
National Convention continues Fundamental Principles and Detailed
Basic Principles laid down by NC read out
Yangon, 28 Aug - The Plenary Session of
the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp,
Hmawby Township, Yangon Division, at 9 am today.
The Panel of Chairmen presented the
Fundamental Principles and Detailed Basic Principles adopted by National
Convention.
Present on the occasion were members of
the National Convention Convening Commission, members of the National
Convention Convening Work Committee, members of the National Convention
Convening Management Committee, chairmen and officials of sub-committees,
delegates of political parties such as National Unity Party, Union Pa-O
National Organization, Shan State Kokang Democratic Party, Mro (or) Khami
National Solidarity Organization, Lahu National Development Party, Union Kayin
League, Kokang Democracy and Unity Party and Wa National Development Party,
representatives-elect of National Unity Party and Mro (or) Khami National
Solidarity Organization, independent representatives, delegates of national
races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan
(North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay,
Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah,
Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States,
Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions,
delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan
(South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago,
Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals
and intelligentsia, delegates of State Service Personnel from the State Peace
and Development Council Office, the President Office, the Pyithu Hluttaw
Office, the Government Office, the Supreme Court, the Attorney-General's
Office, the Auditor-General's Office, the Multi-party Democracy General
Election Commission Office, the Civil Service Selection and Training Board,
the Yangon City Development Com-mittee, the Mandalay City Development
Committee and the State service personnel of the respective ministries, other
invited delegates, delegates from Shan State (North) Special Region-1, Shan
State (North) Special Region-2, Shan State (North) Special Region-3, Shan
State (East) Special Region-4, Shan State (North) Special Region-5, Shan State
(South) Special Region-6, Kachin State Special Region-1, Kachin State Special
Region-2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah
State Special Region-3, Kayinni National Democratic Party (KNDP) (Dragon)
Group, Kayinni National Progressive Party (KNPP) Breakaway (Hoya), Kayinni
National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin
Buddhist Organization (DKBA) and Haungthayaw Special Region Group who have
returned to the legal fold, Nyeinchanyay Myothit Group from Hpa-an Township of
Kayin State, Burma Communist Party (Rakhine Group), Arakan Army (AA), Homein
Region Development and Welfare Group, Shwepyiaye (MTA), Manpan People's
Militia Group, Mon Peace Group (Chaungchi Region) and Mon (Breakaway) Nai Seik
Chan Group that had exchanged arms for peace.
At 7.30 am, before the plenary session
of the National Convention, members of the National Convention Convening
Commission, members of the National Convention Convening Work Committee,
members of the National Convention Convening Management Committee, chairmen of
the respective subcommittees and members, delegates of political parties,
representatives-elect, delegates of national races, delegates of peasants,
delegates of intellectuals and intelligentsia delegates of workers, delegates
of service personnel and other invited delegates signed in the attendance
books at Pyidaungsu Hall and the recreation hall for National Convention
delegates. At the plenary session, U Kyaw Win Tun of Delegate Group of Workers
presided over the meeting together with U Myo Thant (Maung Hsu Shin) of NCC
Work Committee, U Saw Philip (a) U Philip Sam of Delegate Group of Political
Parties, U Maung Gyi of Delegate Group of Representatives-Elect, U Maung Hla
(a) U Hla Myint of Delegate Group of National Races, U Kan Nyunt of Delegate
Group of Peasants, Dr Maung Maung Wint of Delegate Group of Intellectuals and
Intelligentsia, U Tin Kha of Delegate Group of State Service Personnel and Dr
Ma Nan Tu Ja of Delegate Group of Other Invited Persons as members of the
panel of chairmen.
Director U Than Aung of the NCC Work
Committee Office acted as MC and Deputy Director U Aung Kyi as co-MC. The MC
declared the start of the meeting with the permission of the chairman as 1056
out of 1071 delegates were in attendance, accounting for 98.6 per cent.
First, Chairman of the Plenary Session
of the National Convention U Kan Nyunt of Delegate Group of Peasants made a
speech.
Next, The Panel of Chairmen presented
the Fundamental Principles and Detailed Basic Principles adopted by National
Convention. First, Member of the Panel of Chairmen of the Plenary Session of
the National Convention U Kan Nyunt of Delegate Group of Peasants of the
National Convention Convening Work Committee read out the detailed basic
principles regarding formation of financial commission and duties and
privileges that are included in the sharing of legislative power of the
Chapter of Legislation, and Union Hluttaw to be included in the legislative
matters at different levels. (The presentation is reported separately.)
Next, Member of the Panel of Chairmen
of the Plenary Session of the National Convention U Kyaw Win Tun of the
Delegate Group of Workers read out detailed basic principles regarding Pyithu
Hluttaw and Amyotha Hluttaw to be included in Chapter of Legislation. The
Plenary Session of the National Convention took a break at 10 am.
(The presentation will be reported.)
When the Plenary Session of the
National Convention resumed at 10.15 am, Member of the Panel of Chairmen Dr
Maung Maung Wint of Delegate Group of Intellectuals and Intelligentsia read
out detailed basic principles concerning Region or State Hluttaw in the
legislative section of Hluttaws at different levels included in the Chapter of
Legislation.
(The presentation will be reported.)
Next, Member of Panel of Chairmen U Tin
Kha of Delegate Group of State Service Personnel read out detailed basic
principles regarding formation of executive to be included in the Chapter of
Executive and the Plenary Session of the National Convention was adjourned at
11 am.
(The presentation will be reported.)
The Plenary Session of the National
Convention continues at 9 am on 30 August at the Pyidaungsu Hall.
![]()
Legislative powers of the State are distributed among Pyidaungsu
Hluttaw, region hluttaws and state hluttaws
Yangon, 28 Aug - The Panel of Chairmen
of the Plenary Session of the National Convention presented Fundamental
Principles and Detailed Basic Principles adopted by the National Convention in
drafting the State Constitution to the Plenary Session of the National
Convention. The following is the ?Formation of Legislature' in the Chapter
?Legislature' read out by Member of the Panel of Chairmen of the Plenary
Session of the National Convention U Maung Gyi of Delegate Group of
Representatives-elect.
Chapter (IV)Legislature
Formation of Legislature
1. In connection with the legislature,
(a) the legislative powers of the State
are distributed among Pyidaungsu Hluttaw, region hluttaws and state hluttaws;
(b) legislative power prescribed by the
Constitution is distributed to self- administered areas.
2. In connection with the two Hluttaws,
(a) the Hluttaw formed with Hluttaw
representatives elected on the basis of population as well as on the basis of
township and Tatmadaw member Hluttaw representatives nominated by the
Commander-in-Chief of the Defence Services shall be known as Pyithu Hluttaw;
(b) the Hluttaw formed with Hluttaw
representatives elected in equal numbers from regions and states and Tatmadaw
member Hluttaw representatives nominated by the Commander-in-Chief of the
Defence Services shall be known as Amyotha Hluttaw.
Formation of the Pyidaungsu Hluttaw
3. In connection with formation of the
Pyidaungsu Hluttaw,
Pyidaungsu Hluttaw comprises the
following two Hluttaws:
(a) Pyithu Hluttaw formed with Hluttaw
representatives elected on the basis of population as well as on the basis of
township and Tatmadaw member Hluttaw representatives nominated by the
Commander-in-Chief of the Defence Services;
Amyotha Hluttaw formed with Hluttaw
representatives elected in equal numbers from regions and states and Tatmadaw
member Hluttaw representatives nominated by the Commander-in-Chief of the
Defence Services.
