I hereby promulgate the Law for Partial Amendments to the Law concerning Payment of Money due from the Sale of Goods owned by the State.
Signed:HIROHITO, Seal of the Emperor
This eighth day of the twelfth month of the twenty-fourth year of Showa (December 8, 1949)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to the Law concerning Payment of Money due from the Sale of Goods owned by the State
The Law concerning Payment of Money due from the Sale of Goods owned by the State (Law No.176 of 1949) shall be partially amended as follows:
Next to Article 1, the following one Article shall be added:
(Delayed Payment of Money Due from Sale)
Article 1-(2). In the case of the sale of goods (inclusive of goods processed or repaired after acquisition) acquired, produced or manufactured by the State for the purpose of sale, if the head of respective ministries and Government agencies (meaning the heads of the respective ministries and other Government agencies prescribed in Article 20 paragraph 2 of the Finance Law (Law No.34 of 1947);hereinafter the same) deems that there is reason in virtue of transaction practices or other unavoidable reasons which necessitate the transfer of goods before the payment of money due from sale, he may conclude a special contract for delayed payment to be made within half a year, by requiring the offering of reliable hypthecation such as national bonds and with interest.
The heading of Article 2 shall be deleted;in paragraph 1 of the same Article, "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 the same)" shall be amended as "Except the case of the preceding Article, the head of respective ministries and Government agencies" ;items (3) and (5) of the same paragraph shall be deleted;item (4) of the same paragraph shall be made item (3);and paragraph 2 of the same Article shall be amended as follows:
2 Except the case of the preceding Article, the head of respective ministries and Government agencies may conclude a special contract for delayed payment applying the provision of the said Article with necessary modification, in case it is necessary to sell goods rapidly due to reasons of management thereof.
Article 3 paragraph 2 shall be amended as follows:
2 In the case prescribed in the preceding two Articles, except the case of the preceding paragraph, when the chief of respective ministries and Government agencies deems specially that there is no necessity to require the offering of hypothecation or deems it inappropriate to cause the payment of interest, he may exempt the offering of hypothecation or payment of interest regardless of these preceding two Articles.
In Article 4 paragraph 1, "Article 2" shall beamended as "Article 1-(2) or 2" ;in paragraph 2 of the same Article, "when the submission of hypothecation was intended to release" shall be amended as "when the head of respective ministries and Government agencies intends to exempt the offering of hypothecation or payment of interest."
Next to Article 4, the following one Article shall be added:
(Application Mutatis Mutandis to Kodans, etc.)
Article 5. The provisions of the preceding five Articles shall apply mutatis mutandis to the payment of money due from sale of movables and the special contract for delayed payment of money due from sale when Kodans under laws, the Japan Monopoly Corporation and the Japanese National Railways sell movables owned by them. In this case, in Article 2 paragraph 1 item (1), "among the organizations of respective ministries and Government agencies (it means the respective ministries and other Government agencies prescribed in Article 21 of the Finance Law)" shall read "to the State" ;and with respect to Kodans under laws and orders, in paragraph 1 of the preceding Article, "consult with the Minister of Finance in advance with respect to the term of delayed payment, hypothecation and interest" shall read "obtain the approval of the head of respective ministries and Government agencies supervising the Kodan concerned in advance with respect to the term of delayed payment, hypothecation and interest. In this case, the head of respective ministries and Government agencies shall consult with the Minister of Finance when he intends to give the said approval."
Supplementary Provision:
This Law shall come into force as from the day of its promulgation;provided that the part concerning the Japan Monopoly Corporation and Japanese National Railways in the amended provision of Article 5 shall come into force as from April 1, 1950.
Minister of Finance IKEDA Hayato
Minister of Agriculture and Forestry MORI Kotaro
Minister of International Trade and Industry INAGAKI Heitaro
Minister of Transportation OYA Shinzo
President of Economic Stabilization Board YOSHIDA Shigeru
Prime Minister YOSHIDA Shigeru