[Burma Act 17, 1950] (9th March 1950)
5. Whoever does anything with any of the following intent; that is to say –
(a) to depreciate, pervert, hinder, restrain, or vandalise the loyalty, enthusiasm, acquiescence, health, training, or performance of duties of the army organisations of the Union or of civil servants in a way that would induce their respect of the government to be diminished, or to disobey rules, or to be disloyal to the government; or
(b) to cause, seduce, or urge any member of the army organisations of the Union or any civil servant in a way that would induce him to fulfil his duties improperly, or to fail to perform his duties; or
(c) to hinder the recruitment of members to the army organisations of the Union, or civil service organisations, or fire brigades, or any other organisations registered or performing as governmental service, or to hamper the performance of duties of such members: or
(d) to alarm the people or a group of people in a way that would created panic amongst them; or
(e) to spread false news, knowing, or having reason to believe that it is not true; or
(f) to hamper, obstruct or harass any transportation, tasks, manufacture or transportation of military weapons and munitions, or supply or distribution of essential items, necessary of effective implementation of the restoration of law and order of the State; or
(g) to partly or wholly destroy military weapons and munitions in order that they could not be viable or be dangerous, or to endanger or imperil a person involved in transportation or manufacture of transportation of such military weapons and munitions; or
(h) to make the public lose trust in the State's economy, government loans, government securities, coins and legal tenders distributed wholly or partly in the country or to hamper operational or economic success carried out by the government in order to implement the restoration of law and order successfully; or
(i) to incite either the public or any other kind of ethnic race or any other person to deny or delay his payment in curried for land revenue, revenue, tax, or any other kind of payment to be paid to the Union, or the federal government, or a board of regional authorities in accordance with the law or with the customs that have the effect of law; or
(j) to affect the morality or conduct of the public or a group of people in a way that would undermine the security of the Union or the restoration of law and order; or
(k) to incite civil servants, or a group of civil servants, or any other civil servant to be involved in armed opposition punishable by criminal laws; or
(l) to directly or indirectly take part in committing the offences prescribed in the Arms Act or the Explosive Ammunitions Act, or the Explosive Substances Act; or
(m) to directly or indirectly encourage, incite, prepare or show agreement to arrangements or activities for the purpose of defiance or non-abidance of laws, or to avoid abiding by the law, or to hinder compliance of the judicial process or to the restoration or law and order, or to refuse to make payments prescribed in sub-section (h) or to delay such payments, or to rally people or to prepare to do so or to raise funds to do so in order to develop such activities or programmes, or to directly or indirectly encourage, incite, prepare or show concurrence with the raising funds for that purpose shall be punished with an imprisonment for a term which shall extend to 7 years or with fine or with both.
Pyithu Hluttaw Law No. 3, 1975
The People's Assembly enacts the following Law in order to prevent the infringement of the sovereignty and security of the Union of Burma against any threat to the peace of the people, and against the threat of those desiring to cause subversive acts causing the destruction of the country, without impeding citizens' fundamental rights.
This Law shall be called the Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts.
"Commit", in the context of this Law, is to perform or about to perform, or to abet, or to assist in, any act that either directly or indirectly, in any manner, threatens any provision under Article 7 of this Law;
"Central Board", in the context of this Law, is the Board organized under Article 8 of this Law;
"Person Against Whom Action Is Taken", in the context of this Law, is any person whose fundamental rights are being restricted by any provision under this Law, or any person who is under arrest and detained following such restriction.
In order to be able to protect in advance against threats to the sovereignty and security of the State and the peace of the people, the State Council
(a) may declare a State of Emergency for any territory in the country;
(b) may, if necessary, restrict any citizen's fundamental rights in any territory in the Union of Burma.
The declaration of the State of Emergency under Article 3 shall not exceed sixty days. The State Council shall submit and seek approval at the next session of the People's Assembly for any prolongation. If there is no such session within the next sixty days, an emergency People's Assembly session shall be held and approval secured. If the Assembly's approval cannot be secured, the State of Emergency ceases to be in force from the day it is not approved. Any measures officially implemented prior to the expiration of the State of Emergency shall be lawful.
Immediately following the withdrawal of the declaration of the State of Emergency, restrictions mentioned under Article 3(b) shall cease to be in force.
