Law

Burma Code

Burma Code Index A

NO.
PARTICULARS
LAWS
LAW
NO.
 
 VOL. 
REMARKS
1
Accidents Act,
Fatal
India Act 13/1855
IX
 
2
Accrual of Interest
(War-Time Adjustment) Act, 1947
11/47
X
Repeal by (Law No. 1/92)
on 19/2/92
3
Acquisition
(Mines) act, Land
India Act 18/1885
X
 
4
Acquisition
Act, land
India Act 1/1894
X
 
5
Adaptation
of Laws Order, 1948, Union of Burma
4/1/48
I
 
6
Administration
of Public Funds Act
India Act 3/43
IX
 
7
Administrator
General's Act
India Act 3/13
XI
 
8
Adoptions Act,
Registration of Kittima
14/39
XI
 
9
Adulteration
Act, Ghee
6/17
IV
Repeal by (Law No. 1/92)
on 19/2/92
10
Agricultural
Debts Moratorium Act, 1947
24/47
X
Repeal by (Law No. 1/92)
on 19/2/92
11
Agricultural
Produce Markets act
17/41
IV
 
12
Agriculturists
Loans Act
India act 12/1884
IV
Repeal by (Law No. 1/92)
on 19/2/92
13
Air Act, Burma
Carriage by
 
VII
 
14
Air Force (Discipline)
Act, Burma
45/47
II
Repeal by (Law No. 43/59)
on 1/7/60.
15
Air Force (Discipline)
Act, Burma Volunteer
3/41
II
Repeal by (Law No. 1/92)
on 19/2/92
16
Aircraft act,
Burma
India Act 22/34
VII
 
17
Alienation Act,
Land
12/39
X
Repeal by (Law No. 1/92)
on 19/2/92
18

Amendment act,
1951, Constitution
62/51
I
 
19
Anand Marriage
act
India Act 7/09
XI
 
20
Ancient Monuments
Preservation Act
India Act 7/04
IV
Repeal by (Law No. 15/57)
on 28/3/57.
21
Animal Pests
Act
9/93
IV
Repeal by (Law No. 17/93
on 25/11/93.
22
Animals Act,
Prevention of Cruelly to
2/30
IV
Repeal by (Law No. 17/93
on 25/11/93.
23
Anti-boycott
act
5/22
I
Repeal by (Law No. 1/92)
on 19/2/92
24
Application
act, 1950, Towns Amendment act
 
XIII
 
25
Application
act, 1951, Primary Education Act
 
XIII
 
26
Application
act, 1952, Urban Rent Control Act
 
XIII
 
27
Apprentices
act
India Act 19/1850
V
Repeal by (Law No. 1/92)
on 19/2/92
28
Arbitration
(Protocol and Convention) Act
India Act 6/37
XI
 
29
Arbitration
Act, 1944
4/44
XI
 
30

Armament Act,
Naval
India Act 7/23
II
 
31

Arms (Temporary
Amendment) Act
51/51
II
 
32

Arms act
India Act 11/1878
II
 
33
Army (Suspension
of Sentences) Act, Burma
 
II
Repeal by (Law No. 43/59)
on 1/7/60)
34
Army Act, Burma  
II
Repeal by (Law No. 43/59)
on 1/7/60
35
Army Act, Tolls India Act 2/01
VII
 
36
Assurance Companies
Act, Life
India Act 6/12
IX
Repeal by (Law No. 4/93)
on 31/3/93.
37
Attorney act,
Powers of
India Act 7/1882
IX
 
38

Auxiliary Force
act, Burma
 
II
 
39
Auxiliary Service
(Burma) Act, Women's
 
II
 
 

Burma Code Index B

NO.
PARTICULARS
LAWS
LAW
NO.
 
 VOL. 
REMARKS
1 Bankers' Books
(Inspection) Act
46/47
II
Repeal by (Law No. 1/92)
on 19/2/92
2 Bankers' Books
Evidence Act
India Act 18/1891
XII
 
3 Banks act, Government
Savings
India Act 5/1873
III
Repeal by (Law No. 5/92)
on 12/6/92.
4 Bar Council
Act
India Act 38/26
XI
 
5 Basket Standardization
Act, Measuring
1/39
V
 
6 Betting Tax
Act
9/28
II
Repeal by (Law No. 1/92)
on 19/2/92
7 Bills of Lading
Act
India Act 9/1856
VII
 
8 Births, Deaths
and marriages Registration Act
India Act 6/1886
IV
Repeal by (Law No. 1/92)
on 19/2/92
9 Births, Deaths
and Marriages Registration Act, 1943
26/43
IV
Repeal by (Law No. 1/92)
on 19/2/92
10 Boilers act India Act 5/23
V
Repeal by (Law No. 3/84)
on 28/3/84.
11 Bonded Warehouses
Act, Inland
India act 8/1896
III
Repeal by (Law No. 1/92)
on 19/2/92
12 Boundaries Act India Act 5/1880
X
 
13 Buildings (Regulation
of Construction and Repair) (Amendment) Act, 1918
 
XIII
 
14 Buildings (Regulation
of Construction and Repair) Act
2/46
IV
Repeal by (Law No. 5/93)
on 1/4/93.
15 Buildings Act,
Government
India Act 4/1899
VI
Repeal by (Law No. 5/93)
on 1/4/93.
16 Burma Agriculturists
Debt Relief act
72/47
X
Repeal by (Law No.4/93)
on 31/3/93
17 Burma Air Force
(Discipline) Act
45/47
II
Repeal by (Law No. 43/59)
on 1/7/60
18 Burma Aircraft
act
India Act 22/34
VII
 
19 Burma Army (Suspension
of Sentences) Act
 
II
Repeal by (Law No. 43/59)
on 1/7/60
20 Burma Army Act  
II
Repeal by (Law No. 43/59)
on 1/7/60
21
Burma Auxiliary
Force Act
 
II
 
22 Burma Carriage
by Air Act
India Act 20/34
VII
 
23 Burma Carriage
of Goods by Sea Act
India Act 26/25
VII
 
24 Burma Census
Act
5/40
IV
Repeal by (Law No. 1/720
on 28/4/72.
25 Burma Companies
Act
India Act 7/13
IX
 
26 Burma Copyright
Act
India Act 3/14
X
 
27 Burma Divorce
Act
India Act 4/1869
XI
 
28
Burma Excise Act
5/17
III
 
29
Burma Extradition
Act
India Act 15/03
I
 
30 Burma General
Clauses Act
1/1898
I
Repeal by The 1973 Interpretation
of Expressions Law (Law No. 22/73) on 5/12/73
31 Burma Immigration
(Emergency Provisions) (Extension) Act, 1949
25/49
XIII
 
32
Burma Immigration
(Emergency Provisions) Act
31/47
I
 
33 Burma Income-tax
Act
India Act 11/22
III
Repeal by (Law No. 1/92)
on 19/2/92
34 Burma Indemnity
and Validating Act, 1945
18/45
I
Repeal by (Law No. 1/92)
on 19/2/92
35 Burma Insolvency
Act
India Act 5/20
XI
 
36 Burma Saving
act
30/45
IV
Repeal by (Law No. 1/92)
on 19/2/92
37 Burma Land Purchase
Act
14/41
X
Repeal by (Law No. 1/92)
on 19/2/92
38 Burma Laws (Adaptation)
Act
27/40
I
Repeal by (Law No. 1/92)
on 19/2/92
39 Burma Lighthouse
Act
2/37
VII
 
40 Burma Medical
Act
1/15
IV
Repeal by (Law No. 54/57)
on 21/10/57.
41 Burma Medical
Degrees Act
India Act 7/16
IV
 
42 Burma Merchandise
Marks Act
India Act 4/1889
V
 
43 Burma Merchant
Shipping Act
India Act 21/23
VII
 
44 Burma Military
Nursing Service Act
26/45
II
Repeal by (Law No. 1/92)
on 19/2/92
45 Burma Motor Vehicles
Act
India Act 8/14
VII
Repeal by (Law No. 17/64)
on 1/2/65.
46 Burma Naval Discipline
Act
81/47
I
Repeal by (Law No. 43/59)
on 1/7/60
47 Burma Naval Volunteer
Reserve (Discipline) Act
15/40
II
Repeal by (Law No. 1/92)
on 19/2/92
48
Burma Official
Secrets Act
India Act 19/23
II
 
49
Burma Passport
Act
India Act 34/20
I
 
50 Burma Patents
and Designs (Emergency Provisions) Act, 1946
1/46
X
 
51 Burma Patents
and Designs act, 1945
5/45
X
Repeal by (Law No. 4/93)
on 31/3/93
52 Burma Post Office
Act
India Act 6/1898
VII
 
53 Burma Registration
of Ships Act
India Act 10/1841
VII
 
54
Burma Reserve
Forces Act
 
II
 
55 Burma Ruby Regulation,
Upper
Regulation 12/1887
V
Repeal by (Law No. 8/94)
on 6/9/94.
56 Burma Salt Act  
III
 
57 Burma Small Cause
Courts Act
9/1887
I
Repeal by (Law No. 13/74)
on 26/11/74
58 Burma Stamp (Amendment)
(Validating) Act
19/47
III
Repeal by (Law No. 1/92)
on 19/2/92
59
Burma Stamp Act
India Act 2/1899
III
 
60 Burma Telegraph
Act
India Act 13/1885
VII
 
61
Burma Territorial
Force Act
 
II
 
62 Burma Volunteer
Air Force (Discipline) Act
3/41
I
Repeal by (Law No. 1/92)
on 19/2/92
63 Burma Wireless
Telegraphy Act
India Act 17/33
VII
 

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 [email protected] 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.

The Burma Code Volume 1: The Public Servants Inquiries Act

(INDIA ACT XXXVII, 1850.)
(1st November, 1850.)

1. * * * *

2. Wherever the Governor shall be of opinion that there are good grounds for making a formal and public inquiry into the truth of any imputation of misbehavior by any person in the service of the Crown not removable from his appointment without the sanction the Governor, he shall cause the substance of the imputations to distinct articles of charge, and shall order a formal and public inquiry and into the truth thereof.

3. The Inquiry may be committed either to the Court, Board or other authority to which person accused is subordinate, or to any other person or persons, to be specially appointed by the Governor commissioners for the purpose: notice of which commission shall be given to the person accused ten days at least before the beginning of the inquiry.

4. When the Governor shall think fit to conduct the prosecution, he shall nominate some person to conduct the same on his behalf.

5. When the charge shall be brought by an accuser, the Governor shall require the accusation to be reduced to writing, and verified by the oath or solemn affirmation of the accuser; and every person who shall willfully and maliciously make any false accusation under this Act, upon such oath or affirmation, shall be liable to the penalties of perjury, but this enactment shall not be construed to prevent Governor from instituting any inquiry which he shall think fit, without such ace accusation on oath or solemn affirmation as aforesaid.

6. Where the imputations shall have been made by an accuser, and the Governor shall think fit to leave to him the conduct of the prosecution, the Governor before appointing the commission shall require him to furnish reasonable security that he will attend and prosecute the charge thoroughly and effectually, and also will be forthcoming to answer any counter-charge or action which may be afterwards brought against him for malicious prosecution or perjury or subornation of perjury as the case may be.

7. At any subsequent stage of the proceedings, the Governor may, if he think fit, abandon the prosecution, and in such case may, if he think fit, on the application of the accuser, allow him to continue the prosecution, if lie is desirous of so doing on his furnishing such security as is hereinbefore mentioned.

8. The commissioners shall have the same power of punishing contempt and obstructions to their proceedings as is given to civil and criminal Courts by the Code of Criminal Procedure, and shall have the same powers for the summons of witnesses, and for compelling the production of documents, and for the discharge of their duty under the commission, and shall be entitled to the same protection as the District Judge, except that all process to cause the attendance of witness or other compulsory process, shall be served through and executed in Rangoon by the Court of Small Causes and elsewhere by the District Court in whose jurisdiction the witness or other person resides, on whom the process is to be served. When the commission has been issued to a Court, or other person or persons having power issue such process in the exercise of their ordinary authority, they may also use all such power for the purposes of the commission.

9. All persons disobeying any lawful process issued as aforesaid for the purposes of the commission shall be liable to the same penalties as if the same had issue originally from the Court or other authority through whom it is executed.

10. A copy of the articles of charge, and list of the documents and witnesses by which each charge is to be sustained, shall be delivered to the person accused at least three days before the beginning of the inquiry, exclusive of the day of delivery and the first day of the inquiry.

11. At the beginning of the inquiry the prosecutor shall exhibit the articles of charge to the commissioners, which shall be openly read, and the person accused shall thereupon be required to plead "guilty" or "not guilty" to each of them, which pleas shall be forthwith recorded with the articles of charge. If the person accused refuses, or without reasonable cause neglects, to appear to answer the charge either personally or by his counsel or agent, he shall be taken to admit the truth of the articles of charge.

12. The prosecutor shall then be entitled to address the commissioners in of the articles of charge, and of the evidence by which they are to be proved: his address shall not be recorded.

13. The oral and documentary evidence for the prosecution shall then exhibited: the witnesses shall be examined by or on behalf of the prosecutor and may be cross-examined by or on behalf of the person accused. The prosecutor shall be entitled to re-examine the witnesses on any points on which they have been cross-examine, but not on any new matter without leave of the commissioners, who also may put such questions as they think fit.

14. If it shall appear necessary before the close of the case for the prosecution, the commissioners may in their discretion allow the prosecutor to exhibit evidence not included in the list given to the person accused, or may themselves call for new evidence; and in such case the person accused shall be entitled to have, if he demand it, an adjournment of the proceedings for three clear days before the exhibition of evidence exclusive of the day of adjournment and of the day to which the proceedings are adjourned.

15. When the case for the prosecution is closed, the person accused shall be required to make his defence, orally or in writing, as he shall prefer. If made orally, it shall not be recorded; if made in writing, it shall be recorded, after being and in that case a copy shall be given at the same time to the prosecutor.

16. The evidence for the defence shall then be exhibited, and the witnesses examined, who shall be liable to cross-examination and re-examination and to examination by the commissioners according to the like rules as the witnesses for the prosecution.

17. * * * *

18. The commissioners or some person appointed by them shall take notes in English of all the oral evidence, which shall be read aloud to each witness by whom the same was given, and, if necessary, explained to him in the language in which was given, and shall be recorded with the proceedings.

19. If the person accused makes only an oral defence, and exhibits no evidence, the enquiry shall end with his defence; if he records a written defence, or exhibits evidence, the prosecutor shall be entitled to a general oral reply on the whole case, and may also exhibit evidence to contradict any evidence exhibited for the defence,in which case the person accused shall not be entitled to any adjournment of the proceedings although such new evidence were not included in the list furnished to him.

20. When the commissioner shall be of opinion that the articles of charge of any of them are not drawn with. sufficient clearness and precision, the commissioners may their discretion, require the same to be amended, and may thereupon, on the application of the person accused, adjourn the inquiry for reasonable time. The commissioners may also, if they think fit, adjourn the inquiry from time to time on the application of either the prosecutor or the person accused, on the ground of sickness or unavoidable absence of any witness or other reasonable cause. When application is made and refused, the commissioners shall record the application, their reasons for refusing to comply with it.

21. After the close of the inquiry the commissioners shall forthwith report to the Governor their proceedings under the commission, and shall send with the record thereof their opinion upon each of the articles of charge separately, with such observations as they think fit on the whole case.

22. The Governor, on consideration of the report of the commissioners order them to take further evidence, or give further explanation of their opinions. He may also order additional articles of charge to be framed, in which case the inquiry into the truth of such additional articles shall be made in the same manner as is herein directed with respect to the original charges. When special commissioners have been appointed, the Governor may also, if he thinks fit, refer the report of the commissioners to the Court or other authority to which the person accused is sub-ordinate, for their opinion on the case; and will finally pass such orders thereon as appear just and consistent with his powers in such cases.

23-24. * * * *

25. Nothing in this Act shall be construed to affect the authority of the Governor for suspending or removing any public servant for any cause without an inquiry under this Act.¹

The Burma Code Volume 1: The Union Military Police Act

[BURMA ACT II, 1948.]
(2nd January, 1948.)

It is hereby enacted as follows : -

PART I.

1. This Act may be called the Union Military Police Act.

2. It shall come into force on such date as the President of the Union may, by notification, direct.

3. This Act applies to the Union Military Police Force and persons attached to, employed with or following, the Force, wherever they may be.

SUPERINTENDENCE AND COMMAND.

4. The superintendence and general administration of the Force shall be exercised subject to the control of the President of the Union by the Inspector¬ General of Police.

5. The President of the Union may appoint so many officers as he may deem fit, to assist the Inspector-General in the superintendence and administration of the Force. Such officers 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 by order, vest in or impose upon them.

6. Except as respects magisterial powers, orders passed by any as authority under this Act shall be subject to revision by such other authority as the President of the Union may by rule or order prescribe.

7. The President of the Union may invest any officers of the Force with any or all of the powers of the Police and may define the circumstances in which such powers may be exercised. As respects the exercise of such powers every officer shall have the privileges and protection afforded by law to police officer.

MEMBERS OF THE FORCE.

8. The term “ Member of the Force” shall mean any person who is enrolled under this Act and is a rifleman or a public follower or a Non-Commissioned Officer of the rank of Lance-Corporal, Corporal or Sergeant or of the rank of Warrant Officer I or Warrant Officer II.

ENROLMENT.

9. Any person who is qualified for enrolment in the Force in accordance with such conditions as the President of the Union may prescribe may apply to Commandant, or any other enrolling officer appointed for this purpose by the Inspector-General, to be enrolled as a member of the Force subject to provisions of this Act.

10. The enrolment paper shall be in a form prescribed by the President the Union setting forth -

(a) questions (to which the answers of the applicant shall be recorded) ascertaining the qualifications of the applicant, and

(b) a statement (to be read and explained to the applicant and signed by him) that, on enrolment, the applicant will become a member of the Force and will be subject to the provisions of this Act, that he will be, liable for service in the Union of Burma and adjacent countries, and that he will not be entitled to obtain his discharge from the Force for three years, or if on active service, or if the members of the Force are for the time being less than nine-tenths of the sanctioned strength.

11. (1) The applicant for enrolment shall present himself to the enrolling officer.

(2) The enrolling officer (after warning the applicant of the punishment provided by this Act for the offence of giving false answers on enrolment) shall put to the applicant each question on the enrolment paper and record on the paper the answer to each question and (if satisfied that the applicant is qualified for enrolment) shall read and explain (or cause to be read and explained) to the applicant the statement on the enrolment paper.

(3) The enrolling officer shall take the signature of the applicant on the enrolment paper as assenting thereto, and shall authenticate the entries in the prescribed manner; and shall inform the applicant that he has become a member of the Force.

12. Notwithstanding the foregoing provisions, every person who has for the space of six months been in receipt of Union Military Police pay and been borne on the rolls of any Union Military Police battalion, shall be deemed to have been duly enrolled in the Union Military Police as from the date on which his name was first borne on the rolls.

13. A member of the Force shall not be entitled to obtain his discharge for three years from the date of enrolment and in the case of Specialist personnel five years from the date of enrolment.

14. (1) At any time after the expiration of his period of service, any member of the Force who is not on active service shall, on application in routine manner, be entitled, after the expiration of two months from the date of application, to be discharged by the Commandant of his unit unless the members of the unit have fallen below nine-tenths of the sanctioned strength.

(2) Any member of the Force who is not on active service may be discharged at any time by the Inspector-General.

14A. No member of the Force or person attached to or employed with the Force shall, during a period of war, be entitled to claim his discharge.

GENERAL PROVISION.

15. No member of the Force may accept or hold any employment or office other than under this Act except with the written permission of the Inspector-General.

16. The Inspector-General of Police shall make rules (subject to the approval of the President of the Union) for the subdivision into grades of any of the ranks mentioned in section 8 and for the promotion and appointment to any of such ranks.

17. (1) Orders and rules may be issued and made by the Inspector-General of Police (subject to the approval of the President of the Union) relating to-

the places at which members of the Force shall reside, and the particular services to be performed by them, the description of arms, accoutrements and other necessaries to be furnished to them, and their inspection,

the collection and communication of information by members of the Force, and
the efficiency of the Force and preventing neglect of duty or abuse of powers.

(2) Orders and rules may be issued and made by the President of the Union relating to -

the pay, allowances, pension, leave and- other conditions of service of the personnel of the Force,

the organization, classification and distribution of the Force,

the employment of the Force on military service, and

the operation of military law in the case of personnel of the Force serving with any military force.

ESTATES OF DECEASED.

18. The provisions of the Disposal of Police Officers’ Estates Act shall apply to the estates of persons serving in the Force.
POLICE POWERS.

19. (1) Every member of the Force (except public followers) shall have the powers of a police officer appointed under section 8 of the Police Act, 1945, and shall, in the exercise of such powers, have the privileges and protection afforded by law to police officers.

(2) Orders and rules relating to the exercise of police-powers by members the Force may be issued and made by the Inspector-General, subject to the approval of the President of the Union.

COLLECTIVE FINES.

20. Whenever any weapon or part of a weapon farming part of the equipment of a company, garrison of a post, or other unit is lost or stolen, the Inspector General may, on the report of a Court of Enquiry, impose a collective fine on the members of the Force composing such unit or upon such of them as, in his judgment, should be held responsible for such loss or theft.

PART II.

UNION MILITARY POLICE DISCIPLINE.

21. This part applies (where appropriate) to every member of the Force and every person, who, on active service, in camp, on the march or at any post specified by the President of the Union in this behalf, is employed with or following any portion of the Force.

22. (a) “Active service”, as applied to a person subject to this Act, means the time during which such person is attached to, or forms part of, a force which is engaged in operations against any enemy, or is engaged in military operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or is in military occupation of any foreign country; it also includes service at an outpost other than an outpost in permanent occupation;

(b) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of a person subject to this Act to act ;

(c) the expressions “assault”, “criminal force”, “fraudulently”, “reason to believe” and “voluntarily causing hurt” have the meanings assigned to them, respectively, in the Penal Code;

(d) “superior officer” as respects any member of the Force includes any person of higher rank in the Police, and as respects any member of the Force other than a rifleman includes any member of the Force of longer service or higher grade in the same rank.

23. (1) A Commandant, or an officer of the Force commanding a separate detachment or an outpost or in temporary command at the headquarters of a district or battalion during the absence of the aforesaid officers may, without an order from a Magistrate and without a warrant, cause to be arrested any person subject to this Act who has been concerned in any offence under this Act or against whom reasonable complaint has been made or credible information has been received or reasonable suspicion exists of having been so concerned, and ¬may cause the person so arrested to be confined in the quarter-guard or such other place as he may consider suitable.

(2) For the purpose of the detention of the person arrested and investigation of a case punishable on conviction under this Act the member of the Force for the time being in immediate charge of the place or station where the person arrested is detained in Force custody shall, except in cases speedily disposed of under section 43 or 44, be deemed to be an officer in charge of a police-station acting under the Code of Criminal Procedure and shall be bound by the provisions of sections 61, 62 and 167 of that Code.

(3) Notwithstanding anything Contained in the Code of Criminal Procedure, no officer or Court shall be bound to release on bail any person arrested and confined under the powers conferred by this section.

24. (1) The Inspector-General, Commandants and officers officiating in such appointments shall have the powers of a Magistrate of the first class and may try any offences under this Act; provided that the President of the Union may impose limits upon the exercise of such powers.

(2) The President of the Union may invest any officers of the Force with like powers.

(3) Where an offence under this Act is committed at any place outside the Union of Burma and cannot adequately be dealt with at that place the offender shall, on return to the Union of Burma, be dealt with by the appropriate court in the Union of Burma having local jurisdiction at the place to which he returns.

OFFENCES PUNISHABLE ON TRIAL AND CONVICTION.

25. Any person subject to this Act who commits any of the following offences, that is to say,—
(a) shamefully abandons or delivers up any garrison, fortress, post or guard committed to his charge, or which it is his duty to defend ; or

(b) in presence of an enemy, shamefully casts away his arms or ammunition, or intentionally uses words or any other means to induce any person subject to Military or Union Military Police law to abstain from acting against the enemy, or to discourage such person from acting against the enemy, or misbehaves in such a manner as to show cowardice ; or

(c) directly or indirectly holds correspondence with, or communicates intelligence to, the enemy, or any person in arms against the State, or who, coming to the knowledge of any such correspondence or communication, omits to disclose it immediately to his commanding or other superior officer; or

(d) treacherously makes known the watch-word to any person not entitled to receive it; or

(e) directly or indirectly assists or relieves with money, victuals or ammunition, or knowingly harbors or protects any enemy or person in arms against the State; or

(f) in time of war or during any military operation, intentionally occasions a false alarm in action, camp, garrison or quarters, or spreads reports calculated to create alarm or despondency ; or

(g) being a sentry in time of war or alarm, or over any prisoner, treasure, magazine or dockyard, sleeps upon his post, or quits it without being regularly relieved or without leave; or

(h) in time of action, leaves his commanding officer or his post or party to go in search of plunder; or

(i) in time of war, quits his guard, piquet, party or patrol, without being regularly relieved or without leave; or

(j) in time of war or during any military operation, uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to the camp or quarters of any part of the forces, or forces a safe, or guard, or breaks into any house or any other place for plunder, or plunders, injures or destroys any field, garden or other property of any kind;

shall, on conviction, be liable to suffer transportation which may extend to life, or such less punishment as is provided in this Act.

26. Any person subject to this Act who commits any of the following offences, that is to say,—

(a) strikes, or forces or attempts to force, any sentry ; or

(b) in time of peace, intentionally occasions a false alarm in camp, garrison or cantonment; or

(c) being a sentry, or on guard, plunders or willfully destroys or injures any property placed under charge of his guard; or

(d) being a sentry, in time of peace, sleeps upon his post, or quits it without being regularly relieved or without leave;

shall, on conviction, be punished with imprisonment, which may extend to two years, or with such less punishment as is provided in this Act.

27. Any person subject to this Act who commits any of the following offences, that is to say, —

(a) begins, excites, causes or joins in any mutiny; or

(b) being present at any mutiny, does not use his utmost endeavor suppress the same ;

(c) knowing or having reason to believe in the existence of any mutiny, or of any intention to mutiny, or of any conspiracy against the State, does not, without delay, give information thereof to his commanding or other superior officer; or

(d) uses or attempts to use criminal force to, or commits an assault on, superior officer, whether on or off duty, knowing or having reason believe him to be such.; or

(e) disobeys the lawful command of his superior officer;

shall, on conviction, be punished with transportation, which may extend to life, or with such less punishment as is provided in this Act.

28. Any person subject to this Act who commits any of the following offences, that is to say, —

(a) is grossly insubordinate or insolent t0 his superior officer in the execution of his office, or

(b) refuses to superintend or assist in the making of any field-work or other, military work of any description ordered to be made either in quarters or in the field,

shall, on conviction, be liable to suffer imprisonment, which may extend to two years, or such less punishment as is provided in this Act.

29. Any person subject to this Act who deserts or attempts to desert the service shall, on conviction, be liable to suffer imprisonment or such less punishment as is provided in this Act.

30. Any person subject to this Act who commits any of the following offences, that is to say, —

(a) knowingly harbours any deserter, or who knowing, or having reason to believe, that any other person has deserted, or that any deserter has been harboured by any other person, does not without delay give information thereof to his own or some other superior officer, or use his utmost endeavours to cause such deserter to be apprehended; or

(b) knowing, or having reason to believe, that a person is a deserter, procures or attempts to procure the enrolment of such person ; or

(c) without having first obtained a regular discharge from the battalion to which he belongs, enrolls himself in the same or any other battalion; or

(d) absents himself without leave, or without sufficient cause overstays leave granted to him; or

(e) being on leave of absence and having received information from proper authority that the battalion or the portion of a battalion or any department to which he belongs has been ordered on active service, fails, without sufficient cause, to rejoin without delay; or

(f) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty ; or

(g) when on parade or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line without leave ; or

(h) in time of peace, quits his guard, piquet or patrol without being regularly relieved or without leave ; or

(i) without proper authority is found two miles or more from camp or outpost ; or

(j) without proper authority is absent from his lines after tattoo, or from camp or outpost after retreat-beating;

shall, on conviction, be liable to suffer imprisonment, which may extend to two years, or such less punishment as is provided in this Act.

31. Any person subject to this Act who commits any of the following offences, that is to say, —

(a) dishonestly misappropriates or converts to his own use any money, provisions, forage, arms, clothing, ammunition, tools, instruments, equipments or Union Military stores of any kind, the property of Government entrusted to him ; or

(b) dishonestly receives or retains any property in respect of which an offence under clause (a) has been committed, knowing or having reason to believe the same to have been dishonestly misappropriated or converted; or

(c) willfully destroys or injures any property of Government entrusted to him; or

(d) commits theft in respect of any property of Government, or of any Force mess, band or institution, or of any person subject to this Act; or

(e) dishonestly receives or retains any such property as is specified in clause (d) knowing or having reason to believe it to be stolen ; or

(f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person; or

(g) malingers or feigns or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity ; or

(h) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or any other person; or

(i) commits any offence of a cruel, indecent or unnatural kind or attempts to commit any such offence and does any act towards its commission;

Shall, on conviction, be punished with imprisonment, which may extend to seven years, or with such less punishment as is provided in this Act.

32. Any person subject to this Act who is in a state of intoxication, whether on duty or off duty shall, on conviction, be punished with imprisonment, or with such less punishment as is provided in this Act.

33. Any person subject to this Act who, without proper authority, releases any State prisoner, enemy or person taken in arms against the State, placed under his charge, or who negligently suffers such prisoner, enemy or person to escape shall, on conviction, be punished with transportation or with such less punishment as is provided in this Act.

34. Any person subject to this Act who commits any of the following offences, that is to say, —

(a) being in command of a guard, picquet, or patrol, neglects duly to post a sentry at the appointed time and place; or

(b) being in command of a guard, picquet, or patrol, refuses to receive any prisoner or person duly committed to his charge; or

(c) without proper authority releases any prisoner or person placed under his charge, or negligently suffers any such prisoner or person to escape; or

(d) being in Force custody, leaves such custody before he is set at liberty by proper authority;

shall, on conviction, be liable to suffer imprisonment or such less punishment as is provided in this Act.

35. Any person subject to this Act who commits any of the following offences, that is to say, —

(a) commits extortion, or without proper authority extorts from any person, carriage, porter age or provisions; or

(b) commits house breaking for the purpose of plundering or plunders; or

(c) designedly or through neglect kills, injures, makes away with, ill-treats or loses his horse or animal used in the public service; or

(d) makes away with, or is concerned in making away with, his arms, ammunition, equipment, instruments, tools, clothing or Force necessaries; or

(e) loses by neglect anything mentioned in clause (d) ; or

(f) willfully injures anything mentioned in clause (d) or any Government property or that of any Force band, institution, mess or belonging to any person subject to this Act; or

(g) sells, pawns, defaces or destroys any medal or decoration granted to him;
shall, on conviction, be liable to suffer imprisonment or such less punishment as is provided in this Act.

36. Any person subject to this Act who commits any of the following offences, that is -to say, —

(a) makes a false accusation against any person subject to this Act, knowing such accusation to be false; or

(b) in making any complaint, knowingly makes any false statement affecting the character of any person subject to this Act, or knowingly and willfully suppresses any material fact; or

(c) obtains or attempts to obtain for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement ; or

(d) knowingly furnishes a false return or report of the number or state of any men under his command or charge, or of any money, arms, ammunition, clothing, equipments, stores or other property in his charge, whether belonging to such men or Government or to any person in or attached to the Force, or who, through design or culpable neglect, omits or refuses to make or send any return or report of the matters aforesaid;
shall, on conviction, be punished with imprisonment, which may extend to five years, or such less punishment as is provided in this Act.

37. Any person having become subject to this Act who is discovered to have made a willfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled shall, on conviction, be punished with imprisonment, which may extend to three years, or with such less punishment as is provided in this Act.

38. Any person subject to this Act - who commits any of the following offences, that is to say, —

(a) being of the rank of Warrant Officer, behaves in a manner unbecoming his position and character; or

(b) strikes or otherwise ill-treats any person subject to this Act being his subordinate in rank or position; or

(c) being in command at any post or on the march, and receiving a compliant that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or markets or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority ; or

(d) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person ; or

(e) attempts to commit suicide and does any act towards the commission of such offence ; or

(f) being below the rank of a Warrant Officer, directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person in the service; or

(g) gambles or induces any other member of the Force to gamble; or

(h) neglects to obey any general or other orders ; or

(i) is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and Force discipline;
shall, on conviction, be punished with imprisonment, which may extend to two years, or with such less punishment as is provided in this Act.

PENAL DEDUCTIONS.

39. The following penal deductions may be made from the pay and allowances of a person subject to this Act, that is to say, —

(a) all pay and allowances for every day of absence either on desertion or without leave and for every day of imprisonment awarded by a criminal Court, or under this Act;

(b) all pay and allowances for every day whilst he is in custody on a charge for an offence of which he is afterwards convicted by a criminal Court or on a charge of absence without leave for which he is afterwards awarded imprisonment under this Act;

(c) all pay and allowances for every day on which he is in hospital on account of sickness or other cause certified by the proper medical officer attending on him at the hospital to have been caused by an offence under this Act committed by him;

(d) all pay and allowances ordered to be forfeited under this Act;

(e) any sum ordered to be stopped under this Act;

(f) any sum required to make good such compensation for any expenses caused by him, or for any loss or damage or destruction done by him to any arms, ammunition, equipment, clothing, instruments, battalion necessaries or military decoration, or to any building, or property, may be awarded by his commanding officer;

(g) any sum required to pay a fine awarded by a criminal Court or under this Act :

Provided that the total deductions from the pay and allowances of a person subject to this Act made under clauses (e) to (g) shall not (except in the case of a person sentenced to dismissal or whose sentence involves dismissal) exceed in any one month one-half of his pay and allowance for that month.

Explanation.—For the purpose of clauses (a) and (b)—

(i) absence or custody for six consecutive hours or upwards, whether wholly in one day or partly in one day and partly in another, may be reckoned as absence or custody for a day;

(ii) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during portion any portion of which the person was absent or in custody, and any absence or custody for less than a day may be reckoned as absence or custody for a day if such absence or custody prevented the absentee from fulfilling any force duty which was thereby upon some other person.

PUNISHMENTS.

40. Punishments may be inflicted in respect of offences committed by persons subject to this Act, and convicted of an offence, according to the scale following, that is to say,—

(a) transportation for life or for any period exceeding seven years;

(b) imprisonment (with or without solitary confinement) for any term not exceeding fourteen years;

(c) dismissal from the service;

(d) removal from the service;

(e) fine; -

(f) the punishments mentioned in section 44;

(g) reduction in the case of a Warrant Officer to a lower rank;

(h) reduction of a Non-Commissioned Officer to a lower grade or to the ranks;

(i) forfeiture in the case of Warrant Officers and Non-Commissioned Officers of seniority of rank;

(j) in the case of Warrant. Officers and Non-Commissioned Officers reprimand and severe reprimand;

(k) forfeiture of service for the purpose of promotion, increased pay, pension or other purpose;

(1) forfeiture, in the case of any one dismissed from the service, of all arrears of pay, allowances and any public money due at the time of dismissal;

(m) stoppages of pay and allowances to make good any damage done in committing the offence of which he is convicted:

Provided that in the case of Warrant Officers the trial under this Act and the punishments provided for in this section can only be carried out with the approval of the Inspector-General.

41. Where in respect of any offence under this Act there is specified a particular punishment or such less punishment as is in this Act mentioned, there may be awarded in respect of that offence instead of such particular punishment (but subject to the other provisions of this Act as to the punishments and regard being had to the nature and degree of the offence) any one punishment lower in the above scale than the particular punishment.

42. A Non-Commissioned Officer sentenced by a Court to transportation or imprisonment or dismissal from the service shall be deemed to be reduced to the ranks.

SUMMARY PUNISHMENT.

43. (1) A Commandant of the Union Military Police, may summarily award to any Warrant Officers and Non-Commissioned Officers or other persons subject to this Act, any of the following punishments for the commission of any offence against discipline of the Force, which is not otherwise provided for in this Act, or which is not of a sufficiently serious nature to call for a trial, that is to say,—

(a) to Non-Commissioned Officers or Riflemen—

(i) reprimand;

(ii) severe reprimand;

(iii) reduction to a lower rank or grade;

(iv) removal from any office of distinction or special emolument;

(v) stoppages of pay and allowances to make good any damage done to the property of Government or the Force;

(vi) admonition;

(vii) forfeiture of pay for absence without leave;

(viii) fine up to one month’s pay;

(ix) stoppage of special pay or allowances for a period not exceeding three months to make good any loss or damage or on account of inefficiency, slackness, or other sufficient reason;

(b) to Non-Commissioned Officers only—

(i) reprimand;

(ii) severe reprimand ;

(iii) reduction to a lower rank;

(iv) reduction to a lower grade;

(v) reduction to a lower place in the rank or grade in which he is serving;

(vi) reduction to the ranks;

(c) to Riflemen—

(i) extra-guards, picquets or patrols;

(ii) confinement to the lines for any period not exceeding 30 days carrying with it punishment drill not exceeding 15 days, and thereafter fatigue duty;

(iii) imprisonment to the extent of 28 days in the quarter-guard or such other place as may be considered suitable, with forfeiture of all pay and allowance during its continuance;

(d) to public Followers—

(i) admonition;

(ii) forfeiture of pay for absence without leave;

(iii) fine up to one month’s pay;

(iv) reduction to a lower grade where two or more grades exist;

(v) confinement to the lines for any period not exceeding 30 days carrying with it fatigue duty;

(vi) imprisonment to the extent of 28 days in the quarter-guard or such other place as may be considered suitable, with forfeiture of all pay and allowances during its continuance;

(2) Any of the above punishments may be awarded separately or in combination with any one or more of the others, but the carrying out of imprisonment must precede confinement to the lines, and no award or awards including imprisonment and confinement to the lines shall exceed 30 consecutive days. When an award includes imprisonment and a minor punishment, the latter will, take effect at the termination of the imprisonment.¬

(3) Suspension may be awarded to any Warrant Officer or Non-Commissioned Officer as a preliminary to an enquiry, but it shall not he awarded as a substantive punishment.

