Myanmar 2008 Constitution (reviewed 2015) - Page 6 of 21

Table of Contents

Chapter V. Executive

A. The Union Government

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The Executive Head of the Union is the President.
1. The executive power of the Union is distributed among the Union, Regions and States.
2. Self-Administered power is distributed among Self-Administered Areas as prescribed by the Constitution.

Part 1. Formation of the Union Government

The Union Government shall comprise the following persons:
1. The President;
2. Vice-Presidents;
3. Ministers of the Union;
4. The Attorney General of the Union.

Part 2. Formation of the National Defence and Security Council

The National Defence and Security Council led by the President, to enable it to discharge the duties assigned by the Constitution or any law, shall be formed with the following persons:
1. The President;
2. Vice-President;
3. Vice-President;
4. Speaker of the Pyithu Hluttaw;
5. Speaker of the Amyotha Hluttaw;
6. Commander-in-Chief of the Defence Services;
7. Deputy Commander-in-Chief of the Defence Services;
8. Minister for Defence;
9. Minister for Foreign Affairs;
10. Minister for Home Affairs;
11. Minister for Border Affairs.

Part 3. Powers and Functions of the President

1. The President, with the approval of the Pyidaungsu Hluttaw, may:
  1. designate the Ministries of the Union Government as necessary, and may make changes and additions to the ministries;
  2. designate the number of the Union Ministers as necessary, and may increase or decrease the number.
2. The President shall be responsible to the Pyidaungsu Hluttaw. The Vice-Presidents shall be responsible to the President and also to the Pyidaungsu Hluttaw through the President.
3. The President has:
  1. the power to grant a pardon;
  2. the power to grant amnesty in accord with the recommendation of the National Defence and Security Council.
4. The President may, in accord with the law, have:
  1. the power to confer honorary titles and awards; and
  2. the power to revoke conferred honorary titles and awards.
5. The President may establish or sever diplomatic relations with foreign countries with the approval of the Pyidaungsu Hluttaw. However, in situation which requires immediate action, the President may sever diplomatic relations with any foreign country after coordination with the National Defence and Security Council. The President shall submit that action to the Pyidaungsu Hluttaw for its approval.
6. The President, in accord with the law, may:
  1. appoint and recall the diplomats of its country;
  2. agree on the appointment of foreign diplomats and send information on the recall of diplomats;
  3. accept the letters of accreditation presented by foreign diplomats.
7. The President, in accord with the law, may appoint and dismiss Heads of the Bodies of Civil Services.
8. The President, in accord with the law:
  1. shall enter into, ratify or annul international, regional or bilateral treaties which require the approval of the Pyidaungsu Hluttaw, or revoke from such treaties;
  2. may enter into, ratify or annul international, regional or bilateral treaties which do not require the approval of the Pyidaungsu Hluttaw, or revoke from such treaties.
9. The President shall have the right to occasionally deliver an address or send a message to the session of the Pyidaungsu Hluttaw or the Amyotha Hluttaw, or to the entire country relating to the policies and general situation of the Union.
10. The President may intimate the Speaker of the Pyidaungsu Hluttaw to summon an emergency or special session of the Pyidaungsu Hluttaw, if necessary.

212

1. Except Union budget matters, the President shall have the right to promulgate an ordinance for administrative matters that need immediate action during the interval between sessions of the Pyidaungsu Hluttaw.
2. If the President has not revoked the ordinance promulgated under Sub-Section (a), he shall submit the ordinance for approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after the promulgation of the ordinance. If the Pyidaungsu Hluttaw is not in session, the President shall, within 60 days after the promulgation of such ordinance, summon a special session of the Pyidaungsu Hluttaw for approval.
3. The ordinance shall cease to have effect from the day on which it is not approved by the Pyidaungsu Hluttaw.
4. The ordinance promulgated by the President, with the approval of the Pyidaungsu Hluttaw, will continue to be in operation for the required period.
5. Notwithstanding that an ordinance has been already revoked within 60 days after its promulgation, it shall be submitted to the nearest session of the Pyidaungsu Hluttaw.
6. If an ordinance contains the provision to which the Pyidaungsu Hluttaw has no right to make a resolution in accord with the Constitution, the said provision shall cease to have effect.
The President:
1. shall have the right to take appropriate military action, in co-ordination with the National Defence and Security Council formed in accord with the Constitution, in case of aggression against the Union;
2. shall submit the action so taken to the Pyidaungsu Hluttaw for approval if it is in session, or to summon an emergency session to submit that matter for approval if the Pyidaungsu Hluttaw is not in session;
3. may declare war or make peace only with the assent of the Pyidaungsu Hluttaw.
The President shall take action in accord with the provisions of the Constitution and sign the laws passed and enacted by the Pyidaungsu Hluttaw. The said signed laws shall be promulgated in the Official Gazette.
The President shall not be answerable to either any Hluttaw or to any Court for the exercise of the powers and functions of his office or for any act done or purported to be done by him in the exercise of these powers and functions in accord with the Constitution or any law. However, the exemption does not deal with the provisions relating to impeachment of the President under the Constitution.

Part 4. The Executive Power of the Union Government

1. Subject to the provisions of the Constitution, the executive power of the Union extends to administrative matters over which the Pyidaungsu Hluttaw has power to make laws.
2. Subject to the provisions of the Constitution, the executive power of the Union shall be vested in the President. Nothing in this Section shall prevent the Pyidaungsu Hluttaw from conferring functions and powers upon any authoritative body or person, or be deemed to transfer to the President functions and powers vested in any administrative body or person concerned under the existing laws.