If the declaration of the State of Emergency mentioned under Article 3(b) is withdrawn within sixty days, the State Council shall submit and secure approval of its activities at the next session of the People's Assembly. If the Assembly's approval cannot be secured, the declaration of the State of Emergency shall cease to be in force from the day it is not approved. Any measures officially implemented prior to the annulment of the declaration shall be lawful.
The Cabinet is authorized to pass an order, as may be necessary, restricting any fundamental right of any person suspected of having committed or believed to be about to commit, any act which endangers the sovereignty and security of the state or public peace and tranquility.
For the implementation of the authorization mentioned under Article 7, the Cabinet may form a Central Board on its behalf, chaired by the Minister of Home and Religious Affairs. The Minister of Defense and the Minister of Foreign Affairs shall be members of the Central Board.
In restricting fundamental rights of citizens, the following principles shall be strictly adhered to:
(a) The restriction order shall be laid down by the Central Board only;
(b) Only necessary restriction of fundamental rights shall be decided;
(c) The duration of such restriction shall be kept to a minimum;
(d) In addition to regular review of the restriction order, earlier review of the order may be done as necessary;
(e) If sufficient facts for filing a lawsuit have been gathered, the person against whom action is taken shall be handed over to the judicial authorities immediately;
(f) The person against whom action is taken shall enjoy the fundamental rights as provided in the Constitution, in so far as these rights have not been restricted;
(g) When any threat as described in Article 7 has ceased to exist, the restriction order shall be annulled immediately;
(h) Any person detained under this Law shall, after being released, not again be arrested and imprisoned on the same charges.
The Central Board, in the protection of the State against dangers, has the right to implement the following measures through restrictive order:
(a) A person against whom action is taken can be detained for a period of up to ninety days. This can be extended to a period not exceeding one hundred and eighty days;
(b) If necessary, the movements of a person against whom action is taken can be restricted for a period of up to one year.
The Central Board can implement the restrictions as described under Article 10(b) as follows:
(a) Designation of the territory to which the movements of the person against whom action is taken can be restricted;
(b) Designation of the place where the person against whom action is taken shall reside;
(c) Denial, as may be necessary, of travel;
(d) Denial of possession or use of specific materials.
The Central Board shall obtain the approval of the Cabinet prior to the detention of a person against whom action is taken, in case such detention is considered necessary for a period longer than stipulated under Article 10(a).
The Central Board shall obtain the prior approval of the Cabinet in case it is considered necessary to extend the restrictions mentioned under Article 10(b).
The Cabinet may grant prior approval to continue the detention or restriction of rights of a person against whom action is taken for a period from one hundred and eighty days up to three years.
The Central Board may, in case measures are necessary to arrest or detain a person or to restrict a person's rights, direct any Public Service to carry out such measures accordingly.
The Cabinet or the Central Board can review and implement, as may be necessary, any order for restriction, arrest, detention, or denial of rights:
(a) There will be at least one regular review every sixty days;
(b) Restriction orders may be altered or annulled if necessary;
(c) Arrest and detention orders may be altered or annulled if necessary;
(d) Denial orders may be altered or annulled if necessary.
The Central Board shall compile a regular report about its activities every ninety days.
If necessary, the Cabinet can use the report mentioned in Article 17 to alter or annul any orders passed by the Central Board regarding restriction, arrest, detention, or denial of any rights of citizens.
Any person against whom action is taken has the right of appeal while action is being taken.
Appeal can be made to the Cabinet regarding orders regulating restriction, arrest, detention or denial of rights laid down by the Central Board under this Law. The Cabinet can annul, alter or approve the order as may be necessary.
If the Central Board considers it necessary to extend any orders passed under this Law with prior permission from the Cabinet, an appeal can be sent to the Council of People's Justices. The Council may alter, annul or approve the order as may be necessary.
Any person against whom action is taken, who opposes, resists or disobeys any order passed under this Law shall be liable to imprisonment for a period of up to three years, or a fine of up to five thousand kyats, or to both.
Any provision under Article 7 shall be implemented only according to this Law.
For the purpose of effective and successful implementation of the provisions contained in this Law, the Cabinet may issue notifications, orders, directives and procedures as may be necessary.
State Law and Order Restoration Council (SLORC) Notification No. 11/91, dated 9 August 1991, amended the State Protection Law. The salient amendments were that the right of appeal under Article 21 was repealed, and that the maximum prison sentence under Articles 14 and 22 went up from three to five years. The amendments were made applicable retrospectively.
