Cultural Properties Protection Law

法令番号: 法律第214号

公布年月日: 昭和25年5月30日

法令の形式: 法律

公布: 昭和25年5月30日法律第214号

審議経過

国立国会図書館“Official gazette”

I hereby promulgate the Cultural Properties Protection Law.

Signed:HIROHITO, Seal of the Emperor

This thirtieth day of the fifth month of the twenty-fifth year of Showa (May 30, 1950)

Prime Minister　YOSHIDA Shigeru

Law No.214

Cultural Properties Protection Law

Contents

Chapter I General Provisions(Articles 1-4)

Chapter II Cultural Properties Protection Commission

Section 1 General Provisions(Articles 5-15)

Section 2 Secretariat(Articles 16-19)

Section 3 Auxiliary Organs and Detached Offices of Secretariat(Articles 20-24)

Section 4 Personel(Articles 25-26)

Chapter III Tangible Cultural Properties

Section 1 Important Cultural Properties(Articles 27-56)

Subsection 1 Designation(Articles 27-29)

Subsection 2 Custody(Articles 30-34)

Subsection 3 Protection(Articles 35-47)

Subsection 4 Opening to Public(Articles 48-53)

Subsection 5 Investigation(Articles 54-55)

Subsection 6 Miscellaneous(Artiele 56)

Section 2 Tangible Cultural Properties Other than Important Cultural Properties(Articles 57-66)

Subsection 1 Buried Cultural Properties(Articles 57-65)

Subsection 2 Technical Guidance concerning Tangible Cultural Properties(Article 66)

Chapter IV Intangible Cultural Properties(Articles 67-68)

Chapter V Historic Sites, Places of Scenic Beauty and Natural Monuments(Articles 69-84)

Chapter VI Additional Provisions(Articles 85-105)

Chapter VII Penalties(Articles 106-112)

Supplementary Provisions

(Articles 113-130)

CHAPTER I General Provisions

(Purpose of this Law)

Article 1.　The purpose of this Law is to preserve and utilize cultural properties, whereby the culture of the Japanese people may be furthered and contribution be made to the progress of world culture.

(Definition of Cultural Properties)

Article 2.　In this Law "cultural properties" shall be the following:

(1)　Buildings, pictures, sculpture, objects of applied arts, pieces of calligraphy, classical books, ancient documents, folk-custom data, and other tangible cultural products, which possess a high historical or artistic value in and for this country, and archaeological data (hereinafter referred to as "tangible cultural properties" );

(2)　Dramatic, musical, and industrial arts and other intangible cultural products, which possess a high historical or artistic value in and for this country, (hereinafter referred to as "intangible cultural properties" );

(3)　Historic sites, places of scenic beauty and natural monuments (hereinafter referred to as "historic sites, places of scenic beauty, and/or natural monuments" ).

2　The term "important cultural properties" occurring in the provisions of this Law (excepting the provisions of Art.18 item (1), Art.21 par.2 item (1), Art.27 pars.1 and 2, Art.28 pars.1 and 3, Art.29 pars.1 and 4, Art.37 par.2, Art.55 par.1 item (4), Art.88 pars.1 and 2, Art.94, and Art.115) shall be construed as including national treasures.

3　The term "historic sites, places of scenic beauty, and/or natural monuments" occurring in the provisions of this Law (excepting the provisions of Art.18 item (8), Art.21 par.2 item (9), Art.69 pars.1 and 2, Art.70 par.1, Art.71 pars.1 and 2. Art.77 par.2, Art.81 par.1 item (4), Art.88 par.3 and Art.94) shall be construed as including special historic sites, places of scenic beauty, and/or natural monuments.

(Role of Government and Local Public Entities)

Article 3.　The Government and the Local Public Entities, considering that the cultural properties of the country are indispensable to correct understanding of its history, culture, etc. and that the form a foundation for the cultural elevation and development of the future, shall make efforts for a thorough understanding of the purport of this Law with utmost care so that such properties may be prorerly preserved.

(Attitude of the People, Owners, ete.)

Article 4.　The people in general shall cooperate in measures taken by the Government and the Local Public Entities for the attainment of the purpose of this Law.

2　The owners of cultural properties and other persons concerned shall preserve such properties with good care and utilize them for cultural purposes by opening them to the public or by other means, in full consciousness that the cultural properties of the country are valuable national possessions.

3　In the execution of this Law, the Government and the Local Public Entities shall respect the ownership and other property rights of the persons concerned.

CHAPTER II Cultural Properties Protection Commission

Section 1 General Provisions

(Establishment)

Article 5.　A Cultural Properties Protection Commission (hereinafter referred to as "the Commission" ) shall be set up as an external organ of the Ministry of Education in accordance with the provisions of Art.3 par.2 of the National Government Organization (Law No.120 of 1948).

2　The members of the Commission shall be independent in the exercise of authority.

(Functions)

Article 6.　The Commission shall have charge of the preservation and utilization of cultural properties, the investigation and study thereof and the business necessary for attaining the purposes mentioned in Art.1.

(Powers)

Article 7.　The Commission shall have the following powers in order to conduct the affairs under its jurisdiction;provided that the exercise of the powers shall conform to law (including orders issued thereunder):

(1)　To undertake obligations necessary for execution of the affairs under its jurisdiction, within the limits of the budgetary appropriations;

(2)　To collect revenue and make payment necessary for execution of the affairs under its jurisdiction;

(3)　To establish and manage offices and other facilities required directly for execution of the affairs under its jurisdiction;

(4)　To procure materials for enterprises, books, research materials and office supplies required directly for execution of the affairs under its jurisdiction;

(5)　To administer matters respecting personnel including appointment, removal, awards and discipline;

(6)　To establish and supervise facilities required for the welfare and health of personnel;

(7)　To inspect the affairs under its jurisdiction and take such measures as may be required in accordance with laws or orders;

(8)　To disseminate information about the affairs under its jurisdiction;

(9)　To adopt the official seals of the Commission;

(10)　To prepare adequate records accessible to the public;

(11)　To authorize creation of juridical persons respecting the affairs under its jurisdiction;

(12)　To allocate and distribute funds appropriated by the National Treasury with reference to the affairs under its jurisdiction;

(13)　To provide assistance in Securing materials concerning the affairs under its jurisdiction;

(14)　To collect, interpret, publish and distribute data of statistical surveys and findings concerning the affairs under its jurisdiction;

(15)　To sponsor conferences, study meetings, discussion meetings, etc. on subjects of national or international concern relative to the affairs under its jurisdiction;

(16)　To prepare drafts of laws and orders concerning the protection of cultural properties;

(17)　In addition to those listed in the preceding items, such powers as may be placed under the Jurisdiction of the Commission by law (iucluding orders issued thereunder).

2　The Commission shall not conduct the supervision of administration and management in the execution of its powers, unless otherwise provided by law (including orders issued thereunder).

(Organization)

Article 8.　The Commission shall be composed of five members.

(Appointment of Members and Disqualifications)

Article 9.　The members of the Commission shall be appointed by the Minister of Education with the approval of both Houses of the Diet, from among those who have broad knowledge on culture.

2　Those who come under any of the following items may not become members:

(1)　persons adjudged incompetent or quasiincompetent, and bankrupts who have not been reinstated;

(2)　Persons who have been sentenced to imprisonment without hard labor or a heavier penalty.

3　Of the five members, three or more members shall not affiliate themselves with one and the same political party.

(Term of office of Members)

Article 10.　The term of office of members shall be 3 years:provided that any member filing a vacancy shall serve for the remaining term of his predecessor.

2　The members may be re-elected.

3　In case their term of office has expired when the Diet stands prorogued or when the House of Representatives stands dissolved, any members, notwithstanding the provision of paragraph 1, shall remain in office until the Minister of Education appoints new members with the the approval of both Houses of the Diet at the first session convened thereafter.

(Loss of and Removal from Office)

Article 11.　Any member shall lose office in case he comes under any item of Article 9 paragraph 2, and in case he affiliates himself with a political party to which two of the other members already belong.

2　The Minister of Education way, with the approval of both Houses of the Diet, remove any member, when he is satisfied that the said member is incapable of performing his duties owing to a mental or physical defect or that he has swerved from his official obligations or behaved himself in a manner not befitting a member of the Commission.

3　The Minister of Education shall, with the approval of both Houses of the Diet, remove the following members:

(1)　Members except two out of the three or more who have newly joined a political party to which no member has hitherto belonged;

(2)　Members except one out of the two or more who have newly joined a political party two which one member has hitherto belonged.

4　Whenever both Houses of the Diet recognize that the facts stated in item (1) or (2) of the preceding paragraph exist, they must approve the removal of the requisite number of members.

5　If the approval of removal, as prescribed by the provisions of paragraph 2 or paragraph 3, cannot be obtained owing to the prorogation of the Diet or the dissolution of the House of Representatives, subsequent approval of both Houses at the first session convened thereafter shall suffice for the purpose of the said paragraphs.

(Chairman)

Article 12.　The Commission shall have a Chairman. The Chairman shall be elected from among the members by mutual vote.

2　The Chairman shall preside over the business of the Commission and represent the Commission.

3　The Commission shall beforehand fix a member who is to act for the Chairman when the latter is unavoidably prevented from performing his duties or when the office of Chairman is vacant.

(Compensation to Members)

Article 13.　The Chairman and other members of the Commission shall be paid compensation at such rates as may be determined by law.

(Session)

Article 14.　The Commission shall be convened by the Chairman. When two or more members make the demand, the Chairman must convene the Commission.

2　No session shall be held unless a majority of the members are present.

3　Decisions on the proceedings of the meeting of the Commission shall be made by a majority of the members present, and in case of a tie the Chairman shall decide the issue.

(Regulations of the Commission)

Article 15.　The Chairman may, by resolution of the Commission, determine the Regulations of the Commission on necessary matters for the operation of this Law.

2　The Regulations of the Commission shall be made public in the Official Gazette.

Section 2 Secretariat

(Organization of Secretariat)

Article 16.　Subject to the provisions of Art.7 par.4 of the National Government Organization Law, there shall be established a Secretariat for the business of the Commission;the Secretariat shall consist of a General Affairs Division and a Preservation Division.

(Function of the General Affairs Division)

Article 17.　The General Affairs Division shall take charge of the following bussiness to assist the Commission concerning the affairs under its jurisdiction:

(1)　Confidential matters;

(2)　Classification of positions, appointment and removal, status, discipline and service of personnel, and other matters concerning personnel, welfare, education and training;

(3)　Custody of the official seal of the Chairman and the seal of the Commissson;

(4)　Receipt, dispatch, compilation and custody of official documents;

(5)　Accounts and auditing of accounts;

(6)　Control of administrative property and articles;

(7)　Examination of administration;

(8)　Consideration of draft of laws and orders;

(9)　Session of the Commission and of the Cultural Properties Special Council;

(10)　Order, recommendation and authorization of exhibition or opening to the public, of important cultural properties;

(11)　Custody of important cultural properties exhibited or entrusted to the care of the State (excepting the preventive measures against damage and loss);

(12)　Purchase of important cultural properties;

(13)　Grants for exhibition of cultural properties, consideration money for discovery of buried cultural properties, grant and transfer of buried cultural properties;

(14)　Measures to help procure materials and other kinds of assistance concerning intangible cultural properties;

(15)　Order and authorization of opening to the public of intangible cultural properties;

(16)　Granting of subsidies, bearing of expenses and indemnification of damage in connection with cultural properties;

(17)　In addition to the affairs listed in the preceding items, such matters under the jurisdiction of the Commission as may not come under the control of the Preservation Division.

