物価統制令(昭和二十一年勅令第百十八号)
Prices Control Ordinance(Imperial Ordinance No. 118 of 1946)
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物価統制令
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Prices Control Ordinance
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昭和二十一年三月三日勅令第百十八号
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Imperial Ordinance No. 118 of March 3, 1946
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Article 3(1)If there is a regulated amount as prescribed in Articles 4 and 7 with regard to a Price, etc., it is not permitted to make a contract for or pay or receive the Price, etc. which is higher than the regulated amount; provided, however, that this excludes a case relating to the regulated amount prescribed in Article 7, paragraph (1) and does not apply to a case when the payer or recipient of the Price, etc. obtains permission from the competent minister as provided for by Cabinet Order.
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(2) When the regulated amount in an area where performance is to be provided in exchange for a Price, etc. differs from the regulated amount for said Price, etc. in another area, unless the competent minister specifies otherwise for said performance, the regulated amount in the area where said performance is to be provided is to be the regulated amount in the case referred to in the preceding paragraph.
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Article 4(1)When prices rise or are likely to rise and the competent minister finds it difficult to ensure the stability of a Price, etc. by any other measures, except in the case prescribed in Article 7, the competent minister may designate a regulated amount for said Price, etc. as provided for by Cabinet Order.
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Article 7(1)When there is an amount specified by another law or regulation or an amount for which an administrative organ or a prefectural governor has made a decision, order, permission, approval, or any other disposition under another law or regulation with regard to a Price, etc., said amount is to be the regulated amount for said Price, etc.
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(2) When the amount prescribed in the preceding paragraph is only applicable to a Price, etc. to be paid for performance provided by a specific person, unless the competent minister specifies otherwise, the amount prescribed in said paragraph is to be the regulated amount also for a Price, etc. paid for the same type of performance provided by a person other than said specific person.
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一注文生産品ノ価格ニ付生産者ガ生産ニ著手シタルモノ
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(i)in relation to the price of an ordered product, a contract for which a producer has commenced production;
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二其ノ他ノ価格ニ付買主其ノ他ノ支払者ガ目的物ノ引渡ヲ受ケタルモノ
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(ii)in relation to any other price, a contract for which a buyer or any other payer has received delivery of the subject matter;
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三運送賃、加工賃、修繕料其ノ他ノ財産的給付(価格、保管料、保険料及賃貸料ヲ除ク以下同ジ)ニ対スル給付ヲ為ス者ガ目的物ノ引渡ヲ受ケタルモノ
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(iii)a contract for which a person who provides performance in exchange for a freight charge, processing fee, repair fee, or any other payment (excluding a price, storage fee, insurance premium, and rent; the same applies hereinafter) has received delivery of the subject matter;
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四運送賃、加工賃、修繕料其ノ他ノ財産的給付ニ対スル給付ヲ為ス者ガ当該財産的給付ニ対スル給付ニ著手シタルモノ
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(iv)a contract for which a person who provides performance in exchange for a freight charge, processing fee, repair fee, or any other payment has commenced provision of performance in exchange for said payment; or
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五保管料、保険料又ハ賃貸料ニ付支払者ガ履行遅滞ニ在ルモノ
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(v)in relation to a storage fee, insurance premium, or rent, a contract for which a payer is delaying performance.
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Article 8-2With regard to a contract which exists at the time of implementation of the permission referred to in the proviso to Article 3, paragraph (1), the designation referred to in Article 4, or any of the dispositions referred to in Article 7, paragraph (1) and which falls under any of the items of the preceding Article (hereinafter referred to as a "Contract in Progress"), if there was an amount specified by the competent minister in line with the permission referred to in the proviso to Article 3, paragraph (1) or the regulated amount prescribed in Article 4 or 7 at the time of conclusion of the Contract in Progress, it is not permitted to make a contract to change or extinguish the Contract in Progress for the purpose of paying or receiving a Price, etc. that is higher than such amount or to pay or receive a Price, etc. that is higher than such amount; provided, however, that this does not apply when the competent minister specifies otherwise or when permission of the competent minister is obtained.