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1. All executive actions of the Union Government shall be taken as action in the name of the President.
2. The President shall, except in matters conferred on him by the Constitution to perform in his own discretion, have the right to issue necessary rules on matters to be performed by the Union Government, on allocation of the said matters to the Ministries of the Union Government, and on allocation to the person responsible to act under any law.
3. Orders and instruments executed in the name of the President shall be in accord with the manners of the prescribed rules issued by the President. Moreover, the validity of such order or instruments shall not be called in question on the ground that it was not done by the President.
4. The President may, without prejudice to the generality of the provisions of Sub-Sections (a), (b) and (c) of this Section, allocate his duties regionally or according to the functions of the Government department.
The Union Government preserves stability of the Union, community peace and tranquility and prevalence of law and order.
The Union Government shall promulgate its policies in accord with the provisions of the Constitution. The necessary projects have to be drawn in accord with the said policies and shall be implemented with the approval of the Pyidaungsu Hluttaw.
The Union Government shall draft the Union Budget Bill based on the annual Union budget, after coordinating with the Financial Commission, and submit it for approval to the Pyidaungsu Hluttaw in accord with the provisions of the Constitution.
The Union Government shall, if the Pyidaungsu Hluttaw is unable to promulgate the Union Budget Bill before the end of the Budget Year, expend within the framework of the general expenditure included in the last-enacted Budget Law of the Pyidaungsu Hluttaw.
The Union Government may, relating to the matters which may be enacted into law by the Pyidaungsu Hluttaw in accord with the provisions of the Constitution, submit the Bill to the Pyidaungsu Hluttaw.
The Ministries of the Union Government shall, in carrying out the functions of their subordinate governmental departments and organizations, manage, guide, supervise and inspect in accord with the provisions of the Constitution and the existing laws.
In carrying out functions of the Region Government, the State Government, and the Leading Bodies of Self-Administered Division and Self-Administered Zone, the Union Government co-operates and co-ordinates with them to be effective and successful.
The Union Government, with the exception of Constitutional disputes and the disputes over territorial re-delineation shall:
1. mediate and if necessary, decide, on disputes over administration between the Region and State, among Regions, among States, between Region or State and Self-Administered Area, among Self-Administered Areas; and
2. mediate and if necessary, decide, on disputes over administration between the Region or State and Union territory, between Self-Administered Area and Union territory.
The Union Government, in accord with the law:
1. may form Civil Services organizations relating to the Union as necessary. In so forming, the functions and powers shall be prescribed;
2. may appoint the required civil service personnel.
The Union Government shall:
1. implement the administrative resolutions passed occasionally by the Pyidaungsu Hluttaw and report back the actions which have been taken to the Pyidaungsu Hluttaw;
2. submit occasionally matters relating to the general situation of the Union to the Pyidaungsu Hluttaw.

Part 5. Formation of the Financial Commission

229

The Financial Commission shall be formed with the following persons:
1. The President – Chairperson
2. Vice-Presidents – Vice-Chairpersons
3. The Attorney-General of the Union – Member
4. The Auditor-General of the Union – Member
5. Chief Ministers of the Regions and States – Members
6. The Nay Pyi Taw Council Chairperson – Member
7. The Minister of Finance of the Union – Secretary
1. In forming the Financial Commission, the President may appoint a suitable person as a temporary member if there is vacancy for any reason.
2. The President shall promulgate the formation of the Financial Commission. Moreover, necessary orders or directives, so forth, for the Financial Commission may be promulgated either by the President or the person assigned by him.

Part 6. Duties and Functions of the Financial Commission

230

The budgets of the Union Ministries and Union level organizations are to be vetted by a Vice-President assigned by the President, and the estimated budgets of the Union level organizations including the Union Ministries are to be submitted to the Financial Commission.
The budgets of the Region or State are to be vetted by the other Vice-President assigned by the President, and the estimated budgets of the Region or State are to be submitted to the Financial Commission.
The Financial Commission shall:
1. submit to the Pyidaungsu Hluttaw with recommendation for the Union Budget which includes the expenditure of the Union territory, a supplementary finance as suitable to the Regions or States from the Union Fund, giving grants as a special matter and permitting loans;
2. to advise financial matters that should be undertaken;
3. carry out the duties assigned by the Pyidaungsu Hluttaw through the promulgation of law for the emergence of a substantial financial system.
The Financial Commission shall submit with recommendation to the President, the Bill of Union Budget, which includes Union Budget, the distribution of suitable funds from Union Fund accounts to Regions or States, the provisions or funds as a special case and disbursing of necessary loans for submission them to the Pyidaungsu Hluttaw.
The Financial Commission may, if necessary, seek advice from financial experts.

Part 7. Taxes and revenues to be paid to the Union Fund

231

The Union shall, with the exception of the taxes and revenues listed in Schedule Five to be collected by Regions or States, collect all other taxes and revenues in accord with the law and deposit them in the Union Fund.
If it is necessary to collect designated receipts or incomes and taxes and revenues to be collected by the Regions or States for the Union territories, the Union shall collect them in accord with the law and deposit them in the Union Fund.
The Union has the right to expend the Union Fund in accord with the law.

B. The Union Ministers and the Deputy Ministers

Part 1. Appointment of the Union Ministers

232

The President shall appoint the Union Ministers who possess the following qualifications:
1. person who has attained the age of 40 years;
2. person who has qualifications, with the exception of age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120;
3. person whose qualifications does not breach the provisions under Section 121 which disqualify the person from standing for election as the Pyithu Hluttaw representative;
4. person loyal to the Union and its citizens.
In order to appoint the Union Ministers, the President shall:
1. select suitable persons who have qualifications prescribed in Sub-Section (a) from among the Hluttaw representatives or persons who are not Hluttaw representatives;
2. obtain a list of suitable Defence Services personnel nominated by the Commander-in-Chief of the Defence Services for Ministries of Defence, Home Affairs and Border Affairs;
3. co-ordinate with the Commander-in-Chief of the Defence Services if he desires to appoint the Defence Services personnel as Union Ministers for other Ministries apart from Ministries of Defence, Home Affairs and Border Affairs.
The President shall compile the list of persons selected by him and the list of the Defence Services personnel nominated by the Commander-in-Chief of the Defence Services and submit them to the Pyidaungsu Hluttaw for its approval.
The appointment of a person as a Union Minister nominated by the President shall not be refused by the Pyidaungsu Hluttaw unless it can clearly be proved that the person concerned does not meet the qualifications of the Union Minister.
The President has the right to submit again the list with a new name replacing the one who has not been approved by the Pyidaungsu Hluttaw for the appointment of a Union Minister.
The President shall appoint the persons who have been approved by the Pyidaungsu Hluttaw as Union Ministers. In doing so, the President shall designate Ministry or Ministries for each Union Minister to take responsibility.
The President shall intimate the Pyidaungsu Hluttaw whenever he appoints Union Ministers.
The Union Ministers shall be responsible to the President.
If the Union Minister is a representative of a Hluttaw, it shall be deemed that he has resigned from the day he is appointed as a Union Minister.
1. If the Union Minister is a Civil Services personnel, it shall be deemed that he has retired according to the existing civil service rules and regulations from the day he is appointed as a Union Minister.
2. The Defence Services personnel who are appointed as Union Ministers for the Ministries of Defence, Home Affairs and Border Affairs are not required to retire or resign from the Defence Services.
If the Union Minister is a member of any political party, he shall not take part in its party activities during the term of office from the day he is appointed as a Union Minister.

Part 2. Impeachment of the Union Minister

233

Any Union Minister may be impeached on any of the following reasons:
1. high treason;
2. breach of any provision of the Constitution;
3. misconduct;
4. disqualification of qualification of the Union Minister prescribed in the Constitution;
5. inefficient discharge of duties assigned by law.
If there is a need to impeach any Union Minister, the same procedure for the impeachment of the President or Vice-President under Section 71 shall be applied.
The President shall remove the impeached Union Minister from office when the Hluttaw that had made an investigation had resolved and submitted to the President that the charge has been substantiated and the Union Minister is unfit to continue in office.
If the Hluttaw concerned resolves that the charge has failed, the Speaker of the Hluttaw shall report the resolution to the President.

