Act on Emergency Measures for Stabilizing Living Conditions of the Public(Act No. 121 of 1973)
Last Version:
目次
履歴

  • 平成29年3月6日
    • 最終更新:
    • 翻訳日:平成28年7月22日
    • 辞書バージョン:10.0

Act on Emergency Measures for Stabilizing Living Conditions of the Public
Act No. 121 of December 22, 1973
(Purpose)
Article 1The purpose of this Act is to provide for emergency measures concerning prices and supply-demand adjustments, etc. with regard to goods that are highly related to living conditions of the public, and goods that are important for the national economy, in order to cope with a rise in prices and other extraordinary circumstances surrounding the Japanese economy, thereby achieving stability of living conditions of the public and smooth administration of the national economy.
(Implementation Policy)
Article 2(1)When taking measures as provided for in this Act, the government must prioritize securing goods that are indispensable in the everyday lives of the public and make an effort to stabilize the price of those goods.
(2)The government must make an effort to provide the public with necessary information concerning the status of production, importing, distribution, or the supply of goods that are highly related to the living conditions of the public and goods that are important for the national economy, in order to stabilize living conditions of the public.
(Determination of Standard Prices)
Article 3(1)When prices rise or are likely to rise and the prices of goods that have a large effect on the living conditions of the public, or goods that are important for the national economy (hereinafter referred to as "Essential Goods") rise or are likely to rise substantially, the Essential Goods may be designated by Cabinet Order as those for which stabilizing price is particularly important.
(2)If the situation provided in the preceding paragraph is found to no longer exist, the designation under the provisions of the same paragraph is to be canceled.
Article 4(1)If the designation under paragraph (1) of the preceding Article is made, the competent minister must, without delay, determine a standard price for items, among the goods thus designated (hereinafter referred to as the "Designated Goods"), which should serve as the standard for trading of the Designated Goods in light of trading volume, commercial practice, and other trading-related circumstances (such items are hereinafter referred to as "Standard Items").
(2)A standard price is to be determined for the selling price to be charged by persons engaged in the production or import of goods designated as Standard Items, persons engaged in the retail of goods designated as Standard Items, or persons engaged in the business of selling goods designated as Standard Items (excluding those engaged in the retail business).
(3)A standard price is to be determined, in accordance with the principle of stabilizing the price of Designated Goods relating to the Standard Items, by comprehensively taking into consideration the amount obtained by adding the standard-level selling expenses and profits to the standard-level production cost, import price, or purchase price, the mode of trade and regional circumstances, the supply-demand prospects of Designated Goods relating to the Standard Item, and the influence on the living conditions of the public or the national economy.
(4)When having determined a standard price pursuant to the provisions of paragraph (1), the competent minister must give public notice thereof without delay.
Article 5(1)When the standard-level production cost, import price, or purchase price of a Standard Item or the supply-demand situation or any other circumstances concerning a Standard Item changes substantially and the competent minister finds it particularly necessary, the competent minister is to revise the standard price.
(2)When the designation under Article 3, paragraph (1) is canceled, the standard price ceases to be effective.
(3)The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to the cases referred to in the preceding two paragraphs.
(Indication of Standard Prices)
Article 6(1)When a standard price is determined with regard to the selling price to be charged by persons engaged in retail, persons engaged in the retail of Designated Goods relating to the standard price must indicate the standard price and the selling price of the Designated Goods in a manner readily recognizable by general consumers, as provided for by order of the competent ministry.
(2)When the competent minister determines a standard price with regard to the selling price to be charged by persons engaged in retail and finds that a person engaged in the retail of Designated Goods relating to the standard price is not indicating the standard price or the selling price of the Designated Goods, or not indicating them in a manner readily recognizable by general consumers, the competent minister may instruct the person to indicate the standard price or the selling price of the Designated Goods in a manner readily recognizable by general consumers.
(3)When a person who was instructed under the preceding paragraph fails to comply, the competent minister may make a public announcement to that effect.
(Instruction on Standard Prices)
Article 7(1)When the competent minister finds that the selling price of Designated Goods charged by a person who sells Designated Goods exceeds the prices prescribed in the following items for the categories of items set forth respectively in those items, the competent minister may instruct the person to sell the Designated Goods at a price not higher than the prices prescribed in the respective items:
(i)a Standard Item:the standard price (if the mode of trade, regional circumstances or any other circumstances differ from the mode of trade, regional circumstances or any other circumstances that were taken into consideration when determining the standard price, a price which is based on the standard price and which is found to be appropriate when taking into account the mode of trade, regional circumstances or any other circumstances; the same applies in the following item); and
(ii)an item other than a Standard Item:a price which is based on the standard price and which is found to be appropriate when taking into account the difference between the item and Standard Items in respect to quality, size and any other circumstances.
(2)When a person who was instructed under the preceding paragraph fails to comply with the instruction without reasonable grounds, the competent minister may make a public announcement to that effect.
(Determination of Specified Standard Prices)
Article 8(1)When it is found to be difficult to stabilize the price of Designated Goods even after taking the measures prescribed in Article 4 through the preceding Article and it is particularly necessary to do so, the Designated Goods may be designated by Cabinet Order as goods of which the stability of their price should be ensured in particular.
(2)The provisions of Article 3, paragraph (2) apply mutatis mutandis to designation under the preceding paragraph.
Article 9(1)When the designation under paragraph (1) of the preceding Article is made, the competent minister must, without delay, determine the specified standard price for the item, among the goods thus designated (hereinafter referred to as "Specified Goods"), of which price stability should be ensured for maintaining the stability of the price of Specified Goods in light of trading volume, commercial practice, and other trading circumstances (such item is hereinafter referred to as the "Specified Item").
(2)A specified standard price is to be determined on a nationwide level, or on a regional level specified by the competent minister, in accordance with the mode of trade and any other circumstances.
(3)A specified standard price is to be determined based on the amount obtained by adding the standard-level selling expenses and appropriate profits to the standard-level production cost, import price, or purchase price, by considering the supply-demand prospects of Specified Goods relating to the Specified Item and the influence on the living conditions of the public or the national economy.In this case, if the Specified Item is a Standard Item and it is found to be appropriate to adopt the standard price as the specified standard price, the standard price is to be determined as the specified standard price.
(4)The provisions of Article 4, paragraph (4) apply mutatis mutandis to the case where a specified standard price is determined pursuant to the provisions of paragraph (1).
(5)With regard to application of the provisions of Article 6 in relation to Specified Goods, the term "standard price" in paragraphs (1) and (2) of the same Article is to be replaced with "specified standard price."
Article 10(1)When the standard-level production cost, import price, or purchase price of a Specified Item or the supply-demand situation or any other circumstances concerning a Specified Item changes substantially and the competent minister finds it particularly necessary, the competent minister is to revise the specified standard price.
(2)When the designation under Article 8, paragraph (1) is canceled, the specified standard price ceases to be effective.
(3)The provisions of Article 4, paragraph (4) apply mutatis mutandis to the cases referred to in the preceding two paragraphs.
(Surcharges)
Article 11(1)When the selling price charged by a person who has sold Specified Item goods is found to exceed the specified standard price for the goods thus sold, the competent minister must order the person to pay to the national treasury a surcharge in an amount equivalent to the amount obtained by multiplying the difference between the selling price and the specified standard price by the quantity of goods thus sold.
(2)A person who receives an order under the preceding paragraph must pay the surcharge specified in the same paragraph.
(3)In the case referred to in paragraph (1), if the goods thus sold are goods produced, imported, or purchased prior to the day on which public notice of the specified standard price set forth in the same paragraph was given and it is apparent that their production cost, import price, or purchase price is substantially higher than the production cost, import price, or purchase price that served as the basis in determining the specified standard price or there are any other special circumstances as specified by Cabinet Order, the competent minister may grant a reduction of or exemption from the surcharge set forth in the same paragraph, as provided for by Cabinet Order.
(4)Beyond what is provided for in the preceding two paragraphs, the procedure for issuing an order under paragraph (1) and other necessary particulars concerning application of the provisions of the same paragraph are prescribed by Cabinet Order.
(Compulsory Collection)
Article 12(1)When a person fails to pay a surcharge under the preceding Article by the due date for payment, the competent minister must demand the payment by serving a written demand designating a time limit for the payment.
(2)When having made the demand under the preceding paragraph, the competent minister may collect a delinquent charge calculated based on the number of days from the day immediately following the due date for payment to the day of the payment, at an annual rate of 14.5% of the amount of the surcharge set forth in the same paragraph.
(3)When a person who received a demand under paragraph (1) fails to pay the amount to be paid by the designated time limit, the competent minister may collect the surcharge in accordance with the rules governing a ruling of delinquency of national tax.
(4)The order of priority of a statutory lien of a surcharge under the preceding paragraph is to follow that of national tax and local tax, and the statute of limitations on such lien is in accordance with the rules governing that of national tax.
(Mutual Notice with Tax Administrative Organs)
Article 13(1)When having issued an order under Article 11, paragraph (1), the competent minister or a person to whom the authority thereof has been delegated is to give the Commissioner of the National Tax Agency or the head of the relevant local government notice of the content of the order.
(2)The Commissioner of the National Tax Agency or the head of the local government is to give the competent minister notice of the particulars concerning the sale that falls under the provisions of Article 11, paragraph (1) which a relevant official of an organ under the administrative jurisdiction of the Commissioner or the head came to know of at the time of conducting an investigation related to national tax or local tax.
(Instruction on Production)
Article 14(1)If prices rise or are likely to rise and stability of the living conditions of the public or the smooth operation of the national economy is impeded or is likely to be impeded substantially due to a shortage of supply of Essential Goods, etc., the Essential Goods, etc. may be designated by Cabinet Order as goods of which production should be promoted, unless otherwise provided for by law.
(2)The provisions of Article 3, paragraph (2) apply mutatis mutandis to designation under the preceding paragraph.
Article 15(1)A person engaged in the business of producing goods designated pursuant to the provisions of paragraph (1) of the preceding Article (excluding a person who satisfies the requirements specified by order of the competent ministry; hereinafter referred to as a "Producer") must prepare a plan concerning production of the goods (hereinafter referred to as a "Production Plan") and make notification thereof to the competent minister, as provided for by order of the competent ministry. The same applies when the Producer makes a change to the Production Plan.
(2)When the competent minister finds it particularly necessary for dealing with the situation prescribed in paragraph (1) of the preceding Article, the competent minister may instruct a Producer who has made the notification under the preceding paragraph to make a change to the Production Plan relating to the notification.
(3)A Producer who makes the notification under paragraph (1) (excluding a person who was instructed under the preceding paragraph but fails to make a change to the Production Plan as instructed) must produce the goods designated pursuant to the provisions of paragraph (1) of the preceding Article in accordance with the Production Plan relating to the notification (if notification of a change under the second sentence of paragraph (1) is made, the Production Plan after the change; the same applies hereinafter).
(4)When a person who was instructed under paragraph (2) fails to follow the instruction or when the competent minister finds that the Producer prescribed in the preceding paragraph has failed to produce the goods designated pursuant to the provisions of paragraph (1) of the preceding Article in accordance with the Production Plan relating to notification without reasonable grounds, the competent minister may make public announcement to that effect.
(Instructions on Importing)
Article 16(1)When prices rise or are likely to rise and stability of the living conditions of the public or the smooth operation of the national economy is impeded or is likely to be impeded substantially due to a shortage of the supply of Essential Goods, etc. and it is found necessary to deal with this situation by promoting the importing of the Essential Goods, etc., the Essential Goods, etc. may be designated by Cabinet Order as goods of whose importing should be promoted.
(2)The provisions of Article 3, paragraph (2) apply mutatis mutandis to designation under the preceding paragraph.
Article 17(1)When the competent minister finds it particularly necessary for dealing with the situation prescribed in paragraph (1) of the preceding Article, the competent minister may instruct a person engaged in the business of importing the goods designated pursuant to the provisions of the same paragraph who is found to be capable of importing the goods in consideration of the import situation of the goods to import the goods, by specifying the time limit for and quantity of import.
(2)When a person who was instructed under the preceding paragraph fails to comply with the instruction without reasonable grounds, the competent minister may make a public announcement to that effect.
Article 18(1)When the competent minister finds it difficult to overcome the situation prescribed in Article 16, paragraph (1) by taking the measure prescribed in the preceding Article, the competent minister may instruct a corporation which is incorporated by a special act of incorporation pursuant to a special Act and which is specified by Cabinet Order to import the goods, by specifying the time limit for and quantity of imports.
(2)A corporation which was instructed under the preceding paragraph may carry out operations concerning imports of the goods as instructed, notwithstanding the provisions of the special Act.
