PROCEEDINGS OF THE NATIONAL CONVENTION

16 January 2006

From The New Light of Myanmar 17 January 2006



The Plenary Meeting of National Convention Continues

State service personnel getting in touch with the people, see that all the detailed basic principles are in conformity with the nation’s objective conditions

YANGON, 16 Jan — The following is a translation of suggestions of Delegate Group of State Service Personnel submitted to the plenary session of the National Convention by U Thein Lwin of the Ministry of Finance and Revenue 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 9 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

Members of the group took time to thoroughly study the clarification made by Work Committee Chairman concerning the matter. We of the delegate group find the detailed basic principles suitable for the objective conditions of the nation.

The Work Committee Chairman’s clarification includes the tenure of the hluttaws, the first session of the hluttaws, the taking of the oath of the members, the number of hluttaw meetings in a year, the functions of the hluttaws, the validity of the meetings, the making of approvals, leave, vacancies, the publication of the records, distribution of the legislative power, releasing of the laws, bylaws and rules and regulations, the submission and approval of bills, the powers and functions of the Speaker, and the publications.

As the following 23 points explained by the Work Committee Chairman are comprehensive, they should be adopted as detailed basic principles for the Constitution.

1. (a) The day the tenure of region or state Hluttaws comes into force is that of the Pyithu Hluttaw

(b) The first regular meeting of region and state Hluttaws shall begin in 15 days after the commencement of the tenure of the Hluttaws

2 (a) The State Peace and Development Council shall call the first regular meeting of region or state Hluttaws after the State Constitution has gone into force

(b) The Speaker of region or state Hluttaws shall call the first regular session for the next tenures of region or state Hluttaw in accordance with the provisions of the State Constitution

3. (a) Representatives of region or state Hluttaws shall take oaths in front of the Speaker of region or state Hluttaws at the first regular meeting of region or state Hluttaws.

(b) Representatives of region or state Hluttaws who failed to attend the first regular meeting for various reasons shall take oaths at the meeting they attend for the first time before the meeting chairman.

4. “The Speaker of the region or state Hluttaw shall call 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. (a) Recording the speeches delivered by the State president

(b) Reading and recording messages sent by the State president and other messages sent under the permission of the chairman.

(c) Recording the speeches delivered by region or state prime minister

(d) Submission, discussing and approval of draft of law

(e) Dealing with or judgment on matters region or state Hluttaws shall carry out in line with provisions of the constitution and an existing law

(f) Discussion, judgment and recording the reports to be submitted to region or state Hluttaws

(g) Submission, discussion and judgment of proposals

(h) Raising queries and replying them

(i) Carrying out matters permitted by chairmen of region or state Hluttaws

6. (a) Speakers of respective region or state Hluttaws shall have the right to call a special or emergency meeting of region or state Hluttaws

(b) Speakers of respective region or state Hluttaws shall call a special or emergency meeting of region or state as soon as possible in the directive of the Prime Minister for region or state

(c) Speakers of respective region or state Hluttaws shall call a special meeting of region or state as soon as possible if at least one-fourths of the members of region or state Hluttaws call for a meeting of region or state Hluttaw

7. (a) The first day meeting of the region or state Hluttaws shall be considered to be valid if more than half the number of members who have the right to attend the sessions of the region or state Hluttaws , are present. If the meeting is not valid it shall be postponed

(b) The postponed meetings and the valid meetings, that are extended, shall be considered to be valid if at least one-thirds of the members, who have the right to attend a meeting of region or state Hluttaws, are present

8. (a) Save as otherwise provided by this Constitution, a matter that should be decided through voting in the region or state Hluttaws 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 or the Deputy 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. The region or state Hluttaw may declare the seat of the region or state Hluttaw member vacant in accord with the rules prescribed if he is absent, without asking the region or state Hluttaw for leave, from a session of the region or state Hluttaw for at least 15 days successively. In computing the absent 15 days from a session of the region or state Hluttaw, the postponed period of the session shall not be included

10. A region or state Hluttaw shall have the power to act despite some vacancies in the membership. Any functions in the Hluttaw shall be valid notwithstanding that it is exposed subsequently that an unentitled person attended a session, voted, or took part in the functions

11. The activities and records of the region and state Hluttaws shall be released for the knowledge of the people. However, the activities and records that shall be restricted under an act or the order of the region and state Hluttaws shall not be released

12. Region and state Hluttaws have the right to make laws that cover entire or part of the region or state in the matters stated in the Region or State Legislative List