Part 3. Appointment of Deputy Ministers

234

The President shall appoint the persons, from among Hluttaw representatives or from those who are not Hluttaw representatives, possessing the following qualifications, as Deputy Ministers to assist the Union Ministers:
1. persons who have attained the age of 35 years;
2. persons who have qualifications, with the exception of the age limit, prescribed in Section 120 for Pyithu Hluttaw representatives;
3. persons whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives;
4. persons loyal to the Union and its citizens.
The President shall, to appoint the Deputy Ministers for Ministries of Defence, Home Affairs and Border Affairs, have the list of suitable Defence Services personnel nominated by the Commander-in-Chief of the Defence Services.
The President shall co-ordinate with the Commander-in-Chief of the Defence Services if he desires to appoint the Defence Services personnel as the Deputy Ministers of other Ministries apart from the Ministries of Defence, Home Affairs and Border Affairs.
The President shall designate Ministries for each Deputy Minister to take responsibility.
The Deputy Ministers shall be responsible to the relevant Union Minister, and to the President through the relevant Union Minister.
If the Deputy Minister is a representative of a Hluttaw or a Civil Services personnel or a Defence Services personnel, or a member of a political party, the provisions of Sub-Sections (i), (j) and (k) of Section 232 shall be applied. Term of office, resignation, termination of duties and filling vacancy of the Union Ministers and Deputy Ministers

Part 4. Term of office, resignation, termination of duties and filling vacancy of the Union Ministers and Deputy Ministers

235

The term of the Union Minister and Deputy Minister is the same as that of the President.
The Union Minister or Deputy Minister may resign from office on his own volition due to a certain reason before the expiry of his term of office, after submitting his written resignation to the President.
The President:
1. may direct any Union Minister or Deputy Minister who cannot discharge his duties efficiently to resign. If he fails to comply, he shall be terminated from his duties;
2. shall co-ordinate with the Commander-in-Chief of the Defence Services if it relates to a Defence Services personnel who is a Minister or Deputy Minister to resign or remove from office.
If the office of the Union Minister or Deputy Minister becomes vacant due to resignation, removal from office, death or any other reason, the President shall have the right to appoint and assign duties to a new Union Minister or Deputy Minister in accord with the provisions of the Constitution relating to the appointment of the Union Minister or Deputy Minister. The term of office of the newly appointed Union Minister or Deputy Minister shall be the same as the remaining term of the President.
1. When the President before the expiry of his term in office, has appointed the Union Ministers or Deputy Ministers, and the President’s office is vacant due to resignation or death or any other reason, the Union Ministers and the Deputy Ministers shall continue to perform their duties until the new elected President has appointed and assigned duties to the new Union Ministers or Deputy Ministers.
2. The term of the newly appointed Union Ministers and Deputy Ministers shall be up to the expiry of the remaining term of the new President.
Duties, powers and rights of the Union Minister and Deputy Ministers shall be prescribed by law.

Part 5. The Attorney General of the Union and the Deputy Attorney General

The Attorney General of the Union shall be called the Attorney General of the Union.

Part 6. The appointment of the Attorney General of the Union

237

The President, with the approval of the Pyidaungsu Hluttaw, shall appoint a person, from among Hluttaw representatives or persons who are not Hluttaw representatives having the following qualifications as the Attorney-General of the Union to obtain legal advice and assign duties on legal matters:
1. person who has attained the age of 45 years;
2. person who has qualifications, with the exception of age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120;
3. person whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as the Pyithu Hluttaw representatives;
4. 1. person who has served as a Judge of the Region or State High Court for at least five years; or
  2. person who has served as a judicial officer or law officer for at least 10 years not lower than that of the Region or State Level;
  3. person who has practised as an advocate for at least 20 years;
  4. person who is, in the opinion of the President, as an eminent jurist;
5. person who is loyal to the Union and its citizens.
The appointment of a person as the Attorney-General of the Union by the President shall not be refused by the Pyidaungsu Hluttaw unless it can clearly be proved that the person concerned does not meet the qualification of the Attorney-General of the Union.
The President has the right to submit again the list with a new name replacing the one who has not been approved by the Pyidaungsu Hluttaw for the appointment of a person as the Attorney-General of the Union.
The Attorney-General of the Union is a member of the Union Government.
The Attorney General of the Union shall be responsible to the President.
If the Attorney General of the Union is a representative of a Hluttaw, it shall be deemed that he has resigned from the day he is appointed as Attorney General of the Union.
If the Attorney General of the Union is a Civil Services personnel, it shall be deemed that he has retired according to the existing civil service rules and regulations from the day he is appointed as the Attorney General of the Union.
If the Attorney General of the Union is a member of any political party, he shall not take part in its party activities during the term of office from the day he is appointed as the Attorney General of the Union.

Part 7. Impeachment of the Attorney General of the Union

If there is a need to impeach the Attorney General of the Union, the same procedure for the impeachment of the Union Minister under Section 233 shall be applied.

Part 8. Appointment of the Deputy Attorney General

239

The President shall appoint, in his own volition, the persons from among the Hluttaw representatives or from among those who are not Hluttaw representatives who have the following qualifications, as Deputy Attorney General to assist the Attorney General of the Union:
1. person who has attained the age of 40 years;
2. person who has qualifications, with the exception of age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120;
3. persons whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives;
4. 1. person who has served as a Judge of the Region or State High Court for at least five years; or
  2. person who has served as a judicial officer or law officer for at least 10 years not lower than that of the Region or State Level; or
  3. person who has practised as an advocate for at least 15 years;
  4. person who is, in the opinion of the President, as an eminent jurist;
5. person who is loyal to the Union and its citizens.
The Deputy Attorney-General shall be responsible to the Attorney-General of the Union and to the President through the Attorney-General of the Union.
If the Deputy Attorney-General of the Union is a representative of a Hluttaw or a Civil Services personnel or a member of a political party, the provisions of Sub-Sections (f), (g) and (h) of Section 237 shall be applied. Term of office, resignation, termination of office, filling the vacancy of the Attorney-General of the Union and the Deputy Attorney-General

Part 9. Term of office, resignation, termination of office, filling the vacancy of the Attorney-General of the Union and the Deputy Attorney-General

