[INDIA ACT XXXIV, 1920.]
(9th September, 1920.)
1. * * * *
2. In this Act, unless there is anything repugnant in the subject or context, -
"entry " means entry by water, land or air;
"passport"’ means a passport for the time being in force issued or renewed by the prescribed authority and satisfying the conditions prescribed relating to the class of passports to which it belongs; and
"prescribed " means prescribed by rules made under this Act.
3. (1) The President of the Union may make rules¹ requiring that persons entering the Union of Burma shall be in possession of passports, and for all matters ancillary or incidental to that purpose.
(2) Without prejudice to the generality of the foregoing power such rules may—
(a) prohibit the entry into the Union of Burma or any part thereof of any person who has not in his possession a passport issued to him;
(b) prescribe the authorities by whom passports must have been issued or renewed, and the conditions with which they must comply, for the purposes of this Act; and
(c) provide for the exemption, either absolutely or on any condition, of any person or class of persons from any provision of such rules.
(3) Rules made under this section may provide that any contravention thereof or of any order issued under the authority of any such rule shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.
(4) All rules made under this section shall be published in the Gazette, and shall thereupon have effect as if enacted in this Act.
4. (1) Any officer of police, not below the rank of a sub-inspector, and any officer of the Customs Department empowered by a general or special order of the President of the Union in this behalf may arrest without warrant any person who has contravened or against whom a reasonable suspicion exists that he has contravened any rule or order made under section 3.
(2) Every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested before a Magistrate having jurisdiction in the case or to the officer in charge of the nearest police-station, and the provisions of section 61 of the Code of Criminal Procedure shall, so far as may be, apply in the case of any such arrest.
5. The President of the Union may, by general or special order, direct the removal of any person from the Union of Burma who, in contravention of any rule made under section 3 prohibiting entry into the Union of Burma without a passport, has entered therein, and thereupon any officer of Government shall have all reasonable powers necessary to enforce such direction.
1. For such rules, see Burma Gazette, 1938, Part I, p. 169.
1. Inserted by the Act L, 1953.
2. For exemptions under section 6, see Burma Gazette, 1948, Part I, p. 1596.
3. Inserted by Act XLV, 1950.