Article 19When intending to give an instruction under Article 17, paragraph (1) or paragraph (1) of the preceding Article, the competent minister must give due consideration so as not to disturb the international trade order.
(Instruction on Storage)
Article 20(1)When prices rise or are likely to rise and stability of living conditions of the public or the smooth operation of the national economy is likely to be impeded substantially due to a shortage of the supply of such Essential Goods, etc. of which supply shortage is difficult to deal with unless their shipment is adjusted in advance, the Essential Goods, etc. may be designated by Cabinet Order as goods of which supply stability should be achieved.
(2)The provisions of Article 3, paragraph (2) apply mutatis mutandis to designation under the preceding paragraph.
Article 21(1)When the competent minister finds it particularly necessary for dealing with the situation prescribed in paragraph (1) of the preceding Article, the competent minister may instruct a person engaged in the business of producing, importing or selling the goods designated pursuant to the provisions of the same paragraph to store the goods, by specifying the time limit for and quantity of storage.
(2)When a person who was instructed under the preceding paragraph fails to comply with the instruction without reasonable grounds, the competent minister may make public announcement to that effect.
(Instruction on Sale, Transportation, or Storage)
Article 22(1)When the stability of the living conditions of the public or the smooth operation of the national economy is impeded or is likely to be impeded substantially due to a shortage of supply of Essential Goods, etc. in a specific area and the competent minister finds it necessary to urgently increase the supply of the Essential Goods, etc. in the area, the competent minister may instruct a person engaged in the business of producing, importing, or selling the Essential Goods, etc. to sell the Essential Goods, etc., by specifying the time limit for and quantity of sale, the person to whom they should be sold, and the selling price.
(2)When the competent minister finds it particularly necessary for dealing with the situation prescribed in the preceding paragraph, the competent minister may instruct a person engaged in the business of transporting the Essential Goods, etc. to transport the Essential Goods, etc., by specifying the time limit for and quantity of transportation, the origin and destination of transportation, and transportation conditions.
(3)When the competent minister finds it particularly necessary for dealing with the situation prescribed in paragraph (1), the competent minister may instruct a person engaged in the business of storing goods relating to the Essential Goods, etc. in the area to store the Essential Goods, etc., by specifying the time limit for and quantity of storage and storage conditions.
(4)When a person who was instructed under any of the preceding three paragraphs fails to comply with the instruction without reasonable grounds, the competent minister may make public announcement to that effect.
(Instruction on Capital Investment)
Article 23When prices rise or are likely to rise and it is found necessary to limit demand for capital investment in order to ensure the stability of the living conditions of the public or the smooth operation of the national economy, a period of not less than six months may be designated by Cabinet Order as a period for restricting capital investment.
Article 24(1)A person who intends to construct (excluding relocation; the same applies hereinafter) a building (meaning the building prescribed in Article 2, item (i) of the Building Standards Act (Act No. 201 of 1950) and excluding buildings necessary for the public interest or living conditions of the public and which is specified by Cabinet Order, and buildings relating to a capital investment plan of which notification is to be made pursuant to the provisions of paragraph (1) of the following Article; the same applies hereinafter) of a size equal to or larger than that specified by Cabinet Order within the period designated pursuant to the provisions of the preceding Article must prepare a construction work plan and make notification thereof to the competent minister, as provided for by order of the competent ministry. The same applies when the person intends to make a change to the construction work plan.
(2)When notification under the preceding paragraph was made and the competent minister finds that the construction of the building does not comply with the standards specified by Cabinet Order when taking into account the urgency in respect to living conditions of the public or the national economy and any other circumstances, the competent minister may instruct the person intending to construct the building to postpone the implementation of the construction work plan in whole or in part or to reduce the size of the building.
(3)When a person who was instructed under the preceding paragraph fails to comply with the instruction without reasonable grounds, the competent minister may make public announcement to that effect.
Article 25(1)An enterprise (meaning a person engaged in business specified by Cabinet Order as that for which investment in a facility to be provided for use in the business needs to be controlled, and excluding a person who satisfies the requirements specified by order of the competent ministry; the same applies hereinafter) which intends to install a facility that falls under the following items within a period specified by order of the competent ministry included in the period designated pursuant to the provisions of Article 23 must prepare a capital investment plan and make notification thereof to the competent minister, as provided for by order of the competent ministry; the same applies when the enterprise intends to make a change to the capital investment plan:
(i)installation of a machine, equipment, or any other facility to be provided for direct use in the business; and
(ii)the total amount of investment required for installing the facility for each of the periods specified by order of the competent ministry exceeds the amount specified by Cabinet Order.
