Law for Partial Amendments to Local Finance Law and other Laws
法令番号: 法律第168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 Law for Partial Amendments to Local Finance Law and other Laws.
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.168
Law for Partial Amendments to Local Finance Law and other Laws
Contents
Article 1 Law for Partial Amendments to Local Finance Law
Article 2 Law for Partial Amendments to Riparian Law
Article 3 Law for Partial Amendments to Sand Prevention Works Law
Article 4 Law for Partial Amendments to Leprosy Prevention Law
Article 5 Law for Amendments to Matters Pertaining to National Subsidies for Expenses of Public Works due to Calamity of Urban or Rural Prefectures
Article 6 Law for Partial Amendments to Tuberculosis Prevention Law
Article 7 Law for Partial Amendments to Trachoma Prevention Law
Article 8 Law for Partial Amendments to City Planning Law
Article 9 Law for Partial Amendments to Road Law
Article 10 Law for Partial Amendments to Parasitic Disease Prevention Law
Article 11 Law for Partial Amendments to Daily Life Protection Law
Article 12 Law for Partial Amendments to Special City Planning Law
Article 13 Law for Partial Amendments to Health Center Law
Article 14 Law for Partial Amendments to Disaster Relief Law
Article 15 Law for Partial Amendments to Food Sanitation Law
Article 16 Law for Partial Amendments to National Public Service Mutual Aid Association Law
Article 17 Law for Partial Amendments to Pharmaceutical Affairs Law
Article 18 Law for Partial Amendments to Welfare Commissioner Law
Article 19 Law for Partial Amendments to Law for Establishment of Certificates with Prizes
Supplementary Provision
Article 1. The Local Finance Law (Law No.109 of 1948) shall be partially amended as follows:
In Article 15 paragraph 1, next to "employees" , "excluding personnel engaged in compulsory education" shall be added.
Next to Article 17, the following Article shall be added:
(Local public body allotment)
Article 17-(2). The estimated amount of allotment of local public bodies of such public works as works of rivers, roads, torrential works, ports and harbors, etc. executed by the state and which benefit the local public bodies shall be advised prior to the commencement of the works. In case there is a marked change in the estimated amount of allotment due to changes in the plan of works and other cause, the similar advice shall be given.
2 In case the local public body, upon receipt of the foregoing advice, is dissatisfied with the estimated amount of allotment, it may submit its opinion to the Cabinet.
The following one Article shall be added next to Article 20:
(Submission of the statement of opinion concerning the calculation or the time of the disbursement)
Article 20-(2). Any local public bodies that are dissatisfied with the calculation or the time of the disbursement concerning the disbursement of the national government or the disbursement which belong to the burden of the national government as provided for in the preceding Article may submit a statement of opinion to the National Diet through the Cabinet.
2 The provision of Article 13 paragraph 3 shall apply mutatis mutandis to the case of the preceding paragraph.
In Article 22 "submission of papers to the Minister of Finance in accordance with the provisions Article 17 paragraph 2 of the Finance Law (Law No.34 of 1947)" shall be amended as "submission to the Minister of Finance of papers prescribed in the provision of Article 17 paragraph 2 of the Finance Law (Law No.34 of 1947) and protocols prescribed in the provision of Article 35 paragraph 2 of the said Law" .
In Article 32 "and Kyoto City, Osaka City, Yokohama City, Kobe City and Nagoya City" shall be added next to "prefectures" .
Article 2. The Riparian Law (Law No.71 of 1896) shall be partially amended as follows:
In Article 24 paragraph 3, "paragraph 1" shall be amended as "preceding paragraph" , Article 24 paragraph 2 of the same Article shall be deleted.
Article 26 paragraph 1 shall be amended as follows:
As to the expenses required for riparian improvement works, the national treasury shall bear one half of such expenses in accordance with the provisions of Cabinet Order.
In Article 26 paragraph 3, "paragraph 1" shall be amended as "preceding paragraph" , in paragraph 4 of the same Article "subsidies already defrayed" shall be amended as "amount already delivered" and Article 26 paragraph 2 of the same Article shall be deleted.
Article 27 shall be amended as follows:
Article 27. In case the competent minister administers the control or the maintenance and repair works of the river in accordance with the proviso to Article 6 or in case the competent minister executes works in accordance with the provision of Article 8, such expenses shall be borne by the national treasury, provided that urban or rural prefectures shall bear one half of such expenses in case the competent minister administers the control or the maintenance and repair works of the river in accordance with the proviso to Article 6, and one-third of such expenses in case the competent minister executes works in accordance with the provision of Article 8.
Article 28 shall be amended as follows:
Article 28. In case urban or rural prefectures bears a part of expenses of works in accordance with the proviso to the preceding Article, they shall deliver the estimated amount to the national treasury as provided for by the competent minister.
In the case of the preceding paragraph, even though expenses of works prove less than budget upon settlement of account, the amount already delivered may not be returned.
