Equipo Nizkor - Myanmar: The Myanmar Red Cross Society Act, 1959.

Act No. 25/1959 (21 September 1959)
(As amended up to May 2001) |1|

Whereas the Union of Myanmar is a signatory to the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Fields (1929), And whereas it is provided in the Geneva Convention Implementing Act for discharge of the obligations imposed under that Convention,

Whereas it is also expedient for each State Party to constitute a permanent organization for discharge of works according to the sympathetic purposes of that Convention; Whereas an organization named "The Myanma Red Cross Society" has already been constituted with its scheme as agreed by the High Court;

Whereas should the Myanrna Red Cross Society be necessary to be organized by enactment:

For these reasons, it is hereby enacted as follows:

1. This Act shall be called "The Myanma Red Cross Society Act, 1959".

2. In this Act, unless there is anything repugnant in the subject or context, -

(a) "Council" means the Central Council of Red Cross formed under this Act;

(b) "Prescribe" means prescription by Rules made under this Act;

(c) "Scheme" means the scheme of trustee approved by the High Court in its Civil Suit No. 23/1958 for the constitution and administration of the Myanma Red Cross Society;

(d) "Society" means the Myanma Red Cross Society.

3. The Society shall be a body corporate having perpetual succession and a common seal, and shall also by its name sue and be sued.

4. The Society shall continue by itself to take the possession of all rights, properties and funds owning and possessing at present under the Scheme. The Society shall continue its works, and also be responsible for complete settlement of all debts.

5. If any Myanmar citizens want to be members of the Society, they shall abide by the regulations prescribed for members to be observed.

6. The President of the Union of Myanmar shall be the patron of the Society.

7. (1) Basic sub-societies may be formed as necessary.

(2) The State Convention of the Society shall be the policy-making authority. The Convention shall be convened at least once in every three years.

(3) The first State Convention of the Society as referred to in sub-section (2) shall be convened within 18 months from the date of effectiveness of the 1971 Law Amending the Myanma Red Cross Society Act.

(4) A Central Council of the Red Cross shall be formed, and it shall also be the administrative authority. The Council shall consist of the following persons:-

(a) one representative from each States and Divisions elected in the State Convention of the Society- totaling 14 representatives;

(b) Director General, the Directorate of Health;

(d) Director General, the Department of Basic Education;

(e) Director General, the Department of Fire Brigate;

(f) Director General, the Customs Department;

(g) Managing Director, Port Corporation;

(h) Director of Medical Staffs, Ministry of Defence;

(i) Persons not exceeding 10, occasionally appointed by the Government;

(j) One person appointed by the Commander in Chief of the Defence Services;

(k) One person appointed by the Chief Justice;

(l) One person appointed by the Attorney General;

(m) One person appointed by the Auditor General;

(n) Chairman or a member of the Yangon City Development Committee;

(o) Assistant Director (Nursing), the Directorate of Health.

(5) Councilors among themselves shall select one Chairman, two Vice Chairmen and one Secretary.

(6) The Council may add up as councilor of persons not more than eight should there be in its opinion beneficial to the activities of the Society.

8. The Council may elect one or more honorable person from those who have served the country in brilliance.

9. Notwithstanding anything contained in section 16, the first Council formed under this Act, shall prescribe without delay the following matters:

(a) appointing an executive committee among the councilors for administrative works of the Society;

(b) constituting and administering the Myanma Ambulance Brigade as a part of the Society; and causing it to succeed immediately all the rights, properties, funds and lien of debts of the Myanma Ambulance Brigade having been formed under the Scheme and to undertake immediately of all tasks of the same;

(d) forming necessary sub-committees for further effective working on matters and activities of the Society;

(e) appointing permanent officers and employees and designating of their salaries and other regulations;

(f) contract-signing on behalf of the Society;

(g) defining in general working programmes for the Society, the Council and committees;

(h) communicating with unions or organizations referred to in section 15 and allotting funds therefor; and

(i) others matter the Society thinks justified.

10. Among the powers of the Council, the followings shall be included:

(a) power to take loans from a bank or banks in necessary for works of implementation to the purposes of the Society;

(b) power to make decisions in necessary of taking loans or paying of interest due on such loans;

(c) power to open a special account in regard of loans for reservation to be applied authentically for the specific purposes;

(d) power to convert the investment money of the Society for its liquidity by way of redeeming or selling of the securities referred to in section 20 of the Trustees Act, or repurchasing the securities with those money.

11. The Council may receive and keep in possession of any things donated for any works of the Society or for any specific work applicable of its property or of interests from such property, and on receipt of such donations, may use either directly or through the sub-committees, leagues or organizations in relation with.

12. The Society shall submit its report annually after the date of 1st October but not later than 15th November to the Minister of the Health Ministry on its performances committed during the period of each financial year which ends up on 30th September. The said report shall include each and every receipt of the Society fully stating under respective heads and having been duly audited in the prescribed manner.

