The Local Autonomy Law shall partially be amended as follows:
"Volume III Exceptions concerning Special Local Public Bodies and Local Public Bodies
Chapter I Special Local Public Bodies
Section III Associations of Local Public Bodies
Section IV Financial Wards
Chapter II Conference of Local Public Bodies
"mentioned in Contents of the Local Autonomy Law shall read
"Volume III Special Local Public Bodies
Chapter III Associations of Local Public Bodies
Chapter IV Financial Wards
"
In Article 2, Paragraph 2, "such affairs as belongs to ordinary local public bodies" shall read "in addition to such affairs as belong to ordinary local public bodies, other administrative affairs of the same district which do not belong to national affairs."
After "by by-laws" mentioned in Article 3, Paragraph 3, "upon obtaining the permission of the governor of the metropolis, district or urban or rural prefecture." shall be added.
In Article 6, Paragraph 3, "in case no mutual agreement has been reached thereon, the Minister for Home Affairs shall, after consulting the views of the assemblies of the metropolis, district or urban or rural prefecture concerned, determine the same" shall be deleted.
Article 7. The creation of city, town or village its dissolution, division, union, or the alteration of the boundary of a city, town or village shall be effected on the basis of the application of the cities, towns or villages, concerned, by the governor of the metropolis, district, or urban or rural prefecture upon the resolution adopted by the assembly, and the notification to that effect shall be made to the Prime Minister;the same shall apply to the incorporation of an unassigned territory into the area of a city, town or village.
The alteration of the boundary of a city, town or village affecting the boundaries of the metropolis, district or urban or rural prefectures shall, on the basis of the application of ordinary local public bodies concerned, be effected by the Prime Minister.
If, in the cases contemplated in the preceding two paragraphs, it is necessary for disposition of a property to be effected, it shall be determined by the mutual agreement of the cities, towns or villages concerned.
The application or the mutual agreement prescribed in the preceding three paragraphs shall be made after the resolutions of the assemblies of the respective ordinary local public bodies concerned.
In the case where the Prime Minister has received the notification prescribed in the provision of Paragraph 1, or he has effected the disposition in accordance with the provision of Paragraph 2, he shall forthwith give public notice thereof.
Article 8. An ordinary local public body shall have the following conditions to become a city:
1. Having a population of thirty thousand or upward;
2. The number of houses which are situated within the central urban area of the ordinary local public body concerned, being 60% or upward of the whole number of houses;
3. The number of inhabitants, who engage in commerce, industry or any other similar business and or inhabitants who belong to the same household as those inhabitants, being 60% or upward of the whole population;
4. In addition to those which are provided for in the preceding items, urban institutes and other conditions necessary for a city as are provided for by by-law of the metropolis, district or urban or rural prefecture concerned being existing.
An ordinary local public body shall, to become a town, have the necessary conditions for a town which are provided for by by-law of the metropolis, district or urban or rural prefecture.
With respect to the disposition of the reorganization of a town or village into a city or the reorganization of a city into a town or village, or the disposition of the reorganization of a village into a town or the reorganization of town into a village, the same shall be effected in conformity to the provisions of Paragraphs 1, 4 and 5 of the preceding Article.
Article 14. An ordinary local public body may enact any by-law on affairs mentioned in Paragraph 2 of Article 2, unless the by-law contravenes any laws or ordinances.
An ordinary local public body shall stipulate its disposition of the administrative affairs by its by-law unless otherwise provided for by law or ordinance.
The prefectural government may stipulate the disposition of the administrative affairs of the city, town and village by its by-law unless otherwise provided for by law or ordinance.
If the city, town and village by-law regarding the disposition of the administrative affairs contravenes that of the prefecture mentioned in the preceding paragraph, the former shall be null and void.
An ordinary local public body may stipulate by its by-law the imposition of the imprisonment with or without hard labor not exceeding two years, the fine not exceeding 100,000 yen, the detention, charge or confiscation for the violation of its by-law unless otherwise provided for by law or ordinance.
The crime specified in the preceding paragraph shall fall under the jurisdiction of the national court.
In Paragraph 1 of Article 15, "subject to law" shall be amended as "unless contrary to any laws or ordinances," and Paragraph 2 of the same Article shall be amended as follows:
The chief of an ordinary local public body may impose the administrative fine not exceeding 2,000 yen for the violation of its regulation unless otherwise provided for by law or ordinance.
Article 18, Paragraph 2 shall be amended as follows:
A person who has lived for 6 consecutive months within the area of a city, town or village and has forfeited the right for voting in the elections of members of the assembly and of headman of the autonomy to which he belongs, on account of his removal from the place he inhabited being compelled by an act of nature or an emergency, or a person under the same circumstances or a repatriate who has settled down in a city, town or village yet has lived there less than 6 months, shall, on application to the electorical administration committee of the city, town or village concerned have the right for voting in such elections of the city, town or village concerned irrespective of the residential condition provided for in the preceding paragraph.
In the same Article, Paragraphs 3 and 4, "been granted" shall be deleted.
In Article 24, Paragraph 1, "promptly" shall be revised as "promptly within the limit of 60 days of the date."
"Article 59, Paragraph 2" mentioned in Article 25, Paragraphs 2 to 4 inclusive shall read "Article 59, Paragraph 4."
Article 26, Paragraph 2 shall read as follows:
If, in such a case where the election of an ordinary local public body (excluding the election contemplated in Article 65, Paragraph 1) is to be held, there are such persons who have not been entered in the electors'register for the members of the House of Representatives or supplementary electors'register in the city, town or village concerned and who have the right to vote at the election of assemblymen or the chief of the ordinary local public body, the electoral administration committee of a city, town or village shall, by application, prepare the supplementary electors'register in which such persons are to be entered, and shall put the same open to inspection of the persons concerned at any place designated by the committee.
The requisite of the right to vote shall be investigated as on the day of preparation of the supplementary electors'register. In this case, the age and term of address according to the provisions of Article 18, Paragraph 1 shall be computed as on the day of election.
