Index:
Chapter 1: General Rules (Article1-Article 9)
Chapter 2: Registration (Article 10- Article 17)
Chapter 3: Public Museums (Article 18- Article 26)
Chapter 4: Private Museums (Article 27- Article 28)
Chapter 5: Assorted rules (Article 29)
Amendment 1993 Law no. 89
Amendment July 16, 1999 Law no.87
Amendment December 22, 1999 Law no. 160
Amendment December 22, 1999 Law no. 220
Amendment July 11, 2001 Law no. 105
(Aim of this law)
Article No. 1: This law is upon the spirit of the Social Education Law (1949, law no.207), determines the matters related to the establishment and administration of a museum, and the planning of its sound development. It also aims at contributing to the development of the culture as well as the education and learning of the people.
(Definition) Amendment: 1999, law no. 220
Article No. 2: According to this law, “a museum” is a means (excluding community centers as per social education law as well as the libraries as per the Library law [1950, law no. 118] ) for the collection of the objects related to history, fine arts, folklore, industry, natural sciences etc. and its safe- keeping (including its promotion and so on and so forth.) as well as its exhibition, and under educational consideration, offering its usage by the general public. It also aims at conducting necessary work contributing to their education, investigation research, recreation etc. and also conducting investigation and research on these objects put together. It can be established by a local municipality, a corporation as per Civil law, Article 34 (1896, law no.89), a religious body or any other body appointed by government ordinance (an independent administrative institution [a term used for independent administrative institution under clause 1 of Article 2 as per independent administration institution general rule law {1999, law no.103}. The same applies to Article 29]. It also has to undergo registration as per the Provisions stated under Chapter 2.
2) According to this law, “A Public Museum” is the term used for a museum established by a local municipality, and “A Private Museum” is the term used for a museum established by a corporation as per Article 34 of The Civil Law, a religious body, or a corporation as appointed by government ordinance as stated in the preceding clause.
3) According to this law, “Museum objects” is the term used for the objects which is collected, safe-kept or exhibited by the museum.
(The work conducted by the Museum)
Article No. 3: A museum mainly conducts the work printed on the left, to achieve the aims prescribed in the clause 1 of the preceding Article.
1. To collect abundantly, safe-keep and exhibit museum objects such as actual objects, specimens, replicas, models, documents, graphs, photographs, films, phonorecords etc.
2. To establish an annex, or to exhibit the museum objects outside the said museum.
3. To conduct activities concerning necessary explanation, counsel, guidance etc. related to the usage of the museum objects to the general public; or to establish research- rooms, laboratories, factories, libraries etc. and to let them be utilized.
4. To conduct technical and specialized investigation and research related to the museum objects.
5. To conduct technical investigation and research on the safe- keeping and exhibition of the museum objects.
6. To prepare and distribute guidelines, explanation books, catalogues, illustrated history, bulletin and a written report of the investigation and research, on the museum objects.
7. To sponsor lecture meetings, short courses, a projection meeting, etc. on the museum objects, as well as to aid the opening of these.
8. To prepare explanation books or catalogues etc. informing the general public regarding the utilization of the cultural assets, at the site or in the periphery of the said museum, to which the Law on the Protection of Cultural Properties (1951, law no.214) is applicable.
9. To keep in close contact with other museums or institutions having the same aims as that of the museum, and to co- operate with them, and to conduct the mutual exchange an loaning of publication material, information and museum objects.
10. To cooperate with various institutions relating education and learning in schools, libraries, research centers, community centers etc., and to aid such activities.
2) The museum, while conducting its work should also take into account the conditions of the place, and contribute to the improvement in the practical life of the people, and furthermore, pay attention to supporting the school education.
(The Director, curators, and other staff)
Article No. 4: To post a director at the museum.
2) The director must perform the functions of his post and work towards the accomplishment of his duties by supervising the staff under his control.
3) To post curators as the technical staff, to the museum.
4) The curators must administer the collection, safe- keeping, exhibition and the investigation and research of the museum objects as well as the technical matters related to this.
5) To be able to appoint staff other than the director and the curators, who may be of assistance to them.
6) The assistant curators must assist them in their duties.
