Act on the National Institute of Advanced Industrial Science and Technology


Published: 2007

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Act on the National Institute of Advanced Industrial Science and Technology

(Act No. 203 of December 22, 1999)

Table of Contents

Chapter I General Provisions (Articles 1 to 6) Chapter II Officers and Employees (Articles 7 to 10-3) Chapter III Operations, etc. (Articles 11 and 12) Chapter IV Miscellaneous Provisions (Article 13) Chapter V Penal Provisions (Articles 14 and 15) Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1 The purpose of this Act is to prescribe such matters as the name, purpose, and scope of operations of the National Institute of Advanced Industrial Science and Technology.

(Name)

Article 2 The name of the independent administrative agency prescribed in Article 2, paragraph (1) of the Act on General Rules for Independent Administrative Agencies (Act No. 103 of 1999; hereinafter referred to as "Act on General Rules") established pursuant to this Act and the Act on General Rules shall be the National Institute of Advanced Industrial Science and Technology.

(Purpose of the Institute)

Article 3 The purpose of the National Institute of Advanced Industrial Science and Technology (hereinafter referred to as the "Institute") shall be to contribute to the development of the economy and industry and to securing a stable and efficient supply of mineral resources and energy, based on improvements in industrial technology and dissemination of the results thereof, by comprehensively conducting research, development, etc. related to science and technology in mining and industry.

Article 4 Deleted

(Office)

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Article 5 The principal office of the Institute shall be located in Tokyo.

(Stated Capital) Article 6 (1) The stated capital of the Institute shall be the amount contributed

by the government pursuant to the provisions of Article 5, paragraph (2) of the supplementary provisions.

(2) The government may, when necessary, make additional contributions to the Institute within the scope specified by the budget.

(3) When the government has made a contribution pursuant to the provisions of the preceding paragraph or Article 6, paragraph (1) of the supplementary provisions, the Institute may increase its stated capital based on the amount of that contribution.

Chapter II Officers and Employees

(Officers)

Article 7 (1) The president who is to be the head of the Institute and two auditors shall be appointed as officers of the Institute.

(2) A senior vice-president and up to ten vice-presidents may be appointed as officers of the Institute.

(Duties and Authority, etc. of the Senior Vice-President and Vice-Presidents)

Article 8 (1) The senior vice-president shall, as prescribed by the president, represent the Institute and assist the president in handling the operations of the Institute.

(2) The vice-presidents shall, as prescribed by the president, assist the president (president and senior vice-president in the case that a senior vice-president is appointed) in handling the operations of the Institute.

(3) The officer specified in the Acts Governing Individual Incorporated Administrative Agencies, specified in Article 19, paragraph (2) of the Act on General Rules, shall be the senior vice-president. However, if a senior vice- president has not been appointed but vice-presidents have been appointed, this officer shall be a director; if neither a senior vice-president nor vice-presidents have been appointed, this officer shall be an auditor.

(4) In the case referred to in the proviso of the preceding paragraph, an auditor who carries out the duties of the president or who carries out the duties of the president as a representative of the president pursuant to the provisions of Article 19, paragraph (2) of the Act on General Rules shall not carry out the duties of an auditor during that period.

(Officers' Term of Office)

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Article 9 The officers' term of office shall be two years.

(Exceptions to Disqualification of Vice-Presidents) Article 10 (1) Notwithstanding the provisions of Article 22 of the Act on General

Rules, a person who is a civil servant in the field of education and who has been specified by Cabinet Order may be appointed as a vice-president.

(2) With regard to the application of the provisions of Article 23, paragraph (1) of the Act on General Rules concerning the dismissal of vice-presidents of the Institute, the term "the preceding Article" in said paragraph shall be deemed to be replaced with "the preceding Article and Article 10, paragraph (1) of the Act on the National Institute of Advanced Industrial Science and Technology."

(Officers' and Employees' Obligation of Confidentiality)

Article 10-2 The officers and employees of the Institute shall not divulge or misappropriate any secrets they come to know in the course of their duties. The same applies to any officer or employee after leaving his/her post.

