法令番号: 法律第28号
公布年月日: 昭和21年9月27日
法令の形式: 法律
I hereby give My sanction to the Law concerning the partial amendments to the Regulations governing the City Organization for which the concurrence of the Imperial Diet has been obtained and cause the same to be promulgated.
Signed:HIROHITO, Seal of the Emperor
This twenty-seventh day of the ninth month of the twenty-first year of Showa (September 27, 1946)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister for Home Affairs OMURA Seiichi
Law No.28
A part of the Law concerning the Regulations governing the City Organization, shall be amended as follows:
In Art.3, Art.4, Par.1 and Art.4-(2), "upon calling for the views of the city, town or village councils concerned" shall read "upon resolutions passed at meetings of the city, town or village assemblies concerned" .
In the proviso to Art.6, Par.2, "the views of the city council concerned shall also be called for" shall read "resolution shall also be passed at a meeting of the city assembly concerned" .
Art.9. Any inhabitant of a city who is a citizen of Japan (it shall be referred to hereinafter as a citizen of a city) shall, in pursuance of the present Law, have the right of voting at its elections.
Art.10. Any citizen of a city shall, in pursuance of the present Law, have the right to demand the enactment of its byelows or regulations.
Any citizen of a city shall, in pursuance of the present Law, have the right to demand the inspection of the affairs of the city.
Art.11. Any citizen of a city shall, in pursuance of the present Law, have the right to demand the dissolution of the assembly of the city.
Any citizen of a city shall, in pursuance of the present Law, have the right to demand dismissal of the mayor, deputy-mayor, inspection commissioner, treasurer, city assembly-man of city or ward electoral administrative committeeman for ciy assembly-man of the city.
In Art.13. Par.3, "150,000" shall read "100,000" "600,000" shall read "500,000" "300,000" shall read "200,000" and "80" shall read "100" .
Art.14. Any citizen of a city who, being twenty years of age or upward, has been the inhabitant of the city for six consecutive months at a given date shall have the right to vote at the election of assembly-men of his city, except such persons as fall unde rany of the following Items:
1. A person adjudged incompetent or quasi-incompetent;
2. A person who has been sentenced to imprisonment with or without hard labor for six years or to any severer punishment;
3. A person who has, on conviction of any of the offences specified in Chap.1, 3 or 9, Chaps.16 to 21 inclusive, Chap.25 or Chaps.36 to 39 inclusive of Book II of the Criminal Code, been sentenced to imprisonment with hard labor for a term less than six years and has not within a period twice as long as the term of his imprisonment before a given date mentioned above undergone the execution of such punishment nor has ceased to undergo the same, provided that if such period happens to be shorter than five years. it shall be five years;
4. A person who has been sentenced to imprisonment without hard labor for a term less than six years or to imprisonment with hard labor for a term less than six years on conviction of any offence other than those specified in the last preceding Item and has not yet undergone the execution of such punishment nor has ceased to undergo the same.
A city may, upon the application of a person who is in special relationship to the city, dispense with the residentiary qualification prescribed in the preceding Paragraph and grant such person the right of voting:in such case the city shall forthwith give notice to that effect to the metropolis, city, town or village in which such person has his domicile.
Such person as has been granted the right of voting in accordance with the provisions of the last preceding Paragraph, shall not exercise the right of voting which he may possess in the metropolis, city, town or village of his domicile in accordance with the provisions of the present Law, the Tokyo Metropolitan Organization Law, the District, Urban and Rural Prefectural Organization Law or the town and village Organization Law.
The period of six months contemplated in Par.1 shall not be interrupted by the creation, dissolution, union or division of cities, towns or villages, or an alteration of their boundaries.
Art.15. A city shall have an electoral administrative committee for city assembly-men (it shall be referred to hereinafter in the present Chapter as a city electoral administrative committee).
A city electoral administrative committee shall be composed of four electoral administrative committee-men for city, assembly-men (it shall be referred to hereinafter in the present Chapter as city electoral administrative committee-men).
Article 15-(2). A city electoral administrative committee-man shall be elected by the city assembly from the persons who have the right to vote at the election of city assembly-men.
The city assembly shall elect as many supplementary committee-men as there are committee-men.
If a vancancy occurs in the office of a committee-man, the chairman of the committee shall choose, a committee-man to fill such vacancy from among the supplementary committee-men in conformity to the following order: (a) wheer they have been elected at different times from each other, the person who has been elected first shall be chosen; (b) where they have been elected at the same time, the person who has polled the greatest number of votes shall be chosen; (c) where the votes are equal, such person as is determined by lost shall be chosen, and if there still remains an unfilled vacancy, an extraordinary by-election shall be held notwithstanding the provisions of Par.4.
Committee-men and the supplementary committee-men shall be elected every other year.
A committee-man shall hold office until his successor comes into office.
A committee-man shall not be divested of the right to perform his duties, until the disposition contemplated in Art.90 becomes final, or a judicial decision is given, in respect of the election by which he has been elected.
Art.15-(3). A city electoral administrative committee shall, in accordance with the provisions of Laws or Ordinances, administer the affairs relating to the election of city assembly-men and other elections.
The city electoral administrative committee of a city contemplated in Art.6 and Art.82, Par.1, shall, in respect to the affairs relating to the election of city assembly-men, direct and supervise a ward electoral administrative committe for city assembly-men.
Art.15-(4). The city electoral administrative committee shall elect a chairman from among its committee-men.
The chairman shall exercise general control over the affairs relating to the committee and represent it.
Art.15-(5). A meeting of the city electoral administrative committee shall be called by its Chairman;if a demand for calling its meeting has been made at a committee-man, the chairman shall call it.
Art.15-(6). No business shall be transacted at a meeting of the city electoral administrative committee-men are present thereat.
If the number of such committee-men as are qualified to take part in the proceedings at a meeting of the committee has come to be less than the number specified in the preceding Par. in consequence of the exclusion as provided in Par.3, the chairman shall provisionally choose the persons to make up the deficiency in the number of committee-men from among such supplementary committee-men as have no connection with the business to be transacted thereat in conformity to the order mentioned in Art.15-(2), Par.3:the same shall apply to a case where the number of committee-men has come to be less than the number specified in the preceding Paragraph on account of unavoidable circumstances on the part of the committee-men.
The chairman or a committee-man shall not take part in the proceedings at a meeting of the committee relating to such business as concerns the personal interests of his own or of his parent, grand-parent, consort, child, grand-child, brother or sister;provided, however, that he may attend and speak at such meeting upon obtaining the consent of the committee.
Art.15-(7). All proceedings at a meeting of the city electoral administrative, committee shall be decided by a mojority of the votes of the committee-men;in the case of an equality of votes the chairman shall have a casting vote.
Art.15-(8). A city electoral administrative committee shall have clerks who shall be caused to engage in the affairs relating to the committee under the dierctions of the chairman
Clerks shall be appointed to or removed from office by the chairman.
Art.15-(9). Any matter other than those provided in the present Law which may be necessary in relation to the city electoral administrative committee shall be provided by the committee.
Art.15-(10). A ward of a city contemplated in Art.6 and Art.82, Par.1 shall have a ward electoral administrative committee for city assembly-men (it shall be referred to hereinafter as ward electoral administrative committee) which shall be composed of four ward electoral administrative committee-men for city assembly-men (it shall be referred to hereinafter as ward electoral administrative committee-men).
A ward electoral administrative committee shall, under the direction and supervision of the city electoral administrative committee and in accordance with the provisions of Laws and Ordinance, administer the affairs relating to the election of city assembly-men and other elections in the respective ward.
The provisions of Art.15-(2), Arts.15-(4) to 15-(8) inclusive shall apply with the necessary modifications to a ward electoral administrative committee;provided, however, that "the persons who have the right to vote at the election of city assembly-men" mentioned in Art.15-(2), Par.1 shall be deemed to be "the persons who have the right to vote at the election of city assembly-men in the respective ward" .
