The Cultural Properties Protection Law (Law No.214 of 1950) shall be partially amended as follows:
In Article 17, item (17) shall be made item (18), and the following one item shall be added next to item (16):
(17) Popularization of the knowledge and thoroughness of understanding concerning cultural properties;
The following one item shall be added to Article 18:
(18) Commission of investigation and research concerning cultural properties;
In Article 20, "the National Museum, and the Research Institute" shall be amended as "national museums, and cultural properties research institutes." In Article 22 paragraph 1, "The National Museum" shall be amended as "A national museum" .
Article 22 paragraphs 2 and 3 shall be amended as follows:
2 The name and location of national museums shall be as follows:
Name |
Location |
The Tokyo National Museum |
Tokyo-To |
The Kyoto National Museum |
Kyoto-city |
3 A branch of the Tokyo National Museum shall be located in Nara-city.
In paragraph 4 of the same Article, "the National Museum" shall be amended as "a national museum and its branch."
In the heading as well as in paragraphs 1 and 3 of Article 23, "The Research Institute" shall be amended as "a cultural properties research institute" , and paragraph 2 of the same Article shall be amended as follows:
2 The name and location of cultural properties research institutes shall be as follows:
Name |
Location |
The Tokyo Cultural Properties Research Institute |
Tokyo-To |
The Nara Cultural Properties Research Institute |
Nara-city |
In paragraph 4 of the same Article, "the Research Institute" shall be amended as "a cultural properties research institute and its branch."
In the main text of Article 34, "has been changed" shall be amended as "is going to be changed" , and "within twenty days" shall be amended as "more than twenty days in advance of the day when the location is going to be changed" , and the proviso to the same Article shall be amended as follows:
;provided that in the case provided for by the Regulations of the Commission, the report may not be needed or attachment of the designation certificate at the report may not be needed or the report after the change in the location in accordance with the Regulations of the Commission may be enough.
In Article 42 paragraph 1, "excluding the sum collected under Art.40 par.2" shall be amended as "with respect to the share in the expenses under the provision of Art.40 par.1 meaning the sum minus the collected sum from the owner under Art.40 par.2;hereinafter the same in this Article" , and paragraph 5 of the same Article shall be amended as follows:
5 In case the person who reimburses is heir, legatee or donee, the amount corresponding to the sum obtained by multiplying the quotient, which is acquired by dividing the sum corresponding to the balance between the amount of estate tax under item (1) and the amount under item (2) by the number of years under item (3), by the number of years under item (4), shall be deducted from the sum to be reimbursed by him:
(1) The amount of the estate tax paid by the time when the said person assigned the important cultural property concerned;
(2) The amount corresponding to the amount of the estate tax acquired by computing as a tax price the amount obtained by deducting the sum totaling the amounts of subsidies or shares under par.1 concerning the repair, etc. conducted by the time of the inheritance, legacy or donation concerned with respect to the important cultural property concerned or part thereof, which was counted in the tax price of the amount of the estate tax under the preceding item from the said tax price concerned;
(3) The number of years (omitting the period less than a year) obtained by deducting from the number of durable years fixed by the Commission concerning the important cultural property concerned or part thereof in accordance with the provision of par.2, the number of years computing from the time of performance of repair, etc. of the important cultural property concerned or part thereof till the time of inheritance, legacy or donation;
(4) The number of remaining durable years with respect to the important cultural property concerned or part thereof under par.2.
Paragraph 6 of the same Article shall be made paragraph 7, and the following one paragraph shall be added next to paragraph 5 of the same Article:
6 With respect to the amount of subsidy or share under par.1 listed in item (2) of the preceding paragraph, the provision of par.2 shall apply mutatis mutandis. In this case, "assignment" in the same paragraph shall read "inheritance, legacy or donation" .
In Article 46 paragraph 2, "twenty days" shall be amended as "thirty days" .
In Article 75, "the same Article." shall be amended as "the same Article;the provision of Art.56 par.1 shall apply mutatis mutandis to the owners mentioned in par.1 of the preceding Article."
In Article 86 "public welfare property" shall be amended as "public welfare property under Art.3 par.2 item (2) of the same Law" .
In the main text of Article 87 paragraph 1 "such property shall come" shall be amended as "such property shall come as a public welfare property" , and the proviso to the same paragraph shall be amended as follows:
;provided that if the said property is a different administrative property under Art.3 par.2 of the same Law, or a forest or a field under the National Forests Law (Law No.246 of 1951), or in case it is specially needed for the said property to be treated as a common property under Art.3 par.3 of the State Property Law in application of other laws, the question whether the said property shall be as such under the control of 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 same Law;hereinafter the same.), or as a public welfare property under the control of the Minister of Education, shall be fixed by the consultation among the Minister of Education, the head of the Ministry or Board concerned and the Minister of Finance.
In Article 99 paragraph 1 item (2), "(including the cases where the said Article applies mutatis mutandis in Art.80 par.2)" shall be amended as "or Art.80" .
The following one paragraph shall be added to Article 103:
4 The report, the offer or the return of the designation certificate to the Commission under this Law shall be deemed to have been completed at the time when the report and other documents or the designation certificate has arrived at the To, Do, Fu or prefectural board of education through which it shall go under par.1.
The following two Articles shall be added next to Article 104:
(Presentation of Opinion to the Commission)
Article 104-(2). The To, Do, Fu or prefectural board of education may, concerning the preservation and utilization of cultural properties which exist in the area of the To, Do, Fu or prefecture concerned, present their opinion to the Commission.
(Cultural Property Specialist Commissioner of Board of Education)
Article 104-(3). The To, Do, Fu or prefectural board of education may have the Cultural Property Specialist Commissioner.
2 The Cultural Property Specialist Commissioner shall answer the inquiry of the To, Do, Fu or prefectural board of education concering the preservation and utilization of cultural properties or present his opinion concerning these matters to the To, Do, Fu or prefectural board of education and investigate and research the necessary matters therefor.
3 The necessary matters concerning the Cultural Property Specialist Commissioner shall be provided for by the by-laws of the To, Do, Fu or prefecture concerned.
4 In regard to drafting and presentation of a bill concerning the by-laws of the To, Do, Fu or prefecture under the preceding paragraph, the procedures concerning the matters as provided for in Article 61 of the Board of Education Law (Law No.170 of 1948) shall apply.
In Article 124 paragraph 2, "The Research Institute" shall be amended as "The Tokyo Cultural Properties Research Institute" .