4. In connection with formation of
Pyithu Hluttaw,
Pyithu Hluttaw shall be formed with a
maximum of 440 Hluttaw representatives as follows:
(a) Not more than 330 Hluttaw
representatives elected on the basis of township as well as on the basis of
population from constituencies designated in accord with the law after
combining a newly formed township with one of the suitable townships adjacent
to it if the total number of townships exceeds 330;
(b) Not more than 110 Tatmadaw member
Hluttaw representatives nominated in accord with law by the Commander-in-Chief
of the Defence Services.
5. In connection with the leaders and
the deputy leaders of respective Hluttaws,
the leader who is to lead in supervising the Hluttaw meeting
held for the taking of oath of office by Hluttaw representatives and electing
of Hluttaw okkahta and deputy okkahta on the day of commencement of the first
Hluttaw meeting for each tenure of a Hluttaw concerned shall be called
thabapati; the leader and the deputy leader of Pyidaungsu Hluttaw shall be
called nayaka and the deputy nayaka; the leader and the deputy leader of
Pyithu Hluttaw, Amyotha Hluttaw, region hluttaw or state hluttaw shall be
called okkahta and deputy okkahta.
6. In connection with election of
thabapati of Pyithu Hluttaw.
(a) a Pyithu Hluttaw representative
shall be elected as thabapati of Pyithu Hluttaw at the commencement of the
first meeting of Pyithu Hluttaw for each tenure of Pyithu Hluttaw;
(b) the thabapati shall take the oath
of office before the Pyithu Hluttaw;
(c) the thabapati shall supervise the
Pyithu Hluttaw meeting till completion of election of okkahta and deputy
okkahta of Pyithu Hluttaw.
7. In connection with election of
okkahta and deputy okkahta of Pyithu Hluttaw,
(a) in Pyithu Hluttaw,
(1) Pyithu Hluttaw representatives
shall elect one okkahta and one deputy okkahta from amongst Pyithu Hluttaw
representatives;
(2) In the event the post of okkahta or
deputy okkahta becomes vacant, a replacement shall be elected at the nearest
meeting of Pyithu Hluttaw;
(3) In the event okkahta is unable to
perform the duties of okkahta, deputy okkahta shall temporarily perform the
duties of okkahta.
(b) methods for electing okkahta and
deputy okkahta of Pyithu Hluttaw shall be prescribed by law.
8. In connection with performance and
termination of duties of okkahta and deputy okkahta of Pyithu Hluttaw,
(a) Okkahta and deputy okkahta of
Pyithu Hluttaw shall perform their duties up to the time before commencement
of the first meeting of the next tenure of Pyithu Hluttaw;
(b) Okkahta or deputy okkahta, in the
event of resigning from the post, being caused to cease to be Pyithu Hluttaw
representative, having no right to continue to be Pyithu Hluttaw
representative, being withdrawn by Pyithu Hluttaw from duties of okkahta or
deputy okkahta, or passing away, shall have been caused to cease to be okkahta
or deputy okkahta.
9. In connection with responsibilities,
rights and privileges of okkahta and deputy okkahta of Pyithu Hluttaw,
? responsibilities, rights and
privileges of okkahta and deputy okkahta of Pyithu Hluttaw shall be prescribed
by law.
10. In connection with the status of
okkahta and deputy okkahta of Pyithu Hluttaw,
Okkahta of Pyithu Hluttaw is prescribed
to be of the same status as Vice - President, and the deputy okkahta is
prescribed to be of the same status as Union Minister, for the purpose of
reference in prescribing by law responsibilities, rights and privileges of
okkahta and deputy okkahta of Pyithu Hluttaw.
Formation of Pyithu Hluttaw Committees
11. In Pyithu Hluttaw,
(a) In connection with formation of
Pyithu Hluttaw committees,
(1) Pyithu Hluttaw shall form bills
committee, public accounts committee, Hluttaw rights committee, and
government's guarantees, pledges and undertakings scrutiny commit-tee with
Pyithu Hluttaw representative;
(2) In the event occasion arises to
have studies made and submitted on defence and security matters or Tatmadaw
affairs, Pyithu Hluttaw shall form the defence and security committee with
Tatmadaw member Pyithu Hluttaw representatives, prescribing a period of time
for it. The defence and security committee so formed may if necessary co-opt
non - Tatmadaw member Pyithu Hluttaw representatives in accord with
requirements at work;
(3) If necessary to have studies made
and submitted on legislative affairs, executive affairs, national races
affairs, economic affairs, financial affairs, social affairs, foreign affairs
or other affairs, Hluttaw committees may be formed with Pyithu Hluttaw
representatives, with a period of time prescribed for it;
(4) Pyithu Hluttaw shall prescribe the
number of members, duties, rights, privileges and tenures of Pyithu Hluttaw
committees;
(5) for forming a joint committee
comprising equal numbers of representatives from Pyithu Hluttaw and Amyotha
Hluttaw, if some matter arises to coordinate with Amyotha Hluttaw, Pyithu
Hluttaw may elect and assign Pyithu Hluttaw representatives who will serve on
that committee. The tenure of the joint committee shall be up to the time of
submitting the report to the Hluttaw concerned.
(6) In the event both Pyithu Hluttaw
and Amyotha Hluttaw have some matter to study, apart from matters to be
handled by committees as in Sub - paragraphs (1) and (2) mentioned above,
okkahtas of these Hluttaws may coordinate between themselves and form a joint
committee comprising equal numbers of representatives from Pyithu Hluttaw and
Amyotha Hluttaw. Pyithu Hluttaw may elect and assign Pyithu Hluttaw
representatives to serve on that committee. The tenure of that joint committee
shall be up to the time of submitting the report to the Hluttaw concerned.
(b) In connection with formation of
Pyithu Hluttaw commissions and bodies,
(1) If necessary to study matters other
than those studied by Pyithu Hluttaw Committees, Pyithu Hluttaw may form
commissions and bodies with Pyithu Hluttaw representatives or with inclusion
of suitable citizens;
(2) When forming those commissions and
bodies, Pyithu Hluttaw shall prescribe the number of members, duties, rights
and privileges of those commissions and bodies.
12. In connection with the tenure of
Pyithu Hluttaw,
The tenure of Pyithu Hluttaw is five
years from the day of commencement of the first meeting of that Hluttaw.
13. In connection with formation of
Amyotha Hluttaw,
Amyotha Hluttaw shall be formed with a
maximum of 224 Hluttaw representatives, as follows:
(a) 168 Amyotha Hluttaw representatives
elected in equal numbers of 12 from each region or state inclusive of the
respective Union territories, and including one representative from each
self-administered division or self-administered zone;
(b) 56 Tatmadaw member Amyotha Hluttaw
representatives nominated by the Commander-in-Chief of Defence Services in
accord with law
at the rate of four representatives
from each region or state inclusive of the respective Union territories.
(c) In forming the Amyotha Hluttaw in
accord with the subparas (a) and (b), the words the respective Union
territories mean Union territories designated by this Constitution and Union
territories proclaimed by Pyidaungsu Hluttaw after enacting laws concerning
the matter to elect Amyotha Hluttaw representatives are inclusive in the State
or Division or the Region or State they are included in.
14. In connection with election of
thabapati of Amyotha Hluttaw,
(a) an Amyotha Hluttaw representative
shall be elected as thabapati of Amyotha Hluttaw at the commencement of the
first meeting of Amyotha Hluttaw for each tenure of Amyotha Hluttaw;
(b) the thabapati shall take the oath
of office before the Amyotha Hluttaw;
(c) the thabapati shall supervise the
Amyotha Hluttaw meeting till completion of election of okkahta and deputy
okkahta of Amyotha Hluttaw.
