Pearl Culture Industry Law
法令番号: 法律第9号
公布年月日: 昭和27年3月25日
法令の形式: 法律
I hereby promulgate the Pearl Culture Industry Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-fifth day of the third month of the twenty-seventh year of Showa (March 25, 1952)
Prime Minister YOSHIDA Shigeru
Law No.9
Pearl Culture Industry Law
(Purpose of this Law)
Article 1. The purpose of this Law is to develop the culturing of pearl oysters and pearls and to improve the quality of pearls, with the object of contributing to the export of pearls and to the economic development of the nation.
(Definition)
Article 2. "Pearl culture industry" as mentioned in this Law shall mean an industry which cultures pearl oysters or pearls, processes pearls (not including the cases where goods are manufactured by adding metals) or manufactures nuclei of pearls;and "pearl culturist" shall mean a person who engages in such pearl culture industry.
(Publication of Goal Amount for Pearl Oyster Operation)
Article 3. The Minister of Agriculture and Forestry shall, upon hearing the opinion of the Pearl Culture Industry Council, determine every year the goal amount for pearl oyster operation in each of To, Do, Fu and prefectures, according to the sizes of nuclei, and shall make public announcement thereof.
(Submission of Plan)
Article 4. The Minister of Agriculture and Forestry may, in accordance with the provisions of Ministerial Ordinance, request any pearl culturist to submit every year a plan for the pearl culture industry in which he engages.
(Advice and Recommendation on Plan and Assistance for Raising Fund)
Article 5. In cases where a pearl culturist intends to determine the plan as prescribed in the preceding Article, he may ask for an advice thereon of the Minister of Agriculture and Forestry. In this case, the Minister of Agriculture and Forestry must give such advices as may be required.
2 In cases where the Minister of Agriculture and Forestry deems it necessary to do so for the purpose of attaining the goal amount determined in accordance with the provision of Article 3, he may recommend to a pearl culturist an alteration in the plan as submitted under the provision of the preceding Article.
3 In cases where the Minister of Agriculture and Forestry has given an advice as prescribed in paragraph 1 or a recommendation as prescribed in the preceding paragraph, he shall, when deemed necessary, assist the pearl culturist in raising funds needed for the industry in keeping with such advice or recommendation.
(Subsidy for Culturist of Pearl Oysters)
Article 6. The Minister of Agriculture and Forestry may, within the limits of the budgetary appropriations, grant a necessary subsidy to a fishermen's cooperative association or a federation of fishermen's cooperative associations which engages in any of the following businesses:
(1) Production of pearl oyster seeds or breeding of young or adult pearl oysters;
(2) Improvement of deposits of pearl oyster beds.
(Publication of Standard Price of Pearl Oysters)
Article 7. In cases where the Minister of Agriculture and Forestry deems it specially necessary to do so for purposes of development of pearl oyster culturing, he may determine the standard price of pearl oysters and make public announcement thereof.
(Inspection of Pearls)
Article 8. No pearl (including any pearl used for pearl articles) shall be exported, unless it has been subjected to inspection of the National Pearl Inspection Office in accordance with the provisions of Ministerial Ordinance, and the result of the inspection is indicated in a form as prescribed by Ministerial Ordinance. However, this shall not apply in cases where pearls are exported, upon obtaining the permission of the Minister of Agriculture and Forestry, as samples or for such other uses as may be designated by the Minister of Agriculture and Forestry.
2 In cases where a Ministerial Ordinance is made on the matter concerning the inspection and form mentioned in the preceding paragraph, the Minister of Agriculture and Forestry must approach the Minister of International Trade and Industry on such matter beforehand.
(Hearing)
Article 9. Any pearl culturist or any other interested person who is not satisfied with the decision of the inspection as prescribed in paragraph 1 of the preceding Article may file an application for holding a hearing with the Minister of Agriculture and Forestry within thirty days as from the day when such decision of the inspection was made.
2 In cases where the application mentioned in the preceding paragraph has been filed, the Minister of Agriculture and Forestry must hold a hearing and examine the reason for such dissatisfaction;and if he considers that the decision of the inspection as prescribed in paragraph 1 of the preceding Article is not proper, he must order the Pearl Inspection Office to make another inspection.
(Charge for Inspection)
Article 10. A person who intends to undergo the inspection as prescribed in Article 8 paragraph 1 must pay to the State a charge for inspection in the amount as may be determined by Ministerial Ordinance within the limits of thirty yen per momme of pearl.
(Demanding Report and Examination by Making Entry into Plants)
Article 11. The Minister of Agriculture and Forestry may demand a pearl culturist who has been assisted in raising funds as prescribed in Article 5 paragraph 3 or has been granted a subsidy under the provision of Article 6 to make reports on necessary matters in order to ascertain how such funds were appropriated or how such subsidy resulted or may cause his officials to enter the office, operating unit or other places of the pearl culturist and examine the pearls, books, documents or other objects relevant thereto.
2 An official who performs examination by making entry into plants in accordance with the provision of the preceding paragraph must carry with him a card identifying his status and show it to the persons concerned.
3 The authority of making entry and examination as prescribed in paragraph 1 must not be construed as having been recognized for a criminal search.
