I hereby promulgate the Law concerning the Government Housing for the National Public Service Personnel.
Signed:HIROHITO, Seal of the Emperor
This thirtieth day of the fifth month of the twenty-fourth year of Showa (May 30, 1949)
Prime Minister YOSHIDA Shigeru
Concerning the Government Housing for the National Public Service Personnel
(Purpose of this Law)
Article 1. The purpose of this Law shall regulate housing to be provided to the national public service personnel.
2 The provisions of this Law shall not be construed to repeal, amend or supersede any provisions of the National Public Service Law (Law No.120 of 1947;including any provision to be thereinto amended hereafter;hereinafter the same), and the matters as provided for in this Law shall be the subject of recommendation by National Personnel Authority under the provisions of Article 28 of the National Public Service Law.
(Definition of the Government Housing)
Article 2. The housing as referred to in this Law is housing established directly by the National Government for the national public service personnel and members of their family who chiefly support their living by the income of the national public service personnel, in order that the Government may perfectly perform its business or work.
(The Housing Council)
Article 3. The Housing Council (hereinafter referred to as "the Council" ) shall be established under jurisdiction of the Prime Minister, in view of assuring the complete enforcement of this Law and attaining its object.
2 The Committee shall investigate and deliberate on the following matters in response to the inquiries of the Prime Minister:
(1) Plans on establishment of the housing;
(2) Standard regarding maintenance and control of the housing;
(3) Coverage of personnel to be assigned to the rent-free housing as prescribed in Article 12;
(4) Standard of rental charge per tsubo for the rented housing as prescribed in Article 13;
(5) Standard to select occupant of the housing as prescribed in Article 15.
3 The rented housing shall be provided at full reasonable rental charges and not as a part of the compensation of the national public service personnel. The rental charge shall be fixed, considering primarily prevailing rent officially established for privately owned housing of like size, location and condition or, if there is no official or legal rent, the prevailing rental charge for comparable privately owned housing in same or similar area.
4 The Council may disclose its views at times on other important matters in connection with the Government housing to the Government agencies concerned.
Article 4. The Council shall be composed of the following members:
(1) Deputy Director of the Cabinet Secretariat;
(2) Deputy Secretary General of the House of Representatives;
(3) Deputy Secretary General of the House of Councillors;
(4) Secretary General of the Supreme Court;
(5) Vice Minister of Finance;
(6) Vice Minister of Construction;
(7) Deputy Directer General of the Economic Stabilization Board;
(8) Deputy Secretary General of the National Personnel Authority.
2 The members abovementioned in (1) and (7) items, shall be appointed by the Prime Minister.
Article 5. The Council shall have chairman, whose post shall be occupied by Deputy Director of the Cabinet Secretariat.
2 The chairman shall preside over the Council.
3 In case the chairman is unable to preside, one of the Council member designated by the Prime Minister shall be act for the chairman.
Article 6. The chairman shall convoke the meeting of Council, decision of which shall be made by a majority vote excluding the chairman. In case of a tie, the chairman shall decide the issue.
2 The Council shall not hold a meeting or decide matters without the participation of at least five members.
Article 7. The matter which falls under each of items as prescribed in Article 3 paragraph 2 shall be regulated by Cabinet Order, which shall have its basis on the determination of the Housing Investigation Council.
(Administration of the Housing)
Article 8. The Minister of Finance shall deal with the business in connection with synthetical adjustment on establishing, maintaining and controlling of the government housing following the provisions of Cabinet Orders as prescribed in the preceding Article.
2 Speaker of the House of Representatives, President of the House of Councillors, Prime Minister, Attorney-General, Ministers of respective ministries, President of the Supreme Court, President of the Board of Audit and President of the National Personnel Authority (hereinafter referred to as "Chief of each Ministry or Agency" ) shall establish, maintain and control the housings for the national public service personnel under respective jurisdiction in accordance with standards determined by the Minister of Finance as prescribed in the preceding paragraph.
(Kind of the Housing)
Article 9. The housing shall be of three kinds, namely, official residence, rent-free housing and rented housing quarters and independent dwellings, being included in the latter two kinds.
(Official Residence)
Article 10. The national public service personnel enumerated below shall be entitled to official residence with no rental charges:
(1) Speaker and Vice Speaker of the House of Representatives;
(2) President and Vice President of the House of Councillors;
(3) Prime Minister and Ministers of State;
(4) Judges of the Supreme Court;
(5) President of the Board of Audit;
(6) President of the National Personnel Authority;
(7) Secretary Generals of the House of Representatives and the House of Councillors;
(8) Chief of the Imperial Household and Grand Chamberlain;
(10) Chairman of the National Public Safety Commission;
(11) Director of the Cabinet Secretariat.
Article 11. The official residence may be furnished with desks, chairs and other equipments as are necessary to be used free of charge.
(Rent-Free Housing)
Article 12. Those who are designated by Cabinet Order from among the national public service personnel described in the following shall be assigned to rent-free housing;
(1) The national public service personnel who are required to be available outside of regular working hours in connection with their regular duties for emergency service in view of preventing the loss of life or preperty, emergency service in connection with transportation and communication system and services of a similar nature;
(2) Such staff of institutes as are directly engaged in research projects or/and laboratory experiments where continuity of work is essential;
(3) The national public service personnel who work in agencies situated in remote areas or in isolated agencies;
(4) Responsible Custodians of Government offices who have to live on the premises in order to carry out their duties.
