Burma Code Index C

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Canal Act	2/05	IV
2	Cantonments (House Accommodation) Act	India Act 6/23	VI
3	Cantonments Act	India Act 2/24	VI
4	Carriage Act, Hackney	India Act 14/1879	VII	Repeal by (Law No. 5/93) on 1/4/93.
5	Carriage by Air Act, Burma	India Act 20/34	VII
6	Carriage of Goods by Sea Act, Burma	India Act 26/25	VII
7	Carriages Act, Rangoon Hackney	4/17	VII
8	Carriages act, Stage	India Act 16/1861	VII	Repeal by (Law No. 1/92) on 19/2/92
9	Carriers Act	India Act 3/1865	VII
10	Cash Certificates Act, Post Office	India Act 18/17	III	Repeal by (Law No. 1/92) on 19/2/92
11	Caste Disabilities Removal act	India Act 21/1850	XI
12	Cattle Slaughter Prohibition act	52/47	IV	Repeal by (Law No. 5/93) on 1/4/94.
13	Cattle Trespass Act	India Act 1/1871	IV	Repeal by (Law No. 11/85) on 7/11/85.
14	Census Act, Burma	5/40	IV	Repeal by (Law No. 1/72) on 28/4/72.
15	Cess Act, Cotton	India Act 14/23	V	Repeal by (Law No. 1/92) on 19/2/92
16	Cess Act, Lac	India Act 24/30	V	Repeal by (Law No. 1/92) on 19/2/92
17	Cesses Act, District	India act 2/1880	III
18	Charitable and Endowments Act	India Act 6/1890	IX	Repeal by (Law No. 1/92) on 19/2/92
19	Charitable and Religious Trusts Act	India Act 14/20	IX
20	Child Marriage Restraint Act	India Act 19/29	XI	Repeal by (Law No. 1/92) on 19/2/92
21	Children (Pledging of Labour) Act	India Act 2/33	V	Repeal by (Law No. 1/92) on 19/2/92
22	Chin Special Division (Extension of Laws) Act, 1948	48/48	XIII
23	Christian Marriage Act	India Act 15/1872	XI
24	Church of Scotland Kick Session Act	India Act 23/1899	XI	Repeal by (Law No. 1/92) on 19/2/92
25	Cigarettes Duty Act	2/31	III	Repeal by (Law No. 1/92) on 19/2/92
26	Cinematograph Act	India Act 2/18	IV
27	City Civil Court Act, Rangoon	7/20	I	Repeal by (Law No. 1/92) on 19/2/92
28	City of Rangoon Municipal Act	6/22	VI
29	Civil Procedure, Code of	India Act 5/08	XII
30	Claims Act, Waste Lands	India Act 23/1863	X	Repeal by (Law No. 1/92) on 19/2/92
31	Code of Civil Procedure	India Act 5/08	XII
32	Code of Criminal Procedure	India Act 5/1898	VIII
33	Code of Criminal Procedure (Temporary Provisions) Act, 1954	7/54	VIII	Repeal by The Code of Criminal Procedure (Temporary Provisions) Act, 1957 (43/57) on 15/10/57.
34	Code, Penal		VIII
35	Collection of Taxes Act, Provisional	India Act 16/31	III	Repeal by (Law No. 1/92) on 19/2/92
36	Commissioners Act, Financial	14/28	III	Repeal by (Law No. 1/92) on 19/2/92
37	Companies (War-time Provisions) Act, 1945	25/45	IX	Repeal by (Law No. 1/92) on 19/2/92
38	Companies Act, Burma	India Act 7/13	IX
39	Companies Act, Insurance	India Act 20/28	IX	Repeal by (Law No. 1/92) on 19/2/92
40	Companies Act, Life Assurance	India Act 6/12	IX	Repeal by (Law No. 4/93) on 31/3/93.
41	Companies Act, Railway	India Act 10/1895	VII	Repeal by (Law No. 1/92) on 19/2/92
42	Companies Foreign interests Act	India Act 20/18	IX	Repeal by (Law No. 4/93) on 31/3/93.
43	Compensation Act, Workmen's	India Act 8/23	V
44	Constitution Amendment Act, 1951	62/51	I
45	Contempt of Courts Act	India Act 12/26	I
46	Contract Act	India Act 9/1872	IX
47	Contributory Provident Funds Act	7/43	IX	Repeal by (Law No. 4/93) on 31/3/93.
48	Control Act, 1948, Urban Rent	6/48	X	8/10/59 &ufae@ txdom tm%mwnfonf?
49	Control of Imports and Exports (Temporary) Act	56/47	III
50	Co-operative Societies Act	6/27	IX	Repeal by (Law No. 15/56) on 17/3/56.
51	Copyright Act, Burma	India Act 3/14	X
52	Cotton Cess Act	India Act 14/23	V	Repeal by (Law No. 1/92) on 19/2/92
53	Cotton Industry Statistics Act	India Act 20/26	V	Repeal by (Law No. 1/92) on 19/2/92
54	Cotton Transport Act	India act 20/26	V	Repeal by (Law No. 4/93) on 31/3/93.
55	Council Act, Bar	India Act 38/26	XI
56	Court Act, Rangoon City Civil	7/20	I	Repeal by (Law No. 1/92) on 19/2/92
57	Court Fees Act	India Act 7/1870	XII
58	Courts Act, Burma Small Cause	9/1887	I	Repeal by (Law No. 13/74) on 26/11/74
59	Criminal Procedure (Temporary Provisions) Act, 1954, Code of	7/54	VIII	Repeal by The Code of Criminal Procedure (Temporary Provisions) Act, 1957 (43/57) on 15/10/57.
60	Criminal Procedure, Code of	India Act 5/1898	VII
61	Currency (Evaluation) Act, Japanese	36/47	III
62	Custodian of Moveable Property Act	10/45	X
63	Customs Act, Land	India Act 19/24	III
64	Customs act, Sea	India Act 8/1878	III

Burma Code Index D

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Dangerous Drugs Act	India act 2/30	IV	Repeal by (Law No. 1/92) on 19/2/92
2	Daylight Saving Act, Burma	30/45	IV	Repeal by (Law No. 1/92) on 19/2/92
3	Deaths and Marriages Registration act, 1943, Births	26/43	IV	Repeal by (Law No. 1/92) on 19/2/92
4	Deaths and Marriages Registration Act, Births	India Act 6/1886	IV	Repeal by (Law No. 1/92) on 19/2/92
5	Default Act, Public Accountants	India Act 12/1850	I
6	Defence act, Works of	India Act 7/03	II
7	Defile Traffic Act	8/07	VII
8	Degrees Act, Burma Medical	India Act 7/16	IV
9	Designs Act, 1945, Burma Patents and	5/45	X	Repeal by (Law No. 4/93) on 31/3/93.
10	Destruction of Records Act	India Act 5/17	I
11	Development Trust Act, Rangoon	5/20	IV
12	Diseases Act, Epidemic	India Act 3/1897	IV	Repeal by (Law No. 1/95) on 20/3/95.
13	Disposal of Police Officers' Estates Act	8/22	I	Repeal by (Law No. 1/92) on 19/2/92
14	Disposition of Property Act, Hindu	India Act 15/16	XI
15	Disputes Act, Trade	India Act 7/29	V
16	Dissolution act, Native Converts' Marriage	India Act 21/1866	XI	Repeal by (Law No. 1/92) on 19/2/92
17	District Cesses Act	India Act 2/1880	III
18	Divorce Act, Burma	India Act 4/1869	XI
19	Divorce Act, Parsi Marriage and	India Act 3/36	XI
20	Dock Labourers act	India Act 19/34	V
21	Dock Workers (Regulation of Employment) Act	3/48	V
22	Dourine act	India Act 5/10	IV	Repeal by (Law No. 17/93) on 25/11/93.
23	Dramatic Performances Act	India Act 19/1876	IV	Repeal by (Law No. 1/92) on 19/2/92
24	Drugs (Amendment) Act, 1949, Food and	63/49	IV	Repeal by (Law No. 1/92) on 19/2/92
25	Drugs act, Dangerous	India Act 2/30	IV	Repeal by (Law No. 1/92) on 19/2/92
26	Drugs Act, Food and	10/28	IV	Repeal by (Law No. 1/92) on 19/2/92
27	Duties act, Iron and Steel	India Act 31/34	III	Repeal by (Law No. 1/92) on 19/2/92
28	Duty Act, Cigarettes	2/31	III	Repeal by (Law No. 1/92) on 19/2/92
29	Duty Act, Matches Excise	India Act 16/34	III	Repeal by (Law No. 1/92) on 19/2/92
30	Duty act, silver Excise	India Act 18/30	III	Repeal by (Law No. 1/92) on 19/2/92

Burma Code Index E

XIII

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Education (Temporary Amendment) Act, 1950, Primary	21/50	IV	Repeal by (Law No. 17/73) on 29/10/73.
2	Education Act Application act, 1951, Primary		XIII
3	Education act, Primary	20/40	IV	Repeal by (Law No. 17/73) on 29/10/73.
4	Electricity Act	India Act 9/10	V	Repeal by (Law No. 7/84) on 22/10/84.
5	Embankment Act	4/09	IV
6	Emergency Powers Act, Press	India Act 23/31	II
7	Emergency Provisions Act, 1916, Burma Patents and Designs	5/45	X	Repeal by (Law No. 4/93) on 31/3/93.
8	Emergency Provisions Act, Burma Immigration	31/47	I
9	Emergency Provisions Act, Requisitioning		II
10	Emigration Act	India Act 7/22	V	Repeal by (Law No. 1/92) on 19/2/92
11	Endowments Act, Charitable	India Act 6/1890	IX	Repeal by (Law No. 1/92) on 19/2/92
12	Entertainment Tax Act	48/47	III	Repeal by (Law No. 1/92) on 19/2/92
13	Epidemic Diseases Act	India Act 3/1897	IV	Repeal by (Law No. 1/95) on 20/3/95.
14	Essential Supplies and Services Act	47/47	II
15	Estates Act, Disposal of Police Officers'	8/22	I	Repeal by (Law No. 1/92) on 19/2/92
16	Estates Act, Government Management of Private	India Act 10/1892	X	Repeal by (Law No. 5/93) on 1/4/93.
17	Evidence Act	India Act 1/1872	XII
18	Evidence Act, Bankers' Books	India Act 18/1891	XII
19	Exchange Regulation Act, Foreign		III
20	Excise Act, Burma	5/17	III
21	Excise Duty Act, Matches		III
22	Excise Duty Act, Silver	India Act 18/30	III	Repeal by (Law No. 1/92) on 19/2/92
23	Excise Duty Act, Sugar	India Act 14/34	III	Repeal by (Law No. 1/92) on 19/2/92
24	Exemption Act, 1947, War-Time Crimes	47/46	VIII	Repeal by (Law No. 1/92) on 19/2/92
25	Explosives Act	India Act 4/1884	V
26	Explosives Substances Act	India Act 6/08	II
27	Expulsion of Offenders Act	India Act 1/26	II	Repeal by (Law No. 1/92) on 19/2/92
28	Extension Act, 1949, Burma Immigration (Emergency Provisions)	25/49	XIII
29	Extension Act, 1949, Foreigners	11/49	XIII
30	Extension Act, 1949, Registration (Temporary Porvisions) (Amendment)	56/49	XIII	rl&if;Oya' (Oya'trSwf 9/47) rSm tm%mwnfjcif;rS &yfpJoGm;+yD;jzpfojzifh tvdktavsmuf &kyfodrf;oGm;+yD;jzpfygonf?
31	Extension Act, 1949, Registration of Foreigners	20/49	XIII
32	Extension of Laws Act, 1948, Chin Special Division	48/48	XIII
33	Extension of Laws Act, 1948, States	50/48	XIII
34	Extension of Laws Act, 1949 Salween District	61/49	XIII
35	Extension of Laws Act, 1949, Karenni State	35/49	XIII
36	Extension of Laws Act, 1949, States	15/49
37	Extradition Act, Burma	India Act 15/03	I

Burma Code Index F

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Fairways act, Obstructions in	India Act 16/1881	VII
2	Farcy Act, Glanders and	India Act 13/1899	IV	Repeal by (Law No. 17/93) on 25/11/93.
3	Fatal accidents Act	India Act 13/1855	IX
4	Fees Act, Court	India Act 7/1870	XII
5	Fees Act, Process	1/10	XII
6	Ferries Act	2/1898	VII	Repeal by (Law No. 5/93) on 1/4/93.
7	Finance Supplementary and Extending Act, 1931	Governor-General's Act 1931	III	Repeal by (Law No. 1/92) on 19/2/92
8	Financial Commissioners Act	14/28	III	Repeal by (Law No. 1/92) on 19/2/92
9	Fisheries Act	3/05	III	Repeal by (Law No. 1/92) on 19/2/92
10	Food and Drugs (Amendment) Act, 1949	63/49	IV	Repeal by (Law No. 1/92) on 19/2/92
11	Food and Drugs Act	10/28	IV	Repeal by (Law No. 1/92) on 19/2/92
12	Foreign Exchange Regulation Act	44/47	III
13	Foreign Interests Act, Companies	India Act 20/18	IX	Repeal by (Law No. 4/93) on 31/3/93.
14	Foreign Marriage act	India Act 14/03	XI	Repeal by (Law No. 1/92) on 19/2/92
15	Foreign Recruiting Act	India Act 4/1874	I	Repeal by (Law No. 1/92) on 19/2/92
16	Foreign Relations Act	India Act 12/32	I
17	Foreigners (Extension) Act, 1949	11/49	XIII
18	Foreigners (Extension) Act, 1949, Registration of	20/49	XIII
19	Foreigners Act	India Act 3/1864	I
20	Foreigners Act, Registration of	7/40	I
21	Forest Act	4/02	III	Repeal by Forest Law (Law No. 8/92) on 3/11/92.
22	Free Medical Attendance Act, 1951		XIII
23	Funds Act, Provident	India Act 19/25	IX	Repeal by (Law No. 1/92) on 19/2/92

Burma Code Index G

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Gambling Act	1/1899	VIII	Repeal by (Law 6/86) on 20/10/86.
2	General Clause , Burma		I
3	Geneva Convention Implementing Act	India Act 14/36	V
4	Ghee Adulteration Act	6/17	IV	Repeal by (Law No. 1/92) on 19/2/92
5	Glanders and Farcy Act	India Act 13/1899	IV	Repeal by (Law No. 17/93) on 25/11/93.
6	Goods Act, Arial">Salef	India Act 3/30	X
7	Goods by Sea Act, Burma Carriage of	India Act 26/25	VII
8	Government Buildings act	India Act 4/1899	VI	Repeal by (Law No. 5/93) on 1/4/93.
9	Government Management of Private Estates Act	India Act 10/1892	X	Repeal by (Law No.5/93) on 1/4/93.
10	Government Savings Banks Act	India Act 5/1873	III	Repeal by (Law No. 5/92) on 12/6/92.
11	Government Securities Act	India Act 10/20	III
12	Grants act, State	India act 15/1895	X
13	Gratuities Act, Local Authorities Pensions and	India Act 1/19	VI	Repeal by (Law No. 1/92) on 19/2/92
14	Guardians and Wards Act	India Act 8/1890	XI

Burma Code Index H

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Hackney Carriage Act	India Act 14/1879	VII	Repeal by (Law No. 5/93) on 1/4/93.
2	Hackney Carriages Act, Rangoon	4/17	VII
3	Highways Act	5/07	VII
4	Hindu Disposition of Property Act	India Act 15/16	XI
5	Hindu Gains of Learning Act	India Act 30/30	XI
6	Hindu Inheritance (Removal of Disabilities) Act	India Act 12/28	XI
7	Hindu Law of Inheritance Amendment Act	India Act 2/29	XI
8	Hindu Widows' Re-marriage Act	India Act 15/1856	XI
9	House Accommodation Act, Cantonments	India Act 6/23	VI
10	Hyacinth Act, Water	1/17	IV	Repeal by (Law No. 1/92) on 19/2/92

Burma Code Index I

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Identification of Prisoners Act		I
2	Immigration (Emergency Provisions) (Extension) Act, 1949, Burma		XIII
3	Immigration (Emergency Provisions) Act, Burma	31/47	I
4	Immoveable Property (Restriction) Act, Transfer of		I	Repeal by (Law No. 1/87) on 16/3/87.
5	Importation Act Live Stock		IV
6	Imports and Exports (Temporary) Act, Control of	56/47	III
7	Income-tax Act, Burma	India Act 11/22	III	Repeal by (Law No. 1/92) on 19/2/92
8	Indemnity and Validating Act, 1945, Burma	18/45	I	Repeal by (Law No. 1/92) on 19/2/92
9	Industries Act, S		V
10	Inheritance Disabilities (Removal of ) Act, Hindu	India Act 12/28	XI
11	Inland Bonded Act		III	Repeal by (Law No. 1/92) on 19/2/92
12	Inland steam Act	India Act 1/17	VII
13	Inquires Act, Public servants	India Act 37/1850	I
14	Insects and Pests Law	India Act 2/14	IV	Repeal by (Law No. 8/93) on 16/6/93.
15	Insolvency Act, Burma	India Act 5/20	XI
16	Insolvency Act, Rangoon	India Act 3/09	XI
17	Inspection Act Bankers' Books	46/47	II	Repeal by (Law No. 1/92) on 19/2/92
18	Instruments Act, gotiable		X
19	Insurance Companies Act	India Act 20/28	IX	Repeal by (Law No. 1/92) on 19/2/92
20	Insurance Societies Act, Provident	India Act 5/12	IX	Repeal by (Law No. 4/93) on 31/3/93.
21	Interest Act	India Act 32/1839, 28/1855	X
22	Interest War-time Adjustment Act, 1947, Accrual of	11/47	X	Repeal by (Law No. 1/92) on 19/2/92
23	Iron and Steel Duties Act	India Act 31/34	III	Repeal by (Law No. 1/92) on 19/2/92

Burma Code Index J

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Japanese Currency (Evaluation) Act	36/47	III	Repeal by (Law No. 1/92) on 19/2/92
2	Judiciary Act, Union	8/48	I	Repeal by (Law No. 13/74) on 26/11/74
3	Judiciary Officers Protection Act	Indiac Act 18/1850	I

Burma Code Index K

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Karenni State (Extension of Laws) Act, 1949	35/49	XIII
2	Karenni State Public Order (Preservation) Act, 1950		XIII
3	Kazis Act	India Act 12/1880	XI
4	Kirk Session Act, Church of Scotland	India Act 23/1899	XI	Repeal by (Law No. 1/92) on 19/2/92
5	Kittima Adoptions Act, Registration of	14/39	XI

Burma Code Index L

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Labour Act, Children Pledging of	India Act 2/33	V	Repeal by (Law No. 1/92) on 19/2/92
2	Labourers Act, Dock	India Act 19/34	V	;
3	Lac Cess Act	India Act 24/30	V	Repeal by (Law No. 1/92) on 19/2/92
4	Land Acquisition (Mines) Act	India Act 18/1885	X	;
5	Land Acquisition Act	India Act 1/1894	X	;
6	Land Alienation Act	12/39	X	Repeal by (Law No. 1/92) on 19/2/92
7	Land and Revenue Act	India Act 2/1876	III	;
8	Land and Revenue Regulation, Upper Burma	Regulation 3/1889	III	;
9	Land Customs Act	India Act 19/24	III	;
10	Land Improvement Loans Act	India Act 19/1883	IV	Repeal by (Law No. 1/92) on 19/2/92
11	Land Purchase Act, Burma	14/41	X	Repeal by (Law No. 1/92) on 19/2/92
12	Laws (Adaptation) Act, Burma	;	I	Repeal by (Law No. 1/92) on 19/2/92
13	Laws Act, Burma	India Act 13/1898,	I	;
14	Laws Order, 1948, Union of Burma Adaptation of	;	I	;
15	Legal Practitioners Act	India Act 18/1879	XI	;
16	Legal Representatives Suits Act	India Act 12/1855	XI	;
17	Length Act, Measures of	India Act 2/1889	V	;
18	Leprosy Act	India Act 3/1898	IV	Repeal by (Law No. 1/92) on 19/2/92
19	Liabilities (war-time Adjustment) Act, 1945	19/45	X	Repeal by (Law No. 4/93) on 31/3/93
20	Life Assurance Companies Act	India Act 6/12	IX	Repeal by (Law No. 4/93) on 31/3/93.
21	Lighthouse Act, Burma	2/37	VII	;
22	Limitation Act	India Act 9/08	XII	;
23	Litigation Act, Soldiers	India Act 4/25	II	Repeal by (Law No. 1/92) on 19/2/92
24	Live-stock Importation Act	India Act 9/1898	IV	Repeal by (Law No. 17/93) on 25/11/93.
25	Loans Act, Agriculturists	India Act 12/1884	IV	Repeal by (Law No. 1/92) on 19/2/92
26	Loans Act, Land Improvement	India Act 19/1883	IV	;
27	Loans Act, Local Authorities	India Act 9/14	VI	Repeal by (Law No. 5/93) on 1/4/93.
28	Loans Act, Usurious	India Act 10/18	X	;
29	Loans Act, Weavers'	22/40	V	Repeal by (Law No. 12/77) on 10/9/77.
30	Local Authorities (Suspension) Act	3/46	VI	Repeal by (Law No. 5/93) on 1/4/93.
31	Local Authorities Loans Act	India Act 9/14	VI	Repeal by (Law No. 5/93) on 1/4/93.
32	Local Authorities Pensions and Gratuities Act	India Act 1/19	VI	Repeal by (Law No. 1/92) on 19/2/92
33	Lower BurmaTown and Village Lands Act	4/1898	X	;
34	Lunacy Act	India Act 4/12	IV	;

