Article 79Priority Use of Communications Facilities
第七十九条(通信設備の優先使用権)
In cases where a disaster has occurred, when there is an urgent and special necessity to make necessary communications in implementing emergency measures, except as otherwise provided for by other laws, the head of a designated administrative organ or the head of a designated local administrative organ, the prefectural governor, or the mayor of a municipality may use on a priority basis telecommunications facilities used for business purposes by the telecommunications carriers prescribed in Article 2, item (v) of the Telecommunications Business Act, or use wire telecommunications facilities or radio facilities installed by persons set forth in Article 3, paragraph (4), item (iv) of the Wire Telecommunications Act.
Article 80Emergency Measures by Designated Public Corporations
第八十条(指定公共機関等の応急措置)
When a disaster has occurred or is imminent, as provided for by laws and regulations or under a disaster management plan, designated public corporations and designated local public corporations must promptly implement emergency measures concerning functions under their jurisdiction and take necessary measures in the interest of an accurate and smooth implementation of emergency measures by the head of a designated local administrative organ, the prefectural governor, etc., and the Mayor of a municipality, etc.
When designated public corporations and designated local public corporations find it particularly necessary for implementing emergency measures concerning function under their jurisdiction, as provided for by laws and regulations or under a disaster management plan, they may ask for support from the head of a designated administrative organ or the head of a designated local administrative organ, a prefectural governor, or the mayor of a municipality to secure labor, facilities, equipment, or goods. In these cases, the head of the designated administrative organ or the head of a designated local administrative organ, the prefectural governor, or the mayor of a municipality asked for support must not refuse support except for just cause.
Article 81Serving of Requisition Orders
第八十一条(公用令書の交付)
The prefectural governor, the mayor of a municipality, or the head of a designated administrative organ or the head of a designated local administrative organ must each serve a requisition order before making a disposition under Article 71 or Article 78, paragraph (1).
The matters set forth in each of the following items must be entered in a requisition order prescribed in the preceding paragraph:
前項の公用令書には、次の各号に掲げる事項を記載しなければならない。
the name and address of the person who receive the requisition order (for a corporation, its designation and the address of its main office);
公用令書の交付を受ける者の氏名及び住所(法人にあつては、その名称及び主たる事務所の所在地)
legal provisions justifying the relevant disposition;
当該処分の根拠となつた法律の規定
For orders for work, the kind of operation to be engaged in, its location, and duration; for orders for custody, the kind and amount of goods to be held in custody, the place of custody, and duration; for administration, use, or expropriation of facilities, etc., the location of the facilities, etc., to be administered, used, or expropriated, and the duration or deadline concerning the relevant disposition.
従事命令にあつては従事すべき業務、場所及び期間、保管命令にあつては保管すべき物資の種類、数量、保管場所及び期間、施設等の管理、使用又は収用にあつては管理、使用又は収用する施設等の所在する場所及び当該処分に係る期間又は期日
Beyond what is provided for in the preceding two paragraphs, the form of requisition orders and other necessary matters concerning them are prescribed by Cabinet Order.
前二項に規定するもののほか、公用令書の様式その他公用令書について必要な事項は、政令で定める。
Article 82Compensation for Loss
第八十二条(損失補償等)
When disposition under Article 64, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (8) of the same Article); Article 63, paragraph (2), as applied mutatis mutandis to the cases set forth in Article 64, paragraph (1), pursuant to Article 64, paragraph (7); Article 71; the second sentence of Article 76-3, paragraph (2) (including as applied mutatis mutandis pursuant to paragraphs (3) and (4) of the same Article); the second sentence of Article 76-6, paragraph (3), or paragraph (4) of the same Article; or Article 78, paragraph (1) is taken, the State and local government (including a port authority) must compensate for losses generally caused by the relevant disposition.
When disposition under Article 76-6, the second sentence of paragraph (3) or paragraph (4) is taken pursuant to the provisions of paragraph (5) or paragraph (8) of the same Article, notwithstanding the provisions of the preceding paragraph, the Agency or local road public corporation must compensate for losses generally caused by the relevant disposition.