The same Article, Paragraph 4 shall be deleted, and the same Article, Paragraph 6 shall read as follows:
The preparation, inspection, day and term in respect to the determination and conclusion of objection, method and term of application, etc. shall be determined by the electoral administration committee, which administers the affairs of the election concerned, and be notified to the public beforehand.
In such a case where the election of the metropolis, district or urban or rural prefecture and the election of a city, town or village are to be held at the same time in accordance with the provisions of the preceding Article, Paragraph 3, the day and term, etc. contemplated in the preceding paragraph shall, notwithstanding the provisions of the same paragraph, be determined by the electoral administration committee of the metropolis, district or urban or rural prefecture, and be notified to the public beforehand.
In Article 27, Paragraph 2, "in the case contemplated in the preceding paragraph, the committee shall, within twenty days of the day on which the objection has been filed against it, determine the same." shall be deleted, and the same Article Paragraphs 4 and 5 shall read as follows:
The electoral administration committee shall forthwith effect an amendment in the supplementary electors'register, if such is required to be effected therein upon the final decision having been given, and notify the effect.
The electoral administration committee shall adjust and prepare the new supplementary electors'register on the present day of Dec.20 every year.
In Article 30, Paragraph 1, "on or before the third day prior to the day of election" shall read "on or before the third day prior to the day of election in case of the election of the assemblymen or the chief of the metropolis, district or urban or rural prefecture and a city, and on or before the second day prior to the day of election in case of the election of the assemblymen or the chief of the election of a town or village," "and the following three paragraphs shall be added after the same Article, Paragraph 3:
Those persons reported by the candidate who have belonged to the same political party or other association shall not become, three or more, inspectors of poll.
In such a case where those persons reported in accordance with the provisions of the first paragraph who have belonged to the same political party or other association exist three or more, notwithstanding the provisions of the second and third paragraphs, other persons than those two persons who have been determined by the superintendent of the poll by drawing lots in case of those who become inspectors of poll by the report immediately, or two persons who have polled the greatest number of the votes in case of the inspectors of the poll elected by mutual election (in case of determining such two persons, if the votes are equal, such persons who have been determined by the superintendent of the poll by drawing lots) shall not become inspectors of poll.
After inspectors of poll have been determined in accordance with the provisions of Paragraphs 2, 3 or the preceding paragraph, if the number of inspectors of poll reported by the candidates who belong to the same political party or other association become three or more, other persons than those two who have been determined by drawing lots by the superintendent of poll shall vacate their offices.
After "mutual election" mentioned in the same Article, Paragraph 4, "or the lots contemplated in the fifth paragraph" shall be added, and after "mutual election" mentioned in the same Article, Paragraph 5, "or the lots contemplated in the fifth or sixth paragraph" shall be added, and the following proviso shall be added to the same Article, Paragraph 7.
However, three or more persons aggregating those persons who belong to the same political party or other association as the political party or other association to which the candidates who have reported inspectors of poll contemplated in Paragraph 2 or inspectors of poll chosen by the superintendent of the poll belong, with inspectors of poll reported by the candidates concerned or inspectors of poll chosen by the superintendent of the poll, shall not be chosen.
In Article 32, Paragraph 3, "with respect to the voting of a person" and "the special provisions may be made by Cabinet Order" shall read "the elector" and "after the application to the superintendent of the poll, the superintendent of the poll may cause a person appointed upon hearing the opinion of the inspectors of poll to write in of a ballot. In this case, necessary matters of the procedures shall be prescribed by Cabinet Order" respectively.
In Article 34, "the duty or business in which he is engaged, or illness or any of such grounds as are provided by Cabinet Orders" shall read "the following grounds," and the following three items shall be added to the same Article:
1. An elector has been engaged in the duty or business in the district outside the county or city where the polling district he is attached to is situated (in case of an elector who has been engaged in the affairs related to the election, he has been engaged in the duty in the district outside the area where the polling district he is attached to is situated);
2. Except those mentioned in the preceding item, an elector has been travelling or staying in the district outside the county or city where the polling district he is attached to is situated, on account of inevitable duty or other accidents;
3. Except those mentioned in the preceding item, an elector has serious difficulty to walk on account of illness, wound, pregnancy or deformity or on account of being in bed to bear a child.
Article 50, Paragraph 4 shall be deleted.
In Article 51, "Paragraphs 2 and 3" shall be deleted.
In Article 53, Paragraph 3, "till the third day prior to the day of election" mentioned shall read "till the third day prior to the day of election in case of the election of the assemblymen or the chief of the metropolis, district or urban or rural prefecture and a city, and till the second day prior to the day of election in case of the election of the assemblymen or the chief of a town or village," and the following five paragraph shall be added after the same paragraph:
If, in such a case where there exist two or more candidates filed notice of candidacy in accordance with the preceding three paragraphs with respect to the election of the chief of an ordinary local public body, the number of candidates has become one on account of death or withdrawal from the candidacy of any of the candidates till the day before the day of election, the day of election shall be postponed until the fifth day computed as from the day notified in accordance with the provisions of Article 24, Paragraph 4 or 5. In this case, the electoral administration committee which administers the affairs concerning the election concerned shall forthwith notify the effect.
If, in such a case where the election of the metropolis, district or urban or rural prefecture and the election of the mayor of a city, or the headman of a town or village are to be hold at the same time in accordance with the provisions of Article 25, Paragraph 3, with respect to the election of the mayor of a city, or the headman of a town or village, there happens a matter which falls under the provisions of the preceding paragraph, the electoral administration committee of a city, town or village shall forthwith inform the effect to the electoral administration committee of the metropolis, district or urban or rural prefecture.
