PROCEEDINGS OF THE NATIONAL CONVENTION

12 December 2005

From The New Light of Myanmar 13 December 2005

The Plenary Meeting of National Convention Continues (12-12-2005)

Matters relating to adoption of detailed basic principles on Powers and Functions of the President clarified Plenary Session of National Convention continues at Nyaunghnapin Camp in Hmawby Township

YANGON, 12 Dec — The Plenary Session of the National Convention continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township this morning. It was attended by Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and Commission members, Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of the respective sub-committees, delegates of Kokang Democracy and Unity Party, National Unity Party, Union Kayin League, Union Pa-O National Organization, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, and Wa National Development Party, representatives-elect of National Unity Party, and Mro (or) Khami National Solidarity Organization, independent representatives-elect, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North), and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North), and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia, 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 State service personnel from the State Peace and Development Council Office, the President’s 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 Office of Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee, and ministries concerned, other invited delegates, delegates of armed groups that exchanged arms for peace.

Before the Plenary Session of the National Convention at 7.30 am, Chairman of the NCCC Secretary-1 Lt-Gen Thein Sein and Commission members, NCC Work Committee Chairman Chief Justice U Aung Toe and Work Committee members, NCC Management Committee Chairman Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen of sub-committees, officials, delegates of political parties, representatives-elect, delegates of national races, delegates of peasants, delegates of workers, delegates of intellectuals and intelligentsia, delegates of State service personnel, and other invited delegates signed in the attendance books at the Pyidaungsu Hall and recreation hall for the delegates.

Chairman of the NCCC Secretary-1 Lt-Gen Thein Sein presided over the Plenary Meeting of the National Convention, and Secretary of the Commission Minister for Information Brig-Gen Kyaw Hsan acted as MC.

The MC announced the validity of the meeting as 1,069 delegates out of 1,080 were present, accounting for 98.98 per cent.

NCC Work Committee Chairman Chief Justice U Aung Toe clarified matters concerning detailed basic principles to be laid down for Powers and Functions of the President in the executive and judicial sectors to be included in writing the State Constitution.

(The clarification of NCC Work Committee Chairman Chief Justice U Aung Toe is reported separately.)

NCC Work Committee Vice-Chairman Attorney-General U Aye Maung read out the clarification made by the NCC Work Committee on matters regarding detailed basic principles to be laid down for sharing of executive power of Union Government and region and state governments in the executive and judicial sectors to be included in writing the State Constitution.

(The clarification of NCC Management Committee Vice-Chairman Attorney-General U Aye Maung is reported separately.)

NCC Work Committee Secretary U Thaung Nyunt read out the clarification made by the NCC Work Committee on matters regarding detailed basic principles to be laid down for administrative power of self-administered division and the self-administered zones leading bodies and matters related to State service personnel in the executive and judicial sectors to be included in writing the State Constitution. The Plenary Session of the National Convention went to recess.

(The clarification of NCC Work Committee Secretary U Thaung Nyunt will be reported tomorrow.)

When the Plenary Session of the National Convention resumed NCC Work Committee member Deputy Minister for Information U Thein Sein read out the clarification made by the NCC Work Committee on matters regarding detailed basic principles to be laid down for sharing of judicial power in the executive and judicial sectors to be included in drawing the State Constitution.

(The clarification of NCC Work Committee Member Deputy Minister for Information U Thein Sein will be reported tomorrow.)

NCC Work Committee Member Supreme Court Judge Dr Tin Aung Aye continued to read out the clarification made by the NCC Work Committee on collections of matters regarding detailed basic principles laid down for sharing of executive and judicial powers to be included in drawing the State Constitution.

The Plenary Session of the National Convention was adjourned at 11.55 am.

(The clarification of NCC Work Committee Member Supreme Court Judge Dr Tin Aung Aye will be reported tomorrow.)

