The Ministry of Transportation Establishment Law
法令番号: 法律第157号
公布年月日: 昭和24年5月31日
法令の形式: 法律
I hereby promulgate the Ministry of Transportation Establishment Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the fifth month of the twenty-fourth year of Showa (May 31, 1949)
Prime Minister YOSHIDA Shigeru
Law No.157
The Ministry of Transportation Establishment Law
Contents
Chapter I. General Provisions(Articles 1-4)
Chapter II. Ministry Proper
Section 1. Transportation Council(Articles 5-18)
Section 2. Internal Sub-divisions(Articles 19-28)
Section 3. Auxiliary Organs(Articles 29-38)
Section 4. Local Branch Offices(Articles 39-55)
Part 1. Regional Maritime Bureaus(Articles 40-44)
Part 2. Public Mariners'Employment Security Offices(Article 45)
Part 3. Regional Harbor Construction Divisions(Articles 46-50)
Part 4. Regional Land Transportation Bureaus(Articles 51-55)
Chapter III. External Organs(Articles 56-59)
Section 1. Mariners'Labor Relations Commission(Article 57)
Section 2. Maritime Safety Agency(Article 58)
Section 3. Marine Accidents Inquiry Agency(Article 59)
Chapter IV. Personnel(Articles 60, 61)
Chapter V. Kodan(Article 62)
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 Ministry of Transportation and to provide an organization fit for the efficient conduct of the administrative affairs under the jurisdiction of the Ministry.
(Establishment)
Article 2. The Ministry of Transportation shall be established under the provision of Article 3 paragraph 2 of the National Government Organization Law (Law No.120 of 1948).
The Ministry of Transportation shall be headed by the Minister of Transportation.
(Mission of the Ministry of Transportation)
Article 3. The Ministry of Transportation shall be the Administrative Organ responsible for the integrated administration of the following affairs of the National Government:
(1) Water transportation;
(2) Rail and highway transportation;
(3) Ports and harbors;
(4) Vessels, rolling stock and other machines and tools for land transportation (excluding manufacture of motor vehicles):
(5) Mariners;
(6) Tourist industry as related to transportation;
(7) Meteorological observation;
(8) Warehousing business;
(9) Maintenance of maritime safety and order;
(10) Inquiry of marine accidents.
(Powers of the Ministry)
Article 4. For the purpose of carrying out the responsiblities provided for in this Law, the Ministry shall have the powers as listed below. Such powers shall, however, be exercised in accordance with laws (including orders issued thereunder):
(1) To make within the limits of the budgetary appropriation obligations necessary for carrying out its responsibilities;
(2) To collect revenues and to make payment necessary for carrying out its responsibilities;
(3) To establish or maintain offices and other facilities directly necessary for carrying out its responsibilities;
(4) To procure materials for use in business, office supplies and other research materials etc. which are directly required for the carrying out of its responsibilities;
(5) To dispose of unnecessary proporty;
(6) To administer personnel affairs, including appointment, dismissal, awards and discipline, and to train personnel;
(7) To establish and maintain facilities required for the welfare and health of personnel;
(8) To establish and maintain housing to be rented to personnel;
(9) To distribute, publish or sell statistic and research data relating to its responsibilities;
(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 Ministry of Transportation;
(13) To give permission or license to jurisdical persons for the public interest and other organizations under its jurisdiction, and to cancel such permission or license;
(14) To call for notifications and obtain reports concerning the business within its jurisdiction and to give necessary instructions;
(15) To instruct water transportation enterprisers to navigate and to limlt or prohibit their navigation, designating route, area of navigation or vessels;
(16) To permit and to give necessary instructions relating to the building, remodelling, repairing, salvaging and scrapping of vessels;
(17) To measure loading capacity of vessels and to register vessels;
(18) To make decisions on the qualification for the membership of the mariners'labor union and give instruction for alteration of the labor agreements concerned;
(19) To make decisions of the application of mariners'labor agreements to other employers and mariners of the same category;
(20) To designate the public utilities provided for in the Labor Relations Adjustment Law (Law No.25 of 1946) with respect to the mariners labor relations and request for mediation of labor disputes involving mariners to the Central Mariners'Labor Relations Commission and Mariners'Local Labor Relation Commission (hereinafter referred to as "Mariners'Labor Commission" );
(21) To give authorization or permission to, to make examination or arbitration for, to conduct inspection or inquiry of, a mariner or a shipowner and to take necessary action;
(22) To give instructions for alteration of mariners'working regulations violative of any of the laws and orders or labor agreements;
(23) To issue mariners'pocket ledgers and to administer mariners'ledger books;
(24) To decide the minimum wages of mariners;
(25) To permit or put restriction on mariners'employment exchange and labor supplying service and recruitment of mariners;
(26) To construct, establish improve maintain or manage ports and harbors (including port and harbor facilities-except those under the control of the other administrative organs of national government-the same shall apply hereinafter in this Article excepting item (49)) and waterways or to permit or give aid to the persons who perform such activities;
(27) To give permission on matters relating to collection of port charges;
(28) To issue necessary instructions for the establishment, extension, improvement, disposal, acquisition by transfer, lease or way of utilization of facilities concerning port and harbor transportation;
(29) To grant franchise for reclamation, draining and utilization of public-owned waters within port areas;
(30) To permit the issuance of warehouse certificate and to give instructions for modification of business plan, business rules or of storage rates, according to the provisions of the Warehousing Business Law (Law No.41 of 1935);
(31) To supervise the Japanese National Railwavs;
(32) To request mediation of the Japanese National Railways Mediation Commission or to request arbitration of the Public Corporation Arbitration Commission;
(33) To request the Prime Minister to remove a member of the Public Corporation Arbitration Commission;
(34) To nominate those who are entitled to designate persons who act as judicial police officials from among the officials and employees of the Japanese National Railways and to supervise the functions carried out by such persons or judicial police officials;
(35) To grant franchise or charter to private railways and tramways, and to give permission or approval to private railways concerning their business;
(36) To authorize mortgaging of the railways and tramways and to register them;
(37) To stipulate the status and qualification of employees of private railways and tramways;
(38) To grant franchise to industrial railways, and ropeways and to charter trolley buses;
(39) To grant franchise to motor transportation enterprises and motor road enterprises, and to give permission or approval to motor transportation enterprises and motor road enterprises concerning their business;
(40) To give instructions for alteration of business plans and conditions or clauses of transportation to light vehicle transportation enterprisers and to give other necessary instructions;
(41) To adjust the use of private motor-vehicles so as to conform to the purpose of the Road Transportation Law (Law No.191 of 1947);
(42) To instruct to maintain and repair motor-vehicles and passenger light vehicles, or to inspect and register them;
(43) To grant franchise to "Kounso" business, and to give approval concerning "Kounso" business (including the business incidental thereto);
(44) To give necessary orders for rates, fares, charges and charterages relating to the water transportation enterprises;
(45) To give permission or orders for revision of the rates, fares and charges of railways, tramways, ropeways, trolley buses, motor transportation enterprises, motor road enterprises and "Kounso" business;
(46) To collect weather telegrams and to receive weather radio;
(47) To issue the weather forecast and sea condition forecast, reports of meteorological data and warnings regarding earthquakes, earth motions, tidal waves and volcanoes;
(48) To designate vessels to observe marine weather;
(49) To entrust government organs, local public entities, private individuals or companies and other organizations with simple surface and seismological observation and tidal observation concerning weather services;
(50) To carry out constructions at ports (including port facilities and the same shall apply hereinafter) and on sea surface by the request of the general public;
(51) To make conciliation, mediation concerning mariners'labor disputes;
(52) To take necessary measures to secure maritime safety in ports and harbors, sounds and in the coastal waters of Japan as well as to prevent, investigate and suppress the violation of laws and orders;
(53) To effect inquiry of marine accidents;
(54) In addition to those enumerated in the preceding items, such powers as are placed under the Ministry of Transportation by law (including orders issued thereunder).
