THE SOLID FUEL DISTRIBUTION PUBLIC CORPORATION LAW
法令番号: 法律第56号
公布年月日: 昭和22年4月15日
法令の形式: 法律

審議経過

I hereby give My sanction to the Solid Fuel Distribution Public Corporation, 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 fourteenth day of the fourth month of the twenty-second year of Showa (April 14, 1947)
Countersigned: Prime Minister　YOSHIDA Shigeru
Minister for Home Affairs　UEHARA Etsujiro
Minister of Finance　ISHIBASHI Tanzan
Minister of Commerce and Industry　ISHII Mitsujiro
Law No.56
THE SOLID FUEL DISTRIBUTION PUBLIC CORPORATION LAW
Chapter 1. General Provisions
Art.1.　The Solid Fuel Distribution Public Corporation shall have for its object the performance of appropriate and equitable distribution of coal, coke and lignite enumerated in the appended list No.1 (hereinafter called designated lignite) in accordance with the quota program and rationing procedures set up or to be set up by the Director-General of the Economic Stabilization Board.
The Solid Fuel Distribution Public Corporation shall be a juridical person.
Art.2.　The main office of the Solid Fuel Distribution Public Corporation shall be established in Tokyo.
The Solid Fuel Distribution Public Corporation may with the approval of the competent Minister establish branch offices where necessary for the purposes of distribution.
Art.3.　The authorized fixed capital of the Solid Fuel Distribution Public Corporation shall be \300,000,000
to be subscribed exclusively by the government.
Working capital shall be obtained by loan when necessary from the Reconstruction Finance Corporation.
Art.4.　The Solid Fuel Distribution Public Corporation shall stipulate the following matters in its Articles of Incorporation:
1.　Object,
2.　Firm name,
3.　Location of office,
4.　Matters relative to capital,
5.　Matters relative to officers,
6.　Matters relative to business and its execution,
7.　Matters relative to accounting,
8.　Matters relative to public notices.
The Articles of Incorporation may be revised with approval of the competent Minister and the Director-General of the Economic Stabilization Board.
Art.5.　The Solid Fuel Distribution Public Corporation shall effect registration as prescribed by Imperial Ordinances.
The matters required to be registered as provided for in the preceding paragraph shall not be valid against a third person unless they are registered.
Art.6.　The Solid Fuel Distribution Public Corporation shall not be levied income tax and corporation tax.
The prefecture, city, town, village and those corresponding to them shall not levy local taxes on the enterprise of the Solid Fuel Distribution Public Corporation. This shall not apply where the Ministers of Home Affairs and Finance have approved under special circumstance.
Art.7.　The Solid Fuel Distribution Public Corporation shall be dissolved by the nullification of the Temporary Supply and Demand Adjustment Act or by the Order of the Director-General of the Economic Stabilization Board.
In addition to the matters referred to in the preceding paragraph, those necessary for the dissolution of the Solid Fuel Distribution Public Corporation shall be prescribed by Imperial Ordinance.
Art.8.　Any person other than the Solid Fuel Distribution Public Corporation shall not use the words Solid Fuel Distribution Public Corporation or similar words in his firm name.
Art.9.　The provisions of Articles 44, 50, 54 and 57 of the Civil Code and Art.35, paragraph 1 of the Non-litigant Case Procedural Law shall apply correspondingly to the Solid Fuel Distribution Public Corporation.
Chapter 2. Officers and Personnels
Art.10.　The Solid Fuel Distribution Public Corporation shall have as its officers one president, one vice-president, two or more directors and one or more auditors.
The President shall represent the Solid Fuel Distribution Public Corporation and supervise its business in accordance with the provisions of Art.15.
The Vice-president shall, as prescribed in the Articles of Incorporation, represent the Solid Fuel Distribution Public Corporation, assist the President in conducting the business of the Corporation act for him in case he cannot take his duty, and performs his function in case his post becomes vacant.
The Directors shall as prescribed in the Articles of Incorporation represent the Solid Fuel Distribution Public Corporation, assist the President and the Vice-president in conducting the business of the Corporation, act for them in case they cannot take their duties, and perform their functions in case their positions become vacant.
The Auditors shall inspect the business of the Solid Fuel Distribution Public Corporation.
Art.11.　The President, Vice-president, Directors and Auditors shall be appointed by the competent Minister.
Art.12.　The President, Vice-president and Directors may in accordance with the provisions of the Articles of Incorporation delegate power to officers and personnels of the Solid Fuel Distribution Public Corporation who shall have authority to perform all juridical and non-juridical matters in regard to the affairs or the main or subordinate offices.
