The State Law and Order Restoration
Council The Development Committees
Law
(The State Law and Order Restoration Council Law
No. 5/93)
The 10th Waxing Day of Hnaung Tagu, 1354 M.E.
(1st April, 1993)
The State Law and Order Restoration
Council hereby enacts following Law: -
Chapter I
Title and Definition
1. This Law shall
be called the Development Committees Law.
2. The following
expressions contained in this Law shall have the
meanings given hereunder: -
(a) Development Committee means an organization formed
carry out the development works within the specified bound
an limit, This expression includes committee and service
organization;
(b) Ministry means the Ministry of Home Affairs;
(c) Minister means the Ministry for Home Affairs;
(d) Department means the Department of General Administrator;
(e) Director General means the Director General of the
Department of the General Administration;
(f) Officer in charge of State/ Division means the Officer
of the State/ Division Department of the General Administration;
(g) Committee means the Development Committee constituted
under this Law;
(h) Service Organization means the service personnel
of the Development Committee Office;
(i) Executive Officer means the Head of the service personnel
of the Development Committee Office;
(j) Bye-laws means the bye-laws issued by the Ministry
or the Department in respect of works prescribed under
this Law;
(k) Dangerous Trade means any work which may cause danger
to human life or its health, destruction or obstruction
to property either due to the nature of the work or the
manner it is carried out;
(l) Tax means any tax assessed under this Law. This expression
also includes taxes, rates, duties and fines;
(m) Slow-moving Vehicle means any vehicle such as side-car,
push-cart, peddled or pushed by a person or cart drawn
by animals and used or hired for the purpose of transporting
passengers and merchandise on payment of fare;
(n) The Driver of Slow-moving Vehicle means any person
who peddles, pushes, pulls or drives a Slow-moving Vehicle;
(o) Ferry Service means any public undertaking whereby
passengers, merchandise. animals and vehicles are transported
across a river, a channel or a lake by boat, mechanically
powered river craft or ship etc. on payment of a fare
or hire, The expression also includes ferry, jetty, ferry
terminal, ferry terminal buildings
Chapter II
Formation of Development Committees
3. The Ministry, except within
the limits of the City of Yangon Development and
the City of Mandalay Development areas may from
Committees in the remaining areas in the manner
:-
(a) development committees either for a township or for
adjoining townships collectively forming for the purpose
development work;
(b) in forming under sub-section (a) specify the Town
Development boundary limit for the purpose of carrying
out works, in the Township Development areas.
Chapter III
Formation of Committee
4. The Ministry
shall form the Development Committee with suitable
citizens in order to carry out the duties and functions
of the Committee,
5. In forming
the Committee, the Ministry shall at the same time,
appoint the Chairman of the Committee.
6. The Executive
Officer is the Secretary of the Committee.
7. When the Ministry
is unable to form the Committee or the Committee
is unable to carry out its duties and powers, the
Executive Officer or a suitable citizen may be assigned
with responsibilities to carry out the duties and
powers of the Committee.
8. The Committee
shall be a body corporate, operate under its own
name and have a common seal and perpetual succession
and right to sue and be sued in its corporate name.
Chapter IV
Duties and Function
9. The Committee
shall, in respect of the following duties and functions,
implement and supervise in accordance with the existing
laws;
(a) drawing up plans and carrying out town planning;
(b) carrying out works for water supply;
(c) carrying out works for sanitation;
(d) carrying out works for disposal of sewage;
(e) carrying out works for lighting of roads;
(f) construction, supervision and maintenance of markets
owned by the Committee;
(g) granting permission for the establishment of privately-owned
markets and supervising them;
(h) establishing cattle markets and supervising them;
(i) stipulation of conditions in respect of roadside
stalls;
(j) stipulation of conditions in respect of bakeries
and restaurants;
(k) stipulation of conditions in respect of dangerous
trade;
(l) carrying out precautionary measures against fire,
flood, storm and natural disaster;
(m) establishing cattle slaughter houses, granting permission
for slaughtering of cattle for public consumption and
Supervising sale of meat;
(n) administration of ferries;
(o) stipulation of conditions in respect of small loan
business;
(p) administration of Slow-moving Vehicles;
(q) construction and maintenance of roads, bridges;
(r) prescribing road bye-laws and the use of road, name
of road and number for the building;
(s) construction and maintenance of buildings under the
charge of the Committee;
(t) granting permission for construction of private buildings
within the Development Committee boundary limit and supervision
thereof;
(u) with the approval of the Ministry, granting permission
for the construction and supervision of private buildings
in rural area outside the Development Committee boundary
limit specified by notification;
(v) demolition of squatter buildings;
(w) granting permission for opening lodging houses and
supervision thereof;
(x) supervising the keeping and breeding of animals within
the Development area and disposal of carcasses;
(y) arresting of wandering insane persons, lepers, beggars
and handing over to the authority concerned;
(z) rounding-up, keeping in custody of wandering animals
and disposing them;
(aa) construction and maintenance of gardens, parks,
play grounds, swimming pools, public baths and recreation
centres;
(bb) allotting and supervising cemeteries, constructing
and maintaining crematoriums;
(cc) with the approval of the Ministry, demolishing of
cemeteries and using of land for other purposes;
(dd) executing other development works in the public
interest;
(ee) carrying out other duties assigned by the Ministry
from time to time.