If, in such a case where the election of the governor of the metropolis, district or urban or rural prefecture and the election of the mayor of a city, or the headman of a town or village are to be held at the same time, with respect to the election of the governor of the metropolis, district or urban or rural prefecture, there happens a matter which falls under the provisions of the fourth paragraph, and with respect to the election of the mayor of a city, or the headman of a town or village, the electoral administration committee has come to be informed in accordance with the provisions of the preceding paragraph that there happens also am atter which falls under the provisions of the fourth paragraph, the electoral administration committee of the metropolis, district or urban or rural prefecture shall postpone the day of election, and cause the elections to be held at the same time within seven days from the day informed (if there are more than two informations, from the latest day informed). In this case, the day shall be notified to the public at least on or before five days prior to the day of election.
In such a case where the elections of ordinary local public bodies are to be held at the same time in accordance with the provisions of Article 5, Paragraph 1 or 3, the necessary matters shall, in respect to a case where, with respect to the election of the chief of an ordinary local public body, there happens a matter which falls under the provisions of the fourth paragraph, be prescribed by Cabinet Order, except for the case which falls under the provisions of the preceding paragraph.
In the case mentioned in Paragraphs 4 and 6, the notice of candidacy or of recommendation of a candidate may be filed, in conformity to the provisions of Paragraph 1 or 2, by the third day prior to the day of election in case of the election of the governor of the metropolis, district or urban or rural prefecture or the mayor of a city, by the second day prior to the day of election in case of the election of the headman of a town or village from the day notified in accordance with the provisions of Paragraphs 4 and 6.
In the same Article, Paragraph 6, "Paragraph 8" shall be added after "the Paragraph 3."
In Article 56, Paragraphs 2 to 4 inclusive, "Paragraph 6" shall read "Paragraph 11."
Article 58, Paragraph 1 shall read as follows:
If the number of the candidates of whom notices prescribed in the provisions of Article 53, Paragraphs 1 to 3 inclusive have been filed is, in respect to the election of the assemblymen of an ordinary local public body, less than the whole number of the assemblymen, or the number of the candidates filed notices in accordance with the provisions of the same Article, Paragraphs 1 to 3 inclusive or Paragraph 8 is, in respect to the election of the chief of an ordinary local public body, one, no poll shall be taken.
Article 59. When the elected persons have been determined, the presiding officer of election shall forthwith report the addresses, full names and the numbers of votes polled of the elected persons, respective total number of votes polled by each candidate and such other particulars as are concerned with the election to the electoral administration committee which administers the affairs related to the election concerned.
When the report prescribed in the preceding paragraph is made, the presiding officer of election which administers the affairs related to the election concerned shall forthwith notify to the elected persons of their having been duly elected, and also notify the addresses and full names of the elected persons to the public. In respect to the election of the city, town or village, the same shall also be reported to the electoral administration committee of the metropolis, d strct or urban or rural prefecture.
If there exists no person duly elected, or if the number of the persons elected at the election of the assemblymen of an ordinary local public body are less than the whole number of the assemblymen to be elected thereat, the presiding officer of election shall forthwith report the effect to the electoral administration committee which administers the affairs related to the election concerned.
When the report prescribed in the preceding paragraph is made, the electoral administration committee which administers the affairs related to the election concerned shall forthwith notify the effect to the public, and also, in respect to the election of a city, town or village, to the electoral administration committee of themetropolis, district or urban or rural prefecture.
In Article 61, Paragraph 3, Item 1, "the Minister for Home Affairs" shall read "the Prime Minister."
In Article 63, Paragraph 2, "Paragraph 6" shall read "Paragraph 11."
In Article 65, Paragraph 1, "Paragraph 2" shall read "Paragraph 4," and after "Paragraph 3" "or Paragraph 8," shall be added, and in Paragraph 2 of the same Article, "Paragraph 2" shall read "Paragraph 4," and after Paragraph 4 of the same Article, the following five paragraphs shall be added:
When the number of candidates have become one on account of death or withdrawal from candidacy of any of the candidates, the day of election shall, notwithstanding the provisions of the first paragraph, be postponed till the fifth day after the day notified in accordance with the provisions of the third paragraph. In this case, the electoral administration committee which administers the affairs related to the election concerned shall forthwith notify the effect to the public.
When the election of the governor of the metropolis, district or urban or rural prefecture and the election of the mayor of a city or the headman of a town or village are to be held at the same time in accordance with the provisions of Article 25, Paragraph 3, if, in respect to the election of the mayor of a city or the headman of a town or village, there happens any matter which falls under the provisions of the preceding paragraph, the electoral administration committee of a city, town or village shall forthwith report the effect to the electoral administration committee of the metropolis, district or urban or rural prefecture.
If, in respect to the election of the governor of the metropolis, district or urban or rural prefecture, there happens a matter which falls under the provisions of the fifth paragraph and the electoral administration committee of the metropolis, district or urban or rural prefecture has been informed in accordance with the provisions of the preceding paragraph that there happened a matter which falls under the provisions of the fifth paragraph in respect to the election of the mayor of a city, or the headman of a town, or village, the electoral administration committee of the metropolis, district or urban or rural prefecture shall postpone the day of election, and cause the elections to be held at the same time within seven days from the day informed (if there are more than two informations, from the latest day informed). In this case, the day shall be notified at least on or before five day, prior to the day of election.
When the election of the governor of the metropolis, district or urban or rural prefecture and the election of the mayor of a city of the headman of a town or village are to be held at the same time in accordance with the provisions of Article 25, Paragraph 3, if, in respect to any of the elections, there happens a matter which falls under the provisions of the fifth paragraph, necessary matters shall be prescribed by Cabinet Order.
In the cases of contemplated in Paragraphs 5 and 7, or the election contemplated in the first paragraph, if the number of candidates has become one on account of death or withdrawal of candidates before the notification of the day of election contemplated in the provisions of the third paragraph, such one candidate and the person who has not become a candidate in accordance with the provisions of Paragraph 1 or Paragraph 4 and hags polled the majority of valid votes at the election shall be the candidates. When it can not be determined by the number of votes obtained due to equality of such votes, the electoral administration committee shall determine by drawing of lots.