13. (a) (1) to invest a region or state level body formed under the Constitution with the power to release bylaws, rules and regulations derived from that law

(2) to invest a the body concerned or an authorized body with the power to release notifications, orders, directives and producers derived from that law

(b) bylaws, rules, regulations, notifications, orders, directives and producers enacted under the power entrusted by a law shall be in conformity with the provisions of the Constitution and respective laws

(c) after releasing a bylaw, rule or regulation enacted under the law promulgated by region or state Hluttaw, the body concerned shall, under the permission of the Speaker, submit the bylaw, rule or regulation to members at the nearest session of region or state Hluttaw

(d) if it is found out that a bylaw, rule or regulation is not in conformity with the provisions of the law concerned, Hluttaw members shall have the right to submit a proposal to region or state Hluttaw within 90 days from the date the bylaw, rule or regulation is released so as to abolish the bylaw, rule or regulation

(e) if region or state Hluttaw decides to nullify or amend a bylaw, rule or regulation, it shall not harm the matters carried out before abrogation of the bylaw, rule or regulation

14. (a) matters that calls for decisions and approval of region or state Hluttaw shall be:

(1) at the ongoing session if region or state Hluttaw is in session

(2) at the nearest session if region or state Hluttaw is not in session

(3) at a special or emergency meeting in the interests of the people if they need to be tackled urgently

15. (a) Region and state level bodies formed under the Constitution shall, of the matters stated in the Region and State Legislative List, have the right to submit bills on matters solely administered by region or state government, to region or state Hluttaw in accord with the procedures prescribed

(b) Regional plans, annual budget and taxation matters that region and state government shall have the right to solely submit, shall be presented to region or state Hluttaw in accord with the procedures prescribed

16. Region and state Hluttaws shall make a decision if region and state governments submit budget of region or state in accord with the procedures prescribed Region or state Hluttaws shall make a decision if region or state governments submit budget of region or state in accord with the procedures prescribed

17. Region or state Hluttaws shall make a decision if region or state governments submit budget of region or state in accord with the procedures prescribed

18. (a) region or state chief minister shall-

(1) sign and declare the bills approved by region or state Hluttaw, as a law within seven days from the date of reception.

(2) the bills approved by self-administered divisions or self-administered regions shall be declared as a law within 14 days from the date of reception.

(b) even though chief minister fails to ratify the bills in a fixed period, the bills shall be a law on the date after the expiary of the period as if prime minister ratified the bills

(c) The laws ratified by region or state prime minister and the laws that are to be assumed as if ratified by region or state prime minister shall be declared in the State Gazette. This law is attached with no separate statements, it shall be come into force commencing from the date of declaration

19 (a) among the members representing a region or state level body formed under the Constitution, members of region or state Hluttaw shall have the right to hold discussions and vote to resolve the bills or matters related to their bodies at the Hluttaw sessions

(b) among the members representing a region or state level body formed under the Constitution, members of bodies who are not Hluttaw members shall have the right to hold discussions to resolve the bills or matters related to their bodies at the Hluttaw sessions under the permission of the Hluttaw Speaker

20. The Speaker of region or state Hluttaw shall—

(a) supervise sessions of region or state Hluttaw

(b) invite the President of the State if he informs he wishes to deliver a speech at a session of region or state Hluttaw

(c) make arrangements if the region or state prime minister informs he wishes to deliver a speech

(d) have the right, if necessary, to invite a member or a person representing a region or state level body to a session of the region or state Hluttaw to make clarification at the region or state Hluttaw

(e) resolve duties and powers entrusted under the

21. (a) subject to the provisions of the Constitution and region and state Hluttaw Act, members of region and state Hluttaws shall have the freedom of speech and vote at region and state Hluttaw, and at the committee and body formed by themselves. Action shall be taken against a member under region or state Hluttaw Act not under other laws if action is necessary regarding discussions and activities at region or state Hluttaw, and Hluttaw committees and bodies

(b) subject to the provisions of the Constitution and region and state Hluttaw Act, members or persons representing region or state level body formed under the Constitution who are permitted or invited to a session of region or state Hluttaw shall have the freedom of speech at region and state Hluttaw and at the committees formed by region and state Hluttaw. Action shall be taken against members or persons of region or state Hluttaw and the committees and the committees and bodies formed by region or state Hluttaw under region or state Hluttaw Act not under other laws if action is necessary regarding discussions and activities at region or state Hluttaw and at the committees and bodies formed by region or state Hluttaw

(c) action shall be taken against members and persons stated in the paragraphs (a) and (b) in accord with the laws if they commit physical attack in enjoying such a privilege

22. (a) reliable evidences shall be submitted to the Speaker of region or state Hluttaw if action is necessary to arrest a member of region or state Hluttaw attending a session of region or state Hluttaw or a person attending that meeting under the permission or invitation of the Hluttaw Speaker. No such arrest shall be made without a prior approval of the region or state Hluttaw Speaker.

