The Special Coal Mine Damage Rehabilitation Temporary Measures Law (Law No.176 of 1950) shall be partially amended as follows:
In the Contents, "Special Mine Damage Rehabilitation Public Corporation" shall be amended as "Expenses of Rehabilitation Works" , and "(Articles 37-42)" as "(Articles 37-39)" .
In Article 2 paragraph 1, "the Law for Temporary Measures for Coal Mining Right, etc.(Law No.154 of 1948)" shall be amended as "the former Law for Temporary Measures for Coal Mining Right, etc.(Law No.154 of 1948) which is still valid under the provision of paragraph 3 of the Supplementary Provisions of the same Law" .
In Article 5 paragraph 2, next to "public works account" , "or administration account" shall be added;the proviso to paragraph 3 of the same Article shall be deleted;in paragraph 4 of the same Article, "the same paragraph" shall be amended as "Article 11 paragraph 1" ;and paragraph 6 of the same Article shall be deleted.
In Article 6 paragraph 1, "the Special Mine Damage Rehabilitation Public Corporation" shall be amended as "the Special Mine Damage Rehabilitation Special Account (hereinafter referred to as" the Special Account"), and paragraph 5 of the same Article shall be amended as follows:
5 The competent Minister shall, when he intends to grant authorization under paragraph 1 or 2, or to change the authorized matters in accordance with the provision of the preceding paragraph, consult with the Minister of International Trade and Industry.
Article 11 shall be amended as follows:
(Rehabilitation Works Executed by the Designated Person at His Charge)
Article 11. A person who has received the approval under Article 25 paragraph 1 shall execute the rehabilitation work of the special mine damage with which he is concerned (excluding case where the executor is determined in accordance with the provision of Article 5 paragraph 2) at his charge (in case there is a person who bears the expenses wholly or partially in accordance with the provisions of the proviso to Article 23 paragraph 1, these expenses shall be charged to that person).
2 The person who shall execute the rehabilitation work in accordance with the provision of the preceding paragraph shall apply to the Minister of International Trade and Industry, within the period fixed by the said Minister, for approval of the plan of the work and the time of completion of the work.
3 The provisions of Article 6 paragraphs 2 to 4 inclusive and Articles 7 to 10 inclusive shall apply mutatis mutandis to the cases under the preceding two paragraphs.
In Article 12, "the Law for Temporary Measures for Coal Mining Right, etc." shall be amended as "the former Law for Temporary Measures for Coal Mining Right, etc. which is still valid under the provision of paragraph 3 of the Supplementary Provisions of the same Law."
"Chapter III Special Mine Damage Rehabilitation Public Corporation" shall be amended as "Chapter III Expenses of Rehabilitation Work" .
Articles 13 to 22 inclusive shall be amended as follows:
Articles 13 to 22 inclusive. Deleted.
Article 23 shall be amended as follows:
(Charge of Rehabilitation Expenses)
Article 23. The expenses necessary for the rehabilitation work shall be charged to the Special Account, with the exception of those which are defrayed from the public works account or the administration account of the State, which are charged to the local public body, and which are charged, in accordance with the provision of Article 11 paragraph 1 to the person who has obtained the approval under Article 25 paragraph 1. 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 be charged with the expenses in whole or in part other than the State, local public bodies or the persons who have been designated as the persons who are or have been owners of mining rights provided for in Article 3 paragraphs 2 to 4 inclusive, this shall not apply in regard to the expenses charged to the said party.
2 In the case under the preceding paragraph, if there is a person who gains substantial benefit as the result of the execution of the rehabilitation work, the Minister of International Trade and Industry may, after consulting with the competent Minister, fix the amount of the expenses required for the work which is to be charged to such person to the extent of the benefit he gains and cause him to pay it into the National Treasury.
3 The charge of the Special Account provided for in the principal sentence of paragraph 1 shall be limited to the amount payable out of the financial resources comprising charges to the beneficiary under the provision of the preceding paragraph, payments under the provision of Article 24 paragraph 1, contributions under the provision of Article 26 and repayments under the provision of Article 28 paragraph 1.
