Agricultural Commission Law
法令番号: 法律第88号
公布年月日: 昭和26年3月31日
法令の形式: 法律

審議経過

I hereby promulgate the Agricultural Commission Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the third month of the twenty-sixth year of Showa (March 31, 1951)
Prime Minister　YOSHIDA Shigeru
Law No.88
Agricultural Commission Law
Contents
Chapter I General Provisions(Article 1-Article 3)
Chapter II City, Town or Village Agricultural Commission(Article 4-Article 20)
Chapter III To, Do, Fu or Prefectural Agricultural Commission(Article 21-Article 35)
Chapter IV Meeting(Article 36-Article 43)
Chapter V Miscellaneous Provisions(Article 44-Article 51)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose of this Law)
Article 1.　The purpose of this Law is, in order to develop agricultural productivity and rationalize agricultural management as well as to contribute to the elevation of the status of farmers, to establish in To, Do, Fu or prefecture and city, town or village the agricultural commission as an organ representing the farmers, and to set the scope of functions falling thereunder and organizations thereof.
(Establishment)
Article 2.　The city, town or village agricultural commission shall be established in a city, town or village and the To, Do, Fu or prefectural agricultural commission in To, Do, Fu or prefectures. However, in a city, town or village where, within its area, there is no land used for cultivation (hereinafter referred to as "agricultural land" ), there shall be established no city, town or village agricultural commission.
2　With respect to a city, town or village of which the area is excessively large or the acreage of agricultural land therein is excessively large or under any other specific circumstances, the mayor of city, town or village may divide the same into two or more areas to establish a city, town or village agricultural commission in each area, but only when he has obtained the approval of the governor of To, Do, Fu or prefecture.
3　With respect to a city, town or village of which an agricultural land within its area is excessively small and which may be specified by Cabinet Order, the mayor of city, town or village may be authorized not to establish a city, town or village agricultural commission, but only when he has obtained the approval of the governor of To, Do, Fu or prefecture. In this case, matters coming under the function of a city, town or village agricultural commission shall be carried out by the mayor of city, town or village.
4　The governor of To, Do, Fu or prefecture shall, in giving the approval of par.2 or the preceding paragraph, hear beforehand the opinion of the To, Do, Fu or prefectural agricultural commission.
5　The governor or To, Do, Fu or prefecture shall give public notice of the name of the city, town or village concerned as well as the name and area of each agricultural commission when he has given the approval of par.2, and the name of the city, town or village concerned when he has given the approval under par.3.
(Bearing of Expenses)
Article 3.　Expenses necessary for city, town or village agricultural commissions and To, Do, Fu or prefectural agricultural commissions (including those for the conference of the delegates of city, town or village agricultural commissions) shall be borne by the State within the limit of budgetary appropriations for each fiscal year;provided, however, that those, for optional intermediations in private disputes at the request of the disputants with regard to the use of agricultural lands, etc. as may be effected by a city, town or village agricultural commission or To, Do, Fu or prefectural agricultural commission shall be borne by the city, town or village or To, Do, Fu or prefecture.
CHAPTER II City, Town or Village Agricultural Commission
(Organization)
Article 4.　A city, town or village agricultural commission shall be composed of commission members.
2　The members shall be of part-time service.
(Chairmanship)
Article 5.　A city, town or village agricultural commission shall have a chairman.
2　The chairmanship shall be filled by a person elected by mutual vote of the members.
3　The chairman shall preside over the affairs of the commission and represent the commission.
4　The chairman shall be of part-time service.
5　If and when the chairman is prevented from discharging his duties, a person elected by mutual vote of the members shall act for him.
6　The city, town or village agricultural commission may, if and when it concludes the chairman to be inadequate in carrying out its functions, remove him from office on voting.
(Functions)
Article 6.　The city, town or village agricultural commission shall dispose of the following matters with regard to lands, objects or rights within the area of the city, town or village concerned (as for a commission established under the provision of Art.2 par.2, the area of such commission;hereinafter the same):
(1)　Establishing and maintaining of owner-farmers falling under its authority by the Owner Farmer Establishment Special Measures Law (Law No.43 of 1946) and other laws and orders;
(2)　Adjustment of the utilization of agricultural, grass or pasture land, or firewood and charcoal forest (hereinafter referred to as "agricultural land, etc." ) falling under its authority by the Agricultural Land Adjustment Law (Law No.67 of 1938), the Law for Conciliation as to Tenancy (Law No.18 of 1924) and other laws and orders;
(3)　Exchange and consolidation of agricultural lands falling under its authority by the Land Improvement Law (Law No.195 of 1949) and other laws and orders, and matters incidental thereto.
2　The city, town or village agricultural commission may dispose of the following matters:
(1)　Intermediation and prevention of disputes concerning the utilization of agricultural land, etc.;
(2)　Rendering of services in the exchange and consolidation of agricultural land, etc. and the improvement of the conditions of agricultural land, etc.
3　The city, town or village agricultural commission may make a recommendation to the mayor of city, town or village in laying down an overall program concerning the matters listed below and in executing it or respond to the inquiry of the mayor of city, town or village:
(1)　Development, improvement, conservation of agricultural land as well as promotion of productive conditions and extensive utilization of lands;
(2)　Improvement of agricultural practices and agricultural production;
(3)　Processing, marketing and handling of agricultural and dairy products;
(4)　Rationalization of agricultural management and betterment of farmers'living conditions.
(Members by Election)
Article 7.　Members of the city, town or village agricultural commission, their quorum being fifteen (15) in number, shall be elected by those having the right to vote from among those having eligibility for election.
(Right to Vote and Eligibility for Election for Members, etc.)
Article 8.　Any person of twenty years of age or more who lives in the area of a city, town or village and who is specified below shall have the right to vote and eligibility for election for members of the city, town or village agricultural commission concerned:
(1)　Those engaged in cultivating agricultural land of one tan or more in To, Fu or prefecture, of three tan or more in Hokkaido;
(2)　Relatives or their spouses living together with the person of the preceding item (excluding those whose operation days in cultivation have been regarded by the city, town or village agricultural commission as not reaching the days as may be determined by Ministerial Ordinance).
