Water Resources Development Public Corporation Law (Law No. 218 of 1961)

\VATER RESOURCES DEVELOPMENT PUBLIC CORPORATION LAW (Law No. 218 of 1961) Table of Contents Page Expenses for Facilities of Water Resources Officers and Ernp lo y e e s (Articles 7 - 17) ..... 11 Business (Articles 18 - 25) ..•............•. 15 Miscellaneous Provisions (Articles 50 - 57) .. 40 DevE;lol?ment and Others (Articles 26 - 33-2) 26 Finance and Accounting (Articles 34 - 47) .... 34 Chapt e r I Chapt er II Chapter III Chapt e r IV Cha pt e r V Cha pt c r VI Chal?ter VII Chapt er VIII General Provisions (Articles 1 - 6) Supervision (Articles 48 - 49) Penal Provisions (Articles 58 - 61) 9 39 44 Sup pl erne nt a r y Provisio!"' s 46 8 Chapter I General Provisions Purpose) ;'rticle 1 . The purpose of the Wat er Resources Development Public Corporation s hall be to contribute to the growth of national economy an d improvem ent of national lif e by executing the projects to de ve lop o r utiliz e wat er resources under the basic plan for water r e s o u r c es d ev elopment provided fo r in the Water Re sources De velopment Promotion Law (Law No. 217 of 1 96 1) (hereinafter re fer r ed to as "the b a s i c plan for wat e r r e s our c e s dev elopment") (St a t u s o f Juridical Person) Article 2 . The Water Resources Development P u b l i c Corporation (herein aft er referred to <'.s lithe Public Corpo:::-ation") shall be a juridical per son. (Office s ) A r t i cle 3 . The main offi ce o f th e P ublic Corporat ion shall be lo cated in To ky o -to. 2 . T h e P u b lic C or por a t io n r:1ay , wi th t he approval of t h e Prime Mi nis t e r hav e subsid i ary offices at app ropriate places . (C a p i t al) Ar ticl e 3 -2 . T h e cap it a l of the Public Corporation shall be three h undred mil.lion y en, all o f whi ch sha ll be inve st ed by the Go vernmen t. 9 2. The Governrnent may. when it deems necessary, make an additional investment in the Public Corporation within the amount appropriatec by the national budget. 3. The Public Corporation shall. when the investment has been made by the Government, as provided for in the preceding paragraph, in crease the capital by the amount of that investment. (Registration) Article 4. The Public Corporation shall effect registration in accordanc with the relevant Cabinet Order. 2. The matters required to be registered in accordance with the pro visions of the preceding paragraph cannot have effect against a thir party until they have been registered. (Restriction on the Use of Name) Article 5. No person other than the Public Corporation may use the nan of the Water Resources Development Public Corporation. (Ap?lication Mut at i e Mutandis of the Provisions of the Civil Code) Article 6. The provisions of Article 44 (c ap ac ity to commit torts) and c Article 50 (domicile of juridical per sons) of the Civil Code (Law No. 89 of 1896) shall apply mutatis mutandis to the Public Corpo ration. 10 C ha p t er IT O ff i c er s and Employees (Officers) Article 7. Th e Pub li c Cor poration shall have as i t s officers one president. one vic e-pr es id ent , e ight directors or less and two auditors or less. (Duties and Powers of O ff i c e r s ) Article 8. The Pre s ident s h a ll repres ent the Public Corporation and presid e ov er t h e b us iness t h er eoL 2. T he Vi c e- P re siden t shall rep res ent t he Publ ic Corporation and ass ist th e Pres ident in mari ag ern ent o f t h e bus iness of t h e Public Corporat io n under the direct io n of the President; he shall ac t fo r the P r e s id e n t in c ase whe r e the l att er is pr e v ented f r o m a t t crid i n g to his dut ie s and h e s ha l l discharg e the dut ie s of the President in case wh ere the o ff ice of the latt er i s v a c a n t. 3. Th e di r e c to r s s hal l a s s ist t he President and the Vice-Pr esident in man a gement or the bu siness of the Public Corporation und er the dir e c t ion o f the P re sident, s h a ll ac t for the Presi.dent and th e V ice Pr e s id en t in c a s e where th e y a r e p rev ented fr o m a ttend ing to the i r dut i e s . a nd s ha l l d i s c ha r g e the dut i e s or the Pres ident and the V ice Pres i d en t in c a s e where their o ff ice s are v a cant . 4. The audito r s shall audi t th e busin es s of the P ub l ic Co rporat io n. 5. The aud ito r s . w h e n deemed necessary on the basis of the results of th e ir a ud i t ing. may submit t h eir opinions to the President or the co m p et ent Min i s te r . 11 (Appointment of Officers) Article 9· The Presiaent and the auditors shall be appointed by the Prime Minister. 2. The Vice-President and the directors shall be appointed by the President with the approval of the Prime Minister. (Term of Office of the Officers) Article 10. The term of oEfi c e of the officers shall he four years. How ever, the term of office of a substitute officer shall be the re mainder of the term of office of his p r ed e c e s so r , 2. The officers may be re-appointed. (Provisions concerning Disqualification of Officers) Ar t i c l e 11. No person who falls under any of the following items can be appo int ed as off i c e r : (1) Officials of the National Government or 2. local public body (except p e r s cn s in p ar tv t i m e service); (2) Such persons erig a g ed in rnan uf a ct u r e 0-;;" sale of commodities or such contractors for construction as has close interests wit the Public Corporation in connection with his business; or wh e the person or contractor concerned is a juridical person, directors thereof (including any person, regardless of his t it l e who has the competence or influence which is equal to or sur passes that of directors); 12 (3) Directors of an association of persons engaged in the business referred to in the preceding (including any person. regardless of his title. who has the competence or influence which is equal to or surpasses that of directors). (Dismissal of Officers) Article 12. The Prime Minister or the President shall, in case where an officer appointed by him falls under any of the items of the pre ceding Article. dismiss such officer. 