The heading of Article 24 shall be amended as "(Payment)" ;in paragraph 1 of the same Article, "expense required by the Rehabilitation Public Corporation to carry out its business" shall be amended as "expenses to be charged to the Special Account in accordance with the provision of paragraph 1 of the preceding Article" , and "shall pay a fixed amount" as "shall pay into the National Treasury a fixed amount" .
The heading of Article 25 shall be amended as "(Exceptions to payment)" ;paragraph 1 of the same Article shall be amended as below;in paragraph 2 of the same Article, "respectively" shall be amended as "respectively, and the amount of expenses to be defrayed from the public works account of the State and of expenses to be charged to the local public body shall be the amount obtained by multiplying the amount of expenses required for the rehabilitation work by the ratio fixed in the Annexed Table according to the kind of the rehabilitation work" ;paragraphs 4 and 5 of the same Article shall be deleted;in paragraph 6 of the same Article, "paragraph 4" shall be amended as "Article 11 paragraph 3" , and "the provision of the preceding paragraph shall be regarded as not to have been applied" as "the approval under paragraph 1 shall be regarded as having not been given" and the same paragraph shall be made paragraph 4;in paragraph 7 of the same Article, "paragraph 4" shall be amended as "Article 11 paragraph 3," and the same paragraph shall be made paragraph 5: Article 25.
When the person liable to payment provided for in paragraph 1 of the preceding Article has, in cases where the total of the money he is to pay in accordance with the provision of paragraph 2 of the same Article exceeds the total of the expenses required for the rehabilitation work of the special mine damage with which he is concerned, obtained the approval of the Minister of International Trade and Industry, the fixed amount under paragraph 1 of the preceding Article, shall be the amount equivalent to the total of the expenses required for the rehabilitation work of the special mine damage with which he is concerned minus the expenses to be defrayed from the public works account of the State, the expenses to be charged to the local public body, the expenses of the rehabilitation work he is to execute in accordance with the provision of Article 11 paragraph 1, and the expenses to be charged to the party provided for in the proviso of Article 23 paragraph 1.
The heading of Article 26 shall be amended as "(Contribution)" ;and in the same Article, "The Rehabilitation Public Corporation may receive" shall be amended as "The State may receive" , and "Rehabilitation Corporation should" as "the Special Account should" .
Article 27 shall be amended as follows:
(Delivery of Rehabilitation Expenses from the Special Account)
Article 27. The Minister of International Trade and Industry shall, when requested by the executor of the rehabilitation work who has obtained the approval under Article 6 paragraph 1 for delivery of those of the expenses for the said rehabilitation work which are required for the work to be executed within a period fixed by the Minister of International Trade and Industry and which are charged to the Special Account in accordance with the provision of Article 23 paragraph 1, deliver him such expenses.
The heading of Article 28 shall be amended as "(Repayment)" ;in the same Article, "from the Rehabilitation Public Corporation" shall be deleted; "received by" shall be amended as "delivered to" , "to the said Corporation" as "to the National Treasury" ;and to the same Article, the following one paragraph shall be added:
2 In the case under the preceding paragraph, the competent Minister shall notify without delay the amount recognized in accordance with the provision of the same paragraph to the Minister of International Trade and Industry.
Articles 29 to 32 inclusive shall be amended as follows:
(Compulsory Collection)
Article 29. When persons who gain benefit provided for in Article 23 paragraph 2 fail to pay the amount fixed by the Minister of International Trade and Industry in accordance with the provision of the same paragraph (hereinafter referred to as "charges to beneficiaries)" , or when persons liable to payment provided for in Article 24 paragraph 1 fail to pay the fixed amount under the same paragraph (hereinafter referred to as "payments" ), or when the executors of the rehabilitation works provided for in the preceding Article fail to repay the amount to be repaid in accordance with the provisions of the same paragraph (hereinafter referred to as "repayments" ), the Minister of International Trade and Industry shall so remind them by specifying a time limit.
2 The Minister of International Trade and Industry shall despatch a written reminder to the persons liable to payment as provided for in the preceding paragraph when he reminds then in accordance with the provisions of the same paragraph. In this case, 10 yen shall be collected as reminder fee.