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

The Union Government shall uphold and maintain stability, peace, and prevalence of law and order in the country

YANGON, 12 Dec—The following is the clarifications of National Convention Convening Work Committee Chairman U Aung Toe on adoption of detailed basic principles on Powers and Functions of the President included in the sharing of executive and judicial powers for formulating State Constitution at the plenary session held today at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

The delegates have already understood the clarifications made by the National Convention Convening Work Committee Chairman and the discussions and suggestions made by themselves concerning the sharing of the executive and judicial powers at the plenary session held from 17 February to 31 March 2005. The suggestions are appropriate and within the framework of the Fundamental Principles and detailed basic principles already laid down by the National Convention.

The Work Committee after thoroughly studying the suggestions, presented its compilation of the detailed basic principles to the National Convention Convening Commission. The Commission studied the compilation in detail and approved it. I will now explain the approved detailed basic principles for the executive and judicial power.

At the plenary session on 7-3-2005, the Work Committee Chairman explained that the previous sessions of the National Convention had laid down the detailed basic principles, “The Head of State is the President of the Union”, “The Executive Head of State is the President of the Union” and “The President shall exercise powers and function assigned and vested by the constitution and other laws”. He then explained that the following detailed basic principles concerning the Powers and Functions of the President should be laid down:

1. The President shall be responsible to the Pyidaungsu Hluttaw. The Vice-Presidents shall be responsible to the President and also to the Pyidaungsu Hluttaw through the President.

2. To be able to discharge the duties assigned in accord with the Constitution or any of the law, the National Defence and Security Council led by the President shall be formed with the following persons:

1. President

2. Vice-President

3. Vice-President

4. Speaker of the Pyithu Hluttaw

5. Speaker of Amyotha Hluttaw

6. Commander-in-Chief of Defence Services

7. Deputy Commander-in-Chief of Defence Services

8. Minister for Defence

9. Minister for Foreign Affairs

10. Minister for Home Affairs

11. Minister for Border Affairs.

3. The President shall have

(a) the right of pardon

(b) the right of amnesty in accord with the recommendation of the National Defence and Security Council.

4. The President shall

(a) confer titles, honours and awards

(b) revoke titles, honours and awards.

5. The President shall establish or sever diplomatic relations with foreign nations with the approval of the Pyidaungsu Hluttaw. But in the cases which need immediate action, the President shall coordinate with the National Defence and Security Council to sever diplomatic relations with foreign nation, and he shall seek the approval of the Pyidaungsu Hluttaw concerning the action taken by him.

6. The President of the Union , in accord with law,

(a) shall appoint and recall the diplomats of the country;

(b) shall agree on the appointment of foreign diplomats and send information on the recall

7. The President of the Union , in accord with law, shall appoint and dismiss heads of bodies of public services.

8. The President of the Union , in accord with law,

(a) shall enter into, ratify or annul international, regional or bilateral treaties, or withdraw from such treaties with the approval of the Pyidaungsu Hluttaw; and

(b) shall enter into, ratify or annul international, regional or bilateral treaties which do not require the approval of the Pyidaungsu Hluttaw, or withdraw from such treaties.

9. The President of the Union shall have the right to occasionally 0deliver an address or send a message to the meeting of the Pyidaungsu Hluttaw, or to the meeting of the Pyithu Hluttaw or the Amyotha Hluttaw, or to the whole country on any matter regarding the policies and conditions of the State.

10. The President of the Union shall communicate with the Speaker of the Pyidaungsu Hluttaw to summon an emergency or special session of the Pyidaungsu Hluttaw if necessary.11.

(a) Except Union budget matters, the President shall have the right to issue an ordinance on administrative matters that need immediate action during intervals between sessions of the Pyidaungsu Hluttaw.

(b) If the President has not withdrawn the ordinance issued under sub para (a), he shall submit the ordinance for approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after the promulgation of the ordinance. If the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, the President shall cause to convene a special session of the Pyidaungsu Hluttaw for approval.