(Qualifications of the curators) Amendment:1999, law No.160
Article No. 5: A person who may fall under any of the following will be considered to possess the qualification to become a curator.
1. A person who possesses a graduate degree, and has acquired credits in the subject related to museum, as determined by the instructions of the Ministry of Education, Culture, Sports, Science and Technology.
2. A person who has attended university for more than two years, and has acquired more than 62 credits including those in a subject related to museum as stated in the preceding clause, and has been working as assistant to the curators, for more than 3 years.
3. A person who is recognized by the Minister of Education, Culture, Sports, Science and Technology, to possess academic abilities equal to or higher than those of a person determined by the Ministry of Education, Culture, Sports, Science and Technology as printed in the preceding clause.
Amendment:1999, law No.160
2) The position of assistant curators as discussed in the preceding clause no.2, may include a person who may be appointed by the Minister of Education, Culture, Sports, Science and Technology for a position equivalent to or more than that considered suitable for assistant curator, or at an institution which conducts work similar to that of the museum.
(Qualifications of the assistant curator)
Article No. 6: A person eligible to enter a university as prescribed by the Article 56 (1947, law no.26), possesses the qualification of assistant curator.
Article No. 7: Deleted
(Criteria desirable for the establishment and administration) Amendment:1999, law No.160
Article No. 8: The Minister of Education, Culture, Sports, Science and Technology is to set forth to the general public as well as to cite to the boards of education, desirable criteria regarding the establishment and administration of the museum, for its sound planning.
(Registration)
Article No. 10: A person who wishes to establish a museum, has to undergo registration for the said museum, in the original register provided by the board of education of the prefecture in which the said museum is located.
(Application for the registration)
Article No. 11: A person who wishes to undergo registration as per the provision in the preceding article, has to submit a written application for registration regarding the establishment of the museum, mentioning matters printed to the left, to the board of education of the prefecture.
1. The name of the person who wishes to establish the museum, and his address in case of a private museum.
2. Name
3. Address
2) The written application for registration stated in the preceding clause are to be attached to documents printed to the left.
1. For Public museums, these attachment documents include a copy of establishment rules, a copy of museum rules, a document mentioning the location and area to be submitted directly for the use of the museum and its drawing, documents related to the plans of the work for the said year, as well as the documents related to the estimate of the annual expenditure and expenses and also the catalogue of the museum objects and documents mentioning the names of the director of the museum and of the curators.
2. For Private museums, these attachment documents include articles of association of the concerned body, or otherwise a copy of the deal of donation, or a copy of the rules of the concerned religious body, a copy of the museum rules, a document mentioning the location and area to be submitted directly for the use of the museum and its drawing, documents related to the plans of the work for the said year, as well as the documents related to the income and expenditure, and also the catalogue of the museum objects and documents mentioning the names of the director of the museum and of the curators.
(Investigation of the necessary conditions for registration)
Article No. 12: The board of education of prefectures, on receiving a written application for registration as per the provisions in the preceding article, has to conduct an investigation to see whether the museum for which the application has been submitted fulfills the necessary condition printed to the left. If it recognizes the condition to be duly fulfilled, it has to register the matters printed in the clause 1 of the same article as well as the date of registration in the original register, and also notify the said applicant of the registration. But if it does not recognize the conditions to be duly fulfilled, it has to notify the said applicant of the non-registration along with a supplementary note stating the reason for not doing so.
1. To possess the museum objects necessary for the accomplishment of the aims provided in the clause 1 of Article No.2
2. To possess the curators necessary for the accomplishment of the aims provided in the clause 1 of Article No.2.
3. To possess the land as well as the building necessary for the accomplishment of the aims provided in the clause 1 of Article No.2.
4. To open the museum for more than 150 days in a year.
(Changes in matters pertaining to registration)
Article No. 13: In case of the person, who wishes to establish a museum, has some changes regarding matters printed in clause1of Article No.11, or any important changes regarding the matter mentioned in the attachment documents provided in the clause 2 of the same Article, it has to be notified to the board of education of prefectural governments.
2) The board of education of prefectural governments, on learning about the existence of changes in the matters printed in clause 1 of Article No.11, has to conduct an altered registration of the matters of the said museum.
