The Postal Money Order Law
法令番号: 法律第59号
公布年月日: 昭和23年6月26日
法令の形式: 法律
I hereby promulgate The Postal Money Order Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-sixth day of the sixth month of the twenty-third year of Showa (June 26, 1948)
Prime Minister ASHIDA Hitoshi
Law No.59
The Postal Money Order Law
Chapter 1. General Provisions
Article 1.(Object of this law.) The object of this law is to contribute to smooth economic activity of the people by furnishing them with postal money order service universally and impartially as simple and sure means of remittance.
Article 2.(Postal money order service as State function and duties of Minister of Communications.) Postal money order service is a function of the State and is conducted under the administration of the Minister of Communications.
The Minister of Communications shall, in order to attain the object of this law, be responsible for the following:
1. To issue Ministerial Ordinance, in accordance with the provisions of treaties and laws relative to postal money order service;
2. To designate post offices which treat postal money order and fix hours of attendance at post offices, not inconsistent with law;
3. To establish or discontinue money order account office, not inconsistent with law;
4. To direct and supervise persons engaged in postal money order service with reference to their duties;
5. Not inconsistent with law, to provide welfare, health and other necessary facilities for the increase of efficiency of persons engaged in postal money order service and to train such persons.
6. To make necessary contracts for the performance of postal money order service, in accordance with the provisions of laws relative to finance and account.
7. To perform duties of the Minister of Communications excepting those stated in each of the preceding items, relating to postal money order service which are imposed by law.
Article 3.(Authorization of duties of Minister of Communications.) The Minister of Communications may delegate his authority to the Director of Communications Bureau or postmaster, with respect to the minor details of his duties which are prescribed by this law, fixing necessary conditions therefor.
Article 4.(Official engaged in postal money order service.) The matters relating to status, compensation and performance of duty of the government officials engaged in the postal money order service, shall be specially prescribed by law.
Article 5.(Fxemption from stamp duty.) No stamp duty shall be imposed on the document relating to postal money order.
Article 6.(Treaties with respect to postal money order.) Any provision, with respect to postal money order, contained in treaties shall preferentially apply.
Article 7.(Kind of postal money order.) The postal money order shall be ordinary money order, telegraphic money order and postal order.
Article 8.(Ordinary money order.) In Ordinary money order, when the remitter submits an application and cash for ordinary money order to the post office, it shall issue an ordinary money order inscribing thereon the amount of cash submitted and deliver it to the remitter. At the same time, the post office shall forward the application to the paying post office designated by the remitter, where the amount of order shall be paid to the payee designated by the remitter in exchange for the ordinary money order after collating it against the application.
Article 9.(Telegraphic money order.) In telegraphic money order, when the cash for telegraphic money order is submitted by the remitter with an application, the post office shall communicate the particulars by telegraph to the post office designated by Ministerial Ordinance, where a telegraphic money order for the amount of cash submitted shall be drawn and delivered to the payee designated by the remitter, forwarding the telegram, at the same time to the paying post office designated by the remitter (in case the designation is omitted, to the paying post office designated by the post office where the telegraphic money order is drawn) where the amount of order shall be paid to the payee, in exchange for the telegraphic money order after collating it against the telegram.
Article 10.(Postal order.) In postal order, when the cash for postal order is submitted by the remitter, the post office shall issue a postal order for the amount of cash submitted, and deliver it to the remitter. The payee whose name is inscribed on the postal order by the remitter, shall receive the amount of the order at the paying post office designated by the remitter (in case the designation is omitted, at such paying post office as the payee chooses), in exchange for the postal order.
Article 11.(Payment through the clearing house.) The provisions of the preceding three articles shall not prevent the postal money order from being paid through the clearing house.
Article 12.(Negotiation of right for the amount of money order.) The right of payee for the amount of postal money order shall not be negotiated to anyone except the bank.
