A part of the Law Concerning the Regulations governing the Organization of Tokyo Metropolis shall be amended as follows:
In Contents: "Chapter IV Government and Public officials of the Metropolis shell read
"Chapter IV Government and Public officials of the Metropolis
Section 1 Organization, Election and Appointment and Dismissal. and
Section 2 Official Duties and Powers."
"Section 1. Ward" shall read
Section 1. Ward Sob
Section 1. Word and its area
2. Ward residents and their rights and duties
3. Ward by-law and Ward regulations
5. Government and Public officials belonging to the Ward and Ward Officers
In Art. 3. par. 1 and 2, "upon calling for the views" shall read "upon obtaining the decision.
Art. 6. The inhabirants of the Metropolis who are Japanese citizens (to be called the citizens of the Metropolis) have the right to participate, under the provisions of this law, in the election of the Metropolis,
Art. 7. The Citizens of the Metropolis have the right to demand in accordance with the provisions of this Law, the legislation of Metropolitan By-laws or Metropolitan Regulations.
The Citizens of the Metropolis have the right to demand in accordance with the provisions of this law, the inspection of the affairs of the Metropolis.
Art. 8. The citizens of the Metropolis have the right to demand in accordance with the provisions of this law, the dissolution of the Metropolitan Assembly,
The Citizens of the Metropolis have the right to demand in accordance with the provisions of this law the dismissal of a Governor General of the Metropolis, an Inspection Commissioner, a member of the Metropolitan assembly or a member of the electoral Administration committee for the election of the member of the Metropolitan Assembly.
In Art. 1. par. 3 "one hundred persons" shall read "one hundred and twenty persons."
In Art, 11. par. 2 the area of Jurisdiction of chief of Local Administrative Office or chiefs of Branch of Local Offices " shall read " the area which was formerly under the Jurisdiction of the Chief of a Sub-prefecture or the Administrator of an island".
And in par, 3 of the same Art. "The ward with an adjacent district" shall read "several districts" and next to par. 4 of the same Art., the following paragraph shall be added. The electional district to which an elector shall belong shall be determined according to his domicile, For any person who has the right to vote under the provisions of Art. 13, par. 2, but who has no domicile in the Metropolis, the Electoral Administration Committee for the election of the members of the Metropolitan Assembly shall designate his electional district upon the application, by the said person, and in the absence of such application, it shall desiguate the electoral district by virtüe of its authority. Art. 13 Anv citizen of the Metropolis over 20
In par. 5 of the same Art, "the preceding two paragraphs shall read par. 3 and par. 4.
Art. 13 Any citizen of the Metropolis over 20 years of age, who has been domiciled in the Metropolis since shall have the right to vote, provided June, that this shall not apply to the person who comes under any of the following items.
1. A person adjunct incompetent or quasi-incom petent.
2. A person who has been sentenced to penal servitude or imprisonment of over six years,
3. A person who, after having undergone or crased to undergo the execution of penal servitude of less than six years to which he has been sentenced on charge of any of the offences specified in Chaps, 1, 3, 9, 16 to 21 inclusive 25, or 36-39 inclusive of the Criminal Code: Book II. has not passed a period corresponding to twice the length of his tern of punishment, provided that when such a period is less than five years, it shall be deemed five years.
4. A person who has been sentenced to imprisonment for less than six years or who has been sentenced to penal servitude for less than six years on charge of any offences other than those specified in the preceding item and has not yet undergone or has ceased to undergo the execution of the said punishment, notwithstanding the conditions relative to domicile provided for under the preceding paragraph, the Metropolis may grant the right to vote, after obtaining the decision of the Board of Aldermen of the Metropolis, to any person in a special relation with the Metropolis upon his application.
In this case, the Metropolis shall notify the city, town or village in which the said person resides.
Any person who has been granted the right to vote under the provisions of the preceding paragraph shall not exercise his right to vote even in cases where under the provisions of the Law for the Regulations governing the Organization of Prefectures, the Law for the regulations governing the Organization of Towns and Village, he has a right to vote in that city, town or village wherein he is domiciled.
The period of six months referred to in par.1 shall not be interrupted by any alterations in the boundaries of the Metropolis.
In Art.14, par.1, "Any citizen of the Metropolis who possesses the right to vote." shall read, "any person who has the right to vote and is over 25 years of age" in par.3 of the same Art. "election business" shall read "Members of Electoral Administration Committee for the election of the members of the Metropolitan Assembly, Members of Electoral Administration Committee for the election of members of the ward, city, town or village assembly (in the case of a town or village referred to in Art, 38 of the Law concerning the regulations governing the organization of Town and Village, the Electoral Administration committee for the election of the mayors of towns and villages, the same shall apply hereinafter), the clerks, the superintendents of the poll, the superintendents of vote-opening, and the presiding officer of election of the Electoral Administration Committee for the election of the members of the Metropolitan assembly and the electoral administration Committee for the election of the members of the ward, city, town or village assembly (in the case of a town or village referred to is Art, 38 of the Law concerning the Regulations governing the organization of Town and Village, the electoral administration Committee for the election of the mayors of towns and villages, the same hereafter), and election business." In pat.4 of the same Art, "teachers" shall be deleted, and in par.5 of the said Art. "members of the House of Representatives" shall read "members of the Imperial Diet."
Art.15, par.1, shall be deleted and in par.2 of the same Art, "members" shall read "members of the Metropolitan Assembly."
In Art.16, par, 2, "one-Sixth" shall read "one-tenth" and next to "Governor-General of Metropolis" shall be added "or the Metropolitan Assembly" and in par.3 of the same Art. "one-sixth" shall read "one-tenth" .
Art.16-(2). An electoral administration Committee for the election of the members of the Metropolitan Assembly shall be established in the Metropolis (in this Chapter it shall be referred hereinafter as the electoral Administration Committee).
The Electoral Administration Committee shall be composed of six committee members of Electoral Administration Committee for the election of the members of the Metropolitan Assembly (in this Chapter it shall be referred hereinafter as committee members of Electoral Administration Committee).
Art, 16-(3). The committee member of the Electoral Administration Committee, shall be elected, at a meeting of the Metropolitan Assembly, from among those who have the right to vote at the election of the members of the Metropolitan Assembly.
The Metropolitan Assembly shall elect the same number of reserve members as that of the actual members.
When there is a vacancy in the committee members, the chairman of the Electoral Administration Committee shall fill the vacancy by one of the reserve members. The procedure in filling the vacancy, shall be in accordance with the order in which the elections are held, when the elections are held at the same time, it shall be in accordance with the number of votes obtained, and when the number of votes obtained are equal, it shall be decided by the drawing of lots, and when there is still a vacancy, there shall be an extraordinary election of the reserve members, notwithstanding the provision of par.4.
The members of the Committee and the reserve members thereof shall be elected every second year.
A member of the Committee shall remain in office until the assumption of office by his successor.
A member of he Committee shall not lose his right to exercise his function until the disposition under the provisions of Art.97, is conformed or a judgement is delivered in connection with his election.
Art.16-(4). The Electoral Administration committee shall administer those affairs pertaining to the election of members of the Metropolitan Assembly and other elections, in accordance with the provisions of laws and ordinances.
The Electoral Administration Committee shall direct and supervise the electoral administration committee for the election of the members of the ward, city, town or village assembly in respect of such matters which concern the election of the members of the Metropolitan Assembly.
Art.16-(5). The Electoral Administration Gommittee shall elect a chairman from among its members.
The Chairman shall preside over the affairs relative to the committee, and shall represent the Committee.
Art.16-(6). A meeting of the member of the electoral Administration committee shall be called by the Chairman. When a demand is made by a member for the convocation of the Committee, the Chairman shall call a meeting thereof.
Art.16-(7). The Electoral Administration Committee shall not open a conference unless three or more members are present.
When the number of the members of the committee has been reduced under the provisions of Par.3 so that it is unable to obtain the number referred to in the preceding paragraph, the Chairman shall temporarily fill the vacancies with reserve members who have no connection with the affair in question, in the order as prescribed in Art.16-(3), par.3, The same shall apply when the number prescribed in the preceding paragraph, is not attained due to the disabilities of member or members.
The Chairman and the members of the Committee shall not be allowed to participate in proceedings of any affair which personally concern themselves, or their parents grand-parents, spouses, descendants or brothers or sisters provided that they may attend and speak at the meeting when the consent of the Committee is obtained.
Art.16-(8). The proceedings of a meeting of the Electoral Administration Committee, shall be decided by a majority of the members of the Committee. In case of a tie, the decision shall be left to the Chairman.
Art.16-(9). The Electoral Administration committee shall have same clerks. They shall attend to business concerning the Committee under the direction of the Chairman.
The clerk shall he appointed or dismissed by the Chairman.
