DISASTER RELIEF LAW
法令番号: 法律第118号
公布年月日: 昭和22年10月18日
法令の形式: 法律
I hereby promulgate the Disaster Relief Law.
Signed:HIROHITO, Seal of the Emperor
This eighteenth day of the tenth month of the twenty-second year of Showa (October 18, 1947)
Prime Minister KATAYAMA Tetsu
Law No.118
DISASTER RELIEF LAW
Chapter I General Rule
Article 1. The purpose of this Law is that, in case of emergency disasters, the Japanese Government will immediately take necessary relief measures under its responsibility with the cooperation of local public organizations, the Japan Red Cross Society, and other organizations, together with the cooperation of the people at large, for the protection of disaster-stricken people and for the preservation of social order.
Article 2. Relief in accordance with this Law shall be given to those who are stricken by emergency disaster covering whole or part of one or more than two prefectures (Tokyo Metropolis, Hokkaido and other Prefectures) and are in immediate need of emergency relief.
It will also be the same as in the case of the preceding paragraph when a large number of people are stricken by the same disaster and are in immediate need of emergency relief, though the scope of the disaster may not correspond to the provision prescribed in the preceding paragraph.
Article 3. In order to effect adequate and smooth operation of relief and other emergency measures, the Central Disaster Relief Planning Board and the Prefectural Disaster Relief Planning Board shall be set up respectively.
The Prefectural Disaster Relief Planning Board shall be set up in every prefecture.
The Prime Minister, when he deems it necessary, may set up a Regional Disaster Relief Planning Board covering more than two prefectural areas.
The Central Disaster Relief Planning Board, the Regional Disaster Relief Planning Board and the Prefectural Disaster Relief Planning Board shall be under the control of the Prime Minister.
Article 4. The functions of the Central Disaster Relief Planning Board shall be:
1. To collect information concerning emergency disaster and relief.
2. To formulate a plan of arranging or providing labor, facilities, equipments, supplies and funds necessary for relief and other emergency measures.
3. To formulate an emergency plan of supply, distribution and transportation of labor, facilities, equipments, supplies and funds necessary for relief and other emergency measures in case of emergency disaster.
4. To formulate a plan on relief and other emergency measures outside those prescribed in the preceding two items.
5. To propel the execution of plans stipulated Items 2 to 4 above.
Article 5. The Central Disaster Relief Planning Board shall be composed of the President and the Vice-President, one person each, and several Members.
Article 6. The Prime Minister shall be the President of the Central Disaster Relief Planning Board and Welfare Minister, the Vice-President.
Article 7. The Members of the Central Disaster Relief Planning Board shall be composed of each Minister concerned, other officials of governmental agencies concerned both designated by the Prime Minister, the President of the Japan Red Cross Society and those appointed by the Prime Minister from among the learned and experienced civilians.
The Prime Minister, when he deems it necessary, may appoint the Provisional Members for discussion on special matters.
Article 8. The Ministers concerned, other officials of governmental agencies and the President of the Japan Red Cross Society of whom the Central Disaster Relief Planning Board is composed shall take necessary measures to execute the plans drawn up by the Central Disaster Relief Planning Board, provided that the application of the provisions of Cabinet Law shall not be excluded.
Article 9. The Central Disaster Relief Planning Board, may give necessary instructions to the Regional Disaster Relief Planning Board or the Prefectural Disaster Relief Planning Board.
Article 10. A Working Committee of the Central Disaster Relief Planning Board shall be established to take charge of the business affairs of the Central Disaster Relief Planning Board.
Necessary matters concerning the organization of the Working Committee shall be fixed by Cabinet Order.
Article 11. Necessary matters concerning the organization of the Central Disaster Relief Planning Board outside those prescribed in Article 3 through the preceding Article shall be stipulated by Cabinet Order.
Article 12. The Ministers concerned and the other chiefs of governmental agencies concerned who are prescribed in Article 8, when it is considered especially necessary for the execution of the measures of the same Article, may order those who engage in the business of production, collection, sale, distribution, custody or transportation of supplies necessary for the relief and other emergency measures to have custody of their dealing supplies or may expropriate the supplies necessary for the relief and other emergency measures.
The warrant is required for executing the measures prescribed in the preceding paragraph.
The whole amount of any loss caused by the measures prescribed in paragraph 1 above shall be compensated at the market price.
Article 13. If necessary for giving an order to have custody of supplies or for expropriating supplies according to the provision of Paragraph 1 of the preceding Article, the Ministers concerned and other chiefs of governmental agencies prescribed in Article 8 may make the officials concerned enter and examine the place where the supplies are to be ordered for custody or the place where the supplies are stored.
