THE INDUSTRIAL RECONSTRUCTION PUBLIC CORPORATION LAW
法令番号: 法律第57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 Industrial Reconstruction Public Corporation Law, 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 of Justice　KIMURA Tokutaro
Minister for Home Affairs　UEHARA Etsujiro
Minister of Finance　ISHIBASHI Tanzan
Minister of Commerce and Industry　ISHII Mitsujiro
Law No.57
THE INDUSTRIAL RECONSTRUCTION PUBLIC CORPORATION LAW
Chapter 1. General Provisions
Art.1.　The Industrial Reconstruction Public Corporation shall have, for its object, the abjustment and utilization of industrial equipment and materials in order to facilitate rehabilitation of past war industry under the basic industrial policies and plans set up or to be set up by the Director-General of the Economic Stabilization Board.
The Industrial Reconstruction Public Corporation shall be a juridical person.
Art.2.　The main office of the Industrial Reconstruction Public Corporation shall be established in Tokyo.
The Industrial Reconstruction Public Corporation may, with the approval of the competent Minister, establish branch offices where essential for the business mentioned in Anticle 16.
Art.3.　The authorized fixed capital of the Industrial Reconstruction Public Corporation shall be \200,000,000.
The authorized fixed capital of the preceding paragraph shall be subscribed exclusively by the Government.
Working capital shall, when necessary, be obtained by loan from the Reconstruction Finance Bank.
Art.4.　The Industrial Reconstruction Public. Corporation shall stipulate the following matters in its Articles of Incorporation:
1.　Object
2.　Firm name
3.　Location of offices
4.　Matters relative to capital
5.　Matters relative to officers
6.　Matters relative to business and its execution
7.　Matters relative to accounting
8.　Method of public notices
The Articles of Incorporation may be revised with the approval of the competent Minister and the Director-General of the Economic Stabilization Board.
Art.5.　The Industrial Reconstruction Public Corporation shall be registered in accordance with the provisions of Imperial Ordinance.
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 Industrial Reconstruction Public Corporation shall not be levied the Income Tax and the Corporation Tax.
The prefecture, city, town, village and those corresponding to them shall not levy local taxes on the enterprise of the Industrial Reconstruction Public Corporation. This shall, however, not apply where the Ministers of Home Affairs and Finance have approved under a special circumstance.
Art.7.　In case the industrial Reconstruction Public Corporation has effected registration as regards acquisition of right to real estate or preservation of ownership thereof relating to the business prescribed in Article 16, the amount of the Registration Tax shall be 0.15% of the value of the real estate.
Art.8.　The Industrial Reconstruction Public Corporation shall be dissolved by the order of the Director-General of the Economic Stabilization Board.
In case the Director-General of the Economic Stabilization Board issues the preceding Order, he shall consult with the Minister of Commerce and Industry. In the above case, the final responsibility of the order shall rest upon the Director-General of the Economic Stabilization Board.
The matters necessary in case of dissolution of the Industrial Reconstruction Public Corporation shall, besides those provides for in the preceding paragraph, be prescribed by Imperial Ordinance.
Art.9.　Any person other than the Industrial Reconstruction Public Corporation shall not use the title of Industrial Reconstruction Public Corporation or similar title in his firm name.
Art.10.　The provisions of Articles 44, 50, 54 and 57 of the Civil Code and Article 35, paragraph 1 of the Non-litigant Case Procedural Law shall apply correspondently to the Industrial Reconstruction Public Corporation.
Chapter 2. Officers and Personnels
Art.11.　The Industrial Reconstruction 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 Industrial Reconstruction Public Corporation and supervise its business in accordance with the provisions of Article 16.
The Vice-president shall, as prescribed in the Articles of Incorporation, represent the Industrial Reconstruction Public Corporation, assist the President in conducting business, act for him in case he cannot take his duty, and perform his function in case his post becomes vacant.
The Directors shall, as prescribed in the Articles of Incorporation, represent the Industrial Reconstruction Public Corporation, assist the president and the Vice-president in conducting business, act for them in case they cannot take their duties, and perform their function in case their positions become vacant.
The Auditors shall inspect the business of the Industrial Reconstruction Public Corporation.
Art.12.　The President, Vice-president, directors and auditors shall be appointed by the competent Minister.
Art.13.　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 Industrial Reconstruction Public Corporation, who shall have authority to perform all juridical and non-juridical matters in regard to the affairs of the main or branch offices.
Art.14.　The officers and personnels shall not hold stocks of any company which acquires the lease of industrial equipments or materials from the Industrial Reconstruction Public Corporation, or engage in business of company thereof or the other enterprise, and or have any beneficial relation with the business thereof.
Art.15.　The officers and personnels of the Industrial Reconstruction Public Corporation shall be government officials and personnels.
The President shall be treated as Shinnin Rank official, officers other than the president shall be of first class officials or treated as such, other personnels shall be of first, second, or third class officials, or treated as such. The competent Minister shall fix the number of the above staff.
The officers and personnels of the Industrial Reconstruction Public Corporation shall be governed by all laws and ordinances relating to the government officials;provided the cases that the competent Minister stipulates the special exception concerning the amount of salaries, civil service rules, etc., with the approval of the Director-General of the Economic Stablilization Board.
Chapter 3. Business
Art.16.　The Industrial Reconstruction Public Corporation shall perform, under the direction and supervision of the competent Minister, the following business in conformity with the basic industrial policies and programs to be established by the Director-General of the Economic Stabilization Board:
1.　Construction and lease or sale of industrial equipment, under the program to be established by the Director-General of the Economic Stablization Board,
2.　Purchase and lease or sale of industrial equipment or materials, under the program to be established by the Director-General of the Economic Stabilization Board,
3.　Enterprises designated by the Director-General of the Economic Stabilization Board, other than those listed in the above two items.
Art.17.　The Industrial Reconstruction Public Corporation shall, at the commencement of its functioning establish its method of doing business, submit the same to the Director-General of the Economic Stabilization Board, and receive his approval thereon. This shall also apply where a change is to be made thereto.
The Director-General of the Economic Stabilization Board shall consult with the Minister of Commerce and Industry and the Minister of Finance, in case he gives the approval provided for by the preceding paragraph. In this case, however, the final responsibility for the approval shall rest with the Director-General of the Economic Stabilization Board.
Art.18.　The Industrial Reconstruction Public Corporation shall, at the beginning of first term and second term of each business year, establish a business program and financial program for each respective term and submit the same to the Director-General of the Economic Stabilization Board for his approval. This shall also apply where a change is to be made thereto.
The Directoor-General of the Economic Stabilization Board shall consult with the Minister of Commerce and Industry and the Minister of Finance, in case he gives the approval provided for by the preceding Article. In this case, however, the final responsibility for approval shall rest with the Director-General of the Economic Stabilization Board.
Chapter 4. Accounting
Art.19.　The business year of the Industrial Reconstruction Public Corporation shall be from April each year to March of the following year and divided into the first term and the second term.
Art.20.　The Industrial Reconstruction Public Corporation shall prepare a statement of assets, a blance sheet and a statement of profit and loss for each term provided for by the preceding Article, and submit them to the Director-General of the Economic Stabilization Board, for his approval within two months after the conclusion of the business year.
The Director-General of the Economic Stabilization Board shall consult with the Minister of Commerce and Industry and the Minister of Finance, in case he gives the approval provided for by the preceding paragraph. In this case, however, the final responsibility for approval shall rest with the Director-General of the Economic Stabilization Board.
The Industrial Reconstruction Public Corporation shall, when it has obtained the approval prescribed in 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 the statement of profit and loss of the preceding paragraph shall be audited and approved by the Board of Audit.
The Industrial Reconstruction Public Corporation shall, when it has obtained the approval of the Director-General of the Economic Stabilization Board, pay the surplus fund to the National Treasury, in accordance with the provisions of the Ordinance.
All books, documents and records of the Industrial Reconstruction Public Corporation shall be clearly written and available for inspection by the Board of Audit, the Economic Stabilization Board and the competent Ministry.
The Board of Audit shall make a continual and accurate audit as provided for by the preceding paragraph.
