Law concerning Settlement of Claims of the State other than Tax Claims and Loan Claims
法令番号: 法律第197号
公布年月日: 昭和26年6月4日
法令の形式: 法律
I hereby promulgate the Law concerning Settlement of Claims of the State other than Tax Claims and Loan Claims.
Signed:HIROHITO, Seal of the Emperor
This fourth day of the sixth month of the twenty-sixth year of Showa (June 4, 1951)
Prime Minister YOSHIDA Shigeru
Law No.197
Law concerning Settlement of Claims of the State other than Tax Claims and Loan Claims
(Purpose)
Article 1. The purpose of this Law is to make proper disposal of those claims of the State, other than tax claims and loan claims, the money relating to which is found extremely difficult to be paid to the State by the obligors under such claims on account of their lack of solvency.
(Settlement by way of Time Loan or Deferred Loan)
Article 2. The heads of the respective Ministries and Agencies (meaning the heads of the respective Ministries and Agencies prescribed in Article 20 paragraph 2 of the Finance Law (Law No.34 of 1947);hereinafter the same) or the officials under delegation by them (hereinafter referred to as "the heads, etc. of the respective Ministries and Agencies" ) may, if there is a claim of the State, other than a tax claim and loan claim, the money relating to which is found extremely difficult to be paid to the State by the obligor under such claim on account of their lack of solvency, convert it into a loan repayable by periodic installments (hereinafter referred to as "the time loan" ) or a loan repayable upon the rehabilitation of his solvency (hereinafter referred to as "the deferred loan" ).
(Transfer)
Article 3. The heads, etc. of the respective Ministries and Agencies shall, if they have converted a claim of the State into the time-loan or deferred loan in accordance with the provision of the preceding Article, transfer such claim to the Minister of Finance as provided for Cabinet Order.
2 In the case under the preceding paragraph, to heads, etc. of the respective Ministries and Agencies, etc. shall be authorized not to transfer such claim to the Minister of Finance regardless of the provision of the preceding paragraph, if it belongs to a Special Account.
(Administration)
Article 4. The Minister of Finance shall, if he has taken over the time-loan or deferred loan from the heads, etc. of the respective Ministries and Agencies in accordance with the provision of paragraph 1 of the preceding Article, administer it as provided for by Cabinet Order.
2 The time-loan or deferred loan belonging to a Special Account which is not transferred in accordance with the provision of paragraph 2 of the preceding Article shall be administered by the heads of the respective Ministries and Agencies administering the Special Account concerned.
(Entrusting of Affairs of Administration)
Article 5. Those who administer the time-loan or deferred loan in accordance with the provisions of the preceding Article (hereinafter referred to as "the administrators" ) may entrust a part of the affairs concerning the administration of the claims concerned with the other officials.
(Change of Terms)
Article 6. The administrators may, if, in regard to the time-loan or deferred loan under their administration, it is found necessary for securing the claim concerned or for facilitating the payment to the State of the money relating to the claim concerned in cases where the obligor's solvency has been rehabilitated or where the state of his solovency has deteriorated, change the terms of such loan.
(Release from Obligation)
Article 7. The administrators may, if the timeloan or deferred loan under their administration falls under any of the cases mentioned in the following items and if it is found that there is no prospect for the rehabilitation of the obligor's solvency, release the obligor from the obligations relevant to such claim:
(1) Where ten years have passed from the final due time of repayment, in the case of the time-loan;
(2) Where twenty years have passed from the date on which conversion into the deferred loan has been effected, in the case of the deferred loan.
Supplementary Provisions:
1 This Law shall come into force as from the day of its promulgation.
2 The Law concerning the Settlement of the Miscellaneous Receipt Money other than Taxes (Law No.58 of 1911) shall be abolished.
3 The claims which has actually been converted into the time-loan or deferred loan in accordance with the provisions of the old Law concerning the Settlement of the Miscellaneous Recipt Money other than Taxes (hereinafter referred to as "the old Law" ) at the time of the coming into force of this Law shall be regarded as having been converted into the time-loan or deferred loan in accordance with the provision of Article 2 of this Law, and, as for the application of the provision of Article 7, they shall be regarded as having been converted into the time-loan or deferred loan in accordance with the provision of Article 2 of this Law on the day on which the claim concerned was converted into the time-loan or deferred loan under the provisions of the old Law.
4 The time-loan or deferred loan actually being administered by the governors of To, Do, Fu or prefecture in accordance with the provisions of the old law at the time of the coming into force of this Law shall be regarded as having been transferred to the Minister of Finance in accordance with the provision of Article 3 paragraph 1.
5 The Economic Stabilization Board Establishment Law (Law No.164 of 1949) shall be partially amended as follows:
In paragraph 2 of the Supplementary Provisions,
"Law for Preventing the Delay in the Payment concerning Government Contracts, Etc.(Law No.256 of 1949)
"shall be amended as"
Law for Preventing the Delay in the Payment concerning Government Contracts, Etc.(Law No.256 of 1949),
Law concerning Settlement of Claims of the State other than Tax Claims Loan Claims (Law No.197 of 1951)
".
Prime Minister YOSHIDA Shigeru
Attorney-General OHASHI Takeo
Minister for Foreign Affairs YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Minister of Education AMANO Teiyu
Minister of Welfare, pro tempore Minister of State HORI Shigeru
Minister of Agriculture and Forestry HIROKAWA Kozen
Minister of International Trade and Industry YOKOO Shigemi
Minister of Transportation YAMAZAKI Takeshi
Minister of Postal Services TAMURA Bunkichi
Minister of Telecommunications TAMURA Bunkichi
Minister of Labor HORI Shigeru
Minister of Construction MASUDA Kaneshichi
President of Economic Stabilization Board YOSHIDA Shigeru