Mail Law
法令番号: 法律第165号
公布年月日: 昭和22年12月12日
法令の形式: 法律
I hereby promulgate the Mail Law
Signed:HIROHITO, Seal of the Emperor
This twelfth day of the twelfth month of the twenty-second year of Showa (December 12, 1947)
Prime Minister KATAYAMA Tetsu
Law No.165
Mail Law
Chapter I General Provisions
Article 1.(Object of this Law) The object of this Law is to promote the welfare of the people by furnishing them with the Postal Service universally, impartially, and at lowest possible charges.
Article 2.(Mail Service as State Function and Duties of Minister of Communications) The Mail Service is a function of the State and is conducted under the administration of the Minister Communications.
The Minister of Communications shall, in order to attain the object of this Law, be responsible for the following:
1. To issue Ministerial Ordinances, in accordance with the provisions of treaties and laws relative to the Mail Service.
2. To establish or discontinue Post Offices, and to fix hours of attendance at, as well as services offered by, Post Offices, not infringing any law.
3. To establish equipments and facilities necessary for the collection, transportation and delivery of mail matter.
4. To direct and supervise persons engaged in the Mail Service with reference to their duties.
5. To establish facilities for welfare, health and others necessary for the increase of efficiency of persons engaged in the Mail Service, and to train such persons not infringing any law.
6. To make necessary contracts for the performance of the Mail Service, in accordance with the provisions of laws and ordinances relating to finance and accounts.
7. To perform any other duties than enumerated in the preceding items relating to the Mail Service which are imposed upon the Minister of Comminications by the statute.
Article 3.(Delegation of Authority) The Minister of Communications may delegate with respect to details, his authority provided by this Law to the Director of Communications or the Postmaster, fixing conditions therefor.
Article 4.(Government Officials Engaged in Mail, Service) Matters concerning the status, compensation and performance of duty of Government officials engaged in the Mail Service, including special postmasters and matters concerning the operation of post offices by special postmasters are not provided for by this law and shall be respectifically prescribed by future law.
Article 5.(Monopoly of Mail Service) No person or legal entity may operate or engage in any phase of the Mail Service, or, except in the case of the State-operated Mail Service, may engage in such service. This does not prevent the Minister of Communications from making by contract, in conformity with the provisions of laws, any individual or legal entity perform part of the Mail Service on behalf of the Ministry of Communications Organization.
No person or legal entity shall establish a private business of the conveyance and delivery of letters.
No person or legal entity who conducts a transportation service, any representative, agent or employee thereof, shall convey and deliver letters by his means of transportation for the benefit of others, provided that the same shall not be applicable to letters of indication or invoices under unsealed cover accompanying freights.
Article 6.(Equality of Utilization) No person or other legal entity shall be discriminated against in the utilization of the Mail Service.
Article 7.(Restrictions on Utilization and Suspension of Service) In case of natural disasters or any other circumstances beyond control, the Minister of Communications is authorized to restrict the utilization of the Mail Service or suspend part of the Service, if necessary to secure the handling of important mail matter.
Article 8.(Prohibition of Censorship) No censorship of mail matter shall be maintained.
Article 9.(Preservation of Privacy) The privacy of correspondence while in the custody of the Mail Service shall not be violated.
Persons engaged in the Mail Service shall keep the secrets of others that may come within their knowledge in connection with mail matter during their tenure of office. The same shall hold good even after their retirement from the Service.
Article 10.(Obligation of Mail Transportation) The following persons or legal entities shall transport mails, when so required by the Minister of Communications, according to the provisions of laws regarding the transportation of mails:
1. Administrator of the State-operated transportation service by railway, ship, or general motor vohicle on fixed routes.
2. Person or legal entity who operates a private railway enterprise governed by the Private Railway Law.
3. Person or legal entity who operates a tramway enterprise governed by the Tramway Law.
4. Person or legal entity who operates a transportation service for the use of the public communications by regularly operated ship on fixed routes.
5. Person or legal entity who operates a transportation enterprise by general motor vehicle on fixed routes.
6. Person or legal entity who operates a cable-car enterprise.
7. Person or legal entity who operates a public transportation service other than mentioned in the preceding items for the use of the public communications, by regularly operated vessel, carriage or pack-horse, on fixed water or land routed.
In the case of the preceding paragraph, the Minister of Communications shall pay a reasonable amount of transportation charges, in conformity with the provisions of the law concerning the transportation of mails.
Article 11.(Exemption from General Average Contribution) Mail matter and things necessary for mail handling shall be exempted from general average contribution.
Article 12.(Quanantine by Preference) Mail matter shall be quarantined prompthly and prior to other things, when it is to be quarantined.
Article 13.(Treaties with respect to Mail Matter) Any provision, with respect to mail matter, contained in treaties shall preferentially apply.
