Act No. 124 of July 7, 1948 Cannabis Control Act Chapter I General Rules
Article 1 The term "Cannabis" as used in this Act means the cannabis plant (Cannabis Sativa L.) and its products; provided, however, that the grown stalk of the cannabis plant and its products (excluding resin.) and the seed of cannabis plant and its products are excluded.
Article 2 (1) The term "Cannabis Handler" as used in this Act means a cannabis cultivator or a cannabis researcher. (2) The term "Cannabis Cultivator" means the person that receives a license from the prefectural governor and, with the purpose of extracting fiber or seeds from it, cultivates cannabis plants. (3) The term "Cannabis Researcher" as used in this Act means the person that receives a license from the prefectural governor and cultivates cannabis plant with the purpose of researching Cannabis or uses Cannabis.
Article 3 (1) A person who is not a Cannabis Handler must not possess, cultivate, receive, transfer Cannabis or make research use of it. (2) A person allowed to possess Cannabis pursuant to the provisions of this Act must not use Cannabis for purposes other than the purpose of possessing it.
Article 4 (1) It is prohibited for any person to commit the following acts: (i) importing or exporting Cannabis (excluding cases where the Cannabis Researcher receives authorization from the Minister of Health, Labour and Welfare and imports or exports Cannabis.); (ii) treatment with medicines manufactured from Cannabis or distributing it for treatment; (iii) receiving treatment with medicines manufactured from Cannabis; (iv) advertising Cannabis, except the cases where it is advertised on newspapers or magazines for persons related to pharmaceuticals, etc. (meaning persons related to pharmaceuticals or persons who are engaged in natural science research. The same applies hereinafter in this item.) with articles concerning medical affairs, pharmaceutical affairs or natural sciences and in other cases where it is advertised mainly to persons related to pharmaceuticals, etc. (2) A Cannabis Researcher who intends to receive the authorization to import or export Cannabis under the provisions of item (i) of the preceding paragraph must, pursuant to provisions of Ordinances of the Ministry of Health, Labour and Welfare, submit an application form to the Ministry of Health, Labour and Welfare via the governor of the prefecture where the facility, in which the researcher works, is.
Chapter II License
Article 5 (1) A person who intends to become a Cannabis Handler must, pursuant to Ordinances of the Ministry of Health, Labour and Welfare, receive a license from the prefectural governor. (2) A cannabis handler license is not granted to persons falling under any of the following items: (i) an addict of narcotics, Cannabis or opium; (ii) a person sentenced to imprisonment without work or other punishment more severe than that; (iii) an adult Ward, a person under curatorship or a minor.
Article 6 (1) The cannabis handler register is to be kept in the prefectures and the information concerning cannabis handler licenses registered in it. (2) The information to be registered pursuant to the provisions of the preceding paragraph is provided for by Ordinance of the Ministry of Health, Labour and Welfare.
Article 7 (1) When the prefectural governor grants a cannabis handler license, the prefectural governor is to register it in the cannabis handler register and issue a cannabis handler license. (2) The license of the preceding paragraph must not be transferred or be lent to others.
Article 8 The validity of a cannabis handler license is from the date on which the license is issued to December 31 on the year.
Article 9 Deleted.
Article 10 (1) If the Cannabis Handler intends to have the license revoked, the handler must, pursuant to Ordinances of the Ministry of Health, Labour and Welfare, submit an application to the prefectural governor. (2) If a Cannabis Handler dies or is dissolved, an heir (if the existence of an heir is unclear, the administrator of the estate; the same applies hereinafter.) or the liquidator must, pursuant to Ordinances of the Ministry of Health, Labour and Welfare, notify the prefectural governor of the same. (3) When the prefectural governor receives the application in paragraph (1) or the notification in the preceding paragraph, the prefectural governor must delete the registration from the cannabis handler register. (4) If a Cannabis Handler has the cannabis handler license revoked pursuant to the provisions of Article 18 or in other cases where the license ceases to be effective, said handler must return the cannabis handler license to the prefectural governor. (5) When there was a change in the information registered in the cannabis handler register, the Cannabis Handler must, within 15 days, notify the prefectural governor thereof. (6) If the Cannabis Handler damages or loses the license, the handler must, within 15 days, state the reason, in case of damage, attach the license and submit an application for reissuance to the prefectural governor. (7) If the Cannabis Handler, after having the license reissued pursuant to the provisions of the preceding paragraph, finds the lost license, the handler must, within 15 days, return this license to the prefectural governor.
