Self-administered division and self-administered zone leading bodies
shall, in accord with the law, supervise and coordinate functions of
civil service organizations discharging duties in their territory
YANGON, 11 March — The following
is the clarification made by Chairman of the National Convention Convening Work
Committee Chief Justice U Aung Toe on the executive power of the
self-administered division and self-administered zone leading bodies included in
the executive sector for laying down detailed basic principles for the sharing
of executive and judicial powers to be included in the State Constitution, at
Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, on 8 March.
I have already explained the Work
Committee’s study on the matters in connection with executive power and the
related powers and functions of the Union Government and the executive power of
the region or state governments and the related authority and duties for the
delegates to discuss and suggest whether or not to lay down detailed basic
principles concerning the matters.
I will now present the study on
the allocation and delegation of the executive power to the self-administered
division and self-administered zone leading bodies and the related authority and
duties.
According to the
already-laid-down detailed basic principles, the self-administered division and
the self-administered zones have been designated as follows:
(a) Naga Self-Administered Zone (Sagaing
Division);
(b) Danu Self-Administered Zone
(Shan State);
(c) Pa-O Self-Administered Zone
(Shan State);
(d) Palaung Self-Administered
Zone (Shan State);
(e) Kokang Self-Administered Zone
(Shan State);
(f) Wa Self-Administered Division
(Shan State);
The detailed basic principles —
as the self-administered division and the self-administered zones are
self-administered areas they are of equal status — the self-administered
division leading body is formed in the self-administered division, and the
self-administered zone leading bodies are formed in the self-administered zones
— have already been laid down.
As regards the delegation of
legislative power to the self-administered areas, a detailed basic principle —
legislative power prescribed by the Constitution is distributed to
self-administered areas — has been laid down, and in connection with the
distribution of executive power, a detailed basic principle — executive power
prescribed by the Constitution is distributed to self-administered areas — has
been laid down. Thus, the self-administered division leading body and the
self-administered zone leading bodies will have the right to exercise the
legislative power and the self-administrative power prescribed by the
Constitution.
In the sector of distribution of
the State legislative power, the National Convention has already laid down the
sector-wise detailed basic principles concerning the matters within the
legislative power of the Pyidaungsu Hluttaw and the matters within the
legislative authority of regions and states to be stipulated in the
Constitution.
Self-administered division or
self-administered zone leading bodies are vested with the legislative power
within their own territories for the following matters:
(a) Town and village plan,
(b) Construction, repair and
maintenance of roads and bridges,
(c) Public health,
(d) Development affairs,
(e) Fire prevention,
(f) Pasture,
(g) Forest protection and
conservation,
(h) Environmental conservation in
accord with the law enacted by the Pyidaungsu,
(i) Water and electricity supply
in towns and villages, and
(j) Town and village markets.
Self-administered division and
self-administered zone leading bodies will have to exercise the above-mentioned
legislative power as necessary. But the bodies will have to be aware of the fact
that the laws enacted by the self-administered division or self-administered
zone leading bodies should not be contrary to the provision of the Constitution,
the laws enacted by the Pyidaungsu Hluttaw and the laws enacted by the
respective regions and states. The laws enacted by the self-administered
division or self-administered zone leading bodies will be in force as along as
they are not in contrast with the laws enacted by the Constitution, the
Pyidaungsu Hluttaw and the respective regions or states.
Self-administered division and
self-administered zone leading bodies are the institutions that will have to
play a leading role in carrying out the administrative affairs of their own
division or zones. In doing so, they will have to abide by the Constitution, the
Union laws and the laws of the respective regions and states. The bodies will
have to ensure that the executive power exercised by them should not go beyond
the matters permitted by the laws.
Thus, delegates will have to
discuss and suggest whether or not the following detailed basic principles
should be laid down:
Subject to provisions of the
Constitution, the self-administrative power of the self-administered division
and self-administered zone leading bodies extends to the following matters:
(a) with respect to which the
self-administered division and self-administered zone leading bodies has power
to make laws;
(b) with respect to which the
division and self-administered zone leading body has power to make laws in
accord with any law enacted by the Pyidaungsu Hluttaw; and
(c) with respect to which the
self-administered division and self-administered zone leading body has power to
make laws in accord with any law enacted by the respective region or state
hluttaws.
As the self-administered division
and self-administered zone leading bodies can simultaneously exercise both the
legislative power and the self-administrative power prescribed by the
Constitution, they will have to harmoniously exercise the said powers in view of
all-round development of their self-administered division or self-administered
zones.