(d) The ordinance issued by the President will be in force with the approval of the Pyidaungsu Hluttaw till the required date.

(e) Even such an ordinance is revoked within 60 days after its promulgation, it shall be submitted to the nearest meeting of the Pyidaungsu Hluttaw.

(f) If such an ordinance contains matters which the Pyidaungsu Hluttaw has no right to make decision according to the Constitution, the ordinance ceases to have effect.

12. The President shall

(a) in coordination with the National Defence and Security Council, formed within the framework of the Constitution, take suitable military action in the face of aggression against the State;

(b) submit the action so taken to the Pyidaungsu Hluttaw for approval if it is in session or call an emergency meeting to present the matter for approval if the Pyidaungsu Hluttaw is not in session.

13. “The President shall sign the laws passed and enacted by the Pyidaungsu Hluttaw after taking action according to the provisions of the Constitution. Such signed laws shall be promulgated in the official Gazette.”

14. The President shall not be responsible for answering to any Hluttaw or to any Court for the exercise or performance of the duties and functions vested in him by the Constitution or any of the existing laws or for any of his actions in the exercise and performance of these powers and functions. But the exemption should not concern the stipulations contained in the constitution in connection with the impeachment made against him.

Delegate group of nationalities, delegate group of peasants, delegates group of workers, delegate group of intellectuals and intelligentsia, delegates group of State service personnel and delegate group of other invited persons, and delegate group of political parties — Union Pa-O National League, Mro or Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party discussed that the detailed basic principles should be laid down in accord with the clarifications of the Work Committee Chairman.

I will now present the separate presentations of the delegate groups. The National Unity Party of the delegate group of political parties said that the Work Committee Chairman had explained that as the President is the Head of State, he will have to carry out daily the tasks including politics, administration, economy and security. As the economy is the most basic and important sector, the President may need an economic support group. Thus a President-led National Economic Council, with ministers as members should be formed.

Concerning the suggestion, I will explain that the formation of the National Defence and Security Council is for the President to establish or sever diplomatic relations with foreign nations with the approval of the Pyidaungsu Hluttaw, and take suitable military action in the face of aggression against the State in consultation with National Defence and Security Council. On the other hand the economic issues do not need immediate action. They are the matters that can be implemented through coordination within the Union government.

Both the 1947 Constitution and the 1974 Constitution did not include a stipulation stating the formation of the National Economic Council with the President at the helm. The constitutions of some nations do not form the body either. The President may form economic advisory boards as necessary. Thus, I will like to inform the party concerned that the formation of a National Economic Council is not necessary.

The NUP also said that the sub para (f) states, “If such an ordinance contains matters which the Pyidaungsu Hluttaw has no right to make decision according to the Constitution, the ordinance ceases to have effect”. But it seems that the matter, which the region Hluttaw or the state Hluttaw has no right to make decision, is not included in the para (f). The matter should be added to the detailed basic principle. Thus a detailed basic principle “If such an ordinance contains matters which the region Hluttaw or the state Hluttaw has no right to make decision according to the Constitution, the ordinance ceases to have effect” should be added to the original detailed basic principle.”

Concerning the suggestion, I would like to explain that the Ordinance is stipulated in the 1947 Constitution, the 1974 Constitution and constitutions of some nations for the head of state to have the right to issue an ordinance in times of emergency when the stability of State, community peace, and the rule of law are facing encroachment.

In the detailed basic principles of the executive Power of the Union government it is stated, “The Union Government shall uphold and maintain stability, peace, and the prevalence of law and order in the country”. The detail basic principles of the executive power of the region of state government say, “The region and state governments shall have the responsibility to assist the Union Government in its drive to ensure the stability of the State, community peace and tranquillity and the rule of law”.

As the sub para of the para 11 covers all the objectives of the ordinance, no addition is needed to it.

