CHAPTER 14 : LOCAL ADMINISTRATION edit
Section 281. Subject to section 1, the State shall give autonomy to local government organisations in accordance with the principle of self-government based upon the will of the people in the locality and promote the role of a local government organisation as a principal provider of public services and encourage it to participate in the decision-making for solving problems in the locality.
Any locality which meets the conditions of selfgovernment shall have the right to be formed as a local government organisation, as provided by law.
Section 282. The supervision of a local government organisation shall be exercised in so far as it is necessary and founded upon clear rules, procedures and conditions corresponding to and suitable for the form of the local government organisation, as provided by law; provided that it shall be for the purpose of protecting the interests of local residents or the interests of the country as a whole and shall not substantially affect the principle of self-government based upon the will of the people in the locality otherwise than as provided by law.
In exercising the supervision under paragraph one, there shall be determined a uniform standard as guidance to be observed by a local government organisation, having regard to suitability and disparity in the level of development and administration efficiency of each type of local government organisations, without prejudice to the local government organisation’s capability in making decisions in accordance with its need, and there shall be mechanisms for its operation to be scrutinised principally by the public.
Section 283. A local government organisation shall have general powers and duties to oversee and provide public services for the benefits of local residents and enjoy autonomy in laying down policies and carrying out administration, public service provision, personnel administration, and finance, and shall have powers and duties particularly on its own part, provided that regard shall also be had to the consistency with the development of a province and of the country as a whole.
A local government organisation shall be given promotion and support with a view to achieving such strength as to be able to administer its operation autonomously and in a manner efficiently meeting the need of local residents, develop the local finance system to the extent of providing full public services in accordance with its powers and duties and establish or jointly establish an organisation for the provision of public services in accordance with its powers and duties, in the interest of value for money and comprehensiveness of public services.
There shall be the law determining plans and process of decentralisation for the purpose of delineating powers and duties and allocating revenues between the Central Administration and Provincial Administration, on one part, and local government organisations, on the other part, or amongst local government organisations themselves, having regard to the expansion of decentralisation commensurate with the level of capability of local government organisations of each type, and also determining systems for the scrutiny and evaluation to be performed by a Committee consisting of representatives of Government agencies concerned, representatives of local government organisations and qualified members, in an equal number, in accordance with the law.
There shall be a law on local revenues for the purpose of determining powers and duties in connection with the collection of taxes and other revenues of local government organisations, with suitable rules in accordance with the nature of each type of tax, the allocation of resources in the public sector, the adequacy of revenues for expenditure within the powers and duties of local government organisations, having regard to the achievement of economic development of the locality, the financial status of local government organisations and financial sustainability of the State. In the case where the delineation of powers and duties and the allocation of revenues have been made for local government organisations, the Committee under paragraph three shall review the matters at every interval of not more than five years in order to consider suitability of the delineation of powers and duties and the allocation of revenues previously made, having prime regard to the expansion of decentralisation to local government organisations.
The act performed under paragraph five shall be effective upon approval by the Council of Ministers and being reported to the National Assembly.
Section 284. A local government organisation shall have a local assembly and local administrative committee or local administrators.
Members of a local assembly shall be elected. A local administrative committee or local administrators shall be directly elected by the people or shall be from the approval of a local assembly.
An election of members of a local assembly and local administrative committee or local administrators who must be directly elected by the people shall be made by direct suffrage and secret ballot.
Members of a local assembly or of a local administrative committee or local administrators shall hold office for the period of four years.
A member of a local administrative committee or a local administrator shall not be a Government official holding a permanent position or receiving a permanent salary or an official or employee of a Government agency, a State agency, a State enterprise or a local government organisation, and shall not have a conflict of interests in respect of the holding of office as provided by law.
The qualifications of the person having the right to vote and the person having the right to apply for candidacy in an election of members of a local assembly, members of a local administrative committee and local administrators and rules and procedures therefor shall be as provided by law.
