Asien-Afrika-Institut - Abteilung für Sprachen und Kulturen Südostasiens
WS 2005 – Veranst. Nr. 10.405
Entwicklungsgeschichte südostasiatischer Verfassungen (Hans-Bernd Zöllner)
Government of Burma Act, 1935 (am 2. August vom britischen Parlament verabschiedet; am 1. April in Kraft getreten) - GLIEDERUNG
I : Introduction. – Short title; Government of Burma by the Crown.
II : The Executive. – The Governor. (Executive authority of Burma) – Administration. (Council of ministers; other provisions as to ministers; Discretionary functions of Governor; Special responsibilities of Governor; Provisions as to Instrument of Instructions; Superintendence of Secretary of State; Financial Advisor to Governor; Advocate-General; Provisions as to police rule; Provisions as to crimes of violence intended to overthrow Government; Source of certain information not to be disclosed; Conduct of business of Government)
III : The Legislature. – General. (Constitution of the Legislature; Sources of the Legislature, prorogation and dissolution; Right of Governor to address, and send messages to, Chambers; Offices of Chambers;Voting in Chambers, power of Chambers to act notwithstanding vacancies, and quorum) – Provisions as to members of Legislature. (Oath of members;Disqualification for membership; Penalty for sitting and voting when not qualified, or when disqualified; Privileges, etc., of members; Salaries and allowances of members) Procedure Generally. (Rules of procedure; English to be used in Legislature; Restrictions on discussions in Legislature; Courts not to inquire into proceedings of the Legislature)
IV : Legislature. – Powers of the Legislature as to Legislature. (Extent of laws of Legislature; Savings) – Legislative procedure (Introduction of Bills, etc.; Previous sanctions of Governor required for certain legislative proposals;Passing of Bills; Assent to Bills, and power of Crown to disallow Acts; Requirements as to sanctions and recommendations to be regarded as matters of procedure only) – Legislative powers of Governor. (Legislation for areas mentioned in Second Schedule; Power of Governor to promulgate ordinances during recess of Legislature; Power of Governor to promulgate ordinances at any time with respect to certain subjects; Power of Governor in certain cases to enact Acts)
V : Restriction of Discrimination, etc. - British subjects, domiciled in the United Kingdom and British India. (Companies; Ships and aircrafts; Supplemental; Professional and technical qualifications in general; Medical qualifications; Medical Officers of His Majesty's forces; Application to certain companies)
VI : Finance . – General. (Meaning of „resources of Burma“; Expenditure defrayable out of revenues of Burma) – Proceedings in the Legislature. (Annual Financial statement; Procedure in Legislature with respect to estimates; Authentication of schedule of authorized expenditures; Supplementary statements of expenditure; Special provisions as to Financial Bills) – Borrowing. (Borrowing powers and existing loans; Application of Colonial Stock Acts to stocks issued by Government of Burma) – Audit and Accounts. (Auditor-General of Burma; Accounts and audit) – Federated Shan States. (Provisions as to the Federated Shan States)
VII : The Burmas Railway Board. – Executive authority in respect of railways to be exercised by Railway Board. (Composition, etc. of Railway Board; Directions and principles to be observed by Railway Board; Conduct of business between Railway Board and Government; Acquisition and sale of land by, and contracts and liabilities of, the Railway Board; Finance of the Railway Board; Provisions as to certain obligations of the Railway Board; Investment of funds of Railway Board; Special provisions as to certain existing funds; Audit and annual reports; Railway Rates Committee; Bills and amendments for regulations rates and fares to require recommendation of Governor)
VIII : The High Court. – (Constitution of High Court;Salaries, etc. of judges; Temporal and additional judges; Jurisdiction of High Court; Administrative functions of High Court; Jurisdiction in revenue matters; Additional appeal to His Majesty as respects interpretation of this Act. 3 & 4 Will 4 c. 41; Proceedings in High Court to be in English; Expendes of High Court)