Art.16-(10). Matters necessary in connection with the Electoral Administration Committee other than those provided for in this law shall be determined by the Committee.
Art.16-(11). The election of the members of the Metropolitan Assembly shall be conducted in accordance with the electors'list for the election of the members of the House of Representatives and the Supplementary electors'list.
Th age of a voter shall be computed as of the date on which the electors'list referred to in the preceding paragraph is confirmed.
Art.17. The Electoral Administration Committee for the election of the members of the ward, city, town or village assembly, shall make up a supplementary electors'list, as of September 15 of each rear.
In the supplementary electors'list, shall be registered those persons who have the right to vote at the election of the members of the Metropolitan Assembly but who cannot be registered in the electors'list for the election of the House of Representatives in their ward, city, town or village.
In the supplementary electors'list, the name, address, and date of birth of each voter, shall be entered.
In Art.18, par.1, "Chief of ward, mayor of city, headman of town or village" shall read "Electoral Administration Committee for the election of members of the the ward, city, town or village assembly," "electors'list" shall read "supplementary electors'list" and in para.2. of the same Article, "chief of ward, mayor of city, headman of town or village" Shall read "Electoral Administration Committee for the election of the members of the ward, city, town or village assembly."
in Art.19, par.1, "electors'list" shall read "supplementary electors'list," "chief of ward, mayor of city, headman of town or village" shall read "Electoral Administration Committee for the election of the members of ward, city, town or village assembly," and in par.3 of the same Article, "chief of ward, mayor of city, headman of town or village" shall read"electoral administration committee for the election of the members of the ward, city, town or village assembly.
in Art.20, par.1, "electors'list" shall read "supplementary electors'list" , and in par.3 and par.4 of the same Article "chief of ward, mayor of city, headman of town or village" shall read "Electoral Administration Committee for the election of the members of the ward, city, town or village assembly."
in Art.21, par.2 "Governor-General of Metropolis" shall read "Electoral Administration Committee" .
In Art.22, par.1, "Governor-General of Metropolis" shall read "Electoral Administration Committee" and par.2 of the same Article shall be amended as follows.
When it is unable to carry out polling on account of a natural calamity or other unavoidable cotingencies or it is necessary to carry out another polling, the Superintendent of the poll shall submit a report thereof, through the presiding officer of election, to the Electoral Administration Committee. In this case, the committee shall stipulate another date and have the polling executed, provided that such date shall be announced at least five days in advance.
In Art.23, par.2, next to "when he intends to" shall read"shall with the approval of the person concerned file and next to par.3 of the same Article. the following paragraph shall be added.
When a person becomes a candidate in one electoral district, he shall not apply for candidacy or accept a recommanded candidature in another electoral district.
in par.5 of the same Article, "the preceding four paragraphs" shall read "par.1 to par.3, inclusive and the preceding paragraph" .
In Art.25, par.2, "Governor-General of Metropolis" shall read "Electoral Administration Committee" and "and make or combine the district of several towns or villages into one polling district" shall be deleted.
Art.26, par.1 shall be amended as follows:
The post of superintendent of the poll shall be filled by a person appointed by the Electoral Administration Committee for the election of the members of the ward, city, town or village assembly from among those who have the right to vote at the election of the members of the Metropolitan Assembly.
The super-intendent of the poll shall attend to business pertaining to polling.
Art.27, par.3 shall be amended as follows.
The polling witness shall not be permitted to resign from his post without justifiable reason.
In Art.29, par.8, "Governor-General of Metropolis" shall be read "Electoral Administration Committee" .
Art.34. Except the case where the superintendent of the poll is the superintendent of vote opening, the superintendent of the poll shall send to the superintendent of vote opening the ballot boxes, minutes of the poll and the electors'list at the date of polling accompanied by the voting witnessed designated by him.
In Art.35. "Governor-General of Metropolis" shall read "Electoral Administration Committee" and "election meeting" shall read "vote-opening" .
In Art.35-(2). The vote-opening district shall be in accordance with the district of the ward, city, town or village.
When the Electoral Administration Committee deems that there is a special reason, it may divide the districts of ward or city into several vote-opening districts or combine the districts of several towns or villages into the vote-opening district.
Necessary matters in cases where vote-opening districts are set up, in accordance with the provisions of the preceding paragraph shall be determined be ordinance.
Art.35-(3). The post of the superintendent of vote-opening shall be occupied by a person appointed by the Electoral Administration Committee for the election of the members of the ward, city, town or village assembly from among those who have a right to vote at the election of the members of the Metropolitan Assembly.
The superintendent of vote-opening shall attend to business pertaining to vote-opening.
The vote-opening place shall be established at the ward office, city office, town or village office or any place which the superintendent of vote-opening may designate.
The superintendent of vote-opening shall make an announcement beforehand of the place date and time of vote-opening.
Art.35-(4). The provisions of Art.27 shall be applied mutatis mutandis to the vote-opening witnesses.
Art.35-(5). Vote-opening shall be effected at the date of voting or on the following day (In case there are several polling districts in one vote-opening district, the day on which all the ballot-boxes are received or on the following day).
Art.35-(6). The superintendent of vote-opening shall open the ballot box in the presence of vote-opening witnesses and first examine such votes as come under the provisions of Art.31, par.2 and 4. and the acceptance of such votes shall be determined by calling upon the views of the witnesses.
The superintendent of vote-opening, together with the vote-opening witnesses, shall inspect the ballot in each of the areas of a ward, city, town or village, or in each of such areas as may be determined by the Electoral Administration Committee.
When an inspection of the ballot is finished, the superintendent of vote-opening shall at once make a report of the result to the presiding officer of election.
When the superintendent of vote-opening has made the report provided for in the preceding paragraph, he shall at once return the electors'list to Electoral Administration Committee for the election of the members of the ward, city, town or village assembly.
Art.35-(7). An elector may request to inspect the opening of the votes at vote-opening place.
Art.35-(8). The validity of a ballot shall be determined by the superintendent of vote-opening after hearing the views of the vote-opening witnesses.
Art.35-(9). A ballot shall be invalid in the following cases.
1. A ballot which is not in accordance with the regular form.
2. A ballot on which the name of a person who is not a candidate, is written.
3. A ballot on which the names of more than one candidate, are written.
4. A ballot on which the name of a person who is ineligible for election is written.
5. A ballot on which matters other than the name of a candidate, are wirtten, provided that this shall not apply when the peerage, occupation, status, address or an honorific title is entered.
6. A ballot on which the name of a candidate is not written in the voter's own hand.
7. A ballot whereon the identity of the candidate is unascertainable.
8. A ballot on which the name of a person in the office of a member of the Metropolitan Assembly is written.
The provisions of the preceding paragraph item 8 shall be applied only in the case of those elections prescribed under the provisions of Art.16, Art.50 or Art.55, par.1 or 3.
Art.35-(10). The superintendent of vote opening shall make a minute-book of vote-opening, in which he shall enter the full particulars regarding vote-opening and append his signature thereto together with two or more vote-opening witnesses.
The minute-book of vote-opening, the minute-book of polling, the ballots and the electors'list used in the election of the members of the Metropolitan Assembly shall be preserved, during the term of office of the members, by the Electoral Administration Committee for the election of the members of the ward, city, town or village assembly.
Art.35-(11). In case a part of the election is made invalid and re-election is held, the validity of the ballot shall be decided.
Art.35-(12). The provisions prescribed in the text of Art.22, para.2, shall apply mutatis mutandis to vote-opening.
Art.35-(13). The provisions prescribed in Art.28, par.1 and 2, shall apply mutatis mutandis to the control of the vote-opening place.
Art.36, par.1, shall be amended as follows:
The post of presiding officer of election shall be filled by a person appointed by the Electoral Administration Committee, from among those who have the right to vote at the election of the members of the Metropolitan Assembly.
In par.3 of the same Art., "Local Administrative Office and Branch Offices" shall be deleted.
Art.39. The presiding officer of clection, shall, on the same day as he has received from all superintendents of vote-opening, the reports as prescribed in Art.35-(6), par.3, or on the following day, hold an election meeting, and examine such reports in the presence of the election witnesses.
When a report as prescribed in Art.35-(6), par.3 is received, in the case of a re-election being held result of invalidation of a part of clection, the presiding officer of election shall hold an election meeting in accordance with the example prescribed in the preceding paragraph, and along with the report of the other part, examine it once more.
The provisions prescribed in the text of Art.22, par.2 shall apply mutatis mutandis to an election meeting.
Art.42, and Art.43, deleted.
In Art.44, par.1, "one-fifth" shall read "one quarter" and in par.2, of the same Article "the elder shall be taken, and when the ages are the same," shall be deleted.
In Art.96, par.2, "Governor-General of Metropolis" shall read "Electoral. Adminisistration Committee."
