Committee
Representing the People's Parliament Elected by the 1990 Multiparty Democratic
Elections
Notification
No 3 (1998)
Reference paragraph 5(e) of our Notification No 2 dated the
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 the People's Parliament
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)
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Committee Representing the People's Parliament Elected by the 1990 Multiparty Democratic Elections
In our Notification No 3 (
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 the People's Parliament
(The National League for Democracy takes full responsibility for distribution)