll shall be selected by mutual vote from among the persons reported on with respect to the category concerned.
In case there is less than two inspectors of the poll with respect to the category mentioned in each item of Art.15-(2) par.3 or in case less than two thereof has become available, or in case the inspectors of the poll who attend the polling-booth in time number less than two or in case the number thereof has become less than two thereafter, the superintendent of the poll shall elect inspectors of the poll to fill the vacancy concerned from among the persons whose names are registered in the list of voters for the category concerned in the polling district concerned and shall forthwith inform the persons concerned thereof in order to request their attendance at the poll;provided, however, that this shall not apply to the category for which no election of members of the Commission is held.
The provisions of Art.30 pars.3, 7 to 9 inclusive and 11 of the Local Autonomy Law shall apply mutatis mutandis to inspectors of the poll.
Article 15-(7). The provisions laid down in Arts.2, 13 to 17 inclusive,141 and 146 of the Law for Election of Members of the House of Representatives, and the provisions of pars.8 and 9 of the Supplementary Provisions of the Law for Partial Amendments to the Law for Election of Members of the House of Representatives (Law No.42 of 1945), shall apply mutatis mutandis to the election of members of the Agricultural Land Commission of city, town or village;provided, however, that November 5 of Art.13 par.1 of the Law for Election of Members of the House of Representatives shall be replaced by January 20 of the following year;December 20 of Art.17 par.1 of the same Law shall be replaced by March 5 of the following year;and December 19 of the following year of par.2 of the same Article shall be replaced by March 4 of the next year but one.
Article 15-(8). The provisions laid down in Art.17, Art.19 par.4, Art.20, Art.21, Art.24 pars.1, 2 and 4, Art.29, Art.31 par.1, Art.32 pars.1, 3 and 4, Art.33, Art.34, Art.35 par.1, Art.36 par.1, Arts.37 to 40 inclusive, Art.41 par.1, Arts.42 to 52 inclusive, Art.53 pars.1 to 3 inclusive, 10 and 11, Arts.55 to 57 inclusive, Art.58 pars.1, 3 to 6 inclusive, Arts.59 to 61 inclusive, Art.62 pars.1 and 2, Art.63, Art.64, Art.66 pars.1 to 4 inclusive, 7 and 8, Art.67, Art.68 pars.2 and 3, Art.69, Art.70, Art.72 pars.1 and 2, Art.73 and Art.128 of the Local Autonomy Law shall, with the exception of those parts which prescribe the election of headmen of ordinary local public bodies and members of the assembly of To, Do, Fu or prefecture, apply mutatis mutandis to the election of members of the Agricultural Land Commission of city, town or village;provided, however, that in Arts.40 and 47 of the Local Autonomy Law, "the provisions of Article 30" shall be replaced by "the provisions of Article 15-(6) of the Agricultural Land Adjustment Law" ;in Art.56 par.3, "if, in a case where an event.... has occurred before the fixed day prescribed in Article 60 paragraph 1, there is a person who has polled such number of votes as is prescribed in the proviso to paragraph 1 of the preceding Article or a person who has polled such number of votes as is applied the provisions of Article 65 paragraph 11 or if, in a case where an event.... has occurred after the fixed day prescribed in Article 60 paragraph 1, there is a person who has polled such number of votes as is applied the provisions of paragraph 2 of the preceding Article or paragraph 11 of Article 65," shall be replaced by "if, in a case where an event.... has occurred, there is a person who has polled such number of votes as is prescribed in the proviso to paragraph 1 of the preceding Article," ;in Art.60 par.3, "Article 92 or Article 141" shall be replaced by "Article 15-(21) of the Agricultural Land Adjustment Law" ;in Art.62 par.1, "if,...., elected persons cannot be determined without holding another election or the deficiency in the number of the elected persons together with such number of unfilled vacancies in the office of assemblymen as is mentioned in Article 63 paragraph 1 has come, notwithstanding that the elected persons have been determined without holding another election, to exceed one-sixth of the whole number of the assemblymen for the electoral district concerned (in a case where there is created no electoral district, the full number of the assemblymen)" , and in Art.63 par.1, "if,...., it is unable to determine the elected person without election or when the elected person has been determined without election or the number of such vacancies in the office of assemblymen together with such deficiency in the number of elected persons as is mentioned in paragraph 1 of the preceding Article has come to exceed one-sixth of the whole number of the assemblymen to be elected in the concerned electoral district (in a case where there is created no electoral district, the full number of the assemblymen)" shall be respectively replaced by "if,...., it is unable to determine the persons elected without election (excepting the case where the Election Administration Commission of city, town or village concerned obtained the approval of the governor of To, Do, Fu or prefecture, in case the total of the deficiency in the number of the elected persons and the number of vacancies in the office of assemblymen which occurred within six months prior to the expiry of the tenure of office of members of the Agricultural Land Commission of city, town or village, is not more than two persons)" ;in Art.63 par.2, "in a case where, before the fixed day contemplated in Article 60 paragraph 1, a vacancy has occurred in the office of assemblymen of an ordinary local public body" shall be replaced by "in a case where a vacancy occurred in membership of the Agricultural Land Commission of city, town or village" and "or if, in a case, after the fixed day such vacancy has been made, there is a person who, notwithstanding his having polled such number of votes as is prescribed in the provisions of Article 55 paragraph 2 or Article 65 paragraph 11 has not been duly elected" shall be suppressed;and in Art.72 par.1, ", XI" shall be suppressed.
