法令番号: 勅令第464号
公布年月日: 昭和21年10月4日
法令の形式: 勅令
I hereby give My sanction to the Imperial Ordinance amending a part of the Ordinance relative to the Application of the Law concerning the Organization of Urban or Rural Prefectures and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This fourth day of the tenth month of the twenty-first year of Showa (October 4, 1946)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister for Home Affairs OMURA Seiichi
Imperial Ordinance No. 464
A part of the Ordinance relative to the Application of the Law concerning the Organization of Urban or Rural Prefectures shall be amended as follows.
The title of this Ordinance shall read as follows:
The Ordinance relative to the application of the Law concerning the Organization of Districts and Urban or Rural Prefectures. (Do-Fuken-sei-Shikorei)
"Chapter I" shall read "Chapter I-2" and "Chapter I-2. The Law concerning the Organization of Urban or Rural Prefectures" shall read "Chapter I-3. The Law concerning the Organization of Districts and Urban or Rural Prefectures".
Article 1-2 shall be deleted.
In Article 1, paragraph 1 the words "The Law concerning the Organization of Urban or Rural Prefectures" shall read "the Law concerning the Organization of Districts and Urban or Rural Prefectures"; and the words "vicinity areas" shall read "other area or other several areas"; and in the same article, paragraphs 2 to 4 inclusive, the words "the Law concerning the Organization of Urban or Rural Prefectures" shall read "the Law concerning the Organization of Districts and Urban or Rural Prefectures"; and paragraph 5 of the same article shall be deleted; and the same article shall be amended as Article 1-2; and the following words shall be inserted before the same article.
Chapter I. General Rules (tsusoku)
Article 1. In the present Ordinance, the words, on urban or rural prefecture, committee for the administration of election of councillors of an urban or rural prefecture, councillor of an urban or rural prefecture, governor of an urban or rural prefecture, prefectural by law, prefectural regulation, treasurer of an urban or rural prefecture, personnel of an urban or rural prefecture, officer of an urban or rural prefecture, member of a committee for the administration of election of councillors of an urban or rural prefecture or prefectural loan shall include respectively, a district, councillor of a district, committee for the administration of election of councillor of a district, governor of a district, district by law, district regulation, treasurer of a district, personnel of a district, officer of a district, member of a committee for the administration of election of councillor of district or district loan.
Article 1-3 shall be deleted.
In Article 2. the words "Law concerning the Organization of Urban or Rural Prefectures" shall read "Law concerning the Organization of Districts and Urban or Rural Prefectures" the words "to provide or to make a voting district by uniting several towns or villages" shall be deleted; and the words "governor of prefecture" shall read "committee for the administration of election of councillors of an urban or rural prefecture (to be called Committee for the administration of election, hereinafter)
Article 3. When several voting districts have been made by dividing an area of city, town or village (ward in case of the city prescribed in the proviso of the paragraph 4 of the Article 4), according to the provisions of Article 15, paragraph 4 of the Law concerning the Organization of Districts and Urban or Rural Prefectures, the following rules shall be apply.
1. If the committee for the administration of election of councillors of a city, town or village (in a town or village prescribed in Article 38 of the Law concerning the Organization of Towns or Villages, they shall be the committee for the administration of election of the headman of a town or village, and so forth hereinafter) deems it necessary, it shall prepare an extract of a register of electors for each voting district.
2. When the date of election has been announced, the committee for the administration of election of councillors of a city, town or village shall, without delay, send the register of electors or its extract to the authority for the administration of election.
3. When the extract of a register of electors has been prepared, the words register of electors in the Article 18, paragraph 3, and Article 21 of the Law concerning organization of Districts and Urban or Rural Prefectures, and Article 16-5, Paragraph 1 of this Ordinance shall include this extract.
5. The committee for the administration of election of councillors of cities, towns or villages shall keep the extract of a register of electors during the term of the councillors.
Article 4. Deleted.
In Article 5, Paragraphs 1 and 3, the words "Law concerning the Organization of Urban or Rura Prefectures" shall read "Law concerning the Organization of Districts and Urban or Rural Prefectures; and in Paragraph 4 of the same Article. the words "Article 25, paragraphs 2 and 3 of the Law concerning the Organization of Urban or Rural Prefectures" shall read "Article 22 6, Paragraphs 1 and 2 of the Law concerning the Organization of District and Urban or Rural Prefectures".
Article 5-2. Deleted.
Article 6. The words "Article 23-2 of the Law concerning the Organization of Urban or Rural Prefectures" shall read "Article 22-2, Paragraph 2 of the Law concerning the Organization of Districts and Urban of Rural Prefectures"; and the words "governor of a prefecture" shall read "committee for the administration of election".
