The Regulations governing the enforcement of the Tokyo Metropolis Laws shall be partially amended as follows:
In the schedule of the Regulations governing the enforcement of Tokyo Metropolis Laws.
"Chapter 1 General Rules,
Chapter 2 Metropolitan Assembly
" shall be altered to "Chapter 1 Metropolitan Assembly". "Chapter 3 Finance of the Metropolis"
shall be altered to "Chapter 2 Election of the Governor of Metropolis,
Chapter 2-(2) Demand for the Formulation of the By-laws of the Metropolis or Regulations of the Metropolis and Demand for the Inspection of Business of the Metropolis.
Chapter 3 Financial Business of the Metropolis,
Chapter 3-(2) Demand for the Dissolution of the Metropolitan Assembly and Demand for the recall of Governor of Metropolis and others
". "
Section 3 Duties and Authority of the Ward Assembly and Relation between Chief of Ward and the Ward Assembly,
Section 4 Finance of the Ward,
Section 5 Supervision of the Ward
" shall be altered to "
Section 3 Duties and Authority of the Ward Assembly,
Section 4 Election of the Chief of Ward,
Section 5 Duties and Authority of the Chief of Ward and Officers of the Ward,
Section 6 Finance of the Ward,
Section 7 Demand for the Formulation of the By-laws or regulations of the Ward and Demand for the Inspection of Business of the Ward,
Section 8 Demand for the Dissolution of the Ward Assembly and the Recall of Chief of Ward and others,
Section 9 Supervision of the Ward
".
"Chapter I" shall be deleted.
"Chapter II" shall be amended as "Chapter I".
Next to "Section I. Election of Members of Metropolis Assembly", the following Article shall be added.
Article 1. In the case of Article 13, paragraph 2 of the Tokyo Metropolis Laws (Tokyo tosei) the electoral administration committee for the election of the members of the Metropolitan assembly (hereinafter to be called electoral administration committee, excepting Section 1 Chapter 5) shall notify the electoral administration committee for the election of members of city, town or village assemblies of the city, town or village (in the case of the towns and villages mentioned in Article 38 of the Towns and Villages Laws, the electoral administration committee for the election of the majors of towns and villages (Cho son sei) of the place of residence of the person concerned to the effect that he has been granted the right of voting.
In Article 2, paragraph 1 "With neighbouring districts" shall be amended to "other districts or several districts thereof" and paragraph 5 of the same Article shall be deleted.
Article 3. The making of the supplementary electors' list as stipulated in accordance with Article 21 paragraph 2 of the Tokyo Metropolis Law shall be in accordance with the date for the making of the electors' list for the election of the Members of the House of Representatives in the ward, city, town or village therein.
When the date as well as the period concerning the inspection, confirmation and determination of objections in regard to the supplementary electors lists has been decided in accordance with the regulations of paragraph 2 of Article 21 of the Tokyo Metropolis Laws, the electoral administration committee shall immediately make an announcement thereof.
In paragraph 1 of Article 4 "chief or mayor of ward, city, town or village" shall be amended as "electoral administration committee for the election of members of ward, city, town or village assembly (In the case of towns and villages mentioned in Article 38 of Towns and Villages Laws, the Electoral Administration Committee for the election of chiefs or mayors of towns and villages, the same shall apply hereinafter) and "chief or mayor of ward, city, town and village" shall be amended as electoral administration committee for election of members of city, town or village assemblies.
In paragraph 1 of Article 5 "Governor general of Tokyo Metropolis" shall be amended as "the electoral administration committee for election of members of the Metropolis assembly" and in paragraph 2 of the same Article "Governor general of Tokyo Metropolis" shall be amended as "electoral administration committee".
In Article 6 "to establish as well as combine the areas of several towns and villages into one polling district" shall be deleted, "Governor general of Tokyo Metropolis" shall be amended as "electoral administration committee".
Article 7 item 2 shall be deleted and in item 3 of the same Article "chief or mayor of ward, town, village" shall be amended to "electoral administration committee for the election of members of the ward, town or village assembly", and the same item of same Article shall become item 2.
In Article 9 paragraph 4 "Article 39 paragraphs 2 and 3" shall be amended as "Article 35-(6) paragraphs 1 and 2".
Article 10. When the areas of a ward or a city are divided into several vote-opening districts or when the areas of several towns and villages are combined into one vote-opening district, in accordance with the regulations of Article 35-(2), paragraph 2 of the Tokyo Metropolis Laws, the electoral administration committee shall immediately make an announcement of the demarcation thereof.
Article 11. In case where one vote-opening district is formed by joining the district of several towns and villages in accordance with the provisions of Article 35-(2), paragraph 2 of the Tokyo Metropolis Laws (Tokyo-to sei) the following provisions shall apply:
1. The Superintendent of vote opening shall be appointed by a conference of the electoral administration committee for the election of the members of the town and village assemblies of the towns and villages concerned from among those who have the right to vote at the election of the members of the metropolitan assembly (in the case of towns and villages mentioned in Article 38 of the Town and Villages Laws, it shall be the electoral administration committee for the election of the chiefs of towns and villages). When no agreement can be reached by such a conference the electoral administration committee shall make the appointment.
2. The minutes of vote-opening, the minutes of polling and the ballots shall be preserved in custody by the electoral administration committee for the election of the members of town and village assembly so designated by a conference of the electoral administration committees for the elections of members of town and villages concerned during the term of office of the members. When no agreement can be reached by such a conference, these shall be preserved in custody during the term of the members by the electoral administration committee for the election of members of towns and villages assemblies designated by the electoral administration committee.
Article 12. The electoral administration committee for members of the ward, city, town and village assemblies shall appoint beforehand a person to take the place of the superintendent of the poll in the event of the latter's disability from among those who have the right to vote at the election of the members of the metropolitan assembly.
In the event of disability both of the superintendent of the poll and his proxy, the Chairman of the electoral administration committee for the election of members of the ward, city, town or village assembly shall temporarily appoint a person who shall take charge of the office of the superintendent of the poll from among either the members of the committee or the clerks.
Article 13. The provisions of the preceding Article shall be applicable mutatis mutandis to the superintendent of vote-opening.
In the vote-opening district prescribed in Article 11, the electoral administration committee for the election of members of the town and village assemblies of the towns and villages concerned shall appoint beforehand by a conference, a person who shall take the part of the superintendent of vote-opening in the event of the latter's disability from amongst such persons as possess the right of voting at the election of the metropolitan assembly. When a decision cannot be arrived at by such a conference the electoral administration committee shall make the appointment.
In the vote-opening district prescribed in Article 11, in the event of disability both of the superintendent of vote-opening and his proxy, the chairman of the electoral administration committee shall temporarily appoint a person to dispose of duties of the superintendent of vote-opening from among the members or clerks of the electoral administration committee for the election of the members of town and village assemblies of the towns and villages concerned.
Article 14. The provisions of Article 12 shall be applied mutatis mutandis to the presiding officer of election.
Article 15 to Article 19 inclusive shall be deleted.
Article 20. When the district for the inspection of ballots has been determined in accordance with Article 35-(6), paragraph 2 of the Tokyo Metropolis Laws, the electoral administration committee shall immediately make an announcement thereof.
Article 21. When the superintendent of the poll, the superintendent of vote-opening, the presiding officer of election, or proxy or person to dispose of their duties have been appointed in accordance with the provisions of Article 26, paragraph 1 or Article 35-(3), paragraph 1 or Article 36, paragraph 1 of the Tokyo Metropolis Laws or Article 11 to Article 14 of this ordinance, the electoral administration committee or the electoral administration committee for the election of members of the ward city, town or village assemblies shall immediately make an announcement of their names and addresses.
Article 23. Items 5 and 6 shall be deleted. In item 7 of the same Article "the area of ward or city or the Chief of the Local Administrative Office (Chiho-jimusho-cho)" shall be amended as "the area of ward, sub-prefecture (gun), city or", in the same Article, the same item shall be item 5 and the following paragraph shall be added to the same Article.
The sub-prefecture (gun) mentioned in item 5 of the preceding paragraph shall be the area which the Tokyo Metropolis Laws stipulate as having been under the supervision previously of the Chief of sub-prefecture (gun-cho).
In Article 24 in paragraph 1, "paragraph 1" shall be added next to "preceding Article" and in item 1 of the same paragraph "up to item 7" shall be deleted.
In Article 25 the proviso in paragraph 1 shall be deleted, in item 1 to item 4 of the same paragraph next to "Article 23", "paragraph 1" shall be added, items 5 and 6 of the same paragraph shall be deleted and in item 7 of the same paragraph "item 7" shall be amended as "paragraph 1 item 5" and in the same paragraph, the same item shall be item 5.
In Article 26 paragraph 1, next to "Article 23", "paragraph 1" shall be added.
In Article 27 paragraph 2 of Article 27 "government or municipal officers concerned" shall be amended as "clerks of the electoral administration committee for the election of the members of the ward, city, town or village assemblies".
In Article 29 paragraph 2 shall be deleted.
In Article 30 paragraph 4 "Article 39, paragraphs 2 and 3" shall be amended as "Article 35-(6) paragraphs 1 and 2".
Articles 32 and 33. deleted.
In Article 35 the same Article "Article 57-2" shall be amended to "Article 57" and the following proviso shall be added next to the same Article.
Provided that in Chapter 12 (excluding the provisions of Article 82) Local governor shall be electoral administration committee.
The following shall be added next to the same Article.
Chapter II. Election of the Governor General of Tokyo Metropolis
Article 35-(2). The expenses of election campaigns shall not exceed 50,000 yen per candidate for the Governor of Tokyo Metropolis provided that in the election prescribed in Article 93-(13), paragraph 1 of the Tokyo Metropolis Laws it shall not exceed 17,000 yen and in the election which is held again as a result of invalidation of a part of an election or in the election which is held again in accordance with the provisions of Article 22, paragraph 2 of Tokyo Metropolis Laws, it shall not exceed the amount obtained by multiplying the fraction obtained by dividing the total number of persons registered in registers of the respective areas from the total number of persons registered in the electors register on the date of the confirmation of the said register, to 50,000 yen.
In the proviso in the preceding paragraph when there is an odd sum of less than 10,000 yen it shall be left out.
Article 35-3. The provisions of Chapter 8 (excluding the provisions of Article 57) of Chapter 9, Chapter 10 (excluding the provisions of Articles 69 and 72). Chapter 12 and Chapter 12-(2) (excluding provisions in the latter part of paragraph 2 of Article 87-(5) of the Ordinance for the Enforcement of the Law for the election of the members of the House of Representatives shall be applicable mutatis mutandis to the election of the Governor General of Tokyo Metropolis provided that "national treasury" mentioned in Chapter 10 shall read "metropolis", the "local governor" mentioned in Chapter 12 (excluding the provisions of Article 82) and Chapter 12-(2) shall read "electoral administration committee" and "Minister for Home Affairs" mentioned in paragraph 3 of Article 87(3) shall read "electoral administration committee" and "minister for Home Affairs" in Article 87-(5), paragraph shall read "Governor General of metropolis", and the provisions of Chapter 12-2 shall not be applicable mutatis mutandis to the election described in Article 93-13, paragraph 1 of the Tokyo Metropolis Laws.
Article 35-(4). The provisions of Article 7 item 2, Article 9, Articles 11 to 14, Article 20, Article 21, Articles 23 to 31 and Article 34 paragraph 2 shall be applied mutatis mutandis to the election of the Governor General of Metropolis provided that "the preceding paragraph" mentioned in Article 34, paragraph 2 shall read Article 35-(2).
Chapter II-(2) Demand for the Stipulation of By-laws or Regulations of the Metropolis and the Demand for the Inspections of the Business of the Metropolis.
