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Official Gazettegazette づ F゛゛ ・ OFFICIAL GAZETTEGAZETTE づ GOVERNME^rrPRiNTINSBORBy ENQLISHGOVERNMENT PRINTINGBORBU ENGLISH EDITIONEDITION昭和こﾔ一年十一月三十日 第三aa便物認可 jafc^+--^-f--≪=+a m=asa≪5B^ .1● No. 745 WEDNESDAY, SEPTEMBER 22, 1948 Price 28.00 yen Cabinet Order No. 298 CABINET ORDERS The Cabinet Q*der regarding a Transfer of Houses, etc. on Allied Nations Property I hereby promulgate tha Cabinet Order for amending a Part of the Budget, S2ttlement of Ac- In accordance with the Ordinance concerning the countsand Accounts Regulations. Orders to be issued in consequence of the Acceptance Signed: HIROHITO, S?al of the Emperor of the Potsdam Declaration (Imperial Ordinance No. This twenty-second day of the ninth month of 542 of 1945), the Cabinet hereby establishes the the twenty-thirdyear of Showa (Ssptember 22,1948) Cabinet Order regarding a transfer of houses, etc. Prime Minister on Allied Nations' Property. ASHIDA Hitoshi (Purport of the Present Cabinet Order) Art. 1. In cases where the Minister of Finance Cabinet Order No. 297 orders, in pursuance of the provisions of the Cabinet Order for amending a Part of Ordinance on Returning, etc. of Allied Nationals' the Budget, Settlement of Accounts Property under the Imperial Ordinance concern- and Accounts Regulations ing the Orders to be issued in consequence of the In accordance with the provisions of Article 25 Acceptance of the Potsdam Declaration (Imperial of the Account Law (Law No. 35 of 1947), the Cabinet Ordinance No. 294 of 1946), the restitution to hereby establishes the Cabinet Order for amending a Allied Nations or their Nationals (hereinafter Part of the Budget, Settlement of Accounts and referred to as Allied Nationals) which were the Accounts Regulations. original owners, or other necessary measures A part of the Budget, Settlement of Accounts about the land (inclusive of rights on the land and Accounts Regulations (Imperial Ordinance No. designated by the Minister of Finance) which is 165 of 1947) shall be amended as follows: the Allied Nationals' Property according to the In Article 60-(4), item 2 shall be item 3, the provisions of Art. 1, par. 1 of the abovemention- following items shall be carried down in turn and ed Ordinance, necessary matters concerning a next to item 1, the following item shall be added: transfer to the Allied Nationals, under the re- , 2. Expenses for Return of Allied Powers Pro- quirement of the Supreme Commander for the perties Allied Powers, of houses or other kind of build- ings constructed without any consent of the Allied Supplementary Provision: Nationals, on and after December 7, 1941, on the The present Cabinet Order shall come into force land concerned by other person than the Allied as from the day of its promulgation. Nationals (hereinafter referred to as houses, etc.), Minister of Finance shall be provided for by the present Cabinet KITAMURA Tokutaro Order. Primc Minister (Authority and Procedure of Expropriation) ASHIDA Hitoshi Art. 2. When the Minister of Finance deemed it necessary, upon the requirement of the Supreme I hereby promulgate the Cabinet Order regarding Commander for the Allied Powers for a transfer Transfer of Houses etc. on Allied Nations' Property of houses, etc. to the Allied Nationals, he shall based upon the Ordinance concerning the Orders to bs authorized to expropriate houses, etc. con- bs issued in consequence of the Acceptance of the cerned. Potsdam Declaration (Imperial Ordinance No. 542 of 2. In cases of expropriation of houses, etc. the 1945). Minister of Finance shall deliver to the owners Signed: HIROHITO, Seal of the Emperor thereof the Expropriation Order which states This twenty-second day of the ninth month of following particulars: the twenty-third year of Showa (September 22, 1948) 1. Name of owner of the houses, etc. to be ex- Prime Minister propriated ; ASHIDA Hitoshi 2.Reason for expropriation ; I ･■i.iswjnq 3. Kind, construction and location of the houses, 3. Kind, construction and location of the houses, etc. to be expropriated; etc. to bs delivered; 4. Time of expropriation; 4. Time of delivery; 5. Time of delivery; 5. Other necessary matters. 6. Other necessary matters. 3. The provisions of Art. 2, par. 3 shall apply 3. In cases where the owner of the houses, etc. mutatis mutandis to the case of the preceding refuses to receive the Expropriation Order, where paragraph. he has no residence or dwelling-place in Japan, (Custody of Houses, etc.) where both his residence and dwelling-place are Art. 6. Upon receipt of the Expropriation or Deli- unknown, where there is not enough time to very Order, or publication substituted therefor, deliver it owing to urgent necessity or where it persons who own or occupy the houses, etc.shall is particularly difficult to deliver it, notwith-- j keep them in custody in good condition until the standing the provision of the preceding para- j time of the delivery to the Minister of Finance. graph, the Minister of Finance shall be authorized (Responsibility of Delivery) to substitute the publication