National Convention continues Fundamental Principles and Detailed Basic Principles adopted by NC read out

Yangon, 30 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 Alternate 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 subcommittees, 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 represen-tatives, 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, Mag-way, 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 Committee, 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 Demo-cratic 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 Deve-lopment 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 Com-mittee, members of the National Convention Convening Management Committee, chairmen of the respective subcommittees and members, delegates of political parties, delegates of repre-sentatives-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, Dr Maung Maung Wint of Delegate Group of Intellectuals and Intel-ligentsia 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, U Kyaw Win Tun of Delegate Group of Workers, 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 1055 out of 1071 delegates were in attendance, accounting for 98.51 per cent.

The Panel of Chairmen presented the Fundamental Principles and Detailed Basic Principles adopted by National Convention. First, Dr Ma Nan Tu Ja of Delegate Group of Other Invited Persons read out detailed basic principles regarding Union Auditor-General and Deputy Auditor-General, For-mation of Union Civil Service Board, Region or State Government and Region or State General Administration Depart-ment of Formation of Executive in the chapter Executive.

(The presentation is reported separately.)

Next, U Myo Thant (Maung Hsu Shin) of the National Convention Convening Work Committee read out detailed basic principles regarding Region or State Attorney-General, Auditor-General of the Region or State, Self-Administered Division or Self-Admi-nistered Zone Admi-nistrative Body, Self-administered Division or Self-administered Zone General Administration Department and Admi-nistration of Nay Pyi Taw that is Union territory of Formation of Executive in the chapter ?Executive'. The Plenary Session took a break at 10 am.

(The presentation is reported separately.)

When the Plenary Session of the National Convention resumed at 10.15 am, U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties read out the detailed basic principles regarding sharing of the executive power in the chapter ?Executive'.

(The presentation will be reported.)

Afterwards, U Maung Gyi of Delegate Group of Representative-elect read out the detailed basic principles regarding Formation of Judiciary in the chapter Judiciary. The Plenary Session of the National Convention was adjoured at 11.15 am.

(The presentation will be reported.)

The Plenary Session of the National Convention continues at 9 am tomorrow at the Pyidaungsu Hall.

In connection with the term referring to the Attorney-General of the Region or State, it shall be called the Advocate-General of the Region or State

Yangon, 30 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 Region or State Attorney-General, Auditor-General of the Region or State, Self-Administered Division or Self-Administered Zone Administrative Body, Self-administered Division or Self-administered Zone, General Administration Department and Administration of Nay Pyi Taw that is Union territory of Formation of Executive in the chapter Executive' by U Myo Thant (Maung Hsu Shin) of the National Convention Convening Work Committee.

Region or State Attorney-General

27. In connection with the term referring to the Attorney-General of the Region or State,

- It shall be called the Advocate-General of the Region or Stale.

28. In connection with the appointment of and assigning duties to the Advocate-General of the Region or State,

(a) The Chief Minister of the Region or State shall get the approval of the Region or State Hluttaw concerned in appointing and assigning duties to a person, from among Hluttaw representatives or non-Hluttaw representatives, having the following qualifications as the Region or State Advocate-General in order to get legal advice and assign duties of a legal character and submit the matter to the President:

(1) being a person who has attained the age of 40 years:

(2) being a person who possesses qualifications, except for age limit, prescribed for Region or State Hluttaw representatives;

(3) (aa) being a person who has been for at least five years a judicial officer or a law officer not lower than the Region or State level, or being a person who has been for at least ten years a judicial officer or a law officer not lower than district level, or

(bb) being a person who has been an advocate of the Taya Hluttaw (High Court ) of at least 15 years' standing.

(4) being a person loyal to the State and the citizenry.

(b) The Chief Minister of the Region or State concerned shall send a nominee. after obtaining approval from the Hluttaw concerned for assignment of duties as the Advocate-General of the Region or State concerned, to the President who shall then appoint him the Advocate-General of the Region or State concerned,

(c) The President has no right to reject the nominee to be appointed Advocate-General of the Region or State concerned unless it can be clearly proved that he does not fully possess qualifications prescribed for the post of the Advocate-General of the Region or State,

(d) The Chief Minister of the Region or State has the right to submit again a new list furnished with a new nominee re-placing the person who has not been approved by the Region or State Hluttaw concerned for appointment as the Advocate-General of the Region or State concerned,

(e) The Advocate-General of the Region or State is member of the government of that Region or State,

(f) The Advocate-General of the Region or State is

(i) responsible to the President of the State through the Chief Minister of the Region or State concerned;

(ii) responsible to the Pyidaungsu Attorney-General and to the Chief Minister of the Region or State concerned.

