Forest Law
法令番号: 法律第249号
公布年月日: 昭和26年6月26日
法令の形式: 法律

審議経過

I hereby promulgate the Forest Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-sixth day of the sixth month of the twenty-sixth year of Showa (June 26, 1951)
Prime Minister　YOSHIDA Shigeru
Law No.249
Forest Law
Contents
Chapter I General Provisions(Articles 1-3)
Chapter II Promotion and Supervision of Forest Management(Articles 4-24)
Chapter III Protection Facilities
Section 1 Protection Forest(Articles 25-40)
Section 2 District Equipped with Protection Facilities(Articles 41-48)
Chapter IV Use of Land(Articles 49-67)
Chapter V Forest Council(Articles 68-73)
Chapter VI Forest-owners Association and Federation of Forest-owners Associations
Section 1 General Provisions(Articles 74-78)
Section 2 Forest-owners Association
Sub-Section 1 Business(Articles 79-85)
Sub-Section 2 Members(Articles 86-102)
Sub-Section 3 Administration(Articles 103-134)
Sub-Section 4 Establishment(Articles 135-143)
Sub-Section 5 Dissolution and Liquidation(Articles 144-153)
Section 3 Federation of Forest-owners Associations(Articles 154-159)
Section 4 Registration(Articles 160-178)
Section 5 Supervision(Articles 179-185)
Chapter VII Miscellaneous Provisions(Articles (186-196)
Chapter VIII Penal Provisions(Articles 197-215)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose of this Law)
Article 1.　The purpose of this Law is to provide for forest planning, protection forest and other basic matters relating to the forests and for the institution of a cooperative organization of the forest-owners to assure the preservation and cultivation of the forests and an increase of forest productivity, in order thus to contribute to the conservation of national land and the development of the national economy.
(Definitions)
Article 2.　In this Law, "forest" means the following;provided that land used principally as agricultural or residential lots or lots of a similar nature, and the standing trees and bamboos thereon, shall be excluded:
(1)　Any land where a mass of trees and bamboos are growing and the trees and bamboos standing thereon;
(2)　Any land, other than the land under the preceding item, used for the growth of a mass of trees and bamboos.
2　In this Law, "forest-owner" means any person having a title to own and grow trees and bamboos on forest land.
3　In this Law, "national forest" means a forest owned by the State and a profit-sharing forest under the provisions of Chapter IV of the National Forest Law (Law No.246 of 1951), and "private forest" means any forest other than the national forest.
(Effect toward Successor)
Article 3.　The actions, procedures and other acts effected in accordance with the provisions of this Law and orders issued thereunder shall be effective also toward the successor of a forest-owner, person having a title to use or profit from standing trees and bamboos of the forest, or the owner or occupant of land.
CHAPTER II Promotion and Supervision of Forest Management
(Basic Forest Plan)
Article 4.　The Minister of Agriculture and Forestry shall, every five years, fix a basic forest plan for the five years period starting from April 1 of the next year with respect to the basic plan area.
2　The basic forest plan under the preceding paragraph shall see to it that the maintenance of forest production is assured and the following principles are observed, and shall promote sound forest management:
(1)　That there shall be no clearing of young stands;
(2)　That, in the case of young stands, there shall be periodic thinning as silviculturally necessary;
(3)　That, in a cut-over area subjected to clearing, reforestation shall be accomplished within two years after cutting;
(4)　That forests on steep slopes shall not be cleared.
3　The matters to be provided for in the basic forest plan shall be as follows:
(1)　Afforestation area, planting species and other matters relating to afforestation and tending of the forests;
(2)　Cutting methods and other matters relating to the cutting of standing trees and bamboos of the forests;
(3)　Establishment of forest roads and other matters relating to the transportation of forest products;
(4)　Matters relating to protection facilities;
(5)　Other matters basic to forest management.
4　The Minister of Agriculture and Forestry shall, before deciding on the basic forest plan, hear the opinion of the governor of To, Do, Fu or prefecture with respect to the current condition of the forests, matters relating to forest management, the economic situation, etc.
5　The Minister of Agriculture and Forestry may, before deciding on the basic forest plan, hear the opinion of the Central Forest Council if be so desires.
6　The Minister of Agriculture and Forestry shall, in case he has decided on the basic forest plan, notify the governor of To, Do, Fu or prefecture of this fact and make public a resume thereof without delay.
(Basic Plan Area)
Article 5.　The Minister of Agriculture and Forestry shall decide on the basic plan areas under paragraph 1 of the preceding Article by dividing the area of To, Do, Fu or prefecture principally according to watersheds after hearing the opinion of the governor of To, Do, Fu or prefecture, and taking topography and other conditions into account.
2　The Minister of Agriculture and Forestry shall, in case he has decided upon or changed the basic plan areas, make public notice thereof without delay.
(Forest Area)
Article 6.　The governor of To, Do, Fu or prefecture shall decide on the forest areas by dividing the basic plan areas located within the To, Do, Fu or prefecture concerned in compliance with the directions from the Minister of Agriculture and Forestry.
2　The governor of To, Do, Fu or prefecture shall in case he has decided upon or changed the forest areas, make public notice thereof and make a report thereof to the Minister of Agriculture and Forestry without delay.
(Forest Area Management Plan)
Article 7.　The governor of To, Do, Fu or prefecture shall, in case he has been notified of the basic forest plan in accordance with the provisions of Article 4 paragraph 6, prepare within thirty (30) days from that date a draft forest area management plan, which is based on the basic forest plan and which applies to the forest areas of the private forests, for the five years period starting from April 1 of the next year, and make public notice thereof.
2　The forest-owners, forest-owners associations and other persons interested in the forest area management plan may submit their opinions in writing to the governor of To, Do, Fu or prefecture within thirty (30) days from the date on which the draft forest area management plan under the preceding paragraph has been made public.
3　The governor of To, Do, Fu or prefecture shall decide on the forest area management plan, after taking into account the opinions under the preceding paragraph and after hearing the opinion of the To, Do, Fu or Prefectural Forest Council if be so desires, within ninety (90) days from the date on which the notification under Article 4 paragraph 6 has been given.
4　The matters to be provided for in the forest area management plan shall be as follows:
(1)　The minimum area for artificial planting, planting species, methods of planting and other matters concerning afforestation;
(2)　Weeding, timber stand improvement and other matters regarding tending;
(3)　For restricted forests (meaning the protection forests designated according to the provisions of Article 25 paragraph 1, forests in districts equipped with protection facilities designated according to the provisions of Article 41, forests on land designated according to the provisions of Article 2 of the Erosion Control Law (Law No.29 of 1897), forests on land designated according to the provisions of Article 1 of the National Park Law (Law No.36 of 1931), or those forests designated by laws and orders or forests on land designated by laws and orders which apply to private forests where the cutting of the standing trees and bamboos is restricted by such laws and orders;hereinafter the same) allowable limits of the volume of harvest cut of standing trees, the volume of thinning of standing trees and the total volume of harvest cut and thinning of standing trees, classified by timber forest, firewood and charcoal forest and by broadleaf and needleleaf trees, for each forest or group of forests;
(4)　For ordinary forests (meaning those private forests which are not restricted forests, special use forests designated according to the provisions of Article 17 paragraph 1, and forests for home use only designated according to the provisions of Article 17 paragraph 2;hereinafter the same) allowable limits of the volume of harvest cut of standing trees, the volume of thinning of standing trees and the total volume of harvest cut and thinning of standing trees, as classified by timber forest, firewood and charcoal forest and by broadleaf and needleleaf trees in the respective forest area (excluding such standing trees as belong to the age class over the maximum rotation age-class provided for by Ministerial Ordinance according to the areas and species).
(5)　Cutting methods and other matters concerning the cutting of standing trees;
(6)　Establishment of forest roads and other matters relating to the transportation of forest products;
(7)　Matters relating to protection facilities;
(8)　Other matters basic to forest management.
5　The governor of To, Do, Fu or prefecture shall, in case he has decided on the forest area management plan, make public notice thereof and make a report thereof to the Ministry of Agriculture and Forestry and also, concerning the restricted forests, communicate in writing the matters under item (5) of the preceding paragraph to the owners of such forests without delay.
6　When the forest area management plan is decided, the provisions of Article 4 paragraph 2 shall apply mutatis mutandis.
(Forest Area Working Plan)
Article 8.　The governor of To, Do, Fu or prefecture shall not only prepare a draft forest area working plan for the one year period starting from April 1 of the next year, according to the forest area of the private forests on the basis of the forest area management plan and make public notice thereof not later than October 31 every year but also send the draft plan to the mayor of city, town or village concerned with such forest areas.
2　The mayor of city, town or village shall make the draft plan sent to him in accordance with the provisions of the preceding paragraph available for inspection by the parties interested.
3　Any forest-owner or person having a title to use or profit from the standing trees and bamboos of the forest, or any other person interested in the forest area working plan may, within thirty (30) days from the date on which the draft forest area working plan under paragraph 1 has been made public state his opinion in writing to the governor of To, Do, Fu or prefecture with respect to such plan.
4　The governor of To, Do, Fu or prefecture shall, with due regard to the opinion under the preceding paragraph, decide on the forest area working plan not later than December 31.
5　The matters to be provided for in the forest area working plan shall be as follows:
(1)　Location, lot number and area of the private forests, as classified by forest-owners, other than the protection forests to be artificially planted;
(2)　Location, lot number, area and planting species of the protection forests to be artificially planted, as classified by forest-owners;
(3)　For restricted forests allowable limits of the volume of harvest cut of standing trees, the volume of thinning of standing trees and the total volume of harvest cut and thinning of standing trees, as classified by timber forest, firewood and charcoal forest and by broadleaf and needleleaf trees for such forest or group of forests;
(4)　For ordinary forest allowable limits of the volume of harvest cut of standing trees, the volume of thinning of standing trees and the total volume of harvest cut and thinning of standing trees, as classified by timber forest, firewood and charcoal forest and by broadleaf and needleleaf trees in the respective forest areas (excluding such standing trees as may belong to age-classes over the maximum rotation age-class under item (4) of paragraph 4 of the preceding Article);
(5)　Other matters necessary for forest management.
6　The governor of To, Do, Fu or prefecture shall, in case he has decided upon the forest area working plan, make public notice thereof and communicate in writing the matters under items (1) and (2) of the preceding paragraph to each forest-owner without delay.
7　When forest area working plan is decided, the provisions of Article 4 paragraph 2 shall apply mutatis mutandis.
(Appeal)
Article 9.　Any person having objection to the forest area working plan, decided in accordance with the provisions of paragraph 4 of the preceding Article, may lodge a complaint with the governor of To, Do, Fu or prefecture, as provided for by Ministerial Ordinance within twenty (20) days counting from the day on which public announcement was made.
2　The governor of To, Do, Fu or prefecture shall, upon receipt of the complaint under the provision of the preceding paragraph, take action on it and notify the complainant of the action taken, within thirty (30) days counting from the day on which the complaint was made.
3　The governor of To, Do, Fu or prefecture shall, in case he has decided that it is reasonable to change the forest area working plan, change it without delay in accordance with that decision.
(Change of Forest Plan)
Article 10.　The Minister of Agriculture and Forestry may, if he deems it difficult to execute the basic forest plan due to marked changes in the actual condition of the forests the economic situation, etc., hear in advance the opinion of the governor of To, Do, Fu or prefecture concerned regarding a partial change in the said basic forest plan;in this case the provisions of Article 4 paragraphs 4 and 5 shall apply mutatis mutandis.
2　In the case of the preceding paragraph, the Minister of Agriculture and Forestry shall notify the governor of To, Do, Fu or prefecture of the portion involved in such change and make public a resume thereof.
3　The Minister of Agriculture and Forestry may, if he deems that the forest area management plan or the forest area working plan may conflict with the basic forest plan, order the governor of To, Do, Fu or prefecture concerned to make any necessary changes in the conflicting part thereof.
4　The governor of To, Do, Fu or prefecture shall, whenever he has received a notice under the provision of paragraph 2 or the order under the provision of the preceding paragraph, pursuant thereto, change the forest area management plan or the forest area working plan within thirty (30) days counting from the day on which the said notice or order was made.
5　Before changing the forest area management plan in accordance with the provision of the preceding paragraph, the governor of To, Do, Fu or prefecture may hear the opinion of To, Do, Fu or Prefectural Forest Council, if be so desires.
Article 11.　Any forest owner may, when any marked changes have occurred in the actual conditions of the forest concerned or when a shortage of funds necessary for afforestation or seedlings makes it difficult to plant according to the matters outlined in Article 8 papagraph 5 item (1) or (2) provided for in the forest area working plan, in accordance with the procedures provided for by Ministerial Ordinance, apply to the governor of To, Do, Fu or prefecture for changes in the forest area working plan.
2　In cases where the application under the provision of the preceding paragraph has been made, the provisions of Article 9 paragraphs 2 and 3 shall apply mutatis mutandis.
Article 12.　The governor of To, Do, Fu or prefecture may, in case he deems it necessary to change the forest area management plan or the forest area working plan as the result of the designation or cancellation of a protection forest in accordance with the provisions of Article 25 paragraph 1 or Article 26 paragraph 1 or 2, or other remarkable changes in the actual conditions of the forests or the economic situation, etc., change the forest area management plan or the forest area working plan concerned as long as such changes do not conflict with the basic forest plan.
2　In the case of the preceding paragraph, the provision of Article 10 paragraph 5 shall apply mutatis mutandis.
Article 13.　The governor of To, Do, Fu or prefecture shall, in case he has changed the forest area management plan in accordance with the provisions of Article 10 paragraph 4 or paragraph 1 of the preceding Article, make without delay a public announcement of the changed parts thereof and report them to the Minister of Agriculture and Forestry, but at the same time notify the forest-owner in writing of the changed matters when such changes concern Article 7 paragraph 4 item (5) with reference to restricted forests.
2　The governnor of To, Do, Fu or prefecture shall, in case he has changed the forest area working plan in accordance with the provisions of Article 9 paragraph 3 (including the case where this applies mutatis mutandis in Article 11 paragraph 2), Article 10 paragraph 4 or paragraph 1 of the preceding Article, make without delay a public announcement of the changed parts thereof, but at the same time notify the forest-owners in writing of the changed matters when the changes concern Article 8 paragraph 5 item (1) or (2).
3　In the case of the preceding paragraph, the provision of Article 9 shall apply mutatis mutandis.
(Duty to Plant)
Article 14.　A forest-owner is obligated to establish a plantation in accordance with the matters provided for in the forest area working plan under Article 8 paragraph 5 item (1) or (2).
(Report of Cutting)
Article 15.　In case a forest-owner or person having a title to use or profit from standing trees of the forest intends to cut such standing trees as may belong to the age-classes above the maximum rotation age-class (excluding windfalls, dead standing trees and other standing trees specified by Ministerial Ordinance) under Article 7 paragraph 4 item (4), he shall submit a written report to the governor of To, Do, Fu or prefecture, as provided for by Ministerial Ordinance, not later than sixty (60) days before the cutting date. However, the same provisions shall not apply to the case where the cutting is made in accordance with other laws and ordinances and the disposition based on other laws and ordinances, or the cutting is made by the national government or To, Do, Fu or prefecture in order to put into effect the protection facilities mentioned in Article 41 or the control works prescribed in Article 1 of the Erosion Control Law.
(Permission for Cutting)
Article 16.　No forest-owner, or person having a title to use or profit from standing trees of the forest shall, unless he has obtained permission from the governor of To, Do, Fu or prefecture with respect to the matters enumerated below, cut the trees of a restricted forest or an ordinary forest (excluding windfalls, dead standing trees, standing trees the cutting of which is to be reported in accordance with the provision of the preceding Article, and other standing trees as provided for by Ministerial Ordinance);provided, however, that the case of timber stand improvement or weeding of cases provided for in the proviso to the preceding Article shall be exempted.
