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

YANGON, 10 March — The following is the clarification made by Member of the National Convention Convening Work Committee Chairman of the Civil Service Selection and Training Board Dr Than Nyun, on behalf of the Chairman of the National Convention Convening Work Committee, on executive power of region or state governments for laying down detailed basic principles for the sharing of legislative and judicial powers to be included in the State Constitution, at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, on 7 March.

The previous plenary sessions of the National Convention have laid down the detailed basic principles concerning “Formation of Executive” and in the detailed basic principles state the formation of the Union government, and the formation of the region or state governments. Concerning the distribution of the executive power, a detailed basic principle — the executive power of the State is distributed among the Union, regions and states — has already been laid down. I have already explained the study of the Work Committee in connection with the matter for the delegates to hold discussions and make suggestions to lay down detailed basic principles regarding the executive power and functions of the Union Government in accord with the said already-laid-down detailed basic principle.

Now, I will continue to present the study of the Work Committee on the distribution of the executive power to the region or state governments.

Concerning the formation of the region or state governments, the following detailed basic principles have already laid down:

“Region government is formed in every Region, and State government is formed in every State.” and Region or state government is formed with the following persons:

(a) Chief Minister of region or state

(b) Ministers of region or state

(c) Advocate-General of region or state.”

As powers and functions have been vested in the Union Government, so also the authority and rights should be delegated to the region or state governments. The Union Government has the right to exercise in the entire Union the executive powers and functions vested in it. Thus, the region and state governments should be delegated with the authority and duty to exercise within their territory.
In the already-laid-down detailed basic principles, concerning the executive power, the Union legislative list and the region or state legislative list will be designated separately.

The Union executive list will include the executive matters the Union Government has to implement, and the region or state executive list will contain executive matters the region or state has to undertake.

In carrying out its task, the region or state government will form separate region or state ministries as necessary and will assign duties for the task to have effect. In the process, the region or state hluttaw will enact necessary laws included in the region or state legislative list for effective running of the administrative machinery.

To serve the interest of the nation and the people, the region or state governments may have the right to write bills on the matters on the region or state legislative list and to submit the bills to the respective region or state hluttaws. The region or state hluttaw concerned will have to enact laws in accord with the provisions of the Constitution.

In sub-section (1) of Section 162 under the Heading “Government of the Shan State”, sub-section (1) of Section 175 under the Heading “Government of the Kachin State” and sub-section (1) of Section 191 under the Heading “Government of the Kayinni (Kayah) State” of the 1947 Constitution it is stated that ‘subject to the provisions of this Constitution, the executive power of the State extends to the matters with respect to which the State Council has power to make laws’.

Here, the delegates will have to present discussions and suggestions on whether or not the following detailed basic principles should be laid down concerning the executive power of the regions and states:

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.

I will now explain the study of the matter in connection with the responsibility of the region or state government to help the Union Government as necessary in ensuring stability of the State, community peace and tranquillity and the rule of law.

I have already presented in the sector of powers and functions of the Union Government, that the Union Government has the responsibility to ensure stability of the State, community peace and tranquillity and the rule of law for successfully implementing the all-round development undertakings covering the administration, economy, social sector, transport, etc.

As the responsibility rests on the Union Government, it can ensure stability of the State, community peace and tranquillity and the rule of law, only if there prevails stability of regions and states, community peace and tranquillity and the rule of law.

Likewise, the region or state government may successfully implement the all-round development tasks covering the administration, economy, social sector, transport, etc. in their own territories, only if there is stability of regions and states, community peace and tranquillity and the rule of law.

In this regard, the region or state government will have to always strive for proper running of the administrative machinery and for launching the all-round development tasks with added momentum in their respective territories, for maintaining the already-forged national solidarity, and for assisting the Union Government in its drive for ensuring stability of the State, community peace and tranquillity and the rule of law.

A basic principle “Public peace and tranquillity and prevalence of law and order is the responsibility of every citizen” concerning the fundamental rights and responsibilities of citizens has already been adopted. Hence, the region or state government has the responsibility to assist the Union Government in its drive to ensure stability of the State, community peace and tranquillity and the rule of law, in addition to the duty to organize the citizens to take part in the drive with duty consciousness.

Hence, the delegates are to discuss and suggest whether or not the following detailed basic principle should be laid down:

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

I will now continue to present the study on the laying down of work programmes of the region and state governments and implementation of the said work programmes.

The region or state government is to lay down work programmes on how it is going to develop its own territory and the priority tasks. The work programmes should include long-term, short-term and annual plans of the region or state government.

The region or state government will have to lay down work programmes on economy, social sector, administration, etc. appropriate to its territory's natural conditions. This should be in line with the objectives, basic principles and guidelines of the Constitution. They should not be contrary to the policies adopted by the Union Government and Union laws.

The region or state government will have to implement the long-term, short-term and annual plans, after the approval of the region or state hluttaw.

The delegates will have to discuss and suggest whether or not to lay down the following detailed basic principle in connection with the matter to lay down work programmes of projects of the region or state government.

Subject to the policies adopted by the Union Government and Union laws, the region or state government shall implement the projects in connection with the task to be implemented in the region or state concerned with the approval of the region or state hluttaw.

I will now present the study on the drawing of the annual budget of the region or state and drafting of a bill on budget that should be designated as a task of the region and state governments.