(g) If there arises a cause to impeach the Advocate-General of the Region or State, it shall be proceeded in accordance with the provisions of the Constitution regarding impeachment of the Chief Minister or a Minister.

(h) The Advocate-General of the Region or State is subject to provisions of the Constitution prescribed for the Chief Minister of the Region or State or Ministers concerning resignation, termination from duty, filling the vacant post and deeming the person to have retired in case of being a civil service personnel,

(i) Responsibilities, rights and privileges of the Advocate-General of the Region or State shall be prescribed by law.

29. In connection with prescribing the status of the Advocate-General of the Region or State,

- The Advocate-General of the Region or State is prescribed to be of the same status as the Region or State Minister for the purpose of reference in prescribing by law responsibilities, rights and privileges of the Advocate-General of the Region or State.

Region or State Auditor-General

30. In connection with the term regarding the Auditor- General of the Region or State,

- It shall be called the Auditor- General of the Region or State.

Auditor-General of the Region or State

31. In connection with appointment of and assigning duties to the Auditor-General of the Region or State,

(a) The Chief Minister of the Region or State shall select a person from among Hluttaw representatives or non - Hluttaw representatives who possesses the following qualifications for appointment of and assigning duties as the Auditor-General of the Region or Stale concerned to be able to audit the Region or State budget and submit it to the Region or Stale ,Hluttaw concerned, obtain approval of the Region or State Hluttaw concerned and report the nomination to the President:

(1) being a person who has completed the age of 40;

(2) With the exception of age limit, being a person who has qualifications prescribed for Pyithu Hluttaw representative,

(3) (aa) being a person who has been for at least five years an auditor not lower than Region or State level, or who has been for at least ten years an auditor not lower than district level, or

(bb) being a person who has been for at least 15 years a Registered Accountant or a Certified Public Accountant;

(4) being a person who is loyal to the State and the citizenry.

(b) The Chief Minister of the Region or State shall send a nominee, after obtaining approval from the Hluttaw concerned for assignment of duties as the Auditor- General of the Region or State concerned, to the President who shall then appoint the person the Auditor- General of the Region or State concerned,

(c) The President has no right to reject the nominee to be appointed Auditor - General of the Region or State concerned unless it can be clearly proved that he does not fully possess qualifications prescribed for the post of the Auditor-General of the Region or State,

(d) The Chief Minister of the Region or State has the right to submit again a new list furnished with a new nominee re-placing the person who has not been approved by the Region or State Hluttaw concerned for appointment as the Auditor- General of the Region or State concerned,

(e) The Auditor-General of the Region or State is

(i) responsible to the President through the Chief Minister of the Region or State concerned;

(ii) responsible to the Pyidaungsu Auditor-General and to the Chief Minister of the Region or State concerned.

(f) If there arises a cause to impeach the Auditor- General of the Region or State , it shall be proceeded in accordance with the provisions of the Constitution regarding impeachment of the Chief Minister of the Region or State or a Minister,

(g) The Auditor- General of the Region or State is subject to provisions of the Constitution prescribed for the Chief Minister of the Region or State or Ministers concerning resignation, termination from duty, filling the vacant post and deeming the person to have retired in case of being a civil service personnel,

(h) Responsibilities, rights and privileges of the Auditor- General of the Region or State shall be prescribed by law.

32. In connection with prescribing the status of the Auditor-General of the Region or State,

- The Auditor- General of the Region or State is prescribed to be of the same status as the Region or State Minister for the purpose of reference in prescribing by law responsibilities, rights and privileges of the Auditor- General of the Region or State.

Self-Administered Division or Self-Administered Zone Administrative Body

33. In connection with the term referring to the administrative body of the self-administered division or self-administered zone,

- The administrative body of the self- administered division or self- administered zone shall be called the oo-zi aphwe (leading body) of the self- administered division or oo- zi aphwe (leading body) of the self administered zone.