(1)　Location, lot number and area of forest to be cut;
(2)　Volume of standing trees to be cut by harvest cut or thinning, classified by timber forest or firewood and charcoal forest, by broadleaf trees or needleleaf trees and by species to be cut.
2　Any person who desires to get the permission of the preceding paragraph shall, as provided for by Ministerial Ordinance, submit a written application to the governor of To, Do, Fu or prefecture within thirty (30) days from the date of public notice of the forest area working plan of Article 8 paragraph 6;provided, however, that, in case the allowable limit of the volume of standing trees volume to be cut, mentioned in Article 8 paragraph 5 item (3) has been increased as the result of a change in the forest area working plan under the provisions of Article 9 paragraph 3, Article 10 paragraph 4 or Article 12 paragraph 1, he may submit another written application within thirty (30) days from the date of the public notice of Article 13 paragraph 2 with respect to such change.
3　The governor of To, Do, Fu or prefecture shall, in case the application of the preceding paragraph has been made, decide whether of give the permission or not within thirty (30) days from the expiration of the period of the same paragraph and notify the applicant concerned thereof in writing.
4　The governor to To, Do, Fu or prefecture shall not grant permission, in case he determines that cutting concerning restricted forest in the application mentioned in paragraph 2 contravenes the terms and conditions of management regarding cutting specified in the forest area management plan.
5　In the case of granting a permission concerning an ordinary forest as mentioned in paragraph 1, the governor of To, Do, Fu or prefecture shall, when he recognizes that the species to be cut in the application are not in accordance with the forest area management plan, grant permission only after changing the species to be cut.
6　In case the volume of harvest cut of standing trees, the volume of thinning of standing trees and the total volume of harvest cut and thinning of standing trees, as classified by timber forest, firewood and charcoal forest and by broadleaf and needleleaf trees, in the restricted forest or in the ordinary forest involved in the application under the provision of paragraph 2 exceeds the allowable limit (in the case of the provision to paragraph 2, the increased part thereof) of the volume of each class provided for by the forest area working plan, permission shall be determined within the limits of such allowable limit in accordance with the standards enumerated below, while taking into consideration the economic situation of the applicant concerned, the demand and supply situation of forest product and so forth;provided, however, that in the case where any special necessity exists, in the ordinary forest the cutting of a volume exceeding such allowable limit may be premitted within limits which do not conflict with the forest area management plan and not exceeding twenty (20) per cent of the allowable limit (in the case of the proviso to paragraph 2, the increased part thereof) of the volume of each class provided for by the forest area working plan:
(1)　Thinning shall be preferential to harvest cutting;
(2)　Harvest cutting, excepting clear cutting, shall be preferential to clear cutting;
(3)　Old standing trees are preferential to be cut than those of young ages;
(4)　In case the ages of standing trees for cutting are generally equal, the one which is larger in average size shall be preferential.
7　The valid period of the permission of paragraph 1 shall be the period of the forest area working plan involved in such permission;provided, however, that the beginning date of the valid period for permission based upon an application under the provision of the proviso to paragraph 2 shall be the day when the permission concerned has been given.
8　The governor of To, Do, Fu or prefecture may, in case an application has been submitted by the applicant who has obtained the permission of paragraph 1, extend the valid period of the same paragraph within the limits of not exceeding sixty (60) days.
9　In case, with respect to a forest involved in the permission of paragraph 1, a public notice to designate a protection forest or the district equipped with protection facilities in accordance with the provision of Article 33 paragraph 1 (including the case where Article 33 paragraph 1 applies mutatis mutandis under Article 44) has been made, the governor of To, Do, Fu or prefecture may cancel the permission concerned or change the contents thereof.
(Special Use Forest and Home Use Forest)
Article 17.　The governor of To, Do, Fu or prefecture may, upon the application of a forest-owner, designate his forest (excluding restricted forest), which is mainly composed of such tree species as specified by Ministerial Ordinance and is mainly used for collection of fruits and other purposes specified by Ministerial Ordinance as special use forest.
2　The governor of To, Do, Fu or prefecture may, upon application of a forest-owner, designate his forest, excluding restricted forest, which is located in the city, town or village, where the individual forest-owner or his spouse or his relatives within the second degree of relationship in the blood line dwell or in the adjacent city, town or village which shall be used for the purpose of lumber production and collection of forest products for home use only, as the home use forest with an area of less than five (5) tan provided for by Ministerial Ordinance.
3　This designation shall become null and void in case a special use forest becomes a restricted forest.
4　The designation of a home use forest shall become null and void in each of the following cases:
(1)　In case a home use forest has become a restricted forest;
(2)　In case the person who applies for designation of a home use forest has not become the forest-owner of the proposed home use forest
(3)　In case the person who applies for designation of a home use forest, his spouse and his relatives within the second degree of relationship in the blood line have removed their address entirely from the city, town or village where the home use forest is located or the adjacent city, town or village.
(Exception to Cutting Restriction)
Article 18.　A forest-owner or any other person having a title to use or profit from standing trees and bamboos of the forest may, in case he comes under either of the following cases cut the standing trees and bamboos of the forests regardless of the provisions of Article 15, Article 16 paragraph 1 and Article 31 (including the case where Article 31 applies mutatis mutandis under Article 44):
(1)　In case the person has received permission from the mayor of city, town or village, having jurisdiction over the locality of the forest, in order to comply with an urgent request in case of fire, wind or flood damage or any other extraordinary calamity;
(2)　In case the person has received permission from the governor of To, Do, Fu or prefecture, having jurisdiction over the locality of the forest, in order to remove obstacles or dangers to the road, or to electric wires or to any other facilities similar thereto and to fulfil the purposes specified by Ministerial Ordinance.
2　In case the mayor of city, town or village has granted a permission under item (1) of the preceding paragraph, he shall submit a report thereon to the governor of To, Do, Fu or prefecture within thirty (30) days from the date of the permission.
(To Lodge a Complaint, etc.)
Article 19.　Any person who is dissatisfied with the decision in Article 16 paragraph 3, or cancellation of licence or change of contents of licence in paragraph 9 of the same Article, may lodge a complaint with the governor of To, Do, Fu or prefecture according to Ministerial Ordinance within 20 days from the date of disposition. In this case, Article 9 paragraph 2 shall apply mutatis mutandis.
(Duty to Observe Forest Plan)
Article 20.　A forest-owner or any other person having a title to use standing trees in the forests or get benefit therefrom shall execute management according to the forest area management plan or forest area working plan, including the cases covered by Articles 14, 15, Article 16 paragraph 1 and Article 18 paragraph 1.
(Burning)
Article 21.　Burning of the forest and field, mountains, waste lands or any other lands, which are located near the forests and which come under the scope specified by Ministerial Ordinance shall not be done without the approval or orders, based on Ministerial Ordinance, from the mayor of city, town or village who has jurisdiction over the said forest or land. However, this shall not apply to the case where the national govornment or local public bodies engage in burning.
2　The mayor of city, town or village shall give his approval under the preceding paragraph only if the purpose of burning comes under any of the following items:
(1)　Land preparation for afforestation;
(2)　Preparation for reclamation;
(3)　Injurious insect control;
(4)　To burn a field;
(5)　Matters similar to the preceding items which are specified in Ministerial Ordinance.
3　The mayor of city, town or village shall, in case he wishes to give approval of paragraph 1 concerning state-owned forest specified in the National Forest Law or forest or land contiguous to the said forest, first obtain the approval of the chief of the Regional Forest Office who administers the said state-owned forest.
(Fire Prevention Facilities, etc.)
Article 22.　Any person who wishes to burn the forest or land mentioned in Article 21 paragraph 1, shall construct the necessary fire-prevention facilities beforehand and inform the owner or manager of standing trees or bamboos which come under the scope specified by Ministerial Ordinance and are contiguous to the forest or land that is to be burned, of his intentions.
(Regulations to Prevent Damage)
Article 23.　The To, Do, Fu or prefecture may provide for necessary matters by Regulations to prevent fire or any other damage to the forests, except for the matters coming under the preceding two Articles.
(Exception)
Article 24.　The provisions of this Chapter, except for the preceding three (3) Articles, shall not apply to the forests which are utilized for purposes of research and experiment and are so designated by the Minister of Agriculture and Forestry not to any other forests which are specified by Ministerial Ordinance.
CHAPTER III Protection Facilities
Section 1 Protection Forest
(Designation)
Article 25.　The Minister of Agriculture and Forestry may designate any forest as a protection forest if he deems it necessary to attain the objective enumerated in any of the following items:
(1)　Water-source conservation;
(2)　Prevention of the out-flowing of soil and sand;
(3)　Prevention of sand and soil slides;
(4)　Prevention of shifting of sand;
(5)　Prevention of storm, flood, tidal water, drought, snow and fog damages;
(6)　Prevention of avalanche or the falling of stones;
(7)　Fire prevention;
(8)　Forests for fish breeding;
(9)　Conservation of targets for navigation;
(10)　Public health;
(11)　Conservation of scenic beauty at places of note and historical interest.
2　The Minister of Agriculture and Forestry may raise any question to the Central Forest Council, if he intends to make the designation referred to in the preceding paragraph.
(Cancellation)
Article 26.　The Minister of Agriculture and Forestry shall, in case the reasons for designation of a protection forest no longer apply, cancel without delay the designation of protection forest with respect to the part concerned.
2　The Minister of Agriculture and Forestry may cancel the designation of a protection forest, if it has become necessary to do so in the public interest.
3　The provision of paragraph 2 of the preceding Article shall apply mutatis mutandis to the case of cancellation as referred to in the preceding two paragraphs.
(Application for Designation or Cancellation)
Article 27.　Any chief of a local public entity having an interest in such designation or cancellation of a protection forest, or any person having a direct interest in the designation or cancellation concerned, may, in compliance with the procedures as prescribed by Ministerial Ordinance, make an application in writing to the Minister of Agriculture and Forestry, for designating a forest as a protection forest or cancelling the designation of a protection forest.
2　In case of an application for the designation or cancellation of a protection forest from any person other than the governor of To, Do, Fu or prefecture under the provision of the preceding paragraph, the application shall be made through the governor of To, Do, Fu or prefecture under whose jurisdiction the forest is located.
3　The governor of To, Do, Fu or prefecture shall, in the case of the preceding paragraph, forward without delay the said application together with his written opinion to the Minister of Agriculture and Forestry. However, he may decided not to forward it if he deems that the application has not met the requirements under paragraph 1 or violated the provisions of the next Article.
Article 28.　In case the Minister of Agriculture and Forestry has decided not to designate or cancel according to the application under paragraph 1 of the preceding Article, the applicant of the same paragraph shall not make an application again under the same paragraph for the same reason unless some remarkable change has occurred in the situation on the ground.
(Public Notice, etc. of Proposed Forest for Designation as a Protection Forest or Proposed Protection Forest for Cancellation)
Article 29.　The Minister of Agriculture and Forestry shall, in case he intends, to designate a forest as a protection forest or cancel a protection forest, notify in advance the location of the proposed forest for designation as a protection forest or proposed protection forest for cancellation and other matters which may be prescribed by Ministerial Ordinance, to the governor of To, Do, Fu or prefecture under whose jurisdiction that forest is located. The same shall apply to the case where he intends to change the contents of the notification already issued.
Article 30.　The governor of To, Do, Fu or prefecture shall, upon receipt of the notification of the preceding paragraph make a public notice of the contents of that notification and put up the same at the office of the city, town or village wherein the said forest is located and at the same time shall notify the owner of the forest concerned and any person who owns a registered right with respect to the forest concerned, the contents of the notification. In this case, if the designation or cancellation of protection forest was made in accordance with an application as prescribed in Article 27 paragraph 1, notification shall be made to the applicant.
(Restriction concerning the Proposed Forest for Designation as a Protection Forest)
Article 31.　The governor of To, Do, Fu or prefecture may prohibit such acts as cutting of standing trees and bamboos or collection or digging up of soil and stones or roots of trees or reclamation or any other acts to change the shape or quality of land, by fixing a period of not more than ninety (90) days, as provided for by Ministerial Ordinance, with respect to the proposed forest for designation as a protection forest of which a public notice has been made in accordance with the provisions of the preceding paragraph.
(Presentation of Written Opinion)
Article 32.　In cases where the person referred to in Article 27 paragraph 1, when the public notice of Article 30 has been made, has any objection to the contents of that public notice, he may submit a written opinion to the Ministry of Agriculture and Forestry through the governor of To, Do, Fu or prefecture, in compliance with the procedure prescribed by Ministerial Ordinance. In this case, he shall present a written opinion to the governor of To, Do, Fu or prefecture within thirty (30) days from the date of the said public notice.
2　In case of presentation of a written opinion under the preceding paragraph, the Minister of Agriculture and Forestry shall hold a public hearing thereon.
3　The Minister of Agriculture and Forestry shall, in case he intends to hold the public hearing referred to in the preceding paragraph, notify the date and place of hearing one week before that date to the person who has submitted the written opinion, and make a public notice thereof.
4　The Minister of Agriculture and Forestry shall not designate a forest as a protection forest or cancel the designation of a protection forest unless forty (40) days have elapsed from the day of the public notice referred to in Article 30 (in case of presentation of the written opinion under paragraph 1, after completion of the public hearing under paragraph 2).
(Notification of Designation or Cancellation)
Article 33.　The Minister of Agriculture and Forestry shall, in case he makes a designation or cancellation of a protection forest, make a public notice thereof, giving the location of said forest and other matters specified by the Ministerial Ordinance, and notify the governor of To, Do, Fu or prefecture concerned.
2　The designation or cancellation of a protection forest shall come into effect through the notification under the preceding paragraph.
3　The governor of To, Do, Fu or prefecture shall, upon receipt of the notification under paragraph 1, notify the contents of the decision to any forest owner who is affected by such decision and to the applicant under the provision of Article 27 paragraph 1 in case that decision is connected with an application under the same provision.
(Restrictions on Protection Forests)
Article 34.　Within the area of a protection forest, the cutting of standing bamboos, the pasturing of livestock animals, the collection or digging up of soil and stones, or roots of trees or reclamation or any other acts to change the shape or quality of the land, shall not be made without the permission of the governor of To, Do, Fu or prefecture.
2　The governor of To, Do, Fu or prefecture shall, in case he has received an application for permission mentioned in the preceding paragraph, grant such permission except in cases where he recognizes that the act proposed in the application will be an obstacle to attaining the objectives of the designation as a protection forest.
(Compensation for Loss)
Article 35.　It shall be the duty of the national government to compensate any forest owner whose forest has been designated as a protection forest or any person having a title to use or profit from the standing trees or bamboos or the land of a protection forest, for such loss as may be ordinarily incurred from the designation as a protection forest.
(Share of Beneficiary)
Article 36.　The national government may require any local public entity or any other person who may benefit from the designation of a protection forest to share, as a whole or in part, the amount of compensation provided for in the preceding Article, within the limits of benefits accrued.
2　In the case of the preceding paragraph, the Minister of Agriculture and Forestry shall notify in writing to the person, who will share, as a whole or in part, the amount of compensation, of the amount to be shared and the date and place of payment.
3　The Minister of Agriculture and Forestry shall, in case the person notified under the preceding paragraph has failed to pay the amount under the preceding paragraph, after the lapse of a deadline, press for payment by letter, specifying therein another deadline.
