Act on Japan Society for the Promotion of Science


Published: 2009

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´╗┐Act on Japan Society for the Promotion of Science (Tentative translation)

Chapter I General Provisions (Articles 1 to 7)

Chapter II Officers and Employees (Articles 8 to 12)

Chapter III Advisory Council (Articles 13 and 14)

Chapter IV Duties, etc. (Articles 15 to 18)

Chapter V Miscellaneous Provisions (Articles 19 to 21)

Chapter VI Penal Provisions (Articles 22 and 23)

Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1 The purpose of this Act shall be to provide for matters concerning the name, purpose, and the scope of duties, etc. of the Japan Society for the Promotion of Science, Incorporated Administrative Agency.

(Name)

Article 2 The name of the incorporated administrative agency prescribed in Article 2, paragraph (1) of the Act on General Rules for Incorporated Administrative Agency (Act No. 103 of 1999; hereinafter referred to as the "Act on General Rules") that is to be established as provided for by this Act and the Act on General Rules shall be the Japan Society for the Promotion of Science, Incorporated Administrative Agency.

(Objective of the Society)

Article 3 The Japan Society for the Promotion of Science, Incorporated Administrative Agency (hereinafter referred to as the "Society") shall aim to promote science by assisting scientific research, providing funds for fostering researchers, promoting international science exchange, and carrying out research on the application of science.

(Office)

Article 4 The Society shall locate its principal office in Tokyo.

(Funds)

Article 5 The funds of the Society shall be the amount equivalent to the funds of the former Japan Society for the Promotion of Science that is to be succeeded to by the Society pursuant to the provisions of Article 2, paragraph (1) of the Supplementary Provisions.

(Stated Capital)

Article 6 (1) The stated capital of the Society shall be the total amount of the capital contributions that are considered to have been made by the government pursuant to the provisions of Article 2, paragraph (6) of the Supplementary Provisions.

(2) The government may, when it finds it necessary, make capital contributions to the Society additionally, up to an amount specified in the budget.

(3) When any capital contributions have been made by the government pursuant to the provisions of the preceding paragraph, the Society shall increase its stated capital by the amount of said capital contributions.

(Restriction on Use of the Name)

Article 7 No person other than the Society may use the name of the Japan Society for the Promotion of Science.

Chapter II Officers and Employees

(Officers)

Article 8 (1) The Society shall have, as its officers, one president as its head and two auditors.

(2) The Society may have, as its officers, up to two directors.

(Duties and Authority, etc. of Directors)

Article 9 (1) Directors shall, under the directions of the president, administer the duties of the Society, assisting the president.

(2) An officer provided for by individual Acts set forth in Article 19, paragraph (2) of the Act on General Rules shall be a director; provided, however, that when there are no directors, such officer shall be an auditor.

(3) In the case referred to in the proviso to the preceding paragraph, an auditor who represents or performs the duties of the president pursuant to the provisions of Article 19, paragraph (2) of the Act on General Rules shall not perform his/her duties as an auditor at the same time.

(Term of Office for Officers)

Article 10 The term of office of the president shall be four years and that of a director and an auditor shall be two years.

(Special Provisions for Disqualification of Officers)

Article 11 (1) Public officers in the field of education specified by Cabinet Order may become part-time directors or auditors, notwithstanding the provisions of Article 22 of the Act on General Rules.

(2) With regard to the application of Article 23, paragraph (1) of the Act on General Rules concerning the dismissal of part-time directors and auditors of the Society, the term "the preceding Article" in said paragraph shall be deemed to be replaced with "the preceding Article and Article 11, paragraph (1) of the Act on Japan Society for the Promotion of Science."

(Status of Officers and Employees)

Article 12 Officers and employees of the Society shall be deemed to be employees engaging in public service pursuant to laws and regulations, with regard to the application of the Penal Code (Act No. 45 of 1907) and other penal provisions.

Chapter III Advisory Council

(Advisory Council)

Article 13 (1) The Society shall establish an advisory council.

(2) The advisory council shall consist of up to 15 councilors.

