I hereby promulgate the Mine Safety Law. Signed:HIROHITO, Seal of the Emperor This sixteenth day of the fifth month of the twenty-fourth year of Showa (May 16, 1949) Prime Minister YOSHIDA Shigeru Law No.70 The Mine Safety Law Contents Chapter I. General Provisions (Article 1-Article 3) Chapter II. Maintenance of Safety (Article 4-Article 31) Chapter III. Supervisory Organs (Article 32-Article 54) Chapter IV. Penal Provisions (Article 55-Article 58) Supplementary Provisions Chapter I. General Provisions

(The objective of this Law) Article 1. This Law shall aim to prevent a danger to a mine worker and to achieve the rational develepment mineral resources.

(The meaning of terms) Article 2. The "mining industry" mentioned in this Law shall include the alluvial mining industry. 2 An "owner of mining right" mentioned in this Law shall include an owner of alluvial mining right, leaseholder under the provision of Article 17-(2) of the old Act to Promote the Production of Important Minerals (Law No.35 of 1938) which has been still kept valid according to the provision of Paragraph 3 of the Supplementary Provisions of the said Act and a leaseholder under the provision of Article 17 of the Law of Temporary Measures for Coal Mining Right, etc.(Law No.158 of 1948). 3 A "mine" mentioned in this Law shall mean the place of business where the mining is operated. However, the attached facilities having no close connection with the digging of minerals, the attached facilities of which the main business is not that relating to digging and prospecting the minerals and the attached facilities located far from the place where minerals are dug shall be exempted. 4 A "mine worker" mentioned in this Law shall mean a person who is engaged in the mining industry in a mine. 5 The range of the attached facilities mentioned in proviso to Paragraph 3, shall be provided for by the Ministerial Ordinance.

Article 3. The maintenance of "safety" mentioned in this Law shall mean each matter of the following items in the mining industry: (1) Prevention of a danger to a human being in a mine; (2) Protection of mineral resources; (3) Preservation of equipment of a mine; (4) Prevention of damage by mining. 2 "Prevention of a danger to a human being in a mine" mentioned in item 1 of the preceding paragraph shall include ventilation concerning hygienics and rescue at the time of a disaster.

Chapter II. Maintenance of Safety

(Duty of an owner of mining right) Article 4. An owner of mining right shall take necessary measures for the sake of each item in the following: (1) Prevention from roof-falling, crumbling, underground flood, emission of gas, explosion of inflammable gas or coal dust, spontaneous combustion and underground fire; (2) Prevention from a danger or damage by mining accompanying disposal of poisonous gas, dusts, refuses, slags, pitwater, waste water from dressing plants and smelting smoke; (3) Prevention from a danger accompanying handling of machinery, instruments (excluding protective tools for hygienics;the same shall apply hereinafter), explosives, other materials, motive power and fire; (4) Securing of ventilation and establishment of the rescue system; (5) Protection of mineral resources; (6) Preservation of machinery, instruments, buildings and equipment; (7) Prevention from damage by mining through the digging of land and safety in other matters.

(Duty of a mine worker) Article 5. A mine worker shall observe the matters necessary for the securing of safety in a mine.

(Education for the maintenance of safety) Article 6. An owner of mining right shall give a mine worker education concerning safety necessary for operation of his work. 2 The grade of education to be given to a mine worker for the sake of safety in respect to the specially dangerous operations provided for by the Ministerial Ordinance and the restriction on setting a person to work who has not completed this shall be provided for by the Ministerial Ordinance.

(Restriction on the machinery, instruments, etc.) Article 7. An owner of mining right shall not, as provided for by the Ministerial Ordinance, use or install underground in a mine the machinery, instruments, explosives or other materials which are considered to be much dangerous, unless after they successfully passed the examination. 2 The Minister of Commerce and Industry may, when he considers it necessary according to the actual states in a mine prohibit the use or installation of machinery, instruments or explosives or other materials which are especially much dangerous in the underground.