2　The age of the preceding paragraph shall be computed as of the date of decision of the electors'list as for the right to vote and of the date of election as for eligibility for election.
3　The acreage of agricultural land of par.1 item (1) shall, as for the agricultural land which has the acreage registered in the land ledger, be such acreage (if the city, town or village agricultural commission has concluded it exceedingly unreasonable, and set it in another way;such acreage), and as for the agricultural land which has not the acreage registered in the land ledger, be such acreage as may be set by the city, town or village agricultural commission.
4　No member and staff of the election administration commission, voting-overseer, ballot-counting overseer and election chairman shall become a candidate for member of the city, town or village agricultural commission within the area concerned during his term of office.
5　No judge, auditor of the Board of Audit, policeman, member of the Public Safety Commission and police official shall become a candidate for member of a city, town or village agricultural commission during his term of office.
(Administration of Election)
Article 9.　Businesses in connection with the election for members of a city, town or village agricultural commission shall be under the control of the election administration commission of city, town or village.
(Electors'List)
Article 10.　The election administration commission of city, town or village shall, in accordance with the provisions of Cabinet Order and based upon the application by those as provided for in Art.8 par.1, investigate election qualifications of the latter as of December 1 of each year and prepare the electors'list for members of the city, town or village agricultural commission.
2　The election administration commission of city, town or village may, if the application under the preceding paragraph has not been field or there is any mistake or omission in the application under the same paragraph, prepare or correct ex officio the electors'list.
3　Name, address, date of birth of electors and the acreage of agricultural londs which they are operating cultivation and other necessary statements shall be entered on the electors'list. However, with respect to the elector as prescribed in Art.8 par.1 item (2), name and date of birth, and other necessary matters shall suffice.
4　The provision of Art.8 par.3 shall apply mutatis mutandis to the case under the preceding paragraph.
(Application of the Public Offices Election Law with Necessary Modifications)
Article 11.　The provisions of Art.8 (Exception concerning the Specified Areas), Art.11 par.1 (Those who Have neither the Right to Vote nor Eligibility for Election), Art.17 (Polling Districts), Art.18 pars.1, 3 and 4 (Ballot-counting Districts), Art.19 par.2 (Use of the Abstract of Electors'List), Arts.22 to 25 inclusive (Inspection, Establishment, etc. of Electors'List), Art.30 (Re-preparation of Supplementary Electors'List), Art.33 pars.1 to 4 inclusive (Date of Common Election), Art.34 (Date of Other Elections), Chapter VI excluding the provision of Art.40).(Votes), Chapter VII (Counting of Ballots), Chapter VIII (Election Meeting), Art.86 pars.1 to 3 inclusive, pars.7 and 8 (Notification, etc. of Candidacy by Candidate for Public Office), Art.90 Retirement of Public Servant for Candidacy), Art.91 (Case Where One Is Regarded as Having Resigned Candidacy due to His Aquirement of the Status of Public Servant), Chapter X, (excluding the provision of Art.104)(Persons Elected), Art.110 par.1 (Reelection), Art.111 (Notice in Case of Vacancy of Members), Art.112 pars.1, 5 and 6 (Filling Vacancy in the Assembly Membership), Art.113 par.1 (By-election), Art.115 par.1 (Combined Election), Art.116 (General Election in Case of There Being No Members or Persons Elected), Art.129 (Period of Election Campaign), Art.130 (Establishment of the Election Office and its Notice), the main clause of Art.131 par.3 (Number of Election Offices), Arts.132 to 138 inclusive (Limitation in Establishing Election Offices, etc., Prohibition of Election Compaign by the Persons Engaging in the Election Business, House-to-House Visits), Arts.161 to 163 inclusive (Individual Election Speech Meeting), Art.166 (Prohibition of Making a Speech at Specified Buildings or Facilities), Art.178 (Restriction of Salutary Acts after the Day of Election), Chapter XV (excluding the provisions of Arts.204,208,210 and 212)(Actions), Chapter XVI'(excluding the provisions of Art.235 par.2 Art.236 par.2, Art.243 items (1) to (9) in clusive, Art.244, Arts.246 to 250 inclusive, Art 251 par.2 and Art.253 par.1)(Penal Provisions) and Art.272 par.1 (Orders, etc. concerning Enforcement) and the provisions of pars.4 and 5 of the Supplementary Provisions of the Public Offices Election Law (Law No.100 of 1950) shall apply mutatis mutandis to the election for members of a city, town or village agricultural commission except those parts relating to elections for members of the House of Representatives, the House of Councillors and the Board of Education chiefs of local public bodies and members of To, Do, Fu or prefectural assemblies. In this case, of the provisions of the same Law listed in the left column of the following table, those listed in column (A) shall read as listed in column (B):(A)(B)
Art.11 par.1 item (3)
laws
the Agricultural Commission Law (Law No.88 of 1951)
Art.17 pars.1 and 2,
district of city, town or village
the area of city, town or village agricultural commission
Art.18 par.1|Art.18 par.3
the city, town or village
Art.19 par.2
the preceding paragraph
Art.10 par.1 of the Agricultural Commission Law
Art.22 par.1
November 5
January 20 of the following year
Art.25 par.1
December 20
March 5 of the following year
Art.25 par.2
December 19 of the following year
March 4 of the year after next
Proviso to Art.34 par.2
two thirds
one-half (1/2)
Art.34 par.3
election which caused the election to be held
election which necessitated the said election to be held or the validity of release from office specified in Art.14 of the Agricultural Commission Law
Art.62 par.2 (inclusive of the case where this applies mutatis mutandis in Art.76)
ten (10)
five (5)
Art.68 par.1 item (2)
Art.87 (Prohibition of Double Candidacy), Art.88 (Restriction on Candidacy by the Persons Engaged in the Election Business), or Art.89 (Restriction on Candidacy of Public Servants)
Art.8 par.4 or 5 of the Agricultural Commission Law, or Art.102 par.2 (Restriction of Political Activities) of the National Public Service Law (Law No.120 of 1947)
Art.90
the preceding Article
Art.8 par.4 or 5 of the Agricultural Commission Law or Art.102 par.2 of the National Public Service Law
