Article 1. The welfare commissioners (Minsei-iin) shall be engaged in the work of protection and guidance with the spirit of serving the community, and shall endeavour to promote the social welfare.
Article 2. The welfare commissioners shall endeavour at all times to cultivate their personality and outlook, and to acquire knowledge and technique necessary for the execution of their duties.
Article 3. The welfare commissioners shall be established in the area of the city (including the special ward;and the same shall apply hereinafter), town or village.
Article 4. The quorum of the welfare commissioners shall be determined by the prefectural governor for each area as provided for in the preceding Article, in accordance with the standards fixed by the Minister of Welfare, and after securing the opinion of the mayor of the city, and to the headman of the town or village (including the headman of the special ward;and the same shall apply hereinafter) who has jurisdiction over the area.
Article 5. The welfare commissioners shall be commissioned by the Minister of Welfare, upon recommendation of the prefectural governor.
As provided for in the preceding paragraph the prefectural governor shall recommend those persons whose names were submitted by the Welfare Commissoner Nomination Conference (Minsei-iin Suisen Kai) established in each city, town and village, after the opinion of the Welfare Commissioner Screening Conference (Minsei-iin Shinsa Kai) established in each prefecture has been secured.
Article 6. In nominating candidates for welfare commissioners, the Welfare Commissioner Nomination Conference shall choose the persons, from among those who have the right to vote for the members of the assembly of the city, town or village (including the assembly of the special ward;and the same shall apply hereinafter), who have good personality and outlook, wide knowledge of the circumstances of the community, who are earnestly interested in the promotion of social welfare, and are also suitable to be the child welfare workers under the Child Welfare Law (Law No.164 of 1947).
Article 7. The prefectural governor, when he recognizes that a candidate nominated by the Welfare Commissioner Nomination Conference is not suitable to be a welfare commissioner, may order the conference to submit a new nomination, after he has secured the opinion of the Welfare Commissioner Screening Conference.
In the cases of the preceding paragraph, if the Welfare Commissioner Nomination Conference does not submit a new nomination within twenty days of the order, the prefectural governor may, after securing the opinion of the mayor of the city, the headman of the town or village concerned and the opinion of the Welfare Commissioner Screening Conference, choose a person whom he recognizes as suitable to be a welfare commissioner, and recommend him to the Minister of Welfare.
Article 8. The Welfare Commissioner Nomination Conference shall be composed of a chairman and several members.
The members of the conference shall be commissioned by the mayor of the city, the headman of the town or village, from among those who are members of the assembly of the city, town or village, those who are concerned in the operation of social work, or those who are men of learning and experience, after the mayor and headman has secured the opinion of the assembly of the city, town or village;provided that the number of the members of the conference to be commissioned from among the members of the assembly shall be less than one-fourth of the total number of the members of the conference.
The members of the conference shall be those who have the right to vote for the members of the assembly of the city, town or village.
The chairman shall be elected from among the members of the conference by mutual vote.
Besides those provided for in the four preceding paragraphs, necessary matters concerning the Welfare Commissioner Nomination Conference, such as the term of office of the chairman and the members, the duties of the chairman, etc. shall be fixed by Cabinet Order.
Article 9. The Welfare Commissioner Screening Conference shall be composed of a chairman and members not exceeding nine persons.
The prefectural governor shall commission the members from among those who are members of the prefectural assembly, those who are concerned in the operation of social work or in child labour, or those who are men of learning and experience;provided that the number of the members to be commissioned from among the assemblymen shall be three persons or less.
The members of the conference shall be those who have the right to vote for the members of the prefectural assembly.
The chairman shall be elected from among the members of the conference by mutual vote.
Besides those provided for in the four preceding paragraphs necessary matters concerning the Welfare Commissioner Screening Conference, such as the term of office of the chairman and the members, the duties of the chairman, etc. shall be fixed by Cabinet Order.
Article 10. The post of welfare commissioners shall be honorary and their tenure of office shall be three years.
Article 11. In case a welfare commissioner falls under any one of the items listed below, the Minister of Welfare, on advice from the prefectural governor, may dismiss him, in spite of the provisions in the preceding Article:
1. When there is hindrance for the execution of his duties, or when he is unable to execute his duties;
2. When he neglects his duties, or when he violates his obligation to his post;
3. When he commits a bad conduct not befitting the welfare commissioner.
The prefectural governor shall obtain concurrence of the Welfare Commissioner Screening Conference in submitting the advice as provided for in the preceding paragraph.
Article 12. In the case as provided for in Par.2 of the preceding Article, the Welfare Commissioner Screening Conference shall give notice to the individual beforehand that a further screening will be conducted.
The welfare commissioner who has received the notice in the preceding paragraph may state his opinion to the Welfare Commissioner Screening Conference within two weeks after the date on which he received the notice.
When the opinion is stated under the provisions of the preceding paragraph, the Welfare Commissioner Screening Conference shall listen to the opinion stated prior to screening.
Article 13. The welfare commissioners shall execute their duties by areas or by specific matters fixed within the areas of the city, town or village.