4　The Minister of Agriculture and Forestry may, in case the person who has received a letter pressing for payment under the provision of the preceding paragraph, has failed to pay the shared amount on the specified deadline, collect the shared amount in accordance with procedure for disposition of arrears of national taxes.
(Mortgage Right)
Article 37.　Any person who has a preferential right, pawn right or mortgage right to the land of, or trees and bamboos standing on protection forest may exercise such right on the compensation money under the provision of Article 35;but he shall attach the compensation money prior to its payment.
(Order for Afforestation or Rehabilitation)
Article 38.　The governor of To, Do, Fu or prefecture may order any person who has violated the provisions of Article 16 paragraph 1 with regard to the protection forest or proposed forest for designation of protection forest to make any acts necessary for afforestation by fixing period and tree species or any person who has violated the provision of Article 31 or 34 to make any acts necessary for rehabilitation by fixing period.
(Establishment of Mark)
Article 39.　The Minister of Agriculture and Forestry shall, when he has designated a forest as the protection forest establish a mark indicating to that effect within the limits thereof. In that case, the forest-owner of protection forest shall not refuse or hinder from the establishing of such mark.
(Delegation of Power)
Article 40.　A part of power of Minister of Agriculture and Forestry specified in this Section may be delegated to the governor of To, Do, Fu or prefecture as provided for by Cabinet Order.
2　In cases where the power of Minister of Agriculture and Forestry provided for in Article 25 or Article 26 has been delegated in accordance with the provision of the preceding paragraph, "Central Forest Council" in Article 25 paragraph 2 (including the case where the same provision applies mutatis mutandis under Article 26 paragraph 3), shall read "To, Do, Fu or Prefectural Forest Council" .
Section 2 District Equipped with Protection Facilities
(Designation)
Article 41.　The Minister of Agriculture and Forestry may, whenever he deems it necessary for national government's effecting afforestation works and any works necessary for afforestation or maintenance of forest in order to attain such objects as enumerated in Article 25 paragraph 1 items (1) to (7) inclusive, designate a forest or a field or any other land as the districts equipped with protection facilities within the scope necessary for running such business.
2　The Minister of Agriculture and Forestry may, upon receipt of the written application for the works referred to in the preceding paragraph (hereinafter referred to as "protection facilities works" ) from the governor of To, Do, Fu or prefecture who has deemed it necessary to do that work, and, if he deems such application to be suitable, designate a forest or a field or any other land as the district equipped with protection facilities within the limits necessary for carrying out that work.
(Effective Period of Designation)
Article 42.　The effective period of the designation of district equipped with protection facilities under the provision of the preceding Article shall be the one to be fixed by the Minister of Agriculture and Forestry within the period of less than seven (7) years. However, the Minister of Agriculture and Forestry may extend that effective period by less than three (3) years, if he deems it necessary to do so.
(Cancellation)
Article 43.　The Minister of Agriculture and Forestry shall, in case the national government or To, Do, Fu or prefecture has abolished the protection facilities works, cancel without delay the designation of district equipped with protection facilities.
2　In case the national government or To, Do, Fu or prefecture has not started the protection facilities works even after lapse of one year counting from the day of the designation of district equipped with protection facilities, the designation shall become null and void at that time.
(Application Mutatis Mutandis of the Provision Respecting Protection Forest)
Article 44.　As regards the designation of district equipped with protection facilities, the provisions of Articles 29 to 33 inclusive, and Article 39, and as regards the restrictions on the district equipped with protection facilities, the provisions of Article 34 shall apply mutatis mutandis;however, in case the forest connected with the designation of the district equipped with protection facilities is a protection forest, the provisions of Articles 31 and 34, and, in case it is necessary to make urgently the protection facilities works for disaster rehabilitation, the provision of Article 32 paragraph 4 shall not apply mutatis mutandis.
(Duty of Toleration)
Article 45.　Neither owner of the land in the district equipped with protection facilities nor person having right on that land (hereinafter referred to as "the party interested" in this Section) shall refuse any acts of national government or To, Do, Fu or prefecture concerning afforestation, forestry public works and other protection facilities works to be done during the effective period of designation in the said district equipped with protection facilities and also any acts of the same concerning maintenance and management of facilities coming under protection facilities works to be done within ten (10) years after the expiration of the said effective period of designation.
2　The national government or To, Do, Fu or prefecture shall compensate to the party interested who have sustained a loss from its acts mentioned in the preceding paragraph for such loss as may be usually incurred therefrom.
(Division of Expenses)
Article 46.　The national government may cause the To, Do, Fu or prefecture which are beneficiary of the national government protection facilities works to bear one-third of the expenses required therefor.
2　The national government may grant a subsidy to the protection facilities works run by To, Do, Fu or prefecture up to the two-thirds of the amount of the expenses required therefor.
(Conversion into Protection Forest)
Article 47.　Any district equipped with protection facilities which is a forest at the time of expiration of the period effective of the designation under the provisions of Article 42 shall, excepting the one which have been already designated as protection forest be deemed to have been designated as protection forest in accordance with the provisions of Article 25 at that time and in this case public announcement and notification under the provision of Article 33 shall be deemed to have been issued.
(Exception of Application)
Article 48.　With respect to acts mentioned in Article 45 paragraph 1 to be done by national government or To, Do, Fu or prefecture in the district equipped with protection facilities, provision of Article 34, which applies mutatis mutandis under Article 44 (in case where the forest involved in the designation of the district equipped with protection facilities is a protection forest, the provision of Article 34) shall not apply.
CHAPTER IV Use of Land
(Entry Examination, etc.)
Article 49.　Any forest owner, or any person having a title to use or making profit from the standing trees and bamboos of a forest may, whenever necessary for surveying or on-the-spot-investigation regarding forest management, enter the land of others or cut standing trees and bamboos obstructing such surveying or on-the-spot-investigation with the permission of the governor of To, Do, Fu or prefecture.
2　The governor of To, Do, Fu or prefecture shall, in case he has received the application for permission in the preceding paragraph, notify the occupant of land and owner of standing trees and bamboos to that effect to offer him an opportunity to present his opinion in writing.
3　Any person who has received the permission in the preceding paragraph shall, in case he intends to enter the land of others or to cut standing trees and bamboos, notify the occupant of the said land or the owner of the said standing trees and bamboos in advance.
4　Any person who intends to make an entry or cut standing trees and bamboos in accordance with the provisions of paragraph 1 shall carry a document certifying the receipt of permission of the same paragraph and, whenever requested by the occupant of the land or the owner of standing trees and bamboos concerned, show the same to him.
5　Any person who has entered the land of others or cut standing trees and bamboos in accordance with the provisions of paragraph 1 shall compensate such loss caused therefrom.
6　In cases where any injurious insects, animals, fungi or virus seriously damaging a forest emerge or threaten to emerge, the forest-owner or any person having a title to use or profit from the standing trees and bamboos may, if he deems it necessary for the extermination, or prevention against the same, enter the land of others with the permission of the governor of To, Do, Fu or prefecture;in this case, the provisions of paragraph 2 to the preceding paragraph inclusive shall apply mutatis mutandis.
(Permission of Establishment of Right of Use)
Article 50.　Any person who takes out timber, bamboo, or firewood and charcoal from a forest, or installs forest roads, timber stock yards or other facilities necessary to forest management, when he finds it necessary and adequate to use the land of others for such transportation or equipment and extremely difficult to substitute any other land therefor, may, with the authorization of the governor of To, Do, Fu or prefecture exercising jurisdiction over the said land, call on the owner of the said land (if there is other than the said owner, any person having a title to use the said land, the said person and owner) for consultation on the establishment of rights to the use thereof (hereinafter referred to as "right of use" ).
2　In case a request has been made for the permission under the provision of the preceding paragraph, the governor of To, Do, Fu or prefecture shall hear opinions from the said land owner and the person who has right other than ownership concerning the said land (hereinafter referred to as "the interested person" ) and the To, Do, Fu or Prefectural Forest Council.
3　In case the governor of To, Do, Fu or prefecture has given an authorization of paragraph 1, he shall notify the owner of the said land and the interested person to that effect and put up a notice therefor at the office of a city, town or village where the land concerned is located.
4　The person who has received the authorization mentioned in paragraph 1 may, in case it is necessary to make transportation mentioned in the same paragraph, to survey the facilities or to make on-the-spot-investigation, enter into the land of others or cut the standing trees and bamboos obstructing such surveying or on-the-spot-investigation. In this case, provision of paragraphs 3 to 5 inclusive in the preceding Article shall apply mutatis mutandis.
(Application for Arbitration)
Article 51.　In case the consultation under the provision of paragraph 1 of the preceding Article has become unsuccessful or may be impossible, the person who has been given an authorization of the same paragraph, may, in accordance with the procedures stipulated by Ministerial Ordinance, apply to the governor of To, Do, Fu or prefecture for arbitration for the establishment of the said right of use except the case where six (6) months have elapsed since the date of the authorization of the same paragraph.
(Presentation of Written Opinion)
Article 52.　In case an application mentioned in the preceding Article has been made, the governor of To, Do, Fu or prefecture, in accordance with the procedures provided for by Ministerial Ordinance, shall make public notice to that effect and notify the owner of the land and the interested person connected with the application concerned thereof to give him an opportunity to present a written opinion by appointing a period of not less than twenty (20) days.
2　The governor of To, Do, Fu or prefecture shall not arbitrate unless after the lapse of the period of the preceding paragraph.
(Arbitration)
Article 53.　In an arbitration for the establishment of the right of use the following matters shall be determined:
(1)　Location, lot number, classification and acreage of the land involved in the establishment of the right of use;
(2)　Content and continuing period of the right of use to be established;
(3)　Time of use;
(4)　Amount of compensatory money and the time and method of the payment thereof.
2　With respect to matters mentioned in items (1) and (2) in the preceding paragraph, the governor of To, Do, Fu or prefecture shall arbitrate within the scope of application and within the limit necessary for transportation or facilities in Article 50 paragraph 1.
3　The governor of To, Do, Fu or prefecture shall, in case the arbitration mentioned in paragraph 1 has been made, notify, without delay, to that effect in accordance with the procedures provided for by Ministerial Ordinance, to the applicant for the said arbitration and to the person who has received the notification mentioned in paragraph 1 of the preceding Article, and at the same time make public notice to that effect.
(Acquisition of Right of Use)
Article 54.　In case arbitration mentioned in paragraph 1 of the preceding Article has been made, the person who has made an application for arbitration shall acquire the right of use on the said land at the time of use specified in the arbitration and the right other than the right of use shall be exercised in such an extent as will not infringe the contents of the said right of use.
(Request for Expropriation)
Article 55.　In cases where the right of use has been established, when the use of land has exceeded three (3) years or the land has been transformed as the result of exercising the right of use concerned, the land owner may call on the person having right to use the land concerned for consultations on expropriation of the land concerned;in this case, when it becomes remarkably difficult as the result of the partial expropriation of the land to use the remaining land thereof for the former purpose of use, the said land owner may ask for consultation on an over-all expropriation thereof.
2　In the case of the preceding paragraph, the provisions of Article 51 and Article 52 shall apply mutatis mutandis;in this case "the person who has been given the authorization of the same paragraph" in Article 51 shall read "the person who has requested the consultation of Article 55 paragraph 1."
3　In case of the arbitration of Article 51 which applies mutatis mutandis in the preceding paragraph, it shall be decided whether the expropriation is right or not, and in case of arbitration of expropriation, the following matters shall be decided:
(1)　Location, lot number, classification, and acreage of the land to be expropriated;
(2)　Time of expropriation;
(3)　Amount of compensatory, money and the time and method of the payment thereof.
4　In case of arbitration in the preceding paragraph, provisions of Article 53 paragraphs 2 and 3 shall apply mutatis mutandis.
(Effect of Expropriation)
Article 56.　In case the arbitration of expropriation of paragraph 3 of the preceding Article has been made, the expropriator shall acquire the ownership of the land concerned at the time of expropriation designated in such arbitration and the other rights shall be extinguished.
(In Case Where the Consultation Has Been Arranged)
Article 57.　In cases where consultation has been arranged in accordance with the provision of Article 50 paragraph 1 or Article 55 paragraph 1 and the party concerned has reported the matters coming under each item of Article 53 paragraph 1 or Article 55 paragraph 3 decided in the consultation respectively, as provided for by Ministerial Ordinance to the governor of To, Do, Fu or prefecture, arbitration to establish the right of use or to expropriate is regarded as having been made in accordance with the said report.
(Compensation for Loss)
Article 58.　Any person who uses or expropriates land shall compensate the owner of land and the interested persons who have incurred a loss as the result of use or expropriation of the land for the said loss.
2　In case the value of remaining land is diminished as the result of partial use or expropriation of land or the loss is incurred with respect to the remaining land, the said loss shall be compensated.
3　In case it is necessary to make new construction, improve the construction or make annex or repairing, of such structures as passages, ditches or walls etc. or to add or remove soils on the remaining land as the result of partial use or expropriation of land, necessary expenses shall be compensated.
4　In addition to compensations in the preceding two paragraphs such loss as may usually arise on the part of owner of land or interested persons as the result of use or expropriation of land shall be compensated.
5　In case the owners of land or the interested persons have changed shape or quality of land, newly constructed, improved, annexed or repaired remarkably of structures or constructed any buildings in addition, after the receipt of notice of governor of To, Do, Fu or prefecture under the provision of Article 50 paragraph 3, the said loss may not be compensated. However, this shall not apply in case the above acts have been made with approval of governor of To, Do, Fu or prefecture in advance.
(Compensation for Loss Incurred by Abolition of Use)
Article 59.　The person who has abolished use of land for the purpose of Article 50 paragraph 1 after the receipt of notice of governor of To, Do, Fu or prefecture under the provision of Article 50 paragraph 3 shall compensate the owner of the said land or the interested persons for the loss incurred as the result of act of the above person.
2　The owner of land or the interested persons may in case arrangement of consultation with the person who has abolished the use of land, concerning compensation for loss under the provision of the preceding paragraph has become failure or such arrangement has become impossible, submit an application for arbitration to the governor of To, Do, Fu or prefecture. In this case, the provision of Article 52, Article 53 paragraph 1 item (4) and paragraph 3 shall apply mutatis mutandis.
3　In case public notice under Article 53 paragraph 3 which applies mutatis mutandis in the preceding paragraph has been made, consultation between the parties concerned is regarded as having been completed in accordance with the decision of arbitration.
(Suit)
Article 60.　Any person who is disatisfied with the matters concerning compensation for loss which is decided in the arbitration of the governor of To, Do, Fu or prefecture under the provisions of this Chapter may file suit within sixty (60) days from the day of receipt of arbitration. In this case, the person who has received authorization of Article 50 paragraph 1, owner of land or the interested persons shall be the defendant.
(Deposit)
Article 61.　Any person who uses or expropriates land, in the cases of the following items may deposit the compensatory money:
(1)　In case a recipient of the compensatory money has rejected the receipt thereof;
(2)　In case a person who uses or expropriates land without any mistake fails to confirm a due recipient of compensatory money;
(3)　In case a person who uses or expropriates land has been placed under attachment or provisional attachment of payment of compensatory money.
(Invalidity of Consultation or Arbitration)
Article 62.　In case a person who uses or expropriates land fails to pay compensator money (including deposit) by the time of payment of compensatory money the consultation or arbitration concerned shall become invalid thereafter. However, it shall not be precluded for the interested person to claim compensation for loss.
(Duty of Recovery of Status Quo)
Article 63.　In case the user of land has finished the use of land, or consultation or arbitration provided for in the preceding Article has become invalid, he shall return it by recovering it to the status quo thereof or compensating any loss incurred from not recovering it to the status quo thereof.