(2)When the notification under the preceding paragraph was made and the competent minister finds that the installation of the facility does not comply with the standards specified by Cabinet Order when taking into account the urgency in respect to the living conditions of the public or the national economy and any other circumstances, the competent minister may instruct the enterprise to postpone the implementation of the capital investment plan in whole or in part or to reduce the total amount of the investment.
(3)If a person who was instructed under the preceding paragraph fails to comply with the instruction without reasonable grounds, the competent minister may make public announcement to that effect.
(Allocation or Rationing)
Article 26(1)When prices rise or are likely to rise and a serious hindrance is caused or is likely to be caused to the stability of the living conditions of the public or the smooth operation of the national economy due to a substantial shortage of the supply of Essential Goods, etc. and the extreme difficulty of recovering the supply-demand balance for a reasonable period of time, the Essential Goods, etc. may be designated by Cabinet Order and matters necessary for the allocation or rationing of the Essential Goods, etc. or use, transfer, or prohibition of transfer of the Essential Goods, etc., may be specified by Cabinet Order unless otherwise provided for by law.
(2)The matters to be specified by Cabinet Order set forth in the preceding paragraph may not exceed the necessary limit for overcoming the situation prescribed in the same paragraph.
(Consultations with the Consumer Commission)
Article 27(1)The Consumer Commission is to respond to consultations with the Prime Minister or a relevant minister, and investigate and deliberate on important matters concerning the allocation or rationing of Essential Goods, etc. and application of this Act.
(2)The Consumer Commission may state its opinion to the Prime Minister or a relevant minister with regard to the matters prescribed in the preceding paragraph.
(Reporting to the Diet)
Article 28The government is to report to the Diet on the status of enforcement of this Act approximately every six months.
(Bookkeeping)
Article 29A person who sells Designated Goods (excluding a person who satisfies the requirements specified by order of the competent ministry) must keep books, enter into them particulars specified by order of the competent ministry with regard to accounting relating to the Designated Goods, and keep such books, as provided by order of the competent ministry.
(On-site Inspections)
Article 30(1)The competent minister may, to the extent necessary for enforcement of the provisions of Articles 6, 7, and 11 and as provided by Cabinet Order, have a person who sells Designated Goods report on the status of the person's operations or accounting, or have the ministry's officials enter such person's business office or any other office or any other workplace and inspect books, documents, or any other articles or ask questions to relevant persons.
(2)The competent minister may, to the extent necessary for enforcement of the provisions of Articles 15, 17, 21, 22, 24, and 25 and as provided by Cabinet Order, have a person engaged in the business of producing, importing, selling, or transporting Essential Goods, etc., a person engaged in the business of storing goods relating to Essential Goods, etc., or the person prescribed in Article 24, paragraph (1) or Article 25, paragraph (1) report on the status of the person's operations or accounting, or have the ministry's officials enter such person's business office or any other office or any other workplace and inspect books, documents, or any other articles.
(3)The competent minister may, to the extent necessary for enforcement of Cabinet Orders based on the provisions of Article 26, paragraph (1), and as provided by Cabinet Order, have a person engaged in the business of producing, importing, or selling the Essential Goods, etc. that were designated pursuant to the provisions of the same paragraph or any other relevant person as specified by Cabinet Order report on the status of the matters prescribed in the same paragraph, or have the ministry's officials enter such person's business office or any other office or any other workplace and inspect books, documents, or any other articles.
(4)An official who conducts an on-site inspection or asks questions pursuant to the provisions of paragraph (1) or an official who conducts an on-site inspection pursuant to the provisions of the preceding two paragraphs must carry an identification card, and present it to the relevant persons if so requested.
(5)The authority to conduct an on-site inspection under paragraphs (1) through (3) must not be construed as being permitted for criminal investigation.
(Transitional Measures)
Article 31When an order is established, revised, or abolished based on the provisions of this Act, the order may specify required transitional measures (including transitional measures concerning penal provisions) within a scope that is judged to be reasonably necessary in accordance with the establishment, revision, or abolition.
