Civil Service Personnel Law (Second)

THE REPUBLIC OF THE UNION OF MYANMAR

The Second Amending Law of the Civil Service Personnel Law

(The Pyidaungsu Hluttaw Law No. 16, 2018)
The 1st Waxing of Waso, 1380 M.E.
(13 June, 2018)

The Pyidaungsu Hluttaw hereby enacts this Law.

1. This Law shall be called the Second Amending Law of the Civil Service Personnel Law.

2. In Section 2 of the Civil Service Personnel Law,
(a) the expression “Heads of the Hluttaw Organizations selected and assigned by the respective Hluttaw” in sub-clause (i) of sub-section (d) shall be substituted by the expression “Heads of Hluttaws”.
(b) the expression “the Office of the Myanmar National Human Rights Commission” contained in sub-section (f) shall be deleted.
(c) after sub-section (i), sub-section (j) shall be inserted as follows:
“(j) Public servant includes the following persons who are appointed or not appointed by the Government:
( i) civil service personnel;
(ii) political appointees;
(iii) persons appointed under the laws relating to emoluments, allowances and insignia of political appointees;
(iv) non-civil service personnel serving in government departments and government organizations, Hluttaws or courts;
( v ) persons assigned by elections or under any existing law; or any public servant who has authority, specified under any existing law or members of the organization formed by him, persons delegated or assigned further responsibility on their behalf;
( vi ) persons specified to be counted as public servants under any existing law;
(vii) persons authorised to arrest someone;
(viii) authorized persons to compile, declare or amend the election list of members of Hluttaw, City Development Committee or authorised public organizations;
( ix ) specially appointed persons in government departments and government organizations, Hluttaws or courts according to the nature of work;

3. The expression “the office of the Union Government” in sub-section (b) of section 8 of the Civil Service Personnel Law shall be substituted by the expression “the Union Government”.

4. After section 74 of the Civil Service Personnel Law, section 74-A shall be inserted as follows:
“74 A. The relevant departments and organizations may specify the rights of public servants who are non-civil service personnel, if necessary. Such specifications shall be carried out with the approval of  the Union Government, if the expenditure is incurred from the Union Fund, or with the approval of relevant Region or State Government, if the expenditure is incurred from Region or State Fund.”

I hereby sign under the Constitution of the Republic of the Union of Myanmar.

(Sd.) Win Myint
President
The Republic of the Union of Myanmar