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Article 22The amount to be paid pursuant to the provisions of Article 20 is to be included in the necessary expenses or the deductions in the year or business year in which the income equivalent to said extra amount arose, when calculating income pursuant to the Income Tax Act, income pursuant to the Corporation Tax Act, surplus pursuant to the Special Corporation Tax Act, profit pursuant to the Extraordinary Income Tax Act, and income in the case of imposing an enterprise tax pursuant to the Local Tax Act (Act No. 110 of 1948).
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Article 30(1)When the competent minister, the head of a local administrative organ, or a prefectural governor finds it necessary, he/she may collect reports, order preparation of books, or, as provided for by Cabinet Order, cause relevant officials to visit necessary places and inspect the status of business, books and documents, and any other articles, with regard to prices.
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○2前項ノ規定ニ依リ都道府県ガ処理スルコトトサレテイル事務ハ地方自治法(昭和二十二年法律第六十七号)第二条第九項第一号ニ規定スル第一号法定受託事務トス
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(2) The affairs to be processed by a prefectural government pursuant to the provisions of the preceding paragraph are to be the "item (i) statutory entrusted functions" prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).
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Article 33A person who falls under any of the following items is punished by imprisonment with required labor for not more than ten years or a fine of not more than five million yen; provided, however, that, with regard to a person who falls under item (i) or (iii), if the amount obtained by tripling the difference between the amount of the Price, etc. in violation and the amount of a Price, etc. compliant with the regulated amount, or by tripling an amount equivalent to such difference, exceeds five million yen, and, with regard to a person who falls under item (ii), if the amount obtained by tripling the difference between the amount of the Price, etc. in violation and the amount specified by the competent minister in line with the permission referred to in the proviso to Article 3, paragraph (1) or the regulated amount prescribed in Article 4 or 7 at the time of conclusion of the Contract in Progress, or by tripling an amount equivalent to such difference, exceeds five million yen, the fine is to be not more than the amount obtained by tripling said difference or said equivalent amount:
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一第三条ノ規定ニ違反シタル者
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(i)a person who violates the provisions of Article 3;
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二第八条ノ二ノ規定ニ違反シタル者
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(ii)a person who violates the provisions of Article 8-2; or
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三第九条ノ規定ニ違反シタル者
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(iii)a person who violates the provisions of Article 9.
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一第十五条又ハ第十六条ノ規定ニ依ル命令ニ違反シタル者
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(i)a person who violates an order issued under Article 15 or 16;
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二第十七条ノ規定ニ依ル制限又ハ禁止ニ違反シタル者
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(ii)a person who violates restriction or prohibition imposed under Article 17;
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三第三十条ノ規定ニ違反シ報告ヲ為サズ若ハ虚偽ノ報告ヲ為シ又ハ帳簿ノ作成ヲ為サズ若ハ帳簿ニ虚偽ノ記載ヲ為シタル者
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(iii)a person who, in violation of Article 30, fails to make a report or makes a false report, or fails to prepare books, or states false matters in books; or
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四第三十条ノ規定ニ依ル検査ヲ拒ミ、妨ゲ又ハ忌避シタル者
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(iv)a person who refuses, obstructs, or evades an inspection under Article 30.
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Article 37-2A person who, in violation of an order issued under Article 21, evades or attempts to evade payment of the extra amount in whole or in part is punished by imprisonment with required labor for not more than one year or a fine of not more than an amount obtained by tripling the extra amount evaded or attempted to be evaded.
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Article 38A relevant official, a person as set forth in Article 26, or a person who was formerly in either of these positions, who divulges or misappropriates a secret that such person came to know in relation to performance of duties under this Ordinance is punished by imprisonment with required labor for not more than two years or a fine of not more than 100,000 yen.
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Article 40When a representative of a corporation, or an agent, employee, or any other worker of a corporation or an individual commits an act of violation set forth in Articles 33 through 35, Article 37, items (i) through (iii), Article 37-2, or the preceding Article with regard to the business of said corporation or individual, not only the offender is to be punished but also said corporation or individual is to be punished by the fines prescribed in the respective Articles.
