Law Regarding Graveyards, Burial and Others
法令番号: 法律第48号
公布年月日: 昭和23年5月31日
法令の形式: 法律

審議経過

I hereby promulgate the Law regarding Graveyards, Burial and Others.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the fifth month of the twenty-third year of Showa (May 31, 1948)
Prime Minister　ASHIDA Hitoshi
Law No.48
Law Regarding Graveyards, Burial and Others
Chapter 1. General Provisions
Article 1.　The aim of this Law shall be that the administration of graveyards, charnels and crematories or burial and others be in harmony with religious feelings of the people and be performed smoothly from the point of view of public health and other public welfare.
Article 2.　When used in this Law, the term "burial" shall mean to bury in the ground corpses (here and hereinafter including dead-born foetuses after three months of pregnancy).
When used in this Law, the term "cremation" shall mean to burn corpses so that they may be buried.
When used in this Law, the term "reburial" shall mean to transfer corpse or ashes buried in a grave or ashes unburied in a charnel to another grave or charnel.
When used in this Law, the term "grave" shall mean a construction for burying a corpse or keeping ashes buried.
When used in this Law, the term "graveyard" shall mean an area which the prefectural governor permitted so that it may be provided with graves.
When used in this Law, the term "charnel" shall mean a construction which the prefectural governor permitted in which ashes shall be deposited by others.
When used in this Law, the term "crematory" shall mean a construction which the prefectural governor permitted in which cremation is performed.
Chapter 2. Burial, Cremation and Reburial
Article 3.　A corpse or stillborn foetus shall not be buried or cremated earlier than twenty-four hours after its death or birth, except otherwise provided by ordinances. But this shall not apply to a foetus born dead before seven months of pregnancy.
Article 4.　The burial or re-burial or a corpse or burial of ashes shall not be performed in any other area than a graveyard.
Cremation shall not be performed in any other construction than a crematory.
Article 5.　Any person who wants to have a burial or a cremation performed shall obtain the necessary permit from the Head of the city, town or village (here and hereinafter including the Head of a special ward) where the death or stillbirth has occurred or, in case it is unknown, where the body is found, before burial or cremation.
Any person who wants to have a reburial performed shall obtain permission from the Head of the city, town or village where the body or ashes are buried.
Article 6.　In case a death or a stillbirth has taken place in a train or any other vehicle (here and hereinafter excepting ships and vessels) and any person wants to have the corpse or the stillborn foetus buried or cremated, he shall obtain the permission from the Head of the city, town or village where the said corpse is removed or the mother of the foetus gets off.
Article 7.　In case a death or a stillbirth has taken place on board a ship and a person wants to have the corpse or the stillborn foetus buried or cremated, he shall obtain permission from the Head of the city town or village where the ship first enters.
Article 8.　When the Head of a city town or village gives permission for burial, reburial or cremation as provided in the preceding three Articles, he shall issue a burial, reburial or cremation permit to the applicant, as the case may be.
The Head of a city, town or village shall not issue a burial or cremation permit before he receives a declaration of death or stillbirth, or a copy of the description of any such case on a ship's journal from the captain of the ship.
Article 9.　In case a person has died and must be buried or cremated and nobody assumes that responsibility, the Head of the city, town or village where the said corpse is found shall be authorized to do so.
As regards the expense for a burial or cremation performed as provided in the preceding paragraph, the regulations concerning the Law providing for the treatment of persons falling ill or dead, (Law No.93 of 1899), shall apply correspondingly.
Chapter 3. Graveyards, Charnels and Crematories
Article 10.　Any person who wants to establish a graveyard, a charnel or a crematory shall obtain permission from the prefectural governor as provided by Ministerial Ordinance.
This shall also apply in case where any person wants to change or abolish the area or equipment of a graveyard, charnel or crematory established according to the provisions of the preceding paragraph.
Article 11.　The establishment, alteration or abolition of a graveyard or crematory conducted for purposes of city planning or special city planning shall be considered as given permission provided for in the previous article, according to the decision made by the Ministerial officer concerned.
In case the establishment, alteration or abolition of a graveyard or crematory is made in accordance with lots adjustment plan provided for in Art.12 of the City Planning Law (Law No.36 of 1919) or in Art.3 of the Special City Planning Law (Law No.19 of 1946), the permission given for removal shall be regarded as provided for in the previous article, notwithstanding the provisions of Par.2, Art.17 of the Law on Readjustment of Rice Fields.