Representatives-elect of the political parties present the opinion of the own partiesU Tin Win of Kyaiklat Township constituency 2, U Thein Kyi of Taungdwingyi Township constituency 1, U Hla Soe of Minbu Township constituency 2, U Mya Hlaing of Twantay Township constituency 2, U Kyi Win of Mingaladon Township constituency 1 and U Tin Tun Maung of Mingaladon Township constituency 2 of the delegate group of representatives-elect said that sub para (c) and (d) of the para 3 state as follows:

(c) The President shall make rules for the transaction of the business of the Union Government, and for the allocation of the said business among the ministers of the Union Government or to the official responsible under a certain law, except matters conferred on him by this Constitution to act in his own discretion.

(d) Without prejudice to the generality of the foregoing provisions, the allocation of business by the President may be region-wise as well as subjectwise.

As the said two paras concern the functions of the President they should be included in the chapter “the Powers and Functions of the President”.

Concerning the matter, I would like to say that the definitions of the sub paras 1 and 2 and sub paras 3 and 4 of the para 2 will be more comprehensive and complete only if they are stated in the same para. If the sub para 3 and 4 are stated in the chapter “The Power and Functions of the President, their definition can also change. The two said paras are also stated under the Chapter “The Union Government” of the 1947 Constitution. Thus, it is not appropriate to state them under the chapter “Powers and functions of the Union Government”.

Hence, in accord with the suggestions of the delegates the following detailed basic principles concerning the heading “The Powers and Functions of the President” of the sector for sharing the executive and judicial powers are adopted:

1. The President shall be responsible to the Pyidaungsu Hluttaw. The Vice-Presidents shall be responsible to the President and also to the Pyidaungsu Hluttaw through the President.

1. President

2. Vice-President

3. Vice-President

4. Speaker of the Pyithu Hluttaw

5. Speaker of Amyotha Hluttaw

6. Commander-in-Chief of Defence Services

7. Deputy Commander-in-Chief of Defence Services

8. Minister for Defence

9. Minister for Foreign Affairs

10. Minister for Home Affairs

11. Minister for Border Affairs.

3. The President shall have

(a) the right of pardon

(b) the right of amnesty in accord with the recommendation of the National Defence and Security Council.

4. The President shall

(a) confer titles, honours and awards

(b) revoke titles, honours and awards.

6. The President of the Union , in accord with law,

(a) shall appoint and recall the diplomats of the country;

(b) shall agree on the appointment of foreign diplomats and send information on the recall

7. The President of the Union , in accord with law, shall appoint and dismiss heads of bodies of public services.

8. The President of the Union , in accord with law,

(a) shall enter into, ratify or annul international, regional or bilateral treaties, or withdraw from such treaties with the approval of the approval of the Pyidaungsu Hluttaw; and

(b) shall enter into, ratify or annul international, regional or bilateral treaties which do not require the approval of the Pyidaungsu Hluttaw, or withdraw from such treaties.

9. The President of the Union shall have the right to occasionally deliver an address or a message to the meeting of the Pyidaungsu Hluttaw, or to the meeting of the Pyithu Hluttaw or the Amyotha Hluttaw, or to the whole country on any matter regarding the policies and conditions of the State.

10. The President of the Union shall communicate with the Speaker of the Pyidaungsu Hluttaw to summon an emergency or special session of the Pyidaungsu Hluttaw if necessary.

11. (a) Except Union budget matters, the President shall have the right to issue an ordinance on administrative matters that need immediate action during intervals between sessions of the Pyidaungsu Hluttaw.

(d) The ordinance issued by the President will be in force with the approval of the Pyidaungsu Hluttaw till the required date.

(e) Even such an ordinance is revoked within 60 days after its promulgation, it shall be submitted to the nearest meeting of the Pyidaungsu Hluttaw.

(f) If such an ordinance contains matters which the Pyidaungsu Hluttaw has no right to make decision according to the Constitution, the ordinance ceases to have effect.

