(Purpose)
Article 1. The purpose of this Law shall be to establish the system of Land and House Investigators and to secure the fairness in their business transactions in order to maintain accuracy in registrations in the land ledger and the house ledger which are the base of registration of immovable properties.
(Business)
Article 2. A Land and House Investigator (hereinafter referred to as "Investigator" ) shall make it his business to conduct such investigation or survey or follow such procedures for report, in respect to lands or houses, as is required for registration in the land ledger or the house ledger in compliance with the request of any other person.
(Qualification)
Article 3. Any person who falls under any of the following items shall be qualified for an Investigator:
(1) A person who has studied subjects concerning survey at a high school under the School Education Law (Law No.26 of 1947) or at a vocational school under the former Secondary School Ordinance (Imperial Ordinance No.36 of 1943), and who has graduated from such school and has more than two years'actual experience in survey;
(2) Any person who is qualified for a surveyor or assistant surveyor;
(3) Any person who has passed an examination for Land and House Investigators.
(Causes for Disqualification)
Article 4. Any person mentioned below shall have no qualification for an Investigator:
(1) A person who was condemned to imprisonment or a heavier punishment, and for whom two years have not elapsed after the execution of such punishment had been carried out or after the execution had come to an end;
(2) A person who is legally incompetent or quasi-incompetent;
(3) A person who was a public official and was dismissed by disciplinary action, and for whom two years have not elapsed from the day of such action;
(4) A person who was subjected to the action of cancellation of his registration in accordance with Article 13 and for whom two years have not elapsed from the day of such action;
(5) A person who was subjected to the action of effacement of his registration in accordance with Article 52 item (2) of the Survey Law (Law No.188 of 1949) and for whom two years have not elapsed from the day of such action.
(Examination for Land and House Investigators)
Article 5. The Attorney-General shall conduct an examination for Land and House Investigators once or more each year.
2 The examination under the preceding paragraph shall be conducted on the necessary knowledge and ability for registration in the land ledger and the house ledger.
3 The Attorney-General shall hear the opinion of the Minister of Construction on the execution of the examination under paragraph 1.
4 Any person who takes the examination under paragraph 1 shall pay an examination fee as provided for by Cabinet Order.
(Registration)
Article 6. In case a person who is qualified for an Investigator is going to become the Investigator, he shall be registered in the list of Land and House Investigators kept at the Legal Affairs Bureau or District Legal Affairs Bureau under whose jurisdiction is the locality where he intends to establish his office.
(Application for Registration)
Article 7. Any person who is going to be registered as provided for in the preceding Article shall make an application for registration to the Chief of the competent Legal Affairs Bureau or District Legal Affairs Bureau, submitting a document certifying his qualification for an Investigator.
2 Any person who makes an application for registration shall pay a registration fee as provided for by Cabinet Order.
(Cancellation of Registration)
Article 8. In case an Investigator falls under any of the following items, the Chief of the Legal Affairs Bureau or District Legal Affairs Bureau which exercises jurisdiction over the locality of his office shall cancel his registration:
(1) In case he has discontinued his business;
(3) In case it has been found that he is not qualified for an Investigator;
(4) In case item (1), (2), (4) or (5) of Article 4 has come to be applicable to him.
(Office)
Article 9. An Investigator shall set up his office according to the standard as provided for by Attorney-General's Office Ordinance.
2 In case an Investigator removes his office to the jurisdiction of the Legal Affairs Bureau or District Legal Affairs Bureau which is different from the one which has exercised control over him, he shall file an application for the transfer of his registration with the Chief of such Legal Affairs Bureau or Local Legal Affairs Bureau.
(Books and Documents)
Article 10. An Investigator shall, as provided for by Attorney-General's Office Ordinance, keep books concerning his business and preserve related documents.
(Duty to Comply with Request)
Article 11. An Investigator shall not refuse a request for investigation except for a justifiable reason.
(Prohibition of False Investigation or Survey)
Article 12. An investigator shall not make a false investigation or survey in respect of his business.
(Punishment)
Article 13. In case an Investigator violates this Law or any order based on this Law, the Chief of the Legal Affairs Bureau or District Legal Affairs Bureau which has jurisdiction over the locality of his office may take any of the following actions:
(2) Suspension of his business for not more than one year;
(3) Cancellation of his registration.
2 In case the Chief of the Legal Affairs Bureau or the District Legal Affairs Bureau is going to take the action under item (2) or (3) of the preceding paragraph, he shall, at the request of the Investigator concerned, ask for his presence and hear him in public.
3 In case the Chief of the Legal Affairs Bureau or the District Legal Affairs Bureau holds such hearing as is mentioned in the preceding paragraphs, he shall notify the Investigator concerned of the alleged cause for the action as well as the date and the place for the hearing one week before such date.
