THE NATIONAL PUBLIC SERVICE LAW
法令番号: 法律第120号
公布年月日: 昭和22年10月21日
法令の形式: 法律

審議経過

I hereby promulgate the National Public Service Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-first day of the tenth month of the twenty-second year of Showa (October 21, 1947)
Prime Minister　KATAYAMA Tetsu
Law No.120
Contents of the National Public Service Law
Chapter I. General Provisions
Chapter II. The National Personnel Commission
Chapter III. Standards for the Service
Section I. General Rules
Section II. Position Classification Plan
Section III. Examination, Appointment and Dismissal
Part 1. General Rules
Part 2. Examination
Part 3. Employment Eligible Lists
Part 4. Employment
Part 5. Temporary Retirement Reinstatement, Retirement and Dismissal
Section IV. Compensation
Part 1. Pay Plan
Part 2. Delivery of Compensation
Section V. Efficiency
Section VI. Status, Disciplinary Punishment and Guarantee
Part 1. Status
Part 2. Disciplinary Punishment
Part 3. Guarantee
Division 1. Application for Administrative Action on Working Conditions
Division 2. Review of Disadvantageous Action taken against the Will of Personnel
Division 3. Compensation for Injury and Disease Incurred in Line of Duty
Section VII. Performance on Duty
Section VIII. Pension to Retired Employes
Chapter IV. Penal Provisions
Supplementary Provisions:
THE NATIONAL PUBLIC SERVICE LAW
Chapter I. General Provisons
(Object of this Law)
Article 1.　The object of this Law is to assure the people democratic and efficient administration of their public affairs by establishing basic standards which shall be applicable to all official positions and places of employment in the national public service (the national public service as defined in this law does not include members of the Diet) and by providing that personnel shall be so selected and directed in a manner consistent with democratic practices as to promote maximum efficiency in the performance of public duties.
(Regular and Special Government Service)
Article 2.　The national public service shall be divided into the regular government service and the special government service.
The regular government service shall be comprised of all positions in the national public service other than those in the special government service.
The special government service shall be comprised of the following types of positions:
1.　The Prime Minister
2.　Ministers of State
3.　Director-General of the Cabinet Secretariat
4.　Deputy Director-General of the Cabinet Secretariat
5.　Director-General of the Bureau of Legislation
6.　Parliamentary Vice-Minister of each Ministry
7.　Vice-Minister of each Ministry
8.　Counselor of each Ministry
9.　President of the Construction Board and President of the Central Liaison Office
10.　Confidential Secretaries to the Prime Minister (not exceeding three in number) and other Confidential Secretaries (one for each Minister of State or head of agency included in the special government service)
11.　Positions the appointment to which requires an election, resolution or consent of one or both Houses of the Diet
12.　Personnel of Government enterprises, "Kodan" and others similar thereto as designated by law or rules of the National Personnel Commission
13.　sultants, Committee-men and other personnel similar thereto as designated by law or rules of the National Personnel Commission
14.　Employes engaged in common labour
15.　Grand Steward, Grand Chamberlain, Chamberlains and other personnel of the Imperial House Office as designated by law or rules of the National Personnel Commission
16.　Ambassadors and Ministers
17.　Judges, one Confidential Secretary to the Chief Justice of the Supreme Court and Judicial Research Officials
18.　Employes of the Diet
The provisions of this Law shall apply specifically to all positions in the regular government service (to be hereinafter referred to as the service and persons holding positions therein as personnel).
The provisions of this Law shall not apply to positions in the special government service unless specifically provided by an amendment to this Law.
Chapter II. The National Personnel Commission
(Installation)
Article 3.　In order to ensure the thorough-going enforcement of this Law and attain its objectives, the National personnel Commission shall be set up under the jurisdiction of the Prime Minister.
The Commission shall take charge of the following matters:
1.　Integration and coordination of position classification, appointments and dismissals of personnel of the service, their compensation, pension and other personnel administration matters;
2.　Matters concerning examination of personnel;
3.　Other matters placed under its jurisdiction on the basis of law.
(Personnel)
Article 4.　The Commission shall have the following personnel:
Chairman
Commissioners　three
Executive Director　one
Other personnel provided by Cabinet Order
(Commissioners of the Commission)
Article 5.　Commissioners of the Commission (to be hereinafter referred to as Commissioners) shall be appointed, with the consent of the Diet, by the Cabinet from among persons 35 years old or more, who are of highest moral character and integrity, in known sympathy with the democratic form of government and efficient administration therein based on merit principles, and possessing a wide. range of knowledge and sound judgment concerning personnel administration.
In case the House of Councillors does not consent to the appointment of the Commissioner despite the consent of the House of Representatives, the consent of the House of Representatives shall be taken as the consent of the Diet in the same manner as provided by Paragraph 2 of Article 67 of the Constitution of Japan.
The appointment and dismissal of a Commissioner shall be attested by the Emperor.
No person falling under one of the following specifications shall be appointed as Commissioner:
1.　A person who has been adjudicated incompetent, quasi-incompetent, or bankrupt and has not yet been rehabilitated;
2.　A person who has been sentenced to a penalty than imprisonment without hard labour by the criminal court or who has been punished upon conviction of an offence prescribed in Chapter IV;
3,　A person who falls under one of the specifications mentioned in Item 3 or Item 5 of Article 38.
No person shall be eligible for appointment as a Commissioner who has been a candidate for national or prefectural elective public office or who is or has been an officer of a political party within one year previous to the proposed date of appointment, as provided by rules of the Commission.
With respect to the appointment of Commissioners, no two persons among them shall be members of the same political party or graduates of the same professional subdivision of the same department of the same university or high school (in universities where there is no professional subdivision, graduates of the same department).
(Oath Taking and Performance of Duties)
Article 6.　After he has been appointed as a Commissioner, the new incumbent shall not exercise the powers pertaining to his office until he has signed a written oath before the Chief Justice of the Supreme Court, as provided by rules of the Commission.
The provisions of Section VII of Chapter III shall apply correspondingly to Commissioners.
(Term of Office)
Article 7.　The term of office of a Commissioner shall be four years. However, a Commissioner who is appointed to fill a vacancy shall remain in office during the unexpired portion of the term of his predecessor.
A Commissioner may be reappointed. However, he shall not remain in office continuously for a period exceeding 12 years.
A person who has been a Commissioner shall not be eligible to appointment to any position in any agency of the National Government other than the Commission for one year after the termination of his service as Commissioner. Exceptions, however, may be authorized by rules of the Commission.
