Local Finance Commission Establishment Law

(Purpose) Article 1. The purpose of this Law is to define clearly the scope of responsibilities and the powers of the Local Finance Commission and to provide for an organization fit for the efficient conduct of the administrative affairs under its jurisdiction.

(Establishment) Article 2. The Local Finance Commission (hereinafter referred to as "the Commission" ) is hereby established under the jurisdiction of the Prime Minister.

(Responsibilities) Article 3. The Local Finance Commission shall take charge of the following affairs with the object of contributing to the realization of the principle of local autonomy, by promoting the adjustment of financial relations, among the national, prefectural, and municipal levels of government: (1) To compute the total amount of the local finance equalization grant, determine the amount of the grant for each local public body, and give advice in regard to the conduct of finance of the local public bodies; (2) To permit the creation or alteration of non-legalized ordinary taxes, and give advice in regard to the administration of the tax system of local public bodies; (3) To conduct research and study and submit opinion to the organs concerned in regard to the adjustment of financial relations, among the national, prefectural, and municipal levels of government; (4) To collect data, compile statistics, conduct research and study, in regard to the finance of local public bodies.

(Powers) Article 4. The Commission shall have the powers enumerated below for the purpose of carrying out its responsibilities provided for in this Law. However, such powers shall be exercised in accordance with the laws (including orders issued thereunder): (1) To perform within the limits of the budgetary appropriations such acts incurring expenditure as are necessary for the performance of its responsibilities; (2) To collect receipts and make such payments as are necessary for the performance of its responsibilities; (3) To establish and administer facilities, such as offices, etc., immediately necessary for the performance of its responsibilities; (4) To procure materials and supplies for office use and materials for study immediately necessary for the performance of its responsibilities; (5) To dispose of unnecessary property; (6) To administer personnel affairs, including appointment, dismissal, awards and discipline; (7) To provide and administer facilities necessary for the welfare and health of its personnel; (8) To provide and administer housing to be rented to its personnel; (9) To collect, distribute or publish statistics and research data relating to the affairs under its jurisdiction; (10) To provide information to the general public relating to the affairs under its jurisdiction; (11) To adopt the official seals of the Commission; (12) To compute the amount of local finance equalization grants which shall be delivered in every fiscal year, to decide and deliver the amount of grants which shall be delivered to each local public body; (13) To receive request from local public bodies for investigation of the basis of the computation of the amount of local finance equalization grants and make such investigation; (14) To make decision in cases where the heads of local public bodies concerned do not agree on the local public body entitled to impose a tax, or on the matters of application of the provisions of the Local Tax Law (Law No.2 of 1950) ; (15) To give direction to the governor of To, Do, Fu or a prefecture where the principal office or place of work of an enterprise is located in regard to the correction or determination relating to the division of the value added to be taken as the base of the value added tax; (16) To give permission in regard to the alteration, to be made by cities, towns and villages, of the income and the amount of the income tax which are to be taken as the base of the inhabitant's tax; (17) To give technical assistance and advice on the assessment of the prices of fixed assets which are to be taken as the base of the municipal property tax; (18) To determine the multiplication factor for the price of farmland which is to be taken as the base of the municipal property tax on farmland; (19) To permit the creation or alteration of a non-legalized ordinary tax of local public bodies; (20) To give permission in regard to the issuance of local loans; (21) To designated the cities which may issue the certificates with prizes and to permit the issue of certificates with prizes by local public bodies; (22) To designate the cities which may hold horse races; (23) To designate the cities, towns and villages which may hold bicycle races; (24) To submit opinion to the Cabinet and organs concerned and to the Diet through the Cabinet in regard to the adjustment of financial relations and other relations affecting them among the national, prefectural and municipal levels of government; (25) To hold the hearing to listen to the local public bodies concerned relating to exercising of such powers as have been assigned to the Commission by laws and orders; (26) To demand for offering the necessary data relating to local finance from the administrative organs concerned and local public bodies, and to make them report; (27) To exercise, besides those enumerated in the preceding items, such powers as have been assigned to the Commission by law (including orders issued thereunder). 2 With respect to the affairs which the Commission is empowered to manage under this Law, the determination and disposition of the Commission shall be subject to review only by the Commission under its own procedure. 3 The provisions of the preceding paragraph shall not affect the right of access to the courts on question of law.