Art.15-(9) shall be made Art.15-(25) and Art.15-(10) shall be deleted.
In Art.15-(15) par.2 item (2), "agricultural lands" shall be amended as "agricultural lands and others" , while the same Article shall be made Art.15-(9).
Art.15-(16) shall be made Art.15-(10).
Art.15-(11) shall be amended as follows:
Article 15-(11). Members of the Agricultural Land Commission of city, town or village (except the members appointed in accordance with the provision of Art.15-(2) par.13) shall have the right to elect members of the Agricultural Land Commission of To, Do, Fu or prefecture which comprises within its limits the city, town or village wherein is established the Agricultural Land Commission of city, town or village concerned.
Persons eligible to membership of the Agricultural Land Commission of city, town or village, shall be eligible to membership of the Agricultural Land Commission of To, Do, Fu or prefecture which comprises within its limits the city, town or village wherein is established the Agricultural Land Commission of city, town or village concerned.
Art.15-(12) shall be made Art.15-(23).
Next to Art.15-(11) shall be added the following one Article:
Article 15-(12). Members of the Agricultural Land Commission of To, Do, Fu or prefecture shall be elected in each constituency.
The constituency mentioned in the preceding paragraph shall be determined, in accordance with the provision of the Ministerial Ordinance concerned, by the Election Administration Commission of To, Do, Fu or prefecture, with respect to the category specified in each item of Art.15-(2) par.3.
The constituency whereto belong electors of members of the Agricultural Land Commission of To, Do, Fu or prefecture shall be determined on the basis of city, town or village wherein exist the fixed abodes of the said electors.
Art.15-(13) shall be amended as follows:
Article 15-(13). The affairs relating to the election of members of the Agricultural Land Commission of To, Do, Fu or prefecture shall be administered by the Election Administration Commission of To, Do, Fu or prefecture.
Art.15-(14) par.2 shall be amended as follows, and the same Article shall be made Art.15-(30):
The competent Minister may, upon receipt of the demand of the Central Agricultural Land Commission, order dissolution of the Agricultural Land Commission of To, Do, Fu or prefecture.
Next to Art.15-(13) shall be added the following three Articles:
Article 15-(14). When the election of members of the Agricultural Land Commission of To, Do, Fu or prefecture is held, the Election Administration Commission of To, Do, Fu or prefecture shall, with respect to each constituency, prepare the list of voters of members of the Agricultural Land Commission of To, Do, Fu or prefecture on the basis of the category mentioned in each item of Art.15-(2) par.3 which applies mutatis mutandis under Art.15-(17), and shall offer the same list of voters to the parties concerned at the designated place.
In the list of voters mentioned in the preceding paragraph shall be entered the full names of voters and the designation and others of the Agricultural Land Commission of city, town or village whereto they belong.
As to the list of voters mentioned in par.1, the provisions of Art.26 par.1, the former part of par.3, pars.4 and 6 of the Local Autonomy Law shall apply mutatis mutandis.
Article 15-(15). The voting district at the election of members of the Agricultural Land Commission of To, Do, Fu or prefecture shall be determined by the Election Administration Commission of To, Do, Fu or prefecture.
When the voting district is established in accordance with the provision of the preceding paragraph, the public notice thereof shall be given by the Election Administration Commission of To, Do, Fu or prefecture concerned.
