Constitución de la Unión de Myanmar, Myanmar

Constitution of the Republic of the

Union of Myanmar

(2008)

Printing

September, 2008

(10000) Copies

Printed by

Printing & Publishing Enterprise, Ministry of Information

CONTENTS

CHAPTER PAGE

- Preamble . . . 1

1. Basic Principles of the Union . . . 3

2. State Structure . . . 13

3. Head of State . . . 19

4. Legislature . . . 27

5. Executive . . . 75

6. Judiciary . . . 125

7. Defence Services . . . 148

8. Citizen, Fundamental Rights and Duties of the Citizens . . . 149

9. Election . . . 157

10. Political Parties . . . 163

11. Provisions on State of Emergency . . . 165

12. Amendment of the Constitution . . . 173

13. State Flag, State Seal, NationalAnthem and the Capital . . . 175

14. TransitoryProvisions . . . 177

15. General Provisions . . . 179

Preamble

Myanmar isaNationwithmagnificenthistorical traditions.We, theNationalpeople,

havebeenlivinginunityandoneness, settingupanindependentsovereignStateandstanding

tall with pride.

Due tocolonial intrusion, theNation losthersovereignpower in1885.TheNational

people launched anti-colonialist struggles and National liberation struggles, with unity in

strength, sacrificing lives and hence the Nation became an independent sovereign State

again on 4th January 1948.

In order to gain independence speedily, the Constitution was hastily drafted, and it

was adopted by the Constitutent Assembly on 24th September 1947. After attaining

independence, Parliamentary Democracy System was practised in the State in accord

with the Constitution of the Union of Myanmar. However, as democratic system could not

be effectively materialized, the new Constitution of the Socialist Republic of the Union of

Myanmar was drafted based on the single party system, and after holding a National

Referendum, a socialist democratic State was set up in 1974. The Constitution came to an

end because of the general situation occurred in 1988.

Later, due to public aspirations, the State Peace and Development Council made

efforts to adopt multi-party democratic system and market economy in accord with the

National situation.

As an enduring Constitution, that guarantees long-term benefits, has become

essential for the future nation, the State Peace and Development Council convened the

National Convention in 1993.

Persons who are well experienced in various aspects of politics, security,

administration, economics, social and law as well as National races representatives of all

townships in the Nation took part in the National Convention.

Despite many difficulties and disturbances encountered the National Convention, it was unwaveringly reconvened in 2004 in accord with the seven-step Roadmap adopted in 2003.As the National Convention was able to adopt the Basic Principles and Detailed Basic Principles for formulating a Constitution, it successfully concluded on 3rd

September 2007. We, the National people, drafted this Constitution of the Republic of the Union of

Myanmar in accord with the Basic Principles and Detailed Basic Principles laid down by the National Convention.

We, the National people, firmly resolve that we shall : - steadfastly adhere to the objectives of non-disintegration of the Union, non-

disintegration of National solidarity, and perpetuation of sovereignty; - stalwartly strive for further burgeoning the eternal principles namely justice,

liberty, equality and perpetuation of peace and prosperity of the National people;

- uphold racial equality, livingeternally inunity fostering the firmUnionSpiritof true patriotism;

- constantly endeavour to uphold the principles of peaceful co-existence amongnationswithaviewtohavingworldpeaceand friendly relationsamong nations.

DOHEREBYADOPTthisConstitutionof theRepublicof theUnionofMyanmar through a nation-wide referendum on the Tenth day of Kasone Waning, 1370 M.E. (The Twenty-Ninth day of May, 2008A.D.)

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Chapter I Basic Principles of the Union

Chapter I

Basic Principles of the Union

The Republic of the Union of Myanmar

1. Myanmar is an independent sovereign Nation.

2. The State shall be known as the Republic of the Union of Myanmar.

3. The State is where multi-National races collectively reside.

4. The Sovereign power of the Union is derived from the citizens and is in force in the

entire country.

5. The territory of the State shall be the land, sea, and airspace which constitutes its

territory on the day this Constitution is adopted.

Basic Principles

6. The Union’s consistent objectives are :

(a) non-disintegration of the Union;

(b) non-disintegration of National solidarity;

(c) perpetuation of sovereignty;

(d) flourishing of a genuine, disciplined multi-party democratic system;

(e) enhancing the eternal principles of Justice, Liberty and Equality in the Union

and;

(f) enabling theDefenceServices tobeable toparticipate in theNationalpolitical

leadership role of the State.

7. The Union practises genuine, disciplined multi-party democratic system.

8. The Union is constituted by the Union system.

9. (a) TheexistingsevenDivisionsaredesignatedassevenRegionsand theexisting

seven States are designated as seven States. Those seven Regions and seven

States are of equal status.

(b) The names of those seven Regions and seven States are retained as they

exist.

(c) If it is desired to change the name of a Region or a State, it shall be done so

with theenactmentofa lawafter ascertaining thedesireofcitizens residing in

the Region or State concerned.

10. No part of the territory constituted in the Union such as Regions, States, Union

Territories and Self-AdministeredAreas shall ever secede from the Union.

11. (a) The three branches of sovereign power namely, legislative power, executive

power and judicial power are separated, to the extent possible, and exert

reciprocal control, check and balance among themselves.

(b) The three branches of sovereign power, so separated are shared among the

Union, Regions, States and Self-AdministeredAreas.

12. (a) The legislative power of the Union is shared among the Pyidaungsu Hluttaw,

Region Hluttaws and State Hluttaws. Legislative power stipulated by this

Constitution shall be shared to the Self-AdministeredAreas.

(b) The Pyidaungsu Hluttaw consisting of two Hluttaws, one Hluttaw elected on

the basis of township as well as population, and the other on an equal number

of representatives elected from Regions and States.

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13. There shall be a Region Hluttaw in each of the seven Regions, and a State Hluttaw

in each of the seven States.

14. The Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws include the

Defence Services personnel as Hluttaw representatives nominated by the Commander-in-

Chief of the Defence Services in numbers stipulated by this Constitution.

15. For National races with suitable population, National races representatives are

entitled to participate in legislature of Regions or States and Self-AdministeredAreas

concerned.

16. The Head of the Union and the Head of Executive of the Union is the President.

17. (a) The executive power of the Union is shared among the Pyidaungsu, Regions

and States; Self-Administrative power shall be shared between Self-

AdministeredAreas as prescribed by this Constitution.

(b) In the executive of the Union, Regions, States, Union Territory, Self-

AdministeredAreas and districts, Defence Services personnel, nominated

by the Commander-in-Chief of the Defence Services to undertake

responsibilities of the defence, security, border administration, so forth, shall

be included.

(c) For National races of which representatives are so permitted to participate

in legislature of Regions, States or Self-AdministeredAreas in accord with

Section 15, such representatives are to be permitted to participate, mainly,

to undertake their National races affairs.

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18. (a) The judicial power of the Union is shared among the Supreme Court of the

Union, High Courts of the Regions, High Courts of the States and Courts of

different levels including Courts of Self-AdministeredAreas.

(b) There shall be one Supreme Court of the Union. The Supreme Court of the

Union is the highest Court of the Republic.

(c) The Supreme Court of the Union has powers to issue writs.

(d) A High Court of the Region or State is constituted in each Region or State.

19. The following are prescribed as judicial principles :

(a) to administer justice independently according to law;

(b) to dispense justice in open court unless otherwise prohibited by law;

(c) to guarantee in all cases the right of defence and the right of appeal under

law.

20. (a) The Defence Services is the sole patriotic defence force which is strong,

competent and modern.

(b) TheDefenceServiceshas theright to independentlyadministerandadjudicate

all affairs of the armed forces.

(c) The Commander-in-Chief of the Defence Services is the Supreme

Commander of all armed forces.

(d) The Defence Services has the right to administer for participation of the

entire people in Union security and defence.

(e) The Defence Services is mainly responsible for safeguarding the non-

disintegration of the Union, the non-disintegration of National solidarity and

the perpetuation of sovereignty.

(f) TheDefenceServices ismainlyresponsible forsafeguarding theConstitution.

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21. (a) Every citizen shall enjoy the right of equality, the right of liberty and the right

of justice, as prescribed in this Constitution.

(b) No citizen shall be placed in custody for more than 24 hours without the

permission of a Court.

(c) Every citizen is responsible for public peace and tranquility and prevalence

of law and order.

(d) Necessary law shall be enacted to make citizens’ freedoms, rights, benefits,

responsibilities and restrictions effective, steadfast and complete.

22. The Union shall assist :

(a) to develop language, literature, fine arts and culture of the National races;

(b) topromote solidarity,mutual amityand respect andmutual assistanceamong

the National races;

(c) to promote socio-economic development including education, health,

economy, transportandcommunication, soforth,of less-developedNational

races.

23. The Union shall :

(a) enact necessary laws to protect the rights of the peasants;

(b) assist peasants to obtain equitable value of their agricultural produce.

24. The Union shall enact necessary laws to protect the rights of workers.

25. TheUnionshall assist topromote the interestsof the intellectuals and intelligentsia.

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26. (a) Civil Services personnel shall be free from party politics.

(b) The Union shall enact necessary laws for Civil Services personnel to have

securityandsufficiencyof food,clothingandshelter, togetmaternitybenefits

for married women in service, and to ease livelihood for welfare of retired

Service personnel.

27. The Union shall assist development, consolidation and preservation of National

culture.

28. TheUnionshall :

(a) earnestly strive to improve education and health of the people;

(b) enact the necessary law to enable National people to participate in matters

of their education and health;

(c) implement free, compulsory primary education system;

(d) implement a modern education system that will promote all-around correct

thinking and a good moral character contributing towards the building of the

Nation.

29. The Union shall provide inputs, such as technology, investments, machinery, raw

materials, so forth, to the extent possible for changeover from manual to mechanized

agriculture.

30. The Union shall provide inputs, such as technology, investments, machinery, raw

materials, so forth, to the extent possible, for development of industries.

31. The Union shall, to the extent possible, assist to reduce unemployment among the

people.

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32. TheUnionshall :

(a) care for mothers and children, orphans, fallen Defence Services personnel’s

children, the aged and the disabled;

(b) ensure disabled ex-Defence Services personnel a decent living and free

vocational training.

33. The Union shall strive for youth to have strong and dynamic patriotic spirit, the

correct way of thinking and to develop the five noble strengths.

34. Every citizen is equally entitled to freedom of conscience and the right to freely

profess and practise religion subject to public order, morality or health and to the other

provisions of this Constitution.

35. The economic system of the Union is market economy system.

36. TheUnionshall :

(a) permit all economic forces such as the State, regional organizations, co-

operatives, joint-ventures, private individual, so forth, to take part in

economic activities for the development of National economy;

(b) protect andpreventacts that injurepublic interests throughmonopolization

or manipulation of prices by an individual or group with intent to endanger

fair competition ineconomicactivities;

(c) strive to improve the living standards of the people and development of

investments;

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(d) not nationalize economic enterprises;

(e) not demonetize the currency legally in circulation.

37. TheUnion :

(a) is the ultimate owner of all lands and all natural resources above and below

the ground, above and beneath the water and in the atmosphere in the

Union;

(b) shall enact necessary law to supervise extraction and utilization of State-

owned natural resources by economic forces;

(c) shall permit citizens right of private property, right of inheritance, right of

private initiative and patent in accord with the law.

38. (a) Every citizen shall have the right to elect and be elected in accord with the

law.

(b) Electorate concerned shall have the right to recall elected people’s

representatives in accord with the provisions of this Constitution.

39. The Union shall enact necessary law to systematically form political parties for

flourishing of a genuine, disciplined multi-party democratic system.

40. (a) If there arises a state of emergency characterized by inability to perform

executive functions in accord with the provisions of the Constitution in a

RegionoraStateoraSelf-AdministeredArea, thePresident is empowered

to exercise executive power in that Region, State or Self-Administered

Area and, if necessary in doing so, the President is empowered to exercise

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legislativepowersconcerning thatRegion,StateorSelf-AdministeredArea

in accord with the provisions of this Constitution.

(b) If there arises or there is sufficient reason to arise a state of emergency

endangering life and property of the people in a Region, State or Self-

AdministeredArea, the Defence Services has the right, in accord with the

provisions of this Constitution, to prevent that danger and provide

protection.

(c) If there arises a state of emergency that could cause disintegration of the

Union, disintegration of national solidarity and loss of sovereign power or

attempts therefore by wrongful forcible means such as insurgency or

violence, the Commander-in-Chief of the Defence Services has the right

to take over and exercise State sovereign power in accord with the

provisions of this Constitution.

41. The Union practises independent, active and non-aligned foreign policy aimed at

world peace and friendly relations with nations and upholds the principles of peaceful co-

existence among nations.

42. (a) The Union shall not commence aggression against any nation.

(b) No foreign troops shall be permitted to be deployed in the territory of the

Union.

43. No Penal law shall be enacted to provide retrospective effect.

44. No penalty shall be prescribed that violates human dignity.

45. The Union shall protect and conserve natural environment.

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46. AConstitutionalTribunalshallbesetuptointerpret theprovisionsoftheConstitution,

to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws

and the State Hluttaws and functions of executive authorities of Pyidaungsu, Regions,

States and Self-AdministeredAreas are in conformity with the Constitution, to decide on

disputes relating to theConstitutionbetweenPyidaungsuandRegions,betweenPyidaungsu

and States, among Regions, among States, and between Regions or States and Self-

AdministeredAreasandamongSelf-AdministeredAreas themselves, and toperformother

duties prescribed in this Constitution.

47. The Basic Principles set forth in this Chapter, and Chapter 8, Citizen, Fundamental

Rights, and Duties of the Citizen, the term “Union” means person or body exercising the

legislative or executive authority of the Union under this Constitution according as the

context may require.

48. TheBasicPrinciplesoftheUnionshallbetheguidanceinenactinglawsbylegislature

and in interpreting the provisions of this Constitution and other laws.

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Chapter II State Structure

Chapter II

State Structure

49. The Union is delineated and constituted by seven Regions, seven States and the

Union territories as follows :

(a) Kachin State;

(b) Kayah State;

(c) Kayin State;

(d) Chin State;

(e) SagaingRegion;

(f) TaninthayiRegion;

(g) BagoRegion;

(h) MagwayRegion;

(i) MandalayRegion;

(j) Mon State;

(k) Rakhine State;

(l) YangonRegion;

(m) Shan State;

(n) Ayeyawady Region; and

(o) Union territories.

50. (a) Nay PyiTaw, the capital of the Union, prescribed as Union territory, shall be

under the direct administration of the President.

(b) If there arises a need to specify areas that have special situations concerning

national defence, security, administration and economy, so forth, those areas

may be prescribed as Union territories under the direct administration of the

President after enacting law.

51. The Union is constituted as follows :

(a) villages are organized as village-tract;

(b) wards are organized as town or township;

(c) village-tracts and wards or towns are organized as township;

(d) townships are organized as district;

(e) districts are organized as Region or State;

(f) townships in a Self-Administered Zone are organized as Self-Administered

Zone;

(g) townships inaSelf-AdministeredDivisionareorganizedasDistrict andsuch

Districts are organized as Self-Administered Division;

(h) If there are Self-Administrated Zone or Self-Administered Division in a

Region or a State, those Self-Administered Divisions, Self-Administered

Zones and Districts are organized as Region or State;

(i) Regions, States and Union territories are organized as the Republic.

52. (a) If there arises a need to re-delineate the territorial boundary of the Union,

thePresident shall firstly intimate theHeadof thePyidaungsuHluttawtoask

for the opinion of the Pyidaungsu Hluttaw.

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(b) The Head of the Pyidaungsu Htuttaw, after receiving the intimation of the

President, shall obtain the opinion of the Hluttaw representatives as follows :

(i) assenting votes of more than half of the total number of representatives

in the Hluttaw, elected in equal numbers from Regions and States;

(ii) assenting votes of more than half of the total number of representatives

in the Hluttaw, elected as representatives on the basis of township as

well as population;

(iii) assenting votes of more than half of the total number of representatives

of the two Hluttaws from the Region or State involved in the boundary

concerned.

(c) The Head of the Pyidaungsu Hluttaw, after obtaining the assenting votes as

mentioned above, shall inform the President for re-delineating the territorial

boundary of the Union as necessary.

(d) In accord with the above-mentioned procedures, if either of the Hluttaws,

or representatives fromtheRegionorState involved in the territorialboundary

concerned resolve against re-delineation, the opinion of the Pyidaungsu

Hluttaw shall be obtained. If three-fourths and above of the total number of

the Pyidaungsu Hluttaw representatives cast assenting votes, the Head of

thePyidaungsuHluttawshall informthePresident tore-delineate the territorial

boundary as necessary.

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(e) The President shall take necessary measures for re-delineation of the

territorial boundary of the Union, as necessary, after obtaining the opinion of

the Pyidaungsu Hluttaw.

53. (a) If there arises a cause to re-delineate the territorial boundary of a Region or

a State, the prior consent of the electorate residing within the township

concerned shall be obtained.

(b) In obtaining consent, re-delineation of the territorial boundary shall not be

executed at all in the absence of assenting votes of more than half of the total

number of the electorate residing within the township concerned.

(c) If more than half of the total number of eligible voters residing within the

township concerned cast assenting vote for re-delineation of the territorial

boundary, the consent of the Hluttaw representatives of the Region or State

involved in the territorial boundary concerned shall be obtained.

(d) The President shall re-delineate the territorial boundary of the Region or

State concerned with the consent of the Pyidaungsu Hluttaw, after obtaining

the assenting votes of three-fourths and above of the total number of

representatives from the Region or the State concerned.

(e) The resolution of the Pyidaungsu Hluttaw shall be obtained if a Region

Hluttaw or a State Hluttaw concerned decided against re-delineation of the

territorial boundary.

(f) The President shall, as necessary, re-delineate the territorial boundary of a

Region or a State if three-fourths and above of the total number of

representatives in the Pyidaungsu Hluttaw assent to the re-delineation of the

territorial boundary.

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54. Where there arises a situation to alter or form the territorial boundary or change

the name of a village, village-tract, ward, town, township or district of a Region, State,

Self-Administered Division or Self-Administered Zone concerned, the President shall act,

as necessary, upon the recommendation of the Chief Minister of the Region or State

concerned.

55. If it is desired to change the name of a Self-Administered Division or Self-

Administered Zone, the same procedure shall be applied as in the case of changing the

name of a Region or State.

56. The Self-Administered Divisions and Self-Administered Zones are delineated as

follows:

(a) grouping Leshi, Lahe and Namyun townships in Sagaing Division as Naga

Self-Administered Zone;

(b) grouping Ywangan and Pindaya townships in Shan State as Danu Self-

Administered Zone;

(c) grouping HoPong, HsiHseng and Pinlaung townships in Shan State as Pa-O

Self-Administered Zone;

(d) grouping Namhsan and Manton townships in Shan State as Pa Laung Self-

Administered Zone;

(e) grouping Konkyan and Laukkai townships in Shan State as Kokang Self-

Administered Zone;

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(f) grouping six townships – Hopang, Mongma, Panwai, Nahpan, Metman and

Pangsang (Pankham) townships in Shan State as two districts which are

forged into ‘Wa’Self-Administered Division.

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Chapter III Head of State

Chapter III

The President and Vice-Presidents

57. The President and Vice-Presidents represent the Union.

58. The President of the Republic of the Union of Myanmar takes precedence over

all other persons throughout the Republic of the Union of Myanmar.

59. Qualifications of the President and Vice-Presidents are as follows :

(a) shall be loyal to the Union and its citizens;

(b) shall be a citizen of Myanmar who was born of both parents who were born

in the territory under the jurisdiction of the Union and being Myanmar

Nationals;

(c) shall be an elected person who has attained at least the age of 45;

(d) shall be well acquainted with the affairs of the Union such as political,

administrative, economicandmilitary;

(e) shall be a person who has resided continuously in the Union for at least 20

years up to the time of his election as President;

Proviso:An official period of stay in a foreign country with the permission of

the Union shall be counted as a residing period in the Union;

(f) shall he himself, one of the parents, the spouse, one of the legitimate children

or their spouses not owe allegiance to a foreign power, not be subject of a

foreign power or citizen of a foreign country. They shall not be persons

entitled toenjoy the rights andprivilegesofa subjectof a foreigngovernment

or citizen of a foreign country;

(g) shall possess prescribed qualifications of the President, in addition to

qualifications prescribed to stand for election to the Hluttaw.

60. (a) The President shall be elected by the Presidential Electoral College.

(b) The Presidential Electoral College shall be formed with three groups of the

Pyidaungsu Hluttaw representatives as follows :

(i) group formed with elected Hluttaw representatives in the Hluttaw with

an equal number of representatives elected from Regions and States;

(ii) group formed with elected Hluttaw representatives in the Hluttaw

elected on the basis of township and population;

(iii) group formed with the Defence Services personnel Hluttaw

representatives nominated by the Commander-in-Chief of the Defence

Services for the said two Hluttaws.

(c) Each group shall elect a Vice-President from among the Hluttaw

representatives or from among persons who are not Hluttaw representatives.

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(d) The Pyidaungsu Hluttaw and a Body comprising the Heads and Deputy

Headsof the twoHluttaws in thePyidaungsuHluttawshall scrutinizewhether

or not the Vice-Presidents possess the qualifications prescribed for the

President.

(e) The Presidential Electoral College comprising all the Pyidaungsu Hluttaw

representatives shall elect by vote one of the three Vice-Presidents who are

Presidential candidates, as the President.

(f) Necessary law shall be enacted for the election of President and Vice-

Presidents.

61. (a) The term of office of the President or the Vice-Presidents is five years.

(b) After the expiry of the incumbent term, the President and theVice-Presidents

shall continue their duties until the time the new President is duly elected.

(c) The President and the Vice-Presidents shall not serve more than two terms.

(d) An interim period to serve as the President or the Vice-President shall not

be counted as one term of office.

(e) If a vacancy is filled for the President or the Vice-President for any reason,

the term of office of the new President or the newVice-President shall be up

to the expiry of the original term of office.

62. The President or the Vice-Presidents shall not be representative of any Hluttaw.

63. If the President or the Vice-Presidents are Hluttaw representatives, they shall be

deemed to have resigned from their seats in that Hluttaw, and if the President or the Vice-

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Presidents are the Civil Services personnel, they shall be deemed to have resigned or

retired from their offices from the day of their election.

64. If the President or the Vice-Presidents are members of a political party, they shall

not take part in its party activities during their term of office from the day of their election.

65. The President and theVice-Presidents shall make an affirmation as follows:

“I ........... do solemnly and sincerely promise and declare that I will be loyal to the

Republic of the Union of Myanmar and the citizens and hold always in esteem

non-disintegration of the Union, non-disintegration of national solidarity and

perpetuation of sovereignty.

I will uphold and abide by the Constitution and its Laws. I will carry out the

responsibilities uprightly to the best of my ability and strive for further flourishing

the eternal principles of justice, liberty and equality. I will dedicate myself to the

service of the Republic of the Union of Myanmar.”

66. The President or the Vice-Presidents shall exercise duties and powers vested by

this Constitution and other laws.

67. The President and the Vice-Presidents shall not hold any other office or position

ofemolument.

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68. The President and theVice-Presidents shall furnish a list of family assets under his

direction, namely land, houses, buildings, businesses, savings and other valuables together

with their values to the Head of the Pyidaungsu Hluttaw.

69. The President and the Vice-Presidents shall receive the emoluments, allowances

and insignia of office as prescribed by law. Each shall also be provided with an appropriate

official residence.

70. Except in the case of removal from office following impeachment, the President

and theVice-Presidents shall enjoypensionandsuitableallowanceson retirement inaccord

with the law after the expiry of the term of office.

71. (a) The President or any Vice-President may be impeached for one of the

followingreasons :

(i) high treason;

(ii) breach of the provisions of this Constitution;

(iii) misconduct;

(iv) being disqualified for the President orVice-President under provisions

as prescribed in this Constitution;

(v) inefficient discharge of duties assigned by law.

(b) If it be required to impeach the President or any Vice-President, a charge

signed by not less than one-fourth of the total number of representatives of

either Hluttaw included in the Pyidaungsu Hluttaw shall be submitted to the

Head of the Hluttaw concerned.

(c) Action shall proceed only when this charge is supported by not less than

two-thirds of the total number of representatives of the Hluttaw concerned.

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(d) If one Hluttaw supports the taking of action, the other Hluttaw shall form a

Body to investigate this charge.

(e) The President or the Vice-President shall have the right to refuse the charge

himself in person or through a representative when it is investigated.

(f) If, after the investigation, not less than two-thirds of the total number of

representatives of the Hluttaw which investigated the charge or caused the

investigation to be initiated passed the resolution that the charge has been

substantiatedandrenders thePresidentor theVice-Presidentunfit tocontinue

in office, the Hluttaw concerned shall submit to the Head of the Pyidaungsu

Hluttawsuchresolution to remove the impeachedPresidentor the impeached

Vice-President from office.

(g) TheHeadof thePyidaungsuHluttawshalldeclare theremovalof thePresident

or the Vice-President immediately after the receipt of the submission.

72. The President or any of theVice-Presidents shall be allowed to resign from office

of his own volition before the expiry of the term of office.

73. (a) One of the two Vice-Presidents who has won the second highest votes in

the Presidential election shall serve asActing President if the office of the

President falls vacant due to his resignation, death, permanent disability or

any other cause.

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(b) If the office of the President becomes vacant when the Pyidaungsu Hluttaw

is in session, theActing President shall promptly intimate the Head of the

Pyidaungsu Hluttaw to fill the vacancy within seven days.

(c) On receipt of the intimation from the Acting President, the Head of the

Pyidaungsu Hluttaw shall proceed to elect a Vice-President by the group of

Hluttaw representatives concerned that initially elected the Vice-President

who subsequently got elected President, the office now being vacant.

(d) After the group of Hluttaw representatives concerned has elected a Vice-

President, the Electoral College comprising all the Pyidaungsu Hluttaw

representatives shall elect the President from among the three Vice-

Presidents.

(e) If the office of the President becomes vacant when the Pyidaungsu Hluttaw

is not in session, the Head of the Pyidaungsu Hluttaw shall summon the

Pyidaungsu Hluttaw within 21 days from the day of receipt of the intimation

from the Acting President and proceed to hold election to fill the vacant

office of the President in accord with the above procedure.

(f) If the office of a Vice-President becomes vacant before the expiry of the

term by reason of his resignation, death, permanent disability or any other

causewhenthePyidaungsuHluttawis insession, thePresident shallpromptly

intimate the Head of the Pyidaungsu Hluttaw to elect aVice-President within

seven days by the group of Hluttaw representatives concerned that elected

the said Vice-President.

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(g) When the Pyidaungsu Hluttaw is not in session, the Head of the Pyidaungsu

Hluttaw shall summon the Pyidaungsu Hluttaw within 21 days from the day

of receipt of the intimation from the President and proceed with the election

of a Vice-President by the group of Hluttaw representatives concerned in

accord with the prescribed procedure.

