Article 1. The issuance of necessary orders relative to prices, carriage charges, storage, premium for insurance against loss, rentals or charges for workmanship (hereinafter referred to as prices, etc.), by virtue of the provisions of Article 19 of the National General Mobilization Law (including those cases where the matters are referred, in the South Sea Islands, to the provisions of Imperial Ordinance No. 317 of 1938 (the 13th Year of Showa), same context following) shall be in pursuance of the provisions of the present ordinance unless otherwise prescribed.
Article 2. Prices, etc. shall not be contracted, paid or received in excess of the amount as of September 18th of 1939 (the 14th Year of Showa) (hereinafter referred to as the designated day), provided, however, that in the cases where the persons paying or receiving the prices, etc. have obtained the permission of the administrative authorities according to the provisions of the Cabinet ordinance and also where the contracts existing at the time when the present ordinance takes effect fall within the purview of any one of the following numbers, this stipulation shall not prevail:
1. Those contracts on the basis of the prices of therein ordered products of which the producers have already commenced production;
2. Those contracts on the basis of other prices of which the purchasers or other persons paying the prices have already taken delivery of the objects;
3. Those contracts on the basis of the carriage charges or charges for workmanship of which the carriers or the workmen have already taken delivery of the objects;
4. Those contracts on the basis of the storage, premium for insurance against loss or rentals of which the persons making the payment thereof are in default of performance.
The amount as of the designated day as mentioned in the foregoing paragraph shall be determined individually for each recipient on the basis of the amount of the prices, etc. receivable by him and it shall be the contract amount in the case where the contracts concluded on the designated day exist (in case where there are several contract-amounts under the same circumstances, the highest), and in the event of there being no contract as concluded on the designated day, it shall be such amount as would have been contracted for.
In case where there is no such amount of the prices, etc. as determinable in accordance with the provisions of the foregoing paragraph, the amount determinable by Cabinet ordinance shall be the amount of the designated day.
Article 3. Where associations of merchants, industrialists or agriculturalists etc. or bodies of persons with similar status have, according to the provisions of the Cabinet ordinance, determined such amount as available in lieu of the amount prescribed in Paragraph 2 or Paragraph 3 of the foregoing article and have obtained the approval of the administrative authorities, the same shall be deemed to be the amount as of the designated day in so far as such associations or bodies and the components thereof are concerned (in case the component itself is an association or a body with a similar status, such component shall be included as well, the same stipulation also prevailing in the case of Paragraph 2 hereof).
In accordance with the provisions of the Cabinet ordinance, the administrative authorities may, when deemed necessary, consider the amount as based on the provisions of the foregoing paragraph to be the amount as of the designated day also in respect of those who are not the components of the associations or bodies with the similar status of merchants, industrialists, agriculturalists etc., even if qualified, so far as that particular territory governing the same associations or bodies are concerned.
In the case of disposition having been effected in accordance with the provisions of the foregoing paragraph, when the amount as based on the provisions of Paragraph 1 hereof changed, the amount as mentioned in the foregoing paragraph shall be deemed to have been altered to the amount so changed.
The approval granted in accordance with the provisions of Paragraph 1 hereof or the disposition effected in accordance with the provisions of Paragraph 2 hereof shall not affect those contracts existing at the time when these dispositions are enforced if they fall within the purview of any one of the numbers mentioned in the proviso to Paragraph 1 of the foregoing article at that time.
Article 4. Where the amount as of the designated day (excluding those which are deemed to be such in accordance with the provisions of Paragraph 1 or Paragraph 2 of the foregoing article or of Article 20) is regarded conspicuously unreasonable, the administrative authorities may, in accordance with the provisions of the Cabinet ordinance, lower that amount, provided, however, that those contracts existing at the time when the decrease is actually enforced shall not be affected if they fall within the purview of any one of the numbers mentioned in the proviso to Paragraph 1 of Article 2 at that time.
Article 5. The provisions of the foregoing three articles shall not prevail with respect to such prices of negotiable instruments and rentals, value of land and buildings and the prices, etc. as are specified by Cabinet ordinance.
Article 6. Prices, etc. shall not, in spite of the provisions of Article 2 to 4, be contracted, paid or received in excess of the amounts as are determined by other laws or ordinances, or of the amounts as provided by the decision, order, permission, approval or as otherwise disposed of by the administrative authorities in accordance with the provisions of any other laws or ordinances, provided, however, that the dispositions effected after
the enforcement of the present ordinance shall not affect those contracts existing at the time when such dispositions are enforced if they fall within any one of the numbers mentioned in the proviso to Paragraph 1 of Article 2 at that time.
Such other laws or ordinances as mentioned in the foregoing paragraph shall be specified by Cabinet ordinance.