15. In connection with election of
okkahta and deputy okkahta of Amyotha Hluttaw,
(a) in Amyotha Hluttaw,
(1) Amyotha Hluttaw representatives
shall elect one okkahta and one deputy okkahta from amongst Amyotha Hluttaw
representatives;
(2) In the event the post of okkahta or
deputy okkahta becomes vacant, a replacement shall be elected at the nearest
meeting of Amyotha Hluttaw;
(3) In the event okkahta is unable to
perform the duties of okkahta, deputy okkahta shall temporarily perform the
duties of okkahta.
(b) methods for electing okkahta and
deputy okkahta of Amyotha Hluttaw shall be prescribed by law.
16. In connection with performance and
termination of duties of okkahta and deputy okkahta of Amyotha Hluttaw,
(a) Okkahta and deputy okkahta of
Amyotha Hluttaw shall perform their duties up to the time before commencement
of the first meeting of the next tenure of Amyotha Hluttaw;
(b) Okkahta or deputy okkahta, in the
event of resigning from the post, being caused to cease to be Amyotha Hluttaw
representative, having no right to continue to be Amyotha Hluttaw
representative, being withdrawn by Amyotha Hluttaw from duties of okkahta or
deputy okkahta, or passing away, shall have been caused to cease to be okkahta
or deputy okkahta.
17. In connection with
responsibilities, rights and privileges, of okkahta and deputy okkahta of
Amyotha Hluttaw,
responsibilities, rights and privileges of okkahta and deputy
okkahta of Amyotha Hluttaw shall be
prescribed by law.
18. In connection with the status of
okkahta and deputy okkahta of Amyotha Hluttaw,
Okkahta of Amyotha Hluttaw is
prescribed to be of the same status as Vice - President, and the deputy
okkahta is prescribed to be of the same status as Union Minister, for the
purpose of reference in prescribing by law responsibilities, rights and
privileges of okkahta and deputy okkahta of Amyotha Hluttaw.
19. In connection with formation of
Amyotha Hluttaw committees,
(a) Amyotha Hluttaw shall form bills
committee, public accounts committee, Hluttaw rights committee, and
government's guarantees, pledges and undertakings scrutiny committee with
Amyotha Hluttaw representatives;
(b) In the event occasion arises to
have studies made and submitted on defence and security matters or
Tatmadaw affairs, Amyotha Hluttaw shall
form the defence and security committee with Tatmadaw member Amyotha Hluttaw
representatives, prescribing a period of time for it. The defence and security
committee so formed may if necessary co-opt non-Tatmadaw member Amyotha
Hluttaw representatives in accord with requirements at work;
(c) If necessary to have studies made
and submitted on legislative affairs, executive affairs, national races
affairs, economic affairs, financial affairs, social affairs, foreign affairs
or other affairs, Hluttaw committees may be formed with Amyotha Hluttaw
representatives, with a period of time prescribed for it;
(d) Amyotha Hluttaw shall prescribe the
number of members, duties, rights, privileges and tenures of Amyotha Hluttaw
committees;
(e) For forming a joint committee
comprising equal numbers of representatives from Amyotha Hluttaw and Pyithu
Hluttaw, if some matter arises to coordinate with Pyithu Hluttaw, Amyotha
Hluttaw may elect and assign Amyotha Hluttaw representatives who will serve on
that committee. The tenure of the joint committee shall be up to the time of
submitting the report to the Hluttaw concerned;
(f) In the event both Amyotha Hluttaw
and Pyithu Hluttaw have some matter to study, apart from matters to be handled
by committees as in Sub-paragraphs (a) and (b) mentioned above, okkahtas of
these Hluttaws may coordinate between themselves and form a joint committee
comprising equal numbers of representatives from Amyotha Hluttaw and Pyithu
Hluttaw. Amyotha Hluttaw may elect and assign Amyotha Hluttaw representatives
to serve on that committee. The tenure of that joint committee shall be up to
the time of submitting the report to the Hluttaw concerned.
20. In connection with formation of
Pyithu Hluttaw commissions and bodies,
(a) If necessary to study matters other
than those studied by Amyotha Hluttaw committees, Amyotha Hluttaw may form
commissions and bodies with Amyotha Hluttaw representatives or with inclusion
of suitable citizens;
(b) When forming those commissions and
bodies, Amyotha Hluttaw shall prescribe the number of members, duties, rights
and privileges of those commissions and bodies.
21. In connection with the tenure of
Amyotha Hluttaw,
The tenure of Amyotha Hluttaw is the
same as that of Pyithu Hluttaw. The tenure of Amyotha Hluttaw expires on the
day that of Pyithu Hluttaw expires.
22. In connection with performance of
duties by the nayaka and deputy nayaka of Pyidaungsu Hluttaw,
(a) The okkahta and deputy okkahta of
Amyotha Hluttaw shall serve also as the nayaka and deputy nayaka of Pyidaungsu
Hluttaw from the day the tenure of office the Pyithu Hluttaw commences up to
the end of 30 months. The okkahta and deputy okkahta of Pyithu Hluttaw shall
serve also as nayaka and deputy nayaka of Pyidaungsu Hluttaw for the remaining
tenure of office;
(b) In the event the nayaka of
Pyidaungsu Hluttaw is unable to perform the duties of nayaka, the deputy
nayaka shall temporarily perform the duties of the nayaka.
![]()
Region or State Hluttaw representatives shall elect one okkahta and
one deputy okkahta from amongst Region or State Hluttaw representatives
Yangon, 28 Aug - The Panel of Chairmen
of the Plenary Session of the National Convention presented Fundamental
Principles and Detailed Basic Principles adopted by the National Convention in
drafting the State Constitution to the Plenary Session of the National
Convention. The following is the ?Formation of Legislature and Sharing of
Legislative Power' in the Chapter ?Legislature' presented by Member of the
Panel of Chairmen of the Plenary Session of the National Convention U Maung
Hla (a) UHla Myint of Delegate Group of National Races.
23. In connection with formation of the
Region Hluttaw or State Hluttaw,
Region or State Hluttaw shall be formed
as follows:
(a) In Regions or States, Region or
State Hluttaw representatives - two elected from each township;
(b) In Regions, Region Hluttaw
representatives? one elected from each national race decided by the
authorities concerned as having population which constitutes 0.1 percent of
the population of the State, of the remaining national races other than those
who have already got the respective Region or as self-administered area in
that region;
(c) In State, State Hluttaw
representatives- one elected from each national race decided by the
authorities concerned as having population which constitutes 0.1 percent of
the population of the State, of the remaining national races other than those
who have already got the respective State or a self - administered area in
that state;
(d) Region or State Tatmadaw member
Hluttaw representatives nominated by the Commander - in - Chief of Defence
Services in a number equal to one - third of the total number of Hluttaw
representatives elected under subparagraphs (a) and (b) or (a) and (c).
24. In connection with election of the
thabapati of Region or State Hluttaw,
(a) A Region or State Hluttaw
representative shall be elected as thabapati of Region or State Hluttaw at the
commencement of the first meeting of Region or State Hluttaw for each tenure
of Region or State Hluttaw;
(b) The thabapati shall take the oath
of office before the Region or State Hluttaw;
(c) The thabapati shall supervise the
Region or State Hluttaw meeting till completion of election of okkahta and
deputy okkahta of Region or State Hluttaw.
25. In connection with election of
okkahta and deputy okkahta of Region or State Hluttaw,
(a) in Region or State Hluttaw,
(1) Region or State Hluttaw
representatives shall elect one okkahta and one deputy okkahta from amongst
Region or State Hluttaw representatives;
(2) In the event the post of okkahta or
deputy okkahta becomes vacant, a replacement shall be elected at the nearest
meeting of the Hluttaw;
(3) In the event okkahta is unable to
perform the duties of okkahta, deputy okkahta shall temporarily perform the
duties of okkahta.
