A part of the National Public Service Law (Law No.120 of 1947) shall be amended as follows:
Except where otherwise specified in this Law, "National Personnel Commission" shall read "National Personnel Authority" , "Chairman of the National Personnel Commission" shall read "President of the National Personnel Authority" , "Commissioners of the National Personnel Commission" shall read "Commissioners of the National Personnel Authority" , "Secretariat" (Jimukyoku) shall read "Secretariat" (Jimusokyoku), "Executive Director" shall read "Director-General" , "rules of the National Personnel Commission" shall read "rules of the National Personnel Authority" , and "Prime Minister" shall read "Cabinet" . However, the "Secretariat" (Jimukyoku), "Executive Director" and "Prime Minister" in Article 2 of the Supplementary Provisions of the National Public Service Law shall remain unchanged.
(Object and Effect of this Law)
Article 1. The object of this Law is to assure the people democratic and efficient administration of their public affairs by establishing basic standards (including adequate measures to promote the welfare and interest of personnel) which shall be applicable to all personnel who are national public employees and by providing that personnel shall be so selected and directed by democratic practices as to promote maximum efficiency in the performance of public duties.
This Law shall solely establish the standards for administration of the civil service referred to in Article 73 of the Constitution of Japan.
No person shall willfully violate or attempt or conspire to violate this Law or the rules or directives of the National Personnel Authority. Further, no person shall willfully commit or attempt to commit any fraud incident to the administration of or obstruct the enforcement of this Law or the rules or directives of the National Personnel Authority.
If any provision of this Law loses its effect or the application thereof is held invalid, the remainder of this Law or other applications of such provision shall not be affected.
Insofar as they are inconsistent or in conflict with prior laws or implementations thereunder, the provisions of this Law shall take precedence.
(Regular and Special Service)
Article 2. The national public service shall be divided into the regular service and the special service.
The regular service shall be comprised of all positions of the national public service other than those in the special service.
The special service shall be comprised of positions of personnel listed below:
3. Commissioners of the National Personnel Authority and Auditors of the Board of Audit
4. Director-General of the Cabinet Secretariat
5. Deputy Director-General of the Cabinet Secretariat
6. Parliamentary Vice-Ministers
7. Director of the Central Liaison and Coordination Office
8. Confidential Secretaries to the Prime Minister (not exceeding three in number) and other Confidential Secretaries (one for each Minister of State or head of agency included in the special service)
9. Persons who hold positions, the occupancy of which requires an election, or the appointment to which requires a resolution or consent of one or both Houses of the Diet
10. Director of the Imperial Household Office, Grand Chamberlain, Chamberlains, and other personnel of the Imperial Household Office as designated by law or rules of the National Personnel Authority
11. Ambassadors and Ministers
12. Judges, confidential Secretary to the Chief Justice of the Supreme Court (one person), and confidential Secretaries to Associate Justices (one person to each Justice).
The provisions of this Law shall apply to all positions in the regular service (hereinafter these positions will be referred to as government positions and persons holding positions therein as personnel). The National Personnel Authority shall have authority to determine whether positions are in the national public service or not, and, within the provisions of this Article, to determine whether positions are in the regular service or the special service.
The provisions of this Law shall not apply to positions in the special service unless specifically provided by an amendment to this Law.
The Government shall not pay salary, wage, or other compensation for services to personnel other than in the regular service or the special service.
The provision of the preceding paragraph shall not apply to contracts between the National Government or an organ thereof, and foreign nationals for personal services on an individual basis.
(Installation)
Article 3. In order to ensure the through-going enforcement of this Law and attain its objectives, the National Personnel Authority is created and charged with responsibility for enforcement of this Law.
In administering the national public service the Authority shall be set up under the jurisdiction of the Cabinet. The Authority shall report to the Prime Minister under the standards provided in this Law.
Subject to this Law the Authority shall develop, coordinate, integrate, and order policies, standards, procedures, rules and programs and recommend legislative and other necessary action for personnel with respect to the following matters:
1. Position classification, compensation, dual compensation, pay plan, examination, qualifications, recruitment, employment eligible lists, certification of eligibles, appointment, conditional period, temporary appointment, part-time employment, dual employment, oath of office, promotion, demotion, transfer, reinstatement, reassignment, retirement, pension, dismissal, reduction in force, evaluation of work performance, the definition of terms of personnel administration and related matters.