Article 35-5. Any person who desires to make a demand for the stipulation of the by-laws of the metropolis or regulations of the Metropolis, which requires the resolution of the Metropolitan Assembly, in accordance with the provisions of Article 94-(2) paragraph 1 of the Tokyo Metropolis Laws (hereinafter to be called Representative for demanding the stipulation of the by-laws or regulations of the metropolis) shall apply to the Governor General of the Metropolis for a Certificate of the Representative for Demanding the Stipulation of the by-laws or regulations of the Metropolis, by submitting an application form for demanding the stipulation of by-laws or regulation of the Metropolis containing the outline of such demand and such other matters as may be concerned necessary.
When an application mentioned in the preceding paragraph is made, the Governor General of the Metropolis shall immediately demand the electoral administration committee for the election of the members of the ward, city, town or village assemblies for the confirmation of whether or not the Representative for demanding the stipulation of the by-laws or regulations of the Metropolis is registered in the electors list and upon receipt of such confirmation, he shall issue the certificate described in the preceding paragraph. He shall at the same time issue a notification of the names, addresses and outline of the demand of the Representative for demanding the stipulation of by-laws or regulations of the Metropolis and report the matter to the Minister for Home Affairs.
Article 35-(6). The Representative for demanding the stipulation of by-laws or regulations of the Metropolis shall attach the application form for the demand of stipulation of by-laws or regulations of the Metropolis to the Signature register of persons demanding the stipulation of by-laws or regulations of the Metropolis and ask for the signatures and seals of those persons possessing the right to vote at the election of the members of the Metropolitan Assembly.
The signatures and seals mentioned in the preceding paragraph shall not be asped for if not within two months from the date of the notification issued in accordance with the provisions of paragraph 2 of the preceding Article.
Article 35-(7). The signature register of persons demanding the stipulation of by-laws or regulations of the metropolis shall be made in each ward, city, town or village.
On occasions of necessity for the purpose of obtaining the signature of persons possessing the right to vote at the election of the Members of the Metropolitan Assembly, it shall be permitted to make two or more copies respectively of the Signature register of persons demanding the stipulations of by-laws or regulations of the metropolis or the application form for the stipulation of by-laws or regulations of the Metropolis.
Article 35-(8). When the number of persons who have appended their signatures and seals to the signature register for the demand for the stipulation of by-laws or regulations of the Metropolis, has exceeded one fiftieth of the total number of persons possessing the right to vote at the election of the members of the Metropolitan assembly who were given notification in accordance with the provisions of paragraph 5 of Article 94-(2) of the Tokyo Metropolis Laws, the Representative for demanding the stipulation of by-laws and regulations of the Metropolis shall submit the Signature register of persons demanding the stipulation of by-laws and regulations of the Metropolis to the electoral administration committee for the election of the members of the ward, city, town or village assemblies and demand the certification of the fact that such persons who have appended their signatures and seals thereto are registered on the electors' list.
Upon receipt of the demand made in accordance with the provisions of the preceding paragraph, the committee shall compare it with the electors' list and upon confirmation of the fact that the persons who appended their signatures and seals to the signature register of persons demanding the stipulation of by-laws or regulations of the metropolis are registered on the electors' list, it shall append its seal to the comparing register and the signature register of persons demanding the stipulation of by-laws or regulations of the metropolis and certify the fact thereof.
Upon completion of the seal of certification mentioned in the preceding paragraph, the committee shall add up the total number of persons who appended their signatures to the signature register and the total number of persons thereof who are registered on the elector' list (two or more signatures by one person shall be calculated as of one signature). It shall inscribe this at the end of the Signature register and return it to the Representative for Demanding the stipulation of by-laws and regulations of the Metropolis.
Article 35-(9). In the case of a demand as described in paragraph 1 of the preceding Article being made for the first time after the making of the electors' list, the electoral administration committee for the election of the members of the ward, city, town or village assemblies shall immediately make a comparing register described in paragraph 2 of the preceding Article by reference to the electors' list provided that this shall not apply if there is a comparing register prescribed in this Ordinance or the Ordinance for the Enforcement of the Regulations of the Town and Village Laws.
Article 35-(10). A demand made in accordance with the provisions of Article 94-(2), paragraph 1 of the Tokyo Metropolis Laws shall be required to submit a document proving that there is a roster of signatures of more than one fiftieth of the total number of persons announced in accordance with the provisions of paragraph 5 of the same Article in the application form for the demand for the stipulation of by-laws and regulations of the metropolis as well as the signature register of persons demanding the stipulation of by-laws and regulations of the metropolis.
Article 35-(11). When a demand as described in the preceding Article is made, and the total number of persons who appended their signatures to the signature register of persons demanding the stipulation of by-laws or regulations of the metropolis do not reach a sufficient number, the Governor General of the Metropolis may reject it.
In the case of a demand being rejected as described in the preceding paragraph, if the signatures of a sufficient number of persons are obtained within the period stipulated in paragraph 2 of Article 35-(6), the demand may be made again.
When the demand as described in the preceding Article is made and the procedure for the demand is lacking in proper form, it shall be caused to be corrected under a time limit.
Article 35-(12). On receipt of a demand prescribed in Art. 35-(10), the Governor General of the Metropolis shall immediately notify the representatives of persons demanding the legislation of metropolitan by-laws or metropolitan regulations and make an announcement thereof at the same time reporting the fact to the Minister for Home Affairs. On the conclusion of a deliberation of the Metropolitan Assembly as prescribed in Art. 94-(2), para. 1 or para. 2 of the Law for the Organization of Tokyo Metropolis the same rule shall apply in respect of the result thereof.
Article 35-(13). The provisions of the preceding eight Articles shall be applied mutatis mutandis to the demand for inspection of business of the metropolis as prescribed in Art. 102-(2), para. 3 of the Law for the Organization of Tokyo Metropolis provided that. in Art. 35-(5), "Governor General of Metropolis" shall be "inspector", "Minister of Home Affairs" shall be "Governor General of Metropolis", and in Art. 35-(8), para. 1 and Art. 35-(10) "Art. 94-(2), para. 5 of the Law for the Organization of Tokyo Metropolis and para. 5 of the same Article" shall be "Art. 102-(2), para. 7 of the Law for the Organization of Tokyo Metropolis" and in the preceding Article "Governor General of Metropolis," shall be "inspector" and "Minister for Home Affairs" shall be "Governor General of Metropolis", "deliberation of the Metropolitan Assembly" shall be "inspection of business of the Metropolis".
In Art. 37, para. 3 "Art. 35-(8), shall read "Art. 85-(9)", "Art. 85-(9)" shall read "Art. 85-(10)" and next to the same Article the following shall be added:
Chapter 3-(3). Demand for the Dissolution of the Metropolitan Assembly and Demand for the Dismissal of the Governor General of the Metropolis.
Article 37-(2). The provisions of Art. 35-(5) to Art. 35-(11), inclusive, and the first part of Art. 35-(12) shall be applied mutatis mutandis to the demand for the dissolution of the Metropolitan Assembly prescribed in Art. 135, para. 1 of the Law for the organization of Tokyo Metropolis, provided that in Art. 35-(5), "Governor General of Metropolis" shall be "electoral administration committee" in Art. 35-(8), para. 1 or in Art. 35-(10) "Art. 94-(2), para. 5 of the Law for the Organization of Tokyo Metropolis and para. 5 of the same Article" shall be "Art. 135, para. 3 of the Law for the Organization of Tokyo Metropolis", "one fiftieth" shall be "one-third" and "Governor General of Metropolis" in Art. 35-(11), para. 1 and Art. 35-(12) shall be "electoral administration committee.
Article 37-(3). In the case of two or more demands for the dissolution of the Metropolitan Assembly, the voting may be carried out by combining it into one voting.
Article 37-(4). Vote for dissolution shall not be taken when all the members of the Metropolitan Assembly become absent.
Article 37-(5). The polling district and the vote-opening district of the voting for the dissolution of the Metropolitan Assembly shall be in accordance with the polling district and the vote-opening district for the election of the members of the Metropolitan Assembly.
Article 37-(6). When the electoral administration committee receives the form for the demand for the dissolution of the Metropolitan Assembly as prescribed in the provisions of Art. 35-(10) which are applied mutatis mutandis in Art. 37-(2), it shall obtain from the Metropolitan Assembly within twenty days a Note of Explanation containing the outline of explanation and other necessary matters.
On the occasion of the announcement prescribed in Art. 22, para.1 of the Law for the Organization of Tokyo Metropolis which are applied mutatis mutandis in Art. 37-(9), the outline of demand contained in the Demand form for the dissolution mentioned in the preceding paragraph and the outline of the explanation contained in the Note of Explanation mentioned in the same paragraph shall be announced and shown in the original copy at the entrance to the polling place or such other places as may be easily seen by the public provided that this shall not apply to the outlines of explanation, when no Note of Explanation as prescribed in the preceding paragraph has been submitted.
Article 37-(7). When the result of the vote on the dissolution becomes known, the electoral administration committee shall immediately notify the fact to the Metropolitan Assembly and to the representatives of persons demanding the dissolution thereof and make an announcement as well as report it to the Governor General of Metropolis and the Minister for Home Affairs.
When there is an assent of the majority in the vote for the dissolution of the Metropolitan Assembly, it shall dissolve at the date of the announcement prescribed in the preceding paragraph.
Article 37-(8). Concerning the vote on the dissolution of the Metropolitan Assembly, any government or public official, (including any member of the electoral administration committee or any member of the electoral administration committee for the election of the members of the ward, city, town or village assembly, or any clerk of the electoral administration committee or the electoral administration committee for the election of the members of the ward, city, town or village assembly; the same, shall apply hereinafter in this Article) who willfully neglects the execution of his function or abuses his authority and obstructs the freedom of voting, or any government or public official, witness or inspector related to the management of election business, who gives expression either of assent or of dissent to the ballot cast by an elector, (including any person who gives expression to falsification of truths) or any person perpetrates an act contemplated in either Art. 118 or Art. 127 paras. 1 to 3 inclusive, shall be subjected to imprisonment not exceeding one year or to a fine not exceeding 200 yen.
Concerning the vote on the dissolution of the Metropolitan Assembly, any government or public official, who demands from any elector an expression either of assent or dissent in regard to the ballot about to be cast or already cast by him, shall be subjected to an imprisonment not exceeding six months, or to a fine not exceeding one hundred yen.
Concerning the vote on the dissolution of the Metropolitan Assembly any witness (or inspector) who neglects his duties without a just cause shall be subjected to a fine not exceeding one hundred yen.
Article 37-(9) The provisions of Art. 16-(4), par. 2, Art. 16-(11), par. 1, Art. 22, Art. 26, Art. 27, par. 1 text, par. 2 and par. 3, Art. 28 to Art. 35 inclusive, Art. 35-(3) to Art. 35-(8) inclusive, text of Art. 35-(9), par. 1, items 1 and 5, 6 and 7, Art. 35-(10) to Art. 36 inclusive, Art. 38 tor Art. 41 inclusive, Art. 47, text of Art. 52, Art. 53, par. 1 to par. 5 inclusive and par. 7, Art. 55, par. 1 and first part of par. 2, of the Law for the Organization of Tokyo Metropolis as well as the provisions of Art. 7, item 2, Art. 9, Arts. 11 to 14 inclusive, Art. 20, Art. 21 and Art. 23 to Art. 31 inclusive of this ordinance shall be applied mutatis mutandis to the vote on the dissolution of the Metropolitan Assembly, provided that "candidate for member of assembly" contemplated in the text of Art. 27, par. 1 of the Law for the Organization of Tokyo Metropolis shall be "metropolitan assembly and the representatives of persons demanding the dissolution thereof", "any person" shall be "two persons respectively" and in Art. 29, par. 5 or 7, "name of one candidate for member of assembly or or the name or names of candidates" shall be "assent or dissent", in text of Art.35-(9), par.1, item 5, in item 6 or 7," "the name of candidate or have written whichever candidate" shall read "assent or dissent" in Art. 53, par. 1 to par. 5 inclusive or par. 7, "candidate" shall be "metropolitan assembly and representatives of persons demanding the dissolution thereof" "election" shall be "result of vote on dissolution", "Art. 48, par. 1 or Art. 51, par. 2, Art. 48, par. 2" shall be "Art. 37-(7), par. 1 of the Ordinance for the Enforcement of the Law for the Organization of Tokyo Metropolis" and in Art. 55, par. 2, first part, "these elected" shall be "result of the vote on the dissolution".