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附 則
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Supplementary Provisions
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Article 41This Ordinance comes into effect as of the date of promulgation; provided, however, that the provisions of Article 11, paragraph (2) and Articles 13 through 36, the provisions of Articles 34 through 35 relating to Article 13, and the provisions of Article 40 relating to an act in violation of the provisions of Article 13 and the violation set forth in Article 36 are to come into effect as of March 11, 1946, and the effective date of the provisions of Articles 24 through 29 and Article 39, the provisions of Article 38 relating to a member or any other official of the Price Stability Committee or a member of the Price Surveillance Committee, or a person who was formerly in either of these positions, and the provisions of Article 40 relating to the violation set forth in Article 39 is to be provided for separately.
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Article 43(1)Designation of the amount of a Price, etc. made by a relevant administrative authority pursuant to Article 7, paragraph (1) of the Former Ordinance is to be deemed to be designation of a regulated amount made by the corresponding administrative authority pursuant to Article 4 or 31 with regard to said Price, etc.
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(2) In designation that is deemed to be designation of a regulated amount pursuant to the provisions of the preceding paragraph, if the amount of the Price, etc. is designated as one that is only applied to performance provided by a specific person, said designation is deemed to be designation of a regulated amount, made by a corresponding administrative authority pursuant to the provisions of Article 4 or 31, for a Price, etc. paid for the same type of performance provided by a person other than said specific person in the area relating to said designation.
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(3) In the case where the competent minister has designated a regulated amount pursuant to the provisions of Article 4 by the time this Ordinance comes into effect, the regulated amount in the case referred to in the preceding two paragraphs for the Price, etc. relating to said designation is to be deemed to have been revised to a regulated amount designated by said designation.
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Article 44(1)Approval of the amount of a Price, etc. made by a relevant administrative authority pursuant to the provisions of Article 3, paragraph (1) or Article 4-4, paragraph (1) of the Former Ordinance is deemed to be designation of a regulated amount made by the corresponding administrative authority pursuant to the provisions of Article 4 or 31 for said Price, etc.
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(2) If a disposition has been made by a relevant administrative authority pursuant to the provisions of Article 3, paragraph (2) or Article 4-4, paragraph (3) of the Former Order with regard to a Price, etc. relating to the approval prescribed in the preceding paragraph, said disposition is to be deemed to be designation of a regulated amount made by the corresponding administrative authority pursuant to the provisions of Article 4 or 31 for the Price, etc. to be paid for performance provided by the person for whom said disposition was made.
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Article 45(1)Designation of the amount of a Price, etc. made by a relevant administrative authority pursuant to the provisions of the proviso to Article 2, paragraph (3) of the Former Ordinance (including the cases where applied mutatis mutandis pursuant to Article 4-3 of said Ordinance) is deemed to be designation of a regulated amount made by the corresponding administrative authority pursuant to the provisions of Article 4 or 31 for said Price, etc.
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Article 46In the case where a relevant administrative authority has designated the amount of a Price, etc. pursuant to the provisions of Article 7, paragraph (1) of the Former Ordinance, if the relevant administrative authority has made approval pursuant to the provisions of the proviso to said paragraph for said Price, etc., said approval is deemed to be approval made by the corresponding administrative authority for said Price, etc. pursuant to the provisions of the proviso to Article 3, paragraph (1) or Article 31.
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Article 47In the case where a relevant administrative authority has approved the amount of a Price, etc. pursuant to the provisions of Article 3, paragraph (1) or Article 4-4, paragraph (1) of the Former Ordinance, if the relevant administrative authority has made approval pursuant to the provisions of the proviso to Article 2, paragraph (1) or the proviso to Article 4-4, paragraph (1) of said Ordinance for said Price, etc., said approval is deemed to be approval made by the corresponding administrative authority for said Price, etc. pursuant to the provisions of the proviso to Article 3, paragraph (1) or Article 31.
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Article 48In the case where a relevant administrative authority has designated the amount of a Price, etc. pursuant to the provisions of the proviso to Article 2, paragraph (3) of the Former Ordinance (including the cases where applied mutatis mutandis pursuant to Article 4-3 of said Ordinance), if the relevant administrative authority has made approval pursuant to the provisions of the proviso to Article 2, paragraph (1) of said Ordinance (including the cases where applied mutatis mutandis pursuant to Article 4-3 of said Ordinance) for said Price, etc., said approval is deemed to be approval made by the corresponding administrative authority for said Price, etc. pursuant to the provisions of the proviso to Article 3, paragraph (1) or Article 31.