Article 3. The Sand Prevention Works Law (Law No.29 of 1897) shall be partially amended as follows:
Article 13 shall be amended as follows:
Article 13. As to the expenses required for sand prevention works, the national treasury shall bear two-thirds of such expenses in accordance with the provisions of the Cabinet Order.
Even though expenses of works prove less than budget upon settlement of account, the amount already delivered may not be made to be returned.
The application of this Article may be excepted to the expenses required for sand prevention works due to calamity.
In Article 14 paragraph 2 "may make the local public body bear an amount within one-third of such expenses" shall be amended as "shall make the local public body bear one-third of such expenses" .
Article 4. The Leprosy Prevention Law (Law No.11 of 1907) shall be partially amended as follows:
In Article 7 paragraph 1, "shall be borne by" shall be amended as "shall be paid by" .
Article 7-(2) shall be amended as follows:
Article 7-(2) Deleted.
In Article 8, "disburse" shall be amended as "pay" and "shall subsidize from one-sixth to one-half" shall be amended as "shall bear one-half thereof" .
Article 5. The Law pertaining to National Subsidies for Expenses of Public Works due to Calamity of Urban or Rural Prefectures (Law No.15 of 1911) shall be partially amended as follows:
The title of the Law shall be amended as "The Law concerning the Bear of the National Treasury for Expenses of Public Works due to Calamity of To, Do, Fu or Prefecture" .
"The government" shall be amended as "the national treasury" , "Imperial Ordinance" as "Cabinet Order" , "urban or rural prefectures" as "To, Do, Fu or Prefecture" , and "may subsidize in part" as "shall bear two-thirds thereof" .
Article 6. The Tuberculosis Prevention Law (Law No.26 of 1919) shall be partially amended as follows:
In Article 8, "shall subsidize from one-sixth to one-half of" shall be amended as "shall bear one-half of expenses for the establishment and maintenance thereof as well as for the initial equipment accompanying them and one quarter of other expenses" .
In Article 12, "subsidize" shall be amended as "bear" .
Article 7. The Trachoma Prevention Law (Law No.27 of 1919) shall be partially amended as follows:
In Article 6, "shall subsidize" shall be amended as "shall disburse two-thirds" .
In Article 7, "subsidize" shall be amended as "bear" .
Article 8. The City Planning Law (Law No.36 of 1919) shall be partially amended as follows:
"Imperial Ordinance" shall be amended as "Cabinet Order" and "local governors" as "governor of To, Do, Fu or prefecture" .
Article 5 paragraph 1 shall be amended as follows:
City planning and city planning works shall be executed by administrative agency in accordance with the provisions of the Cabinet Order.
Article 6 paragraph 1 shall be amended as follows:
Expenses required for city planning and city planning works shall be borne in case administrative office execute them, by the national treasury, and in case administrative agency which has jurisdiction over local public bodies execute them, by the local public bodies. In case any party which is not an administrative agency executes city planning works in accordance with the provision of paragraph 2 of the preceding Article, expenses required for such works shall be borne by the party.
Next to Article 6, the following one Article shall be added:
Article 6-(2). Irrespective of the provisions of the preceding Article, one-half of the expenses required for such important city planning or city planning works as executed by administrative agency which has jurisdiction over local public bodies shall be borne by the national treasury in accordance with the provisions of the Cabinet Order.
Article 9. The Road Law (Law No.58 of 1919) shall be partially amended as follows:
In Article 33 paragraph 3, "ordinance" shall be amended as "cabinet order" and "may be made borne in part" as "is required to bear one-third thereof" .
Article 35 shall be amended as follows:
Article 35. One-half of the expenses required for construction or reconstruction of the national road out of expenses prescribed in Article 33 paragraph 2 shall be borne one-half by the national treasury in accordance with the provisions of the Cabinet Order.
In case there are any special reasons, the expenses required for construction or reconstruction of roads graded as Fu or prefectural roads and below may be subsidized in part by the national treasury.
Article 10. The Parasitic Disease Prevention Law (Law No.59 of 1931) shall be partially amended as follows:
In Article 5 "shall subsidize" shall be amended as "shall disburse two-thirds" .
In Article 7, "subsidize" shall be amended as "bear" .
Article 11. The Daily Life Protection Law (Law No.17 of 1946) shall be partially amended as follows:
In Article 18 and Article 19, "borne" shall be amended as "paid" .
In Article 21 paragraph 1 "not to be borne" shall be amended as "not to be paid" , and in the same paragraph and in paragraph 2 of the same Article, "borne" shall be amended to "paid" .
In Article 22, "expenses" shall be amended as "paying" .
In Article 23, "borne" shall be amended as "paid" .
In Article 24 and Article 25, "borne" shall be amended as "paid" .
In Article 26, "grant-in-aid amounting to" shall be amended, as "disbursement" .
In Article 27, "subsidy" shall be amended as "borne" and "borne" as "paid" .
In Article 28 and Article 29, "borne" shall be amended as "paid" , and "subsidized" as "borne" .