(4) (a) An officer of the Force commanding a separate detachment or an outpost or in temporary command at the headquarters of a district or battalion during the absence of the aforesaid officers may, when in temporary command at Battalion Headquarters or when on detached duty, exercise the powers specified in sub-section (1).

(b) Subject to confirmation or revision by the Battalion Commandant, the powers specified in sub-5ection (1) may be exercised by officers when in temporary command at Battalion Headquarters or when on detached duty.

(c) An officer who is not in independent command may, if authorized by his Battalion Commandant, award to any Rifleman confinement to the lines for periods not exceeding ten days, and extra-guards not exceeding four in number.

(5) Commandants may authorize Warrant Officers to exercise the powers specified in clause (c) of sub-section (1) in respect of Riflemen under their command.
FIELD PUNISHMENT.

44. Any person subject to this Act not above the rank of Rifleman, who, while on active service, commits any offence, may, in lieu of any punishment to which he is liable thereunder, be subjected to such field punishment other than flogging as may be directed by rules to be made by the President of the Union and such field punishment shall be of the character of personal restraint or of hard labour but shall not be of a nature to cause injury to life or limb.

PLACE OF IMPRISONMENT.

45. A person sentenced under this Act to imprisonment for a period not exceeding three months shall, when he is also dismissed or remove from the Force, be imprisoned in the nearest or such other jail as the President of the Union may, by general or special order, direct, but when he is not also dismissed or removed from the Force he may, if the convicting officer or Deputy Commissioner so directs, be confined in the quarter-guard or such other place as the convicting officer or the Deputy Commissioner may consider suitable.

DISCRETIONARY POWERS.

46. Notwithstanding anything contained in this Act relating to conviction and punishment, the Inspector-General may dismiss or remove from the service any member of the Force.

REPEAL OF PREVIOUS ACTS.

47. The Military Police Act and the Burma Frontier Force Act are hereby repealed.

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

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

It is hereby enacted as follows: —

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

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

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

(i) Small arms, such as —

(a) Rifles,

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

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

(ii) Light Machine Gun or ammunition thereof,

(iii) Mortar or ammunition thereof,

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

(v) Live Hand Grenade,

(vi) Live Rifle Grenade,

(vii) Live Mortar Bomb,

(viii) Demolition Explosives,

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

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

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

The Burma Code Volume 2: The Arms Act

CONTENTS

I — PRELIMINARY

Section.

1. Savings.

2-3. * * * *

4. Interpretation-clause.

II — MANUFACTURE, CONVERSION AND SALE

5. Unlicensed manufacture, conversion and sale prohibited.

III— IMPORT, EXPORT AND TRANSPORT

6. Unlicensed importation and exportation prohibited.

Importation and exportation of arms and ammunition for private use.

7. Sanction of President required to warehousing of arms, etc.

8-9. * * * *

10. Power to prohibit transport.

Transshipment of arms.

11. Power to establish searching stations.

12. Arrest of persons conveying arms, etc., under suspicious circumstances.

Procedure where arrest made by person not Magistrate or police-officer.

IV.— GOING ARMED AND POSSESSING ARMS ETC

13. Prohibition of going armed without license.

14. Unlicensed possession of fire-arms, etc.

15. Possession of arms of any description without license prohibited in certain places.

16. In certain cases arms to be deposited at police-stations or with licensed dealers.

V — LICENSES

17. Power to make rules as to licenses.

18. Canceling and suspension of license.

18A. Power to make rules as to appeal or revision.

VI — PENALTIES

19. For breach of sections 5, 6, 10, 13 to 17.

20. For secret breaches of sections 5, 6, 10, 14 and 15.

For concealing arms, etc.

21. For breach of license.

22. For knowingly purchasing arms, etc., from unlicensed person.

For delivering arms, etc., to person not authorized to possess them.

23. Penalty for breach of rule.

24. Power to confiscate.

VlI — MISCELLANEOUS

25. Search and seizure by Magistrate.

26. Seizure and detention by Governor.

27. Power to exempt.

28. Information to be given regarding offences.

29. Sanction required to certain proceedings under section 19, clause (f).

30. Searches in the case of offences against section 19, clause (f), how conducted.

31. * * * *

32. Power to take census of fire-arms.

33. Notice and limitation of proceedings.

THE ARMS ACT

[INDIA ACT XI, 1878] (1st October, 1878)

I — PRELIMINARY

1. Nothing herein contained shall apply to —

(a) arms, ammunition or military stores on board any sea-going vessel and forming part of her ordinary armament or equipment, or

(b) the manufacture, conversion, sale, import, export, transport, bearing or possession of arms, ammunition or military stores by order of the Government, or by a public servant or a member of either of the forces constituted by the Burma Territorial Force Act or the Burma Auxiliary Force Act, in the course of his duty as such public servant or member.

2-3. * * * *

4. Inn this Act, unless there be something repugnant in the subject or context, —

“cannon” includes also all howitzers, mortars, wall-pieces, mitrailleuses and other ordnance and machine-guns, all parts of the same, and all carriages, platforms and appliances for mounting, transporting and serving the same:

“arms’’ includes —

(i) clasp-knives the blades of which are pointed and exceed three inches in length;

(ii) knives, with pointed blades rigidly affixed, or capable of being rigidly affixed, to the handle, and measuring in all over five inches in length which are not intended exclusively for domestic, agricultural or industrial purposes: provided that it shall be presumed until the contrary is proved that knives of this description are not intended exclusively for such purposes

(iii) knives of such other kinds as the President of the Union may, by notification, prescribe; and

(iv) fire-arms, bayonets, swords, daggers, spears, spear-heads and bows and arrows, also cannon and parts of arms, and machinery for manu­facturing arms;

“ammunition” includes also all articles specially designed for torpedo service and submarine mining, rockets, gun-cotton, dynamite, lithofracteur and other explosive or fulminating material, gun-flint, gun-wads, Percussion-caps, fuses and friction-tubes, all parts of ammunition and all machinery for manufacturing ammunition, but does not include lead, suhphur or saltpetre;

"military stores", in any section of this Act as applied to any part of the Union of Burma, means any military stores to which the President of the Union may from time to time, by notification in the Gazette, specially extend such section in stnch part, and includes also all lead, sulphur, saltpetre, and other material to which the President of the Union may from time to time so extend such section:

"licence" means a licence granted under this Act, and "licensed" means holding such licence.

II — MANUFACTURE, CONVERSION AND SALE

5. No person shall manufacture, convert or sell, or keep, offer or expose for sale, any arms, ammunition on military stores, except under a licence and in the manner and to the extent permitted thereby.

Nothing herein contained shall prevent any person from selling any arms or ammunition which he lawfully possesses for his own private use to any person who is not by any enactment for the time being in force prohibited from possessing the same; but every person so selling arms on ammunition to any person other than a person entitled to possess the same by reason of an exemption under section 27 of this Act shall, without unnecessary delay, give to the District Magistrate, or to the officer in charge of the nearest police-station, notice of the sale and of the pur­chaser’s name and address.

III —IMPORT EXPORT AND TRANSPORT

6. No person shall bring or take by sea or by land into or out of the Union of Burma any arms, ammunition or military stores except under a licence and in the manner and to the extent permitted by such licence.

Nothing in the first clause of this section extends to arms (other than cannon) or ammunition imported or exported in reasonable quantities for his own private use by any person lawfully entitled to possess such arms or ammunition; but the Collector of Customs or any other officer empowered by the President of the Union in this behalf by name or in virtue of his office may at any time detain such arms or ammunition until he receives the orders of the President of the Union thereon.

Explanation.—Arms, ammunition and military stones taken from one part of the Union of Burma to another by sea, or across intervening territory not being part of the Union of Burma, are taken out of and brought into the Union of Burma within the meaning of this section.

7. Notwithstanding anything contained in the Sea Customs Act, no arms, ammunition or military stores shall be deposited in any warehouse licensed under section 16 of that Act without the sanction of the President of the Union.

8-9. * * * *

10. The President of the Union may, from time to time, by notification in the Gazette, —

(a) regulate on prohibit the transport of any description of arms, ammunition or military stores over the whole of the Union of Burma or any part thereof, either altogether or except under a licence and to the extent and in the manner permitted by such licence, and

(b) * * * *

Explanation.— Arms, ammunition or military stores transshipped at a port in the Union of Burma are transported within the meaning of this section.

11. The President of the Union may, at any places along the boundary-line between the Union of Burma and other territory, and at such distance within such line as he deems expedient, establish searching-posts at which all vessels, carts and baggage-animals, and all boxes, bales and packages in transit, may be stopped and searched for arms, ammunition and military stores by any officer empowered by the President of the Union in this behalf by name or in virtue of his office.

12. When any person is found carrying or conveying any arms, ammunition or military stores, whether covered by a licence or not, in such manner or under such circumstances as to afford just grounds of suspicion that the same are being carried by him with intent to use them, or that the same may be used, for any unlawful purpose, any person may without warrant apprehend him and take such arms, ammunition or military stores from him.

Any person so apprehended, and any arms, ammunition or military stores so taken by a person not being a Magistrate or police-officer, shall be delivered over as soon as possible to a police-officer.

All persons apprehended by, or delivered to, a police-officer, and all arms and ammunition seized by or delivered to any such officer under this section, shall be taken without unnecessary delay before a Magistrate.

IV — GOING ARMED AND POSSESSING ARMS, ETC

13. No person shall go armed with any arms except under a licence and to the extent and in the manner permitted thereby.

Any person so going armed without a licence or in contravention of its pro­visions may be disarmed by any Magistrate, police-officer or other person empowered by the President of the Union in this behalf by name or by virtue of his office.

For the purposes of this section, “arms” includes also knives with pointed blades rigidly affixed, or capable of being rigidly affixed, to the handle, and measur­ing in all over five inches in length, which are intended exclusively for domestic, agricultural or industrial purposes.

14. No person shall have in his possession or under his control any cannon or fire-arms, or any ammunition or military stores, except under a licence and in the manner and to the extent permuted thereby.

15. In any place to which the President of the Union may by notification specially extend this section, no person shall have in his possession any arms of any description, except under a licence and in the manner and to the extent permitted thereby.

16. (1) Any person possessing arms, ammunition or military stores the posses­sion whereof has, in consequence of the cancellation or expiry of a licence or of an exemption or by the issue of a notification under section 15 or otherwise, become unlawful, shall without unnecessary delay deposit the same either with the officer in charge of the nearest police-station or, at his option and subject to such conditions as the President of the Union may by rule prescribe, with a licensed dealer.

(2) When arms, ammunition or military stores have been deposited under sub­-section (1) * * * *1, the depositor shall, at any time before the expiry of such period as the President of the Union may by rule prescribe, be entitled —

(a) to receive back any thing so deposited the possession of which by him has become lawful, and

(b) to dispose, or authorize the disposal, of any thing so deposited by sale or otherwise to any Person whose possession of the same would be lawful and to receive the proceeds of any such sale:

Providled that nothing in this sub-section shall be deemed to authorize the return or disposal of any thing the confiscation of which has been directed under section 24.

(3) All things deposited as aforesaid and not returned or disposed of under sub-section (2) within the prescribed period therein referred to shall be forfeited to [the State].

(4) (a) The President of the Union may make rules consistent with this Act for carrying into affect the provisions of this section.

Foot note: 1. The words" or, before the first day of January, 1920, under the provisions of any law for the time being in force" were deleted by the Union of Burma (Adaptation of Laws) Order, 1948.

(b) In particular and without prejudice to the generality of the foregoing provision, the President of the Union may by rule prescribe —

(i) the conditions subject to which arms, ammunition and military stores may be deposited with a licensed dealer, and

(ii) the period after the expiry of which things deposited as aforesaid shall be forfeited under sub-section (3).

V — LICENCES

17. The President of the Union may from time to time, by notification in the Gazette, make rules to determine the officers by whom, the form in which, and the terms and conditions on and subject to which, any licence shall be granted; and may by such rules among other matters —

(a) fix the period for which such licence shall continue in force;

(b) fix a fee payable by stamp or otherwise in respect of any such licence other than a licence for possession;

(c) direct that the holder of any such licence other than a licence for possession shall keep a record or account, in such form as the President of the Union may prescribe, of anything done under such licence, and exhibit such record or account when called upon by an officer of Government to do so;

(d) empower any officer of Government to enter and inspect any premises in which arms, ammunition or military stores are manufactured on kept by any person holding a licence of the description referred to in section 5 or section 6;

(e) direct that any such person shall exhibit the entire stock of arms, ammunition and military stores in his possession on under his control to any officer of Government so empowered ; and

(f) require the person holding any licence or acting under any licence to produce the same, and to produce or account for the arms, ammunition or military stores covered by the same when called upon by an officer of Government so to do.

18. Any licence may be cancelled or suspended —

(a) by the officer by whom the same was granted, or by any authority to which he may be subordinate, or by any District Magistrate within the local limits of whose jurisdiction the holder of such licence may be, when, for reasons to be recorded in writing, such officer, authority or Magistrate deems it necessary for the security of the public peace to cancel or suspend such licence; or

(b) by any Judge or Magistrate before whom the holder of such licence is convicted of an offence against this Act, or against the rules made under this Act; and

the President of the Union may, by notification in the Gazette, cancel or suspend all or any licences throughout the whole or any portion of the Union of Burma.

18A. The President of the Union may, by notification, make rules —

(a) providing for appeal from or revision of —

(i) orders refusing to issue or renew arms licences, and

(ii) orders canceling on suspending licences under clause (a) of section 18 and

(b) prescribing the procedure and the periods of limitation for such appeals and revisions.

VI — PENALTIES

19. Whoever commits any of the following offences (namely) : —

(a) manufactures, converts, or sells, or keeps, offers or exposes for sale, any arms, ammunition or military stores in contravention of the provisions of section 5;

(b) fails to give notice as required by the same section;

(c) imports or exports any arms, ammunition or military stores in contraven­tion of the provisions of section 6;

(d) transports any arms, ammunition or military stores in contravention of a regulation or prohibition issued under section 10;

(e) goes armed in ‘contraventnion of the provisions of section 13;

(f) has in his possession or under his control any arms, ammunition or military stores in contravention of the provisions of section 14 or section 15;

(g) intentionally makes any false entry in a record or account which, by a rule made under section 17, clause (c), he is required to keep;

(h) intentionally fails to exhibit anything which, by a rule made under section 17, clause (e), he is required to exhibit ; or

(i) fails to deposit arms, ammunition or military stores, as required by section 14 or section 16;

shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

20. Whoever does any act mentioned in clause (a), (c), (d) or (f) of section 19, in such manner as to indicate an intention that such act may not be known to any public servant as defined in the Penal Code, on to any person employed upon a railway or to the servant of any public carrier,

and whoever, on any search being made under section 25, conceals or attempts to conceal any arms, ammunition or military stores,

shall be punished with imprisonment for a term which may extend to seven years, or with fine, or with both.

21. Whoever, in violation of condition subject to which a licence has been granted, does or omits to do any act shall, when the doing on omitting to do such act is not punishable under section 19 or section 20, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

22. Whoever knowingly purchases any arms, ammunition on military stores from any person not licensed or authorized under the proviso to section 5 to sell the same; or

delivers any arms, ammunition or military stores into the possession of any person without previously ascertaining that such person is legally authorized to possess the same,

shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

23. Any person violating any rule made under this Act, and for the violation of which no penalty is provided by this Act, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

24. When any person is convicted of an offence punishable under this Act, committed by him in respect of any arms, ammunition or military stores, it shall be in the discretion of the convicting Court or Magistrate further to direct that the whole or any portion of such arms, ammunition or military stores, and any vessel, cart or baggage-animal used to convey the same, and any box, package or bale in which the same may have been concealed, together with the other contents of such box, package or bale, shall be confiscated.

VII — MISCELLANEOUS

25. Whenever any Magistrate has reason to believe that any person residing within the local limits of his jurisdiction has in his possession any arms, ammunition or military stores for any unlawful purpose,

or that such person cannot be left in the possession of any such arms, ammunition or military stores without danger to the public peace,

such Magistrate, having first recorded the grounds of his belief, may cause a search to be made of the house or premises occupied by such person or in which such Magistrate has reason to believe such arms, ammunition or military stores are or is to be found, and may seize and detain the same, although covered by licence, in safe custody for such time as he thinks necessary.

The search in such case shall be conducted by, or in the presence of, a Magistrate, or by, or in the presence of, some officer specially empowered in this behalf by name or in virtue of his office by the President of the Union.

26. The President of the Union may at any time order or cause to be seized any arms, ammunition or military stores in the possession of any person, notwithstanding that such person is licensed to possess the same, and may detain the same for such time as he thinks necessary for the public safety.

27. The President of the Union may, from time to time, by notification published in the Gazette,—

(a) exempt any person by name or in virtue of his office, or any class of persons, or exclude any description of arms or ammunition, or with­draw any part of the Union of Burma, from the operation of any prohibition or direction contained in this Act ; and

(b) cancel any such notification, and again subject the persons or things or the part of the Union of Burma comprised therein to the operation of such prohibition or direction.

28. Every person aware of the commission of any offence punishable under this Act shall, in the absence of reasonable excuse, the burden of proving which shall be upon such person, give information of the same to the nearest police-officer or Magistrate, and

every person employed upon any railway or by any public carrier shall, in the absence of reasonable excuse, the burden of proving which shall lie upon such person, give information to the nearest police-officer regarding any box, package or bale in transit which he may have reason to suspect contains arms, ammunition or military stores in respect of which an offence against this Act has been or is being committed.

29. No proceedings shall be instituted against any person in respect of an offence punishable under section 19, clause (f), without the previous sanction of the District Magistrate.

30. Where a search is to be made under the Code of Criminal Procedure, in the course of any proceedings instituted in respect of an offence punishable under section 19, clause (f), such search shall, notwithstanding anything contained in the said Code, be made in the presence of some officer specially appointed by the President of the Union in this behalf, and not otherwise.

31. * * * *

32. The President of the Union may from time to time, by notification in the Gazette, direct a census to be taken of all fire-arms in any local area, and empower any person to take such census.

On the issue of any such notification, all persons possessing any such arms in such area shall furnish to the person so empowered such information as he may require in reference thereto, and shall produce such arms to him if he so requires.

Any person refusing or neglecting to produce any such arms when so required shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

33. No proceeding other than a suit shall be commenced against any person for anything done in pursuance of this Act, without having given him at least one month's previous notice in writing of the intended Proceeding and of the cause thereof, nor after the expiration of three months from the accrual of such cause.

The Burma Code Volume 2: The Burma Auxiliary Force Act

CONTENTS

Sections.

1. Application of Act.

2. Definitions.

3. Constitution of an auxiliary force.

4. Classes who may be enrolled.

5. Enrolment.

6. Liability to undergo military training.

7. Liability to perform military service.

8. Appointment to corps or unit.

9. Preliminary training.

10. * * * *

11. Classification and periodical training.

12. Classification.

13. Variations of training.

14. Medical examination.

15. Transfers.

16. Change of residence.

17. Discharge.

18. Calling out and embodiment.

19. 20. * * * *

21. Application of the Army Act.

22. Refusal to appear for military service.

23. Penalties for breach of sections 8, 14 and 16.

24. Other offences.

25. Punishment for offences under section 24.

26. Dismissal.

27. Summary and minor punishments.

27A. Presumption as to certain documents.

28. Advisory Committees.

29. Constitution and disbandment of units.

30. Power to make rules.

31. Power to make regulations.

32. Certain persons subject to this Act to be deemed part of the Burma Army for certain purposes.

33. Trial of offences.

34. Exemption from local taxation.

SCHEDULE 1. — TRAINING.

THE BURMA AUXILIARY FORCE ACT

11. Notwithstanding any thing to the contrary contained in the conditions of service under which persons have been enrolled under this Act it shall apply and shall be deemed always to have applied to such persons wherever they may be.

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

“Advisory Committee” means an Advisory Committee constituted under section 28 for the prescribed military area, or part of a prescribed military area, within which a person subject to this Act for the time being resides or is serving, as the case may be;

‘‘competent military authority’’ means the authority prescribed as competent to perform or exercise all or any of the duties imposed or powers conferred on the competent military authority by this Act;

“enrolled person” means a person enrolled in the prescribed manner under this Act;

1 Inserted by Act XX, 1943.

“enrolling officer” means an officer authorised to enroll persons under this Act;

“prescribed” means prescribed by rules made under this Act, and “prescribe” has a corresponding meaning;

“regulation” means a regulation made under section 31 ; and

“training year” means a period of twelve months beginning on the first day of April and ending on the thirty-first day of March.

3. There shall be raised and maintained in the manner hereinafter provided an auxiliary force * * * *1 to be designated the Burma Auxiliary Force.

24. Every person who is a citizen of Burma shall, subject to the provisions of this Act, be eligible for enrolment thereunder.

5. (1) Any male eligible for enrolment under this Act who has attained the age of sixteen years and is not a member of the Burma regular naval, military or air forces may apply to be enrolled in the Burma Auxiliary Force, and if he satisfies the prescribed conditions, may be enrolled therein in the prescribed manner and shall thereupon become subject to the provisions of this Act.

(2) Subject to the prescribed conditions an applicant for enrolment may apply to be enrolled for service in any particular branch, or in any particular corps or unit.

6. Every enrolled person shall be liable to undergo military training as provided by or under this Act until discharged from the Burma Auxiliary Force, as hereinafter provided.

7. Every enrolled person liable to undergo military training under section 6 shall, on and from the first day of April next following the date on which he attains the age of eighteen years or, if he has already attained the age of eighteen years, on and from any later date on which he is enrolled, be liable to perform military service under this Act.

8. (1) Every enrolled person shall, without unnecessary delay, be appointed or under the orders of, the competent military authority to a corps or unit of the Burma Auxiliary Force, and on receipt of an order so appointing him shall report himself for the purpose of joining such corps or unit at such time and place as may be specified in the order.

(2) Any person who has been enrolled for service in any particular branch, corps or unit shall be appointed to a corps or unit of that branch or to that corps or unit, as the case may be.

9. Every enrolled person liable to perform military service under this Act who on becoming so liable is included in the Active Class shall, within the training year in which he becomes so liable, undergo preliminary training of such amount us may be ordered by the competent military authority subject to the limits specified n Schedule I:

Provided that, if such preliminary training cannot be completed within that training year, it may be completed at the discretion of the officer commanding the corps or unit to which such enrolled person belongs in the training year next following:

Provided further that any person may be exempted either wholly or in part by the officer commanding his corps or unit from the necessity of undergoing preliminary training required by this section, and shall, on the publication in the orders of the corps or unit of such exemption, be deemed to the extent of such exemption to have completed such preliminary training.

1 Deleted by Act XX, 1943.

2 This section was first substituted by Act XX, and 1943, and substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

10. * * * *

11. Every enrolled person liable to perform military service under this Act —

(i) shall be included by the officer commanding the corps or unit to which he is appointed in one or other of the following classes, namely —

(a) the Active Class ; or

(b) the Reserve Class ;

(ii) shall under the orders of the competent military authority undergo the periodical training specified in Schedule I for the class in which he is for the time being included ; and

(iii) shall, if the President of the Union so directs, undergo such increased amount of training as may be specified by the President of the Union for this purpose for the class in which he is for the time being included.

12. (1) Every commissioned officer of the Burma Auxiliary Force shall be included in the Active Class until he relinquishes his commission.

(2) Enrolled persons liable to perform military service under this Act, not being commissioned officers of the Burma Auxiliary Force, shall be classified as follows, namely;—

(a) every such person who is required by section 9 to undergo preliminary training or who being so required has completed or is deemed to have completed the same shall be included in the Active Class until he is transferred to the Reserve Class by order of the officer commanding the corps or unit;

(b) every such person who is transferred from the Active Class under the provisions of clause (a) or who on enrolment is assigned to the Reserve Class by order of the officer commanding the corps or unit shall be included in the Reserve Class.

(3) Any enrolled person who ceases to be a commissioned officer of the Burma Auxiliary Force shall thereupon be included in the class in which he would have been included under this section if the provisions of sub-section (1), had not applied to him, and shall undergo periodical training accordingly.

(4) Any person who is under this section included in the Reserve Class may apply to the competent military authority to be included in the Active Class, and shall, if the competent military authority grants the application, thereupon be deemed to be included in that class.

13. (1) The competent military authority may, by order in writing, —

(a) on the recommendation of the Advisory Committee, direct that any enrolled person included in the Active Class shall, for the purposes of periodical training, be included for any stated period in the Reserve Class, or

(b) on his own motion or on the recommendation of the Advisory Committee, reduce the specified amount of training either in individual cases or in the case of any unit or part thereof for any stated period.

(2) The competent military authority shall grant in respect of each individual or unit or part thereof whose training is reduced under clause (b) of sub-section (1) a certificate setting forth the amount of training to be undergone during the said period.

14. Every enrolled person shall, if and when required by the officer commanding the corps or unit to which he belongs, present himself for such medical examination as may be necessary to determine the extent, if any, to which he is fit to undergo military training or to perform military service, before a medical officer appointed or approved in that behalf by the competent military authority, and for the purposes of such medical examination shall comply with the directions of such medical officer.

15. (1) Every person appointed to a corps or unit under section 8 shall remain in that corps or unit until transferred to another corps or unit by, or under the orders of, the competent military authority, but no person shall be transferred from the Infantry branch to another branch or from one unit to another unit located in the same prescribed military area except at his own request.

(2) Any person so transferred from the Infantry branch to another branch may be required to undergo such further preliminary training, not exceeding eight days, as may be ordered by the competent military authority, and thereafter shall undergo the periodical training to which he is liable in the branch to which he is transferred:

Provided that any periodical training already undergone by such person in the training year in which he is transferred shall be deemed to have been undergone in such other branch.

Explanation. — Except during periodical training in camp, for the purposes of this section and of Schedule I, a day shall be deemed to consist of four hours of actual military drill or instruction, and may be made up of fractions of a day not more than four in number.

16. (1) Any enrolled person who leaves his place of residence in the Union of Burma for the time being and thereby leaves the area commanded by one competent military authority for that commanded by another shall, if he does not intend to return to the area which he leaves, notify the competent military authority commanding that area of his change of residence.

(2) If such person having intended to return does not return within three months, he shall notify the competent military authority as aforesaid immediately on the expiry of that period.

(3) The competent military authority on being notified of a change of residence under sub-section (1) or sub-section (2) may, subject to the provisions of section 15, transfer such person from the corps or unit in which he is serving to another corps or unit.

17. (1) Any enrolled person who has attained the age of forty-five years or has completed four years service from the date of his enrolment shall, on application made by him in the prescribed manner, be entitled to receive his discharge from the Burma Auxiliary Force.

(2) An enrolled person who is not entitled to his discharge under sub-section (1) shall be discharged by the competent military authority on a recommendation of the Advisory Committee in this beiraif.

(3) Any enrolled person may be discharged by such authority, and subject to such conditions, as may be prescribed.

(4) Notwithstanding anything contained in sub-sections (1), (2) and (3) no enrolled person shall in time of war or in any emergency which may be notified by he President of the Union be entitled to receive his discharge.

18. No person liable to perform military service under this Act shall be required to perform such service except —

(a) when called out with any portion of the Burma Auxiliary Force by an order of the senior military officer present either to act in support of the civil power or to provide guards which, in the opinion of such officer, are essential; or

(b) when any portion of the Burma Auxiliary Force to which he belongs has been embodied to support or supplement [The Burma regular forces]1 in the event of an emergency by a notification directing such embodi­ment issued by the President of the Union and published in the Gazette ; or

(c) when attached at his own request to any regular forces.

219. 20. * * * *

21. (1) Every commissioned officer of the Burma Auxiliary Force, when doing duty as a commissioned officer, and every [warrant officer,]3 non commissioned officer and man of the said force —

(a) when attached to or otherwise acting as part of or with any regular forces, and

(b) when called out by an order, or embodied by a notification, under section 18,

shall be subject to tire provisions of [the Burma Army Act]1 and any orders or regulations made thereunder, and the said Act, orders and regulations shall apply to every such person in the circumstances aforesaid as if the same were enacted in this Act, and as if such person held the same rank in [the Burma Army]1 as he holds for the time being in the said force, subject, in the case of an officer, to the terms of his commission and the orders of [the President of the Union]1, and, in the case of a [warrant officer]3 non-commissioned officer or man, to the orders of the President of the Union.

(2) Where an offence punishable under [the Burma Army Act]1 has been committed by any person whilst subject to that Act under the provisions of sub-section (1), such person may be taken into and kept in military custody and tried and punished for such offence, although he has ceased to be so subject as aforesaid, in like manner as he might have been taken into and kept in military custody, tried or punished if he had continued to be so subject:

Provided that no such person shall be kept in military custody after he has ceased to belong to the Burma Auxiliary Force, unless he has been taken into or kept in military custody on account of the offence before the date on which he ceased so to belong, nor shall he be kept in military custody or be tried or punished for the offence after the expiry of two months from that date, unless his trial had already commenced before such expiry.

22. If any person liable to perform military service under this Act fails to comply with an order or notification under section 18 calling him out or embodying him for military service, any District Magistrate may, on the application of the competent military authority or of an officer empowered by such authority in writing in that behalf, cause such person to be arrested and brought before him, and, if the Magistrate is satisfied that such person has been duly required to perform military service, the Magistrate may, without prejudice to any penalty which such person may have incurred, make over such person in custody to the military authorities.

***FOOT NOTE

1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2. Repeated by Act XX, 1943.

3. Inserted ibid.

23. An enrolled person who refuses or without lawful excuse (the burden of proving which shall lie upon such person) neglects —

(a) to comply with any order under section 8; or

(b) to attend for medical examination, or to comply with the directions of the medical officer, as required by section 14 ; or

(c) to notify any change of residence as required by section 16 ;

shall be punishable with fine which may extend to fifty rupees.

24. An enrolled person commits an offence if he, in circumstances when he is not subject to military law, does any of the following acts, namely —

(1) when on parade or undergoing military training or wearing [Military]1 uniform —

(a) strikes, or uses or offers violence to or uses threatening or insubordinate language to, or behaves with contempt to, his superior officer ; or

(b) disobeys any standing order of, or lawful command given by, his superior officer ; or

(c) neglects to obey a general or garrison order made specially applicable to the Burma Auxiliary Force by the competent military authority ; or

(d) is in a state of intoxication ; or

(c) being a [warrant officer, or]2 non-commissioned officer strikes or ill-treats any person subject to military law or to this Act, or to the Burma Territorial Force Act, who is his subordinate in rank or position;

(2) without sufficient cause fails to appear at the place of parade at the time fixed or to attend at any place in his capacity as a member of the Burma Auxiliary Force, when duly required so to attend, or when on parade without sufficient cause quits the ranks;

(3) without sufficient cause fails to perform any part of the training which by or under this Act he is required to perform;

(4) strikes, or uses or offers violence to, any person whether subject to military law or hot in whose military custody he is placed, and whether such person is or is not his superior officer;

(5) resists an escort whose duty it is to arrest him or detain him in military custody;

(6) being under arrest or detention or otherwise in lawful military custody escapes or attempts to escape;

(7) when in clnarge of any property belonging to Government or to a corps or unit of the Burma Auxiliary Force, makes away with, or is concerned in making away with, any such property;

(8) willfully injures, or by culpable neglect loses or causes injury to, any such property as is mentioned in clause (7);

(9) willfully ill-treats a horse or other animal used in the public service;

(10) knowingly furnishes a false return or report of the number or state of men under his command or charge, or of any money, arms or ammunition, clothing, equipment, stores or other property in his charge;

(11) through design or culpable neglect omits to make or send any return of any matter mentioned in clause (10) which it is his duty to make or send;

***FOOT NOTE

1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2. Inserted by Act XX, 1943.

(12) when it is his official duty to make a declaration respecting any matter, makes a declaration respecting such matter winch he either knows or believes to be false or does not believe to be true;

(13) knowingly makes against any person subject to military law or to this Act or to the Burma Territorial Force Act an accusation which he either knows or believes to be false or does not believe to be true;

(14) falsely personates any other person at any parade or on any occasion when such other person is required by or under this Act to do any act or attend at any place, or abets any such act of personation.

25. (1) Any person committing any of the offences specified in sub-clauses (b), (c) and (d) of clause (1) or in clauses (2), (3), (8), (11) and (14) of section 24 shall be punishable with fine which may extend to two hundred rupees.

(2) Any person committing any other offence specified in section 24 shall be punishable with imprisonment, which may extend to two months, or with fine, which may extend to two hundred rupees, or with both.

26. The competent military authority may in his discretion dismiss any enrolled person from the Burma Auxiliary Force.

27. The President of the Union may prescribe summary and minor punishments for offences under section 24 or for contravention of any rule or regulation made under this Act to which enrolled persons shall be liable without the intervention of a criminal Court, and the officer or officers by whom and the circumstances in which and the extent to which such summary and minor punishments may be inflicted and the manner in which any such punishment may be enforced.

Provided that no punishment involving any kind of imprisonment shall be imposed as a summary or minor punishment:

Provided further, that no summary punishment shall be inflicted in any case in which the accused claims to be tried by a criminal Court.

27A. Where any [warrant officer,]1 non-commissioned officer or man of the Auxiliary Force is required by or in pursuance of any rule, regulation or order made under this Act, to attend at anny place, a certificate purporting to be signed by the prescribed officer stating that the person so required to attend failed to do so in accordance within such requirement, shall, withiout proof of the signature or appointment of such officer, be evidence of the matters stated therein.

28. (1) The President of the Union shall constitute for each imrescribed military area one or more Advisory Committees each consisting of three or more members, of whom one shall be the competent military authority and the others shall be persons eligible for enrolment in the Burma Auxiliary Force, within the meaning of section 4, who shall be appointed annually by, or under the orders of, the Governor.

(2) Any Advisory Committee constituted for a prescribed military area or a part thereof, as the case Inlay be, which includes a place to which the President of the Union may, by order in writing, declare this sub-section to apply, shall consist of not less than five members, of whom not more than two shall be persons in the service of Government.

(3) The President of the Union shall prescribe the duties, powers and procedure of Advisory Committees and, in particular, the matters in respect of which the competent military authority shall be bound to give effect to a recommendation of an Advisory Committee unless the President of the Union otherwise directs.

***FOOT NOTE

1. Insreted by the Act XX, 1943.

29. The President of the Union may constitute any corps or unit and may disband any corps or unit constituted under this Act.

30. (1) The President of the Union may make rules1 to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may —

(a) provide for tine appointment of enrolling officers;

(aa) prescribe the authority which shall be the competent military authority for any purpose under this Act;

(b) prescribe military areas for the purposes of this Act;

(c) prescribe the manner in which and the conditions subject to which persons may offer themselves for enrolment under this Act and the conditions governing applications to be enrolled in a particular branch, corps or unit ;

(d) define the manner in which and the conditions under which persons or any class of persons liable to military service under the Act may be excused from being called out or embodied;

(e) prescribe the military training to be undergone by persons liable to military training under section 6 but not to military service under section 7;

(f) prescribe the conditions governing the grant of, and the rates of pay for, and provide for the grant of allowances to, enrolled persons;

(g) Prescribe for any military area which is a railway area or for any area beyond the limits of Union of Burma the authorities which shall be deemed respectively to be the Government and the District Magistrate for all or any of the purposes of this Act; and

(h) provide for any other matter which under this Act is to be or may be prescribed.

(3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine, which may extend to fifty rupees.

(4) The power to make rules conferred by this section shall, except on the first occasion of the exercise thereof, be subject to the condition of previous publication.

(5) All rules made under this section shall be published in the Gazette, and on such publication shall have effect as if enacted in this Act.

31. The [General Officer Commanding, Burma Army,]2 may make regu­lations consistent with this Act and the rules made thereunder providing generally for details connected within, the organization and personnel of the Burma Auxiliary Force, and for the duties, equipment, military training, allowances and leave of enrolled persons.

32. For the purposes of sections 128, 130 and 131 of the Code of Criminal Procedure, all officers, [warrant officer,]3 non-commissioned officers and men liable to perform military service under this Act who have been appointed to a corps or unit shall be deemed to be officers, [warrant officers,]3 non-commissioned officers, and soldiers, respectively, of [the Burma]4 Army.

***FOOT NOTE

1. For rules under this section, see Burma Gazette, 1941, Part I, p. 939.

2. Substituted by Act XX, 1940.

3. Inserted ibid.

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

33. Save as otherwise provided by section 27, no offence under this Act shall be tried save by a Court not inferior to that of a Magistrate of the first class.

34. No enrolled person shall be liable to pay any municipal or other tax in respect of a horse, bicycle, motor-bicycle, motorcar or other means of conveyance, which he is authorized by a general or special order of the competent military authority to maintain in his capacity as a member of the Burma Auxiliary Force.

SCHEDULE I

(See sections 9, 11, 12 and 15.)

TRAINING.

1. Preliminary ----
(a) for infantry ……. ……... 32 days, and annual musketry course as laid down in regulation.
(b) for other branches …… ……. 40 days, and the annual musketry or gun course as laid down in regulations.
2. Periodical ------
(1) Active class ……. …….
(a) for infantry ……. ………… 20 days in each training years, and the annual musketry course as down in regulations.
(b) for other branches ….. …… 20 days in each training years, and the down in regulation.
3. Reserve class ------
(A) Personnel transferred from the
Active Class.
All branches.
The annual weapon training course as authorized in regulations.
(B) Personnel recruited directed to the
Reserve class ----

(a) for infantry …… …
(b) for other branches …. …
As prescribed in item 2 (1) above.