Article 11 Deleted.
Chapter III Cannabis Handler
Article 12 Deleted.
Article 13 A Cannabis Cultivator must not transfer Cannabis to persons other than Cannabis Handlers.
Article 14 A Cannabis Cultivator must not take Cannabis out of its plantation area; provided, however, that if the handler is authorized by the prefectural governor, this does not apply.
Article 15 A Cannabis Cultivator must, every year before January 30, report the following items to the prefectural governor: (i) cultivated area of cannabis plants in the previous year; (ii) quantity of fiber extracted from cannabis plants in the previous year.
Article 16 (1) A Cannabis Researcher must not transfer Cannabis to others; provided, however, that if the researcher is authorized by the Minister of Health, Labour and Welfare and transfers it to another Cannabis Researcher, this does not apply. (2) A Cannabis Researcher that intends to obtain the authorization to transfer Cannabis under the provisions of the proviso in the preceding paragraph must, pursuant to the provisions of Ordinances of the Ministry of Health, Labour and Welfare, submit an application form to the Minister of Health, Labour and Welfare via the governor of the prefecture where the facility, in which the researcher works, is.
Article 16-2 (1) A Cannabis Researcher must keep an accounting book at the facilities where the said researcher is engaged in the study to describe the matters as listed in the following: (i) name and quantity of the Cannabis collected, received or wasted and the respective date; (ii) name and quantity of the Cannabis used for study or produced as a result of the research and the respective date. (2) A Cannabis Researcher must preserve the accounting book under the preceding paragraph for two years from the last entry date.
Article 17 A Cannabis Researcher must, every year before March 30, report the following items to the prefectural governor: (i) name and quantity of Cannabis possessed at the beginning of the previous year; (ii) cultivated area of cannabis plant in the previous year; (iii) name and quantity collected, or received in the previous year; (iv) name and quantity of the Cannabis used for research and name and quantity of Cannabis produced as a result of the research in the previous year; (v) name and quantity of Cannabis possessed at the end of the previous year.
Chapter IV Supervision
Article 18 If a Cannabis Handler commits a crime or illegal act in connection with the work of the handler, the prefectural governor may revoke the cannabis handler license.
Article 19 Deleted.
Article 20 The Minister of Health, Labour and Welfare may, pursuant to the provisions of laws and regulations, make the necessary disposition of the Cannabis once it becomes a part of the national treasury.
Article 21 (1) The Minister of Health, Labour and Welfare or the prefectural governor, if it is particularly necessary to the Cannabis control, may request for the necessary reports from Cannabis Handlers and other parties concerned, or have national narcotics agents, prefectural narcotics agents or other officials enter in the cultivation areas, warehouses, laboratories and other places related to Cannabis, inspect the situation of the operation or the accounting books, documents and other objects, or take samples of the Cannabis without compensation to the smallest quantity necessary for testing it.. (2) When the national narcotics agents or prefectural narcotics agents and other officials enter for inspection or take samples pursuant to the provisions of the preceding paragraph, they must carry their identification and show it at the request of the parties concerned. (3) The authority provided for in paragraph (1) must not be construed as being granted for criminal investigation purposes.
Chapter V Miscellaneous Rules
Article 22 A prefecture must pay the costs required for licensing and other cannabis control measures implemented by the prefectural governor based on this Act.
Article 22-2 (1) A condition may be added to a license or authorization under this Act and it may be changed. (2) The conditions in the preceding paragraph must be limited to the minimum necessary to prevent the occurrence of hygiene and health hazards due to the abuse of Cannabis and undue obligations must not be imposed upon a person who receives a license or authorization.