2. Hours of work, leave of absence, temporary retirement, health, safety, recreation, education and training, welfare, personal conduct, political activity, exclusion from private enterprise, preservation of secrecy, discipline, separation, equitable treatment, status, guarantee, employee application for administrative action, grievance procedure, compensation for illness and injury while on official duty, and investigation, research, and inspection regarding governmental personnel administration and related matters.
3. Personnel records and statistics, control and audit of payrolls to ascertain whether or not the payment of compensation is made in conformity with this Law and rules and directives of the Authority.
4. Administration of the National Personnel Council.
5. Other matters placed under its jurisdiction on the basis of law.
Within the sphere in which the Authority is empowered to act by this Law, the decisions and actions of the Authority shall be subject to review only by the Authority under its own procedures.
The provision of the preceding paragraph shall not in any way affect the right of access to the courts on questions of Law.
(Personnel)
Article 4. The Authority shall be composed of three Commissioners.
One of the Commissioners shall be designated and appointed as President.
The Authority shall appoint a Director-General and such other personnel as it may deem necessary to properly and adequately conduct its business within the limitations of its budget.
The Authority shall control its own internal operating organizational structure, and the provisions of the National Government Organization Law (Law No.120 of 1948) shall not apply to the Authority.
In Article 5, Paragraph 5, "one year" shall read "five years" , and "an officer of a politica party" shall read "an officer, political adviser, or other similarly politically influential member of a political party" ;and in Paragraph 6. "of the same professional subdivision" and "or high school (in universities where there is no professional subdivision, graduates of the same department)" shall be deleted.
In Article 7, Paragraph 3, the proviso shall be deleted.
In Article 8, the text of paragraph 1 shall be revised as follows:
A Commissioner shall not be removed from office against his will except under one of the following specifications:
In Paragraph 1 of the same Article, "The Prime Minister" in Item 2 shall read the "Diet" and in Paragraph 1 of the same Article, Item 3 shall read as follows and the proviso in Paragraph 3 and Paragraph 6 shall be deleted.
3. When he has completed his term of office and has not been reappointed, or when he has been continuously in office as a Commissioner for 12 years.
In Article 9, "The Prime Minister" appearing in Paragraphs 2 to 4 shall read "The Diet" .
(Salary)
Article 10. A Commissioner shall be compensated on the same basis as a Minister of State and no Commissioner shall be paid by the Government, less in total compensation than is paid in total compensation to any Minister of State.
In Article 11, in Paragraph 2, "affairs of the Commission" shall read "affairs of the Authority" .
(Meetings of the Authority)
Article 12. Regular meetings of the Authority shall, as a rule, be held at least once a week at a fixed place, as provided by rules of the Authority.
Proceedings at the meeting of the Authority shall be recorded in its minutes.
The minutes specified in the preceding paragraph shall be prepared by the Executive Secretary.
Necessary determinations concerning the proceedings of the Authority shall be provided by rules of the Authority.
The Director-General of the Authority shall be present at the meetings of the Authority as Executive Secretary.
When exercising the powers enumerated below, the Authority shall require a resolution of the Authority:
1. The enactment, amendment, or revocation of rules of the Authority;
2. Disbursements from the emergency operating fund as specified in Article 13;
3. Recommendations to the head of the appropriate agency of government as specified in Article 22;
4. Submitting opinions of the Authority to the Diet and the Cabinet as specified in Article 23;
5. Report to the Diet and the Cabinet as specified in Article 24;
6. Recommendation to the Diet and the Cabinet under Article 28;
7. Drafting of a position classification plan as specified in Article 29;
8. Determination of standards for evaluation and designation of an evaluating body as specified in Article 36 (including cases to be correspondingly applied under Article 37);
9. Designation of examining bodies as specified in Article 48;
10. Approval of temporary employment and its renewal, restriction of number of personnel for temporary employment and determination of their requisite qualifications, and cancellation of temporary employment as specified in Article 60 (except as provided by rules of the Authority);
11. Drafting of a pay plan as specified in Article 63;
12. Preparation of revisions of the pay plan as specified in Article 67;
13. Recommendations to the head of an appropriate agency of government, and drafting plans concerning commendation or corrective methods as specified in Article 72 (except as provided by rules of the Authority);
14. Evaluation of a case as specified in Article 87;
15. Evaluation of an action as specified in Article 92;
16. Drafting of important matters concerning compensation as specified in Article 95;
17. Evaluation of a protest as specified in Article 103;
18. Drafting of important matters concerning pension as specified in Article 108;
19. Other matters which, by a resolution of the Authority, require a resolution of the Authority.
(Secretariat and Budget of the Authority)
Article 13. The Authority shall have a Secretariat, and legal counsel under its jurisdiction.