(Functions of the Preservation Division)

Article 18.　The Preservation Division shall take charge of the following business to assist the Commission:

(1)　Designation of national treasures or important cultural properties and the revocation thereof;

(2)　Order, recommendation, direction, and supervision pertaining to custody and repair of important cultural properties;

(3)　Execution of measures for repairing or preventing the loss or damage of national treasures;

(4)　Approval of alteration of the existing state, exportation, and opening to the public by those other than the owners, of important cultural properties, and order for such restriction, prohibition and necessary facilities as may be required for preserving the integrity of their surroundings;

(5)　Order of prohibition, suspension and discontinuance respecting unearthing of buried cultural properties;

(6)　Execution of unearthing of buried cultural properties;

(7)　Selection of intangible cultural properties for which measures of assistance are to be taken;

(8)　Designation of special historic sites, places of scenic beauty, and natural monuments or historic sites, places of scenic beauty, and natural monuments and the revocation thereof;

(9)　Order, recommendation, direction and supervision pertaining to custody or restoration of historic sites, places of scenic beauty, and natural monuments;

(10)　Execution of measures for restoring and preventing the loss, damage or decay of special historic sites, places of scenic beauty, and natural monuments;

(11)　Approval of alteration, etc, of the existing state of historic sites, places of scenic beauty, and natural monuments, and order for restriction or prohibition of acts and necessary facilities for the sake of preserving the integrity of surroundings;

(12)　Investigation concerning cultural properties and execution of measures necessary for that purpose;

(13)　Professional and technical guidance or advice concerning cultural properties;

(14)　Notification concerning custody of cultural properties;

(15)　Preparation of registers for cultural properties;

(16)　Publication and distribution of data necessary for custody, repair and restoration of cultural properties;

(17)　Preparation of records, photographs, copies and reproductions of cultural properties.

(Chief of Secretariat)

Article 19.　The Secretariat of the Commission shall have a Chief. The Chief shall take charge of the business of the Secretariat under the guidance and supervision of the Chairman of the Commission, while guiding and supervising the personnel belonging thereto.

Section 3 Auxiliary Organs and Detached Offices of Secretariat

(Auxiliary Organs)

Article 20.　The Cultural Property Special Council, the National Museum, and the Research Institute shall be the auxiliary organs attached to the Commission.

(Cultural Property Special Council)

Article 21.　In cases where the Commission consults the Cultural Property Special Council, the latter shall investigate and deliberate professional and technical matters concerning preservation and utilization of cultural properties, and shall make such proposals to the Commission as may be deemed necessary for the said purposes.

2　The Commission shall consult beforehand the Cultural Property Special Council with reference to the following matters:

(1)　Designation of national treasures or important cultural properties and the revocation thereof;

(2)　Orders concerning custody and repair of important cultural properties;

(3)　Execution of repairs of national treasures and of preventire measures against loss or damage of national treasures;

(4)　Approval of alteration of the existing state of important cultural properties, approval of their exportation, and delegation to the prefectural boards of education of its power to give such approval;

(5)　Orders of restriction and prohibition of acts, and necessary facilities as may be required for the integrity of surroundings, of important cultural properties;

(6)　Purchase of important cultural properties;

(7)　Execution of unearthing of buried cultural properties;

(8)　Selection of intangible cultural properties requiring measures for assistance;

(9)　Designation of special historic sites, places of scenic beauty and natural monuments or historic sites, places of scenic beauty and natural monuments, and the revocation thereof;

(10)　Orders concerning custody or restoration of historic sites, places of scenic beauty, and natural monuments;

(11)　Execution of measures for restoring special historic sites, places of scenic beauty and natural monuments and preventing the loss and damage or decay thereof;

(12)　Approval of alteration of the existing state etc. of historic sites, places of scenic beauty and natural monuments and delegation to the Prefectural Boards of Educations of its power to give such approval;

(13)　Orders for restriction and prohibition of acts, and necessary facilities, as may be required for the integrity of surroundings of historic sites, places of scenic beauty, and natural monuments;

(14)　In addition to the affairs listed in the preceding items, important matters concerning preservation and utilization of cultural properties.

3　The Cultural Property Special Council shall have a division in order to assign thereto a portion of the matters placed under its jurisdiction in accordance with the provisions of the preceding two paragraphs.

4　Matters relating to the organization and function of the Cultural Property Special Council and of its divisions, its expert members, temporary expert members and other personnel thereof, shall be determined by Cabinet Order unless otherwise provided for by law (including the orders issued thereunder).

(National Museum)

Article 22.　The National Museum shall collect tangible cultural properties, hold them under its care and open them to the public;it shall also undertake works relating thereto.

2　The National Museum shall be located in Tokyo-To.

3　The National Museum shall have the Nara Museum as a Branch.

4　The internal organization of the National Museum shall be provided for by the Regulations of the Commission.

(Research Institute)

Article 23.　The Research Institute shall conduct investigation and research, preparation of data and publicity concerning tangible and intangible cultural properties.

2　The Research Institute shall be located in Tokyo-To.

3　The Research Institute may establish its branch or branches.

4　The internal organization of the Research Institute shall be provided for by the Regulations of the Commission.

(Detached Offices of Secretariat)

Article 24.　The Commission may establish the detached offices of the Secretariat at necessary places in order to assign thereto a part of the affairs under its jurisdiction. Their names and locations and scopes of their business shall be provided for by the Regulations of the Commission.

Section 4 Personnel

(Personnel)

Article 25.　Appointment, removal, promotion, disciplinary punishment of the personnel serving with the Commission and other matters of personnel administration shall be determined by the provisions of the National Public Service Law (Law No.120 of 1947).

(Fixed Number of Personnel)

Article 26.　The fixed number of the personnel serving with the Commission shall be provided for by a separate law.

CHAPTER III Tangible Cultural Properties

Section 1 Important Cultural Properties

Subsection 1 Designation

(Designation)

Article 27.　Of the tangible cultural properties, the Commission may designate important ones as important cultural properties.

2　Of the important cultural properties, the Commission may designate as national treasures those properties which are of a high value from the viewpoint of world culture and which are the unique treasures of the nation.

(Announcement of Designations and Issue of Designation Certificates)

Article 28.　When the designation provided for in the preceding Article has been made, the Commission shall announce to that effect in the Official Gazette and issue the certificate of designation to the owner of the designated national treasure or important cultural property.

2　The items to be entered in the certificate of designation and other necessary matters relative to the said document shall be determined by the Regulations of the Commission.

3　When a certificate of designation of a national treasure has been received in accordance with the provisions of par.1, the owner shall return the certificate of designation of the important cultural property which has been designated as a national treasure to the Commission within twenty (20) days.

(Revocation)

Article 29.　In case a designated national treasure or important cultural property has lost its value as such or in case there have arisen some particular reasons, the Commission may revoke the designation of such national treasure or important cultural property.

2　When the revocation has been made in accordance with the provision of the preceding paragraph, the Commission shall announce to that effect in the Official Gazette and notify the owner thereof.

3　When the owner has received a notification of the revocation mentioned in the preceding paragraph, he must return to the Commission the certificate of designation within twenty days.

4　Where the designation of a national treasure has been revoked under par.(1), but where the designation of the said property as an important cultural property has not been revoked, the Commission must issue to the owner a certificate designating the same property as an important cultural property.

Subsection 2 Custody

(Directions respecting Method of Custody)

Article 30.　The Commission may give necessary directions to the owner of an important cultural property with respect to the custody thereof.

(Owner's Duty of Custody, and a Custodian)

Article 31.　The owner of an important cultural property shall have the custody thereof, in accordance with this Law, the Regulations of the Commission and the directions of the Commission issued under this Law.

2　In case there exist some special reasons, the owner of an important cultural property may appoint an appropriate person to be responsible on his behalf for the custody (hereinafter referred to as "the custodian" ) of the same important cultural property.

3　When the owner of an important cultural property has appointed a custodian in accordance with the provision of the preceding paragraph, such owner must report in writing the appointment to the Commission, stating the matters prescribed by the Regulations of the Commission, within twenty days under joint signature, with the custodian so appointed. This provision shall apply also to the cases where the custodian has been released from the responsibility.

4　The provision of par.1 shall apply mutatis mutandis to the custodian appointed undes par.2.

(Change of Owner or Custodian)

Article 32.　In case the owner of an important cultural property has been changed, the new owner shall report in writing the change to the Commission, stating the matters prescribed by the Regulations of the Commission, within twonty days, attaching to the report the certificate of designation issued to the former owner.

2　In case the owner of an important cultural property has changed the custodian referred to in the preceding Article, such owner shall report in writing the change to the Commission, stating the matters prescribed by the Regulations of the Commission, within twenty days under joint signature with the newly appointed custodian.

3　In case the owner of an important cultural property or the custodian referred to in the preceding Article has changed his name, title or address, such owner or custodian shall report in writing the change to the Commission within twenty days, stating the matters prescribed by the Regulations of the Commission. In case the change has occurred in the name, title or address of the owner, he shall attach the certificate of designation to the report to be submitted.

(Loss or Damage)

Article 33.　In any case where an important cultural proporty has been lost or damaged, the owner or the custodian (if such has been appointed under Art.31) shall report in writing the loss or the damage to the Commission, within ten days of the knowledge of the fact, stating the matters prescribed by the Regulations of the Commission.

(Change of Location)

Article 34.　In case the location of an important cultural property has been changed, the owner or the custodian (if such has been appointed under Art.31) shall report in writing the change to the Commission, within twenty days, stating the matters prescribed by the Regulations of the Commission, attaching the designation certificate thereto;provided that this shall apply neither to a temporary change in the location nor to other cases which may be provided for by the Regulations of the Commission.

Subsection 3 Protection

(Subsidy for Custody or Repair)

Article 35.　If the owner of an important cultural property is unable to bear the large expense required for the custody or repair of such property, or if there is any other special reason, the Government may grant a subsidy to the owner so as to cover part of the said expense.

2　Where such a subsidy under the preceding paragraph is granted, the Commission may, as a condition thereof, instruct necessary matters with respect to the custody or repair.

3　The Commission may, if necessary, direct and supervise the custody or repair or an important cultural property for which the subsidy is granted under the provisions of par.1.