(3) The advisory council shall deliberate important matters concerning the performance of the Society's duties, in response to the consultations by the president.

(4) The advisory council may present its opinions to the president with regard to the performance of the Society's duties.

(Councilors)

Article 14 (1) Councilors shall be appointed by the president from among persons who have the relevant knowledge and experience required for properly performing the Society's duties, after obtaining the approval of the Minister of Education, Culture, Sports, Science and Technology.

(2) The term of office of the councilors shall be two years.

(3) The provisions of the proviso to Article 21, paragraph (1); Article 21, paragraph (2); and Article 23, paragraph (2) of the Act on General Rules shall apply mutatis mutandis to councilors.

(4) When the president intends to dismiss a councilor pursuant to the provisions of Article 23, paragraph (2) of the Act on General Rules as applied mutatis mutandis pursuant to the preceding paragraph, he/she shall obtain the approval of the Minister of Education, Culture, Sports, Science and Technology in advance.

Chapter IV Duties, etc.

(Scope of Duties)

Article 15 The Society shall perform the following duties for the purpose of attaining the objective set forth in Article 3:

(i) offering necessary assistance for scientific research;

(ii) providing funds to researchers so as to encourage their research activities, with a view to fostering excellent scientific researchers;

(iii) dispatching researchers overseas, accepting foreign researchers, and performing other duties to promote international science exchange;

(iv) carrying out research on the application of science;

(v) offering necessary assistance for research on the application of science so as to promote cooperation between the academic community and industry;

(vi) carrying out study and research on measures for the promotion of science;

(vii) disseminating the results of the duties listed in item (iv) and the preceding item and promoting the utilization thereof;

(viii) conducting necessary examination and evaluation for the government's assistance for the promotion of science; and

(ix) performing duties incidental to the duties listed in the preceding items.

(Liaison with the Science Council of Japan)

Article 16 The Minister of Education, Culture, Sports, Science and Technology shall seek close liaison with the Science Council of Japan with regard to the performance of duties of the Society.

(Revocation of the Decision to Grant Subsidies, and the Return, etc. of the Subsidies)

Article 17 The provisions of paragraphs (1), (2), and (4) of Article 10; paragraphs (1), (3) and (4) of Article 17; paragraphs (1) and (2) of Article 18; Articles 19 to 21-2; and Article 24-2 of the Act on Regulation of Execution of Budget Pertaining to Subsidies, etc. (Act No. 179 of 1955) shall apply mutatis mutandis to subsidies that the Society grants as its duties set forth in Article 15, item (i) with the government subsidies specified in the budget that it received. In this case, the term "the heads of ministries and agencies" in paragraphs (1) and (2) of Article 10; Article 17, paragraph (1); paragraphs (1) and (2) of Article 18; Article 19, paragraph (3); Article 20; Article 21, paragraph (1); Article 21-2; and Article 24-2 of said Act shall be deemed to be replaced with "the president of the Japan Society for the Promotion of Science, Incorporated Administrative Agency"; and the term "the State" in paragraphs (1) and (2) of Article 19 of said Act shall be deemed to be replaced with "the Japan Society for the Promotion of Science, Incorporated Administrative Agency."

(Disposition of a Reserve Fund)

Article 18 (1) When the Society has settled an account pursuant to the provisions of paragraph (1) or paragraph (2) of Article 44 of the Act on General Rules for the final business year of the period for the mid-term target prescribed in Article 29, paragraph (2), item (i) of the Act on General Rules (hereinafter referred to as the "period for the mid-term target" in this paragraph), and then there remains a reserve fund under Article 44, paragraph (1) of said Act, the portion of the amount equivalent to the amount of the reserve fund that has been approved by the Minister of Education, Culture, Sports, Science and Technology may be appropriated for the duties prescribed in Article 15 during the next period for mid-term target following said period for mid-term target, in accordance with the mid-term plan permitted as set forth in Article 30, paragraph (1) of the Act on General Rules for said next period for mid-term target (when having obtained permission for a change pursuant to the provisions of the second sentence of said paragraph, in accordance with the mid-term plan after the change).