Any matter, which may be necessary for a ward electoral administrative committee, other than those provided in the present Law shall be provided by the city electoral administrative committee.
Art.16, Par.3 shall be amended as follows.
In the case of such city as is contemplated in Art.6 and Art.82, Par.1 the area of its ward shall be an electoral division;provided, however, that, if the population in such area is conspicuously small, the areas of several wards may be united to set up one electoral division by virtue of city by law.
The number of city assembly-men to be elected in respective electoral division prescribed in the last preceding Paragraph shall be provided in city by laws.
Any matter necessary in the case contemplated in the proviso to Par.3 shall he provided in Ordinances.
In Par.4 of the same Article, "Art.76 or Art.79, Para.3" and "a citizen" "the mayor" shall read respectively "Art.14, Par.2," "a person who has the right of voting," and "the city electoral administrative committee."
In Art.17. "a city" shall read "A city electoral administrative committee" .
In Art.18, Par.1, "Any citizen of a city who possesses the right to vote" shall read "Any person who, being twenty-five years of age or upward, has the right to vote" ;in Par.3 of the same Article, befoer "A government official" shall be inserted "A city electoral administartive committee-man, ward electoral administrative committee-man, clerk of a city electoral administrative committee, clerk of a ward electoral administrative committee, presiding officer of election, chief officer of a branch poll or" ;and in Par.4 of the same Article "teachers" shall be deleted.
Art.19, Par.1 shal lbe deleted;and in Par.2 of th esame Art. after "councillors" shall be added "of a city" .
Art.20-(2), Par.1 Shall be amended as follows.
An election of city assembly-men shall be held by using the register of electors of the members of the House of Representatives in the city and a supplementary register of electors.
In Art.21, Par.1, "The mayor in the case of a city contemplated in Art.6, the headman of a ward)" shall read "The city electoral administrative committee (in the case of a city contemplated in Art.6 and Art.82, Par.1, the ward electoral administrative committee)" ;and "with the exception of the case contemplated in the proviso to Art.16, Par.3" shall be added at the end of the same Article.
In Art.21-(2), Par.1, "The mayor (in the case of a city contemplated in Art.6, the headman of a ward)" and "(in the case of a city contemplated in Art.6, at the ward office)" shall read respectively "The city electoral administrative committee (in the case of a city contemplated in Art.6 and Art.82, Par.1, the ward electoral administrative committee)" and "(in the case of a city contemplated in Art.6 and Art.82, Par.1. at the ward office)" ;and in Par.2 of the same Article, "The mayor (in the case of a city contemplated in Art.6, the headman of a ward)" shall read "The committee (in the case of a city contemplated in Art.6 and Art.82, Par.1, the ward committee)" .
In Art.21-(3), Par.1, "the mayor (in the case of a city contemplated in Art.6, the headman of a ward)" shall read "the city electoral administrative committee (in the case of a city contemplated in Art.6 and Art.82, Par.1, the ward electoral administrative committee)" , and "the same shall apply to cases where it is considered that an omission or clerical error exists in the relative portion of the register of electors of the members of the House of Representatives" shall be deleted;in Par.2 of the same Article, "the, mayor (in the case of a city contemplated in Art.6, the headman of a ward)" shall read "the committee (in the case of a city contemplated in Art.6 and Art.82, Par.1, the ward committee" ;and in Par.3 of the same Art. "the mayor (in the case of a city contemplated in Art.6, the headman of a ward)" shall read "the committee (in the case of a city contemplated in Art.6 and Art.82, Par.1, the ward committee)" , and ", shall make an entry in the supplementary register of electors, if it is found that an omission has been made in the relative portion of the register of electors of the members of the House of Representatives (in case there fails to be a supplementary register of electors shall prepare one for the person whose name has been omitted therefrom) and, if it is found that a clerical error has been made, shall make a mention thereof in the relative portion of the register of electors of the members of the House of Representatives'shall be delected;and in Par.5 of the same Art. " the mayor (in the case of a city contemplated in Art.6, the headman of a ward) "and" a disposition "shall read respectively" the committee (in the case of a city contemplated in Art.6 and Art.82, Par.1, the ward committee "and" an amendment in the register".
In Art.21-(4), Par.3, "the mayor (in the case of a city contemplated in Art.6, the headman of a ward)" shall read "the city electoral administrative committee (in the case of a city contemplated in Art.6 and Art.82, Par.1, the ward committee), and" , and if a disposition is required to be made in relation to the relative portion of the register of electors of the members of the House of Representative the mayor (in the case of a city contemplated in Art.6, the headman of a ward) shall forthwith make such disposition in the same manner as is provided in Par.3 of the last preceding Article "shall he deleted;in Par.4 of the same Article," or disposition "shall be deleted, and " the mayor (in the case of a city contemplated in Art.6, the headman of a ward) "shall read" the committee (in the case of a city contemplated in Art.6 and Art.82, Par.1, the ward committee) ";and in Par.5 of the same Article," the mayor (in the case of a city contemplated in Art.6, the headman of ward) "shall read" the committee (in the case of a city contemplated in Art.6 and Art.82, Par.1, the ward committee)".
In Art.22, Par.1, "The mayor" shall read "The city electoral administrative committee" , and in Par.4 of the same Article, "the mayor" shall read "the committee" .
In Art.22-(2), Par.1, "the mayor (in the case of a city contemplated in Art.6, the headman of a ward" shall read "the presiding officer of election" , and in Par.2 of the same Article, after "of a city, he may," shall be inserted "upon obtaining the assent of such person and" :after Par.3 of the same Article, the following Paragraph shall be added;
A person who has come to be a candidate for the office of assembly-man in one electoral division shall neither file notice of candidature for the office of assembly-man nor assent notice of recommendation for candidature in any other electoral division:
and in Par.4 of the same Article, "the mayor (int he case of a city contemplated in Art.6, the headman of a ward)" shall read "the presiding officer of election" ;and in Par.5 of the same Article, "the peceding four paragraphs," and "the mayor (in the case of a city contemplated in Art.6, the headman of a ward" shall read respectively "Pars.1 to 3 inclusive and the last preceding Paragraph" and "the presiding officer of electoin" .
Art.23. A presiding officer of election shall be chosen by the city electoral administrative committee from among the persons who have the right to vote at the election of city assembly-men.
The presiding officer of election shall be in charge of the affairs relating to election meeting.
A chief officer of a branch poll shall be chosen by the committee (in the case of a city contemplated in Art.6 and Art.82, Par.1, the ward committee) from among the persons who have the right to vote at the election of city assembly-men (in the case of a city contemplated in Art.6 and Art.32, Par.1, the persons who have the right to vote at the election of city assembly-men in respective ward).
The chief officer of a branch polling meeting shall be in charge of the affairs relating to branch polling meeting.
In Art.23-(2), Paras.1, 2, 4, 5 and 7, "the mayor (in the case of a city contemplated in Art.6, the headman of a ward)" shall read "the presiding officer of election" , and Par.8 of the same Article shall be amended as follows:
The inspectors of election shall not retire from office without justifiable reasons.
In Art.25, Par.8, "the mayor" shall read "the city electoral administrative committee" .
In Art.27, "The mayor" shall read "The presiding officer of election" .
In Art.27-(2), Par.4, "the mayor" shall read "the city electoral administrative committee."
In Art.27-(4), Par.1, "a city" shall read "a city electoral administrative committee" , and ", upon obtaining the Permission of the governor of an urban or rural prefecture concerned," shall be deleted.
In Art.30, Par.1, "one-sixth" shall read "one-fourth" , and in Par.2 of the same Article, "the elder person shall be elected, and in the case of an equality of age," shall be deleted.