(Order or Advice on Custody)

Arricle 36.　Where, in the opinion of the Commission, there are fears that an important cultural property may be destroyed or damaged, because of the unsuitableness of the custodian or of the inappropriate method of custody, it may order or advice the owner of such property or the custodian appointed as such under the provisions of Art.31, with respect to the appointment or change of the custodian, or the improvement of the method of custody, the installation of facilities for preservation and fire-prevention, and other necessary measures for custody.

2　The expenses required for such measures as may be taken conformably to the order or advice given under the preceding paragraph may be defrayed in whole or in part, from the National Treasury in accordance with the Regulations of the Commission.

3　The provision of par.3 of the preceding Article shall apply mutatis mutandis, when the National Treasury grants the expenses, in whole or in part, under the preceding paragraph of this Article.

(Order or Advice on Repairs)

Article 37.　If it is deemed that damaged national treasures require repairs for their preservation, the Commission is authorized to give necessary order or advice on repairs to the owners or the custodians provided for in Art.31.

2　If it is deemed that important cultural properties, which are not national treasures, but which are damaged, require repairs for their preservation, the Commission is authorized to give necessary advice on repairs to the owners or the custodians provided for in Art.31.

3　The expenses for the repairs made upon order or advice given under the provisions of the preceding two paragraphs may be defrayed out of the National Treasury in whole or in part, in accordance with the provisions of the Regulations of the Commission.

4　When the National Treasury bears the expenses in whole or in part under the provision of the preceding paragraph, the provision of Art.35 par.3 shall apply mutatis mutandis.

(Execution of Repairs, etc. by the Government)

Article 38.　The Commission may itself undertake the repairs of national treasures or take preventive measures against their loss or damage in either of the following cases:

(1)　When the owners or the custodians provided for in Art.31 do not comply with the order given in accordance with the provisions of the preceding two Articles;

(2)　When it is deemed unsuitable to have the repairs undertaken or the preyentive measures against loss or damage taken by the owners or the custodians provided for in Art.31, in cases where national treasures have been damaged or where they are in danger of loss damage.

2　When the preventive measures or repairs are to be taken or made in accordance with the provisions of the preceding paragraph, the Commission shall issue beforehand a writ to the owner or the custodian provided for in Art.31, stating the name of the national treasure, the scope and contents of repairs or preventive measures, the date of the commencement of work and other necessary items.

Article 39.　The Commission, when it undertakes itself the repairs or measures in accordance with the provision of par.1 of the preceding Article, shall appoint from among its staff members a person or persons who are to be responsible for the execution of the said repairs or measures and for the custody of the national treasure be be preserved.

2　A person or persons who have been appointed as the responsible persons under the provision of the preceding paragraph shall, when they execute the said repairs or measures, carry with them certificates proving their status;they shall show, when requested, the certificates to the parties concerned;and they shall give adequate consideration to the reasonable views of the parties concerned.

Article 40.　The expenses required for the repairs or measures mentioned in Art.38 par.1 shall be defrayed out of the National Treasury.

2　The Commission may, in accordance with its Regulations, collect from the owner a part of the expenses required for the repairs or measures mentioned in Art.38 par.1.

3　Arts.5 to 7 inclusive of the Law for Administrative Execution by Proxy (Law No.43 of 1948) shall apply mutatis mutandis to the collection of the expenses under the preceding paragraph.

Article 41.　The Government shall indemnify the person or persons affected for the ordinary damage incidental to the repairs or measures undertaken under Art.38 par.1.

2　The person who is not satisfied with the amount of indemnity payable under the preceding paragraph may demand an increase in the amount by litigation;provided that this shall not apply when six months have passed after receipt of the notification of derermination of the indemnity mentioned in the same paragraph.

(Payment in Case of Assignment of Important Cultural Property to which Subsidy has been granted, etc.)

Article 42.　In case the owner at that time, of important cultural property for which the state has granted subsidy under Art.35 par.1, or defrayed expenses for repairs or preventive measures against loss or damage (hereinafter in this Article referred to as "repairs, etc" .) under Art.36 par.2, Art.37 par.3 or Art.40 par.1, his heir, legatee or donee (including the heir, legatee or donee, secondary successor or thereunder;hereinafter the same)(hereinafter in this Article referred to as "owner etc." ) has assigned the said important cultural property for a consideration after performance of repair, etc. to which the State granted subsidy or defrayed expenses, he shall reimburse the State in accordance with the Regulations of the Commission the total of the amount of the said subsidy or share (excluding the sum collected under Art.40 par.2) minus the sum spent by him for repairs, etc. of the said cultural property after performance of repairs, etc.(hereinafter in this Article referred to as "sum of payment" ).

2　"The amount of the subsidy or share" mentioned in the provision of the preceding paragraph shall be the sum corresponding to that which is acquired by dividing the amount of subsidy or share by the number of the durable years fixed respectively by the Commission concerning the important cultural property or part thereof repaired, and by multiplying the quotient by the number of years (omitting the period less than a year) obtained dy deducting from the number of durable years the number of years computing from the time of repair, etc. till the assignment of the important cultural property.

3　In case the value of the important cultural property concerned has lost its value considerably owing to the cause for which the owner, etc. is not responsible, after the state granted subsidy or share, or in case he has assigned the said important cultural property to the State, the Commission may exempt the whole or part of the sum of payment he is obliged to reimburse.

4　In case the said person fails to pay in full within the time-limit designated by the Commission the sum of payment he is obliged to do, the State may collect it following suit of coercive collection of national tax.

5　In case the person who reimburses is heir, legatee or donee, the sum corresponding to the part in respect with inheritance, bequest or donation of the said cultural property out of the amount he has paid as estate tax shall be deducted from the sum of payment, as provided for by a Cabinet Order.

6　In case of assessing the amount of capital gains provided for by Art.9 par.1 item (8) of the Income Tax Law (Law No.27 of 1947) on the assignment provided for in par.1 of this Article of the person who reimburses under the same paragraph, the amount that he reimburses under par.1 of this Article shall be the expense concerning the assignment provided for in the same item.

(Restrictions on Alteration of Existing State)

Article 43.　When the existing state of an important cultural property is to be altered, the permission of the Commission is necessary therefor;provided that this shall not apply when the measures for preservation are to be taken.

2　The Commission, in granting the permission under the preceding paragraph, may give necessary directions respecting the alteration of the existing state, as a condition of the permission.

3　In case the person who has received the permission under par.1 fails to observe the condition of the grant of the permission, the Commission may order the suspension of the alteration permitted or cancel the permission.

(Prohibition of Exportation)

Article 44.　Important cultural properties shall not be exported;provided that this shall not apply when the Commission has given the permission therefor from the viewpoint of international exchange of culture or from other considerations.

(Integrity of Surroundings)

Article 45.　The Commission is authorized, when it deems it necessary for the preservation of important cultural properties, to restrict or prohibit specified kinds of act within a prescribed area or to direct necessary arrangements within such area.

2　The Government shall indemnify the person or persons affected for the ordinary damage incidental to the dispositions mentioned in the preceding paragraph.

3　The provision of Art.41 par.2 shall apply mutatis mutandis to the case of the preceding paragraph of this Article.

(Offer of Sale to the State)

Article 46.　If a person desires to assign an important cultural property for a consideration, he shall file with the Commission a document stating therein the name of the assignee and the estimated value of the consideration (which value has to be calculated in money at the current price in case the consideration stipulated consists in things other than money;hereinafter the same) and any other matter prescribed by the Regulations of the Commission, declaring at the same time that the said property be sold to the State before any other party if the Commission so desires;provided that where the Commission recognizes the special circumstances favoring the sale of the same property to the said (provisional) assignee, this provision shall not apply.

2　If, within twenty days from the offer of sale referred to in the preceding paragraph, the Commission has given notice that the State will buy the said important cultural property, a bargain shall be deemed to have been closed at a price corresponding to the estimated value of the consideration stated in the paper referred to in the same paragraph.

3　The offerer mentioned in par.1 shall not transfer the said important cultural property within the period specified in the preceding paragraph (or until the time within that period when the Commission has notified that the same important cultural property will not be bought by the State).

4　In case the Commission has made the decision that the recognition referred to in the proviso to par.1 be withheld, the party not satisfied with the disposition may protest to the Commission on the decision.

(Trust of Custody or Repairs, or Technical Guidance)

Article 47.　Owners of important cultural properties may trust the Commission with the custody or repairs thereof on conditions determined by the Commission.

2　The Commission may advise the owners, showing them conditions, to trust the Commission with the custody or repairs of their important cultural properties, when this is necessary, in the opinion of the Commission, for the purpose of preservation.

3　When the Commission has been trusted with the custody or repairs of important cultural properties in accordance with the preceding two paragraphs, the provisions of Art.39 shall apply mutatis mutandis.

4　The owners of important cultural properties or the custodians provided for in Art.31 may request the Commission, in accordance with the Regulations of the Commission, for technical guidance respecting the custody or repairs of the important cultural properties.

Subsection 4 Opening to the Public

(Display)

Article 48.　The Commission may advise the owner of an important cultural property to display such property for a term not exceeding one year at a public exhibition to be held by the State At the National Museum or any such institution.

2　In case the National Treasury has defrayed, in whole or in part, the expenses for the custody or repairs of an important cultural property, or granted a subsidy for the same purpose, the Commission may order the owner of such property to display it for a term not exceeding one year at a public exhibition to be held by the State at the National Museum or any such in stitution.

3　If the Commission deems it necessary in the cases under the preceding paragraph, it may renew the term of display for a period not exceeding one year;provided that such renewal shall in no case be consecutive over a period of more than five years.

4　Where an order is issued under par.2 or the period of display is renewed under the preceding paragraph, the owner of an important cultural property must so display it;provided that this shall not apply when the Commission approves the reason for unavoidable failure of display stated in the owner's petition.

5　In addition to the cases mentioned in the preceding four paragraphs, the Commission may, if it sees fit, approve the application of the owner for the display of an important cultural property at a public exhibition to be held by the State at the National Museum or any such institution.

Article 49.　Excepting the case provided for in Art.100, the Commission shall, when an important cultural property is displayed in accordance with the provisions of the preceding Article, appoint from among the staff members of the National Museum and of the Commission a person or persons who will have custody of such prorerty.

Article 50.　The expenses required for such display as Article 48 provides for shall be paid by the National Treasury in accordance with the standards prescribed by the Regulations of the Commission.

2　The Government shall, in accordance with the standards prescribed by the Regulations of the Commission, pay compensation to the owner of a property which has been displayed under the provisions of Art.48.

(Exhibition by the Owner)

Article 51.　The Commission may advise the owner of an important cultural property to give an exhibition thereof for a period not exceeding three months.

2　The Commission may order the owner of an important cultural property, for the custody or repairs of which the National Treasury has borne part or whole of the expense or granted a subsidy, to give an exhibition of such property for a period not exceeding three months.

3　The provision of Article 48 par.4 shall apply mutatis mutandis to the case under the preceding paragraph.

4　The Commission may give necessary directions to the owner of an important cultural property respecting the exhibition, and the custody during the exhibition, of such property.