Article 7. In case a district for the counting of votes has been provided, according to the provisions of Article 22-2, Paragraph 2 of the Law concerning the Organization of Districts and Urban or Rural Prefectures by uniting areas of several towns or villages, the following rules shall be observed.
1. The Superintendent of the counting of the votes shall be selected by the committees for the administration of election of the towns and villages concerned (in a town or village prescribed by Article 38 of the Law concerning the Organization or Towns and Villages, they shall be the committee for the administration of election of the head of a town or village, and so forth hereinafter) after consulting among themselves, among the qualified electors for the councillor of the prefectural assembly. If they do not reach any agreement about selecting him, the committee for the administration of election shall select him.
2. The record of the counting of votes, the record of the poll and the ballots shall be kept by the electoral administration committee of a town or village, selected by the electoral administration committees of towns and village concerned, and it shall keep them during the terms of office of the councillors. If they can not select it by a concurrent opinion, the member of a electoral administration committee, nominated by the electoral administrative committee, shall keep them during the term of office of the councillors.
Article 8, 9, 10. Deleted.
Article 11. When the areas for the inspection of votes, prescribed in the Article 22-6, paragraph 2, are decided, the electoral administration committee shall announce it without delay.
Article 12. The committee for the administration of election of the councillors of towns or villages, shall select previously a deputy, who shall take the place of the superintendent of the poll in case of his absence, among the qualified electors for the councillors of towns or villages (qualified electors for the head of towns or villages in case of the Article 38 of the Law concerning the Organization of Towns and Villages).
When the superintendent of the poll or his deputy is absent, the chairman of the committee for the administration of election of the councillors of towns or villages, shall select, among the members or clerks of the committee for the administration of election, to take charge of the functions of the superintendent of the poll.
Article 13. The regulations of the preceding Article shall apply to the superintendent for the counting of votes.
In case of the districts for the counting of votes prescribed in Article 7, the committee for the administration of election of the councillors of the concerned towns or villages, shall select a deputy of the Superintendent of the counting the votes, in case of the absence of the latter, with their concurrence. If they can not agree on the selection, the committee for the administration of election shall select him.
In the case of the districts for the counting of votes which are prescribed in Article 7, the chairman of he committee for the administration of election shall, select, if the superintendent of the polls or his deputy is absent, a person to take charge fo the functions of the superintendent of the polls, from among the clerks or the members of the committee for the administration of election of the towns or villages concerned.
Article 14. The provisions of Article 12 shall apply in the case of the chairman of election.
Article 14-2. Deleted. with the necessary modifications to the committee for the administration of election of the councillors of city or village, or the committee for the administration of election of mayor or headman of city, town or village, a superintendent of the polls, a superintendent of the counting of the votes, a chairman of election board, the deputy of above persons or the persons who take charge of the functions of them, according to the provisions of Article 14, paragraph 1, Article 15, paragraph 3, or article 23, paragraph 3 of the law concerning the organization of districts and urban or Rural Prefectures, or article 3, article 12 or the preceding article or clerk of the committee for the administration of election.
Article 15. When the committee for the administration of election of the councillors of city, town or village, or the committee for the administration of election selected a superintendent of the polls a superintendent of the counting of the votes a chairman of election or the deputy of above persons or the person to take charge of the functions of them, according to the provisions of Article 14, paragraph 1, Article 22-2, paragraph 3, or Article 23, paragraph 1 of the Law concerning the Organization of Districts and Urban or Rural Prefectures, or Article 71 or Article 12 or the preceding article of this ordinance, said committee shall announce without delay the names and addresses of them.
Article 16. Deleted.
In Article 16-2, the words "Law concerning the Organization of Districts and Urban or Rural Prefectures", shall read "Law concerning the Organization of Districts and Urban or Rural Prefectures", and No. 5 and No. 6 shall be deleted. In No. 7 of the same Article the words "the area of a city or the sphares of jurisdiction of the head of a local affairs office, or the head of a branch of the district office" shall read "city or county (when a polling district is included in the area of the jurisdiction of the head of a branch of the district office, that shall be the said area)", and the number of this clause shall read as No. 5. The following paragraph shall be inserted in this article.
The words "county" (Gun) mentioned in No. 5 of the proceeding paragraph means the area of the jurisdiction of the head of county (Gun) of former time, in the Law concerning the Organization of Urban or Rural Prefecture.
In Article 16-3, Paragraph 1 the words "Paragraph 1" shall be inserted after "preceeding Article", and in item No. 1 of the same paragraph the words "to No. 7 inclusive" shall be deleted.