Note. (of section 15). Except during periodical training in camp, a day consists of four hours of actual military drill or action and be made of fraction of a day not more than for in number.

The Burma Code Volume 2: The Burma Official Secrets Act

[INDIA ACT XIX, 1923] (2nd April, 1923)

11. This Act extends to the whole of the Union of Burma, and applies also to all all citizens of the Union and all servants of the Government wherever they may be.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

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

(1) any reference to a place belonging to [the State]1 includes a place occupied by any department of the Government, whether the place is or is not actually vested in [the State]1;

(2) expressions referring to communicating or receiving include any communicating or receiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document, or information itself or the substance, effect or description thereof only be communicated or received; expressions referring to obtaining or retaining any sketch, plan, model, article, note, or document include the copying or causing to be copied of the whole or any part of any sketch, plan, model, article, note, or document ; and expressions referring to the com­munication of any sketch, plan, model, article, note or document include the transfer or transmission of the sketch, pain, model, article, note or document;

(3) "document" includes part of a document;

(4) "model" includes design, pattern and specimen;

(5) "munitions of war" includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms and ammunition, torpedo, or mine intended or adopted for use in war, and any other article, material, or device, whether actual or proposed, intended for such use;

1(6) "office under the Government" includes any office or employment in or under any department of the Government;

(7) "photograph" includes an undeveloped film or plate;

(8) "prohibited place" means —

(a) any work of defense, arsenal, naval, military or air force establishment or station, mine, minefield, camp, ship or aircraft belonging to, or occupied by or on behalf of, [the State]1, any military telegraph or telephone so belonging or occupied, any wireless or signal station or office so belonging or occupied, and any factory, dockyard or other place so belonging or occupied and used for the purpose of building, repairing, making or storing any munitions of war, or any sketches, plans, models or documents relating thereto, or for the purpose of getting any metals, oil or minerals of use in time of war;

(b) any place hot belonging to [the State]1 where any munitions of war or any sketches, models, plans or documents relating thereto, are being made, repaired, gotten or stored under contract with, or with any person on behalf of, [the Government]1;

(c) any place belonging to or used for the purpose of [the State]1 which is for the time being declared by the President of the Union, by notification in the Gazette, to be a prohibited place for the purposes of this Act on the ground that information with respect thereto, or damage thereto, would be useful to an enemy, and to which a copy of the notification in respect thereof has been affixed in [Burmese]1 and in the [language of the locality, if any]1;

(d) any railway, road, way or channel, or other means of communication by land or water (including any works or structures being part thereof or connected therewith) or any place used for gas, water or electricity works or other works for purposes of a public character, or any place where any munitions of war or any sketches, models, plans or documents relating thereto, are being made, repaired or stored otherwise than on behalf of [the State]1, which is

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

for the time being declared by the President of the Union, by notification in the Gazette, to be a prohibited place for the purposes of this Act on the ground that information with respect thereto, or the destruction or obstruction thereof, or interference therewith, would be useful to an enemy, and to which a copy of the notification in respect thereof has been affixed in [Burmese]1 and in the [language of the locality, if any]1;

(9) "sketch" includes any photograph or other mode of representing any place or thing; and

(10) "Superintendent of Police" includes any police-officer of a like or superior rank, and any person upon whom the powers of a Superintendent of Police are for the purposes of this Act conferred by the President of the Union.

3. (1) If any person for any purpose prejudicial to the safety or interests of the State—

(a) approaches, inspects, passes over or is in the vicinity of, or enters, any prohibited place; or

(b) makes any sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy; or

(c) obtains, collects, records or publishes or communicates to any other person any secret official code or password, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy;

he shall be punishable with imprisonment for a term which may extend, where the offence is committed in relation to any work of defense, arsenal, naval, military or air force establishment or station, mine, minefield, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air force affairs of [the State]1 or in relation to any secret official code, to fourteen years and in other cases to three years.

(2) On a prosecution for an offence punishable under this section with imprisonment for a term which may extend to fourteen years, it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the State, and, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case or his conduct or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the State; and if any sketch, plan, model, article, note, document, or information relating to or used in any prohibited place, or relating to anything in such a place, or any secret official code or password is made, obtained, collected, recorded, published or communicated by any person other than a person acting under lawful authority, and from the circumstances of the case or his conduct or his known character as proved it appears that his purpose was a purpose prejudicial to the safety or interests of the State, such sketch, plan, model, article, note, document or information shall be presumed to have been made, obtained, collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of the State.

4. (1) In any proceedings against a person for an offence under section 3, the fact that he has been in communication with, or attempted to communicate with, a foreign agent, whether within or without the Union of Burma, shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety or interests of the State, obtained or attempted to obtain information which is calculated to be or might be, or is intended to be, directly or indirectly, useful to an enemy.

(2) For the purpose of this section, but without prejudice to the generality of the foregoing provision,—

(a) a person may be presumed to have been in communication with a foreign agent if —

(i) he has, either within or without the Union of Burma, visited the address of a foreign agent or consorted or associated with a foreign agent, or

(ii) either within or without the Union of Burma, the name or address of, or any other information regarding a foreign agent has been found in his possession, or has been obtained by him from any other person;

(b) the expression “foreign agent” includes any person who is or has been or in respect of whom it appears that there are reasonable grounds for suspecting him of being or having been employed by a foreign power, either directly or indirectly, for the purpose of committing an act, either within or without the Union of Burma, prejudicial to the safety or interests of the State, or who has or is reasonably suspected of having, either within or without the Union of Burma, committed, or attempted to commit, such an act in the interests of a foreign power;

(c) any address, whether within or without the Union of Burma, in respect of which it appears that there are reasonable grounds for suspecting it of being an address used for the receipt of communications intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, may be presumed to be the address of a foreign agent, and communications addressed to such an address to be communications with a foreign agent.

5. (1) If any person having in his possession or control any secret official code or password or any sketch, plan, model, article, note, document or information which relates to or is used in a prohibited place or relates to anything in such a place, or which has been made or obtained in contravention of this Act, or which has been entrusted in confidence to him by any person holding office under Government, or which he has obtained or to which he has had access owing to his position as a person who holds or has held office under Government, or as a person who holds or has held a contract made on behalf of Government, or as a person who is or has been employed under a person who holds or has held such an office or contract —

(a) willfully communicates the code or password, sketch, plan, model, article, note, document or information to any person other than a person to whom he is authorized to communicate it, or a Court of Justice or a person to whom it is, in the interests of the State, his duty to co­mmunicate it ; or

(b) uses the information in his possession for the benefit of any foreign power or in any other manner prejudicial to the safety of the State ; or

(c) retains the sketch, plan, model, article, note or document in his possession or control when he has no right to retain it, or when it is contrary to his duty to retain it, or willfully fails to comply with all directions issued by lawful authority with regard to the return or disposal thereof ; or

(d) fails to take reasonable care of, or so conducts himself as to endanger the safety of, the sketch, plan, model, article, note, document, secret official code or password or information;

he shall be guilty of an offence under this section.

(2) If any person voluntarily receives any secret official code or password or any sketch, plan, model, article, note, document or information knowing or having reasonable ground to believe, at the time when he receives it, that the code, pass­word, sketch, plan, model, article, note, document or information is communicated in contravention of this Act, he shall be guilty of an offence under this section.

(3) If any person having in his possession or control any sketch, plan, model, article, note, document or information which relates to munitions of war, com­municates it, directly or indirectly, to any foreign power or in any other manner prejudicial to the safety or interests of the State, he shall be guilty of an offence under this section.

(4) A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

6. (1) If any person for the purpose of gaining admission or of assisting any other person to gain admission to a prohibited place or for any other purpose pre­judicial to the safety of the State —

(a) uses or wears, without lawful authority, any naval, military, air force, police or other official uniform, or any uniform so nearly resembling the same as to be calculated to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform ; or

(b) orally, or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes or connives at the making of any false statement or any omission ; or

(c) forges, alters, or tampers with any passport or any naval, military, air force, police, or official pass, permit, certificate, license, or other document of a similar character (hereinafter in this section referred to as an official document) or knowingly uses or has in his possession any such forged, altered, or irregular official document ; or

(d) personates, or falsely represents himself to be, a person holding, or in the employment of a person holding, office under the Government, or to be or not to be a person to whom an official document or secret official code or password has been duly issued or communicated, or with intent to obtain an official document, secret official code or password, whether for himself or any other person, knowingly makes any false statement ; or

(e) uses, or has in his possession or under his control, without the authority of the department of the Government or the authority concerned, any die, seal or stamp of or belonging to, or used, made or provided by, any department of the Government, or by any diplomatic, naval, military or air force authority appointed by or acting under the authority of Government, or any die, seal or stamp so nearly resembling any such die, seal or stamp as to be calculated to receive, or counter­feits any such die, seal or stamp, or knowingly uses, or has in his possession or under his control, any such counterfeited die, seal or stamp

he shall be guilty of arm offence under this section.

(2) If any person for any purpose prejudicial to time safety of the State—

(a) retains any official document, whether or not completed or issued for use, when he has no right to retain it, or when it is contrary to his duty to retain it, or willfully fails to comply within any directions issued by any department of the Government or any person authorized by such department with regard to the return or disposal thereof ; or

(b) allows any other person to have possession of any official document issued for his use alone, or communicates any secret official code or pass­word so issued, or, without lawful authority or excuse, has in his possession any official document or secret official code or password issued for the use of some person other than himself, or, on obtaining possession of any official document by finding or otherwise, willfully fails to restore it to the person or authority by whom or for whose use it was issued, or to a police-officer; or

(c) without lawful authority or excuse, manufactures or sells, or has in his possession for sale, any such die, seal or stamp as aforesaid;

he shall be guilty of an offence under this section.

(3) A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to two years, or within fine, or with both.

(4) The provisions of sub-section (2) of section 3 shall apply, for the purpose of proving a purpose prejudicial to the safety of the State, to any prosecution for an offence under this section relating to the naval, military or air force affairs of State, or to any secret official code, in like manner as they apply, for the purpose of proving a purpose prejudicial to the safety or interests of the State, to prosecutions for offences punishable under that section with imprisonment for a term which may extend to fourteen years.

7. (1) No person in the vicinity of any prohibited place shall obstruct, know­ingly mislead or otherwise interfere with or impede, any police-officer, or any member of the Burma forces engaged on guard, sentry, patrol, or other similar duty in relation to the prohibited place.

(2) If any person acts in contravention of the provisions of this section, he shall be punishable within imprisonment which may extend to two years, or within fine, or with both.

8. (1) It shall be the duty of every person to give on demand to a Superintendent of Police, or other police-officer not below the rank of Inspector empowered bu an Inspector-General or Commissioner of Police in this behalf, or to any member of the Burma forces engaged on guard, sentry, patrol or other similar duty, any information in his power relating to an offence or suspected offence under section 3, or under section 3 read with section 9, and, if so required, and upon tender of his reasonable expenses, to attend at such reasonable time and place as may be specified for the purpose of furnishing such information.

(2) If any person fails to give any such information or to attend as aforesaid, he shall be punishable with imprisonment which may extend to two years, or with fine, or with both.

9. Any person who attempts to commit or abets the commission of an offence under this Act shall be punishable with the same punishment, and be liable to be proceeded against in the same manner, as if he had committed such offence.

10. (1) If any person knowingly harbors any person whom he knows or has reasonable grounds for supposing to be a person who is about to commit or who has committed an offence under section 3, or under section 3 read within section 9, or knowingly permits to meet or assemble in any premises in his occupation or under his control any such persons, he shall be guilty of an offence under this section.

(2) It shall be the duty of every person, having harbored any such person as aforesaid or permitted to meet or assemble in any premises in his occupation or under his control any such persons as aforesaid, to give on demand to a Superintendent of Police, or other police-officer not below the rank of Inspector empowered by an Inspector-General or Commissioner of Police in this behalf, any information in his power relating to any such person or persons, and if any person fails to give any such information, he shall be guilty of an offence under this section.

(3) A person guilty of an offence under this section shall be punishable within imprisonment for a term which may extend to one year, or with fine, or with both.

11. (1) If a Magistrate of the first class or Subdivisional Magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Act has been or is about to be committed, he may grant a search­ warrant authorizing any police-officer named therein, not being below the rank of an officer in charge of a police station, to enter at any time any premises ot place named in the warrant, if necessary, by force, and to search the premises or place and every person found therein, and to seize any sketch, plan, model, article, note or document, or anything of a like nature, or anything which is evidence of an offence under this Act having been or being about to be committed, which he may find on the premises or place or any such person, and with regard to or in connection with which he has reasonable ground for suspecting that an offence under this Act has been or is about to be committed.

(2) Where it appears to a police-officer, not being below the rank of Superinten­dent, that the case is one of great emergency, and that in the interests of the State immediate action is necessary, he may by a written order under his hand give to any police-officer the like authority as may be given by the warrant of a Magistrate under this section.

(3) Where action has been taken by a police-officer under sub-section (2) he shall, as soon as may be, report such action to the District or Subdivisional Magistrate.

12. Notwithstanding anything in the Code of Criminal Procedure —

(a) an offence punishable under section 3 or under section 3 read with section 9 within imprisonment for a term which may extend to fourteen years shall be a cognizable and non-bailable offence;

(b) an offence under clause (a) of sub-section (1) of section 6 shall be a cogniz­able and bailable offence ; and

(c) every other offence under this Act shall be a non-cognizable and bailable offence, in respect of which a warrant of arrest shall ordinarily issue in the first instance.

13. (1) No Court (other than that of a Magistrate of the first class specially empowered in this behalf by the President of the Union) which is inferior to that of a District Magistrate shall try any offence under this Act.

(2) If any person under trial before a Magistrate for an offence under this Act at any time before a charge is framed claims to be tried by the Court of Session, the Magistrate shall, if he does not discharge the accused, commit the case for trial by that Court, notwithstanding that it is not a case exclusively triable by that Court.

(3) No Court shall take cognizance of any offence under this Act unless upon complaint made by order of, or under authority from, the President of the Union, or some officer empowered by the President of the Union in this behalf:

Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that such complaint has not been made, but no further or other proceedings shall be taken until such complaint has been made.

(4) For the purposes of the trial of a person for an offence under this Act, the offence may be deemed to have been committed either at the place in which the same actually was committed or at any place in the Union of Burma in which the offender may be found.

14. In addition and without prejudice to any powers which a Court may possess to order the exclusion of the public from any proceedings, if, in the course of pro­ceedings before a Court against any person for an offence under this Act or the proceedings on appeal, or in the course of the trial of a person under this Act, appli­cation is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the proceedings would be prejudicial to the safety of the State, that all or any portion of the public shall be excluded during any part of the hearing, the Court may make an order to that effect, but the passing of sentence shall inn any case take place in public.

15. Where the person guilty of an offence under this Act is a company or corporation, every director and officer of the company or corporation with whose knowledge and consent the offence was committed shall be guilty of the like offence.

The Burma Code Volume 2: The Burma Reserve Forces Act

1. * * * *

2. The Burma Reserve Forces shall consist of the Regular Reserve and the Supplementary Reserve.

3. A person belonging to the Burma Reserve Forces shall be liable to serve beyond the limits of the Union of Burma as well as within those limits.

4. The President of the Union may make rules and orders for the government, discipline and regulation of the Burma Reserve Forces.

5. Subject to such rules and orders as may be made under section 4, a person belonging to the Burma Reserve Forces shall, as an officer or soldier, as the case may be, be subject to military law in the same manner and to the same extent as a person belonging to the Burma Forces.

6. (1) If a person belonging to the Burma Reserve Forces —

(a) when required by or in pursuance of any rule or order under this Act to attend at any place, fails without reasonable excuse to attend in accordance with such requirement, or

(b) fails without reasonable excuse to comply with any such rule or order, or

(c) fraudulently obtains any pay or other sum contrary to airy such rule or order,

he shall be liable —

(i) on conviction by a Court-martial, to such punishment other than death, transportation or imprisonment for a term exceeding one year as such Court is by the Burma Army Act empowered to award, or

(ii) on conviction by a Magistrate of the first class, to imprisonment for a term which may extend, in the case of a first offence under this section, to six months, and, in the case of any subsequent offence thereunder, to one year.

(2) Where a person belonging to the Burma Reserve Forces is required by or in pursuance of any rule or order under this Act to attend at any place, a certificate purporting to be signed by an officer appointed by such a rule or order in this behalf, and stating that the person so required to attend failed to do so in accordance with such requirement, shall, without proof of the signature or appointment of such officer, be evidence of the matters stated therein.

(3) Any person charged with an air offence under this section may be taken into and kept in either military or civil custody, or partly into and in one description of custody and partly into and in the other, or be transferred from one description of custody to the other.

The Burma Code Volume 2: The Burma Territorial Force Act

1. * * * *

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

“enrolled’’ means enrolled or re-enrolled in the Burma Territorial Force under this Act;

* * * *[i]

“non-commissionned officer’’ means a person holding non-commissioned rank

in the Burma Territorial Force, and includes an acting non-commissioned officer;

* * * *1; and

“prescribed” means prescribed by rides made under this Act.

3. There shall be raised and maintained in the manner hereinafter provided a force to be designated the Burma Territorial Force:

Provided that the President of the Union shall establish all or any of the branches of the Force as circumstances may permit from time to time.

4. (1) The President of the Union may constitute one or more corps or units of the Burma Territorial Force and may disband or reconstitute any corps or unit so constituted.

(2) The President of the Union may constitute for any town or group of towns one or more, urban corps or units of the Burma Territorial Force, to be recruited from persons residing in or near such town or towns, and may disband or reconstitute any corps or unit so constituted.

(3) The President of the Union may constitute a University Corps consisting of one or more Units of the Territorial Force, for the appointment thereto of students of, and other persons connected with the University of Rangoon or colleges affiliated thereto, and may disband or reconstitute any unit so constituted.

14A. * * * *

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

5. (1) [Any citizen of Burma]1 may offer himself for enrolment in the Burma Territorial Force, and any such person who satisfies the prescribed conditions may be enrolled in the prescribed manner for such period, not exceeding six years, as may be prescribed.

(2) An applicant for enrolment may apply to be enrolled for service in any particular branch, corps or unit constituted for the place within which he for the time being resides.

* * * *2

6. (1) Every person enrolled shall without unnecessary delay be appointed in the prescribed manner to a corps o[1]r unit constituted under section 4 for the place in which he for the time being resides.

(2) Any person who has been enrolled for service in any particular branch, corps or unit shall be appointed to a corps or unit of that branch or to that corps or unit, as the case may be.

7. (1) Any person appointed to a corps or unit under section 6 may be transferred, whether on disbandment of the corps or unit or otherwise, to another corps or unit of the Burma Territorial Force, in such manner as may be prescribed.

(2) Nothing contained in sub-section (1) shall be deemed to authorize the transfer without his own consent of any person enrolled to a corps or unit constituted for a place other than that in which he for the time being resides, or of a person enrolled for service in a particular branch to a corps or unit of another branch, or of a person enrolled for service in a particular corps or unit to any other corps or unit.

(3) Any person enrolled may be attached at his own request to any corps or unit of the Burma Territorial Force or to any regular forces.

7A. (1) Any enrolled person who leaves his place for the time being and thereby leaves the place in which the corps or unit in which he is serving is constituted shall, if ire does not intend to return to that place, notify tire prescribed authority in that place of his change of residence.

(2) If such person having intended to return does not return within three months, he shall notify the prescribed authority as aforesaid immediately on the expiry of that period.

(3) The prescribed authority on being notified of a change of residence under sub-section (1) or sub-section (2) may, subject to the provisions of section 7, transfer such person from the corps or unit in which he is serving to another corps or unit.

8. Every person enrolled shall be entitled to receive his discharge from the Burma Territorial Force on the expiration of the period for which he was enrolled, and any such person may, prior to the expiration of that period, be discharged from the said Force by such authority and subject to such conditions as may be prescribed, and shall be so discharged on a recommendation of the Advisory Committee in this behalf:

Provided that no person enrolled who is for the time being engaged in military service under the provisions of this Act shall be entitled to receive his discharge before the termination of such service.

9. (1) Every person enrolled shall, subject to such conditions as may be prescribed, be bound to serve in any corps or unit of the Burma Territorial Force to which he has been appointed or transferred or is for the time being attached, and shall be subject to all rules and regulations that may be made under this Act relating to such corps or unit.

1 Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2 Deleted ibid.

(2) Every person enrolled who has attained the age of eighteen years shall be liable to perform military service —

(a) when called out with any portion of the Burma Territorial Force by an order of the senior military officer present either to act in support of the civil power or to provide guards which, in the opinion of such officer, are essential; or

(b) when any portion of the Burma Territorial Force to which he belongs has been embodied to support or supplement [the Burma Forces]1 in the event of an emergency by a notification directing such embodiment issued by the President of the Union and published in the Gazette; or

(c) when attached at his own request to any regular forces:

Provided that nothing in this sub-section shall apply to persons enrolled in a University Corps.

10. (1) No person embodied under section 9 shall be required to perform military service beyond the limits of the Union of Burma save under a general or special order of the Governor.

(2) Any portion of the Burma Territorial Force which, having been called out or embodied under section 9, is performing military service shall be replaced by regular troops or otherwise as soon as circumstances permit, and shall not be required to perform such service after such replacement has been effected to the satisfaction of the senior military officer in charge or after the cancellation of the order or notification under clause (a) or (b), as the case may be, of section 9.

11. 2(1) * * * *

(2) Every [commissioned officer]1 of the Burma Territorial Force, when doing duty as such officer, shall be subject to the Burma Army Act, and the rules and regulations made thereunder, whereupon the said Act, rules and regulations shall apply to him as if he held the same rank in [the Burma Forces]1 as he holds for the time being in the said force, subject to the terms of his commission and the orders of the President of the Union.

(3) Every non-commissioned officer and man of the Burma Territorial Force, —

(a) when called out or embodied for military service under section 9,

(b) when attached to, or otherwise acting as part of, or with, any regular force, or

(c) when embodied for, or otherwise undergoing, military training in the prescribed manner,

shall be subject to the Burma Army Act, and the rules and regulations made there­under, whereupon the said Act, rules and regulations shall apply to him as if he held the same rank in [the Burma Forces]1 as he holds for the time being in the said force, subject to the orders of the President of the Union:

Provided that the said Act, rules and regulations shall, in their application to such non-commissioned officers and men when embodied for or otherwise undergoing military training, be modified to such extent and in such manner as may be prescribed.

Provided further that non-commissioned officers and men of an urban corps or unit, when undergoing military training without having been embodied for that purpose, and non-commissioned officers and men of a University Corps when under­going training, shall in respect of such training, be subject only to such disciplinary and other rules as may be prescribed.

1 Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2 Deleted ibid.

(4) Where an offence punishable under the Burma Army Act, or, as the case may be, under that Act as modified under sub-section (3), has been committed by any person whilst subject to that Act under the provisions of this section, such person may be taken into and kept inn military custody and tried and punished for such offence, although he has ceased to be so subject as aforesaid, in the manner as he might have been taken into and kept in military custody, tried or punished, if he had continued to be so subject:

Provided that no such person shall be kept in military custody after he has ceased to belong to the Burma Territorial Force, unless he has been taken into or kept in military custody on account of the offence before the date on which he ceased so to belong; nor shall he be kept in military custody or be tried or punished for the offence after the expiry of two months from that date, unless his trial has already commenced before such expiry.

1lA. In addition to, or in substitution for, any punishment or punishments to which he may be liable under the Burma Army Act, [any commissioned officers]1 non-commissioned officer or man of the Burma Territorial Force, not being a member of a University Corps, may be punished, either by a criminal Court or summarily by order of the prescribed authority, for any offence under that Act, with fine which may extend to fifty rupees, to be recovered in such manner and by such authority as may be prescribed:

Provided that no fine shall be summarily inflicted by order of the prescribed authority in any case in which the accused claims to be tried by a criminal Court:

Provided further that no Court inferior to that of a Magistrate of the first class shall try any offence made punishable by or under this Act.

11B. Where [any commissioned officer,]1 non-commissioned officer or man of the Burma Territorial Force is required, by or in pursuance of any rule, regulation or order made under this Act, to attend at any place, a certificate purporting to be signed by the prescribed officer, stating that the person so required to attend failed to do so in accordance with such requirement, shall, without proof of tire signature or appointment of such officer, be evidence of the matters stated therein.

12. (1) The President of the Union shall constitute a Central Advisory Committee to advise him on matters connected with the Territorial Force and a Unit Advisory Committee for each unit.

(2) * * * *

(3) The constitution, powers and procedure of the Advisory Committees shall be such as may be prescribed.

13. (1) The President of the Union may, after previous publication, make rules2 to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may —

(a) prescribe the manner in which, the period for which and the conditions subject to which, persons may be enrolled under section 5;

(b) prescribe the manner in which persons enrolled may be appointed to corps and units under section 6 or transferred under section 7 or section 7A;

(c) prescribe the authorities by which and the conditions subject to which persons enrolled may be discharged under section 8;

1 Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2 For such rules, see Burma Gazette, 1941, Part I, p. 952.

(d) prescribe preliminary and periodical military training, compulsory and voluntary, for any persons or class of persons enrolled and provide for the embodiment of any corps or unit for that purpose;

(e) prescribe the military or other obligations to which members of a University Corps shall be liable when undergoing military training and provide generally for the maintenance of discipline in such cases;

(f) provide for the medical examination of persons offering themselves for enrolment under section 5 ;

(g) provide for and regulate the remuneration, allowances, gratuities or compensation (if any) to be paid to any person or class of persons enrolled or to their dependants ; and

(h) provide for any other matter which under this Act is to be or may be prescribed.

(3) All rules made under this Act shall be published in the Gazette, and on such publication shall have effect as if enacted in this Act.

14. (1) The General Officer Commanding the Forces in the Union of Burma may make regulations consistent with this Act and the rules made thereunder providing generally for all details connected with the organization and personnel of the Burma Territorial Force and for the duties, military training, clothing, equipment, allowances and leave of persons enrolled.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may specify the courses of training or instruction to be followed by any person or class of persons enrolled.

15. For the purposes of sections 128, 130 and 131 of tine Code of Criminal Procedure, all [commissioned officers,]1 non-commissioned officers and men of the Burma Territorial Force who have been appointed to a corps or unit shall be deemed to be [commissioned officers,]1 non-commissioned officers and soldiers, respectively, of [the Burma Army.]1

16. No person shall be liable to pay any municipal or other tax in respect of any horse, bicycle, motor bicycle, motorcar, or other means of conveyance which he is authorized by regulations made under section 14 to maintain in his capacity as a member of the Burma Territorial Force.

1 Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

The Burma Code Volume 2: The Essential Supplies and Services Act

[BURMA ACT XLVII, 1947] (1st August, 1947)

It is hereby enacted as follows: —

1. This Act shall come into force on the first day of August, 1947, and shall remain in force until the President of the Union, by notification, directs that it shall cease to be in force.

2. In this Act, the expression —

(a) "undertaking" means any undertaking by way of trade or business or to provide any public service;

(b) "cattle" means bulls, bullocks, cows, calves, buffaloes (male and female) and buffalo calves.

3. The President of the Union may, so far as appears to him to be expedient for maintaining supplies and services essential to the life of the community, by order provide—

(1) for regulating or prohibiting the production, treatment, keeping, storage, movement, transport, distribution, disposal, acquisition, use or consumption of things of any description;

and, in particular, for prohibiting the withholding from sale, either generally or to specified persons, of things kept for sale, and for requiring things kept for sale to be sold either generally or to specified persons or classes of persons or in specified circumstances;

1(1A) for regulating or prohibiting or restricting the hire or charter of aircraft or for regulating the loading of, or for prohibiting or restricting the carriage of goods by, any aircraft;

2(1B) for controlling the use or disposal of, or dealings in, coin which is legal tender in the Union of Burma;

3(1C) for regulating or prohibiting the use, keeping, movement or disposal of animals employed in connection with any timber industry;

4(1D) for providing or regulating water supply and environmental sanitation in rural areas;

5(1E) for providing or regulating the business of taking goods and cattles in pawn for loans of money;

(2) for controlling the prices or rates at which things of any description may be sold or hired;

(3) for controlling the rates at which any vessel registered in the Union of Burma may be hired and the rates at which persons or goods may be carried in or on any such vessel;

(4) for regulating the letting and sub-letting in any are of residential accommodation, whether furnished or unfurnished and whether­ with or without board, and, in particular,—

(i) for controlling the rents for such accommodation;

(ii) for preventing the unreasonable eviction of tenants and sub-tenants from such accommodation; and

(iii) for requiring such accommodation to be let either generally, or to specified persons or classes of persons, or in specified circumstances;

(5) for regulating the carrying on of any undertaking engaged in, or capable of doing, work appearing to the President of the Union essential to any of the abovementioned purposes, and, in particular,—

(i) for requiring work to be done by an undertaking;

(ii) for determining the order of priority in which, and the period or periods within winch, work shall be done by an undertaking;

(iii) for controlling or fixing the charges which may be made by the undertakers in respect of the doing of any work by them;

(iv) for requiring, regulating or prohibiting the engagement in the undertaking, of any employee or any class of employees;

(v) for requiring any person or class of persons engaged in such work to reside in and remain within any place specified in the order, and to continue to perform such work or such other work of the same nature as may be directed by an authority specified in the order;

(vi) for requiring the undertaking to provide adequate safeguards against sabotage, theft, fire or other accident;

(6) for requiring persons carrying on any undertaking to keep such books, accounts and records relating to the undertaking and to employ such accounting and auditing staff, as may be specified in the order;

Foot Note; 1. Inserted by Acts XV and XXVI, 1950.

2. Inserted by Act XIV, 1950.

3. Inserted, Act XLIX, 1950.

4. Inserted by Act V, 1953.

5. Inserted by Act II, 1954.

(7) for requiring persons carrying on, or employed in connection with, any undertaking to produce to such authority as may be specified in the order any books, accounts or other documents relating to the undertakings; and for requiring such persons to furnish to such authority as may be specified in the order such estimates, returns, or other information relating to the undertaking as may be specified in the onder or demanded thereunder;

1(7A) for requiring measures to be taken, as may be specified therein, by any person or persons for the purpose of preventing loss of any supplies or money or valuable securities, belonging to or in the possession or under the control of or payable to the Civil Supplies Department, and for empowering any such persons to persons to arrest without warrant;

(8) for any incidental and supplementary matters for which the President of the Union thinks it expedient for the purposes of the order to provide, including, in particular, the entering and inspection of premises to which the order relates with a view to securing compliance with the order;

and an order under this Act may prohibit the doing of anything regulated by the order except under, and in accordance with the conditions of, a licence granted by such authority as may be specified in the order, and may be made so as to apply either to person or undertakings generally or to any particular person or undertaking or class of persons or undertakings, and either to the whole or to any part of any undertaking, and so as to have effect either generally or in any particular area.

4. It it appears to the president of the Union that for maintaining supplies and services essential to the life of the community, it is necessary to exercise control over the whole or any part of an existing undertaking, the President of the Union may by order authorized any person (herinafter referred to as an "authorized controller") to exercise, with respect to the undertaking or any part thereof specified in the order, such functions of control as may be provided by the order, and so long as an order made under this section is in force with respect to any undertaking or part of an undertaking —

(1) the authorized controller shall exercise his functions in accordance with any instructions given to him by the President of the Union, so, however, that he shall not have power to give any directions inconsistent with the provisions of any Act other instrument determining the functions of the undertakers except in so far as may be specifically provided by the order; and

(2) the undertaking or the part shall be carried on in accordance with any directions given by the authorized controller in accordance with the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions.

5. (1) If in the opinion of the President of the Union it is expedient so to do for securing the public safety, the maintenance of public order, or for maintaining supplies and services essential to the life of the community, the President of the Union may by order in writing requisition any animal, product, or thing, and may make such further orders as appear to the President of the Union to be expedient in connection with the requisitioning.

Foot Note: 1. Inserted by Act LXI, 1947.

(2) Where the President of the Union has requisitioned any animal, product, or ting under sub-section (1), the President of the Union may use or deal with the animal, product or thing in such manner as may appear to him to be expedient, and may acquire it by serving on the owner thereof a notice stating that the President of the Union has acquired it under this Act.

Where such notice of acquisition is served on the owner of the animal, product, or thing, then, at the beginning of the day on which the notice is served, the animal, product or thing shall vest in the President of the Union free from any mortgage, pledge, lien or other similar obligation, and the period of the requisition thereof shall end.

1(3) Whenever in pursuance of sub-section (1) or sub-section (2) the President of the Union requisitions or acquires any animal, product or thing, the owner thereof shall be paid compensation to such extent as may be determined in accordance with the provisions which the President of the Union shall, by special or general order, prescribe.

(4) The President of the Union may, with a View to the requisition of any animal, product or thing, or the determining of the compensation payable in respect of a any animal, product or thing which has been requisitioned, by order—

(i) require any person to furnish to such authority as may be specified in the order such information in his possession relating to the animal, product or thing as may be so specified;

(ii) direct that the owner, ar person in possession, of the animal, product or thing shall not, without the permission of the President of the Union, dispose of it till the expiry of such period as may be specified in the order,

6. The President of the Union may, if in his opinion it is expedient so to do for the purpose of maintaining supplies and services essential to the life of the community, by order, prohibit or restrict, or impose conditions upon, the slaughter of cattle and sale of meat of cattle in the Union of Burma or in any area thereof.

7. The President of the Union may by order direct that any power or duty which is conferred or imposed on him by this Act shall in such circumstances and under such conditions, iflany, as may be specified in the direction be exercised or discharged —

(a) by any officer or authority subordinate to the President of the Union, or

(b) by any other authority.

8. (1) Whoever contravenes any provision of any order, or direction issued under any order, made under sections 3, 4 and 5 of this Act shall be punishable with imprisonment which may extend to three years, or with fine which may extend to one thousand rupees, or with both.

2(2) All things in respect if which an offence punishable under sub-section (1) has been committed shall be liable to confiscation by order of the Court trying the offence.

The receptacles, packages and coverings of such things, and the vessel, vehicle or mens of transport used for the conveyance thereof shall also be liable to confiscation unless the owner proves that he had no reason to believe that such an offence was being or was likely to be committed.

(3) If any person contravenes any order made under section 6 of this Act, he shall be punishable with imprisonment for a term which may extend to six month, or with fine which may extend to two hundred rupees, or with both.

Foot Note: 1. Substituted by Act XXI, 1953.

2. Amended by Act LXI, 1974,

1(4) In any prosecution under sub-section (1) relating to a violation of any direction made under any order issued under section 3, the burden of proving that he has acquired lawfully, or has come into authorized possession of an essential commodity, shall lie on the person in whose possession such commodity is found.

Explanation. — A person shall be deemed to have acquired or to have come into lawfully, possession of an essential commodity only if such acquisition or possession is permitted under a general or special licence issued by the Commis­sioner of Civil Supplies or by an officer or officers authorized by him in his behalf.

29. The following orders shall be deemed to continue to be in force as if the said orders had been made under the provisions of this Act: —

(a) The Burma Rationing (Preparatory Measures) Order, 1946.

(b) The Burma Rationing Order, 1946.

(c) The Civil Supplies Order, 1947.

(d) The Paper Control Order, 1947.

(e) The Inland Water Transport Order, 1946.

(f) Compulsory Declaration of Paddy and Rice Stocks Order, 1946.

3(g) The Road Transport Order, 1947.

10. No suit, prosecution or other proceedings shall be instituted in any Court against any person or person in respect of anything in good faith done or intended to be done under the provisions of this Act or any Order made under this Act.

The Burma Code Volume 2: The Explosive Substances Act

[INDIA ACT VI, 1908] (8th June, 1908)

11. This Act extends to the whole of the Union of Burma and applies also to all citizens of the Union and all servants of the Government wherever they may be.

2. In this Act, the expression “explosive substance” shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, on intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement.

3. Any person who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with transportation for life or any shorter term, to which fine may be added, or with imprisonment for a term which may extend to ten years, to which fine may be added.

4. Any person who unlawfully and maliciously —

(a) does any act with intent to cause by an explosive substance, or conspires to cause by an explosive substance, an explosion in the Union of Burma of a nature likely to endanger life or to cause serious injury to property ; or

(b) makes on has in his possession or under his control any explosive substance with

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

intent by means thereof to endanger life, or cause serious injury to property in the Union of Burma, or to enable any other person by means thereof to endanger life or cause serious injury to property in the Union of Burma;

shall, whether any explosion does or does not take p1ace and whether any injury to or property has been actually caused or not, be punished with transportation for a term which may extend to twenty years, to which fine may be added, or with imprisonment for a term which may extend to seven years, to which fine may be added.

5. Any person who makes or knowingly has in his possession on under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be punishable with transportation for a term which may extend to fourteen years, to which fine may be added, or with imprisonment for a term which may extend to five years, to which fine may be added.

6. Any person who by the supply of on solicitation for money, the providing of premises, the supply of materials, or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to, the commission of any offence under this Act shall be punished with the punishment provided for the offence.

7. No Court shall precede to the trial of any person for an offence against this Act except with the consent of the President of the Union.

The Burma Code Volume 2: The Naval Armament Act

[INDIA ACT VII, 1923] (10th November 1923]

WHEREAS it is expedient to give effect in the Union of Burma to the Treaty for the Limitation of Naval Armament and for the Exchange of Information concerning Naval Construction signed in London on behalf of His Britannic Majesty on the twenty-fifth day of March, 1936; It is hereby enacted as follows: —

1. * * * *

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

(a) ‘‘competent Court’’ means the High Court or such other Court having unlimited original civil jurisdiction as the President of the Union may declare to be a competent Court for the purposes of this Act;

(b) “ship’’ means any boat, vessel, battery or craft, whether wholly or partly constructed, which is intended to float or is capable of floating on water, and includes all equipment belonging to any ship ; and

(c) ‘‘the Treaty’’ means the Treaty for the Limitation of Naval Armament and for the Exchange of Information concerning Naval Construction signed in London on behalf of His Majesty on the twenty-fifth day of March, 1936.