(Organization) Article 5. The Commission shall consist of five members. 2 The members shall be appointed by the Prime Minister with the consent of both Houses of the Diet from among persons of recognized knowledge regarding local autonomy. 3 The members under the preceding paragraph must include the following persons: (1) One person recommended jointly by the national association of the governors of To, Do, Fu and prefectures and the national association of the chairmen of the assemblies of To, Do, Fu and prefectures; (2) One person recommended jointly by the national association of the mayors of cities and the national association of the chairman of the assemblies of cities; (3) One person recommended jointly by the national association of the mayors of towns and villages and the national association of the chairmen of the assemblies of towns and villages. 4 If the consent of both Houses of the Diet cannot be obtained because it is in recess or the House of Representatives has been dissolved when the term of office of the members has expired or a vacancy in the membership has occurred, the Prime Minister may appoint the members from among persons of recognized knowledge regarding local autonomy regardless of the provisions of paragraph 2. 5 In the case under the preceding paragraph, subsequent confirmation of both Houses of the Diet at its first session after the appointment must be obtained and if it cannot be obtained, the Prime Minister must dismiss the members involved.

(Term of Office of Members) Article 6. The term of office of the members shall be three years. 2 The members may be re-appointed.

(Dismissal of Members) Article 7. No member shall be dismissed against his will unless he falls under any of the following items: (1) When he is incapable of performing his duties on account of mental or physical disability; (2) When he has violated his official duties or committed a misconduct unfit for a member. 2 In case any member is deemed to fall under any of the Items mentioned in the preceding paragraph, the Prime Minister may dismiss him with the consent of both Houses of the Diet. In this case, with regard to the member under Article 5 paragraph 3, the opinion of each association of the local public bodies which has recommended him must be heard in advance.

(Chairman) Article 8. The Chairman of the Commission shall be determined by a mutual election of the members of the Commission. 2 The Chairman of the Commission shall preside over the business of, and 9 represent, the Commission. 3 The Commission shall have nominated in advance, from among the members, the person who shall act on behalf to the Chairman in case he is incapacitated.

(Decision on Business of the Commission) Article 9. The Commission shall decide on its business with the consent of three or more of the members. 2 Besides the provisions of the preceding paragraph, necessary matters regarding decision on its business shall be fixed by the Commission.

(Compensation of Members) Article 10. The compensation of the members shall be provided for by law separately.

(Regulations of the Local Finance Commission) Article 11. The Commission may establish Regulations of the Local Finance Commission regarding the affairs under its jurisdiction, in order to implement the provisions of laws or Cabinet Orders, or under special authorization by laws or Cabinet Orders. 2 The Regulations under the preceding paragraph must be promulgated on the Official Gazette.

(Hearing) Article 12. In cases where it deems it necessary in exercising its powers, the Commission may hold a hearing to listen to the local public bodies concerned. 2 In cases where the local public bodies concerned, with the valid evidence, offer the fact that the determinations or the dispositions of the Commission are lacking in equity or fairness, it shall hold a public hearing. 3 In cases where it deems it necessary in holding a hearing under the preceding two paragraphs, the Commission may demand the appearance of the witness and the opinion thereof. 4 In cases where it recognizes, in consequence of the public hearing under paragraph 2, that the offer under the same paragraph has the justifiable reason, the Commission shall cancel or alter the determinations or the dispositions concerned. 5 The procedures of the hearing and other necessary matters other than those provided for in the preceding three paragraphs shall be provided for by the Regulations of the Commission.

(Submission of Opinion) Article 13. The Commission may, when considered necessary in connection with the adjustment of financial relations, and other relations affecting them, among the national, prefectural, and municipal levels of government, submit its opinion to the Cabinet and the organs concerned and to the Diet through the Cabinet.