Chapter II Mail Matter and Rates of Postage
Section I General Provisions
Article 14.(Unmailable Matter) The following matter shall be unmailable:
1. Explosive, inflammable, or other dangerous substances which are designated by the Minister of Communications.
2. Poisonous or drastic medicies and poisonous or drastic substances (except those mailed by Government or Public Offices, physicians, dentists, veterinary surgeons, pharmaceutical chemiste, or persons or legal entitites licensed to trade in poisonous and drastic substances).
3. Living disease-germs and such things as supposed to contin or to be contaminated with living disease-germs (except those mailed by Government or Public Offices, institutess for bacteriological examination, physicians, or veterinary curgeons).
4. Things of which transmission or circulation is forbidden by laws and ordinances.
Article 15.(Prohibition of Mailing by Ministerial Ordinance) Ths Minister of Communications is authorized to designate things and prohibit the mailing there of by Ministerial Ordinance, when he recognizes it necessary for preventing injury on persons engaged in the Mail Service or damage to mail matter.
Article 16.(Classification of Mail Matter) Mail matter shall be divided into letter mail and parcel post;letter mail shall be divided into the first class to the fifth class.
Article 17.(Limits of Weight and Size) The weight and size of mail matter shall not exceed the following limits:
1. Letter mail
Size Length
45 centimeters Breadth 30 centimeters Depth 15 centimeters
Weight
a. Ths first class
4 kilograms
b. From the third class to the fifth class (except those mentioned in c.)
1,200 grams Samples and pattern of 300 grams merchandise
c. Of the fourth class
Printed matter only in braille points for the use of the blind 3 kilograms
2. Parcel Post
Size Length, breadth and depth each 50 centimeters or length 1 meter, breadth and depth each 20 centimeters
Weight 4 kilograms
The Minister of Communications is authorized to handle parcels not exceeding in size double the dimensions prescribed in the preceding paragraph and in weight 20 kilograms fixing necessary conditions for handling, when no inconvenience is recognized in mail handling.
Article 18.(Manner of Wrapping and Superscription of Address, etc.) The Minister of Communications is authorized to prescribe by Ministerial Ordinance the manner of wrapping and superscription of address and other as well as of items necessary for the handling on the mail matter.
Article 19.(Mailing of Currency and Valuable Articles) Currency, when presented for mailing, shall be acceptable only as insured matter.
Valuable metals, jewels, precious stones, or other valuable articles designated by the Minister of Communications, when presented for mailing, shall be acceptable only as registered or insured matter, provided that such articles, when grouped together with currency, shall be subject to the provisions of the preceding paragraph.
Article 20.(Free Matter) The following mail matter in connection with the business of Mail, Telegraph, Telephone, Postal Money Order, Postal Savings, Postal Transfer Savings, Post Office Life Insurance, Post Office Annuities, Payment of Annuities and Pensions, Receipt end Payment of National Treasury Fund, or Sale of Revenue Stamps, may be mailed free of postage:
1. Mail matter sent by Ministry of Communications Organizations.
2. Mail matter sent to Ministry of Communications Organizations at the request of such Organizations.
Mail matter free of postage shall not be admitted to special services, except those otherwise provided for in other laws or designated by the Minister of Communications.
Section 2 Letter Mail
Article 21.(First-Class Mail Matter) The following shall be mail matter of the first class:
1. Mail matter containing letters in writing (paper or other materials of a similar nature on which is written correspondence (including such correspondence as typewritten or produced by stamping process) addressed to a specific person or legal entity, with the exception of post cards);
2. Mail matter containing postage stamps, replycoupons, and post cards with postage mark impressed thereupon;revenue stamps paper currency and bank notes;public bonds, debenture bonds, stock-certificates, documents of title to freight, bills of lading, warehouse receipts, bills of exchange, promissory notes, checks, postal money orders, merchandise checks;and papers, instruments or certificates of a similar nature designated by the Minister of Communications;
3. All mail matters not included in the other classes.
The rate of postage on first-class matter shall be 1 yen 20 sen for each 20 grams in weight or fraction thereof.
Article 22.(Second-Class Mail Matter) Post cards shall be mail matter of the second class, and divided into two classes, single and reply-paid.
The rates of postage on second-class matter shall be fixed as 50 sen for signle post cards and 1 yen for reply-paid post cards.
Post cards shall be issued by the Minister of Communications following the size, quality and form provided by him in Ministerial Ordinance. However, post cards may be, in accordance with the provisions of Ministerial Ordinance, manufactured privately in conformity to the size, quality and form of those issued by the Minister of Communications.
Post cards beating on the face descriptions other than the names and addresses of the sender and addressee, or accompanying other articles, or deformed, shall not be mailable. However, the Minister of Communications is authorized to prescribe otherwise by Ministerial Ordinance.
Such post card as deposited against the Provisions of the preceding paragraph, shall be treated as first-class matter.
Article 23.(Third-Class Mail Matter) Mail matter containing periodicals bearing the words expressing that the same have been entered as third class mail matter, shall be, under unsealed cower, mail matter of the third class.
