The State Peace and Development Council hereby enacts the following Law:-
1. The State Peace and Development Council, Multi-Party
Democracy General Election Commission, Government, Chief Justice, Attorney
General, Auditor General, Ministries and Departments.
2. The State Peace and Development Council, Multi-Party Democracy General Election Commission, Government, Chief Justice, Attorney General, Auditor General, Ministries and Departments shall carry out their functions in accordance with the State Budget Programme. In carrying out such functions, all receipts shall be credited to the State Budget and all expenditures payable shall be debited from the State Budget.
3. (a) The respective persons who
have been given the responsibility for the receipts and expenditures of
the State Peace and Development Council, Multi-Party Democracy General
Election Commission, Government, Chief Justice, Attorney General, Auditor
General, Ministries and Departments shall supervise and collect those receipts
and administer those expenditures as are shown against them in Schedules
(1), (2) (3) and (4).
(b) The respective
persons who have undertaken the responsibility under sub-section (a) may
delegate their powers to the respective persons serving under them.
(c) Supervision and
collection of the receipts and administration of the expenditures shall
be in accordance with the provisions of this Law, relevant laws, rules,
regulations, bye-laws, orders, directives and procedures.
4. (a) Out of the estimated receipts
shown is Schedules (1) and (3), if foreign aids and loans received under
Chapter III exceed the estimated amount, and if expenditures of those works
which are to be incurred out of such excess amount received as foreign
aids and loans are in excess of the sanctioned expenditures shown in Schedules
(2) and (4), the Government may approve after scrutiny. Provided
that, if expenditures t be incurred out of the State Budget in Kyats converted
from the aforesaid foreign aids and loans are not covered by the sum shown
in Schedules (2) and (4), then it may be incurred out of the reserve fund
in accordance with the provisions of section 6.
(b) The Government
shall submit matters relating to expenditures in excess permitted under
sub-section (a) to the State Peace and Development Council together with
objects and reasons casewise.
5. In respect of any alterations of sums shown in
Schedules (1), (2), (3) and (4) under requirement of work, it shall be
shown in the revised estimate budget for the 1998-99 financial year submitted
to the State Peace and Development Council.
6. (a) Expenditures incurred by the State Peace and Development Council, Multi-Party Democracy General Election Commission, Government, Chief Justice, Attorney General, Auditor General, Ministries and Departments out of the reserve fund shown in Schedule (4), column 12 shall be effected only in accordance with the following conditions:-
7. The State Peace and Development Council,
Multi-Party Democracy General Election Commission, Government, Chief Justice,
Attorney General, Auditor General, Ministries and Departments shall not
be allowed to submit supplementary budget of the State in respect of receipt
of amounts in excess of or less than the estimated amount under this Law
or appropriation of allotment by transferring budget heads within the sanctioned
expenditure or expenditure incurred from the reserve fund or expenditure
incurred with the sanction of the Government under section 4. Provided
that if expenditures in conformity with the conditions contained in section
6 are not covered by the reserve fund allowed under this Law, then such
expenditures may be submitted to the State Peace and Development Council
together with objects and reasons casewise.
8. For the purpose of projects or for expenditures shown in the State Budget, the Government may take loans by issuing security bonds guaranteed by Government or debentures or by other means, within the country or from abroad. Reasonable rates of interest may be prescribed for such loans. Conditions for repayment, redemption or provision otherwise may also be stipulated.
9. Regarding loans obtained by issuing security bonds for covering the deficit in the budget of the previous financial year, new security bonds may be issued when payment of the loan becomes due.
10. The State Economic Organizations and Cantonment Municipalities may take loans from abroad, for their projects with the approval of the Government.
11. The Government may grant permission to any Government Department to borrow money from abroad for any project.
12. (a) The Government may empower the Minister of the Ministry of Finance and Revenue for carrying out wholly or partly the duties contained in this Chapter III.
(b) The Minister of the Ministry of Finance and Revenue may, on behalf of the State furnish guarantees for the taking of loans under this Chapter III.
13. During the Financial Year commencing 1st April
1998 and ending on 31st march 1999 the amount of loans actually received
by the execution of loan agreements under this Chapter III shall not exceed
Kyats fifty thousands million.
14. The State Economic Organizations shall carry out their functions in accordance with the State Budget Programme. In carrying out such functions, all receipts shall be credited to the State Budget and all expenditures payable shall be debited from the State Budget.
15. (a) The respective persons who
have been given the responsibility for the receipt and expenditure of the
State Economic Organizations shall supervise and collect those receipts
and administer those expenditures as are shown against them on Schedules
(5) and (6).
(b) The
respective persons who have undertaken the responsibility under sub-section
(a) may delegate their powers to the respective persons serving under them.
(c) Supervision
and collection of the receipts and administration of the expenditures shall
be in accordance with the provisions of this Law, relevant laws, rules,
regulations, bye-laws, orders, directives and procedures.
16. (a) The government may alter
the amounts shown in Schedules (5) and (6), if it becomes necessary for
the functions of the State Economic Organizations. Such alterations
shall be shown in the revised estimate budget for the 1998-99 financial
year submitted to the State Peace and Development Council together with
objects and reasons therefor.
(b) The
Government may determine the amount of money to be contributed by the State
Economic Organizations towards the State.
18. (a) The respective persons who
have been given the responsibility for the receipt and expenditure of Cantonment
Municipalities shall supervise and collect those receipts and administer
those expenditures as are shown against them in Schedules (7) and (8).
(b)
The respective persons who have undertaken the responsibility under sub-section
(a) may delegate their powers to the respective persons serving under them.
(c) Supervision
and collection of the receipts and administration of the expenditures shall
be in accordance with the provisions of this Law, relevant laws, rules,
regulations, bye-laws, orders, directives and procedures.
19. (a) The Government may alter
the amounts shown in Schedules (7) and (8), if it becomes necessary for
the functions of Cantonment Municipalities. Such alterations shall
be shown in the revised estimate budget for the 1998-99 financial year
submitted to the State Peace and Development Council together with objects
and reasons therefor.
(b) The
Government may permit Cantonment Municipalities to obtain money required
for carrying out their functions or for investment from grants or loans.
20. The Cantonment Municipalities may collect only
such rates and taxes permitted by the existing laws, rules, regulations,
by-laws, orders, directives as are relevant to them.
21. The Government may grant loans and contributions
to the Development Committees and Municipalities.