Chapter 5. Supervision and Fostering
Art.21.　The Director-General of the Economic Stabilization Board shall direct and supervise the Industrial Reconstruction Public Corporation in regard to its foundamental industrial policies and programs.
The Director-General of the Economic Stabilization Board may, when deemed necessary to plan speedy re-establishment of industrial enterprises, issue, for supervision, a necessary order to the Industrial Reconstruction Public Corporation.
The competent Minister may, when deemed necessary in accordance with the basic industrial policy and its planning, issue, for supervision, a necessary order to the Industrial Reconstruction Public Corporation.
The competent Minister or the Director-General of the Economic Stabilization Board may, when deemed necessary, make the Industrial Reconstruction Public Corporation or those receiving the lease of industrial equipment or materials from the Industrial Reconstruction Public Corporation, submit a report or make an official concerned, inspect a necessary place to examine the state of business, books, documents or any other necessary matters.
In case the official concerned is sent for inspection and examination in accordance with the provisions of the preceding paragraph, he shall carry an identification certificate to prove his post as prescribed by orders.
Art.22.　The Industrial Reconstruction Public Corporation shall prepare rules on remuneration for its officers and personnels, when deemed necessary to pay special payment to them, and submit the said rules to the Director-General of the Economic Stabilization Board for the approval. This shall apply where a change is to be made thereto.
The Director-General of the Economic Stabilization Board shall consult with the competent Minister and the Minister of Finance, in case he gives the approval provided for by the preceding paragraph. In this case, however, the final responsibility for approval shall lie with the Director-General of the Economic Stablilization Board.
Article 23.　The competent Minister may remove an officer of the Industrial Reconstruction Public Corporation, in case he violates laws and ordinances, the Article of Incorporation or ordinances issued on the basis of this Law.
The Director-General of the Economic Stabilization Board may remove an officer of the Industrial Reconstruction Public Corporation, if he considers that he is not suitable or properly carrying out his duty in connection with the objects and business of the Industrial Reconstruction Public Corporation.
Article 24.　The competent Minister may, when deemed necessary for the operation of the Industrial Reconstruction Public Corporation, order the liquidator of the Industrial Equipment Corporation to lease any or all facilities owned by the Industrial Equipment Corporation to the Industrial Reconstruction Public Corporation.
Tne competent Minister may, when deemed necessary for the operation of the Industrial Reconstruction Public Corporation, order or request owners, exclusive holders, and persons having custody, including the Minister of Finance, of facilities required by the Industrial Reconstruction Public Corporation to lease the facilities concerned to the said Public Corporation.
A fair and adequate rental for the use of such facilities prescribed in the preceding two paragraphs shall be determined by the Director-General of the Economic Stabilization Board based on policies previously established by him.
When the rental is determined in accordance with the provisions of the preceding paragraph, the Industrial Reconstruction Public Corporation shall lease the facilities referred to in paragraphs 1 and 2, for period of time not exceeding its period of duration, prescribed in Art.8, par.1, with approval of the Director-General of the Economic Stabilization Board.
The competent Minister may, when deemed necessary for the operation of the Industrial Reconstruction Public Corporation, order the liquidator of the Industrial Equipment Corporation to hand over to the Industrial Reconstruction Public Corporation any or all materials owned by or in possession of the Industrial Equipment Corporation.
In case the order of the preceding paragraph is issued, the Industrial Reconstruction Public Corporation shall pay fair compensations to the parties concerned within one month of the materials, referred to in the preceding paragraph, being taken over by the Industrial Reconstruction Public Corporation.
The competent Minister shall not issue the 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 may, when deemed necessary for the operation of the Industrial Reconstruction Public Corporation, in accordance with policies established by the Director-General of the Economic Stabilization Board and with the approval of the Minister of Transporation, order or demand owners, exclusive holders or persons having custody including the Minister of Transportation, of transportation facilities to make them available for use by the Industrial Reconstruction Public Corporation.
In case of the preceding paragraph, the Industrial Reconstruction Public Corporation shall pay fair compensation to the parties concerned.
The competent Minister shall not issue the order or demand of paragraph 8, 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 to make the Industrial Reconstruction Public Corporation arrange for care, when deemed necessary, for insurance of all facilities leased by it, and for other disposals.