5　In case the owner of an important cultural property or the custodian referred to in Art.31, fails to observe the directions mentioned in the preceding paragraph, the Commission may order the suspension or discontinuance of the exhibition.

6　The expenses required for an exhibition mentioned in pars.1 to 4 inclusive may, in accordance with the Regulations of the Commission, be defrayed in whole or in part out of the National Treasury.

7　If, in addition to the case provided for by pars.1 to 3 inclusive, the owner of an important cultural property has offered to give an exhibition thereof with the expense borne by the National Treasury, and if the Commission has seen fit to permit it, part or whole of the said expense may be paid by the National Treasury in accordance with the Regulations of the Commission. In this case, the provisions of pars.4 and 5 shall apply mutatis mutandis.

(Indemnification of Damage)

Article 52.　If an important cultural property has been lost or damaged because of its display or exhibition under the provisions of Art.48 or Art.51, the Government shall indemnify the owner for the ordinary loss or damage incidental to the display or exhibition;provided that this provision shall not apply in case the loss or damage has arisen from a cause imputable to the owner or the custodian provided for in Art.31.

2　The provision of Art.41 par.2 shall apply mutatis mutandis to the case mentioned in the preceding paragraph.

(Exhibition by Non-Owners)

Article 53.　In case important cultural properties are to be displayed to the public by any other persons than the owners thereof at an exhibition or a show under their auspices such persons must obtain the authorization of the Commission therefor:provided that if such properties are to be displayed under the auspices of a State agency other than the Commission or of a local public entity at a museum or a similar institution for which the Commission has given previous approval, a notification to the Commission shall suffice for the purpose of this paragraph.

2　In giving the authorization under the preceding paragraph, the Commission may stipulate as a condition the directions necessary for the custody of important cultural properties in case of their exhibition to the public.

3　In case any person who has obtained the authorization referred to in par.1 fails to observe the condition of the authorization, the Commission may suspend the authorized exhibition or cancel the authorization.

Subsection 5 Investigation

(Survey for the Purpose of Preservation)

Article 54.　The Commission is authorized, as it may deem necessary, to ask the owners of important cultural properties or the custodians provided for in Art.31 to report the existing state of the properties or the condition of custody and repair or of the preservation of the integrity of surroundings.

Article 55.　If the Commission cannot be certain about the condition of important cultural properties notwithstanding the report filed under the preceding Article and if there is no alternative way for confirmation, it may fix a person or persons who are to conduct investigation and to order them to enter the place where the said properties are located and carry out investigation on the spot as to the existing state of the properties or the condition of custody and repair or of the preservation of the integrity of surroundings, in any of the following cases:

(1)　Where application for the approval of alteration of the existing conditions of important cultural properties has been field;

(2)　Where important cultural properties have been damaged or where there has been a change in existing conditions or locations;

(3)　Where there is a fear of loss or damage of important cultural properties;

(4)　Where there is a necessity of revaluating cultural properties as national treasures or important cultural properties because of special circumstances.

2　In the case of investigation conducted by entering the place under the preceding paragraph, the persons carrying out such investigation must take with them the certificates indentifying their status;they must show the certificates, upon demand, to the interested parties, and must duly respect their reasonable opinions.

3　The Government shall indemnify the parties affected for the ordinary damage incidental to the investigation conducted under par.1.

4　In the case under the preceding paragraph, Art.41 par.2 shall apply mutatis mutandis.

Subsection 6 Miscellaneous

(Succession to Rights and Obligations on Change of the Owner)

Article 56.　In case the owners of important cultural properties have been changed, the new owners shall succeed to those rights and obligations of the former owners which may have arisen from orders, recommendations, directions, and other dispositions of the Commission under this Law, with reference to the said properties.

2　In the case under the preceding paragraph, the former owners shall hand over to the new the certificates of designation simultaneously with delivery of the important cultural properties.

Section 2 Tangible Cultural Properties other than Important Cultural Properties

Subsection 1 Buried Cultural Properties

(Reports, Directions and Orders on Unearthing)

Article 57.　A person who desires to unearth buried cultural properties in lands other than the areas designated as historic sites (hereinafter referred to as "buried cultural properties" ) under Art.69 or Art.70, shall notify the Commission in writing to that affect, with entries on the matters prescribed by the Regulations of the Commission, at least twenty days prior to the date when the said objects are to be unearthed.

2　The Commission may give necessary directions respecting the unearthing of buried cultural properties notified in accordance with the preceding paragraph, or may prohibit or suspend or stop the unearthing when it deems any of the steps to be particularly necessary for the protection of buried cultural properties.

(Execution of Unearthing)

Article 58.　The Commission may itself undertake the unearthing of buried cultural properties, as it deems necessary.

2　The Commission shall issue beforehand to the owner or occupant of the land a writ stating the aim and method of unearthing, the date of the commencement of unearthing, and other necessary matters, when it wants itself to unearth the cultural properties in accordance with the preceding paragraph.

3　In the case under par.1 the provisions of Art.39 and Art.41 shall apply mutatis mutandis.

Article 59.　When some cultural property has been discovered by the excavation carried out in accordance with par.1 of the preceding Article, it shall suffice for the Commission, except when the said cultural property is returned to its owner, to notify the chief of police station of the discovery, irrespective of Art.1 par.1 of the Lost Property Law (Law No.87 of 1899), which applies mutatis mutandis in Art.13 of the same Law.

2　Upon receiving the notification referred to in the preceding paragraph, the chief of police station must give, as soon as may be, a public notice of the said cultural property in accordance with the provision of Art.1 par.2 of the Lost Property Law, which applies mutatis mutandis in Art.13 of the same Law.

(Presentation)

Article 60.　In case an unearthed object presented as such to the chief of police station in accordance with the provision of Art.1 par.1 of the Lost Property Law, which applies mutatis mutandis in Art.13 of the same Law, is recognisable as a cultural property, the said object shall be placed before the Commission without delay by the chief of police station;provided that this shall not apply, where the owner thereof has been traced.

(Judgment)

Article 61.　In case the unearthed object is presented as such under the provision of the preceding Article, the Commission shall judge whether the object is a real cultural property.

2　The Commission, upon finding that the object is a cultural property, shall notify the chief of police station thereof, and shall, in a contrary case, send back the object to the chief of police station.

(Delivery)

Article 62.　In case return of the cultural property coming under Art.59 par.1 or Art.61 par.2 is asked of the chief of police station by the owner thereof, the Commission shall hand over the object to the chief of police station concerned.

(Reversion of Unearthed Cultural Properties to the National Treasury and Compensation)

Article 63.　In case the owner of the cultural property coming under Art.59 par.1 or Art.61 par.2 is not traceable, the ownership shall revert to the National Treasury. In this case, the Commission shall so inform the finder of the said cultural property and the proprietor of the land where that cultural property has been found, and shall pay compensation corresponding to the value of the object.

2　In case the finder and the owner of the land referred to in the preceding paragraph are different persons, the compensation shall be given by dividing it into halves.

3　In the cases mentioned in the preceding two paragraphs, the provision of Art.41 par.2 shall apply mutatis mutandis.

(Transfer, etc.)

Article 64.　The Government is authorized to transfer the property to the finder of the clutural property or the owner of the land where it has been found within limits of the value corresponding to the amount of the compensation to be received by the said person in accordance with the provisions of the preceding Article, except where the retention by the State is necessary for the preservation of the cultural property provided for in Art.61 par.2 or in view of the utility thereof.

2　In the case stated in the preceding paragraph, the amount of money corresponding to the price of the cultural property transferred shall be deducted from the amount of the compensation provided for in the preceding Article.

3　The Government, except where it is necessary for the State to retain for itself the buried cultural property which has been bound for the purpose of its preservation or in view of its utility, is authorized to transfer the property without consideration, or to assign it for a price smaller than the current price, to the local public entity which has the jurisdiction over the land where the said buried cultural property has been found, in case application is filed therefor.

(Application of the Lost Property Law to Buried Cultural Properties)

Article 65.　Unless otherwise provided for by this Law, the provisions of Art.13 of the Lost Property Law shall apply to buried cultural Properties.

Subsection 2 Technical Guidance concerning Tangible Cultural Properties

(Technical Guidance)

Article 66.　The owners of tangible cultural properties not including important cultural properties may, in accordance with the Regulations of the Commission, ask the Commission to give technical guidance on the custody and repair of the tangible cultural properties.

CHAPTER IV Intangible Cultural Properties

(Assistance)

Article 67.　With reference to those intangible cultural properties which possess a particularly high value, but which may become ruined or lost unless the State extends protection, the Commission must take appropriate measures of assistance by granting a subsidy to the persons fit to be charged with their preservation or by helping them to obtain materials or by other methods.

2　The provisions of Art.35 pars.2 and 3 shall apply mutatis mutandis to the cases where a subsidy is granted under the preceding paragraph.

(Exhibition)

Article 68.　The Commission may order the persons who have been granted measures of assistance mentioned in the preceding Article, to exhibit the said intangible cultural properties for a period not exceeding three months.

2　In the case under the preceding paragraph, the provisions of Art.51 pars.3 to 6 inclusive shall apply mutatis mutandis.

3　Where a person or persons who are charged with the preservation of intangible cultural properties in accordance with the preceding Article have offered to exhibit such properties with the expenses therefor borne by the National Treasury, the provision of Art.51 par.7 shall apply mutatis mutandis.

CHAPTER V Historic Sites, Places of Scenic Beauty and Natural Monuments

(Designation)

Article 69.　Designation of historic sites, places of scenic beauty, and natural monuments shall be made by the Commission.

2　Of the aforesaid historic sites, places of scenic beauty and natural monuments, those which are particularly important shall be designated by the Commission as special historic sites, places of scenic beauty, or natural monuments.

3　When designation has been made under the preceding two paragraphs, the Commission shall make announcement thereof in the Official Gazette and give notice of the same to the owner and/or occupant by right of the property.

(Provisional Designation)

Article 70.　Prior to the designation under the provision of par.1 of the preceding Article, if the prefectural (To, Do, Fu or prefecture) board of education deems it urgently necessary, the same board may make provisional designation of a historic site, place of scenic beauty or natural monument.

2　When the prefectural board of education has made provisional designation under the provisions of the preceding paragraph, it shall submit a report thereon to the Commission as soon as may be.

3　Where provisional designation has been made under the provision of par.1 of this Article, the provision of par.3 of the preceding Article shall apply mutatis mutandis.

(Revocation of Designation)

Article 71.　The Commission or the prefectural board of education may revoke the designation or provisional designation of historic site, place of scenic beauty or natural monument, or a special historic site, place of scenic beauty or natural monument, when any such property has lost its value or when there is any other special reason.

2　When the (formal) designation referred to in Art.69 par.1 has been made of such a historic site, place of scenic beauty, or natural monument as was provisionally designated under the provisions of the preceding Article, the said provisional designation shall become void.

3　The Commission may revoke any provisional designation made under the provisions of the preceding Article if it deems the designation to be inappropriate.