Burma Code Index N

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Native Converts' Marriage Dissolution Act	India Act 21/1866	XI	Repeal by (Law No. 1/92) on 19/2/92
2	Naval Armament Act		II
3	Naval Discipline Act, Burma		II
4	Naval Volunteer Reserve (Discipline) Act, Burma	15/40	II	Repeal by (Law No. 1/92) on 19/2/92
5	Negotiable Instruments Act	India Act 26/1881	X
6	Nurses Act, Midwives and	10/22	IV	Repeal by (Law No. 19/90) on 17/10/90.
7	Nursing Service Act, Burma Military		II

Burma Code Index O

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Oaths Act	India Act 10/1873	XII
2	Obstructions in Fairways Act	India Act 16/1881	VII
3	Offenders Act, Expulsion of		II
4	Offenders Act, Young		I	Repeal by The Child Law (Law No. 9/93) on 24/7/93.
5	Official Secrets Act, Burma		II
6	Official Trustees Act	India Act 2/13	IX
7	Oilfields Act	1/18	V
8	Opium Act	India Act 1/1878, 7/09	IV	Repeal by (Law No. 1/92) on 19/2/92
9	Outports Act	2/14	VII

Burma Code Index P

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Parsi Marriage and Divorce act	India Act 3/36	XI
2	Partition Act	India Act 4/1893	IX
3	Partnership Act	India Act 9/32	IX
4	Passport Act, Burma	India Act 34/20	I
5	Patents and Designs (Emergency Provisions) Act, 1946, Burma	1/46	X
6	Patents and Designs Act, 1945, Burma	5/45	X	Repeal by (Law No. 4/94) on 31/3/93
7	Payment of Wages Act	India Act 4/36	V
8	Penal Code	India Act 45/1860	VIII
9	Pensions Act	India Act 23/1871	I
10	Pensions Act, 1951, Shan State		XIII
11	Pensions and Gratuities Act, Local Authorities	India Act 1/19	VI	Repeal by (Law No. 1/92) on 19/2/92
12	Performances Act, Dramatic	India Act 19/1876	IV	Repeal by (Law No. 1/92) on 19/2/92
13	Pests Act, Animal	9/39	IV	Repeal by (Law No. 17/93) on 25/11/93.
14	Pests Act, Insects and	India Act 2/14	IV	Repeal by (Law No. 8/93) on 16/6/93.
15	Petroleum Act	India Act 30/34	V
16	Phosphorus Matches act, White		IV
17	Picketing Act	India Act 23/32	II	Repeal by (Law No. 1/92) on 19/2/92
18	Pilots Act	India Act 12/1883	VII	Repeal by (Law No. 4/93) on 31/3/93.
19	Pledging of Labour Act, Children	India Act 2/33	V	Repeal by (Law No. 1/92) on 19/2/92
20	Poisons act	India Act 12/19	IV
21	Police (Incitement to Disaffection) Act	India Act 22/22,	I	Repeal by (Law No. 1/92) on 19/2/92
22	Police act, 1945	6/45	I
23	Police Act, Rangoon	4/1899	I	Repeal by (Law No. 1/92) on 19/2/92
24	Police Act, Union military		I
25	Port Act, Rangoon	4/05	VII
26	Ports Act	India Act 15/08	VII
27	Post Office Act, Burma	India Act 6/1898	VII
28	Post Office Cash certificates Act	India Act 18/17	III	Repeal by (Law No. 1/92) on 19/2/92
29	Powers of Attorney Act	India Act 7/1882	IX
30	Practitioners Act, Legal	India Act 18/1879	XI
31	Present War Termination (Definition) Act, 1946	12/46	I	Repeal by (Law No. 1/92) on 19/2/92
32	Preservation Act, Ancient Monuments	India Act 7/04	IV	Repeal by (Law No. 15/57) on 28/3/57.
33	Press (Emergency Powers) Act	India Act 23/31	II
34	Press (Registration) Act	25/1867	II	Repeal by (Law No. 26/62) on 5/10/62.
35	Prevention of Cruelty to Animals act	2/30	IV	Repeal by (Law No. 17/930 on 25/11/93.
36	Primary Education (Temporary Amendment) Act, 1950	21/50	IV	Repeal by (Law No. 17/73) on 29/10/73.
37	Primary Education Act	20/40	IV	Repeal by (Law No. 17/73) on 29/10/73.
38	Primary Education Act Application Act, 1951		XIII
39	Prisoners act	India Act 3/1900	I
40	Prisoners Act, Identification of	India Act 33/20	I
41	Prisons Act	India Act 9/1894	I
42	Private Estates act, Government Management of	India Act 10/1892	X	Repeal by (Law No. 5/93) on 1/4/93.
43	Process Fees Act	1/10	XII
44	Prohibition Act, Cattle Slaughter	52/47	IV	Repeal by (Law No. 5/93) on 1/4/93.
45	Property act, married Women's	India Act 3/1874	XI
46	Property Act, Transfer of	India Act 4/1882	X
47	Protection Act, Judicial Officers	India Act 18/1850	I
48	Protection Act, Public Property	83/47	II
49	Protection Act, Public Utilities	41/47	II
50	Protection Act, Wild Life	7/36	IV	Repeal by (Law No. 6/940 on 8/6/94.
51	Protocol and Convention Act, Arbitration	India Act 6/37	XI
52	Provident Funds Act	India Act 19/25	IX	Repeal by (Law No. 1/92) on 19/2/92
53	Provident Funds Act, Contributory	7/43	IX	Repeal by (Law No. 4/93) on 31/3/93.
54	Provident Insurance Societies Act	India Act 5/12	IX	Repeal by (Law No. 4/93) on 31/3/93.
55	Provisional Collection of Taxes act	India Act 16/31	III	Repeal by (Law No. 1/92) on 19/2/92
56	Public Accountants Default Act	India Act 12/1850	I
57	Public Funds Act, Administration of	India Act 3/43	IX
58	Public Order (Preservation) Act	16/47	II
59	Public Order (Preservation) act, 1950, Karenni State		XIII
60	Public Property Protection Act	83/47	II
61	Public Servants Inquiries Act	India Act 37/1850	I
62	Public Utilities Protection Act	41/47	II
63	Purchase Act, Burma Land	14/41	X	Repeal by (Law No. 1/92) on 19/2/92

Burma Code Index R

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Railways ( Motor Transport Services ) Act	22/47	VII	Repeal by (Law No. 1/92) on 19/2/92
2	Railways Act	India Act 9/1890	VII
3	Railways Companies Act	India Act 10/1895	VII	Repeal by (Law No. 1/92) on 19/2/92
4	Rangoon City Civil Court Act	7/29	I	Repeal by (Law No. 1/92) on 19/2/92
5	Rangoon Development Trust Act	5/20	IV
6	Rangoon Hackney Carriages Act	4/17	VII
7	Rangoon Insolvency Act	India Act 3/09	XI
8	Rangoon Municipal Act, City of	6/22	VI
9	Rangoon Police Act	4/1899	I	Repeal by (Law No. 1/92) on 19/2/92
10	Rangoon Port Act	4/05	VII
11	Rangoon Water-woks Act	India Act 19/1884	VI
12	Rangoon Zoological Gardens Act	1/08	IV	Repeal by (Law No. 1/92) on 19/2/92
13	Records Act, Destruction of	India Act 5/17	I
14	Recruiting Act, Foreign	India Act 4/1874	I	Repeal by (Law No. 1/92) on 19/2/92
15	Registration ( Temporary Provisions ) (Amendment ) ( Extension) Act, 1949	56/49	VIII	Original Law (Law no. 9/47) is already repeal.
16	Registration ( Temporary Provisions ) Act, 1987	9/47	X	Repeal by Order No. 68 dated 4/5/71 on 1/10/71
17	Registration Act	India Act 16/08	X
18	Registration Act, 1943, Births, Deaths and  Marriages	26/43	IV	Repeal by (Law No. 1/92) on 19/2/92
19	Registration Act, Births, Deaths and Marriages	India Act 6/1886	IV	Repeal by (Law No. 1/92) on 19/2/92
20	Registration Act, Press	25/1867	II	Repeal by (Law No. 26/62) on 5/10/62.
21	Registration Act, Societies	India Act 21/1860	IX	Repeal by (Law No. 1/92) on 19/2/92
22	Registration of Foreigners (Extension) Act, 1949		XIII
23	Registration of Foreigners Act	7/40	I
24	Registration of Kittima  Adoption Act	14/39	XI
25	Registration of Ships Act, Burma	India Act 10/1841	VII
26	Regulation of Construction and Repair (Amendment) Act, Buildings, 1948		XIII
27	Regulation of Construction and Repair Act, Buildings		IV
28	Regulation of Employment Act, Dock Workers	3/48	V
29	Regulation, State Prisoners		I	Repeal by (Law No. 1/92) on 19/2/92
30	Regulation, Upper Burma Land and Revenue	Regulation 3/1889	III
31	Regulation, Upper Burma Ruby	Regulation 12/ 1887	V	Repeal by (Law No. 8/94) on 6/9/94.
32	Relations Act, Foreign	India Act 12/32	I
33	Relief Act, Specific	India Act 1/1877	XI
34	Religious Society Act	India Act 1/1880	IX
35	Religious Trusts Act, Charitable and	India Act 14/20	IX
36	Re-marriage Act, Hindu Widows'	15/1856	XI
37	Removal of Disabilities Act, Hindu Inheritance	India Act 12/28	XI
38	Rent Control Act (Application ) Act, 1952, Urban		XIII
39	Rent Control Act, 1948, Urban	6/48	X	Only enfoce until 8/10/59
40	Requisitioning ( Emergency Provisions ) Act	India Act 38/47	II
41	Reserves Forces Act, Burma		II
42	Restraint Act, Child Marriage	India Act 19/29	XI	Repeal by (Law No. 1/92) on 19/2/92
43	Restrictions Act, Transfer of Immoveable Property	86/47	I	Repeal by (Law No. 1/87) on 16/3/87.
44	Revenue Act, Land and	India Act 2/1876	III
45	Revenue Recovery Act	India Act 1/1890	III
46	Revenue Regulation, Upper Burma Land and		III
47	Ruby Regulation, Upper Burma	Regulation 12/1887	V	Repeal by (Law No. 8/94) on 6/9/94.
48	Rural Self-Government Act	4/21	VI

Burma Code Index S

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Sale of Goods Act	India act 3/30	X
2	Salt Act, Burma	2/17	III	Repeal by (Law No. 6/92) on 18/2/92.
3	Salween District ( Extension of Laws ) Act, 1949	61/49	XIII
4	Sanction for Prosecution ( War-Time Offences ) Act, 1946		VIII
5	Savings Banks Act, Government	India act 5/1873	III	Repeal by (Law No. 5/92) on 12/6/92
6	Savings Certificates Act	50/47	III	Repeal by (Law No. 5/92) on 12/6/92.
7	Savings Stamps Act	71/47	III	Repeal by (Law No. 1/92) on 19/2/92
8	Sea Customs Act	India Act 8/1878	III
9	Search ( Special Power ) Act	85/47	II	Repeal by (Law No. 1/92) on 19/2/92
10	Securities Act, Government	India Act 10/20	III
11	Seditious Meetings Act	India Act 10/11	II	Repeal by (Law No. 1/92) on 19/2/92
12	Self-Government Act, Rural	4/21	VI
13	Shan State Pensions Act, 1951		XIII
14	Shipping Act, Burma Merchant	India Act 21/23	VII
15	Ships Act, Burma Registration of	India Act 10/1841	VII
16	Silver ( Excise Duty ) Act	India Act 18/30	III	Repeal by (Law No. 1/92) on 19/2/92
17	Slavery Act	India Act 5/1845	XI	Repeal by (Law No. 1/92) on 19/2/92
18	Small Cause Courts Act, Burma	9/1887	I	Repeal by (Law No. 13/74) on 26/11/74
19	Societies Act, Co-operative	6/27	IX	Repeal by (Law No. 15/56) on 17/3/56.
20	Societies Act, Provident Insurance	India Act 5/12	IX	Repeal by (Law No. 4/93) on 31/3/93
21	Societies Act, Religious	India Act 1/1880	IX
22	Societies Registration Act	India Act 21/1860	IX	Repeal by (Law No. 1/92) on 19/2/92
23	Soldiers Litigation Act	4/25	II	Repeal by (Law No. 1/92) on 19/2/92
24	Special Crimes (Tribunal) Act, 1947	53/47	VIII	Repeal by (Law No. 13/74) on 26/11/74.
25	Special Judges Act, 1946	9/46	VIII	Repeal by (Law 13/740 on 26/11/74.
26	Special Marriage Act	India Act 3/1872	XI
27	Special Power Act, Search	85/47	II	Repeal by (Law No. 1/92) on 19/2/92
28	Specific Relief Act	India Act 1/1877	XI
29	Stage Carriages act	India Act 16/1861	VII	Repeal by (Law No. 1/92) on 19/2/92
30	Stamps Act, Burma	India Act 2/1899	III
31	State Aid to Industries Act	23/39	V	Repeal by (Law No. 12/77) on 10/9/77.
32	State Grants Act	India Act 15/1895	X
33	State Prisoners Regulation	Bengal Regulation 3/1818	I	Repeal by (Law No. 1/92) on 19/2/92
34	States (Extension of Laws) Act, 1948	50/48	XIII
35	States (Extension of Laws) Act, 1949	15/49	XIII
36	Statistics Act, Cotton Industry	India Act 20/26	V	Repeal by (Law No. 1/92) on 19/2/92
37	Steam Vessels Act, Inland	India Act 1/17	VII
38	Steel Duties Act, Iron and	India Act 31/34	III
39	Succession Act	India Act 39/25	XI
40	Sugar (Excise Duty) Act	India Act 14/34,	III	Repeal by (Law No. 1/92) on 19/2/92
41	Sugar Cane act	India Act 15/34	V	Repeal by (Law No. 1/92) on 19/2/92
42	Suits Act, Legal Representatives	India Act 12/1855	XI
43	Suits Valuation Act	India Act 7/1887	XII
44	Supplies and Services Act, Essential	47/47	II
45	Suspension Act, Local Authorities	3/46	VI	Repeal by (Law No. 5/93) on 1/4/93.
46	Suspension of Sentences act, Burma Army		II	Repeal by (Law No. 43/59) on 1/7/60

Burma Code Index T

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Tax Act, Betting	9/28	III	Repeal by (Law No. 1/92) on 19/2/92
2	Tax Act, Burma Income		III
3	Tax Act, Entertainment	48/47	III	Repeal by (Law No. 1/92) on 19/2/92
4	Taxation act, Municipal	India Act 11/1881	VI	Repeal by (Law No. 1/92) on 19/2/92
5	Taxes Act, Provisional Collection of	India Act 16/31	III	Repeal by (Law No. 1/92) on 19/2/92
6	Telegraph act, Burma	India Act 13/1885	VII
7	Telegraphy Act, Burma Wireless	India Act 17/33	VII
8	Tenancy Act, 1946	21/46	X	Repeal by (Law No. 1/92) on 19/2/92
9	Territorial Force Act, Burma<		II
10	Tokens Act, Metal	India Act 1/1889	III	Repeal by (Law No. 1/92) on 19/2/92
11	Tolls (Army) Act	India Act 2/01	VII
12	Tolls Act	India Act 8/1851	VII	Repeal by (Law No. 13/85) on 7/11/85.
13	Town and Village Lands Act, Lower Burma	4/1898	X
14	Towns (Amendment) Act Application Act, 1950		XIII
15	Towns act	3/07	VI
16	Trade Disputes Act	India Act 7/29	V
17	Trade Unions Act	India Act 16/26	V
18	Traffic Act, Defile	8/07	VII
19	Tramways Act	India Act 11/1886	VII	Repeal by (Law No. 1/92) on 19/2/92
20	Transfer of Immoveable Property (Restriction) Act	86/47	I	Repeal by (Law No. 1/87) on 16/3/87.
21	Transfer of Property Act		X
22	Transport Act, Cotton	India Act 3/23	V	Repeal by (Law No. 4/93) on 31/3/93)
23	Treasure Trove Act	India act 6/1878	X
24	Trespass Act, Cattle	India Act 1/1871	IV	Repeal by (Law No. 11/850 on 7/11/85.
25	Tribunal Act, 1947, Special Crimes	53/47	VIII	Repeal by (Law No. 13/74) on 26/11/74.
26	Trustees Act, Official	India Act 2/13	IX
27	Trusts Act	India Act 2/1882	IX
28	Trusts Act, Charitable and Religious	India Act 14/20	IX

Burma Code Index W

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Wages Act, Payment of	India Act 4/36	V
2	Wakf Act, Mussalman	India Act 42/23	IX
3	Wakf Validting Act, Mussalman	India Act 6/13	XI
4	War Termination (Definition) Act, 1946, Present	12/46	I	Repeal by (Law No. 1/92) on 19/2/92
5	Wards act, Guardians and	India Act 8/1890	XI
6	Warehouses Act, Inland Bonded	India Act 8/1896	III	Repeal by (Law No. 1/92) on 19/2/92
7	War-time Adjustment Act, 1945, Liabilities	19/45	X	Repeal by (Law No. 4/93) on 31/3/93
8	War-time Adjustment Act, 1947, Accrual of Interest	11/47	X	Repeal by (Law No. 1/92) on 19/2/92
9	War-time Crimes (Exemption) Act, 1947	47/46	VIII	Repeal by (Law No. 1/92) on 19/2/92
10	War-time Offences Act, 1946, Sanction for Prosecution	26/46	VIII	Repeal by (Law No. 1/92) on 19/2/92
11	War-time Provisions Act, 1945, Companies	25/45	IX	Repeal by (Law No. 1/92) on 19/2/92
12	Waste Lands Claims Act	India Act 23/1863	X	Repeal by (Law No. 1/92) on 19/2/92
13	Water Act, Underground	4/30	VI
14	Water Hyacinth Act	1/17	IV	Repeal by (Law No. 1/92) on 19/2/92
15	Water Power Act	11/27	V
16	Water-works Act, Rangoon	India Act 19/1884	VI
17	Weavers' Loans Act	22/40	V	Repeal by (Law No. 12/77) on 10/9/77.
18	Weights and Measures of Capacity Act	India Act 31/1871	V
19	Whipping Act	India Act 4/09	VIII
20	White Phosphorus Matches Act	India act 5/13	IV	Repeal by (Law No. 1/92) on 19/2/92
21	Widows' Re-marriage Act, Hindu	India Act 15/1856	XI
22	Wild Life Protection Act	7/36	IV	Repeal by (Law No. 6/94) on 8/6/94.
23	Wireless Telegraphy Act, Burma	India Act 17/33	VII
24	Women's Auxiliary Service (Burma) Act	2/44	II	Repeal by (Law No. 1/92) on 19/2/92
25	Women's Property Act, Married	India Act 3/1874	XI
26	Workmen's Compensation Act	India Act 8/23	V
27	Works of Defence Act	India Act 7/ 03	II

Burma Code Index Y/Z

NO.	PARTICULARS LAWS	LAW NO.	VOL.	REMARKS
1	Young Offender Act	3/30	I	Repeal by The Child Law (Law No. 9/93) on 24/7/93.
1	Zoological Gardens Act, Rangoon	1/08	IV	Repeal by (Law No. 1/92) on 19/2/92

Burma Code Volume 1: The Burma Immigration (Emergency Provisions) Act 2

[BURMA ACT XXXI, 1947.]
(13th June, 1947.)

1. (1) This Act may be called the Burma Immigration (Emergency Provisions) Act, 1947.
(2) It shall come into force at once.

32. (1) In this Act unless there is anything repugnant in the subject or Definitions context -

(a) "carrier" includes the owner or charterer of a conveyance, the agent of such owner or charterer and also the person in charge of the conveyance.

(b) "Controller "means the Controller of Immigration;

(c) "conveyance" means anything used for transport from one place to another;

(d) "crew" means a person employed on or engaged in the working of a conveyance;

(e) "foreigner" means a person who is not a citizen of the Union Burma;

(f) "immigration official" means any official of the Immigration Department, who is not below the rank of a Sub-Inspector of Immigration.

(g) "immigration permit" includes a certificate or pass or any document, issued to a foreigner under this Act or the rules made thereunder, for entry into or stay in the Union of Burma;

(h) "passenger" , means any person who travels in any conveyance other than members of the crew;

(i) "prescribed" means prescribed by the President of the Union or by rules made by the President of the Union.

(2) The President of the Union may authorize any officer to exercise any or all of the powers of the Controller under this Act or rules made thereunder.

(3) The Controller may delegate any of his powers under this Act or the rules made thereunder to any immigration official.

13. (1) No foreigner shall enter the Union of Burma without an immigrant permit issued by the Controller or by any officer authorized to issue such permits or a valid passport duly viased by or only behalf of the President of the Union.