Article 15-(16). The Election Administration Commission of To, Do, Fu or prefecture may, in recognition of the special need for it, establish the district for counting votes in the election of members of the Agricultural Land Commission of To, Do, Fu or prefecture.
The provision of par.2 of the preceding Article shall apply mutatis mutandis to the case of the preceding paragraph.
Art.15-(17) shall be amended as follows:
Article 15-(17). The provisions laid down in Art.15-(2) pars.3 to 13 inclusive, the text of par.14 and Art.15-(6) shall apply mutatis mutandis to the Agricultural Land Commission of To, Do, Fu or prefecture.
In Art.15-(18) pars.1 and 2, "the decision" shall be followed by "(including the determination or ruling)" ;the same Article shall be made Art.15-(28);in Arts.15-(19) and 15-(20), "Art.15-(15)" shall be amended as "Art.15-(9)" ;Art.15-(19) shall be made Art.15-(31);and Art.15-(20) shall be made Art.15-(32).
Next to Art.15-(17) shall be added the following three Articles:
Article 15-(18). The provisions of Art.17, Art.21, Art.24 pars.1, 2 and 4, Art.27, pars.1 to 4 inclusive, 6 and 7, Art.29, Art.31 par.1, Art.32 pars.1, 3 and 4, Art.33, Art.34, Art.35 par.1, Art.36 par.1, Art.37, Art.39, Art.40, Art.41 par.1, Arts.42 to 52 inclusive, Art.53 pars.1 to 3 inclusive, 9 to 11 inclusive, Arts.55 to 57 inclusive, Art.58 pars.1, 3 to 6 inclusive, Arts.59 to 61 inclusive, Art.62 pars.1 and 2, Art.63, Art.64, Art.66 pars.1 to 4 inclusive, 7 and 8, Art.67, Art.68 pars.2 and 3, Art.69, Art.70, Art.72 pars.1 and 2, Art.73 and Art.128 of the Local Autonomy Law shall, with the exception of those parts which prescribe the election of headmen of ordinary local public bodies and members of the assembly of city, town or village, apply mutatis mutandis to the election of members of the Agricultural Land Commission of To, Do, Fu or prefecture;provided, however, that in Arts.40 and 47 of the Local Autonomy Law, "the provisions of Article 30" shall be replaced by "the provisions of Article 15-(6) which apply mutatis mutandis under Article 15-(17) of the Agricultural Land Adjustment Law" ;in Art.56 par.3, "if, in a case where an event...... has occurred before the fixed day prescribed in Article 60 paragraph 1, there is a person who has polled such number of votes as is prescribed in the proviso to paragraph 1 of the preceding Article or a person who has polled such number of votes as is applied the provisions of Article 65 paragraph 11 or if, in a case where an event...... has occurred after the fixed day prescribed in Article 60 paragraph 1, there is a person who has polled such number of votes as is applied the provisions of paragraph 2 of the preceding Article or paragraph 11 of Article 65," shall be replaced by "if, in a case where an event...... has occurred, there is a person who has polled such number of votes as is prescribed in the proviso to paragraph 1 of the preceding Article," ;in Art.60 par.3, "Article 92 or Article 141" shall be replaced by "Article 15-(21) of the Agricultural Land Adjustment Law" ;in Art.62 par.1, "if,......, elected persons cannot be determined without holding another election or the deficiency in the number of the elected person together with such number of unfilled vacancies in the office of assemblyman as is mentioned in Article 63 paragraph 1 has come, notwithstanding that the elected persons have been determined without holding another election, to exceed one-sixth of the whole number of the assemblymen for the electoral district concerned (in a case where there is created no electoral district, the full number of the assemblymen)" , and in Art.63 par.1, "if,........, it is unable to determine the elected person without election or when the elected person has been determined without election or the number of such vacancies in the office of assemblymen together with such deficiency in the number of elected persons as is mentioned in paragraph 1 of the preceding Article has come to exceed one-sixth of the whole number of the assemblymen to be elected in the concerned electoral district (in a case where there is created no electoral district, the full number of the assemblymen)" shall be respectively replaced by "if,........, it is unable to determine the persons elected without election (excepting the case where the Election Administration Commission of To, Do, Fu or prefecture concerned obtained the approval of the competent Minister, in case the total of the deficiency in the number of the elected persons and the number of vacancies in the office of assemblymen which occurred within six months prior to the expiry of the tenure of office of members of the Agricultural Land Commission of To, Do, Fu or prefecture, is not more than two persons)" ;in Art.63 par.2, "in a case where, before the fixed day contemplated in Article 60 paragraph 1, a vacancy has occurred in the office of assemblymen of an ordinary local public body" shall be replaced by "in a case where a vacancy occurred in membership of the Agricultural Land Commission of To, Do, Fu or prefecture" and "or if, in a case, after the fixed day such vacancy has been made, there is a person who, notwithstanding his having polled such number of votes as is prescribed in the provisions of Article 55 paragraph 2 or Article 65 paragraph 11 has not been duly elected" shall be suppressed;and in Art.72 par.1, ", XI" shall be suppressed.