Article 14. The duties of the welfare commissioners shall be as follows:
1. To conduct investigations at all times and to be fully familiar with the condition of living;
2. To give proper protection and guidance to those who need protection;
3. To keep close contact with social institutions and to aid the functions thereof.
The welfare commissioners shall, in addition to the duties provided for in the preceding paragraph, give guidance for living if necessary.
Article 15. The welfare commissioners, in executing their duties, shall respect the personality of the individuals, keep their private matters secret, deal out no discriminatory or preferential treatment to persons because of the difference in race, creed, sex, social status or family history, and shall be rational in handling cases with due consideration to actual circumstances.
Article 16. The welfare commissioners shall not take advantage of their official position for political parties or for political purposes.
The welfare commissioner who violated the provisions of the preceding paragraph shall be dismissed under the provisions of Arts.11 and 12.
Article 17. The welfare commissioners shall be under the command and supervision of the prefectural governor concerning their duties.
The mayor of the city, the headman of the town or village may order the welfare commissioners to prepare necessary data on persons requiring protection, and, in addition, he may give necessary directions to the welfare commissioners concerning their duties.
Article 18. The prefectural governor shall, in accordance with-the stipulations of the Minister of Welfare, set up plans for leadership and training of welfare commissioners and put such plans into operation.
Article 19. The prefecture shall have officials who will engage in the leadership and training of the welfare commissioners.
The officials provided for in the preceding paragraph shall be appointed from among those who have learning or experience in social work.
Necessary matters concerning the officials provided for in the first paragraph shall be fixed by Cabinet Order.
Article 20. The welfare commissioners shall organize a Welfare Commissioner Council (Minsei-iin Kyogi Kai) in each area which the prefectural governor shall decide after securing the opinion of the mayor of the city, and the headman of the town or village.
In deciding the areas in which the Welfare Commissioner Councils will be organized, as provided for in the preceding paragraph, the city area shall be divided into several areas, while the entire town or village shall be one area, except where any special circumstances exists.
Article 21. In each Welfare Commissioner Council shall have one standing commissioner (Jomu-iin).
The standing commissioner shall be elected by mutual vote from among the welfare commissioners who compose the Welfare Commissioner Council.
The tenure of office of the standing commissioner shall be one year, provided that he may be re-elected.
The standing commissioner shall manage the standing business of the Welfare Commissioner Council, shall be the representative of the council and shall be the chairman of the conference.
Besides those provided for in the preceding four paragraphs, necessary matters concerning the standing commissioner shall be fixed by Cabinet Order.
The standing commissioners shall organize a Standing Commissioner Council (Jomu-iin Kyogi Kai), in accordance with the stipulations fixed by Cabinet Order.
Article 22. The prefectural governor may, if he thinks it necessary to do so, cause the mayor of the city, and the headman of the town or village concerned (the headman of the ward in the cities of Kyoto, Osaka, Yokohama, Kobe and Nagoya, and the same shall apply hereinafter) or other suitable persons to join the organization of the Welfare Commissioner Council.
The mayor of the city, and the headman of the town or village concerned or a person so authorized by the mayor or the headman shall attend the Welfare Commissioner Council and state his opinion.
Article 23. The Welfare Commissioner Council shall meet more than once each month.
Article 24. The duties of the Welfare Commissioner Council shall be as follows:
1. To fix the areas or the specific matters to be assigned to the welfare commissioners;
2. To coordinate and control the duties of the welfare commissioners;
3. To collect necessary data or informations;
4. To cause the welfare commissioners to encourage one another and to make studies and cultivate themselves concerning their duties;
5. To deal with any other matters necessary for the execution of duties by the welfare commissioners.
The Welfare Commissioner Council may submit to the various governmental authorities concerned such opinions as considered necessary concerning the execution of duties of the welfare commissioners.
Article 25. The city designated by the Minister of Welfare shall establish a Welfare Commissioner Office, under the provisions fixed by Cabinet Order, in each area of the Welfare Commissioner Council, in order to provide facilities for the disposition of business of the Welfare Commissioner Council and for those who need protection.
Full-time, specialized officials shall be placed in the Welfare Commissioner Office provided for in the preceding paragraph.
The provisions of Pars.2 and 3 of Art.19 shall apply with necessary modifications to the officials provided for in the preceding paragraph.
Article 26. The expenses for the welfare commissioners, the Welfare Commissioner Nomination Conference, the Welfare Commissioner Screening Conference, the Welfare Commissioner Council and the Standing Commissioner Council, and for leadership and training of the welfare commissioners shall be borne by the prefecture.
Article 27. The expenses for the Welfare Commissioner Office, as provided for in Art.25, shall be borne by the city.
Article 28. The National Treasury shall, under the qualifications and standards fixed by the Minister of Welfare, grant one half of the expenses for the following items:
1. The expenses borne by the prefecture under the provisions of Art.26.
2. The expenses borne by the city under the provisions of Art.27.
Article 29. The prefecture shall, under the qualifications and standards fixed by the Minister of Welfare, grant one-fourth of the expenses borne by the city under the provisions of Art.27.