The organization of the Secretariat and necessary determinations concerning legal counsel shall be provided by rules of the Authority.
The Authority shall, prior to the beginning of each fiscal year, present to the Cabinet for inclusion in the national budget, a request for its necessary expenses for the ensuing fiscal year. Such requests shall cover purchase of land, construction of buildings, rental of offices, purchase of furniture, equipment, supplies, payments of salaries and wages, together with expenses for all other services and things necessary for the complete administration of this Law.
An emergency operating fund shall be provided among the expenditures mentioned in the preceding paragraph until March 31, 1952. The emergency operating fund shall be under the control of the President. Disbursement from the emergency operating fund shall require a resolution of the Authority.
In the event the Cabinet desires to revise the request of the Authority for expenses so presented, the request of the Authority and the request as revised by the Cabinet shall be presented to the Diet.
The Authority may establish local offices as it deems necessary with the approval of the Diet.
(Director-General)
Article 14. The Director-General shall be the executive assistant to the President. Subject to general supervision of the President, the Director-General shall direct and supervise all administrative and technical activities of the Authority;plan programs to achieve the objectives of this Law, plan, recruit, assign and direct staff of the Authority;and do such other proper and legal acts as may be necessary to achieve the objectives of this Law. He shall act as the Executive Secretary of the meetings of the Authority and Chairman of the National Personnel Council.
Except for family allowances and overtime allowances as provided by law, the Director-General shall be compensated on the same basis as a Vice-Minister and the total compensation paid to the Director-General shall be not less than that of any Vice-Minister.
(Prohibition of Personnel of the Authority from Holding Concurrent Positions)
Article 15. No commissioner or Director-General shall hold concurrently any other government position.
(Rules and Directives of the Authority)
Article 16. The Authority shall make rules, issue directives and establish procedures concerning matters necessary for the execution of this Law. The Authority may revise or revoke its rules from time to time at its discretion.
Rules and revision or revocation of the rules of the Authority shall be published in the Official Gazette.
The Authority is authorized to issue directives to implement a rule or take other action under this Law.
(Control of Payment of Compensation)
Article 18. The Authority shall control the payment of compensation to personnel of the service.
No compensation shall be paid to personnel of the service contrary to the rules or directives of the Authority.
In Article 19, Paragraph 4, "prescribed in Paragraph 2" shall read "prepared and maintained by the Prime Minister's Office or any ministry or agency of the government."
In Article 21, "unimportant functions" shall read "certain of these functions as prescribed by rules of the Authority" .
In Article 22, Paragraph 2, "and transfer of personnel" shall read "transfer of personnel and matters relating to labor utilization."
(Advice on Enactment, Amendment or Revocation of Laws and Orders)
Article 23. If, for the realization of the objectives of this Law, the Authority has opinions concerning the enactment or amendment or revocation of laws and orders, it shall submit them to the Diet and to the Cabinet simultaneously.
In Article 24, Paragraph 1 shall be revised as follows:
The Authority shall make an annual report to the Diet and the Cabinet on the state of its activities.
In Article 27, "social status or family origin" shall read "social status, family origin, or political opinions or affiliations except as provided in Item 5 of Article 38."
(Principle of Meeting Changing Conditions)
Article 28. The standards concerning compensation, hours of work and other working conditions to be established under this Law may at any time be revised by the Diet to bring them into accord with general conditions of society. It shall be the duty of the Authority to recommend such changes.
The Authority shall report to the Diet and the Cabinet simultaneously on the propriety of salary and wage schedules not less than once each year. If factors entering into wage determination suggest a wage revision of such schedules by 5% or more either upward or downward, such report thereon shall be made to the Diet and the Cabinet with appropriate recommendations by the Authority.