2(2) No citizen of the Union of Burma shall enter the Union without a valid Union of Burma Passport, or a certificate in lieu thereof, issued by compete, authority:

Provided that this section shall not apply to a person, who, in proceeding from one place in the Union of Burma to another place in the Union of Burma, traverses in the course of that journey any extra-territorial waters.

34. (1) Permits and passport visas * * * * shall be subject to such conditions as may be prescribed and also to such conditions as may be set out in the permit or visa * * * *.
(2) All such conditions shall be deemed to be conditions for allowing the holder of such permit or visa to enter or remain in the Union of Burma, and a breach of any of these conditions shall render the bolder liable to deportation from the Union of Burma if the President of the Union so directs.

44A. Where an affidavit is required for the purpose of issuing an immigration permit or passport visa, * * * the Controller or such other officer as may be authorized in this behalf by the President of the Union may administer the oath to the deponent.

35. (1) The carrier landing or embarking passengers at any seaport or airport in the Union of Burma shall furnish to such person and in such manner as the President of the Union may prescribe a return giving such particulars in respect of such passengers as may be required for the time being by order of the President of the Union and such passengers shall furnish the carrier with all the information required by him for the purpose of the return.

1(2) The carrier arriving in any seaport or airport in the Union of Burma shall furnish the Controller with a-

(a) schedule of expected arrivals and departures of conveyances for each week;

(b) list of crew on arrival and departure

(c) list of crew who are signed on or off.

1(3) The President of the Union may by order exempt from the provisions of this section any class of passengers or voyages, or any conveyance, or seaports and airports; and any such order may be withdrawn at any time at his discretion.

26. (1) No foreigner shall enter or leave the Union of Burma by any means except at such seaports, airports or land stations prescribed by the President of the Union.

(2) It shall be the duty of the carrier who brings in a conveyance to any seaport or airport or land station in the Union of Burma to stop the conveyance at such place as may he specified by an immigration official and not to remove the conveyance until clearance is granted by the immigration official.

(3) For examination of any conveyance on any official holidays or between 17:00 hours and 7:00 hours on other days, the carrier shall be liable to pay an over time fee fixed according to the rates that may be prescribed.

37. (1) Any foreigner who enters the Union of Burma, or who after entry remains in the Union of Burma, in contravention of the provisions of this Act or the rules made thereunder may, in lieu of or in addition to any punishment to which he may be subject under any other section of this Act be detained in such manner as the President of the Union may direct, and whilst so detained shall be deemed to be in legal custody and shall be liable to be deported by an order of the President of the Union or of such authority as may be appointed by him in that behalf.

4(2) The carrier who is responsible for the illegal entry of any foreigner against whom any order of deportation is subsequently issued under subsection (1) shall remove such foreigner from the Union of Burma.

8. The President of the Union may exempt any person or classes of persons from any or all of the provisions of the Act with or without conditions.

59. Nothing in this Act shall apply to any duly accredited head of a foreign diplomatic mission or members of his household, or to members of his official staff and their families, or to any consular representative in the Union of Burma and his family.

110. Any immigration official or any police officer may enter any place or conveyance and arrest without warrant any person whom he may reasonably suspect of contravening or having contravened or being about to contravene any of the provisions of this Act.

211. Fees may be charged for the issue of immigration permits or passport visas * * * at such rates as may he prescribed.

312. Any foreigner who has been brought into the Union of Burma an who is not entitled to enter the Union of Burma under the provisions of this Act or the rules made thereunder shall be detained by the carrier, who shall, if required at any time by any immigration official above the rank of Sub-Inspector of Immigration remove him from the Union of Burma. Such detention shall be deemed to be legal custody.

413. (1) Whoever enters or attempts to enter the Union of Burma or whoever after legal entry remains or attempts to remain in the Union of Burma in contravention of any of the provisions of this Act or the rules made there under or any of the conditions set out in any permit or visa * * * shall be liable on summary conviction to imprisonment for a term not exceeding one year or to fine or to both.

2(2) Whoever being the carrier knowingly brings or attempts to bring into the Union of Burma any person not authorized to enter the Union of Burma shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding Rs. 200 for every such person brought or attempted to be brought into the Union of Burma, or to both.

3(3) The carrier who omits to make the return required of him under section 5 of this Act or who makes a false return or who fails to carry out any duty laid upon him by this Act, shall be liable to imprisonment not exceeding three months or to a fine not exceeding Rs. 200, or to both.

2(4) Any passenger refusing to give any information required by the carrier under section 5 of this Act, or who gives false information for the purpose, shall be liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding Rs. 200, or to both.

5(5) Whoever assists or attempts to assist any person to enter the Union of Burma illegally or knowing that a foreigner is remaining in the Union of Burma in contravention of any of the provisions of this Act or the rules made thereunder willfully assists or attempts to assist him to remain in the Union of Burma shall be liable on conviction to imprisonment for a term not exceeding six months or to fine or to both.

5(6) Whoever willfully suppresses information or gives false information to prevent the apprehension of any foreigner who has contravened any of the provisions of this Act or the rules made thereunder shall be liable on conviction to imprisonment for a term not exceeding six months or to fine or to both.

6(7) Whoever-
(a) uses or has in his possession any forged immigration permit or any immigration permit which bears any illegal obliteration, tampering or alteration in respect of any material particulars, or

(b) impersonate or falsely represents himself to be, or not to be, a person to whom an immigration permit has been issued, or with intent to obtain an immigration permit makes any false statements, shall be punished with imprisonment which may extend to twelve months or with fine or with both.

113A. If any question arises with reference to this Act or rules made there under whether a foreigner enters or remains in the Union of Burma legally, the onus of proving that he enters or remains in the Union of Burma legally shall, notwithstanding anything contained in the Evidence Act, be upon such foreigner.

113B. If any question arises with reference to this Act or rules made there under whether a person is or is not a foreigner, or is or is not a foreigner of a particular class, the onus of proving that such a person is not a foreigner or is not foreigner of such particular class, as the case may be, shall, notwithstanding anything contained in the Evidence Act, be upon such person.

214. (1) No magistrate other than a first class magistrate or a sub divisional magistrate shall try cases under this Act.

(2) The magistrate trying the case my direct any portion of the fine levied under section 13 to be paid to any person who has contributed in any way to the arrest and conviction.

315. (1) Every order of deportation made tinder this Act shall remain in force until it is revoked by the President of the Union or by such authority as the President of the Union may appoint in that behalf.

(2) If any foreigner against whom an order of deportation has been issued fails to comply with the order in any respect, or having left the Union of Burma re-enters the Union of Burma without the permission in writing of the President of the Union or of such authority as the President of the Union may appoint in that behalf while the order is in force, be shall be liable to imprisonment for a term which may extend two years or to fine or to both and shall, in addition to such penalty, be liable to be deported again from the Union of Burma in pursuance of the order.

(3) When security has been taken in pursuance of any of the provisions of this Act or rules made thereunder the bond shall be deemed to be a bond taken under the Criminal Procedure Code by the District Magistrate having jurisdiction in the area in respect of which the said security has been taken and the provisions of section 514 of the said Code shall apply accordingly.

16. (1) The President of the Union may make rules4 to carry out the purposes of this Act;

5(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for-

(a) the authorities by whom passports may be visaed * * * on behalf of the President of the Union under section 3;

(b) the conditions to which immigration permits and passport visas * * * shall be subject;

(c) the particulars required in respect of passengers and crew under section 5;

(d) fees under section 11;

(e) the conditions under which and the authority by whom bail may be granted;

(f) persons who shall be permitted to practice as writers of applications for immigration permits or passport visas and regulating the conduct of business of persons so practicing ; and

(g) such other matters as may be deemed necessary for the purpose of giving effect to the provisions of the Act.

1(3) The President of the Union may direct that a breach of any rule made under sub-sections (1) and (2) shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Rs. 200, or with both.

.............................................................

2. Published in Judicial Department Notification No. 214 dated 13th June 1947.— (Burma Gazette,1947, Part I. page364.)

3. Substituted by Act LIII,1950.

1. Section 3 was re-numbered as sub-section (1) of section 3 and sub-section 1, as re-numbered was a mended by Act LIII, 1950.

2. Inserted by ibid.

3. Amended by Act LIII, 1950.

4. Inserted by Act XL, 1948, and amended by Act LIII, 1950.

1. Existing sub-section (2) was re-numbered as sub-section (3), and new sub-section (2) inserted by Act LIII, 1950.

2. Section 6 was re-numbered as sub-section (1) of section 6 and amended and sub-sections (2) and (3) were inserted by Act LIII, 1950.

3. Substituted by Act XVI, 1948, and re-numbered as sub-section (1) of section 7 and amended by Act XII 1949 and subsequently amended by Act LIII, 1950.

4. Inserted by Act XII, 1949, and subsequently substituted by Act LIII, 1950.

5. Substituted by Act LIII, 1950.

1. Substituted by Act XVI, 1948, and subsequently amended by Act LIII, 1950.

2. Amended by Act LIII, 1950.

3. Substituted by Act XVI, 1948, and again by Act LIII, 1950.

4. Substituted by Act XVI, 1948, and again by Act XL, 1948, and subsequently amended by Act LIII. 1950.

5. inserted by Act XVI, 1948, and subsequently substituted by Act LIII 1950.

6. inserted by Act LIII, 1950.

1. Inserted by Act LIII. 1950.

2. Section 14 was amended by Act XII, 1949, and subsequently re-numbered as sub-section (1) of section 14, and sub-section (2) inserted by Act LIII, 1950.

3. Section 15 was re-numbered as section 16 and new section 15 was inserted by Act 1.111, 1950.

4. For Burma Immigration (Detention) Rules, 1951, See Burma Garette, 1952, Part I, page 450.

5. Amended by Act LIII, 1959.

1. Inserted by Act XVI, 1948.

Burma Code Volume 1: The Burma Laws Act

( INDIA ACT XIII, 1898.)
( 4th November, 1898. )

1 - 4 * * * *

5. The President of the Union may, for administrative including revenue purposes,-

(a) divide Upper Burma into divisions and each of those divisions into districts, and vary the limits of those divisions and districts, and

(b) divide each of those districts into sub-divisions, each of those sub-divisions into townships and each of those townships into circles, and vary the limits of these sub-divisions, townships and circles.

6. For the purpose of facilitating the application of any enactment for the time being in force in any part of Upper Burma, any Court may construe the enactment which such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the Court.

7 - 12. * * * *

13. (1) Where in any suit or other proceeding in the Union of Burma it is necessary for the Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution,-

(a) the Buddhist law in cases where the parties are Buddhists,

(b) the Muhammadan law in cases where the parties are Mohammedans,
and

(c) the Hindu law in cases where the parties are Hindus, shall from the rule of decision, except in so far as such law has by enactment been altered or abolished, or is opposed to any custom having the force of law.

¹(2 ) * * * * *

(3) In cases not provided for by sub-section (1), or by any other enactment for the time being in force, the decision shall be according to justice, equity and good conscience.

14. (1) The Governor may, by notification in the Gazette, transfer any portion of Upper Burma to Lower Burma or any portion of Lower Burma to Upper Burma, with effect from a date to be specified in the notification, and on and with effect from that date, the portion so transferred shall form part of Lower Burma or Upper Burma, as the case may be.

(2) * * * * *

.......................................................................
1. Deleted by Act II, 1945.

Burma Code Volume 1: The Foreign Relations Act

[INDIA ACT XII, 1932.]
(8th April, 1932.)

WHEREAS it is expedient to provide against the publication of statements likely to prejudice the maintenance of friendly relations between His Majesty’s Government Governments of certain foreign States; it is hereby enacted as follows: -

1. * * * *

3. The provisions of sections 99A to 99G of the Code of Criminal Procedure, and of sections 27B to 27D of the Burma Post Office Act, shall apply in the case of any book, newspaper or other document containing matter which is defamatory of a Ruler of a State outside India and Burma but adjoining India or Burma or of consort or son or principal Minister of such Ruler and tends to prejudice the maintenance of friendly relations between His Majesty’s Government and the Government of such State, in like manner as they apply in the case of a book, newspaper or document containing seditious matter within the meaning of those sections.

4. Where, in any trial of an offence upon a complaint under section 2, or in any proceeding before the High Court arising out of section 3, there is a question whether any person is a Ruler of any State, or is the consort or son or principal Minister of such Ruler a certificate of the Governor that such person is such Ruler, consort, son or principal Minister shall be conclusive proof of that fact.

Burma Code Volume 1: The Foreigners Act

[INDIA ACT III, 1864.] (12th February, 1864.)

WHEREAS it is expedient to make provision to enable the President of the Union to prevent the subjects of Foreign States from residing or sojourning in Union of Burma, or from passing through or traveling therein, without the consent of the President of the Union ; it is enacted as follows : -

¹1. In this Act, unless the contest otherwise requires, the word "foreigner" shall denote a person who is not a citizen of the Union. -

2. If a question shall arise whether any person alleged to be a foreigner and to be subject to the provisions of this Act is a foreigner or not, or is or is not subject to the provisions of this Act, the onus of proving that such person is not a foreigner, or is not subject to the provisions of this Act, shall lie upon such person.

²3. The President of the Union may, by writing,---

(a) order any foreigner to remove himself from the Union of Burma, or to remove himself there from by a particular route to be specified in the order, or

(b) order that any foreigner be deported forthwith from the Union of Burma.

3-A. (I) Whenever the District Magistrate considers that the President of the Union should be moved to issue an order under section 3 in respect of any foreigner who is within the limits of the jurisdiction of such Magistrate, he may report the case to the President of the Union and at the same time issue a warrant for the apprehension of such foreigner.

(2) Any officer issuing a warrant under sub-section (1) may, in his discretion, direct by endorsement on the warrant that if such foreigner executes a bond with or without sureties for his attendance at a specified place and time, the person to whom the warrant is directed shall take such security and release such foreigner from custody.

(3) Any person executing a warrant under sub-section (1) may search for and apprehend the foreigner named in such warrant ; and, subject to any direction issued under sub-section (2), shall forthwith cause such foreigner when apprehended to be produced before the officer issuing the warrant.

(4) When a foreigner for whose apprehension a warrant has been issued under sub section (1) is produced or appears before the officer issuing such warrant, such officer may direct him to be detained in custody pending the orders of the President of the Union, or may release him on his executing a bond with or without sureties to appear at a specified place and time and thereafter if and when required until such orders are obtained.

(5) Any officer who has in accordance with the provisions of sub-section (4), ordered a foreigner to be detained or released on his executing a bond shall forthwith report the fact to the President of the Union. On the receipt of a report under this sub-section the President of the Union shall without delay either direct that the foreigner be discharged or order for the removal¹ [or deportation] of such foreigner in accordance with the provision of section 3.

4. (1) If any foreigner ordered to remove himself from the Union of Burma, or ordered to remove himself there from by a particular route, shall neglect or refuse so to do, or if any foreigner, having removed himself from Union of Burma in consequence of an order issued under any of the provisions of this Act, or having been removed from the Union of Burma under any of the said provisions, shall willfully return thereto without a license in writing granted by the President of the Union, such foreigner may be apprehended and detained in safe custody, 4[by an order in writing of the District Magistrate], until he shall be discharged there from by order of the President of the Union upon such terms and conditions as the President of the Union shall deem sufficient for the peace and security of Union of Burma ²[ * * * * ].

³(2) Any foreigner who has been order to be deported under section 3 (b) may be apprehended without warrant by any police-officer not below the rank of Sub-Inspector and brought before the District Magistrate who shall, by an order in writing, cause the said foreigner to be detained in safe custody pending the completion of arrangements for his removal out of the Union of Burma.

³(3) Any foreigner apprehended and detained under the provisions of sub-section (1) may be admitted to bail by the District Magistrate.

45. Whenever the President of the Union shall consider it necessary to take further precautions in respect of foreigners residing or traveling in Union of Burma or any part thereof, it shall be lawful for the President of the Union by a notification to order that the provisions of this and the subsequent sections up to and including section 22 of this Act shall be in force in Union of Burma, such part thereof as shall be specified in such notification, for such period as shall be therein declared ; and thereupon, and for such period, the provisions of this and the subsequent sections up to and including sections 22 shall have full force and effect in the Union of Burma or such part thereof as shall have been so specified. The President of the Union may, from time to time, by a notification, cancel or alter any former notification which may still be in force, or may extend the period declared therein:

6. Every foreigner on arriving in any part of the Union of Burma in which all the provisions of this Act are for the time being in force under an order issued as provided in the last preceding section from any port or place not within the Union of Burma, or from any port or place within the Union of Burma where all the provisions of this Act are not in force, shall forthwith report himself to the District Magistrate, or to such other officer as shall be appointed to receive such reports by the President of the Union.

7. The report shall be in writing, and shall be signed by the person reporting himself, and shall specify his name or names, the nation to which he belongs, the place from which he shall have come, the place or places of his destination, the object of his pursuit, and the date of his arrival. The report shall be recorded by the officer to whom it is made.

8. The provisions of the last two preceding sections shall not extend to any person being the master or commander of a vessel or employed therein, but if any such person shall be in any part of the Union of Burma in which all the provisions of this Act are for the time being in force, after he shall have ceased to be actually employed in a vessel, he shall forthwith report himself in manner aforesaid.

9. If any foreigner shall neglect to report himself as required by this Act, he may be dealt with in the manner hereinafter provided in respect of foreigners traveling without a license.

10. No foreigner shall travel in or pass through any part of the Union of Burma in which all the provisions of this Act are for the time being in force without a license.

11. * * * * *

12. Every such license shall state the name of the person to whom the license is granted, the nation to which he belongs, the district or districts through which he is authorized to pass or the limits within which he is authorized to travel, and the period (if any) during which the license is intended to have effect.

13. The license may be granted subject to such conditions as the President of the Union may direct or as the officer granting the license may deem necessary, and may be revoked at any time by the President of the Union or such officer,

14. If any foreigner travel in or attempt to pass through any part of the Union of Burma without such license as aforesaid, or beyond the districts or limits mentioned therein, or after such license shall have been revoked, or shall violate any of the conditions therein specified, he may be apprehended without warrant by any officer exercising any of the powers of a Magistrate, ¹[* * * *] or by any police-officer.

15. ¹[* * * *] Wherever any person shall be apprehended by or taken before the District Magistrate, such Magistrate shall immediately report the case to the President of the Union and shall cause the person brought before him to be discharged or pending the orders of the President of the Union to be detained.

16. Any person apprehended or detained under the provisions of this Act may be admitted to bail by the District Magistrate, or by any officer authorized to grant licenses, and shall be put to as little inconvenience as possible during his detention in custody.

17. The President of the Union may order any person apprehended or detained under the provisions of this Act to remove himself from any part of the Union of Burma in which all the provisions of this Act are for the time being in force, by sea or by such route as the President of the Union may direct; or the President of the Union may cause him to be removed from any such part of the Union of Burma by such route and in such manner as to the President of the Union shall seem fit.

18. The President of the Union may by order prohibit any person or any class of persons ²[not being citizens of the Union] from traveling in or passing through any part of the Union of Burma in which all the provisions of this Act may, for the time being, be in force, and from passing from any part thereof to another without a license to be granted by such officer or officers as shall be specified in the order ; and, if any person so prohibited shall willfully disobey such order, he may be apprehended without warrant by any of the officers specified in section 14 of this Act, and carried before the District Magistrate, and dealt with under the provisions section 17 in the same manner as if he were a foreigner: and the President of the Union may order such person to be detained in safe custody or under the surveillance of the police so long as it may be deemed necessary for the peace and security of the Union of Burma or any part thereof.

19. * * * *

20. It shall be lawful for the Commissioner of Police, or for the District Magistrate, or for any officer appointed to receive reports as mentioned in the sixth section of this Act, or for any police-officer under the authority of such Commissioner or Magistrate, to enter any vessel in any port or place within the Union of Burma in which all the provisions of this Act may, for the time being, be in force, in order to ascertain whether any foreigner bound to report his arrival under the said section 6 of this Act is on board of such vessel ; and it shall be lawful for such Commissioner of Police, Magistrate or other officer as aforesaid to adopt such means as may be reasonably necessary for that purpose; and the master or commander of such vessels shall also, before any of the passengers are allowed to disembark, if he shall be required so to do by such Commissioner of Police, Magistrate, or other officer as aforesaid, deliver to him a list in writing of the passengers on board, specifying the ports or places at which they embarked, and the ports or places of their disembarkation, or intended disembarkation, and answer to the best of his knowledge all such questions touching the passengers on board the said vessel, or touching those who may have disembarked in any part of the Union of Burma, as shall be put to him by the Commissioner of Police, Magistrate, or other officer as aforesaid. If any foreigner on board such vessel in any part of the Union of Burma shall refuse to give an account of his objects of pursuit in Burma, or if his account thereof shall not be satisfactory, the officer may refuse to allow him to disembark, or he may be dealt with in the same manner as a foreigner traveling in the Union of Burma without a license.

21. If the master or commander of a vessel shall willfully give a false answer to any question which by section 20 of this Act he is bound to answer, or shall make any false report, he shall be held to have committed the offence specified in section 177 of the Penal Code.

22. If the master or commander of any vessel shall willfully neglect or refuse to comply with the requisitions of this Act, he shall, on conviction before the District Magistrate, be liable to a fine not exceeding two thousand rupees.

23. Whoever intentionally obstructs any officer in the exercise of any of the powers vested in him by this Act shall be held to have committed the offence specified in section 186 of the Penal Code.