3. No person shall, except under and in accordance with the conditions of a license granted under this Act, —

(a) build any vessel of war, or alter, arm or equip any ship so as to adapt her for use as a vessel of war ; or

(b) dispatch or deliver, or allow to be dispatched or delivered, from any place in the Union of Burma any ship which has been, either wholly or partly, built, altered, armed or equipped as a vessel of war in any part of His Britannic Majesty’s Dominions or in a State in India or Pakistan otherwise than under and in accordance with any law for the time being in force in that part or State.

4. (1) A license under this Act for any of the purposes specified in section 3 may be granted by the President of the Union, and shall not be refused unless it appears to the President of the Union that such refusal is necessary for the purpose of securing the observance of the obligations imposed by the Treaty; and, where a license is granted subject to conditions, the conditions shall be such only as the President of the Union may think necessary for the purpose aforesaid.

(2) An application for a license under this section shall be in such form and shall be accompanied by such designs and particulars as the President of the Union may, by general or special order, require.

5. (1) If any person contravenes any of the provisions of section 3, he shall be punishable with imprisonment for a term, which may extend to two years, or with fine, which may extend to one thousand rupees, or with both.

(2) Where an offence punishable under sub-section (1) has been committed by a company or corporation, every director and manager of such company or corpora­tion shall be punishable thereunder unless he proves that the act constituting the offence took place without his knowledge and consent.

(3) Nothing contained in section 517 or section 518 or section 520 of the Code of Criminal Procedure shall be deemed to authorize the destruction or confiscation under the order of any criminal Court of any ship, which is liable to forfeiture under this Act or of any part of such ship.

6. Any ship which has been, either wholly or partly, built, altered, armed, or equipped as a vessel of war in the Union of Burma in contravention of section 3, or in any part of His Britannic Majesty’s Dominions or in India or Pakistan in contravention of any like provision of law in force in that part or India or Pakistan, shall, if found in the Union of Burma, be liable to forfeiture under this Act.

7. (1) Where a Ship is liable to forfeiture under this Act, —

(a) any Magistrate of the first class, or

(b) any commissioned officer on full pay in the military, naval or air service of the Government, or

(c) any officer of customs or police-officer not below such rank as may be designated in this behalf by the President of the Union,

may seize such ship and detain it, and, if the ship is found at sea within the territorial waters of the Union of Burma, may bring it to any convenient port in the Union of Burma.

(2) Any officer taking any action under sub-section (1) shall forthwith report the same through his official superiors to the President of the Union.

(3) The President of the Union shall, within thirty days of the seizure, either cause the ship to be released or make or cause to be made, in the manner hereinafter provided, an application for the forfeiture thereof, and may make such orders for the temporary disposal of the ship as he thinks suitable.

8. (1) An application for the forfeiture of a ship under this Act may be made by or under authority from the President of the Union to any competent Court within the local limits of whose jurisdiction the ship is for the time being.

(2) On receipt of any such application, the Court shall cause notice thereof and of the date fixed for the hearing of the application to be served upon all persons appearing to it to have an interest in the ship, and may give such directions for the temporary disposal of the ship as it thinks fit.

(3) For the purpose of disposing of an application under this section, the Court shall have the same powers and follow, as nearly as may be, the same procedure as it respectively has and follows for the purpose of the trial of suits under the Code of Civil Procedure and any order made by the Court under this section shall be deemed to be a decree, and the provisions of the said Code in regard to the execu­tion of decrees shall, as far as they are applicable, apply accordingly.

(4) Where the Court is satisfied that the ship is liable to forfeiture under this Act, it shall pass an order forfeiting the ship to the Government.

Provided that, where any person having an interest in the ship proves to the satisfaction of the Court that he has not abetted, or connived at, or by his negligence facilitated in any way, a contravention of section 3 in respect of the ship, and such ship has not been built as a vessel of war, it may pass such other order as it thinks fit in respect of the ship or, if it be sold, of the sale proceeds thereof:

Provided further, that in no case shall any ship which has been altered, armed or equipped as a vessel of war be released until it has been restored, to the satisfaction of the President of the Union, to such condition as not to render it liable to forfeiture under thus Act.

(5) The President of the Union or any person aggrieved by any order of a Court, other than the High Court, under this section may, within three months of the date of such order, appeal to the High Court.

9. Where a ship has been forfeited to the Government under section 8, it may be disposed of in such manner as the President of the Union directs:

Provided that, where the ship is sold under this section, due regard shall be had to the obligations imposed by the Treaty.

10. If in any trial, appeal or other proceeding under the foregoing provisions of this Act, any question arises as to whether a ship is a vessel of war or whether any alteration, arming or equipping of a ship is such as to adapt it for use as a vessel of war, the question shall be referred to and determined by the President of the Union, whose decision shall be final and shall not be questioned in any Court.

11. (1) Where a ship which has been seized or detained under section 7 or section 8 and has not been released by competent authority under this Act proceeds to sea, the master of the ship shall be punishable with fine which may extend to one thousand rupees, and the owner and any person who sends the ship to sea shall be likewise so punishable unless such owner or person proves that the offence was committed without his knowledge and consent.

(2) Where any ship so proceeding to sea takes to sea, when on board thereof in the execution of his duty, any officer empowered by this Act to seize and detain the ship, the owner and master shall further each be liable, on the order of the Court trying an offence punishable under sub-section (1), to pay all the expenses of and incidental to such officer being taken to sea, and shall further be punishable with fine which may extend to one hundred rupees for every day until such officer returns or until such time as would enable him after leaving the ship to return to the port from which he was taken.

(3) Any expenses ordered to be paid under sub-section (2) may be recovered in the manner provided in the Code of Criminal Procedure for the recovery of a fine.

12. (1) Any person empowered by this Act to seize and detain any ship may, at any reasonable time by day or night, enter any dockyard, shipyard or other place and make inquiries respecting any ship which he has reason to believe is liable to forfeiture under this Act, and may search such ship with a view to ascertaining whether the provisions of this Act have been or are being duly observed in respect thereof, and every person in charge of or employed in such place shall on request be bound to give the person so empowered all reasonable facilities for such entry and search and for making such inquiries.

(2) The provisions of sections 101, 102 and 103 of the Code of Criminal Procedure shall apply in the case of all searches made under this section.

13. No Court inferior to that of a Magistrate of the first class shall proceed to the trial of any offence punishable under this Act, and no Court shall proceed to the trial of any such offence except on complaint made by, or under authority from, the President of the Union.

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

The Burma Code Volume 2: The Press (Emergency Powers) Act

[INDIA ACT XXIII, 1931] (9th October, 1931)

1. * * * *

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

(1) “book” includes every volume, part or divisions of a volume, pamphlet and leaflet, in any language, and every sheet of music, map, chart or plan separately printed or lithographed;

(2) “document” includes also any painting, drawing or photograph or other visible representation;

(3) * * * *

(4) “Magistrate” means a District Magistrate

(5) “newspaper” means any periodical work containing public news or comments on public news;

(6) “news-sheet” means any document other than a newspaper containing public news or comments on public news or any matter described in sub-section (1) of section 4;

(7) “press” includes a printing-press and all machines, implements and plant and parts thereof and all materials used for multiplying docu­ments;

(8) “printing-press” includes all engines, machinery, types, lithographic stotnes, implements, utensils and other plant or materials used for the purpose of printing;

(9) “unauthorised newspaper” means —

(a) any newspaper in respect of which there are not for the time being valid declarations under section 5 of the Press (Registration) Act, and

(b) any newspaper in respect of which security has been required under this Act, but has not been furnished as required;

(10) “unauthorised news-sheet” means any news-sheet other than a news-sheet published by a person authorized under section 15 to publish it ; and

(11) “undeclared press” means any press other than a press in respect of which there is for the time being a valid declaration under section 4 of the Press (Registration) Act.

CONTROL OF PRINTING-PRESSES AND NEWSPAPERS

3. (1) Any person keeping a printing-press who is required to make a declaration under section 4 of the Press (Registration) Act may be required by the Magistrate before whom the declaration is made, for reasons to be recorded in writing, to deposit with the Magistrate within ten days from the day on which the declarations is made security to such an amount, not being more than one thousand rupees, as the Magistrate may in each case think fit to require, in money or the equivalent thereof in securities of the Government of the Union of Burma or the Government of India or Pakistan as the person making the deposit may choose:

Provided that if a deposit has been required under sub-section (3) from any previous keeper of the printing-press, the security which may be required under this sub-sections may amount to three thousand rupees.

(2) Where security required under sub-section (1) has been deposited in respect of any printing-press, and for a period of three months from the date of the declara­tion mentioned in sub-section (1) no order is made by the President of the Union under section 4 in respect of such press, the security shall, on application by the keeper of the press, be refunded.

(3) Whenever it appears to the President of the Union that any printing-press kept in any place in the Union of Burma, in respect of which security under the provisions of this Act has not been required, or having been required has been refunded under sub-­section (2), is used for the purpose of printing or publishing any newspaper, book or other document containing any words, signs or visible representations of the nature described in section 4, sub-section (1), the President of the Union may, by notice in writing to the keeper of the press stating or describing such words, signs or visible representations, order the keeper to deposit with the Magistrate within whose jurisdictions the press is situated security to such an amount, not being less than five hundred or more than three thousand rupees, as the President of the Union may think fit to require, in money or the equivalent thereof in securities of the Government of the Union of Burma or the Government of India as the person making the deposit may choose.

(4) Such notice shall appoint date, not being sooner than the tenth day after the date of the issue of the notice, on or before which the deposit shall be made.

4. (1) Whenever it appears to the President of the Union that any printing-press in respect of which any security has been ordered to be deposited under section 3 is used for the purpose of printing or publishing any newspaper, book or other document containing any words, signs or visible representations which —

(a) incite to or encourage, or tend to incite to or to encourage, the commission of any offence of murder or any cognizable offence involving violence, or

(b) directly or indirectly express approval or admiration of any such offence, or of any person, real or fictitious, who has committed or is alleged or represented to have committed any such offence,

or which tend, directly or indirectly,—

(c) to seduce any officer, soldier, sailor or airman in the military, naval or air forces or any police-officer from his allegiance or his duty, or

1(d) to bring into hatred or contempt the Government estab­lished by law in the Union of Burma or the administration of justice in the Union of Burma or any class or section of persons resident in the Union of Burma or to excite disaffection towards the said Government, or

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

(e) to put any person in fear or to cause annoyance to him and thereby induce him to deliver to any person any property or valuable security or to do any act which he is not legally bound to do, or to omit to do any act which he is legally entitled to do, or

(f) to encourage or incite any person to interfere with the administration of the law or with the maintenance of law and order, or to commit any offence, or to refuse or defer payment of any land-revenue, tax, rate, cess or other due or amount payable to Government or to any local authority, or any rent of agricultural lad or anything recoverable as arrears of or along with such rent, or

(g) to induce a public servant or in servant of a local authority to do any act or to forbear or delay to do any act connected with the exercise of his public functions or to resign his office, or

(h) to promote feelings of enmity or hatred between different classes of [persons resident in the Union of Burma]1, or

(i) to prejudice the recruiting of persons to serve in any of the Burma forces, or its any police force, or to prejudice the training, discipline or administration of any such force, or

2(j) * * * *

the President of the Union may, by notice in writing to the keeper of such printing-press, stating or describing the words, signs or visible representations which in his opinions are of the nature described above,—

(i) where security has been deposited, declare such security, or any portion thereof, to be forfeited to [the State]1, or

(ii) where security has not been deposited, declare the press to be forfeited to [the State]1,

and may also declare all copies of such newspaper, book or other document wherever found in the Union of Burma to be forfeited to [the State]1.

Explanation 1.— No expression of approval or admiration made in a historical or literary work shall be deemed to be of the nature described in this sub-section unless it has the tendency described in clause (a).

Explanation 2.— Comments expressing disapprobation of the measures of the Government or Administration with view to obtain their alteration by lawful means without exciting or attempting to excite hatred, contempt or disaffection shall not be deemed to be of the nature described in clause (d) * * *2 of this sub-section.

Explanation 3.— Comments expressing disapprobation of the administrative or other action of the Government or Administrations without exciting or attempting to excite hatred, contempt or disaffection shall not be deemed to be of the nature described in clause (d) * * *2 of this sub-sections.

Explanation 4.— Words pointing out, without malicious intentions and with an honest view to their removal, matters which are producing or have a tendency to produce feelings of enmity or hatred between different classes of [persons resident of in the Union of Burma]1 shall not be deemed to be words of the nature described in clause (h) of this sub-section.

* * * *3

(2) After the expiry of ten days from the date of the issue of a notice under sub-section (1) declaring a security, or any portion thereof, to be forfeited, the declarations made in respect of such press under section 4 of the Press (Registration) Act shall be deemed to be annulled.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2. Deleted ibid.

3. Explanation 5 was deleted ibid.

5. (1) Where the security given in respect of any press, or any portion thereof, has been declared forfeited under section 4 or section 6, every person making a fresh declarations in respect of such press under section 4 of the Press (Registrations) Act shall deposit with the Magistrate before whom such declaration is made security to such an amount, not being less than one thousand or more than ten thousand rupees, as the Magistrate may think fit to require, in money or the equivalent thereof in securities of the Government of the Union of Burma or the Government of India or Pakistan as the person making the deposit may choose.

(2) Where a portion only of the security given in respect of such press has been declared forfeited under section 4 or section 6, any unforfeited balance still in deposit shall be taken as part of the amount of security required under sub-section (1).

6. (1) If, after security has been deposited under sections 5, the printing-press is again used for the purpose of printing or publishing any newspaper, book or other document containing any words, signs or visible representations which, in the opinion of the President of the Union may, are of the nature described in section 4, sub-section (1), the President of the Union may, by notice in writing to the keeper of such printing-press stating or describing such words, signs or visible representations, declare —

(a) the further security so deposited, or any portions thereof, and

(b) all copies of such newspaper, book or other document wherever found in the Union of Burma,

to be forfeited to [to the State]1.

(2) After the expiry of tens days from the issue of a notice under sub-section (1), the declaration made in respect of such press under section 4 of the Press (Registration) Act shall be deemed to be annulled.

7. (1) Any publisher of a newspaper who is required to make a declaration under section 5 of the Press (Registration) Act may be required by the Magistrate before whom the declaration is made, for reasons to be recorded in writing, to deposit with the Magistrate within ten days from the day on which the declaration is made security to such an amount, not being more than one thousand rupees, as the Magistrate may in each case think fit to require, in money or the equivalent thereof in securities of the Government of the Union of Burma or the Government of India or Pakistan as the person making the deposit may choose:

Provided that if a deposit has been required under sub-sections (3) from any previous publisher of the newspaper, the security which may be required under this sub-section may amount to three thousand rupees.

(2) Where security required under sub-section (1) has been deposited in respect of any newspaper, and for a period of three months from the date of the declaration mentioned in sub-sections (1) no order is made by the President of the Union under section 8 in respect of such newspaper, the security shall, on applications by the publisher of the newspaper, be refunded.

(3) Whenever it appears to the President of the Union that a newspaper punished in the Union of Burma, in respect of which security under the provisions of this Act has not been required, or having been required has been refunded under sub-section (2), contains any words, signs or visible representations of the nature described in section 4, sub-section (1), the President of the Union may, by notice in writing to the publisher of such newspaper, stating or describing such words, signs or visible representations, require the publisher to deposit with the Magistrate within whose jurisdictions the newspaper is published security to such an amount, not being less than five hundred or more than three thousand rupees, as the President of the Union may think fit to require, in money or the equivalent thereof in securities of the Union of Burma or the Government of India or Pakistan as the person making the deposit may choose.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

(4) Such notice shall appoint a date, not being sooner than the tenth day after the date of the issue of the notice, on or before which the deposit shall be made.

8. (1) If any newspaper in respect of which any security has been ordered to be deposited under section 7 contains any words, signs or visible representations which, in the opinions of the President of the Union, are of the nature described in sections 4, sub­-sections (1), the President of the Union may, by notice in writing to the publisher of such newspaper, stating or describing such words, signs or visible representations,—

(a) where the security has been deposited, declare such security, or any portion thereof, to be forfeited to [the State]1, or

(b) where the security has not been deposited, annul the declarations made by the publisher of such newspaper under section 5 of the Press (Registrations) Act,

and may also declare all copies of such newspaper wherever found in the Union of Burma to be forfeited to [the State]1.

(2) After the expiry of tens days from the date of the issue of a notice under sub-sections (1) declaring a security, or any portion thereof, to be forfeited, the declarations made by the publisher of such newspaper under section 5 of the Press (Registration) Act shall be deemed to be annulled.

9. (1) Where the security given in respect of any newspaper, or any portions thereof, is declared forfeited under section 8 or sections 10, any person making a fresh declaration under section 5 of the Press (Registration) Act as publisher of such newspaper, or any other newspaper which is the same in substance as the said newspaper, shall deposit with the Magistrate before whom the declaration is made security to such an amount, not being less than one thousand or more than ten thousand rupees, as the Magistrate may think fit to require, in money or the equivalent thereof in securities of the Government of the Union of Burma or the Government of India or Pakistan as the person making the deposit may choose.

(2) Where a portion only of the security given its respect of such newspaper has been declared forfeited under sections 8 or section 10, any unforfeited balance still in deposit shall be taken as part of the amount of security required under sub-sections (1).

10. (1) If, after security has been deposited under sections 9, the newspaper again contains any words, signs or visible representations which, in the opinion of the President of the Union, are of the nature described in section 4, sub-section (1), the President of the Union may, by notice in writing to the publisher of such newspaper, stating or describing such words, signs or visible representations, declare —

(a) the further security so deposited, or any portion thereof, and

(b) all copies of such newspaper wherever found in the Union of Burma, to be forfeited to [the State]1.

(2) After the expiry of ten days from the date of the issue of a notice under sub-section (1), the declaration made by the publisher of such newspaper under section 5 of the Press (Registration) Act shall be deemed to be annulled and no further declarations in respect of such newspaper shall be made save with the per­mission of the President of the Union.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

11. (1) Whoever keeps in his possessions a press which is used for the printing of books or papers without making a deposit under sections 3 or section 5, as required by the President of the Union or the Magistrate, as the case may be, shall on conviction by a Magistrate be liable to the penalty to which he would be liable if he had failed to make the declaration prescribed by section 4 of the Press (Registrations) Act.

(2) Whoever publishes any newspaper without making a deposit under section 7 or section 9, as required by the President of the Union or the Magistrate, as the case may be, or publishes such newspaper knowing that such security has not been deposited, shall on conviction by a Magistrate be liable to the penalty to which he would be liable if he had failed to make the declaration prescribed by sections 5 of the Press (Registration) Act.

12. (1) Where a deposit is required from the keeper of a printing-press under section 3, such press shall not be used for the printing or publishing of any newspaper, book or other document after the expiry of the time allowed to make the deposit until the deposit has been made, and where deposit is required from the keeper of a printing-press under sections 5, such press shall not be so used until the deposit has been made.

(2) Where any printing-press is used in contravention of sub-section (1), the President of the Union may, by notice in writing to the keeper thereof, declare the press to be forfeited to [the State]1.

(3) Where a deposit is required from the publisher of a newspaper under section 7 and the deposit is not made within the time allowed, the declarations made by the publisher under section 5 of the Press (Registration) Act shall be deemed to be annulled.

13. Where any person has deposited any security under this Act and ceases to keep the press in respect of which such security was deposited, or, being a publisher, makes a declaration under section 8 of the Press (Registration) Act, he may apply to the Magistrate within whose jurisdiction such press is situate for the returns of the said security; and thereupon such security shall, upon proof to the satisfaction of the Magistrate and subject to the provisions hereinbefore contained, be returned to such person.

14. Where any printing-press is, or any copies of any newspaper, book or other document are, declared forfeited to [the State]1 under section 4, section 6, section 8, section 10 or section 12, the President of the Union may direct a Magistrate to issue a warrant empowering any police-officer, not below the rank of sub-inspector, to seize and detain any property ordered to be forfeited and to enter upon and search for such property in any premises —

(i) where any such property may be or may be reasonably suspected to be, or

(ii) where any copy of such newspaper, book or other document is kept for sale, distribution, publication or public exhibitions or is reasonably suspected to be so kept.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

UNAUTHORIZED NEWS-SHEETS AND NEWSPAPERS

15. (1) The Magistrate may, by order in writing and subject to such conditions as he may think fit to impose, authorise any person by name to publish a news­-sheet, or to publish news-sheets from time to time.

(2) A copy of an order under sub-sections (1) shall be furnished to the persons thereby authorised.

(3) The Magistrate may at any time revoke an order made by him under sub-sections (1).

16. (1) Any police-officer, or any other persons empowered in this behalf by the President of the Union, may seize any unauthorised news-sheet or unauthorised newspaper, wherever found.

(2) Any District Magistrate, Subdivisional Magistrate or Magistrate of the first class may by warrant authorise any police-officer not below the rank of sub-inspector to enter upon and search any place where any stock of unauthorised news-­sheets or unauthorised newspapers may be or may be reasonably suspected to be, and such police-officer may seize any documents found in such place which, in his opinion, are unauthorised news-sheets or unauthorised newspapers.

(3) All documents seized under sub-section (1) shall be produced as soon as may be before a District Magistrate, Subdivisional Magistrate or Magistrate of the first class, and all documents seized under sub-section (2) shall be produced as soon as may be before the Court of the Magistrate who issued the warrant.

(4) If, in the opinion of such Magistrate or Court, any of such documents are unauthorised news-sheets or unauthorised newspapers, the Magistrate or Court may cause them to be destroyed. If, in the opinion of such Magistrate or Court, any of such documents are not unauthorised news-sheets or unauthorised newspapers, such Magistrate or Court shall dispose of them in the manner provided in sections 523, 524 and 525 of the Code of Criminal Procedure.

17. (1) Where a District Magistrate or Subdivisional Magistrate has reason to believe that an unauthorised news-sheet or unauthorised newspaper is being produced from an undeclared press within the limits of his jurisdictions, he may by warrant authorise any police-officer not below the rank of sub-inspector to enter upon and search any place wherein such undeclared press may be or may be reasonably suspected to be, and if, in the opinion of such police-officer, any press found in such place is an undeclared press and is used to produce an unauthorised news-sheet or unauthorised newspaper, he may seize such press and any documents found in the place which in his opinion are unauthorised news-sheets or unauthorised newspapers.

(2) The police-officer shall make a report of the search to the Court which issued the warrant and shall produce before such Court, as soon as may be, all property seized:

Provided that where any press which has been seized cannot be readily removed, the police-officer may produce before the Court only such parts thereof as he may think fit.

(3) If such Court, after such inquiry as it may deem requisite, is of opinion that a press seized under this section is an undeclared press which is used to produce an unauthorised news-sheet or unauthorised newspaper, it may, by order in writing, declare the press to be forfeited to [the State]1. If, after such inquiry, the Court is not of such opinion, it shall dispose of the press in the manner provided in sections 523, 524 and 525 of the Code of Criminal Procedure.

(4) The Court shall deal with documents produced before it under this section in the manner provided in sub-section (4) of section 16.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

18. (1) Whoever makes, sells, distributes, publishes or publicly exhibits or keeps for sale, distributions or publication, any unauthorised news-sheet or news­paper shall be punishable with imprisonment winch may extend to six months, or with fine, or with both.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, any offence punishable under sub-section (1), and any abetment of any such offence, shall be cognizable.

SPECIAL PROVISIONS RELATING TO THE SEIZURE OF CERTAIN DOCUMENTS

19. Where any newspaper, book or other document wherever made appears to the President of the Union to contain any words, signs or visible representations of the nature described in section 4, sub-section (1), the President of the Union may, by notification in the Gazette, stating the grounds of his opinion, declare every copy of the issue of the newspaper, and every copy of such book on other document to be forfeited to [the State]1, and thereupon any police-officer may seize the same wherever found in the Union of Burma, and may Magistrate may by warrant authorise any police-officer not below the rank of sub-inspector to enter upon and search for the same in any premises where may copy of such issue or any such book or other document may be or may be reasonably suspected to be.

20. The Chief Customs-officer or other officer authorised by the President of the Union in this behalf may detain any package brought, whether by land, sea or air, into the Union of Burma which he suspects to contain any newspapers, books or other documents of the nature described in section 4, sub-sections (1), and shall forthwith forward copies of any newspapers, books or other documents found therein to such officer as the President of the Union may appoint in this behalf, to be disposed of in such manner as the President of the Union may direct.

21. No unauthorised news-sheet or unauthorised newspaper shall be trans­mitted by post.

22. Any officer in charge of a post-office or authorised by the [Director-General of Posts and Telegraphs]* in this behalf may detains any article other than a letter or parcel in course of transmission by post which he suspects to contain —

(a) any newspaper, book or other document containing words, signs or visible representations of the nature described in section 4, sub-section (1), or

(b) any unauthorised news-sheet or unauthorised newspaper,

and shall deliver all such articles to such officer as the President of the Union may appoint in this behalf, to be disposed of in such manner as the President of the Union may direct.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

* Now the Director of Posts, see Act XXV, 1950.

POWERS OF HIGH COURT

23. (1) The keeper of a printing-press who has been ordered to deposit security under sub-section (3) of section 3, or the publisher of a newspaper who has been ordered to deposit security under sub-section (3) of section 7, or any person having an interest in any property in respect of which an order of forfeiture has been made under section 4, section 6, section 8, section 10 or section 19 may, within two months from the date of such order, apply to the High Court to set aside such order, and the High Court shall decide if the newspaper, book or other document in respect of which the order was made did or did not contain any words, signs or visible representations of the nature described in section 4, sub-section (1).

(2) The keeper of a printing-press in respect of which an order of forfeiture has been made under sub-section (2) of section 12 on the ground that it has been used in contravention of sub-sections (1) of that section may apply to the High Court to set aside the order on the ground that the press was not so used.

24. Every such application shall be heard and determined by a Special Bench of the High Court composed of three Judges.

25. (1) If it appears to the Special Bench on an application under sub-section (1) of section 23 that the words, signs or visible representations con­tained in the newspaper, book or other document in respect of which the order in question was made were not of the nature described in section 4, sub-section (1), the Special Bench shall set aside the order.

(2) If it appears to the Special Bench on an application under sub-section (2) of section 23 that the printing-press was not used in contravention of sub-section (1) of section 12, it shall set aside the order of forfeiture.

(3) Where there is a difference of opinions among the Judges forming the Special Bench, the decisions shall be in accordance with the opinion of the majority of those Judges.

(4) Where there is no such majority which concurs in setting aside the order in question, the order shall stand.

26. On the hearing of an application under sub-section (1) of section 23 with reference to any newspaper, any copy of such newspaper may be given its evidence in aid of the proof of the nature or tendency of the words, signs or visible representa­tions contained in such newspaper, in respect of which the order was made.

27. The High Court shall frame rules1 to regulate the procedure in the case of such applications, the amount of the costs thereof, and the execution of orders passed thereon, and until such rules are framed the practice of such Court in proceedings other than suits and appeals shall apply, so far as may be practicable, to such applications.

SUPPLEMENTAL

28. Every notice under this Act shall be sent to a Magistrate, who shall cause it to be served in the manner provided for the service of summonses under the Code of Criminal Procedure:

Provided that, if service in such manner cannot by the exercise of due diligence be effected, the serving officer shall, where the notice is directed to the keeper of a press, affix a copy thereof to some conspicuous part of the place where the press is situate, as described in the keeper’s declaration under section 4 of the Press (Registrations) Act, and where the notice is directed to the publisher of newspaper, to some conspicuous part of the premises where the publication of such newspaper is conducted, as given ins the publisher’s declaration under section 5 of the said Act and thereupon the notice shall be deemed to have been duly served.

29. Every warrant issued under this Act shall, so far as it relates to a search, be executed in the manner provided for the execution of search-warrants under the Code of Criminal Procedure.

Foot Note: 1. For such rules, see High Court Notification No. 4 (Genl.), dated 14th 1940 as amended by Notification No. 8 (Genl.), dated 26th April, 1950, at p. 487 of the High Court Rules and Orders, Third Edition,

30. Every declarations of forfeiture purporting to be made under this Act shall, as against all persons, be conclusive evidence that the forfeiture therein referred to has taken place, and no proceeding purporting to be taken under this Act shall be called in question by any Court, except the High Court on applications under section 23, and no civil or criminal proceeding, except as provided by this Act, shall be instituted against any person for anything done or in good faith intended to be done under this Act.

31. Nothing herein contained shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against that Act.

132. (1) Whoever publishes, circulates or repeats in public any passage from a newspaper, book or other document, copies whereof have been declared to be for­feited to [the State]2 under any law for the time being in force, shall be punished with imprisonment for a term which may extend to six months, or with fine or with both.

(2) No Court shall take cognizance of an offence punishable under this section unless the President of the Union has certified that the passage published, circulated or repeated contains, in the opinions of the President of the Union, seditious or other matter of the nature referred to in sub-section (1) of section 99A of the Code of Criminal Procedure, or sub-section (1) of section 4 of the Press (Emergency Powers) Act.

Foot Note: 1. This section was originally section 5 of India Act XXIII of 1932. The Burma Laws (Adaptation of Laws) Act, 1940 (Burma Act XXVII of 1940) directed that section 5 of that Act should be inserted herein as section 31 (32 ?).

2. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

The Burma Code Volume 2: The Public Order (Preservation) Act

[BURMA ACT XVI, 1947] (3rd April, 1947)

WHEREAS it is expedient to make provisions for preserving peace and order in certain areas; * * * *

It is hereby enacted as follows : —

1. (1) This Act may be called the Public Order (Preservation) Act, 1947.

(2) It shall come into force at once, and shall remain in force until such date as the President of the Union may by notification declare it to be no longer in force.

(3) It shall extend to such areas3 as the President of the Union may, from time to time, by notification, specify, and the President of the Union may, in such notification, exclude the operation of any provisions of this Act from such areas.

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

(i) "The Code" means the Code of Criminal Procedure

(ii) "Prejudicial act" means the following acts —

(a) any act directly or indirectly connected with any unlawful activity having for its object the smuggling of opium or dangerous drugs contrary to any law for the time being in force; or

(b) any act which directly or indirectly abets or facilitates the commission of any offence in respect of firearms or ammunition contrary to the Arms Act for the time being in force ; or

(c) any act which directly or indirectly abets or facilitates the smuggling of mineral ores or concentrates contrary to any law for the time being in force; or

Foot Note: 3. For a list of areas to which this Act is extended, See Home Department Notification No. 1419, dated 19th December 1947 (Burma Gazette, 1947, Part I, p. 850), and same Department Notification. No. 2, dated 6th January 1949 (Burma Gazette, 1949, Part I, p. 43).

4. Substituted by Act IV, 1953.

(d) any act which directly or indirectly abets or facilitates the commis­sion of any offence in respect of foreign exchange contrary to the Foreign Exchange Regulation Act, 1947 or

(c) any act which directly or indirectly abets or facilitates the smug­gling of rice, rice products, paddy, timber, mineral oil, metals, metal scraps or precious stones contrary to any law for the time being infirce.

3. Notwithstanding anything contained in the Code or in any other law for the time being in force in any area to which this Act extends —

(a) any member of the Armed Forces serving in the Union of Burma who is authorized, by name or designation, by the President of the Union in this behalf may exercise the powers conferred upon police officers by the provisions of Chapter V of the Code as amended;

(b) the operation of the provisions of sub-section (3) of section 46 of the Code shall be suspended;

(c) section 61 of the Code shall have effect as if the expression "seventy-t­wo hours" had been substituted for the expression "twenty-four" appearing therein;

1(d) sub-ection (1) of section 260 of the Code shall have effect as if the following provisos had been added thereto, namely: —

"Provided that the President of the Union may, by notification, empower any Magistrate to try in a summary way any offence triable by a Magistrate of the first class, and that nothing contained in sub-section (2) of section 262 of the said Code shall apply to any case tried by virtue of such notification:

Provided further that, in any case tried by virtue of such notification the Magistrate shall record a memorandum of the substance of the evidence of each witness examined, may refuse to summon any witness if he is satisfied that the evidence of such witness will not be material and shall not be bound to adjourn a trial for any purpose unless such adjournment is, in his opinion, necessary in the interests of justice."

23A. (1) Where an accused, in a trial before any criminal Court, has by his voluntary act rendered himself incapable of appearing before the Court, or resists his production before it, or behaves before it in a persistently disorderly manner, the Court may, at any stage of the trial, by order in writing dispense with the attendance of the accused and proceed with the trial in his absence.

(2) Where a plea is required in answer to a charge from an accused whose attendance has been dispensed with under sub-section (1) such accused shall be deemed not to plead guilty.

(3) An order under sub-section (1) shall not affect the right of the accused of being represented by a pleader at any stage of the trial, or being present in person if he has become capable of appearing or appears in Court and undertakes to behave in an orderly manner.

(4) Notwithstanding anything contained in the Code, no finding, sentence or order passed in any trial shall be held to be illegal by reason of any omission or irregularity whatsoever arising from the absence of any accused whose attend­ance has been dispensed with under sub-section (1).

Foot Note: 1. Substituted by Act LXII, 1948.

2. Inserted ibid.

4. (1) Notwithstanding anything contained in any law for the time being in force, the Deputy Commissioner and any officer who is authorized, by name or designation, by the President of the Union in this behalf may take hostages from or may impose fines in money or goods, or may confiscate or destroy the property or any part of the property of, the inhabitants of any village-tract, or may destroy by burning or by any other means any village or any part thereof, if after enquiry he finds that any substantial number of the inhabitants of such village-tract or village have —

(a) taken part in or conspired to create a disturbance of the public tranquility or attempted to create or abetted the creation of such disturbance or collected men, arms or ammunition or otherwise prepared to create a disturbance of the public tranquility;

(b) taken part in or abetted the commission of or conspired to commit robbery or dacoity with arms.

(2) The Deputy Commissioner or such officer, as the case may be, may order the whole or any part of the fine imposed under sub-section (1) to be given as compensation to any person to whom damage or injury has been caused directly or indirectly by the act or acts in respect of which the fine is imposed.

5. (1) Any police officer not below the rank of a sub-inspector or army other officer of Government empowered in this behalf, by general or special order by the President of the Union, may [issue an order of arrest or]1 arrest without warrant any person whom he * * * *2 suspects of having acted, of acting, or of being about to act, —

(a) in any manner calculated to disturb, or to assist a disturbance of the public tranquility;

(b) in a manner prejudicial —

(i) to the safety of any place or area or of any industry, machinery or building in any such place or area;

(ii) to the output or effective control of any such industry or machinery.

(2) Any officer who makes an arrest in pursuance of sub-section (1) shall forthwith report the fact of such arrest to the President of the Union, and pending the receipt of the orders of the President of the Union he may, by an order in writing, commit any person so arrested to such custody as the President of the Union may by general or special order specify:

Provided —

(i) that no person shall be detained in custody under this sub-section for a period exceeding fifteen days without the order of the President of the Union;

(ii) that no person shall he detained in custody under this sub-section for a period exceeding two months.

(3) If any person arrested under clause (b) of sub-section (1) is prepared to security, the officer who has arrested him may, instead of committing him to custody, release him on his executing a bond with or without sureties undertaking that he will not, pending the receipt of the orders of the President of the Union, enter, reside or remain in the areas in respect of which he became liable to arrest.

(4) On receipt of any report made under the provisions of sub-section (2) the President of the Union may, in addition to making such orders subject to the second proviso to sub-section (2) as may appear to be necessary for the temporary custody of any person arrested under this section, make, in exercise of any powers conferred upon the President of the Union by any law for the time being in force, such final order as to his detention, release, residence or any other matter con­cerning him as may appear to the President of the Union in the circumstances of the case to be reasonable or necessary.

Foot Note:1. Inserted by Act XXXVI, 1949.

2. The word “reasonably” was deleted by Act LXII, 1948,

(5) When security has been taken in pursuance of the provisions of sub-­section (3), the bond shall be deemed to be a bond taken under the 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.

15A. (1) If the President of the Union is satisfied with respect to any par­ticular; person that with a view to preventing him from acting in any manner prejudicial to the public safety and the maintenance of public order [or from committing any prejudicial act]2 it is necessary so to do, the President of the Union may make an order —

(a) directing such person to remove himself from the Union of Burma in such manner, by such time and by such route as may be specified in the order, and prohibiting his return to the Union of Burma;

(b) directing that he be detained;

(c) directing that, except in so far as he may be permitted by the provi­sions of the order, or by such authority or person as may be specified therein, he shall not be in any such area or place in the Union of Burma as may be specified in the order;

(d) requiring him to reside or remain in such place or within such area in the Union of Burma as may be specified in the order, and if he is not already there to proceed to that place or area within such time as may be specified in the order;

(e) requiring him to notify his movements in such manner, at such times and to such authority or persons as may be specified in the order;

(f) imposing upon him such restrictions as may be specified in the order in respect of his employment or business, in respect of his associa­tion or communication with other persons, in respect of his control over minor children of whom he is parent or guardian, and in respect of his activities in relation to the dissemination of news or propagation of opinions;

(g) prohibiting or restricting the possession or use by him of any such article or articles as may be specified in the order;

(h) otherwise regulating his conduct in any such particular as may be specified in the order;

Provided that no order under clause (a) of this sub-section shall be made in respect of any [citizen of the Union]3.

(2) An order made under sub-section (1) may require the person in respect of whom it is made to enter into a bond, within or without sureties, for the due performance of, or as an alternative to the enforcement of, such restrictions or conditions made in the order as may be specified in the order.

