法令番号: 法律第19号
公布年月日: 昭和23年4月5日
法令の形式: 法律

審議経過

I hereby promulgate the Law concerning the Partial Amendment to the Tobacco Monopoly Law and Others.
Signed:HIROHITO, Seal of the Emperor
This fifth day of the fourth month of the twenty-third year of Showa (April 5, 1948)
Prime Minister　ASHIDA Hitoshi
Law No.19
Article 1.　The Tobacco Monopoly Law shall be partly amended as follows:
The term "Ordinance" shall read "Ministeriai Ordinance" with the exception of "Ordinance" in Article 41, and the term "Imperial Ordinance" shall read "Cabinet Order."
In Article 7, the following paragraph shall be added:
When there is a request for permission to discontinue the cultivation of tobacco in accordance with the preceding paragraph, the Government shall not refuse the request if accompanied by proper reasons and it does not interfere with public interest.
In Paragraph 2 of Article 22, "besides the cases provided for in the Law," shall be inserted between "shall" and "be provided for by Ordinance."
Article 22-(2).　The Government may, in accordance with Ministerial Ordinance, give instructions to the tobacco dealers with respect to the matters on the sales of manufactured tobacco, including the furnishings of the store, books on the business, the amount of the manufactured tobacco which he is to hold in the store, by kinds, brands and types of packages, the preserving method of manufactured tobacco, the way of sale, as well as with respect to the business of associations organized by tobacco dealers.
The Government may, in accordance with Ministerial Ordinance, make a tobacco dealer report the amount of manufactured tobacco which he owns, by kinds, brands and types of packages.
To Article 33, the following paragraph shall be added:
A manufacturer of rice-paper shall obtain the permission of the Government beforehand, as for the establishment, or change of the manufactory, storage, or machine or instrument for the manufacture, in accordance with Ministerial Ordinance.
In Article 33-(4), the following paragraph shall be added:
The Government may appoint the date of the delivery mentioned in the preceding paragraph.
In Article 33-(7), the following two paragraphs shall be added:
In the case where a manufacturer of rice-paper abandons or suspends the manufacture, or is cancelled the licence for the manufacture, the existing raw materials, processed materials or unfinished products of rice-paper shall not be disposed of, unless he obtains approval of the Government in accordance with Ministerial Ordinance.
When there is a request for permission to abandon the manufacture of rice-paper in accordance with Paragraph 1, the Government shall not refuse the request if accompanied by the proper reasons and it does not interfere with public interest.
Article 33-(9).　The rice-paper shall not be exported or imported by any person other than the Government or a person who is ordered to that effect by the Government.
The Government may, in accordance with Ministerial Ordinance, designate a special person to make him transact a part of the business on the export or import of the rice-paper, in the case where it is deemed necessary.
A person who is ordered the export or import of the rice-paper, or a person who transacts the business on the export or import of the rice-paper under the preceding paragraph, shall report or notify with respect to the transaction thereof, in accordance with Ministerial Ordinance.
Besides the cases provided in this Article, Regulations relating to the export or import of the rice-paper shall be provided for by Ministerial Ordinance.
In Article 36, "or export to territories" and "or import from territories" shall be deleted.
In Article 37, "or exporter to territories," "or importer from territories" "or export to territories" and "or import from terrirories" shall be deleted.
Article 37-(3).　"Before the cancellation of the licence in accordance with the preceding two Articles the Government shall give a notification to the person concerned, and inform him that he shall submit counter-evidences in case he is dissatisfied with it.
The Government shall examine into the counter-evidences submitted by him before the cancellation of the licence;excepting the cases where no such counter-evidences be submitted within 20 days after his receiving of the abovementioned notification."
In Article 41-(2), "not less than ten yen and not exceeding five hundred yen" shall read "not exceeding fifty thousand yen."
In Articles 42, 44 and 45, not less than five yen and not exceeding one hundred yen "shall read" not exceeding thirty thousand yen."
In Article 46, "not less than five yen and not exceeding fifty yen" shall read "not exceeding five thousand yen."
In Article 47, "not less than three yen and not exceeding thirty yen" shall read "not exceeding five thousand yen."
In Articles 48 and 49, "five hundred yen" shall read "fifty thousand yen."
Article 49-(2).　A person who comes under any of the following items shall be punished with a fine not exceeding five thousand yen:
1.　A person who is in contravention of the Government's instructions given under Paragraph 1 of the Article 22-(2);
2.　A person who fails to make report or makes a false report, in the reporting mentioned in Paragraph 2 of the same Article.
In Article 50, "not less than five yen and not exceeding three hundred yen" shall read "not exceeding thirty thousand yen."
In Article 51, "one hundred yen" shall read "ten thousand yen."
In Article 52, "not less than thirty yen and not exceeding one thousand yen" shall read "not exceeding fifty thousand yen."
In Article 53, "not less than two yen and not exceeding twenty yen" shall read "not exceeding five thousand yen."
