(Purpose of this Law)
Article 1. The purpose of this Law is, in order to maintain and develop the productive power of agriculture, forestry and fisheries, to accommodate any of persons engaged in agriculture, forestry and fisheries with the long-term loans at low rate of interest.
(Loaning of Funds)
Article 2. In order to attain the purpose mentioned in the preceding Article, the Government may, within the budgetary limit for each fiscal year, in accordance with the provisions of Cabinet Order, loan the funds specified in the following items to any person or juridical person engaged in agriculture, livestock, sericulture, forestry, fisheries or salt making (hereinafter referred to as "farmers, forestrymen and fishermen" ):
(1) Funds necessary for improvement, creation or rehabilitation of agricultural lands or pasture lands;
(2) Funds necessary for afforestation;
(3) Funds necessary for development or rehabilitation of forest-roads;
(4) Funds necessary for repair or rehabilitation of fishing ports;
(5) Funds necessary for improvement, creation or rehabilitation of salt-fields;
(6) Funds necessary for creation, rehabilitation or acquisition of facilities available for joint use by farmers, forestrymen and fishermen.
(Conditions of Loaning)
Article 3. The rate of interest of loans to be accommodated under the provision of the preceding Article (hereinafter referred to as "loans" ) shall be determined by Cabinet Order within the limit of the following table, and payment period and unredeemed period shall be determined by the competent Ministers within the limit of the following table:
Kind of loan |
Rate of interest per annum |
Payment period |
Unredeemed period |
Maximum |
Minimum |
(1)Funds necessary for improvement, creation or rehabilitation of agricultural lands and pasture lands |
|
|
|
|
(a) Enterprise subsidized with public works expenses |
7% |
6% |
15 yrs. |
5 yrs. |
(b) Others |
5.5% |
4.5% |
15 yrs. |
3 yrs. |
(2)Funds necessary for afforestation |
|
|
|
|
(a) Enterprise subsidized with public works expenses |
7% |
6% |
20 yrs. |
5 yrs |
(b) Others |
5% |
4% |
20 yrs. |
5 yrs. |
(3)Funds necessary for development or rehabilitation of forest-roads |
|
|
|
|
(a) Enterprise subsidized with public works expenses |
8% |
7% |
15 yrs. |
1 yr. |
(b) Others |
6.5% |
5.5% 15% |
15 yrs. |
1 yr. |
(4)Funds necessary for repair or rehabilitation of fishing ports |
7% |
6% |
15 yrs. |
3 yrs. |
(5)Fund necessarry for improvement, creation or rehabilitation of salt-fields |
|
|
|
|
(a) Enterprise subsidized under the Law concerning Subsidy for Disaster Rehabilitation Work Expenses for Salt-fields, etc.(Law No.257 of 1950) |
8% |
7% |
15 yrs. |
5 yrs. |
(b) Others |
6.5% |
5.5% |
15 yrs. |
3 yrs. |
(6)Funds necessary for creation, rehabilitation or acquisition of facilities available for joint use by farmers, forestrymen and fishermen |
8% |
7% |
15 yrs. |
1 yr. |
2 The maximum of loans for an enterprise subsidized with public work expense and enterprise subsidized under the Law concerning Subsidy for Disaster Rehabilitation Work Expenses for Salt-fields, etc.(Law No.257 of 1950) shall be the amount corresponding to 80% of the amount left after deducting the subsidy to be appropriated therefor from the expenses necessary for the same enterprise and the maximum of loans for other enterprises shall be the amount corresponding to 80% of the expenses necessary therefor.
3 Loans shall be repair by yearly installments. Any borrower or the fund (including general successors;hereinafter the same) may, however, repay the loans prior to maturity.
4 The Government may, in case of falling under any of the following items, claim to a borrower at any time to repay the loans at a time, irrespective of the provision of the preceding paragraph:
(1) If a borrower is delinquent in repaying the loans;
(2) If a borrower (including the members in the case of a juridical person) has used the loans for other purposes than that of the loaning;
(3) Besides those mentioned in each of the preceding items, if a borrower has violated any of the conditions of the loaning contract without any justifiable reason.
5 The Government shall, when it loans the fund, order a borrower to offer security for repayment. However, the Government may exempt a borrower from offering security if it deems it very difficult for him to offer a security.
6 The Government may, in case any borrower of the fund has met with great difficulty in repayment of principal and interest due to any disaster or any other special circumstances, change the loaning conditions or payment method of principal and interest in arrears.
(Restrictions on Use of Loans)
Article 4. No borrower of the fund shall be allowed to use the loan for any purpose other than that which is specified in the loaning.
2 In order to prevent the loan from being used for the purpose other than that which is specified in the loaning, the Government may, as occasion demands, take an appropriate measure for loaning such as direct delivering of funds to the person engaged in carrying out the works with the loan.
(Entrusting of Business, etc.)
Article 5. The Government may entrust the Central Co-operative Bank for Agriculture and Forestry or any other banking institutions designated by the competent Ministers with the business, such as acceptance and screening of the application for loan, loaning of funds, and collection of the principal and interest, as well as with the other business in connection with loaning and collection of loans. However, this shall not apply to the final decision of loaning.
2 In case the Government intends to entrust a part of business pursuant to the provision of paragraph 1, the Government shall establish, by Ministerial Ordinance, the working rules concerning entrusted business to the person who is to be entrusted with the business (hereinafter referred to as "bailee" ).
3 Any officer or personnel of any entrusted banking institution engaged in the entrusted business execution under the provision of paragraph 1 shall be deemed a personnel engaged in public service under Laws and Orders so far as the application of the penal provisions under the Criminal Code (Law No.45 of 1907) or other Laws and Orders is concerned.
4 The Central Co-operative Bank for Agriculture and Forestry may carry on business under the provision of paragraph 1 and may guarantee a liability with respect to claim of the State in connection with the loaning of funds, irrespective of the provision of Article 16 of the Central Co-operative Bank for Agriculture and Forestry Law (Law No.42 of 1.923).
(Report and Inspection)
Article 6. The Government shall, if it deems it necessary, order a borrower or a bailee to submit a report or cause its personnel to inspect the business condition or books, documents or other necessary things of a borrower or a bailee. The report or inspection, however, shall be confined only to the business carried on with the loan in the case of a borrower and to the entrusted business in the case of a bailee.
2 In case any member of the personnel intends to make an inspection under the provision of the preceding paragraph, he shall carry on his person his official identification card and show the same at the request of the person concerned.
3 No right of inspection under the provision of paragraph 1 shall be construed to have been entitled for the purpose of a crime detection.
(Competent Minister)
Article 7. The term "competent Ministers" as used in this Law, shall mean the Minister of Agriculture and Forestry and the Minister of Finance.
(Penal Provisions)
Article 8. If a borrower or an officer or personnel of any entrusted banking institution has, in contravention of the provisions of Article 6, failed to submit a report or made a false report or refused, obstructed or evaded inspection, he shall be liable to a fine not exceeding 30,000 yen.