IX : The Services of the Crown to Burma. – Defence Services. (Control of His Majesty as to defence appointments; Control of Secretary of State with respect to conditions of service; Savings of rights to appeal; Pay, etc., of members of forces to be charged on revenues of Burma; Provisions as to certain civilian personnel) – General Provisions as to Civil Service. (Tenure of office of persons employed in civil capacities in Burma; Recruitment and conditions of service; Application of proceeding action to railway services and officials of High Court; Special provisions as to police) – Recruitment by Secretary of State and provisions as to certain civil posts. (Services recruited by the Secretary of State; Power of Secretary of State to make medical appointments in Burma; Special provisions as to irrigation; Reserved posts; Conditions of service, pensions, etc., of persons recruited by Secretary of State; Rights in respect of complaints, appeals, etc.; Compensation) – Provisions as to persons appointed by the Secretary of State in Council, persons holding reserved posts and commissional officers in civil employment. (Application of four last preceeding sections to persons appointed by Secretary of State in Council, and certain other persons) – Special provisions as to Judicial Officers (Judges of the High Court; District Judges, etc.; Subordinate and judicial service; Subordinate criminal magistracy) – Special provisions as to Burma Frontier Service. (Burma Frontier Service) - Provisions for the protection of certain existing officers. (Provisions for the protection of existing officers of certain services; Provisions as to certain existing persons serving in or before 1924; General provisions as to persons retiring before commencement of the Act) – Miscellaneous provisions as to civil service. (Application to members of Indian services serving in Burma; Secretary of State to act with concurrence of his advisors) – Public Service Commission. (Composition, staff and expenses of Public Service Commission; Functions of Public Service Commission; Power to extend functions of Public Service Commission; - Chaplains. (Provisions as to chaplains) – General. (Eligibility for office under the Crown in Burma of persons who are not British subjects; Indemnity for past Acts; Protections of public services against prosecutions and suits in Burma; Provisions as to payments of certain pensions, and exemption of those pensions from certain taxation in Burma; Persons not to be disqualified by sex for holding certain offices in Burma; Transitional provisions; Interpretation, etc.)
X : Property, Contracts, Liability and Suits. (Provisions as to existing Government property; Power to acquire property and to make contracts, etc.; Suits and proceedings; Rights and liabilities of Secretary of State in Council)
XI : Miscellaneous provisions as to relations with India. (Financial settlement as between India and Burma; Provisions as to Custom duties on India-Burma Trade; Provisions as to monetary system; Provisions as to immigration from India)
XII : Provisions in Event of Failure of Constitutional Machinery. (Power of Governor to issue Proclamations)
XIII : Provisions as to Secretary of State. (Advisers to Secretary of State; Contributions from revenues of Burma to expenses of Secretary of State in certain circumstances)
XIV : Miscellaneous. (Power of His Majesty to delimit boundaries of Burma; Provisions as to pardon; Power not to be subjected to disability by reason of race, religion, etc.; Compulsory acquisition of land, etc.; Provisions for certain rights, privileges and pensions; Existing law to continue in force; Adaptation of existing funds; High Commissioner for Burma; Secretarial staff of Governor of Burma; No proceedings to lie against Governor or Secretary of State; Renewal of certain disqualifications on the occasion of the first elections to Legislature; Procedure as respects proposals for amendment of certain provisions of Act and Orders in Council; Power of His Majesty to amend the Srecond Schedule; Power of His Majesty to remove difficulties as respects Burma; Orders in Council; Interpretation; Commencement)
SCHEDULES. 1st Schedule. Provisions as to Governor of Burma. - 2nd Schedule. Areas in Burma to which Special Provisions apply. - 3rd Schedule. Composition of the Burma Legislature. 4th Schedule. Provisions as to Franchise in Burma. 5th Schedule. Forms of Oath of Administration. 6th Schedule. The Burma Railway Board.