Chapter XV
GENERAL PROVISIONS

 

449. This Constitution is the Basic Law of all the laws of the Union.

450. Myanmar language is the official language.

451. The application of the Basic Principles of the Union in the legislation and administration shall be the care of the Union but shall not be enforceable in any Court of law.

452. Interpretation of the preamble, Sections, Sub-Sections, expressions, individual words and ideas of this Constitution shall be based only on the Myanmar text.

453. In interpretation of expressions contained in this Constitution reference shall be made to the existing Interpretation Law.

454. The Myanmar text of this Constitution shall be kept as record in the National Archives. Such text shall be conclusive evidence of the provisions of this Constitution.

455. The Government of the Union may, in the interest of the Union, relating to any of the economic activity prescribed to be carried out only by the Government of the Union :
(a) permit the Region government or the State government to form a joint venture with the Government of the Union or to operate under terms and conditions;
(b) permit a co-operative organization, economic organization and an individual person to form a joint venture with the Government of the Union or to operate under terms and conditions.

456. The Republic of the Union of Myanmar shall honour all legitimate obligations arising out of treaties or agreements which before the commencement of this Constitution have been in operation between the Government of the Union of Myanmar and the Government of other State, provided that such other State honours any reciprocal obligations towards the Union of Myanmar.

457.
(a) Any proceedings relating to contract or liabilities which might have been brought against the Government of the Union of Myanmar before this Constitution comes into operation, may be brought against the Government of the Union of Myanmar.
(b) The Republic of the Union of Myanmar may sue and be sued in the name of the Republic of the Union of Myanmar.

 

SCHEDULE ONE
Union Legislative List
(Refer to Section 96)

 

1. Union Defence and Security Sector
(a) Defence of the Republic of the Union of Myanmar and every part thereof and preparation for such defence;
(b) Defence and Security industries;
(c) Arms, ammunition and explosives including biological and chemical weapons;
(d) Atomic energy, nuclear fuel and radiation and mineral resources essential to its production;
(e) Declaration of war and conclusion of peace;
(f) Stability, peace and tranquility of the Union and prevalence of law and order; and
(g) Police force.

2. Foreign Affairs Sector
(a) Representatives of the diplomatic, consular and other affairs;
(b) United Nations;
(c) Participation in international, regional and bilateral conferences, seminars, meetings, associations and other organizations and implementation of resolutions thereof;
(d) Conclusion and implementation of international and regional treaties, agreements, conventions and bilateral agreements and treaties;
(e) Passports and identification certificates;
(f) Visas, admission into the Republic of the Union of Myanmar, stay, departure, immigration and deportation; and
(g) Extradition and request for extradition.

3. Finance and Planning Sector
(a) The Union Budget;
(b) The Union Fund;
(c) Currency and coinage;
(d) The Central Bank of Myanmar and financial institutions;
(e) Foreign exchange control;
(f) Capital and money markets;
(g) Insurance;
(h) Income tax;
(i) Commercial tax;
(j) Stamp duty;
(k) Customs duty;
(l) Union lottery;
(m) Tax appeal;
(n) Services of the Union;
(o) Sale, lease and other means of execution of property of the Union;
(p) Disbursement of loans from the Union Funds;
(q) Investment of the Union Funds;
(r) Domestic and foreign loans;
(s) Acquisition of property for the Union; and
(t) Foreign aid and financial assistance.

4. Economic Sector
(a) Economy;
(b) Commerce;
(c) Co-operatives;
(d) Corporations, boards, enterprises, companies and partnerships;
(e) Imports, exports and quality control thereon;
(f) Hotels and lodging houses; and
(g) Tourism.

5. Agriculture and Livestock Breeding Sector
(a) Land administration;
(b) Reclamation of vacant, fallow and virgin lands;
(c) Settlements and land records;
(d) Land survey;
(e) Dams, embankments and irrigation works managed by the Union;
(f) Meteorology, hydrology and seismic survey;
(g) Registration of documents;
(h) Mechanized agriculture;
(i) Agricultural research;
(j) Production of chemical fertilizers and insecticides;
(k) Marine fisheries; and
(l) Livestock proliferation, prevention and treatment of diseases and research works.

