Special Procurement Agency Establishment Law
法令番号: 法律第129号
公布年月日: 昭和24年5月31日
法令の形式: 法律

審議経過

I hereby promulgate the Special Procurement Agency Establishment Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the fifth mouth of the twenty-fourth year of Showa (May 31, 1949)
Prime Minister　YOSHIDA Shigeru
Law No.129
Special Procurement Agency Establishment Law
Contents
Chapter I General Provisions(Articles 1-4)
Chapter II Internal Subdivisions(Articles 5-12)
Chapter III Local Branches(Articles 13-16)
Supplementary Provisions
Chapter I General Provisions
(Purpose of this Law)
Article 1.　The purpose of this Law is to define clearly the scope of responsibilities and the powers of the Special Procurement Agency and to provide an organization fit for the efficient conduct of the administrative affairs and enterprises under the jurisdiction of the Agency.
(Establishment)
Article 2.　The Special Procurement Agency shall be established under the provisions of Article 3 paragraph 2 of the National Government Organization Law (Law No.120 of 1948) as an external organ of the Prime Minister's Office.
2　The Special Procurement Agency shall be headed by the Director of the Special Procurement Agency.
(Mission of the Special Procurement Agency)
Article 3.　The Special Procurement Agency shall be responsible chiefly for the administration of the following affairs:
(1)　Construction and repair of buildings and equipment and procurement of goods and services required by the Occupation Forces excepting those under the jurisdiction of other administrative organs;
(2)　Custody, restitution to their original owners, and disposition of buildings, equipment and goods released from the demands of the Occupation Forces excepting those under the jurisdiction of other administrative organs;
(3)　Affairs specially designated by the Occupation Forces of the Allied Powers.
2　When the designation of affairs stated in item 3 of the preceding paragraph is made, the Prime Minister shall issue a notification to that effect.
(Powers of the Agency)
Article 4.　For the purpose of carrying out the responsibilities provided for in this Law, the Special Procurement Agency shall have the powers as listed below:
(1)　To make, within the limits of budgetary appropriations, acts to incur disbursement necessary for the carrying out of its responsibilities;
(2)　To collect revenues and make expenditures necessary for the carrying out of its responsibilities;
(3)　To establish and control offices directly required for the carrying out of its responsibilities;
(4)　To procure materials for use in enterprises, office supplies, and other research materials which are directly required for the carrying out of its responsibilities;
(5)　To dispose of unnecessary properties;
(6)　To administer personnel affairs, including appointment, dismissal, awards and discipline:
(7)　To establish and control facilities required for the welfare and health of personnel;
(8)　To establish and maintain housing to be rented to personnel;
(9)　To distribute or publish statistics and research data concerning the affairs under its jurisdiction;
(10)　To inspect the affairs under its jurisdiction and to take such measures as may be required in accordance with the provisions of laws and orders;
(11)　To disseminate information to the public concerning the affairs under its jurisdiction;
(12)　To adopt the official seals of the Special Procurement Agency.
Chapter II Internal Subdivisions
(Internal Subdivisions)
Article 5.　The Special Procurement Agency shall have the Director's Secretariat and the following five Divisions:
Fiscal Division
Purchasing and Contracting Division
Engineering and Price Analysis Division
Production and Inspecting Division
Operation Division
(Special Positions)
Article 6.　The Special Procurement Agency shall have a Deputy Director.
2　The Deputy Director shall assist the Director and regulate the affairs of the Special Procurement Agency.
3　The Special Procurement Agency shall have two Advisors.
4　The Advisors shall participate in the planning of important affairs of the Special Procurement Agency.
5　The Director's Secretariat shall be headed by Chief of Secretariat.
6　The Chief of Secretariat shall administer, under orders, the affairs of the Director's Secretariat.
7　Each Division shall have a Deputy Chief or Deputy Chiefs as follows:
Fiscal Division　one Deputy Chief
Purchasing and Contracting Division　two Deputy Chiefs
Engineering and Price Analysis Division　two Deputy Chiefs
Production and Inspecting Division　two Deputy Chiefs
Operation Division　two Deputy Chiefs
8　The Deputy Chief of Division shall assist the Chief of Division and regulate the affairs of the Division.
(Director's Secretariat)
Article 7.　The Director's Secretariat saall administer the following affairs:
(1)　Confidential matters;
(2)　Classification, appointment and dismissal of personnel, their status, disciplinary punishment, performance of duty and other personnel affairs, as well as their refinement and training;
(3)　Custody of the Director's and the Agency's official seals;
(4)　Receipt, despatch, compilation and custody of official documents;
(5)　Budget estimates for the current expenditures (hereinafter referred to as "overhead expenditure" ) and revenues of the Special Procurement Agency, settlement of accounts, accounts and account audit;
(6)　Control over administrative properties and goods, excepting those under the jurisdiction of other Divisions;
(7)　Health, medical treatment and other welfare measures for personnel;
(8)　Organization and operation of the Special Procurement Agency;
(9)　Drafting of laws and orders, making of general recommendations regarding the responsibilities of the Special Procurement Agency and the coordination of responsibilities of other Divisions;
(10)　Review of documents;
(11)　Liaison with the Allied Authorities;
(12)　Dissemination of information;
(13)　Administrative inspections;
(14)　Surveys and statistics;
(15)　In addition to the affairs listed in each of the preceding items, such responsibilities of the Special Procurement Agency as are not in the charge of other Divisions.
