The State Law and
Order Restoration Council
The State Budget
Law, 1990
(The State Law and Order Restoration
Council Law No. 5/90 )
The 4th Waxing Day of Htaaung Tagu,
1351 M.E.
(29th March, 1990)
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, 1990:
(b) This Law
shall come into force with effect from
the 1st of April, 1990 for the 1990-91
financial year.
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 1
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 iii
accordance with the State Budget Programme.
In carrying out such functions. all
the receipts shall he credited to the
State Budget and all the expenditures
payable shall he debited to the State
Budget.
3. (a) The respective
persons who are given the responsibility
for the receipt and expenditure of the
State Law and Order Restoration Council.
Multi-party Democracy Genera] Election
Commission, Government. Chief Justice,
Attorney-General, Auditor-General. Ministries
and Departments. shall supervise and
collect those receipts and administer
sthe expenditures as shown against them
in Schedules (1) (2) (3) and (4):
(b) The respective
persons who have undertaken the responsibility
under sub-section (a) may delegate their
powers to the personnel serving under
them;
(c) Supervision of
the 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,
notifications, directives and procedures.
4. (a) Out of the estimated
receipts shown in Schedules (I) and
(3), if receipt of foreign aids and
the grants mentioned in Chapter III
is more than the estimated amount, and
if expenditures of those works necessary
to be incurred by such excess amount
received as foreign aids and grants
is an 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 grants 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;
(b) Regarding the
exceeded expenditures under sub-section
(a) each and every case shall be submitted
by the Government to the State Law and
Order Restoration Council together with
objects and reasons therefore.
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 1990-91 financial
year submitted to the State Law and
Order Restoration Council.
Chapter II
Reserved 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:-
-
(1) expenditure
which cannot be anticipated;
(2) being a case in which expenditure
must be incurred within the financial
year;
(3) 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, bye-laws;
(b)
any expenditure from the reserved fund
shall be done only with the approval
of the Government;
(c) the Government
shall submit those matters to be incurred
Out of the reserved fund to the State
Law and Order Restoration Council together
with objects and reasons therefore.
7. The State Law and
Order Restoration Council, Multi-party
Democracy Election Commission, Government,
Chief Justice, Attorney-General, Auditor-General,
Ministries and Departments shall not
be allowed to submit supplementary budget,
regarding receipt of amount more 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 reserved fund or expenditure
sanctioned by the Government under section
4. Provided that if expenditures in
conformity with conditions provided
under section 6 are not covered by reserve
fund allowed under this Law, then those
cases may be submitted to the State
Law and Order Restoration Council together
with objects and reasons therefore.
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 or debentures
or by other means, within the country
or from abroad reasonable rates of interest
may be prescribed for such loans. Conditions
for repayment, redemption or provision
otherwise may also be stipulated.
9. Regarding loans
obtained by issuing security bonds for
covering the deficit in the budget of
the previous year, new security bonds
may be issued for the old ones when
the loan becomes due.
10. With the approval
of Government, the State Economic Organizations,
Development
Committees and Municipalities may take
loans for their projects from abroad.
11. (a) The Government
may empower the Minister of the Ministry
of Planning and Finance for carrying
out wholly or partly the duties contained
in this Chapter III;
(b)
The Minister of the Ministry of Planning
and Finance may, on behalf of the state,
furnish guarantees regarding the taking
of loans under this Chapter III.
12. During the financial
year, commencing 1st April 1990 to 31st
March 1991, the actual amount of loan
received on the execution of loan agreements
in accordance with this Chapter III,
shall not exceed kyats fifteen thousand
millions.
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 their
functions, all receipts shall he credited
to the State Budget and all expenditures
payable shall be 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 those receipts
and administer the expenditures 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
personnel serving under them;
(c)
Supervision of the collection of the
receipts and administration of the expenditure
shall be in accordance with the provisions
of this Law, relevant laws, rules, regulations,
bye-laws, notifications, orders. directives
and procedures.
15. (a) The Government
may alter the amounts shown in Schedules
(5) and (6), if it becomes necessary
for functions of the State Economic
Organizations. Such alterations, shall
be shown in the revised estimate budget
for the 1990-9 1 financial year submitted
to the State Law and
Order Restoration Council together with
objects and reasons therefore.
(b)
The Government may stipulate the amount
of money to be contributed by the State
Economic Organizations towards the State
fund.
PART IV
Development Committees and Municipalities
16. The Development
Committees and the Municipalities shall
carry out their functions by their own
funds.
17. (a) The respective
persons who have been given the responsibility
for the receipts and expenditures of
the Development Committees and the Municipalities,
shall supervise and collect the receipts
and administer the expenditures, 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
personnel serving under them;
(c)
Supervision of the collection of the
receipts and administration of the expenditures
shall be in accordance with this Law,
relevant laws, rules, regulations, bye-laws,
notifications, 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 the Development
Committees and the Municipalities. Such
alterations shall be shown in the revised
estimate budget for the 1990-91 financial
year submitted to the State Law and
Order Restoration Council together with
objects and reasons therefore.
(b)
The Government may permit the Development
Committees and the Municipalities to
obtain money required for carrying out
their functions or for investment from
contributions or loans.
19. The Development
Committees and the Municipalities may
collect only such rates and taxes permitted
by existing laws, rules, regulations,
bye-laws. notifications, orders, directives
relevant to them.
The
State Law and Order Restoration Council,
Multi-Party Democracy General Election
Commission, Government, Chief Justice,
Attorney - General and Auditor - General
Schedule (1)
Multi
Party Democracy General Election Attorney
- General and Auditor - General The
State Law and Order Restoration Council,
Commission, Government, Chief Justice,
Schedule
(2)
Ministries
and Departments
Schedule
(3)
Ministries
and Departments
Schedule
(4)
State
Economic Organizations
Schedule
(5)
State
Economic Organizations
Schedule
(6)
Development
Committees and Municipalities
Schedule
(7)
Development
Committees and Municipalities
Schedule
(8)
Sd./ Saw Maung
Senior General
Chairman
The State Law and Order Restoration
Council