2 Rent-free housing shall be provided as a part of the total rate of compensations fixed for each of such positions.
(Rented Housing)
Article 13. Rented housing may be established within the limit of budget and provided to the national public service personnel other than those as signed to the official residence or rentfree housing in the following cases:
(1) On the basis of necessity to business or work of the Government in connection with their duties;
(2) Due to the fear of felling into stagnancy in the management of business or work of the Government caused by housing shortage in the localities where their offices are situated.
(Rental Charge for Rented Housing)
Article 14. Rental charge for rented housing fixed at monthly amount shall be determined to each housing by Chief of each Ministry or Agency in accordance with standard of the charge rate per tsubo to be set down by Cabinet Order.
2 Rental charge for the month when the housing is newly provided or vacated shall be computed by daily rate.
3 The remuneration pay agency for one who is provided with the rented housing shall deduct every month the amount corresponding to the rental charge from his remuneration on the pay day and pay it in his place to the National Treasury.
(Selection of Occupant of Rented Housing)
Article 15. In selecting occupant of the rented housing, chief of each Ministry or Agency shall make it in equity on the basis of necessity of business or work of the National Government in accordance with standard to be established by Cabinet Order.
(Obligation to keep the Housing duly)
Article 16. The occupant of housing shall be duly attentive to keeping the housing in its normal condition.
(Cost of Repair for the Housing, etc.)
Article 17. The costs of repairs of the official residence and such charges as electricity, water and gas supplies and others which are necessary to maintain the official residences shall be borne by the National Treasury.
2 In case rent-free housing or rented one comes to be impaired or stained due to natural calamity, lapse of time or other causes for which its occupant is not responsible, the costs of necessary repairs shall be borne by the National Treasury.
(Bearing of Expenses)
Article 18. The expenses necessary for establishment, maintenance, and control of the housing, as well as its rental charge shall belong to the respective account which pays the remuneration of those who are provided with the housing.
2 As for the resources of expenses necessary for establishment, maintenance, and control of the housing established with expenses borne by such special accounts as Government Railway Service Special Account, Communication Service Special Account and other special accounts which operate their business on an enterprise basis, transfer from General Account shall be prohibited.
(Vacation of the Housing)
Article 19. In case the occupant of housing fall under one of the following specifications, he shall vacate the housing without delay, or in the case of official residence and rent-free housing within sixty days, and in the case of rented housing within six months:
(1) In case of being relieved of position as national public service personnel;
(3) In case of losing capacity of having no necessity to occupy the housing due to change of duties or office;
(4) In case of conceding to priority to dwell therein in connection with necessity of business or work of the Government.
(Details regarding Enforcement of this Law)
Article 20. The Minister of Finance shall fix details as are necessary for putting this Law into force.
Supplementary Provisions:
1. This Law shall come into force as from the day when the period of two months has elapsed from the day of its promulgation.
2. The housings which are provided for the national public service personnel at the time of enforcement of this Law shall be treated respectively as the housings as provided in this Law corresponding to the following specification:
(1) As to housing provided for the national public service personnel prescribed in Article 10, official residence;
(2) As to housing provided for those who are designated by Cabinet Order from among the national public service personnel falling under one of the items as prescribed in Article 12, paragraph 1, rent-free housing;
(3) As to housing provided for others, rented housing.
3. The Housing Council shall report to the Diet the result of investigation and deliberation on the matters mentioned in Article 3, paragraph 2.
4. Until the time when the investigation and deliberation on the matters mentioned in Article 3, paragraph 2 is completed by the Housing Council, the housing to be provided to the national public service personnel shall be treated in the same way as before, regardless of the provisions of this Law.
5. The following Imperial Ordinances and others shall be abolished:
Cabinet Circular concerning Lease of Official Quarters (Dajokan-tasshi No.53, 1876);
Imperial Ordinance concerning Compensation for Police (Imperial Ordinance No.259, 1906);
Imperial Ordinance concerning Granting Quarter Allowance to Employees of the Government Railway (Imperial Ordinance No.294, 1906);
Imperial Ordinance concerning Allowance for Prison Guard (Imperial Ordinance No.438, 1922);
Imperial Ordinance concerning Allowance for Instructor of House of Correction (Imperial Ordinance No.491, 1922);
Imperial Ordinance concerning Salary and Allowance for Deputy Prison Guard (Imperial Ordinance No.868, 1935).
Prime Minister YOSHIDA Shigeru
Minister for Foreign Affairs YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Attorney-General UEDA Shunkichi
Minister of Education TAKASE Sotaro
Minister of Welfare HAYASHI Joji
Minister of Agriculture and Forestry MORI Kotaro
Minister of International Trade and Industry INAGAKI Heitaro
Minister of Transportation OYA Shinzo
Minister of Communications OZAWA Saeki
Minister of Labor SUZUKI Masabumi
Minister of Construction MASUTANI Shuji