Chapter 1 General Provisions
Article 1. The Grocery Distribution Kodan shall have for its object the performance of the business related to appropriate and equitable distribution of "miso," "shoyu," amino-acid (including monosodium glutamate), sugar, canned-food dairy products and such other groceries as prescribed by order (hereinafter to be referred to as the prescribed grocery) in accordance with the quota programs and rationing procedures set up or to be set up by the Director-General of the Economic Stabilization Board.
The Grocery Distribution Kodan shall be a juridical person.
Article 2. The main office of the Grocery Distribution Kodan shall be established in Tokyo.
The Grocery Distribution Kodan may, with the approval of the competent Minister, establish branch offices in the localities necessary for the performance of business relative to distribution.
Article 3. The authorized capital of the Grocery Distribution Kodan shall be 40,000,000 yen.
The government shall invest in full the capital referred to in the preceding paragraph.
Working capital of the Grocery Distribution Kodan shall be obtained by loan when necessary, from the Reconversion Finance Bank.
Article 4. The Grocery Distribution Kodan shall stipulate the following matters in its Articles of Incorporation:
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 making public notices.
The Articles of Incorporation may be revised with the approval of the Director-General of the Economic Stabilization Board and the competent Minister.
Article 5. The Grocery Distribution Kodon shall register as prescribed by Cabinet Order.
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.
Article 6. The Grocery Distribution Kodan 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 Grocery Distribution Kodan;provided, however, that this shall not apply to where the Ministers for Home Affairs and Finance have approved under special circumstances.
Article 7. The Grocery Distribution Kodan shall be dissolved by the nullification of the Temporary Demand and Supply Adjustment Law 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 dissolution of the Grocery Distribution Kodan shall be prescribed by a Cabinet Order.
Article 8. Any person other than the Grocery Distribution Kodan shall not use the words Grocery Distribution Kodan or similar words in his firm name.
Article 9. The provisions of Arts.44, 50, 54 and 57 of the Civil Code and Art.35, Par.1 of the Non-Litigant Case Procedure Law shall apply correspondingly to the Grocery Distribution Kodan.
Chapter 2 Officers and Employees
Article 10. The Grocery Distribution Kodan shall have as its officers one president, two or less vice presidents, two or more directors and one or more auditors.
The President shall represent the Grocery Distribution Kodan and supervise its business in accordance with the provisions of Article 15 of this Law.
The Vice-President shall as prescribed in the Article of Incorporation represent the Grocery Distribution Kodan, assist the President in conducting business, act for him in case he cannot take his duty, andd perform his function in case his post becomes vacant.
The Directors shall as prescribed in the Articles of Incorporation represent the Grocery Distribution Kodan, assist the President and Vice-President in controlling its affairs, act for them in case they cannot take their duties, and perform their functions in case their positions becomvacant.
The Auditors shall inspect the business of the Grocery Distribution Kodan.
Article 11. The President, Vice-Presidents, Directors and Auditors shall be appointed by the competent Minister.
Article 12. The President, Vice-Presidents and Directors may, in accordance with the provisions of the Articles of Incorporation, delegate power to the employees of the Grocery Distribution Kodan, who shall have authority to perform all juridical and non-juridical matters in regard to the affairs of the main or branch offices.
Article 13. The officers and employees of the Grocery Distribution Kodan shall not be permitted to be stockholders or employees or to have any beneficial interest in any company or enterprise engaged in the production, refining, storage, transportations, blending, purchase and sale of grocery except that derived from their position as officers and employees of the Grocery Distribution Kodan.
Article 14. The officers and employees of the Grocery Distribution Kodan shall be Government officials or other Government employees.
The President shall be, or be rated as, of the same of rank as the Vice-Minister of Agriculture and Forestry, officers other than the President shall be, or be rated as, first class officials. Other employees shall be, or be rated as, first, second or third class officials. The competent Minister shall fix the number of the above staff.
The officers and employees of the Grocery Distribution Kodan shall be governed by all laws and ordinances relating to the Government officials and employees;provided, that it shall not apply in case where the Competent Minister makes special exception concerning the amount of salaries, service rules and any other necessary matters with an approval of the Director-General of the Economic Stabilization Board, exempted.