2. The Prime Minister or the President may dismiss an officer he appointed if he deems that the officer falls under any of the follow ing items or is otherwise unsuitable [or the post of officer: (1) In case where he is deemed to be incapable of discharging his duties owing to some mental or physical disorder; (2) In case where he has acted in contravention of his duties. 3. When the President intends to dismiss. in accordance wi.th the pro visions of the preceding paragraph. an officer who m he appointed. he shall obtain beforeha.nd the approval of the Prime Minister. (Prohibition of Officer's Concurr ently Holding 'O't h e r- Posts) Article 13. No officer of the Public Corporation shall be directors of any commercial organization or engage himself in any commercial enterprise. 13 (Rcstr ict io:1. o n t h e Right of Repres e n tat io n) Article 14. Wit h respect t o a matt er w h e r eupon the interest of the Pres inent or the Vic e-Presid ent conflicts with that of the Public Corpor a t ion . ne it h e r of the m shall have t h e rig ht o f r epr esentat ion . but t he auditors s hall repr es en t the P ublic Co rporat ion. (Nomination of Ag ent) Arti cle 15 . T h e Pres i dent a nd th e V ice-Pres ident m ay nominate f rom among t he d ir e c tc r s and emplo yees of the Public Corporatio n an agent who is authorized to do in or out of court all acts concerning the busin ess o f a subordinate office of the Public Corporat ion. (Appo intment o f Emp loyees) Article 16. The employees of the Public Corporation shall be appointed by the Pr es id ent. (St a t u s of O ff icers a nd Emp lo y e es) Ar ticle 17. The o If i c e r s and emplo yees of the Publi c Corporation s h a l l , in s o far as th e ap plicatio n of the Criminal Code (Law No . 45 of 19 07) a nd other penal p r ov i sion s 1 S c o n e e r n e d , b e deem ed t o be per s on s en g a g e d in p ublic se rv ic e und er the laws and ordinances. 11 Chapter III Business (Business) Article 18. The Public Co r po r at io n shall conduct the following business to attain the purpose specified in Article 1: (1) Construction or reconstruction of the following facilities (except those for power generation) under the basic plan for water r e s o u r c e s development: a. Establishment for development and utilization of water re sources, such as dam. estuarial weir, facility regulating water-level of lake or marsh, multipurpose water channel. exclusive- us e irrigation channel; b. Facilities closely related to those enumerated in a , (2) Such operation. maintenance, repair and other management of the facilities as established by the execution of the business mentioned in the preceding item (hereinafter referred to as "facilities for water resources development"); (3) Execution of restoration works on damages of facilities for water resources development; (4) Conduct of business incidental to the business specified in the preceding three items. 2. The Public Corporation shall conduct the following business rn ad dition to the business specified in the preceding paragraph: 15 (l) Operation. maintenance. repair and other management of the irrigation facilities of Aichi and Toyogawa (the facilities originated from the execution of the business specified in item (l) a and b of paragraph 1 of Article 18 of the former Aichi Irrigation Public Corporation Law (Law No. 141 of 1955) and taken over by the Water Resources Development Public Corpo ration under the provisions of paragraph 1 of Article 2 of the Supplementary Provisions of the Law for Partial Amendment of the Water Resources Development Public Corporation Law (Law No. 73 of 1968); hereinafter the same}. (2) Execution of restoration works on damages for the irrigation facilities of Aichi and To yo g awa , (3) Conduct of business incidental to the business specified in the preceding two items. 3. The Public Corporation may conduct the following business on com mission. in so far 2.S they do not hinder the conduct of the business specified m the preceding two paragraphs. provided that in case of the conduct o I business specified in items (3) and (4) the Public Corporation must obtain beforehand the approval of the Prime Miri i s t e r : (l) Investigation. survey. design. examination or study concerning the development or utilization of water resources; (2) Co n s t r uc t i on , reconstruction or management of facilities for po w e r generation of those mentioned in item (I) a of paragraph 1 and execution of restoration works on damages thereof; 16 (3) Execution of construction works of facilities for the development or utilization of water resources or works closely related there to; (4) Management of facilities for the development or utilization of water resources. (Project Execution Principles) Article 19. In accordance with the relevant Cabinet Orders, the compe tent Minister shall, on the basis of the basic plan for water re sources development. determine the principles on execution of the business specified in item (1) of paragraph I of the preceding Article and give guidance of the principles to the Public Corporation through the Prime Minister and at the same time make public notification of the outline of the p r iric ip l e s: the same shall apply in case of revis ing the principles. 2. When the competent Minister int en d s to determine or revise the project execution principles mentioned in the preceding paragraph. he shall b efo r e hand consult with the heads of the administrative agencies concerned, and hear the opinions of the governors of the interested prefectures. (Project Execution Plan) Article 20. 