Art.13.　The officers and personnels of the Solid Fuel Distribution Public Corporation shall not be permitted to be stockholders or employees or to have any beneficial interests in any company or enterprise engaged in the production, assorting, storage, processing, purchase, sale and transport of coal, coke and lignite.
Art.14.　The officers and personnels of the Solid Fuel Distribution Public Corporation shall be government officials and personnels.
The ranking of the President shall be of the same class or rank as the Vice-minister of Commerce and Industry. Officers other than the President shall be officials of 1st class or of the same rank, and personnels shall be officials of 1st, 2nd, or 3rd class or of the same rank. The competent Minister shall fix the number of the above staff.
The officers and personnels of the Solid Fuel Distribution Public Corporation shall be governed by all laws and ordinances relating to the government personnels provided the cases that the competent Minister shall stipulate special exceptions concerning the amount of salaries, allowances, other civil service rules, etc. with the approval of the Director-General of the Economic Stabilization Board may be exempted.
Chapter 3. Business
Art.15.　The Solid Fuel Distribution Public Corporation shall perform the following business under the supervision of the competent Minister in accordance with the quota programs, rationing procedures and directions relating thereto set up and issued by the Director-General of the Economic Stabilization Board:
1.　Sole purchase and sale of coal, coke, and designated lignite at prices established by the Price Board
2.　Storage examination and transportation of coal, coke and designated lignite
3.　Matters incidental to the business prescribed in the preceding items.
Art.16.　The Solid Fuel Distribution Public Corporation shall purchase all coal, coke, and designated lignite produced by the producers of coal, coke, and designated lignite from them.
The Solid Fuel Distribution Public Corporation shall take delivery of the materials prescribed in the preceding paragraph at the mine or at some other places or delivery designated by the competent Minister with the consent of the DirectorGeneral of the Economic Stabilization Board.
The competent Minister, with the consent of the Director-General of the Economic Stabilization Board, may deal with other necessary matters than those prescribed in the preceding two paragraphs concerned with the purchase and sale of coal, coke, and designated lignite.
The Solid Fuel Distribution Public Corporation shall let its officers or personnels make exact inspection or examination concerning the quality, quantity and other necessary items of coal, coke, and designated lignite to be delivered at the place of delivery prescribed in paragraph 2.
The Solid Fuel Distribution Public Corporation shall let its officers or personnels carry the identification certificates to prove their qualification as prescribed by orders, in case the inspection or examination is made in accordance with the provisions of the preceding paragraph.
Art.17.　The Solid Fuel Distribution Public Corporation at the commencement of its functioning shall establish its method of doing business and submit the same to the Director-General of the Economic Stabilization Board for his approval. This shall also apply to where a change is to be made thereto.
The Director-General of the Economic Stabilization Board shall inquire of the competent Minister and the Minister of Finance, in case he makes an approval as is referred to in the preceding paragraph. In this case, however, the final decision and approval shall be the responsibility of the Director-General of the Economic Stabilization Board.
Art.18.　The Solid Fuel Distribution Public Corporation shall at the beginning of the first term and second term of each business year, establish a business program and financial program for every six months and submit the same to the DirectorGeneral of the Economic Stabilization Board for his approval. This shall also apply where a change is to be made.
The Director-General of the Economic Stabilization Board shall inquire of the competent Minister and the Minister of Finance in case he makes an approval as in referred to in the preceding paragraph. In this case, however, the final decision and approval shall be the responsibility of the Director-General of the Economic Stabilization Board.
Chapter 4. Accounting
Art.19.　The business year of the Solid Fuel Distribution Public Corporation shall be from April each year to March of the following year and devided into the first term and the second term.
Art.20.　The Solid Fuel Distribution Public Corporation shall prepare a statement of assets, a balance sheet, and a statement of profit and loss for each term of the preceding Article, and submit them to the Director-General of the Economic Stabilization Board for his approval within two months of the conclusion of the business year.
The Director-General of the Economic Stabilization Board shall inquire of the competent Minister and the Minister of Finance in case he makes an approval in accordance with the provisions of the preceding paragraph. In this case, however, the final decision and approval shall be the responsibility of the Director-General of the Economic Stabilization Board.
The Solid Fuel Distribution Public Corporation shall, when it has obtained the approval of the Director-General of the Economic Stabilization Board in accordance with the provisions of paragraph 1, make a public notice of the statement of assets, balance sheet and the statement of profit and loss and keep them together with the Articles of Incorporation in each office.