2 The Ministry of Transportation shall temporarily take charge of the following powers in addition to those enumerated in the preceding paragraph;such powers shall, however, be exercised in accordance with laws (including orders issued thereunder):
(1) To employ vessels and supervise the Civilian Merchant Marine Committee;
(2) To make rules concerning time-charter contracts and to give permission or approval in regard to employment of vessels;
(3) To supervise the "Sempaku" (vessels) Kodan;
(4) To give approval to reorganization place of enterprises within its jurisdiction;
(5) To give orders for custody and removal of reparations facilities, etc. within its jurisdiction and for transportation of reparations facilities, etc.;
(6) To allocate materials within the jurisdiction or to adjust the distribution thereof;
(7) To restrict or to prohibit the use of materials critically short in supply, or to give orders for transportation of the materials or carrying out of construction in connection with its jurisdiction;
(8) To restrict or to prohibit the carrying out of construction within its jurisdiction;
(9) In addition to those enumerated in the preceding items, such powers as are placed under the Ministry of Transpotation by laws (including order issued thereunder).
Chapter II. Ministry Proper
Section 1. Transportation Council
(Establishment)
Article 5. Transportation Council which sits in continuous session shall be established in the Ministry_of Transportation with a view to the fair and reasonable decision on the matters stipulated in Article 6 paragraph 1 in order to secure the public interest.
(Matters to be consulted)
Article 6. In case the Minister of Transportation takes necessary measures concerning the matters mentioned below, he shall consult with the Transportation Council and act with high regard to the recommendation thereof:
(1) Establishment or revision of the basic rates, fares and charges or permission therefor in the Japanese National Railways;
(2) Approval for basic rates, fares and charges of private railways, tramways, motor transportation enterprises and "Kounso" business or order to revise them;
(3) Direction or permission of basic rates and charterage of domestic and intercoast water transportation enterprises (excluding the time charterage by Civilian Merchant Marine Committee);
(4) Direction or permission of basic rates of cargo handling charge in the port and harbor transportation business and basic rates of storage in warehousing;
(5) Granting franchise to private railways and chartering tramways;
(6) Cancellation of franchise of private railways or charter of tramways, or suspension of business thereof;
(7) Granting franchise to and cancellation of franchise of moter transportation enterprises or suspension of business thereof;
(8) Granting franchise to and cancellation of franchise of "Kounso" business or suspension of business thereof;
(9) Authorization to construction of any railway line, acquiring of any other transportation enterprises, inaugulation of a ferry or motor transportation service, and transfer of any working line by the Japanese National Railways;
(10) Permission for suspension or abolition of any working line by the Japanese National Railway, private railways and tramways;
(11) Permission or approval for amalgamation of companies, acquiring or transfer of enterprises or entrusting of management of enterprises or acceptance thereof in connection with private railways, tramways and motor transportation enterprises;
(12) Decision of the appeals concerning the disposition of the matters mentioned in the preceding items.
2 Among the matters mentioned in the items of the preceding paragraph, the Minister of Transportation may carry out without inquiring the Transportation Council those subsidiary matters which the Transportation Council considers to be of minor impotance.
(Recommendation)
Article7. The Transportation Council may, on its own initiative, or upon petition by any of interested parties make necessary recommendation to the Minister of Transportation in regard to the matters mentioned in paragraph 1 of the preceding Article.
2 Upon receiving the recommendation mentioned in the preceding paragraph, the Minister of Transportation shall carry out necessary measures with high regard thereto.
(Organization)
Article 8. The Transportation Council shall be composed of seven members.
2 One of the members shall be filled by the Vice-Minister of Transportation.
3 The Transportation Council shall have a Chairman elected from among the members by mutual vote.
4 The Chairman shall preside over the business of the Council.
5 The Transportation Council shall previously appoint a person from among the members to act for the chairman in case he is prevented from discharging his duties.
6 Provisions of Articles 9 to 12 inclusive shall not apply to the member who is the Vice-Minister of Transportation.
(Appointment of the Members)
Article 9. The Members of the Council shall be appointed by the Prime Minister with the consent of both Houses of the Diet, from among the persons, not less than 35 years old, having wide experience and distinguished view.
2 Any person who falls under the provisions of any of the following items shall not be eligible to be a member:
(1) Any member of the Cabinet, the National Diet, or any of the assemblies of local public entities;
(2) Officer of any political party.
3 Any member of the Transportation Council shall not concurrently hold the position in the National Government.
(Term of Office of the Members)
Article 10. The term of office of the members shall be three years. But a member who has filled the vacancy of another member shall remain in office during the remaining term of office of his predecessor.
2 The member may be eligible for re-appointment.
3 The term of office of the members to by appointed for the first term after the establishment, of the Transportation Council shall be, as determined by the Prime Minister at the time of appointment, one year, two years and three years for every two of the members respectively from the day of their appointment.
(Removal of the Members)
Article 11. The Prime Minister may remove any member with the consent of both Houses of the Diet, when he considers that the same member cannot perform his duties owing to mental or physical disabilities, or when he considers that the same member has acted against his duties, or committed other misconducts unfit as a member of the Council.
(Remuneration and Travelling Expense for the Members)
Article 12. The Members of the Transportation Council shall receive the pay on the same basis as that of a Vice-Minister.
2 The Members of the Transportation Council shall receive the travelling expense within the limit of budgetary appropriations.
(The Method of Passing Resolution)
Article 13. The Transportation Council shall not open proceedings and pass resolution unless a majority of members are present.
2 The matters to be discussed by the Transportation Council shall be decided by a majority of those present at a meeting and, in case of a tie, the chairman shall decide the issue.
3 Any member of the Transportation Council, who is deeply interested in a specific matter shall not if the Transportation Council has passed a resolution participate in the resolution concerned.
4 The Transportation Council may require the presence of any official of any Government Office concerned at its meeting to furnish necessary explanations.
5 The head of a government office concerned may order any official thereof to attend the meeting and express opinions or make necessary explanations.
(Ban on Holding Other Position Concurrently)
Article 14. Any member of the Tranportation Council shall neither be engaged in any other occupation with remuneration, nor conduct trade or other business for monetary profits, unless the approval of the Transportation Council and the consent of the Minister of Transportation are obtained.
(Member's Duty to keep Secrets)
Article 15. The member and ex-members of the Transportation Council shall not disclose or privately use the secrets which are acquired in connection with their duties.
(Public Hearings)
Article 16. With regard to the matters submitted for consultation as stipulated in Article 6 paragraph 1, the Transportation Council may hold public hearings in its own discretion, or shall hold public hearings either upon the instruction by the Minister of Transportation or upon the request of any of interested parties as defined by the rules of the Transportation Council.
(Investigations, etc.)
Article 17. The Transportation Council, when it is deemed necessary for executing its duties, may carry out each of the following matters:
(1) To require submission of necessary reports, information and data from public offices, enterprisers concerned, or the federations of enterprisers and other organizations concerned;
(2) To entrust public offices, enterprisers concerned, the federations of enterprisers or the learned and experienced persons with necessary investigations;
(3) To request the presence of a person concerned or a witness to solicit his opinions or request reports.
2 A person concerned or a witness whose presence is requested according to the provision of the preceding paragraph item (3) may request the travelling expense and allowance as provided for by Cabinet Order.
(Other Matters)
Article 18. The decision of the Transportation Council shall be made public as provided for by Ministry of Transportation Ordinance.
2 The practice and procedure of the Transportation Council shall be provided for by Ministry of Transportation Ordinance upon the recommendation of the Transportation Council.
3 Necessary matters for the Transportation Council other than those provided for in this section shall be provided for by Ministry of Transportation Ordinance.
Section 2. Internal Subdivisions
(Internal Subdivisions)
Article 19. The Ministry proper shall have the Minister's Secretariat and six Bureaus as enumerated below:
Maritime Transportation Bureau
Ship Bureau
Seamen Bureau
Port and Harbor Bureau
Railway Supervision Bureau
Highway Transportation Bureau
2 The Tourist Industry Division shall be established in the Minister's Secretariat.
3 The Maritime Coordination Division shall be established in the Maritime Transportation Bureau.
4 The National Railways Division and the Private Railways Division shall be established in the Railway Supervision Bureau.
