法令番号: 法律第247号
公布年月日: 昭和22年12月30日
法令の形式: 法律

審議経過

I hereby promulgate the Law concerning the Partial Amendment of the Foodstuffs Control Law.
Signed:HIROHITO, Seal of the Emperor
This thirtieth day of the twelfth month of the twenty-second year of Showa (December 30, 1947)
Prime Minister　KATAYAMA Tetsu
Law No.247
The following partial amendments shall be made to the Foodstuffs Control Law:
"Imperial Ordinance" shall read "Cabinet Order" .
In Article 2, next to "wheat" "Sweet Potato (including its processed foodstuffs;the same hereinafter), White Potato (including its processed foodstuffs;the same hereinafter) and miscellaneous cereals" shall be added.
In paragraph 1 of Art.3, "or wheat (hereinafter to be referred to as rice and wheat)" shall read "Wheat, Sweet Potato, White Potato or miscellaneous cereals (hereinafter to be referred to as rice, wheat etc.);" any person having a right to land who receives the same as farm-rent "shall be deleted;and" rice and wheat produced or received as farm-rent "shall read" rice, wheat etc. produced".
In Par.1 of Art.4, "rice and wheat" shall read "rice, wheat, etc." and "foodstuffs corporation" , (Shokuryo-Eidan) "shall read" Foodstuffs Distribution Corporation (Shokuryo Haikyu Kodan).
In Par.1 of Art.5 and Par.1 of Art.8, "rice and wheat" shall read "rice, wheat, etc."
In Pars.1 and 2 of Art.11, "rice and wheat" shall read "rice, barley, naked barley or wheat" and in Par.4 of the same Article, "rice and wheat" shall read "rice, barley, naked barley and wheat" .
The following Item shall be added next to Art.13:
The government shall cause the government officials concerned or local officials to possess the identifications fications to prove their status when they conduct spot inspections prescribed by the provisions of the preceding paragraph.
Article 14.　The Foodstuffs Distribution Corporation shall, for its purpose, carry on the fair and equitable distribution of staple foodstuffs which the Minister of Agriculture and Forestry determines in accordance with the fundamental program concerning the foodstuffs distribution as established by the Director-General of the Economic Stabilization Board.
The foodstuffs distribution corporation shall be a juridical person.
Article 15.　The principal office of the Foodstuffs Distribution Corporation shall be set up in the City of Tokyo and branch offices, in prefectures.
Article 16.　The capital of the Foodstuffs Distribution Corporation shall be eighty million yen (\80,000,000).
The whole capital prescribed in the preceding paragraph shall be contributed by the government.
The Foodstuffs Distribution Corporation shall, in case it deems it necessary to do so, borrow the operating funds from the Rehabilitation Finance Bank (Fukko Kin-yu Kinko).
Article 17.　The Foodstuffs Distribution Corporation shall fix the following items in accordance with its articles of incorporation:
1.　Object;
2.　Name;
3.　Locality of the office;
4.　Matters concerning the amount of capital;
5.　Matters concerning the officers;
6.　Matters concerning the business and its execution;
7.　Matters concerning the accuonts;
8.　Method of public announcement.
The Articles of incorporation may be altered with the approval of the of the Minister of Agriculture and Forestry and the Director-General of the Economic Stabilization Board.
Article 18.　The Foodstuffs Distribution Corporation shall make necessary registrations in accordance with the Cabinet Order.
The matters required to be registered in accordance with the provisions of the preceding paragraph can not be set up against a third person unless the registration thereof has been completed.
Article 19.　The Foodstuffs Distribution Corporation shall be charged with neither income tax nor juridical person tax.
The Foodstuffs Distribution Corporation shall be immune from any local district tax on its businesses imposed by prefecture, city, town, or village, except in the case where, in special circumstances, the approval of the competent Minister can be obtained.
Article 20.　The Fodostuff Distribution Corporation shall dissolve on March 31, 1949 or on the day when the dissolution order is issued by the Director General of the Economic Stabilization Board.
Except the above prescribed, matters necessary for the dissolution and liquidation of the Foodstuffs Distribution Corporation shall be provided by the Cabinet Order.