The statement of assets, balance sheet and statement of profit and loss of the preceding paragraph shall be audited and approved by the Board of Audit.
The Solid Fuel Distribution Public Corporation shall, with the approval of the Director-General of the Economic Stabilization Board, pay the surplus fund to the National Treasury, as determined by stipulations of Ordinance.
All books, documents and records of the Solid Fuel Distribution Public Corporation shall be clearly written and available for inspection by the Board of Audit, Economic Stabilization Board and the competent Ministry.
The Board of Audit shall arrange for a continual and accurate audit of the same.
Chapter 5. Supervision and Fostering
Art.21.　The Director-General of the Economic Stabilization Board shall direct and supervise the Solid Fuel Distribution Public Corporation in regard to quota program and rationing procedure.
The Director-General of the Economic Stabilization Board may, when deemed necessary, to secure appropriate distribution of coal, coke or designated lignite issue orders necessary for supervision to the Solid Fuel Distribution Public Corporation.
The competent Minister may, when deemed necessary for securing the appropriate distribution of coal, coke or designated lignite, issue orders necessary for supervision to the Solid Fuel Distribution Public Corporation within the quota programs and rationing procedures set up or to be set up by the Director-General of the Economic Stabilization Board.
The competent Minister or the Director-General of the Economic Stabilization Board may, when deemed necessary, have the Solid Fuel Distribution Public Corporation submit a report or have an official concerned inspect a necessary place to examine the state or business, accounting books, documents or any other necessary matters.
In case the official concerned is sent for inspection and examination in accordance with the provisions or the preceding paragraph, he shall carry an identification certificate to prove his post as prescribed by Orders.
Art.22.　The Solid Fuel Distribution Public Corporation shall prepare rules on remuneration for its officers and personnels when deemed necessary to pay special payment to them, and submit them to the Director-General of the Economic Stabilization Board for his approval. This shall apply where a change is to be made thereto.
The Director-General of the Economic Stabilization Board shall inquire of the competent Minister and the Minister of Finance when he makes an approval in accordance with the provisions of the preceding paragraph. In this case, however, the final decision and approval shall be the responsibility or the Director-General of the Economic Stabilization Board.
Art.23.　The competent Minister may remove an officer of the Solid Fuel Distribution Public Corporation in case he violates Laws and Ordinances the Articles of Incorporation or Ordinances issued on the basis of this Law.
The Director-General of the Economic Stabilization Board may also remove an officer of the Solid Fuel Distribution Public Corporation if he considers that the officer is not suitable or properly carrying out his duty in connection with the objects and business of the Solid Fuel Distribution Public Corporation.
Art.24.　The competent Minister may, when deemed necessary for the operation of the Solid Fuel Distribution Public Corporation order the appropriate liquidating authorities of the Japan Coal Company, Ltd., the Coal Sales Companies enumerated in the Appended List No.2 (hereinafter called designated companies), or the Japan Lignite Company, Ltd. to lease any or all facilities owned by the said companies to the Solid Fuel Distribution Public Corporation.
The competent Minister may, when deemed necessary for the operation of the Solid Fuel Distribution Public Corporation order owners, exclusive holders, or persons having custody including the Minister of Finance, or facilities required by the Solid Fuel Distribution Public Corporation to lease them to the Solid Fuel Distribution Public Corporation.
A fair and adequate rental for the use of such facilities in accordance with the provisions of the preceding two paragraphs shall be determined by the Director-General of the Economic Stabilization Board based on policies established by him.
When the rental is determined in accordance with the provision of the preceding paragraph, the Solid Fuel Distribution Public Corporation shall lease the facilities referred to in paragraph 1 or 2 for the period of time not exceeding its life, prescribed in Art.7, par.1, with the approval of the Director-General of the Economic Stabilization Board.
The competent Minister may, when deemed necessary for the operation of the Solid Fuel Distribution Public Corporation order the appropriate liquidating authority of the companies stipulated in par.1 to deliver or hand over to the Solid Fuel Distribution Public Corporation any or all material owned by or in possession of those companies.
In case of the preceding paragraph, the Solid Fuel Distribution Public Corporation shall pay fair compensation to the parties concerned within one month of the materials being taken over or being delivered by the Solid Fuel Distribution Public Corporation.
The competent Minister shall not issue order of paragraph 5, unless necessary provisions are made for compensation of the preceding paragraph with the approval of the Director-General of the Economic Stabilization Board.