In Article 29, Paragraph 2, "classified by classes determined according to the kinds of duties" shall read "classified according to the kind of duties" and "grades according to" shall be deleted;in Paragraph 3, "in the same grade and class" shall read "in the same class having the same employment conditions" ;in Paragraph 4, "before the enforcement of this Law" shall be deleted;and the following paragraph shall be added:
The classification of duties as provided by Article 14 of the Law Administering the New Pay of Government Employees (Law No.46 of 1948) shall be construed as being the plan referred to in this Article and other Articles and meeting the requirements of this Law and shall remain in effect until modifications are recommended by the Authority and enacted by the Diet.
In Article 30, Paragraph 1 shall be revised as follows:
The position classification plan shall be gradually enforced, commencing first with things which can be put into effect.
In Article 31, Paragraph 1, "In the event of enforcing the position classification plan" shall read "In effectuating the position classification plan" and "positions and grades" shall read "classes" .
(Prohibition of Classification of Government Positions by other than the Position Classification Plan)
Article 32. In regard to all government positions in the regular service, no classification shall be made by other than the position classification plan.
(Basis Standard for Appointment and Dismissal)
Article 33. Appointment of a person in the service shall, as determined by this Law and the rules of the Authority, be made entirely on the basis of the result of his examination and the merit of his performance of duties or other demonstrated abilities.
The Authority shall at its discretion determine whether an examination shall be an original entrance examination, a promotional examination, or both.
Dismissal of a person in the service shall be for cause as provided by law.
Except as prescribed in this Law, determinations necessary for enforcing the basic standard mentioned in the preceding three paragraphs shall be provided by rules of the Authority.
(Definition of Terms)
Article 34. The Authority by rule shall define, amplify and authorize the use of terms as it deems necessary in administering this Law.
In Article 36, Paragraph 1, "a grade or grades of a class or classes of positions" shall read "government positions" , and Paragraph 3 of the same Article shall be deleted.
In Article 37, Paragraph 1 shall be revised as follows:
Promotion of personnel shall be by competitive examination (to be hereinafter referred to as examination) among incumbents of government positions of lower levels than that of the government position under consideration. However, the Authority may at its discretion restrict the scope of persons to be examined when it is deemed necessary.
In Article 38, Item 4, "Article 109, Item 3 of Article 110," shall read "Articles 109 to 111 inclusive" .
In Article 42, "by grade or grades of a class or classes of positions" shall be deleted.
In Article 44, "a grade or grades of a class or classes of positions" shall read "government positions."
In Article 45, "and shall be practical in character" shall be deleted.
In Article 47, Paragraph 2, "grade and class of positions" shall read "government positions" ; "the subjects of examination and the individual weights thereof" shall be deleted;in Paragraph 3 of this Article "in order that the matter may unfailingly become known" shall read "in order that the matter may become widely known" and the following paragraph shall be added to this article:
Examinations announced or in process may be cancelled or revised by the Authority.
In Article 50, "by grade and class of positions" shall be deleted.
In Article 51, "in the grade and class" shall be deleted.
In Article 52, "in the grade and class" shall be deleted.
In Article 54, ", either in whole or in part," shall read "those" .
(Appointing Officer)
Article 55. Except as specifically prescribed by law, the appointing power shall be vested with the Cabinet, each Minister (this refers to the Prime Minister, the Attorney-General and Ministers of each Ministry to be thus referred to hereinafter), the President of the Board of Audit, the President of the National Personnel Authority and the heads of each independent organization. The appointing power held by the head of these organs shall be restricted to government positions within their organizational structure, while the appointing power of the Cabinet shall be restricted to government positions within the organizations directly attached to it. However, the authority to appoint heads of independent organizations shall be vested with each Minister.
The appointing officer who is the head of an administrative agency as prescribed in the preceding paragraph may delegate such appointing power only to high-ranking personnel within such agency. All such delegations shall be certified to the Authority in writing in advance of the effective date.
No person shall be appointed, employed, promoted or transferred or assigned to any government position who has not met the requirements provided in this Law, rules and directives of the National Personnel Authority.
In Article 56, the following proviso shall be added:
However, prior to July 1, 1951, the Authority by resolution may restrict the choice to the top four names or fewer as applied to any government position.
(Conditional Period of Appointment)
Article 59. The initial appointment or promotion of personnel to all government positions in the regular service shall be considered conditional and shall become regular only after the appointee shall have served in the government position concerned a period of not less than six months during which he shall have performed satisfactorily the duties of that position.
Necessary determinations concerning conditional initial appointment or the need for a conditional period of initial appointment in excess of six months shall be provided by the rules of the Authority.
