PROCEEDINGS OF THE NATIONAL CONVENTION

13 January 2006

From The New Light of Myanmar 14 January 2006

The Plenary Meeting of National Convention Continues

19 legislative functions of the Pyithu Hluttaw or the Amyotha Hluttaw are harmonious with each other, reasonable, and satisfactory, and are presented in accord with three noblest and worthiest of worldly values

YANGON, 13 Jan — The following is a translation of suggestions of Delegate Group of Workers submitted to the plenary session of the National Convention by U Min Myint Maung Lay of Mon State regarding the detailed basic principles for legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution on 6 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

I would like to discuss matters on the detailed basic principles for legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in the Chapter “Legislature” in formulating the State Constitution.

The National Convention has adopted a detailed basic principle that legislative powers of the State are vested in the Pyidaungsu Hluttaw, Region Hluttaw and State Hluttaw, and legislative power prescribed by the Constitution is vested in self-administered areas. One of the detailed basic principles for legislative formation says that the Pyidaungsu Hluttaw is made up of the Pyithu Hluttaw and the Amyotha Hluttaw. It has also adopted a detailed basic principle that the two Hluttaws are formed separately, but they have to deal with each other in carrying out legislative functions, the major task of Hluttaws.

According to the principles, the two Hluttaws will have to deal with each other in carrying out legislative functions, their major task, and their ways of carrying out legislative functions need to be as similar as possible. So, I would like to discuss the legislative functions of the two Hluttaws as a whole.

I noticed that at the plenary session of the National Convention held from 13 to 15 December this year, the National Convention Convening Work Committee Chairman held complete discussions on the detailed basic principles for the legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in the Chapter “Legislature” of the Constitution. The members of the panel of chairmen of the delegate group of workers made a clarification to the discussion of the Work Committee Chairman, which has helped us further understand them. Here, I would like to express my sincere thanks to the Work Committee Chairman and legal experts who showed their good volition in explaining these matters in the interests of the State and the people.

Conducting a thorough review of the explanation of the Work Committee Chairman about legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in the Chapter “Legislature” in formulating the State Constitution, we found out the following points that should be adopted into detailed basic principles.

He made a complete clarification to 19 points suitable to be adopted into detailed basic principles referring the provisions and sections or articles of the 1947 Constitution and the 1974 Constitution and many facts including the fixing of the date for the first regular session that makes the terms of the Pyithu Hluttaw and the Amyotha Hluttaw come into force; matters to convene first regular sessions of the Pyithu Hluttaw and the Amyotha Hluttaw to be held after the Constitution comes into force and first regular sessions to be held in the next terms; oaths to be taken by the members of the Pyithu Hluttaw and the Amyotha Hluttaw in the first regular session of the Hluttaw concerned; the convening of regular sessions of the Pyithu Hluttaw and the Amyotha Hluttaw; matters to be carried out in the sessions of the Pyithu Hluttaw and the Amyotha Hluttaw; the fixing of quorum necessary for validity of the sessions of the Pyithu Hluttaw and the Amyotha Hluttaw; making a decision through voting of members of the Hluttaw concerned to resolve a matter of the Pyithu Hluttaw and the Amyotha Hluttaw; action to be taken against the members who are absent from Hluttaw sessions; ensuring that the Pyithu Hluttaw and the Amyotha Hluttaw can go on carrying out their tasks even if there are some vacant seats for members in the Hluttaw concerned, and ensuring validity of decisions and activities of the Pyithu Hluttaw and the Amyotha Hluttaw even if it is discovered later that a person who was not entitled to do so sat or voted or took part in the proceedings; public information about activities and records of the Pyithu Hluttaw and the Amyotha Hluttaw; submission of bills to the Pyithu Hluttaw and the Amyotha Hluttaw; vesting power in the Pyithu Hluttaw and the Amyotha Hluttaw to revoke or amend bylaws, rules or regulations prescribed according to a law; submission and approving of bills at the Pyithu Hluttaw and the Amyotha Hluttaw; rights of the Hluttaw that receives the bill when a bill approved by the Pyithu Hluttaw is sent to the Amyotha Hluttaw and a bill approved by the Amyotha Hluttaw is sent to the Pyithu Hluttaw; the rights of members representing a Union level body formed under the Constitution to hold discussions at the sessions of the Pyithu Hluttaw or the Amyotha Hluttaw and at the meetings of Hluttaw committee, commission and joint committee of the two Hluttaw; duties and rights of the Pyithu Hluttaw Speaker; duties and rights of the Amyotha Hluttaw Speaker; rights of members of the Pyithu Hluttaw and the Amyotha Hluttaw; rights of a member or a person of a body formed under the Constitution to attend a Hluttaw session with permission or at the invitation; ways to attest a member of the Pyithu Hluttaw or the Amyotha Hluttaw or a member of a commission and body formed by a Hluttaw if need arises; and legal privileges on reports and documents published by or in the name of the Pyithu Hluttaw or the Amyotha Hluttaw.