(Permission, notification, etc, of the facilities program) Article 8. When an owner of mining right intends to establish or change the buildings, equipment and other facilities to be used for the operation of mining, he shall, as provided for by the Ministerial Ordinance, ask for the permission of the chief of the Mine Safety and Inspection Division (in respect to the coal mining, the chief of the Coal Mine Safety and Inspection Division;the same shall apply hereinafter in this Chapter) beforehand with regard to the program. However, this shall not apply in case it is provided for otherwise by the Ministerial Ordinance. 2 In a case mentioned in the proviso to the preceding paragraph, an owner of mining right shall, as provided for by the Ministerial Ordinance, submit the program to the chief of the Mine Safety and Inspection Division not later than fourteen days before commencement of the work. 3 In respect to the work of which the program was submitted under the provisions of the preceding paragraph, the chief of the Mine Safety and Inspection Division may, when he considers it necessary for the sake of safety, prohibit an owner of mining right from commencing the said work or give an order to change the program. 4 An owner of mining right shall, when the work under the provision of Paragraph 1 was finished or the buildings, equipment and other facilities mentioned in the same paragraph were abolished, notify it to the chief of the Mine Safety and Inspection Division within the period of fourteen days.

(Examination of workable quality, etc.) Article 9. An owner of mining right shall not, as provided for by the ministerial ordinance, use machinery, instruments, buildings, equipment and other facilities unless they went through successfully the examination conducted by the chief of the Mine Safety and Inspection Division, when the establishment or amendment thereof was completed and further whenever a definite period elapsed after the completion.

(The Safety Rules) Article 10. An owner of mining right shall, as provided for by the Ministerial Ordinance, establish the Safety Rules to secure the maintenance of safety in a mine. 2 When an owner of mining right intends to establish the Safety Rules or make amendment therein, he shall consult with the Mine Safety Committee under the provisions of Article 19. 3 The chief of the Mine Safety and Inspection Division may, when he considers it necessary for the sake of safety, give an order to amend the Safety Rules. 4 Establishment or amendment of the Safety Rules shall not be effective unless the permission of the chief of the Mine Safety and Inspection Division is given to it.

Article 11. The Safety Rules shall not contravene the provisions of this Law, the Ministerial Ordinance based upon this Law and other laws and orders and also an order given by the chief of the Mine Safety and Inspection Division for the sake of safety under the provisions of Article 25, Paragraph 1.

Article 12. An owner of mining right and a mine worker shall observe the Safety Rules.

(Safety Technical Personnel) Article 13. An owner of mining right shall, as provided for by the Ministerial Ordinance, select a safety supervisor, an assistant safety supervisor and a boss in a mine. 2 The chief of the Mine Safety and Inspection Division may, if he considers it necessary for the sake of safety, order an owner of mining right to dismiss a safety supervisor, an assistant safety supervisor or a boss. 3 The chief of the Mine Safety and Inspection Division shall, when he intends to issue an order under the provision of the preceding paragraph, first conduct a public hearing, giving a notice in advance of the date and place of such hearing to the owner of mining right and the safety surpervisor, the assistant safety supervisor or the boss. 4 The person who received the notice mentioned in the preceding paragraph may state his opinion and produce evidence to the chief of the Mine Safety and Inspection Division at such hearing. 5 When an owner of mining right selected or dismissed a safety supervisor, an assistant safety supervisor or a boss, he shall notify it to the chief of the Mine Safety and Inspection Division as provided for by the Ministerial Ordinance.

Article 14. A safety supervisor, shall take charge of the matters concerning the maintenance of safety. 2 An assistant safety supervisor shall assist a safety supervisor. 3 A boss shall be directed by a safety supervisor and an assistant safety supervisor (directed by an owner of mining right in a mine where a safety supervisor and an assistant safety supervisor is not selected) and attend to part of the matters concerning the maintenance of safety. 4 Besides the matters provided for in the preceding three paragraphs, those necessary for the duties of a safety supervisor, an assistant safety supervisor and a boss shall be provided for by the Ministerial Ordinance.

Article 15. An owner of mining right shall, as provided for by the Ministerial Ordinance, select a safety guard in a mine. 2 A safety guard shall advise a safety supervisor, an assistant safety supervisor and a boss concerning the maintenance of safety. 3 The provisions of Article 13, Paragraph 2 to 5 inclusive together with the provisions of Paragraph 4 of the preceding Article shall apply mutatis mutandis to a safety guard.

Article 16. For the purpose of preparing for a case where a safety supervisor, an assistant safety supervisor or a safety guard cannot perform the function on account of illness, journey or other causes, an owner of mining right shall, as provided for by the Ministerial Ordinance, select beforehand a proxy and notify it to the chief of the Mine Safety and Inspection Division. 2 In case a proxy mentioned in the preceding paragraph executes the function, he shall be considered as a safety supervisor, an assistant safety supervisor or a safety guard in respect to application of the provisions of this Law and of an order to be issued under this Law.