In Art.30-(3), Par.2, "the mayor (in the case of a city contemplated in Art.6, the headman of a ward) shall give forthwith public notice to that effect" shall read "the presiding officer of election shall make forthwith a report to that effect to the city electoral administrative committee and give public notice thereof" ;and "the mayor (in the case of a city contemplated in Art.6, the headman of a ward)" shall read "the presiding officer of election" .
In Art.31, Par.2, "of each electoral division" shall be deleted, and "the mayor" and "(in the case of a city contemplated in Art.6)" shall read respectively "the city electoral administrative committee" and "(in the case of a city contemplated in Article 6 and Art.82, Par.1)" ;and Par.5 of the same Art. shall be amended as follows:
The record of election, the record of the votes and the ballots together with other related documents shall be preserved during the term of office of the assembly-men by the committee (in the case of a city contemplated in Art.6 and Art.82, Par.1, the Ward committee).
The register of electors shall be preserved during the term of office of the assembly-men by the committee in the case of a city contemplated in Art.8 and Art.82, Par.1, the ward committee).
In Art.32, Par.1, "the mayor" , "(in the case of a city contemplated in Art.6, shall cause the headman of a ward to give such notification)" and "the governor of the urban or rural prefecture concerned" shall read respectively "the city electoral administrative committee" , "(in the case of a city contemplated in Art.6 and Art.82, Par.1, shall cause the ward electoral administrative committee to give such notification)" and "the mayor" ;and Pars.2 to 7 inclusive of the same Article shall be amended as follows:
In the case contemplated in the preceding Paragraph, the committee shall forthwith submit to the governor of the urban or rural prefecture concerned a report of the names and domiciles of the persons duly elected or a report to the effect that there is no person duly elected.
If an elected person has received a notification of his having been duly elected, he shall within five days make to the committee a declaration whether he will accept office or not.
If he fails to make a declaration contemplated in the last perceding Paragraph, he shall be deemed to have declined to accept office.
In a person duly elected is a government official, he may not accept office, unless the permission of the chief officer under whose command he is has been obtained.
With respect to the governmental official contemplated in the last preceding Paragraph who has duly been elected, the period prescribed in Par.3 shall be within ten days.
In Art.33, Par.1,item numbered 2 shall be deleted;item numbered 3 shall be altered to item numbered 2 and the following items shall be moved up in turn;in Par.2 of the same Article "item 4" shall read "item 3," in Par.3 of the same Article "item 5 or 6" shall read "item 4 or 5" ;and in Par.5 of the same Article "the mayor" shall read "the presiding officer of election" .
Art.34, Par.1 shall be amended as follows:
If the duly elected persons have accepted office, the city electoral administrative committee shall make a return to that effect to the mayor and give public notice of the names and domiciles of the persons elected and at the same time he shall return the same to the governor of an urban or rural prefecture concerned.
In Par.2 of the same Article "the mayor shall forthwith give public notice to that effect and at the same time make a return thereof" shall read "the committee shall forthwith make a return to that effect to the mayor and make public notice thereof and at the same time he shall make a return thereof" .
In Art.36, par.1, "against the mayor" and "the mayor shall" shall read respectively "against the city electoral administration committee" and "the committee shall" ;In Par.3 of the same Article "Art.32, Par.1" shall read "Air.32, Par.2" ;and in par.4 of the same Article "the mayor" shall read "the committee"
In Art.36-(2), Par.3, "to be the election agent or such person as virtually has had general control of the election campaign without becoming the election agent" shall read "to be such person as has had a general control of the election campaign" .
In Art.37, Par.1 and Par.3 "within three months" shall be deleted, and Par.5 of the same Article shall be deleted.
Art 37-(2), Par.2 shall be deleted.
Art.37-(3). If public notice of the date of an election of the mayor has been given, an election of city assembly-men shall not be held until such date of election has passed.
If in a case where an event has occurred in which an election of assembly-men shall be held, an event has also occurred in which an election of the mayor shall be held, the election of the assembly-men shall not be held until the date of the election of the mayor has passed.
In Art.38, Par.1, "or such person as is specified in Art.32, Par.6," ", or whether he is such person as is specified in Art.32, Par.6 or not" and item 2 shall be deleted, and item 3 and item 4 shall respectively be altered to item 2 and item 3;and in Par.2 of the same Article "or is such person as is specified in Art.32, Par.6" shall be deleted.
Art.38-(2). If a city electoral administrative committee-man, ward electoral administrative committee-man, presiding officer of election or chief officer of a branch polling meeting has come to cease to have the right to vote at the election of city assembly-men, his oce shall be vacated.
In Art.39, "the mayor" shall read "the city electoral administrative committee."
In the proviso to Art.39-(2),after "provided, however, that" shall read "local officers mentioned in Art.99 of the same Law shall be deemed to include city electoral administrative committee-men, ward electoral administrative committee-men, clerks of city electoral administrative committee and of ward electoral administrative committee, presiding officers of election, chief officers of branch polling meetings and chief officers of branch stations for the counting of the votes, and" ;and "the number of the members of election committee, the number of the persons to be employed for the purpose of election campaign and" , shall be deleted.
The following proviso shall be added to Art, 40:
;provided, however, that local officers mentioned in Art.112, Par.2, Art.113, Par.2, Art.116. Art.117 and Art.127, Par.4 of the Law concerning the Election of the Members of the House of Representatives shall be deemed to include city electoral administrative committee-men, ward electoral administrative committee-men, clerks of city electoral administrative committee or of ward electoral administrative committee, presiding officers of election, chief officers of branch polling meetings or chief officers of branch stations for the counting of the votes.
Art.42, Par.1, item 9 shall be amended as follows:
9. Matters relating to synthesis and adjustment of the activities of the bodies or the like within the city;
10. Any other matter which falls within the powers of the city asesmbly under Laws or Ordinances.
The following two Pars. shall be added to the same Article.
In a city which has no council of aldermen of the city, the matters specified in Art.67, Par.1, items 4 to 6 inclusive, in addition to the matters prescribed in the preceding Paragraph shall be decided by the city assembly.
In addition to the matters prescribed in the preceding two Paragraph, a city may by in its bye-law determine the matters relating to the city which shall be decided by the city assembly.
The following Par. shall be added to Art.45.
A city assembly may demand inspection commissioners to inspect the affairs of the city and to submit a return thereof.
Art.47, Par.2 shall be deleted.
Art.50-(2). The meetings of the city assembly shall be of two kinds:namely, regular meeting and extraordinary meeting.
A regular meeting shall be held at least six times a year.
An extraordinary meeting shall be held, whenever necessary, for the transaction of a particular business.
The mayor shall in advance give public notice of business proposed to be transacted at an extraordinary meeting.
If an urgent business to be transacted has arisen while an extraordinary meeting is being held, it may forthwith be submitted thereat, irrespective of the preceding two paragraphs.
Any matter relating to the period of a meeting of the city assembly, its prolongation and its opening and closing shall be provided in the rules of proceedings contemplated in Art.63.
In Art.51, Par.2, "notice" shall read "public notice" ;and Par.3 of the same Article shall be deleted.
In Art.53, Par.1, "the members" shall be read "the assembly-men" ;and Par.2 shall be deleted.
In Art.54. "wife" shall be read "consort."
Art.56 A sitting of the city assembly shall be open to the public, except in a case where a resolution for closing it to the public has been passed by a majority of two-thirds or more of the votes of the assembly-men present on the motion of the chairman or of three or more assembly-men.
The motion of the chairman or of the assembly-men contemplated in the preceding Paragraph shall be decided without putting it to the debate.
Art.57-(3) shall be deleted.
Art.61, Par.2 shall be amended as follows::
Clerks shall be appointed to or removed from office by the chairman.