Chapter V
Powers of the Committee
10. The Committee may, with the
sanction of the Ministry, carry out the following
:_
(a) prescribing, revising, assessing and collecting various
duties and taxes and their rates relating to development
works in accordance with the existing laws and rules;
(b) having the right to take loans and grants from the
Government or from local or foreign organizations on its
own responsibility;
(c) having the right to carry out works contributing
to the development of the town area or township area by
making contact with local and foreign organizations or
with local and foreign individuals;
(d) having the right to use the foreign currency delivered
from the lease of buildings or lands or by any other means
for development works;
(e) inspecting and submitting reports in respect of construction
and maintenance of State-owned buildings except those
buildings relating to the defence of the State or those
classified as secret.
11. The Committee
may carry out the following : -
(a) drawing up bye-laws in respect of development works
in accordance with existing laws and rules;
(b) implementing works with funds owned by the Committee
in accordance with existing laws and rules;
(c) carrying out works if necessary, by forming sub-committees;
(d) applying modern and advanced methods and technique
in order to execute the development work more effectively;
(e) consulting and co-ordinating, if necessary, with
government departments and organisations concerned in
the execution of its duties and functions;
(f) exercising the powers conferred from time to time
by the Ministry.
Chapter VI
Collection of Taxes
12. The Committee may, with the
sanction of the Ministry, levy the following taxes
either within the township development area or in
town area:
(a) building and land tax;
(b) water tax, street lighting tax, garbage tax and public
sewage tax;
(c) taxes collected on vehicles, beasts of burden and
domesticated pets;
(d) tax on vehicles and beasts of burden parking or stopping
within the town area;
(e) other taxes related to development permitted by this
Law.
13. The Committee shall assess
and collect taxes based on the following
(a) to assess not more than 10% of the annual value of
the rent in the case of buildings and lands;
(b) to balance income and expenditure in assessing taxes
on utility services;
(c) to expand and improve development works;
(d) to assess and collect taxes on buildings and lands
from the owner and taxes on utility services from the
occupants;
(e) to assess not more than 5% of the total income derived
from the privately owned land and building under Government
management.
14. The Committee may prescribe
or revise the annual rental value of the land and
building from time to time for the purpose of assessing
and collecting taxes on land, building and utility
services.
15. The Committee may from time
to time prescribe, revise and collect licence fees
for trade connected with the development works,
rent for stalls owned by the Committee, taxes on
market and licence fees for grant of establishment
of private markets.
16. The Committee
in connection with abolishing any tax or exempting
or remitting payment of any tax may carry out in
the following manner: -
(a) temporally suspending the abolishing or revising
or collecting any tax assessed with the approval of the
Ministry;
(b) exempting, remitting or abolishing of tax payable
by a tax payer on sufficient grounds.
17. The Executive Officer may,
in respect of arrears of taxes, carry out in I the
following manner: -
(a) recovery of arrears of taxes as If they were arrear
of and revenue;
(b) exercising powers of the Collector under existing
Laws in order to execute the matter under sub-section
(a).
Chapter VII
Administration of Development Works
18. The Committee may direct the
owner of any building or land or the occupant thereof
to comply with the following matters in respect
of any building located within the town area in
accordance with the relevant Laws, rules and bye-laws
: -
(a) suspending or altering or demolishing the construction
or renovation of any building which has been carried out
without prior permission or without compliance with the
specifications contained in the permission.
