The reports, papers and hluttaw records published by the Pyidaungsu Hluttaw or
under its authority shall be privileged

YANGON, 9 Jan— The following is a translation of suggestions of Delegate Group of National Races submitted to the plenary session of the National Convention by Daw San San Htay of Ayeyawady Division 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 5 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

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 But the functions and records restricted by a law or decisions of the Pyidaungsu Hluttaw shall not be published.

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.

If a bill initially presented at 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.

When the Pyidaungsu Hluttaw enacts a law, it shall entrust the right to issue rules, regulation and bylaws concerning the law to the Union level organizations formed according to the Constitution and authorize the respective organizations or authority to issue notifications, orders, directives and procedures.

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. 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.

If a decision is made to annul or amend any of the rules, regulations or bylaws, the decision shall be without prejudice, however, to the validity of any action previously taken under the rules, regulations or bylaws.

The Pyidaungsu Hluttaw 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 and 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.

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

When the President after issuing an ordinance having the force of law submits it to the Pyidaungsu Hluttaw for approval, the Pyidaungsu Hluttaw shall make a decision to approve it or not, and fix the ordinance’s expiary date if the Pyidaungsu Hluttaw approves the ordinance.

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 rules.

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 accord with the prescribed provisions for decision.

Except the bills that are prescribed by the Constitution to be discussed and decided exclusively at the Pyidaungsu Hluttaw, the bills submitted by the Union level organizations formed under the Constitution, to the Pyidaungsu Hluttaw shall be discussed initially at the Pyithu Hluttaw or the Amyotha Hluttaw according to the prescribed provisions.

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.

If there arises disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a bill, the bill should be discussed and approved at the Pyidaungsu Hluttaw.
The President shall sign the bills and shall promulgate them into law.

The President shall send a bill back to the Pyidaungsu Hluttaw together with his comments.

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.

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.

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.

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.

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.

Members of the organizations representing the Union level organizations formed under the Constitution while attending the Pyidaungsu Hluttaw with the permission of the Speaker shall explain the bills and other matters in connection with their respective organizations.

The Pyidaungsu Hluttaw Speaker shall supervise the Pyidaungsu Hluttaw sessions, invite the President, if the President informs him of his desire to address the Pyidaungsu Hluttaw, 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, and implement his other powers and functions designated by the constitution or any law.

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.

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.

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.

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.

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

In accordance with our paper on suggestions concerning the legislation of the Pyidaungsu Hluttaw we present a compilation of the detailed basic principles that should be adopted as follows;

(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 call 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 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 call 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 number of members 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 on 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 initially presented at 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.