3 When the persons who have received reminder as provided for in the preceding two paragraphs fail to make payment in the amount reminded by the specified time limit, the Minister of International Trade and Industry shall take action against them in conformity with the instances of action against delinquency of national taxes.
(Arrearage Charge)
Article 30. When reminder has been given in accordance with the provisions of the preceding Article, the Minister of International Trade and Industry shall collect an arrearage charge computed at the rate of 8 sen per day per 100 yen of charges to beneficiaries, payments, or repayments, in terms of the number of days from the day following the time limit of payment to the day preceding the day of payment. However, this shall not apply in cases provided for by order.
(Priority of Lien)
Article 31. The priority of lien of charges to beneficiaries, payments, repayments and other collections under the provisions of this Law shall be next to the national taxes and local taxes but precede the other public charges.
(Application Mutatis Mutandis of the National Tax Collection Law)
Article 32. The provisions of Article 4-(7) and Article 4-(8) of the National Tax Collection Law (Law No.21 of 1897) shall be apply mutatis mutandis to the forwarding of documents relating to charges to beneficiaries, payments, repayments and other collections under the provisions of this Law.
Articles 33 and 34 shall be amended as follows:
Articles 33 and 34. Deleted.
In Article 35, "Article 11 paragraph 2" shall be amended as "Article 23 paragraph 2" ;paragraph 3 of the same Article shall be deleted;in paragraph 2 of the same Article, "the preceding paragraph" shall be amended as "paragraph 1" , and the same paragraph shall be made paragraph 3;and as paragraph 2 of the same Article, the following one paragraph shall be added:
2 The officials who make spot inspection in accordance with the provision of the preceding paragraph shall carry with them certificates showing their status and show them to persons concerned.
In Article 36, "the Directors of the Bureaus of Coal" shall be amended as "the Chiefs of International Trade and Industry Bureaus" .
Article 37 shall be amended as follows:
Article 37. Any person who comes under any of the following items shall be subject to imprisonment not exceeding one year or a fine not exceeding 30,000 yen:
(1) A person who has failed, in violation of the provision of Article 6 paragraph 1, to submit the application for approval within the period prescribed by the competent Minister under the same paragraph;
(2) A person who has, in violation of the provision of Article 8 paragraph 1, (including the cases where it applies mutatis mutandis in Article 11 paragraph 3), carried out the rehabilitation work without following the plan of work or who has failed to complete the rehabilitation work by the scheduled date of its completion;
(3) A person who has failed, in violation of the provision of Article 11 paragraph 1, to submit the application for approval within the period prescribed by the Minister of International Trade and Industry under the same paragraph.
Article 38 shall be deleted.
In Article 39 items (2) and (3), "Article 34 paragraph 1 or" shall be deleted, and the same Article shall be made Article 38.
In Article 40, "preceding three Articles" shall be amended as "preceding two Articles" ;in the same Article the following proviso shall be added and the same Article shall be made Article 39:
However this shall not apply to those juridical persons or individuals who have been proved to have exerted due attention and supervision in connection with their business in order to prevent such offences by their agents, employees and other workers.
Articles 41 and 42 shall be deleted.
In the proviso to paragraph 2 of the Supplementary Provisions, "and liquidation of the Rehabilitation Public Corporation," shall be amended as "the collection of charges to beneficiaries, payments, repayments or other collections under the provisions of this Law, and the delivery from the Special Account," .
As the Annexed Table, the following shall be added:
Annexed Table
Kind of Rehabilitation Work |
Ratio |
Expenses defrayed from Public-Works Account of the State |
Expenses Charged to the Local Public Bodies |
Public works |
two-thirds (2/3) |
one-tenth (1/10) |
Cultivated |
land|one half (1/2) |
one-tenth (1/10) |
Agricultural facilities |
two-thirds (2/3) |
one-tenth (1/10) |
Water works (with water charges) |
one-third (1/3) |
one-tenth (1/10) |
Water works (without water charges) |
one-fourth (1/4) |
|
Sewerage |
one-third (1/3) |
|