5 The Transportation Division and the Supply and Equipment Division shall be established in the Highway Transportation Bureau.
(Relations between Internal Subdivisions and the Transportation Council)
Article 20. Provisions of this section concerning the affairs under the jurisdiction of each Bureau shall not at all affect the powers and functions of the Transportation Council.
2 Chiefs of the Minister's Secretariat and the Bureaus concerned shall provide necessary data concerning the affairs under their jurisdiction to the Transportation Council, as required by it.
3 Chiefs of the Minister's Secretariat and the Bureaus concerned may express opinions concerning the affairs under their jurisdiction to the Transportation Council when they deem it necessary.
4 Chiefs of the Bureaus shall take necessary measures concerning the affairs under their jurisdiction to carry into effect the decisions of the Transportation Council as directed by the Minister of Transportation.
(Special Postitions)
Article 21. The Minister's Secretariat shall have one Chief of Minister's Secretariat.
2 The Chief of Minister's Secretariat shall administer, upon orders, the affairs of the Minister's Secretariat.
3 The Ministry of Transportation shall have the Ministry of Transportation Councillors of not more than twenty, who shall participate in the affairs of the Ministry.
(Functions of Minister's Secretariat)
Article 22. The Minister's Secretariat shall take charge of the following affairs in connection with the responsibilities of the Ministry of Transportation:
(1) Confidential matters;
(2) Custody of the Minister's and Ministry's official seals;
(3) Receipt, dispatch, compilation and custody of official documents;
(4) Liaison with the Diet;
(5) Matters relating to the National Diet Library;
(6) Arranging research and statistics in order;
(7) Dissemination of information;
(8) Permission or approval concerning juridical persons for the public interest and other organizations.
(9) Meteorological observation;
(10) Classification, appointment and dismissal of personnel, their status, disciplinary punishment, performance of duty, and other personnel affairs;also their refinement and training;
(11) Health and medical treatment of personnel and other welfare matters;
(12) Administrative inspections;
(13) Reviewing of draft bills and orders and other legal affairs;
(14) Establishing and abolishing Bureaus and Divisions and dividing them into sections;
(15) Development, coordination and utilization of technics;
(16) Coordination and adjustment of ministerial affairs and establishment of implementation plans;
(17) Coordination of liaison business;
(18) General affairs of the Transportation Council;
(19) Budget estimates for expenditures and revenues, settlement of accounts, accounts and account audits;
(20) Control of State property and articles;
(21) Coordination and control of reparations transportation;
(22) Development, improvement and coordination of tourist industry as related to transportation;
(23) Investigation and improvement of tourist resorts and facilities as related to transportation;
(24) Publicity for tourism;
(25) In addition to the matters enumerated in the preceding items, such functions of the Ministry of Transportation as are not under the jurisdiction of other Bureaus and organs.
2 The Minister's Secretariat shall temporarily take charge of the matters relating to allocation and inspection of the designated production materials in addition to the affairs listed in the preceding paragraph.
3 The Tourist Industry Division shall take charge of the matters enumerated in paragraph 1 items (22) to (24) inclusive and in the preceding paragraph.
(Functions of Maritime Transportation Bureau)
Article 23. The Maritime Transportation Bureau shall take charge of the following affairs:
(1) Coordination and adjustment of the affairs under the jurisdiction of the Maritime Transportation Bureau, the Ship Bureau, the Mariners Bureau and the Port and Harbor Bureau (hereinafter referred to as maritime affairs) and establishment of implement taking plans thereof;
(2) Maritime arbitration organizations;
(3) Popularization and publicity of maritime affairs;
(4) Development, improvement and coordination of water transportation enterprises;
(5) Development, improvement and coordination of water transportation;
(6) Disposal of vessels abandoned in the coastal waters of Japan;
(7) The rates, fares and charges and charterages in water transportation enterprises.
2 The Maritime Transportation Bureau shall temporarily take charge of the following affairs in addition to those enumerated in the preceding paragraph:
(1) Reconstruction, reorganization and financing of the maritime enterprise and readjustment of property of companies overseas concerning maritime affairs;
(2) Employment of vessels and supervision over the Civilian Merchant Marine Committee;
(3) Control and inspection of ship operation;
(4) Adjustment of water transportation in accordance with the Temporary Material Demand and Supply Adjustment Law (Law No.32 of 1946);
(5) Transfer, lease (including time-charter;the same shall apply hereinafter) of mortgage and delivery of vessels;
(6) Allocation and inspection of designated production materials and petroleum products used for water transportation enterprises.
3 The Maritime Coordination Division shall take charge of the matters enumerated in items (1) to (3) inclusive of paragraph 1 and item (1) of paragraph 2.
(Functions of Ship Bureau)
Article 24. The Ship Bureau shall take charge of the following affairs:
(1) Development, improvement and coordination of industries concerning shipbuilding;
(2) Improvement, promotion and coordination of building, repair, salvage and scrapping of vessels (excluding the salvage and scrapping of vessels for clearing waterways;the same shall apply hereinafter) and of manufacturing, repair, distribution and consumption of marine engines and rigging;
(3) Technical improvement of building and repair of vessels and manufacturing and repair of marine engines and rigging;
(4) Measuring of ship's loading capacity;
(5) Registration of vessels;
(6) Experiment and research relating to building and repair of vessels, and manufacturing and repair of marine engines and rigging.
2 The Ship Bureau shall temporarily take charge of the following affairs in addition to those enumerated in the preceding paragraph;
(1) Custody, maintenance and removal of designated reparations facilities relating to the shipbuilding industry;
(2) Supervision over the "Sempaku" (Vessels) Kodan;
(3) Investigation of the actual condition, custody, restoration and returning of captured vessels and vessels registered outside of Japan (hereinafter referred to as the foreignregistered vessels);
(4) Allocation and inspection of designated production materials and petroleum products used for vessels, marine engines and rigging.
(Functions of Seamen Bureau)
Article 25. The Seamen Bureau shall take charge of the following affairs;
(1) Mariners'labor unions and the Mariners'Labor Relations Commission;
(2) Adjustment of mariners'labor relations (excluding those under the jurisdiction of the Mariners'Labor Relations Commission;the same shall apply hereinafter);
(3) Enlightenment and publicity of mariners'labor unions and labor relations;
(4) Labor condition of mariners, disaster compensation and other matters relating to protection of them;
(5) Discipline on board provided for by the Mariners Law (Law No.100 of 1947);
(6) Mariners'pocket ledgers and mariners'ledger books;
(7) Counter-measures for unemployed mariners;
(8) Employment exchange vocational guidance and vocational training for mariners and other matters relating to adjustment of demand and supply of mariners'labor;
(9) Improvement and adjustment concerning the mariners'employment exchange business, mariners'labor supplying business and mariners'recruitment;
(10) Mariners'welfare;
(11) Education and training of mariners.
2 The Seamen Bureau shall temporarily take charge of the adjustment and distribution of mariners'labor requisites, in addition to those enumerated in the preceding paragraph.
(Functions of Port and Harbor Bureau)
Article 26. The Port and Harbor Bureau shall take charge of the following affairs:
(1) Construction, improvement, maintenance and management of ports and harbors, as well as giving aid to and supervising such matters;
(2) Construction, improvement and maintenance of waterways;
(3) Carring out of works at ports and sea surface by the request of the general public;
(4) Reclamation, draining and utilization of public-owned waters within port areas;
(5) Canals within port areas;
(6) Technical experiment and research relating to ports (including those by the request of the general public);
(7) Improvement and coordination, etc. of various operations at ports;
(8) Development;improvement and coordination of harbor transportation business (including tallying and surveying business;the same shall apply hereinafter);
(9) Development, improvement and coordination of warehousing business (including refrigerative warehousing business;the same shall apply hereinafter);
(10) Storage rates under the Warehousing Business Law;
(11) Port charges, cargo handling charges and other charges for port and harbor transportation.