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Article 49(1)Except for the cases prescribed in the preceding two Articles, if approval has been made by a relevant administrative authority pursuant to the provisions of Article 2, paragraph (1) of the Former Ordinance for a Price, etc., the amount relating to said approval is deemed to be a regulated amount designated by the corresponding administrative authority pursuant to the provisions of Article 4 or 31 for said Price, etc.
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附 則〔昭和二十一年八月十二日勅令第三百八十二号〕〔抄〕
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Supplementary Provisions[Act No. 382 of August 12, 1946][Extract]
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○3 内閣総理大臣は、その定めるところにより、前項の規定による物価庁長官の職権の一部を、都道府県知事その他地方官衙の長に行はせることができる。
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(3) The Prime Minister may cause a governor or the head of any other local government to carry out a part of the affairs under the authority granted to the Price Agency by the provisions of the preceding paragraph, as specified by the Prime Minister.
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附 則〔昭和二十二年四月十六日勅令第百三十三号〕
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Supplementary Provisions[Act No. 133 of April 16, 1947]
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○2 この勅令施行前になした行為に対する罰則の適用については、この勅令施行後においても、なお、従前の例による。
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(2) With regard to application of penal provisions to acts committed prior to the enforcement of this Imperial Ordinance, the provisions then in force remain applicable.
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附 則〔昭和二十三年七月七日法律第百十号〕〔抄〕
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Supplementary Provisions[Act No. 110 of July 7, 1948][Extract]
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附 則〔昭和二十三年十月七日政令第三百十七号〕〔抄〕
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Supplementary Provisions[Act No. 317 of October 7, 1948][Extract]
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附 則〔昭和二十四年二月三日政令第三十六号〕
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Supplementary Provisions[Act No. 36 of February 3, 1949]
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(2)Any regulated amount as prescribed in Article 5 of the Prices Control Ordinance prior to the amendment which exists at the time of enforcement of this Cabinet Order continues to remain valid.
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(3)In the case where designation under Article 4 is made with regard to a Price, etc. for which a control price to which the provisions of the preceding paragraph apply exists, the amount relating to said designation is to be the regulated amount for said Price, etc.; provided, however, that this does not preclude providing for otherwise at the time of the designation.
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附 則〔昭和二十四年五月三十一日法律第百六十四号〕〔抄〕
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Supplementary Provisions[Act No. 164 of May 31, 1949][Extract]
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附 則〔昭和二十五年五月十日法律第百六十一号〕〔抄〕
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Supplementary Provisions[Act No. 161 of May 10, 1950][Extract]
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(1)The provisions of this Act amending Article 4, item (iv), Article 5, items (xvi), (xxiv), (xxv), and (xxx), Article 15, Article 34-3, paragraph (1), item (iii), and Article 34-7, and paragraphs (2) through (11) of the Supplementary Provisions of the Act for Establishment of the Economic Stabilization Board come into effect as of the date of promulgation, and any other provisions come into effect as of June 1,1950.In this case, until May 31, 1950, with regard to application of the provisions of Article 34-3, paragraph (1), item (iii) and Article 34-7, the term "District Economic Bureau" is deemed to be replaced with "District Economic Research Agency" and the term "Regional Economic Research Bureau" is deemed to be replaced with "Regional Economic Research Agency."
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(5)With regard to any gains resulting from a revision of the regulated amount of a Price, etc. made on or prior to November 30, 1949, the provisions of Article 19 and Articles 21 through 23 of the Prices Control Ordinance prior to the amendment remain in force, notwithstanding the provisions of the preceding paragraph.In this case, the term "Director-General of the Economic Stabilization Board" is deemed to be replaced with the "Minister of Finance."
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(6)With regard to the application of penal provisions of acts in violation of the provisions of Article 21 of the Prices Control Ordinance prior to the amendment which are to remain in force pursuant to the provisions of the preceding paragraph with regard to the gains prescribed in said paragraph, the provisions then in force remain applicable, notwithstanding the provisions of Article 37-2 of the amended Prices Control Ordinance.
