Law for Partial Amendments to the Ministry of International Trade and Industry Establishment Law, etc.
法令番号: 法律第108号
公布年月日: 昭和25年4月24日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendments to the Ministry of International Trade and Industry Establishment Law, etc.
Signed:HIROHITO, Seal of the Emperor
This twenty-fourth day of the fourth month of the twenty-fifth year of Showa (April 24, 1950)
Prime Minister　YOSHIDA Shigeru
Law No.108
Law for Partial Amendments to the Ministry of International Trade and Industry Establishment Law, etc.
(Amendments to the Ministry of International Trade and Industry Establishment Law)
Article 1.　The Ministry of International Trade and Industry Establishment Law (Law No.102 of 1949) shall be partially amended as follows:
In Contents, "(Articles 5-15)" shall be amended as "(Articles 5-15-(2))" .
The following one item shall be added next to Article 3 item (2);and, in item (8) of the same Article, "and industrial product" shall be deleted:
(2)-2)　Guidance, mediation and assistance necessary for the promotion of rationalization of commerce, mining and industry.
In Article 4 paragraph 1 item (14), "To grant licences for" shall be amended as "To restrict or prohibit" , and the following one item shall be added next to item (15) of the same paragraph:
(15)-2)　To direct and supervise the Chief of the Custom-House regarding export and import.
In Article 5 paragraph 1, "eight bureaus" shall be amended as "nine bureaus" and "Iron and Steel Bureau" shall be amended as"
Iron and Steel Bureau
Temporary Trade Business Bureau
";and paragraph 2 of the same Article shall be amended as follows:
2　There shall be established in the Minister's Secretariat the Research and Statistics Division, in the Trade Promotion Bureau the Account Division, in the Machinery Bureau the Electric Communication Equipment Division and Vehicles Division and in the Chemistry Bureau the Chemical Fertilizer Division.
In Article 6 paragraph 5, "and Textile Bureau" shall be amended as "Enterprise Bureau and Temporary Trade Business Bureau."
In Article 7 paragraph 1 items (5) and (6), "for Export Credit Insurance, for U. S. Aid Commodities etc. to Japan," shall be added next to "the special accounts for international trade" ;and item (8) of the same paragraph shall be amended as follows;and, in paragraph 2 of the same Article, "items (8) to (10) inclusive" shall be amended as "items (8) and (9)" :
(8)　Basic matters regarding surveys and statistics and coordination of surveys and statistics.
In Article 8 item (1), "and programs" shall be amended as ", programs and procedures" ;in item (4) of the same Article, "(exclusive of those under the jurisdiction of other internal Bureaus and Divisions)" shall be added next to and affairs concerning import";and the following one item shall be added next to the same item:
(4)-2)　Direction and supervision over the Chief of the Custom-House regarding export and import.
Next to Article 9 item (11) shall be added the following one item;in item (12) of the same Article, next to "Foreign Trade Special Account" shall be added "and Export Credit Insurance Special Account" :
(11)-2)　Affairs for Export credit insurances.
In Article 10 paragraph 1, the following one item shall be added next to item (8);in item (9) of the same paragraph, "and utilization of reparation facilities" shall be added next to "Enforcement of reparation" ;and paragraph 2 of the same Article shall be deleted:
(8)-2)　Affairs for furnishing the Occupation Forces with service, goods and materials (exclusive of those under the jurisdiction of the Trade Promotion Bureau and the Special Procurement Agency).
In Article 11 item (1), "and import" shall be added next to "of export" ;and the following one item shall be added to the same Article:
(5)　Surveys and statistics regarding the enterprises under the preceding paragraph.
In Article 12 item (1), "import," shall be added next to "export," ;and the following one item shall be added to the same Article:
(4)　Surveys and statistics regarding the enterprises under the preceding item.
In Article 13 paragraph 1 items (1) and (3), "import," shall be added next to "export," ;and the following one item shall be added to the same paragraph:
(7)　Surveys and statistics regarding the enterprises under the preceding item.
In Article 14 paragraph 1 item (1), "import," shall be added next to "the export," ;in item (2) of the same paragraph, ", import" shall be added next to "the export" ;in item (7) of the same paragraph, "(excluding control on possession of explosives)" shall be deleted, and the following one item shall be added to the same paragraph:
(9)　Surveys and statistics regarding the enterprises under the preceding item.
In Article 15 item (1), "import," shall be added next to "export," ;and the following one item shall be added to the same Article:
(4)　Surveys and statistics regarding the enterprises under the preceding item.