Article 7. Excepting the cases prescribed in the foregoing article, where the administrative authorities have determined the amount of prices, etc. (unless the price of negotiable instruments and rentals, same context following) according to the provisions of the Cabinet ordinance, prices, etc. shall not be contracted, paid or received in excess of such amount, the provisions of Article 2 to 4 notwithstanding, provided, however, that this stipulation shall not prevail where the persons paying or receiving the prices, etc. have obtained the permission of the administrative authorities in accordance with the provisions of the Cabinet ordinance.
The determination as mentioned in the foregoing paragraph shall not affect those contracts which exist at the time when the determination is enforced if they fall within the purview of any one of the numbers mentioned in the proviso to Paragraph 1 of Article 2 at that time.
Article 8. Alterations in the terms of payment, or of delivery or other terms of contract (unless those which are based on such other laws or ordinances as prescribed in Article 6 and those determined by the decision, order, permission, approval or other disposition of the administrative authorities by virtue of other laws or ordinances), if prejudicial to the interests of the persons paying, shall be deemed to be raising the prices, etc. to that extent.
Article 9. On no pretext or ground shall an act be committed for evading the prohibitions as provided for in Article 2, Article 6 or Article 7.
Article 10. The competent Minister may, when deemed necessary, order the cost-taking in relation to prices, etc. in accordance with the provisions of the Cabinet ordinance.
Article 11. The administrative authorities may, when deemed necessary, take the reports relative to production, sale, carriage, storing, renting, insurance against loss or the work performed in accordance with the provisions of Article 31 of the National General Mobilization Law or may send the government officials concerned to factories, places of work, sales offices, warehouses, business-offices or any other places for inspection of the conditions of business, books and documents and/or any other articles relative thereto.
When the Government officials concerned are sent for inspection or examination in accordance with the provisions of the foregoing paragraph, they shall be made to carry a certificate in proof of their status.
Article 12. The present ordinance shall not prevail in respect of the prices, etc. mentioned hereunder:
1. Exchange quotations prevalent at the Exchange or at such rice and/or cereal markets as established and conducted by the Nippon
Rice & Cereal Kabushiki Kaisha or the Chosen Rice & Cereal Market Kabushiki Kaisha;
2. Prices for the transactions covered by export and import as between places other than the Kwantung Leased Territory, Manchoukuo and China and the territory where the present ordinance prevails, and carriage charges governing as between these territories;
3. Other prices that shall be governed by Cabinet ordinance.
Article 13. The present ordinance shall not be applied to those parties to contracts who do not make the particular contracts for profit-making, provided, however, that this stipulation shall not prevail where making that particular contract constitutes a part of his business affairs.
Article 14. Necessary matters concerning the enforcement of the present ordinance, other than those which are prescribed in the present ordinance, may be prescribed by Cabinet ordinance.
Article 15. The Ministers shall, in so far as the enforcement of the present ordinance is concerned, be respectively competent in accordance with the provisions contained in the following numbers:
1. Minister of Agriculture and Forestry with respect to the matters pertaining to the price of agricultural, forestry or aquatic products handled for sale by persons producing agricultural, forestry or aquatic products and juristic persons organized by them and also to the price of articles used exclusively in agricultural, forestry or aquatic industries;
2. Minister of Commerce and Industry and Minister of Finance with respect to the matters pertaining to the prices of sake and its kinds and alcohol as governed by the Sake Brewery Tax Law and of alcohol and beverages containing alcohol as governed by the Alcoholic Beverage Tax Law;
3. Minister of Commerce and Industry and Minister of Welfare with respect to the matters pertaining to the prices of medicines;
4. With respect to the matters pertaining to carriage charges and to storage and rentals as related directly to carriage, the Minister of Railways in the case of land-carriage and the Minister of Communications in the case of water-carriage and air-carriage;
5. Minister of Agriculture and Forestry with respect to the matters pertaining to the prices and rentals of fields, irrigated or not, forests and plains, rentals of live-stock, storage in warehouses of agricultural, forestry or aquatic products (excluding the warehouses operated by warehouseman or by juristic persons organized by merchants and/or industrialists) and also to the work performed upon agricultural, forestry or aquatic products and upon articles used exclusively in agricultural, forestry or aquatic industries;
6. Minister of Communications with respect to the matters pertaining to the prices and rentals of ships, provided, however, that the Minister of Agriculture and Forestry and the Minister of Communications shall be jointly competent for the matters pertaining to the sales-prices and rentals of fishing boats of less than 20 tons gross;
7. Minister of War or Minister of the Navy, as the case may be, with respect to the matters as prescribed in Article 2 if they relate to such arms, ammunitions, and/or ships, etc. as deemed necessary for protection of military secrets;
8. Minister of Commerce and Industry with respect to the cases other than those prescribed in any of the foregoing numbers;
9. The competent Ministers as specifically mentioned in the particular laws or ordinances with, respect to the matters pertaining to prices, etc. as prescribed in such laws or ordinances as provided in Article 6, the provisions of any of the foregoing numbers notwithstanding.