(Retirement and Removal from Office)
Article 8.　A Commissioner shall, automatically retire from office when he falls under one of the following specifications:
1.　When he has come under one of the instances mentioned in Paragraph 4 of Article 5;
2.　When his removal from office is affirmed on public impeachment proceedings based on charges filed by the Prime Minister;
3.　When he has been continuously in office as a Commissioner for 12 years.
The causes for impeachment prescribed in Item 2 of the preceding paragraph shall be as follows:
1.　When he is mentally or physically incompetent to perform official duties;
2.　When he has acted contrary to the duties of his position or is guilty of such malfeasance as to render himself unfitting to be Commissioner.
In cases when two persons or more among Commissioners have come to belong to the same political party, all except one person shall be removed from office, with the consent of the Diet, by the Cabinet. However, in cases specifically provided by rules of the Commission, a Commissioner may be immediately removed by the Cabinet.
The provision of the preceding paragraph shall not jeopardize the position of a Commissioner who has not changed his political status in regard to party affiliations.
The provision of Paragraph 2 of Article 5 shall apply correspondingly to the instances specified in Paragraph 3.
Except the cases mentioned in Paragraph 3, no commissioner shall be removed from office against his will.
(Impeachment of Commissioner)
Article 9.　Proceedings for impeachment of a Commissioner shall be conducted by the Supreme Court.
When the Prime Minister intends to bring impeachment action against a Commissioner, he shall file charges in writing setting forth the alleged offence, both in general and particular, and submit them to the Supreme Court.
In the case of the preceding paragraph, the Prime Minister shall forward a copy of the charges mentioned in the same paragraph to the accused Commissioner.
The Supreme Court shall set a date for hearing not less than thirty days and not more than ninety days after the filing of the charges mentioned in Paragraph 2, and notify the Prime Minister and the accused Commissioner at least thirty days in advance of the date set for hearing.
The Supreme Court shall announce its findings within one hundred days after the original date of hearing.
The proceedings for impeachment of Commissioners shall be provided by rules of the Supreme Court.
Costs of hearings shall be borne by the national treasury.
(Salary)
Article 10.　A Commissioner shall be paid a salary corresponding to that of a Minister of State.
(Chairman of the Commission)
Article 11.　The Chairman of the Commission (to be hereinafter referred to as the Chairman) shall be appointed by the Prime Minister from among Commissioners.
The Chairman shall preside over the affairs of the Commission and represent the Commission.
When the Chairman is unable to attached to his duties or if his post is vacant, a senior Commissioner shall act for the Chairman in the performance of his duties.
(Commissioners'Conference)
Article 12.　In the Commission there shall be set up a Commissioners'Conference which is composed of the Commissioners. The Executive Director of the Commission shall be present at the Commissioners'Conference as Executive Secretary.
When exercising the powers enumerated below, the Commission shall require a resolution of the Commissioners'Conference:
1.　The enactment, amendment, on abrogation of rules of the Commission;
2.　Recommendations to the head of the appropriate agency of government as specified in Article 22;
3.　Submitting opinions of the Commission to the Prime Minister as specified in Article 23;
4.　Report to the Prime Minister as specified in Article 24;
5.　Drafting of a position classification plan as specified in Article 29;
6.　Determination of standards for evaluation and designation of an evaluating body as specified in Article 36 (including cases to be correspondingly applied in Article 37);
7.　Designation of examining bodies as specified in Article 48;
8.　Approval of temporary employment and its renewal, restriction of number of personnel for temporary employment and determination of their qualifications, and cancellation of temporary employment as specified in Article 60;
9.　Drafting of a pay plan as specified in Article 63;
10.　Preparation of revisions of the pay plan as specified in Article 67;
11.　Recommendations to the head of an appropriate agency of government, and drafting plans concerning recognition for efficient performance or measures for correcting failure to perform efficiently as specified in Article 72;
12.　Evaluation of a case as specified in Article 87;
13.　Evaluation of action and submitting a report to the Prime Minister as specified in Article 92;
14.　Drafting of important matters concerning compensation as specified in Article 95;
15.　Evaluation of a protest as specified in Article 103;
16.　Drafting of important matters concerning pension as specified in Article 108;
17.　Other matters which, by a resolution of the Commissioners'Conference, require a resolution of the same conference.
Regular meetings of the Commissioners'Conference shall, as a rule, be held at least once a week at a fixed place, as provided by rules of the Commission.
Proceedings at a meeting of the Commissioners'Conference shall be recorded in its minutes.
The minutes specified in the preceding paragraph shall be prepared by the Executive Secretary.
Necessary determinations concerning the proceedings of the Commissioner'Conference shall be provided by rules of the Commission.
(Secretariat of the Commission and other agencies)
Article 13.　The Commission shall have a Secretariat, which shall take charge of general affairs concerning matters under the jurisdiction of the Commission.
The Commission may establish local offices with the approval of the Diet.
(Executive Director of the Commission)
Article 14.　The Executive Director of the Commission shall, under the direction and supervision of the Chairman, take charge of the affairs of the Secretariat,
and act as the Executive Secretary of the Commissioners'Conference and Chairman of the National personnel Council.
(Prohibition of Personnel of the Commission from holding concurrent Positions)
Article 15.　No Commissioner and Executiue Director shall hold any concurrent position in the service other than that in the Commission.
(Rules of the Commission)
Article 16.　The Commission shall, with the approval of the Prime Minister, make rules concerning matters necessary for the execution of this Law.
Rules of the Commission shall be published by the Prime Minister in the Official Gazette.
(Investigation)
Article 17.　The Commission, or any person or persons designated by the Commission may conduct investigations of an employment situation involving personnel of the service, the condition of personnel management and other matters related to personnel administration.
The Commission, or person or persons designated in accordance with the provision of the preceding paragraph, may, when necessary in conducting the investigations specified therein, subpoena witnesses or demand the presentation of books and records or copies thereof pertinent or alleged to be pertinent to any investigation or hearing.
(Control of Delivery of Compensation)
Article 18.　The Commission shall control delivery of compensation to personnel of the service.
(Personnel Records)
Article 19.　The Commission shall administer matters concerning personnel records relating to personnel of the service.
The Commission shall prescribe that the Prime Minister's Office and any ministries or agencies of government prepare and maintain personnel records inclusive of all particulars relating to personnel of the agencies of government concerned.
The particulars to be entered in personnel records, the form thereof, and other necessary determinations concerning personnel records shall be provided by rules of the Commission.
Where it is deemed that the personnel records prescribed in Paragraph 2 are contrary to the rules of the Commission, the Commission may order revisions and such other steps as may be called for.
(Statistical Reporting)
Article 20.　The Commission shall, as provided by rules of the Commission, prescribe and administer a system of statistical reporting concerning employment in the service.
When it is necessary in connection with the statistical reporting mentioned in the preceding paragraph, the Commission may require any appropriate agency of government to give required information on request or at specified time and in specified form.
