I hereby give My sanction to the Law regarding the partial amendment of the State Property 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 twenty-eighth day of the fourth month of the twenty-second year of Showa (April 28, 1947)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Finance ISHIBASHI Tanzan
A part of the State Property Law shall be amended as follows:
In Article 1, "the Imperial Ordinance" shall read "the Cabinet Order."
Article 3. The Speaker of the House of Representatives, the President of the House of Councillors, the President of the Supreme Court, the Director-General of the Board of Audit, the Prime Minister and each Minister (hereinafter referred to as chief of respective Ministry and Bureau) shall maintain, take into custody and make use of (hereinafter referred to as administration) the state property that fall under their jurisdction.
Article 3-2. The Minister of Finance shall administrate and dispose the unutilized property except when the law prescribes.
Article 3-3. When the utilization or the object of utilization of the public property, the official property and the property for forestry management are abolished, they shall be handed over to the Minister of Finance except when the law prescribes.
Article 3-4. The Minister of Finance shall supervise the administration and disposition of state property done by the chief of respective Ministry and Bureau in order to expect the best administration.
The Minister of Finance, when necessity happens, may call for the reports about the condition of the state property to the respective Ministry and Bureau, or practice the actual inspection, or take initiative concerning the change of utilization or cancellation of utilization or using object or exchange of administration, or give necessary instruction after consulting with the Cabinet Council.
Article 5. The unutilized property shall not be transferred free of charge except when the laws specially prescribe.
In paragraph 1 of the Article 7 "for the use of the Imperial House or the State" shall read "state or," "or private individuals" shall be deleted and "Imperial Ordinance" shall read "Cabinet Order."
In Article 8 "the Government" shall read "chief of respective Ministry and Bureau who administrates the property."
Article 9. The sale price or the margin of exchange of the state property shall be paid in advance when the state property will be delivered. However, when it is reasonable that the public corporations or bodies undertaking the educational or social work, have not enough to pay the sale price or the margin of exchange at one time, the special contract of deferring of payment not extending more than five years, may be concluded. When the special contract of deferring of payment in the preceding paragraph is made, the matters necessary for the period of deferring and the hypothec shall be decided by the chief of respective Ministry and Bureau after consulting with the Minister who supervise such corporations or bodies and with the Minister of Finance.
In connection with, the contract of deferring of payment mentioned in the proviso of paragraph 1 the chief of respective Ministry and Bureau shall immediately cancel such contract in either of the following cases:
1. Properties are inadequately maintained.
2. The annual payments is less than the rental value and taxes.
Article 13 shall be deleted.
In Article 14 and Article 19 "the Government" shall read "respective Ministry and Bureau which administrated the property."
In paragraph 1-1 of the Article 15 "80 years" shall read "60 years."
Article 16. Except when necessary for public use or official use or necessary for use of public welfare works by public corporations and when the law provides, state property shall not be leased free of charge.
In the case when foregoing free lease contract is to be made the chief of respective Ministry and Bureau shall consult with the chief of Ministry and Bureau which supervises such corporations and with the Minister of Finance.
In connection with the free lease contract mentioned in the two foregoing paragraphs the chief of the respective Ministry or Bureau shall immediately cancel such contract when he finds the maintenance of the property inadequate.
In the case of the free lease contract in the preceding paragraph, the status quo of the leased state property at the end of every fiscal year shall be reported to the ordinary session of the next fiscal year in accordance with the Cabinet Order.
In paragraph 1 of Article 18 "for the Imperial House to use it or" and "or private individuals" shall be deleted. In the same paragraph "the State" shall read "the State and" and "the Government" shall read "the chief of Ministry or Bureau who administrates the property." In paragraph 2 of Article 18 "to the chief of the Ministry or Bureau who administrates the property" shall be added after the words "may request" and the following two paragraphs shall be added after paragraph 2 of the same Article.
The claim in the preceding paragraph may be submitted through chief of respective Ministry or Bureau who administrates the property to the Board of Audit to be examined.
The competent chief of Ministry or Bureau must take due proposal based on the Settlement of Board of Audit.
Article 21 shall be deleted.
Article 22 shall be deleted.
Article 23 shall be deleted.
In Article 25. "the government" shall read "the respective Ministry and Bureau."
Article 26. The chief of respective Ministry and Bureau shall prepare a statement of increase and decrease in state property and a statement of existing amount of state property at the end of every fiscal year, and submit to the Minister of Finance by August 31 of next fiscal year.
The Minister of Finance shall prepare the comprehensive Statement of increase and decrease in state property and the comprehensive statement of entire state property, basing on the two statements described in the preceding paragraph.
The Cabinet shall send the comprehensive statement of increase and decrease in state property and the comprehensive statement of entire state property, prepared by the Minister of Finance accompanying with the statement of increase and decrease in state property and statement of existing amount of state property of respective Ministry and Bureau by November 30 of that fiscal year to the Board of Audit.
Article 26-2. The Cabinet shall submit the general statement of increase and decrease and the comprehensive statement of entire state property provided for in paragraph 3 of the preceding Article after the examination by the Board of Audit, to the next ordinary session of the Diet, together with examination reports of the Board of Audit and the statements of respective Ministry and Bureau mentioned in the preceding Article.
Article 26-3. The chief of respective Ministry and Bureau shall prepare every year the reports on the state property which is expected to exist as of March 31 of that fiscal year and next fiscal year to submit them to the Minister of Finance by September 30 of that year.
The Minister of Finance shall prepare the comprehensive statement of entire state property above mentioned, based on the Minister's and Chief's reports.
Article 29-3. Shall be deleted.
Article 29-4. Reports on increase and decrease on existing amount of state property provided in Article 26 may be omitted since 1944 concerning Korea, Formosa, Saghalien, Japan Mandate, Kwantung Province and Foreign Countries.
In Article 31 "paragraph 2 of Article 3" shall be added after the words "Article 2."
Article 33 shall be deleted.
Supplementary Provisions:
The present Law shall come into force as from the day of enforcement of the Constitution of Japan, however Article 26 shall be applied to the reports from 1946.
The competent chief of respective Ministry and Bureau need not hand over the Ministry of Finance, concerning the property which belongs to the State Forestry and Estate under Agricultural and Forestry Minister, the Property, designated as Historical and Scenic Spots and as Natural Monuments, and the property which belongs to the Imperial Railway Special Account, Communication Service Special Account, Post Office Insurance Special Account, despite the provision of Article 3-3.
The competent chief of respective Ministry and Bureau shall administrate and dispose the properties, which need not be handed over the Minister of Finance in accordance with the preceding paragraph.
Investigation Committee on the Legislation on the State Property shall be established in the Cabinet for the purpose of putting the Laws and Institutions about State Property in good order.
The Committee shall consist of the Chairman and the members not exceeding 6 in number.
The Minister of Finance shall become the Chairman of the Investigation Committee on the Legislation of the State Property, which shall be appointed by the Prime Minister among the duly authorized officials of the Board of Audit, other competent Ministries and Bureaus, men of scholarship or experience.
The Investigation Committee on Legislation of State Property shall make the Drafts of Law concerning the State Property and the Cabinet shall submit it to the next ordinary session of the Diet.
The necessary matters for the Investigation Committee on Legislation of State Property shall be decided by the Cabinet Order.