(2) When the Minister of Education, Culture, Sports, Science and Technology intends to grant approval pursuant to the provisions of the preceding paragraph, he/she shall hear the opinions of the Evaluation Committee for Incorporated Administrative Agencies of the Ministry of Education, Culture, Sports, Science and Technology and consult with the Minister of Finance, in advance.

(3) When there remains any surplus after deducting the amount approved pursuant to the provisions of paragraph (1) from the amount equivalent to the amount of the reserve fund prescribed in said paragraph, the Society shall pay the remaining surplus to the national treasury.

(4) In addition to what are provided for in the preceding three paragraphs, the procedures for making payment and other necessary matters concerning the disposition of a reserve fund shall be specified by Cabinet Order.

Chapter V Miscellaneous Provisions

(Competent Minister, etc.)

Article 19 The competent minister, competent ministry, and ordinance of the competent ministry in the Act on General Rules applicable to the Society shall be the Minister of Education, Culture, Sports, Science and Technology, the Ministry of Education, Culture, Sports, Science and Technology, and Ordinances of the Ministry of Education, Culture, Sports, Science and Technology, respectively.

Article 20 Deleted.

(Exclusion of Application of the National Public Officers' Housing Act)

Article 21 The provisions of the National Public Officers' Housing Act (Act No. 117 of 1949) shall not apply to the officers and employees of the Society.

Chapter VI Penal Provisions

Article 22 In cases falling under any of the following items, officers of the Society who have committed the relevant violation shall be punished by a non-penal fine of not more than 200,000 yen:

(i) having failed to obtain permission or approval of the Minister of Education, Culture, Sports, Science and Technology where such permission or approval is required pursuant to the provisions of this Act; or

(ii) having performed duties other than those prescribed in Article 15.

Article 23 Any person who has violated the provisions of Article 7 shall be punished by a non-penal fine of not more than 100,000 yen.

Supplementary Provisions [Extract]

(Effective Date)

Article 1 This Act shall come into effect as of the day of promulgation; provided, however, that the provisions listed in the following items shall come into effect as of the day specified in the relevant items:

(i) the provisions of Article 3 to Article 5, Article 7, and Article 8 of the Supplementary Provisions: October 1, 2003; and

(ii) the provisions of Article 9 of the Supplementary Provisions: October 1, 2003, or the day of enforcement of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. (Act No. of 2002), whichever comes later.

(Dissolution, etc. of the Former Japan Society for the Promotion of Science)

Article 2 (1) The former Japan Society for the Promotion of Science (hereinafter referred to as the "Former Society") shall dissolve at the time of the establishment of the Society, and the Society shall succeed to all the rights and obligations of the Former Society as of the time, except for the assets that the State succeeds to pursuant to the provisions of the following paragraph.

(2) Out of the rights owned by the Former Society as of the time of the establishment of the Society, assets other than those that are necessary for the Society to surely perform its duties shall be succeeded to by the State as of the time of the establishment of the Society.

(3) The scope of the assets that the State succeeds to pursuant to the provisions of the preceding paragraph and other necessary matters concerning the succession of said assets by the State shall be specified by Cabinet Order.

(4) The Former Society's business year that starts from April 1, 2003, shall end on the day preceding the date of the dissolution of the Former Society.

(5) With regard to the settlement of accounts, the inventory of assets, balance sheet, and profit and loss statement for the Former Society's business year that starts from April 1, 2003, the provisions then in force shall remain applicable. In this case, the time limit of said settlement shall be the day on which two months have elapsed from the date of the dissolution.

(6) When the Society has succeeded to the rights and obligations of the Former Society pursuant to the provisions of paragraph (1), the amount obtained by subtracting the amount of liabilities from the value of the assets to be succeeded to by the Society upon the succession (excluding the amount equivalent to the funds set forth in Article 4 of the former Act on Japan Society for the Promotion of Science (Act No. 123 of 1967) prior to the abolition under the following Article) shall be deemed to have been contributed to the Society by the government.