In Article 30, "subsidy" shall be amended as "disbursed" and "subsidized" as "borne" .
In Article 31, "subsidized" shall be amended as "borne" and "borne" shall be amended as "paid" .
In Articles from 32 to 34 inclusive, "incurred" shall be amended as "paid" .
Article 12. The Special City Planning Law (Law No.10 of 1946) shall be partially amended as follows:
Article 4 shall be amended as follows:
Article 4. With regard to the expenses required for planning of special cities and works under special cities plan executed by the administrative agency the provisions of Article 6 and Article 6-(2) of the City Planning Law shall apply.
Article 13. The Health Center Law (Law No.101 of 1947) shall be partially amended as follows:
In Article 10, "subsidize not more than a half of its disbursement amount" shall be amended as "bear one-half of the amount defrayed pertaining to the expenses for the establishment of health center and the entailed expenses initial equipments and one-third of the amount defrayed pertaining to other expenses" .
Article 14. The Disaster Relief Law (Law No.118 of 1947) shall be partially amended as follows:
In Articles from 33 to 35 inclusive, "borne" shall be amended as "paid" .
In Article 36, "borne" shall be amended as "paid" , "business tax" as "enterprise tax" , and "subsidize" as "bear" .
In Article 37, "borne" shall be amended as "paid" .
In Article 40, "the amount of subsidy" shall be amended as "the amount of allotment" and "meet" as "pay" .
In Article 44, "bear" shall be amended as pay.
Article 15. The Food Sanitation Law (Law No.233 of 1947) shall be partially amended as follows:
In Article 26, "grant" shall be amended as "bear" .
Article 16. The National Public Service Mutual Aid Association Law (Law No.69 of 1948) shall be partially amended as follows:
The following one Article shall be added next to Article 86:
Article 86-(2). The National Treasury may grant, within the limit of the budget, to local government, which bears the expenses required for the administration of the Association, an annual subsidy not exceeding the amount of such expenses as may be borne by the local public bodies concerned in regard to those members of the new Association who are the personnel of the public schools under paragraph 1 of the preceding Article and who engage in compulsory education.
2 The National Treasury may grant, within the limit of the budget, to local public bodies an annual subsidy not exceeding one-half the amount of expenses required for payment that is borne by such public bodies concerned for the payment in regard to those members specified in the preceding paragraph.
Article 17. The Pharmaceutical Affairs Law (Law No.197 of 1948) shall be amended as follows:
In Article 20 paragraph 1 "upon payment of a fee according to the regulations as provided for by ministerial ordinance" and in the same Article paragraph 2 "upon payment of a fee fixed according to the regulations as provided for by the Minister of Welfare" shall be deleted.
In Article 29 paragraph 1 "upon payment of a fee accordance" and in the same Article paragraph 2 "upon payment of a fee fixed according to the regulation as provided for by the Minister of Welfare" shall be deleted.
Article 18. The Welfare Commissioner Law (Law No.198 of 1948) shall be partially amended as follows:
In Article 26 "borne by" shall be amended as "paid by" .
In Article 27 "borne by" shall be amended as "paid by" .
In Article 28 and Article 29 "grant" shall be amended as "bear" and "borne" as "paid" .
Article 19. The Law for Establishment of Certificates with Prizes (Law No.144 of 1948) shall be partially amended as follows:
The heading of Article 4 shall be amended as "(Sale of the Certificates with Prizes by To, Do, Fu and prefectural governments and other local governments)" , and in paragraph 1 "and respective assemblies of Kyoto City, Osaka City, Yokohama City, Kobe City and Nagoya City (hereinafter referred to as five major cities)" shall be added next to "prefectural assembly" , and in the same paragraph and paragraph 3 of the same Article, "and five major cities" shall be added next to "Tokyo-to, Hokkaido and prefectural governments" .
In Article 6, from paragraphs 1 to 3 inclusive "or the mayors of five major cities" shall be added next to "the governor of Tokyo-to, Hokkaido and prefectural governments" .
In Article 8 paragraph 1 "or the mayors of five major cities" shall be added next to "the governors of Tokyo-to, Hokkaido and prefectural governments" .
In Article 11 paragraph 2 ", five major cities" shall be added next to "governments" .
In Article 15 "or the mayors of five major cities" shall be added next to "the governors of Tokyo-to, Hokkaido and prefectural governments" .
In Article 16 "or five major cities" shall be added next to "Tokyo-to, Hokkaido and prefectural governments" , and "or the mayors of five major cities" shall be added next to "the governor of Tokyo-to, Hokkaido and prefectural governments" .
In Article 17 paragraphs 1 and 2 "or the mayors of five major cities" shall be added next to "the governor of Tokyo-to, Hokkaido and prefectural governments" .
Supplementary Provision:
This Law shall come into force as from the day of its promulgation, provided that the amended provision of Article 15 of the Local Finance Law shall apply as from the fiscal year 1949-50, and the provisions of Article 86-(2) of the National Public Service Mutual Aid Association Law shall apply as from July 1, 1948.
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