I hereby promulgate the Law regarding Dissolution and Liquidation of Medical Association, Dental Association and Japan Medical Treatment Corporation.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the tenth month of the twenty-second year of Showa (October 31, 1947)
Prime Minister KATAYAMA Tetsu
Chapter I. General Provisions
Article 1. The necessary matters concerning dissolution and liquidation of Medical Association, Dental Associations and Japan Medical Treatment Corporation shall be decided by this Law.
Article 2. In this Law, Medical Associations mean Japan Medical Association and prefectural Medical Associations, and Dental Associations mean Japan Dental Association and prefectural Dental Associations.
Chapter II. Dissolution and Liquidation of Medical Associations and Dental Associations
Article 3. Medical Associations and Dental Associations shall be dissolved.
Article 4. Medical Associations and Dental Associations shall be deemed to continue in existence for the purpose of liquidation, until the liquidation is finished.
Article 5. The liquidator shall be elected from among the president, vice-president, managing director or directors of each Medical Association and Dental Association in general meeting. However, when the position of liquidator is vacant or it is necessary to increase such person, he may be elected from outside those mentioned above.
The Minister of Welfare may, when it is considered to be necessary for the public benefit, dismiss the liquidator.
Article 6. The liquidator shall receive the approval of the supervising official concerning the method of liquidation and the disposition of assets, after it is decided in the general meeting.
Article 7. The supervising official may, when it is considered to be necessary for the purpose of supervision of liquidation of Medical Associations and Dental Associations, cause the liquidator to report and cause the competent official to inspect concerning the liquidation and the state of assets.
The supervising official shall, when he causes the competent official to inspect in accordance with preceding paragraph, cause him to take the certificate with him.
Article 8. Regulations necessary for the administration and enforcement of the provisions of this Law concerning the dissolution and liquidation of Medical Associations and Dental Associations shall be fixed by Cabinet Order, except for what is provided for in this Law.
Chapter III. Dissolution and Liquidation of Japan Medical Treatment Corporation
Article 9. Japan Medical Treatment Corporation shall be dissolved.
Article 10. Japan Medical Treatment Corporation shall be deemed to continue in existence for the purpose of liquidation and enforcement of business mentioned in Article 11, until the liquidation is finished.
Article 11. Japan Medical Treatment Corporation may, even after dissolution, until the conclusion of the liquidation, continue the present medical business.
Article 12. The Minister of Welfare shall elect liquidators from among the president, vice-president or directors of Japan Medical Treatment Corporation.
Article 13. The liquidator shall not be engaged in other occupation, unless he is sanctioned by the said Minister.
The liquidator may transact business with J. M. T. C. for himself or a third person only when sanctioned by the said Minister. In this case, the provisions of Article 108 of the Civil Code shall not apply.
Article 14. The liquidator shall liquidate according to the liquidation program made out by the Minister of Welfare.
The said Minister shall, when he makes out the liquidation program mentioned in preceding paragraph, consult the Control Committee for Liquidation of Japan Medical Treatment Corporation.
The Minister of Welfare may, when it is considered to be necessary, order needful matters concerning liquidation to the liquidators.
Article 15. The Government may preferentially purchase the lands, buildings and other facilities and articles which Japan Medical Treatment Corporation possesses, when it is considered to be necessary for national medical business.
In case of the preceding paragraph, the Minister of Welfare shall consult the Control Committee for Liquidation of Japan Medical Treatment Corporation, concerning its purchasing and the condition of purchasing.
Article 16. The remaining property shall be distributed to the investors in proportion to the amounts paid in.
The amount of property to be distributed under the preceding paragraph may not exceed the amount paid in by each investor.
In case of the application of the preceding two paragraphs, concerning one who has presented the facilities, such as a hospital or dispensary, etc., under the provisions of Article 33 of the National Medical. Treatment Act, and who has been subsidized from the national treasury in constructing the said facilities, the remainder by subtracting the amount of the said national subsidy from the amount paid in, shall be regarded as the amount paid in.
Article 17. The liquidator shall be authorized by the Minister of Welfare concerning distribution of the remaining property.
Article 18. The surplus property that comes about after distribution of the remaining property in accordance with provisions of Article 16 shall revert to the national treasury.
Article 19. Provisions of proviso to Paragraph 1 and Paragraph 2 of Article 5 as well as Article 7 shall be applicable to the liquidation of Japan Medical Treatment Corporation;provided that in Paragraph 2 of Article 5 and Article 7 "supervising official" shall be taken to read "Welfare Minister."
Article 20. The registration duty shall not be imposed to the registration concerning dissolution and liquidation of Japan Medical Treatment Corporation.
Article 21. Except for what is provided for in this Law, the necessary matters concerning the practising of business under Article 11 and the disposition of security on articles which were purchased by the Government under the provision of Article 15, Paragraph 1, rules concerning the Control Committee for Liquidation of Japan Medical Treatment Corporation and other necessary regulations to carry on the administration and enforcing the dissolution and liquidation of Japan Medical Treatment Corporation, shall be fixed by Cabinet Order.
Chapter IV. Penal Regulations
Article 22. One who refuses, disturbs or challenges an inspection by the competent government or public, official provided in Article 7 (including the case to which Article 7 is applicable by Article 19) shall be liable to penal servitude not exceeding 6 months or a fine not more than 500 yen.
Supplementary Provisions:
Article 23. This Law shall come into force as from November 1, 1947;provided that the provisions of Articles 25-27 inclusive shall come into force as from the day succeeding the registration of the conclusion of liquidation concerning the Japan Medical Treatment Corporation.
Article 24. A part of the National Medical Treatment Act shall be amended as follows:
Chapter 3, Chapter 5 and Article 79-Article 81 shall be deleted.
With reference to application of penal regulations concerning acts conducted before enforcement of the preceding paragraph, dissolution and liquidation of Medical Association, Dental Associations and Japan Medical Treatment Corporation and practising of the business under Article 11, the former law shall still remain in force after the enforcement of the preceding paragraph.
Article 25. A part of the Tuberculosis Prevention Act shall be amended as follows:
In Article 7, Paragraph 1, "Japan Medical Treatment Corporation's Sanatoria or" shall be deleted.
Article 26. A part of the Registration Duty Act shall be amended as follows:
Article 2-(2) shall be deleted.
In Article 6-2,"with reference to the pension bond or the medical bond, the Pension Bank or Japan
Medical Treatment Corporation "and" the pension bond, the medical bond of these "shall read" with reference to the pension bond, the Pension Bank "and" the pension bond or its"respectively.
In Article 19, Item 7, "Japan Medical Treatment Corporation" and "National Medical Treatment Act" shall be deleted. In Item 18 of the same Article, "the Housing Corporation or the Japan Medical Treatment Corporation" shall read "or the Housing Corporation."
Article 27. A part of the Stamp Duty Act shall be amended as follows:
Article 5, Item 6-(4)-2 shall be deleted.
Minister of Finance KURUSU Takeo
Minister of Justice SUZUKI Yoshio
Minister of Welfare HITOTSUMATSU Sadayoshi
Prime Minister KATAYAMA Tetsu