In Article 16-4, Paragraph 1 the provisory clause shall be deleted; and in the sawe paragraph, the words "Paragraph 1" shall be inserted after "Article 16-2" in items No. 1, No. 2 and No. 4, and in item No. 3 the words "Paragraph 1" shall be inserted after "Art. 16-2" and the words "head of conductors office (Shashosho-shinin), head of locomotive-depot (Kikanku-shunin)" and head of tram-depot (Densha-shako-shunin)" shall read "head of a district of conductors (Shasho-kucho), head of a district of locomotive (Kikan-kucho) and head of a district of motor car (Densha-kucho)"; and No. 5 and No. 6 of the same paragraph shall be deleted; and in No. 7 of the same paragraph the word "No. 7" shall read as "Paragraph 1 No. 5" and that number shall be amended as No. 5.
In Article 16-5, Paragraph 1, the words "Paragraph 1" shall be inserted after "Article 16-2".
In Article 16-6, Paragraph 2, the words "officers of a city, town or village concerned" shall read "clerk of the committee for tre administration of election of councillors of a city, town or village".
In Article 16-8, Paragraph 2, shall be deleted.
In Article 16-9, Paragraph 2, the words "Law concerning the Organization of Urban or Rural Prefectures" shall read, "Law concerning the Organization of Districts and Urban or Rural Prefectures". In Paragraph 4 of the same article "Article 25, Paragraphs 2 and 3 of the Law concerning the Organization of Urban or Rural Prefectures" shall read, "Article 22-6, Paragraphs 1 and 2 of the Law concerning the Organization of Districts and Urban or Rural Prefectures".
Articles 17 and 18. Deleted.
In Article 19, Paragraph 1, No. 3, the words "Law concerning the Organization of Urban or Rural Prefectures", shall read "Law concerning the Organization of Districts and Urban or Rural Prefectures".
In Article 20, the words "Article 57-2" shall read "Article 57", and the following provisory clause shall be added in this Article.
Provided, in Chapter XII (except the provision of Article 82) the words "the head of prefectural government" shall read "the committee for the administration of elections".
Chapter II-2. Election of the Governor of a Prefecture.
Article 20-2. The expenses of election campaign of each candidate for the office of governor of a prefecture shall not exceed the following amounts. Provided, however, in case of the election which is the by the provision of the Article 74-13, Paragraph 1 of the Law concerning the Organization of Districts and Urban or Rural Prefecture, the maximum amount shall not exceed one third of the following amount and when a new election take place on account of a part of the former election became void, or for a new election to be held in the part of areas according to the provisions of Article 22 Paragraph 2, the maximum shall not exceed the amount, which is given by multiplying the following amount with the quotient given by dividing the number of electors in the register of electors of the areas concerned, by the number of registered electors at the date of fixing the register of electors. (amount allowed)
 (Population in a prefecture) yen 1,000,000 and less ... 25,000
 1,000,000-1,500,000 ... 30,000
 1,500,000-2,000,000 ... 35,000
 2,000,000-3,000,000 ... 40,000
  
 3,000,000 and over ... 50,000
If, in the case of the provisory clause of the preceding article, there are fractions less than one yen, that fractions shall be omitted.
Article 20-3. The provisions of Chapter VIII (excluding the provisions of Article 57), Chapter IX, Chapter X (excluding the provisions of Article 69 to 72 inclusive), Chapter XII and Chapter XII-2 (excluding the provisions of the latter part of paragraph 2 of Article 87-5) of the Ordinance applying the Law of Election of the Members of the House of Representatives shall apply with the necessary modifications to the election of the prefectural governor; provided, that in Chapter X the words "national treasury" shall read "and urban or rural prefecture"; in Chapter XII (excluding the provisions of Article 82) and Chapter XII-2 the words "prefectural governor" shall read "committee for the administration of Election"; in Article 87-3, Paragraph 3, the words "Minister for Home Affairs", shall read "committee for the administration of election: and the provisions of Chapter XII-2 shall not apply to the election prescribed in Article 74-13, Paragraph 1 of the Law concerning the Organization and Urban or Rural Prefectures.
Article 20-4. The provisions of Article 3, 5, 11 to 15 inolusive, 16-2 to 16-10 inclusive, shall apply to the election of governor of prefecture.
Chapter II-3. Petitions for the Enactment of By-laws and Regulation of the Urban or Rural Prefectures, and for the Inspection of the Administration of Prefectural governments.
Article 20-5. Any person desirous of the enactment of a bylaw or a regulation of an urban or rural prefecture in accordance with the provisions of Article 79, Paragraph 1 of the Law concerning the Organization of Districts and Urban or Rural Prefectures (to be called hereinafter the representative of the application for the enactment of a bylaw or a regulation of prefecture), shall apply to the governor of prefecture with the application for the enactment of a bylaw or a regulation of prefecture contaning the outlines of the demand and other necessary matters for the issue of a certificate fo the representative of the applicants for the enactment of a bylaw or a regulation of prefecture.
