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Chapter Law Content

Title: Local Government Act CH
Category: Ministry of the Interior(內政部)
Chapter 4-1. Mountain Indigenous Districts of Special Municipalities
Article 83-2
Districts of special municipalities that have been converted from mountain indigenous townships shall be referred to as mountain indigenous districts of special municipalities (hereafter referred to as indigenous districts). Indigenous districts shall be local self-governing bodies, and shall have district councils and district offices, which are the legislative and administrative bodies, respectively, of the indigenous districts. The district councils and district offices shall carry out self-government matters in accordance with this Act as well as matters commissioned by their superior government agencies.
Unless otherwise provided by law, provisions of this Act relevant to townships/cities shall apply mutatis mutandis to self-government matters and matters commissioned by the superior government agencies. Provisions of this Act on the relation between counties and townships/cities shall apply mutatis mutandis to the relation between special municipalities and indigenous districts.
Article 83-3
The self-government matters of mountain indigenous districts are as follows:
1. Matters related to organization and administration:
(1) Election and recall of public officials in the indigenous districts.
(2) Organization and management of the indigenous districts.
(3) Press administration in the indigenous districts.
2. Matters related to finances:
(1) Management of income, expenditures, and finances in the indigenous districts.
(2) Management and disposition of properties in the indigenous districts.
3. Matters related to social services:
(1) Social welfare in the indigenous districts .
(2) Charity businesses and social assistance in the indigenous districts.
(3) Establishment and management of cemeteries and burial facilities in the indigenous districts.
(4) Arbitration in the indigenous districts.
4. Matters related to education, culture, and sports:
(1) Provision and management of social education in the indigenous districts.
(2) Cultural activities in the indigenous districts.
(3) Sports activities in the indigenous districts.
(4) Rites, traditions, and literature in the indigenous districts.
(5) Establishment, operations, and management of social education, physical education, and cultural institutions in the indigenous districts.
5. Matters related to environmental sanitation and health:
Waste disposal and handling in the indigenous districts.
6. Matters related to construction, transportation, and tourism:
(1) Road construction and administration in the indigenous districts.
(2) Construction and administration of parks and green lands in the indigenous districts.
(3) Traffic planning, operations, and administration in the indigenous districts.
(4) Tourism in the indigenous districts.
7. Matters related to public safety:
(1) Planning and implementation of disaster prevention and rescue in the indigenous districts.
(2) Civil defense in the indigenous districts.
8. Matters related to operations and management of businesses:
(1) Public utilities and public-run enterprises in the indigenous districts.
(2) Public productive enterprises in the indigenous districts.
(3) Enterprises jointly operated with other local self-governing bodies.
9. Other matters as required by laws and regulations.
Article 83-4
If an indigenous district is created in a special municipality due to a change in status of a mountain indigenous township, such change in status shall take effect on the day the term of the current mayor of the special municipality expires, and the districts and townships of the mountain indigenous township prior to the change in status shall become the administrative districts of the resulting indigenous district. For the election of the first batch of councilors and chief administrator, the electoral districts shall be the administrative districts in the districts and townships prior to the change in status. The election shall be completed ten (10) days before the change in status, and the stipulation of Article 87-1, paragraph 3 on the public announcement of electoral districts and the stipulation of Article 87-1, paragraph 4 on taking office on the day the change in status become effective shall apply mutatis mutandis.
Article 83-5
Prior to the formulation (promulgation) of the Indigenous Districts Self Government Act, the self-government laws and regulations relevant to existing special municipalities shall apply.
Where an indigenous township is directly changed into an indigenous district and where it is necessary to continue to apply the previous self-government laws and regulations, such self-government laws and regulations may be applicable for another two years after public announcement by the indigenous district office.
Article 83-6
In relation to the personnel of the relevant indigenous district agencies (institutions) and the assets and other rights and obligations of the indigenous districts, the special municipality shall formulate (promulgate) self-government laws and regulations for the transfer and adjustment thereof. However, where an indigenous district is formed due to a change in status of an indigenous township, the personnel, assets, and other rights and obligations of the former indigenous township shall be maintained.
The date for adjusting the allocation of government revenues and expenditures for the indigenous district shall be determined by the Executive Yuan in consultation with the government of the special municipality. Prior to the adjustment, budget implementation of the relevant agencies (institutions) shall continue to be based on the budget previously formulated by the special municipality.
The total budget for an indigenous district during the first year after the change in its status shall be submitted by the district office to the district council before January 31 of the current year. The district council shall, within one month after delivery of the total budget, compete the budget review. The district office shall, within fifteen (15) days after completion of the budget review, publicly announce the total budget. If, at the beginning of the fiscal year, the district office fails to submit the total budget or if the total budget is not approved, Article 40-1, paragraph 2 shall apply mutatis mutandis to budget implementation.
If the personnel transferred in accordance with paragraph 1 are current civil servants who have either passed the different civil service examinations or are transferred in accordance with the Act Governing Placements of Professionals and Technologists as Civil Servants, paragraph 6 to paragraph 9 of Article 87-3 shall apply mutatis mutandis to the transfer.
If the personnel transferred in accordance with paragraph 1 are those who have passed the civil servant examinations and are still undergoing practical training, such transfer shall be construed as a transfer to other agencies for a continuation of their practical training. The restrictions that apply to such transfer shall be loosened in a manner similar to the transfer indicated in the preceding paragraph.
Article 83-7
For the necessary financial resources for self-government in indigenous districts, the special municipality shall formulate budget to provide financial assistance while taking into account the following factors:
1. Self-government matters in indigenous districts as stipulated in Article 83-3;
2. Average tax income in each of the mountain indigenous townships over the last three years prior to the change in status;
3. Other relevant factors.
The subsidy items, procedures and methods of subsidy, and other relevant matters shall be determined by the special municipality in consultation with the indigenous districts.
Article 83-8
The provisions of Article 58 and Article 58-1 shall not apply to the indigenous districts.