4　In case any (formal) designation or provisional designation is to be revoked under the provision of par.1 or the preceding paragraph of this Article, the provision of Art.69 par.3 shall apply mutatis mutandis.

(Care)

Article 72.　The Commission may designate suitable local public entities or other bodies to undertake the care ( "care" including restoration;hereinafter the same in pars.2 to 4 inclusive of this Article and in Arts.73 and 74) of historic sites, places of scenic beauty, and naturai monuments.

2　The owners or occupants of historic sites, places of scenic beauty, or natural monuments designated as such (including those provisionally designated as such;hereinafter the same) shall not reject, prevent or evade the care or measures of care taken under the preceding paragraph, unless there is sufficient reason.

3　The expenses required for the care under taken under the provision of par.1 shall be paid by the local public entities or other bodies concerned, unless otherwise provided for by this Law.

4　The local public entities or other bodies referred to in par.1 are authorized to collect admission fees in respect to the historic sites, places of scenic beauty, and natural monuments.

5　The Government may subsidize a portion of the expenses mentioned in par.3.

6　The provisions of Art.35 pars.2 and 3 shall apply mutatis mutandis to the case under the preceding paragraph.

Article 73.　As to the person or persons who hvae suffered damages owing to the care taken of the historic sites, places of scenic beauty, or natural monuments by the local public entities or other bodies in accordance with the provision of the preceding Article, the said entities or bodies concerned shall indemnify them for the ordinary damage incidental to such care.

2　The provision of Art.41 par.2 shall apply mutatis mutandis to the case under the preceding paragraph.

Article 74.　The owner of a historic site, place of scenic beauty, or natural monument shall conduct the care thereof, except in the cases provided for in Art.72.

2　The owner who conducts the care of a historic site, place of scenic beauty, or natural monument under the provision of the precceding paragraph may, if there be some special reason, appoint as suitable person to be responsible on his behalf for the conduct of the care of the historic site, place of scenic beauty, or natural monument (hereinafter referred to as the custodian).

3　The provisions of Art.35 shall apply mutatis mutandis to the owner referred to in par.1 of this Article;while the provision of Art.31 par.3 shall apply to the custodian appointed under the preceding paragraph.

Article 75.　The provisions of Art.30, Art.31 par.1 and Art.33 shall apply mutatis mutandis to (1) the local public entities or other bodies designated under Art.72 par.1, (2) the owners mentioned in par.1 of the preceding Article, and (3) the custodians appointed under par.2 of the same Article (all three hereinafter referred to by the general name of "kanrisha" );and the provisions of Art.32 shall apply mutatis mutandis to the owners mentioned in par.1 of the preceding Article and the custodians appointed under par.2 of the same Article.

(Order or Advice on Care)

Article 76.　The Commission may give the "kanrisha" necessary order or advice on improvement of the method of care, arrangement for preservation, and other measures, if there is a fear that a historic site, place of scenic beauty, or natural monument may be destroyed or damaged or may fall into decay on account of inadequate care.

2　The provisions of Art.36 pars.2 and 3 shall apply mutatis mutandis to the case mentioned in the preceding paragraph.

(Order or Advice on Restoration of Original Conditions)

Article 77.　If the Commission deems it necessary for the preservation of special historic sites, places of scenic beauty, or natural monuments which are damaged or decayed, it is authorized to give the "kanrisha" necessary order or advice for the restoration of their original conditions.

2　If the Commission deems it necessary for the preservation of those historic sites, places of scenic beauty, or natural monuments, other than special historic sites, place of scenic beauty, or natural monuments, which are damaged or decayed, it is authorized to give the "kanrisha" necessary advice for the restoration of their original conditions.

3　In the cases mentioned in the preceding two paragraphs, Art.37 pars.3 and 4 shall apply mutatis mutandis.

(Execution of the Restoration of Original Conditions, etc. by the Government)

Article 78.　The Commission may itself restore special historic sites, places of scenic beauty, or natural mounments to their original conditions or take preventive measures against their destruction, damage or decay in either of the following cases:

(1)　When the "kanrisha" fail to comply with the order given under the provisions of the preceding two Articles;

(2)　Where special historic sites, places of scenic beauty, or natural monuments are damaged or decayed, or their destruction, damage or decay is feared, and where it is deemed inappropriate to make the "kanrisha" undertake the measures of restoration or of prevention against destruction, damage or decay.

2　In the cases mentioned in the preceding paragraph, the provisions of Art.38 par.2 and Arts.39 to.41 inclusive shall apply mutaits mutandis.

(Payment in case of Assignment of Historic Sites, Places of Scenic Beauty or Natural Monument to which Subsidy has been granted, etc.)

Article 79.　With respect to historic sites, places of scenic beauty, or natural monuments to which subsidy concerning restoration or preventive measures against destruction, damage or deday has been granted by the State in accordance with the provision of Art.35 par.1, as applied mutatis mutandis in Art.74 par.3 or to which expenses has been defrayed in accordance with Art.36 par.2, which applies mutatis mutandis in Art.76. par.2, in accordance with Art.37 par.3, which applies mutais mutandis in Art.77 par.3, or in accordance with. Art.40 par.1, which applies mutatis mutandis in Art.78 par.2, the provisions of Art.42 shall apply mutatis mutandis.

(Restriction on Alteration, etc. of Existing Conditions)

Article 80.　In case any person is to execute an act altering the existing condition or affecting the maintenance of a historic site, place of scenic beauty or natural monument he must obtain the authorization of the Commission for such act;provided that this shall not apply when he takes protective measures therefor.

2　The provision of Art.43 par.2 shall apply to the authorization provided for in the preceding paragraph, and the provision of par.3 of the said Article shall apply to the person who has obtained the authorization prescribed in the same preceding paragraph.

(Integrity of surroundings)

Article 81.　The Commission is authorized to restrict or prohibit specified kinds of act in a prescribed area or to order the provision of necessary facilities in such area, if this is deemed necessary for the preservation of a historic site, place of scenic beauty, or natural monument.

2　The Government shall indemnify the person or persons affected for the ordinary damage incidental to the dispositions mentioned in the preceding paragraph.

3　The provision of Art 41 par.2 shall apply mutatis mutandis to the case mentioned in the preceding paragraph.

(Survey for the Purpose of Preservation)

Article 82.　The Commission is authorized, when it deems it necessary, to require the "kanrisha" to file reports on the present conditions of historic sites, places of scenic beauty, and natural monuments, or the conditions of their care and restoration or of preservation of the integrity of their surroundings.

Article 83.　When the Committee is unable to be certain about the, conditions of historic sites, places of scenic beauty, or natural monuments, notwithstanding the reports filed mentioned in the preceding Article, and when the Commission is satisfied that there is no alternative may of confirmation, it may, in any of the cases listed below, fix a person or persons who are to conduct investigation and order them to enter the lands where the historic sites, places of scenic beauty, or natural monuments to be investigated are located or the areas adjoining such lands, and to carry out surveys or excavations or to remove obstables or to take other measures necessary for the purpose, of investigation;provided that the Commission shall not make the said persons take such stops as may cause considerable damage to the owners and occupants of such lands or other interested parties:

(1)　When application has been presented for approval of an alteration of the present conditions or of actions affecting preservation of historic sites, places of scenic beauty, or natural monuments;

(2)　When historic sites, places of scenic beauty or natural monuments are damaged or in decay;

(3)　When there is a fear of less, damage or decay of historic sites, places of scenic beauty, or natural monuments;

(4)　When re-investigation of the value of special historic sites, places of scenic beauty, and natural monuments or historic sites, places of scenic beauty, and natural monuments as such is necessary because of special circumstances.

2　The Government shall indemnify the persons affected for the ordinary damage incidental to surveys or measures conducted or taken under the preceding paragraph.

3　In the case of survey conducted by entering the lands in accordance with par.1 of this Article, the provision of Art.54 par.2 shall apply mutatis mutandis;and in the case under the preceding paragraph, the provision of Art.41 par.2 shall apply mutatis mutandis.

(Notification of Discovery of Old Tombs, Historic Grounds, or other Remains)

Article 84.　Where the owners or occupants of lands discover that may be recognized as old tombs, historic grounds, or other remains, they shall not alter the existing condition of such remains, and shall notify the Commission in writing, with descriptions on the matters prescribed by the Regulations of the Commission, within 10 days from the date of discovery.

CHAPTER VI Additional Provisions

(Public Hearings)

Article 85.　The Commission must hold a public hearing by requiring the attendance of the parties concerned or their representatives, in case any of the following dispositions or measures, is to be made or taken:

(1)　Execution of repairs or restoration or measures to be taken under the provisions of Art.38 par.1 or Art.78 par.1;

(2)　Cancellation of permission under the provisions of Art.43 par.3 (including the cases where the same paragraph applies mutatis mutandis in Art.80 par.2) or under the provision of Art.53 par.3;

(3)　Restriction, prohibition or order issued to particular persons under the provisions of Art.45 or Art.81;

(4)　Order for discontinuance of the public exhibition under the provision of Art.51 par.5 (including the cases where the same paragraph applies mutatis mutandis in par.7 of the same Article and Art.68 pars.2 and 3);

(5)　Investigation by entry into lands (where cultural properties are located) or execution of measures necessary for investigation, under the provisioned of Art.55 par.1 or Art.83 par.1;

(6)　Order for prohibition or discontinuance of unearthing under the provision of Art.57 par.2;

(7)　Execution of unearthing under the provision of Art.58 par.1.

2　When the Commission is to hold a public hearing under the preceding paragraph, is shall notify the parties of the reasons for the disposition or measure under relevant items of the same paragraph, the substance of the disposition or measure, and the date and place of the hearing, at least 10 days in advance;while making at the same time a public announcement of the said date and place.

3　At a public hearing, the parties or their representatives may express opinions or give explanations and produce evidences on behalf of themselves or of their principals.

4　When the parties or their representatives fail to attend a public hearing without proper reason, the Commission may effect any disposition or measure mentioned in par.1, without holding any public hearing.

(Exceptions respection the State)

Article 86.　In case the State acquires a property designated as an important cultural property or as a historic site, place of scenic beauty, or natural monument, or in case the Commission designates any of the State properties (excluding therefrom public welfare property) under the State Property Law (Law No.73 of 1948) as an important cultural property or as a historic site, place of scenic beauty, or natural monument, no resolution of the Diet shall be required therefor, notwithstanding the provisions of Art.13 of the same Law. This provision shall also apply to the revocation of designation.

Article 87.　In case the property designated as an important cultural property or as a historic site, place of scenic beauty, or natural monument is a State property under the State Property Law, such property shall came under the control of the Minister of Education:provided that if the said property is an administrative property under Art.3 par.2 of the same Law, or a forest or a field under the National Forests Law (Law No.85 of 1899), the organ for the control of such property shall be fixed by consultation among the Minister of Education, the head of the Ministry or Board concerned ( "head" meaning the head of a Ministry or a Board referred to in Art.4 par.2 of the State Property Law, hereinafter the same) and the Minister of Finance.