(Status of Officers and Employees)

Article 10-3 With regard to the application of the Penal Code (Act No. 45 of 1907) and other penal provisions, the officers and employees of the Institute shall be deemed employees engaged in public service pursuant to laws and regulations.

Chapter III Operations, etc.

(Scope of Operations)

Article 11 (1) To achieve the purposes specified in Article 3, the Institute shall carry out the following operations: (i) research and development concerning science and technology in mining and

industry, and operations related to such research and development; (ii) geological surveys; (iii) establishment of standards for measurement, calibration, inspections,

research and development of measuring instruments, operations related to these, and training related to measurement;

(iv) technical guidance pertaining to the operations specified in the three preceding items and dissemination of the results;

(v) cultivation of human resources who can contribute to the strengthening of the Technology Management Capability as prescribed in Article 2, paragraph (2) of the Industrial Technology Enhancement Act (Act No. 44 of 2000), improvements in the quality of such human resources, and promotion of their utilization; and

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(vi) operations incidental to the operations specified in each of the preceding items.

(2) In addition to the operations specified in the preceding paragraph, the Institute shall conduct on-site inspections pursuant to Article 148, paragraph (1) and paragraph (2) of the Measurement Act (Act No. 51 of 1992).

(Disposition of Reserve Funds)

Article 12 (1) Pertaining to the last business year of the period for mid-term objectives (hereinafter referred to as the "period for mid-term objectives" in this paragraph) prescribed in Article 29, paragraph (2), item (i) of the Act on General Rules, if, after the Institute has conducted the adjustments pursuant to the provisions of Article 44, paragraph (1) or paragraph (2) of the Act on General Rules, there are reserve funds pursuant to paragraph (1) of said Article, the Institute may appropriate, from among the amount equivalent to those reserve funds, the amount for which approval has been obtained from the Minister of Economy, Trade and Industry, as a financial resource for the operations prescribed in the preceding Article in the next period for mid-term objectives, pursuant to the mid-term plan (or modified mid-term plan if approval for a change pursuant to the provisions of the second sentence of said paragraph has been obtained) for which the approval specified in Article 30, paragraph (1) of the Act on General Rules has been obtained pertaining to said next period for mid-term objectives following the relevant period for mid-term objectives.

(2) When the Minister of Economy, Trade and Industry intends to grant approval pursuant to the provisions of the preceding paragraph, he/she shall hear the opinion of the Ministry of Economy, Trade and Industry's Independent Administrative Institution Evaluation Committee, and consult with the Minister of Finance.

(3) When there is a surplus after deducting the amount for which approval was obtained pursuant to the provisions of paragraph (1) from the amount equivalent to the reserve funds prescribed in said paragraph, the Institute shall turn over this surplus amount to the Treasury.

(4) In addition to what is provided in the preceding three paragraphs, necessary matters concerning the procedures for making payments and any other disposal of reserve funds shall be specified by Cabinet Order.

Chapter IV Miscellaneous Provisions

(Competent Minister, etc.)

Article 13 As it pertains to the Institute, the competent minister, competent ministry, and Ordinance of the competent ministry in the Act on General Rules

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shall refer to the Minister of Economy, Trade and Industry, Ministry of Economy, Trade and Industry, and Ordinance of the Ministry of Economy, Trade and Industry, respectively.

Chapter V Penal Provisions

Article 14 Any person who has divulged or misappropriated a secret in violation

of the provisions of Article 10-2 shall be punished by imprisonment with work for not more than one year or a fine of not more than 300,000 yen.

Article 15 In any of the cases in each of the items below, the officer of the

Institute who has committed the violation shall be subject to a non-penal fine of not more than 200,000 yen: (i) when the Institute has conducted an operation other than those prescribed

in Article 11; or (ii) when the Institute has failed to obtain approval in a case where the

approval of the Minister of Economy, Trade and Industry must be obtained pursuant to the provisions of Article 12, paragraph (1).

Supplementary Provisions [Extract]

(Effective Date)

Article 1 This Act shall come into force from January 6, 2001.