(Fiscal Division)
Article 8.　The Fiscal Division shall take the charge of the budget estimates for those expenditures other than overhead expenditures which are required for the carrying out of the responsibilities of the Special Procurement Agency (hereinafter referred to as "operations expenditures" ) and revenues corresponding thereto, settlement of accounts, accounts and account audit.
(Purchasing and Contracting Division)
Article 9.　The Purchasing and Contracting Division shall administer the following affairs:
(1)　Conclusion of contracts for the construction and repair of buildings and equipment to be paid from the operations expenditures;
(2)　Conclusion of contracts for the procurement of supplies (meaning all goods other than real properties and movable properties attached thereto) to be paid from the operations expenditures;
(3)　Conclusion of contracts for services to be paid from the operations expenditures;
(4)　Contracts and compensation for the procurement of real properties and movable properties attached thereto to be paid from the operations expenditures, as well as for the restitution thereof;
(5)　Conclusion of contracts for the disposition of supplies released from the demands of the Occupation Forces.
(Engineering and Price Analysis Division)
Article 10.　The Engineering and Price Analysis Division shall administer the following affairs:
(1)　Furnishing of supplies and materials required for construction work and services;
(2)　Plans and specifications for supplies;
(3)　Estimation of materials, labor, services and expenses required for the manufacture of supplies;
(4)　Examination and research regarding supplies and inspection of samples or pilot models of supplies;
(5)　Plans and specifications for construction and services;
(6)　Estimation of materials, labor, services and expenses required for construction work and services;
(7)　Appraisal of the value of real properties and movable properties attached thereto incidental upon the procurement and restitution of such properties.
(Production and Inspecting Division)
Article 11.　The Production and Inspecting Division shall administer the following affairs:
(1)　Expediting and inspecting the execution of the construction work and supply of services;
(2)　Expediting of the manufacture and delivery of supplies;
(3)　Consideration of the actual results of the execution of construction work, the performance of services and the manufacture and delivery of supplies;
(4)　Receipt and settlement of complaints such as demands for compensation regarding contracts;
(5)　Establishment of plans for and expediting of the transportation of materials and supplies;
(6)　Records of real properties.
(Operation Division)
Article 12.　The Operation Division shall administer the following affairs:
(1)　Control, warehousing, shipment and transportation of supplies;
(2)　Employment of laborers required by the Occupation Forces.
Chapter III Local Branch Offices
(Special Procurement Bureaus)
Article 13.　The Special Procurement Bureaus shall be established as local branch offices of the Special Procurement Agency.
(Responsibilities of the Special Procurement Bureaus)
Article 14.　The Special Procurement Bureaus shall take charge of a part of the responsibilities of the Special Procurement Agency.
(Names of the Special Procurement Bureaus, their locations and areas of jurisdiction)
Article 15.　The names of the Special Procurement Bureaus and their locations shall be as listed below, and their area of jurisdiction shall, as a rule, conform to those of the Occupation Forces of Allied Powers corresponding to the respective Special Procurement Bureaus:
Name
Location
Sapporo Special Procurement Bureau
Sapporo-shi
Sendai ,, ,, ,,
Sendai-shi
Yokohama ,, ,, ,,
Yokohama-shi
Nagoya ,, ,, ,,
Nagoya-shi
Kyoto ,, ,, ,,
Kyoto-shi
Osaka ,, ,, ,,
Osaka-shi
Kure ,, ,, ,,
Kure-shi
Fukuoka ,, ,, ,,
Fukuoka-shi
(Internal Subdivisions)
Article 16.　The Special Procurement Bureau shall have the following four Divisions:
Fiscal Division
Purchasing and Contracting Division
Engineering and Price Analysis Division
Production and Inspecting Division
2　Particulars as to the organization of the Special Procurement Bureau other than those prescribed in the preceding paragraph shall be determined by Prime Minister's Office Ordinances.
Supplementary Provisions:
1　This Law shall come into force as from June 1, 1949.
2　The Special Procurement Board Law (Law No.78 of 1947;hereinafter referred to as "Old Law" ) and the Enforcement Ordinance for the Special Procurement Board Law (Cabinet Ordinance No.66 of 1947) shall be abolished. However, unless otherwise prescribed by laws (including orders issued thereunder), the organs existing heretofore and officers and personnel thereof shall become the corresponding organs and personnel under this Law and shall retain their respective identities.
3　The provisions of the proviso to the preceding paragraph shall not effect the application of the provisions of the law concerning the fixed number of personnel.
4　The juridical personality of the Special Procurement Board tinder the Old Law shall terminate on the day of the enforcement of this Law.
5　The rights enjoyed and the obligations owed by the Special Procurement Board on the day of the enforcement of this Law shall be succeeded to by the State on that same day.
6　In spite of the provisions of Article 16, the Special Procurement Bureau may, for the time being, have the Warehousing Division.
7　The Prime Minister may temporarily establish Liaison Offices of the Special Procurement Agency or the Special Procurement Bureaus at necessary places for the purpose of administering a portion of the affairs of the Special Procurement Agency or the Special Procurement Bureaus. The names of such Liaison Offices, their locations and areas of jurisdiction, the scope of their responsibilities, and their internal subdivisions shall be determined by Prime Minister's Office Ordinances.
Prime Minister　YOSHIDA Shigeru