In Art.62, Par.3, "the minutes" shall be read "a copy of the minutes."
Art.64. A city shall have a council of aldermen, which shall be composed of the chairman and aldermen;provided, however, that in the case of a city which is under special circumstances a council of aldermen shall be dispensed with by city by-law.
In Art.65, Pars.1 to 3 inclusive, "unpaid" shall be deleted;and in Par.4 of the same Article "unpaid" and "the eldest person shall be chosen;(d) where they are of the same age," shall be deleted, and "an extraordinary bye-election shall be held" shall be read "an bye-election of supplementary aldermen shall extraordinarily be held notwithstanding the provisions of Par.5" ;in Par.5 of the same Article "unpaid" shall be deleted, and "every other year" shall be read "once a year" ;and in Pars.6 and 7 of the same Article "unpaid" shall be deleted.
In Art.66 "The mayor" shall be read "The chairman of a city assembly."
In Art.67, Par.1, item numbered 2, "any matter other than serious ones which fall within the powers of the city council" shall be read "any matter which falls within the powers of the city and is trivial." ;in Par.2 of the same Article, "serious matters" read "matters which should be decided by the council of aldermen in accordance with the provisions."
In Art.68, Par.1, "unpaid" shall be deleted, and Par.2 of the same Article shall be deleted.
Art.69 shall be deleted.
In Art.70, Pars.1 to 3 inclusive, "unpaid" shall be deleted;in Par.4 of the same Article, "wife" shall be read "consort" ;and in Par.5 of the same Art., "unpaid" shall be deleted.
Art.71. The provisions of Art.44, Art.46, Art.47, Art.50, Art.50-(2), Par.6, Art.55, Art.57 to Art.62 and Art.63, Par.1 shall apply with the necessary modifications to the council of aldermen.
Art.72-(2). The term of office of the mayor shall be four years computed as from the date of election.
Art.73. The mayor shall be elected by the electors from among such persons as are qualified to be elected to the office of mayor.
Any person who has the right to vote at the election of city assembly-men shall have the right to vote at the election of mayor.
The election of mayor shall be held within twenty days prior to the day of expiration of the term of office of the mayor in office.
If the mayor has made a declaration of retirement or if a vacancy has come to occur in the office of the mayor the election of a mayor shall be held within twenty days prior to the day on which the mayor in office is to retire or within fifteen days computed as from the day on which such vacancy has occurerd;provided however, that if, in a case where such event has occurred before the fixed date prescribed in Art.32, Par.3 or 6, the application with the necessary modifications of which is provided in Art.73-(16), there are those persons who have polled such number of votes as is contemplated in the proviso to Art.73-(6), Par.2, or if, in a case where such event has occurred after such fixed date, there are those persons who have polled such number of votes as has been subjected to the application of the provisions of Art.73-(6), Par.2, an election meeting shall forthwith be held and the mayor to fill the vacancy caused by such event shall be chosen from among such persons.
The provisions of Art.73-(8), Par.3 and Par.5 shall apply with the necessary modifications to the case contemplated in the proviso to the last preceding Paragraph.
The provisions of Art.73-(13), Par.4 shall apply with the necessary modifications to the term prescribed in Par.4.
Art.73-(2). Any citizen of Japan who is twenty-five years of age or upward shall be qualified to be elected to the office of mayor.
A person who falls under the provisions of the proviso, to Art.14, Par.1 shall be disqualified for being elected to the office of mayor.
The city assembly-men, paid officers or other officer of a city, who are in office may not be the mayor of the city concerned at the same time.
Art.73-(3). The affairs relating to election of a mayor or shall be administered by the electoral administrative committee for city assembly-men (it shall be referred to hereinafter in the present Chapter as the city electoral administrative committee).
The election of a mayor shall be held by using the register of electors which shall be used at the election of city assembly-men.
The city electoral administrative committee shall, on or before the fifteenth day prior to the day of election, give public notice of the polling stations and the day and hours fixed for the poll:in a case where branch polling meetings have been set up, public notice shall also be given of the sections thereof.
Act.73-(4). A person who purports to be a candidate for the office of mayor shall file notice to that effect with the presiding officer of election during the period between the day whereon public notice of the date of election has been given and the fifth day prior to the date of election.
If a person whose name has been entered in the register of electors purports to cause other person to become a candidate for the office of mayor, he may, within the period prescribed in the preceding Paragraph may file notice of recommendation of that person.
If, in a case where there are two or more candidates for the office of mayor whose notice has been filed within the period contemplated in the preceding two Paragraph any of the candidates dies or withdraw from his candidature after the expiration of that period, notice of candidature or of recommendation of a candidate may, on or before the second day prior to the date of election, be filed in the same manner as is mentioned in the preceding two Paragraph.
A candidate for the office of mayor shall not withdraw from his candidature without filing notice thereof with the presiding officer of election.
If such notices as are prescribed in the preceding four Paragraph have been filed with him or if the death of a candidate has become known to him, the presiding officer of election shall forthwith give public notice thereof.
Art.73-(5). A person who purports to file notice of candidature for the office of mayor or notice of recommendation of a candidate must, for each candidate, deposit with the competent authorities one thousand yen or national loan bonds of a face-value equal to that amount.
If the number of votes given to a candidate for the office of mayor is less than one-tenth of the total number of the valid votes cast, the subject-matter of deposit contemplated in the preceding paragraph shall rever to the city.
If a candidate for the office of mayor has withdrawn from his candidature within seven days prior to the date of election, the provisions of the last preceding Paragraph shall apply with the necessary modifications;provided, however, that this shall not apply in a case where withdrawal of a candidate has been effected by reason of his having ceased to be qualified for that office.
Art.73-(6). At the election of a mayor a person who has polled the majority of valid votes shall be elected;provided, however, that he is required to have polled three-eighths or more of the total number of the valid votes cast.
If in determining the elected person, an equality of votes is found to exist. The presiding officer of election shall determine him by the drawing of lots.
Art.73-(7). If the number of the candidate for whom notice as provided in Art.73-(4), Pars.1 to 3 inclusive has been filed is one, on poll shall be taken thereat.
If in accordance with the provisions of the preceding Paragraph no poll is required to be taken the presiding officer of election shall forthwith give public notice to that effect and at the same time make a return thereof to the city electoral administrative committee.
In the case contemplated in Par.1, the presiding officer of election shall hold the election meeting within five days from the date of election and declare the candidate to be duly elected.
In the case contemplated in the last preceding Paragraph, the eligibility of a candidate shall be decided upon by the presiding officer of election upon asking the views of the inspectors of election.
In the case contemplated in Par.3, the presiding officer of election shall, in advance, give public notice of the place of and the day and hours fixed for the election meeting.
Art.73-(8). If, in cases where any person elected falls under any of the following events, there is no person to whom the provisions of Par.2 are applicable an election shall further be held within twenty days.
1. If he has declined to accept office;
2. If he has ceased to be an elected person by virtue of Art.32-(2), the application with the necessary modifications of which is provided in Art.73-(16);
3. If he has died;
4. If he has been sentenced to a punishment upon conviction of an offence in respect of an election and the election of such person has become void, except in cases where public notice of an election by reason of an event contemplated in Art.73, Par.4 or in any of the preceding Items;
5. If the election of such person has become void in consequence of an action as provided in Art.36-(2), the application with the necessary modification of which is provided in Art.73-(16).
If, in a case where an event contemplated in any of the Items of the Preceding Paragraph has occurred before the date prescribed in Art.32, Par.3 or 6, the application with the necessary modifications of which is provided in Art.73-(16), there are those persons who have polled such number of votes as is contemplated in the proviso to Art.73-(6), Par.1, or if, in a case where such event has occurred after such date, there are those persons who have polled such number of votes as has been subjected to the provisions of Art.73-(6), Par.2, an election meeting shall forthwith be held and the mayor to fill the vacancy caused by such event shall be chosen from among such persons.