The negotiation of the right of payee for the amount of money order to the bank cannot set up against the Ministry of Communications Organization and other third parties, unless the money order is actually delivered to the bank concerned.
To the negotiation of preceding paragraph, the provisions of Article 467 and Article 468 of Civil Law shall not be applicable.
Article 13.(Evidence of identity.) Ministry of Communications Organization may require of any remitter or payee of postal money order necessary evidence for asce taining his identity.
Article 14.(I egal payment and repayment.) When the amount of money order has been paid through the procedures provided for by this law or Ministerial Ordinance based on this law, such payment or repayment shall be assumed as having been effected legally.
Article 15.(Exemption from responsibility.) Ministry of Communications Organization shall not compensate for the loss caused by the delay of payment or repayment in the following cases:
1. When the post office where the payment or repayment of money order is to be made has not sufficient available fund;
2. When the documents relative to the payment or repayment are defective;
3. When the payment or repayment cannot be effected on account of force majeure.
Article 16.(Limit of amount of postal money order.) The maximum amount of ordinary money order, telegraphic money order and postal order (hereinafter generally called postal money order), shall be 5,000 yen per order, for ordinary money order and telegraphic money order:1,000 yen for postal order. However, the Minister of Communications may raise the limit of amount of postal money orders to be issued for the purpose of remitting public funds concerning the mail, telegraph, telephone, postal money order, postal savings and postal transfer service between the offices or between the officials and the officials engaged in these services, and ordinary money orders to be issued for the purpose of remitting the collected sum in the treatment of collection or delivery after the designation of the sender of the mail matter.
Fraction of one yen shall not be added to any amount of telegraphic money order.
Article 17.(Charges for postal money order.) The charge per order for issue of postal money order shall be as follows:
1. Ordinary money order:
Up to \1,000
\15
,, \3,000
\20
,, \5,000
\25
2. Telegrapbic money order:
Up to \100
\25
,, \300
\50
,, \1,000
\70
,, \3,000
\90
,, \5,000
\100
3. Postal order:
Up to \50
\2
,, \500
\4
,, \1,000
\6
In case the communication of telegraphic money order is made by urgent telegram, the charge for the telegraphic money order shall be double the charge mentioned in Item 2 of preceding paragraph.
With respect to postal money order, the maximum amount of which is raised according to the proviso of Paragraph 1 of preceding Article, the charge therefor shall be subject to the rate mentioned in the peceding two paragraphs, considering that the money order have been issued for every maximum amount prescribed in the principal sentence of the same paragraph or fraction thereof.
The charge for the postal money order shall be paid at the time when the cash is submitted to the post office by the remitter in accordance with the provisions of Article 8 to Article 10.
Article 18.(Reduction of and examption from charges.) The Minister of Communications may reduce or exempt the charges of postal money orders to be issued for the purpose of remitting public funds concerning the mail, telegraph, telephone, postal money order, postal savings and postal transfer service between the offices or between the offices and the officials engaged in these services.
Article 19.(Refundment of charges.) Of the charges for postal money orders which have already been paid, only followings shall be refunded at the request of the payer:
1. Charges overpaid or mispaid;
2. The amount corresponding to the charge for express mail, in case the delivery of an ordinary money order which should have been treated as express mail in accordance with the provisions of Paragraph 1 of Article 25, has proved to have the same effect as was resulted from the means of delivery other than such special treatment, through the negligence of those engaged in the postal money order service;
3. The difference of corresponding charges, between telegraphic and ordinary money order for the amount of the order concerned, in case the delivery of a telegraphic money order has proved no more effect than that of an engaged in the postal money order service;
4. Charges applications, the purpose of which has not been realized through the negligence of persons engaged in the postal money order service, with the exception of such cases as mentioned in the preceding two items.
After the lapse of one year from the date of payment of charges, no application shall be allowed for the refund ment of the charges mentioned in the preceding paragraph.
