I hereby give My Sanction to the Life Protection Law approved by the Imperial Diet and cause the same to be promulgated. Signed:HIROHITO, Seal of the Emperor This seventh day of the ninth month of the twenty-first year of Showa (September 7, 1946) Countersigned: Prime Minister YOSHIDA Shigeru Minister for Home Affairs OMURA Seiichi Minister of Welfare KAWAI Yoshinari Minister of Finance ISHIBASHI Tanzan Law No.17 Daily Life Protection Law Chapter I. General Rules.
Art.1. The object of this Law is to promote social welfare through the State taking over the responsibilities in furnishing protection to persons whose living conditions require assistance, equally and without discrimination or priority.
Art.2. Persons who fall under any one of the following categories shall not receive Protection under this Law. (1) Persons who, in spite of their being capable of doing so, have no will to work or persons who neglect work or persons who make no efforts maintaining their living. (2) Persons of indifferent behaviour.
Art.3. Any person, who has a restponsible supporter capable of fulfilling his obligations toward him shall not receive the protection under this law, except under urgent ciscumstances.
Chapter II. The Organs for Protection.
Art.4. The said protection shall be given by the mayor of a city, town, or village as the case may be in which the recipient of such protection resides (the Governor of Tokyo Metropolis in the case of the area where the said person resides is within Tokyo Metropolis where a ward exists, the same shall apply hereafter). In case the said person has no permanent domicile or in case the place of his domicile is not clear, the mayor of a city, town or village in which he actually resides, shall give the said protection.
Art.5. District welfare commissioners established in accordance with the provisions of the District Welfare Commissioner Law, shall assist, as determined by ordinance, the mayor of a city, town or village in discharging the duties concerning the business of protection.
Chapter III. The Institutions for Protection.
Art.6. The institutes for protection as contemplated in this Law shall mean institutes which have been established in order to give protection as contemplated in this Law or institutes which are necessary for helping those who will receive protection as prescribed in this Law. The measures of help as contemplated in the preceding paragraph shall mean those measures, suck as the granting of lodgings or other matters which are necessary for accomplishing the proposed protection contemplated in this Law and to be determined by an ordinance.
Art.7. In case a city, town or village intends to establish institutes for protection, it shall obtain the approval of the Prefectural Governor in respect to the facilities thereof. In case a person other than a city, town or village (excluding Tokyo Metropolis, Hokkaido, or prefectures;the same shall apply theretoafter) intends to establish, institutes for protection, he shall obtain the approval of the Prefectural Governor.
Art.8. The institutes for protection established in accordance with the provisions of Paragraph 2 of the preceding Article shall not refuse any trust which a mayor of a city, town or village may make for the purpose of either protection or assistance.
Art.9. Except those prescribed in this Law, matters concerning the establishment, management, abolition of the institutes for protection or any other matters which may be necessary in regard to the institutes for protection shall be determined by Ordinance.
Chapter IV. Kinds of Protection, its Extent&Method.
Art.10. The protection given shall not exceed the limit which is essential for living.
Art.11. The Kinds of Protection are as follows: 1. Assistance for livelihood. 2. Medical treatment. 3. Birth aid. 4. Occupation aid. 5. Funeral aid. The extent and method of protection given in each of the items of the preceding paragraph shall be determined by Imperial Ordinance.
Art.12. A mayor of a city, town or village, may either accomodate, if he deems it necessary, those persons to be protected in the institutes for protection or entrust such accommodation, or entrust private house or any other appropriate establishments for their accommodation.
Art.13. When either the parents or guardians of a person to be protected fails to execute their rights properly, the mayor of a city, town, or village may execute those measures mentioned in the preceding Article notwithstanding any objections they may raise.
Art.14. The chief of an institute for protection may assign in accordance with the provisions of an ordinance to those accommodated in such establishment, any work which may be deemed suitable.
Art.15. In the absence of a person who shall perform the duties of paternal authority or a guardian to a minor who has been accommodated or who is being entrusted for accommodation in accordance with the provisions of Article 12 the mayor of a city, town or village or any person designated by him as such shall perform the duties of a guardian as stipulated by Ordinance.
Art.16. A mayor of a city, town, or village may give directions to any person who is to receive protection in regard to labor or to those matters which may be necessary in respect of maintenance of living.
Art.17. In the event of the death of a person receiving protection, the person, who performs the funeral service, shall be paid the funeral expenses as determined by Imperial Ordinance. In the absence of a person to perform the funeral service, the mayor of a city, town or village who has given protection to him, shall perform the said service.
Chapter V. The Expenses for Protection.
