日本財団 図書館


3.

Any commission or commissioner or any competent organ thereunder shall immediately transfer to the chief executive such administrative property under its administration as may have been disused.

 

(Prohibition)

 

Article 238-3.

No person whose duties are related to public property may accept such public property in his/her charge in exchange for his/her own property or in any other manner whatsoever.

 

2.

Any act in contravention of the preceding paragraph shall be null and void.

 

(Administrative Property)

 

Article 238-4.

No administrative property may be leased, exchanged, sold, granted, invested or left in trust, or encumbered with private rights, except as specified in the following paragraph.

 

2.

Land which is an administrative property may be leased, or encumbered with superficies to the extent not in conflict with its proper use or purpose, in accordance with a cabinet order, for the various uses specified by cabinet order by the State, other local public bodies or other persons specified by cabinet order. In this case, the provisions of paragraphs 3 and 4 of the following article shall apply mutatis mutandis thereto.

 

3.

Any act effected in contravention of paragraph 1 shall be null and void.

 

4.

Permissions may be issued for the use of administrative property, to the extent not in conflict with its proper use or purpose.

 

5.

Such permitted use of administrative property shall not be subject to the Land Lease and Rented House Law (Law No. 90 of 1991).

 

6.

The chief executives or commissions may revoke the permission for the use of administrative property issued under paragraph 4, if any need arise of using the same for governmental or public purposes, or if any act be found in conflict with the conditions attached to such permission.

 

(Ordinary Property)

 

Article 238-5.

Ordinary property may be leased, exchanged, sold, granted or invested, or encumbered with private rights.

 

2.

Land (including any fixture) belonging to ordinary property may be left in trust specified in a cabinet order in which the ordinary local public body shall be a fiduciary.

 

 

 

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