The Ministers concerned and other chiefs of governmental agencies prescribed in Article 8 may obtain necessary report from the person who has been ordered to have custody of the supplies according to the provision of Paragraph 1 of the preceding Article or make the officials concerned enter and examine the place where the said supplies are ordered for custody.
When these officials enter the places according to the provisions of the preceding two paragraphs, they must notify the custodian of the place beforehand to that effect.
When the officials concerned enter the places according to the provisions of Paragraph 1 or 2 above, they must carry with them the identification cards certifying their positions.
Article 14. The functions of the Regional Disaster Relief Planning Board and the Prefectural Disaster Relief Planning Board shall be:
1. To collect informations concerning emergency disaster and relief and furnish them to the organizations concerned.
2. To formulate a plan of arranging or providing labor, facilities, equipments, supplies and funds necessary for relief and other emergency measures.
3. To formulate an emergency plan of supply, distribution or transportation of labor, facilities, equipments, supplies and funds necessary for relief and other emergency measures in case of emergency disaster.
4. To formulate a plan on relief and other emergency measures outside those prescribed in the preceding two items.
5. To propel the execution of plans stipulated in Items 2 to 4 above.
Article 15. The Regional Disaster Relief Planning Board and the Prefectural Disaster Relief Planning Board shall respectively be composed of one President and several Members.
Article 16. The Prefectural Governor designated by the Prime Minister shall be appointed the President of the Regional Disaster Relief Planning Board, and the Prefectural Governor concerned shall be appointed the President of the Prefectural Disaster Relief Planning Board.
Article 17. The Members of the Regional Disaster Relief Planning Board or the Prefectural Disaster Relie Planning Board shall be composed of the Chiefs of the governmental organizations designated by the Prime Minister, the President of the Branch of the Japan Red Cross Society within the area and those appointed by the Prefectural Governor in capacity of the President from among the learned and experienced civilians.
The Chiefs of the governmental organizations and the President of the Branch of the Japan Red Cross Society of whom the Regional Disaster Relief Planning Board or the Prefectural Disaster Relief Planning Board is composed shall take necessary measures to execute the plans drawn up by the Regional Disaster Relief Planning Board or the Prefectural Disaster Relief Planning Board.
Article 18. The Regional Disaster Relief Planning Board may give necessary instructions to the Prefectural Disaster Relief Planning Board.
Article 19. Working Committees shall be set up respectively in order to execute business affairs of the Regional Disaster Relief Planning Board and the Prefectural Disaster Relief Planning Board.
Necessary matters concerning the organization of the Working Committees shall be stipulated by Cabinet Order.
Article 20. Necessary matters concerning the Regional Disaster Relief Planning Board and the Prefectural Disaster Relief Planning Board outside those prescribed in Article 3 and Article 14 through the preceding Article shall be stipulated by Cabinet Order.
Article 21. The Japan Red Cross Society shall, in view of its mission, cooperate in the relief work.
The Government shall, under its direction and supervision, have the Japan Red Cross Society coordinate the cooperation by the organization other than local public organizations and by individuals, excepting those under the provisions of Article 25.
Chapter II Relief
Article 22. The relief work shall be conducted by the Prefectural Governor of the place where the persons who need relief are found.
The Prefectural Governor shall make all efforts at all times to formulate necessary plans, to establish strong relief teams and to arrange labor, facilities, equipments, supplies and funds, in order to effect satisfactory relief and other emergency measures.
Article 23. The relief work shall consist of the following items:
1. Providing accommodations;
2. Giving food by such method as the emergency public kitchen;
3. Giving or lending clothing, bedding and other daily necessities;
4. Medical treatment, delivery aid;
5. Giving or lending funds tools or materials necessary for calling;
6. Supplying schooling articles;
7. Performing burials;
8. Other items stipulated by Order outside those items prescribed in each preceding item.
The Prefectural Governor may give relief to the persons who need relief (in case of burials, to those who are in charge of burial affairs) by giving them cash in spite of the provisions of the preceding paragraph.
Necessary matters concerning the extent, method and period of relief shall be stipulated by Order.
Article 24. The Prefectural Governor may make the persons who are connected with medical treatment, civil and construction engineering or transportation engage in the work concerning relief when it is considered specially necessary in conducting relief work, and he may also make the persons who are connected with medical treatment, civil and construction engineering, engage in the work concerning relief when it is considered necessary to execute the orders of the competent Minister issued in accordance with the provisions of Article 31.
When demanded by the Prefectural Governors who consider it necessary to execute the orders of the competent Minister issued in accordance with the provision of Article 31, the Director of Railway Bureau or the Director of Navigation Bureau may make the persons connected with transportation work engage in the work concerning relief.