Art.91
Art.88 (Restriction on Candidacy by Persons Engaged in the Election Business) or Art.89 (Restriction on Candidacy of Public Service Personnel)
Art.97 par.2
from among the persons, if any, who obtained the ballots under the provision of the proviso to Art.95 par.1 but did not become the person elected in the case where the causes mentioned in Art.109 (Re-election) item (5) or (6), have happened within three months after the date of election, or the persons if any, who obtained the ballots but did not become the person elected under application of the provision of Art.95 par.2 (Case of a Tie)
in the case where these causes have happened after three months have elapsed since the date of election|from among the persons who have obtained the ballots under the provision of the proviso to Art.95 par.1, but did not become the person elected in the case where the causes mentioned in Art.109 (Re-election) item (5) or (6) have happened
Art.112 par.1
within three months from the date of the election of the member concerned while there are persons who obtained the ballots but did not become the person elected in accordance with the provisions of the proviso to Art.95 par.1 (Minimum Number of Ballots to be Obtained), or in case where a vacancy happens after three months from the date of the election of the member concerned while there are persons who obtained the ballots but did not become the person elected under application of the provisions of Art.95 par.2, (Case of a Tie)|while there are persons who have obtained the ballots under the provision of the proviso to Art.95 par.1, but did not become the person elected
Art.110 par.1 item (3),
one-sixth (1/6)
two-fifths (2/5)
Art.113 par.1 item (5)
Art.111 par.1 item (2)
the chairman of the assembly of the local public body concerned
the chairman of a city, town or village agricultural commission
Art.220 par.3,
the chairman of the assembly concerned
Art.254
Art.115 par.1 item (3)
the same local public body concerned
the city, town or village agricultural commission concerned
Art.135
the person mentioned in Art.88 (Restriction on Candidacy by Persons Engaged in Election Business)
those listed in Art.8 par.4 of the Agricultural Commission Law
Art.161 par.2
necessary furnishings shall be furnished
the use of such facilities shall be approved
Art.241 item (2)
Art.135
Art.135 which applies mutatis mutandis in Art.11 of the Agicultural Commission Law
Art.251 par.1,
crimes mentioned in this Chapter (excluding the crimes of Art.245 (Violation of Restrictions on Deeds of Greeting after the Day of Election), Art.246 (Violation of Regulations concerning Incomes and Payments for Election Campaign), items 2 to 9 inclusive, Art.248 (Violation of Restrictions on Contributions) and Art.249 (Violation of Restrictions on Soliciting and Requesting for Contributions))
crimes mentioned in Chapter XVI (excluding the crimes provided for in Art.245) which applies mutatis mutandis in Art.11 of the Agricultural Commission Law
Art.254
Art.252 par.1
crimes mentioned in this Chapter (excluding the crimes of Art.240 (Violation of Restrictions concerning Election Offices, Resting Places, etc.), Art.242 (Violation of Report on Establishment of Election Office), Art.244 (Violation of Various Restrictions concerning Election Campaign......2) and Art.245 (Violation of Restrictions on Deeds of Greeting after the Day of Election))
crimes mentioned in Chapter XVI (including the cases where this applies mutatis mutandis in the Agricultural Commission Law and other laws)
Art.272 par.1
the enforcement of this Law
the election for members of a city, town or village agricultural commission
(Members Appointed)
Article 12.　The mayor of city, town or village may, besides those elected, appoint members, up to five in number, of learning and experience with respect to matters falling under the function of a city, town or village agricultural commission.
2　The mayor of city, town or village may not make the appointment under the preceding paragraph, with respect to any person other than those whom a majority of the members elected has recommended.
(Dismissal of Members Elected)
Article 13.　The provisions of Art.127 pars.1, 3 and 4 (Dismissal of Assembly Members Having No Eligibility) and Art.128 (Time of Dismissal) of the Local Autonomy Law (Law No.67 of 1947) shall apply mutatis mutandis to members of a city, town or village agricultural commission who have been elected. In this case, in Art.127 par.1 of the same Law, "Art.11 or Art.252 of the Public Offices Election Law" shall read "Art.11 par.1 or Art.252 of the Public Offices Election Law which applies mutatis mutandis in Art.11 of the Agricultural Commission Law" , and in par.3 "Art.117" shall read "Art.39-9 of the Agricultural Commission Law" .
(Request for the Release of the Members from Office)
Article 14.　Any person who has the right to vote for members of a city, town or village agricultural commission may, according to what may be determined by Cabinet Order, by obtaining the consent of one-half or more of those having the right to vote for members of the city, town or village agricultural commission, request the election administration commission of city, town or village for the release from office of all members of the city, town or village agricultural commission who have been elected.
2　Upon the request under the provision of the preceding paragraph, the election administration commission of city, town or village shall give without delay public notice to that effect, and also notify the fact to the governor of To, Do, Fu or prefecture, the mayor of city, town or village, and the chairman of the city, town or village agricultural commission.
3　In case the public notice under the preceding paragraph has been made, the members against whom the request under par.1 was made shall be relieved of their position on the day on which the said public notice has been made.
4　No request for the release from office of members as provided for in par.1 may be made within six months from the day of the general election for those members;provided, however, that the same shall not apply to the case where all of the members have been elected under the provision of Art.100 par.4 of the Public Offices Election Law which applies mutatis mutandis in Art.11.
5　The number of one-half as specified in par.1 shall be one-half of those registered in the electors'list which has been prepared under the provision of Art.10 par.1 as of the day of decision thereof, and the public notice to that effect shall be made by the election administration commission of city, town or village as soon as the electors'list has been decided.
