DETAILED BASIC PRINCIPLES OF THE FORMATION OF THE
EXECUTIVE
1. In connection with formation of
the Pyidaungsu (
(a) The Executive Head of the State is the President of the State;
(b)(1) the executive power of the State is distributed among the Pyidaungsu, regions and states;
(2) self-administrative power is distributed to self-administered areas as stipulated by the State Constitution.
(c) The Union government of the State shall be formed with the following persons:
(1) the President of the State;
(2) Vice-Presidents;
(3) Union ministers;
(4) the Attorney-General of the
(d) With the approval of the Pyidaungsu Hluttaw, the President of the State shall --
(1) designate the Union government ministries as necessary. Moreover, he can make changes in and addition to the designated ministries;
(2) allocate the number of Union Ministers as necessary. Moreover, he can increase or reduce the allocated number.
(e) Union ministers shall possess the following qualifications:
(1) they must have attained the age of 40 years;
(2) with the exception of age limit, they shall possess qualifications prescribed for Pyithu Hluttaw representatives;
(3) they shall be loyal to the State and citizenry.
2. In connection with appointment of
Union ministers --
(a) The President of the State shall appoint Union ministers --
(1) he shall select suitable persons who possess prescribed qualifications from among the Hluttaw representatives or non-Hluttaw representatives;
(2) he shall obtain a list of nomination of suitable Tatmadaw members from the Commander-in-Chief of Defence Services for ministries of defence, security/home affairs and border affairs;
(3) he shall consult with the Commander-in-Chief of Defence Services if he desires to appoint Tatmadaw members as Union ministers for the ministries other than defence, security/home affairs and border affairs.
(b) The President is to prepare together the list of persons he has selected and that of Tatmadaw members from the Commander-in-Chief of Defence Services, submit them to the Pyidaungsu Hluttaw and seek its approval.
(c) Pyidaungsu Hluttaw has no right to refuse a person nominated by the President of the State for the appointment of Union Minister unless it can prove the person concerned does not possess qualifications prescribed for Union Ministers.
(d) The President of the State has the right to submit again the list furnished with new name replacing the one who has not been approved by the Pyidaungsu Hluttaw for the appointment of the Union Minister.
(e) The President of the State shall appoint persons approved by the Pyidaungsu Hluttaw as Union Ministers; in appointing them, the President of the State is to allocate the ministry or ministries which each Union Minister is to take charge.
(f) The President of the State shall inform the Pyidaungsu Hluttaw whenever he appoints the Union Ministers.
(g) The Union Ministers shall be responsible to the President of the State.
3. In connection with appointment of and
assigning of duties to Deputy Ministers,
(a) The President of the State shall have the right to appoint the following persons, from among Hluttaw representatives or non-Hluttaw representatives, who possess the following qualifications, as the Deputy Ministers to assist the Union Ministers --
(1) must be persons who have attained 35 years of age;
(2) with the exception of age limit, all who possess the qualifications prescribed for Hluttaw representatives;
(3) must be loyal to the State and the citizenry.
(b) If the President is to appoint and assign duties to Deputy Ministers for defence, security/home affairs and border affairs, he shall obtain a list of nominations including suitable Tatmadaw members from the Commander-in-Chief of Defence Services.
(c) The President of the State shall consult with the Commander-in-Chief of Defence Services if he desires to appoint and assign duties to Tatmadaw members as Deputy Ministers for ministries other than defence, security/ home affairs and border affairs.
(d) The President of the State, in appointing and assigning duties to Deputy Ministers, shall allocate the ministries concerned.
(e) The Deputy Ministers shall be responsible to the respective Union Ministers, and, through the respective Union Ministers, to the President of the State.
4. In connection with impeachment of any
Union Minister,
(a) Any Union Minister shall be impeached for one of the following reasons:
(1) treason;
(2) violation of any provision of the Constitution;
(3) misconduct;
(4) being disqualified for Union Minister under the Constitution.
(b) When any Union Minister is impeached, it is to proceed in accord with provisions of the Constitution regarding impeachment of the President or the Vice-President.
(c) However, when the charge against any Union Minister who is impeached is maintained and the Hluttaw concerned decides that he is not fit to continue to hold office as a Union Minister and informs the President of the matter, the President shall remove the Union Minister from office.
(d) If the Hluttaw concerned decides that the charge has been refuted, the okkahta of the Hluttaw shall inform the President.
5. In connection with the term of
office, resignation, removal from office and replacement of Union Ministers and
Deputy Ministers,
(a) The term of office of Union Ministers and Deputy Ministers shall generally be the same as the term of office of the President.
