(Purpose and Juridical Character)
Article 13. The Special Mine Damage Rehabilitation Public Corporation (hereinafter to be referred to as "Rehabilitation Public Corporation (Fukkyu Kosha)" ) shall be a juridical person in public law established in accordance with this Law with a view to contributing toward accomplishment of a speedy and planned rehabilitation work on special mine damage caused by coal mining through securing the supply of funds necessary to pay for the expense of the rehabilitation work which is not borne by the State and local public bodies.
(Office)
Article 14. The Rehabilitation Public Corporation shall have its head office in Fukuoka City.
2 The Rehabilitation Public Corporation may with the authorization of the Minister of International Trade and Industry, establish its auxiliary offices in places deemed necessary.
(Articles of Incorporation)
Article 15. The Rehabilitation Public Corporation shall provide the following matters in its Articles of Incorporation:
(4) Matters pertaining to officers;
(5) Matters pertaining to business and execution thereof;
(6) Matters pertaining to accounting;
(7) Method of public notice.
2 The Article of Incorporation may be altered with the authorization of the Minister of International Trade and Industry.
(Registration)
Article 16. The Rehabilitation Public Corporation shall effect registration in accordance with the procedures as provided for by Cabinet Order with respect to change in its head office, new establishment of its auxiliary offices and other matters provided for in Cabinet Order.
2 The matters for which registration is necessary under the provisions of the preceding paragraph shall not be set off against the third party unless after registration.
(Tax Exemption)
Article 17. No income tax and corporation tax shall be imposed on the Rehabilitation Public Corporation.
(Application of the Civil Code)
Article 18. Of the provisions of the Civil Code (Law No.89, 1896), Article 44 (Ability for Illegal Conduct of a Juridical Person), Article 50 (address of the juridical person), Article 54 (Limitation of the Right of Representation), and Article 57 (Cases where the Interest of a Juridical Person and That of its Directors are against each other) shall apply mutatis mutandis to the Rehabilitation Public Corporation. In this case, "in this case, it is necessary, in accordance with the provisions of the preceding Article, to appoint a special representative" in Article 57 of the same Code shall read "In this case, the Auditor shall represent the juridical person."
(Officers)
Article 19. The Rehabilitation Public Corporation shall have for its officers one Chief Director and one or more Directors and Auditors respectively.
2 The Chief Director shall represent the Rehabilitation Public Corporation and preside over its business.
3 The Director shall, subject to the Articles of Incorporation represent the Public Corporation, assist the Chief Director and execute its business and, in the event of the disability on the part of the Chief Director, perform his duties on his behalf.
4 The Auditor shall audit the business of the Rehabilitation Public Corporation.
(Appointment of Officers)
Article 20. The Chief Director, Directors and Auditors shall be appointed by the Minister of International Trade and Industry.
(Appointment of Proxy)
Article 21. The Chief Director and Directors may, subject to the Articles of Incorporation, appoint proxies who shall be given the powers to do every juridical or non-juridical act in respect of the business of the head or auxiliary offices.
(Business)
Article 22. The Rehabilitation Public Corporation shall, in order to accomplish the purpose mentioned in Article 13, perform the following business:
(1) Collection of money to be paid in by owners of mining rights and by others whose object is coal;
(2) Payment to the executor of the rehabilitation work of the expense necessary to perform the work;
(3) In addition to the business mentioned in the preceding two items, the receipts and disbursements of the money necessary for the rehabilitation of special mine damage caused by coal mining;
(4) Execution of rehabilitation works in cases where the Rehabilitation Corporation is assigned as the executor of such work.
2 The Rehabilitation Public Corporation may, in addition to the businesses mentioned in the preceding paragraph, perform, upon approval of the Minister of International Trade and Industry, the business necessary for accomplishing its purpose.
(Position of Officer and Employee)
Article 23. Any officer and employee of the Rehabilitation Public Corporation (the employees who are in regular service of the Rehabilitation Corporation with the fixed remuneration, but not those persons employed by limitting their term of service within two months;hereinafter the same) shall be national public service personnel.
2 The Minister of International Trade an Industry may appoint the officers and employees of the Rehabilitation Public Corporation concurrently from among personnel of the Ministry of International Trade and Industry.
3 The officers and employees of the Rehabilitation Public Corporation appointed concurrently from among personnel of the Ministry of International Trade and Industry shall not receive the remuneration from the Rehabilitation Corporation as an officer or employee thereof.
