法令番号: 法律第176号
公布年月日: 昭和25年5月11日
法令の形式: 法律
I hereby promulgate the Special Mine Damage Rehabilitation Temporary Measures Law.
Signed:HIROHITO, Seal of the Emperor
This eleventh day of the fifth month of the twenty-fifth year of Showa (May 11, 1950)
Prime Minister YOSHIDA Shigeru
Law No.176
Contents
Chapter I General Provisions(Articles 1-4)
Chapter II Execution of Rehabilitation Work(Articles 5-12)
Chapter III Special Mine Damage Rehabilitation Public Corporation(Articles 13-34)
Chapter IV Miscellaneous Provisions(Articles 35-36)
Chapter V Penal Provisions(Articles 37-42)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose)
Article 1. The purpose of this Law is to secure by achieving a speedy and planned rehabilitation work of special mine damage caused by coal mining, the welfare of the general public and to contribute toward a sound development of the coal mining industry.
(Definition of Terms)
Article 2. In this Law, "mining rights" shall include the right of use under Article 17-(2) of the former Law to Promote the Production of Important Minerals (Law No.35 of 1938) which are still valid under paragraph 3 of the Supplementary Provisions of the said Law and shall include the right of use mentioned in Article 17 of the Law for Temporary Measures for Coal Mining Right, etc.(Law No.154 of 1948) and "owners of mining right" shall include the owners of the said right.
2 In this Law, "special mine damage" shall mean the damage determined by the Minister of International Trade and Industry in accordance with the provisions of Article 3 paragraph 1.
3 In this Law, "rehabilitation work" shall mean the work to be carried out on land and other properties on which special damages has occurred so as to rehabilitate their inherent utilities.
(Determination of Special Mine Damages and Designation of Owners of Mining Rights)
Article 3. The Minister of International Trade and Industry shall, on the basis of request of the competent Minister or applications of the local public bodies, or the interested persons determine the mine damages falling under the following items:However, such demand or application shall be made within ninety (90) days from the date of enforcement of the Law, and the Minister of International Trade and Industry shall confirm whether or not it concerns the coal mine damage which falls under any of the following items within 6 months from the day of which such demand or application has been received:
(1) Mine damage caused by cutting operations in accordance with orders issued by law or with administrative actions of a similar nature, as an emergency measure for the increased production of coal during the Pacific War to meet on urgent national demand to carry out battles, in places where cutting operations were not usually performed in view of prevention of mine damages, or by cutting operations without taking special precaution on places where precautions in cutting operations were usually taken for the prevention of mine damage and by neglecting to take measures usually adopted;
(2) Mine damage of which rehabilitation is appropriate to be carried out and, more-over, essential to be carried out speedily in order to ensure prevention of disasters and damage, and maintain communications, stabilization of people's livelihood and welfare of the general public.
2 With respect to special mine damage, the Minister of International Trade and Industry shall designate owners of mining rights on the mine field concerned at the time of occurrence of special mine damage and those at the time of expiration of the mining rights when mining rights have ceased to exist at the time of occurrence of special mine damage.
3 In the case of the preceding paragraph, where it is unable to ascertain whichever of the operation among two or more owners of mining rights of mines caused the special mine damage, the owners of mining rights shall all be designated.
4 In the case of preceding two paragraphs, when the owners of mining rights have transferred their mining rights after the occurrence of special mine damage, the owners of mining rights at the time of occurrence of special mine damage shall be designated as well as the owner after the occurrence of special mine damage.
5 The Minister of International Trade and Industry shall make public notice of the special damage determined under paragraph 1 and the owners of mining rights or the former owners of mining rights designated under paragraphs 2 to the preceding paragraph inclusive (hereinafter referred to as "designated person" ).
(Validity of Dispositions, Procedures and other Acts)
Article 4. The dispositions, procedures and other acts which have been taken or performed under this Law or Orders issued in accordance with this Law shall be valid even to successors of owners of mining rights whose object is coal, designated persons, persons who are to carry out the rehabilitation work and other interested parties.
CHAPTER II Execution of Rehabilitation Work
(Executor of the Rehabilitation Work)
Article 5. Executors of the rehabilitation work shall, where provisions are made in other laws or orders, be those as provided for in such laws or orders.
2 In addition to those cases provided for in the preceding paragraph, the competent Minister shall determine the executors of the rehabilitation work when the cost of the said work is to be disbursed, in whole or in part, from the public works account of the State.