6　The provision of the main clause of Art.42 par.1 (Registration in the Electors'List and Voting) of the Public Offices Election Law shall apply mutatis mutandis to the consent or request under par.1 and the provisions of Art.202 pars.1 and 3 (Filing of Objections and Appeals regarding the Validity of Elections), Art.203 (Lawsuits regarding the Validity of Elections), Arts.213 to 216 inclusive (Disposal of Actions), Art.219 (Application of Lawsuit Provisions to Election Lawsuits) and Art.220 (Information concerning Election Lawsuits, and Transmittal of Certified Copy of Judgement) of the same Law shall apply mutatis mutandis to the validity of the release from office as prescribed in pars.1 to 3 inclusive. In this case, in Art.202 par.1 of the same Law, "the day of the election" shall read "the day of the public notice under Art.14 par.2 of the Agricultural Commission Law" , and in Art.220 par.3, "the chairman of the assembly concerned" shall read "the chairman of the said city, town or village agricultural commission" .
(Term of Office of Members)
Article 15.　The term of office of members who have been elected shall be two years counting from the day of the general election. However, it shall be counted from the day following the day of the expiration of the term of office of the predecessors if they remained in office until the day of the expiration of their term of office in the case where a general election due to the expiration of the term of office was held prior to the day of the expiration of the term of office of the members of a city, town or village agricultural commission, and, if all the predecessors ceased to exist after the date of election, from the day following the day they ceased to exist.
2　Any member filling a vacancy shall remain in office during the remainder of this predecessor's term of office.
3　Any member elected shall, with the exception of his release from office provided for in the preceding Article and of the dissolution under the provisions of Art.19, still perform his duty even after the expiration of the term of office until his successor takes up his post.
4　Any member who has been appointed in accordance with the provision of Art.12 par.1 shall be in office up to the day on which the term of office of those elected by the general election expires (in case all of the members elected lose their posts, up to that day).
(Resignation of Membership)
Article 16.　Any member may resign his post for cause subject to the consent of the city, town or village agricultural commission.
(Dismissal of Appointed Member)
Article 17.　The mayor of city, town or village shall dismiss any member appointed in accordance with the provision of Art.12 par.1, whom the chairman has requested to be dismissed.
2　The chairman shall, in making the request under the preceding paragraph, obtain the consent of a majority of the members elected.
(Compensations, etc. for Members)
Article 18.　The ctiy, town or village shall pay compensations for members of the city, town or village agricultural commission and repay them for outlays necessary for the latter's performing duties.
(Dissolution)
Article 19.　The governor of To, Do, Fu or prefecture may, if a city, town or village agricultural commission has violated the provisions of laws and orders in administering matters listed in Art.6 par.1 item (1) or (2), order dissolution of the said city, town or village agricultural commission.
2　The governor of To, Do, Fu or prefecture shall, in ordering dissolution of a city, town or village agricultural commission in accordance with the provision of the preceding paragraph, hear beforehand the opinion of the To, Do, Fu or prefectural agricultural commission.
(Clerks)
Article 20.　The city town or village agricultural commission shall have clerks.
2　The fixed number of clerks shall be set by bylaw.
3　The city, town or village agricultural commission shall appoint clerks.
4　Clerks shall engage in the business of the commission under the direction of the chairman.
CHAPTER III To, Do, Fu or Prefectural Agricultural Commission
(Organization)
Article 21.　The To, Do, Fu or prefectural agricultural commission shall consist of a chairman and members.
2　The chairman and members shall be of part-time service.
(Chairmanship)
Article 22.　The chairmanship of To, Do, Fu or prefectural agricultural commission shall be filled by the governor of To, Do, Fu or prefecture.
2　The provisions of Art.5 par.3, and Art.152 par.1 (Acting for Chief in Duties) on the Local Autonomy Law shall apply mutatis mutandis to the To, Do, Fu or prefectural agricultural commission.
3　In the event of any absence or inability to perform his duties on the part of both the chairman and the person acting for him under the provision of Art.152 par.1 of the Local Autonomy Law which applies mutatis mutandis in the preceding paragraph, such member as may be appointed in advance by the chairman shall act in his place.
(Functions)
Article 23.　The To, Do, Fu or prefectural agricultural commission shall administer the matters listed in Art.6 par.1 with respect to lands, objects or rights within the area of To, Do, Fu or prefecture concerned.
2　The To, Do, Fu or prefectural agricultural commission may administer the matters listed in Art.6 par.2.
3　The To, Do, Fu or prefectural agricultural commission may make proposals to the governor of To, Do, Fu or prefecture or reply in compliance with inquiries made by the latter with regard to the matters as enumerated below:
(1)　Laying down and executing of an over-all program with regard to the matters listed in each item of Art.6 par.3;
(2)　Recommendations, etc. made by the governor of To, Do, Fu or prefecture, in order to adjust the laying down and executing to overall programs under Art. par.3 carried on by cities, towns and villages;
(3)　Agricultural experiments and researches as well as popularization services.
(Members by Election)
Article 24.　The provision of Art.7 shall apply mutatis mutandis to the To, Do, Fu or prefectural agricultural commission.
(Right to Vote and Eligibility for Election for Members, etc.)
Article 25.　Any member of a city, town or village agricultural commission (excluding those appointed in accordance with the provision of Art.12 par.1) shall have the right to vote for members of the To, Do, Fu or prefectural agricultural commission established in To, Do, Fu or prefecture governing the city, town or village where such city, town or village agricultural commission is established.
2　Any person eligible for election for members of a city, town or village agricultural commission shall be eligible for election for members of the To, Do, Fu or prefectural agricultural commission established in To, Do, Fu or prefecture governing the city, town or village where the said city, town or village agricultural commission is established.
3　The provisions of Art.8 pars.2, 4 and 5 shall apply mutatis mutandis to the election for members of the To, Do, Fu or prefectural agricultural commission.
(Electoral Districts)
Article 26.　Members of the To, Do, Fu or prefectural agricultural commission shall be elected in each electoral district.
2　The governor of To, Do, Fu or prefecture shall determine the electoral districts under the preceding paragraph and the number of members to be elected in such electoral districts after consulting with the election administration commission of To, Do, Fu or prefecture, and make a public notice thereof.
