National Diet Library Law
法令番号: 法律第5号
公布年月日: 昭和23年2月9日
法令の形式: 法律
I hereby promulgate the National Diet Library Law.
Signed:HIROHITO, Seal of the Emperor
This ninth day of the second month of the twnty-third year of Showa (February 9, 1948)
Prime Minister KATAYAMA Tetsu
Law No.5
National Diet Library Law
The National Diet Library is hereby established as a result of the firm conviction that truth makes us free and with the subject of contributing to international peace and the democratization of Japan as promised in our Constitution.
Chapter I. Establishment and Purposes.
Article 1. The National Diet Library is hereby established and this Law shall be shown and cited as the National Diet Library Law.
Article 2. The National Diet Library shall collect books and other library materials for the purpose of assisting the members of the National Diet in the performance of their duties and also for the purpose of providing certain library services as hereinafter specified for the executive and judicial branches of the National government and for the people of Japan.
Article 3. The National Diet Library shall consist of a central library and of such branch libraries as are provided for herein or as may hereafter be established.
Chapter II. Chief Librarian
Article 4. The Chief Librarian of the National Diet Library shall be one only in number. He shall be appointed by the Presidents of the Houses with the approval of the Houses on their consultation with the Standing Committees on Library Management of the Houses.
He shall continue in office so long as he performs his duties satisfactorily. He shall refrain from political activities and he shall not be dismissed for political reasons. He may be dismissed by joint action of the Presidents of both Houses. His treatment shall be equal to that of Minister of State.
Article 5. The Chief Librarian shall supervise the administration of the Library and direct the officials and employees thereof in the performance of their duties.
He shall make all rules and regulations for the government of the library. Such rules and regulations shall be subject to the approval of the Standing Committees on Library Management meeting in Joint Committee;provided, however, that such rules and regulations shall be effective as promulgated by the Chief Librarian unless specifically disapproved by said Joint Committee.
The provisions of the preceding paragraph shall be enforced by giving out public notice.
Article 6. The Chief Librarian shall make at the beginning of each fiscal year a report to the Presidents of both Houses on the operations and financial condition of the Library for the previous fiscal year.
Article 7. The Chief Librarian shall arrange for the publication, at periodic intervals not longer than one year, of a catalogue or index of the publications issued within Japan during the preceding year or period.
Article 8. The Chief Librarian is authorized to arrange for the preparation, in form suitable for publication, of an index to the laws of Japan.
Chapter III. Assistant Chief Librarian and other Officials and Employees
Article 9. The Assistant Chief Librarian shall be one only in number. He shall be appointed and dismissed by the Chief Librarian with the approval of the Presidents of both Houses. He shall assist the Chief Librarian in the administration of the Library. When the Chief Librarian is unable to attend to his duties or when his post is vacant, the Assistant Chief Librarian shall perform the duties of Chief Librarian. His treatment shall be not less than that of a Vice-minister of State.
Artiele 10. All other officials and employees of the National Diet Library shall be appointed by the Chief Librarian on the sole basis of their qualifications to perform the puties of their respective offices, and in accordance with the provisions of the Diet Secretariat Personnel Law. The Chief Librarian shall prescribe the duties of such officials and employees.
No officials of the[Library shall be, concurrently, members of the Diet, nor shall they held other posts in executive or judicial branch of the national government, provided, however, that such posts in government branch libraries of executive or judicial branch are not included.
Chapter IV. The Standing Committees on Library Management and the Coordinating Committee on the National Diet Library
Article 11. The Standing Committees on Library Management of both Houses shall meet in Joint Committee not less frequently than once in every six months to consider reports from the Chief Librarian on the progress of the Library, the rules and regulations made by the Chief Librarian for the government of the Library, the budget of the Library, and of other business relating to the Library.
The Committee shall report thereon to the Houses.
Article 12. There is hereby established a Coordinating Committee on the National Diet Library. This Committee shall consist of four members who shall be the Chairman of the Standing Committees on Library Management of the two Houses, a Judge of the Supreme Court appointed by the Chief Justice, and Minister of State appointed by the Prime Minister. They shall elect their own Chairman.