(b) If the Union Minister or Deputy Minister desires to resign from office of his own volition due to a certain cause before the expiry of the term of office, then he shall do so only after tendering his written resignation to the President.
(c) The President shall --
(1) have the right to order the resignation of a Union Minister or Deputy Minister, who has failed to discharge his duties, and can remove him from office if he fails to comply with the order;
(2) coordinate with the Commander-in-Chief of Defence Services and take steps if it is concerned with a Tatmadaw member Union Minister or Deputy Minister who is to be caused to resign or to be removed from office.
(d) If the post of Union Minister or Deputy Minister falls vacant due to resignation, removal from office, death or any cause, the President shall have the right to appoint and assign duties to a new Union Minister or Deputy Minister in accordance with the provisions of the Constitution regarding appointment of the Union Minister or Deputy Minister. The term of office of newly appointed Union Minister or Deputy Minister shall be the same as the remaining term of office of the President.
(e) If the Union Minister or Deputy Minister is a representative of a Hluttaw, it is to be assumed that he has resigned as a Hluttaw representative from the date he is appointed Union Minister or Deputy Minister.
(f)(1) If the Union Minister or Deputy Minister is a civil servant, then it is to be assumed that he has retired as a civil servant according to the civil service rules and regulations from the date he is appointed Union Minister or Deputy Minister;
(2) Tatmadaw members who have been appointed Union Ministers and Deputy Ministers for defence, security/home affairs and border affairs need not retire and resign from the Tatmadaw.
(g) If the Union Minister or Deputy Minister is a member of a political party, then he shall refrain from participating in party activities during the term of office from the date he is appointed Union Minister or Deputy Minister.
(h) (1) When the post of the President who appointed and assigned duties to Union Ministers and [Deputy] Ministers has fallen vacant due to resignation or death or any cause before the expiry of the term of office, the Union Ministers and Deputy Ministers shall continue to perform their duties until the new President, who has been elected and replaced the vacant post, has appointed and assigned duties to new Union Ministers and Deputy Ministers;
(2) The term of office of the newly appointed Union Ministers and Deputy Ministers shall be the same as the remaining term of office of the new President.
(i) Responsibilities, rights and privileges of Pyidaungsu Ministers and Deputy Ministers shall be prescribed by law.
6. In connection with the term of the
Attorney-General,
-- it shall be called Pyidaungsu Attorney-General.
7. In connection with the appointment
and assignment of duties of Pyidaungsu Attorney-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 Attorney-General so as to get advice on legal matters and assign duties of a legal character:
(1) having attained the age of 45 years;
(2) apart from the age limit, having qualifications prescribed for Pyithu Hluttaw representatives;
(3)(aa) who has been for at least five years a judge of the Region or State Taya Hluttaw (High Court), or
(bb) who, if he is a judicial officer or a law officer, has been for at least ten years in a position not lower than region or state level, or
(cc) who has been an advocate of the Taya Hluttaw (High Court) of at least 20 years standing, or
(dd) who is assumed by the President to be a legal expert of prominent 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 Attorney-General unless it can prove clearly that he is not qualified for being Pyidaungsu Attorney-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 duties as Pyidaungsu Hluttaw Attorney-General,
(d) Pyidaungsu Attorney-General is a member of the Pyidaungsu government,
(e) Pyidaungsu Attorney-General is responsible to the President of the State.
8. In connection with impeachment of
Pyidaungsu Attorney-General,
(a) Pyidaungsu Attorney-General shall be impeached for one of the following reasons:
(1) treason,
(2) violation of any of the provisions of the Constitution,
(3) misconduct,
(4) being disqualified for the post of Pyidaungsu Attorney-General under the Constitution.
(b) if it is desired to impeach Pyidaungsu Attorney-General, it shall proceed in accordance with provisions regarding the impeachment of the President of the State or Vice-President,
(c) if the respective Hluttaw submits that the charge has been sustained and the offence or the subject of the offence, is such as to render the Pyidaungsu Attorney-General unfit to continue in office, the President of the State shall terminate the Pyidaungsu Attorney-General from duties,
(d) if the respective Hluttaw decides that the charge has been refuted, the Hluttaw Chairman shall report the decision to the President of the State.