If, in a case contemplated in the last preceding Paragraph, a person who has polled such number of votes as is contemplated in the proviso to Art.73-(6), Par.1 has become to be disqualified after the date of election, he shall not be declared to be duly elected.
The provisions of Art.73-(13). Par.4 shall apply with the necessary modifications to the term prescribed in Par.1.
In the case contemplated in Par.2 the presiding officer of election shall in advance give public notice of the place of, and the day and hours fixed for, the election meeting.
Art.73-(9). if, in the case of the election of mayor there is no such person as has polled such number of votes as is provided in the proviso to Arts.73-(6), Par.1, another election shall, not withstanding the provisions of Art.73, Pars.3 and 4, Par.1 of the last preceding Article, Art.73-(11), Par.1 and Art.73-(13), Pars.1 and 3, further be held within seven days from the day of public notice prescribed in the provisions of Art.32, Par.1, the application with the necessary modifications is provided in Art.73-(16);in this case, such two persons as have polled the greatest number of the valid votes cast at that election (if, in determining such two persons, there are those persons who have polled the same number of votes, the city electoral administrative committee shall determine them by the drawing of lots) shall, notwithstanding the provisions of Art.73-(4), Pars.1 to 3 inclusive and Art.73-(5), be the candidates for the office of mayor.
In the case contemplated in the last preceding Paragraph, the committee shall, notwithstanding the provisions of Art.73-(3), Par.3 give public notice of the day and hours for the poll on or before the fifth day prior to the date of election.
At the election contemplated in Par.1, a person who has polled the majority of valid votes shall, irrespective of the provisions of Art.73-(6), be elected.
If the candidates for mayorship contemplated in Par.1, have polled the same number of votes, the presiding officer of election shall;irrespective of the provision of the last preceding Paragraph determine the elected person by the drawing of lots.
Art.73-(10). If, in consequence of the death of or the withdrawal from the candidature of a candidate for mayorship contemplated in Par.1 of the last preceding Article, there has come to be one candidate, the poll shall not be taken.
The provisions of Art.73-(7), Par.2 to 5 inclusive shall apply with the necessary modifications to the case contemplated in the preceding Paragraph.
Art.73-(11). If, in a case where the elected person contemplated in Art.73-(9), Par, 3 or 4, falls under any of the events prescribed in Art.73-(8), Par.1, there is no person to whom the provisions of Par.2 are applicable, another election shall further be held within twenty days.
If, in a case where an event contemplated in the preceding Par. has occurred, there is a person who has polled such number of votes as has been subjected to the provisions of Art.73-(9), Par.4, an election meeting shall forthwith be held and such person shall be declared to be elected.
If, in the case contemplated in the last preceding Paragraph, a person who has polled such number of votes as has been subjected to the provisions of Art.73-(9), Par.4 has become to be disqualified after the date of election, he shall not be declared to be elected.
The provisions of Art.73-(13), Par.4 shall apply with the necessary modifications to the term prescribed in Par.1.
Art.73-(12). In a case where the elected person has accepted office, the city electoral administrative committee shall forthwith give public notice of the name and domicile of the elected person and at the same time return the same to the governor of an urban or rural prefecture concerned.
If there has come to be no person elected, the committee shall forthwith give public notice to that effect and at the same time submit report thereof to the governor of an urban or rural prefecture concerned.
Art.73-(13). If the nullity of an election has become conclusive, another election shall be held within twenty days.
If the nullity of the election of a person has become conclusive, the election meeting shall forthwith be held and a person to fill the vacancy caused thereby shall be chosen;in this case, the provisions of Art.73-(8), Par.3 and Par.5 shall apply with the necessary modifications.
If no person is or remains duly elected, another election shall be held within twenty days.
The term contemplated in Par.1 and the last preceding Paragraph shall, in the case where the provisions of Art.73-(14), Par.1 or Art.73-(15), Par.1 apply, be computed as from the following day of the day when any of the causes for which the holding of an election is not allowed has ceased to exist.
Art.73-(14). The election contemplated in Art.73, Par.4, Art.73-(8), Par.1, Art.73-(11), Par.1, or Par.1 or 3 of the last preceding Article shall not be held during the period within which such objection to an election or the election of a person as relates to that election may be filed or while the determination of such objection or the decision of such appeal as relates thereto does not become final or such action as relates thereto is pending.
The mayor shall not be divested of the office until a determination or decision relating to an election or the election of himself has become final or a judicial decision relating thereto has been given.
Art.75-(15). Until after the date of election of city assembly-men has passed ina case where public notice of such date of election has been given, the election of a mayor shall not be held.
If, in a case where an event has occurred wherein the election of mayor shall be held, an event has occurred wherein the election of city assembly-men shall be held, the provisions of Art.37-(3), Par.2 shall apply.
Art.73-(16). The provisions of Art.17, Art.18, Pars.2 and 3, Art.22, Pars.3 and 4, Art.23, Art.23-(2)(except the part relating to electoral divisions), Art.24, Art.25, Pars.1 to 8 inclusive and Par.10, Arts.25-(2) to 25-(4) inclusive, Arts.27 to 27-(4) inclusive, Art.28, Items numbered 1 to 7 inclusive, Art.29, Art.30-(2), Arc.31, Pars., 1, 3, 4 and 5 (except the part relating to the ward electoral administrative committee) and Par.6, Art.32 (except the part in Par.1 relating to the ward electoral administrative committee and a report to the mayor), the principal sentence of Art.35, Art.36, Pars.1 to 5 inclusive, Art.36-(2), Art.38-(2)(except the part relating to the city electoral administrative committee and the ward electoral administrative committee), Art.39 (except the part relating to the provisions of Art.21-(3), Art.39-(2) and Art.40 shall apply with the necessary modifications to the election of mayor;provided, however, that three mentioned in Art.23-(2), Par.7 shall be deemed to be two at the election contemplated in Art.73-(9), Par.1, Art.34, Par.2 mentioned in Art.36, Pars.1 and 3, to be Art.73-(12), and the day of election, the day of public notice or the day whereon a return has been received, which is contemplated in the case where an election contemplated in Art.73-(9), Par.1 has been held, to be such days relating to an election contemplated in Art.73-(9), Par.1 and Par.7 of the last preceding Art. mentioned in Art.36-(2), Par.5, to be Art.73-(14), Par.2.
Art.74. The mayor shall not retire from office during the term of his office, unless a declaration of retirement has been made on or before the twenty-fifth day prior to the day on which he purports to retire;this shall not apply, however, if the approval of the city assembly has been obtained.
Art.75, Pars.1 to 4 inclusive shall be amended as follows:
A deputy mayor shall be appointed by the mayor upon obtaining the approval of the city assembly.
The term of office of a deputy mayor shall be four years;provided, however, that the mayor may not be precluded from removing the deputy mayor from office even during the term of office of the latter.
A deputy mayor performing the duties devolving upon the mayor on behalf of the latter shall not retire from office during the term of his office, unless he has made a declaration to that effect on or before the twenty-fifth day prior to the day on which he purports to retire;this shall not apply, however, if the approval of the city assembly has been obtained.
In Par.5 of the same Article, "the thirtieth day" shall be read "the twentieth day."
Art.75-(2) shall be deleted.
Art.76. A city may, by city bye-law, have inspecion commissioners;provided, however, that a city contemplated in Art.6 and Art.82, Par.1 is required to have them.
The inspection commissioners shall be officers of the city, and their full number shall be two;provided, however, that in the case of a city contemplated in the proviso to the preceding Paragraph, it shall be four.
The term of office of inspection commissioners shall be two years.