3 In addition to those cases provided for in the preceding two paragraphs, the executors of the rehabilitation work shall be the designated persons for the special mine damage concerned (to be determined by the Minister of International Trade and Industry from among the designated persons in case the designated persons are those applicable under Article 3 paragraphs 3 and 4). However, with respect to the executors of the rehabilitation work on farm land and water-works, water supply or drainage, the competent Minister may select proper persons and, with their consent, make them the executors of the said rehabilitation work.
4 The provisions of the preceding paragraph shall not preclude the person who has obtained the approval under Article 25 paragraph 1, to become an executor of rehabilitation works as provided for in the same paragraph.
5 The Minister of International Trade and Industry may, when designated persons lack in capacity to execute the rehabilitation work or when deemed improper to do the same for other special reasons, select not withstanding the provisions of the main body of paragraph 3 executors of rehabilitation works from among those carrying out rehabilitation work at neighbouring localities or other persons deemed proper and, with their consent, make them the executors of the said rehabilitation work.
6 The Minister of International Trade and Industry may, when unable to determine a suitable executor in accordance with the provisions of the preceding paragraph make the Special Mine Damage Rehabilitation Public Corporation the executor of rehabilitation works.
(Authorization of Plans, etc., for Rehabilitation Work)
Article 6. When an executor of the rehabilitation work (excluding those to be carried out directly by the competent Minister) receives direction from the competent Minister, he shall apply within the period prescribed by the competent Minister for approval of the plan, date of completion and cost and that part of cost to be borne by the Special Mine Damage Rehabilitation.
2 Any person who has been granted the authorization under the preceding paragraph must obtain the authorization of the competent Minister when he intends to alter the matters for which authorization has been granted.
3 In case the application for authorization under the preceding two paragraphs is made, such application shall be accompanied by a letter of consent of the person who has actually incurred the special mine damage concerned and who has interests in matters for which application for authorization has been made. However, when the said letter of consent is not obtainable, a letter shall be attached stating the reasons therefor.
4 The competent Minister, when it is deemed necessary, may, in case he grants the authorization under paragraph 1 or paragraph 2, give a modified authorization to applications or alter the matters for which authorization has been given under paragraph 1 or paragraph 2.
5 The competent Minister shall, with respect to the execution of the work to be directly carried out by the Minister, the direction mentioned in paragraph 1, the authorization under the same paragraph 1 and paragraph 2 and the alteration in the matters for which authorization has been given under the preceding paragraph, execute it in accordance with the standards established by the Minister of International Trade and Industry, upon consultation with the competent Minister.
(Public Notice of Matters Authorized)
Article 7. The competent Minister shall, when he grants the approval under paragraph 1 of the preceding Article, make public notice of the special mine damage and the executors of rehabilitation work, date of completion thereof. The same shall apply when alteration has been made in the said matters.
(Duty to Execute Work)
Article 8. An executor of rehabilitation work who has obtained the authorization under Article 6 paragraph 1 shall execute the rehabilitation work according to the plan provided for in the same Article and complete it within the prescribed time of its completion as provided for in the same Article.
2 The competent Minister may, if it is deemed necessary, in case where the executor of the rehabilitation work mentioned in the preceding paragraph carried out the rehabilitation work or fails to carry out the rehabilitation work, in violation of the provisions of the said paragraph, cancel the authorization mentioned in Article 6 paragraph 1.
3 The competent Minister shall, when he has made the cancellation of the preceding paragraph, make public notice to that effect.
(Succession of Execution of Work)
Article 9. When, in case the executor of the rehabilitation work who has obtained the authorization mentioned in Article 6 paragraph 1 has become unable to continue the execution of the work due to transfer of mining rights or for other special reasons, the said person makes application to the competent Minister concerning the succession to the execution of the work under joint signature with the receiver of the mining rights or other persons deemed proper whom he shall designate, the competent Minister may cause such person to take over the execution of the work.
(Notification of Commencement and Completion of Work)
Article 10. The executor of the rehabilitation work (excluding the work to be carried out directly by the competent Minister) shall, when he has commenced or completed the works, make the notification to the competent Minister to that effect without delay.
(Bearing of Rehabilitation Expense)
Article 11. The expense nesessary for the rehabilitation work shall, with the exception of those cases to be borne by the State or local public bodies, and those to be borne by a person who has obtained the approval under the provision of Article 25 paragraph 1, be borne by the Special Mine Damage Rehabilitation Public Corporation. However, if, in those cases where there are provisions in other laws or orders or where there exist special reasons, there is a party who is to bear the expense, in whole or in part, other than the State, local public bodies or the designated persons who were designated under Article 3 paragraphs 2 to 4 inclusive because of their being owners of mining rights, now or formerly, this shall not apply to the expenses to be borne by the said party.