In Article 54, "not less than five yen and not exceeding one hundred yen" shall read "not exceeding five thousand yen."
Article 54-(2).　A person who comes under any of the following items shall be punished with a fine not exceeding thirty thousand yen:
1.　A person who is in contravention of Paragraph 3 of Article 33;
2.　A person who is in contravention of the order of the Government issued under Article 33-(3), Paragraph 2;
3.　A person who is in contravention of Article 33-(7), Paragraph 2.
Article 54-(3).　A person who fails, without reasonable causes, to make the delivery by the date of delivery mentioned in Paragraph 2 of Article 33-(4), shall be punished with a fine not exceeding five thousand yen.
In Article 55, "Paragraph 1," shall be added next to "Article 33-(7)," and "five hundred yen" shall read "thirty thousand yen."
In Article 55-(2), "five thousand yen" shall read "fifty thousand yen."
Article 55-(3).　A person who fails to report or notify in accordance with Paragraph 3 of Article 33-(9), or makes false report or notification, shall be punished with a fine not exceeding ten thousand yen.
In Article 56, "leaf-tobacco cultivated or cultivated for trial by a person without permission therefor, or" and "leaf-tobacco or" shall be deleted, and "not less than ten yen and not exceeding five hundred yen" shall read "not exceeding fifty thousand yen."
In Paragraph 1 of Article 57, "in the case of a tobacco dealer, with a fine not less than one hundred yen and not exceeding one thousand yen, and, in the case of others, with a fine not less than ten yen and not exceeding three hundred yen" shall read "with a fine not exceeding fifty thousand yen." In Paragraph 2 of the same Article, "leaf-tobacco or" shall be added next to "in violation of" and to "criminal offence" respectively, and "not exceeding five hundred yen" shall read "not exceeding fifty thousand yen."
In Article 58, "not less than one hundred yen and not exceeding five thousand yen" shall read "not exceeding fifty thousand yen."
In Article 59, "not less than ten yen and not exceeding one hundred yen" shall read "not exceeding fifty thousand yen."
In Article 60, "not less than thirty yen and not exceeding five hundred yen" shall read "not exceeding fifty thousand yen."
In Article 62, "not exceeding one hundred yen" shall read "not exceeding ten thousand yen."
In Article 63, "exporter to territories," "or importer from territories" and "or Ordinances issued thereunder" shall be deleted.
In Article 64, "or Ordinance issued there under" shall be deleted.
In Article 65, "exporter to territories," "importer from territories" and "household-head member of family," and "or Ordinances issued thereunder" shall be deleted.
In Articles 66 and 67, "or Ordinances issued thereunder" shall be deleted.
Article 87　shall be deleted.
Article 2.　The Salt Monopoly Law shall be partly amended as follows:
The term "Ordinance" except that in Article 17-(10) as well as in Items 3 and 4, Article 40-(3) shall read "Ministerial Ordinance" and, the term "Imperial Ordinance" and "Ordinance" in Item 4, Article 40-(3) shall read "Cabinet Ordinance."
In Article 3, "or transport from the areas where this Law is not in force" and "or transported from the areas where this Law is not in force" shall be deleted.
In Articles 5, 7 and 15-(2), the terms "or transported" shall be deleted.
To Article 12 the following paragraphs shall be added:
When a salt-manufacturer abandons or suspends the manufacture of salt or bittern, or is cancelled the licence for the manufacture, the existing brine or salt-sand shall not be disposed of, unless he obtains approval of the Government in accordance with Ministerial Ordinance.
When there is a request for permission to abandon the manufacture of salt and bittern in accordance with Paragraph 1, the Government shall not refuse the request if accompanied by proper reasons and it does not interfere with public interest.
To Article 13 the following paragraph shall be added:
"Before the cancellation of the licence in accordance with the preceding paragraph the Government shall give a notification to the person concerned, and inform him that he shall submit counter-evidences in cases he is dissatisfied with it.
The Government shall examine into the counter-evidences submitted by him, before the cancellation of the licence,
excepting the cases where no such counter-evidences be submitted within 20 days after his receiving of the abovementioned notification."
In the Article 17-(14), "excepting the salt provided for to that effect in this Law," shall be added next to "The provisions concerning salt sale."
Article 17-(15).　The Government may, in accordance with Ministerial Ordinance, order a wholesaler of salt to establish office or storage of salt, when it is deemed necessary.
When a wholesaler of salt intends to establish or change his office or storage, he shall obtain permission of the Government, in accordance with Ministerial Ordinance.
Article 17-(16).　The Government may, in accordance with Ministerial Ordinance, give instructions to the salt dealers with respect to the matters on the sales of salt, including the furnishings of the selling place and storage for salt, the kinds and amount of salt which he is to hold, and preserving method of salt, as well as with respect to the business of associations organized by the salt dealers.
Article 17-(17).　The Government may, in accordance with Ministerial Ordinance, permit a delayed payment of the purchase-money for a salt wholesaler by being offered a security.