24. * * * *

25. The President of the Union may exempt any person, or any class of persons, either wholly or partially, or temporality or otherwise, from all or any of the provisions of this Act contained in any of the sections subsequent to section 5, and may at any time revoke any such exemption.

¹26. No suit, prosecution or other legal proceeding shall lie against any person for anything which is good faith done or intend to be done under this Act.
....................................................................................
1. This section was first amended by the Union of Burma (Adaptation of Laws) Order, 1948. and subsequently substituted by Act XLII, 1948.

2. Substituted by Act VIII, 1953.

3. Added by Act VIII, 1953.

4. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

5. Substituted by ibid.

6. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

7. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

8. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

9. Substituted by the same Order.

Burma Code Volume 1: The Myanmar Extradition Act

CONTENTS.

CHAPTER I.

PRELIMINARY.

Sections.
1. * * * *

2. Definitions.

CHAPTER II.

SURRENDER OF FUGITIVE CRIMINALS IN CASE OF FOREIGN STATES.

3. (1) Requisition for surrender.
(2) Summons or warrant for arrest.
(3) Inquiry by Magistrate.
(4) Committal.
(5) Bail.
(6) Magistrate’s report.
(7) Reference to High Court if President thinks necessary.
(8) Warrant for surrender.
(9) Lawfulness of custody and re-taking under warrant for surrender.
(10) Discharge of fugitive criminals committed to prison after two months.

4. (1) Power to Magistrate to issue warrant of arrest in certain cases.
(2) Issue of warrant to be reported forthwith.
(3) Person arrested not to be detained unless order received.
(4) Bail.

5. (1) Power of President to refuse to issue order under section 3 when crime of political character.
(2) Power of Governor to discharge any person in custody at any time.

6. * * * *

CHAPTER III.

SURRENDER OF FUGITIVE CRIMINALS IN CASE OF STATES OTHER

THAN FOREIGN STATES AND BRITISH INDIA.

7. ---- 10. * * * * *

11. (1) Surrender of person accused of, or undergoing sentence for, offence in the Union of Burma.
(2) Suspension of sentence on surrender.

12. Application of Act to convicted persons.

13. Abetment and attempt.

14. -----16.

17. (1) Receipt in evidence of exhibits, depositions and other documents.
(2) Authentication of the same.
(3) Definition of “warrant”.

18. Chapter not to derogate from treaties.

CHAPTER IV.

19. * * * * *

CHAPTER V.

OFFENCES COMMITTED AT SEA.

20. Requisition for surrender in case of offence committed at sea.

CHAPTER VI.

EXECUTION OF COMMISSIONS ISSUED BY CRIMINAL COURTS OUTSIDE THE UNION OF BURMA.

21. Execution of Commissions issued by Criminal Courts in Foreign States.

CHAPTER VII.

SUPPLEMENTAL

22. Power to make rules.

23. Detention of persons arrested under section 54, clause seventhly, Code of Criminal Procedure.

THE FIRST SCHEDULE. -----EXTRADITION OFFENCES.
THE MYANMAR EXTRADITION ACT.

[INDIA ACT XV, 1903.] (1St June, 1904.)

CHAPTER I.

PRELIMINARY.

1. * * * *

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

¹(a) “extradition offence” means any such offence as is described in the schedule:
¹(b) “Foreign State” means a State notified as such by the President of the Union :
¹(c) “fugitive criminal” means any person accused or convicted of an extradition offence committed within the jurisdiction of any Foreign State who is in or suspected of being in some part of the Union of Burma whether or not the offence committed by such person is triable by any Court within the Union :
¹(d) “High Court” means the High Court as defined by the Code of Criminal Procedure for the time being in force.
¹(e) “rules” include prescribed forms:

CHAPTER II.

SURRENDER OF FUGITIVE CRIMINALS IN CASE OF FOREIGN STATES.

3. (I) Where a requisition is made to the President of the Union by the Government of any Foreign State for the surrender of a fugitive criminal of that State, who is in or is suspected of being in the Union of Burma, the President of the Union or may, if he thinks fit, issue an order to any Magistrate who would have had jurisdiction to inquire into the crime if it had been an offence committed within the local limits of his jurisdiction, directing him to inquire into the case.

***FOOT NOTE
1. Clause (a), (e) and (g) were omitted and clause (b), (c) and (f) were re-lettered as clauses (a), (b) and (e) ; clause (b) as re-lettered was substituted and clause (c) inserted by the Union of Burma (Adaptation of Laws) Order, 1948.

(2) The Magistrate so directed shall issue a summons or warrant for the arrest of the fugitive criminal according as the case appears to be one in which a summons or warrant would ordinarily issue.

(3) When such criminal appears or is brought before the Magistrate, the Magistrate shall inquire into the case in the same manner and have the same jurisdiction and powers, as nearly as may be, as if the case were one triable by the Court of Session or High Court, and shall take such evidence as may be produced in support of the requisition and on behalf of the fugitive criminal, including any evidence to show that the crime of which such criminal is accused or alleged to have been convicted is an offence of a political character or is not an extradition offence.

(4) If the Magistrate is of opinion that a Primâ facie case is made out in support of the requisition, he may commit the fugitive criminal to prison to await the order of the President of the Union.

(5) If the Magistrate is of opinion that a Primâ facie case is not made out in support of the requisition, or if the case is one which is bailable under the provision of the Code of Criminal Procedure, the Magistrate may release the fugitive criminal on bail.

(6) The Magistrate shall report the result of his inquiry to the President of the Union and shall forward, together with such report, any written statement which the fugitive criminal may desire to submit for the consideration of the President of the Union.

(7) If the President of the Union is of opinion that such report or written statement raises an important question of law, he may make an order referring such question of law to the High Court, and the fugitive criminal shall not be surrendered until such question has been decided.

(8) If, upon receipt of such report and statement or upon the decision of any such question, the President of the Union is of opinion that the fugitive criminal ought to be surrendered, he may issue a warrant for the custody and removal of such criminal and for his delivery at a place and to a person to be named in the warrant.

(9) It shall be lawful for any person to whom a warrant is directed in pursuance of sub-section (8), to receive, hold in custody and convey the person mentioned in the warrant, to the place named in the warrant, and, if such person escapes out of any custody to which he may be delivered in pursuance of such warrant, he may be re-taken as a person accused of an offence against the law of the Union of Burma may be re-taken upon an escape.

(10) If such a warrant as is prescribed by sub-section (8) is not issued and executed in the case of any fugitive criminal, who has been committed to prison under sub-section (4), within two months after such committal, the High Court may, upon application made to it on behalf of such fugitive criminal and upon proof that reasonable notice of the intention to make such application has been given to the President of the Union, order such criminal to be discharged unless sufficient cause is shown to the contrary.

4. (1) Where it appears to any Magistrate of the first class or any Magistrate specially empowered by the President of the Union in this behalf that a person within the local limits of his jurisdiction is a fugitive criminal of a Foreign State, he may, if he thinks fit, issue a warrant for the arrest of such person, on such information or complaint and on such evidence as would, in his opinion, justify the issue of a warrant if the crime of which, he is accused or has been convicted had been committed within the local limits of his jurisdiction.

(2) The Magistrate shall forthwith report the issue of a warrant under this section to the Governor.

(3) A person arrested on a warrant issued under this section shall not be detained more than two months unless within that period the Magistrate receives an order made with reference to such person under section 3, sub-section (1).

(4) In the case of a person arrested or detained under this section the provisions of the Code of Criminal Procedure relating to bail shall apply in the same manner as if such person were accused of committing in the Union of Burma the crime of which he is accused or has been convicted.

5. (1) If the President of the Union is of opinion that the crime of which any fugitive of a Criminal of a Foreign State is accused or alleged to have been convicted is of character, he may, if he thinks fit, refuse to issue any order under section 3, sub-section (1).

(2) The President of the Union may also at any time stay any proceedings taken under this Chapter and direct any warrant issued under this Chapter to be cancelled and the person for whose arrest such warrant has been issued to be discharged.

¹6. * * * * *

CHAPTER III.

SURRENDER OF FUGITIVE CRIMINALS IN CASE OF STATES OTHER THAN FOREIGN STATES AND INDIA OR PAKISTAN.

¹7. -------10. * * * * *

11. (1) A person accused of an offence committed in the Union of Burma, not being the offence for which his surrender is asked, or undergoing sentence under any conviction in the Union of Burma, shall not be surrendered in compliance with a [requisition made by or on behalf of a Foreign State,]² except on the condition that such person be re-surrendered to the President of the Union on the termination of his trial for the offence for which his surrender has been asked:
Provided that no such condition shall be deemed to prevent or postpone the execution of a sentence of death lawfully passed.
(2) On the surrender of a person undergoing sentence under a conviction in the Union of Burma, his sentence shall be deemed to be suspended until the date of his re-surrender, when it shall revive and have effect for the portion thereof which was un-expired at the time of his surrender.

***FOOT NOTE
1. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.
2. Substituted by the dame Order.

12. The provisions of this Act² with reference to accused persons shall, with any necessary modifications, apply to the case of a person who, having been convicted of an offence in the territories of any Foreign State, has escaped into or is in the Union of Burma before his sentence has expired.

13. Every person who is accused or convicted of abetting or attempting to commit any offence shall be deemed, for the purposes of this Act, ² to be accused or convicted of having committed such offence, and shall be liable to be arrested and surrendered accordingly.

14----16. * * * * *

17. (1) In any proceedings under this Act², exhibits and depositions (whether received or taken in the presence of the person against whom they are used or not) and copies thereof, and official certificates of facts and judicial documents stating facts, may, if duly authenticated, be received as evidence.

(2) Warrants, depositions or statements on oath which purport to have been issued, received or taken by any Court of Justice outside the Union of Burma, or copies thereof, and certificates of, or judicial documents stating the fact of, conviction before any such Court, shall be deemed duly authenticated,—
(a) if the warrant purports to be signed by a Judge, Magistrate, or officer of the State where the same was issued or acting in or for such State:
(b) if the depositions or statements or copies thereof purport to be certified, under the hand of a Judge, Magistrate or officer of the State where the same were taken, or acting in or for such State, to be the original depositions or statements or to be true copies thereof, as the case may require:
(c) if the certificate of, or judicial document stating the fact of, a conviction purports to be certified by a Judge, Magistrate or officer of the State where the conviction took place or acting in or for such State:
(d) if the warrants, depositions, statements, copies, certificates and judicial documents, as the case may be, are authenticated by the oath of some witness or by the official seal of a minister of the State where the same were respectively issued, taken or given.

(3) For the purposes of this section, “warrant” includes ² [a requisition and any other judicial document requiring ] the arrest of any person accused or convicted of an offence.

18. Nothing in this Chapter shall derogate from the provisions of any treaty for the extradition of offenders, and the procedure provided by any such treaty shall be followed in any case to which it applies, and the provisions of this Act shall be modified accordingly.

CHAPTER IV.

¹19. * * * * *

* * * Foot Note
1. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.
2. Substituted by the same Order.

CHAPTER V.

OFFENCES COMMITTED AT SEA.

20. Where the Government of any State outside the Union of Burma makes a requisition for the surrender of a person accused of an offence committed on board any vessel on the high seas which comes into any port of the Union of Burma, the President of the Union and any magistrate having jurisdiction in such port and authorized by the President of the Union in this behalf may exercise the powers conferred by this Act.

CHAPTER VI.

EXECUTION OF COMMISSIONS ISSUED BY CRIMINAL COURTS OUTSIDE
THE UNION OF BURMA.

21. The testimony of any witness may be obtained in relation to any criminal matter pending in any Court or tribunal in ¹ [any Foreign State] in like manner as it may be obtained in any civil matter under the provisions Code of Civil Procedure with respect to commissions, and the provisions of that Code relating thereto shall be construed as if the term “suit” included a criminal proceeding:
¹Provided that this section shall not apply when the evidence is required in respect of an offence of a political character.

CHAPTER VII.

SUPPLEMENTAL.

22. (1) The President of the Union may make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the removal of prisoners accused or in custody under this Act, and their control and maintenance until such time as they are handed over to the persons named in the warrant as are entitled to receive them ;
(b) the seizure and disposition of any property which is the subject of, or required for proof of, any alleged offence to which this Act applies ;
(c) the pursuit and arrest in British Burma by officers of the Government or other persons authorized in this behalf of persons accused - of offences committed elsewhere ; and
(d) the procedure and practice to be observed in extradition proceedings.

(3) Rules made under this section shall be published in the Gazette and shall thereupon have effect as if enacted by this Act.
23. Notwithstanding anything in the Code of Criminal Procedure, any person arrested without an order from a Magistrate and without a warrant, in pursuance of the provisions of section 54, clause seventhly, of the said Code, may, under the orders of a Magistrate within the local limits of whose jurisdiction such arrest was made, be detained in the same manner and subject to the same restrictions as a person arrested on a warrant issued by such Magistrate under section 4².

***FOOT NOTE
1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.
2. Substituted for the figure "10" by the same Order.

THE FIRST SCHEDULE.

EXTRADITION OFFENCES.

[See section 2, clause (b), and Chapter III (Surrender of Fugitive Criminals in case
of States other than Foreign States and British India).]

[The sections referred to are the sections of the Penal Code.]

Frauds upon creditors (section 206).
Resistance to arrest (section 224).
Offences relating to coin and stamps (sections 230 to 263A).
Culpable homicide (sections 299 to 304).
Attempt to murder (section 307).
Thagi (sections 310, 311).
Causing miscarriage, and abandonment of child (sections 312 to 317).
Causing hurt (sections 323 to 333).
Wrongful confinement (sections 347, 348).
Kidnapping and slavery (sections 360 to 373).
Rape and unnatural offences (sections 375 to 377).
Theft, extortion, robbery, etc. (sections 378 to 414).
Cheating (sections 415 to 420).
Fraudulent deeds, etc. (sections 421 to 424).
Mischief (sections 425 to 440).
Lurking house-trespass (sections 443, 444).
Forgery, using forged documents, etc. (sections 463 to 477A).

¹ * * * * *
Piracy by the law of nations.
Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
Assault on board a ship on the high seas with intent to destroy life or to do grievous bodily harm.
Revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master.
Any offence against any section of the Penal Code or against any other law which may, from time to time, be specified by the President of the Union by notification in the Gazette either generally for all States or specially for any one or more States.

***FOOT NOTE
1. omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

Burma Code Volume 1: The Myanmar Passport Act

[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.

Burma Code Volume 1: The Public Accounts Default Act

(INDIA ACT XII, 1850.)
(22nd March, 1850.)

1. Every public accountant shall give security for the due discharge of the trusted of his office for the due account of all moneys which shall come into his possession by reason of his office.

2. In default of any Act having special reference to the office of any public accountant, the security given shall be of such amount and kind, and with such amount and kind, and with such sureties ( regard being had to the nature of the office), as shall be required by any rule made from time to time, by the authority by which each public accountant is a appointed to his office, subject to the approval of the Governor.

3. poses of sections 1 and 2 of this Act the expression "Public accountant" means any person who as Official Assignee or Trustee is entrusted with the receipts, custody or control of any moneys or securities for money, or the d lands belonging to any other person or persons; and for the purpose of sections 4 and 5 of this Act the expression shall also include any person who, by reason of any office held by him in the service of the Government of Burma, is entrusted with the receipt, custody or control of any moneys or securities for money, or management of any lands belonging to the Crown.

4. The person or persons at the head of the office to which any public accountant belongs may proceed against any such public accountant and his sureties for any loss or defalcation in his accounts, as if the amount thereof were an arrear of land-revenue due to Government.

5. All Regulation and Acts for the recovery of arrears of land-revenue due to Government and for recovery of damages by any person wrongfully proceeded a against for any such arrear shall apply, with such changes in the form of procedure as are necessary to make them applicable to the case, to the proceedings against and by such public account.

Burma Code Volume 1: The Registration of Foreigners Act

[BURMA ACT VII, 1940.]
(28th March, 1940.)

1. This Act shall come into force on the 28th March, 1940.

2. In this Act-

(a) "Foreigner" means a foreigner as defined in the Foreigners Act: provided that the following shall not be deemed to be foreigners for the purposes of this Act-

(i) a person duly appointed by a foreign Government to exercise diplomatic functions ; or

(ii) a consul or a vice-consul ;
²[ * * * * *]

(b) “prescribed” means prescribed by rules made under this Act :

(c) “vessel” includes all sea craft, river craft and aircraft.

3. The President of the Union may by notification make rules¹ with respect to foreigners for any or all of the following purposes, that is to say—

(a) for requiring any foreigner entering, or being present in, The Union of Burma to report his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed ;

(b) for requiring any foreigner moving from one place to another place in The Union of Burma to report, on arrival at such other place, his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed ;

(c) for requiring any foreigner who is about to leave The Union of Burma to report the date of his intended departure and such other particulars as may be prescribed to such authority and within such period before departure as may be prescribed ;

(d) for requiring any foreigner entering, being present in, or departing from, The Union of Burma to produce, on demand by a prescribed authority, such proof of his identity as may be prescribed ;

(e) for requiring any person having the management of any hotel, boardinghouse, or any other premises of like nature—

(i) to record particulars of any person residing therein, and

(ii) in the case of foreigners, to report such particulars to such authority as may be prescribed, in accordance with prescribed conditions;

(f) for requiring any person in charge of any vessel or other conveyance to furnish to a prescribed authority such information as may be prescribed regarding any person entering, or intending to depart from, The Union of Burma in such vessel or other conveyance, and to furnish to such authority such assistance as may be necessary or prescribed for giving effect to this Act ; and

(g) generally for carrying out the purposes of this Act.

4. If any question arises with reference to this Act or any rule made thereunder whether any person is or is not a foreigner, or is or is not a foreigner of a particular class of description, the onus of proving that such person is not a foreigner or is not a foreigner of such particular class or description, as the case may be, shall, notwithstanding anything contained in the Evidence Act, lie upon such person.

²5. (1) Any person who contravenes, or attempts to contravene, or fails to comply with, any provision of this Act or of any rule made thereunder shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

(2) A foreigner convicted under sub-section (1) may, in addition to the punishment prescribed in the said sub-section, be deported by an order of the President, or of such authority as may be appointed by him in that behalf.

¹(3) Any foreigner who has been ordered to be deported under sub-section (2) may be apprehended without warrant by any police officer not below the rank of Sub-Inspector and brought before the District Magistrate who shall, by an order in writing, cause the said foreigner to be detained in safe custody pending the completion of arrangements for his removal out of the Union of Burma.

¹ (4) Any foreigner apprehended and detained under the provisions of sub-section (3) may be admitted to bail by the District Magistrate.

¹ (5) Every order of deportation made under sub-section (2) shall remain in force until it is revoked by the President of the Union.

¹ (6) If any foreigner against whom order of deportation has been issued fails to comply with the order in any respect, or having left The Union of Burma re-enters the Union of Burma without the permission in writing of the President of the Union while the order is still in force, he shall be liable to imprisonment for a term which shall not be less than three years or to fine or to both and shall in addition to such penalty be liable to be deported again from the Union of Burma in pursuance of the order.

6. The President of the Union may, by order, ² declare that any or all of the provisions of the rules made under this Act shall not apply, or shall apply only with such modification or subject to such conditions as may be specified in the said order, to or in relation to any individual foreigner or any class or description of foreigners.

7. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

8. The provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Foreigners Act and any other law for the time being in force.

³9. The president of the Union of may, by notification, extend this Act to any area within the Union of Burma, in which it is not already in force.

...........................................................
1. For rules under section 3 of this Act see Burma Gazette, 1948, Part I, p. 1583.
2. Subscribed by Act XXVII, 1952.

Burma Code Volume I: The Pensions Act

(INDIA ACT XXIII, 1871.)
(8th August, 1871.)

I. PRELIMINARY

1-2. * * * *

All rules in regard to the award and payment of pensions or grants of money or land-venue, and the identification of the persons entitled to receive them, made under enactment, shall be deemed to have been made under this Act so far as they are consistent therewith.

3. In this Act, the expression "grant of money or land-revenue" includes anything payable on the part of Government in respect of any right, privilege, perquisite or office.

II. RIGHTS TO PENSIONS.

4. Except as hereinafter provided, no Civil Court shall entertain any suit relating to any pension or grant of money or land-revenue conferred or made by the British or any former Government, whatever may have been the consideration such pension or grant, and whatever may have been the nature of the payment, claim or right for which such pension or grant may have been substituted.

5. Any person having a claim relating to any such pension or grant may prefer such claim to the Collector of the District or Deputy Commissioner or other authorized in this behalf by the Governor; and such Collector, Deputy Commissioner or other officer shall dispose of such claim in accordance with such as the Chief Revenue authority may, subject to the general control of the Governor, from time to time prescribe in this behalf.

6. A Civil Court, otherwise competent to try the same, shall take cognizance such claim upon receiving a certificate from such Collector, Deputy Commissioner or other officer authorized in that behalf that the case may be so tried, but shall not make any order or decree in any suit whatever by which the liability of Government to pay any such pension or grant as aforesaid is affected directly or indirectly.

7. * * * *

III .MODE OF PAYMENT.

8. All pensions or grants by Government of money or land-revenue shall be paid by the Collector or the Deputy Commissioner or other authorized officer, subject to such rules as may, from time to time, be prescribed by the Chief Controlling revenue authority.

