The State Law
and Order Restoration Council
The State
Budget Law, 1991
(The State Law and Order Restoration
Council Law No.4/91)
The 14th Waxing Day of Hnaung
Tagu, 1352 M.E.
(28th March, 1991)
The State Law
and Order Restoration Council
hereby enacts the following Law:—
PART I
Title and date of Enforcement
1. (a) This Law
shall be called the State Budget
Law, 1991.
2. (b) This Law
shall come into force with effect
from the 1st of April,
1991 for the 199 1-92 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 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 the receipts
shall be credited to the State
Budget and all the expenditures
payable shall be 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
General Election Commission, Government,
Chief Justice, Attorney-General,
Auditor-General, Ministries and
Departments, shall supervise and
collect those receipts and administer
the 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) Supervisions 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 (1) 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 of amount received as foreign
aids and grants is 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
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
therefor.
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 1991-92 financial year
submitted to the State Law and
Order Restoration
Council.
Chapter II
Reserved Fund
(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) expenditure which cannot be
anticipated;
(ii) being a case in which expenditure
must be 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, 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
therefor.
7. The State
Law and Order Restoration Council,
Multi-Party Democracy Election
Commission, Government, Chief
Justice, Attorney-General, Auditor-General,
Ministers and Departments shall
not be allowed to submit supplementary
t5udget, regarding receipt of
amounts 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
therefor.
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 he
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 for the
Ministry of Planning and Finance
for carrying out wholly or partly
the duties contained in this Chapter
III;
(b) The Minister for the Ministry
of Planning and Finance may, on
behalf of the State, furnish guarantees
regarding the taking of loans
under this Chapter LII.
12. During the
financial year, commencing 1st
April 1991 to 31st March 1992,
the actual amount of loan received
on the execution of loan agreements
in accordance with 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 their 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 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 1991-92 financial
year submitted to the State Law
and
Order Restoration Council together
with objects and reasons therefor;
(b) The Government may stipulate
the amount of money to he 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,
tides, 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 1991-1992
financial year submitted to the
State Law and Order Restoration
Council together with objects
and reasons therefor;
(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 exiting laws,
rules, regulations, bye-laws,
notifications, orders, directives
relevant to them.
Schedule
(1)
The State Law and Order Restoration
Council Multi-Party Democracy
General Election Commission, Government,
Chief Justice, Attorney-General
and Auditor- General
Schedule
(2)
The State Law and Order Restoration
Council, Multi-Party Democracy
General Election Commission, Government,
Chief Justice, Attorney-General
and Auditor-General
Schedule
(3)
Ministries and Departments
Schedule
(4)
Ministries and Departments
Schedule
(5)
State Economic Organizations
Schedule
(6)
State Economic Organizations
Schedule
(7)
Development Committees and Municipalities
Schedule
(8)
Development Committees and Municipalities
Sd./ Saw
Maung
Senior General
Chairman
The State Law and Order Restoration
Council