Article 17. A mine worker shall observe an instruction given by a safety supervisor, an assistant safety supervisor and a boss in order to secure the enforcement of the provisions of this Law or the Ministerial Ordinance based upon this Law.

Article 18. A safety supervisor, an assistant safety supervisor, a boss and a safety guard (called generally hereinafter the safety technical officials) shall, as provided for by the Ministerial Ordinance, pass the State Examination and, at the same time, have a definite qualification.

(The Safety Commission) Article 19. An owner of mining right shall, for the purpose of making cooperate with a safety supervisor (an owner of mining right in a mine where a safety supervisor is not selected;the same shall apply hereinafter in this Article) in the execution of his function concerning safety and give an advice to him, establish the Safety Commission in a mine as provided for by the Ministerial Ordinance. 2 The Safety Commission shall consist of a safety supervisor and the members;and the former shall be the chairman.

Article 20. The members of the Commission shall be selected by an owner of mining right from among mine workers in the mine. 2 Half the number of the members mentioned in the preceding paragraph shall be selected with the recommendation of the majority of mine workers in the mine. However, this shall not apply in case there is no recommendation at all.

Article 21. The Safety Commission shall be convened by the chairman and the proceedings shall be decided by the majority of the members presenting at the meeting. In case the number of pros and cons is equal, the chairman shall decide.

(The administrative measures from the standpoint of supervision) Article 22. The chief of the Mine Safety and Inspection Division shall supervise the effectuation of the matters concerning the maintenance of safety in the plan of enterprise under the provisions of Article 44 of the Mining Industry Law (Law No.45 of 1905)(including a case where it is applied mutatis mutandis under the provisions of Article 23 of the Alluvial Mining Industry Law (Law No.13 of 1909), Article 17-(22) Paragraph 2 of the old Act to Promote the Production of Important Minerals, which has been still kept valid according to the provisions of Paragraph 3 of the Supplementary Provisions of the said Act and Article 33, Paragraph 1 of the Temporary Measures for Coal Mining Right, etc. Law). 2 The chief of the Mine Safety and Inspection Division may consult over the matters concerning the maintenance of safety in the plan of enterprise with the chief of the Commerce and Industry Bureau (in respect to the coal mining industry, chief of the Coal Bureau;the same shall apply hereinafter in this Chapter) and, by showing the reason, give an order to make amendment therein.

Article 23. In case an owner of mining right intends to dig and prospect minerals in the underground of the bottom of the sea, river or lake, or the underground where damage by mining is very likely to occur through the digging of land, he shall, as provided for by the Ministerial Ordinance, map out the special digging program and ask for the permission of the chief of the Mine Safety and Inspection Division. The same shall apply in case any change is intended to be made therein. 2 The chief of the Mine Safety and Inspection Division may give an order to make some change in the special digging program by showing the reason. 3 An owner of mining right shall not dig and prospect minerals in the underground provided for by Paragraph 1 unless under the special digging program.

Article 24. The Minister of Commerce and industry may, when it is necessary in case there occurs a danger, a damage by mining or an injury to mineral resources or to the facilities, or there is much fear as such through the operation of mining, order an owner of mining right to suspend the mining operation.

Article 25. When the chief of the Mine Safety and Inspection Division considers the use of machinery, instruments, buildings, equipment and other facilities, the handling of explosives, other materials, motive power or fire and the other method of operating the mining contravene the provisions of the Ministerial Ordinance based upon this Law, he may order the necessary matters for the sake of safety such as suspension of the use, reconstruction, repair or removal of the equipment, or designation of the way of executing the mining, etc. to an owner of mining right. 2 In giving an order under the provisions of the preceding paragraph, the chief of the Mine Safety and Inspection. Division shall consult with the chief of the Bureau of Commerce and Industry. However, this shall not apply in case there is an impending danger.

Article 26. The chief of the Mine Safety and Inspection Division may, for the term of five years even after extinction of the mining right, order the former owner of mining right to make the necessary equipment for the prevention from a danger or a damage by mining which will occur due to the effectuation of mining by him. 2 A person who was given an order under the provisions of the preceding paragraph shall be considered as an owner of mining right within the limit necessary for the effectuation of the matters demanded by the said order.