Article 21.　Any person other than the Foodstuffs Distribution Corporation may not rise the name of Foodstuffs Distribution Corporation or any other designation similar thereto.
Article 22.　The provisions of Arts.44, 50, 54 and 57 of the Civil Code and those of Par.1 of Art.37 of the Non-litigant Case Procedural Law shall apply mutatis mutandis to the Foodstuffs Distribution Corporation.
Article 23.　The Foodstuffs Distribution Corporation shall have one President, one Vice-President, two or more Directors and one Auditor.
The President shall represent the Foodstuffs Distribution Corporation and preside over the affairs thereof in accordance with the provisions of Art.28.
The Vice-President shall, pursuant to the provisions of the articles of incorporation, represent the Foodstuffs Distribution Corporation, assist the President in managing the affairs thereof, and act on behalf of the President in case where the President is unable to perform his duties and also perform the duties of the President, in case where there is a vacancy of the office of the President.
The Directors shall, pursuant of provisions of the articles of incorporation, represent the Foodstuffs Distribution Corporation, assist the President and the Vice-President in managing the affairs thereof, and act on behalf of the President and the Vice-President in case where both of them are unable to perform their duties and also perform the duties of the President and the Vice-President, in case where there are vacancies of the offices of the President and the Vice-President.
The Auditor shall supervise the affairs of the Foodstuffs Distribution Corporation.
Article 24.　The President, Vice-President, Directors and Auditor shall be appointed by the Minister of Agriculture and Forestry.
Article 25.　The President, Vice-President and Directors may, pursuant to provisions of the articles of incorporation, appoint his proxy, from among the personnels of the Foodstuffs Distribution Corporation, who was authority to do all judicial and extra-judicial acts with respect to the affairs in the main or subordinate offices.
Article 26.　The officers and personnel of the Foodstuffs Distribution Corporation shall not hold the shares of a company which makes it its business to store or person or transport staple foodstuffs and shall neither be engaged in the business of said cmopany or in other enterprises nor have any interest in the management of the busuiness thereof.
Article 27.　All the officers and personnel of the Foodstuffs Distribution Corporation shall be government officials and other government employees.
The President shall have the same class or rank as the Vice-Minister of the Ministry of Agriculture and Forestry and other officers, the first class or a rank corresponding thereto. The personnel shall have respectively the first, second, or third class or a rank corresponding thereto. The full number of these officers and personnel shall be determined by the Minister of Agriculture and Forestry.
The officers and personnel of the Foodstuffs Distribution Corporation shall be subject to the general laws and ordinances concerning civil service, except such special rules regarding salary, allowances, duties, and other necessary matters as may be set up with the approval of the Minister of Agriculture and Forestry and the Director-General of the Economic Stabilization Board.
Article 28.　The Foodstuffs Distribution Corporation shall carry out the following businesses under the supervision of the Minister of Agriculture and Forestry and in conformity with the operating plan which he determines in accordance with the fundamental program concerning the foodstuffs distribution as established by the Director-General of the Economic Stabilization Board:
1.　Purchase and sale of staple foodstuffs;
2.　Storage, processing, or transportation of staple foodstuffs;
3.　Affairs incidental to the businesses as mentioned in the preceding two items.
The Minister of Agriculture and Forestry may entrust the prefectural governor with any necessary authorities as prescribed in the preceding paragraph.
Article 29.　The Foodstuffs Distribution Corporation shall, at the commencement of its business, determine the procedure of managing affairs and obtain the approval therefor of the Director-General of the Economic Stabilization Board. This shall also be applicable to any alteration or amendment thereof.
Whenever the Director-General of the Economic Stabilization Board grants such approval as prescribed in the preceding paragraph, he shall consult thereon with the Minister of Agriculture and Forestry and the Minister of Finance, but the Director-General of the Economic Stabilization Board shall take responsibility for the final judgement of said approval.
Article 30-(1).　The Foodstuffs Distribution Corporation shall, at the commencement of each of the half term of the business year, determine the business and financial plans for the coming six months and shall submit them to the Director-General of the Economic Stabilization Board for its approval. This shall also be applicable to any alteration or amendment thereof.