240

The term of the Attorney-General of the Union and the Deputy Attorney-General is normally the same as that of the President.
The Attorney-General of the Union or the Deputy Attorney-General may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the President.
The President may direct to resign the Attorney-General of the Union or the Deputy Attorney-General who cannot discharge his duties efficiently. If either of them fails to comply, he shall be terminated from his duties.
If the office of the Attorney-General of the Union or the Deputy Attorney-General becomes vacant due to resignation, removal from office, death or any other reason, the President shall have the right to appoint and assign duties to a new Attorney-General of the Union or the Deputy Attorney-General in accord with the provisions of the Constitution relating to the appointment of the Attorney-General of the Union or the Deputy Attorney-General. The term of the newly appointed Attorney-General of the Union or the Deputy Attorney-General shall be the same as the remaining term of office of the President.
1. When the President before the expiry of his term in office, has appointed the Attorney-General of the Union and the Deputy Attorney-General, and the President’s office is vacant due to resignation or death or any other reason, the Attorney-General of the Union or the Deputy Attorney-General may be continued to be assigned or shall continue to perform their duties until the new elected President has appointed and assigned duties to the new Attorney-General of the Union or the Deputy Attorney-General in accord with the provisions of the Constitution.
2. The term of the new appointed Attorney-General of the Union and the Deputy Attorney-General shall be up to the expiry of the remaining term of the new President.
Duties, powers and rights of the Attorney-General of the Union and the Deputy Attorney-General shall be prescribed by law.

Part 10. Auditor-General of the Union and the Deputy Auditor-General

The Auditor-General of the Union shall be called the Auditor-General of the Union.

Part 11. Appointment of the Auditor-General of the Union

242

The President, with the approval of the Pyidaungsu Hluttaw, shall appoint a person from among Hluttaw representatives or from among those who are not Hluttaw representatives, who has the following qualifications, as the Auditor-General of the Union so as to audit Union Budget and report thereon to the Pyidaungsu Hluttaw:
1. person who has attained the age of 45 years;
2. person who has qualifications, with the exception of the age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120;
3. persons whose qualification does not breach the provisions in Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives;
4. 1. person who has served as an auditor for at least 10 years not lower than that of the Region or State Level; or
  2. person who has served as a Registered Accountant or a Certified Public Accountant for at least 20 years; or
  3. person who is, in the opinion of the President, as a eminent accountant, statistician or economist.
5. person who is loyal to the Union and its citizens.
The person nominated by the President to be appointed as the Auditor-General of the Union shall not be refused by the Pyidaungsu Hluttaw unless it can clearly be proved that the person concerned does not meet the qualification to be the Auditor-General of the Union.
The President has the right to submit again the list with a new name replacing the one who has not been approved by the Pyidaungsu Hluttaw for the appointment of the Auditor-General of the Union.
The Auditor-General of the Union shall be responsible to the President.
If the Auditor-General of the Union is a Hluttaw representative, it shall be deemed that he has resigned from the day he is appointed as the Auditor-General of the Union.
If the Auditor-General of the Union is a Civil Services personnel, it shall be deemed that he has retired according to the existing civil service rules and regulations from the day he is appointed as the Auditor-General of the Union.
If the Auditor-General of the Union is a member of any political party, he shall not take part in its party activities during the term of office from the day he is appointed as Auditor-General of the Union.

Part 12. Impeachment of the Auditor-General of the Union

If there is a need to impeach the Auditor-General of the Union, the same procedure for the impeachment of the Union Minister under Section 233 shall be applied.

Part 13. Appointment of the Deputy Auditor-General

244

The President shall appoint, in his own volition, the persons from among the Hluttaw representatives or from those who are not Hluttaw representatives, who have the following qualifications, as the Deputy Auditor-General to assist the Auditor-General of the Union:
1. person who has attained the age of 40 years;
2. person who has qualifications, with the exception of age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120;
3. persons whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives;
4. 1. person who has served as an auditor for at least 10 years not lower than that of the Region or State Level; or
  2. person who has served as a Registered Accountant or a Certified Public Accountant for at least 15 years; or
  3. person who is, in the opinion of the President, as an eminent accountant, statistician or economist.
5. person who is loyal to the Union and its citizens.
The Deputy Auditor-General shall be responsible to the Auditor-General of the Union and the President through the Auditor-General of the Union.
If the Deputy Auditor-General of the Union is a representative of a Hluttaw or civil service personnel or member of a political party, the provisions of Sub-Sections (e), (f) and (g) of Section 242 shall be applied.

Part 14. Term of office, resignation, termination of office, filling the vacancy of the Auditor-General of the Union and the Deputy Auditor-General

245

The term of the Auditor-General of the Union and the Deputy Auditor-General is normally the same as that of the President.
The Auditor-General of the Union or the Deputy Auditor-General may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the President.
The President may direct to resign the Auditor-General of the Union or the Deputy Auditor-General who cannot discharge his duties efficiently. If either of them fails to comply, he shall be terminated from his duties.
If the office of the Auditor-General of the Union or the Deputy Auditor-General becomes vacant due to resignation, removal from office, death or any other reason, the President shall have the right to appoint and assign duties to a new Auditor-General of the Union or the Deputy Auditor-General in accord with the provisions of the Constitution relating to the appointment of the Auditor-General of the Union or the Deputy Auditor-General. The term of the newly appointed Auditor-General of the Union or the Deputy Auditor-General shall be the same as the remaining term of the President.
1. When the President before the expiry of his term in office, has appointed the Auditor-General of the Union and the Deputy Auditor-General, and the President’s office is vacant due to resignation or death or any other reason, the Auditor-General of the Union or the Deputy Auditor-General may be continued to be assigned or shall continue to perform their duties until the new elected President has appointed and assigned duties to the new Auditor-General of the Union or the Deputy Auditor-General in accord with the provisions of the Constitution.
2. The term of the new appointed Auditor-General of the Union or the Deputy Auditor-General shall be up to the expiry of the remaining term of the new President.
Duties, powers and rights of the Auditor-General of the Union and the Deputy Auditor-General shall be prescribed by law.

Part 15. Formation of the Union Civil Services Board

246

The President shall form the Union Civil Services Board to enable to perform the duties of selecting, training the Civil services personnel and prescribing of Civil Service regulations.
The President shall appoint the persons who have the following qualifications as the Chairperson and Members of the Union Civil Services Board:
1. person who has attained the age of 50 years;
2. person who has qualifications, with the exception of the age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120;
3. persons whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives;
4. experienced intelligentsia and intellectuals;
5. person who is loyal to the Union and its citizens;
6. person who is not a member of a political party;
7. person who is not a Hluttaw representative.
If the Chairperson and members of the Union Civil Services Board are Civil Services personnel, it shall be deemed that they have retired according to the existing Civil Services rules and regulations from the day they are appointed as Chairperson and Members of the Union Civil Services Board of the Union.
The Chairperson of the Union Civil Services Board shall be responsible to the President, and members of the Union Civil Services Board shall be responsible to the President through the Chairperson of Union Civil Services Board.
The term of the Chairperson and members of the Union Civil Services Board is normally the same as that of the President.
Formation of the Union Civil Services Board, duties, powers and rights of the Chairperson and Members, resignation and termination of duties shall be prescribed by law.

