I hereby promulgate the Law amending a Part of the Tobacco Monopoly Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-eighth day of the sixth month of the twenty-third year of Showa (June 28, 1948)
Prime Minister ASHIDA Hitoshi
Law amending a part of the Tobacco Monopoly Law
The Tobacco Monopoly Law (Law No.14, 1904) shall be partially amended as follows:
To Article 9, the following three paragraphs shall be added:
A person who intends to cultivate tobacco seedling shall apply for a permission to the Government yearly, fixing the location and acrea e of the seedling bed. The same shall apply to a case where he intends to change the above items or to abandon the cultivation of the tobacco seedling.
The provisions of paragraph 2 of Article 7 shall apply, with necessary modifications, to the case of the preceding paragraph.
Assigning and receiving of the tobacco seedling shall be made with a permission of the Government.
In paragraph 1 of Article 11, "or the number of leaves" shall be added next to "the crop quantity."
In paragraphs 1 and 3 of Article 12, "or the number of leaves" shall be added next to "the quantity."
In paragraph 2 of Article 14, "seeds" shall read "tobacco seeds."
Article 14-(2). Any person other than a tobacco cultivator shall not own the tobacco seeds.
In Article 17, "or the number of leaves" shall be added next to "quantity," and "three times" shall read "twenty times."
In paragraph 2 of Article 21, "Article 14-(2)" shall be added next to "Article 9."
In Article 34, "tobacco seedlings, tobacco seeds" shall be added next to "leaf tobacco," "without a mark of the Government" shall read "which has not been sold by the Government," and "for exclusive use in manufacture of tobacco or rice paper" shall read "for manufacture of tobacco or for exclusive use in manufacture of rice paper."
In Articles 36 and 37, "for exclusive use in manufacture of tobacco or rice paper" shall read "for manufacture of tobacco or for exclusive use in manufacture or rice paper."
In Article 41, "imprisonment with hard labour for a term not exceeding three years or with" shall be added next to "shall be punished with."
In Article 41-(2), "paragraph 1" shall be added next to "Article 9," and "a fine not exceeding fifty thousand yen" shall read "imprisonment with hard labour for a term not exceeding three years or a fine not exceeding fifty thousand yen."
In Articles 48 and 49, "a fine not exceeding fifty thousand yen" shall read "imprisonment with hard labour for a term not exceeding three years or a fine not exceeding fifty thousand yen."
In Articles 52 and 55-(2), "a fine not exceeding fifty thousand yen" shall read "imprisonment with hard labour for a term not exceeding three years or a fine not exceeding fifty thousand yen."
Article 56 A person who owns, assigns or receives a tobacco seedling or tobacco seed, in contravention of paragraph 1 of Article 34, shall be punished with imprisonment with hard labour for a term not exceeding three years or a fine not exceeding fifty thousand yen, and the tobacco seedling or tobacco seed relating to the offense shall be confiscated.
Article 56-(2). A tobacco cultivator who cultivates tobacco seedlings in a field for which he has not obtained the permission of the Government, in contravention of paragraph 2 of Article 9, shall be punished with a fine not exceeding thirty thousand yen, and the tobacco seedlings relating to the offense shall be confiscated.
In Articles 57, 58 and 59, "a fine not exceeding fifty thousand yen" shall read "imprisonment with hard labour for a term not exceeding three years or a fine not exceeding fifty thousand yen."
Article 60. A person who owns, assigns or receives a instrument or machine to be used exclusively for manufacture of tobacco or rice paper, in contravention of paragraph 1 of Article 34, shall be punished with imprisonment with hard labour for a term not exceeding three years or a fine not exceeding fifty thousand yen, and the instrument or machine to be used exclusively for manufacture of tobacco or rice paper relating to the offence shall be confiscated.
The same shall apply to a person who is in contravention of Article 36.
Article 60-(2). A person who is in contravention of any of Articles 41, 41-(2), 48, 49, 52, 55-(2) and Articles 57 to 60 inclusive, may be punished with both the imprisonment and the fine, in view of the attendant circumstances.
Article 63. In cases where a representative of a corporation or an agent or servant or other employee of a corporation or person is in contravention of any of Articles 41 and 42, 44 to 53 inclusive, 55 to 60 inclusive and 62, in respect to the business or property of the corporation or person, the corporation itself or the person himself shall be punished with the fine provided for in respective Article besides punishing the offender.
Article 64. To a person who is in contravention of any of Articles 41 and 42, 44, 45, 47 to 50 inclusive and 52 to 60 inclusive, shall not apply the provisions of the proviso to paragraph 3 of Article 38, paragraph 2 of Article 40, Article 41;paragraph 2 of Article 48, Article 63 and Article 66 of the Criminal Code. However, the above shall not apply to the case where the offender is punished with imprisonment with hard labour under any of Articles 41-(2), 48, 49, 52, 55-(2), 56 and Articles 57 to 60 inclusive.
Articles 65 and 66 shall be deleted.
Supplementary Provisions:
The present Law shall come into force as from the day of its promulgation.
As for application of the penal provisions to an act which has been conducted prior to the enforcement of this Law, the precedent shall be followed.