in the official Art. 7. Persons who own or occupy the houses, etc. gazette of the main points as contained in the shall, at the time of delivery-stated in the Ex- Expropriation Order for the delivery thereof. propriation or Delivery Order, deliver the houses, ＼ Art. 3. Upon delivery of the Expropriation Order etc. to the Minister of Finance. or publication of the main points thereof accord- 2. The provision of the preceding paragraph shall ing to pars. 2 and 3 of the preceding Article, take precedence over proceedings of compulsory the Minister of Finance shall not only notify execution, proceedings of compulsory collection persons known to have rights other than owner- as provided in the National Tax Collection Law ' ship on houses, etc. (hereinafter referred as to or other similar compulsory proceedings in con- relative claimants) of the main points as con- nection with the houses, etc. concerned. tained in the Expropriation Order but shall also (Method of Delivery) give public notice of the main points except Art. 8. The Minister of Finance shall have the when the publication provided in par. 3 of the Government employes concerned receive the deli- preceding Article was made. very of houses, etc. (Effect of Expropriation) 2. In cases where the*Government employes con- Art. 4. When the Minister of Finance delivered the cerned receive the delivery, under the provision Expropriation Order or made the publication in of the preceding paragraph, they shall carry with the officialgazette of the main points thereof them identification certificatesindicating their according to the provisions of par. 2 or par. 3 status and present them on the request of inter- of Art. 2, the state shall, at the time of ex- ested parties. propriation stated in the Expropriation Order or (Compensation of the Loss) the time of expropriation provided in the pub- Art. 9. The matters concerning the compensation lication in the officialgazette concerned, acquire of the losses resulting from the expropriation or the ownership of the houses, etc. and rights on the delivery of the houses, etc., suffered by the houses, etc. of relative claimants shall cease to exist. owners or relative claimants of the houses, etc. 2. Provisions of the State Property Law (Law concerned, shall be stipulated by another law separately. No. 713, 1948) shall not apply to -thehouses, etc. 4 of which ownership was acquired by the state in (Transfer of Houses, etc.) accordance with the prbvision of the preceding Art. 10. Upon the requirement of the Supreme Com- paragraph. mander for the Allied Powers, the Minister of (Authority and Procedure of Delivery Order) Finance shall, notwithstanding the provisions of Art. 5. When the Minister of Finance deemed it other laws and ordinances, transfer the houses, necessary upon the requirement of the Supreme etc. to the Allied Nationals. Commander for the Allied Powers for transfer 2. The price to be paid for the houses, etc.trans- of houses, etc. to the Allied Nationals, he shall ferred under the provisions of the preceding be authorized to order the occupants of houses, Article, procodures concerning collection thereof etc. to deliver the possession thereof. and other necessary matters regarding to the 2. When the Minister of Finance orders the deli- payment shall be stipulated by another law very of the possession of the house, etc.,he shall separately. send to the occupants thereof Delivery Order (Registration) which states following particulars: Art. 11. In cases where the Minister of Finance has 1. Name of the occupant of the houses, etc. to expropriated or transferred the houses, etc., be delivered; necessary registration thereof shall be entrusted 2. Reason of the delivery; to the Registration Office without delay. 2 ― i 2. Special instances concerning the registration of etc., constructed on the land of which restitution the preceding paragraph shall be established by or other necessary measures was ordered by the the Attorney-General. Minister of Finance on or after April 19, 1948 till (Non-taxation) the effective date of the present Order, according Art. 12. Registration Tax shall not be levied on the to the provisions of Art. 2, par. 1 of the Ordin- registration as provided in par. 1 of the preced- ance on Returning, etc. of Allied Nationals' Pro- ing Article. perty under the Ordinance concerning the Orders 2. Local public bodies shall not levy Local Taxes to be issued in consequence of the Acceptance of on the acquisition of houses, etc., by Allied Na- the Potsdam Declaration. tionals as provided in Art. 10. Minister of Finance KITAMURA Tokutaro (Requirement of Reports and Data, Inspection and Attorney-General Survey) SUZUKI Yoshio Art. 13. The Minister of Finance may, if he deems it necessary, require reports of data regarding Prime Minister the houses, etc., from the persons concerned or ASHIDA HitoshJ have the Government employee concerned enter necessary places or inspect the state of the houses, etc., as well as books, documents and MINISTERIAL ORDINANCE other items.
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