(Succession of Employees, etc.) Article 2 At the time of establishment of the Institute, any person who is

actually an employee of an agency or a department of the Ministry of Economy, Trade and Industry specified by Cabinet Order shall become a formal employee of the Institute on the date of establishment of the Institute, unless written appointments are issued separately.

Article 3 From among persons who, at the time of establishment of the Institute,

are actually employees of an agency or a department specified by Cabinet Order, as prescribed in the preceding Article, when there is any person who has proceeded to become an employee of the Institute on the day of establishment of the Institute (hereinafter referred to as a "successional employee" in the following Article) and who has obtained recognition pursuant to the provisions of Article 7, paragraph (1) of the Child Allowance Act (Act No. 73 of 1971) (including the cases where applied mutatis mutandis pursuant to Article 6, paragraph (2), Article 7, paragraph (4), or Article 8, paragraph (4) of the supplementary provisions of said Act; hereinafter the same shall apply in

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this Article) from the Minister of Economy, Trade and Industry, or when there is any person who has been delegated by the Minister of Economy, Trade and Industry on the day preceding the date of establishment of the Institute and who falls under the payment requirements for child allowance or the benefits specified in Article 6, paragraph (1), Article 7, paragraph (1) or Article 8, paragraph (1) of the supplementary provisions of said Act (hereinafter referred to as "special benefits, etc." in this Article) on the day of establishment of the Institute, payment of child allowance or special benefits, etc. to said person shall be deemed as having been recognized by the mayor (including ward mayors of special wards) pursuant to the provisions of Article 7, paragraph (1) of said Act on the day of establishment of the Institute. In this case, payment of such child allowance or special benefits, etc. that were deemed to have been recognized shall begin the month after the month in which the day preceding the day of establishment of the Institute falls, notwithstanding the provisions of Article 8, paragraph (2) of said Act (including the cases where applied mutatis mutandis pursuant to Article 6, paragraph (2), Article 7, paragraph (4), or Article 8, paragraph (4) of the supplementary provisions of said Act).

(Transitional Measures on Employee Organizations for Persons Who Are to

Become Employees of the Institute) Article 4 (1) Any employee organization prescribed in Article 108-2, paragraph

(1) of the National Public Service Act (Act No. 120 of 1947) that actually exists at the time of establishment of the Institute and of which the majority of its members are successional employees shall be deemed a labor union to which the Act on the Labor Relations of State Enterprises and Specified Incorporated Administrative Agencies, etc. (Act No. 257 of 1948) is applicable upon establishment of the Institute. In this case, if said employee organization is a juridical person, it shall be deemed a corporate labor union.

(2) An employee organization that has become a corporate labor union pursuant to the provisions of the preceding paragraph shall obtain certification from the labor relations commission regarding conformity to the provisions of Article 2 and Article 5, paragraph (2) of the Labor Union Act (Act No. 174 of 1949) by the day on which sixty days have elapsed from the day of establishment of the Institute, and shall register at the location of its principal office; otherwise, said organization shall be deemed to have dissolved with the passage of this date.

(3) The proviso of Article 2 of the Labor Union Act (limited to the portion pertaining to item (i)) shall not apply to any employee organization that has become a labor union pursuant to the provisions of paragraph (1) until the day on which sixty days have elapsed from the day of establishment of the Institute.

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(Succession, etc. to Rights and Obligations) Article 5 (1) Upon establishment of the Institute, the rights and obligations that

the State actually possesses in relation to the operations prescribed in Article 11 and that are specified by Cabinet Order shall be succeeded to by the Institute at the time of establishment of the Institute.

(2) When the Institute has succeeded to the rights and duties possessed by the State pursuant to the provisions of the preceding paragraph, the amount, at the time of succession, equivalent to the total amount of the value of the land, buildings, and any other property specified by Cabinet Order that pertain to the succeeded rights shall be deemed as having been contributed to the Institute by the government.

