(Management Plant, etc. under the Old Law)
Article 1. With respect to the forest management plan made in accordance with the provisions of Article 9 or 69-(3) of the Forest Law (Law No.43 of 1907)(hereinafter referred to as "the old Law" ) and such designation made by governor of To, Do, Fu or prefecture in accordance with the provision of Article 10 paragraph 1 of the same Law as may be still effective at the time of enforcement of the Forest Law (Law No.249 of 1951)(hereinafter referred to as "the new Law" ), the provisions of Articles 9 to 11-(2) inclusive, Articles 13-(3), 69-(3), 69-(4), 94-(2),103 and 103-(2) of the old Law shall be still effective until the time limit of the forest area working plan fixed in accordance with the provision of Article 3 paragraph 3 begins with reference to the forest area wherein the forest related to that management plan or designation is located, regardless of the provision of paragraph 2 of the Supplementary Provisions of the new Law.
2 In case the forest-owners association under the provisions of the old Law (hereinafter referred to as "the old association" ) has dissolved or become the forest-owners association under the provisions of the new Law (hereinafter referred to as "the new association" ) in accordance with the provision of Article 7 paragraph 1, when the time limit of forest area working plan under the preceding paragraph does not still begin, the forest working plan which was set up by the old association in accordance with the provisions of Article 69-(3) of the old Law and which has been valid at the time of enforcement of the new Law shall be deemed to be the management plan set up for each member of association in accordance with the provisions of Article 9 of the old Law, after the old association has dissolved or become new association.
(Transitional Provisions on Cutting)
Article 2. Within sixty (60) days after the enforcement of the new Law, "not later than sixty (60) days before the cutting date" in Article 15 of the new Law shall read "in advance" .
2 In case any forest-owner, or person having a title to use or profit from the standing trees of the forest intends to cut the standing trees which shall be cut with the permission in accordance with the provision of Article 16 paragraph 1 of the new Law prior to the beginning of the time limit of the forest area working plan fixed in accordance with the provision of Article 3 paragraph 3 with reference to the forest area wherein the said forest is located, he shall report to the effect in advance to the governor of To, Do, Fu or prefecture in accordance with the procedures fixed by Ministerial Ordinance.
3 In case the standing trees reported on cutting in accordance with the provision of the preceding paragraph shall be cut according to the said report, the provision of Article 16 paragraph 1 of the new Law shall not apply.
4 Any person who, in violation of the provision of paragraph 2, cuts the standing trees under the same paragraph without making report shall be liable to a fine not exceeding five thousand (5,000) yen.
(Exceptions to Forest Plan)
Article 3. The term of the basic forest plan fixed for the first time with respect to each basic plan area in accordance with the provision of Article 4 paragraph 1 of the new Law after the enforcement of the new Law shall last from such day as may be fixed for each basic forest plan by the Minister of Agriculture and Forestry to March 31, 1952, regardless of the provision of the same paragraph.
2 In the basic forest plan under the preceding paragraph, no matters other than those concerning cutting standing trees of forest such as method of cutting, etc. shall need to be fixed.
3 The governor of To, Do, Fu or prefecture shall, upon receipt of the notification of the basic forest plan under paragraph 1 in accordance with the provision of Article 4 paragraph 6 of the new Law, fix the forest area working plan with respect to the private forest within the limit of the basic plan area in accordance with the provisions of Article 8 of the new Law, without fixing the forest area management plan under the provision of Article 7 of the new Law. In this case, "for the one year period starting from April 1 of the next year,...... on the basis of the forest area management plan...... not later than October 31 every year" as mentioned in paragraph 1 of the same Article, "within thirty (30) days" as mentioned in paragraph 3 of the same Article and "December 31" as mentioned in paragraph 4 of the same Article shall respectively read "for the same term as that of the basic forest plan notified,...... on the basis of the said basic forest plan...... within thirty (30) days as from the day of the said notification" , "within fifteen (15) day" and "October 31, 1951" .
4 In the forest area working plan under the preceding paragraph, no matters other than those listed in Article 8 paragraph 5 items (3) and (4) of the new Law and any other matters necessary for cutting of standing trees of the forest shall need to be fixed.
Article 4. With respect to the basic forest plan with April 1, 1952 for the day of commencement of the plan in the provision of Article 4 paragraph 1 of the new Law, ", every five years, fix a basic forest plan for five year period starting from April 1 of the next year" shall read as "fix a basic forest plan for such a time limit as may be fixed by the Minister of Agriculture and Forestry for each basic plan area, ranging from one to five years starting from April 1, 1952" .