Self-administered division and
self-administered zone leading bodies have the duty to help the Union government
in its drive to ensure stability of the State, community peace and tranquillity
and the rule of law in the entire nation. Only then will they be able to
successfully and effectively implement their all-round development tasks.
Thus, the delegates will have to
discuss and suggest whether or not to lay down the following basic principle:
Self-administered division and
self-administered zone leading body has the duty to help the Union Government in
its drive to ensure stability of the State, community peace and tranquillity and
the rule of law.
Self-administered division and
self-administered zone leading bodies have to draw the annual budgets to
implement projects and plans laid down and approved by them. The drawing of the
said budgets involves the task of estimating the tax revenues and also the
income from development taxes permitted by the law.
Self-administered division and
self-administered zone leading bodies will have to draw the long-, short-term
and annual plans, subject to the policies of the Pyidaungsu Government. In
drawing the plans, priority is to be given to all-round development plans and
tasks covering administration, economy, health, development affairs, transport
and communications, etc in the area. The bodies will have to coordinate with the
respective region or state governments occasionally concerning the plans.
The bodies are to also draw the
estimated expenditure for their targeted work projects and plans. Afterwards the
bodies have to draw the bill on the budget which includes capital income and
expenditure and current income and expenditure according to financial rules.
After drawing the accounts the bodies will have to hold a preliminary
coordination meeting with the respective region or state governments. The
coordination includes the amounts of additional funds, loans and other financial
aids.
The region or state governments
will have to present the bill on annual budgets to the Financial Commission
together with the bill on annual budgets of the self-administered division and
self-administered zone leading bodies. The region and state governments have to
present the bill on their budgets to the hluttaw of the respective regions and
states in accord with the budget law of the Pyidaungsu Hluttaw. The bill
includes the estimated funds for the leading bodies of the self-administered
division or zones within their territory.
The self-administered division
and self-administered zone leading bodies have the right to use the allotted
funds, included in the budget law of the respective region or state governments,
according to the financial procedures.
If a region or state hluttaw
cannot enact the budget law before the end of fiscal year for certain reasons,
the self-administered division and self-administered zone leading bodies may use
the fund of the current expenditure permitted within the last-enacted budget law
of the hluttaw of the respective regions or states. Only then will the
administrative machinery be able to run normally with momentum in a
self-administered area.
Here, the delegates will have to
discuss and suggest whether or not the following detailed basic principles
should be laid down:
The self-administered division or
the self-administered zone leading bodies shall
(a) subject to the policies of
the Union Government, draw work programmes for development of their territory
and shall coordinate the matter with the region government or state government
concerned;
(b) draw annual budgets and shall
coordinate with the region or state government concerned in accord with the
provisions of the Constitution for approval;
(c) have the right to use the
allotted budget funds included in the budget law of the region or state
concerned;
(d) use the fund of the current
expenditure permitted within the last-enacted budget law of the hluttaw of the
region or state concerned if they cannot obtain the budget allotment in time due
to region or state hluttaw’s failure to enact the budget law in time.
There are civil staff assigned
and paid by the self-administered division and self-administered zone leading
bodies to help run their machinery covering various sectors. The
self-administered division and self-administered zone leading bodies are
required to supervise, inspect, guide, adjust, and manage the work of civil
service personnel. Now, I will present the Work Committee’s study on the matter.
The duties and rights of the
self-administered division and self-administered zone leading bodies originate
in the provisions of the Constitution. The self-administered division and
self-administered zone leading bodies will have duties and rights in accord with
the laws enacted after the emergence of the Constitution and those enacted by
the region or state hluttaws. The leading bodies may continue to observe and
exercise the duties and rights entrusted to them in accord with the existing
laws when the Constitution is ratified.
The self-administered division
and self-administered zone leading bodies are to supervise, supervise and
coordinate the functions of civil service personnel in the areas. In this
connection, necessary laws should be enacted for ensuring work facilitation.
Only then will the self-administered division and self-administered zone leading
bodies be able to carry out their duties properly in the interest of the Union.
Thus, the delegates will have to
discuss and suggest whether the following detailed basic principle should be
laid down:
Self-administered division and
self-administered zone leading bodies shall, in accord with the law, supervise
and coordinate the functions of civil service organizations discharging duties
in their territory.