The term of office of the inspection commissioner appointed from among city assembly-men shall, not-withstading the provisions prescribed in the last preceding Paragraph, not exceed his term of office as the assembly-men;provided, however, that he shall not be precluded from performing his duties until his successor has come to be appointed.
The inspection commissioners shall, upon obtaining the approval of the city assembly, be appointed by the mayor equally in number respectively from among the city assembly-men and from among the persons of special knowledge and experience. Any matter, other than those provided in the present Law which may be necessary for the inspection commissioners shall be provided in a city by-law prescribed in Par.1.
In Art.77, "comptroller shall not at the same time hold any of such offices as are specified in Art.18, Par.2 or 4;furthermore, he" shall be read "inspection commissioner" ;and the following Paragraph shall be added to the same Article.
The deputy mayor or inspection commissioner shall not at the same time hold any of such offices as are specified in Art.18, Par.2 or 4.
Art.78 shall be deleted.
In Art.79, Par.3, "Art.75, Par.1, Art.76, Art.77 and Par.2 of the last preceding Article" shall be read "the principal sentence of Art.75, Par.2 and Art.77" ;and in Par.4 of the same Art, "comptroller" and "of father and son or of brothers" shall read respectively "inspection commissioner" and "of parent and child, of husband and wife, of brothers, of sisters or of brother and sister."
In Art.80 Par.1, "a paid officer of the city" shall be read "an officer of the city" ;and in Par.2 of the same Article, "and Art.78, Par.2" shall be deleted.
In Art.81, Pars.2 and 3, "comptroller" and "of father and son or of brothers" shall read respectively "inspection commissioner" and "of parent and child, of husband and wife, of brothers, of sisters or of brother and sister."
Art.82.Paras.1 to 3 inclusive shall be amended as follows:
A city designated by the Minister for Home Affairs is required, by a resolution passed at a meeting of the city assembly, to divide its area into wards each of which shall have a chief for the efficient administration of its affairs.
The chief of a ward shall be an officer of the city and shall be appointed to or removed from office by the mayor.
In Par.4 of the same Article, "the last preceding paragraph" and "Arts.80, 81" shall read respectively "Par.1" and "Arts.77 and 81."
Art.82-(2), Par.2 shall be deleted, and in Par.3 of the same Article, "from among such citizens of the city" shall read "upon obtaining the approval of the city assembly from among such citizens of the city."
Art.83, Par.1, "Committee" shall be read "standing or special committee" and in Par.2 of the same Article shall be deleted, and Par.3 of the same Article shall be amended as follows:
The committee-men shall be appointed by the mayor, upon obtaining the approval of the city assembly, from among city assembly-men and such other persons as have special knowledge and experience.
Art.84, Par.1 shall he amended as follows:
The mayor, deputy mayor, treasurer, deputy treasurer or counsellor shall, if he has come to fall under the provisions of the proviso to Art.14, Par.1, vacate his office.
In Art.85, Par.1, "paid" shall be deleted.
In Art.86, Par.1, "par.3" shall read "par.1" and "paid" shall be deleted.
Art.87-(2). If a demand for the enactment of a city by-law or a city regulation which require a resolution of the city assembly has been made to the mayor by the representative with the joint cignature of one-fiftieth or more of the total number of the persons who have the right to vote at the election of city assembly-men, the mayor shall call a meeting of the city assembly within twenty days and submit thereto the original draft together with his opinion thereon.
In the case of the preceding Paragraph, the mayor may, after amending the original draft with in such limits as he deems not contrary to its purport, submit the amended draft together with the original draft to the city assembly.
The mayor may, upon a demand of the city assembly, cause the representative contemplated in Par.1 or his proxy to be present at a meeting of the city assembly and to explain the original draft.
Such persons who have the right to vote at the election of city assembly-men as are contemplated in Par.1 shall be deemed to he such persons as are on the day on which the register of electors to be used at the election of city assembly-men becomes conclusive, entered in such register.
The number corresponding to one-fiftieth of the total number of the persons who have the right to vote at the election of city assembly-men as prescribed in Par.1 shall forthwith the given public notice by the mayor upon the register of electors prescribed in the last preceding Paragraph having become conclusive.
Any matter which may be necessary in the case of Par.1 shall be provided in an Ordinance.
Art.88. The mayor shall direct and supervise the bodies and the like within the city for the purpose of synthesis and adjustment of their activities.
The mayor may, if it is necessary for the supervision of the bodies the like within the city, cause such bodies and the like to report their business, procure their documents or ledgers from them and inspect in person their affairs.
The Mayor may issue orders or carry out dispositions, necessary for the supervision of the bodies and the like within the city, or apply for the action of the competent authorities over them.
The competent authorities of the bodies and the like within the city may revoke orders or dispositions of the mayor.
In Art.89, "twenty yen" shall read "two hundred yen"
The proviso to Par.1 of Art.90 shall be deleted, and in Par.4 of the same Article, "par.1 or 2" shall read "Par.2."
The proviso to Par.1 of Art.90-(2) shall be deleted and in Par.4 of the same Article, "the preceding three paragraphs" shall read "the preceding two paragraphs."
Art.90-(3). If a resolution of want of confidence in the mayor has been passed at a meeting of the city assembly, the mayor may dissolve the city assembly within ten days.
In the case of the dissolution of the city assembly, the election of the assembly-men shall be held within two months.
If, in a case where a resolution of want of confidence in the mayor has been passed at a meeting of the city assembly, the dissolution prescribed in Par.1 has not been carried out or if, at a meeting of the city assembly which has been convened for the first time after the dissolution, a resolution of want of confidence in the mayor has again been passed, the mayor is required to vacate his office.
With respect to the resolution contemplated in Par.1 and the last preceding Paragraph, the consent of three-fourths or more of assembly-men at a meeting of the city assembly present in which two-thirds or more of the full number of the assembly-men are present is requqired.
In Art.91, Par.5, "a report shall be made" shall read "a report and request for approval shall be made."
Art.91-(2). In the case of a city which has no city council of aldermen, if the city assembly fails to be established or if in the cases contemplated in the proviso to Art.52 it is still impossible to held a meeting of the city assembly, the mayor may, irrespective of the provisions of the last preceding Article, dispose of any of such matters as shall be resolved by the city assembly upon applying for the directions of the governor of an urban or rural prefecture with a full statement of the matters.
The provisions of the preceding Paragraph shall apply, if the city assembly fails to pass a resolution of such matters as shall be resolved thereby.
The provisions of the preceding two Paragraphs shall apply to any of such matters as shall be determined by the city assembly with respect to the disposition effected by the mayor in such case, an appeal or an action may be made or brought in pursuance with the provisions of the respective Article concerned.
Of the dispositions as provided in the preceding three Paragraphs a report and a request for an approval shall be made to the city assembly at the next meeting thereof.
Art.91-(3). In the case of a city which has no city council of aldermen, if, in case where an expeditions action is required to be taken in any of such matters as shall be resolved or determined by the city assembly, the city assembly fails to be established or if the mayor considers that there is no time for a convening a meeting thereof, the mayor shall, irrespective of the provisions of Art.91, dispose of such matter at his own discretion and make a report and a request for approval thereof to the city assembly at its next meeting.
With respect to the disposition effected by the mayor in accordance with the provisions of the preceding Paragraph, an appeal or an action may be made or brought in pursuance with the provisions of the respective Article concerned.
In Art.92, Par.1, "make a report thereof" shall read "make a report and request for approval thereof."
Art.96-(2). The inspection commissioners shall inspect the management of any undertaking carried on by the city, the revenue and expenditure of the city or the administration of any other affairs of the city.
The inspection commissioners shall conduct the inspection prescribed in the provisions of the preceding Paragraph on the day fixed therefor at least one or more times in each fiscal year.