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附 則〔昭和二十五年七月一日政令第二百十五号〕
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Supplementary Provisions[Act No. 215 of July 1, 1950]
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附 則〔昭和二十七年三月三十一日法律第四十号〕〔抄〕
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Supplementary Provisions[Act No. 40 of March 31, 1952][Extract]
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附 則〔昭和二十七年七月三十一日法律第二百八十四号〕〔抄〕
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Supplementary Provisions[Act No. 284 of July 31, 1952][Extract]
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附 則〔昭和三十四年四月二十日法律第百四十八号〕〔抄〕
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Supplementary Provisions[Act No. 148 of April 20, 1959][Extract]
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(施行期日)
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(Effective Date)
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1この法律は、国税徴収法(昭和三十四年法律第百四十七号)の施行の日から施行する。
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(1)This Act comes into effect as of the date of promulgation of the National Tax Collection Act (Act No. 147 of 1959).
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(公課の先取特権の順位の改正に関する経過措置)
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(Transitional Measures Concerning Revision of the Priority Order of Statutory Liens of Public Charges)
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7第二章の規定による改正後の各法令(徴収金の先取特権の順位に係る部分に限る。)の規定は、この法律の施行後に国税徴収法第二条第十二号に規定する強制換価手続による配当手続が開始される場合について適用し、この法律の施行前に当該配当手続が開始されている場合における当該法令の規定に規定する徴収金の先取特権の順位については、なお従前の例による。
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(7)The provisions of laws and regulations (limited to the parts relating to the priority order of a statutory lien of a surcharge) as amended by the provisions of Chapter II apply to the case where a distribution procedure through the compulsory selling-out procedure prescribed in Article 2, item (xxii) of the National Tax Collection Act is commenced after the enforcement of this Act, and with regard to the priority order of a statutory lien of a surcharge as prescribed in the provisions of said laws and regulations in the case where said distribution procedure is commenced prior to the enforcement of this Act, the provisions then in force remain applicable.
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附 則〔昭和三十七年四月二日法律第六十七号〕〔抄〕
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Supplementary Provisions[Act No. 67 of April 2, 1962][Extract]
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(施行期日)
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(Effective Date)
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第一条この法律は、昭和三十七年四月一日から施行する。
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Article 1This Act is to come into effect as of April 1, 1962.
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附 則〔昭和四十八年十二月二十二日法律第百二十一号〕〔抄〕
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Supplementary Provisions[Act No. 121 of December 22, 1973][Extract]
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(施行期日)
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(Effective Date)
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第一条この法律は、公布の日から施行する。
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Article 1This Act comes into effect as of the date of promulgation.
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(物価統制令の一部改正に伴う経過措置)
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(Transitional Measures in Line with Partial Amendment of the Prices Control Ordinance)
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第四条この法律施行の際改正前の物価統制令第四条の規定により統制額の指定されている価格等に係る統制額の指定については、当分の間、改正後の同条の規定にかかわらず、なお従前の例による。
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Article 4With regard to designation of a regulated amount for a Price, etc. for which a regulated amount has been designated, by the time of enforcement of this Act, pursuant to the provisions of Article 4 of the Prices Control Ordinance prior to the amendment, the provisions then in force remain applicable until otherwise provided for by law, notwithstanding the provisions of said Article after the amendment.