9. In connection with appointment of
Deputy Attorney-General --
(a) The President of the State shall appoint of his own volition a person having the following qualifications from among Hluttaw representatives or persons who are not Hluttaw representatives as Deputy Attorney-General to assist Pyidaungsu Attorney-General:
(1) being a person who has completed the age of 40,
(2) apart from the age limit, having qualifications prescribed for Pyithu Hluttaw representatives,
(3) being a person
(aa) who has been for at least five years a judge of the region or state Taya Hluttaw (High Court), or
(bb) who, [if] he is a judicial personnel or a law personnel, has been at least ten years in a position not lower than region or state level, or
(cc) who has been the advocate of the Taya Hluttaw (High Court) of at least 15 years standing, or
(dd) who is assumed by the President to be a legal expert of prominent reputation,
(4) being a person who is loyal to the State and the citizenry,
(b) Deputy Attorney-General is responsible to the Pyidaungsu Attorney-General and to the President of the State through the Pyidaungsu Attorney-General.
10. In connection with the term of office, resignation, termination of duties
and filling the vacant post of the Pyidaungsu Attorney-General or Deputy Attorney-General
--
(a) The term of office of the Pyidaungsu Attorney-General or Deputy Attorney-General shall generally be the same as that of the President of the State;
(b) The Pyidaungsu Attorney-General or Deputy Attorney-General may resign of his own accord before the expiry of the term of office after submitting his resignation to the President of the State;
(c) The President of the State may instruct the Pyidaungsu Attorney-General or Deputy Attorney-General who cannot perform duties fully to resign and shall have right to remove him from office for failure to follow the instruction;
(d) The President of the State shall, if the post of the Attorney-General or Deputy Attorney-General becomes vacant in the event of resignation, or being removed from office, or death, or any cause, appoint a new Attorney-General or Deputy Attorney-General in accord with the provisions under the Constitution. The remaining tenure of office of the President of the State shall be prescribed for the term of office of the new Attorney-General or Deputy Attorney-General;
(e) If Pyidaungsu Attorney-General or Deputy Attorney-General is a representative of a Hluttaw, he shall be deemed to have vacated his seat in that Hluttaw from the date he is appointed the Attorney-General or the Deputy Attorney-General;
(f) If Pyidaungsu Attorney-General or Deputy Attorney-General is a civil servant, he shall be deemed to have retired in accord with the existing rules and regulations from the date he is appointed the Attorney-General or the Deputy Attorney-General;
(g) If Pyidaungsu Attorney-General or Deputy Attorney-General is a member of a political party, he shall not perform the duties of that party during his tenure of office from the date he is appointed the Attorney-General or Deputy Attorney-General;
(h) (1) When the post of the President of the State who had appointed and assigned duties to the Pyidaungsu Attorney-General and Deputy Attorney-General falls vacant in the event of resigning, passing away or any other reason, the new President of the State who has been elected as replacement shall continue to assign duties to them, or appoint and assign duties to new Pyidaungsu Attorney-General and new Deputy Attorney-General according to the provisions of the Constitution. If so, the Pyidaungsu Attorney-General and Deputy Attorney-General shall be allowed to continue to perform their duties up to the time when the new Pyidaungsu Attorney-General and Deputy Attorney-General have been appointed and assigned duties.
(2) The remaining tenure of office of the President of the State shall be prescribed for the term of office of the new Attorney-General or Deputy Attorney-General;
(i) The duties, powers and privileges of Pyidaungsu Attorney-General or Deputy Attorney-General shall be prescribed by law.
11. In connection with prescribing the
status of Pyidaungsu Attorney-General and Deputy Attorney-General,
-- Pyidaungsu Attorney-General is prescribed to be of the same status as Pyidaungsu Minister and the Deputy Attorney-General 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 Pyidaungsu Attorney-General and Deputy Attorney-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 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
(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
(b) If it is desired to impeach the Auditor-General of the
(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
(1) person who has completed 40 years of age,
(2) person who possesses 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
(b) The Auditor-General of the
(c) The President of the State may order the resignation of the
Auditor-General of the
(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
(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
(g) In the event the Auditor-General of the
(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 even 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
(i) Duties, rights and privileges of the
Auditor-General of the
17. In connection with the status of the
Auditor-General of the
-- The Auditor-General of the
18. In connection with the 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 termination of duties shall be prescribed by law.
19. In connection with the status of the
chairman and members 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.
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 appointing 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 decease 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 of the Chief Minister of Region or State, the President of the State shall --
(1) select a suitable Hluttaw representative who possess 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 concerned 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 the 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 the 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.
Source,
“The New Light of
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 Defence 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 names 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 [of] which each Region or State Minister is to take charge;
(g) The President of the State 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 may 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 the 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 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;
(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 [sic] 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 resign, 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 removed from office, or death or any reason, the President of the State shall take steps to fill 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-pointed 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 accordance 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 Minister and Ministers shall be prescribed by law.
