Law concerning Temporary Measures for Adjustment of Demand and Supply of Internationally Scarce Materials, Etc.
法令番号: 法律第23号
公布年月日: 昭和27年3月31日
法令の形式: 法律
I hereby promulgate the Law concerning Temporary Measures for Adjustment of Demand and Supply of Internationally Scarce Materials, Etc.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the third month of the twenty-seventh year of Showa (March 31, 1952)
Prime Minister YOSHIDA Shigeru
Law No.23
Law concerning Temporary Measures for Adjustment of Demand and Supply of Internationally Scarce Materials, Etc.
(Purpose)
Article 1. The purpose of this Law is to accelerate the sound development of national economy and contribute to the smooth operation of international economy through the demand and supply adjustment of internationally scarce materials, etc.
(Adjustment of Demand and Supply)
Article 2. When it is specially necessary for the demand and supply adjustment of materials stated below, the competent Minister may, in accordance with the policies and plans determined by the President of the Economic Stabilization Board, issue necessary orders concerning the allocation or distribution of such materials or order the restriction or prohibition of use, transfer or receipt, or delivery thereof;provided that necessary orders concerning allocation or distribution may be issued only on materials listed in Attached List:
(1) Materials on which demand and supply adjustment measures such as allocation, restriction or prohibition of use and others are taken under a treaty, agreement or other international arrangement because of internationally short supply;
(2) Materials the import of which is specially necessary for the operation of the national economy and the export of which is restricted by exporting countries because of internationally short supply;
(3) Materials which are in specially short supply within the country and the failure to adjust the demand and supply of which will seriously interfere with the normal operation of the national economy and will be detrimental to the public interest.
2 When it is specially necessary for demand and supply adjustment of materials mentioned in each item of the preceding paragraph and it is recognized that the normal operation of national economy may be hampered and the public interest may be injured even with the order or disposition provided for in the preceding paragraph, the competent Minister may, with the consent of the President of the Economic Stabilization Board, order the owner of such materials to transfer the same materials, specifying the time and price of transfer, transferee and other necessary matters.
3 The price specified by the competent Minister in accordance with the provision of the preceding paragraph shall be a reasonable one based on the current price.
4 The Government shall, as may be provided for by Cabinet Order, compensate for loss caused by orders issued under the provision of paragraph 2.
5 The treatment of mortgage and other necessary matters in connection with the issuance of an order under the provision of paragraph 2 shall be provided for by Cabinet Order.
6 A person who is not satisfied with a disposition made under the provision of paragraph 1, under an order of the competent Minister under the provision of the same paragraph or under the provision of paragraph 2 may raise an objection to the President of the Economic Stabilization Board.
7 The President of the Economic Stabilization Board shall, when an objection has been raised under the preceding paragraph, make a decision in writing, after holding a public hearing with a previous notice of reasonable period, to the person who has raised an objection and send a copy thereof to him.
8 Necessary matters concerning the procedure of raising objection, previous notice, hearing and decision shall be provided for by Cabinet Order.
(Materials Demand and Supply Adjustment Council)
Article 3. The Materials Demand and Supply Adjustment Council (hereinafter referred to as "the Council" ) shall be established within the Economic Stabilization Board.
Article 4. The Council shall, upon the request of the President of the Economic Stabilization Board, make deliberation on the policies and plans to be determined by him concerning demand and supply adjustment of materials listed in each item of Article 2 paragraph 1 and report the results thereof to him.
2 The Council may, when it is specially necessary, make a proposal to the President of the Economic Stabilization Board concerning the matters provided for in the preceding paragraph.
Article 5. The Council shall consist of one Chairman and fifteen or less members.
2 The Chairman shall be the Director-General of the Economic Stabilization Board.
3 The members shall be appointed by the President of the Economic Stabilization Board from among persons of learning and experience.
4 The members shall serve part-time.
5 Other than those provided for in the preceding paragraphs, necessary matters concerning the organ taking charge of the affairs of the Council and the proceedings and operation of the Council shall be provided for by Cabinet Order.
(Report and Inspection)
Article 6. The competent Minister may, in connection with the application of the provisions of Article 2. receive a report from the persons concerned on the following matters. In this case, the competent Minister may, when he considers that the persons concerned failed to report or made false report, cause the concerned officials to enter the offices, business shops, factories, plants or warehouses for inspection of business conditions or books, documents and other necessary articles:
(1) Allocation or distribution of materials;
(2) Production, use, transfer or receipt, or delivery of materials;
(3) Inventory of materials or condition of production facilities.
2 The officials concerned making entrance for inspection in accordance with the provision of the preceding paragraph shall carry with him the identification card showing their status and show the same to the persons concerned upon request.
3 The power of inspection under the provision of paragraph 1 shall not be regarded as given for criminal investigation.
(Delegation of Power)
Article 7. The power belonging to the competent Minister in accordance with the provisions of this Law or orders issued under this Law may be delegated to the governor of To, Do, Fu or prefecture as may be provided for by Cabinet Order.
(Penal Provisions)
Article 8. Any person, who violates the order under the provision of Article 2 paragraph 1 or 2, shall be liable to penal servitude not exceeding ten years or a fine not exceeding one million yen.
2 Any person who has committed the crime under the preceding paragraph, shall be punished with both penal servitude and fine, if the case demand it.
Article 9. Any person, who has failed to report or made false report under the provision of Article 6 paragraph 1 or who has refused, obstructed or evaded the inspection under the same paragraph, shall be liable to penal servitude not exceeding one year or a fine not exceeding one hundred thousand yen.