(b) reliable evidences shall be submitted to the Speaker of the Hluttaw concerned through the committee or the head of the committee if action is necessary to arrest a member of the committee or body attending a session of the committee or body formed by region or state Hluttaw. No such arrest shall be made without a prior approval of the Hluttaw Speaker.

(c) reliable evidences in support thereof shall be submitted to the Speaker of region or state Hluttaw as soon as possible if a member of region or state Hluttaw is arrested while region or state Hluttaw, or committee and body formed by region or state Hluttaw are not in session

23. No person shall be liable to in respect of reports, publications and Hluttaw records published and distributed by or under the permission of region or state Hluttaw.

As State service personnel are always getting in touch with the people, we see that all the detailed basic principles are in conformity with the nation’s objective conditions. Thus, they are appropriate for the future nation.



The 28 detailed basic principles for legislative functions explained by the Work Committee Chairman are based on liberty, justice and equality for the people

YANGON, 16 Jan — The following is a translation of suggestions of Delegate Group of Other Invited Persons submitted to the plenary session of the National Convention by U Sai Khun Mein of Shwe Pyi Aye (MTA) Group 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 9 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

On behalf of the delegate group of other invited persons, we three will present the detailed basic principles for legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution.

We members of the delegate group of other invited persons held discussions at the coordination meeting of the delegate group of other invited persons on 16 December 2005 and elected a 23-member paper compilation team led by the panel of chairmen. To obtain the unanimous consent of the whole team comprising 89 members and to complete this paper correctly, we had to hold knee-to-knee discussions twice. In the process, we made efforts to be part of the drive for the emergence of the Constitution of the future nation.

Regarding the detailed basic principles for legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution, Chairman of the National Convention Convening Work Committee U Aung Toe explained 28 detailed basic principles for the Pyidaungsu Hluttaw at the National Convention held on 13 December, 19 detailed basic principles for the Pyidaungsu Hluttaw and the Amyotha Hluttaw at the National Convention held on 14 December, and 23 detailed basic principles for the Region or State Hluttaw at the plenary session of the National Convention held on 15 December 2005.

In observing the clarification of the Work Committee Chairman on the detailed basic principles for the legislative functions of the Pyidaungsu Hluttaw, we found the points. They are: —

He suggested the Hluttaw Speaker be vested with the power to fix time for the session of the Pyidaungsu Hluttaw and to convene the sessions.

And such basic principle for members of the Pyidaungsu Hluttaw to convene sessions as—

- nine work programmes for the sessions of the Pyidaungsu Hluttaw,

- the basic principle to convene a special or emergency session of the Pyidaungsu Hluttaw,

- the right of the Patron of the Pyidaungsu Hluttaw to convene such a session,

- to convene such a session with instruction of the President,
- the basic principle to convene a special or emergency session with the requisition of one-fourth of the membership of the Hluttaw concerned. Moreover,

- the detailed basic principle on the quorum necessary for validity of the Pyidaungsu Hluttaw,

- the detailed basic principle on making a decision through voting at the Pyidaungsu Hluttaw,

- the detailed basic principle on taking action against a member of the Pyidaungsu Hluttaw who is absent from a session,

- the detailed basic principle on ensuring validity of the decisions of the Pyidaungsu Hluttaw notwithstanding the activities of a person who is not entitled to attend a Hluttaw, are laid down in accordance with the procedures on convening of sessions of the Pyidaungsu Hluttaw to be able avert possible future disputes. So, they should be adopted. Besides that, he discussed—

- matters on issuing the activities of the Pyidaungsu Hluttaw,

- the power of the Pyidaungsu Hluttaw to enact laws,

- the basic principle on vesting power in the body concerned to issue orders in enacting a law,

- the basic principle to vest power to decide international, regional or bilateral treaties submitted by the President,