Art.47, par.2 shall read as follows.
The minutes of the election meeting and the documents concerning report prescribed in Art.35-(6), par.3, shall be preserved during the term of office of the member by the Electoral Administration Cummittee.
Art.8, pars.1 to 3, inclusive, shall reed as follows:
When the successful candidates have shall been determined, the presiding officer of election shall immediately announce this fact to those elected. He shall, at the same time, make an announcement of their names and addresses, and report it to the Electoral Administration Committee together with the minutes of the election meeting. When no one has been elected, he shall immediately make an announcement thereof and report the fact to the committee, together with the minutes of the election meeting.
In the case contemplated in the preceding paragraph, the committee shall immediately, together with a copy of the minutes of the election meeting to the Governor General of Metroplis, a report stating the names, addresses of the successful candidates of the fact of the absence of successful candidates.
When a candidate is elected and receives an announcement to this effect, he shall within tendays, notify the committee as to whether or not be will accept his election.
Pars.5 to 7 inclusive of the same Article shall be amended as follows:
If the notification prescribed in par.3, is not effected within the period stipulated, he shall be regarded as having declined the election.
In Art.50, par.1, "one-sixth" shall read "one-tenth," next to "Governor-General of Metropolis" or the Metropolitan assembly "shell be added in the same paragraph item 2 shall be deleted;item 3 shall read item 2 and thereafter consecutively moved up and in par.2 of the same Art." item 4 "shall read item 3," in par.3 of the same Article, "item 5 or item 6" shall read "item 4 or item 5" and in par.6 of the same Art. "one-sixth" shall read "one-tenth."
Art.51. par.1 shall be amended as follows.
When an elected candidate accepts his election, the Electoral, Administration Committee shall report the fact thereof to the Governor-General of the Metropolis at the same time it shall give a certificate of election to the elected candidate and announce his name and address.
In par.2 of the same Art. "the governor of Metropolis shall immediately report this fact" shall read "The Electoral Administration Committee shall immediately report this fact to the Governor General of Metropolis;and at the same time shall announce thereof."
In Art.53, par.1 "Governor-General of Metropolis" shall read "eletoral Administration committee" in pars.2 to 4 inclusive of the same Art., "Governor-General of Metropolis" shall read "Committee" and in par.5 of the same Art. "Par.1" shall read "par.2" .
In Art.54, par.3 "election manager or a person who is not an election manager but is in actual fact a" shall be deleted.
In Art.55, pars.1 and 3 "Within three months" shall be deleted and par.5 of the same Art, shall be deleted.
Art.56, par.2 shall be deleted.
Art.56-(2). When, the public announcement of the date of election of the, Governor-General of the Metropolis has been made the election of the members of the Metropolitan assembly shall not be held until the date of the above election is passed.
When any cause for holding the election of the members of the Metropolitan Assembly arises and at the same time a cause for holding an Election of the Governor-General of Metropolis or an election of the Members of the House of Representatives arises, the election of the members of the Metropolitan Assembly shall not be held until the date for the election of the members of the House of Representatives or the Governor-General of Metropolis shall have passed.
In Art.58, par.1 "or when he is a person mentioned in Art.48, par.6" , "or whether or not he falls under par.6 of Art.48" and item 2 shall be deleted, item 3 shall read item 2 and item 4 shall read item 3.
In par.2 of the same Art., "or person falling under Art.48, par.6" shall be deleted.
Art.58-(2) The members of the Electoral Administration Committee, superintendent of the poll. superintendents of vote-opening or presiding officers of the election shall lose office, when they shall come to have no right to note at the election of members of the Metropolitan Assembly.
In the proviso of Art.59, next to "provided that" shall be added "public officials mentioned in Art.99 of the same law shall include, members of the Electoral Administration Committee, members of the electoral administration committee for the election of the members of the word, city, town or village assembly clerks, superintendents of the poll, superintendents of vote-opening and presiding officers of election of the electoral administration committee and the Electoral Administration Committee for the election of the members of the ward, city, town or village assembly" and "number of members of election committee, number of workers employed for election campaigns" shall be deleted.
Next to, Art.60, the following paragraph shall be added.
In addition to the matters provided for in the preceding paragraph, the Metropolis may, by virtue of the Metropolitan By-laws determine matters to be voted upon at the Metropolitan Assembly out of the various matters concerning the Metropolis.
Art.62-(2). The Metropolitan Assembly may inspect documents and statements of accounts relative to the affairs of the Metropolis and by demanding reports from the Governor-General of Metropolis, may control the business, carry the decisions into effect and examine the receipts and disbursements.
The Metropolitan Assembly may call on the inspectors to demand the inspection of the business of the Metropolis and demand the report of the result.
Art.68, pars.1&4 inclusive shall read as follows.
The sessions of the Metropolitan Assembly shall consist of regular sessions and extraordinary sessions.
Regular sessions shall be held six times or more every year.
Extraordinary sessions shall be held when necessary and only concerning that particular issue.
In par.6 of the same Article, "par.3 and the preceding paragraph" shall read "preceding two paragraphs" and pars.7 and 8 of the same Article shall read as follows.
Matters concerning terms of the session and its extension as well as the opening and closing thereof shall be provided for in the regulations governing the session of Art.84.
In Art.69, par.2, "14 days" shall read "7 days" and par.3 of the same Art. shall be deleted.
In Art.71, par.1 next to "proceedings" shall be added "of the members," par.2 of the same Article shall deleted.
In Art.72. "Wife" shall read "consort" .
In Art.73. par.1, "Art.43" shall read "Art.35-(9)" .
Art.74. The meeting of the Metropolitan Assembly shall be opened to the public, provided that this shall not apply when a motion for closing the galleries by the chairman or three or more members have been passed by majority of two-thirds of the members.
The motion of the chairman or the members in the proviso of the preceding paragraph, shall be decided without debate.
Art.82, par.2, shall read as follows:
The clerk shall be appointed or removed by the chairman.
In Art.83, par.3, "minutes of the meeting" shall read "copy of the minutes of the meeting."
Art.85, par.2, shall be deleted.
In Art.86, par.3, "the elder shall be taken and when the ages are the same" shall deleted, "and extraordinary supplementary election shall be held" shall read "an extraordinary election of the reserve members shall be held notwithstanding the provisions of par.4" and in par.4 of the same Article, "every second year" shall read "once every year" .
In Art.87. "Governor-General of Metropolis" shall read "chairman of the Metropolitan Assembly" .
In Art.88, par.1, item 2, "excluding important cases, those cases which come under the authority of the Metropolitan Assembly" shall read "cases which come under the authority of the Metropolitan Assembly and which are trivial" , in par.2 of the same Article, "important cases" shall read "cases which shall be voted upon by the Board of Aldermen, in accordance with regulations" .
Art.89, par.2 shall be deleted.
In Art.90, par.3, "wife" shall read "consort" .
Art.93. The provisions of Art.62 to 64 inclusive, Art.67, Art.68 par.6, Art.73, Art.75, Art.76, Arts.78 to 83 inclusive, and Art.84, par.1 shall be applied mutatis mutandis to the Board of Alderman.
Before Art.94 the following shall be added.
Section 1. Organization, election, appointment and dismissal.
Art.93-(2). the Metropolis shall have a Governor-General of Metropolis.
The term of office of the Governor-General of Metropolis shall be for four years and the term shall begin on the date of his election.
The Governor of Metropolis shall be elected by the electors from among those persons who have the right to be elected the Governor-General of Metropolis and shall be appointed to the post.
Art.93-(3). Any person who has a right to vote at the election of the members of the Metropolitan Assembly, shall have a right to vote at the election of the Governor-General of Metropolis.
Art.93-(4). Any person above 30 years of age who is Japanese citizen shall have the right to be elected Governor-General of the Metropolis.
Any person who comes under the provisions of the proviso of Art.13, par.1, shall not be eligible for election.
A member of the Imperial Diet shall not concurrently hold the office of the Governor-General of Metropolis.
A member of the Metropolitan Assembly, a paid official of the Metropolis and any other person on the staff of the Metropolis who is in office shall not concurrently hold the office of the Governor-General of Metropolis.
Art.93-(5). The election of the Governor-General of Metropolis shall be held within 25 days of the date prior to the expiration of the term of office of the present Governor-General of Metropolis.
When the office of the Governor-General of Metropolis is vacant the election of the Governor-General of Metropolis shall be held within 25 days after the vacancy has taken place. However, if the case has occurred within the period preserved in Art.48, par.3, applied mutatis mutandis of Art.93-(21), and there is a person who obtained the votes provided in the provision of Art.93-(10), par.1, or if the case occurred after the period has passed and there is a person who obtained the votes provided in Art.93-(10), par.2, the election meeting shall be forthwith held as the person to be elected shall be decided.