Article 27. When the Minister of Commerce and Industry or the chief of the Mine Safety and Inspection Division intends to issue an order under the provisions of Article 22, Paragraph 2, Article 23, Paragraph 2, Article 24, Article 25, Paragraph 1, or Paragraph 1 of the preceding Article, he shall first conduct a public hearing, giving a notice in advance of the date and place of such hearing to the said owner or the former owner of mining right. However, this shall not apply in case an order under the provisions of Article 25, Paragraph 1 is to be issued, when there is an impending danger concerning maintenance of safety. 2 The person who received the notice mentioned in the preceding paragraph may state his opinion and produce evidence to the Minister of Commerce and Industry or the chief of the Mine Safety and Inspection Division at such hearing.

(A report) Article 28. The Minister of Commerce and Industry or the chief of the Mine Safety and Inspection Division may, as provided for by the Ministerial Ordinance, make an owner of mining right submit a necessary report concerning the maintenance of safety.

(A safety map) Article 29. An owner of mining right shall, as provided for by the Ministerial Ordinance, make a safety map, keep it at the mining office and further submit its copy to the chief of the Mine Safety and Inspection Division.

(Mandate to the Ministerial Ordinance) Article 30. Except for those provided for by the provisions of Articles 6 to 10 inclusive, Articles 12 and 13, Articles 15 to 17 inclusive, Article 19, Article 23 and the preceding two Articles, the measures to be taken by an owner of mining right in accordance with the provisions of Article 4 and the matters to be observed by safety technical officials and other mine workers in accordance with the provisions of Article 5 shall be provided for by the Ministerial Ordinance.

(Exemption from application) Article 31. The provisions of Article 4, Articles 8 and 9, Article 22, Articles 24 and 25 and Article 28 shall, only in respect to prevention from damages by mining accompanying disposal of waste water, slags and smelting smoke apply to the attached facilities under the provisions of Article 2, Paragraph 3 and Paragraph 5.

Chapter III. Supervisory Organs

(The Mine Safety Bureau and the Safety and Inspection Division) Article 32. For the purpose of enforcing this Law, the Mine Safety Bureau, as an intra-ministerial office and the Mine Safety and Inspection Division and the Coal Mine Safety and Inspection Division, as subdivision of the local branch office shall be established respectively in the Ministry of Commerce and Industry. 2 The Mine Safety Bureau shall attend to the business concerning the maintenance of safety in the mining industry. 3 The Mine Safety and Inspection Division shall attend to part of the business placed under charge of the Mine Safety Bureau, i. e., the matters concerning the maintenance of safety in the mining industry other than the coal mining industry and the Coal Mine Safety and Inspection Division shall attend to part the business placed under charge of the Mine Safety Bureau, i. e., the matters concerning the maintenance of safety in the coal mining industry. 4 The Mine Safety and Inspection Division or the Coal Mine Safety and Inspection Division shall be under the direct supervision of the Minister of Commerce and Industry and be placed respectively at the Commerce and Industry Bureau and the Coal Bureau. 5 The jurisdictional area of the Mine Safety and Inspection Division or the Mine Safety and Inspection Division shall correspond to that of the Commerce and Industry Bureau or the Coal Bureau at which it is placed and its denomination shall be decided by the Minister of Commerce and Industry. 6 The internal organization of the Mine Safety and Inspection Division and the Coal Mine Safety and Inspection Division shall be provided for by the Ministerial Ordinance.

(Officials) Article 33. The kind and the fixed number of the personnel to be posted in the Mine Safety Bureau shall be as shown in Attached Table 1. 2 The kind and the fixed number of the personnel to be posted in the Mine Safet and Inspection Division and the Coal Mine Safety and Inspection Division shall be, in all, as shown in Attached Table 2.

Article 34. The head of the Mine Safety Bureau shall be the chief of the Mine Safety Bureau and the head of the Mine Safety and Inspection Division or the Coal Mine Safety and Inspection Division shall be respectively the chief of the Mine Safety and Inspection Division or the Coal Mine Safety and Inspection Division (hereinafter called "the chief of the Safety and Inspection Division" ).

(Competence of the mine inspector) Article 35. A mine inspector may, when it is necessary for the supervision of safety, enter into a mine and the attached facilities of the mining industry and examine conditions of business or equipment, or books, documents and other materials concerning the maintenance of safety, or put a question to the person concerned. 2 In case a mine inspector enters and examines or questions according to the provisions of the preceding paragraph, he must bring with him a certificate indicating his position and present it to the person concerned when demanded by him.