Article 37-(10). The provisions of Art. 35-(5) to Art. 35-(11) inclusive and Art. 35-(12), first part shall be applied mutatis mutandis to the demand for the recall of the Governor General of Metropolis, contemplated in the provisions of Art. 135-(2), para. 1 of the Law for the organization of Tokyo Metropolis, provided that in Art. 35-(5), "Governor General of Metropolis" shall be "electoral administration committee", in Art. 35-(8), par. 1 in Art. 35-(10), "Art. 94-(2), para. 5 or para. 5 of the same Article of the Law for the Organization of Tokyo Metropolis" shall be "Art. 135-(2), para. 6 of the Law for the Organization of Tokyo Metropolis", "one-fiftieth" shall be "one third", in Art. 35-(11), par. 1 and in Art. 35-(12) "Governor General of Metropolis" shall be "electoral administration committee".
Article 37-(11). When a Governor General loses his position or dies the vote for his recall shall not be taken.
Article 37-(12). The provisions of Art. 16-(4), par. 2 Art. 16-(11), par. 1, Art. 22, Art. 26, Art. 27, par. 1 text, paras.2 and 3, Art. 28 to Art. 35 inclusive, Art. 35-(3) to Art. 35-(8) inclusive, Art. 35-(9), par. 1, item 1, item 2, items 5 to 7 inclusive, Art. 35-(10) to Art. 36 inclusive, Art. 38 to Art. 41 inclusive, Art. 47, text of Art. 52, Art. 53, par. 1 to par. 5 inclusive and par. 7, Art. 55, par. 1 and first part of par. 2 of the Law for the Organization of Tokyo Metropolis as well as those of Art. 7, item 2, Art. 9, Arts.11 to 14 inclusive, Art. 20, Art. 21, Art. 23 to Art. 31 inclusive, Art. 37-(3) and Art. 37-(5) to Art. 37-(8) inclusive, of this ordinance shall be applied mutatis mutandis to vote for the recall of the governor of metropolis, provided that in the text of par. 1 of Art. 27 of the Law for the organization of Tokyo Metropolis "candidate" shall read "Governor General of Metropolis and Representatives of persons denanding the recall thereof", "one person" shall be "two respectively", in Art. 29, par. 5 or par. 7, "name of one candidate" or "name of candidate" shall be "name of the governor general of metropolis", in Art. 35-(9), par. 1, item 2, items 5 and 6 "candidate" shall be "governor general" in item 7 of the same par. "whichever candidate" shall "either assent or dissent or whoever" in Art. 53, pars. 1 to 5 inclusive and par. 7, "candidate" shall be "governor general of metropolis and representatives of persons demanding the recall thereof", "election" shall be "result of vote for recall". "Art. 48, par. 1 or Art. 51, par. 2 and Art. 48, par. 2" shall read "Art. 37-(7), par. 1 of Ordinance for the Enforcement of the Law for the Organization of Tokyo Metropolis", "election" and "persons elected", in the first part of Art. 55, par. 2 shall be "result of vote for recall", "Art. 37-(2)" in Art. 37-(6) of this Ordinance shall be "Art. 37-(10)", "Art. 37-(9)" shall be "Art. 37-(12)" in Art. 37-(7), par. 2, "shall be dissolved" shall be "shall lose his office".
Article 37-(13). The provisions of Art. 35-(5) to Art. 35-(11) inclusive and of the first part of Art. 35-(12) shall be applied mutatis mutandis to the demand for the dismissal of members of the metropolitan assembly contemplated in Art. 135-(2), par. 2 of the Law for the Organization of Tokyo Metropolis, provided that in Art. 35-(5), "Governor General" shall be "electoral administration committee" in Art. 35-(8), par. 1 or Art. 35-(10) "Art. 94-(2), par. 5 of the Law for the Organization of Tokyo Metropolis or par. 5 of the same Article" shall be "Art. 135-(2), par. 6 of the Law for the Organization of Tokyo Metropolis", "one fiftieth" shall be "one-third", and in Art. 35-(11), par. 1 and in Art. 35-(12) "Governor General" shall be "electoral administration committee.
Article 37-(14). When there are two or more demands for the dismissal of one and the same member of the metropolitan assembly or when a demand for dismissal of two or more members of the metropolitan assembly who belong to one and the same electoral district is made the voting for dismissal may be carried out by combining votings into one voting.
Article 37-(15). The provisions of Art. 16-(4), par. 2, Art. 16-(11), par. 1, Art. 22, Art. 26, text of Art. 27, par. 1, pars. 2 and 3, Art. 28 to Art. 35 inclusive, Art. 35-(3) to Art. 35-(8) inclusive, Art. 35-(9), par. 1, item 1, item 2 and items 5 to 7 inclusive, Art. 35-(10) to Art. 36, Art. 28 to Art. 41 inclusive, Art. 47, text of Art. 52, Art. 53, pars. 1 to 5 inclusive, and par. 7, Art. 55, par. 1 and first part of par. 2 of the Law for the Organization of Tokyo Metropolis, as well as those of Art. 7, item 2, Art. 9, Art. 11 to Art. 14 inclusive, Art. 20, Art. 21, Art. 23 to Art. 31 inclusive, Art. 37-(5) to Art. 37-(8) inclusive and Art. 37-(11) of this ordinance shall be applied mutatis mutandis to the vote for the dismissal of members of the Metropolitan assembly, provided that, "candidate" mentioned in the text of Art. 27, par. 1 of the Law for the Organization of Tokyo Metropolis shall be "members of the metropolitan assembly and the representatives of persons demanding the dismissal thereof", "one person" shall be "two persons respectively", in Art. 29 par. 5 or par. 7, "name of one candidate or names of candidate" shall be "name of member of the metropolitan assembly" in Art. 35-(9), par. 1, item 2, item 5 and item 6, "candidate" shall be "member of assembly" in item 7 of the same paragraph, "whichever candidate" shall be "assent or dissent or whoever", in the application mutatis mutandis of items 6 and 7 of the same paragraph, "voting" mentioned in the same paragraph shall be "voting or the entering of names", in Art. 53, pars. 1 to 5 inclusive and in par. 7, "candidate" shall be "member of assembly and the representatives of persons demanding the dismisal thereof", "election", shall be "result of voting for the dismissal", "Art. 48, par. 1 or Art. 51, par. 2 and Art. 48, par. 2" shall be "Art. 37-(7), par. 1 of this ordinance, in the first part of Art. 55, par. 2, "election" and "persons elected", shall be, "result of vote for dismissal", in Art. 37-(6) of this ordinance "Art. 37-(2)" shall be "Art. 37-(13)", "Art. 37-(9)" shall be "Art. 37-(15)" and in Art. 37-(7), par. 2 "shall be dissolved" shall be "shall lose his office".
Article 37-(16). The provisions of Article 35-(5) to Art. 35-(12) shall be applied mutatis mutandis to the demand for the dismissal of the inspector or member of the electoral administration committee for the election of the members of the Metropolitan Assembly contemplated in Art. 135-(2), par. 3 of the Law for the Organization of Tokyo Metropolis, provided that in Art. 35-(8), par. 1 or Art. 35-(10). "Art. 94-(2), par. 5 of the Law for the Organization of Tokyo Metropolis or par. 5 of the same Article" shall read "Art. 135-(2), par. 6 of the Law for the Organization of Tokyo Metropolis", "one fiftieth", shall be "one-third", in Art. 35-(12), "Art. 94-(2), par. 1 or 2" shall be "Art. 135-(2), par. 3".
Article 37-(17). Any inspector or member of the electoral administration committee for the election of the members of the metropolitan assembly for whom the demand for dismissal was shall lose his office at the date of the announcement which is contemplated in the provisions of Art. 35-(12), which are applied mutatis mutandis in the preceding Article on the assent of over three-quarters of the metropolitan assembly with over two-thirds of the members present.
In Art. 40 "official of the metropolis" shall be amended as "member of staff of metropolis".
Art. 41, par. 2 shall be amended as follows:
When there is a filing of objection in accordance with the provisions of the preceding paragraph, the Governor General of the Metropolis shall make a decision after seeking the advice of the Board of Aldermen.
The Board of Aldermen shall return its views within twenty days from the day on which its advice is sought in accordance with the provisions of the preceding paragraph.
Any person, who receives the decision of the Governor General of the Metropolis under the provisions of the preceding two paragraphs and who is dissatisfied with such decision may appeal to the Court of Administrative Litigation.
In Art. 44, "Chief of ward" shall be amended as "Government official belonging to the ward who performs the function of the Chief of ward".
In Art. 45, "Metropolitan by-laws contemplated in Art. 143 of the Law for the Organization of Tokyo Metropolis" shall be amended as "By-laws of the ward" or "regulations of the ward", "By-laws of the metropolis or by-laws of city, town or village contemplated in the same Article" shall be amended to "ward by-laws or ward regulations or city, town or village by-laws or city, town or village regulations" and "metropolitan by-laws of the same Article" shall be amended as "ward by-laws or ward regulations".
Article 45-(2). In case a ward is set up the members of the electoral administration committee for the election of the members of the ward assembly shall be filled by persons who are members of the electoral administration committee for the election of the members of the ward, city, town or village assembly of the ward, city, town or village to which such district belonged formerly or persons who were determined by mutual election amongst persons who were members of the electoral administration committee for the election of the members of the ward, city, town or billage assembly of the ward, city, town or elected by the ward assembly provided that when the number of persons who are the members of the electoral administration committee for the election of the members of the ward, city, town or village assembly of the ward, city, town or village to which such district formerly belonged or of persons who were members of the electoral administration committee for the election of the members of the ward, city, town or village assembly does not exceed the number fixed for the newly established electoral administration committee for the election of the members of the ward assembly these persons shall be assigned thereto and if the number is still wanting or if there are no persons who are members of the electoral administration committee for the election of the members of the ward, city, town or village assembly of the ward, city, town or village to which such district formerly belonged or there are no persons who were members of the electoral administration committee for the election of the members of the ward, city, town or village assembly, government officials belonging to the ward, who execute the functions of the Chief of ward shall assign those selected with the approval of the Governor General of Metropolis from among those persons who are or were the reserve members of the electoral administration committee for the elections of the members of the ward, city, town or village assembly of the ward, city, town or village to which such district formerly belonged (when there are neither of these sets of persons, persons who have the right to vote at the election of the members of the ward assembly).
In Art. 46, par. 3, "the Chief of ward shall" shall be amended as "the Chief of ward shall cause the inspector to investigate (in the case of a ward without an inspector he shall investigate the matter himself) and to attach his opinions thereto".
In Art. 48, par. 3, "Chief of ward" shall be amended as the Chief of ward shall cause the inspector to investigate (in the case of a ward without an inspector, he shall investigate the matter himself) and to attach his opinion thereto".
In Art. 49, "by calling on the views" shall be amended as "with the resolution". next to "Sub-Section 2,
Election of members of the ward assembly" the two following Articles shall be added.
Article. 49-(2). When electoral right is granted to a person who is in a special relation to the ward, in accordance with the provisions of Art. 145, par. 2 of the Law for the Organization of Tokyo Metropolis, the ward shall notify the fact to the ward, city, town or village of the place of such person's domicile.
