CRPP/NLD

• Press Release • CRPP Notifications • CRPP Resolutions • NLD Statements • NLD Resolutions • NLD Reports Printable Version

Representatives of the People elected to the Parliament in the 1990
multiparty democratic elections
(Committee Representing People's Parliament)

Notification 3/1998

Reference paragraph 5(e) of our Notification No 2 dated the 28 September
1998. Sections 8 and 12 of the Village Act are reproduced below for
general information:-

Section 8- General duties of the Council Chairman

(1) The Council chairman and its members have civic duties to the people
as below:-

(a) To investigate and interrogate and examine every report relating to offences described in Section 7.

(b) When there are sufficient reasons to believe that an offence has
been or will be committed, to apprehend the offender and recover
properties.

(c) To arrest persons taking refuge in the village without
justification.

(d) As soon as possible, to hand over the arrested individual, weapons
and other exhibits to the nearest police station.

(e) To defend the village against any illegal attack.

(f) To carry out instructions given by the township council in matters relating to defence, road transport and communications, and the procurement of water.

(g) To provide facilities such as guides, porters, provisions, carts, labourers , elephants, horses, mules, asses, boats and likewise transportation to the military units posted in or near or passing through the village, and to government servants travelling on official business on payment of wages or allowances as prescribed by the township council.
Proviso- No council chairman or member is empowered to compel any villager who is not a manual labourer or a servant to personally perform such tasks, but can ask for a substitute.

(h) x x x

(i) To assist the Land Committee in collecting revenue payable to the government by residents of the village and from owners of vacant land.

(j) To maintain a village birth and death register in accordance with regulations.

(k) To administer and monitor the following matters:-

(1) Prevention and eradication of contagious diseases of humans and animals

(2) Restrain and suppress disturbances of the public peace.

(3) Fire prevention

(4) Village cleansing

(5) Making of regulations regarding the slaughter and sale of meat of
buffaloes, cows, sheep, goats and pigs.

(l) To investigate diligently and give whatever information relating to
village matters that is required by the police, government officers and
anyone of the officers from the army, navy and air force.

(m) To confiscate weapons as prescribed in Section 21(a) from persons
attending , or going or returning from village functions.

(1) In performance of civic duties, giving appropriate assistance to
government officials.
(2) The council chairman's duties described in subsection 1 also applies
to council members.

(3) Every council chairman is empowered to arrest any person who
contravenes the provisions of Section 510 of the Penal Code pertaining
to drunkenness and inappropriate acts in public places.

Section 12:
Penalty prescribed for negligence or failure to perform their civic duties are

(1) (deleted)

(2) The council may order a payment of ten kyats or detention for 48 hours at a place prescribed by the township council chairman or both.

(3) A magistrate can impost a fine of fifty kyats or imprisonment of one
month of both.

Committee Representing People's Parliament
Rangoon
2nd October 1998

Note- The above law was enacted in 1908 by the colonial imperialists
and has been in force to date. It was revised by the Socialist Republic
of Burma Council and approved and enforced by State Law and Order
Restoration Council ( now the State Peace and Development Council).

( The National League for Democracy takes full responsibility for
distribution)

Committee Representing People's Parliament Elected by the 1990
Multiparty Democratic Elections

In our Notification No 3 (2/10/98) the provisions of Section 8 and 12 of the Village Act have been reproduced. A decision was taken to place our views in relation to this before the Parliament.

Section 8 and 8(1) describes the general duties of Village Council Chairman and members. As they are not elected according to the wishes of the people, in future when a genuine democratic system is established such councils must compose only persons elected by the people.

Section 8 (a)- relating to duty to investigate and interrogate offenders where a report is given of crimes described in Section 7, our view is that the duty be limited to investigation and not to interrogation because interrogatory powers are prone to abuse.

Section 8(b)- Power to arrest and recover properties on sufficient reasons to believe that a crime has been committed or is about to be committed are inadequate provisions and can lead to misuse of power.

Section 8(c)- Persons taking refuge in a village without justification should be confined to criminal offences. It should also indicate who is the authority who needs to make the decision about justification.

Section 8(f)- " To carry out instructions given by township councils" could lead to abuse of authority to do whatever any person in authority so desires. Township councils that exist in democratic regions are elected by the people dwelling in that locality and this is as it should be.

Section 8(g)- The provisions enacted in this section together with the proviso should be deleted so that forced labour be abolished altogether.

Section 8(i)- " Land Committee" should be deleted and substituted by " only the village committee elected by the people".

Section 8(k)(2)- "Disturbances of the public peace" is too wide in scope and gives the authorities the right to exercise unlimited power. It should be amended appropriately or deleted.

Section 8(l)- should be deleted.

Section 8(m)(1)- " Appropriate assistance" is too wide in scope. Should
be amended or deleted.

Section 8(m)(2) and (3)- These provisions will not be necessary when democratic regional administration is introduced.

Section 12- Should be abolished because it conflicts with the rights of villagers.

Committee Representing People's Parliament

Rangoon
2 October 1998

( The National League for Democracy takes full responsibility for distribution)