In Chapter II Section 1, the following one Article shall be added next to Article 15:
(Functions of the Temporary Trade Business Bureau)
Article 15-(2).　The Temporary Trade Business Bureau shall take charge of the following affairs:
(1)　To execute the taking delivery of, the keeping of and sale of the U. S. Aid Materials and affairs relative thereto and other affairs concerning imports;
(2)　Special account for the U. S. Aid Commodities, etc. to Japan.
In Article 19 paragraph 1, next to "the machine and tool" shall be added "as well as non-ferrous metals and rolled products thereof."
Next to Article 24 item (3) shall be added the following one item;in item (7) of the same Article, next to "enforcement of reparation" shall be added "and the utilization of reparation facilities" ;and in item (17) of the same Article, "and of industrial products" shall be deleted:
(3)-2)　Affairs concerning export credit insurance;
Article 27 shall be amended as follows:
Article 27.　Deleted.
The heading of Article 28 shall be amended as "(International Trade Offices, etc.)" ;and, in the same Article, "sub-branch offices of the Regional Bureau of International Trade and Industry for the time-being and" shall be deleted.
In Article 32 paragraph 1, "five bureaus" shall be amended as "four Bureaus" , and"
Coal Control Bureau
Coal Production Bureau
"shall be amended as" Coal Industry Bureau ";and in paragraph 2 of the same Article," in the Coal Production Bureau the Development Division "shall be amended as" in the Coal Industry Bureau the Equipment Division".
In Article 35 (including the heading), "Coal Control Bureau" shall be amended as "Coal Industry Bureau" ;in item (1) of the same Article, "production," shall be added next to "adjustment of the" ;in item (3) of the same Article, "(excluding those under the charge of the Coal Production Bureau)" shall be deleted;and item (5) of the same Article shall be amended as follows:
(5)　Mechanization of coal mining industry and other improvement of technique in the production of coal;
The following one item shall be added next to Article 35 item (5):
(5)-2)　Development of new coal mines, pits and fields and survey in the quantity of coal deposits.
The following one paragraph shall be added next to Article 35:
2　The Equipment Division shall take charge of the affairs as referred to in items (5) and (5)-2) of the preceding paragraph.
Article 36 shall be amended as follows:
Article 36.　Deleted.
In Article 67 paragraph 1, "Solid Fuel Distribution Kodan" shall be deleted, and in paragraph 2 of the same Article, "Solid Fuel Distribution Kodan" and "Solid Fuel Distribution Kodan Law (Law No.56 of 1947)" shall be deleted.
(Amendments to the Agency of Industrial Science and Technology Establishment Law)
Article 2.　The Agency of Industrial Science and Technology Establishment Law (Law No.207 of 1948) shall be partially amended as follows:
In Article 3 item 4, "and industrial standards" shall be deleted;and the following one item shall be added next to item (4) of the same Article:
(4)-2)　Promotion of experiment for industrialization based on test and research and of other experiments and research.
In Article 4, ", Director's:Secretariat" shall be added next to "Industrial Technique Advisory Committee" .
In Article 6 paragraph 6, "according to the recommendation of the Minister of International Trade and Industry" shall be deleted;and "the Cabinet" shall be amended as "the Director of the Agency of Industrial Science and Technology" .
The following one Article shall be added next to Article 6:
(Director's Secretariat)
Article 6-(2).　The Director's Secretariat shall take charge of the affairs concerning personnel, accounting, general affairs and the others as are not under the charge of the other divisions or organs under the jurisdiction of the Agency of Industrial Science and Technology.
Article 7 item 4 shall be amended as follows;and item 5 of the same Article shall be deleted:
4　Promotion of experiment for industrialization based on test and research and of other experiments and research.
In Article 8, "and industrial standard" shall be deleted.
(Amendments to the Law for Establishment of the Board of Smaller Enterprise)
Article 3.　The Law for Establishment of the Board of Smaller Enterprise (Law No.83 of 1948) shall be partially amended as follows:
The title of the Law shall be amended as "the Smaller Enterprises Agency Establishment Law" , and in this Law, "Board of Smaller Enterprises" and "Board" shall be amended as "Smaller Enterprises Agency" and "Agency" respectively, and Article 3 shall be amended as follows:
(Functions and Powers of the Smaller Enterprises Agency)
Article 3.　The functions and powers of the Smaller Enterprises Agency, besides those prescribed in paragraphs 2 to 9 inclusive, shall be as follows:
1.　To decide the fundamental policies for the promotion and development of smaller enterprise;
2.　To take charge of matters concerning the enforcement of the Smaller Enterprise, etc. Cooperative Law (Law No.181 of 1949);
3.　To gather, analyse and freely disseminate information on all matters pertaining to efficient business methods and to the development and successful operation of smaller enterprise;
4.　To assist in the accommodation of funds for smaller enterprise;
5.　To supervise the Central Bank for Commercial and Industrial Cooperatives;
6.　To make investigation and diagnosis of the management of smaller enterprise, give it necessary advice based thereon;provided, however, that the abovementioned investigation and diagnosis be made only when requested by the smaller scale enterpreneur concerned and that the abovementioned advice shall not be binding the smaller scale enterpreneur concerned;
