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The Burma Code Volume 2: The Arms (Temporary Amendment) Act

[ACT LI, 1951] (27th October, 1951)

It is hereby enacted as follows: —

1. This Act shall remain in force until such date as the President of Union may, by notification, direct that it shall no longer be in force; and the provisions of section 5 of the Burma General Clauses Act as respects the repeal of an enactment shall have effect when this Act ceases to be in force by virtue of such notification.

2. So long as this Act remains in force, the Arms Act shall have effect as if the following had been inserted after section 19 of the said Act as section thereof, namely: —

" 19A. Whoever, with the intention of committing the offence of High Treason, and, in contravention of the provisions of section 13 or section 14 or section 15, goes armed with, or has in possession or under his control, any of the following types of arms or ammunition or military stores, namely: —

(i) Small arms, such as —

(a) Rifles,

(b) Light Automatic, Sten Gun, Bren Gun, Tommy Gun, Browning, American 300 Carbine,

Foot Note: * Published in Burma Gazette, 1951, Part I, p. 828.

(ii) Light Machine Gun or ammunition thereof,

(iii) Mortar or ammunition thereof,

(iv) Heavy Machine Gun, such as Vickers Machine Gun, Browning Machine Gun, Besa Machine Gun, Japanese Heavy Machine Gun, Anti-Tank Weapon, and any variety of Field Artillery, Light Anti-Aircraft Gun, Aircraft Cannon or ammunition thereof,

(v) Live Hand Grenade,

(vi) Live Rifle Grenade,

(vii) Live Mortar Bomb,

(viii) Demolition Explosives,

or any other arms or ammunition of the description which the President of the Union may, by notification, declare in this behalf, shall be punished with rigorous imprisonment for which may extend to seven years.

Provided that, notwithstanding anything to the contrary contained in any other law for the time being in force, it shall be presumed, until the contrary is proved, in a prosecution under this section, that the person found going armed with; or in possession of, or having under his control any of the arms, ammunition or military stores specified herein, had the intention of committing the offence of High Treason."

3. The Arms (Temporary Amendment) Act, 1949 (Act No. XXII of 1949) is hereby repealed.