Article 22-3 (1) The Minister of Health, Labour and Welfare may, notwithstanding the provisions of this Act, import or receive Cannabis for crime lab investigation related to Cannabis. (2) The Minister of Health, Labour and Welfare is to deliver the Cannabis imported or received pursuant to the provisions in the preceding paragraph to the national or prefectural organizations responsible for the crime lab investigation related to Cannabis. (3) An official who works for an organization of the preceding paragraph may, pursuant to the provisions of said paragraph, use or carry the Cannabis delivered by the Minister of Health, Labour and Welfare for crime lab investigations related to Cannabis. (4) The head of an organization who receives the Cannabis delivered by the Minister of Health, Labour and Welfare pursuant to the provisions in paragraph (2) must keep an accounting book and state the name and quantity of Cannabis used in crime lab investigation related to Cannabis, the respective date and other information specified by Ordinance of the Ministry of Health, Labour and Welfare in it. (5) The Minister of Health, Labour and Welfare, if there was a request from a foreign government to the effect that it desires to import Cannabis to be used in crime lab investigation related to Cannabis, notwithstanding the provisions of this Act, the minister may export the Cannabis imported or received pursuant to the provisions in paragraph (1) or the Cannabis that has become a part of the national treasury pursuant to the provisions of the laws and regulations to said foreign government.
Article 22-4 The functions that are to be processed by prefectural government process pursuant to the provisions of Article 4, paragraph (2), Article 14, Article 16, paragraph (2), and Article 21, paragraph (1) are No. 1 statutory entrusted function as provided for in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).
Article 22-5 (1) The authority of the Minister of Health, Labour and Welfare under the provisions of this Act, pursuant to Ordinances of the Ministry of Health, Labour and Welfare, may be delegated to the chief of the Regional Bureau of Health and Welfare. (2) The authority delegated to the chief of the Regional Bureau of Health and Welfare pursuant to the preceding paragraph may be delegated, pursuant to the provisions of Ordinances of the Ministry of Health, Labour and Welfare, to the chief of the Regional Bureau of Health and Welfare or to the chief of regional narcotics control office.
Article 23 Matters necessary to enforce this Act other than those provided for this Act are provided for by Ordinance of the Ministry of Health, Labour and Welfare.
Chapter VI Penal Provisions
Article 24 (1) A person who, without due cause, cultivates Cannabis, imports it to Japan or foreign countries or exports it to Japan or foreign countries is punished by imprisonment with work for no more than seven years. (2) A person who commits the crime in the preceding paragraph for profit is punished by imprisonment with work for no more than ten years or, in light of the circumstances, may be punished by imprisonment with work for no more than 10 years and a fine of no more than 3,000,000 yen. (3) An attempt to commit the crime in the preceding two paragraphs is also punished.
Article 24-2 (1) A person who, without due cause, carries, receives or transfers Cannabis is punished by imprisonment with work for no more than five years. (2) A person who commits the crime in the preceding paragraph for profit is punished by imprisonment with work for no more than seven years, or, in light of the circumstances, may be punished by imprisonment with work for no more than 7 years and a fine of no more than 2,000,000 yen. (3) An attempt to commit the crime in the preceding two paragraphs is also punished.
Article 24-3 (1) A person who falls under one of the following items is punished by imprisonment with work for no more than five years: (i) a person who has used Cannabis in violation of the provisions of Article 3, paragraph (1) or paragraph (2); (ii) a person who has treated with or distributed medicines manufactured from Cannabis or has received treatment with it in violation of the provisions of Article 4, paragraph (1); (iii) a person who has violated the provisions of Article 14. (2) A person who has committed the violation in the preceding paragraph for profit is punished by imprisonment with work for no more than seven years, or, in light of the circumstances, may be punished by imprisonment with work for no more than seven years and a fine no more than 2,000,000 yen. (3) An attempt to commit the crime in the preceding two paragraphs is also punished.
Article 24-4 A person who has made preparations with the purpose of committing a crime in Article 24, paragraph (1) or paragraph (2) is punished by imprisonment with work for no more than three years.
Article 24-5 (1) The Cannabis pertaining to the crimes from Article 24 to the preceding Article and that is owned or carried by the criminal is to be confiscated; provided, however, that when it is owned by a person other than the criminal, it may not be confiscated. (2) With regard to the commission of the crimes under the provisions of the preceding paragraph (excluding the crime in Article 24-3.), vessels, aircrafts or vehicles used in the transport of Cannabis may be confiscated.
Article 24-6 A person who has knowingly transported or provided the funds, lands, buildings, vessels, aircrafts, vehicles, facilities, machinery, instruments or raw materials (this includes the seeds of cannabis plants.) necessary for the acts falling under the crimes in Article 24, paragraph (1) or paragraph (2) is punished by imprisonment with work for no more than three years.
Article 24-7 A person who makes the arrangement between the delivery and the receipt of Cannabis falling under the crimes in Article 24-2 is punished by imprisonment with work for no more than two years.