'When the Public Corporation intends to conduct the business s p e c if i ed in item (1) of paragraph 1 of Article 18, it shall, in ac cordance with the relevant Cabinet Orders, formulate the project execution plan on the basis of the relevant project execution principles 17 mentioned in paragraph 1 of the preceding Article. and consult with the governors of the interested prefectures and obtain the approval of the competent Minister; the same shall apply in case of revising the plan. 2. In ic a s e where the Public Corporation intends to formulate or revise the proj ect execution plan according to the provisions of the pre ceding paragraph, if there is a specified per son who intends to use the running water. utilizing the facility for water resources develop ment designed under the project exeuction plan, for the purpose of the municipal or industrial water supply. the Public Corporation shall hear beforehand the opinion of that person in accordance with the relevant Cabinet Order. and shall obtain the consent of the same person on t h e expenses to be borne. as provided for in paragraph 1 of Article 29. by the person mentioned above for the construction or r e c o n s t r u c t i o n of the facility for water resources development. The same shall apply to the case w h e r e there is a specified l arid improvement d i st r i s t organized by those who intend to use the run ning water for the purpos e of irrigation, utilizing the facility for water resources d ev elo p m eat d e s i g n ectund e r the project ex e c ut i o n plan. 3. The land i rrip r o v ernen t district shall. i n accordance with the relevant Cabinet Order, secure the decision of the general meeting and obtain the" consent of two thirds or more of the members of the district who intend to use the run:1ing water prescribed in the same paragraph for the purpose of irrigation. to give the consent prescribed in the pre ceding paragraph. 18 4. When the c o rnp et ent Minister has approved a project ex euctio n plan under the provisions of paragraph 1 in relation to the business of irrigation and drainage prescribed in item (1) of paragraph 1 of Article 18 (excluding the business related to the facilities specified in item (2) of Article S5 (hereinafter referred to as "specific facilities")), he shall rnak e such public notification of the approval in accordance with the relevant Cabinet Order. (Succ es s io n of Wor k s , etc.) Article 20-2. The projects corresponding to the business of the Public Corporation fixed by the project execution principles under the pro visions of paragraph 1 of Article 19 (hereinafter referred to as "State project of water resources d ev e Io prnent " in this Article and m Article 30) out of the projects which the Minister of Construction is executing as river wo rks provided for in the River Law (Law No. 167 of 1964) and the projects which the State is executing as land improvement projects, s ha l l be executed by the Public Corpo ration as its b u s i n e s s from the next day of the notification provided for in the next paragraph. The same shall apply to such projects as are p r o po s ed by the pI' efectures concerned to the competent Mii:1ister as p r o j e ct s to be executed by the Public Corporation and that corresponding to the business thereof, fixed by.the project execution principles under the provisions of paragraph 1 of Article 19 (hereinafter in this Article referred to as "prefectural pro jects of water resources development") out of the projects which prefectures are executing as land improvement projects. 19 2. Wh en the competent M in i s t e r has a uthorized the p roject execut ion plan pro vided for in paragraph 1 of the preceding A r t i cle with re spect to the bus iness 'o f t h e Public Corporation concerning the pro ject of the State p r oj e c t o f wat e r resources development or the preiectural project of water resources development. he shall make public not ification o f the approval. in accordance with the relevant Cabinet Order. 3. At the time when the Public Corporation has come to execute the State projec t of water resources development as its own work ac cording to the provisions of paragraph 1. it shall take over the rights and obligations (including the liabilities of the Special Account of the Specified Land Improvement Wor ks concerning the same State pro j ect o f w a t e r resources dev elopment to be paid i n to th e Special Account of t h e T'r u s t F und Bureau, but excluding the rights and dut ies pro vid ed for b y Cab i net Order). 4. In case whe r e t he Public Corporation comes t o ex ecute t h e State project of. water r e so u r c e s development as its own work accord ing to the p r o v i s io n s of paragraph 1. wh e n the Minister of C ons truction is executing such works closely related to the s arn e Stat e project of water resources development (hereinafter referred to as "related works" in this Artic le) as are connected with power generation . or when the State is executing related works on commission. the Public Corporation shall succeed to all the rights and obligations of the State co ncern ing the related wor ks (exclud ing the r ights and obligations to be prov ided for b y Cabinet Order) at that time when 20 the Public Corporation comes to execute the same State project of water resources development as its own work. However, this does not apply to the related works executed by the State on cornmi s s icn , which the State cannot obtain the consent of the person whom the State commis sioned the wo r k s . 5. In case w h er e the Public Corporation succeeds to the rights and obligations of the State according to the provisions of the preceding paragraph, the proviso of paragraph 3 of Article 18 shall not apply to the conduct of business of the Public Corporation concerning the related wo r k s . 6. When the Public Corporation has come to execute the pr efectural project of water resources development as ir s own work according to the provisions of paragraph 1, the prefecture concerned and the Public Corporation shall decide, through consultation. the succes sion to the Public Corporation of the rights and obligations of the s arn e prefecture with respect to the prefectural project of water re sources development. 7. Wh en the Stat e project of water resources development. which the Public Corporation has come to execute as its own work according to the provisions of p a r ag r ap h 1. concerns land improvement works, the Public Corporation shall. in accordance with the relevant Cabinet Order, pay to the National Treasury the sum corresponding to the part of the expenses paid by the State in carrying out the same State project of water r e sour c e s development, out of the sum of the ex penses to be borne under the provisions of paragraph 1 of Article 2.9. Article 30 0 r Article 31. 