Law concerning Special Cases of Application of the Fisheries Cooperative Association Law to Fishermen's Cooperative Associations and Federations of Fishermen's Cooperative Associations Establishing and Operating Fishery Coast Stations
法令番号: 法律第253号
公布年月日: 昭和25年12月9日
法令の形式: 法律
I hereby promulgate the Law concerning Special Cases of Application of the Fisheries Cooperative Association Law to Fishermen's Cooperative Associations and Federations of Fishermen's Cooperative Associations Establishing and Operating Fishery Coast Stations.
Signed:HIROHITO, Seal of the Emperor
This ninth day of the twelfth month of the twenty-fifth year of Showa (December 9, 1950)
Prime Minister YOSHIDA Shigeru
Law No.253
Law concerning Special Cases of Application of the Fisheries Cooperative Association Law to Fishermen's Cooperative Associations and Federations of Fishermen's Cooperative Associations Establishing and Operating Fishery Coast Stations
(Purport of Law)
Article 1. This Law specifies the special cases of application of the Fisheries Cooperative Association Law (Law No.242 of 1948;hereinafter referred to as "Law" ) to Fishermen's Cooperative Associations and Federations of Fishermen's Cooperative Associations which establish and operate, in accordance with the provisions of Article 11 paragraph 1 item 7 and item 8 (businesses of Fishermen's Cooperative Association) or Article 87 paragraph 1 item 7 and item 9 (businesses of Federation of Fishermen's Cooperative Associations) of the Law, fishery coast stations as prescribed in the Radio Law (Law No.131 of 1950).
(Special Cases concerning Qualifications for Membership of Association)
Article 2. Any Fishermen's Cooperative Association (hereinafter referred to as "Association" ) as prescribed in the preceding Article may, in accordance with the Articles of Incorporation, regard any juridical person who operates fishing by use of fishing vessel equipped with ship station as prescribed in the Radio Law and is not the person as prescribed in Article 18 paragraph 3 (qualifications for associate membership) of the Law and any corporation composed chiefly of persons who operate fishing by use of fishing vessel equipped with ship station as a person qualified for membership as prescribed in the same paragraph.
2 With regard to the member as prescribed in the preceding paragraph, he shall not, regardless of the provision of Article 19 paragraph 2 (units of capitalization) of the Law, possess more than one unit of capitalization.
(Separation of Account)
Article 3. Any Association which carries on the establishment and operation of fishery coast stations and the functions incidental thereto (hereinafter referred to as "fishery radio functions" ) shall make a separate accounting between the fishery radio functions and other functions (hereinafter referred to as "general functions" ).
(Resources for Expenditures for Fishery Radio Functions)
Article 4. General expenditures necessary for the fishery radio functions carried on by an Association shall be covered exclusively by the assessment and charges for use collected from the members who utilize the said functions, the amount carried forward as prescribed in Article 7 and donations or the subsidy from the national government or local public body to the said functions.
(Restriction on Utilization of General Functions)
Article 5. Any member of an Association as prescribed in Article 2 paragraph 1 shall, in the case where he utilizes the general functions carried on by the Association and other Fishermen's Cooperative Association, be regarded as a non-member of the Association and other Fishermen's Cooperative Association with regard to the application of the provision of Article 11 paragraph 3 (utilization by non-member) of the Law.
(Particulars to be entered in List of Members)
Article 6. With regard to a member who utilizes the fishery radio functions, the fact shall be entered additionally in the list of the members, and in the case where he is the member as prescribed in Article 2 paragraph 1, the fact shall be entered as well.
(Carrying forward of Surplus Fund)
Article 7. Any surplus fund obtained by the fishery radio functions carried on by an Association shall be carried forward to the following business year for the purpose of covering the expenditures for the said functions.
(Special Cases concerning Qualifications for Membership of Federation)
Article 8. Any Federation of Fishermen's Cooperative Associations (hereinafter referred to as "Federation" ) as prescribed in Article 1 may regard any juridical person who operates fishing by use of fishing vessel equipped with ship station in accordance with the Articles of Incorporation, and is not the person as prescribed in Article 88 (qualifications for membership) of the Law or any corporation composed chiefly of persons who operate fishing by use of fishing vessel equipped with ship station as a person qualified for membership as prescribed in item 3 (qualifications for associate membership) of the same Article.
2 With regard to the member as prescribed in the preceding paragraph, he shall not, regardless of the provision of Article 19 paragraph 2 of the Law which applies with the necessary modifications in Article 92 paragraph 2 (modified application of provisions), possess more than one unit of capitalization.
(Restriction on Utilization of General Functions)
Article 9. Any member of an Association as prescribed in Article 2 paragraph 1 and any member of a Federation as prescribed in paragraph 1 of the preceding Article shall, in the case where he utilizes the general functions carried on by the Federation to which the member of the Association or the member of the Federation belongs and other Federation of Fishermen's Cooperative Associations, be regarded as a non-constituent member of the Federation and other Federation of Fishermen's Cooperative Associations with regard to the application of the provision of Article 87 paragraph 3 (utilization by non-constituent member) of the Law.
(Modified Application of Provisions)
Article 10. The provisions of Article 3, Article 4, Article 6 and Article 7 shall apply with the necessary modifications to the Federation. In this case, "the member as prescribed in Article 2 paragraph 1" in Article 6 shall read "the member as prescribed in Article 8 paragraph 1" .
Supplementary Provision:
This Law shall come into force as from the day of its promulgation.
Prime Minister YOSHIDA Shigeru
Minister of Agriculture and Forestry HIROKAWA Kozen