Article 15-(19). A person who falls under any one of the categories mentioned in the items of Art.15-(2) par.3 and holds the right to elect members of the Agricultural Land Commission of city, town or village may, with the consent of not less than half of those persons who belong to the category concerned and hold the right to elect members of the Agricultural Land Commission of city, town or village, and in accordance with the provisions of the Ministerial Ordinance concerned, require the Election Administration Commission of city, town or village to recall all the members of the Agricultural Land Commission of city, town or village who have been elected to office in accordance with the provision of the same paragraph and belong to the category concerned.
A person who falls under any one of the categories mentioned in the items of Art.15-(2) par.3 and holds the right to elect members of the Agricultural Land Commission of city, town or village may, with the consent of not less than half of those persons who belong to the category concerned in each constituency prescribed in Art.15-(12) par.1 and hold the right, in the constituency whereto the said person belongs, to elect members of the Agricultural Land Commission of city, town or village, and in accordance with the provisions of the Ministerial Ordinance concerned, require the Election Administration Commission of To, Do, Fu or prefecture to recall all the members of the Agricultural Land Commission of To, Do, Fu or prefecture who have been elected to office in the constituency concerned in accordance with the provision of Art.15-(2) par.3 which applies mutatis mutandis under Art.15-(17) and belong to the category concerned.
Upon receipt of the requisite prescribed in the provisions of the preceding two paragraphs, either the Election Administration Commission of To, Do, Fu or prefecture or the Election Administration Commission of city, town or village shall, without delay, give public notice thereof and inform the governor of To, Do, Fu or prefecture and the Agricultural Land Commission of To, Do, Fu or prefecture or the Agricultural Land Commission of city, town or village of the same requisite.
When the public notice mentioned in the preceding paragraph is given, the members related to the requisite mentioned in pars.1 and 2, shall forfeit their post on the day when the same notice is given.
The requisite for the recall of all the members prescribed in pars.1 and 2 shall not be made during six months following the day when the election of the same members has been held.
Persons who hold the right to elect members as mentioned in pars.1 and 2 shall be those registered in the list of voters, prepared as prescribed in Art.15-(5) par.1, on the day when the same is determined, and public notice of half of the same persons shall be given directly after the determination of the list of voters by the Election Administration Commission of To, Do, Fu or prefecture or by the Election Administration Commission of city, town or village.
In the application of the provisions laid down in pars.1 and 2, the categories mentioned in the said paragraphs shall be those specified in the list of voters wherein are registered the persons mentioned in the said paragraphs.
The provisions of Art.29 and Art.30 par.1 of the Law for Election of Members of the House of Representatives shall apply mutatis mutandis to the consent or requisite mentioned in pars.1 and 2;provided, however, that in Art.29, "provided, however, that a person who appears at the polling station on the election day, bearing with himself a written determination which is final decision that his name shall be registered in the list of electors, shall be permitted by the electoral administrator concerned to cast a vote" shall be replaced by "provided, however, that it shall be otherwise with respect to the person who shall be registered in the list of voters in compliance with the final decision thereon" .
Article 15-(20). The Election Administration Commission of To, Do, Fu or prefecture shall, in respect to such matters as this Law assigns to the Election Administration Commission of city, town or village, direct and supervise the Election Administration Commission of city, town or village.
The Minister of Agriculture and Forestry and the National Election Administration Commission shall, in respect to such matters as this Law assigns to the Election Administration Commission of To, Do, Fu or prefecture, direct and supervise the Election Administration Commission of To, Do, Fu or prefecture.