Any person thus granted an electoral right under the provisions of the preceding paragraph shall not be entitled to exercise his electoral right ni the ward, city, town or village of his domicile notwithstanding his possessing an electoral right by virtue of the provisions of this ordinance, the Law for the Organization of District or urban or rural prefecture, the Law for the Organization of Cities, the Law for the Organization of Towns and Villages.
In the case contemplated in paragraph 1, the electoral administration committee for the election of the members of the ward assembly shall notify the fact of the granting of the electoral right to the electoral administration committee for tht election of the members of the ward, city, town or village assembly of the place of domicile of the person concerned.
Article 49-(3). The clerk of the electoral administration committee for the election of the members of the ward assembly, superintendent of the poll, superintendent of vote opening and the presiding officer of election shall not have the right to be elected within their competent district.
In Article 50, par. 2, next to "Chief of ward", "or the ward assembly" shall be added.
In Article 50-(2). The ward assembly shall elect an equal number of reserve members as the members of the electoral administration committee for the election of the members of the ward assembly (to be called electoral administration committee hereafter in this section).
When there is a vacancy in the committee the Chairman of the electoral administration committee for the election of the members of the ward assembly (to be called the electoral administration committee hereafter in this section) shall fill such vacancy from among the reserve members. The order shall be determined by the priority of the date of elections when elections are held differently, and when date of election is the same by the number of votes, when the number of votes is the same by lot and if there is still vacancy election of the reserve members shall be held temporarily notwithstanding the provisions of paragraph 3.
The members of the committee and reserve members shall be elected every other year.
A member of the committee shall remain in office until the appointment of his successor.
In regard to his election, a member of the committee shall not lose his right to exercise his function until the disposal or decision against him according to the provisions of Art. 80 has become final.
Article 50-(3). The electoral administration committee shall elect a chairman from among the members of the committee.
The Chairman shall supervise the business pertaining to the committee and shall represent the committee.
Article 40-(4). The electoral administration committee shall be convoked by the chairman of the committee. When there is a demand for the convocation of the committee from a member, the chairman shall convoke the same.
Article 50-(5). The electoral administration committee shall not be able to open its session unless three or more members are present.
When the number of members is diminished under the provisions of paragraph 3 and the number prescribed in the preceding paragraph is not attained the chairman shall temporarily allocate such of those reserve members as have no relation with the case in accordance with the order prescribed in Art. 50-(2), par. 2. In the case of the disability of a member and the number prescribed in the preceding paragraph is not attained, the same rule shall apply.
A chairman or a member of the committee shall not be able to participate in the deliberations concerning the personal affairs relevant either to himself or his parents, grand parents, consort, descendants or brothers or sisters provided that he may attend such a session with the consent of the committee and speak thereat.
Article 50-(6). Any deliberation of the electoral administration committee shall be determined by the majority of the members of the committee. When there is a tie the Chairman shall have the casting vote.
Article 50-(7). A clerk shall be assigned to the electoral administration committee. He shall engage in business concerning the committee under the direction of the Chairman.
The clerk shall be appointed or dismissed by the Chairman.
Article 50-(8). Matters which are necessary in connection with the electoral administration committee other than those provided for in this ordinance shall be determined by the committee.
Article 50-(9). The electoral administration committee shall display the supplementary electors' list for the inspection of those concerned in the ward office or in those places designated by the ward office from 15 November for a period of fifteen days.
The committee shall make an announcement of the places for inspection not later than three days prior to the date of the commencement of inspection.
Article 50-(10). When it is deemed that an omission or an error has occurred in the supplementary electors list, any person concerned therewith may file his objection to the electoral administration committee within the period of inspection. In such a case, the electoral administration committee shall make its decision within twenty days from the receipt of such application and when any amendment to the list is necessary, it shall immediately make the amendment.
Any person who is dissatisfied with the decision made in accordance with the provisions of the preceding paragraph may make an appeal within seven days from the date of such decision to the Governor General of the Metropolis and if any person is dissatisfied with the ruling of the same, he may make an appeal to the Court of Administrative Litigation.
In case a decision or an amendment to the list is made in accordance with the provisions of paragraph 1, the committee shall immediately make an announcement of the method thereof.
Article 50-(11). The supplementary electors' list shall be conformed as of the twentieth of December.
The list shall be preserved until the nineteenth of December of the following year.
When the ruling is confirmed or it has become necessary to amend the list as a result of a decision in the case contemplated in paragraph 2 of the preceding Article, the electoral administration committee shall immediately make the amendment.
When an amendment of the list is made in accordance with the provisions of the preceding paragraph, the committee shall immediately make an announcement of the method thereof.
Article 50-(12). In the event of necessary arising from a natural calamity or an incident, the supplementary electors' list day be made anew.
The date of the making of the supplementary electors' list which is to be made in accordance with the provisions of the preceding paragraph shall be in accordance with the date of the making of the electors' list for the election of the members of the House of Representatives and the date and period of its inspection, confirmation and determination of objections shall be determined by the electoral administration committee for the election of the members of the Metropolitan Assembly.
In the case contemplated in paragraph 1, the age of those persons who have the right to vote at the election of the members of the ward assembly shall be calculated as of the date for the confirmation of the electors' list for the members of the House of Representatives.
When the date and the period has been determined in accordance with the provisions of paragraph 1, the electoral administration committee for the election of the members of the metropolitan assembly shall immediately make an announcement thereof.
In Art. 51, par. 1. "Chief of ward" shall be amended as "electoral administration committee" and in par. 2 of the said Article "Chief of ward" shall be amended to "committee".
In Art. 52, par. 1. "Chief of ward" shall be amended as "presiding officer of election" and in par. 2 of the same Article next to "when it is intended to", "with the approval of the person cnocerned" shall be added and in pars. 4 and 5 of the same Article "Chief of ward" shall be amended as "presiding officer of election".
In Art. 54, par. 1, "Chief of ward" shall be amended as "electoral administration committee" and in par. 2 of the same Article "Chief of ward" shall be amended as "committee".
Art. 55, par. 1 shall be amended as follows:
"The superintendent of the poll 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 ward assembly.
In paragraph 3 of the same Article, "designated" shall be amended as "appointed" and "Chief of ward" shall be amended as "committee".
In Art. 56, "Chief of ward" shall be amended as "electoral administration committee".
Art. 57, par. 8 shall be amended as follows:
A voting inspector shall not resign his office without justifiable cause.
Art. 59, par. 1 shall be amended as follows:
A person, who has been selected by the electoral administration committee from among those who have the right to vote at the election of the members of the ward assembly shall be appointed presiding officer of election.
In Art. 60, par. 1, "Chief of ward" shall be amended as "electoral administration committee". "with the approval of the governor general of metropolis" shall be deleted and in par. 2 of the same Article, "Chief of ward" shall be amended as "committee". Par. 3 of the same Article shall be amended as follows:
On the day or the day following on which the report made in accordance with the provisions of Art. 35-(6), par. 3 which are applied mutatis mutandis in par. 5 is received from the superintendent of vote-opening, (if all the ballot boxes have not been received, on the day on which all the ballot boxes have been received or on the following day) tre presiding officer of election shall investigate such report at an election meeting in the presence of inspectors and calculate the total number of votes obtained by the respective candidates together with the result of inspection carried out under the provisions of Art. 35-(6), par. 2 of the Law for the Organization of Tokyo Metropolis.
In case an election is held again as a result of invalidation of a part of an election the presiding officer shall apply the provisions of the preceding paragraph with necessary modifications and carry out the procedures described in the same paragraph for that part and calculate the total number of votes obtained together with number of votes obtained by the respective candidates for the other part.
The provisions of Art. 34, Art. 35-(3), Art. 35-(5) to Art. 35-(8) inclusive and Art. 35-(10) to Art. 35-(13) inclusive of the Law for the Organization of Tokyo Metropolis and the provisions of Art. 13, par. 1, Art. 20, Art. 21 and Art. 57 of this Ordinance shall in accordance with the provisions of par. 1 be applied mutatis mutandis in the case when a vote-opening district is to be established.
Article 60-(2). The presiding officer of election shall call an election meeting on the day when all the ballot boxes have been received or on the following day.
The presiding officer of election shall open the ballot boxes in the presence of election inspectors and first investigate those ballots under the provisions of Art. 31, pars. 2 and 4 of the Law for the Organization of Tokyo Metropolis which are applied mutatis mutandis in Art. 75 and determine whether or not to accept them after hearing the opinions of the inspectors.
The presiding officer of election, together with the inspectors shall inspect the ballots by each of the districts designated by the electoral administration committee.
When it is not possible to hold on election meeting owing to a natural calamity or incident, the presiding officer of election shall designate another date.
Article 60-(3). The validity of a ballot shall be determined by the presiding officer of election after hearing the opinions of the election inspectors.
In Art. 61, par. 1 "one sixth" shall be amended as "one-quarter" in par. 1 of the same Article "the older shall be taken and if the ages are the same" shall be deleted.
In Art. 62, par. 2 "Chief of ward" shall be amended as "presiding officer of election".
In Art. 63, par. 2. "Chief of ward" shall be amended to "electoral administration committee".
Article 64. When the successful candidates have been determined, the presiding officer of election shall immediately make an announcement of the successful election to the successful candidate at the same time making an announcement of the names and addresses of the successful candidates and report it to the electoral administration committee with the minutes of the election attached thereto. When no person is elected that fact shall be announced immediately and it shall be reported to the committee with the minutes of the election attached thereto.
In the case contemplated in the preceding paragraph, the committee shall attach a copy of the minutes of the election and immediately send in a report of the addresses and names of the successful candidates or of the fact that there were no successful candidates to the Chief of word and the Governor General of the Metropolis.
When a successful candidate receives the notification of his election, he shall file an application within 5 days with the committee as to whether or not he shall accept the election.
Any government official who has been elected shall not be able to accept without the approval of his service superior.
If the application contemplated in par. 3 is not filed within the stipulated period, the election shall be deemed to have been refused.
In respect of any government official described in par. 4 who has been successfully elected the period described in par. 3 shall be within ten days.
In Art. 65, par. 1 next to "Chief of ward" "or the ward assembly" shall be added.
Art. 66, par. 1, shall be amended as follows:
When a successful candidate accepts his election, the electoral administration committee shall immediately report the fact to the Chief of ward and at the same time make an announcement of the name and address of the elected person and report this together to the Governor General of the Metropolis.
In par. 2 of the same Article, "the chief of ward shall immediately announce the fact thereof and report this together" shall be amended as "the Committee shall report this fact to the chief of ward at the same time making an announcement and report it together".
In Art. 67, par. 1, "Chief of ward" shall be amended as "electoral administration committee" and in pars. 2 and 3 of the same Article "Chief of ward" shall be amended as "committee" and in paragraph 4 of the same Article "par. 1" shall be amended as "par. 2 and in par. 7 of the same Article "Chief of ward" shall be amended as "committee".
In Art. 68, par. 1 and par. 3 "within three be amended as "par. 2" and in par. 7 of the same Article shall be deleted.
Art. 69, par. 2 shall be deleted.
Article 69-(2). When the date of the election of the Chief of ward has been announced, until the date of such election has been passed, the election of the members of the ward assembly shall not be held.
In case a cause has arisen for holding an election of the members and cause for holding an election of the chief of ward has also arisen, the election of the members shall not be held until after the expiration of the date of election for the chief of ward.
In Art. 71, par. 1, "or is a person mentioned in Art. 64, par. 5" and "whether or not he corresponds to a person mentioned in Art. 64, par. 5" and item 2 shall be deleted. Item 3 shall be item 2 and item 4 shall be item 3.
In par. 2 of the same Article "or a person mentioned in Art. 64, par. 5" shall be deleted.