(Reports, etc. on Local Finance) Article 14. The Commission must make a report every year to the Cabinet and to the Diet through the Cabinet on the state of local finance. 2 The report under the preceding paragraph shall be accompanied with its opinion on measures for improvement in relation to local finance.

(Budget) Article 15. The Commission shall, prior to the beginning of each fiscal year, prepare papers concerning the estimate of its necessary expenses for the ensuing fiscal year and present them to the Prime Minister for inclusion in the national budget. 2 In case the Cabinet has reduced the estimate of expenses of the Commission, the Cabinet shall submit the estimates of revenues and appropriations in the budget to the Diet adding the details of the estimate of expenses demanded by the Commission.

(Executive Office) Article 16. The Executive Office of the Commission shall administer the affairs of the Commission. 2 There shall be a secretariat and the following two divisions in the Executive Office: Financial Affairs Division Taxation Affairs Division

(Functions of Secretariat) Article 17. The Secretariat shall take charge of the following affairs: (1) Confidential matters; (2) Classification, appointment and dismissal of personnel, their status, disciplinary punishment, performance of duty and other personnel affairs, also, their, instruction and training; (3) Custody of the Chairman's and the Commission's official seals; (4) Receipt, dispatch, compilation and custody of official documents; (5) Estimate, settlement and accounting of expenditures and revenues, and audit of accounts; (6) Control of State properties; (7) Health, medical treatment and other welfare measures for personnel; (8) Surveys and statistics; (9) Administrative inspections; (10) Dissemination of information; (11) Publication of magazines and books on local finance and local tax, and holding lectures thereon; (12) Coordination and adjustment, such as examination of drafts of the Regulations of the Local Finance Commission; (13) In addition to the affairs listed in the preceding items such affairs of the Commission as are not in charge of divisions.

(Functions of Financial Affairs Division) Article 18. The Financial Affairs Division shall take charge of the following affairs: (1) Matters concerning the exercise of the powers relating to local finance which have been assigned to the Commission under the Local Finance Equalization Grant Law (Law No.211 of 1950), Local Finance Law (Law No.109 of 1948), Local Autonomy Law (Law No.67 of 1947) and other laws; (2) Matters relating to research, study, and submission of opinion, in regard to the adjustment of financial relations among the national, prefectural, and municipal levels of government; (3) Conduct of survey and study, drawing up drafts of the Regulations of the Local Finance Commission, compilation of statistics, and collection and distribution of data, in regard to local finance.

(Functions of Taxation Affairs Division) Article 19. The Taxation Affairs Division shall take charge of the following affairs: (1) Matters concerning the exercise of the powers relating to local tax which have been assigned to the Commission under the Local Tax Law and other Laws; (2) Conduct of survey and study, drawing up drafts of the Regulations of the Local Finance Commission, compilation of statistics, and collection and distribution of data, in regard to local tax.

(Personnel of the Executive Office) Article 20. The head of the Executive Office shall be a chief of the Executive Office. The chief of the Executive Office shall, under the direction and supervision of the Commission, administer the affairs of the Executive Office. 2 The appointment and dismissal, promotion, and disciplinary punishment of the personnel to be placed in the Executive Office and other matters of personnel administration shall be in accordance with the provisions of the National Public Service Law (Law No.120 of 1947).

(Number or Personnel) Article 21. The number of the personnel to be placed in the Executive Office shall be fixed by law separately.

