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 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 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
Bangkok
Office :
Burma
Lawyers' Council
P.O. Box 29, Hua Mark Post
Office, 10243, Bangkok Thailand,
E- Mail : blcsan@ksc.th.com
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