(b) removing any building or part of any building which
encroaches upon any public road, drain, water supply pipe,
sewage, etc;
(c) removing any building or part of any building which
obstructs the construction or repair of public roads and
bridges;
(d) repairing, demolishing or removing any dangerous
building or building unfit for human habitation or any
part thereof;
(e) white-washing or painting buildings and fences;
(f) erecting fences around unfenced land or repairing
of unrepaired fences;
(g) clearing and removing any noxious or untidy trees,
bushes and undergrowth and also filling up ravines, pitches.
19. If the present occupant is
directed to comply with section 18 subsections
(e), (f) and (g) the occupant shall comply as directed.
If the occupant is the lawful tenant he has the
right to request such expenses from the owner or
set-off from the rent.
20. The Committee may direct the
owner of the building or land or the occupant thereof
comply with the following matters in respect of
surface well, lake, drainage and sewage in accordance
with the relevant laws, rules and bye-laws : -
(a) erecting enclosure or repairing any dangerous surface
well, lake or pool of water;
(b) cleaning, repairing, filling tip or covering up any
unhygienic surface well, lake, water storage tank or receptacle
used for storing water;
(c) constructing or repairing drains, drainage pipe or
drains for proper flow of water discharged from factories,
workshops buildings and so as not to damage any street
or public property;
(d) repairing and improving the lay-out of the earth-work
so as to drain off water properly from factories, workshops
and buildings;
(e) maintaining flushing-type toilet with, flush tank
water-closet, sewage pipe and septic tank in factories,
workshops, buildings and compounds;
(f) closing or demolishing or altering and repairing
the toilet with flush tank, water-closet, sewage pipe
and septic tanks which have been installed either without
prior permission or without compliance with the specifications
contained in the permission;
(g) constructing of sewage pipe or water pipe passing
through adjacent land owned by some other person;
(h) compensating for damages if any, incurred to the
owner in constructing sewage or water pipe passing through
another persons land.
21. The Committee
may direct the owner of the building or land or
the occupier thereof within the town area to comply
with the following matters in accordance with the
provisions contained in the relevant laws, rules
and bye-laws -
(a) keeping and maintaining suitable garbage bins for
the collection of rubbish and offensive matters prior
to their disposal;
(b) prohibiting the use of public or private water supply
system found to be unhygienic;
(c) maintaining the rest house room or room rented in
whole to be in a clean and sanitary condition;
(d) keeping and maintaining the buildings used for public
entertainment in clean and sanitary condition as well
as to ensure safety from fire hazards
(e) prohibiting the use of or altering or maintaining
the work premises dealing in dangerous enterprises if
it becomes dangerous or nuisance to the neighbourhood.
22. The Committee
may direct the owner or relevant organization of
the unsuitable cemetery land to comply with the
relevant law, rules and bye-laws regarding the following
matters; -
(a) not to permit to use as cemetery land and to close
it;
(b) with the permission of the Ministry to transfer or
demolish the burial place.
Chapter VII
Administration of Slow-moving Vehicles
23. The Committee
may carry out the following in respect of Slow-moving
Vehicles:-
(a) drawing up and submitting bye-laws with regard to
Slow-moving Vehicles classwise;
(b) prescribing licence fees for Slow-moving Vehicles
and assessing and collecting thereof;
(c) prescribing the driving licence fees for Slow-moving
Vehicles and assessing and collecting thereof;
(d) issuing, suspending and cancelling licence for Slow-moving
Vehicles;
(e) issuing, suspending and cancelling driving licence
for Slow-moving Vehicles;
(f) inspecting and controlling the Slow-moving Vehicles;
(g) inspecting and controlling the drivers of Slow-moving
Vehicle.
24. Only a person
who obtains a licence issued by the Committee has
the right to operate the business of Slow-moving
Vehicle,
25. Only a person
who obtains a licence issued by the Committee has
the to drive a Slow-moving Vehicle.
26. The owner
and the driver of Slow-moving Vehicle shall comply
with the bye-laws as prescribed.