Supplementary Provisions: 1. This Law shall come into force as from the day of its promulgation. 2. The actions necessary for the appointment of the members of the Local Finance Commission as provided for in Article 5 paragraph 2 may be taken before the day of the enforcement of this Law, regardless of the provisions of the preceding paragraph. 3. Until the members of the Local Finance Commission to be initially appointed upon the coming into force of this Law shall have all been appointed, the business of the Commission may be administered by such members as may have been appointed gradually, regardless of the provisions of Article 9 paragraph 1. 4. If the Diet is out of session at the time of the enforcement of this Law, the Prime Minister may appoint the first members of the Commission without the consent of both Houses of the Diet, notwithstanding the provisions of Article 5 paragraph 2. 5. In the case under the preceding paragraph, subsequent confirmation or both Houses of the Diet at its first session after the appointment, must be obtained. If, in this case, the subsequent confirmation of both Houses of the Diet cannot be obtained, the Prime Minister must dismiss the members involved. 6. The Commission shall investigate and study the matters enumerated under the following items and recommend the necessary matters, on the basis of the result thereof, to the Cabinet and the Diet through the Cabinet by the time when the regular session of the Diet will be opened for the first time after the date of the enforcement of this Law: (1) Matters concerning the suitabilility concerning exemption of the Japanese National Railway and Japan Monopoly Corporation, etc., from the local tax and other matters concerning the suitability concerning the exemption from the local tax; (2) System of security for the claim of city, town or village relating to the municipal property tax; (3) Relations between the total amount of taxation and that of non-taxation concerning the respective local taxes; (4) Relations between the scope of local tax-exemption body and local tax-exemption articles and the scope of national tax-exemption body and national tax-exemption articles. 7. The Local Autonomy Agency Establishment Law (Law No.131 of 1949) shall be partially amended as follows: Article 3 shall be amended as follows:

(Functions) Article 3. The Local Autonomy Agency shall take charge of the following affairs: (1) To maintain contact between the State and local public bodies; (2) To offer necessary opinions from the standpoint of sustaining and supporting the right of local autonomy to the Cabinet and administrative organs concerned in connection with the planning, drafting and operation of administrative measures of the State which have effect on local autonomy; (3) To assist in the exercise of the Prime Minister's powers based on the provisions of Article 16 paragraph 1 of the National Government Organization Law; (4) To assist the Prime Minister in the exercise of his powers based on the Local Autonomy Law (Law No.67 of 1947); (5) To make plans on system relating to administration and finance of local public bodies and personnel thereof, and to draw up drafts of laws, Cabinet Orders or ordinances relating thereto; (6) To make researches into and compile statistics of administration of local public bodies and personnel thereof, and to collect and distribute other data relating thereto; (7) To demand for offering the data relating to local finance from the Local Finance Commission; (8) To conduct publicity and dissemination regarding local autonomy by such measures as publications of magazines and books on local autonomy and holding lectures thereon.