- the basic principle to seek approval of the Pyidaungsu Hluttaw, and to decide to enact an ordinance or not, reflect the sharing or power between the Pyidaungsu Hluttaw and the President, and prevent carrying out tasks solely by an individual or body. So, they should be adopted. In addition,

- the detailed basic principle on the matters administered by the Union level bodies, and submission of bills to the Pyidaungsu Hluttaw,

- the principle to initiate the bills at the Pyithu Hluttaw or the Amyotha Hluttaw that are submitted in accordance with the Constitution by Union level bodies,

- the basic principle on the right of the bill scrutinizing committees of the Pyidaungsu Hluttaw and the Amyotha Hluttaw to scrutinize the bills, and submit them along with their findings and comments regarding the bills to be discussed and decided at the Pyidaungsu Hluttaw before tackling the bills at the Hluttaw concerned,

- the basic principle on making a decision at the Pyidaungsu Hluttaw if the Pyidaungsu Hluttaw and the Amyotha Hluttaw do not reach an agreement regarding a bill,

- the basic principle on the right of the President to approve, promulgate and issue a bill that is sent by the Pyidaungsu Hluttaw,

- the basic principle on the right of the Pyidaungsu Hluttaw to approve, enact and issue a bill that is sent back by the President,

- the basic principle to issue in the Union gazette the laws under the signature of the President and laws deemed to have been signed by the President, and to make them come into force,

- the basic principle on the right of members of a Union level body to discuss the bills of the body concerned at the Pyidaungsu Hluttaw. We have notice that these eight detailed basic principles have been laid down to ensure coordination and harmony between the Amyotha Hluttaw and the Pyithu Hluttaw. So, they should be adopted.

When we further studied the legislative functions of the Pyidaungsu Hluttaw in detail, we found duties and rights of the Patron of the Pyidaungsu Hluttaw. They are:

In the legislative functions to elect the Patron of the Pyidaungsu Hluttaw who will have to convene the first session,

the Speaker of the Amyotha Hluttaw will have to serve as the Patron of the Pyidaungsu Hluttaw in the first 30 months of the term of the Pyithu Hluttaw. Apart from that,

- the duties and rights of the Patron of the Pyidaungsu Hluttaw,

- the right to submit the situations of the Union level bodies to the Pyidaungsu Hluttaw with the approval of the Patron,

- the power to be vested in members of the Pyidaungsu Hluttaw to vote, along with the power to take action against a member who commit a physical assault,

- the power to be vested in the Patron when need arises to arrest a member of the Pyidaungsu Hluttaw and a person entitled to a session,

- legal privileges regarding publications and reports of the Pyidaungsu Hluttaw.

The points we have found are the ones that should be adopted for legislative functions of the Pyidaungsu Hluttaw for the Constitution.

The 28 detailed basic principles for legislative functions explained by the Work Committee Chairman are based on liberty, justice and equality for the people. So, we members of the delegate group of other invited persons would like to make a suggestion the detailed basic principles be adopted. They are:

(1) The first session of the Pyidaungsu Hluttaw should be held within 15 days after the beginning of the first session of the Pyithu Hluttaw.

The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw.”

(2) The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw session at least once a year. The maximum time limit between one meeting and another should not exceed 12 months

(3) The following tasks shall be carried out at the Pyidaungsu Hluttaw meetings:

(a) Recording the address delivered by the President

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

(c) Submitting and discussing and making decision on a bill

(d) Discussing and deciding the opinion and remarks of the President concerning a bill approved by the Pyidaungsu Hluttaw

(e) Discussing and deciding the matter the Pyidaungsu Hluttaw has to implement in accord with the provisions contained in the Constitution

(f) Discussing, deciding and recording the reports presented to the Pyidaungsu Hluttaw

(g) Submitting proposals, and making discussions and decisions

(h) Asking questions and replying answers

(i) Implementing the matters permitted by the Speaker of the Pyidaungsu Hluttaw.

(4) The Speaker of the Pyidaungsu Hluttaw shall convene a special session or an emergency session of the Pyidaungsu Hluttaw as necessary”

(5) The Pyidaungsu Hluttaw Speaker shall convene a special session or an emergency session of the Pyidaungsu Hluttaw soonest when the President informs the Pyidaungsu Hluttaw Speaker to convene a special session or an emergency session of the Pyidaungsu Hluttaw”

(6) The Speaker of Pyidaungsu Hluttaw shall convene a special session of the Pyidaungsu Hluttaw when at least one fourth of the total membership of the Pyidaungsu Hluttaw ask to convene the Pyidaungsu Hluttaw”

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

(b) The meetings that are adjourned due to invalidity in accord with the sub Para (a) as well as the valid meetings that are extended will be valid if at least one third of the Hluttaw members are present.

