The Local Autonomy Law (Law No.67 of 1947) shall be partially amended as follows:
The following one paragraph shall be added to Article 4:
In order to enact or amend or abolish the by-laws mentioned in the preceding paragraph, there must be the consent of two-thirds or more of those members of the assembly of the local public body concerned who are present.
Article 16 shall be amended as follows:
Article 16. The chairman of the assembly of an ordinary local public body must, when the enactment or amendment or abolition of a by-law has been resolved upon, forward it within three days from that day to the chief of that ordinary local public body.
The chief of an ordinary local public body must, in cases where he has received a by-law forwarded in accordance with the provisions of the preceding paragraph, promulgate it within twenty days from that day, if he considers that there is no need of taking actions including reference to the assembly for reconsideration.
The by-laws shall come into force as from the day of the expiration of ten days from the day of their promulgation, unless specially provided for by by-law.
The signature of the chief of the ordinary local public body concerned, exceptions to the date of coming into force and other necessary matters concerning the promulgation of the by-laws must be provided for by by-law.
The provisions of the preceding two paragraphs shall apply mutatis mutandis to the regulations of the ordinary local public bodies and regulations and other rules fixed by their agencies which require public announcement. However, this shall not apply where specially provided for either by-law and order duly authorized by law or by by-law.
The following three Articles shall be added next to Article 74:
Article 74-(2). The representative of those who are demanding enactment or amendment or abolition of a by-law must submit to the election administration committee of the city, town or village the signing books of those who are demanding enactment or amendment or abolition of a by-law and request certification that those who have affixed their signatures and seals to those books are persons entered in the electors'register. In this ease, the election administration committee of that city, town or village must within twenty days from that day, complete examination, determine the validity of those signatures and certify accordingly.
The election administration committee of a city, town or village must, when the certification of signatures in signing books as provided for in the preceding paragraph has been completed, make the signing books available, for seven days from that day, for inspection by persons concerned at a place it has designated.
With regard to the period and place for inspection of signing books mentioned in the preceding paragraph, the election administration committee of a city, town or village must give public notice in advance and also make announcement to the public through means easily recognizable to them.
If there is objection to any signature in signing books, any person concerned may file it with the election administration committee of that city, town or village during the period for inspection as provided for in paragraph 2.
The election administration committee of a city, town or village must, in cases where it has received an objection as provided for in the preceding paragraph, make a determination thereon within fourteen days from the day of the receipt of the objection. In such cases, when it has determined that the objection so filed is proper, it must forthwith revise the certification as provided for in paragraph 1 and communicate the fact to the objector and persons concerned and also give public notice thereof, and when it has determined that the objection so filed is not proper, it must forthwith communicate the fact to the objector.
The election administration committee of a city, town or village must, when there has been no objection of persons concerned during the period for inspection as provided for in paragraph 2 or when the determination as provided for in the preceding paragraph has been rendered on all objections, give public notice of the fact and the total number of valid signatures and also return the relevant signing books to the representative of those who are demanding enactment or amendment or abolition of a by-law.
With regard to the signatures in signing books of those who are demanding enactment or amendment or abolition of a by-law of the metropolis, destrict or an urban or rural prefecture, any person who has complaint against the determination as provided for in paragraph 5 may, within ten days from the day of the determination, appeal to the election administration committee of the metropolis, district or urban or rural prefecture.
With regard to the signatures in signing books of those who are demanding enactment or amendment or abolition of a by-law of a city, town or village, any person who has complaint against the determination as provided for in paragraph 5 may, within fourteen days from the determination, file a suit with the District Court. Any person who is dissatisfied with the decision thereat, though he may not make an appeal, may bring an action to the Supreme Court inappealable.
Any person who has complaint against and decision on an appeal as provided for in paragraph 7 may file a suit with the High Court within fourteen days from the day of the receipt of the written decision.
When the decision on an appeal or ruling has become final, the election administration committee of the metropolis, district or urban or rural perfecture or the court concerned must forthwith forward a copy of the written decision or of the written ruling to the election administration committee of the city, town or village concerned. In this case the election administration committee of the city, town or village concerned which has received it must forthwith communicate the fact to the representative of those who are demanding enactment or amendment or abolition of a by-law.
With regard to the litigations concerning signatures in signing books, decision on an appeal shall be rendered within twenty days from the day of its receipt, and effort must be made to see that ruling on a suit shall be rendered within one hundred days from the day of the acceptance of the case.