4 In case the Investigator concerned does not present himself on the day of the hearing without a justifiable reason, the Chief of the Legal Affairs Bureau or the District Legal Affairs Bureau may take an action mentioned in item (2) or item (3) of paragraph 1 without holding such hearing.
(investigators'Association)
Article 14. Investigators may organize, a Land and House Investigators'Association (hereinafter referred to as "Investigators'Association" ), within the jurisdiction of the Legal Affairs Bureau or the District Legal Affairs Bureau by laying down the regulations thereof.
2 The purpose of the Investigators'Association is to conduct affairs concerning the guidance and mutual contact of its members in order to preserve the honor of investigators and also for the improvement and progress of their business.
(Regulations of the Investigators'Association)
Article 15. The regulations of the Investigators'Association shall contain therein the following matters:
(1) The name of the Association and the location of its office;
(2) Provisions concerning the representative and other officials of the Association;
(3) Provisions concerning Meetings;
(4) Provisions concerning the standard of remuneration for Investigators;
(5) Provisions concerning the execution of business and preservation of honor of Investigators.
(Members of the Investigators'Association)
Article 16. An Investigator who has his office within the jurisdiction of an Investigators'Association may be a Member of such Association.
(Federation of Investigators'Associations)
Article 17. Investigators'Association may, in order to practise specific matters jointly, establish a Federation of Land and House Investigators'Associations (hereinafter referred to as "Federation" ) with the whole country as a unit, by fixing the regulations of the Federation.
(Delegation to the Attorney-General's Office Ordinance)
Article 18. Necessary matters concerning Investigators'examination, registration and discharge of affairs, shall be ordained by Attorney-General's Office Ordinance unless they are provided for in this Law.
(Control of Non-Investigators)
Article 19. Any person who is not an Investigator cannot make it his business to conduct investigation or survey or to follow procedures for report which, as a result, will require such act, in respect to lands or houses, in accordance with the provisions of Article 2.
2 Any person who is not an Investigator shall not use the appellation of Land and House Investigator or anything else which is liable to cause misunderstanding as such.
(Penal Provisions)
Article 20. In case any person who is not qualified for an Investigator has made a false report concerning his qualification to the Chief of the Legal Affairs Bureau, or the District Legal Affairs Bureau and caused his name to be entered in the list of Land and House Investigators, he shall be condemned to a penal servitude not exceeding one year or punished with a fine not exceeding ten thousand yen,
Article 21. Any person who has violated the provisions of Article 11 shall be punished with a fine not exceeding twenty thousand yen.
Article 22. Any person who has violated the provisions of Article 12 shall be condemned to a penal servitude not exceeding one year or punished with a fine not exceeding fifty thousand yen.
Article 23. Any person who has violated the provisions of Article 19 paragraph 1, shall be condemned to a penal servitude not exceeding one year or punished with a fine not exceeding ten thousand yen.
2 Any person who has violated the provisions of Article 19 paragraph 2, shall be punished with a fine not exceeding five thousand yen.
Supplementary Provisions:
1. This Law shall come into force as from the day of enforcement of the Law for Partial Amendment to the Land Ledger Law (Law No.227 of 1950).
2. A person who makes it his business on the effective date of this Law to conduct such investigation or survey or follow such procedures for report, in respect to land or houses, as is required for registration in the land ledger or the house ledger shall be regarded as an Investigator until September 30, 1952, in the application of this Law.
3. A person who comes under any of the following items on or before March 31, 1951, and who is recognized as having suitable knowledge and ability to be an Investigator through the examination of the Chief of the Legal Affairs Bureau or the District Legal Affairs Bureau on or before June 30 of the same year, shall be qualified for an Investigator regardless of the provisions of Article 3:
(1) A person who has a practical experience of more than seven years in investigation, survey or procedures for report in respect to lands or houses;
(2) A person who has studied subjects concerning survey at a school corresponding to that provided for in Article 3 item (1), and who has graduated from the same school, and has more than three years'actual experience in survey.
4. Any person who takes the examination prescribed in the preceding paragraph shall pay an examination fee as provided for by Cabinet Order.
5. The Chief of the Legal Affairs Bureau or the District Legal Affairs Bureau shall, to conduct the examination prescribed in paragraph 3, ask for the opinion of the Chief of the Geographical Survey Institute of the Ministry of Construction.
6. The school in paragraph 3 item (2) shall be determined by the Attorney-General after hearing the opinion of the Minister of Education.
7. The examination for Land and House Investigators shall not be held in 1950, regardless of the provisions of Article 5 paragraph 1.
8. The Law for Establishment of the Attorney-General's Office (Law No.193 of 1947) shall partially be amended as follows:
Article 8 paragraph 3 item (8) shall be amended as follows:
(8) Matters concerning the Judicial Scrivener and the Land and House Investigator.
The following one paragraph shall be added next to "Notaries Examination Committee" in Annexed List II:
Examination Committee on Land and House Investigators |
To conduct affairs concerning the examination for Land and House Investigators. |