法令番号: 法律第179号
公布年月日: 昭和23年7月20日
法令の形式: 法律

審議経過

I hereby promulgate the Law concerning the Partial Amendments of the Local Autonomy Law.
Signed:HIROHITO, Seal of the Emperor
This twentieth day of the seventh month of the twenty-third year of Showa (July 20, 1948)
Prime Minister　ASHIDA Hitoshi
Law No.179
The Local Autonomy Law shall be partially amended as follows:
The following two paragraphs shall be added after Article 2, paragraph 2:
The affairs contemplated in the preceding paragraph are generally as follows;except in case where it has been provided for in laws or Cabinet Orders duly authorized by laws.
1.　To maintain local public order, protect and preserve the safety, health, and welfare of the inhabitants and visitors thereto;
2.　To establish and manage parks, playgrounds, open spaces, greens, roads, bridges, rivers, canals, reservoirs, irrigation and drainage waterways, and dykes and similar matters, and to regulate the rights to use them;
3.　To manage water plants and other water supplies, sewerage systems, electric plants, gas plants, street-car services, automobile services, vessels and other transportation systems, and other services;
4.　To establish and manage docks, moles, piers, wharves, warehouses, sheds and other establishments necessary for other maritime and land transportation and to regulate the rights to use them;
5.　To establish and manage schools, laboratories, experimental stations, libraries, art museums, goods exhibitions auditoriums, theaters, musical pavilions and other establishments relating to education, science, culture and promotion of industries, and to regulate the rights to use them;
6.　To establish and manage hospitals, isolated wards, sanatoriums, disinfecting stations, maternity hospitals, residences, hostels, dining-halls, baths, public latrines, pawn-shops, workhouses, public nurseries, asyla for the aged, almshouses, reformatories, jails, butcheries, dust-disposing stations, dirt-disposing stations, crematories, cemetries, and other establishments relating to health and sanitation and social welfare and to regulate the rights to use them;
7.　To clean, disinfect, beautify, and prevent noises or to restrain acts injurious to public morals and acts staining cleanliness and besides to deal with the matters relating to health and sanitation and refinement of public morals;
8.　To prevent crime, to prevent disasters, and to carry out relief and protection of victims of disasters and to deal with similar affairs;
9.　To relieve, protect and care for minors, the poor, the sick, the old and weak, widows, defective persons, vagrants, insane or inebriate persons and similar persons;
10.　To manage forests, meadows, land, markets, fishing watersurface, public workhouses and besides to undertake profit enterprises deemed to be necessary for the promotion of public welfare;
11.　To carry out hill-and-river-improvements, agricultural land development, adjustments of arable land, reclamations of land from public water surface, city-planning, improvements of districts under poor conditions and other improvements of land;
12.　To deal with affairs relating to fostering and promotion of inventions, improvements of special products and other increase and improvements in production;
13.　To protect and manage historic places, places of scenic beauty, and monuments;
14.　To investigate the matters necessary for disposition of affairs of an ordinary local public body and to make statistics of them;
15.　To deal with the affairs relating to official registers, identification and registering and other similar matters relating to the inhabitants, visitors thereto and other persons deemed necessary;
16.　To carry out inspection with respect to such matters as are relating to meters;various products, domestic animals;
17.　To establish limitations relating to structure of buildings, facilities, the area of yards, court density, open space districts, the areas on the basis of dwellings, trade, industry and other state of business of inhabitants in accordance with the determination of laws;
18.　To appropriate, enter upon and hold personal or real property for any public purpose in accordance with the determination of laws;
19.　To adjust and coordinate the activities of the public bodies and other similar bodies within the area of an ordinary local public body;
20.　To levy and collect local taxes, rents, fees, alloted charges, entrance fees, or statutory labor and actual articles in accordance with the determination of laws;
21.　To create and manage the permanent property, sinking funds and besides the reserve fund and grain and similar matters.
