CHAPTER I General Provisions
(Purpose of this Law)
Article 1. The purpose of this Law is to preserve and utilize cultural
properties, so that the culture of the Japanese people may be furthered and
a contribution be made to the evolution of world culture.
(Definition of Cultural Properties)
Article 2. "Cultural properties" in this Law shall be the following:
(1) Buildings, pictures, sculptures, applied arts, calligraphic works, classical
books, ancient documents, and other tangible cultural products, which possess
a high historical and/or artistic value in and for this country (including lands
and other objects which are combined with them altogether to embody such value),
archaeological specimens and other historical materials of high scientific value
(hereinafter referred to as "tangible cultural properties");
(2) Art and skill employed in drama, music and applied arts, and other intangible
cultural products, which possess a high historical and/or artistic value in
and for this country (hereinafter referred to as "intangible cultural properties");
(3) Manners and customs related to food, clothing and housing, to occupations,
religious faiths, festivals, etc., to folk-entertainments and clothes, implements,
houses and other objects used therefor, which are indispensable for the understanding
of changes in our people's modes of life (hereinafter referred to as "folk-cultural
properties");
(4) Shell mounds, ancient tombs, sites of palaces, sites of forts or castles,
monumental dwelling houses, and other sites, which possess a high historical
and/or scientific value in and for this country; gardens, bridges, gorges, sea-shores,
mountains, and other places of scenic beauty, which possess a high value from
the point of view of art or visual appreciation in and for this country; and
animals (including their habitats, breeding places and summer and winter resorts),
plants (including their habitats), and geological features and minerals (including
the grounds where peculiar natural phenomena are seen), which possess a high
scientific value in and for this country (hereinafter referred to as "monuments");
(5) Groups of historic buildings of high value which form a certain antique
beauty in combination with their environs (hereinafter referred to as "groups
of historic buildings);
2. The term "important cultural properties" used in the provisions
of this Law (excepting the provisions of Article 27 to 29 inclusive, Article
37, Article 55 paragraph 1 item (4), Article 84-2 paragraph 1 item (1), Article
88, Article 94 and Article 115) shall be construed as including national treasures.
3. The term "historic sites, places of scenic beauty and/or natural monuments"
used in the provisions of this Law (excepting the provisions of Article 69,
Article 70, Article 71, Article 77, Article 83 paragraph 1 items (4), Article
84-2 paragraph 1 items (5) and (6), Article 88 and Article 94), shall be construed
as including special historic sites, places of scenic beauty and/or natural
monuments.
(Duty of the Government and Local Public Bodies)
Article 3. The Government and the local public bodies shall, recognizing
that the cultural properties of the country are indispensable to the correct
understanding of its history, culture, etc., and that they form a foundation
for its cultural development for the future, make efforts to ensure that the
purport of this Law is thoroughly understood by the public, so that such properties
may be duly preserved.
(Attitude of the People, Owners, etc.)
Article 4. The people in general shall faithfully cooperate in the measures
taken by the Government and the local public bodies for the attainment of the
purpose of this Law.
2. The owners of cultural properties and other persons concerned shall preserve
such properties with good care and utilize them for cultural purposes by opening
them to thepublic or by other means, in full consciousness that cultural properties
are valuable national possessions.
3. In the execution of this Law, the Government and the local public bodies
shall respect the ownership and other property rights of the persons concerned.
Articles from 5 to 26 inclusive. Deleted.
CHAPTER III Tangible Cultural Properties
Section 1. Important Cultural Properties
Subsection 1. Designation
(Designation)
Article 27. The Minister of Education may designate important items of
tangible cultural properties as important cultural properties.
2. From among the important cultural properties, the Minister of Education may
designate as national treasures those properties which are of especially high
value from the viewpoint of world culture and which are the matchless treasures
of the nation.
(Announcement, Notice and Issuance of Certificate of Designation)
Article 28. Designation under the provision of the preceding Article
shall be made by an announcement in the Official Gazette and also by the issuance
of a notice thereof to the owner of the national treasure or the important cultural
property concerned.
2. Designation under the provision of the preceding Article shall come into
effect as from the day of its announcement in the Official Gazette made in accordance
with the provision of the preceding paragraph; however, it shall come into effect
for the owner of the national treasure or the important cultural property concerned
as from the time when the notice provided for in the same paragraph reached
the said owner.
3. When the designation under the provision of the preceding Article has been
made, the Minister of Education shall issue a certificate of designation to
the owner of the national treasure or the important cultural property concerned.
4. The items to be entered in the certificate of designation and other necessary
matters relative to such certificate shall be determined by the Ministry of
Education Ordinance.
5. When the owner has received the certificate of designation of the national
treasure in accordance with the provision of paragraph 3, he/she shall return
to the Minister of Education within thirty (30) days the certificate of designation
of the important cultural property which has now been designated as a national
treasure.
(Annulment)
Article 29. In case a national treasure or an important cultural property
has lost its value as such or in case there is any other special reason, the
Minister of Education may annul the designation of such national treasure or
important cultural property.
2. The annulment of designation under the provision of the preceding paragraph
shall be made by an announcement in the Official Gazette and also by the issuance
of a notice thereof to the owner of the national treasure or the important cultural
property concerned.
3. To the annulment of designation under the provision of paragraph 1, the provision
of paragraph 2 of the preceding Article shall apply mutatis mutandis.
4. When the owner has received the notice under paragraph 2, he/she shall return
to the Minister of Education the certificate of designation within thirty (30)
days.
5. In cases where the designation of a national treasure has been annulled under
paragraph 1, but where the designation of the same tangible property as an important
cultural property has not been annulled, the Minister of Education shall issue
to the owner without delay a certificate designating the same property as an
important cultural property.
Subsection 2. Custody
(Instruction respecting Method of Custody)
Article 30. The Commissioner of the Agency for Cultural Affairs may give
necessary instructions to the owner of an important cultural property with respect
to the custody thereof.
(Owner's Duty of Custody, and Custodian)
Article 31. The owner of an important cultural property shall undertake
the custody thereof, in accordance with this Law, as well as the Ministry of
Education Ordinances and the instructions of the Commissioner of the Agency
for Cultural Affairs, issued thereunder.
2. The owner of an important cultural property may, when there exist special
reasons, appoint an appropriate person to be responsible on his/her behalf for
the custody of the same property (hereinafter in this Section and in Chapter
IV referred to as "the custodian").
3. When the owner of an important cultural property has appointed a custodian
in accordance with the provision of the preceding paragraph, such owner shall
report in writing within twenty (20) days the appointment to the Commissioner
of the Agency forCultural Affairs, stating the matters prescribed by the Ministry
of Education Ordinance, under joint signature with the custodian so appointed.
This provision shall also apply tothe cases where the custodian has been released
of the responsibility.
4. The provisions of the preceding Article and paragraph 1 of this Article shall
apply mutatis mutandis to the custodian.
(Changes of Owner or Custodian)
Article 32. When the owner of an important cultural property has been
changed, the new owner shall report in writing within twenty (20) days the changes
to the Commissioner of the Agency for Cultural Affairs, stating the matters
prescribed by the Ministry of Education Ordinance, attaching to the report the
certificate of designation issued to the former owner.
2. The owner of an important cultural property shall, when he/she has changed
the custodian, report in writing within twenty (20) days the change to the Commissioner
of the Agency for Cultural Affairs, stating the matters prescribed by the Ministry
of Education Ordinance, under joint signature with the newly appointed custodian.
In this case the provision of paragraph 3 of the preceding Article shall not
apply.
3. The owner or the custodian of an important cultural property shall, when
he/she has changed his/her name, title or address, report in writing within
twenty (20) days the change to the Commissioner of the Agency for Cultural Affairs,
stating the matters prescribed by the Ministry of Education Ordinance. When
the change has occurred in the name, title or address of the owner, he/she shall
attach the certificate of designation to the report to be submitted.
(Custody by Custodial Body)
Article 32-2. With regard to an important cultural property, in cases
where its owner is not traceable,or where it is obvious that the custody by
the owner or the custodian is extremely difficult or inadequate, the Commissioner
of the Agency for Cultural Affairs may appoint an appropriate local public body
or any other appropriate juridical person and charge it with the conduct of
custody necessary for the preservation of such important cultural property (including
the safe-keeping of such facilities, equipments or any other objects as are
needed for its preservation and are owned by or in the custody of the owner
of the said important cultural property).
2. In order to make an appointment under the provision of the preceding paragraph,
the Commissioner of the Agency for Cultural Affairs shall in advance obtain
the consent of the owner of the important cultural property concerned (excluding
the case where the owner is not traceable) and of its possessor/occupant by
title, as well as that of the local public body or other juridical person to
be appointed.
3. The appointment under the provision of paragraph 1 shall be made by an announcement
in the Official Gazette and also by the issuance of an notice thereof to the
owner, the possessor/occupant and the local public body or other juridical person,
prescribed in the preceding paragraph.
4. To the appointment under the provision of paragraph 1 the provision of Article
28 paragraph 2 shall apply mutatis mutandis.
5. The owner or the possessor/occupant of an important cultural property shall
not, without justifiable reasons, refuse, interfere with or evade the act of
custody or the execution of measures necessary for the custody by the local
public body or other juridical person appointed in accordance with the provision
of paragraph 1 (hereinafter in this Section and Chapter IV referred to as the
"custodial body").
6. The provisions of Article 30 and Article 31 paragraph 1 shall apply mutatis
mutandis to the custodial body.
Article 32-3. In cases where the reasons provided for in paragraph 1
of the preceding Article have become extinct or where there is any other special
reasons, the Commissioner of the Agency for Cultural Affairs may annul the appointment
of the custodial body.
2. The provisions of paragraph 3 of the preceding Article and of Article 28
paragraph 2 shall apply mutatis mutandis to the annulment under the provision
of the preceding paragraph.
Article 32-4. The expenses required for the custody by the custodial
body shall, unless otherwise provided for in this Law, be borne by the said
body.
2. Notwithstanding the provision of the preceding paragraph, part of the expenses
required for the custody may be borne by the owner, in accordance with what
may be agreed upon by the custodial body and the owner, within the limits of
the material profit which the latter will enjoy as a result of the custody conducted
by the former.
(Destruction, Damage, etc.)
Article 33. When whole or part of an important cultural property has
been destroyed, damaged, found missing or stolen, the owner (or the custodial
or the custodial body, if such has been appointed) shall report it in writing
to the Commissioner of the Agency for Cultural Affairs within ten (10) days
of the knowledge of the fact, stating the matters prescribed by the Ministry
of Education Ordinance.
(Change of Location)
Article 34. When the location of an important cultural property is to
be changed, the owner (or the custodian or the custodial body, if such has been
appointed) shall report it in writing to the Commissioner of the Agency for
Cultural Affairs at least twenty (20) days prior to the date on which the location
is to be changed, stating the matters prescribed by the Ministry of Education
Ordinance and attaching to the report the certificate of designation. However,
in cases provided for by the Ministry of Education Ordinance, it may be unnecessary
to report it at all or to attach the certificate of designation to the report,
or it may suffice to file an ex post facto report in accordance with the provisions
of the Ministry of Education Ordinance.
Subsection 3. Protection
(Repair)
Article 34-2. The repair of an important cultural property shall be conducted
by its owner. It shall, however, be conducted by the custodial body, if such
has been appointed.
(Repair by Custodial Body)
Article 34-3. In case the custodial body conducts the repair of the important
cultural property in its custody, the said body shall in advance hear the opinions
of the owner of the said property (except for the cases where the owner is not
traceable) and of its possessor/occupant by title in regard to the method and
the time of the repair.
2. The provisions of Article 32-2 paragraph 5 and Article 32-4 shall apply mutatis
mutandis in case the custodial body conducts such repair.
(Subsidy for Custody or Repair)
Article 35. In cases where the owner of an important cultural property
or its custodial body is unable to bear the large expenses required for the
custody or repair of such property, or where there exist any other special circumstances,
the Government may grant a subsidy to the said owner or custodial body so as
to cover part of such expenses.
2. In cases where a subsidy under the preceding paragraph is granted, the Commissioner
of the Agency for Cultural Affairs may, as a condition thereof, instruct necessary
matters with respect to the custody or repair.
3. The Commissioner of the Agency for Cultural Affairs may, if he/she deems
it necessary, direct and supervise the custody or repair of the important cultural
property for which a subsidy is granted under the provision of paragraph 1.
(Order or Advice on Custody)
Article 36. When the Commissioner of the Agency for Cultural Affairs
concludes that the important cultural property is in danger of destruction,
damage or theft because of the incompetence of the person who is in charge of
its custody, or of the inappropriate method of custody, he/she may order or
advise the owner, custodian or custodial body of such property with respect
to the measures necessary for its custody, such as the appointment or change
of the person in charge of its custody, the improvement of the method of custody,
the provision of fire prevention and other facilities for its preservation.
2. The expenses required for such measures as may be taken in conformity with
the order or advice given under the provision of the preceding paragraph may
be borne, in whole or in part, by the National Treasury in accordance with what
may be provided for by the Ministry of Education Ordinance.
3. The provision of paragraph 3 of the preceding Article shall apply mutatis
mutandis to the cases where whole or part of the expenses is borne by the National
Treasury under the provision of the preceding paragraph.
(Order or Advice on Repair)
Article 37. When a national treasure is damaged, and the Commissioner
of the Agency for Cultural Affairs deems it necessary to repair it in view of
its proper preservation, he/she may give necessary order or advice on its repairs
to the owner or the custodial body concerned.
2. In cases where an important cultural property other than a national treasure
is damaged, and the Commissioner of the Agency for Cultural Affairs deems it
necessary to repair it in view of its proper preservation, he/she may give necessary
advice on its repair to the owner or the custodial body concerned.
3. The expenses required for the repair conducted in conformity with the order
or advice given under the provisions of the preceding two paragraphs may be
borne in whole or in part by the National Treasury in accordance with what may
be provided for by the Ministry of Education Ordinance.
4. The provision of Article 35 paragraph 3 shall apply mutatis mutandis to the
cases where whole or part of the expenses is borne by the National Treasury
in accordance with the provision of the preceding paragraph.
(Execution of Repair, etc. of National Treasure by the Commissioner of the
Agency for Cultural Affairs)
Article 38. The Commissioner of the Agency for Cultural Affairs himself/herself
may, in either of the following cases, undertake the repair of national treasures
or take preventive measures against their destruction, damage or theft:
(1) When the owner, the custodian or the custodial body does not comply with
the order given in accordance with the provision of the preceding two Articles;
(2) When, in cases where the national treasure has been damaged or where it
is in danger of destruction, damage or theft, it is deemed unadvisable to have
the repair undertaken or the preventive measures against destruction, damage
or theft taken by the owner, the custodian or the custodial body.
2. When the Commissioner of the Agency for Cultural Affairs intends to undertake
the repair or take measures under the provisions of the preceding paragraph,
he/she shall in advance issue a writ to the owner, the custodian or the custodial
body concerned stating the necessary items such as the name of the national
treasure in question, the substance of the repair or measures, the date of commencement
of the work and others, and at the same time give notice thereof to its possessor/occupant
by title.
Article 39. The Commissioner of the Agency for Cultural Affairs shall,
in undertaking the repair or measures under the provision of paragraph 1 of
the preceding Article, appoint from among the staff members of the Agency for
cultural Affairs a person or persons who are to be responsible for the execution
of the said repair or measures and for the custody of the national treasure
concerned.
2. The person or persons who have been appointed as responsible persons under
the provision of the preceding paragraph shall, when they execute the said repair
or measures, carry with them their identity cards, show them upon demand to
the parties concerned, and duly respect the reasonable opinions of such parties.
3. To the execution of the repair and measures under the provision of paragraph
1 of the preceding Article, the provision of Article 32-2 paragraph 5 shall
apply mutatis mutandis.
Article 40. The expenses required for the repairs or measures executed
under the provision of Article 38 paragraph 1 shall be defrayed from the National
Treasury.
2. The Commissioner of the Agency for Cultural Affairs may, in accordance with
what may beprovided for by the Ministry of Education Ordinance, charge the owner
(or the custodial body, if such has been appointed) part of the expenses required
for the repair or measures executed under the provision of Article 38 paragraph
1; however, this shall apply exclusively to either of the cases, falling under
paragraph 1 item (2) of the same Article, where the immediate causes which brought
about the necessity of such repair or measures rest with the owner, the custodian
or the custodial body, or where the owner or the custodial body is capable of
bearing part of such expenses.
3. To the charging of expenses under the preceding paragraph, the provisions
of Articles 5 and 6 of the Law for Administrative Execution by Proxy (Law No.
43 of 1948) shall apply mutatis mutandis.
Article 41. The State shall indemnify the person or persons, who have
suffered a loss in the repairs or measures executed under the provision of Article
38 paragraph 1, for the ordinary damage incidental thereto.
2. The amount of indemnity payable under the preceding paragraph shall be determined
by the Commissioner of the Agency for Cultural Affairs.
3. Any person who is not satisfied with the amount of the indemnity payable
under the preceding paragraph may demand an increase in the amount by litigation;
however, this shall not apply when three (3) months have passed after receiving
the notice of determination of the indemnity mentioned in the same paragraph.
4. In case of litigation under the preceding paragraph, the State shall be the
defendant.
(Reimbursement in case of Assignment of Important Cultural Property for which
Subsidy, etc. has been granted)
Article 42. In case the then owner of the important cultural property
for which the State has granted subsidies under Article 35 paragraph 1 or borne
expenses under Article 36 paragraph 2, Article 37 paragraph 3 or Article 40
paragraph 1, for the repairs or preventive measures against destruction, damage
or theft (hereinafter in this Article referred to as "repairs, etc."),
his/her heir, legatee or donee (including the second or subsequent heir, legatee
or donee; hereinafter the same in this Article) (hereinafter in this Article
referred to as "owner, etc.") has assigned the said important cultural
property for a consideration after performance of the repairs, etc. for which
the State granted subsides or borne expenses, he/she shall reimburse the National
Treasury in accordance with what may be provided for by the Ministry of Education
Ordinance the total amount of the said subsidies or expenses defrayed by the
State (as for the expenses borne by the National Treasury under the provision
of Article 40 paragraph 1, the amount of such expenses less what amount of money
as was charged to the owner in accordance with the provision of paragraph 2
of the same Article; hereinafter the same in this Article) minus the sum spent
by himself/herself for repairs, etc. of the said cultural property since the
performance of the said repairs, etc. (hereinafter in this Article referred
to as "the amount of reimbursement").
2. "The amount of subsidies or expenses defrayed by the State" provided
for in the preceding paragraph shall be the sum corresponding to that which
is arrived at by dividing the amount of the subsidies or the expenses defrayed
by the State by the number of durable years fixed individually by the Commissioner
of the Agency for Cultural Affairs in regard to the important cultural property
or its parts subjected to such repairs, etc. and then by multiplying the quotient
by the number of residual years (discarding the fractional period less than
a year) which is obtained by deducting from such number of years that have passed
since the time of the repairs, etc. until the time of assignment of the same
property.
3. In case the value of such important cultural property has fallen off considerably
through a cause not imputable to the owner, etc., or in case he/she has assigned
the said important cultural property to the State, after the performance of
the repairs, etc. for which the State granted subsides or bore expenses, the
Commissioner of the Agency for Cultural Affairs may exempt whole or part of
the amount of reimbursement.
4. In case the person in question fails to pay off within the time limit fixed
by the Commissioner of the Agency for Cultural Affairs the amount of reimbursement
for which he/she is held due, the State may collect it following suit of coercive
collection of national tax. In this case, the order of priority in collection
shall be next to national and local taxes.
5. In case the person who is to pay the amount of reimbursement is the heir,
legatee or donee, the sum corresponding to the quotient, obtained by dividing
the sum equivalent to the balance between the amount of inheritance tax or donation
tax provided for in item (1) and the amount provided for in item (2), by the
number of years provided for in item (3), multiplied by the number of years
provided for in item (4), shall be deducted from the amount of reimbursement
he/she is to be charged:
(1) The amount of inheritance tax or donation tax the person concerned has already
paid or is obliged to pay in acquiring the important cultural property concerned;
(2) The amount corresponding to that of inheritance tax or donation tax which
is supposed to be imposed upon the person concerned for the important cultural
property or its parts in question which is or are included in the value of assessment
used as a basis of calculation of the tax under the preceding item, when worked
out on the bases of the same value of assessment less the total amount of the
subsidies or the expenses, mentioned in paragraph 1, defrayed by the State for
the repairs, etc. which have been carried out prior to the time of such inheritance,
bequest or donation in regard to the said important cultural property or its
parts in question;
(3) The number of residual years (discarding the fractional period less than
a year) obtained by deducting from the number of durable years fixed by the
Commissioner of the Agency for Cultural Affairs concerning the important cultural
property or its parts in question, in accordance with the provision of paragraph
2, the number of years that have passed since the time of performance of such
repairs, etc. until the tune of inheritance, bequest or donation of the property
concerned;
(4) The number of residual durable years of the important cultural property
or its parts in question, provided for in paragraph 2.
6. With respect to the amount of subsidies or expenses defrayed by the State
as provided for in paragraph1, which is referred to in item (2) of the preceding
paragraph, the provision of paragraph 2 shall apply mutatis mutandis. In this
case, "the time of assignment" in the same paragraph shall read "the
time of inheritance, bequest or donation."
7. In the assessment of the amount of capital gains under Article 33 paragraph
1 of the Income Tax Law (Law No. 33 of 1965) relative to the assignment provided
for in paragraph 1 of this Article by the person who pays the amount of reimbursement
according to the provision of the same paragraph, the amount he/she reimburses
thereunder shall be taken as the expenses related to the assignment as provided
for in Article 33 paragraph 3 of the same Law.
(Restriction on Alteration of Existing State)
Article 43. In case any person intends to alter the existing state of
an important cultural property or to do an act affecting its preservation, he/she
shall obtain the permission of the Commissioner of the Agency for Cultural Affairs;
however, this shall not apply to the cases where such act as altering the existing
state is merely a measure of maintenance or an emergency measure to be taken
in the event of an unforeseen disaster, or to the case where the consequences
to be entailed by the act which may affect preservation is only trifling.
2. The extent of the measure of maintenance referred to in the proviso to the
preceding paragraph shall be established by the Ministry of Education Ordinance.
3. In giving the permission under paragraph 1, the Commissioner of the Agency
for Cultural Affairs may give necessary instructions as a condition thereof
regarding the alteration of the existing state or the act affecting the preservation
under the same paragraph.