(b) methods for electing okkahta and
deputy okkahta of Region or State Hluttaw shall be prescribed by law.
26. In connection with performance and
termination of duties of okkahta and deputy okkahta of Region or State Hluttaw;
(a) Okkahta and deputy okkahta of
Region or State Hluttaw shall perform their duties up to the time before
commencement of the first meeting of the next tenure of Region or State
Hluttaw;
(b) Okkahta or deputy okkahta, in the
event of resigning from the post, being caused to cease to be Region or State
Hluttaw representative, having no right to continue to be Region or State
Hluttaw representative, being withdrawn by Region or State Hluttaw from duties
of okkahta or deputy okkahta, or passing away, shall have been caused to cease
to be okkahta or deputy okkahta.
27. In connection with
responsibilities, rights and privileges of okkahta and deputy okkahta of
Region or State Hluttaw, - responsibilities, rights and privileges of okkahta
and deputy okkahta of Region or State Hluttaw shall be prescribed by law.
28. In connection with the status of
okkahta and deputy okkahta of Region or State Hluttaw,
Okkahta of Region or State Hluttaw is
prescribed to be of the same status as Union Minister and the deputy okkahta
is prescribed to be of the same status as Region or State Minister, for the
purpose of reference in prescribing by law responsibilities, rights and
privileges of okkahta and deputy okkahta of Region or State Hluttaw.
29. In connection with formation of
Region or State Hluttaw committees and bodies,
(a) The Region or State Hluttaw may, if
and when necessary, form committees and bodies with the Region or State
Hluttaw representatives concerned to study and report on legislative affairs
and national races affairs entrusted by the Constitution;
(b) The Region or State Hluttaw may
include suitable citizens in the committees and bodies;
(c) When forming committees and bodies,
Region or State Hluttaw shall prescribe the number of members, duties, rights,
privileges and tenure of those committees or bodies.
30. In connection with the tenure of
Region or State Hluttaw,
The tenure of Region or State Hluttaw
is the same as that of Pyithu Hluttaw. The tenure of Region or State Hluttaw
expires on the day that of Pyithu Hluttaw expires.
31. In connection with duties, rights
and privileges of Pyithu Hluttaw, Amyotha Hluttaw and Region or State Hluttaw
representatives,
- duties, rights and privileges of
Pyithu Hluttaw, Amyotha Hluttaw and Region or State Hluttaw representatives
shall be prescribed by law.
32. In connection with prescribing of
the qualifications of the Pyithu Hluttaw representatives,
- Persons who possess the following
qualifications have the right to stand for election as Pyithu Hluttaw
representatives:
(a) having attained the age of 25
years;
(b) being a citizen born of parents
both of whom are also citizens;
(c) having settled in the Union of
Myanmar for at least 10 consecutive years up to the time of being elected
Pyithu Hluttaw representative;
Exception-"The period of staying
abroad with the permission of the government shall be deemed to have settled
in the Union.
(d) possessing qualifications
prescribed in the election law.
33. In connection with those who have
no right to stand for election as Pyithu Hluttaw representatives,
The following persons shall not have
the right to stand for election as Pyithu Hluttaw representatives:
(a) person serving prison term, having
been convicted by the court concerned for having committed an offence;
(b) person still within the period the
authorities have prescribed that he or she has no right to be elected as
Pyithu Hluttaw representative for having been punished for a commitment of
offence that makes him or her lose qualifications required of a Pyithu Hluttaw
representative before or after the State Constitution comes into force;
(c) persons adjudged to be of unsound
mind as provided for in the relevant law;
(d) person who has not yet been cleared
from being declared destitute;
(e) person owing allegiance to a
foreign government, or a subject of a foreign government or a citizen of a
foreign country;
(f) person who is entitled to rights
and privileges of a subject of a foreign government, or a citizen of a foreign
country;
(g) person who obtains and makes use or
member of an organization that obtains and makes use of money, land, housing,
building, vehicle, property etc. directly or indirectly from a foreign
country"s government, or religious organization or other organizations;
(h) person who commits or abets or
member of an organization that commits or abets acts of inciting, making
speeches or issuing declarations to vote or not to vote;
(i) members of a religious order;
(j) civil service personnel;
proviso: The expression shall not apply
to Tatmadaw member Hluttaw representatives.
(k) person who obtains and makes use or
member of an organization that obtains and makes use of State funds, land,
housing, buildings, vehicles or property directly or indirectly;
proviso: (1) The expression "State
funds" does not apply to pension or allowances officially granted by the
State for services rendered for the benefit of the State.
(2) The expression "land, housing,
buildings, vehicles and property belonging to the State" does not apply
to State-owned land, housing, buildings and apartments, other buildings and
apartments, State-owned air-craft, trains, vessels and motorcars and property
etc. which have been permitted by the State to be used under an existing law
or as required by duty or leased from the State on payment;
(l) person still within the period the
authorities have pre-scribed that he or she has no right to be elected as
Pyithu Hluttaw representative for commission of an unlawful act or for failure
to act in conformity under the election law making him or her lose
qualifications required of a Pyithu Hluttaw representative before or after the
State Constitution comes into force.
34. In connection with qualifications
of Tatmadaw member Hluttaw representatives,
Tatmadaw members nominated by the
Commander-in-Chief of the Defence Services as Pyithu Hluttaw representatives
in accord with law shall possess qualifications prescribed for Pyithu Hluttaw
representatives.
35. In connection with qualifications
of Amyotha Hluttaw representatives,
- Amyotha Hluttaw representatives
(a) shall have completed 30 years of
age;
(b) shall possess qualifications to
have the right to stand for election as Pyithu Hluttaw representatives other
than the age limit;
(c) shall be subject to provisions
which disqualify a person from standing for election as Pyithu Hluttaw
representatives.
36. In connection with the
qualifications of Tatmadaw member Amyotha Hluttaw representatives,
Tatmadaw members nominated by the
Commander -in-Chief of the Defence Services as Amyotha Hluttaw representatives
in accord with law shall possess qualifications prescribed for Amyotha Hluttaw
representatives.
37. In connection with qualifications
of the Region or State Hluttaw representatives,
Region or State Hluttaw representatives
(a) shall possess qualifications to
have the right to stand for election as Pyithu Hluttaw representatives;
(b) shall be subject to provisions
which disqualify a person from standing for election as Pyithu Hluttaw
representatives.
38. In connection with the
qualifications of Tatmadaw member Region or State Hluttaw representatives,
Tatmadaw members nominated by the
Commander-in-Chief of the Defence Services as Region or State Hluttaw
representatives in accord with law shall possess qualifications prescribed for
the Region or State Hluttaw representatives.
Sharing of Legislative Power
1. Concerning Defence and Security of
the Union
(A) In the Union Legislative List-
1. The defence of the Union of Myanmar
and of its every part, and to prepare a defence programme thereof;
2. Defence and security industries;
3. Arms and ammunition and explosives
including biological and chemical weapons;
4. Nuclear energy, unclear fuel and
radiation, and mineral resources that produce them;
5. Declaration of war and declaration
of peace;
6. Peace and stability of State and the
rule of law;
7. Police Force.
2. Concerning foreign affairs sector
(A) In the Union Legislative List-
1. diplomats, consular officials and
trade representatives;
2. the United Nations;
3. participation in international,
regional and bilateral conferences, seminars, meetings, associations and other
organizations and the implementation of their resolutions;
4. realization and materialization of
international and regional treaties, agreements, conventions, bilateral
agreements and other contracts;
5. passports, entry visas and
certificates of identity;
6. entry into the Union of Myanmar,
departure from the country, immigration control and deportation order;
7. the extradition of criminals to the
home country and request made therefrom.