Art.18. In case a person to be protected has lived in the same city, town or village continually for one year or longer, the expenses for protection shall be borne by the city, town or village in which he resides. In case a person to be protected is a resident of a ward within the area of Tokyo Metropolis the expenses for protection shall be borne by the Tokyo Metropolis.
Art.19. In case a person to be protected falls under any one of the following categories, the expenses of protection shall be borne by a city, town or village in which he resides, even if the period of residence therein has not reached one year. 1. When either the husband or wife has lived for over a year, one or the other thereof. 2. When either a son, daughter or any other lineal descendant, living together with the parents or other lineal ascendants who have lived thereat for more than one year. 3. When either the parents or any other lineal ascendant living together with a son, daughter, or any other lineal descendants who have lived thereat for more than one year.
Art.20. In regard to the counting of the period prescribed in Paragraph 1 of Article 18 and in the preceding article, it shall be determined by an Imperial Ordinance.
Art.21. Wheu the expenses required for protection shall not be borne by the city, town or village in accordance with the provisions of Paragraph 1 of Article 18 and Article 19, such expenses shall be borne by either Tokyo Metropolis, Hokkaido, or prefecture where the person to be protected resides. In case the person to be protected has no permanent domicile or the place of his domicile is not clear, the expenses for protection shall be borne by either Tokyo Metropolis, Hokkaido. or prefecture where the said person actually lives.
Art.22. In respect to the expenses for burial and funeral contemplated in Paragraph 1 of Article 17, and any expenses which may be necessary for the burial and funeral service contemplated in Paragraph 2 of the same article, the provisions from Article 18 to the preceding article shall be applied mutatis mutandis.
Art.23. Any expenses which may be necessary for the district welfare commissioners carrying out the official duties in accordance with the provisions of Article 5, shall be borne by the said city, town or village.(In the case of the district welfare commissioners of a ward within the area of Tokyo Metropolis, Tokyo Metropolis shall be responsible for the defrayment of that expense).
Art.24. The office expenses necessary for the institutes for protection established by either Tokyo Metropolis, Hokkaido, or prefectures, and also the office expenses of the institutes of protection established by a city, town or village, or by any other persons in accordance with Article 7 shall be borne as determined by Imperial Ordinance and in accordance with the provisions of Articles 18 and 19 and 21, by such city, town or village or Tokyo Metropolis, Hokkaido, or prefecture, which shall be responsible for the defrayment of the expenses required for protecting the person who is to be given protection or assistance.
Art.25. The expenses borne by Tokyo Metropolis, Hokkaido, or prefectures, in accordance with the provisions of Articles 21 and 22, shall be temporarily disbursed by the city, town or village which has given the said protection.
Art.26. Tokyo Metropolis, Hokkaido or prefectures, shall be responsible, as determined by Imperial Ordinance, for the subsidy amounting to three quarters of the expenses needed for the facilities of the institutes for protection established by any person other than a city, town or village in accordance with Paragraph 2 of Article 7.
Art.27. With respect to the following expenses, one quarter thereof shall be subsidized by Tokyo Metropolis, Hokkaido, or prefectures, according to the provisions of Imperial Ordinance: 1. Expenses borne by a city, town or village according to the provisions of Article 23. 2. Expenses needed for the facilities of the institutes for protection established by a city, town or village according to the provision of Paragraph 1 of Article 7.
Art.28. In respect to the expenses borne by a city, town or village according to the provisions of Paragraph 1 of Article 18 and Article 19 and Article 22 and 24, one tenth thereof shall be subsidized by Tokyo Metropolis, Hokkaido, or prefectures, as determined by Imperial Ordinance.
Art.29. The amount equivalent to eight-tenths of the expenses borne by a city, town or village or Tokyo Metropolis, Hokkaido, or urban or rural prefectures, in accordance with the provisions of Articles 18, 19, 21, 22 and 24 shall be subsidized, as determined by Imperial Ordinance, by the National Treasury.
Art.30. The amount equivalent to two-thirds of the expenses borne by Tokyo Metropolis, Hokkaido, or prefectures, in accordance with the provisions of Article 26 shall be subsidized, as determined by Imperial Ordinance, by the National Treasury.
Art.31. In respect to the following expenses, one half thereof shall be subsidized, as determined by Imperial Ordinance, by the National Treasury. 1. Expenses borne by a city, town or village or Tokyo Metropolis according to the provisions of Article 23. 2. Expenses required for the facilities of the institutes for protection established by Tokyo Metropolis, Hokkaido, or prefectures, and of the institutes for protection established by a city, town or village in accordance with Paragraph 1 of Article 7.
Art.32. In the event of protection being given to a person notwithstanding the fact that he has financial means, a city, town or village or Tokyo Metropolis, Hokkaido, or prefectures, which incurred the expenses of protection may collect the whole or a part of such expenenses from the said person.