(Application Mutatis Mutandis of Land Expropriation Law)
Article 64.　The provisions of Articles 64 to 67 inclusive (Shifting of Bearing Risk, etc.), of Land Expropriation Law (Law No.29 of 1900) shall apply mutatis mutandis to the land involved in the use or expropriation under the provisions of this Chapter;in this case, "Article 50" in Article 66 paragraph 1, the proviso to the same Law shall read "rear part of Article 55 paragraph 1 of the Forest Law (Law No.249 of 1951)" .
(Using, etc. of the Right to Water Use)
Article 65.　The provisions of the use or expropriation of land in this Chapter shall apply mutatis mutandis to the cases of creating the right of use on the basis of the rights to water use.
(Use etc., of Structures in Water Course)
Article 66.　Any person who takes out timbers, bamboos from a forest by means of water course or install the facilities necessary to the taking out, in case the use, movement, reconstruction or elimination of others'structures in water course is necessary and adequate for the purpose of taking out or the equipment therefore and any other substitution therefor is extremely difficult, may call on with the authorization of the governor of To, Do, Fu or prefecture exercising jurisdiction over the location of the said structures, the owner (in case there is, other than the owner, any person having a title to use the structures, the said person or the owner) of structures concerned for consultation on use, movement, reconstruction or elimination of structures concerned. In this case, the provisions of this Chapter concerning the use and expropriation of land shall apply mutatis mutandis.
(Entering because of Floating Timber and Bamboo)
Article 67.　Any person who takes out timbers or bamboos from a forest by means of water course in case it is necessary for floating timbers and bamboos on water course, may enter the coastal land. In this case, loss incurred shall be compensated.
CHAPTER V Forest Council
(Establishment and Functions)
Article 68.　The Ministry of Agriculture and Forestry shall have the Central Forest Council established within it, and To, Do, Fu or prefecture shall have the To, Do, Fu or Prefectural Council established within it.
2　The Central Forest and the To, Do, Fu or Prefectural Forest Council shall report in response to the consultations from the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture on the important matters of forests.
3　The Central Forest Council and To, Do, Fu or Prefectural Forest Council may state their opinions to the administrative authorities concerned concerning the important matters on forest.
(Organization)
Article 69.　The Central Forest Council shall be composed of members.
2　The members shall be selected from among those enumerated below:
(1)　Seventeen (17) persons of learning and experience;　
(2)　Ten (10) persons of the Ministry of Agriculture and Forestry and other interested administrative agencies.　
3　The members shall be appointed by the Minister of Agriculture and Forestry with the authorization of the Prime Minister.
4　The tenure of office of the members in paragraph 2 item (1) shall be for two years, and the tenure of office of substitute shall be the remaining period of the predecessor's. However, no reappointment shall be precluded.
5　The members shall serve part-time.
Article 70.　The To, Do, Fu or Prefectural Forest Council shall be composed of members.
2　The members shall be selected from among those enumerated below:
(1)　Ten (10) persons of learning and experience;　
(2)　Five (5) persons of To, Do, Fu or prefecture and other interested administrative agencies.　
3　The members shall be appointed by the governor of To, Do, Fu or prefecture.
4　Tenure of office of members in paragraph 2 item (1), shall be for two years and tenure of office of substitute shall be the remaining period of the predecessor's. However, no reappointment shall be precluded.
5　The members shall serve part-time.
(President)
Article 71.　The presidents of the Central Forest Council and the To, Do, Fu or Prefectural Forest Council shall be respectively appointed from among those elected by the members provided for in Article 69 paragraph 2 item (1) or Article 70 paragraph 2 item (1).
2　The president shall preside over the Council business and represent the Council.
3　In case the president is under incovenient circumstances, the person who has been elected by the members of paragraph 1 shall exercise functions on his behalf.
(Expert Members)
Article 72.　The Minister of Agriculture and Forestry may, if he deems it necessary to get investigations made into special matters, establish expert members in the Central Forest Council.
2　The expert members shall serve part-time.
(Delegation to the Cabinet Order)
Article 73.　Unless otherwise provided for by this Law, the matters relating to the organization and management of the Central Forest Council and the To, Do, Fu or Prefectural Council shall be provided for by Cabinet Order.
CHAPTER VI Forest-owners Association and Federation of Forest-owners Associations
Section 1 General Provisions
(Purpose of Association)
Article 74.　The forest-owners association and federation of forest-owners associations have it as their aim to promote, through co-operative organization of forest-owners, rationalization of forest management and increased productivity of forestry and to improve the economic and social status of forest-owners.
2　The forest-owners association or federation of forest-owners associations shall serve its members or partners through its business conducted, and shall not conduct its business for purposes of profit-making.
(Name of Association)
Article 75.　The forest-owners association and federation of forest-owners association (hereinafter referred to as "association" collectively in this Section) shall use in its title the words of forest-owners association, or federation of forest-owners associations.
2　No organization other than the association shall use in its title the words of forest-owners association, or federation of forest-owners associations.
(Personality and Address of Association)
Article 76.　The association shall be a juridical person.
2　The address of the association shall be at the location of the main place of business of the association.
(Relations with the Law relating to Prohibition of Private Monopoly and Methods of Preserving Fair Trade)
Article 77.　Any member of forest-owners association shall be deemed to be a small scale tradesman under the provision of Article 24 item (1) of the same Law in so far as the application of the Law relating to Prohibition of Private Monopoly and Methods of Preserving Fair Trade (Law No.54 of 1947) is concerned. However, this shall not apply to such juridical person (excluding the association conducting the business under the provision of Article 79 paragraph 1 item (2)) whose fulltime employees exceed one hundred (100) in number (twenty (20) with regard to the juridical person whose main line of business is commerce or rendering services) or whose forest area under management exceeds three thousands (3,000) cho in acreage.
(Registration)
Article 78.　No matters to be registered in accordance with the provisions of this Law shall be set up against a third party unless they are registered.
Section 2 Forest-owners Association
Sub-Section 1 Business
(Type of Business)
Article 79.　The forest-owners association (hereinafter referred to as "association" ) may conduct any one of businesses mentioned below:
(1)　Guidance with respect to drafting of forest management plan and other forest treatment, acceptance of trust which aims to conduct treatment or management of the forest being entrusted by the members of association or to conduct management of the forest owned by the member of association, or any other business incidental thereto;
(2)　Forest management (excluding the one to be made by entrusting or by trust) and any other business incidental thereto.
2　The association which runs the business coming under the following item (1) of the preceding paragraph (hereinafter referred to as "facilities association" ) may conduct, in addition to the business mentioned in the same item of the same paragraph, the following business, whole or in part:
(1)　To loan necessary funds for the forestry to be made by the members;
(2)　To supply necessary commodities for the forestry to be made by the members;
(3)　Transportation, processing, custody or selling of forest products which are produced by the members;
(4)　Facilities concerning collection or raising of seedlings necessary for the forestry of partners;
(5)　Construction of forest roads necessary for the forestry to be made by members and other facilities for joint-use;
(6)　Establishment of firebreak, control and extermination of noxious insects, pests and diseases and the facilities concerning protection of the forests of members;
(7)　Welfare facilities for members;
(8)　Facilities concerning the education of members for the development both in forestry technique and in knowledge of association business and the facilities concerning general information to be given to members;
(9)　Conclusion of collective contract for the improvement of economic status of members;
(10)　Any business incidental to the business referred to in the preceding items.
3　No association other than the one which permits its members to make contributions shall conduct the treatment or management of forest, being entrusted by its members, or the business stated in paragraph 1 item (2).
4　No association shall refuse those other than its members to utilize forest roads and any other facilities provided for by order.
5　The association shall not be precluded from attaching any conditions such as payment of utilization fee and others even in the case referred to in the preceding paragraph. However, the facilities association shall not, with regards to those forced to bear the share under the provisions of Article 85 paragraph 1, attach on such conditions as may be harder than the ones attached on the members.
6　The association conducting the business stated in paragraph 2 item (1) may stand security for the members'repayment of the debts to the financial institutions prescribed in articles of association or may collect bills by the trust of the financial institution concerned.
7　The facilities association may let those other than its members utilize its facilities other than forest roads in pursuance of provisions of its article of association. However, the quantity in total of the business which may be utilized by those other than the members in single business year shall not exceed the quantity in total of the business utilized by the members in the same business year.
(Issuance of Warehouse Certificate)
Article 80.　The facilities association conducting the custody business referred to in paragraph 2 item (3) of the preceding Article may issue a warehouse certificate for the deposited things of members upon receiving the approval of the competent Minister.
2　The facilities association which has received the approval referred to in the preceding paragraph shall upon request of depositor deliver the warehouse certificate of the deposited things.
3　The provisions of Article 627 paragraph 2 (Application mutatis mutandis of the provisions relating to deposit receipts) and Article 628 (Return of a part of the goods deposited with the warehouse warrent) of the Commercial Code (Law No.48 of 1899) shall apply mutatis mutandis to the warehouse certificate referred to in paragraph 1.
4　The provisions of Articles 8 to 10 inclusive (Supervision of administrative authority) and Article 12 (Delegation of authority) of the Warehousing Business Law (Law No.41 of 1935) shall apply mutatis mutandis to the case of paragraph 1.
Article 81.　The warehouse certificate made by the facilities association which has received the approval referred to in paragraph 1 of the preceding Article shall bear the words of warehouse cretificate preceded by the title of the association concerned.
2　The warehouse certificate issued by association other than the facilities association shall not bear the words of forest-owners associations'warehouse certificate.
Article 82.　The period of custody of the deposited things with which the association has issued warehouse certificate shall be less than six months counting from the day of deposit.
2　The period of custody of the deposited things referred to in the preceding paragraph may be renewed within the limit of six months. However, in case the holder of certificate at the time of renewal is not a member, the renewal above shall be made so as not to jeopardize the utilization by members.
Article 83.　The provisions of Articles 616 to 619 (Rights, etc. to warehousing agency of depositor and holder of securities) inclusive and Articles 624 to 626 (Rights to deposit or auction, etc.) inclusive of the Commercial Code shall apply mutatis mutandis to the case where the facilities association has issued warehouse certificate.
(Effect of Collective Contract)
Article 84.　The collective contract referred to in Article 79 paragraph 2 item (9) shall come into force when put into in writing.
2　The collective contract under the provision of the preceding paragraph shall be effective directly to the member.
3　As for the contract which is to be concluded by members and the content of which is in violation of the criteria set forth in the collective contract referred to in paragraph 1, any part of the contract violating the criteria shall be considered as being contracted in compliance with the criteria above.
(Share)
Article 85.　The facilities association may, in case it has established, enlarged or restored a forest road, charge a part of the cost (hereinafter referred to as the share) needed for the business concerned upon those who are special beneficiaries of the carrying out of the business concerned (excluding the members of the said association), subject to the authorization of governor of To, Do, Fu or prefecture.
2　The facilities association shall, in case of applying for the authorization under the provision of the preceding paragraph, submit a written application together with a written statement indicating the work plan, detailed account of cost, sum of share borne by the beneficiaries concerning the business in question.
3　The governor of To, Do, Fu or prefecture shall, in case of giving the authorization referred to in paragraph 1, hear beforehand the opinions of those interested of the same paragraph.
Sub-Section 2 Members
(Qualifications for Members)
Article 86.　Those qualified for membership of the facilities association shall be those listed below and provided for by articles of association:
(1)　Forest owners;
(2)　Other than those enumerated in the item above, any person conducting forestry within the area of association and who is deemed proper to utilize the facilities of the association concerned.
2　Those qualified for membership of the association conducting the business under the provision of Article 79 paragraph 1 item (2)(hereinafter referred to as "production association" ) shall be such persons as listed below and provided for by articles of association:
(1)　Individuals having abode within the area of association;
(2)　Individuals making investment in kind through a forest within the area of association or a right with respect to that forest.
3　With regards to the application of the provisions of paragraph 1 item (1), any person who has relinquished his ownership by trusting a forest to the association shall be deemed the forest-owner under the same item in respect to its relation to the association concerned.
(Relations between Business of Production Association and Members)
Article 87.　More than two-thirds in number of the members of production association shall engage always full time in the business run by that association.
2　More than one-third in number of those engaged in the business run by the production association shall be the members of that association.
(Investment)
Article 88.　The association may let its members invest, as provided for by articles of association.
2　Any member of an association which lets its members invest in accordance with the provisions of the preceding paragraph (hereinafter referred to as the "capital-stock association" ) shall hold more than a single share of stock.
3　The sum of a single share of stock shall be equal for all.
4　The responsibility of a member of a capital-stock association shall be limited only to the amount of his stock.
5　More than one half in number of the shares in total of a production association shall be held by the members engaged always in the business run by that association.
6　No member shall avail himself of a set-off against the capital-stock association so far as investment is concerned.
(Transfer of Share)
Article 89.　No member of a capital-stock association shall transfer his shares unless he has obtained the approval of the association.
2　No person other than the members shall, in case he wants to receive transfer of shares, act as in the instance of adhesion.
3　Any transferee of the shares shall, so far as his shares are concerned, succeed to the rights and duties of the transferrer.
4　No member shall own the shares jointly.
(Right of Voting and Franchise)
Article 90.　Members shall have respectively single right of voting and the franchise of officers or representative. However, no member under the provision of Article 86 paragraph 1 item (2)(hereinafter referred to as the "quasi-member" ) shall have the right of voting nor the franchise.
2　Each member shall be deemed to have an equal right to voting so far as the application of Article 24 item (3) of the Law relating to Prohibition of Private Monopoly and Methods of Preserving Fair Trade is concerned, notwithstanding the provisions of the proviso to the preceding paragraph.
3　The members may use the right of voting or the franchise in writing or by proxy, as for the matters of which he was informed beforehand in accordance with the provisions of Article 113, as provided for by in compliance articles of association.
4　Any person using the right of voting or the franchise in accordance of the provisions of the preceding paragraph shall be deemed those present.
5　No proxy may act for more than five members.
6　Proxy shall submit to the association a written statement certifying his right of representation.
(Expenditure)
Article 91.　The facilities association may let the members pay the expenditure, as provided for by articles of association.
2　No member may avail himself of set-off against the association so far as the payment of the expenditure as referred to in the preceding paragraph is concerned.
(Penalty)
Article 92.　The association may let the members pay the panalty, as provided for by articles of association.
(Exclusive Contract)
Article 93.　The facilities association may conclude a contract with its members to the effect that the members can utilize exclusively a part of the facilities of the association, only during a period not exceeding one year, as provided for by articles of association.
2　The conclusion of the contract referred to in the preceding paragraph shall be on voluntary basis for members so that no facilities association may refuse its members to utilize the facilities of the association because of the member's refusing to conclude such contract.
(Freedom of Adhesion)
Article 94.　No association shall, in case those qualified for membership want to join the association, refuse their adhesion without just reason or attach to such adhesion conditions more difficult than in the case of the present members'joining the association.
(Adhesion)
Article 95.　Those who want to join an association which does not let its members invest (hereinafter referred to as "non-capital-stock association" ) shall become the members when they get the approval of the association, as provided for by articles of association (when they have completed to pay adhesion fee, in case the association provides for assessment of adhesion fee).
2　Those who want to join the capital-stock association shall become the members in case they have completed to pay the sum corresponding to the number of investment shares accepted (when they have also completed to pay the joining fee, if the association has provided for the collection of such fee) or succeeded the whole or a part of the shares of the members with the consent of the association for the joining, as provided for by articles of association.
Article 96.　The heir of a deceased member and qualified for the membership shall, in case he has applied for the joining within the period prescribed by articles of association, he deemed to have become a member at the time of the commencement of succession regardless of the provisions of the preceding Article. In that case, the heir-member shall inherit the rights and duties of the deceased partner with respect to the shares of the person succeeded.
