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  • Interpretation
  • No.347【Under Translation】
  • Date
  • 1994/05/20
  • Issue
    • Is the provision of the Precautionary Matters on Submission of Application and Issuance of Self-Tilling Certificates, which determines the ability to engage in self-tilling based on the location of a tiller’s residence and farmland, unconstitutional?
  • Holding
    •        The Precautionary Matters on Submission of Application and Issuance of Self-Tilling Certificates were amended and issued by the Ministry of the Interior on November 25, 1986 and June 22, 1990, respectively, based on its power as the competent authority to enforce the provisions of Article 30 of the Land Act and Article 19 of the Act Governing Reduction of Farm Rent to 37.5 Percent.  The provisions contained therein, which impose certain restrictions on the applicant’s residence and the location of the farmland transferred to or recovered by such applicant, were set forth as guidelines so that the relevant authorities could carry out the measures contemplated thereby in light of the then current land policies of “farmland for self-tilling farmers” while also taking into account the general usage of farming tools. Such provisions are not found to be in conflict with the Constitution.  In respect of those provisions contained in the said Precautionary Matters, which determine the ability of a tiller to engage in self-tilling based on whether the tiller’s residence or existing farmland and the transferred farmland are located within the same county/municipality or in an adjoining township/town, such other factors as the policy of agricultural development, the improvement of farming methods and traffic conditions, etc., should also be taken into consideration, and review and modification thereof be made from time to time so as not to adversely affect the rights and interests of those farmers who, in fact, have the ability to engage in self-tilling.
  • Reasoning
    •        The transferee of any private farmland shall be limited to one who has the ability to engage in self-tilling; and the lessor of such farmland who takes back the land is required to have the ability to engage in self-tilling, which are clearly prescribed in Article 30 of the Land Act and Article 19 of the Act Governing Reduction of Farm Rent to 37.5 Percent, respectively.  For the purpose of enforcing the applicable provisions of the aforesaid laws and the Agricultural Development Act, the Ministry of the Interior, based on its power as the competent authority, has prescribed the Precautionary Matters on Submission of Application and Issuance of Self-Tilling Certificates. The provisions contained therein have imposed certain restrictions on the applicant’s residence and the location of the farmland transferred to or recovered by such applicant, and modifications of such restrictions have been repeatedly made while amending the said Precautionary Matters.  Section 3, Subparagraph 4, of the said Precautionary Matters as amended and issued on November 25, 1986, provided, “If the applicant’s residence and the farmland transferred to him are not located in the same or adjoining township(s) (town(s), city(-ies), or precinct(s)), he shall not be deemed to have the ability to engage in self-tilling and thus no certificate shall be issued, provided, however, that the traveling distance between the two locations is within fifteen kilometers. The said provision was later amended on June 22, 1990, as Section 6, Paragraph1, Subparagraph 2, thereof, which reads as follows: “No certificate shall be issued unless the residence of the applicant and the farmland transferred to him are located in the same county/municipality or, if not in the same county/municipality, in the adjoining townships (towns, cities, or precincts).”  The foregoing provisions are set forth as guidelines so that the relevant authorities could carry out the measures contemplated thereby in light of the then current land policies of “farmland for self-tilling farmers” while also taking into account the general usage of farming tools.  They are not found to be in conflict with the Constitution. In respect of those provisions contained in the said Precautionary Matters, which determine the ability of a tiller to engage in self-tilling based on whether the tiller’s residence or existing farmland and the transferred farmland are located within the same county/municipality or in an adjoining township/town, such other factors as the policy of agricultural development, the improvement of farming methods and traffic conditions, etc., should also be taken into consideration, and review and modification thereof be made from time to time so as not to adversely affect the rights and interests of those farmers who, in fact, have the ability to engage in self-tilling.
      
    • *Translated by Vincent C. Kuan
      
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