21 (Application Mutatis Mutanci.is of the Land Improvement Law) Article 20-3. In case where the Public Corporation conducts the business related to the irrigation and drainage works provided for in item (1) of paragraph 1 of Art i c l e 18 (excluding any business related to speci fic facilities), the provisions of paragraph 2 of Article 122 of the Land Irnp r o v e m erit Law (Law No. 195 of 1949) (compensation for losses incurred in land improvement projects) shall apply mutatis mutandis. In this case, "public notification according to the pro visions of paragraph 3 of Article 10, paragraph 8 of Article 48 (including the application mutatis mutandis in paragraph 3 of Article 95-2 and paragraph 5 of Article 96-3), paragraph 4 of Article 87 (including the application mutatis mutandis in paragraph 4 of Article 87-2 and paragraph 6 of Article &7-3). paragraph 4 of Article 95, paragraph 7 of Article 96-2, paragraph 10 of Article 98 or paragraph 12 of Article 99 (including the application mutatis mutandis in p<,.ra graph 2 of Article 100-2 (including the application mutatis mutandis in Article Ill) and Article lll)" shall read "public notification ac c o r d i ng to t n e provisions of paragrarh -". of Article 20 of the Water ReSOL\rCeS Development Public Corporation Law (Law No. 218 of 1961 )". (Policy of Facilities Managem::;nt) Article 21. The competent Minister may, In accordance with the relevant Cabinet Order, determine a policy of the facilities management con cerning the business provided for in item (2) of paragraph 1 and 22 item (1) of pa r a g r ap h Z. of Article 18 • and indicate it to the Public Corporation. In this case. the competent Minister shall beforehand consult with the h e ad s iof the administrative ag en c i e s concerned and hear the opinions of the governors of the interested prefectures. The same shall apply to the revision of the policy. (Regulations of Facilities Management) Article 22. The Public Corporation shall, in case where it conducts "the business prescribed in item (2) of par a.g r aph 1 of Article 18, frame regulc..tions of facilities management in accordance with the pro visions of Cabinet Order and on the basis, if any, of the policy of facilities manc..gement mentioned in the prec eding Article and hold a consultation with the governors of the interested prefectures and the person who gave his consent to the expenses necessary for the construction or reconstruction of the facilities conc e r n e d , provided for in paragraph 2 of Article 20, and then obtain the authorization of the competent Minister; the same shall ap p ly to the revision of the regulations. 2.. The Public Co r p c r at i o n shall, in accordance with the relevant Cabinet Order. in c a s e where it conducts the business prescribed m i t ern (1) of p a r a gr ap h 2 of Article 18. frame regulations of facili ties management and on the basis. if any, of the policy of facilities management provided for in the preceding Article if the Public Corporation has been directed to follow it, and hold a consultation with the governors of the concerned prefectures. the persons intending 23 to use the running water, utilizing the concerned facilities for the purpose of power generation, municipal or industrial water supply, and the land improvement district 'o r g an iz ed by those intending to use the running water. utilizing the concerned facilities for the purpose of irrigation. and then obtain the authorization of the cOITlpe tent Minister. The s arne shall apply to the revision of the regula tions. 3. In case where the competent Minister intends to give the authoriza tion mentioned in the preceding two paragraphs, when the regulations of facilities rnanag ement concern the darn provided for in Article 44 of the River Law, he shall beforehand consult with the river adrninis t r ato r . (Exceptions to the River Law) Article 23. The specific facilities shall be regarded as facilities of river administration provided for in p a r a g r ap h 2 of Article 3 of the Riv e r Law, and the Public Corporation, despite the provisions of Article 9 (the a d m i n i s t r at io n of the first rate river) and Article 10 (the aci ministration of the second rate river) of the same law, may con struct or reconstruct the specific facilities for r iv e r administration or administer the specific facilities thus constructed or reconstruced 2. I!1 case where the Public Co r po r at io n constructs or reconstructs the specific facilities or administers the specific facility thus construct eo or r e c o n s t r uct ad according to the provisions of the preceding para graph, it may exercise the competence of the river administrator 24 pres cribed in the Riv er Law in a c co r d anc e with the relevant Cabinet Or d er. 3. Wh en the P ub li c C o rpor a t ion i nt eri d s to start the cons truction o r re const r u c t ion o r a. s p e c if i c f a c i lity , or w e e n it has compl et e d t h e wo rks co n cer n e d . it s hall ma ke public notif icat ion t her eof in ac cordance wi th t he rel evant Cabin et Order. 4. The provisions of Ar ticle 47 (the regulations of darn o p e r at ion] of the River Law shall not apply to the darn constructed by the Public Corpo ration. [In st r uct io n s of the Minister of Construct ion concerning Operation of Specific Facilities) Ar t icle 24. When the ~viini ster o f Co n s t r u c t io n recogniz es an u rgent n e ed t o prev ent a flo od , h e ma y, i n a ccordance wi t h t he relevan t C abinet Or d er, g ive in st r uct io n s co nc e r n in g t h e o p e r at i o n of t he spec ific fa c ili t y to th e P ub l i c C o r po r at i o n withi n t he ne e d o f t h e u!:ge!1cy . (Notice for Pr evention o f Dang e r , e t c . ) Ar t i c l a 25. In ca s e w h e r e t h e Pl1.blic C c r po r at i c n recog n i z es that a s erious cha n g e in t he stat e o f t h e r unnin g wa t e r wi l l b e cau s ed b y t h e o p e r a t i o n o f th e fa cility for w at e r re sour ces development or t he i r r i g a t io n fac ilit ies o f Ai c h i and T o yo g a wa. whe n d eemed necess a r y to p revent t he d anger accom.panied by i t . it shall. in accordance w i t h the rele vant C a binet O r d ers. n c t ify b efo reh a nd to the go vernors o f t he i n ter e s ted p r ef cct u r e s , t h e h ead s of c it ies. towns and vi ll a g es and th e c hief s o f the poli c y stat ions co ncer n ed and then take n ec essar y m eas u r e s to make i t kn own to the public. 