2 With respect to the forest area management plan fixed under the basic forest plan referred to in the preceding paragraph, in Article 7 paragraph 1 of the new Law "for the five years period starting from April 1 of the next year" shall read "for the same time limit as that of the basic forest plan concerned" .
(Validity of Restrictions, etc. on Protection Forest under the Old Law)
Article 5. Such restriction or prohibition of the using or profiting, or such designation of the method of forest management or of protection under the provisions of Article 27 (including the case where this applies mutatis mutandis in Article 36 of the old Law) of the old Law as is actually valid at the time of enforcement of the new Law, shall be still valid until March 31, 1952, regardless of the provision of paragraph 2 of the Supplementary Provisions of the new Law.
2 With respect to the restriction, prohibition or designation under the preceding paragraph, the provisions of Articles 28 to 30 inclusive, Articles 33, 34 (including the case where these provisions apply mutatis mutandis in Article 36 of the old Law) and 98 shall be still valid, regardless of the provision of paragraph 2 of the Supplementary Provisions of the new Law.
(Old Association and Old Federation)
Article 6. With regard to such old association and federation of forest-owners associations under the provisions of the old Law (hereinafter referred to as "the old federation" ) as may exist actually at the time of enforcement of the new Law, the provisions of Chapter V of the old Law shall be still valid, regardless of the provision of paragraph 2 of the Supplementary Provisions of the new Law.
2 The provision of Article 75 paragraph 2 of the new Law shall not apply to the old association or the old federation.
3 Such old association or old federation as may exist actually (excluding the one in course of liquidation) at the time when, as for the old association, eight months, and, as for the old federation, nine months have elapsed since the day of enforcement of the new Law, shall dissolve at their respective times.
(Change in Organization into New Association or New Federation)
Article 7. Any old association or old federation may become new association, as for the old association, or the federation of forest-owners associations under the provisions of the new Law (hereinafter referred to as "the new federation" ), as for the old federation, by changing their articles of association within the time limit under paragraph 3 of the preceding Article.
2 The change of the articles of association of the old association under the preceding paragraph shall, regardless of the provisions of the Forest Owners Association Ordinance (Imperial Ordinance No.559 of 1940) necessitate a decision by the majority more than one half of the members of association present exceeding two-thirds of the total number of the rights of voting and, out of the members present, by more than two-thirds of those qualified for membership (excluding quasi-membership) of a new association after the change of the organization, at the general meeting attended by more than two-thirds of the total members and, out of the total members, more than onehalf of those qualified for membership (excluding quasi-membership) of a new association after the change of the organization.
(Restrictions in the Case of Change in Organization)
Article 8. In case an old association or old federation is to become new association or new federation by changing its organization, no change in the area, nor decrease in the sum of single share of stock shall be made.
2 No old association or old federation which has let the members of association or federation invest shall become a non-capital-stock new association or non-capital-stock new federation through the change in organization.
(Authorization for Change in Organization)
Article 9. In case an old association or old federation has made a decision to change the articles thereof in accordance with the provision of Article 7, it shall without delay submit a new articles thereof to the governors of To, Do, Fu or prefecture, as for the old association, and to the Minister of Agriculture and Forestry, as for the old federation to apply for an authorization for change in organization.
2 With respect to an application for the authorization under the preceding paragraph, the provisions of Articles 140 and 141 of the new Law shall apply mutatis mutandis.
(Registration of Change in Organization)
Article 10. Any old association or old federation shall make the registration of the change in its organization at the seat of its main office within two weeks counting from the day on which the authorization for change in organization has been given.
2 In the registration referred to in the preceding paragraph, the matters under Article 160 paragraph 2 of the new Law shall be indicated.
3 Any old association or old federation shall become new association or new federation by making the registration under paragraph 1.
4 With respect to the registration under paragraph 1, the provisions of Article 160 paragraph 3, Article 169 paragraphs 1 and 2 and Article 170 of the new Law shall apply mutatis mutandis.
5 The application for a registration under paragraph 1 shall be accompanied with a copy of a register of the old association or the old federation concerned, except in case a registration is made at the seat of the main office of the old association or the old federation concerned.
6 In case a registration under paragraph 1 has been made at the seat of the main office of the old association or the old federation, a registry official shall ex officio enter the reasons in the registry paper of the old association or of the old federation to close the said registry paper
7 In case a registration under paragraph 1 has been made at any place other than the seat of the main office of the old association or the old federation, the registry official shall notify the registry office at the seat of the main office of the old association or the old federation to that effect.