(Competent Ministers and Order of the Competent Ministry)
Article 32The competent minister and order of the competent ministry under this Act are to be specified by Cabinet Order.
(Affairs to Be Processed by Local Governments)
Article 33(1)A part of the affairs under the authority granted by this Act may be carried out by the head of a local government, as provided for by Cabinet Order.
(2)The authority granted by this Act may be entrusted to the head of an external organ or the head of a local branch office, as provided for by Cabinet Order.
(Penal Provisions)
Article 34A person who falls under any of the following items is to be punished by imprisonment with required labor for not more than one year or a fine of not more than 200,000 yen:
(i)a person who, in violation of the provisions of Article 29, fails to state the particulars prescribed in the same Article, makes a false statement, or fails to keep books on file;
(ii)a person who fails to make a report under Article 30, paragraph (1), makes a false report, refuses, obstructs, or evades an inspection under the same paragraph, fails to answer questions under the same paragraph, or gives false answers; or
(iii)a person who fails to make a report under Article 30, paragraph (2) or (3), makes a false report, or refuses, obstructs, or evades an inspection under paragraph (2) or (3) of the same Article.
Article 35A person who fails to make the notification under Article 15, paragraph (1), Article 24, paragraph (1), or Article 25, paragraph (1) is to be punished by a fine of not more than 200,000 yen.
Article 36When a representative of a corporation, or an agent, employee, or any other worker of a corporation or an individual commits an violation set forth in the preceding two Articles with regard to the business of the corporation or individual, not only the offender but also the corporation or individual are to be punished by the fines prescribed in the respective Articles.
Article 37In Cabinet Orders based on the provisions of Article 26, paragraph (1), it is possible to establish provisions to punish a person who violates the provisions of the Cabinet Orders or an order based it, or a disposition based on these by imprisonment with required labor for not more than five years or a fine of not more than three million yen, or both, and provisions to the effect that when a representative of a corporation, or an agent, employee, or any other worker of a corporation or an individual commits the act of violation with regard to the business of the corporation or individual, not only the offender, but also the corporation or individual is to be punished by the fines prescribed in the respective Articles.
Supplementary Provisions[Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation.
(Reviews)
Article 2The government is to review the provisions of this Act and the status of implementation thereof within one year from when this Act comes into effect, and is to take necessary measures based on the review results.
Supplementary Provisions[Act No. 80 of December 2, 1983][Extract]
(Effective Date)
(1)This Act comes into effect as of the date on which the Act for Establishment of the Management and Coordination Agency (Act No. 79 of 1983) comes into effect.
(Transitional Measures)
(5)Councils, etc. of the former Prime Minister's Office or Administrative Management Agency which are set forth in the left-hand column of the following table and the chairpersons, members, and any other officials of those councils, etc. are to become the corresponding organs and officials of the administrative organs set forth respectively in the right-hand column of the table, and remain in existence with the same identity.
Advisory Council on the Civil Service
Management and Coordination Agency
Pension Examination Committee
Council on Policy for Regional Improvement
Council for Juvenile Issues
Statistics Council
Council for Stabilizing Public Living Conditions
Economic Planning Agency
Radiation Council
Science and Technology Agency
Emigration Council
Ministry of Foreign Affairs
Central Council for Policy for Persons with Disabilities
Ministry of Health and Welfare
Agricultural Policy Council
Ministry of Agriculture, Forestry and Fisheries
Council for Promoting Coastal Fisheries
Forestry Policy Council
Council for Small and Medium Enterprise Policy
Ministry of International Trade and Industry
Tourism Policy Council
Ministry of Transportation
Employment Council
Ministry of Labour
(6)Beyond what is provided for in this Act, transitional measures necessary for enforcement of this Act may be prescribed by Cabinet Order.
Supplementary Provisions[Act No. 87 of July 16, 1999][Extract]
(Effective Date)
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:
(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 the same 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 the same 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;
(Affairs of the National Government, etc.)
Article 159Beyond 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 organ 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 public entity as its own affairs pursuant to Acts or Cabinet Orders based thereon.
(Transitional Measures Concerning Dispositions, Applications)
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 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 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.
(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.