2　In the case of consultation under the proviso to the preceding paragraph, the Minister of Education must hear the opinion of the Commission.

Article 88.　In case a tangible cultural property belonging to the State has been designated as a national treasure or an important cultural property, the certificate of designation to be issued to the owner under Art.28 par.1 shall be issued to the head of the Ministry or Board controlling the said property. In this case, the head of the Ministry or Board who has received the certificate of designation of a national treasure must send back the certificate of designation of the important cultural property which has been designated as a national treasure to the Commission without delay.

2　When the designation of a national treasure or an important cultural property belonging to the State has been revoked, the notification to be made to the owner under Art.29 par.2 or the certificate of designation to be issued to the owner under par.4 of the same Article, shall be made or issued to the head of the Ministry or Board controlling the said national treasure or important cultural property. In this case, the said head of the Ministry or Board must send back the certificate of designation to the Commission without delay.

3　In case a property owned or possessed occupied by the State is designated as a special historic site, place of scenic beauty, or natural monument or as a historic site, place of scenic beauty, or natural monument or in case the designation has been revoked, the notification to be made to the owner or the possesser occupant under Art.69 par.3 (including the cases where the same paragraph applies mutatis mutandis in Art.70 par.3 and Art.71 par.4) shall be made to the head of the Ministry or Board controlling the property, of which the designation has been made or revoked.

Article 89.　The head of the Ministry or Board controlling properties which have been designated as important cultural properties or as historic sites, places of scenic beauty, or natural monuments must control such important cultural properties or such historic sites, places, of scenic beauty, or natural monument in accordance with this Law, and the Regulation of the Commission and the advice of the Commission issued or given thereunder.

Article 90.　The head of the Ministry or Board concerned shall notify the Commission through the Minister of Education in any of the following cases:

(1)　When a property designated as an important cultural property or as a historic site, place of scenic beauty, or natural monument has heen acquired;

(2)　When there has been a change of jurisdiction or of administrative control respecting an important cultural property or a historic site, place of scenic beauty, or natural monument;

(3)　When an important cultural property or a historic site, place of scenic beauty, or natural monument under control of the Ministry or Board has been destroyed, damaged or ruined;

(4)　When the location of an important cultural property under control of either has been changed;

(5)　In case what may be recognized as an old tomb, a historic ground, or other remains have been discovered in lands under control of either.

2　In case notifications are to be filed under the respective items of the preceding paragraph, the following provisions shall apply;the provisions of Art.32 par.1 and Art.75 (to which the same paragraph applies mutatis mutandis), when notifications are to be filed under items (1) and (2);the provisions of Art.33 and Art.75 (to which the same paragraph applies mutatis mutandis), when notifications are to be filed under item (3);the provisions of Art.34, when notifications are to be filed under item (4);the provisions of Art.84, when notifications are to be filed under item (5);

Article 91.　The head of the Ministry or Board concerned must request previous consent of the Commission through the Minister of Education, in any of the following cases:

(1)　When the existing condition of an important cultural property or a historic site, place of scenic beauty, or natural monument is to be altered or when an act affecting the preservation of any such property is to be carried out (excepting measures for maintenance);

(2)　When an important cultural property under control of the Ministry or Board is to be exported;

(3)　When a property under control of either, designated as an important cultural property or as a historic site, place of scenic beauty, or natural monument, is to be loaned, exchanged, sold, transberred, etc.

2　In giving consent respecting matter coming under the item (1) of the preceding paragraph, the Commission may give necessary advice thereon as a condition of consent.

3　The head of the Ministry or Board concerned must duly respect the advice of the Commission given under the preceding paragraph.

Article 92.　The Commission may, when it deems it necessary, give advice to the head of the Ministry or Board concerned through the Minister of Education, respecting any of the following matters:

(1)　Method of control relating to important cultural properties or historic sites, places of scenic beauty, or natural monuments under control of the Ministry or Board;

(2)　Repair or restoration of designated important cultural properties or historic sites, places of scenic beauty, or natural monuments under control of either or measures for the prevention of their destruction, damage, or decay;

(3)　Arrangements necessary for the preservation of the integrity of surroundings of important cultural properties or historic sites, places of scenic beauty, or natural monuments under control of either;

(4)　Exhibition or opening to the public of important cultural properties under control of either.

2　In the cases of advice under the preceding paragraph, the provisions of par.3 of preceding Article shall apply mutatis mutandis.

3　With respect to the repair, restoration, or measures mentioned in par.1 item (2) to be undertaken on advice of the Commission given under par.1 or with respect to sharing of the expenses for the arrangements mentioned in item (3), to be undertaken on similar advice, the Minister of Education and the head of the Ministry or Board concerned shall decide by consultation between themselves.

4　The provisions of Art.87 par.2 shall apply mutatis mutandis to the consultation prescribed by the preceding paragraph.

Article 93.　The Commission may itself conduct repair or restoration, or take preventive measures against destruction, damage or decay, in any of the cases listed below, respecting a State property designated as a national treasure or as a historic site, place of scenic beauty, or natural monument. If, however, the cultural property in question is under the control of the head of a Ministry or Board other than the Ministry of Education, the Commission must previously consult, through the Minister of Education, the head of the Ministry or Board concerned respecting the contents of repair, restoration or measures, date of the commencement of work, and other necessary matters;and if the property is under the control of the Minister of Education, the Commission must secure his approval, except as otherwise regulated by him:

(1)　When the head of the Ministry or Board concerned fails to comply with the advice of the Commission given in accordance with par.1 item (2) of the preceding Article;or

(2)　When it is not deemed appropriate to have the measures of repair or restoration, etc. undertaken by the head of the Ministry or Board concerned, in cases where a national treasure, or a special historic site, place of scenic beauty, or natural monument is damaged or decayed, or where there is a fear that any such cultural property may be destroyed or damaged or fall into decay.

Article 94.　In case the Commission deems it necessary for the purpose of designation of State property as a national treasure or as a special historic site, place of scenic beauty, or natural monument or as a historic site, place of scenic beauty, or natural monument, or in case the Commission deems it necessary for the purpose of confirmation of the conditions of any such property, then the Commission is authorized to require from the head of the Ministry or Board concerned a report necessary for the purpose of investigation or to appoint itself an investigator or investigators for the conduct of the necessary survey on the spot.

Article 95.　When a historic site, place of scenic beauty, or natural monument, which belongs to the State, is placed under the care of a Local Public Entity or another body in accordance with the provisions of Art.72, the Commission may make the revenue from any such property revert to the said Local Public Entity or the body.

Article 96.　In case the Commission is to execute itself the unearthing of a buried cultural property in accordance with the provision of Art.58 par.1 and in case the land where the said property is to be unearthed is owned by the State or possessed/occupied by an agency of the State, the Commission must previously consult, through the Minister of Education, the head of the Ministry or Board concerned with respect to the purpose, method and date of the unearthing;provided, that if the head of the Ministry or Board is the Minister of Education, his approval must be secured.

Article 97.　The Commission shall have control of the buried cultural property which has reverted to the National Treasury under the provisions of Art.63;provided that if it is deemed proper to place the said property under the control of another agency for the purpose of its preservation or in view of its utility, the same property must be transferred to the control of that agency.

Article 98.　The provisions of Arts.30 to 34 inclusive, Arts.36 to 41 inclusive, Arts.43, 44, Arts.48 to 52 inclusive, Arts.54, 55, Arts.74 to 78 inclusive, Art.80 and Arts.82 to 84 inclusive shall not apply to those important cultural properties, historic sites, places of scenic beauty, and natural monuments, the ownership of which belongs to the State.

2　That part of the provision of Art.45 par.1 which relates to the order of facilities, the provisions of pars.2 and 3 of the same Article, that part of Art.81 par.1 which relates of the order of facilities, and provisions of Art.81 pars.2 and 3 shall not apply to the State.

3　If the land where a buried cultural property is to be unearthed in accordance with Art.58 par.1 is owned by the State, or possessed/occupied by an agency of the State, the provision of Art.58 par.2 and that part of par.3 of the same Article whereunder the provisions of Art.41 are applicable mutatis mutandis, shall not apply to the State.

(Delegation of Authority)

Article 99.　The Commission is authorized, as it may deem necessary, to delegate to the prefectural boards of education the following part of its authority:

(1)　Direction and supervision under Art.35 par.3 (including the cases where the said paragraph applies mutatis mutandis in Art.36 par.3, Art.37 par.4, Art.67 par.2, Art.72 par.6, Art.74 par.3, Art.76 par.2 and Art.77 par.3);

(2)　Permission for the alteration of existing conditions or for acts affecting preservation, cancellation of such permission, and order of suspension, (excepting the permission for considerable alteration of existing conditions or permission for acts seriously affecting preservation and cancellation of such permission) under Art.43 (including the cases where the said Article applies mutatis mutandis in Art.80 par.2);

(3)　Suspension of a public exhibition (opening to the public) under the provision of Art.51 par.5 (including the cases where the said paragraph applies mutatis mutandis in Art.51 par.7 and Art.68 pars.2 and 3);

(4)　Permission for a public exhibition (opening to the public), cancellation thereof, and order for suspension of the exhibition, under the provisions of Art.53;

(5)　Execution of investigation or of measures necessary for investigation under the provisions of Art.54, Art.55, Art.82 or Art.83;

(6)　Order for the suspension of unearthing under Art.57 par.2.

2　When a prefectural board of education, by virtue of the authority delegated to it under the provision of the preceding paragraph, cancels the permission under item (2) or (4) of the same paragraph, or when investigation is conducted by entry of officials under item (5) or when measures necessary for such investigation are executed under the same item, the provision of Art.85 shall apply mutatis mutandis.

(Delegation of Control over Important Cultural Properties exhibited)

Article 100.　The Commission is authorized, when it may deems it necessary to delegate to a prefectural board of education, or to a municipal board of education of any of the cities provided for in Art.155 par.2 of the Local Autonomy Law (Law No.67 of 1947) the control over the important cultural properties exhibited under the provisions of Art.48.

2　A prefectural board of education or a municipal board of education provided for in the preceding paragraph, to which the delegation referred to in the preceding paragraph has been made, shall appoint from among its personnel a person or persons who are to undertake the care over the important cultural properties in question.

(Trust of Execution of Repairs, etc.)

Article 101.　The Commission is authorized, when it deems it necessary to trust a prefectural board of education with the execution of the whole or any part of measures relative to repairs of national treasures or prevention of their loss or damage provided for in Art.38 par.1 or in Art.93, unearthing of buried cultural properties, provided for in Art.58 par.1, and restoration of special historic sites, places of scenic beauty, or natural monuments, or prevention of their loss or damage or decay provided for in the Art.78 par.1 or in Art.93.

2　In case a prefectural board of education acts by virtue of the trust provided for in the preceding paragraph, the following provisions shall apply mutatis mutandis;the provisions of Art.39, when the whole or any part of the repairs or measures mentioned in Art.38 par.1 is to be executed;the provisions of Art.39 which applies mutatis mutandis under Art.58 par.3, when the whole or any part of the unearthing mentioned in Art.58 par.1 is to be executed;the provisions of Art.39 which applies mutatis mutandis under Art.78 par.2, when the whole or any part of the restoration or measures mentioned in Art.78 par.1 is to be executed.

