Local Government

Section 282
Subject to section 1, the State shall give autonomy to the locality in accordance with the principle of self-government according to the will of the people in the locality.
 
Section 283
Any locality which meets the conditions of self- government shall have the right to be formed as a local government organisation as provided by law.
The supervision of a local government organisation must be exercised in so far as it is necessary as provided by law but must be for protecting local interests or the interests of the country as a whole; provided, however, that it shall not substantially affect the principle of self-government according to the will of the people in the locality otherwise than as provided by law.
 
Section 284
All local government organisations shall enjoy autonomy in laying down policies for their governance, administration, personnel administration, finance and shall have powers and duties particularly on their own part.
The delineation of powers and duties between the State and a local government organisation and among local government organisations themselves shall be in accordance with the provisions of the law, having particular regard to the promotion of decentralisation.
For the purpose of the continual development of decentralisation to a higher level, there shall be the law determining plans andprocess of decentralisation, the substance of which shall at least provide for the following matters.
  1. the delineation of powers and duties in the management of public services between the State and a local government organisation and among local government organisations themselves;
  2. the allocation of taxes and duties between the State and a local government organisation, having regard to burdens of the State vis-a-vis the local government organisation and those among local government organisations themselves;
  3. the setting up of a committee to perform the duties in (1) and (2) consisting, in an equal number, of representatives of relevant Government agencies, representatives of local government organisation and qualified persons possessing the qualifications as provided by law.
In the case where the delineation of powers and duties and the allocation of taxes and duties under (1) and (2) have been made for any local government organisation, the committee under (3) shall review them every five years as from the date of the delineation of powers and duties or the date of the allocation of taxes and duties, as the case may be, in order to consider the suitability of the delineation of powers and duties and the allocation of taxes and duties previously made, having particular regard to the promotion of decentralisation.
The proceeding under paragraph four shall be effective when the approval of the Council of Ministers has been obtained and the National Assembly has been notified thereof.
 
Section 285
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, local administrative committee or local administrators shall hold office for the period of four years.
A member of a local administrative committee or local administrator shall not be a Government official holding a permanent position or receiving a salary or an official or employee of a State agency, State enterprise or local government organisation.
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 procedure therefor shall be in accordance with the provisions of the law.
In the case where there is a dissolution of a local assembly or where members of a local assembly have vacated office en masse under section 286 and a local administrative committee or local administrators must be temporarily appointed, the provisions of paragraph two, paragraph three and paragraph six shall not apply, as provided by law.
 
Section 286
If persons, having the right to vote in an election in any local government organisation, of not less than three-fourths of the number of the voters who are present to cast ballot consider that any member of the local assembly or any administrator of that local government organisation is not suitable to remain in office, such member or administrator shall vacate the office, as provided by law.
The voting under paragraph one shall be made by not less than one-half of the total number of the persons having the right to vote.
 
Section 287
Persons, having the right to vote in any local government organisation, of not less than one-half of the total number of the persons having the right to vote in that 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 request under paragraph one shall be accompanied by the draft local ordinances.
The rules and procedure for the lodge of request and the examination thereof shall be as provided by law.
 
Section 288
The appointment and removal of officials and employees of a local government organisation shall be in accordance with the need of and suitability to each locality and shall obtain prior approval from the Local Officials Committee, 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 and qualified persons possessing the qualifications 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 in accordance with the provisions of the law.
 
Section 289
A local government organisation has the duty to conserve local arts, custom, knowledge or good culture.
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; provided that it shall not be contrary to section 43 and section 81, as provided by law.
In providing education and training in the locality under paragraph two, the local government organisation shall also have regard to the conservation of local arts, custom, knowledge and good culture.
 
Section 290
For the purpose of promoting and maintaining the quality of the environment, a local government organisation has powers and duties 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 living 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.
The appointment and removal from office of military judges shall be as provided by law.