The provision of Art.151 par.1 of the Local Autonomy Law shall apply mutatis mutandis to the cases specified in the preceding two paragraphs.
Art.15-(2) shall be amended as follows:
Article 15-(21). A person shall hold singly and not concurrently the membership of the Agricultural Land Commission of city, town or village, or that of the Agricultural Land Commission of To, Do, Fu or prefecture, or that of the Central Agricultural Land Commission.
A person shall not combine the membership of the Agricultural Land Commission of To, Do, Fu or prefecture with that of the assembly of To, Do, Fu or prefecture.
Art.15-(22) shall be made Art.15-(34) and the following one Article shall be added next to Art.15-(21):
Article 15-(22). The tenure of office of a member shall be two years.
In case there is a special reason for it, the governor of To, Do, Fu or prefecture may recall members of the Agricultural Land Commission of city, town or village or members of the Agricultural Land Commission of To, Do, Fu or prefecture who have been appointed to office as prescribed in Art.15-(2) par.13 (inclusive of the case whereto the provision applies mutatis mutandis under Art.15-(17)).
The provision of the text of Art.15-(2) par.14 (inclusive of the case whereto this applies mutatis mutandis under Art.15-(17)) shall apply mutatis mutandis to the case mentioned in the preceding paragraph;provided, however, that "all the members" shall be replaced by "the majority of all members" .
The provisions of Art.93 pars.2 to 4 inclusive of the Local Autonomy Law shall apply mutatis mutandis to the tenure of office of members.
Next to Art.15-(23) shall be added the following one Article:
Article 15-(24). A member can not participate in the proceedings on such affairs as have bearings on himself and on his relative and the consort thereof living under the same roof with him;provided, however, that the same member may attend and speak at the meeting in case the Agricultural Land Commission of city, town or village of the Agricultural Land Commission of To, Do, Fu or prefecture agrees thereto.
Next to Art.15-(25) shall be added the following two Articles:
Article 15-(26). The provisions of Art.127 pars.1, 3 and 4 and Art.128 of the Local Autonomy Law shall apply mutatis mutandis to the decision on the presence of the qualifications of either a member of the Agricultural Land Commission of city, town or village, or a member of the Agricultural Land Commission of To, Do, Fu or prefecture.
Article 15-(27). A person who is not satisfied with the disposition (except the decision prescribed in Art.14-(4) or in Art.3 par.3 of the Supplementary Provisions of the Law for Partial Amendments to Agricultural Land Adjustment Law (Law No.240 of 1947)) effected, in accordance with the provisions of this Law, by the Agricultural Land Commission of city, town or village, may, within two months following the day when the said disposition has been effected, file a petition with the governor of To, Do, Fu or prefecture concerned.
In giving a decision on the petition filed in accordance with the provision of the preceding paragraph, the governor of To, Do, Fu or prefecture shall ask the Agricultural Land Commission of To, Do, Fu or prefecture concerned for the opinion on the same petition.
Next to Art.15-(28) shall be added the following one Article:
Article 15-(29). In case it is necessary for the adjustment of agricultural lands and others, the governor of To, Do, Fu or prefecture may cause the Agricultural Land Commission of To, Do, Fu or prefecture to dispose of those matters which come under the jurisdiction of the Agricultural Land Commission of city, town or village as prescribed in this Law.
In the case specified in the preceding paragraph, with respect to the matters which the provision of the same paragraph places at the disposal of the Agricultural Land Commission of To, Do, Fu or prefecture, those matters which come, in accordance with this Law, under the jurisdiction of the Agricultural Land Commission of To, Do, Fu or prefecture, shall be disposed of by the governor of To, Do, Fu or prefecture concerned;while the petitions to be made, under this Law, to the Agricultural Land Commission of To, Do, Fu or prefecture, shall be made to the governer of To, Do, Fu or prefecture concerned.
Next to Art.15-(32) shall be added the following one Article:
Article 15-(33). Expenses involved in the adjustment of matters concerning agricultural lands shall be charged on the National Treasury;provided, however, that the expenses involved in the mediation which is effected, in response to the proposal thereto of the party concerned, by the Agricultural Land Commission of city, town or village or the Agricultural Land Commission of To, Do, Fu or prefecture with regard to tenancy, relations between adjacent landowners and matters concerning the use of agricultural lands and others, shall be charged on the city, town, village, To, Do, Fu or prefecture concerned.