2 The Port and Harbor Bureau shall temporarily take charge of the matters relating to allocation and inspection of designated production materials and petroleum products used for ports and harbors and warehouses and the matters relating to labor requisites for workers'engaged in business connected with ports and harbors, in addition to those enumerated in the preceding paragraph.
(Functions of Railway Supervision Bureau)
Article 27. The Railway Supervision Bureau shall take charge of the following affairs:
(1) Permission of construction of any new line or approval of transfer of any working line and other matters relating to permission or approval for the Japanese National Railways;
(2) Budget, settlement of account, grant, loan of fund and other affairs concerning finance of the Japanese National Railways;
(3) Request of mediation to the Japanese National Railways Mediation Committee, of arbitration to the Public Corporation Arbitration Committee;
(4) Request of removal of members of the Public Corporation Arbitration Committee;
(5) Railway judicial police;
(6) Franchise, chartering permission and approval concerning private railways, tramways, industrial railways, ropeways and trolley buses;
(7) Financial affairs of private railways, tramways, ropeways and trolley buses;
(8) Status, duties, qualifications and punishment of employees of private railways and tramways;
(9) Purchase and compensation of private railways and tramways;
(10) Mortgaging of railways and tramways;
(11) Rates, fares and charges of railways, tramways, ropeways and trolley buses;
(12) Traffic and operation of railways, tramways, ropewavs and trolley buses and preparation of facilities and rolling stock thereof;
(13) Safety of railways, tramways, ropeways and trolley buses;
(14) Labor affairs of railways, tramways, ropeways and trolley buses;
(15) Improvement, promotion and coordination of production. circulation and consumption of rolling stock signal and safety appliances and other machines and tools used for railways, tramways, ropeways and trolley buses;
(16) In addition to those enumerated in the preceding items, matters relating to development, improvement and coordination of railways, tramways, ropeways and trolley buses.
2 The Railway Supervision Bureau shall temporarily take charge of the following affairs in addition to those enumerated in the preceding paragraph:
(1) Labor requisites for the employees of railways, tramways, ropeways and trolley buses;
(2) Coordination of railways, tramways, ropeways and trolley buses, in accordance with the Temporary Material Demand and Supply Adjustment Law;
(3) Allocation and inspection of designated production materials used for railways, tramways, ropeways and trolley buses;
(4) Allocation and inspection of designated production materials used for rolling stock and signal and safety appliances and for machines and tools used for railways, tramways, ropeways and trolley buses.
3 The National Railways Division shall take charge of the matters enumerated in paragraph 1 items (1) to (5) inclusive;and matters relating to the Japanese National Railways out of those enumerated in paragraph 1 items (11) to (14) inclusive, (16), and paragraph 2 items (1) and (3):and the Private Railways Division shall take charge of the matters enumerated in paragraph 1 items (6) to (10) inclusive, and matters relating to other than the Japanese National Railways out of those enumerated in paragraph 1 items (11) to (14) inclusive, (16) and paragraph 2 items (1) and (3).
(Functions of Highway Transportation Bureau)
Article 28. The Highway Transportation Bureau shall take charge of the following affairs:
(1) Franchise, permission and approval of motor transportation enterprises;
(2) Franchise, permission and approval of motor road enterprises;
(3) Franchise or approval of "Kounso" business (including business incidental thereto;the same shall apply hereinafter);
(4) Rates, fares and charges concerning the businesses mentioned in the preceding three items;
(5) Development, improvement and coordination of the light vehicle transportation enterprises;
(6) Planning, coordination and inspection concerning execution of highway transportation;
(7) Adjustment of use for private motor-vehicles;
(8) In addition to those enumerated in the preceding items, matters relating to development, improvement and coordination of highway transportation enterprises and "Kounso" business;
(9) Promotion, improvement and adjustment of circulation and consumption of motor-vehicles as well as of production, circulation and consumption of light vehicles and substitute fuel equipment for motor-vehicles;
(10) Registration of motor-vehicles;
(11) Maintenance and repair and inspection of motor-vehicles and passenger light vehicles;
(12) Safety of motor-vehicles and safety and technical improvement of light vehicles;
(13) Technical improvement concerning the use of fuel, oil and grease for motor-vehicles;
(14) Compensation of motor transportation enterprises;
(15) Finance and labor affairs relating to the enterprises under the jurisdiction of the Highway Transpsrtation Bureau.
2 The Highway Transportation Bureau shall temporarily take charge of the following affairs in addition to those enumerated in the preceding paragraph:
(1) Rates, fares and charges of light vehicle transportation enterprises;
(2) Labor requisites necessary for the workers engaged in the business under the jurisdiction of the Highway Transportation Bureau;
(3) Allocation of motor-vehicles;
(4) Allocation and inspection of tyres and tubes used for motor-vehicles (except those for new motor-vehicles);
(5) Allocation and inspection of petroleum products used for motor-vehicles;
(6) Allocation and inspection of designated production materials, etc. to be used for highway transportation enterprises and "Kounso" business as well as designated proproduction materials, etc.(excluding those concerning manufacture of motor-vehicles) for motor vehicles, light vehicles:substitute fuel equipment for motor vehicles and machines and tools to be used for highway transportation and "Kounso" business.
3 The Transportation Division shall take charge of the matters enumerated in paragraph 1 items (1) to (8) inclusive and paragraph 2 item (1);and the Supply and Equipment Division the matters enumerated in paragraph 1 items (9) to (13) inclusive and paragraph 2 items (2) to (6) inclusive.
Section 3. Auxiliary Organs
(Auxiliary Organs)
Article 29. In addition to those provided for in Article 38, the Ministry proper shall have the following auxiliary organs:
Central Meteorological Observatory
Shipbuilding Laboratory
Maritime Institute
Nautical College
Maritime Technical School
Mercantile Marine Schools
Navigation Training Establishment
Seamen Training Schools
(Central Meteorological Observatory)
Article 30. The Central Meteorological Observatory shall be an organ which conducts meteorological services and researches in matters relating to meteorological phenomena.
2 The Central Meteorological Observatory may. as far as it does not hinder the execution of proper business, carry out the investigation relating to meteorological, oceanographic and seismological phenomena and may adjust, examine, manufacture and repair the measuring apparatus therefor, by the request of the general public.
3 The Central Meteorological Observatory shall established in Tokyo-to.
4 The internal subdivisions of the Central Meteorological Observatory shall be provided for by Cabinet Order.
5 District meteorological observatories and other local or auxiliary organs shall be established at necessary places to take charge of a part of the functions of the Central Meteorological Observatory;and their names, locations, internal subdivisions and other necessary matters shall be provided for by Cabinet Order.
(Shipbuilding Laboratory)
Article 31. The Shipbuilding Laboratory shall be an organ for studies, tests and experiments concerning vessels, marine engines and rigging.
2 The Shipbuilding Laboratory may, as far as it does not hinder the execution of proper business, carry out studies and experiments on vessels, marine engines and rigging by the request of the general public.
3 The Shipbuilding Laporatory shall be established in Tokyo-to, and its branch laboratory shall be established in Osaka-shi.
4 The internal subdivisions of the Shipbuildind Laboratory and the branch laboratory shall be provided for by Ministry of Transportation Ordinance.
(Maritime Institute)
Article 32. The Maritime Institute shall be an organ which gives higher course of education and carries out studies on maritime affairs.
2 The Maritime Institute shall be established in Tokyo-to.
3 The internal subdivisions of the Maritime Institute shall be provided for by Ministry of Transportation Ordinance.
(Nautical College)
Article 33. The Nautical College shall be an organ which gives professional education to the applicants for officers.
2 The Nautical College shall be established in Shimizu-shi.
3 The Nautical College shall be a school pursuant to the former regulations as provided for by the provision of Article 98 of the School Education Law (Law No.26 of 1947).