(3) The value of the property specified in the preceding paragraph for which there was deemed to have been a contribution by the government pursuant to the provisions of said paragraph shall be the value as assessed by the Evaluation Committee using the current value on the day of establishment of the Institute as the standard.

(4) Necessary matters relating to other assessments by the Evaluation Committee as specified in the preceding paragraph shall be specified by Cabinet Order.

Article 6 (1) In addition to what is provided in the preceding Article, buildings,

etc. (buildings and auxiliary structures of such buildings; hereinafter the same shall apply in the following paragraph) that are actually in the process of being constructed at the time of establishment of the Institute and that are specified by Cabinet Order shall be deemed as additional contributions to the Institute by the government.

(2) The value of buildings, etc. that are intended as contributions by the government pursuant to the preceding paragraph shall be the value assessed by the Evaluation Committee using the current value on the day of contribution as the standard.

(3) Necessary matters relating to the Evaluation Committee and other assessments by the Evaluation Committee as specified in the preceding paragraph shall be specified by Cabinet Order.

(Gratuitous Use of National Property)

Article 7 The State may, pursuant to the provisions of Cabinet Order, allow the Institute to use, without compensation, national property that is specified by Cabinet Order and that is actually being used by an agency or department of the Ministry of Economy, Trade and Industry for matters specified by Cabinet Order at the time of establishment of the Institute, in order to provide such national property for the use of the Institute.

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(Delegation to Cabinet Order)

Article 11 In addition to what is provided in Articles 2 to 7 and the preceding Article of the supplementary provisions, the necessary transitional measures associated with the establishment of the Institute and any other necessary transitional measures related to the enforcement of this Act shall be specified by Cabinet Order.

Supplementary Provisions [Act No. 84 of May 26, 2000] [Extract]

(Effective Date)

Article 1 This Act shall come into force from June 1, 2000.

Supplementary Provisions [Act No. 83 of June 9, 2004] [Extract]

(Effective Date) Article 1 This Act shall come into force from April 1, 2005. However, the

provisions of Article 7 of the supplementary provisions shall come into force from the day of promulgation, and the provisions of Article 8 of the supplementary provisions shall come into force from March 31 of the same year.

(Succession of Employees, etc.)

Article 2 Any person who is actually an employee of the existing National Institute of Advanced Industrial Science and Technology (hereinafter referred to as the "existing Institute") at the time of enforcement of this Act shall become an employee of the National Institute of Advanced Industrial Science and Technology (hereinafter referred to as the "Institute") on the day of enforcement of this Act (hereinafter referred to as "enforcement date"), unless written appointments are issued separately.

Article 3 With regard to the application of the provisions of Article 82,

paragraph (2) of the National Public Service Act (Act No. 120 of 1947) any person who has become an employee of the Institute pursuant to the provisions of the preceding Article shall be deemed as having retired, due to the fact that such a person becomes a national public servant in special service, etc. pursuant to the provisions of said paragraph, and the loss of one's status as a national public servant pursuant to the provisions of the preceding Article results in said person becoming a national public servant in special service, etc. as prescribed in said paragraph at the request of the appointer.

Article 4 (1) The retirement allowance pursuant to the National Government

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Employees, etc. Retirement Allowance Act (Act No. 182 of 1953) shall not be given to any person who is an employee of the Institute pursuant to the provisions of Article 2 of the supplementary provisions.

(2) When the Institute intends to pay a retirement allowance upon retirement of an employee of the Institute who is subject to the provisions of the preceding paragraph, the tenure during which said person continued in a position as an employee as prescribed in Article 2, paragraph (1) of the National Government Employees, etc. Retirement Allowance Act (including persons deemed employees pursuant to the provisions of paragraph (2) of said Article) should be deemed as the tenure during which said person was an employee of the Institute and handled as such.