6. Energy, Electricity, Mining and Forestry Sector
(a) Petroleum, natural gas, other liquids and substances declared by the Union Law to be dangerously inflammable;
(b) Production and distribution of electricity of the Union;
(c) Minerals, mines, safety of mine workers, and environmental conservation and restoration;
(d) Gems;
(e) Pearls;
(f) Forests; and
(g) Environmental protection and conservation including wildlife, natural plants and natural areas.

7. Industrial Sector
(a) Industries to be undertaken by the Union level;
(b) Industrial zones;
(c) Basic standardization and specification for manufactured products;
(d) Science and technology and research thereon;
(e) Standardization of weights and measures; and
(f) Intellectual property such as copyrights, patents, trademarks and industrial designs.

8. Transport, Communication and Construction Sector
(a) Inland water transport;
(b) Maintenance of waterways;
(c) Development of water resources and rivers and streams;
(d) Carriage by sea;
(e) Major ports;
(f) Lighthouses, lightships and lighting plans;
(g) Shipbuilding, repair and maintenance;
(h) Air transport;
(i) Air navigation, control and airfields construction;
(j) Land transport;
(k) Railways;
(l) Major highways and bridges managed by the Union;
(m) Posts, telegraphs, telephones, fax, e-mail, internet, intranet and similar means of communication; and
(n) Television, satellite communication, transmission and reception, and similar means of communication and housing and buildings.

9. Social Sector
(a) Educational curricula, syllabus, teaching methodology, research, plans, projects and standards;
(b) Universities, degree colleges, institutes and other institutions of higher education;
(c) Examinations prescribed by the Union;
(d) Private schools and training;
(e) National sports;
(f) National health;
(g) Development of traditional medicinal science and traditional medicine;
(h) Charitable hospitals and clinics and private hospitals and clinics;
(i) Maternal and child welfare;
(j) Red cross society;
(k) Prevention from adulteration, manufacture and sale of foodstuffs, drugs, medicines and cosmetics;
(l) Welfare of children, youths, women, the disabled, the aged and the homeless;
(m) Relief and rehabilitation;
(n) Fire Brigade;
(o) Working hours, resting-hours, holidays and occupational safety;
(p) Trade disputes;
(q) Social security;
(r) Labour organizations;
(s) Managements by the Union, the following:
(i) Ancient culture or historical sites, buildings, monuments, records, stone inscriptions, ink inscriptions on stucco, palm-leaf parabaiks, handwritings, handiworks, inanimate objects and archaeological works;
(ii) Museums and libraries.
(t) Literature, dramatic arts, music, traditional arts and crafts, cinematographic films and videos; and
(u) Registration of births and deaths.

10. Management Sector
(a) General administration;
(b) Administration of town and village land;
(c) Tenants;
(d) Narcotic drugs and psychotropic substances;
(e) Union secrets;
(f) Associations;
(g) Prisons;
(h) Development of border areas;
(i) Census;
(j) Citizenship, naturalization, termination and revocation of citizenship, citizenship scrutiny and registration; and
(k) Titles and honours.

11. Judicial Sector
(a) Judiciary;
(b) Lawyers;
(c) Criminal Laws and procedures;
(d) Civil Laws and procedures including contract, arbitration, actionable wrong, insolvency, trust and trustees, administrator and receiver, family laws, guardians and wards, transfer of property and inheritance;
(e) Law of Evidence;
(f) Limitation;
(g) Suit valuation;
(h) Specific relief;
(i) Foreign jurisdiction;
(j) Admiralty jurisdiction; and
(k) Piracies, crimes committed in international waters or in outer space and offences against the international law on land or in international waters or in outer space.

 

SCHEDULE TWO
Region or State Legislative List
(Refer to Section 188)

 

1. Finance and Planning Sector
(a) The Region or State budget;
(b) The Region or State fund;
(c) Land revenue;
(d) Excise duty (not including narcotic drugs and psychotropic substances);
(e) Municipal taxes such as taxes on buildings and lands, water, street lightings and wheels;
(f) Services of the Region or State;
(g) Sale, lease and other means of execution of property of the Region or State;
(h) Disbursement of loans in the country from the Region or State funds;
(i) Investment in the country from the Region or State funds;
(j) Local plan; and
(k) Small loans business.

2. Economic Sector
(a) Economic matters undertaken in the Region or State in accord with law enacted by the Union;
(b) Commercial matters undertaken in the Region or State in accord with law enacted by the Union; and
(c) Co-operative matters undertaken in the Region or State in accord with law enacted by the Union.