These 19 legislative functions of the Pyithu Hluttaw or the Amyotha Hluttaw are harmonious with each other, reasonable, and satisfactory, and are presented in accord with three noblest and worthiest of worldly values such as justice, liberty and equality in the interests of the State and people. All members of the delegate group of workers agree to them unanimously. So, the following points should be adopted into detailed basic principles.

1. (a) The first regular session of the Pyithu Hluttaw shall be convened within 90 days after the general election commences

(b) (1) The term of the Amyotha Hluttaw commences on the date on which the term of the Pyithu Hluttaw commences

(2) The first regular session of the Amyotha Hluttaw shall be convened within seven days after the commencement of the term of that Hluttaw

2. (a) (1) The State Peace and Development Council shall convene the first regular session of the Pyithu Hluttaw after the Constitution has come into force

(2) The Speaker of the Pyithu Hluttaw who continues to perform his duties in accordance with provisions of this Constitution shall convene first regular sessions for the next terms of the Pyithu Hluttaw.

(b) (1) The State Peace and Development Council shall convene the first regular session of the Amyotha Hluttaw after the Constitution has come into force

(2) The Speaker of the Amyotha Hluttaw who continues to perform his duties in accordance with provisions of this Constitution shall convene first regular sessions for the next terms of the Amyotha Hluttaw.

3. (a) (1) Members of the Pyithu Hluttaw shall take oaths before the Chairman of the Pyithu Hluttaw at the first regular session of the Pyithu Hluttaw

(2) The members of the Pyithu Hluttaw, who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Pyithu Hluttaw they first attend

(b) (1) Members of the Amyotha Hluttaw shall take oaths before the Chairman of the Amyotha Hluttaw at the first regular session of the Amyotha Hluttaw

(2) The members of the Amyotha Hluttaw, who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Amyotha Hluttaw they first attend

4. (a) The Speaker of the Pyithu Hluttaw shall convene regular session of the Pyithu Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months

(b) The Speaker of the Amyotha Hluttaw shall convene regular session of the Amyotha Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months

5. (a) The following matters are carried out at the sessions of the Pyithu Hluttaw.

(1) Recording the address delivered by the President

(2) Reading out and recording the messages sent by the President and the messages permitted by the Speaker

(3) Submitting, discussing and making decision on a bill

(4) Discussing and deciding the matters the Pyithu Hluttaw shall implement in accord with the provisions of the Constitution

(5) Discussing, deciding and recording the reports presented to the Pyithu Hluttaw

(6) Submitting proposals, holding discussions and making decisions

(7) Raising questions and giving replies

(8) Implementing the matters permitted by the Speaker of Pyithu Hluttaw

(b) The following matters are carried out at the sessions of the Amyotha Hluttaw.

(1) Recording the address delivered by the President

(2) Reading out and recording the messages sent by the President and the messages permitted by the Speaker

(3) Submitting, discussing and making decision on a bill

(4) Discussing and deciding the matters the Amyotha Hluttaw shall implement in accord with the provisions of the Constitution

(5) Discussing, deciding and recording the reports presented to the Amyotha Hluttaw

(6) Submitting proposals, holding discussions and making decisions

(7) Raising questions and giving replies

(8) Implementing the matters permitted by the Speaker of Amyotha Hluttaw

6. (a) (1) The first day session of the Pyithu Hluttaw is valid if more than half the number of members who have the right to attend the Pyithu Hluttaw session, are present. If a session is not valid it shall be adjourned.