3. Concerning finance and planning
affairs
(A) In the Union Legislative List-
(1) The Union budget
(2) The Union Fund
(3) Currency and coinage
(4) The Central Bank of Myanmar and
financial institutions
(5) Foreign Exchange control
(6) Capital and money market
(7) Insurance
(8) Income tax
(9) Commercial tax
(10) Stamp duty
(11) Customs
(12) State lottery
(13) Tax appeal
(14) Service enterprises of the Union
(15) Disposal of Union-owned property
through sale or rent or other means
(16) Disbursement of loans from the
Union funds
(17) Investment with the Union funds
(18) Loans borrowed from inside and
outside the country
(19) Acquisitions of the Union
(20) External financial assistance and
aid
(21) National Plan
(22) Data collection
(23) National Archives
(24) Investment, and
(25) Inspection of statistics
(B) In the Region or State Legislative
List-
(1) The Region or State Budget
(2) The Region or State Fund
(3) Land revenue
(4) Excise duties (excluding narcotic
drugs and psychotropic substances)
(5) Development Affairs revenues such
as building and land revenue, water tax, street light tax, wheel tax
(6) Service enterprises of the Regions
or States
(7) Disposal of the Region or
State-owned property through sale, rent or other means
(8) Disbursement of loans within the
country from the regional or State Fund
(9) Investment of funds from the
Regional or State Fund within the country
(10) Regional projects
(11) Small loans enterprise
4. Concerning economic sector
(A) In the Union Legislative List-
(1) Economy;
(2) Trade;
(3) Cooperatives;
(4) Corporations, boards, enterprises,
companies and partnerships;
(5) Imports and exports, and control of
their quality;
(6) Hotels and accommodation; and
(7) Tour business.
(B) In the Region or State Legislative
List-
1. Economic activities carried out in a
region or state in accord with the law enacted by the Pyidaungsu;
2. Trade activities carried out in a
region or state in accord with the law enacted by the Pyidaungsu; and
3. Cooperative activities carried out
in a region or state in accord with the law enacted by the Pyidaungsu.
5. Concerning agriculture and livestock
breeding sector
(A) In the Union Legislative List-
(1) land management,
(2) reclamation of vacant, fallow and
virgin lands,
(3) settlement and land records,
(4) survey
(5) dams, embankments and water supply
managed by Pyidaungsu,
(6) technology, hydrology and seismic
survey,
(7) registration,
(8) mechanized farming,
(9) agricultural research,
(10) chemical fertilizer and
insecticide,
(11) marine fisheries,
(12) animal reproduction, disease
control and treatment and research
(B) In the Region or State Legislative
List-
(1) agriculture
(2) prevention and control of pests,
(3) proper use of chemical fertilizer
and systematic production of inorganic fertilizer,
(4) agricultural loans and savings,
(5) dams, embankments, lakes, ditches
and supply of irrigation water, for which the divisions or states have the
right to manage,
(6) freshwater fisheries, and
(7) livestock breeding and keeping of
animals systematically in accord with the law enacted by the Union
6. Concerning energy, electricity,
mining and forestry sector
(A) In the Union Legislative List-
(1) oil, gas and other liquid and solid
products considered dangerously inflammable according to Pyidaungsu Law;
(2) Union electricity production and
distribution;
(3) minerals, mines, safety of mines
workers, and environmental conservation and reconstruction;
(4) gems;
(5) pearl;
(6) forest; and
(7) conservation and protection of
wildlife, natural trees and natural areas including the environment.
(B) In the Region or State Legislative
List-
(1) small electricity production and
distribution industry under the supervision of the region or the state, except
big and medium electricity production and distribution under the supervision
of the Union;
(2) salt and salt products;
(3) the cutting and polishing of gem
stones in the region or state;
(4) village-owned fuel wood
plantations; and
(5) recreation centres, zoological
gardens and botanical gardens.
7. Concerning industrial sector
(A) In the Union Legislative List-
(1) Industries to be undertaken by the
Pyidaungsu level;
(2) Industrial Zones;
(3) Standardization and specification
of manufactured commodities;
(4) Science and technology and research
on science and technology;
(5) Standardization of weights and
measures; and
(6) Intellectual properties such as
copyrights, patents, trademarks, industrial designs.
(B) In the Region or State Legislative
List-
(1) Industries other than those
designated to be undertaken by the Pyidaungsu level; and
(2) Cottage industries.
8. Concerning transport, communication
and construction sector
(A) In the Union Legislative List-
(1) Inland Water Transport
(2) Maintenance of waterways
(3) Water resources and river systems
improvement
(4) Maritime shipping
(5) Port terminals
(6) Lighthouse, lightship and
lighthouse facilities
(7) Shipbuilding, repair and
maintenance
(8) Air transport
(9) Aviation, flight control and
building of airfields
(10) Road transport
(11) Railways
(12) Roads and bridges under the
management of Pyidaungsu
(13) Posts, telecommunications,
telephones, fax, e-mail, Internet, Intranet and similar communication services
(14) TV, satellite communication,
transmission and reception and similar communication services
(15) Residences and buildings
(B) In the Region or State Legislative
List-
(1) Ports, jetties and pontoons under
the management of the Region of State
(2) Roads and bridges under the
management of the Region or State
(3) Systematic movement of the
private-owned vehicles within a Region or State.
9. Concerning social sector
(A) In the Union Legislative List-
(1) Curricula, syllabus, teaching
methods, research, and projects and programmes;
(2) Courses of universities, degree
colleges and institutes and other higher education organizations;
(3) Examinations designed by the Union;
(4) Private schools and courses;
(5) National sports;
(6) National health;
(7) Development of traditional medical
science and medicines;
(8) Free hospitals and dispensaries and
private hospitals and dispensaries;
(9) Maternal and child welfare;
(10) Red Cross society;
(11) Counterfeiting of food, medicines,
medical equipment and cosmetics and mixing them with other ingredients;
(12) Caring children, youths, women,
the disabled, the aged and homeless;
(13) Relief and rehabilitation;
(14) Fire Brigade;
(15) Working hours, breaks, holidays,
and occupational safety;
(16) Labour disputes;
(17) Social security;
(18) Labour organizations;
(19) The matters managed by the
Pyidaungsu concerning;
(aa) archaeological or historical
regions, edifices, monuments, records, stone inscriptions, ink inscription on
stucco, palm leaves, handwritings, handwork, inanimate objects and
archaeological undertakings
(bb) Museums and libraries;
(20) Literature, theatrical art, music,
traditional arts and crafts, movies and videos; and
(21) Birth and death registration.
(B) In the Region or State Legislative
List-
(1) Traditional medicines that are not
contrary to traditional medicine policies set by the Union;
(2) Social welfare tasks in regions or
states;
(3) Fire prevention and natural
disaster preparedness;
(4) Freight handling;
(5) Matters for which the region or the
state has the right to supervise;
(aa) preservation of cultural heritage;
(bb) museums and libraries;
(6) Opera house, cinema hall and video
house; and
(7) Photo, painting and sculpture
exhibitions.
10. Concerning management sector
(A) In the Union Legislative List-
(1) General administration
(2) Management of village and urban
areas
(3) House rent and land rent
(4) Narcotic drugs and psychotropic
substances
(5) State secrets
(6) Associations
(7) Prisons
(8) Border area development
(9) Census
(10) Citizenship, naturalization,
revocation of citizenship, citizenship scrutiny and registration
(11) Titles and decorations
(B) In the Region or State Legislative
List-
(1) Development affairs
(2) Human settlement and housing
development
(3) Honorary titles and medals
11. Concerning judicial sector
(A) In the Union Legislative List-
(1) Administration of justice
(2) Lawyers
(3) Penal laws and procedures
(4) Civil laws, contract, arbitration,
civil wrong, insolvency, Trust and people who can administer because of the
trust, guardians and wards, transfer of property and inheritance
(5) Evidence Act
(6) Limitation
(7) Valuation of suit
(8) Specific relief
(9) Foreign jurisdiction
(10) Admiralty jurisdiction
(11) Robbery at sea, and crimes
committed on land or in the international waters or in space in violation of
the international laws.