(3) If any person is in any area or place in contravention of an order made at under the provisions of this section or fails to leave any area or place in accordance with the requirement of such an order, then, without prejudice to the provisions of sub-section (5), he may be removed from such area or place by any police officer or by any person acting on behalf of Government.

(4) So long as there is in force in respect of any person such an order as aforesaid directing that he be detained, he shall be liable to be detained in such place, and under such conditions as to maintenance, discipline and the punishment of officers and breaches of discipline, as the President of the Union may from time to time determine.

Foot Note: 1. Inserted by Act XXVIII, 1947.

2. Inserted by Act IV, 1953.

3. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

(5) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both, and if such person has entered into a bond in pursuance of the provisions of sub-section (2), his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court why such penalty should not be paid.

(6) If the President of the Union has reason to believe that a person in respect of whom he has made an order under sub-section (1) directing that the person be detained has absconded or is concealing himself so that such order cannot be executed the President of the Union may make a report in writing of the facts to a District Magistrate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the Code of Criminal Procedure shall apply in respect of the said person and his property as if the other directing that he be detained were a warrant issued by the Magistrate.

15B. (1) The President of the Union may, by order, direct that any person in respect of whom an order has been made under the provisions of section 5A, shall —

(a) allow himself to be photographed;

(b) allow his finger and thumb impressions to be taken;

(c) furnish specimens of his handwriting and signature; and

(d) attend at such time and place before such authority or person as may be specified in the order for all or any of the purposes mentioned in this section.

(2) If any person contravenes army order made under this section, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

6. (1) The President of the Union may, by order, direct that, subject to any specified exemption, no person present within any specified area shall, between, such hours as may be specified, be out of doors except under the authority of a written permit granted by a specified authority or person.

(2) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

(3) No Court shall take cognizance of an alleged offence under this section except on a report in writing of the facts constituting such offence made by a public servant.

26A. (1) The President of the Union may, by general or special order, prohibit or restrict in any area any such exercise, movement, evolution or drill of a military nature as may be specified in the order.

(2) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

2 6B. (1) If the President of the Union is satisfied that —

(a) the wearing in public of any dress or article of apparel resembling any uniform or part of a uniform required to be worn by a member

Foot Note: 1. Inserted by Act XXVIII, l947

2. Inserted by Act LXXIX, 1947

of [the Burma]1 Forces on by a member of any official Police Force or of any force constituted under any law for the time being in force,

(b) the wearing or display un public of any distinctive dress or article of apparel or any emblem,

would be likely to prejudice the public safety or the maintenance of public order, the President of the Union may, by general or special order, prohibit or restrict the wearing or display in public of any such dress, article of apparel or emblem.

(2) For the purposes of this section, a dress, an article of apparel or an emblem shall be deemed to be worn or displayed in public if it is worn or displayed so as to be visible to a person in any place to which the public have access.

(3) If any person contravenes any order made under this section he shall be punishable within imprisonment for a term which may extend to three years, on with fine, or with both.

7. The President of the Union may by order direct that any power which is conferred upon him by [sections 5, 5A, 5B, 6, 6A and 6B]2 shall, subject to such conditions as may be specified therein, be exercised by such officer or authority as he may specify.

8. Any authority or person acting in pursuance of this Act shall interfere within interfere with ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the public order and safety.

9. (1) No order made in exercise of any power conferred by or under this Act shall be called into question in any Court.

(2) Where an order purports to have been made and signed by any officer or authority in exercise of any power conferred by or under this Act, a Court shall, within the meaning of the Evidence Act, presume that such order was made by that officer or authority until the contrary be proved.

10. (1) No suit, prosecution on other legal proceedings shall lie against any person for anything winch is in good faith done on intended to be done in pur­suance of this Act.

(2) Save as otherwise expressly provided under this Act no suit or other legal proceeding shall lie against the [Union of Burma]1 for any damage caused or likely to because by anything done or intent led to be done in pursuance of this Act.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2. Amended by Acts XXVIII, 1947, LXXIX, 1947 and LXII, 1948.

The Burma Code Volume 2: The Public Property Protection Act

[BURMA ACT LXXXIII, 1947] (24th December, 1947)

It is hereby enacted as follows:—

1. This Act shall remain in force until such date as the President of the Union may by notification declare it to be no longer in force.

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

(i) "Public property" means any store or equipment or any other­ property whatsoever belonging to, or consigned to, or intended for the rise of the army, naval or air forces serving in the Union of Burma or belonging to, or consigned to, or intended for the use of, the Government of the Union of Burma or any local authority * * *5 constituted under any; and

(ii) "prejudicial act" means the following acts: —

(a) any act directly or indirectly connected with, or relating to, any unlawful activity having for its object the smuggling of any

Foot Note: 1. Inserted by Act V, 1948.

2. In section 9, clauses (f), (g), (i) and (1) were deleted, and clauses (h) and (k) related as (f) and (g), respectively, by Act XIII, 1951.

3. Inserted by Act LXXX, 1947.

4. Inserted by Act LXI, 1917.

5. Deleted by Act XVII, 1951.

property in and out of the Union of Burma in in contravention of import and export orders and rules duly made by the Government under the * * *1 Control of Imports and Exports (Temporary) Act, 1947; or

(b) any; act which directly or indirectly abets on’ incites or facilitates the commission of any offence in respect of any Public property or the contravention of any rule or order made under this Act, the * * *1 Control of Imports and Exports (Temporary) Act, 1947, the Public Utilities Protection Act, 1947, the [Foreign Exchange Regulation Act, 1947]2 the Essential Supplies and Services Act, 1947; or

(c) out willful negligence, mismanagement or default our the part of a person who has, or has had, the custody, charge or control of any Public property, resulting directly or indirectly in loss, deterioration or destruction of any such Public property;

(d) and dealing by any person directly or indirectly in any Public property which gives rise to a suspicion that the person concerned has obtained such Public property either by commission of theft, misappropriation, mischief, breach of trust on by any wrongful means.

3. If any person finds any Public property which he has cause to believe to have been lost or abandoned and that, prior to the loss or abandoned and that, prior to the loss or abandonment, was in the possession of a person who was serving with an armed force or under the Government, the person so finding such property —

(a) shall report the nature and situation thereof, or if such property is a document, cause it to be delivered to some member of the army, naval or air forces serving in the Union of Burma, on duty in the neighborhood, or to the Officer-in-Charge of a police station in the neighborhood; or if such property is found outside the Union of Burma, shall take such steps as are practicable to secure that the nature and situation thereof are reported, or, if such property is a document, that it is delivered as soon as may be, to some person in the service of the Government; and

(b) shall not, save as aforesaid, remove or tamper with such property, except with the permission of the President of the Union.

4. The President of the Union may by order direct that the obligation and restriction imposed by section 3 shall not apply to any Public property of such description as may be specified therein or as may be specified by such authority as the President of the Union may appoint in this behalf.

5. If any person contravenes any of the provisions of section 3, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

6. (1) Notwithstanding anything contained in any other law for the time being in force, if any person is in authorized possession of any Public property, or commits theft, misappropriation or mischief in respect of any Public property, he shall be punishable with imprisonment for a term which may extend to seven years, or with whipping, or with both imprisonment in whipping, and shall also be liable to fine,

Foot Note: 1. Deleted by the Union of Burma (Adaptation of Laws) Order, 1948,

2. Inserted by Act XVII, 1951,

(2) In any prosecution under sub-section (1) the burden of proving that the possession is authorized shall lie on the person in whose possession any such Public property is found.

7. (1) Any police officer not below the rank of a sub-inspector or any other officer of Government empowered in this behalf by general or special order by the President of the Union may, with the prior approval of such authority as may be prescribed by the President of the Union, arrest without warrant any person whom he suspects of having committed or of committing any of the offences mentioned in sub-section (1) of section 6 in respect of any Public property.

1(2) Any officer authorized in this behalf by general or special order by the President of the Union may arrest without warrant any person whom he suspects of having committed or of committing any prejudicial act;

2(2A) Any officer authorized in this behalf by general or special order by the President of the Union, may, if he is satisfied with respect to any particular person that circumstances exist which render it necessary to arrest him with a view to preventing him from committing any offence mentioned in section 6 (1) or an offence of criminal breach of trust in respect of any Public property, or any prejudicial act, do so without warrant;

(3) Any officer who makes an arrest in pursuance of sub-section (1) or sub-section (2) [or sub-section (2A) or who makes an arrest for an offence of criminal breach of trust in respect of any Public property]2 shall forthwith report the fact of such arrest to the President of the Union, and pending the receipt of the orders of the President of the Union, he may, by an order in writing, commit any person so arrested to such custody as the President of the Union may, by general or special order, specify :

Provided —

(i) that no person shall be detained in custody under this sub-section for a period exceeding fifteen days without the order of the President of the Union;

(ii) that no person shall be detained in custody under this sub-section for a period exceeding six months.

(4) If any person arrested under sub-section (1) or sub-section (2) is prepared to furnish security, the officer who has arrested him may, subject to such general or special instructions as may from time to time be issued by the President of the Union or any person authorized by the President of the Union in this behalf, release him on his executing a bond, with or without sureties, undertaking that he will conform to such conditions or directions as the President of the Union may from time to time make.

3(5) On receipt of any report made under sub-section (3), the President of the Union may, by order, direct, subject to the second proviso to sub-section (3), that a person arrested under this section be detained for such period as he may deem necessary for the purpose of making an investigation.

(6) When security has been taken in pursuance of the provisions of sub-­section (4), the bond shall be deemed to be a bond taken under the Code of Criminal Procedure 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 Code of Criminal Procedure shall apply accordingly.

2(7) The order of detention under sub-section (5) shall not be deemed to authorize the continued detention of the person in respect of whom it had been

Foot Note: 1. Substituted by Act XVII, 1951 and subsequently by Act XLIII, 1951.

2. Inserted by Act XLIII, 1951.

3. Substituted ibid.

made after he is sent up for trial before any competent Court ; but the Court before which the trial or enquiry is held, shall not release the accused on bail unless it is established that the accused, if released on bail, is not likely to suborn any witness cause of the disappearance of any evidence or secret or destroy any document which may be used as evidence against him.

8. (1) Not withstanding anything contained in any other law for the time being in force, where any person is arrested or detained under section 7, the Inspector-General of Police, on the Commissioner of Police, Rangoon or any other office of the Government empowered by the President of the Union in this behalf may, if he thinks fit so to do,—

(a) inspect or cause, in writing, to be inspected, by art officer not below the rank of District Superintendent of Police whose name is specified therein, any book belonging to, or under the control of, a bank; or

(b) direct the manager or agent of the bank to supply a certified copy of any entry in the book of the bank or give any information in the possession of the bank, relating to the account of such person [or to any other person dependent on him, or relating to any property kept in the safe custody of the bank in the name of such person or of any other person dependent on him]1; or

(c) prohibit the manager or agent of the bank from making any payment from the amount standing to the credit of such person [or of any other person dependent on him or from delivering any property kept in the safe custody of the bank in the name of such Person or any other person dependent on him]1 without an order in writing of the officer making the prohibition.

(2) The expressions "bank" and "certified copy" shall have the same meanings as are assigned to them under the Bankers' Books Evidence Act.

(3) If the manager or agent of a bank, as the case may be, fails or refuses to allow inspection of any book belonging to, or und the control of, the bank, or to comply with any direction or prohibition issued under sub section (1), he shall be liable to punishment with imprisonment of a term which may extend to three years, or with fine, or with both.

9. Any person who attempts to contravene, or abets, or attempts to abet, or does any act preparatory to, a contravention of any of the provisions of this Act, shall be deemed to have contravened that provision.

10. (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act.

(2) Save as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the Government for any damage caused or likely to be cause by anything done or intended to be done in pursuance of this Act.

11. The State Property Protection Act, 1947, Burma Act No. XLIII of 1947, is hereby repealed; but notwithstanding such repeal anything purported to be done or any action purported to be taken in exercise of any power conferred by or under the said Act shall be deemed to have been done or taken in exercise of the powers under this Act.

Foot Note; 1. Inserted by Act XVII, 1951.

The Burma Code Volume 2: The Public Utilities Protection Act

[BURMA ACT XLI, 1947] (1st August, 1947)

It is hereby enacted as follows : —

1. This Act shall be deemed to have come into force with effect from the first day of August 1947.

2. No person shall do; any act with intent to impair the efficiency or impede the working of, or to cause damage to —

(a) any buildings, vehicle, machinery, apparatus or other property used, or intended to be used, for the purposes of Government;

(b) any railway (as defined in the Railways Act), tramway, road, canal, bridge, culvert, causeway, port, dockyard, lighthouse, aerodrome, or telegraph (as defined in the Burma Telegraph Act);

(c) any rolling-stock of a railway or tramway, any vessel or aircraft;

(d) any building or other property used in connection with the production, distribution or supply of any essential commodity, any sewage works, mine or factory.

3. The provisions of section 2 shall apply in relation to any omission on the part of a person to do anything which he is under a duty, either to Government or to any public authority or to any person, to do, as they apply to the doing of any act by a person.

4. If any person approaches, or is in the neighborhood of, any such building, place or property as is mentioned in section 2, inn circumstances which afford reason to believe that he intends to contravene that section, he shall be deemed to have attempted a contravention thereof.

5. No person shall interfere with or damage or without permission remove any stores or equipment or other property whatsoever belonging to or consigned to the Burma Forces or the Forces of a Power in alliance with the Union of Burma.

6. If any person contravenes any at the provisions of this Act, he shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

7. Any person who attempts to contravene, or abets, or attempts to abet, or does any act preparatory to, a contravention of, any of the provisions of this Act shall be deemed to have contravened that provision.

The Burma Code Volume 2: The Requisitioning (Emergency Provisions) Act

[BURMA ACT XXXVIII, 1947] (28th July, 1947)

WHEREAS it is expedient to make provisions for requisitioning lands and premises in certain respects;

* * * *

It is hereby enacted as follows : —

1. (1) This Act may be called the Requisitioning (Emergency Provisions) Act, 1947.

(2) It shall remain in force until such date as the President of the Union may, by notification, direct that it shall cease to be in force.

2. (1) The President of the Union may by order in writing requisition any land, building, part of a building, or other premises, together with any fixtures, fittings, furniture or other things therein, or any water-supply system connected or pertaining to such land or premises, and may make such further orders as appear to the President of the Union to be necessary or expedient in connection with the requisitioning:

Provided that no land, premises or things used for the purpose of re1igious worship shall be requisitioned under this Act:

Provided also that no land, premises or things shall be requisitioned under this Act for any person who is not a public servant, or whose work or duty is not connected with the Government, or in respect of whom the Government is under no obligation to make a requisition, or who is not a representative, or a member of the diplomatic mission, of another country, or a visitor from a foreign [State].1

2(2) Where the President of the Union has requisitioned any land, premises water-supply system or thing under sub-section (1), the President of the Union may use such land, premises, water-supply system or thing in such manner as he may consider necessary or expedient, but shall have no power to dispose of any such land, premises, water-supply system or thing.

(3) The President of the Union may by order: —

(a) require the owner or occupier of any land, building, part of a building, or other premises to furnish to such authority as may be specified in the order such information in his possession relating to the land, building, part of a building, or other premises, or to any fixtures, fittings, furniture or other things therein, or to any water-supply system connected or pertaining thereto, its may be so specified;

(b) direct that such owner or occupier shall not, without the permission of the President of the Union, dispose of such land, building, or other premises, or of any fixtures, fittings, furniture, or other things therein, or of any water-supply system connected or pertaining thereto, till the expiry of such period as may be specified in the order.

(4) If any person contravenes any order made in pursuance of this section, he shall be punishable with imprisonment for a term which may extend to three years, or within fine, or within both.

3. (1) The President of the Union may by order in writing require the owner, or the person having the management, of any warehouse or cold storage depôt to place at the disposal of Government the whole or any part of the space or accommodation available in such warehouse or cold storage depôt and to employ such space or accommodation for the storage of any articles or things specified in the order and such an order may require the said owner or person to afford such facilities, and maintain such services, in respect of the storage of such articles on things, as may be specified.

(2) Whenever in pursuance of an order made under sub-section (1) any space or accommodation in a warehouse or cold storage depôt is placed at the disposal of the Government the owner of such warehouse or cold storage depôt shall be paid therefore at such rates as the President of the Union may by order made in this behalf determine.

Foot Note: 1. Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

2. Substituted by Act LV, 1947.

(3) If any person contravenes any order made in pursuance of this section he shall be punishable within imprisonment for a term which may extend to six months, or with fine, with both.

14. (1) The Government may cause any reasonable repair to be made to any building which is requisitioned under this Act and deduct the expenses of the repair from the rent, or otherwise recover it from the lessor.

(2) The provisions of sub-section (1) shall apply to the requisitions of the buildings made or purported to have been made under Rule 76 of the Defense of Burma Rules before the commencement of this Act, as it the said requisitions had been validly made under the provisions of this Act.

14A. The President of the Union may, by order, direct that any power-which is conferred upon him by section 2, section 3 and section 4 shall, subject to such conditions as may be specified therein, be exercised by such officer or authority as he may specify.

5. Notwithstanding anything contained in any other law, all requisitions of property or things made or purported to have been made under Rule 76 and Rule 79 of the Defense of Burma Rules before the commencement of this Act shall be deemed to have been made under the provisions of this Act, as if this Act were in force at the time the requisitions were made; and no such requisitions shall be deemed to be invalid by reason only that they were made in contravention of the provisions of the provisos to the said Rule 76 (1).

6. 2(1) Where; any property or thing is requisitioned, or is deemed to have been requisitioned, under the provisions of this Act, the owner of such property or thing shall be paid such compensation for any loss he may have sustained as a result of such requisitioning as may be fixed in accordance with the provisions of this section.

(2) In default of argument between the Government and the owner of the property, the President of the Union shall, by general or special order, specify the authority or person through which or whom any claim for compensation under ­sub-section (1) shall be submitted and the authority or person by which or whom any such claim shall be adjudged or awarded.

(3) The President of the Union may further, by general or special order, prescribe the conditions to which the authority or person responsible for adjudging or awarding claim for compensation shall have regard which determining the amount of compensation payable, and may give such supplementary orders as to the assessment and payment of compensation as may appear to him to be necessary or expedient.

3(4). No compensation shall be payable under the provisions of this section unless the owner of the property or thing, requisitioned or deemed to have been requisitioned under the provisions of this Act, submits his claim for such compensation within ninety days from the date on which the said property or thing was de-requisitioned.

46A. (1) Where any requisitioned land, building, part of a building or other premise is to be released from requisition, the President of the Union may, after­ making such inquiry, if any, as Inc considers necessary, specify by order in writing the the person to whom Possession of the said land, building, part of a building or other premise shall be given.

Foot Note: 1. Inserted by Act LV, 1947.

2. Substituted ibid

3. Inserted by Act LXXIV, 1951.

4. Inserted by Act LXXV, 1951.

(2) The delivery of possession of the requisitioned land, building, part of a building, or other premises to the person specified in an order made under sub-section (1) shall be a full discharge of the President of the Union from all liability in respect of such delivery, but shall not prejudice any rights in respect of the said land, building, part of a building or other premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the said land, building, part of a building or other premises is so delivered.

(3) Where the person to whom possession of any requisitioned land, building, part of a building or other premises is to be given cannot be found and has no agent or other person empowered to accept delivery an his behalf, the President of the Union shall cause a notice, declaring that the said land, building, part of a building or other premises is released from requisition, to be affixed on some conspicuous part of the said and, building, part of the building or other premises and publish the notice in the Gazette.

(4) When notice referred to in sub-section (3) is published in the Gazette, the land, building, part of a building or other premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the President of the Union shall not be liable for any compensation or other claim in respect of the said land, building, part of a building or other premises for any period after the said date.

7. The provisions of this Act shall be deemed to supersede the provisions of all other laws in so far as the latter are inconsistent with or repugnant to the provisions of this Act.

The Burma Code Volume 2: The Unlawful Associations Act

[INDIA ACT XIV, 1908] (11th December, 1908)

1---- 14. * * * *

PART II

UNLAWFUL ASSOCIATIONS

15. In this Part—

(1) ‘‘association’’ means any combination or body of persons, whether the same be known by any distinctive name or not; and

(2) “unlawful association” means an association —

(a) which encourages or aids persons to commit acts of violence or intimida­tion or of which the members habitually commit such acts, or

(b) which has been declared to be unlawful by the President of the Union under the powers hereby conferred.

16. (1) If the President of the Union is of opinion that any association interferes or has for its object interference with the administration of the law or with the maintenance of law and order, or that it constitutes a danger to the public peace, the President of the Union may, by notification in the Gazette, declare such association to be unlawful.

17. (1) Whoever is member of an unlawful association, or takes part in meetings of any such association, or contributes or receives or solicits any contribu­tion for the purpose of any such association, or in any way assists the operations of any such association, shall be punished with imprisonment for a term [which shall not be less two years and more than three years and shall also be liable to fine] 1.

(2) Whoever manages or assists in the management of an unlawful association, or promotes or assists in promoting a meeting of any such association, or of any members thereof as such members, shall be punished with imprisonment for a term [which shall not be less than three years and more than five years and shall also be liable to fine] 1.

2(3) * * * *

17A. (I) The President of the Union may, by notification in the Gazette, notify any place which in his opinion is used for the purposes of an unlawful association.

Explanation— For the purposes of this section “place” includes a house or building, or part thereof, or a tent or vessel.

(2) The District Magistrate, or any officer authorized in this behalf in writing by the District Magistrate, may thereupon take possession of the notified place and evict therefrom any person found therein, and shall forthwith make a report of the taking possession to the President of the Union:

Provided that where such p1ace contains any apartment occupied by women or children, reasonable time and facilities shall be afforded for their withdrawal with the least possible inconvenience.

(3) A notified place whereof possession is taken under sub-section (2) shall be deemed to remain in the possession of Government so long as the notification under sub-section (1) in respect thereof remains in force.

17 B. (1) The District Magistrate, or officer taking possession of a notified place, shall also take possession of all movable property found therein and shall make a list thereof in the presence of two respectable witnesses.

(2) If, in the opinion of the District Magistrate, any articles specified in the list are or may be used for the purposes of the unlawful association, he may proceed subject to the provisions hereafter contained in this section to order such articles to be forfeited to the State.

(3) All other articles specified in the list shall be delivered to the person whom he considers to be entitled to possession thereof, or, if no such person is found, shall be disposed of in such manner as the District Magistrate may direct.

(4) The District Magistrate shall publish, as nearly as may be in the manner provided in section 87 of the Code of Criminal Procedure for the publication of a proclamation, a notice specifying the articles which it is proposed to forfeit and calling upon any person claiming that any article is not liable to forfeiture to submit in writing within fifteen days any representation he desires to make against the forfeiture of the article.

Foot Note: 1. Substituted by Act LXI, 1954.

2. Deleted ibid.

(5) Where any such representation is accepted by the District Magistrate, he shall deal with the article concerned in accordance with the provisions of sub­section (3).

(6) Where any such representation is rejected, the representation, with the decision thereon, shall be forwarded to the District Judge, in the case of a decision by a District Magistrate, and no order of forfeiture shall be made until the District Judge has adjudicated upon the representation. Where the decision is not confirmed the articles shall be dealt with in accordance with the provisions of sub-section (3).

(7) In making an adjudication under sub-section (6) the procedure to be followed shall be the procedure laid down in the Code of Civil Procedure for the investigation of claims, so far as it can be made to apply, and the decision of the District Judge shall be final.

(8) If the article seized is livestock or is of a perishable mature, the District Magistrate may, if he thinks it expedient, order the immediate sale thereof and the proceeds of the sale shall be disposed of in the manner herein provided for the disposal of other articles.

17C. Any person who enters or remains upon a notified place without the permission of the District Magistrate, or of an officer authorized by him in this behalf, shall be deemed to commit criminal trespass.

17D. Before a notification under sub-section (1) of section 17A is cancelled, the President of the Union shall give such general or special directions as he may deem requisite regulating the relinquishment by Government of possession of notified places.

17E. (1) Where the President of the Union is satisfied, after such inquiry as he may think fit, that any monies, securities or credits are being used or are intended to be used for the purposes of an unlawful association, the President of the Union may, by order in writing, declare such monies, securities or credits to be forfeited to the State.

(2) A copy of an order under sub-section (1) may be served on the person living custody of the monies, securities or credits, and on the service of such copy such person shall pay or deliver the monies, securities or credits to the order of the President of the Union:

Provided that, in the case of monies or securities, a copy of the order may be endorsed for execution to such officer as the President of the Union may select, and such officer shall have power to enter upon and search for such monies and securities in any premises where they may reasonably be suspected to be, and to seize the same.

(3) Before in order of forfeiture is made under sub-section (1) the President of the Union shall give written notice to the person (if any) in whose custody the monies, securities or credits are found of his intention to forfeit, and any person aggrieved thereby may within fifteen days from the issue of such notice file an application to the District Judge in a District to establish that the monies, securities or credits or any of them are not liable to forfeiture, and if any such application is made, no order of forfeiture shall be passed in respect of the monies, securities or credits concerned until such application has been disposed of, and unless the District Judge has decided that the monies, securities or credits are liable to forfeiture.

(4) In disposing of an application under sub-section (3) the procedure to be followed shall be the procedure laid down in the Code of Civil Procedure for the investigation of claims, so far as it can be made to apply, and the decision of the District Judge shall be final.

(5) Where the President of the Union has reason to believe that any person has custody of any monies, securities or credits which are being used or are intended to be used for the purposes of an unlawful association, the President of the Union may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with the same, save in accordance with the written orders of the President of the Union. A copy of such order shall be served upon the person to whom it is directed.

(6) The President of the Union may endorse a copy of an order under sub-section (3) for investigation to any officer he may select, and such copy shall be warrant where under such officer may enter upon any premises of the person to whom the order is directed, examine the books of such person, search for monies and securities, and make inquiries from such person, or any officer, agent or servant of such person, touching the origin of and dealings in any monies, securities or credits which the investigating officer may suspect are being used or are intended to be used for the purposes of an unlawful association.

(7) A copy of an order under this section may be served in the manner provided in the Code of Criminal Procedure for the service of a summons, or, where the person to be served is a corporation, company, bank or association of persons, it may be served on any secretary, director or other officer or person concerned with the management thereof, or by leaving it or sending it by post addressed to the corpora­tion, company, bank or association at its registered office, or, where there is no registered office, at the place where it carries on business.

(8) Where an order of forfeiture is made under sub-section (1) in respect of any monies, securities or credits in respect of which a prohibitory order has been made under sub-section (3), such order of forfeiture shall have effect from the date of the prohibitory order, and the person to whom the prohibitory order was directed shall pay or deliver the whole of the monies, securities, or credits forfeited to the order of the President of the Union.

(9) Where any person liable under this section to pay or deliver any monies, securities or credits to the order of the President of the Union refuses or fails to comply with any direction of the President of the Union in this behalf, the President of the Union may recover from such person, as arrears of land-revenue or as a fine, the amount of such monies or credits or the market value of such securities.

(10) In this section, “security” includes a document whereby any person acknowledges that he is under a legal liability to pay money, or whereunder any person obtains a legal right to the payment of money; and the market value of any security means the value as fixed by any officer or person deputed by the President of the Union in this behalf.

(11) Except so far as is necessary for the purposes of any proceeding under this section, no information obtained in the course of any investigation made under sub-section (6) shall be divulged by any officer of Government without the consent of the President of the Union.

17F. Every report of the taking possession of property and every declaration of forfeiture made, or purporting to be made under this Act, shall, as against all persons, be conclusive proof that the property specified therein has been taken possession of by Government or has been forfeited, as the case may be, and save as provided in sections 17B and 17E no proceeding purporting to be taken under section 17A, 17B, 17C, 17D or 17E shall be called in question by any Court, and no civil or criminal proceeding shall be instituted against any person for anything in good faith done or intended to be done under the said sections or against Government or any person acting on behalf of or by authority of Government for any loss or damage caused to or in respect of any property whereof possession has been taken by Government under this Act.

18. An association shall not be deemed to have ceased to exist by reason only of any formal act of dissolution or change of title, but shall be deemed to continue so long as any actual combination for the purposes of such association continues between any members thereof.

The Burma Code Volume 2: The Works of Defence Act

CONTENTS

PART I

PRELIMINARY

Sections.

1. * * * *

2. Definitions.

PART II

IMPOSITION OF RESTRICTIONS

3. Declaration and notice that restrictions will be imposed.

4. Power to do preliminary acts after publication of notice nuder section 3, sub-section (2).

5. Payment for damage.

6. Futher powers exercisable after publication of notice under section 3, sub-section (2).

7. Restrictions.

8. Land to be marked out, measured, registered and planned.

9. Notice to persons interested.

10. Power to require and enforce the making of statements as to names and interests.

11. Application of certain sections of the Penal Code.

12. Inquiry and award by Collector.

13. Award of Collector when to be final.

14. Adjournment of inquiry.

15. Power to summon and enforce attendance of witnesses and production of docuunents.

16. Matters to be considered and neglected.

17. Supplementary proceedings.

PART III

REFERENCE TO COURT AND PROCEDURE THEREON

18. Reference to Court.

19. Collector’s statement to the Court.

20. Service of notice.

21. Restriction on scope of proceedings.

22. Proceedings to be in open Court.

23. Matters to be considered in determining compensation.

24. Matters not to be considered in determining compensation.

25. Rules as to amount of compensation.

26. Form of award.

27. Costs.

28. Collector may be directed to pay interest on excess compensation.

PART IV

APPORTIONMENT OF COMPENSATION

29. Particulars of apportionment to be specified.

30. Dispute as to apportionment.

PART V

PAYMENT

31. Payment of compensation or deposit of same in Court.

32. Investment of money deposited in respect of lands belonging to persons incompetent to alienate.

33. Investment of money deposited in other cases.

34. Payment of interest.

PART VI

MISCELLANEOUS

35. Service of notices.

36. Penalties.

37. Magistrate to enforce the terms of the Act.

38. Completion of imposition of restrictions not compulsory, but compensation to be awarded when not completed.

39. Demolition of part of house or building and impositions of restrictions on part of land.

40. Exemption from stamp-duty and fees.

41. Notice in case of suits for anything done in pursuance of Act.

42. Code of Civil Procedure to apply to proceedings before Court.

43. Appeals in proceedings before Court.

44. Power to make rules.

THE WORKS OF DEFENCES ACT

[INDIA ACT VII, 1903] (20th March, 1903)

WHEREAS it is expedienit to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of works of defence in order that such land may be kept free from buildings and other obstructions, and for determining the amount of compensation to be made on account of such imposition; it is hereby enacted as follows : —

PART I

PRELIMINARY

1. * * * *

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

(a) the expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth :

(b) the expression ‘‘person interested” includes all persons claiming an interest in compensation to be made on account of the imposition of restrictions upon the use and enjoyment of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land:

(c) * * * *

(d) * * * *

(e) the expression “Commanding Officer” means the officer for the time being in command of a work of defence:

(f) the expression “Collector” includes any officer specially appointed by the President of the Union to perform the functions of a Collector under this Act :

(g) the expression “Court” means a principal civil Court of original jurisdiction, unless the the President of the Union has appointed (as he is hereby empowered to do) a special judicial officer within any specified local limits to perform the functions of the Court under this Act:

(h) “maintain”, with its grammatical variations and cognate expressions, does not, when used in relation to a house or other construction, include the doing of any act necessary for keeping such house or construction, until the making of the award referred to in section 12 or until the exercise, prior to the making of the award, of the powers of demolition conferred, in case of emergency, by section 6, sub-sections (1) and (3), in the state in which it was at the time of the publication of the notice referred to in section 3, sub-section (2) :

(i) the following persons shall be deemed “entitled to act” as and to the extent hereinafter provided, that is to say, —

trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any case, and that to the same extent as the persons beneficially interested could have acted if free from disability :

a married woman, in cases to which the English law is applicable, shall be deemed the person so entitled to act, and whether of full age or not, to the same extent as if she were unmarried and of full age: and

the guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots them­selves, if free from disability, could have acted :

Provided that —

(i) no person shall be deemed ‘‘entitled to act’’ whose interest in the suhject-matter is shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act :

(ii) in every case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof :

(iii) the provisions of Order XXXII of the Code of Civil Procedure shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and

(iv) no person “entitled to act” shall be competent to receive the compensa­tion money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land upon the use and enjoyment of which restrictions are to be imposed and receive and give a good discharge for the purchase money on a voluntary sale.

PART II

IMPOSITION OF RESTRICTIONS

3. (1) Whenever it appears to the President of he Union that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any such work of defence or of any siste intended to be used or to be acquired for any such work, in order that such land may be kept free from building and other obstructions, a devlaration shall be made to that effect.

(2) The said declaration shall be published in the Gazette and shall state the district or other territorial division in which the land is situate and the place where a sketch plan of the land, which shall distinguish the boundaries referred to in section 7, may be inspected; and the Collector shall cause public notice of the substance of the said declaration to be given at convenient place in the locality.

(3) The said declaration to be conclutive proof tha it is necessary to keep the land free from buildings and other obstructions.

4. It shall be lawful for such officer as the President of the Union may, by general or special order, authorize in this behalf, and for his servants and workmen, at any time after publication of the notice mentioned in section 3, sub-section (2), to enter upon and survey and take levels of any land in such locality, to dig or bore into the sub-soil, to do all othe acts necessary to ascertain whether the land, to set out the boundaries of the land upon the use and enjoyment of which restrictions are to be imposed, or of any part of such land, to mark such levels, boundaries and line by placing marks and cutting trends, and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle:

Provided that no person shall enter into any building or upon any enclesed court or garden attached to a dewelling-house (unless with consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.

5. The officer so authorized shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector, and such decision shall be final.

6. (1) Whenever a declaration has been made and public notice thereof has been given under section 3, it shall, subject to the provisions of sub-sections (2) to (4) be lawful for such officer as the President of the Union may, by general or special order, authorize in this behalf, and for his servants and workmen, to enter and demolish any buildings or other constructions on the surface, to cut down or grab up all or any of the trees, to remove or alter all or any of hte banks, fences, hedges and ditches, to make underground and other drains, to fill up all excavations, and demolish all buildings and other constructions below the surface, and clearing the same as he may deem necessary or proper, but in such manner nevertheless that evidence of boundaries of the held by different owners may be preserved.

(2) The powers conferred by sub-section (1) shall not be exercised, ----

(a) save as otherwise provided by sub-section (3), before the making of the award hereinfater referred to in section 12, nor

(b) save as otherwise provided by sub-section (4), after the expiration of six months from the making of the said award, or any shorter period on the expiration of which the officer exercising such powers gives notice to the Collector that there will be no further exercise of them.

(3) In case of emergency, the President of Union may, by notification in the Gazette, declare that all or any powers conferred by sub-section (1) may be exercised at any time within six months after the publication of the notice referred to in section 3, sub-section (2), and such powers may be exercised accordingly, and the said notifica­tion shall be conclusive proof of emergency.

(4) Nothing in sub-section (2) shall be deemed to preclude any such officer or his servants or workmen from exercising at any time the said powers for the purpose of removing, wholly or in part, any building or other obstruction maintained, created, added to, altered, planted, stacked, stored or otherwise accumulated in contravention of this Act or of any rule or order made thereunder or of any condition prescribed in accordance therewith.

7. From and after the publication of the notice mentioned in section 3, sub­section (2), such of the following restrictions as the President of the Union may in his discretion declare therein shall attach with reference to such land, namely:—

(a) Within an outer boundary which, except so far as is otherwise provided in section 39, sub-section (4), may extend to a distance of two thousand yards from the crest of the outer parapet of the work,—

(i) no variation shall be made in the ground-level, and no building, wall, bank or other construction above the ground shall be maintained, erected, added to or altered otherwise than with the written approval of the General Officer Commanding the Forces in the Union of Burma and on such conditions as he may prescribe;

(ii) no wood, earth, stone, brick, gravel, sand or other material shall be stacked, stored or otherwise accumulated:

Provided that, with the written approval of the General Officer Com­manding the Forces in The Union of Burma and on such conditions as he may prescribe, road- ballast, manure and agricultural produce may be exempted from the prohibition:

Provided, also that any person having control of the land as owner, lessee or occupier shall be bound forthwith to remove such road-ballast, manure or agricultural produce, without compensation, on the requisition of the Commanding Officer;

(iii) no surveying Operation shall be conducted otherwise than by or under the personal supervision of a public servant duly authorized in this behalf, in the case of land under the control of military authority, by the Commanding Officer and, in other cases, by the Collector with the concurrence of the Commanding Officer; and

(iv) where any building, wall, bank or other construction above the ground has been permitted under clause (i) of this sub-section to he maintained, erected, added to or altered, repairs shall not without the written approval of the General Officer Commanding the Forces in the Union of Burma be made with materials different in kind from those employed in the original building, wall, bank or other construction.

(b) Within a second boundary which may extend to a distance of one thousand yards front the crest of the outer parapet of the work, the restrictions enumerated in clause (a) shall apply with the following additional limitations, namely : —

(i) no building, wall, bank or other construction of permament materials above the ground shall be maintained or erected:

Provided that, with the written approval of the General Officer Command­ing the Forces in the Union of Burma and on such conditions as he may prescribe, hunts, fences and other constructions of wood or other materials easily destroyed or removed may be maintained, erected, added to or altered:

Provided, also, that any person having control of the land as owner, lessee or occupier shall be bound forthwith to destroy or remove such huts, fences or other constructions, without comnpensation, upon an order in writing signed by the General Officer Commanding the Forces in Burma ; and

(ii) live hedges, rows or clumps of trees or orchards shall not be maintained, planted, added to or altered otherwise than with the written approval of the General Officer Commanding the Forces in the Union of Burma and on such conditions as he may prescribe.