(Undertaking, etc. of Trust of Care or Repairs)

Article 102.　Upon the request of the owner, or of the custodian referred to in Art.31, a prefectural board of education may, with previous approval of the Commission, undertake the trust of care or repairs of an important cultural property or give technical guidance thereon.

2　In case a prefectural board of education undertakes the trust of care or repairs under the preceding paragraph, the provisions of Art.39 shall apply mutatis mutandis.

(Channel for Presentation of Papers, etc.)

Article 103.　Reports, documents, and objects pertaining to cultural properties, to be presented to the Commission under this Law, shall go through the prefectural boards of education.

2　The prefectural boards of education, upon receiving the papers and objects mentioned in the preceding paragraph, shall forward them to the Commission, stating their opinions thereon.

3　The Commission's orders, advices, directions and other announcements concerning the disposition of cultural properties under provisions of this Law shall go through the prefectural boards of education;provided that this shall not apply in cases of urgency.

(Direction and Supervision and Expenses)

Article 104.　The Commission may direct and supervise the prefectural boards of education or the municipal boards of education provided for in Art.100 par.1 with reference to the business which the Commission makes the boards perform in accordance with the provisions of this Law.

2　The expenses which a prefectural board of education, or a municipal board of education provided for in Art.100 par.1, requires for carrying out the business mentioned in the provisions of Arts.99 to 101 inclusive shall be borne by the National Treasury.

(Subsidies of Local Public Entities)

Article 105.　The local public entities may, under the provisions of Art.231 of the Local Autonomy Law, grant subsidies in respect of the expenses required for the care, repair, restoration, and preservation of cultural properties.

2　A local public entity which has granted a subsidy under the provision of the preceding paragraph must file a report with the Commission on the amount of the subsidy, the rate, and method of subsidization and other necessary matters.

CHAPTER VII Penalties

(Criminal Penalties)

Article 106.　A person who has, in contravention of the provisions of Art.44, exported any important cultural property without permission of the Commission shall be liable to imprisonment, with or without hard labor, for a term not exceeding five years or to a fine not exceeding one hundred thousand (100,000) yen.

Article 107.　A person who has destroyed, damaged or concealed any important cultural property shall be liable to imprisonment, with or without hard labor, for a term not exceeding five years or to a fine or minor fine not exceeding twenty-five thousand (25,000) yen.

2　If the person mentioned in the preceding paragraph happens to be the owner of the important cultural property in question, he shall be liable to imprisonment, with or without hard labor, for a term not exceeding two years or to a five or minor fine not exceeding ten thousand (10,000) yen.

(Administrative Penalties)

Article 108.　If a person placed in control or in charge of the care or restoration of any important cultural property or any historic site, place of scenic beauty, or natural monument, under the provisions of Art.39 par.1 (including the cases where that paragraph applies mutatis mutandis in Art.47 par.3, Art.78 par.2, Art.101 par.2, Art.102 par.2), Art.49, or Art.100 par.2, has destroyed, damaged or brought to ruin the property under his care by negligence or by important failure in duty, he shall be liable to an non-criminal fine not exceeding twenty-five thousand (25,000) yen.

Article 109.　A person who comes under any of the following items shall be liable to a noncriminal fine not exceeding twenty-five thousand (25,000) yen:

(1)　A person who fails to obey without proper reason such orders of the Commission as may be issued under the provision of Art.36 par.1 or Art.37 par.1 pertaining to the care or repair of any important cultural property;

(2)　A person who has, in contravention of the provisions of Art.43, altered the existing state of any important cultural property without obtaining the permission of the Commission or of the prefectural board of education or without complying with the terms for the permission, or failed to obey the orders of the Commission or of the prefectural board of education for the suspension of the alteration of the existing state;

(3)　A person who fails to obey without proper reason such orders of the Commission as may be issued under the provisions of Art.76 par.1 or Art.77 par.1 pertaining to the care of repair of a historic site, place of scenic beauty, or natural monument;

(4)　A person who has committed acts altering the existing condition of a historic site, place of scenic beauty or natural monument or affecting the preservation of any of them without permission or without obeying terms of the permission granted by the Commission or the perfectural board of education, or who has failed to obey orders of the same to discontinue the acts altering the existing condition or affecting the preservation, in violation of the provisions of Art.80.

Article 110.　A person who comes under any of the following items shall be liable to a noncriminal fine not exceeding ten thousand (10,000) yen:

(1)　A person who has refused or interfered with the execution of such measures for repair or prevention of loss or damage of a national treasure as are taken under Art.38 par.1;

(2)　A person who, without proper reason, has violated the order for restriction, prohibition or arrangement provided for in Art.45 par.1;

(3)　A person who, in contravention of the provisions of Art.46, has falled to make the Commission an offer of sale to the State, or has transferred the important cultural property in question to any other party than the State after the making of the offer but within the period prescribed in par.3 of the same Article, or has given false facts in making the offer of the sale prescribed in par.1 of the same Article or in making the application for recognition referred to in the proviso to the same paragraph;

(4)　A person who, in violation of the provisions of Art.53, has exhibited any important cultural property to the public without obtaining permission of the Commission or the perfectural board of education or without observing the terms under which the permission was given, or who has failed to comply with the order of the Commission or the prefectural board of education for suspension of the exhibition;

(5)　A person who has refused or interfered with the execution of measures for restoration or for prevention of loss, damage of ruin of a special historic site, place of scenic beauty, or natural monument prescribed in Art.78;

(6)　A person who, without proper reason, has infringed the order for restriction, prohibition or arrangement provided for in Art.81 par.1.

Article 111.　A person who comes under any of the following items shall be liable to a noncriminal fine not exceeding five thousand yen:

(1)　A person who has failed to return to the Commission the certificate of designation of an important cultural property or failed to hand over such certificate to the new owner, in violation of the provisions of Art.28 par.3, Art.29 par.3, or Art.56 par.2;

(2)　A person who has failed to present a report or has presented a false report in violation of the provision of Art.31 par.3 (including the cases where the same paragraph applies mutatis mutandis in Art.74 par.3 the provisions of Arts.32 and 33 including the cases where the same Articles apply mutatis mutandis in Art.75), or the provisions of Art.34, Art.57 par.1 or Art.84;

(3)　A person who has failed to exhibit a cultural property or to open it to the public in contravention of Art.48 pars.2 to 4 inclusive, Art.51 pars.2 and 3, or Art.68 pars.1 and 2, or who has refused to abey the order of the Commission or the prefectural board of education for suspension or discontinuance of the public exhibition in violation of the provision of Art.51 par.5 (including the cases where the same paragraph applies mutatis mutandis in Art.51 par.7 and Art.68 pars.2 and 3);

(4)　A person who, in contravention of the provisions of Art.54, 55, 82, or 83, has failed to present a report or has presented a false report or has refused, prevented or evaded the entry of officials in charge of investigation or their execution of necessary measures;

(5)　A person who, in violation of the provision of Art.57 par.2, has failed to obey the order for prohibition, suspension, or discontinuance issued by the Commission or the prefectural board of education with respect to the unearthing of buried cultural properties;

(6)　A person who has refused or prevented the execution of unearthing of buried cultural properties provided for in Art.58;

(7)　A person who, without proper reason, has rejected the care (including restoration) over a cultural property or measures necessary for care undertaken in accordance with the provision of Art.72 par.1.

(Penalty for Agent and Principal)

Article 112.　In case where any representative of a juridical person, or proxy, employee or other workers of a juridical person or of a natural person commits the violation under the provision of Article 106, Article 107 or Article 109 to the preceding Article inclusive for the business or for the custody of the property of the juridical person or the natural person, not only the offender shall be punished, but the juridical person or the natural person concerned shall be liable to a fine or noncriminal fine under each Article;provided that this shall not apply to the juridical person or the natural person if it is proved that due reca and supervision have been exercised over the business or the custody of the property in order to prevent the aforesaid violation committed by his proxy, employe or other workers.

Supplementary Provisions:

(Date of Enforcement)

Article 113.　The date of the enforcement of this Law shall be provided for by Cabinet Order within a period not exceeding three months from the day of its promulgation.

(Abolition of Laws and Orders)

Article 114.　The following Laws, Imperial Ordinances and Cabinet Orders are hereby abolished:

National Treasures Preservation Law (Law No.17 of 1929);

Law concerning Preservation of Important Objects of Art etc.(Law No.43 of 1933);

Law for Preservation of Historic Sites, Places of Scenic Beauty and Natural Monuments (Law No.44 of 1919);

Ordinance for Enforcement of the National Treasures Preservation Law (Imperial Ordinance No.210 of 1929);

Ordinance for Enforcement of the Law for Preservation of Historic Sites, Places of Scenic Beauty and Natural Monuments (Imperial Ordinance No.499 of 1919);

Regulations governing the Organization of the National Treasures Preservation Society (Imperial Ordinance No.211 of 1929);

Order for the Important Art Objects Research Council (Cabinet Order No.251 of 1949);

Order for the Research Council on Historic Sites, Places of Scenic Beauty and Natural Monuments (Cabinet Order No.252 of 1949).

(Transitional Provisions Consequential upon Abolition of Laws and Orders)

Article 115.　The designation of national treasures made prior to the enforcement of this Law under the provision of Art.1 of the National Treasures Preservation Law (except where the cancellation thereof has been made pursuant to Art.11 par.1, of the same Law) shall be deemed to be the designation of important cultural properties under Art.27 par.1 of this Law, and the permission given pursuant to Arts.3 and 4 of that Law shall be deemed to be the permission under Art.43 or Art.44 of this Law.

2　With respect to the loss or damage occurring prior to the enforcement of this Law, orders given in accordance with Art.7 par.1 of the National Treasures Preservation Law, prior to the enforcement of this Law, and subsidies granted in accordance with the former part of Art.15 of the same Law, prior to the enforcement of this Law, the provisions of Arts.7 to 10 inclusive, the latter part of Art.15, and Art.24 of that Law shall continue in force. In this case, "The competent Ministers" in Art.9 par.2 of that same Law, shall read "The Cultural Properties Protection Commission."

3　With regard to the punishment of acts committed prior to the enforcement of this Law, the provisions of the National Treasures Preservation Law, excepting Arts.6 and 23, shall continue in force.

4　A person who may be the owner, at the time of the enforcement of this Law, of a national treasure as defined in Art.1 of the National Treasures Preservation Law, shall file with the Commission a report giving particulars prescribed by the Regulations of the Commission, within three months from the enforcement of this Law.

5　Upon filing of the report mentioned in the preceding paragraph, the Commission shall issue a certificate of designation prescribed in Art.28 of this Law.

6　A person who, in contravention of the provision of par.4, has failed to file a report or has filed a false report shall be liable to an non-criminal fine not exceeding five-thousand (5,000) yen.