25 Chapter IV z.xp cn s e s for Facilities of Water Resources De v e lo prn ent and Others (National Grant for Sp e ciIi c Facilities. et c i ) Article 26. The State shall grant to the Public Corporation the expenses for flood control and other expenses prescribed by Cabinet Order out of the exp en s es necessary for construction or reconstruction of the specific facilities. 2. The scope of the expens es prescribed in the pI' eceding paragraph. the method of calculating the amount of the grant prescribed in the same paragraph, and other matters necessary for the grant pre scribed in the same paragraph shall be provided for by Cabinet Order. 3. The prefecture shall pay a part of the amount of money which the State grants to the Public Corporation according to the provisions of paragraph 1. 4. The rate of the share of the prefecture referred to in the preceding paragraph and other n ec e s s a r y matter s concerning the money to be borne by the prefecture according to the provisions of the same parag-raph shall b e provided for by Cabinet Order. Article 27. The State shall grant to the Public Corporation the expenses for flood control and other exp en s e s prescribed by Cabinet Order out of the expenses necessary for operation. maintenance. repai:r and other management of the specific facilities and the expenses necessary for restoration works on damages. 26 2. The scope of the expenses pr escribed in the preceding paragraph, the method of calculating the amount of the grant prescribed in the same paragraph and other necessary matters ccncering the grant of the s arn e paragraph shall be provided for by Cabinet Order. 3. T)1e prefecture shall bea r a part of the arrio unt of money which the State grants to the Public Corporation according to the provisions of paragraph 1 4. The provisions of paragraph 4 of the preceding Article shall apply mutatis mutandis to the amount of money to be paid by the pr e fecture provided for in the preceding paragraph. 5. With respect to the application of the State Liability Law for the Expenses of Restoration of Damage to the Facilities of Public Engineering Works (Law No. 97 of 1951), the total amount of the expenses for restoration works on damages prescribed in paragraph 1 of Article 4 (rate of national grant) and Article 4-2 (special rate of State liability to disasters occurring in three successive years) of the same 12-W s h a l l include the expenses provided for in pa.r ag r ap h 2 of Article 4 of the 52-me law a.s well as the amount granted to the Public Corporation for restoration wo;rks on damages (except tho sa provided for by Cabinet Order) according to the provisions of para graph 1. 27 Article 27-2. In case cf the second rate river, out of the expenses neces sary for construction or reconstruction of the specific facilities or the exp en s es necessary for managing the same facilities. the ex penses for flood control and other expenses provided for by Cabinet Order shall be separately provided for by another Cabinet Order, regardless of the p r o v i s io n s of the preceding two Articles. (Bearing of Expenses) Article 28. In case where the national grant for ccnstruction or recon struction of the specific facilities provided for in paragraph 1 of Article 26 includes the grant for irrigation, those who use the run ning water for the irrigation purpose, utilizing the same specific facilities by constructing or enlarging an equipment of exclusive use, shall bear a part of the expenses necessary for the construc tion or reconstruction of that specific facilities. in accordance with the relevant Cabin e c Order. 2. The money to be paid prescribed in the provisions of the preceding paragraph shall. i n accordance wit h the. relevant Cc.binet O'r d e r , be collected and delivered to the State by the gov e r no r of the pre fecture cc n c e r n ed . Article 29. The Public Corporation shall. in accordance with the rele vant Cabinet Order, make bear the expenses necessary for con .st r uct ion , reconstruction. man a.g e m ent and disaster restoration works of the facilities for water resources development concerned to those who use the running water for the purpose of municipal or 28 industrial water supply. utilizing a facility of a water resources development, or the land improvement district organized by those who use the running water for the irrigation purpose, utilizing a facility of water r e sc u r c e s development (except the specific facili tics for which grant for irrigation is included in the national grant for its construction or reconstruction mentioned in paragraph 1 of Article 26). 2. The Public Corporation shall, in 'accordance with the relevant Cabinet Order, make bear the expenses necessary for management and disaster restoration works thereof to those who use the running water, utilizing the irrigation facilities of Aichi and Toyogawa for the use of power generation, municipal or industrial water supply, or the land improvement district organized by those who use the running water, utilizing the irrigation facilities of Ai c hi and Toyogawa for the purpose of irrigation. Ar t i c l e 30, The p r e.iec t u r a , which covers a part or the whole of the land which receives the benefit from the irrigation and d r a in a g e wo r k s executed as the bu s in e s s of the Public Corporation provided for in items (1) to (3) inclusive of paragraph 1 of Article 18 ;;'5 well as items (1) and (2) of paragraph 2 of Article 18 (except when the grant for irrigation is included in the national grant for the construction or reconstruction of the specific facilities prescribed in paragraph 1 of Article 26; her einafter the same), shall, in a c c o r d an c e with the relevant Cabinet Order. pay to the Public Corporation a part 29 of the expenses of the business (including the exp en s e s paid by the State in executing a State proj ect of water resources development when the business concerns the State project which the Public Corporation has come to execute according to the provisions of paragraph. 