(8) (a) 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.

(b) The Speaker of the Pyidaungsu Hluttaw or the Deputy Speaker acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(9) If for a period of 15 consecutive days a member of Pyidaungsu Hluttaw is, without permission of the Speaker absent from all meetings of the Pyidaungsu Hluttaw, Speaker shall inform the Hluttaw concerned to take action against the member according to the prescribed rules. Provided that in computing the said period of 15 days no account shall be taken of any period during which the Chamber is prorogued, or is adjourned.

(10) Although there are vacant seats, the Pyidaungsu 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 vote or took part in the proceedings are discovered later

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

(12) (a) The Pyidaungsu Hluttaw shall have the right to make laws for the whole or any part of the Union concerning the matters stated in the Union Legislative List.
(b) If a bill initiated in the Pyithu Hluttaw or the Amyotha Hluttaw is approved by both Pyithu Hluttaw and Amyotha Hluttaw, it shall be presumed that the bill is approved by the Pyidaungsu Hluttaw.

(13) (a) When the Pyidaungsu Hluttaw enacts a law, it may —

(i) entrust the right to issue rules, regulation and bylaws concerning the law to the Union level organizations formed according to the Constitution.

(ii) authorize the respective organizations or authority to issue notifications, orders, directives and procedures.

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

(c) If both the Pyithu Hluttaw and the Amyotha Hluttaw decide to annul or amend any one the rules, regulations or bylaws, it shall be presumed that the rules, regulations or bylaws are annulled or amended by the Pyidaungsu Hluttaw.

(d) If there is any disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning the said rules, regulations or bylaws, it shall be decided by the Pyidaungsu Hluttaw.

(e) If a decision is made to annul or amend any of the rules, regulations or bylaws according to the para (c) or para (d), the decision shall be without prejudice, however, to the validity of any action previously taken under the rules, regulations or bylaws.

(14) The Pyidaungsu Hluttaw —

(a) shall give the decision on matters in connection with ratifying, cancelling and withdrawing from international agreements, regional treaties or bilateral agreements submitted by the President.

(b) may fix the international, regional or bilateral agreements that do not need Pyidaungsu Hluttaw’s approval and delegate the President to ratify, cancel and withdraw from them.

(15) (a) Matters that requires decision of the Pyidaungsu Hluttaw, agreement and approval should be implemented as follows:

(i) If the Pyidaungsu Hluttaw is in session, the matter shall be decided at that session.

(ii) If the Pyidaungsu Hluttaw is not in session, the discussion and decisions on the matter shall be made at the nearest Pyidaungsu Hluttaw session.

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

(b) When the President after issuing an ordinance having the force of law submits it to the Pyidaungsu Hluttaw for approval, the Pyidaungsu Hluttaw shall

(i) pass a resolution to approve it or not.

(ii) fix the further period to which the ordinance shall continue to be in force if the Pyidaungsu Hluttaw approves the ordinance.

(iii) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.

(16) (a) Of the matters included in the Union legislative list, the Union level organizations formed under the Constitution, shall have the right to submit bills on matters under their management, to the Pyidaungsu Hluttaw in accord with the prescribed procedures.

(b) Bills on national plans, annual budgets and taxation, which are to be submitted exclusively by the Union government shall be presented to the Pyidaungsu Hluttaw in accordance with the prescribed provisions for decision.

(17) Except the bills that are prescribed by the Constitution to be initiated exclusively in the Pyidaungsu Hluttaw, the bills initiated by the Union level organizations formed under the Constitution, in the Pyidaungsu Hluttaw shall be discussed initially at the Pyithu Hluttaw or the Amyotha Hluttaw according to the prescribed provisions.

(18) If a need arises to scrutinize the bills, that are to be discussed and approved exclusively at the Pyidaungsu Hluttaw, they are to be scrutinized jointly by the Pyidaungsu Hluttaw bill committee and the Amyotha Hluttaw bill committee, and the bills together with the findings and comments of the joint committee can be submitted to the Pyidaungsu Hluttaw in accordance with prescribed provisions.

(19) If there arises disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a bill, the bill shall be discussed and approved in the Pyidaungsu Hluttaw.