25. In connection with prescribing the
status of the Region or State Chief Minister and Minister,
-- 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.
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.
27. In connection with the term referring
to the Attorney-General of the Region or State,
-- It shall be called Advocate-General of the Region or State.
28. In connection with the appointment
of and assigning duties to 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 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 in 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 replacing the person who has not been approved b y 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 the Region or State.
(f) The Advocate-General of the Region or State is responsible to the President through the Chief Minister of the Region or State concerned, 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 a 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.
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.
31. In connection with appointment of
and assignment of 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 to the Auditor-General of the Region or State concerned to be able to audit the Region or State budget and submit it to the Region or State 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 representatives;
(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 replacing the person who has not been approved by the Region or State concerned for appointment as the Auditor-General of the Region or State concerned.
(e) The Auditor-General of the Region or State is responsible to the President through the Chief Minister of the Region or State concerned, 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 the provisions of the Constitution prescribed for the Chief Minister 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.
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-administered 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 the 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-administered 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 the 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 the 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.
(m) The head of General Administrative Department in the respective self-administered division or self-administered zone shall serve as secretary of the self-administered division leading body or self-administered zone leading body. Moreover, the General Administrative 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.
(n) In place of the clause "The State shall form a commission to undertake matters included in abovementioned Paragraph (d) Sub-paragraph (5) and (6), Paragraph (g) Sub-paragraph (5) and this Paragraph Sub-paragraph (4), the following shall be substituted "The National Convention shall forthwith carry out matters included in above-mentioned Paragraph (d) Sub-paragraphs (5) and (6), Paragraph (g) Sub-paragraph (5) and this Paragraph Sub-paragraph (4)."
35. In connection with administration of
Yangon City that is Union territory,
(a)
(b) The President of the State may, as necessary, effect changes in
demarcation of districts and townships in
(c) The President of the State --
(1) shall constitute a Yangon City Council;
(2) shall appoint persons who possess prescribed qualifications as chairman and members of Yangon City 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
(4) may, as necessary, prescribe, in accord with law, the number of members, including the chairman, to serve on Yangon City Council.
(d) The chairman and members of Yangon City 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 the Yangon City Council shall be responsible to the President of the State; members shall be responsible to the chairman of Yangon City 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 vacant posts of the chairman and members of Yangon City Council,
(1) The tenure of the chairman and members of Yangon City Council shall normally be the same as that of the President of the State;
(2) The chairman or member of Yangon City Council, in the event of wishing to resign of 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 the Yangon City Council who is unable to discharge the given duties fully or, in the event of non-compliance, shall order termination of the duties 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 the Yangon City Council that is to resign or is going to get termination of duties.
(4) In the even there comes about a vacancy in the post of the chairman or a member of Yangon City 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 Yangon City Council in accord with the provisions of the State Constitution. The tenure of the new chairman or member of Yangon City 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 Yangon City Council happens to be a representative in a Hluttaw, this person shall be deemed to have resigned as a Hluttaw representatives from the date of appointment as the chairman or member of Yangon City Council.
(h) In the event the chairman or member of Yangon City 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 Yangon City Council.
(i) Tatmadaw member or members who are appointed
member or members of Yangon City Council for coordination of matters of
security of
(j) In the event the chairman or member of Yangon City 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 Yangon City Council.
(k) Formation of Yangon City Council, duties, rights and privileges of the chairman and members of Yangon City Council shall be prescribed by law.
(l) The head of General Administration Department of Yangon City is the
secretary of Yangon City Council. General Administrative Department of
36. In connection with prescribing of
status of chairman and members of Yangon City Council,
-- The chairman of Yangon City Council is prescribed to be of the same status as Union Minister, for purposes of reference in prescribing by law duties, rights and privileges of the chairman and members of Yangon City Council.
37. In connection with administration of
Coco Island township that is Union territory,
-- administration of
38. In connection with administration at
district and township level,
-- administration at district and township level shall be carried out, assigned to State service personnel.
39. 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.
Source:
“The New Light of
[Online Burma/Myanmar Library editor’s note: This text is
taken from the full-text version transcribed from “The New Light of Myanmar” contained
in “The Burma Press Summary” (BPS) – see http://public.ibiblio.org/gsdl/cgi-bin/library?site=localhost&a=p&p=about&c=burmaps&ct=0
Some of the
clarifications placed in square brackets by the BPS compiler have been kept
here]