The competent Minister may order or demand the Industrial Reconstruction Public Corporation or other parties concerned, including any Minister, to make prompt arrangements for execution of the preceding paragraphs.
Chapter 6. Penalties
Article 25.　Those who violate the provisions prescribed in paragraphs 1, 2, 5 or 8 of the preceding Article shall be liable to penal servitude not exceeding 5 years and or a fine not exceeding \50,000.
Article 26.　Officers and personnels of the Industrial Reconstruction Public Corporation who come under and commit an act contrary to one of the following items shall be liable to penal servitude nor exceeding 5 years and or a fine not exceeding \50,000:
1.　Those who perform business which is not prescribed in Article 16,
2.　Those who violate an order relative to supervision of the Director-General of the Economic Stabilization Board or the competent Minister, prescribed in Article 21, paragraph 2 or 3.
Article 27.　Those who fail to report required under this Law or submit a falsified report or refuse, interfere or evade inspections shall be liable to a penal servitude not exceeding 1 year and or a fine not exceeding\10,000.
Article 28.　Those who violate the provisions of the preceding three Articles, may, in consideration of the extenuating circumstances, be liable concurrently to a penal servitude and a fine.
In case a representative of a juridical person (except the Industrial Reconstruction Public Corporation hereinafter the same) or an agent, employee or any other person engaged by juridical person or a persons, commits the violation mentioned in Article 25 or the preceding Article, 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 Article 25 or the preceding Article, in addition that the offender shall be punished.
Article 29.　Those who used the title of the Industrial Reconstruction Public Corporation or a similar title in violation of the provisions of Article 9, shall be liable to a fine not exceeding\10,000.
Supplementary Provisions:
Article 30.　The date of the enforcement of this Law in regard to each provisions shall be designated by an Imperial Ordinance.
Article 31.　The Industrial Reconstruction Corporation Law (hereinafter called the old Law) shall be abrogated;provided that the old Law shall remain in force even after the abrogation thereof, in regard to the application of penal provisions to any act under the old Law committed before the abrogation thereof.
Article 32.　The Industrial Reconstruction Corporation under the old Law, shall be the Industrial Reconstruction Public Corporation under the present Law, according to the provisions of Articles 33 to 37 inclusive.
Article 33.　The competent Minister shall establish a reorganization committee to deal with affairs necessary for the transformation of the Industrial Reconstruction Corporation into the Industrial Reconstruction Public Corporation.
Article 34.　The reorganization committee shall draft Articles of Incorporation for approval of the competent Minister and Director-General of the Economic Stabilization Board.
Article 35.　The investment by the Gevernment to the Industrial Reconstruction Corporation, shall be appropriated to the investment by the Government to the Industrial Reconstruction Public Corporation as provided for by the provisions of Article 3, paragraph 2.
Article 36.　The reorganization committee shall, upon approval as referred to in Article 34, transfer all the affairs without delay to the President of the Industrial Reconstruction Public Corporation.
All the President, Vice-president, directors, auditors shall, when the President has taken over all the affairs referred to in the preceding paragraph, effect the registration of the establishment without delay.
The Industrial Reconstruction Public Corporation shall come into existance upon the registration of establishment.
Article 37.　The Industrial Reconstruction Corporation shall be merged into the Industrial Reconstruction Public Corporation, upon the establishment of the latter, and all the rights and responsibilities to the Industrial Reconstruction Corporation shall be transferred to the Industrial Reconstruction Public Corporation, in accordance with the provisions of this Law.
Article 38.　The provisions of Article 9 shall not apply for 8 months after the enforcement of this Law to those other than the Industrial Reconstruction Public Corporation who use the title of Industrial Reconstruction Public Corporation or similar titles at the time this Law is put into effect.
Article 39.　A part of the Registration Tax Law shall be amended as follows:
In Art.19, item 7, "Industrial Reconstruction Corporation" and "Industrial Reconstruction Corporation Law" shall be deleted.
Article 40.　A part of the Stamp Tax Law shall be amended as follows:
Art.5-(6)-5-2 shall be deleted.