Article 36. When the use of machinery, instruments, buildings, equipment and other facilities, the handling of explosives, other materials, motive power or fire and the other method of operating the mining contravene the provisions of the Ministerial Ordinance based upon this Law and, at the same time, there is an impending danger concerning safety, a mine inspector may perform the competence of the chief of the Mine Safety and Inspection Division provided for in Article 25, Paragraph 1. 2 An order given by a mine inspector according to the provision of the preceding paragraph shall be considered as that given by the chief of the Safety and Inspection Division according to the provisions of Article 25, Paragraph 1.

Article 37. A mine inspector shall, in respect to offences against this Law, perform the function of a judicial police officer provided for in the Code of Criminal Procedure (Law No.131 of 1948).

(Statement to the chief of the Safety and Inspection Division or a mine inspector) Article 38. In case there is a fact in contravention of this Law or the Ministrial Ordinance to be issued under this Law in a mine and, further, there occurs or is much probability of causing a danger, a mine worker may state the fact to the chief of the Safety and Inspection Division or a mine inspector. 2 An owner of mining right shall not dismiss or treat a mine worker disadvantageously on account of his statement mentioned in the preceding paragraph.

(The Board of the Mine Safety Examination) Article 39. For the purpose of conducting the State Examination of mine safety technical personnel and of investigating into and deliberating upon the matters concerning the qualification for mine safety technical personnel, the Board of the Mine Safety Examination (hereinafter called the Board) shall be established in the Ministry of Commerce and Industry.

Article 40. The members of the Board shall be 10 in number and the membership shall be entrusted by the Minister of Commerce and Industry to some persons having the qualification enumerated in each of the following items: (1) A graduate of a university under the School Education Law (Law No.26 of 1947) or under the former University Ordinance (Imperial Ordinance No.388 of 1916) or of a technical college under the former Technical College Ordinance (Imperial Ordinance No.61 of 1903), or a person whose learning and technical ability are recognized by the National Personnel Authority to be the same with or over those of each graduate mentioned in the above; (2) A person who has been engaged in the mining industry or the study concerning the mining industry for ten years or over; (3) A person of or over thirty years of age. 2 The Minister of Commerce and Industry may, when he considers it necessary, entrusted the temporary membership to some persons having the qualification mentioned in the preceding paragraph.

Article 41. The term of service for the members of the Board shall be three years. However, re-appointment may be admitted. 2 The term of service for a substitute member shall be the remaining period of his predecessor.

Article 42. The president shall be posted in the Board. The president shall be appointed by the Minister of Commerce and Industry from among the members. 2 The president shall preside over the business of the Board. 3 When the president fails to perform the function on account of some cause, the member nominated by the Minister of Commerce and Industry shall execute the function in his place.

Article 43. The miscellaneous affairs of the Board shall be disposed of by the Mine Safety Bureau.

Article 44. To the member and a temporary member of the Board allowance and travelling expences may be paid and except in the case of allowance to a person otherwise employed by the Government.

(The Safety Committee) Article 45. The Central Mine Safety Committee (hereinafter called the Central Committee), in the Ministry of Commerce and Industry, the Local Mine Safety Committee, in the Mine Safety and Inspection Division and the Coal Mine Safety Committee, in the Coal Mine Safety and Inspection Division shall be established respectively.

Article 46. When the Minister of Commerce and Industry intends to establish, amend or abolish the Ministerial Ordinance under the provisions of Article 6, Paragraph 2, Article 7, Paragraph 1, Article 8, Paragraph 1 or Paragraph 2, Article 9, Article 10, Paragraph 1, Article 13, Paragraph 1, Article 14, Paragraph 4 (including a case where it is applied mutatis mutandis in Article 13, Paragraph 3), Article 15, Paragraph 1, Article 16, Paragraph 1, Article 18, Article 19, Paragraph 1, Article 23, Paragraph 1 or Article 30, or to give an order in accordance with the provisions of Article 24, he shall consult it with the Central Committee. 2 When the chief of the Safety and Inspection Division decides the standard of permission under the provision of Article 10, Paragraph 4 or Article 23, Paragraph 1, he shall consult it with the Local Mine Safety Committee or the Local Coal Mine Safety Committee (hereinafter called "the Local Committee" ). 3 The Central Committee and the Local Committee may investigate into and deliberate upon the important matters concerning the maintenance of safety in response to the question put to them by the Minister of Commerce ane Industry or the chief of the Safety and Inspection Division and further make a proposition to the Minister of Commerce and Industry or the chief of the Safety and Inspection Division.