9. Nothing in sections 4 and 8 shall affect the right of a grantee of land¬-revenue, whose claim to such grant is admitted by Government, to recover such revenue from the persons liable to pay the same under any law for the time being in force for the recovery of the rent of land.

10. The Governor may, with the consent of the holder, order the whole or any part of his pension or grant of money or land-revenue to be commuted for a lump sum on such terms as may seem fit,

IV. MISCELLANEOUS.

¹11. No pension granted or continued by any Government in British India or by the Government of Burma on political considerations, or on account of past service or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance shall be liable to seizure, attachment or sequestration by process of any Court in British Burma, at the instance of a creditor, for any demand against the pensioner or in satisfaction of a decree or order of any such Court.

12. All assignments, agreements, orders, sales and securities of every kind made by the person entitled to any pension, pay or allowance mentioned in section II, in respect of any money not payable at or before the making thereof, on account of any such pension, pay or allowance, or for giving or assigning any future interest therein, are null and void.

13. Whoever proves to the satisfaction of the Governor that any pension is fraudulently or unduly received by the person enjoying the benefit thereof shall be entitled to a reward equivalent to the amount of such pension for the period of six months.

14. The Chief Controlling Revenue authority may, with the consent of the Governor, from time to time make rules consistent with this Act respecting all or any of the following matters -

(1) the place and times at which, and the person to whom, any pension shall be paid;

(2) inquiries into the identity of claimants;

(3) records to be kept on the subject of pensions;

(4) transmission of such records;

(5) correction of such records;

(6) delivery of certificates to pensioners;

(7) registers of such certificates;

(8) reference to the Civil Court, under section 6, of persons claiming a right of succession to, or participation in, pensions or grants of money or land-revenue payable by Government; and generally for the guidance of officers under this Act.

All such rules shall be published in the Gazette, and shall thereupon have the force of law.

The Burma Code Volume 1: The Constitution Amendment Act, 1951.1

[ACT LXII, 1951.]
(7th November, 1951.)

An Act to amend the Constitution of the Union of Burma.

It is hereby enacted as follows :

1. (1) This Act may be called The Constitution Amendment Act, 1951.

(2) It shall come into force on the date of promulgation except sections 3 and 7 which shall come into force on the date of the dissolution of the Parliament following the first general elections held under section 233 of the Constitution.

2. In section 8 of the Constitution, for the expression "Section 180" the expression "Sections 180 and 181" shall be substituted.

3. In sub-section (1) of section 83 of the Constitution, the last sentence shall be deleted.

4. For the provisions in sections 180 and’ 181 of the Constitution, the following shall be substituted, namely :-
" 180. (1) The territory hitherto known as the Salween District shall form a constituent unit of the Union of Burma and be hereafter known as ‘The Karen State’. It shall also include such adjacent areas occupied by the Karens as may be determined by an Act of Parliament.

(2) All the members of the Parliament representing the Karen State shall constitute the Karen State Council.

(3) Any member of the State Council who shall have ceased to be a member of the Parliament shall be deemed to have vacated his seat in the Council, but may continue to carry on his duties until his successor shall have been elected.
(4) The State Council may recommend to the Parliament the passing of any law relating to any matter in respect of which the Council is not competent to legislate.

(5) When a Bill has been passed by the State Council it shall be presented to the President for his signature and promulgation. The President shall sign the, Bill within one month from the presentation of the Bill, unless he refers the Bill to the Supreme Court for its decision under sub-section (6).

(6) The President may, in his discretion, refer any Bill presented to him under sub-section (5) to the Supreme Court for decision on the question whether such Bill or any specified provision thereof is repugnant to this Constitution.

(7) The Supreme Court, consisting of not less than three judges, shall consider the question referred to it ‘and alter such hearing as it thinks fit, shall pronounce its decision on such question in open Court as soon as may be and in any case not later than thirty days after the date of such reference. The decision of the majority of the judges shall, for the purpose of sub-section (6), be the decision of the Court.

(8) In every case in which the Supreme Court decides that any provision of the Bill, the subject of a reference to the Supreme Court under sub-section (6), is repugnant to this Constitution, the President shall return the Bill to the Slate Council for reconsideration and shall decline to sign it unless the necessary amendments shall have made thereto.

(9) In every other case, the President shall sign the Bill and promulgate the Act as soon as may be after the decision of the Supreme Court shall have been pronounced.

(10) When the President has signed a Bill presented to him under sub section (5) whether without or after a reference to the Supreme Court, the validity of any provision of the Bill shall not be called in question on the ground that it was beyond the competence of t State Council.

(11) The signed text of every Act shall be enrolled for record in the office of the Registrar of the Supreme Court and a copy of the same shall be enrolled for record in the office of the Minister for the Karen State.

(12) The Head of the Karen State may, from time to time, summon and prorogue the State Council:

Provided that there shall be a session of the State Council once at least, in every year so that a period of twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session.

GOVERNMENT OF THE KAREN STATE

181. (1) A member of the Union Government to be known as the Minister for the Karen State shall be appointed by the President on the nomination of the Prime Minister acting in consultation with the Karen State Council from among the members of the Parliament representing the Karen State. The Minister so appointed shall also be the Head of the Karen State for the purpose of this Constitution.

(2) The Head of the State shall be in charge of the administration of the State; that is to say, the executive authority of the State shall be exercised by the Head of the State either directly or through officers subordinate to him.

(3) Without prejudice to the generality of the provisions of sub-section (4), the said executive authority shall extend to all matters relating to recruitment to the Stale civil services, to postings and transfers and to disciplinary matters relating to these services.

(4) Subject to the provisions of this Constitution, the executive authority of the State extends to the matters with respect to which the State Council has power to make laws, and in all such matters the decision of the Council shall be binding on the Head of the State.

(5) The Head of the State shall consult the State Council in all other matters relating to the State.

(6) In order to facilitate the communication of the decisions and the views of the State Council to the Head of the State, the Council shall at its first meeting after a general election elect from among its members or otherwise a Cabinet of State Ministers to aid and advise the Head of the State in the exercise of his functions.

(7) The Head of the State shall give or cause to be given an account of his work to the State Council in each ordinary session, present or cause to be presented to the Council a report upon all matters relating to the State, and recommend for the consideration of the Council such measures as he thinks fit for promoting the general welfare.

(8) The Head of the State shall prepare or cause to be prepared the estimates of the receipts and of the expenditure of the State for each financial year and shall present them or cause them to be presented to the State Council for consideration.

(9) Subject to any conditions that may be imposed by the Union in respect of any contributions from the Union, the State Council shall have power to approve the budget of the State; and in order to enable the President to satisfy himself that the conditions have been duly observed, such budget shall be incorporated in the Union budget.

(10) The provisions of Chapter X of this Constitution shall not apply to the Karen State.

(11) Subject to the provisions of this Constitution all matters relating to the Constitution of the State including those relating to the powers and duties of the Head of the State, of the State Council and of the Cabinet of State. Ministers and their relations to each other and to the Union Government shall be determined by law:

Provided that until the date of the dissolution of the Parliament constituted following the first general elections held tinder section 233 of the Constitution, the Karen State Council shall be constituted with all the members of the Parliament representing Karens.-

5. Section 195 of the Constitution shall be deleted.

6. In sub-section (5) of section 209 of the Constitution, the expression "Karens or" shall be deleted’.

7. In the Second Schedule to the Constitution,-
(i) for clause (e) the following shall be substituted, namely :
" (e) fifteen seats shall be filled by representatives from the Karen State;"
and
(ii) in clause (f) for the words "fifty-three seats" the words "sixty-two seats" shall be substituted.

8. In the Constitution, for the expression "Karenni State" wherever it occurs, the expression "Kayah State" shall be substituted.

The Burma Code Volume 1: The Contempt of Courts Act

(INDIA ACT XII, 1926.)
(1st May, 1926.)

1. * * * *

2. The High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempts Courts subordinate to it as it has and exercises in respect of contempts of itself:

Provided that the High Court shall not take cognizance of a contempt alleged to have been committed in respect of a Court subordinate to it where such contempt is an offence punishable under the Penal Code.

3. Save as otherwise expressly provided by any law for the time being in force, a contempt of Court may be punished with simple imprisonment for a term which may extend to six months, or with fine, which may extend to two thousand rupees or with both:

Provided that the accused .may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the Court:

Provided further that notwithstanding anything elsewhere contained in any law the High Court shall not impose a sentence in excess of that specified in section for any contempt either in respect of itself or of a Court subordinate to it.

The Burma Code Volume 1: The Destruction of Records Act

(INDIA ACT V, 1917.)
(28th February, 1917.)

1-2. * * * *

3. (1) The authorities hereinafter specified may, from time to time, make rules for the disposal, by destruction or otherwise, of such documents as are, in the opinion of the authority making the rules, not of sufficient public value to justify their preservation.

(2) The authorities shall be—

(a) in the case of documents in the possession or custody of the High Court or of the Courts of civil or criminal jurisdiction subordinate thereto,— the High Court ;

(b) in the case of documents in the possession or custody of revenue Courts and officers,— the Financial Commissioner ; and

(c) in the case of documents in the possession or custody of any other public officer,—the Governor or any officer specially authorized in that behalf by the Governor.

(3) Rules made under this section otherwise than by the Governor shall be subject to the previous approval of the Governor.

4. * * * *

5. Nothing in this Act shall be deemed to authorize the destruction of any document in which, under the provisions of any law for the time being in force, is to be kept and maintained.

.........................................................................

1. Provisions like s. 1 of this Act state the existing law at the time of the preparation of the Burma Code.

The Burma Code Volume 1: The Identification of Prisoners Act

[INDIA ACT XXXIII, 1920.]
(9th September, 1920.)

1. * * * *

2. In this Act, unless there is anything repugnant in the subject or context, —
(a) “measurements” include finger impressions and foot-print impressions;
(b) “police officer” means an officer in charge of a police-station, a police officer making an investigation under Chapter XIV of the Code of Criminal Procedure, or any other police officer not below the rank of sub-inspector;
(c) “prescribed” means prescribed by rules made under this Act ; and
(d) “specimen” of a person’s handwriting means such words or figures or both, written by that person, as may be sufficient for the comparison of that person’s handwriting with another.

3. Every person who has been—
(a) convicted of any offence punishable with rigorous imprisonment for a term of one year or upwards, or of any offence which would render him liable to enhanced punishment on a subsequent conviction, or
(b) ordered to give security for his good behaviour under section 118 of the Code of Criminal Procedure, or
(c) ordered to remove himself or cause to be removed from the Union of Burma under section 3 or 17 of the Foreigners Act,
shall, if so required, allow his measurements and photograph to be taken by a police officer in the prescribed manner.

4. Any person who has been arrested in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards shall, if so required by a police officer, allow his measurements to be taken in the prescribed manner.

4A. Any person who has been arrested in connection with an offence punishable with imprisonment for a term of six months or upwards shall, if so required by a police officer, furnish a specimen of his handwriting or signature in the prescribed manner:
Provided that if time person refuses to comply with such requisition he shall be taken before a Magistrate of time first class for an order determining whether, in the circumstances of the case, the requisition is reasonable; and if the Magistrate determines that the requisition is not reasonable, no further action shall be taken.

5. If a Magistrate is satisfied that, for the purposes of any investigation or proceeding under the Code of Criminal Procedure, it is expedient to direct any person to allow his measurements or photograph to be taken or to furnish a specimen of his hand writing or signature, he may make an order to that effect, and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in the order and shall comply with the order:
Provided that no order shall be made directing any person to be photographed or to furnish a specimen of his handwriting or signature except by a Magistrate of the first class:
Provided, further, that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.

6. (1) If any person who under this Act is required to allow his measurements or photograph to be taken resists or refuses to allow the taking of the same, it shall be lawful to use all means necessary to secure the taking thereof.
(2) Resistance to or refusal to allow the taking of measurements or photographs or to furnish a specimen of his handwriting or signature under this Act shall be deemed to be an offence under section 186 of the Penal Code.

7. Where any person who, not having been previously convicted of an offence punishable with rigorous imprisonment for a term of one year or upwards, has had his measurements taken or has been photographed in accordance with the provisions of this Act is released without trial or discharged or acquitted by any Court, all measurements and all photographs (both negatives and copies) so taken shall, unless the Court or (in a case where such person is released without trial) the District Magistrate or Sub-Divisional Officer for reasons to be recorded in writing otherwise directs, be destroyed or made over to him.

8. (1) The President of the Union may make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to time generality of time foregoing provisions, such rules may provide for—
(a) restrictions on the exercise of powers under this Act;
(b) the places at which measurements and photographs may be taken;
(c) the nature of the measurements that may be taken;
(d) the method in which any class or classes of measurements shall be taken;
(e) the dress to be worn by a person when being photographed under section 3;
(f) the preservation, safe custody, destruction and disposal of records of measurements and photographs ; and
(g) the manner in which specimens of handwriting or signatures shall be furnished.

9. No suit or other proceeding shall lie against any person for anything done, or intended to be done, in good faith under this Act or under any rule made.

The Burma Code Volume 1: The Judicial Officers Protection Act

[India Act XVIII, 1850.]
(4th April, 1850.)

For the greater protection of Magistrates and others acting judicially; It is enacted as follows :--

1. No judge, Magistrate, collector or other person acting judicially shall be liable to be sued in any civil Court for any done or order to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction : provided that he at the time, in good faith, believed himself to have jurisdiction to do or order the act complained of : and no officer of any such Judge, Magistrate, Collector or other person acting judicially, shall be liable to be sued in any civil Court for the execution of any warrant or order, which he would be bound to execution of any warrant or order, which he would be bound to execute if within the jurisdiction of the person issuing the same.

The Burma Code Volume 1: The Police Act, 1945

CONTENTS.

Sections.
1. Short title and commencement.

2. Interpretation clause.

3. Constitution of the force.

4. Inspector-General of Police, and Deputy and Assistant Inspectors-General. Superintendence in the Governor.

5. District and Assistant and Deputy Superintendents of Police.

6. Grades of police officer.

7. Appointment, dismissal and posting of Deputy Superintendents.

8. Appointment, dismissal, etc., of police-officers of subordinate ranks.

9. Oaths to be taken by, and certificates to be given to police-officers.

10. Surrender of certificate and equipment.

11. Responsibilities, etc., of police-officers under suspicion.

12. Police-officer not to resign without leave or two months notice, and not engage in other employment.

13. Power of Inspector-General to make rules.

14. Village police officer.

15. Employment of police-officers in any part of the Union of Burma.

16. Authority to be exercised by police-officers.

17. Police officers always on duty and may be employed anywhere.

18. Duties of a police officers.

19. Admission of police officer on duty to places of pubic resort.

20. Police-officers to take charge of unclaimed property, and be subject to Magistrate's order as to disposal.
21. Magistrate may detain property and issue proclamation.

22. Confiscation of property if no claimant appears.

23. Appointment of additional force in the neighbourhood of railway and other works.

24. Additional police-officers employed at cost of individual.

25. Quartering of additional Police in disturbed or dangerous districts.

26. Awarding compensation to suffers from misconduct of inhabitants or persons interested in land.

27. Special police officer.

28. Special police reserve officers.

29. Rule relating to special police reserve officers.

30. Powers of special police and Special police reserve officers.

31. Regulation of public assemblies and processions and licensing of same.

32. Powers with regard to assemblies and processions violating conditions of license.

33. Police to keep order on public roads, etc.

34. Offence on roads and public places.

35. Apprehension and punishment of reputed thieves and others.

36. Penalty for possession of property suspected to be stolen.

37. Power to require security for good behaviour on conviction under section 35 or 36.

38. Power to give prohibition for prevention of disorder.

39. Unlicensed playing of mechanical music in connection with trade or business.

40. Penalty for begging or seeking for alms.

41. Removal of convicted beggars.

42. Penalty for failure to surrender clothing, etc.

43. Penalty for neglect of duty, etc.

44. Obtaining employment or release by false pretences.

45. Penalty for refusing to act as special police-officer, etc.,

46. Penalty for disobeying orders regarding public assemblies, processions, etc.

47. Penalty for contravention of section 34.

48. Penalty for contravention of a prohibition under section 38.

49. Penalty for contravention of section 39.

50. Recovery of moneys payable under section 23, 24, 25 and 26 and disposal of same when recovered.

51. Rewards to police as informers to form part of the revenue of the Union of Burma.

52. Limitation of criminal proceeding.

53. Notice of civil suits.

54. Plea that act was done under warrant.

55. Police-station officers to keep diary.

56. Power to make rules.

57. * * * * *

THE POLICE ACT, 1945
[BURMA ACT VI, 1945.]
(19th March 1946.)

‘WHEREAS it is expedient to amend and re-enact the law relating to the police in order to make it a more efficient instrument for the prevention and detection of crime;
* * * 2 It is hereby enacted as follows: —

CHAPTER I.

PRELIMINARY.

1. (1) This Act may be called the Police Act, 1945.
(2) It shall come into force on such date as the President of the Union may, by notification, direct 3 :

Provided that the President of the Union max’, by notification, direct that all or any of the provisions of this Act shall not apply to any local area specified in the notification:

*** FOOT NOTE
1. Published in Home Department Notification No. 107, dated the 14th August 1945.
2. Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.
3. The Act has been applied to the whole of the Tenasserim area, Sec Home Dept. Notification No. 303, dated the 19th March 1946. Section 34 has been extended to certain towns and local areas, See same Dept. Notification No. 422, dated the 22nd May 1947.
Provided further that the provisions of sections 35 to 41, inclusive, shall extend only to those towns or other local areas to which these sections or any of them are specially extended by the President of the Union by notification 1

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

(i) the word “police” shall include all persons who shall be enrolled under this Act;

(ii) the words “general police-district” shall mean the Union of Burma except any place to which this Act does not extend;

(iii) the word “cattle” shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine;

(iv) the words “District Superintendent” and “District Superintendent of “Police” shall include any Assistant or Deputy Superintendent of Police or other person appointed by general or special order of the President of the Union to perform all or any of the duties of a District Superintendent of Police in any district ;

(v) the word “property” shall include any moveable property, money or valuable security ; and

(vi) references to the subordinate ranks of the police shall be construed as references to members of the police below the rank of Deputy Superintendent.

CHAPTER II.

CONSTITUTION AND REGULATION OF THE POLICE

3. The entire police establishment, except the police Establishment constituted under the Rangoon Police Act, shall, for the purposes of this Act, be deemed to be one police-force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall (subject to the provisions of section 6) be constituted in such manner, and the members of such force shall receive such pay, as shall from time to time be ordered by the President of the Union * * * * 2 .

4. (1) The superintendence and administration of the police throughout the general police-district shall, subject to the control of the President of the Union, * * * 2 be vested in an officer to be styled the Inspector-General of Police.
(2) The President of the Union may appoint so many Deputy Inspectors-General of Police and Assistant Inspectors-General of Police as he may deem fit, to assist the Inspector-General in the superintendence and administration of the Police. Such Deputy and Assistant Inspectors-General shall be subordinate to and under the control of the Inspector-General, and shall exercise and discharge such duties, powers and functions as the President of the Union may, by order, vest in or impose upon them.

5. (1) The administration of the police of each district shall be vested in a District Superintendent of Police, who shall be solely responsible for the administration of the police-force of the district, but in matters affecting the responsibility of the District Magistrate for the peace and good order of the district shall be subject to the control of the District Magistrate.

***FOOT NOTE
1. For a list of towns and local areas to which sections 35 to 41 have been extended, See Home Dept. Notification No. 421, dated the 22nd May 1947.
2. Deleted by the Union of Burma (Adaptation of Laws) Order, 1948.
(2) If any difference of opinion arises between the District Magistrate and the District Superintendent of Police as to whether any matter is or is not a matter affecting the responsibility of the District Magistrate for the peace and good order of the District, the dispute shall be referred by the District Magistrate to the President of the Union, whose decision thereon shall be final.
(3) The President of the Union may appoint in any district one or more Assistant or Deputy Superintendents of Police, as he may deem fit, to assist the District Superintendent of Police in the exercise and discharge of his duties, powers and functions. Such Assistant or Deputy Superintendents shall exercise and discharge such of the duties, powers and functions of the District Superintendent of Police as may be conferred or imposed upon them by general or special order of the Inspector-General, and they shall be subordinate to and under the control of the District Superintendent.
(4) Nothing in this section shall be deemed to authorize the District Magistrate to exercise any control over the internal management and discipline of the police-force.

6. (1) There shall be the following grades of police-officers subordinate to District Superintendents, Assistant Superintendents and Deputy Superintendents, namely

(i) Inspectors;
(ii) Sub-Inspectors;
(iii) Station-writers;
(iv) Head Constables;
(v) Constables.

(2) Each grade of officer mentioned in the list in sub-section (1) shall be of a lower grade than the grade mentioned immediately above it, and shall be subordinate to the grades above it in the said list.