Mail matter of the third class shall be restricted to such periodicals as sanctioned by the Minister of Communications.
The Minister of Communications shall give his sanction referred to in the preceding paragraph, when periodicals conform to the following conditions:
1. When the material is published consecutively and not less frefuently than once or more a month;
2. When it is impossible to determine from the nature of the contents, when the publication will terminate;
3. When the material is put on sale to the public with the purpose of reporting or discussing political, economical, cultural or other public matters.
The rate of postage on third-class matter shall be 50 sen for each 100 grams in weight or fraction thereof, provided that the rate of postage on mail matter contining such periodicals as newspaper issued three times or more a month, the Officials Gazzette, and efficial bulletins issued by Government or Public Offices, when mailed directly by the publishers or the news agents, shall be, for one day's issue or one copy, 15 sen for each 100 grams in weight or fraction thereof.
For each sanction referred to in Paragraph 2, the publisher of the periodical shall pay a charge of 200 yen without delay.
Article 24.(Cancellation of Sanction relative to Third-Class Mail Matter) The Minister of Communications is authorized to cancel the sanction referred to in the preceding Article, Paragraph 2, when the periodical has ceased to conform to the conditions laid down in the same Article, Paragraph 3.
Article 25.(Alteration of Title, etc. of Third-Class Matter) With respect to any alteration of the title, kind of contents, or publisher of a periodical sanctioned under Article 23, Paragraph 2, the publisher shall obtain the sanction of the Minister of Communications in accordance with the provisions of Ministerial Ordinance.
For each sanction referred to in the preceding paragraph, the publisher of the periodical shall pay without delay a charge of 100 yen in the case of alteration of one item and 150 yen in the case of alteration of two items or more.
Article 26.(Fourth-Class Mail Matter) Mail Matter containing the following articles shall be, under unsealed cover, mail matter of the fourth class:
1. Printed matter (Matter printed only in braille points shall be regarded as printed matter.)
2. Commercial papers.(Such matter as Paper or other materials of a similar nature, on which is written such matter as not having a character of correspondence addressed to a specific person or legal entity.)
3. Photographs, manuscripts, pictures, and drawings.
4. Samples and patterns of merchandise, and scientific specimens.
The rate of postage on furth-class matter shall be 1 yen 20 sen for each 100 grams in weight or fraction thereof, provided that the rate of postage on mail matter containing printed matter only in braille points for the use of the blind, shall be 15 sen for each 1 kilogram in weight or fraction thereof.
Article 27.(Fifth-Class Mail Matter) Mail matter containing the following things shall be, under unsealed cover, mail matter of the fifth class. And mail matter containing silk-worm eggs sealed tightly with the approval of the Ministry of Communications Organization shall be the same:
1. Seeds of plants, young plants, and stems prescribed by Ministerial Ordinance, as well as roots, barks, and mushrooms, which are intended for cultivation.
2. Silkworm eggs, eggs of domestic fowls, honeybees, and edible frogs, which are intended for breeding.
3. Samples of food-stuffs exchanged between Government or Public Offices for the examination of food-stuffs, in accordance with the provisions of law and ordinance.
The rate of postage on fifth class matter shall be 15 sen for each 100 grams in weight or fraction thereof.
Article 28.(Restriction on Superscription, etc. on Mail Matter of Third to Fifth Class) Mail matter of the third, the fourth and the fifth classes shall bear on the outside no descriptions other than the names and addresses of the sender and the addresses or shall accopmany no other article. However, the Minister of Communications is authorized to prescribe otherwise by Ministerial Ordinance.
The contents of the mail matter prescribed in the preceding paragraph may fear necessary descriptions for the transmission thereof, or may accompany other articles, in accordance with the provisions of Ministerial Ordinance.
Mail matter deposited for mailing against the provisions of the preceding two paragraphs, shall be regarded as package containing different classes of letter mail.
Article 29.(Package containing Different Classes of Matter) A package containing different classes of letter mail shall be charged with the rate of postage applicable to the class of matter contained therein for which the rate is highest. However, when mail matter of the second class is grouped together with any other class of matter, the whole package shall be charged with the rate of postage applicable to first-class matter.
Section 3 Parcel Post
Article 30.(Requirements) Mail matter containing articles other than letters, and bearing the word "Parcel" on the conspicuous part of the surface, shall be parcel post.
The Provisions of Article 28, Paragraphs 1 and 2 shall correspondingly be applicable to parcels.
Article 31.(Rates of Postage) The rates of postage on parcel post shall be 5 yen up to 2 kilograms in weight and 3 yen for each additional 2 kilograms or fraction thereof.
The Minister of Communications is authorized to reduce by Ministerial Ordinance the rates of postage on parcels sent or received only within the ward limits in the Metropolis, within one and the same special city, or within one and the same city, town, or village, by not more than half the rates prescribed in the preceding paragraph.
Chapter III Payment and Refund of Postal Charges
Article 32.(Method and Time of Payment of Charges) Except as otherwise prescribed by this Law, postal charges shall be prepaid by postage stamps.
