(Purpose)
Article 1. The purpose of this Law is to secure the salt production in this country and to contribute to the sound management of the salt monopoly enterprise of the state operated by the Japan Monopoly Corporation (hereinafter to be referred to as "the Corporation" ) by granting subsidies from the Corporation to those who carry out the disaster rehabilitation works on saltfields, concentration facilities or protection facilities of salt-fields from disasters (hereinafter to be referred to as "the salt-fields, etc." ) for the expenses necessary for the disaster rehabilitation works thereof.
(Definition)
Article 2. "Salt-fields" as used in this Law, shall mean the land to be used for the purpose of obtaining salt or brine (designating the salt or brine under Article 1 paragraph 1 or 3 of the Salt Monopoly Law (Law No.112 of 1949);hereinafter the same), including the facilities accessory to the land used for this purpose other than the concentration facilities and the protection facilities of salt-fields from disasters.
2 "The concentration facilities" as used in this Law, shall mean the facilities to be used for the purpose of obtaining salt or brine, or enhancing the density of brine by means of the bamboo screen system or the concentration plates as commonly called, or by natural power (excluding earth heat).
3 "The protection facilities of salt-fields from disasters" as used in this Law, shall mean the embankment accessory to salt-fields or concentration facilities, necessary for protection from disasters, including accessory facilities to such embankment.
4 "Disasters" as used in this Law, shall mean the damages caused by storms, flood, high tide, earthquake and other extraordinary natural phenomena.
5 "Disasters rehabilitation works" as used in this Law, shall mean the works costing not less than 150,000 yen for one lot of the work, which are necessitated by disasters and which aim to restore the salt-fields, etc., damaged by disasters to their original status.
6 With regard to the application of this Law, the works costing not less than 150,000 yen for one lot of the works, which are necessitated by disasters and which aim to establish necessary facilities substituting for the restoration works to the original status if it is very difficult or inappropriate to restore to the original status, shall be deemed to be disaster rehabilitation works.
7 In the cases of the preceding two paragraphs, the works of the salt-fields, etc. where the damaged places lie in succession at intervals within fifty metres, and the works of the saltfields, etc. where the damaged places lie in succession at intervals exceeding fifty metres for which the separate working is difficult or inappropriate in view of the use of the salt-fields, etc., shall be deemed to be one lot of the works provided that this shall not apply to the case where there are two or more persons carrying out the works concerned.
(Grant of Subsidy)
Article 3. The Corporation may, within the limit of budgetary appropriations for such purpose, give as subsidy to those who carry out the disaster rehabilitation works the amount (in case the amount of the expenses for the works under the provision of paragraph 6 of the preceding Article exceeds the amount necessary for restoration to the original status of the damaged salt-fields, etc., the latter amount;hereinafter the same) corresponding to a part of the work expenses for the said works.
2 The amount of the subsidy to be granted in accordance with the provisions of the preceding paragraph, shall be the amount within the limit of that calculated at the ratio given in each of the following item:
(1) Concerning salt-fields and concentration facilities; 50% of the work expenses for disaster rehabilitation works;
(2) Concerning protection facilities of saltfields from disaster; 65% of the work expenses for the disaster rehabilitation works.
3 The work expenses of the disaster rehabilitation works to be subsidized in accordance with the provision of paragraph 1, shall consist of the total amount of the material expenses, labor expenses, ground-purchasing expenses and other sundry service expenses, together with miscellaneous expenses, which are all directly necessary for carrying out the said disaster rehabilitation works.
4 The subsidy under the provision of paragraph 1, shall be included in loss of the business year concerned in calculating the amount of monopoly payment in accordance with the provision of Article 43-(13) paragraph 1 of the Japan Monopoly Corporation Law (Law No.255 of 1948).
(Application for Subsidy)
Article 4. The person who intends to apply for the subsidy under paragraph 1 of the preceding Article shall, within two months after the date of outbreak of the disaster, shall submit an application for subsidy to the Corporation, together with an operation program relating thereto.