12. The President shall

(a) in coordination with the National Defence and Security Council, formed within the framework of the Constitution, take suitable military action in the face of aggression against the State;

(b) submit the action so taken to the Pyidaungsu Hluttaw for approval if it is in session or call an emergency meeting to present the matter for approval if the Pyidaungsu Hluttaw is not in session.

As it is the duty of the Union government to draft the bill on Union budget and present it to the Union Hluttaw for approval, no addition will be needed for the para 7 and the wording is already compact and complete

YANGON, 12 Dec—The following is the presentation of clarifications of National Convention Convening Work Committee Chairman on adoption of detailed basic principles on The Executive Powers of the Union Government and The Executive Power of Region or State government included in the sharing of executive and judicial powers for formulating State Constitution by Vice-Chairman of National Convention Convening Work Committee U Aye Maung at the plenary session held today at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

At the plenary session of the National Convention, held on 7 March 2005 the Work Committee Chairman explained the detailed basic principles concerning the executive power of the Union government of the sector for sharing the executive and judicial powers that should be laid down.

Delegate group of Nationalities, delegate group of peasants, delegates group of workers, delegates group of intellectuals and intelligentsia, delegates group of State service personnel and delegate group of other invited persons, and delegate group of political parties — Union Pa-O National Organization, Mro or Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party suggested that the following detailed basic principles should be laid down in the executive powers of the Union Government.

1. Subject to the provisions of the Constitution, the executive power of the Union extends to the matters with respect to which the Pyidaungsu Hluttaw has power to make laws.

2. Subject to the provisions of the Constitution, the executive authority of the Union, shall be vested in the President; but nothing in this section shall prevent the Pyidaungsu Hluttaw from conferring duties and functions upon any authoritative body, or any person in authority, or be deemed to transfer to the President of the State any functions vested in any authoritative body concerned, or any other person in authority concerned by existing laws.

3. (a) All executive actions the Union Government shall be expressed in the name of the President.

(b) Orders and instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President. In addition, the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it was not done by the President.

(d) Without prejudice to the generality of the foregoing provisions, the allocation of business by the President may be regionwise as well as subjectwise.

4. The Union Government uphold and maintain stability, peace, and the prevalence of law and order in the country.

5. The Union Government shall lay down its policies in accord with the stipulations contained in the Constitution. The Union Government shall draw necessary projects in accord with the policies and implement them with the approval of the Pyidaungsu Hluttaw.

6. Based on annual budgets of the Union , drawn after coordinating with the Financial Commission, the Union Government shall draft the bill on Union budget, and shall submit it to the Pyidaungsu Hluttaw in line with the stipulations contained in the Constitution for approval.

7. The Union Government shall have the right to use the funds within the allotment of the normal expenditure included in the latest-enacted Union budget law of the Pyidaungsu Hluttaw, if the Pyidaungsu Hluttaw cannot approve the Union Government-submitted bill before the end of fiscal year.

8. The Union Government shall submit the bill concerning the matters the Pyidaungsu Hluttaw can enact into law within the framework of the provisions of the Constitution, and shall submit it to the Pyidaungsu Hluttaw.

9. The ministries of the Union Government shall manage, guide, supervise and inspect their subordinate government departments and organizations to ensure that the said subordinate bodies are conducting their functions in accord with the stipulations of the Constitution and the existing laws.

10. The Union Government cooperates and coordinates with the region government, the state government, and the self-administered area leading body to enable them to effectively and successfully carry out their tasks.

11. The Union Government, save constitutional disputes and the disputes over the re-delineation of territorial boundary, shall —

(a) cooperate, coordinate and make decisions if necessary on disputes over administration between regions and states; among regions; among states; between regions or states and self-administered areas; and among self-administered areas; and

(b) cooperate, coordinate and solve the disputes over administration between regions or states and Union territories and between self-administered areas and Union territories; and make decisions if necessary.