Chapter IX
Administration of Ferries
27. The Committee may as controller
of ferries within the township area, carry out in
accordance with the bye-laws in respect of ferries
as follows -
(a) granting permission to establish ferry business or
cancelling thereof;
(b) demarcating and revising the ferry limit;
(c) controlling ferry business;
(d) regulating the route for ferry;
(e) cancelling ferry licence on sufficient grounds;
(f) deciding payment of compensation and assessing the
amount of compensation for ferry licence the cancellation
of which is not due to violation of bye-laws;
(g) prescribing fares for ferry service;
(h) exempting Government Service personnel travelling
on duty, departmental vehicles, animals and goods from
payment of ferry charges for their transportation;
(i) remitting ferry licence fees or exempting thereof
on sufficient ground;
28. The Officer
in charge of State/Division may, as the controller
of ferry service and in respect of ferry service
serving two or more adjoining Townships, carry out
the following in accordance with the bye-laws :
-
(a) granting permission for establishment of ferry service
or cancelling thereof;
(b) prescribing and revising the ferry limit;
(c) controlling the ferry service;
(d) regulating ferry route;
(e) allocating income from ferry service proportionately
among the Committees which have adjoining ferry limits;
(f) cancelling ferry licence on sufficient grounds;
(g) appointing as the Controller of ferry service suitable
Executive Officer of a Committee;
(h) deciding payment of compensation and assessing the
amount of compensation for ferry licence cancellation
of which is not due to violation of bye-laws;
(i) prescribing fares for ferry service;
(j) exempting Government Service personal travelling
on duty, departmental vehicles, animals and goods from
payment of ferry charges for their transportation;
(k) remitting terry licence fees or exempting thereof
on sufficient grounds.
29. The Executive
Officer shall be responsible as the administrator
of the ferry service. The administrator of the ferry
service may, in respect of ferry service, carry
out as follows : -
(a) administering the ferry service;
(b) selling the ferry service licences In the prescribed
manner;
(c) requiring the ferry service licensee to make arrangements
to ensure the safety and convenience for the genera public;
(d) selling again the ferry service licences which are
cancelled due to violation of the bye-laws.
30. Only a person
who obtains the ferry service business licence has
the right to operate within the ferry service limit.
31. The ferry
service licensee shall comply with the instruction
issued by the administrator of the ferry service
regarding the proper maintenance and repair of either
ferry boat or the equipments concerned thereof.
32. The ferry
service licensee shall comply with the instruction
of the administrator of the ferry service to discontinue
the use of unsuitable boat or unsuitable equipments
concerned thereof.
33. The Director
General may decide disputes between one State/Division
and another n respect of location of ferry Service.
34. If the decision
or order passed by the administrator of ferry service
in respect of any provision contained in section
29 or section 31 or section 32 is not satisfied,
appeal may be submitted to the Controller concerned
of the ferry service within 30 days from the date
of passing such decision or order
35. (a) If the
decision or order passed by the Controller of the
ferry service under section 27 or section 28 is
not satisfied, appeal may be submitted to the Director
General within 60 days from the date of passing
such decision or order;
(b) If the decision or order passed by the Controller
of the ferry service under section 34 is not satisfied,
appeal may be submitted to the Director General within
60 days from the date of passing such decision or order.
Chapter X
Administration of Animal Slaughter
38. The Committee may grant permission
for the slaughter of buffalo, cow, horse, sheep,
goat and pig in animal slaughter house owned by
the Committee for the purpose of consumption by
the general public and sale of meat thereof at specified
places in accordance with the regulations.
37. The Staff
Officer of Township General Administration Department
may, under the supervision of the Officer in charge
of State/ Division concerned, grant permission for
the slaughter of cattle, at anywhere, for religious
and other occasions other than for the purpose of
public consumption under specified conditions.
38. The Committee
and Staff Officer or Township General Administration
Department shall in granting permission for cattle
slaughter carry out, in accordance with the instruction,
to prevent the wastage of cattle used in agriculture.
39. The Ministry
may issue necessary instruction in respect of animal
slaughter.
40. Only person
with permission granted under section 36 or section
37 :-
(a) may slaughter, cattle, sell meat, or possess meat
and skin
(b) may slaughter horse, sheep, goat, pig and sell meat.
Chapter XI
Supervision
41. The Minister
may confirm, revise or cancel the decision or measure
made by the Director General or Officer in charge
of State/ Division or the Committee in respect of
development works.
42. The Director
General shall after scrutinizing the execution of
works by the Officer in charge of State/Division
or the Committee, submit to the Minister.
43. The Director
General shall supervise the development works.
44. The Officer
in charge of State/Division shall carry out the
following in respect of the development works:-
(a) scrutinizing and submitting to the Director General
annual budget estimates, short-term and long-term projects
drawn up and submitted by the Committee.
(b) supervising the budget and for efficient development
works in exercising powers conferred by the Director General.
