The Computer Science Development Law
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The State Law and Order Restoration Council
The Computer Science Development Law
The State Law and Order Restoration Council Law No. 10/96
The 8th Waxing Day of Tawthalin, 1358 M.E.
(20th September, 1996)
The State Law and Order Restoration Council hereby enacts the following Law : -
Chapter I
Title and Definition
1. This Law shall be called the Computer Science Development Law.
2. The following expression contained in this Law shall have the meanings given hereunder:-
(a) Computer means individually-used small-size machines, commonly-used medium-size and large-size
electronic machinery which can produce the required answers and diagrams by comparative scruting
of collected data. This expression also includes electronic machinery which is prescribed by
notification from time to time by the Ministry of Communications;
(b) Computer Hardware means the computer, its components and the accessories;
(c) Computer Software means the computer programme written to give directions as may be necessary to
the computer;
(d) Computer network means the communicating system through satellite or any other technology using
the computer;
(e) Information Technology means the technology by means of which information is transmitted
electronically;
(f) Computer Scientist means the holder of a local or foreign degree, undergraduate diploma or a
postgraduate diploma in the field of computer science. This expression also includes a person who is
conversant with computer programming;
(g) Computer Entrepreneur means a person engaged in the business of producing and selling computer
hardware or computer software locally or in the business of exporting or importing the same. This
expression also includes a person engaged in maintenance service of computers and a person who has
established a private computer training couse;
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(h) Computer Enthusiast means a person; who is interested in computer science and is studying the same
in any manner. This expression also includes a person who is utilizing a computer in any manner;
(i) Council means the Myanmar Computer Science Development Council formed under this Law;
(j) Federation means the Myanmar Computer Federation formed under this Law.
Chapter II
Objectives
3. The Objectives of this Law are as follows:-
(a) to contribute towards the emergence of a modern developed State through computer science;
(b) to lay down, and implement measures necessary for the development and dissemination of computer
science and technology;
(c) to create: opportunities for the youth, especially students, to study computer science;
(d) to study computer science, which is developing internationally and to utilize the same in a manner
which is most beneficial for the State;
(e) to cause extensively development in the use of computer science in the respective fields of work;
(f) to supervise the; import and export of computer software or information.
Chapter III
Formation of the Myanmar Computer Science Development Council
4. The State Law and Order Restoration Council:-
(a) shall form the Myanmar Computer Science Development Council comprising the following persons:-
(1) Person assigned by the State Chairman
Law and Order Restoration Council
(2) Ministers or Deputy Ministers Members
from relevant Ministries
(3) Heads of the relevant government Members
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departments and organizations
(4) Suitable Computer scientists Members
(5) Deputy Minister, Secretary
Ministry of Education
(b) may determine the Deputy Chairman and Joint Secretary if necessary in forming the Council.
5. The non-governmental Council members are entitled to Stich renumeration as may be prescribed by the
Ministry of Education.
6. The Department of Higher Education:-
(a) shall bear the expenses of the Council,
(b) shall undertake the office work of the Council.
Chapter IV
Duties and Powers of the Council
7. The duties and powers of the Council are as follows:-
(a) laying down the policy and giving guidance for the development of computer science in the State to
keep abreast with the times.
(b) laying down the policy, with respect to the systematic dissemination of utilization of computer science
in the Strife;
(c) laying down the policy, giving guidance and controlling with respect to computer network;
(d) making arrangements for the youth; especially students to get the opportunity of studying basic
.computer science;
(e) laying down the policy, giving guidance and controlling with respect to information technology;
(f) supervising arid giving guidance with respect to activities of the federation and computer-related
associations formed under this Law;
(g) prescribing the types of computer software and information which are not permitted to be imported or
exported.
(h) laying down measures to cause extensive development in the utilization of computer science in the
respective fields of work in the State;
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(i) forming necessary working committees and bodies related to computers science and assigning duties
thereto;
(j) abolishing any computer association formed or existing not in confirming with the provisions of this
Law or any computer association not functioning in conformity with the provisions of this Law or not
in conformity with the constitution of the relevant association;
(k) laying down and carrying out measures necessary for the attainment of the objectives of this Law.