Article 47. The Central Committee and the Local Committee shall consist of one president and not more than thirty members respectively.

Article 48. The presidency of the Central Committee and that of the Local Committee shall be occupied respectively by the Minister of Commerce and Industry and by the chief of the Safety and Inspection Division. 2 The membership to the Central Committee and the Local Committee shall be entrusted in equal number to such persons as those who have learning and experience, those who represent owners of mining right and those who represent mine workers respectively by the Minister of Commerce and Industry in the case of the Central Committee and the chief of the Safety and Inspection Division in the case of the Local Committee.

Article 49. The miscellaneous affairs of the Central Committee and those of the Local Committee shall be disposed of respectively by the Mine Safety Bureau and the Mine Safety and Inspection Division or the Coal Mine Safety and Inspection Division.

Article 50. The personnel of the Government organs concerned may, with the approval of the president, attend the meeting of the Central Committee and the Local Committee and state their opinions.

Article 51. The provisions of Article 42, Paragraph 2 and Article 44 shall apply to the Central Committee and the Local Committee mutatis mutandis.

(The Mine Inspectors Training Institute) Article 52. For the purpose of giving instructions to mine inspectors in the necessary learnings and the actual business, the Mine Inspectors Training Institute shall be established in the Ministry of Commerce and Industry. 2 The denomination, location and other necessary matters shall be provided for by the Ministerial Ordinance.

(The Safety Techniques Training Facilities) Article 53. For the purpose of giving instructions in necessary techniques and actual practices to mine safety technical personnel or to those who intend to be, the Safety Techniques Training Facilities shall be established in the Ministry of Commerce and Industry. 2 The denomination, location and other necessary matters shall be provided for by the Ministerial Ordinance.

(An advice of the Minister of Labor and the chief of the Labor Standard Bureau) Article 54. The Minister of Labor may give an advice to the Minister of Commerce and Industry in respect to the prevention of danger in a mine. 2 The chief of the Labor Standard Bureau, Labor Ministry may give an advice to the chief of the Mine Safety Bureau in respect to prevention of danger in a mine.

Chapter IV. Penal Provisions

Article 55. Any person who comes under any of the following items shall be liable to be condemned to penal servitude not more than one year or a fine not exceeding 100,000 yen: (1) Any person who offended the provision of Article 23, Paragraph 1 or Paragraph 3; (2) Any person who offended an order or a disposal under the provision of Article 7, Paragraph 2, Article 22, Paragraph 2, Article 23, Paragraph 2, Article 24, Article 25, Paragraph 1 or Article 26, Paragraph 1.

Article 56. Any person who comes under any of the following items shall be liable to be condemned to penal servitude for not more than six months or a fine not exceeding 30,000 yen: (1) Any person who made a mine worker set about work in contravention of the restriction mentioned in Article 6, Paragraph 2; (2) Any person who offended the provision of Article 7, Paragraph 1, Article 8, Paragraph 1, Article 9, Article 10, Paragraph 1, Article 13, Paragraph 1, Article 15, Paragraph 1, Article 16, Paragraph 1 or Article 38, Paragraph2; (3) Any person who failed to submit a notice or submitted a false notice in contravention of the provision of Article 8, Paragraph 2; (4) Any person who offended an order or a disposal under the provisions of Article 8, Paragraph 3, Article 10, Paragraph 3 or Article 13, Paragraph 2 (including a case where it is applied mutatis mutandis in Article 15, Paragraph 3); (5) Any person who failed to take measures provided for in Article 4 or to observe the matters provided for in Article 5 in contravention of the Ministerial Ordinance under the provisions of Article 3.

Article 57. Any person who comes under any of the following items shall be liable to be condemned to a fine not exceeding 20,000 yen: (1) Any person who offended the provison of Article 6, Paragraph 1 or Article 29; (2) Any person who failed to submit a notice or submitted a false notice in contravention of the provision of Article 8, Paragraph 4 or Article 13 Paragraph 5 (including a case where it is applied mutatis mutandis in Article 15, Paragraph 3); (3) Any person who failed to make a report or made a false report under the provision of Article 28; (4) Any person who refused, obstructed or evaded the examination through entrance or who failed to make statement to a question under the provision of Article 35, Paragraph 1.