In Art.17, "administrative agencies" shall be amended as "the competent Minister or the governor of To, Do, Fu or prefecture concerned" , and "the governmental official concerned" as "the governmental or public official concerned" .
In Art.17-(2) par.1, "par.6" shall be amended as "par.11" .
In Art.17-(5) item (4), "the governmental official concerned" shall be amended as "the governmental or public official concerned" .
Article 2. The amended provisions of Art.4 of the Agricultural Land Adjustment Law in the preceding Article shall apply to the contract, effective at the enforcement of this Law, in respect to the land or building mentioned in par.6 of the same Article, even in cases where both the registration of the creation or transfer of the right in the said contract and the delivery of the said land or building (excluding the delivery prescribed in Arts.183 and 184 of the Civil Code (Law No.89 of 1896)) are as yet not effected.
Article 3. The amended provision of Art.9 par.2, 3 or 7 of the Agricultural Land Adjustment Law in Art.1 shall apply respectively to the lease which actually resides in agricultural lands at the enforcement of the provision concerned.
Article 4. With respect to a person who, at the enforcement of this Law, is actually a member of the Agricultural Land Commission of city, town or village or of the Agricultural Land Commission of To, Do, Fu or prefecture, the member who has been elected to office in accordance with any one of the provisions of Art.15-(2) par.3 item (1) to item (3) inclusive of the unamended Agricultural Land Adjustment Law (inclusive of the case whereto apply mutatis mutandis these provisions under Art.15-(17) of the same unamended Law) shall be deemed to be the member who has been elected to office in accordance with any one of the provisions of Art.15-(2) par.3 item (1) to item (3) inclusive of the same Law as amended (inclusive of the case whereto apply mutatis mutandis these provisions under Art.15-(17) of the same Law as amended), while the member who has been elected to office in accordance with the provision of Art.15-(2) par.8 of the same unamended Law (inclusive of the case whereto applies mutatis mutandis the provision under Art.15-(17) of the same unamended Law) shall be deemed to be the member who has been elected to office in accordance with the provision of Art.15-(2) par.13 of the same Law as amended (inclusive of the case whereto applies mutatis mutandis the provision under Art.15-(17) of the same Law as amended), and these members shall remain in office until the day when the general election is held for the first time after the enforcement of this Law.
2 The person prescribed in the preceding paragraph, even if he ceases to be eligible to election in accordance with the amended provisions of Art.15-(3) and Art.15-(8) or Art.15-(11) of the Agricultural Land Adjustment Law, shall be deemed to be eligible to election in accordance with the provisions concerned until the day when the general election is held for the first time after the enforcement of this Law.
3 With respect to the full number of the members prescribed in par.1, the provisions hitherto prescribed shall hold good, in spite of the amended provisions of Art.15-(2) of the Agricultural Land Adjustment Law (inclusive of the case whereto these provisions apply mutatis mutandis under Art.15-(17) of the same Law), until the day when the general election is held for the first time after the enforcement of this Law.
Article 5. Until the general election of members of the Agricultural Land Commission of city, town or village or the general election of members of the Agricultural Land Commission of To, Do, Fu or prefecture, is respectively held in accordance with the provisions of Art.6 after the enforcement of this Law, the election of these members shall not be held nor the supplement thereof be effected, in spite of the amended provisions of Art.15-(8) or Art.15-(18) of the Agricultural Land Adjustment Law.
2 During the interval between the day when this Law comes into force and the day when the general election prescribed in Art.6 is held, no requisite for recall of members of the Agricultural Land Commission of city, town or village or of members of the Agricultural Land Commission of To, Do, Fu or prefecture, prescribed in the same paragraph, shall be made, in spite of the amended provisions of Art.15-(19) pars.1 and 2 of the Agricultural Land Adjustment Law.
Article 6. The date when the general election of members of the Agricultural Land Commission of city, town or village is held and the date when the general election of members of the Agricultural Land Commission of To, Do, Fu or prefecture is held for the first time after the enforcement of this Law, shall be fixed by the Cabinet Order concerned. The same date shall, however, be any one of the days of the four months following the day when this Law is promulgated.
2 The dates, the periods and others concerning the preparation, the offering to public inspection, the proposal for and decision on revision and the final determination, of the list of voters available on the occasion of the general election mentioned in the preceding paragraph shall be fixed by the Cabinet Order concerned, in spite of the amended provisions of Arts.15-(5) and 15-(7) of the Agricultural Land Adjustment Law.