4. In case the person who has received the permission under paragraph 1 has
failed to observe the condition of the permission provided for in the preceding
paragraph, the Commissioner of the Agency for Cultural Affairs may order the
suspension of the act of altering the existing state or of the act affecting
the preservation, for which the permission has been given, or cancel the permission.
5. The State shall indemnity the person or persons who have suffered a loss
from the fact that they failed to obtain the permission under paragraph 1 or
that the permission given was attached with conditions under paragraph 3, for
the ordinary damage incidental thereto.
6. To the cases under the preceding paragraph the provisions of Article 41 paragraphs
2 to 4 inclusive shall apply mutatis mutandis.
(Report on Repairs, etc.)
Article 43-2. In case any important cultural property is to be repaired,
its owner or its custodial body shall report it to the Commissioner of the Agency
for Cultural Affairs in writing in accordance with what may be provided for
by the Ministry of Education Ordinance, at least thirty (30) days prior to the
date on which such repair is to be started; however, this shall not apply to
the cases where the permission must needs be applied for in accordance with
the provision of paragraph 1 of the preceding Article and to those other cases
as provided for by the Ministry of Education Ordinance.
2. In case the Commissioner of the Agency for Cultural Affairs deems it necessary
for the protection of the important cultural property, he/she may provide technical
guidance and advice in regard to the repair of the important cultural property
which has been reported under the preceding paragraph.
(Prohibition of Exportation)
Article 44. Any important cultural property shall not be exported; this
shall not apply, however, in case the Commissioner of the Agency for Cultural
Affairs has given permission therefor in recognition of its special necessity
from the viewpoint of international exchange of culture or from other considerations.
(Integrity of Surroundings)
Article 45. The Commissioner of the Agency for Cultural Affairs may,
when he/she deems it necessary for the preservation of the important cultural
property, restrict or prohibit certain kinds of acts or order the provision
of necessary facilities, within an area designated by him/her.
2. The State shall indemnify the person or persons who have suffered a loss
from the dispositions taken in accordance with the provision of the preceding
paragraph for the ordinary damage incidental thereto.
3. To the cases under the preceding paragraph the provisions of Article 41 paragraphs
2 to 4 inclusive shall apply mutatis mutandis.
(Offer of Sale to the State)
Article 46. Any person who desires to assign an important cultural property
for a consideration shall beforehand file in writing with the Commissioner of
the Agency for Cultural Affairs an offer of sale of the said property to the
State, stating therein the name of the assignee, the estimated value of the
consideration (the value has to be calculated in money at the current price
in case the consideration stipulated consists in things other than money; hereinafter
the same) and any other matters prescribed by the Ministry of Education Ordinance.
2. The circumstances surrounding wanting to make assignation to the said assignee
may be listed in the written offer of the preceding paragraph.
3. When the Commissioner of the Agency for Cultural Affairs has determined that
the circumstances listed according to the provisions of the preceding paragraph
are reasonable, then within thirty (30) days from the making of the said offer,
notice shall be given that the said important cultural property shall not be
bought.
4. When the Commissioner of the Agency for Cultural Affairs has, within thirty
(30) days from the offer of sale filed under the provision of paragraph 1, given
notice that the State will buy the said important cultural property, a bargain
shall be deemed to have been closed at a price corresponding to the estimated
value of the consideration stated in the paper referred to in paragraph 1.
5. The person stipulated in paragraph 1 shall not transfer the said important
cultural property within the period specified in the preceding paragraph (or
until the time within that period when the Commissioner of the Agency for Cultural
Affairs has noticed that the same important cultural property will not be bought
by the State).
(Subsidy for Purchase by Custodial Body)
Article 46-2. In case the local public body or other juridical person
which is a custodial body is to purchase an important cultural property in its
custody (exclusively building, other fixture to land, and the land which combined
with such fixture is covered by the designation as the said important cultural
property) in view of its positive necessity for the purpose of ensuring the
preservation thereof, the State may grant a subsidy to cover part of the expenses
required for the said purchase.
2. To the cases under the preceding paragraph the provisions of Article 35 paragraphs
2 and 3 and the preceding paragraph shall apply mutatis mutandis.
(Trust of Custody or Repair, or Technical Guidance)
Article 47. The owner of the important cultural property (or the custodial
body if such has been appointed) may entrust the Commissioner of the Agency
for Cultural Affairs with the custody (excluding the cases where the custodial
body has been appointed) or repair thereof on the conditions determined by the
same Commissioner.
2. The Commissioner of the Agency for Cultural Affairs may, in case he/she deems
it necessary for the preservation of the important cultural property, advise
its owner (or the custodial body if such has been appointed), presenting him/her
conditions, to entrust the same Commissioner with the custody (excluding the
cases where the custodial body has been appointed) or repair of such property.
3. The provisions of Article 39 paragraphs 1 and 2 shall apply mutatis mutandis
to the cases where the Commissioner of the Agency for Cultural Affairs has been
entrusted with the custody or repair of the important cultural property in accordance
with the preceding two paragraphs.
4. The owner, custodian, or custodial body of the important cultural property
may request the Commissioner of the Agency for Cultural Affairs, in accordance
with what may be provided for by the Ministry of Education Ordinance, for technical
guidance respecting the custody or repair of the important cultural property
concerned.
Subsection 4. Opening to the Public
(Opening to the Public)
Article 47-2. Opening to the public of the important cultural property
shall be undertaken by its owner; however, it shall be undertaken by the custodial
body, if such has been appointed.
2. Notwithstanding the provision of the preceding paragraph, a person or persons
other than the owner and the custodial body may throw open to public viewing,
organized under the provisions of this Law, the important cultural property
which the owner or the custodial body concerned agree to display.
3. The custodial body may collect admission fees from the visitors in opening
to the public the important cultural property in its custody.
(Opening to the Public by the Commissioner of the Agency for Cultural Affairs)
Article 48. The Commissioner of the Agency for Cultural Affairs may advise
the owner (the custodial body if such has been appointed) of the important cultural
property to display the property for a term not exceeding one year at the public
viewing to be held by the same Commissioner at the National Museums or other
institutions.
2. The Commissioner of the Agency for Cultural Affairs may order the owner (the
custodial body if such has been appointed) of the important cultural property,
for the custody or repair of which the National Treasury has defrayed whole
or part of the expenses or granted subsides, to display the property for a term
not exceeding one year at the public viewing to be held by the same Commissioner
at the National Museums or other institutions.
3. When the Commissioner of the Agency for Cultural Affairs deems it necessary
in the cases under the preceding paragraph, he/she may renew the term of display
for a limited period not exceeding one year; however, such renewal shall in
no case exceed a period of five consecutive years.
4. When an order is issued under paragraph 2 or the period of display is renewed
under the preceding paragraph, the owner or the custodial body of the important
cultural property concerned must so display it.
5. Other than the cases provided for in the preceding four paragraphs, the Commissioner
of the Agency for Cultural Affairs may, if he/she deems it appropriate, accept
the proposal made by the owner (the custodial body if such has been appointed)
of the important cultural property to display such property at the public viewing
to be held by the same Commissioner at the National Museums or other institutions.
Article 49. Excepting the cases provided for in Article 100, the Commissioner
of the Agency for Cultural Affairs shall, when important cultural properties
are displayed in accordance with the provisions of the preceding Article, appoint
from among the staff members of the Agency for Cultural Affairs a person or
persons who are to be responsible for the custody of such properties.
Article 50. Expenses required for the display under the provision of
Article 48 shall be defrayed from the National Treasury in accordance with the
standards prescribed by the Ministry of Education Ordinance.
2. The Government shall, in accordance with the standards prescribed by the
Ministry of Education Ordinance, give compensation to the owner or the custodial
body of the property which has been displayed under the provisions of Article
48.
(Opening to the Public by the Owner, etc.)
Article 51. The Commissioner of the Agency for Cultural Affairs may advise
the owner or the custodial body of the important cultural property to open such
property to the public for a limited period not exceeding three (3) months.
2. The Commissioner of the Agency for Cultural Affairs may order the owner or
the custodial body of the important cultural property, for the custody, repair
or purchase of which the National Treasury has defrayed whole or part of the
expenses or granted subsidies, to open such property to the public for a limited
period not exceeding three (3) months.
3. The provision of Article 48 paragraph 4 shall apply mutatis mutandis to the
cases under the preceding paragraph.
4. The Commissioner of the Agency for Cultural Affairs may give necessary instructions
to the owner or the custodial body of the important cultural property concerning
the opening to the public of such property to be made under the provisions of
the preceding three (3) paragraphs and the custody thereof during such public
viewing.
5. In case the owner, the custodian or the custodial body of the important cultural
property fails to observe the instructions mentioned in the preceding paragraph,
the Commissioner of the Agency for Cultural Affairs may order the suspension
or discontinuance of the act of such public viewing.
6. The expenses required for opening such property to the public under the provisions
of paragraphs 2 and 3 may, in accordance with what may be provided for by the
Ministry of Education Ordinance, be defrayed in whole or in part from the National
Treasury.
7. Other than the case provided for in the previous paragraph, expenses required
by the owner or the custodial body of the important cultural property for the
opening of the said property shall be wholly or partially defrayed from the
National Treasury in accordance with what may be provided for by the Ministry
of Education Ordinance.
Article 51-2. Except for the occasions of public viewing under the preceding
Article, in the cases where a report has been filed in accordance with the provision
of Article 34 with a view to moving the important cultural property from its
domicile to some other place where it will be shown to the public, the provisions
of paragraphs 4 and 5 of the preceding Article shall apply mutatis mutandis.
(Indemnification for Loss)
Article 52. In case an important cultural property has been destroyed
or damaged as a result of its display or Public viewing conducted in accordance
with the provisions of Article 48 or Article 51 paragraphs 1 to 3 inclusive,
the State shall indemnify its owner for the ordinary damage incidental to it;
however, this provision shall not apply in case the destruction or damage has
resulted from a cause imputable to the owner, to the custodial or to the custodial
body.
2. The provisions of Article 41 paragraphs 2 to 4 inclusive shall apply mutatis
mutandis to the cases under the preceding paragraph.
(Opening to the Public by Person other than Owner, etc.)
Article 53. When any person other than the owner and the custodial body
of the important cultural property intends to show such property to the public
at an exhibition or on any other public occasion to be held under his/her own
auspices, such person shall obtain the permission of the Commissioner of the
Agency for Cultural Affairs therefor; however, this shall not apply in case
such exhibition or other event is to be held under the auspices of a State agency
other than the Commissioner of the Agency for Cultural Affairs or of a local
public body at a museum or other similar institution which has previously been
approved by the Commissioner of the Agency for Cultural Affairs (hereinafter
in this paragraph referred to as "public approved institutions"),
or when the person who has established a public approved institution holds such
an event at the said public approved institution.
2. In the proviso of the preceding paragraph, a person holding an event stipulated
in that paragraph (except for the Commissioner of the Agency for Cultural Affairs)
shall, within 20 days from the day following the conclusion of the public display
of that important cultural property, give written notice of the items stipulated
in the Ministry of Education Ordinance to the Commissioner of the Agency for
Cultural Affairs.
3. In giving permission under paragraph 1, the Commissioner of the Agency for
Cultural Affairs may give as a condition thereof necessary instructions with
respect to the public viewing for which permission is to be given and to the
custody of the important cultural property to be on display.
4. When any person who obtained the permission under paragraph 1 has failed
to observe the conditions of the permission provided for in the preceding paragraph,
the Commissioner of the Agency for Cultural Affairs may order the suspension
of the public viewing for which he/she has given permission.
Subsection 5. Investigation
(Investigation for the Purpose of Preservation)
Article 54. The Commissioner of the Agency for Cultural Affairs may,
when he/she deems it necessary, ask the owner, custodian or custodial body of
an important cultural property to report on the existing state of such property,
or on the conditions of its custody, of its repairs or of the preservation of
the integrity of its surroundings.
Article 55. In any of the following cases, when the Commissioner of
the Agency for Cultural Affairs is unable to confirm the conditions of a particular
important cultural property in spite of all the information given in the report
filed under the preceding Article and when there appears to be no alternative
way for the confirmation thereof, he/she may appoint a person or persons to
conduct an investigation, and cause them to enter the place where the said property
exists and conduct an on-the-spot investigation in regard to the existing state
of the property or the conditions of its custody, of its repairs or of the preservation
of the integrity of its surroundings:
(1) Where application has been filed for the permission for alteration of the
existing state of the important cultural property or for the act affecting its
preservation;
(2) Where the important cultural property has been damaged or where there has
been a change in its existing state or its location;
(3) Where there is a fear of destruction, damage or theft of the important cultural
property;
(4) Where there is necessity of revaluing the qualifications of a cultural property
classified as national treasure or important cultural property because of special
circumstances.
2. In the event of any investigation to be conducted by entering the place under
the preceding paragraph, the person or persons who are to engage in such investigation
shall carry with them their identity cards, show them upon demand to the parties
concerned, and duly respect the reasonable opinions of such parties.
3. The State shall indemnify the person or persons who have suffered a loss
in the investigation conducted in accordance with the provision of paragraph
1 for the ordinary damage incidental thereto.
4. The provision of Article 41 paragraphs 2 to 4 inclusive shall apply mutatis
mutandis to the cases under the preceding paragraph.
Subsection 6. Miscellaneous Provisions
(Succession to Rights and Obligations on Change of Owner, etc.)
Article 56. In case the owner of an important cultural property has changed,
the new owner shall with reference to the said property succeed to the rights
and obligations of the former owner established by the orders, advices, instructions
and other dispositions of the Commissioner of the Agency for Cultural Affairs
issued or made under this Law.
2. In the cases under the preceding paragraph, the former owner shall deliver
to the new owner the certificate of designation concerned simultaneously with
the delivery of such important cultural property.
3. To the case where a custodial body has been appointed or the appointment
thereof has been annulled, the provision of paragraph 1 shall apply mutatis
mutandis; in case of the appointment of the custodial body, however, this provision
shall no apply to the rights and obligations which should belong exclusively
to the owner.
Section 2. Registered Tangible Cultural Properties
(Registration of Tangible Cultural Property)
Article 56-2. Among tangible cultural properties other than important
cultural properties (excluding those designated by local public bodies under
the provisions of Article 98-2) which are buildings, the Minister of Education
can, in view of the value of those cultural properties, register those which
are in particular need of preservation and utilization measures in the Cultural
Property Original Register.
2. When undertaking registrations under the preceding paragraph, the Minister
of Education shall obtain the opinions of pertinent local public bodies in advance.
3. The items to be registered in the Cultural Property Original Register and
other necessary matters relative to the Cultural Property Original Register
shall be determined by the Ministry of Education Ordinance.
(Announcement, Notice and Issuance of Certificate of Designation)
Article 56-2-2 Registration under the provision of paragraph 1 of the
preceding Article shall be made by an announcement in the Official Gazette and
also by the issuance of a notice thereof to the owner of the tangible cultural
property concerned (hereinafter referred to as the "registered tangible
cultural property").
2.Registration under the provision of paragraph 1 of the preceding Article shall
come into effect as from the day of its announcement in the Official Gazette
made in accordance with the provision of the preceding paragraph; however, it
shall come into effect for the owner of the registered tangible cultural property
concerned as from the time when the notice provided for in the same paragraph
reached the said owner.
3. When the registration under the provision of paragraph 1 of the preceding
Article has been made, the Minister of Education shall issue a certificate of
registration to the owner of the registered tangible cultural property concerned.
4. The items to be entered in the certificate of registration and other necessary
matters relative to such certificate shall be determined by the Ministry of
Education Ordinance.
(Annulment of Registrations of Registered Tangible Cultural Property)
Article 56-2-3. In case a registered tangible cultural property has been
designated an important cultural property under the provision of Article 27-1,
or when it has been designated by a local public body under the provision of
Article 98-2, the Minister of Education shall annul that registration.
2. In case a registered tangible cultural property has lost its need of preservation
and utilization measuresor in case there is any other special reason, the Minister
of Education may annul that registration.
3. In case of an annulment of registration under the provision of the two preceding
paragraphs, prompt announcement to that effect shall be made in the Official
Gazette and also notification shall be issued to the owner of the registered
tangible cultural property concerned.
4. To the annulment of registration under the provision of paragraphs 1 and
2, the provision of paragraph 2 of the preceding Article shall apply mutatis
mutandis.
5. When the owner has received the notice under paragraph 3, he shall return
to the Minister of Education the certificate of registration within thirty (30)
days.
(Custody of Registered Tangible Cultural Property)
Article 56-2-4. The owner of a registered tangible cultural properties
shall undertake the custody thereof, in accordance with this Law as well as
the Ministry of Education Ordinances based hereupon.
2. The owner of a registered tangible cultural property may, when there exist
special reasons, appoint an appropriate person to the responsible on his behalf
for the custody of the said property (hereinafter in this Section referred to
as "the custodian").
3. With regard to a registered tangible cultural property, in cases where the
owner is not traceable, or where it is obvious that the custody by the owner
or the custodian is extremely difficult or inadequate, the Commissioner of the
Agency for Cultural Affairs may appoint an appropriate local public body or
any other appropriate juridical person (hereinafter in this Section referred
to as "the custodial body") and charge it with the conduct of custody
necessary for the preservation of the said registered tangible cultural property
(including the safe-keeping of such facilities, equipment or any other items
as are needed for its preservation and which are owned by or in the custody
of the owner of the said registered tangible cultural property).
4. To the custody of the registered tangible cultural property, the provisions
of Article 31-3, Article 32, Article 32-2 paragraphs 2 to 5 inclusive, Article
32-3 and Article 32-4 shall apply mutatis mutandis.
5. The provisions of paragraph 1 shall apply mutatis mutandis to the custodian
or the custodial body of the registered tangible cultural property.
(Destruction or Damage of Registered Tangible Cultural Property)
Article 56-2-5. When the whole or part of a registered tangible cultural
property has been destroyed or damaged, the owner (or the custodian or the custodial
body, if such has been appointed) shall report it in writing to the Commissioner
of the Agency for Cultural Affairs within ten (10) days of the knowledge of
the fact, stating the matter prescribed by the Ministry of Education Ordinance.
(Repair of Registered Tangible Cultural Property)
Article 56-2-6. The repair of a registered tangible cultural property
shall be done by its owner; however, it shall be done by the custodial body
if such has been appointed.
2. In case the custodial body does the repair, the provisions of Article 32-2
paragraph 5, Article 32-4 and Article 34-3 paragraph 1 shall apply mutatis mutandis.
(Notifications, etc. on Alterations to the Existing State of a Registered Tangible
Cultural Property)
Article 56-2-7. In case any person intends to alter the existing state
of a registered tangible cultural property, he shall, no later than thirty (30)
days prior to the intended date of effecting said alteration, submit notification
thereof, as determined by the Ministry of Education Ordinance, to the Commissioner
of the Agency for Cultural Affairs; however, this shall not apply to cases where
such act as altering the existing state is merely a maintenance measure or an
emergency measure to be taken in the event of an unforeseen disaster, or to
cases where the existing state must be altered in order to comply with orders
under the provisions of other legal statutes.
2. The scope of maintenance measures in the proviso of the previous paragraph
shall be determined by Ministry of Education Ordinance.
3. When deemed to be necessary for the protection of a registered tangible cultural
property, the Commissioner of the Agency for Cultural Affairs may give necessary
instructions, advice, or remonstration concerning alterations to the existing
state of the said registered tangible cultural property pertaining to the notification
of paragraph 1.
(Technical Guidance Concerning Custody or Repair of Registered Tangible Cultural
Property)
Article 56-2-8. The owner, custodian or custodial body of a registered
tangible cultural property can ask the Commissioner of Agency for Cultural Affairs
for technical guidance respecting the maintenance or repair of the registered
tangible cultural property concerned, in accordance with what may be provided
for by the Ministry of Education Ordinance.
(Public Opening of Registered Tangible Cultural Property)
Article 56-2-9. Opening to the public of the registered tangible cultural
property shall be undertaken by its owner; however, it shall be undertaken by
the custodial body, if such as been appointed.
2. Notwithstanding the provision of the preceding paragraph, a party other than
the owner and the custodial body may open to the public the registered tangible
cultural property with the agreement of the owner (or the custodial body, if
there is one).
3. To the public opening of a registered tangible cultural property by the custodial
body, the provisions of Article 47-2, paragraph 3 shall apply mutatis mutandis.
4. When deemed necessary in the utilization of a registered tangible cultural
property, the Commissioner of the Agency for Cultural Affairs may give necessary
guidance or advice to the owner or custodial body of the said registered tangible
cultural property concerning its public opening or concerning its custody with
respect to its public opening.
(Reporting on the Existing State of a Registered Tangible Cultural Property)
Article 56-2-10. When the Commissioner of the Agency for Cultural Affairs
deems it necessary, he may ask the owner, custodial or custodial body of a registered
tangible cultural property to report on the existing state of such property,
or on the state of its custody or repair.
(Transfer of Certificate of Registration Accompanying Changes of Ownership)
Article 56-2-11. In case the owner of a registered tangible cultural
property has changed, the former owner shall deliver to the new owner the certificate
of registration concerned simultaneously with the delivery of the said registered
tangible cultural property.
Section 3. Tangible Cultural Properties other than Important Cultural Properties
and Registered Tangible Cultural Properties
(Technical Guidance)
Article 56-2-12. The owner of any tangible cultural property other than
important cultural properties and registered tangible cultural properties may,
in accordance with what may be provided for by the Ministry of Education, ask
the Commissioner of the Agency for Cultural Affairs for technical guidance in
regard to the custody or repair of such tangible cultural property.
CHAPTER III-2 Intangible Cultural Properties
(Designation, etc. of Important Intangible Cultural Property)
Article 56-3. The Minister of Education may designate important items
of intangible cultural properties as important intangible cultural properties.
2. The Minister of Education shall, in making the designation under the provision
of the preceding paragraph, recognize the holder or holders who are the persons
that represent the high standard of such important intangible cultural property,
or the holding body which is composed mainly of the holders of such intangible
cultural property and has its representative established by its own statute
(hereinafter the same).
3. Designation under the provision of paragraph 1 shall be made by an announcement
in the Official Gazette, and also by the issuance of a notice thereof to the
person or the body to the recognized as the holder or the holding body, respectively,
of the important intangible cultural property concerned (in case of a holding
body, to its representative).
4. Even after making the designation under the provision of paragraph 1, the
Minister of Education may, if in his/her opinion there still is a person or
a body eligible to the recognition as the holder or the holding body of a particular
important intangible cultural property, make supplementary recognition as such.
5. To the supplementary recognition under the provision of the preceding paragraph
the provision of paragraph 3 shall apply mutatis mutandis.
