As it is the duty
of the Union government to draft the bill on Union budget and present
it to the Union Hluttaw for approval, no addition will be needed for the para 7
and
the wording is already compact and complete
YANGON, 12 Dec—The following is the presentation of
clarifications of National Convention Convening Work Committee Chairman on
adoption of detailed basic principles on The Executive Powers of the Union
Government and The Executive Power of Region or State government included in the
sharing of executive and judicial powers for formulating State Constitution by
Vice-Chairman of National Convention Convening Work Committee U Aye Maung at the
plenary session held today at Nyaunghnapin Camp in Hmawby Township, Yangon
Division.
At the plenary session of the National Convention, held on 7
March 2005 the Work Committee Chairman explained the detailed basic principles
concerning the executive power of the Union government of the sector for sharing
the executive and judicial powers that should be laid down.
Delegate group of Nationalities, delegate group of peasants,
delegates group of workers, delegates group of intellectuals and intelligentsia,
delegates group of State service personnel and delegate group of other invited
persons, and delegate group of political parties — Union Pa-O National
Organization, Mro or Khami National Solidarity Organization, Lahu National
Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa
National Development Party suggested that the following detailed basic
principles should be laid down in the executive powers of the Union Government.
1. Subject to the provisions of the Constitution, the
executive power of the Union extends to the matters with respect to which the
Pyidaungsu Hluttaw has power to make laws.
2. Subject to the provisions of the Constitution, the
executive authority of the Union, shall be vested in the President; but nothing
in this section shall prevent the Pyidaungsu Hluttaw from conferring duties and
functions upon any authoritative body, or any person in authority, or be deemed
to transfer to the President of the State any functions vested in any
authoritative body concerned, or any other person in authority concerned by
existing laws.
3. (a) All executive actions the Union Government shall be
expressed in the name of the President.
(b) Orders and instruments made and executed in the name of
the President shall be authenticated in such manner as may be specified in rules
to be made by the President. In addition, the validity of an order or instrument
which is so authenticated shall not be called in question on the ground that it
was not done by the President.
(c) The President shall make rules for the transaction of the
business of the Union Government, and for the allocation of the said business
among the ministers of the Union Government or to the official responsible under
a certain law, except matters conferred on him by this Constitution to act in
his own discretion.
(d) Without prejudice to the generality of the foregoing
provisions, the allocation of business by the President may be regionwise as
well as subjectwise.
4. The Union Government uphold and maintain stability, peace,
and the prevalence of law and order in the country.
5. The Union Government shall lay down its policies in accord
with the stipulations contained in the Constitution. The Union Government shall
draw necessary projects in accord with the policies and implement them with the
approval of the Pyidaungsu Hluttaw.
6. Based on annual budgets of the Union, drawn after
coordinating with the Financial Commission, the Union Government shall draft the
bill on Union budget, and shall submit it to the Pyidaungsu Hluttaw in line with
the stipulations contained in the Constitution for approval.
7. The Union Government shall have the right to use the funds
within the allotment of the normal expenditure included in the latest-enacted
Union budget law of the Pyidaungsu Hluttaw, if the Pyidaungsu Hluttaw cannot
approve the Union Government-submitted bill before the end of fiscal year.
8. The Union Government shall submit the bill concerning the
matters the Pyidaungsu Hluttaw can enact into law within the framework of the
provisions of the Constitution, and shall submit it to the Pyidaungsu Hluttaw.
9. The ministries of the Union Government shall manage,
guide, supervise and inspect their subordinate government departments and
organizations to ensure that the said subordinate bodies are conducting their
functions in accord with the stipulations of the Constitution and the existing
laws.
10. The Union Government cooperates and coordinates with the
region government, the state government, and the self-administered area leading
body to enable them to effectively and successfully carry out their tasks.
11. The Union Government, save constitutional disputes and
the disputes over the re-delineation of territorial boundary, shall —
(a) cooperate, coordinate and make decisions if necessary on
disputes over administration between regions and states; among regions; among
states; between regions or states and self-administered areas; and among
self-administered areas; and
(b) cooperate, coordinate and solve the disputes over administration between
regions or states and Union territories and between self-administered areas and
Union territories; and make decisions if necessary.