Article 72. When a member of the electoral administration committee, a superintendent of the poll, a superintendent of vote-opening or a presiding officer of election ceases to possess the right to vote at the election of the members of the ward assembly, he shall lose his office.
In Art. 74, par. 1, item 1, "three hundred yen" shall be amended as "six hundred yen".
Article 75. With the exception of the provisions of Art. 60, par. 5, the provisions of Art. 28 to Art. 31 inclusive, Art. 35-(9), par. 1, Art. 40, Art. 41, Art. 45, Art. 52 and Art. 54 of the Law for the Organization of Tokyo Metropolis as well as the provisions of Art. 9, Art. 12, Art. 14, Art. 20, Art. 21, Art. 23 to Art. 31 inclusive and Art. 35 and Art. 57 of this Ordinance shall be applied mutatis mutandis to the election of the members of the ward assembly, provided that in Art. 54 par. 1 of the Law for the Organization of Tokyo Metropolis "Art. 48, par. 1" shall be "Art. 64, par. 1 of the Ordinance for the Enforcement of the Law for Organization of Tokyo Metropolis" and in par. 5 of the same Article "par. 7 of the preceding Article" shall be "Art. 67, par. 9 of the Ordinance for the Enforcement of the Law for the Organization of Tokyo Metropolis" and in Art. 20 of this Ordinance, "Art. 35-(6), par. 1 of the Law for the Organization of Tokyo Metropolis" shall be "Art. 60-(2), par. 3 of this Ordinance" and in Art. 21 of this Ordinance "Art. 36, par. 1" shall be "Art. 59, par. 1 of this Ordinance".
"Sub-section 3, Functions and Authority of the Ward Assembly and Relation of Chief of Ward to the Ward Assembly" shall be amended as "Sub-section 3, Function and Authority of Ward Assembly".
In Art. 76, par. 1. "Convocation of ward assembly" shall be amended as "convocation of an extraordinary session", par. 2 of the same Article shall be deleted, and in par. 3 of the same Article "and case to be deliberated upon" shall be deleted and "notify" shall be amended as "announce" and in par. 4 of the same Article "ward assembly" shall be amended as "extraordinary session" and "notify" shall be amended as "announce", par. 5 of the same Article shall be deleted.
Article 7j. The provisions of Art. 62 to Art. 68 inclusive and Art. 71 to Art. 76 inclusive and Art. 78 to Art. 84 inclusive of the Law for the Organization of Tokyo Metropolis shall be applied mutatis mutandis to the functions and authority of the ward assembly, provided that, in Art. 73, par. 1 of the Law for the organization of Tokyo Metropolis "Art. 44, par. 1" shall be "Art. 61, par. 1 of Ordinance for the Enforcement of the Law for the Organization of Tokyo Metropolis".
Next to Art. 78. the following shall be added
"Sub-section 4 Election of Chief of Ward".
Article 78-(2). Any person falling under the proviso of Art. 13, par. 1 of the Law for the Organization of Tokyo Metropolis shall not be eligible for the office of Chief of ward.
Any member of the ward assembly as well as any paid official of the ward or any other member of the ward on active service shall not hold the office concurrently of Chief of ward.
Article 78-(3). The election of a Chief of ward shall be held within twenty day prior to expiration of the term of the present Chief of ward.
When it comes about that the Chief of a ward is wanting, the election of a Chief of ward shall be held within twenty days from the day on which the Chief of ward becomes wanting, provided that if such cause arises before the time limit stipulated in Art. 64, par. 3 which is applied mutatis mutandis in Art. 78-(19) and there is a person who obtains the number of votes in the proviso of Art. 78-(7), par. 1 or if it arises after such time limit and there is a person who obtains the number of votes and falls under the provisions of Art. 78-(7), par. 2, and election meeting shall be held forthwith and the successful candidate shall be determined from amongst them.
The provisions of Art. 78-(9), par. 3 shall be applied mutatis mutandis in the case the proviso of the preceding paragraph.
The provisions of Art. 78-(14), par. 4 shall be applied mutatis mutandis to the period contemplated in par. 2.
Article 78-(4). The electoral administration committee shall make an announcement of the date and time of polling not later than fifteen days prior to the date of election.
The polling district of the election of the Chief of ward shall be in accordance with the polling district for the members of the ward assembly.
Concerning the election of the members of the ward assembly, in case a vote opening district is established a vote opening district shall be established in respect also of the election of the Chief of ward. The area thereof shall be in accordance with the vote-opening district for the members of the ward assembly.
Article 78-(5). Any person who wishes to become a candidate for the Chief of ward shall file an application thereof with the presiding officer of election not later than five days prior to the date of election from the date on which the date of election is announced.
Any person registered on the electors' list, who wishes to recommend a third party to the candidacy for Chief of ward, may file an application for recommendation within the period prescribed in the preceding paragraph.
When there are two or more candidates for Chief of ward for whom applications were made within the period described in the preceding two paragraphs, after the expiration of such period the candidate for Chief of ward dies or tenders resignation of the candidacy for Chief of ward, the application for recommendation may be made not later than two days prior to the date of the election, in accordance with the example of the preceding two paragraphs.
A candidate for Chief of ward may not resign his candidacy without filing application with the presiding officer of election.
When there is an application in accordance with the provisions of the preceding four paragraphs or the death of the candidate for Chief of ward becomes known, the presiding officer of election shall immediately make an announcement of the fact thereof.
Article 78-(6). Any person who wishes to file an application for candidacy for Chief of ward or file an application for recommendation shall deposit one thousand yen per candidate for Chief of ward or national bonds of face value corresponding to the same.
When the number of votes obtained by a candidate for Chief of ward does not reach one tenths of the total number of valid votes the deposit prescribed in the preceding paragraph shall belong to the ward.
The provisions of the preceding paragraph shall be applied mutatis mutandis in case a candidate for Chief of ward resigns his candidacy within seven days prior to the date of election, provided that this shall not apply when a candidate for Chief of ward resigns his candidacy as a result of having lost his eligibility for election.
Article 78-(7). In the election of the Chief of ward, a person who obtains the largest number of the valid votes shall be declared elected provided that he shall be required to have obtained more than three-eighths of the total number of valid votes.
In the determination of the successful candidate in the event of the number of votes obtained being equal, the presiding officer shall determine by causing the drawing of lots.
Article 78-(8). When the candidate for Chief of ward for which the application under the provision of Art. 78-(5), pars. 1 to 3 inclusive has been made is one, no vote shall be taken.
When it has not become necessary to have a vote taken under the provisions of the preceding paragraph, the presiding officer of election shall immediately make an announcement thereof and at the same time report it to the electoral administration committee.
In the case of paragraph 1, the presiding officer of election shall hold an election meeting within five days from the date of election and deciare the candidate for Chief of ward as elected.
In the case of the preceding paragraph, the existence or otherwise of the eligibility for election of the candidate for Chief of ward shall be determined by the presiding officer of election after hearing the opinions of the election inspectors.
Article 78-(9). In case an elected person falls under any one of the following causes and there is no person to whom the provisions of paragraph 2 may be applied, an election shall be held again within twenty days.
1. When he declines his candidacy.
2. When his election has been invalidated by the provisions of Art. 45 of the Law for the Organization of Tokyo Metropolis which are applied mutatis mutandis in Art. 78-(19).
4. When he has been punished due to a crime concerning election and his election has been invalidated, provided that this shall not apply when an announcement of the election has been made by reason of Art. 78-(3), par. 2 or of any one of the preceding items.
5. When his election has become invalidated as a result of public action taken in accordance with the provisions of Art. 54 of the Law for the Organization of Tokyo Metropolis which are applied mutatis mutandis in Art. 78-(19).
When the cause described in each of the items of the preceding paragraph occurs prior to the limit prescribed in Art. 64, par. 3 which is applied mutatis mutandis in Art. 78-(19) and there are persons who obtained votes in accordance with the proviso of Art. 78-(7), par. 1 or when it occurs subsequent to the limit thereof and there are persons who obtained votes to whom the provisions of Art. 78-(7), par. 2 were applicable, an election meeting shall be held forthwith, and the elected person shall be determined from amongst them.
In the case of the preceding paragraph when the person who obtained votes mentioned in the proviso of Art. 78-(7), par. 1 ceases to possess eligibility for election on the date of election, he shall not be determined as being elected.
The provisions of Art. 78-(14), par. 4 shall be applied mutatis mutandis to the period contemplated in par. 1.
Article 78-(10). In the election of the Chief of Ward, when there is no person who obtained votes as prescribed in the proviso of Art. 78-(7), par. 1, notwithstanding the provisions of Art. 78-(3) pars. 1 and 2, par. 1 of the preceding Article, Art. 78-(12), par. 1 and Art. 78-(14), pars. 1 and 3, an election shall be held within seven days from the date of announcement prescribed under the provisions of Art. 64, par. 1, which are applied mutatis mutandis in Art. 78-(19). In this case, notwithstanding the provisions of Art. 78-(5) pars. 1 to 3 inclusive and Art. 78-(6), two persons who obtained the largest number of valid votes in that election (in determining the two persons when there are persons with equal number of votes, the electoral administration committee shall decide by drawing of lots) shall be the candidates for chief of ward.
In the case of the election as under the preceding paragraph, notwithstanding the provisions of Art. 78-(4), par. 1, the committee shall make an announcement of the date and time of polling not later than five days prior to the date of election.
In the election contemplated in Par. 1, notwithstanding the provisions of Art. 78-(7), the person who obtains the majority of the valid votes shall be declared elected.
In case the number of votes obtained by the candidates for Chief of Ward is the same, notwithstanding the provisions of the preceding paragraph, the presiding officer of election shall determine the elected candidate by the drawing of lots.
Article 78-(11). If owing to a candidate for chief of ward mentioned in par. 1 of the preceding Article having died or declined his candidacy and there is one candidate for Chief of Ward no vote shall be taken.
The provisions of Art. 78-(8), pars. 2 to 4 inclusive shall be applied mutatis mutandis in the case contemplated in the preceding paragraph.
Article 78-(12). When the elected person mentioned in Art. 78-(10), par. 3 or par. 4 falls under any one of the causes prescribed in Art. 78-(9), par. 1 and there is no person to whom the provisions of paragraph 2 can be applied, an election shall be held again within twenty days.
In case a cause contemplated in the preceding paragraph occurs and there is a person who has obtained votes to whom the provisions of Art. 78-(10), par. 4 can be applied an election meeting shall be held forthwith and such person shall be declared elected.
In a case contemplated in the preceding paragraph the person who has obtained votes and to whom the provisions of Art. 78-(10), par. 4 are applicable ceases to be eligible after the date of election he may not be deemed to have been elected.
The provisions of Art. 78-(10), par. 4 shall be applied mutatis mutandis to the period contemplated in par. 1.
Article 78-(13). When the successful candidate accepts his election, the electoral administration committee shall immediately make an announcement of the address and name of the successful candidate and at the same time report it to the Governor General of the Metropolis.
On receipt of the report described in the preceding paragraph, the Governor General of the Metropolis shall immediately make a report of the address and name of the successful candidate to the Minister for Home Affairs.
When no person is elected the committee shall immediately make an announcement thereof and at the same time report it to the Governor General of Metropolis.
Article 78-(14). When the invalidation of an election is confirmed an election shall be held again within twenty days.
When no person is elected the committee shall firmed, an election meeting shall be held forthwith and the successful candidate shall be determined again. In this case the provisions of Art. 78-(9), par. 3 shall be applied mutatis mutandis.
When no person is elected or an elected person ceases to exist an election shall be held within twenty days.
The period described in par. 1 and the preceding paragraph shall, in the case to which the provisions of Art. 78-(16), par. 1 are applicable, shall be calculated from the day following the day on which the reason for not being able to hold the election has ceased to exist.