7. (1) The appointment and promotion of Deputy Superintendents of Police shall be made by the President of the Union, who may at any time suspend, reduce, remove or dismiss any Deputy Superintendent whom he thinks remiss or negligent in the discharge of his duty or unfit for the same.
(2) The posting of Deputy Superintendents of Police shall be made by the Inspector-General, subject to the control of the President of the Union.
(8) (1) Subject to the control of the President of the Union, the appointment, promotion and posting of all police-officers of the subordinate ranks shall be made by the Inspector-General, and he may at any time suspend, reduce, remove or dismiss any such police-officer whom he thinks remiss or negligent in the discharge of his duty or unfit for the same; or may award to any such police-officer who discharges his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof, any one or more of the punishments prescribed by rules made under the provisions of sub-section (2).
(2) Subject to the previous approval of the President of the Union the Inspector-General may make rules ; —

(a) prescribing the punishments which may be awarded to a police-officer of the subordinate ranks under sub-section (1);
(b) delegating his powers under sub-section (1), in respect of police-officers of such rank or ranks as may be prescribed, to any police-officer not below the rank of Inspector;
(c) prescribing the procedure to be followed in inquiries into the conduct of police-officers of the subordinate ranks;
(d) prescribing the cases in which and the authorities to whom a police-officer of the subordinate ranks shall be entitled to appeal from an order which is to his disadvantage:
Provided that no such officer shall be entitled to more than one appeal respect of the same Order.

9. Every police-officer appointed under this Act shall make and subscribe an oath according to the form set out in Schedule I to this Act, and shall receive on his appointment a certificate in the form set out in Schedule II under the seal of the Inspector-General, or such other officer as the Inspector-General may appoint in this behalf, by virtue of which the person holding such certificate shall be vested with the powers, functions and privileges of a police-officer.
Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a police-officer.

10. Every person who ceases to be a police-officer shall forthwith deliver up to the District Superintendent of the district in which he is serving at the time when he so ceases to be a police-officer the certificate granted to him under section 9 and the clothing, accoutrements, appointments and other articles which have been supplied to him for the execution of his duty.

11. A police-officer shall not by reason of being suspended from office cease to be a police-officer. During the term of such suspension the powers, functions and privileges vested in him as a police-officer shall be in abeyance, but be shall continue subject to the same responsibilities, discipline and penalties as if he had not been suspended.

12. (1) No police-officer shall be at liberty to withdraw himself from the ¬duties of his office, unless expressly allowed to do so by the District Superintendent or by some other officer authorized by the District Superintendent to grant such permission, or, without the leave of the District Superintendent, to resign his office, unless he shall have served continuously for at least eighteen months in the police-force in the Union of Burma and unless he shall have given to the District Superintendent notice in writing, for a period of not less than two months, of his intention to resign.
(2) No police-officer shall engage in any employment or office whatever other than his duties under this Act, unless expressly permitted to do so in writing by the Inspector-General.

13. The Inspector-General of Police may, from time to time, subject to the approval of the President of the Union, frame such order and rules as he shall deem expedient relative to the organization, classification and distribution of the police-force, the places at which the members of the force shall reside, and the particular services to be performed by them; their inspection, the description of arms, accoutrements and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information ; and all such other orders and rules relative to the police-force as the Inspector-General shall, from time to time, deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties.

14. Nothing in this Act shall affect any village police-officer unless such officer shall be enrolled as a police-officer under this Act. When so enrolled, such officer shall be bound by the provisions of section 16.
No village police-officer shall be enrolled without his consent.

15. Notwithstanding anything contained in this Act or in the Rangoon Police Act, but subject to any general or special orders which the President of the Union may make in this behalf, a member of the police-force of any part of the Union of Burma may discharge the functions of a police-officer in any other part of the Union of Burma, and shall, while so discharging such functions, be deemed to be a member of the police-force of such other part and be vested with the privileges, powers and functions, and be subject to the liabilities, of a member of the police-force of such other part.

CHAPTER III.

POWERS AND DUTIES OP POLICE-OFFICERS.

16. Police-officers enrolled under this Act shall not exercise any authority except the authority provided for a police-officer under this Act and any other law for the time being in force.

17. Every police-officer shall, for all purposes, be considered to be always on duty, and may at any time be employed as a police-officer in any part of the general po1ice-district.

18. It shall be the duty of every police-officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority, and to, take lawful measures —
(i) to collect and communicate intelligence affecting the public peace;
(ii) to prevent the commission of offences and public nuisances;
(iii) to detect and bring offenders to justice;
(iv) to apprehend all persons whom he is legally authorized to apprehend and for whose apprehension sufficient ground exists;
(v) to regulate processions and assemblies in public places;
(vi) to regulate the traffic upon public thoroughfares and remove obstructions therefrom;
(vii) to preserve order and decorum in public places, in places of public resort and in assemblies for public amusements;
(viii) to protect unclaimed or lost property and to find the owners thereof;
(ix) to take charge of and impound stray animals;
(x) to assist in the protection of life and property at fires;
(xi) to protect public property from loss or injury;
(xii) to attend criminal Courts and assist the Magistrates in keeping order therein;
(xiii) to execute warrants of arrest and serve summonses and notices wherever specially directed by a Magistrate to do so.

It shall be lawful for every police-officer, for any of the purposes mentioned in this section, without warrant to enter and inspect any pawnshop, drinking shop, gaming-house or other place of resort of loose and disorderly characters.

19. Police-officers shall in the performance of their duties have free admission to all places of public resort and assemblies for public amusement while open to any section of the public.

20. It shall be the duty of every police-officer to take charge of all unclaimed property, and to furnish an inventory thereof to the District Magistrate, and the shall be guided as to the disposal of such property by such orders as he shall receive from the District Magistrate.

21. (1) The District Magistrate may detain any such property as is referred to in section 20, and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto to appear and establish his right to the same within six months from the date of such proclamation.
(2) The provisions of section 525 of the Code of Criminal Procedure shall be applicable to property referred to in this section.

22. (1) If no person shall within the period allowed claim such property, or the proceeds thereof, if sold, it may, if not already sold under sub-section (2) of the last preceding section, be sold under the orders of the District Magistrate,
(2) The sale-proceeds of property sold under the preceding sub-section, and the proceeds of property sold under section 21, to which no claim is established shall be at the disposal of the Government.

CHAPTER IV.

SPECIAL PROVISIONS FOR ADDITIONAL POLICE AND DISTURBED AREAS.

23. Whenever any railway, canal or other public work, or any manufactory or commercial concern shall be carried on, or be in operation in any part of the Union of Burma, and it shall appear to the Inspector-General that the employment of an additional police-force in such place is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the Inspector-General, subject to the control of the President of the Union, to depute such additional force to such place, and to employ the same so long as such necessity shall continue , and to make orders, from time to time, upon the person having the control or custody of the funds used in carrying on such work, manufactory or concern, for the payment of the extra force so rendered necessary, and such person shall thereupon cause payment to be made accordingly.

24. (1) Subject to the control of the President of the Union, the Inspector-General of Police, and any Deputy Inspector-General or Assistant Inspector-General, may, on the application of any person showing the necessity thereof, depute any additional number of police-officers to keep the peace at any place within the general police-district, and for such time as shall be deemed proper, and such force shall be exclusively under the orders of the District Superintendent of Police of the district in which the said force is serving. Such force shall be at the charge of the person making the application:

Provided that it shall be lawful for the person on whose application such deputation shall have been made, on giving one month’s notice in writing to the Inspector-General, Deputy Inspector-General or Assistant Inspector-General, as the case may be, to require that the police-officers so deputed shall be withdrawn, and such person shall be relieved from the charge of such additional force from the expiration of such notice.
(2) Subject to the control of the District Magistrate, a District Superintendent Police may exercise the powers conferred on the Inspector-General by sub-section (1) within the limits of his district.

25. (1) The President of the Union may, by proclamation to be published in the Gazette and in such other manner as the President of the Union shall direct, declare that any area specified in the proclamation has been found to be in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such area or of any class or section of such inhabitants, it is expedient to increase the number of police.
(2) On the issue of such a proclamation, the Inspector-General of Police, or any other police-officer authorized by the President of the Union in this behalf, may, with the sanction of the President of the Union, employ any police-force in addition to the ordinary fixed complement, to be quartered in the area specified in such proclamation as aforesaid.
(3) Subject to the provisions of sub-section (5) of this section, the cost of such additional police-force shall be borne by the inhabitants of the area specified in the proclamation.
(4) The District Magistrate, after such enquiry as he may deem necessary, shall apportion such cost among the inhabitants who are, as aforesaid, liable to bear the same and who shall not have been exempted under the next succeeding sub-section. Such apportionment shall be made according to the Magistrate’s judgment of the respective means within such area of such inhabitants.
(5) The President of the Union may, by order in writing, exempt any person or class or section of such inhabitants from liability to bear any portion of such cost.
(6) Every proclamation issued under sub-section (1) shall state the period for which it is to remain in force, but it may be withdrawn at any time or con¬tinued from time to time for a further period or periods, as the President of the Union may in each case think fit to direct.

Explanation.— For the purposes of this section and of section 26, inhabitants” shall include persons who themselves or by their agents or servants occupy or bold land or other immovable property within such area, and landlords who themselves or by their agents or servants collect rents direct from tenants or occupiers in such area, notwithstanding that they do not actually reside therein.

26. (1) If, in any area in regard to which any proclamation published under section 25 is in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensued from the misconduct of the inhabitants of such area, or any class or section of them, any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct may make, within one month from the date of the injury or such shorter period as may be prescribed, an application for compensation to the District Magistrate of the district within which such area is situated.
(2) Thereupon the District Magistrate may, with the sanction of the President of the Union, after such enquiry as he may deem necessary, and whether any additional police-force has or has not been quartered in such area under section 25, —

(a) declare the persons to whom injury has been caused by or has ensued from such misconduct;
(b) fix the amount of compensation to be paid to such persons and the manner in which it is to be distributed among them ; and
(c) assess the proportion in which the same shall be paid by the inhabitants of such area (other than the applicant) who shall not have been exempted from liability to pay under sub-section (3):

Provided that the District Magistrate shall not make any declaration or assessment under this sub-section unless he is of opinion that such injury as aforesaid has arisen from a riot or unlawful assembly within such area, and that the person who suffered the injury was himself free from blame in respect of the occurrences which led to such injury.

(3) The President of the Union may, by order in writing, exempt any persons or class or section of such inhabitants from liability to pay any portion of such compensation.
(4) Every declaration or assessment made or order passed by the District Magistrate under sub-section (2) shall be subject to revision by the President of the Union, but save as aforesaid shall be final.
(5) No civil suit shall be maintainable in respect of any injury for compensation has been awarded under this section.

27. When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that police-force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, any police-officer not below the rank of Inspector may apply to the nearest Magistrate to appoint so many of the residents of the neighbourhood as such police-officer may require to act as special police-officers for such time and within such limits as be shall deem necessary; and the Magistrate to whom such application is made shall, unless he sees cause to contrary, comply with the application.

28. (1) The District Magistrate may, on the application of the District Superintendent of Police, appoint so many of the inhabitants of the district as the District Superintendent may require to be special police reserve officers, notwithstanding that a breach of the public peace has not taken place or is not reasonably apprehended:
Provided that no person shall .be appointed as a special police reserve officer against his will.
(2) Every special police reserve officer may be called out by the District Superintendent of the district in which he resides, for training or for the protection of its inhabitants and the security of property therein, and for the general preservation of the public peace therein; but no such officer shall be employed for any other purpose without his consent and the District Magistrate’s permission in writing.

29. The Inspector-General of Police may, subject to the control of the President of the Union, frame such orders and rules as he shall deem expedient relating to the organization, conditions of appointment and service, duties, discipline, arms, accoutrements and clothing of the special police reserve officers appointed under section 28, and generally for the purpose of rendering such officers efficient in the discharge of their duties and for preventing abuse of power or neglect of duty.

30. Every special police-officer appointed under section 27, and every special police reserve officer who has been called out under sub-section (2) of section 28, shall have the same powers, privileges and protection, be amenable to the same penalties, be subordinate to the same officers of police, and be liable to perform the same duties in connection with the preservation of the public peace and the protection of life and property in the district in which he resides, as the ordinary officers of police.

CHAPTER V.

MAINTENANCE OF LAW AND ORDER.

31. (1) The District Superintendent or any Assistant or Deputy Superintendent of Police, may, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public-streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.
(2) The District Superintendent or any Assistant or Deputy Superintendent may also, on being satisfied that it is intended by any persons or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession, which would, in his opinion, be likely to cause a breach of the peace if uncontrolled, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for and obtain a licence.
(3) On such application being made, he may issue a licence specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section.
(4) The District Superintendent or any Assistant or Deputy Superintendent may also regulate, by the issue of a licence or otherwise, the extent to which music may be used in the streets on the occasion of festivals and ceremonies.

32. (1) Any Magistrate or District Superintendent or Assistant or Deputy Superintendent of Police, or Inspector or officer in charge of a police-station, may stop any procession which violates the conditions of a licence granted under section 31 and may order it or any assembly which violates any such condition as aforesaid to disperse.
(2) Any procession or assembly which neglects or refuses to obey any order given under sub-section (1) shall be deemed to be an unlawful assembly.

33. It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares, bathing and landing places, and at all other places of public resort, and to prevent obstruction on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighborhood of places of worship during the time of public worship, and in any case when any road, street, thoroughfare, bathing or landing place may be thronged or may be liable to be obstructed.

34. No person shall, on any road or in any open place or street or thoroughfare within the limits of any local area to which this section has been extended, commit any of the following acts to the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passers-by, namely : —
(1) riding or driving any cattle recklessly or furiously or training or breaking any horse or other cattle;
(2 ) slaughtering any cattle or cleaning any carcass;
(3) wantonly or cruelly beating or torturing any animal;
(4) keeping any cattle or conveyance of any kind standing is required for loading or unloading or for taking up or setting down passengers or leaving any conveyance in such a manner as to cause, any inconvenience or danger to the public;
(5) exposing any goods for sale;
(6) throwing or placing any dirt, filth, rubbish, or any stones or building materials, or constructing any cow-shed, stable or similar structure, or causing any offensive matter to run from any house, factory, dung heap, or other place;
(7) being found drunk or riotous or incapable of taking care of himself, or behaving in a disorderly manner or using any abusive, insulting or obscene words or gestures whereby a breach of the peace or a public nuisance may be caused;
(8) willfully and indecently exposing his person, or any offensive deformity or disease or committing nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for¬ that purpose ; or
(9) neglecting to fence in or duly protect any well, tank or other dangerous place or structure.

35. (a) Any person found armed with any dangerous or offensive instrument whatsoever, who is unable to give a satisfactory account of his reasons for being so armed ;
(b) any reputed thief found between sunset and sunrise remaining or loitering in any bazaar, street, road, yard, thoroughfare or other place, who is unable to give a satisfactory account of himself ;
(c) any person found between sunset and sunrise having his face covered or otherwise disguised, who is unable to give a satisfactory account himself;
(d) any person found within the precincts of any dwelling-house other building whatsoever, or in any back-drainage space, on board any vessel, without being able satisfactorily to account for his presence therein ; and
(e) any person having in his possession, without lawful excuse, any implement of house-breaking,

may be taken into custody by any police-officer without a warrant, and shall be punishable on conviction with imprisonment for a term which may extend to three months.

36. Whoever has in his possession or conveys in any manner anything which may reasonably be suspected to be stolen property, as defined in section 410 of the Penal Code, may be taken into custody by any police-officer without a warrant, and shall, if he fails to account satisfactorily for his possession of the same, be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

37. (1) Whenever any person is convicted of an offence under section 35 or section 36, and it is deemed necessary to require such person to execute a bond for his good behaviour, the convicting Court at the time of passing sentence on such person, or an appellate Court on appeal, or the High Court in exercise of its revisional powers, may order such person to execute a bond, with or without sureties, for his good behaviour during such period not exceeding one year, and for such amount, as it thinks fit to fix:

Provided that —
(i) the amount of such bond shall be fixed with due regard to the circumstances of the case and shall not be excessive ; and
(ii) when the person so convicted is a minor, the bond shall be executed only by his sureties.
(2) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
(3) The provisions of sections 120 to 126A, inclusive, and 514, 514A, 514B, 515 of the Code of Criminal Procedure shall apply in the case of any security so required under this section:
Provided that the imprisonment for failure to give the security so required shall always be rigorous.

38. The District Magistrate may, by an order in writing publicly promulgated or addressed to individuals,—
(a) prohibit the carrying of d has of a kind exempted from the provisions of the Arms Act, bludgeons, loaded-sticks, hunting crops, clasp-knives of a specified size, or other offensive instruments, in any public place;
(b) whenever and for such time as he shall consider necessary for the preservation of the public peace or safety, prohibit —

(i) the carrying, collection and preparation of stones or other missiles or instruments or means of casting or impelling missiles;
(ii) the exhibition of persons or of corpses, or figures or effigies, in any public place; -
(iii) the public utterance of cries, singing of songs and playing of music; and
(iv) the delivery of harangues, the use of gestures or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, placards, or of any other object or thing, when such action, object or thing may be of a nature to outrage morality or decency, or, in the opinion of the District Magistrate, may probably inflame religious animosity or hostility between different classes, or incite to the commission of an offence, to a disturbance of the public peace, or to resistance to or contempt of the law or of any lawful authority.

39. Save as provided by any other law for the time being in force, no person shall, without a licence issued by the District Superintendent of Police or otherwise than in accordance with such conditions as may from time to time be imp3sed by him, play or operate or permit to be played or operated, in furtherance of or in connection with or in pursuance of his trade or business, any mechanical instrument or any device for the production of music or of the sound of the human voice or of other sounds:

Provided that nothing in this section shall apply to the playing or operating of such instruments or devices by professional musicians or actors for the purposes of bonâ fide rehearsals in the pursuance of their profession.

40. Whoever —
(i) begs or applies for alms for himself; or
(ii) seeks for or obtains alms by means of any false statement or pretence, or
(iii) exposes or exhibits any sore, wound, bodily ailment or deformity with the object of exciting charity or of obtaining alms,

shall be punishable with fine which may extend to fifty rupees, or with imprisonment which may extend to one month, or with both.

41. (1) The District Magistrate may direct any person who has been twice convicted of an offence under section 40 to remove himself to such place by such route and within such time as he may prescribe.
(2) If any person so directed under sub-section (1) fails or refuses to remove himself within the time specified, the District Magistrate may cause such person to be arrested and removed in police custody to such place as he may in case direct.
(3) If any person who has been directed to remove himself or has removed under the foregoing sub-sections returns to any place from which be was directed to remove himself or was removed, without the permission in writing of the District Magistrate, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

CHAPTER VI.

PENALTIES.

42. Every person, having ceased to be a police-officer under this who shall not forthwith deliver up the certificate granted to him under section and the clothing, accoutrements, appointments and other articles, which have been supplied to him for the execution of his duty, shall be punishable with fine not exceeding two hundred rupees, or with imprisonment for a which may extend to six months, or with both.

43. Any police-officer who —
(a) shall withdraw himself from the duties of his office contrary to the provisions of sub-section (1) of section 12;
(b) shall engage in any employment or office contrary to the provisions of sub-section (2) of section 12;
(c) being absent on leave shall fail, without reasonable cause, to report himself for duty on the expiry of such leave;
(d) shall be guilty of any violation of duty or willful breach or neglects of any rule or order made by a competent authority;
(e) shall be guilty of cowardice ; or
(f) shall offer any unwarrantable personal violence to any person in his custody;

shall he punishable with imprisonment for a term which may extend to threes months, or with fine not exceeding three months’ pay, or with both.

44. Any person who knowingly makes a false statement or uses a false document for the purpose of obtaining for himself or any other person employment or release from employment as a police-officer shall be punishable with imprisonment for a term which may extend to three months, or with fine not exceeding one hundred rupees, or with both.

45. Any person appointed as a special police-officer, or any special police reserve officer being called out under sub-section (2) of section 28, who, without sufficient excuse, neglects or refuses to act as such, or to obey such rule, order or direction as may be given to him for the performance of his duties, shall be punishable with fine not exceeding fifty rupees for every such neglect, refusal or disobedience.

46. Every person opposing or not obeying any order issued under section 31, 32 or 33, or violating the conditions of any licence granted by a District Superintendent or Deputy or Assistant Superintendent of Police for the use of music, or for the conduct of assemblies and processions, shall be punishable with imprisonment for a term which may extend to three months, or with fine not exceeding two hundred rupees, or with both.

47. Any person committing any act prohibited by section 34 shall be punishable with fine not exceeding fifty rupees or with imprisonment not exceeding eight days; and it shall be lawful for any police-officer to take into custody, without a warrant, any person who within his view commits any of the acts specified in the said section:
Provided that, notwithstanding anything contained in section 65 of the Penal Code any person sentenced to fine under this section may be imprisoned in default of payment of such fine for any period not exceeding eight days.

48. Whoever contravenes a prohibition under section 38 shall be punishable with imprisonment for a term which may extend to three months, or with fine not exceeding one hundred rupees, or with both.

49. Whoever plays or operates, or permits to be played or operated, any mechanical instrument or device, in contravention of the provisions of section 39, shall be punishable with fine not exceeding one hundred rupees, or with imprisonment not exceeding eight days, or with both.

CHAPTER VII.

MISCELLANEOUS.

50. (1) All moneys payable under sections 23, 24, 25 and 26 shall be recoverable by the District Magistrate in the manner provided by sections 386 and 387 of the Code of Criminal Procedure for the recovery of fines, or by suit in any competent Court.
(2) All moneys paid or recovered under sections 23, 24 and 25 shall form part of the revenues of the Union of Burma.
(3) All moneys paid or recovered under section 26 shall be paid by the District Magistrate to the persons to whom and in the proportions in which the same are payable under that section.

