Committee Representing People's Par

[nldburma@xxxxxxxxxxx]

Committee Representing People's Parliament Elected by 
the 1990 Multiparty Democratic Elections

Notification No 3

Reference paragraph 5(e) of our Notification No 2 dated the 28 September 
1998. Sections 8 and 12 of the Village Act are reproduced below for 
general information:-

Section 8- General duties of the Council Chairman
(1) The Council chairman and its members have civic duties to the people 
as below:-
(a) To investigate and interrogate and examine every report relating to 
offences described in Section 7.
(b) When there are sufficient reasons to believe that an offence has 
been or will be committed, to apprehend the offender and recover 
properties.
(c) To arrest persons taking refuge in the village without 
justification.
(d) As soon as possible, to hand over the arrested individual, weapons 
and other exhibits 
to the nearest police  station.
(e) To defend the village against any illegal attack.
(f) To carry out instructions given by the township council in matters 
relating to defence, road transport and communications, and the 
procurement of water.
(g) To provide facilities such as guides, porters, provisions, carts, 
labourers , elephants, horses, mules, asses, boats and likewise 
transportation to the military units posted in or near or passing 
through the village, and to government servants travelling on official 
business on payment of wages or allowances as prescribed by the township 
council.
Proviso- No council chairman or member is empowered to compel any 
villager who is not a manual labourer or a servant to personally perform 
such tasks, but can ask for a substitute.
(h) x  x  x
(i) To assist the Land Committee in collecting revenue payable to the 
government by residents of the village and from owners of vacant land.
(j) To maintain a village birth and death register in accordance with 
regulations.
(k) To administer and monitor the following matters:-
(1) Prevention and eradication of contagious diseases of humans and 
animals
(2) Restrain and suppress disturbances of the public peace.
(3) Fire prevention
(4) Village cleansing
(5) Making of regulations regarding the slaughter and sale of meat of 
buffaloes, cows, sheep, goats and pigs.
(l) To investigate diligently and give whatever information relating to 
village matters  that is required by the police, government officers and 
anyone of the officers from the army, navy and air force.
(m) To confiscate weapons as prescribed in Section 21(a) from persons 
attending , or going or returning from village functions.
(1) In performance of civic duties, giving appropriate assistance to 
government officials.
(2) The council chairman's duties described in subsection 1 also applies 
to council members.
(3) Every council chairman is empowered to arrest any person who 
contravenes the provisions of Section 510 of the Penal Code pertaining 
to drunkenness and inappropriate acts in public places.

Section 12:- Penalty prescribed for negligence or failure to perform 
their civic duties are 
(1) (deleted)
(2) The council may order a payment of ten kyats or detention for 48 
hours at a place prescribed by the township council chairman or both.
(3) A magistrate can impost a fine of fifty kyats or imprisonment of one 
month of both.


Committee Representing People's Parliament


Rangoon
2nd October 1998

Note- 	The above law was enacted in 1908 by the colonial imperialists 
and has been in force to date. It was revised by the Socialist Republic 
of Burma Council and approved and enforced by State Law and Order 
Restoration Council ( now the State Peace and Development Council).

( The National League for Democracy takes full responsibility for 
distribution)

*******************************************************************
Committee Representing People's Parliament 
Elected by the 1990 Multiparty Democratic Elections


In our Notification No 3 (2/10/98) the provisions of Section 8 and 12 of 
the Village Act have been reproduced. A decision was taken to  place our 
views in relation to this before the Parliament.

Section 8 and 8(1) describes the general duties of Village Council 
Chairman and members. As they are not elected according to the wishes of 
the people, in future when a genuine democratic system is established 
such councils must compose only persons elected by the people.

Section 8 (a)- relating to duty to investigate and interrogate offenders 
where a report is given of crimes described in Section 7, our view is 
that the duty be limited to investigation and not to interrogation 
because interrogatory powers are prone to abuse. 

Section 8(b)- Power to arrest and recover properties on sufficient 
reasons to believe that a crime has been committed or is about to be 
committed are inadequate provisions and can lead to misuse of power.

Section 8(c)- Persons taking refuge in a village without justification 
should be confined to criminal offences. It should also indicate who is 
the authority who needs to make the decision about justification.

Section 8(f)- " To carry out instructions given by township councils" 
could lead to abuse of authority to do whatever any person in authority 
so desires. Township councils that exist in democratic regions are 
elected by the people dwelling in that locality and this is as it should 
be.

Section 8(g)- The provisions enacted in this section together with the 
proviso should be deleted so that forced labour be abolished altogether.

Section 8(i)- " Land Committee" should be deleted and substituted by " 
only the village committee elected by the people".

Section 8(k)(2)- "Disturbances of the public peace" is too wide in scope 
and gives the authorities the right to exercise unlimited power. It 
should be amended appropriately or deleted.

Section 8(l)- should be deleted.

Section 8(m)(1)- " Appropriate assistance" is too wide in scope. Should 
be amended or deleted.

Section 8(m)(2) and (3)- These provisions will  not be necessary when 
democratic regional administration is introduced.

Section 12- Should be abolished because it conflicts with the rights of 
villagers.



Committee Representing People's Parliament


Rangoon
2 October 1998

( The National League for Democracy takes full responsibility for 
distribution)
  


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