Art.33. In case a person who was given protection, comes to possess sufficient means to repay the expenses of protection incurred, the city, town or village or Tokyo Metropolis, Hokkaido, or prefecture, which incurred such expenses of protection, may order the said person to return the whole sum or a part of the expenses within five years from the date on which the protection given to said person has been discontinued.
Art.34. When there is a person who is under obligation according to the CivilLaw to support a recipient of protection, a city, town, village or Tokyo Metropolis, Hokkaido, or prefecture, which incurred the expenses for protection may collect the whole or a part of such expenses from the said person within the limits of the above-mentioned obligation. Any dispute regarding the collection of expenses in accordance with the provisions of the preceding paragraph shall be settled according to the Law of Civil Procedure.
Art.35. In the event of the death of a person who has given protection, the mayor of a city, town or village may, according to the provisions of Ordinance, appropriate the money left with him for the purpose of covering the expenses which have been incurred for protection and the expenses for burial and funeral contemplated in paragraph 1 of Article 17 and also the expenses needed for burial and funeral prescribed in Paragraph 2 of the same article and if the money so appropriated is still not sufficient to cover the expenses, he may sell the belongings left over by the said person and appropriate the proceeds thereof to cover the deficits.
Chapter VI Miscellaneous Provisions
Art.36. When a person to be protected falls under any one of the following catogories, the mayor of a city, or town or village is not required to protect such a person: 1. When the said person refuses to obey the dispositions or instructions executed or given either by the mayor of a city, town or village or the chief of an institute for protection in accordance with this Law or Ordinance issued under this Law. 2. When the said person refuses, without justifiable reason, examination or investigation concerning the protection afforded.
Art.37. In case an institute for protection established under the provisions of Paragraph 2 of Article 7 contravenes this Law or Ordinances issued thereunder or the disposition executed thereunder, the Prefectural governor may cancel the approval granted under the same paragraph.
Art.38. Tax and other public imposts shall not be levied on the person given protection, for the money or commodities delivered for the purpose of protection in accordance with this Law.
Art.39. The money or commodities delivered for the purpose of protection under this Law shall not be the object of seizure, irrespective of whether the said money or commodities has already been delivered or otherwise.
Art.40. Tokyo Metropolis, Hokkaido, or prefecture, or a city, town, village or any other public organization is not permitted to levy tax or other public imposts on the following buildings and lands except those which shall be let rent. 1. Buildings mainly used for the facilities of protection. 2. Site of the buildings contemplated in the preceding item and other land mainly used for the facilities of protection.
Art.41. Any person, who has received protection or has caused a person to receive protection by fraud or any other unlawful means, shall be subject to penal servitude not exceeding six months or to a fine not exceeding Five Hundred Yen.
Art.42. The provisions concerning a town or village in this Law shall be applied, in those areas where the Laws of Towns and Villages is not enforced, to that which corresponds either to a town or a village and the provisions concerning the mayor of a town or village shall be applied to any person corresponding to a mayor of a town or a village.
Supplementary Provisions:
Art.43. The date of the enforcement of this Law shall be determined by an Imperial Ordinance.
Art.44. The Law of Relief, the Military Aid Law, the Mother and Child Protection Law, the Medical Aid Law, and the War-time Damages Aid Law, are hereby abrogated.
Art.45. Those institutions established in accordance with the provisions of Article 7 of Relief Law or with the provisions of Paragraph 2 of Article 9 of the Mother and Child Protection Law or those establishments which are being managed in accordance with the provisions of Article 6 of the Medical Aid Law (excluding those establishments instituted by Tokyo Metropolis, Hokkaido, or prefectures), which are actually existing at the time of the enforcement of this Law, may be regarded as institutes for protection permitted in accordance with the provisions of Article 7 whether or not actually receiving the approval prescribed in Article 7 within two months as from the day of the enforcement of this Law. When the person or persons responsible for the establishment of the institute mentioned in the preceding paragraph applies for the approval contemplated in Article 7 within the period prescribed in the same paragraph, they shall be treated the same as in the preceding paragraph until such a date when the disposition of permission or non-permission of the said application shall be given.
Art.46. A part of the "Law for the protection of the aborigines in Hokkaido" is amended as follows:
"Articles 4 and 6 inclusive" shall be deleted.
In Article 8, "Article 4 or the preceding article" shall read "the preceding three articles" .
Art.47. A part of the Sufferers (Refugees) Relief Fund Law is amended as follows: In Article 15-2, "the enforcement of the Law of Relief" shall read "the enforcement of the Daily Life Security Law" .