(7) The value of the assets set forth in the preceding paragraph shall be the value evaluated by evaluation committee members on the basis of prevailing prices as of the date of the establishment of the Society.

(8) Evaluation committee members set forth in the preceding paragraph and other necessary matters concerning evaluation shall be specified by Cabinet Order.

(9) Matters concerning the registration of dissolution upon the dissolution of the Former Society under paragraph (1) shall be specified by Cabinet Order.

(Funds)

Article 2-2 (1) In order to intensively promote innovative research, which will be the basis for the future development of the economy and society of Japan, and the dispatch of capable researchers overseas, the Society shall establish the funds specified in the following items so as to appropriate them for expenses required for duties listed in the relevant items, using subsidies granted under the first general account supplemental budget for FY2009, only during the period up to March 31, 2014:

(i) out of the duties listed in Article 15, item (i), those for assisting the comprehensive and systematic promotion of innovative research and other incidental duties: Innovative Research Assistance Fund; and

(ii) out of the duties listed in Article 15, item (iii), those for dispatching capable researchers overseas and other incidental duties: Overseas Researcher Dispatch Fund.

(2) The interests and other income arising from the operation of the Innovative Research Assistance Fund and the Overseas Researcher Dispatch Fund shall be appropriated for these funds, respectively.

(3) The provisions of Article 47 and Article 67 (limited to the part pertaining to item (iv)) of the Act on General Rules shall apply mutatis mutandis to the operation of the Innovative Research Assistance Fund and the Overseas Researcher Dispatch Fund. In this case, the term "monetary trusts" in Article 47, item (iii) of the Act on General Rules shall be deemed to be replaced with "monetary trusts with a contract clause for compensation for principal loss."

(4) In cases where the Society abolishes the Innovative Research Assistance Fund and the Overseas Researcher Dispatch Fund and there remains any surplus in these funds, the Society shall pay the remaining surplus to the national treasury, as specified by Cabinet Order.

(Statement of Operational Procedures)

Article 2-3 (1) When the Minister of Education, Culture, Sports, Science and Technology intends to grant approval with regard to a statement of operational procedures under Article 28, paragraph (1), of the Act on General Rules (limited to the part pertaining to the duties listed in paragraph (1), item (i), of the preceding Article (limited to the duties to appropriate the Innovative Research Assistance Fund for expenses required therefor; hereinafter referred to as the "duties to assist innovative research"); the same shall apply in the following paragraph), he/she shall consult with the heads of the relevant administrative organs and hear the opinions of the Council for Science and Technology Policy, in advance.

(2) When the Minister of Education, Culture, Sports, Science and Technology intends to establish an Ordinance of the Ministry of Education, Culture, Sports, Science and Technology concerning the matters to be stated in a statement of operational procedures, pursuant to the provisions of Article 28, paragraph (2) of the Act on General Rules, he/she shall consult with the heads of the relevant administrative organs and hear the opinions of the Council for Science and Technology Policy, in advance.

(Mid-term Target and Mid-term Plan)

Article 2-4 (1) When the Minister of Education, Culture, Sports, Science and Technology intends to set a mid-term target (limited to the part pertaining to the duties to assist innovative research) or to change such target, pursuant to the provisions of Article 29, paragraph (1) of the Act on General Rules, he/she shall consult with the heads of the relevant administrative organs and hear the opinions of the Council for Science and Technology Policy, in advance.

(2) When the Minister of Education, Culture, Sports, Science and Technology intends to grant approval with regard to a mid-term plan (limited to the part pertaining to the duties to assist innovative research) under Article 30, paragraph (1) of the Act on General Rules, he/she shall consult with the heads of the relevant administrative organs and hear the opinions of the Council for Science and Technology Policy, in advance.

(Separate Accounting)

Article 2-5 The Society shall separate the accounting for each of the following duties and prepare an account for each of them:

(i) duties to assist innovative research; and

(ii) the duties listed in Article 2-2, paragraph (1), item (ii) of the Supplementary Provisions (limited to duties to appropriate the Overseas Researcher Dispatch Fund for expenses required therefor; hereinafter referred to as the "duties to dispatch researchers overseas").