(Establishment and Powers of Pearl Culture Industry Council)
Article 12. In order to make research and deliberation on matters falling under the scope of its powers, in accordance with the provisions of this Law, and other important matters relating to pearl culture industry, there shall be established a Pearl Culture Industry Council (hereinafter referred to as "the Council" ) in the Ministry of Agriculture and Forestry.
(Organization, etc. of the Council)
Article 13. The Council shall be composed of seven members to be appointed by the Minister of Agriculture and Forestry.
2 The term of office of a member shall be two years. However, the term of office of a member appointed to fill a vacancy in the membership shall be the unexpired portion of that of his predecessor.
3 The Council shall have a chairman who shall be appointed by mutual vote of the members.
4 The chairman shall preside over the business of the Council.
5 The Council must designate fron among the members in advance a member who shall act for the chairman in case the latter is prevented from discharging his duties.
6 The member shall serve part-time.
7 Other than those provided for in the preceding paragraphs, necessary matters relating to the proceedings of a meeting and the management of the Council shall be determined by the Council.
(Penal Provisions)
Article 14. Any person who has acted in violation of the provision of Article 8 paragraph 1 shall be liable to a penal servitude for a period not exceeding three years or a fine not exceeding three hundred thousand yen.
Article 15. Any person, who has failed to make the report as prescribed in Article 11 paragraph 1, or has made a false report, or has refused, obstructed or evaded the examination as prescribed in the same paragraph, shall be liable to a penal servitude for a period not exceeding six months or a fine not exceeding fifty thousand yen.
Article 16. In cases where any representative of a juridical person, or any agent, employee or other worker of a juridical person or individual has, in connection with the business affairs of the juridical person or individual, committed any violating act mentioned in the preceding two Articles, not only shall such violator be punished, but the juridical person or individual concerned shall be fined in accordance with the provisions of the respective Articles. However, this shall not apply to the juridical person or individual when the following fact was proved that neither the juridical person nor individual (his legal representative, in cases where the individual is a minor or a person adjudged incompetent who has not the same capacity in relation to business as a person of full age) failed to exercise due care in preventing the violating act concerned by the agent, employee or other worker of the juridical person or individual.
Supplementary Provisions:
(Date of Enforcement)
1 This Law shall come into force as from April 1, 1952. However, the date of enforcement of the provisions of Articles 8 to 10 inclusive, Article 14 and the part of Article 16 concerning the violating act of Article 14, shall be determined by Cabinet Order to fall in the period not later than June 30, 1952.
(Partial Amendments to the Fisheries Agency Establishment Law)
2 The Fisheries Agency Establishment Law (Law No.78 of 1948) shall be partially amended as follows:
In Article 7-(2),"
Fisheries Institute
" shall be amended as"
Fisheries Institute
Pearl Inspection Office
Pearl Research Laboratory
".
Article 7-(7) shall be made Article 7-(9).
In Article 7-(6) paragraph 1, there shall be added next to the paragraph of the Fishing Port Council the following paragraph:
Pearl Culture Industry Council To make research and deliberation on the matters falling under the scope of its powers under the provisions of the Pearl Culture Industry Law (Law No.9 of 1952)
Paragraph 2 of the same Article shall be amended as follows, and the same Article shall be made Article 7-(8): 2 With respect to the Marine Products Standards Council, the Fishing Boat Reinsurance Committee, and the Pearl Culture Industry Council, the provisions of the Designated Agricultural and Forest Commodities Inspection Law, the Fishing Boat Insurance Law, and the Pearl Culture Industry Law shall be applicable respectively.
Next to Article the following two Articles shall be added:
(Pearl Inspection Office)
Article 7-(6). The Pearl Inspection Office shall be an organ which conducts the inspection of pearls.
2 The names and locations of the Pearl Inspection Offices shall be as follows:
Name
Location
Tokyo Pearl Inspection Office Tokyo-To
Kobe Pearl Inspection Office Kobe City
3 The internal organization of the Pearl Inspection Office shall be determined by Ministry of Agriculture and Forestry Ordinance.
(Pearl Research Laboratory)
Article 7-(7). The Pearl Research Laboratory shall be an organ which carries on the following matters:
(1) Experiment, research and investigation relative to pearl oysters;
(2) Production and distribution of superior pearl oyster seeds;
(3) Dissemination of techniques to breed pearl oyster seeds and to culture pearl oysters;
(4) Experiment, research and investigation relative to density of pearls to be cultured and other matters relating to pearls;
(5) Dissemination of general informations on pearls.
2 The Pearl Research Laboratory shall be established in Mie Prefecture.
3 The Minister of Agriculture and Forestry may establish branch laboratories of the Pearl Research Laboratory at such places as may be considered necessary for the purpose of giving partial charge of its business.
4 The internal organization of the Pearl Research Laboratory, as well as the names, locations and internal organization of the branch laboratories shall be determined by Ministry of Agriculture and Forestry Ordinance.
Minister of Agriculture and Forestry HIROKAWA Kozen
Minister of International Trade and Industry TAKAHASHI Ryutaro
Prime Minister YOSHIDA Shigeru