1 of Article 20-2). (Beneficiary's Charge of Expenses) Article 31. When there is any person who receives substantial benefits from the construction or reconstruction of a facility for water resources development, the Public Corporation may, in accordance with the r el evant Cabinet Order, make him bear a part of the ex penses of the construction or reconstruction thereof within the limit of the benefit received. (Coercive Collection) Article 32. When there is any person who has failed to pay within the time limit of pa y m ent the expense to be borne as provided for in pa r ag r aph 1 of Article 23. Article 29 or the preceding Article. the governor of the prefecture concerned or the Public Corporation rnu s t press the person to make the payment, designating a time limit. 2. In pressing a person to make payment according to the provisions of the preceding paragraph, the governor of the prefecture or the Public Corporation shall.issue a letter of pressing to the person responsible for payment; in this case, the t irn e limit of payment to be designated by the letter must be a day after the lapse of twenty days or more from the day of its issue. 30 3. If the person responsible for payment who has been pressed under the provisions of paragraph I does not pay the expense to be borne by him and the arrears mentioned in paragraph 5 within the desig nated time limit, the governor. according to the provisions of coercive collection of local t ax e s , and the Public Corporation. ac cording to the provisions of coercive collection of national t ax e s and with the approval of the Prime Minister. may institute a pro cess for recovering of t ax e s in arrears. 4. The order of priority of the collection under the provisions of the preceding paragraph shall be subj ect to that of the national and local taxes. and its prescription shall be the same as that of the national taxes. 5. When the governor of the prefecture or the Public Corporation has pressed for payment under the provisions of paragraph 1. it may collect arrears at the rate of four sen to one hundred yen per day for the number of days counted from the day following the last day of the time limit of payment up to the day before the day of its com plete payment or the day of the seizure of the property. Ho w ev e r , this shall not apply 'co the c a s e wher e provided otherwise by bylaw of the prefecture or Prime Minister's .Offi c e Ordinance. S. The arrears collected by the governor of the prefecture according to the provisions of the preceding paragraph shall revert to that .p.r ef ectur e. 31 (Allotment of Expenses to Members of Land Improvement District) Article 33. In case where a land improvement district bears the expenses under the provisions of Article 2'9, the expenses to be borne shall be regarded as expenses necessary for the business of the land im provement district, and the. provisions of paragraphs 1, 2 and 4 of Article 36 (allotment of expenses), Article 38 (commission of the collection of allotments, et c . ] and Article 39 (collection of allot ments. etc.) of the Land Improvement Law shall apply thereto. (Adjustment of Matters involved in the Rights) Article 33-2. In case where the Public Corporation has conducted the business related to the irrigation and drainage works to be executed as the business p r e s c r i b ed in items (1) to (3) inclusive of para graph 1 and items (1) and (2) of paragraph 2 of Article 18, the pro visions of Article 59 (the b en ef i c i a l expenses to be redeemed), Article 62 (the claim by members for i n c r e a s e in land rent and others) and Article 65 (the application of the Agricultural Land Law) of the Land Improvement Law shall apply mutatis mutandis thereto. In this case, "Land i m p r o v e rn en t projects" in Article 59 and in para g r aph 1 of Article 62 of the same Law sha.ll read "the business re lated to the irrigation and drainage works to be executed by the Water Resources Development Public Corporation as the business prescribed in items (1) to (3) inclusive of paragraph 1 of Article 18 and items (1) and (2) of paragraph 2 of the same Article of the Water Resources Development Public Corporation Law (excluding 32 the business related to the specific facilities stipulated m paragraph 4 of Article 20 of the same Law for which the grant for irrigation is included in the national grant for the construction or reconstruction of the s arn e specific facilities as provided for in paragraph 1 of Article 26 of the same Law)"; and "a m errib e r " in paragraph 1 of Article 62 of the s arn e Law shall read "the member who has paid the money imposed and collected by the land improvement district under the provisions of paragraph 1 of Article 36 of the Land Im provement Law with the application of the provisions of Article 33 of the Water Resources Development Public Corporation Law. " 33 Chapter V F inance and Accounting ([llls iness Year) Art icle 34. The business year of the Public Corporation shall begin every year on the 1st of A p r il a nd end on the 31 st of March in the follow ing year. (Authorization of Budget of Revenues and Expenditures, et cv ) Article 35. The Public Corporation shall, before the beginning of each business year, pre?are the budget of revenues and expenditures, business plan and funds program for the year and obtain the author ization of the Prime Minister. The same shall apply to the revision of them. [Scttl ernent of Accounts) Article 36. The Public Corpor ation shall complete its settlement of accounts of eac h business y e a r b y th e 31 s t of J u l y in t h e followin g business year. (F inancial Statements) ..l." icle 37. The Public Co rpora t ion shall prepare its inventory, balance sheet and statement of pro fit and loss (her einafter referr ed to as "financial s tatements" in the next paragraph) for each bus iness year and submit them to the Pr ime M inister and obtain his approval within two months after the completion of the settlement of accounts . . 