The Chairman and members shall serve without additional compensation.
The Chief Librarian may attend meetings of the Committee, but shall have no vote in its proceedings.
Article 13. The Coordinating Committee shall make recommendations to the Standing Committees on Library Management of both Houses for the improvement of the services of the National Diet Library to the Diet and the executive and judicial branches of the government.
Chapter V. Departments of the Library
Article 14. The Chief Librarian shall organize the Library into such departments, divisions and other units as are neccessary for its efficient administration.
Chapter VI. Research and Legislative Reference Department
Article 15. The Chief Librarian shall establish within the National Diet Library a department to be known as the Research and Legislative Reference Department. The functions of this department shall be as follows:
(1) Upon request, to advise and assist any committee of the Diet in the analysis, appraisal or evaluation of, legislation pending before it, or of proposals submitted to the Diet by the Cabinet, and otherwise to assist in furnishing a basis for the proper determination of measures before the committee.
(2) Upon request, or upon its own initiative in anticipation of requests, to gather, classify, analyze and make available in translations, indexes, digests, compilations, bulletins and otherwise, data for or bearing upon legislation, and to render such data serviceable to the Diet and to the committees and members thereof, without partisan or bureaucratic basis in selection or presentation.
(3) To provide a bill-drafting service for the assistance of the Diet, its committees and members in the preparation of legislation, provided, however, that this assistance shall be supplied only upon request of a committee or a member of the Diet, and that the staff of the Research and Legislative Reference Department shall in no case initiate or urge legislation.
(4) To make the information which it gathers available to other branches of the national government or to the public to the extent that the needs of the Diet and of its committees and members permit this to be done.
Article 16. The Chief Librarian shall appoint a director, assistant director and all other personnel necessary for this Department without reference to political affiliations and solely on the ground of fitness to perform the duties of their office and in accordance with the provisions of the Diet Secretariat Personnel Law.
The Chief Librarian is further authorized to appoint to the staff of this Department senior specialists in the broad fields of interest which coincide with the fields of interest of the several Standing Committees of the Diet, provided, however, that the treatment of the specialists shall be equal with that of the First Class officials of the national government.
Chapter VII. Services to the Executive and Judicial Branches of the Government
Article 17. The Chief Librarian shall be responsible for the coordination of the library service to all branches of the national government. To this end he shall:
(1) Appoint the librarians of the agencies of the judicial and executive branches of the Government upon the recommendation of the members of the Coordinating Committee who respectively represent these branches. However, the appointment from among the persons who are governed by the National Public Service Law shall be made in accordance with the provisions of the same law, and with the consent of the chief of the agency concerned.
(2) Have authority to prescribe, for the use of the libraries of the agencies of the several branches of the national government, methods and systems of library management, including, for example, methods relating to cataloging, inter-library loans and inter-changeability of collections, union catalogues and union lists;with a view to making;the government library resources of the whole government available for the use of any official of any branch of the national government.
(3) Have authority to require annual or special reports from the librarians of the several agencies of any branch of the national government.
Article 18. The budget for each library of the several agencies of the government shall be included as a distinct item under the title "library" in the budget of the agency concerned, and appropriations made thereunder shall not be transferable to any other item in the budget of the agency nor be reduced without the approval of the member of the Coordinating Committee representing that branch of the national government and the Chief Librarian.
Article 19. The librarian of each agency of any branch of the national government shall be responsible for satisfactory library service to his agency. He shall have authority to appoint and dismiss the members of his staff subject to the provisions of the Diet Secretariat Personnel Law or of the National Public Service Law, or of the Court of Justice Law as the case may be. He shall have authority, under regulations to be made by the Chief Librarian, to recommend the purchase or acquisition by other means of books and other library materials to the chief of respective branches of the national government as well as the Chief Librarian, or to make such purchases or other acquisitions directly.
Article 20. Not later than six months after the first appointment to the post of Chief Librarian, all existing libraries of the executive and judicial branches of the government shall become branches of the National Diet Library under the provisions of this Chapter. The Ministries of the National government which have no existing libraries shall establish the library within not later than one year.