The same Article, the former clause of the seventh paragraph shall read as follows:
In such a case where, in respect to the election contemplated in the first paragraph, the cause contemplated in the fifth paragraph has happened, or the number of candidates has become one on account of death or withdrawal of candidates before the day of election as notified in accordance with the provisions contemplated in the third paragraph, if the number of the candidate has become one on account of there being
no person to be a candidate in accordance with the ninth paragraph or of death or withdrawal from candidacy of one of the candidates contemplated in the same paragraph, no poll shall be taken.
In the same Article Paragraph 8, "Paragraph 7" shall read "Paragraph 10."
Paragraph 1 or Paragraph 2 " mentioned in Article 66, Paragraph 1 and " Paragraph 1 or Paragraph 2 " mentioned in the same Article Paragraph 5 shall read " Paragraph 2 or 4 " and " Paragraph 2 or 4" respectively and the following paragraph shall be added to the same paragraph:
With regard to an action as to the election of the chief of an ordinary local public body, the electoral administration committee of the metropolis, district, urban or rural prefecture must make an effort to give the decision to an appeal within 60 days of the date on which it was accepted by the electoral administration committee and the court must make an effort to give the judicial decision to an action within 100 days of the date on which it was brought to the court.
In Article 68, Paragraph 1, " Paragraph 1" shall read "Paragraph 2."
The following two paragraphs shall be added to Article 72:
The provisions of the proviso of Article 90 of the Law for the Election of the Members of the House of Representatives shall, notwithstanding the provisions of the preceding paragraph, not apply to the election of the assemblymen of the metropolis, district or urban or rural prefecture and of the assemblymen and the chief of a city, town or village.
The metropolis, district or urban or rural prefecture which may establish as many as five election offices in the election of the governor of the metropolis, district or urban or rural prefecture in accordance with the previsions of the proviso of Article 90 of the Law for the Election of the Members of the House of Representatives applying with necessary modifications in the Paragraph 1, and the number of such election offices shall be prescribed by the National Electoral Administration Committee.
"The Minister for Home Affairs" mentioned in Articles 77 and 82 shall read "the Prime Minister."
The following proviso shall be added to Article 84:
However, the demand in respect to the dismissal for the person who has been determined as the person elected in accordance with the provisions of Article 58, Paragraph 5 and has become the assemblyman or chief of an ordinary local public body, may be made even within one year computed as from the day of his assumption of office.
Article 91, Paragraphs 1 and 2 shall read as follows:
The full number of assemblymen in the preceding paragraph may especially be reduced by by-law.
The alteration of the full number of assemblymen contemplated in the preceding two paragraphs shall not be effected, except in the case of a general election.
In a city, town or village where, owing to the disposition contemplated in the provisions of Article 7, Paragraph 1 or Paragraph 2, its population has conspicuously increased or reduced, the full number of assemblymen may, notwithstanding the provisions of the preceding paragraph, be increased or reduced by by-law even during the term of office of assemblymen; provided that it may not be increased to exceed the full number of assemblymen or the basis of its new population.
If, in such a case where the full number of assemblymen has come to be reduced during their term of office, and the number of the persons actually assuming the office of assemblymen exceeds the reduced full number, the former number shall be determined to be the full number; however, if there happens any vacancy in the assemblymen, the full number shall be reduced to the reduced full number according to that vacancy.
In Article 96, Paragraph 1, Item 8, "the bodies" shall read "the public bodies."
The following paragraph shall be added to Article 97:
The assembly may not be hindered to adopt a resolution to increase the amount in respect to an estimate of annual revenue and expenditure for each fiscal year; provided, however, that the power of the chief of an ordinary local public body to submit a draft of the estimate of annual revenue and expenditure for each fiscal year shall not be transgressed.
After Article 100, Paragraph 1, .the following eight paragraphs shall be added:
In such a case where the assembly demands the testimony of electors or other persons concerned for the purpose of the investigation relating to the affairs of the ordinary local public body concerned, the provisions of the laws and ordinances concerning the inquiry of the witnesses contemplated in the Civil Procedure Code shall, except those which are specially provided for in this Law, apply with necessary modifications; provided, however, that the assembly shall neither order to arrest nor decide to impose an administrative fine.
If an elector or other person concerned who has been demanded to appear or to present records in accordance with the provision of Paragraph 1 fails to appear to the assembly or to present records or refuses to give the testimony, without good reasons, he shall be punished by imprisonment without hard labor for not more than six months, or by fine not more than five thousand yen.
In a case where the assembly has received a filing from an elector or other person concerned regarding the facts which are obtained by him as a government or public official, that such facts belong to the official secret, it shall not demand the testimony or the presentation of records concerning such facts without the consent of the office concerned, in this case, when the government or public office concerned refuses to give the consent, the reason therefore shall be explained by the office.
If it is considered that the explanation prescribed in the provision of the preceding paragraph is unreasonable, the assembly may request to the office concerned a declaration that the testimony or the presentation of records will be contrary to the public interest.
In a case where the government or public office concerned does not declare that effect within 20 days from the date on which the request prescribed in the provision of the preceding paragraph has been made, the elector or other person concerned shall give the testimony or present the records to the assembly.
In such a case where an elector or other person concerned who has taken an oath in accordance with the provisions of Paragraph 2 makes false statement, he shall be condemned to prisonment without hard labor of not less than three months, but not exceeding 5 years.
In such a case where the person committed a crime falling under the preceding paragraph has confessed such effect before the termination of the investigation of the assembly, he may be reduced or released the punishment.
In case where it is considered that any elector or other person concerned has committed the violation of the provision of Paragraph 3 or 7, the assembly shall refer for prosecution; provided that in such a case where an elector or other person concerned who made false statement has made the confession prior to the resolution of conclusion of the investigation, the assembly may not refer for prosecution.
In the same Article, Paragraph 2, " the preceding paragraph" shall read "the first paragraph," and the following five paragraphs shall be added:
In a case where the assembly makes investigation contemplated in the provision of Paragraph 1, the assembly shall previously decide, in the scope of the budget, the limit of cost of such investigation. The expenditure of the cost which exceeds the limit shall be adopted by the assembly anew.