51. All sums paid for the service of process by police-officers, and all rewards, forfeitures and penalties, or shares of rewards, forfeitures and penalties, which, by law, are payable to informers shall, when the information is laid by a police-officer, form part of the revenues of the Union of Burma.

52. All criminal proceedings against any person which may be lawfully brought for anything done or intended to be done under the provisions of this Act, or under the general police-powers hereby given, shall be commenced within three months after the act complained of shall have been committed and not otherwise.

53. No suit shall he instituted in any civil Court against any person for anything done or intended to be done under the provisions of, or under the general police powers given by this Act, unless notice in writing of such suit and of the cause thereof shall have been given to the defendant, or to the District Superintendent of Police to whom the defendant is subordinate, one month at least hi the commencement of such suit:
Provided that no suit shall in any case lie where any such person shall been prosecuted criminally for the same act.

54. When any suit or criminal prosecution is brought against any police officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate.
Such plea shall be proved by the production of the warrant directing the act and purporting to be signed by such Magistrate, and the suit shall thereupon be dismissed or the accused shall be discharged, as the case may be, notwithstanding any defect of jurisdiction in the Magistrate who issued the warrant:
Provided always that any remedy which the party may have against authority issuing such warrant shall not be affected by anything contained in section.

55. It shall be the duty of every officer in charge of a police-station to keep a general diary in such form as shall, from time to time, be prescribed by the President of the Union, and to record therein all complaints and charges preferred, the names of complainants, the names of all persons arrested, the offences charged against them and the weapons or property that shall have been taken from their possession or otherwise.
The District Magistrate shall be at liberty to call for and inspect such diary.

56. (1) The President of the Union may make rules to carry into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the President of the Union may make rules to provide for all or any of the following matters, namely :—
(a) directing the submission of such returns by the Inspector-General and other police-officers as to him shall seem proper, and prescribing the forms in which such returns shall be made;
(b) regulating the procedure to be followed by Magistrates and police officers in the discharge of any duty imposed upon them by or under this Act ; -
(c) prescribing the time, manner and conditions within and under which claims for compensation under section 26 are to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local inquiries, if necessary) which are to be taken consequent thereon;
(d) prescribing the form in which general diaries shall be kept; and
(e) prescribing the fee for any licence that may be granted under this Act.
(3) All rules made under this Act shall be published in the Gazette.

57. * * * *

*** FOOT NOTE
1. Deleted by the Union of Burma (Adaptation of Laws) Order, 1948.

SCHEDULE I.

(See section 9.)

I have read (or had read over to me) Chapter III of the Police Act, 1945, and on being appointed*
swear
under the said Act, I do hereby solemnly affirm that I will truly and faithfully

1[maintain the Constitution of the Union] and discharge all powers and duties vested in me faithfully and according to law.

SCHEDULE II.

(See section 9.)

A. B. has been appointed a member of the police-force under the Police Act 1945, and is vested with the powers, functions and privileges, of a police-officer.

The Burma Code Volume 1: The Prisoners Act

CONTENTS.

PART I.

PRELIMINARY.

Sections.
1. * * * *

2. Definitions.

PART II.

GENERAL.

3. Officers in charge of prisons to detain persons duly committed to their custody.

4. Officers in charge of prisons to return writs, etc., after execution or discharge.

PART III.

5—13. * * * *

PART IV.

14. * * * *

15. Power for officers in charge of prisons to give effect to sentences of certain Courts.

16. Warrant of officer of such Court to be sufficient authority.

17. Procedure where officer in charge of prison doubts the legality of warrant sent to him for execution under this Part.

18. * * * *

PART V.

19. --- 27.

PART VI.

REMOVAL OF PRISONERS.

28. * * * *

29. Removal of Prisoners.

30. Lunatic prisoners how to be dealt with.

31. * * * *

PART VII
PERSON UNDER SENTENCE OF TRANSPORTATION.

32. Appointed of places for confinement of persons under sentence of transportation and removal thereto.

PART VIII

DISCHARGE OF PRISONERS.

33. Release, on recognized, by order of High Court, of prisoner recommended for pardon.

PART IX

PROVISION FOR REQUIRING THE ATTENDANCE OF PRISONERS AND OBTAINING THEIR EVIDENCE.
Attendance of Prisoners in Court.

34. * * * *

35. Power for civil Courts to require appearance of prisoner to give evidence.

36. District Judge in certain cases to countersign orders made under section 35.

37. Power for certain criminal Courts to require attendance of prisoner to give evidence or answer to charge.

38. Order to be transmitted through Magistrate of the district or subdivision in which person is confined.

39. Procedure where removal is desired of person confined more than one hundred miles from place where evidence is required.

40. * * * *

41. Prisoner to be brought up.

42. Power to President to exempt certain prisoners from operation of this Part.

43. Officer in charge of prison when to abstain from carrying out order.

Commissions for Examination of Prisoners.

44. Commissions for exanimation of prisoners.

45. * * *

46. Commission how to be directed.

Service of Process on Prisoners.

47. Process how served on prisoners.

48. Process served to be transmitted at prisoner’s request.

Miscellaneous.

49. * * * *

50. Deposit of costs.

51. Power to make rules under this Part.

52. Power to declare who shall be deemed officer in charge of prison.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

THE PRISONERS ACT.
[ INDIA ACT III, 1900. ]
( 2nd February, 1900.)

PART I.

PREI.IMINARY.

1. * * * *

2. In this Act, unless there is anything repugnant in the subject or context,
(a) "Court" includes any officer lawfully exercising civil, criminal or revenue jurisdiction; and

(b) "prison" includes any place which has been declared by the Governor, by general or special order, to be a subsidiary jail.

PART II.

GENERAL.

3. The officer in charge of a prison shall receive and detain all persons duly committed to his custody, under this Act or otherwise, by any Court, according to he exigency of any writ, warrant or order by which such person has been committed, or until such person is discharged or removed in due course of law.

4. The officer in charge of a prison shall forthwith, after the execution of every such writ, order or warrant as aforesaid, other than a warrant of commitment for trial, or after the discharge of the person committed thereby, return such writ, order or warrant to the Court by which the same was issued or made, together with a certificate, endorsed thereon and signed by him, showing how the same has been executed, or why the person committed thereby has been discharged from custody before the execution thereof.

PART III.

5--- 13. * * * *

PART IV.

14. * * * *

¹15. Officer in charge of prisons may give effect to any sentence or order or arrant for the detention of any person passed or issued by any Court or tribunal acting, whether within or without the Union of Burma, under the general or special authority of the President of the Union.

16. A warrant under the official signature of an officer of such Court or tribunal as is referred to in section 15 shall be sufficient authority for holding any person in confinement, or for sending any person for transportation, in pursuance of the sentence passed upon him.

17. (1) Where an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution under this Part, or the competency of the person whose official seal or signature is affixed thereto to pass the sentence and issue the warrant or order, he shall refer the matter to the President of the Union, by whose order on the case he and all other public officers shall be guided as to the future disposal of the prisoner.
(2) Pending a reference made under sub-section (1), the prisoner shall be detained in such manner and with such restrictions or mitigations as may be specified in the warrant or order.

²18. * * * *

***FOOT NOTE
1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.
2. Deleted by the Union of Burma (Adaptation of Laws) Order, 1948.

PART V.¹

¹19. --- 27. * * * *

PART VI.

REMOVAL, OF PRISONERS.

28. * * * *

¹29. * * * *
(2) The President of the Union and (subject to the orders of the President of the Union) the Inspector-¬General of Prisons may, by general or special order, provide for the removal of any prisoner confined as aforesaid in a prison in the Union of Burma to any other prison in the Union of Burma, or to any lunatic asylum in the Union of Burma for the purpose of observation as to the mental condition of any such prisoner.

30. (1) Where it appears to the President of the Union that any person detained or imprisoned under any order or sentence of any Court is of unsound mind, the President of the Union may, by a warrant setting forth the grounds of belief that the person is of unsound mind, order his removal to a lunatic asylum or other place of safe custody within the Union of Burma, there to be kept and treated as the President of the Union directs during the remainder of the term for which he has been ordered or sentenced to be detained or imprisoned, or, if on the expiration of that term it is certified by a medical officer hat it is necessary for the safety of the prisoner or others that he should be further detained under medical care or treatment, then until he is discharged according to law.
(2) Where it appears to the President of the Union that the prisoner has become of sound mind, the President of the Union shall, by a warrant directed to the person having charge of the prisoner, if still liable to be kept in custody, remand him to the prison front which he was removed, or to another prison within the Union of Burma, or, if the prisoner is no longer liable to be kept mi custody, order him to he discharged.
(3) The provisions of section.31 of the Lunacy Act shall apply to every person confined in a lunatic asylum under sub-section (1) after the expiration of the term for which he was ordered or sentenced to be detained or imprisoned; and the time during which a prisoner is confined in a lunatic asylum under that sub-section shall reckoned as part of the term of detention or imprisonment which he may have been ordered or sentenced by the Court to undergo.
¹(4)
31. * * * *

PART VII.

PERSONS UNDER SENTENCE OF TRANSPORTATION.

32. (1) The President of the Union may appoint places within the Union of Burma to which persons under sentence of transportation shall be sent; and the President of the Union, or some officer duly authorized in this behalf by the President of the Union, shall give orders for the removal of such persons to the places so appointed, except when sentence of transportation is passed on a person already undergoing transportation under a sentence previously passed for another offence.

***FOOT NOTE
1. Deleted by the Union of Burma (Adaptation of Laws) Order, 1948.

¹(2) In any case in which the President of the Union is competent under sub-section (1) to appoint places within Union of Burma and to order the removal thereto of persons under sentence of transportation, the President of the Union may appoint such places in any State outside the Union of Burma by agreement with the Government of the State, and may by like agreement give orders or duly authorize some officer to give orders for the removal thereto of such persons.

PART VIII.

DISCHARGE OF PRISONERS.

33. The High Court may, in any case in which it has recommended to ²[the President of the Union] the granting of a free pardon to any prisoner, permit him to be at liberty on his own recognizance.

PART IX.

PROVISIONS FOR REQUIRING THE ATTENDANCE OF PRISONERS AND OBTAINING
THEIR EVIDENCE.

Attendance of Prisoners in Court.

34. * * * *
35. Subject to the provisions of section 39, any civil Court may, if it thinks that the evidence of any person confined in any prison within the local limits of the appellate jurisdiction of the High Court is material in any matter pending before it, make an order in the form set forth in the first schedule, directed to the officer in charge of the prison.

36. (1) Where an order under section 35 is made in any civil matter pending —
(a) in a Court subordinate to tile District Judge, or
(b) in a Court of Small Causes,
it shall not be forwarded to the officer to whom it is directed, or acted upon by him, until it has been submitted to, and countersigned by,—
(i) the District Judge to which the Court is subordinate, or
(ii) the District Judge within the local limits of whose jurisdiction the Court of Small Causes is situate.
(2) Every order submitted to the District Judge under sub-section (1) shall be accompanied by a statement, under the hand of the Judge of the subordinate Court or Court of Small Causes, as the case may be, of the facts which in his opinion render the order necessary, and the District Judge may, after considering such statement, decline to countersign the order.

***FOOT NOTE
1. Amended by the Union of Burma (Adaptation of Laws) Order, 1948.
2. Substituted by ibid.

37. Subject to the provisions of section 39, any criminal Court may, if it thinks that the evidence of any person confined in any prison within the local limits of the appellate jurisdiction of the High Court is material in any matter pending before it, or if a charge of an offence against such person is made or pending, make an order in the form set forth in the first or second schedule, as the case may be, directed to the officer in charge of the prison:
Provided that if such criminal Court is inferior to time Court of a Magistrate of the first class, the order shall be submitted to, and countersigned by, the District Magistrate to whose Court such criminal Court is subordinate or within the local limits of whose jurisdiction such criminal Court is situated.

38. Where any person, for whose attendance an order as in this Part provided is made, is confined in any district other than that in which the Court making or countersigning the order is situate, the order shall be sent by the Court by which it is made or countersigned to the District or Sub-divisional Magistrate within the local limits of whose jurisdiction the person is confined, and that Magistrate shall cause it to be delivered to the officer in charge of the prison in which the person is confined.

39. (1) Where a person is confined in a prison more than one hundred miles distant from the place where any Court, subordinate to the High Court, in which his evidence is required, is held, time Judge or presiding officer of the Court in which the evidence is so required, shall, if he thinks that such person should be removed under this Part for the purpose of giving evidence in such Court, and if the prison is within the local limits of the appellate jurisdiction of the High Court to which such Court is subordinate, apply in writing to the High Court, and the High Court may, if it thinks fit, make an order in the form set forth in the first schedule, direct to the officer in charge of the prison.
(2) The High Court making an order under sub-section (1) shall send it to the District or Sub-Divisional Magistrate within the local limits of whose jurisdiction the person named therein is confined, and such Magistrate shall cause it to be deliver to the officer in charge of the prison in which the person is confined.

40. * * * *

41. Upon delivery of any order under this Part to the officer in charge of the prison in which the person named therein is confined, that officer shall cause him to be taken to the Court in which his attendance is required, so as to be present in the Court at the time in such order mentioned, and shall cause him to be detained in custody in or near the Court until he has been examined or until the Judge or presiding officer of the Court authorizes him to be taken back to time prison in which he was confined.

42. The President of the Union may, by notification in the Gazette, direct that any person or any class of persons shall not be removed from the prison in which he or they may be confined; and thereupon, and so long as such notification remains in force, the provisions of this Part, other than those contained in sections 44 to 46, shall not apply to such person or class of persons.

43. In any of the following cases, that is to say,—
(a) where the person named in any order made under section 35, section 37 or section 39 appears to be, from sickness or other infirmity, unfit to be removed, the officer in charge of the prison in which he is confined shall apply to the District or Sub-divisional Magistrate within the local limits of whose jurisdiction the prison is situate and if such Magistrate, by writing under his hand, declares himself to be of opinion that the person named in the order is, from sickness or other infirmity, unfit to be removed; or
(b) where the person named in any such order is under committal for trial ; or
(c) where the person named in any such order is under a remand pending trial or pending a preliminary investigation ; or
(d) where the person named in any such order is in custody for a period which would expire before the expiration of the time required for removing him under this Part and for taking him back to the prison in which he is confined;
the officer in charge of the prison shall abstain from carrying out the order, and shall send to the Court from which the order has been issued a statement of the reason for so abstaining :
Provided that such officer as aforesaid shall not so abstain where—
(i) the order has been made under section 37 ; and
(ii) the person named in the order is confined under committal for trial, or under a remand pending trial or pending a preliminary investigation, and does not appear to be, from sickness or other infirmity, unfit to be removed; and
(iii) the place, where the evidence of the person named in the order is required, is not more than five miles distant from time prison in which he is confined.

Commissions for Examination of Prisoners.

44. In any of the following cases, that is to say,—
(a) where it appears to any civil Court that the evidence of a person confined in any prison within the local limits of the appellate jurisdiction of the High Court who, for any of the causes mentioned in section 42 or section 43, cannot be removed, is material in any matter pending before it ; or
(b) where it appears to any such Court as aforesaid that the evidence of a person confined in any prison so situate and more than ten miles distant from the place at which such Court is held, is material in any such matter ; or
(c) where the District Judge declines, under section 36, to countersign an order for removal;
the Court may, if it thinks fit, issue a commission, under the provisions of the Code of Civil Procedure, for the examination of the person in the prison in which lie is confined.

45. * * * *

46. Every commission for the examination of a person issued under section 44 shall be directed to the District Judge within the local limits of whose jurisdiction the prison in which the person is confined is situate, and the District Judge shall commit the execution of the commission to the officer in charge of the prison, or to such other person as he may think fit.

Service of Process on Prisoners.

47. When any process directed to any person confined in any prison is issued from any criminal or revenue Court, it may be served by exhibiting to the officer in charge of the prison the original of the process and depositing with him a copy thereof.

48. (1) Every officer in charge of a prison upon whom service is made under section 47 shall, as soon as may be, cause the copy of the process deposited with him to be shown and explained to the person to whom it is directed, and shall thereupon endorse upon the process and sign a certificate to the effect that such person as aforesaid is confined in the prison under his charge and has been shown and had explained to him a copy of the process.
(2) Such certificate as aforesaid shall be Prima facie evidence of the service of the process, and, if the person to whom the process is directed requests that the copy shown and explained to him be sent to any other person and provides the cost of sending it by post, the officer in charge of the prison shall cause it to be so sent.

Miscellaneous.

49. * * * *

50. No order in any civil matter shall be made by a Court under any of the provisions of this Part until the amount of the costs and charges of the execution of such order (to be determined by the Court) is deposited in such Court:
Provided that, if upon any application for such order it appears to the Court to which the application is made that the applicant has not sufficient means to meet the said costs and charges, time Court may pay the same out of any fund applicable to the contingent expenses of such Court, and every sum so expended may be recovered by the Government from any person ordered by the Court to pay the same, as if it were costs in a suit recoverable under the Code of Civil Procedure.

51. (1) The President of the Union may make rules —
(a) for regulating the escort of prisoners to and from Courts in which their attendance is required and for their custody during the period of such attendance ;
(b) for regulating the amount to be allowed for the costs and charges of such escort; and
(c) for the guidance of officers in all other matters connected with the enforcement of this Part.
(2) All rules made under sub-section (1) shall be published in the Gazette, and shall, from the date of such publication, have the same force as if enacted by this Act.

52. The President of the Union may declare what officer shall, for the purposes of this Part, be deemed to be the officer in charge of a prison.

THE FIRST SCHEDULE.

(See sections 35 and 37).

Court of
To the officer in charge of the (state name of Prison).

You are hereby required to produce , now a prisoner in
, under safe and sure conduct before time Court of at
on the day of next by
of the clock in the forenoon of the same day, there to give evidence in a matter now pending before the said Court, and after the said has then
and there given his evidence before the said Court or the said Court has dispensed with his further attendance cause him to be conveyed under safe and sure conduct back to the prison.
The day of
A.B.

(Countersigned) C. D.
THE SECOND SCHEDULE.
(See section 37).

Court of
To the officer in charge of the (state name of Prison).

You are hereby required to produce , now a prisoner in
, under safe and sure conduct before the Court of at

on the day of next by
the clock in the forenoon of the same day, there to answer a charge now pending before the said Court, and after such charge has been disposed of or the said Court has dispensed with his further attendance cause him to be conveyed under safe and sure conduct back to the said prison.
The day of
A.B.
(Countersigned) C. D.

The Burma Code Volume 1: The Prisons Act

CONTENTS.

CHAPTER I.
PRELIMINARY.

Sections.
1-2. * * * *
3. Definitions.

CHAPTER II.
MAINTENANCE AND OFFICERS OF PRISONS.

4. Accommodation for prisoners.
5. Inspector General.
6. Officers of prisons.
7. Temporary accommodation for prisoners.

CHAPTER III.
DUTIES OF OFFICERS.

Generally.

8. Control amid duties of officers of prisons.
9. Officers not to have business dealings with prisoners.
10. Officers not to be interested in prison-contracts.

Superintendent.

11. Superintendent.
12. Records to be kept by Superintendent.

Medical Officer.

13. Duties of Medical Officer.
14. Medical Officer to report in certain cases,
15. Report on death of prisoner,

Jailer.

16. Jailer.
17. Jailer to give notice of death of prisoner.
18. Responsibility of Jailer.
19. Jailer to be present at night.
20. Powers of Deputy and Assistant Jailers.

Subordinate Officers.

21. Duties of gate-keeper.
22. Subordinate officers not to be absent without leave.
23. Convict officers.

CHAPTER IV.
ADMISSION, REMOVAL AND DISCFIARGE OF PRISONERS.

24. Prisoners to be examined on admission.
25. Effects of prisoners.
26. Removal and discharge of prisoners.

CHAPTER V.
DISCIPLINE OF PRISONERS.

27. Separation of prisoners,
28. Association and segregation of prisoners.
29. Solitary confinement.
30. Prisoners under sentence of death.

CHAPTER VI.
FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL PRISONERS.

31. Maintenance of certain prisoners from private sources.
32. Restriction on transfer of food and clothing between certain prisoners.
33. Supply of clothing and bedding to civil and unconvicted criminal prisoners

CHAPTER VII.
EMPLOYMENT OP PRISONERS.

34. Employment of civil prisoners.
35. Employment of criminal prisoners.
36. Employment of criminal prisoners sentenced to simple imprisonment.

CHAPTER VIII.
HEALTH OF PRISONERS.

37. Sick prisoners.
38. Record of directions of Medical Officers.
39. Hospital.

CHAPTER IX.
VISITS OF PRISONERS.

40. Visits to civil and unconvicted criminal prisoners.
41. Search of visitors.

CHAPTER X.
OFFENCES IN RELATION TO PRISONS.

42. Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners.
43. Power to arrest for offence under section 42.
44. Publication of penalties.

CHAPTER XI.
PRISON-OFFENCES.

45. Prison-offences.
46. Punishment of such offences.
47. Plurality of punishments under section 46.
48. Award of punishments under sections 46 and 47.
49. Punishments to be in accordance with foregoing sections.
50. Medical Officer to certify to fitness of prisoner for punishment.
51. Entries in punishment-books
52. Procedure on committal of heinous offence.
53. Whipping.
54. Offences by prison subordinates.

CHAPTER XII.
MISCELLANEOUS.