The competent Minister shall be responsible for having the Solid Fuel Distribution Public Corporation arrange for care, or when deemed necessary, for insurance of all facilities leased by the Solid Fuel Distribution Public Corporation.
The competent Minister may order or request the Solid Fuel Distribution Public Corporation or other parties concerned including any Minister, to make prompt arrangements for the execution of the preceding each paragraph.
Chapter 6. Penalties
Art.25.　Those who violate the provisions prescribed in Art.24, pars.1, 2, or 5 shall be liable to penal servitude not exceeding five years or a fine, not exceeding\50,000.
Art.26.　Officers or personnels of the Solid Fuel Distribution Public Corporation who come under one of the following items shall be liable to penal servitude not exceeding five years or a fine not exceeding\50,000:
1.　Those who perform business which is not prescribed in Art.15, par.1,
2.　Those who violate the orders relative to supervision of the Director-General of the Economic Stabilization Board or the competent Minister as provided for in Art.21, par.2 or 3.
Art.27.　All persons who fail to report as requried under this Law or submit a falsified report or refuse, interfere, or evade inspections shall be liable to a penal servitude not exceeding one year or a fine not exceeding\10,000.
Art.28.　All persons who violate the provisions prescribed in the preceding three Articles may be liable to both the penal servitude and the fine, in case deemed necessary from the circumstances.
In case a representative of a juridical person or an agent of employee or any other person engaged by juridical person or a person commit the violation mentioned in Art.25 with regard to the business of the respective juridical person or the person, the respective juridical person or the person shall be liable to fine of Art.25, besides punishing the offender.
Art.29.　Those who use the name of the Solid Fuel Distribution Public Corporation or a similar name in violation of the provisions of Art. shall be liable to a fine not exceeding\10,000.
Supplementary Provisions:
Art.30.　The date of the enforcement of this Law shall be set forth by Imperial Ordinance.
Art.31.　The Coal and Coke Distribution Control Law and its Enforcement Ordinance shall be abolished on the day of the establishment of the Solid Fuel Distribution Public Corporation; provided that, as regard the application of penal clauses pertaining to conducts done on the basis of the said Law and Ordinance, the said Law and Ordinance shall be effective even after their expiration.
Art.32.　This Law shall be null and void on April 1, 1948 or at the time of the dissolution of the Economic Stabilization Board, whichever the earlier.
The Solid Fuel Distribution Public Corporation shall be dissolved at the time prescribed in the preceding paragraph. In so far as the application of penal regulations for acts done up to then and the liquidation of the Solid Fuel Distribution Public Corporation are concerned, however, this Law shall hold good even after that date.
Art.33.　When the Solid Fuel Distribution Pubic Corporation is established, the Japan Coal Company, Ltd., the designated companies and the Japan Lignite Company, Ltd., shall be dissolved.
The liquidation prescribed in the preceding paragraph shall be finished by April 1, 1948.
Art.34.　The Imperial Japanese Government shall appoint an organizing committee to take charge of works relative to the establishment of the Solid Fuel Distribution Public Corporation.
Art.35.　The organizing committee shall prepare Articles of Incorporation and obtain the approval of the competent Minister and the Director-General of the Economic Stabilization Board to the same.
The organizing committee shall, when the approval referred to in the preceding paragraph has been given, demand payment of the authorized fixed capital without delay.
Art.36.　The organizing committee, when payment of the authorized fixed capital has been made, shall transfer its work to the President of the Solid Fuel Distribution Public Corporation without delay.
When the President has taken over the work referred to in the preceding paragraph, all of the President, Vice-president, Directors and Auditors shall effect the registration of the establishment without delay.
The Solid Fuel Distribution Public Corporation shall come into being upon the registration of the establishment.
Art.37.　The provisions of Art.8 shall not apply for 6 months after the enforcement of this Law to these other than the Solid Fuel Distribution Public Corporation who use the name of the Solid Fuel Distribution Public Corporation or similar names at the time when this Law is put into effect.
Appended List No.1
The lignite which shall be designated in accordance with Art.1 of this Law is as follows:
The lignite over 3,500 calories.
Appended List No.2
The coal sales companies which shall be designated in accordance with Art.24 of this Law are as follows:
Hokkaido Coal Sales Company, Ltd.
Tohoku ,,
Kanto ,,
Tokai ,,
Kinki ,,
Chugoku ,,
Shikoku ,,
Kyushu ,