4 The internal subdivisions of the Nautical College shall be provided for by Ministry of Transportation Ordinance.
(Maritime Technical School)
Article 34. The Maritime Technical School shall be an organ which instructs mariners in the studies and arts of navigation.
2 The Maritime Technical School shall be established at Honjo-mura, Muko-gun, Hyogo Prefecture.
3 The internal subdivisions of the Maritime Technical School shall be provided for by Ministry of Transportation Ordinance.
(Mercantile Marine Schools)
Article 35. The Mercantile Marine Schools shall be organs which conduct secondary education for the applicants for officers.
2 The names and locations of the Marcantile Marine Schools shall be as follows:
Name
Location
Toyama Mercantile Marine School Toba ,, ,, ,, Ohima ,, ,, ,, Hiroshima ,, ,, ,, Yuge ,, ,, ,,
Shinminato-machi, Imizu-gun, Toyama-kenToba-machi, Shima-gun, Mie-kenKomatsu-machi, Oshima-gun;Yamaguchi-kenHigashino-machi, Toyoda-gun, Hiroshima-kenYuge-mura, Ochi-gun, Ehime-ken
3 The Mercantile Marine School shall be a school pursuant to the former regulations as provided for in the provision of Article 98 of the School Education Law.
4 The internal subdivisions of the Mercantile School shall be provided for by Ministry of Transportation Ordinance.
(Navigation Training Establishment)
Article 36. The Navigation Training Establishment shall be an organ which carries out navigation training, admitting those who are designated by the Minister of Transportation as well as the students of the Nautical College, the Marcantile Marine Schools and the Seamen Training Schools.
2 The Navigation Training Establishment shall be established in Tokyo-to.
3 The internal subdivisious of the Navigation Training Establishment shall be provided for by Ministry of Transportation Ordinance.
(Seamen Training Schools)
Article 37. The Seamen Training Schools shall be organs which train seamen.
2 The names and locations of the Seamen Schools shall be as follows:
Name
Location
Kojima Seamen Training School
Kojima-shi
Otaru ,, ,, ,, Karatsu ,, ,, ,,
Otarushi Karatsu-shi
Miyako ,, ,, ,,
Miyako-shi
Nanao ,, ,, ,,
Nanao-shi
Miyazaki ,, ,, ,,
Awajima-mura, Mitoyo-gun, Kagawa-ken
Awajima ,, ,, ,,
Awajima-mura, Mitoyo-gun, Kagawa-ken
Moji ,, ,, ,,
Moji-shi
Takahama ,, ,, ,,
Takahama-machi, Hekikai-gun, Aichi-ken
3 The internal subdivisions of the Seamen Training School shall be provided for by Ministry of Transportation Ordinance.
(Other Auxiliary Organs)
Article 38. The organs indicated in the left column of the following table shall be those established as auxiliary organs of the Ministry proper, the purpose of their respective establishment being given in the right column:
Central Mariners' Employment Security Council
To conduct research and deliberation, in inquiries of the Minister of Transportation, upon important matters relating to the Mariner's Employment Security Law (Law No. 130 of 1948);
Special District Mariners' Employment Security Councils (In case where the scope of activities of th said Council covers the areas of jurisdiction of not less than two Regional Maritime Bureaus.)
To conduct research and deliberation, in response to inquiries of the Minister of Transportation, upon important matters relating the mariners employment security of special districts as provided for by the Mariners’ Employment Security Law;
Time-Charterages Rates Committee
To conduct research and deliberation, in response to inquiries of the Minister of Transportation, upon matters relating to the time-charterage as provided for by the Cabinet Order for the Admisistration over Ship's Operation (Cabinet Order No. 26 of 1949);
Shipbuilding Technics Council
To conduct research and deliberation in response to inquiries of the Minister of Transportation on important matters relating to development of shipbuilding technics.
2 The organization, responsibilities, members and other personnel of the auxiliary organs enumerated in the preceding paragraph shall be provided for by Cabinet Order unless otherwise provided for by laws (inciuding orders issued thereunder) separately.
Section 4. Local Branch Offices
(Local Branch Offices)
Article 39. The Ministry proper shall have the following local branch offices:
Regional Maritime Bureaus
Public Mariners'Employment Security Offices
Regional Harbor Construction Divisions
Regional Land Transportation Bureaus
Part.1. Regional Maritime Bureaus
(Functions)
Article 40. The Regional Maritime Bureaus shall be in charge of a part of the functions of the Ministry proper, as enumerated below:
(1) Development, improvement and coordination of water transportation enterprises;
(2) Development, improvement and coordination of water transportation;
(3) Disposal of vessels abandoned in the coastal waters of Japan;
(4) Rates, fares and charges, and charterages of water transportation enterprises;
(5) Development, improvement and coordination of industries connected with shipbuilding;
(6) Development, improvement, promotion and adjustment of building, repair, salvage and scraping of vessels and of manufacturing, repair, circulation and consumption of of marine engines and rigging;
(7) Technical improvement of manufacturing and repair of vessels, marine engines and rigging;
(8) Measuring of ship's loading capacity;
(9) Registration of vessels;
(10) Mariners'labor unions and the Local Mariners'Labor Relations Commission;
(11) Adjustment of mariners'labor relations;
(12) Enlightenment and publicity of mariners'labor unions and labor relations;
(13) Labor condition of mariners and disaster compensation and other protection for them;
(14) Discipline on board provided for by the Mariners'Law;
(15) Mariners'pocket ledgers;
(16) Employment exchange, vocational guidance and vocational training for mariner and other matters relating to adjustment of demand and supply of mariners'labor;
(17) Improvement and adjustment concerning the mariners'empolyment exchange business and mariners'labor supplying business and mariners'recruitment;
(18) Mariners'welfare;
(19) Management of the port facilities designated by the Minister of Transportation;
(20) Improvement and coordination of various operations at ports and harbors;
(21) Development improvement and coordination of harbor transportation business and port warehousing business;
(22) Cargo handling charges and other charges for transportation at ports;
(23) Development, improvement and coordination of maritime tourist industry relating to transportation;
(24) Investigation and improvement of maritime tourist resorts and facilities relating to transportation;
(25) Publicity of tourism;
(26) Popularization and publicity of maritime affairs;
(27) Research and statistics under its jurisdiction.
2 The Regional Maritime Bureaus shall temporarily take charge of the following affairs in addition to those enumerated in the preceding paragraph:
(1) Control of vessels and supervision over the Civilian Merchant Marine Committee;
(2) Control and inspection of ship operation;
(3) Transfer, lease, mortgaging and delivery of vessels;
(4) Custody, maintenance and removal of designated reparations facilities in industries connected with shipbuilding and relating to transportation of designated reparations facilities;
(5) Allocation and inspection of designated production materials and petroleum products under its jurisdiction;
(6) Mariners'labor requisites under its jurisdiction;
(7) Investigation of the actual condition, custody, restoration and returning of captured and foreign registered vessels.