When post cards with postage marks impressed thereon are mailed, the postage shall be considered as paid to the extent of the amount represented by such marks.
Postal charges may be paid by currency in accordance with the provisions of Ministerial Ordinance, and postage and special service fees on mail matter may, in accordance with the provisions of Ministerial Ordinance, be paid after mailing on the security of currency, the amount of which corresponds to more than three times the estimated amount of postage and special service fee on mail matter to be mailed within one month.
Article 33.(Issue and Sale of Stamps, etc.) Postage stamps and other impressed papers representing postal charges shall be issued by the Minister of Communications, and sold at Post Offices and such sale agencies as prescribed by specific law.
Article 34.(Private Marks on Stamps, etc.) Postage stamps and other impressed papers representing postal charges may be used with private marks made thereon, if so authorized by the Minister of Communications.
The Minister of Communications shall provide by Ministerial Ordinance for matters concerning private marks referred to in the preceding paragraph.
Persons or legal entities who have obtained the authorization prescribed in Paragraph 1 shall pay a charge of 100 yen without delay.
Article 35.(Invalid Stamps, etc.) Soiled or impaired postage stamps or post cards of which the impressed postage marks are soiled or impaired shall be invalid.
Article 36.(Extinction of Obligation of Payment of Charges) The obligation of payment of postal charges shall cease to exist, if the payer receives no advice of payment within six months of the date when the postal charges ought to be paid.
Article 37.(Collection of Unpaid Charges) The deficiency of postal charges shall be collected by the Minister of Communications in the same manner as in the case of dispositions for the recovery of national taxes in arrears.
As regards the right of priority, the deficiency mentioned in the preceding paragraph shall rank next to the national taxes.
Article 38.(Refund of Charges) The postal charges already paid shall be refunded at the request of the payer only in the following cases:
1. Charges paid in excess;
2. Charges for the special services, or other special treatments provided by this Law, for which application has been made as to mail matter, in case such services or treatments have not been rendered by the Ministry of Communications Organization through any cause other than force majeure or such services or treatments have been tried to no effect;
3. Charges on mail matter, in case indemnity shall be paid with respect to the mail matter by the Minister of Communications (excluding registration and insurance fees);
4. Charges with respect to the collection of mail from a private mail box or the use of a post office box, paid for the months following the month in which the collection or the use is discontinued.
Article 39.(Application for Refund of Charges) Applications under the provisions of the preceding Article for the refund of charges may not be made, after the period of one year from the date of the payment with regard to the charges prescribed in Items 1 and 2 of the preceding Article;after the period of six months from the date when the information is received from the Minister of Communications to the effect that indemnity shall be paid with respect to the charges provided in Item 3 of the same Article, and from the date when the private installation or the use is discontinued, as regards the charges mentioned in Item 4 of the same Article.
Chapter IV Handling of Mail Matter
Article 40.(Declaration, and Opening for Examination, at Time of Acceptance) At the time of acceptance of mail matter, the Ministry of Communications Organization is authorized to require the sender to declare the kind and nature of the contents.
In the case of the preceding paragraph, the Ministry of Communications Organization is authorized to require the sender to open the mail matter for examination, when it is suspected that the mail matter contains any article different from that declared and is mailed in violation of the provisions of this Law or Ministerial Ordinances based thereon.
If the sender refuses the declaration referred to in Paragraph 1 or the opening referred to in the preceding paragraph, the Ministry of Communications Organization is authorized to refuse the acceptance of the mail matter.
Article 41.(Opening for Examination of Mail Matter While Being Handled) In case it is suspected that mail matter which is being handled by the Ministry of Communications Organization has been mailed in violation of the provisions of this Law or Ministerial Ordinances based thereon, the Organization is authorized to require the sender or the addressee to open the mail matter for examination.
If the sender or the addressee refuses the opening referred to in the preceding paragraph, or it is impossible to require the sender or the addressee to open the mail matter, the Ministry of Communications Organization designated by the Minister of Communications is authorized to open the same, provided that sealed mail matter of the first class shall be returned to the sender without being opened.
Article 42.(Disposal of Dangerous Matter) If mail matter which is being treated by the Ministry of Communications Organization contains any matter enumerated in Items 1 to 3 of Article 14, the organization is authorized to take necessary measures such as destruction, etc. for the purpose of preventing danger. In this case the sender shall be informed of such disposal without delay.
Article 43.(Change of Address and Withdrawal) The sender of mail matter may apply to the mailing Post Office for the change of address or withdrawal of the mail matter so long as it has not been delivered or handed over.
The charges regarding an application for change of address and for withdrawal are as follows:
1. Before completion of preparation for despatch of the mail matter, 2 yen 50 sen
2. After completion of preparation for despatch of the mail matter,
By mail 5 yen
By telegraph
Change of address 40 yen
Withdrawal 30 yen
3. In case the mail matter is to be delivered, by the mailing Post Office, 2 yen 50 sen
Article 44.(Redirection) When the addressee of mail matter has changed his address, the mail matter shall be redirected to the new address, if it is known.