8 In case a notification under the preceding paragraph has been made, the provision of paragraph 6 shall apply mutatis mutandis.
9 In case the procedures under paragraph 6 (including the case where this applies mutatis mutandis in the preceding paragraph) have been taken, the registry official notify to that effect to the registry office at the seat of the secondary office of the old association or the old federation.
10 In case a notification under the preceding paragraph has been made, the provision of paragraph 6 shall apply mutatis mutandis.
(Secession)
Article 11. In case the old association has become a new association in accordance with the provision of Article 7 paragraph 1, those unqualified for membership of new association out of the old association's members, shall be deemed to have seceded from the old association at the time when the old association has become a new association.
2 When, in the case of the preceding paragraph, those who have become members of a new association have notified the new association of their secession therefrom within two weeks from the day when they have become members of new association, the said members shall, regardless of the provision of Article 97 paragraph 1 of the new Law, secede from the new association at the time of the notification.
(Relations between New Association and Old Association)
Article 12. In case the old association, a member of the old federation, has become a new association in accordance with the provision of Article 7 paragraph 1, while the old federation has not yet changed its organization into a new federation, the new association concerned shall not, regardless of the provision of Article 74 paragraph 2 of the old Law, lose its position of being continuously a member of the old federation.
2 The new association under the preceding paragraph shall, in case it has notified the old federation under the same paragraph of its secession therefrom within two weeks from the day of becoming a new association, regardless of the provision of Article 69 of the Forest Owners Association Ordinance, secede from the old federation concerned at that time.
(Relations between Old Association and New Federation)
Article 13. In case the old federation has become a new federation in accordance with the provision of Article 7 paragraph 1, while the old association, a member of old federation, has not yet changed its organization into a new association, the old association shall become quasi-member of the said new federation at that time, regardless of the provision of Article 155 item (2) of the new Law.
2 The old association which has become quasimember of a new federation in accordance with the provision of the preceding paragraph shall, in case it has notified the said new federation of its secession therefrom within two weeks from the day when the old federation has become the new federation, secede from the said new federation at that time, regardless of the provision of Article 97 paragraph 1 of the new Law which applies mutatis mutandis in Article 159 paragraph 2.
(Responsibilities of Members of Association or Federation after the Change in Organization)
Article 14. The pledges on the shares of members of old association or of old federation, which exist at the time when the old association or the old federation becomes the new association or the new federation in accordance with the provision of Article 7 paragraph 1, still remain upon their refundment claim under the provision of Article 99 paragraph 1 (including the case where this applies mutatis mutandis in Article 159 paragraph 2 of the new Law) of the new Law, their dividend claim under Article 127 (including the case where this applies mutatis mutandis in Article 159 paragraph 3 of the new Law) of the new Law and the claim for property distribution in the case of dissolution of the new association or the new federation.
2 In case the old association as an association of supplementary liability has become a new association in accordance with the provision of Article 7 paragraph 1, no members of the old associations concerned who have become the members of new associations cannot evade the responsibility under the provision of Article 70-(3) paragraph 1 of the old Law, regardless of the provision of Article 88 paragraph 4 of the new Law, in regard to the liabilities of old association which had occured before the change in the organization.
3 The responsibility under the preceding paragraph shall be extinguished, in regard to claims on which neither request nor advance notice of request has been made within two years from the day when the old association has become the new association, at the time when the said time limit has elapsed.
(Exceptions to Business Scope)
Article 15. In case the scope of business previously done by the old association or the old federation has been reduced at the time when the old association or the old federation became the new association or the new federation any acts necessary for the disposition of remaining affairs of the reduced business may be done, regardless of the provisions of the new Law.
(Partial Amendment to the Stamp Duty Law)
Article 16. The Stamp Duty Law (Law No.54 of 1899) shall be partially amended as follows:
In Article 5 item (6), "or Fisheries Cooperative Association" shall be amended as ", Fisheries Cooperative Association or Forest-owners Association" .
(Partial Amendment to the Registration Tax Law)
Article 17. The Registration Tax Law (Law No.27 of 1896) shall be partially amended as follows:
In Article 19 item (7), "Forest Industry Association," shall be amended as "Forestowners Association, Federation of Forestowners Association," and "Forest Industry Association Law" as "Forest Law" .