(c) co-ordinating development functions so as to be in
conformity with the law, rules, bye-laws and directives,
(d) inspecting works, buildings, proceedings, documents
and accounts relating to the Committee and reporting to
the Director General;
(e) suspending the Committee’s decision, order,
action or directive when it is found. to be illegal and
reporting the finding to the Director General.
Chapter XII
Appeal
45. If any decision
or order made by the Committee under section 14,
18(c) (e) (f), 20 (c) (d) (g) (h), 21(b) (e), is
not satisfied an appeal may be submitted to the
Officer in charge of State/Division concerned within
30 days from the date of such order or decision.
46. If any decision
or order passed by the Officer in charge of State/
Division concerned section 45 is not satisfied,
appeal may be submitted to the Director General
within 30 days from the date of such order or decision.
47. In respect
of the appeal :-
(a) no legal action to be taken against the person concerned
pending appeal;
(b) the decision of the Director General is final.
Chapter XIII
Finance
48. The Minister shall approve
the budget of the Committee. Collection and expenditure
may be made only in accordance with the budget approved
by the Minister.
49. The Committee shall : -
(a) scrutinise and submit to the Director-General, the
annual budget which has been submitted to him by the Executive
Officer through the Officer in charge of State / Division
;
(b) submit the annual financial and auditing situation
to the Director General through the Officer in charge
of State/ Division within 90 days of the expiry of the
financial year.
50. The Committee
shall open a separate bank account for its funds
and use the funds for development works. The funds
which are not required immediate use may be utilised
as prescribed.
51. The Committee
may open a separate Foreign Exchange Account and
may utilise it in accordance with the existing laws
and regulations with the permission of the Director
General.
Chapter XIV
Organizational Set-up
52. The Ministry
shall prepare and maintain as prescribed the necessary
organizational set-up based on the duties and function
of the development works and the amount of its income.
In preparing the organizational set-up, if necessary,
service personnel carrying out disciplinary measure
may be included.
53. The Ministry
has the power to appoint the service personnel within
the organizational set-up in accordance with the
existing regulations. The Executive Officer may
be delegated with power to exercise over the matters
related to affairs of certain level of service personnel.
54. The expenditure
on service personnel shall not be incurred more
than 30 per cent of the annual income accrued.
55. The Ministry
may appoint by transfer service personnel who are
capable of carrying out the development works effectively
in co-ordination with other Ministries concerned.
Chapter XV
Maintenance of Fund and Auditing of Accounts
56. In order
that the Executive Officer may maintain the accounts
systematically and to enable auditing thereof, the
Ministry shall prescribe the accounting procedure
in consultation with the Auditor-General. Accounts
shall be maintained in accordance with the accounting
procedures so prescribed.
57. The accounts
maintained by the Executive Officer shall be audited
by the person assigned for this purpose by the Auditor-General.
Chapter XVI
Prohibitions
58. No person
shall, within the limit of the town area, without
the permission or without being in conformity with
the specifications contained in the permission of
the Committee or without being in conformity with
the terms and conditions issued :-
(a) erect any building or part of a building encroaching
on public street, drain, water pipe or sewage pipe;
(b) spread, hang any textile or mat or other thing road,
drain, water pipe or sewage pipe causing obstruction thereof.
59. No person shall, within the
limit of the town area, without the permission of
the Committee or without being in conformity with
the specifications contained in the permission or
without being in conformity with the terms and conditions
issued;
(a) play any kind of game on public road;
(b) sell any merchandise or other things kept on display
on a table, bench, box or any receptacle by placing them
either on the road or over the drain causing obstruction
thereof;
(c) dispose garbage, offensive matters, etc. on the road
or in any place not specified for such disposal;
(d) build private road;
(e) erect any building on land where there is no entrance
or exit.
60. No person
shall, within the limit of the town area, without
the permission of the Committee or without being
in conformity with the specifications, contained
in the permission or without being in conformity
with he terms and conditions issued;-
(a) erect, re-erect, renovate or extend a building;
(b) make use of water from public water supply system
owned by the Committee;
(c) establish private water supply system for gain;
(d) establish camping ground or bathing places for the
public.