2　In case there are several heirs to the deceased member, the provisions of the preceding paragraph shall apply only to such heir as may be chosen with the consent of the heirs.
(Freedom of Secession)
Article 97.　Any member may secede from the association at the end of the business year by making advance notice of secessional sixty (60) days before.
2　The term of the advance notice referred to in the preceding paragraph may be increased by articles of association. However, such period shall not exceed one (1) year.
(Legal Secession)
Article 98.　Any member may secede from the association because of the following reasons:
(1)　Disqualification for membership;
(2)　Death or dissolution;
(3)　Expulsion.
2　Expulsion may be made by means of the resolution of general assembly so far as any member listed below is concerned. In that case, the association shall make a notice to this effect to that member seven (7) days before the meeting day of the above general assembly and shall give the principal or his proxy an opportunity to vindicate at the general assembly:
(1)　Any member not utilizing the facilities of the association for a long time;
(2)　Any member failing to pay investment or fee or to fulfil other obligations toward the association;
(3)　Any other member coming under the items set forth by articles of association.
3　Expulsion referred to in the preceding paragraph cannot be set up against the member concerned unless the member to be expelled is notified thereof.
(Refundment of Shares of Seceder)
Article 99.　Any member of the capital-stock association may, when he has been expelled from the association, request the refundment of his shares, wholly or in part, as provided for by articles of association.
2　The shares referred to in the preceding paragraph shall be fixed in consideration of the assets of the capital-stock association at the end of the business year in which the expulsion was made.
(Prescription)
Article 100.　The right of claim as set forth in the preceding Article shall be extinguished by prescription if it is not exercised within two (2) years from the expulsion.
(Suspension of Refundment)
Article 101.　The capital-stock association may, until a member expelled therefrom pays completely his debt owed to it, suspend the refundment of the shares of such members.
(Decrease in Number of Shares)
Article 102.　The members of the capital-stock association may decrease their shares in number through the resolution of the general assembly, as provided for by articles of association.
2　In the case referred to in the preceding paragraph, the provisions of Articles 99 and 100 shall apply mutatis mutandis.
Sub-Section 3 Administration
(Matters to be Entered in Articles of Association)
Article 103.　The following matters shall be entered in the articles of association. However, this shall not apply to the matters referred to in items (6), (8) and (9) for the noncapital-stock-association which does not conduct the business referred to in Article 79 paragraph 2 items (1) to (6) inclusive and any of the business respecting forest treatment or management (hereinafter referred to as "entrusted business" ) to be made by being entrusted by members, not to the matters referred to in item (6) for other non-capital-stock association, not to the matters referred to in item (7) for a production association:
(1)　Business;
(2)　Title;
(3)　Area;
(4)　Location of business place;
(5)　Provisions concerning qualifications for membership as well as adhesion to and withdrawal from the association of members;
(6)　Sum of single share of stock, method of its payment and the maximum number of shares of stock that can be owned by a member;
(7)　Provisions concerning share of expenditure;
(8)　Provisions concerning disposition of surplus money and of loss in money;
(9)　Amount of reserve money and method of its accumulation;
(10)　Provisions concerning fixed number of officers, allotted task and election;
(11)　Business year;
(12)　Method of public notice.
2　Other than the matters referred to in the preceding paragraph, the articles of the association shall have entered therein if it provides for the term of existence of the association, such term, and, if it fixes those who make contribution in kind, their names, the property as object of contribution and its value as well as the number of shares of contribution to be given therefor.
3　The Minister of Agriculture and Forestry may fix pattern of model articles of association.
(Matters which can be Fixed by Rules)
Article 104.　The following matters may be fixed by rules except for the matters that must be provided for by articles of association:
(1)　Provisions concerning general assembly and meeting of representatives;
(2)　Provisions concerning execution of business and accounting;
(3)　Provisions concerning officers;
(4)　Provisions concerning members;
(5)　Other necessary matters.
(Fixed Number of Officers and Election)
Article 105.　The association shall have as its officers directors and auditors.
2　The fixed number of the directors shall be more that five for facilities association and more than three for production association, and the fixed number of the auditors shall be more than two for facilities association and more than one for production association.
3　The officers shall be elected at the general assembly, as provided for by articles of association. However, the officers at the time of establishment shall be elected at the inaugural meeting.
4　The election of the officers shall be made by secret ballot.
5　The ballot shall be one in number per person of the member (excluding of quasi-member;hereinafter the same in this Article).
6　One who has got majority of the ballots in consequence of the election made in accordance with the method of voting as provided for by articles of association shall be deemed an elected person.
7　Three-fifths at least for facilities association, and all, for production association, of the fixed number of the directors of the association shall be the member individuals or officers executing the business of the member juridical persons. However three-fifths at least for facilities association, and all, for production association, of the fixed number of the directors at the time of establishment shall be the individuals to become members or the officers executing the business of a juridical person to become member.
(Term of Office of Officers)
Article 106.　The term of office of the officers shall be the one to be provided for by articles of association, within the period not exceeding three (3) years.
2　The term of office of the officers at the time of establishment shall be the one to be provided for at the inaugural meeting (in case of the establishment through merger, by promoters), regardless of the provisions of the preceding paragraph. However, that term shall not exceed one (1) year.
3　In case all of the directors or auditors come not to exist, the directors or auditors relieved of their duties shall still conduct their business, except in case of re-election under the provisions of Article 117, until one at least of the successors takes office.
(Prohibition of Holding Additional Posts of Officers)
Article 107.　No auditor shall become directors (including temporary directors;hereinafter the same) or employees of the association at the same time.
(Prohibition of Becoming Officers of Those in Competitive Business)
Article 108.　No person (including person representing a juridical person, if he is a juridical person) conducting the business in substantial competition with the business conducted by the association (excluding the forestry conducted by the members of the association as well as the business conducted by the federation of which the associations concerned are composed directly or indirectly) shall become the directors, auditors of the association concerned.
(Prohibition of Self-contracting of Directors)
Article 109.　The auditors shall, in case the association concludes a contract with the directors, represent the association. As for the law-suits between the directors and the association the same shall apply thereto.
(Convocation of General Assembly)
Article 110.　The directors shall call ordinary general meeting once in each business year, as provided for by articles of association.
Article 111.　The directors may convene an extraordinary general meeting at any time, as provided for by articles of association.
2　The directors shall, in case the members (excluding the quasi-members) have requested the calling of the general meeting with the consent of more than one-fifth of the all members (excluding the quasi-members) by submitting to the directors a written statement indicating the object matters of the meeting and the reason for the calling of the meeting, call the extraordinary general meeting within twenty days counting from the day on which such request has been made.
Article 112.　In case there is no person conducting the responsibilities of a director or in case the directors do not take proceedings to call the general meeting without justifiable reason upon receipt of the request under paragraph 2 of the preceding Article, the auditors shall call the general meeting.
(Proceedings to Call General Meeting)
Article 113.　The notice of calling the general meeting shall be made by showing the object matters of the meeting above ten days before the day of the meeting in accordance with the proceedings fixed by articles of association.
(Notification or Demand to Members)
Article 114.　The notice or notification to be made to the members by the association shall be addressed to such members, dwelling-places (in case they have separately notified the association of the place where they receive the notice or notification, such place) set forth in the members'list.
2　The notice or notification under the preceding paragraph shall be deemed to have arrived at the time when such notice might arrive usually.
(Keeping and Reading of Articles of Association and other Papers)
Article 115.　The directors shall keep the articles of association, rules and minutes of the general meeting at each place of business and keep the members'list at the principal place of business.
2　In the members'list, the following matters with respect to each member shall be indicated. However, in the members'list of a non-capitalstock association, the matters referred to in items (3) and (4) need not be indicated:
(1)　Name or title and address;
(2)　Date of adhesion;
(3)　Number of shares of stock and the date of acquisition of each share of stock;
(4)　Amount of investment paid-in and the date of such payment;
(5)　In case of a quasi-member, to that effect.
3　The members and the creditors of the association may request for the reading of the papers referred to in paragraph 1.
(Submission, Keeping and Reading of the Papers concerning Settlement of Accounts)
Article 116.　The directors shall, for the noncapital-stocked association not conducting the businesses referred to in Article 79 paragraph 2 items (1) to (6) inclusive nor entrusted businesses, submit to the auditors the statement of business and the inventory, and for the other associations, the directors shall submit to the auditors the statement of business, inventory, balance sheet, profit and loss account, surplus money disposition plan or loss disposition plan, one week before the day of the ordinary general meeting, and shall keep those papers at the principal place of business.
2　The directors shall submit for approval to the ordinary general meeting the papers referred to in the preceding paragraph together with the written statement of opinion of the auditors.
3　The members and creditors of the association may request for the reading of the papers referred to in the preceding paragraph.
(Request for Replacement of Officers)
Article 117.　The members (excluding quasimembers) may request for replacement of officers through their representatives by joint signature of more than one-fifth of all the members (excluding quasi-members).
2　The request for replacement referred to in the preceding paragraph shall be made simultaneously with respect to all the directors or all the auditors. However, this shall not apply to the case of the request for replacement resulting from the violation of the laws and orders, of the action taken by administrative authority in accordance with laws and orders or the violation of the articles of association or the rules.
3　The request for replacement referred to in paragraph 1 shall be made by submitting to the directors a written statement indicating the reasons for replacement.
4　The directors shall, in case the request for replacement referred to in paragraph 1 is made, submit that request for consideration to the general meeting. In this case, the provisions of Article 111 paragraph 2 and Article 112 shall apply mutatis mutandis.
5　The directors shall, in case of submission of the written statement referred to in paragraph 3, submit that written statement or its copy to the officers coming under that request seven days before the day of meeting of the general assembly and shall give them the opportunity to vindicate at the general assembly.
6　In case the majority of those present have agreed to such request, the officer coming under the request shall be removed from office.
(Application with Necessary Modifications of Civil Code to Officers)
Article 118.　As for the directors, the provisions of Article 44 paragraph 1 (Making reparation for damage of a juridical person), Article 52 paragraph 2 (Business execution of directors), Articles 53 to 56 inclusive (Rights of representation of directors, etc.) of the Civil Code (Law No.89 of 1896) shall apply mutatis mutandis;and, as for the auditors, the provisions of Article 59 (Duties of auditors) of the same Code shall apply mutatis mutandis.
(Matters for Decision of the General Meeting)
Article 119.　The following matters shall be for decision of the general meenting:
(1)　Change in the articles of association;
(2)　Establishment, alteration and abolition of the rules;
(3)　Establishment of and change in business plan of each business year;
(4)　How to assess and collect fees;
(5)　Maximum limit of the rate of interests of loaned money;
(6)　Maximum limit of the borrowed money in each business year.
2　No change in articles of association shall come into force unless it is authorized by the administrative authority.
3　As for the authorization referred to in the preceding paragraph, the provisions of Article 139 paragraph 2 and Articles 140 and 141 shall apply mutatis mutandis.
(Proceedings in General Meeting)
Article 120.　The proceedings in general meeting shall be made by the majority of rights of voting of those present except in cases where special provisions exist by this Law, articles of association or rules;and in case the pros and cons are the same in number, the decision shall be left for the chairman.
2　The chairman shall be elected in the general meeting.
3　The chairman shall not participate in the proceedings of the general meeting as a member.
4　Those who have special interests in the resolution of the general meeting shall not participate in the resolution of the general meeting.
5　The number of votings of those who can not participate in the resolution in accordance with the provisions of the preceding two paragraphs shall not be counted into the number of votings of attendants of paragraph 1.
(Matters for Special Decision)
Article 121.　The following matters shall need the presence of more than one half of all the members (excluding the quasi-members) and the decision with the majority of more than two-thirds in number of their rights of voting:
(1)　Change in the articles of association;
(2)　Dissolution or merger;
(3)　Expulsion of the members.
(Application Mutatis Mutandis of Provisions of Civil Code and Commercial Code with respect to General Meeting)
Article 122.　The provisions of Article 64 (Matters for decision of general meeting) of the Civil Code and Article 244 (Minutes of general meeting), Articles 247 to 253 (Lawsuit for cancellation of decision, etc.) inclusive of the Commercial Code shall apply mutatis mutandis to the general meeting. In this case, "Article 62" in Article 64 of the Civil Code shall read "Article 113 of the Forest Law" , and "Article 343" in Article 247 paragraph 1 of the Commercial Code shall read "Article 121 of the Forest Law."
(Representatives'Meeting)
Article 123.　Any facilities association having more than one hundred in number of the members (excluding of the quasi-members;hereinafter the same in this Article) may set up the representatives'meeting in place of the general meeting, as provided for by articles of association.
2　The representatives shall be the members.
3　The fixed number of the representatives shall be more than one-fourth of the number in total of the members;however, in case of the facilities association with more than two hundred members (excluding the quasi-members) in total, the fixed number above may be fifty or over.
4　The provisions of Article 105 paragraphs 3 to 6 inclusive shall apply mutatis mutandis to the representatives.
5　The provisions concerning the general meeting shall apply mutatis mutandis to the representatives'meeting. However, no representatives'meeting shall elect the officers or representatives, appoint the establishment commissioner of Article 146 paragraph 1 or decide on the matters referred to in Article 121.
6　The facilities association, even in the case of the representatives'meeting being established in accordance with the provisions of paragraph 1, shall convene the ordinary general meeting prescribed in Article 110.
(Decrease in Sum of Single Share of Stock)
Article 124.　The capital-stock association shall, in case it has decided a decrease in sum of single share of stock, prepare the inventory and balance sheet within two weeks counting from the day of such decision.
2　The capital-stock association shall make public notice during the term referred to in the preceding paragraph to the effect that the creditors may raise an objection, if any, to it within a definite period, and shall notify each creditor known of that effect.
3　The definite period referred to in the preceding paragraph shall be one month or over.
Article 125.　The creditors shall, in case they have raised no objection in the definite period referred to in paragraph 2 of the preceding Article, be deemed to have recognized a decrease in the sum of single share of contribution.
2　The capital-stock association shall, in case the creditors have raised objection, make repayment or give adequate thing as security or leave adequate property in trust with a trust company or a bank running trust business with a view to making it possible for the creditors to receive repayment.
3　As for the decrease in the sum of single share of contribution of the capital-stock association, the provisions of Article 380 of the Commercial Code (Nullity of decrease in capital of company limited) shall apply mutatis mutandis thereto.
(Reserve Money and Money Carried Forward)
Article 126.　The association (excluding the capital-stock association not conducting any of the business prescribed in Article 79 paragraph 2 items (1) to (6) inclusive and entrusted business) shall accumulate a fund as a reserve money equivalent to more than one-tenth of the surplus money in each business year until that fund amounts to the sum prescribed by articles of association.
2　The sum of the reserve fund to be fixed in the articles of association under the preceding paragraph shall, so far as the non-contributed association is concerned, be not less than one half of the amount in total of contribution.
3　No reserve fund referred to in paragraph 1 shall be used except in case of making up for the loss.
4　The association shall carry forward a fund equivalent to more than one-twentieth of the surplus money in each business year to the next business year in order to use it to pay the expenses for the guiding business stated in Article 79 paragraph 1 item (1) and the business under the provision of paragraph 2 item (8) of the same Article.
(Dividend of Surplus Money)
Article 127.　No association shall pay a dividend of the surplus money until it has made up for the loss and deducted both the reserve fund stated in paragraph 1 of the preceding Article and the carried forward fund stated in paragraph 4 of the same Article.