34. In connection with the formation of the self- administered division leading body and the self- administered zone leading body,

(a) Being self- administered areas, self- administered divisions and self- administered zones are of equal status,

(b) There are self- administered division leading bodies and self- administered zone leading bodies formed in the self administered divisions and the self administered zones respectively. The leading bodies exercise legislative power vested in them under the Constitution,

(c) There shall include at least 10 members in the self- administered division leading body or the self administered zone leading body,

(d) The self- administered division leading body or the self ad-ministered zone leading body shall be constituted with the following persons:

(1) Region or State Hluttaw representatives elected from townships in the self- administered division or self- administered zone concerned;

(2) Tatmadaw member representatives nominated according to law by the Commander-in-Chief of Defence Services in order to assign duties regarding security or border affairs:

(3) additional representatives chosen and assigned by persons stated in sub- paragraphs (1) and (2).

(e) members of the self administered division leading body or self-administered zone leading body stated in above paragraph (d) (1) and (2) are to choose, after consultations among themselves, a suitable person as the self- administered division okkahta or self- administered zone okkahta out of the region or state Hluttaw representatives elected from the townships in the self- administered division or self- ad-ministered zone. The person thus chosen is to be submitted to the President of the State through the respective Region or State Chief Minister,

(f) The President of the State is to appoint the person in the nomination submitted as the Okkahta of the respective self-administered division or self- administered zone,

(g) The Okkahta of the self- administered division or self administered zone is Minister in the region or state concerned. As such, provisions in the Constitution applying to the Ministers of the region or state will also apply to the self- administered division Okkahta or self- administered zone Okkahta.

(h) The Okkahta of the self- administered division or self- administered zone and members of the leading body concerned shall

(1) choose one representative for each national race, if there is any, the population of which is upwards of at least 10,000, residing in the self- administered division or self-administered zone as leading committee member with the exception of national races who have already got regions or states of their own. The person chosen and appointed as leading committee member shall possess qualifications prescribed for region or state Hluttaw representatives.

(2) choose suitable persons as members from among those residing in the self-administered division or self-administered zone concerned, who possess qualifications prescribed for region or state Hluttaw representatives, if the membership is not up to ten in the self-administered division leading body or self- administered zone leading body concerned so that membership will become at least ten.

(i) The Commander- in -Chief of Defence Services shall assign as necessary one - fourth of the total membership with Tatmadaw members in the self administered division leading bodies or self- administered zone leading bodies.

(j) Tatmadaw members nominated according to law by the Commander-in - Chief of Defence Services to be assigned as members of the self-administered division leading bodies or self-administered zone leading bodies shall possess qualifications of the region or state Hluttaw representatives,

(k) (1) The Okkahta of the respective self-administered division leading bodies or self-administered zone leading bodies shall announce the names of members of the self-administered division leading body or self-administered zone leading body.

(2) The Okkahta of the self-administered division leading body or self-administered zone leading body shall be responsible to the respective region or state Chief Minister. and through the Chief Minister to the President of the State.

(3) Members of the self-administered division leading bodies or self-administered zone leading bodies shall be responsible to the Okkahta.

(4) The term of office, taking action, resignation, removal from duty, termination of duty and filling up vacant posts of the Okkahta and members of the self-administered division leading bodies or self-administered zone leading bodies shall be prescribed by law.

(l) Duties, rights and privileges of the Okkahta and members of the self-administered division leading bodies or self-administered zone leading bodies shall be prescribed by law.

Self-administered Division or Self-administered Zone General Administration Department

(m)The head of General Administration Department in the respective self-administered division or self-administered zone concerned shall serve as secretary of the self-administered division leading body or self-administered zone leading body. Moreover, the General Administration Department in the self-administered division or self-administered zone shall be the office of the self-administered division leading body or self-administered zone leading body.

Administration of Nay Pyi Taw

35. In connection with administration of Nay Pyi Taw that is Union territory,

(a) Nay Pyi Taw, that is Union territory, shall include all districts and townships within Nay Pyi Taw city development limits that exist on the day this Constitution comes into force.