12. The Union Government, in accordance with law, shall —

(a) constitute Union-related service organizations as necessary, and stipulate the duties and functions for such organizations; and

(b) appoint the required number of staff.

13. The Union Government shall —

(a) implement administrative resolutions passed occasionally by the Pyidaungsu Hluttaw, and submit the measures it has taken to the Pyidaungsu Hluttaw.

(b) submit the report on the entire affairs of the Union to the Pyidaungsu Hluttaw on an occasional basis.

I will now present the separate presentations of the delegate groups. The National Unity Party of the delegate group of political parties said, according to the para 7, the party proposes that the right is vested in the Union government to use the funds within the allotment of the normal expenditure if the Pyidaungsu Hluttaw cannot approve and issue the Union Government-submitted bill before the end of fiscal year.

Concerning the matter, I would like to explain that the stipulations contain in the para 7 mean that the Union government shall have the right to use the funds of the current expenditure to continuously run the administrative machinery, if the Union Hluttaw cannot pass the bill on the budget.

The para 6 has already stated the matter concerning the submission of the budget bill by the Union government. As it is the duty of the Union government to draft the bill on Union budget and present it to the Union Hluttaw for approval, no addition will be needed for the para 7 and the wording is already compact and complete.

The delegate group of intellectuals and intelligentsia suggested the setting up of a separate trust fund in the budget bill for emergency financial cases.

Concerning the matter, when the new constitution comes into force, the Union government after consulting with the Financial Commission will have the right to draw a separate fund in drafting the budget bill.

Mr Chairman,

Representatives-elect agreed to the detailed basic principles the Work Committee Chairman had explained.

Thus, in accord with the suggestions of the delegates, the following paras and sub paras are adopted as the detailed basic principles for the chapter “The executive powers of the Union Government ” of the sector for sharing the executive and judicial powers.

1. Subject to the provisions of the Constitution, the executive power of the Union extends to the matters with respect to which the Pyidaungsu Hluttaw has power to make laws.

3. (a) All executive actions of the Union Government shall be expressed in the name of the President.

(d) Without prejudice to the generality of the foregoing provisions, the allocation of business by the President may be regionwise as well as subjectwise.

4. The Union Government uphold and maintain stability, peace, and the prevalence of law and order in the country.

9. The ministries of the Union Government shall manage, guide and supervise their subordinate government departments and organizations to ensure that the said subordinate bodies are conducting their functions in accord with the stipulations of the Constitution and the existing laws.

11. The Union Government, save constitutional disputes and the disputes over the re-delineation of territorial boundary, shall —

12. The Union Government, in accordance with law, shall —

(a)constitute Union-related service organizations as necessary, and stipulate the duties and functions for such organizations; and

(b) appoint the required number of staff.

13. The Union Government shall —

(a) implement administrative resolutions passed occasionally by the Pyidaungsu Hluttaw, and submit the measures it has taken to the Pyidaungsu Hluttaw.

(b) submit the report on the entire affairs of the Union to the Pyidaungsu Hluttaw on an occasional basis.

The Work Committee Chairman explained the detailed basic principles for the executive power of region or state government at the plenary session of the Convention held on 7 March 2005.

Delegate group of nationalities, delegate group of peasants, delegate group of workers, delegate group of intellectuals and intelligentsia, delegate group of State service personnel and delegate group of other invited persons, and delegate group of political parties — Union Pa-O National Organization, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party suggested that the following detailed basic principles should be laid down in the executive power of the region or state government.

1. Subject to the provisions of this Constitution, the executive power of the region or state government extends to the matters with respect to which the region or state hluttaw has power to make laws. Moreover, in such manner, the executive power of the region or state government also extends to the matters with respect to which the region or state government has been allowed to carry out in accord with any of the Union laws.

2. The region and state governments shall have the responsibility to assist the Union Government in its drive to ensure the stability of the State, community peace and tranquillity and the rule of law.

