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Civil Services Personnel Law

THE REPUBLIC OF THE UNION OF MYANMAR

THE CIVIL SERVICES PERSONNEL LAW

(The Pyidaungsu Hluttaw Law No. 5/ 2013)
The 11th Waning of Tabodwe, 1374 M.E.
(8th March, 2013)
The Pyidaungsu Hluttaw hereby enacts this Law.

Chapter I
Title and Definition

1. This Law shall be called the Civil Services Personnel Law.

2. The following expressions contained in this Law shall have the meaning given hereunder:

  • (a) Constitution means the Constitution of the Republic of the Union of Myanmar.
  • (b) Formation of the Services Personnel means the formation of the Services Personnel Organization approved by the Union Government in accord with the Constitution and the provisions of this Law and the formation of the Services Personnel Organization formed by the Region or State Government by coordinating with the Union Government in advance.
  • (c) Services Personnel Organization means the Civil Services Personnel Organization which is formed with the formation.
  • (d) Head of the Services Personnel Organization means a person who is appointed and assigned duty as the Head of the Services Personnel Organization in any Services Personnel Organization by the President.
  • (e) Services Personnel means a Civil Services Personnel appointed to any post contained in the formation of any services personnel organization. In this expression, Defense Services Personnel and members of Police Force are not included for the matter of this Law.
  • (f) Ministry and Organization means each and every Ministry of the Union Government, each and every Ministry of the Region or State Government and the Self-Administered Areas. In this expression, the Office of the President of the Union, the Office of the Union Government, the Office of the Hluttaw, the Office of the Supreme Court of the Union, the Constitutional Tribunal of the Union, the Office of the Union Election Commission, the Union Attorney General’s Office, the Union Auditor General’s Office, the Office of the Union Civil Service Board, the Office of the Nay Pyi Taw Council and the Offices of the Development Committees shall also be included.
  • (g) Title to hold lien means the title to hold the substantive appointment at the vacant permanent post contained in the formation.
  • (h) Initial Appointed Post means the rank of a post which shall be started according to the classes of Services Personnel in each and every Services Organization.
  • (i) Civil Services Board means the Union Civil Service Board.

4. The Region or State Government may, as may be necessary, form Region or State Services Personnel Organization in accord with the Constitution and the provisions of this Law and by coordinating with the Union Government in advance in order to perform the functions which have to be taken responsibility and implemented by the Region or State Government. Necessary Services Personnel may be appointed.

5. In respect of forming Services Personnel Organizations, the Union Government may lay down necessary policies, confirm the formation, prescribe the rank of the post of services personnel and time-scale pay with recommendation of the Civil Service Board, form the classes of services personnel in accord with the skill, technical know-how and nature of the work and review, scrutinize and amend such functions from time to time.

7. In the respect of the matter of selection and appointment of services personnel in accord with the stipulations of the Union Government from time to time:

  • (a) the respective Ministry and the Head of Organization shall appoint the Services Personnel selected by the Civil Services Board for the rank of initial substantive post which is stipulated according to the class of services personnel in each and every Services Personnel Organization.
  • (b) the Head of Services Personnel Organization shall select and appoint the Services Personnel for the rank of other initial substantive post except the rank of the post appointed under sub-section (a).

8. (a) If it is desirous to transfer any gazetted officer from any Ministry and Services Personnel Organization to other Ministry and Services Personnel Organization and if he is complete with stipulated qualifications, the relevant Services Personnel Organization shall coordinate the Civil Services Board.
(b) The Civil Services Board shall scrutinize upon the coordination under sub-section (a) and submit to the Union Government.

Chapter IV
Duties and Rights

Duties

10. The Services Personnel is responsible for:

  • (a) allegiance to the Union;
  • (b) abiding the provisions contained in the Constitution and the existing Laws;
  • (c) performing the interest of the Union and its citizens with regard;
  • (d) maintaining and safeguarding of the state-owned properties and finance not to be lost and misappropriated;
  • (e) carrying out the assigned duties and responsibilities efficiently;
  • (f) abiding the Rules, Regulations, by-laws, orders, directives made by this Law and specific workplace conditions, orders and directives particularly stipulated by the respective Services Personnel Organization;
  • (g) being free from party politics;
  • (h) attending the trainings stipulated by the Civil Services Board;
  • (i) avoiding from depravity and misconduct;
  • (j) avoiding from misappropriation of vested authority according to the duty;
  • (k) avoiding from bribery;
  • (l) respect to the public.
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