Chapter V
Formation of Computer Associations
8. The different leaves of Computer Enthusiasts' Associations may be formed as follows:-
(a) Computer Enthusiasts' Basic Association;
(b) Township Computer Enthusiasts' Association;
(c) District Computer Enthusiasts' Association;
(d) State/Divisional Computer Enthusiasts' Association;
(e) Myanmar Computer Enthusiasts' Association.
9. (a) The Computer Enthusiasts' Basic Association may be formed with at least seven computer enthusiasts;
(b) The Township Computer Enthusiasts' Association may be formed with representatives chosen by the
Computer Enthusiasts' Basic Associations in accordance with the stipulations;
(c) The District Computer Enthusiasts' Association may be formed with representatives chosen by the
Township Computer Enthusiasts' Associations in accordance with the stipulations;
(d) The State/ Divisional Computer Enthusiasts' Association may be formed with representatives chosen
by the District Computer Enthusiasts' Associations in accordance with the stipulations;
(e) The Myanmar Computer Enthusiasts' Association may be formed with representatives chosen by the
State/ Divisional 'Computer Enthusiasts' Associations.
10. The different levels of Computer Scientists' Associations may be formed as follows:-
(a) Township Computer Scientists' Association:
(b) District Computer Scientists' Association;
(c) State/Divisional Computer Scientists' Association;
(d) Myanmar Computer Scientists' Association;
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11. (a) Township Computer Scientists' Association may be formed with at least seven members of the
township;
(b) The District Computer Scientists' Association may be formed with representatives chosen by the
Township Computer Scientists' Association in accordance with the stipulations. In case the Township
Computer Scientists' Association has not been formed as yet it may be formed, with at least .seven
members of the District;
(c) The State/ Divisional Computer Scientists' Association may be formed with representatives chosen by
the District Computer Scientists Association in accordance with the stipulations. In case the District
Computer Scientists' Association has not been formed as yet, it may be formed with at least seven
members of the State/ Division;
(d) The Myanmar Computer Association may be formed with representatives chosen by the State/
Divisional Computer Scientists' Association in accordance with the stipulations.
12. The different levels of Computer Entrepreneurs' Association may be famed as follows:-
(a) Township Computer Entrepreneurs' Association;
(b) District Computer Entrepreneurs' Association;
(c) State/ Division Computer Entrepreneurs' Association;
(d) Myanmar Computer Entrepreneurs' Association.
13. (a) The Township Computer Entrepreneurs' Association may be formed with at least, seven computer
entrepreneurs of the, township;
(b) The District Computer Entrepreneurs' Association may be formed with representatives chosen by the
Township Computer Entrepreneurs' Association in accordance with the stipulations. In case the
Township Computer Entrepreneurs' Association has not been formed as yet, it may be formed with at
least seven computer enthusiasts of the District;
(c) The State/ Divisional Computer Entrepreneurs' Association may be formed with representatives chosen
by the District Computer Entrepreneurs' Association in accordance with the stipulations. In case the
District Computer Entrepreneurs' Association, has not been formed as yet, it may be formed with at
least seven computer entrepreneurs, of the State/ Division;
(d) The Myanmar Computer Entrepreneurs' Association may be formed with the representatives chosen by
the State/ Divisional Computer Entrepreneurs' Association in accordance with the stipulations.
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14. Persons who wish to form an association under section 8, section 10 or section 12 shall, after drawing up
the constitution of the association submit to and obtain the approval of the organizational meeting of the
association concerned.
15. The constitution of the association drawn up under section 14, shall contain stipulations in respect of the
following:-
(a) objective of forming the association;
(b) if the association is formed at the basic level or with members of that level stipulation as to the
qualification of its members;
(c) forming the executive committee and stipulations as to its functions and duties;
(d) choosing and sending representative to the one level higher association;
(e) maintaining a fund and utilization;
(f) holding meetings;
(g) other necessary stipulations in accordance with the type of association concerned.
16. The tenure of the executive committee of the associations formed under section 8, section 10 or section
12 is 2 years from the date of formation.
17. The associations formed under section 8, section 10 or section 12 are non-governmental organizations
without a profit-making motive.