13. The first Council shall be formed within 3 months from the date of effectiveness of this Act. Before such formation, the administrative body of the Society shall, by adding up therein the persons under section 7, sub-section (l)(a), (b), (f) and (g), perform the duties and take the responsibilities of the Council. And it shall also comply during the transit period with the Scheme, or any rules and bye-laws made thereunder, the constitution of the Myanma Ambulance Brigade and any rules and bye-laws made thereunder, so far as not contrary with this Act.

14. No act or proceeding done by the Council or any committee or sub-committee formed under this Act shall be deemed to vitiate by reason only of any vacancy of councilor or any member of such committee or sub-committee, or any omission, or defect or irregularity in the election or appointment of any councilor or any member of such committee or sub-committee.

15. The Council may cause the Society for making communications with any unions or organizations which uphold all or any purposes stated in the Schedule of this Act, and may appropriate funds for all or any of such purposes by allotting through those unions or organizations.

16. The Council may by the prior approval of the President of the Union of Myanmar make rules in accordance with provisions of this Act for materialization of the purposes of the same.

SCHEDULE

1. Caring of wounded and sick of the Defence Services of the Union of Myanmar, whether they are enrolled in the service or are dismissed from enrolment;

2. Protection of child;

3. Formation of working committees to aid with clothes to hospitals and other health units where are in need of such clothes;

4. Aiding in all round efforts to nursing, health and care services which are under the subsidy of any organization recognized by the Society whether they are already existed or to be existed in Myanmar;

5. Nursing service for local service personnel;

6. Carrying out salvation works voluntarily with approval of the Defence Services of the Union Of Myanmar acting as conduit between the civilian and armed forces;

7. Carrying out salvation works in peace time from the outbreak of epidemic diseases, or from the starvation, fire-spread or floods, or any other countrywide calamities, or carrying out any preventive works against such dangers;

8. Acting as the representative of the Society in the International Committee or other committees which are encouraging the same or similar purposes of the Society;

9. Other similar purposes as occasionally approved by the Society.

MYANMAR RED CROSS SOCIETY
YANGON

Direction 1/98

Dated 8 June 1998

By the resolution in the Extraordinary Meeting of the Central Council of Myanma Red Cross Society dating 11th August 1998, and also by the resolution of the 45th Regular Meeting of the Central Council, the staictural reformation of the Myanma Red Cross Society is hereby made as follows:

(a) State/Divisional Red Cross Supervision Committee

(1) State/Divisional Health Director as Chairman;

(2) State/Divisional Head of Myanma Police Force as Vice Chairman (1);

(3) State/Divisional Head of Education Department as Vice Chairman (2);

(4) State/Divisional Head of Account Office as Treasurer;

(5) State/Divisional Head of Fire Services Department as Member;

(6) State/Divisional Head of General Administrative Department as Member;

(7) State/Divisional Head of Social Welfare Department as Member:

(8) Any Health Executive who is appointed by the Chairman, as Secretary.

(b) District Red Cross Supervision Committee

(1) State/Divisional Health Director or a Representative of Health Directorate (District Health Officer) as Chairman;

(2) District Head of Myanma Police Force as Vice Chairman (1);

(3) District Head of Education Department as Vice Chairman (2);

(4) A Representative of State/Divisional Account Office or District Head of Account Office as Treasurer;

(5) A Representative of State/Divisional Fire Services Department or District Head of Fire Services Department as Member;

(6) A Representative of State/Divisional General Administrative Department or District Head of General Administrative Department as Member;

(7) Any Health Executive who is appointed by the Chairman, as Secretary.

(1) Township Health Officer as Chairman:

(2) Township Head of Myanma Police Force as Vice Chairman (1);

(3) Township Head of Education Department as Vice Chairman (2) ;

(4) Township Head of Account Office as Treasurer;

(5) Township Head of Fire Services Department as Member;

(6) Township Head of General Administrative Department as Member;

(7) Any Health Executive who is appointed by the Chairman, as Secretary;

(8) Sub-battalion Commander of the Township Red Cross Battalion as Joint-Secretary.

3. By this Direction, the former Direction No. 1/88 dated 17.11.1988 is hereby repealed.

Sgd.
Colonel Aung Than
Executive Director

[Source: International Committee of the Red Cross.]

Notes:

1. It's amendments:

(1) 1964 Law of Amending the Myanma Red Cross Society Act,1959; Insertion of words in s. 12;

(2) 1971 Law of Amending the Myanma Red Cross Society Act,1959: Substitution of s. 5 and 7;

(3) 1988 Law of Amending the Myanma Red Cross Society Act, 1959; Substitution of s. 7(4). [Back]

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21Sep1959 - MMR

The Myanmar Red Cross Society Act, 1959

Sgd. Colonel Aung Than Executive Director

[Source: International Committee of the Red Cross.]

Sgd.
Colonel Aung Than
Executive Director