12. The Union Government, in accordance with law, shall —
(a) constitute Union-related service organizations as
necessary, and stipulate the duties and functions for such organizations; and
(b) appoint the required number of staff.
13. The Union Government shall —
(a) implement administrative resolutions passed occasionally
by the Pyidaungsu Hluttaw, and submit the measures it has taken to the
Pyidaungsu Hluttaw.
(b) submit the report on the entire affairs of the Union to the Pyidaungsu
Hluttaw on an occasional basis.
I will now present the separate presentations of the delegate
groups. The National Unity Party of the delegate group of political parties
said, according to the para 7, the party proposes that the right is vested in
the Union government to use the funds within the allotment of the normal
expenditure if the Pyidaungsu Hluttaw cannot approve and issue the Union
Government-submitted bill before the end of fiscal year.
Concerning the matter, I would like to explain that the
stipulations contain in the para 7 mean that the Union government shall have the
right to use the funds of the current expenditure to continuously run the
administrative machinery, if the Union Hluttaw cannot pass the bill on the
budget.
The para 6 has already stated the matter concerning the
submission of the budget bill by the Union government. As it is the duty of the
Union government to draft the bill on Union budget and present it to the Union
Hluttaw for approval, no addition will be needed for the para 7 and the wording
is already compact and complete.
The delegate group of intellectuals and intelligentsia
suggested the setting up of a separate trust fund in the budget bill for
emergency financial cases.
Concerning the matter, when the new constitution comes into
force, the Union government after consulting with the Financial Commission will
have the right to draw a separate fund in drafting the budget bill.
Mr Chairman,
Representatives-elect agreed to the detailed basic principles
the Work Committee Chairman had explained.
Thus, in accord with the suggestions of the delegates, the
following paras and sub paras are adopted as the detailed basic principles for
the chapter “The executive powers of the Union Government ” of the sector for
sharing the executive and judicial powers.
1. Subject to the provisions of the Constitution, the
executive power of the Union extends to the matters with respect to which the
Pyidaungsu Hluttaw has power to make laws.
2. Subject to the provisions of the Constitution, the
executive authority of the Union, shall be vested in the President; but nothing
in this section shall prevent the Pyidaungsu Hluttaw from conferring duties and
functions upon any authoritative body, or any person in authority, or be deemed
to transfer to the President of the State any functions vested in any
authoritative body concerned, or any other person in authority concerned by
existing laws.
3. (a) All executive actions of the Union Government shall be
expressed in the name of the President.
(b) Orders and instruments made and executed in the name of the President shall
be authenticated in such manner as may be specified in rules to be made by the
President. In addition, the validity of an order or instrument which is so
authenticated shall not be called in question on the ground that it was not done
by the President.
(c) The President shall make rules for the transaction of the business of the
Union Government, and for the allocation of the said business among the
ministers of the Union Government or to the official responsible under a certain
law, except matters conferred on him by this Constitution to act in his own
discretion.
(d) Without prejudice to the generality of the foregoing provisions, the
allocation of business by the President may be regionwise as well as subjectwise.
4. The Union Government uphold and maintain stability, peace,
and the prevalence of law and order in the country.
5. The Union Government shall lay down its policies in accord
with the stipulations contained in the Constitution. The Union Government shall
draw necessary projects in accord with the policies and implement them with the
approval of the Pyidaungsu Hluttaw.
6. Based on annual budgets of the Union, drawn after
coordinating with the Financial Commission, the Union Government shall draft the
bill on Union budget, and shall submit it to the Pyidaungsu Hluttaw in line with
the stipulations contained in the Constitution for approval.
7. The Union Government shall have the right to use the funds
within the allotment of the normal expenditure included in the latest-enacted
Union budget law of the Pyidaungsu Hluttaw, if the Pyidaungsu Hluttaw cannot
approve the Union Government-submitted bill before the end of fiscal year.
8. The Union Government shall submit the bill concerning the
matters the Pyidaungsu Hluttaw can enact into law within the framework of the
provisions of the Constitution, and shall submit it to the Pyidaungsu Hluttaw.
9. The ministries of the Union Government shall manage, guide
and supervise their subordinate government departments and organizations to
ensure that the said subordinate bodies are conducting their functions in accord
with the stipulations of the Constitution and the existing laws.