Chapter VI
Formation of the Federation
18. The Council:-
(a) shall form the Myanmar Computer Federation comprising representatives chosen from the Myanmar
Computer Enthusiasts' Association, the Myanmar Computer, Scientists' Association and the Myanmar
Computer Entrepreneurs Association in accordance with the stipulations;
(b) may determine the number of members of the Federation as may be necessary;
(c) shall appoint the Chairman and Secretary of the Federation and assign duties may appoint the Deputy
Chairman and Joint Secretary if necessary;
(d) shall determine the tenure of the persons appointed by it in the federation.
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19. The tenure of members included as representatives of the respective associations in the federation shall
be the same as the tenure of the executive committee of the computer associations concerned that has
chosen them.
20. The federation shall determine the business and procedures with respect to the holding of the meeting.
21. The federation shall set up an office establishment to perform its daily office work.
22. The federation is a non-governmental organization without profit-making motive.
23. The federation has the right to use its own name and seal with perpetual succession and the right to sue
and to be sued.
Chapter VII
Duties and Powers of the Federation
24. The duties and, powers of the federation are as follows:-
(a) carrying out for the development of computer science in the State to keep abreast with the times.
(b) conducting research: in computer science, giving assistance to the persons conducting research;
(c) promoting extensive utilization of computer science in the respective fields of work;
(d) prescribing the syllabi and curricula for computer training schools;
(e) inspecting teaching in computer training schools as may be necessary so as to determine whether it is
up to the standard or not;
(f) running computer science courses, holding lectures, competitions and organizing study tours;
(g) holding examinations in computer science, conferring certificates and medals;
(h) submitting advice to the Council from time to time on the development of computer science;
(i) giving assistance to manufacturers so as to enhance the quality of computer hardware and computer
software;
(j) giving assistance for production of computer hardware and computer software and for sale inside and
outside the country;
(k) laying down projects on information technology in accordance with the guidance of the Council;
(l) communicating with international computer organizations;
(m) making arrangements for holding and dispatching delegates to local and foreign conferences,
meeting, workshops, seminars, paper-reading sessions as may be necessary;
(n) fulfilling a target to devise a system that can use Myanmar language in the computer;
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(o) tendering advice to government departments and organizations which seek advice with respect to
computer;
(p) compiling, publishing and distribution books, papers, periodicals and journals on computer;
(q) setting up a library to collect books on computer from inside and outside the country;
(r) carrying out for the youth especially students, to acquire basic computer knowledge and to cause
emergence of outstanding computer scientists;
(s) awarding monetary prize to outstanding computer scientists and inventors;
(t) recommending to the Council to confer honorary titles and awards on outstanding computer scientists
and inventors by the State;
(u) submitting advice to the Council in order to protect the benefits of computer scientists and inventors;
(v) forming necessary committees and bodies, and determining the functions and duties those of;
(w) carrying out tasks with respect to computer science, assigned by the Council.
Chapter VIII
Finance
25. The Federation:-
(a) shall subsist on its own fund; moveover, it shall undertake responsibility for all its financial matters;
(b) shall prescribe financial regulations which it is to be abided by;
(c) has the right to acquire and use grants or loans from any government department or organization; or
from any financial institution;
(d) shall deposit its funds in an account at the bank and shall use them in accordance with the financial
regulations;
(e) shall keep accounts systematically;
(f) may carry out to increase funds which are not required immediately, in accordance with the financial
regulations and may raise funds;
(g) may accept cash and kind donated locally and from abroad and may make appropriations computer
associations as may be necessary;
(h) shall deposit its own foreign currency in a separate bank account and is entitled to use the same in
accordance with the existing laws, rules and regulations;
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(i) may request assistance, if necessary from the Office of the Auditor-General with respect to book-
keeping and auditing of accounts.
Chapter IX
Prior Sanction and Licence
26. (a) The Ministry' of Communications, Posts and Telegraphs may, with the approval of the Council
determine by notification the types of computer to be imported, kept in possession or utilize only with the
prior sanction of the Ministry.
(b) In determining the types of computer under sub-section (a), fax-modem card installed computer which
can transmit or receive data shall be primarily targeted.