34 2. When the Public Corporation submits the financial statements to the Prime Minister under the provisions of the preceding paragraph, it shall attach to them the report of the final accounts of the business year concerned. p r ep a r e d according to the division of the budget and written opinions of the auditors on the financial statements and the report of the final accounts. (Disposal of Profit and Loss) Article 38. In case where there is any profit in any business year in the account of the profit and 10 s s , the Public Corporation shall us e it to cover the loss carried over from the preceding business year. and when there still is a surplus, it must be disposed as the re serve fund. 2. In case where there IS any loss in any business year in the account of the profit and loss, the Public Corporation shall cover it by r e dueing the reserve fund provided for in the preceding paragraph. and when there still remains a deficit. it must be disposed as carried-over deficit. (Loan and the Water Resources Development Bonds) Article 39. The Public Corporation may, with the authorization of the Prime Minister, obtain a long or short term loan or issue the Water Resources Development Bonds (hereinafter referred to as "the Bonds") 35 2.. The short term loan provided for in the preceding paragraph shall be redeemed within the business year concerned. However. such part of loan as cannot be redeemed by the shortage of funds may be converted with the authorization of the Prime Min i st e r , 3. The converted short term loan provided for in the proviso of the preceding paragraph shall be redeemed within one year. 4. The obligees of the Bonds under the provisions of paragraph 1 shall be entitled to receive the payment of their debt out of the property of the Public Corporation in preference to other creditors. 5. The order of the preferential right provided for in the preceding paragraph shall be subject to that of the provisions of the Civil Code. 6. The Public Corporation may. with the aut ho r-iz at io n of the Prime Minister. commission a bank or a trust company with a part or the whole of the business related to the issue of the Bonds. 7. The provisions of Articles 309 to 311 inclusive (rights and duties of commissioned companies) of the Commercial Code (Law No. 48 of 1899) shall apply mutatis mutandis to a. bank or trust company commissioned provided for in the preceding paragraph. 8. The necessary rnatt e r s con c e r n i n g j.he Bonds. except those provided for in p a r a g r ap h 1 and paragraphs 4 to 7 inclusive. shall be pro vided for by Cabinet Order. (Loan from the Government. et cv ) Article 40. The government may make a loan of long or short term to the Public Corporation or underwrite the Bonds of the Public Corporation. 36 (Guarantee of Obligation) t\rticl~ 4L The government. regardless of the provisions of Article 3 (prohibition cf a contract of guarantee) of the Law concerning the Restriction on the Governmental Financial Aid to Juridical Persons (Law No. 24 of 1946), may make guarantee for the obligation (ex eluciing the obligation for wh i c h the Government can make guar antee under the provisions of Article 2 of the Law concerni.ng Special Measures relative to Introduction of Foreign Capital from the International Bank for Reconstruction and Development. etc. (Law No. 51 of 1953)) concerning a long term loan or the Bonds of the Public Corporation. within the amount approved by the decision of the National Diet. (Redemption Plan) Ar t i c l e 42. The Publ i c Corporation shall. for each business year, work out a redemption program of the long term loans and the Bonds and obtain the autho r izat io n of the Prime Minister. (Subsidy) Ar!icle 43 . The gov e r nrnent may . in accordance with the relevant Cabinet Order. subsidize the Public Corporation fo r a part of the expenses necessary for the business prescribed in item (1) or (3) of para graph 1 of Article 18 or item (2) of paragraph 2 of the same Article within the limit of the budg et . 37 (! :ll1ployment of Surplus Money) i\r:ide 44. The Public Corporation shall not employ the surplus money available from the business in any other way than the following: (1) Holding of national bonds and other securities designated by the Prime Minister; (2) Depositing in a bank and other financial institutions designated by the Prime Minister or in postal savings. (!1,,~5t:;iction on Disposal of Property. et c ; ) Article 45. The Public Corporation shall obtain the permission of the Prime Minister when it intends to transfer, exchange or mortgage such important property as provided for by Prime Minister's Office Ordinance. (St.:J.ndards of Payment of SaIa r i e s and Retirement Allowances) Article 46. The Public Corporation shall obtain the approval of the Prime Minister wh en it intends to determine or revise the standards of payment of salaries and retirement allowance for its officers and employees. (S:l;:rusting to Prime Min i st e r ',« Office Ordinance) ..:..rticle 47. The necessary matters concerning the finance and the account ing of the Public Corporation. besides thos e p r ov id e d for in this Law and. Cabinet Orders based thereupon. shall be provided for by Prime M'in i s t e r l s Office Ordinance. 38 l:!l1p~rvision) Chapter VI Supervision ;\rticle 48. The Public Corporation shall be supervised by the competent Minister. 2. The competent Miri i s t e r may, in case where he deems it necessary for the execution of this Law, issue to the Public Corporation. orders necessary for its supervision on its business. 3. The Prime Minister may make the necessary adjustment to the supervision by the competent Minister provided for in paragraph 1. [Re po r t and Inspection) Article 49. The competent Yiinister may, in case where he deems it necessary, require the Public Corporation to submit a report and have his officials erit e r into the office of the Public Co r po r at io n to inspect the state of the bu s i n e s s , the books, the documents and other necessary things. 2. Any of the officials who make t h e spot inspection under the provisions of the preceding p a r a g r ap h shall ca::ry his identification card with him and show it to the persons concerned. 