7.　To encourage the adoption of useful techniques and management system, etc.;
8.　To make investigations on financing methods to smaller enterprise and on other problems affecting smaller enterprise;
9.　To hold expositions to display the products and manufacturing processes of smaller enterprise.
The Agency may request reports or data and ask necessary cooperation from administrative organs pertaining to smaller enterprise, and may submit its opinion to them.
The administrative organs, in case they intend to decide fundamental policies on smaller enterprises, such as financing, allocation of materials, and all other important matters affecting smaller enterprises, shall make notification to the Agency to that effect.
The Agency is authorized to submit its opinion on all bills, affecting smaller enterprise, to be introduced into the Diet.
Smaller scale enterpreneurs, when their business was obstructed wrongfully by the acts of the administrative organs or their business transactions were restrained by the acts of others or when they deem that the acts of others are those of unfair competition, may report such facts to the Agency.
In the case under the latter part of the preceding paragraph, the Agency, when deemed necessary, shall transfer the said case to the Fair Trade Commission, with its opinion attached thereto.
The Agency shall make investigation whether the business of smaller enterprisers is being obstructed wrongfully by undue restriction of transactions or unfair methods of competition by other enterprisers or whether any member of the smaller enterprise cooperatives is a smaller scale enterpreneur, and report such facts to the Fair Trade Commission and request necessary corrective measures.
The Fair Trade Commission shall, when the notice of the recommendation or decision to open proceedings of a hearing is sent in the case where the Fair Trade Commission has recognized that a smaller enterprise cooperation is not conformed with the qualifications under provisions of Article 24 of the Law relating to Prohibition of Private Monopoly and Methods of Preserving Fair Trade (Law No.54 of 1947), or it has recognized that a member of a smaller enterprise cooperative is not in substance a smaller scale enterpreneur notify the Smaller Enterprise Agency to that effect.
The Agency may request laboratories and research institutions for their cooperation regarding their facilities and techniques which can contribute to the advancement of management of smaller enterprise.
Article 4 shall be amended as follows: (Organization) Article 4. In the Agency shall be established Director's Secretariat and following two Divisions: Promotion Division, Fostering Division. Director's Secretariat shall take charge of personnel, accounts and other miscellaneous affairs. Promotion Division shall take charge of the functions prescribed in items 1 to 5 inclusive items 8 and 9 of paragraph 1 of the preceding Article and paragraphs 2 to 8 inclusive of the same Article. Fostering Division shall take charge of the functions prescribed in items 6 and 7 of paragraph 1 of Article 3 and paragraph 9 of the same Article.
Supplementary Provisions:
1.　This Law shall come into force as from the day of its promulgation. However, the provisions of paragraph 2 and paragraph 3 of the Supplementary Provisions shall apply as from April 1, 1950.
2.　When personnel of the International Trade and Industry Bureau at the time of the abolition of sub-branches of the said Bureaus who were, on March 31, 1950, government officials assigned to prefectural commercial and industrial materials offices, have become continuously the personnel of prefectural governments (immediately after the time of the enforcement of this Law)(exclusive of those provided for in Article 8 of the Supplementary Provisions of the Local Autonomy Law (Law No.67 of 1947), the provisions of Article 10 of the Supplementary Provisions of the Law for Partial Amendments to the Pension Law (Law No.77 of 1947) shall apply mutatis mutandis to them except in the case where the said Article is applicable.
3.　Articles in possession of the State which are used by the Commercial and Industrial Materials Office in To, Do, Fu or Prefecture as on March 31, 1950, and which are designated by the Minister of International Trade and Industry, shall be given without compensation to To, Do, Fu or Prefecture where the said Commercial and Industrial Materials Office is located.
4.　The National Government Organization Law (Law No.120 of 1948) shall be partially amended as follows:
In the column of Kodan under the Ministry of International Trade and Industry of Annexed Table No.1, "the Solid Fuel Distribution Kodan" shall be deleted.
In Annexed Table No.2, "International Trade and Enterprise Bureau;Procurement and Reparation Division" shall be deleted.
In Annexed Table No.3,
"Coal Control Bureau,
Coal Production Bureau"
shall be amended as "Coal Industry Bureau."
Prime Minister　YOSHIDA Shigeru
Minister of International Trade and Industry　TAKASE Sotaro