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Detailed basic principles for the legislation of the Region or State Hluttaw

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

1. (a) The term of the Region or State Hluttaw comes into force on the day on which that of the Pyithu Hluttaw comes into force.

(b) The first regular session of the Region or State Hluttaw shall be convened within 15 days after the commencement of the term of the Hluttaw.

2. (a) The State Peace and Development Council shall convene the first regular session of the Region or State Hluttaw after the Constitution comes into force.

(b) The Speaker of the Region or State Hluttaw who continues to perform his duties in accord with the provisions of the Constitution shall convene the first regular session for the next terms of the Region or State Hluttaw.

3. (a) Members of the Region or State Hluttaw shall take oaths before the chairman of the Region or State Hluttaw at the first regular session of the Region or State Hluttaw.

(b) Members of the Region or State Hluttaw who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Region or State Hluttaw they first attend.

4. The Speaker of the Region or State Hluttaw shall convene the regular session of the Region or State Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months.

5.The following matters are carried out at the session of the Region or State Hluttaw.

(a) Recording the address delivered by the Union President;

(b) Reading out and recording messages sent by the President and other messages permitted by the Speaker;

(c) Recording the address delivered by the Region or State Chief Minister;

(d) Submitting, discussing and making decision on a bill;

(e) Discussing and deciding the matters the Region or State Hluttaw shall implement in accord with the provisions of the Constitution and any of the existing laws;

(f) Discussing, deciding and recording the reports presented to the Region or State Hluttaw;

(g) Submitting proposals, holding discussions and making decisions;

(h) Raising questions and making replies;

(i) Implementing matters permitted by the Speaker of the Region or State Hluttaw;

6. (a) The Speaker of the Region or State Hluttaw concerned may convene special session or emergency session of Region or State Hluttaws if necessary.

(b) The Speaker of the Region or State Hluttaw shall convene a special or emergency session of the Hluttaw as soon as possible when the Region or State Chief Minister informs to do so.

(c) The Speaker of the Region or State Hluttaw shall convene a special session of the Hluttaw as soon as possible if at least one-fourth of the Region or State Hluttaw members so requisition.

7. (a) A session of the Region or State Hluttaw is valid if more than half the number of members who have the right to attend the session of the Region or State Hluttaw are present on the first day of the session. The session if invalid shall be adjourned.

(b) The sessions that are held under subparagraph

(a) due to invalidity of the sessions and the sessions that are extended due to validity of the sessions are valid if at least one-third of the Hluttaw members, who have the right to attend a session of the Region or State Hluttaw are present.

8. (a) Save as otherwise provided by this Constitution, a matter that should be decided through voting in the Region or State Hluttaw shall be determined by a majority of votes of the members present and voting.

(b) The Speaker of the Region or State Hluttaw or the Deputy Speaker discharging duties as the Speaker shall not vote in the first instance in the sessions of the Region or State Hluttaw, but shall have and exercise a casting vote in the matters of an equality of votes.

9. If for a period of 15 consecutive days a member of the Region or State Hluttaw is, without permission of the Hluttaw, absent from a session of the Region or State Hluttaw, the Region or State Hluttaw can declare the seat of the member vacant in accord with prescribed rules. In computing the said period of 15 days, no account shall be taken of any period during which the session is prorogued, or is adjourned.

10. Even if there are vacant seats, the Region or State Hluttaw shall have the right to carry out its tasks. Moreover, the session shall not be annulled, even 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 the Region or State Hluttaw shall be published for public information. But, the functions and records restricted by a law or decisions of the Region or State Hluttaw shall not be published.

12. The Region or State Hluttaw has the power to make laws for the whole or any part of the Region or State concerning the matters stated in the Region or State Legislative List.

13. (a) When the Region or State Hluttaw enacts a law, it may —

(1) entrust the right to issue rules, regulations and bye-laws related to the law to a Region or State level organization formed under the Constitution.

(2) entrust the power to issue notifications, orders, directives and procedures related to the law to the organization or authority concerned.

(b) The rules, regulations, bye-laws, notifications, orders, directives and procedures issued with the right vested by a law shall be consonant with the provisions contained in the Constitution and the law concerned.

(c) After issuing a rule, regulation or bye-law enacted under the law by the Region or State Hluttaw, the organization concerned shall circulate the rules, regulation or byelaw to Hluttaw members during the nearest regular session of the Region or State Hluttaw with the arrangements permitted by the Hluttaw Speaker.

(d) If a rule, regulation or bye-law is found not consonant with the provisions of the law concerned, Region or State Hluttaw members can submit a proposal to annul or amend the rules, regulation or byelaw to the Region or State Hluttaw within 90 days from the date they are circulated.

