Union Civil Services Board Law

15 Mar, 2021 Introduction, Union Civil Services Board Law 0 Comments 1

The Union of Myanmar
The State Peace and Development Council
The Union Civil Services Board Law
( The State Peace and Development Council Law
No. 24 / 2010 )
The 5th Waning Day of Thidinkyut, 1372 M.E.
(28th October, 2010 )

Preamble

Since it is provided in section 443 of the Constitution of the Republic of the Union of Myanmar that the State Peace and Development Council shall carry out the necessary preparatory works to implement the Constitution, it has become necessary to enact the relevant laws to enable performance of the legislative, administrative and judicial functions of the Union smoothly, to enable performance of works that are to be carried out when the various Hluttaws come into existence and to enable performance of the preparatory works in accord with law.

As such, the State Peace and Development Council hereby enacts this Law in accord with section 443 of the Constitution of the Republic of the Union of Myanmar, in order to enable determination of the duties and powers of the Union Civil Services Board under the Constitution of the Republic of the Union of Myanmar.

21 Mar, 2021 1. Title, Enforcement and Definition, Union Civil Services Board Law 0 Comments 1

Chapter I
Title, Enforcement and Definition

1. (a) This Law shall be called the Union Civil Services Board Law.
(b) This Law shall come into force from the day on which the Constitution comes into force.

26 Mar, 2021 1. Title, Enforcement and Definition, Union Civil Services Board Law 0 Comments 1

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

(a) Constitution means the Constitution of the Republic of the Union of Myanmar;
(b) Board means the Union Civil Services Board formed under the Constitution and this Law;
(c) Chairperson means the Chairperson of the Union Civil Services Board;
(d) Member means the member of the Union Civil Services Board;
(e) Services Personnel Organization means the Civil Services Personnel Organization formed in accord with the provisions contained in the Constitution and the existing law;
(f) Services personnel means the civil services personnel who are appointed in the post contained in the set-up of any Services Personnel Organization.

27 Mar, 2021 1. Title, Enforcement and Definition, Union Civil Services Board Law 0 Comments 1

3. This Law shall apply to all civil services personnel of each Services Personnel Organizations except the civil services personnel mentioned in sections 291 and 292 of the Constitution.

27 Mar, 2021 2. Formation of the Union Civil Services Board and Appointing and Assigning Duties, Union Civil Services Board Law, Formation of the Board 0 Comments 1

Chapter II

Formation of the Union Civil Services Board and Appointing and Assigning Dutie

Formation of the Board

4. The President shall form the Union Civil Services Board with a minimum of 5 members to a maximum of 7 members, including the Chairperson, to enable carrying out of duties for selecting, training of civil services personnel and prescribing of civil services regulations.

28 Mar, 2021 2. Formation of the Union Civil Services Board and Appointing and Assigning Duties, Union Civil Services Board Law, Appointing and Assigning Duties to the Chairperson and Members 0 Comments 1

Appointing and Assigning Duties to the Chairperson and Members

5. The President shall appoint a Chairperson and members of the Union Civil Services Board from among the persons who fulfil the following qualifications :

(a) person who has attained 50 years of age;
(b) person who fulfils the qualifications stipulated for the Pyithu Hluttaw representatives as mentioned in section 120, with the exception of the age;
(c) person who has not infringed the provisions mentioned in section 121 of the Constitution which disqualify a person from standing for election as Pyithu Hluttaw representatives;
(d) experienced intelligentsia and intellectuals;
(e) person who is loyal to the Union and its citizens;
(f) person who is not a member of a political party;
(g) person who is not a Hluttaw representative.

30 Mar, 2021 2. Formation of the Union Civil Services Board and Appointing and Assigning Duties, Union Civil Services Board Law, Appointing and Assigning Duties to the Chairperson and Members 0 Comments 1

6. (a) The Chairperson shall be responsible to the President.
(b) The members shall be responsible to the Chairperson and to the President through the Chairperson.

7. If the Chairperson and members:

(a) are civil services personnel, it shall be carried out according to the provisions of sub-section (c) of section 246 of the Constitution;
(b) are person who will contest in any forthcoming general election, in order not to lose the right to be elected conferred on a citizen under sub-section (a) of section 38 of the Constitution, are entitled to carry out the party organizational activities and territorial organizational activities relating to election in conformity with the provisions contained in sections 120 and 121 of the Constitution,commencing from the day of the announcement to hold the election by the Union Election Commission.

30 Mar, 2021 3. Duties and Powers of the Board, Union Civil Services Board Law 0 Comments 1

Chapter III

Duties and Powers of the Board

8. The duties of the Board are as follows:
(a) selecting systematically the civil services personnel contained in section 3;
(b) training and nurturing the services personnel effectively;
(c) supporting the Union Government for determining the ethics, regulations, procedures, standards relating to the services personnel and enabling to lay down the policy guidelines ;
(d) conducting research relating to the affairs of services personnel;
(e) communicating with the United Nations Agencies, Regional Organizations and International Organizations, with the approval of the Union Government, in respect of the affairs of services personnel;
(f) scrutinizing the affairs of services personnel which are enquired by the Services Personnel Organizations and replying in accord with the existing regulations and procedures;
(g) maintaining the records systematically in respect of matters of taking action against the services personnel;
(h) scrutinizing and coordinating in respect of matters of selecting, nurturing and maintenance of the disciplines of the Union Services Personnel Organizations and Services Personnel Organizations of the Region or State;
(i) coordinating and carrying out to form the Civil Services Personnel Organizations for enabling to carry out works administered by the Region or State Government and in the appointment of necessary civil services personnel, in accord with the Union law relating to services personnel or by coordinating with the Union Government in advance;
(j) reporting the performance of the Board annually to the President and submitting interim report if necessary;
(k) performing duties assigned by the Union Government, from time to time.

30 Mar, 2021 3. Duties and Powers of the Board, Union Civil Services Board Law 0 Comments 1

9. The powers of the Board relating to the selection for the appointment and promotion of the services personnel are as follows:

(a) determining, with the approval of the Union Government, which rank of services personnel only shall have to be selected by the Board;
(b) determining to select the services personnel of the remaining ranks by the relevant Services Personnel Organizations in accord with the directives of the Board, other than the stipulated rank of office to be selected only by the Board;
(c) delegating the Union Services Personnel Organizations to select the services personnel for the prescribed rank under sub-section (b) by forming a body by the head of the relevant Services Personnel Organization;
(d) causing the head of the Services Personnel Organization of the Region or State to carry out according to the directive of the Board in the matters where it is the services personnel contained in sub-section (i) of section 8, subject to the provisions contained in sub-section (h) of section 8;
(e) recommending to the office of the Union Government if it is necessary to appoint any rank of services personnel in any Services Personnel Organization due to any unusual circumstance;
(f) scrutinizing, according to the stipulations relating to promotion, the matters of recommendation by the relevant Services Personnel Organizations in respect of the promotion to the rank of gazetted officer.

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