Article 16. The term "competent minister" as mentioned in the present ordinance, except the cases of No. 7 of the foregoing article, shall mean the Governor-General of Chosen in the case of Chosen, the Governor-General of Taiwan in the case of Taiwan, the Governor of the Government of Karafuto in the case of Karafuto, and the Governor of the Government of the South Sea Islands in the case of the South Sea Islands; and the term "Cabinet ordinance" the Government-General ordinance in the case of Chosen or Taiwan and the Government ordinance in the case of Karafuto or of the South Sea Islands.
Supplementary Provisions
Article 17. The present ordinance shall be enforced as from October 20th of 1939 (the 14th Year of Showa) provided, however, that the same shall be enforced as from October 27th of 1939 (the 14th Year of Showa) in the case of Chosen, Taiwan, Karafuto and the South Sea Islands.
Article 18. The provisions of Articles 2 to 4 shall remain in force until October 19th of 1940 (the 15th Year of Showa), provided, however, that the same shall remain in force even after the said day in regard to the application of the penal clauses concerning such acts as have been committed prior to the said day.
Article 19. The ordinances mentioned hereunder shall be abolished:
Ordinance No. 42 of the Department of Agriculture and Forestry of 1939 (the 14th Year of Showa): the Regulations Governing the Sales-prices of Agricultural, Forestry and Aquatic Products and of Articles Used in Agricultural, Forestry or Aquatic Industries;
Ordinance No. 24 of the Department of Commerce and Industry of 1938 (the 13th Year of Showa): the Regulations Governing the Sales-prices of Cotton Yarn;
Ordinance No. 31 of the Department of Commerce and Industry of 1938 (the 13th Year of Showa): the Regulations Governing the Sales-prices of Staple-fibre Yarn;
Ordinance No. 56 of the Department of Commerce and Industry of 1938 (the 13th Year of Showa): the Regulations Governing the Sales-prices of Commodities.
Ordinance No. 63 of the Department of Commerce and Industry of
1938 (the 13th Year of Showa): the Regulations Governing the Sales-prices of Artificial-silk Yarn;
Ordinance No. 75 of the Department of Commerce and Industry of 1938 (the 13th Year of Showa): the Regulations Governing the Sales-prices of Woollen-yarn;
Ordinance No. 63 of the Department of Commerce and Industry of 1939 (the 14th of Showa) the Regulations Governing the Sales-prices of Silk-yarn;
Ordinance No. 218 of the Government-General of Chosen of 1938 (the 13th Year of Showa): the Regulations Governing the Sales-prices of Commodities in Chosen.
Ordinance No. 63 of the Government of Karafuto of 1938 (the 13th Year of Showa): the Regulations Governing the Sales-prices of Commodities.
Ordinance No. 38 of the Government of the South Sea Islands of 1938 (the 13th Year of Showa): the Regulations Governing the Sales-prices of Commodities of the South Sea Islands.
The provisions mentioned hereunder shall be repealed:
Article 9 and Article 10 of Ordinance No. 45 of the Ministry of Commerce and Industry of 1938 (the 13th Year of Showa): the Regulations Governing Control of Distribution of Hides and Leathers:
Article 8 and Article 9 of Ordinance No. 31 of the Government-General of Chosen of 1939 (the 14th Year Showa): Regarding Matters Pertaining to Control of Distribution of Hides and Leathers in accordance with the provisions of Article 2 of the Law No. 92 of 1937 (the 12th Year of Showa);
Article 5 and Article 6 of Ordinance No. 84 of the Government-General of Taiwan of 1938 (the 13th Year of Showa): the Regulations Pertaining to Control of Distribution of Hides and Leathers;
Article 6 and Article 7 of Ordinance No. 36 of the Government of Karafuto of 1939 (the 14th Year of Showa): the Regulations Pertaining to Control of Distribution of Hides and Leathers.
The ordinances and provisions mentioned in the foregoing two paragraphs shall remain in force even after the enforcement of the present ordinance in regard to the application of the penal clauses concerning such acts as have been committed prior to the enforcement of the present ordinance.