2　The payment of dividend shall be made, for the facilities association, in proportion to the utilization amount of the association business by members or the amount of contribution paid-in, as provided for by articles of association. In this case, the rate of dividend to be made in proportion to the amount of paid-in stock shall not exceed five per cent (5%) a year.
3　The dividend of the surplus money of a production association shall be paid in proportion to the amount of the stock paid-in at a rate of less than ten per cent (10%) a year, as provided for by articles of association;and in case there is still any surplus, in proportion to the extent of the member's engaging in the business of association.
Article 128.　The capital-stock association may appropriate the surplus money to be paid as dividend to the members for the payment of investment until the members may complete to pay the investment, as provided for by articles of association.
(Standards for Financial Activities)
Article 129.　Other than those provided for in the preceding three Articles, the standards respecting sum of own-capital, idle money operation, loan of fund with which a capital-stock association shall comply, in order to deal suitably with its financial matters so as to clarify the financial relations between the association and members and to safeguard the interests of the members, shall be fixed by Cabinet Order.
(Prohibition of Acquisition of Shares of Association)
Article 130.　No capital-stock association shall acquire the shares of its members nor receive them as the object of mortgage,
(Special Exceptions to Trust Law)
Article 131.　Any member who has entrusted a forest to the facilities association (hereinafter referred to as "trust association" ) which conducts the management of a forest being entrusted by member shall become a beneficiary and have all of the profits of trust.
2　No trust association shall accept a trust from member in collaboration with others.
3　The trust association may, in case of lending money to a member who is making trust, hold a mortgage on the property entrusted by the member concerned, if necessary, in spite of the provisions of Article 22 (Restrictions on acquisition of rights by trustee) of the Trust Law (Law No.62 of 1922).
Article 132.　With respect to the trust association, the powers of a law-court as prescribed in the proviso to Article 22 paragraph 1 (Exceptions to acquisition of rights by trustee), in Article 23 (Change in control method), in Article 46 (Resignation of trustee), in Article 47 (Dismissal of trustee) and in Article 58 (Release of trust) of the Trust Law shall belong to the administrative authority.
Article 133.　The trust to the trust association shall end because of the reasons listed below in addition to reasons provided for in Article 56 (Completion of Trust) of the Trust Law:
(1)　Termination of the duties as trustee under the provisions of Article 44 (Cancellation of qualification of trustee) or Article 46 of the Trust Law;
(2)　Dismissal from office under the provisions of Article 47 of the Trust Law;
(3)　Dissolution of association (excluding the dissolution because of merger).
Article 134.　As for the trust to the trust association, the provisions of Article 7 (Benefitting by beneficiary), Article 26 (Delegation of management by trustee), Articles 41 to 43 inclusive (Supervision of court, end of duties of trustee and restriction of resignation of trustee), Article 45 (Continuance of management by trustee), Article 48 (Disposition of custodian of the court), Article 49 (Election of new trustee) and Articles 66 to 73 inclusive (Public trust) shall not apply.
Sub-Section 4 Establishment
(Sponsor)
Article 135.　The establishment of an association requires more than ten persons for the facilities association, and more than five persons for the production association as promotors from forest-owners individuals.
(Preparatory Meeting for Establishment)
Article 136.　Sponsors shall hold a preparatory meeting for establishment by working out in advance a prospectus concerning the business and location of the association and the qualification for membership therefor, and making public notice thereof together with the date and place of said preparatory meeting for establishment.
2　The public notice under the preceding paragraph shall be made at least two weeks before the day of the meeting.
Article 137.　The preparatory meeting for establishment shall decide on areas, qualification for membership and other basic matters for drafting up the articles of association, and appoint persons to engage in drawing up the articles of association (hereinafter referred to as the "committee to draw up the articles of association" ) from among those present at that meeting and qualified for membership (excluding quasi-members)(in case of a juridical person, the officers executing its business).
2　The members of the committee to draw up the articles of association shall be more than ten persons in number, for the facilities association, and more than five persons in number for the production association.
3　The proceedings of the preparatory meeting for establishment shall be determined with the consent of the majority of those listed in Article 86 paragraph 1 item (1) for facilities association, and of those listed in each item of paragraph 2 of the same Article for production association, respectively out of those present at that meeting.
(First General Meeting)
Article 138.　In cases where the committee to draw up the articles of association has drawn up the articles of association, the sponsors shall make public notice thereof, together with the time and place of the first general meeting, and hold the first general meeting.
2　The public notice under the provision of the preceding paragraph shall be made at least two weeks before the day of that meeting.
3　Approval for the articles of association drawn up by the committee to draw up the articles of association, establishment of a business program and other decision on the matters necessary for the establishment shall be made in accordance with the resolution of the first general meeting.
4　The first general meeting may amend the articles of association mentioned in the preceding paragraph. However, this shall not apply to the provisions relative to areas and the qualification for membership.
5　The proceedings of the first general meeting shall be determined with the attendance of more than one half of those qualified for membership (excluding quasi-members) who have agreed with the sponsors to the establishment thereof by the date of the said meeting and with two-thirds of their rights of voting.
6　With respect to the first general meeting, the provisions of Article 90, Article 120 paragraphs 4 and 5, and Article 244 (Minutes of general meeting) and Articles 247 to 253 inclusive (Lawsuit for cancelling resolution, etc.) of the Commercial Code shall apply mutatis mutandis. In this case, in Article 247 paragraph 1 of the Commercial Code, "Article 343" shall read "Article 121 of the Forest Law" .
(Application for Authorization of Organization)
Article 139.　After the completion of the first general meeting, the sponsors shall submit without delay the articles of association and a business program to the administrative authority and apply for authorization of the establishment of association.
2　The sponsors shall, if required by the administrative authority, submit a report on the establishment of the association.
(Authorization of Establishment)
Article 140.　Upon receipt of an application for authorization under the provisions of paragraph 1 of the preceding Article, the administrative authority shall give authorization therefor, except in cases where the formalities of establishment or the contents of the articles of association or the business program are in violation of laws and orders or actions taken by administrative authority in accordance with the laws and orders issued thereunder.
Article 141.　Upon receipt of the application for authorization under the provisions of Article 139 paragraph 1, the administrative authority shall, within two months, counting from the day on which the written application has been received, make a notification of authorization or unauthorization therefor to the sponsors.
2　In cases where the administrative authority has failed to make a notification under the preceding paragraph within the period under the same paragraph, an authorization for the establishment thereof shall be deemed to have been given at the date of expiration of the said period. In this case, the sponsors may request the administrative authority to make a certification of the authorization therefor.
3　In cases where the administrative authority has requested for submission of a report in accordance with the provisions of Article 139 paragraph 2, the period between that day and the time when such report is submitted to the administrative authority shall not be included in the period under the provision of paragraph 1.
4　The administrative authority in notifying its unauthorization shall indicate the reasons therefor in the written notification.
5　In cases where any sponsor has resorted to legal action to reverse the said unauthorization, when the law court has passed a judgement of reversion, the authorization for the establishment shall be deemed to have been given on the day on which the judicial judgement has become final. In this case, the provisions of the latter part of paragraph 2 shall apply mutatis mutandis.
(Transferring to Directors of Business)
Article 142.　In cases where the authorization for establishment has been given, the sponsors shall transfer without delay their business to the directors.
2　The directors of a capital-stock association shall, it cases where they have received the transfer provided for in the preceding paragraph, have without delay the first payment made for investment.
3　The investors in kind shall supply the whole properties as object of investment on the day of the first payment;provided, however, that, any actions necessary for setting up the establishment of or transfer of right against third person, such as registration of real estate, registration and others shall not be precluded from being taken after the creation of the association.
(Date of Formation)
Article 143.　The association shall be formed by making registration of establishment at the site of its main place of business.
Sub-Section 5 Dissolution and Liquidation
(Reason for Dissolution)
Article 144.　The association shall be dissolved for the following reasons:
(1)　Resolution of the general meeting;
(2)　Amalgamation of associations;
(3)　Bankruptcy of association;
(4)　Expiration of period of existence fixed by articles of association;
(5)　Order of dissolution pursuant to the provisions of Article 182 paragraph 1.
2　The resolution of dissolution shall not become valid without the authorization of administrative authority.
3　In cases where an application of authorization under the preceding paragraph has been made, the provisions of Article 139 paragraph 2, Articles 140 and 141 shall apply mutatis mutandis.
4　Other than the reasons enumerated in paragraph 1, the association shall be dissolved for such reason that the members (excluding quasimembers) thereof have decreased in number of less than ten persons.
5　The association shall, in case it has been dissolved in accordance with the provisions of the preceding paragraph, report without delay to the administrative authority to that effect.
(Formalities of Amalgamation)
Article 145.　In cases where any association wishes to be amalgamated with other associations, the general meeting of each association shall pass a resolution for such amalgamation.
2　The amalgamation shall be made subject to the authorization of administrative authority.
3　In cases where an application for the authorization under the preceding paragraph has been made, the provisions of Article 139 paragraph 2, Articles 140 and 141 shall apply mutatis mutandis.
4　With respect to the amalgamation of capitalstock associations, the provisions of Articles 124 and 125 shall apply mutatis mutandis.
Article 146.　In order to establish an association through amalgamation, the establishment committee members who are appointed, at the general meetings of respective associations, from among the individual members (excluding quasi-members) or, from among the officials executing the business of that juridical person who is a member, shall draw up jointly the articles of association, appoint the officials therefor and make other necessary acts for establishment.
2　In appointing the establishment committee members in accordance with the provisions of the preceding paragraph, the provisions of Article 121 shall apply mutatis mutandis.
3　With respect to the appointment of the directors out of the officers under the provision of paragraph 1, the provisions of the main clause of Article 105 paragraph 7 shall apply mutatis mutandis.
(Time of Amalgamation)
Article 147.　The amalgamation of associations shall come into effect when any association which continues to exist after amalgamation or any association to be established through amalgamation has made a registration provided for in Article 165, at the site of the main office thereof.
(Succession of Rights and Duties through Amalgamation)
Article 148.　Any association which continues to exist after amalgamation or any association established through amalgamation shall succeed rights and duties of the associations which have been extinguished through amalgamation (including rights and duties of the associations concerned, based upon permission, approval or other action taken by the administrative authority, with respect to the business run by association;and including the rights and duties related to the trust in case the association concerned is a trust association).
(Liquidator)
Article 149.　In cases where the association has been dissolved, directors shall be liquidators, except in case of dissolution resulting from amalgamation and bankruptcy;provided, however, that this shall not apply to the case where some others have been appointed at the general meeting.
(Affairs of Liquidation)
Article 150.　After their assumption of office the liquidators shall, without delay, investigate into the conditions of property of the association;and, with respect to a non-capital-stock association, draw up an inventory of the estate and, with respect to a capital-stock association, an inventory of the estate and a balance sheet, determine methods of disposing the property, and submit them for approval to the general meeting.
Article 151.　The liquidators cannot dispose of the property of the association unless they have completed to meet the obligation of the said association.
Article 152.　After the affairs of liquidation have been finished, the liquidators shall, without delay, draw up a report on the settlement of accounts and submit it for approval to the general meeting.
(Application Mutatis Mutandis of Provisions of Civil Code and the Law of Procedure in Non-contentions Matters)
Article 153.　With respect to the dissolution and liquidation of an association, the provisions of Article 73 (Juridical person under liquidation), Article 75 (Appointment of liquidator by law court) and Article 76 (Dismissal of liquidator), Articles 78 to 83 inclusive (Duties and powers, etc. of liquidator) respectively of the Civil Code, and Article 35 paragraph 2 (Jurisdiction of supervision over dissolution and liquidation of juridical person), Article 36 (Appointment of inspector), Article 37-(2)(Provisions which apply mutatis mutandis), Article 135-(25) paragraphs 2 and 3 (Hearing of opinion), Article 136 (Competent law court), Article 137 (Juridical decision on appointment and dismissal of liquidator) and Article 138 (Those disqualified for liquidators) respectively of the Law of Procedure in Non-contentions Matters (Law No.14 of 1898) shall apply mutatis mutandis. In this case, in Article 75 of the Civil Code, "the preceding Article" shall read "Article 149 of the Forest Law" .
Section 3 Federation of Forest-owners Associations
(Kind of Business)
Article 154.　The federation of forest-owners associations (hereinafter referred to as the "federation" ) may conduct, wholly or in part, the businesses listed as follows:
(1)　Guidance concerning management of forest on behalf of those constituting directly or indirectly the federation (hereinafter referred to as "belonging member" in this Section);
(2)　Lending money necessary for the business to be run by members;
(3)　Supplying commodities necessary for the business to be run by members;
(4)　Transportation, processing, custody or selling of forest products made by the belonging members;
(5)　Facilities concerning collection or raising of the seedlings necessary for the forestry to be run by the belonging members;
(6)　Establishment of forest roads and other joint use facilities necessary for forestry to be made by the belonging members;
(7)　Establishing fire-break, extermination and control of noxious insects, pests and diseases and other facilities pertaining to protection of the forests of the belonging members;
(8)　Facilities relating welfare of the belonging members;
(9)　Facilities pertaining to the education which aims at the advancement of technique concerning forestry of the belonging members as well as the advancement of the knowledge concerning forestry of the belonging members, and facilities pertaining to the submission of general informations to the belonging members;
(10)　Conclusion of collective contract for the improvement of economic status of the belonging members;
(11)　Facilities related to the guidance and liaison of the members in addition to the businesses enumerated in preceding items;
(12)　Businesses incidental to the businesses listed in each preceding item.
2　The federation shall not refuse those other than the belonging members to utilize the forest roads.
3　The federation shall not be precluded from attaching such conditions as payment of utilization fee, etc. However, the federation shall not attach to those charged with the share in accordance with the provisions of Article 85 paragraph 1 which applies mutatis mutandis under Article 159 paragraph 1, such conditions as may exceed the conditions attached to the belonging members.
4　The federation conducting the business under the provision of paragraph 1 item (2) may discount a draft on behalf of its members, guarantee any debt owed by the members to such financial institutions provided for by articles of association and collect the bills by being entrusted by the financial institutions above.
5　The federation may let those other than the belonging members utilize the facilities other than forest roads, as provided for by articles of association. However, the quantity of the business which is utilizable by those other than the belonging members in single business year shall not exceed the quantity of the business utilized by the belonging members.
(Qualifications for Membership)
Article 155.　Any person qualified for membership shall be such persons as listed below and provided for by articles of association:
(1)　Association or federation having as its area the federation's area, as a whole or in part;
(2)　Co-operative association (including the federation thereof) having as its area the federation's area, as a whole or in part and which is established in accordance with the provisions of other laws and which runs the same business as the one run by the persons in the preceding item.
(Officers)
Article 156.　Three-fifths at least of the fixed number of the directors of a federation shall be the component forest-owners (in case it is a juridical person, the officers executing its business;hereinafter the same in this Article) or the directors executing the business of the member-production-association. However, three-fifths at least of the fixed number of the directors at the time of establishment shall be the member forest-owners or component forestowners of the facilities association or federation who has agreed to the establishment, or the directors executing the business of a production association which has agreed to the establishment.
(Matters for Decision at General Meeting)
Article 157.　The following matters shall be put for decision at the general meeting:
(1)　Matters listed in each item of Article 119 paragraph 1;
(2)　Maximum limit of the sum up to which a draft may be discounted on behalf of a member.
(Sponsors)
Article 158.　In order to establish a federation, two or more in number of associations or federations shall be required to become sponsors.