When such an application of the preceding paragraph has been filed the governor of prefecture shall ask the confirmation of the validity of the representative of the appliaction for the enactment of a bylaw or a regulation of prefecture, as a quelified elector to the committee for the administration of election of the councillors of city, town or village. In case the confirmation has been given by the said committee, the governor shall issue the critificate to the representative, of the application for the enacmen of a bylaw or a regulation of prefecture, and announce it with the outline of the application, as well as the name and address of the representative, and shall report it to the Miniser for Home Affairs withot delay.
Article 20-6. The representative of the application for the enactment of a bylaw or a regulation of prefecture shall ask the qualified electors of councillors of the prefectural assembly, for signs and seals on the qualified voteas' signature book.
The said signatures and seals shall not be collected unless within two months, since the date of announcement, prescribed in the Paragraph 2 of the preceding article.
Article 20-7. The signature book of the applicants for the enactment of a bylaw or regulation of prefecture shall be prepared for each city, town or village separately.
If it is necessary for the sake of cellecting signs and seals of the qualified electors of the councillors of the prefectural assembly, they may prepare two or more signature books of applicants for the enactment of a bylaw or regulation of prefecture, or petitions of the enactment of a bylaw or regulation of prefecture.
Article 20-8. When the number of persons, who have signed with seals, in the signature book of the applicants for the enactment of a bylaw or regulation of prefecture has reached one fiftieth of all the announced qualified electors of the councillors of the prefectural assembly, which is prescribed in Article 79, paragraph 5 of the Law concerning the Organization of Districts and Urban or Rural Prefecture, the representative of the petition of the enactment of a by law or regulation of prefecture shall present the signature book of the applicants for the enactment of a by law or regulation of prefecture to the committee for the administration of election of the counillors of city, town or village, and ask for the confirmation that each person signed in that book is qualified elector, whose name is contained in the register of electors.
When the committee has been asked for the certification above mentioned the committee shall check the names with the register of electors; and when the committee has confirmed that the names who signed with seal in the signature book of the applicants for the enactment of a bylaw or regulation of prefecture to be the names registered in the register of electors, the committee shall prove it by fixing a seal both on the checking book and the signature book of the applicants for the enactment of a bylaw or regulation of prefecture.
When the proofing with a seal on both books at the same time is over, the committee shall count the number of the verified signatures with seals in the signature book of the applicants for the enactment of a bylaw or regulation of prefecture, and the number of the qualified electors in the register of electors (when an elector has signed more than once, he shall be counter as one), and shall affix the result at on the end of the qualified electors signature book, and shall return to the representative of the petitioners.
Article 20-9. When the petition has been filed in accordance with the provisions of the preceding Article, Paragraph 1, and if the committee for the administration of election of the councillors of city, town or village has no comparison book (shogobo), prepared in accord with the provisions of the Ordinance applying the Law concerning the Organization of the Government of City, Town or village, it shall prepare it without delay.
Article 20-10. The request, prescribed in Article 79, Paragraph 1 of the Law concerning the Organization of District and Urban or Rural Preprefecture, attaching with the certification of having the enactment of a by law or a regulation of the prefecture, attaching with the cirtification of having the signatures of more than one-fiftieth of the total qualified electors of the councillors of the prefectural assembly, which is required by the provision of Paragraph 5 of the same Article, and the signature book of the applicants for the enactment of a bylaw or regulation of prefecture.
Article 20-11. If, in the petition prescribed in the preceding Article, the number of the signature and seals in the signature book of the applicants for the enactment of a bylaw or regulation of prefecture failed to reach the required number, the governor of prefecture shall reject it.
When the petition has been rejected in accordance with the provision of the preceding paragraph, the petitioner may revise and file again with necessary signatures and seals added in the period prescribed in Article 20-6, Paragraph 2.
When the form of the above petition is deficient, the authority shall order to correct it, prescribing the period of its correction.
Article 20-12. When the governor of prefecture has accepted the petition of Article 20-10, he shall inform the representative of the petition for the enactment of a by law or a regulation of prefecture these of without delay, and at the same time announce it and report to the Minister for Home Affair. When the deliberation concerning the petition, prescribed in Article 79, Paragraphs 1 and 2 is over, the result shall be dealt with the same manner.
Article 20-13. The provisions of the preceding eight articles, shall apply to the petition for the inspection of administrative affairs which is prescribed in Article 88-2, Paragraph 3 of the Law concerning the Organization of Districts and Urban or Rural Prefecture mutatis mutandis; provided, however, in Article 20-8 Paragraph 1 or in Article 20-10, the words Article 79, Paragraph 5 or Paragraph 5 of the same article of the Law concerning the Organization of Districts and Urban or Rural Prefecture shall read, Article 88-2, Paragraph 7 of the Law concerning the Organization of District and Urban or Rural Prefecture, and the words the deliberation of the prefectural assembly in the preceding article shall be considered as the inspection of administrative affairs of prefecture; and when the comparison book prescribed in this Ordinance existed, the provisions of Article 20-9 shall not apply.