Upon redirection of letter mail of registration, insurance or special delivery or a parcel post, the Ministry of Communications Organization shall cause the postage and the registration, insurance or special-delivery fee to be paid anew by the addressee. When the addressee refuses to pay such postage and fee, they shall be paid by the sender.
Article 45.(Identification of Addressee) The Ministry of Communications Organization is authorized to demand necessary proofs from the addressee of mail matter in order to verify his identity.
Article 46.(Proper Delivery) Mail matter which is delivered through formalities prescribed by this Law or Ministerial Ordinances based thereon, shall be regarded as properly delivered.
Article 47.(Private Installation of Letter Boxes) Letter boxes may be installed privately with the authorization of the Minister of Communications.
The Minister of Communications shall fix by Ministerial Ordinance conditions regarding the private installation of letter boxes referred to in the preceding paragraph.
Article 48.(Charges for Mail Collection from Private Letter Boxes) The amount of charge for mail collection from a private letter box shall be per year, the total amount of the following charges:
1. Charges according to daily frequency of collection trip;
Six times or more Three times or more Twice or less
360 yen 300 yen 240 yen
2. Charge according to daily total kilometerage of collection trip;
In case the distance of collection trip is prolonged due to the installation of the letter box, for each 100 meters of the prolonged distance multiplied by the daily frequency of collection trip or fraction thereof
20 yen
The kilometerage referred to in the preceding paragraph, Item 2, shall be fixed by the Ministry of Communications Organization.
In case the private installation of a letter box is authorized in the course of the period prescribed in Article 49, Paragraph 1, the collection charges for the same period, as well as collection charges for a letter box to be installed for a period less than one year, shall be calculated by the month.
In case there takes place any change in the frequency of collection or in the total kilometerage of collection trip, during each period provided in Article 49, Paragraph 1, the charges to be collected for the period shall undergo no alteration.
Article 49.(Period of Payment of Charges for Mail Collection from Private Letter Box) As regard the collection charges prescribed in the preceding Article, a year is divided into two periods, the first period from April 1 to September 30 and the second from October 1 to March 31 of the following year, and the charges for each period shall be paid by the day preceding the first day of the period.
In case the private installation of a letter box is approved in the course of the period referred to in the preceding paragraph, the collection charges for the period shall be paid without delay, and the whole amount of collection charges for a letter box to be installed for a period less than one year shall be paid by the day next preceding the first day of the period.
Article 50.(Post Office Box) The Minister of Communications is authorized to install post office boxes at Post Offices, and to prescribe by Ministerial Ordinance the conditions for the use of such boxes.
The yearly rent for a post-office box shall be as follows:
1. When there are installed 200 or more boxes at the Post Office............ 200 yen
2. When there are installed less than 200 but not less than 100 boxes at the Post Office............................ 120 yen
3. When there are installed less than 100 boxes at the Post Office............ 80 yen
When two or more keys are rented for one and the same box, the charges referred to in the preceding paragraph shall be increased by 20 yen for each additional key.
The provisions of Article 48, Paragraphs 3 and 4, as well as of the preceding Article shall correspondingly he applicable to the rent for post office boxes.
Article 51.(Unpaid or Insufficiently Prepaid Letter Mail) Letter mails of non-special service, on which the postage is unpaid or insufficiently prepaid, may he delivered to the addressee, upon his payment of a charge which amounts to double the deficiency of postage.
Article 52.(Return of Mail Matter) such mail matter as cannot be delivered to the addressee shall be returned to the sender.
Mail matter mailed against the provisions of this Law on Ministerial Ordinances based thereon, shall be returned to the sender, except in the cases prescribed in Article 22, Paragraph 5, and Article 81, and in the cases of destruction under Article 42 and of receipt by the addressee under the preceding Article.
Mail matter to be returned, of which the receipt is refused by the sender, shall be reverted to the National Treasury.
Article 53.(Charges on Mail Matter to be returned) For registered or insured letter mail or a parcel post to be returned to the sender, the postage and registration or insurance fee shall be paid anew by the sender.
For mail matter to be returned in accordance with the provisions of the preceding Article, the sender shall pay, according to the following items, the charges mentioned thereunder:
1. When the postage on the mail matter is unpaid or insufficiently prepaid,
the amount of charge corresponding to double the deficiency of postage.
2. When the mail matter is mailed in violation of the provisions of Article 18,
the amount of charge corresponding to double the registration fee.
Article 54.(Unreturnable Mail Matter) The Ministry of Communications Organization designated by the Minister of Communications is authorized to open the mail matter to be returned to the sender, when it is unable to be returned for the reason that the addressee's whereabouts is unknown or for any other reason.
If the mail matter opened in accordance with the provisions of the preceding paragraph still remains undeliverable or unreturnable, it shall be held by the Ministry of Communications Organization designated by the Minister of Communications.