(b) The President of the State may, as necessary, effect changes in demarcation of districts and townships in Nay Pyi Taw that is Union territory.

(c) The President of the State

(1) shall constitute a Nay Pyi Taw Council;

(2) shall appoint persons who possess prescribed qualifications as chairman and members of Nay Pyi Taw Council;

(3) shall obtain from the Commander-in-Chief of the Defence Services a nomination of suitable Tatmadaw member or members who possess prescribed qualifications for appointment as Council member or members for coordination of matters of security of Nay Pyi Taw that is Union territory;

(4) may, as necessary, prescribe, in accord with law, the number of members, including the chairman, to serve on Nay Pyi Taw Council.

(d) The chairman and members of Nay Pyi Taw Council shall possess the following qualifications:

(1) person fully 35 years old;

(2) person who possesses qualifications prescribed for Pyithu Hluttaw representatives except for the age stipulation;

(3) person who possesses other qualifications prescribed by the President of the State;

(e) The chairman of Nay Pyi Taw Council shall be responsible to the President of the State; members shall be responsible to the chairman of Nay Pyi Taw Council and through the latter to the President of the State.

(f) In connection with tenure, right to resign, termination of duties, and appointment to fill vacated posts of the chair-man and members of Nay Pyi Taw Council,

(1)  The tenure of the chairman and members of Nay Pyi Taw Council shall normally be the same as that of the President of the State;

(2)  The chairman or a member of Nay Pyi Taw Council, in the event of wishing to resign on own volition for some reason before the end of the tenure, may submit so in writing to the President of the State and do so;

(3) The President of the State

(aa) may order the resignation of the chairman or a member of Nay Pyi Taw Council who is unable to discharge the given duties fully or, in the event of non-compliance, shall order termination of the du-ties of the same.

(bb) shall act in coordination with the Commander-in-Chief of the Defence Services in the case of a Tatmadaw member who is a member of Nay Pyi Taw Council that is to resign or that is going to get termination of duties.

(3) In the event there comes about a vacancy in the post of the chairman or a member of Nay Pyi Taw Council due to resignation, termination of duties, death or any other cause, the President of the State may appoint a new chairman or member of Nay Pyi Taw Council in accord with the provisions in the State Constitution. The tenure of the new chairman or member of Nay Pyi Taw Council shall be only for the remainder of the tenure of the President of the State.

(g) In the event the chairman or member of Nay Pyi Taw Council happens to be a representative in a Hluttaw, this per-.son shall be deemed to have resigned as a Hluttaw representative from the date of appointment as the chairman or member of Nay Pyi Taw Council.

(h) In the event the chairman or member of Nay Pyi Taw Council happens to be a civil servant, this person shall be deemed to have retired or resigned as a civil servant in accord with existing service regulations from the date of appointment as the chairman or member of Nay Pyi Taw Council.

(i) Tatmadaw member or members who are appointed member or members of Nay Pyi Taw Council for coordination of matters of security of Nay Pyi Taw need not retire or resign from the Tatmadaw.

(j) In the event the chairman or member of Nay Pyi Taw Council happens to be a member of a political party, this person shall not participate in party activities of that party organization during the tenure of the post from the date of appointment as the chairman or member of Nay Pyi Taw Council.

(k) Formation of Nay Pyi Taw Council, duties, rights and privileges of the chairman and members of Nay Pyi Taw Council shall be prescribed by law.

(l) The head of General Administration Department of Nay Pyi Taw is the secretary of Nay Pyi Taw Council. General Administration Department of Nay Pyi Taw is the office of Nay Pyi Taw Council.

36. In connection with prescribing of status of the chairman and members of Nay Pyi Taw Council,

- The chairman of Nay Pyi Taw Council is prescribed as of the same status as Union Minister, for purpose of reference in prescribing by law duties, rights and privileges of the chairman and members of Nay Pyi Taw Council.

37. In connection with administration at district and town-ship level,

- administration at district and township level shall be carried out, assigned to State service personnel.

38. In connection with administration at ward or village tract level,

-administration at ward or village tract level shall be carried out, assigned in accord with law, to a person of integrity respected by the community.