In Article 60, Paragraph 2, "by grade and class of positions" shall be deleted;in Paragraph 3, "or rules of the Authority" shall be added after "the provisions of the proceeding two paragraphs" ;and in Paragraph 5, "Cabinet Order issued thereunder and" shall be deleted.
In Article 61, "subject to this Law and rules of the Authority" shall be added after "the appointing officer."
In Article 62, Paragraph 2 shall be revised as follows:
The purport of the provision of the preceding paragraph shall be achieved as quickly as possible.
In Article 63, "The Prime Minister" in Paragraph 2 shall read "The Diet and the Cabinet."
In Article 64, Paragraph 2 shall be revised as follows:
The compensation schedule, which shall be determined after taking into consideration the cost of living, prevailing wage rates and other pertinent factors as determined by the Authority, shall include a clearly specified range of pay for each grade or class.
In Article 65, Paragraph 1, Item 1, "a same grade" shall read "the same grade or class;" and in Item 5, "number of dependents" and a comma (,) shall be added before "government positions not requiring full time service."
In Article 66, Paragraph 1, "grade and class of the position" shall read "class of positions" and Paragraph 2 shall be deleted.
In Article 67, "The Prime Minister" shall read "The Diet and the Cabinet."
In Article 68, Paragraph 3, "Cabinet Order and" shall be deleted.
In Articles 69 and 70, "laws, orders or rules of the Commission," shall read "Laws, orders, rules of the Authority or directives of the Authority," .
In Article 72, Paragraph 3, "submit them to the Prime Minister," shall read "take appropriate action thereon."
In Article 75, Paragraph 1, "or rules of the Authority." shall be added after "law."
(Separation from the Service)
Article 77. Provisions for separation of personnel from the service shall be prescribed by this Law and rules of the Authority.
In Article 78, Item 1, "fails to show any merit" shall read "is not satisfactory" ;in Item 3, "of a grade or grades or class or classes." shall be deleted;and the following shall be added as Item 4 in the same Article:
4. When he becomes a supernumerary or his position is abolished due to an amendment or abrogation of the law concerning the official organization or of the fixed number of personnel, or as a result of a reduction in budget.
In Article 79, after "In cases where a person in the service falls under one of the following cases," shall be added "or in other cases established by rules of the Authority."
In Article 80, Paragraph 1 shall be revised as follows:
The period of temporary retirement as specified in Item 1 of the preceding Article shall be as provided by rules of the Authority. If the debility ceases to exist during the period of temporary retirement, the temporary retirement shall be deemed to have been automatically cancelled and the reinstatement shall be ordered forthwith.
After Paragraph 2 of the same Article, the following paragraph shall be added:
In any case of temporary retirement the permission for such temporary retirement shall automatically be deemed to have been cancelled when the reason for such retirement has ceased to exist. In Paragraph 3, "A person who has temporarily retired shall during the period of his temporary retirement, receive one-third of his pay." shall read "A person who has temporarily retired shall not receive compensation of any kind during the period of his temporary retirement unless specifically provided in the pay plan."
In Article 81, Paragraph 1, Item 3 shall be deleted;Item 4 becomes Item 3;and Paragraph 3 shall be deleted.
In Article 83, Paragraph 1 shall be revised as follows:
The period of suspension from duty shall be provided by rules of the Authority within the limit of but not more than one year.
In Paragraph 2 of the same Article, "While he is suspended from duty, he shall receive one-third of his pay," shall read "A person suspended from duty shall not receive compensation during such period of suspension except under the provisions of Article 92," ;and Paragraph 3 shall be deleted.
In Article 84, the following paragraph shall be added:
The Authority may initiate disciplinary proceedings against personnel through investigation as provided in this Law.
(Relations with Criminal Court)
Article 85. While a case which is to be subjected to disciplinary punishment is in the criminal court, disciplinary proceedings may be taken on the same case at the discretion of the Authority or the appointing officer with the approval of the Authority. Any disciplinary action under this Law shall not preclude the person involved from being subjected to criminal prosecution on the same or related facts.
(Action to be Taken as a Result of Investigation)
Article 92. If, as a result of the investigation specified in the preceding Article, the validity of the charges is established, the Authority shall approve or in its discretion revise the action.
