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(Position of Personnel)
Article 9. Merger related municipalities shall keep the position of usual personnel of merger related municipalities.
2. A merged municipality shall deal with personnel issues such as position and salary with equity.
(Exception of Service Association)
Article9-2. If there is a merger related municipality that all part of its territory is incorporated to a merged municipality and has a service association provided by paragraph 2 or 3 of article 284 of the local autonomy law with other municipalities than merger related municipalities, the service association may reduce the number of member municipalities of the service association, modify its covering service or add the merged municipality to the service association on the merger day with approval of all merger related municipalities and those other municipalities. In this case, permission of the Minister for public management, home affairs, posts and telecommunications or a governor is required according to paragraph 1 of article 286 or paragraph 1 of article 291-3 of the local autonomy law.
2. Necessary provisions of the local autonomy law shall be applied to the case provided by the previous paragraph.
(Exception of Local Tax)
Article 10. A merged municipality may put an unbalanced tax within 5 years if unified tax is recognized as rather unfair because of different tax or unbalance of property or debt among merger related municipalities.
2. When all merger related municipalities are cities
(except for the city provide by “I” or “ro” of paragraph 1 of article 701-31 of
the local tax law), towns or villages and each population is under 300 thousand
on the previous day of a merger, the provision “ha” of paragraph 1 of article
701-31 of the local tax law shall not be applied to a merged municipality of which
population is above 300 thousand on the day of a merger within 5 years from the
day of a merger. However, this rule does not follow if the population of a merged
municipality is above the number provided by cabinet order considering populations
of merger related municipalities on the previous day of a merger.
(Exception of Local Allocation Tax)
Article 11. Local allocation tax of a merged municipality shall be calculated, taking into account the extra expense due to a merger.
2. Local allocation tax of a merged municipality shall be kept over an amount of the total local allocation tax of merger related municipalities during 10 years after a merger. After that, local allocation tax of a merged municipality shall be kept over the above amount multiplied by the rate provided by order of the Ministry for public management, home affairs, posts and telecommunications during 5 years.
(Exception of Local Debts)
Article 11-2. The following expenses that a merged municipality shall disburse based on a merged municipality plan (hereinafter referred to as "special expense") may be financed with local debts during 10 years after a merger although the expense is not suitable for article 5 of the local finance law.
| 1. |
Construction of public facility that contributes balanced development
or speedy establishment of unity of a merged municipality. |
| 2. |
Integrated construction of public facility that contributes
synthetic and effective foundation of a merged municipality. |
| 3. |
Funding provided by article 241 of the local autonomy law that
pursues solidarity of a merged municipality's people or development of districts
of merger related municipalities. |
2. An expense for redemption of a local debt that is raised for special expense and is specified by the Minister for public management, home affairs, posts and telecommunications is calculated as the basic financial demand of local allocation tax of a merged municipality.
3. Local debt that is raised by a merged municipality or a prefecture that covers a merged municipality for expenses of projects or funding that realize a merged municipality plan shall be treat with special consideration as long as finance condition of the central government, a merged municipality and a prefecture that covers a merged municipality.
Article 12 Deleted
(Exception of Subsidy for Disaster Recovery Projects)
Article 13. When a merged municipality has disadvantage about subsidy from the central government regarding disaster or other issues that happens during 5 years after a merger, the central government shall treat a merged municipality so that a merged municipality shall not have disadvantage in spite of the provisions of the subsidy for disaster recovery of public facilities law and the special subsidy for great disaster recovery law.
(Exception of Basin Sewage)
Article 14. When a merged municipality contains a basin sewage on a project plan that is provided by paragraph land 4of article 25-3 pd the sewage law, the basin sewage shall be valid until a transition day that is determined by merger related municipalities and a prefecture that manages the basin sewage within 10 years after a merger as long as a merger is realized until Mar. 31 2005
2. A merged municipality and a prefecture that is provided by the previous paragraph may modify the transition data within 10 years after a merge.
3. A prefecture that determine or modify a transition day shall report it to the Minister for construction and transportation.