(2) The sessions that are adjourned under sub-para (1) due to invalidity and the valid sessions that are extended are valid if at least one-third of the Pyithu Hluttaw members are present.

(b) (1) The first day session of the Amyotha Hluttaw is valid if more than half the number of members who have the right to attend the Amyotha Hluttaw session, are present. If the session is not valid it shall be adjourned.

(2) The sessions that are adjourned under sub-para (1) due to invalidity and the valid sessions that are extended are valid if at least one-third of the Amyotha Hluttaw members are present.

7. (a) (1) Save as otherwise provided by this Constitution, a matter that should be decided through voting shall be determined by a majority of votes of the members present and voting.

(2) The Speaker of the Pyithu Hluttaw or the Deputy Speaker discharging duties as the Speaker at the Pyithu Hluttaw shall not vote in the first instance in the sessions of the Pyithu Hluttaw, but shall have and exercise a casting vote in the matters of an equality of votes.

(b) (1) Save as otherwise provided by this Constitution, a matter that should be decided through voting shall be determined by a majority of votes of the members present and voting.

(2) The Speaker of the Amyotha Hluttaw or the Deputy Speaker discharging duties as the Speaker at the Amyotha Hluttaw sessions shall not vote in the first instance in the sessions of the Amyotha Hluttaw, but shall have and exercise a casting vote in the matters of an equality of votes.

8. (a) (1) The Pyithu Hluttaw may declare the seat of a member vacant in accord with the rules prescribed if he is absent, without asking the Pyithu Hluttaw for leave, from a session for 15 days successively. Provided that in computing the said period of 15 days no account shall be taken of any period during which the session is prorogued or is adjourned.

(2) The Pyithu Hluttaw shall take action against a member in accord with the rules prescribed if the Speaker of the Pyidaungsu Hluttaw informed the Pyithu Hluttaw that member is absent from the Pyidaungsu Hluttaw session for a period of 15 consecutive days without permission of the Pyidaungsu Hluttaw.

(b) (1) The Amyotha Hluttaw may declare the seat of a member vacant in accord with the rules prescribed if he is absent, without asking the Pyithu Hluttaw for leave, from a session for 15 days successively. Provided that in computing the said period of 15 days no account shall be taken of any period during which the session is prorogued or is adjourned.

(2) The Amyotha Hluttaw shall take action against a member in accord with the rules prescribed if the Speaker of the Pyidaungsu Hluttaw informed the Amyotha Hluttaw that member is absent from the Pyidaungsu Hluttaw session for a period of 15 consecutive days without permission of the Pyidaungsu Hluttaw.

9. (a) Even if there are vacant seats, the Pyithu Hluttaw shall have the right to carry out its tasks. Moreover, the session shall not be annulled, if the acts of some person who was not entitled to do so, sat or voted or took part in the proceedings are discovered later.

(b) Even if there are vacant seats, the Amyotha Hluttaw shall have the right to carry out its tasks. Moreover, the session shall not be annulled, if the acts of some person who was not entitled to do so, sat or voted or took part in the proceedings are discovered later.

10. (a) The functions and records of Pyithu Hluttaw shall be published for public information. But the functions and records restricted by a law or decisions of the Pyithu Hluttaw shall not be published.

(b) The functions and records of Amyotha Hluttaw shall be published for public information. But the functions and records restricted by a law or decisions of the Amyotha Hluttaw shall not be published.

The bills approved by the Amyotha Hluttaw shall be forwarded to the Pyithu Hluttaw for holding discussions and making a decision

YANGON, 13 Jan — The following is a translation of suggestions of Delegate Group of Workers submitted to the plenary session of the National Convention by Poe Rei Aung Thein of Kayah State regarding the detailed basic principles for legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution on 6 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

I would like to read out the remaining points that should be adopted for legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw.