(Payment of Money to the Rehabilitation Public Corporation)
Article 24. An owner of coal mining rights whose object is coal and whose working places include a working place related to special mine damage (including all the owners of mining rights designated under Article 3 paragraph 3, in cases where it is undiscernible which of the operations conducted by two or more owners, of mining rights, in two or more mining fields, caused the special mine damage;and including the designated person for the special mine damage in cases where all mine rights related to the special mine damage have ceased to exist) shall pay a fixed amount by the date fixed by the Minister of International Trade and Industry to be appropriated for the payment of expense required by the Rehabilitation Public Corporation to perform its business.
2 The fixed amount mentioned in the preceding paragraph shall be, in case of a payer who has the working places under items (1) and (2), the total of the amounts under items (1) and (2), and in case of a payer who has the working place under item (1) only, the amount under the same item. However, the Minister of International Trade and Industry may, when the mining rights of the designated person have ceased to exist or the designated person has ceased to carry on mining or when it is not appropriate to determine the fixed amount under the said paragraph in accordance with this method of computation, determine the fixed amount within a scope not exceeding one half of the expense necessary for the rehabilitation work on the special mine damages concerned, taking into consideration causes of the occurrence of the said special mine dameges, financial capacity of the said designated person and other:
(1) The amount of money computed by multiplying the amount determined by the Minister of International Trade and Industry, within the scope not exceeding twenty yen per ton, by the quantity of coal mined by the person obligatory to pay during every such fixed term after September 16, 1949, at the working place related to the special mine damage concerned, as is determined by the Minister of International Trade and Industry;
(2) The amount of money computed by multiplying the amount determined by the Minister of International Trade and Industry, within the scope not exceeding ten yen per ton, by the quantity of coal mined by the person obligatory to pay during every fixed term after September 16, 1949 at the working place other than the working place provided for in the preceding paragraph, as is determined by the Minister of International Trade and Industry.
3 The Minister of International Trade and Industry may, when, in a case where the quality of the coal mined being low or there exist other special circumstances, it is extremely inappropriate to have the fixed amount paid in under the preceding two paragraphs, exempt, according to the standard which shall be provided for by order, the person who is obligated to make the payment as provided for in paragraph 1 from the duty to make payment as mentioned in the said paragraph or reduce for them the amount of money to be paid under the provision of the preceding two paragraphs.
4 The Minister of International Trade and Industry, when he has determined the amount of money per ton in accordance with the provision of each item of paragraph 2 or determine the fixed amount under paragraph 1 in accordance with the proviso to paragraph 2 shall give public notice thereof without delay.
(Cases where a Designated Person becomes the Executor of Rehabilitation Works at His Own Charge)
Article 25. The person who is obligated to pay under the provision of paragraph 1 of the preceding Article, when the total amount to be paid by him in accordance with the provision of paragraph 2 of the same Article exceeds the amount that remains after subtracting from the total expenses for his special mine damage rehabilitation works such expenses as to be borne by the State or local public bodies as well as expenses to be borne by the person under the provision of the proviso to Article 11 paragraph 1 may, with the approval of the Minister of International Trade and Industry for the plan and the time of completion of the rehabilitation works, become the executor of his special mine damage rehabilitation work (in cases where the State or local public bodies or the National Railways of Japan bears wholly or partially the expenses for the rehabilitation work, such rehabilitation works shall be excluded) at the charge of his own (in cases where there is a person who bears the expenses wholly or partially, in accordance with the provision of the proviso to Article 11 paragraph 1, such expenses shall be borne by the person).
2 In applying the provision of the preceding paragraph, the total amount to be paid by the person who is obligated to make payment in accordance with the provision of the main clause of paragraph 2 of the preceding Article shall be the amount to be calculated according to the main provision of the same paragraph, regarding that the said person will have mined 5.5 times the quantity of coal which he mined in the year of 1949 at the working place under item 1 of the same paragraph or item (2) thereof, respectively, during the period from September 16, 1949 to the time when five years have passed after the Enforcement of this Law, at the working place under item (1) of the same paragraph or item (2) thereof, respectively.
3 The application for the approval under paragraph 1 shall be made within sixty days from the day when the public notice under paragraph 4 of the preceding Article concerning the amount to be paid by the person who is obligated to make such payment.
4 The provisions of Article 6 paragraphs 2 to 5 inclusive, and those of Articles 7 to 9 inclusive shall apply mutatis mutandis to the application for the approval under paragraph 1. In this case, "the competent Minister" shall read "the Minister of International Trade and Industry."
