Chapter 4. Relationship Between Central and Local Governments
Article 75.
Where the Provincial Government violates the Constitution, laws, central government regulations, or exceeds its scope of authority while carrying out the matters stipulated in Article 8, the central competent authority concerned shall report such to the Executive Yuan to rescind, change, revoke, or discontinue such actions.
Where a government of the special municipality violates the Constitution, laws, or central government regulations promulgated in accordance with law while carrying out self-government matters, the central competent authority concerned shall report such to the Executive Yuan to rescind, change, revoke, or discontinue such actions.
Where a government of the special municipality violates the Constitution, laws, central government regulations, or exceeds its scope of authority while carrying out its commissioned matters, the central competent authority concerned shall report such to the Executive Yuan to rescind, change, revoke, or discontinue such actions.
Where a county/city government violates the Constitution, laws, or central government regulations promulgated in accordance with law while carrying out self-government matters, the central competent authority concerned shall report such to the Executive Yuan to rescind, change, revoke, or discontinue such actions.
Where a county/city government violates the Constitution, laws, central government regulations, or exceeds its scope of authority while carrying out its commissioned matters, the commissioning agency shall rescind, change, revoke, or discontinue such actions.
Where a township/city office violates the Constitution, laws, central government regulations promulgated in accordance with law, or county self-government ordinances while carrying out self-government matters, the county government shall rescind, change, revoke, or discontinue such actions.
Where a township/city office violates the Constitution, laws, central government regulations, county self-government ordinances, or county self-government regulations, or exceeds its scope of authority while carrying out its commissioned matters, the commissioning agency shall rescind, change, revoke, or discontinue such actions.
In the event of doubts on whether the self-government matters stipulated in paragraph 2, paragraph 4, and paragraph 6 violates the Constitution, laws, central government regulations promulgated in accordance with law, or county self-government ordinances, a motion for interpretation by the Judicial Yuan may be filed. Prior to interpretation by the Judicial Yuan, the implementation of such matters shall not be rescinded, changed, revoked, or discontinued.
Article 76.
In the event of inactions by the special municipalities, counties/cities, or townships/cities despite stipulations by law thus seriously undermining public interest and impeding the normal operations of local government matters, and if such actions can be carried out by a proxy, the Executive Yuan, relevant central competent authorities, or county governments shall separately instruct special municipalities, counties/cities, or townships/cities to carry out such actions within a specified period, and may themselves act as proxy in the event of continuous inaction beyond the specified period; provided, however, that the Executive Yuan, relevant central competent authorities, or county governments may act as proxies in the event of emergencies.
In the event the special municipalities, counties/cities, townships/cities find it difficult to carry out the aforementioned disposition, the special municipality, county/city, township/city shall file a complaint within the specified period. The Executive Yuan, relevant central competent authorities, or county governments may, taking into account the prevailing circumstances, revise or rescind the original disposition.
Before deciding to act as proxies, the Executive Yuan, relevant central competent authorities, or county governments shall inform the agencies that are proxied and other agencies relevant to the self-government body. After the notification by the agency in charge of the proxy, the matter shall be transferred to the proxy agency until its completion.
The expenses for the proxy shall be shouldered by the agencies that are proxied. If the local agencies refuse to shoulder such expenses, the superior government agency may deduct such amount from subsequent annual subsidies.
In the event a special municipality, county/city, and township/city believes that the disposition to use a proxy is unlawful, the issue shall be handled in accordance with administrative remedy procedures.
Article 77.
In the event of disputes over authorities between the central government, special municipalities, and counties/cities, such disputes shall be resolved by the Legislative Yuan. In the event of disputes over self-government matters between counties and townships/cities, such disputes shall be resolved by the Ministry of the Interior in consultation with the relevant central competent authorities.
In the event of disputes over authorities between special municipalities or between, special municipalities and counties/cities, such disputes shall be resolved by the Executive Yuan. In the event of disputes over authorities between counties/cities, such disputes shall be resolved by the Ministry of the Interior. In the event of disputes over authorities between townships/cities, such disputes shall be resolved by the county government.
Article 78.