Based on standards provided for by Cabinet Order, the prefecture must compensate for actual costs incurred by persons who have engaged in work under an order for work in emergency measures under Article 71.
Article 83Requirements with Respect to Entry
第八十三条(立入りの要件)
In cases where an official of a prefecture or a municipality makes an entry (into a place) pursuant to the provisions of Article 71, or in cases where an official of a designated administrative organ or designated local administrative organ makes an entry pursuant to the provisions of Article 78, paragraph (2) or (3), the official must notify the administrator of the place to that effect in advance.
In the case referred to in the preceding paragraph, the official must carry a proof of identification, and must present it at the request of parties concerned.
前項の場合においては、その職員は、その身分を示す証票を携帯し、かつ、関係人の請求があるときは、これを提示しなければならない。
Article 84Compensation for Persons Engaged in the Work of Emergency Measures
第八十四条(応急措置の業務に従事した者に対する損害補償)
In cases where the mayor of a municipality, a police officer, a coast guard officer, or a SDF personnel of units under disaster relief operation has had residents of the area of the municipality or persons on the site where an emergency measure should be taken work in operations of emergency measures, under Article 65, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (3) of the same Article) or pursuant to the provisions of Article 63, paragraph (2) as applied mutatis mutandis pursuant to Article 65, paragraph (2), when a person who has engaged in the operations has died, been injured, or become ill, or disabled as a result of the operations, based on the standards provided for by Cabinet Order and as provided for by its ordinance, the municipality must compensate the person, their surviving family, or their dependents, for the loss sustained.
When a person who has engaged in the operations of emergency measures by an order for work under Article 71 has died, been injured, has become ill, or disabled as a result of the operations, based on the standards provided for by Cabinet Order and as provided for by its ordinance, the prefecture must compensate the person, their surviving family, or their dependents for the loss sustained.
Article 85Reduction or Release of Public Assessments for Disaster Victims
第八十五条(被災者の公的徴収金の減免等)
The State may, as provided for separately by law, reduce, exempt, defer, or take other necessary measures with regard to national taxes or other assessments collected by the State from disaster victims.
国は、別に法律で定めるところにより、被災者の国税その他国の徴収金について、軽減若しくは免除又は徴収猶予その他必要な措置をとることができる。
As provided for separately by law or by its ordinance, a local government may reduce, exempt, defer, or take other necessary measures with regard to local taxes or other assessments collected by the local government from disaster victims.
地方公共団体は、別に法律で定めるところにより、又は当該地方公共団体の条例で定めるところにより、被災者の地方税その他地方公共団体の徴収金について、軽減若しくは免除又は徴収猶予その他必要な措置をとることができる。
Article 86Special Provisions for Loaning National Property
第八十六条(国有財産等の貸付け等の特例)
In cases where the State, finding it necessary for implementing emergency measures in the event of a disaster, lends national property or other articles of State ownership, or allows them to be used, as provided for separately by law, the consideration for the loan or the use may be made free of charge or fixed at a rate lower than the market value.
If a local government, finding it necessary for implementing emergency measures in the event of a disaster, lends property or articles under its ownership, or allows them to be used, as provided for separately by law, the consideration for the loan or the use may be made free of charge or fixed at a rate lower than the market value.
Article 86-2Special Provisions concerning Shelter
第八十六条の二(避難所等に関する特例)
In the event of an extremely anomalous and severe disaster, for which shelter or emergency temporary houses (hereinafter referred to as "shelter, etc." in this Article) are remarkably insufficient and it is found particularly necessary to provide disaster victims with houses speedily, that disaster is to be designated by Cabinet Order.
When designation under the preceding paragraph is made, the provisions of Article 17 of the Fire Service Act (Act No. 186 of 1948) do not apply to the shelter, etc. which the head of the local government establishes in the areas and during the period provided for by Cabinet Order.
Notwithstanding the provisions of the preceding paragraph, according to mutatis mutandis application of the Fire Service Act, the head of the local government must specify the standards concerning the installation and maintenance of equipment for fire-fighting related to shelter, etc. prescribed in the same paragraph, fire-fighting water, and facilities necessary for fire-fighting activities, prevent disaster at the shelter, etc. and take necessary measures to ensure public safety.