61. No person
shall, within the limit of the town area without
the permission of the Committee or without being
in conformity with the specifications contained
in the permission or without being in conformity
with the terms and conditions issued;-
(a) keep a corpse unburied or uncremated beyond the specified
period,
(b) keep a corpse unburied or uncremated beyond 12 hours
if the cause of death was due to contageous disease;
(c) bury or cremate a corpse at no other place than that
specified as cemetery
62. No person
shall, within the limit of the town area, without
the permission of the Committee or without being
in conformity with the specifications, contained
in the permission or without being in conformity
with the terms and conditions issued :-
(a) establish a lodging house;
(b) open restaurant, tea shop and shop for selling milk;
(c) establish bakeries and manufacture candies and all
kinds of preserved fruit.
63. No person
shall in a building within the limit of the town
area, without the permission of the Committee or
without being in conformity with the specifications,
contained in the permission or without being in
conformity with the terms and conditions issued
:-
(a) engage in enterprise which may involve danger:
(b) store and sell merchandise and related materials
which may involve danger.
64. No person
shall, within the limit of the town area, without
the permission of the Committee or without being
in conformity with the specifications, contained
in the permission or without being in conformity
with terms and conditions issued;-
(a) keep or raise animals;
(b) dispose of carcasses in a manner not being specified.
65. No person shall, without the
permission of the Committee or without being in
conformity with the specifications, contained in
the permission or without being in conformity with
the terms and conditions issued;-
(a) establish private market
or shift the market from one place to another
or re-establish a market previously closed or
expand the permitted area of the market;
(b) sell anything by using incorrect
weights, scale and measures;
(c) sell anything in the market
owned by the Committee in violation of the bye-laws;
(d) establish cattle market
and effect sale thereof;
(e) establish ice factories
and aerated water plants;
(f) establish small loans enterprise.
66. No person shall within the
limit of the town area;-
(a) prohibit the Committee or
a member of the Committee or any duly authorized
service personnel from entering any land or building
in the day time to carry out their duties under
this Law or under the rules and bye jaws made
under this Law;
(b) hinder or obstruct a contractor
who is under contract with the Committee from
carrying out the development works or any other
work connected therewith without legal authority.
Chapter XVII
Imposition of Administrative Penalty
67. The Committee or the Chairman
of the Committee or Executive Officer may impose
administrative penalty on a person who fails to
comply with or violates any provision contained
in the Schedule under section 72 and the relevant
rules and bye-laws.
68. Notwithstanding
any provision contained in section 72, the Committee
or the Chairman of the Committee of Executive Officer
may compose an administrative penalty of a minimum
sum of K 100 to a maximum sum of K 1000 on the first
Offender.
69. Any offence
for which administrative punishment has already
been imposed shall not be prosecuted again in a
Court of Law.
70. On failure
to pay fine ordered for an administrative punishment
such fine shall be recovered as if it were an arrear
of and revenue.
71. The Ministry
may prescribe the procedures for imposing administrative
penalty.
Chapter XVIII
Offences and Punishments
72. If any person fails to comply
with or violates any of the provisions of the following
sections or sub-sections or rules and bye-laws concerned,
he shall be fined on conviction for a minimum sum
of K 500 to a maximum sum of K 5000.
Section,
sub-section
Brief
Provision
(1)
(2)
18 (e)
Required to paint or
whitewash the building, fence.
18 (g)
Required to clear trees
undergrowth and to fill up the uneven ground;
20 (a)
Required to erect or
repair fences around dangerous surface wells,
lakes or pools of water;
20 (b)
Required to clean up
surface wells, lakes, reservoir, water tank
and pools of water or to fill with water and
cover up;
20 (c)
Required to construct
or repair channel, drainage pipe or drains
for water discharged from factories, workshops,
buildings and high ground so not to damage
any street or public property;
20 (f)
Required to close, demolish
or repair flush type toilet, water-closet,
sewage pipe or septic tanks
20 (g)
Required the owner of
the land to allow the construction of sewage
pipe or water pipe owned by another person
passing through his land if it necessary;
21 (a)
Required to keep and
maintain garbage bins for the disposal of
rubbish;
21 (d)
Required to keep and
maintain buildings used for entertainment
in accordance with the prescribed regulations;
24
Prohibiting to operate
the business of Slow-moving Vehicles without
licence
25
Prohibiting the driving
of Slow-moving Vehicles without licence;
26
Requiring the owner and
the driver of Slow-moving Vehicles to comply
with prescribed bye-laws;
40 (b)
Prohibiting the slaughtering
of horse, sheep, goat, pig and selling the
meat without permission;
58 (b)
Prohibiting the spreading
or hanging of anything obstructing the street,
drains, water pipe or sewage pipe;
59 (a)
Prohibiting the playing
of games or sports on public roads,
59 (b)
Prohibiting the display
and sale of merchandise over the drains obstructing
thereof;
59 (c)
Prohibiting disposal
of garbage, offensive matters, etc. on the
road or in any place not specified for such
disposal;
60 (b)
Prohibiting the securing
of water against the bye-laws from public
water supply system owned by the Committee;
64 (a)
Prohibiting the keeping
or raising of animals;
65 (b)
Prohibiting the sale
of using incorrect weights, scales and measures;
65 (c)
Prohibiting the sale of merchandise in the
market owned by the Committee in violation of
the bye-laws.