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Chapter IV

Legislature

Chapter IV

Legislature The Pyidaungsu Hluttaw

Formation of the Pyidaungsu Hluttaw

74. The Pyidaungsu Hluttaw comprises of the following two Hluttaws :

(a) in accord with the provisions of Section 109, the Pyithu Hluttaw formed

with Hluttaw representatives elected on the basis of township as well as

populationandHluttawrepresentativesbeing theDefenceServicesPersonnel

nominated by the Commander-in-Chief of the Defence Services;

(b) in accord with the provisions of Section 141, theAmyotha Hluttaw formed

with Hluttaw representatives elected in equal numbers from Regions and

States and Hluttaw representatives being the Defence Services Personnel

nominated by the Commander-in-Chief of the Defence Services.

The Head and the Deputy Heads of the respective Hluttaws

75. On the day of commencement of the first Hluttaw session for each term of the

Hluttaw concerned, the person who is to conduct and supervise the Hluttaw session held

for the takingofaffirmationofofficebyHluttawrepresentativesandforelecting theHluttaw

Speaker and Deputy Speaker shall be called the Chairperson, the Head and the Deputy

Head of the Pyidaungsu Hluttaw shall be called the Speaker and the Deputy Speaker, the

HeadandtheDeputyHeadof thePyithuHluttaw, theAmyothaHluttaw, theRegionHluttaw

or the State Hluttaw shall be called the Speaker and the Deputy Speaker.

Performance of duties by the Speaker and the Deputy Speaker of the Pyidaungsu

Hluttaw

76. (a) The Speaker and the Deputy Speaker of theAmyotha Hluttaw shall also

serve as the Speaker and the Deputy Speaker of the Pyidaungsu Hluttaw

from the day of term of the Pyithu Hluttaw commences up to the end of 30

months and the Speaker and the Deputy Speaker of the Pyithu Hluttaw

shall also serve as the Speaker and the Deputy Speaker of the Pyidaungsu

Hluttaw for the remaining term.

(b) When the Speaker of the Pyidaungsu Hluttaw is unable to perform the

duties of the Speaker, the Deputy Speaker shall temporarily perform the

duties of the Speaker.

Functions of the Speaker of the Pyidaungsu Hluttaw

77. The Speaker of the Pyidaungsu Hluttaw shall :

(a) supervise the Pyidaungsu Hluttaw sessions;

(b) invite the President, if he is intimated of the President’s desire to address

thePyidaungsuHluttaw;

(c) have the right to invite organizations or persons representing any of the

Union level organizations formed under the Constitution to attend the

Pyidaungsu Hluttaw session and give clarifications on matters relating to

ongoing discussions, if necessary;

(d) perform other duties and powers prescribed by the Constitution or any

law.

Convening the Sessions of the Pyidaungsu Hluttaw

78. The first regular session of the Pyidaungsu Hluttaw shall be held within 15 days

from the first day of the commencement of the first session of the Pyithu Hluttaw. The

Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw.

28

79. The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw

regular sessionat leastonceayear.Themaximumintervalbetween the tworegular sessions

shall not exceed twelve months.

80. The following functions shall be carried out at the Pyidaungsu Hluttaw session :

(a) recording the address delivered by the President;

(b) readingandrecordingthemessagesentbythePresidentandothermessages

permitted by the Speaker;

(c) submitting,discussingand resolvingonaBill;

(d) discussing and resolving on the remarks of the President concerning a Bill

approved by the Pyidaungsu Hluttaw;

(e) discussing and resolving on matters to be undertaken by the Pyidaungsu

Hluttaw in accord with the provisions of the Constitution;

(f) discussing, resolvingandrecording thereports submitted to thePyidaungsu

Hluttaw;

(g) submitting proposals, discussing and resolving;

(h) raising questions and replying;

(i) undertaking matters approved by the Speaker of the Pyidaungsu Hluttaw.

81. Matters that require resolutions, consentsandapprovalsof thePyidaungsuHluttaw

shall be implemented as follows :

(a) if the Pyidaungsu Hluttaw is in session, the matter shall be discussed and

resolved at that session;

(b) if the Pyidaungsu Hluttaw is not in session, the matter shall be discussed

and resolved at the nearest Pyidaungsu Hluttaw session;

29

(c) a special session or an emergency session shall be convened to discuss

and resolve matters which need urgent action in the interest of the public.

82. The Speaker of the Pyidaungsu Hluttaw may convene a special session or an

emergency session, if necessary.

83. The Speaker of the Pyidaungsu Hluttaw shall convene a special session or an

emergency session as soon as possible when the President informs him to do so.

84. The Speaker of the Pyidaungsu Hluttaw shall convene a special session as soon

as possible, if at least one-fourth of the total number of the representatives so require.

85. (a) The first day session of the Pyidaungsu Hluttaw shall be valid if more than

half of the total number, who have the right to attend the session, are

present. The session, if invalid, shall be adjourned.

(b) The sessions that are adjourned due to invalidity in accord with the Sub-

Section (a) as well as the valid sessions that are extented shall be valid if at

least one-third of the Hluttaw representatives are present.

86. (a) Amatter that shallberesolved in thePyidaungsuHluttaw,saveasotherwise

provided by the Constitution, shall be determined by a majority of votes

30

of the representatives of the Pyidaungsu Hluttaw who are present and

voting.

(b) The Speaker of the Pyidaungsu Hluttaw or the Deputy Speaker acting as

suchshallnotvote in the first instance,but shall haveandexerciseacasting

vote in the case of an equality of votes.

87. If a representative of the Pyidaungsu Hluttaw is, without permission of the Speaker

of the Pyidaungsu Hluttaw, absent from sessions of the Pyidaungsu Hluttaw for a period of

at least 15 consecutive days, the Speaker shall inform the Hluttaw concerned to take

action against the representative according to the prescribed procedures. In computing

the said period of 15 days, no account shall be taken of any period during which the

session is adjourned.

88. Although there are vacant seats, the Pyidaungsu Hluttaw shall have the right to

carryout its functions.Moreover, theresolutionsandproceedingsof thePyidaungsuHluttaw

shall not be annulled, notwithstanding the acts of some person who was not entitled to do

so sat or voted or took part in the proceedings are later discovered.

89. The proceedings and the records of the Pyidaungsu Hluttaw shall be published.

However, the proceedings and the records prohibited by any law or the resolution of the

Pyidaungsu Hluttaw shall not be published.

90. Members of the organizations representing any of the Union level organizations

formedunder theConstitutionwhileattending thePyidaungsuHluttawwith thepermission

of the Speaker have the right to explain, converse and discuss the Bills and other matters

in connection with the respective organization.

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91. TheUnionlevelorganizationsformedunder theConstitutionmaysubmit thegeneral

situation in connection with the respective organization, which should be submitted to the

Pyidaungsu Hluttaw with the permission of the Speaker.

92. (a) Subject to the provisions of the Constitution and the provisions of the law

relating to the Pyidaungsu Hluttaw, the representatives of the Pyidaungsu

Hluttawshallhavefreedomofspeechandvotingat thePyidaungsuHluttaw

and the Pyidaungsu Hluttaw Joint Committee. Concerning the submitting,

discussing and performing at the Pyidaungsu Hluttaw and the Joint

Committee, no action shall be taken against, a representative of the

Pyidaungsu Hluttaw, except under its law.

(b) Subject to the provisions of the Constitution and the provisions of the law

relatingto thePyidaungsuHluttaw,membersof theorganizationsorpersons

representing any of the Union level organizations formed under the

Constitution who are invited to attend the Pyidaungsu Hluttaw session

have the freedomofspeech.Noactionshallbe takenagainst suchmembers

or persons for their submission and speeches in Pyidaungsu Hluttaw by

other law except under its law.

(c) If the persons mentioned in Sub-Sections (a) and (b) committed assault in

exercising the said privileges, they shall be liable to punishment under the

regulations,by-laws,proceduresof thePyidaungsuHluttawor theexisting

law.

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93. If there is a need to arrest a Pyidaungsu Hluttaw representative attending the

Pyidaungsu Hluttaw session or a person attending the Pyidaungsu Hluttaw session with the

permission or invitation of the Speaker of the Pyidaungsu Hluttaw, credible evidence shall

be submitted to the Speaker of the Pyidaungsu Hluttaw. He shall not be arrested without

the prior permission of the Speaker of the Pyidaungsu Hluttaw.

94. Noactionshallbe instituted relating to the reports, documents, andHluttawrecords

published by the Pyidaungsu Hluttaw or under its authority.

Legislation

95. (a) If aBill initiated in thePyithuHluttawor theAmyothaHluttawisapproved

by both Hluttaws, it shall be deemed that the Bill is approved by the

PyidaungsuHluttaw.

(b) If there is a disagreement between the Pyithu Hluttaw and theAmyotha

Hluttaw concerning a Bill, the Bill shall be discussed and resolved in the

PyidaungsuHluttaw.

96. The Pyidaungsu Hluttaw shall have the right to enact laws for the entire or any part

of the Union related to matters prescribed in Schedule One of the Union Legislative List.

97. (a) When the Pyidaungsu Hluttaw enacts a law, it may :

(i) authorize to issue rules, regulations and by-laws concerning that

lawtoanyUnionlevelorganizationformedunder theConstitution;

(ii) authorize to issue notifications, orders, directives and procedures

to the respective organization or authority.

33

(b) The rules, regulations, notifications, orders, directives, and procedures

issued under the power conferred by any law shall be in conformity with

the provisions of the Constitution and the relevant law.

(c) If both the Pyithu Hluttaw and theAmyotha Hluttaw resolve to annul or

amend any rule, regulation or by-law, it shall be deemed that the rule,

regulation, or by-law is annulled or amended by the Pyidaungsu Hluttaw.

(d) If there is a disagreement to annul or amend any rule, regulation or by-law

between thePyithuHluttawand theAmyothaHluttaw, it shallbediscussed

and resolved at the Pyidaungsu Hluttaw.

(e) If a resolution is passed to annul or amend any rule, regulation or by-law

under Sub-Section (c) or (d), the resolution shall be without prejudice to

thevalidityofanyactionpreviously takenunder therelevant rule, regulation

or by-law.

Legislation relating to Other Matters

98. The legislative power is vested in the Pyidaungsu Hluttaw relating to other matters

not enumerated in the legislative list of the Union, Region or State and Self-Administered

Division Leading Body or Self-Administered Zone Leading Body.

Legislation relating to Union Territories

99. The Pyidaungsu Hluttaw shall enact the required laws if the need arises to do so

for the Union territories relating to matters for which legislative powers are vested to the

34

Region Hluttaw or the State Hluttaw, or Self-Administered Division Leading Body or

Self-Administered Zone Leading Body.

Submission of Bill

100. (a) The Union level organizations formed under the Constitution shall have

the right tosubmit theBills relating tomatters theyadministeredamong the

matters included in theUnionLegislativeList to thePyidaungsuHluttawin

accord with the prescribed procedures.

(b) Bills relating to national plans, annual budgets and taxation, which are to

be submitted exclusively by the Union Government shall be discussed and

resolved at the Pyidaungsu Hluttaw in accord with the prescribed

procedures.

101. The Bills submitted to the Pyidaungsu Hluttaw by the Union level organizations

formed under the Constitution, except the Bills that are prescribed in the Constitution to be

discussed and resolved exclusively at the Pyidaungsu Hluttaw, are entitled to initiate and

discuss at either the Pyithu Hluttaw or theAmyotha Hluttaw in accord with the prescribed

procedures.

102. The Bills, which are to be discussed and resolved exclusively at the Pyidaungsu

Hluttaw need to be vetted before being discussed at the Pyidaungsu Hluttaw, those Bills

shall be vetted jointly by the Pyithu Hluttaw Bill Committee and theAmyotha Hluttaw Bill

Committee, and the findingsandremarksof theJointCommittee togetherwith theBillmay

be submitted to the Pyidaungsu Hluttaw session in accord with the prescribed procedures.

Submission of the Union Budget Bill

103. (a) The President or the person assigned by him, on behalf of the Union

Government,shall submit theUnionBudgetBill to thePyidaungsuHluttaw.

35

(b) Thefollowingmatters included in theUnionBudgetBill shallbediscussed

at the Pyidaungsu Hluttaw but not refused or curtailed :

(i) salary and allowance of Heads and Members of the Union level

organizations formed under the Constitution and expenditures of

thoseorganizations;

(ii) debts for which the Union is liable and expenses relating to the

debts, and other expenses relating to the loans taken out by the

Union;

(iii) expenditures required to satisfy judgment, order, decree of any

Court orTribunal;

(iv) other expenditures which are to be charged by any existing law or

any international treaty.

(c) Approval, refusal and curtailing of other expenditures except the

expenditures specified in Sub-Section (b) shall be passed by the majority

consent of the Pyidaungsu Hluttaw.

(d) The Union Government shall perform as necessary in accord with the

Union Budget Law enacted by the Pyidaungsu Hluttaw.

(e) If in respect of the relevant financial year a need has arisen to authorize the

estimated receipts and authorized expenditures in the Union Budget Law

enacted by the Pyidaungsu Hluttaw and in addition to estimate receipts

and to authorize expenditures, the SupplementaryAppropriation law shall

be enacted in the above manner.

(f) The Union Government shall perform as necessary in accord with the

SupplementaryAppropriation Law enacted by the Pyidaungsu Hluttaw.

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Ordinance

104. When the President after promulgating an Ordinance submits it to the Pyidaungsu

Hluttaw for approval, the Pyidaungsu Hluttaw shall :

(a) resolve to approve the Ordinance or not;

(b) if it is approved determine the period, the Ordinance shall continue to be

in operation;

(c) if it is disapproved, cease to operate from the day of its disapproval.

Promulgation as Law

105. (a) The President shall sign the Bills approved or the Bills deemed to be

approved by the Pyidaungsu Hluttaw, within 14 days after the day of

receipt, and shall promulgate it as Law.

(b) The President, within the prescribed period, may send the Bill back to the

Pyidaungsu Hluttaw together with his comments.

(c) If the President does not send the Bill back to the Pyidaungsu Hluttaw

together with his signature and comments within the prescribed period, or

if thePresidentdoesnot sign topromulgate,on thedayafter thecompletion

of that period, the Bill shall become a law as if he had signed it.

106. (a) If the President sends the Bill back to the Pyidaungsu Hluttaw together

with his comments within the prescribed period, the Pyidaungsu Hluttaw,

after discussion of the President’s comments, may accept his comment

37

and resolve to amend the Bill or may resolve to approve the Bill as it is

without accepting the President’s comment.

(b) When the Bill which is amended in accord with the President’s comment

or the Bill which is approved as it is without accepting the President’s

comment is sent back to him by the resolution of the Pyidaungsu Hluttaw,

the President shall sign the Bill and promulgate it as law within seven days

after receiving the Bill back.

(c) If theBill sentbackbythePyidaungsuHluttawisnotsignedbythePresident

within the prescribed period, it shall become law as if he had signed it on

the last day of the prescribed period.

107. The laws signed by the President or the laws deemed to have been signed by him

shallbepromulgatedbypublicationin theofficialgazette.TheLawshallcomeintooperation

on the day of such promulgation unless the contrary intention is expressed.

108. ThePyidaungsuHluttaw:

(a) shallgivetheresolutiononmattersrelatingtoratifying,annullingandrevoking

from international, regional or bilateral treaties, agreements submitted by

the President;

(b) may confer the authority on the President to conclude, annul and revoke

anykindof international, regionalorbilateral treatiesoragreementswithout

the approval of the Pyidaungsu Hluttaw.

38

Pyithu Hluttaw

Formation of the Pyithu Hluttaw

109. ThePyithuHluttawshallbeformedwithamaximumof440Hluttawrepresentatives

as follows :

(a) not more than 330 Pyithu Hluttaw representatives elected prescribing

electorate inaccordwith lawon thebasisof townshipaswell aspopulation

or combining with an appropriate township which is contagious to the

newly-formed township if it is more than 330 townships;

(b) not more than 110 Pyithu Hluttaw representatives who are the Defence

Servicespersonnelnominatedby theCommander-in-Chiefof theDefence

Services in accord with the law.

Election of the Pyithu Hluttaw Chairperson

110. (a) A Pyithu Hluttaw representative shall be elected as the Chairperson at the

commencement of the first session of the Pyithu Hluttaw for its term.

(b) TheChairpersonshall takeanaffirmationofofficebeforethePyithuHluttaw;

(c) The Chairperson shall supervise the Pyithu Hluttaw session up to the

completion of the election of the Speaker and the Deputy Speaker of the

PyithuHluttaw.

Election of the Speaker and the Deputy Speaker of the Pyithu Hluttaw

111. (a) (i) The Pyithu Hluttaw representatives shall elect a Speaker and a

Deputy Speaker from among the Pyithu Hluttaw representatives.

39

(ii) When the seat of the Speaker or the Deputy Speaker becomes

vacant, the substitution shall be made at the nearest session of the

PyithuHluttaw.

(iii) When the Speaker is unable to perform the duties of the Speaker,

the Deputy Speaker shall temporarily perform the duties of the

Speaker.

(b) The lawrelating toprocedures toelect theSpeakerand theDeputySpeaker

of the Pyithu Hluttaw shall be enacted.

Functions of the Speaker of the Pyithu Hluttaw

112. The Speaker of the Pyithu Hluttaw shall :

(a) supervise the Pyithu Hluttaw sessions;

(b) invite the President, if he is intimated of the President’s desire to address

thePyithuHluttaw;

(c) have the right to invitemembersof theorganizationorpersons representing

any of the Union level organizations formed under the Constitution to

attend the Pyithu Hluttaw and give clarifications on matters relating to

ongoing discussions of the Pyithu Hluttaw session, if necessary;

(d) perform other duties and exercise powers prescribed by the Constitution

or any law.

Performance and termination of duties of the Speaker and the Deputy Speaker

of the Pyithu Hluttaw

113. (a) The Speaker and the Deputy Speaker of the Pyithu Hluttaw shall perform

their duties until the first session of the next term of the Pyithu Hluttaw is

held.

40

(b) If the Speaker or the Deputy Speaker resigns or has ceased to be a

Pyithu Hluttaw representative, or has no right to continue to stand as a

Pyithu Hluttaw representative, or is suspended from his position as the

Speaker or the Deputy Speaker by the Pyithu Hluttaw, or has passed

away, he shall have ceased from his position.

114. Duties, powers and rights of the Speaker and the Deputy Speaker of the Pyithu

Hluttaw shall be prescribed by law.

Formation of the Pyithu Hluttaw Committee, Commission and Bodies

115. (a) ThePyithuHluttawshall formBillCommittee,PublicAccountsCommittee,

Hluttaw Rights Committee, and Government’s Guarantees, Pledges and

UndertakingsVetting Committee with the Pyithu Hluttaw representatives.

(b) When the occasion arises to have studies made and submitted on defence

and security matters or Military affairs, the Pyithu Hluttaw shall form the

Defence and Security Committee with the Pyithu Hluttaw representatives

who are the Defence Services Personnel, for a limited time. The Defence

and Security Committee so formed may, if necessary, be included suitable

PyithuHluttawrepresentativeswhoarenot theDefenceServicesPersonnel

in accord with the volume of work.

(c) If there arises a need to study and submit other affairs, in addition to

legislature, executive,national racesaffairs, economics, finance, social and

foreignaffairs,HluttawCommitteesmaybeformedwiththePyithuHluttaw

representatives for a limited time.

(d) ThePyithuHluttawshalldeterminethenumberofmembers,duties,powers,

rights, and terms of Pyithu Hluttaw Committees.

41

116. If there arises a certain matter to co-ordinate with theAmyotha Hluttaw, the Pyithu

Hluttaw may elect and assign its representatives who will serve with the Joint Committee

comprising an equal number of representatives from the Pyithu Hluttaw and theAmyotha

Hluttaw to form that Committee. The term of the Joint Committee shall be until the time

they have submitted the report to the Hluttaw concerned.

117. When both the Pyithu Hluttaw and theAmyotha Hluttaw have certain matters to

study, apart from matters to be performed by the Committees as prescribed in Sub-

Sections (a) and (b) of Section 115, the Speakers of these Hluttaws may co-ordinate

among themselves and form a Joint Committee comprising an equal number of

representatives from the Pyithu Hluttaw and theAmyotha Hluttaw. The Pyithu Hluttaw

may elect and assign the Pyithu Hluttaw representatives included in that Committee. The

term of the Joint Committee shall be until the time they have submitted the report to the

Hluttaw concerned.

118. (a) If there arises a need to study the remaining matters other than those

studied by the Pyithu Hluttaw Committees, the Pyithu Hluttaw may form

Commissions and Bodies with the Pyithu Hluttaw representatives or

includingsuitablecitizens.

(b) In forming the above Commissions and Bodies, the Pyithu Hluttaw shall

determine the number of members, duties, powers, rights, and the terms

of the said Commissions and Bodies.

Term of the Pyithu Hluttaw

119. The term of the Pyithu Hluttaw is five years from the day of its first session.

42

Qualification of the Pyithu Hluttaw representatives

120. Persons who possess the following qualifications shall be entitled to be elected as

the Pyithu Hluttaw representatives :

(a) person who has attained the age of 25 years;

(b) citizen who was born of both parents who are citizens;

(c) personwhohasresidedintheUnionof Myanmarforat least tenconsecutive

years up to the time of his election as Pyithu Hluttaw representative;

Proviso: Theofficialperiodofstay inaforeigncountrywith thepermission

of the Union shall be counted as a residing period in the Union,

(d) person who possesses qualifications prescribed by the Election Law.

Disqualification for the Pyithu Hluttaw Representatives

121. The following persons shall not be entitled to be elected as the Pyithu Hluttaw

representatives :

(a) apersonservingprisonterm,havingbeenconvictedbytheCourtconcerned

for having committed an offence;

(b) a person who has no right to be elected a Pyithu Hluttaw representative

duetohavingcommittedanoffencerelatingtodisqualificationfor thePyithu

Hluttaw representative and being convicted for such offence, unless the

period specified by the authority for him has not expired, before or after

the Constitution comes into operation;

(c) person who is of unsound mind as adjudged by the relevant law;

(d) person who is an undischarged insolvent as being declared by the relevant

court;

(e) person who owes allegiance to a foreign government, or subject to a

foreign government or a citizen of a foreign country;

43

(f) person who is entitled to enjoy the rights and privileges of a subject of a

foreign government or a citizen of a foreign country;

(g) person himself or is of a member of an organization who obtains and

utilizesdirectlyor indirectly the supportofmoney, land,housing,building,

vehicle, property, so forth, from government or religious organization or

other organizations of a foreign country;

(h) person himself or is of a member of an organization who abets the act of

inciting, giving speech, conversing or issuing declaration to vote or not to

vote based on religion for political purpose;

(i) member of a religious order;

(j) Civil Services personnel;

Proviso: The expression shall not be applied to Civil Services

personnel including the Defence Services personnel

selected and appointed in the Hluttaws and organizations

formed under the Constitution.

(k) person himself or is of a member of an organization who obtains and

utilizesdirectlyor indirectlytheState-ownedmoney, land,housing,building,

vehicle, property, so forth;

Proviso: (i) The expression ‘State-owned money’ does not include

pension, allowance, money or salary, allowances, money

officially granted by the Union for services rendered for

the benefit of the Union;

(ii) The expression ‘State-owned land, housing, building,

vehiclesandproperty’doesnot includeState-owned land,

housing, building and apartments, other building and

44

apartments,State-ownedaircraft, trains,vesselsandmotor

vehiclesandproperty, so forth,whichhavebeenpermitted

by the Union to be used under an existing law or as

required by duty, or leased from the Union on payment.

(l) a person who has no right to be elected a Pyithu Hluttaw representative

due to having committed a malpractice under relating to the Election Law

or acting an omission relating to disqualification for a Pyithu Hluttaw

representativebeingconvictedunder theElectionLaw, theperiodspecified

by the authority for him has not expired, before or after the Constitution

comes into operation.

Qualifications of the Pyithu Hluttaw representatives who are the Defence Services

personnel

122. The Defence Services personnel, nominated by the Commander-in-Chief of the

DefenceServicesasPyithuHluttawrepresentativeswhoare theDefenceServicespersonnel

in accord with the law, shall possess the prescribed qualifications for the Pyithu Hluttaw

representatives.

Convening the Pyithu Hluttaw Session

123. The first regular session of a term of the Pyithu Hluttaw shall be held within 90

days after the commencement of the general election.

124. (a) The first regular session of the Pyithu Hluttaw shall be held by the State

Peace and Development Council after the Constitution comes into

operation.

(b) The first regular sessions for the forthcoming terms of the Pyithu Hluttaw

shallbeheldbytheSpeakerof thePyithuHluttawwhocontinues toperform

his duties in accord with the provisions of the Constitution.

45

125. (a) Therepresentativesof thePyithuHluttawshall takeanaffirmationofoffice

as mentioned in Schedule Four before the Chairperson of the Pyithu

Hluttaw at the first regular session of the Pyithu Hluttaw.

(b) The representatives of the Pyithu Hluttaw who have not taken an

affirmation of office shall do so before the Speaker of the Hluttaw at the

session of the Pyithu Hluttaw at which they first attend.

126. The Speaker of the Pyithu Hluttaw shall convene the regular session at least once

a year. The maximum interval between regular sessions shall not exceed 12 months.

127. The following functions shall be carried out at the Pyithu Hluttaw session :

(a) recording the address delivered by the President;

(b) reading and recording the message sent by the President and other

messages permitted by the Speaker;

(c) submitting,discussingand resolvingonaBill;

(d) discussing and resolving on the matters to be undertaken by the Pyithu

Hluttaw in accord with the provisions of the Constitution;

(e) discussing, resolving and recording the reports submitted to the Pyithu

Hluttaw;

(f) submitting proposals, discussing and resolving;

(g) raising questions and replying;

(h) performing matters approved by the Speaker of the Pyithu Hluttaw.

128. (a) The first day session of the Pyithu Hluttaw shall be valid if more than half

of the total number of the Hluttaw representatives, who have the right to

attend the session, are present. The session, if invalid, shall be adjourned.

46

(b) The sessions that are adjourned due to invalidity in accord with the

Sub-Section (a) as well as the valid sessions that are extended will be

valid if at least one-third of the Hluttaw representatives are present.

129. (a) Amatter that shall be resolved in the Pyithu Hluttaw, save as otherwise

provided by the Constitution, shall be determined by a majority of votes

of the Pyithu Hluttaw representatives who are present and voting.

(b) The Speaker of the Pyithu Hluttaw or the Deputy Speaker discharging

dutiesas theSpeakerat thePyithuHluttawshallnotvote in the first instance

in the sessions of the Pyithu Hluttaw, but shall have and exercise a casting

vote in the matter of an equality of votes.