5 In the person who has obtained the approval under paragraph 1 the fixed amount referred to in paragraph 1 of the preceding Article shall be the amount which remains after deducting from the expenses for rehabilitation work of the special mine damage related to him the expenses to be borne by the State and local public bodies, the expenses required for the rehabilitation work to be executed by him in accordance with paragraph 1 of this Article, and the expenses to be borne by the person under the proviso to Article 11 paragraph 1.
6 When cancellation is made as provided for in Article 8 paragraph 2, which is applicable mutatis mutandis under paragraph 4, the provision of the preceding paragraph shall be regarded as not to have been applied. In this case, of the sum already spent or yet to be spent by the executor, such an amount as is deemed by the Minister of International Trade and Industry to have been required for the work executed in accordance with the provision of Article 8 paragraph 1 applicable mutatis mutandis under paragraph 4, shall be deducted from the amount payable in accordance with the provision of the preceding Article.
7 When the execution of work is succeeded to as provided for in Article 9, which is applicable mutatis mutandis under paragraph 4 the successor shall take over the right and obligation of the person succeeded.
(Contribution to the Rehabilitation Public Corporation)
Article 26. The Rehabilitation Public Corporation may receive cuntribution from local public bodies, owners of mining rights whose object is coal and others, so as to appropriate them to the rehabilitation work for which the Rehabilitation Public Corporation should bear expenses.
(Duty of Rehabilitation Public Corporation to pay Rehabilitation Work Expense)
Article 27. The Rehabilitation Public Corporation shall, when requested by the executor of the rehabilitation work who has obtained the authorization mentioned in Article 6 paragraph 1 for the payment of expenses, among the expense for the rehabilitation work, which is the expense required for the work to be executed within every term set by the Minister of International Trade and Industry and which shall be borne by the Rehabilitation Public Corporation amount, pay the said amount.
(Repayment to Rehabilitation Public Corporation)
Article 28. When a cancellation is made under the provision of Article 8 paragraph 2, the executor concerned shall return, out of the sum already received by him from the Rehabilitation Public Corporation under the provision of the preceding Article, to the said Corporation the amount deemed by the competent Minister to be other than that needed for the work carried out under the provision of Article 8 paragraph 1.
(Power to Force Execution of Collection)
Article 29. When the person who gains profit under the provision of Article 11 paragraph 2 fails to pay the amount fixed by the competent Minister|in accordance with the provision of the saidl paragraph, or when owners of mining right or the designated person fails to pay the fixed amount mentioned in Article 24 paragraph 1, or when|the executor of rehabilitation work as mentioned in the preceding Article fails to return the amount which is to be returned under the provision of the said Article, the city, town or village (in the area where there exists a special ward, such special ward, hereinafter the same shall apply) shall, upon the request of the Rehabilitation Public Corporation, make a disposition following the example of the disposition for arrears of local taxes. In this case, the Rehabilitation Public Corporation shall deliver to the city, town or village, 4 per cent of the amount thus collected.
2 The Rehabilitation Public Corporation shall, when city, town or village does not commence the disposition within thirty days from the day on which they have received the request mentioned in the preceding paragraph or do not complete the same within ninety days, the Rehabilitation Public Corporation may, with the authorization of the Minister of International Trade and Industry, make the disposition following the example of the disposition for arrears of local taxes.
3 The order in priority of the collection of money provided for in the preceding paragraph shall be next to the special ward tax or the city, town or village tax, and the prescription thereof shall be made on the example of that of city, town or village tax.
(Business Year)
Article 30. The business year of the Rehabilitation Public Corporation shall commence from April of each year and end in March of the following year.
(Supervision)
Article 31. The Rehabilitation Public Corporation shall be supervised by the Minister of International Trade and Industry.
(Approval of Inventory, etc.)
Article 32. The Rehabilitation Public Corporation shall prepare its inventory, balance sheet and profit and less account for each business year and submit them, within two months after the last day of the business year concerned, to the Minister of International Trade and Industry for approval.
(Supervising Order)
Article 33. The Minister of International Trade and Industry may issue to the Rehabilitation Public Corporation orders necessary to carry out supervision.
(Report and Inspection)
Article 34. The Minister of International Trade and Industry may, when deemed necessary, cause the Rehabilitation Public Corporation to submit reports and the officials concerned to inspect the status of business and property of the said Corporation.
2 The officials who are to make inspection under the provision of the preceding paragraph shall carry with them identification cards certifying their officials status and, shall show them upon request of persons interested.