Article 86-3Special Provisions concerning Temporary Medical Facilities
第八十六条の三(臨時の医療施設に関する特例)
In the event of an extremely anomalous and severe disaster, for which temporary medical facilities related to the relevant disaster (which means temporary facilities for conducting medical care for disaster victims; hereinafter the same applies in this Article) are remarkably insufficient and it is found particularly necessary to provide disaster victims with medical care speedily, that disaster is to be designated by Cabinet Order.
著しく異常かつ激甚な非常災害であつて、当該災害に係る臨時の医療施設(被災者に対する医療の提供を行うための臨時の施設をいう。以下この条において同じ。)が著しく不足し、被災者に対して医療を迅速に提供することが特に必要と認められるものが発生した場合には、当該災害を政令で指定するものとする。
When designation under the preceding paragraph is made, the provisions of Chapter IV of the Medical Care Act (Act No. 205 of 1948) do not apply to the temporary medical facilities which the head of the local government establishes in the areas and during the period provided for by Cabinet Order.
前項の規定による指定があつたときは、政令で定める区域及び期間において地方公共団体の長が開設する臨時の医療施設については、医療法(昭和二十三年法律第二百五号)第四章の規定は、適用しない。
If designation under paragraph (1) is made, the provisions of paragraphs (2) and (3) of the preceding Article apply mutatis mutandis to temporary medical facilities prescribed in the preceding paragraph.
Article 86-4Special Provisions for Burial and Cremation
第八十六条の四(埋葬及び火葬の特例)
In the event of an extremely anomalous and severe disaster, for which it is found urgently necessary to prevent harm in public hygiene from occurring due to difficulty in smoothly conducting burial or cremation caused by the disaster, that disaster is designated by Cabinet Order.
著しく異常かつ激甚な非常災害であつて、当該災害により埋葬又は火葬を円滑に行うことが困難となつたため、公衆衛生上の危害の発生を防止するため緊急の必要があると認められるものが発生した場合には、当該災害を政令で指定するものとする。
When a designation under the preceding paragraph is made, the Minister of Health, Labour and Welfare may, as provided for by Cabinet Order and only for a period specified by the Minister, specify special provisions for procedures prescribed in Articles 5 and 14 of the Act on Cemetery and Burial Services (Act No. 48 of 1948).
厚生労働大臣は、前項の規定による指定があつたときは、政令で定めるところにより、厚生労働大臣の定める期間に限り、墓地、埋葬等に関する法律(昭和二十三年法律第四十八号)第五条及び第十四条に規定する手続の特例を定めることができる。
disastermachine translation
「災害」
Damage caused by a storm, tornado, heavy rain or snow, flood, slope failure, debris flow, storm surge, earthquake, tsunami, soil liquefaction, volcanic eruption, landslide or other abnormal natural phenomenon, or by a large fire or explosion or another cause that a Cabinet Order (政令) specifies as causing damage on a similar scale.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
designated administrative organs
「指定行政機関」
The national administrative organs the Prime Minister designates from among the Cabinet Office (内閣府), the Imperial Household Agency, the Digital Agency, the Disaster Management Agency, the ministries, commissions and agencies, and the councils, facilities, special organs and other bodies set up under them.
Defined inArticle 2, paragraph (1), item (iii)· applies throughout the law
designated local administrative organs
「指定地方行政機関」
The local branch offices of designated administrative organs, and other local administrative organs of the State, that the Prime Minister designates.
Defined inArticle 2, paragraph (1), item (iv)· applies throughout the law
designated public corporations
「指定公共機関」
Incorporated administrative agencies, the Bank of Japan, the Japanese Red Cross Society, Japan Broadcasting Corporation (NHK) and other public institutions, and corporations running public utilities such as electricity, gas, transport and telecommunications, that the Prime Minister designates.
Defined inArticle 2, paragraph (1), item (v)· applies throughout the law
designated local public corporations
「指定地方公共機関」
Local incorporated administrative agencies, port authorities, land improvement districts and other managers of public facilities, and corporations running public utilities such as electricity, gas, transport and telecommunications in a prefecture, that the governor of that prefecture designates.