(c) Within a third boundary which may extend to a distance of five hundred yards from the crest of thie outer parapet of the work, the restrictions enumerated in clauses (a) and (b) shall apply with the following additional limitation, namely: —

no building or other construction on the surface, and no excavation, building or other construction below the surface, shall be maintained or erected:

Provided that, with the written approval of the Commanding Officer and on such conditions as he may prescribe, open railings and dry brush-wood fences may be exempted from this prohibition.

8. As soon as may be after the publication of the declaration aforesaid, the Collector shall cause the land to be marked out and measured, and shall also prepare a register and a detailed plan, which shall be on a scale not smaller than six inches to the mile, showing accurately every building, tree and other obstruction.

9. (1) At any time before the expiration of —

(a) the period of eighteen months from the publication of the declaration referred to in section 3, or

(b) such other period not exceeding three years from the said publication as the President of hte Union may, by notification in the Gazette, direct in this behalf,

the Collector shall cause public notice to be given at convenient places on or near the land, stating the effect of the said declaration and that claims to compensation for all interests in such land affected by anything done or ordered in pursuance of such declaration may be made to him:

Provided that, where anything has been done in exercise of the powers conferred, in case of emergency, by section 6, sub-section (3), the notice prescribed by this section shall be given as soon as may be thereafter.

(2) Such notice shall state the particulars of any damage ordered to be done or, in the case referred to in section 6, sub-section (3), done in exercise of any of the powers conferred by the said section, and the particulars of any restrictions attaching to the land under section 7, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for damage to such interests and their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and signed by the party or his agent.

(3) The Collector shall also serve notice to the same effect out the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorized to receive service on their behalf, within the revenue-district in which the land is situate.

(4) In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business.

10. The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement.

11. Every person required to make or deliver a statement under section 9 or section 10 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Penal Code.

12. On the day fixed under section 9, or on any other day to which the inquiry has been adjourned, the Collector shall proceed to inquire into the objections (if any) which any person interested has stated pursuant to a notice given under the said section to the measurements made under section 8, and into the decrease in the value of the land, and into the respective interests of the persons claiming the compensation, and shall make an award under his hand of —

(a) the true area of the land and the nature of the obstructions from which the land is to be kept free;

(b) the compensation which in his opinion should be allowed for any damage caused or to be caused under section 6 and for any restrictions imposed under section 7 ; and

(c) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom or of whose claims he has information, whether they have respectively appeared before him of not.

13. (1) Such award shall be filed in the Collector’s office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area of the land, the nature of the said obstructions, from which the land is to be kept free, the damage caused or to be caused under section 6, the value of the rights restricted under section 7, and the apportionment of the compensation among the persons interested.

(2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.

14. The Collector may, for any cause he thinks fit, from time to time adjourn the inquiry to a day to be fixed by him.

15. For the purpose of inquiries under this Act the Collector shall have power to summon and enforce the attendance of witnesses, in cluding the parties interested or any of them, and to compel the production of documents, by the same means, and (so far as may be) in the same manner, as is provided in the case of a civil Court under the Code of Civil Procedure.

16. In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24.

17. Whenever the officer exercising the powers conferred by section 6 considers it necessary that anything in respect of which any person is or may be entitled to compensation, but of which no notice has been given or compensation awarded, under sections 9 and 12, respectively, should be done in pursuance of the said powers, the Collector shall cause supplementary notice to be given, as nearly as may be, in the manner prescribed by section 9 and subject to the limit of time imposed by sub-sectiomm (1) of that section, and the provisions of sections 10 to 16 shall, so far as they are applicable, be deemed to apply to any further inquiry and award which may be held or made in consequence of such supplememmtary notice.

PART III

REFERENCE TO COURT AND PROCEDURE THEREON

18. (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measure­ment of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested:

Provided that every such application shall be made,—

(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector’s award;

(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 13, sub-section (2), or within six months from the date of the Collector’s award, whichever period shall first expire.

(2) The application shall state the grounds on which objection to the award is taken.

19. (1) In making the reference the Collector shall state for the information of the Court, in writing under his hand,—

(a) the situation and extent of the land with particulars of any damage caused under section 6 or of restrictions imposed under section 7;

(b) the names of the persons whom he has reason to think interested in such land;

(c) the amount of compensation awarded under section 12; and

(d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.

(2) To the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by, the parties interested respectively.

20. The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served on the following persons, namely : —

(a) the applicant;

(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and
(c) if the objection is in regard to the area of the land, the nature of the obstructions or the amount of the compensation, the Collector.
21. The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.

22. Every such proceeding shall take place in open Court and all persons entitled to practice in any civil Court in the Union of Burma shall be entitled to appear, plead and act, as the case may be, in such proceeding.

23. (1) In determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, the Court shall take into consideration :—

(a) the actual decrease in market-value of the hand owing to the publication of the declaration relating thereto under section 3 and any damage caused or to be caused under section 6;

(b) the damage sustained by the person interested by reason of the removal of any standing crops in the exercise of any power conferred by section 6;

(c) the damage (if any) sustained by the person interested by reason of ceasing to be able to use such land conjointly with his other land;

(d) the damage (if any) sustained by the person interested by anything done or ordered under sections 6 and 7 injuriously affecting his other pro­perty, moveable or immoveable, in any other manner, or his earnings; and

(e) if, in consequence of the imposition of restrictions, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change.

(2) In addition to the amount representing the actual decrease in the market­-value of the land as above provided, the Court shall in every case award a further sum of fifteen per centum on such amount.

24. In determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, the Court shall not take into consideration —

(a) the degree of urgency which has led to the damage or the imposition of restrictions;

(b) any disinclination of the person interested to submit to damage or restric­tions;

(c) any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;

(d) any increase to the value of the other land of the person interested accruing or likely to accrue from anything done under this Act; or

(e) any outlay or improvements on, or disposal of, the land commenced, made or effected without the sanction of the Collector after the date of the publication of the declaration under section 3.

25. (1) When the applicant has made a claim to compensation, pursuant to any notice given under section 9, the amount awarded to him by the Court shall not exceed the amount so claimed or be less than the amount awarded by the Collector under section 12.

(2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no case exceed the amount awarded by the Collector.

(3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded to him by the Court shall not be less than, and may exceed, the amount awarded by the Collector.

26. Every award under this Part shall be in writing signed by the Judge and shall specify the amount awarded under section 23, sub-section (1), clause (a), and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts.

27. (1) Every such award shall also state the amount of costs incurred in the proceedings under this Part, and by what persons and in what proportion they are to be paid.

(2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court is of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector’s costs.

28. If the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the Court may direct that the Collector shall pay interest on such excess at the rate of six per centum per annum from the date of his award to the date of payment of such excess into Court.

PART IV

APPORTIONMENT OF COMPENSATION

29. Where there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.

30. Where the amount of compensation has been settled under section 12, if any dispute arises as to the apportionment of the same or any part thereof or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute to the decision of the Court.

PART V

PAYMENT

31. (1) On making an award under section 12, the Collector shall tender paynment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-section (2).

(2) If they do not consent to receive it, or if there is no person competent to alienate the land, or if there is any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted:

Provided, first, that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:

Provided, secondly, that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18:

Provided, thirdly, that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.

(3) Notwithstanding anything in this section, the Collector may, with the sanction of the President of the Union, instead of awarding a money commpensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, or by the remission of land-revenue on the same or on other lands held under the same title, or in such other way as may be equitable having regard to the interests of the parties concerned.

(4) Nothing in sub-sectiomm (3) shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof.

32. (1) If any money is deposited in Court under section 31, sub-sectioum (2), and it appears that the land in respect of which the same was awarded belonged to any person who had no power to alienate the same, the Court shall order the money to be invested ——

(a) in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money was deposited is held, or,

(b) if such purchase cannot be effected forthwith, then in such Government or other approved securities as it thinks fit;

and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the posession of the said land, and such moneys shall remain so deposited and invested and the same are applied —

(i) in the purchase of such other lands as aforesaid; or

(ii) in payment to any person or persons becoming absolutely entitled thereto.

(2) In all cases of moneys deposited to which this section applies, the Court shall order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the Collector, namely: —

(a) the costs of such investments as aforesaid

(b) the costs of the orders for the payment of the interest or other proceeds of the securities in which such moneys are for the time being invested, and for the payment out of Court of the Principal of such moneys and the costs of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.

33. If any money is deposited in Court under this Act for any cause other than that mentioned in section 32, the Court may, on time application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it thinks fit, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as will, in its opinion, give the parties interested therein the same benefit therefrom as they might have had from the land in respect of which such money was deposited or as near thereto as may be.

34. When the amount of any compensation awarded under this Act is not paid or deposited within fifteen days of making the award, the Collector shall pay the amount awarded within interest thereon at the rate of six per centum per annum from the date of the award untll it is so paid or deposited.

PART VI

MISCELLANEOUS

35. (1) Service of any notice under this Act shall be made by delivering or tendering a copoy thereof signed, in the case of a notice under section 3, sub-section (2), by the officer therein mentioned, and, in the case of any other notice, by or by order of the Collector or the Judge.

(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.

(3) When such person cannot be found, the service may be made on any adult male member of his family residing within him; and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the Court-house and also in some conspicuous part of the land upon which restrictions are to be imposed :

Provided that, if the Collector or Judge so directs, a notice may be sent by post in a letter addressed to the person named therein at his last known residence address or place of business and service of it may be proved by the production of the addressee’s receipt.

36. Whoever wilfully —

(a) obstructs any person in doing any of the acts authorized by section 4, section 6 or section 8, or

(b) destroys, damages, alters or otherwise interferes with the ground-level or any work done under section 6, or

(c) contravenes any of the provisions of section 7 or any condition prescribed thereunder,

shll be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees, or with both, and, in the case of a continuing offence, within an additional fine which may extend to five rupees for every day after the first in regard to which he is convicted of having percisted in the offence; and any expenses incurred in removing the effects of his offence may be recovered from him in the manner provided by the law for the the being in force for the recovery of fines.

37. If the Collector or officer authorized under section 6 is opposed or impeded in doing anything directed or permitted by this Act, he shall, if a Magistrate, enforce compliance, and, if not a Magistrate, he shall apply to a Magistrate or (within Rangoon) to the Commissioner of Police, and such Magistrate or Commissioner (as the case may be) shall enforce compliance.

38. (1) The President of the Union shall be at liberty to withdraw from the imposition of any declared restrictions before any of the measures authorized by section 6 have been taken.

(2) Whenever the President of the Union withdraws the imposition of any declared restric­tions, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said restrictions.

(3) The Provisions of Part III shall apply, so far as may be, to the determination of the compensation payable under this section.

39. (1) The provisions of this Act shall not be put in force for the purpose of demolishing or acquiring the right to demolish a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be demolished or that the right to demolish the whole of it shall be acquired:

Provided that the owner may at any time before the Collector has made his award under section 12, by notice in writing, withdraw or modify his expressed desire that the whole of such house, manufactory or building shall be demolished, or that the right to demolish the whole of it shall be acquired:

Provided, also, that, if any question shall arise as to whether any building or other construction proposed to be demolished under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Court, and such building or other construction shall not be demolished until after the question has been determined.

In deciding on such a reference the Court shall have regard to the question whether the building or other construction proposed to be demolished is reasonably required for the full and unimpaired use of the house, manufactory or building. –

(2) If, in the case of any claim of the kind referred to in section 23, sub-section (1), clause (c), by a person interested, on account of ceasing to be able to use the land, upon the use and enjoyment of which restrictions are to be imposed, conjointly with his other land, the President of the Union is of opinion that the claim is unreason­able or excessive, he may, at any time before the Collector has made his award, order the imposition of restrictions upon the whole of the land of which the land upon the use and enjoyment of which it was first sought to impose restrictions forms a part.

(3) In the case provided for by sub-section (2) no fresh declaration or other proceeding under sections 3 to 10 shall be necessary; but the Collector shall without delay furnish a copy of the order of the President of the Union to the person interested, and shall thereafter proceed to make his award under section 12.

(4) Notwithstanding anything contained in section 7, clause (a), any land, upon the use and enjoyment of which restrictions are imposed under this section, may be included in the outer boundary, even though its distance from the crest of the outer parapet of the work exceeds two thousand yards.

40. No award or agreement made under this Act shall be chargeable with stamp-duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.

41. No suit or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this Act, without giving to such person a month’s previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends.

42. Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure shall apply to all proceedings before the Court under this Act.

43. Subject to the provision of the Code of Civil Procedure applicable to appeals from original decrees, an appeal shall he to the High Court from the award or from any part of the award of the Court in any proceeding under this Act.

44. (1) The President of the Union may make rules for the guidance of officers in all matters connected with the enforcement of this Act.

(2) The power to make rules under sub-section (1) shall be subject to the condition of the rules being made after previous publication.

(3) All rules made under sub-section (1) shall be published in the Gazette, and shall thereupon have effect as if enacted in this Act.

The Burma Code Volume 3: The Burma Excise Act

THE BURMA EXCISE ACT.

CONTENT.

CHAPTER I.

PRELIMINARY AND DEFINITIONS

Sections.
1. * * * *
2. Definitions.
3. The President to declare what shall be deemed to be " country alcoholic liquor " and "foreign alcoholic liquor" respectively.
4. Powers conferred by the Act may be exercised wholly or partially. 5, Power of President to exempt persons and excisable articles from the provisions of the Act.
Saving of enactments.

CHAPTER II.
ESTABLISHMENT AND CONTROL

6. President's powers of appointment and control

CHAPTER III.
IMPORT, EXPORT AND TRANSPORT.

Sections.
7. Restriction on import, export or transport.
8. Power to prohibit import, export or, transport.
9. Passes to import, export or transport.
10. Passes granted by Collector.

CHAPTER IV.
MANUFACTURE, POSSESSION AND SALE.

11. Hemp cultivation prohibited.
12. Unlicensed manufacture. etc., prohibited.
13. Unlicensed possession or use, etc., of hypodermic syringes prohibited.
14. Establishment of distilleries, breweries and warehouses.
15. Payment of duly on removal from distillery, brewery or place of storage.
16. Possession of excisable articles generally.
17. Prohibition of possession of excisable article unlawfully manufactured. import-ed, etc.
18. Prohibition of sale without licence.
19. Grant of exclusive privileges as regards country alcoholic liquor.
20. Manufacture and sale in cantonments.
21. Licensees to keep weights, etc., and to test articles as required.
22. Prohibition of employment of persons under the age of sixteen years and of women.
23. Closing of shops for the sake of public peace.

CHAPTER V.
DUTIES AND FEES.

24. Duty on excisable articles.
25. Ways of imposing duty.
26. Rate of duty on issue from bond.
27. Payment for monopoly.

CHAPTER VI.
LICENCES, PERMITS AND PASSES.

Sections.
28. Power to cancel or suspend licences.
29. Further power to withdraw licences.

CHAPTER VII.
OFFENCES AND PENALTIES.

30. Penalties for illegal import, etc., of excisable articles.
31. Penalty for illicit distillation.
32. * * * *
33. Penalty for offences in relation to hypodermic syringes.
34. Penalty for altering or attempting to alter denatured spirit.
35. Presumption as to offence under section 34 in certain cases.
36. Presumption as to any spirit which contains any denaturant.
37. Penalty for possession of excisable article.
38. Penalty for keeping or knowingly permitting the keeping of place for selling alcoho-lic liquor or intoxicating drug.
39. For offences not otherwise provided for.
40. Penalty for certain unlawful acts of licensed vendors.
41. Penalty for misconduct by licensees, etc.
42. Penalty for consumption in chemist's shop, etc.
43. Attempts and abetments to commit offences.
44. Presumption as to commission of offence in certain cases.
45. Liability of licence-holder for acts of employee or agent.
46. Enhanced punishment after previous conviction.
47. Things liable to confiscation.
48. Confiscation how ordered.
49. Power to compound offences.
50. For Excise-officer refusing to do duty.

CHAPTER VIII.
DETECTION, INVESTIGATION AND TRIAL OF OFFENCES.

51. Duty of owners, etc., to give information.
52. Duty of officers to report and assist Excise-officer.
53. Power of entry and inspection.
54. Powers of arrest and seizure.
55. Power to issue a warrant for arrest or search.
56. Power to search without a warrant.
57. Powers of Excise-officers in matters of investigation.
58. Report by investigating officer.
59. Report by Excise-officer.
60. Arrests, searches, etc., how to be made.
61. Security for appearance in case of arrest without warrant.
61A. Person arrested or ordered to give security to allow photograph or finger and thumb impressions to be taken.
61B. Procedure in case of resistance or refusal to allow taking of same.
62. Magistrate having jurisdiction to try offences.
63. Prosecution restricted.
64. Security for abstaining from committing offence on conviction.
64A. Power to demand security.

CHAPTER IX.
MISCELLANEOUS.

65. Power to make rules.
66. Publication of rules and notifications.
67. Recovery of Government dues.
67A. Recovery of penalty on breach of condition of bond.
68. Bar of actions.
69. Time within which prosecutions may be instituted.

----------------------------------------

THE BURMA EXCISE ACT.
[BURMA ACT V, 1917.] (1st October, 1917,)

CHAPTER I.
PRELIMINARY AND DEFINITIONS.

1. * * * *
2. In this Act, unless there is something repugnant in the subject. or Definitions. context,_
(a) "alcoholic liquor" means all liquid containing more than 2 per cent, of alcohol by volume, also unfermented tari and any substance which the President of the Union may, by notification, declare to be alcoholic liquor for the purposes of this Act;
(b) "beer" includes ale, stout, porter and other alcoholic liquors prepared by fermentat-ion and usually made from malt, and also such other alcoholic liquors as may be declared by the President of the Union to be beer for the purposes of this Act;
(c) "to bottle" means to transfer liquor from a cask or other vessel to a bottle, jar, flask, or similar receptacle whether any process of manufacture is employed or not, and includes to re-bottle ;
(d) * * * . *
(e) "denatured" means rendered unfit for human consumption in such manner as may be prescribed by rule made in this behalf under section 65, sub-section (2), clause (1) ;
(f) "excisable article" means any alcoholic liquor or intoxicating drug as defined by or under this Act ;
(g) "Excise-officer" means any person or officer appointed or invested with powers under this Act ;
(h) "excise-revenue" means revenue derived or derivable from any duty, fee, tax, composit-ion, penalty, payment, or confiscation imposed or ordered under the provisions of this Act or of any other law for the time being in force relating to alcoholic liquor or intoxicating drugs ; but does not include a fine imposed by a Court of law ;
(i) "export" means to take out of the Union of Burma ;
(j) * * * *
(k) "import" means to bring into the Union of Burma ;
(l) "intoxicating drug" mean
(i) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis Sativa, L.), including all forms known as bhang, siddhi or ganja ;
(ii) charas, that is, the resin obtained from the Indian hemp plant, which has not been submitted to any manipulations other than those necessary for packing and transport ;
(iii) any mixture, with or without neutral materials, of any of the above forms of intoxicating drug, or any drink prepared therefrom ; and
(iv) any other intoxicating or narcotic substance [or any fermenting agent]1 which the President of the Union may, by notification, declare to be an intoxicating drug, such substance [or agent] 1 not being opium, coca-leaf, or a manufact-ured drug, as defined in section 2 of the Dangerous Drugs Act ;
(m) "manufacture". includes-‑
(i) every process, whether natural or artificial, by which any excisable article is produced or prepared (including the tapping of tari producing trees and the drawing of tari from trees) ;
(ii) redistillation ; and
(iii) every process for the rectification, flavouring, blending or colouring of alcoholic liquor ;
(n) "medical practitioner " means
(i) any person possessed of qualifications which render him eligible for registration under the Medical Act, 1858, and any Act of [Parliament of the United Kingdom of Great Britain and Ireland]2 amending the same, or under any law for the registra­tion of medical practitioners for the time being in force in any part of the Union of Burma, or
(ii) any dentist possessed of qualifications which render him eligible for registration as a dentist under the Dentists' Act, 1878, and any Act of Parliament of the United Kingdom of Great Britain and Ireland amending the same, or
(iii) any other person engaged in medical or dental practice, licensed as a medi-cal practitioner for the purposes of this Act by the Excise Commissioner;
(o) "place" includes a building, shop, tent, enclosure, booth, vehicle, vessel and raft ;
(p) expressions referring to "sale" include any transfer otherwise than by way of gift;
(q) "spirit" means any alcoholic liquor containing alcohol obtained by distillation ;
(r) "taxi" means the sap or juice whether fermented or unfermented of any kind of palm tree;
(s) "transport" means to move between places within the Union of Burma ;
(t) "veterinary practitioner" means a person holding a veterinary diploma or certifi-cate recognized by the President of the Union in this behalf.
3. The President of the Union may, by notification, declare what, for all or any of the purposes of this Act, shall be deemed to be "country alcoholic liquor" and "foreign alcoholic liquor" respectively.

4. All powers conferred by this Act on the President of the Union may be exercised, wholly or partially, with respect either to the whole of the Union of Burma or to any local area, as regards persons generally or any specified class of persons or any specified indivi-dual, and as regards excisable articles generally or any specified excisable article or different strengths and qualities of the same excisable article, and as regards manufacture generally or any specified method of manufacture, and as regards cultivation, possession and sale of any excisable article.

5 (1) Subject to such conditions as he may prescribe, the President of the Union may, by notification, exempt any person or any excisable article ' from the provisions of this Act 1.

1 Inserted by Act LXXIII, 1953.
2 Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

(2) Save as provided by the Schedule, nothing contained in this Act shall affect the provisions of the Sea Customs Act, or the Cantonments Act, or the Burma Tariff Act.

CHAPTER II.

ESTABLISHMENT AND CONTROL.

6. The President of the Union may by notification
(a) appoint an officer, hereinafter referred to as the Excise Commissioner, who shall, subject to the orders of the President of the Union, have the control of the administration of the Excise department and of the collection of the excise-revenue ;
(b) appoint any person or officer other than the Collector to exercise all or any of the powers and to perform all or any of the duties of a Collector under this Act, either concurrently with, in subordination to or to the exclusion of the Collector, subject to such control as the President of the Union may direct ;
(c) appoint officers of the Excise department of such classes and with such designations, powers and duties under this Act as he may think fit ;
(d) order that all or any of the powers and duties assigned to any officer under clause (c) shall be exercised by any Government officer or any person ;
(e) delegate to the Financial Commissioner, to a Commissioner or to the Excise Commissioner all or any of his powers under this Act ;
(f) permit the delegation subject to such conditions as he may think fit by the Financial Commissioner, by a Commissioner, by the Excise Commissioner or by a Collector of any powers conferred on him or them by this Act or exercised in respect of excise-revenue under any Act for the time being in force ;
(g) declare in what cases or classes of cases and to what authorities appeals shall lie from orders, whether original or appellate, passed under this Act and by what authorities such orders may be revised, and prescribe the time for and manner of presenting and the procedure for dealing with appeals and revisions.

CHAPTER III.
IMPORT, EXPORT AND TRANSPORT.

7. No excisable article shall be imported, exported or transported, except —
(a) after payment of any customs or excise duty to which it may be liable or execution of a bond for such payment ; and
(b) on compliance with such conditions as the President of the Union may impose.

8. The President of the Union may, by notification, prohibit the transport and the import or export of any excisable article.
9. No excisable article exceeding such quantity as the President of the Union may prescribe by notification shall be imported, exported or, transported, except under a pass issued under the provisions of section 10 :

Provided that in the case of duty-paid foreign alcoholic liquor such passes shall be dispensed with unless the President of the Union shall by notification otherwise direct.

10. Save in respect of such excisable articles as the Excise Commissioner may prescribe by notification, passes for the import, export or transport of excisable articles may be granted by the Collector

CHAPTER IV

MANUFACTURE, POSSESSION AND SALE.

11. No person shall cultivate or collect the hemp plant (Cannabis Sativa), or any plant specified as an intoxicating drug by notification under section 2 (1) (iv), except under and in accordance with the conditions of a special licence granted by the President of the Union.

12. Except under the authority and subject to the conditions of a licence granted under this Act
(a) no excisable article shall be manufactured or collected ;
(b) no distillery or brewery shall be constructed or worked ; and
(c) no person shall use, keep or have in his possession any materials or apparatus whatsoever for the purpose of manufacturing any excisable article.

13. No person shall make, sell, possess or use--
(i) any hypodermic syringe, or
(ii) any other apparatus suitable for injecting any intoxicating drug, except under and in accordance with the conditions of a licence granted under this Act :

1 Now the Tariff Act, No. LXXII of 1953.

Provided that this prohibition shall not apply to
(a) a medical practitioner,
(b) a veterinary practitioner,
(c) a person who possesses or uses any such syringe or apparatus on the prescription of a medical practitioner.

14. The Excise Commissioner may-‑
(a) establish premises in which alcoholic liquor may be manu-factured under a licence granted under section 12 ;
(b) sanction the construction and working of a distillery or brewery ; and
(c) establish or sanction the establishment of a warehouse wherein any excisable article may be deposited, bottled or kept without payment of duty.

15. Without the sanction of the President of the Union, no excisable article shall be removed from any premises, distillery, brewery, ware-house or other place of storage established or licensed under this Act unless the duty (if any) imposed under section 24 has been paid or a bond has been executed for the payment thereof.

16. (1) The President of the Union may, by notification, prescribe a limit of quantity for possession of any excisable article.
(2) No person shall have in his possession any quantity of any excisable article in excess of the limit prescribed under sub-section (1), except under the authority and in accordance with the terms and conditions of
(a) a licence for the manufacture; cultivation, collection, sale or supply of such article, or
(b) a permit granted by the Collector in that behalf.
(3) Sub-section (2) shall not apply to any foreign alcoholic liquor_
(a) which is in the possession of any common carrier or warehouse man as such, or
(b) which is lawfully procured by and in the possession of any person for his bona fide private consumption and not for sale.
(4) Notwithstanding anything contained in the foregoing sub-sections, the President of the Union may, by notification, prohibit the possession of any excisable article or restrict such possession by such conditions as he may prescribe.

17. No person shall have in his possession any quantity of any excisable article, knowing. the same to have been unlawfully imported, transported, manufactured, cultivated or collected, or knowing the prescribed duty not to have been paid thereon,

18. No alcoholic liquor shall be bottled for sale and no excisable article Prohibition shall be sold except under the authority and subject to the conditions of a
licence granted under this Act :
Provided that_
(a) a person having the right to thetari drawn from any tree may sell the same without a licence to a person licensed to sell tari under this Act or permitted to possess tari in wholesale quantities by a permit granted under section 16 ;
(b) nothing in this section shall apply to the sale of any foreign alcoholic liquor legally procured by any person for his private use and sold by him or on his behalf or on behalf of his representatives in interest upon his quitting a station or after his decease.

19. The President of the Union may grant within any specified area to any person the monopoly of manufacturing and of selling or of manufacturing only or of selling only any country alcoholic liquor.

20. Within the limits of any military cantonment and within such distance from those limits as the President of the Union in any case may prescribe, no licence for the retail sale of alco-holic liquor shall be granted unless with the knowledge and consent of the Commanding Officer.

21. Every person who manufactures or sells any excisable article under a licence granted under this Act shall be bound
(a) to supply himself with such weights, measures and instruments as the Excise Commissioner may prescribe and to keep the same in good condition ; and
(b) on the requisition of any Excise-officer duly empo-wered in that behalf, at any time to weigh, measure or test any excisable article in his possesssion in such manner as the Excise-officer may require.

22. (1) No person who is licensed to sell foreign alcoholic liquor or country spirit for consumption on his premises shall, during the hours in which such premises are kept open for business, employ or permit to be employed, either with or without remuneration, any person under the age of sixteen years in any part of such premises in which such alcoholic liquor or spirit is consumed by the public.
(2) No person who is licensed to sell foreign alcoholic liquor for consumption on his premises shall, during the hours in which such premises are kept open for business, employ or permit to be employed, either with or without remuneration, any woman
(a) in any part of such premises, for the purpose of selling or serving or otherwise assisting in the sale of liquor ; or
(b) in any part of such premises where alcoholic liquor is consumed. for any other purpose, except in accordance with such; conditions as may be prescribed by the Collector with the previous approval of the Excise Commissioner.

23. The District Magistrate or, in Rangoon, the Commissioner of Police, by notice in writing to the licensee may require that any shop in which any excisable article is sold shall be closed at such times and for such periods as he may think necessary for the preservation of the public peace.
If a riot or unlawful assembly is apprehended or occurs in the vicinity of any such shop, a Magistrate of any class or Excise or Police officer above the rank of a peon or constable who is present may require such shop to be kept closed for such period as he may think necessary :
Provided that where any riot or unlawful assembly occurs, the licensee shall, in the absence of such Magistrate or officer, close his shop without any order.

CHAPTER V.
DUTIES AND FEES.

24. (1) 1 he President of the Union may impose a duty at such rate or rates as he thinks fit on any excisable article --
(a) imported, exported or transported in accordance with the provisions of section 7 ; or
(b) cultivated, collected or manufactured under any licence granted under section 11 or section 12 ; or
(c) manufactured in any premises established or in any distillery or brewery licensed under section 14:
Provided that--
(i) duty shall not be imposed on any article which has been imported into the Union of Burma and was liable, on such importation, to duty under the Sea Customs Act or the Burma Tariff Act' ;
(ii) duty imposed on denatured spirit or beer manufactured in the Union of Burma shall, unless the President of the Union otherwise directs, be equal to the duty to which denatured spirit or beer, as the case may be, when imported into the Union of Burma by sea, is liable under the Burma Tariff Act 1.
(2) Duty may be imposed under sub-section (1) at different rates according to the places to which any excisable article is to be removed or according to the strength and quality of such article.

25. A duty under section 24 may be imposed—
(1) on the quantity of excisable articles imported, exported, transported, cultivated, collected or manufactured in or issued from any premises established or distillery or brewery or warehouse licensed under section 14 ;
(2) in respect of spirit or beer or country fermented alcoholic liquor other than tari produced in the Union of Burma
(a) on the quantity of materials used in the production thereof, or
(b) with reference to the degree of attenuation of the wash or wort.

26. Where payment is made upon the issue of an excisable article for sale from a warehouse, it shall be at the rate of duty in force on the date of issue of such article from the warehouse.

27. Instead of or in addition to any duty leviable under this Chapter, the President of the Union may accept payment of a sum in consideration of the grant of any monopoly under section 19,

1Now the Tariff Act, No, I,XXII of 1953,

CHAPTER VI.
LICENCES, PERMITS AND PASSES.

28. (1) The authority which granted any licence, permit or pass under this Act may cancel or suspend it in such circumstances as may be prescribed by rule in that behalf.
(2) When a licence, permit or pass held by any person is cancelled under sub-section (1) any other licence, permit, or pass granted to such person under this Act or under any other law for the time being in force relating to excise-revenue or opium shall be liable to cancellation.
(3) When a licence, permit or pass is cancelled or suspended-‑
(i) the holder shall not be entitled to any compensation for its cancellation or suspersion or to the refund of any fee paid or deposit made in respect thereof ;
(ii) the fee payable for the balance of the period for which such licence, permit or pass would have been current but for such cancellation or suspension may be recovered from the ex-licen­see or his surety, if any, as excise-revenue ;
(iii) a fresh licence for the unexpired period or for the period of suspension may be granted in accordance with the provisions of this Act, or a manager to carry on the business during such period may be appointed by the Collector : Provided that when the fee or duty realized on account of such fresh licence or the profit derived from such management together with the amount recovered under clause (ii) exceeds the amount so recoverable the Collector may refund to the person from whom the recovery was made so much of the excess as does not exceed the amount actually recovered.

29. (1) Whenever the authority which granted any licence considers that it should be withdrawn in circumstances which do not justify cancellation or suspension under section 28, it shall remit a sum equal to the amount of the fees payable in respect thereof for fifteen days and may` withdraw the licence either on the expiration of fifteen days' notice in writing of its intention to do so, or forthwith without notice.
(2) If any licence be withdrawn forthwith without notice under sub-section (1), in addition to the sum remitted as aforesaid, there shall be paid to the licensee by way of compensation such further sum as the Excise Commissioner may direct.
(3) When a licence is withdrawn under this section any fee paid in advance or deposit made by the licensee in respect thereof shall be refunded to him, less the amount, if any, due to Government.

CHAPTER VII.
OFFENCES AND PENALTIES.

30. Whoever, in contravention of this Act or of any rule, notification or order made or of any licence, permit or pass obtained thereunder,
(a) imports, exports, transports, manufactures, collects or possesses any excisable article; or
(b) save in the cases provided for in section 40, sells any excisable article ; or
(c) constructs or works any distillery or brewery ; or
(d) uses, keeps or has in his possession any materials or apparatus whatsoever for the purpose of manufacturing any excisable article ; or
(e) removes any excisable article from any premises, distillery, brewery or warehouse established or licensed under this Act ; or
(f) bottles any alcoholic liquor for the purposes of sale; or
(g) cultivates the hemp plant, or any plant declared to be an intoxicating drug by a notification under sect-ion 2 (l) (iv) ;
shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

31. Whoever, in contravention of this Act or of any rule, notification or order made or of any licence, permit or pass obtained thereunder, manufactures any spirit shall be punish-able with imprisonment which may extend to [one year and shall also be liable to fine.]1

32. * * * *

33. Whoever, in contravention of section 13, makes, sells, possesses or uses
(a) any hypodermic syringe, or
(b) any other apparatus suitable for injecting any intoxicating drug,
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both,

34. Whoever —
(a) alters or attempts to alter any denatured spirit, whether manufac­tured in the Union of Burma or not, with the intention that such spirit may be used in any way whatsoever for human consumption ; or
(b) has in his possession any spirit in respect of which he knows or has reason to believe that any such alteration or attempt has been made;
shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

35. In prosecutions under section 34 where the accused person is proved to be in possession of any spirit which is, or contains, or has been derived from denatured spirit, and in respect of which any such alteration or attempt as is referred to in section 34 has been made, it may, from the mere fact of such possession, be presumed, unless and until the contrary is proved, that such person--
(a) has himself made such alteration or attempt. or
(b) knows or has reason to believe that such alteration or attempt has been made.

36. In any prosecution under this Act it may be presumed, unless and until the contrary is proved, that any spirit which contains any quantity of any denaturant is, or has been derived from, denatured spirit.

37. Whoever without lawful authority has in his possession any quantity of any excisable article, knowing or having reason to believe that the same has been unlawfully imported, transported, manufactured, cultivated or collected, or that the prescribed duty has not been paid thereon, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ore thousand rupees, or with both.

38. (1) Whoever, in contravention of this Act or of any rule, notification or order thereunder, keeps or uses any place for the purpose of selling any alcoholic liquor or of selling or administering any intoxicating drug, or knowingly permits any place owned or occupied by him or under his control to be kept or used for such purposes, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
(2) When any person is charged under sub-section (1) with permitting any place owned or occupied by him or under his control to be kept or used for the purpose of selling any alcoholic liquor or of selling or administering any intoxicating drug and it is proved-‑
(a) that any person has been convicted under sub-section (1) of selling any alcoholic liquor or of selling or administering any intoxicating drug in such place;
(b) that a written notice of such conviction has been served by the Collector on the person owning or occupying or being control of such place ; and
(c) that at any time within six months after the date of service of such notice such place has again been kept or used for the purpose of selling alcoholic liquor or of selling or administering an intoxicating drug ;
it shall be presumed until the contrary is proved that the person owning or occupying or being in control of such place knowingly permitted it to be kept or used for the purpose of selling alcoholic liquor or of selling or administer­ing an intoxicating drug, as the case may be.

39. Whoever does any act in contravention of any of the provisions of this Act, or of any rule, notification or order made thereunder, and not otherwise provided for therein, shall be punishable with fine which may extend to two hundred rupees.

40. (1) If a licensed vendor or any person in his employ or acting on his behalf__
(a) sells or gives any excisable article to a person who is (i) intoxicated, or (ii) apparently under the age of eighteen years ; or
(b) employs or permits to be employed on any part of the licensed premises any person whom he is prohibited from employing under this Act ; or
(c) permits intoxication, disorderly conduct or gaming on the licensed premises ; or
(d) permits persons whom he knows or has reason to believe to have been convicted of any non-bailable offence, or who are reputed prostitutes, to resort to or assemble on the licensed premises, whether for the purposes of crime or prostitution or for any other purpose ;
he shall, in addition to any other penalty to which he may be liable, be punishable, with fine which may extend to five hundred rupees.
(2) When any licensed vendor or any person in his employ or acting on his behalf is charged with permitting intoxication on the premises of such vendor, and it is proved that any person was intoxicated on such premises, it shall lie on the person charged to prove that the licensed vendor and the persons employed by him took all reasonable steps for preventing intoxication on such premises.

41. If the holder of a licence, permit or pass granted under this Act, or any person in the employ of such holder or acting on his behelf, intentionally__
(a) fails without good and sufficient reason to produce such licence, permit or pass on the demand of any Excise-officer ; or
(b) contravenes any rule made under section 65 ; or
(c) does any act in breach of any of the conditions of the licence; permit or pass not otherwise provided for in this Act ;
he shall be punishable in case (a) with fine which may extend to two hundred rupees, and in case (b) or case (c) with fine which may extend to five hundred rupees.

42. (1) If a chemist, druggist, apothecary or keeper of a dispensary allows any excisable article, which has not been bona fide medicated for medicinal purposes, to be consumed on his business premises by any person not employed in his business, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
(2) If any person not employed as aforesaid consumes any such excisable article on such premises, he shall be punishable with fine which may extend to two hundred rupees.

43. (1) Whoever attempts to commit any offence punishable under this Act shall be liable to the punishment provided for the offence.
1(2) Whoever abets an offence punishable under this Act shall, whether such offence be or be not committed in consequence of such abetment, and notwithstanding anything contained in section 116 of the Penal Code, be liable to the punishment provided for the offence.

