Law for Administrative Execution by Proxy
法令番号: 法律第43号
公布年月日: 昭和23年5月15日
法令の形式: 法律
I hereby promulgate the Law for Administrative Execution by Proxy.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the fifth month of the twenty-third year of Showa (May 15, 1948)
Prime Minister ASHIDA Hitoshi
Law No.43
Law for Administrative Execution by Proxy
Article 1. Matters connected with insuring the fulfilment of administrative obligations shall be determined by this Law, unless otherwise provided for by other laws.
Article 2. In cases where, in regard to acts (to be limited to those which another person is capable of fulfilling on behalf of the principal) ordered directly by law (inclusive of orders, regulations and by-laws based on the delegation by law;the same to apply hereinafter) or ordered by an administrative public office on the basis of law, a person who is under obligation does not fulfil such acts, and where it is deemed difficult to insure their fulfilment and such non-fulfilment, if left alone, is considered greatly prejudicial to the public interest, the competent administrative office may proceed to execute, of its own accord, the acts which should have been performed by the person under obligation or to cause a third party to perform such acts and collect the expenses therefor from the person under obligation.
Article 3. When the disposition as provided for in the preceding Article (execution by proxy) is to be made, a reasonable term for the fulfilment of the liability involved shall be fixed and previous warning shall be given by means of written document to the effect that, in the event of any failure to carry it out before the expiration of the desig nated term, the execution by proxy shall be resorted to.
When the person under obligation, after the receipt of the warning mentioned in the preceding paragraph, fails to fulfil his liability before the expiration of the designated term, the competent administrative office shall notify by means of a write of execution by proxy the person under obligation, the time of making such disposition, the name of the responsible person who is to be detailed for the execution by proxy, and the estimated amount of expenses necessary for the purpose.
In cases of emergency or imminent dange where there is urgent necessity for immediate performance of the act and there is no time to take the procedure prescribed in the two preceding paragraphs, the execution by proxy may be resorted to without going through the above procedure.
Article 4. The person responsible for execution who is detailed to the spot to carry out the execution by proxy shall carry on his person an identification card showing that he is the principal responsible for execution, and shall be required to present it for inspection at any time on demand.
Article 5. With regard to the collection of expenses incurred in connection with the execution by proxy, the amount actually incurred and the date of payment shall be decided first, and the person under obligation shall be ordered to pay by means of a written document.
Article 6. The expenses incurred in connection with execution by proxy may be collected following the pattern of the Law for the Collection of National Taxes.
In regard to the expenses incurred in connection with the execution by proxy, an administrative office may have a priority claim next to national taxes or the same priority with other cases of collecting of money by the local public body concerned, as the case may be, according to the classification of office expenses.
When the expenses incurred in connection with the execution by proxy have been collected, the amount collected shall revert to the revenue of national treasury or of local public body according to the classification of such office expenses.
Article 7. Any person who has objections with regard to execution by proxy may make an administrative appeal or file objections with the administrative concerned.
The office term for filing objections as provided in the preceding paragraph, the effect of filing such objections and the decisions on them shall be the same as in the cases of administrative appeal as provided in the Law for Administrative Appeal.
The provisions of the two preceding paragraphs do not affect the right of appeal to Court.
Supplementary Provisions:
The present Law shall come into force after 30 days reckoning from the day of its promulgation.
The Administrative Execution Law shall hereby be abolished.
Prime Minister ASHIDA Hitoshi
Minister for Foreign Affairs ASHIDA Hitoshi
Minister of Finance KITAMURA Tokutaro
Attorney-General SUZUKI Yoshio
Minister of Education MORITO Tatsuo
Minister of Welfare TAKEDA Giichi
Minister of Agriculture and Forestry NAGAE Kazuo
Minister of Commerce and Industry MIZUTANI Chozaburo
Minister of Transportation OKADA Seiichi
Minister of Communications TOMIYOSHI Eiji
Minister of Labor KATO Kanju