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附 則〔平成十一年七月十六日法律第八十七号〕〔抄〕
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Supplementary Provisions[Act No. 87 of July 16, 1999][Extract]
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(施行期日)
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(Effective Date)
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第一条この法律は、平成十二年四月一日から施行する。ただし、次の各号に掲げる規定は、当該各号に定める日から施行する。
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Article 1This Act comes into effect as of April 1, 2000; provided, however, that the provisions set forth in the following items come into effect as of the dates specified respectively in those items:
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一第一条中地方自治法第二百五十条の次に五条、節名並びに二款及び款名を加える改正規定(同法第二百五十条の九第一項に係る部分(両議院の同意を得ることに係る部分に限る。)に限る。)、第四十条中自然公園法附則第九項及び第十項の改正規定(同法附則第十項に係る部分に限る。)、第二百四十四条の規定(農業改良助長法第十四条の三の改正規定に係る部分を除く。)並びに第四百七十二条の規定(市町村の合併の特例に関する法律第六条、第八条及び第十七条の改正規定に係る部分を除く。)並びに附則第七条、第十条、第十二条、第五十九条ただし書、第六十条第四項及び第五項、第七十三条、第七十七条、第百五十七条第四項から第六項まで、第百六十条、第百六十三条、第百六十四条並びに第二百二条の規定公布の日
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(i)The provisions of Article 1 adding five Articles, a Section title, two Subsections, and Subsection titles after Article 250 of the Local Autonomy Act (limited to the part relating to Article 250-9, paragraph (1) of said Act (limited to the part relating to the gaining of consent of both Houses)), the provisions of Article 40 amending paragraphs (9) and (10) of the Supplementary Provisions of the Natural Parks Act (limited to the part relating to paragraph (10) of the Supplementary Provisions of said Act), the provisions of Article 244 (excluding the part relating to the provisions amending Article 14-3 of the Agricultural Improvement Promotion Act), and the provisions of Article 472 (excluding the part relating to the provisions amending Articles 6, 8, and 17 of the Act on Special Provisions Concerning Merger of Municipalities), and the provisions of Articles 7, 10, and 12, the proviso to Article 59, Article 60, paragraphs (4) and (5), Articles 73 and 77, Article 157, paragraphs (4) through (6), and Articles 160, 163, 164, and 202 of the Supplementary Provisions:the date of promulgation;
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(国等の事務)
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(Affairs of the National Government, etc.)
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第百五十九条この法律による改正前のそれぞれの法律に規定するもののほか、この法律の施行前において、地方公共団体の機関が法律又はこれに基づく政令により管理し又は執行する国、他の地方公共団体その他公共団体の事務(附則第百六十一条において「国等の事務」という。)は、この法律の施行後は、地方公共団体が法律又はこれに基づく政令により当該地方公共団体の事務として処理するものとする。
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Article 159In addition to what is provided for in the respective Acts prior to the amendment by this Act, affairs to be managed or performed by an organ of a local government on behalf of the national government, another local government, or other public entity pursuant to Acts or Cabinet Orders based thereon prior to the enforcement of this Act (hereinafter referred to as "Affairs of the National Government, etc." in Article 161 of the Supplementary Provisions) are, after the enforcement of this Act, to be processed by the local government as its own affairs pursuant to Acts or Cabinet Orders based thereon.
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(処分、申請等に関する経過措置)
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(Transitional Measures Concerning Dispositions, Applications, etc.)
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第百六十条この法律(附則第一条各号に掲げる規定については、当該各規定。以下この条及び附則第百六十三条において同じ。)の施行前に改正前のそれぞれの法律の規定によりされた許可等の処分その他の行為(以下この条において「処分等の行為」という。)又はこの法律の施行の際現に改正前のそれぞれの法律の規定によりされている許可等の申請その他の行為(以下この条において「申請等の行為」という。)で、この法律の施行の日においてこれらの行為に係る行政事務を行うべき者が異なることとなるものは、附則第二条から前条までの規定又は改正後のそれぞれの法律(これに基づく命令を含む。)の経過措置に関する規定に定めるものを除き、この法律の施行の日以後における改正後のそれぞれの法律の適用については、改正後のそれぞれの法律の相当規定によりされた処分等の行為又は申請等の行為とみなす。
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Article 160(1)With regard to dispositions to grant licenses, etc. and other acts conducted, prior to the enforcement of this Act (or the respective provisions set forth in the items of Article 1 of the Supplementary Provisions; hereinafter the same applies in this Article and Article 163 of the Supplementary Provisions), pursuant to the respective Acts prior to the amendment (hereinafter referred to as "Dispositions and Other Acts" in this Article) or applications for licenses, etc. and other acts conducted, prior to the enforcement of this Act, pursuant to the respective Acts prior to the amendment (hereinafter referred to as "Applications and Other Acts" in this Article), if administrative affairs pertaining to these acts come under the jurisdiction of different persons on the date of enforcement of this Act, these acts, except those prescribed in Article 2 of the Supplementary Provisions through the preceding Article or in the provisions of the respective amended Acts (including orders issued based thereon) concerning transitional measures, are deemed, with regard to the application of the respective amended Acts after the date of enforcement of this Act, as Dispositions and Other Acts or Applications and Other Acts conducted pursuant to the relevant provisions of the respective amended Acts.