Article 58. In case any representative of a juridical person, or any deputy of employee of, or any other person working for a juridical person or an individual has committed the offences prescribed in the preceding three Articles with respect to the business of the said juridical person or the individual, the fine as prescribed in each of the preceding three Articles shall be imposed upon the juridical person or the individual in addition to the actual offenders being liable to be condemned.

Supplementary Provisions: 1. The day of enforcemeut of this Law shall be decided by the Cabinet Order within the period not exceeding ninety days computing from the day of its promulgation. however, the provisions of Articles 1 to 3, inclusive Articles 32 to 34 inclusive, Articles 39 to 54 inclusive and Paragraphs 5 to 10 inclusive of Supplementary Provisions shall be put into force as from the day of its promulgation. 2. Part of the Mining Industry Law shall be amended as follows: Article 8 shall be amended as follows:

Article 8. Deleted.

In Article 41, "Article 72" shall be deleted, and next to "an order" shall be added "or an order under the provisions of Article 24 or Article 25, Paragraph 1 of the Mine Safety Law." In Article 44, "an owner of digging right" , and "digging" shall read "an owner of mining right" and "digging and prespecting" respectively, and the following one paragraph shall be added as Paragraph 2: When the chief of the Mine Supervision Bureau intends to give the permission mentioned in the preceding paragraph, he shall consult with the chief of the Mine Safety and Inspection Division or the chief of Coal Mine Safety and Inspection Division. The following one paragraph shall be added to Article 45: When the chief of the Mine Supervision Bureau intends to issue an order mentioned in the preceding paragraph, he shall consult with the chief of the Mine Safety and Inspection Division or the chief of the Coal Mine Safety and Inspection Division. Article 47 shall be amended as follows:

Article 47. Deleted.

"Chapter IV. The Mining Police" shall read "Chapter IV. Deleted," and the provisions of Articles 71 to 74 inclusive shall be amended as follows:

Articles 71 to 74 inclusive. Deleted.

In Article 96, Item 1, next to "Article 44" shall be added "Paragraph 1 or Paragraph 3" ;in Item 2 of the same Article, "Article 45, Article 72, Article 73, Paragraph 1 or Article 74, Paragraph 1" shall read "or Article 45, Paragraph 1," ;and Items 3 and 4 of the said Article shall be deleted. In Article 97, Item 1, "Article 46 to Article 48 inclusive" shall read "Article 46 or Article 48." 3. Part of the Alluvial Mining Industry Law shall be amended as follows: Article 16-(3) shall be deleted. Article 20, Item 1 and Items 3 to 5 inclusive shall be deleted;in Item 2 of the same Article, next to "Article 10, Paragraph 2" shall be added "or Article 44, Paragraph 1 or Paragraph 3" ;the said item shall be Item 1;and the following one item shall be added to the said Article as Item 2: 2. Any person who offended an order under the provision of Article 45, Paragraph 1 of the Mining Industry Law which is applied mutatis mutandis in Article 23. In Article 23, next to "Articles 38 to 43 inclusive" shall be added "Article 44, Article 45," and "Articles 71 to 74-(3) inclusive" shall read "Article 74-(2), Article 74-(3)." 4. Part of the Labor Standard Law (Law No.49 of 1947) shall be amended as follows: In Chapter V. next to Article 55 shall be added the following one Article:

Article 55-(2). The provisions in this Chapter shall not apply to the maintenance of safety in a mine (including ventilation concerning hygienics and rescue at the time of a disaster) under the provisions of Article 2, Paragraph 3 and Paragraph 5 of the Mine Safety Law.

5. Part of the Law governing the Establishment of the Ministry of Labor (Law No.97 of 1947) shall be amended as follows: Article 6, Items 2 and 3 shall be amended as follows: 2. Safety in industry (excluding the matters concerning safety in a mine); 3. Labor hygienics (excluding the matters concerning ventilation in a mine and rescue at the time of disaster). 6. Part of the Regulations governing the Organization of the Ministry of Commerce and Industry (Imperial Ordinance No.486 of 1945) Article 23 shall be amended as follows:

Article 23. Deleted.