"Chapter III Accounting Officers and Other Officers of an Urban or Rural Prefecture" shall be amended as "Chapter III Personnels of an Urban or Rural Prefecture".
In Article 22, the word "officers" shall read "personnels".
Article 23, Paragraph 2, shall be amended as follows:
When the protest has been filed in accordance with the provision of the preceding paragraph, the governor fo prefecture shall decide it within three months, after consulting with the prefectural council.
The prefectural council shall report it to the governor within twenty days from the date of its submission.
In the same Article, Paragraph 3, the words "preceding paragraph" shall read "Paragraph 2", and "the Law concerning the Organization of Urban or Rural Prefectures" shall read "the Law concerning the Organization or Districts sand Urban or Rural Prefectures".
In Article 24 and Article 26, Paragraph 1 the words "Law concerning the Organizations of Urban or Rural Prefectures" shall read "the Law concerning the Organization of District and Urban or Rural Prefectures".
The following shall be inserted after Article 26.
Chapter IV-2 Petitions for the Dissolution of a Prefectural Assembly and the Recall of a Governor of Prefecture and other officers.
Article 26-2. The provisions of Article 20-5 to Article 20-11, inclusive and forepart of Article 20-12, shall apply to the petition for the dissolution of prefectural assembly in accordance with the provision of Article 131, Paragraph 1 of the Law concerning the Organization of Districts and Urban or Rural Prefectures mutatis mutandis; provided, however, the words "governor of prefecture" in Article 20-5 shall read "the committee for the administration of election" and the words "Article 79, Paragraph 5 or Paragraph 5 of the Law concerning the Organization of Districts and Urban or Rural Prefectures" in Article 20-8, Paragraph 1, and Article 20-8, Paragraph 1, and Article 20-10 shall read "Article 131, Paragraph 3 of the same law; and the words "one-fiftieth" shall read "one-third"; and the words "governor of prefecture" in Article 20-11, Paragraph 1 and Article 20-12 shall read "committee for the administration of election" and the provisions of Article 20-9, shall not apply, if the comparison book which is prescribed in this Ordinance exists.
Article 26-3. When two or more petitions for the dissolution of the same prefectural assembly has been field, a combined votes for dissolution may be held.
Article 26-4. When all of the cocncillors of prefecture become out of existence, the votes for dissolution shall not be held.
Article 26-5. The polling districts and districts for the counting of the votes for the dissolution of prefectural assembly, shall be the same with the districts for the election of councillors of prefecture.
Article 26-6. When the petition for the dissolction of prefectural assembly, in accordance with the provisions of Article 20-10. applied under the provisions of Article 26-2 of this Ordinance, has been filed, the cowmittee for the administration of election shall request the prefectural assembly for the letter of explanation, containing outlines of explanation and other necessary matters, and have them pitrin twenty days.
The outlines of the petition for the dissolution and the explanation of the prefectural assembly against it. which is prescribed in the preceding paragraph, shall be notified at the time of its notification of Article 13, paragraph 1 of the Law concerning the Organization of districts and Urban or Rural Prefectures, applied under Article 26-9 mutatis mutandis, and at the same time, in its original form shall be notified at the entrance of voting places or other beneficient places for the public; provided, however, if the explanatory letter is not presented, the notification of the outlines of expranation is not necessary.
Article 26-7. When the result of the voting for dissolution is known, the committee for the administration of election shall, without delay inform the prefectural assembly, as well as the representative of the petition there of, and announce it to the public, report it to the governor of prefecture and Minister for Home Affairs.
If the petition for dissolution has been approved by the majority in the election, the prefectural assembly shall be dissolved at the dates its announcement.
Article 26-8. Any government official or local officer (including members of the administrative committee for the election of councillors of an urban or rural prefecture, members of the administrative committee for the election of councillors of a city, town or village, or clerk of the administrative committee or the administrative committee for the election of councillors of a city, town or village) who has neglected the performance of his duty wilfully, or amused his power to obstruct the freedom of voting; or any government official, local officer, inspector or superintendent who has some connection with the administration of voting, revealed the ayes and noes of the voting of any electors (including false content), or conducted any act which is prohibited in Article 118 or Article 127, Paragraphs 1 to 3 inclusive, of the Law of Election of the Members of the House of Represetatives shall be punishdd with imprisonment of less than one year or fine of less than two hundred yen.
Any government official or local officer who demand electors to reveal ayes and noes of their votes or going to vote, at the election for the dissolution of prefectural assembly, shall be punished with imprisonment of less than six months. or fine of less than one hundred yen.