11. (a) Of the matters included in the Union Legislative List, except the matters prescribed in this Constitution which shall be initiated exclusively in the Pyidaungsu Hluttaw, the remaining matters shall be initiated in the Pyithu Hluttaw according to the prescribed provisions

(b) Of the matters included in the Union Legislative List, except the matters prescribed in this Constitution which shall be initiated exclusively in the Pyidaungsu Hluttaw, the remaining matters shall be initiated in the Amyotha Hluttaw according to the prescribed provisions

12. (a) (1) After issuing a bylaw, rule or regulation in line with the law enacted by the Pyidaungsu Hluttaw, the organ concerned shall distribute the bylaw, rule or regulation to the Pyithu Hluttaw members at the nearest regular session of Pyithu Hluttaw under the arrangements permitted by the Speaker of the Pyithu Hluttaw.

(2) If it is found that a bylaw, rule or regulation is not in conformity with the provisions of the law concerned, Hluttaw members can submit a proposal to annul or amend the bylaw, rule or regulation to the Pyithu Hluttaw within 90 days from the date that bylaw, rule or regulation is circulated.

(3) If the Pyithu Hluttaw and the Amyotha Hluttaw do not reach a consensus in making a decision to annul or amend a bylaw, rule or regulation, it shall be presented to the Pyidaungsu Hluttaw.

(b) (1) After issuing a bylaw, rule or regulation in line with the law enacted by the Pyidaungsu Hluttaw, the organ concerned shall distribute the bylaw, rule or regulation to the Amyotha Hluttaw members at the nearest regular session of Amyotha Hluttaw under the arrangements permitted by the Speaker of the Amyotha Hluttaw.

(2) If it is found that a bylaw, rule or regulation is not in conformity with the provisions of the law concerned, Hluttaw members can submit a proposal to annul or amend the bylaw, rule or regulation to the Amyotha Hluttaw within 90 days from the date that bylaw, rule or regulation is circulated.

(3) If the Amyotha Hluttaw and the Pyithu Hluttaw do not reach a consensus in making a decision to annul or amend a bylaw, rule or regulation, it shall be presented to the Pyidaungsu Hluttaw.

13. (a) (1) If the Pyidaungsu Hluttaw sends the bills submitted by a Union level organization formed under the Constitution to the Pyithu Hluttaw in accordance with prescribed provisions, they shall be presumed that the bills are initiated in the Pyithu Hluttaw and shall be discussed and passed resolution in the Pyithu Hluttaw.

(2) Of the matters stated in the Union Legislative List, except the matters prescribed in the Constitution for which bills shall be submitted to the Pyidaungsu Hluttaw to make a decision, members of the Pyithu Hluttaw have the right to initiate the bills related to the remaining matters in the Pyithu Hluttaw. Such bills shall be under discussion at the Pyithu Hluttaw in line with the prescribed provisions.

(3) The bills approved by the Pyithu Hluttaw shall be forwarded to the Amyotha Hluttaw for holding discussions and making a decision.

(b) (1) If the Pyidaungsu Hluttaw sends the bills submitted by a Union level organization formed under the Constitution to the Amyotha Hluttaw in accordance with prescribed provisions, they shall be presumed that the bills are initiated in the Amyotha Hluttaw and shall be discussed and passed resolution in the Amyotha Hluttaw.

(2) Of the matters stated in the Union Legislative List, except the matters prescribed in the Constitution for which bills shall be submitted to the Pyidaungsu Hluttaw to make a decision, members of the Amyotha Hluttaw have the right to initiate the bills related to the remaining matters in the Amyotha Hluttaw. Such bills shall be under discussion at the Amyotha Hluttaw in line with the prescribed provisions.

(3) The bills approved by the Amyotha Hluttaw shall be forwarded to the Pyithu Hluttaw for holding discussions and making a decision.

14. (a) (1) After receiving a bill sent by the Amyotha Hluttaw, the Pyithu Hluttaw can make a decision that it agrees or disagrees, or agrees with amendments. The Pyithu Hluttaw shall return the bill together with its decision to the Amyotha Hluttaw.

(2) When the Amyotha Hluttaw returns the bill, sent by the Pyithu Hluttaw to the Amyotha Hluttaw, with amendments, the Pyithu Hluttaw shall forward the bill to the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the Amyotha Hluttaw.