Article 20. The sales-prices as of the day designated by the Minister of Agriculture and Forestry, the Minister of Commerce and Industry, the Governor-General of Chosen, the Governor-General of Taiwan, the Governor of the Government of Karafuto or of the Government of the South Sea Islands in accordance with the provisions mentioned hereunder shall be deemed to be the amount as of the designated day of Article 2:
Article 1 of Ordinance No. 42 of the Department of Agriculture and Forestry of 1939 (the 14th Year of Showa: the Regulations Pertaining to the Sales-prices of Agricultural, Forestry or Aquatic products and Articles Used in Agricultural, Forestry or Aquatic Industries;
Article 1 of Ordinance No. 56 of the Department of Commerce and
Industry of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Commodities;
Article 1 of Ordinance No. 218 of the Government-General of Chosen of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Commodities in Chosen;
Article 1 of Ordinance No. 114 of the Government-General of Taiwan of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Commodities;
Article 1 of Ordinance No. 63 of the Government of Karafuto of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Commodities;
Article 1 of Ordinance No. 38 of the Government of the South Sea Islands of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Commodities in the South Sea Islands.
Article 21. The designation or permission of sales-prices exercised by the Minister of Agriculture and Forestry, the Minister of Commerce and Industry, the Governor-General of Chosen, the Governor-General of Taiwan, the Governor of the Government of Karafuto, the Governor of the Government of the South Sea Islands, the Prefectural Governors, the Prefectural Governors of the Government-General of Chosen, the Prefectural Governors of the Government-General of Taiwan or the Governor of its detached government, or the Director of the detached offices of the Government of the South Sea Islands, in accordance with the provisions mentioned hereunder, shall be deemed to be such designation or permission pertaining to the amount of prices as exercised by the competent administrative authorities in accordance with the provisions of the proviso to Article 2, Paragraph 1, or Article 7, Paragraph 1, provided, however, that the Cabinet ordinance may otherwise prescribe:
Article 1 of Ordinance No. 42 of the Department of Agriculture of 1939 (the 14th Year of Showa): the Regulations Pertaining to the Sales-prices of Agricultural, Forestry and Aquatic Products and of Articles Used in Agricultural, Forestry and Aquatic Industries;
Article 1, Paragraph 2 of Ordinance No. 24 of the Department of Commerce and Industry of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Cotton yarn;
Article 1, Paragraph 2 of Ordinance No. 31 of the Department of Commerce and Industry of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Staple-fibre and Staple-fibre-yarn;
Article 9 of Ordinance No. 45 of the Department of Commerce and Industry of 1938 (the 13th Year of Showa): the Regulations Pertaining to Control of Distribution of Hides and Leathers;
Article 1 of Ordinance No. 56 of the Department of Commerce and Industry of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Commodities;
Article 1, Paragraph 2 of Ordinance No. 63 of the Department of Commerce and Industry of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Artificial-Silk-yarn;
Article 1, Paragraph 2 of Ordinance No. 75 of the Department of Commerce and Industry of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Woollen-yarn;
Article 1, Paragraph 2 of Ordinance No. 63 of the Department of Commerce and Industry of 1939 (the 14th Year of Showa): the Regulations Pertaining to the Sales-prices of Silk-yarn;
Article 1 of Ordinance No. 218 of the Government-General of Chosen of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Commodities of Chosen;
Article 8 of Ordinance No. 31 of the Government-General of Chosen of 1939 (the 14th Year of Showa): Regarding Matters Pertaining to Control of Distribution of Hides and Leathers as Based on the Provisions of Article 2 of Law No. 92 of 1937 (the 12th Year of Showa);
Article 5 of Ordinance No. 84 of the Government-General of Taiwan of 1938 (the 13th Year of Showa): the Regulations Pertaining to Control of Distribution of Hides and Leathers;
Article 1 of Ordinance No. 114 of the Government-General of Taiwan of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Commodities;
Article 1 of Ordinance No. 63 of the Government of Karafuto of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Commodities;
Article 6 of Ordinance No. 36 of the Government of Karafuto of 1939 (the 14th Year of Showa): the Regulations Pertaining to Control of Distribution of Hides and Leathers;
Article 1 of Ordinance No. 38 of the Government of the South Sea Islands of 1938 (the 13th Year of Showa): the Regulations Pertaining to the Sales-prices of Commodities of the South Sea Islands;
(For reference):
Extracts from the Law No. 55: the National General Mobilization Law as promulgated on April 1st, 1938 (the 13th Year of Showa):
Article 19. The Government may, in time of war, when deemed necessary for national general mobilization, issue necessary orders in connection with prices, carriage charges, storage, insurance premia, rentals or charges for workmanship according to the provisions of the Imperial Ordinance.
Article 31. The Government may, when deemed necessary for national general mobilization, demand reports or send the officials concerned to necessary places for inspection of the conditions of business or books, documents or any other articles in accordance with the provisions of the ordinance.
Imperial Ordinance No. 317 as promulgated on May 4, 1938 (the 13th Year of Showa) relates to matters pertaining to national general mobilization as enforced in the South Sea Islands.