Explanation. The statements mentioned
above the heading "Brief provision" in
column (2) of the above Schedule are not the definitions
of the offences but are mere reference to the subject
matters contained in the section and subsections.
73. If any person
fails to comply with or violates any of the provisions
of the following sections or sub-sections or any
directive contained in the rules and bye-laws concerned,
he shall be fined on conviction for a minimum sum
of K. 1000 to a maximum sum of K. 10000.
Section,
sub-section
Brief
Provision
(1)
(2)
18
(a)
Requiring to suspend,
renovate or demolish the construction of buildings
against the bye-laws ;
18 (b)
Requiring to remove building which encroaches
upon road, drain, water pipe and sewage pipe;
18 (c)
Requiring to remove building which obstructs
the construction or repair of roads and bridges;
18 (d)
Requiring to repair or demolish dangerous
building and to evacuate the occupants thereof;
20 (d)
Requiring to repair and improve the ground
work for the efficient drainage of water discharged
from factories, workshops and buildings;
20 (e)
Requiring to maintain flush-type toilet, water
closet sewage pipe and septic tank in factories
and workshops;
20 (h)
Requiring to pay compensation for the injury
due to construction of sewage pipe or water
pipe passing through the land owned by another
person;
21 (b)
Requiring to close the unhygienic water supply
System;
21 (c)
Requiring to carry out the maintenance of
rest house or lodging house in accordance with
the prescribed bye-laws;
22 (a)
Causing the closure of the cemetery land which
is not proper for use;
58 (a)
Prohibiting the erection of building encroaching
on street, drain, water pipe or sewage pipe.
59 (d)
Prohibiting the construction of private road
;
59 (e)
Prohibiting the erection of buildings on land
where there is no entrance or exit there from;
60 (a)
Prohibiting the erection, renovation or extension
of a building;
60 (c)
Prohibiting the establishment of private wafer
supply system for gain;
60 (d)
Prohibiting the establishment of camping ground
or bathing places for the public;
61 (a)
Prohibiting the keeping of a corpse for more
than the specified period;
61 (b)
Prohibiting the keeping of a corpse for more
than 12 hours if the cause of death is due to
epidemic disease
61 (c)
Prohibiting the burial or cremation of corpse
at no other place than that specified as cemetery;
62 (a)
Prohibiting the establishment of lodging house;
62 (b)
Prohibiting the opening of restaurant;
62 (c)
Prohibiting the establishment of bakeries
and manufacturing candies and all kinds of preserved
fruit;
65 (a)
Prohibiting the establishment of private market
or shifting the market or re-opening already
closed market or the expansion of the permitted
area of the market.
65 (d)
Prohibiting the establishment of cattle market
and sale thereof;
65 (e)
Prohibiting the establishment of ice factories
and aerated water plants;
65 (f)
Prohibiting the establishment of small loan
enterprises.
Explanation. The
statements mentioned under the heading "Brief
provision" in column (2) of the above Schedule
are not the definitions of the offences but are
mere reference to the subject matters contained
in the sections and sub-sections.
74. If any person
fails to comply with or violates any of the provisions
of the following sections or sub-sections or any
directive contained in the rules and bye-laws concerned,
he shall be fined for a minimum sum of K. 2000 to
a maximum sum of K. 20000 or punishable with imprisonment
for a term which may extend to one year or both.
Section,
sub-section
Brief
Provision
(1)
(2)
21 (e)
Prohibiting the use of
work-premises in respect of dealing in dangerous
trade or requiring the necessary repair to
the premises if it becomes dangerous;
22 (b)
Demolishing the cemetery land which is. not
proper for use;
63 (a)
Prohibiting the engagement in dangerous trade;
63 (b)
Prohibiting the storage and sale of merchandise
related to dangerous trade:
64 (b)
Requiring to dispose of carcasses as prescribed.