Legislative List of Self-administered
Division or Self-administered Zone Leading Body
12. Self-administered division or
self-administered zone leading bodies are vested with the legislative power
relevant to the following matters for their respective divisions or zones;
(a) Town and village plan,
(b) Construction, repair and
maintenance of roads and bridges,
(c) Public health,
(d) Development affairs,
(e) Fire prevention
(f) Pasture,
(g) Forest protection and conservation,
(h) Environmental conservation in
accord with the law enacted by the Pyidaungsu,
(i) Water and electricity supply in
towns and villages, and
(j) Town and village markets.
Legislation on other matters
13. Legislative power is vested in the
Pyidaungsu Hluttaw in connection with other matters not stated in the
legislative list of the Union, Region or State, and self-administered division
or zone leading bodies.
Legislation on Union territories
14. Pyidaungsu Hluttaw shall enact the
required laws if the need arises to do so for the Union territories in
connection with matters for which legislative powers are delegated to the
Region or State Hluttaws or the self-administered division or zone leading
bodies.
Effectiveness of Laws
15. In connection with the effect of
laws enacted by Hluttaws at different levels and self-administered area
leading bodies;
(1) If anyone of the provisions
stipulated in a law enacted by the leading body of a self-administered
division or a self-administered zone is in contrast with anyone of the
stipulations contained in a law enacted by the respective region Hluttaw or
state Hluttaw, adherence to the law must be in accord with the stipulations
contained in the law enacted by the region Hluttaw or state Hluttaw.
(2) If anyone of the provisions
stipulated in a law enacted by the leading body of a self-administered
division or a self-administered zone is in contrast with anyone of the
stipulations contained in a law enacted by the Pyidaungsu Hluttaw, observance
of the law must be in accord with the stipulations contained in the law
enacted by the Pyidaungsu Hluttaw.
(3) If anyone of the provisions
stipulated in a law enacted by a region Hluttaw or a state Hluttaw is in
contrast with anyone of the stipulations contained in a law enacted by the
Pyidaungsu Hluttaw, observance of the law must be in accord with the
stipulations contained in the law enacted by the Pyidaungsu Hluttaw.
(4) If anyone of the provisions
stipulated in a law enacted by the Pyidaungsu Hluttaw or a region Hluttaw or a
state Hluttaw or a self-administered division or a self-administered zone
leading body or anyone of the existing laws is in contrast with anyone of the
stipulations contained in the Constitution, observance of the law must be in
accord with the stipulations contained in the Constitution.
![]()
The financial Commission, if need be, may seek advice from financial
experts
Yangon, 28 Aug - The Panel of Chairmen
of the Plenary Session of the National Convention presented Fundamental
Principles and Detailed Basic Principles adopted by the National Convention in
drafting the State Constitution to the Plenary Session of the National
Convention. The following is detailed basic principles regarding the formation
of financial commission and duties and priviledges in the chapter
?legislature' and basic principles regarding the Pyidaungsu Hluttaw in the
section of legislation of Hluttaws at different levels by U Kan Nyunt of
Delegate Group of Peasants.
Formation of Financial Commission,
Duties amd Powers
16. In connection with financial
matters including the formation of Financial Commission
(a) The budgets of Union ministries and
of organizations at Union level are to be checked under the aegis of a
Vice-President nominated by the President of the State, and budget
appropriations of Union ministries and organizations at Union level are to be
submitted to the Financial Commission.
(b) The budgets of regions or states
are to be checked under the aegis of the other Vice-President nominated by the
President of the State, and budget appropriations of regions or states are to
be submitted to the Financial Commission.
(c) To submit to the Pyidaungsu Hluttaw
the draft of Union budget containing the Union budget with the expenditures of
Union territories, the distribution of appropriate funds from Union Fund
Account to regions or states, the provision of funds as a special issue and
loans permission; or the draft of financial allotment; to make suggestions on
financial matters worth undertaking; and to carry out the duties assigned by
the Pyidaungsu Hluttaw through the promulgation of law, the Financial
Commission is to be formed with the following persons:
(1) The President Chairman
(2) The Vice-Presidents Vice-Chairmen
(3) The Pyidaungsu Attorney-General
Member
(4) The Pyidaungsu Auditor-General
Member
(5) The Chief Ministers of Regions and
States Members
(6) The Nay Pyi Taw City Council
Chairman Member
(7) The Pyidaungsu Minister for Finance
Secretary
(d) (1) When forming the Financial
Commission, the President of the State has the right to appoint a suitable
person as a member on a temporary basis, if the post of a member remains
vacant for a certain reason.
(2) The President of the State is to
announce the formation of the Financial Commission. However, orders and
directives necessary for the Financial Commission can be announced by either
the President of the State or the person to whom duties are assigned by the
President of the State.
(e) To submit to the Pyidaungsu Hluttaw
the daft of Union budget containing the Union budget, the distribution of
appropriate funds from Union Fund Account to regions or states, the provisions
of funds as a special case and disbursing of necessary loans, the Financial
Commission is to submit them to the President of the State.
(f) The financial Commission, if need
be, may seek advice from financial experts.
Submission of Bill on Union Budget
(g) On behalf of the Union Government,
the President of the State or the person to whom duties are assigned by the
President of the State is to submit the draft of the Union budget to the
Pyidaungsu Hluttaw.
(h) (1) Salary and allowance of heads
and members of organizations set up according to the Constitution of the State
and expenditures of those organizations at Union level;
(2) Debts the Union has to settle,
expenditures related to those debts, and other expenditures related to money
borrowed by the Union.
(3) Expenditures to be paid according
to verdict or order or decree released by the court or a particular tribunal;
and
(4) Other expenditures to be paid
according to a particular existing law or a particular international treaty,
for which discussions can be held at the Pyidaungsu Hluttaw. However,
rejection and deduction are not allowed.
(i) The Pyidaungsu Hluttaw shall
exercise in accord with majority consent the right to pass approval and to
make rejection and deduction for other expenditures, save the expenditures
mentioned in above paragraph (h).
(j) The Union Government is to take
necessary steps according to the Union budget law enacted by the Pyidaungsu
Hluttaw.
(k) Additional funds allotment law is
to be enacted in accord with the procedures mentioned above, if appropriations
and permitted expenditure contained in the Union budget law promulgated by the
Pyidaungsu Hluttaw for the fiscal year concerned in addition to the
appropriations of extra income and expenditure are necessary to be allowed.
(l) The Union Government is to take
necessary steps according to the additional funds allotment law enacted by the
Pyidaungsu Hluttaw.
(m) Region or State Hluttaws concerned
are to be in harmony with majority consent to exercise the right to pass
approval and to make rejection and deduction to the budgets of regions or
states through negotiation on the chief minister concerned including the funds
received by respective regions or states from the Union Fund Account according
to the Union budget law or the additional fund allotment law.
In doing so:
(1) Salary and allowance of heads and
members of organizations set up according to the Constitution of the State and
expenditures of those organizations at Union level;
(2) Salary and allowance of heads and
members of leading bodies of self-administered area set up according to the
Constitution of the State and expenditures of those bodies.