The Government may, in accordance with Ministerial Ordinance, inspect the business and accounts of a salt wholesaler who is permitted the delayed payment under the provisions of the preceding paragraph.
The Government may cancel the permission for the delayed payment under Paragraph 1, when the Government deems the delay of payment unnecessary to be continued any more, in consequence of the inspection under the provisions of the preceding paragraph.
In Article 19, "or areas where this Law is not in force" and "or transported to areas where this Law is not in force," shall be deleted.
In Article 25, "five hundred yen" shall read "fifty thousand yen," "Article 12" shall read "Paragraph 1 of Article 12," "in the case of salt or bittern a sum equivalent to the fixed prices of sale under Article 18, and in the case of brine" shall be deleted, and in Item 1, "the body of Paragraph 2 of Article 11" shall be added next to "Article 5."
In Article 26, "fifty yen" shall read "fifty thousand yen," and "transporter" and "The same shall be applicable in case where he transports salt bittern by a shipping route other than prescribed by the Government" shall be deleted.
Article 26-(2).　In the case where a salt manufacturer or a salt importer transports salt or bittern by a shipping route other than prescribed by the Government, without reasonable causes, he shall be punished with a line not exceeding five thousand yen.
In Article 27, "one hundred yen" shall read "thirty thousand yen."
In Article 28, "thirty yen" shall read "ten thousand yen."
In Article 29, "not less than three yen and not exceeding thirty yen" shall read "not exceeding ten thousand yen."
In Article 30, "Article 11" shall read "Paragraph 1 and proviso to Paragraph 2 of Article 11," and "thirty yen" shall read "one thousand yen."
In Article 30-(2), "two hundred yen" shall read "thirty thousand yen."
In Article 30-(3), "not less than ten yen and not exceeding five hundred yen" shall read "not exceeding fifty thousand yen."
Article 30-(4).　A person who comes under any of the following items shall be punished with a fine not exceeding ten thousand yen:
1.　A person who is in contravention of the Ordinance issued under Article 17-(15) or the provisions of the same Article;
2.　A person who is in contravention of the instructions of the Government issued under Article 17-(16).
In Article 31, "not less than five yen and not exceeding fifty yen" shall read "not exceeding thirty thousand yen."
In Article 32, "thirty yen" shall read ten thousand yen."
In Article 33, "not less than three yen and not exceeding thirty yen" shall read "not exceeding ten thousand yen."
In Article 35 and Article 36, "or Ordinances issued thereunder" shall be deleted.
In Article 37, "household-head, member of family," and "or Ordinances issued thereunder" shall be deleted.
In Article 38, "or Ordinances issued thereunder" shall be deleted.
Article 42 of Supplementary Provisions　shall be deleted.
Article 3.　The Crude Camphor and Camphor Oil Monopoly Law shall be partly amended as follows:
The term "Ordinance" shall read "Ministerial Ordinance."
In Articles 4 and 5, the phrase "abroad or transport between Japan proper and Formosa" shall be deleted, and in Article 5, "or imported" shall be added next to "exported."
In Article 6, the following paragraph shall be added:
When there is a request for permission to discontinue the manufacture of camphor in accordance with the preceding paragraph, the Government shall not refuse the request if accompanied by proper reasons and it does not interfere with public interest.
Paragraph 2 of Article 10 shall be deleted and the following paragraph shall be added:
Before the cancellation of the licence in accordance with the preceding paragraph the Government shall give a notification to the person concerned, and inform him that he shall submit counter-evidences in case he is dissatisfied with it.
The Government shall examine into the counter-evidences submitted by him before the cancellation of the licence,
excepting the cases where no such counter-evidences be submitted within 20 days after his receiving of the aforementioned notification."
In Article 15, "not less than ten yen and not exceeding one hundred yen" shall read "not exceeding thirty thousand yen."
In Article 16, "not less than ten yen and not exceeding five hundred yen" shall read "not exceeding fifty thousand yen," and in Item 4 "or suspension under the second paragraph of Article 10" shall be deleted.
In Article 17, "an administrative fine not less than one yen and not exceeding one yen and ninety-five sen" shall read "a fine not exceeding one thousand yen."
In Article 18, "not less than three yen and not exceeding thirty yen" shall read "not exceeding ten thousand yen."
In Article 19, "not less than three yen and not exceeding thirty yen" shall read "not exceeding ten thousand yen."
In Article 20 and Article 21, "or Ordinances issued thereunder" shall be deleted.
In Article 22, "household-head, member of family," and "or Ordinances issued thereunder" shall be deleted.
In Article 23, "or Ordinances, issued thereunder" shall be deleted, and "Imperial Ordinance" shall read "Cabinet Order."
Article 24　shall be deleted.
Supplementary Provision:
This Law shall come into force as from the day of its promulgation.
Minister of Finance　KITAMURA Tokutaro
Prime Minister　ASHIDA Hitoshi