Chapter VIII. Services to Other Libraries and to the Public
Article 21. The services and collections of the National Diet Library shall be available to the people of Japan either directly or through prefectural or other libraries to the fullest extent consistent with the requirement of the Diet, its committees and members and of the other branches of the government. To this and the Chief Librarian is authorized as follows:
(1) To make the collections of the Library available for public use and study either in the National Diet Library Building, or by interlibrary loan, or through copying services or by exhibition, under rules and regulations to be made by him;and to provide such other services as he may, according to circumstances, find to be necessary for the improvement of the library services of Japan.
(2) To assist, by every appropriate means, prefectural and other local assemblies, government officials and librarians in the organization of libraries and in the development of library services.
(3) To make available, to other libraries and individuals desiring to purchase them, copies of the printed catalogue cards and other publications of the library, and to charge the same prices as to be determined by the Chief Librarian.
(4) To take measures toward the establishment of a union catalogue of the library resources of Japan and of such other catalogue and lists an may be necessary to effect coordinated usefulness of the library resources of the country.
Article 22. Effective not later than April 1, 1949, the National Library at Ueno Park shall be operated as a branch of the National Diet Library, especially for the benefit of the citizens of Tokyo. As soon as praticable thereafter, this Library shall be transferred to Tokyo Metoroplis to be operated under such laws and regulations as may be enacted prior to the date of transfer.
Chapter IX. Collections
Araticle 23. The Chief Librarian is authorized to acquire, for the collections of the National Diet Library, books and other library materials by purchase, deposit, gift, bequest and exchange, or by transfer from other agencies of the government. The heads of all agencies of the government are authorized to transfer to the National Diet Library books and other library materials not needed for their use but in the judgement of the Chief Librarian appropriate to the uses of the National Diet Library. The Chief Librarian is authorized to transfer to the uses of the National Diet Library. The Chief Librarian is authorized to transfer to other governmental agencies books and materials in exchange or otherwise to dispose of them.
Chapter X. Deposit of Governmental Publications
Article 24. Of each book, pamphlet, periodical, map, motion picture or other work, printed or otherwise reproduced by or for any agency of the government in an edition of five hundred (500) copies or more (except confidential matter and blank forms), fifty (50) copies shall be furnished immediately to the National Diet Library for its Official use in Tokyo and for its use in international exchange for the publications of other governments and in other international exchanges. Of such works reproduced in editions of less than five hundred (500) copies, a number of copies less than fifty (50) shall be furnished to the National Diet Library in accordance with regulations to be made by the Chief Librarian.
Chapter XI. Deposit of Other Publications
Article 25. The Chief Librarian shall have a copy of each current publication other than those of Article 24 in the National Diet Library from its publisher, to whom he shall gives for his compensation, a part of the national publication catalogue to be issued at periodical intervals, in which above publication is recorded.
Chapter XII. Gifts of Money-Disbursements-Budget
Article 26. The Chief Librarian shall have authority to accept gifts of money for immediate disburesement in connection with the National Diet Library, its services or collections, subject in each case to the approval of the Standing Committees on Library Management of the Houses meeting as a Joint Committee.
Article 27. All appropriations made to the National Diet Library shall be disbursed under the supervision of the Chief Librarian by a disbursing officer to be appointed by him.
Article 28. The annual budget of the National Diet Library shall be prepared by the Chief Librarian and shall be transmitted by him to the Standing Committees on Library Management of the Houses. Said budget shall be transmitted to the Presidents of the Houses, with or without the recommandations of the joint Committee.
Supplementary Provisions:
Article 29. This Law shall come into force as from the day of its promulgation.
Law No.84 of 1947 concerning its Diet Library shall be abolished.
Article 30. Upon the effective date of this law the Library of the House of Representatives and the Library of the House of Councillors shall cease to exist as separate Library, and their collections shall be transferred to the National Diet Library.
Article 31. When fully qualified persons are not available for appointment to positions, the Chief Librarian shall make temporary appointments within the period not exceeding two years duration;and no such appointment shall be renewed if at its termination a better qualified person is available for the position.
Prime Minister KATAYAMA Tetsu