2 In the case of the preceding paragraph, when there is a person who gains profits unduly as the result of the execution of the rehabilitation work, the competent Minister may cause the said person to pay to the Special Mine Damage Rehabilitation Public Corporation the expense of the work determined by him to be borne by the said person within the limit of the profits which may be gained by such person.
3 The bearing of the expense by the Special Mine Damage Rehabilitation Public Corporation provided for in the main clause of paragraph 1 shall be made within the limit of the amount of the expense authorized under Article 6 paragraph 1 or paragraph 2 to be borne by the Special Mine Damage Rehabilitation Public Corporation or the expense altered under the provision of paragraph 4 of the same Article to be borne by the said Corporation.
(Extinction of Liability to Make Indemnity)
Article 12. When the rehabilitation work has been carried out in accordance with the provisions of this Law, the liability to indemnity for damages under the provision of Article 74-(2) of the Mining Industry Law (Law No.45 of 1905)(including the case where it applies mutatis mutandis under Article 17-(22) of the former Law to Promote the Production of Important Minerals still valid under the provision of paragraph 3 of the Supplementary Provisions of the said Law and under Article 33 of the Law for Temporary Measures for Coal Mining Right, etc.), shall be deemed to be extinct up to the limit of the rehabilitation work carried out.
CHAPTER III Special Mine Damage Rehabilitation Public Corporation
(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:
(1) Purpose;
(2) Title;
(3) Location of office;
(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.
CHAPTER IV Miscellaneous Provisions
(Report and Spot Inspection)
Article 35. The competent Minister may, when it is deemed particularly necessary in determining special mine damage or designating under the provisions of Article 3 paragraphs 2 to 4 inclusive the owners of mining rights, or former owners of mining rights or for securing the fair execution of rehabilitation work or bearing the expense, required for the rehabilitation work, cause the owners of coal mining rights, whose object is coal or former owners of coal mining rights, whose object is coal, the executors of rehabilitation works, persons who are actually suffering from special mine damage or persons making profit mentioned in Article 11 paragraph 2 to submit reports or may cause the officials concerned to enter the following places to inspect the status of the rehabilitation work, books, papers and other matters:
(1) Working places of coal mining industry;
(2) Places where special mine damage is occurring and places, where the damage, falling under the respective items of Article 3 paragraph 1 is deemed to be occurring;
(3) Places where the rehabilitation work is being carried out, or where the rehabilitation work is intended to be carried out or storing sheds, etc. attached thereto;
(4) Offices or business places of owners of coal mining rights, former owners of coal mining rights, executors of the rehabilitation work of the persons making profit under the provision of Article 11 paragraph 2.
2 The powers of spot inspection under the provision of the preceding paragraph shall not be construed as having been authorized for criminal search.
3 The provisions of paragraph 2 of the preceding Article shall apply mutatis mutandis to the officials who carry out the spot inspection in accordance with the provision of paragraph 1.
(Delegation of Powers and Lawsuit)
Article 36. The Minister of International Trade and Industry may delegate part of the powers given to him under this Law to the Directors of the Bureaus of Coal.
2 Any person who is dissatisfied with the disposition of the Minister of International Trade and Industry or other administrative offices in accordance with the provisions of this Law may bring a lawsuit to the Court within 90 days from the day on which such disposition concerns a factual or a legal problem.
CHAPTER V Penal Provisions
Article 37. Any person who fails, in violation of the provision of Article 6 paragraph 1, to submit, within the prescribed period, to the competent Minister the application for authorization mentioned in the same paragraph shall be sentenced to imprisonment not exceeding one year or to a fine not exceeding thirty thousand yen.
Article 38. Any person who has, in violation of the provision of Article 8 paragraph 1 (including cases where the provision thereof applies mutatis mutandis under Article 25 paragraph 4) carried out the rehabilitation work not according to the plan or failed to complete the said work by the scheduled date of its completion shall be sentenced to imprisonment not exceeding one year or to a fine not exceeding thirty thousand yen.