The provisions of Art.93-(12), par.3 shall be applied mutatis mutandis to the proviso of the preceding paragraph.
The provisions of Art.93-(17), par.4 shall he applied mutatis mutandis to the period prescribed in par.2.
Art.93-(6). Business pertaining to the election of the Governor General of the Metropolis shall be administered by the Electoral Administration Committee for the election of the members of the Metropolitan Assembly (hereafter called the Electoral Administration Committee in this chapter).
The election of the Governor-General of Metropolis shall be conducted according to the electors'list used for the election of the member of the Metropolitan Assembly.
The Electoral Administration Committee shall made an announcement of the time and date of polling 20 days prior to the date of election.
The polling district and the vote-opening district of the election of the Governor-General of Metropolis shall be according to the polling district and vote-opening district of the election of the members of the Metropolitan assembly.
Matters other that those provided for in this law which are necessary in connection with the polling district and vote-opening district shall be determined by Ordinance.
Art.93-(7). A person who intends to be a candidate for Governor-General of Metropolis shall file a notification to that effect, to the presiding officer of election between the date of announcement of the date of election and 7 days prior to the date of election.
When a person who is registered in the elector list intends to set up another person as candidate for Governor-General of Metropolis, he may file notification of recommendation within the period prescribed in the preceding paragraph.
In case the member of candidates for Governor-General of metropolis reported within the period referred to in the preceding two paragraphs exceeds two and any of the candidates for Governor-General of Metropolis dies or declines the candidacy after the expiration of the said period, a notification of candidacy or notification of recommendation may be filed in accordance with the procedure referred to in the preceding two paragraphs as to two days prior to the date of election.
A candidate for Governor-General of Metropolis may not decline his candidacy for Governor-General unless he files a notification with the presiding officer of election.
When a notification as prescribed in the preceding four paragraphs is received or the death of a candidate for Governor-General comes to his knowledge, the presiding officer of election shall immediatly make an announcement thereof.
Art.93-(8). Any person who intends to file a notification of candidature or notification of recommendation for the Governor-General of Metropolis, he shall be required to deposit a sum of 2,000 yen or national loan bonds corresponding thereto in face value for each candidate for Governor-General of Metropolis.
When the number of votes obtained by the candidate for Governor-General does not reach one-tenth of the valid votes the deposit provided for in the preceding paragraph shall belong to the Metropolis.
The provisions of the preceding paragraph shall apply mutatis mutandis to cases where a candidate for Governor-General of Metropolis has declined his candidature within ten days before the date of election, provided that this shall not apply in cases where a candidate has declined his candidature for Governor-General on account of his losing his eligibility for election.
Art.93-(9). The post of presiding officer of election shall be occupied by a person appointed by the electoral Administration Committee from among those who have the right to vote at the election of the Governor-General of Metropolis.
The presiding officer of election shall take charge of business pertaining to election meeting.
The election meeting shall be held at a place designated by the Metropolitan Office or the presiding officer of election.
The presiding officer of election shall give previous notice of the place time and date of the election meeting.
Art.93-(10). In the election of the Governor-General of Metropolis, the person who has gained the largest numher of valid votes shall be declared elected, provided that he shall have obtained more than three-eighth of the total number of valid votes.
In deciding the elected person, when the votes obtained are equal, the presiding officer of election shall determine by the drawing of lots.
Art.93-(11). In case the number of candidates for Governor-General of metropolis whose notifications were filed under the provisions of Art.93-(7), par.1 to 3 inclusive, is one, those shall be no polling.
When the polling becomes, unnecessary in accordance with the provisions of the preceding paragraph, the presiding officer of election, shall immediately make an announcement thereof and report at the same time, to the Electoral Administration Committee.
In the case of par.1, the presiding officer of election, shall call an election meeting within five days from the date of election and determine the candidate as elected.
In the case of the preceding paragraph, the matter of whether the candidate for Governor-General of Metropolis is eligible or otherwise, shall be determined by the presiding officer of election after hearing the views of the election witnesses.
Art.93-(12). In case a successful candidate comes under an item of the following reasons and if there is candidate to whom the provisions of par.2 are not applicable, another election shall be held within 25 days.
1. When he has declined to accept his election.
2. When he has lost his eligibility for election, in accordance with the provisions of Art.45 which is applied mutatis mutandis to the provisions of Art.93-(21).
4. When he has been sentenced to a penalty upon conviction of an offence in respect to the election, and the election of such person has become invalid except a case where public notice of election by reason of Art.93-(5), par.2 or of each of the preceding items has been made.
5. When the election of such person has become invalid in consequence of a public action provided for under Art.54 where the provision of Art.93-(21) are applied mutatis mutandis.
If, in cases where any of the events as stated in the items of the preceding paragraph, has occurred prior to the period stated in Art.48, par.3 which is applied mutatis mutandis to Art.93-(21), there is a person who obtained the votes as under the proviso of Art 93-(10), par.1 or after the period there is a person who obtained the votes, to whom the provisions of Art.93-(10), par.2 are applicable, an election meeting shall be held forthwith and the elected candidate shall be determined from among them.
In case of the preceding paragraph, if the person mentioned in the proviso in Art.93-(10), par.1 ceases to have the right to be elected after the deter of eletion, he shall not be determind as elected.
The provisions of Art.93-(17), par.4, shall be applied mutatis mutandis to the period mentioned in par.1.
Art.93-(13). In the election of the Governor-General of Metropolis when there is no candidate as prescribed in the proviso of Art.93-(10), par.1, notwithstanding the provisions of Art.93-(5), pars.1 and 2, par.1 of the preceding Article, Art.93-(13) par.1 and Art.93-(17) par.1 and 3, an election shall be held within ten days from the announcement of Art.48, par.1 which is applied mutatis mutandis to Art.93-(21). In this case, notwithstanding the provisions of Art.93-(7), pars.1 to 3 inclusive and Art.93-(8), two persons who have obtained the largest number of valid votes (in the deciding the two persons, when the number of votes obtained are equal the Electoral Administration Committee shall determine by drawing of lots) shall be the candidates for the Governor-General of metropolis.
In the election of the preceding paragraph, notwithstanding the provisions of Art.93-(6), par.3, the committee shall announce the time and date of polling seven days prior to the date of election.
In the election prescribed in par.1, notwithstanding the provisions of Art.93-(10), any person who obtains a majority of the valid votes, shall be declared elected.
When the number of votes obtained by the candidates for Governor-General mentioned in par.1 are equal, the presiding officer of election shall notwithstanding the provisions of the preceding paragraph determine the successful candidate by the drawing of lots.
Art.93-(14). When the candidate for Covernor-General of Metropolis mentioned in para.1 of the preceding Article by death or by declining the candidature for Governor-General reduces the number of candidates for Governor-General to one no polling shall be held.
The povisions of Art.93-(11), pars.2 to 4 inclusive shall be applied mutatis mutandis in the case prescribed in the preceding paragraph.
Art.93-(15). When the elected person men tioned in Art.93-(13), par.3 or par.4 falls under any of the reasons enumerated in Art.93-(12), par.1, and there is no one to whom the provisions of par.2 can be applied, another election shall be held within twenty five days.
In the case where the reasons stated in the preceding paragraph arise and there is a person to whom the provisions of Arc.93-(13), par.4 were applied, an election meeting shall be held forthwith, and the said person shall he determined elected.
In the case prescribed in the preceding paragraph, when the person to whom the provisions of Art.93-(13), par.4 were applied, comes to lose his eligibility for election after the date of election, he shall not be deemed to be elected.
The provisions of Art.93-(17), par.4 shall be applied mutatis mutandis to the period prescribed in par.1.
Art.93-(16). When an elected candidate accepts his election, the Electoral Administration Committee shall immediately announce the address and name of the elected person and report the matter to the Minister for Home Affairs.
When no one is elected, the Electoral Administration Committee shall announce the matter and report it to the Minister for Home Affairs.
Art.93-(17). When the invalidation of an election is confirmed, another election shall be held within 25 days.
When non-election of a candidate is confirmed an election meeting shall be held forthwith and the successful candidates shall be determined. In this case the provisions of Art.93-(12), par.3, shall be applied mutatis mutandis.
When there are no successful candidate or when events cause the absence of successful candidates, an election shall be held within 25 days.
The period referred to in par.1 and the preceding paragraph, in case the provisions of Art.93-(18), par.1 or Art.93-(19), par.1 or 3 are applied shall be computed from the day following the date at which the reason which prevented the holding of the election ceased to exist.
Art.93-(18). The election referred to in Art.93-(5), par.2, Art.93-(12) par.1, Art.93-(15), par.1, or par.1 or par.3 of the preceding Article, shall not be held during the period of protestation relative to the election or the return connected with, or while a decision or protest or a judgement on appeal is pending or while an appeal is being proceeded with.