3　The electoral district to which electors belong, of the election for members of the To, Do, Fu or prefectural agricultural commission shall be determined according to the domiciles of electors.
(Administration of Election)
Article 27.　The election administration commission of To, Do, Fu or prefecture shall administer businesses concerning the election for members of the To, Do, Fu or prefectural agricultural commission.
2　The Minister of Agriculture and Forestry and the National Election Administration Commission shall direct and supervise the election administration commissions of To, Do, Fu and prefectures with respect to the businesses as mentioned in the preceding paragraph, and, if they deemed any disposition effected by the latter to be ultra vires of in violation of laws and orders, may rescind or suspend such disposition.
(Electors'List)
Article 28.　In carrying out the election for members of the To, Do, Fu or prefectural agricultural commission, the election administration commission of To, Do, Fu or prefecture shall prepare the electors'list for members of the To, Do, Fu or prefectural agricultural commission for electoral districts and exhibit it for public inspection at places designated thereby.
2　In the electors'list under the preceding paragraph, their full names and the name of the city, town or village agricultural commission to which they belong and other necessary matters shall be entered.
(Polling Districts)
Article 29.　The election administration commission of To, Do, Fu or prefecture shall determine polling districts for the election for members of the To, Do, Fu or prefectural agricultural commission and give a public notice thereof.
(Ballot-counting Districts)
Article 30.　The ballot-counting districts of the election for members of the To, Do, Fu or prefectural agricultural commission shall correspond to the areas of the electoral districts.
2　The election administration commission of To, Do, Fu or prefecture may set up several ballot-counting districts by dividing the area of an electoral district, if it deems especially necessary to do so.
3　In the case of the preceding paragraph, the election administration commission of To, Do, Fu or prefecture shall give a public notice thereof.
(Application of the Public Offices Election Law with Necessary Modifications)
Article 31.　The provisions of Art.8 (Exception concerning the Specified Areas), Art.19 par.2 (Use of the Abstract of Electors'List), Art.22 par.2 (Notice of Places of Exhibition of Electors'List), Art.23 (Raise of Objection), Art.24 (Institution of Dissatisfaction), the proviso to Art.25 par.2 (Corrections of Electors'List), Art.27 par.8 (Prescription of the Period concerning the Preparation of List), Art.30 (Repreparation of Supplementary Electors'List), Art.33 pars.1 to 4 inclusive (Date of Common Election), Art.34 (Date of Other Elections), Chapter VI (excluding the provisions of Art.40 and Art.57 par.2)(Votes), Chapter VII (Counting of Ballots), Chapter VIII (Election Meeting), Art.86 pars.1 to 3 inclusive, pars.7 and 8 (Notification, etc. of Candidacy by Candidate for Public Office), Art.87 par.1 (Prohibition of Double Candidacy), Art.90 (Retirement of Public Servant for Candidacy), Art.91 (Case Where One Is Regarded as Having Resigned Candidacy due to His Acquirement of the Status of Public Servant), Chapter X (excluding the provision of Art.104)(Persons Elected), Art.110 par.1 (Reelection), Art.111 (Notice in Case of Vacancy of Members), Art.112 pars.1, 5 and 6 (Filling Vacancy in the Assembly Membership). Art.113 par.1 (By-election), Art.115 par.1 (Combined Election), Art.116 (General Election in Case of There Being No Members or Persons Elected), Art.129 (Period of Election Campaign), Art.130 (Establishment of the Election Office and its Notice), the main clause of Art.131 par.3 (Number of Election Offices), Arts.132 to 138 inclusive (Limitation in Establishing Election Offices, etc., Prohibition of Election Campaign by the Persons Engaging in the Election Business, House-to-House Visits), Arts.161 to 163 inclusive (Individual Election Speech Meeting), Art.166 (Prohibition of Making a Speech at Specified Buildings or Facilities), Art.178 (Restriction of Salutary Acts after the Day of Election), Chapter XV (excluding the provisions of Arts.204,208,210 and 212)(Actions), Chapter XVI (excluding the provisions of Art.235 par.2, Art.236 par.2, Art.243 items (1) to (9) inclusive, Art.244, Arts.246 to 250 inclusive, Art.251 par.2 and Art.253 par.1)(Penal Provisions) and Art.272 par.1 (Orders, etc. concerning Enforcement) of the Public Offices Election Law shall apply mutatis mutandis to the election for members of the To, Do, Fu or prefectural agricultural commission, exclusive of those portions governing elections for members of the House of Representatives, the House of Councillors and the Board of Education, chiefs of local public bodies and members of city, town or village assemblies. In this case, of the provisions of the same Law listed in the left column of the following table, those listed in column (A) shall read as listed in column (B):(A)(B)
Art.19 par.2
the preceding paragraph
Art.28 par.1 of the Agricultural Commission Law
Art.30 par.1,
election administration commission of city, town or village
election administration commission of To, Do, Fu or prefecture
Art.37 par.2,
Art.38 par.1,
Art.61 par.2,
Art.71
Proviso to Art.34 par.2
two thirds
one-half (1/2)
Art.34 par.3
election which caused the election to be held
election which necessitated the said election to be held or the validity of release from office specified in Art.32 of the Agricultural Commission Law
Art.37 pars.2 and 5,
the right to vote in the election concerned
the right to vote in the election for members of the city, town or village agricultural commission
Art.61 pars.2 and 5,
Art.75 pars.3 and 5
Art.38 pars.1 and 2,
electors'list
electors'list for city, town or village agricultural commission members
Art.62 pars.1 and 10,
Art.86 par.2
Art.49 par.1 item (1)
outside the area of a city or county where the voting district which he belongs to is located (in the case of a person who engages in a duty relating to an election, outside the area of the voting district which he belongs to)
outside the area of the polling district to which he belongs
Art.49 par.1 item (2)
outside the area of a city or county where the voting district which he belongs to is located
Art.62 par.2 (including the case where this provision applies mutatis mutandis in Art.76)
ten (10)
five (5)
Art.68 par.1 item (2)
Art.87 (Prohibition of Double Candidacy), Art.88 (Restriction or Candidacy by the Persons Engaged in the Election Business) or Art.89 (Restriction on Candidacy of Public Servants)
