法令番号: 勅令第263号
公布年月日: 昭和21年5月7日
法令の形式: 勅令

審議経過

We hereby give Our sanction with the advice of the Privy Council to the Ordinance governing removal, exclusion, reinstatement etc. of teachers and educational officials under the Imperial Ordinance No. 542 of the twentieth year of Showa (1945) concerning the Orders to be issued in consequence of Our acceptance of the Potsdam Declaration, and cause the same to be promulgated.
Signed: Hirohito, Seal of the Emperor
This sixth day of the fifth month of the twenty-first year of Showa (6 May, 1946)
　Countersigned: Baron　Kijuro Shidehara Prime Minister
　Chuzo Mitsuchi Minister of Home Affairs
　Yoshishige Abe Minister of Education
　Sempachi Soejima Minister of Agriculture and Forestry
　Giichi Murakami Minister of Transportation
Imperial Ordinance No. 263
Article 1.　A person who actually holds a position in the educational service when the present ordinance is put into force and who is designated by the competent Minister as falling under the categories of career military personnel, notorious militarist, ultranationalist or notorious antagonist of the objectives and policies of the occupation of Japan by the Allied Powers as specified in the Memorandum of the Supreme Commander for the Allied Powers dated 22 October 1945 on the Administration of the Educational System of Japan and in the Memorandum dated 30 October 1945 on Investigation, Screening, and Certification of Teachers and Educational Officials (Hereinafter called non-acceptable person for educational service), shall be removed from such a position and be henceforward disqualified from taking a position in the educational service.
When it is impossible to obtain a suitable replacement, the person who falls under the provisions of the preceding paragraph may in spite of such provisions be retained in a position in the educational service until suitable replacement can be secured in accordance with the rule laid down by the competent Minister.
The provisions of Paragraph 1 do not prevent the application of the provisions of Article 1 of the Imperial Ordinance No. 109 of 1946 to a person who, at the time of the enforcement of the present ordinance, actually holds a position in the educational service, customarily filled by one with the treatment as official of First Grade or above.
Article 2.　A person who is to take a position in the educational service within 6 months after the enforcement of the present ordinance and who is designated by the competent Minister as non-acceptable person for educational service in accordance with the provisions of Paragraph 1 of the preceding article, shall be henceforward disqualified from taking a position in the educational service.
Article 3.　A person who has been removed from a position in the educational service before the enforcement of the present ordinance and who is designated by the competent Minister as falling under the categories of liberal or anti-militarist as specified in the Memorandum of the Supreme Commander for the Allied Powers dated 22 October 1945 on the Administration of the Educational System of Japan and in the Memorandum dated 30 October 1945 on Investigation, Screening, aud Certification of Teachers and Educational Officials, shall, within the period limitted to 6 months after the enforcement of the present ordinance, be preferentially reinstated.
Article 4.　The term "position in the educational service", as used in the present ordinance shall mean and include the positions, designated by the competent Minister, of teachers or other officials of government, public or private schools, government or public officials concerned with education and officials of educational corporations.
Article 5.　Each Ministry, board, bureau or office of the Central or Prefectural government shall, in accordance with the stipulations made by the competent Minister, collect the questionnaires necessary for the application of the provisions of Articles 1 to 3.
Article 6.　A person who has wilfully made false entries or failed to make full and complete disclosures in the questionnaire mentioned in the preceding article or a person who has been asked for presentation of the questionnaire prescribed in the same article, but failed to do so, shall be subject to penal servitude or imprisonment for less than one year or to a fine of less than 3,000 yen.
Supplementary Provision:
The present Ordinance shall come into force as from the day of its promulgation.