3 The list of voters of members of the Agricultural Land Commission of city, town or village, prepared in accordance with the provision of the preceding paragraph, shall remain intact until March 4, 1951.
4 During the year of 1949, the list of voters of members of the Agricultural Land Commission of city, town or village prescribed in Art.15-(5) par.1 of the Agricultural Land Adjustment Law shall not be prepared in spite of the amended provision of the same paragraph.
Article 7. The proceedings and other actions which have been taken in accordance either with the unamended Agricultural Land Adjustment Law or with the orders issued thereunder shall be deemed to be those taken in accordance with the provisions of this Law or the orders issued thereunder corresponding to the unamended provisions of above Law or Orders.
Article 8. The Law concerning the Special Measure for the Establishment of Owner Farmer (Law No.43 of 1946) shall be partially amended as follows:
In Art.3 par.5, item 6 shall be made item 7, item 5 shall be made item 6, and the following one item shall be inserted as item 5:
5. The agricultural lands wherein resided as on July 15, 1948 the emphyteusis prescribed in Art, 47 of the Law concerning the Enforcement of Civil Code (Law No.11 of 1898)(exclusive of those agricultural lands which have legitimately become ownerfarmer lands on and after the same date);
To Art.4 shall be added the following two paragraphs as par.3 and par.4:
With respect to the application of the provision of par.1 of the preceding Article, if, in cases where a person who owns agricultural lands and who follows by himself the cultivating business thereon or whose relative or the consort thereof living under the same roof with him follows the cultivating business ceases, due to any legitimate reason other than the special reason prescribed in Art.2 par.4, to have his address within the administrative district of the city, town or village wherein are situated the said lands, the consort of the said person or such blood-relation of him within the second degree as has lived hitherto under the same roof with him continues the cultivating business on the agricultural lands concerned, and moreover the Agricultural Land Commission of city, town or village concerned deems it likely that the said owner of agricultural lands will have his address in the administrative district of the city, town or village where are situated the agricultural lands concerned, it shall be so deemed that the same person retains his address in the administrative district of the city, town or village concerned.
The Agricultural Land Commission of city, town or village concerned must make inquires every two years about the person who is deemed, in accordance with the provision of the preceding paragraph, to have his address in the administrative district of the city, town or village concerned, and thereby decide whether or not the said person thus falls under the same paragraph.
Art.12-(2) par.3 shall be followed by one paragraph mentioned below:
The creation of servitude prescribed in par.1 or par.2 may, even though no registration thereof is effected, he set against the person who has acquired the ownership in the servient lands concerned, so long as the same servient lands are employed for the installation of electric lines.
In the text of Art.15 par.1, "If, in cases where a person who is to be the owner-farmer...... or a person having ownership or other right in such an agricultural land has" shall be amended as "If, in cases where a person who is to be the owner-farmer.... has, within a year following the day when the agricultural lands were resold to him as prescribed in the same Article," ;in par.2 of the same Article, "the preceding paragraph" shall be amended as "par.1" ;in par.3 of the same Article, "shall be, in respect with meadow, determined in accordance with provisions of ordinance," shall be amended as "shall be, in accordance with the provisions of the Ordinance concerned, determined, with respect to meadow," ;and the following one paragraph shall be inserted as par.2 of the same Article:
In the case falling under any one of the following items, the Government shall not, in spite of the provision of the preceding paragraph, purchase homesteads or buildings:
1. In the case where a person who holds the lease, the loan for use or the superficies in a homestead or a person who holds the lease in a building, and such a relative as well as the consort thereof of either of the said persons as live under the same roof with the said person derive their principal income from any other occupation than farming.
2. In the case where the employment of a homestead or a building in the near future by the owner thereof is deemed suitable.
3. In the case where the situation, surroundings, structure and others of a homestead or a building ill fits the said homestead or building for the purchase.
In Art.40-(2) par.4, item 2 and the following items shall be moved down by one and the following one item shall be inserted as item 2:
2. The pasture lands wherein resided as on July 15, 1948 the emphyteusis prescribed in Art.47 of the Law concerning the Enforcement of Civil Code (exclusive of those pasture lands which have legitimately become owner-farmer pasture lands on and after the same day).
