Law for Partial Amendments to the Law for the Special Regulations concerning Educational Public Service
法令番号: 法律第241号
公布年月日: 昭和26年6月16日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendments to the Law for the Special Regulations concerning Educational Public Service.
Signed:HIROHITO, Seal of the Emperor
This sixteenth day of the sixth month of the twenty-sixth year of Showa (June 16, 1951)
Prime Minister　YOSHIDA Shigeru
Law No.241
Law for Partial Amendments to the Law for the Special Regulations concerning Educational Public Service
The Law for the Special Regulations concerning Educational Public Service (Law No.1 of 1949) shall be partially amended as follows:
In Contents, "Miscellaneous Provisions (Articles 21-22)" shall be amended as "Miscellaneous Provisions (Articles 21.22)" , and "Supplementary Provisions (Articles 23-34)" as "Supplementary Provisions (Articles 23-33)" .
Article 2 paragraph 4 shall be amended as follows:
4　"Professional educational personnel" in this Law shall be teacher consultants and directors of social education.
Article 5 paragraphs 3 to 5 inclusive shall be amended as follows:
3　The immediate governing body of each institution shall, when requested by the persons subject to the inquiry within fourteen days after they have received the written statement under the preceding paragraph, give them the chance to make an oral or written statement.
4　When the immediate governing body of each institution acknowledges it necessary for the inquiry under paragraph 1 to do so, it may request the presence of witnesses or hear their opinions.
5　Necessary matters concerning the inquiry under paragraph 1, other than those provided for in the preceding three paragraphs, shall be determined by the immediate governing body of each institution.
In Article 9 paragraph 1, "of national universities" shall be deleted.
The following one paragraph shall be added to Article 11:
2　With regard to the performance of duty of presidents, teachers and chief administrators of public universities, necessary matters concerning the enforcement of the basic standard under Article 30 of the Local Public Service Law (Law No.261 of 1950) shall be determined by the immediate governing body of each institution excluding the matters provided for in Articles 31 to 38 inclusive and Article 52 of the same Law.
The following proviso shall be added to Article 14 paragraph 1:
provided that the appointing authorities may, in case they deem it especially necessary, extend within the limit of the budgetary appropriations the period of temporary retirement up to full three years.
Article 15 shall be amended as follows:
Article 15.　Deleted.
Article 16 paragraph 2 shall be amended as follows:
2　The appointment-applicants'list prescribed in the preceding paragraph shall be prepared by each board of education of To, Do, Fu or prefecture for superintendents of education and teacher consultants who hold respectively those certificates and have applied for initial appointment, and for directors of social education who have the necessary qualification provided for by the Social Education Law (Law No.207 of 1949) and have applied for initial appointment.
The heading of Article 17 shall be amended as "(Retirement, etc. of Superintendents of Education)" and the following one paragraph shall be added to the same Article:
2　As for superintendents of education, the provisions of Article 22 (Conditional Appointment and Temporary Appointment) of the Local Public Service Law shall not apply to them.
Article 18 shall be amended as follows:
Article 18.　Deleted.
Article 21 shall be amended as follows:
(Additional Positions and Engagement in Other Businesses, etc.)
Article 21.　Educational public service personnel may, in case the competent authorities acknowledge that holding additional positions related to education or engagement in other businesses or duties related to education will not impede the execution of proper duties, hold the additional positions in question or be engaged in the businesses or duties in question with or without pay.
2　In the case of the preceding paragraph, it is unnecessary for the educational public service personnel who are the national public service personnel, to get permission or approval of the National Personnel Authority in accordance with the provision of the rules of the National Personnel Authority based on Article 101 paragraph 1 of the National Public Service Law or permission or approval of the National Personnel Authority in accordance with the provision of Article 104 of the same Law, and in regard to the local educational public service personnel, it is unnecessary for them to conform with the standards of approval established by the personnel commission in accordance with the provision of Article 38 paragraph 2 of the Local Public Service Law.