Chapter 3 Business
Article 15. The Grocery Distribution Kodan shall perform the following business under the supervision of the competent Minister in accordance with 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 all indigenous and imported grocery at prices established by the Price Board
2. Storage, transportation, recovery, necessary mixing and examination of grocery
3. Designation of authorized dealers in grocery
4. Business incidental to the business provided for in the Items 1 and 2.
The designation referred to in Item 3 in the preceding paragraph shall be made with the approval of the competent Minister in accordance with the conditions set forth by the Director-General of the Economic Stabilization Board.
Article 16. The Grocery Distribution Kodan at the commencement of its functioning shall establish its method of doing business and submit 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.
In giving the approval referred to in the preceding paragraph, the Director-General of the Economic Stabilization Board shall consult the competent Minister and the Minister of Finance. In this case the final responsibility for approval shall lay with the Director-General of the Economic Stabilization Board.
Article 17. The Grocery Distribution Kodan shall, at the beginning of the first term and the second term of each business year, establish a business program and a financial program for every six months and submit same to the Director-General of the Economic Stablization Board. This shall also apply to 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 makes an approval of the preceding paragraph. In this case the final responsibility for approval shall rest with the Director-General of the Economic Stabilization Board.
Chapter 4 Accounting
Article 18. The business. year of the Grocery Distribution Kodan shall be from April 1, each year to March 31 of the following year, and be divided into the first term and second term
Article 19. The Grocery Distribution Kodan 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 within two months after the end of the respective period to the Director-General of the Economic Stabilization Board for his approval.
The Director-General of the Economic Stabilization Board shall consult with the competent Minister and the Minister of Finance, in case he makes an approval of the preceding paragraph. In this case, the final responsibility for approval shall rest with the Director-General of the Economic Stabilization Board.
The Grocery Distribution Kodan shall, when it has obtained the approval of the Director-General of the Economic Stabilization Board as provided for in Paragraph 1, make a public notice of the statement of assets, balance sheet, and 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 referred to in the preceding paragraph will be audited and approved by the Board of Audit.
The Grocery Distribution Kodan shall, when it has obtained the approval of the Director-General of the Economic Stabilization Board, pay to the National Treasury the entire profit as determined by stipulations of Cabinet Order.
The books, documents and other necessary records shall be orderly and clearly written by the Grocery Distribution Kodan and kept in custody available for inspection of the Board of Audit, the Economic Stabilization Board, and the competent authorities.
Chapter 5 Supervision and Fostering
Article 20. The Director-General of the Economic Stabilization Board shall direct and supervise the Grocery Distribution Kodan in regard to the quota programs and rationing procedures.
The Director-General of the Economic Stabilization Board may, when deemed necessary to secure appropriate and equitable distribution of grocery, issue for supervision necessary orders for supervision though the competent Minister to the Grocery Distribution Kodan.
The competent Minister may, when deemed necessary to secure appropriate and equitable distribution of grocery, issue for supervision, a necessary order to the Grocery Distribution Kodan within the quota programs and rationing procedures set up or to be set up by the Directer-General of the Economic Stabilization Board.
The competent Minister or the Director-General of the Economic Stabilization Board may, when deemed necessary have the Grocery Distribution Kodan, submit a report or have 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 with him to Prove his post as prescribed by order.
Article 21. The Grocery Distribution Kodan shall, when it is necessary to give special payment to its officers and employees, prepare rules on the remuneration and submit them 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.
In giving the approval referred to in the preceding paragraph the Director-General of the Economic Stabilization Board shall consult with the competent Minister and the Minister of Finance. In this case the final responsibility for approval shall rest with the Director-General of the Economic Stabilization Board.
Article 22. The competent Minister may remove an officer of the Grocery Distribution Kodan in case he violates laws and ordinances, the Articles of Incorporation or orders issued on the basis of this Law.
The Director-General of the Economic Stabilization Board may remove an officer of the Grocery Distribution Kodan if he considers that he is not suitable or properly carrying out his duties in connection with the objects and business of the Grocery Distribution Kodan.