If, as a result of the investigation specified in the preceding Article, it is established that there are no grounds for action against the employee, the Authority shall cancel the action and take such action as may be advisable and necessary to restore employment rights to the employee and correct any injustice that may have been done him by reason of such action. The Authority shall in such cases order that the employee be reimbursed for any salary lost by reason of such action.
Findings of the Authority in cases referred to in the preceding two paragraphs shall be final and subject to review only by the Authority under its rules.
(Responsibility for Drafting and Administering Compensation System)
Article 95. The Authority shall conduct studies in regard to the compensation system as soon as practicable, and submit the findings thereof to the Diet and the Cabinet and shall administer such program.
(Duty to obey Laws and Orders of Superiors;and Employee Organizations)
Article 98. Personnel of the service in the performance of their duties shall comply with laws and orders and faithfully observe the orders of their superiors pertaining to the performance of their official duties.
Personnel shall be permitted to form or refrain from forming or to join or refrain from joining associations or other organizations. Through such organizations, personnel may designate representatives of their own choice and negotiate subject to the procedures of the Authority with proper authorities for conditions of work and for other lawful purposes including social and welfare activities, provided, however, that such negotiation does not include the right of collective agreement with the Government. No employee shall be denied the freedom to express dissatisfaction or voice opinions by reason of his non-membership in an employee organization.
Personnel shall not be subjected to adverse treatment on the ground that they are the constituent members of the association or other organization referred to in the preceding paragraph, or have attempted to form or join it, or that they have performed lawful actions in such organization.
Personnel of the police services and fire services (including personnel of the National Fire Defense Board) and personnel of the Maritime Safety Board and penal institutions shall be denied the right to organize the employee organizations or to join the employee organizations as specified in Paragraph 2.
Personnel shall not strike or engage in delaying acts or other acts of dispute against the public of Japan represented by the National Government as employer, or resort to delaying tactics which reduce the efficiency of governmental operations, nor shall personnel or other persons attempt, conspire to effect, instigate or incite such illegal actions.
Any person in the service who shall resort to strike or the other unlawful acts as prescribed in the preceding paragraph shall not, from the beginning of such act, contest against the National Government with the rights to appointment or employment acquired and possessed by him under laws and orders.
The association or other organization referred to in Paragraph 2 may be incorporated as a juridical person. The provisions of the Civil Code (Law No.89 of 1896) and the Law on Procedure of Non-Contentious Cases (Law No.14 of 1898) concerning juridical persons as specified in Article 34 of the Civil Code shall be applied to juridical persons referred to in this paragraph. However, "the competent government agency" in such provisions shall be taken to read "the National Personnel Authority."
In Article 100, the following paragraph shall be added:
"The preceding three paragraphs shall not apply with respect to information requested by the Authority during an investigation or hearing conducted by the Authority. It shall not be necessary for the individual to secure permission from anyone to inform and testify before the Authority on secret, confidential or restricted information when so requested by the Authority during or as a part of such investigations or hearings conducted under the official auspices of the Authority. Failure to inform and testify before the Authority on such information upon its official request shall make the individual liable to the penal provisions of this Law.
(Obligation to give undivided Attention to Duty)
Article 101. Personnel, except in cases authorized by rules of the Authority, shall give their full working time and occupational attention to the performance of their duties, and perform only those duties which it is the responsibility of the National Government to perform. Except as authorized by rules of the Authority, personnel may not hold concurrently two or more positions in the employ of the government. Even if personnel hold additional government positions they shall not be paid for them.
Nothing contained in the preceding paragraph shall be construed to preclude the assignment, by competent authority, of personnel to duties other than their regular duties in the event of an earthquake, fire, flood or other major catastrophe.
Personnel shall not, while receiving pay of the National Government, perform duties or carry on activities for or in behaif of employee organizations. However, personnel may perform the activities approved by the provisions of Article 98 under conditions or circumstances approved by the Authority or prescribed by rules of the Authority.
In Article 102, Paragraph 1, "or political purpose." shall read "or political purpose or engage in any political activity as defined by the rules of the Authority other than to exercise his right to vote." ;in Paragraph 2, "in cases provided by rules of the Commission." shall be deleted, and Paragraph 3 shall be revised as follows:
"No person in the service shall be an officer, political adviser, or member with similar role of any political party or political organization."
