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Chapter Law Content

Title: Local Government Act CH
Category: Ministry of the Interior(內政部)
Chapter 5. Supplementary Provisions
Article 84
The Civil Servant Work Act shall apply to the mayors of special municipality, magistrates/mayors, and mayors of township/city. In the event of unlawful actions, neglect of duties, or other actions of negligence, stipulations on the disciplinary sanction of political appointees shall apply mutatis mutandis.
Article 85
Remuneration of the employees of the Provincial Government, Provincial Consultative Council, councils of the special municipality, governments of the special municipality, county/city councils, county/city governments, township/city councils, and township/ city offices shall be in accordance with the Public Functionaries Remuneration Law and central government laws and regulations.
Article 86
A judicial person may be formed to handle properties during the Japanese occupation acquired by villages or properties donated by the private sector.
Article 87
After the promulgation of this Act, relevant laws and regulations shall be formulated (amended) accordingly. Prior to the formulation and/or amendment of the relevant laws and regulations, existing laws and regulations not contradictory to this Act shall remain in effect. Laws and regulations applicable to townships/cities shall apply mutatis mutandis to the indigenous districts.
Article 87-1
Where a county/city is changed into a special municipality or where a county/city is merged with other special municipalities or counties/cities into a special municipality, the change shall take effect on the day on which the term of the incumbent mayor of the said special municipality expires. The terms of county/city councilors, county magistrates/mayors, townships /cities council members, township/city mayors, and chief of villages shall be adjusted to expire on the day the change is to take effect, and no re-election shall take place.
For the election for the first batch of councilors of the special municipality, the mayor, and chiefs of villages after the change into a special municipality has taken effect, the electoral districts shall be the administrative districts as indicated in the approved plan for changing into a special municipality, and the election shall be completed ten (10) days before the day the change is to take effect.
For the aforementioned election of the special municipality councilors, administrative districts may be further subdivided into electoral districts. Councilors to be elected by the indigenous population shall be elected by electoral districts formed by the indigenous population within the administrative districts. The division of electoral districts for the election of special municipality councilors shall be publicly announced six (6) months before the county/city becomes a special municipality, and the proviso stated in paragraph 1, Article 37 of the Public Service Election And Recall Law shall not apply.
After the change into a special municipality, the first batch of councilors of the special municipality, the mayor, and chiefs of villages shall take office on the day the county/city becomes a special municipality.
Article 87-2
Where a county/city is changed into a special municipality or where a county/city is merged with other special municipalities or counties/cities into a special municipality, the self-government laws and regulations of the former special municipality, county / city, and townships / cities shall be abolished by the new special municipal government. Where it is necessary to continue to apply the old laws and regulations, applications of such laws and regulations may continue for two years after approval and public announcement by the new special municipal government.
Article 87-3
Where a county/city is changed into a special municipality or where a county/city is merged with other special municipalities or counties/cities into a special municipality, the personnel, assets, liabilities, as well as other rights and obligations of the relevant agencies (institutions) and schools of the former special municipality, county / city, and townships / cities shall be transferred in full to the new special municipality.
Where a county/city is changed into a special municipality or where a county/city is merged with other special municipalities or counties/cities into a special municipality, the date for the adjustment of the centrally allocated government revenues and expenditures shall be determined by order of the Executive Yuan.
Where a county/city is changed into a special municipality or where a county/city is merged with other special municipalities or counties/cities into a special municipality, the total amount of the centrally allocated tax revenue and grants to be received by the other special municipalities and counties / cities shall not be less than the total amount received prior to the formation of the new special municipality.
Before the centrally allocated government revenues and expenditures stated in paragraph 2 is adjusted, budget implementation at the relevant agencies (institutions) and schools in the new special municipality shall proceed in accordance with the original budget as formulated by the former special municipality, county / city, and townships / cities prior to their change into a special municipality.
After a county/city is changed into a special municipality, regulations in place at the former special municipality and county / city shall continue to apply before the relevant laws and central regulations are amended.
After a county/city is changed into a special municipality, if the personnel transferred in accordance with paragraph 1 have passed different civil service examinations and are current civil servants, and if they are transferred to the competent authority and its subordinate agencies where they were formerly appointed to for placement, to schools or agencies where they were eligible for placement, to the examination agency or its subordinate agencies where they have applied for placement, to agencies other than schools, or to schools, such personnel may be exempt from the regulations against transfers as stipulated in the Civil Service Examination Act, Civil Service Employment Act, and other relevant regulations on civil service examinations.
Future transfers of the aforementioned personnel shall be limited to the relevant job positions in agencies where those who have passed the civil service examination are eligible for placement, in the examination agency where they have applied for placement, or in the destination agency’s competent authority or its subordinate agency.
Where the there are restrictions on personnel re-transfer within a certain time period immediately after a transfer as stipulated in the Civil Service Examination Act, a civil servant may only be transferred to other agencies after such time period has expired.
Personnel who are transferred in accordance with the Act Governing Placements of Professionals and Technologists as Civil Servants during the time period within which transfer is restricted may be exempt from the Act’s restriction on the destination agency; provided, however, such personnel may be transferred to other agencies only after a total of three years’ of service in their original agency, destination agency, and their subordinate agencies.
Article 88
This Act shall come into force starting from the date of promulgation.
The articles amended on June 14, 2007 shall take effect starting Jan. 1, 2007, while the articles amended on May 12, 2009 shall take effect starting Nov. 23, 2009. Chapter 4-1 and Article 87 of this Act, both amended on Jan. 14, 2014, shall take effect at a date determined by the Executive Yuan.