The range of the persons who are connected with medical treatment, civil and construction engineering and transportation as stipulated by the provisions of Items 1 and 2 shall be determined by Cabinet Order.
The provision of Article 12, Paragraph 2 shall apply mutatis mutandis to the cases of the preceding two paragraphs.
When made to engage in work concerning relief as prescribed in Paragraphs 1 and 2, the actual cost must be reimbursed.
Article 25. The Prefectural Governor may make the persons who need relief and their neighbours cooperate in the work concerning relief.
Article 26. When it is considered specially necessary for the relief work or when it is considered necessary to execute the orders of the competent Minister issued in accordance with the provision of Article 31, the prefectural Governor may administrate the facilities of hospital, medical office, hotel and other facilities stipulated by Cabinet Order, or may use the land, buildings or supplies or may make the persons who conduct engage in the business of production, collection, sale, distribution, custody or transportation of supplies have custody of their dealing supplies, or expropriate the supplies.
The provisions of Article 12, Paragraphs 2 and 3 shall apply mutatis mutandis to the case of the preceding paragraph.
Article 27. When it is necessary to administrate facilities, to use land, buildings or supplies, in order to have custody of supplies or to expropriate supplies in accordance with the provision of Paragraph 1 of the preceding Article, the Prefectural Governor may make the officials concerned enter and examine the place where facilities, land, buildings or supplies exist or the place where supplies are to be ordered for custody.
The Prefectural Governor may obtain necessary report from the person who has been ordered to have custody of the supplies in accordance with the provision of Paragraph 1 of the preceding Article or make the officials concerned enter and examine the place where the said supplies are ordered for custody.
When these officials enter the places prescribed in the preceding two paragraphs, they must notify the custodian of the facilities, land buildings or places beforehand to that effect.
When the officials concerned enter the places in accordance with the provisions of Paragraph 1 or 2 above, they must carry with them the identification cards certifying their positions.
Article 28. The provisions of Articles 5 and 6 of the Administration Enforcement Law and the Orders issued thereon shall apply mutatis mutandis when the Prefectural Governor forces the fulfillment of the obligations accompanying the measures taken in accordance with the provisions of Article 24 through the preceding Article of the present Law.
Article 29. When the persons ordered to engage in or cooperate with the work concerning relief in accordance with the provisions of Article 24 or 25 are injured or become sick or die on this account, allowances in aid shall be given them in accordance with the provisions of Cabinet Order.
Article 30. When it is deemed necessary in order to operate the relief work quickly, the Prefectural Governor may delegate a part of his authority concerning the execution of relief to the headman of a city, town or village (including hereinafter the headman of the special ward).
Article 31. On the relief conducted by a Prefectural Governor, the competent Minister may order other Prefectural Governors to extend assistance.
Article 32. The Prefectural Governor may entrust necessary matters concerning the execution of relief work or assistance thereto to the Japan Red Cross Society.
Chapter III Expenditure
Article 33. The expenses incurred in the relief prescribed in the provision of Article 23, shall be borne by the Prefecture of the place where the relief has been conducted.
Of the expenditure incurred in reimbursement of actual cost according to the provision of Article 24, Paragraph 5 and in payment of allowances in aid according to the provision of Article 29, the expense needed to cover the persons who were engaged or cooperated in the work concerning relief by orders for such engagement issued by the provision of Article 24, Paragraph 1 or by orders for cooperation issued by the provision of Article 25, shall be borne by the Prefecture administrated by the Prefectural Governor who issued such orders for engagement or for cooperation, and the expense needed to cover the persons who were engaged in the work concerning relief by orders for such engagement issued by the provision of Article 24, Paragraph 2, shall be borne by the Prefecture administrated by the Prefectural Governor who made the demands by the provision of the same paragraph.
The expenses incurred in the compensation for the loss in accordance with the provision of Article 12, Paragraph 3 which applies mutatis mutandis by the provision of Article 26, Paragraph 2 shall be borne by the Prefecture which is administrated by the Prefectural Governor who administrates, uses, expropriates or orders custody.
The expenses of the Prefectural Disaster Relief Planning Board shall be borne by the Prefecture concerned.
Article 34. For the expenses borne by the Japan Red Cross Society in order to execute the matters entrusted by the Prefectural Governor concerned, the prefectural shall compensate the balance after substracting the contribution and other revenue to be used for such costs.
Article 35. Any Prefecture may claim indemnity for such expenses as incurred by assisting relief work conducted in other Prefectures from the Prefecture of the place where the relief work was conducted.
