Posted in Legislative Research on Jun 27, 2019

The stated objectives of this bill are to:

  • develop geosciences and applied geosciences in Myanmar
  • improve ethics and quality of geoscientists
  • create job opportunities relating to geosciences
  • support a network of regional and international governments and non-governmental organisations.

Appointment of Patrons

Myanmar Geoscience Council patrons would be appointed by the Ministry of Education, comprising persons from the Ministry of Agriculture, Livestock and Irrigation, the Ministry of Natural Resource and Environmental Conservation, the Ministry of Electricity and Energy, the Ministry of Construction, and from relevant non-governmental organisations. There will be no more than 7 partons, and their appointment is with the consent of the Union Government.

Formation of Council

The patron would form Geoscience Council along with 15 expert geoscientists from the Ministry of Education and related ministries, 15 of geoscience professors, and 25 expert geoscientists proposed by the non-governmental geoscience organisations. The Council’s tenure is 5 years, with chairs able to serve one term and other members able to serve twice consecutively.

Executive committee

In forming the executive committee, the patrons will choose the chair, one vice-chair and co-secretary, and another vice-chair, secretary, one co-secretary, finance officer and 8 of the executive members will be chosen by other council members. The tenure of the committee is the same as that of the council and has to be accountable to it. The committee is required to submit the confirmation of its action to the nearest council meeting.

Duty and power of the council

In order to tackle more of its duties, the council will be able to form necessary working committees with the council members and suitable persons from outside. Working committees must be accountable to the council through the executive committee.

Duties of the Council include the examination and confirmation of geoscience degrees, diplomas and certificates achieved locally and abroad, the categorization of needed qualifications for types of registration certificate and permitted geoscience jobs, the prescription of geoscience standards, basic work standards and procedures with the help of the Ministry of Education and the Union of Government, and the arrangement of the participation by the representatives in the international geoscience courses, meetings and conferences.

Its powers include the imposition of penalties based on the examination of the working committees or in accordance with management practices; the issuing, suspending, revoking and extending of registration certificates; the collecting of fees for registration, annual fees and other general service expenses; and cooperation with international geoscience organizations with the consent of the Ministry of Education.

The council could delegate its duties and powers to the executive committee, and to the office of the registrar for tackling the duties of the council and the committee, and the office branches led by the registrar may be opened in the Naypyitaw council and States/Regions. The council is expected to submit its action to the Ministry of Education on a six-month basis.

The regular meeting of the council will be held once every six months. A special meeting could be asked for either with the consent of the patrons or on the request of writing by at least one fourth of the council members along with the consent of the patron. As for the regular meeting of the executive committee, the meeting would be once in two months and at least six times per year, and if necessary, the special meeting could also be called.

Issuing of the registration certificate

On behalf of the council, the executive committee could issue the registration certificate of intern geoscientist to the citizens graduated from the local and abroad recognized by the government, the registration certificate of geoscientist to those who has achieved the registration certificate of intern geoscientist, and the registration certificate of expert geoscientist to those who has achieved the registration certificate of geoscientist, on an allowed term.

Moreover, the registration certificate of foreign geoscientists or foreign expert geoscientists could be granted to foreign geoscientists who have got the legal residence.

The executive committee could issue, suspend and reject the registration certificate based on the examination of whether the application of the citizen intern geoscientist certificate is on a permitted term. Likewise, the council could issue, suspend and reject the registration certificate based on the examination of whether the registration certificate of local and foreign geoscientist and that of expert geoscientist are on a permitted term. The tenure of the registration certificate is 3 years. The extension should be between 60 days before and 30 days after the expiry date.

For violating the regulations included in the registration certificate, the executive committee could warn and fine the individual, and could suspend it for a term and revoke it. If not satisfied with the management decision of the executive committee, the appeal could be made within 60 days and the council’s decision is the final.

Finance

The council could establish a fund with the fund allocation by the Ministry of Education, the registration fee, annual fee, revenues from other general services, donations from the local/foreign governmental and non-governmental organisations and private donators, and interest on the fund. It is expected to be financially independent, and if not financially sufficient, it could submit to the Union of Government through the Ministry of Education so as to get the expenses from the union budget.

Offence and penalty

There is a fine of not more than 5 million MMK for conducting geoscience jobs without the registration certificate issued by the council, but exception for the conducts of the government departments; an imprisonment for a term of not more than 1 year, a fine of not more than 10 million MMK, or both for the employment of geoscientists who do not hold the registration certificate by the private and public firms. There are also other prohibitions and punishments in the bill. In suing for the offences in the bill, the prior permit should be got from the Ministry of Education.