(Position Classification of Educational Public Service Personnel of Public Schools)
Article 21-(2).　Position classification shall be put into effect for all educational public service-personnel of public schools following the example of educational public service personnel of national schools.
(Compensation, etc. of Superintendents of Education)
Article 21-(3).　The provisions of Articles 23 to 25 (Position Classification, Compensation, Duty Hours and Other Working Conditions) of the Local Public Service Law shall not apply to superintendents of education.
2　Matters concerning compensation, duty-hours and other working conditions of superintendents of education shall be provided for by the by-law of the local public body concerned separately from those of other local public service personnel in regular service.
In Article 22, next to "those persons who shall perform duties" , "those of the heads of personnel of the organs (excluding Japan Art Academy) prescribed in Article 13 of the Ministry of Education Establishment Law (Law No.146 of 1949) and the National Museum and the Research Institute prescribed in Article 20 of the Cultural Properties Protection Law (Law No.214 of 1950) who are exclusively engaged in educational research" shall be added.
In Article 23 paragraph 2, "or the Local Public Service Law" shall be added next to "the National Public Service Law" .
In Article 25 paragraph 1 item (8) "the Minister of Education" shall be amended as "the appointing officer" and the following five Articles shall be added next to the same Article:
(Status, Disciplinary Punishment and Performance of Duty)
Article 25-(2).　In regard to status, disciplinary punishment and performance of duty of personnel of schools (excluding universities;hereinafter the same in this Article and in Article 25-(3)) established by the local public body which has no board of education, matters to be provided for by the by-law under Articles 27 to 29 inclusive and Article 31, 32, 35, 36 or 38 of the Local Public Service Law, by regulations of local public body or regulations established by organs of local public body (including the rules of the personnel commission under Article 38 of the same Law) shall follow the example of the personnel of schools established by To, Do, Fu or prefecture.
(Reviewing Organ concerning Unfavorable Disposition)
Article 25-(3).　In regard to the review concerning the unfavorable disposition against the personnel of schools established by local public bodies which have no boards of education, function of the personnel commission or equity commission as provided for in Article 49 paragraph 4 and Article 50 of the Local Public Service Law shall be exercised by the personnel commission of To, Do, Fu or prefecture and matters to be provided for by the rules of personnel commission or the rules of equity commission in accordance with the provisions of Article 51 of the same Law shall be provided for by the rules of personnel commission of To, Do, Fu or prefecture concerned.
(Compensation, Duty Hours and Other Working Conditions)
Article 25-(4).　In regard to the compensation, duty hours and other working conditions of the personnel as provided for in Articles 1 and 2 of the Law concerning Share by the Local Government of the Pay of Municipal Schools Personnel (Law No.135 of 1948) matters to be provided for by the by-law in accordance with the provision of Article 24 paragraph 6 of the Local Public Service Law shall be provided for by the by-law of To, Do, Fu or prefecture.
2　In regard to drafting and presentation of a bill concerning prefectural by-law under the preceding paragraph, procedures concerning the matters as provided for in Article 61 of the Board of Education Law (Law No.170 of 1948) shall apply and the board of education of To, Do, Fu or prefecture concerned shall, in case the city, town or village concerned has a board of education, hear the opinion of the board of education concerned when it draws the original bill.
Article 25-(5).　The kinds and amounts of the salaries of educational public service personnel of public schools shall be fixed for the time being in terms of the kinds and amounts of salaries of educational public service personnel of national schools.
(Personnel Organization)
Article 25-(6).　Personnel organizations of schools established by To, Do, Fu or prefecture in accordance with the provisions of Article 52 paragraph 1 or paragraph 2 of the Local Public Service Law or those of schools established by local public bodies in To, Do, Fu or prefecture concerned may, for the time being, form a federation among these personnel organizations or join a federation of personnel organizations formed among these personnel organization, in order to negotiate with competent authorities of To, Do, Fu or prefecture concerning compensation, duty hours or other working conditions.
2　In regard to the application of the provisions of Articles 53 to 55 inclusive of the Local Public Service Law, the federation of personnel organizations under the preceding paragraph shall be regarded as the personnel organization of personnel of To, Do, Fu or prefecture in accordance with the provision of Article 52 paragraph 2 of the same Law.
3　In regard to the application of the provisions of Article 52 paragraph 5 and Article 56 of the Local Public Service Law, the federation of personnel organizations under paragraph 1 shall be regarded as the personnel organization in accordance with the provision of Article 52 paragraph 2 of the same Law.
Articles 28 and 29 shall be amended as follows:
Articles 28 and 29.　Deleted.
Article 33 shall be amended as follows:
(Reading of the Provisions concerning the Director of Social Education of Cities, Towns and Villages which have no Boards of Education)
Article 33.　In regard to the directors of social education of cities (including special wards, hereinafter the same), towns and villages which have no boards of education, "superintendents of boards of education concerned" or "board of education concerned" in Article 16 paragraphs 1 and 4 and Article 19 paragraph 2 shall read "heads of cities, towns and villages concerned" .
Article 34 shall be deleted.
Supplementary Provisions:
1　This Law shall come into force as from the day of its promulgation;provided that the amended provisions of Article 21-(3), Article 23 paragraph 2, Article 25-(4) and Article 25-(5) shall apply as from February 13, 1951.
2　Provisions of Article 5 paragraphs 3 to 5 inclusive of the amended Law for Special Regulations concerning Educational Public Service (including the case where these provisions are applicable mutatis mutandis under Article 6 paragraph 2 and Article 9 paragraph 2 of the same Law) shall apply to the cases under inquiry by the immediate governing body of each institution at the time of the enforcement of this Law. However, the period, during which the request under Article 5 paragraph 3 of the amended Law for Special Regulations concerning Educational Public Service (including the cases where the provisions are applicable mutatis mutandis under Article 6 paragraph 2 and Article 9 paragraph 2 of the same Law) may be made, shall be within thirty days after receiving the written statement of charges from the immediate governing body of institution concerned.
3　If at the time of the enforcement of Articles 49 to 51 inclusive of the Local Public Service Law there are cases of request for inquiry accepted by the board of education in accordance with the provision of Article 15 paragraph 3 (including the case where it is applicable mutatis mutandis under Article 18 paragraph 2 of the same Law) of the Law for the Special Regulations concerning Educational Public Service, before amendment, former instances shall be followed regardless of the provisions of Articles 49 to 51 inclusive of the Local Public Service Law.
4　The personnel of the schools established by local public bodies in To, Do, Fu or prefecture may, within the period up to May 10, 1952, form or join an organization in order to negotiate with competent authorities of To, Do, Fu or prefecture concerning compensation, duty hours of other working conditions together with the personnel of the schools established by the To, Do, Fu or prefecture concerned or by the other local public bodies in the To, Do, Fu or prefecture concerned.
5　The personnel organizations under the preceding paragraph may continue until May 10, 1952.
6　In regard to the personnel organizations under paragraph 4, the provision of Article 25-(6) paragraph 1 of the amended Law for the Special Regulations concerning Educational Public Service shall apply to them, within the period up to May 10, 1952, they being regarded as the personnel organization of the personnel of the schools established by the To, Do, Fu or prefecture in accordance with the provision of Article 52 paragraph 1 of the Local Public Service Law.
7　In regard to the application of the provisions of Articles 53 to 55 inclusive of the Local Public Service Law, the personnel organizations under paragraph 4 shall be regarded as the personnel organization of the personnel of To, Do, Fu or prefecture in accordance with the provision of Article 52 paragraph 1 of the same Law.
8　In regard to the application of the provisions of Article 52 paragraph 5 and Article 56 of the Local Public Service Law, the personnel organization under paragraph 4 shall be regarded as the personnel organization in accordance with the provision of Article 52 paragraph 1 of the same Law.
Prime Minister　YOSHIDA Shigeru
Minister of Education　AMANO Teiyu