3. The right of entrance for inspection provided for in the preceding paragraph shall cot be construed as such bestowed for the purpose of criminal investigation. 39 (Di 5 so lution) Chapter VII Miscellaneous Provisions ,i.rticle 50. The dissolution of the Public Corporation shall be separately provided for by another law. (fl.equest for Reinvestigation) Article 51. Any person who has a complaint against any disposal of the Public Corporation based on the provisions of this Law may make a request for reinvestigation provided for in the Administrative Complaint Reinvestigation Law (Law No. 160 of 1962) to the compe tent Minister. (Consultation) Article 52. The Prime Minister shall b efo z e harid consult with the compe tent Minister in the following cases: (1) When he intends to give the permission or authorization under the provisions of paragraph 2 of Article 3, the proviso of para graph 3 vi Article 18. Article 35 or Article 45; (2) Wher. he intends to give the ap p r o v a l provided lor in paragraph 1 of Article 37; (3) When he intends to issue a Prime Minister's Office Ordinance as provided for in Article 47. 40 Article 53. The competent Minister shall consult beforehand with the Prime Minister in the following. cases: (1) When he intends to give the authorization under the provisions of paragraph 1 of Article 20 or paragraph 1 or 2 of Article 22; (2) When he intends to issue the order provided for in paragraph 2 of Article 48. Article 54. The Prime Minister shall consult beforehand with the Minister of Finance in the following cases: (1) When he intends to gj.ve the permission or authorization under the provisions of the proviso of paragraph 3 of Article 18, Article 35, paragraph 1, the proviso of paragraph 2 or para graph 6 of Article 39, Article 42, or Article 45; (2) When he intends to give the approval provided for in paragraph 1 of Article 37. or Article 46; (3) When he intends to make the designation referred to in item (1) or (2) of Article 44; (4) When he intends to issue a Prime Minister's Of£ice Orciina:1.ce provided £01" in Article 47. (Competent Minister) l\.rticle 55. The competent Min i s t e r in this Law shall be as follows: (1) The Prime Minister. to be in charge of the matters concern ing the officers and employees, the finance and accounting and other management affairs; 41 (2) The Minister of Construction. to be in charge of the matters concerning the construction, reconstruction, management and other business of the establishments for developing and utiliz ing water resources. which are provided for by Cabinet Order, such as multipurpose dams. whose aims are ext end ed to the function of flood (including high tide) control and the mainte nance or improvement of the normal function of the running water. estuarial weirs and ·facilities to regulate the water level of lakes or marshes; (3) The Minister of Construction. to be in charge of the matters concerning the construction, reconstruction. management and other business of such multipurpose water channels as are connected w i t h the multipurpose dams mentioned in the preced ing item. which are provided for by Cabinet Oreer; (4) The Minister of Agriculture and Forestry. to be in charge of the matters concerning the management and other business of the irrigation facilities of Aichi and Toyogawa; (5) The Minister of \'feliare. the Minister of Agriculture and Forestry . the ~Yiin i s t e r of International Trade and Industr y or the lVlin ister of Construc t ion, in accordance with the relevant Cabinet Order. to be in charge of the matters concerning the construction. reconstruction. management and other business of the establishment for developing and utilizing water re sources (including those of multipurpose) provided for in the preceding. such as d arn s , weirs. and water channels. 42 Entrusting of Powers of the Prime Minister) \rticle 56. The Prime Minister may entrust a part of his powers under the provisions of this Law to the Director-General of the Economic Planning Agency, in accordance with the relevant Cabinet Order. (Application Mutatis Mutandis of Other Laws and Ordinances) Article 57. The Immovable Property Registration Law (Law No. 24 of 1899) and other laws and ordinances designated by Cabinet Order shall, as may be provided for by Cabinet Order, apply mutatis mutandis to the Public Corporation, which shall be regarded as an administrative organ of the State. 43 Chapter VIII Penal Provisions Article 58. In case where an officer or employee of the Public Corporation has failed to submit the report provided £orin paragraph 1 of Article 49 or has submitted a false report or has refused. obstructed or evad·ed the inspection provided for in the same paragraph. he shall be punished with a fine not exceeding thirty .thousand yen. Article 59. In any of the following cases, violating officer or employee of the Public Corporation shall be punished with a non-penal fine not exceeding thirty thousand yen: (1) In case where he has failed to obtain the permission, authori zation or approval of the Prime Minister or the competent Minister when it is requ i r ed by this Law; (2) In case where he has failed to effect registration in contra vention of the Cabinet Order provided for in paragraph 1 of Article 4; (3) In case where he has conducted any other business than th.at provided for in Article 18 ; (4) In case where he has employed i:he surplus money of business in contravention of the provisions of Article 44; (5) In case where he has violated the order of the co.mpetent Minister provided for ·i n paragraph 2 of Article 48. 44 Article 60. In the application of the preceding two Articles. the Prime Minister or the competent Minister in the provisions of this Law (except the provisions of Article 56) shall include the Director General of the Economic Planning Agency. if the power is en trusted to him under the provisions of Article 56. Article 61. Any person who has used the name of the Water Resources Development Public Corporation in violation of the provisions of Article 5 shall be punished with a non-penal fine not exceeding ten thousand yen. 45