Article 12.　A graveyard, charnal or crematory shall have a keeper, whose permanent (Honseki) and present residences (Jusho) and name shall be reported to the Head of the city, town or village where the said graveyard, charnel or crematory is situated.
Article 13.　The keeper of a graveyard, a charnel or a crematory shall not refuse the use of it without due reasons.
Article 14.　The keepers of a graveyard shall not bury or rebury a dead body or ashes without burial, reburial or cremation permit prescribed in Art.8.
The keeper of a charnel shall not keep ashes without a cremation or reburial permit prescribed in Art.8.
The keeper of a crematory shall not conduct a cremation without a cremation or reburial permit prescribed in Art.8.
Article 15.　The keeper of a graveyard, charnel or a crematory, shall prepare necessary sketches, books or documents, in accordance with the provisions of Ministerial Ordinance.
When a client for a deposit in a graveyard or in a charnel or for a cremation, or anybody else having legitimate interest in the deceased, wants to look at the sketches, books or documents referred above, the keeper of a graveyard or charnel shall not refuse permission.
Article 16.　The keeper of a graveyard or charnel shall keep a burial permit, cremation permit or a reburial permit for five years.
When a cremation has been made, the keeper of the crematory shall fill in the items provided by Ministerial Ordinance on the cremation permit form and shall return the permit to the client.
Article 17.　The keeper of any graveyard or crematory shall report all burials of dead bodies. foetuses or cremations by the fifth day of the month following the month represented by the report to the Head of the city, town or village where burial or cremation occurred.
Article 18.　When it is considered necessary, the prefectural governor may permit a competent official to inspect premises, books, documents or any article of a crematory, and may request a written report from the keeper of the graveyard, charnel or crematory.
When such inspections are made by competent officials, they shall present their identification cards to the keeper.
Article 19.　When it is considered necessary from the standpoint of public health and welfare, the prefectural governor may order completion and improvement of the construction of a graveyard, charnel or crematory, or may issue an order to limit or prohibit use of a part or the whole of the construction, or may cancel the permit provided in Art.10.
Chapter 4. Penal Provisions
Article 20.　Anybody who comes under any of the undermentioned items shall be punished with imprisonment for a term of not more than six months or with a fine of not more than five thousand yen:
Item 1.　Anybody who violates the provisions of Art.10.
Item 2.　Anybody who violates the order provided in Art.19.
Article 21.　Anybody who comes under any of the undermentioned items shall be punished with a fine of not more than one thousand yen or with confinement for not more than 30 days:
Item 1.　Anybody who violates the provisions of Arts.3 to 7 and 12 to 17 inclusive.
Item 2.　Anybody who refuses, resists or evades inspection by competent officials, or does not make a report or makes a false report as provided in Art.18.
Article 22.　When a representative of a corporation, deputy, employee or other worker of a corporation or a person violates the provisions of the two preceding Article, concerning the business of the said corporation or person, such corporation, deputy, employee or person shall be liable to a fine provided in Arts.20 and 21, in addition.
Supplementary Provisions:
Article 23.　The present Law shall come into force as from June 1.1948.
Article 24.　The under-mentioned orders included into the present Law in accordance with Art.1-(4) of "Law concerning the effect of orders in existence at the time of the enforcement of the Japanese Constitution (Law No.72 of 1947)" shall be abolished:
Regulations on a graveyard and interment (Dajokan, the Cabinet Notification No.25 of 1884);
Punishment on violation of regulations on a graveyard and interment (Dajokan, the Cabinet Notification No.82 of 1884);
On permit for burial or cremation (Welfare Ministerial Ordinance No.9 of 1947).
Article 25.　Those who violated regulations before the enforcement of the present Law shall be punished as heretofore.
Article 26.　Those who maintain a graveyard, charnel or crematory by permission of the prefectural governor according to the old regulations shall be regarded as given permission according to the present Law.
Article 27.　Those who maintains a charnel at the time of the enforcement of the present law, in the areas where they did not need the permission of the prefectural governor, according to the old regulations, and want to maintain it also after the enforcement of the present law shall apply to the prefectural governor for permission according to the provisions of Art.10 within three months after the enforcement of the present law. They shall be regarded as a given permission provided for in Art.10 until their application is answered.
Article 28.　The burial, reburial or cremation permission or permit given by the Head of a city, town or village according to the old regulations at the time of the enforcement of the present law shall be regarded as given in accordance with the provisions of the present law.
Minister of Welfare　TAKEDA Giichi
Prime Minister　ASHIDA Hitoshi