130. (a) If a Pyithu Hluttaw representative is, without permission of the Pyithu

Hluttaw, absent from a Pyithu Hluttaw session for a period of at least 15

consecutive days, the Pyithu Hluttaw may declare his seat vacant. In

computing the said period of 15 days, no account shall be taken of any

period during which the session is adjourned.

(b) If the Speaker of the Pyidaungsu Hluttaw informed the Pyithu Hluttaw

that a Pyithu Hluttaw representative is absent from a Pyidaungsu Hluttaw

session for a period of 15 consecutive days without permission, the Pyithu

Hluttaw shall take action against the said representative in accord with the

prescribed procedures.

47

131. Although there are vacant seats, the Pyithu Hluttaw shall have the right to carry out

its functions. Moreover, the resolutions and proceedings of the Pyithu Hluttaw shall not be

annulled, notwithstanding the acts of some person who was not entitled to do so sat or

voted or took part in the proceedings are later discovered.

132. Theproceedingsandtherecordsof thePyithuHluttawshallbepublished.However,

the proceedings and the records prohibited by any law or the resolution of the Pyithu

Hluttaw shall not be published.

133. (a) Subject to the provisions of the Constitution and the law relating to the

Pyithu Hluttaw, the Pyithu Hluttaw representatives shall have freedom of

speechandvotingat thePyithuHluttawandthePyithuHluttawCommittee.

Concerningthediscussing,submittingandperformingat thePyithuHluttaw

and the Pyithu Hluttaw Committees, no action shall be taken against a

Pyithu Hluttaw representative except under its law.

(b) Subject to the provisions of the Constitution and the provisions of the law

relating to the Pyithu Hluttaw, members of the organizations or persons

representing any of the Union level organizations formed under the

Constitution who are permitted or invited to attend the session of the

Pyithu Hluttaw or any committee of the Pyithu Hluttaw have the freedom

of speech at the Pyithu Hluttaw and the Pyithu Hluttaw Committees. No

actionshallbe takenagainst suchmembersorpersons for their submissions

and speeches in the Pyithu Hluttaw and the Pyithu Hluttaw Committees

by other law except under its law.

48

(c) If the persons mentioned in Sub-Sections (a) and (b) committed assault in

exercising the said privileges, they shall be liable to punishment under the

regulations,by-laws,proceduresof thePyithuHluttawor theexisting laws.

134. (a) If there is a need to arrest a Pyithu Hluttaw representative attending the

sessionorapersonattendingthePyithuHluttawsessionwith thepermission

or invitation of the Speaker of the Pyithu Hluttaw, the credible evidence

shall be submitted to the Speaker of the Pyithu Hluttaw. He shall not be

arrested without the prior permission of the Speaker of the Pyithu Hluttaw.

(b) If there is a need to arrest a member of a Committee or Commission or

the Body of the Pyithu Hluttaw attending session of any Committee or

session of Commission or the Body formed by the Pyithu Hluttaw, the

credible evidence shall be submitted to the Speaker of the Pyithu Hluttaw

through the Head of the Committee or Commission or Body concerned.

He shall not be arrested without the prior permission of the Speaker of the

PyithuHluttaw.

(c) If a Pyithu Hluttaw representative is arrested, the Pyithu Hluttaw or the

Pyithu Hluttaw Committee or the Commission or the Body formed by the

Pyithu Hluttaw is not in session, the credible evidence in support of such

arrest shall as soon as possible be submitted to the Speaker of the Pyithu

Hluttaw.

135. Noactionshallbe instituted relating to the reports, documents, andHluttawrecords

published by the Pyithu Hluttaw or under its authority.

49

Submission of Bill

136. Bills relating to other matters , except the matters prescribed in the Constitution

that the Bill shall be submitted and passed exclusively by the Pyidaungsu Hluttaw stated in

the Schedule One of Union Legislative List, shall be initiated in the Pyithu Hluttaw in

accord with the prescribed procedures.

137. (a) After issuing any rule, regulation or by-law in accord with the law enacted

by thePyidaungsuHluttaw, theBodyconcernedshalldistributeandsubmit

the said rule, regulation or by-law to its representatives at the nearest

regular session of the Pyithu Hluttaw with the permitted arrangement of

the Speaker of the Hluttaw.

(b) If it is found that a rule, regulation or by-law is in conformity with the

provisions of relevant law, Hluttaw representatives may move to annul or

amend the rule, regulation or by-law to the Pyithu Hluttaw within 90 days

from the day that rule, regulation or by-law is submitted and distributed.

(c) If there is a disagreement between the Pyithu Hluttaw and theAmyotha

Hluttaw to annul or amend any rule, regulation or by-law, it shall be

submitted to the Pyidaungsu Hluttaw.

138. (a) If Bills submitted by any Union level organization formed under the

Constitution are sent in accord with the prescribed procedures of the

Pyidaungsu Hluttaw, it shall be deemed that such Bills are initiated in the

Pyithu Hluttaw, and shall be discussed and resolved in the Pyithu Hluttaw.

(b) Bills relating to other matters , except the matters prescribed in the

Constitution that the Bill shall be submitted and passed exclusively by the

50

Pyidaungsu Hluttaw stated in the Union Legislative List, shall be initiated

in the Pyithu Hluttaw in accord with the law. Such Bills shall be discussed

and resolved by the Pyithu Hluttaw under the prescribed procedures.

(c) TheBillspassedbythePyithuHluttawshallbesent to theAmyothaHluttaw

to continue to discuss and resolve.

139. (a) After receiving a Bill sent by theAmyotha Hluttaw, the Pyithu Hluttaw

may resolve to agree or disagree, or agree with amendments in accord

with the resolution of theAmyotha Hluttaw. The Bill shall be sent back to

theAmyotha Hluttaw together with the resolution of the Pyithu Hluttaw.

(b) When the Pyithu Hluttaw recieves the Bill with amendments from the

Amyotha Hluttaw it shall, if it accepts the Bill with amendments of the

Amyotha Hluttaw, send to the Speaker of the Pyidaungsu Hluttaw.

(c) If there is a disagreement between the Pyithu Hluttaw and theAmyotha

Hluttawrelating to theBill sent to theAmyothaHluttaw, thePyithuHluttaw

shall take the resolution of the Pyidaungsu Hluttaw.

140. Members of the organization representing any Union level Body formed under the

Constitution are entitled :

(a) to explain, converse and discuss Bills or matters relating to their Bodies

when they are attending the Pyithu Hluttaw session with the permission of

the Speaker of the Pyithu Hluttaw;

(b) to explain, converse and discuss Bills or matters relating to their Bodies

when they are attending sessions of the Committees, Commissions and

Bodies of the Pyithu Hluttaw with the permission of the Head of the

Committee, Commission or Body concerned.

51

Amyotha Hluttaw

Formation of theAmyotha Hluttaw

141. The Amyotha Hluttaw shall be formed with a maximum of 224 Hluttaw

representatives as follows :

(a) 168Amyotha Hluttaw representatives elected in an equal number of 12

representatives from each Region or State inclusive of relevant Union

territories and including one representative from each Self-Administered

Division or Self-Administered Zone;

(b) 56 Amyotha Hluttaw representatives who are the Defence Services

personnelnominatedby theCommander-in-Chiefof theDefenceServices

in accord with the law, four representatives from each Region or State

inclusive of relevant Union territories;

(c) in forming theAmyotha Hluttaw as mentioned in Sub-Sections (a) and

(b), the relevant Union Territory means the Union Territories, prescribed

under the Constitution, or prescribed by law of the Pyidaungsu Hluttaw,

which are inclusive in State or Division, Region or State for the purpose of

electing theAmyotha Hluttaw representative.

Election of Chairperson of the Amyotha Hluttaw

142. Election of Chairperson of theAmyotha Hluttaw shall be carried out subject to the

provisions relating to the election of Chairperson of the Pyithu Hluttaw under Section 110.

52

Election of the Speaker and the Deputy Speaker of the Amyotha Hluttaw

143. Election of the Speaker and the Deputy Speaker of theAmyotha Hluttaw shall be

carried out subject to the provisions relating to the election of the Speaker and the Deputy

Speaker of the Pyithu Hluttaw under Section 111.

Duties of the Speaker of the Amyotha Hluttaw

144. Thedutiesof theSpeakerof theAmyothaHluttawshallbe subject to theprovisions

relating to the duties of the Speaker of the Pyithu Hluttaw under Section 112.

Performance and termination of duties of the Speaker and the Deputy Speaker of

theAmyotha Hluttaw

145. Performance and termination of duties of the Speaker and the Deputy Speaker of

theAmyotha Hluttaw shall be subject to the provisions relating to the performance and

termination of duties of the Speaker and the Deputy Speaker of the Pyithu Hluttaw under

Section 113.

146. Duties, powers and rights of the Speaker and the Deputy Speaker of the Amyotha

Hluttaw shall be prescribed by law.

Formation of the Amyotha Hluttaw Committees, Commissions and Bodies

147. (a) The Amyotha Hluttaw shall form Bill Committee, Public Accounts

Committee, Hluttaw Rights Committee, and Government’s Guarantees,

Pledges and UndertakingsVetting Committee with the Amyotha Hluttaw

representatives.

(b) When the occasion arises to have studies made and submitted on defence

and security matters or Military affairs, the Amyotha Hluttaw shall form

the Defence and Security Committee with the Amyotha Hluttaw

representatives who are the Defence Services personnel, for a limited

53

time. The Defence and Security Committee so formed may, if necessary,

be included suitable Amyotha Hluttaw representatives who are not the

Defence Services personnel in accord with the volume of work.

(c) If there arises a need to study and submit on other affairs, in addition to

legislature, executive,national racesaffairs, economics, finance, social and

foreign affairs, the Hluttaw Committees may be formed with theAmyotha

Hluttaw representatives for a limited time.

(d) TheAmyotha Hluttaw shall determine the number of members, duties,

powers, rights, and term of the Amyotha Hluttaw Committees.

148. If there arises a certain matter to co-ordinate with the Pyithu Hluttaw, the Amyotha

Hluttaw may elect and assign its representatives who will serve with the Joint Committee

comprising an equal number of representatives from the Amyotha Hluttaw and the Pyithu

Hluttaw to form that Committee. The term of the Joint Committee shall be until the time

they have submitted the report to the Hluttaw concerned.

149. When both theAmyotha Hluttaw and the Pyithu Hluttaw have certain matters to

study, apart from matters to be performed by the Committees as prescribed in Sub-

Sections (a) and (b) of Section 147, the Speakers of these Hluttaws may co-ordinate

among themselves and form a Joint Committee comprising an equal number of

representatives from the Amyotha Hluttaw and the Pyithu Hluttaw.The Amyotha Hluttaw

may elect and assign the Amyotha Hluttaw representatives included in that Committee.

The term of the Joint Committee shall be until the time they have submitted the report to

the Hluttaw concerned.

150. Formation of theAmyotha Hluttaw Commissions and Bodies of theAmyotha

Hluttawshallbecarriedoutsubject to theprovisionsrelatingtotheformationof Commission

and Bodies of the Pyithu Hluttaw under Section 118.

54

Term of the Amyotha Hluttaw

151. The term of the Amyotha Hluttaw is the same as the term of the Pyithu Hluttaw.

The term of theAmyotha Hluttaw expires on the day of the expiry of the Pyithu Hluttaw.

Qualifications of the Amyotha Hluttaw representatives

152. TheAmyotha Hluttaw representatives shall be :

(a) persons who have attained the age of 30 years;

(b) personswhohavequalifications,with theexceptionof theage limit, entitled

to be elected as Pyithu Hluttaw representatives prescribed under Section

120;

(c) persons whose qualifications does not breach the provisions under Section

121 which disqualified a person from standing for election as the Pyithu

Hluttaw representatives.

Qualifications of the Amyotha Hluttaw representatives who are the Defence

Services personnel

153. The Defence Services personnel, nominated by the Commander-in-Chief of the

Defence Services as theAmyotha Hluttaw representatives who are the Defence Services

personnel inaccordwith the law,shallpossess theprescribedqualifications for theAmyotha

Hluttaw representatives.

Convening of theAmyotha Hluttaw Session

154. (a) The commencement of the term of theAmyotha Hluttaw is the day of the

commencement of the term of the Pyithu Hluttaw.

(b) Thefirst regular sessionof theAmyothaHluttawshallbeheldwithinseven

days after the commencement of the term of that Hluttaw.

155. ConveningtheAmyothaHluttawsessionshallbecarriedoutsubject totheprovisions

relating to convening of the Pyithu Hluttaw sessions under Sections 124 to 135.

55

Submission of Bill

156. Bills relating to other matters, except the matters prescribed in the Constitution

that the Bill was submitted and passed exclusively by the Pyidaungsu Hluttaw stated in

UnionLegislativeList, shallbeinitiatedintheAmyothaHluttawinaccordwiththeprescribed

procedures.

157. (a) After issuing a rule, regulation or by-law in accord with the law enacted

by thePyidaungsuHluttaw, theBodyconcernedshalldistributeandsubmit

the said rule, regulation or by-law to its representatives at the nearest

regular session of theAmyotha Hluttaw with the permitted arrangement of

the Speaker of the Hluttaw.

(b) If it is found that a rule, regulation or by-law is in conformity with the

provisions of relevant law, Hluttaw representatives may move to annul or

amend the rule, regulation or by-law to theAmyotha Hluttaw within 90

days from the day that rule, regulation or by-law is submitted and

distributed.

(c) If there is a disagreement between theAmyotha Hluttaw and the Pyithu

Hluttaw to annul or amend any rule, regulation or by-law, it shall be

submitted to the Pyidaungsu Hluttaw.

158. (a) If Bills submitted by any Union level organization formed under the

Constitution are sent in accord with prescribed procedures of the

Pyidaungsu Hluttaw, it shall be deemed that such Bills are initiated in the

Amyotha Hluttaw, and shall be discussed and resolved in theAmyotha

Hluttaw.

(b) Bills relating to other matters, except the matters prescribed in the

Constitution that the Bill was submitted and passed exclusively by the

PyidaungsuHluttawstated in theUnionLegislativeList shallbe initiated in

56

theAmyotha Hluttaw in accord with the law. Such Bills shall be discussed

and resolved by theAmyotha Hluttaw under the prescribed procedures.

(c) TheBillspassedbytheAmyothaHluttawshallbesent to thePyithuHluttaw

to continue to discuss and to resolve.

159. (a) After receiving a Bill sent by the Pyithu Hluttaw, theAmyotha Hluttaw

may resolve to agree or disagree, or agree with amendments in accord

with the resolution of the Pyithu Hluttaw.The Bill shall be sent back to the

Pyithu Hluttaw together with the resolution of theAmyotha Hluttaw.

(b) When theAmyotha Hluttaw recieves the Bill with amendments from the

Pyithu Hluttaw it shall, if it accepts the Bill with amendments of the Pyithu

Hluttaw, send to the Speaker of the Pyidaungsu Hluttaw.

(c) If there is a disagreement between theAmyotha Hluttaw and the Pyithu

Hluttawrelating to theBill sent to thePyithuHluttaw, theAmyothaHluttaw

shall obtain the resolution of the Pyidaungsu Hluttaw.

160. Members representing any Union level Body formed under the Constitution are

entitled :

(a) to explain, converse and discuss Bills or matters relating to their Bodies

when theyareattending theAmyothaHluttawsessionwith thepermission

of the Speaker of theAmyotha Hluttaw;

(b) to explain, converse and discuss Bills or matters relating to their Bodies

when they are attending sessions of the Committees, Commissions and

Bodies of theAmyotha Hluttaw with the permission of the Head of the

Committee, Commission or Body concerned.

57

Region Hluttaw or State Hluttaw

Formation of the Region Hluttaw or the State Hluttaw

161. The Region or State Hluttaw shall be formed with the following persons :

(a) representatives of the Region or State Hluttaw, two of each are elected

from each township in the Regions or the States;

(b) representatives of the Region Hluttaw, each is elected from each national

race determined by the authorities concerned as having a population

which constitutes 0.1 percent and above of the population of the Union,

of the remainingnational racesother than thosewhohavealreadyobtained

the respective Region or a Self-AdministeredArea in that Region;

(c) representatives of the State Hluttaw, each is elected from each national

race determined by the authorities concerned as having a population

which constitutes 0.1 percent and above of the population of the Union,

of the remainingnational racesother than thosewhohavealreadyobtained

respective State or a Self-AdministeredArea in that State;

(d) representatives of the Region or State Hluttaw who are the Defence

Servicespersonnelnominatedby theCommander-in-Chiefof theDefence

Services in accord with the law for an equal number of one-third of the

total number of Hluttaw representatives elected under Sub-Sections (a)

and (b) or (a) and (c).

58

Election of the Chairperson of the Region or State Hluttaw

162. Election of Chairperson of the Region Hluttaw or the State Hluttaw shall be carried

out subject to the provisions relating to the election of Chairperson of the Pyithu Hluttaw

under Section 110.

Election of the Speaker and the Deputy Speaker of the Region Hluttaw or the

State Hluttaw

163. Election of the Speaker and the Deputy Speaker of the Region Hluttaw or the

State Hluttaw shall be carried out subject to the provisions relating to the election of the

Speaker and the Deputy Speaker of the Pyithu Hluttaw under Section 111.

Duties of the Speaker of the Region Hluttaw or the State Hluttaw

164. The Speaker of the Region Hluttaw or the State Hluttaw shall :

(a) supervise the Region Hluttaw or the State Hluttaw sessions;

(b) invite the President, if he is informed of the President’s desire to address

the Region Hluttaw or the State Hluttaw;

(c) make necessary arrangement if the Chief Minister of the Region or State

informs his desire to address;

(d) have the right to invitemembersof theorganizationorpersons representing

any Region or State level organization formed under the Constitution to

attend the session of the Region Hluttaw or the State Hluttaw and give

clarifications on matters relating to ongoing discussions, if necessary;

(e) perform other duties and powers prescribed by the Constitution or any

law.

59

Performance and termination of duties of the Speaker and the Deputy Speaker of

the Region Hluttaw or the State Hluttaw

165. Performance and termination of duties of the Speaker and the Deputy Speaker of

the Region Hluttaw or the State Hluttaw shall be subject to the provisions relating to the

performance and termination of duties of the Speaker and the Deputy Speaker of the

Pyithu Hluttaw in Section 113.

166. Duties, powers and rights of the Speaker and the Deputy Speaker of the Region

Hluttaw or the State Hluttaw shall be prescribed by law.

Formation of the Region Hluttaw or the State Hluttaw Committee and Bodies

167. (a) TheRegionHluttawortheStateHluttawmay, ifnecessary, formCommittee

and Bodies with the Region or State Hluttaw representatives concerned

to study and submit legislation, national races affairs vested by the

Constitution.

(b) The Region Hluttaw or the State Hluttaw may form above Committees

and Bodies including suitable citizens.

(c) The Region Hluttaw or the State Hluttaw shall prescribe the number of

members, duties, powers, rights and terms of the Committees or Bodies

in forming those Committees and Bodies.

Term of the Region Hluttaw or the State Hluttaw

168. The term of the Region or State Hluttaw is the same as the term of the Pyithu

Hluttaw. The term of the Region or State Hluttaw expires on the day of the expiry of the

PyithuHluttaw.

60

Qualifications of the Region Hluttaw or the State Hluttaw representatives

169. The Region or State Hluttaw representatives shall :

(a) have qualifications entitled to be elected as the Pyithu Hluttaw

representatives under Section 120;

(b) shall be subject to the provisions of Section 121 which provide the

disqualifications to be elected as the Pyithu Hluttaw representatives.

Qualifications of the Region or State Hluttaw representatives who are Defence

Services personnel

170. The Defence Services personnel, nominated by the Commander-in-Chief of the

Defence Services as the Region or State Hluttaw representatives who are the Defence

Services personnel in accord with the law, shall possess the prescribed qualifications for

the Region or State Hluttaw representatives.

Convening the Region or State Hluttaw Sessions

171. (a) The commencement of the term of the Region or State Hluttaw is the day

of the commencement of the term of the Pyithu Hluttaw.

(b) The first regular sessionof theRegionorStateHluttawshallbeheldwithin

15 days after the commencement of the term of the Hluttaw.

172. (a) The first regular session of the Region or State Hluttaw shall be convened

by the State Peace and Development Council after the Constitution comes

into operation.

(b) The first regular sessions for the forthcoming terms of the Region or State

Hluttaw shall be held by the Speaker of the Region or State Hluttaw who

61

continues to perform his duties in accord with the provisions of the

Constitution.

173. (a) Therepresentativesof theRegionorState Hluttawshall takeanaffirmation

of office as mentioned in Schedule Four before the Chairperson of the

Region or State Hluttaw at the first regular session of the Region or State

Hluttaw.

(b) The representatives of the Region or State Hluttaw who have not taken an

affirmation of office shall do so before the Speaker of the Hluttaw at the

session of the Region or State Hluttaw at which they first attend.

174. The Speaker of the Region or State Hluttaw shall convene the regular session at

least once a year. The maximum interval between regular sessions shall not exceed 12

months.

175. The following functions shall becarriedout at theRegionorStateHluttawsession:

(a) recording the addresses delivered by the President;

(b) reading and recording the message sent by President and other messages

permitted by the Speaker;

(c) recording the address delivered by the Chief Minister of the Region or the

State;

(d) submitting,discussingand resolvingonaBill;

(e) discussing and resolving on the matters to be undertaken by the Region or

State Hluttaw in accord with the provisions of the Constitution;

62

(f) discussing, resolving and recording the reports submitted to the Region or

State Hluttaw;

(g) submitting proposal, discussing and resolving;

(h) raising questions and replying;

(i) undertaking matters approved by the Speaker of the Region or State

Hluttaw.

176. Matters that require resolution, agreement and approval of the Region or State

Hluttaw shall be implemented as follows :

(a) if the Region or State Hluttaw is in session, the matter shall be resolved at

that session;

(b) if the Region or State Hluttaw is not in session, the matter shall be resolved

at the nearest Region or State Hluttaw session;

(c) a special session or an emergency session shall be convened to discuss

and to resolve matters which need urgent action in the interest of the

public.

177. The Speaker of the Region or State Hluttaw may convene a special session or an

emergency session of the Region or State Hluttaw, if necessary.

178. TheSpeakerof theRegionorStateHluttawshallconveneaspecialoranemergency

session of the Region or State Hluttaw as soon as possible when the Chief Minister of the

Region or State informs him to do so.

179. The Speaker of the Region or State Hluttaw shall convene a special session as

soon as possible, if at least one-fourth of the total number of the Region or State Hluttaw

representatives so require.

63

180. (a) The first day session of the Region or State Hluttaw shall be valid if more

than half of the total number of Hluttaw representatives, who have the

right toattend theRegionorStateHluttawsession,arepresent.Thesession,

if invalid, shall be adjourned.

(b) The sessions that are adjourned due to invalidity in accord with the

Sub-Section (a) as well as the valid session that are extended will be valid

if at least one-third of the Hluttaw representatives are present.

181. (a) Amatter that shall be resolved in the Region or State Hluttaw, save as

otherwise provided by the Constitution, shall be determined by a majority

of votes of the Region or State Hluttaw representatives who are present

andvoting.

(b) The Speaker of the Region or State Hluttaw discharging duties as the

Speaker at the Region or State Hluttaw shall not voted in the first instance

in the sessions of the Region or State Hluttaw, but shall have and exercise

a casting vote in the matter of an equality of votes.

182. If the Region or State Hluttaw representative is, without permission of the Region

or State Hluttaw, absent from a Region or a State Hluttaw session for a period of at least

15consecutivedays, theRegionorStateHluttawmaydeclarehis seatvacant. Incomputing

64

the said period of 15 days, it shall not be counted of any period during which the session

is adjourned.

183. Although there are vacant seats, the Region or State Hluttaw shall have the right to

carry out its functions. Moreover, the resolutions and proceedings of the Region or State

Hluttawshallnotbeannulled,notwithstanding theactsof somepersonwhowasnotentitled

to do so sat or voted or took part in the proceedings are later discovered.

184. The proceedings and the records of the Region or State Hluttaw shall be published.

However, the proceedings and the records prohibited by any law or the resolution of the

Region or State Hluttaw shall not be published.

185. (a) Subject to the provisions of the Constitution and the provisions of the law

relating to the Region or State Hluttaw, the Region or State Hluttaw

representatives shall have freedom of speech and voting at the Region or

State Hluttaw and the Committee and Body formed by the Region or

State Hluttaw. Concerning the discussing, submitting and performing at

the Region or State Hluttaw and the Region or State Hluttaw Committees

and Bodies, no action shall be taken against a Region or a State Hluttaw

representative except under its laws.

65

(b) Subject to the provisions of the Constitution and the provisions of the law

relating to the Region or State Hluttaw, members of the organizations or

persons representinganyof theRegionorState levelorganizations formed

under the Constitution who are permitted or invited to attend the session

of the Region or State Hluttaw or any Committee and Body of the Region

orStateHluttawhave the freedomofspeechat theRegionorStateHluttaw

or the Region or State Hluttaw Committees and Bodies. No action shall

be taken against such members or persons for their submissions and

speeches in the Region or State Hluttaw by other law except under its

laws.

(c) If the persons mentioned in Sub-Sections (a) and (b) committed assault in

exercising the said privileges, they shall be liable to punishment under the

regulations, by-laws, procedures of the Region or State Hluttaw or the

existing laws.

186. (a) If there is a need to arrest a Region or a State Hluttaw representative

attending the Region or State Hluttaw session or a person attending the

Region or State Hluttaw session with the permission or invitation of the

Speaker of the Hluttaw, the credible evidence shall be submitted to the

Speaker of the Region or State Hluttaw. He shall not be arrested without

the prior permission of the Speaker of the Region or State Hluttaw.

66

(b) If there is a need to arrest a member of a Committee or a Body of the

Region or State Hluttaw attending session of any Committee or Body

formed by the Region or State Hluttaw, the credible evidence shall be

submitted to the Speaker of the Region or State Hluttaw through the Head

of the Committee or Body concerned. He shall not be arrested without

the prior permission of the Speaker of the Hluttaw.

(c) If a representative of the Region or State Hluttaw is arrested, session of

the Region or State Hluttaw or session of any Committee or any Body

formed by the Hluttaw is not in session, the credible evidence in support

of such arrest shall as soon as possible be submitted to the Speaker of the

Region or State Hluttaw.

187. No action shall be instituted relating to the reports, documents and Hluttaw records

published by the Region or State Hluttaw or under its authority.

Legislation

188. The Region or State Hluttaw shall have the right to enact laws for the entire or any

part of the Region or State related to matters prescribed in Schedule Two of the Region or

State Hluttaw Legislative List.

189. (a) When the Region or State Hluttaw enacts a law, it may :

(i) authorize to issue rules, regulations and by-laws concerning that

law to any Region or State level organization formed under the

Constitution;

67

(ii) authorize to issue notifications, orders, directives and procedures

to the respective organization or authority.

(b) The rules, regulations, by-laws, notifications, orders, directives and

procedures issued under the power conferred by any law shall be in

conformity with the provisions of the Constitution and the relevant law.