(3) The Pyithu Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it disagrees with the Amyotha Hluttaw in dealing with the bill sent by the Pyithu Hluttaw to the Amyotha Hluttaw.

(b) (1) After receiving a bill sent by the Pyithu Hluttaw, the Amyotha Hluttaw can make a decision that it agrees or disagrees, or agrees with amendments. The Amyotha Hluttaw shall return the bill together with its decision to the Pyithu Hluttaw.

(2) When the Pyithu Hluttaw returns the bill, sent by the Amyotha Hluttaw to the Pyithu Hluttaw, with amendments, the Amyotha Hluttaw shall forward the bill to the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the Pyithu Hluttaw.

(3) The Amyotha Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it disagrees with the Pyithu Hluttaw in dealing with the bill sent by the Pyithu Hluttaw to the Amyotha Hluttaw.

15. (a) Members of a Union level body formed under the Constitution shall have the right—

(1) to explain and discuss the bills and other matters of their bodies while attending a session of the Pyithu Hluttaw with the permission of the Speaker of the Pyithu Hluttaw

(2) to explain and discuss the bills and other matters of their bodies while attending sessions of the committee, commission and bodies of the Pyithu Hluttaw with the permission of the heads of these committee, commission and bodies

(b) Members of a Union level body formed under the Constitution shall have the right—

(1) to explain and discuss the bills and other matters of their bodies while attending a session of the Amyotha Hluttaw with the permission of the Speaker of the Amyotha Hluttaw

(2) to explain and discuss the bills and other matters of their bodies while attending sessions of the committee, commission and bodies of the Amyotha Hluttaw with the permission of the heads of these committee, commission and bodies

16. (a) The Speaker of the Pyithu Hluttaw shall have the right—

(1) to supervise sessions of the Pyithu Hluttaw

(2) to invite the President of the Union if he informs his desire to deliver a speech at a session of the Pyithu Hluttaw

(3) to invite members or persons representing a Union level body formed under the Constitution to a session of the Pyithu Hluttaw if necessary for a matter under way at a session of the Pyithu Hluttaw

(4) to discharge other duties and functions prescribed under the Constitution or a law

(b) The Speaker of the Amyotha Hluttaw shall have the right—

(1) to supervise sessions of the Amyotha Hluttaw

(2) to invite the President of the Union if he informs he wishes to deliver a speech at a session of the Amyotha Hluttaw

(3) to invite members or persons representing a Union level body formed under the Constitution to a session of the Amyotha Hluttaw if necessary for a matter under way at a session of the Amyotha Hluttaw

(4) to discharge other duties and functions prescribed under Constitution or a law

17. (a) (1) Members of the Pyithu Hluttaw shall have the freedom of speech and vote in the Pyithu Hluttaw and the committee of the Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Pyithu Hluttaw.

(2) Members or persons representing a Union level body formed under the Constitution who are permitted to attend or invited to a session of the Pyithu Hluttaw or a committee of the Pyithu Hluttaw shall have the freedom of speech in the Pyithu Hluttaw or the committees of the Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Pyithu Hluttaw.

(3) Action shall be taken against those members stated in sub-paras (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.

(b) (1) Members of the Amyotha Hluttaw shall have the freedom of speech and vote in the Amyotha Hluttaw and the committee of the Amyotha Hluttaw, subject to the provisions of the Constitution and the Amyotha Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Amyotha Hluttaw.

(2) Members or persons representing a Union level body formed under the Constitution who are permitted to attend or invited to a session of the Amyotha Hluttaw or a committee of the Amyotha Hluttaw shall have the freedom of speech in the Amyotha Hluttaw or the committees of the Amyotha Hluttaw, subject to the provisions of the Constitution and the Amyotha Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Amyotha Hluttaw.

(3) Action shall be taken against those members stated in sub-paragraphs (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.

18. (a) (1) If there arises a need to arrest a Pyithu Hluttaw member attending a Pyithu Hluttaw session or a person attending the Pyithu Hluttaw session with the permission or at the invitation of the Pyithu Hluttaw Speaker, the reliable evidence shall be submitted to the Pyithu Hluttaw Speaker. He shall not be arrested without prior permission of the Pyithu Hluttaw Speaker.