Part 16. The Region Government or the State Government

247

The Head of the Region or State shall be called the Chief Minister of the Region or State.
The Member of the Region or State Government shall be called the Minister of the Region or State.

Part 17. Formation of the Region Government or State Government

248

The Region Government is formed in the Region and State Government is formed in the State respectively.
The Region or State Government is formed with the following persons:
1. the Chief Minister of the Region or State;
2. the Ministers of the Region or State;
3. the Advocate General of the Region or State.
The President, with the approval of the Region or State Hluttaw concerned, may:
1. specify the Region or State Ministries as may be necessary. Moreover, he may make changes and additions to the specified Ministries;
2. specify the number of the Ministers of the Region or State as may be necessary. Moreover, the specified number may be increased or decreased.

Part 18. Executive powers of the Region or State Government

Subject to the provisions of the Constitution, the executive power of the Region or State Government extends to the administrative matters which the Region or State Hluttaw has power to make laws. Moreover, it also extends to the matters which the Region or State Government is permitted to perform in accord with any Union Law.
The Region or State Government shall have the responsibility to assist the Union Government in the preservation of the stability of the Union, community peace and tranquillity and prevalence of law and order.
The Region or State Government shall, subject to the policies adopted by the Union Government and Union Laws, implement projects that are to be undertaken in the Region or State with the approval of the Region or State Hluttaw concerned.
The Region or State Government shall, in accord with the provisions of the Constitution, submit the Region or State Budget Bill based on the annual Union Budget to the Region or State Hluttaw concerned.
The Region or State Government shall, if the Region or State Budget Bill is unable to promulgate before the end of the Budget year, expend within the framework of the general expenditure included in the last-enacted Budget Law of the Region or State Hluttaw.

Part 19. Charges and Taxes to be Collected by the Region or State Government

254

The Region or State shall collect the taxes and revenues listed in Schedule Five in accord with law and deposit them in the Region or State fund.
The Region or State has the right to expend the Region or State fund in accord with the law.

The Region or State Government, in accord with the provisions of the Constitution, may submit the necessary Bill relating to matters listed in Schedule Two of the Region or State Legislative List to the Region or State Hluttaw.
The Region or State Government:
1. shall, in carrying out the functions of the Region or State Ministries, their subordinate governmental departments and organizations, manage, guide, supervise and inspect in accord with the provisions of the Constitution and the existing laws;
2. may, relating to the performance of the civil service organizations discharging duties in their Region or State concerned, supervise, inspect and coordinate in accord with the law.
The Region or State Government may, for enabling the performance of the functions to be carried out in accord with the Union Law for Civil Services and in co-ordination with the Union Government in advance:
1. form Civil Services organizations relating to the Region or State as necessary;
2. appoint the required number of Civil Services personnel.
The Region or State Government shall:
1. implement the administrative resolutions passed occasionally by the Region or State concerned and report back the actions which has taken to the Region or State Hluttaw concerned;
2. submit the report on the general situations of its area to the Union Government and to the Region or State Hluttaw concerned.
The Region or State Government shall discharge the functions occasionally assigned by the Union Government.

Part 20. Office of the Region or State Government

The Head of the General Administration Department of the Region or State is the ex-officio Secretary of the Region or State Government concerned. Moreover, the General Administration Department of the Region or State is the Office of the Region or State Government concerned.

C. Chief Minister of the Region or State

Part 1. Appointment of the Chief Minister of the Region or State

261

The Chief Minister of the Region or State shall have the following qualifications:
1. person who has attained the age of 35 years;
2. person who has qualifications, with the exception of the age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120;
3. person whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives;
4. person who is loyal to the Union and its citizens.
In order to appoint the Chief Minister of the Region or State concerned, the President shall:
1. select a suitable Hluttaw representative who has the prescribed qualifications from among the Region or State Hluttaw representatives concerned;
2. submit the list of the elected Hluttaw representatives to the Region or State Hluttaw concerned for its approval.
The President shall appoint the Hluttaw representative approved by the Region or State Hluttaw as the Chief Minister of the Region or State concerned.
The appointment of a person as a Chief Minister of the Region or State nominated by the President shall not be refused by the Region or State Hluttaw unless it can clearly be proved that the person concerned does not meet the qualifications of the Chief Minister of the Region or State.
The President has the right to submit again the list with a new name replacing the one who has not been approved by the Region or State Hluttaw for the appointment of the Chief Minister.

D. Ministers of the Region or Ministers of the State

Part 1. Appointment of the Ministers of the Region or Ministers of the State

262

The Chief Minister of the Region or State shall:
1. select suitable persons who have prescribed qualifications under Sub-Section (a) of Section 261, from among the Region or State Hluttaw representatives or from among persons who are not Hluttaw representatives concerned;
2. request for a list of suitable Defence Services personnel nominated by the Commander-in-Chief of the Defence Services to assign responsibilities of Security and Border Affairs;
3. obtain a list of Chairpersons of Leading Bodies of the Self-Administered Division or the Self-Administered Zone in the Region or State concerned;
4. obtain the list of Hluttaw representatives elected to carry out the affairs of National races in the Region or State concerned from the relevant Election Commission.
The Chief Minister of the Region or State shall compile the list of persons selected by him and the list of the Defence Services personnel nominated by the Commander-in-Chief of the Defence Services and submit them to the Region or State Hluttaw concerned for its approval.
The appointment of a person as a Minister of the Region or State nominated by the Chief Minister of the Region or State shall not be refused by the Region or State Hluttaw unless it can clearly be proved that the person concerned does not have the qualifications of the Minister of the Region or State.
The Chief Minister of the Region or State has the right to submit again the list with a new name replacing the one who has not been approved by the Region or State Hluttaw for the appointment of a Minister of the Region or State.
The Chief Minister of the Region or State shall submit the list of persons who are approved by the Region or State Hluttaw or Chairpersons of the Self-Administered Division or Self-Administered Zone and the list of persons who are representatives elected to undertake the affairs of National races to appoint as the Ministers of the Region or State to the President.
The President shall appoint the persons who have been approved by the Chief Minister of the Region or State as Ministers of the Region or State. In doing so, he shall, in co-ordination with the Chief Minister of the Region or State concerned, designate the Ministry or Ministries which each Region or the State Minister to take responsibility.
The President shall:
1. assign duties to the Chairpersons of the Self-Administered Division and the Self-Administered Zone who are the Ministers of the Region or State, to perform the affairs of the Self-Administered Division or Self-Administered Zone concerned;
2. assign duties to the Hluttaw representatives who are the Ministers of the Region or State, to perform the affairs of National races concerned.
The President shall relax the prescribed age limit under the Constitution in appointing the Minister of the Region or State, the Chairperson of the Self-Administered Division or the Self-Administered Zone or elected Hluttaw representative to perform the affairs of National races concerned.
The President may, in co-ordination with the Chief Minister, appoint Ministers for the Self-Administered Division or the Self-Administered Zone or Ministers for National races affairs as Ministers concurrently in charge of other Ministries.
The Chief Minister of the Region or State shall, if he wishes to assign the Defence Services personnel as the Region or State Ministers for other duties apart from security and border affairs, obtain their list from the Commander-in-Chief of the Defence Services with the approval of the Region or State Hluttaw concerned, submit it to the President.
The President shall intimate the appointments of the Chief Minister and Ministers of the Region or State to the Region or State Hluttaw concerned and Pyidaungsu Hluttaw.
1. The Chief Minister of the Region or State shall be responsible to the President.
2. The Ministers of the Region or State shall be responsible to the Chief Minister of the Region or State concerned and to the President through the Chief Minister of the Region or State concerned.
The term of the Chief Minister and Ministers of the Region or State is the same as that of the President.
1. If the Minister of the Region or State is a Civil Services personnel, it shall be deemed that he has retired according to the existing Civil Services rules and regulations from the day he is appointed as Minister of the Region or State.
2. The Defence Services personnel who are appointed as Ministers of the Region or State for Ministries of Security and Border Affairs are not required to retire or resign from the Defence Services.

