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Translation - English 1973 Revolutionary Council of the Union of Myanmar
[1973, Revolutionary Council of the Union of Myanmar, Law Number 22]
Name, date on which the law enters into force and relevancy
Section 1. (a) This law shall be called the 1973 the General Clauses Law.
(b) This law shall enter into force immediately.
Section 2- This law shall apply to the following laws-
(a) Acts, laws, ordinances, rules, by-laws, orders and notifications passed by an legislative authority before the law has come into force.
(b) Laws, rules, by-laws, orders and notifications passed by any legislative authority after this law has enacted into force.
Guide to the Definitions
Section- 3. The guides to the definitions of the provisions of the law shall be as follows;-
(a) The terms included in any of the provisions shall have the meaning of normal daily usage. However, the term which needs to define separately in accordance with the meaning of the terms covering all aspects shall have such separate meaning.
(b) The meaning of any provision of the law shall be defined in consistent with the aim of the authority who passed that law.
(c) In defining the meaning of any provision of the law, can consider the situation occurring according to the existing respective laws before that law has been enacted in what manner and how, that condition needs to be changed.
(d) A provision contained in any special law influences the respective provisions contained in any general law. Any special provision contained in any law influences the general provision contained in that law.
(e) If it is not expressly provided in any law to have retrospective effect, that law shall not have retrospective effect.
(f) If it is not described in any other manner in a law which is only related to the procedure that law shall not have retrospective effect.
(g) If there is contrary in any old provision and in any late provision, the late provision of the law shall be in force.
Section -4, in defining the meaning of any of the provision of the law can consider minutes discussed at the drafting law commission or legislative authority before that law is enacted or the draft laws or description of the reason of making this law.
(a) The following terms shall be defined as follows.
(1) “Myanmar”, in using this term with regard to the national races, shall include, Kachin, Kayah, Karen, Chin, Mon, Rakhine (Arakan), Shan and Burmese.
(2) “Constitutional Law”, shall mean the Constitutional Law of the Union of Myanmar.
(3) “Government”, shall mean, with regard to the respective matter, the organization where the executive power of the State is assigned with the constitutional law or any law.
(4) “Regional organization”, shall mean the Municipal committee or City committee or any other organization which is assigned duty by the government or which is assigned by the law to govern or manage the regional fund
(5) “law”, shall include, act, mandate, rule, by-law, order and customs which are in force like law passed by legislative authority before or after this law entered into force.
(6) “rule”, shall include, rule which is made by using the authority assigned by any law and by-law which is made as rule by any laws.
(7) “by-law”, shall mean, by-laws which is made by using the authority assigned by any law.
(8) “notification”, shall mean, the order included in the Gazette.
(9) “Gazette”, shall mean Gazette of the Union of Myanmar.
(10) “comes into force”, shall mean the date on which the law begins to enter into force or begin to have effect.
(11) “citizen”, shall mean, the citizen of the Union of Myanmar.
(12) “alien”, shall mean, the person who is not the citizen of the Union of Myanmar.
(13) “military”, shall mean, military, naval and air forces of the State.
(14) “court”, shall include, association of courts and judges and judicial body including any authority or any organization which has jurisdictional power.
(15) “affidavit”, shall include, a solemn affirmation.
(16) “making oath”, shall include, making oath.
(17) “sign”, shall include, making mark where a person who is unable to write his own name does the cross or fingerprint.
(18) “register”, shall mean, registering the documents according to the existing law.
(19) “writing”, shall include, printing, lithography, photography including the description which can be seen by the public.
(20) “immoveable property”, shall include, land, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth.
(21) “moveable property”, shall include, property of every description, except immoveable property.
(22) “offense”, shall mean, any act or omission made punishable by any law for the time being in force.
(23) “abetment”, shall include, investigating a person to commit an offense or assisting or conspiring with another person to commit an offense.
(24) “someone”, “a person”, “person”, shall include, company or association or body of individual, whether incorporated or not.
(25) “adult”, shall mean, the person who is over 18 years old.
(26) “father”, shall include, the father adopted according to the law.
(27) “son”, shall include, the son adopted according to the law.
(28) “date”, shall mean, the period of 24 hours counted by midnight.
(29) “month”, shall mean, month counted according to the International Calendar.
(30) “year”, shall mean, year counted according to the International Calendar.
(31) “vessel”, shall include, all vessels which are used in voyage.
(32) “ship, shall include, all vessels which go by sailing or machine.
(33) “captain”, shall mean, a person who supervises, leads or manages the vessel permanently or temporarily. But the navigator is not included in this term.
(34) “airplane”, shall include, every airplane which is used in aviation.
(35) “pilot”, shall mean, a person who supervises or administers the airplane permanently or temporary.
(36) “will”, shall mean, any testamentary document.
(b) The above definition shall have effect as long as there is no contrary or as long as it is not described in any other manner in the law which includes terms.
Section-6, if it is not described in any other manner in any law,
(a) The term referring to man shall also apply to women,
(b) The term which has the singular meaning shall apply to the term which has plural meaning. The term which has plural meaning shall be assumed to apply to the term with singular meaning.
Section-7, (a) if the term “from” or “since” is used, it shall be assumed to include the described period or date.