10. The Union Government cooperates and coordinates with the
region government, the state government, and the self-administered area leading
body to enable them to effectively and successfully carry out their tasks.
11. The Union Government, save constitutional disputes and
the disputes over the re-delineation of territorial boundary, shall —
(a) cooperate, coordinate and make decisions if necessary on
disputes over administration between regions and states; among regions; among
states; between regions or states and self-administered areas; and among
self-administered areas; and
(b) cooperate, coordinate and solve the disputes over administration between
regions or states and Union territories and between self-administered areas and
Union territories; and make decisions if necessary.
12. The Union Government, in accordance with law, shall —
(a)constitute Union-related service organizations as
necessary, and stipulate the duties and functions for such organizations; and
(b) appoint the required number of staff.
13. The Union Government shall —
(a) implement administrative resolutions passed occasionally
by the Pyidaungsu Hluttaw, and submit the measures it has taken to the
Pyidaungsu Hluttaw.
(b) submit the report on the entire affairs of the Union to the Pyidaungsu
Hluttaw on an occasional basis.
The Work Committee Chairman explained the detailed basic
principles for the executive power of region or state government at the plenary
session of the Convention held on 7 March 2005.
Delegate group of nationalities, delegate group of peasants,
delegate group of workers, delegate group of intellectuals and intelligentsia,
delegate group of State service personnel and delegate group of other invited
persons, and delegate group of political parties — Union Pa-O National
Organization, Mro (or) Khami National Solidarity Organization, Lahu National
Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa
National Development Party suggested that the following detailed basic
principles should be laid down in the executive power of the region or state
government.
1. Subject to the provisions of this Constitution, the
executive power of the region or state government extends to the matters with
respect to which the region or state hluttaw has power to make laws. Moreover,
in such manner, the executive power of the region or state government also
extends to the matters with respect to which the region or state government has
been allowed to carry out in accord with any of the Union laws.
2. The region and state governments shall have the
responsibility to assist the Union Government in its drive to ensure the
stability of the State, community peace and tranquillity and the rule of law.
3. Subject to the policies adopted by the Union Government
and Union laws, the region or state governments shall implement the projects in
connection with the task to be implemented in the respective regions or states
with the approval of the Region or State Hluttaws.
4. Region or state governments shall submit to the respective
Hluttaws of the regions and states the budget bill of the regions and states
concerned based on the annual budget of the Union Government in accord with the
provisions in the Constitution.
5. If the Region or State Hluttaw cannot pass the bill on the
budget of the region or state submitted by the region or state government
concerned, the said region or state government shall have the right to use the
funds of the current expenditure included in the last-enacted budget law of the
region or state hluttaw.
6. In accordance with the provisions of the Constitution, the
region or state government shall have the right to submit to the Region or State
Hluttaw the necessary Bill relevant to the matters embodied in the Region or
State Legislative List.
7. The region or state government shall —
(a) manage, guide, supervise and inspect the performance of
the region or state ministries and their subordinate government departments and
organizations to ensure that they conduct their functions in accordance with the
provisions of the Constitution, or with those of the existing laws.
(b) supervise, inspect, cooperate and coordinate in accordance with law the
performance of the civil service organizations discharging duties in their
respective regions or states.
8. To implement the tasks under its charge in accordance with
the Union Law for State Civil Service, or through coordination in advance with
the Union government, the region or state government shall —
(a) establish civil service organizations of the region or
state as necessary;
(b) appoint the required number of civilian staff.
9. The region or state government shall —
(a) implement the resolutions occasionally passed by the
Region or State Hluttaw concerned, and submit the report on the measures taken
to the Region or State Hluttaw concerned.
(b) submit the report on the entire affairs of its area to the Union government
and to the Region or State Hluttaw concerned.
10. The region or state government shall implement the tasks
occasionally assigned by the Union government.
I will now present the separate suggestions of the delegate
groups. The National Unity Party presented a suggestion, saying, the issuance of
the budget bill in time is important for region and state governments. The para
5 concerning the rights of the region and state governments should be amended as
follows to be in line with the party’s suggestion for the executive power of the
Union government.