Mail matter of no value so held in accordance with the provisions of the preceding paragraph, shall be destroyed in case there appears no one claiming it within three months of the date when the holding begins, and mail matter of value, perishable or damageable, or requiring excessive expenses for its keeping shall be sold without delay and the proceeds of which 10% is deducted as sale commission shall be held.
Valuable matter other than that sold under the provisions of the proceeding paragraph and the proceeds in custody under the provisions of the preceding paragraph, shall be reverted to the National Treasury, if there appears no one demanding the delivery thereof within one year of the date when the holding begins.
Article 55.(Handling of Misdelivered Mail) Any receiver of erroneously delivered mail shall matter deposit it, with the statement to that effect made on the mail, into a letter box, or notify the fact to the Ministry of Communications Organization.
In the case of the preceding paragraph, persons or legal entities who have opened the mail by mistake, shall reseal it, and the statement to that effect, together with their name and addresses, shall be made on the mail.
Article 56.(Items to be Prescribed by Ministerial Ordinance by Authority of Law) The Minister of Communications shall fix by Ministerial Ordinance such items as are necessary in regard to mailing and delivery of mail matter, except as provided for by this Law.
Chapter V Special Services of Mail Matter
Article 57.(Classification of Special Services) The Minister of Communications shall, by virtue of the provisions of the articles of this chapter, perform such special services as registration, insurance, special delivery, certification of time of acceptance, certification of delivery, certification of letters or documents, collection on delivery, special transmission and New Year Greeting mail.
Article 58.(Registration) As regards registration, the Ministry of Communications Organization shall put necessary matters on record so that the mail matter may be traced from acceptance to delivery.
Registration shall be restricted to mail matter other than that intended for insurance.
The registration fee shall be 5 yen.
Article 59.(Insurance) As regards insurance, the Ministry of Communications Organization shall put necessary matters on record so that the mail matter may be traced from acceptance to delivery, and in case loss or damage of the mail matter occurs in transmission, the claimable amount of indemnity notified to the Ministry of Communications Organization at the time of mailing, shall be paid wholly or in part.
Insurance shall be restricted to mail matter other than that intended for registration.
The claimable amount of indemnity referred to in Paragraph 1 shall not exceed 5,000 yen. If the mail matter contains currency, the amount shall not exceed its value, and if any article other than currency, its current price.
The insurance fees shall be as follows:
1. For claimable amount of indemnity up to
Currency 15 yen
Articles other than currency 10 yen
2. For claimable amount of indemnity exceeding 500 yen
5 yen plus the fees of the preceding item per 500 yen of the claimable amount of indemmity or fraction thereof
Article 60.(Special Delivery) As regards special delivery, the Ministry of Communications Organization shall forward and delivery the mail matter in preference to other matter.
Special delivery shall apply to letter mail destined for points within the distance of 4 kilometers, of the delivering Post Office.
The special-delivery fee shall be 4 yen.
The distance in kilometer prescribed in Paragraph 2, shall be fixed by the Ministry of Communications Organization.
Article 61.(Certification of Time of Acceptance) As regards certification of time of acceptance, the Ministry of Communications Organization shall certify the time of acceptance of the mail.
Certification of time of acceptance shall apply to the mail matter intended for registration or insurance.
The fee for certification of time of acceptance shall be 10 yen.
Article 62.(Certification of Delivery) As regards certification of delivery, the Ministry of Communications Organization shall certify the delivery of the mail,
Certification of delivery shall apply to mail matter intended for registration or insurance.
Certification of delivery may, even after mailing, apply, within the period of six months of the date of mailing.
The fee for certification of delivery shall be 10 yen;the fee for the service referred to in the preceding paragraph shall be 20 yen.
Article 63.(Certification of Letters or Documents) As regards certification of letter or documents, the Ministry of Communications Organization shall certify, by the copy prescribed in Ministerial Ordinance, the text of the letter or document contained in the mail matter.
Certification of letters or documents shall apply to the letter mail intended for registeration and containing a single letter or document written in "Kana" (Japanese syllabic characters,) Chinese characters, figures, or such characters or symbols as may be prescribed by Ministerial Ordinance.
The fees for certification of letters or documents shall be 10 yen for one sheet of the copy of the letter or document and 5 yen for each additional sheet.
With respect to two or more pieces of mail matter containing a letter or document of the same text, or two or more pieces of mial matter containing a letter or document of the same text each bearing a different person's or legal entity's name and address for which each cover is destined;the fees for certification of letters or documents for the first piece shall be the same as the fees fixed in the preceding paragraph, and for each subsequent piece, half the sum.
Article 64.(Collection on Delivery) As regards collection on delivery, the Ministry of Communications Organization shall deliver the mail matter to the addressee in exchange for C. O. D. charges fixed by the sender, and the amount of charges so collected shall be remitted to the sender, by postal money order or postal transfer savings, whichever he may direct.
