I hereby promulgate The Law concerning Special Instances, etc. for Lease and Transfer of Ex-Military Property.
Signed:HIROHITO, Seal of the Emperor
This thirtieth day of the sixth month of the twenty-third year of Showa (June 30, 1948)
Prime Minister ASHIDA Hitoshi
The Law concerning Special Instances, etc. for Lease and Transfer of Ex-Military Property.
Article 1. Common property that belonged to the jurisdiction of the former War Ministry, Navy Ministry or Munitions Ministry may, when the public bodies provided for in Article 22 of the National Property Law (Law No.73, 1948)(hereinafter to be referred to as public bodies) are to employ waterworks or harbor facilities such as breakwater or quay for public use or for non-profit purposes, be leased free of charge to the public bodies concerned.
Lease free of charge prescribed in the preceding paragraph shall not be allowed if the management of the facilities concerned by the public bodies aims at making profit or accompanies profit.
When, after common property has been leased free of charge in accordance with the provisions of paragraph 1, the Chief of Ministry or Board (hereinafter meaning Chief of Ministry of Board as provided for in Article 4 paragraph 2 of the National Property Law) consideres its administration by the public bodies to be inadequate, or when its management comes to fall under the provisions of the preceding paragraph, the Minister of Finance shall cancel the contract without delay.
Article 2. Common property that belonged to the jurisdiction of the former War Ministry, Navy Ministry or Munitions Ministry may be transferred at a reduced price within 20% of the current market price during a period of three years after the date of enforcement of this Law, when the property is to be employed by public bodies for the use of medical institutions or for the use of schools prescribed in Article 1 of the School Education Law (Law No.26 1947)(hereinafter to be referred to as schools), to the public bodies concerned or the founders of schools.
Transfer prescribed in the preceding paragraph shall not be allowed if the management of the facilities concerned by public bodies aims at making profit or accompanies profit.
When, after common property has been transferred in accordance with the provisions of paragraph 1, its management comes to fall under the provision of the preceding paragraph, the reduced amount shall be collected without delay.
Article 3. In case, when common property that belonged to the jurisdiction of the former War Ministry, Navy Ministry or Munitions Ministry has been transferred, or when common property that was received as payment in kind in accordance with the provisions of the Capital Levy Law (Law No.52, 1946) or the War Indemnity Special Measures Law (Law No.38, 1946) has been transferred to those who have continuously been using the property at the time of transfer, it is considered difficult for the transferee to pay the sales price or the margin of exchange in a single payment, a special agreement for deferred payment, not exceeding three years, secured by reliable mortgage, and with interest, may be concluded.
When a special agreement for deferred payment is to be concluded in accordance with the provisions of the preceding paragraph, the provisions of Article 31 paragraphs 2 and 3 of the National Property Law shall apply mutatis mutandis.
Article 4. Official property that was in use by To, Do, Fu or Ken for its commitment, undertaking or as residence of its personnel at the time of the enforcement of the Local Autonomy Law (Law No.67, 1946) shall be leased free of charge to the To, Do, Fu or Ken concerned for a period not exceeding five years after the date of enforcement of this Law.
The provisions of Article 1 paragraphs 2 and 3 shall apply mutatis mutandis to lease free of charge in accordance with the provisions of the preceding paragraph.
Article 5. When the property which has been leased free of charge by local public bodies to the National Government to be used for National schools, is not used for the subject purpose, it shall be returned to the Local public bodies (inclusive subordinate local public bodies that contributed the property to those local public bodies).
Article 6. The report on the lease of national property free of charge prescribed in Article 36 paragraph 1 of the National Property Law shall be prepared for common property leased free of charge in accordance with the provisions of Articles 1 and 4 of this Law.
Supplementary Provision:
This Law shall come into force as from July 1, 1948.