Any inspector who has neglected the performance of his dutp at the election for the dissolution of prefectural assembly without the cause, shall be punished with fine less than one hundred yen.
Article 26-9. The provisions of Article 9, Article 12, Paragraph 2, Article 13, Article 14, Article 15, Paragraphs 2 and 3, Article 16, Paragraphs 1 and 3, Article 17, Article 18, Paragraphs 1 to 10 inclusive Article 18-2 to Article 22 inclcsive, Article 22-3 to Article 22-8 inclusive, Article 22-9, Paragraph 1, No. 1, No. 5, No. 6, and No. 7, Article 22-10 to Article 27 inclusive, Article 30, Article 34, Paragraph 1 to Paragraph 4 inclusive and Paragraph 6, Article 35, Article 36, Paragraph 1 and forepart of Paragraph 2 and Article 38 of the Law concerning the Organization of Districts and Urban or Rural Prefectures and Article 3, Article 5, Article 7, Articles 11 to 15 inclusive and Article 16-2 to Article 16-10 inclusive of this Ordinance shall apply to the voting of dissolution of prefectural assembly mutatis mutandis; provided, however, in the Law concerning the Organization of Districts and Urban or Rural Prefectures, "candidates for the councillors" and "one of the representatives of petitioners for dissolution of it", in Article 16, shall read "prefectural assembly" and "two of the representatives of petitioners for dissolution of it"; the words "the name of one of candidate for councillor the name of candidate for councillor" in Article 18, Paragraphs and 8, shall read "yes or no"; "the name of candidate the councillor" or "name of candidates for councillor to whom it was voted" in Article 22-9, Paragraph 1, Nos. 5, 6 and 7 shall read "Yes or No."; in Article 34, Paragraphs 1 to 4 inclusive and Paragraph 6, the words "candidates for councillor" shall read "the prefectural assembly" and "the representative of petitioners of the votes for dissolution, "Article 31, Paragraphs 1, or Paragraph 2 of the preceding Article, Article 31, Paragraph 2" shall read "Article 26-7, Paragraph 1 of this Ordinance", the words "return" and "successful candidate" in the forepart of Paragraph 2 of Article 36 shall read "result of the voting for the dissolution".
Article 26-10. The provisions of Article 20-5 to Article 20-11 inclusive, and forepart of Article 20-12 shall apply to the petition of removal of a Governor of prefecture, prescribed in Article 133-2, Paragraph 1 of the Law concerning the Organization of Districts and Urban or Rural Prefectures. Provided, however, the words "governor of Prefecture" in Article 22-5, shall read "committee for the administration of election"; and the words "Article 79, Paragraph 5" or "Paragraph 5 of the same Article" of the Law concerning the Organization of Districts and Urban or Rural Prefectures" in Article 22-8, Paragraph 1 and Article 20-10, shall read "Article 133-2, Paragraph 6"; and the words "one fiftieth" shall read "one third", and the words "governor of prefecture" in Article 20-11, Paragraph 1 and Article 20-12 shall read "committee for the administration of election"; and, if the comparison book in the provisions of this Ordinance exists, the provisions of Article 20-9 shall not apply.
Article 26-11. When the governor of a prefecture loses his position or died, the removal election against him shall not be held.
Article 26-12. The provisions of Article 9. Article 12, Paragraph 2, Article 13, Article 14, Article 15. Paragraphs 2 and 3, Article 16, Paragraphs 1, 2 and 3, Article 17, Article 18, Paragraphs 1 to 10 inclusive, Article 18-2 to Article 22 inclusive Article 22-3 to Article 22-8 inclusive, Article 22-9, Paragraph 1, No. 1, No. 2 and No. 5 to No. 7 inclusive, Article 22-10 to Article 27 inclusive, Article 30, Article 34, Paragraphs 1 to 4 inclusive and Paragraph 6, the body of Article 35, Article 36, Paragraph 1 and forepart of Paragraph 2, Article 38 of the Law concerning the Organization of Districts and Urban or Rural Prefectures and the Article 3, Article 5, Article 7, Article 11 to Article 15 inclusive, Article 16-2 to Article 16-10 inclusive, Article 26-3, Article 26-5 to Article 26-8 inclusive, of this Ordinance, shall apply mutatis mutandis to the recall election of governor of prefecture, provided, however, in the Law concerning the Organization of Districts and Urban or Rural Prefecture, the words "candidates for councillors" in the body of Article 16 Paragraph 1 shall be read "governor of prefecture" and "representative of petition for the removal of the governors of a prefecture", and "one" of the representative of petitioners for the removal in the same paragraph, shall read "two each"; and the words "name of one candidate of councillor or the name of canidate of councillor" in Article 18, Paragraphs 5 an 8, shall read "the name of the governor of the prefecture"; and the words "candidate of councillor" in Article 22-9 Paragraph 1, Items No. 1, No. 2, No. 4 and No. 6, shall read "governor of a prefecture", "whose name of candidates of councillor" in No. 7 of the same paragraph shall read "ayes and noes" or "whose name". and the words "canidate of councillor in Article 34, Paragraphs 1 to 4 inclusive and Paragraph 6, shall read "the governor of prefecture and the representative of petitioners for the removal"; and the words "return" in the for removal"; and the words "Article 31, Paragraph 1 or Paragraph 2 of preceding Article" or "Article 31, Paragraph 2", shall read "Article 26-7, Paragraph 1 of this Ordinance"; and the words "return" or "successfcl candidate" in Article 36, forepart of Paragraph 2 shall read "the result of voting for the removal"; and in Article 26-6, Paragraph 1 of this Ordinance, the words "Article 26-2" shall read "Article 26-10" and in Paragraph 2 of the same Article the words "Article 26-9" shall read "Article 26-12"; and in Article 2607, Paragraph 2 the words" shall be dissolved" shall read "shall be dismissed".