(2) If there arises a need to arrest a member of a committee or commission or organization formed by the Pyithu Hluttaw attending a session of the committee or commission or organization, the reliable evidence shall be submitted to the Pyithu Hluttaw Speaker through the head of the committee or commission or organization concerned. He shall not be arrested without prior permission of the Pyithu Hluttaw Speaker.

(3) If there arises a need to arrest a member of Pyithu Hluttaw or committee, commission or organization when the Pyithu Hluttaw or the committee or the commission or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Pyithu Hluttaw Speaker.

(b) (1) If there arises a need to arrest a Amyotha Hluttaw member attending a Amyotha Hluttaw session or a person attending the Amyotha Hluttaw session with the permission or at the invitation of the Amyotha Hluttaw Speaker, the reliable evidence shall be submitted to the Amyotha Hluttaw Speaker. He shall not be arrested without prior permission of the Amyotha Hluttaw Speaker.

(2) If there arises a need to arrest a member of a committee or commission or organization formed by the Amyotha Hluttaw attending a session of the committee or commission or organization, the reliable evidence shall be submitted to the Amyotha Hluttaw Speaker thorough the head of the committee or commission or organization concerned. He shall not be arrested without prior permission of the Amyotha Hluttaw Speaker.

(3) If there arises a need to arrest a member of Amyotha Hluttaw or committee, commission or organization when the Amyotha Hluttaw or the committee or the commission or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Amyotha Hluttaw Speaker.

19. (a) The reports, publications and records published by the Pyithu Hluttaw or under its authority shall be privileged.

(b) The reports, publications and records published by the Amyotha Hluttaw or under its authority shall be privileged.

Members of the delegate group of workers have discussed the detailed basic principles that should be adopted regarding the legislative functions of the Region or State Hluttaw

YANGON, 13 Jan— The following is a translation of suggestions of Delegate Group of Workers submitted to the plenary session of the National Convention by U Tha Aye of Rakhine State regarding the detailed basic principles for legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution on 6 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

I would like to present the paper of the delegate group of workers regarding the detailed basic principles for legislative functions of the Region or State Hluttaw in formulating the State Constitution.

At the plenary session of the National Convention held from 13 to 15 December this year, the National Convention Convening Work Committee Chairman held discussions on the detailed basic principles for the legislative functions of the Region or State Hluttaw to be included in the Chapter “Legislature” of the Constitution. And the panel of chairmen made a further clarification to the discussions of the Work Committee Chairman on 16 December this year.

Every member of the delegate group of workers took time to study a copy each of the booklet featuring the clarification of the Work Committee Chairman distributed to National Convention delegates.

Then, we witnessed that the National Convention Convening Work Committee made a satisfactory explanation providing a complete reference to constitutions of many other nations apart from the 1947 Constitution and the 1974 Constitution.

We found that the Work Committee Chairman’s presentation is in conformity with and the most appropriate for the prevailing situations of our nation and the people.

So, we the delegate group of workers would like to suggest that the following points presented by the Work Committee Chairman should be adopted into detailed basic principles.

1. (a) The day the term of Region or State Hluttaw comes into force is that of the Pyithu Hluttaw

(b) The first regular session of Region or State Hluttaw shall be convened within 15 days after the commencement of the term of the Hluttaw

2. (a) The State Peace and Development Council shall convene the first regular session of Region or State Hluttaws after the Constitution has come into force

(b) The Speaker of Region or State Hluttaw who continues to perform his duties in accordance with the provisions of the Constitution shall convene the first regular session for the next terms of Region or State Hluttaw

3. (a) Members of Region or State Hluttaws shall take oaths before the chairman of Region or State Hluttaw at the first regular session of Region or State Hluttaw.

(b) Members of Region or State Hluttaw who have not taken oaths, shall take oath before the Speaker of the Hluttaw at the session of the Region or State Hluttaw they first attend

4. The Speaker of the Region or State Hluttaw shall convene the regular session of the Region or State Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months.