Art.8 par.4 or 5 of the Agricultural Commission Law which applies mutatis mutandis in Art.25 par.3 of the same Law or Art.102 par.2 of the National Public Service Law
Art.90
the preceding Article
Art.8 par.4 or 5 of the Agricultural Commission Law which applies mutatis mutandis in Art.25 par.3 of the same Law, or Art.102 par.2 of the National Public Service Law
Art.91
Art.88 (Restriction on Candidacy by Persons Engaged in the Election Business) or Art.89 (Restriction on Candidacy of Public Service Personnel)
Art.97 par.2
from among the persons, if any, who obtained the ballots under the provision of the proviso to Art.95 par.1 but did not become the person elected in the case where the causes mentioned in Art.109 (Re-election) item (5) or (6), have happened within three months after the date of election, or the persons if any, who obtained the ballots but did not become the person elected under application of the provision of Art.95 par.2 (Case of a Tie) in the case where these causes have happened after three months have elapsed since the date of election
from among the persons who have obtained the ballots under the provision of the proviso to Art.95 par.1, but did not become the person elected in the case where the causes mentioned in Art.109 (Re-election) item (5) or (6) have happened
Art.112 par.1
within three months from the date of the election of the member concerned while there are persons who obtained the ballots but did not become the person. elected in accordance with the provisions of the proviso to Art.95 par.1 (Minimum Number of Ballots to be Obtained), or in case where a vacancy happens after three months from the date of the election of the member concerned while there are persons who obtained the ballots but did not become the person elected under application of the provisions of Art.95 par.2, (Case of a Tie)|while there are persons who have obtained the ballots under the provision of the proviso to Art.95 par.1, but did not become the person elected
Art.110 par.1 item (2)
becomes two or more...... However, when even one member becomes lacking in the case of constituencies where the fixed number of members is one;
exceeds one-half......;
Art.113 par.1 item (4)|exceeds two (2) persons...... However, when it reaches one (1) in a constituency in which the fixed number of the member to be elected is one (1);|exceeds one-half......;
Art.111 par.1 item (2)
the chairman of the assembly of the local public body concerned
the chairman of the To, Do, Fu or prefectural agricultural commission
Art.220 par.3,
the chairman of the assembly concerned
Art.254
Art.115 par.1 item (3)
the same local public body concerned
the To, Do, Fu or prefectural agricultural commission concerned
Art.135
the persons mentioned in Art.88 (Restrictions on Candidacy by Persons Engaged in Election Business)
persons listed in Art.8 par.4 of the Agricultural Commission Law which applies mutatis mutandis in Art.25 par.3 of the same Law
Art.161 par.2
necessary furnishings shall be furnished
the approval shall be given for their use
Art.241 item (2)
Art.135
Art.135 which applies mutatis mutandis in Art.31 of the Agricultural Commission Law
Art.251 par.1,
mentioned in this Chapter (excluding the crimes of Art.245 (Violation of Restrictions on Deeds of Greeting after the Day of Election), Art.246 (Violation of Regulations concerning Incomes and Payments concerning Election Campaigns), items 2 to 9 inclusive, Art.248 (Violation of Restrictions on Contributions) and Art.249 (Violation of Restrictions on Soliciting and Requesting for Contributions))
mentioned in Chapter XVI which applies mutatis mutandis in Art.31 of the Agricultural Commission Law (excluding the crimes under Art.245)
Art.254
Art.252 par.1
the crimes mentioned in this Chapter (excluding the crimes of Art.240 (Violation of Restrictions concerning Election Offices, Resting Places, etc.), Art.242 (Violation of Report on Establishment of Election Office), Art.244 (Violation of Various Restrictions concerning Election Campaign......2) and Art.245 (Violation of Restrictions on Deeds of Greeting after the Day of Election))
the crimes mentioned in Chapter XVI (including the cases where this applies mutatis mutandis under the Agricultural Commission Law and other laws)
Art.272 par.1
the enforcement of this Law
the election of members of the To, Do, Fu or prefectural agricultural commission
(Request for the Release of Members from Office)
Article 32.　Any person having the right to vote for members of a city, town or village agricultural commission may, according to what may be determined by Cabinet Order, with the consent of one-half or more of those having the right to vote for members of the city, town or village agricultural commission in the same electoral district with him, request the election administration commission of To, Do, Fu or prefecture for the release from office of all members of the To, Do, Fu or prefectural agricultural commission who have been elected in the said electoral district.
2　The provisions of Art.14 pars.2 to 6 inclusive shall apply mutatis mutandis to the case under the preceding paragraph. In this case, in par.2 of the same Article, "the governor of To, Do, Fu or prefecture, the mayor of city, town or village, and the chairman of the city, town or village agricultural commission" shall read "the governor of To, Do, Fu or prefecture" , in pars.2 and 5 of the same Article, "the election administration commission of city, town or village" shall read "the election administration commission of To, Do, Fu or prefecture" , and in par.6 of the same Article "and Art.220" shall read "and Art.220 pars.1 and 2 and the former part of par.3" .
(Technicians)
Article 33.　The To, Do, Fu or prefectural agricultural commission may have technicians, if it is especially necessary to do so in order to study and discuss the matters specified in Art.23 par.3.
2　The technicians shall be named by the governor of To, Do, Fu or prefecture upon the request of the To, Do, Fu or prefectural agricultural commission.
3　The technicians shall be of part-time service.
(Application of the Provisions concerning the City, Town or Village Agricultural Commission with Necessary Modifications)
Article 34.　The provisions of Arts.12, 13, 15 to 18 inclusive, Art.19 par.1 and Art.20 shall apply mutatis mutandis to the To, Do, Fu or prefectural agricultural commission. In this case, in Arts.12 and 17, "mayor of city, town or village" shall read "governor of To, Do, Fu or prefecture" , in Art.18, "city, town or village" shall read "To, Do, Fu or prefecture" , in the same Article, "members" shall read "members and technicians" , and in Art.19 par.1, "The governor of To, Do, Fu or prefecture" shall read "The Minister of Agriculture and Forestry" .