Article 23. The competent Minister may, when deemed necessary for the operation of the Grocery Distribution Kodan, order the liquidator of the company to be dissolved in accordance with the provisions of Art.31, Par.1 to lease any or all facilities owned by the company to the Grocery Distribution Kodan.
The competent Minister may, When deemed necessary for the operation of the Grocery Distribution Kodan, order or request owners, exclusive holders, or persons having custody, including the Minister of Finance, of facilities required by the Grocery Distribution Kodan to lease them to the Grocery Distribution Kodan.
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 established by him.
When the rental is determined in accordance with the provisions of the preceding paragraph, the Grocery Distribution Kodan shall lease the facilities referred to in Par.1 or 2, for 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 Grocery Distribution Kodan, order the liquidator of the companies to be dissolved in accordance with the provisions of Art.32, Par.1. to transter or hand over to the Grocery Distribution Kodan any or all materials owned by or in possession of the company
In case the order of the preceding paragraph is issued, the Grocery Distribution Kodan shall pay fair compensations to the parties concerned within one month of the materials, referred to in the preceding paragraph, being taken over or being delivered by the Grocery Distribution Kodan.
The competent Minister shall not issue the order of Par.5, unless necessary rules are made for compensation of the preceding paragraph with an approval of the Director-General of the Economic Stabilization Board. The competent Minister shall not, after obtaining approval of the Director-General of the Economic Stabilization Board, order or request matter referred to in Par.8 until necessary regulations have been established concerning the compensation referred to in the preceding paragraph.
The competent Minister shall be responsible for supervision over care of the facilities leased by the Grocery Distribution Kodan or over having the Grocery Distribution Kodan take, when deemed necessary, steps such as insurance of the said facilities.
The competent Minister may order or request the persons interested including the Grocery Distribution Kodan and the Ministers concerned with the matter, to take prompt measures for the execution of provisions of all the preceding paragraphs.
Chapter 6 Penal Provisions
Article 24. Those who violate the provisions prescribed in Pars.1, 2 or 5 of the preceding Article shall be liable to penal servitude not exceeding five years and or a fine not exceeding 50,000 yen.
Article 25. Officers or employees of the Grocery Distribution Kodan who come under and commit an act contrary to one of the following cases shall be liable to penal servitude not exceeding 5 years or a fine not exceeding 50,000 yen:
1. Those who perform business not prescribed for in Art.15 Par.1;
2. Those who violate the order relative to supervision of the Director-General of the Economic Stabllization Board or the competent Minister, prescribed for in Art.20. Par.2 or 3.
Article 26. All persons who fail to report as required under this Law or submit a falsified report or refuse, interfere with, or evade inspections shall be liable to penal servitude not exceeding 1 year or a fine not exceeding 10,000 yen.
Article 27. Those who commit any of the offences as specified in the preceding three Articles Shall be liable both to penal servitude and to a fine, according to circumstances.
Article 28. In case representative of a juridical person or an agent, employee or any other person engaged by a juridical person or a person commits the violation mentioned in Art.24, 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.24, in addition to the punishment to the offender.
Article 29. Those who use the name of the Grocery Distribution Kodan or a similar name in violation of the provisions of Art.8 shall be liable to a fine not exceeding 10,000 yen.
Annexed List
Central "Miso" Control Joint-stock Co., Ltd.
Central "Shoyu" Control Joint-stock Co., Ltd.
Japan Canned Goods Joint-stock Co., Ltd.
Japan Amino Acid Joint-stock Co., Ltd.
Japan Sugar Joint-stock Co., Ltd.
Hokkaido "Miso-Shoyu" Control Joint-stock Co., Ltd.
Aomori "Miso-Shoyu" Control Joint-stock Co., Ltd.
Iwate "Miso-Shoyu" Control Joint-stock Co., Ltd.
Miyagi "Miso-Shoyu" Control Joint-stock Co., Ltd.
Akita "Shoyu-Miso" Control Joint-stock. Co., Ltd.
Yamagata "Shoyu-Miso" Control Joint-stock Co., Ltd.