(c) After issuing any rule, regulation or by-law in accord with the law enacted

by the Region or State Hluttaw, the Body concerned shall distribute and

submit the said rule, regulation or by-law to its representatives at the

nearest regular session of the Region or State Hluttaw under the permitted

arrangement of the Speaker of the Hluttaw.

(d) If it is found that a rule, regulation or by-law is in conformity with the

provisions of relevant law, Hluttaw representatives may move to annul or

amend the rule, regulation or by-law to the Region or State Hluttaw within

90 days from the day that rule, regulation or by-law is submitted and

distributed.

(e) If the Region or State Hluttaw passes a resolution to annul or amend any

rule, regulation or by-law, the resolution shall be without prejudice to the

validityofanyactionpreviously takenunder the relevant rules, regulations

or by-laws.

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Submission of Bill

190. (a) The Region or State level organizations formed under the Constitution

shall have the right to submit theBills relating tomatters theyadministered

among the matters included in the Schedule Two of the Region or State

LegislativeList to theRegionorStateHluttawinaccordwith theprescribed

procedures.

(b) Bills relating to regional plans, annual budgets and taxation of the Region

or State, which are to be submitted exclusively by the Region or State

government, shall be submitted to the Region or State Hluttaw in accord

with the prescribed procedures.

191. Representatives of the Region or State Hluttaw shall submit the Bills relating to

other matters, except the matters prescribed in the Constitution that the Bill was submitted

exclusively by the Region or State Hluttaw stated in the Schedule Two of the Region or

State Legislative List, to the Region or State Hluttaw in accord with the prescribed

procedures.

192. (a) Members, who are representatives of the Region or State Hluttaw among

members representinganyRegionorState levelorganizationformedunder

the Constitution, are entitled to explain, converse, discuss and vote Bills

or matters relating to their organizations at the Hluttaw sessions.

(b) Members, who are not representatives of the Region or State Hluttaw

amongmembersrepresentinganyRegionorState levelorganizationformed

under the Constitution, when they are attending Hluttaw session with the

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permission of the Speaker of the Hluttaw, are entitled to explain, converse

and discuss Bills or matters relating to their organizations.

Submission of Region and State Budget Bill

193. (a) The Region or StateAnnual Budget Bill to which only by the Region or

State Government has the right to be submitted only to the Region or

State Hluttaw in accord with the prescribed procedures.

(b) Relating to theBill inSub-Section(a), theRegionorStateBudget including

finance received from the Union Fund of the Region or State under the

Union Budget Law or the SupplementaryAppropriation Law with the

recommendation of the Chief Minister concerned shall be discussed, as

may be necessary by the Region or State Hluttaw concerned and shall be

carried out and approved, refused, curtailed with the majority consent. In

doing so, the following matters may be discussed at the Region Hluttaw or

the State Hluttaw, but not refused or curtailed :

(i) salary and allowance of Heads and members of the Region or

State level organizations formed under the Constitution and

expenditures of those organizations;

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(ii) salary and allowance of Heads and members of Leading Bodies

of Self-AdministeredArea formed under the Constitution and

expenditures of those bodies;

(iii) debts for which the Region or State is liable and expenses relating

to the debts, other expenses relating to the loans taken out by the

Region or State;

(iv) expenditures required to satisfy judgment, order or decree of any

Court orTribunal;

(v) other expenditures which are to be charged by any law enacted

by the Region Hluttaw or the State Hluttaw.

194. The Region or State Hluttaw shall pass a resolution when the Region or State

government submits the Region or State estimated budget in accord with the prescribed

procedures.

Promulgation of Law

195. (a) The Chief Minister of the Region or State shall :

(i) sign and promulgate the Bills approved by the Region or State

Hluttaw as law within seven days after the day of receipt in accord

with the prescribed procedures;

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(ii) sign and promulgate the Bills approved by the Leading Body of

Self-Administered Division or Self-Administered Zone as law

within 14 days after the day of receipt.

(b) If the Chief Minister of the Region or State does not sign and promulgate

theBill as lawwithin theprescribedperiod,on thedayafter thecompletion

of that period, the Bill shall become a law as if he had signed it.

(c) The laws signed by the Chief Minister of the Region or State and laws

which deemed to have been signed by him, shall be promulgated by the

publication in the official gazette. The Law shall come into operation on

the day of such promulgation unless the contrary intention is expressed.

Self-Administered Division and Self-Administered Zone Leading Bodies

196. The legislative power relating to the matters listed in the Schedule Three for

respective Divisions or Zones are allotted to the Self-Administered Division or the Self-

Administered Zone Leading Bodies.

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Duties, powers and rights of the representatives of the Pyithu Hluttaw, theAmyotha

Hluttaw and the Region or State Hluttaw

197. Duties,powersandrightsof the representativesof thePyithuHluttaw, theAmyotha

Hluttaw and the Region or State Hluttaw shall be prescribed by law.

Effect of Laws

198. The effect of laws enacted by different levels of the Hluttaw and the Leading

Bodies of the Self-AdministeredArea is as follows :

(a) if any provision of the law enacted by the Pyidaungsu Hluttaw, the Region

Hluttaw, the State Hluttaw, the Leading Bodies of the Self-Administered

Divisionor theSelf-AdministeredZoneor, anyexisting lawis inconsistent

with any provision of the Constitution, the Constitution shall prevail;

(b) if any provision of the law enacted by the Region Hluttaw or the State

Hluttaw is inconsistent with any provision of the law enacted by the

Pyidaungsu Hluttaw, the law enacted by the Pyidaungsu Hluttaw shall

prevail;

(c) if any provision of the law enacted by the Leading Body of the Self-

Administered Division or the Self-Administered Zone is inconsistent with

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anyprovisionof thelawenactedbythePyidaungsuHluttaw, thelawenacted

by the Pyidaungsu Hluttaw shall prevail;

(d) if any provision of the law enacted by the Leading Body of the Self-

Administered Division or the Self-Administered Zone is inconsistent with

anyprovisionof the lawenactedbytheRegionHluttawor theStateHluttaw

concerned, the law enacted by the Region Hluttaw or the State Hluttaw

concerned shall prevail.

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ChapterV Executive

Chapter V

Executive

The Union Government

199. (a) The Executive Head of the Union is the President.

(b) (i) The executive power of the Union is distributed among the Union,

Regions and States.

(ii) Self-Administered power is distributed among Self-Administered

Areas as prescribed by the Constitution.

Formation of the Union Government

200. The Union Government shall comprise the following persons :

(a) The President;

(b) Vice-Presidents;

(c) Ministers of the Union;

(d) TheAttorney General of the Union.

Formation of the National Defence and Security Council

201. The National Defence and Security Council led by the President, to enable it to

discharge the duties assigned by the Constitution or any law, shall be formed with the

followingpersons :

(a) The President;

(b) Vice-President;

(c) Vice-President;

(d) Speaker of the Pyithu Hluttaw;

(e) Speaker of theAmyotha Hluttaw;

(f) Commander-in-Chief of the Defence Services;

(g) Deputy Commander-in-Chief of the Defence Services;

(h) Minister for Defence;

(i) Minister for ForeignAffairs;

(j) Minister for HomeAffairs;

(k) Minister for BorderAffairs.

Powers and Functions of the President

202. The President, with the approval of the Pyidaungsu Hluttaw, may :

(a) designate the Ministries of the Union Government as necessary, and may

make changes and additions to the ministries;

(b) designate thenumberof theUnionMinistersasnecessary,andmayincrease

or decrease the number.

203. The President shall be responsible to the Pyidaungsu Hluttaw.TheVice-Presidents

shall be responsible to the President and also to the Pyidaungsu Hluttaw through the

President.

204. The President has :

(a) the power to grant a pardon;

(b) the power to grant amnesty in accord with the recommendation of the

National Defence and Security Council.

205. The President may, in accord with the law, have :

(a) the power to confer honorary titles and awards; and

(b) the power to revoke conferred honorary titles and awards.

206. The President may establish or sever diplomatic relations with foreign countries

withtheapprovalof thePyidaungsuHluttaw.However, insituationwhichrequires immediate

action, the President may sever diplomatic relations with any foreign country after

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coordination with the National Defence and Security Council. The President shall submit

that action to the Pyidaungsu Hluttaw for its approval.

207. The President, in accord with the law, may :

(a) appoint and recall the diplomats of its country;

(b) agree on the appointment of foreign diplomats and send information on

the recall of diplomats;

(c) accept the letters of accreditation presented by foreign diplomats.

208. The President, in accord with the law, may appoint and dismiss Heads of the

Bodies of Civil Services.

209. The President, in accord with the law :

(a) shall enter into, ratify or annul international, regional or bilateral treaties

which require the approval of the Pyidaungsu Hluttaw, or revoke from

such treaties;

(b) may enter into, ratify or annul international, regional or bilateral treaties

which do not require the approval of the Pyidaungsu Hluttaw, or revoke

from such treaties.

210. The President shall have the right to occasionally deliver an address or send a

message to the session of the Pyidaungsu Hluttaw or theAmyotha Hluttaw, or to the entire

country relating to the policies and general situation of the Union.

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211. The President may intimate the Speaker of the Pyidaungsu Hluttaw to summon an

emergency or special session of the Pyidaungsu Hluttaw, if necessary.

212. (a) Except Union budget matters, the President shall have the right to

promulgate an ordinance for administrative matters that need immediate

action during the interval between sessions of the Pyidaungsu Hluttaw.

(b) If the President has not revoked the ordinance promulgated under Sub-

Section(a),heshall submit theordinanceforapproval to thenearest session

of the Pyidaungsu Hluttaw within 60 days after the promulgation of the

ordinance. If the Pyidaungsu Hluttaw is not in session, the President shall,

within60daysafter thepromulgationof suchordinance, summonaspecial

session of the Pyidaungsu Hluttaw for approval.

(c) The ordinance shall cease to have effect from the day on which it is not

approved by the Pyidaungsu Hluttaw.

(d) The ordinance promulgated by the President, with the approval of the

PyidaungsuHluttaw,willcontinue tobe inoperationfor therequiredperiod.

(e) Notwithstanding that an ordinance has been already revoked within 60

days after its promulgation, it shall be submitted to the nearest session of

the Pyidaungsu Hluttaw.

(f) If an ordinance contains the provision to which the Pyidaungsu Hluttaw

has no right to make a resolution in accord with the Constitution, the said

provision shall cease to have effect.

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213. The President :

(a) shall have the right to take appropriate military action, in co-ordination

with the National Defence and Security Council formed in accord with the

Constitution, in case of aggression against the Union;

(b) shall submit the action so taken to the Pyidaungsu Hluttaw for approval if

it is in session, or to summon an emergency session to submit that matter

for approval if the Pyidaungsu Hluttaw is not in session;

(c) may declare war or make peace only with the assent of the Pyidaungsu

Hluttaw.

214. The President shall take action in accord with the provisions of the Constitution

and sign the laws passed and enacted by the Pyidaungsu Hluttaw. The said signed laws

shall be promulgated in the Official Gazette.

215. The President shall not be answerable to either any Hluttaw or to any Court for

the exercise of the powers and functions of his office or for any act done or purported to

bedonebyhimin theexerciseof thesepowersandfunctions inaccordwith theConstitution

or any law. However, the exemption does not deal with the provisions relating to

impeachment of the President under the Constitution.

The Executive Power of the Union Government

216. Subject to the provisions of the Constitution, the executive power of the Union

extends to administrative matters over which the Pyidaungsu Hluttaw has power to make

laws.

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217. Subject to the provisions of the Constitution, the executive power of the Union

shallbevested in thePresident.Nothing in thisSectionshallprevent thePyidaungsuHluttaw

fromconferring functionsandpowersuponanyauthoritativebodyorperson,orbedeemed

to transfer to the President functions and powers vested in any administrative body or

person concerned under the existing laws.

218. (a) All executive actions of the Union Government shall be taken as action in

the name of the President.

(b) ThePresident shall, except inmatters conferredonhimby theConstitution

to perform in his own discretion, have the right to issue necessary rules on

matters to be performed by the Union Government, on allocation of the

said matters to the Ministries of the Union Government, and on allocation

to the person responsible to act under any law.

(c) Orders and instruments executed in the name of the President shall be in

accord with the manners of the prescribed rules issued by the President.

Moreover, the validity of such order or instruments shall not be called in

question on the ground that it was not done by the President.

(d) The President may, without prejudice to the generality of the provisions of

Sub-Sections (a), (b) and (c) of this Section, allocate his duties regionally

or according to the functions of the Government department.

219. The Union Government preserves stability of the Union, community peace and

tranquility and prevalence of law and order.

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220. The Union Government shall promulgate its policies in accord with the provisions

of the Constitution. The necessary projects have to be drawn in accord with the said

policies and shall be implemented with the approval of the Pyidaungsu Hluttaw.

221. The Union Government shall draft the Union Budget Bill based on the annual

Unionbudget, aftercoordinatingwith theFinancialCommission,andsubmit it forapproval

to the Pyidaungsu Hluttaw in accord with the provisions of the Constitution.

222. The Union Government shall, if the Pyidaungsu Hluttaw is unable to promulgate

the Union Budget Bill before the end of the BudgetYear, expend within the framework of

thegeneralexpenditure included in the last-enactedBudgetLawof thePyidaungsuHluttaw.

223. The Union Government may, relating to the matters which may be enacted into

law by the Pyidaungsu Hluttaw in accord with the provisions of the Constitution, submit

the Bill to the Pyidaungsu Hluttaw.

224. TheMinistriesof theUnionGovernment shall, incarryingout the functionsof their

subordinate governmental departments and organizations, manage, guide, supervise and

inspect in accord with the provisions of the Constitution and the existing laws.

225. In carrying out functions of the Region Government, the State Government, and

theLeadingBodiesofSelf-AdministeredDivisionandSelf-AdministeredZone, theUnion

Government co-operates and co-ordinates with them to be effective and successful.

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226. The Union Government, with the exception of Constitutional disputes and the

disputes over territorial re-delineation shall :

(a) mediate and if necessary, decide, on disputes over administration between

the Region and State, among Regions, among States, between Region

or State and Self-AdministeredArea, among Self-Administered Areas;

and

(b) mediate and if necessary, decide, on disputes over administration between

the Region or State and Union territory, between Self-Administered Area

and Union territory.

227. The Union Government, in accord with the law :

(a) may form Civil Services organizations relating to the Union as necessary.

In so forming, the functions and powers shall be prescribed;

(b) may appoint the required civil service personnel.

228. TheUnionGovernment shall :

(a) implement the administrative resolutions passed occasionally by the

Pyidaungsu Hluttaw and report back the actions which have been taken

to the Pyidaungsu Hluttaw;

(b) submitoccasionallymatters relating to thegeneral situationof theUnion to

the Pyidaungsu Hluttaw.

Formation of the Financial Commission

229. (a) The Financial Commission shall be formed with the following persons:

(i) The President Chairperson

(ii) Vice-Presidents Vice-Chairpersons

(iii) TheAttorney-General

of the Union Member

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(iv) TheAuditor-General

of the Union Member

(v) ChiefMinisters

of the Regions and States Members

(vi) The Nay Pyi Taw

Council Chairperson Member

(vii) The Minister of Finance

of the Union Secretary

(b) (i) In forming theFinancialCommission, thePresidentmayappointa

suitable person as a temporary member if there is vacancy for any

reason.

(ii) The President shall promulgate the formation of the Financial

Commission. Moreover, necessary orders or directives, so forth,

for the Financial Commission may be promulgated either by the

President or the person assigned by him.

Duties and Functions of the Financial Commission

230. (a) The budgets of the Union Ministries and Union level organizations are to

be vetted by aVice-President assigned by the President, and the estimated

budgetsof theUnion levelorganizations including theUnionMinistriesare

to be submitted to the Financial Commission.

(b) The budgets of the Region or State are to be vetted by the other Vice-

President assigned by the President, and the estimated budgets of the

Region or State are to be submitted to the Financial Commission.

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(c) TheFinancialCommissionshall :

(i) submit to the Pyidaungsu Hluttaw with recommendation for the

UnionBudgetwhichincludestheexpenditureof theUnionterritory,

a supplementary finance as suitable to the Regions or States from

the Union Fund, giving grants as a special matter and permitting

loans;

(ii) to advise financial matters that should be undertaken;

(iii) carry out the duties assigned by the Pyidaungsu Hluttaw through

thepromulgationof lawfor theemergenceofasubstantial financial

system.

(d) The Financial Commission shall submit with recommendation to the

President, the Bill of Union Budget, which includes Union Budget, the

distribution of suitable funds from Union Fund accounts to Regions or

States, theprovisionsor fundsasaspecial caseanddisbursingofnecessary

loans for submission them to the Pyidaungsu Hluttaw.

(e) The Financial Commission may, if necessary, seek advice from financial

experts.

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Taxes and revenues to be paid to the Union Fund

231. (a) The Union shall, with the exception of the taxes and revenues listed in

Schedule Five to be collected by Regions or States, collect all other taxes

and revenues in accord with the law and deposit them in the Union Fund.

(b) If it is necessary to collect designated receipts or incomes and taxes and

revenues to be collected by the Regions or States for the Union territories,

the Union shall collect them in accord with the law and deposit them in the

Union Fund.

(c) The Union has the right to expend the Union Fund in accord with the law.

The Union Ministers and the Deputy Ministers

Appointment of the Union Ministers

232. (a) ThePresident shall appoint theUnionMinisterswhopossess the following

qualifications:

(i) person who has attained the age of 40 years;

(ii) person who has qualifications, with the exception of age limit,

entitled to be elected as Pyithu Hluttaw representatives prescribed

in Section 120;

(iii) person whose qualifications does not breach the provisions under

Section121whichdisqualify thepersonfromstandingfor election

as the Pyithu Hluttaw representative;

(iv) person loyal to the Union and its citizens.

(b) In order to appoint the Union Ministers, the President shall :

(i) select suitable persons who have qualifications prescribed in Sub-

Section (a) from among the Hluttaw representatives or persons

who are not Hluttaw representatives;

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(ii) obtain a list of suitable Defence Services personnel nominated by

the Commander-in-Chief of the Defence Services for Ministries

of Defence, HomeAffairs and BorderAffairs;

(iii) co-ordinatewith theCommander-in-Chiefof theDefenceServices

if he desires to appoint the Defence Services personnel as Union

Ministers for other Ministries apart from Ministries of Defence,

HomeAffairs and BorderAffairs.

(c) The President shall compile the list of persons selected by him and the list

of theDefenceServicespersonnelnominatedby theCommander-in-Chief

of the Defence Services and submit them to the Pyidaungsu Hluttaw for its

approval.

(d) The appointment of a person as a Union Minister nominated by the

President shall not be refused by the Pyidaungsu Hluttaw unless it can

clearly be proved that the person concerned does not meet the

qualificationsof theUnionMinister.

(e) ThePresidenthastheright tosubmitagainthelistwithanewnamereplacing

the one who has not been approved by the Pyidaungsu Hluttaw for the

appointment of a Union Minister .

(f) The President shall appoint the persons who have been approved by the

Pyidaungsu Hluttaw as Union Ministers. In doing so, the President shall

designate Ministry or Ministries for each Union Minister to take

responsibility.

(g) ThePresident shall intimate thePyidaungsuHluttawwheneverheappoints

UnionMinisters.

(h) The Union Ministers shall be responsible to the President.

(i) If the Union Minister is a representative of a Hluttaw, it shall be deemed

that he has resigned from the day he is appointed as a Union Minister.

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(j) (i) If the Union Minister is a Civil Services personnel, it shall be

deemed that he has retired according to the existing civil service

rules and regulations from the day he is appointed as a Union

Minister.

(ii) The Defence Services personnel who are appointed as Union

Ministers for theMinistriesof Defence,HomeAffairsand Border

Affairs are not required to retire or resign from the Defence

Services.

(k) If the Union Minister is a member of any political party, he shall not take

part in its party activities during the term of office from the day he is

appointed as a Union Minister.

Impeachment of the Union Minister

233. (a) Any Union Minister may be impeached on any of the following reasons :

(i) high treason;

(ii) breach of any provision of the Constitution;

(iii) misconduct;

(iv) disqualificationofqualificationof theUnionMinisterprescribed in

theConstitution;

(v) inefficient discharge of duties assigned by law.

(b) If there is a need to impeach any Union Minister, the same procedure for

the impeachment of the President or Vice-President under Section 71

shall be applied.

(c) The President shall remove the impeached Union Minister from office

when the Hluttaw that had made an investigation had resolved and

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submitted to the President that the charge has been substantiated and the

Union Minister is unfit to continue in office.

(d) If the Hluttaw concerned resolves that the charge has failed, the Speaker

of the Hluttaw shall report the resolution to the President.

Appointment of Deputy Ministers

234. (a) The President shall appoint the persons, from among Hluttaw

representatives or from those who are not Hluttaw representatives,

possessing the following qualifications, as Deputy Ministers to assist the

UnionMinisters :

(i) persons who have attained the age of 35 years;

(ii) persons who have qualifications, with the exception of the age

limit,prescribed inSection120forPyithuHluttawrepresentatives;

(iii) persons whose qualification does not breach the provisions under

Section 121 which disqualify a person from standing for election

as Pyithu Hluttaw representatives;

(iv) persons loyal to the Union and its citizens.

(b) The President shall, to appoint the Deputy Ministers for Ministries of

Defence,HomeAffairsandBorderAffairs,have the listof suitableDefence

Servicespersonnelnominatedby theCommander-in-Chiefof theDefence

Services.

(c) The President shall co-ordiante with the Commander-in-Chief of the

Defence Services if he desires to appoint the Defence Services personnel

as the Deputy Ministers of other Ministries apart from the Ministries of

Defence, HomeAffairs and Border Affairs.

(d) The President shall designate Ministries for each Deputy Minister to take

responsibility.

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(e) The Deputy Ministers shall be responsible to the relevant Union Minister,

and to the President through the relevant Union Minister.

(f) If the Deputy Minister is a representative of a Hluttaw or a Civil Services

personnel or a Defence Services personnel, or a member of a political

party, the provisions of Sub-Sections (i), (j) and (k) of Section 232 shall

be applied.

Term of office, resignation, termination of duties and filling vacancy of the Union

Ministers and Deputy Ministers

235. (a) The term of the Union Minister and Deputy Minister is the same as that of

the President.

(b) TheUnionMinisterorDeputyMinistermayresign fromofficeonhisown

volition due to a certain reason before the expiry of his term of office, after

submitting his written resignation to the President.

(c) The President :

(i) may direct any Union Minister or Deputy Minister who cannot

discharge his duties efficiently to resign. If he fails to comply, he

shall be terminated from his duties;

(ii) shall co-ordinate with the Commander-in-Chief of the Defence

Services if it relates to a Defence Services personnel who is a

Minister or Deputy Minister to resign or remove from office.

(d) If the office of the Union Minister or Deputy Minister becomes vacant due

to resignation, removal fromoffice,deathoranyother reason, thePresident

shall have the right to appoint and assign duties to a new Union Minister or

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Deputy Minister in accord with the provisions of the Constitution relating

to the appointment of the Union Minister or Deputy Minister.The term of

office of the newly appointed Union Minister or Deputy Minister shall be

the same as the remaining term of the President.

(e) (i) When the President before the expiry of his term in office, has

appointed the Union Ministers or Deputy Ministers, and the

President’s office is vacant due to resignation or death or any

other reason, the Union Ministers and the Deputy Ministers shall

continue to perform their duties until the new elected President

has appointed and assigned duties to the new Union Ministers or

Deputy Ministers.

(ii) The term of the newly appointed Union Ministers and Deputy

Ministers shall be up to the expiry of the remaining term of the

new President.

(f) Duties, powers and rights of the Union Minister and Deputy Ministers

shall be prescribed by law.

TheAttorney General of the Union and the DeputyAttorney General

236. TheAttorney General of the Union shall be called theAttorney General of the

Union.

The appointment of theAttorney General of the Union

237. (a) The President, with the approval of the Pyidaungsu Hluttaw, shall appoint

a person, from among Hluttaw representatives or persons who are not

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Hluttawrepresentativeshavingthefollowingqualificationsas theAttorney-

General of the Union to obtain legal advice and assign duties on legal

matters :

(i) person who has attained the age of 45 years;

(ii) person who has qualifications, with the exception of age limit,

entitled to be elected as Pyithu Hluttaw representatives prescribed

in Section 120;

(iii) person whose qualification does not breach the provisions under

Section 121 which disqualify a person from standing for election

as the Pyithu Hluttaw representatives;

(iv) (aa) person who has served as a Judge of the Region or State

High Court for at least five years; or

(bb) person who has served as a judicial officer or law officer

for at least 10 years not lower than that of the Region or

State Level;

(cc) person who has practised as an advocate for at least 20

years;

(dd) person who is, in the opinion of the President, as an

eminent jurist;

(v) person who is loyal to the Union and its citizens.

(b) The appoitment of a person as theAttorney-General of the Union by the

President shall not be refused by the Pyidaungsu Hluttaw unless it can

clearlybeproved that thepersonconcerneddoesnotmeet thequalification

of theAttorney-General of the Union.

(c) ThePresidenthastheright tosubmitagainthelistwithanewnamereplacing

the one who has not been approved by the Pyidaungsu Hluttaw for the

appointment of a person as theAttorney-General of the Union.

(d) TheAttorney-Generalof theUnion isamemberof theUnionGovernment.

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(e) TheAttorney General of the Union shall be responsible to the President.

(f) If theAttorney General of the Union is a representative of a Hluttaw, it

shall be deemed that he has resigned from the day he is appointed as

Attorney General of the Union.

(g) If theAttorney General of the Union is a Civil Services personnel, it shall

be deemed that he has retired according to the existing civil service rules

and regulations from the day he is appointed as theAttorney General of

theUnion.

(h) If theAttorney General of the Union is a member of any political party, he

shall not take part in its party activities during the term of office from the

day he is appointed as theAttorney General of the Union.

Impeachment of theAttorney General of the Union

238. If there is aneed to impeach theAttorneyGeneralof theUnion, the sameprocedure

for the impeachment of the Union Minister under Section 233 shall be applied.

Appointment of the DeputyAttorney General

239. (a) The President shall appoint, in his own volition, the persons from among

the Hluttaw representatives or from among those who are not Hluttaw

representatives who have the following qualifications, as DeputyAttorney

General to assist theAttorney General of the Union :

(i) person who has attained the age of 40 years;

(ii) person who has qualifications, with the exception of age limit,

entitled to be elected as Pyithu Hluttaw representatives prescribed

in Section 120;

(iii) persons whose qualification does not breach the provisions under

Section 121 which disqualify a person from standing for election

as Pyithu Hluttaw representatives;

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(iv) (aa) person who has served as a Judge of the Region or State

High Court for at least five years; or

(bb) person who has served as a judicial officer or law officer

for at least 10 years not lower than that of the Region or

State Level; or

(cc) person who has practised as an advocate for at least 15

years;

(dd) person who is, in the opinion of the President, as an

eminent jurist;

(v) person who is loyal to the Union and its citizens.

