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Detailed basic principles for the legislation of the Pyidaungsu Hluttaw in drafting the State Constitution

The following are the detailed basic principles for legislation of the Pyidaungsu Hluttaw to be included in the Chapter “Legislation” in drafting the State Constitution adopted at the Plenary Session of the National Convention.

(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 convene the Pyidaungsu Hluttaw session at least once a year. The maximum time limit between one meeting and another shall not exceed 12 months.

(3) The following functions and duties 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) Raising questions and giving replies;

(i) Implementing the matters permitted by the Speaker of the Pyidaungsu Hluttaw.

(4) The Speaker of the Pyidaungsu Hluttaw shall convene a special session or an emergency session of the PyidaungsuHluttaw as may be necessary.

(5) The Speaker of the Pyidaungsu Hluttaw shall convene a special session or an emergency session of the Pyidaungsu Hluttaw soonest when the President informs the Speaker of the Pyidaungsu Hluttaw 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 subparagraph(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, the 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 no 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 on its tasks. Moreover, the session shall not be annulled, if the acts of some person who was not entitled to do so sat or voted 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 initiated in 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.

(13) (a) When the Pyidaungsu Hluttaw enacts a law, it may —

(i) entrust the right to issue rules, regulations and bye-laws concerning the law to the Union level organizations formed according to the Constitution.
(ii) authorize the respective organizations or authority to issue notifications, orders, directives and procedures.

(b) The rules, regulations, notifications, orders, directives and procedures issued with the right vested by a law shall be in consonant with the stipulations contained in the Constitution and the law concerned.
(c) If both the Pyithu Hluttaw and the Amyotha Hluttaw decide to annul or amend any of the rules, regulations or bye-laws, it shall be presumed that the rules, regulations or bye-laws are annulled or amended by the Pyidaungsu Hluttaw.
(d) If there is any disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning the said rules, regulations or bye-laws, it shall be decided by the Pyidaungsu Hluttaw.
(e) If a decision is made to annul or amend any of the rules, regulations or bye-laws according to the paragraph (c) or paragraph (d), the decision shall be without prejudice, however, to the validity of any action previously taken under the rules, regulations or bye-laws.

(14) The Pyidaungsu Hluttaw —

(a) shall give the decision on matters in connection with ratifying, canceling and withdrawing from international agreements, regional treaties or bilateral agreements submitted by the President.
(b) may fix the international, regional or bilateral agreements that do not need Pyidaungsu Hluttaw’s approval and delegate the President to ratify, denounce and withdraw from them.

(15) (a) Matters that require decision of the Pyidaungsu Hluttaw, agreement and approval should be implemented as follows:

(i) If the Pyidaungsu Hluttaw is in session, the matter shall be decided at that session.

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

(iii) A special session or an emergency session shall be convened to discuss and decide the matters which need prompt action for public interest.

(b) When the President after issuing an order having the force of law submits it to the Pyidaungsu Hluttaw for approval, the Pyidaungsu Hluttaw shall:

(i) pass a resolution to approve it or not.
(ii) fix the further period to which the said order shall continue to be in force if the Pyidaungsu Hluttaw approves the order.
(iii) The order having the force of law shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.

(16)(a) Of the matters included in the Union Legislative List, 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 prescribed procedures.

(b) 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.

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

(18) If a need arises to scrutinize the bills, before they are being discussed 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 jointcommitteecanbesubmittedtothePyidaungsu Hluttaw in accord with prescribed provisions.

(19) If there arises disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a bill, the bill shall be discussed and approved in the Pyidaungsu Hluttaw.

(20) (a) Within 14 days after the date the President receives the bills sent to him by the Pyidaungsu Hluttaw after approving them and the bills in like manner as if the Pyidaungsu Hluttaw have approved them, he shall sign the bills and shall promulgate them into law.

(b) The President shall send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time to sign and promulgate it into a law.

(c) 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 a law in like manner as if he had signed it on the last of the said 14 days.

(21) (a) 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 to the President’s comments.

(b) The President shall sign the bill and enact it into a law 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.

(c) 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 a law in like manner as if he has signed it on the last date of the said time limit.

22) The laws signed by the President and the laws deemed to have been signed by the President shall be published in the official gazette. The law shall come into force on the date of such promulgation unless the contrary intention is expressed.

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

24) The Pyidaungsu Hluttaw Speaker shall —

(a) supervise the Pyidaungsu Hluttaw sessions;

(b) invite the President, if the President informs him of his desire to address the Pyidaungsu Hluttaw;

(c) have the power to invite organizations 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;

(d) implement his other duties and functions designated by the Constitution or any law.

25) The Union level organizations formed under the Constitution shall submit their general situation, necessary to be presented to the Pyidaungsu Hluttaw, with the permission of the Speaker.

26) (a) Subject to the provisions contained in the Constitution, and the provisions prescribed in the Pyidaungsu Hluttaw law, members of the Pyidaungsu Hluttaw shall have freedom of speech and voting at the Pyidaungsu Hluttaw and the Pyidaungsu Hluttaw Joint Committee. 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.

(b) Subject to the provisions contained in the Constitution, and the provisions prescribed in the Pyidaungsu Hluttaw law, members of organizationsorpersonsrepresentinganyone of the Union level organizations invited to attend the Pyidaungsu Hluttaw have the freedom of speech. No action shall be taken against such persons for their speeches, except under the laws of the Pyidaungsu Hluttaw.

(c) However, if the persons mentioned in the above paragraph (a) and paragraph (b) commit physical assaults, they shall be liable to punishment according to the existing law.

(27) 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 Speaker of the Pyidaungsu Hluttaw, the reliable evidence shall be submitted to the Speaker of the Pyidaungsu Hluttaw. He shall not be arrested without the prior permission of the Pyidaungsu Hluttaw Speaker.

(28) The reports, documents and Hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged.