I hereby promulgate the Japanese Government Corporation for Housing of Allied Personnel Law.
Signed:HIROHITO, Seal of the Emperor
This first day of the fourth month of the twenty-fifth year of Showa (April 1, 1950)
Prime Minister YOSHIDA Shigeru
Japanese Government Corporation for Housing of Allied Personnel Law
Contents
Chapter I General Provisions(Articles 1-9)
Chapter II Officers and Personnel(Articles 10-16)
Chapter III Business(Article 17)
Chapter IV Accounting(Articles 18-22)
Chapter V Supervision(Article 23)
Chapter VI Miscellaneous Provisions(Articles 24-26)
Chapter VII Penal Provisions(Articles 27-28)
Supplementary Provisions:
CHAPTER I General Provisions
(Purpose)
Article 1. The purpose of the Japanese Government Corporation for Housing of Allied personnel shall be to construct dependent housings (to be referred to as "Dependent housings" hereinafter) to be used by the Allied Occupation Forces military personnel, the Allied personnel attached to or accompanying the Allied Occupation Forces and their families (hereinafter referred to as "the Allied Occupation Forces military personnel, etc." ) and rent out such housings to the Allied Occupation Forces military personnel, etc.
(Character of the Corporation as a Juridical Person)
Article 2. The Japanese Government Corporation for Housing of Allied Personnel (hereinafter referred to as "the Corporation" ) shall be a juridical person of the public law.
(Office)
Article 3. The Corporation shall have its principal office in Tokyo-To.
2 The Corporation may, with the approval of the Prime Minister, establish its branch offices at such places as are required.
(Fixed Capital)
Article 4. The Corporation shall have no fixed capital.
(Appropriation of the Counterpart Fund of U. S. Aid to Japan)
Article 5. Besides for the purposes under the provisions of Article 4 of the Special Accounts Law for the Funds of U. S. Aid for Japan (Law No.40 of 1949), the Government may appropriate the counterpart fund of U. S. Aid to Japan (hereinafter referred to as "the counterpart fund" ) for the fund for the construction of the dependent housings.
2 The counterpart fund appropriated in accordance with the provisions of the preceding paragraph shall be a debt of the Corporation.
(Registration)
Article 6. The Corporation shall register, in accordance with the provision of Cabinet Order, the change of the principal office, the establishment of the branch office and other matters as prescribed by Cabinet Order.
2 Matters required to be registered in accordance with the provisions of the preceding paragraph may not set up against any third person unless they have been registered.
(No Taxation)
Article 7. The Corporation shall be free from the income and corporation taxes.
2 To, Do, Fu, Ken, cities, towns, villages and the like shall not levy local taxes on the Corporation;provided that this shall not apply to the mine product tax, admission tax, liquor consumption tax, electricity and gas tax, timber transactions tax, entertainment tax, surtaxes of the above taxes and the entertainment tax share.
(Restriction on the Use of Corporation Name)
Article 8. Persons other than the Corporation shall not use the name of the Japanese Government Corporation for Housing of Allied Personnel or any other name similar thereto.
(Application Mutatis Mutandis of Provisions concerning Juridical Persons)
Article 9. The provisions of Articles 44, 50 and 54 of the Civil Code (Law No.89 of 1896) shall apply mutatis mutandis to the Corporation.
CHAPTER II Officers and Personnel
(Officers)
Article 10. The Corporation shall have, as its officers, one Director-General, four Directors, and one Auditor.
(Powers and Duties of Officers)
Article 11. The Director-General shall represent the Corporation and shall preside over its business.
2 The Directors shall represent the Corporation and assist the Director-General in the management of its business as may be provided for by the Director-General, and act on behalf of the Director-General in case he is prevented from discharging his duties, and perform the duties of Director-General in case of a vacancy in that position.
3 The Auditor shall audit the business of the Corporation.
(Appointment of Officers)
Article 12. The Director of the Special Procurement Agency shall be appointed as the Director-General of the Corporation.
2 The Directors of the Corporation shall be concurrently appointed from among the personnel of the Special Procurement Agency by the Director-General.
3 The Auditor shall be concurrently appointed from among the personnel of the Special Procurement Agency by the Prime Minister.
(Restriction on Representation)
Article 13. In case the interest of the Director-General or any Director and that of the Corporation is in contradiction to each other, such officer shall not have the power to represent the Corporation. In such event, the Auditor shall represent the Corporation.
(Appointment of Representatives)
Article 14. The Director-General and Directors may appoint from among the personnel of the Corporation the representatives who have the power of performing all juridical or non-juridical acts as to the business of the branch offices.
(Personnel)
Article 15. The personnel of the Corporation shall be concurrently appointed by the Director-General from among the personnel holding equivalent positions in the Special Procurement Agency.
(Status of Officers and Personnel)
Article 16. The Officers and personnel of the Corporation shall be national public service personnel.
2 The Director of the Special Procurement Agency as Director-General of the Corporation, and the personnel of the Special Procurement Agency holding additional posts as officers or personnel of the Corporation shall not receive any pay for holding the posts of officers or personnel of the Corporation from the Corporation.
CHAPTER III Business
(Scope of Business)
Article 17. In order to achieve the purpose as mentioned in Article 1, the Corporation shall operate the business of constructing the dependent housings, renting the dependent housings to the Allied Occupation Forces military personnel, etc. and collecting the rents thereof, in accordance with the plans and directions given by the Prime Minister.
CHAPTER IV Accounting
(Budget and Settlement)
Article 18. The budget and settlement of the accounts of the Corporation shall be in accordance with the provisions of the Law concerning Temporary Measures for the Budget and Settlement of Accounts of Public Corporation, etc.(Law No.27 of 1949).
(Expenditures)
Article 19. The expenditures required for the construction of the dependent housing shall be disbursed from the borrowings from the counterpart fund.
2 The expenditures required for the maintenance of the dependent housings constructed by the Corporation shall be charged on National Treasury and disbursed as Termination of War Expenditures by the State.
3 The expenditures required for the conduct of business of the Corporation shall be charged on National Treasury and disbursed as administrative expenditures of the Special Procurement Agency by the State.
4 The State may disburse the expenditures required for the operation of the business of the Corporation other than those prescribed in preceding three paragraphs as well as in the other laws separately from the Budget of the State.
Article 20. The Corporation shall appropriate the receipts of rents of the dependent housings to the redemption of the principal and interest of the borrowings from the counterpart, fund in each business year.
2 The receipts of rents of the dependent housings shall be paid to the National Treasury after the redemption of the principal and interest of the borrowings from the counterpart fund is completed in accordance with the provisions of the preceding paragraph.
(Deposit of Cash to the National Treasury)
Article 21. The Corporation shall deposit the cash related to the business of the Corporation in the National Treasury.
(Records and Ledgers)
Article 22. The Corporation shall, in accordance with the provisions of the Prime Minister's Office Ordinance, prepare necessary books to show properly and clearly the nature and details of its business as well as the conditions of business operations and accounting.
CHAPTER V Supervision
(Supervision)
Article 23. The Corporation shall be placed under the supervision of the Prime Minister;provided, however, that the Corporation shall be under the supervision of the Attorney-General in regard to the litigation in which the Corporation is a party or participator.
2 The Prime Minister may, when he deems it necessary for the enforcement of this Law, issue to the Corporation the orders necessary for the supervision of its business.
CHAPTER VI Miscellaneous Provisions
(Entrusting of Business)
Article 24. The Corporation may, in accordance with the provisions of Cabinet Order, entrust a part of its business to the Special Procurement Agency.
(Application Mutatis Mutandis of Other Laws and Orders)
Article 25. The Appeal Law (Law No.105 of 1890) and other laws and orders as prescribed by Cabinet Order shall apply mutatis mutandis to the Corporation by regarding it, in accordance with the provisions of Cabinet Order, as an administrative organ of the State.
(Offering of Land for Sites for Dependent Housings)
Article 26. In case the Corporation requires the state-owned land or the superficiary thereof as the sites for the construction of the dependent housings, the State may make such land or superficiary, without compensation, available to the Corporation, regardless of the provisions of Article 18 and Article 22 (including the case these Articles apply mutatis mutandis in Article 19 and Article 26) of the National Property Law (Law No.73 of 1948).
CHAPTER VII Penal Provisions
Article 27. In any of the following cases the officer of the Corporation who commits the act of violation shall be liable to a non-criminal fine not exceeding 30,000 yen:
(1) When he has established branch office without the approval of the Prime Minister in violation of the provision of Article 3 paragraph 2;
(2) When he has neglected to register or has made false registration in violation of Cabinet Order issued under Article 6 paragraph 1;
(3) When he has violated the order of the Prime Minister under the provision of Article 23 paragraph 2.
Article 28. Any person who has used the name "The Japanese Government Corporation for Housing of Allied Personnel" or the like in violation of the provisions of Article 8 shall be liable to non-criminal fine not exceeding 10,000 yen.
Supplementary Provisions:
1. This Law shnll come into force as from the day of its promulgation.
2. The Director of the Special Procurement Agency shall take charge of the preparatory business relative to the establishment of the Corporation, and, upon the completion of the preparation for the establishment of the Corporation, shall hand over the business to the Director-General of the Corporation.
3. All of the Director-General, Directors and Auditor shall register the establishment of the Corporation on the day when the Director-General has taken over the business in accordance with the provisions of the preceding paragraph.
4. The Corporation shall come into being upon the registration of its establishment.
5. Pending the establishment of the Corporation, the Special Procurement Agency may take charge of the business relative to the construction of dependent housings assigned to the Corporation.
6. Upon the establishment of the Corporation, the Special Procurement Agency shall hand over without delay the business under the preceding paragraph to the Corporation.
7. The Special Procurement Agency Establishment Law (Law No.129 of 1949) shall be partially amended as follows:
The following one item shall be added to Article 3 paragraph 1:
(4) Business entrusted by the Japanese Government Corporation for Housing of Allied Personnel.
8. The Registration Tax Law (Law No.27 of 1876) shall be partially amended as follows:
The following one item shall be added next to Article 19 item 1-(2):
1-(3) Registration of the Japanese Government Corporation for Housing of Allied Personnel for the Corporation itself.
9. The Stamp Tax Law (Law No.54 of 1899) shall be partially amended as follows:
Article 5 item 6-(6)-2) shall be amended as follows:
6-(6)-2). Documentary certificates and record books issued by the Japanese Government Corporation for Housing of Allied Personnel.
10. The Law concerning Temporary Measures for the Budget and Settlement of Accounts of Public Corporations, etc.(Law No.27 of 1949) shall be partially amended as follows:
In Article 1, "the Japanese Government Corporation for Housing of Allied Personnel," shall be added next to "the Housing Finance Bank," under "public corporations under laws and ordinances."
Prime Minister YOSHIDA Shigeru
Attorney-General UEDA Shunkichi
Minister of Finance IKEDA Hayato