In Article 103, Paragraph 2 shall be revised as follows:
Personnel are hereby prohibited for a period of two years after leaving the service from accepting or serving in a position with a profit-making enterprise which involves a close connection with any agency of the state determined by rules of the Authority with which such persons were formerly employed within five years prior to separation from the service.
In Article 104 "or to engage in any other undertaking or carry on business, the permission of the head of the employing agency of government shall be required" shall read "or to engage in any other undertaking or to carry on business the permission of the Authority and the head of the employing agency of government shall be required."
(Scope of Duties of Personnel)
Article 105. Apart from taking charge of duties prescribed by law, order, rule or directive, personnel as such shall assume no other obligation.
In Article 108, Paragraph 3, "sound basis" shall read "sound actuarial basis" and "The Prime Minister" in Paragraph 4 of the same Article shall read "the Diet and the Cabinet."
Article 109. A person falling under one of the following cases shall be sentenced to penal servitude not to exceed one year or fined not to exceed thirty thousand yen:
1. A Cabinet member who concurs in the appointment of a Commissioner who does not qualify under the provisions of Article 5;
2. A person who accepts an appointment in violation of Paragraph 3 of Article 7;
3. Cabinet members who wilfully refrain from removing a Commissioner in violation of Paragraph 3 of Article 8;
4. Cabinet members who fail to appoint a Commissioner within 60 days after a vacancy among the Commissioners occurs.(In cases where the consent of both houses of the Diet is not obtained during the said period, this shall not be applicable);
5. A person who holds more than one position in violation of Article 15;
6. A person who wilfully withholds publication of rules and amendments or revocations of rules in the Official Gazette in violation of Paragraph 2 of Article 16;
7. A person who wilfully fails to prepare and maintain personnel records or revise records, in violation of Article 19;
8. A person who wilfully fails to report in violation of Article 20;
9. A person who is guilty of discrimination in violation of Article 27;
10. Personnel who withhold or suppress publicity of examinations in violation of Paragraph 3 of Article 47;
11. A person who effects a suspension in violation of Paragraph 1 of Article 83;
12. A person who wilfully fails to comply with a decision, action or order of the Authority made in accordance with Article 92;
13. A person who divulges secrets in violation of Paragraphs 1 or 2 of Article 100;
14. A person who holds a position in any profit-making enterprise in violation of Article 103;
15. An appointing officer who extends temporary employment in violation of Article 11 of the Supplementary Provisions.
Article 110. A person falling under one of the following cases shall be sentenced to penal servitude not to exceed three years or fined not to exceed one hundred thousand yen:
1. A person who violates Paragraph 6 of Article 2;
2. A person who pays compensation in violation of Article 10 or Article 14;
3. A person who has been subpoenaed as a witness in accordance with the provision of Paragraph 2 of Article 17 and has made a false statement;
4. A person who has been subpoenaed as a witness in accordance with the provision of Paragraph 2 of Article 17 and has not responded, except for just cause, or one who, in accordance with the provision of the same paragraph, has been ordered to produce books, records or copies thereof, and has not complied with such order without just cause;
5. A person who has been ordered to produce books, records or copies thereof in accordance with the provision of Paragraph 2 of Article 17 and produces false books, records or copies thereof;
6. A person who pays compensation in violation of Article 18;
7. A person who makes an appointment in violation of Paragraph 1 of Article 33;
8. A person who violates the prohibition prescribed in Article 39;
9. A person who commits an act of fraud in violation of Article 40;
10. A person who obstructs the right to examination or appointment or furnishes information in violation of Article 41;
11. A person who pays compensation in violation of Article 66 of Paragraph 1 of Article 63;
12. A person who pays compensation in violation of Article 68;
13. A Commissioner who wilfully fails to take appropriate steps in regard to payment of compensation in violation of Article 70;
14. A person who pays a suspended person in violation of Paragraph 2 of Article 83;
15. A person who wilfully prevents the presentation of an application for administrative action on working conditions, in violation of Article 86;
16. A person who organizes an employee organization in violation of Paragraph 4 of Article 98;
17. Any person who conspires to effect, instigates or incites the illegal action defined in the first part of Paragraph 5 of Article 98, or attempts such action;
18. A person who fails to inform or testify in violation of Paragraph 4 of Article 100;
19. A person who violates the restrictions on political activity set forth in Paragraph 1 of Article 102;
20. An appointing officer who fails to enforce the termination of a temporary appointment in accorddance with Paragraph 1 of Article 9 of the Supplementary Provisions.