Part 2. Impeachment of the Chief Minister of the Region or State or any Minister

263

The Chief Minister of the Region or State or any Minister, may be impeached for one of the following reasons:
1. high treason;
2. breach of any of the provisions of the Constitution;
3. misconduct;
4. disqualification of qualification of the Chief Minister or Minister of the Region or State prescribed in the Constitution;
5. inefficient discharge of duties assigned by law.
If there is a need to impeach the Chief Minister or any of the Ministers of the Region or State, a charge signed by not less than one-fourth of the total number of representatives of either the Region or State Hluttaw concerned shall be submitted to the Speaker of the Hluttaw concerned.
The Speaker of the Hluttaw concerned shall form a body of investigation to investigate the charge. The term of the completion of the investigation shall be determined on the volume of work.
When the charge is being investigated, the Chief Minister or Minister of the Region or State shall have the right to defend himself in person or through a representative.
1. If an Investigation Body submits its investigation concerning the impeachment of the Chief Minister or any Minister of the Region or State by the Region or State Hluttaw concerned, the Speaker of the Hluttaw shall submit it to the relevant Region or State Hluttaw.If, after the investigation, on submitting the findings of the charge has been substantiated and that Chief Minister or any Minister of the Region or State is unfit to continue in office by not less than two-thirds of the total number of representatives of the Hluttaw concerned which investigated, the Speaker shall submit the resolution to the President.
2. The President, upon receipt of the report, shall remove the impeached Chief Minister or Minister of the Region or State.
3. If the Hluttaw concerned resolves that the charge has been failed, the Speaker of the Hluttaw shall submit the resolution to the President.

Part 3. Resignation, termination of office, filling the vacancy of the Chief Minister or Minister of the Region or State

264

The Chief Minister or any Minister of the Region or State may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the President.
The President shall:
1. direct to resign the Chief Minister or Minister of the Region or State who cannot discharge his duties efficiently. If he fails to comply, he shall be terminated from his duties;
2. co-ordinate with the Commander-in-Chief of the Defence Services concerning the Defence Services personnel who is Minister of the Region or State who has to resign or be terminated from his duties.
If the office of the Chief Minister or Ministers of the Region or State becomes vacant due to resignation, removal from office, death or any other reason, the President shall have the right to appoint and assign duties to a new Chief Minister of the Region or State in accord with the provisions of the Constitution relating to the appointment of the Chief Minister or Ministers of the Region or State. The term of the newly appointed Chief Minister or Ministers of the Region or State shall be the same as the remaining term of the President.
Duties, powers and rights of the Chief Minister and Ministers of the Region or State shall be prescribed by law.

Part 4. Advocate-General of the Region or Advocate-General of the State

The Advocate-General of the Region or the Advocate-General of the State shall be called the Advocate-General of the Region or the Advocate-General of the State.

Part 5. The Appointment of the Advocate-General of the Region or State

266

The Chief Minister of the Region or State shall, with the approval of the Region or State Hluttaw concerned, appoint a person from among the Region or State Hluttaw representatives or from those who are not the Hluttaw representatives having the following qualifications as the Advocate General of the Region or State to obtain legal advice and assign duties on legal matters:
1. person who has attained the age of 40 years;
2. person who has qualifications, with the exception of age limit, as the Pyithu Hluttaw representatives, prescribed in Section 120;
3. persons whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives;
4. 1. person who has served as a judicial officer or law officer for at least five years not lower than that of the Region or State High Court; or person who has served as a judicial officer or law officer for at least 10 years not lower than that of the District Level;
  2. person who has been an advocate for at least 15 years.
5. person loyal to the Union and its citizens.
The President, with the approval of the Hluttaw shall appoint a person from among Hluttaw representatives as the Advocate-General of the Region or State.
The appointment of a person as the Advocate-General of the Region or State nominated by the Chief Minister of the Region or State, to be appointed as the Advocate-General of the Region or State shall not be refused by the Region or State Hluttaw concerned unless it can clearly be proved that the person concerned does not meet the qualifications of the Advocate-General of the Region or State.
The Chief Minister of the Region or State has the right to submit again the list for the appointment of a person as the Advocate-General of the Region or State to the Region or State Hluttaw concerned instead of the one who has not been approved by the Region or State Hluttaw.
The Advocate-General of the Region or State is a member of the Government of the Region or State concerned.
The Advocate-General of the Region or State shall:
1. be responsible to the President through the Chief Minister of the Region or State concerned;
2. be responsible to the relevant Advocate-General of the Union or the relevant Chief Minister of the Region or State.

Part 6. Impeachment of the Advocate-General of the Region or State

If there is a need to impeach the Advocate-General of the Region or State, the same procedure for the impeachment of the Chief Minister or any Minister of the Region or State under Section 263 shall be applied.

Part 7. Resignation, termination of office, filling vacancy of the Advocate-General of the Region or State

The Advocate-General of the Region or State is, subject to provisions of Sections 262 (n) and 264 prescribed for the relevant Chief Minister or the relevant Ministers of the Region or State concerning resignation, termination of office, filling the vacancy and deeming the person to have retired in case he is a Civil Services personnel.
Duties, powers and rights of the Advocate-General of the Region or State shall be prescribed by law.

Part 8. Auditor-General of the Region or Auditor-General of the State

The Auditor-General of the Region or State shall be called the Auditor-General of the Region or Auditor-General of the State.