Whenever the Director-General of Economic Stabilization Board grants the approval as prescribed in the preceding paragraph, he shall concult thereon with the Minister of Agriculture and Forestry and the Minister of Finance, but the Director-General of Economic Stabilization Board shall take responsibility for the final judgement of said approval.
Article 30-(2).　The business year of the Foodstuffs Distribution Corporation shall begin at the first day of April of every year and end at the thirty-first day of March of the following year, consisting of the former term and the latter one.
Article 30-(3).　The Foodstuffs Distribution Corporation shall make the inventory of property, balance sheet, and statement of profit and loss for each term as prescribed in the preceding Article and shall submit them to the Director-General of Economic Stabilization Board for its approval not later than two months after the term concerned has elapsed.
Whenever the Director-General of Economic Stabilization Board grants the approval as prescribed in the preceding pargraph, he shall consult thereon with the Minister of Agriculture and Forestry and the Minister of Finance, but the Director-General of Economic Stabilization Board for its approval not later than two months after the term concerned has elapsed.
Whenever the Director-General of Economic Stabilization Board grants the approval as prescribed in the preceding paragraph, he shall consult thereon with the Minister of Agriculture and Forestry and the Minister of Finance, but the Director-General of Economic Stabilization Board shall take responsibility for the final judgement of said approval.
When the Foodstuffs Distribution Corporation has obtained the approval of the Director-General of Economic Stabilization Board as prescribed in the first paragraph, it shall give public notice of the inventory of property, balance sheet, statement of profit and loss as prescribed in the preceding paragraph shall undergo the inspection of the Board of Audit for their approval.
The Foodstuffs Distribution Corporation shall, with the approval of the Director-General of Eoconomic Stabilization Board and in accordance with the provisions of the Order, pay surplus money to the national treasury.
The Foodstuffs Distribution Corporation shall make a clear and bona fide entry of all matters to be recorded in books and files and keep them for ready inspection by the Board of Audit, the Economic Stabilization Board, and the competent administrative authorities.
Article 30-(4).　The Director-General of Economic Stabilization Board or the Minister of Agriculture and Forestry may, if he deems it necessary to do so for securing the fair and equitable distribution of staple foodstuffs, issue instructions necessary for supervision to the Foodstuffs Distribution Corporation.
The Director-General of Economic Stabilization Board or the Minister of Agriculture and Forestry may, if he deems it necessary to do so, cause the Foodstuffs Distribution Corporation to report or cause the government officials concerned to inspect state of affairs, books and files, and other necessary matters.
The provisions of Art.13, Par.3 shall apply with necessary modifications to the case of the preceding paragraph.
The provisions of the preceding three paragraphs shall apply mutatis mutandis to the prefectural governor who is entrusted with authority in accordance with the provisions of Par.2 of Art.28, but "the government officials concerned" as prescribed in Par.2 shall read "local government officials concerned" .
Article 30-(5).　In case where the Foodstuffs Distribution Corporation deems it necessary to grant special remuneration to its officers and personnel, it may determine the bonus rule and shall obtain the prior approval therefor of the Director-General of Economic Stabilization Board. This shall also be applicable to any alteration or amendment thereof.
Whenever the Director-General of Economic Stabilization Board grants the approval as prescribed in the preceding paragraph, he shall consult thereon with the Minister of Agriculture and Forestry and the Minister of Finaince, but the Director-General of Economic Stabilization Board shall take responsibility for the final judgement of said approval.
Article 30-(6).　Any officer of the Foodstuffs Distribution Corporation who violates any one of provisions of laws and ordinances, the articles of incorporation, or orders and instructions issued in accordance with the provisions of the Law may be released from office by the Minister of Agriculture and Forestry.
Any officer of the Foodstuffs Distribution Corporation who is deemed by the Director-General of Economic Stabilization Board to be incompetent to fill his post, or to fail to discharge his duties properly in the accomplishment of the object and businesses of the Foodstuffs Distribution Corporation may be released from his office by the Director-General of Economic Stabilization Board.