Article 20.(Period of validity of order.) The period of valididy of a money order shall be two months from the date of issue.
With regard to solitary islands and such localities where the means of communications are poor, the period mentioned in the preceding paragraph may be extended, if it is considered necessary by the Minister of Communications.
The days which have elapsed owing to the delay of payment or repayment of money order in accordance with the provisions of Article 15 shall be excluded from the period of validity mentioned in paragraph 1.
Article 21.(Reissue of duplicate mony order.) Ministry of Communications Organization shall, in the following cases, reissue the duplicate money order, at the demand of the remitter or payee of the postal money order:
1. When the postal order has been lost and period of validity has expired, or when the postal money order other than the postal order has been lost;
2. When the postal money order has been so much stained or damaged that descriptions therein are illegible; When the period of validity of postal money order has expired.
When the remitter or payee desires to get the twice duplicate order of the preceding paragraph, he shall pay one yen per order as charge.
Article 22.(Lapse of right on the amount of money order.) The rights of the remitter and payee on the amount of money order shall lapse, unless the application for duplicate or repayment of the order is made during the period of three years after the expiration of period of validity of postal money order.
Article 23.(Restriction on utilization and suspension of service.) In case of natural disasters or force majeure, if necessary, the Minister of Communications may restrict the utilization of the postal money order or suspend apart of the service, designating Ministry of Communications Organizations and fixing period, to ensure the essential services in operation.
Article 24.(Treatment for emergency.) In case of natural disasters or extra ordinary calamity, if it is necessary to meet with the urgent needs of the afflicted remitter or payee of the postal money order, the Minister of Communications may exempt the charges or make the expedient treatment concerning the postal money order, designating post offices and fixing period, in accordance with the provisions as may be provided for by Ministerial Ordinance.
Chapter 2. Ordinary Money Order
Article 25.(Delivery of order.) When a remitter has applied at the time of presentation of cash to a post office under the provision of Article 8, the post office shall send an ordinary money order to a payee as a mail matter of nonspecial treatment or an express mail matter in accordance with the designation of the remitter.
For the treatment mentioned in the provision of the preceding paragraph, the remitter shall pay the charge fixed by Ministerial Ordinance on the basis of the rate of fees concerning mail.
Article 26.(C. O. D. order.) On the treatment of collection on delivery, the cherge for postal money order, by which Ministry of Communications Organization remits the sum collected after the designation of the sender of the mail matter, shall be paid by the payee of the postal money order at the time when he receives the payment of amount of money order or applies to pay-in with the order to the postal transfer account, regardless of the provision of Paragraph 4 of Article 17.
The charge for the ordinary money order mentioned in_the preceding paragraph shall be the same as that for the postal order, in case the amount of order does not exceed one thousand yen, regardless of the provision of Paragraph 1 of Article 17.
 
 
Article 29.(Suspension of payment.) When a post office has been applied for the suspension of payment of the amount of money order by a remitter of the ordinary money order, it shall either suspend the payment of the amount of money order or inform a paying post office to the effect that the application for suspension of payment has been made, by mail or telegraph after the designation of the remitter.
The paying post office, when it is notified of the information of the preceding paragraph, shall not pay the amount of money order. However, when the payment of amount of money order has been effected already, the post office shall only inform the remitter to that effect.
In case the application for release of suspension of payment the amount of money order is made to a post office which is not the paying post office, it shall inform the paying post office to the effect that the application for release has been made, by mail or telegraph after the designation of the remitter.
To the treatment of informations mentioned in Paragraph 1 and the preceding paragraph, the provision of Paragraph 3 of Article 27 shall be applicable.
Article 30.(Advice of payment.) When a remitter has applied at the time of presentation of cash to a post office under provision of Article 8, a paying post office shall advice him of the payment of money order, after the payment is effected.
To the treatment prescribed in the preceding paragraph, the provision of Paragraph 3 of Article 27 shall be applicable.