(Delegation of Functions)
Article 21.　Of the functions prescribed in this Law, the Commission may delegate unimportant functions to other agencies of government. Even in these cases, the Commission shall not be free from responsibility in regard to the exercise of such functions.
(Recommendations for Improvement of Personnel Administration)
Article 22.　The Commission may make recommendations to any appropriate minister or head of other agency of government converning improvements of personnel administration.
The Commission may make recommendations to any appropriate minister or head of another agency of government concerning the change of placement and transfer of personnel between the various ministries or agencies of the National Government so as to contribute to the improved efficiency of administrative operations throughout the Government.
In the cases of the preceding two paragraphs, the Commission shall submit a due report thereon to the Prime Minister.
(Advice on Enactment, Amendment or Abrogation of Laws and Orders)
Article 23.　If, in order to assure the realization of the objectives of this Law, the Commission has opinions concerning the enactment, or amendment or abrogation of laws and orders, it shall submit them to the Prime Minister.
(Report on Business)
Article 24.　The Commission shall, as provided by the Prime Minister, make an annual report to the Prime Minister of its activities and accomplishments covering each fiscal year of operation.
The Prime Minister shall publish the report mentioned in the preceding paragraph.
(Directors of Personnel)
Article 25.　In the Prime Minister's Office, the various ministries and other agencies of government designated by rules of the Commission, there shall be, as a member of its staff, a Director of Personnel.
The Director shall be head of a bureau cdivision in charge of business pertaining to personnel functions, and assist the head of the agency of government concerned by taking charge of business pertaining to personnel functions.
(National Personnel Council)
Article 26.　In order to ensure close contact and mutual cooperation concerning the enforcement of this Law between the Commission and the Prime Minister's Office, the various ministries and other agencies of government, there shall be set up in the Commission a National Personnel Council.
The National Personnel Council shall be Composed of a Chairman and members.
The Chairman shall be the Executive Director and members shall be the Directors specified in the preceding Article.
The National Personnel Council may submit recommendations to the President on important matters relating to personnel administration.
Except as prescribed in the preceding four paragraphs, necessary determinations concerning the National Personnel Council shall be provided by rules of the Commission.
Chapter III. Standard for the Service
Section I. General Rules
(Principles of Equal Treatment)
Article 27.　In the administration of this Law, all of the people shall be accorded equal treatment and shall not be discriminated against by reason of race, religious faith, sex, social status or family origin.
(Principale of Meeting Changing Conditions)
Article 28.　The standards concerning compensation, hours of work and other working conditions to be established under this Law may from time to time be changed to meet changing conditions under procedures to be determined by the Diet.
Section II. Position Classification Plan
(Establishment of Position Classification Plan)
Article 29.　The position classification plan shall be prescribed by law.
The Commission shall develop a position classification plan whereby all positions in the service are classified by classes determined according to the kinds of duties and by grades according to the degrees of complexity of duties and responsibilities involved.
In the position classification plan, classification of positions shall be so effected that the same qualifications may reasonably be required for and the same schedules of basic pay may be applied equitably to all positions in the same grade and class.
The plan as provided in the preceding three paragraphs shall be submitted to the Diet for approval before the enforcement of this Law.
(Enforcement of the Position Classification Plan)
Article 30.　The position classification plan shall be gradually enforced, commencing first with segments where it is practicable.
Except as prescribed in this Law, determinations necessary for the enforcement of the position classification plan shall be provided by rules of the Commission.
(Allocation of Positions)
Article 31.　In the event of enforcing the position classification plan, the Commission shall, as provided by rules of the Commission, allocate to one of the grades of a class of the position classification plan every position to which such plan is applicable.
The Commission shall, as provided by rules of the Commission, review at any time the allocations prescribed in the preceding paragraph, and revise them, where deemed necessary.
(Prohibition of Classification of Positions by other than the Position Classification Plan)
Article 32.　In regard to positions to which the position classification plan is applicable, no classification of positions on any basis other than the position classification plan shall be made as the basis for the development and application of qualification standards for employment and the payment of compensation.
Section III. Examination, Appointment and Dismissal
(Basic Standard for Appointment and Dismissal)
Article 33.　Appointment and dismissal of a person in the service shall be made entirely on the basis of the result of his examination and the merit of his performance of duties or other demonstrated abilities.
Except as prescribed in this Law, determinations necessary for enforcing the basic standard mentioned in the preceding paragraph shall be provided by rules of the Commission.
Part.1. General Rules:
(Definition of Employment, Initial Appointment, Promotion, Demotion and Transfer)
Article 34.　Employment as referred to in this Law is defined as the appointment of any person to any position in the service by any of the following means:initial appointment, promotion, demotion and transfer.
An initial appointment as referred to in this Law is defined as an appointment of a person to any position in a class by any means other than by promotion, demotion, or transfer.
A promotion as referred to in this Law is defined as the assignment of a person to a position in the same class in a grade higher than he is holding.
A demotion as referred to in this Law is defined as the assignment of a person to a position in the same class in a grade lower than he is holding.
A transfer as referred to in this Law is defined as the assignment of a person to a position in the same grade and class in a different subdivision of the same organization or a different organization in the service.
(Method of filling Vacancies)
Article 35.　When a vacancy occurs in the service, an appointing officer, except as specially provided by law or rules of the Commission, may appoint a person by any one of the following meuns;transfer, initial appointment, promotion or demotion. This shall not, however, apply to cases where the Commission recognizes the special necessity and designates the method of employment.
(Method of Initial Appointment)
Article 36.　Initial appointment of personnel shall be by competitive examination. However, in cases where, with respect to a grade or grades of a class or classes of positions prescribed by rules of the Commission, the approval of the Commission has been obtained, this provision shall not preclude such initial appointment by means of an evaluation of demonstrated abilities other than by competitive examination.
The evaluation specified in the proviso of the preceding paragraph shall be conducted by the Commission or an evaluating body appointed by the Commission in accordance with standards established by the Commission.
Without prejudice to the provisions of the preceding the paragraphs, initial appointments of personnel to a position may be made from among persons who have previously held a position of the same or higher grade in the same class, as provided by rulss of the Commission.
(Method of Promotion)
Article 37.　Promotion of personnel shall be by competitive examination to be hereinafter referred to as examination) among incumbents of positions in the next lower grade of the same class to which the promotional position under consideration belongs. This provision shall not, however, preclude the Commission from restricting the scope of persons to be examined, at the request of an appointing officer, to employees under his jurisdiction.
In cases where, in view of the duties and responsibilites of the position to which appointment is to be made, the Commission deems it impracticable to hold an examination among the incumbents concerned, promotion may be made by means of an evaluation based on the past spervice record of such incumbents.