(b) TheDeputyAttorney-General shallbe responsible to theAttorney-General

of the Union and to the President through theAttorney-General of the

Union.

(c) If theDeputyAttorney-Generalof theUnionisarepresentativeofaHluttaw

oraCivilServicespersonneloramemberofapoliticalparty, theprovisions

of Sub-Sections (f), (g) and (h) of Section 237 shall be applied.

Term of office, resignation, termination of office, filling the vacancy of theAttorney-

General of the Union and the DeputyAttorney-General

240. (a) The term of theAttorney-General of the Union and the DeputyAttorney-

General is normally the same as that of the President.

(b) TheAttorney-General of the Union or the DeputyAttorney-General may

resign from office on his own volition due to a certain reason before expiry

of the termofoffice,aftersubmittinghiswrittenresignation to thePresident.

(c) The President may direct to resign theAttorney-General of the Union or

93

the DeputyAttorney-General who cannot discharge his duties efficiently.

If either of them fails to comply, he shall be terminated from his duties.

(d) If the office of theAttorney-General of the Union or the DeputyAttorney-

General becomes vacant due to resignation, removal from office, death or

any other reason, the President shall have the right to appoint and assign

duties to a newAttorney-General of the Union or the DeputyAttorney-

General in accord with the provisions of the Constitution relating to the

appointmentof theAttorney-Generalof theUnionor theDeputyAttorney-

General.The term of the newly appointedAttorney-General of the Union

or the DeputyAttorney-General shall be the same as the remaining term

of office of the President.

(e) (i) When the President before the expiry of his term in office, has

appointed the Attorney-General of the Union and the Deputy

Attorney-General, and the President’s office is vacant due to

resignation or death or any other reason, theAttorney-General of

the Union or the DeputyAttorney-General may be continued to

be assigned or shall continue to perform their duties until the new

elected President has appointed and assigned duties to the new

Attorney-General of the Union or the DeputyAttorney-General

in accord with the provisions of the Constitution .

(ii) The term of the new appointedAttorney-General of the Union

and the DeputyAttorney-General shall be up to the expiry of the

remaining term of the new President.

(f) Duties, powers and rights of theAttorney-General of the Union and the

DeputyAttorney-General shall be prescribed by law.

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Auditor-General of the Union and the DeputyAuditor-General

241. TheAuditor-Generalof theUnionshallbecalled theAuditor-Generalof theUnion.

Appointment of theAuditor-General of the Union

242. (a) The President, with the approval of the Pyidaungsu Hluttaw, shall appoint

a person from among Hluttaw representatives or from among those who

are not Hluttaw representatives, who has the following qualifications, as

theAuditor-General of the Union so as to audit Union Budget and report

thereon to the Pyidaungsu Hluttaw :

(i) person who has attained the age of 45 years;

(ii) person who has qualifications, with the exception of the age limit,

entitled to be elected as Pyithu Hluttaw representatives prescribed

in Section 120;

(iii) persons whose qualification does not breach the provisions in

Section 121 which disqualify a person from standing for election

as Pyithu Hluttaw representatives;

(iv) (aa) person who has served as an auditor for at least 10 years

not lower than that of the Region or State Level; or

(bb) person who has served as a RegisteredAccountant or a

Certified PublicAccountant for at least 20 years; or

(cc) person who is, in the opinion of the President, as an

eminent accountant, statistician or economist.

(v) person who is loyal to the Union and its citizens.

(b) The person nominated by the President to be appointed as theAuditor-

Generalof theUnionshallnotberefusedbythePyidaungsuHluttaw unless

95

it can clearly be proved that the person concerned does not meet the

qualification to be theAuditor-General of the Union.

(c) ThePresidenthastheright tosubmitagainthelistwithanewnamereplacing

the one who has not been approved by the Pyidaungsu Hluttaw for the

appointment of theAuditor-General of the Union.

(d) TheAuditor-General of the Union shall be responsible to the President.

(e) If theAuditor-General of the Union is a Hluttaw representative, it shall be

deemed that he has resigned from the day he is appointed as theAuditor-

General of the Union.

(f) If theAuditor-General of the Union is a Civil Services personnel, it shall

be deemed that he has retired according to the existing civil service rules

and regulations from the day he is appointed as theAuditor-General of the

Union.

(g) If theAuditor-General of the Union is a member of any political party, he

shall not take part in its party activities during the term of office from the

day he is appointed asAuditor-General of the Union.

Impeachment of theAuditor-General of the Union

243. If there is a need to impeach theAuditor-General of the Union, the same procedure

for the impeachment of the Union Minister under Section 233 shall be applied.

Appointment of the DeputyAuditor-General

244. (a) The President shall appoint, in his own volition, the persons from among

the Hluttaw representatives or from those who are not Hluttaw

representatives, who have the following qualifications, as the Deputy

Auditor-General to assist theAuditor-General of the Union :

96

(i) person who has attained the age of 40 years;

(ii) person who has qualifications, with the exception of age limit,

entitled to be elected as Pyithu Hluttaw representatives prescribed

in Section 120;

(iii) persons whose qualification does not breach the provisions under

Section 121 which disqualify a person from standing for election

as Pyithu Hluttaw representatives;

(iv) (aa) person who has served as an auditor for at least 10 years

not lower than that of the Region or State Level; or

(bb) person who has served as a RegisteredAccountant or a

Certified PublicAccountant for at least 15 years; or

(cc) person who is, in the opinion of the President, as an

eminent accountant, statistician or economist.

(v) person who is loyal to the Union and its citizens.

(b) The DeputyAuditor-General shall be responsible to theAuditor-General

of the Union and the President through theAuditor-General of the Union.

(c) If theDeputyAuditor-Generalof theUnion isa representativeofaHluttaw

or civil service personnel or member of a political party, the provisions of

Sub-Sections (e), (f) and (g) of Section 242 shall be applied.

Term of office, resignation, termination of office, filling the vacancy of theAuditor-

General of the Union and the DeputyAuditor-General

245. (a) The term of theAuditor-General of the Union and the DeputyAuditor-

General is normally the same as that of the President.

97

(b) TheAuditor-General of the Union or the DeputyAuditor-General may

resign from office on his own volition due to a certain reason before expiry

of the termofoffice,aftersubmittinghiswrittenresignation to thePresident.

(c) The President may direct to resign theAuditor-General of the Union or

the DeputyAuditor-General who cannot discharge his duties efficiently. If

either of them fails to comply, he shall be terminated from his duties.

(d) If the office of theAuditor-General of the Union or the DeputyAuditor-

General becomes vacant due to resignation, removal from office, death or

any other reason, the President shall have the right to appoint and assign

duties to a new Auditor-General of the Union or the Deputy Auditor-

General in accord with the provisions of the Constitution relating to the

appointment of theAuditor-General of the Union or the DeputyAuditor-

General. The term of the newly appointedAuditor-General of the Union

or the DeputyAuditor-General shall be the same as the remaining term of

the President.

(e) (i) When the President before the expiry of his term in office, has

appointed the Auditor-General of the Union and the Deputy

Auditor-General, and the President’s office is vacant due to

resignation or death or any other reason, theAuditor-General of

the Union or the DeputyAuditor-General may be continued to be

assigned or shall continue to perform their duties until the new

elected President has appointed and assigned duties to the new

98

Auditor-General of the Union or the DeputyAuditor-General in

accord with the provisions of the Constitution.

(ii) The term of the new appointedAuditor-General of the Union or

the Deputy Auditor-General shall be up to the expiry of the

remaining term of the new President.

(f) Duties, powers and rights of theAuditor-General of the Union and the

DeputyAuditor-General shall be prescribed by law.

Formation of the Union Civil Services Board

246. (a) The President shall form the Union Civil Services Board to enable to

perform the duties of selecting, training the Civil services personnel and

prescribing of Civil Service regulations.

(b) ThePresidentshallappoint thepersonswhohavethefollowingqualifications

as the Chairperson and Members of the Union Civil Services Board :

(i) person who has attained the age of 50 years;

(ii) person who has qualifications, with the exception of the age limit,

entitled to be elected as Pyithu Hluttaw representatives prescribed

in Section 120;

(iii) persons whose qualification does not breach the provisions under

Section 121 which disqualify a person from standing for election

as Pyithu Hluttaw representatives;

(iv) experienced intelligentsiaand intellectuals;

(v) person who is loyal to the Union and its citizens;

(vi) person who is not a member of a political party;

(vii) person who is not a Hluttaw representative.

(c) If the Chairperson and members of the Union Civil Services Board are

CivilServicespersonnel, it shallbedeemedthat theyhaveretiredaccording

to the existing Civil Services rules and regulations from the day they are

appointed as Chairperson and Members of the Union Civil Services Board

of the Union.

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(d) The Chairperson of the Union Civil Services Board shall be responsible

to the President, and members of the Union Civil Services Board shall be

responsible to thePresident throughtheChairpersonofUnionCivilServices

Board.

(e) The term of the Chairperson and members of the Union Civil Services

Board is normally the same as that of the President.

(f) Formation of the Union Civil Services Board, duties, powers and rights of

the Chairperson and Members, resignation and termination of duties shall

be prescribed by law.

The Region Government or the State Government

247. (a) The Head of the Region or State shall be called the Chief Minister of the

Region or State.

(b) TheMemberof theRegionorStateGovernmentshallbecalled theMinister

of the Region or State.

Formation of the Region Government or State Government 248. (a) The Region Government is formed in the Region and State Government is

formed in the State respectively.

(b) The Region or State Government is formed with the following persons :

(i) the Chief Minister of the Region or State;

(ii) the Ministers of the Region or State;

(iii) theAdovocate General of the Region or State.

(c) ThePresident,with theapprovalof theRegionorStateHluttawconcerned,

may:

(i) specify the Region or State Ministries as may be necessary.

Moreover, he may make changes and additions to the specified

Ministries;

(ii) specify the number of the Ministers of the Region or State as may

be necessary. Moreover, the specified number may be increased

or decreased.

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Executive powers of the Region or State Government

249. Subject to the provisions of the Constitution, the executive power of the Region or

StateGovernmentextends to theadministrativematterswhich theRegionorStateHlutttaw

has power to make laws. Moreover, it also extends to the matters which the Region or

State Government is permitted to perform in accord with any Union Law.

250. The Region or State Government shall have the responsibility to assist the Union

GovernmentinthepreservationofthestabilityoftheUnion,communitypeaceandtranquillity

and prevalence of law and order.

251. The Region or State Government shall, subject to the policies adopted by the

Union Government and Union Laws, implement projects that are to be undertaken in the

Region or State with the approval of the Region or State Hluttaw concerned.

252. The Region or State Government shall, in accord with the provisions of the

Constitution, submit the Region or State Budget Bill based on the annual Union Budget to

the Region or State Hluttaw concerned.

253. The Region or State Government shall, if the Region or State Budget Bill is unable

to promulgate before the end of the Budget year, expend within the framework of the

generalexpenditure included in the last-enactedBudgetLawof theRegionorStateHluttaw.

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Charges and Taxes to be Collected by the Region or State Government

254. (a) The Region or State shall collect the taxes and revenues listed in Schedule

Five in accord with law and deposit them in the Region or State fund.

(b) The Region or State has the right to expend the Region or State fund in

accord with the law.

255. TheRegionorStateGovernment, inaccordwith theprovisionsof theConstitution,

may submit the necessary Bill relating to matters listed in Schedule Two of the Region or

State Legislative List to the Region or State Hluttaw.

256. The Region or State Government :

(a) shall, in carrying out the functions of the Region or State Ministries, their

subordinate governmental departments and organizations, manage, guide,

supervise and inspect in accord with the provisions of the Constitution

and the existing laws;

(b) may,relatingtotheperformanceofthecivilserviceorganizationsdischarging

duties in their Region or State concerned, supervise, inspect and co-

ordinate in accord with the law.

257. TheRegionorStateGovernmentmay, forenabling theperformanceof thefunctions

to be carried out in accord with the Union Law for Civil Services and in co-ordination with

the Union Government in advance :

(a) form Civil Services organizations relating to the Region or State as

necessary;

(b) appoint the required number of Civil Services personnel.

102

258. The Region or State Government shall :

(a) implement theadministrativeresolutionspassedoccasionallybytheRegion

or State concerned and report back the actions which has taken to the

Region or State Hluttaw concerned;

(b) submit the report on the general situations of its area to the Union

Government and to the Region or State Hluttaw concerned.

259. TheRegionorStateGovernmentshalldischargethefunctionsoccasionallyassigned

by the Union Government.

Office of the Region or State Government

260. The Head of the GeneralAdministration Department of the Region or State is the

ex-officio Secretary of the Region or State Government concerned. Moreover, the General

Administration Department of the Region or State is the Office of the Region or State

Government concerned.

Chief Minister of the Region or State

Appointment of the Chief Minister of the Region or State

261. (a) The Chief Minister of the Region or State shall have the following

qualifications:

(i) person who has attained the age of 35 years;

(ii) person who has qualifications, with the exception of the age

limit, entitled to be elected as Pyithu Hluttaw representatives

prescribed in Section 120;

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(iii) person whose qualification does not breach the provisions under

Section 121 which disqualify a person from standing for election

as Pyithu Hluttaw representatives;

(iv) person who is loyal to the Union and its citizens.

(b) In order to appoint the Chief Minister of the Region or State concerned,

the President shall :

(i) select a suitable Hluttaw representative who has the prescribed

qualifications from among the Region or State Hluttaw

representatives concerned;

(ii) submit the list of the elected Hluttaw representatives to the Region

or State Hluttaw concerned for its approval.

(c) The President shall appoint the Hluttaw representative approved by the

Region or State Hluttaw as the Chief Minister of the Region or State

concerned.

(d) The appointment of a person as a Chief Minister of the Region or State

nominated by the President shall not be refused by the Region or State

Hluttaw unless it can clearly be proved that the person concerned does

not meet the qualifications of the Chief Minister of the Region or State.

(e) ThePresidenthastheright tosubmitagainthelistwithanewnamereplacing

the one who has not been approved by the Region or State Hluttaw for

the appointment of the Chief Minister.

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Ministers of the Region or Ministers of the State

Appointment of the Ministers of the Region or Ministers of the State

262. (a) The Chief Minister of the Region or State shall :

(i) select suitable persons who have prescribed qualifications under

Sub-Section (a) of Section 261, from among the Region or State

Hluttaw representatives or from among persons who are not

Hluttaw representatives concerned;

(ii) request fora listof suitableDefenceServicespersonnelnominated

by the Commander-in-Chief of the Defence Services to assign

responsibilities of Security and BorderAffairs;

(iii) obtain a list of Chairpersons of Leading Bodies of the Self-

AdministeredDivisionortheSelf-AdministeredZoneintheRegion

or State concerned;

(iv) obtain the list of Hluttaw representatives elected to carry out the

affairs of National races in the Region or State concerned from

the relevant Election Commission.

(b) The Chief Minister of the Region or State shall compile the list of persons

selected by him and the list of the Defence Services personnel nominated

by the Commander-in-Chief of the Defence Services and submit them to

the Region or State Hluttaw concerned for its approval.

(c) TheappointmentofapersonasaMinisterof theRegionorStatenominated

by the Chief Minister of the Region or State shall not be refused by the

Region or State Hluttaw unless it can clearly be proved that the person

concerned does not have the qualifications of the Minister of the Region

or State.

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(d) The Chief Minister of the Region or State has the right to submit again the

list with a new name replacing the one who has not been approved by the

Region or State Hluttaw for the appointment of a Minister of the Region

or State.

(e) The Chief Minister of the Region or State shall submit the list of persons

who are approved by the Region or State Hluttaw or Chairpersons of the

Self-Administered Division or Self-Administered Zone and the list of

persons who are representatives elected to undertake the affairs of

National races to appoint as the Ministers of the Region or State to the

President.

(f) The President shall appoint the persons who have been approved by the

Chief Minister of the Region or State as Ministers of the Region or State.

Indoingso,heshall, inco-ordinationwith theChiefMinisterof theRegion

orStateconcerned,designate theMinistryorMinistrieswhicheachRegion

or the State Minister to take responsiblity.

(g) The President shall :

(i) assignduties to theChairpersonsof theSelf-AdministeredDivision

and the Self-Administered Zone who are the Ministers of the

Region or State, to perform the affairs of the Self-Administered

Division or Self-Administered Zone concerned;

(ii) assign duties to the Hluttaw representatives who are the Ministers

of the Region or State, to perform the affairs of National races

concerned.

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(h) The President shall relax the prescribed age limit under the Constitution in

appointing the Minister of the Region or State, the Chairperson of the

Self-Administered Division or the Self-Administered Zone or elected

Hluttaw representative to perform the affairs of National races concerned.

(i) The President may, in co-ordination with the Chief Minister, appoint

Ministersfor theSelf-AdministeredDivisionor theSelf-AdministeredZone

or Ministers for National races affairs as Ministers concurrently in charge

of other Ministries.

(j) The Chief Minister of the Region or State shall, if he wishes to assign the

Defence Services personnel as the Region or State Ministers for other

duties apart from security and border affairs, obtain their list from the

Commander-in-Chief of the Defence Services with the approval of the

Region or State Hluttaw concerned, submit it to the President.

(k) The President shall intimate the appointments of the Chief Minister and

Ministers of the Region or State to the Region or State Hluttaw concerned

and Pyidaungsu Hluttaw.

(l) (i) The Chief Minister of the Region or State shall be responsible to

the President.

(ii) The Ministers of the Region or State shall be responsible to the

Chief Minister of the Region or State concerned and to the

President through the Chief Minister of the Region or State

concerned.

(m) The term of the Chief Minister and Ministers of the Region or State is the

same as that of the President.

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(n) (i) If the Minister of the Region or State is a Civil Services personnel,

it shall be deemed that he has retired according to the existing

Civil Services rules and regulations from the day he is appointed

as Minister of the Region or State.

(ii) The Defence Services personnel who are appointed as Ministers

of theRegionorState forMinistriesofSecurityandBorderAffairs

are not required to retire or resign from the Defence Services.

Impeachment of the Chief Minister of the Region or State or any Minister

263. (a) The Chief Minister of the Region or State or any Minister, may be

impeached for one of the following reasons :

(i) high treason;

(ii) breach of any of the provisions of the Constitution;

(iii) misconduct;

(iv) disqualification of qualification of the Chief Minister or Minister

of the Region or State prescribed in the Constitution;

(v) inefficient discharge of duties assigned by law.

(b) If there is a need to impeach the Chief Minister or any of the Ministers of

the Region or State, a charge signed by not less than one-fourth of the

total number of representatives of either the Region or State Hluttaw

concerned shall be submitted to the Speaker of the Hluttaw concerned.

(c) The Speaker of the Hluttaw concerned shall form a body of investigation

to investigate the charge. The term of the completion of the investigation

shall be determined on the volume of work.

108

(d) When the charge is being investigated, the Chief Minister or Minister of

the Region or State shall have the right to defend himself in person or

through a representative.

(e) (i) If an Investigation Body submits its investigation concerning the

impeachment of the Chief Minister or any Minister of the Region

or State by the Region or State Hluttaw concerned, the Speaker

of the Hluttaw shall submit it to the relevant Region or State

Hluttaw.

If, after the investigation, on submitting the findings of the charge

has been substantiated and that Chief Minister or any Minister of

the Region or State is unfit to continue in office by not less than

two-thirds of the total number of representatives of the Hluttaw

concerned which investigated, the Speaker shall submit the

resolution to the President.

(ii) The President, upon receipt of the report, shall remove the

impeached Chief Minister or Minister of the Region or State.

(iii) If the Hluttaw concerned resolves that the charge has been failed,

the Speaker of the Hluttaw shall submit the resolution to the

President.

Resignation, termination of office, filling the vacancy of the Chief Minister or

Minister of the Region or State

264. (a) The Chief Minister or any Minister of the Region or State may resign from

office on his own volition due to a certain reason before expiry of the term

of office, after submitting his written resignation to the President.

109

(b) The President shall :

(i) direct to resign the Chief Minister or Minister of the Region or

State who cannot discharge his duties efficiently. If he fails to

comply, he shall be terminated from his duties;

(ii) co-ordinatewith theCommander-in-Chiefof theDefenceServices

concerning the Denfence Services personnel who is Minister of

the Region or State who has to resign or be terminated from his

duties.

(c) If the office of the Chief Minister or Ministers of the Region or State

becomes vacant due to resignation, removal from office, death or any

other reason, the President shall have the right to appoint and assign duties

toanewChiefMinisterof theRegionorState inaccordwith theprovisions

of the Constitution relating to the appointment of the Chief Minister or

Ministers of the Region or State. The term of the newly appointed Chief

Minister or Ministers of the Region or State shall be the same as the

remaining term of the President.

(d) Duties,powersandrightsof theChiefMinisterandMinistersof theRegion

or State shall be prescribed by law.

Advocate-General of the Region orAdvocate-General of the State

265. TheAdvocate-General of the Region or theAdvocate-General of the State shall

be called theAdvocate-General of the Region or theAdvocate-General of the State.

The Appointment of the Advocate-General of the Region or State

266. (a) The Chief Minister of the Region or State shall, with the approval of the

Region or State Hluttaw concerned, appoint a person from among the

Region or State Hluttaw representatives or from those who are not the

110

Hluttaw representatives having the following qualifications as the

Advocate General of the Region or State to obtain legal advice and assign

duties on legal matters :

(i) person who has attained the age of 40 years;

(ii) person who has qualifications, with the exception of age limit, as

the Pyithu Hluttaw representatives , prescribed in Section 120;

(iii) persons whose qualification does not breach the provisions under

Section 121 which disqualify a person from standing for election

as Pyithu Hluttaw representatives;

(iv) (aa) person who has served as a judicial officer or law officer

for at least five years not lower than that of the Region or

State High Court; or person who has served as a judicial

officer or law officer for at least 10 years not lower than

that of the District Level;

(bb) person who has been an advocate for at least 15 years.

(v) person loyal to the Union and its citizens.

(b) The President, with the approval of the Hluttaw shall appoint a person

fromamongHluttawrepresentativesas theAdvocate-Generalof theRegion

or State.

(c) The appointment of a person as theAdvocate-General of the Region or

State nominated by the Chief Minister of the Region or State, to be

appointed as theAdvocate-General of the Region or State shall not be

refused by the Region or State Hluttaw concerned unless it can clearly be

111

proved that the person concerned does not meet the qualifications of the

Advocate-General of the Region or State.

(d) The Chief Minister of the Region or State has the right to submit again the

list for the appointment of a person as theAdvocate-General of the Region

or State to the Region or State Hluttaw concerned instead of the one who

has not been approved by the Region or State Hluttaw.

(e) The Advocate-General of the Region or State is a member of the

Government of the Region or State concerned.

(f) TheAdvocate-General of the Region or State shall :

(i) be responsible to the President through the Chief Minister of the

Region or State concerned;

(ii) be responsible to the relevantAdvocate-General of the Union or

the relevant Chief Minister of the Region or State.

Impeachment of the Advocate-General of the Region or State

267. If there is a need to impeach the Advocate-General of the Region or State, the

same procedure for the impeachment of the Chief Minister or any Minister of the Region

or State under Section 263 shall be applied.

Resignation, termination of office, filling vacancy of theAdvocate-General of the

Region or State

268. TheAdvocate-General of the Region or State is, subject to provisions of Sections

262 (n) and 264 prescribed for the relevant Chief Minister or the relevant Ministers of the

RegionorStateconcerningresignation, terminationofoffice, fillingthevacancyanddeeming

the person to have retired in case he is a Civil Services personnel.

112

269. Duties, powers and rights of theAdvocate-General of the Region or State shall be

prescribed by law.

Auditor-General of the Region orAuditor-General of the State

270. TheAuditor-General of the Region or State shall be called theAuditor-General of

the Region orAuditor-General of the State.

Appointment of theAuditor-General of the Region or the Auditor-General of the

State

271. (a) The Chief Minister of the Region or State shall appoint a person from

Hluttawrepresentativesor fromthosewhoarenotHluttawrepresentatives,

who has the following qualifications, with the approval of the relevant

Region or State Hluttaw as theAuditor-General of the Region or State so

as to audit the Region or State budget and report it:

(i) person who has attained the age of 40 years;

(ii) person who has qualifications, with the exception of age limit, as

the Pyithu Hluttaw representatives prescribed in Section 120;

(iii) persons whose qualifications does not breach the provisions under

Section 121 which disqualify a person from standing for election

as Pyithu Hluttaw representatives;

(iv) (aa) person who has served as an auditor of the Region or

State forat least fiveyearsnot lower thanthatof theRegion

or State Level; or person who has served as an auditor at

least 10 years not lower than that of the District Level; or

(bb) person who has served as a RegisteredAccountant or a

Certified PublicAccountant for at least 15 years;

(v) person who is loyal to the Union and its citizens .

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(b) The President shall appoint the person submitted by the relevant Chief

Ministerof theRegionorStatewith theapprovalof theHluttawconcerned

as theAuditor-General of the Region or State.

(c) The person nominated by the Chief Minister of the Region or State

concerned to be appointed as theAuditor-General of the Region or State

shall not be refused by the Region or State Hluttaw concerned unless it

can clearly be proved that the person concerned is not qualified to be the

Auditor-General of the Region or State.

(d) The Chief Minister of the Region or State has the right to submit again the

new list for the appointment of a person as the Auditor-General of the

Region or State to the Region or State Hluttaw concerned instead of the

one who has not been approved by the Region or State Hluttaw.

(e) TheAuditor-General of the Region or State shall :

(i) be responsible to the President through the Chief Minister of the

Region or State concerned;

(ii) be responsible to the Auditor-General of the Union and to the

Chief Minister of the Region or State concerned.

Impeachment of theAuditor-General of the Region or theAuditor-General of the

State

272. If there is a need to impeach theAuditor-General of the Region or State, the same

procedure for the impeachment of the Chief Minister or any Minister of the Region or

State under Section 263 shall be applied.

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Resignation, termination of office, filling the vacancy of the Auditor-General of

the Region or the Auditor-General of the State

273. TheAuditor-General of the Region or State is, subject to provisions of Section

264 prescribed for the Chief Minister or Ministers of the Region or State concerning

resignation, termination of office, filling the vacancy and deeming as the person to have

retired in case he is a Civil Services personnel.

274. Duties, powers and rights of theAuditor-General of the Region or State shall be

prescribed by law.

Administrative Body of the Self-Administered Division or Self-Administered Zone

275. TheAdministrativeBodyofSelf-AdministeredDivisionorSelf-AdministeredZone

shall be called the leading body of the Self-Administered Division or leading body of the

Self-Administered Zone.

Formation of Leading Bodies of the Self-Administered Division and the Self-

Administered Zone

276. (a) Being Self-AdministeredAreas, the Self-Administered Division and the

Self-Administered Zones are of equal status.