Article 31.(Inquiry of payment.) On the application by a remitter of the ordinary money order, a post office shall inform the remitter of the effect after inquiring whether the amount of money order has been paid or not.
In case of the preceding paragraph, when the post office which has received the application of the same paragraph has to inquire of other Ministry of Communications Organizations, it shall send inquiry by mail or telegraph after designation of the remitter.
To the treatment prescribed in the preceding paragraph, Paragraph 3 of Article 27 shall be applicable.
Article 32.(Repayment.) On the application by a remitter, the post office to which he has presented cash under the provision of Article 8, shall repay the amount of money order to the remitter in exchange for a postal money order.
In case a postal money order has been lost, so much stained or damaged that the description thereon has been illegible, or the period of validity thereof has expired, if the amount of money order has not been paid yet, the post office mentioned in the preceding paragraph shall repay the amount of money order, regardless of the provision of the same paragraph.
For the treatment prescribed in the preceding paragraph, the remitter shall pay one yen as charge.
Article 33.(Alteration of paying or repaying post office.) The post office to pay or repay the amount of money order may be altered at the request of a remitter or payee of the ordinary money order as may be provided for by Ministerial Ordinance.
For the treatment prescribed in the preceding paragraph, the remitter or payee shall pay one yen as charge.
Chapter 3. Telegraphic Money Order
Article 34.(Special treatment.) On the application made be a remitter at the time of presentation of cash to a post office under the provision of Article 9, a post office shall deliver the voucher concerning telegraphic money order be the special speed-up way of delivery in accordance with the provisions of Ministerial Ordinance.
To the treatment prescribed in the preceding paragraph, Paragraph 3 of Article 27 shall be applicable.
Article 35.(Retention of telegraphic money order.) In case a remitter has applied at the time of presentation of cash to a post office under the provision of Article 9, a poot office designated by Ministerial Ordinance mentioned in the same Article shall send a telegraphic money order to a paying post office where the order shall be retained and delivered to the payee on his appearance at the office.
In case of the preceding paragraph, when the payee does not appear at the office during seven daip frow the date of issue of the Order, the telegraphic money order shall be sent to the remitter.
Article 36.(Applicable provisions.) With regard to telegraphic money order, the provisions of Article 27 to Article 33 shall be applicable. In this case, "Article 8" in Paragraph 1 of Article 27, Paragraph 1 of Article 28, Paragraph 1 of Article 30 and Paragraph 1 of Article 32 shall read "Article 9."
Chapter 4. Postal Order
Article 37.(Correction of description on postal order, etc.) Correction of description on postal order or cancellation of designation of paying post office shall be made by post office at the request of remitter.
Article 38.(Applicable provisions.) With regard to postal order, the provisions of Article 28 and Article 30 to Article 32 and Paragraph 1 of Article 33 shall be applicable. In this case, "Article 8" in Paragraph 1 of Article 30 and Paragraph 1 of Article 32 shall read "Article 10."
The repayment under the provision of Paragraph 2 of Article 32 to be applicable to the preceding Paragraph, shall not be made during the period of validity of the order in case of the missing of the postal order.
Supplementary Provisions:
Article 39. This Law shall come into force as from the twenty-first day counting from the day of its promulgation.
Article 40. The Postal Money Order Law, Law No.55 of 1900 shall be rescinded.
Article 41. with the exception of the provision of Article 31, this law shall be applicable to the postal money order for which the remitter has submitted cash to the post office before the enforcement of this Law.
Article 42. With regard to postal money order for restricted payment under the provisions of Emergency Financial Measures Ordinance, Regulations relating to the handling of restricted payment in accordance with the Emergency Financial Measures Ordinance, Cabinet Ordinance No.61 in the year 1946, shall be in force, during the enforcement of the Ordinance.
Prime Minister ASHIDA Hitoshi
Minister of Finance KITAMUAR Tokutaro
Minister of Communications TOMIYOSHI Eiji