Explanation. The
statements mentioned under the heading "Brief
provisions" in Column (2) of the above Schedule
are not the definitions of the offences but are
mere reference to the subject matters contained
in the sections and sub-sections.
75. Whoever contravenes
any of the provisions under sections 30, 31 and
32 or fails to comply with the rules and bye-laws
concerned, shall be punished on conviction with
fine which may extend from a minimum sum of K.1000
to a maximum sum of K. 10000.
76. Whoever contravenes
any of the provisions contained in the Schedule
mentioned under section 72 or fails to comply with
the rules and bye-laws concerned and after being
convicted for commission of aforesaid offences,
shall be punished for each day that he continues
so to contravene or for noncompliance with
a fine of K. 50.
77. Whoever contravenes
any of the provisions contained in the Schedule
mentioned under section 73 or fails to comply with
the rules and bye-laws concerned and after being
convicted for commission of aforesaid offences,
shall be punished for each day that he continues
so to contravene or for noncompliance with
a fine of K. 100.
78. Whoever contravenes
any of the provisions contained in the Schedule
mentioned under section 74 or fails to comply with
the rules and bye-laws concerned and after being
convicted for commission of aforesaid offences,
shall be punished for each day that he continues
so to contravene or for noncompliance with
a fine of K. 200.
79. Whoever contravenes
any of the provisions under section 66 shall be
punishable on conviction with fine which may extend
from a minimum sum of K. 2000 to a maximum sum of
K. 20000.
80. (a) Whoever
slaughters buffalo or cow or keeps in possession
meat or skin of buffalo or cow shall be punished
with imprisonment which may extend to one year and
may also be fined.
(b) In prosecuting under this section
the burden of proof is on the person to show that the meat
is that of buffalo or cow slaughtered with the permission
of the authority concerned or that the meat found in possession
is that of buffalo or cow slaughtered lawfully or the meat
is that of buffalo or cow that have died from any other
cause.
81. (a) The Staff
Officer of the Township General Administration Department
concerned shall prosecute the cases for violation
of section 37;
(b) The Committee concerned or the person
delegated by the Committee shall prosecute the cases other
than those mentioned in sub-section (a).
82. The Committee
may, in carrying out its duties and powers under
this Law, request for the assistance from the Police
Department if it is necessary. The Police Department
shall give the assistance on such request.
Chapter XIX
Miscellaneous
83. If any development
work is connected with two or more than two Committees,
the two or more than two Committees concerned may,
in carrying out the operation, co-operate among
them with the approval of the Ministry.
84. Notwithstanding
anything contained under any existing law, the Ministry
may co-ordinate with the other Ministry concerned
for the allocation of suitable proportion of taxes
for the Committee out of taxes levied by other Government
Departments in respect of development works performed
by other Government Departments.
85. Funds owned
by the Municipality, formed under the laws which
are repealed by this Law, moveable and immoveable
property, works in the process of execution, work
which has been completed! assets and liabilities
shall devolve respectively on the Committee.
86. The department
concerned shall give advance information to the
Committee concerned regarding their work programme
in respect of construction or demolition of State-owned
buildings except buildings related to the security
of the State or classified as secret.
87. The existing
bye-laws orders and directives in respect of development
works shall remain in force so long as they are
not repugnant to the provisions of this Law.
88. The City of
Mandalay Development Committee may apply the provisions
of this Law in so far as they are not contrary to
the City of Mandalay Development Committee Law.
89. In order to
be able to carry out the provisions of this Law;-
(a) the Ministry may, with the
approval of the Government, issue necessary rules
and procedures;
(b) the Ministry or the Department
may issue the necessary bye-laws, orders and directives.
90. The following laws are repealed
by this Law:
(a) The Hackney Carriage Act, 1879.
(b) The Government Management of
Private Estates Act 1892.
(c) The Municipal Act, 1898.
(d) The Ferries Act, 1898,
(e) The Government Buildings Act,
1899.
(f) The Local Authorities Loans
Act, 1914.
(g) The Myanmar Rural Self Government
Act, 1921.
(h) The Local Authorities (Suspension)
Act, 1946.
(i) The Buildings (Regulation of
Construction and Repair) Act, 1946,
(j) The Cattle Slaughter Prohibition
Act, 1947.
Sd./ Than Shwe
General
Chairman
The State Law and Order Restoration 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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