(Conference of Delegates of City, Town or Village Agricultural Commissions)
Article 35.　The governor of To, Do, Fu or prefecture may, if he deems it necessary, when so requested by the To, Do, Fu or prefectural agricultural commission, call a conference of delegates of city, town or village agricultural commissions with regard to a specified area to study and discuss such matters under Art.6 par.3 or Art.23 par.3 and related to the said area as may be deemed necessary by the To, Do, Fu or prefectural agricultural commission and ask it for reporting its opinion to the To, Do, Fu or prefectural agricultural commission.
2　The delegates conference under the preceding paragraph shall consist of a chairman and delegates named for each commission from among the members by city, town or village agricultural commissions within the same area.
3　The governor of To, Do, Fu or prefecture shall name the chairman from among his personnel or the delegates under the preceding paragraph.
4　The governor of To, Do, Fu or prefecture shall, other than those provided for in the preceding two paragraphs, determine necessary matters concerning the organization of the city, town or village agricultural commissions'delegates conference, after hearing the opinion of the To, Do, Fu or prefectural agricultural commission.
CHAPTER IV Meeting
(Call of Meeting)
Article 36.　The meeting of city, town or village agricultural commission or To, Do, Fu or prefectural agricultural commission (hereinafter referred to as "commission" ) shall be called by the chairman. However, the meeting to be held for the first time after the general election for members of a city, town or village agricultural commission shall be called by the mayor of the city, town or village.
2　The chairman shall call a meeting, when so requested by one-third or more of the incumbent members with a written statement clarifying the items for deliberation in the meeting.
(Essentials of Meeting)
Article 37.　No meeting of commission shall be opened unless there are present a majority of the incumbent members who have been elected.
2　The governor of To, Do, Fu or prefecture may, when he deems it urgently necessary to cause a commission to administer matters listed in Art.6 par.1, open the meeting of commission regardless of the provision of the preceding paragraph.
(Method of Decision)
Article 38.　Proceedings of a commission shall be decided by a majority of the members present. In the case of a tie, the decision shall be made by the chairman.
(Restrictions on Participation in Proceedings)
Article 39.　No member of a commission shall participate in the proceedings related to matters involving himself or his relatives or their spouses who are living with him. However, in consequence of that, if and when the meeting cannot be opened in accordance with the provision of Art.37 and the governor of To, Do, Fu or prefecture deems it reasonable to cause it to administer the matters concerned, this shall not apply.
(Presence of Tenant Officers, etc. at the Commission)
Article 40.　The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture may cause any tenant officer, local tenant officer or any other personnel concerned to attend a commission to deliver their opinion with respect to the matters listed in Art.6 par.1 or 2.
(Meeting Open to the Public)
Article 41.　The meeting of a commission shall be open to the public.
(Minutes)
Article 42.　The chairman shall make the minutes of meeting and exhibit the same for public inspection.
(Rules of Meeting)
Article 43.　The commission shall lay down matters concerning the meeting of the commission expect as otherwise provided for by laws and orders.
CHAPTER V Miscellaneous Provisions
(Prohibition of Holding of Additional Offices)
Article 44.　No concurrent holding of a membership of the city, town or village agricultural commission and that of the To, Do, Fu or prefectural agricultural commission may be allowed.
2　No concurrent holding of a membership of the To, Do, Fu or prefectural agricultural commission and that of the To, Do, Fu or prefectural assembly shall be allowed.
(Reports, Investigations, etc.)
Article 45.　The commission may request any owner, cultivator or other interested persons of agricultural land, etc. to present himself at, or to furnish necessary reports with, the commission and cause any member or clerk to trespass upon agricultural land, etc. for necessary investigation, if indispensable for carrying out its functions.
2　Any member or clerk who trespasses for investigation in accordance with the provision of the preceding paragraph shall carry an identification card with him so as to show it to persons concerned, if so requested.
3　The right of trespass and investigation under the provision of par.1 shall not be construed as an authorization for the search of crimes.
4　Traveling expenses shall be granted in accordance with the provisions of by-laws for those who have presented themselves at the commission upon the request of the latter under the provision of par.1.
(Inspection of Public Books, etc.)
Article 46.　Members and clerks of a commission may request free of charge any registry office or office of city, town or village for inspection or copying of books and documents necessary for carrying out the functions of the commission.
(Cooperation of Agencies Concerned)
Article 47.　The Minister of Agriculture and Forestry, the governor of To, Do, Fu or prefecture and the mayor of city, town or village shall, when requested by a commission with regard to the latter's functions, make every possible effort in giving advice and data and in offering other necessary cooperations.
(Reconsideration and Rescission of Resolutions)
Article 48.　The governor of To, Do, Fu or prefecture may, if any resolution (including decision, settlement and determination;hereinafter the same in this Article) of a commission is in contravention of laws and orders or exceedingly unreasonable, order the reconsideration thereof to the commission by giving reasons therefor. However, this shall not apply to the case where sixty (60) days have elapsed counting from the day on which the resolution was made.
2　If and when the resolution of the city, town or village agricultural commission under the provision of the preceding paragraph is still in contravention of laws and orders or exceedingly unreasonable, the governor of To, Do, Fu or prefecture may rescind the resolution through the consultation with the To, Do, Fu or prefectural agricultural commission.
3　If and when the resolution of the To, Do, Fu or prefectural agricultural commission under the provision of par.1 is still in contravention of laws and orders or exceedingly unreasonable, the governor of To, Do, Fu or prefecture may request the Minister of Agriculture and Forestry for the rescission thereof.
4　The provision of the proviso to par.1 shall apply mutatis mutandis to the preceding two paragraphs.
5　The Minister of Agriculture and Forestry may, upon the request under the provision of par.3, if he deems it reasonable, rescind the resolution. However, this shall not apply to the case where sixty (60) days have elapsed counting from the day on which the request was made.