3. Subject to the policies adopted by the Union Government and Union laws, the region or state governments shall implement the projects in connection with the task to be implemented in the respective regions or states with the approval of the Region or State Hluttaws.

4. Region or state governments shall submit to the respective Hluttaws of the regions and states the budget bill of the regions and states concerned based on the annual budget of the Union Government in accord with the provisions in the Constitution.

5. If the Region or State Hluttaw cannot pass the bill on the budget of the region or state submitted by the region or state government concerned, the said region or state government shall have the right to use the funds of the current expenditure included in the last-enacted budget law of the region or state hluttaw.

6. In accordance with the provisions of the Constitution, the region or state government shall have the right to submit to the Region or State Hluttaw the necessary Bill relevant to the matters embodied in the Region or State Legislative List.

7. The region or state government shall —

(a) manage, guide, supervise and inspect the performance of the region or state ministries and their subordinate government departments and organizations to ensure that they conduct their functions in accordance with the provisions of the Constitution, or with those of the existing laws.

(b) supervise, inspect, cooperate and coordinate in accordance with law the performance of the civil service organizations discharging duties in their respective regions or states.

8. To implement the tasks under its charge in accordance with the Union Law for State Civil Service, or through coordination in advance with the Union government, the region or state government shall —

(a) establish civil service organizations of the region or state as necessary;

(b) appoint the required number of civilian staff.

9. The region or state government shall —

(a) implement the resolutions occasionally passed by the Region or State Hluttaw concerned, and submit the report on the measures taken to the Region or State Hluttaw concerned.

(b) submit the report on the entire affairs of its area to the Union government and to the Region or State Hluttaw concerned.

10. The region or state government shall implement the tasks occasionally assigned by the Union government.

I will now present the separate suggestions of the delegate groups. The National Unity Party presented a suggestion, saying, the issuance of the budget bill in time is important for region and state governments. The para 5 concerning the rights of the region and state governments should be amended as follows to be in line with the party’s suggestion for the executive power of the Union government.

The region or state government shall strive to enact its budget bill before the end of the fiscal year. Only if for any reason the region or state Hluttaw cannot pass the bill, the region or state government shall have the right to use the funds of the current expenditure included in the last-enacted budget law of the region or state Hluttaw.

Concerning the matter, I would like to explain that the region or state government shall have the right to use the funds of the current expenditure to continuously run the administrative machinery, if the region or state Hluttaw cannot pass the bill on the budget.

The para 4 has already stated the matter concerning the submission of the budget bill by the region or state government. As it is the duty of the region or state government to draft the bill on Union budget and present it to the Region or State Hluttaw for approval, no addition will be needed for the para 5. The wording is already compact and complete.

Mr Chairman,

Delegates group of the nationalities presented a suggestion, saying, it is clearly stated in the financial sector that monetary assistance and loans will be provided to the regions and states as a special privilege. Thus, the regions and states should also provide extra funds to the Union budget if they enjoy surplus income. In 1992-93, Taninthayi Division contributed K 148.14 million to the State funds as its income during the fiscal year was K 361.37 million and expenditure K 213.33 million. In the future, Regions and States may enjoy more surplus income depending on their efforts. Thus, the Regions and States should contribute an appropriate amount of funds to the Union budget.

We would like to say that it is a fitting suggestion. The Regions and States may contribute their surplus income to the Union funds on own volition, and the Union may also provide more loans to them. The inclusion of the provision stating that the Union will provide financial aids and loans to the regions and states is to highlight the Union ’s taking of their financial responsibility.

Hence the nation will exercise the policy of contributing the surplus funds of the regions and states to the Union fund and providing loans to the Regions and States from the Union fund.

The representatives-elect of the political parties presented the opinions of their own parties.

The independent representative group has agreed to the detailed basic principles presented by the Work Committee.

In accord with the suggestions of the delegates the following detailed basic principles are adopted for executive power of the region or state government of the sector of the sharing of the executive and judicial power.