(Partial Amendments to the Trade Association Law)
Article 18. The Trade Association Law (Law No.191 of 1948) shall be partially amended as follows:
In Article 6 paragraph 1 item (1), next to "h. Smaller Enterprise, Etc. Cooperative Law (CHUSHO KIGYO-TO KYODO KUMIAI HO) Law No.181 of 1949" shall be added "i. Forest Law (SHINRIN HO) Law No.249 of 1951" and in item (2) of the same paragraph, "b. Forest Law (SHINRIN HO) Law No.43 of 1907" shall be amended as "b. Old Forest Law (KYU SHINRIN HO) Law No.43 of 1907" .
(Partial Amendment to the Smaller Enterprise Credit Insurance Law)
Article 19. The Smaller Enterprise Credit Insurance Law (Law No.264 of 1950) shall be partially amended as follows:
In Article 2 paragraph 2, "or fishery cooperatives" shall be amended as ", fishery cooperatives, forest-owners associations or federation of forest-owners associations" .
(Partial Amendments to the Afforestation Temporary Measures Law)
Article 20. The Afforestation Temporary Measures Law (Law No.150 of 1950) shall be partially amended as follows:
In Article 7 paragraph 4, "the management plan under the provisions of Article 9 or Article 69-(3) of Forest Law (Law No.43 of 1908)(hereinafter referred to as" management plan ")" shall be amended as "the forest area working plan under the provision of Article 8 of the Forest Law (Law No.249 of 1951)" and "the management plan concerned" as "the forest area working plan concerned" .
In Article 22 (including the heading), "management plan" shall be amended as "forest area working plan" .
(Partial Amendments to the Ministry of Agriculture and Forestry Establishment Law)
Article 21. The Ministry of Agriculture and Forestry Establishment Law (Law No.153 of 1949) shall be partially amended as follows:
Article 4 item (50) shall be amended as follows:
(50) To fix basic forest plans based on the Forest Law (Law No.249 of 1951) and to notify them to the governor of To, Do, Fu or prefecture;
Article 4 item (52) shall be amended as follows:
In Article 4 item (56), "To annex to" shall be amended as "To designate" .
In the table of Article 65 paragraph 1,
"Local Forest Committee |
To make research and deliberation on the matter placed under its powers by the provisions of the Forest Law (Law No.43 of 1907). |
"shall be amended as
"Central Forest Council |
To make research and deliberation on important matters regarding forests. |
",and in paragraph 2 of the same Article," Local Forest Committee "as" Central Forest Council".
(Partial Amendment to the Land Coordination Commission Establishment Law)
Article 22. The Land Coordination Commission Establishment Law (Law No.292 of 1950) shall be partially amended as follows:
In Article 45 "Forest Law (Law No.43 of 1907)" shall be amended as "Forest Law (Law No.249 of 1951)" .
(Partial Amendment to the Agriculture, Forestry and Fisheries Loans Law)
Article 23. The Agriculture, Forestry and Fisheries Loans Law (Law No.105 of 1951) shall be partially amended as follows:
Next to Article 2 item (2), shall be added the following one item:
(2-2) Funds necessary for restriction on cutting standing trees of forests.
In the table of Article 3 paragraph 1, the following shall be added next to the part of Funds necessary for afforestation:
(2-2)Funds necessary for restriction on cutting standing trees of forests |
4.5% per annum |
3.5% per annum |
25 yrs. |
- |
To Article 3 paragraph 2 shall be added the following proviso:
; provided that, the maximum of loans for funds necessary for restriction on cutting standing trees of forests shall be the appraised value of standing trees of forests concerning the loaning, which do not reach the maximum rotation age-class and belong to the age class over the utilization cutting age-class specified by the governor of To, Do, Fu or prefecture.
In Article 3 paragraph 3, next to "by yearly installments" shall be added "(Loans under the provision of Article 2 item (2-2) shall be repaid in full at the fixed date,)" .
(Transitory Provisions for the Actions, Etc. under the Old Law)
Article 24. With respect to the compensation for loss, incurred already before the enforcement of the new Law, as prescribed in Article 28 (including the case where this applies mutatis mutandis in Article 36 of the old Law) of the old Law and with respect to the application of the penal provisions to the acts done before the enforcement of the new Law, the old Law shall be still valid, regardless of the provision of paragraph 2 of the Supplementary Provisions of the new Law.
2 Any action, decision, application, request, procedures and any other acts made in accordance with the provisions of the old Law (excluding the provisions of Chapter V) or of orders issued thereunder shall, in case there are any provisions corresponding thereto in the new Law or orders issued thereunder, be deemed to be made in accordance with these provisions.