In the event of any of the following by a mayor of special municipalities , magistrate/mayor, mayor of township/city, and chief of village, the Executive Yuan, Ministry of the Interior, county government, or the township/city office or the district office shall suspend such of his office and Article 3 of the Law on Discipline of Public Functionaries shall not be applicable:
1. Accused of rebellion or treason, or in violation of the Statute for the Punishment of Corruption or the Organized Crime Prevention Act, and has been sentenced to imprisonment for not less than one year by a court of first instance; provided, however, that those in violation of the provisions that prohibits intending profit for oneself in the Statute for the Punishment of Corruption should have been sentenced to not less than imprisonment by the court of appeals.
2. In addition to the aforementioned, accused of crimes punishable by death or a minimum of not less than five years imprisonment, and convicted by a court of first instance.
3. Held in custody or is at large in accordance with criminal procedures.
4. Detained in accordance with Statute for Prevention of Gangster.
In the event the verdict of the personnel suspended from office in accordance with paragraph 1 or paragraph 2 is changed to “not guilty,” or if the personnel suspended from office in accordance with paragraph 3 or paragraph 4 is no longer wanted or is released, such personnel may be allowed to resume office before the expiration of his term.
Provisions of paragraph 1 shall not apply to personnel suspended from office in accordance with paragraph 1 who is subsequently elected to the same office in accordance with law and who have taken office.
Personnel suspended from office in accordance with paragraph 1 and who has been adjudicated guilty shall be allowed to resume office before the expiration of his term unless he should be suspended from office in accordance with Article 79.
Mayors of special municipality, magistrates/mayors, and mayors of township/city suspended from office prior to the promulgation of this Act for grounds other than paragraph 1 shall be allowed to resume office before the expiration of his term.
Article 79.
In the event of any of the following by councilors of the special municipality, mayors of special municipalities, county/city councilors, magistrates/mayors, township/city representatives, mayors of township/city, and chiefs of village, the Executive Yuan shall relieve the councilors and mayors of the special municipality of their authority or suspend them from office; the Ministry of the Interior shall relieve the county/city councilors and magistrates/mayors of their authority or suspend them from office; the county government shall relieve the township/city representatives and mayors of their authority or suspend them from office; and shall notify the relevant councils of the special municipality, county/city councils, township/city councils. The township/city office or district office shall suspend the chiefs of village from office. When necessary, supplementary election shall be carried out in accordance with law.
1. Where the court declares the election winner to be invalid, or where the court declares the election invalid thus undermining the eligibility of the winner.
2. Where the person is accused and convicted of rebellion, treason, or corruption.
3. Where the person has committed the offenses of Organized crime Prevention Act, convicted and sentenced to imprisonment.
4. Where the person has committed a crime other than the offenses set forth in the preceding two paragraphs, and has been convicted and sentenced to imprisonment without probation or if a fine is not imposed in lieu of imprisonment.
5. Where the person is subject to rehabilitative disposition and reformatory education; provided, however, that this provision shall not apply to those subject to protective probation.
6. Where the household registration has been transferred outside of the administrative district for not less than four months.
7. Where the civil rights been deprived and have not been restituted.
8. Where the person has been declared unfit to dispose of property and where such declaration has not been rescinded.
9. Where there are events that calls for suspension of authority and discharged from his position as stipulated by this Act.
10. Where there are other events that calls for suspension of authority and discharged from his position in accordance with other laws.
In the event of any of the following, if the original term has yet to expire and the election agency has yet to announce the supplementary election, the punishment to suspend authority or discharge from position shall be rescinded:
1. Where a “not guilty” verdict is rendered during appeal or extra-ordinary appeal if the authority is suspended or if the person is discharged from position in accordance with the preceding paragraphs 2 to 4.
2. Where the rehabilitative disposition is rescinded in accordance with law and where reformatory education is rescinded after re-judge if the authority is suspended or if the person is discharged from position in accordance with the preceding paragraph 5.
3. Where the declaration that the person is unfit to dispose of property is rescinded by the court if the authority is suspended or if the person is discharged from position in accordance with the preceding paragraph 8.
Article 80.
A mayor of the special municipality, magistrate/mayor, mayor of township/city, or chief of village who is unable to carry out his duties for a continuous period of not less than one year due to serious illness, or who is unable to carry out his duties for not less than six month due to cause shall be discharged from his position in accordance with the procedures of paragraph 1 of the preceding Article. Councilors of the special municipality, county/city councilors, township/city representatives who fail to attend regular council meetings for two sessions shall likewise be discharged from their positions.