(Cancellation of registration)
Article No. 14: In case of a museum found lacking in the necessary conditions printed in each of the clause of Article No.12, or having obtained the registration based on some misrepresentation, the board of education has to cancel the registration of the said museum. However, if the museum lacks in the necessary conditions as a result of a natural calamity or some unavoidable cause, this restriction will not be applicable for a period of two years from the day it ceases to comply with the conditions.
2) In case of the board of education of the prefectural government having to cancel the registration as per the provisions of the preceding clause, it has to promptly notify the person who has established the said museum to this effect.
(Discontinuation of a museum)
Article No. 15: In case of the discontinuation of a museum, the person who has established the said museum must notify the board of education of the prefectural government to this effect.
2) In case of the discontinuation of a museum by the person who has established it, the board of education of the prefectural government must cancel the registration of the said museum.
(Entrustment of rules)
Article No. 16: Excluding the facts determined in this chapter, the important matters related to registration of museum, are to be determined by the board of education of the prefectural government.
Article No. 17: Deleted deleted: 1999, law no.087
(Establishment)
Article No. 18: The matters related to the establishment of public museum have to determine by regulations of the local municipalities that establish the said museum.
(Jurisdiction)
Article No. 19: The public museum falls under the jurisdiction of the board of education of the local municipalities that establish the said museum.
(Museum council)
Article No. 20: Public museums can hold a museum council.
2) A Museum council would be an organization to answer to inquiries by the director of the museum regarding its administration, as well as to express his opinions.
Article No. 21: The committee members of the museum council would be appointed by the board of education of the local municipalities which establish the said museum, from amongst people related to school education as well as social education; and also from amongst people of experience of academic standing.
Article No. 22: The establishment of museum council, number of its members, their tenure, and other important matters related to the museum council would be determined by the regulations of local municipalities which establish the said museum.
(Entrance fee etc.)
Article No. 23: A public museum cannot collect entrance fee or any other price for use of museum objects. However, in case of unavoidable circumstances, a value may be collected for the maintenance of the museum.
(Subsidy for the museum)
Article No. 24: National government can grant towards the local municipalities that establish the museum, a part of the expenses required for the establishment and facilities of the museum, within the limits of the expenditure.
2) The necessary matters related to the issue of the grant-in-aid as per the preceding clause would be determined by the government ordinance.
Article No. 25: Deleted
(Cancellation or restoration of the grant-in-aid)
Article No. 26: The national government, in case of granting a grant-in-aid to the local municipalities for alteration of museum as per the provisions under Article 24, can suspend the grant under any of the clauses mentioned to the left, from the said year. And also, if the cancellation of the application is found to be caused by misrepresentation as per the clause 1, the grant-in-aid already issued, and in case of clause 3 and 4, the grant-in-aid already issued for the said year, would have to be restored.
1. If the registration of the said museum is cancelled as per the provision under Article No.14.
2. If the local municipalities discontinue the said museum.
3. If the local municipalities violate the regulations of the issuance of the grant-in-aid.
4. If the local municipalities have acquired the grant-in-aid by misrepresentation or falsehood.
(Relationship with the board of education of prefectural government)
Article No. 27: The board of education of prefectural governments can demand necessary report from the private museum for the purpose of preparation of guidance data as well as for investigation and research related to the private museum.
2) The board of education of prefectural governments, in compliance to its demand can give specialized and technical guidance and suggestions related to the establishment and administration of the private museum.
(Connection with the government as well as with the local municipalities)
Article No. 28: National government as well as the local municipalities can, in compliance with its demand, give support regarding the protection of the necessary material.
Chapter 5: Assorted rules Amendment: 1999, law no.160
Amendment:1999, law no.220
Article No. 29: The definition of clause 2, Article 27 would be applicable to an institution that conducts work similar to that of a museum and is termed as an institution suitable for a museum, by the Minister of Education, Culture, Sports, Science and Technology for an establishment of an institution by the country or an independent administrative institution and by the board of education of the prefecture in which the said institution is located in case of any other institution.
Unofficial translation by the workshop for database on laws for protection of cultural property