(Annulment of Designation, etc. of Important Intangible Cultural Property)
Article 56-4. In case an important intangible cultural property has lost
its value as such, or in case there is any other special reason, the Minister
of Education may annual the designation of such important intangible cultural
property.
2. In case a holder is deemed to have become inadequate to maintain such title
for his/her mental or physical reasons, or in case a holding body is deemed
to have become inadequate to maintain such title for the change of its constituent
members, or in case there is any other special reason, the Minister of Education
may annul the recognition concerned.
3. The annulment of the designation under the provision of paragraph 1 or of
the recognition under that of the preceding paragraph shall be made by an announcement
i the Official Gazette, and also by the issuance of a notice thereof to the
holder or the holding body of the important intangible cultural property concerned.
4. When a holder has died or a holding body has been dissolved (including the
cases of its having become extinct; the same shall apply in this Article and
the following one) his/her or its recognition as such shall be deemed to have
been annulled; and when all the holders have died, or all the holding bodies
have been dissolved, the designation of the important intangible cultural property
concerned shall be deemed to have been annulled. In these cases the Minister
of Education shall announce the fact in the Official Gazette.
(Change of Name of Holder, etc.)
Article 56-5. When a holder has changed his/her name or address, when
he/she has died, or when there is any of such reasons as are provided for by
the Ministry of Education Ordinance, such holder or his/her heir shall report
the fact to the Commissioner of the Agency for Cultural Affairs in writing within
twenty (20) days of the day on which it took place (in case of a holder's death,
the day on which his/her heir came to know the fact), stating the matters prescribed
by the Ministry of Education Ordinance. When a holding body has changed its
name, the address of its office, or its representative, or when there is any
change among its constituent members, or when the body has been dissolved the
same provision shall apply to its representative (in case of dissolution, it
shall apply to the person who has been its representative).
(Preservation of Important Intangible Cultural Property)
Article 56-6. When the Commissioner of the Agency for Cultural Affairs
deems it necessary for the preservation of a particular important intangible
cultural property, he/she may himself/herself take any appropriate measures
for its preservation, such as recording, training successors in the arts, etc.,
and the State may aid its holder, its holding body or a local public body, or
any other person or persons deemed appropriate for taking care of its preservation
by granting a subsidy to cover part of the expenses required for its preservation.
2. To the subsidization under the provision of the preceding paragraph the provisions
of Article 35 paragraphs 2 and 3 shall apply mutatis mutandis.
(Opening to the Public of Important Intangible Cultural Property)
Article 56-7. The Commissioner of the Agency for Cultural Affairs may
advise the holder or the holding body of the important intangible cultural property
to open the said property to the public, or the owner of the records of the
important intangible cultural property to open such records to the public.
2. In case the holder or the holding body of the important intangible cultural
property opens such property to the public, the provision of Article 51 paragraph
7 shall apply mutatis mutandis.
3. In case the owner of the records of the important intangible cultural property
opens such records to the public, the State may grant a subsidy to cover part
of the expenses required for the said opening.
4. To the subsidization under the provision of the preceding paragraph, the
provisions of Article 35 paragraphs 2 and 3 shall apply mutatis mutandis.
(Suggestion or Advice on Preservation of Important Intangible Cultural Property)
Article 56-8. The Commissioner of the Agency for Cultural Affairs may
give suggestions or advice necessary for the preservation of the important intangible
cultural property to its holder or holding body, or a local public body or any
other person who is deemed to be appropriate for taking care of its preservation.
(Recording, etc. of Intangible Cultural Property other than Important Intangible
Cultural Property)
Article 56-9. The Commissioner of the Agency for Cultural Affairs may,
selecting such items of the intangible cultural property as of special necessity,
other than the important intangible cultural property, take himself records
thereof, preserve such records or open the same to the public, and the State
may subsidize an appropriate person to cover part of the expense required for
opening such intangible cultural property to the public, or recording it, preserving
such records or opening the same to the public.
2. To the subsidization under the provision of the preceding paragraph the provision
of Article 35 paragraphs 2 and 3 shall apply mutatis mutandis.
CHAPTER III-3 Folk-cultural Properties
(Designation of Important Tangible Folk-cultural Property and Important Intangible
Folk-cultural Property)
Article 56-10. The Minister of Education may designate especially important
items of tangible folk-cultural properties as important tangible folk-cultural
properties, and especially important items of intangible folk-cultural properties
as important intangible folk-cultural properties.
2. To the designation of the important tangible folk-cultural property under
the provision of the preceding paragraph the provisions of Article 28 paragraphs
1 to 4 inclusive shall apply mutatis mutandis.
3. The designation of the important intangible folk-cultural property under
the provision of paragraph 1 shall be made by an announcement in the Official
Gazette.
(Annulment of Designation of Tangible Folk-cultural Property and Important
Intangible Folk-cultural Property)
Article 56-11. In case any important tangible folk-cultural property
or important intangible folk-cultural property has lost its value as such, or
in case there is any other special reason, the Minister of Education may annul
the designation of such important tangible folk-cultural property or important
intangible folk-cultural property.
2. To the annulment of designation of the important tangible folk-cultural property
under the provision of the preceding paragraph the provisions of Article 29
paragraphs 2 to 4 inclusive shall apply mutatis mutandis.
3. The annulment of designation of the important intangible folk-cultural property
under the provision of paragraph 1 shall be made by an announcement in the Official
Gazette.
(Custody of Important Tangible Folk-cultural Property)
Article 56-12. To the custody of important tangible folk-cultural property
the provisions of Articles 30 to 34 inclusive shall apply mutatis mutandis.
(Protection of Important Tangible Folk-cultural Property)
Article 56-13. Any person who intends to alter the existing state of
a particular important tangible folk-cultural property or to do an act affecting
its preservation or to export it shall report it to the Commissioner of the
Agency for Cultural Affairs in writing in accordance with what may be provided
for by the Ministry of Education Ordinance at least twenty (20) days prior to
the day on which such alteration, or act or exportation is to be effected; however,
this shall not apply to the cases prescribed by the Ministry of Education Ordinance.
2. In case the Commissioner of the Agency for Cultural Affairs deems it necessary
for the protection of the important tangible folk-cultural property give necessary
instructions with regard to the alteration of the existing state of such folk-cultural
property or the act affecting the preservation of the said property or its exportation,
for which report has been filed under the preceding paragraph.
Article 56-14. To the protection of the important tangible folk-cultural
property the provisions of Articles 34-2 to 36 inclusive, Article 37 paragraphs
2 to 4 inclusive, and Articles 42, 46 and 47 shall apply mutatis mutandis.
(Opening to the Public of Important Tangible Folk-Cultural Property)
Article 56-15. In case any party other than the owner or the custodial
body of the important tangible folk-cultural property, or local public body
or any other juridical person appointed in accordance with the provision of
Article 32-2 paragraph 1, applying mutatis mutandis under Article 56-12 (hereinafter
the same in this Chapter and in Chapter VI), intends to open such important
tangible folk-cultural property to the public at an exhibition or at any other
public occasion to be held under his/her own auspices, such person shall report
it to the Commissioner of the Agency for Cultural Affairs in writing at least
thirty (30) days prior to the date of commencement of such public viewing, stating
the matters prescribed by the Ministry of Education Ordinance; however, ex post
facto notification within 20 days from the day after the final day of the public
opening shall suffice in case such exhibition or other event is to be held under
the auspices of a State agency other than the Commissioner of the Agency for
Cultural Affairs or of a local public body at a museum or other similar institution
which has previously been exempted of such notification requirements by the
Commissioner of the Agency for Cultural Affairs (hereinafter in this paragraph
referred to as "opening advance notification exempted institutions"),
or when the person who has established an opening advance notification exempted
institution holds such an event at the said opening advance notification exempted
institution.
2. The provisions of Article 51 paragraphs 4 and 5 shall apply mutatis mutandis
to the public viewing for which report has been filed under the text of the
preceding paragraph.
Article 56-16. The provisions of Articles 47-2 to 52 inclusive shall
apply mutatis mutandis to the opening to the public of the important tangible
folk-cultural property.
(Investigation for Preservation of Important Tangible Folk-cultural Property
and Succession to Rights and Obligations on Changes of Owner, etc.)
Article 56-17. To the investigation for the purpose of preservation of
the important tangible folk- cultural property the provision of Article 54,
and to the change of the owner of the important tangible folk-cultural property,
to the appointment of a custodial body for such folk-cultural property or to
the annulment of such appointment the provisions of Article 56 shall apply mutatis
mutandis, respectively.
(Preservation of Important Intangible Folk-cultural Property)
Article 56-18. When the Commissioner of the Agency for Cultural Affairs
deems it necessary for the preservation of the important intangible folk-cultural
property, he/she may himself/herself undertake recording and other appropriate
measures for the preservation thereof, and the State may aid a local public
body or any other person deemed appropriate for taking care of its preservation
by granting a subsidy to cover part of the expenses required for such preservation.
2. The provisions of Article 35 paragraphs 2 and 3 shall apply mutatis mutandis
to the subsidization under the provision of the preceding paragraph.
(Opening to the Public of Records of Important Intangible Folk-cultural Property)
Article 56-19. The Commissioner of the Agency for Cultural Affairs may
advise the owner of the records of the important intangible folk-cultural property
to open the said records to the public.
2. To the case where the owner of the records of the important intangible folk-cultural
property opens suchrecords to the public, the provisions of Article 56-7 paragraph
3 shall apply mutatis mutandis.
3. The provision of Article 70-2 shall apply mutatis mutandis to the disposition
to be made under the provision of paragraph 1 by the Commissioner of the Agency
for Cultural Affairs or by the Board of Education of the To, Do, Fu or Ken (Prefectures),
or by the designated city of Article 252-19-1 of the Local Public Body Law (Law
No. 67 of 1947) or the core city of Article 252-22-1 of the same law (hereinafter
referred to as "designated cities, etc."), to which the competence
of the said Commissioner has been delegated.
(Suggestion or Advice on Preservation of Important Intangible Folk-cultural
Property)
Article 56-20. The Commissioner of the Agency for Cultural Affairs may
give suggestions or advice necessary for the preservation of important intangible
folk-cultural property to a local public body or any other person who is deemed
to be appropriate for taking care of its preservation.
(Recording, etc. of Intangible Folk-cultural Property Other Than Important
Intangible Folk-cultural Property)
Article 56-21. The provisions of Article 56-9 shall apply mutatis mutandis
to intangible folk-cultural property other than the important intangible folk-cultural
property.
CHAPTER IV Buried Cultural Property
(Report, Instruction and Order on Excavation for Investigation)
Article 57. Any person who intends to excavate the land for the purpose
of investigation of cultural properties which are buried underground (hereinafter
referred to as "buried cultural property") shall report it to the
Commissioner of the Agency for Cultural Affairs in writing at least thirty (30)
days prior to the day on which the said excavation is to be commenced, stating
the matters prescribed by the Ministry of Education Ordinance; however, this
shall not apply to the cases prescribed by the Ministry of Education Ordinance.
2. The Commissioner of the Agency for Cultural Affairs may, when he/she deems
it positively necessary for the protection of the buried cultural property,
instruct necessary matters with regard to the excavation reported in accordance
with the preceding paragraph and demand the submission of the reports thereof,
or may prohibit the excavation or order its suspension or discontinuance.
(Report and Instruction on Excavation for Construction Working)
Article 57-2. In case any site well-known to contain buried cultural
property such as shell mounds, ancient tombs or others (hereinafter referred
to as "the well-known archaeological and/or historical subsoil") is
to be dug up in the course of construction working or for any other purposes
than the investigation of the buried cultural property, the provision of paragraph
1 of the preceding Article shall apply mutatis mutandis. (In this case, "thirty
(30) days prior to" in the same paragraph shall read "sixty (60) days
prior to."
2. The Commissioner of the Agency for Cultural Affairs may, when he/she deems
it positively necessary for the protection of buried cultural Property, give
necessary instructions with regard to the excavation reported under paragraph
1 of the preceding Article applying mutatis mutandis under the preceding paragraph.
(Special Provisions regarding Excavation Conducted by State Organs etc.)
Article 57-3. To the case where State organs, local public bodies, or
juridical persons established by the State or local public bodies and prescribed
by the Cabinet Order (hereinafter generically referred to as "State organs,
etc." in this Article and in Article 57-6)intend to excavate the well-known
archaeological and/or historical subsoil for the purpose provided for in paragraph
1 of the preceding Article, the provisions of the said Article shall not apply,
but when the said State organs, etc. formulate a plan of operation related to
the said excavation, they shall inform in advance the Commissioner of the Agency
for Cultural Affairs to that effect.
2. The Commissioner of the Agency for Cultural Affairs may, when he/she received
the information under the preceding paragraph and found it positively necessary
to do so for the protection of the buried cultural property, give notice to
the State organ, etc. to the effect that the latter shall consult him/her regarding
the formulation of the said plan of operation and its enforcement.
3. The State organ, etc. which have received the notice under the preceding
paragraph shall consult the Commissioner of the Agency for Cultural Affairs
on the formulation of the said plan of operation and its enforcement.
4. In case the Commissioner of the Agency for Cultural Affairs has received
the information under paragraph 1, other than the cases under the preceding
two paragraphs, he/she may give such advice as necessary for the protection
of the buried cultural property regarding the enforcement of the plan of operation
which has been informed of.
5. In the case under the preceding four paragraphs, if the said State organs,
etc. are the heads of the Ministries of Agencies (to be taken as the heads of
the Ministries of Agencies referred to in Article 4 paragraph 2 of the State
Property Law (Law No. 73 of 1938); hereinafter the same) such notice, consultation
or advice as provided for in these paragraphs shall go from the Minister of
Education.
(Information to the Public of Archaeological and/or Historical Subsoil)
Article 57-4. The State and local public bodies shall attend to the complete
documentation and other measures needed to keep the public fully and correctly
informed of the well-known archaeological and/or historical subsoil.
2. The State may give guidance, advice or other necessary assistance regarding
the measures taken by local public bodies under the preceding paragraph.
(Report on Discovery of Remains, Order for Suspension, etc.)
Article 57-5. When the owner or the possessor/occupant of the land has
discovered what is recognizable as shell mount, swelling site, ancient tomb
and other remains through the chance finds of unearthed articles, etc., excepting
the case of discovery on the occasion of investigation exercised under the provision
of Article 57 paragraph 1, he/she shall, without altering the existing state
of such remains, report the fact without delay to the Commissioner of the Agency
for Cultural Affairs in writing stating the matters prescribed by the Ministry
of Education Ordinance. In case it is necessary to take emergency measures for
the prevention of extraordinary disaster, however, he/she may alter the existing
state of such remains within the normal limits of the emergency measures.
2. In case the Commissioner of the Agency for Cultural Affairs received the
report under the preceding paragraph and recognizes the reported remains important,
and deems it necessary to conduct at investigation for the purpose of their
protection, he/she may order the owner or the possessor/occupant of the land
to suspend or prohibit him/her to do within a prescribed term and area, the
act which may lead to the alteration of their existing state. The term, however,
shall not exceed three (3) months.
3. In case the Commissioner of the Agency for Cultural Affairs intends to issue
the order under the preceding paragraph, he/she shall in advance hear the opinions
of the local public body concerned.
4. The order under paragraph 2 shall be issued within one (1) month of the day
of reporting under paragraph 1.
5. In the case under paragraph 2, when the investigation is not completed within
the term prescribed in the same paragraph and is needed to be carried on, the
Commissioner of the Agency for Cultural Affairs may extend once for all the
term of investigation in regard to all or part of the area set out in the said
order. The term of the same order, however, shall not exceed six (6) consecutive
months including the original term specified under the same paragraph.
6. The term under paragraph 2 and the preceding paragraph shall be so calculated
as to cover the period of time starting from the day on which the report under
paragraph 1 is received until and including the day on which the order under
paragraph 2 is issued.
7. The Commissioner of the Agency for Cultural Affairs may, even when the report
under paragraph 1 has not been received, take measures as provided for in paragraphs
2 and 5.
8. Upon receipt of the report under paragraph 1, the Commissioner of the Agency
for Cultural Affairs may, excepting the case where he/she has taken measures
under paragraph 2, give instructions necessary for the protection of the said
remains. Except for the case where he/she has taken measures under paragraph
2 in accordance with the provision of the preceding paragraph, the same shall
apply to the case where he/she has not received the report under paragraph 1.
9. The State shall indemnify the person or persons who have suffered a loss
owing to the order issued under paragraph 2, for the ordinary damage incidental
thereto.
10. To the cases under the preceding paragraph the provisions of Article 41
paragraphs 2 to 4 inclusive shall apply mutatis mutandis.
(Special Provisions regarding Discovery of Remains by State Organs, etc.)
Article 57-6. When State organs, etc. have made a discovery as provided
for in paragraph 1 of the preceding Article, the provisions of the same Article
shall not apply, but, excepting the case where they have made a discovery on
the occasion of investigation exercised under the provision of Article 57 paragraph
1 or Article 98-2 paragraph 1, they shall, without altering the existing state
of the remains, inform the Commissioner of the Agency for Cultural Affairs to
that effect without delay. In case they take emergency measures necessary for
preventing extraordinary disasters, however, they may alter the existing state
of the remains within the limits of such emergency measures.
2. In the cases where the Commissioner of the Agency for Cultural Affairs has
received the information under the preceding paragraph, if he/she recognizes
the remains informed as important and if he/she deems it necessary to investigate
them for the purpose of their protection, he/she may notify the said State organs,
etc. to the effect that they should apply to him/her for consultation regarding
their investigation, preservation, etc.
3. The State organs, etc. which have received the notice under the preceding
paragraph shall consult with the Commissioner of the Agency for Cultural Affairs.
4. In case the Commissioner of the Agency for Cultural Affairs has received
the information under paragraph 1, excepting the cases under the preceding two
paragraphs, he/she may give necessary advice for the protection of the said
remains.
5. To the cases under the preceding four paragraphs, the provision of Article
57-3 paragraph 5 shall apply mutatis mutandis.
(Execution of Excavation by the Commissioner of the Agency for Cultural Affairs)
Article 58. The Commissioner of the Agency for Cultural Affairs may undertake
the excavation of any land to investigate the buried cultural property for which
investigation by the State is deemed necessary in view of its exceptionally
high value from the point of view of history or science as well as for the technical
difficulty it will entail.
2. In case the Commissioner of the Agency for Cultural Affairs intends to undertake
excavation in accordance with the provision of the preceding paragraph, he/she
shall in advance issue to the owner and the possessor/occupant by title of the
land a writ stating the purpose and the method of excavation, the date of its
commencement, and other necessary matters.
3. To the cases under paragraph 1, the provisions of Article 39 (including the
provision of Article 32-2 paragraph 5 applying mutatis mutandis under paragraph
3 of the same Article) and Article 41 shall apply mutatis mutandis.
Article 59. When any cultural property has been discovered by the excavation
carried out in accordance with paragraph 1 of the preceding Article, the Commissioner
of the Agency for Cultural Affairs shall return the said property to its owner
if the owner is known, but in case the owner is not traceable it shall suffice
for him/her to notify the chief of the police station of the discovery, irrespective
of the provision of Article 1 paragraph 1 of the Lost Property Law (Law No.
87 of 1899) applying mutatis mutandis under Article 13 of the same Law.
2. The chief of the police station shall, upon receiving the notice referred
to in the preceding paragraph, issue promptly a public notice with regard to
the said cultural property in accordance with the provision of Article 1 paragraph
2 of the Lost Property Law applying mutatis mutandis under Article 13 of the
same Law.
(Presentation)
Article 60. In case an unearthed object placed as such before the chief
of the police station in accordance with the provision of Article 1 paragraph
1 of the Lost Property Law applying mutatis mutandis under Article 13 of the
same Law is recognizable as a cultural property, the said object shall be presented
to the Commissioner of the Agency for Cultural Affairs without delay by the
chief of the police station; however, this shall not apply where the owner thereof
has been traced.
(Judgement)
Article 61. When an object has been presented to the Commissioner of
the Agency for Cultural Affairs in accordance with the provision of the preceding
Article, he/she shall judge whether the object is really a cultural property
or not.
2. The Commissioner of the Agency for Cultural Affairs shall, upon finding the
said object to be a cultural property, notify the chief of the police station
thereof or shall, in a contrary case, send back the object to the chief of the
police station.
(Delivery)
Article 62. When the owner of the cultural property mentioned in Article
59 paragraph 1 or paragraph 2 of the preceding Article has asked the chief of
the police station to return the cultural property to himself/herself, the Commissioner
of the Agency for Cultural Affairs shall deliver the object to the chief of
the police station concerned.
(Reversion to National Treasury and Compensation)
Article 63. In case the owner of the cultural property mentioned in Article
59 paragraph 1 or Article 61 paragraph 2 is not traceable, the ownership thereof
shall revert to the National Treasury. In this case the Commissioner of the
Agency for Cultural Affairs shall so inform the finder of the said cultural
property and the owner of the land where it was found, and shall pay them a
compensation corresponding to the value of the object.
2. When the finder and the owner of the land referred to in the preceding paragraph
are different persons, the compensation under the same paragraph shall be given
them half and half.
3. To the cases under the preceding two paragraphs the provisions of Article
41 paragraphs 2 to 4 inclusive shall apply mutatis mutandis.
(Transfer, etc.)
Article 64. The Government may, unless it is necessary for the State
to retain for itself the cultural property reverted to the National Treasury
in accordance with the provision of paragraph 1 of the preceding Article for
the purpose of its preservation or in view of its utility, transfer the said
property to the finder thereof or to the owner of the land where it was found,
within the limits of the value corresponding to the amount of the compensation
to be received by the said person in accordance with the provisions of the preceding
Article.
2. In the case mentioned in the preceding paragraph, the mount of money corresponding
to the value of the transferred cultural property shall be deducted from the
amount of the compensation provided for in the preceding Article.
3. The Government may, unless it is necessary for the State to retain for itself
the cultural property reverted to the National Treasury in accordance with the
provision of paragraph 1 of the preceding Article for the purpose of its preservation
or in view of its utility, transfer the said property without consideration,
or to assign it at a price lower than the current price, to the local public
body which has jurisdiction over the land where the said cultural property was
found, in case application is filed therefor.
(Application of the Lost Property Law)
Article 65. Unless otherwise provided for by this Law, the provision
of Article 13 of the Lost Property Law shall apply to the buried cultural property.
Article 66 to Article 68 inclusive. Deleted.