Part 9. Appointment of the Auditor-General of the Region or the Auditor-General of the State

271

The Chief Minister of the Region or State shall appoint a person from Hluttaw representatives or from those who are not Hluttaw representatives, who has the following qualifications, with the approval of the relevant Region or State Hluttaw as the Auditor-General of the Region or State so as to audit the Region or State budget and report it:
1. person who has attained the age of 40 years;
2. person who has qualifications, with the exception of age limit, as the Pyithu Hluttaw representatives prescribed in Section 120;
3. persons whose qualifications does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives;
4. 1. person who has served as an auditor of the Region or State for at least five years not lower than that of the Region or State Level; or person who has served as an auditor at least 10 years not lower than that of the District Level; or
  2. person who has served as a Registered Accountant or a Certified Public Accountant for at least 15 years;
5. person who is loyal to the Union and its citizens.
The President shall appoint the person submitted by the relevant Chief Minister of the Region or State with the approval of the Hluttaw concerned as the Auditor-General of the Region or State.
The person nominated by the Chief Minister of the Region or State concerned to be appointed as the Auditor-General of the Region or State shall not be refused by the Region or State Hluttaw concerned unless it can clearly be proved that the person concerned is not qualified to be the Auditor-General of the Region or State.
The Chief Minister of the Region or State has the right to submit again the new list for the appointment of a person as the Auditor-General of the Region or State to the Region or State Hluttaw concerned instead of the one who has not been approved by the Region or State Hluttaw.
The Auditor-General of the Region or State shall:
1. be responsible to the President through the Chief Minister of the Region or State concerned;
2. be responsible to the Auditor-General of the Union and to the Chief Minister of the Region or State concerned.

Part 10. Impeachment of the Auditor-General of the Region or the Auditor-General of the State

If there is a need to impeach the Auditor-General of the Region or State, the same procedure for the impeachment of the Chief Minister or any Minister of the Region or State under Section 263 shall be applied.

Part 11. Resignation, termination of office, filling the vacancy of the Auditor-General of the Region or the Auditor-General of the State

The Auditor-General of the Region or State is, subject to provisions of Section 264 prescribed for the Chief Minister or Ministers of the Region or State concerning resignation, termination of office, filling the vacancy and deeming as the person to have retired in case he is a Civil Services personnel.
Duties, powers and rights of the Auditor-General of the Region or State shall be prescribed by law.

Part 12. Administrative Body of the Self-Administered Division or Self-Administered Zone

The Administrative Body of Self-Administered Division or Self-Administered Zone shall be called the leading body of the Self-Administered Division or leading body of the Self-Administered Zone.

Part 13. Formation of Leading Bodies of the Self-Administered Division and the Self-Administered Zone

276

Being Self-Administered Areas, the Self-Administered Division and the Self-Administered Zones are of equal status.
Leading Bodies of the Self-Administered Division and the Self-Administered Zone are formed respectively in each and every Self-Administered Division and the Self-Administered Zone. Such Leading Bodies exercise legislative power vested under the Schedule Three of the Constitution.
Leading Bodies of the Self-Administered Division or the Self-Administered Zone shall consist of at least 10 members.
Leading Bodies of the Self-Administered Division or the Self-Administered Zone shall be formed with the following persons:
1. Region or State Hluttaw representatives elected from townships in the Self-Administered Division or Self-Administered Zone concerned;
2. the Defence Services personnel representatives nominated by the Commander-in-Chief of the Defence Services to assign duties relating to Security or Border Affairs;
3. Additional representatives selected by persons stated in Sub-Section (d) (i) and (ii).
Members of the Leading Bodies of the Self-Administered Division or the Self-Administered Zone stated in above Sub-Section (d)(i) and (ii) shall, after co-ordinating among themselves, select a suitable person as the Chairperson of the Self-Administered Division or the Self-Administered Zone from the Region or State Hluttaw representatives elected from the townships in the Self-Administered Division or the Self-Administered Zone. The name of the person so elected shall be submitted to the President through the Chief Minister of the Region or State concerned.
The President shall appoint the person who is nominated as the Chairperson of the Self-Administered Division or the Self-Administered Zone concerned.
The Chairperson of the Self-Administered Division or the Self-Administered Zone is the ex-officio Minister in the Region or State concerned. Except for the method of the appointment of the Minister of the Region or State, the other provisions of the Constitution shall be applied to the Chairperson of the Self-Administered Division or Self-Administered Zone.
The Chairperson of the Self-Administered Division or Self-Administered Zone and members of the Leading Body concerned shall:
1. except the National races who have already obtained the Self-Administered Division or Self-Administered Zone concerned residing in the Self-Administered Division or Self-Administered Zone concerned, if they are National races that are deemed by the authority concerned to have a population of over 10,000, from the remaining National races, each representative of the said National races shall be elected and appointed as a member of the Leading Body. The elected member of the Leading Body shall have the prescribed qualifications of Hluttaw representatives of the Region or State under Section 169;
2. if the number of members of the Leading Body of the Self-Administered Division or Self-Administered Zone is less than 10 members, the required number of members from those residing in the Self-Administered Division or Self-Administered Zone concerned and who have qualifications prescribed for the Region or State Hluttaw representatives shall be elected and appointed to fill up 10 members as they desire.
The Commander-in-Chief of the Defence Services shall assign the duties to the one-fourth of the total number of members with the Defence Services personnels in the Leading Bodies of the Self-Administered Division or Self-Administered Zone, as necessary.
The Defence Services personnel, nominated in accord with the law by the Commander-in-Chief of the Defence Services, to be assigned as the members of the Leading Bodies of the Self-Administered Division or Self-Administered Zone shall have qualifications of the Region or State Hluttaw representatives.
1. The Chairperson of the Leading Bodies of the Self-Administered Division or Self-Administered Zone concerned shall declare the name of the members of the Leading Bodies of the Self-Administered Division or Self- Administered Zone.
2. The Chairperson of the Leading Bodies of the Self-Administered Division or Self- Administered Zone shall be responsible to the Region or State Chief Minister concerned, and to the President through the Chief Minister concerned.
3. Members of Leading Bodies of the Self-Administered Division or Self-Administered Zone shall be responsible to their Chairperson.
4. The term of office, taking action, resignation, termination of duty and filling the vacancy of the Chairperson of the Leading Bodies of the Self-Administered Division or Self-Administered Zone shall be prescribed by law.
Duties, powers and rights of the Chairperson and members of the Leading Bodies of the Self-Administered Division or Self-Administered Zone shall be prescribed by law.