Article 24-8 The crimes prescribed in Article 24, Article 24-2, Article 24-4, Article 24-6 and the preceding Article are applied as in Article 2 of the Penal Code.
Article 25 (1) A person who falls under one of the following items is punished by imprisonment with work for no more than one year or a fine of no more than 200,000 yen: (i) a person who has advertised Cannabis in violation of the provisions of Article 4, paragraph (1); (ii) a person who has violated the provisions of Article 7, paragraph (2); (iii) a person who has not made a report pursuant to the provisions of Article 15 or Article 17 or has made a false report. (2) The punishments in the preceding paragraph may, in light of the circumstances, be imposed cumulatively.
Article 26 A person who falls under one of the following items is punished by a fine of no more than 100,000 yen: (i) a person who has not filed the notification under the provisions of Article 10, paragraph (2); (ii) a person who has violated the provisions of Article 10, paragraph (4) or paragraph (7); (iii) a person who has not kept an accounting book or has not written statements or has written false statements in it violating the provisions of Article 16-2, paragraph (1); (iv) a person who has not preserved the accounting book in violation of the provisions of Article 16-2, paragraph (2); (v) a person who has refused, obstructed or evaded the entry, inspection or sampling under the provisions of Article 21, paragraph (1).
Article 27 When the representative of a corporation or the agent and other employees of a corporation or an individual have committed a crime in Article 24, paragraph (2) or paragraph (3), Article 24-2, paragraph (2) or paragraph (3), or have committed a violation in Article 24-3, paragraph (2) or paragraph (3), or the preceding two Articles, with regard to the business of said corporation or individual, not only is the offender punished but also said corporation or individual is punished by the fine prescribed in the respective Articles.
Supplementary Provisions
Article 28 This Act comes into effect as of the date of promulgation.
Article 29 The Rules of Cannabis Control (No. 1 of Ordinance of the Ministry of Health, Labour and Welfare and the Ministry of Agriculture, Forestry and Fisheries of 1947) based on the Imperial Ordinance on Orders Issued Incidental to Acceptance of the Potsdam Declaration of 1945 are abolished.
Supplementary Provisions (1) This Act comes into effect as of April 1, 1950. Supplementary Provisions (1) This Act comes into effect as of the date of promulgation. Supplementary Provisions (1) This Act comes into effect as of April 1, 1953. (2) The licenses, authorizations and other acts conducted by the Minister of Health, Labour and Welfare based on the provisions prior to amendment by this Act are deemed to have been conducted based on the amended provisions by the prefectural governors. Supplementary Provisions (Effective Date) (1) This Act comes into effect as of May 1, 1954. Supplementary Provisions (Effective Date) (1) This Act comes into effect as of the date on which twenty days have passed since the date of promulgation. (Transitional Provisions) (2) With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force remain applicable. Supplementary Provisions (Effective Date) (1) This Act comes into effect as of the date of promulgation. Supplementary Provisions (1) This Act comes into effect as of the date of promulgation; provided, however, that the provisions of Article 4, paragraph (2) come into effect as of the date on which one month has passed since the date of promulgation. Supplementary Provisions (1) This Act comes into effect as of the date of promulgation; provided, however, that the provisions of Article 3 comes into effect as of the date on which one month have passed since the date of promulgation. Supplementary Provisions This Act comes into effect as of July 1, 1984. Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect as of the date provided for by a Cabinet Order not exceeding a period of six months since the date of promulgation.
Article 5 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force remain applicable.
Supplementary Provisions (Effective Date) (1) This Act comes into effect as of the date provided for by a Cabinet Order not exceeding a period of one year since the date of promulgation. (Transitional Measures) (3) With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force remain applicable. Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect as of April 1, 2000; provided, however, that the provisions listed in the following items come into effect as of the date specified in each of said items: (i) the provisions in Article 1 amended to add five articles, the section title, and two subsections and the titles thereof following Article 250 of the Local Government Act (limited to the part pertaining to Article 250-9, paragraph (1) of the said Act (limited to the part pertaining to the requirement of consent of both Houses)), the provisions in Article 40 amended in paragraph (9) and paragraph (10) of the supplementary provisions of the Natural Parks Act (limited to the part pertaining to paragraph (10) of the supplementary provisions of the said Act), the provisions in Article 244 (excluding the part pertaining to the amended provisions in Article 14-3 of the Agricultural Improvement and Promotion Act), and the provisions of Article 472 (excluding, however, the part concerning the provisions to revise Article 6, Article 8, and Article 17 of the Act on Special Provisions Concerning Merger of Municipalities), and the provisions of Article 7, Article 10, Article 12, proviso of Article 59, Article 60, paragraph (4) and paragraph (5), Article 73, Article 77, Article 157, paragraphs (4) to (6), Article 160, Article 163, Article 164, and Article 202 of the supplementary provisions: the date of promulgation.