(20) (a) Within 14 days after the date the President receives the bills sent to him by the Pyidaungsu Hluttaw after approving them and the bills in like manner as if the Pyidaungsu Hluttaw have approved them, he shall sign the bills and shall promulgate them into law.

(b) The President shall send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time to sign and promulgate it into an Act.

(c) Although the President does not send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time, if the Bill is not signed by the President within 14 days after the date of presentation, the same shall be become an Act in like manner as if he had signed it on the last of the said 14 days.

(21) (a) If the President sends back the bill to the Pyidaungsu Hluttaw together with his comments within the fixed time, the Pyidaungsu Hluttaw after studying the President’s comments, can accept his comments or can decide to amend the bill, or shall make a decision to approve the bill in its original state if it does not agree the President’s comments.

(b) The President shall sign the bill and enact it into an Act on the last of the said seven days if the bill so amended according to his comments or his comments are not accepted and the bill approved in its original state is sent back to him with the Pyidaungsu Hluttaw’s decision.

(c) If the bill sent back to the President by the Pyidaungsu Hluttaw is not signed by the President within the fixed time, the same shall be become an Act in like manner as if he had signed it on the last date of the said time limit.

(22) The Acts signed by the President and the Acts deemed to have been signed by the President shall be promulgated in the gazette. The Act shall come into force on the date of such promulgation unless the contrary intention is expressed.

(23) Members of the organizations representing the Union level organizations formed under the Constitution while attending the Pyidaungsu Hluttaw with the permission of the Speaker have right to explain the bills and other matters in connection with their respective organizations.

(24) The Pyidaungsu Hluttaw Speaker shall —

(a) supervise the Pyidaungsu Hluttaw sessions

(b) invite the President, if the President informs him of his desire to address the Pyidaungsu Hluttaw

(c) have the power to invite organization and persons representing any Union level organizations formed under the Constitution to attend and give clarifications on one of the matters of the ongoing discussions of the Pyidaungsu Hluttaw session if necessary

(d) implement his other duties and functions designated by the constitution or any law

(25) The Union level organizations formed under the Constitution shall submit their general condition, necessary to be presented to the Pyidaungsu Hluttaw, with the permission of the Speaker.

(26) (a) Subject to the provisions contained in the constitution, and the provisions stipulated in the Pyidaungsu Hluttaw law, members of the Pyidaungsu Hluttaw shall have freedom of speech and voting at the Pyidaungsu Hluttaw and the Pyidaungsu Hluttaw Joint Committee. Concerning the discussions and functions of the Pyidaungsu Hluttaw and the Joint Committee, a Pyidaungsu Hluttaw member shall be absolutely privileged, except under the laws of the Pyidaungsu Hluttaw.

(b) Subject to the provisions contained in the constitution, and the provisions stipulated in the Pyidaungsu Hluttaw law, members of organizations or persons representing any one of the Union level organizations invited to attend the Pyidaungsu Hluttaw have the freedom of speech. No action shall be taken against such persons for their speeches, except under the law of s of the Pyidaungsu Hluttaw.

(c) However, if the persons mentioned in the above para (a) and para (b) commit physical assaults, they shall be liable to punishment according to the existing law.

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

  1. The reports, documents and Hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged.

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_2006%20Jan%2016.htm



Delegate Group of Intellectuals and Intelligentsia holds meeting

YANGON, 16 Jan — Delegate Group of Intellectuals and Intelligentsia held their group meeting at Hall No-6 of Nyaunghnapin Camp in Hmawby Township today.

Movie Director U Khin Zaw presided over the meeting together with members of the panel of chairmen President of Myanmar Technicians Association Dr U Thein Oo Po Saw and Surgeon Dr Thein Nyunt {Nyunt Wai (Katha)}.

Deputy Director U Than Win and Assistant Director U Nyein Myint of Work Group-8 of the National Convention Convening Work Committee acted as Masters of Ceremonies.

The MC announced the validity of the meeting as 54 delegates out of 56 attended the meeting accounting 96.43 per cent. First, meeting chairman Movie Director U Khin Zaw delivered a speech.

Next, those present discussed proposal (draft) on detailed basic principles concerning the Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw to be included in drafting the State Constitution.

Rector U San Tint of Mawlamyine University presented proposal on detailed basic principles concerning the Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw to be included in drafting the State Constitution.

Those present took part in the discussions.

The meeting ended with concluding remarks by the meeting chairman

Source: http://www.myanmar.com/nlm/enlm/Jan17_rg8.html