(b)if the term “till” is used, it shall be assumed to include the described date or period.
Section-8 In calculating the age of a person, despite of being born at any time, the birthdate shall be counted as a day. As soon as it turns to one year round, it shall be regarded to gain the age of one year.
Section-9, When it is provided in a law to perform a case at a court, if that day is the holiday and if they conduct that case on the day where the court re-opens, it shall be presumed to conduct that case during the specified time.
Exception – the provision in this section shall not apply to the case included in “Limitation Act”.
Section 10- When a notice or summons letter or letter is granted to send through the post office, after that letter is correctly addressed, the post office sends it after registering shall be presumed to be sent as such. If they can’t prove that it is not sent as such, it shall be presumed to have sent at the time when the post office normally delivers that letter.
Section-11- In measuring the distance, it shall be measured horizontally in straight. However, if any other manners are provided in any law, it shall be presumed in a manner provided as such.
Promulgation, enforcing and repeal of Law
Section 12- if it is not described in any other way in any law, that law shall be in force in every part of the State.
Section 13(a)- Every law shall be signed by the Chairman of the Revolutionary Council of the Union of Myanmar.
(b)If the date on which that law shall enter into force is not expressly prescribed in any law, that law shall begin to enter into force on the date that the Chairman of the Revolutionary Council of the Union of Myanmar promulgated.
(c)if the date from which it shall be in force is described in any law, that law shall come into force as soon as it changes to the date that law shall enter into force.
Section-14, if any provision of the law is repealed by any other law, before repealing as such-
(a) Shall not affect the enforcement of the repealed provision of the law. And it shall not affect the act done systematically according to the law
(b) It shall not affect the title or right gained or the debt incurred under the provision of the repealed law.
(c) It shall not affect the punishment or forfeiture imposed by the provision of the repealed law.
(d) It shall not affect the rights to suit or investigation or prosecution regarding the above mentioned title or right or duty or debt or punishment or forfeiture. They shall continue the punishment and forfeiture under that law as the provision of the repealed law is in force.
Exception – if it is described in any other manner in the repealed law, it shall be as provided in as such.
Section 15- after a law is repealed by another law, and if the repealed law is again repealed, the primary repealed law shall not enter into force again. However, if it is described in any other manner in the repeal law, it shall be described in as such.
Section-16, after any provision of the law is repealed by another law, and when the new law is provided so as to substitute the provision of the repealed law, referring the primary repealed law in any law or document shall be presumed to referring that new law.
Authorities regarding the law which are still not in force
Section-17(a) even after a law has enacted and if that law hasn’t immediately enters into force, rules, by-laws, and principles which are authorized to do under that law shall be issued in advance.
(b)regarding the law which has not entered into force as such, the respective orders shall be promulgated in advance for the following matters-
(1) matter relating to that law
(2) matter of forming the courts and other offices according to that law
(3) matter of assigning responsible organization according to that law
(4) matter of assigning the responsible staff and supervisor
(5) matter to perform according to that law
(6) matter to perform when, where and in what manner that responsible organization or person that has to perform according to that law
(7) matter to give what fee
(8) rule, by-law, principle or order promulgated as such shall not have affect as long as that law enters into force
Making rules and defining
Section 18- if ---- have the right to promulgate rules, by-law, principle, notification or order according to the law, --- shall have the right to supplement, revise, alter or abolish that rule, by-law, principle, notification or order.
Section 19- the meaning of the term is included in any of the rule, by-law, principle, notification or order according to the law shall be the same as it is defined in that law. However, if it is provided in that law to define in any other manner, it shall be as provided in as such.
Section 20- after a provision of the law is repealed, when a new provision of the law with regard to matters included in that provision of the law, it shall continue to be in force as long as the rule, by-law, principle, notification and assigning the title/position according to the repealed provision of the law is not contrary to the new provision of the law.
Section 21- The provision of the Penal Code and Criminal procedure code shall apply to all fine imposed by any law. However, if it is expressly provided not to apply to as such, it shall be as provided in as such.
Section 22- if an act or omission is amount to crime according to two laws or more than two laws, the offender shall be prosecuted and punished with only one of those laws. He shall not be punished more than once for an offense.
Assigning Duty, succession, termination
Section-23, in assigning a duty, it shall be assigned by the name or title/position of the person. In assigning as such, it shall be assigned temporary or permanently. However, if it is described in any other manner in the law assigning the duty, it shall be as it described in as such.
Section-24, if it is included to be related to the person who is in service in a provision of the law, it shall be presumed to relate to the person who is in service temporarily or permanently.
Section-25, if a provision of the law describes to be related to an organization or a person, it shall be presumed to relate to the successor of that organization or person.
Section-26, The authority who can assign a person a position according to any law can terminate or exclude that assigned person from position. However, if it is described as not being able to do as such in that law, he shall not conduct as such.
Section-27, The Revolutionary Council of the Union of Myanmar shall define the meaning of laws to be in conformity.
Section-28,(a) it shall be presumed to have properly substituted the respective terms in the existing law on the date when the constitution of the Socialist Republic of the Union of Myanmar entered into force.
(b)any term included in any law substituted by the term included in the constitutional law shall be promulgated with notification.
Section 29- The Burma General Clauses Act is repealed by this law.