(Transitional Measures Concerning Procedures, etc. under Previous Provisions) Article 69 With regard to the procedures, jurisdiction, and authority (hereinafter the "procedures, etc." referred to as in this Article.) of prefectural governors pertaining to items that, pursuant to the provisions of Article 32, paragraph (1), Article 78, paragraph (1), and Article 87, paragraph (1) and paragraph (13) of supplementary provisions of the Act Partially Amending the National Pension Act, etc.(Act No. 34 of 1985), remain applicable in accordance with previous provisions, they are deemed to be procedures or authority of the Minister of Health, Labour and Welfare or the commissioner of the social insurance agency, that had the procedures or authority equivalent to the said procedures or authority assigned to them pursuant to the provisions of the National Pension Act, the Employees' Pension Insurance Act and the Seamen's Insurance Act after amended by this Act or pursuant to orders based on these Acts, or of the director-general of a local social insurance bureau to whom it is delegated by these persons, or of directors of social insurance offices to whom it is delegated by the director-general of a local social insurance bureau.
(Special Provisions for Application of Article 156, Paragraph (4) of New Local Autonomy Act) Article 70 With regard to local social insurance bureaus and social insurance offices in Article 14 of the Act for Establishment of the Ministry of Health, Labour and Welfare after amendment by the provisions of Article 166, that are placed in the same position as prefectural organs (limited to those handling procedures related to social insurance) that were responsible for procedures in Article 8 of the supplementary provisions of the Old Local Autonomy Act (if a local social insurance bureau, limited to those placed in a cities (including special wards.) where prefectural government agencies are located.) when this Act comes into force, the provisions of Article 156, paragraph (4) of the New Local Autonomy Act is not applied.
(Transitional Measures Concerning Social Insurance Relevant Local Secretary) Article 71 A person who is currently an official (limited to persons appointed by the Minister of Health, Labour and Welfare or by a person delegated by the minister. In article 158 of the supplementary provisions, referred to as "local secretary related to social insurance") specified in Article 8 of the supplementary provisions to the Old Local Autonomy Act when this Act comes into force becomes an official of local social insurance bureaus or a social insurance offices unless a letter of appointment or dismissal is issued.
(Transitional Measures Concerning Local Social Insurance Medical Councils) Article 72 A local social insurance medical care council, its chairman, members and expert advisors under the provisions of the Social Insurance Council Act before its amendment by the provisions of Article 169 becomes the corresponding local social insurance medical council of regional social insurance bureaus, its chairman, members and expert advisors and exist in identity.
(Preparatory Actions) Article 73 The designation under the provisions of Article 92-3, paragraph (1), item (ii) of the National Pension Act after its amendment by the provisions of Article 200, and the public announcement under the provisions of paragraph (2) of said Article may be performed even before the provisions of Article 200 comes into force.