An ordinary local public body may not deal with such national affairs as those mentioned as follows:
1.　Affairs relating to all judical matters;
2.　Affairs relating to penal punishment and national disciplinary punishment;
3.　Affairs relating to national transportation and communication;
4.　Affairs relating to post;
5.　Affairs relating to national institutions of learning and research;
6.　Affairs relating to national hospitals and Sanatoriums;
7.　Affairs relating to national navigation, meteorological and hydrographic institutions;
8.　Affairs relating to national museums and libraries.
After paragraph 3 of the same Article the following two paragraphs shall be added:
A local public body shall not deal with its affairs as contravenes any laws or Cabinet Orders or Ministerial Regulations duly authorized by law and, furthermore, a city, town or village or a special ward shall not deal with its affairs as contravene any by-laws of the metropolis, district or urban or rural prefecture concerned.
The actions of a local public body which have contravened the provisions of the preceding paragraph are null and void.
In Article 12, paragraph 1, "by-laws" shall read"by-laws (except those relating to the levy and collection of local taxes, alloted charges, rents or fees.)
In Article 13, paragraph 2, "public safety commission of the city, town or village" shall read "public safety commission" .
In Article 74, paragraph 2, "by-laws" shall read "by-laws" (except those relating to the levy and collection of local taxes, alloted charges, rents or fees.)
In Article 86, paragraph 1, "the person who have the right to vote" shall read "the persons who have the right to vote (with respect to members of the public safety commission of a metropolis, district or urban or rural prefecture, the persons who have the right to vote within the area under the jurisdiction of the national rural police of the metropolis, district or urban or rural prefecture concerned)" and "the public safety commission of city, town or village" shall read public safety commission".
In Article 88, paragraph 2, "the public safety commission of the city, town or village" shall read "public safety commission" .
In Article 92, paragraph 2, "the ordinary local public body concerned" shall be deleted.
Article 96, paragraph 1 shall read as follows:
The assembly of an ordinary local public body shall resolve such matters as follows:
1.　The enactment of by-laws or the alteration of abolition thereof;
2.　The determination of the estimated annual revenue and expenditure;
3.　The approval of a report of the final accounts;
4.　Matters relating to the levy and collection of local taxes, rents, fees, alloted charges, entrance fees or statutory labor and actual articles, except those which are provided for in laws, or Cabinet Orders duly authorized by law;
5.　Matters relating to the refund of money paid for local taxes, rents, fees, alloted charges, entrance fees or statutory labor and actual articles unlawfully levied or collected, except those provided for in laws or Cabinet Orders duly authorized by law;
6.　Matters relating to the creation, management and disposal of the permanent property, sinking funds and besides the reserve fund and grain and similar matters;
7.　To take or dispose property eetermined by by-laws and to establish or dispose structures;
8.　To assume new duties, to take by charged gift, rant, bequest or devise and to waive rights, except those which are provided for in the estimated annual revenue and expenditure;
9.　To make contracts determined by by-laws;
10.　Matters relating to filing of objection, appeal, action, reconciliation, intermeditation, arbitration and settlement of which the ordinary local public body is the person concerned;
11.　To determine the amounts of compensation for damages which fall under its obligation by law;
12.　Matters relating to the adjustment and coordination of the activities of the public bodies within the area of an ordinary local public body;
13.　Any other matter falling under the jurisdiction of the assembly in accordance with laws or Cabinet Orders duly authorized by law.
After "the assembly-men" prescribed in Article 109, paragraph 2, "unless otherwise provided for by by-laws" shall be added.
After Article 110, paragraph 3, the following proviso shall be added:
Provided that it shall not be precluded from investigating and deliberating upon matters specially referred to by the resolution of the assembly even when the assembly is not in session.
In Article 121, "public safety commission of the city, town or village" shall read "a public safety commission" .
In Article 125, "public safety commission of toe city, town or village concerned" shall read its public safety commission".
In Article 141, paragraph 2, "the member of the assembly of the ordinary local public body concerned or the paid official of the local public body" "shall read" the member of the assembly or the paid official of a local public body".