Article 36. The National Treasury shall subsidize the expenses borne by the Prefectures in accordance with the provisions of Article 33, Paragraphs 1 to 3, the expenses incurred in the compensation under the provision of Article 34 (excluding the payment due to the claim for indemnity in accordance with the provision of the preceding Article) and the expenses necessary for the payment of the claim for indemnity under the provision of the preceding Article, when the total of these expenses is in excess of 5% of the total amount of the land-, house-and business-tax revenues (hereinafter referred to as the three profit-tax revenues) of the previous fiscal year as have been calculated in accordance with the standard tax rates of the Prefectures concerned, for the amount in excess thereof according to the following classifications:
50% for the amount in excess of 5% of the three profit-tax revenues and below 50% of the same.
80% for the amount in excess of 50% of the three profit-tax revenues and below 100% of the same.
90% for the amount in excess of 100% of the three profit-tax revenues.
Article 37. The Prefecture shall set up the disaster relief fund in order to appropriate it as the resources for the cost to be borne as prescribed in the preceding Article.
Article 38. The minimum amount of the disaster relief fund shall be five million yen, and in case the disaster relief fund of a Prefecture does not reach this minimum amount, such Prefecture shall set up for each fiscal year a certain amount stipulated by the provisions of Cabinet Order.
Article 39. Any income arising from the disaster relief fund shall be transferred into the fund.
Article 40. In case the amount of subsidy from the National Treasury under the provisions of Article 36 exceeds the amount disbursed from the financial resources outside the disaster relief fund to meet the expenses prescribed in the same Article, the excess shall be transferred into the disaster relief fund.
Article 41. The management of the disaster relief fund shall be in accordance with the following methods:
1. Deposit in the Deposit Department of Finance Ministry or a reliable bank.
2. Subscription or purchase of national loan bonds, local loan bonds, hypothec debentures, or other reliable loan bonds.
3. Purchases in advance of the supplies for relief purpose as prescribed in the provision of Article 23, Paragraph 1.
Article 42. Expenses needed for the keeping of the disaster relief fund may be paid out of the fund.
Article 43. The Prefecture by which more than five million yen has been set up as the disaster relief fund may subsidize a city, town or village (including hereinafter the special ward) within its area, out of its disaster relief fund, and within the limit of the amount exceeding five million yen, if such a city, town or village has been saving the fund for emergency disaster relief.
Article 44. The Prefectural Governor may make the city, town or village where the persons who need relief are found, temporarily disburse in advance (for the Prefecture) necessary expenses for the execution of the relief work, when the Prefectural Governor has delegated a part of his authority concerning the execution of relief to the headman of a city, town or village, in accordance with the provision of Article 30 or when the Prefecture has not time to bear the expenses.
Chapter IV Penalties
Article 45. Any person who comes under one of the following items shall be punished by imprisonment for less than 6 months inclusive or by a fine less than 5,000 yen inclusive:
1. A person who disobeys the orders for engagement stipulated in Article 24, Paragraph 1 or 2.
2. A person who disobeys the orders for custody stipulated in Article 12, Paragraph 1 or Article 26, Paragraph 1.
Article 46. A person who receives or makes others receive relief by fraudulent measures or by any false pretence shall be punished by imprisonment for less than 6 months inclusive or by a fine less than 5,000 yen inclusive. The Criminal Code shall apply when falling under the proper Articles of the Criminal Code.
Article 47. A person who refuses, interferes with or avoids the entering and examining of government officials or public officials in accordance with the provisions of Article 13, Paragraphs 1, and 2, or Article 27, Paragraphs 1 and 2, or submit no or false reports in accordance with the provisions of Article 13, Paragraph 2 or Article 27, Paragraph 2 shall be punished by a fine less than 3,000 yen inclusive.
Article 48. When Article 45 or the preceding Article is violated by any representative of any juridical person, or by the agent or employee of any juridical person or any person or by any other workers, concerning the business matter of the said juridical person or person, not only such a violator, but also the said juridical persons or person shall be punished by a fine stipulated in these Articles.
Supplementary Provisions:
The present Law shall come into force as October 20, 1947.
The Calamity Relief Fund Law shall be repealed.
The Calamity Relief Fund under the former Law now existing at the date of the enforcement of the present Law shall be transferred to the Disaster Relief Fund under the present Law.
The loans made out of the disaster relief fund in accordance with the provisions of Article 17, Paragraph 1, Item 1 of the former Law may be kept as they are by the former provision until their maturity.
Minister for Home Affairs KIMURA Kozaemon
Minister of Finance KURUSU Takeo
Minister of Welfare HITOTSUMATSU Sadayoshi
Minister of Transportation TOMABECHI Gizo
Prime Minister KATAYAMA Tetsu