The Government shall send official gazettes and those publications issued from the Government to assemblies of the metropolis, district or urban or rural prefecture, and send official gazettes and those publications issued from the Government as are deemed specially concerned with cities, towns and villages to assemblies of cities, towns and villages.
The metropolis, district or urban or rural prefecture shall send to assemblies of cities, towns or villages in the area of the metropolis, district or urban or rural prefecture and to assemblies of other metropolis, district or urban or rural prefectures public gazettes and such other publications as are deemed to be adequate.
The assembly shall establish a library to serve for the investigation and study of the assemblymen, and it shall be an official depository for official gazettes, public gazettes and publications which have been sent in accordance with the preceding two paragraphs.
The library mentioned in the preceding paragraph may be open to the public in general.
In Article 104, after "arrange the proceedings," " preside the affairs of the assembly" shall be added.
In Article 106, Paragraphs 1 and 2, "disability" shall read "absence by any hindrance."
In Article 113, "no business shall be transacted and decided at the session of the assembly of an ordinary local public body" shall read "No session of the assembly of an ordinary local public body shall be held"
In Article 123, Paragraph 3, "the Minister for Home Affairs" shall read "the Prime Minister."
Article 146. In such a case where it has been recognized of the governor of the metropolis, district or urban or rural prefecture that the supervision or execution of the national affairs, as is in his capacity national agent, contravenes the provisions of laws and ordinances or the disposition of the competent Minister or that he neglects the supervision or execution of such national affairs, the competent Minister may send a statement of charges to the governor of the metropolis, district or urban or rural prefecture concerned pointing out the effect and order him the matters to be acted by him fixing the term therefore.
If the governor of the metropolis, district or urban or rural prefecture has failed in acting the matter concerned by the term contemplated in the preceding paragraph, the competent Minister may ask a Higher Court for an order to compel him to act.
In such a case where the competent Minister has asked a Higher Court in accordance with the provision of the preceding paragraph, he shall forthwith inform the effect in a written statement to the governor of the metropolis, district or urban or rural prefecture concerned, and at the same time inform the date, location and method of such information to the Higher Court concerned.
If the Higher Court concerned has received the petition contemplated in the second paragraph, he shall summon the persons concerned on the day of hearings. The day shall be within fifteen days computed as from the day of receiving the petition contemplated in the provisions of the same paragraph.
If the Higher Court concerned has confirmed the petition of the competent Minister, he shall give decision of order to the effect that the governor is to act the matters concerned fixing the term therefore.
If the governor of the metropolis, district or urban or rural prefecture has, furthermore, failed to act the matters concerned by the term contemplated in the preceding paragraph in conformity to the decision mentioned in the same paragraph, the competent Minister may ask the Higher Court concerned for a decision to confirm the fact. In this case, the Court shall summon the person concerned, hold hearings and give a decision within ten days.
If a decision of confirmation contemplated in the preceding paragraph has been given, the competent Minister may take over the matters concerned from the governor of the metropolis, district or urban or rural prefecture.
If a decision of confirmation contemplated in the sixth paragraph has been given, the Prime Minister may remove the governor of the metropolis, district or urban or rural prefecture concerned from office.
If a decision of confirmation contemplated in the sixth paragraph has been given, the governor of the metropolis, district or urban or rural prefecture may ask the Higher Court which has effected the decision of confirmation for a decision to cancel the power of the Prime Minister contemplated in the provisions of the preceding paragraph by certificating to the effect that he has thereafter effected the matters concerned in conformity to the decision contemplated in the fifth paragraph.
An appeal against the decision contemplated in the fifth or sixth paragraph may be brought in conformity to the provisions prescribed by the Supreme Court.
An appeal contemplated in the preceding paragraph shall not have the effect to suspend the execution of the decision.
In such a case where it has been recognized that the supervision or execution of the national affairs under the power of the mayor of a city, headman of a town or village in his capacity as national agent contravenes the provisions of laws and ordinances or the disposition of the competent Minister, or the governor of the metropolis, district or urban or rural prefecture, or that the mayor or headman neglects the supervision or execution of the national affairs, the governor of the metropolis, district or urban or rural prefecture may, in conformity to the provisions of the preceding eleven paragraphs, order the matters to be acted by the mayor or headman, ask the decision of the Local Court or take over the matter concerned from him: or remove him from office.
A person removed from office in accordance with the provisions of the eighth paragraph or the preceding paragraph, shall not assume the office any government official attached to the metropolis, district or urban or rural prefecture or the public office of any local public bodies for two years as from the day of such removal.
An appeal against the removal contemplated in the provisions of the eighth of twelfth paragraph shall be brought within thirty days computed as from the day on which the appellant was informed of such removal.
An appeal against the removal contemplated in the provisions of the eighth or twelfth paragraph shall be brought to the Higher Court which effected the decision contemplated in paragraph 2 in case of the governor of the metropolis, district or urban or rural prefecture and to the Higher Court which exercises jurisdiction over the area of the city, town or village concerned in case of the mayor of a city, headman of a town or village.
If a decision has been given to the effect that the removal of the chief of an ordinary local public body from office is not sustained, the person removed shall recover his qualification once lost in accordance with the provisions of Parag Paragraph 13 as from the day of the conclusion of such decision.
The necessary matters concerning the procedures of asking the decision, hearings and decision contemplated in Paragraphs-2, 4 to 6 inclusive, 9, and 12 shall be determined by the Supreme Court.
The provisions contemplated in the preceding seventeen paragraphs shall not apply in such cases where the corresponding provisions are prescribed in other laws.
Article 148. The chief of an ordinary local public body shall administer the affairs of the ordinary local public body concerned and such affairs of the national government, other local public bodies or other public bodies as have formerly fallen within his powers under laws or ordinances and as will henceforth fall within his powers under laws or cabinet orders and shall execute the same.