Money or other benefit given or received by the person to whom Item 8 of the preceding paragraph is applicable shall be confiscated. When it is not possible to collect such amount either in whole or in part, its value shall be collected.
Article 111. A person who attempts to accomplish or who orders, wilfully permits, instigates, or is an accessory to the accomplishment of any of the acts enumerated in Items 1, 3, 4, 5 and 13 of Article 109, or Items 1 to 7 inclusive, 9 to 16 inclusive, 18 and 20 of Paragraph 1, Article 110 shall be subject to the penalty prescribed in each of these Articles.
In Supplementary Provisions Article 1, Paragraph 2 shall be deleted and in Paragraph 3, "the supplementary provisions" shall read "the penal provisions and supplementary provisions" , and "law or rules of the Commission" shall read "law, rules or directives of the Authority."
In Supplementary Provisions Article 2, Paragraph 5 shall be revised as follows:
The Chairman and members of the Temporary Commission actually holding office on the date of establishment of the Authority shall, pending the appointment of Commissioners of the Authority in accordance with this Law, be deemed as holding the office of such Commissioners, and, until that time, the Chairman shall perform the duties of the President of the Authority. The Chairman and members of the Temporary Commission shall retire upon the appointment of Commissioners of the Authority, and, in this case, the Chairman shall promptly hand over charge to the President of the Authority. Such appointments shall be consummated within five days following the establishment of the Authority.
In the same Article, after Paragraph 8 the following paragraph shall be added:
Personnel of the Temporary National Personnel Commission shall on the establishment of the Authority become personnel of the Authority in conditional status for a period of six months thereafter;when they have successfully completed such period they shall be regarded as having qualified themselves in the examination or the evaluation based on this Law, as holding government positions in accordance with procedure based on this Law and they shall be regarded as formally appointed. No provision of this paragraph shall exempt personnel of the Authority from application of the provisions of Article 9 of the Supplementary Provisions.
Supplementary Provisions, Article 3 shall be revised as follows:
Article 3. In Paragraph 6 of Article 5, the department of the university shall include the department of the universities under the previous "University Ordinance (Imperial Ordinance No.388 of 1918)" , and the colleges under the previous "College Ordinance (Imperial Ordinance No.61 of 1903)."
Supplementary Provisions, Articles 9 to 11 inclusive shall be revised as follows:
Article 9. Person actually holding on a date which shall be established by the Authority, government positions as Vice-Ministers, Chiefs and assistant chiefs of bureaus, section chiefs, and assistant section chiefs and other similar positions as designated by the Authority shall, as provided by rules of the Authority, be deemed as having received temporary employment in such government positions. Such temporary employment shall not exceed three years from July 1, 1948, and may be sooner terminated by rules or directives of the Authority. The Authority shall from time to time designate additional government positions similar to these government positions which shall be subject to the provisions of this Article. For the purpose of proper administration of the public service the Authority may give appropriate examinations to any employee holding any government position whatsoever, and make transfers or removals.
In regard to the government positions as specified in the preceding paragraph, the Authority shall administer the necessary examinations under this Law within two years after July 1, 1948.
Article 10. Persons in government positions other than those specified under the provisions of Paragraph 1 of the preceding Article, shall be regarded as having qualified under the procedures based on this Law for the government positions held by them on dates as specified by the Authority and in all respects shall be subject to the rules of the Authority.
Article 11. Prior to July 1, 1951, an appointing officer may, with the permission of the Authority and subject to its rules, extend temporary employment beyond the limits specified in Paragraph 1 of Article 60.
In the Supplementary Provisions, Article 13, "such as diplomatic and consular officials, other personnel stationed abroad, school teachers, court officials or public procurators" shall be deleted.
The following two Articles shall be added to the Supplementary Provisions:
Article 15. Prior to July 1, 1951, the Authority may extend cooperation and technical advice incident to the installation and operation of civil service agencies of prefectures, cities and other local public bodies consistent with the principles established under this Law.
Article 16. The coverage of the Trade Union Law (Law No.51 of 1945), the Labor Relations Adjustment Law (Law No.25 of 1946), the Labor Standard Law (Law No.49 of 1947), and the Mariners'Law (Law No.100 of 1947), and any orders issued under the provisions of these laws, shall not apply to any personnel of the regular service as defined in Article 2.