3. Agriculture and Livestock Breeding Sector
(a) Agriculture;
(b) Protection against and control of plants and crop pests and diseases;
(c) Systematic use of chemical fertilizers and systematic production and use of natural fertilizers;
(d) Agricultural loans and savings;
(e) Dams, embankments, lakes, drains and irrigation works having the right to be managed by the Region or State;
(f) Fresh water fisheries; and
(g) Livestock breeding and systematic herding in accord with the law enacted by the Union.

4. Energy, Electricity, Mining and Forestry Sector
(a) Medium and small scale electric power production and distribution that have the right to be managed by the Region or State not having any link with national power grid, except large scale electric power production and distribution having the right to be managed by the Union;
(b) Salt and salt products;
(c) Cutting and polishing of gemstones within the Region or State;
(d) Village firewood plantation; and
(e) Recreation centers, zoological garden and botanical garden.

5. Industrial Sector
(a) Industries other than those prescribed to be undertaken by the Union level; and
(b) Cottage industries.

6. Transport, Communication and Construction Sector
(a) Ports, jetties and pontoons having the right to be managed by the Region or State;
(b) Roads and bridges having the right to be managed by the Region or State; and
(c) Systematic running of private vehicles within the Region or State.

7. Social Sector
(a) Matters on traditional medicine not contrary to traditional medicine policies prescribed by the Union;
(b) Social welfare works within the Region or State;
(c) Preventive and precautionary measures against fire and natural disasters;
(d) Stevedoring;
(e) Having the right of management by the Region or State, the following:
(i) preservation of cultural heritage;
(ii) museums and libraries.
(f) Theatres, cinemas and video houses; and
(g) Exhibitions such as photographs, paintings and sculptures.

8. Management Sector
(a) Development matters;
(b) Town and housing development; and
(c) Honorary certificates and awards.

 

SCHEDULE THREE
List of Legislation of the Leading Body of Self-Administered
Division or Self-Administered Area
(Refer to Section 196)

 

1. Urban and Rural Projects
2. Construction and Maintenance of Roads and Bridges
3. Public Health
4. Development Affairs
5. Prevention of Fire Hazard
6. Maintenance of Pasture
7. Conservation and Preservation of Forest
8. Preservation of Natural Environment in Accord with Law Promulgated by the Union
9. Water and Electricity Matters in Towns and Villages
10. Market Matters of Towns and Villages

 

SCHEDULE FOUR
Form of Oaths or Affirmation
(Refer to Section 125)

 

I ……………. do solemnly and sincerely promise that as an elected representative of the Pyithu Hluttaw/ the Amyotha Hluttaw/ the Region or State Hluttaw, I will uphold and abide by the Constitution of the Union. I will be loyal to the Republic of the Union of Myanmar and citizenry and hold always in esteem non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty.
In addition, I will carry out the responsibilities uprightly to the best of my ability.

SCHEDULE FIVE
Taxes Collected by Region or States

 

(Refer to Section 254)
1. Land revenue.
2. Excise revenue.
3. Water tax and embankment tax based on dams and reservoirs managed by the Region or State and tax on use of electricity generated by such facilities managed by the Region or State.
4. Toll fees from using roads and bridges managed by the Region or State.
5.
(a) Royalty collected on fresh water fisheries.
(b) Royalty collected on marine fisheries within the permitted range of territorial water.
6. Taxes collected on vehicles on road transport and vessels on inland waterway transport, in accord with law, in a Region or a State.
7. Proceeds, rent fees and other profits from those properties owned by a Region or a State.
8. Fees, taxes and other revenues collected on services enterprises by a Region or a State.
9. Fines imposed by judicial courts in a Region or a State including Region Taya Hluttaw or State Taya Hluttaw and taxes collected on service provision and other revenues.
10. Interests from disbursed by a Region or State.
11. Profits returned from investment of a Region or State.
12. Taxes collected on extraction of the following items from the forests in a Region or a State:
(a) Taxes collected on all other woods except teak and other restricted hard woods;
(b) Taxes collected on firewood, charcoal, rattan, bamboo, birdnests, cutch, thanetkha, turpentine, eaglewood and honey-based products.
13. Registration fees.
14. Taxes on entrainments.
15. Salt tax.
16. Revenue received from the Union Fund Account.
17. Contributions by development affairs organizations in a Region or State concerned.
18. Unclaimed cash and property.
19. Treasure trove.

 
 


 
 

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