44. In prosecutions under section 30, section 31, section 33, section 37 or section 38 it may be presumed, until the contrary is proved, that the accused person has committed an offence under the section under which he is charged in respect of_
(a) any excisable article, or any apparatus for administering any intoxicating drug, or for the manufacture of any excisable article ; or
(b) any materials which have undergone any process towards the manu­facture of an excisable article, or from which an excisable article has been manufactured for the possession of which he is unable to account satisfactorily.

45. The holder of a licence, permit or pass under this Act shall be Liability of liable to punishment, as well as the actual offender, for any offence under section 30, section 31, section 33, section 34, section 37, section 40 or section acts of 41 committed by any person in his employ or acting on his behalf as if he had himself committed the same, unless he shall establish that all due and reasonable precautions were taken by him to prevent the commission of such offence :
Provided that no person other than the actual offender shall be punished under this section with imprisonment except in default of payment of a fine.

46. If any person, after having been previously convicted of an offence punishable under section 30, section 31, section 33, section 34, section 37 or section 38 or under similar provision in any enactment repealed by this Act, is subsequently convicted of an offence punishable under any of these sections, he shall be liable to twice the punishment which might be imposed on a fir conviction under this Act :
Provided that nothing in this section shall prevent any offence which might otherwise have been tried summarily under Chapter XXII of the Code Criminal Procedure from being so tried.

47. Whenever an offence punishable under this Act has been com­mitted,_
(a) all excisable articles, materials, or apparatus which are found at the place of the offence ;
(b) all receptacles, packages or coverings in which the said excisable articles, materials or apparatus are packed or stored ; and
(c) all animals, vehicles, vessels, or other conveyances used in carrying the articles specified in clauses (a) and (b) ;
shall be liable to confiscation :
Provided that when it is proved that the articles specified in clauses (b) and (c) are not the property of the offender they shall not be liable to confiscation if the owner thereof establishes that he had no reason to believe that such offence was being or was likely to be committed.

48. (1) When at the trial of any person accused of any offence punishable under this Act, the Magistrate decides that any thing or animal is liable to confiscation under section 47, he may order confiscation or may give the owner of the thing or animal liable to be confiscated an option to pay such fine as he thinks fit in lieu thereof.
(2) When there is reason to believe that an offence punishable under this Act has been committed but the offender is not known or cannot be found, or when any thing or animal liable to confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for, the case shall be enquired into and determined by the Collector who may order confiscation :
Provided that no such order shall be made until the expiration of one month from the date of seizing the thing or animal intended to be confiscated or without hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claims :
Provided further that, if the thing in question is liable to speedy and natural decay, or if the Collector is of opinion that the sale of the thing or animal in question would be for the benefit of its owner, the Collector may at any time direct it to be sold ; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the net proceeds of such sale.

49. The Collector may accept from any person whose licence, permit or pass is liable to be cancelled or suspended under section 28, or who is reasonably suspected of having committed an offence under section 39, section 40, or section 41, a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed, as the case may be, and in all cases whatsoever in which any property has been seized as liable to confiscation under this Act may at any time before an order of confiscation has been passed by a Magistrate release the same on payment of such amount as he may fix in this behalf.
On the payment of such sum of money, or such amount or both, as the case may be, to the Collector, the accused person, if in custody, shall be discharged, the property seized shall be released, and no further proceedings shall be taken against such person or property.

50. Any Excise-officer who shall be guilty of any violation of duty or wilful breach of or neglect of any law or rule 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 for a period of two months, or who shall be guilty of cowardice, or who shall offer any unwarrantable violence to any person in his custody, or who shall cause unwarrantable damage to any property in the performance of his duties, shall be punishable with imprisonment which may extend to three months, or with fine which may extend to three months' pay, or with both.

1 Substituted by Act XL, 1954.
2 Inserted by Act LXXII, 1951.

CHAPTER VIII.
DETECTION, INVESTIGATION AND TRIAL OF OFFENCES.

51. (a) The owner or occupier, and the agent of any owner or occupier of any place in or on which,
(b) every village-headman in whose village-tract, and
(c) every ward-headman of a town in whose ward,
any excisable article is cultivated, collected, manufactured or stored in contravention of this Act or of any rule, notification or order made thereunder shall be bound to give notice of the same to a Magistrate or to a Revenue, Police or Excise officer as soon as the same has come to his knowledge.

52. Every Revenue, Police, Salt and Customs officer shall be bound to give immediate information to an Excise-officer of the commission of any offence punishable under this Act which may come to his knowledge, and to aid any Excise-officer in carrying out the provisions of this Act upon request made by such officer.

53. An Excise-officer duly empowered in this behalf may_
(a) enter and inspect at any time by day or by night any place in which any licensed manufacturer carries on the manufacture of or stores any excisable article ;
(b) enter and inspect at any time during which sale is permitted, and at any other time during which the same may be open, any place at which any excisable article is kept for sale by any licensed person holding a licence under this Act ;
(c) examine accounts and registers and examine, test, measure weigh any excisable articles, materials or apparatus found the place ;
(d) seize and remove any apparatus which he has found to be inaccurate

54. Subject to such restrictions as the President of the Union may. prescribe, any Excise or Police officer, and any Revenue or Customs officer duly empowered in this behalf, may at any time by day or by night__
(a) arrest without any warrant any person found committing an offence punishable under section 30, section 31, section 33, section 34, section 37 or section 38 ;
(b) seize, search and detain any excisable article or other thing or animal which he has reason to believe to be liable to confiscation under this Act or any other law for the time being in force relating to excise-revenue ;
(c) detain and search any person upon whom he may have reason to suspect any article which is so liable to confi-scation to be.

55. If a Collector or Magistrate has reason to believe that an offence under section 30, section 31, section 33, section 34, section 37 or section 38 has been or is likely to be committed, he may issue a warrant-
(a) for the search of any place in which he has reason to believe that any excisable articles, materials, or apparatus in respect of which such offence has been or is likely to be committed are kept or concealed ; and -
(b) for the arrest of any person, who, he has reason to believe, has been or is likely to be engaged in the commission of such offence.

56. If an Excise-officer duly empowered in this behalf has reason to believe that an offence under section 30, section 31, section 33, section 34, section 37 or section 38 has been or is likely to be committed, and that a search-warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence of the offence, he may, at any time by day or night,
(a) enter and search any place and may seize any thing found therein which he has reason to believe to be liable to confiscation under this Act, and
(b) detain and search, and, if he thinks proper, arrest without a warrant any person found in such place whom he has reason to believe to be guilty of such offence.

57. (1) An Excise-officer duly empowered in this behalf may as regards offences under section 30, section 31, section 33, section 34, section 37 and section 38 exercise powers similar to those conferred on an officer in charge of a police-station by the provisions of the Code of Criminal Procedure :
Provided that any such powers shall be subject to such restrictions and modifications (if any) as the President of the Union may by rule prescribe.
(2) For the purposes of section 156 of the said Code the area to which an Excise-officer is appointed shall be deemed to be a local area within the limits of a police-station, and such officer shall be deemed to be the officer in charge of the station.
(3) Any such officer, if specially empowered in that behalf, may, without reference to a Magistrate and for reasons to be recorded by him in writing, stop further proceedings against any person concerned or supposed to be concerned in any offence against this Act which he has investigated or which may have been reported to him.

58. If, on • an investigation by an Excise-officer empowered under section, sub-section (1), it appears that there is sufficient evidence to justify the . prosecution of the accused, the investigating officer, unless he submits the case for the orders of the Collector under section 49 or proceeds under section 57, sub-section (3), shall submit a report (which shall for the purposes of section 190 of the Code of Criminal Procedure be deemed to be a police-report) to a Magistrate having jurisdiction to enquire into or try the case and empowered to take cognizance of offences on police-reports.

59. When any Excise-officer below the rank of Collector makes any arrest, seizure or search under this Act, he shall, within twenty-four hours thereafter, make a full report of all the particulars of the arrest, seizure or search to his immediate official superior.

60. Save as in this Act otherwise expressly provided, the provisions of the Code of Criminal Procedure relating to arrests, detentions in custody, searches, summonses, warrants of arrests, search-warrants, the production of persons arrested and the disposal of things seized, shall be applicable as far as may be to all action taken in these respects under this Act:
Provided that the provisions of section 103 of the said Code shall not apply to searches of vessels made under this Act.

61. (1) When a person is arrested under this Act otherwise than on a warrant by a person or officer who is not empowered to grant bail, he shall be produced before or forwarded to_
(a) the nearest Excise-officer empowered to grant bail, or
(b) the nearest officer in charge of a police-station, which-ever is nearer,
(2) Whenever any person arrested under this Act otherwise than on a warrant is prepared to give bail, and is arrested by, or produced in accordance with sub-section (1) before, an officer empowered to grant bail, he shall be released upon bail or, at the discretion of the officer releasing him, on his own bond.
(3) When any such person is not prepared to give bail to the satisfaction of the officer concerned, he shall be sent with all convenient despatch to a Magistrate for trial.
(4) The provisions of sections 499 to 502, 513, 514 and 515 of the Code of Criminal Procedure shall apply, so far as may be, in every case in which bail is accepted or a bond taken under this section.

1 61A. Every person who has been arrested under this Act for an offence punishable with imprisonment for a term which may extend to not less than six months and every person who has been ordered to give security for his good behaviour shall, if so required by an Excise-officer, allow his photograph or finger and thumb impressions to be taken at any time after the arrest.

1 61B. (1) If any person who under section 61A is required to allow his photograph or finger and thumb impressions to be taken resists or refuses to allow the taking of the same, an Excise-officer may use all lawful means necessary to secure the taking thereof.
(2) Resistance to or refusal to allow the taking of photographs or finger and thumb impressions under sub-section (1) shall be deemed to be an offence under section 186 of the Penal Code.

62. No Magistrate of the third class who is not specially empowered by the District Magistrate in this behalf shall take cognizance of or try any offence under this Act.

63. (1) No Magistrate shall take cognizance of an offence puni-shable-
(a) under section 39, section 40 or section 41, except on the complaint or report of the Collector or of an Excise-officer authorized by him in this behalf ; or
(b) under any other section of this Act, except on his own knowledge or suspicion or on the complaint or report of an Excise or Police officer.
(2) Except with the special sanction of the President of the Union, no Magistrate shall take cognizance of any offence punishable under this Act unless the prosecution is instituted within six months after the date on which the offence is alleged to have been committed.

164. (1) Whenever any person is convicted of an offence punishable under section 30, section 31 section 33, section 34, section 37, section 38 or section 43 (2), and the Court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of offences punishable under those sections, the Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means with or without sureties, for abstaining from the commission of such offence during such period, not exceeding three years, as it thinks fit to fix.
(2). The bond shall be in the form prescribed in the Schedule, and the provisions of the Code of Criminal Procedure shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of that Code.
(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
(4) An order under this section may also be made by an appellate Court, or by the High Court when exercising its powers of revision.

64A. Whenever a District Magistrate, a Subdivisional Magistrate or, when he is especially empowered in this behalf by the President of the Union, a Magistrate of the first class, receives information that any person within the local limits of his jurisdiction earns his livelihood wholly or in part
(a) by the unlawful manufacture, transport, importation, export-ation, sale or purchase of any excisable article in contraven-tion of the provisions of this Act or of any rules made there-under ; or
(b) by abetting such unlawful manufacture, transport, importa-tion, exportation, sale or purchase ;
he may deal with such person as nearly as may be as if the information received about him were of the description mentioned in section 110 of the Code of Criminal Procedure ; and for the purposes of any proceeding under this section the fact that a person earns his livelihood as aforesaid may be proved by evidence of general repute or otherwise.

CHAPTER IX
MISCELLANEOUS.

65. (1) The President of the Union may make rules for the purpose of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, the President of the Union may make rules--
(a) regulating the import, export, transport or possession of any excisable article;
(b) regulating the manufacture, supply, storage or sale of any excisable article, including the character, erection, alter-ation, repair, inspection, supervision, management and control of any place for the manufacture, supply, storage, or sale of such article, and the fittings, implements and apparatus to be maintained therein ; regulating the bottl-ing of alcoholic liquor for sale ;
(d) regulating the deposit, of any excisable article in a ware-house, and the removal of any excisable article from any such warehouse or from any distillery or brewery ;
(e) regulating the periods and localities for which, and the persons or classes of persons to whom, licences under this Act may be granted, and regulating the number of such licences which may be granted in any local area ;
(f) determining the limits of wholesale and retail sale respect-ively ;
(g) prescribing the procedure to be followed and the matters to be ascertained before any licence for such sale is granted for any locality ;
(h) prescribing the amount of security, if any, to be deposi-ted by holders of licences, permits or passes for the per-formance of the conditions of the same ;
(i) prescribing the scale of fees or the manner of fixing or determining the fees payable in respect of any privilege, licence, permit, or pass, or in respect of the storing of any excisable article ;
(j) regulating the time, place and manner of payment of any duty or fee ;
(k) prescribing the authority by, the restrictions under and the conditions on which any licence, permit or pass may be granted, cancelled, suspended or surrendered, and the form thereof, including--
(i) the prohibition of the admixture with any excisable article of any substance deemed to be noxious or objectionable ;
(ii) the regulation or prohibition of the reduction of alcoholic liquor by a licensed manufacturer or licensed vendor from a higher to a lower strength ;
(iii) the fixing of the strength, price or quantity in excess of or below which any excisable article should not be sold or supplied and the prescription of a standard of quality for any excisable article ;
(iv) the prohibition of the employment by a licence-holder of any person or class of persons to assist him in his business in any capacity whatsoever ;
(v) the prohibition of the sale of any excisable articles to any person or class of persons ;
(vi) the prohibition of sale except for cash ;
(vii) the prevention of drunkenness, gambling or disorderly conduct in or near any licensed premises, and of the meeting or remain­ing of persons of bad character on such premises ;
(viii) the prescription of the days and hours during which any licensed premises may or may not be kept open, and provision for the closing of such premises on special occasions ;
(ix) the prescription of the nature of the premises in which any excisable article may be sold, and the notices to be exposed at such premises ;
(x) the prescription of the accounts to be maintained and the returns to be submitted by licence-holders ; and
(xi) the prohibition or regulation of the transfer of licences ;
(1) with regard to the denaturing of spirit-‑
(i) for declaring the substances with which and the processes by which spirit shall be denatured ;
(ii) for causing spirit to be denatured through the agency or under the supervision of such officers as may be prescribed ;
(iii) for ascertaining whether spirit has been denatured ;
(m) providing for the destruction or other disposal of any excisable article deemed to be unfit for use ;
(n) regulating the disposal of confiscated articles ;
(o) regulating the grant of expenses to witnesses.

66. All rules made and notifications issued under this Act shall be published in the Gazette and shall thereupon have effect as if enacted in this Act.
(1) All monies due to Government under this Act may be recovered from the person primarily liable to pay the same or from his surety (if any) as if they were arrears of land-revenue.
(2) When action has been taken under section 28 the Collector may recover, in any manner authorized by sub-section (1) of this section, any money due to the holder of the cancelled licence, permit or pass by any lessee or assignee.
(3) All such monies, together with any losses incurred by Government through the default of any licence-holder under this Act, shall be a first charge upon any distillery, brewery, warehouse, shop buildings, fittings, apparatus, or stocks of excisable articles or materials for manufacture of the same held in or upon any distillery, brewery, warehouse or shop premises, which, except with the written consent of the Collector, shall not be liable to be taken in execution of a decree or order of any Court until such monies or losses have been paid.

167A. Where any person, in compliance with any rule made under this Act, gives a bond for the performance of any duty or act, such duty or act shall be deemed to be a public duty, or an act in which the public are interested, as the case may be, within the meaning of the Contract Act, section 74 ; and, upon breach of the condition of such bond by him, the whole sum named therein as the amount to be paid in case of such breach may be recovered from him as if it were an arrear of land-revenue.

68. No action shall lie in any civil Court against * * * 2 the Government or against any Excise-officer for damages for any act in good faith done or ordered to be done in pursuance of this Act, or any law for the time being in force relating to excise-revenue.

69. All prosecutions of any Excise-officer, and all actions which may be lawfully brought against * * * 2 the Government or against any Excise-officer, in respect of anything done in pursuance of this Act, shall be instituted within six months from the date of the act complained of and not afterwards.

SCHEDULE. 1
Bond to abstain front the Commission of Offences
under the Burma Excise Act.

(See section 64.)

WHEREAS I (name), inhabitant of (place have been called upon to enter into a bond to abstain from the commission of an offence under section 30, section 31, section 33, section 34, section 37,) section 38 or section 43 (2) of the Burma Excise Act, for the term of , I hereby bind myself not to commit any such offence during the said term and, in case of my making default therein, I hereby bind myself to forfeit to the President of the Union of Burma, the sum of Kyats

Dated this day of 19

Signature.

(Where a bond with sureties is to be executed, add )

We do hereby declare ourselves sureties for the above named that he will abstain from the commission of an offence under section 30, section 31, section 33, section 34, section 37, section 38, or section 43 (2) of the Burma Excise Act, during the said term ; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to the President of the Union of Burma, the sum of Kyats .

Dated this day of 19

Signature.

1 Inserted by Act XL, 1934.

The Burma Code Volume 3: The Burma Stamp Act

Attachment Size
THE BURMA STAMP ACT.pdf 119.93 KB

The Burma Code Volume 3: The District Cesses Act

Attachment Size
THE DISTRICT CESSES ACT.pdf 23.84 KB

The Burma Code Volume 3: The Foreign Exchange Regulation Act

Attachment Size
THE FOREIGN EXCHANGE REGULATION ACT.pdf 104.05 KB

The Burma Code Volume 3: The Government Securities Act

Attachment Size
THE GOVERNMENT SECURITIES ACT.pdf 60.79 KB

The Burma Code Volume 3: The Land Customs Act

Attachment Size
THE LAND CUSTOMS ACT.pdf 42.99 KB

The Burma Code Volume 3: The Land and Revenue Act

Attachment Size
THE LAND AND REVENUE ACT.pdf 103.31 KB

Laws of Burma

Amyotha Hluttaw Election Law

Attachment Size
Law 2010-04e.pdf 175.53 KB

Political Parties Registration Law

Attachment Size
Law 2010-02e.pdf 119.09 KB

Pyithu Hluttaw Election Law

Attachment Size
Law 2010-03e.pdf 175.52 KB

Region Hluttaw or State Hluttaw Election Law

Attachment Size
Law 2010-05e.pdf 180.56 KB

The Child Law

Attachment Size
Law 09-93 The Child Law e.pdf 285.62 KB

The Parliamentary Act 1955-1961

NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
City of Yangon Municipal (Amendment) Act, 1955
9
1955
 
2
The Prisons (Amendment) Act, 1955
14
1955
 
3
The Workmen's Compensation (Amendment) Act, 1955
17
1955
 
4 The
States (Extension of Laws) (Amendment) Act, 1955
18
1955
 
5 The
Myanmar Companies (Amendment) Act, 1955
23
1955
 
6
The Village (Amendment) Act, 1955
25
1955
 
7 The
Wa States and Ko Kang State, Criminal Law Extension Act,
1955
31
1955
 
8
The Arms (Temporary Amendment) (Amending) Act, 1955
32
1955
 
9 The
City of Yangon Municipal (Amendment) Act, 1955
41
1955
 
10
The Myanmar Excise (Amendment) Act, 1955
43
1955
 
11
The Police (Amendment) Act, 1955
45
1955
 
12
The Yangon Police (Amendment) Act, 1955
46
1955
 
13
The Trade Disputes (Amendment) Act, 1955
49
1955
 
14
The Myanmar Immigration (Emergency Provisions) (Amendment)
Act, 1955
58
1955
 
NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
Land Customs (Amendment) Act, 1956
13
1956
 
2
The Sea Customs (Amendment) Act, 1956
14
1956
 
3
The Forest (Amendment) Act, 1956
16
1956
 
4 The
Registration of Foreigners (Amendment) Act, 1956
25
1956
 
5 The
Myanmar Immigration (Emergency Provisions) (Amendment)
Act, 1956
26
1956
 
6
The Myanmar Post Office (Amendment) Act, 1956
28
1956
 
7 The
Foreign Exchange Regulation (Amendment) Act, 1956
33
1956
 
8
The Myanmar Extradition (Amendment) Act, 1956
34
1956
 
9 The
Inland Steam Vessels (Amendment) Act, 1956
40
1956
 
10
The Code of Civil Procedure (Amendment) Act, 1956
46
1956
 
NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
Administrator-General's (Amendment) Act, 1957
3
1957
 
2
The Chin Special Division (Extension of Laws) (Amendment)
Act, 1957
9
1957
 
3
The Essential Supplies and Services (Amendment) Act, 1957
10
1957
 
4 The
Workmen's Compensation (Amendment) Act, 1957
22
1957
 
5 The
Myanmar Stamp (Amendment) Act, 1957
28
1957
 
6
The Myanmar Court Fees (Amendment) Act, 1957
29
1957
 
7 The
City of Yangon Municipal (Amendment) Act, 1957
33
1957
 
8
The Control of Imports and Export Ports (Temporary) (Amendment)
Act, 1957
35
1957
 
9 The
Criminal Law (Amendment) Act, 1957
38
1957
 
10
The Myanmar Immigration (Emergency Provisions) Amendment)
Act, 1957
39
1957
 
11 The
Registration of Foreigners (Amendment) Act, 1957
40
1957
 
12 The
Criminal Law (Second Amendment) Act, 1957
56
1957
 
NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
Dock Workers (Regulation of Employment) (Amendment) Act,
1958
3
1958
 
2
The Union Citizenship (Amendment) Act, 1958
10
1958
 
3
The Myanmar Excise (Amendment) Act, 1958
12
1958
 
4 The
Yangon Port (Amendment) Act, 1958
14
1958
 
5 The
Myanmar Immigration (Emergency Provisions) (Amendment)
Act, 1958
16
1958
 
6
The City of Yangon Municipal (Amendment) Act, 1958
17
1958
 
7 The
Registration of Foreigners (Amendment) Act, 1958
18
1958
 
8
The Foreign Exchange Regulation (Amendment) Act, 1958
22
1958
 
9 The
Court Fees (Amendment) Act, 1958
24
1957
 
10
The Trade Disputes (Amendment) Act, 1958
36
1958
 
11 The
Myanmar Telegraph (Amendment) Act, 1958
37
1958
 
NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
State (Extension of Laws) (Amendment) Act, 1959
2
1959
 
2
The Foreign Exchange Regulation (Amendment) Act, 1959
8
1959
 
3
The Constitution (Second Amendment) Act, 1959
10
1959
 
4 The
Yangon Port (Amendment) Act, 1959
11
1959
 
5 The
Code of Criminal Procedure (Temporary Provision) (Repeal)
Act, 1959
13
1959
 
6
The Yangon Police (Amendment) Act, 1959
17
1959
 
7 The
Sea Customs (Amendment) Act, 1959
19
1959
 
8
The Land Customs (Amendment) Act, 1959
20
1959
 
9 The
Myanmar Laws (Shan State) (Amendment) Act, 1959
31
1959
 
10
The Trade Union (Amendment) Act, 1959
38
1959
 
11 The
City of Yangon Municipal (Amendment) Act, 1959
44
1959
 
12 The
Shan State Criminal Law and Precedure Extension Act, 1959
45
1959
 
13 The
Myanmar Companies (Amendment) Act, 1959
48
1959
 
NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
Foreign Exchange Regulation (Amendment) Act, 1960
4
1960
 
2
The State (Extension of Laws) (Amendment) Act, 1960
21
1960
 
3
The Myanmar Post Office (Amendment) Act, 1960
22
1960
 
4 The
Penal Code (Amendment) Act, 1960
27
1960
 
5 The
Myanmar Telegraph (Amendment) Act, 1960
29
1960
 
6
The City of Yangon Municipal (Amendment) Act, 1960
31
1960
 
7 The
Penal Code (Amendment) Act, 1960
32
1960
 
8
The Control of Imports and Exports (Temporary) (Amendment)
Act, 1960
35
1960
 
NO.
PARTICULAR ACT
LAW NO.
YEAR
1 The
City of Yangon Municipal (Amendment) Act, 1961
1
1961
 
2
The Penal Code (Amendment) Act, 1961
5
1961
 
3
The Foreign Exchange Regulation (Amend) Act, 1961
26
1961
 
4 The
Registration (Amendment) Act, 1961
30
1961
 
5 The
Village (Amendment) Act, 1961
34
1961
 

THE CITY OF YANGON MUNICIPAL (AMEMDMENT) ACT, 1961

[Act No. I of 1961]
(The 17th March 1961)

It is hereby enacted as follows:-

1. This Act may be called the City of Yangon Municipal (Amemdment) Act, 1961.

2. In section 228 of the City of Yangon Municipal Act-

(a) for sub-section (1), the following shall be substituted as sub-section (1); namely:-

"(1) If at any time, upon representation made or otherwise, it appears to the President of the Union that the Corporation is not competent to perform, or persistently makes default in the performance of, any duty or duties imposed on it by or under this or any other Act for the time being in force, or exceeds or abuses its powers, the President of the Union may, by an order, direct that all the members of the Corporation for the time being shall retire from office as and from such date as the President of the Union may appoint, and the President of the Union may, by that order or by a separate order, direct that general elections shall take place on such convenient date as may be fixed by the President of the Union. Such order shall be published in the Gazette together with the reasons for making the same.";

(b) in sub-section (2), for the word "January" the word "March" shall be substituted;

(c) at the end of sub-section (3), the following shall be inserted; namely:-

"The President of the Union may also appoint an Advisory Committee to advise such person or persons."

The Revolutionary Council Law (1962-1974)

The Revolutionary Council enacted (182) laws during the period of 1962 to 1974. Out of them, (70) laws are repealed by 31-12-97. There are (76) original laws and (36) amendment laws in the rest (112) laws.

NO. PARTICULAR ACT LAW NO. YEAR
1 The Myanmar Medical Degrees Act Amending Law, 1962 9 1962
2 The Yangon Port Act Amending Law, 1962 18 1962
3 The Ports Act Amending Law, 1962 19 1962
4 The Outports Act Amending Law, 1962 20 1962
5 The Press (Emergency Powers) Act Amending Law, 1962 27 1962
NO. PARTICULAR ACT LAW NO. YEAR
1 The Obstructions in Fairways Act Amending Law, 1963 2 1963
2 The Criminal Law Amending Law, 1963 7 1963
3 The Myanmar Post Office Act Amending Law, 1963 10 1963
4 The Trade Disputes Act Amending Law, 1963 20 1963
NO. PARTICULAR ACT LAW NO. YEAR
1 The Essential Supplies and Services Act Amending Law, 1965 3 1965
NO. PARTICULAR ACT LAW NO. YEAR
1 The Yangon Police Act 5 1970
NO. PARTICULAR ACT LAW NO. YEAR
1 The Code of Criminal Procedure Amending Law, 1973 2 1973

Union Election Commission Law, 2010

Attachment Size
Law 2010-01e.pdf 68.94 KB

Suppressive Laws

Emergency Provisions Act, Section 5

[Burma Act 17, 1950] (9th March 1950)

(Unofficial Translation)

5. Whoever does anything with any of the following intent; that is to say –

(a) to depreciate, pervert, hinder, restrain, or vandalise the loyalty, enthusiasm, acquiescence, health, training, or performance of duties of the army organisations of the Union or of civil servants in a way that would induce their respect of the government to be diminished, or to disobey rules, or to be disloyal to the government; or

(b) to cause, seduce, or urge any member of the army organisations of the Union or any civil servant in a way that would induce him to fulfil his duties improperly, or to fail to perform his duties; or

(c) to hinder the recruitment of members to the army organisations of the Union, or civil service organisations, or fire brigades, or any other organisations registered or performing as governmental service, or to hamper the performance of duties of such members: or

(d) to alarm the people or a group of people in a way that would created panic amongst them; or

(e) to spread false news, knowing, or having reason to believe that it is not true; or

(f) to hamper, obstruct or harass any transportation, tasks, manufacture or transportation of military weapons and munitions, or supply or distribution of essential items, necessary of effective implementation of the restoration of law and order of the State; or

(g) to partly or wholly destroy military weapons and munitions in order that they could not be viable or be dangerous, or to endanger or imperil a person involved in transportation or manufacture of transportation of such military weapons and munitions; or

(h) to make the public lose trust in the State's economy, government loans, government securities, coins and legal tenders distributed wholly or partly in the country or to hamper operational or economic success carried out by the government in order to implement the restoration of law and order successfully; or

(i) to incite either the public or any other kind of ethnic race or any other person to deny or delay his payment in curried for land revenue, revenue, tax, or any other kind of payment to be paid to the Union, or the federal government, or a board of regional authorities in accordance with the law or with the customs that have the effect of law; or

(j) to affect the morality or conduct of the public or a group of people in a way that would undermine the security of the Union or the restoration of law and order; or

(k) to incite civil servants, or a group of civil servants, or any other civil servant to be involved in armed opposition punishable by criminal laws; or

(l) to directly or indirectly take part in committing the offences prescribed in the Arms Act or the Explosive Ammunitions Act, or the Explosive Substances Act; or

(m) to directly or indirectly encourage, incite, prepare or show agreement to arrangements or activities for the purpose of defiance or non-abidance of laws, or to avoid abiding by the law, or to hinder compliance of the judicial process or to the restoration or law and order, or to refuse to make payments prescribed in sub-section (h) or to delay such payments, or to rally people or to prepare to do so or to raise funds to do so in order to develop such activities or programmes, or to directly or indirectly encourage, incite, prepare or show concurrence with the raising funds for that purpose shall be punished with an imprisonment for a term which shall extend to 7 years or with fine or with both.

State Protection Law

Pyithu Hluttaw Law No. 3, 1975

PREAMBLE

The People's Assembly enacts the following Law in order to prevent the infringement of the sovereignty and security of the Union of Burma against any threat to the peace of the people, and against the threat of those desiring to cause subversive acts causing the destruction of the country, without impeding citizens' fundamental rights.

CHAPTER 1
Article 1

This Law shall be called the Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts.

Article 2

"Commit", in the context of this Law, is to perform or about to perform, or to abet, or to assist in, any act that either directly or indirectly, in any manner, threatens any provision under Article 7 of this Law;

"Central Board", in the context of this Law, is the Board organized under Article 8 of this Law;

"Person Against Whom Action Is Taken", in the context of this Law, is any person whose fundamental rights are being restricted by any provision under this Law, or any person who is under arrest and detained following such restriction.

CHAPTER 2
Article 3

In order to be able to protect in advance against threats to the sovereignty and security of the State and the peace of the people, the State Council

(a) may declare a State of Emergency for any territory in the country;

(b) may, if necessary, restrict any citizen's fundamental rights in any territory in the Union of Burma.

Article 4

The declaration of the State of Emergency under Article 3 shall not exceed sixty days. The State Council shall submit and seek approval at the next session of the People's Assembly for any prolongation. If there is no such session within the next sixty days, an emergency People's Assembly session shall be held and approval secured. If the Assembly's approval cannot be secured, the State of Emergency ceases to be in force from the day it is not approved. Any measures officially implemented prior to the expiration of the State of Emergency shall be lawful.

Article 5

Immediately following the withdrawal of the declaration of the State of Emergency, restrictions mentioned under Article 3(b) shall cease to be in force.

Article 6

If the declaration of the State of Emergency mentioned under Article 3(b) is withdrawn within sixty days, the State Council shall submit and secure approval of its activities at the next session of the People's Assembly. If the Assembly's approval cannot be secured, the declaration of the State of Emergency shall cease to be in force from the day it is not approved. Any measures officially implemented prior to the annulment of the declaration shall be lawful.

CHAPTER 3
Article 7

The Cabinet is authorized to pass an order, as may be necessary, restricting any fundamental right of any person suspected of having committed or believed to be about to commit, any act which endangers the sovereignty and security of the state or public peace and tranquility.

Article 8

For the implementation of the authorization mentioned under Article 7, the Cabinet may form a Central Board on its behalf, chaired by the Minister of Home and Religious Affairs. The Minister of Defense and the Minister of Foreign Affairs shall be members of the Central Board.

Article 9

In restricting fundamental rights of citizens, the following principles shall be strictly adhered to:
(a) The restriction order shall be laid down by the Central Board only;

(b) Only necessary restriction of fundamental rights shall be decided;

(c) The duration of such restriction shall be kept to a minimum;

(d) In addition to regular review of the restriction order, earlier review of the order may be done as necessary;

(e) If sufficient facts for filing a lawsuit have been gathered, the person against whom action is taken shall be handed over to the judicial authorities immediately;

(f) The person against whom action is taken shall enjoy the fundamental rights as provided in the Constitution, in so far as these rights have not been restricted;

(g) When any threat as described in Article 7 has ceased to exist, the restriction order shall be annulled immediately;

(h) Any person detained under this Law shall, after being released, not again be arrested and imprisoned on the same charges.

CHAPTER 4
Article 10

The Central Board, in the protection of the State against dangers, has the right to implement the following measures through restrictive order:
(a) A person against whom action is taken can be detained for a period of up to ninety days. This can be extended to a period not exceeding one hundred and eighty days;

(b) If necessary, the movements of a person against whom action is taken can be restricted for a period of up to one year.

Article 11

The Central Board can implement the restrictions as described under Article 10(b) as follows:

(a) Designation of the territory to which the movements of the person against whom action is taken can be restricted;

(b) Designation of the place where the person against whom action is taken shall reside;

(c) Denial, as may be necessary, of travel;

(d) Denial of possession or use of specific materials.

Article 12

The Central Board shall obtain the approval of the Cabinet prior to the detention of a person against whom action is taken, in case such detention is considered necessary for a period longer than stipulated under Article 10(a).

Article 13

The Central Board shall obtain the prior approval of the Cabinet in case it is considered necessary to extend the restrictions mentioned under Article 10(b).

Article 14

The Cabinet may grant prior approval to continue the detention or restriction of rights of a person against whom action is taken for a period from one hundred and eighty days up to three years.

Article 15

The Central Board may, in case measures are necessary to arrest or detain a person or to restrict a person's rights, direct any Public Service to carry out such measures accordingly.

CHAPTER 5
Article 16

The Cabinet or the Central Board can review and implement, as may be necessary, any order for restriction, arrest, detention, or denial of rights:

(a) There will be at least one regular review every sixty days;

(b) Restriction orders may be altered or annulled if necessary;

(c) Arrest and detention orders may be altered or annulled if necessary;

(d) Denial orders may be altered or annulled if necessary.

CHAPTER 6
Article 17

The Central Board shall compile a regular report about its activities every ninety days.

Article 18

If necessary, the Cabinet can use the report mentioned in Article 17 to alter or annul any orders passed by the Central Board regarding restriction, arrest, detention, or denial of any rights of citizens.

CHAPTER 7
Article 19

Any person against whom action is taken has the right of appeal while action is being taken.

Article 20

Appeal can be made to the Cabinet regarding orders regulating restriction, arrest, detention or denial of rights laid down by the Central Board under this Law. The Cabinet can annul, alter or approve the order as may be necessary.

Article 21

If the Central Board considers it necessary to extend any orders passed under this Law with prior permission from the Cabinet, an appeal can be sent to the Council of People's Justices. The Council may alter, annul or approve the order as may be necessary.

CHAPTER 8
Article 22

Any person against whom action is taken, who opposes, resists or disobeys any order passed under this Law shall be liable to imprisonment for a period of up to three years, or a fine of up to five thousand kyats, or to both.

Article 23

Any provision under Article 7 shall be implemented only according to this Law.

Article 24

For the purpose of effective and successful implementation of the provisions contained in this Law, the Cabinet may issue notifications, orders, directives and procedures as may be necessary.

AMENDMENTS

State Law and Order Restoration Council (SLORC) Notification No. 11/91, dated 9 August 1991, amended the State Protection Law. The salient amendments were that the right of appeal under Article 21 was repealed, and that the maximum prison sentence under Articles 14 and 22 went up from three to five years. The amendments were made applicable retrospectively.

NOTE
The Burmese-language version of the Law does not give the exact date it was passed, it just says '1975'. However, according to the translation by O.M. Tun (published in Oslo, Norway on 18 May 1994), the State Protection Law was enacted on 5 February 1975 as the "Law to Protect the State from the Dangers of Those Saboteurs Seeking to Damage It".

The Unlawful Associations Act

[India Act XIV, 1908.] (11th December 1908)]

1-14. * * *

PART II.

UNLAWFUL ASSOCIATIONS.

15. In this Part -

(1) "association" means any combination or body of persons, whether the same be known by any distinctive name or not; and

(2) "unlawful association' means an association -

(a) which encourages or aids persons to commit acts of violence or intimidation or of which the members habitually commit such acts, or

(b) which has been declared to be unlawful by the President of the Union-under the powers hereby conferred.

16. If the President of the Union is of opinion that any association interferes of has for its object interference with the administration of the low of with the maintenance of law and order, or that it constitutes an danger to the public peace, the President of the Union may, by notification in the Gazette, declare such association to be unlawful.

17. (1) Whoever is a member of an unlawful association, or takes part in meetings of any such association, or contributes or receives or solicits any contribution for the purpose of any such association or in any way assists the operations of any such association, shall be punished with imprisonment for a term [which shall not be less than two years and more than three years and shall also be liable to fine] (1).

(2) Whoever manages or assists in the management of an unlawful association, or promotes or assists in promoting a meeting of any such association, or of any members thereof as such members, shall be punished with imprisonment for a term [which shall not be less than three years and more than five years and shall also be liable to fine] (1)

(3) * * * (2)
17A. (1) The president of the Union may, by notification in the Gazette, mortify and place which in his opinion is used for the purposes of an unlawful association.

Explanation - For the purposes of this section "place" includes an house or building, or part thereof, or a tent or vessel.

(2) The District Magistrate, or any officer authorized in this behalf in writing by the District Magistrate, may thereupon take possession of the notified place and evict therefrom any person found therein, and shall forthwith make a report of the taking possession to the President of the Union:

Provided that where such place contains any apartment occupied by women or children, reasonable time and facilities shall be afforded for their withdrawal with the least possible inconvenience.