(b) Leading Bodies of the Self-Administered Division and the Self-

Administered Zone are formed respectively in each and every Self-

Administered Division and the Self-Administered Zone. Such Leading

Bodies exercise legislative power vested under the Schedule Three of the

Constitution.

(c) LeadingBodiesof theSelf-AdministeredDivisionor theSelf-Administered

Zone shall consist of at least 10 members.

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(d) LeadingBodiesof theSelf-AdministeredDivisionor theSelf-Administered

Zone shall be formed with the following persons :

(i) Region or State Hluttaw representatives elected from townships

in the Self-Administered Division or Self-Administered Zone

concerned;

(ii) the Defence Services personnel representatives nominated by the

Commander-in-Chief of the Defence Services to assign duties

relating to Security or BorderAffairs;

(iii) Additional representatives selected by persons stated in Sub-

Section (d) (i) and (ii).

(e) Members of the Leading Bodies of the Self-Administered Division or the

Self-Administered Zone stated in above Sub-Section (d)(i) and (ii) shall,

after co-ordinating among themselves, select a suitable person as the

Chairperson of the Self-Administered Division or the Self-Administered

Zone from the Region or State Hluttaw representatives elected from the

townshipsintheSelf-AdministeredDivisionortheSelf-AdministeredZone.

The name of the person so elected shall be submitted to the President

through the Chief Minister of the Region or State concerned.

(f) ThePresident shallappoint thepersonwhoisnominatedas theChairperson

of the Self-Administered Division or the Self-Administered Zone

concerned.

(g) The Chairperson of the Self-Administered Division or the Self-

Administered Zone is the ex-officio Minister in the Region or State

concerned. Except for the method of the appointment of the Minister of

theRegionorState, theotherprovisionsof theConstitutionshallbeapplied

to theChairpersonof theSelf-AdministeredDivisionorSelf-Administered

Zone.

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(h) The Chairperson of the Self-Administered Division or Self-Administered

Zone and members of the Leading Body concerned shall:

(i) except the National races who have already obtained the Self-

Administered Division or Self-Administered Zone concerned

residing in the Self-Administered Division or Self-Administered

Zone concerned, if they are National races that are deemed by

the authority concerned to have a population of over 10,000,

from the remaining National races, each representative of the said

National races shall be elected and appointed as a member of the

Leading Body. The elected member of the Leading Body shall

have the prescribed qualifications of Hluttaw representatives of

the Region or State under Section 169;

(ii) if the number of members of the Leading Body of the Self-

Administered Division or Self-Administered Zone is less than 10

members, the required number of members from those residing in

the Self-Administered Division or Self-Administered Zone

concerned and who have qualifications prescribed for the Region

or State Hluttaw representatives shall be elected and appointed

to fill up 10 members as they desire.

(i) The Commander-in-Chief of the Defence Services shall assign the duties

to theone-fourthof the totalnumberofmemberswith theDefenceServices

personnels in the Leading Bodies of the Self-Administered Division or

Self-Administered Zone, as necessary.

( j) The Defence Services personnel, nominated in accord with the law

by the Commander-in-Chief of the Defence Services, to be assigned as

the members of the Leading Bodies of the Self-Administered Division or

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Self-Administered Zone shall have qualifications of the Region or State

Hluttaw representatives.

(k) (i) The Chairperson of the Leading Bodies of the Self-Administered

Division or Self-Administered Zone concerned shall declare the

name of the members of the Leading Bodies of the Self-

Administered Division or Self-Administered Zone.

(ii) The Chairperson of the Leading Bodies of the Self-Administered

Division or Self-Administered Zone shall be responsible to the

Region or State Chief Minister concerned, and to the President

through the Chief Minister concerned.

(iii) Members of Leading Bodies of the Self-Administered Division or

Self-Administered Zone shall be responsible to their Chairperson.

(iv) The term of office, taking action, resignation, termination of duty

and filling the vacancy of the Chairperson of the Leading Bodies

of the Self-Administered Division or Self-Administered Zone

shall be prescribed by law.

(l) Duties, powers and rights of the Chairperson and members of the Leading

Bodies of the Self-Administered Division or Self-Administered Zone

shall be perscribed by law.

Executive Powers of the Leading Bodies of the Self-Administered Division or

Self-Administered Zone

277. Subject to provisions of the Constitution, the Self- executive power of the Leading

Bodiesof theSelf-AdministeredDivisionorSelf-AdministeredZoneextendtothefollowing

matters :

(a) on which the Leading Bodies of the Self-Administered Division or Self-

Administered Zone has power to make law under Schedule Three;

(b) on which the Leading Bodies of the Self-Administered Division or Self-

Administered Zone has power to implement in accord with any law

enacted by the Pyidaungsu Hluttaw;

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(c) on which the Leading Bodies of the Self-Administered Division or Self-

AdministeredZonehaspower to implement inaccordwithanylawenacted

by the Region or State Hluttaw concerned.

278. TheLeadingBodiesof theSelf-AdministeredDivisionorSelf-AdministeredZone

shall be responsible to assist the Union Government in preserving stability of the Union,

community peace and tranquillity and prevalence of law and order.

279. The Leading Bodies of the Self-Administered Division or Self-Administered

Zoneshall :

(a) subject to the policies of the Union Government draw work programmes

for thedevelopmentof their territoryandshall co-ordinatewith theRegion

or State Government concerned;

(b) draw annual budgets and co-ordinate for approval with the Region or

State Government concerned in accord with the provisions of the

Constitutions;

(c) have the right to expend the allotted fund included in the Budget Law of

the Region or State Government concerned in accord with the rules;

(d) have the right to expend within the permitted framework to the general

expenditure included in the last-enacted Budget Law of the Region or

State Hluttaw if the Region or State Hluttaw is unable to pass the Region

or State Budget Bill submitted by the Region or State Government.

119

280. TheLeadingBodiesof theSelf-AdministeredDivisionorSelf-AdministeredZone

may, in accord with the law, supervise, co-operate and co-ordinate the functions of the

Civil Services organizations which are performing the duties within their territory.

281. TheLeadingBodiesof theSelf-AdministeredDivisionorSelf-AdministeredZone

shall submit reports of the general situations of their territory to the Union Government and

the Region or State Government concerned.

282. TheLeadingBodiesof theSelf-AdministeredDivisionorSelf-AdministeredZone

shall perform the functions which are occasionally assigned by the Union Government and

the Region or State Government concerned.

Office of the Leading Bodies of the Self-Administered Division or Self-

Administered Zone

283. The Head of GeneralAdministration Department of the Leading Bodies of the

Self-Administered Division or Self-Administered Zone shall serve as the Secretary of the

Leading Bodies of the Self-Administered Division or Self-Administered Zone. Moreover,

the General Administration Department of the Self-Administered Division or Self-

Administered Zone is also the Office of the Leading Bodies of the Self-Administered

Division or Self-Administered Zone.

Administration of Nay Pyi Taw , the Union Territory

284. (a) Nay PyiTaw which is the UnionTerritory, shall consist of all districts and

townships that are Nay Pyi Taw development territory, on the day the

Constitution come into operation.

(b) The President may change, if necessary, the demarcation of districts and

townships in Nay Pyi Taw which is the Union Territory.

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Formation of the Nay Pyi Taw Council

285. (a) The Chairperson and members of the Nay PyiTaw Council shall have the

followingqualifications:

(i) person who has attained the age of 35 years ;

(ii) person who has qualifications, with the exception of age limit,

entitled to be elected as Pyithu Hluttaw representatives prescribed

in Section 120;

(iii) persons whose qualifications does not breach the provisions under

Section 121 which disqualify a person from standing for election

as Pyithu Hluttaw representatives;

(iv) who have other qualifications prescribed by the President.

(b) The President :

(i) shall form a Nay PyiTaw Council;

(ii) shall appoint persons who have the prescribed qualifications as

Chairperson and members of Nay Pyi Taw Council;

(iii) shallobtain thenomination ofsuitableDefenceServicespersonnel

who have prescribed qualifications for appointment as Council

member or members from the Commander-in-Chief of the

Defence Services for co-ordination of Security matters of

Nay Pyi Taw which is the Union Territory;

(iv) mayprescribe thenumberofmembers, including theChairperson,

to serve in Nay Pyi Taw Council in accord with the law as

necessary.

(c) The Chairperson of the Nay Pyi Taw Council shall be responsible to the

President and the members shall be responsible to the Chairperson of the

Nay Pyi Taw Council and the President through the Chairperson of the

Nay Pyi Taw Council.

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(d) If the Chairperson or a member of the Nay Pyi Taw Council is a

representative of a Hluttaw, it shall be deemed that he has resigned from

the day he is appointed as Chairperson or a member of the Nay Pyi Taw

Council.

(e) If the Chairperson or a member of the Nay Pyi Taw Council is a Civil

Services personnel, it shall be deemed that he has retired according to the

existing Civil Services rules and regulations from the day he is appointed

as the Chairperson or a member of the Nay Pyi Taw Council.

(f) The Defence Services personnel who are appointed as a member or

members of the Nay Pyi Taw Council, to co-ordinate SecurityAffairs,

are not required to retire or resign from the Defence Services.

(g) If the Chairperson or a member of the Nay Pyi Taw Council is a member

of any political party, he shall not take part in its party activities during the

term from the day he is appointed as the Chairperson or a member of the

Nay Pyi Taw Council.

Resignation, termination of office, filling the vacancy of the Chairperson and

members of the Nay Pyi Taw Council

286. (a) (i) The term of the Chairperson and members of the Nay Pyi Taw

Council is the same as that of the President.

(ii) The Chairperson and any member of the Nay Pyi Taw Council

may resign from office on his own volition due to a certain reason

before expiry of the term of office, after submitting his written

resignation to the President.

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(iii) The President may :

(aa) direct the Chairperson and any member of the Nay Pyi

Taw Council to resign if he cannot discharge his duties

efficiently. If he fails to comply, he shall be terminated

fromhisoffice;

(bb) co-ordinatewith theCommander-in-Chiefof theDefence

Services concerning with the Defence Services personnel

who is the member of the Nay Pyi Taw Council and has

to resign or be terminated from office.

(iv) If the office of the Chairperson or member of the Nay Pyi Taw

Council becomes vacant due to resignation, removal from office,

death or any other reason, the President shall have the right to

appoint and assign duties to a new Chairperson or member of the

Nay Pyi Taw Council in accord with the provisions of the

Constitution. The term of the newly appointed Chairperson or

member of the Nay Pyi Taw Council shall be the same as that of

the remaining term of the President .

(b) The formation of Nay Pyi Taw Council, duties, powers and rights of the

Chairperson and members of Nay Pyi Taw Council shall be prescribed

by law.

Office of Nay Pyi Taw Council

287. The Head of GeneralAdministration Department of Nay Pyi Taw is ex-officio

the secretary of the Nay Pyi Taw Council. General Administration Department of

Nay Pyi Taw is the office of the Nay Pyi Taw Council.

Administration of district and township

288. Administrationofdistrict and township level shall beassigned to theCivilServices

personnel.

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Administration of ward and village-tract

289. Administration of ward or village-tract shall be assigned in accord with the law to

a person whose integrity is respected by the community.

Civil Services Personnel

290. Matters relating to the appointment, promotion, retirement, enforcement of rules

and regulations and taking action on the Civil services personnel shall be exercised in

accord with the law.

291. With respect to the Defence Services personnel who are also Civil Services

personnel whose nature of work, is of special significant, they shall be given by the relevant

Military laws.

292. With respect to members of Myanmar Police Force who are also Civil Services

personnelwhosenatureofwork, isof special significant, theyshallbegivenby thespecified

law which shall be enacted.

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Chapter VI Judiciary

Chapter VI

Judiciary

Formation of Courts

293. Courts of the Union are formed as follows :

(a) Supreme Court of the Union, High Courts of the Region, High Courts of

the State, Courts of the Self-Administered Division, Courts of the Self-

AdministeredZone,DistrictCourts,TownshipCourts and theotherCourts

constituted by law;

(b) Courts-Martial;

(c) ConstitutionalTribunal of the Union.

Supreme Court of the Union

Constitution of the Supreme Court of the Union

294. In the Union, there shall be a Supreme Court of the Union. Without affecting the

powers of the Constitutional Tribunal and the Courts-Martial, the Superme Court of the

Union is the highest Court of the Union.

Original Jurisdiction of the Supreme Court of the Union

295. (a) OnlytheSupremeCourtoftheUnionhasthefollowingoriginal jurisdiction:

(i) in matters arising out of bilateral treaties concluded by the Union;

(ii) inotherdisputes,except theConstitutionalproblems,betweentheUnion

Government and the Region or State Governments;

(iii) in other disputes, except the Constitutional problems, among the

Regions, among the States, between the Region and the State and

between the Union Territory and the Region or the State;

(iv) other matters as prescribed by any law.

(b) As the Supreme Court of the Union is the highest court of the Union, it is the

court of final appeal.

(c) The judgments of the Supreme Court of the Union are final and conclusive

and have no right of appeal.

(d) TheSupremeCourtof theUnion, subject toanyprovisionof theConstitution

oranyprovisionofother law,has theappellate jurisdictiontodecide judgments

passed by the High Courts of the Regions or the States. Moreover, the

Supreme Court of the Union also has the appellate jurisdiction to decide

judgments passed by the other courts in accord with the law.

(e) The Supreme Court of the Union has the revisional jurisdiction in accord

with the law.

296. The Supreme Court of the Union :

(a) has the power to issue the following writs :

(i) Writ of Habeas Corpus;

(ii) Writ of Mandamus;

(iii) Writ of Prohibition;

(iv) Writ of Quo Warranto;

(v) Writ of Certiorari.

(b) The applications to issue writs shall be suspended in the areas where the

state of emergency is declared.

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Judiciary Budget

297. The Supreme Court of the Union shall submit judiciary budget to the Union

Government in order to include and present in theAnnual Budget Bill of the Union in

accord with the provisions of the Constitution.

Submission of the Judiciary Situation

298. TheChief Justiceof theUnionmaysubmit important judiciarysituationconcerning

the Union or the public, either to the session of the Pyidaungsu Hluttaw or the Pyithu

Hluttaw or theAmyotha Hluttaw from time to time.

Appointment of the Chief Justice of the Union and the Judges of the Supreme

Court of the Union

299. (a) TheHeadof theSupremeCourtof theUnionshall becalled theChief Justice

of the Union.

(b) Judges of the Supreme Court of the Union including the Chief Justice of the

Union may be appointed in the Supreme Court from a minimum of seven

and a maximum of 11 in number.

(c) (i) The President shall submit the nomination of the person suitable to be

appointed as the Chief Justice of the Union to the Pyidaungsu Hluttaw

and seek its approval.

(ii) The Pyidaungsu Hluttaw shall have no right to refuse the person

nominated by the President for the appointment of Chief Justice of the

Union and Judges of the Supreme Court of the Union unless it can

clearly be proved that the persons do not meet the qualifications for

the post prescribed in Section 301.

127

(iii) The President has the right to submit again the list furnished with a new

name replacing the one who has not been approved by the Pyidaungsu

Hluttaw for the appointment of the Chief Justice of the Union.

(iv) The President shall appoint the person who has been approved by the

Pyidaungsu Hluttaw as the Chief Justice of the Union.

(d) (i) The President, in co-ordination with the Chief Justice of the Union,

shall submit the nomination of the persons suitable to be appointed as

theJudgesof theSupremeCourtof theUnionto thePyidaungsuHluttaw

and seek its approval.

(ii) The Pyidaungsu Hluttaw has no right to refuse the persons nominated

by the President for the appointment of the Chief Justice of the Union

and Judges of the Supreme Court of the Union unless it can clearly be

proved the persons concerned do not possess the qualifications

prescribed for Judges of Supreme Court of the Union. in Section 301.

(iii) The President has the right to submit again the list furnished with a new

name replacing the one who has not been approved by Pyidaungsu

Hluttaw for the appointment of a Judge of the Supreme Court of the

Union.

(iv) The President shall appoint the persons approved by Pyidaungsu

Hluttaw as Judges of the Supreme Court of the Union.

300. (a) The Chief Justice of the Union or Judges of the Supreme Court of the Union

must be free from party politics.

128

(b) The Chief Justice of the Union or Judges of the Supreme Court of the Union,

if they are Civil Services personnel, shall be deemed to have retired in accord

with the existing Civil Services Regulations commencing fromthe day of the

appointment as the Chief Justice of the Union or Judge of the Supreme

Court of the Union.

Qualifications of the Chief Justice of the Union and Judges of the Supreme Court

of the Union

301. The Chief Justice of the Union and Judges of the Supreme Court of the Union shall

be a person of following qualifications :

(a) not younger than 50 years and not older than 70 years;

(b) who has qualifications, with the exception of the age limit, prescribed in

Section 120 for Pyithu Hluttaw representatives;

(c) whose qualifications does not breach the provisions under the Section 121

which disqualify him from standing for election as Pyithu Hluttaw

representatives;

(d) (i) who has served as a Judge of the High Court of the Region or State for

at least five years; or

(ii) who has served as a Judicial Officer or a Law Officer at least 10 years

not lower than that of the Region or State level; or

(iii) who has practised as anAdvocate for at least 20 years; or

(iv) who is, in the opinion of the President, an eminent jurist;

129

(e) loyal to the Union and its citizens;

(f) who is not a member of a political party;

(g) who is not a Hluttaw representative.

Impeachment of the Chief Justice of the Union and Judges of the Supreme Court

of the Union

302. (a) ThePresidentor therepresentativesof thePyithuHluttaworAmyothaHluttaw

may impeach the Chief Justice of the Union or any Judge of the Supreme

Court of the Union for any of the following reasons :

(i) high treason;

(ii) breach of any provision of the Constitution;

(iii) misconduct;

(iv) disqualifications of the qualifications of the Chief Justice of the Union

andJudgesof theSupremeCourtof theUnionprescribedunderSection

310;

(v) inefficient discharge of duties assigned by law.

(b) If the President wishes to impeach :

(i) he shall submit the charge to the Speaker of the Pyidaungsu Hluttaw;

(ii) theSpeakerof thePyidaungsuHluttawshall forman investigationbody

and cause the charge to be investigated in accord with the law;

(iii) in forming the investigation body, an equal number of representatives

of the Pyithu Hluttaw andAmyotha Hluttaw shall be included and any

suitable member of the body be assigned as the Chairperson of such

body;

(iv) the time for the completion of the investigation shall be determined on

the volume of work;

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(v) thePresidentmay,himself inpersonor througharepresentative,explain

and present the charge before the investigation body and has also the

right to submit evidence and witnesses;

(vi) when the charge is being investigated, the person being charged shall

begiventheright todefendhimself inpersonor througharepresentative;

(vii) the Speaker of the Pyidaungsu Hluttaw shall, on being submitted the

findings of the investigation concerning the impeachment by the

investigation body, present it to the Pyidaungsu Hluttaw;

(viii) the Speaker of the Pyidaungsu Hluttaw shall, if the resolution is passed

that the charge has been substantiated and the alleged person is unfit to

continue to serve as the Chief Justice of the Union or a Judge of the

Supreme Court of the Union by the two-thirds of the total number of

the Pyidaungsu Hluttaw representatives, present and report the said

resolution to the President;

(ix) on presentation of the report, the President shall, proceed to remove

the Chief Justice of the Union or the Judge of the Supreme Court of

the Union who has been impeached from office;

(x) if the Pyidaungsu Hluttaw resolves that the charges has failed, the

Speaker of the Pyidaungsu Hluttaw shall present and report the said

resolution to the President;

(c) if the representatives of the Pyithu Hluttaw or theAmyotha Hluttaw wish to

impeach :

(i) the provisions for the impeachment of the President or the Vice-

President under Section 71 shall be applied;

131

(ii) thePresident shall, if theHluttawwhichmade the investigation resolves

and reports that the charge made upon the Chief Justice of the Union

or any Judge of the Supreme Court of the Union has been substantiated

and the person being charged is unfit to continue to serve as the Chief

Justice of the Union or Judge of the Supreme Court of the Union,

proceed to remove the Chief Justice of the Union or the Judge of the

Supreme Court of the Union who has been impeached from office;

(iii) if the Hluttaw which made the investigation resolves that the charge

has been failed, the Chairperson of the Hluttaw concerned shall present

and report the resolution to the President.

Term of the Chief Justice of the Union and Judges of the Supreme Court of the

Union

303. The Chief Justice of the Union and Judges of the Supreme Court of the Union

shall hold office up to the age of 70 years unless one of the following occurs :

(a) resignationonhisownvolition;

(b) being impeached in accord with the provisions under the Constitution and

removed from office;

(c) being found to be unable to continue to serve due to permanent disability

caused by either physical or mental defect according to the findings of the

medical board formed by law;

(d) death.

304. Duties, powers and rights of the Chief Justice of the Union and Judges of the

Supreme Court of the Union shall be prescribed by law.

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High Courts of the Region or High Courts of the State

Formation of High Courts of the Region or High Courts of the State

305. There is the High Court of the Region in the Region and the High Court of the

State in the State.

Jurisdictions of High Courts of the Region or High Courts of the State

306. High Courts of the Region or State shall have the following jurisdictions in accord

with the law :

(a) adjudicating on original case;

(b) adjudicating on appeal case;

(c) adjudicating on revision case;

(d) adjudicating on matters prescribed by any law.

307. (a) For the purpose of judicial administration, the High Court of Mandalay

Region is the High Court of the Courts situated in Nay Pyi Taw.

(b) For the purpose of judicial administration, where any area located in the

Region or State is designated as a Union Territory, the High Court of the

Region or State concerned is the High Court of the Courts situated in the

said UnionTerritory.

Appointment of the Chief Justice and Judges of the High Court of the Region or

the High Court of the State

308. (a) (i) The Head of the High Court of the Region or the High Court of

the State shall be called the Chief Justice of the High Court of the

Region or the Chief Justice of the High Court of the State.

133

(ii) In the High Court of the Region or the High Court of the State,

judges of the High Court of the Region or Judges of the High

Court of the State including the Chief Justice of the High Court of

the Region or the Chief Justice of the High Court of the State may

beappointed fromaminimumof threeandamaximumofseven in

number.

(b) (i) ThePresident, inco-ordinationwith theChief Justiceof theUnion

and the Chief Minister of the Region or State concerned, shall

prepare the nomination for the appointment of the Chief Justice of

the High Court of the Region or State concerned and the Chief

Minister of the Region or State concerned, in co-ordination with

the Chief Justice of the Union, shall prepare the nomination for the

appointment of the Judges of the High Court of the Region or

State concerned, and the said nomination shall be sent to the

Region or State Hluttaw concerned.

(ii) The Region or State Hluttaw concerned shall have no right to

refuse the person or persons nominated by the President, in co-

ordinationwiththeChiefJusticeoftheUnionandtheChiefMinister

of the Region or State concerned, for the appointment of the Chief

Justice of the High Court of the Region or State concerned, or

the person or persons nominated by the Chief Minister of the

Region or State concerned, in co-ordination with the Chief Justice

of the Union, for the appointment of Judges of the High Court of

the Region or State concerned unless it can clearly be proved that

thepersondoesnotmeet thequalificationsprescribedunderSection

310 for the Chief Justice of the High Court of the Region or State

and the Judge of the High Court of the Region or State.

134

(iii) There is the right to resubmit a new nomination list as prescribed

in place of the persons who are refused under Sub-Section (ii).

(iv) The President shall appoint persons approved by the Region or

State Hluttaw as the Chief Justice of the High Court of the Region

or State concerned and Judges of the High Court of the Region or

State concerned.

309. (a) The Chief Justice of the High Court of the Region or State and Judges of

the High Court of the Region or State must be free from party politics.

(b) The Chief Justice of the High Court of the Region or State and Judges of

the High Court of the Region or State, if they are civil service personnel,

shall be deemed to have retired from the civil service in accord with the

existing Civil Service Regulations commencing from the day they have

been appointed as the Chief Justice of the High Court of the Region or

State and the Judge of the High Court of the Region or State.

Qualification of the Chief Justice of the High Court of the Region or the High

Court of the State and Judges of the High Court of the Region or the High Court

of the State

310. The Chief Justice of the High Court of the Region or State and Judges of the High

Court of the Region or State shall be a person of the following qualifications :

(a) not younger than 45 years and not older than 65 years of age;

(b) who has the qualifications, with the exception of the age limit, prescribed

under Section 120 for the Pyithu Hluttaw representatives;

135

(c) whose qualifications does not breach the provisions under Section 121

which disqualify him from standing for election as Pyithu Hluttaw

representatives;

(d) (i) who has served as a Judicial Officer or Law Officer at least five

years not lower than that of the Region or State level or as a

Judicial Officer or Law Officer at least 10 years not lower than

that of the District level for; or

(ii) who has practised as anAdvocate for at least 15 years; or

(iii) who is, in the opinion of the President, an eminent jurist.

(e) loyal to the Union and its citizens;

(f) who is not a member of a political party;

(g) who is not a Hluttaw representative.

Impeachment of the Chief Justice of the High Court of the Region or the High

Court of the State and Judges of the High Court of the Region or the High Court

of the State

311. (a) The Chief Justice of the High Court of the Region or State or Judges of

the High Court of the Region or State may be impeached on any of the

followingreasons :

(i) high treason;

(ii) breach of any provision of the Constitution;

(iii) misconduct;

136

(iv) disqualificationof thequalificationof theChief Justiceof theHigh

Court of the Region or State and Judges of the High Court of the

Region or State prescribed under Section 310;

(v) inefficient discharge of duties assigned by law.

(b) If the President wishes to impeach the Chief Justice of the High Court of

the Region or State or the Chief Minister of the Region or State wishes to

impeach any of the Judges of the High Court of the Region or State

concerned, he shall submit the charge to the Speaker of the Region or

State Hluttaw.

(c) If the representatives of the Region or State Hluttaw wish to impeach the

Chief Justice of the High Court of the Region or State concerned or the

Judge of the High Court of the Region or State concerned, the charge

signed by not less than one-fourth of the total number of representatives

of theRegionorStateHluttawconcernedshall besubmitted to theSpeaker

of the Region or State Hluttaw concerned.

(d) The Speaker of the Region or State Hluttaw shall form an investigation

body and cause the charge to be investigated in accord with the law. The

time for the completion of the investigation shall be determined on the

volume of work.

(e) (i) If the President or the Chief Minister of the Region or the Chief

Minister of the State wishes to carry out the impeachment, an

investigation body shall be formed with the representatives of the

Region or State Hluttaw concerned and a suitable person from

among the members of the investigation body shall be assigned as

the Chairperson.

137

(ii) The President or the Chief Minister of the Region or State

concerned may, himself in person or through a representative,

explain the charge before the investigation body and has also the

right to submit relevant evidences and witnesses.

(f) When the charge is being investigated, the person being charged shall be

given the right to defend himself in person or through a representative.