Concerning the compilation of the budget statements for the states and submitting them to State Council, sub section (1) of section 164, sub-section(1) of section 177 and sub-section(c) (amendment) of section 181, and sub-section(1) of the section 193 of the 1947 Constitution state, “The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented for the State Council for consideration.”

The region or state government is the institutions undertaking the responsibilities of the security, administrative, economic, social, transport and other sectors of the areas concerned. Thus they will have to draw the annual budget of the region or state concerned. To do so, the region or state government will have to estimate the receipt region or state, the possible expenditures of the organs of power and staff of the regions or states, and the expenditures of the on-going projects, and short-term, long-term and annual plans. In making the calculations, the amounts of the needed financial provisions of the Union Government, the desired loans and financial aids should be taken into account.

The region or state government is to draw the budgets in accord with the provisions of the constitution, the respective laws, bylaws, rules and regulations, orders and directives. In the process, the region or state government will have to separate the matter into two headings — the normal income and capital income under the heading “income” and normal expenditure and capital expenditure under the heading “expenditure”. The region and state governments are to earmark the estimated amounts of financial assistance and loans if there is any deficit. In doing so, the region or state governments of the regions and states which have the self-administered division or self-administered zones are to include the estimated amounts of additional funds, loans and financial aids for the long-term, short-term and annual plans approved according to the coordination and submission of the self-administered division leading body and the self-administered zone leading bodies in drawing annual budgets.

The Union Government and the region or state governments are to coordinate at the Financial Commission, formed according to the Constitution, and will have to revise their respective accounts again. The President and the chief ministers of the regions and states will play a key role in the Financial Commission. After making thorough discussions at the Financial Commission, the estimated accounts of the Union Government and the region and state governments are to be approved in accord with the coordination. At the discussions of the Financial Commission the region and state governments may know in advance the amounts of additional funds, financial aids for special cases, and loans they are going to receive from the Union Government during the fiscal year.

The National Convention has already laid down the detailed basic principle in connection with the formation of the Financial Commission and it responsibilities and rights. According to the already-laid-down detailed basic principles, the Financial Commission in the process of supporting the bill on the Union budget inclusive of the receipts and expenditure account of the Union, the provision of appropriate additional funds to the regions and states from the Union Budget Fund, special financial aids, and disbursement of loans and presenting it to the President for submitting it to the Pyidaungsu Hluttaw, the President or the person assigned by the President, on behalf of the Union Government, will have to submit the bill on the Union budget to the Pyidaungsu Hluttaw.

The Union Government will have to act according to the Union budget law enacted by the Pyidaungsu Hluttaw.

Based on the annual budget of the Union, the region and state governments will have to draw the annual budgets of the respective regions and states. After writing the accounts, the region or state governments are to draw the bill on its budget and submit it to the region or state hluttaw concerned together with the explanation, for approval. The region or state governments of the regions and states having the self-administered division or self-administered zone or zones are to inform the leading bodies of the self-administered division or self-administered zone about the permitted financial amount included in the approved budget.

The region and state governments may use the funds of the bill of budget already approved by the respective hluttaws only after the chief ministers of the respective regions or states have signed and enacted into law in accord with the stipulations contained in the Constitution.

Hence, the delegates will have to discuss and suggest whether or not the following basic principle concerning the drawing of the annual budget of the region or state governments and enactment of the budget law as a detailed basic principle should be laid down:
“Region or state governments shall submit to the respective hluttaws of the regions and states the matter concerning the promulgation the bill on the budget of the regions and states concerned based on budget of the Union Government in accord with the provisions of the Constitution.”

I will now present the Work Committee’s study on what it is to be done by the region or state governments if the hluttaws of the respective regions and states cannot approve the bill on annual budget of the region or state governments before the end of fiscal year.

The region or state governments will have to submit the bill on the budget of the respective states or divisions to the hluttaws concerned of the regions and states in line with the provisions of the Constitution for approval before the end of fiscal year. The region or state governments are to constantly run the administrative machinery of their respective territories. Only then will they be able to implement all the on-going tasks including the administration, economy, social affairs, security, etc. without any interruptions.

In materializing the national objective — flourishing of genuine multi-party democracy — discussions on the bill on the budget of the region or state should be made at the region or state hluttaw concerned. But there may arise the failure to enact budget law of the respective regions or states in time because the task cannot be completed before the end of fiscal year.

In such a situation, the region or state governments should have the right to continue to use the funds in line with the provisions of the Constitution for the government machinery to run as usual. Moreover, salaries and other expenditures of heads and members of region or state level organizations, salaries and other expenditures of heads and members of self-administered area leading bodies, salaries and other expenditures of staff organizations, and current expenditures, should be used from the funds of region or state budget within the limits stipulated in the Constitution. The use of the funds should be according to the procedures within the limit of the current expenditures inclusive in the last-enacted budget law of the region or state. Only then, will the region and state governments be able to run the administrative machinery as usual.

After the region or state hluttaw has enacted the budget law of the region or state concerned, the funds used from the current expenditure in advance may be adjusted as necessary.

The delegates will have to discuss and suggest whether or not the following detailed basic principle in a situation in which the region or state hluttaw cannot enact the budget law of the region or state concerned before the end of fiscal year should be laid down:

“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.”