The Governor-General of Metropolis shall not 1ose his office until the decision or judgement concerning the election or return is made or a verdict is given.
Art.93-(19). In case a notice is given of the electron of the members of the Metropolitan assembly, the election of the Governor-General of the Metropolis shall not be held until after the date of such election has passed.
In case a cause for holding the election of the Governor-General of the Metropolis occurs and at the same time also a cause for holding the election of the members of the House of Representatives arises the election of the Governor-General of Metropolis shall not be held until after the date of election of the members of the House of Representatives has passd.
Art.93-(20). The provisions of chaps.10 and 11, Art.140, pars.2 to 4 inclusive, Arts,142 and 147 of the law for the Elecion of the Members of the House of Rcpresentatives, shall apply mutatis mutandis to the election of the Governor of the Metropolis, provided that the officials in Art.99 of the same law, shall include Electoral Administration Committee for the Election of Members of the Metropolitan. Assembly, Electoral Administration Commitee for the election of the members of the ward, city, town or village assembly, clerks, superintendents of the poll, superintendents of vote opening, presiding officer of election of the Electoral Administration Committee and of the Electoral Administration committee for the election of the members of the ward, city, town, or village assembly, and the matter pertaining to the amount of election campaign expenses per candidate for Governor-General shall be determined by an Imperial Ordinance.
Art.93-(21). The provision of Art.14, pars. and 3, Art.22, par.2, arts.26 to 35 inclusive, Arts.35-3 to 35-(8) inclusive, Art.35-(9), par.1, items 1 to 7 inclusive, Arts.35-(16) to 35-(13) inclusive, Arts.38 to 41 inclusive. Arts.45, Art.47 and Art.48, the text of Art.52, Art.53, par.1 to 5 inclusive, Art.54 and Art.58-(2)(excluding the part concerning the Electoral Administration Committee) shall apply mutatis mutandis to the election of the Governor-General of Metropolis, provided that in Art, 27, par.2 "three" shall be "two" in the election mentioned in Art.93-(13), par.1, "Governor-General of metropolis" mentioned in Art.48 par.2 shall be the Ministry for Home Affairs and in Art.53, par.1, "Art.51, par 2" shall read Atr, 93-(16), par.2, "in the election held in accordance with Art.93-(13), par.1 the dare of election or dart of announcement" shall read "these dates pertaining to the election referred to in Art.93-(13), par.1," and in Art.54, par.5, "par.7 of the preceding paragraph shall read" Art.93-(18), par.2,"and the provisions of Art.48, par.4 shall not be applicable to the Governor-General of Metropolis, actually in office and who has been elected.
Art.93-(22). Matters other than those provided for in the present Law shall, as far as the government officials of the metropolis are concerned, be determined by Imperial Ordinance.
Art, 93-(23). There shall be inspector in the Metropolis.
The inspectors shall be officials of the Metrorpolis and the fixed number shall be 6 persons.
The term of office of the inspectors shall be two years.
The term of office of the inspector appointed from among the members of the members of the Metropolitan Assembly, shall not exceed the term of office of the member of the Assembly, notwithstanding th provisions of the preceding paragraph, provided that until the appointment of a successor, he shall not be prevented from executing his function.
Inspectors shall be selected in equal number from among the members of the Metropolitan assembly and persons with learning and experience, by the Governor-General of Metropolis with the consent of the Metropolitan Assembly.
Matters which are necessary concerning the inspectors other than those stipulated in this Law shall be provided for in the by laws of the Metropolis.
Art.93-(24). The Governor-General of Metropolis or the inspector shall not be permitted to contract for work with the Metropolis or be a person who undertakes a contract work with the Governor-General of Metropolis or with a person who has been delegated by the Governor-General of Metropolis regarding enterprises whose expenses are borne by the Metropolis and the manager of such person or a partner with unlimited liability, director, auditor, or a person holding a corresponding part, liquidator or manager of a juridical person who mainly performs the same act.
An inspector shall not be permitted to hold concurrently a post mentioned in Art.14 par.2 or 4.
Arr.93-(25). The Metropolis shall have accountants for the Metropolis, who shall be appointed by the Governor-General of Metropolis from among the Government official and officials mentioned in Art.93-(29).
Art.93-(26). The Metropolis may have councillors.
The counsellors shall be officials of the Metropolis.
The counsellors shall be appointed by the Governor-General of Metropolis, with the consent of the Metropolitan Assembly from among learned and experienced citizen of the Metropolis.
Matters necessary regarding the counsellors other than those provided for in this law, shall be prescribed in the bye-laws of the Metropolis.
Art.93-(27). The Metropolis may have a permanent or temporary committee.
The members of the committee shall be officials of the Metropolis.
The members of the Committee shall be appointed by the Governor-General with the consent of the Metropolitan Assembly from among the members of the metropolitan Assembly and other learned and experienced persons.
Arr.93-(28). When the Governor-General of Metropolis ceases to be eligible for election, he shall lose his office.
When an inspector or a counsellor comes to fall under the proviso of Art.13, par.1, he shall lose his office.
When an inspector or a counsellor is sent up for preliminary examination or trial on a charge of a crime deserving a punishment heavier than imprisonment, the Governor-General of Metropolis may cause the exercise of the person's function to be suspended. In such a case the payment of remuneration or salary for the period of suspension shall not be made.
Art.93-(29). The Metropolis may have necessary officials of the Metropolis in addition to those provided for in this law.
The officials of the Metropolis referred to in the preceding paragraph shall be appointed or dismissed by the Governor-General of Metropolis.
Art.93-(30). In addition to those stipulated in the present Law, matters necessary in connection with the organization, appointment, limitation of authority, salary of the officials of the Metropolis shall be determined by ordinance.
Section 2. Duties and Powers
Art.94-(2). When a demand is made to the Governor-General of Metropolis for the legislation of Metropolitan bye-laws or Metropolitan regulations which require to be subjected to the resolution of the Metropolitan Assembly from the representatives with the joint signatures of more than one fiftieth of the total number of persons who have a right to vote at the election of the members of the Metropolitan Assembly, the Governor-General of metropolis shall call a meeting of the Metropolitan Assembly within 20 days and bring the original bill with his opinions attached thereto before it for decision.
In the case of the preceding paragraph, the Governor-General of the Metropolis, may amend the original bill in so far as the amendment is not, in his opinion contrary to the purport of the original bill and attaching the original bill thereto, bring it before the Metropolitan Assembly for decision.
When a demand is made by the Metropolitan Assembly, the Governor-General may cause the representatives referred to in par.1 or their deputies to present themselves at the meeting and give an explanation of the original bill.
The persons who have the right to vote in the election of the members of the Metropolitan Assembly mentioned in par.1, shall be those persons who have been registered on the electors'list for use in the election of the Metropolitan Assembly on the day on which the said list becomes final.
The number amounting to one fiftieth of the total number of persons who have a right to vote at the election of the members of the Metropolitan Assembly mentioned in par.1 shall be announced forthwith by the Governor-General of Metropolis after the electors'list mentioned in the preceding paragraph, is made final.
All necessary matters concerning par.1, shall be determined by ordinance.
In Art.96, par.1, "50 yen" shall reed "500 yen" in par.2, of the same article, "salary" shall read remuneration or salary".
The proviso of Art.97, par.1, is deleted;in par.3 of the same Article, "preceding two articles" shall read "preceding Article" , and in par.4 of the same Article, "par.1 and" shall be deleted.
The proviso of Art.98, par.1 shall be deleted.
Art.98-(2). When a resolution of non-confidence in the Governor of Metropolis is passed in the Metropolitan Assembly, the Governor-General of Metropolis may dissolve the Metropolitan Assembly within ten days.
In the case of dissolution of the Metropolitan Assembly, the members thereof shall be elected within two months.
When in the case of a resolution of non-confidence in the Goveror-General of the Metropolis being passed in the Metropolitan Assembly and the dissolution mentioned in par.1 is not carried out or at a meeting of the Metropolitan Assembly unvoked for the first time after a dissolution a resolution of non-confidence in the Governor-General of Metropolis is passed again, the Governor-General of Metropolis shall be required to resign from office.
In respect of the resolution contemplated in par.1 and the preceding paragraph, more than two thirds of the total number of the members, shall be required to be present, and the assent of more than three quarters of those present.
In Art.99, par.5 and Art.100, par.1 "shall made a report" shall read "shall make report, and its approval shall be obtained" .
Art.102-(2). The inspectors shall inspect the prosecution of the control of works managed by the Metropolis, receipts and disbursements and other affairs of the Metropolis.
The inspectors shall make an inspection provided for in the preceding paragraph more than once at least in every fiscal year by fixing a date or dates therefor.