Article 26-13. The previsions of Article 20-5 to Article 20-11 inclusive, and forepart of Article 20-12, shall be apply to the petition of recall of a cocncillor of a prefectural assewbly, prescribed in the provision of Article 133-2, paragraph 2 of the Law councerning the Organization of Districts and Urban or Rural Prefectures, provided, however, the words "governor of prefecture" in Article 20-5, shall read "committee for the administration of election'; and "Article 79, Paragraph 5", and "Paragraph 5" of the same Article of the Law concerning the Organization of District and Urban or Rural Profectures in Article 20-8, Paragraph 1 and Article 20-10 shall read "Article 133-2, Paragraph 6" of the same law; the words "one fiftieth" shall read "one third"; the words "governor of prefecture" in Article 20-11 Paragraph 1 and Article 22-12 shall read "committee for the administration of election"; and the provisions of Article 20-19 shall not applied when the comparison book prescribed in this Ordinance exists.
Article 26-14. When two or more petitions for the recall of the same couscillors of a prefectural assembly have been filed, or the petitions for the removal of two or more councillors elected in the same electoral district has been filed, a combined voting for the removal may be held.
Article 26-15. The provisions of Article 9, Article 12, Paragraph 2, Article 13, Article 14, Article 15, Paragraphs 2 and 3, Article 16, body of Paragraph 1, Paragraphs 2 and 3, Article 17, Article 18, Paragraph 1 to Paragraph 10 inclusive, Article 18-2 to Article 22 inclusive, Article 22-3 to Article 22-8 inclusive, Article 22-9, Paragraph 1 No. 1 No. 2 and No. 5 to No. 7 inclusive, Article 22-10 to Article 27 inclusive, Article 30, Article 34, Paragraph 1 to Paragraph 4 inclusive, and Paragraph 6, body of Article 35, Article 36, Paragraph 1 and forepart of Paragraph 2, Article 38, of the Law concerning the Organization of District and Urban or Rural Prefectures and Articles 3, Article 5, Article 7, Article 11 to Article 15 inclusive, Article 16-2 to Article 16-10 inclusive, Article 26-5 to Article 26-8 inclusive and Article 26-11 of this Ordinance shall apply to the recall of couscillors of a prefectural assembly. Provided, however, in the Law concerning the Organization of Districts and Urban or Rural Prefectures, the words "candidate of cocncillor" in the body of Article 16, Paragraph 1 shall read "councillor against whom the petition of recall" has been filed and the words "one" of the representative of petitioners of recall" in the same Article shall read "each two", the pards "name of one candidate of councillor or name of candidates of councillor" in Article 18, Paragraphs 5 and 8, shall read "name of councillor of a prefecture"; and the words candidate of councillor" in Article 22-9, Paragraph 1, Items No. 2, No. 5 and No. 6, shall read "councillor of a prefecture"; and the words "whose name of candidate for councillor", in the same paragraph, Item No. 7 shall read "ayes and noes" or "whose name"; in the application of items No. 5 and No. 6 of the same paragraph, the words "voting" in the safe paragraph shall be deemed as "voting" or "to write the name of candidate"; in Article 34, Paragraphs 1 to 4 inclcsive, and Paragraph 6 the words" candidate of councillor" shall read "councillor of a prefecture and the representative of the petitioners for the recall of the councillor, and the wards "return" shall be read "result of the recall election and the wards" Article 31, Paragraph 1 or "Paragraph 2 of the same Article" or "article 31, Paragraph 2" shall read "Article 26-7 Paragraph 1 of this Ordinance" and in Article 36, fome part of Paragraph 2 the wards "teturn" or successfull candidate" shall read "result of recall election"; in Article 26-6, Paragraph 1 of this Ordinance, the wards "Article 26-2" shall read "Article 26-13"; in Paragraph 2 of the same Article the words "Article 26-9" shall read "Article 26-15"; and in Article 26-7, paragraph 2 the words "shall be dissolved" shall read "shall be removed".