The Burmese-language version of the Law does not give the exact date it was passed, it just says '1975'. However, according to the translation by O.M. Tun (published in Oslo, Norway on 18 May 1994), the State Protection Law was enacted on 5 February 1975 as the "Law to Protect the State from the Dangers of Those Saboteurs Seeking to Damage It".
[India Act XIV, 1908.] (11th December 1908)]
1-14. * * *
15. In this Part -
(1) "association" means any combination or body of persons, whether the same be known by any distinctive name or not; and
(2) "unlawful association' means an association -
(a) which encourages or aids persons to commit acts of violence or intimidation or of which the members habitually commit such acts, or
(b) which has been declared to be unlawful by the President of the Union-under the powers hereby conferred.
16. If the President of the Union is of opinion that any association interferes of has for its object interference with the administration of the low of with the maintenance of law and order, or that it constitutes an danger to the public peace, the President of the Union may, by notification in the Gazette, declare such association to be unlawful.
17. (1) Whoever is a member of an unlawful association, or takes part in meetings of any such association, or contributes or receives or solicits any contribution for the purpose of any such association or in any way assists the operations of any such association, shall be punished with imprisonment for a term [which shall not be less than two years and more than three years and shall also be liable to fine] (1).
(2) Whoever manages or assists in the management of an unlawful association, or promotes or assists in promoting a meeting of any such association, or of any members thereof as such members, shall be punished with imprisonment for a term [which shall not be less than three years and more than five years and shall also be liable to fine] (1)
(3) * * * (2)
17A. (1) The president of the Union may, by notification in the Gazette, mortify and place which in his opinion is used for the purposes of an unlawful association.
Explanation - For the purposes of this section "place" includes an house or building, or part thereof, or a tent or vessel.
(2) The District Magistrate, or any officer authorized in this behalf in writing by the District Magistrate, may thereupon take possession of the notified place and evict therefrom any person found therein, and shall forthwith make a report of the taking possession to the President of the Union:
Provided that where such place contains any apartment occupied by women or children, reasonable time and facilities shall be afforded for their withdrawal with the least possible inconvenience.
(3) A notified place whereof possession is taken under sub-section (2) shall be deemed to remain in the possession of Government so long as the notification under sub section (1) in respect thereof remains in force.
17B. (1) The District Magistrate, or officer taking possession of a notified place, shall also take possession of all movable property found therein and shall make a list thereof in the presence of two respectable witnesses.
(2) If, in the opinion if the District magistrate, any articles specified in the list are or may be used for the purposes of the unlawful association, he may proceed subject to the provisions hereafter contained in this section to order such articles to be forfeited to the State.
(3) All other articles specified in the list shall be delivered to the person whom he considers to be entitled to possession thereof, or, if no such person is found, shall be disposed of in such manner as the District Magistrate may direct.
(4) The District magistrate shall publish, as nearly as may be in the manner provided in section 87 of the code of Criminal procedure for the publication of a proclamation, a notice specifying the articles which it is proposed to forfeit and calling upon any person claiming that any article is not liable to forfeiture to submit in writing within fifteen days any representation he desires to make against the forfeiture of the article.
(5) Where any such representation is accepted by the District Magistrate, he shall deal with the article concerned in accordance with the provisions of sub-section (3).
(6) Where any such representation is rejected, the representation, with the decision thereon, shall be forwarded to the District Judge, in the case of a decision by a District Magistrate, and no order of forfeiture shall be made until the district Judge has adjudicated upon the representation. Where the decision is no confirmed the articles shall be dealt with in accordance with the provisions of sub-section (3).
(7) In making adjudication under sub-section (6) the procedure to be followed shall be the procedure laid down in the code of civil Procedure for the investigation of claims, so far as it can be made to apply, and the decision of the District Judge shall be final.
(8) If the article seized is livestock or is of a perishable nature, the District Magistrate may, if he thinks it expedient, order the immediate sale thereof, and the proceeds of the sale shall be disposed of in the manner herein provided for the disposal of other articles.
17C. Any person who enters or remains upon a notified place with out the permission of the district magistrate, or of an officer authorized by him in this behalf, shall be deemed to commit criminal trespass.
17D. Before a notification under sub-section (1) of section 17A is cancelled, the President of the Union shall give such general or special directions as he may deem requisite regulation the relinquishment by government of possession of notified places.