Defined inArticle 2, paragraph (1), item (vi)· applies throughout the law
a Port Authority
「港務局」
In Article 82, paragraph (1), a port authority under Article 4, paragraph (1) of the Port and Harbour Act.
Short name set inArticle 2, paragraph (1), item (vi)· applies only in this provision and in Article 82, paragraph (1)
disaster management plans
「防災計画」
The basic disaster management plan, the disaster management operation plans and the area disaster management plans.
Defined inArticle 2, paragraph (1), item (vii)· applies throughout the law
prefectural governor, etc.machine translation
「都道府県知事等」
Everywhere but Article 33-3, a prefectural governor, or a committee (委員会) or a commissioner (委員) of a prefecture.
Short name set inArticle 29, paragraph (1)· applies from here on, except in Article 33-3
mayor of a municipality, etc.
「市町村長等」
The mayor of a municipality, or a committee (委員会) or a commissioner (委員) of a municipality.
Short name set inArticle 29, paragraph (2)
sheltermachine translation
「避難所」
A facility where residents and others who have left their homes to evacuate stay for as long as they need to, or where affected residents who cannot find a place to live and other disaster victims stay temporarily.
Defined inArticle 33-2, paragraph (1), item (i)
emergency measures
「応急措置」
Fire-fighting, flood fighting, rescue and other emergency measures needed to fend off a disaster or stop it from spreading.
Short name set inArticle 62, paragraph (1)
SDF personnel of units under disaster relief operation
「災害派遣を命ぜられた部隊等の自衛官」
Members of the Self-Defense Forces in units or other formations under Article 8 of the Self-Defense Forces Act that have been ordered to deploy under Article 83, paragraph (2) of that Act.
Short name set inArticle 63, paragraph (3)
local road public corporationmachine translation
「地方道路公社」
A local road public corporation as provided for in Article 1 of the Local Road Public Corporation Act: a body that builds, improves, maintains, repairs and otherwise manages roads on which tolls may be charged, to develop a region's main roads.
Defined inArticle 76-4, paragraph (4)
Agency
「機構」
The Japan Expressway Holding and Debt Repayment Agency (独立行政法人日本高速道路保有・債務返済機構), which exercises the powers of the road management body, in its place, on expressways that the expressway companies manage.
Short name set inArticle 76-6, paragraph (5)
shelter, etc.
「避難所等」
In Article 86-2, the shelters or emergency temporary housing for a disaster.
Short name set inArticle 86-2, paragraph (1)· applies only in this article
medical facilitymachine translation
「医療施設」
In Article 86-3, used in "temporary medical facility" (臨時の医療施設): a temporary facility for giving medical care to disaster victims.
Defined inArticle 86-3, paragraph (1)· applies only in this article
Prefectural or Municipal Ordinance
条例
A rule a local government makes for itself: a prefecture (都道府県), a city, town or village (市町村), or one of Tokyo's special wards (特別区) (Local Autonomy Act, Articles 1-3, 281 and 283). Its assembly (議会), whose members the residents elect, passes it (Articles 89 and 96, paragraph (1), item (i)), and its head — the governor or the mayor (Article 139) — promulgates it, that is, makes it public so that it can take effect (Article 16). The Constitution lets local governments make them within the limits of Acts (Constitution, Article 94), and one may not go against the national laws and regulations (法令), such as Acts, Cabinet Orders (政令) and Ministerial Orders (省令) (Local Autonomy Act, Article 14, paragraph (1)). Unless national laws and regulations provide otherwise, a local government can impose a duty or restrict a right only by one of these (Article 14, paragraph (2)), and it may write into one penalties for breaking it, within limits the Local Autonomy Act sets (Article 14, paragraph (3)). It is made for that local government's own affairs (Article 2, paragraph (2) and Article 14, paragraph (1)), so the same matter can be handled differently from one place to the next. It is a local rule, not a national one: an "ordinance" in the name of a national rule, such as an Ordinance for Enforcement of an Act, is usually a Ministerial Order (省令) or another national instrument.
Written by AI using Constitution, Art. 94 and Local Autonomy Act, Arts. 1-3, 2, 14, 16, 89, 96, 139, 281, 283 as a reference.