Article 78-(15). The election mentioned in Art. 78-(3) par. 2, Art. 78-(9), par. 1, Art. 78-(12), par. 1 or par. 1 or 3 of the preceding Article shall not be held while the election which concerns it or the period for filing of objections against the election, decision against objections or ruling on appeal has not become definite or while public action is pending.
The Chief of Ward shall not lose his office until the election or decision concerning result of election, or decision or a ruling has become definite.
Article 78-(16). The election of the Chief of Ward shall not be held in case the date for the election of the members of the ward assembly has been announced, until the date of such election has been passed.
If a cause for holding the election of the chief of ward has arisen and a cause for holding the election of the members has also arisen the example contemplated in Art. 69-(2), par. 2 shall be followed.
Article 78-(17). The provisions of Chapter 10 and Chapter 11 (excluding Art. 102) and Art. 14, par. 2, Art. 142 and Art. 147 of the Law for the Election of the Members of the House of Representatives shall be applied mutatis mutandis to the election of chief of ward, provided that in Art. 99 of the same law "officials" shall be meant to include, the clerks of the electoral administration committee for the election of the members of the ward, city, town or village assembly, superintendent of the poll, superintendent of vote opening, and presiding officer of election and in Art. 110, "Art. 102, par. 2" shall be "Art. 78-(18), par. 2, of the Ordinance for the Enforcement of the Law for the Organization of Tokyo Metropolis.
Article 78-(18). Election campaign expenses shall not exceed per candidate for Chief of Ward, the sum enumerated as follows, provided that in the election prescribed in Art. 78-(10), par. 1 it shall not exceed one-third the sum enumerated and in the election which is to be held again as a result of invalidation of a part of it or in the voting which is to be reheld in accordance with the provisions of Art. 51, par. 2 which are applied mutatis mutandis in Art. 78-(19), it shall not exceed the sum obtained by multiplying to enumerated sums by a fraction obtained by dividing the number of persons registered in the lists of competent districts by the total number of persons registered in the electors' list on the date of confirmation of the same.
1. In area not exceeding 50,000 population 5,000 yen
2. In area not exceeding 150,000 and exceeding 50,000 population 10,000 yen
3. In area exceeding 300,000 and exceeding 150,000 population 150,000 yen
4. In area not exceeding population of 300,000 population 20,000 yen
After the announcement of the date of election or polling, the Superintendent of the Metropolitan Police Board shall immediately make an announcement of the sum in accordance with the provisions of the preceding paragraph.
In the case of the proviso of paragraph 1, when there is an odd sum below one yen such odd number shall be struck off.
Article 79-(19). The provisions of Art. 28 to Art. 32 inclusive, Art. 35-(9), par. 1, item 1 to item 7 inclusive, Art. 40, Art. 41, Art. 45, Art. 52 (text), Art. 54 and Art. 146, pars. 2 and 3 and Art. 174 of the Law for the Organization of Tokyo Metropolis and Art. 9, Art. 12, Art. 13, par. 1, Art. 14, Art. 20, Art. 21, Art. 23 to Art. 31 inclusive, Art. 35, Art. 49-(3), Art. 51, par. 2, Art. 55 to Art. 59 inclusive, Art. 60, pars. 3 to 5 inclusive, Art. 60-(2), par. 7 and Art. 72 (excluding the part related to the electoral administration committee) of this Ordinance shall be applied mutatis mutandis to the election of the Chief of Ward provided that in Art. 54, par. 1 of the Law for the Organization of Tokyo Metropolis, "Art. 48, par. 1" shall be "Art. 64, par. 1 of the Ordinance for the Enforcement of the Law for the Organization of Tokyo Metropolis which is applied mutatis mutandis in Art. 78-(19) of the same Ordinance" and in par. 5 of the same Article "par. 7 of the preceding Article" shall be "Art. 78-(15), par. 2 of the Ordinance for the Enforcement of the Law for the Organization of Tokyo Metropolis" and in Art. 57, par. 7 of this Ordinance "three" shall be "two in the election prescribed in Art. 78-(10), par. 1", in Art. 67, par. 1, "par. 2 of the preceding Article" shall be "Art. 78-(13), par. 3", "date of election or date of announcement" shall be "in the case of an election held under the provisions of Art. 78-(10), par. 1 the dates pertaining to election mentioned in the same paragraph" and the provisions of Art. 64, par. 4 shall not be applied to the Chief of Ward actually in office who has been elected.
Sub-Section 5 The Functions and Authorities of the Chief of ward and the officials of the ward.
Article 79-(1). The Chief of ward shall direct and supervise the official of the Ward and may exercise disciplinary punishment. Such disciplinary punishment shall be confined to caution or fine not exceeding 500 yen.
Proviso of Art. 80, par. 1 is deleted
and par. 4 of the same Article "preceding 3 pars." shall be amended to "the two preceding paragraphs."
Article 81-(2). When the Chief of ward dissolves the ward assembly in accordance with the provisions of Art. 151-(5), par. 1 of the Law for the Organization of Tokyo Metropolis the members shall be elected within two months.
In Art. 82, par. 4 and Art. 53, par. 1 "shall report" shall be amended "shall report and obtain the approval thereof".
Article 84-(2). The inspectors shall designate a date at least once in each fiscal year and carry out the inspection prescribed in Art. 154-(2), par. 6 of the Law for the Organization of Tokyo Metropolis.
When there is an order from the competent government offices, when there is a demand from the ward assembly contemplated in Art. 62-(2), par. 2 of the Law for the Organization of Tokyo Metropolis which is applied mutatis mutandis in Art. 78 or when it is deemed necessary, the inspectors shall temporarily carry out the inspection prescribed in Art. 154-(2), par. 6 of the law for the Organization of Tokyo Metropolis.
The inspectors shall report the result of their inspection to the Chief of Ward and the Ward Assembly.
In a ward where no inspectors have been established when a demand is made for the inspection of matters prescribed in Art. 154-(2), par. 6 of the Law for the Organization of Tokyo Metropolis to the Chief of Ward from a representative prescribed in Art. 154-(3), par. 1 of the Law for the Organization of Tokyo Metropolis, the Chief of Ward shall himself inspect those matters which relate to such demand and reports his findings to the Ward Assembly.
The Chief of Ward shall make a public announcement of the result of inspection to the inhabitants of the ward.
Matters which may be necessary in regard to the inspectors other than those stipulated in this Ordinance shall be determined in ward by-laws.
Article 84-(3). The Chief of Ward as well as an inspector shall not become a person who contracts with the ward or contracts with the Chief of Ward or person entrusted by him in regard to any enterprise whose expenses are borne by the ward or become a manager therefor or unlimited company member of a legal person who mainly performs the same act or to become an executive or advisor or any person corresponding to it or manager.
An inspector shall not hold concurrent functions enumerated in Art. 146, par. 2 or 4 of the law for the Organization of Tokyo Metropolis.
Article 84-(4). When a Chief of Ward ceases to be eligible for election he shall lose his office.
When an inspector falls under the proviso of Art. 13, par. 1 of the Law for the Organization of Tokyo Metropolis he shall lose his office.
When a person who holds the office of inspector is publicly charged or subjected to preliminary questioning for a crime corresponding to penalty heavier than imprisonment, the Chief of Ward may suspend the execution of his functions. In this case during the period of suspension no remuneration or salary may be issued.
Article 84-(5). The officials of the ward prescribed in Art. 156-(2) of the Law for the Organization of Tokyo Metropolis shall take charge of business of the state, and district, urban or rural prefectures and other public bodies in accordance with laws and ordinances.
Article 84-(6). Remuneration shall be paid to the superintendent of the poll, polling inspector, superintendent of vote opening vote-opening inspector, presiding officer of election and election inspectors.
Any person enumerated in the preceding paragraph may receive reimbursements for expenses required for the execution of his functions.
Salary and travelling expenses shall be paid to a clerk of the electoral administration committee for the elections of the members of the ward assembly and of the ward assembly.
The amount of remuneration, the amount of compensations for expenses, amount of salary and travelling expenses as well as the method of payment shall be stipulated in the ward by-laws.
Article 84-(7). To the officials mentioned in Art. 156-(4), par. 1 and the staff mentioned in par. 3 of the preceding Article, retiring allowance and retirement lump payment, death allowance, and bereaved family assistance allowance may be given.
Article 84-(8). In regard to Compensation of expenses, retiring allowance, retirement lump sum, death allowance or bereaved family assistance allowance when there is dissatisfaction on the part of a person concerned, he may file an application with the Chief of ward.
When there is a filing of objection under the preceding paragraph the Chief of ward shall made a decision after consulting the Ward Assembly.
The Ward Assembly shall formulate an answer within twenty days from the date of receiving such consultation.
When a person concerned is dissatisfied with the decision of the Chief of Ward under the provisions of par. 2, he may appeal to the Governor General of Metropolis and when he is dissatisfied with the ruling of the Governor General he may make an appeal to the Court of Administrative Litigation.
"Sub-section 4" shall be amended to "Sub-section 6".
Next to Art. 86, the following paragraph shall be added:
The ward may appropriate a procedure fee for anp business undertaken specially on behalf of one individual.
Article 87. A ward may establish buildings outside its area by conference with wards, cities, towns or villages concerned.
In regard to the conference prescribed in the preceding paragraph, the resolution of a ward, city, town or village assembly shall be required to be obtained.
Article 87-(2). A ward may by a conference with another ward, city, town or village place at the disposal of its own inhabitants the property or buildings of other ward, city, town or village.
In regard to the conference of the preceding paragraph, the resolution of the ward, city, town or village shall be required.
Article 88-(2). The ward shall bear the duty of disbursing expenses which are part of the burden to be borne by the ward according to Laws and Ordinances.
The expenses required by the officials of the ward in the disposal of business mentioned in Art. 84-(6) shall be borne by the ward, provided that this shall not apply when there are separate provisions in the Laws or Ordinances.
Necessary step shall be caused to be taken in respect of the financial sources of expenses required when the ward or ward officials are made to dispose of and execute business pertaining to the state.
When the Prime Minister or respective Ministers desire according to their designations to have the business mentioned in the preceding paragraph disposed of they shall confer beforehand with the Minister for Home Affairs.
Article 88-(3). Allotted charges shall be collected to cover the expenses necessary in connection with the public facilities or any incident contemplated in Art. 157-(4), par. 2 of the Law for the Organization of Tokyo Metropolis.
The amount of allotted charges (when they are collected over several years, the whole amount) shall not exceed the limit of profits pertaining to the public facilities or the cases contemplated in Art. 157-(4), par. 2 of the Law for the Organization of Tokyo Metropolis.
When an uneven taxation is assessed in accordance with Art. 14 of the Local tax Law or when taxation is assessed against a section of a ward or Water Supply Advantage Tax is assessed in accordance with Art. 78 of the same Law or when Common Facilities Tax is assessed in accordance with Art. 79 of the same law allotted charges may not be collected for the same case. The scope of the persons from whom allotted charges may be collected and the method of collection thereof shall be determined by the ward.
In Art. 89, par. 1 "use charge" shall be amended to "use charge, service charge and allotted charge", "Metropolitan By-laws of Art. 143 of the Law for the Organization of Tokyo Metropolis" shall be amended as "ward by-laws".
In par. 2 of the same Article "use charge" shall be amended as "use charge, service charge, or allotted charge", "Metropolitan by-laws of Art. 143 of the Law for the Organization of Tokyo Metropolis" shall be amended as "ward by-laws" and in par. 3 of the same Article "use charge" shall be amended as "use charge, service charge and allotted charge" and "Metropolitan by-laws of Art. 143 of the Law for the Organization of Tokyo Metropolis" shall be amended as "ward by-laws" and "twenty yen" to "two hundred yen".