(3) Debts the region or state has to
settle, expenditures related to those debts, and other expenditures related to
money borrowed by the region or state;
(4) Expenditures to be paid according
to verdict or order or decree released by the court or a particular tribunal;
and
(5) Other expenditures to be paid
according to a particular existing law enacted by Region or State Hluttaw, for
which discussions can be held at the Region or State Hluttaw. However,
rejection and deduction are not allowed.
Taxes to be collected by Region or
State
(n) Taxes to be collected according to
the law of the region or state and to be put in the Region or State Fund
Account are as follows:
(1) Land tax;
(2) Excise;
(3) Water tax, embankment tax of dams
and embankments the region or state has the right to manage, and tax on the
use of electricity produced by such facilities managed by the region or state;
(4) Tolls from roads and bridges the
region or state has the right to manage;
(5) (aa) Royalty collected from
freshwater fisheries,
(bb) Royalty collected from marine
fisheries located in limited distance;
(6) Tax collected according to vehicles
and vessels law of the region or the state;
(7) Other benefits and profits realized
from the sale and rent of property owned by the region or state;
(8) Charges, taxes and other incomes
realized from services provided by the region of state;
(9) Fines imposed at Region or State
Judicial Hluttaws including Region or State courts, taxes and other incomes
collected for services provided;
(10) Interests realized from the
lending of money of the region or state funds;
(11) Profits realized from investment
made by the region or state;
(12) Taxes collected for extraction of
the following items from forests in the region or state:
(aa) Taxes collected on all other
timber except teak and designated hardwood;
(bb) Taxes collected on firewood,
charcoal, rattan, bamboo, birdnest, cutch, thanatkha, turpentine, eaglewood,
and honey-based products.
(13) Registration fees;
(14) Taxes on entertainment;
(15) Salt tax;
(16) Funds received from the Union Fund
Account;
(17) Contributions by organizations
relevant to development affairs in the region or state;
(18) Unclaimed cash and property;
(19) Treasure trove;
(o) The region or state has the right
to use their funds in accord with the law.
Other taxes to be paid to Union Fund
(p) Except the taxes to be collected by
the region or state, the Union is to collect all other taxes according to law
and deposit them in the Union Fund Account
(q) If incomes and types of taxes are
designated to be collected by the region or state for Union territories, the
Union is to collect them according to law and put them in the Union Fund
Account.
(r) The Union has the right to use the
Union Fund Account in accord with the law.
Legislature of Hluttaws
Pyidaungsu Hluttaw
(1) The first session of the Pyidaungsu
Hluttaw should be held within 15 days after the beginning of the first session
of the Pyithu Hluttaw. The Speaker of the Pyidaungsu Hluttaw shall convene the
Pyidaungsu Hluttaw.
(2) The Speaker of the Pyidaungsu
Hluttaw shall convene the Pyidaungsu Hluttaw session at least once a year. The
maximum time limit between one meeting and another shall not exceed 12 months.
(3) The following functions and duties
shall be carried out at the Pyidaungsu Hluttaw meetings:
(a) Recording the address delivered by
the President;
(b) Reading out and recording the
message sent by the President and other messages permitted by the President;
(c) Submitting and discussing and
making decision on a bill;
(d) Discussing and deciding the opinion
and remarks of the President concerning a bill approved by the Pyidaungsu
Hluttaw;
(e) Discussing and deciding the matter
the Pyidaungsu Hluttaw has to implement in accord with the provisions
contained in the Constitution;
(f) Discussing, deciding and recording
the reports presented to the Pyidaungsu Hluttaw;
(g) Submitting proposals, and holding
discussions and making decisions;
(h) Raising questions and giving
replies;
(i) Implementing the matters permitted
by the Speaker of the Pyidaungsu Hluttaw.
(4) The Speaker of the Pyidaungsu
Hluttaw shall convene a special session or an emergency session of the
Pyidaungsu Hluttaw as may be necessary.
(5) The Speaker of the Pyidaungsu
Hluttaw shall convene a special session or an emergency session of the
Pyidaungsu Hluttaw soonest when the President informs the Speaker of the
Pyidaungsu Hluttaw to convene a special session or an emergency session of the
Pyidaungsu Hluttaw.
(6) The Speaker of Pyidaungsu Hluttaw
shall convene a special session of the Pyidaungsu Hluttaw when at least
one-fourth of the total number of members of the Pyidaungsu Hluttaw ask to
convene the Pyidaungsu Hluttaw.
(7) (a) The first day session of the
Pyidaungsu Hluttaw shall be valid if more than half the number of members, who
have the right to attend the Pyidaungsu Hluttaw meeting, are present. The
meeting if invalid, shall be adjourned.
(b) The meetings that are adjourned due
to invalidity in accord with the sub-paragraph (a) as well as the valid
meetings that are extended will be valid if at least one third of the Hluttaw
members are present.
(8) (a) Save as otherwise provided by
this Constitution, a matter that should be decided through voting, shall be
determined by a majority of votes of the members present and voting.
(b) The Speaker of the Pyidaungsu
Hluttaw or the Deputy Speaker acting as such, shall not vote in the first
instance, but shall have and exercise a casting vote in the case of an
equality of votes.
(9) If for a period of 15 consecutive
days a member of Pyidaungsu Hluttaw is, without permission of the Speaker
absent from all meetings of the Pyidaungsu Hluttaw, the Speaker shall inform
the Hluttaw concerned to take action against the member according to the
prescribed rules. Provided that in computing the said period of 15 days no
account shall be taken of any period during which the Chamber is prorogued, or
is adjourned.
(10) Although there are vacant seats,
the Pyidaungsu Hluttaw shall have the right to carry on its tasks. Moreover,
the session shall not be annulled, if the acts of some person who was not
entitled to do so sat or voted or took part in the proceedings are discovered
later.
(11) The functions and records of
Pyidaungsu Hluttaw shall be published for public information. But the
functions and records restricted by a law or decisions of the Pyidaungsu
Hluttaw shall not be published.
Submission of Bills
(12) (a) The Pyidaungsu Hluttaw shall
have the right to make laws for the whole or any part of the Union concerning
the matters stated in the Union Legislative List.
(b) If a bill initiated in the Pyithu
Hluttaw or the Amyotha Hluttaw is approved by both Pyithu Hluttaw and Amyotha
Hluttaw, it shall be presumed that the bill is approved by the Pyidaungsu
Hluttaw.
(13) (a) When the Pyidaungsu Hluttaw
enacts a law, it may
(i) entrust the right to issue rules
,regulation and bye-laws concerning the law to the Union level organizations
formed according to the Constitution.
(ii) authorize the respective
organizations or authority to issue notifications, orders, directives and
procedures.
(b) The rules, regulations,
notifications, orders, directives and procedures issued with the right vested
by a law shall be in consonant with the stipulations contained in the
Constitution and the law concerned.
(c) If both the Pyithu Hluttaw and the
Amyotha Hluttaw decide to annul or amend any one the rules, regulations or
bye-laws, it shall be presumed that the rules, regulations or bye-laws are
annulled or amended by the Pyidaungsu Hluttaw.
(d) If there is any disagreement
between the Pyithu Hluttaw and the Amyotha Hluttaw concerning the said rules,
regulations or bye-laws, it shall be decided by the Pyidaungsu Hluttaw.
(e) If a decision is made to annul or
amend any of the rules, regulations or bye-laws according to the paragraph (c)
or paragraph (d), the decision shall be without prejudice, however, to the
validity of any action previously taken under the rules, regulations or
bye-laws.
(14) The Pyidaungsu Hluttaw
(a) shall give the decision on matters
in connection with ratifying, cancelling and withdrawing from international
agreements, regional treaties or bilateral agreements submitted by the
President.
(b) may fix the international, regional
or bilateral agreements that do not need Pyidaungsu Hluttaw's approval and
delegate the President to ratify, denounce and withdraw from them.