Article 74-(3). Such signatures of those who are demanding enactment or amendment or abolition of a by-law as are mentioned below shall be invalid:
(1) Any signature not in accordance with the regular procedure fixed by-law and order;
(2) Any signature by which the person cannot be identified.
Any signature to which objection has been filed in accordance with the provisions of paragraph 4 of the preceding Article and has been determined proper by the elelction administration committee of a city, town or village shall be invalid.
The election administration committee of a city, town or village may, when considered necessary in determining the validity of signatures, demand presence and testimony of persons concerned.
The provisions of Article 100 paragraphs 2, 3, 7 and 8 shall apply mutatis mutandis to the presence and testimony of persons concerned as provided for in the preceding paragraph.
Article 74-(4). Any person who has used violence or power on or abducted those who have the right to sign their names or signature canvassers, or who has interfered with the freedom of signing by obstructing the convenience of traffic or of meeting or interfering with speeches or by other wrongful means such as deception, fraud, etc., or who has forcibly influenced those who have the right to sign their names or signature canvassers by taking advantage of special interests, including water supply, lease of farm land, claims and contributions to those who have the right to sign their names or signature canvassers or to shrines and temples, schools, firms, unions, cities, towns and villages with which they are connected, with regard to signatures in signing books by those who are demanding enactment or amendment or abolition of a by-law, shall be liable to penal servitude or imprisonment not exceeding four years or a fine not exceeding seventy-five thousand yen.
Any person who has forged or increased or decreased the number of the signatures of those who are demanding enactment or amendment or abolition of a by-law or who withheld, damaged or seized signing books and other relevant documents necessary for demanding enactment or amendment or abolition of a by-law shall be liable to penal servitude or imprisonment not exceeding three years or a fine not exceeding fifty thousand yen.
Any person who, in connection with demand for enactment or amendment or abolition of a by-law, has asked for signature by using signing books which are not accompanied with such written demand and such certificate of the representative of demand as may be provided for by Cabinet Order or signing books Which are not accompanied with such letter of authorization of the representative of demand for collection of signatures as may be provided for by Cabinet Order or other signing books which are not in accordance with the regular procedure fixed by-law and order, or any person who has asked for signature after the expiration of the term fixed by Cabinet Order to be available for collection of signatures shall be liable to a fine not exceeding ten thousand yen.
In Article 75 paragraph 1, "the chief of the ordinary local public body concerned" shall be amended as "the chief and the election administration commission, public safety commission, board of education, and other commissions or commissions based on law and order duly authorized by law or by-law, of the ordinary local public body concerned" ;in paragraph 3 of the same Article, after "chief" there shall be added "and the relevant one of the election administration committee, public safety commission, board of education, or other commissions or commissioners based on law and order duly authorized by law or by-law," ;in paragraph 5 of the same Article, "paragraph 4 of the preceding Article" shall be amended as "Article 74 paragraph 4" and after "to the number corresponding to one-fiftieth of the total number" there shall be added "and the provisions of Article 74-(2) to the preceding Article inclusive to the signatures of those who are making a demand as provided for in the same paragraph" .
In Article 76-6 paragraph 4, after "to the number of one-third of their total number" there shall be added "and the provisions of Article 74-(2) to Article 74-(4) inclusive to the signatures of those who are making a demand as provided for in the same paragraph" .
In Article 77, there shall be added "This shall also apply when the result of the vote has become final." .
In Article 78, "on the day of public notice contemplated in the preceding Article" shall be deleted.
In Article 80 paragraph 4, after "to the number of one-third of their total number" there shall be added "and the provisions of Article 74-(2) to Article 74-(4) inclusive to the signatures of those who are making a demand as provided for in the same paragraph" .
In Article 81 paragraph 2, after "the number of one-third of their total number" there shall be added "and the provisions of Article 74-(2) to Article 74-(4) inclusive to the signatures of those who are making a demand as provided for in the preceding paragraph" and "the case contemplated in the preceding paragraph" shall be amended as "the demand mentioned in the preceding paragraph" .
In Article 82 paragraph 1 and paragraph 2, after "the governor of the metroplis, district or urban or rural prefecture." there shall be added "This shall also apply when the result of the vote has become final." .