In Article 152, Paragraph 1, "disability of the chief of an ordinary public body" shall read "any hindrance on the part of the chief of an ordinary public body or of vacancy in his post," and next to "in pursuance of the order fixed in advance by the chief of the ordinary local public body concerned" shall be added " , or, in the case where there is no fixed order, in pursuance of, the order of seniority, or, in the case where the order of seniority is equal, in pursuance of age, or, in the case where the age is same, in pursuance of the order decided by drawing lots," and in Paragraph 2, "disability of the vice-governor or deputy-mayor or the mayor of a town or village in case of a town or village which has no deputy-mayor" shall read "any hindrance on the part of the vice-governor or deputy-mayor or the mayor of a town or village in case of a town or village which has no deputy-mayor, or of vacancy occurring in such posts," and, next to "on behalf of the former" in the same paragraph, "or in his own behalf," shall be added.
Article 154. The chief of an ordinary local public body shall direct and supervise the officials who are his auxiliary organ.
In Article 156, Paragraph 1, " a police station" shall be amended as "a health center" ; in Paragraph 3 of the same Article, "administrative organ" shall read "local administrative organ," and the following two paragraphs shall be added to the same Article:
No local branch office (including fixed staff; the same rule shall apply in this Article), shall be opened by any Ministry or Central Governmental agency hereafter without first being approved by the Diet. All expenses needed in connection with the operation and function of such authorized branch offices shall be paid for by Ministry or Central agency concerned.
The provisions of the preceding paragraph shall not apply to the judicial administrative and disciplinary organs, police offices, railroad, communications and postal services (including insurance and savings disisions), institutions of learning, national hospitals, and sanitariums. institutions of navigation, meteorological stations, hydrographic organs, harbour construction offices, forestry stations and public works branch offices whose functions are solely supported by the national treasury.
Article 158, Paragraph 1 shall be revised as follows:
"For the purpose of alloting the affairs which fall within the powers of the governor of the metropolis. district or urban or rural prefecture, the following bureaus or departments shall be established in the metropolis, district or urban or rural prefecture:
I. Metropolis
1. General Affairs Department:
(a) Matters relating to the appointment, dismissal and status of the officials;
(b) Matters relating to the assembly and general administration of the metropolis;
(c) Matters relating to the general administration of cities, towns or villages or other public bodies;
(d) Matters which are not in charge of other departments.
(a) Matters relating to the estimate taxes and other finance of the metropolis.
(a) Matters relating to social welfare;
(b) Matters relating to social insurance.
(a) Matters relating to education and arts and science.
(a) Matters relating to agriculture, industry, commerce, forestry and fishery;
(b) Matters relating to the distribution of commodities and the control of the prices of commodities;
(c) Matters relating to weights and measures.
6. Bureau of Construction Works:
(a) Matters relating to the general affairs relating to construction and rehabilitation-works;
(b) Matters relating to city-planning;
(c) Matters relating to houses and building;
(d) Matters relating to public works.
7. Bureau of Communication:
(a) Matters relating to communication.
8. Bureau of Water-service:
(a) Matters relating to water-service and sewerage.
(a) Matters relating to health and sanitation;
(b) Matters relating to health centers.
(a) Matters relating to labor.
II. District or Urban or Rural Prefecture
1. General Affairs Department:
(a) Matters relating to the appointment, dismissal and status of the officials;
(b) Matters relating to the assembly and general administration of a district or urban or rural prefecture;
(c) Matters relating to the estimate, taxes and other finance of a district or urban or rural prefecture;
(d) Matters relating to the general administration of cities, towns or villages or other public bodies;
(e) Matters which are not in charge of other departments.
(a) Matters relating to social welfare;
(b) Matters relating to social insurance.
(a) Matters relating to education and arts and sciences.
4. Economic Affairs Department:
(a) Matters relating to agriculture, industry, commerce, forestry and fishery;
(b) Matters relating to the distribution of commodities and the control of the prices of commodities;
(c) Matters relating to weights and measures;
(d) Matters relating to labor.
5. Public Works Department:
(a) Matters relating to public works;
(b) Matters relating to city-planning;
(c) Matters relating to houses and building;
(d) Matters relating to communication.
(a) Matters relating to health and sanitation;
(b) Matters relating to health centers.
7. Agricultural Land Department:
(a) Matters relating to the adjustment of the affairs concerning agricultural lands;
(b) Matters relating to development and settlment.
Notwithstanding the provisions of the preceding paragraph, a district or urban or rural prefecture may, if of special necessity, establish the following Departments by by-law, provided that in cases where Agriculture and Forestry Department or Commerce and Industry Department has been established, Commerce and Industry Department or Agriculture and Forestry Department shall not be established respectively.
I. District or Urban or Rural Prefecture
1. Agriculture and Forestry Department (or Forestry Department):
(a) Matters relating to agriculture, forestry and fishery (in the case of Forestry Department;Matters relating to forestry);
(b) Matters relating to the distribution of agricultural, forestry and marine commodities (in the case of Forestry Department;Matters relating to the distribution of forestry commodities).
2. Commerce and Industry Department:
(a) Matters relating to commerce and industry;
(b) Matters relating to the distribution of commodities (excepting agricultural, forestry and marine commodities) and the control of the prices of commodities;
(c) Matters relating to weights and measures.
(a) Matters relating to fishery;
(b) Matters relating to the distribution of marine commodities.
(a) Matters relating to labor.
5. Public Utilities Department:
(a) Matters relating to the management of public utilities.
II. District
1. Development Department:
(a) Matters relating to development and settlement.
In Article 159, Paragraph 2, "one thousand yen" shall read "two thousand yen."
In Article 170, Paragraph 2, "in the event of disability of the chief accountant or treasurer," shall read "in the event of any hindrance on the part of the chief accountant or treasurer, or in the event of their posts being vacant," next to "in pursuance of the order fixed in advance by the chief of the ordinary local public body concerned," shall be added ", or, in case where there is no fixed order, in pursuance of the order of seniority, or, in the case where the order of seniority is equal, in pursuance of age, or, in the case where the age is same, in pursuance of the order decided by drawing lots," and in the same Article, Paragraph 4, "in the event of disability" shall read "in the event of any hindrance or the post of treasurer being vacant."