If a demand for the inspection in respect to the matters prescribed in the provisions of Par.1 has been made to the inspection commissioners by the representative with the joint signature of one-fiftieth or more of the total number of the persons who have he tight to vote at the election of city assembly-men, the inspection commissioners are required to conduct the inspection of the matters for which such demand has been made.
If an order has been issued by the supervising authorities, if a demand prescribed in Art.45 Par.2 has been made by the city assembly or if it is considered necessary to do so, the inspection commissioners shall extraordinarily conduct the inspection prescribed in Par.1.
The inspection commissioners shall submit a return of the results of their inspection to the mavor and the city assembly.
If, in the case of a city which has no inspection commissioner, a demand for the inspection of he matters prescribed in Par.1 has been made to the mayor by the representative specified in Par.3, the mayor himself shall inspect the matters for which such demand has been made and submit a erturn thereof to the city assembly.
The mayor shall make public of the result of the inspection to the inhabitants of the city.
The provisions of Art.87-(2), Par.4 and the provisions of Par.5 o fthe same Article shall respectively apply with the necessary modifications to the persons who have the right to vote at the election of city assembly-men as prescribed in Par.3 and the number corresponding to one-fiftieth of the total number of the persons who have the right to vote at the election of city assembly-men as prescribed in Par.3.
Any matter which may be necessary in the case contemplated in Par.3 shall be provided in an Ordinance.
In Art.97, Par.1, "Art.93" shall read "Art.15-(3), Par.1. Art.15-(10), Par.2 and Art.93" .
Art.100 shall be deleted.
Art.100-(2), shall be altered to Art.100.
Art.104. City assembly-man, electoral adminisrative committee-man for city assembly-men, ward electoral administrative committee-man, alderman, inspection commissioner appointed from among the city assembly-men, counsellor, committee-man presiding officer of election, inspector of election, chief officer of a branch polling, meeting inspector of a poll, ward assembly-man, or chief of a town neighbors association, of a village neighbors association or of a federation thereof may be allowed remuneration.
The persons prescribed in the preceding Paragraph may be entitld to reimbursement of the expenses incurred for his official duties.
The amount of remuneration, the amount of reimbursement of the expenses and the manner of payment thereof shall he provided in a city bylaw.
Art.105. Mayor, deputy mayor, officer other than those prescribed in the last preceding Article or clerk of the electoral administrative committee for city assembly-men, of the ward electoral administrative committee, of the city assembly or of the city council of aldermen shall be allowed salaries and travelling expenses.
The amount of salaries, the amount of travelling expenses and the manner of payment thereof shall be provided in a city bylaw.
In Art.106, "a paid officer" shall read "an officer cotnemplated in Par.1 of the last preceding Article."
Art.107, Par.2 shall be amended as follows,
In cases where such objection as is provided in the preceding paragraph has been filed the mayor shall determine the case upon referring to the city council of aldermen (in the case of a city which has no city council of aldermen, the city assembly herein and hereinafter).
The city council of aldermen shall submit its opinion within twenty days from the day when such reference a sis provided in the last preceding Paragraph has been made.
If any person concerned is aggrieved with such determination of the mayor as is prescribed in Par.2, he may appeal to the governor of an urban or rural prefecture and if he is again aggrieved with the decision of the governor of the urban or rural prefecture he may bring an action in the court of Administrative Litigation.
In Art.116, Par.2, "Par.4" shall read "Par.3" .
The proviso to (hinder sentence of) Par.1 of Art.124 shall be deleted, and in Par.5 of the same Article,after "in case of urgency" shall be added "or in other cases of special circumstances."
In Art.129, Par.3, "twenty yen" shall read "two hundred yen."
Art.130, Par.3 shall be amended as follows:
In cases where such objection as is provided in the preceding two Paragraphs has been filed, the mayor shall determine the same upon referring to the city council of aldermen.
The city council of aldermen shall submit its opinion within twenty days from the day when such reference as is provided in the last preceding Paragraph has been made.
If a person who has been subjected to such determination of the mayor as is prescribed in Par.3 is aggrieved with such determination, he may appeal to the governor of an urban or rural prefecture and if he is again aggrieved with the decision of the governor of the urban or rural prefecture he may bring an action in the court of Administrative Litigation.
Art.141, Par.2 shall be amended as follows:
The audit shall be conducted by the inspection commissioners (in the case of a city which has no inspection commissioner, the mayor), and at special audit two or more aldermen (in the case of a city Which has no city council of aldermen, city assembly-men herein and hereinafter) elected by the mutual vote from among themselves must be present.
The inspection commissioners shall submit a return of the result of the audit to the mayor and the city assembly.
In Art.142, Par.2, "shall cause the comptroller to examine the same" small read "shall subject the same to the examination of the inspection commissioners (in the case of a city which has no inspection commissioner, the mayor himself shall examine the same)."
Art.142-(2). The mayor shall, for the purpose of making clear and plain the conditions of management in respect of the undertakings of the city which have been designated by the city. assembly, draw up the balance-sheets and other necessary documents concerning such undertakings at stated periods, subject the same to the examination of the inspection commissioners and submit them as accompanied by the latter's opinion thereon to the city assembly at the next meeting hereof.
The part of the provisions of the preceding Paragraph relating the examination of the inspection commissioners shall not apply in the case of a city which has no inspection commissioner.
In Art.145, "upon calling for the views of" shall read "upon a resolution passed at"
In Arr.146, Par.1, "The office of ward councillors shall be unpaid office of the city;matters relating to the full number of, the office of, the right to elect and the right to be elected to the office of, ward councillors" shall read "The matters relating to the full number of, the term of office of, the right to elect, the right to be elected to the office of and the register of electors of, ward assembl-men."
In Art.150, Par.2, Art.151, Par.2, Art.153, Par.2, and Art.154, Par.2, "upon calling for the views of the city, town and village councils concerned" shall read "upon resolutions passed at the city, town and village assemblies concerned:"
Art.155, Par.3 shall be amended as follows:
In cases where such objection as is provided in the last preceding Paragraph has seen raised, the administrator of the association shall determine the same upon referring to the assembly of the association.
The assembly of the associatiion shall submit its opinion within twenty days from the day when such reference as is provided in the last preceding Paragraph has been made.
If a city, town or village concerned is aggrieved with such deterniinarion of the administrator of the association as is provided in Par.3, it may appeal to the governor of an urban or rural prefecture and if it is again aggrieved with the decision of the governor of the urban or rural prefecture it may bring an action in the Court of Administrative Litigation.
Art.162. If, in a case where a demands for the disolution of the city assembly has been made to the electoral administrative committee for city assembly-men by the representative with the joint signature of one third or more of the total number of the persons who have the right to vote at the election of city assembly-men, the electoral admin-istrative committee submit the same to the vote of the electors of city assembly-men and a majority of the electors have consented for the dissolution, the city assembly shall be dissolved.
The provisions of Art.90-(3), Par.2 shall apply with the necessary modifications to the case contemplated in the perceding Paragraph.
The provisions of Art.87-(2), Par.4 and the provisions of Par.5 of the same Article shall respectively apply with the necessary modifications to the persons who have the right to vote at the election of city assembly-men as prescribed in Par.1 and the number corresponding to one-third of the total number of the persons who have the right to vote at the election of city assembly-men as prescribed in Par.1.
Any matter which may be necessary in the case contemplated in Par.1 shall be provided in an Ordinance.
Art.165. If a demand for the dismissal of the mayor or a city assembly-men has been made to the electoral administrative committee for city assembly-men by the representative with the joint signature of one-third or more of the total number of the persons who have the right to vote at the election or city assembly-men (with regard to the dismissal of a city assembly-men, if there is created an electoral division, the persons who have the right to vote at the election of city assembly-men within the electoral division to which such city assembly-men belongs), the electoral administrative committee shall submit the same to the vote of the persons who have the right to vote at the election of city assembly-men (with regard to the dismissal of a city assembly-men, if there is created an electoral division, the electors of the concerned electoral division).