55. Extramural custody, control and employment of prisoners.
56. Confinement in irons.
57. Confinement of prisoners under sentence of transportation in irons.
58. Prisoners not to be ironed by Jailer except under necessity.
59. Power to make rules.
60. * * * *
61. Exhibition of copies of rules.
62. Exercise of powers of Superintendent and Medical Officer.

The Prisons Act.
(INDIA ACT IX, 1894.)
(1st July, 1894.)

CHAPTER I.

PRELIMINARY.

1-2. * * * *

3. In this Act—

(1) “prison” means any jail or place used permanently or temporarily under the general or special orders of the Governor for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include—

(a) any place for the confinement of prisoners who are exclusively in the custody of the police ;

(b) any place specially appointed by the Governor under section 541 of the Code of Criminal Procedure ; or

(c) any place which has been declared by the Governor, by general or special order, to be a subsidiary jail:

(2) “criminal prisoner” means any prisoner duly committed to custody under the writ, warrant or order of any Court or authority exercising criminal jurisdiction, or by order of a Court-martial

(3) “convicted criminal prisoner” means any criminal prisoner under sentence of a Court or Court-martial, and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure

(4) “civil prisoner” means any prisoner who is not a criminal prisoner :

(5) “remission system” means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentences of, prisoners in jails :

(6) “history-ticket” means the ticket exhibiting such information as is required in respect of each prisoner by this Act or the rules thereunder :

(7) “Inspector General” means the Inspector General of Prisons:

(8) “Medical Subordinate” means an Assistant Surgeon, Apothecary or qualified Hospital Assistant : and

(9) “prohibited article” means an article the introduction or removal of which into or out of a prison is prohibited by any rule under this Act.

CHAPTER II.
MAINTENANCE AND OFFICERS OF PRISONS.

4. The Governor shall provide, for the prisoners in British Burma, accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of the separation of prisoners.

5. An Inspector General shall be appointed for British Burma, and shall exercise, subject to the orders of the Governor, the general control and superintendence of all prisons situated in British Burma.

6. For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordinate, a Jailer and such other officers as the Governor thinks necessary.

7. Whenever it appears to the Inspector General that the number of prisoners in any prison is greater than can conveniently or safely be kept therein, and it is not convenient to transfer than excess number to some other prison, or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners, provision shall be made, by such officer and in such manner as the Governor may direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.

CHAPTER III.
DUTIES OF OFFICERS.

Generally.

8. All officers of a prison shall obey the directions of the Superintendent ; all officers subordinate to the Jailer shall perform such duties as may be imposed on them by the Jailer with the sanction of the Superintendent or be prescribed by rules under section 59.

9. No officer of a prison shall sell or let, nor shall any person in trust for or employed by him sell or let, or derive any benefit from selling or letting, any article to any prisoner or have any money or other business dealings directly or indirectly with any prisoner.

10. No officer of a prison shall, nor shall any person in trust for or employed by him, have any interest, direct or in direct, in any contract for the supply of the prison ; nor shall he derive any benefit directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.

Superintendent.

11. (1) Subject to the orders of the Inspector General, the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.

(2) Subject to such general or special directions as may be given by the Governor, the Superintendent of a prison other than a central prison shall obey all orders not inconsistent with this Act or any rule thereunder which may be given respecting the prison by the District Magistrate, and shall report to the Inspector General all such orders and the action taken thereon.

12. The Superintendent shah keep, or cause to be kept, the following records :

(1) a register of prisoners admitted

(2) a book showing when each prisoner is to be released

(3) a punishment-book for the entry of the punishments inflicted on prisoners-
for prison-offences ;

(4) a visitors’ book for the entry of any observations made by the visitors touching any matters connected with the administration of the prison ;

(5) a record of the honey and other articles taken from prisoners ; and all such other records as may be prescribed by rules under section 59.

Medical Officer.

13. Subject to the control of the Superintendent the Medical Officer shall have charge of the sanitary administration of the prison, and shall perform such duties as may be prescribed by rules made by the Governor under Section 59.

14. Whenever the Medical Officer has reason to believe that the mind of a prisoner is, or is likely to lie, injuriously affected by the discipline or treatment to which lie is subjected, the Medical Officer shall report the case in writing to the Superintendent, together with such observations as lie may think proper.

This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Inspector General for information.

15. On the death of ally prisoner, the Medical Officer shall forthwith record in a register the following particulars, so far as they can be ascertained, namely :—

(1) the day on which the deceased first complained of illness or was observed to be ill,

(2) the labour, if any, on which lie was engaged 0n that day,

(3) the scale of his diet on that day,

(4) the day on which he was admitted to hospital,

(5) the (lay on which the Medical Officer was first informed of tile illness,

(6) the nature of the disease,

(7) when the deceased was last seen before his death by the Medical Officer or Medical Subordinate,

(8) when the prisoner died, and

(9) (in cases where a post-mortem examination is made) an account of the appearances after death, together with any special remarks that appear to the Medical Officer to be required.

Jailer.

16. (1) The Jailer shall reside in the prison, unless the Superintendent permits him in writing to reside elsewhere.

(2) The Jailer shall not, without the Inspector General’s sanction in writing, be concerned in any other employment.

17. Upon the death of a prisoner, the Jailer shall give immediate notice thereof to the Superintendent and the Medical Subordinate.

18. The Jailer shall be responsible for the safe custody of the records to be kept under section 12, for the commitment warrants and all other documents confided to his care, and for the money and other articles taken from prisoners.

19. The Jailer shall not be absent from the prison for a night without permission in writing from the Superintendent; but, if absent without leave for a night from unavoidable necessity, he shall immediately report tile fact and the cause of it to the Superintendent.

20. Where a Deputy Jailer or Assistant Jailer is appointed to a prison, he shall, subject to the orders of the Superintendent, be competent to perform any of the duties, and be subject to all the responsibilities, of a Jailer under this Act or my rule thereunder.

Subordinate Officers.

21. The officer acting as gate-keeper, or any other officer of the prison, may examine anything carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out f the prison, or of carrying out any property belonging to the prison, and, if any such article or property be found, shall give immediate notice thereof to the Jailer.

22. Officers subordinate to the Jailer shall not be absent from the prison without leave from the Superintendent or from the Jailer.

23. Prisoners who have been appointed as officers of prisons shall be deemed to be public servants within the meaning of the Penal Code.

CHAPTER IV.
ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS.

24. (1) Whenever a prisoner is admitted into prison, he shah be searched, and all weapons and prohibited articles shall be taken from him.

(2) Every criminal prisoner shall also, as soon as possible after admission, be examined under the general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to be kept by tile Jailer, a record of the state of the prisoner’s health, and of any wounds or marks on his person, the class of labour he is fit for if sentenced to rigorous imprisonment, and any observations which the Medical Officer thinks fit to add.

(3) In the case of female prisoners the search and examination shall be carried out by the matron under the general or special orders of the Medical Officer.

25. All money or other articles in respect whereof no order of a competent Court has been made, and which may with proper authority be brought into the prison by any criminal prisoner or sent to the prison for his use, shall be placed in the custody of the Jailer.

26. (1) All prisoners, previously to being removed to any other prison, shall be examined by the Medical Officer.

(2) No prisoner shall be removed from one prison to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal,

(3) No prisoner shall be discharged against his will from prison, if labouring under any acute or dangerous distemper, nor until, in the opinion of the Medical Officer, such discharge is safe.
CHAPTER V
DISCIPLINE OF PRISONERS.

27. The requisitions of this Act with respect to the separation of prisoners are as follows —

(1) in a prison containing female as well as male prisoners, the females shall be imprisoned in separate buildings, or separate parts of the same building, in such manner as to prevent their seeing, or conversing or holding any intercourse with, time male prisoners;

(2) in a prison where male prisoners under the age of eighteen are confined, means shall be provided for separating them altogether from the other prisoners and for separating those of them who have arrived at the age of puberty from those who have not ;

(3) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners ; and

(4) civil prisoners shah be kept apart from criminal prisoners.

28. Subject to tile requirements of the last foregoing section, convicted criminal prisoners may be confined either in association or individually in cells or partly in one way and partly in time other.

29. No cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and every prisoner so confined in a cell for more than twenty-four hours, whether as a punishment or otherwise, shall be visited at least once a day by the Medical Officer or Medical Subordinate.

30. (1) Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of, the Jailer and all articles shall be taken from him which the Jailer deems it dangerous or inexpedient to leave in his possession.

(2) Every such prisoner shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the charge of a guard.

CHAPTER VI.
FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL
PRISONERS.

31. A civil prisoner or an unconvicted criminal prisoner shah be permitted to maintain himself, and to purchase or receive from private sources at proper hours food, clothing, bedding or other necessaries, but subject to examination and to such rules as may be approved by the Inspector-General.

32. No part of any food, clothing, bedding or other necessaries belonging to any civil or unconvicted criminal prisoner shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of this section shall lose the privilege of purchasing food or receiving it from private sources, for such time as the Superintendent thinks proper.

33. (1) Every civil prisoner and unconvicted criminal prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing and bedding as may be necessary.

(2) When any civil prisoner has been committed to prison in execution of a decree in favour of a private person, such person, or his representative, shall, within forty-eight hours after the receipt by him of a demand in writing, pay to the Superintendent the cost of the clothing and bedding so supplied to the prisoner; and in default of such payment the prisoner may be released.

CHAPTER VII.
EMPLOYMENT OF PRISONERS.

34. (1) Civil prisoners may, with the Superintendent’s permission, work and follow any trade or profession.

(2) Civil prisoners finding their own implements, and not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings; but the earnings of such as are furnished with implements or are maintained at the expense of the prison shall be subject to a deduction, to be determined by the Superintendent, for the use of implements and the cost of maintenance.

35. (1) No criminal prisoner sentenced to labour or employed on labour at his own desire shall, except on an emergency with the sanction in writing of the Superintendent, be kept to labour for more than nine hours in any one day.

(2) The Medical Officer shall from time to time examine the labouring prisoners while they are employed, and shall at least once in every fortnight cause to be recorded upon the history-ticket of each prisoner employed on labour the weight of such prisoner at the time.

(3) When the Medical Officer is of opinion that time health of any prisoner suffers from employment on any kind or class of labour, such prisoner shall not be employed on that labour but shall he placed on such other kind or class of labour is the Medical Officer may consider suited for him.

36. Provision shall be made by the Superintendent for the employment (as long as they so desire) of all criminal prisoners sentenced to simple imprisonment; but no prisoner not sentenced to rigorous imprisonment shall be punished for neglect of work excepting by such alteration in the scale of diet as may be established by the rules of the prison in the case of neglect of work by such a prisoner.

CHAPTER VIII.
HEALTH OF PRISONERS.

37. (1) The names of prisoners desiring to see the Medical Subordinate or appearing out of health in mind or body shall, without delay, be reported by the officer in immediate charge of such prisoners to the Jailer.

(2) The Jailer shall, without delay, call the attention of the Medical Subordinate to any prisoner desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and shall carry into effect all written directions given by the Medical Officer or Medical Subordinate respecting alterations of the discipline or treatment of any such prisoner.

38. All directions given by the Medical Officer or Medical Subordinate in relation to any prisoner, with the exception of orders for the supply of medicines or directions relating to such matters as are carried into effect by the Medical Officer himself or under his superintendence, shall be entered day by day in the prisoner’s history-ticket or in such other record as the President of the Union may by rule direct, and the Jailer shall make an entry in its proper place stating in respect of each direction the fact of its having been or not having been complied with, accompanied by such observations, if any, as the Jailer thinks fit to make, and the date of the entry.

39. In every prison a hospital or proper place for the reception of sick prisoners shall be provided.

CHAPTER IX.
VISITS TO PRISONERS.

40. Due provision shall be made for the admission, at proper times and under proper restrictions, into every prison of persons with whom civil or unconvicted criminal prisoners may desire to communicate, care being taken that, so far as may be consistent with the interests of justice, prisoners under trial may see their duly qualified legal advisers without the presence of any other person.

41. (1) The Jailer may demand the name and address of any visitor to a prisoner, and, when the Jailer has any ground for suspicion, may search any visitor, or cause him to be searched, but the search shall not be made in the presence of my prisoner or of another visitor.

(2) In case of any such visitor refusing to permit himself to be searched, the Jailer may deny him admission; and the grounds of such proceeding, with the particulars thereof, shall be entered in such record as the President of the Union may direct.

CHAPTER X.
OFFENCES IN RELATION TO PRISONS.

42. Whoever, contrary to any rule under section 59, introduces or removes, or attempts by any means whatever to introduce or remove, into or from any prison, or supplies or attempts to supply to any prisoner outside the limits of a prison, any prohibited article, and every officer of a prison who, contrary to any such rule, knowingly suffers any such article to be introduced into or removed from any prison, to be possessed by any prisoner, or to be supplied to any prisoner outside the limits of a prison, and whoever, contrary to any such rule, communicates or attempts to communicate with any prisoner, and whoever abets any offence made punishable by this section, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six months, or to fine not exceeding two hundred rupees, or to both.

43. When any person, in the presence of any officer of a prison, commits any offence specified in the last foregoing section, and refuses on demand of such officer to state his name and residence, or gives a name or residence which such officer knows, or has reason to believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a Police-officer, and thereupon such police-officer shall proceed as if the offence had been committed in his presence.

44. The Superintendent shall cause to be affixed, in a conspicuous place outside the prison, a notice in English and the vernacular setting forth the acts prohibited under section 42 and the penalties incurred by their commission.

CHAPTER XI.
PRISON-OFFENCES.

45. The following acts are declared to be prison-offences when committed by a prisoner ; —

(1) such willful disobedience to any regulation of the prison as shall have been declared by rules made under section 59 to be a prison-offence;

(2) any assault or use of criminal force;

(3) the use of insulting or threatening language;

(4) immoral or indecent or disorderly behaviour;

(5) wilfully disabling himself from labour;

(6) contumaciously refusing to work;

(7) filing, cutting, altering or removing handcuffs, fetters or bars without due authority;

(8) willful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment;

(9) willful mismanagement of work by any prisoner sentenced to rigorous imprisonment;

(10) willful damage to prison-property;

(11) tampering within or defacing history-tickets, records or documents;

(12) receiving, possessing or transferring any prohibited article;

(13) feigning illness;

(14) willfully bringing a false accusation against any officer or prisoner;

(15) omitting or refusing to report, as soon as it comes to his knowledge, time occurrence of any fire, any plot or conspiracy, any escape, attempt or preparation to escape, and any attack or preparation for attack upon any prisoner or prison-official ; and

(16) conspiring to escape, or to assist in escaping, or to commit any other of the offences aforesaid.

46. The Superintendent may examine any person touching any such offence, and determine thereupon, and punish such offence by—

(1) a formal warning;

Explanation.— A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment¬ book and on the prisoner’s history-ticket ;

(2) change of labour to some more irksome or severe form for such period as may be prescribed by rules made by the President of the Union;

(3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment;

(4) such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the President of the Union;

(5) the substitution of gunny or other coarse fabric for clothing of other material, not being woolen, for a period which shall not exceed three months;

(6) imposition of handcuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the President of the Union;

(7) imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the President of the Union;

(8) separate confinement for any period not exceeding three months;

Explanation.— Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour’s exercise per diem and to have his meals in association with one or more other prisoners;

(9) penal diet,—that is, restriction of diet in such manner amid subject to such conditions regarding labour as may be prescribed by the President of the Union;

Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six consecutive hours, and shah not be repeated except for a fresh offence nor until after an interval of one week;

(10) cellular confinement for any period not exceeding fourteen days :
Provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement;

Explanation.—Cellular confinement means such confinement within or’ without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners ;

(11) penal diet as defined in clause (9) combined with cellular confinement;

(12) whipping, provided that the number of stripes shall not exceed thirty;

Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.

47. (1) Any two of the punishments enumerated in the last foregoing section may be awarded for any such offence in combination, subject to the following exceptions, namely: —

(1) formal warning shall not be combined with any other punishment except, loss of privileges under clause (4) of that section;

(2) penal diet shall not be combined with change of labour under clause (2) of that section, nor shall any additional period of penal diet awarded singly be combined within any period of penal diet awarded in combination with cellular confinement;

(3) cellular confinement shall not be combined with separate confinement, so as to prolong the total period of seclusion to which the prisoner shall be liable;

(4) whipping shall not be combined with any other form of punishment except cellular and separate confinement and loss of privileges admissible under the remission system;

(5) no punishment shall be combined with any other punishment in contravention of rules made by the President of the Union.

(2) No punishment shall be awarded for any such offence so as to combine, with the punishment awarded for any other such offence, two of the punishments which way not be awarded in combination for any such offence.

48. (1) The Superintendent shall have power to award any of the punishments enumerated in the two last foregoing sections, subject, in the case of separate confinement for a period exceeding one month, to the previous confirmation of the Inspector-General.

(2) No officer subordinate to the Superintendent shall have power to award any punishment whatever.

49. Except by order of a Court of Justice, no punishment other than the punishments specified in the foregoing sections shall be inflicted on any prisoner, and no punishment shall be inflicted on any prisoner otherwise than in accordance with the provisions of those sections.

50. (1) No punishment of penal diet, either singly or in combination, or of whipping, or of change of labour under section 46, clause (2), shall be executed until the prisoner to whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly in the appropriate column of the punishment-book prescribed in section 12.

(2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary.

(3) In the latter case he shall state what extent of punishment he thinks the prisoner can undergo without injury to his health.

51. (1) In the punishment-book prescribed in section 12 there shall be recorded, in respect of every punishment inflicted, time prisoner’s name, register number and the class (whether habitual or not) to which he belongs, the prison-offence of which he was guilty, the date on which such prison-offence was committed, the number of previous prison-offences recorded against the prisoner, and the date of his last prison-offence, time punishment awarded, and the date of infliction.

(2) In the case of every serious prison-offence, the names of the witnesses proving the offence shall be recorded, and, in the case of offences for which whipping is awarded, the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor.

(3) Against time entries relating to each punishment the Jailer and, Superintendent shall affix their initials as evidence of the correctness of the entries.

52. If any prisoner is guilty of any offence against prison-discipline which person of his having frequently committed such offences or otherwise, in the opinion of the Superintendent is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46:

Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class: and

Provided also that no person shall be punished twice for the same offence.

53. (1) No punishment of whipping shall be inflicted in installments, or except in the presence of the Superintendent and Medical Officer or Medical Subordinate.

(2) Whipping shall be inflicted within a light ratan not less than half an inch in diameter on time buttocks, and in case of prisoners under the age of sixteen it shall be inflicted, in the way of school discipline, with a lighter ratan.

54. (1) Every Jailer or officer of a prison subordinate to him who shall be guilty of any violation of duty or willful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission or without having given previous notice in writing of his intention for the period of two months, or who shall willfully overstay any leave granted to him, or who shall engage without authority in any employment other than his prison-duty, or who shall be guilty of cowardice, shall be liable, on conviction before a Magistrate, to fine not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months, or to both.

(2) No person shall under this section be punished twice for the same offence.

CHAPTER XII.
MISCELLANEOUS.

55. A prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prison-officer belonging to such prison, shall be deemed to be in prison and shall be subject to all the same incidents as if he were actually in prison.

56. Whenever the Superintendent considers it necessary (within reference either to the state of the prison or the character of the prisoners) for the safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the Inspector-General with the sanction of the President of the Union, so confine them.

57. (1) Prisoners under sentence of transportation may, subject to any rules made under section ¹[59], be confined in fetters for the first three months after admission to prison.

(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector-General for sanction to their retention for the period for which he considers their retention necessary, and the Inspector-General may sanction such retention accordingly.

58. No prisoner shall be put in irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent necessity, in which case notice hereof shall be forthwith given to the Superintendent.

59. The President of the Union may make rules consistent within this Act—

(1) defining the acts which shall constitute prison-offences;

(2) determining the classification of prison-offences into serious and minor offences;

(3) fixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof;

(4) declaring the circumstances in which acts constituting both a prison-offence and an offence under the Penal Code may or may not be dealt with as a prison-offence;

(5) for the award of marks and the shortening of sentences;

(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape;

(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released;

(8) for the classification of prisons, and description and construction of wards, cells and other places of detention;

(9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons;

(10) for the government of prisons and for the appointment of all officers appointed under this Act;

(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own costs;

(12) for the employment, instruction and control of convicts within or without prisons;

(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;

(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;

(15) for regulating the disposal of the proceeds of the employment of prisoners;

(16) for regulating the confinement in fetters of prisoners sentenced to transportation;

(17) for the classification and the separation of prisoners;

(18) for regulating the confinement of convicted criminal prisoners under section 28;

(19) for the preparation and maintenance of history-tickets;

(20 ) for the selection and appointment of prisoners as officers of prisons;

(21) for rewards for good conduct;

(22) for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire;

(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;

(24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;

(25) for the appointment and guidance of visitors of prisons;

(26) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the Code of Criminal Procedure, and to the officers employed, and the prisoners confined, therein;

(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners ; and

(28) generally for carrying into effect the purposes of this Act.

60. * * * *

61. Copies of rules under section 59, so far as they affect the government of prisons, shall be exhibited, both in English and in the vernacular, in some place to which all persons employed within a prison have access.

62. All or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his absence be exercised and performed by such other officer as the President of the Union may appoint in this behalf either by name or by his official designation.