(Provisions Applying Mutatis Mutandis)
Article 159.　With respect to the matters concerning the business of a federation, the provisions of Articles 80 to 85 inclusive shall, other than those provided for in Article 154, apply mutatis mutandis. In this case, in Article 80 paragraph 1, "paragraph 2 item (3) of the preceding Article" shall read "Article 154 paragraph 1 item (4)" , and in Article 84 paragraph 1, "Article 79 paragraph 2 item (9)" shall read "Article 154 paragraph 1 item (10)" .
2　With respect to the matters concerning the members of a federation, the provisions of Articles 88 to 102 inclusive shall, other than those provided for in Article 155, apply mutatis mutandis. In this case, in the proviso to Article 90 paragraph 1 "members under the provisions of Article 86 paragraph 1 item (2)(hereinafter referred to as" quasi-member ")" shall read "members under the provisions of Article 155 item (2)(hereinafter referred to as" quasi-members "in each provision which applies mutatis mutandis under Article 159)."
3　With respect to the management of a federation, the provisions of Article 103, Article 104, Article 105 paragraphs 1 to 6 inclusive (excluding the part concerning the production association in paragraph 2 of the same Article), Articles 106 to 118 inclusive, Article 119 paragraphs 2 and 3 as well as Articles 120 to 130 inclusive shall, other than those provided for in Articles 156 and 157, apply mutatis mutandis. In this case, in Article 103 paragraph 1, "the businesses listed in Article 79 paragraph 2 items (1) to (6) inclusive and the business concerning the treatment or management of forest to be made by being entrusted by the members (hereinafter referred to as the" entrusted business ")" shall read "the businesses listed in Article 154 paragraph 1 items (2) to (7) inclusive" ;and, in Article 108, "(excluding the forestry run by the members of the association concerned and the business run by such federation as may be composed directly or indirectly of the associations above)" shall read "(excluding the forestry run by the component members of that federation and the businesses run by the component association of that federation, or by federation or by the federation to which that federation belongs)" , and in Article 116 paragraph 1 or Article 126 paragraph 1. "the businesses listed in Article 79 paragraph 2 items (1) to (6) inclusive and the entrusted business" shall read "the businesses listed in Article 154 paragraph 1 items (2) to (7) inclusive" and in Article 126 paragraph 4, "the guidance business listed in Article 79 paragraph 1 item (1) and the business listed in item (8) of paragraph 2 of the same Article" shall read "the guidance business listed in Article 154 paragraph 1 item (1) and the business as listed in item (9) of the same paragraph."
4　With respect to the establishment of a federation, the provisions of Articles 136 to 143 inclusive shall, other than those provided for in the preceding Article, apply mutatis mutandis. In this case, in Article 137 paragraph 1, "those qualified for membership (excluding quasi-membership)(in cases where it is a juridical person, officers executing its business)" shall read "directors qualified for membership (excluding quasi-membership) of association or a federation" ;in paragraph 2 of the same Article, "ten persons and over for the facilities association and five persons and over for the production association" shall read "two persons or over" ;in paragraph 3 of the same Article, "the majority of those listed in Article 86 paragraph 1 item (1) for the facilities association, and the majority of those listed in each item of paragraph 2 of the same Article for the production association, out of those present" shall read "the majority of the present association or federation" ;and in the proviso to Article 90 paragraph 1 which applies mutatis mutandis under Article 138 paragraph 6, "members under the provision of Article 86 paragraph 1 item (2)(hereinafter referred to as" quasi-members ")" shall read "quasi-members" .
5　With respect to the dissolution and liquidation of a federation, the provisions of Articles 144 to 153 inclusive shall apply mutatis mutandis. In this case, in Article 144 paragraph 4, "where the members (excluding quasi-members) thereof have decreased in number to less than ten persons, as regards the facilities association, and to less than five persons as regards the production association" shall read "federation where the members (excluding quasimembers) have decreased in number to less than two persons" and in Article 146 paragraph 1, "the individual members (excluding quasimembers) or with respect to a member (excluding quasi-member) juridical person from among officials executing the business of that juridical person" shall read "member (excluding quasi-member) directors" .
Section 4 Registration
(Registration of Establishment)
Article 160.　Registration of establishment of an association or federation shall be made at the seat of its principal office within two weeks counting from the day of approval of its establishment in case of a capital-stock association or a federation which does not make its members capitalize, or in case of a capitalstock association or an association which makes its members invest (hereinafter referred to as "capital-stock federation" ) within two weeks from the day on which the first payment of investment was made.
2　The registration of establishment shall include the following matters:
(1)　Business;
(2)　Official name;
(3)　Area;
(4)　Place of business;
(5)　Value per share, method of its payment and total number of shares and total amount of paid up shares in case of a capital-stock association or capital-stock federation;
(6)　Term of duration, in case its operational term has been decided;
(7)　Names and addresses of officers;
(8)　Method of public notice.
3　The association or federation shall register the matters mentioned in the preceding paragraph at the seat of its branch office within two weeks counting from the day when the registration of establishment was made.
(Registration of Establishment of Branch Office)
Article 161.　An association or a federation, if it establishes anew a branch office after the organization thereof, shall register the establishment of the branch office at the seat of its principal office within two weeks and it shall register the matters mentioned in paragraph 2 of the preceding Article at the seat of the same branch office within three weeks;also it shall register the establishment of the branch office at the seats of other branch offices within the same period.
2　In case a new branch office is established within the boundary of the jurisdiction of a registry office holding under its authority the seat of the principal office or the other branch office, only the registration of its establishment shall be sufficient.
(Registration of Removal of Office)
Article 162.　In case an association or a federation removes its principal office, it shall make the registration of removal at the former seat within two weeks and shall register the matters as mentioned in Article 160 paragraph 2 at the new seat within three weeks;in case it removes its branch office, it shall make the registration of removal at the former seat within three weeks and shall register the matters mentioned in the same paragraph at the new seat within four weeks.
2　In case the principal office or the branch office is removed within the boundary of the jurisdiction of the same registry office, only the registration of its removal shall be sufficient.
(Registration of Alteration of Matters Registered)
Article 163.　In case any alteration is made in the matters prescribed in Article 160 paragraph 2, the registration of alteration shall be made at the seat of the principal office within two weeks and at the seat of the branch office, within three weeks.
2　The registrations of alteration of the total number of shares and the total amount of shares paid up mentioned in Article 160 paragraph 2 item (5), notwithstanding the provision of the preceding paragraph, may be made as of the close of every business year at the seat of the principal office within four weeks and at the seat of the branch office, within five weeks after the lapse of every business year.
(Registration of Dissolution)
Article 164.　In case an association or a federation is dissolved, the registration of dissolution shall be made, except in cases of amalgamation and bankruptcy, at the seat of its principal office within two weeks, and at the seat of its branch office within three weeks.
(Registration of Amalgamation)
Article 165.　In case any amalgamation happens in connection with associations or federations, the registration of alteration as regards the association or federation continuing to exist after amalgamation, the registration of dissolution as regards the association or federation dissolved by amalgamation and the registration under the provision of Article 160 paragraph 2 as regards the association or federation established by amalgamation, shall be made at the seat of its principal office within two weeks, and at the seat of its branch office within three weeks, counting from the day of the approval for amalgamation
(Registration of Liquidator)
Article 166.　Any liquidator shall, within two weeks at the seat of principal office and within three weeks at the seat of branch office, from the time when he assumes office, effect registration of his full name and address.
2　As regards the registration of alteration of the matters registered under the provision of the preceding paragraph, the provisions of Article 163, paragraph 1 shall apply mutatis mutandis.
(Registration of Completion of Liquidation)
Article 167.　When the liquidation of association or federation is completed, registration of completion of liquidation shall be made within two weeks from the day of completion of liquidation at the seat of main office and within three weeks at the seat of branch office.
(Competent Registration Office and Register-Book)
Article 168.　With respect to the registration of association or federation, a juridical affairs office or local juridical affairs office or its branch or sub-branch office having jurisdiction over the locality in which the office of the association or federation is situated, shall be in charge of the registration as its jurisdictional registry office.
2　Each registry office shall keep a register of forest-owners association or a register of federation of forest-owners associations.
(Application for Registration of Establishment)
Article 169.　The registration of an association or federation shall be made upon the joint application of all its officers.
2　The letter of application mentioned in the preceding paragraph, shall be accompanied with a document stating the articles of association and certifying the status of officers, and in case of a capital-stock association and capital-stock federation, a document stating the total number of investment and also certifying completion of the first payment of the investment.
3　Any letter of application for the registration of establishment by amalgamation shall be accompanied, besides the letters mentioned in the preceding paragraph, with a document stating that the notice has been made in accordance with the provision of Article 124 paragraph 2, which applies mutatis mutandis in Article 145 paragraph 4 (including the case where this provision applies mutatis mutandis under Article 159 paragraph 5) and in case there is any obligee raising objections, a document certifying that due performance has been effected or adequate security has been given or property has been entrusted for him.
Article 170.　The registration as prescribed in Article 160 paragraph 3 shall be effected upon application made by the directors therefor.
(Application for Registration of Establishment of New Office and Removal of Office or Alteration of Matters concerning Establishment of Association)
Article 171.　Any registration of the establishment of a new office of an association, removal of an office or other alterations in the matters mentioned in Article 160 paragraph 2 shall be effected upon the application made by the directors or liquidators therefor.
2　The letter of application for the registration mentioned in the preceding paragraph shall be accompanied with a document certifying the establishment of a new office or alteration of the matters to be registered.
3　Any letter of application for the registration of alteration by the amalgamation of capital-stock associations or capital-stock federations or decrease of the value of each share shall, besides the document mentioned in the preceding paragraph, be accompanied with a document certifying that the notice as prescribed in Article 124 paragraph 2 (including either the case where this provision applies mutatis mutandis under Article 145 paragraph 4 and Article 159 paragraph 3 or the case where the provision of Article 145 paragraph 4 applies mutatis mutandis under Article 159 paragraph 5) has been made and that in case there is any obligee insisting objections, due performance has been effected to him or adequate security has been given property has been entrusted.
(Application for Registration of Dissolution)
Article 172.　The registration of dissolution of an association or of a federation as prescribed in Article 164 shall, with the exception of the cases as prescribed in paragraph 3, be effected upon the application made by the liquidator therefor.
2　The letter of application for the registration mentioned in the preceding paragraph shall be accompanied with a document certifying the reasons for that dissolution.
3　In cases where any judicial decision ordering the dissolution of an association or a federation has become final, the provisions of Article 135-(4) or Article 193 paragraph 3 (Registration of the dissolution of a company by trial) of the Law of Procedure in Non-contentions Matters shall apply mutatis mutandis.
Article 173.　The registration of the dissolution under the provision of Article 165 shall be effected upon the application made therefor by the directors of an association or a federation to be dissolved by amalgamation.
2　To the case under the provision of the preceding paragraph, the provisions of Article 169 paragraph 3 and of paragraph 2 of the preceding Article shall apply mutatis mutandis.
(Application for Registration of Liquidator)
Article 174.　The letter of application for the registration as prescribed in Article 166 paragraph 1 shall, in case the director is not the liquidator, be accompanied with a document certifying the qualifications of the applicant.
2　The letter of application for the registration as prescribed in Article 166 paragraph 2 shall be made upon application made by liquidator and be accompanied with a document certifying alteration in the matters to be registered.
(Application for Registration of Completion of Liquidation)
Article 175.　The registration of liquidation of an association or a federation shall be effected upon the application made by the liquidator therefor.
2　The letter of application for the registration mentioned in the preceding paragraph shall be accompanied with a document certifying that the liquidator has obtained the approval for the statement of settlement of accounts in accordance with the provisions of Article 152 (including the case where this provision applies mutatis mutandis under Article 159 paragraph 5).
(Computation of Term of Registration)
Article 176.　As regards the matters to be registered which require an approval of the administrative authorities, the term of registration shall be computed as from the day of acceptance of a letter of the approval. However, it shall be computed as from the day of acceptance of a document certifying the approval in the case of Article 141 paragraphs 2 and 5 (including the case where this provision applies mutatis mutandis under Article 159 paragraph 4).
(Public Notice of Registration)
Article 177.　Any public notice of the registered matters shall be given by the registry office without delay.
(Application Mutatis Mutandis of the Provisions of the Law of Procedure in Non-contentions Matters)
Article 178.　The provisions of Articles 142 to 151-(6) inclusive and Articles 154 to 157 inclusive (general provisions of commercial registration) of the Law of Procedure in Non-contentions Matters shall apply mutatis mutandis to the registration of an association or a federation.
Section 5 Supervision
(Gathering Reports on Business or Financial Conditions)
Article 179.　The administrative authorities may require the association or federation to furnish such reports as are deemed necessary to insure compliance by such association or federation with the laws and orders, actions taken by administrative authorities under laws and orders issued thereunder, articles of association or by-laws or may order the association or federation to submit such data concerning the members, officers, employees, quantity of business and other general conditions of association as are deemed especially necessary to conducting equitably the administration with respect to the association or federation.
(Investigation into Business or Account Affairs)
Article 180.　The administrative authorities shall investigate into the business or account affairs of the association or federation when a request is made stating that the business or account affairs of the association or federation is deemed to violate any of the laws and orders, actions taken by administrative authority in accordance with the laws and orders issued thereunder, the articles of association or by-laws, with the consent of one-tenth or more of the whole membership or whole partnership.
2　The administrative authorities may at any time investigate into the business or account affairs of the association or federation, when they deem that affairs run by the association or federation are in violation of any of the laws and orders, actions taken by administrative authorities in accordance with the laws and orders issued thereunder, the articles of association or by-laws.
(Measures against Violation of Laws, and Orders, etc.)
Article 181.　The administrative authorities may, if they deem the business or account affairs of the association or federation are in violation of laws and order of actions taken by administrative authority in accordance with the laws and orders issued thereunder of the articles of association or by-law in case of gathering the report under the provision of Article 179 or in case of making inspection in accordance with the provisions of the preceding Article, order the association or federation concerned to take necessary steps therefor.
(Dissolution Order by Law Court)
Article 182.　In cases where the association or federation has conducted a business other than the business which can be made only in accordance with the provisions of this Law or special provisions of other laws, or has not complied with the orders issued under the provision of the preceding paragraph, or in cases where a violation of the provisions of Article 87 or Article 88 paragraph 5 has been made as regards the production association, the law court may order upon the application of administrative authority the dissolution of the association or federation concerned.
2　Any case coming under the provision of the preceding paragraph shall be under the jurisdiction of the law court which covers the locality of the main office of the association or federation concerned.
3　As regards the formalities in case of paragraph 1, it shall be the duty of the Supreme Court to decide thereupon.
(Revocation of Resolution, Election or Decision)
Article 183.　In case any member (excluding the quasi-member) or partner (excluding quasipartners), deeming that the procedure to convene a general meeting of the members, the method of resolution or the election violates any of the laws and orders, actions of the administrative authorities in accordance with the laws and orders issued thereunder, the articles of association or the by-laws, and with the consent of one-tenth or more of all of the members (excluding the quasi-members) or all of the partners (excluding the quasipartners), within one month counting from the day of resolution, election or final decision of those elected, demands the revocation of the said resolution, election or decision, the administrative authorities may, if they deem that there is any evidence of violation, revoke the said resolution, election or decision.
2　The provision of the preceding paragraph shall apply mutatis mutandis to the case of an inaugural general meeting.
(Cancellation of Exclusive Use Contract)
Article 184.　The administrative authority may, in case it has deemed the contents of the contract under the provisions of Article 93 paragraph 1 (including the case where this provision applies mutatis mutandis under Article 159 paragraph 2) is incompatible with the public interests, cancel such contract.