CHAPTER V Historic Sites, Places of Scenic Beauty and/or
Natural Monuments
(Designation)
Article 69. The Minister of Education may designate important items of
monuments as historic sites, places of scenic beauty, or natural monuments (hereinafter
collectively referred to as "historic sites, places of scenic beauty and/or
natural monument").
2. Of the historic sites, places of scenic beauty and/or natural monuments designated
as such in accordance with the provision of the preceding paragraph, the Minister
of Education may designated those which are particularly important as special
historic sites, special places of scenic beauty, or special natural monuments
(hereinafter collectively referred to as "special historic sites, places
of scenic beauty and/or natural monument").
3. The designation under the preceding two paragraphs shall be made by an announcement
in the Official Gazette and also by the issuance of a notice thereof to the
owner and the possessor/occupant by title of the special historic site, place
of scenic beauty and/or natural monument concerned or of the historic site,
place of scenic beauty and/or natural monument concerned.
4. In case there are too many persons to be given the notice individually in
accordance with the provision of the preceding paragraph, the Minister of Education
may, in place of the notice provided for in the same paragraph, put up a notice
of the matters to be communicated to them on the notice board of the public
office or of any similar establishment of the city, town or village where the
special historic site, place of scenic beauty and/or natural monument concerned
or the historic site, place of scenic beauty and/or natural monument concerned
is located. In this case the notice mentioned in the preceding paragraph shall
be deemed as having reached the addressees thereof when two weeks have elapsed
from the day on which the notice was first exhibited.
5. The designation under the provision of paragraph 1 or paragraph 2 shall come
into effect as from the day of announcement in the Official Gazette under the
provision of paragraph 3. However, for the owner or the possessor/occupant by
title of the special historic site, place of scenic beauty and/or natural monument
concerned or of the historic site, place of scenic beauty and/or natural monument
concerned, it shall come into effect as from the time when the notice under
the provision of paragraph 3 has reached him/her or when it is deemed to have
reached him/her in accordance with the provision of the preceding paragraph.
6. The Minister of Education shall, in designating the historic site, place
of scenic beauty and/or natural monument, ask the opinion of the Director General
of the Environment Agency, if the area to be covered by the designation possesses
a high value from the point of view of the protection of natural environment.
(Provisional Designation)
Article 70. Prior to the designation under the provision of paragraph
1 of the preceding Article, if the Board of Education of To, Do, Fu or Ken (Prefectures)
deems it urgently necessary, it may make provisional designation of the historic
site, place of scenic beauty and/or natural monument.
2. When the Board of Education of To, Do, Fu or Ken (Prefectures) has made the
provisional designation under the provision of the preceding paragraph, it shall
report the fact to the Minister of Education without delay
3. To the provisional designation under the provision of paragraph 1 the provisions
of paragraphs 3 to 5 inclusive of the preceding Article shall apply mutatis
mutandis.
(Respect for Ownership, etc. and Coordination with Other Public Interest)
Article 70-2. In making the designation under the provision of Article
69 paragraph 1 or paragraph 2 or in making the provisional designation under
the provision of paragraph 1 of the preceding Article, the Minister of Education
or the Board of Education of To, Do, Fu or Ken (Prefectures) shall respect in
particular the ownership, the mining right and other property rights of the
parties concerned, and at the same time pay attention to the coordination with
land development and other kinds of public interests.
2. The Minister of Education or the Commissioner of the Agency for Cultural
Affairs may, if it is deemed necessary for the protection and improvement of
natural environment related to the place of scenic beauty or natural monument,
express his/her opinions to the Director General of the Environment Agency.
(Annulment of Designation)
Article 71. When a special historic site, place of scenic beauty and/or
natural monument, or a historic site, place of scenic beauty and/or natural
monument has lost its value as such or when there is any other special reason,
the Minister of Education or the Board of Education of To, Do, Fu or Ken (Prefectures)
may annul the designation or the provisional designation thereof.
2. When the designation referred to in Article 69 paragraph 1 was made of such
a historic site, place of scenic beauty and/or natural monument as was provisionally
designated under the provision of Article 70 paragraph 1, or when no designation
under the same provision was made of the same property within two years from
the day of such provisional designation, the said provisional designation shall
become null and void.
3. The Minister of Education may annul any provisional designation made under
the provision of Article 70 paragraph 1, if he/she deems such designation inappropriate.
4. The provisions of Article 69 paragraphs 3 to 5 inclusive shall apply mutatis
mutandis to the annulment of the designation or the provisional designation
to be made under the provision of paragraph 1 or of the preceding paragraph.
(Custody and Restoration by Custodial Body)
Article 71-2. In the cases where the owner of the historic site, place
of scenic beauty and/or natural monument does not exist or is not traceable,
or where the custody thereof by its owner or by the person appointed in accordance
with the provision of Article 74 paragraph 2 to be responsible for the conduct
of its custody is obviously deemed extremely difficult or inappropriate, the
Commissioner of the Agency for Cultural Affairs may appoint a suitable local
public body or any other suitable juridical person and charge it with the conduct
of custody and restoration necessary for the preservation of the historic site,
place of scenic beauty and/or natural monument concerned (including the custody
and restoration of such facilities, equipments and other matters under the ownership
or in the custody of the owner of the historic site, place of scenic beauty
and/or natural monument concerned as are necessary for the preservation thereof).
2. In order to make an appointment under the provision of the preceding paragraph,
the Commissioner of the Agency for Cultural Affairs shall obtain in advance
the consent of the local public body or any other juridical person to be appointed
as such.
3. The appointment under the provision of paragraph 1 shall be made by an announcement
in the Official Gazette, and also by the issuance of a notice thereof to the
owner and the possessor/occupant by title of the historic site, place scenic
beauty and/or natural monument concerned, as well as to the local public body
or other juridical person to be appointed.
4. To the appointment under the provision of paragraph 1 the provisions of Article
69 paragraphs 4 and 5 shall apply mutatis mutandis.
Article 71-3. In the cases where the reasons referred to in paragraph
1 of the preceding Article have become extinct or where there is any other special
reason, the Commissioner of the Agency for Cultural Affairs may annul the appointment
of the custodial body.
2. To the annulment under the provision of the preceding paragraph the provisions
of paragraph 3 of the preceding Article and Article 69 paragraphs 4 and 5 shall
apply mutatis mutandis.
Article 72. The local public body and any other juridical person appointed
under the provision of Article 71-2 paragraph 1 (hereinafter in this Chapter
and Chapter IV referred to as the "custodial body") shall in accordance
with the standards established by the Minister of Education Ordinance set up
signs, explanation boards, landmarks, fences and other facilities necessary
for the custody of the historic site, place of scenic beauty and/or natural
monument concerned.
2. When, in regard to the land within the designated area of the historic site,
place of scenic beauty and/or natural monument, there has been any change in
the name of town, lot number, category or acreage, the custodial body concerned
shall report it to the Commissioner of the Agency for Cultural Affairs in accordance
with what may be provided for by the Ministry of Education Ordinance.
3. In case the custodial body undertakes restoration, it shall in advance hear
the opinions of the owner (exclusive of the case where the owner is not traceable)
and the possessor/occupant of the historic site, place of scenic beauty and/or
natural monument concerned in regard to the method and the time of the restoration.
4. The owner or the possessor/occupant of the historic site, place of scenic
beauty and/or natural monument shall not, without justifiable reasons, refuse,
interfere with or evade the acts of custody or restoration, or the measures
necessary for the execution of such acts, undertaken by the custodial body.
Article 72-2. The expenses required for the custody and the restoration
undertaken by the custodial body shall be borne by the same body, unless otherwise
provided for by this Law.
2. Notwithstanding the provision of the preceding paragraph, part of the expenses
required for the custody or the restoration may be borne by the owner, in accordance
with what may be agreed upon between the custodial body and the owner, within
the limits of the material profit which the latter will enjoy as a result of
the custody or the restoration conducted by the former.
3. The custodial body may collect admission-fees from the visitors to the historic
site, place of scenic beauty and/or natural monument in its custody.
Article 73. As for the person or persons who have suffered a loss owing
to the act of custody or restoration performed by the custodial body, the body
concerned shall indemnify them for the ordinary damages incidental thereto.
2. The amount of the indemnity under the preceding paragraph shall be determined
by the custodial body (or, when the custodial body is a local public body, the
Board of Education of the same body).
3. As regards the amount of the indemnity under the provision of the preceding
paragraph, the provision of Article 41 paragraph 3 shall apply mutatis mutandis.
4. In case of litigation under the provision of Article 41 paragraph 3 applying
mutatis mutandis in the preceding paragraph, the custodial body shall be the
dependent.
Article 73-2. To the custody undertaken by the custodial body the provisions of Article 30, Article 31 paragraph 1 and Article 33, to the custody and the restoration undertaken by the custodial body the provisions of Articles 35 and 47, and to the cases where the custodial body has been appointed or where such appointment has been annulled the provision of Article 56 paragraph 3 shall apply mutatis mutandis, respectively.
(Custody and Restoration by Owner)
Article 74. Excepting the case where a custodial body has been appointed,
the owner of the historic site, place of scenic beauty and/or natural monument
shall be responsible for the custody and the restoration thereof.
2. The owner who undertakes the custody of the historic site, place of scenic
beauty and/or natural monument under the provision of the preceding paragraph
may, if there is any special reason, appoint an appropriate person to be responsible
on his/her behalf for the conduct of the custody of the same property (hereinafter
in this Chapter and Chapter Y referred to as the "custodian"). In
this case the provision of Article 31 paragraph 3 shall apply mutatis mutandis.
Article 75. To the custody by the owner the provisions of Article 30, Article 31 paragraph 1, Article 32, Article 33 and Article 72 paragraphs 1 and 2 (as for Article 72 paragraph 2, exclusive of the cases where the custodial body has been appointed), to the custody and the restoration by the owner the provisions of Article 35 and 47, to the succession to rights and obligations upon change of the owner the provision of Article 56 paragraph 1, and to the custody by the custodian the provisions of Article 30, Article 31 paragraph 1, Article 32 paragraph 3, Article 33, Article 47 paragraph 4 and Article 72 paragraph 2 shall apply mutatis mutandis, respectively.
(Order or Advice on Custody)
Article 76. In case the Commissioner of the Agency for Cultural Affairs
concludes that a historic site, place of scenic beauty and/or natural monument
is in danger of destruction, damage, decay or theft because of its inappropriate
custody, he/she may order or advise the custodial body, the owner or the custodian
thereof, with respect to the improvement of the method of custody, provision
of facilities for preservation and any other measures necessary for its custody.
2. To the cases under the preceding paragraph the provisions of Article 36 paragraphs
2 and 3 shall apply mutatis mutandis.
(Order or Advice on Restoration)
Article 77. In the cases where a special historic site, place of scenic
beauty and/or natural monument is damaged or in decay and the Commissioner of
the Agency for Cultural Affairs deems it necessary for its preservation, he/she
may give any necessary order or advice about its restoration to the custodial
body or the owner thereof.
2. In the cases where a historic site, place of scenic beauty and/or natural
monument, other than the special historic site, place of scenic beauty and/or
natural monument, is damaged or in decay and the Commissioner of the Agency
for Cultural Affairs deems it necessary for its preservation, he/she may give
any necessary advice about its restoration to the custodial body or to the owner
thereof.
3. The provisions of Article 37 paragraphs 3 and 4 shall apply mutatis mutandis
to the cases under the preceding two paragraphs.
(Execution of Restoration, etc. of Special Historic Site, Place of Scenic Beauty
and/or Natural Monument by the Commissioner of the Agency for Cultural Affairs)
Article 78. The Commissioner of the Agency for Cultural Affairs may himself/herself
execute the restoration of the special historic site, place of scenic beauty
and/or natural monument, or take preventive measures against its destruction,
damage, decay or theft, in either of the following cases:
(1) Where the custodial body, owner or custodian does not comply with the orders
given in accordance with the provisions of the preceding two Articles;
(2) Where any special historic site, place of scenic beauty and/or natural monument
is damaged or in decay, or in danger of destruction, damage, decay or theft,
and where it is deemed inappropriate to make the custodial body, the owner or
the custodian thereof execute its restoration or take preventive measures against
its destruction, damage, decay or theft.
2. The provisions of Article 38 paragraph 2 and Articles 39 to 41 inclusive
shall apply mutatis mutandis to the cases under the preceding paragraph.
(Reimbursement in case of Assignment of Historic Site, Place of Scenic Beauty
and/or Natural Monument for which a Subsidy was granted, etc.)
Article 79. With respect to the historic site, place of scenic beauty
and/or natural monument for which a subsidy has been granted by the State for
its restoration or for the conduct of preventive measures against its destruction,
damage, decay or theft in accordance with the provision of Article 35 paragraph
1 applying mutatis mutandis under Article 73-2 and Article 75, or for which
whole or part of the expenses required for such action have been defrayed by
the State in accordance with the provision of Article 36 paragraph 2 applying
mutatis mutandis under Article 76 paragraph 2, in accordance with Article 37
paragraph 3 applying mutatis mutandis under Article 77 paragraph 3 or in accordance
with Article 40 paragraph 1 applying mutatis mutandis under paragraph 2 of the
preceding Article, the provision of Article 42 shall apply mutatis mutandis.
(Restriction on Alteration, etc. of Existing State and Order for Recovery to
Original State)
Article 80. In case any person intends to do an act altering the existing
state of a historic site, place of scenic beauty and/or natural monument or
an act affecting the preservation thereof, he/she must obtain the permission
of the Commissioner of the Agency for Cultural Affairs; however, this shall
not apply to the case where such act as altering the existing state is merely
a measure for maintaining the existing state of the property or an emergency
measure necessary for the prevention of extraordinary disasters or where the
influence of the act which may affect its preservation is only negligible.
2. The coverage of the measures for maintaining the existing state mentioned
in the proviso to the preceding paragraph shall be established by the Ministry
of Education Ordinance.
3. The provision of Article 43 paragraph 3 shall apply mutatis mutandis to the
issuance of permission provided for in paragraph 1, and that of Article 43 paragraph
4 to the person who has obtained such permission.
4. The provision of Article 70-2 shall apply mutatis mutandis to the disposition
to be made under the provision of paragraph 1 by the Commissioner of the Agency
for Cultural Affairs or by the Board of Education of To, Do, Fu or Ken (Prefectures)
to which the competence of the said Commissioner has been delegated.
5. The State shall indemnify the person who has suffered a loss owing to the
fact that he/she failed to receive the permission under paragraph 1 or that
the permission given was attached with conditions under Article 43 paragraph
3 applying mutatis mutandis under paragraph 3, for the ordinary damage incidental
thereto.
6. The provisions of Article 41 paragraphs 2 to 4 inclusive shall apply mutatis
mutandis to the case under the preceding paragraph.
7. In case any person has done an act altering the existing state or affecting
the preservation of a historic site, place of scenic beauty and/or natural monument
without obtaining the permission under the provision of paragraph 1 or without
complying with the conditions of the permission given under Article 43 paragraph
3 applying mutatis mutandis under paragraph 3, the Commissioner of the Agency
for Cultural Affairs may order him/her to recover is original state. In this
case the Commissioner of the Agency for Cultural Affairs may give necessary
instructions regarding such recovery.
(Notice by the Administrative Agency Concerned)
Article 80-2. In case of an act for which permission should be obtained
under the provision of paragraph 1 of the preceding Article, and the conduct
of which is subjected to permission, authorization or other disposition prescribed
by the Cabinet Order under the provisions of other laws or orders, the administrative
agency which has the competence for such dispositions under the said other laws
or orders, or the person to whom the said competence has been delegated, shall
in making the disposition give a notice to the Commissioner of the Agency for
Cultural Affairs (or to the Board of Education of the To, Do, Fu or Ken (Prefectures)
or the designated city, etc., when the competence for permission under the provision
of paragraph 1 of the same Article is delegated thereto) in accordance with
what may be provided for by the Cabinet Order.
(Report, etc. on Restoration)
Article 80-3. In case a historic site, place of scenic beauty and/or
natural monument is to be restored, the custodial body or the owner thereof
shall report it to the Commissioner of the Agency for Cultural Affairs at least
thirty (30) days prior to the date of commencement of such work, in accordance
with what may be prescribed by the Ministry of Education Ordinance; this shall
not apply, however, to the cases where the permission must be obtained in accordance
with the provision of Article 80 paragraph 1 and to those other cases prescribed
by the Ministry of Education Ordinance.
2. In case the Commissioner of the Agency for Cultural Affairs deems it necessary
for the protection of the historic site, place of scenic beauty and/or natural
monument, he/she may give technical guidance and advice in regard to the restoration
of the historic site, place of scenic beauty and/or natural monument reported
in accordance with the preceding paragraph.
(Integrity of Surroundings)
Article 81. The Commissioner of the Agency for Cultural Affairs may,
if he/she deems it necessary for ensuring the preservation of the historic site,
place of scenic beauty and/or natural monument, restrict or prohibit certain
kinds of act within a prescribed area or may order the provision of necessary
facilities in such area.
2. The State shall indemnify the person or persons, who have suffered a loss
owing to the disposition mentioned in the preceding paragraph, for the ordinary
damage incidental thereto.
3. To the person who has disobeyed the restriction or prohibition provided for
in paragraph 1 the provision of Article 80 paragraph 7, and to the case under
the preceding paragraph the provisions of Article 41 paragraphs 2 to 4 inclusive
shall apply mutatis mutandis, respectively.
(Subsidy for Purchase by Custodial Body)
Article 81-2. In case a local public body or other juridical person that
is a custodial body deems it positively necessary to purchase the land or buildings
or other fixtures to land involved in the designation as historic site, place
of scenic beauty and/or natural monument, for the purpose of ensuring the preservation
of such designated property which is under its custody, the State may grant
a subsidy to cover part of the expenses required for the purchase.
2. To the cases under the preceding paragraph the provisions of Article 35 paragraphs
2 and 3 and Article 42 shall apply mutatis mutandis.
(Investigation for the Purpose of Preservation)
Article 82. The Commissioner of the Agency for Cultural Affairs may,
when he/she deems it necessary, ask the custodial body, the owner or the custodian
to file reports on the existing state of the historic site, place of scenic
beauty and/or natural monument, or on the conditions of its custody, of its
restoration or of the preservation of the integrity of its surroundings.
Article 83. In any of the following cases, when the Commissioner of the
Agency for Cultural Affairs is unable to confirm the conditions of a historic
site, place of scenic beauty and/or natural monument in spite of all the information
given in the report filed under the preceding Article, and when there appears
to be no alternative way for the confirmation thereof, he/she may appoint a
person or persons who are to conduct investigation, and cause them to enter
the land where the historic site, place of scenic beauty and/or natural monument
to be investigated exists or the area adjoining and carry out an investigation
on the spot as to its existing state or the conditions of its custody, of its
restoration or of the preservation of the integrity of its surroundings, as
well as excavation, removal of obstacles or any other measures necessary for
the purpose of such investigation; however, he/she shall not cause the said
person or persons to take such steps as may
result in considerable damage to the owner or the possessor/occupant of such
land or to any other interested parties:
(1) Where application has been filed for approval of alteration of the existing
state or of actions affecting the preservation of a historic site, place of
scenic beauty and/or natural monument;
(2) Where a historic site, place of scenic beauty and/or natural monument is
damaged or in decay;
(3) Where a historic site, place of scenic beauty and/or natural monument is
in danger of destruction, damage, decay or theft;
(4) Where special circumstances necessitate the re-investigation of the value
of a special historic site, place of scenic beauty and/or natural monument or
of a historic site, place of scenic beauty and/or natural monument as such.
2. The State shall indemnify the person or persons who have suffered a loss
owing to the investigation or measures carried out in accordance with the provision
of the preceding paragraph, for the ordinary damage incidental thereto.
3. The provision of Article 55 paragraph 2 shall apply mutatis mutandis to the
cases where investigation is conducted by entering the land in accordance with
the provision of paragraph 1, and the provisions of Article 41 paragraphs 2
to 4 inclusive to the cases under the preceding paragraph, respectively.
CHAPTER V-2 Preservation Districts for Groups of Historic Buildings
(Preservation Districts for Groups of Historic Buildings)
Article 83-2. The term "preservation districts for groups of historic
buildings" in this Chapter shall mean the districts determined by cites,
towns or villages in accordance with the provisions of paragraph 1 or 2 of the
following Article, for the purpose of preserving groups of historic buildings
and the environs which build up a value in combination with such buildings.
(Determination and Protection of Preservation Districts for Groups of Historic
Buildings)
Article 83-3. Municipalities may establish the preservation districts
for groups of historic buildings in their city plans within the city planning
areas designated under the provision of Article 5 of the City Planning Law (Law
No. 100 of 1968). In this case the municipalities may, for the purpose of ensuring
the preservation of the said districts, determine by their own regulations necessary
matter concerning the control on the alteration of the existing state in view
of the standards prescribed by the Cabinet Order, and also determine any other
necessary measures for the said preservation.
2. The municipalities may in the districts other than the city planning areas
under the preceding paragraph, establish the preservation districts for groups
of historic buildings in accordance with their own regulations. In this case,
the provision of the latter part of the preceding paragraph shall apply mutatis
mutandis.
3. In case the governor of a municipality approves the city plan in regard to
the preservation districts for groups of historic buildings under paragraph
1 in accordance with the City Planning Law, he/she shall in advance hear the
opinions of the Board of Education of To, Do, Fu or Ken (Prefectures) concerned.
4. In case the municipalities have established or cancelled the preservation
districts for groups of historic buildings, or has enacted, revised or abolished
their own regulations, they shall report the fact to the Commissioner of the
Agency for Cultural Affairs.
5. The Commissioner of the Agency for Cultural Affairs or the Board of Education
of To, Do, Fu or Ken (Prefectures) may give municipalities guidance or advice
necessary for the preservation of the preservation districts for groups of historic
buildings.
(Classification of Important Preservation Districts for Group of Historic Buildings)
Article 83-4. The Minister of Education may, according to the application
filed by municipalities, classify whole or part of the preservation districts
for groups of historic buildings which possess an especially high value in and
for this country as important preservation districts for groups of historic
buildings.
2. The classification under the provision of the preceding paragraph shall be
made by an announcement in the Official Gazette, and also by the issuance of
a notice thereof to the municipalities which have filed the application.
(Annulment of Classification)
Article 83-5. When any important preservation district for groups of
historic buildings has lost its value as such, or when there is any other special
reason, the Minister of Education may annul the classification thereof.
2. To the cases under the preceding paragraph the provision of paragraph 2 of
the preceding Article shall apply mutatis mutandis.
(Subsidy for Custody, etc.)