I have already presented that the
following detailed basic principles should be laid down:
“Subject to provisions of the
Constitution, the self-administrative power of the self-administered division
and self-administered zone leading bodies extends to the following matters:
— with respect to which the
self-administered division and self-administered zone leading bodies has power
to make laws;
— with respect to which the
self-administered division or self-administered zone leading body has power to
make laws in accord with any law enacted by the Pyidaungsu Hluttaw; and
— with respect to which the
self-administered division or self-administered zone leading body has power to
make laws in accord with any law enacted by the respective region or state
hluttaws.”
In addition to the rights and
duties vested in them by the laws enacted by themselves, the self-administered
division and self-administered zone leading bodies are to exercise the rights
and duties entrusted to them under the provisions of the Constitution, the laws
that are still in force after the ratification of the constitution, the laws
enacted by the Pyidaungsu Hluttaw, and the hluttaws of the respective regions
and states. To have greater success and effectiveness in exercising the rights
and duties the chairman and the members of the leading bodies will have to share
the responsibilities among themselves. In doing so, the chairman and members of
the leading bodies will have collective as well as individual responsibility.
I have already explained the
duties of the self-administered division and self-administered zone leading
bodies. The bodies should have the right to duly inform the Union Government and
the region or state government concerned about the prevailing situation of their
territories, and the required additional funds and assistance on paper. Only
then will the Union Government and the region or state government concerned be
able to know the situation of the bodies and will provide necessary additional
funds and assistance.
Thus, the delegates will have to
discuss and suggest whether or not the following detailed basic principle should
be laid down:
The self-administered division or
self-administered zone leading body shall submit reports stating the general
situation of the territory to the Union Government and the region or state
government concerned.
The Union Government, the region
or state governments, and the self-administered division and self-administered
zone leading bodies will have to timely implement their tasks to benefit the
State and the people more. The Union Government from time to time will assign
duties to the region and state governments in the interest of the State and the
people, and the region and state governments will assign appropriate duties
occasionally to the self-administered division and self-administered zone
leading bodies.
The self-administered division or
self-administered zone leading bodies are to carry out the tasks assigned to
them by the Union Government and the region of state government concerned.
Thus, the delegates will have to
discuss and suggest whether or not the following detailed basic principle should
be laid down:
The self-administered division or
self-administered zone leading bodies shall carry out the tasks assigned
occasionally to them by the Union Government and region or state government
concerned.
The following are a collection of
points concerning the executive power of the self-administered division and
self-administered zone leading bodies and the rights and duties related to the
power that should be laid down as detailed basic principles:
1. Subject to provisions of the
Constitution, the self-administrative power of the self-administered division
and self-administered zone leading bodies extends to the following matters:
(a) with respect to which the
self-administered division and self-administered zone leading bodies has power
to make laws;
(b) with respect to which the
self-administered division and self-administered zone leading body has power to
make laws in accord with any law enacted by the Pyidaungsu Hluttaw; and
(c) with respect to which the
self-administered division and self-administered zone leading body has power to
make laws in accord with any law enacted by the respective region or state
hluttaws.
2. Self-administered division or
self-administered zone leading body has the duty to help the Union Government in
its drive to ensure stability of the State, community peace and tranquillity and
the rule of law.
3. The self-administered division
or the self-administered zone leading bodies shall
(a) subject to the policies of
the Union Government, draw work programmes for development of their territory
and shall coordinate the matter with the respective region government or state
government;
(b) draw annual budgets and
coordinate with the region or state government concerned in accord with the
provisions of the Constitution for approval;
(c) have the right to use the
allotted budget funds included in the budget law of the region or state
concerned;
(d) use the fund of the current
expenditure permitted within the last-enacted budget law of the hluttaw of the
region or state concerned if they cannot obtain the budget allotment in time due
to region or state hluttaw’s failure to enact the budget law in time.
4. Self-administered division and
self-administered zone leading bodies shall, in accord with the law, supervise
and coordinate the functions of civil service organizations discharging duties
in their territory.
5. The self-administered division
and self-administered zone leading bodies shall submit reports stating the
general situation of the territory to the Union Government and the region or
state government concerned.
6. The self-administered division
and self-administered zone leading bodies shall carry out the task assigned
occasionally to them by the Union Government and the region or state government
concerned.
The delegates will have to
discuss and suggest whether or not the detailed basic principle concerning the
executive power of the self-administered division and self-administered zone
leading bodies and the rights and duties related to the power should be laid
down.
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