The provision of Paragraph 2 of the preceding Article shall apply correspondingly to the instances of the evaluation under the preceding paragraph.
(Provisions for Disqualification)
Article 38.　No person falling under one of the following types of cases shall be eligible to appointment in the service, except as provided by rules of the Commission or quasi-incompetent:
1.　A person who has been adjudicated incompetent or quasi-incompetent;
2.　A person who has been sentenced to a penalty heavier than imprisonment without hard labor by the criminal court, and of whom the execution of the sentence has not been completed or who has not yet ceased to be amenable to the execution of the sentence;
3.　A person who was dismissed by disciplinary decision and of whom a period of two years has not expired since the date of dismissal;
4.　A Commissioner or Executive Director who has committed a crime prescribed in Article 109, Item 3 of Article 110 and has been convicted;
5.　A person who, on or after the date of the enforcement of the Constitution of Japan, formed or belonged to a political party or association which advocated the overthrow by force of the Constitution of Japan or the Government exsisting thereunder.
(Prohibition of Illegal Acts concerning Personnel Matters)
Article 39.　No person shall, for the purpose of realizing any one of the items mentioned below, pay or receive or offer or solicit or promise to pay or receive money or other benefit, or use threat, coercion or other similar method, or, directly or indirectly, use or offer or demand or promise to use public office or be in any way concerned with such acts.
1.　Resignation, temporary retirement or failure to accept appointment;
2.　Withdrawal of his application for examination or appointment, or suspension of competition for appointment;
3.　Effecting or recommending employment, promotion, retention in employment or other advantage in the service.
(Prohibition of Acts of Fraud concerning Personnel Matters)
Article 40.　No Person shall make any false or dishonest statement, record, certificate, mark rating, evaluation or report with regard to any examination, evaluation, personnel record or appointment.
(Prohibition against Obstructing the Right to Examination of Appointment and Furnishing of Information)
Article 41.　No person belonging to any examining body or other personnel in the service shall obstruct any person in his right to examination or appointment or furnish any special or secret information for the purpose of favourably affecting or discrimination against the rights or prospects of any person with respect to examination or appointment in the service.
Part 2. Examination
(Instances of holding Examination)
Article 42.　Examination shall be held, as provided by rules of the Commission, according to grade or grades of a class or classes of positions.
(Disqualifications for Examination)
Article 44.　Persons who are ineligible to appointment for reasons other than those specified in Article 44 shall not compete in an examination.
(Prerequisites of Eligibility for Examination)
Article 44.　For persons intending to compete in an examination, objective and uniformly applicable qualifications which constitute a minimum essential to the performance of the duties of a grade or grades of a class or classes of positions involved, shall be determined as prerequisites by rules of the Commission.
(Content of Examination)
Article 45.　Each examination shall have as its object the accurate measurement of the relative abilities of the persons examined to perform the duties of the grade and class of positions concerned, and shall be practical in character.
(Entrance Examination to be Open and Equal)
Article 46.　Entrance Examinations shall be open and on equal terms to any citizen who possesses the minimum qualifications determined as prerequisites by rules of the Commission.
(Announcement of Entrance Examination)
Article 47.　Announcement of entrance examinations shall be given publication by means of official Notification.
The announcement of examination of the preceding paragraph shall set forth the duties and responsibilities of the grade and class of positions for which examination is to be held, the rates of pay, the prerequisites of eligibility, the subjects of examination and the individual weights thereof, the time and place of examination and where, when and how necessary application forms may be secured and filed and other qualifying procedure observed and such other information as the Commission may deem pertinent.
The Official Notification prescribed in Paragraph 1 shall, as provided by rules of the Commission, be given publicity in such a way that all pertinent details relating to the examination in view may unfailingly become known to all persons presumably qualified for such examination.
The Commission shall at all times exercise diligence in the efforts to secure adequate participation of presumably qualified persons in examinations.
(Examining Bodies)
Article 48.　Examinations shall, as provided by rules of the Commission, be conducted only by examining bodies determined by the Commission.
(Time and Place of Examination)
Article 49.　The time and place of examinations shall be so decided that they may be reasonably accessible to any qualified citizen in the country.
Part 3. Employment Eligible Lists
(Preparation of Eligible List)
Article 50.　In regard to employment of personnel by examination, employment eligible lists (entrance eligible lists and promotional eligible lists) shall be prepared by grade and class of positions, as provided by rules of the Commission.
(Persons to be entered in Entrance Eligible List)
Article 51.　The names and examination scores of those who have achieved the qualifying score or better under entrance examination shall be entered in the entrance eligible list in the precise order of their examination scores as eligible to appointment to the appropriate positions in the grade and class covered by the list.
(Persons to be entered in Promotional Eligible List)
Article 52.　The names and examination scores of those who have achieved the qualifying score or better in promotion examinations shall be entered in the promotional eligible list in the precise order of their examination scores as eligible to promotion to the appropriate positions in the grade and class covered by the list.
(Inspection of Eligible List)
Article 53.　Employment Eligible Lists shall be at all times open to inspection of the persons examined, appointing agencies of government and other interested parties upon demand.
(Cancellation of Eligible List)
Article 54.　The Commission may, at its discretion, cancel, either in whole or in part, eligible lists which have been in use for over one year or at any time for one of the causes prescribed by the Commission.
Part 4. Employment
(Appointing Officer)
Article 55.　Appointment to a position in the service, whether as the result of entrance examination, promotion examination, or other qualifying procedure, shall be made only by an appointing officer.
Except as specifically prescribed by Law, the appointing power shall be vested with the Cabinet, the Prime Minister, various ministers, heads of other administrative agencies of government according to the grades of positions provided by Cabinet Order.
The appointing officer who is the head of an administrative agency of government prescribed in the preceding paragraph, may delegate such appointing power only to a high official of such agency, as provided by Cabinet Order.
(Method of Appointment from Entrance Eligible List)
Article 56.　Initial appointment from an entrance eligible list shall be made from amongst the top five names on such list for each vacancy to be filled.
(Method of Promotion from Promotional Eligible List)
Article 57.　Promotion of personnel from a promotional eligible list shall be made from amongst the top five names on such list for each vacancy to be filled.
(Recommendation of Eligibles for Employment)
Article 58.　In cases where the appointing officer desires to fill an authorized vacancy by initial appointment or promotion and makes due application therefor, the Commission shall, as prescribed by rules of the Commission, submit the required number of eligibles prescribed in the preceding two Articles for the employment in view from among those entered in the appropriate employment eligible lists.
(Conditional Period of Initial Appointment)
Article 59.　Any initial appointment to the grade or class prescribed by rules of the Commission shall be considered conditional and shall become regular only after the appointee shall have served in the position concerned a period of not less than six months during which he shall have performed satisfactorily the duties of that position.