Article 10. In case any representatiye of juridical persons, or any proxy, employee or any other worker of a juridical person or an individual commits, in regard to the business of the said juridical person or individual, any offence under Article 8 paragraph 1 or the preceding Article, not only the actual offender shall be punished, but also the juridical person or individual concerned shall be punished with a fine under the relevant Article;however, this shall not apply to a juridical person or an individual, if it is proved that, with respect to the business concerned, proper care and supervision have been exercised for preventing the said effence committed by the proxy, employee or any other worker of the juridical person or the individual.
Supplementary Provisions:
1 This Law shall come into force as from April 1, 1952.
2 This Law, shall expire on April 1, 1953;however, it shall remain effective even after the said date in regard to the application of the penal provisions to the action committed before the said date.
3 In regard to the following Ordinances issued under the Temporary Demand and Supply Adjustment Law (Law No.32 of 1946), the same Law shall remain effective until June 30, 1952, notwithstanding the provision of paragraph 2 of the Supplementary Provisions of the same Law:
Petroleum Products Distribution Regulations (Prime Minister's Office, Ministry of Finance, Attorney-General's Office, Ministries of Education, Welfare, Agriculture and Forestry, Commerce and Industry, Transportation, Communications, Labor and Construction Ordinance No.1 of 1949)Prime Minister's Office Ordinance concerning the Delegation of a Part of Authorities in the Allocation of Designated Production Materials and Petroleum Products (Prime Minister's Office Ordinance No.16 of 1949)
Sugar Demand and Supply Adjustment Regulations (Ministry of Agriculture and Forestry Ordinance No.42 of 1949)
Regulations for Petroleum Products Allocation for Agriculture, Forestry and Fisheries (Ministry of Agriculture and Forestry Ordinance No.114 of 1949)
Ministerial Ordinance concerning the Partial Delegation of Power of Minister of International Trade and Industry to the Governors of To, Do, Fu and Prefectures (Ministry of International Trade and Industry Ordinance No.56 of 1949)
Regulations for the Allocation of Petroleum Products for Motor Vehicles (Ministry of Transportation Ordinance No.106 of 1951)
Ministerial Ordinance for Entrusting the Governors of To, Do, Fu and Prefectures with a Part of the Competency of the Minister of Transportation (Ministry of Transportation Ordinance No.68 of 1949)
Regulation for the Allocation of Petroleum Products for Shipping Use (Ministry of Transportation Ordinance No.71 of 1949)
Regulation Relative to Allocation for Petroleum Products of Construction (Ministry of Construction Ordinance No.29 of 1949)
Regulations for Restriction of Use of Camphor Tree (Ministry of Agriculture and Forestry Ordinance No.82 of 1950)
Regulations for Rationing Petroleum Products for Specific Consumers (Ministry of International Trade and Industry Ordinance No.60 of 1950)
Regulations for Obtaining Transfer of Foreign Motor Vehicle (Ministries of International Trade and Industry and Transportation Ordinance No.1 of 1951)
4 With regard to the application of penal provisions to the action committed while the Temporary Demand and Supply Adjustment Law remains effective in accordance with the provision of the preceding paragraph, the same Law shall remain effective even after the date provided for in the same paragraph.
5 The Economic Stabilization Board Establishment Law (Law No.164 of 1949) shall be partially amended as follows:
In Article 5 item (15), "orders based on Article 1 paragraph 1 of the Temporary Demand and Supply Adjustment Law (Law No.32 of 1946)" shall be amended as "Article 2 paragraph 6 of the Law concerning Temporary Measures for Adjustment of Demand and Supply of Internationally Scarce Materials, Etc.(Law No.23 of 1952)" .
In the table of Article 15 paragraph 1, the paragraph of Materials Demand and Supply Adjustment Council shall be amended as follows:
Materials Demand and Supply Adjustment Council
To make necessary report and proposal to the President in accordance with the provisions of the Law concerning Temporary Measures for Adjustment of Demand and Supply of Internationally Scarce Materials, Etc.(Law No.23 of 1952).
6 The Economic Investigation Agency Law (Law No.206 of 1948) shall be partially amended as follows:
Next to item 8 of Attached Table shall be added the following one item:
9. Law concerning Temporary Measures for Adjustment of Demand and Supply of Internationally Scrace Materials, Etc.
7 The Food Management Law (Law No.40 of 1942) shall be partially amended as follows:
In Article 8-(2) paragraph 1, ", in accordance with the policies and plans determined by the President of the Economic Stabilization Board," shall be added next to "The Minister of Agriculture and Forestry shall" .
8 The Law concerning Exemptions, etc. of Law No.54 of 1947, Law relating to Prohibition of Private Monopolization and the Methods of Preserving Fair Trade (Law No.138 of 1947) shall be partially amended as follows:
Article 1 item 7 shall be amended as follows:
7. Deleted.
9 The Law concerning Control of Export Commodities (Law No.153 of 1948) shall be partially amended as follows:
Article 15 shall be amended as follows:
Article 15. Deleted.
10 The Trade Association Law (Law No.191 of 1948) shall be partially amended as follows:
Article 6 paragraph 1 items 6 and 7 shall be amended as follows:
6 and 7. Deleted:
Attached List
1. Nickel and nickel containing materials (including waste and scrap).
2. Cobalt and cobalt containing materials (including waste and scrap).
3. Tungsten and tungsten containing materials (including waste and scrap).
4. Molybdenum and molybdenum containing materials (including waste and scrap).
5. Platinum and platinum containing materials (including waste and scrap).
Prime Minister YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Minister of Welfare YOSHITAKE Eichi
Minister of Agriculture and Forestry HIROKAWA Kozen
Minister of International Trade and Industry TAKAHASHI Ryutaro
Minister of Transportation MURAKAMI Giichi
Minister of Construction NODA Uichi
President of Economic Stabilization Board YOSHIDA Shigeru