Article 83-6. The State may, for the preservation of the important preservation
district for groups of historic buildings, grant a subsidy to cover part of
the expenses required for such measures as may be taken by municipalities for
the custody, repair, enhancement, or restoration of the buildings and such objects
as are deemed positively necessary for the preservation of their environs which
are inseparably combined with the groups of historic buildings within the said
district.
CHAPTER V-3 Protection of Traditional Techniques for Conservation of Cultural Properties
(Designation of Traditional Conservation Technique, etc.)
Article 83-7. The Minister of Education may designate as traditional
conservation techniques those traditional techniques or craftsmanship which
is indispensable for the conservation of cultural properties and must be preserved
with positive measures.
2. In making the designation under the provision of the preceding paragraph,
the Minister of Education shall recognize the holder or holders of the traditional
conservation technique concerned who represent the high standard of such technique,
or its preservation body or bodies (including juridical persons) which primarily
aim at the preservation of such technique and have their representatives or
managers established by their own statutes; hereinafter the same).
3. The recognition relative to a particular designated traditional conservation
technique under t he provisions of the preceding paragraph may cover both the
holders and the preservation bodies.
4. To the designation under the provision of paragraph 1 and the recognition
under the provisions of the preceding two paragraphs the provisions of Article
56-3 paragraphs 3 to 5 inclusive shall apply mutatis mutandis.
(Annulment of Designation, etc.)
Article 83-8. The Minister of Education may, when it is no longer necessary
to take positive measures for the preservation of a designated traditional conservation
technique or when there is any other special reason, annul the designation concerned.
2. In case a holder is deemed to have become inadequate to maintain such title
for his/her mental or physical reasons, or in case a preservation body is deemed
to have become inadequate to maintain such title or when there is any other
special reason, the Minister of Education may annul his/her or its recognition
as holder or preservation body, respectively.
3. The provision of Article 56-4 paragraph 3 shall apply mutatis mutandis to
the cases under the preceding two paragraphs.
4. In case the recognition under paragraph 2 of the preceding Article has been
made only of the holders and all of them have died, or in case the recognition
under the same paragraph has been made only of the holding bodies and all of
them have been dissolved (including their extinction; hereinafter the same in
this paragraph), or in case the said recognition has covered both the holders
and the preservation bodies and all of the holders have died and all of the
preservation bodies have also been dissolved, the designation as the designated
traditional conservation technique shall be deemed to have been annulled. In
such cases, the Minister of Education shall announce the fact in the Official
Gazette.
(Change of Name of Holder, etc.)
Article 83-9. The provision of Article 56-5 shall mutatis mutandis to
the holder and the preservation body. In this case, "the representative"
in the latter part of the same Article shall read" the representative or
the manager."
(Preservation of Designated Traditional Conservation Technique)
Article 83-10. When it is deemed necessary to do so for the preservation
of the designated traditional conservation technique, the Commissioner of the
Agency for Cultural Affairs may himself/herself take record of technique, or
take any appropriate measures for what is deemed necessary for the preservation
thereof, including training of successors in the art.
(Opening to the Public of Records of Designated Traditional Conservation Technique)
Article 83-11. The provisions of Article 56-19 shall apply mutatis mutandis
to the owner of the records of the designated traditional conservation technique.
(Assistance for Preservation of Designated Traditional Conservation Technique)
Article 83-12. The State may give guidance, advice or other assistance
which is deemed necessary to the holder or preservation body of the designated
traditional conservation technique, or to those who are considered appropriate
for undertaking its preservation, such as a local public body.
CHAPTER V-4 The Council for the Protection of Cultural
Properties
(Establishment and Functions)
Article 84. The Ministry of Education shall have the Council for the
Protection of Cultural Properties.
2. The Council for the Protection of Cultural Properties (hereinafter referred
to in this Chapter as the "Council") shall, when consulted by the
Minister of Education or the Commissioner of the Agency for Cultural Affairs,
investigate and deliberate on important matters concerning the preservation
and utilization of cultural properties, as well as make proposals to the Minister
of Education or the Commissioner of the Agency for Cultural Affairs concerning
such matters.
(Consultation with the Council)
Article 84-2. The Minister of Education shall in advance consult the
Council with reference to the following matters:
(1) Designation of national treasures or important cultural properties, and
annulment of such designation; (1-2) Registration of registered tangible cultural
properties, and annulment of such registrations (excluding annulment of registrations
under the provision of Article 56-2-3 paragraph 1);
(2) Designation of important intangible cultural properties, and annulment of
such designations;
(3) Recognition of holders or holding bodies of important intangible cultural
properties, and annulment of such recognition;
(4) Designation of important tangible folk-cultural properties or important
intangible folk-cultural properties and annulment of such designation;
(5) Designation of special historic sites, places of scenic beauty and/or natural
monuments, or of historic sites, places of scenic beauty and/or natural monument,
and annulment of such designation;
(6) Annulment of the provisional designation of historic sites, places of scenic
beauty and/or natural monuments;
(7) Classification to important preservation districts for groups of historic
buildings, and annulment of such classification;
(8) Designation of traditional conservation technique, and annulment of such
designation;
(9) Recognition of holders or preservation bodies of designated traditional
conservation techniques, and annulment of such recognition.
2. The Commissioner of the Agency for Cultural Affairs shall in advance consult
the Council with reference to the following matters:
(1) Orders concerning the custody of important cultural properties or the repair
of national treasures;
(2) Execution by the Commissioner of the Agency for Cultural Affairs of the
repair of national treasures
or of preventive measures against their destruction, damage or theft;
(3) Permission for alteration of the existing state or acts affecting the preservation
of important cultural properties;
(4) Restriction or prohibition of acts, or orders for the provision of necessary
facilities, as may be required for the maintenance of the integrity of surroundings
of important cultural properties.
(5) Purchase of important cultural properties by the State;
(6) Selection of intangible cultural properties other than important intangible
cultural properties, of which the Commissioner of the Agency for Cultural Affairs
should prepare records or for the recording, etc. of which subsidies should
be granted;
(7) Orders concerning the custody of important tangible folk-cultural properties;
(8) Purchase of important tangible folk-cultural properties;
(9) Selection of intangible folk-cultural properties other than important intangible
folk-cultural properties, of which the Commissioner of the Agency for Cultural
Affairs should prepare records or for the recording, etc. of which subsidies
should be granted;
(9-2) Extension of the term of orders for suspension or for prohibition of act
altering the existing state of remains;
(10) Execution of excavation by the Commissioner of the Agency for cultural
Affairs for the purpose of investigating buried cultural properties;
(11) Orders concerning the custody of historic sites, places of scenic beauty
and/or natural monuments, or concerning the restoration of special historic
sites, places of scenic beauty and/or natural monuments;
(12) Execution by the Commissioner of the Agency for Cultural Affairs of restoration
or of preventive measures against destruction, damage, decay or theft of special
historic sites, places of scenic beauty and/or natural monuments;
(13) Permission for alteration of the existing state of historic sites, places
of scenic beauty and/or natural monuments or for acts affecting the preservation
thereof;
(14) Restriction or prohibition of acts, or orders for provision of necessary
facilities, as may be required for the maintenance of the integrity of surroundings
of historic sites, places of scenic beauty and/or natural monuments;
(15) Orders for the recovery of original state of historic sites, places of
scenic beauty and/or natural monuments, to be issued in the cases where any
acts have been made without permission for alteration of the existing state
or for acts affecting the preservation thereof, or not in compliance with the
conditions of such permission, or where the restriction or prohibition of acts
for maintenance of the integrity of their surroundings has been disobeyed;
(16) Delegation to the Boards of Education of To, Do, Fu or Ken (Prefectures)
or of the designated city, etc. of the competence to give permission for alteration
of the existing state of important cultural properties of for acts affecting
the preservation thereof, or for alteration of the existing state of historic
sites, places of scenic beauty and/or natural monuments or for acts affecting
the preservation thereof, or to cancel such permission.
(Members, etc.)
Article 84-3. The Council shall be composed of five (5) members who have
been appointed by the Minister of Education, with the approval of the Cabinet,
from among those who have wide and eminent views on and knowledge of culture.
2. When it is necessary for the investigation of and deliberation on professional
matters, the Council may have an expert member or members and a temporary expert
member or members.
(Transfer to Cabinet Order)
Article 84-4. In addition to what have been provided for in this Chapter,
matters relating to the internal organization of the Council, affairs under
its jurisdiction, its members and other personnel shall be determined by the
Cabinet Order.
CHAPTER VI Additional Provisions
Section 1. Public Hearings and Protests
(Special Cases of Public Hearings)
Article 85. When the Commissioner of the Agency for Cultural Affairs
intends to make dispositions or take measures mentioned in the following items,
he/she shall hold a public hearing, regardless of the classification of the
procedures for the voicing of opinions stipulated in Article 13, paragraph 1
of the Administrative Procedures Law (Law No. 88 of 1993).
(1) Restriction, prohibition or order to be issued to particular persons under
the provisions of Article 45 paragraph 1 or Article 81 paragraph 1;
(2) Order for discontinuance of public viewing under the provisions of Article
51 paragraph 5 (including cases where Article 51-2 [including cases where Article
56-16 applies mutatis mutandis], Article 56-15 paragraph 2 and Article 56-16
apply mutatis mutandis);
(3) Prohibition of or order for discontinuance of excavation under the provision
of Article 57 paragraph 2;
(4) Order for suspension or for prohibition under Article 57-5 paragraph 2 for
the conduct of investigation mentioned in the same paragraph or extension of
the term of such order under the provision of paragraph 5 of the same Article;
(5) Order for restoration to the status quo under the stipulations of Article
80 paragraph 7 (including cases where Article 81 paragraph 3 apples mutatis
mutandis);
2. When the Commissioner of the Agency for Cultural Affairs intends to hold
a public hearing under the preceding paragraph or a public hearing related to
the cancellation of permission under the provisions of Article 43 paragraph
4 (including cases where Article 80 paragraph 3 applies mutatis mutandis) or
those of Article 53 paragraph 4, he/she shall give notice in accordance with
the provision of Article 15 paragraph 1 of the Administrative Procedures Law,
and at the same time shall make a public announcement concerning the substance
of the disposition and the date and place of the public hearing, at least ten
(10) days in advance.
3. Deliberations on the date for the public hearing under the preceding paragraph
shall be held publicly.
(Hearing of Opinions)
Article 85-2. When the Commissioner of the Agency for Cultural Affairs
intends to make dispositions or take measures mentioned in the following items,
he/she shall hold a public hearing by the requesting the attendance of the parties
concerned or their proxies:
(1) Execution of repairs, restoration or measures under the provision of Article
38 paragraph 1 or Article 78 paragraph 1;
(2) Execution of an invasive inspection or measures necessary for inspection
under the provisions of Article 55 paragraph 1 or Article 83 paragraph 1;
(3) Execution of excavation under the provisions of Article 58 paragraph 1.
2. When the Commissioner of the Agency for Cultural Affairs intends to hold
a public hearing under the preceding paragraph, he/she shall notify the parties
concerned of the reasons for the disposition or measure to be made or taken
under the relevant items of the same paragraph, the substance of each disposition
or measure, and the date and place of the public hearing, at least ten (10)
days in advance, and at the same time shall make a public announcement of such
substance of disposition or measure and of the date and place of the said public
hearing.
3. At the public hearing under paragraph 1, the parties concerned or their proxies
may express opinions or give explanations, and produce evidences, in behalf
of themselves or of the principals.
4. In case the parties concerned or their proxies failed to attend the public
hearing under paragraph 1
without a justifiable reason, the Commissioner of the Agency for Cultural Affairs
may effect the disposition or measure mentioned in each of the items of paragraph
1 without holding any public hearing.
(Public Hearing in Case of Procedures for Protest)
Article 85-3. In case a protest has been filed with the Commissioner
of the Agency for Cultural Affairs against either of the dispositions mentioned
below, except in cases where the protest is to be rejected, he/she shall, within
thirty (30) days of receiving the written protest, open a public hearing, requesting
the attendance of the protestant(s) and participants, or any proxies thereof:
(1) Permission or rejection of demand for permission for the alteration of existing
state or for an act affecting the preservation thereof under the provision of
Article 43 paragraph 1 or Article 80 paragraph 1;
(2) Appointment of the custodial body under the provision of Article 71-2 paragraph
1.
2. In holding a public hearing, the Commissioner of the Agency for Cultural
Affairs shall notify the protestant(s) and any participants of the date and
place of the public hearing at least ten (10) days in advance, while making
at the same time a public announcement of the gist of the case and of the date
and place of the said public hearing.
(Participation)
Article 85-4. In addition to the protestant(s), participant(s) and any
proxies thereof, any interested party to the disposition in question who desires
to express his/her opinion on the occasion of the public hereing under paragraph
1 of the preceding Article shall make written application for permission to
the Commissioner of the Agency for Cultural Affairs, stating the matters prescribed
by the Ministry of Education Ordinance.
(Presentation of Evidence, etc.)
Article 85-5. On the occasion of the public hearing opened under the
provision of Article 85-3 paragraph 1, the protestant(s), the participant(s)
and the person(s) participating in the said ppublic hearing in accordance with
the provision of the preceding Article, or the proxies of thereof, must be given
the opportunity to present evidences and to express opinions in regard to the
case concerned.
(Consultation, etc. preceding Final Decision)
Article 85-6. When the case of the protest involves certain coordination
with the mining or stone-quarrying industry, the Commissioner of the Agency
for Cultural Affairs shall, except in the case of rejecting the protest, give
his/her final decision after consulting with the Environmental Disputes Coordination
Commission.
2. Heads of respective administrative organs concerned may give their opinions
in regard to the case of the protest.
(Procedures)
Article 85-7. Other than those provided for in the preceding four Articles
and in the Administrative Appeal Law (Law No. 160 of 1962), procedures with
respect to a protest shall be prescribed by the Ministry of Education Ordinance.
(Relation between Protest and Lawsuit)
Article 85-8. A lawsuit for cancellation of such disposition as mentioned
in each of the items of Article 85-3 paragraph 1 shall not be instituted unless
decision is reached as to the protest raised against the disposition in question.
Section 2. Special Provisions regarding the State
(Special Provisions regarding the State in Connection with Important Cultural
Properties, etc.)
Article 86. In applying the provisions of the present Law to the State
or State organs, special provisions contained in this Section shall have the
priority.
Article 87. When the important cultural property, important folk-cultural
property or historic site, place of scenic beauty and/or natural monument is
the State property which is provided for by the State Property Law (Law No.
73 of 1948), it shall be subjected to the custody of the Minister of Education;
however, when any such property is the administrative property prescribed in
Article 3 paragraph 2 of the same Law in the custody of a person other than
the Minister of Education, or when there is any special reason to place such
a property in the custody of a person other than the Minister of Education,
the question whether the said property should be placed in the custody of the
head of the Ministry or Agency concerned or in the custody of the Minister of
Education shall be determined through the consultation of the Minister of Education,
the head of the Minister or Agency concerned and the Minister of Finance.
Article 87-2. When the transfer of jurisdiction or administrative control
is to be made between the accounting units belonging to different jurisdictions
respecting an important cultural property, important tangible folk-cultural
property, or historic site, place of scenic beauty and/or natural monument,
for the purpose of placing the said property in the custody of the Minister
of Education in accordance with the provision of the preceding Article, it shall
be so arranged without compensation notwithstanding the provision of Article
15 of the State Property Law.
Article 88. When any tangible cultural property or tangible folk-cultural
property belonging to the State has been designated as national treasure or
important cultural property or important tangible folk-cultural property, the
notice or the certificate of designation to be issued to its owner under the
provision of Article 28 paragraph 1 or paragraph 3 (including the cases where
the same provisions apply mutatis mutandis under Article 56-10 paragraph 2)
shall be issued to the head of the Ministry or Agency in charge of the custody
of the tangible cultural property or the tangible folk-cultural property concerned.
In this case, the head of the Ministry or Agency who has received the certificate
of designation of national treasure shall send back to the Minister of Education
without delay the certificate of designation of important cultural property
previously issued for the same property that has now been designated as national
treasure.
2. When the designation of a national treasure, important cultural property
or important tangible folk-cultural property belonging to the State has been
annulled, the notice or the certificate of designation to its owner under the
provision of Article 29 paragraph 2 (including the cases where the same applies
mutatis mutandis under Article 56-11 paragraph 2) or paragraph 5 shall be issued
to the head of the Ministry or Agency in charge of the custody of such national
treasure, important cultural property or important tangible folk-cultural property.
In this case, the head of the Ministry or Agency concerned shall send back the
certificate of designation to the Minister of Education without delay.
3. When the property owned or occupied by the State has been designated or provisionally
designated as special historic site, place of scenic beauty and/or natural monument
or as historic site, place of scenic beauty and/or natural monument, or when
such designation or provisional designation has been annulled, the notice to
be issued to the owner or the possessor/occupant under the provision of Article
69 paragraph 3 (including the cases where the same applies mutatis mutandis
under Article 70 paragraph 3 and Article 71 paragraph 4) shall be issued to
the head of the Ministry or Agency in charge of the custody of such property.
Article 89. The head of the Ministry or Agency in charge of the custody
of an important cultural property, important tangible folk-cultural property
or historic site, place of scenic beauty and/or natural monument shall exercise
the custody of such property in accordance with this Law, and with the Ministry
of Education Ordinance and at the advice of the Commissioner of the Agency for
Cultural Affairs, issued or given thereunder.
Article 90. The head of the Ministry or Agency concerned shall give a
notice to the Commissioner of the Agency for Cultural Affairs through the Minister
of Education in any of the following cases:
(1) Where any important cultural property, important tangible folk-cultural
property, or historic site, place of scenic beauty and/or natural monument has
been newly acquired;
(2) Where there has been the transfer of jurisdiction or of administrative control
respecting any important cultural property, important tangible folk-cultural
property, or historic site, place of scenic beauty and/or natural monument;
(3) Where any important cultural property, important tangible folk-cultural
property, or historic site, place of scenic beauty and/or natural monument,
under the jurisdiction of the Ministry or Agency concerned has been entirely
or partially destroyed, damaged, or decayed, or has been lost or stolen;
(4) Where the location of any important cultural property or important tangible
folk-cultural property, under the jurisdiction of the Ministry or Agency concerned,
is to be changed;
(5) Where any important cultural property or historic site, place of scenic
beauty and/or natural monument, under the jurisdiction of the Ministry or Agency
concerned, is to be repaired or restored (excluding the cae where consent of
the Commissioner of the Agency for Cultural Affairs must be applied for in accordance
with the provision of a paragraph 1 item (1) of the following Article, or any
other cases provided for by the Ministry of Education Ordinance);
(6) Where the existing state of any important tangible folk-cultural property
under the jurisdiction of the Ministry or Agency concerned is to be changed
or an act affecting the preservation thereof is to be taken, or where such property
is to be exported;
(7) Where in regard to the land within the designated area of any historic site,
place of scenic beauty and/or natural monument under the jurisdiction of the
Ministry or Agency concerned, there has been a change in the name of town, lot
number, category or acreage.
2. In cases where notices are to be filed under the respective items of the
preceding paragraph, the following provision shall apply mutatis mutandis: the
provision of Article 32 paragraph 1 and those of Article 56-12 and Article 75
under which Article 32 paragraph 1 applies mutatis mutandis, when notices are
to be filed under items (1) and (2) of the preceding paragraph; the provision
of Article 33 and those of Article 56-12 and Article 75 under which Article
33 applies mutatis mutandis, when notices are to be filed under item (3) of
the preceding paragraph; the provision of Article 34 and that of Article 56-12
under which Article 34 applies mutatis mutandis, when notices are to be filed
under item (4) of the preceding paragraph; the provisions of Article 43-2 paragraph
1 and Article 80-3 paragraph 1 when notices are to be filed under item (5) of
the preceding paragraph; the provision of Article 56-13 paragraph 1, when notices
are to be filed under item (6) of the preceding paragraph; and the provision
of Article 72 paragraph 2, when notices are to be filed under item (7) of the
preceding paragraph.
3. The Commissioner of the Agency for Cultural Affairs may give necessary advice
on the matters notified under paragraph 1 item (5) or (6).
Article 91. The head of the Ministry or Agency concerned shall obtain in advance
the consent of the Commissioner of the Agency for Cultural Affairs through the
Minister of Education, in any of the following cases;
(1) Where he/she intends to alter the existing state of the important cultural
property or of the historic site, place of scenic beauty and/or natural monument,
or to do any act affecting the preservation thereof;
(2) Where he/she intends to export any important cultural property under his/her
jurisdiction;
(3) Where he/she intends to loan, exchange, sell, transfer, or otherwise dispose
of the important cultural property, important tangible folk-cultural property
or historic site, place of scenic beauty and/or natural monument under his/her
jurisdiction.
2. When any of the State organs other than the head of the Ministry or Agency
intends to alter the existing state of the important cultural property or of
the historic site, place of scenic beauty and/or natural monument, or to do
any act affecting the preservation thereof it shall obtain in advance the consent
of the Commissioner of the Agency for Cultural Affairs.
3. In the case coming under paragraph 1 item (1) and the preceding paragraph,
the proviso to Article 43 paragraph 1 and the provision of paragraph 2 of the
same Article, as well as the proviso to Article 80 paragraph 1 and the provision
of paragraph 2 of the same Article shall apply mutatis mutandis.
4. The Commissioner of the Agency for Cultural Affairs shall, in giving consent
regarding the steps provided for in paragraph 1 item (1) or paragraph 2, give
necessary advice thereon as a condition to such consent.
5. The head of the Ministry or Agency concerned or any other State organ shall
duly respect the advice of the Commissioner of the Agency for Cultural Affairs
given under the provision of the preceding paragraph.
Article 92. The Commissioner of the Agency for Cultural Affairs may,
when he/she deems it necessary, give appropriate advice to the head of the Ministry
or Agency through the Minister of Education, respecting the following matters:
(1) Method of custody of the important cultural property, important tangible
folk-cultural property, or historic site, place of scenic beauty and/or natural
monument, under his/her jurisdiction;
(2) Repair or restoration or preventive measures against destruction, damage,
decay or theft of the important cultural property, important tangible folk-cultural
property, or historic site, place of scenic beauty and/or natural monument,
under his/her jurisdiction;
(3) Provision of facilities necessary for the preservation of the integrity
of surroundings of the important cultural property or of the historic site,
place of scenic beauty and/or natural monument;
(4) Display or opening to the public of the important cultural property or the
important tangible folk-cultural property under his/her jurisdiction.
2. With respect to the advice under the preceding paragraph, the provision of
paragraph 5 of the preceding Article shall apply mutatis mutandis.