The region or state government shall strive to enact its budget bill before the
end of the fiscal year. Only if for any reason the region or state Hluttaw
cannot pass the bill, the region or state government shall have the right to use
the funds of the current expenditure included in the last-enacted budget law of
the region or state Hluttaw.
Concerning the matter, I would like to explain that the
region or state government shall have the right to use the funds of the current
expenditure to continuously run the administrative machinery, if the region or
state Hluttaw cannot pass the bill on the budget.
The para 4 has already stated the matter concerning the
submission of the budget bill by the region or state government. As it is the
duty of the region or state government to draft the bill on Union budget and
present it to the Region or State Hluttaw for approval, no addition will be
needed for the para 5. The wording is already compact and complete.
Mr Chairman,
Delegates group of the nationalities presented a suggestion,
saying, it is clearly stated in the financial sector that monetary assistance
and loans will be provided to the regions and states as a special privilege.
Thus, the regions and states should also provide extra funds to the Union budget
if they enjoy surplus income. In 1992-93, Taninthayi Division contributed K
148.14 million to the State funds as its income during the fiscal year was K
361.37 million and expenditure K 213.33 million. In the future, Regions and
States may enjoy more surplus income depending on their efforts. Thus, the
Regions and States should contribute an appropriate amount of funds to the Union
budget.
We would like to say that it is a fitting suggestion. The
Regions and States may contribute their surplus income to the Union funds on own
volition, and the Union may also provide more loans to them. The inclusion of
the provision stating that the Union will provide financial aids and loans to
the regions and states is to highlight the Union’s taking of their financial
responsibility.
Hence the nation will exercise the policy of contributing the
surplus funds of the regions and states to the Union fund and providing loans to
the Regions and States from the Union fund.
The representatives-elect of the political parties presented
the opinions of their own parties.
The independent representative group has agreed to the
detailed basic principles presented by the Work Committee.
In accord with the suggestions of the delegates the following
detailed basic principles are adopted for executive power of the region or state
government of the sector of the sharing of the executive and judicial power.
1. Subject to the provisions of this Constitution, the
executive power of the region or state government extends to the matters with
respect to which the region or state hluttaw has power to make laws. Moreover,
in such manner, the executive power of the region or state government also
extends to the matters with respect to which the region or state government has
been allowed to carry out in accord with any of the Union laws.
2. The region and state governments shall have the
responsibility to assist the Union Government in its drive to ensure the
stability of the State, community peace and tranquillity and the rule of law.
3. Subject to the policies adopted by the Union Government
and Union laws, the region or state governments shall implement the projects in
connection with the task to be implemented in the respective regions or states
with the approval of the region or state hluttaws.
4. Region or state governments shall submit to the respective
Hluttaws of the regions and states the budget bill of the regions and states
concerned based on the annual budget of the Union Government in accord with the
provisions in the Constitution.
5. If the Region or State Hluttaw cannot pass the bill on the
budget of the region or state submitted by the region or state government
concerned, the said region or state government shall have the right to use the
funds of the current expenditure included in the last-enacted budget law of the
region or state hluttaw.
6. In accordance with the provisions of the Constitution, the
region or state government shall have the right to submit to the Region or State
Hluttaw the necessary Bill relevant to the matters embodied in the Region or
State Legislative List.
7. The region or state government shall —
(a) manage, guide, supervise and inspect the performance of
the region or state ministries and their subordinate government departments and
organizations to ensure that they conduct their functions in accordance with the
provisions of the Constitution, or with those of the existing laws.
(b) supervise, inspect, cooperate and coordinate in accordance with law the
performance of the civil service organizations discharging duties in their
respective regions or states.
8. To implement the tasks under its charge in accordance with
the Union Law for State Civil Service, or through coordination in advance with
the Union government, the region or state government shall —
(a) establish civil service organizations of the region or
state as necessary;
(b) appoint the required number of civilian staff.
9. The region or state government shall —
(a) implement the resolutions occasionally passed by the
Region or State Hluttaw concerned, and submit the report on the measures taken
to the Region or State Hluttaw concerned.
(b) submit the report on the entire affairs of its area to the Union government
and to the Region or State Hluttaw concerned.
10. The region or state government shall implement the tasks
occasionally assigned by the Union government.