In Art. 90, par. 1 "use charge" shall be amended as "use charge service charge, allotted charge" and par. 3 of the same Article shall be amended as follows:
When there is a filing of objections in accordance with the preceding two paragraphs, the chief of ward shall determine it after consulting the ward assembly.
The ward assembly shall return its opinions within twenty days from the day on which consultation was made in accordance with the preceding paragraph.
Any person who receives the decision of the chief of ward in accordance with the provisions of par. 3 and who is dissatisfied with such decision may appeal to the Governor General of Metropolis and if he is dissatisfied with the ruling thereof he may made an appeal to the Court of Administrative Litigation.
In Art. 91, par. 1, "Use charge" shall be amended as "Use charge, service charge, allotted charge" and in par. 2 of the same Article "Metropolitan by-laws of Art. 143 of the Law for the Organization of Tokyo Metropolis" shall be amended as "ward by-laws" and next to par. 4 of the same Article the following three paragraphs shall be added.
Any person who has an objection against the disposition taken by any government official or official who received delegation from the Chief of ward in accordance with the provisions of the preceding three paragraphs he may file an application with the Chief of ward.
When there is a filing of objection as under the preceding paragraph, the Chief of ward shall determine it after consulting the ward assembly.
The ward assembly shall return its opinions within twenty days from the date of such consultation as prescribed in par. 3.
In par. 5 of the same Article, "it shall be in accordance with the provisions of preceding three paragraphs" shall be amended as "the decision of the Chief of ward in accordance with par. 6 or of the Chief of ward under the provisions of par. 2 to par. 4 inclusive".
In Art. 91-(2). For the purpose of disbursement within the scope of the Budget, the Chief of ward may incur a temporary loan after the resolution of the ward assembly has been obtained.
The loan as contemplated in the preceding paragraph shall be repaid out of the income of the fiscal year.
The proviso of Art. 92 shall be amended as follows:
provided that in Art. 128 of the Law for the Organization of Tokyo Metropolis "Minister for home Affairs" shall be "Governor General of Metropolis", "it was put to the inspection of the inspectors" in Art. 131, par. 2 shall be amended as "it was put to the inspection of the inspectors (in the case of a ward without inspectors, the Chief of ward shall himself inspect the matter) and in par. 3 of the same Article "Minister for Home Affairs" shall be "Governor General of Metropolis".
Next to Art. 92 the following shall be added.
Sub-Section 7 Demand for the stipulation of Ward By-Laws or Ward Regulations and Demand for the Inspection of the Business of the wWard.
Article 92-(2). The provisions of Art. 35-(5), Art. 35-(6), Art. 35-(7), par. 2. Art. 35-(8) to Art. 35-(12) inclusive shall be applied mutatis mutandis to the demand for the stipulation of ward by-laws or ward regulations prescribed in Art. 151-(4), par. 1 of the Law for the Organization of Tokyo Metropolis and to the demand for the inspection of the business of the ward prescribed in Art. 154-(3), par. 1 of the same Law provided that in Art. 35-(5) in regard to the demand for the inspection of business of the ward "Governor of Metropolis" shall be "Inspector", "Minister for Home Affairs" shall be "Chief of Ward" in Art. 35-(6), par. 2 "two months" shall be "one month", in Art. 35-(8), par. 1 and in Art. 35-(10) "Art. 94-(2), par. 5 of the Law for the Organization of Tokyo Metropolis and par. 5 of the same Article" shall be "Art. 151-(4), par. 5 of the Law for the Organization of Tokyo Metropolis or Art. 154-(3), par. 2 of the same Law" and in Art. 35-(11), par. 1 "Governor of Metropolis" shall in respect of the demand for inspection of business of the ward be "Inspector" and in Art. 35-(12), "Governor of Metropolis" shall be in respect of the demand for the inspection of business of the ward "inspector" and "Art. 94-(2), par. 1 or par. 2 of the Law for the Organization of Tokyo Metropolis", shall in respect of the demand for the stipulation of ward by-laws or ward regulations be "Art. 151-(4), par. 1 or par. 2 of the Law for the Organization of Tokyo Metropolis" and in respect of the demand for the inspection of the business of the ward it shall be "Art. 154-(3), par. 1 of the Law for Organization of Tokyo Metropolis", "Minister for Home Affairs" shall be "Chief of ward" and "deliberation of the Metropolitan Assembly" shall in respect of the demand for the inspection of the business of the ward be "inspection of the business of the ward".
Sub-Section 8 Demand for Dissolution of the Ward Assembly and Demand for the Dismissal of the Chief of Ward and others.
Article 92-(3). The provisions of Art. 35-(5), Art. 35-(6), Art. 35-(7), par. 2 Art. 35-(8) to Art. 35-(11) inclusive and Art. 35-(12) first part shall be applied mutatis mutandis to the demand for the dissolution of the ward assembly, prescribed in Art. 158-(2), par. 1 of the Law for the Organization of Tokyo Metropolis, provided that in Art. 35-(5), "Governor General of Metropolis" shall be "electoral administration committee", "Minister for Home Affairs" shall be "Governor of Metropolis", in Art. 35-(6), par. 2, "two months" shall be "one month", in Art. 35-(8), par. 1 or Art. 35-(10), "Art. 94-(2), par. 5 of the Law for the Organization of Tokyo Metropolis or par. 5 of the same Article" shall be "Art. 158-(2), par. 2 of the Law for the Organization of Tokyo Metropolis", "one-fiftieth" shall be "one-third", in Art. 35-(11), par. 1, "Governor General of Metropolis" shall be "electoral administration committee".
Article 92-(4). The provisions of Article 28 to Art. 32 inclusive of the Law for the Organization of Tokyo Metropolis, Art. 35-(9), par. 1, item 1, text of item 5, items 6 and 7, Art. 40, Art. 41, text of Art. 52 and Art. 148, par. 1, as well as Art. 9, Art. 12 to Art. 14 inclusive, Art. 20, Art. 21, Art. 23 to Art. 31 inclusive, Art. 37-(3), Art. 37-(4), Art. 37-(6), Art. 37-(8), inclusive, Art. 51, Art. 55, Art. 56, Art. 57, par. 1 pars. 7 and 8, Art. 58, Art. 59, Art. 60 pars. 3 to 5 inclusive, Art. 60-(2), Art. 60-(3), Art. 63, Art. 67 pars. 1 to 7 inclusive and par. 9, Art. 68, pars. 1 and 2, Art. 78-(4), pars. 2 and 3 and of Art. 81-(2) of this Ordinance shall be applied mutatis mutandis to the vote for the dissolution of the ward assembly provided that in Art. 29, par. 5 or par. 7 of the Law for the Organization of Tokyo Metropolis "name of one candidate for member of assembly" or "name of candidate" shall be "assent or dissent", in text of Art. 35-(9), par. 1, item 5, item 6 or item 7 "name of candidate" or "entered whichever candidate shall be "assent or dissent" in Art. 37-(6), par. 2 of this ordinance "Art. 22, par. 1 of Law for Organization of Tokyo Metropolis which is applied mutatis mutandis in Art. 37-(9)" shall be "Art. 55, par. 5 which are applied mutatis mutandis in Art. 92-(4)" in Art. 37-(7), par. 1 "Governor General of Metropolis and Minister for Home Affairs" shall be "Chief of ward and Governor General of Metropolis", in Art. 57, par. 1 "candidate for member of assembly" shall be "representative for the demanding of dissolution of ward assembly" "one person who shall be a polling inspector" shall be "respectively two polling inspectors", in Art. 67, pars. 1 to 7 inclusive and par. 9 "candidate" shall be "representative for the demanding of dissolution of ward assembly", "successful election" shall be "result of pote for dissolution", "Art. 64, par. 1 or par. 2 of the preceding Article, Art. 64 par. 2" shall be "Art. 37-(7), par. 1 which is applied mutatis mutandis in Art. 92-(4)", "same paragraph or paragraph 2 of the preceding Article" shall be "same paragraph", in Art. 68, par. 2 "successful election" and "successful candidate" shall be "result of vote for dissolution", "Art. 65, par. 4" shall be "Art. 59, par. 4".
Article 92-(5). The provisions of Art. 135-(2), par. 5, first part of the Law for the Organization of Tokyo Metropolis as well as Art. 35-(5) of this Ordinance, Art. 35-(6), Art. 35-(7), par. 2, Art. 35-(8) to Art. 35-(11) inclusive and Art. 35-(12) first part shall be applied mutatis mutandis to the demand for the resignation of the Chief of ward prescribed in Art. 158-(3), par. 1 of the Law for the Organization of Tokyo Metropolis, provided that in Art. 35-(5), "Governor General of Metropolis" shall be "electoral administration committee", "Minister for Home Affairs" shall be "Governor General of Metropolis", in Art. 35-(6), par. 2, "two months" shall be "one month", in Art. 35-(8), par. 1, and Art. 35-(10), "Art. 94-(2), par. 5 of the Law for the Organization of Tokyo Metropolis" and par. 5 of the same Article" shall be "Art. 158-(3) par. 3 of the Law for the Organization of Tokyo Metropolis", "one fiftieth" shall be "one-third" and in Art. 35-(11), par. 1 and Art. 35-(12), "Governor General of Metropolis" shall be "electoral administration committee".
Article 91-(6).The provisions of Art. 28 to Art. 32 inclusive, Art. 35-(9), par. 1, item 1, item 2, item 5 to item 7 inclusive, Art. 40, Art. 41, text of Art. 52 and Art. 148, par. 1 of the Law for the Organization of Tokyo Metropolis as well as the provisions of Art. 9, Art. 12 to Art. 14 inclusive, Art. 20, Art. 21, Art. 23 to Art. 31 inclusive, Art. 37-(3), Art. 37-(6) to Art. 37-(8) inclusive, Art. 37-(11), Art. 51, Art. 55, Art. 56, Art. 57, par. 1, par. 7 and par. 8, Art. 58, Art. 59, Art. 60, par. 3 to 5 inclusive, Art. 60-(2), Art. 60-(3), Art. 63, Art. 67, pars. 1 to 7 inclusive and par. 9, Art. 68, par. 1 and par. 2 as well as Art. 78-(4), pars. 2 and 3 of this Ordinance shall be applied mutatis mutandis to the vote for the removal of the Chief of Ward provided that in Art. 29, par. 5 or par. 7 of the Law for the Organization of Tokyo Metropolis "name of one candidate" or "name of candidate" shall be "name of Chief of ward" in Art. 35-(9), par. 1, item 2, items 5 and 6, "candidate" shall be "Chief of ward", in item 7 of same paragraph "whichever of the candidates", shall be "assent or dissent" or "who" in Art. 37-(6) of this Ordinance "Art. 37-(2)" shall be "Art. 92-(5)", "Art. 22, par. 1 of the Law for the Organization of Tokyo Metropolis which is applied mutatis mutandis in Art. 37-(9)" shall be "Art. 55, par. 5 of this Ordinance which is applied mutatis mutandis in Art. 92-(6)" in Art. 37-(7), par. 2, "shall be dissolved" shall be "shall lose his office", in Art. 37, par. 1, "candidate" shall be "chief of ward and representative for demanding his withdrawal", "one person who shall be the polling inspector" shall be "two polling inspectors respectively", in Art. 67, pars. 1 to 7 and par. 9, "candidate" shall be "Chief of ward and representative for demanding hsi withdrawal", "successful candidate" shall be "result of the voting", "Art. 64, par. 1 or par. 2 of the preceding Article" and "Art. 64, par. 2" shall be "Art. 37-(7), par. 1 which is applied mutatis mutandis in Art. 92-(6)", "same paragraph or par. 2 of the preceding Article", shall be "same paragraph", in Art. 68, par. 2, "successful election" and "successful candidate" shall be "result of vote for withdrawal" "Art. 65, par. 5" shall be "Art. 59, par. 4".