(Determination of Subsidy)
Article 5. In case an application for subsidy is submitted under the provision of the preceding Article, the Corporation shall examine the contents of works and after having recognized that the works concerned is duly qualified to be dealt with as a disaster rehabilitation works, and that the works are necessary in view of the purpose provided for in Article 1, shall determine the amount of subsidy within the limit to be granted under the provisions of Article 3, and in accordance with the standard set forth previously by the Corporation for the technical matters relating to the disaster rehabilitation works and for the standard expenses necessary for achievement of the works concerned.
2 In case of granting subsidy determined in accordance with the provision of the preceding paragraph, the Corporation may lay down a condition to alter the contents of the work program submitted in accordance with the provision of the preceding Article or other necessary conditions, so as to make the works to which the subsidy is granted, suitable to the standard set by the Corporation in accordance with the same paragraph.
(Approval of Alteration)
Article 6. In case the person who has received the subsidy in accordance with the provisions of Article 3 paragraph 1 desires the alteration of the contents of the work program relating to the disaster rehabilitation works, (in case the contents of the work program are altered in conformity with the conditions under the provision of paragraph 2 of the preceding Article, the work program so altered) he shall previously obtain the approval of the Corporation.
2 In case the application for approval under the preceding paragraph has been submitted, the Corporation shall examine the contents to be altered and determine whether such alteration is to be approved or not in consideration of the standard previously set forth by the Corporation in accordance with the provision of paragraph 1 of the preceding Article.
3 In case the Corporation has approved the alteration under the preceding paragraph, it shall, if the alteration of the amount of subsidy is necessary as a result of the said alteration, alter the amount of subsidy within the limit of the amount of subsidy as may be granted in accordance with the provisions of Article 3.
(Examination, etc. by the Corporation)
Article 7. The Corporation may make necessary examination, request for report or give necessary instructions for carrying out of the said works, to the person who has been granted the subsidy in accordance with the provision of Article 3 paragraph 1, for purposes of proper execution of the disaster rehabilitation works, which is the object of subsidy.
(Refund of Subsidy)
Article 8. The person who has been granted the subsidy under the provision of Article 3 paragraph 1, and falls under one of the items mentioned below shall make refund to the Corporation without delay, such amount as provided for in respective items:
(1) In case the disaster rehabilitation works, the object of subsidy, has been completed, and if the amount of work expenses required by the said works in less than the estimated amount of work expenses which was the basis of determination of the amount of the said subsidy, the amount obtained from the amount in deficit multiplied by ratio of the amount of the subsidy to the estimated amount;
(2) In case the amount of subsidy was altered in accordance with the provision of Article 6 paragraph 3, and if the amount of subsidy already granted exceeds the altered amount of subsidy due to the said alteration, the said amount in excess.
2 In case the person who has granted the subsidy under the provisions of Article 3 paragraph 1, is recognized as one who has not used the said subsidy in conformity with the contents of work program to which the subsidy was granted or with the conditions laid down by the Corporation relating to the granting of the subsidy, the Corporation may order him the refund of the amount corresponding to the amount of the part of subsidy recognized as that which has not been used.
3 In case the Corporation intends to order refund of the subsidies in accordance with the provision of the preceding paragraph, it shall notify the person to that effect in advance, request the attendance of himself or his representative and cause employees appointed by the Corporation to hold a hearing in order to give to said person an opportunity for explanation.
4 The person who has been ordered to refund the subsidy under the provision of paragraph 2 shall refund without delay the designated amount to the Corporation.
(Exclusion from Application)
Article 9. This Law shall not apply to the following disaster rehabilitation works:
(1) Those which are of small economic effect;
(2) Those which are regarded as the work for maintenance;
(3) Those which are concerned with disasters and are deemed clearly to have been caused by insufficient planning or careless execution of works;
(4) Those which are concerned with disasters and are deemed to have been caused by a gross negligence of duty to maintain and manage:
(Provisions for Enforcement)
Article 10. Necessary procedures and other matters for the enforcement of this Law shall be prescribed by Ministry of Finance Ordinance.