The following paragraph shall be added to Article 172:
In respect to the classification system, examination, appointment or dismissal, allowances, efficiency, limitation, disciplinary measures, gurrantee, service and other status of the officials contemplated in Paragraph 1, such provisions, besides those prescribed by this Law or Cabinet Orders based thereon, as are prescribed by the Law concerning the Officials of Ordinary Local Public Bodies shall apply.
Article 175, Paragraph 2 shall be deleted, and "the preceding two paragraphs" mentioned in the same Article, Paragraph 3 shall read "the preceding paragraph."
In Article 183, Paragraph 4, "disposition prescribed in the provisions of Article 176, Paragraph 2 or 3 as is concerned with his election or a decision relating thereto" shall read "a decision as is prescribed in Paragraph 2."
In Article 187, Paragraph 3, "in the event of disability" shall read "in the event of any hindrance or the post of the chairman being vacant."
In Article 189, Paragraph 3, "disability" shall read "hindrance."
In Article 192, "laws" shall read "the laws concerning, the officials of ordinary local public bodies."
In Article 193, after "the provisions of Art.153, Paragraph 1, Art.154 and Art.159 shall apply with necessary notifications to the Chairman of the electoral administration committee" "and the provision of Art.172, Par.4 shall apply with necessary modifications to the clerk who engages in the affairs concerning the committee" shall be added.
In Article 201, "and the provision of Article 172, Paragraph 4 shall apply with necessary modifications to the clerk who engages in the affairs of inspection commissioners" shall be added after "to the inspection Commissioner."
In Article 204, Paragraph 1 and Article 205 "Law" shall read "the Law concerning the Officials of Ordinary Local Public Bodies."
The following paragraph shall be added to Article 220:
In such a case where the national administrative organ uses the property or establishment of an ordinary local public body, the national treasury shall bear the rents;except the case where the consent of the assembly of the ordinary public body concerned has been obtained.
The following two paragraphs shall be added to Article 222:
The chief of an ordinary local public body may, according to the provisions of Cabinet Order, collect fees in respect to such affairs of the national government, other local public bodies, or other public bodies as fall within his powers.
The fees prescribed in the preceding paragraph shall be the income of the ordinary local public body concerned.
In Article 223, Paragraph 1, "fees" and "by-laws" shall read. "fees mentioned in the preceding Article, Paragraph 1" and "by-laws or regulations in respect to the matters concerning the fees contemplated in the same Article, Paragraph 2 except those specially prescribed in laws and Cabinet Orders," in the same Article, Paragraph 2 "fees" and "by-laws" shall read "fees mentioned in the preceding Article, Paragraph 1" and "by-laws or regulations in respect to the persons who have been exempted from the collection of the fees contemplated in the same Article, Paragraph 2," and in the same Article, Paragraph 3, "fees" and "by-laws" shall read "fees contemplated in the preceding Article, Paragraph 1" and "by-laws or regulations concerning the collection of the fees contemplated in the same Article, Paragraph 2."
The following paragraph shall be added to Article 226:
An ordinary local public body shall not need to obtain the permission of the competent authorities in respect to raising a local loan;provided, however, that the application of the provision of Article 260 shall exist.
The following paragraph shall be added to Article 228:
In respect to the necessary expenses for the chief of an ordinary local public body or the officials of the body as his auxiliary organs or the electoral administration committee to dispose of the affairs of the national government, other local public bodies or other public bodies, the local public body concerned shall defray the same, except those specially provided for by-law or cabinet order.
Article 229, Paragraph 1 shall be deleted, and in the same Article, Paragraph 2, "an ordinary local public body" and "chief" mentioned shall read "formerly under laws and ordinances and hereafter under laws and cabinet orders, an ordinary local public body" and "or its chief" respectively.
In Article 238. "the Minister for Home Affairs" shall read "the Prime Minister."
In Article 242, Paragraph 2, "in case of the metropolis, district or urban or rural prefecture, next ordinary estimates, in case of a city, town or village" shall be deleted, and in the same Article, Paragraph 3, "the Minister for Home Affairs" shall read "the Prime Minister."
The following three paragraphs shall be added to Article 243:
An ordinary local public body may not delegate its authority of collection of public money or disbursement thereof to any private bodies or natural persons or cause such bodies or persons to execute such authority or to participate in the issuance of licence of business and other similar certificates whatsoever or in the collection of public money relating to these licences or certificates;provided that it shall not prevent the collection of the taxes to be collected at sources or the taxes to be paid by the customers in accordance with the provisions of the law.
The representative of a private body (if there is no definite representative, the person who performs the office of the representative.) or a natural person who collects the taxes to which an ordinary local public body is entitled, in accordance with the provision of the proviso to the preceding paragraph, shall, in accordance with the regulations of the ordinary local public body concerned, make an accounting of the same and produce the statement of accounts with books and records in support of such accounting for examination to the chief accountant or the treasurer of the ordinary local public body cnocerned. The statement of accounts and the books and records in support of such accounting shall be signed with seal and certified by the proper official of the body or the natural person concerned under oath to be true and correct.
If the examination provided by the preceding paragraph discloses an illegal conversion of public money, the chief accountant or the treasurer must refer the matter without delay to the public prosecutor.
The following paragraph shall be added as Pragraph 1 of Article 244:
The chief of the ordinary local public body shall, in accordance with the provisions of by-law, make up, more than twice in each year, documents explaining matters relating to conditions of expenditure of the estimate, conditions of revenue, the present amount of property, public loans and the debt of temporary loans and other finance and shall make public notice of them to the inhabitants.
In Article 246, "its affairs" shall read "its affairs relating to finance."