(15) (a) Matters that requires decision
of the Pyidaungsu Hluttaw, agreement and approval should be implemented as
follows:
(i) If the Pyidaungsu Hluttaw is in
session, the matter shall be decided at that session.
(ii) If the Pyidaungsu Hluttaw is not
in session, the discussion and decisions on the matter shall be made at the
nearest Pyidaungsu Hluttaw session.
(iii) A special session or an emergency
session shall be convened to discuss and decide the matters which need prompt
action for public interest.
(b) When the President after issuing an
order having the force of law submits it to the Pyidaungsu Hluttaw for
approval, the Pyidaungsu Hluttaw shall:
(i) pass a resolution to approve it or
not.
(ii) fix the further period to which
the said order shall continue to be in force if the Pyidaungsu Hluttaw
approves the order.
(iii) The order having the force of law
shall cease to have effect from the date on which it is disapproved by the
Pyidaungsu Hluttaw.
(16) (a) Of the matters included in the
Union Legislative List, the Union level organizations formed under the
Constitution, shall have the right to submit bills on matters under their
management, to the Pyidaungsu Hluttaw in accord with the prescribed
procedures.
(b) Bills on national plans, annual
budgets and taxation, which are to be submitted exclusively by the Union
government shall be presented to the Pyidaungsu Hluttaw in accord with the
prescribed provisions for decision.
(17) Except the bills that are
prescribed by the Constitution to be initiated exclusively at the Pyidaungsu
Hluttaw, the bills initiated by the Union level organizations formed under the
Constitution, at the Pyidaungsu Hluttaw shall be discussed initially at the
Pyithu Hluttaw or the Amyotha Hluttaw according to the prescribed provisions.
(18) If a need arises to scrutinize the
bills, before they are being discussed exclusively at the Pyidaungsu Hluttaw,
they are to be scrutinized jointly by the Pyidaungsu Hluttaw bill committee
and the Amyotha Hluttaw bill committee, and the bills together with the
findings and comments of the joint committee can be submitted to the
Pyidaungsu Hluttaw in accord with prescribed provisions.
(19) If there arises disagreement
between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a bill, the bill
shall be discussed and approved in the Pyidaungsu Hluttaw.
Promulgation of Law
(20) (a) Within 14 days after the date
the President receives the bills sent to him by the Pyidaungsu Hluttaw after
approving them and the bills in like manner as if the Pyidaungsu Hluttaw have
approved them, he shall sign the bills and shall promulgate them into law.
(b) The President shall send a bill
back to the Pyidaungsu Hluttaw together with his comments within the fixed
time to sign and promulgate it into a law.
(c) Although the President does not
send a bill back to the Pyidaungsu Hluttaw together with his comments within
the fixed time, if the bill is not signed by the President within 14 days
after the date of presentation, the same shall be become a law in like manner
as if he had signed it on the last of the said 14 days.
(21) (a) If the President sends back
the bill to the Pyidaungsu Hluttaw together with his comments within the fixed
time, the Pyidaungsu Hluttaw after studying the President's comments, can
accept his comments or can decide to amend the bill, or shall make a decision
to approve the bill in its original state if it does not agree the President's
comments.
(b) The President shall sign the bill
and enact it into a law on the last of the said seven days if the bill so
amended according to his comments or his comments are not accepted and the
bill approved in its original state is sent back to him with the Pyidaungsu
Hluttaw's decision.
(c) If the bill sent back to the
President by the Pyidaungsu Hluttaw is not signed by the President within the
fixed time, the same shall be become a law in like manner as if he has signed
it on the last date of the said time limit.
(22) The laws signed by the President
and the laws deemed to have been signed by the President shall be published in
the official gazette. The law shall come into force on the date of such
promulgation unless the contrary intention is expressed.
(23) Members of the organizations
representing the Union level organizations formed under the Constitution while
attending the Pyidaungsu Hluttaw with the permission of the Speaker have right
to explain the bills and other matters in connection with their respective
organizations.
Duties of the Pyidaungsu Hluttaw
Speaker
(24) The Pyidaungsu Hluttaw Speaker
shall
(a) supervise the Pyidaungsu Hluttaw
sessions;
(b) invite the President, if the
President informs him of his desire to address the Pyidaungsu Hluttaw;
(c) have the power to invite
organizations and persons representing any Union level organizations formed
under the Constitution to attend and give clarifications on one of the matters
of the on going discussions of the Pyidaungsu Hluttaw session if necessary;
(d) implement his other duties and
functions designated by the Constitution or any law.
(25) The Union level organizations
formed under the Constitution shall submit their general situation, necessary
to be presented to the Pyidaungsu Hluttaw, with the permission of the Speaker.
(26) (a) Subject to the provisions
contained in the Constitution, and the provisions prescribed in the Pyidaungsu
Hluttaw law, members of the Pyidaungsu Hluttaw shall have freedom of speech
and voting at the Pyidaungsu Hluttaw and the Pyidaungsu Hluttaw Joint
Committee. Concerning the discussions and functions of the Pyidaungsu Hluttaw
and the Joint Committee, a Pyidaungsu Hluttaw member shall be absolutely
privileged, except under the laws of the Pyidaungsu Hluttaw.
(b) Subject to the provisions contained
in the Constitution, and the provisions prescribed in the Pyidaungsu Hluttaw
law, members of organizations or persons representing any one of the Union
level organizations invited to attend the Pyidaungsu Hluttaw have the freedom
of speech. No action shall be taken against such persons for their speeches,
except under the laws of the Pyidaungsu Hluttaw.
(c) However, if the persons mentioned
in the above paragraph (a) and paragraph (b) commit physical assaults, they
shall be liable to punishment according to the existing law.
(27) If there arises a need to arrest a
Pyidaungsu Hluttaw member attending a Pyidaungsu Hluttaw session or a person
attending the Pyidaungsu Hluttaw session at the invitation of the Speaker of
the Pyidaungsu Hluttaw, the reliable evidence shall be submitted to the
Speaker of the Pyidaungsu Hluttaw. He shall not be arrested without the prior
permission of the Pyidaungsu Hluttaw Speaker.
(28) The reports, documents and Hluttaw
records published by the Pyidaungsu Hluttaw or under its authority shall be
privileged.
![]()
National Convention Convening Work Committee holds coord meeting
Yangon, 28 Aug -The National Convention
Convening Work Committee held its coordination meeting at the meeting hall of
the NCCWC in Nyaunghnapin Camp in Hmawby Township this morning.
Present were Chairman of NCCWC Chief
Justice U Aung Toe, Vice-Chairman Attorney-General U Aye Maung, Secretary U
Thaung Nyunt, joint secretaries and members of the committee.
The meeting was presided over by
Chairman of NCCWC Chief Justice U Aung Toe and Joint Secretary-1 U Khin Maung
Myint acted as master of ceremonies.
Chief Justice U Aung Toe said the
present National Convention is the final session and it will be concluded
successfully soon. He thanked the committee for discharging the tasks
dutifully. He urged the members of the committee to continue to carry out the
rest of the tasks and to discharge the duties assigned by the State.
Vice-Chairman Attorney-General U Aye
Maung and Secretary U Thaung Nyunt reported on tasks undertaken by the NCCWC
and tasks to be undertaken.
Members of the NCCWC discussed the
duties assigned. The meeting ended with the concluding remarks by Chief
Justice U Aung Toe.
![]()
To be published
Yangon, 27 Aug - undamental Principles
and detailed basic principles regarding Pyithu Hluttaw and Amyotha Hluttaw to
be included in the Chapter of Legislation and formation of executive in the
Chapter of Executive adopted by National Convention will be published in the
dailies.
![]()