7. Part of the Regulations governing the Establishment of Temporary Personnel, etc. in the Ministry of Commerce and Industry (Imperial Ordinance No.487 of 1945) shall be amended as follows: Article 10, Items 2 and 3 shall be deleted. 8. Part of the Regulations governing the Organization of the Bureau of Commerce and Industry (Imperial Ordinance No.1 of 1946) shall be amended as follows: In Article 1, next to "the business concerning the mining industry and the alluvial mining industry" shall be added "(excluding the business concerning safety)." Article 8 shall be amended as follows:

Article 8. Deleted.

9. Part of the Law for the Establishment of the Coal Board (Law No.40 of 1948) shall be amended as follows: In Article 1, next to "and consumption" shall be added "(excluding the business concerning Safety)." In Article 5, Paragraph 1, Item 2, "safety and" shall be deleted. 10. Part of the Temporary State Control of Coal Mining Law (Law No.219 of 1947) shall be amended as follows: In Article 41, next to "other matters relative to coal production" shall be added "(excluding the business concerning the maintenance of safety)." 11. Part of the Temporary Measures of Coal Mining Right, etc. Law shall be amended as follows: In Article 29, Paragraph 1, Item 3, "72 and" shall read "or," and next to "the order...... in Article 33" shall be added, "or the order under Article 24 or Article 25, Paragraph 1 of the Mine Safety Law." In Article 33, "72" shall read "74-(2)" ;and in proviso to Paragraph 1 of the same Article, "in Article 74, Paragraph 1 and Article 74-(2), Paragraph 1 of the Mining Industry Law, 'extinction of owner of mining right'shall read'extinction of lease of mine field due to extinction of owner of mining right';and in Article 74-(2), Paragraph 1 of the said Law, 'at the time of extinction of mining right'" shall read "in Article 74-(2), Paragraph 1 of the Mining Industry Law, 'in case mining right is extinct'shall read'in case lease is extinct through extinction of mining right'and'at the time of extinction of mining right.'" In Article 36, Item 1, "Article 45, Article 72 or Article 73, Paragraph 1 or Article 74, Paragraph 1" shall read "or Article 45, Paragraph 1," ;and in Item 2 of the said Article, next to "Article 44" shall be added "Paragraph 1 or Paragraph 3." 12. An owner of prospecting right or alluvial mining right (excluding a person who was given an order under the provisions of Article 16-(3), Paragraph 1 of the Alluvial Mining Industry Law prior to amendment) may operate his mining industry for the period of one year from the day of enforcement of this Law, notwithstanding the provisions of Article 44, Paragraph 1 and Paragraph 3 of the Mining Industry Law (including a case where it is applied mutatis mutandis in Article 23 of the Alluvial Mining Industry Law). 13. The plan of enterprise to which was given the permission under the provision of Article 16-3, Paragraph 1 or Paragraph 2 of the Alluvial Mining Industry Law prior, to amendment shall be considered as the one which was given the permission according to the provision of Article 44, Paragraph 1 which is applied mutatis mutandis in Article 23 of the said Law after amendment. 14. For the period of six months from the day of enforcement of this Law, an owner of mining right may, notwithstanding the provision of Article 18, adopt a person who is actually a technical supervisor, a proxy of a technical supervisor or a boss under the provision of the Mining Police Regulations (Ministry of Commerce and Industry Ordinance No.21 of 1929) at the time of enforcement this Law as a safety technical personnel. 15. For the period of one year from the day of enforcement of this Law, an owner of mining right may, notwithstanding the provision of Article 18, adopt a person who went through the selection of the Board as a mine inspector. 16. Application of the Penal Provisions to acts committed prior to the enforcement of this Law shall be governed by the former instances. Attached Table 1 Classification 1st class 2nd class 3rd class Total Kind of personnel Mine inspectors 1 7 9 17 Technical Officials of the Ministry of Commerce and Industry 6 10 16 Secretaries of the Ministry of Commerce and Industry 2 3 5 Total 1 15 22 38 Employees 12 Grand Total 50 Attached Table 2 Classification 2nd class 3rd class Total Kind of personnel Mine inspectors 74 92 166 Technical Officials of the Ministry of Commerce and Industry 11 21 32 Secretaries of the Ministry of Commerce and Industry 7 12 19 Total 92 125 217 Employees 28 Grand Total 245 Minister of Commerce and Industry INAGAKI Heitaro Minister of Labor SUZUKI Masabumi Prime Minister YOSHIDA Shigeru