I hereby promulgate the Law concerning Payment of Money due from the Sale of Goods owned by the State.
Signed:HIROHITO, Seal of the Emperor
This first day of the sixth month of the twenty-fourth year of Showa (June 1, 1949)
Prime Minister YOSHIDA Shigeru
Law concerning Payment of Money due from the Sale of Goods owned by the State
(Principle)
Article 1. The money due from the sale of movables owned by the State (exclusive of goods subject to the National Property Law (Law No.73 of 1948), hereinafter referred to as "goods" ) shall be paid by the time of transmission thereof except otherwise prescribed by the present Law or other laws.
(Delayed Payment of Money due from Sale)
Article 2. The chief of respective ministries and Government agencies (it means the chief of respective ministries and Government agencies prescribed in Article 20 paragraph 2 of the Finance Law (Law No.34 of 1947), hereinafter same) shall be authorized, when he deems it difficult for the buyer to make the immediate payment of the money due from the sale, to conclude the special contract of the delayed payment within a year with the secure hypothecation like as national bonds and with the interest only in the case mentioned below:
(1) Sale of goods among the organizations of respective ministries and Government agencies (it means the respective ministries and Government agencies prescribed in Article 21 of the Finance Law);
(2) Sale of goods to the local public bodies, public corporations under laws and ordinances and other public juridical persons, and juridical persons managing public utilities;
(3) Sale of goods like as alcohol which was sold by the Government under the provision of the Alcohol Monopoly Law (Law No.32 of 1937) of which the term in hand of the buyer is considerably long;
(4) Sale of goods necessary to be sold hastily like as goods necessary for relief in case of accidents or medicines necessary for prevention of infectious diseases;
(5) Sale of goods, in the case prescribed by a Cabinet Order, of which it is the general custom to settle the transaction by means of deferred payment.
2 In case there is necessity to sell immediately the goods of which the amount exceeds the demand thereof or there is necessity of hasty sale of goods considering from the custody, transportation and distribution, etc. of the goods, the chief of respective ministries and Government agencies shall be authorized to conclude the special contract of the delayed payment within a half year with the secure hypothecation like as national bonds and with the interest.
(Release, etc. from Submission of Hypothecation)
Article 3. In the case prescribed by paragraph 1 item (1) of the preceding Article, there is no need of submission of hypothecation and no need of the interest regardless of the provision of paragraph 1 of the said Article.
2 Only when the chief of respective ministries and Government agencies deemes it unnecessary to charge the hypothecation specially in case the total sum of money due from the sale to the same person is less than 10,000 yen or in the case prescribed by paragraph 1 item (2) of the preceding Article or paragraph 2 of the same Article, he may make the release from submission of hypothecation regardless of the provision of the said Article.
(Conference concerning Delayed Payment etc.)
Article 4. In case the chief of respective ministries and Government agencies intends to conclude the special contract of delayed payment under the provision of Article 2, he shall consult with the Minister of Finance in advance with respect to the term of delayed payment, hypothecation and interest.
2 The provision of the preceding paragraph shall apply mutatis mutandis to the case when the submission of hypothecation was intended to release under the provision of paragraph 2 of the preceding Article.
Supplementary Provisions:
1. The present Law shall come into force as from the day of its promulgation;provided, that the provisions of paragraph 4 of the Supplementary Provisions shall come into force as from June 1, 1949.
2. The Imperial Ordinance concerning Delayed Payment of Purchasing Money to Government (Imperial Ordinance No.374 of 1921) shall be abolished.
3. The special contract concluded in accordance with the Imperial Ordinance referred to in the preceding paragraph before the enforcement of the present Law shall still be effective.
4. A part of the Economic Stabilization Board Establishment Law (Law No.164 of 1949) shall be amended as follows:
In paragraph 6 of the Supplementary Provisions, "National Property Law (Law No.73 of 1948)"
shall be amended as"National Property Law (Law No.73 of 1948), |
Law concerning Payment of Money due from the Sale of Goods owned by the State (Law No.176 of 1949)" |