I hereby give My sanction to the Imperial Ordinance concerning the amendment to the Imperial Ordinance No. 892 of 1939, relating to the enforcement of the Law concerning the Disposition of National Properties lent free of charge to Temples etc., and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This thirtieth day of the fourth month of the twenty-second year of Showa (April 30, 1947)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Finance ISHIBASHI Tanzan
Minister of Education TAKAHASHI Seiichiro
Minister of Agriculture and Forestry KIMURA Kozaemon
Imperial Ordinance No. 190
Art. 1. The national properties which may be granted or sold to shrines, temples, etc. in accordance with the provisions of Art. 1, par. 1 or Art. 2, par. 1 of the Law No. 78, 1939 (hereinafter called the Law) shall come under one of the following items:
1. Grounds used as sites for buildings or other constructions necessary for shrines, temples, etc. such as main shrines, halls of worship shrine offices, main temples, living quarters of priests, chapels (Kaido), and others.
2. Grounds necessary for the performance of religious rites or functions.
5. Land necessary for the maintenance of sacredness of shrines, temples, etc.
6. Land directly necessary for the prevention of disasters to shrines, temples, etc.
7. Land which has special connection with the shrine, temple, etc. by history or ancient documents, etc.
8. Land being used actually at present by the shrine, temple, etc. for the purpose of public interests.
9. Trees, bamboos and other things attached to these lands.
The lands, including things attached thereon, which are being actually used for the public welfare work run by the sect to which the said shrine, temple, etc. belongs, by the priest or director of the said shrine, temple, etc., or by a foundation under the control of the said shrine, temple, etc., may be granted or sold to the shrine, temple, etc., if the work is recognized as one kept by the said shrine, temple, etc.
Art. 2. Of the national properties regulated in Art. 1, par. 1 and Art. 11, par. 1 of the Law. those that are regarded as ones especially necessary to keep them under state ownership, in consideration of public safety, other public interests, or administration of national forest shall not be granted or sold notwithstanding the preceding Article.
Art. 3. Deferring of payment prescribed in Article 7 shall be permitted only when the payment at one time is difficult.
In the case of recognition of the instalment payment of selling price, except the case where is offered a security in national loan bonds equivalent to the selling price, the registration of the preferential right regulated in the Civil Code, Art. 325, item 3 shall be done.
Art. 4. The substitute payment of the selling price stipulated in the provisions of the Law Art. 7 shall be recognized only in the case where there is a great difficulty in cash payment, the selling price being more than 100,000 yen.
The land which they want to offer for the substitute payment shall be in its price more than 50,000 yen and be proper one for its management or disposition.
In the case of the recognition of substitute payment, when the registration of the transfer of ownership of the land is completed it is taken as fulfilment of the payment of the selling price.
Art. 5. As to the compensation provided in the Law, Art. 13, par. 1, it shall be done according to the regulations of the following items if the shrine or temple applies for it within a year from the date on which this Ordinance is put into force:
1. Of the forests planted by a shrine or temple, as regards the one which is not taken as a part-forest (Bu-bun-rin) under the provisions of the Law, Art. 12, in accordance with what is regulated by the competent Minister 8/10 of the price of the standing trees and bamboos in the forest at the date on which this Ordinance is put into force shall be given in standing trees or bamboos or forest products to the shrine or temple. But, when the amount of 8/10 of the price does not reach to the total amount put together the money expended by the shrine or temple for the afforestation, for provisions necessary for afforestation, the amount of interest calculated at an annual compound interest of five per cent for the money expended the total amount of these shall be given in standing trees, bamboos, or forest products.
2. Of the forests other than those afforested by a shrine or temple, as to those newly established or improved such as forest roads, devices for checking sand, protection against fires, and others, according to what the competent Minister fixes, the estimated amount of money of increased value shall be given in standing trees, bamboos, or forest products to the shrine or temple only when, on the day of promulgation of this Ordinance, there is really seen the increase of the value of the land or forest by the establishment or improvement of such provisions. However, when the estimated amount of money of increased value is more than the total amount put together the expenditure for the new establishment or improvement of such provisions, the amount of the annual compound interest calculated at five per cent rate for the expenses paid, standing trees, bamboos, or forest products shall be given to the limit of the total amount.
Supplementary Provisions:
The present Ordinance shall come into force as from the day of the enforcement of the Law No. 53, 1947.
The Regulations for the Forest held in Custody by Shrines and Temples shall be abolished.
A part of the Ministry of Finance Ordinance relating to the National Properties Law shall be revised as follows:
Art. 28 shall be deleted.
Art. 29 shall be deleted.
Art. 28 and Art. 29 par. 2 of the Ministry of Finance Ordinance relating to the National Properties Law, notwithstanding the provision of the preceding paragraph, shall be valid till the date regulated in the Law, Art. 10, par. 2.