(c) In determining the types of computer under sub-section (a), it shall not apply to computers that are
used only as aids in teaching, office work or business.
27. A person desirous of importing, keeping in possession or utilizing the type of computer prescribed in sub-
section (a) of section 26 shall apply to the Ministry of Communications, Posts and Telegraphs in
accordance with the stipulations to obtain prior sanction.
28. A person desirous of setting up a computer network or connecting a link inside the computer network
shall apply to the Ministry of Communications, Posts and Telegraphs in accordance with the stipulations
to obtain prior sanction.
29. The Ministry of Communications, Posts and Telegraphs may, after scrutinizing the applications submitted
under section 27 or section 28 in accordance with the stipulations, grant prior sanction or refuse to grant
prior sanction.
30. A person desirous of keeping in possession or utilizing the type of computer prescribed under sub-section
(a) of section 26, shall comply with the orders and directives issued from time to time by the Ministry of
Communications, Posts and Telegraphs with respect to issuance of licence, prescribing the term of
licence, licence fee and licence conditions.
Chapter X
Offences and Penalties
31. Whoever imports or keeps in possession or utilizes any type of computer prescribed under sub-section (a)
of Section 26, without the prior sanction of the Ministry of Communications, Posts and Telegraphs shall,
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on conviction be punished with imprisonment for a term which may extend from a minimum of 7 years to
a miximum of 15 years and may also be liable to a line.
32. Whoever sets up a computer network, or connects a link inside the computer network, without the prior
sanction of the Ministry of Communications, Posts and Telegraphs shall, on conviction be punished with
imprisonment for a term which may extend from a minimum of 7 years to a maximum of 15 years and
may also be liable to a fine.
33. Whoever fails to comply with a prohibitory order issued by the Council, or the Ministry of Education or the
Ministry of Communications, Posts and Telegraphs in respect of the type of computer prescribed under
sub-section (a) of section 26 shall, on conviction be-punished with imprisonment for a term which may
extend to 6 months or with fine or with both.
34. Whoever commits any of the following acts using computer network or any information technology shall,
on conviction be punished with imprisonment for a term which may extend from a minimum of 7 years to
a maximum of 15 years, and may also be liable to a fine:-
(a) carrying out any act which undermines State Security, prevalence of law and order and community
peace and tranquillity, national unity, State economy or national culture;
(b) obtaining or sending and distributing any information of State secret relevant to State security, pre
valance of law and order and community peace and tranquillity, national unity, State economy or
national Culture.
35. Whoever violates any order relating to control issued by the Council under Sub-section (c) and Sub-
section (d) of section 7 shall, on conviction be punished with imprisonment for a term which may extend
to 3 years or with fine or with both.
36. Whoever imports or export any type of computer software or any information prescribed by the Council
under sub-section (g) of section 7 shall on conviction be punished with imprisonment for a term which
may extend from a minimum of 5 years to a maximum of 10 years and may also be liable to a fine.
37. Whoever fails to comply with an order abolishing any computer association, issued by the Council under
sub-section (j) of section 7 shall, on conviction be punished with imprisonment for a term which may
extend to 3 years, or with fine or with both.
38. Whoever attempts or conspires to commit any offence under this law or abets in the commission of such
offence shall, on conviction be punished with the same penalty, prescribed in this Law for such offence.
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39. The Count shall, in ordering a penalty for any offence under this Law, confiscate, or destroy or dispose of
the exhibits relevant to the offence in accordance with the stipulations.
Chapter XI
Miscellaneous
40. With respect to transferring computer technology, it shall be done in accordance with the provisions of
Chapter VII of the Science and Technology Development Law.
41. In -instituting legal proceedings under this Law, prior sanction of the Ministry of Home Affairs shall be
obtained.
42. In order to carry out the provisions of this Law;
(a) The Ministry of Education may, with the approval of the Government; issue such rules and procedures
may be necessary;
(b) The Council or the Ministry of Education may issue such orders and directives as may be necessary;
(c) The Ministry of Communications, Posts and Telegraphs may issue such orders and directives as may be
necessary.
Sd./ Than Shwe
Senior General
Chairman
The State Law and Order Restoration Council
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