In Article 176 the following three paragraphs shall be added as paragraphs 1 to 3:
In a case where an objection in respect of any resolution concerning the enactment of bylaws or the alteration or abolition thereof or the estimated annual revenue and expenditure in the assembly of an ordinary local public body is made, except for those specially provided for in this Law, the chief of the ordinary local public body concerned may return the assembly to reconsider the resolution by specifying the reasons therefor within ten days from the day of the resolution.
In a case where the resolution reconsidered is the same as the resolution of the assembly prescribed in the provisions of the preceding paragraph, such resolution shall become final. In this case the chief of an ordinary local public body shall forthwith notify the by-laws and take other necessary measures.
With respect to the resolution prescribed in the provisions of the preceding paragraph, the consent of two-thirds or more of the assemblymen present shall consent.
After "Article 172" mentioned in Articles 193 or 201, "paragraph 2 and" shall be added.
The following proviso shall be added after Article 195, paragraph 3:
Provided that, in case of city, it may bedetermined to be four by by-laws.
In Article 207, "and Article 109, paragraph 5" shall read "and Article 109, paragraph 5 and Article 217, paragraph 3" .
After Article 213 the following six paragraphs shall be added:
An ordinary local public body shall not, with respect to especially important prove ty or establishments determined by by-laws, take such measures as giving away any exclusive profits of the said property or establishments or grant exclusively rights for the use thereof extending over a period of ten years, unless an affirmative vote of a majority in the election of the electors of the ordinary local public body concerned has been obtained. It shall be the same, in a case where the consent of two-thirds or more of the assembly-men present cannot be obtained at the meeting of the assembly with respect to other property or establishments which shall be determined by by-laws.
The provisions of the preceding paragraph shall not apply to disposition or grant of rights to use with respect the national government or public bodies.
If, in a case where the vote contemplated in paragraph 2 shall be taken, a notice thereof by the chief of the ordinary local public body has been given, the election administration committee shall submit the same to the affirmative or negative vote of the electors within sixty days from such date.
In a case where the result of the vote contemplated in the preceding paragraph has become known, the election administration committee shall forthwith notify the same to the chief of the ordinary local public body concerned, and make public notice of the same.
Except for those which are specially provided for in Cabinet Order, the provisions of Chapter IV shall apply mutatis mutandis to the vote contemplated in accordance with the provisions of paragraph 4.
The vote of paragraph 4 may be held, in accordance with the determination of Cabinet Order at the same time as the elections of the ordinary local public body or the vote in respect of the dissolution in accordance with the provisions of Article 76, paragraph 3 or the vote in respect of the dismissal in accordance with Article 80, paragraph 5 and Article 81, paragraph 2.
The following two paragraphs shall be added after Article 217:
The by-laws levying an assessment shall not be enacted, or altered, unless the assembly of an ordinary local public body or the standing committee holds first a public hearing and hear the opinions of such persons as have really an interest in the matter or of such persons of special knowledge and experience.
In a case where a public hearing contemplated in the preceding paragraph is held, the date, place and agenda shall be given public notice by apropriate means twenty days before the date of the public hearing. In a case where public notice is given in the newspapers, public notice shall be given in similar manner every seven days from such date.
The following paragraph shall be added after Article 243, paragraph 1:
Among the resolutions of an ordinary local public body concerning the sale, lease or loan of property the contract of construction works or the supply of things, labor or the like, with respect to the important matters determined by by-laws, the consent of two-thirds or more of the assembly-men present shall be obtained.
Article 243-(2).　In case where the inhabitants of an ordinary local public body considers, that the chief of an ordinary local public body, the chief accountant or treasurer, or other officials concerned makes an unlawful expenditure or improper squandering of public funds of public property, or the misapplication of public funds provided for a specific purpose, or the creation of an illegal debtor other liability, or the unlawful misuse of public real or personnel property, or the execution or performance of an unlawful and ultra vires contract, may make a demand for the inspection commissioners, attaching the document proving the matter, to make inspection and to take measures concerning restraint, enjoining and prohibition of the action concerned.