In Article 86 paragraph 4, after "the number of one-third of their total number" there shall be added "and the provisions of Article 74-(2) to Article 74-(4) inclusive to the signatures of those who are making a demand as provided for in the same paragraph" .
The following one paragraph shall be added next to Article 87 paragraph 1:
The provisions of Article 118 paragraph 5 shall apply mutatis mutandis to the resolution of the assembly as provided for in paragraph 3 of the preceding Article.
In Article 98 paragraph 1 and Article 99 paragraph 1, after "chief" there shall be added ", election administration committee, inspection commissioners, public safety commission or board of education, and other commissions or commissioners based on law and order duly authorized by law or dy-law," .
The following one paragraph shall be added next to Article 110 paragraph 3:
The provisions of paragraph 5 of the preceding Article shall apply mutatis mutandis to special committees.
In Article 118 paragraph 5, after "Any person aggrieved by the determination prescribed in the provisions of paragraph 1 may" there shall be added "within twenty-one days from the day of the determination" .
In Article 121, after "members of board of education" there shall be added ", the representatives of other commissions, or commissioners based on law and order duly authorized by law or by-law" .
In Article 123 paragraph 1, next to "The chairman shall cause" shall be added "the chief of executive office or" and "city, town or village" shall be amended as "town or village" .
In Article 125, "or its board of education" shall be amended as ", its board of education and other commissions or commissioners based on law and order duly authorized by law or by-law" .
Cpapter VI Section 11 shall be amended as follows:
Section 11 Executive Office of Assembly and Chief of Executive Office, Chief Clerk and Clerk
Article 138. The assembly of a metropolis, district or urban or rural prefecture shall have an executive office.
The assembly of a city may, as provided for by by-law, have an executive office.
The executive office shall have a chief of executive office and clerks.
The assembly of a city which has not an executive office, town or village shall have a chief clerk and clerks; provided that, a town or village may not have a chief clerk.
The chief of executive office, chief clerk and clerk and shall be appointed by the chairman.
The chief of executive office and chief clerk shall regulate the general affairs of the assembly under the direction of the chairman.
The clerk shall deal with the general affairs of the assembly under the directions of his superiors.
In Article 155 paragraph 1, after "a branch office" there shall be added "or branch station" ;in paragraph 2, after "ward office" there shall be added "or its branch station if considered necessary" ;in paragraph 4, "branch office, or ward office" shall be amended as "branch office or branch station or ward office or its branch station" .
In Article 156 paragraph 1, after "laws" there shall be added "or by-laws" .
In Article 158 paragraph 1, under "1 Metropolis" , "5. Economic Bureau" shall be amended as "4. Bureau of Economics" and "6. Bureau of Construction Works" as "5. Bureau of Construction Works" , and"
7. Bureau of Communication": |
(a) Matters relating to communication; |
8. Bureau of Water service: |
(a) Matters relating to water-service and sewerage |
"shall be deleted, and" 9. Bureau of Health "shall be amended as" 6. Bureau of Health "and" 10. Bureau of Labor "as" 7. Bureau of Labor ";in the same paragraph under" II. District or Urban or Rural Prefecture "," 4. Economic Affairs Division "shall be amended as" 3. Economic Affairs Division "," 5. Public Works Division "as" 4. Public Works Division "," 6. Health Division "as" 5. Health Division "and" 7. Agricultural Land Division "as" 6. Agricultural Land Division".
In paragraph 3 of the same Article,"
5. Public Utilities Division: |
(a) Matters relating to the management of public utilities |
"shall be deleted and" 6. Building Division "shall be amended as" 5. Building Division", and the following one paragraph shall be added next to the same paragraph:
Metropolis, district or urban or rural prefecture may set up by by-law necessary organizations for the administration of affairs relating to the management of public utilities.
In Article 176 paragraph 1, "the day of the resolution" shall be amended as "the day of the receipt of such resolution forwarded" , and in paragraph 2 of the same Article, "In this case the chief of an ordinary local public body shall forthwith make public the by-laws and take other necessary measures." shall be deleted.
In Article 178 paragraph 1, "the chief of the ordinary local public body concerned may dissolve the assembly within ten days." shall be amended as "the chairman of the assembly must forthwith communicate the fact to the chief of that ordinary local public body. In this case the chief of an ordinary local public body may within ten days from the day of the receipt of the communication dissolve the assembly" .