(3) Any person who holds a position as an employee of the existing Institute on the day before the enforcement date shall continue on and become an employee of the Institute pursuant to the provisions of Article 2 of the supplementary provisions, and in the case that said person continues on to become an employee pursuant to the provisions of Article 2, paragraph (1) of the National Government Employees, etc. Retirement Allowance Act after his/her tenure as an employee of the Institute, for the calculation of the term of his/her services that serves as the basis for calculating the retirement allowance to be received pursuant to said Act, his/her tenure as an employee of the Institute shall be deemed to be his/her ongoing tenure as an employee prescribed in said paragraph; provided, however, that this shall not apply when said person has received a retirement allowance (including benefits equivalent to this retirement allowance) as a result of retiring from the Institute.

(4) From among the persons who held positions as employees of the existing Institute on the day before the enforcement date, and who continued on to become employees of the Institute pursuant to the provisions of Article 2 of the supplementary provisions, any person who retired from the Institute between the enforcement date and when he/she became qualified to receive unemployment, etc. benefits pursuant to the Employment Insurance Act (Act No. 116 of 1974) and who may receive a retirement allowance pursuant to the provisions of Article 10 of the National Government Employees, etc. Retirement Allowance Act if he/she held a position as an employee of the existing Institute up until the day of his/her retirement, the Institute shall pay an amount equivalent to the retirement allowance calculated based on the example in the provisions of said Article to said person as a retirement allowance.

(Transitional Measures for Labor Unions)

Article 5 (1) A labor union as prescribed in the provisions of Article 4, paragraph (2) of the Act on Labor Relations of Specified Incorporated Administrative

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Agencies, etc. (Act No. 257 of 1948; hereinafter referred to as "Specified Labor Act" in the following Article) that actually exists upon enforcement of this Act, the majority of whose members continue on as employees of the Institute pursuant to the provisions of Article 2 of the supplementary provisions, shall be deemed a labor union that is subject to the Labor Union Act (Act No. 174 of 1949) at the time of enforcement of this Act. In this case, when said labor union is a juridical person, the labor union shall become a corporate labor union.

(2) A labor union that has become a corporate labor union pursuant to the provisions of the preceding paragraph shall obtain certification from the labor relations commission regarding conformity to the provisions of Article 2 and Article 5, paragraph (2) of the Labor Union Act by the day on which sixty days have elapsed from the enforcement date, and shall register the location of its principal office; otherwise, said labor union shall be deemed to have dissolved with the passage of this date.

(3) The proviso of Article 2 of the Labor Union Act (limited to the portion pertaining to item (i)) shall not apply to any employee organization that has become a labor union subject to said Act pursuant to the provisions of paragraph (1) until the day on which sixty days have elapsed from the enforcement date.

(Transitional Measures Regarding Petitions, etc. against Unfair Labor

Practices) Article 6 (1) With regard to the period for filing a petition with the Central

Labor Relations Commission pertaining to dismissal by the existing Institute prior to the enforcement of this Act pursuant to Article 18 of the Specified Labor Act, and the period for an order by the Central Labor Relations Commission, the provisions then in force shall remain applicable.

(2) With regard to matters provided for in Chapter III of the Specified Labor Act (excluding the provisions from Articles 12 to 16, inclusive) and Chapter VI pertaining to cases relating to mediation, conciliation, or arbitration where the existing Institute and a labor union that is subject to the Specified Labor Act pertaining to the employees of said Institute are the concerned parties, that are actually pending in the Central Labor Relations Commission at the time of enforcement of this Act, the provisions then in force shall remain applicable.

(Delegation to Cabinet Order)

Article 7 In addition to what is provided for in the Supplementary Provisions from Article 2 to the preceding Article, inclusive, necessary transitional measures related to the enforcement of this Act shall be specified by Cabinet Order.

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Supplementary Provisions [Act No. 36 of May 11, 2007] [Extract]

(Effective Date)

Article 1 This Act shall come into force from the date specified by Cabinet Order within a period that does not exceed six months following the date of promulgation.

(Transitional Measures Relating to Application of Penal Provisions)

Article 7 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.

(Delegation of Other Transitional Measures to Cabinet Order)

Article 8 In addition to what is provided for in these Supplementary Provisions, the necessary transitional measures associated with the enforcement of this Act shall be specified by Cabinet Order.

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