In a case where a demand contemplated in the provisions of the preceding paragraph has been made, the inspection commissioners shall carry out inspection within twenty days and if it is considered that there is such matter as is concerned with the demand, the chief of an ordinary local public body to restrain, enjoin or prohibit the action concerned in a case where it is considered that there is no matter as is concerned with the demand, notify the matter to the person who has made the demand contemplated in accordance with the provisions of paragraph 1.
In a case where a demand of the inspection commissioners contemplated in the provisions of the preceding paragraph has been made, the chief of an ordinary local public body shall take forthwith such measures as may be necessary and at the same time notify the matter to the inspection commissioners and the person who made the demand contemplated in accordance with the provisions of paragraph 1.
In a case where the person who has made the demand is dissatisfied with the disposition of the inspection commissioners or the chief of an ordinary local pubilc body in accordance with the provisions of the preceding two paragraphs or they have not taken such measures, the person who has made the demand contemplated in the provisions of paragraph 1 may, according as it may be provided for by the Supreme Court, ask Court for a trial concerning the enjoining, prohibition, revocation or invalidity of the unlawful or ultra vires action concerned of an official or the officials concerned or the compensation of damages by the ordinary local public body concerned accompanied such enjoining, prohibition, revocation or invalidity.
In the city, town or village having no inspection commissioner, the demand contemplated in accordance with the provisions of paragraph 1 shall be made to the mayor or headman of town or village and the duties of the inspection commissioners and of the chief of an ordinary local public body contemplated in the provisions of paragraphs 2 and 3 shall be executed by the mayor or headman of town or village himself.
The following three paragraphs shall be added after Article 247, paragraph 1:
In a case where there is no personnel who is qualified to perform the duties of the chief of the ordinary local public body in accordance with the provisions of the preceding paragraph, the Prime Minster, with respect to the governor of a metropolis, district or urban or rural prefecture, and the governor of a metropolis, district or urban or rural prefecture, with respect to the mayor or headman of town or village may select from among persons who are qualified for the eligibility of the chief of the ordinary local public body and residing in the area of the ordinary local public body concerned, a provisional representative and cause him to perform the duties of the chief of the ordinary local public body concerned.
The provisional representative shall perform all of such functions as fall under the powers of the chief of the ordinary local public body until the time when the chief of the ordinary local public body concerned is elected and assumes office.
Any official of the ordinary local public body concerned who is selected or appointed by the provisional representative shall vacate his office, when the chief of the ordinary local public body concerned is elected and takes office.
In Article 262, paragraph 2 after "and Article 81, paragraph 2" shall be added "of the vote prescribed in the provisions of Article 213, paragraph 4" .
Article 263-(2).　An ordinary local public body may, upon the resolution adopted by its assembly, by entrusting to national juristic person for the public welfare representing the benefit thereof, in cooperation with other ordinary local public body, undertake a mutual relief assistance enterprise against damages to public property or public institutions due to fire, floods, earthquake-disasters or other disasters.
The juristic person for the public welfare prescribed in the preceding paragraph shall, periodically at least once every year, inform of the management conditions of the enterprise to the chief of the ordinary local public body concerned and at the same time publish it in appropriate newspaper at least twice a year.
The chief of the ordinary local public body concerned shall forthwith make it public upon receipt of the information prescribed in the preceding paragraph.
The Insurance Enterprise Law shall not apply to those among the mutual relief assistance enterprises prescribed in paragraph 1 corresponding with the insurance enterprise.
The following paragraph shall be added after Article 264:
The provisions contemplated in Article 2, paragraphs 3 and 4 shall apply mutatis mutandis to the affairs contemplated in the preceding paragraph.
The following paragraph shall be added after Article 281:
The provisions contemplated in Article 2, paragraphs 3 and 4 shall apply mutatis mutandis to the affairs contemplated in the preceding paragraph.
Supplementary Provisions:
Article 1.　The present Law shall come into force as from August 1, 1948.
