I hereby promulgate the Law for Partial Amendment to the Railway Construction Law.
Signed:HIROHITO, Seal of the Emperor
This thirtieth day of the fifth month of the twenty-sixth year of Showa (May 30, 1951)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendment to the Railway Construction Law
The Railway Construction Law (Law No.37 of 1922) shall be partially amended as follows:
The following nine Articles shall be added next to Article 2:
Article 3. The Railway Construction Council (hereinafter referred to as "the Council" ) shall be established within the jurisdiction of the Ministry of Transportation in order to have necessary matters pertaining to the construction of new railway lines of the Japanese National Railways (hereinafter referred to as "the constructions of new lines" ) deliberated.
Article 4. The Minister of Transportation, in case of taking steps necessary for giving approval on the plan for construction of new lines, shall refer it to the Council's deliberation.
In the case where the Minister of Transportation issues necessary order to the Japanese National Railways concerning construction of new line, having deemed such issuance of order especially necessary for promotion of public welfare, the Minister shall refer the matter to the Council's deliberation.
The Council may submit recommendations concerning the construction of the new line to the Prime Minister and the State Ministers concerned.
Article 5. The Council shall fairly and rationally deliberate and make decision aiming at contributing to the economic development and cultural advancement of this country.
Article 6. The Council shall be composed of twenty-seven members.
The members shall be appointed by the Cabinet from among those mentioned below. However, as to those mentioned in items (6) and (7), the consents of both Houses shall be required to be obtained:
(1) Six members of the House of Representatives designated by the same House; |
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(2) Four members of the House of Councillors designated by the same House; |
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(3) Parliamentary Vice-Minister of Ministry of Transportation, Vice-Ministers of Ministries of Transportation, Finance, Agriculture and Forestry, International Trade and Industry, Construction, and Vice-Director of the Economic Stabilization Board; |
(4) The Chairman of the Transportation Council; |
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(5) The President of the Japanese National Railways; |
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(6) Six persons having excellent knowledge and experience in the business of transportation, mining, commerce, agriculture, forestry, fishery, banking, etc.; |
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(7) Two persons having knowledge and experience in construction of railway. |
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The Council shall have a Chairman, who shall be elected by mutual vote of the members.
The Chairman shall preside over the affairs of the Council.
The Council shall previously designate a person from among the members to act for the chairman in case the chairman is prevented from performing his duties.
The members of the Council shall be in parttime service.
Article 7. The term of office of the members appointed from among the persons enumerated in paragraph 2 items (1), (2), (6) and (7) of the preceding Article (hereinafter referred to as "Appointed Members" ) shall be two years. However, a member who has filled the vacancy of another member shall remain in office during the remaining term of office of his predecessor.
The member may be re-appointed.
The appointed member shall remain in office, regardless of the provision of paragraph 1, until the Cabinet appoints an appointed member upon obtaining the consent of both Houses at the first session of the Diet to be convened, in case his term of office expires at or during the time of dissolution of the House of Representatives or adjournment of the Diet.
Article 8. The Cabinet may, upon obtaining the consent of both Houses, remove the member appointed from among the persons enumerated in Article 6 paragraph 2 items (6) and (7), when deemed to fall under any of the following items:
(1) The member who is unable to perform his duties owing to mental or physical trouble;
(2) The member who behaves in contradiction of obligation of duty or is not proper as member.
Article 9. The Council shall not open proceedings and pass resolutions unless the Chairman or the person to act the duties of the Chairman as prescribed in Article 6 paragraphs 5 and 13 or more of the members are present.
The matters to be discussed by the Council shall be decided by a majority of these present at the meeting and, in case of a tie, the Chairman shall decide the issue.
Any member who has particular interest in a matter, shall not participate in making decision on that matters, in case the Council has made the decision to that effect.
Any employee of the administrative offices concerned and any officer of employee of the Japanese National Railways shall submit necessary data to the Council, or be present at the meeting of the Council to express the opinions or to make explanation, if required by the Council.
Article 10. Any member or ex-member of the Council shall not disclose to others or fraudulently use the secrets which he has acquired in connection with his duties.
Article 11. Necessary matters in connection with the Council other than those stipulated by this Law shall be provided for by Ministry of Transportation Ordinance.
Supplementary Provisions:
1 This Law shall come into force as from the day of its promulgation.
2 The Ministry of Transportation Establishment Law (Law No.157 of 1949) shall be partially amended as follows:
In Article 6 paragraph 1 item (9) "construction of any railway lines" shall be deleted.
In Article 38, paragraph 1, the following column shall be added next to the column for the "Seamen Education Council" :
Railway Construction Council. |
To conduct research and deliberation, in response to inquiries of the Minister of Transportation, upon matters relating to the construction of new railway lines to be carried out by the Japanese National Railways as provided for by the Railway Construction Law (Law No.37 of 1922). |