In connection with the term of the Auditor-General, it shall be called Pyidaungsu Auditor-General

Yangon, 30 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 Union Auditor-General and Deputy Auditor-General, Formation of Union Civil Service Board, Region or State Government and Region or State General Administration Department of Formation of Executive in the chapter Executive' by Dr Ma Nan Tu Ja of Delegate Group of Other Invited Persons.

Union Auditor-General and Deputy Auditor-General

12. In connection with the term of the Auditor-General,

- It shall be called Pyidaungsu Auditor-General.

13. In connection with the appointment of and assignment of duties of Pyidaungsu Auditor-General,

(a) with the approval of the Pyidaungsu Hluttaw, the President of the State shall appoint a person, from among the Hluttaw representatives or persons who are not Hluttaw representatives, having the following qualifications, Pyidaungsu Auditor-General so as to audit State budget and report to the Pyithu Hluttaw and Amyotha Hluttaw;

(1) being a person who has completed the age of 45;

(2) apart from the age limit, having qualifications prescribed for Pyithu Hluttaw representatives;

(3) (aa) who has been for at least ten years an auditor of not lower than the region or the state level, or

(bb)who has been for at least twenty years a Registered Accountant or a Certified Public Accountant, or

(cc)who is assumed by the President to be a well-known accountant, statistician or economist of good reputation,

(4) being a person who is loyal to the State and the citizens;

(b)Pyidaungsu Hluttaw shall not have the right to reject the person nominated by the President to be appointed Pyidaungsu Auditor-General unless it can prove clearly that he is not qualified for being Pyidaungsu Auditor-General,

(c)the President of the State has the right to submit new nomination to the Pyidaungsu Hluttaw in place of a person who has not been approved to be appointed and assigned as Pyidaungsu Auditor-General,

(d)Pyidaungsu Auditor-General is responsible to the President of the State.

14. In connection with impeachment of the Auditor-General of the Union,

(a) the Auditor-General of the Union may be impeached for any of the following:

(1) breach of allegiance to the State

(2) violation of a provision of the Constitution

(3) moral turpitude

(4) default in qualifications of the Auditor-General of the Union

(5) inefficient discharge of duties assigned to him in accord with the law.

(b)If it is desired to impeach the Auditor-General of the Union, it shall be proceeded in accord with the provisions for impeachment of the President or the Vice-President of the State;

(c)If the Hluttaw conducting the inquiry decides and submits that the impeachment is true and that the person impeached is not fit to keep on serving as the Auditor-General of the Union, the President shall terminate that person's performance of duties as the Auditor-General of the Union;

(d) If the Hluttaw conducting the inquiry decides and submits that the impeachment is false, it shall so be reported to the President of the State by the okkahta of the Hluttaw concerned.

15. In connection with the appointment of the Deputy Auditor-General,

(a) The President of the State shall at own discretion appoint a person who possesses the following qualifications, from among Hluttaw representatives or non-Hluttaw representatives, as the Deputy Auditor-General to assist the Auditor-General of the Union:

(1) person who has completed 40 years of age

(2)person who possessing qualifications prescribed for Pyithu Hluttaw representatives, except for the age limit

(3) (aa) person who has served at least ten years in an auditor's post not lower than Region or State level, or

(bb) person who has served as Registered Accountant or Certified Public Accountant for at least 15 years, or

(cc) person whom the President of the State regards as one competent in statistics, or accounting or economics with high repute.

(4) person loyal to the State and the citizenry,

(b) The Deputy Auditor-General shall be responsible to the Auditor-General, and through the Auditor-General to the President of the State.

16. In connection with the tenure of post, the right to resign from the post, the right to effect termination of duties, and the right to make appointments to fill vacant posts of the Auditor-General of the Union and the Deputy Auditor-General etc,

(a) The tenure of the Auditor-General of the Union and the Deputy Auditor-General shall normally be the same as that of the President of the State,

(b) The Auditor-General of the Union or the Deputy Auditor - General, in the event of wishing to resign on own volition for some reason before the end of the tenure, may submit so in writing to the President of the State and do so,

(c) The President of the State may order the resignation of the Auditor-General of the Union or the Deputy Auditor - General who is unable to discharge the given duties fully, or, in the event of non - compliance, shall order termination of duties of the same,