Article 30-(7).　The Minister of Agriculture and Forestry may, if he deems it necessary to do so for carrying out the businesses of the Foodstuffs Distribution Corporation, order the liquidation of the Local-Foodstuffs Corporation, Japan Sweet and White Potato Co. or Japan Starch Co. to lend the whole or a part of installations or facilities owned by said corporation or companies to the Foodstuffs Distribution Corporation.
The Minister of Agriculture and Forestry may, if he deems it necessary to do so for carrying out the businesses of the Foodstuffs Distribution Corporation, order or request the owner, possessor, administrator including the Minister of Finance of installations or facilities needed for said purpose to lend the same to the Foodstuffs Distribution Corporation.
The rent of installations or facilities as prescribed in the preceding two paragraphs shall be fair and impartially fixed in compliance with the policy made in advance by the Director-General of Economic Stabilization Board.
The Minister of Agriculture and Forestry may, if he deems it necessary to do so for carrying out the businesses of the Foodstuffs Distribution Corporation, order the liquidator of the Local Foodstuffs Corporation, Japan Sweet and White Potato Co. or Japan Starch Co. to transfer or deliver the whole or a part of materials owned or possessed by said corporation or companies to the Foodstuffs Distribution Corporation.
Whenever the order as prescribed in the preceding paragraph has been issued, the Foodstuffs Distribution Corporation shall make due compensation for material transferred or delivered to the interested persons not later than one month from the day when said transfer or delivery was made.
The Minister of Agriculture and Forestry shall not issue the order as prescribed in Par.4, before he has determined necessary rules on compensation as prescribed in the preceding paragraph with with approval of the Director-General of Economic Stabilization Board.
The Minister of Agriculture and Forestry shall be responsible for his being negligent of superintendence over the measures to be taken by the Foodstuffs Distribution Corporation for administering borrowed installations or facilities or over those for insuring the same which are deemed necesarv to be taken by him.
The Minister of Agriculture and Forestry may, in connection with the enforcement of the provisions of the preceding paragraphs, order or request the Foodstuffs Distribution Corporation or the interested persons including the Ministers of the interested persons including the Ministers of the interested Ministries to taken necessary measures.
In Art.31, "fifty thousand yen" shall read "one hundred thousand yen" .
Article 31-(2).　Any person who has violated the provisions of the Par.1, 2 or 4 of Art.30-(7) shall be liable to penal servitude not more than five (5) years or to a fine not more than fifty thousand (50,000) yen.
Article 31-(3).　Any violator who is an officer or personnel of the Foodstuffs Distribution Corporation and who falls under any one of the following items shall be liable to penal servitude not more than five (5) years or to a fine not more than fifty thousand (50,000) yen;
1.　In case where he is engaged in any business other than those as prescribed in the provisions of Par.1 of Art.28;
2.　In case where he has violated the instructions are prescribed in the provisions of Par.1 of Art.30-(4)(including the case where said provisions are applied mutatis mutandis in Par.4 of the same Article).
In Art.32, "ten thousands yen" shall read "thirty thousand yen" .
Article 33.　Any person who has neglected to submit a report as provided in this Law, made a false report, or refused, obstructed, or evaded the inspection conducted by the government officials or local government officials concerned pursuant to the provisions of this Law shall be liable to penal servitude not more than one year or to a fine not more than ten thousand (10,000) yen.
Article 33-(2).　Any person, who engages or has engaged in the business of investigation as provided for in the provisions of Art.13, Par.1 has divulged or made a fraudulent use of secrets of any private person or of a juristic person whom he happens to know in performance of his duties, shall be liable to penal servitude not more than six months or to a fine not more than five thousand yen;the same shall apply to any person who has obstructed the investigation as prescribed in the provisions of the same paragraph by circulating false rumours, or by fraudulent means, or by force.
Article 34.　Any violator as prescribed in the prvoisions of Arts.31 to 33 inclusive, if attendant circumstances demand, may be liable to both penal servitude and a fine.
In Art.35, "one thousand yen" shall read "ten thousand yen" and the item 3 of the same Article shall be deleted.
Art.36　shall be deleted.