(g) The Speaker of the Region or State Hluttaw shall, on being submitted the

findings of the investigation concerning the impeachment by the

investigation body, report it to the Region or State Hluttaw.

(h) TheSpeakerof theRegionorStateHluttawshall, if the resolution ispassed

that the charge has been substantiated and the alleged person is unfit to

continue to serve as the Chief Justice of the High Court of the Region or

State or a Judge of the High Court of the Region or State by two-thirds of

the total number of the representatives of the Region or State Hluttaw, if it

is the case concerning the Chief Justice of the High Court of the Region or

State, the said resolution is submitted to the President and if it is the case

concerning a Judge of the High Court of the Region or State, the said

resolution is submitted to the Chief Minister of the Region or State

concerned.TheChiefMinisterof theRegionof theStateshall,on receiving

the said resolution, submit it to the President.

(i) On receiving the report, the President shall, proceed to remove the Chief

Justice of the High Court of the Region or State or the Judge of the High

Court of the Region or State who has been impeached from office.

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(j) If the Region or State Hluttaw concerned resolves that the charge has

failed, the Speaker of the Region or State Hluttaw shall, if it is the case

concerning the Chief Justice of the High Court of the Region or State,

such resolution is submitted to the President and if it is the case concerning

the Judge of the High Court of the Region or State, such resolution is

submitted to the Chief Minister of the Region or State concerned.

Term of the Chief Justice of the High Court of the Region or the High Court of the

State and Judges of the High Court of the Region or High Court of the State

312. The Chief Justice of the High Court of the Region or State and Judges of the High

Court of the Region or State shall hold office up to the age of 65 years unless any of the

followingoccurs :

(a) resignationonhisownvolition;

(b) being impeached in accord with the provisions under the Constitution and

removed from office;

(c) being found to be unable to continue to serve due to permanent disability

caused by either physical or mental defect according to the findings of the

medical board formed by law;

(d) death.

313. Duties, powers and rights of the Chief Justice of the High Court of the Region or

State and the Judges of the High Court of the Region or State shall be prescribed by law.

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Courts under the Supervision of the High Court of the Region or the High Court

of the State

314. The following levels of Courts are under the supervision of the High Court of the

Region or State :

(a) if there is no Self-AdministeredAreas in the Region or State :

(i) District Courts;

(ii) Township Courts.

(b) if there is Self-AdministeredAreas in the Region or State :

(i) In the Self-Administered Division :

(aa) Court of the Self-Administered Division;

(bb) Township Courts.

(ii) In the Self-Administered Zone :

(aa) Court of the Self-Administered Zone;

(bb) Township Courts.

(iii) In the remaining areas :

(aa) District Courts;

(bb) Township Courts.

(c) In the UnionTerritory :

(i) District Courts;

(ii) Township Courts.

(d) Other Courts constituted by law.

Jurisdiction of the District Courts and Township Courts

315. District Courts, Courts of the Self-Administered Division, and Courts of the Self-

AdministeredZone, inaccordwith the law,have the jurisdiction relating tooriginalcriminal

cases, original civil cases, appeal cases, revision cases or matters prescribed by any law.

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316. Township Courts, in accord with the law, have the jurisdiction relating to original

criminal cases, original civil cases or matters prescribed by any law.

317. The Judges appointed in accord with the law at the Courts formed by the

Constitution or any other law shall administer all judicial affairs in the entire Union.

318. (a) Appointment of Judges at various levels of Courts under the supervision

of the High Court of the Region or State, conferring judicial powers,

prescribing the duties, powers and rights shall be in accord with the law.

(b) Formation of staff organizations, comprising of officers and other ranks at

the Supreme Court of the Union, the High Courts of the Region or State

and other Courts, and prescribing duties, powers and rights shall be in

accord with the law.

Courts-Martial

319. According to Sub-Section (b) of Section 293, the Courts-Martial shall be

constituted in accord with the Constitution and the other law and shall adjudicate Defence

Services personnel.

The Constitutional Tribunal of the Union

Formation of the Constitutional Tribunal of the Union

320. TheConstitutionalTribunaloftheUnionshallbeformedwithninemembersincluding

the Chairperson.

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321. The President shall submit the candidature list of total nine persons, three members

chosen by him, three members chosen by the Speaker of the Pyithu Hluttaw and three

members chosen by the Speaker of theAmyotha Hluttaw, and one member from among

nine members to be assigned as the Chairperson of the Constitutional Tribunal of the

Union, to the Pyidaungsu Hluttaw for its approval.

Functions and Duties of the Constitutional Tribunal of the Union

322. The functions and the duties of the Constitutional Tribunal of the Union are as

follows:

(a) interpreting the provisions under the Constitution;

(b) vetting whether the laws promulgated by the Pyidaungsu Hluttaw, the

Region Hluttaw, the State Hluttaw or the Self-Administered Division

Leading Body and the Self-Administered Zone Leading Body are in

conformity with the Constitution or not;

(c) vetting whether the measures of the executive authorities of the Union, the

Regions, the States, and the Self-AdministeredAreas are in conformity

with the Constitution or not;

(d) deciding ConstitutionaldisputesbetweentheUnionandaRegion,between

the Union and a State, between a Region and a State, among the Regions,

among the States, between a Region or a State and a Self-Administered

Area and among the Self-AdministeredAreas;

(e) deciding disputes arising out of the rights and duties of the Union and a

Region, a State or a Self-AdministeredArea in implementing the Union

Law by a Region, State or Self-AdministeredArea;

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(f) vettinganddecidingmatters intimatedbythePresident relating to theUnion

Territory;

(g) functionsanddutiesconferredby lawsenactedby thePyidaungsuHluttaw.

Effect of the Resolution of the Constitutional Tribunal of the Union

323. In hearing a case by a Court, if there arises a dispute whether the provisions

contained in any law contradict or conform to the Constitution, and if no resolution has

been made by the ConstitutionalTribunal of the Union on the said dispute, the said Court

shall stay the trial and submit its opinion to the Constitutional Tribunal of the Union

in accord with the prescribed procedures and shall obtain a resolution. In respect of the

said dispute, the resolution of the Constitutional Tribunal of the Union shall be applied

to all cases.

324. The resolution of the Constitutional Tribunal of the Union shall be final and

conclusive.

Submission to obtain the interpretation, resolution and opinion of the Constitutional

Tribunal of the Union

325. The following persons and organizations shall have the right to submit matters

directly to obtain the interpretation, resolution and opinion of the ConstitutionalTribunal of

theUnion :

(a) the President;

(b) the Speaker of the Pyidaungsu Hluttaw;

(c) the Speaker of the Pyithu Hluttaw;

(d) the Speaker of theAmyotha Hluttaw;

(e) the Chief Justice of the Union;

(f) the Chairperson of the Union Election Commission.

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326. The following persons and organizations shall have the right to submit matters to

obtain the interpretation, resolution and opinion of the ConstitutionalTribunal of the Union

in accord with the prescribed procedures :

(a) the Chief Minister of the Region or State;

(b) the Speaker of the Region or State Hluttaw;

(c) the Chairperson of the Self-Administered Division Leading Body or the

Self-Administered Zone Leading Body;

(d) Representatives numbering at least ten percent of all the representatives

of the Pyithu Hluttaw or theAmyotha Hluttaw.

Appointment of the Chairperson and members of the Constitutional Tribunal of

the Union

327. The President shall appoint the Chairperson and members of the Constitutional

Tribunal of the Union approved by the Pyidaungsu Hluttaw .

328. The Pyidaungsu Hluttaw shall have no right to refuse the persons nominated for

members of the ConstitutionalTribunal of the Union by the President unless it can clearly

be proved that they are disqualified.

329. The President has the right to submit again, in accord with the provisions of the

Constitution, the new nomination list to replace the person who has not been approved by

the Pyidaungsu Hluttaw for appointment as member of the Constitutional Tribunal of the

Union.

330. Amember of the ConstitutionalTribunal of the Union shall :

(a) if he is a representative of any Hluttaw, be deemed to have resigned as

representative of the Hluttaw commencing from the day he has been

appointed as a member of the Constitutional Tribunal of the Union;

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(b) if he is a Civil Services personnel, be deemed to have retired from the

Civil Services in accord with the existing Civil Services Regulations

commencing from the day he has been appointed as a member of the

ConstitutionalTribunalof theUnion;

(c) if he is a member of any political party, he shall not take part in its party

activitiesduringhis term,commencingfromthedayhehasbeenappointed

a member of the ConstitutionalTribunal of the Union.

331. If amemberof theConstitutionalTribunalof theUnionwishes to resignonhisown

volition from office before the expiry of his term due to any reason, he may do so, after

submitting his resignation in writing to the President.

332. If the position of a member of the ConstitutionalTribunal of the Union is vacant for

any reason, the President may appoint a new member of the ConstitutionalTribunal of the

Union in accord with the provisions under the Constitution.

Qualifications of the Member of the Constitutional Tribunal of the Union

333. The President, the Speaker of the Pyithu Hluttaw and the Speaker of theAmyotha

Hluttaw shall select from among the Hluttaw representatives or among those who are not

Hluttaw representatives with three members each who has the following qualifications :

(a) person who has attained the age of 50 years;

(b) personwhohasqualifications,with theexceptionof theagelimit,prescribed

in Section 120 for Pyithu Hluttaw representatives;

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(c) person whoes qualification does not breach the provisions under Section

121 which disqualify a person standing for election as Pyithu Hluttaw

representatives;

(d) (i) person who has served as a Judge of the High Court of the Region

or State for at least five years; or

(ii) person who has served as a Judicial Officer or a Law Officer at

least 10 years not lower than that of the Region or State level for;

or

(iii) person who has practised as anAdvocate for at least 20 years; or

(iv) person who is, in the opinion of the President, an eminent jurist.

(e) person who is not a member of a political party;

(f) person who is not a Hluttaw representative;

(g) person who has political, administrative, economic and security outlook;

(h) person loyal to the Union and its citizens.

Impeachment of the Chairperson and the Members of the Constitutional Tribunal

of the Union

334. (a) The Chairperson and members of the ConstitutionalTribunal of the Union

may be impeached on any of the following reasons :

(i) high treason;

(ii) breach of any of the provisions under the Constitution;

(iii) misconduct;

(iv) disqualificationofthequalificationsofmemberoftheConstitutional

Tribunal of the Union prescribed under Section 333;

(v) inefficient discharge of duties assigned by law.

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(b) If the Chairperson or any member of the Constitutional Tribunal of the

Union is to be impeached, it shall be done so in accord with the

impeachment provisions as prescribed under Section 302 of the Chief

Justice of the Union or a Judge of the Supreme Court of the Union.

Term of the Constitutional Tribunal of the Union

335. The term of the Constitutional Tribunal of the Union is the same as that of the

Pyidaungsu Hluttaw being five years. However, the ongoing ConstitutionTribunal of the

Union, on expiry of its term, shall continue its functions till the President forms a new

Tribunal under the Constitution.

336. The formation and communication of the Constitutional Tribunal of the Union,

duties,powersandrightsof theChairpersonandmembersof theTribunalshallbeprescribed

by law.

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Chapter VII Defence Services

Chapter VII

Defence Services

337. The main armed force for the Defence of the Union is the Defence Services.

338. All the armed forces in the Union shall be under the command of the Defence

Services.

339. The Defence Services shall lead in safeguarding the Union against all internal and

external dangers.

340. With the approval of the National Defence and Security Council, the Defence

Services has the authority to administer the participation of the entire people in the Security

and Defence of the Union. The strategy of the people’s militia shall be carried out under

the leadership of the Defence Services.

341. TheDefenceServicesshall renderassistancewhencalamities thataffects theUnion

and its citizens occur in the Union.

342. The President shall appoint the Commander-in-Chief of the Defence Services

with the proposal and approval of the National Defence and Security Council.

343. In the adjudication of Military justice :

(a) the Defence Services personnel may be administered in accord with law

collectivelyorsingly;

(b) the decision of the Commander-in-Chief of the Defence Services is final

and conclusive.

344. Alawshallbeenacted toprovideassistanceandcare fordisabledDefenceServices

personnel and the families of deceased or fallen Defence Services personnel.

Chapter VIII Citizen, Fundamental Rights

and Duties of the Citizens

Chapter VIII

Citizen, Fundamental Rights and Duties of the Citizens

345. All persons who have either one of the following qualifications are citizens of the

Republic of the Union of Myanmar:

(a) person born of parents both of whom are nationals of the Republic of the

UnionofMyanmar;

(b) personwhoisalreadyacitizenaccording to lawontheday thisConstitution

comes into operation.

346. Citizenship, naturalization and revocation of citizenship shall be as prescribed by

law.

347. The Union shall guarantee any person to enjoy equal rights before the law and

shall equally provide legal protection.

348. TheUnionshallnotdiscriminateanycitizenoftheRepublicoftheUnionofMyanmar,

based on race, birth, religion, official position, status, culture, sex and wealth.

349. Citizens shall enjoy equal opportunity in carrying out the following functions :

(a) publicemployment;

(b) occupation;

(c) trade;

(d) business;

(e) technical know-how and vocation;

(f) exploration of art, science and technology.

350. Women shall be entitled to the same rights and salaries as that received by men in

respect of similar work.

351. Mothers, children and expectant women shall enjoy equal rights as prescribed by

law.

352. TheUnionshall,uponspecifiedqualificationsbeingfulfilled,inappointingorassigning

duties to civil service personnel, not discriminate for or against any citizen of the Republic

of the Union of Myanmar, based on race, birth, religion, and sex. However, nothing in this

Section shall prevent appointment of men to the positions that are suitable for men only.

353. Nothing shall, except in accord with existing laws, be detrimental to the life and

personal freedom of any person.

354. Everycitizenshallbeat liberty in theexerciseof the followingrights, ifnotcontrary

to the laws, enacted for Union security, prevalence of law and order, community peace

and tranquility or public order and morality:

(a) to express and publish freely their convictions and opinions;

(b) to assemble peacefully without arms and holding procession;

(c) to form associations and organizations;

(d) to develop their language, literature, culture they cherish, religion they

profess, and customs without prejudice to the relations between one

national race and another or among national races and to other faiths.

355. Everycitizenshallhave theright tosettleandreside inanyplacewithin theRepublic

of the Union of Myanmar according to law.

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356. The Union shall protect according to law movable and immovable properties of

every citizen that are lawfully acquired.

357. TheUnionshallprotect theprivacyandsecurityofhome,property, correspondence

and other communications of citizens under the law subject to the provisions of this

Constitution.

358. The Union prohibits the enslaving and trafficking in persons.

359. The Union prohibits forced labor except hard labor as a punishment for crime duly

convicted and duties assigned by the Union in accord with the law in the interest of the

public.

360. (a) The freedom of religious right given in Section 34 shall not include any

economic, financial, political or other secular activities that may be

associated with religious practice.

(b) The freedom of religious practice so guaranteed shall not debar the Union

from enacting law for the purpose of public welfare and reform.

361. The Union recognizes special position of Buddhism as the faith professed by the

great majority of the citizens of the Union.

362. TheUnionalsorecognizesChristianity,Islam,HinduismandAnimismasthereligions

existing in the Union at the day of the coming into operation of this Constitution.

363. The Union may assist and protect the religions it recognizes to its utmost.

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364. The abuse of religion for political purposes is forbidden. Moreover, any act which

is intended or is likely to promote feelings of hatred, enmity or discord between racial or

religious communities or sects is contrary to this Constitution.Alaw may be promulgated

to punish such activity.

365. Everycitizenshall, inaccordwith the law,have the right to freelydevelop literature,

culture, arts, customs and traditions they cherish. In the process, they shall avoid any act

detrimental to national solidarity. Moreover, any particular action which might adversely

affect the interests of one or several other national races shall be taken only after co-

ordinating with and obtaining the settlement of those affected.

366. Every citizen, in accord with the educational policy laid down by the Union :

(a) has the right to education;

(b) shall be given basic education which the Union prescribes by law as

compulsory;

(c) have the right to conduct scientific research explore science, work with

creativity and write to develop the arts and conduct research freely other

branches of culture.

367. Every citizen shall, in accord with the health policy laid down by the Union, have

the right to health care.

368. The Union shall honour and assist citizens who are outstanding in education

irrespective of race, religion and sex according to their qualifications.

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369. (a) Subject to this Constitution and relevant laws, every citizen has the

right to elect and right to be elected to the Pyithu Hluttaw, theAmyotha

Hluttaw, and the Region or State Hluttaw.

(b) Relevantelectoratehas the right to recall aHluttawrepresentative inaccord

with the law.

370. Every citizen has, in accord with the law, the right to conduct business freely in the

Union, for national economic development.

371. TheUnionmayassist theaccess to technology, investment,machinery, rawmaterial,

so forth, for national economic development.

372. The Union guarantees the right to ownership, the use of property and the right to

private inventionandpatent in theconductingofbusiness if it isnotcontrary to theprovisions

of this Constitution and the existing laws.

373. Any person who committed a crime, shall be convicted only in accord with the

relevant law then in operation. Moreover, he shall not be penalized to a penalty greater

than that is applicable under that law.

374. Any person convicted or acquitted by a competent court for an offence shall not

be retried unless a superior court annuls the judgment and orders the retrial.

375. An accused shall have the right of defence in accord with the law.

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376. No person shall, except matters on precautionary measures taken for the security

of the Union or prevalence of law and order, peace and tranquility in accord with the law

in the interest of the public, or the matters permitted according to an existing law, be held

in custody for more than 24 hours without the remand of a competent magistrate.

377. In order to obtain a right given by this Chapter, application shall be made in accord

with the stipulations, to the Supreme Court of the Union.

378. (a) In connection with the filing of application for rights granted under this

Chapter, the Supreme Court of the Union shall have the power to issue

the following writs as suitable :

(1) Writ of Habeas Corpus;

(2) Writ of Mandamus;

(3) Writ of Prohibition;

(4) Writ of Quo Warranto;

(5) Writ of Certiorari.

(b) The right to issue writs by the Supreme Court of the Union shall not affect

the power of other courts to issue order that has the nature of writs

according to the existing laws.

379. At the time of the occurrence the following situation, the rights under Section 377

shall not be suspended unless the public safety may so require :

(a) in time of war;

(b) in timeof foreign invasion;

(c) in timeof insurrection.

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380. Every citizen who has relations with foreign countries shall have the right to seek

protection of the Union at home or abroad.

381. Except in the following situations and time, no citizen shall be denied redress by

due process of law for grievances entitled under law :

(a) in timeof foreign invasion;

(b) in timeof insurrection;

(c) in time of emergency.

382. In order to carry out their duties fully and to maintain the discipline by the Defence

Forces personnel or members of the armed forces responsible to carry out peace and

security, the rights given in this Chapter shall be restricted or revoked through enactment

to law.

383. Every citizen has the duty to uphold :

(a) non-disintegration of the Union;

(b) non-disintegrationofnational solidarity;

(c) perpetuation of sovereignty.

384. Every citizen has duty to abide by the provisions of this Constitution.

385. Every citizen has the duty to safeguard independence, sovereignty and territorial

integrity of the Republic of the Union of Myanmar.

386. Everycitizenhas theduty toundergomilitary training inaccordwith theprovisions

of the law and to serve in theArmed Forces to defend the Union.

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387. Every citizen, with the Union Spirit, has the duty to enhance unity among national

races and to ensure public peace and stability.

388. Every citizen has the duty for the emergence of a modern developed Nation.

389. Every citizen has the duty to pay taxes to be levied according to the law.

390. Everycitizenhas theduty toassist theUnion incarryingout the followingmatters :

(a) preservation and safeguarding of cultural heritage;

(b) environmentalconservation;

(c) striving for development of human resources;

(d) protection and preservation of public property.

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Chapter IX Election

Chapter IX

ELECTION

Election of People’s Representatives to the Hluttaws

391. In electing people’s representatives to the Hluttaws :

(a) every citizen who has attained 18 years of age on the day on which the

election commences, who is not disqualified by law, who is eligible to

vote, and person who has the right to vote under the law, shall have the

right to vote;

(b) every citizen who is eligible to vote and person who has the right to vote

under the law shall cast a vote only for each Hluttaw at a constituency in

an election;

(c) Moreover, the relevant national races having right to vote in accord with

the provisions contained in this Constitution have also the right to vote to

elect Hluttaw representatives of national races for their Region or State

Hluttaw;

(d) secret balloting system shall be practised.

392. The following persons shall have no right to vote :

(a) members of religious orders;

(b) persons serving prison terms;

(c) persons determined to be of unsound mind and stands so declared by a

competent Court;

(d) persons who have not yet been declared free from insolvent;

(e) persons disqualified by election law.

393. A Hluttaw candidate has, in an election :

(a) the right to be elected to one Hluttaw only;

(b) the right to stand for one constituency only.

394. (a) The electorate residing in the Union Territory or Union Territories

designated by enactment of Pyidaungsu Hluttaw law have the right to

elect the Pyithu Hluttaw andAmyotha Hluttaw representatives only.

(b) ARegionorStateHluttawrepresentativeelectedfromaterritorydesignated

as a UnionTerritory through enactment of a Pyidaungsu Hluttaw law, save

as otherwise provided by the law, shall not continue to stand as a

representative of the said Hluttaw.

395. Every citizen who is not disqualified by the provisions under this Constitution or

the provisions of the election law shall have the right to stand for election to any Hluttaw.

Recalling a representative of the Hluttaw

396. (a) A representative of the Hluttaw may be recalled on any of the following

reasons :

(1) high treason;

(2) breach of any provision of this Constitution;

(3) misbehavior;

(4) disqualification prescribed in this Constitution for the Hluttaw

representative;

(5) inefficient discharge of duties assigned to.

(b) A minimum of one percent out of the original voters of the electorate of the

constituency concerned shall submit the complaint to the Union Election

Commissionagainst theHluttawrepresentativeonwhomitwishes torecall.

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(c) The Union Election Commission shall conduct the investigation in accord

with the law.

(d) In conducting the investigation on an allegation made to a Hluttaw

representative, he has a right to defend himself in person or through an

agent.

(e) If the Union Election Commission considers that the allegation is true and

that the alleged person should not continue to serve as a Hluttaw

representative any longer, the Union Election Commission shall proceed

in accord with the law.

397. The Pyidaungsu Hluttaw shall enact the necessary laws on matters relating to

‘Election’ and on matters relating to ‘Recall’.

Formation of the Union Election Commission

398. (a) ThePresidentshallconstituteaUnionElectionCommission. Inconstituting

theCommission,hemayappointaminimumoffivemembers includingthe

chairman of the Union Election Commission in accord with the provisions

on appointment of the Union Minister prescribed in this Constitution.

(b) The chairman and members of the Union Election Commission shall be

persons who :

(1) have attained 50 years of age;

(2) with the exception of the age limit, shall have the qualifications

prescribed for the Pyithu Hluttaw representatives;

(3) (aa) haveservedin thepositionof theChiefJusticeof theUnion

or Judge of the Supreme Court of the Union or Judge of

the High Court of the Region or State or a similar position

for a minimum of five years; or

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(bb) have served in the position of the judicial officer or the

law officer not lower than the rank of the Region or State

level for a period of 10 years; or

(cc) have served as a practising lawyer for a minimum of 20

years as anAdvocate; or

(dd) shall be deemed by the President to be an eminent person.

(4) shall have integrity and experience;

(5) shall be not relevant with the provisions for disqualification of

election as the Pyithu Hluttaw representative;

(6) shall be loyal to the State and its citizens;

(7) shall not be a member of a political party;

(8) shall not be a Hluttaw representative;

(9) shall not be a person who accepts the position that entitles salary,

allowance or money.

Duties of the Union Election Commission

399. The duties of the Union Election Commission are as follows :

(a) holdingHluttawelections;

(b) supervisingHluttawelections; formingdifferent levelsof sub-commissions

and supervising thereof;

(c) designating and amending the constituencies;

(d) compiling lists of voters and amending thereof;

(e) postponing elections of the constituencies where free and fair election

cannot be held due to natural disaster or due to local security situation;

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(f) prescribing rules relating to elections or political parties in accord with the

provisions of this Constitution, and procedures, directives, so forth, in

accord with the relevant laws;

(g) constituting the election tribunals for trial of disputes relating to election in

accord with the law;

(h) performing duties assigned under a law.

Impeachment of the Chairman or the members of the Union Election Commission

400. (a) The President may impeach the Chairman or the members of the Union

Election Commission for one of the following reasons :

(1) high treason;

(2) breach of any provision of this Constitution;

(3) misconduct;

(4) disqualification on conditions prescribed for the representative

concerned prescribe in this Constitution;

(5) inefficient discharge of duties assigned to.

(b) Impeachment shall be conducted in accord with the procedure laid down

in this Constitution relating to the impeachment of the Chief Justice of the

Union or a Judge of the Supreme Court of the Union.

401. (a) If the Chairman or a member of the Union Election Commission during

this term of service wishes to resign on his own accord due to any reason,

he may submit his resignation in writing to the President.

(b) If theseatof theChairmanorthememberoftheUnionElectionCommission

isvacantdue toresignation, terminationofduties,deathoranyother reason,

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the President may appoint a new Chairman, or a member of the Union

Election Commission in accord with the provisions of appointment of a

Union Minister prescribed in this Constitution.

(c) If the Chairman or member of the Union Election Commission is a Civil

Services Personnel it shall be deemed that he has been retired from service

inaccordwith theexistingservice regulations fromthedayofappointment

of the Chairman or member of the Union Election Commission.

Resolutions and Functions of the Union Election Commission

402. The resolutions and functions made by the Union Election Commission on the

following matters shall be final and conclusive :

(a) electionfunctions;

(b) appeals and revisions relating to the resolutions and orders of the election

tribunals;

(c) matters taken under the law relating to political party.

403. Duties, powers and privileges of the Chairman and members of the Union Election

Commission shall be prescribed by law.

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Chapter X Political Parties

Chapter X

POLITICAL PARTIES

Formation of the Political Parties

404. A political party shall :

(a) set the objective of non-disintegration of the Union, non-disintegration of

national solidarity and perpetuation of sovereignty;

(b) be loyal to the State.

405. A political party shall :

(a) accept and practise a genuine and discipline-flourishing multi-party

democratic system;

(b) abide by and respect this Constitution and the existing laws;

(c) form and register as a political party in accord with the law.

406. Apolitical party shall, in accord with the law, have the right in the Union to :

(a) organize freely;

(b) participate and compete in the elections.

The right of Non-Existence of Political Parties

407. If a political party infringe one of the following stipulations, it shall have no right of

continued existence :

(a) having been declared an unlawful association under the existing law;

(b) directly or indirectly contacting or abetting the insurgent group launching

armed rebellion against the Union or the associations and persons

determinedby theUnion tohavecommitted terrorist actsor theassociation

declared to be an unlawful association;

(c) directly or indirectly receiving and expending financial, material and other

assistance from a foreign government, a religious association, other

association or a person from a foreign country;

(d) abusing religion for political purpose.

