Myanmar Law (1993)
Myarmar Law(1993):
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The State Law and Order Restoration Council
The State Budget Law, 1993
(The State Law and Order Restoration Council Law Na. 3/93)
The 7th Waxing Day of Hnaung Tagu, 1354 M.E.
(29th March, 1993)

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, 1993;

(b) This Law shall come into force with effect from the 1st of April, 1993 for the 1993-94 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. 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 is accordance with the State Budget Programme. In carrying out such functions, all receipts shall be credited to the State Budget and all expenditures payable 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 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.


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;

(b) The Government shall submit matters relating to expenditures in excess permitted under sub-section (a) to the State Law and Order Restoration Council together with objects and reasons casewise.


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 1993-94 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 be ncurred 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 of 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 section 5 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 Government of 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 financial year, new security bonds may be issued when repayment of the loan becomes due.


10. The State Economic Organizations, Development Committees and 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;

(b) The Minister of the Ministry of Finance and Revenue may, on behalf of the State furnish guarantees for the taking of loans under this Chapter III.


12.
During the Financial year commencing 1st April 1993 and ending on 31st March 1994, 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 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 these receipts and administer these expenditures as are shown against them in Schedules (5) and (6) ;

(b) 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 1993-94 financial year submitted to the State Law and Order Restoration Council together with objects and reasons therefor;

(b) The Government may determine the amount of money to be contributed by the State Economic Organizations towards the State

PART IV
Development Committees and Municipalities

16. Development Committees and the Municipalities shall subsist on their own funds and shall carry out their functions in accordance with their Budget Programme

17. (a) The respective person who have been given the responsibility for the receipt and expenditure of the Development Committees and the 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 subsection (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 the Development Committees and the Municipalities. Such alterations shall be shown in the revised estimate budget for the 1993-94 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 grants or loans.

19. The Development Committees and the Municipalities may collect only such rates and taxes permitted by the existing laws, rules, regulations, bye-laws, orders, directives as are relevant to them.

Schedule (1)
The State Law and Order Restoration Council, Multiparty 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 (2)
Development Committees and Municipalities




Sd./Than Shwe
Senior General
Chairman
The State Peace and Development Council

 

 
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