Pukushima "Shoyu-Miso" Control Joint-stock Co., Ltd.
Toyama "Shoyu-Miso" Control Joint-stock Co., Ltd.
Fukui "Shoyu-Miso" Control Joint-stock Co., Ltd.
Yamanashi "Miso-Shoyu" Control Joint-stock Co., Ltd.
Gifu "Miso-Shoyu" Control Joint-stock Co., Ltd.
Aichi "liso-Tamari Shoyu" Control Joint-stock Co., Ltd.
Mie "Shoyu-Miso" Control Joint-stock Co., Ltd.
Hiroshima Pref. "Miso-Shoyu" Control Joint-stock Co., Ltd.
Saga"Miso-Shoyu'Control Joint-stock Co., Ltd.
Nagasaki "Shoyu-Miso" Control Joint-stock Co., Ltd.
Miyazaki "Miso-Shoyu" Control Joint-stock Co., Ltd.
Kagoshima "Shoyu-Miso" Control Joint-stock Co., Ltd.
Ibaragi "Miso" Control Co., Ltd.
Tochigi "Miso" Control Co., Ltd.
Gumma "Miso" Control Co., Ltd.
Saitama "Miso" Control Co., Ltd.
Chiba "Miso" Control Co., Ltd.
Tokyo "Miso" Control Co., Ltd.
Kanagawa "Miso" Control Co., Ltd.
Niigata "Miso" Control Co., Ltd.
Ishikawa "Miso" Control Co., Ltd.
Nagano "Miso" Control Co., Ltd.
Shizuoka "Miso" Control Co., Ltd.
Shiga "Miso" Control Co., Ltd.
Kyoto "Miso" Control Co., Ltd.
Osaka "Miso" Control Co., Ltd.
Hyogo "Miso" Control Co., Ltd.
Nara "Miso" Control Co., Ltd.
Wakayama "Miso" Control Co., Ltd.
Tottori "Miso" Control Co., Ltd.
Shimane "Miso" Control Co., Ltd.
Okayama "Miso" Control Co., Ltd.
Yamaguchi "Miso" Control Co., Ltd.
Tokushima "Miso" Control Co., Ltd.
Kagawa "Miso" Control Co., Ltd.
Ehime "Miso" Control Co., Ltd.
Kochi "Miso" Control Co., Ltd.
Fukuoka "Miso" Control Co., Ltd.
Kumamoto "Miso" Control Co., Ltd.
Oita "Miso" Control Co., Ltd.
Ibaragi "Shoyu" Control Co., Ltd.
Tochigi "Shoyu" Control Co., Ltd.
Gumma "Shoyu" Control Co., Ltd.
Saitama "Shoyu" Control Co., Ltd.
Chiba "Shoyu" Control Co., Ltd.
Tokyo "Shoyu" Control Co., Ltd.
Kanagawa "Shoyu" Control Co., Ltd.
Niigata "Shoyu" Control Co., Ltd.
Ishikawa "Shoyu" Control Co., Ltd.
Nagano "Shoyu" Control Co., Ltd.
Shizuoka "Shoyu" Control Co., Ltd.
Shiga "Shoyu" Control Co., Ltd.
Kyoto "Shoyu" Control Co., Ltd.
Osaka "Shoyu" Control Co., Ltd.
Hyogo "Shoyu" Control Co., Ltd.
Nara "Shoyu" Control Co., Ltd.
Wakayama "Shoyu" Control Co., Ltd.
Tottori "Shoyu" Control Co., Ltd.
Shimane "Shoyu" Control Co., Ltd.
Okayama Pref. "Shoyu" Control Co., Ltd.
Yamaguchi "Shoyu" Control Co., Ltd.
Tokushima "Shoyu" Control Co., Ltd.
Kagawa "Shoyu" Control Co., Ltd.
Ehime "Shoyu" Control Co., Ltd.
Kochi "Shoyu" Control Co., Ltd.
Fukuoka "Shayu" Control Co., Ltd.
Kumamoto "Shoyu" Control Co., Ltd.
Oita "Shoyu" Control Co., Ltd.