Law concerning Release from the Designation of a Person Falling under the Memorandum under the Provisions of the Imperial Ordinance relating to the Exclusion, Retirement, Etc. in respect to Public Offices
法令番号: 法律第268号
公布年月日: 昭和26年11月29日
法令の形式: 法律
I hereby promulgate the Law concerning Release from the Designation of a Person Falling under the Memorandum under the Provisions of the Imperial Ordinance relating to the Exclusion, Retirement, Etc. in respect to Public Offices.
Signed:HIROHITO, Seal of the Emperor
This twenty-ninth day of the eleventh month of the twenty-sixth year of Showa (November 29, 1951)
Prime Minister YOSHIDA Shigeru
Law No.268
Law concerning Release from the Designation of a Person Falling under the Memorandum under the Provisions of the Imperial Ordinance relating to the Exclusion, Retirement, Etc. in respect to Public Offices
(Release)
Article 1. The Prime Minister may, in cases where he has come to find, in regard to a person who has been designated as a person falling under the Memorandum under the Imperial Ordinance relating to the Exclusion, Retirement, Etc. in respect to Public Offices (Imperial Ordinance No.1 of 1947;hereinafter referred to as "Ordinance No.1" )(including a person who is, in accordance with the provisions of Article 12 of the Organizations Control Order (Cabinet Order No.64 of 1949), regarded as a person who has been designated as a person falling under the Memorandum in accordance with Ordinance No.1;hereinafter referred to as a "person falling under the Memorandum" ), that such designation is extremely inequitable release him from such designation, on the basis of the application for release under the provision of paragraph 1 of the following Article.
(Application for Release)
Article 2. A person falling under the Memorandum (if he is dead, his bereaved family or any other person related to him) may apply to the Prime Minister in writing for the release from the designation under the provision of the preceding Article, clearly stating the reason why the designation is considered extremely inequitable and attaching thereto necessary documentary evidence.
2 In case the Prime Minister has received the written application under the provision of the preceding paragraph, he shall forward it, without delay to the Council for Examination of Appeals on Qualification for Public Office.
(Invalidation of Designation)
Article 3. In case the release from the designation has been effected in regard to a person falling under the Memorandum, such designation shall be invalidated as from the date of the release.
(Right or Qualification to Receive Public or Private Pensions, Annuities or other Emoluments or Benefits)
Article 4. In case the release from the designation has been effected in regard to a person falling under the Memorandum, the right or qualification pertaining to him to receive public or private pensions, annuities, or other emoluments or benefits shall be restored on the day of the release from the designation. Matters necessary in this case shall be provided for by Cabinet Order.
(Public Announcement)
Article 5. The Prime Minister shall, in case he has effected the release from the designation in regard to a person falling under the Memorandum, immediately make public announcement thereof.
(Council for Examination of Appeals on Qualification for Public Office)
Article 6. There shall be established a Council for Examination of Appeals on Qualification for Public Office (hereinafter referred to as "the Council" ) as an organ attached to the Prime Minister's Office, in order to cause it to respond to the inquiry of the Prime Minister and return its opinion in regard to the release from the designation under the provision of Article 1.
(Organization of the Council)
Article 7. The Council shall consist of not more than seven members.
2 The members shall be appointed by the Prime Minister from among persons of learning or experience.
3 The members shall serve part-time.
4 The Council shall have a chairman. The chairman shall be elected by mutual vote of the members.
5 The chairman shall preside over the affairs of the Council.
(Proceedings of the Council)
Article 8. The Council may not hold proceedings and make decision unless a majority of the members including the chairman are present.
2 The business of the Council shall be decided by a majority of the members present and, in case of a tie, the chairman shall have the casting vote.
(Presentation, etc. of Data to the Council)
Article 9. The Council may, in case it finds it necessary for examination, cause a person who has applied for release or other interested persons to present necessary data or explain facts.
2 The Council may not make a decision that the release is not warranted, unless the person who has applied for release or a proxy he designates has been given an opportunity to present himself at the Council and express his opinion.
(Duty to Preserve Secrecy)
Article 10. The members shall not divulge matters relating to the examination by the Council, except such matters as have been made public by the Prime Minister.
(Miscellaneous Affairs of the Council)
Article 11. The miscellaneous affairs of the Council shall be dealt with at the Prime Minister's Secretariat.
(Miscellaneous Provisions)
Article 12. Other than those provided for in the preceding Articles, procedures for proceedings and other matters necessary for the operation of the Council shall be determined by the chairman.
(Penal Provisions)
Article 13. A person who has submitted the written application or documentary evidence under the provision of Article 2 paragraph 2 with a false entry or an entry concealing a fact in regard to an important matter shall be punished with a fine not exceeding fifty thousand yen.
Supplementary Provisions:
1 This Law shall come into force as from the day of its promulgation.
2 Ordinance No.1 shall be partially amended as follows:
Article IV-(2), Article IV-(3) and Article V paragraph 3 shall be deleted.
3 The Prime Minister's Office Establishment Law (Law No.127 of 1949) shall be partially amended as follows:
In the Table of Article 15 paragraph 1, the following item shall be added next to the item of Multiple Purpose Land Development Council:
"Council for Examination of Appeals on Qualification for Public Office
To take charge of matters placed under its jurisdiction in accordance with the Law for Release from the Designation of a Person Falling under the Memorandum under the Provisions of the Imperial Ordinance relating to the Exclusion, Retirement, Resignation, etc. in respect to Public Offices (Law No.268 of 1951)".
Prime Minister YOSHIDA Shigeru