With respect to any chief, assistant-governor or assistant mayor, chief treasurer, or assistant treasurer, chief accountant or other paid official of a local public body who is a member of assembly of a local public body other than the said local public body at the time of the enforcement of this Law, so long as he is actually in office of any of the above, the amended provisions of Article 92, paragraph 2 and Article 141, paragraph 2 of the Local Autonomy Law shall not apply. The same shall apply with respect to such person if any who has obtained votes in accordance with the provisions of Article 55, paragraph 2 and Article 65, paragraph 11 of this Law at the time of the enforcement of the said Law.
Article 2.　In a case where the alterations of the areas of a city, town or village has been made during the period from July 7, 1937 to September 2, 1945 inclusive, the inhabitants of the area relating to such alterations may, notwithstanding the provisions of Article 7, reestablish the city, town or village in the former area of the city, town or village, or alter the boundaries of the city, town or village in accordance with the former area of the city, town or village in accordance with the provisions of this Article.
The disposition contemplated in the preceding paragraph, shall be demanded of the election administration committee of the city, town or village by the representative under the joint signature of the persons as come to one-third or more of the registered electors among the inhabitants of the area relating to such alterations in accordance with the provisions of Cabinet Order.
In a case where the demand contemplated in the preceding paragraph is made, the election administration committee shall put it to the vote of the electors of the city, town or village to which the area concerned formerly belonged, within thirty days from the day on which such demand has been accepted.
In a cause where the area contemplated in the provisions of Paragraph 2 has belonged to other city, town or village which presently exist, the affairs concerning the vote contemplated in the preceding paragraph shall, notwithstanding the provisions of the same paragraph, be managed by the election administration committee of that city, town or village. In this case, necessary matters shall be provided for in Cabinet Order.
In a case where a majority of the valid votes has consented in the voting contemplated in paragraph 3, the governor of a metropolis, district or urban or rural prefecture shall, on the besis of the report of the committee, determine the creation, dissolution, division or union of a city, town or village or the alteration of the boundary thereof upon the resolution adopted by the assembly and shall notify the Prime Minister to that effect.
In a case contemplated in the preceding paragraph, if there is property for which disposition has been taken in consequence of the alterations of the areas of a city, town or village contemplated in paragraph 1, the existing city, town or village shall retrocede the property, within limit of its actualaexistence, to the city, town or village, to which the area reltaing to its alterations has formerly belonged, upon obtaining the resolution adopted by the assembly.
Any city, town or village which is dissatisfied with the disposal of the property contemplated in the preceding paragraph, may bring an action to the court.
In a case where the report contemplated in the provisions of paragraph 5 is received, the Prime Minister shall forthwith give public notice thereof.
Unless otherwise provided for in Cabinet Orders duly authorized by laws, the provisions of Volume II, Chapter IV shall apply mutatis mutandis to the vote contemplated in the provisions of paragraph 3.
The demand contemplated in paragraph 2 may be exercised only within two years after the enforcement of this Law.
Article 3.　Unless otherwise provided for in laws or Cabinet Orders duly authorized by laws, those permissions for use of properties or establishments of a local public body which has been given at the time of the enforcement of this Law, which fall under the monopolistic use provided for in by-law based on the provisions of Article 213, paragraph 2 of the Local Autonomy Law, shall be null and void after the elapse of ten years from the day of the enforcement of this Law, unless necessary consent is obtained within ten years after the enforcement of this Law, through the procedures respectively provided for in the same Article subsequent to amendment.
Article 4.　A part of the Police Law shall be amended as follows:
Article 24, paragraph 2 shall be deleted.
In Article 44, "Article 24, paragraphs 1, 3 to 5 inclusive" shall read "Article 24" and in the proviso to the same Article, "Article 24, paragraph 5" shall read "Article 24, paragraph 4" .
Article 5.　The necessary matter concerning the enforcement of this Law shall be determined by Cabinet Orders duly authorized by laws.
Prime Minister　ASHIDA Hitoshi