(Transitional Measures Concerning Appeals)
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 agency (hereinafter referred to as an "administrative agency which made the disposition" in this Article) that has been subordinated to a higher administrative agency as prescribed by the same Act (hereinafter referred to as a "higher administrative agency" in this Article) prior to the enforcement date of this Act, the provisions of the Administrative Appeal Act apply to the appeal, by deeming that the administrative agency which made the disposition remains subordinate to the higher administrative agency after the enforcement date of this Act.In this case, the administrative agency that is deemed to be the higher administrative agency of the administrative agency which made the disposition is to be the administrative agency which had been the higher administrative agency of the administrative agency which made the disposition prior to the enforcement date of the Act.
(2)In the case referred to in the preceding paragraph, if the administrative agency that is deemed to be a higher administrative agency is an organ of a local government, the affairs to be processed by the 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.
(Transitional Measures Concerning Fees)
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, prior provisions are to continue to apply, unless otherwise provided for by this Act or Cabinet Order based thereon.
(Transitional Measures Concerning Penal Provisions)
Article 163With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, prior provisions are to continue to apply.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 164(1)Beyond 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.
(2)Matters necessary for application of the provisions of Articles 18, 51, and 184 of the Supplementary Provisions are prescribed by Cabinet Order.
(Review)
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 are to be revised as appropriate whenever necessary.
Article 251In order to enable local governments to conduct 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 prevailing economic trends, and take the necessary measures based on the review results.
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 as necessary.
Supplementary Provisions[Act No. 102 of July 16, 1999][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date on which the Act Partially Amending the Cabinet Act (Act No. 88 of 1999) comes into effect; provided, however, that the provisions set forth in the following items come into effect as of the dates specified respectively in those items:
(ii)the provisions of Article 10, paragraphs (1) and (5), Article 14, paragraph (3), and Articles 23, 28, and 30 of the Supplementary Provisions:the date of promulgation;
(Succession of Status as an Official)
Article 3A person who is an official of the former Prime Minister's Office, Ministry of Justice, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Education, Ministry of Health and Welfare, Ministry of Agriculture, Forestry and Fisheries, Ministry of International Trade and Industry, Ministry of Transport, Ministry of Posts and Telecommunications, Ministry of Labour, Ministry of Construction, or Ministry of Home Affairs (hereinafter referred to as the "former Office or Ministry" in this Article) (excluding a person who is the chairperson or a member of the council, etc. set forth in Article 8 of the National Government Organization Act (Act No. 120 of 1948), a member of the Central Disaster Prevention Council, the chairperson or a member of the Japanese Industrial Standards Committee, or a person specified by Cabinet Order as a person similar thereto) at the time of enforcement of this Act is, unless an appointment is announced separately, to become a corresponding official of the Cabinet Office, Ministry of Internal Affairs and Communications, Ministry of Justice, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Education, Culture, Sports, Science and Technology, Ministry of Health, Labour and Welfare, Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and Industry, Ministry of Land, Infrastructure, Transport and Tourism, or Ministry of the Environment after the enforcement of this Act (hereinafter referred to as the "new Office or Ministry" in this Article) or a department or organ established thereunder, which is specified by Cabinet Order as the new Office or Ministry or the department or organ established thereunder that corresponds to the former Office or Ministry or the department or organ established thereunder to which the official belongs at the time of enforcement of this Act, with the same working conditions.
(Transitional Measures Specified Separately)
Article 30Beyond what is provided in Article 2 through the preceding Article, transitional measures necessary for the enforcement of this Act are prescribed by separate Acts.
Supplementary Provisions[Act No. 49 of June 5, 2009][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date on which the Act for Establishment of the Consumer Affairs Agency and the Consumer Commission (Act No. 48 of 2009) comes into effect; provided, however, that the provisions set forth in the following items come into effect as of the dates specified respectively in those items:
(i)the provisions of Article 9 of the Supplementary Provisions:the date of promulgation of this Act;
(Transitional Measures Concerning the Application the Penal Provisions)
Article 8Prior provisions are to continue to apply with regard to the application of penal provisions to acts committed prior to the enforcement of this Act and acts committed after the enforcement of this Act in cases where prior provisions are to continue to apply pursuant to the Supplementary Provisions of this Act.
(Delegation to Cabinet Order)
Article 9Beyond what is provided for in Article 2 of the Supplementary Provisions through the preceding Article, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are prescribed by Cabinet Order.