In Art.37, "Arts.32 and 34" shall read "Art 31-(2), Art.32, Art.33" .
Arts.38 to 41 inclusive　shall be deleted.
In Art.42. "Par.3 of Art.14" shall read "Art.21" , "Foodstuffs Corporation" Shall read "Foodstuffs Distribution Corporations" and "one thousand yen" shall read "ten thousand yen"
Art.43　shall be deleted.
supplementary Provisions:
Article 1.　The present Law shall come into force as from the day of its promulgation.
Article 2.　With respect to the application of penal provisions to the acts done prior to the enforcement of the present Law (or prior to the nullification of the unamended provisions effective in accordance with the provisions of Art.7, Par.2 of the Supplementary Provisions in the case of the local food Eidan which will continue its existence in accordance with the provisions of Par.1 of the same Article), and the dissolution and liquidation of the food Eidan, the provisions prior to amendment shall remain in force even after the enforcement of the present Law (or prior to the nullification of the unamended provisions effective in accordance with the provisions of Art.6, Par.2 of the Supplementary Provisions, in the case of the local food Eidan which will continue its existence in accordance with the provisions of Par.1 of the same Article).
Article 3.　The Minister of Agriculture and Forestry shall order the organizing committee to conduct the affairs related to the establishment of the Food Distribution Kodan.
Article 4.　The organizing committee shall prepare the Articles of Incorporation for the approval of the Minister of Agriculture and Forestry and of the Director General of the Economic Stabilization Board.
When the approval referred to in the preceding paragraph is obtained, the organizing committee shall without delay request the Government for the payment of its capital.
Article 5.　When the payment of the capital is made, the organizing committee shall without delay transfer the affairs to the President of the Food Distribution Kodan.
When the President takes over the affairs mentioned in the preceding paragraph, all of the President, Vice-President, Director, and Auditor of the Food Distribution Kodan shall without delay have the establishment of the Food Distribution Kodan registered.
The Food Distribution Kodan shall come into existence upon the registration of its establishment.
Article 6.　The local food Eidan which is in existence at the time of the enforcement of this Law shall continue its existence even after the enforcement thereof.
With respect to the local food Eidan which will continue its existence in accordance with the provisions as prescribed in the preceding paragraph, the provisions of Art.15, Par.3, Art.17, Art.19, Par.3, Arts.20, 21, 23 and 30 which are applicable with necessary modifications in Arts.4, 14, 25 to 28 and 29, the provisions of which are not amended, shall still remain in force even after the enforcement of this Law.
Article 7.　The local food Eidan which will continue its existence in pursuance of the provisions mentioned in Par.1 of the preceding Article shall be dissolved as of the day of the formation of the Food Distribution Kodan.
Within the limits of the objective of the liquidation, the local food Eidan shall be deemed still to continue its existence until its liquidation is completed.
Article 8.　The Japan Sweet Potato and White Potato Co., Ltd. the Japan Starch Co., Ltd. shall be dissolved as of the day of the formation of the Food Distribution Kodan.
Article 9.　The Minister of Finance and the Minister of Agriculture and Forestry shall on the commencement of the function of the Food Distribution Kodan, designate the local food Eidans. Japan Sweet Potato and Irish Potato Co., Ltd. and Japan Starch Co., Ltd. as the closed institutions pursuant to the Closed Institution Ordinance.
Article 10.　The Japan Sweet Potato and White Potato Co., Ltd. shall transfer its surplus fund at the time of its dessolution to the Food Distribution Kodan, as provided for by Cabinet Order.
The amount transferred to in pursuance of the preceding paragraph shall not be included in the profits in calculating income as prescribed by the provisions of the Corporation Tax Law.
Article 11.　To any person other than the Food Distribution Kodan who actually uses the name "food distribution kodan" or any other name similar thereto at the time when this Law comes into force, the provisions of Art.42 of this Law shall not be applicable only during the period of six months from the day of the enforcement of the present Law.
Prime Minister　KATAYAMA Tetsu
Minister of Finance　KURUSU Takeo
Minister of Agriculture and Forestry　HATANO Kanae