Paragraphs 2 and 3 of the same Article shall be amended as follows:
In cases where the assembly has passed a resolution of non-confidence in the chief of the ordinary local public body, if it is not dissolved within the period mentioned in the preceding paragraph, or if a resolution of non-confidence has again been passed by the assembly convoked for the first time after the dissolution and the fact has been communicated from the chairman to the chief of the ordinary local public body, the chief of the ordinary local public body shall lose his office on the day of the expiration of the period mentioned in the same paragraph or on the day of the communication from the chairman.
With regard to a resolution of non-confidence prescribed in the provisions of the preceding two paragraphs, it shall be required that two-thirds or more of the full number of the assemblymen shall be present at the meeting and that three-fourths or more of the assemblymen present in the case of paragraph 1 and the majority of the assemblymen present in the case of the preceding paragraph shall consent.
In Article 183 paragraph 4, "Article 176, paragraph 2" shall be amended as "Article 118 paragraph 5" .
The following one paragraph shall be added next to Article 199 paragraph 4:
The inspection commissioners may inspect the execution of accounting and other affairs of such entities as are receiving subsidies, grants in aid, loans and other financial aid from the ordinary local public body.
In paragraph 5 of the same Article, after "chief" there shall be added "and the relevant one of the election administration commission, public safety commission, board of education, or other commissions or commissioners based on law and order duly authorized by lawor by-law" .
In Article 204 paragraph 1, after "the persons of special knowledge and experience," , there shall be added "chief of an executive office" .
In Article 207, after "with the provisions of" there shall be added "Article 74-(3) paragraph 3 and" , and after "Article 109 paragraph 5" there shall be added "Article 110 paragraph 4" .
In Article 217 paragraph 3, "the assembly of an ordinary local public body or the standing committee" shall be amended as "the standing committee or special committee of the assembly of an ordinary local public body" .
In Article 225 paragraph 3, after "fees" there shall be added "and arrearage fines" .
The following one paragraph shall be added as paragraph 1 of Article 238:
The chairman of the assembly of an ordinary local public body must, when a resolution fixing the budget has been passed, forward it within three days from that day to the chief of that ordinary local public body.
In the same Article, "immediately after a resolution has been passed at a meeting by the assembly of an ordinary local public body" shall be amended as "by the chief of the ordinary local public body immediately when he has received the budget forwarded in accordance with the provisions of the preceding paragraph and if he considers that there is no need of taking actions including reference to the assembly for reconsideration" .
The following one Article shall be added next to Article 244:
Article 244-(2). In cases where the chief accountant or treasurer or other personnel of an ordinary local public body has lost or damaged cash or goods kept in his custody in accordance with the provisions of law and order, if he has neglected a good caretaker's caution, the chief of the ordinary local public body concerned must cause him to compensate the damage by fixing a period, on the basis of the result of inspection by the inspection commissioners, unless specially provided for by law or Cabinet Order. However, when the chief accountant or treasurer or other personnel of the ordinary local public body have proved that it has bas been due to an unavoidable accident or, in cases where the goods have been put to the use of the personnel of the ordinary local public body, that legitimate supervision has not been neglected, the chief of the ordinary local public body may refer the proof to the inspection commissioners for examination, submit it to the assembly for consideration accompanying their opinion and, with its consent, exempt him from the responsibility of compensation.
The following one Article shall be added next to Article 255:
Article 255-(2). Validity concerning signatures in the signing books for direct demand, or concerning such votes for the dissolution of the assembly or the dismissal of members of the assembly or the chief or such resolutions for the dismissal of the assistant governor, assistant mayor, chief accountant, treasurer, members of the election administration committee, inspection commissioners, or members of the public safety commission as are taken according to direct demand, or concerning the elections or decisions by the assembly, or concerning the determination of qualification by the election administration committee, or concerning the vote of yeas and nays of the inhabitants taken in accordance with this Law, in the ordinary local public bodies, can be contested only in accordance with the provisions of this Law with regard to the terms of litigation and the competent courts.
In Article 257 paragraph 1, next to "the objection was received" there shall be added "and the decision on an appeal within ninety days from its receipt" ;in paragraph 2 of the same Article, next "a determination on an objection" there shall be added "or a decision on an appeal" , and next to "the determination on an objection" there shall be added "or the decision on an appeal" , and "a determination of rejection of the same" shall be amended as "a determination or decision of rejection of the objection or appeal" .