(d) In the event there comes about a vacancy in the post of the Auditor - General of the Union or the Deputy Auditor - General due to resignation, termination of duties, death or any other cause before the end of the tenure of post, the President of the State may appoint- a new Auditor - General of the Union or Deputy Auditor - General in accord with the provisions on appointment of the Auditor - General of the Union or the Deputy Auditor - General as contained in the State Constitution. The tenure of the Auditor-General of the Union or Deputy Auditor-General shall be only for the remainder of the tenure of the President of the State,

(e) In the event the Auditor-General of the Union or the Deputy Auditor-General happens to be a representative in a Hluttaw, this person shall be deemed to have resigned as a Hluttaw representative from the date of appointment as the Auditor - General of the Union or the Deputy Auditor-General,

(f) In the event the Auditor-General of the Union or the Deputy Auditor-General happens to be a civil servant, this person shall be deemed to have retired as a civil servant in accord with existing service regulations from the date of appointment as the Auditor-General of the Union or the Deputy Auditor - General,

(g) In the event the Auditor-General of the Union or the Deputy Auditor-General happens to be a member of a political party, this person shall not participate in Party activities of that party organization during the tenure of the post from the date of appointment as the Auditor-General of the Union or the Deputy Auditor - General,

(h) (1) In the event there comes about a vacancy in the post of the President of the State who has appointed the Auditor- General of the union and the Deputy Auditor-General due to resignation, termination of duties, death or any other cause before the end of the tenure of office, the new President of the State elected as replacement may retain them or appoint a new Auditor-General of the Union and Deputy Auditor -General in accord with the provisions on appointment of the Auditor - General of the Union and the Deputy Auditor-General as contained in the State Constitution. In such an event, the President of the State may have the incumbents carry on in their posts till the new ones are appointed,

(2) The tenure of the Auditor-General of the Union and Deputy Auditor-General so appointed as replacements shall be only for the remainder of the tenure of the new President of the State.

(i) Duties, rights and privileges of the Auditor- General of the Union and Deputy Auditor-General shall be prescribed by law.

17. In connection with the status of the Auditor-General of the Union and the Deputy Auditor - General,

- the Auditor-General of the Union is prescribed to be of the same status as Union Minister, and the Deputy Auditor-General is prescribed to be of the same status as Deputy Minister, for the purpose of reference in prescribing by law duties, rights and privileges of the Auditor-General of the Union and the Deputy Auditor-General.

Formation of Union Civil Service Board

18. In connection with formation of the Union Civil Service Board,

(a) The President of the State shall form the Union Civil Service Board to carry out duties of selecting and training personnel of civil service and laying down regulations of civil service,

(b)The President of the State shall appoint persons who possess the following qualifications as chairman and members of the Union Civil Service Board:

(1) person who is fully 50 years old

(2)person who possesses qualifications prescribed for Pyithu Hluttaw representatives except for the age stipulation

(3) members of the intelligentsia and intellectuals mature in experience

(4) person loyal to the State and the citizenry

(5) person who is not a member of a political party

(6) person who is not a Hluttaw representative

(c) The chairman of the Union Civil Service Board shall be responsible to the President of the State and members of the board shall be responsible through the chairman of the board to the President of the State,

(d)The tenure of the chairman and members of the Union Civil Service Board shall normally be the same as that of the President of the State,

(e) Formation of the Union Civil Service Board, duties, rights and privileges of the chairman and members, resignation and terminal on of duties shall be prescribed by law.

19. In connection with the status of the chairman of the Union Civil Service Board, the chairman of the Union Civil Service Board is prescribed to be of the same status as Union Minister, for the purpose of reference in prescribing by law duties, rights and privileges of the chairman of the Union Civil Service Board.

Region or State Government

20. In connection with the terms referring to leader of Region or State and members of Region or State government,

(a) the leader of Region or State shall be known as Chief Minister of the Region or State;

(b) members of Region or State government shall be known as Minister of the Region or State.