(Name, Location and Area of Jurisdiction)
Article 41. The names of the Regional Maritim Bureau, their locations and areas of jurisdiction shall be as follows:
Name
Location
Area of Jurisdiction
Hokkai Maritime Bureau
Otaru-shi
Hokkaido
Tohoku Maritime Bureau
Shiogama-shi
Miyagi-ken, Fukushima-ken, Iwate-ken, Aomori-ken, Yamagata-ken, Akita-ken
Niigata Maritime Bureau
Niigata-shi
Niigata-ken, Nagano-ken
Kanto Maritime Bureau
Yokohama-shi
Kanagawa-ken, Tokyo-to, Saitama-ken, Gumma-ken, Chiba-ken, Ibaragi-ken, Tochigi-ken, Yamanashi-ken
Tokai Maritime Bureau
Nagoya-shi
Aichi-ken, Mie-ken, Shizuoka-ken, Gifu-ken, Ishi-kawa-ken, Toyama-ken
Kinki Maritime Bureau
Osaka-shi
Osaka-fu, Kyoto-fu, Nara-ken, Shiga-ken, Fukui-ken, Wakayama-ken
Kobe Maritime Bureau
Kobe-shi
Hyogo-ken
Chugoku Maritime Bureau
Hiroshima-shi
Hiroshima-ken, Tottori-ken, Shimane-ken, Okayama-ken, Yamaguchi-ken, (excluding Shimonoseki-shi, Ube-shi, Onoda-shi, Asa-gun, Toyoura-gun and Otsu-gun)
Shikoku Maritime Bureau
Takamatsu-shi
Kagawa-ken, Tokushima-ken, Ehime-ken, Kochi-ken
Kyushu Maritime Bureau
Moji-shi
Fukuoka-ken, Nagasaki-ken, Shimonoseki-shi, Ube-shi, Onodo-shi, Asa-gun, Toyoura-gun and Otsu-gun in Yamaguchi-ken, Oita-ken, Saga-ken, Kumamoto-ken, Miyazaki-ken, Kagoshima-ken
(Internal Subdivisions)
Article 42, The Regional Maritime Bureaus shall have the following five divisions;provided that the number of divisions may be reduced, in case of necessity, as determined by the Minister of Transportation:
General Affairs Division
Maritime Transportation Division
Port and Harbor Coordination Division
Ship Division
Seamen Division
2 In addition to those provided for in the preceding paragraph, the details of the organization of internal subdivisions of the Regional Maritime Bureau shall be provided for by Ministry of Transportation Ordinance.
(Detached Offices and Branch Offices)
Article 43. The Minister of Transportation may at necessary places, establish detached offices and branch offices of the Regional Maritime Bureaus, branch offices of these detached offices, the Harbor Administration Offices or branch offices of the Harbor Administration Offices to carry out a part of affairs of the Regional Maritime Bureau. Their names, locations, areas of jurisdiction, scope of functions, and internal organization shall be provided for by Ministry of Transportation Ordinance.
2 The Minister of Transportation may have the Harbor Administration Offices or branch offices thereof carry out a part of business affairs of the Regional Harbor Construction Divisions.
(Auxiliary Organs)
Article 44. The Local Mariners'Employment Security Council and the Special District Mariners'Employment Security Council (in case where its scope of activities covers only a part of the area of jurisdiction of a Regional Maritime Bureau) shall be established as an auxiliary organ of the Regional Maritime Bureau for the purpose of investigation and deliberation on important matters relating to mariners'employment security in response to inquiries of the Chief of the Regional Maritime Bureau, and their organizations, functions, members and other personnel affairs shall be provided for by Cabinet Order unless otherwise provided for by the Mariners'Employment Security Law (including orders issued thereunder).
Part 2. Public Mariners'Employment Security Offices
(Public Mariners'Employment Security Office)
Article 45. With regard to the Public Mariners'Employment Security Offices, the Mariners'Employment Security Law (including orders issued thereunder) and the Mariners Insurance Law (Law No.74 of 1949;including order issued thereunder) shall apply.
2 The chief of the Public Mariners'Employment Security Office shall also be supervised by the chief of the Regional Maritime Bureau in the area of jurisdiction of which the above office is located.
Part 3. Regional Harbor Construction Divisions
(Functions)
Article 46. The Regional Harbor Construction Division shall be in charge of a part of the functions of the Ministry proper, as enumerated below:
(1) Carrying out of the engineering works, related to ports and harbors, waterways, and canals within ports and harbors, which are under the direct control of the State (including direct execution by the state);
(2) Carrying out of works at ports and harbors and on sea waters by the request of the general public.
2 The Regional Harbor Construction Division shall temporarily take charge of the matters relating to allocation and inspection of designated production materials concerning construction, establishment, improvement and maintenance of harbors and waterways, in addition to those enumerated in the preceding paragraph.
(Name, Location and Area of Jurisdiction)
Article 47. Names of the Regional Harbor Construction Divisions, their locations and areas of jurisdiction shall be as follows:
Name
Location
Area of Jurisdiction
The First Harbor Construction Division
Niigata-shi
Niigata-ken, Yamagata-ken, Akita-ken, Fukui-ken, Ishikawa-ken, Toyama-ken
The Second Harbor Construction Division
Yokohama-shi
Kanagawa-ken, Tokyo-to, Chiba-ken, Ibaragi-ken, Mie-ken, Aichi-ken, Shizuoka-ken, Miyagi-ken, Fukushima-ken, Iwate-ken, Aomori-ken, Hokkaido
The Third Harbor Construction Division
Kobe-shi
Hyogo-ken, Kyoto-fu, Osaka-fu, Shiga-ken, Tottori-ken, Shimane-ken, Okayama-ken, Hiroshima-ken, Wakayama-ken, Tokushima-ken, Kagawa-ken, Ehime-ken, Kochi-ken
The Fourth Harbor Construction Division
Shimonoseki-shi
Yamaguchi-ken, Nagasaki-ken, Fukuoka-ken, Oita-ken, Saga-ken, Kumamoto-ken, Miyazaki-ken, Kagoshima-ken
2 The Second Harbor Construction Division shall, with regard to Hokkaido out of its areas of jurisdiction, take charge of the affairs enumerated in paragraph 2 of the preceding Article only.
(Special Position)
Article 48. The Regional Harbor Construction Divisions shall have two deputy chiefs respectively.
2 The deputy chief shall, assisting the Chief of the Regional Harbor Construction Division, manage the affairs of the Division and act for the Chief in cases of his absence.
(Internal Subdivisions)
Article 49. The internal organization of the Regional Harbor Construction Division shall be provided for by Ministry of Transportation Ordinance.
(Harbor Work Offices, etc.)
Article 50. The Minister of Transportation may, at necessary places, establish Harbor Work Offices of the Regional Harbor Construction Division and other local organs, for the execution of a part of business affairs of the Regional Harbor Construction Division. Their names, locations, areas of jurisdiction, scope of functions and internal organization shall be provided for by Ministry of Transportation Ordinance.
Part 4. Regional Land Transportation Bureaus
(Function)
Article 51. The Regional Land Transportation Bureaus shall take charge of a part of affairs under the jurisdiction of the Ministry proper as follows:
(1) Franchise, chartering permission or approval concerning private railways, tramways, industrial railways, ropeways and trolley buses;
(2) Traffic and operation of private railways, tramways, industrial railways, ropeways and trolley buses, as well as preparation of facilities and rolling stock, thereof;
(3) Safety and security of private railways, tramways, industrial railways, ropeways and trolley buses;
(4) Status, duties, qualification and disciplinary punishment of employees of private railways and tramways;
(5) Franchise, permission or approval for motor transportation enterprises;
(6) Franchise, permission or approval for motor road enterprises;
(7) Franchise or approval for "Kounso" business;
(8) Development, improvement and coordination of light vehicle transportation enterprises;
(9) Planning, coordination and investigation concerning highway transportation;
(10) Adjustment of use for private motor vehicles;
(11) Registration of motor vehicles;
(12) Maintenance, repair and inspection of motor vehicles and passenger light vehicles;
(13) Safety of motor vehicles and safety and technical improvement of light vehicles;
(14) Technical improvement concerning use of fuel, oil and grease for motor vehicles;
(15) Development, improvement and adjustment of production (excluding the manufacturing of motor vehicles), circulation and consumption of rolling stock, signal and safety appliances, machines and tools for the use of railways, tramways, motor transportation enterprises and other land transportation;
(16) Development, improvement and adjustment of warehousing business (excluding port warehousing business);
(17) Rates, fares and charges related to the affairs under its jurisdiction;
(18) Financial affairs concerning its functions;
(19) Labor affairs concerning the enterprises under its jurisdiction;
(20) Purchase and compensation concerning the affairs under its jurisdiction;
(21) In addition to those enumerated in each of the preceding items, matters relating to development, improvement and adjustment of railways, tramways, road transportation enterprises, "Kounso" business and other land transportation enterprises;
(22) Development, improvement and adjustment of tourist industry relating to transportation (except those under the jurisdiction of the Regional Maritime Bureau);
(23) Investigation and improvement of the tourist resorts and facilities relating to transportation (except those under the jurisdiction of the Regional Maritime Bureau);
(24) Publicity for tourism.