3. With respect to the share of expenses required for the repairs, restoration
or measures mentioned in paragraph 1 item (2) or for the provision of facilities
mentioned in item (3) of the same paragraph to be undertaken or made on the
advice of the Commissioner of the Agency for Cultural Affairs given under the
same paragraph, the Minister of Education and the head of the Ministry or Agency
concerned shall decide by consultation between themselves.
Article 93. In any of the cases given in the following items, the Commissioner
of the Agency for Cultural Affairs may himself/herself conduct repairs or restoration,
or take preventive measures against destruction, damage, decay or theft, respecting
the national treasure or the special historic site, place of scenic beauty and/or
natural monument belonging to the State. If, in this case, however, the cultural
property in question is under the jurisdiction of the head of the Ministry or
Agency, other than the Minister of Education, the Commissioner of the Agency
for Cultural Affairs shall consult in advance, through the Minister of Education,
the head of the Ministry or Agency taking custody of the said property respecting
the substance of the repairs, restoration or measures, the date o commencement
of the work, and other necessary matters; and if the said property is under
the jurisdiction of the Minister of Education, the Commissioner of the Agency
for Cultural Affairs shall secure his/her approval, unless otherwise regulated
by the Minister of Education.
(1) Where the head of the Ministry or Agency concerned fails to comply with
the advice of the Commissioner of the Agency for Cultural Affairs, given in
regard to the repairs, restoration or measures as provided for in paragraph
1 item (2) of the preceding Article;
(2) Where it is not deemed appropriate to have the said repairs or restoration
or measures undertaken by the head of the Ministry or Agency concerned, in the
case where the national treasure, or the special historic site, place of scenic
beauty and/or natural monument is damaged or in decay, or where there is a fear
that such property may be destroyed or damaged, fall into decay, or may be stolen.
Article 94. In case the Minister of Education deems it necessary for
the purpose of designating a State property as national treasure, as important
cultural property, as important tangible folk-cultural property, as special
historic site, place of scenic beauty and/or natural monument, or as historic
site, place of scenic beauty and/or natural monument, or for the purpose of
clearly grasping the conditions of the State property designated as such, he/she
may demand of the head of the Ministry or Agency concerned a report necessary
for the investigation, or may, except for the case regarding the important tangible
folk-cultural property, appoint a person or persons who are conduct the investigation
and let them carry it out on the spot.
Article 95. In case the Commissioner of the Agency for Cultural Affairs
deems it positively necessary for the purpose of preservation of the State property
designated as an important cultural property, as an important tangible folk-cultural
property or as a historic site, place of scenic beauty and/or natural monument,
he/she may appoint an appropriate local public body or any other appropriate
juridical person and charge it with the conduct of custody necessary for the
preservation of such cultural property (including the care of such facilities,
equipments or any other objects in the ownership or custody of the State as
are needed for the preservation of the said cultural property).
2. In making appointment under the provision of the preceding paragraph, the
Commissioner of the Agency for Cultural Affairs shall obtain in advance the
consent of the head of the Ministry or Agency in charge of the custody of the
cultural property concerned, through the Minister of Education, as well as that
of the local public body or any other juridical person to be appointed as such.
3. To the appointment under the provision of paragraph 1 the provisions of Article
32-2 paragraphs 3 and 4 shall apply mutatis mutandis.
4. Any profit raised from the exercise of the custody under the provision of
paragraph 1 shall revert to the local public body or any other juridical person
concerned.
5. In regard to the custody undertaken by the local public body or any other
juridical person in accordance with the provision of paragraph 1, the following
provisions shall apply mutatis mutandis as follows: the provisions of Article
30, Article 31 paragraph 1, Article 32-4 paragraph 1, Articles 33, 34, 35 and
36, Article 47-2 paragraph 3 and Article 54 to the custody of the important
cultural property or of the important tangible folk-cultural property; and those
of Article 30, Article 31 paragraph 1, Articles 33 and 35, Article 72 paragraphs
1 and 2, Article 72-2 paragraphs 1 and 3, Article 76 and Article 82 to the custody
of the historic site, place of scenic beauty and/or natural monument.
Article 95-2. To the annulment of the appointment under the provision
of paragraph 1 of the preceding Article the provision of Article 32-3 shall
apply mutatis mutandis.
Article 95-3. In case the Commissioner of the Agency for Cultural Affairs
deems it positively necessary for the purpose of protection of important cultural
property, important tangible folk-cultural property, or historic site, place
of scenic beauty and/or natural monument, he/she may make the local public body
or any other juridical person appointed to conduct custody under the provision
of Article 95 paragraph 1 undertake the repair or restoration of the cultural
property concerned.
2. In case the local public body or any other juridical person is made to undertake
the repair or restoration under the provision of the preceding paragraph, the
provision of Article 95 paragraph 2 shall apply mutatis mutandis.
3. In regard to the execution of repair or restoration by the local public body
or any other juridical person under the provision of paragraph 1, the following
provisions shall apply mutatis mutandis as specified below: the provisions of
Article 32-4 paragraph 1 and Article 35 to the repair or restoration of the
important cultural property or of the important tangible folk-cultural property,
and those of Article 35, Article 72-2 paragraph 1 and Article 73 to that of
the historic site, place of scenic beauty and/or natural monument.
Article 95-4. The local public body appointed under the provision of
Article 95 paragraph 1 may use without compensation the land or the building
which is covered by the designation of the important cultural property, important
tangible folk-cultural property or historic site, place of scenic beauty and/or
natural monument, belonging to the State ownership, within the limits of its
custodial necessity.
2. The provisions of Article 22 paragraphs 2 and 3 of the State property Law
shall apply mutatis mutandis to the case where the land or building may be used
under the provision of the preceding paragraph.
Article 96. When the Commissioner of the Agency for Cultural Affairs
intends to execute himself/herself an excavation under the provision of Article
58 paragraph 1, if the land where the said excavation is to take place is owned
by the State or occupied by any organ of the State, he/she shall consult in
advance, through the Minister of Education, the head of the Ministry or Agency
concerned with respect to the purpose, method and date of commencement of the
excavation, and any other matters deemed necessary; however, if the head of
the Ministry or Agency concerned is the Minister of Education, his/her approval
shall be secured.
Article 97. The Commissioner of the Agency for Cultural Affairs shall
keep in custody the cultural property which has reverted to the National Treasury
under the provisions of Article 63; however, the objects which had better be
placed in the custody of any other organ for the purpose of its preservation
or in view of its utility shall be transferred to the custody of such more appropriate
organ.
(Special Provisions Regarding the State in Connection with Registered Tangible
Cultural Properties)
Article 97-2. When registered tangible cultural properties belonging
to the State which are buildings have been registered in accordance with the
provision of Article 56-2 paragraph 1, the notice or the certificate of registration
to be issued to the owner under the provisions of Article 56-2-2 paragraph 1
or 3 shall be issued to the head of the Ministry or Agency in charge of the
custody of the registered tangible cultural property concerned.
2. When the registration of a registered tangible cultural property belonging
to the State has been annulled under the provisions of Article 56-2-3 paragraph
1 or 2, the notification to be given to its owner under paragraph 3 of the same
Article shall be made to the head of the Ministry or Agency in charge of the
custody of the registered tangible cultural property concerned. In this case,
the head of the Ministry or Agency concerned shall send back the certificate
of designation to the Minister of Education without delay.
Article 97-3. The head of the Ministry or Agency in concerned shall give
notice to the Commissioner of the Agency of Cultural Affairs through the Minister
of Education in the following cases:
(1) Where a registered tangible cultural property has been acquired;
(2) Where there has been a transfer of jurisdiction or of administrative control
with respect to any registered tangible cultural property;
(3) Where a registered tangible cultural property under the jurisdiction of
the Ministry or Agency has been entirely or partially destroyed or damaged;
(4) Where the existing status of a registered tangible cultural property is
to be altered;
2. When any State organ other than the heads of the Ministries and Agencies
intends to alter the existing state of a registered tangible cultural property,
it must notify the Commissioner of the Agency for Cultural Affairs.
3. The proviso of Article 32 paragraph 1 shall apply mutatis mutandis to notifications
under paragraph 1 items (1) and (2), and likewise the proviso of 56-2-5 to notifications
under paragraph 1 item (3), and the proviso of 56-2-7 paragraph 1 to notifications
under paragraph 1 item (4) and the preceding paragraph.
4. The proviso of Article 56-2-7 paragraph 1 and the provisions of paragraph
2 shall apply mutatis mutandis to alterations to the existing state under paragraph
1 item (4) and paragraph 2.
5. When deemed necessary for the protection of a registered tangible cultural
property, the Commissioner of the Agency for Cultural Affairs can, through the
Minister of Education, state his opinion to the head of the Ministry or Agency
concerned, or to State organs other than the heads of the Ministries and Agencies,
concerning alterations to the existing state under paragraph 1 item (4) and
paragraph 2.
Article 97-4. When it is deemed necessary to confirm the status of a registered
tangible cultural property belonging to the State, the Minister of Education
can demand of the head of the Ministry or Agency concerned a report necessary
for that investigation.
Article 97-5. To registered tangible cultural properties belonging to the State,
the provisions of Article 56-2-4 paragraphs 3 to 5 inclusive, of Article 56-2-6
paragraph 2, and of Article 56-2-9 paragraph 3 shall not apply.
Section 3. Local Public Bodies and Boards of Education
(Functions of Local Public Body)
Article 98. Local public bodies may issue subsidies in regard to the
expenses required for the preservation and utilization of cultural properties,
including their custody, repair, restoration and public viewing.
2. Any local public body may, in accordance with its own regulations, designate
important items of cultural properties which are located within its own administrative
limits and that which are not designated by the State as important cultural
properties, the important intangible cultural properties, important tangible
folk-cultural properties, important intangible folk-cultural properties or historic
sites, places of scenic beauty and/or natural monuments, and take necessary
measures for their preservation and utilization.
3. In case a local public body has enacted, revised or abolished its own regulations
mentioned in the preceding paragraph, or in case it has designated cultural
properties or annulled such designation, its Board of Education shall report
the fact to the Commissioner of the Agency for Cultural Affairs in accordance
with the Ministry of Education Ordinance.
Article 98-2. When local public bodies deem it necessary to investigate
the buried cultural property, they may, excepting those which the Commissioner
of the Agency for Cultural Affairs undertakes to excavate in accordance with
the provision of Article 58 paragraph 1, undertake to excavate the land considered
to contain
buried cultural properties.
2. In cases where a local public body intends to undertake excavation in accordance
with the provision of the preceding paragraph, if the land where it is to be
undertaken belongs to the State ownership or occupied by a State organ, responsible
Board of Education shall consult in advance the head of the Ministry or Agency
concerned or any other State organ with respect to the purpose, method and date
of commencement of the excavation, and any other matters deemed necessary.
3. The local public body may ask the undertaker for his/her cooperation in regard
to the excavation carried out in accordance with paragraph 1.
4. The Commissioner of the Agency for Cultural Affairs may give the local public
body necessary guidance and advice concerning the excavation carried out under
paragraph 1.
5. The State may grant the local public body a subsidy to cover part of the
expenses required for the excavation carried out under paragraph 1.
Article 98-3. In case the Board of Education of a To, Do, Fu or Ken (Prefecture)
or of a designated city, etc. has discovered a cultural property through an
excavation carried out in accordance with the provision of paragraph 1 of the
preceding Article, the provisions of Article 59 and Article 62 shall apply mutatis
mutandis. In this case, "Article 59 paragraph 1 or paragraph 2 of the preceding
Article" mentioned in Article 62 shall read "Article 59 paragraph
1 which applies mutatis mutandis under Article 98-3 paragraph 1."
2. As for the application of the provision of Article 63 under the preceding
paragraph, "Article 59 paragraph 1 or Article 61 paragraph 2" mentioned
in Article 63 paragraph 1 shall be taken as "Article 59 paragraph 1 which
applies mutatis mutandis under Article 98-3 paragraph 1."
(Consideration with Respect to Local Bond)
Article 98-4. With respect to local bonds to be issued by local public
bodies as a means of raising necessary funds for carrying out undertakings for
the sake of preservation and utilization of cultural properties, appropriate
consideration shall be given, within the limits of laws and regulations, and
as far as the financial situation and the financial conditions of the said local
public bodies permit.
(Delegation of Competence)
Article 99. When deemed necessary, the Commissioner of the Agency for
Cultural Affairs may delegate to the Boards of Education of To, Do, Fu or Ken
(Prefectures), or of designated cities, etc., part of his/her competence as
listed below:
(1) Direction and supervision under the provision of Article 35 paragraph 3
(including the cases where this paragraph applies mutatis mutandis under Article
36 paragraph 3 [including the cases where this paragraph applies mutatis mutandis
under Article 56-14, Article 76 paragraph 2 (including the cases where the latter
paragraph applies mutatis mutandis under Article 95 paragraph 5) and Article
95 paragraph 5], Article 37 paragraph 4 [including the case where this paragraph
applies mutatis mutandis under Article 56-14 and Article 77 paragraph 3], Article
46-2 paragraph 2, Article 56-6 paragraph 2, Article 56-9 paragraph 2 [including
the cases where this paragraph applies mutatis mutandis under Article 56-21],
Article 56-14, Article 56-18 paragraph 2, Article 73-2, Article 75, Article
81-2 paragraph 2, Article 95 paragraph 5 and Article 95-3 paragraph 3);
(2) Permission for the alteration of the existing state or for the acts affecting
preservation, cancellation of such permission, and order for suspension of such
alteration or acts, under the provision of Article 43 or Article 80 (excluding
permission for gross alteration of the existing state or for acts seriously
affecting preservation, and cancellation of such permission);
(3) Order for suspension of public viewing under the provision of Article 51
paragraph 5, Article 51-2 (including the cases where this Article applies mutatis
mutandis under Article 56-16), Article 56-15 paragraph 2 and Article 56-16;
(4) Permission for public viewing, cancellation thereof and order for suspension
of such act, under the provisions of Article 53 paragraphs 1, 3 and 4.
(5) Investigation or execution of measures necessary there of under the provisions
of Article 54 (including the cases where the same Article applies mutatis mutandis
under Article 56-17 and Article 95 paragraph 5),
Article 55, Article 82 (including the cases where this Article applies mutatis
mutandis under Article 95 paragraph 5), or Article 83;
(6) Order for the suspension of the act of excavation under the provision of
Article 57 paragraph 2.
2. In case the Boards of Education of To, Do, Fu or Ken (Prefectures), or of
designated cities, etc., by virtue of the competence delegated to them under
the provision of the preceding paragraph, cancel the permission under item (2)
or (4) of the same paragraph, or in case they execute investigation by entry
into land or take measures necessary therefor under item (5) of the same paragraph,
the provisions of Article 85 shall apply mutatis mutandis, respectively.
With respect to such acts as provided for in the preceding paragraph, out of
those of the execution of the public authority including the disposition which
the Boards of Education of To, Do, Fu or Ken (Prefectures), or of designated
cities, etc., have made by virtue of the competence delegated under the provision
of paragraph 1, no one can address an appeal of dissatisfaction under the Administrative
Appeal Law.
4. The provisions of Articles 85-3 to 85-7 inclusive shall apply mutatis mutandis
to the procedure for appeal to the Commissioner of the Agency for Cultural Affairs
for examination on the acts of execution of the public authority including the
dispositions made by the Boards of Education of To, Do, Fu or Ken (Prefectures),
or of designated cities, etc., and the provision of Article 85-8 to the appeal
for annulment of the dispositions provided for in Article 85-3 paragraph 1 item
(1) which were made by the Boards of Education of To, Do, Fu or Ken (Prefectures),
or of designated cities, etc.
(Delegation of Custody of Important Cultural Properties on Display)
Article 100. When deemed necessary, the Commissioner of the Agency for
Cultural Affairs may delegate to the Boards of Education of To, Do, Fu or Ken
(Prefectures), or of designated cities, etc., the duties relating to the custody
of the important cultural properties or important tangible folk-cultural properties
displayed under the provisions of Article 48 (including the cases where this
Article applies mutatis mutandis under Article 56-16).
2. The Boards of Education of To, Do, Fu or Ken (Prefectures), or of designated
cities, etc., to which the duties referred to in the preceding paragraph have
been delegated, shall appoint from among their personnel persons who are to
undertake the custody of the important cultural properties or important tangible
folk-cultural properties in question.
(Delegation of Judgement of Objects Presented as Buried Objects)
Article 100-2. When deemed necessary, the Commissioner of the Agency
for Cultural Affairs shall delegate to the Boards of Education of To, Do, Fu
or Ken (Prefectures), or of designated cities, etc., the duties of judgement
provided for in Article 61 paragraph 1, of notification and sending back the
object, provided for in paragraph 2 of the same Article and of deliver provided
for in Article 62 (exclusively the delivery of the cultural property prescribed
in Article 62 paragraph 2).
2. When duties are delegated under the provision of the preceding paragraph,
the presentation of the object by the chief of the station under Article 60
shall be made to the prefectural or municipal Board of Education to which such
duties are delegated.
(Trust of Execution of Repairs, etc.)
Article 101. With respect to repairs of the national treasure or preventive
measures against its destruction, damage or theft provided for in Article 38
paragraph 1 or in Article 93, excavation of buried cultural property provided
for in Article 58 paragraph 1, restoration of the special historic site, place
of scenic beauty and/or natural monument or preventive measures against its
destruction, damage, decay or theft provided for in Article 78 paragraph 1 or
in Article 93, the Commissioner of the Agency for Cultural Affairs may, when
he/she deems it necessary, entrust the Boards of Education of To, Do, Fu or
Ken (Prefectures) with the execution of the whole or a part of such affairs.
2. In case the Boards of Education of To, Do, Fu or Ken (Prefectures) act by
virtue of the trust provided for in the preceding paragraph, the following provisions
shall apply mutatis mutandis respectively: the provisions of Article 39, when
whole or part of the repairs or measures mentioned in Article 38 paragraph 1
is to be executed; the provisions of Article 39 applying mutatis mutandis under
Article 58 paragraph 3, when whole or part of the excavation mentioned in Article
58 paragraph 1 is to be executed; the provisions of Article 39 applying mutatis
mutandis under Article 78 paragraph 2, when whole or part of the restoration
or measures mentioned in Article 78 paragraph 1 is to be executed.
(Acceptance of Trust of Custody, etc. of Important Cultural Property or Technical
Guidance thereon)
Article 102. Upon request of the owner (the custodial body, if such has
been appointed) Or of the custodian, the board of Education of To, Do, Fu or
Ken (Prefecture) may, with previous approval by the Commissioner of the Agency
for Cultural Affairs, accept the trust of custody (excluding the cases where
a custodial body has been appointed), repair or restoration of the important
cultural property, of important tangible folk-cultural property or of historic
site, place of scenic beauty and/or natural monument, or give technical guidance
thereon.
2. The provisions of Article 39 paragraphs 1 and 2 shall apply mutatis mutandis,
when the Board of Education of To, Do, Fu or Ken (Prefecture) accepts the trust
of custody, repair or restoration under the preceding paragraph.
(Channel for Presentation of Papers, etc.)
Article 103. Reports and other papers, as well as objects, to be submitted
to the Minister of Education or to the Commissioner of the Agency for Cultural
Affairs under the provisions of this Law with regard to the cultural property,
shall go through the Board of Education of To, Do, Fu or Ken (Prefecture) concerned.
2. The Board of Education of To, Do, Fu or Ken (Prefecture), upon receiving
the papers and objects mentioned in the preceding paragraph, shall forward them
to the Minister of Education or to the Commissioner of the Agency for Cultural
Affairs together with the statement of its own opinions thereon.
3. Notification of order, advice, instruction and any other kinds of disposition
to be issued by the Minister of Education or the Commissioner of the Agency
for Cultural Affairs under the provisions of this Law with regard to cultural
property, shall go through the Board of Education of To, Do, Fu or Ken (Prefecture)
concerned; this shall not apply, however, in cases of extreme urgency.
4. The act of reporting, proposal, or returning of the certificate of designation
to the Minister of Education or to the Commissioner of the Agency for Cultural
Affairs as provided for by this Law shall be deemed as complete at the time
when such report or other document or the certificate of designation has reached
the Board of Education of To, Do, Fu or Ken (Prefecture) which it is to go through
in accordance with the provision of paragraph 1.
(Direction, Supervision and Payment of Expenses)
Article 104. The Commissioner of the Agency for Cultural Affairs may
direct and supervise the Boards of Education of To, Do, Fu or Ken (Prefectures),
or of designated cities, etc., with respect to the duties which the said Commissioner
makes such Boards perform.
2. The expenses which the Boards of Education of To, Do, Fu or Ken (Prefectures),
or of designated cities, etc., require for carrying out the duties mentioned
in the provisions of Articles 99 to 101 inclusive shall be borne by the National
Treasury.
(Presentation of Opinions to the Minister of Education or the Commissioner of
the Agency for Cultural Affairs)
Article 104-2. The Boards of Education of To, Do, Fu or Ken (Prefectures),
or of municipalities (including municipal federations and special districts;
hereinafter the same in this Section), may present their opinions to the Minister
of Education or to the Commissioner of the Agency for Cultural Affairs concerning
the preservation and utilization of the cultural properties which are located
within their administrative districts.
(Regional Cultural Properties Protection Council)
Article 105. Any prefectural or municipal Board of Education may, in
accordance with its own regulations, have a Regional Cultural Properties Protection
Council.
2. The Regional Cultural Properties Council shall, upon inquiry of the prefectural
or municipal Board of Education concerned, investigate and deliberate important
matters concerning the preservation and utilization of cultural properties as
well as make proposals to the said Board of Education with respect to such matters.
3. Particulars concerning the organization and management of Regional Cultural
Properties Protection Council shall be determined by the regulations of the
prefecture or municipality concerned.
(Specialist-Members for Cultural Property Protection)
Article 105-2. The Board of Education of To, Do, Fu or Ken (Prefecture)
may have specialist-members for cultural property protection.
2. The specialist-members for cultural property protection shall from time to
time make inspection tours of cultural properties, give guidance and advice
to their owners and other related persons in regard to the protection of cultural
properties and also undertake educational activities for community people on
the spirit of the protection of cultural properties.
3. The specialist-members for cultural property protection shall serve on a
part-time basis.
CHAPTER VII Penal Provisions
(Criminal Penalties)
Article 106. Any person who has, in contravention of the provision of
Article 44, exported any important cultural property without obtaining the permission
of the Commissioner of the Agency for Cultural Affairs shall be liable to imprisonment,
with or without hard labor, for a term not exceeding five (5) years or to a
fine not exceeding one million (1,000,000) yen.