In Art.46 par.2, "the preceding paragraph" and "the Agricultural Land Commission of a City, Town or Village" shall be respectively amended as "par.1" and "the governor of To, Do, Fu or prefecture, or the chief of a city, town or village, or the Agricultural Land Commission of a city, town or village" , and the following one paragraph shall be added next to par.1 of the same Article:
With regard to the national property prescribed in the preceding paragraph, the Ministerial Ordinance may prescribe the exceptional case with regard to the National Property Law.
In Art.50 item 1, "Art.30-(2) par.3" shall be followed by "(including the cases whereto this applies mutatis mutandis under Art.37 par.2)" , and in item 2 of the same Article, "an official in charge" shall be amended as "a governmental or public official in charge" .
In Art.51 "item 2 or item 3" shall be amended as "item 1, item 3 or item 4" .
Article 9. The amended provision of Art.4 par.3 of the Law concerning the Special Measure for the Establishment of Owner Farmer in the preceding Article shall not apply to the purchase of agricultural lands which is proscribed in Art.3 of the same Law and the public notice of whose plan prescribed in Art.6 par.5 of the same Law has been given prior to the enforcement of this Law.
Article 10. With respect to the person to whom agricultural lands have been resold, prior to the enforcement of this Law, in accordance with the provisions of Art.16 of the Law concerning the Special Measure for the Establishment of Owner Farmer, "within a year following the day when the agricultural lands have been resold to him as prescribed in the same Article" shall read "within a year posterior to the enforcement of this Law" .
Article 11. The Farm Tenancy Arbitration Law (Law No.18 of 1910) shall be partially amended as follows:
In Art.5, "the chiefs of the city, town, village and county" shall be amended as "the Agricultural Land Commission of city, town or village (or the divisional Agricultural Land Commission, in case the same Commission is, in accordance with the provision of Art.17-(2) par.3 of the Agricultural Land Adjustment Law, established at the locality wherein is situated the land concerned;hereinafter the same) and the chiefs of the city, town and village" .
In Art.8 par.3, "the chiefs of the city, town, village and county" shall be amended as "the Agricultural Land Commission of city, town or village and the chiefs of the city, town and village" .
Next to Art.9 shall be added the following one Article:
Article 9-(2). Upon receipt of an application for arbitration, the Court must, previous to arbitrating the same, induce the Agricultural Land Commission of the city, town or village wherein is situated the land involved in the dispute concerned, to recommend the parties interested to settle the dispute amicably;provided, however, that it shall be otherwise in respect to the case wherein the Agricultural Land Commission of city, town or village concerned has already made the said recommendation with regard to the dispute concerned or wherein the circumstances involved in the dispute render the recommendation of the Agricultural Land Commission of city, town or village, inappropriate to the occasion.
In Art.11, "notwithstanding the provisions of the preceding Article" shall be amended as "at any time" .
In Art.17, "the chief of the city, town, village or county" shall be amended as "the Agricultural Land Commission of city, town or village or the chief of the city, town or village" .
In Art.18, "the farm tenancy officer, or the chief of the city, town, village or county mentioned in the preceding Article" shall be amended as "the Agricultural Land Commission of city, town or village or the chief of the city, town or village mentioned in Art.17" , and the same Article shall be made Art.18-(2), and the following one Article shall be added next to Art.17:
Article 18. In proceeding in the arbitration, the Court must hear the opinion thereupon of the governmental or prefectural farm tenancy officer.
In Arts.19 and 20, "the farm tenancy officer" shall be amended as "the governmental or prefectural farm tenancy officer" .
In Art.29 par.1, "persons fit for the arbitration" shall be amended as "persons recommended by the Agricultural Land Commission of To, Do, Fu or prefecture as well as other persons fit for the arbitration" .
In Art.43, "the chief of the city, town, village or county" shall be amended as "the Agricultural Land Commission of city, town or village and the chief of the city, town or village" .
Article 12. Law concerning the Exception to the Tenure of Office and Others of Members of City, Town or Village Agricultural Land Commission and of Members of Metropolitan, Hokkaido or Prefectural Agricultural Land Commission (Law No.237 of 1948) shall be abolished.
Supplementary Provision:
This Law shall come into force as from the day of its promulgation;provided, however, that with respect to the amended provisions of Art.9 par.3 of the Agricultural Land Adjustment Law in Art.1, the same provisions shall come into force as from January 1, 1950.
Minister of Agriculture and Forestry MORI Kotaro
Prime Minister YOSHIDA Shigeru