Article 247. When there is any hindrance on the part of both the chief of an ordinary local public body and the vice-governor or the depty-mayor (including the proxy for the function of the chief of an ordinary local public body provided for in Article 152, Paragraph 2, and the same shall be applicable hereafter in this Article,) or when the posts of both the chief of an ordinary local public body and the vice-governor or the depty-mayor are vacant, the senior secretarial official, who has been decided by the regulation of the ordinary local public body concerned, except those to whom there is any hindrance, shall execute the function of the chief.
When there is any hindrance on the part of both the chief account and the assistant accountant or the treasurer and the assistant treasurer (including the proxy for the function of the treasurer provided for in Article 170, Paragraph 4, and the same shall be applicable hereafter in this Article) or when the posts of both the chief accountant and the assistant accountant or the treasurer and the assistant treasurer are vacant, the senior accountant who is decided by the regulation of the ordinary local public body concerned, except those to whom there is any hindrance, shall execute the function of the chief accountant or the treasurer.
In Article 249, "by the competent authorities upon obtaining the consent of the assembly of the ordinary local public body concerned" shall be revised as "by the example the allowances to the members of the electoral administration committee of the ordinary local public body concerned."
In Article 250, after "such loan," shall be added "for some time."
In Article 252, "those mentioned in the preceding Article" shall read "the by-laws mentioned in Article 3, Paragraph 3."
In Article 255, "Article 7, Paragraphs 1 to 3" shall read "Article 7, Paragraphs 1 and 2."
In Article 259, Paragraph 1, "the Minister for Home Affairs shall, upon calling for the opinions of the assembly of the metropolis, district or urban or rural prefecture concerned, determine the same" shall be revised as "the governor of the metropolis, district or urban or rural prefecture shall, upon the resolution adopted by the assembly of the metropolis or prefecture concerned, determine the same and shall file to that effect with the Prime Minister," and in the same Article, Paragraph 3, "shall be determined by the governor of a metropolis, district or urban or rural prefecture upon obtaining the permission of the Minister for Home Affairs" shall read "shall be effected in comformity to the provisions of Paragraph 1" and the following paragraph shall be added after the same paragraph:
In the cases contemplated in Paragraphs 1 to 3 inclusive, the Prime Minister shall forthwith give public notice thereof.
In the same Article, Paragraph 4, "the preceding three paragraphs" shall read "Paragraphs 1 to 3 inclusive."
In Article 260, Paragraph 1, "upon obtaining the permission of the governor of the metropolis, district or urban or rural prefecture, determine the same" shall be revised as "determine the same and shall file to that effect with the governor of the metropolis, district or urban or rural prefecture" and in the same Article, Paragraph 2, "a permission has been given in accordance with the provisions of the preceding paragraph" and "the Minister for Home Affairs" shall be revised as "a filing has been received in accordance with the provisions of the preceding paragraph" and "the Prime Minister" respectively.
In Article 261, "the Minister for Home Affairs" mentioned in Paragraphs 1, 2 and 4 shall read "the Prime Minister" ; "through the Prime Minister" mentioned in Paragraph 1 and the provision of Paragraph 5 shall be deleted respectively and "report the same to the Emperor" in Paragraph 6 shall be amended as "effect the proceedings of the promulgation of the said law."
"
Volume III. Exceptions Concerning Special Local Public Bodies and Local Public Bodies
Chapter I. Special Local Public Bodies
Section 1. Special Cities
" shall be revised as "
Volume III. Special Local Public Bodies
Chapter I. Special Cities
"
Article 264. A special city shall deal with its public affairs, such affairs as are charged with it by-laws or cabinet orders and such affairs as come under the metropolis, district or urban or rural prefecture or city formerly under laws and ordinances (except those specially prescribed by cabinet orders, and such other administrative affairs within its area as do not belong to State affairs.
In Article 265, Paragraph 3, "the Minister for Home Affairs" shall read "the Prime Minister," the latter clause of the fifth paragraph of the same Article shall be deleted, and the following paragraph shall be added to the same Article:
"The law prescribed in Paragraph 2 shall, in accordance with the provisions of Articles 261 and 262, be effected to hold the vote of pros and cons by electors of the metropolis, district or urban or rural prefecture concerned.
In Article 268, Paragraph 3, "the administrative affairs in the divisions" shall be deleted, and "State" shall be added before "as come under his powers" and "as come under the governor of the metropolis" respectively.
In Article 271, Paragraph 5, "in a case of the latter's disability" shall read "in a case of any hindrance on his part or the post of the head of a ward being vacant."
In Article 277, "Paragraphs 1 and 3" shall be added after "Article 91."
"Section II. Special Wards" shall be amended as "Chapter II. Special Wards"
In Article 281, Paragraph 2, "affairs belonging to a special ward" shall read "that which belongs to a special ward" and "such affairs belonging to the ward of the metropolis" shall read "that which belongs to the ward of the metropolis and such other administrative affairs within the area as do not belong to state affairs."
"Section III. Associations of Local Public Bodies" shall be amended as "Chapter III. Associations of Local Public Bodies"
"The Minister for Home Affairs" mentioned in Article 284, Paragraph 1, Article 286, Paragraph 1, and Article 288, Paragraph 1 shall read "the Prime MInister."
The latter clause of Article 289 shall be deleted.
In Article 293, "Article 288 and Article 289" mentioned shall be revised as "Article 288."
"Section IV. Property-Wards" shall be amended as "Chapter IV. Property-Wards"
Volume II. Chapter II. shall be deleted.
In the proviso of Article 1 and in Article 7, Paragraph 1 of Supplementary Provisions, " police station" shall be deleted, and the following paragraph shall be added to Article 1:
The Law Specially Provided concerning the Officials of Ordinary Local Public Bodies shall be enacted not later than April 1, 1948.
Supplementary Provision Article 6 shall be revised as follows:
In the proviso of Article 1 and in Article 7, Paragraph 1 of Supplementary Provisions, "police station" shall be deleted, and the following paragraph shall be added to Article 1:
"Specially provided in another Law" mentioned in Article 5 and Article 9 of Supplementary Provisions shall read "the Law Specially Provided concerning the Officials of Ordinary Local Public Bodies."