Article 107. Any person who has damaged, discarded or secreted any important
cultural property shall be liable to imprisonment, with or without hard labor,
for a term not exceeding five (5) years or to a fine not exceeding three hundred
thousand (300,000) yen.
2. If the person mentioned in the preceding paragraph happens to be the owner
of the important cultural property in question, he/she shall be liable to imprisonment,
with or without hard labor, for a term not exceeding two (2) years or to a fine
of minor fine not exceeding two hundred thousand (200,000) yen.
Article 107-2. Any person who has altered the existing state of a historic
site, place of scenic beauty and/or natural monument, or by practicing any act
affecting its preservation destroyed it, damaged it or brought it to decay,
shall be liable to imprisonment, with or without hard labor, for a term not
exceeding five (5) years or to fine not exceeding three hundred thousand (300,000)
yen.
2. If the person mentioned in the preceding paragraph happens to be the owner
of the historic site, place of scenic beauty and/or natural monument in question,
he/she shall be liable to imprisonment, with or without hard labor, for a term
not exceeding two (2) years or to a fine or minor fine not exceeding two hundred
thousand (200,000) yen.
Article 107-3. The person who comes under any of the following items
shall be liable to a fine not exceeding two hundred thousand (200,000) yen.
(1) Any person who has, in violation of the provisions of Article 43 or Article
80, altered the existing state of or done an act affecting the preservation
of any important cultural property or any historic site, place of scenic beauty
and/or natural monument with obtaining the permission of the Commissioner of
the Agency for Cultural Affairs or the Board of Education of To, Do, Fu or Ken
(Prefecture) or designated city, etc., to which the Commissioner of the Agency
for Cultural Affairs had delegated his competence, or without complying with
the conditions of such permission, or failed to obey the order of the said Commissioner
or Board of Education issued to the violator to suspend the act of altering
the existing state or affecting preservation;
(2) Any person who has, in contravention of the provision of Article 57-5 paragraph
2, failed to obey the order of suspension or prohibition of the act which may
lead to the alteration of the existing state issued by the Commissioner of the
Agency for Cultural Affairs.
Article 107-4. The person who comes under any of the following items
shall be liable to a find not exceeding ten thousand (10,000) yen;
(1) Any person who has refused or interfered with the execution of repair or
of any measure for the prevention of destruction, damage or theft of a national
treasure, in contravention of the provision of Article 32-2 paragraph 5 applying
mutatis mutandis under Article 39 paragraph 3 (including the cases where this
paragraph applies mutatis mutandis under Article 101 paragraph 2);
(2) Any person who has refused or interfered with the execution of excavation,
in contravention of the provision of Article 32-2 paragraph 5 applying mutatis
mutandis under Article 39 paragraph 3 which applies mutatis mutandis under Article
58 paragraph 3 (including the cases where this paragraph applies mutatis mutandis
under Article 101 paragraph 2);
(3) Any person who has refused or interfered with the execution of restoration
or of any measure for the prevention of destruction, damage decay or theft of
the special historic site, place of scenic beauty and/or natural monument, in
contravention of the provision of Article 32-2 paragraph 5 applying mutatis
mutandis under Article 39 paragraph 3 which applies mutatis mutandis under Article
78 paragraph 2 (including the cases where this paragraph applies mutatis mutandis
under Article 101 paragraph 2);
Article 107-5. In case the representative of a juridical person, or the
proxy, a servant or any other employee of a juridical person or of a natural
person has committed any of the offenses mentioned in the preceding five Articles,
in regard to the performance of duties or custody of property for which such
juridical or natural person concerned by the same particular Article.
(Administrative Penalties)
Article 108. If a person appointed as responsible for the execution of
custody, repairs or restoration of any important cultural property, important
tangible folk-cultural property or historic site, place of scenic beauty and/or
natural monument, in accordance with the provision of Article 39 paragraph 1
(including the cases where this paragraph applies mutatis mutandis under Article
47 paragraph 3 (including the cases where the latter applies mutatis mutandis
under Article 56-14, Article 78 paragraph 2, Article 101 paragraph 2 or Article
102 paragraph 2), Article 49 (including the cases where this paragraph applies
mutatis mutandis under Article 56-16), or Article 100 paragraph 2, has destroyed,
damaged or brought to decay the same property or has it stolen, by negligence
or serious fault in duty, he/she shall be liable to a non-criminal free not
exceeding three hundred thousand (300,000) yen.
Article 109. The person who comes under any of the following items shall
be liable to a non-criminal fine not exceeding three hundred thousand (300,000)
yen:
(1) Any person who has failed to obey without justifiable reasons such order
of the Commissioner of the Agency for Cultural Affairs as may be issued under
Article 36 paragraph 1 (including the cases where this paragraph applies mutatis
mutandis under Article 56-14 and Article 95 paragraph 5) or Article 37 paragraph
1 pertaining to the custody of an important cultural property or an important
tangible folk-cultural property, or to the repair of a national treasure;
(2) Any person who has failed to obey without justifiable reasons such order
of the Commissioner of the Agency for Cultural Affairs as may be issued under
the provision of Article 76 paragraph 1 (including the cases where this paragraph
applies mutatis mutandis under Article 95 paragraph 5) or Article 77 paragraph
1 pertaining to the custody of a historic site, place of scenic beauty and/or
natural monument, or to the restoration of a special historic site, place of
scenic beauty and/or natural monument.
Article 110. Any person who comes under any of the following items shall
be liable to a non-criminal fine not exceeding one hundred thousand (100,000)
yen:
(1) Any person who has, without justifiable reasons, disobeyed the restriction,
prohibition or the order for provision of facilities issued under Article 45
paragraph 1;
(2) Any person who, in contravention of the provisions of Article 46 (including
the cases where this Article applies mutatis mutandis under Article 56-14),
has failed to make the Commissioner of the Agency for Cultural Affairs an offer
of sale to the State or after making the said offer to him/her has transferred
the important cultural property or important tangible folk-cultural property
in question to any other party than the State within the period prescribed in
paragraph 3 of the same Article (including the cases where this paragraph applies
mutatis mutandis under Article 56-14), or has given false statements in making
the offer of sales under paragraph 1 of the same Article (including the cases
where this paragraph applies mutatis mutandis under Article 56-14) or in making
an application for approval referred to in the proviso to the same paragraph
(including the cases where this paragraph applies mutatis mutandis under Article
56-14);
(3) Any person who has failed to display or open the property concerned to the
public, in contravention of the provision of Article 48 paragraph 4 (including
the cases where this paragraph applies mutatis mutandis under Article 51 paragraph
3 [including the cases where the latter paragraph applies mutatis mutandis under
Article 56-16], or who has, in violation of the provision of Article 51 paragraph
5, Article 51-2 [including the case where this Article applies mutatis mutandis
under Article 56-16], Article 56-15 paragraph 2 and Article 56-16), failed to
obey the order for suspension or discontinuance of such public viewing, which
was issued by the Commissioner of the Agency for Cultural Affairs or by the
Board of Education of To, Do, Fu or Ken
(Prefecture) or designated city, etc. concerned to which the said Commissioner
had delegated his/her competence;
(4) Any person who has in violation of the provisions of Article 53 paragraphs
1, 3 or 4, opened any important cultural property to the public without obtaining
the permission of the Commissioner of the Agency for Cultural Affairs or of
the Board of Education of To, Do, Fu or Ken (Prefecture) or designated city,
etc. to which the said Commissioner has delegated his competence, or without
complying with the conditions of such permission, or failed to obey the order
of the said Commissioner or Board of Education for the suspension of such public
viewing;
(5) Any person who has, in violation of the provisions of Article 54 (including
the cases where this Article applies mutatis mutandis under Article 56-17 and
Article 95 paragraph 5), Article 55, Article 56-2-10, Article 82 (including
the cases where the latter Article applies mutatis mutandis under Article 95
paragraph 5), or Article 83, failed to submit a report or submitted a false
report, or has refused, interfered with or evaded the responsible officials'
on-the-spot investigation by entry into land or the execution of measure necessary
for such investigation;
(6) Any person who has, in violation of the provision of Article 57 paragraph
2, failed to obey the prohibition or the order for suspension or discontinuance
of the act of excavation issued by the Commissioner of the Agency for Cultural
Affairs or the Board of Education of To, Do, Fu or Ken (Prefecture) or designated
city, etc. to which the said Commissioner has delegated his competence;
(7) Any person who has, without justifiable reasons, disobeyed the restriction,
prohibition or order for provision of facilities issued under the provision
of Article 81 paragraph 1.
Article 111. The person who comes under any of the following items shall
be liable to a non-criminal fine not exceeding fifty thousand (50,000) yen:
(1) Any person who has failed to return to the Minister of Education the certificate
of designation of an important cultural property or of an important tangible
folk-cultural property, or to hand it over to the new owner of the property
concerned in violation of the provision of Article 28 paragraph 5, Article 29
paragraph 4 (including the cases where this paragraph applies mutatis mutandis
under Article 56-11 paragraph 2),
Article 56 paragraph 2 (including the cases where this paragraph applied mutatis
mutandis under Article 56-17), Article 56-2-3 paragraph 5 or Article 56-2-11;
(2) Any person who has failed to report or who has submitted a false report
in violation of the provision of Article 31 paragraph 3 (including the cases
where this paragraph applies mutatis mutandis under Article 56-2-4 paragraph
4, Article 56-12 and Article 74 paragraph 2), Article 32 (including the cases
where this Article applies mutatis mutandis under Article 56-2-4 paragraph 4,
Article 56-12 and Article 75), Article 33 (including the cases where this Article
applies mutatis mutandis under Article 56-12, Article 73-2, Article 75 and Article
95 paragraph 5), Article 34 (including the cases where this paragraph applies
mutatis mutandis under Article 56-12 and Article 95 paragraph 5), Article 43-2
paragraph 1, Article 56-2-5, Article 56-2-7 paragraph 1, Article 56-5, Article
56-13 paragraph 1, the body text of Article 56-15 Paragraph 1, Article 57 paragraph
1, Article 57-5 paragraph 1, Article 72 paragraph 2 (including the cases where
this paragraph applies mutatis mutandis under Article 75 and Article 95 paragraph
5), or Article 80-3 paragraph 1;
(3) Any person who has refused, interfered with, or evaded the execution of
custody, repair or restoration of or measure necessary for such action, in violation
of the provision of Article 32-2 paragraph 5 (including the cases where this
paragraph applies mutatis mutandis under Article 34-3 paragraph 2 [including
the cases where the latter applies mutatis mutandis under Article 56-14], Article
56-2-4 paragraph 4, Article 56-2-6 paragraph 2, and under Article 56-12) or
Article 72 paragraph 4.
Article 112. Deleted.
Supplementary Provisions
(Date of Enforcement)
Article 113. The date of the enforcement of this Law shall be provided
for by Cabinet Order within a period not exceeding three (3) months from the
day of its promulgation. (The same Law came into force from the 29th of August,
1950, by the Cabinet Order No. 276 of August, 1950).
(Abolition of Relevant Laws and Orders)
Article 114. The following Laws, Imperial Ordinances and Cabinet Orders
are hereby abolished:
National Treasures Preservation Law (Law No. 17 of 1929);
Law concerning the Preservation of Important Objects of Art, etc. (Law No. 43
of 1933);
Law for the Preservation of Historic Sites, Places of Scenic Beauty and Natural
Monuments (Law No. 44 of 1919);
Ordinance for the Enforcement of the National Treasures Preservation Law (Imperial
Ordinance No. 210 of 1929);
Ordinance for the Enforcement of the Law for the Preservation of Historic Sites,
Places of Scenic Beauty and Natural Monuments (Imperial Ordinance No. 499 of
1919);
Regulations governing the Organization of the National Treasures Preservation
Society (Imperial Ordinance No. 211 of 1929);
Order for the Important Art Objects, etc. Research Council (Cabinet Order No.
251 of 1949);
Order for the Research Council on Historic Sites, Places of Scenic Beauty and
Natural Monuments (Cabinet Order No. 252 of 1949).
(Transitional Provisions consequential upon Abolition of Laws and Orders)
Article 115. The designation of national treasures made prior to the
enforcement of this Law under the provision of Article 1 of the National Treasures
Preservation Law (excluding the cases where the annulment thereof has been made
pursuant to Article 11 paragraph 1 of the same Law) shall be deemed as the designation
of important cultural properties under Article 27 paragraph 1 of this Law, and
the permission given pursuant to Article 3 or 4 of that Law shall be deemed
as the permission under Article 43 or 44 of this Law.
2. With respect to the destruction or damage of national treasures which may
have occurred prior to the enforcement of this Law, the orders which were given
in accordance with Article 7 paragraph 1 of the National Treasures Preservation
Law prior to the enforcement of this Law, and the subsidies which were granted
in accordance with the former part of Article 15 of the same Law prior to the
enforcement of this Law, the provisions of Articles 7 to 10 inclusive, the latter
part of Article 15, and Article 24 of that Law shall continue to be in force.
In this case, "the competent Ministers" in Article 9 paragraph 2 of
that same Law shall read "the National Commission for Protection of Cultural
Properties."
3. With regard to the punishment of acts committed prior to the enforcement
of this Law, the provisions of the National Treasures Preservation Law, excepting
Articles 6 and 23 shall continue to be in force.
4. Any person who owns, at the time of the enforcement of this Law, any national
treasure designated under Article 1 of the National Treasures Preservation Law,
shall report to the Commission stating particulars prescribed by the Regulations
of the Commission, within three (3) months from the time of the enforcement
of this Law.
5. When the report mentioned in the preceding paragraph has been filed, the
Commission shall issue to the owner concerned a certificate of designation of
important cultural property prescribed in Article 28 of this Law.
6. Any person who, in contravention of the provision of paragraph 4, has failed
to report or has fried a false report shall be liable to a non-criminal fine
not exceeding five thousand (5,000) yen.
7. The head of the Ministry of Agency having control, at the time of the enforcement
of this Law, over any national treasure designated under Article 1 of the National
Treasures Preservation Law shall, within three (3) months from the time of the
enforcement of this Law, notify the Commission in writing, stating particulars
prescribed by the Regulations of the Commission; however, this shall not apply
if otherwise provided for by the Regulations of the Commission.
8. When the notification has been made according to the preceding paragraph,
the Commission shall issue to the head of the Ministry or Agency concerned a
certificate of designation of important cultural property prescribed in Article
28 of this Law.
Article 116. With respect to the objects classified under the provision
of Article 2 paragraph 1 of the Law concerning the Preservation of Important
Objects of Art, etc. up to the time of the enforcement of this Law, the old
Law shall continue to be in force for the time being. In this case, the affairs
concerning the operation of that Law shall be conducted by the Commissioner
of the Agency for Cultural Affairs, and "the national treasures" occurring
therein shall read "the important cultural properties under the provisions
of the Law for the Protection of Cultural Properties," "the competent
Minister" reading "the Commissioner of the Agency for Cultural Affairs"
and "designate the same objects as national treasures in accordance with
Article 1 of the National Treasures Preservation Law" reading "the
preceding Article."
2. The Council for the Protection of Cultural Properties shall, in response
to the consultation instituted by the Commissioner of the Agency for Cultural
Affairs, undertake for the time being investigation and deliberation respecting
the permission of exportation under Article 1 of the Law concerning the Preservation
of Important Objects of Art, etc., and matters concerning the annulment of recognition
under Article 2 of the same Law, and other important matters concerning the
preservation of important objects of art, etc., and shall submit to the said
Commissioner such proposals as may be deemed necessary with reference to these
matters.
3. With respect to the operation of the Law concerning the Preservation of Important
Object of Art, etc., the provisions of Article 103 of the present Law shall
for the time being apply mutatis mutandis.
Article 117. The designation of historic sites, places of scenic beauty
and/or natural monuments made prior to the enforcement of this Law, in accordance
with the provision of Article 1 paragraph 1 of the Law for the Preservation
of Historic Sites, Places of Scenic Beauty and Natural Monuments (excepting
the cases where the designation has been annulled) shall be regarded as the
designation made in accordance with he provision of Article 69 paragraph 1 of
this Law, the provisional designation made in accordance with the provision
of Article 1 paragraph 2 of the said old Law (excepting the cases where the
designation has been annulled) shall be regarded as the provisional designation
made in accordance with the provision of Article 70 paragraph 1 of this Law,
and the permission given in accordance with the provision of Article 3 of the
said old Law shall be regarded as the permission given in accordance with the
provision of Article 80 paragraph 1 of this Law.
2. With respect to the orders issued or the dispositions made prior to the enforcement
of this Law, in accordance with the provision of Article 4 paragraph 1 of the
Law for the Preservation of Historic Sites, Places of Scenic Beauty and Natural
Monuments, the provision of Article 4 of the said Law and of Article 4 of the
Ordinance for the Enforcement of the said Law shall continue to be in force.
In this case, "the Minister of Education" Occurring in Article 4 of
the said Ordinance shall red "the National Commission for Protection of
Cultural Properties."
3. As to the punishment for acts committed prior to the enforcement of this
Law, the Law for the Preservation of Historic Sites, Places of Scenic Beauty
and Natural Monuments shall continue to be in force.
(Appointment of the First Members)
Article 118. As to the appointment of the first members of the Commission,
only in the case where the Diet stands prorogued or where the House of Representatives
stands dissolved, an ex post facto approval of the both Houses of the Diet at
the first session convened thereafter shall suffice notwithstanding the provision
of Article 9 paragraph 1.
2. The Minister of Education shall, when he/she is unable to obtain the ex post
facto approval of the both Houses under the provision of the preceding paragraph,
remove such members from their office.
(Convocation of the First Meeting of the Commission)
Article 119. The First meeting of the Commission under this Law shall
be convened by the Minister of Education, notwithstanding the provision of Article
14.
(Term of Office of the First Members)
Article 120. The term of office of the Commission members appointed first
in accordance with this Law, other than the Chairperson and a member who is
to act for him/her, shall be one year for one member and two years for the other
two.
2. The term of office of such members under the application of the provision
of the preceding paragraph shall be decided by lot.
(Partial Amendment of the National Organization Law)
Article 121. The National Government Organization Law shall be partially
amended as follows:
(Omitted.)
(Partial Amendment of the Ministry of Education Establishment Law)
Article 122. The Ministry of Education Establishment Law shall be partially
amended as follows:
(Omitted.)
(Partial Amendment of the Law concerning the Fixed Number of Personnel of Government
Organs)
Article 123. The law concerning the Fixed Number of Personnel of Government
Organs shall be partially amended as follows:
(Omitted.)
(Former National Museums)
Article 124. Unless otherwise provided for by Laws (including orders
thereunder) the former National Museums and the personnel thereof (excepting
the Research Institutes of Art and personnel thereof) shall be the National
Museums and the personnel thereof under this Law and the Research Institutes
of Art attached to the former National Museums and the personnel thereof shall
be the Research Institutes and the personnel thereof under this Law, and shall
retain their respective identities.
2. The Tokyo National Research Institute of Cultural Properties under this Law
shall be able to use the name of "Research Institute of Art," with
respect to the researches and
studies equivalent to those managed by the Research Institutes of Art attached
to the former National Museums.
(Partial Amendment of the Law concerning Compensation for Public Service Personnel
in the Special Government Service)
Article 125. The Law concerning Compensation for Public Service Personnel
in the Special Government Service shall be partially amended as follows:
(Omitted.)
(Partial Amendment of the Lost Property Law)
Article 126. The Lost Property Law shall be partially amended as follows:
(Omitted.)
(Partial Amendment of the National Property Law)
Article 127. The National Property Law shall be partially amended as
follows:
(Omitted.)
(Partial Amendment of the Outdoor Advertisement Law)
Article 128. The Outdoor Advertisement Law (Law No. 189 of 1949) shall
be partially amended as follows:
(Omitted.)
(Partial Amendment of the Board of Education Law)
Article 129. The Board of Education Law (Law No. 170 of 1948) shall be
partially amended as follows:
(Omitted.)
(Partial Amendment of the Net Fortune Tax Law)
Article 130. The Net Fortune Tax Law (Law No. 174 of 1950) shall be partially
amended as follows:
(Omitted.)
Supplementary Provisions
(Law No. 318, December 24, 1951)
(Extract)
1. The Law shall come into force as from the day of its promulgation. However,
the revised provisions of Articles 20, 22, 23 and Article 124 paragraph 2 as
well as the provision of paragraph 3 of the Supplementary Provisions shall come
into force as from April 1, 1952.
2. With regard to the application of the penal provisions to the acts committed
prior to the enforcement of this Law, the provisions of Article 34 of the Law
for the Protection of Cultural Properties before the amendment shall continue
to be in force.
Supplementary Provisions
(Law No. 272, July 31, 1952)
(Extract)
(Date of Enforcement)
1. This Law shall come into force as from August 1, 1952. The provision of paragraph
3 of the Supplementary Provisions, however, shall come into force as from the
day of its promulgation.
(Transitional Provisions concerning Personnel of Branch Office of Tokyo National
Museum)
2. Those who are the personnel of the branch office of the Tokyo National Museum
at the time of the enforcement of this Law shall be the personnel of the Nara
National Museum under the same conditions of service unless an official announcement
of appointment is otherwise issued.
Supplementary Provisions
(Law No. 194, August 10, 1953)
(Extract)
1. This Law shall come into force as from the day of its promulgation.
Supplementary Provisions
(Law No. 213, August 15, 1953)
(Extract)
1. This Law shall come into force as from September 1, 1953.
(Omitted hereinafter.)
2. The permission, approval and other dispositions or application, report and
other proceedings made under the provisions of former laws and orders prior
to the enforcement of this Law shall be deemed as the dispositions or proceedings
made under the corresponding provisions respectively after the revision.
3. The organs or the personnel established under the provisions of the former
laws and orders at the time of enforcement of this Law shall be deemed as established
under the corresponding provisions respectively after the revision.
Supplementary Provisions
(Law No. 131, May 29, 1954)
(Extract)
1. This Law shall come into force as from July 1, 1954.
2. The provisional designation of a historic site, place of scenic beauty and/or
natural monument made prior to the enforcement of this Law shall, notwithstanding
the provision of Article 71 paragraph 2 of the Law for the Protection of Cultural
Properties after the revision under this Law (hereinafter referred to as "the
new Law") become null and void, when the designation has been made under
the provision of Article 69 paragraph 1 of the new Law or when no designation
under the same provision has been made of the same property within three years
of the day of enforcement of this Law.