Article 39. Any person who falls under any one of the following items shall be sentenced to imprisonment not exceeding six months or to a fine not exceeding ten thousand yen:
(1) A person who, in violation of the provision of Article 10, has failed to make the notification or has made a false notification;
(2) A person who, in violation of the provision of Article 34 paragraph 1 or Article 35 paragraph 1, has failed to make a report or has made a false report;
(3) A person who has refused, prevented or otherwise evaded the inspection mentioned in Article 34 paragraph 1 or Article 35 paragraph 1.
Article 40. In case any representative of a juridical person, of any agent or employee of, or any other person working for a juridical person or an individual has committed the offience under the preceding three Articles with respect to the business of the said juridical person or the individual, the fine as prescribed in each of the main body of the said Articles shall be imposed upon the juridical person or the individual in addition to the actual offencers.
Article 41. In the following cases, the Chief Director, Director of Auditor of the Rehabilitation Public Corporation shall be punished with an administrative fine not exceeding ten thousand yen:
(1) In case the said person has performed business not provided for in Article 22;
(2) In case the said person has violated the order of the Minister of International Trade and Industry under the provision of Article 33.
Article 42. In the following cases, the Chief Director, Director or Auditor of the Rehabilitation Public Corporation shall be punished with an administrative fine not exceeding five thousand yen:
(1) In case the said person has neglected to effect registration or has made a false registration inviolation of this Law or Cabinet Order issued in accordance with this Law;
(2) In case the person has failed to make entry or has made a false entry, of the matters to be entered, in the document under Article 32.
Supplementary Provisions:
1. The date of enforement of this Law shall be fixed by Cabinet Order within thirty days as computed from the date of its promulgation.
2. This Law shall lose its validity when five years have elapsed from the date of enforcement thereof. However, with respect to the application of penal provisions to acts, committed up to the end of the said period and liquidation of the Rehabilitation Public Corporation, this Law shall still be valid even after the elapse of the said period.
3. The Rehabilitation Public Corporation shall dissolve at the date of the transfer as provided for in paragraph 13 of the Supplementary Provisions and matters necessary for the dissolution shall be provided for by Cabinet Order.
4. The Minister of International Trade and Industry shall appoint the members of establishment committee and cause them to discharge the business concerning the establishment of the Rehabilitation Public Corporation.
5. The establishment committee shall draft the Articles of Incorporation and shall obtain the authorization of the Minister of International Trade and Industry.
6. When the authorization under the preceding paragraph has been granted, the establishment committee shall, without delay, transfer to the Chief Director of the Rehabilitation Public Corporation the business of the establishment committee.
7. When the Chief Director has taken over the business under the provisions of the preceding paragraph, the whole members of Chief Director, Directors and Auditors shall make registration of establishment without delay.
8. The Rehabilitation Public Corporation shall be established by the registration of establishment.
9. The Registration Tax Law (Law No.27 of 1896) shall be partially amended as follows:
In Article 19 item (7), "or the Closed Institutions Liquidation Commission" shall be amended as "the Closed Institutions Liquidation Commission or the Special Mine Damage Rehabilitation Public Corporation" and "or the Closed Institutions Liquidation Commission Ordinance" as "the Closed Institutions Liquidation Ordinance or the Special Mine Damage Rehabilitation Temporary Measure Law."
10. The Stamp Duty Law (Law No.54 of 1899) shall be partially amended as follows:
Next to Article 5 item (6)-(8) the following one item shall be added:
(6)-(9) Documents and books issued in connection with the business of the Special Mine Damage Rehabilitation Public Corporation.
11. The Law concerning Adjustment of Penal Provisions for Economic Offences (Law No.4 of 1944) shall be partially amended as follows:
Next to item (31) of the Attached Table B, the following one item shall be added:
(32) The Special Mine Damage Rehabilitation Public Corporation.
12. The Local Tax Law shall be partially amended as follows:
Next to Article 13 item (15), the following one item shall be added:
(15)-(2) Business of the Special Mine Damage Rehabilitation Public Corporation.
13. The business of the Rehabilitation Corporation under this Law shall be transferred to the Ministry of International Trade and Industry on or before Dec.31, 1950.
Prime Minister YOSHIDA Shigeru
Attorney-General UEDA Shunkichi
Minister of Finance, pro tempore Minister of State UEDA Shunkichi
Minister of Welfare HAYASHI Joji
Minister of Agriculture and Forestry MORI Kotaro
Minister of International Trade and Industry TAKASE Sotaro
Minister of Transportation OYA Shinzo
Minister of Construction MASUDA Kaneshichi
President of Economic Stabilization Board YOSHIDA Shigeru