Collection on delivery shall apply to the mail matter intended for registration or insurance.
The C. O. D. charges prescribed in the preceding paragraph shall not exceed 5,000 yen.
The collection-on-delivery fee shall be 10 yen. However, this fee does not include the charges for postal money order or postal transfer savings provided in Paragraph 1.
Article 65.(Cancellation of Collection on Delivery, and Change of C. O. D. Charges) The sender of C. O. D. mail may apply for cancellation of collection on delivery or change of C. O. D. charges to the mailing Post Office, only when the mail matter has not yet been delivered to the addressee.
The fee for cancellation of collection on delivery shall be the same as the fee for withdrawal provided for in Article 42, Paragraph 2, and the fee for change of C. O. D. charges shall be the same as the fee for change of address provided for in the same paragraph.
Article 66.(Special Transmission) As ragards the special transmission, the Ministry of Communications Organization shall transmit the mail matter in the manner prescribed in Articles 169,171 and 177 of the Code of Civil Procedure and certify the transmission.
Special transmission shall apply to the letter mail intended for registration and containing documents to be transmitted, in accordance with the provisions of laws, in the manner as prescribed in Articles 169,171 and 177 of the Code of Civil Procedure.
The fee for special transmission shall be 10 yen.
Article 67.(New Year Greeting Mail) The Minister of Communications is authorized to prescribe by Ministerial Ordinance items necessary for New Year Greeting Mail service.
Chapter VI Indemnification
Article 68,(Cases where Indemnity is paid and Amount of Indemnity) In connection with mail matter deposited for mailing by virtue of the provisions of this Law and Ministerial Ordinances based thereon, the Minister of Communications shall indemnify for the loss or damage falling under any one of the following cases:
1. For the whole or partial loss of, or damage to, any registered or insured matter.
2. In case any C. O. D. mail is handed over to the addressee without collecting C. O. D. charges.
The amounts of indemnity in the cases of the preceding paragraph shall be as follows:
1. For the whole or partial loss of, or damage to, any registered matter.
100 yen (In case the amount of actual loss or damage is less than 100 yen, the amount of actual loss or damage.)
2. For the whole loss of any insured matter.
Whole of the claimable amount of indemnity
3. For the whole or partial damage to, or the partial loss of, any insured matter.
The amount of actual damage loss not exceeding the claimable amount of indemnity
4. In case any C. O. D. mail is handed over to the addressee without collecting C. O. D. charges.
Amount of C. O. D. charges.
Article 69.(Exemption from Indemnification) Regardless of the provisions of the preceding Article, the Minister of Communications shall not indemnify for the loss or damage attirbutable to fault on the part of the sender or the addressee, inherent nature or flaw of the article or force majoure.
Article 70.(Presumption of Non-Existence of Damage) If, at the time of delivery, there is no outward trace of damage on mail matter, and no discrepancy in weight thereof, the mail matter shall be presumed free from damage.
Article 71.(Examination of Damage) In case the addressee or the sender of the mail matter refuses to receive it, recognizing any damage thereto for which the Minister of Communications shall indemnify, the Ministry of Communications Organization shall require the complainant to present himself, and shall open the mail matter in the presence of the latter, in order to examine the existence and extent of damage.
If, in the case of the preceding paragraph, the complainant does not. without any justifiable reason, present himself to attend to the examination within 10 days of the date of refusal of receipt, the mail matter shall be delivered or returned to the complainant by the Ministry of Communications Organization.
Article 72.(Lapse of Right to claim Indemnity after Receipt of Mail Matter) The addressee or the sender of mail matter may not claim indemnity, once he has received it or in case, upon refusal of receipt under the provisions of Paragraph 1 of the preceding Article, he does not, without any justifiable reason, present himself to attend to the examination within the period prescribed in Paragraph 2 of the same Article.
Article 73.(Claimant for Indemnity) The claimant for indemnity shall be the sender or the addressee obtaining the sender's consent.
Article 74.(Period for claim for Indemnity) The right to claim indemnity shall cease to exist, unless it is exercised by the claimant within one year of the date of mailing.
Article 75.(Recovery of Mail Matter after Indemnification) If the lost mail matter is recovered wholly or in part by the Ministry of Communications Organization after indemnification, the fact shall be notified by the Minister of Communications of the person or legal entity to whom indemnity has been paid. In this case, the person or legal entity may, in accordance with the provisions to Ministerial Ordinance, apply for the delivery of the mail matter, within three months of the date of the receipt of the notice, refunding the indemnity wholly or in part.
Chapter VII Penal Provisions
Article 76.(Offense of Violation of Monopoly of Mail Service) Whoever shall violate the provisions of Article 5, shall be subject to penal servitude not more than three years, or a fine not more than ten thousand yen.
In the case of the preceding paragraph, money and other articles obtained shall be confiscated. If the money and other articles have been spent or transferred, the amount equivalent thereto shall be recovered from the offender.