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(2)With regard to matters for which reports, notification, submission or any other procedures are required to be made or taken with organs of the national government or local governments, prior to the enforcement of this Act, pursuant to the respective Acts prior to the amendment, if these procedures have not yet been taken by the date of enforcement of this Act, the provisions of the respective Acts amended by this Act apply to such procedures, except those otherwise provided by this Act or Cabinet Order based thereon, by deeming that reports, notification, submission or any other procedures have not yet been made or taken with regard to matters for which such procedures are to be taken with the corresponding organs of the national government or local governments pursuant to the corresponding provisions of the respective amended Acts.
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(不服申立てに関する経過措置)
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(Transitional Measures Concerning Appeals)
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Article 161(1)With regard to an appeal filed under the Administrative Appeal Act against a disposition pertaining to Affairs of the National Government, etc. prior to the enforcement date of this Act by an administrative authority (hereinafter referred to as an "administrative authority having made the disposition" in this Article) that has been subordinated to a higher administrative authority as prescribed by said Act (hereinafter referred to as a "higher administrative authority" in this Article) prior to the enforcement date of this Act, the provisions of the Administrative Appeal Act apply to said appeal, by deeming that the administrative authority having made the disposition remains subordinate to the higher administrative authority after the enforcement date of this Act.In this case, the administrative authority that is deemed to be the higher administrative authority of the administrative authority having made the disposition is to be the administrative authority which had been the higher administrative authority of the administrative authority having made the disposition prior to the enforcement date of the Act.
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2前項の場合において、上級行政庁とみなされる行政庁が地方公共団体の機関であるときは、当該機関が行政不服審査法の規定により処理することとされる事務は、新地方自治法第二条第九項第一号に規定する第一号法定受託事務とする。
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(2)In the case referred to in the preceding paragraph, if the administrative authority that is deemed to be a higher administrative authority is an organ of a local government, the affairs to be processed by said organ pursuant to the provisions of the Administrative Appeal Act are to be the item (i) statutory entrusted functions as prescribed in Article 2, paragraph (9), item (i) of the new Local Autonomy Act.
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(手数料に関する経過措置)
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(Transitional Measures Concerning Fees)
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第百六十二条施行日前においてこの法律による改正前のそれぞれの法律(これに基づく命令を含む。)の規定により納付すべきであった手数料については、この法律及びこれに基づく政令に別段の定めがあるもののほか、なお従前の例による。
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Article 162With regard to any fees which should have been paid, prior to the enforcement date of this Act, pursuant to the provisions of the respective Acts (including orders based thereon) prior to the amendment by this Act, the provisions then in force remain applicable, unless otherwise provided for by this Act or Cabinet Order based thereon.
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(罰則に関する経過措置)
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(Transitional Measures Concerning Penal Provisions)
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第百六十三条この法律の施行前にした行為に対する罰則の適用については、なお従前の例による。
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Article 163With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force remain applicable.
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(その他の経過措置の政令への委任)
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(Delegation of Other Transitional Measures to Cabinet Order)
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第百六十四条この附則に規定するもののほか、この法律の施行に伴い必要な経過措置(罰則に関する経過措置を含む。)は、政令で定める。
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Article 164(1)In addition to what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are prescribed by Cabinet Order.
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(検討)
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(Review)
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第二百五十条新地方自治法第二条第九項第一号に規定する第一号法定受託事務については、できる限り新たに設けることのないようにするとともに、新地方自治法別表第一に掲げるもの及び新地方自治法に基づく政令に示すものについては、地方分権を推進する観点から検討を加え、適宜、適切な見直しを行うものとする。
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Article 250Adding new functions to the "item (i) statutory entrusted functions" prescribed in Article 2, paragraph (9), item (i) of the new Local Autonomy Act is to be avoided as much as possible, and the functions set forth in appended table 1 of the new Local Autonomy Act and those provided by Cabinet Order based on the new Local Autonomy Act are to be reviewed from the perspective of promoting decentralization and to be revised as appropriate whenever necessary.
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Article 251In order to enable local governments to execute their affairs and services voluntarily and independently, the government is to review how to secure adequate sources of local tax revenue based on the sharing of roles between the national government and local governments, taking into account the economic trends, and take the necessary measures based on the review results.