5. The following matters are carried out at the session of the Region or State Hluttaw.

(a) Recording the address delivered by the Union President

(b) Reading out and recording messages sent by the President and other messages permitted by the Speaker

(d) Submitting, discussing and making decision on a bill

(e) Discussing and deciding the matters the Region or State Hluttaw shall implement in accordance with provisions of the Constitution and the existing laws

(f) Discussing, deciding and recording the reports presented to the Region or State Hluttaw

(g) Submitting proposals, holding discussions and making decisions

(h) Raising questions and giving replies

(i) Implementing matters permitted by Speaker of Region or State Hluttaw

6. (a) Speaker of respective Region or State Hluttaw can convene special session or emergency session of Region or State Hluttaws if necessary.

(b) Speaker of respective Region or State Hluttaw shall convene a special or emergency session of region or state as soon as possible when the Region or State Chief Minister informs to do so

(c) Speaker of respective Region or State Hluttaw shall convene a special session of region or state as soon as possible if at least one-fourth of the Region or State Hluttaw members ask to convene it

7. (a) The first day session of the Region or State Hluttaw is valid if more than half the number of members who have the right to attend the session of the Region or State Hluttaw, are present. The session if invalid shall be adjourned.

(b) The sessions that are adjourned due to invalidity in accordance with the sub-para (a) as well as the valid sessions that are extended are valid if at least one-third of the Hluttaw members, who have the right to attend a session of Region or State Hluttaw are present

8. (a) Save as otherwise provided by this Constitution, a matter that should be decided through voting in the Region or State Hluttaw shall be determined by a majority of votes of the members present and voting

(b) The Speaker of the Region or State Hluttaw or the Deputy Speaker discharging duties as the Speaker shall not vote in the first instance in the sessions of the Region or State Hluttaws, but shall have and exercise a casting vote in the matters of an equality of votes

9. If for a period of 15 consecutive days a member of Region or State Hluttaw is, without permission of the Hluttaw, absent from a session of Region or State Hluttaw, the Region or State Hluttaw can declare the seat of the Region or State Hluttaw member vacant in accordance with prescribed provisions. In computing the said period of 15 days, no account shall be taken of any period during which the session is prorogued, or is adjourned.

10. Although there are vacant seats, the Region or State Hluttaw shall have the right to carry out its tasks. Moreover, the session shall not be annulled, if the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are discovered later.

11. The functions and records of the Region or State Hluttaw shall be published for public information. But, the functions and records restricted by a law or decisions of the Region or State Hluttaw shall not be published.

12. Region or State Hluttaw has the power to make laws for the whole or any part of the Region or State concerning matters stated in the Region or State Legislative List
13. (a) When the Region or State Hluttaw enacts a law, it may —

(1) entrust the right to issue bylaws, rules and regulations concerning the law to a region or state level organization formed under the Constitution

(2) authorize the organization or authority to issue notifications, orders, directives and procedures concerning the law

(b) The bylaws, rules, regulations, notifications, orders, directives and procedures issued with the right vested by a law shall be consonant with the stipulations contained in the Constitution and the law concerned.

(c) after issuing a bylaw, rules or regulations under the law enacted by Region or State Hluttaw, the organization concerned shall circulate the bylaw, rules or regulations to Hluttaw members during the nearest regular session of the Region or State Hluttaw with the arrangement permitted by the Hluttaw Speaker.

(d) If the bylaw, rules or regulations are found to be not consonant with the provisions of the law concerned, Region or State Hluttaw members can submit a proposal to annul or amend the by law, rules or regulations to Region or State Hluttaw within 90 days from the date they are circulated.

(e) If a decision is made by Region or State Hluttaw to annul or amend a bylaw, rules or regulations, the decision shall not affect however without prejudice to the validity of any action previously taken under the bylaw, rules or regulations.

14. (a) Matters that requires decision, assent and approval of Region or State Hluttaw shall be implemented as follows.

(1) If the Region or State Hluttaw is in session, the matter shall be decided at that session.

(2) If the Region or State Hluttaw is not in session, the discussions and decisions on the matter shall be made at the nearest Region or State Hluttaw session

(3) A special session or an emergency session shall be convened to discuss and decide the matters which need prompt action for public interest.

15. (a) Of the matters included in the Region or State Legislative List, the Region or State level organizations formed under the Constitution, can submit bills on matters under their management to the Region or State Hluttaw in accordance with the prescribed provisions.