2 In addition to those enumerated in the preceding paragraph, the Regional Land Transportation Bureaus shall temporarily take charge of the following affairs:
(1) Allocation and inspection of designated production materials related to the affairs under its jurisdiction;
(2) Allocation of motor vehicles;
(3) Allocation and inspection of tyres and tubes for motor vehicles (except those for new motor vehicles);
(4) Allocation and inspection of petroleum products for motor vehicles;
(5) Labor requisites necessary for the workers engaged in the business under the jurisdiction of Regional Land Transportation Bureau.
(Name, Location and Area of Jurisdiction)
Article 52. The names, locations and areas of jurisdiction of the Regional Land Transportation Bureaus shall be as follows:
Name
Location
Area of Jurisdiction
Sapporo Land Transportation Bureau
Sapporo-shi
Hokkaido
Sendai Land Transportation Bureau
Sendai-shi
Miyagi-ken, Fukushima-ken, Iwate-ken and Aomori-ken
Niigata Land Transportation Bureau
Niigata-shi
Niigata-ken, Nagano-ken, Yamagata-ken and Akita-ken
Tokyo Land Transportation Bureau
Tokyo-to
Tokyo-to, Kanagawa-ken, Saitama-ken, Gumma-ken, Chiba-ken, Ibaragi-ken, Tochigi-ken and Yamanashi-ken
Nagoya Land Transportation Bureau
Nagoya-shi
Aichi-ken, Shizuoka-ken, Mie-ken, Gifu-ken, Fukui-ken, Ishikawa-ken and Toyama-ken
Osaka Land Transportation Bureau
Osaka-shi
Osaka-fu, Kyoto-fu, Hyogo-ken, Nara-ken, Shiga-ken and Wakayama-ken
Hiroshima Land Transportation Bureau
Hiroshima-shi
Hiroshima-ken, Tottori-ken, Shimane-ken, Okayama-ken and Yamaguchi-ken
Takamatsu Land Transportation Bureau
Takamatsu-shi
Kagawa-ken, Tokushima-ken, Ehime-ken and Kochi-ken
Fukuoka Land Transportation Bureau
Fukuoka-shi
Fukuoka-ken, Nagasaki-ken, Oita-ken, Saga-ken, Kumamoto-ken, Miyazaki-ken and Kagoshima-ken
2 As regards the railways, tramways and "Kounso" business, in case of necessity, the area of jurisdiction different from those provided for by the preceding paragraph may be provided for by Ministry of Transportation Ordinance.
(Internal Subdivisions)
Article 53. The Regional Land Transportation Bureau shall have the following four divisions provided that the number of division may be decreased according to necessity as designated by the Minister of Transportation:
General Affairs Division
Railway Division
Highway Transportation Division
Motor Equipment Division
2 In addition to those provided for by the preceding paragraph, the details of the organization of internal subdivisions of the Regional Land Transportation Bureaus shall be provided for by Ministry of Transportation Ordinance.
(Detached Offices)
Article 54. The Minister of Transportation may, for the time being, establish detached offices of the Regional Land Transportation Bureau, at necessary places, for the execution of a part of functions of the Bureau. Their names, locations, areas of jurisdiction, functions and internal organization shall be provided for by Ministry of Transportation Ordinance.
2 The scope of functions of the detached offices provided for by the preceding paragraph shall be limited to those matters under the jurisdiction of the present Road Transportation Supervision Offices, which are specially deemed necessary to be carried out by the detached offices.
(Road Transportation Council)
Article 55. The Road Transportation Council shall be established as an auxiliary organ of the Regional Land Transportation Bureau, and its objective, organization, functions and members and other personnel thereof shall be provided for by Cabinet Order, unless otherwise provided for by the Road Transportation Law (including orders issued thereunder).
2 The Transportation Council may, when it is necessary for carrying out its duties, request necessary reports, information and data from the Road Transportation Council or order necessary investigation or solicit its opinions.
Chapter III. External Organs
(Establishment of External Organs)
Article 56. External Organs to be established in the Ministry of Transportation under the provision of Article 3 paragraph 3 of the National Government Organization Law shall be as follows:
Mariners'Labor Relations Commission
Maritime Safety Agency
Marine Accidents Inquiry Agency
Section 1. Mariners'Labor Relations Commission
(Mariners'Labor Relations Commission)
Article 57. The organization, functions and powers of the Mariners'Labor Relations Commission shall be as provided for by the Trade Union Law (Law No.51 of 1949;including orders issued thereunder), the Labor Relations Adjustment Law (Law No.25 of 1946;including orders issued thereunder) and the Mariners Law (including orders issued thereunder).
Section 2. Maritime Safety Agency
(Maritime Safety Agency)
Article 58. The organization, functions and powers of the Maritime Safety Agency shall be as provided for by the Maritime Safety Board Law (Law No.28 of 1948;including orders issued thereunder).
Section 3. Marine Accidents Inquiry Agency
(Marine Accidents Inquiry Agency)
Article 59. The organization, functions and powers of the Marine Accidents Inquiry Agency shall be as provided for under the Marine Accidents Inquiry Law (Law No.135 of 1947)(including orders issued thereunder).
Chapter IV. Personnel
(Personnel)
Article 60. With respect to appointment and dismissal, promotion, disciplinary punishment and other personnel administration of personnel to be placed in the Ministry of Transportation, the provisions of the National Public Service Law (Law No.120 of 1947) shall apply.
(Fixed Number)
Article 61. The fixed number of personnel to be placed in the Ministry of Transportation shall be provided for by separate law.
Chapter V. Kodan
( "Sempaku (Vessels)" Kodan)
Article 62. Kodan coming under the jurisdiction of the Ministry of Transportation shall be the "Sempaku (Vessels)" Kodan.
2 With respect to the "Sempaku (Vessels)" Kodan, the provisions of the "Sempaku" Kodan Law (Law No.52 of 1947) shall apply.
Supplementary Provisions:
(Date of Enforcement)
1. This Law shall come into force as from June 1, 1949. However, Article 54 and paragraphs 17 to 19 inclusive of the Supplementary Provisions shall come into force as from August 1, 1949;the provisions relating to motor transportation enterprises among the provisions of Article 6 paragraph 1 item (7), (9), (11) and (12) and provisions of Article 55 and paragraph 20 of the Supplementary Provisions shall come into force as from January 1, 1950.
(Advance Measure for the Appointment of the Members of the Transportation Council)
2. Any action necessary for the appointment of the members of the Transportation Council as provided for by the provision of Article 9 paragraph 1 may be taken before June 1, 1949, regardless of the provision of the preceding paragraph.
(First Members of the Transportation Council)
3. The Prime Minister may, in case the Diet is out of session at the time of enforcement of this Law, appoint first members of the Transportation Council without the consent of the both Houses of the Diet regardless of the provision of Article 9 paragraph 1.
4. The Prime Minister shall, in case he has appointed the members of the Transportation Council in accordance with the provision of the preceding paragraph, obtain the approval of both Houses of the Diet concerning the appointment of the members of the Council concerned in the first session of the Diet to be convoked after the appointment. The Prime Minister shall, in case the said approval has not been obtained, remove, without delay, the members of the Council in question regardless of the provision of Article 11.
(Temporary Measure concerning the Road Transportation Supervision Office)
5. Road Transportation Supervision Offices shall be established as local branch offices of the Ministry proper according to the provisions of the Road Transportation Law.
6. The chief of the Road Transportation Supervision Office provided for by the preceding paragraph shall also be directed by the chief of the Regional Land Transportation Bureau.