Article 92-(7). The provisions of Art. 135-(2), first part of para.5 of the Law for the Organization of Tokyo Metropolis as well as the provisions of Art. 35-(5), Art. 35-(6), Art. 35-(7), par. 2, Art. 35-(8) to Art. 35-(11) inclusive and first part of Art. 35-(12) of this Ordinance shall be applied mutatis mutandis to the demand for the dismissal of the members of the ward assembly, prescribed in Art. 158-(3), par. 1 of the Law for the Organization of Tokyo Metropolis, provided that, in Art. 35-(5), "Governor General of Metropolis" shall be "electoral administration committee", "Minister for Home Affairs" shall be "Governor General of Metropolis", in Art. 35-(6), par. 2, "two months" shall be "one month", in Art. 35-(8), par. 1 and Art. 35-(10), "Art. 94-(2), par. 5 of the Law for the Organization of Tokyo Metropolis" and "par. 5 of the same Article", shall be "Art. 158-(3), par. 3 of the Law for the Organization of Tokyo Metropolis", "one-fiftieth" shall be "one-third", in Art. 35-(11), par. 1 and Art. 35-(12), "Governor General of Metropolis" shall be "electoral administration committee".
Article 92-(8). The provisions of Art. 28 to Art. 32 inclusive, Art. 35-(9), par. 1, item 1, item 2, item 5 to item 7 inclusive, Art. 40, Art. 41, Art. 52 text, and Art. 148, par. 1 of the Law for the Organization of Tokyo Metropolis as well as the provisions of Art. 9, Art. 12 to Art. 14 inclusive, Art. 20, Art. 21, Art. 23 and Art. 31 inclusive, Art. 37-(3), Art. 37-(6) to Art. 37-(8) inclusive, Art. 37-(11), Art. 51, Art. 55, Art. 56, Art. 57, par. 1 par. 7 and par. 8, Art. 8, Art. 59, Art. 60, pars. 3 to 5 inclusive, Art. 60-(2), Art. 60-(3), Art. 63, Art. 67, pars. 1 to 7 and par. 9, Art. 68, par. 11 and par. 2 as well as Art. 78-(4), pars. 2 and 3 of this Ordinance shall be applied mutatis mutandis to the vote for the dismissal of the members of the ward assembly, provided that in Art. 28, par. 5 or par. 7 of the Law for the Organization of Tokyo Metropolis, "name of one candidate" or "name of candidate" shall be "name of member of ward assembly", in Art. 35-(9), par. 1, item 2, items 5 and 6 "candidate" shall be "member of ward assembly", in item 7 of the same paragraph, "whichever candidate" shall be "assent or dissent" or "who" in regard to the application mutatis mutandis of item 6 and item 7 of the same paragraph, "voting" mentioned in the same paragraph shall be "voting or entering of name", in Art. 37-(6) of this Ordinance, "Art. 37-(2)" shall be "Art. 92-(7)", "Art. 22, par. 1 of the Law for the Organization of Tokyo metropolis" which is applied mutatis mutandis in Art. 37-(9) shall be "Art. 55, par. 5 whose provisions is applied mutatis mutandis in Art. 92-(8)", in Art. 37-(7), par. 2 "shall be dissolved" shall be "shall lose his office", in Art. 57, par. 1 "candidate" shall be "member of ward assembly and representative for demanding the dismissal thereof" "one person who shall be a polling inspector", shall be "two polling inspectors respectively", in Art. 67, pars. 1 to 7 inclusive and par. 9, "candidate" shall be "member of ward assembly and representative for demanding the dismissal thereof", "successful election" shall be "result of vote for dismissal". "Art. 64, par. 1" or "par. 2 of the preceding Article" and "Art. 64, par. 2" shall be "Art. 37-(7), par. 1 which is applied mutatis mutandis in Art. 92-(8)", "same paragraph or paragraph 2 of the preceding Article" shall be "same paragraph". in Art. 68, par. 2, "successful election" and "successful candidate" shall be "result of vote for dismissal" and "Art. 65, par. 4" shall be "Art. 59, par. 4".
Article 92-(2). The provisions of Art. 135-(2), second part of par. 5 of the Law for the Organization of Tokyo Metropolis and Art. 35-(5) of this Ordinance, Art. 35-(6), Art. 35-(7), par. 2, Art. 35-(8) to Art. 35-(12) inclusive and Art. 37-(17) shall be applied mutatis mutandis to the demand for the dismissal of the inspectors or members of the electoral administration committee for the election of the members of the ward assembly, prescribed in Art. 158-(3), par. 1 of the Law for the Organization of Tokyo Metropolis, provided that in Art. 35-(5), "Governor General of Metropolis" ihall be "Chief of Ward" "Minister for Home Affairs", shall be "Governor General of Metropolis", in Art. 35-(6), par. 2, "two months" shall be "one month", in Art. 35-(8), par. 1 and Art. 35-(10), "Art. 94-(2), par. 5 of the Law for the Organization of Tokyo Metropolis" and "par. 5 of the same Article" shall be "Art. 158-(3), par. 3 of the Law for the Organization of Tokyo Metropolis" "one fiftieth", shall be "one-third" and in Art. 37-(17), "preceding Article" shall be "Art. 92-(9)".
"Sub-section 5" shall be amended to "Sub-section 9".
Article 93-(2). The following items shall receive the approval of the Governor General of Metropolis.
1. To establish, amend or abolish ward by-laws.
2. Excluding the case prescribed in Art. 93-(3) to raise a ward loan, as well as determining method of raising it and method of fixing rate of interest and repayment thereof or to alter them provided that it shall not apply when different biews are held in Art. 91-(2), par. 1.
Article 93-(3). Throughout the period of fixed Reposit in respect of any case concerning a ward loan and borrowings which is in the second year of settlement period in respect repayment by means of borrowed money in the following year, the approval of the Minister of Home Affairs shall be obtained.
Article 93-(4). For any of the following items no permission is required from supervisory government agencies.
1. For adjustment of arable land or for adjustment of remarcation to change the boundaries of the ward, provided that this shall not apply when different views are held by the ward, city, town, or village concerned.
2. The making, amendment, or abolition of by-laws pertaining to announcement ceremony, seals, sending of documents or various certifications.
3. The making, amendment or abolition of by-laws concerning the supervision of public facilities and its use as well as use charges.
4. The taking, amendment or abolition of by-laws concerning service charge, default fees and deposit payments.
5. The making of by-laws concerning ward tax (excluding Art. 21, pars. 2 and 3 of the Local Tax Law which are applied mutatis mutandis in Art. 85-(13) of the same Law and Art. 23, par. 1 as well as the by-laws of Art. 65, par. 2) and the amendment or abolition thereof, provided that this shall not apply to those matters which require the approval of the Supervisory government office in accordance with the provisions of the Local Tax Law and the Ordinance for the enforcement of the Local Tax Law.
6. To abolish the by-laws concerning allotted charges.
7. To diminish the amount of borrowing of ward loan or to lower the rate of interest.
8. To change the loan source of the ward loan or to change the ward loan from a bond issue system to another system of loan or to change a ward loan which is not in accordance with a bond issue system to a bond issue system.
9. To shorten the period of repayment of the ward loan or not to extend the term of repayment and thus to change the borrowing without raising the rate of interest or to settle payment by shortening it provided that owing to change of borrowings due to external funds or in regard to change of borrowing effected by external funds the rule shall not apply.
10. Without the extension of the number of years for settlement of ward loan to change uneven repayment to equal repayment or to change the period for repayment or frequency or repayment within the fiscal year.
11. Funds of the Metropolis or capital or concerning ward loans which were borrowed from the income of the Metropolitan assembly which have been loaned to the ward.
12. The making, amendment or abolition of ward by-laws concerning the ward loan.
In Art. 95, "Public official" shall be amended as "member of staff".
Article 97. The service regulations of the ward public officials, of Art. 156-(2) of the Law for the Organization of Tokyo Metropolis, members of the electoral administration committee for the election of the members of the ward assembly and clerks of he electoral administration committee for the election of the members of the ward such disciplinary punishment shall be warning or follows:
The Governor General of Metropolis shall exercise disciplinary punishment over the members of staff described in the preceding paragraph and such disciplinary punishment shall be warning or fine not exceeding 500 yen.
In Art. 98, "Art. 135, par. 1 or par. 2" shall be deleted.
The proviso of Art. 101 shall be amended as follows:
"provided that in Art. 44, any government official belonging to the ward to dispose of the finetion of Chind of ward" shall be amended as "temporary proxy of mayor of headman of city, town or village or government official in charge of functions" in Art. 45, "ward by-laws or ward regulations or city, town or village by-laws or city, town or village regulations" shall be amended as city, town or village by-laws or city, town or village regulations", in Art. 45-(2), "government official belonging to the ward who shall execute the functions of chief of ward" shall be "temporary proxy of mayor or headman of city, town or village or a government official in charge of functions", in Art. 46, par. 2, "government official or public official designated by Governor General of Metropolis", "person who had been or performed the functions of mayor or headman of city, town or village.
In the proviso of Art. 104 "Art. 29, par. 2 and par. 3 as well as" shall be deleted.
In Art. 106, par. 1, "Chief of ward, mayor or headman of city, town or village", shall be amended as "electoral administration committee for the election of the members of ward, city, town or village assembly", "electors lists for the election of the members of the metropolitan assembly" shall be amended as "Supplementary electors' list for election of members of the metropolitan assembly" "Governor General of Metropolis" shall be amended as "electoral administration committee" in par. 2 of the same Article "Governor General of Metropolis" shall be amended as "electoral administration committee" "area of the metropolis" shall be amended as "area of Metropolis where wards exist" and next to par. 5 of the same Article, the following proviso shall be added.
"provided that this shall not apply in respect of areas which belong to the areas of city, town or village within the metropolis".
In Art. 107, par. 1, "The election of members of the city, town or village assembly shall be carried out in accordance with the electors' list contemplated in Paragraph 2", "the electoral administration committee for the election of the members of the city, town or village assembly shall make a supplementary electors's list for the election of the members of the city, town or village assembly.
In this case, the making of the list, the inspection, conformation and decision on objections and the dates and periods thereof shall be determined by the prefectural governor".
Paragraphs 2 and 3 of the same Article shall be amended as follows. The provisions of the preceding paragraph shall not be applied to those areas which formerly belonged to the City, Town or Village within the Metropolis. In par. 4 of the same Article, "preceding paragraph" shall be amended as "first paragraph" in par. 5 of the same Article "paragraph 2" shall be amended as "paragraph 1" in par. 6 of the same Article "chief or mayor of ward, city, town or village" shall be amended as "electoral administration committee for the election of members of the ward assembly", "ward, city, town or village" to "ward" and "electors' list for election of members of metropolitan assembly" shall be amended as supplementary electors' list for election of members of metropolitan assembly.
Article 108. Concerning any town or village association a Metropolis which disposes the whole business of town and villages in common, in the application of the provisions of Chapter 1, Section 1, Chapter 2, Chapter 2-(2) and Chapter 3-(2) it shall be regarded is one town or village and the electoral administration committee for the election of members of association shall be regarded as the electoral administration committee for the election of the members of the town or village and as public officers of such association shall be deemed to be the officials of towns or villages provided that this shall not apply to "town or village" in Article 4.
Concerning any town or village within a Metropolis which disposes the village office business of a town or village in common, it shall be deemed as far as the application of the provisions of Chapter 1 Section 1, Chapter 2, Chapter 2-(2), and Chapter 3-(2) concerned as one town or village, the electoral administration committee for the election of the supervisions or associations shall be deemed to be the same as the electoral administration committee for the election of members of town or village assembly and the public officials of the association to be the public officials of town or village provided that this shall not apply to "town or village" in Article 4.
In Art. 113, "hearing the opinions" shall be amended as "after obtaining the resolution".