When a request is made to the inspectors for an inspection provided for in par.1 from representatives with joint signatures of more than one-fiftieth of the total number of those persons who have a right to vote at the election of the members of the Metropolitan Assembly, the inspectors shall carry out inspection in respect to matters of which an inspection has been requested.
When so ordered by the supervisory Government offices, when there is a demand by the Metropolitan Assembly in accordance with Art.62-(2), par.2 or when it is deemed necessary to do so, the inspecters shall carry out temporarily the inspection provided for in par.1.
The inspectors shall report the result of inspection to the Governor-General of Metropolis and the metropolitan Assembly.
The Governor-General of Metropolis shall announce publicly the result of inspection to the citizens of the Metropolis.
The provisions of Art.94-(9), par.4 shall apply mutatis mutandis to those persons who have the right to vote in the election of the members of the Metropolitan Assembly as referred to in par.3 and the provisions of par.5, of the same Art. shall apply mutatis mutandis to the number amounting to one-fiftieth of the total number of persons who have a right to vote at the election of the Metropolitan Assembly mentioned in par.3.
In the case of par.3, necessary matters shall be determined by ordinance.
Art.103. The public officials referred to in Art.93-(29), shall attend to business under the orders of the Governor-General of Metropolis.
The officials referred to in the preceding par. shall, in accordance with provisions of laws and ordinances, conduct the business of the state and prefectures as well as of other public bodies.
Art.104, par.1 shall be deleted.
Art.106. The counsellors shall, in response to inquiries made by the Governor-General of Metropolis, give their views in respect of important matters concerning the administrative affairs of the Metropolis.
Art.107. The members committee shall, under delegation from the Governor-General Metropolis, inquire into necessary matters concerning the affairs of the Metropolis.
Art.108. Remuneration may be allowed to the members of the Metropolitan Assembly, Electoral Administration Committee for the election of the members of the Metropolitan Assembly, the members of the Board of Aldermen, inspectors, counsellors, members of committee, appointed from among the members of the Metropolitan Assembly, superintendent of the poll, polling witnesses, superintendent of vote-opening, vote-opening witnesses, presiding officer of election, and election witnesses.
Persons referred to in the preceding par. may receive compensation for the expenses required in the prosecution of their official functions.
The amounts of remuneration, and compensation for expenses as well as the method of payment thereof shall be determined by Metropolitan by-laws.
Art.109. Officials other than those prescribed in the preceding Art., as well as clerks of the Electoral Administration Committee for the election of the members of the Metropolitan Assembly, of the metropolitan assembly, and of the Board of Aldermen shall be paid salaries and travelling expenses.
The amounts of salaries and travelling expenses, as well as the method of payment thereof shall be determined by Metropolitan by-laws.
In Art.110. "paid officials" shall read "members of the staff referred to in par.1 of the preceding Art."
Art.111. par.2, shall read as follows:
When an objection is raised under the provision of the preceding par. the Governor-General of the Metropolis, after obtaining the view of the Board of Aldermen, shall give a decision to the same.
The Board of Aldermen shall give views within 20 days of the date at which inquiries under the provisions of the preceding par. were made.
In case the person concerned is dissatisfied with the decision of the Governor-General of Metropolis contemplated in the provisions of par.2, he may bring an action before the Court of Administrative Litigation.
In Art.117, par.2, "par.3" shall read "par.2"
In Art.120, par.3, "20 yen" shall read "200 yen"
Art.121, par.3 shall read as follows:
When an objection is raised under the provisions of the preceding two paragraphs, the Governor-General of Metropolis, after obtaining the views of teh Board of Aldermen, shall give a decision to the same.
The Board of Aldermen shall give its views within 20 days of the date at which inquiries under the provisions of the preceding paragraph, were made to it.
If a person who has been given a decision of the Governor-General of Metropolis under provisions of par.3, is not satisfied with the decision, he may bring an action before the court of Administrative Litigation.
Art.122, par.5 shall read as follows:
If a person is dissatisfied with the disposals made under par.3 by the government and public official who have received delegation from the Governor-General of Metropolis, he may file an application to the Governor-General of Metropolis.
When there is a filing of objection in accordance with the provisions of the preceding paragraph, the Governor-General of Metropolis shall make a dacision, after hearing the views of the Board of Aldermen.
The Board of Alderman shall give its views within 20 days of the date at which esquiries under the provisions of the preceding paragraph, were made to it.
Any person who has received the decision or disposal of the Governor-General of Metropolis, in accordance with the provisions of par.6, and is dissatisfied with the decision or disposal thereof, may bring the matter before the Court of Administrative Litigation.
In Art.131, par.2, next to "the final accounts shall" shall be added "be examined by the inspectors and with their opinion attached thereto" , and "the same" shall be deleted.
Art.131-(2). The Governor-General of the Metropolis shall for the purpose of clarifying the condition of management in respect of business run by the Metropolis which have been designated by the Metropolitan Assembly, make up a balance sheet and other necessary paper, at regular intervals and put them to the examination of the inspectors, and submit them to the next session of the Metropolitan Assembly with the inspectors'opinions.
Art.135. When a demand is made to the Electoral Administration Committee for the election of the members of the Metropolitan Assembly from the representatives with their joint signatures of more than one-third of the total number of persons who have a right to vote at the election of the members of the Metropolitan Assembly, for the dissolution of the Metropolitan Assembly, the Electoral Administration Committee shall put the matter to the vote of the electors of the members of the Metropolitan Assembly, and if the assent of the majority is obtained, the Metropolitan Assembly shall be dissolved.
The provisions of Art.98-(21), par.2, shall be applied mutatis mutandis in the case contemplated in the preceding paragraph.
The provisions of Art.94-(2), par.4 shall be applied mutatis mutandis to those persons who have a right to vote at the election of the members of the Metropolitan Assembly contemplated in par.1 and the provisions of par.5, of the same Article. shall be applied mutatis mutandis to the number amounting to one-third of the total number of persons who have a right to vote at the election of the members of the Metropolitan Assembly contemplated in par.1.
Necessary matters concerning par.1 shall be determined by ordinance.
Art.135-(2). When a demand is made from the representatives whith their joint signations of more than one-third of the total number of persons who have a right to vote at the election of the members of the Metropolitan Assembly to the Electoral Administration committee for the election of the members of the Metropolitan Assembly in respect of the dismissal of the Governor-General of Metropolis, the Electoral Administration Committee shall put it to the vote of the electors of the Meropolitan Assemlbly.
When a demand is made from the representatives with their joint signatures of more than one third of the total number of persons who have a right to vote at the election of the Metropolitan Assembly in the electoral district to which the member of the Metropolitan Assembly belongs in regard to the dismissal of that member of the Metropolitan Assembly, the electoral Administration Committee shall put it to the vote of the electors of the electoral district concerned.
When there is a demand from the representatives with their joint signatures of more than onethird of the total number of persons who have a right to vote at the election of the members of the metropolitan assembly, to the Governor-General of Metropolis in respect of the dismissal of an inspector or a member of the Electoral administration committee for the election of the members of the Metropolitan Assembly, the Governor-General of Metropolis shall put it to the Metropolitan assembly
When there is an assent of majority in the voting under the provision of pars.1 and 2, or in the case of the preceding par. an assent of over three-quarter with two-third of the total members present, the persons referred to in the preceeding three par. shall lose their posts (in the case of the Governor-General of Metropolist, his office.)
The demand for the dismissal of the Governor-General of Metropolis in par.1, and of the member of the Metropolitan Assembly in par.2, shall not be made for one year after the assumption of office and one year after the voting contemplated in par.1 or 2. In regard to the demand for dismissal of the inspector or member of the Electoral Administration Committee of par.3, six months after the assumption of office and for six months after it has been put to the Metropolitan Assembly, the same shall apply.
The provisions of Art.94-(2), par.4 shall apply mutatis mutandis to the persons who have a right to vote at the election of the members of the Metropolitan Assembly contemplated in pars.1 to 3 inclusive and the provisions of par.5 of the same Article shall apply mutatis mutandis to the number amounting to one-third of the total number of persons who have a right to vote at the election of the members of the Metropolitan Assembly contemplated in pars.1 to 3 inclusive.
The provisions of Art.96, par.3 shall be applied mutatis mutandis to those persons who have lost their offices in accordance with the provisions of par.4.
Necessary matters in the case contemplated in pars.1 to 3 inclusive shall be determined by ordinance.
In Art.138, "the obtaining of permission" shall read "the report may take the place of permission."
In Art.139, "Service regulations of the officials of the Metropolis" shall read "service regulations of the officials of the Metropolis, the Electoral Administration committee for the election of the members of the Metropolitan_Assembly and the clerks of the electoral administration committee for the election of the members of the Metropolitan Assembly," and the following paragraph shall be added next to the same Article.