408. If the body having authority to register political parties finds that a political party

infringes one of the stipulations contained in Section 407, the party’s registration shall be

revoked.

409. The Pyidaungsu Hluttaw shall enact necessary laws concerning political parties.

164

Chapter XI Provisions on State of

Emergency

Chapter XI

Provisions on State of Emergency

410. If the President learns that or if the respective local administrative body submits

that the administrative functions cannot be carried out in accord with the Constitution

in a Region or a State or a Union territory or a Self-AdministeredArea, he may, after

coordinating with the National Defence and Security Council, promulgate an ordinance

and declare a state of emergency.

411. In the matter concerning the declaration of a state of emergency in accord with

Section 410, the President :

(a) may exercise the executive power of a Region or a State or a Self-

AdministeredArea concerned. Moreover, he may form an appropriate

body or a suitable person and entrust the said executive power;

(b) in doing so, if necessary, has the right to exercise the legislative power

only for executive matters from among the matters that may be legislated

by the respective Region, State or Self-AdministeredAreas. However,

the legislative power shall not be empowered on any body or any person.

412. (a) If the President, learns that or if the respective local administrative body

submits that therearisesor is sufficient reason toarise a stateofemergency

endangering the lives, shelter and property of the public in a Region or a

state or a UnionTerritory or a Self-AdministeredArea, after co-ordinating

with the National Defence and Security Council, may promulgate an

ordinance and declare a state of emergency.

(b) If all the members are unable to attend the meeting held by the President

to co-ordinate with the National Defence and Security Council under Sub-

Section (a), the President may declare in time a state of emergency after

co-ordinating with the Commander-in-Chief of the Defence Services, the

Deputy Commander-in-Chief of the Defence Services, the Minister for

Defence, and the Minister for HomeAffairs who are members. The said

declarationshallbesubmitted to theNationalDefenceandSecurityCouncil

for approval as soon as possible.

413. According to Section 412, concerning the declaration of a state of emergency :

(a) the local administrative bodies and their members and the Civil Services

organizations and their members may obtain the assistance of the Defence

Services to effectively carry out their duties in accord with the existing

laws in order to quickly restore to its original situation in an area where the

declaration of a state of emergency has been in operation;

(b) the President may, if necessary, declare a military administrative order. In

the said order, the executive powers and duties and the judicial powers

anddutiesconcerningcommunitypeaceand tranquillityandprevalenceof

law and order shall be conferred on the Commander-in-Chief of the

DefenceServices.TheCommander-in-Chiefof theDefenceServicesmay

166

exercise the said powers and duties himself or empower on any suitable

military authority to exercise thereof.

414. The President, in promulgating an ordinance and declaring a state of emergency :

(a) shall specify in the said ordinance the areas and the duration that the state

of emergency is in operation;

(b) may, if necessary, restrict or suspend as required, one or more fundamental

rightsof thecitizens residing in theareaswhere the stateofemergency is in

operation.

415. The President shall, relating to the measures taken under Sections 410 and 411,

and relating to the measures taken under Sections 412 and 413 in declaring a state of

emergency, carry out such measures in accord with Section 212 (b), (c) and (e).

416. If thePyidaungsuHluttawsessionbesidesapprovingthesubmissionof thePresident

under Section 415 also extends the duration of the ordinance, it shall remain in operation

up to the expiry of the extended duration.

417. If there arises or if there is sufficient reason for a state of emergency to arise that

may disintegrate the Union or disintegrate national solidarity or that may cause the loss of

sovereignty,due toactsor attempts to takeover the sovereigntyof theUnionby insurgency,

violence and wrongful forcible means, the President may, after co-ordinating with the

National Defence and Security Council, promulgate an ordinance and declare a state of

emergency. In the said ordinance, it shall be stated that the area where the state of

167

emergency in operation is the entire Nation and the specified duration is one year from the

day of promulgation.

418. (a) In thematterconcerning thedeclarationof thestateofemergencyaccording

to Section 417, the President shall declare the transferring of legislative,

executive and judicial powers of the Union to the Commander-in-Chief of

the Defence Services to enable him to carry out necessary measures to

speedily restore its original situation in the Union. It shall be deemed that

thelegislativefunctionsofallHluttawsandleadingbodiesshallbesuspended

from the day of declaration. It shall also be deemed that on the expiry of

the term of the said Hluttaws, the relevant Hluttaws have been dissolved

automatically.

(b) Notwithstandinganythingcontainedin theConstitution,commencingfrom

the day of transfer of the sovereign power to the Commander-in-Chief of

the Defence Services, it shall be deemed that the members appointed and

assigned duties by approval of the relevant Hluttaws in accord with the

Constitution, Self-Administered Division Leading Bodies or the members

of Self-Administered Zone Leading Bodies, with the exception of the

President and the Vice-Presidents, have been terminated from duty.

419. The Commander-in-Chief of the Defence Services to whom the sovereign power

has been transferred shall have the right to exercise the powers of legislature, executive

andjudiciary.TheCommander-in-Chiefof theDefenceServicesmayexercise the legislative

power either by himself or by a body including him. The executive power and the judicial

power may be transferred to and exercised by an appropriate body that has been formed

or a suitable person.

168

420. The Commander-in-Chief of the Defence Services may, during the duration of the

declarationofastateofemergency, restrictor suspendas required,oneormore fundamental

rights of the citizens in the required area.

421. The President :

(a) shall submit the matter of transferring the sovereign power to the

Commander-in-Chief of the Defence Services, after declaring a state of

emergency under Sections 417 and 418, to a regular session of the

Pyidaungsu Hluttaw if it is in session, or to an emergency session of the

Pyidaungsu Hluttaw by summoning it, if it is not in regular session;

(b) may, if the Commander-in-Chief of the Defence Services submits the

extension of the prescribed duration by giving reasons why he has not yet

been able to accomplish the duties assigned to him, and after co-ordinating

with the National Defence and Security Council, normally permit two

extensions of the prescribed duration for a term of six months for each

extension. The matter relating to the extension shall be reported to the

emergency session of the Pyidaungsu Hluttaw by summoning it.

422. The President shall, on submission of a report that the Commander-in-Chief of the

Defence Services has accomplished the duties assigned, declare the annulment of the

ordinance transferring the sovereign power to the Commander-in-Chief of the Defence

Services under Section 418, after co-ordinating with the National Defence and Security

Council, on the day of submission of the report by convening an emergency session of the

Pyidaungsu Hluttaw if the term of the Pyidaungsu Hluttaw has not expired, or on the day

that the submission of the report of the Commander-in-Chief of the Defence Services is

received if that term of the Pyidaungsu Hluttaw has expired.

169

423. The President shall, on receiving the report of the Commander-in-Chief of the

Defence Services under Section 422, revoke the temporary suspension of the legislative

functions of all Hluttaws and Leading Bodies if the term of the Pyidaungsu Hluttaw has not

expired. The New executive and judicial bodies prescribed in the Constitution shall then

be formed and assigned duties in accord with the Constitution. Such bodies shall only

carry out the duties for the remaining term of the Hluttaw.

424. Notwithstanding that the termof thePyidaungsuHluttawhasexpired, thePresident

and the Vice-Presidents, or the Speaker of the Pyithu Hluttaw and the Speaker of the

Amyotha Hluttaw shall remain in their office until the new President and the new Vice-

Presidents, or the new Speaker of the Pyithu Hluttaw and the new Speaker of theAmyotha

Hluttaw have been elected in accord with the Constitution.

425. The National Defence and Security Council may, if the Commander-in-Chief of

the Defence Services submits the extension of the prescribed duration by giving reasons

why he has not been able to accomplish the assigned duties, on the expiry of the term of

the Pyidaungsu Hluttaw, normally permit two extensions of the prescribed duration for a

term of six months for each extension.

426. The National Defence and Security Council shall, concerning the matter of

transferringofsovereignpowerby thePresident to theCommander-in-Chiefof theDefence

Services by declaring a state of emergency under Sections 417 and 418, declare the

annulment of the ordinance transferring the sovereign power to him under Section 418 on

receiving the report that the Commander-in-Chief of the Defence Services has

accomplished the duties assigned to him.

170

427. The National Defence and Security Council :

(a) exercises the powers of the legislature, executive and judiciary before the

Hluttaws are formed in accord with the Constitution;

(b) has the right to exercise the sovereign power until the new President has

been elected and the Union level administrative bodies have been formed

in accord with the provisions in this Constitution. In exercising thereof, the

legislative power shall be exercised by itself. The executive power and the

judicial power may be transferred to and exercised by the appropriate

Bodies that have been formed or a suitable person at the Union, Region

or State and Self-AdministeredArea levels.

428. TheNationalDefenceandSecurityCouncil shall formandassignduties todifferent

levels of administrative bodies, the Self-Administered Division Leading Body, or the Self-

AdministeredZoneLeadingBodiesandElectionCommissionprescribedin theConstitution

with persons who meet the relevant qualifications prescribed in the Constitution.

429. The National Defence and Security Council shall hold the general election in accord

with the provisions of the Constitution within a duration of six months commencing from

the day on which the ordinance is annulled under Section 426.

430. The bodies formed under Section 428 shall continue to perform their functions

and duties until legislative, executive and judicial bodies have been formed in accord with

the Constitution after holding the general election.

171

431. The National Defence and Security Council shall exercise the sovereign power in

the name of the President.

432. The legitimate measures of any administrative body or any of its members, any

Civil Services body or any of its members, and any military body or any of its members

assigned powers and duties to take measures as required in order to speedily restore the

security, stability, community peace and tranquility and prevalence of law and order to its

original state on behalf of the President while a declaration of emergency is in operation or

during the duration the sovereign power is being exercised by the Commander-in-Chief of

the Defence Services or during the duration the sovereign power is being exercised by the

National Defence and Security Council, shall be valid. No legal action shall be taken on

such legitimate measures.

172

Chapter XII Amendment of the Constitution

Chapter XII

AMENDMENT OF THE CONSTITUTION

433. Any provision of this Constitution may be amended in the manner herein after

provided :

(a) the proposal to amend the Constitution shall be submitted in the form of a

Bill;

(b) the Bill to amend the Constitution shall not contain other proposals.

434. The Bill to amend the Constitution shall be submitted to the Pyidaungsu Hluttaw.

435. If twenty percent of the total number of the Pyidaungsu Hluttaw representatives

submit theBill toamend theConstitution, it shall beconsideredby thePyidaungsuHluttaw.

436. (a) If it is necessary to amend the provisions of Sections 1 to 48 in

Chapter I, Sections 49 to 56 in Chapter II, Sections 59 and 60 in Chapter

III, Sections 74, 109, 141 and 161 in Chapter IV, Sections 200, 201,

248 and 276 in Chapter V, Sections 293, 294, 305, 314 and 320 in

Chapter VI, Sections 410 to 432 in Chapter XI and Sections 436 in

ChapterXIIof thisConstitution, it shallbeamendedwith thepriorapproval

of more than seventy-five percent of all the representatives of the

Pyidaungsu Hluttaw, after which in a nation-wide referendum only with

the votes of more than half of those who are eligible to vote.

(b) Provisions other than those mentioned in Sub-Section (a) shall be

amended only by a vote of more than seventy-five percent of all the

representatives of the Pyidaungsu Hluttaw.

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Chapter XIII State Flag, State Seal, National

Anthem and the Capital

(b) Law shall be promulgated concerning the State Seal.

Chapter XIII

State Flag, State Seal, National Anthem and Capital

437. (a) The State Flag shall be as shown below :

(b) Law shall be promulgated concerning the State Flag.

438. (a) The State Seal shall be as shown below :

439. (a) The present NationalAnthem shall be prescribed as the NationalAnthem.

(b) Law shall be promulgated concerning the NationalAnthem.

440. The Capital of the Republic of the Union of Myanmar is Nay PyiTaw.

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Chapter XIV Transitory Provisions

Chapter XIV

TRANSITORY PROVISIONS

441. A nation-wide referendum held for adoption of this Constitution where more than

halfof theeligiblevotersvoted,ofwhichmajorityof thesevoters adopted thisConstitution,

shall come into operation throughout the Union from the day the first session of the

Pyidaungsu Hluttaw is convened.

442. The State Peace and Development Council shall continue to exercise State

sovereignty before this Constitution comes into operation.

443. The preparatory work done by the State Peace and Development Council, before

this Constitution comes into operation, to bring the Constitution into operation, shall be

deemed to have been carried out in accord with this Constitution.

444. (a) The Government that exists on the day this Constitution comes into

operation shall continue to discharge the respective duties until the

emergence of the new Government formed and assigned duties in accord

with thisConstitution.

(b) Allcourtsexistingon theday thecoming intooperationof thisConstitution

shall continue to exercise their jurisdiction until new courts are constituted

bylawinaccordwiththisConstitution.Allcases,civil,criminalandrevenue,

pending in the said courts, shall be disposed of in accord with the laws

exercised on the day on which the cases came up for trial.

445. All policy guidelines, laws, rules, regulations, notifications and declarations of the

State Law and Order Restoration Council and the State Peace and Development Council

or actions, rights and responsibilities of the State Law and Order Restoration Council and

the State Peace and Development Council shall devolve on the Republic of the Union of

Myanmar. No proceeding shall be instituted against the said Councils or any member

thereof or any member of the Government, in respect of any act done in the execution of

their respective duties.

446. Existing laws shall remain in operation in so far as they are not contrary to this

Constitution until and unless they are repealed or amended by the Pyidaungsu Hluttaw.

447. Existing rules, regulations,by-laws,notifications,orders,directivesandprocedures

shall remain in operation in so far as they are not contrary to this Constitution until and

unless they are repealed or amended by the Union Government.

448. All functioning Civil Services personnel of departmental organizations including

the Defence Services under the State Peace and Development Council on the day this

Constitution comes into operation, shall continue in their functions unless otherwise

prescribed by the Government of the Republic of the Union of Myanmar.

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Chapter XV

General Provisions

Chapter XV

GENERAL PROVISIONS

449. This Constitution is the Basic Law of all the laws of the Union.

450. Myanmar language is theofficial language.

451. The application of the Basic Principles of the Union in the legislation and

administration shall be the care of the Union but shall not be enforceable in any Court of

law.

452. Interpretation of the preamble, Sections, Sub-Sections, expressions, individual

words and ideas of this Constitution shall be based only on the Myanmar text.

453. In interpretation of expressions contained in this Constitution reference shall be

made to the existing Interpretation Law.

454. The Myanmar text of this Constitution shall be kept as record in the National

Archives. Such text shall be conclusive evidence of the provisions of this Constitution.

455. The Government of the Union may, in the interest of the Union, relating to any of

the economic activity prescribed to be carried out only by the Government of the Union :

(a) permit the Region government or the State government to form a joint

venture with the Government of the Union or to operate under terms and

conditions;

(b) permit a co-operative organization, economic organization and an

individualperson to formajointventurewith theGovernmentof theUnion

or to operate under terms and conditions.

456. The Republic of the Union of Myanmar shall honour all legitimate obligations

arising out of treaties or agreements which before the commencement of this Constitution

have been in operation between the Government of the Union of Myanmar and the

GovernmentofotherState,providedthatsuchotherStatehonoursanyreciprocalobligations

towards the Union of Myanmar.

457. (a) Any proceedings relating to contract or liabilities which might have been

brought against the Government of the Union of Myanmar before this

Constitutioncomes intooperation,maybebroughtagainst theGovernment

of the Union of Myanmar.

(b) The Republic of the Union of Myanmar may sue and be sued in the name

of the Republic of the Union of Myanmar.

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SCHEDULE ONE

Union Legislative List

(Refer to Section 96)

1. Union Defence and Security Sector

(a) Defence of the Republic of the Union of Myanmar and every part thereof

and preparation for such defence;

(b) Defence and Security industries;

(c) Arms, ammunition and explosives including biological and chemical

weapons;

(d) Atomic energy, nuclear fuel and radiation and mineral resources essential

to its production;

(e) Declaration of war and conclusion of peace;

(f) Stability, peace and tranquility of the Union and prevalence of law and

order; and

(g) Police force.

2. ForeignAffairs Sector

(a) Representatives of the diplomatic, consular and other affairs;

(b) United Nations;

(c) Participation in international, regional and bilateral conferences,

seminars, meetings, associations and other organizations and

implementationof resolutions thereof;

(d) Conclusion and implementation of international and regional treaties,

agreements, conventions and bilateral agreements and treaties;

181

(e) Passports and identification certificates;

(f) Visas, admission into the Republic of the Union of Myanmar, stay,

departure, immigration and deportation; and

(g) Extradition and request for extradition.

3. Finance and Planning Sector

(a) The Union Budget;

(b) The Union Fund;

(c) Currency and coinage;

(d) The Central Bank of Myanmar and financial institutions;

(e) Foreign exchange control;

(f) Capital and money markets;

(g) Insurance;

(h) Income tax;

(i) Commercial tax;

(j) Stamp duty;

(k) Customs duty;

(l) Union lottery;

(m) Tax appeal;

(n) Services of the Union;

(o) Sale, lease and other means of execution of property of the Union;

(p) Disbursement of loans from the Union Funds;

(q) Investment of the Union Funds;

(r) Domestic and foreign loans;

(s) Acquisition of property for the Union; and

(t) Foreign aid and financial assistance.

182

4. Economic Sector

(a) Economy;

(b) Commerce;

(c) Co-operatives;

(d) Corporations, boards, enterprises, companies and partnerships;

(e) Imports, exports and quality control thereon;

(f) Hotels and lodging houses; and

(g) Tourism.

5. Agriculture and Livestock Breeding Sector

(a) Landadministration;

(b) Reclamation of vacant, fallow and virgin lands;

(c) Settlements and land records;

(d) Land survey;

(e) Dams, embankments and irrigation works managed by the Union;

(f) Meteorology, hydrology and seismic survey;

(g) Registration of documents;

(h) Mechanizedagriculture;

(i) Agricultural research;

(j) Production of chemical fertilizers and insecticides;

(k) Marine fisheries; and

(l) Livestock proliferation, prevention and treatment of diseases and research

works.

6. Energy, Electricity, Mining and Forestry Sector

(a) Petroleum, natural gas, other liquids and substances declared by the Union

Law to be dangerously inflammable;

183

(b) Production and distribution of electricity of the Union;

(c) Minerals, mines, safety of mine workers, and environmental conservation

and restoration;

(d) Gems;

(e) Pearls;

(f) Forests; and

(g) Environmentalprotectionandconservationincludingwildlife,naturalplants

and natural areas.

7. Industrial Sector

(a) Industries to be undertaken by the Union level;

(b) Industrial zones;

(c) Basic standardization and specification for manufactured products;

(d) Science and technology and research thereon;

(e) Standardization of weights and measures; and

(f) Intellectualpropertysuchascopyrights,patents, trademarks and industrial

designs.

8. Transport, Communication and Construction Sector

(a) Inland water transport;

(b) Maintenance of waterways;

(c) Development of water resources and rivers and streams;

(d) Carriage by sea;

(e) Major ports;

(f) Lighthouses, lightshipsand lightingplans;

(g) Shipbuilding, repair and maintenance;

(h) Air transport;

184

(i) Air navigation, control and airfields construction;

(j) Land transport;

(k) Railways;

(l) Major highways and bridges managed by the Union;

(m) Posts, telegraphs, telephones, fax, e-mail, internet, intranet and similar

means of communication; and

(n) Television,satellitecommunication, transmissionandreception,andsimilar

means of communication and housing and buildings.

9. Social Sector

(a) Educational curricula, syllabus, teaching methodology, research, plans,

projects and standards;

(b) Universities, degree colleges, institutes and other institutions of higher

education;

(c) Examinations prescribed by the Union;

(d) Private schools and training;

(e) National sports;

(f) Nationalhealth;

(g) Development of traditional medicinal science and traditional medicine;

(h) Charitable hospitals and clinics and private hospitals and clinics;

(i) Maternal and child welfare;

(j) Red cross society;

(k) Prevention from adulteration, manufacture and sale of foodstuffs, drugs,

medicines and cosmetics;

(l) Welfare of children, youths, women, the disabled, the aged and the

homeless;

(m) Reliefandrehabilitation;

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(n) Fire Brigade;

(o) Working hours, resting-hours, holidays and occupational safety;

(p) Trade disputes;

(q) Social security;

(r) Labour organizations;

(s) Managements by the Union, the following:

(i) Ancient culture or historical sites, buildings, monuments, records,

stone inscriptions, ink inscriptions on stucco, palm-leaf parabaiks,

handwritings, handiworks, inanimate objects and archaeological

works;

(ii) Museums and libraries.

(t) Literature,dramaticarts,music, traditionalartsandcrafts, cinematographic

films and videos; and

(u) Registration of births and deaths.

10. Management Sector

(a) Generaladministration;

(b) Administration of town and village land;

(c) Tenants;

(d) Narcotic drugs and psychotropic substances;

(e) Union secrets;

(f) Associations;

(g) Prisons;

(h) Development of border areas;

(i) Census;

(j) Citizenship, naturalization, termination and revocation of citizenship,

citizenship scrutiny and registration; and

(k) Titles and honours.

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11. Judicial Sector

(a) Judiciary;

(b) Lawyers;

(c) Criminal Laws and procedures;

(d) CivilLawsandprocedures includingcontract,arbitration,actionablewrong,

insolvency, trust and trustees, administrator and receiver, family laws,

guardians and wards, transfer of property and inheritance;

(e) Law of Evidence;

(f) Limitation;

(g) Suitvaluation;

(h) Specific relief;

(i) Foreign jurisdiction;

(j) Admiralty jurisdiction;and

(k) Piracies, crimes committed in international waters or in outer space and

offences against the international law on land or in international waters or

in outer space.

187

SCHEDULE TWO

Region or State Legislative List

(Refer to Section 188)

1. Finance and Planning Sector

(a) The Region or State budget;

(b) The Region or State fund;

(c) Land revenue;

(d) Excise duty (not including narcotic drugs and psychotropic substances);

(e) Municipal taxessuchas taxesonbuildingsand lands,water, street lightings

and wheels;

(f) Services of the Region or State;

(g) Sale, lease and other means of execution of property of the Region or

State;

(h) Disbursement of loans in the country from the Region or State funds;

(i) Investment in the country from the Region or State funds;

(j) Local plan; and

(k) Small loans business.

2. Economic Sector

(a) Economic matters undertaken in the Region or State in accord with law

enacted by the Union;

(b) Commercial matters undertaken in the Region or State in accord with law

enacted by the Union; and

(c) Co-operative matters undertaken in the Region or State in accord with

law enacted by the Union.

188

3. Agriculture and Livestock Breeding Sector

(a) Agriculture;

(b) Protection against and control of plants and crop pests and diseases;

(c) Systematic use of chemical fertilizers and systematic production and use

ofnatural fertilizers;

(d) Agricultural loansandsavings;

(e) Dams, embankments, lakes, drains and irrigation works having the right

to be managed by the Region or State;

(f) Fresh water fisheries; and

(g) Livestock breeding and systematic herding in accord with the law enacted

by the Union.

4. Energy, Electricity, Mining and Forestry Sector

(a) Medium and small scale electric power production and distribution that

have the right to be managed by the Region or State not having any link

with national power grid, except large scale electric power production

and distribution having the right to be managed by the Union;

(b) Salt and salt products;

(c) Cutting and polishing of gemstones within the Region or State;

(d) Village firewood plantation; and

(e) Recreation centers, zoological garden and botanical garden.

5. Industrial Sector

(a) Industries other than those prescribed to be undertaken by the Union

level; and

(b) Cottage industries.

189

6. Transport, Communication and Construction Sector

(a) Ports, jetties and pontoons having the right to be managed by the Region

or State;

(b) Roads and bridges having the right to be managed by the Region or State;

and

(c) Systematic running of private vehicles within the Region or State.

7. Social Sector

(a) Matterson traditionalmedicinenotcontrary to traditionalmedicinepolicies

prescribed by the Union;

(b) Social welfare works within the Region or State;

(c) Preventive and precautionary measures against fire and natural disasters;

(d) Stevedoring;

(e) Having the right of management by the Region or State, the following:

(i) preservation of cultural heritage;

(ii) museums and libraries.

(f) Theatres, cinemas and video houses; and

(g) Exhibitions such as photographs, paintings and sculptures.

8. Management Sector

(a) Development matters;

(b) Town and housing development; and

(c) Honorary certificates and awards.

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SCHEDULE THREE

List of Legislation of the Leading Body of Self-Administered

Division or Self-Administered Area

(Refer to Section 196)

1. Urban and Rural Projects

2. Construction and Maintenance of Roads and Bridges

3. PublicHealth

4. DevelopmentAffairs

5. Prevention of Fire Hazard

6. Maintenance of Pasture

7. Conservation and Preservation of Forest

8. Preservation of Natural Environment inAccord with Law Promulgated by the

Union

9. Water and Electricity Matters in Towns and Villages

10. Market Matters of Towns and Villages

191

SCHEDULE FOUR

Form of Oaths or Affirmation

(Refer to Section 125)

I ................ do solemnly and sincerely promise that as an elected representative

of the Pyithu Hluttaw/ theAmyotha Hluttaw/ the Region or State Hluttaw, I will uphold

and abide by the Constitution of the Union. I will be loyal to the Republic of the

Union of Myanmar and citizenry and hold always in esteem non-disintegration

of the Union, non-disintegration of national solidarity and perpetuation of sovereignty.

In addition, I will carry out the responsibilities uprightly to the best of my ability.

192

SCHEDULE FIVE

Taxes Collected by Region or States

(Refer to Section 254)

1. Land revenue.

2. Excise revenue.

3. Water tax and embankment tax based on dams and reservoirs managed by the

Region or State and tax on use of electricity generated by such facilities managed

by the Region or State.

4. Toll fees from using roads and bridges managed by the Region or State.

5. (a) Royalty collected on fresh water fisheries.

(b) Royaltycollectedonmarinefisherieswithinthepermittedrangeof territorial

water.

6. Taxes collected on vehicles on road transport and vessels on inland waterway

transport, in accord with law, in a Region or a State.

7. Proceeds, rent fees and other profits from those properties owned by a Region or

a State.

8. Fees, taxes and other revenues collected on services enterprises by a Region or a

State.

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9. Fines imposed by judicial courts in a Region or a State including Region Taya

Hluttaw or State Taya Hluttaw and taxes collected on service provision and other

revenues.

10. Interests from disbursed by a Region or State.

11. Profits returned from investment of a Region or State.

12. Taxes collected on extraction of the following items from the forests in a Region or

a State:

(a) Taxes collected on all other woods except teak and other restricted hard

woods;

(b) Taxes collected on firewood, charcoal, rattan, bamboo, birdnests, cutch,

thanetkha, turpentine, eaglewood and honey-based products.

13. Registration fees.

14. Taxes on entrainments.

15. Salt tax.

16. Revenue received from the Union FundAccount.

17. Contributionsbydevelopmentaffairsorganizations inaRegionorStateconcerned.

18. Unclaimed cash and property.

19. Treasure trove.

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