Part 14. Executive Powers of the Leading Bodies of the Self-Administered Division or Self-Administered Zone

Subject to provisions of the Constitution, the Self- executive power of the Leading Bodies of the Self-Administered Division or Self-Administered Zone extend to the following matters:
1. on which the Leading Bodies of the Self-Administered Division or Self-Administered Zone has power to make law under Schedule Three;
2. on which the Leading Bodies of the Self-Administered Division or Self-Administered Zone has power to implement in accord with any law enacted by the Pyidaungsu Hluttaw;
3. on which the Leading Bodies of the Self-Administered Division or Self-Administered Zone has power to implement in accord with any law enacted by the Region or State Hluttaw concerned.
The Leading Bodies of the Self-Administered Division or Self-Administered Zone shall be responsible to assist the Union Government in preserving stability of the Union, community peace and tranquillity and prevalence of law and order.
The Leading Bodies of the Self-Administered Division or Self- Administered Zone shall:
1. subject to the policies of the Union Government draw work programmes for the development of their territory and shall co-ordinate with the Region or State Government concerned;
2. draw annual budgets and co-ordinate for approval with the Region or State Government concerned in accord with the provisions of the Constitutions;
3. have the right to expend the allotted fund included in the Budget Law of the Region or State Government concerned in accord with the rules;
4. have the right to expend within the permitted framework to the general expenditure included in the last-enacted Budget Law of the Region or State Hluttaw if the Region or State Hluttaw is unable to pass the Region or State Budget Bill submitted by the Region or State Government.
The Leading Bodies of the Self-Administered Division or Self-Administered Zone may, in accord with the law, supervise, co-operate and co-ordinate the functions of the Civil Services organizations which are performing the duties within their territory.
The Leading Bodies of the Self-Administered Division or Self-Administered Zone shall submit reports of the general situations of their territory to the Union Government and the Region or State Government concerned.
The Leading Bodies of the Self-Administered Division or Self-Administered Zone shall perform the functions which are occasionally assigned by the Union Government and the Region or State Government concerned.

Part 15. Office of the Leading Bodies of the Self-Administered Division or Self-Administered Zone

The Head of General Administration Department of the Leading Bodies of the Self-Administered Division or Self-Administered Zone shall serve as the Secretary of the Leading Bodies of the Self-Administered Division or Self-Administered Zone. Moreover, the General Administration Department of the Self-Administered Division or Self-Administered Zone is also the Office of the Leading Bodies of the Self-Administered Division or Self-Administered Zone.

Part 16. Administration of Nay Pyi Taw, the Union Territory

284

Nay Pyi Taw which is the Union Territory, shall consist of all districts and townships that are Nay Pyi Taw development territory, on the day the Constitution come into operation.
The President may change, if necessary, the demarcation of districts and townships in Nay Pyi Taw which is the Union Territory.

Part 17. Formation of the Nay Pyi Taw Council

285

The Chairperson and members of the Nay Pyi Taw Council shall have the following qualifications:
1. person who has attained the age of 35 years;
2. person who has qualifications, with the exception of age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120;
3. persons whose qualifications does not breach the provisions under Section 121 which disqualify a person from standing for election as Pyithu Hluttaw representatives;
4. who have other qualifications prescribed by the President.
The President:
1. shall form a Nay Pyi Taw Council;
2. shall appoint persons who have the prescribed qualifications as Chairperson and members of Nay Pyi Taw Council;
3. shall obtain the nomination of suitable Defence Services personnel who have prescribed qualifications for appointment as Council member or members from the Commander-in-Chief of the Defence Services for co-ordination of Security matters of Nay Pyi Taw which is the Union Territory;
4. may prescribe the number of members, including the Chairperson, to serve in Nay Pyi Taw Council in accord with the law as necessary.
The Chairperson of the Nay Pyi Taw Council shall be responsible to the President and the members shall be responsible to the Chairperson of the Nay Pyi Taw Council and the President through the Chairperson of the Nay Pyi Taw Council.
If the Chairperson or a member of the Nay Pyi Taw Council is a representative of a Hluttaw, it shall be deemed that he has resigned from the day he is appointed as Chairperson or a member of the Nay Pyi Taw Council.
If the Chairperson or a member of the Nay Pyi Taw Council is a Civil Services personnel, it shall be deemed that he has retired according to the existing Civil Services rules and regulations from the day he is appointed as the Chairperson or a member of the Nay Pyi Taw Council.
The Defence Services personnel who are appointed as a member or members of the Nay Pyi Taw Council, to co-ordinate Security Affairs, are not required to retire or resign from the Defence Services.
If the Chairperson or a member of the Nay Pyi Taw Council is a member of any political party, he shall not take part in its party activities during the term from the day he is appointed as the Chairperson or a member of the Nay Pyi Taw Council. Resignation, termination of office, filling the vacancy of the Chairperson and members of the Nay Pyi Taw Council

Part 18. Resignation, termination of office, filling the vacancy of the Chairperson and members of the Nay Pyi Taw Council

286

1. The term of the Chairperson and members of the Nay Pyi Taw Council is the same as that of the President.
2. The Chairperson and any member of the Nay Pyi Taw Council may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the President.
3. The President may:
  1. direct the Chairperson and any member of the Nay Pyi Taw Council to resign if he cannot discharge his duties efficiently. If he fails to comply, he shall be terminated from his office;
  2. co-ordinate with the Commander-in-Chief of the Defence Services concerning with the Defence Services personnel who is the member of the Nay Pyi Taw Council and has to resign or be terminated from office.
4. If the office of the Chairperson or member of the Nay Pyi Taw Council becomes vacant due to resignation, removal from office, death or any other reason, the President shall have the right to appoint and assign duties to a new Chairperson or member of the Nay Pyi Taw Council in accord with the provisions of the Constitution. The term of the newly appointed Chairperson or member of the Nay Pyi Taw Council shall be the same as that of the remaining term of the President.
The formation of Nay Pyi Taw Council, duties, powers and rights of the Chairperson and members of Nay Pyi Taw Council shall be prescribed by law.

Part 19. Office of Nay Pyi Taw Council

The Head of General Administration Department of Nay Pyi Taw is ex-officio the secretary of the Nay Pyi Taw Council. General Administration Department of Nay Pyi Taw is the office of the Nay Pyi Taw Council.

Part 20. Administration of district and township

Administration of district and township level shall be assigned to the Civil Services personnel.

Part 21. Administration of ward and village-tract

Administration of ward or village-tract shall be assigned in accord with the law to a person whose integrity is respected by the community.

E. Civil Services Personnel

Matters relating to the appointment, promotion, retirement, enforcement of rules and regulations and taking action on the Civil services personnel shall be exercised in accord with the law.
With respect to the Defence Services personnel who are also Civil Services personnel whose nature of work, is of special significant, they shall be given by the relevant Military laws.
With respect to members of Myanmar Police Force who are also Civil Services personnel whose nature of work, is of special significant, they shall be given by the specified law which shall be enacted.