The porvisions of Art.96 shall be applied mutatis mutandis to the disciplinary punishment of the Electoral Administration Committee for the eletion of the members of the Metropolitan Assembly and the clerks of the Electoral Administration Committee for the election of the members of the Metropolitan Asesmbly.
Before Art.140, the following Shall be added.
Sub-Section 1 Ward and its Area.
In Art.140, "metropolitan by-laws" shall read "laws and ordinances and Metropolitan by-laws."
In Art.141, par.1 and 3 "upon calling for the views" shall read "upon obtaining the decision."
Next to Art.142, the following shall be added
Sub-Section 2 Inhabitants of a ward and their Rights and Obligations.
Art.142-(2), Citizens of the Metropolis who have their domiciles in the Ward, shall be the in habitants of the ward.
The inhabitants of a ward shall, in pursuance of this law have the right to use in common any facilities of the Ward and the obligation to share the burden of the Ward.
Art.142-(3). Inhabitants of the Ward who are Japanese citizens (to be called citizen of the Ward) shall have the right to participate in the election of the ward in accordance with this Law.
Art.142-(4), Citizens of the Ward shall have the right to demand the legislation of the ward by-law and ward regulations in accordance with the present Law.
A citizen of the Ward shall have the right to demand the inspection of the affairs of the Ward in accordance with the present Law.
Art.142-(5). A citizen of the ward shall have the right to demand the dissolution of the ward assembly in accordance with this law.
A citizen of the ward shall have the right to demand the dismissal of the Chief of Ward, the inspectors, members of the Ward Assembly, or the members of the Electoral Administration committee for the election of the members of the Ward Assembly, in accordance with this law.
Sub-Section 3. Ward Laws and Regulations
Art.143. A ward may make ward by-laws in respect of the rights and obligations of the inhabitants of the ward or business of the ward.
A ward may, concerning facilities or business of the ward make Ward regulations in addition to those stipulated by ward-by-laws.
Ward by-laws and ward regulations shall be announced by a public announcement form as provided for in Art.9, par.3.
Before Art.144, the following shall be added
Sub-Section 4. Ward Assembly
Art.144, par.3 shall read as follows.
The fixed number of members of the Assembly is as follows:
1. In ward of less than 50,000 population 25 persons
2. In ward of more than 50,000 population but less than 100,000 population 30 persons.
3. In ward of more than 100,000 population but less than 200,000 population 40 persons.
4. In ward of more than 200,000 population 45 persons.
Art.145. Any person who has a right to vote at the election of the members of the Metropolitan Assembly, and who has an address within the ward shall have a right to Vote at the election of the members of the Ward Assembly.
A ward may grant to a person who is in a special relation to the ward upon his application the right to vote notwithstanding the conditions of domicile provided for in Art.13, par.1 and in the preceding paragraph after having obtained the resolution of the Ward Assembly.
In Art 146, par.1 "The citizens of the Metropolis who have the right to vote" shall read "persons with the right to vote who arc over 25 years of age" , and in par.3 of the same Article, "election business" shall be read "Electoral Administration Committee for the election of the members of the Ward Assembly and election business" .
Art.147, par.1 shall be deleted, in para.2 of the same Article "member of Assembly" shall read "member of the Ward assembly" .
Art.147-(2) The ward shall have an electoral Administration Committee for the election of the members of the Ward Assembly.
The electoral Administration Committee shall consist of four members of the Electoral Administration Committee for the election of the members of the Ward Assembly.
A committee member shall be elected at a Ward Assembly from among those who have a right to vote at the election of the members of the Ward Assembly.
The committee shall take charge of business pertaining to the election of the members of the Ward Assembly and other elections, in accordance with the provisions of laws and ordinances.
Art.148. The election of the members of the Ward Assembly shall be conducted on the strength of the electors'list and the supplementary electors'list used for the election of the members of the Metropolitan Assembly in that ward.
The electoral Administration Committee for the election of the members of the Ward Asscmbly shall make a supplementary elcctors'list as of September 15 of each year.
In the supplementary electors'list, those persons who have the right to vote in the election of the members of the Ward Assembly, but are not eligable for being registered in the electors'list used for the election of the membrs of the Metropolitan Assembly in the same ward, shall be registered.
In the supplementary electors'list, the names and addresses etc. of the electors shall be entered.
Art.150. Matters to be voted on at a Ward Assembly shall be as follws.
1. To institute or revise or abolish Ward by-laws.
2. To decide on the budget of annual revenue and expenditure.
3. To approve the settled account report.
4. Matters relative to the installation and disposition of establishments.
5. Matters relative to the assessment and collection of rent, ward tax or allotted charges other than what shall be determined by laws and ordinances.
6. To institute or revise or abolish ward regulations relative to acquisition management and disposal of property as well as to the prosecution of public works to be paid at the expense of the Ward, provided that this rule shall not apply to matters which are otherwise provided for by laws and ordinances.
7. Incurring of new obligations and giving up of rights with the exception of those matters which shall be provided for by the budget of annual revenue and expenditure.
8. Institution or revision or abolition of ward regulations concerning the management of public works, provided that the rule shall not apply to matters which are provided for by laws and ordinances.
9. Matters relative to petition, laws it and reconciliation in which a ward is involved.
10. Any other matters which come within the limit of authority of Ward Assembly, in accordance with Law and ordinance.
In addition to what are provided for in the preceding paragraph, a ward may, by virtue of Ward by-laws, determine what shall be voted on at the Ward Assembly in respect of affairs which concern the Ward.
In Art.151, "his deputy" shall read "vice chairman." Before Art.152, the following shall be added.
Sub-section 5. Government official and public
Officials attached to a ward and ward officials.
Art.151-(2). A ward shall have a chief of the Ward.
The term of office of a chief of Ward shall be four years and shall be computed from the date of election.
A chief of a Ward shall be elected by the electors from among those who are eligible for election and a person thus elected shall be appointed the chief.
Art.151-(3). A person who has a right to vote at the election of the members of the Ward Assembly shall have a right to vote at the election of the chief of a ward.
Any person who is over 25 years of age and a Japanese citizen shall be eligible for being elected the chief of a ward.
Business pertaining to the election of the chief of a ward shall be managed by the Electoral Administration Committee for the Election of the members of the Ward Assembly.
The election of the chief of a ward shall be conducted on the strength of the electors'list used for the election of the members of the Ward Assembly.
Art.151-(4). When a demand is made to the chief of a ward from the representatives with their joint signatures of more than one fiftieth of the total number of persons who have a right of vote at the election of the members of the Ward Assembly, for the legislation of Ward, by-laws and ward regulations, the chief of the Ward shall convene the Ward Assembly, within twenty days and put the original bill with his opinions attached thereto to the Ward Assembly.
In case of the preceding paragraph, the chief of a ward may amend the original motion in so far as the amendment is not in his opinion contrary to the purport of the bill in question, and bring it before the Ward Assembly for decision with the original bill attached thereto.
The chief of a ward may cause the representatives referred to in par.1, or their deputies to present themselves at the meeting on the demand of the Ward Assembly to give an explanation of the original bill.
Persons who have the right to vote in the election of the members of a Ward Assembly within the meaning of par.1, shall be those persons who have been registered in the electors'list which is used in the election of the members of the Ward assembly, on the day on which the sad list becomes final.
The number representing one fiftieth of the total number of persons who have the right to vote at the election of the members of the Ward Assembly a provided for in par.1, shall be announced forthwith by the chief of a ward when the electors'list referred to in the preceding paragraph becomes final.
All matters necessary concerning par.1, shall be determined by ordinance.
Art.151-(5). When a resolution of non-confidence, in the chief of a ward is passed at the Ward Assembly, the chief of a ward may dissolve the Ward Assembly within ten days.
When a resolution of non confidence in the chief of a ward is passed at a session of a ward assembly, and the dissolution in accordance with the provisions of the preceding paragraph, is not carried out or a resolution of non-confidence in the chief of the ward is passed again at the first-session of the Ward Assembly following its dissolution, the chief of the ward shall be required to resign from office.
In regard to the resolution referred to in the two preceding paragraphs, the assent of three-quarter with two thirds of the total number of members present shall be required.
Art.154-(2). A ward may have inspectors appointed by virtue of ward by-laws.
Inspectors shall be ward officals and their number shall be fixed at two.
The term of office of an inspector shall be two years.
Notwithstanding the provisions of the preceding paragraph, the term of office of an ispector appointed from among the members of the Ward Assembly, shall not exceed the term of office of a member of the Assembly, provided that this rule shall not prevent him from execting his functions until his successor shall be appointed.
An inspector shall be appointed by the chief of the ward, with the consent of the Ward Assembly, respectively from the members of the Ward Assembly and learned and experienced persons.
The inspector shall inspect the custody of public facilities of the Ward, the receipts and disbursements of the Ward and in addition the execution of business of the Ward.
