1994-03: The State Budget Law, 1994

The State Law and Order Restoration Council
The State Budget Law, 1994
(The State Law and Order Restoration Council Law No. 3/94)
The 2nd Waning Day of Tabaung, 1355 M.E.
(28th March, 1994)
The State Law and Order Restoration Council hereby enacts the following Law: –

PART I
Title and Date of Enforcement

1. (a) This Law shall he called the State Budget Law, 1994;

PART II
The State Law and Order Restoration Council, Multi-Party
Democracy General Election Commission, Government
Chief Justice, Attorney General, Auditor General,
Ministries and Departments

Chapter I
Receipts and Expenditures

2. The State Law and Order Restoration Council, Multi-Party Democracy General Election Commission, Government, Chief justice, Attorney General, Auditor General, Ministries and Departments shall carry out their functions in accordance with the State Budget Programme. In carrying out such functions all receipts shall he credited to the State Budget and all expenditures payable shall be debited to the State Budget.

3. (a) The respective persons who have been given the responsibility for the receipts and expenditures of the State Law and Order Restoration Council, Multi-Party Democracy General Election Commission, Government, Chief Justice, Attorney General, Auditor General, Ministries and Departments shall supervise and collect those receipts and administer those expenditures as are shown against them in Schedules (1), (2), (3) and (4) ;

(b) The respective persons who have undertaken die responsibility under sub-section (a) may delegate their powers to the respective person serving under them;

(c) Supervision and collection of the receipts and administration of the expenditures shall be in accordance with the provisions of this Law, relevant laws, rules, regulations, bye-laws, orders, directives and procedures.

4. (a) Out of the estimated receipts shown in Schedules (1) and (3), if foreign aids and loans received under Chapter III exceed the estimated amount, and if expenditures of those works which are to be incurred out of such excess amount received as foreign aids and loans are in excess of the sanctioned expenditures shown in Schedules (2) and (4), the Government may approve after scrutiny. Provided that, if expenditures to be incurred out of the State Budget in kyats converted from the aforesaid foreign aids and loans are not covered by the sum shown in Schedules (2) and (4), then it may be incurred out of the reserve fund in accordance with the provisions of section 6;

5. In respect of any alteration of sums shown in Schedules (1), (2), (3) and (4) under requirement of work, it shall be shown in the revised estimate budget for the 1994-95 financial year submitted to the State Law and Order Restoration Council.

Chapter II
Reserve Fund

6. (a) Expenditures incurred by the State Law and Order Restoration Council, Multi-Party Democracy General Election Commission, Government, Chief Justice, Attorney General, Auditor General, Ministries and, Departments out of the reserve fund shown in Schedule (4), column 12 shall be effected only in accordance with the following conditions:­

(i) being expenditure which cannot be anticipated;

(ii) being a case in which expenditure must he incurred within the financial year;

(iii) where transfer of budget heads cannot be effected or where there is no allotment for transfer of budget heads under the existing laws, rules, regulations and bye-laws;

(b) any expenditure from the reserve fund shall be made only by the decision of the Government;

(c) The Government shall submit matters relating to expenditure to be incurred out of the reserve fund to the State Law and Order Restoration Council together with objects and reasons casewise.

7. The State Law and Order Restoration Council, Multi-Party Democracy General Election Commission, Government, Chief Justice, Attorney General, Auditor General, Ministries and Departments shall not be allowed to submit supplementary budget of the State in respect of receipt of amounts in excess of or less than the estimated amount under this Law or appropriation of allotment by transferring budget heads within the sanctioned expenditure or expenditure incurred from the reserve fund or expenditure incurred with the sanction of the Government under section 4. Provided that if expenditures in conformity with the conditions contained in sections are not covered by the reserve fund allowed under this Law, then such expenditures may be submitted to the State Law and Order Restoration Council together with objects and reasons casewise.

Chapter III
Taking of Loans

8. For the purpose of projects or for expenditures shown in the State Budget, the Government may take loans by issuing security bonds guaranteed by Government of debentures or by other means, within the country or from abroad. Reasonable rates of interest may he prescribed for such loans. Condition for repayment, redemption or provision otherwise may also be stipulated.

9. Regarding loans obtained, by issuing security bonds for covering the deficient in the budget of the previous financial year, new security bonds may be issued when repayment of the loan becomes due.

10. The State Economic Organizations and Cantonment Municipalities may take loans from abroad, for their projects with the approval of the Government.

11. (a) The Government may empower the Minister of the Ministry of Finance and Revenue for carrying out wholly or partly the duties contained in this Chapter III;

12. During the financial year commencing 1st April 1994 and ending on 31st March 1995, the amount of loans actually received by the execution of loan agreements under this Chapter III shall not exceed kyats fifteen thousand million.

PART III
State Economic Organizations

13. The State Economic Organizations shall carry out their functions in accordance with the State Budget Programme. In carrying out such functions, all receipts shall be credited to the State Budget and all expenditures payable shall he debited to the State Budget.

14. (a) The respective persons who have been given the responsibility for the receipt and expenditure of the State Economic Organizations shall supervise and collect these receipts and administer these expenditures as are shown against them in Schedules (5) and (6);

(b) The respective persons who have undertaken the responsibility under sub-section (a) may delegate their powers to the respective persons serving under them;

(c) Supervision and collection of the receipts and administration of the expenditures shall be in accordance with the provisions of this Law, relevant laws, rules, regulations, bye-laws, orders, directives and procedures.

15. (a) The Government may alter the amounts shown in Schedules (5) and (6), if it becomes necessary for the functions of the State Economic, Organizations. Such alterations shall be shown in the revised estimate budget for the 1994-95 financial year submitted to the State Law and Order Restoration Council together with objects and reasons therefor;

PART IV
Cantonment Municipalities

16. The Cantonment Municipalities shall subsist on their own funds and shall carry out their functions in accordance with their Budget Programmes.

17. (a) The respective persons who have been given the responsibility for the receipt and expenditure of Cantonment Municipalities shall supervise and collect these receipts and administer those expenditures as are shown against them in Schedules (7) and (8);

(b) The respective persons who have undertaken the responsibility under sub-section (a) may delegate their powers to the respective persons serving under them;

(c) Supervision and collection of the receipts and administration of the expenditures shall be in accordance with the provisions of this Law, relevant laws, rules, regulations, bye-laws, orders, directives and procedures.

18. (a) The Government may alter the amounts shown in Schedules (7) and (8), if it becomes necessary for the functions of Cantonment Municipalities. Such alterations shall be shown in the revised estimate budget for the 1994-95 financial year submitted to the State Law and Order Restoration Council together with objects and reasons therefor.