(Exception of Election District of Members of Assemble of Prefecture)
Article 15. In the case where a merger brings about a change of territory of a “gun” a prefecture may use the previous election district until the next ordinary election of members of an assembly of a prefecture after a merger in spite of the provisions of paragraph 1,2 and 3 of article 15 of the public election law or may place a new election district that composes “gun” that involves the previous territory of a merged municipality.
2. In the latter case of the previous paragraph, the number of members selected from the election district shall be the total number of the previous districts in spite of paragraph 8 of article 15 of the public election law.
3. In the former case of paragraph 1, vote-counting districts shall be placed dividing territory of municipality based on an election district.
(Cooperation)
Article 16. The central government shall give necessary advice to a prefecture and municipality, offer useful information to them and assist them to promote voluntary merger of municipalities.
2. The central government shall financially support foundation of a merged municipality
3. The central government shall support a city assembly members benefit association and a town and village assembly members befit association so that they shall manage in a financially solid way.
4. A prefecture shall give necessary advice to a municipality, offer useful information to them and assist them to promote voluntary merger of municipalities.
5. A prefecture shall coordinate municipalities that intend to merge according to their request.
6. A prefecture shall carry out a project that shall realize a merged municipality plan in order to contribute to foundation of a merged municipality.
7. A public body shall contribute to foundation of a merged municipality.
8. Public bodies in merger related municipalities shall try to integrate in order to contribute speedy establishment of unity of a merged municipality.
(Recommendation of Establishment of Merger Council)
Article 16-2. A governor of a prefecture that intends to recommend an establishment of a merger council to related municipalities provided by paragraph 4 of article 252-2 of the local autonomy law shall ask opinions of the municipalities.
2. A governor of a prefecture shall announce the recommendation provided by the previous paragraph.
(Exception regarding Special District)
Article 17. The provisions of this law regarding a city shall be applied to a special district.
(Penalty)
Article 18. The following person shall be punished regarding signatures provided by paragraph 1 and 11 of article 4, paragraph 1 and 15 of article 4-2 with imprisonment under 4 years or fine fewer than 1 million yen.
| 1. |
A person who assaults or kidnaps people who are eligible for
signature or who seek signature. |
| 2. |
A person who interferes the liberty of signature by disturbing
traffics, gathering or public speaking, or in an any other illegal or unfair way. |
| 3. |
A person who threatens people who are eligible for signature
or who seek signature in terms of relationship regarding interest of the person
or related school, company, association, religion and so on. |
2. A person who forges signature provided by paragraph 1 and 11 of article 4, paragraph 1 and 15 of article 4-2 or robs necessary documents for petition shall be punished with imprisonment under 3 years or fine fewer than 500 thousand yen.
3. A person who pretends to have delegation of a disabled person provided by paragraph 7 of article 74 of the local autonomy law regarding signature provided by paragraph 1 and 11 of article 4, paragraph 1 and 15 of article 4-2, although the person is not actually disabled, shall be punished with imprisonment under 3 years or fine fewer than 500 thousand yen
4. A person who writes a false signature or who does not write a signature as substitute in the case where a person who is eligible for election cannot write a signature provided by paragraph 1 and 11 of article 4, paragraph 1 and 15 of article 4-2 because of disability shall be punished with imprisonment under 3 years or fine fewer than 500 thousand yen.
5. A person who seeks signature provided by paragraph 1 and 11 of article 4, paragraph 1 and 15 of article 4-2 with illegal procedure or out of the period provided by a cabinet order during which signature can be collected shall be punished with fine few than 100 thousand yen.
Article 19. A person who is summoned before an election management committee of a municipality to testify but refuses to appear or testify without reasonable reason shall be punished with imprisonment under 6 months or fine fewer than 100 thousand yen.
2. If a person who swears an oath according to section 2, chapter 3, division 2 of the civil suit law make a false speech, the person shall be punished with imprisonment between 3 month and 5 years.
3. If a person who commits a crime provided by the previous paragraph confess it before an election management committee of a municipality determines validity of signature, the punishment may be reduced or exempted.
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