3. Any person dissatisfied with such disposition as the permission or rejection
for the alteration of the existing state, etc. made within six (6) months before
the enforcement of this Law under the provision of Article 43 paragraph 1 or
Article 80 paragraph 1 of the former Law for the Protection of Cultural Properties
prior to the revision under this Law or with the restriction, prohibition or
order issued to particular persons under the provision of Article 45 paragraph
1 or Article 81 paragraph 1 of the same former Law may place a protest before
the Commission within thirty (30) days of the day of enforcement of this Law.
In this case, the provisions of Article 85-2 paragraphs 2 and 3 and Articles
85-3 to 85-9 inclusive shall apply mutatis mutandis.
4. With regard to the application of penal provisions for the acts conducted
before the enforcement of this Law the precedent shall be followed.
5. The Cabinet Order concerning the Designation, etc. of Bodies for the Conduct
of Custody of the Historic Site, Place of Scenic Beauty and/or Natural Monument
(Cabinet Order 289 of 1953) shall be deleted.
6. The local public body or any other body designated under Article 1 paragraph
1 of the Cabinet Order concerning the Designation, etc. of Bodies to take Custody
of the Former Historic Site, Place of Scenic Beauty and/or National Monument,
and the body who is a juridical person and has been recognized under the provision
of paragraph 2 of the Supplementary Provisions to the same Order as a local
public body or any other body designated under the provision of Article 1 paragraph
1 of the same Order shall be deemed as a local public body or any other juridical
person designated under the provision of Article 71-2 paragraph 1 or Article
95 paragraph 1.
7. The body which is provided for in the preceding paragraph but is not a juridical
person may, notwithstanding the provision of Article 71-2, Article 95 or Article
95-3 of the new Law, be charged during one year of the day of enforcement of
this Law with the conduct of custody and restoration provided for in Article
71-2 paragraph 1, Article 95 paragraph 1 or Article 95-3 paragraph 1 of the
new Law. In this case the provisions concerning a juridical person designated
under the provision of Article 71-2 paragraph 1 or Article 95 paragraph 1 of
the new Law shall apply mutatis mutandis.
Supplementary Provisions
(Law No. 148, June 12, 1956)
(Extract)
1. This Law shall come into force as from the day of the enforcement (September
1, 1956) of the Law concerning Partial Revision of the Local Autonomy Law (Law
No. 147 of 1956).
2.
Supplementary Provisions
(Law No. 163, June 30, 1956)
(Extract)
(Date of Enforcement)
1. This Law shall come into force as from October 1, 1956. (Omitted hereinafter.)
Supplementary Provisions
(Law No. 86, April 25, 1958)
(Extract)
1. This Law shall come into force (Omitted.) as from the day of its promulgation.
Supplementary Provisions
(Law No. 148, April 20, 1959)
(Extract)
(Date of Enforcement)
1. This Law shall come into force as from the day of the enforcement (January
1, 1960) of the National Tax
Collection Law (Law No. 147 of 1959).
Supplementary Provisions
(Law No. 111, June 2, 1961)
(Extract)
(Date of Enforcement)
1. This Law shall come into force as from the day of its promulgation and applicable
as from April 1, 1951.
Supplementary Provisions
(Law No. 140, May 16, 1962)
(Extract)
1. This Law shall come into force as from October 1, 1962.
2. The provisions revised by this Law shall apply to such matters as taken place
prior to the enforcement of this Law, unless otherwise provided for by these
Supplementary Provisions; however, the effect taken under the provisions provided
for prior to the revision by this Law shall be retained.
3. With regard to the lawsuits pending at the time of the enforcement of this
Law the precedent shall be followed, notwithstanding the provisions revised
by this Law which prescribes that the lawsuits in question shall not be instituted.
4. With regard to the jurisdiction over the lawsuits pending at the time of
the enforcement of this Law, the precedent shall be followed notwithstanding
the provisions revised by this Law which makes the jurisdiction concerned an
exclusive jurisdiction.
5. With regard to the period of institution of a lawsuit for the disposition
or the decision for with the period of a lawsuit is in progress at the time
of the enforcement of this Law according to the provisions provided for prior
to the revision under this Law, the precedent shall be followed; however, this
shall apply exclusively to the case where the period of institution of a lawsuit
under the provisions revised by this Law is shorter than that of institution
of a lawsuit under the provisions provided for prior to he revision by this
Law.
6. The period of institution of the lawsuit of parties for the disposition or
the decision made prior to the enforcement of this Law, which is to be decided
according to the revision by this Law, shall be counted as from the day of the
enforcement of this Law.
7. With regard to the lawsuit for revocation of the disposition or the decision
pending at the time of the enforcement of this law, the precedent shall be followed
notwithstanding the provision revised by this Law that one of the parties related
to the law concerned shall be a defendant; however the court concerned may permit
by its decision to change the lawsuit in question into the lawsuit of parties.
8. In case of the proviso to the preceding paragraph, the provisions of the
latter part of Article 18 and Article 21 paragraphs 2 to 5 inclusive of the
Administrative Litigation Law shall apply mutatis mutandis.
Supplementary Provisions
(Law No. 161, September 15, 1962)
(Extract)
1. This Law shall come into force as from October 1, 1962.
2. The provisions revised by this Law shall apply, unless otherwise provided
for by these Supplementary Provisions, to the dispositions made by the administrative
agency prior to the enforcement of this Law, the forbearance of the administrative
agency as to the application made prior to the enforcement of this Law and other
matters taken place prior to the enforcement of this Law; however the effect
taken under the provisions provided for prior to the revision by this Law shall
be retained.
3. With regard to the petitions, the requests for examination, the protests,
or other appeals of dissatisfaction (hereinafter referred to as "the petitions,
etc.") filed prior to the enforcement of this Law, the precedent shall
be followed even after the enforcement of this Law. With regard to the petitions,
etc. of those who are dissatisfied with the judgements, decisions or other dispositions
(hereinafter referred to as "the judgements, etc.") on the petitions,
etc. formed prior to the enforcement of this Law, or the judgements, etc. which
are to be given after the enforcement of this Law on the petitions, etc. filed
before the enforcement of this Law, the same shall apply.
4. The petitions, etc. provided for in the preceding paragraph, relating to
the dispositions against which appeals of dissatisfaction may be instituted
according to the Administrative Appeal Law after the enforcement of this Law,
shall concerning the application of laws other than that Law, be deemed as the
appeals of dissatisfaction instituted under the Administrative Appeal Law.
5. With regard to the judgement, etc. on the requests for examination, the protests
or other appeals of dissatisfaction to be formed after the enforcement of this
Law according to the provision of paragraph 3, no appeal of dissatisfaction
can be instituted under the Administrative Appeal Law.
6. With regard to the dispositions which were made by the administrative agency
prior to the enforcement of this Law and against which the petitions, etc. could
e formed according to the provisions provided for prior to the revision of this
Law and of which the period for institution was not decided, the period during
which appeals of dissatisfaction can be instituted shall be counted as from
the day of the enforcement of this Law.
8. With regard to the application of the penal provisions to such actions as
conducted prior to the enforcement of this Law, the precedent shall be followed.
9. Other than those provided for in the preceding eight paragraph, transitional
measures necessary for the enforcement of this Law shall be decided by the Cabinet
Order.
10. In case where this Law and the Law for Adjustment of Laws concerned in Compliance
with the Enforcement of the Law concerning Legal Procedure for Administrative
Cases (Law No. 140 of 1952) have revised provisions relating to one and the
same Law, the last one shall be revised first by this Law and then revised by
the Law for Adjustment of Laws concerned in Compliance with the Enforcement
of the Law concerning Legal Procedure for Administrative Cases.
Supplementary Provisions
(Law No. 36, March 31, 1965)
(Extract)
(Date of Enforcement)
Article 1. This Law shall come into force as from April 1, 1965. (Hereinafter
omitted.)
(Principle in Transitional Measures in Compliance with Partial Amendment of
Other Laws and Orders)
Article 5. The provisions of the laws and orders after the revision under the
provisions of Chapter II shall, unless otherwise provided for, apply to the
income tax after that for 1965 or to the corporation tax for a business year
of juridical persons provided for in the provisions of such laws and orders
which terminates after the day of the enforcement, and with regard to the income
tax before that for 1964 or the corporation tax for a business year of the said
juridical persons which terminated before the day of the enforcement, the precedent
shall be followed.
(Commitment to Cabinet Order)
Article 15. Other than those provided for in the Article 1 to the preceding
Article inclusive of the Supplementary Provisions, transitional measures necessary
for the enforcement of this Law shall be decided by the Cabinet Order.
Supplementary Provisions
(Law No. 99, Jun 15, 1968)
(Extract)
(Date of Enforcement)
1. This Law shall come into force as from the day of its promulgation; however
the provisions of Chapter VIII
shall come into force as from August 1, 1968.
(Transitional Provisions)
2. Those who are the personnel of the Cultural Affairs Bureau of the Ministry
of Education, the Secretariat of the National Commission for Protection of Cultural
Properties, the Institutions under the jurisdiction of the Ministry of Education
(excluding those which shall become corresponding organs under the jurisdiction
of the Agency for Cultural Affairs) or the auxiliary organs to the National
Commission for Protection of Cultural Properties (excluding the Council of Experts
on Cultural Properties) shall be the corresponding personnel of the Agency for
Cultural Affairs with equivalent conditions of service, unless otherwise orders
be issued.
3. The permission, approval, designation and other dispositions or the notification
and other proceedings which have been made or issued at the time of enforcement
of this Law by the National Commission for Protection of Cultural Properties
or by the Minister of Education in accordance with the provisions of the former
Laws prior to the revision by this Law, such as the Law for the Protection of
Cultural Properties, the Copyright Law, the Law concerning Intermediary Services
with regard to the Copyright, the Law concerning Special Provisions of the Copyright
Law in Consequence of the Enforcement of the Universal Copyright Convention,
the Law regulating Possession of Swords and Firearms, or the National Theater
Law shall be regarded as the dispositions and proceedings made or issued by
the Minister of Education or the Commissioner of the Agency for Cultural Affairs
in accordance with the corresponding provisions of the Laws revised by this
Law.
4. The applications, report or other proceedings which have fried at the time
of the enforcement of this Law by the National Commission for Protection of
Cultural Properties or the Minister of Education in accordance with the provisions
of the former Laws prior to the revision by this Law, such as the Law for the
Protection of Cultural Properties, the Copyright Law, the Law concerning Intermediary
Services with regard to the Copyright, the Law concerning Special Provisions
of the Copyright Law in Consequence of the Enforcement of the Universal Copyright
Convention, the Law regulating Possession of Swords and Firearms, or the National
Theater Law shall be regarded as the proceedings taken by the Minister of Education
or the Commissioner of the Agency for Cultural Affairs in accordance with the
corresponding provisions of the Laws revised by this Law.
5. The Regulations of the National Commission for Protection of Cultural Properties
which are in force at the time of the enforcement of this Law shall have the
force as the Ministry of Education Ordinance.
Supplementary Provisions
(Law No. 88, May 31, 1971)
(Extract)
(Date of Enforcement)
Article 1. This Law shall come into force as from July 1, 1971.
(Omitted hereinafter.)
Supplementary Provisions
(Law No. 96, June 1, 1971)
(Extract)
(Date of Enforcement, etc.)
1. This Law shall come into force as from the day of its promulgation.
(Omitted hereinafter.)
(Transitional Measures)
16. The application of the penal provisions to the acts committed prior to the
enforcement of this Law (With regard to the provisions prescribed under each
item of paragraph 1 of the Supplementary Provisions, each of the said provisions)
shall be same as heretofore.
Supplementary Provisions
(Law No. 52, June 3, 1972)
(Extract)
(Date of Enforcement, etc.)
Article 1. This Law shall come into force as from the day provided for by the
Cabinet Order within a period not exceeding thirty (30) days from the day of
its promulgation.
(Omitted hereinafter.)
(The same Law came into force as from the first of July, 1972, by the Cabinet
Order No. 235 of June, 1972.)
Supplementary Provisions
(Law No. 49, July 1, 1975)
(Date of Enforcement)
1. This Law shall come into force three (3) months after its promulgation.
(Special Provisions regarding the Order for Suspension, etc. in Case of Discovery
of Remains)
2. With regard to the application of the provisions of Article 57-5 of the Law
for the Protection of Cultural Properties revised by this Law (hereinafter referred
to as "the new Law") for the period of five years from the day of
its enforcement, "three (3) months" in the proviso to paragraph 2
of the same Article shall read "six (6) months," and "six (6)
months" in the proviso to paragraph 5 of the same Article shall read "nine
(9) months." In this case the dispositions under paragraph 2 of the same
Article which have been made prior to the day five (5) years after the day of
its enforcement shall follow the precedent under the same Article given before
the said day even after the said day.
(Transitional Measures)
3. With regard to the important intangible cultural property designated under
the provision of Article 56-3 paragraph 1 of the Law for the Protection of Cultural
Properties before amendment under this Law (hereinafter referred to as "the
former Law") at the time of the enforcement of this Law, if the Minister
of Education deems it necessary to recognize holding bodies under Article 56-3
paragraph 2 of the new Law instead of the holders who have been recognized under
Article 56-3 paragraph 2 of the former Law, he/she shall annul the recognition
of all the holders made under the provision of Article 56-3 paragraph 2 of the
former Law within the period of one year after the enforcement of this Law and
newly recognize the holding bodies under the provision of Article 56-3 paragraph
2 of the new Law. In this case the provisions of Article 56-3 paragraph 3 and
Article 56-4 paragraph 3 of the new Law shall apply mutatis mutandis.
4. With regard to the application of the provisions of the new Law, the important
material folk-culture which has been designated under the provision of Article
56-10 paragraph 1 of the former Law at the time of the enforcement of this Law
shall be regarded, as the important tangible folk-cultural property designated
under the provision of Article 56-10 paragraph 1 of the new Law. In this case,
the certificate of designation of the important material folk-culture issued
under the provision of Article 28 paragraph 3 of the former Law applying mutatis
mutandis under Article 56-10 paragraph 2 of the former Law shall be regarded
as the certificate of designation of the important tangible folk-cultural property
issued under the provision of Article 28 paragraph 3 of the new Law applying
mutatis mutandis under Article 56-10 paragraph 2 of the new Law.
5. With regard to the excavation reported prior to the enforcement of this Law
under the provision of Article 57-2 paragraph 1 of the former Law, the precedent
under Article 57-2 of the former Law shall be followed notwithstanding the provisions
of Article 57-2 and Article 57-3 of the new Law.
6. In case of the application of the provision of Article 57-3 of the new Law
to the State organs, etc. provided for in Article 57-3 paragraph 1 of the new
Law which have formulated the plan of operation under the same paragraph prior
to the enforcement of this Law (excluding those which have been reported under
the provision of Article 57-2 paragraph 1 of the former Law concerning the execution
of such plan of operation), "when the said State organs, etc. formulate
the plan of operation related to the said excavation, they shall inform in advance"
shall read "the said State organs, etc. shall after the enforcement of
this Law inform without delay."
7. As to those which were reported as recognizable to be remains prior to the
enforcement of this Law under the provision of Article 84 paragraph 1 of the
former Law, the provisions of Article 84 of the former Law shall continue to
be in force notwithstanding the provisions of Article 57-5 of the new Law (in
case of the State organs, etc. provided for in Article 57-3 paragraph 1 of the
new Law which cannot be taken as the head of the Ministry or Agency Provided
for in Article 87 of the former Law, Article 57-6 of the new Law).
8. As to those which were notified prior to the enforcement of this Law as recognizable
to be remains under the provision of Article 90 paragraph 1 item (8) of the
former Law by the head of the Ministry or Agency provided for in Article 87
of the former Law, the provision of Article 90 paragraph 3 of the former Law
applicable to the notice given under Article 90 paragraph 1 item (8) of the
former Law shall continue to be in force notwithstanding the provision of Article
57-6 of the new Law.
9. The application of the penal provisions to the acts committed prior to the
enforcement of this Law shall be same as heretofore.
10. Other than those provided for in the preceding seven paragraphs, transitional
measures necessary for the enforcement of this Law shall be determined by the
Cabinet Order.
(Partial Amendments to Relevant Laws)
11. The Ministry of Education Establishment Law (Law No. 146 of 1949) shall
be partially amended as follows:
(Omitted.)
12. The Outdoor Advertisement Law (Law No. 189 of 1949) shall be partially amended
as follows:
(Omitted.)
13. The Building Standard Law (Law No. 201 of 1950) shall be partially amended
as follows:
(Omitted.)
14. The Local Tax Law (Law No. 226 of 1950) shall be partially amended as follows:
(Omitted.)
15. The City Planning Law (Law No. 100 of 1968) shall be partially amended as
follows:
(Omitted.)
Supplementary Provisions
(Law No. 78, December 2, 1983)
(Extract)
1. This Law (excepting Article 1) shall come into force as from July 1, 1984.
Supplementary Provisions
(Law No. 89, November 12, 1993)
(Extract)
(Date of Enforcement)
Article 1. This Law shall come into force as from the day of the promulgation
(October 1, 1994) of the Administrative Procedures Law
(Law No. 88 of 1993).
(Transitional Provisions Concerning Non-profit Dispositions into which Inquiries,
etc. are Held)
Article 2. If, before the enforcement of this Law, there is a request by law
for an inquiry or the like for which procedures should be implemented corresponding
to the procedures for public hearings or to the procedures for granting opportunities
to express opinions to deliberative councils and other parliamentary organs
a stipulated by the Article 13 of the Administrative Procedures Law, with regard
to non-profit disposition procedures related to the said request for an inquiry
or the like, precedents under the former Law shall be followed notwithstanding
the relevant provisions of the new Law.
(Transitional Provisions Concerning Penal Provisions)
Article 13. Precedents under the former Law shall be followed concerning the
application of penal provisions to acts committed prior to the enforcement of
this Law.
(Transitional Provisions for Arrangement of Stipulations Concerning Public Hearings)
Article 14. Prior to the enforcement of this Law, any audiences, inquiries or
public hearings (excluding those related to non-profit dispositions) held according
to law, as well as the procedures therefor, shall be regarded to have been conducted
in accordance with the corresponding provision of the Laws revised by this Law.
(Cabinet Order Mandate)
Article 15. Other than those provided for in Supplementary Provision Article
2 through the preceding Article, transitional measures necessary for the enforcement
of related laws shall be determined by Cabinet Order.
Supplementary Provisions
(Law No. 49, June 29, 1994)
(Extract)
(Date of Enforcement)
1. Among the Chapters of this Law, the stipulations of Chapter 1 and of the
following paragraph shall come into force [ellipsis] as from the day of the
promulgation (April 1, 1995) of the revised stipulations of Volume
2 Chapter 12 of the Local Government Act (Law No. 67 of 1947) among the Law
Revising Part of the Local Government Act (Law No. 48 of 1994).
Supplementary Provisions
(Law No. 97, November 11, 1994)
(Extract)
(Date of Enforcement)
Article 1. This Law shall come into force as from the day of its promulgation.
(Omitted hereinafter.)
(Transitional Provisions Accompanying Partial Revision of the Law for the Protection
of Cultural Properties)
Article 4. Prior to revision according to the stipulations of Article 4, offers
for transfer under the stipulations of Article 46 paragraph 1 of the Law for
the Protection of Cultural Properties (including cases where the same Law's
Article 56-14 apply mutatis mutandis) as well as applications for approval under
the stipulations of the proviso Article 46 paragraph 1 of the Law for the Protection
of Cultural Properties (including cases where the same Law's Article 56-14 apply
mutatis mutandis), which were made prior to enforcement of the stipulations
of Article 4, shall follow precedents under the former Law, notwithstanding
the stipulations of the Law for the Protection of Cultural Properties after
revision according to the stipulations of Article 4.
(Transitional Provisions Concerning Penal Provisions)
Article 20. Concerning the application of penal provisions to acts committed
prior to the enforcement of this Law as well as in cases where precedents under
the former Law shall be followed concerning the application of penal provisions
under [ellipsis] the stipulations of the Supplementary Provisions [ellipsis]
Article 4 [ellipsis], to acts committed after the enforcement of the stipulations
of Article 4 [ellipsis], the precedents under the former Law shall be followed.
(Cabinet Order Madate)
Article 21. Other than those provided for in Supplementary Provision Article
2 through the preceding Article, transitional measures necessary for the enforcement
of this Law (including transitional measures concerning penal provisions) shall
be determined by Cabinet Order.
Supplementary Provisions
(Law No. 66, June 12, 1996)
(Extract)
(Date of Enforcement)
1. This law shall come into force as from the day provided for by the Cabinet
Order within a period not exceeding nine (9) months from the day of its promulgation.
(Transitional Measures Concerning Notifications on Public Viewing of Important
Cultural Properties, etc.)
2. At the time this Law comes into force, persons who have received or who have
applied for permission under the stipulations of Article 53 paragraph 1 of the
Law for the Protection of Important Cultural Properties prior to revision (hereinafter
referred to as "the former Law"), and who are establishers of a public
viewing approved institution stipulated in the proviso of Article 53 paragraph
1 of the Law for the Protection of Important Cultural Properties after revision
(hereinafter referred to as "the new Law"), and who hold exhibitions
and/or other events at said public viewing approved institution, shall be regarded
as having made notification according to the stipulations of paragraph 2 of
the same Article.
3. Before this Law comes into force, State organs or local public bodies, other
than the Commissioner of the Agency for Cultural Affairs, which have given notice
under the stipulations of the proviso of Article 53 paragraph 1 of the former
Law, and who hold exhibitions and/or other events at public viewing approved
institutions stipulated in the proviso of Article 53 paragraph 1 of the new
Law, shall be regarded as having made notification according to the stipulations
of paragraph 2 of the same Article.
4. State organs or local public bodies, other than the Commissioner of the Agency
for Cultural Affairs, which hold exhibitions and/or other events at a public
viewing advance notification exempted institution under the stipulations of
the proviso of Article 56-15 paragraph 1 of the new Law, or, among establishers
of a public viewing advance notification exempted institution which hold these
at said public viewing advance notification exempted institution, those which
gave notice under the stipulations of Article 56-15 paragraph 1 of the former
Law shall be regarded as having given notice under the stipulations of the proviso
of Article 56-15 paragraph 1 of the new Law.
(Transitional Provisions Concerning Penal Provisions)
5. Precedents under the former Law shall be followed concerning the application
of penal provisions to acts committed prior to the enforcement of this Law.
(Deliberations)
6. If ten (10) years have passed since the enforcement of this Law, the Japanese
government shall consider the Law's implementation status, the status of cultural
properties to be protected under this Law, etc., and, adding deliberations concerning
systems related to the registration of tangible cultural properties, shall take
necessary measures based on the results thereof.