The City of Mandalay Development Law 1992 မႏၱေလးၿမိဳ႕ေတာ္စည္ပင္သာယာေရးဥပေဒ (၁၉၉၂)

7/28/2019 The City of Mandalay Development Law 1992 ( )

1/51234 Housing, Land and Property Rights in Burma: The Current Legal Framework

THE CITY OF MANDALAY DEVELOPMENT LAW (1992)

[Repealed by the City o Mandalay Development Law (2002)]

The State Law and Order Restoration Council Law No. 10/92The 6th Waxing Day o Pyatho, 1354 M.E

29 December 1992The State Law and Order Restoration Council hereby enacts the ollowing Law:

CHAPTER ITITLE AND DEFINITION

1. This Law shall be called the City o Mandalay Development Law.

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

(a) Committee means the City o Mandalay Development Committee ormed under thisLaw;

(b) Head o Oce means the Head o the personnel o the City o Mandalay DevelopmentCommittee Oce.

CHAPTER II

FORMATION

3. In order to carry out the development works o the City o Mandalay eectively, thePrime Minister:-

(a) shall orm the Committee comprising a minimum o 5 members and a maximum o 7members;(b) in orming the Committee shall do so with suitable citizens;

(c) shall at the same time determine the Chairman and Secretary o the Committee.

4. The Chairman o the Committee is the Mayor o Mandalay.

5. The Head o Oce is the Joint Secretary o the Committee.

6. The Committee shall operate under its own name and a common seal, and shall haveperpetual succession with power to sue and be sued in its corporate name.


2/51235Repealed Laws

CHAPTER IIIBEING RESPONSIBLE

7. The Committee shall be directly responsible to the Prime Minister.

8. In carrying out city development works, the Committee shall carry out works in which

policy matters are involved only ater obtaining the approval o the Prime Minister.

CHAPTER IVFUNCTIONS AND DUTIES OF THE COMMITTEE

9. The Committee shall, in respect o the ollowing unctions and duties, lay down thepolicy, give guidance, supervise or implement:

(a) preparation o civil projects and establishment o new towns within the limits o the

City o Mandalay Municipality;

(b) construction, repairing and demolition o buildings;

(c) demolition and re-settlement o squatter houses, squatter buildings and squatter wards;

(d) construction o roads and bridges and maintenance thereo;

(e) stipulation o conditions or trac and parking o vehicles and slow-moving vehicles

() construction o gardens, parks, playgrounds and recreation centres and maintenancethereo;

(g) carrying out works or lighting o roads

(h) carrying out works or water supply;

(i) carrying out works or sanitation;

(j) carrying out works or public health;

(k) construction, maintenance and administration o markets;

(l) stipulation o conditions in respect o roadside stalls;

(j) carrying out precautionary measures against fre hazards

(m) carrying out other city development works in the interest o the public.



10. The Committee shall, in addition to the unctions and duties contained in section 9also carry out other unctions and duties prescribed by the existing city development law,rules and bye-laws.

11. The Committee may, in carrying out its unctions and duties co-ordinate with therelevant departments and obtain the assistance thereo, i necessary.

CHAPTER VPOWERS OF THE COMMITTEE

12. The powers o the Committee are as ollows:

(a) having the power to carry out city development works with unds owned by theCommittee, in accordance with the existing law, rules and bye-laws;

(b) determining, revising, assessing and collecting duties and taxes relating to citydevelopment works and the rates thereo, in accordance with the existing laws;

(c) having the power to utilize oreign currency derived rom the lease o buildings or leaseo lands or by other means, or city development works;

(d) having the power to carry out works contributing to city development by communicatingwith local and oreign organizations or local and oreign individuals;

(e) having the power to obtain loans and grants rom the Government or rom oreignorganizations, on its own responsibility;

() having the power to carry out works by orming bodies work-wise;

(g) arranging improved modern methods and systems in order to carry out city developmentworks more eectively;

(h) exercising powers conerred under the existing city development law, rules and bye-laws;

(i) exercising powers conerred rom time to time by the Prime Minister.

CHAPTER VIFINANCE

13. The Committee shall subsist on its own unds. In addition, it shall undertakeresponsibility or all its fnancial matters.

14. The Committee shall open a separate bank account or its unds and shall have thepower to utilize such unds or city development works. Funds not immediately requiredor use may be invested in a suitable manner.


4/51237Repealed Laws

15. The Committee shall open a separate bank account or oreign currency accrued to itand shall have the power to utilize such oreign currency or city development works.

16. The Committee shall:

(a) ater scrutinizing the annual budget estimate prepared and submitted by the Head o

Oce submit the same to the Prime Minister and obtain confrmation;

(b) submit and report the progress o the annual fnance and auditing work to the PrimeMinister within 90 days o the end o the fnancial year.

CHAPTER VII

ORGANIZATIONAL SET-UP

17. The Committee shall prepare and maintain the necessary organizational set-up based

on the unctions and duties, with the confrmation o the Prime Minister.

18. The Committee may, in preparing the organizational set-up under section 17 alsoinclude in the set-up the ollowing personnel contributing to the city development works,ater consultation with the relevant departments:

(a) personnel carrying out work relating to precautionary measures against disease andpublic health;

(b) personnel carrying out the unction o precautionary measures against fre hazards;

(c) personnel carrying out the unction o security and maintenance o discipline.

19 The Committee, in appointing personnel:-

(a) has the power to appoint within the organizational set-up, in accordance with theexisting regulations and bye-laws;

(b) may appoint by transer, personnel who would be able to carry out eectively citydevelopment works, in consultation with the relevant departments.

20. In appointing personnel, the Committee shall not utilize in excess o 30 percent o theannual income accrued.

21. In order that the Head o Oce may supervise and control the personnel the Committeeshall delegate as may be necessary powers relating to service aairs to the Head o Oce.



CHAPTER VIIIMAINTENANCE OF FUND AND AUDITING OF ACCOUNTS

22. In order that the Head o Oce may maintain the accounts systematically and toenable auditing thereo, the Committee shall prescribe accounts procedures in consultation

with the Auditor General. Accounts shall be maintained in accordance with the accounts

procedures so prescribed.

23. The Committee shall cause the accounts maintained by the Head o Oce to be auditedby a person assigned responsibility by the Auditor General.

CHAPTER IXMISCELLANEOUS

24. Funds owned by the City o Mandalay Municipality, moveable and immoveable

property, works in the process o execution, works which have been completed, assets andliabilities shall devolve respectively on the Committee.25. The Committee shall apply the existing city development law, rules, bye-laws and ordersin so ar as they are not contrary to the objective and concepts o this Law.

26. For the purpose o carrying out the provisions o this Law, the Committee may:

(a) issue such rules and procedures as may be necessary, with the approval o the Prime

Minister;

(b) issue such bye-laws, orders and directives as may be necessary.Sd./Than ShweGeneralChairmanThe State Law and Order Restoration Council

Documents

The City of Mandalay Development Law 1992 မႏၱေလးၿမိဳ႕ေတာ္စည္ပင္သာယာေရးဥပေဒ (၁၉၉၂)