7　The provisions of Art.112 shall apply mutatis mutandis to the case under the preceding paragraph.

8　The head of the Ministry or Board having control, at the time of the enforcement of this Law, over a national treasures as defined in Art.1 of the National Treasures Preservation Law shall, within three months from the time of the enforcement of this Law, notify the Commission in writing, giving particulars prescribed by the Regulation of the Commission;provided that this shall not apply if otherwise provided by the same Regulations.

9　Upon notification as provided for in the preceding paragraph, the Commission shall issue to the head of the Ministry or Board concerned a certificate of designation prescribed in Art.28 of this Law.

Article 116.　With respect to the objects designated under Art.2 par.1 of the Law concerning Preservation of the Important Objects of Art, etc. up to the time of the enforcement of this Law, that same Law shall continue in force for the time being. In this case, the business concerning the enforcement of that Law shall be conducted by the Commission, and "The national treasures" occurring therein shall read "The important cultural properties under the Cultural Properties Protection Law" , "The competent Minister" reading "The Cultural Properties Protection Commission" and "designate as national treasures in accordance with Art.1 of the National Treasures Preservation Law" reading "designate as important cultural properties according to Art.27 par.1 of the Cultural Properties Protection Law."

2　The Preservation Division of the Secretariat of the Commission shall for the time being take charge of the business regarding enforcement of the Law concerning Preservation of Important Objects of Art, etc., in addition to the business prescribed in Art.18 of this Law.

3　Where the Commission consults the Cultural Properties Special Council, the latter shall continue for the time being to undertake investigation and deliberation respecting the permission of external and internal exportation under Art.1 of the Law concerning Preservation of the Important Objects of Art, etc., and matters concerning the cancellation of recognition in accordance with Art.2 of the same Law, and other important matters concerning the preservation of important objects of art, etc., and shall submit to the Commission such proposals as may be deemed necessary with reference to these matters.

4　Respecting the enforcement of the Law for Preservation of Important Objects of Art, etc., the provisions of Art.103 of the present Law shall for the time being apply mutatis mutandis.

Article 117.　The designation of historic sites, places of scenic beauty, or natural monuments made, prior to the enforcement of this Law, in accordance with the provision of Art.1 par.1 of the Law for Preservation of Historic Sites, Places of Scenic Beauty and Natural Monuments (excepting the cases of its cancellation) shall be regarded as the designation made according to the provision of Art.69 par.1 of this Law;the provisional designation (excepting the cases of its cancellation) made according to the provision of Art.1 par.2 of the said Law shall be regarded as the provisional designation made according to the provision of Art.70 par.1 of this Law, and the permission given according to the provision of Art.3 of the said Law shall be regarded as the permission given according to the provision of Art.80 par.1 of this Law.

2　In respect of orders issued or dispositions made, prior to the enforcement of this Law, in accordance with the provision of Art.4 par.1 of the Law for Preservation of Historic Sites, Places of Scenic Beauty and Natural Monuments, the provisions of Art.4 of that Law and Art.4 of the Ordiance for Enforcement of that same Law shall continue in force. In this case, "The Minister of Education" occurring in Art.4 of the said Ordinance, shall read "The Cultural Properties Protection Commission" .

3　As to the punishment of acts committed prior to the enforcement of this Law, the Law for Preservation of Historic Sites, Places of Scenic Beauty and Natural Monuments shall continue in force.

(Appointment of First Members of the Commission)

Article 118.　With regard to the appointment of the first members of the Commission, ex post facto approval of both Houses at a subsequent session of the Diet shall suffice, notwithstanding the provision of Art.9 par.1, when and only when the Diet stands progrogued or when the House of Representatives stands dissolved.

2　The Minister of Education shall remove any member, for whom ex post facto approval of both Houses referred to in the preceding paragraph cannot be obtained.

(Convocation of First Meeting of the Commission)

Article 119.　The first meeting of the Commission under this Law shall be called by the Minister of Education, notwithstanding the provision of Art.14.

(Term of Office of the First Members)

Article 120.　Of the first members appointed under this Law other than the chairman and the member who is to act as his deputy, the term of office of one member shall be 1 year and that of two members 2 years, notwithstanding the provision of Art.10 par.1.

2　The term of office of the members, to whom the provision of the preceding paragraph applies, shall be decided by lot.

(Partial Amendment to the National Government Organization Law)

Article 121.　The National Government Organization Law shall be partially amended as follows:

In Annexed Table No.1,

Ministry of Education

shall be amended as follows:

Ministry of Education

Cultural Properties Protection Commission

(Partial Amendments to the Ministry of Education Establishment Law)

Article 122.　The Ministry of Education Establishment Law (Law No.146 of 1949) shall be partially amended as follows:

In the Contents, "Chapter III Personnel (Arts.25 and 26)" shall be amended as

"Chapter III External Organ(Arts.25 and 26),

Chapter IV Personnel(Arts.27 and 28)

In Art.2 par.1 item (1), "national treasures, important art objects, historic sites, places of scenic beauty, and natural monument and other cultural properties" shall be amended as "such cultural properties as are provided for by the Cultural Properties Protection Law (Law No.214 of 1950)" .

In par.3 of the same Article, "publications" shall be amended as "such cultural properties as are provided for by the Cultural Properties Protection Law, publications" .

Art.10 item (9) shall be amended as follows:

(9)　Deleted.

In Art.13, "National Museum" shall be deleted.

In Art.14 par.1, "National Museum" shall be deleted.

Art.17 shall be amended as follows:

Article 17.　Deleted.

In the table in Art.24, items of the National Treasures Preservation Council, the Important Art Objects Research Council and the Research Council on Historic Sites, Places of Scenic Beauty and Natural Monuments shall be deleted.

Chapter III shall be made Chapter IV, Art.25 shall be made Art.27, Art.26 shall be made Art.28, and the following one Chapter added next to Chapter II:

CHAPTER III External Organ

(Establishment of External Organ)

Article 25.　The external organ as established under the Ministry of Education under the provision of Art.3 par.2 of the National Government Organization Law shall be as follows:

Cultural Properties Protection Commission

(Cultural Properties Protection Commission)

Article 26.　The organization, functions and powers of the Cultural Properties Protection Commission shall be provided for by the Cultural Properties Protection Law.

(Partial Amendments to the Law for Fixed Number of Personnel in Administrative Organs)

Article 123.　The Law for Fixed Number of Personnel in Administrative Organs (Law No.126 of 1949) shall be partially amended as follows:

In Art.2 par.1,

Ministry of Education

Ministry Proper

63,986

Among the above number 61,847 are personnel of National Schools.

shall be amended as follows:

Ministry of Education	Ministry Proper	63,611	Of the above number 61,847 are personnel of National Schools.
	Cultural Properties Protection Commission	410
	Total	64,021

(Existing National Museum)

Article 124.　Except where specially provided by law (including orders issued thereunder), the existing National Museum and its personnel (excepting the Fine Arts Research Institute, hitherto attached to the said National Museum, and its personnel) shall respectively become the National Museum and its personnel as under this Law, and the said Fine Arts Research Institute and its personnel shall respectively become the Research Institute and its personnel as under this Law, without prejudice to their indentity.

2　The Research Institute under this Law if it is an institute for research and study of the same subjects as the Fine Arts Rasearch Institute attached to the existing National Museum, may use the name of the "Fine Arts Research Institute" .

(Partially Amendments to the Law concerning Compensation for the National Public Service Personnel in Special Government Service)

Article 125.　The Law concerning Compensation for the National Public Service Personnel in the Special Government Service (Law No.252 of 1949) shall be partially amended as follows:

The following one item shall be added next to Art.1 item (14)-2:

(14)-3　The Chairman and members of the Cultural Properties Protection Commission

In the Annexed Table, "Chairman of the National Election Administration Commission" shall be amended as"

Chairman of the National Election Administration Commission,

Chairman of the Cultural Properties Protection Commission,

"and" Commissioner of the National Offenders Prevention and Rehabilitation Commission "as"

Commission of the National Offenders Prevention and Rehabilitation Commission,

Members of the Cultural Properties Protection Commission

(Partial Amendments to the Lost Property Law)

Article 126.　The Lost Property Law shall be partially amended as follows:

The provisions of Art.13 pars.2 to 4 inclusive shall be deleted.

2　The unearthed objects which have come to belong to the National Treasury prior to the enforcement of this Law shall, notwithstanding the provision of the preceding paragraph, be as heretofore.

(Partial Amendment to the State Property Law)

Article 127.　The State Property Law shall be partially amended as follows:

In Art.3 par.2 item (2), "or other important cultural properties" shall be added next to "national treasure" .

(Partial Amendments to the Outdoor Advertisement Law)

Article 128.　The Outdoor Advertisement Law (Law No.189 of 1949) shall be partially amended as follows:

Art.4 par.1 item (3), shall be amended as follows:

(3)　The area surrounding the building designated under the provisions of Article 27 of the Cultural Properties Protection Law (Law No.214 of 1950) and lying within the limits fixed by the To, Do, Fu or prefecture concerned, and the areas designated or provisionally designated under the provisions of Art.69 or Art.70 of the same Law

Item (4) of the same paragraph shall be deleted;item (5) shall be made item (4) and its ensuing items shall be moved up by one respectively.

(Partial Amendment to the Board of Education Law)

Article 129.　The Board of Education Law (Law No.170 of 1948) shall be partially amended as follows:

Art.50 item (6) shall be amended as follows:

(6)　Matters concerning the enforcement of the Cultural Properties Protection Law (Law No.214 of 1950) and the Law concerning Preservation of the Important Objects of Art, etc.(Law No.43 of 1933)

(Partial Amendment to the Net Worth Tax Law)

Article 130.　The Net Worth Tax Law (Law No.174 of 1950) shall be partially amended as follows:

Art.9 par.1 item (4) shall be amended as follows:

(4)　Objects designated or provisionally designated as a national treasure or an important cultural property, a special historic site or a historic site, a special place of scenic beauty or a place of scenic beauty, a special natural monument or a natural monument under the provisions of the Cultural Properties Protection Law (Law No.174 of 1950) or objects recognized under the provisions of Art.2 par.1 of the Law concerning Preservation of Important Objects of Art, etc.(Law No.43 of 1933)

Prime Minister　YOSHIDA Shigeru

Attorney-General　UEDA Shunkichi

Minister for Foreign Affairs　YOSHIDA Shigeru

Minister of Finance　IKEDA Hayato

Minister of Education　AMANO Teiyu

Minister of Welfare　HAYASHI Joji

Minister of Agriculture and Forestry　MORI Kotaro

Minister of International Trade and Industry　TAKASE Sotaro

Minister of Transportation　OYA Shinzo

Minister of Postal Services　OZAWA Saeki

Minister of Telecommunications　OZAWA Saeki

Minister of Labor　SUZUKI Masabumi

Minister of Construction　MASUDA Kaneshichi

President of Economic Stabilization Board　YOSHIDA Shigeru

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