Article 26-16. The provisions of Article 20-5 to Article 20-12 inclusive. shall apply to the petition of recall of the member of the committee for the administration of election of councillors of a prefectural assembly and auditing commissioner, prescribed in Article 133-2, paragraph 3 of the Law concerning the Organization of Districts and Urban or Rural Prefectures; provided; however, in Article 20-8, Paragraph 1 or Article 20-10 the words "Article 79, Paragraph 5 or the same Article, Paragraph 5 ofthe Law concerning the Organization of Districts and Urban or Rural Prefectures" shall read "Article 133-2, Paragraph 6" of the sawe law; and the words "one fiftieth" in the same paragraph shall read "one third"; and the words "Article 59, Paragraphs 1 or 2" in the Article 20-12 shall read "Article 133-2, Paragraph 3" and the provisions of Article 20-9 shall not apply, if the comparison book, which is prescribed in this Ordinance, exists.
Article 26-17. Any member of the committee for administration of election of councillor of prefectural assembly or auditing commissioner, against whom the petition of recall has been filed, shall be removed by the consent of more than three fourths of the councillors in the meeting of the presence of more than two thirds of all the councillors, at the date of its announcement of the Article 20-12, which is applied under the preceding Article.
Article 29. The provisions of Article 43 and 144 of the Law concerning the Organization of Districts and Urban or Rural Prefectures shall be apply mutatis mutandis to the application of this Ordinance
Article 30. The Law concerning the Organization of District and Urban or Rural Prefectures shall not be apply for the present in Shumushu-gun, Shinchi-gun, Uruppu-gun in the area of Nemuro Branch of the Prefectural Office of Hokkaido.
In the area of Kunajiri-gun, Shana-gun, Etorou-gun, Shibetori-gun, Irotan-gun, and Suisho Island of Hamai-mura, Yuryu-jima Shihatsu-jima Taraku-jima and Akiyuryu-jima in Haanasaki-gun in Nemuro Branch of the Prefectural Office of Hokkaido, and Take-jima of Goka-jima in Oki Branch of the Prefectural Office of Shimane and Ohima-gun (except Kuro-jima, of Guto-mura, Take-jima and Iwa-jima) in Kagoshima Prefecture, the election of councillors of district assembly or prefectural assembly shall not be held for the time being.
Supplementary Provisions:
Such provisions of this Ordinance relating to the election of councillors of prefectural assembly shall come into effect as from the next general election. The rest thereof shall come into effect as from October 5, 21st year of Showa (1946).
In case the election of governor of a prefecture is held (including the governor of the District of Hokkaido, hereinafter and so forth) in accordance with this Ordinance, the provisions in this Ordinance concerning the election of a governor of prefecture, shall be deemed already in force, even though the provisions concerning the election of councillors has not yet been in force.
In case the election of councillors or governor of a prefecture is held in accordance with this Ordinance the provisions concerning the election of councillors or governor of a prefecture shall be deemed already in force, even though the provisions concerning the citizenship and election of councillor in the Ordinance of 21st year of Showa, amending a part of the Ordinance relative to the application of the Law concerning the Organization of a City, Town or Village (including the provisions of Article 32-3 of the Ordinance relative to the Application of the Law concerning the Organization of a Citp, Town or Village, hereinafter and so forth) has not yet been in force in the area of city, town or villagke.
The provisions concerning the citizenship and election of councillors in the Ordinance of 21st year of Showa, amending the Ordinance relative to the Application of the Law concerning the Organization of a city, town or village, shall not be deemed in force until next general election, in so far as the application of the provisions concerning the election of councillors in the Ordinance relative to the Application of the Law concerning the Organization of District and Urban or Rural Prefepture is concerned.
The Ordinance relative to the application of the Law concerning the Organization of District Assembly of Hokkaido and the Law of Local Expenditure of Hokkaido shall be abolished.
The words "local expenditure of Hokkaido" in any other government order shall be read "District (DO)".
In case of the provisions relative to the Law concerning the Organization of the District Assembly of Hokkaido, the Law of Local Expenditure of Hokkaido or the Ordinance relative to the Application Law concerning the Organization of the District Assembly of Hokkaido and the Law of Local Expenditure of Hokkaido contained in any other Ordinance, that provisions shall be understood as the corresponding provisions in the Law concerning the Organization of District and Urban or Rural Prefectures and the Ordinance relative to the Application of the Law concerning the Organization of Districts and Urban or Rural Prefecture, unless otherwise provided.