Necessary determinations concerning conditional initial appointment shall be provided by rules of the Commission.
(Temporary Employment)
Article 60.　An appointing officer, as provided by rules of the Commission, may effect, with the approval of the Commission, temporary appointments each not to exceed six months in duration, in emergencies, to positions of an essentially temporary and transitory nature or in instances when an eligible list has not been established by the Commission. In such cases, temporary appointment may, with the approval of the Commission, be renewed once for an additional period of six months, as provided by rules of the Commission, but not more than once.
The Commission may, with respect to temporary appointment, limit by grade and class of positions the number of such appointments and specify qualifications of personnel so employed.
The Commission may cancel any temporary appointment which violates provisions of the preceding two paragraphs.
Temporary appointment shall not in any way confer the right to or preference in selection for permanent employment.
Except as prescribed in the preceding four paragraphs, this Law, Cabinet Orders issued thereunder and rules of the Commission shall apply to temporary appointees.
Part 5. Temporary Retirement, Reinstatement, Retirement and Dismissal
(Temporary Retirement, Reinstatement, Retirement and Dismissal)
Article 61.　The temporary retirement, reinstatement, retirement, and dismissal of personnel of the service shall be effected by the appointing officer.
Section IV. Compensation
(Basic Standard for Compensation)
Article 62.　Personnel of the service shall be compensated on the basis of the duties and responsibilities of their positions.
The purport of the provision of the preceding paragraph shall be achieved as quickly as possible and in so far as practicable giving due consideration to existing practices.
Part 1. Pay Plan
(Delivery of Compensation under Pay Plan)
Article 63.　The Compensation to personnel of the service shall be effected under a pay plan prescribed by law, and, unless provided therein, no money or valuable thing of any kind may be given as compensation.
The Commission shall conduct necessary investigations and studies and, as a result thereof, draft and submit to the Prime Minister a pay plan conforming to the position classification plan.
(Compensation Schedule)
Article 64.　A compensation schedule shall be provided in the pay plan.
In the compensation schedule, there shall be clearly specified by a fixed range of variation the amount of pay for each grade, which shall be determined after taking into consideration the cost of living, prevailing wage rates and other pertinent factors.
(Matters to be provided in Pay Plan)
Article 65.　In addition to the compensation schedule of the preceding Article, the following items shall be provided in the pay plan:Matters concerning:
1.　Standards for an increase of pay within a same grade;
2.　Compensation of positions upon the initial application of the position classification plan;
3.　Compensation for overtime, night and holiday work;
4.　Allowances for service in specially designated areas, for hazardous jobs and other extraordinary services;
5.　Adjustments of compensation by the Commission in regard to positions not requiring full-time service, those for which the facilities necessary for living are wholly or partly supplied at official expense, and others with special working conditions.
The standards of Item 1 of the preceding paragraph shall be determined after taking into consideration length of service, efficiency of service and such other service connected factors.
(Determination of Amount of Compensation)
Article 66.　Each person in the service shall be paid at one of the rates set forth in the pay plan for the grade and class of the position in which he is employed.
In determining the basic pay plan, no discrimination of any kind shall be made by nonservice connected factors.
(Revisions of Pay Plan)
Article 67.　The Commission shall at all times conduct necessary investigations and studies concerning the pay plan and shall, as frequently as it deems such action necessary, prepare and submit to the Prime Minister any revisions, eithor upward or downward, of the compensation schedules.
Part 2. Delivery of Compensation
(Payroll)
Article 68.　A person or persons who deliver compensation of any kind to personnel of the service shall first prepare a payroll in regard to a recipient or recipients.
Payrolls shall be kept available for examination by personnel of the Commission at any time.
Except as prescribed in the preceding two paragraphs, necessary determinations concerning payrolls shall be provided by Cabinet Order and rules of the Commission.
(Auditing of Payroll)
Article 69.　Where it is necessary to ensure that delivery of compensation is conducted in compliance with law, order or rules of the Commission, the Commission may audit payrolls or order corrections when it is deemed necessary.
(Action against Illegal Payment)
Article 70.　In case it is discovered that compensation is paid contrary to law, order or rules of the Commission, the Commission, besides taking appropriate steps in regard to the matters under its own jurisdiction, shall, if it is deemed necessary, according to its nature report the case to the Board of Audit or the public procurator for action.
Section V. Efficiency
(Basic Standard for Efficiency)
Article 71.　Personnel of the service shall have their efficiency fully developed and increased.
Except as prescribed in this Law, determinations necessary for enforcing the basic standard of the preceding paragraph shall be provided by rules of the Commission.
The Commission shall conduct necessary investigations and studies concerning programs which will develop and increase the efficiency of personnel of the service and take appropriate steps to assure the installation of such programs.
(Evaluation of Work Performance)
Article 72.　The performance on duty of personnel of the service shall be periodically evaluated by the head of the administrative agency of government where they are employed, who shall take such appropriate action as the result of evaluation may call for.
The Commission shall have the power of making necessary determinations concerning the evaluation mentioned in the preceding Article and records thereof and of recommending to the head of the appropriate administrative agency such action consistent with this Law as may be calculated to develop and improve the efficiency of the personnel of the service.
The Commission shall draw up plans concerning recognition for efficient performance and measures for correcting failure to perform efficiently, and submit them to the Prime Minister.
(Programs for improving Efficiency)
Article 73.　For the purpose of developing and improving the efficiency of persons in the service, the Commission and the head of the appropriate administrative agency involved shall formulate and exercise diligence in administering programs concerning:
1.　Education and training of personnel;
2.　Health of personnel;
3.　Recreation of personnel;
4.　Safety of personnel;
5.　Welfare of personnel.
In regard to the formulation and administration of the programs of the preceding paragraph, the Commission shall be responsible for their overall planning, their integration and coordination with the appropriate agencies involved and surveillance over such agencies.
Section VI. Status, Disciplinary Punishment and Guarantee
(Basic Standard for Status, Disciplinary Punishment and Guarantee)
Article 74.　In regard to their status, disciplinary punishment, and guarantee, personnel of the service shall be treated equitably.
Except as prescribed by this Law, determinations necessary for enforcing the basic standard mentioned in the preceding paragraph shall be provided by rules of the Commission.
Part 1. Status
(Guarantee of Status)
Article 75.　Personnel of the service shall not, against their will, be demoted or be temporarily retired or be dismissed, unless they come under one of the causes provided by law.
Personnel of the service shall suffer reduction of pay grade when they come under one of the causes prescribed by rules of the Commission.
(Forfeiture of Office due to Disqualification)
Article 76.　When a person in the service falls under one of the cases as specified in Article 38, he shall automatically forfeit his office, except as provided by rules of the Commission.