(Temporary Measure concerning the Road Transportation Council)
7. The Central Road Transportation Council provided for by Article 8 of the Road Transportation Law shall be an auxiliary organ of the Ministry of Transportation and the Local Road Transportation Council by the same Article of the same Law shall be an auxiliary organ of the Regional Land Transportation Bureau, until December 31, 1949.
(Relation to the Price Control Ordinance)
8. The provisions of this Law shall not affect the provisions of the Price Control Ordinance (Imperial Ordinance No.118 of 1947;including orders issued thereunder;the same shall apply hereinafter).
9. The Prime Minister or Director of Price Agency shall ask for the opinion of the Minister of Transportation, when they take measures based upon the Price Control Ordinance, relating to transportation charges, storage charges and other physical presentation receivable as counter value for transportation services rendered.
(Abolition of Other Ordinances)
10. The following Imperial Ordinance shall be abolished. However, unless otherwise provided for by laws (including orders issued thereunder), the organs which have existed heretofore and personnel thereof shall become the corresponding organs and personnel under this Law and shall retain there respective identities:
Regulation governing the Organization of the Ministry of Transportation (Imperial Ordinance No.829 of 1943).
Ordinance governing the Temporary Establishment of the Ministry of Transportation Councillor in the Ministry of Transportation (Imperial Ordinance No.79 of 1946).
Ordinance governing the institution of Temporary Employees in the Ministry of Transportation (Imperial Ordinance No.830 of 1943).
Ordinance governing the Temporary Establishment of the third class secretary and the third class technical official in the Ministry of Transportation (Imperial Ordinance No.219 of 1946).
Regulation governing the Organization of the Meteorological Observatories (Imperial Ordinance No.740 of 1939).
Regulation governing the Organization of the Railway Technical Research Institute Imperial Ordinance No.158 of 1942).
Regulation governing the Organization of the Shipbuilding Laboratory (Imperial Ordinance No.1145 of 1941).
Regulation governing the Organization of the Maritime Institute (Imperial Ordinance No.171 of 1945).
Regulation governing the Organization of the Nautical College (Imperial Ordinance No.1146 of 1941).
Regulation governing the Organization of the Maritime Technical School (Imperial Ordinance No.167 of 1945).
Regulation governing the Organization of the Mercantile Marine School (Imperial Ordinance No.1147 of 1941).
Regulation governing the Organization of the Navigation Training Establishment (Imperial Ordinance No.263 of 1943).
Regulation governing the Organization of the Seamen Training School (Imperial Ordinance No.458 of 1939).
Regulation governing the Organization of the Regional Maritime Bureau (Imperial Ordinance No.832 of 1943).
Regulation governing the Organization of the Maritime Affairs Council (Imperial Ordinance No.529 of 1911).
Regulation governing the Organization of the Port Council (Imperial Ordinance No.16 of 1947).
11. The provision of the proviso to the preceding paragraph shall not affect the application of the provisions of the law concerning the fixed number of personnel.
(Amendment of Other Laws and Ordinance)
12. A part of the Tramways Law (Law No.76 of 1921) shall be amended as follows:
In Article 25 "the Director of the Railway Division" shall be amended as"the Chief of the Regional Land Transportation Bureau.
13. A Part of the "Kounso" Business Law (Law No.45 of 1937) shall be amended as follows:
In Article 17 "the Director of the Railway Division" shall be amended as "the Director of the Regional Land Transportation Bureau."
14. A part of the Land Transportation Enter prise Adjustment Law (Law No.71 of 1938) shall be amended as follows:
In Articles 3 to 5 inclusive and 12 "the Transportation Enterprise Adjustment Committee" shall be amended as "the Transportation Enterprise Adjustment Council."
15. A part of the Disaster Relief Law (Law No.118 of 1947) shall be amended as follows:
In Article 24 "the Director of the Railway Division" shall be amended as "the Director of the Regional Land Transportation Bureau."
16. A part of the Road Transportation Law shall be amended as follows:
In Article 4 paragraph 2 "Tokyo Metropolis, Fu or Prefecture" shall be amended as "Fu or Prefecture" : "each seat of Local Government Office of Tokyo Metropolis. Fu and Prefecture, and also at the cities of Sapporo......" as "each seat of Local Government Office of other Fu and Prefecture than where the Regional Land Transportation Bureau is seated." In the same Article paragraph 4 "the preceding two paragraphs" shall be amended as "the preceding paragraph" :in the same Article paragraph 5 item (1) "Chief of the Road Transportation Supervision Office" as "Chief of the Land Transportation Bureau and Chief of the Road Transportation Supervision Office" :in the same paragraph item (1) "Chief of the Road Transnortation Supervision Office" as "Chief of the Land Transportation Bureau. Chief of the Road Transportation Supervision Office" ;in the same Article paragraph 6 item (1) "Chief of the Road Transportation Supervision Office" as "Chief of the Land Transportation Bureau and Chief of the Road Transportation Supervision Office" ;the same Article paragraph 3 shall be deleted.
In Article 8 "the Road Transportation Commission." "the Central Road Transportation Commission" and "the Local Road Transportation Commission" shall be amended respectively as "the Road Transportation Council," "the Central Road Transportation Council" and "the Local Road Tranportation Council." In the same Article paragraph 2, "the fixed area as is provided for by Article 4 item (3)" shall be amended as "the Land Transportation Bureau."
17. The Road Transportation Law shall be partially amended as follows:
"And Chief of the Road Transportation Supervision Office" in Article 4 paragraph 4 item (1) and paragraph 5 item (1) and "Chief of the Road Transportation Supervision Office" in paragraph 4 item (2) shall be deleted:paragraphs 2 and 3 of the same Article shall be deleted.
18. The Minister of Transportation may. according to unavoidable necessity, establish detached offices of the Regional Land Transportation Bureaus without approval of the Diet regardless of the provision of Article 156 paragraph 4 of the Local Autonomy Law (Law No.67 of 1947)
19. The Minister of Transportation shall, in case he has established the detached offices of the Regional Land Transportation Bureaus according to the provision of the preceding paragraph, obtain the approval for the establishment of the detached offices of the Regional Land Transportation Bureaus concerned in the first session of the Diet to be convoked after the establishment. The Minister of Transportation shall, in case the said approval has not been obtained, abolish, without delay, the detached office of the Regional Land Transportation Bureau in question.
20. The Road Transportation Law shall be partially amended as follows:
Article 8 paragraphs 2 to 5 inclusive shall be amended as follows:
The Road Transportation Council shall be established in each Regional Land Transportation Bureau.
The Road Transportation Council shall be composed of several members.
The Road Transportation Council shall have a Chairman elected from among the members by mutual votes.
The members of the Road Transportation Council shall be appointed by the Prime Minister with such proposals of the Minister of Transportation as are based upon the recommendation of the Governor of respective To, Do, Fu and prefecture.
"Administrative Organ" in paragraph 13 of the same Article shall be amended as "Chief of the Regional Land Transportation Bureau" ;items (1) and (2) shall be deleted and item (3), item (4) and item (5) shall be item (1), item (2) and item (3) respectively.
21. The Mariners'Employment Security Law shall be partially amended as follows:
In Article 7, the title shall be amended as "(Planning and Supervision)" and in the same Article "the Director-General of the General Maritime Bureau, the Ministry of Transportation (hereinafter referred to as the Director-General of the General Maritime Bureau), being directed and supervised by the Ministry pf Transportation, shall" shall be amended as "the Minister of Transportation shall."
In Articles 13, 14 and 61 "the Director-General Maritime Bureau" shall be amended as "the Minister of Transportation."
22. The Cabinet Order for the Administration over Ship's Operation shall be partially amended as follows:
In Article 20 paragraph 1 item (4) "the Director-General of the General Maritime Bureau, the Ministry of Transportation" shall be amended as "the Chief of the Maritime Transportation Bureau, the Ministry of Transportation."
Minister of Transportation OYA Shinzo
Prime Minister YOSHIDA Shigeru