(Competent Administrative Authority)
Article 185.　In this Chapter, the "administrative authority" shall, except for in case of Article 148 (including the case where this provision applies mutatis mutandis under Article 159 paragraph 5), mean the Minister of Agriculture and Forestry with respect to the association or federation having as its area the whole area of, or an area larger than, To, Do, Fu or prefecture, and shall mean the governor of To, Do, Fu or prefecture with respect to any other association or federation.
2　A part of the powers vested in the Minister of Agriculture and Forestry under the provision of the preceding paragraph may be delegated to the governor of To, Do, Fu or prefecture.
CHAPTER VII Miscellaneous Provisions
(Restrictions on Request for Division of the Forest under Common Ownership).
Article 186.　Any person who has a forest under common ownership, regardless of the provision of Article 256 paragraph 1 of the Civil Code (Request for division of common property), shall not request for division of the forest under common ownership. However, application for division by a majority of the co-owners according to their shares shall not be precluded.
(Forestry Technical Extension Agents and Forestry Managerial Advisors).
Article 187.　To, Do, Fu or prefecture shall have forestry technical extension agents and forestry managerial advisors to be appointed from among personnel of To, Do, Fu or prefecture concerned.
2　The governor of To, Do, Fu or prefecture shall fix the regular forestry managerial advisor respectively taking charge of each forest area.
3　The forestry technical extension agent shall engage in business of extension of the results of experiments and studies concerning forestry technique, and the forestry managerial advisor in that of drafting a forest area working plan as well as of supervision over implementation of that plan, and shall engage in their duties concerning the enforcement of laws and orders relative to forestry.
(Entering Land and Investigation, etc.)
Article 188.　The Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture may, if necessary for enforcement of this Law, gather a report on the conditions of management from forest-owners or any person having a title to use or profit on the trees and bamboos standing on the forest.
2　The Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture may cause the officials of enter others'forest, make surveying and on-the-spot investigation, establish signs or cut standing trees and bamboos obstructing such surveying, on-the-spot investigating or establishing signs.
3　Any official who is entitled in accordance with the provisions of the preceding paragraph, to make surveying, on-the-spot investigation, to establish signs or cut standing trees or bamboos shall bear an identification card with themselves and produce it to the party interested, if so requested.
4　The power to entering land and investigation shall not be construed as recognized for criminal search.
5　The national government, or To, Do, Fu or prefecture shall compensate for such loss as may be sustained usually on any person through the action taken by the officials under the provision of paragraph 2.
(Bulletin)
Article 189.　The Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture shall, in case of ordering or a making notice in accordance with the laws or orders issued thereunder, if the addressee is unknown or can not be located clearly, put up a notice concerning the contents of such notice or order on the bulletin-board of the office of city, town or village under whose jurisdiction the forest, land or structures related to that notice or order are located. In this case, the notice or order referred to above shall be deemed to have arrived at the addressee on the day when fourteen days have elapsed, counting from either the day on which bulletin has been posted or the day on which publication in the prefectural official gazette bas been made, whichever later.
(Application to Special Ward and Others)
Article 190.　The provisions concerning a city, town or village shall apply, in the case where a special ward exists, to that special ward;in the case of the city as mentioned in Article 155 paragraph 2 of the Local Autonomy Law (Law No.67 of 1947), to a ward;and in the case where a whole-affairs association or officeaffairs association exists, to that association.
(Appeal)
Article 191.　Any person having objection to the permission, to the rejection against application for permission under the provision of this Law and orders issued thereunder, or to any other action (excluding the arbitration concerning compensation for loss decided by governor of To, Do, Fu or prefecture in accordance with the provision of Chapter IV) taken by the administrative authority, may lodge a protest against such matter.
2　The Minister of Agriculture and Forestry, in cases where he decides the plea regarding authorization or judgement of the governor of To, Do, Fu or prefecture prescribed in Chapter IV, shall hear the opinion of the Land Coordination Committee. The same shall apply to the case where the plea is on the designation or cancellation of protection forest or protection facilities district and the reason of the objection is referred to decision regarding the coordination of mining and collection of ores.
(Bearing of Expenses by To, Do, Fu or Prefecture)
Article 192.　The expenses listed below shall be borne by To, Do, Fu or prefectures:
(1)　Expenses necessary for drafting and implementing the forest area management plan;
(2)　Expenses necessary for drafting and implementing the forest area working plan;
(3)　Expenses necessary for To, Do, Fu or prefectural forestry council;
(4)　Expenses necessary for the business to be made by governor of To, Do, Fu or prefecture, with respect to the protection forest reserve.
(Subsidy of National Government)
Article 193.　The national government shall grant each fiscal year, within the limit of budgetary appropriations and as provided for by Cabinet Order, with respect to the afforestation and the establishment or enlargement of forest roads provided for in the forest area working plan, as subsidy the sum corresponding to a part of the expenses necessary therefor to To, Do, Fu or prefecture, in case the latter is to make the work above, and shall grant likewise as subsidy to city, town or village or any other person fixed by Cabinet Order, in case those public bodies are to make the work above, as subsidy the sum corresponding to a part of the expenses subsidized by To, Do, Fu or prefecture.
Article 194.　The national government shall subsidize to such person as may engage in the experiment and studies concerning forestry, a part of the expenses necessary therefor, within the limit of budgetary appropriations and as provided for by Cabinet Order.
Article 195.　The national government shall subsidize by less than one-half (1/2) of the expenses necessary for establishing foresttechnical-extension-agents and forest-management-advisors to To, Do, Fu or prefecture, within the limit of the budgetary appropriations each fiscal year and as provided for by Cabinet Order.
Article 196.　The national government shall subsidize by less than one-half (1/2) of the expenses borne by To, Do, Fu or prefecture in accordance with the provisions of Article 192 to the latter within the limit of budgetary appropriations and in accordance with the provisions of Cabinet Order.
CHAPTER VIII Penal Provisions
Article 197.　Any person who commits a theft of the products (including the processed products thereof) in a forest shall be charged with a forest theft and liable to penal servitude with hard labor for a period not exceeding three (3) years or a fine not exceeding thirty thousand (30,000) yen.
Article 198.　In cases where a forest theft is committed within the area of a protection forest, penal servitude with hard labor for a term not exceeding five (5) years or a fine not exceeding fifty thousand (50,000) yen shall be changed.
Article 199.　In cases where lumber charcoal and other goods have been made from the stolen articles, the goods shall be deemed a stolen article of a forest theft.
Article 200.　The provisions of Article 196 of the Civil Code (Claim on refundment of expenses of an occupant) shall not apply to the case of the recovery of the stolen articles in respect to a forest theft, except the case of an acquisitor in good faith.
Article 201.　Any person who peculates the stolen articles in respect to a forest theft is liable to penal servitude with hard labor for a term not exceeding three (3) years or a fine not exceeding thirty thousand (30,000) yen.
2　Any person who commits such acts as transportation, storage, purchase or intermediation of the stolen articles in respect to a forest theft shall be liable either to penal servitude with hard labor for a period not exceeding five (5) years or a fine not exceeding fifty thousand (50,000) yen.
Article 202.　Any person who sets fire to other persons'forest shall be liable to penal servitude with hard labor for a period not exceeding two (2) years.
2　Any person who sets fire to his own forest shall be liable to a penal servitude with hard labor for a period of six (6) months to seven (7) years.
3　In the case of the preceding paragraph, if the fire spreads to the forests owned by other persons, he shall be liable to a penal servitude with hard labor for a period of six (6) months to ten (10) years.
4　In the case of the preceding two paragraphs, if the forest is a protection forest, penal servitude for a period of one year or more shall be charged.
Article 203.　Any person who starts a fire by accident and destroy the forest owned by other persons shall be liable to a fine not exceeding fifty thousand (50,000) yen.
2　The same shall apply to the case of person who burns down his own forest by an accidental fire and jeopardizes the public thereby.
Article 204.　Attempt to commits any of the acts mentioned in Articles 197,198 and 202 shall be punished.
Article 205.　Any person who violates the provisions of Article 21 paragraph 1 or Article 22 shall be liable to a fine not exceeding ten thousand (10,000) yen. In this case, if the burning is committed in a protection forest a fine not exceeding thirty thousand (30,000) yen shall be charged.
2　Any person who violated the provisions of Article 21 paragraph 1 or Article 22, and in consequence, burned and destroyed the forests owned by other persons shall be liable to a fine not exceeding thirty thousand (30,000) yen. In this case, if the forest is a protection forest, a fine not exceeding fifty thousand (50,000) yen shall be charged.
Article 206.　Any person who, in violation of the provision of Article 16 paragraph 1, cuts standing trees in the restricted forest shall be liable to a fine not exceeding thirty thousand (30,000) yen.
Article 207.　Any person who comes under any of the following items shall be liable to a fine not exceeding twenty thousand (20,000) yen:
(1)　Any person who, in violation of the prohibition order provided for in Article 31, cuts standing trees and bamboos, collects or digs up soil, stones or roots, reclaims the land or conducts such other acts as to change the shape and quality thereof;
(2)　Any person who, in violation of the provisions of Article 34 paragraph 1, cuts standing bamboos, pastures livestock, collects or digs up soil stones or roots, reclaims the land or conducts such other acts as to change the shape and quality thereof.
Article 208.　Any person who comes under any of the following items shall be liable to a fine not exceeding ten thousand (10,000) yen:
(1)　Any person who, in violation of the provision of Article 16 paragraph 1, cuts standing trees in the ordinary forest;
(2)　Any person who removes, spoils or destroys land marks set up in accordance with the provision of Article 39 (including the case where the same provision applies mutatis mutandis in Article 44).
Article 209.　Any person who, in violation of the provision of Article 15, cuts standing trees without submitting the report shall be liable to a fine not exceeding five thousand (5,000) yen.
Article 210.　In case any association or any officer of an association has, under whatever name it may be, made such actions as loaning or bill discounting beyond the business of the association or its federation authorized or has disposed of any property belonging thereto, for the sake of speculation, he shall be liable to imprisonment with hard labor for a period not exceeding three (3) years or a fine not exceeding ten thousand (10,000) yen.
2　The provisions of the preceding paragraph, however, shall not apply to the case provided for by the Criminal Law (Law No.45 of 1907).
Article 211.　In case any person fails to submit a report under the provision of Article 8 paragraph 1 of the Warehousing Law which applies mutatis mutandis under Article 80 paragraph 4 (including the case where the same provision applies mutatis mutandis under Article 159 paragraph 1;hereinafter the same in this Article) or of Article 179 of this Law, or submits a false report or refuses, prevents or evades the inspection under the provisions of Article 8 paragraph 1 of the Warehousing Law which applies mutatis mutandis under Article 80 paragraph 4, or Article 180 of this Law shall be liable to a fine not exceeding one thousand (1,000) yen.
Article 212.　Any person who has committed a crime (including a criminal attempt) provided for in Article 197 or Article 198, or a crime provided for in Article 201 or Article 210 paragraph 1 may be liable to both an imprisonment with hard labor and a fine, depending upon circumstances.
Article 213.　In cases where a representative of a juridical person, or an agent of, employee of or any other person engaged by, a juridical person or a natural person has committed the violations prescribed in Articles 205 to 209 inclusive and Article 211 in connection with the business or the property of the juridical person or natural person, the juridical person or natural person shall be punished with a fine under this Article in addition to the punishment of the offender. However, this shall not apply to a juridical person or natural person in a case where it is proved that, reasonable caution and supervision have been exercised over the business or the property in order to prevent the violation concerned committed by juridical person or an agent thereof, employee or any other person engaged by a juridical person or a natural person.
Article 214.　Any officer or liquidator of an association or its federation shall be liable to an administrative fine not exceeding ten thousand (10,000) yen in the following cases:
(1)　In case an association or its federation has engaged in any business other than those authorized to perform by this Law or specially authorized by other laws;
(2)　In case it has acted in violation of the provisions of Article 79 paragraph 4, the proviso to paragraph 5, the proviso to paragraph 7 of the same Article or Article 154 paragraph 2, the proviso to paragraph 3, or the proviso to paragraph 5 of the same Article;
(3)　In case it has acted in violation of the provision of Article 93 paragraph 2 (including the case where the same provision applies mutatis mutandis under Article 159 paragraph 2);
(4)　In case it has acted in violation of the provision of Article 94 (including the case where the same provision applies mutatis mutandis under Article 159 paragraph 2);
(5)　In case it has acted in violation of the provision of Article 107 (including the case where the same provision applies mutatis mutandis under Article 159 paragraph 3);
(6)　In case it has acted in violation of the provisions of Article 110, Article 111 paragraph 2 or Article 112 (including the case where the abovementioned provisions apply mutatis mutandis under Article 159 paragraph 3);
(7)　In case it has failed to keep the documents or to state therein the matters to be included, or has made any false statement therein or refused to make them open to public inspection without due cause, in violation of the provision of Article 115 or of the provision of Article 116 (including the case where the abovementioned provisions apply mutatis mutandis under Article 159 paragraph 3);
(8)　In case it has acted in violation of the provision of Article 117 paragraph 5 (including the case where the same provision applies mutatis mutandis under Article 159 paragraph 3);
(9)　In case it has reduced the value of each unit of investment in violation of the provisions of Article 124 or Article 125 paragraph 2 (including the case where the abovementioned provisions apply under Article 159 paragraph 3), or in case it has effected any amalgamation of capital-stock associations in violation of the provisions of Article 124 or Article 125 paragraph 2 which apply mutatis mutandis under Article 145 paragraph 4 (including the case where the same provisions apply mutatis mutandis under Article 159 paragraph 5);
(10)　In case it has acted in violation of the provisions of Article 126 or Article 127 (including the case where the abovementioned provisions apply mutatis mutandis under Article 159 paragraph 3);
(11)　In case it has acquired any share of its members or received it as the object of pledge, in violation of the provision of Article 130 (including the case where the same provision applies mutatis mutandis under Article 159 paragraph 3);
(12)　In case it has acted in violation of the provision of Article 144 paragraph 5 (including the case where the same provision applies mutatis mutandis under Article 159 paragraph 5);
(13)　In case it has failed to mention in the documents the matters to be included therein under Article 150 or 152 (including the case where the abovementioned provisions apply mutatis mutandis under Article 159 paragraph 5) or made a false statement thereof;
(14)　In case it has disposed of its property in violation of the provision of Article 151 (including the case where the same provision applies mutatis mutandis under Article 159 paragraph 5);
(15)　In case it has neglected to give the public notice as prescribed in Article 79 paragraph 1 (Public notice and notification on application for obligation) or Article 81 paragraph 1 (Bankruptcy during liquidation) of the Civil Code which applies mutatis mutandis under Article 153 (including the case where the same provision applies mutatis mutandis under Article 159 paragraph 5;hereinafter the same in this Article), or has given any false notice thereof;
(16)　In case it has effected performance to any obligee within the period of time as prescribed in Article 79 of the Civil Code which applies mutatis mutandis under Article 153 in violation of the provisions of the same;
(17)　In case it has neglected to make an application for adjudication of bankruptcy in accordance with the provisions of Article 81 paragraph 1 of the Civil Code which applies mutatis mutandis under Article 153;
(18)　In case it has neglected to effect any registration under this Law.
Article 215.　Any person who has acted in violation of the provision of Article 75 paragraph 2 or Article 81 paragraph 2 (including the case where the same provision applies mutatis mutandis under Article 159 paragraph 1) shall be liable to a fine not exceeding one thousand (1,000) yen.
Supplementary Provisions:
1　The date of enforcement of, this Law shall be provided for by Cabinet Order within the period not exceeding ninety days counting from the day of its promulgation.
2　Forest Law (Law No.43 of 1907) shall be abolished.
Minister of Agriculture and Forestry　HIROKAWA Kozen
Prime Minister　YOSHIDA Shigeru