Law concerning the Special Account of Alcohol Monopoly
法令番号: 法律第39号
公布年月日: 昭和22年3月31日
法令の形式: 法律
I hereby give My sanction to the Law concerning the amendment of Special Account of the Fuel Bureau for which, the concurrence of the Imperial Diet has been obtained, and cause the same to be promulgated.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the third month of the twenty-second year of Showa (March 31, 1947)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Finance ISHIBASHI Tanzan
Minister of Commerce and Industry ISHII Mitsujiro
Law No.39
Law concerning the Special Account of Alcohol Monopoly
Art.1. The Special Account shall be established and managed separatly from general account with a view to managing the Alcohol Monopoly as an enterprise and to promoting its sound development.
The Enterprise of Alcohol monopoly in this Law shall be regarded as the enterprise of producing, receiving, and selling alcohol and the examination and investigatnon of alcohol as well as the business attached to these matters.
Art.2. This Special Account shall be managed by the Minister of Commerce and Industry in accordance with the provisions of laws.
Art.3. In this Account, the amount of assets belonging to it, shall be considered as capital.
Art.4. In this Account, revenues and expenditures shall be calculated and adjusted considering of origin of these items in order to manifest clearly the result of management and financial situation of Alcohol Monopoly.
The substance of the properties and debts be longing to this account shall be made clear in accordance with Cabinet Order.
Art.5. When it is necessary to pay expenses for equipment of enterprises in this account public loans may be issued or borrowings may be made on the charge of this Account.
The limit of the amount of public loans or borrowings provided in the preceding paragraph shall be voted in the Diet as a part of budget.
Art.6. In case where it is necessary to appropriate the working capital, temporary borrowing, issuance of accommodation bond or advance from available amount of national treasury may be made on the charge of this Account.
Temporary borrowing and accommodation bond provided in the preceding paragraph shall be redempted at the latest in the course of the next fiscal year and advance in the current fiscal year.
The limit of temporary loan, accommodation bond and advance provided for in paragraph 1 shall be voted in the national Diet as a part of budget.
Art.7. The Minister of Finance shall exercise the affairs concerning public bond, borrowing temporary borrowing and issuance or redemption of accommodation bond provided for in the preceding two articles.
Art.8. Necessary amount of the payment of redemption, interest and expenses concerning issuance or redemption of public bond, loan, temporary borrowing and accommodation bond under the charge of this Account, shall be every fiscal year transferred to the Special Account of National Debt Consolidation Fund excepting redemption which should be redempted in the current fiscal year.
Art.9. The Minister of Commerce and Industry shall prepare, every fiscal year, statement of anticipated revenues and expenditures of this Account, and the statement of demand of charge by national debt and should submit them to the Minister of Finance.
Art.10. The budget of this Account shall be divided into title and item according to the character of revenues and the object of expenditures.
Art.11. The Cabinet shall prepare, every fiscal year, the budget of this Account and submit it to be Diet with budget of General Account.
The budget mentioned in the preceding paragraph shall be accompanied with the documents stated below:
1. Statement of anticipated revenues and expenditures, Statemen of requisition of National Liability.
2. Profit and loss account of the fiscal year before last, Balance sheet of the fiscal year before last, Inventry of property of the fiscal year before last.
3. Statement of estimated revenues and expenditures of the preceding and the present fiscal years. Blance sheet of the preceding and the present fiscal years.
4. Statement of explanation concerning: Amount of payment and estimated amount of payment effected by the end of the preceding fiscal year concerning the national Liability which are carried forward to the next fiscal year. Estimated amount of payment on and after the present fiscal year the whole plan and conditions of progfiress of enterprises which are carried forward to the following several years.
Art.12. In case where surplus funds are produced by the settlement of this Account they shall be paid into the revenue of General Account in the fiscal year in which the surplus was produced.
Art.13. The Minister of Commerce and Industry shall prepare the statement of settled account of revenues and expenditures of this Account with the same classification of the statement of estimated revenues and expenditures and shall submit it to the Minister of Finance.
Art.14. The Cabinet shall prepare, every fiscal year, the statement of the settlement of revenues and expenditures of this Account and should submit it together with that General Account to the Diet.
The statement of the settlement of revenues and expenditures mentioned in the preceding paragraph shall be accompanied with the documents states below:
1. Statement of the settled account of revenues and expenditures,
2. Profit and loss account of the fiscal year concerned, Balance sheet of the fiscal year concerned, Inventry of property of the fiscal year concerned,
3. Statement of the account of liabilities.
Art.15. The amount of expenditure which is charged to expend in this account and is not actually paid during the current fiscal year may be carried forward to the next fiscal year and it may be paid.
As regards transfer provided in the preceding paragraph, it is not necessary to obtain the approval of the Minister of Finance, notwithstnding the provisions of Article 43 of Finance Law.
In case where the transferring of the preceding paragraph has been operated, the Minister of Commerce and Industry shall notify the Minister of Finance and Board of Audit about it.
Art.16. Matters necessary for the enforcement of this law shall be decided by Cabinet Order.
Supplementary Provisions:
Art.1. The present law shall come into force as from April 1, 1947, provided, however, that the provisions of Art.5 of supplementary provisions shall come into force as from the date of promulgation of this law.
Art.2. Goods and other assets other than those belonging to the capital of the present Special Account of Fuel Bureau on March 31, 1947 shall be transferred to the property of this account and the expenditure which is not disbursed on the same day shall be transferred to loaned capital.
Art.3. Advance transferred from loan or available amount of national treasury in orper to make up deferred working capital in accordance with the provisions of the Article 3 of the present Special Account of Fuel Bureau shall be considered as temporary borrowing or advance provided in the Article 6 of the present law.
Art.4. The amount of expenses in the budget of expenditure of general account in the 21st year of Showa concerning the enterprises of alcohol Monopoly which is conducted during the fiscal year and is not completely disbursed by April 30, 1947, may be transferred to this account and used in it.
Art.5. The profit resulted from the settlement in this account may be transferred in general account by the following fiscal year only between three years since the enforcement of this Law in accordance with the Cabinet Order in spite of the provisions of Art.12.
Art.6. In case where the increase of capital is necessary, surplus produced in the account of profit and loss may be appropriated to it according to the decision of budget.
Art.7. With regards the disbursement from the reserve fund made prior to enfoccment of this law and the settlement for budget for the fiscal year 1945 and 1946, former provisions shall still prevail.
Art.8. The terms "Diet" , "Cabinet" and "Cabinet Order" in this Law shall read "the Imperial Diet" , "the Government" and "Imperial Ordinance" until the day of enforcement of the Constitution of Japan.