In Article 4 paragraph 2, "twelve persons" shall be amended as "eignt persons" , items (1) and (2) of the same paragraph shall be deleted, item (3) of the same paragraph shall be made item (1), the numbering of the succeeding items shall be moved up by two, in item (9) of the same paragraph, "Four persons" shall be amended as "Two persons" , and paragraph 3 of the same Article shall be amended as follows: 3 The member of the Local Autonomy Committee shall be in part-time service. "(Law No.67 of 1947)" in item (12)-4) of Articles 5 and (9 to 21) inclusive of the same item of the same Article, shall be deleted. Article 6 shall be deleted, in Article 7 paragraph 2, "and shall supervise the affairs of each sub-divisions" shall be deleted and the same Article shall be made Article 6, and Articles 8 to 10 inclusive shall be deleted. The heading of Article 11 shall be amended as "(Powers of the Local Autonomy Committee)" , in paragraph 1 of the same Article, "shall be resolved by" shall be amended as "shall hear the opinion of" , item (7) of the same paragraph shall be amended as follows, items (8) and (9) of the same paragraph shall be deleted, and the same Article shall be made Article 7: 7. In addition to those as referred to in each of the preceding items, important matters relating to local autonomy; In Article 12 paragraph 2, "six or more members of the committee" shall be amended as "four or more members of the committee" , the same Article shall be made Article 8, Article 13 shall be deleted, in Article 14, "Article 9 item (5) or Article 10 item (3)" shall be amended as "Article 3 item (5)" , the same Article shall be made Article 9, Article 15 shall be made Article 10, and Article 16 shall be made Article 11. 8. The Local Autonomy Law shall be partially amended as follows: In Article 238 and Article 242 paragraph 3, "the Prime Minister" shall be amended as "the Local Finance Commission" . In Article 246, "The competent administrative offices" shall be amended as "The Local Finance Commission or the governor of a metropolis, district or urban or rural prefecture" . In Article 248, "the competent administrative offices" shall be amended as "the Prime Minister in the case of a metropolis, district or urban or rural prefecture and the governor of a metropolis, district or urban or rural prefecture in the case of a city, town or village" . In Article 250, "the competent authority" shall be amended as "the Local Finance Commission or the governor of a metropolis, district or urbon or rural prefecture" . In Article 252, "the competent administrative offices" shall be amended as "the Prime Minister in the case of a metropolis, district or urban or rural prefecture and the governor of a metropolis, district or urban or rural prefecture in the case of a city, town or village" . 9. The Local Finance Law shall be partially amended as follows: In Articles 21 and 22, "the Director of the Local Autonomy Agency" shall be amended as "the Local Finance Commission" . In Article 27 paragraphs 3 and 4, "the Prime Minister" shall be amended as "the Local Finance Commission" . In Article 28 paragraphs 2 and 3, "the Director of the Local Autonomy Agency" shall be amended as "the Local Finance Commission" . In Article 32, "the Prime Minister" shall be amended as "the Local Finance Commission" . 10. The National Government Organization Law (Law No.120 of 1948) shall be partially amended as follows: In the column of'Commission of Prime Minister's Office'in the Annexed Table No.1, "National Public Safety Commission" shall be amended as" National Public Safety Commission Local Finance Commission ". 11. The Law for Establishment of the Certificates with Prizes (Law No.144 of 1948) shall be partially amended as follows: In Article 4, "the Prime Minister" shall be amended as "the Local Finance Commission" , and the latter part of paragraph 1 of the same Article shall be deleted. 12. The Horse Racing Law (Law No.158 of 1948) shall be partially amended as follows: In Article 1 paragraph 1, "the Prime Minister" shall be amended as "the Local Finance Commission" . 13. The Bicycle Race Law (Law No.209 of 1948) shall be partially amended as follows: In Article 1 paragraph 1, "the competent Minister" shall be amended as "the Local Finance Commission" . 14. The Law for the Fixed Number of Personnel in the Administrative Organs (Law No.126 of 1949) shall be partially amended as follows: In the column of'Prime Minister's Office'of the table of Article 2 "Foreign Exchange Control Commission|44" shall be amended as" Foreign Exchange Control Commission Local Finance Commission 44 101, "in the same column" Local Autonomy Agency 105 "as" Local Autonomy Agency 57 ", in the same column" Total|58,133 "as" Total|58,186 ", and in the column of'Sum Total'of the same table" |873,237 "as" |873,290". 15. The Prime Minister's Office Establishment Law (Law No.127 of 1949) shall be partially amended as follows: In Article 17, "National Public Safety Commission" shall be amended as" National Public Safety Commission Local Finance Commission ." In the table of Article 18, "National Public Safety Commission Police Law (Law No.196 of 1947)" shall be amended as "National Public Safety Commission Police Law (Law No.196 of 1947) Local Finance Commission Local Finance Commission Establishment Law (Law No.210 of 1950) " 16. The Law concerning the Compensation for National Public Service Personnel in the Special Government Service (Law No.252 of 1949) shall be partially amended as follows: "Members of Local Autonomy Committee and others" shall be amended as "Members of the Election Administration Commission for Members elected from the National Constituency" . In Article 1, the following one item shall be added next to item (10): (10)-2) Members of Local Finance Commission Items (19) and (20) of the same Article shall be amended as follows: (19) and (20) Deleted. In the Annexed Table, "Members of National Public Safety Commission" shall be amended as" Members of National Public Safety Commission, Chairman of Local Finance Commission" and "Members of Fair Trade Commission" shall be amended as" Members of Fair Trade Commission Members of Local Finance Commission" . 17. The Law for Disposition of Police Telephone (Law No.266 of 1949) shall be partially amended as follows: In Article 3 paragraph 3 item (4), "Members of Local Autonomy Committee" shall be amended as "Members of Local Finance Commission" and "Local Autonomy, Agency" as "Executive Office of the Local Finance Commission" .