A person or legal entity whose representative, agent, employee, or any other operative has committed the offense under Paragraph 1 in connection with the business of such a person or a legal entity shall also be subject to the fine of this aritcle, in addition to punishment or the person who has actually committed the offence.
Article 77.(Offense of Opening, etc. of Mail Matter) Whoever, without any justifiable reason, shall open, injure, secrete, or abandon any mail matter which is being treated by the Ministry of Communications Organization, or deliver the same to any person or legal entity other than the addressee, shall be subject to penal servitude not more than three years, or a fine not more than five thousand yen, provided that in case such acts fall under Article 258 or 259 of the Criminal Code, the penalties provided for in the same Article shall be applicable.
Article 78.(Offense of Injury to Things for Use by Mail Service) Whoever shall injure, or commit any other acts which may obstruct the Mail Service against, things for exclusive use of, or in actual use of, the Mail Service, shall be subject to penal servitude not more than five years, or a fine not more tnan five thousand yen.
Article 79.(Offense of Non-Performance, etc. of Mail Handling) Whoever engaged in the Mail Service shall wilfully and maliciously not handle mail or shall cause it to be delayed, shall be subject to penal servitude not more than one year, or a fine not more than two thousand yen.
Whoever, engaged in the Mail Service, shall lose any mail matter through a grave fault, shall be subject to a fine not more than two thousand yen.
Article 80.(Offense of Violation of Piivacy of Correspondence) Whoever shall violate the privacy of correspondence which is being treated by the Ministry of Communications Organization, shall be subject to penal servitude not more than one year, or a fine not more than two thousand yen.
Whoever engaged in the Mail Service shall commit the act referred to in the preceding paragraph, shall be subject to penal servitude not more than two years, or a fine not more than five thousand yen.
Article 81.(Offense of Mailing of Unmailable Matter) Whoever shall violate the provisions of Article 14, shall be subject to a fine not more than five thousand yen or a minor fine, and the matter deposited for mailing shall be confiscated.
Article 82.(Offense of False Representation of ThirdClass Mail Matter) Whoever, being the publisher of a periodicial which is not sanctioned as mail matter of the third class, shall put thereon the words expressing that the same periodical has been entered as mail matter of the third class, shall be subject to a fine not more than three thousand yen.
Article 83.(Offense of Evasion of Payment of Charges) Whoever shall unlawfully evade, or cause to be evaded, the payment of postal charges, shall be subject to a fine not more than two thousand yen or a minor fine.
Whoever engaged in the Mail Sdervice shall commit the act referred to in the preceding paragraph, shall be subject to penal servitude not more than one year, or a fine not more than five thousand yen.
Article 84.(Offense of Counterfeit etc. of Postage Stamps, etc.) Whoever, with intent to use, shall counterfeit, alter, or erase the traces of use of, any postage stamp or any other impressed paper representing postal charge, issued by the Minister of Communications or any foreign government, shall be subject to penal servitude not more than ten years. The same punishment shall be imposed upon any person or legal entity who uses, or with intent to use, imports, or delivers to any other person or legal entity, or takes delivery of, a postage stamp or any other impressed paper representing postal charge, which is counterfeited, altered, or whose traces of use have been erased.
The provisions of the preceding paragraph shall apply to any person or legal entity who shall commit the offense outside the country.
Article 85.(Unconsummated Offense and Offense of Preparation) Whoever shall attempt to commit any offense enumerated in Articles 76 to 78, 80, 83, and 84 shall be punished.
Whoever shall make preparation with intent to commit the offense referred to in Article 14, shall be subject to penal servitude not more than two years, or a fine not more than one thousand yen, and the articles made use of for the purpose shall be confiscated.
Supplementary Provisions:
Article 86. This Law shall come into force as from January 1, 1948, with the exception of the provisions of Article 10.
The date of enforcement of the provisions of Article 10 shall be fixed by Cabinet Order. However, the date shall not be later than April 1, 1948.1
Article 87. The Mail Law, Law No.54 of 1900, sha 1 be hereby recinded.
Article 88. Mail matter deposited for mailing before the enforcement of this Law shall be governed by the previous Law.
Article 89. Any disposition made, measure taken or acts done in accordance with the provisions of the previous Law or Ministerial Ordinances based thereon, shall be regarded as made, taken or done under this Law, in case this Law contains such provisions as correspond to the abovementioned, provisions.
Article 90. The provisions of Article 3 of the previous Law shall, regardless of the provisions of Article 87, be effective until the previous day of the day prescribed by Paragraph 2 of Article 86.
Article 91. Persons or legal entities who are sanctioned to sell postage stamps and other impressed papers representing postal charges at the time of the enforcement of this Law, shall be regarded as sale agencies prescribed by specific law referred to in Article 33.
Article 92. The punishment of any act done prio to the enforcement of this Law or, in the case of Article 90, while the provisions of Article 3 of the previous Law remains effective, shall be governed by the previous Law.
Minister of Communications MIKI Takeo
Prime Minister KATAYAMA Tetsu