(Transitional Measures pertaining to Request for Re-examination to Minister of Health, Labour and Welfare) Article 74 With regard to requests for re-examination based on the provisions of Article 149 to Article 151, Article 157, Article 158, Article 165, Article 168, Article 170, Article 172, Article 173, Article 175, Article 176, Article 183, Article 188, Article 195, Article 201, Article 208, Article 214, Article 219 to Article 221, Article 59-4, paragraph (2) of the Child Welfare Act before its amendment by the provisions of Article 229 or Article 238, Article 12-4 of the Act on Anma, Massage and Shiatsu Practitioners, Acupuncture Practitioners and Moxibustion Practitioners, etc., Article 29-4 of Food Sanitation Act, Article 9-3 of the Inns and Hotels Act, Article 7-3 of Public Bath House Act, Article 71-3 of Medical Service Act, Article 43-2, paragraph (2) of the Act on the Welfare of Persons with Physical Disabilities, Article 51-12, paragraph (2) of the Act on the Mental Health and Welfare of the Persons with Mental Disorders, Article 14-2, paragraph (2) of the Laundry Business Act, Article 25-2 of the Rabies Prevention Act, Article 83-2, paragraph (2) of the Social Welfare Services Act, Article 69 of the Tuberculosis Prevention Act, Article 20 of Slaughterhouse Act, Article 27-2 of Dental Technicians Act, Article 20-8-2 of the Act on Medical Laboratory Technicians, Public Health Laboratory Technician, etc., Article 30, paragraph (2) of the Act on the Welfare of Persons with Intellectual Disabilities, Article 34, paragraph (2) of the Elderly Welfare Act, Article 26, paragraph (2) of Maternal and Child Health Act, Article 23 of the Judo Healing Practitioner Act, Article 14, paragraph (2) of Act on Maintenance of Sanitation in Buildings, Article 24 of Act Concerning Waste Disposal and Scavenging, Article 41, paragraph (3) of the Act on the Regulation of Poultry Processing and Poultry Inspection or Article 65 of the Act on Prevention of Infectious Disease and Medical Treatments of Infectious Disease Patients, pertaining to administrative dispositions prior to the date on which the Act comes into effect, the provisions in force before the amendment remain applicable.
(Transitional Measures Concerning Business Suspension Orders and Other Administrative Dispositions by the Minister of Health, Labour and Welfare or Prefectural Governors and Other Prefectural Governments Organs) Article 75 The business suspension orders and other administrative dispositions implemented by the Minister of Health, Labour and Welfare or a prefectural governor or other local government organs pursuant to the provisions of Article 46, paragraph (4), or Article 59, paragraph (1) or paragraph (3) of the Child Welfare Act before its amendment, Article 8, paragraph (1) of the Act on Anma, Massage and Shiatsu Practitioners, Acupuncture Practitioners and Moxibustion Practitioners, etc. (including cases where it is applied mutatis mutandis in Article 12-2, paragraph (2) in the same Act.), Article 22 of the Food Sanitation Act, Article 5, paragraph (2), or Article 25, paragraph (1) of the Medical Service Act, Article 17, paragraph (1) of the Poisonous and Deleterious Substances Control Act (including cases where it is applied mutatis mutandis in Article 22, paragraphs (4) and (5) in the same Act.), Article 100, paragraph (1) of the Welfare Pension Insurance Act, Article 39, paragraph (1) of the Water Supply Act, Article 106, paragraph (1) of the National Pension Act, Article 18, paragraph (1) of the Judo Healing Practitioner Act before their amendment is deemed to be the business suspension orders and other dispositions implemented by the Minister of Health, Labour and Welfare or a prefectural governors or other local government organs pursuant to the provisions of Article 46, paragraph (4), or Article 59, paragraph (1) or paragraph (3) of the Child Welfare Act after its amendment, Article 8, paragraph (1) of the Act on Anma, Massage and Shiatsu Practitioners, Acupuncture Practitioners and Moxibustion Practitioners, etc. (including cases where it is applied mutatis mutandis in Article 12-2, paragraph (2) in the same Act.), Article 22 of the Food Sanitation Act, Article 5, paragraph (2), or Article 25, paragraph (1) of the Medical Service Act, Article 17, paragraph (1) or paragraph (2) of the Poisonous and Deleterious Substances Control Act (including cases where it is applied mutatis mutandis in Article 22, paragraphs (4) and (5) in the same Act.), Article 100, paragraph (1) of the Welfare Pension Insurance Act, Article 39, paragraph (1) or paragraph (2) of the Water Supply Act, Article 106, paragraph (1) of the National Pension Act, Article 69, paragraph (1) or paragraph (2), or Article 72, paragraph (2) of the Pharmaceutical Affairs Act, or Article 18, paragraph (1) of the Judo Healing Practitioner Act.
(Affairs of the State, etc.) Article 159 Beyond the provisions of each law before the amendment by this Act, before this Act comes into force, affairs of the State, other locals governments and other public organs that are executed or managed by local government organs pursuant to laws or Cabinet Orders based on these laws (referred to in Article 161 of supplementary provisions as "affairs of the State, etc.") are to be processed by local governments as affairs of said local government pursuant to laws or a Cabinet Orders based on these, after this Act comes into force.