21. In connection with formation of Region government or State government and appointment of the Chief Minister of Region or State,

(a) Region government is formed in a Region and State government is formed in a State,

(b) Region or State government is formed with the following persons:

(1) Chief Minister of Region or State

(2) Ministers of Region or State

(3) Advocate - General of Region or State

(c)With the approval of Region or State Hluttaw concerned, the President of the State;

(1) may prescribe Region or State ministries as necessary, and may make changes or additions to the ministries so prescribed;

(2) may prescribe the number of Region or State ministers as necessary and may decrease and increase this number so prescribed;

(d) Chief Minister and Ministers of Region or State shall possess the following qualifications:

(1) person who is fully 35 years old

(2) person who possesses qualifications prescribed for Region or State Hluttaw representatives except for the age stipulation

(3) person who is loyal to the State and the citizenry

(e) For appointment as the Chief Minister of Region or State, the president of the State shall

(1) select a suitable Hluttaw representative who possesses prescribed qualifications from among Region or State Hluttaw representatives concerned;

(2) send the nomination of the selected Hluttaw representative to the Region or State Hluttaw concerted and seek its approval thereof.

(f) The President of the State shall appoint the Hluttaw representative approved by Region or State Hluttaw as the Chief Minister of Region or State

(g) Region or State Hluttaw shall have no right to turn down the Hluttaw representative nominated by the President of the State for appointment as Chief Minister of Region or State, unless it can clearly show that person does not fully possess the qualifications prescribed for the post of the Chief Minister of Region or State

(h) The President of the State has the right to submit a new nomination to the Region or State Hluttaw in place of the person who does not get approval of the Region or State Hluttaw for appointment as the Chief Minister of Region or State.

22. In connection with the appointment of Region or State Ministers,

(a)In order to appoint Region or State Ministers, the Region or State Chief Minister shall

(1) select suitable persons who possess prescribed qualifications from among the Region or State Hluttaw representatives or non- Hluttaw representatives;

(2)ask a list of names of suitable Tatmadaw members from the Commander-in-Chief of Defence Services to assign security and border affairs responsibilities;

(3)ask the nomination of the okkahta from the self-administered division or self-administered zone leading body in the respective region or state;

(4) obtain the list of Hluttaw representatives elected to undertake the affairs of national races in the respective region or state from the respective Election Commission.

(b) The Region or State Chief Minister shall prepare together the list of persons he has selected and that of Tatmadaw members nominated by the Commander- in- Chief of De-fence Services, submit them to the respective Region or State Hluttaw and seek its approval;

(c) Region or State Hluttaw has no right to reject a person nominated by the Region or State Chief Minister for the appointment of Region or State Minister unless it can prove clearly the person concerned does not possess qualifications prescribed for Region or State Ministers;

(d) the Region or State Chief Minister has the right to submit again the list furnished with new name replacing the one who has not been approved by the Region or State Hluttaw for the appointment of the Region or State Minister;

(e) the Region or State Chief Minister shall submit the names approved by. the Region or State Hluttaw, that of okkahta of the self administered division or self- administered zone and that of Hluttaw representatives elected to undertake the affairs of national races for appointment as Region or State Ministers;.

(f) The President of the State shall appoint persons submitted by the Region or State Chief Minister as Ministers; in appointing them, he shall allocate, in consultation with the respective Region or State Chief Minister, the ministry or ministries which each Region or State Minister is to take charge;

(g) The President of the Slate shall

(1) assign duties to the self- administered division okkahtas or self- administered zone okkahtas who are Region or State Ministers, to undertake the affairs of respective self administered division or self- administered zone;

(2) assign duties to the Hluttaw representatives elected to undertake the affairs of national races, who are Region or State Ministers, to undertake the affairs of the national races concerned;

(h) The President of the State shall exercise relaxation of stipulation on age limit in the State Constitution in appointing Region or State Ministers, the okkahta of the self administered division or self - administered zone or Hluttaw representatives elected to undertake the affairs of national races;

(i) The President of the State, in consultation with the Prime Minister, may appoint Ministers for self- administered division or self-administered zone and Ministers for national race affairs as Ministers concurrently in charge of other ministries as well;

(j) The Region or State Chief Minister, if desirous of assigning Tatmadaw members as Region or State Ministers for other responsibilities other than security and border areas affairs responsibilities, shall coordinate with the Commander-in - Chief of Defence Services, obtain the approval of the respective Region or State Hluttaw, and submit it to the President of the State;

(k) The President of the State is to send intimation of the appointments of Region or State Chief Minister and Ministers to the Region or State Hluttaw and Pyidaungsu Hluttaw;

(l) (1)The Region or State Chief Minister Shall be responsible to the President of the State.