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Article 252In line with reforms of the medical insurance system, the pension system, and other systems, the government is to review an ideal administrative processing system for social insurance and a desirable personnel system therefor from the viewpoint of ensuring convenience for the insured and increasing efficiency in administrative processing, and take measures as required based on the review results when it finds it necessary.
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附 則〔平成十一年十二月二十二日法律第百六十号〕〔抄〕
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Supplementary Provisions[Act No. 160 of December 22, 1999][Extract]
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(施行期日)
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(Effective Date)
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第一条この法律(第二条及び第三条を除く。)は、平成十三年一月六日から施行する。
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Article 1This Act (excluding Articles 2 and 3) comes into effect as of January 6, 2001.
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附 則〔平成十八年六月七日法律第五十三号〕〔抄〕
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Supplementary Provisions[Act No. 53 of June 7, 2006][Extract]
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(施行期日)
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(Effective Date)
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第一条この法律は、平成十九年四月一日から施行する。ただし、次の各号に掲げる規定は、当該各号に定める日から施行する。
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Article 1This Act comes into effect as of April 1, 2007; provided, however, that the provisions set forth in the following items come into effect as of the dates specified respectively in those items:
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一第百九十五条第二項、第百九十六条第一項及び第二項、第百九十九条の三第一項及び第四項、第二百五十二条の十七、第二百五十二条の二十二第一項並びに第二百五十二条の二十三の改正規定並びに附則第四条、第六条、第八条から第十条まで及び第五十条の規定公布の日
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(i)the provisions amending Article 195, paragraph (2), Article 196, paragraphs (1) and (2), Article 199-3, paragraphs (1) and (4), Article 252-17, Article 252-22, paragraph (1), and Article 252-23, and the provisions of Articles 4 and 6, Articles 8 through 10, and Article 50 of the Supplementary Provisions:the date of promulgation; and
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二第九十六条第一項の改正規定、第百条の次に一条を加える改正規定並びに第百一条、第百二条第四項及び第五項、第百九条、第百九条の二、第百十条、第百二十一条、第百二十三条、第百三十条第三項、第百三十八条、第百七十九条第一項、第二百七条、第二百二十五条、第二百三十一条の二、第二百三十四条第三項及び第五項、第二百三十七条第三項、第二百三十八条第一項、第二百三十八条の二第二項、第二百三十八条の四、第二百三十八条の五、第二百六十三条の三並びに第三百十四条第一項の改正規定並びに附則第二十二条及び第三十二条の規定、附則第三十七条中地方公営企業法(昭和二十七年法律第二百九十二号)第三十三条第三項の改正規定、附則第四十七条中旧市町村の合併の特例に関する法律(昭和四十年法律第六号)附則第二条第六項の規定によりなおその効力を有するものとされる同法第五条の二十九の改正規定並びに附則第五十一条中市町村の合併の特例等に関する法律(平成十六年法律第五十九号)第四十七条の改正規定公布の日から起算して一年を超えない範囲内において政令で定める日
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(ii)the provisions amending Article 96, paragraph (1), the provisions adding one Article after Article 100, the provisions amending Article 101, Article 102, paragraphs (4) and (5), Articles 109, 109-2, 110, 121, and 123, Article 130, paragraph (3), Article 138, Article 179, paragraph (1), Articles 207, 225, and 231-2, Article 234, paragraphs (3) and (5), Article 237, paragraph (3), Article 238, paragraph (1), Article 238-2, paragraph (2), Articles 238-4, 238-5, and 263-3, and Article 314, paragraph (1), and the provisions of Articles 22 and 32 of the Supplementary Provisions, the provisions of Article 37 of the Supplementary Provisions amending Article 33, paragraph (3) of the Local Public Enterprise Act (Act No. 292 of 1952), the provisions of Article 47 of the Supplementary Provisions amending Article 5-29 of the Former Act on Special Provisions Concerning Merger of Municipalities (Act No. 6 of 1965) which is to remain applicable pursuant to the provisions of Article 2, paragraph (6) of the Supplementary Provisions of said Act, and the provisions of Article 51 of the Supplementary Provisions amending Article 47 of the Act on Special Provisions of the Merger of Municipalities (Act No. 59 of 2004):the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
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