(Confirmation of Disposition to be Rescinded)
Article 49.　The commission shall, if it intends to rescind the disposition concerning the matters listed in Art.6 par.1, obtain in advance a confirmation of the governor of To, Do, Fu or prefecture that the disposition concerned is to be rescinded.
(Special Instances in Case of Change in Boundaries)
Article 50.　When, in case any abolition, establishment, separation or annexation of city, town or village is carried out, the area a new city, town or village has come to include that of any city, town or village agricultural commission established in the city, town or village existent heretofore, the said city, town or village agricultural commission shall continue to exist as the city, town or village agricultural commission of the new city, town or village.
2　When, in case any change in boundaries of city, town or village is carried out, new city, town or village agricultural commissions are to be established in a city, town or village which has come to include in its area the whole or a part of that of other city, town or village in consequence of the change in boundaries, making their respective areas out of the former area of that city, town or village, and the area of each city, town or village agricultural commission existent hitherto in such area as has come to belong to that city, town or village, the hitherto existent city, town or village agricultural commission shall remain as the city, town or village agricultural commission for the corresponding area.
3　In the case of the preceding two paragraphs, the governor of To, Do, Fu or prefecture shall make a public notice to that effect.
(Special Instances in the Case of Special Wards, etc.)
Article 51.　The provisions concerning city, town or village of this Law shall apply to a special ward in case there is any special ward, to a ward in the case of a city under Art.155 par.2 (a city where wards are set up) of the Local Autonomy Law, and to the association in case there is any Whole-Affairs-Association or Office-Affairs-Association.
Supplementary Provisions:
1　The Law shall come into force as from the day of its promulgation.
2　In case, at the time of the enforcement of this Law, there is any city, town or village where district agricultural land commissions have been set up in accordance with the provision of Art.17-(2) par.3 of the Agricultural Land Adjustment Law as prior to the amendment by the Law for Adjustment of Relevant Laws and Orders Consequent to the Enforcement of the Agricultural Commission Law (Law No.89 of 1951), it shall be deemed that city, town or village agricultural commissions are set up in the city, town or village concerned, making their areas out of the areas of the said district agricultural land commissions in accordance with the provisions of Art.2 par.2.
3　Until the To, Do, Fu or prefectural agricultural commission is established by an election for To, Do, Fu or prefectural agricultural commission to be held for the first time after the enforcement of this Law, in Art.2 par.4 "the To, Do, Fu or prefectural agricultural commission" shall read "the To, Do, Fu or prefectural agricultural land commission" .
4　With respect to the election for city, town or village agricultural commission to be held for the first time after the enforcement of this Law, in Art.8 par.3 (including cases where this provision applies mutatis mutandis in Art.10 par.4) and Art.8 par.1 item (2), "city, town or village agricultural commission" shall read "city, town or village agricultural land commission (including district agricultural land commissions)" .
5　The day of the election under the preceding two paragraphs shall be fixed by Cabinet Order. The day, however, shall be within five months counting from the day of the promulgation of this Law as to the city, town or village agricultural commission, and within six months as to the To, Do, Fu or prefectural agricultural commission.
6　The date and term for preparation, public inspection, claiming for correction and decision as well as establishment of the electors'list for members of the city, town or village agricultural commission available for the election under par.4 shall be fixed by Cabinet Order, regardless of the provisions of Arts.10 and 11.
7　In the fiscal year 1951-52, no electors'list for the members of the city, town or village agricultural commission under the provisions of Art.10 other than the electors'list tinder the preceding paragraph, shall be prepared.
8　As regards the ballot-counting witnesses as prescribed in Art.62 of the Public Offices Election Law which applies mutatis mutandis in Arts.11 and 31 (including cases where this provision applies mutatis mutandis in Art.76 of the same Law), in the right column of the tables of Arts.11 and 31 "five (5)" shall read "three (3)" until March 31, 1952.
9　Until the day on which the city, town or village agricultural commission is established by the election under par.4 (as for a city, town or village having no city town or village agricultural commission in accordance with the provision of Art.2 par.3, the day of the public notice under par.5 of the same Article), functions of the city, town or village agricultural commission under the provision of Art.6 par.3 shall be carried out by the city, town or village agricultural adjustment commission of the said city, town or village (including district agricultural adjustment commission;hereinafter the same);and until the day on which the To, Do, Fu or prefectural agricultural commission is established by the election under par.3, functions of the To, Do, Fu or prefectural agricultural commission under the provisions of Art.23 par.3 items (1) and (2) shall be carried out by the To, Do, Fu or prefectural agricultural adjustment commission of To, Do, Fu or prefecture concerned.
10　The provisions of Arts.12 to 24 inclusive and Art.27 of the Food Maintenance Special Measures Law (Law No.182 of 1948) and the orders issued thereunder shall be still effective until the day of the preceding paragraph, within the scope necessary for carrying out of the functions under the preceding paragraph by city, town or village agricultural adjustment commissions or To, Do, Fu or prefectural agricultural adjustment commissions, regardless of the provision of the main clause of par.3 of the Supplementary Provisions of the salve Law.
11　Those who are clerks of city, town or village agricultural land commissions (including district agricultural land commissions), city, town or village agricultural adjustment commissions, To, Do, Fu or prefectural agricultural land commissions or To, Do, Fu or prefectural agricultural adjustment commissions, on the day before the day on which city, town or village agricultural commissions or To, Do, Fu or prefectural agricultural commissions are established due to elections under par.3 or 4 shall respectively become clerks hired in city, town or village agricultural commissions in accordance with the provision of Art.20 par.1, or clerks hired in To, Do, Fu or prefectural agricultural commissions in accordance with the provision of Art.20 par.1 which applies mutatis mutandis in Art.34, on the day of the establishment of city, town or village agricultural commissions or To, Do, Fu or prefectural agricultural commissions.
Prime Minister　YOSHIDA Shigeru
Minister of Agriculture and Forestry　HIROKAWA Kozen