(2)The Region or State Ministers shall be responsible to the Region or State Chief Minister concerned, and, through the Chief Minister, to the President of the State.

(m) The term of office of the Region or State Chief Minister and Ministers shall normally be the same as that of the President of the State.

23. In connection with impeachment of Region or State Chief Minister or any of the Ministers,

(a)Region or State Chief Minister or any of the Ministers, shall be impeached for one of the following reasons:

(1) treason,

(2) violation of any of the provisions in the Constitution,

(3) misconduct,

(4) being disqualified for the post of Region or State Chief Minister or Minister under the Constitution:

(5) inefficient discharge of duties assigned to him in accord with the law.

(b) If it is desired to impeach a Region or State Chief Minister or Minister for any of the above reasons, a proposal in writing signed by not less than one - fourth of the total membership of the Region or State Hluttaw shall be submitted to the okkahta of the Hluttaw concerned,

(c) The Okkahta of the Hluttaw concerned shall form an investigation commission and cause the charge to be investigated. The term pending the completion of the investigation shall be determined depending on the magnitude of the charge,

(d) The Region or State Chief Minister or Minister thus charged shall have the right to appear or to be represented at the investigation of the charge and be given the chance to refute it,

(e) (1) The Okkahta of the Hluttaw shall report to the Region or State Hluttaw concerned the results of the investigation submitted to him by the investigation commission by which the charge against the Region or State Chief Minister or Minister has been investigated, and then report to the President of the State if a resolution is ? passed, supported by not less than two- thirds of the total membership of the Hluttaw concerned, declaring that the charge has been substantiated and that of the offence, the subject of the charge, is such as to render Region or State Chief Minister or Minister unfit to continue in office;

(2) The President of the State, upon receipt of the submission, shall proceed to remove the Region or State Chief Minister or Minister who has been impeached;

(3) If the Hluttaw concerned decides that the charge has been refuted, the Okkahta of the Hluttaw concerned shall report the decision to the President of the State.

24. In connection with resignation, removal from office and filling the vacated post of a Region or State Chief Minister or any of the Ministers, -

(a) If a Region or State Chief Minister desires to resign on his own volition or any reason before the expiry of the term of office, he shall be permitted to do so after he has submitted his letter of resignation to the President of the State,

(b) The President of the State shall

(1) instruct the Region or State Chief Minister or Minister, who is incapable of performing duties properly, to re-sign, and proclaim removal from office in the event of failure to comply with his instruction,

(2) coordinate with the Commander-in-Chief of Defence Services if the person to resign or be removed from office is the Tatmadaw member Region or State Minister nominated by the Commander-in-Chief of Defence Services.

(c) If the post of the Region or State Chief Minister or Minister becomes vacant in the event of resignation, or being re-moved from office, or death, or any reason, the President of the State shall take steps to till the vacant post in accord with the provisions of the Constitution in coordination with the Region or State Hluttaw. The remaining tenure of the President of the State shall be prescribed for the term of office of the newly appointed person,

(d) (1) If the Region or State Minister is a civil servant, he shall be deemed to have retired from his position as civil servant in accord with the existing rules and regulations from the date he is appointed the Region or State Minister;

(2) Tatmadaw members who have been appointed Region or State Ministers for Security and Border Affairs of the Region or State Governments need not retire or resign from the Tatmadaw.

(e) Responsibilities, rights and privileges of the Region or State Chief Minster and Ministers shall be prescribed by law.

25. In connection with prescribing the status of the Region or State Chief Minister and Minster,

- The Region or State Chief Minister is prescribed to be of the same status as Pyidaungsu Minister and the Region or State Minister is prescribed to be of the same status as Deputy Minister, for the purpose of reference in prescribing by law responsibilities, rights and privileges of the Region or State Chief Minister or Minister.

Region or State General Administration Department

26. In connection with the head of the General Administration Department of the Region or State concerned,

- The head of the General Administration Department of the Region or State concerned shall act ex officio as secretary of the government of the Region or State concerned. Moreover, the General Administration Department of the Region or State shall be the office of the government of the Region or State concerned.