Art.154-(3). When a demand is made from the representatives with the joint signatures of more than one-fiftieth of the total number of persons who have a right to vote at the election of the members of the Ward Asesmbly to the inspectors, concerning the inspection of matters specified in Art.154-2, par.6, the inspectors shall execute the inspection of those matters for which the demand has been made.
Th provisions of Art.151-(4), par.4 shall be applied mutatis mutandis to those persons who have the right to vote at the election of the members of the Ward Assembly referred to in the preceding paragraph, and the provisions o par.5 of the same Article, shall be applied mutatis mutandis to the number amounting to one-fiftieth of the total number of persons who have the right to vote at the election of the members of the Ward Assembly referred to in the preceding paragraph.
In the case of par.1, matters necessary shall be determined by ordinance!
Art,154-(4). A Ward may have a regular or an extraordinary committee.
A member of a committee shall be appointed by the chief of the Ward with the consent of the ward assembly from among the members of the Ward Assembly or other learned and experience.
A member of the committee shall, under delegation of the chief of the Ward, investigate those matters which are necessary in regard to the business of the Ward.
Art 156-(2). In addition to those persons determined in the preceding articles, there shall be necessary ward officials in the ward, who shall be appointed or dismissed by the Chief of the Ward.
The fixed number of officials referred to in the preceding paragraph, shall be determined after a resolution of the Ward Assembly.
An official referred to in par.1 shall attend to business under the direction of the chief of ward.
Before Art.157, the following shall be added.
Sub-Section 6. Salaries and Allowances
Art.156-(3). Remuneration may be given to members of the Ward Assembly, Members of Electoral Administration Comimittee for the election of the members of the Ward Assembly, inspectors, and members of the committee appointed from among the members of the Ward Assembly, as well as to chief of a town neighbours association (Chonai-kai) Hamlet Association (Buraku-kai) and federation of neighbours association (Rengo-kai).
Persons enumerated in the preceding paragraph, may receive reimbursement for the expenses required for the execution of their functions.
The amounts of remunerations and reimbursements for expenses as well as the method of payment thereof, shall be determined by Ward by-laws.
Art.156-(4). Officials other than those prescribed in par.1 of the preceding Article, shall be paid salaries and travelling expenses.
The amounts of salaries and travelling expenses as well the method of payment thereof shall be determined by Ward by-laws.
Art.156-(5). Remuneration, reimbursement of expenses, salaries, travelling expenses and other allowances shall be charged by the ward.
Sub-Section 7. Finance of the Ward
Art.157, par.2 shall be deleted.
Art.157-2. A ward may collect rent in respect of the use of public facilities of the Ward.
Art.157-(3). A ward may assess and collect Ward tax and allotted charges for the purpose of appropriating disbursements of the Ward.
Art.157-(4). The provisions of the Local Tax Law, shall apply in respect if the Ward Tax and the assessment and collection thereof.
The alloted charges shall, in accordance with the provisions of Imperial Ordinance, be levied on a person who receives a special benefit in respect of public facilities which is beneficial to a part of a ward or in respect of any affair which is beneficial to a part of the Ward.
Art.157-(5). A ward may, if and so long as it is necessary to do so, for the purpose of repaying its debts or of going to such expenditure as may result in permanent benefits to the Ward or on account of a natural calamity or emergency, raise a Ward Loan, subject to the decision of the ward assembly.
In obtaining the decision of the Ward Assembly in respect of the raising of a ward 1oan, the decision of the Ward Assembly shall also be obtained in respect of the method of raising the loan, and the method of fixing the rate and repayment of interest.
Art.157-(6). The Metropolis may, if it shall be deemed necessary for the adjustment of the finances of the Ward, grant allowances to the Ward.
Beforc Art.158, the following shall be added.
Sub-Section 8. Supplementary Rules
Art.158-(2). When a demand is made to the electoral Administration Committee for the clection of the members of the Ward Assembly from the representatives with the joint signatures of more than one-third of the total number of persons who have the right to vote at the election of the members of the Ward Assembly, for the dissolution of the Ward Assembly, the Electoral Administration committee shall put the matter to the vote of the electors of the Ward Assembly and When the assent of the majority is obtained, the Ward Assembly shall be dissolved.
The provisions of Art.151-(4), par.4, Shall be applied mutatis mutandis to those persons who have the right to vore at the election of members of the Ward Assembly. The provisions of par.(5) of the same paragraph, shall apply mutatis mutandis to the number corresponding to one-third of the total number of persons who have a right to vote at the election of the members of the ward assembly mentioned in the preceding paragraph.
Necessary matters in the case of paragraph 1 shall be determined by ordinance.
Art.158-(3). When a demand for the dismissal (resignation in respect of the Chief of Ward) is made from the representatives with the joint signatures of more than one-third of the total number of persons who have the right to vote at the election of the members of the Ward Assembly to the Electoral Administration Committees for the election of the members of the Ward Assembly in repect of the chief of a ward or a member of the Ward Assembly and to the chief of the Ward in respect of the inspector or a member of the Electoral Administration committee for the election of the members of the Ward Assembly, the Electoral Administration Committee shall, in respect of the chief of Ward and members of the Ward Assembly put it to the vote of the electors of the Ward Assembly, and the chief of Ward shall, in respect of all other persons put it to the vote of the Ward Assembly.
In regard to the demand for dismissal from office prescribed in the preceding paragraph, when there is an assent of the majority in the voting or when there is an assent of over three-quarters of the members of the Ward Assembly with two-thirds present, the persons enumerated in the same paragraph shall lose their office (in the case of the chief of Ward, his office).
The provisions of Art.151-(4), par.4 shall apply mutatis mutandis to those persons who have the right to vote at the election of the members of the Ward Assembly prescribed in par.1, and the provisions of par.5 of the same Article, shall apply mutatis mutandis to the number corresponding to one-third of the total number of persons who have the right to vote at the elections of the members of the Ward Assembly prescribed in par.1.
Matters necessary in the case prescribed in par.1, shall be determined by ordinance.
In Art.159, next to "Function and authority of the Ward Assembly," "election of chief of Ward" shall be added.
Art.160. In respect of a city, town or village within the Metropolis the provisions of this law shall apply, notwithstanding the provisions of Art.3 to 5 inclusive and Art.172 of the laws governing the Organization of Cities, and Art.3, Art.4 and Art.153 of the laws governing the Organization of Towns and villages.
Art.168. In respect of cities, town or villages within the metropolis, prefectural governors or governors mentioned in the Law governing the Organizations of Cities and Law governing the organization of Towns and villages, shall be Governor-General of Metropolis, prefecture shall be metropolis, Laws governing Hokkaido and Prefectures shall be laws governing Tokyo Metropolis, and Board of Aldermen of the Prefecture shall be Board of Aldermen of the Metropolis, and member of the Board of Aldermen of the Prefecture shall be member of the Board of Aldermen of the Metropolis.
In Art.170, par.1. "The Supervisor of any such union as the mayor of town or village" shall read "The member of the Electoral Administration committee for the election of members of any such union as the member of the Electoral Administration committee for the election of the members of the town or village assembly, the Electoral Administration Committee for the election of the members of any such union as the Electoral Administration Committee for the election of the members of the union" in par.2 of the same Article, "the manager of any such union as the mayor of town or village shall read" the member of the electoral administration committee for the election of member of any such union as the member of the Electoral Administration Committee for the election of the members of the town or vilalge assembly, the Electoral Administration Committer for the election of the members of any such union as the Electoral Administration Committee for the election of the members of the town or village assembly."
In Art.174. Next to "members of the assembly," "and Governor-General of Metropolis" shall be added, and the following proviso shall be added to the same Article:
"Provided that officials mentioned in Art,112, par, 2 Art,113, par, 2, Arts,116.117 and 127, par, 4 of the Law for the Election of the House of Representative, shall include member of the electoral Admimistration committee for the election of the members of the Metropolitan Assembly, member of the Electoral Administration Committee for the election of the members of the ward, city, town or village assembly, clerks of the Electoral Administration Committee for The election of the members of the metropolitan Assembly or of the Electoral Administration Committee for the election of the members of the ward, city, town or village assembly, the Superintendents of the poll, superintendent of vote-opening, or presiding officers of election.
Art.178-(2). When either a ward or a city is established in the area of Jurisdiction which had previously been administered by the Chief of Subprefecture (Gun-cho) or an administrative officer of an Island or there is an alteration in the boundaries of the city, town or village over the boundaries of such areas, such areas shall be deemed to have been altered.
When either a town or a village is established over the boundaries of the areas of Jurisdiction Which had previously been administered by the Chief of Sub-prefeeture (Gun-cho) or an administrative officer of an Island, in the application of this Law in regard to the area to which the town or village shall belong, shall be determined by the Minister of Home Affairs.