(Transitional Measures Concerning Dispositions, Applications, etc.) Article 160 (1) Dispositions such as authorizations and other acts (hereinafter, referred to as " dispositions and other acts" in this Article.) performed before the enforcement of this Act (with regard to the provisions set forth in each of the items of Article 1 of supplementary provisions, the respective provisions. The same applies hereinafter in this Article and in Article 163 of supplementary provisions.) pursuant to the provisions of each Act before their amendment or applications for permissions and other acts (hereinafter, referred to as "permissions and other acts" in this Article.) already performed at the time of the enforcement of this Act pursuant to the provisions of each Act before their amendment, that the person responsible for processing the administrative affairs pertaining to these acts differs from the day on which this Act comes into force, excluding what are provided for under the provisions concerning the transitional measures of the provisions of Article 2 to the preceding Article of supplementary provisions or each Act (including orders based on this.), with regard to the application of each Act after being amended after the date of enforcement of this Act, are deemed to have be dispositions and other acts and permissions and other acts performed pursuant to the respective provisions of each Act after their amendment, (2) With regard to the matters that before the date of enforcement of this Act must be reported , notified, submitted to, or be filed with the State or a local government organ pursuant to the provisions of each Act before being amended and that the respective procedures has not been taken before the date of enforcement of this Act, beyond the cases where it is provided for by law or Cabinet Orders based on them, they are deemed to be matters for which a report, a notification, a submission and other procedures must be taken with the State or a local government organs pursuant to the equivalent provisions of each Act after being amended.
(Transitional Measures Concerning Appeal) Article 161 (1) With regard to an administrative disposition pertaining to national affairs, etc., before the date of enforcement that has been implemented by an administrative agency (hereinafter referred to as "administrative disposition agency" in this Article.) with an administrative agency higher than said agency (hereinafter referred to as "higher administrative agency" in this Article.") provided for by the Administrative Appeal Act and that has been appealed pursuant to the same Act before the date of enforcement, it is deemed that, even after the date of enforcement, there is a higher administrative agency to said administrative disposition agency, and the provisions of the Administrative Appeal Act is applied thereto. In this case, said administrative agency that is deemed to be the higher administrative agency of the said administrative disposition agency is the administrative agency that is the higher administrative agency of said administrative disposition agency before the date of the enforcement. (2) In case of the preceding paragraph, when an administrative agency regarded as a higher administrative agency is an organ of a local public entity, the affairs said organ must process pursuant to the provisions of the Administrative Appealing Act are the No. 1 statutory entrusted function provided for in Article 2, paragraph (9), item (i), of the New Local Autonomy Act.
(Transitional Measures Concerning Fees) Article 162 The provisions then in force remain applicable to the fees that were to be paid before the date on which this Act comes into effect pursuant to the provisions of each Act (including orders based on these acts.) before their amendment by this Act, beyond the cases particularly provided for by this Act and Cabinet Orders based on it.
(Transitional Measures Concerning Punishment) Article 163 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force remain applicable.
(Delegation of Other Transitional Measures to Cabinet Order) Article 164 (1) Beyond the provisions in this supplementary provisions, other transitional measures (including transitional measures concerning punishment.) necessary to the enforcement of this Act are provided for by Cabinet Orders. (2) The necessary matters concerning the application of the provisions of Article 18, Article 51 and Article 184 of supplementary provisions are provided for by Cabinet Order.
(Review) Article 250 Adding new functions to No. 1 statutory entrusted function provided for in Article 2, paragraph (9), item (i) of the New Local Autonomy Act is to be avoided as much as possible, and functions listed in Attached Table No. 1 in the New Local Autonomy Act and the functions specified by Cabinet Orders based on the New Local Autonomy Act are to be reviewed in light of promoting the decentralization, and, when appropriate, properly changed.
Article 251 The government, in order to allow local governments to execute their duties and procedures individually and independently, is to review policies concerning securing financial resources according to the division of roles between the national and local governments, taking into consideration changes in the economic situation, and, based on these results, take the necessary measures.
Article 252 The government, following the reform of the medical insurance system, the Pension System, is to review the system of social insurance procedures, the situation of the workers employed, etc. in light of securing the convenience of the insured, etc. and rationalizing procedures, etc., and if it finds it necessary, take the required measures based on the results.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect as of April 1, 2000.
Article 4 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force remain applicable.
Supplementary Provisions
(Effective Date) Article 1 This Act (excluding Article 2 and Article 3.) comes into effect as of January 6, 2001.