In the case where members of a local administrative committee have vacated office en masse or where a local administrator has vacated office and it is necessary to appoint members of a local administrative committee or a local administrator temporarily, the provisions of paragraph three and paragraph six shall not apply, as provided by law.
The establishment of a local government organisation of a special form, with a different administrative structure from that provided in this section, shall be permitted as provided by law, provided that its local administrative committee or local administrators shall be elected. The provisions of section 265, section 266, section 267 and section 268 shall apply mutatis mutandis to members of a local assembly, a local administrative committee or local administrators, as the case may be.
Section 285. If persons having the right to vote in an election in any local government organisation consider that any member of the local assembly, any member of a local administrative committee or any local administrator of that local government organisation is not suitable to remain in office, such voters shall have the right to cast votes removing such member of the local assembly, such member of a local administrative committee or such local administrator from office and, in this connection, the number of persons eligible for lodging a petition for this purpose and the rules and procedures for the lodging of the petition, the examination of listed names and the vote-casting shall be as provided by law.
Section 286. Persons having the right to vote in any local government organisation shall have the right to lodge with the President of the local assembly a request for the issuance by the local assembly of local ordinances.
The number of persons eligible for lodging the request and the rules and procedures for the lodging of the request and the examination of listed names shall be as provided by law.
Section 287. Local residents have the right to participate in the administration of a local government organisation. For this purpose, a local government organisation shall also make available means for such public participation.
In the case where any act to be performed by a local government organisation may have material impacts on the livelihood of local residents, the local government organisation may inform the public of details thereof for a reasonable period of time prior to such act and shall, in the case where it deems appropriate or receives a request by persons having the right to vote in an election in the local government organisation, cause to be conducted a public hearing prior to such act or may cause to be conducted a referendum for deciding on the matter, as provided by law.
A local government organisation shall report its operation to the public in matters concerning the preparation of budgets, expenditure and results of work performance for the year, in order to enable public participation in the scrutiny and supervision of the administration of the local government organisation.
The provisions of section 168 paragraph six shall apply mutatis mutandis to the preparation of budgets of a local government organisation under paragraph three.
Section 288. The appointment, and removal from office, of officials and employees of a local government organisation shall be in accordance with the suitability to and the need of each locality and the personnel administration of local government organizations shall be subject to a uniform standard, with possibilities of joint development or reshuffles of personnel amongst local government organisations, and shall also be made upon prior approval by the Local Officials Committee as a central body in charge of local personnel administration, as provided by law.
There shall be, in the personnel administration of a local government organisation, Merit System Watchdog Agency for Local Officials, for the purpose of building up systems for the protection of virtue and ethics pertinent thereto, as provided by law.
The Local Officials Committee under paragraph one shall consist, in an equal number, of representatives of relevant Government agencies, representatives of local government organisations, representatives of local officials and qualified persons, as provided by law.
The transfer, promotion, increase of salaries and the punishment of the officials and employees of a local government organisation shall be as provided by law.
Section 289. A local government organisation has the power and duty to conserve arts, custom, local knowledge and good culture of the locality.
A local government organisation has the right to provide education and professional training in accordance with the suitability to and the need of that locality and participate in the provision of education and training by the State, having regard to the consistency with the national educational standard and system.
In providing education and training in the locality under paragraph two, the local government organisation shall also have regard to the conservation of arts, custom, local knowledge and good culture of the locality.
Section 290. A local government organisation has powers and duties in connection with the promotion and maintenance of the quality of the environment as provided by law.
The law under paragraph one shall at least contain the following matters as its substance:
(1) the management, preservation and exploitation of the natural resources and environment in the area of the locality;
(2) the participation in the preservation of natural resources and environment outside the area of the locality only in the case where the livelihood of the inhabitants in the area may be affected;
(3) the participation in considering the initiation of any project or activity outside the area of the locality which may affect the quality of the environment, health or sanitary conditions of the inhabitant in the area;
(4) the participation by local communities.