(Application Mutatis Mutandis of the Act on Regulation of Execution of Budget Pertaining to Subsidies, etc.)

Article 2-6 The provisions of the Act on Regulation of Execution of Budget Pertaining to Subsidies, etc. (including penal provisions) shall apply mutatis mutandis to funds granted by the Society as the duties to assist innovative research or the duties to dispatch researchers overseas. In this case, the term "the heads of ministries and agencies" in said Act (excluding Article 2, paragraph (7)) shall be deemed to be replaced with "the president of the Japan Society for the Promotion of Science, Incorporated Administrative Agency"; the term "the State" in Article 2, paragraph (1) (excluding item (ii)), Article 2, paragraph (4), item (i) Article 7, paragraph (2), paragraphs (1) and (2) of Article 19, Article 24, and Article 33 of said Act shall be deemed to be replaced with "the Japan Society for the Promotion of Science, Incorporated Administrative Agency"; the term "fiscal year of the State" in Article 14 of said Act shall be deemed to be replaced with "business year of the Japan Society for the Promotion of Science, Incorporated Administrative Agency"; and the term "organs of ministries and agencies" in Article 26, paragraph (1) of said Act shall be deemed to be replaced with "organs of the Japan Society for the Promotion of Science, Incorporated Administrative Agency."

(Report, etc. to the Diet)

Article 2-7 (1) The Society shall prepare a report on the duties to assist innovative research and the duties to dispatch researchers overseas every business year, and submit the report to the Minister of Education, Culture, Sports, Science and Technology within three months after the end of the relevant business year.

(2) When the Minister of Education, Culture, Sports, Science and Technology has received the submission of a report set forth in the preceding paragraph, he/she shall report this to the Diet, attaching his/her opinions thereon.

(Non-penal Fine)

Article 2-8 In cases where the Innovative Research Assistance Fund or the Overseas Researcher Dispatch Fund has been operated in violation of the provisions of Article 47 of the Act on General Rules as applied mutatis mutandis pursuant to Article 2-2, paragraph (3) of the Supplementary Provisions, officers of the Society who have committed the relevant violation shall be punished by a non-penal fine of not more than 200,000 yen.

(Repeal of the Former Act on Japan Society for the Promotion of Science)

Article 3 The former Act on Japan Society for the Promotion of Science shall be repealed.

(Transitional Measures upon the Repeal of the Former Act on Japan Society for the Promotion of Science)

Article 4 Disposition, procedures, and other acts that have been made, prior to the enforcement of the provisions of the preceding Article, pursuant to the provisions of the former Act on Japan Society for the Promotion of Science (excluding Article 10 and Article 19) prior to the repeal under the preceding Article, shall be deemed to be disposition, procedures, and other acts that have been made pursuant to the corresponding provisions of the Act on General Rules or this Act.

Article 5 With regard to the application of penal provisions to acts conducted prior to the enforcement of the provisions of Article 3 of the Supplementary Provisions and acts conducted after the enforcement of this Act pertaining to the matters for which the provisions then in force shall remain applicable pursuant to the provisions of Article 2, paragraph (5) of the Supplementary Provisions, the provisions then in force shall remain applicable.

(Delegation to Cabinet Order)

Article 6 In addition to what are provided for in Article 2, Article 4, and the preceding Article of the Supplementary Provisions, transitional measures necessary upon the establishment of the Society and other transitional measures concerning the enforcement of this Act shall be specified by Cabinet Order.

Supplementary Provisions [Act No. 130 of June 23, 2004] [Extract]

(Effective Date)

Article 1 This Act shall come into effect as of October 1, 2004; provided, however, that the provisions listed in the following items shall come into effect as of the day specified in the relevant items:

(ii) the provisions of Article 2, Article 7, Article 10, Article 13, and Article 18, and Articles 9 to 15, Articles 28 to 36, and Articles 38 to 76 of the Supplementary Provisions: April 1, 2005.

Supplementary Provisions [Act No. 60 of June 26, 2009] [Extract]

This Act shall come into effect as of the day of promulgation.