Article 81.
When a councilor of the special municipality, county/city councilor, or township/city representative resigns, is dismissed, or dies, when the number of vacancies is not less than three-tenths of the total number of councilors or representatives, or when the vacancies within the same electoral district is not less than one-half, a supplementary election shall be held; provided, however, that no supplementary election shall be held if the remaining term of office is not more than two years and the number of vacancies is not more than one-half of the total.
The councilors of the special municipality, county/city councilors, and township/city representatives elected during the supplementary election shall serve only the remaining term of office.
Resignations of councilors of the special municipality, county/city councilors, or township/city representatives in paragraph 1 shall be in writing and submitted to the councils of the special municipality, county/city councils, or township/city councils. The resignation shall become effective once the letter of resignation is submitted to the council.
Article 82.
Where the mayor of a special municipality, magistrate/mayor, mayor of township/city, or chief of village resigns, is removed from office, or in the event of death, the Executive Yuan shall appoint an acting mayor for the special municipality; the Ministry of the Interior shall request the Executive Yuan to appoint an acting magistrate/mayor; the county government shall appoint an acting mayor of township/city; the township/city office shall appoint an acting chief of village.
Where the mayor of a special municipality is suspended from his position, the deputy mayor shall become the acting mayor. If the position of the deputy mayor is vacant or if the deputy mayor is unable become the acting mayor, the Executive Yuan shall appoint an acting mayor. Where the magistrate/mayor is suspended from his position, the deputy magistrate/mayor shall become the acting magistrate/mayor. If the position of the deputy magistrate/mayor is vacant or if the deputy magistrate/mayor is unable become the acting magistrate/mayor, Ministry of the Interior shall request the Executive Yuan to appoint an acting magistrate/mayor. Where the mayor of township/city is suspended from his position, the county government shall appoint an acting mayor of township /city; if there is a deputy mayor, the deputy mayor shall become the acting mayor. Where the chief of village is suspended from his position, the township/city office shall appoint an acting chief of village. Where the mayor of a special municipality, magistrate/mayor, mayor of township/city, or chief of village resigns, is removed from office, or in the event of death, a supplementary election shall be completed within three (3) months from the day of such event. Provided, however, if the remaining term is not more than two years, no supplementary election shall be held; the acting mayor of a special municipality, magistrate/mayor, mayor of township/city, or chief of village shall serve until the expiration of the current term of office.
The winners of the aforementioned supplementary election shall take his oath of office within ten days from the announcement of the successful election. The term of office shall be until the expiration of the current term and shall be counted as one term of office.
The resignations as stipulated in paragraph 1 shall be carried out in writing. Mayor of special municipalities shall tender their resignations with the Executive Yuan and receive approval thereto; magistrates/mayors shall tender their resignations with the Ministry of the Interior, which shall in turn submit the resignation to the Executive Yuan for approval; mayors of township/city shall tender their resignations with the county governments and receive approval thereto; chiefs of village shall tender their resignations with the township/city office or the district office and receive approval thereto. Resignations shall take effect on the day the resignation is approved.
Article 83. When the term of councilors of the special municipality, mayors of special municipality, county/city councilors, magistrates/mayors, township/city representatives, mayors of township /city, and chiefs of village expires or when such offices should become vacant thus in need of re-election or supplementary election, such re-election or supplementary election may be postponed in the event of special circumstances.
The aforementioned postponement of the re-election or supplementary election of the councilors of the special municipality, mayors of special municipality, county/city councilors, and magistrates/mayors shall be carried out upon approval by the Executive Yuan and Ministry of the Interior, respectively.
The aforementioned postponement of the re-election or supplementary election of the township/city representatives, mayors of township/city, and chiefs of village in accordance with paragraph 1 shall be carried out upon approval by the respective county/city governments.
When re-election is postponed in accordance with the aforementioned three paragraphs, the current term of office shall be lengthened based on prevailing circumstances. In the event the office should become vacant during the lengthened term, no supplementary election shall be held.
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 and prior to the formulation and amendment of the relevant laws and regulations, existing laws and regulations not contradictory to this Act shall remain in effect.
Article 88.
This Act shall come into force from the date of promulgation.