If a demand for the dismissal of a deputy mayor. inspection commissioner, treasurer or city or ward electoral administrative committee-man for city assembly-men has been made to the mayor by the representative with the joint signature of one-third or more of the total number of the persons who have the right to vote at the election of city assembly-men, the mayor shall submit the same to the city assembly.
If in the case of the vote contemplated in Par.1 a majority of the electors have consented for the dismissal or if in the case contemplated in the last preceding Paragraph three-fourths or more of assembly-men present, at a meeting of the city assembly at which two-thirds or more of the full number of the assembly-man are present have consented for the dismissal, such person as is specified in the preceding two Paragraph shall vacate his office.
A demand for the dismissal of the mayor or a city assembly-man as prescribed in par.1 shall not be made for one vear from the day when the vote contemplated in Par.1 has been held:
the same shall apply for six months from the day when be has assumed the office or for six months from the day when a demand for his dismissal has been submitted to the city assembly, in respect to a deputy mayor inspection commissioner, treasurer, or city or ward electoral administrative committee-man for city assembly-men as prescribed in Par.2.
The provisions of Art.87-(2), Par.4 and the provisions of Par.5 of the same Art. shall respectively apply with the necessary modifications to the persons who have the right to vote at the election of city assembly-men as prescribed in Pars.1 and 2 and the number corresponding to one-third of the total number of the persons who have the right to vote at the election of city assembly-men as prescribed in Pars.1 and 2.
The provisions of Art.170, Par.6 shall apply with the necessary modifications to such person as has vacated his office in virtue of the provisions of Par.3.
Any matter which may be necessary in the case of Pars.1 and 2 shall be provided in an Ordinance.
In the proviso to Art.167, "specified in items 1 and 7" shall be deleted;items 2 to 6 inclusive of the same Article shall be deleted, and item 7 shall be altered to Item 2.
In Art.169, before "the obtaining of permission," shall be inserted "a report thereof may take the place of the obtaining of permission or."
In Art.170, Par.1, "comptroller," "deputy headman of a ward and the officers of the city contemplated in Arts.85 and 86," "fifty yen" and "Art.82, Par.3" shall read respectively "inspection commissioner," "the officers of the city contemplated in Arts.85 and 86, city or ward electoral administrative committee-man for city assembly-man and clerk of the city or ward electoral administrative committee for city assembly-men," "five hundred yen" and "Art.82, Par.1" : ", and in respect of the mayor, an Imperial Sanction must be obtained" shall be deleted:in Par.2 of the same Article, "higher officials" shall read "officials of second class or higher," and "unpaid" shall be deleted:in Par.3 of the same Article, "the Law concerning the Organization of Urban or Rural Prefectures (fuken-sei)" shall read "the Law concerning the Organization of Districts and Urban and Rural Prefectures (do-fukensei)," and "unpaid" shall be deleted:and in Par.5 of the same Article, "comptroller," Art.82, Par.3 "and" or headman of a ward "shall read respectively" inspection commissioner, "Art.82, Par.1" and ", chief of a ward, city or ward electoral administrative comminttee-man for city assembly-men or clerk of the city or ward electoral administrative committee for city assembly-men."
In Art.171, Par.1,after "the officers of a city" shall be inserted ", the city of ward electoral administrative committee-men for city assembly-men or the clerks of the city or ward electoral administrative committee for city asscmbly-men" ;and in Par.2 of the same Article, "twenty-five yen" shall read "two hundred and fifty yen,"
In Art.173. "paid" shall read "the" .
Art.177. Urban or rural prefectures, governors of urban or rural prefectures. councils of aldermen of urban or rural prefectures or aldermen of an urban or rural prefecture mentioned in the present Law shall be deemed to include districts, governor-generals of districts. councils of aldermen of districts or aldermen of a district.
Supplementary Provisions:
Such provisions of the present Law as are relating to civil rights (herein and hereinafter it shall include the provisions relating to unpaid offices) and election of city assembly-men (except the provisions of Pars.10 and 11 of the present Additional visions) shall come into effect as from the next general election of city assembly-men, and the day on which the rest thereof comes into effect shall be determined in an Imperial Ordinance.
In a case where an election of a mayor is held in pursuance of the present Law, if such provisions of the present Law as are relating to civil rights and election of assembly-men have nor come into effect as yet, they shall be deemed to have already come into effect in so far as the purpose of applying the provisios relating to the election of a mayor in the preset Law is concerned.
In a case where an election of a mayor is held in accordance with the present Law. such provisions of the Law of the Twenty-first Year of Showa amending a Part of the Law concerning the Organization of Tokyo Metropolis as are relating to civil rights and election of city assembly-men shall be deemed to have already come into effect in a city where such provisions have not come into effect as yet, in so far as the purpose of applying the provisions relating to the election of mayor in the present Law is concerned.
Special provisions may be made in an Ordinance in respect of such register of electors as may be necessary in a case contemplate in the last two preceding Paragraphs.
In a case where an election of city assembly-men is held by using the register of electors for the members of the House of Representatives which is subject to the application of the Imperial Ordinance. No.537 of the Twentieth Year of Showa (the Exceptions to Art.12 of the Law concerning the Election of the Members of the House of Representatives), such portion of the above-mentioned register as relates to those persons, who are eneitled to vote at an election of city assembly-men at the date of preparation of that register (it shall be referred to as the relative portion of the register of electors of the members of the House of Representatives) shall be deemed to be the register of electors for the members of the house of Representatives in so far as the purpose of applying the provisions of Art.20-(2). Par.1 as amended is concerned:in this case, with respect to the relative portion of the register of electors of the members of the House of Representatives, the former provisions shall still have effect, irrespective of the provisions of Art.21-(3), Pars.1 to 3 inclusive and Par.5 and Art.21-(4), Pars.3 and 4 as amended;provided, however, that "the mayor (in the case of a city contemplated in Art.6, the chief of a ward)." shall read "the electoral administrative committee for city assembly-men (in the case of a city contemplated in Art.6 and Art.82, Par.1, the ward electoral administrative committee)."
Any mayor or deputy mayor who is actually in office at the time when the provisions of Arts.72-(2) to 73-(16) inclusive or Art.75 as amended come into effect shall not vacate his office by virtue of the enforcement of these provisions until the mayor of deputy mayor, elected or appointed in accord-ance with these provisions, comes into Office.
Such provisions of the Law of the Twenty-first Year amending a part of the Law concerning the Organization of Towns and Villages as are relating to election of town or village assembly-men shall be deemed to have come into effect as from the next general election of ward asesmbly-men in so far as the purpose of applying the provisions of Art.146, Par.2 of the Law concerning the Organization of Cities is concerned.
"A city contemplated in Art.82, Pat.3 of the Law concerning the Organization of Cities" mentioned in the Laws other than the present Law shall read "a city contemplated in Art.82, Par.1 of the Law concerning the Organization of Cities."
Any city assembly-men in office at the present time shall, even after the expiration of the term of his office, be deemed to retain his office until the day of the election of city assembly-men which be held for the first time in accordance with the present Law.
The right to vote and the right to be elected, at the election of city assembly-men (during the period prior to the enforcement of such provisions of the present Law as are relating to civic rights and election of city assembly-men, the civic rights), and the eligibility for mayorship, of persons who are not subject to the Census Registration Law shall be suspended for the time being.
Persons specified in the last preceding Paragraph shall not be entered in the register of electors.
Such provisions as may be necessary in relation to the enforcement of the present Law shall be made in an Imperial Ordinance.