(Removal from Office by Impeachment)
Article 77.　Provisions for impeachment of persons in the service shall be prescribed by law.
(Instances of Demotion and Dismissal against His Will)
Article 78.　In cases where a person in the service falls under one of the following cases, he may be demoted or dismissed against his will, as provided by rules of the Commission:
1.　When his performance on duty fails to show any merit;
2.　When due to mental or physical debility, he has difficulty or is incompetent to perform official duties;
3.　When otherwise he lacks the qualifications for fitness required for positions of a grade or grades or a class or classes.
(Instances of Temporary Retirement against His Will)
Article 79.　In cases where a person in the service falls under one of the following cases, he may be temporarily retired against his will:
1.　When he requires a prolonged period of rest due to mental or physical debility;
2.　When he is prosecuted with respect to a riminal case.
(Effect of Temporary Retirement)
Article 80.　The period of temporary retirement in any case as specified in Item 1 of the preceding Article shall be one year;if the debility ceases to exist during the period of temporary retirement, the reinstatement shall be ordered forthwith, while a person who still remains temporarily retired on the expiration of the prescribed period shall automatically be treated as retired.
The period of temporary retirement in any case as specified in Item 2 of the preceding Article shall be the same as the inherence of the case in question with the law court concerned.
While still retaining his status in the service, a person who is temporarily retired does not attend to his official duties. During his temporary retirement, he shall receive one-third of his pay.
(Exceptions to Application)
Article 81.　In regard to the status of personnel mentioned below, the provisions of Article 75, Article 78 to the preceding Article inclusive and Articles 89 to 92 inclusive shall not apply:
1.　Temporary personnel;
2.　Personnel in conditional period of initial appointment;
3.　Personnel who become supernumeraries or whose positions are abolished due to an amendment or abrogation of the law concerning the official organization or of the fixed number of personnel or as a result of a reduction in budget;
4.　Persons who, in consequence of a revision of the allocation of positions by the classification plan, suffer the same result as a reduction of pay grade or demotion.
In regard to the status of personnel enumerated in various items of the preceding paragraph, necessary determinations may be provided by rules of the Commission.
As to which of the persons enumerated in Item 3 of Paragraph I shall be demoted, or be temporarily retired or dismissed, the decision shall be made on the basis of the merit of their performance on duty and other demonstrated abilities.
Part 2. Disciplinary Punishment
(Instances of Disciplinary Punishment)
Article 82.　When he falls under one of the following cases, a person in the service may, as disciplinary punishment, be dismissed, suspended from duty, suffer reduction in pay or administration of a reprimand:
1.　When he has acted contrary to this Law or rules of the Commission;
2.　When he has acted contrary to the duties of his position or has neglected his duties;
3.　When he is guilty of such malfeasance as to render himself unfitting to be a servant of the community.
Effect of Disciplinary Punishment)
Article 83.　The period for suspension of duty shall range from one month to one year.
While still retaining his status in the service, a person who is suspended from duty does not attend to his official duties. While he is suspended from duty, he shall receive one-third of his pay.
In case of reduction in pay, less than onethird of his pay shall be deducted for a period ranging from one month to one year.
(Administrator of Disciplinary Punishment)
Article 84.　Disciplinary punishment shall be administered by an appointing officer.
(Relations with Criminal Court)
Article 85.　While a case which is to be subjected to disciplinary punishment is in the criminal court, no disciplinary proceedings may be taken on the same case.
Part 3. Guarantee
Division 1. Application for Administrative Action on Working Conditions
(Application for Administrative Action on Working Consditions)
Article 86.　Personnel of the service may present application to the Commission relative to salary, wages, or any of the working conditions, and ask that they be accorded appropriate administrative action by the Commission or the head of an employing agency of government.
(Review and Evaluation of Case)
Article 87.　When the application specified in the preceding Article is received, the Commission shall conduct such investigations, hearings or other fact finding operations as may in its discretion be necessary, and evaluate the situation with due regard to fairness to the public and all persons concerned and in terms of maintaining and improving the efficiency of personnel of the service.
(Action to be taken as a Result of Evaluation)
Article 88.　When the Commission considers action necessary in regard to working conditions on the basis of the evaluation specified in the preceding Article, it shall take its own action on the matters under its jurisdiction, and recommend to the head of an appropriate agency of government to take action in regard to other matters.
Division 2. Review of Disadvantageous Action taken against the Will of Personnel
(Delivery of Written Statement of Charges for Reduction of Pay Grade, etc., taken against the Will of Personnel)
Article 89.　When a person in the service, against his will, has his pay grade reduced, or is demoted, temporarily retired, dismissed or otherwise subjected to greatly disadvantageous action, or is about to be administered disciplinary punishment, he shall at the time of such action be given by the officer taking such action a written statement of charges fully setting forth the reasons therefor.
In cases wher where a person in the service considers that he has been subjected to greatly disadvantageous action specified in the preceding paragraph, be may demand delivery of the written statement of charges mentioned in the same paragraph.
(Appeal for Review)
Article 90.　The employe subject to the action specified in Paragraph 1 of the preceding Article may, within thirty days after he has received the written statement of charges, appeal to the Commission for review thereof.
(Investigation)
Article 91.　On receipt of the appeal specified in the preceding Article, the Commission, or an agency or agencies designated by the Commission, shall promptly investigate the case.
In the cases specified in the preceding paragraph, if the employe subject to the action demands a hearing, such hearing shall be accorded. If requested by the employe concerned, the hearing shall be a public hearing.
The officer who took the action or his representative and the employe subject to the action may appear at all hearings, be represented by counsel of their own choosing, be heard and present witnesses, books, records and any pertinent facts and data.
Persons other than those mentioned in the preceding paragraph may present to the Commission any facts and data concerning the case.
(Action to be taken as a Result of Investigation)
Article 92.　If, as a result of the investigation specified in the preceding Article, the validity of the charges is established, the Commission shall confirm the action of the employing agency of government.
If, as a result of the investigation specified in the preceding Article, it is established that the action taken is at variance with the facts or otherwise is not justified, the Commission shall, in regard to the concellation or revision of the original action, the restoration of employment rights to the person involved, the correction of any injustice that may have done him by reason of such inaccurate accusation, and the reimbursement of any compensation lost by reason of such inaccurate accusation, take its own action for the matters under its jurisdiction, and shall, in regard to others, submit a report to the Prime Minister giving its views thereon.
Upon receipt of the report specified in the preceding paragraph, the Prime Minister shall, in compliance with such report, take such appropriate action as to give necessary direction etc. to the head of the employing agency of government to which the employe involved is attached.