17E. (1) Where the President of the Union is satisfied, after such inquiry as he may think fit, that any monies, securities or credits are beig used or are intended to be used for the purposes of an unlawful association, the President of the Union may, by order in writing, declare such monies, securities or credits to be forfeited to the State.
(2) a copy of an order under sub-section (1) may be served on the person copy such person shall pay or deliver the monies, securities or credits to the order of the President of the Union.:
Provided that, in the case of monies or securities, a copy of the order may be endorsed for execution to such officer as the President of the Union may select, and such officer shall have power to enter upon an search for such monies and securities in any premises where they may reasonably be suspected to be, and to seize the same.
(3) Before and order of forfeiture is made under sub-section (1) the President of the Union shall give written notice to the person (if any) in whose custody the monies, securities or credits are found of his intention to forfeit, and any person aggrieved thereby may within fifteen days from the issue of such notice file and application to the District Judge in a District to establish that the monies, securities or credits or any of them are not liable to forfeiture, and if any such application is made, no order of forfeiture shall be passed in respect of the monies, securities or credits concerned until such application has been disposed of and unless the District Judge has decided that the monies, securities or credits are liable to forfeiture.
(4) In disposing of an application under sub-section (3) the procedure to the investigation or claims, so far as it can be made to apply, and the decision of the District Judge shall be final.
(5) Where the President of the Union has reason to believe that any person has custody of any monies, securities or credits which are being used or are intended to be used for the purposes of an unlawful association, the President of the Union may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with the same, save in accordance with the written orders of the President of the Union. A copy of such order shall be served upon the person to whom it is directed.
(6) The President of the Union may endorse a copy of an order under sub-section (3) for investigation to any officer he may select, and such copy shall be warrant whereunder such officer may enter upon any premises of the person to whom the order is directed, examine the books of such person, search for monies and securities, and make inquiries from such person, or any officer, agent or servant of such person, touching the origin of and dealings in any monies, securities or credits which the investigating officer may suspect are being used or are intended to be used for the purposes of an unlawful association.
(7) A copy of an order under this section may be served in the manner provided in the Code of Criminal Procedure for the service of a summons, or, where the person to be served is a corporation, company, bank or association of persons, it may be served on any secretary, director or other officer or person concerned with the management thereof, or by leaving it or sending it by post addressed to the corporation, company, bank or association at its registered office, or, where there is no registered office, at the place where it carries on business.
(8) Where and order of forfeiture is made under sub-section (1) in respect of any monies, securities or credits in respect of which a prohibitory order has been made under sub-section (3), such order of forfeiture shall have effect from the date of the prohibitory order, and the person to whom the prohibitory order was directed shall pay or deliver the whole of the monies, securities, or credits forfeited to the order of the President of the Union.
(9) Where any person liable under this section to pay or deliver any monies, securities or credits to the order of the President of the Union refuses or fails to comply with any direction of the President of the Union in this behalf, the President of the Union may recover from such person, as arrears of land-revenue or as a fine, the amount of such monies or credits or the market value of such securities.
(10) In this section, "security" includes a document whereby any person acknowledges that he is under a legal liability to pay money, or whereunder any person obtains a legal right to the payment of money; and the market value of any security means the value as fixed y any officer or person deputed by the President of the President of the Union.
(11) Except sol far as is necessary for the Purposes of any proceeding Under this section, no information obtained in the course of any investigation made under sub-section (6) shall be divulged by any officer of Government without the consent of the President of the Union.
17F. Every report of the taking possession of property and every declaration of forfeiture made, or purporting to be made under this Act shall, as against all persons, be conclusive proof that the property specified therein has been taken possession of by Government or has been forfeited, as the case may be, and save as provided in sections 17B and 17E no proceeding purporting to be taken under section 17A, 17B, 17C, 17D, or 17E, shall be called in question by any Court, and no civil or criminal proceeding shall be instituted against any person for anything in good faith done or intended to be done under the said sections or against Government or person action on behalf of or by authority of Government for any loss or damage caused to or in respect of any property whereof possession has been taken by government under this Act.
18. An association shall not be deemed to have ceased to exist by reason only of any formal act of dissolution or change of title, but shall be deemed to continue so long as any actual combination for the purposes of such association continues between any members thereof.
(1) Substituted by Act LXI, 1954.
(2) Deleted ibid.