(b) Bills on region or state plans, annual budgets and taxation which are to be submitted exclusively by the Region or State Government shall be submitted to the Region or State Hluttaw in accordance with the prescribed provisions.

16. Of the matters included in the Region or State Legislative List, except those prescribed under the Constitution to be submitted exclusively by the Region or State Government, the Region or State Hluttaw members can submit bills on other matters in accordance with the prescribed provisions.

17. Region or State Hluttaw shall make a decision when Region or State Government submits region or state budget in accordance with the prescribed provisions.

18. (a) The Region or State Chief Minister shall

(1) sign the bill approved by the Region or State Hluttaw and promulgate it as a law, within seven days after receiving it.

(2) sign the bill approved by the Self-Administered Region leading body and promulgate it as a law, within 14 days after receiving it.

(b) Although the Region or State Chief Minister does not sign the bill and promulgate it as a law with the fixed time, the bill shall come into force in like manner as if he had signed it on the last date of the fixed time.

(c) The bills signed by the Region or State Chief Minister and bills which have come into force in like manner as if they were signed by him, shall be promulgated in the Union Gazette. The laws shall come into force on the date of such promulgation unless the contrary intention are expressed.

19. (a) Of the members of a region or state level organization formed under the Constitution, members of Region or State Hluttaw shall have the right of discussing and voting concerning bills or matters related to their organizations in the Hluttaw sessions

(b) Of the members of a region or state level organization formed under the Constitution, those members who are not Region or State Hluttaw members while attending the session with the permission of Hluttaw Speaker shall have the right of discussing concerning bills or matters related to their organizations

20. The Speaker of Region or State Hluttaw shall—

(a) supervise Region or State Hluttaw sessions

(b) invite the Union President if he informs him of his desire to address the Region or State Hluttaw session

(d) have the right, if necessary, to invite members or persons of region or state level organization formed under the Constitution to the Region or State Hluttaw session to make clarification as regards matters under discussion

(e) perform other duties and responsibilities entrusted by the Constitution or a law

21. (a) Subject to the provisions stated in the Constitution and provisions stipulated in the Region or State Hluttaw Law, members of Region or State Hluttaw have freedom of speech and voting at the Region or State Hluttaw as well as at Region or State Hluttaw committee and organization. Concerning the discussions and functions , a Region or State Hluttaw member shall be privileged except under the Region or State Hluttaw Law.

(b) Subject to the provisions stated in the Constitution and provisions stipulated in the Region or State Hluttaw Law, members or persons who are permitted or invited to attend Region or State Hluttaw session have freedom of speech at the Region or State Hluttaw or Region or State Hluttaw committee and organizations. Concerning such discussions, they shall be privileged except under the Region or State Hluttaw Law.

(c) Action shall be taken against those members stated in sub-para (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges
22. (a) If there arises a need to arrest a Region or State Hluttaw member attending a Region or State Hluttaw session or a person attending the Hluttaw session with the permission or at the invitation of the Hluttaw Speaker, the reliable evidence shall be submitted to the Hluttaw Speaker. He shall not be arrested without prior permission of the Hluttaw Speaker.

(b) If there arises a need to arrest a member of a committee or an organization formed by the Region or State Hluttaw attending a session of the committee or organization, the reliable evidence shall be submitted to the Hluttaw Speaker through the head of the committee or organization concerned. He shall not be arrested without prior permission of the Hluttaw Speaker.

(c) If there arises a need to arrest a member of Region or State Hluttaw or committee or organization formed by the Hluttaw while the Hluttaw or the committee or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Region or State Hluttaw Speaker.

23. The reports, documents and records published by the Region or State Hluttaw or under its authority shall be privileged.

We members of the delegate group of workers have discussed the detailed basic principles that should be adopted regarding the legislative functions of the Region or State Hluttaw.

Now, the detailed basic principles for formation and power distribution on three branches of sovereignty namely legislature, executive and judiciary has been adopted. We the delegate group of workers have made suggestions about the detailed basic principles for legislative functions of Hluttaws and relations between the Hluttaws and we conclude our paper here.

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006%20Jan%2013.htm