(e) If a decision is made by the Region or State Hluttaw to annul or amend a rule, regulation or bye-law, the decision shall not affect the matters implemented under the rules, regulation or bye-law.

14. (a) Matters that require decision, assent and approval of the Region or State Hluttaw shall be implemented as follows:

(1) If the Region or State Hluttaw is in session, the matter shall be decided at that session.

(2) If the Region or State Hluttaw is not in session, the discussions and decisions on the matter shall be made at the nearest Region or State Hluttaw session.

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

15. (a) Of the matters included in the Region or State Legislative List, the Region or State level organizations formed under the Constitution have the right to submit bills on matters implemented under their managements to the Region or State Hluttaw in accord with the prescribed provisions.

(b) Bills on Region or State plans, annual budgets and taxation which are to be submitted exclusively by the Region or State Government shall be submitted to the Region or State Hluttaw in accord with the prescribed provisions.

16. Of the matters included in the Region or State Legislative List, except those prescribed under the Constitution to be submitted exclusively as bills by the Region or State Government, the Region or State Hluttaw members have the right to submit bills on the remaining matters in accord with the prescribed provisions.

17. The Region or State Hluttaw shall make a decision when the Region or State Government submits Region or State budget in accord with the prescribed provisions.

18. (a) The Region or State Chief Minister shall—

(1) sign the bill approved by the Region or State Hluttaw and promulgate it into a law, within seven days after receiving it.

(2) sign the bill approved by the Self-Administered Region leading body and promulgate it into a law, within 14 days after receiving it.

(b) If the Region or State Chief Minister does not sign the bill and promulgate it into a law within the fixed time, the bill shall come into force in like manner as if he had signed it on the last date of the fixed time.

(c) The bills signed by the Region or State Chief Minister and bills which have come into force in like manner as if they were signed by him, shall be promulgated in the official Gazette. The laws shall come into force on the date of such promulgation unless the contrary intention is expressed.

19. (a) Of the members of an organization representing a Region or State level organization formed under the Constitution, the organization members who are not members of the Region or State Hluttaw shall have the right of discussing and voting concerning bills or matters related to the organization concerned in the Hluttaw Sessions.

(b) Of the members of an organization representing a Region or State level organization formed under the Constitution, those members who are not Region or State Hluttaw members while attending the session with the permission of the Hluttaw Speaker shall have the right of discussing concerning bills or matters related to the organization concerned.

20. The Speaker of Region or State Hluttaw shall:

(a) supervise Region or State Hluttaw sessions.

(b) invite the Union President if he informs him of his desire to address the Region or State Hluttaw session.

(c) make necessary arrangements when the Region or State Chief Minister informs him of his desire to deliver on address.

(d) have the right, if necessary, to invite members or persons of an organization representing a Region or State level organization formed under the Constitution to the Region or State Hluttaw session to make clarification as regards matters under discussion.

(e) perform other duties and responsibilities entrusted by the Constitution or a law.

21. (a)Subject to the provisions stated in the Constitution or in the Region or State Hluttaw Law, members of the Region or State Hluttaw have freedom of speech and voting at the Region or State Hluttaw as well as at Region or State Hluttaw committee and organization. Concerning the discussions and functions, a Region or State Hluttaw member shall be privileged except under the Region or State Hluttaw Law.

(b) Subject to the provisions stated in the Constitution or in the Region or State Hluttaw Law, members or persons representing a Region or State level organization formed under the Constitution who are permitted or invited to attend a Region or State Hluttaw session have freedom of speech at the Region or State Hluttaw or Region or State Hluttaw committees and bodies. Concerning such discussions, they shall be privileged except under the Region or State Hluttaw Law.

(c) Action shall be taken against those members stated in sub-paragraph (a) and (b) in accord with the rules and regulations and procedures of the Region or State Hluttaw and existing laws if they make physical assault in enjoying the privileges.

22. (a) If there arises a need to arrest a Region or State Hluttaw member attending a Region or State Hluttaw session or a person attending the Hluttaw session with the permission or at the invitation of the Hluttaw Speaker, the reliable evidence shall be submitted to the Hluttaw Speaker. He shall not be arrested without prior approval of the Hluttaw Speaker.

(b) If there arises a need to arrest a member of a committee or a body formed by the Region or State Hluttaw attending a session of the committee or body, the reliable evidence shall be submitted to the Hluttaw Speaker through the head of the committee or body concerned. He shall not be arrested without prior approval of the Hluttaw Speaker.

(c) If there arises a need to arrest a member of the Region or State Hluttaw while the Hluttaw or the committee or the body formed by the Hluttaw is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Region or State Hluttaw Speaker.

23. The reports, documents and records published by the Region or State Hluttaw or under its authority shall be privileged.