Division 3. Compensation for Injury and Disease incurred in Line of Duty
(Compensation for Injury and Disease incurred in Line of Duty)
Article 93.　In case a person in the service dies, is injured or incurs disease in line of duty or die as the result thereof, a system of compensating the employe concerned and his immediate dependents for damage resultant of any such incident, shall be established and enforced.
The compensation system specified in the preceding paragraph shall be provided by law.
(Matters to be provided in Law)
Article 94.　In the compesation system mentioned in the preceding Article, the following matters shall be provided:
1.　Protection of the employe concerned against economic distress during periods of incapacity resultant of injury or disease incurred in line of duty.
2.　Compensation of the employe for permanent or prolonge damage to his earning capacity resultant of injury or disease incurred in line of duty.
3.　In the event of the death of the employe resultant of injury or disease incurred in line of duty, compensation for damage sustained by the surviving members of his family or those who maintain their living by an income of the employe at the time of his eath.
(Responsibility of the Commission for Drafting Compensation System)
Article 95.　The Commission shall conduct essential studies in regard to the compensation system as soon as practicable, and submit its recommendations thereon to the Prime Minister.
Section VII. Performance on Duty
(Basic Standard for Performance on Duty)
Aaticle 96.　Any person in the service, as a servant of the community, shall attend to his duties in the interest of the public, and exert his utmost in the performance of his duties.
Except as prescribed in this Law, determinations necessary for enforcing the basic standard specified in the preceding paragraph shall be provided by rules of the Commission.
(Subscription to Oath)
Article 97.　Personnel of the service shall subscribe to the eath of office, as provided by rules of the Commission.
(Duty to obey Laws and Orders and Orders of Superiors)
Article 98.　Personnel of the service in the performance of their duties shall comply with laws and orders and observe the orders of their superiors on matters pertaining to the performance of their official duties. They may, however, express their opinions regarding the orders of their superiors.
(Prohibition of Acts causing Loss of Credit)
Article 99.　No person in the service shall act in such a way as to cause the loss of credit of his position or reflect adversely on the national public service.
(Duty to Preserve Secrecy)
Article 100.　A person in the service shall not divulge any secret which may have come to his knowledge in the performance of his duties. This shall also apply after he has retired from office.
In case a person in the service is to make a statement concerning any secret in respect of his duties as a witness or an expert witness prescribed by law or order, he shall require the permission of the head of his employing agency of government (or in the case of a retired employe, the head of the agency of government having jurisdiction over the position he held at the time of retirement or any position similar thereto).
The permission referred to in the preceding paragraph shall not be refused, except under conditions and procedures provided by law or rules of the Commission.
(Undivided Attention to Duty)
Article 101.　Personnel of the service, except in cases authorized by the head of their employing agency of government because of special circumstances, shall give their full working time and occupational attention to the duties of their public position.
(Restriction of Political Activities)
Article 102.　No person in the service shall solicit, or receive, or be in any manner concerned in soliciting or receiving any subscription or other benefit for any political party or political purpose.
No person in the service shall be a candidate for elective public office in cases provided by rules of the Commission.
No person in the service specified by law or rules of the Commission shall be an officer of any political party or political organization.
(Exclusion from Private Enterprise)
Article 103.　A person in the service shall not concurrently hold a position therein and a position of an officer, adviser or councillor in any company or other organization established for the purpose of carrying on any commercial, industrial or financial or other private enterprise aiming at pecuniary gain (to be hereinafter referred to as profit-making enterprise), nor shall he carry on, on his own account, any enterprise which aims at pecuniary gain.
No person who was in the service shall, for a period of two years after leaving the a service, accept an appointment involving representation of a profit-making enterprise which is closely connected with the duties of the public position he held for two years prior to retirement.
The provisions of the preceding two paragraphs shall not apply to cases wherein approval is given by the Commission on the recommendation of the head of the employing agency of government, as provided by rules of the Commission.
With respect to a profit-making enterprise, when a person in the service holds stocks, shares or other interests therein to such a degree as to be in a position to participate in the management of such enterprise, the Commission may call upon such employe to submit a report regarding his holdings of stocks, shares and other interests, as provided by rules of the Commission.
When the Commission, on the basis of the report specified in the preceding paragraph, considers it inappropriate for the person concerned to continue the holdings in question in the performance of his duties, it may serve notice to the employe to the same effect, as provided by rules of the Commission.
Upon receipt of the notice mentioned in the preceding paragraph, if the employe concerned has objection to the substance thereof, he may file a protest with the Commission within thirty days after he has received the said notice.
The provisions of Paragraphs 2 and 3 of Article 91 shall apply correspondingly to the instances of protest as specified in the preceding paragraph.
An employe who has not filed any protest as specified in Paragraph 6 and an employe whose protest has not been sustained as the result of investigation by the Commission shall divest himself of his holdings either in whole or in part within a period provided by rules of the Commission or relinquish his position, as provided by rules of the Commission.
(Restriction of Participation in Other Undertaking or Business)
Article 104.　If a person in the service is, in consideration of a honorarium, concurrently to hold a position therein and a position of an officer, adviser or councillor in any undertaking other than a profit-making enterprise, or to engage in any other undertaking or to carry on business, the permission of the head of the employing agency of government shall be required.
(Scope of Duties of Personnel)
Article 105.　Apart from taking charge of duties prescribed by law or order, personnel of the service as such shall assume no other obligation whatever.
(Conditions of Work)
Article 106.　Necessary determinations concerning conditions of work and other matters pertinent to the performance of duties may be provided by rules of the Commission.
The rules of the Commission mentioned in the preceding paragraph shall be consistent with the purport of this Law.
Section VIII. Pension to Retired Employes
(Basic Standard for Pension to Retired Employes)
Article 107.　Persons in the service who have faithfully served for a reasonable period of time and retired shall be given pension.
Necessary determinations concerning pension mentioned in the preceding paragraph shall be provided by law.
Persons who retire as the result of injury or disease incurred in line of duty or the surviying members of those who die in line of duty may be given a pension as provided by law.
(Object of the Pension System)
Article 108.　The pension system shall have as its object the provision for each person, after retirement of an income adequate to sustain him and his immediate dependents at the time of retirement or death in manner dignified and appropriate to the circumstances of retirement or death.
In the cases of Paragraph 3 of the preceding Article, due adjustments with the compensation system specified in Article 93 shall be effected.
The pension system shall be designed on a sound basis and administered by the Commission.
The Commission shall conduct essential studies in regard to the pension system as soon as practicable and submit its recommendations thereon to the Prime Minister.
Chapter IV. Penal Provisions
Article 109.　A person who violates the prohibition prescribed in Article 39 shall be sentenced not to exceed three years in penal servitude or fined not to exceed ten thousand yen.
Money or other benefit given or received by the person mentioned in the preceding paragraph shall be confiscated. When it is not possible to collect such amount either in whole or in part, its value shall be sought and collected.
Article 110.　A person falling under one of the following cases shall be sentenced not to exceed one year in penal servitude or fined not to exceed five thousand yen.
1.　A person who has been subpoenaed as a witness in accordance with the provision of Paragraph 2 of Article 17 and has made a false statement;
2.　A person who has been ordered to produce books, records or copies thereof in accordance with the provision of Paragraph 2 of Article 17 and has produced false books, records or copies thereof;
3.　A person who violates the prohibition prescribed in Article 40 or Article 41;
4.　A person who violates the prohibition prescribed in Paragraph 2 of Article 103.
Article 111.　A person who has been subpoenaed as a witness in accordance with the provision of Paragraph 2 of Article 17 and has not responded, except for just cause, or who, in accordance with the provision of the same paragraph, has been ordered to produce books, records or copies thereof and has not complied with such order without any just cause shall be fined not to exceed three thousand yen.
Supplementary Provisions:
Article 1.　In this Law the the provision of Article 2 of the Supplementary Provisions shall be enforced from November 1, 1947, and other provisions from July 1, 1948.
The Commission shall be set up not later than January 1, 1949.
In this Law provisions other than those concerning the establishment of the Commission and the Performance on Duty (inclusive of the supplementary provisions related thereto) may be gradually applied as practicable, as provided by law or rules of the Commission.
Article 2.　A Temporary National Personnel Commission (to be hereinafter referred to as the Temporary Commission) shall be set up under the jurisdiction of the Prime Minister.
The Temporary Commission shall have the power of investigating positions, employment situations and other matters pertaining to personnel administration in general and making other preparations in so far as are necessary for the enforcement of this Law.
The Temporary Commission shall exercise the powers of the Commission as provided in this Law from July 1, 1948 up to the installation of the Commission. In this case, "the Commission" in this Law shall be taken to read "the Temporary Commission" and "Commissioners" shall be taken to read "members of the Temporary Commission."
The Temporary Commission shall be composed of a chairman and two members.
The chairman and members of the Temporary Commission shall retire upon the installation of the Commission. In this case the chairman of the Temporary Commission shall promptly hand over charge to the Chairman of the Commission.
The provisions of Paragraph 1 of Article 5, Paragraphs 3 to 5 inclusive of the same Article and Paragraph 2 of Article 11 shall apply correspondingly in respect of the chairman and members.
The Temporary Commission shall have a Secretariat.
In the Secretariat of the Temporary Commission there shall be one Executive Director and necessary personnel prescribed by Cabinet Order.
Necessary determinations concerning the implementation of the powers of the Temporary Commission may be provided by Cabinet Order until July 1, 1948, after which time such determinations shall be provided by law or rules of the Commission.
Article 3,　In Paragraph 6 of Article 5, the department of the university or high school shall include the department of the universities under the "University Ordinance," the high schools under the "High School Ordinance" or the colleges under the "College Ordinance."
Article 4.　Of Commissioners who are appointed at the outset, the term of office of two shall, without prejudice to the provision of Paragraph 1 of Article 7 be five years for one and three years for the other. In this case, which Commissioner shall have which term of office shall be decided by the Prime Minister.
Article 5.　In case Commissions other than the Chairman are simultaneously appointed from the outset, in applying the provision of Paragraph 3 of Article 11, "a senior Commissioner" shall be taken to read "a Commissioner on a longer term of office."
Article 6.　Dismissals by disciplinary decision referred to in Item 3 of Article 38 shall include those effected under the provisions heretofore in force.
Article 7.　The temporary retirement or disciplinary punishment of a person who, under the regulations heretofore in force, has been ordered to be temporarily retired or has been under disciplinary proceedings or has been subjected to disciplinary action shall be the same as heretofore.
Article 8.　The provision of Item 2 or Item 3 of Article 82 shall also apply to acts committed before the application of the provisions of the same Article.
Article 9.　On a date to be later established by the Commission, persons actually holding positions designated by the Commission shall, as provided by rules of the Commission, be regarded as having qualified themselves in the examination or the evaluation based on this Law or otherwise as having possessed the qualifications necessary for the grade and class to which the positions involved belong and held the latter under the procedure based on this Law. This provision shall not, however, apply to persons specified in Article 11 of the Supplementary Provisions.
Article 10.　In cases of the designation of positions specified in the preceding Article, an appointing officer may, with the approval of the Commission, extend beyond the limits specified in Paragraph 1 of Article 60 temporary employment to the positions designated in the preceding Article for a period not to exceed three years from the dates as specified in the preceding Article.
Article 11.　Persons actually holding, on a date to be later established by the Commission, such positions as heads and assistant heads of external and internal bureaus of the Prime Minister's Office, the various ministries, and agencies specified by the Commission and other positions of organizational level in the service, similar to the foregoing, as designated by the Commission, shall, as provided by rules of the Commission, be deemed on that date as having received temporary employment prescribed in the preceding Article;such temporary employment, however, shall not exceed three years from July 1, 1948.
In regard to the positions as specified in the preceding paragraph, it shall be the duty of the Commission by greatest diligence to make allocations of positions and administer the necessary, examinations or evaluations under this Law within two years after July 1, 1948.
Article 12.　The provision of Article 100 shall also apply to former personnel who had retired before the enforcement of the provision of the same Article.
Article 13.　In case it is necessary to make exceptions to this Law on the basis of the special nature of the duties and responsibilities, of any positions in the regular government service, such as diplomatic and consular officials, other personnel stationed abroad, school teachers, court officials or public procurators, such exceptions may be separately provided by law or rules of the Commission. These exceptions shall not, however, be contrary to the spirit of Article 1 of this Law.
Article 14.　Interim exceptions and other matters necessary for the revision or abrogation of the provisions of the laws and orders concerning personnel which are actually valid at the time of enforcing or applying the various provisions of this Law, and for applying the provisions of this Law to persons subject to those of such laws and orders shall be provided by law or rules of the Commission.
Prime Minister　KATAYAMA Tetsu
Minister for Foreign Affairs　ASHIDA Hitoshi
Minister for Home Affairs　KIMURA Kozaemon
Minister of Finance　KURUSU Takeo
Minister of Justice　SUZUKI Yoshio
Minister of Education　MORITO Tatsuo
Minister of Welfare　HITOTSUMATSU Sadayoshi
Minister of Agriculture and Forestry　HIRANO Rikizo
Minister of Commerce and Industry　MIZUTANI Chozaburo
Minister of Transportation　TOMABECHI Gizo
Minister of Communications　MIKI Takeo
Minister of Labor　YONEKUBO Mitsusuke