(3) A notified place whereof possession is taken under sub-section (2) shall be deemed to remain in the possession of Government so long as the notification under sub section (1) in respect thereof remains in force.

17B. (1) The District Magistrate, or officer taking possession of a notified place, shall also take possession of all movable property found therein and shall make a list thereof in the presence of two respectable witnesses.

(2) If, in the opinion if the District magistrate, any articles specified in the list are or may be used for the purposes of the unlawful association, he may proceed subject to the provisions hereafter contained in this section to order such articles to be forfeited to the State.

(3) All other articles specified in the list shall be delivered to the person whom he considers to be entitled to possession thereof, or, if no such person is found, shall be disposed of in such manner as the District Magistrate may direct.

(4) The District magistrate shall publish, as nearly as may be in the manner provided in section 87 of the code of Criminal procedure for the publication of a proclamation, a notice specifying the articles which it is proposed to forfeit and calling upon any person claiming that any article is not liable to forfeiture to submit in writing within fifteen days any representation he desires to make against the forfeiture of the article.

(5) Where any such representation is accepted by the District Magistrate, he shall deal with the article concerned in accordance with the provisions of sub-section (3).

(6) Where any such representation is rejected, the representation, with the decision thereon, shall be forwarded to the District Judge, in the case of a decision by a District Magistrate, and no order of forfeiture shall be made until the district Judge has adjudicated upon the representation. Where the decision is no confirmed the articles shall be dealt with in accordance with the provisions of sub-section (3).

(7) In making adjudication under sub-section (6) the procedure to be followed shall be the procedure laid down in the code of civil Procedure for the investigation of claims, so far as it can be made to apply, and the decision of the District Judge shall be final.

(8) If the article seized is livestock or is of a perishable nature, the District Magistrate may, if he thinks it expedient, order the immediate sale thereof, and the proceeds of the sale shall be disposed of in the manner herein provided for the disposal of other articles.

17C. Any person who enters or remains upon a notified place with out the permission of the district magistrate, or of an officer authorized by him in this behalf, shall be deemed to commit criminal trespass.

17D. Before a notification under sub-section (1) of section 17A is cancelled, the President of the Union shall give such general or special directions as he may deem requisite regulation the relinquishment by government of possession of notified places.
17E. (1) Where the President of the Union is satisfied, after such inquiry as he may think fit, that any monies, securities or credits are beig used or are intended to be used for the purposes of an unlawful association, the President of the Union may, by order in writing, declare such monies, securities or credits to be forfeited to the State.

(2) a copy of an order under sub-section (1) may be served on the person copy such person shall pay or deliver the monies, securities or credits to the order of the President of the Union.:

Provided that, in the case of monies or securities, a copy of the order may be endorsed for execution to such officer as the President of the Union may select, and such officer shall have power to enter upon an search for such monies and securities in any premises where they may reasonably be suspected to be, and to seize the same.

(3) Before and order of forfeiture is made under sub-section (1) the President of the Union shall give written notice to the person (if any) in whose custody the monies, securities or credits are found of his intention to forfeit, and any person aggrieved thereby may within fifteen days from the issue of such notice file and application to the District Judge in a District to establish that the monies, securities or credits or any of them are not liable to forfeiture, and if any such application is made, no order of forfeiture shall be passed in respect of the monies, securities or credits concerned until such application has been disposed of and unless the District Judge has decided that the monies, securities or credits are liable to forfeiture.

(4) In disposing of an application under sub-section (3) the procedure to the investigation or claims, so far as it can be made to apply, and the decision of the District Judge shall be final.

(5) Where the President of the Union has reason to believe that any person has custody of any monies, securities or credits which are being used or are intended to be used for the purposes of an unlawful association, the President of the Union may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with the same, save in accordance with the written orders of the President of the Union. A copy of such order shall be served upon the person to whom it is directed.

(6) The President of the Union may endorse a copy of an order under sub-section (3) for investigation to any officer he may select, and such copy shall be warrant whereunder such officer may enter upon any premises of the person to whom the order is directed, examine the books of such person, search for monies and securities, and make inquiries from such person, or any officer, agent or servant of such person, touching the origin of and dealings in any monies, securities or credits which the investigating officer may suspect are being used or are intended to be used for the purposes of an unlawful association.

(7) A copy of an order under this section may be served in the manner provided in the Code of Criminal Procedure for the service of a summons, or, where the person to be served is a corporation, company, bank or association of persons, it may be served on any secretary, director or other officer or person concerned with the management thereof, or by leaving it or sending it by post addressed to the corporation, company, bank or association at its registered office, or, where there is no registered office, at the place where it carries on business.

(8) Where and order of forfeiture is made under sub-section (1) in respect of any monies, securities or credits in respect of which a prohibitory order has been made under sub-section (3), such order of forfeiture shall have effect from the date of the prohibitory order, and the person to whom the prohibitory order was directed shall pay or deliver the whole of the monies, securities, or credits forfeited to the order of the President of the Union.

(9) Where any person liable under this section to pay or deliver any monies, securities or credits to the order of the President of the Union refuses or fails to comply with any direction of the President of the Union in this behalf, the President of the Union may recover from such person, as arrears of land-revenue or as a fine, the amount of such monies or credits or the market value of such securities.

(10) In this section, "security" includes a document whereby any person acknowledges that he is under a legal liability to pay money, or whereunder any person obtains a legal right to the payment of money; and the market value of any security means the value as fixed y any officer or person deputed by the President of the President of the Union.

(11) Except sol far as is necessary for the Purposes of any proceeding Under this section, no information obtained in the course of any investigation made under sub-section (6) shall be divulged by any officer of Government without the consent of the President of the Union.

17F. Every report of the taking possession of property and every declaration of forfeiture made, or purporting to be made under this Act shall, as against all persons, be conclusive proof that the property specified therein has been taken possession of by Government or has been forfeited, as the case may be, and save as provided in sections 17B and 17E no proceeding purporting to be taken under section 17A, 17B, 17C, 17D, or 17E, shall be called in question by any Court, and no civil or criminal proceeding shall be instituted against any person for anything in good faith done or intended to be done under the said sections or against Government or person action on behalf of or by authority of Government for any loss or damage caused to or in respect of any property whereof possession has been taken by government under this Act.
18. An association shall not be deemed to have ceased to exist by reason only of any formal act of dissolution or change of title, but shall be deemed to continue so long as any actual combination for the purposes of such association continues between any members thereof.

(1) Substituted by Act LXI, 1954.

(2) Deleted ibid.

The Code of Criminal Procedure

TABLE OF CONTENTS
PART I
Preliminary

CHAPTER I

Sections

1. Extent
2-3. * * * *
4. Definitions
Words referring to acts
Words to have same meaning as in Penal Code.
5. Trial of offences under Penal Code
Trial of offences against other laws.
PART II
Constitution and Powers of Criminal Courts and Offices

CHAPTER II
OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES

A. - Classes of Criminal Courts.

6. Classes of Criminal Courts.
B. - Territorial Divisions

7. Sessions divisions and districts.
Power to alter divisions and districts.
Existing divisions and districts maintained till altered.
8. Power to divide districts into sub-divisions&
existing sub-divisions maintained.
C. - Courts and Offices.

9. Court of Session.
10. District Magistrate.
11. Officers temporarily succeeding to vacancies in office of District Magistrate.
12. Subordinate Magistrates.
Local limits of their jurisdiction.
13. Power to put Magistrate in charge of sub-division.
Delegation of powers to District Magistrate.
14. Special Magistrates.
15. Benches of Magistrates.
Powers exercisable by Bench in absence of special direction.
16. Power to frame rules for guidance of Benches.
17. Subordination of Magistrates and Benches to District Magistrate; toSub-divisional Magistrate.
Subordination of Assistant Sessions Judges to Sessions Judge.
18-21 * * * *
E.- Justices of the Peace.

22. * * * *
23-27. * * * *
CHAPTER III
Powers of Courts

A. - Description of Offences cognizable by each Court.

28. Offences under Penal Code.
29. Offences under other laws.
29A. * * * *
29B. * * * *
30. Offences not punishable with death.
B. - Sentences which may be passed by Courts of various Classes.

31. Sentences which High Court and Sessions Judges may pass.
32. Sentences which Magistrates may pass.
33. Power of Magistrates to sentence to imprisonment in default of fine
Proviso as to certain cases.
34. Higher powers of certain Distinct Magistrates
34A. * * * *
35 Sentence in cases of conviction of several offences at one trial :,
Maximum term of punishment.
C. - Ordinary and Additional Powers.
36. Ordinary powers of Magistrates.
37. Additional powers conferrable on Magistrates.
38. Control of District Magistrate’s investing power
D. - Conferment, Contnuance and Cancellation of Powers.
39. Mode of conferring powers.
40. Powers of officers appointed.
41. Powers may be cancelled.
PART III
General Provisions

CHAPTER IV
OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS

42. Public when to assist Magistrate and police.
43. Aid to person, other than police-officer, executing warrant.
44. Public to give information of certain offences.
45. Village-headmen, landholders and others bound to report certain matters.
Appointment of village-headmen by District Magistrate or Sub-divisional.
Magistrate in certain cases for purposes of this section.
CHAPTER V
OF ARREST, ESCAPE AND RETAKING

A. - Arrest generally.

46. Arrest how made.
Resisting endeavour to-arrest.
47. Search of place entered by person sought to be arrested.
48. Procedure where ingress not obtainable.
* * * *
49. Power to break open doors and windows for purposes of liberation.
50. No unnecessary restraint.
51. Search of arrested persons.
52. Mode of searching women.
53. Power to seize offensive weapons
B. - Arrest without Warrant
54. When police may arrest without warrant
55. Arrest of vagabonds. habitual robbers, etc.
56. Police-officer may depute subordinate to arrest without warrant.
57. Refusal to give name and residence.
58. Pursuit of offenders into other jurisdictions.
59. Arrest by private persons and procedure on such arrest.
60. Person arrested to be taken before officer in charge of police-station.
61. Person arrested not to be detained more than twenty-four hours.
62. Police to report apprehensions.
63. Discharge of person apprehended.
64. Offence committed in Magistrate’s presence.
65. Arrest by or in presence of Magistrate.
66. Power, on escape, to pursue and retake.
67. Provisions of sections 47. 48 and 49 to apply to arrests under section 66.
CHAPTER VI
OF PROCESSES TO COMPEL APPENARANCE

A. - Summons.
68. Form of summons
Summons by whom served.
69. Summons how served.
Signature of receipt for summons.
70. Service when person summoned cannot be found.
71. Procedure when service cannot be effected as before provided.
72. Service on servant of Government or of Railway Administration
73. Service of summons outside local limits.
74. Proof of service in such cases, and when serving officer not present.
B. - Warrant of Arrest.
75. Form of warrant of arrest.
Continuance of warrant of arrest.
76. Court may direct security to be taken.
Recognizance to be forwarded.
77. Warrants to whom directed.
Warrants to several persons.
78. Warrant may be directed to landholder, etc.
79. Warrant directed to police-officer.
80. Notification of substance of warrant.
81. Person arrested to be brought before Court without delay.
82. Where warrant may be executed.
83. Warrant forwarded for execution outside jurisdiction.
84. Warrant directed to police-officer for execution outside jurisdiction
85. Procedure on arrest of person against whom warrant issued.
86. Procedure by Magistrate before whom person arrested is brought.
C. - Proclamation and Attachment.
87. Proclamation for person absconding.
88. Attachment of property of person absconding.
89. Restoration of attached property.
D. - Other Rules regarding Processes.
90. Issue of warrant in lieu of. or in addition to. summons.
91. Power to take bond for appearance.
92. Arrest on breach of bond for appearance.
93. Provisions of this Chapter generally applicable to summons and
warrants of arrest.
CHAPTER VII
OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVEABLE PROPERTY, AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

A. - Summons to produce.

94. Summons to produce document or other thing.
95. Procedure as to letters and telegrams.
B. - Search-warrants.
96. When search-warrant may be issued.
97. Power to restrict warrant.
98. Search of house suspected to contain stolen property, forged documents. etc.
99. Disposal of things found in search beyond jurisdiction.
99A. Power to declare certain publications forfeited. and to issue search- warrants for the same.
99B. Application to High Court to set aside order of forfeiture.
99C. Hearing by Special Bench.
99D. Order of Special Bench setting aside forfeiture.
99E. Evidence to prove nature or tendency of newspapers
99F. Procedure in High Court.
99G. Jurisdiction barred.
C. - Discovery of Persons wrongfully confined.
100. Search for persons wrongfully confined.
D. - General Provisions relating to Searches
101. Direction, etc., of search-warrants.
102. Persons in charge of closed place to allow search.
103. Search to be made in presences of witnesses.
Occupant of place searched may attend:
E. - Miscellaneous
104. Power to impound documents, etc.. produced.
105. Magistrate may direct search in his presence.

PART IV
Prevention of Offences

CHAPTER VIII
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

A. - Security for keeping the Peace on Conviction
106. Security for keeping the peace on conviction.
B. - Security for keeping the Peace in other Cases and Security for Good Behaviour
107. Security for keeping the peace in other cases. .
Procedure of Magistrate not empowered to act tinder sub-section(I).
108. Security for good behaviour from persons disseminating seditious 36 matter.
109. Security for good behaviour from vagrants and suspected persons.
110. Security for good behaviour from habitual offenders.
111. * * * *
112. Order to be made.
113. Procedure in respect of person present in Court.
114. Summons or warrant in case of person not so present
115. Copy of order under section 112 to accompany summons or warrant.
116. Power to dispense with personal attendance.
117. Inquiry as to truth of information.
118. Order to give security
119. Discharge of person informed against.
C. - Proceedings in all Cases subsequent to Order to furnish Security
120. Commencement of period for which security is required.
121. Contents of bond.
122. Power to reject sureties.
123. Imprisonment in default of security.
Proceedings when to be laid before Court of Session.
Kind of imprisonment.
124. Power to release persons imprisoned for failing to give security.
125. Power of District Magistrate to cancel any bond for keeping the peace or good behaviour.
126. Discharge of sureties.
126A. Security for unexpired period of bond.
CHAPTER IX
UNLAWFUL ASSEMBLIES
127. Assembly to disperse on command of Magistrate or police-officer.
128. Use of civil force to disperse.
129. Use of military force.
130. Duty of officer commanding troops required by Magistrate to disperse assembly.
131. Power of commissioned military officers to disperse assembly.
132. Protection against prosecution for acts done under this Chapter.
CHAPTER X
PUBLIC NUISANCE
133. Conditional order for removal of nuisance.
134. Service or notification of order.
135. Person to whom order is addressed to obey or show cause.
136. Consequence of his failing to do so.
137. Procedure where he appears to show cause.
138. * * * *
139. * * * *
139A. Procedure where existence of public right is denied.
140. Procedure on order being made absolute 49 Consequences of disobedience to order.
141. * * * *
142. Injunction pending inquiry.
143. Magistrate may prohibit repetition or continuance of public nuisance
CHAPTER XI
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR APPREHENDED DANGER
144. Power to issue order absolute at once in urgent cases of nuisance or apprehended danger.
CHAPTER XII
DISPUTES AS TO IMMOVEABLE PROPERTY
145. Procedure where dispute concerning land. etc., is likely to cause breach of peace.
Inquiry as to possession.
Party in possession to retain possession until legally evicted.
146. Power to attach subject of dispute.
147. Disputes concerning rights of use of immoveable property. etc.,
148. Local inquiry.
Order as to costs.
CHAPTER XIII
PREVENTIVE ACTION OF THE POLICE
149. Police to prevent cognizable offences
150. Information of design to commit such offences
151. Arrest to prevent such offences
152. Prevention of injury to public property
153. Inspection of weights and measures.
PART V
INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIV

154. Information in cognizable cases.
155. Information in non-cognizable cases.
Investigation into non-cognizable cases.
156. Investigation into cognizable cases.
157. Procedure where cognizable offence suspected ─
where local investigation dispensed. with
where police-officer in charge sees no sufficient ground for investigation.
158. Reports under section 157 how submitted.
159. Power to hold investigation or preliminary inquiry.
160. Police-officer’s power to require attendance of witnesses.
161. Examination of witnesses by police.
162. Statements to police not to be signed; use of such statements in evidence.
163. No inducement to be offered.
164. Power to record statements and confessions.
165. Search by police-officer.
166. When officer in charge of police-station may require another to make search.
167. Procedure when investigation cannot be completed in twenty-four hours.
168. Report of investigation by subordinate police-officer.
169. Release of accused when evidence deficient.
170. Case to be sent to Magistrate when evidence is sufficient.
171. Complainants and witnesses not to be required to accompany police-officer.
Complainants and witnesses not to be subjected to restraint.
Recusant complainant or witness may be forwarded in custody.
172. Diary of proceedings in investigation.
173. Report of police-officer.
174. Police to inquire and report on suicide. etc.
175. Power to summon persons.
176. Inquiry by Magistrate into cause of death.
Power to disinter corpses.
PART VI
Proceeding in Prosecutions

CHAPTER XV
OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

A. - Place of Inquiry or Trial

177. Ordinary place of inquiry and trial.
178. Power to order cases to be tried in different sessions divisions.
179. Accused triable in district where act is done. or where consequence ensues
180. Place of trial where act is offence by reason of relation to other offence.
181. Being a thug or belonging to a gang of dacoits, escape from custody, etc
Criminal misappropriation and criminal breach of trust.
Theft
Kidnapping and abduction.
182. Place of inquiry or trial where scene of offence is uncertain, or not in one district only, or where offence is continuing, or consists of several acts.
183. Offence committed on a journey.
184. * * * *
185. High Court to decide, in case of doubt, district where inquiry or trail shall take place.
186. Power to issue summons or warrant for offence committed beyond local jurisdiction.
Magistrate’s procedure on arrest.
187. Procedure where warrant issued by subordinate Magistrate.
188. Liability of the citizens of the Union for offences committed out of the Union of Myanmar.
189. Power to direct copies of depositions and exhibits to be received evidence.
B. - Conditions requisite for Initiation of Proceedings
190. Cognizance of offences by Magistrates.
191. Transfer or commitment on application of accused.
192. Transfer of cases by Magistrates.
193. Cognizance of offences by Courts of Session.
194. Cognizance of offences by High Court.
Information by Attorney-General.
195. Prosecution for Contempt of lawful authority of public servants.
Prosecution for certain offences against public justice.
Prosecution for certain offences relating to documents given in evidence.
196. Prosecution for offences against the State and for offences relating to elections.
196A. Prosecution for certain classes of criminal conspiracy.
196B. Preliminary inquiry in certain cases.
197. Prosecution of Judges and public servants
Power of President as to prosecution.
198. Prosecution for breach of contract, defamation, and offences against marriage.
199. Prosecution for adultery or enticing a married woman.
199A. Objection by lawful guardian to complaint by person other than person aggrieved.
CHAPTER XVI
OF COMPLAINTS TO MAGISTRATES
200. Examination of complainant.
201. Procedure by Magistrate not competent to take cognizance of the case.
202. Postponement for issue of process.
203. Dismissal of complaint.
CHAPTER XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
204. Issue of process.
205. Magistrate may dispense with personal attendance of accused.
CHAPTER XVIII
OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT
206. Power to commit for trial.
207. Procedure in inquiries preparatory to commitment.
208. Taking of evidence produced.
Process for production of further evidence.
209. When accused person to be discharged.
210. When charge is to be framed.
Charge to be explained, and copy furnished, to accused.
211. List of witnesses for defence on trial
Further list.
212. Power of Magistrate to examine such witnesses.
213. Order of commitment.
214. * * * *
215. Quashing commitments under section 2 13.
216. Summons to witnesses for defence when accused is committed.
Refusal to summon unnecessary’ witness unless deposit made.
217. Bond of complainants and witnesses.
Detention in custody in case of refusal to attend or to execute bond.
218. Commitment when to be notified.
Charge. etc., to be forwarded to 1-Iulh Court or Court of Session.
* * * *
219. Power to summon supplementary witnesses
220. Custody of accused pending trial.
CHAPTER XIX
OF THE CHARGE

Form of Charges

221. Charge to state offence.
Specific name of offence sufficient description
How stated when offence has no specific name.
What implied in charge
Language of charge.
Previous conviction when to be set out.
222. Particulars as to time, place and person.
223. When manner of committing offence must be stated.
224. Words in charge taken in sense of law under which offence is punishable.
225. Effect of errors.
226. Procedure on commitment without charge or with imperfect charge.
227. Court may alter charge
228. When trial may proceed immediately after alteration
229. * * * *
230. Stay of proceedings if prosecution of offence in altered charge requires previous sanction
231. * * * *
232. Effect of material error.
Joinder of Charges
233. Separate charges for distinct offences
234. Three offences of same kind within year may be charged together.
235. Trial for more than one offence.
Offence falling within two definitions.
Acts constituting one offence, but constituting when combined a different offence.
236. Where it is doubtful what offence has been committed. .
237. When a person is charged with one offence, he can be convicted of another.
238. When offence proved included in offence charged.
239. What persons may be charged jointly.
240. Withdrawal of remaining charges on conviction on one of several charges.
CHAPTER XX
OF THE TRIAL OF SUMMONS-CASES BY MAGISTRATES
241. Procedure in summons-cases.
242. Substance of accusation to be stated.
243. Conviction on admission of truth of accusation.
244. Procedure when no such admission is made.
245. Acquittal.
Sentence.
246. Finding not limited by complaint or summons
247. Non-appearance of complainant.
248. Withdrawal of complainant.
249. Power to stop proceedings when no complainant.
Frivolous Accusation in Sommons and Warrant Cases
250. False, frivolous or vexatious accusations.
CHAPTER XXI
OF THE TRIAL OF WARRANT-CASES BY MAGISTRATES
251. Procedure in warrant-cases
252. Evidence for prosecution.
253. Discharge of accused.
254. Charge to be framed when offence appears proved.
255. Plea.
255A. Procedure in case of previous convictions.
256. Defence.
257. Process for compelling production of evidence at instance of accused.
258. Acquittal.
Conviction.
259. Absence of complainant.
CHAPTER XXII
OF SUMMARY TRIALS
260. Power to try summarily.
261. Power to invest Bench of Magistrates invested with less power.
262. Procedure for summons and warrant-cases applicable.
Limit of imprisonment.
263. Record in cases where there is no appeal.
264. Record in appeal able cases.
265. Language of record and judgment
Bench may be authorized to employ clerk.
CHAPTER XXIII
OF TRIALS BEFORE THE HIGH COURT AND COURTS OF SESSION

A. - Preliminary

266. * * * *
267. Trials before High Court to be by jury
268. * * * *
269. President may order trials before Court of Session to be by jury.
270. Trial before Court of Session to be conducted by Public Prosecutor.
B. - commencement of Proceedings
271. Commencement of trial.
Plea of guilty
272. Refusal to plead or claim to be tried.
Trial by same jury of several offenders in succession.
273. Entry on unsustainable charges.
Effect of entry.
C. - Choosing a Jury
274. Number of injury
275. * * * *
276. Jurors to he chosen by lot
Existing practice maintained.
persons not summoned when eligible.
trials before special jurors.
277. Names of jurors to be called.
Objection to jurors.
Objection without grounds stated.
278. Grounds of objection.
279. Decision of objection.
Supply of place of junior against whom objection allowed.
280. Foreman of jury.
281. Swearing of jurors.
282. Procedure when juror ceases to attend. etc.,
283. Discharge of jury in case of sickness of prisoner.
D. - Choosing Assessors
284. * * * *
284A. * * * *
285. * * * *
DD. - Joint Trials
285A. * * * *
E. - Trial to close of Cases for Prosecution and Defence.
286. Opening case for prosecution.
Examination of witnesses.
287. Examination of accused before Magistrate to be evidence.
288. Evidence given at preliminary inquiry admissible.
289. Procedure after examination of witnesses for prosecution.
290. Defence.
291. Right of accused as to examination and summoning of witnesses.
292. Prosecutors right of reply.
293. View by jury.
294. When juror may be examined.
295. Jury to attend at adjourned sitting. .
296. Locking up jury.
F. - Conclusion of Trial in Cases tried by Jury.
297. Charge to jury.
298. Duty of Judge.
299. Duty of jury. .
300. Retirement to consider.
301. Delivery of verdict.
302. Procedure where jury differ
303. Verdict to be given on each charge.
Judge may question jury.
Questions and answers to be recorded.
304. Amending verdict.
305. Verdict in High Court when to prevail.
Discharge of jury in other cases.
306. Verdict in Court of Session when to prevail
307. Procedure where Sessions Judge disagrees with verdict.
G. - Re-trial of Accused after Discharge of Jury.
308. Re-trial of accused after discharge of jury.
H. - Conclustion of Trial in cases tried without a Jury.
309. Judgment 115
I. - Procedure in case of Previous Conviction.
310. Procedure in case of previous conviction.
311. When evidence of previous conviction may be given.
J. - List of Jurrors for Hight Court and Summoning Jurors for that Court.
312. Number of special jurors..
313. Lists of common and special jurors
Discretion of officer preparing lists
314. Publication of lists, preliminary and revised.
315. Number of jurors to be summoned.
Supplementary summons
316. Summoning jurors outside the place of sitting of the High Court
317. Military jurors.
318. Failure of jurors to attend.
K. - List of Jurors for Court of Session and summoning Jurors for that Court.
319. Liability to serve as jurors.
320. Exemptions.
321. List of jurors.
322. Publication of list.
323. Objections to list.
324. Revision of list.
Annual revision of list.
325. Preparation of list of special jurors.
326. Clerk of the court to summon jurors.
327. Power to summon another set of jurors.
328. Form and contents of summons.
329. When Government or Railway servant may be excused.
330. Court may excuse attendance of juror.
Court may relieve special jurors from liability to serve again as jurors for twelve months.
331. List of jurors attending.
332. Penalty for non-attendance of juror.
L. - Special Provisions for the High Court.
333. Power of Attorney-General to stay prosecution.
334. Time of holding sittings.
335. Place of holding sittings.
Notice of sittings.
336. * * * *
CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS.
337. Tender of pardon to accomplice.
338. Power to direct tender of pardon.
339. Commitment of person to whom pardon has been tendered.
339A. Procedure in trial of person under section 339.
340. Right of person against whom proceedings are instituted to be defended and his competency to be a witness.
341. Procedure where accused does not understand proceedings
342. Power to examine the accused.
343. No influence to be used to induce disclosures.
344. Power to postpone or adjourn proceedings.
Remand.
Reasonable cause for remand.
345. Compounding offences.
346. Procedure of Magistrate in cases which he cannot dispose of
347. Procedure when after commencement of inquiry or trial Magistrate finds case should be committed.
348. Trial of persons previously convicted of offences against coinage, stamp law or property.
349. Procedure when Magistrate cannot pass sentence sufficiently severe.
350. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
350A. Changes in constitution of Benches.
351. Detention of offenders attending Court.
352. Courts to be open.
CHAPTER XXV
OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS
353. Evidence to be taken in presence of accused.
354. * * * *
355. Record in summons-cases, and in trials of certain offences by first and second class Magistrates.
356. Record in other cases.
* * * *
357. * * * *
358. Option to Magistrate in cases under section 355.
359. Mode of recording evidence under section 356.
360. Procedure in regard to such evidence when completed.
361. Interpretation of evidence to accused or his pleader.
362. * * * *
363. Remarks respecting demeanour of witness.
364. Examination of accused how recorded.
365. Record of evidence in Health Court.
CHAPTER XXVI
OF THE JUDGMENT
366. Mode of delivering judgment.
367. Language of judgment.
Contents of judgment.
Judgment in alternative.
368. Sentence of death.
Sentence of transportation
369. Court not to alter judgment.
370. * * * *
371. Copy of judgment. etc.. to be given to accused on application
Case of person sentenced to death.
372. Judgment where to be filed.
373. Court of Session to send copy or finding and sentence to District Magistrate.
CHAPTER XXVII
OF THE SUBMISSION OF SENTENCES FOR CONFIRMATION
374. Sentence of death to be submitted by Court of Session.
375. Power to direct further inquiry to be made or additional evidence to be taken.
376. Power of High Court to confirm sentence or annul conviction.
377. Conformation or new sentence to be signed by two Judges.
378. Procedure in case of difference of opinion.
379. Procedure in cases of submitted to High Court for confirmation.
380. * * * *
CHAPTER XXVIII
OF EXECUTION
381. Execution of order passed under section 376.
382. Postponement of capital sentence on pregnant woman
383. Execution of sentences of transportation or imprisonment in other cases.
384. Direction of warrant for execution.
385. Warrant with whom to be lodged.
386. Warrant for levy of fine.
387. Effect of such warrant.
388. Suspension of execution of sentence of imprisonment.
389. Who may issue warrant.
390. Execution of sentence of whipping only.
391. Execution of sentence of whipping in addition to imprisonment.
392. Mode of inflicting punishment.
Limit of number of stripes
393. Not to be executed by installments.
Exemptions.
394. Whipping not to be inflicted if offender not in fit state of health.
Stay of execution.
395. Procedure if punishment cannot be inflicted under section 394.
396. Execution of sentences on escaped convicts.
397. Sentence on offender already sentenced for another offence.
398. Saving as to sections 396 and 397.
399. * * * *
400. Return of warrant on execution of sentence.&
CHAPTER XXIX
OF SUPENSIONS REMISSIONS AND COMMUTATIONS OF SENTENCES
401. Power to suspend or remit sentences.
402. Power to commute punishment.
CHAPTER XXX
OF PREVIOUS ACQUITTALS OR CONVICTIONS
403. Person once convicted or acquitted not to be tried for same offence.
PART VII
Of Appeal, Reference and Revision

CHAPTER XXXI
OF APPEALS

404. Unless otherwise provided, no appeal to lie.
405. Appeal from order rejecting application for restoration of attached property
406. Appeal from order requiring security for keeping the peace or for good behaviour.
406A. Appeal from order made under section 488 or 489.
407. Appeal from sentence of Magistrate of the second or third class
Transfer of appeals to first class Magistrates.
408. Appeal from sentence of Assistant Sessions Judge or Magistrate of the first class.
409. Appeals to Court of Session how heard.
410. Appeal from sentence of Court of Session.
411. * * * *
412. No appeal in certain cases when accused pleads guilty.
413. No appeal in petty cases.
414. No appeal from certain summary convictions.
415. Proviso to sections 4l3 and 414.
415A. Special right of appeal in certain cases.
416. * * * *
417. Appeal on behalf of Government in case of acquittal.
418. Appeal on what matters admissible.
419. Petition of appeal.
420. Procedure when appellant in jail
421. Summary dismissal of appeal.
422. Notice of appeal.
423. Power of appellate Court in disposing of appeal.
424. Judgments of subordinate appellate Courts.
425. Order by High court on appeal to be certified to lower Court.
426. Suspension of sentence pending appeal.
Release of appellant on bail.
427. Arrest of accused in appeal from acquittal.
428. Appellate Court may take further evidence or direct it to be taken.
429. Procedure where Judges of Court of Appeal are equally divided.
430. Finality of orders on appeal.
431. Abatement of appeals.
CHAPTER XXXII
OF REFERENCE AND REVISION
432-433. * * * *
434. Power to reserve questions arising in original jurisdiction of High Court.
Procedure when question reserved.
435. Power to call for records of inferior Courts.
436. Power to order inquiry.
437. Power to order commitment.
438. * * * *
439. High Court’s power of revision.
440. Optional with Court to hear parties.
441. * * * *
442. High Court’s order to be certified to lower Court or Magistrate.
PART VIII
Special Proceedings

CHAPTER XXXIII

443-449. * * * *
450-463. * * * *
CHAPTER XXXIV
LUNATICS
464. Procedure in case of accused being lunatic.
465. Procedure m ease of person committed before Court of Session or
High court being lunatic.
466. Release of lunatic pending investigation or trial.
Custody of lunatic.
467. Resumption of inquiry or trial.
468. Procedure on accused appearing before Magistrate or Court.
469. When accused appears to have been insane.
470. Judgement of acquittal on ground of lunacy.
471. Person acquitted on such ground to be detained in safe custody.
Power of President to relieve Inspector-General of certain functions.
472. * * * *
473. Procedure where lunatic prisoner is reported capable of making his defence.
474. Procedure where lunatic detained under section 466 or 471 is declared fit to be released.
475. Delivery of lunatic to care of relative or friend.
CHAPTER XXXV
PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE.
476. Procedure in cases mentioned in section 195.
476A. Superior Court may complain where subordinate Court has omitted to do so.
476B. Appeals.
477. * * * *
478. Power of civil and revenue Courts to complete inquiry and commit to High Court or Court of’ Session.
479. Procedure of civil or revenue Court in such cases.
480. Procedure m certain cases of contempt.
481. Record in such cases.
482. Procedure where Court considers that case should not be dealt with under section 480.
483. When Registrar or Sub-Registrar to be deemed a civil Court within sections 480 and 482.
484. Discharge of offender on submission or apology.
485. Imprisonment or committal of person refusing to answer or produce document
486. Appeals from convictions in contempt cases.
487. Certain Judges and Magistrates not to try offences referred to in section 195 when committed before themselves.
CHAPTER XXXVI
OF THE MAINTENANCE OF WIVES AND CHILDERN
488. Order for maintenance of wives and children
Enforcement of order.
489. Alteration in allowance.
490. Enforcement of order of maintenance.
CHAPTER XXXVII
DIRECTIONS OF THE NATURE OF A HABEAS CORPUS
491. Power to issue directions of the nature of a habeas corpus.
491A. * * * *
PART IX
Supplementary Provisions

CHAPTER XXXVIII
OF THE PUBLIC PROSECUTOR

492. Power to appoint public prosecutors.
493. Public Prosecutor may plead in all Courts in cases under his charge.
Pleaders privately instructed to he under his direction.
494. Effect of withdrawal from prosecution.
495. Permission to conduct prosecution.
CHAPTER XXXIX
OF BAIL
496. In what cases bail to be taken.
497. When bail may be taken in case of non-bail able offence.
498. Power to direct admission to bail or reduction of bail.
499. Bond of accused and sureties.
500. Discharge from custody.
501. Power to order sufficient bail when that first taken is insufficient.
502. Discharge of sureties.
CHAPTER XL
OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES.
503. When attendance of witness may be dispensed with.
Issue of commission, and procedure there under.
504. * * * *
505. Parties may examine witnesses.
506. Power of subordinate Magistrate to apply for issue of commission.
507. Return of commission.
508. Adjournment of inquiry or trial.
508 A. Execution of foreign commissions.
CHAPTER XLI
SPECIAL RULES OF EVIDENCE
509. Deposition of medical witness.
Power to summon medical witness.
510. Report of Chemical Examiner.
511. Previous conviction or acquittal how proved.
512. Record of evidence in absence of accused.
Record of evidence when offender unknown.
CHAPTER XLII
PROVISIONS AS TO BONDS
513. Deposit instead of recognizance.
514. Procedure on forfeiture of bond.
514A. Procedure in case of insolvency or death of surety or when a bond is forfeited.
514B. Bond required from a minor.
515. Appeal from, and revision of, orders under section 514.
516. Power to direct levy of amount due on certain recognizance.
CHAPTER XLIII
OF THE DISPOSAL OF PROPERTY
516A. Order for custody and disposal of property pending trial in certain cases.
517. Order for disposal of property regarding which offence committed.
518. Order may take form of reference to District or Sub-divisional Magistrate.
519. Payment to innocent purchaser of money found on accused
520. Stay of order under section 517.518 or 519.
521. Destruction of libelous and other matter.
522. Power to restore possession of immoveable property.
523. Procedure by police upon seizure of property taken under section 51 or stolen.
Procedure where owner of property seized unknown.
524. Procedure where no claimant appears within six months.
525. Power to sell perishable property.
CHAPTER XLIV
OF THE TRANSFER OF CRIMINAL CASES
526. High Court may transfer case, or itself try it.
Notice to Public Prosecutor of application under this section.
* * * *
526A. * * * *
527. Power of President to transfer cases and appeals.
528. Sessions Judge may withdraw cases from Assistant Sessions Judge.
District of Sub-divisional Magistrate may withdraw or refer cases.
Power to authorize District Magistrate to withdraw classes of cases.
CHAPTER XLIV. A
528A-528D. * * * *
CHAPTER XLV
OF IRREGULAR PROCEEDINGS
529. Irregularities which do not vitiate proceedings.
530. Irregularities which vitiate proceedings.
531. Proceedings in wrong place.
532. When irregular commitments may be validated.
533. Non-compliance with provisions of section 164 or 364.
534. * * * *
535. Effect of omission to prepare charge.
536. Trial without jury of offence triable by jury.
537. Finding or sentence when reversible by reason of error or omission in charge or other proceedings.
538. Attachment not illegal, person making same not trespasser for defect or want of form in proceedings.
CHAPTER XLVI
MISCELLANEOUS
539. Courts and persons before whom affidavits may be sworn.
539A. Affidavit in proof of conduct of public servant.
539B. Local inspection
540. Power to summon material witness, or examine person present.
540A. Provision for inquiries and trial being held in the absence of accused i n certain cases.
541. Power to appoint place of imprisonment.
Removal to criminal jail of accused or convicted persons who are in confinement in civil jail, and their return to the civil jail.
542. * * * *
543. Interpreter to be bound to interpret truthfully.
544. Expenses of complainants and witnesses.
545. Power of Court to pay expenses or compensation out of fine
546. Payments to be taken into account in subsequent suit.
546A. Order of payment of certain fees paid by complainant in non cognizable cases.
547. Moneys ordered to be paid recoverable as fines
548. Copies of proceedings.
549. Delivery to military authorities of persons liable to be tried by Court-martial
Apprehension of such persons.
550. Powers to police to seize property suspected to be stolen.
551. Powers of superior officers of police.
552. Power to compel restoration of abducted females.
553. * * * *
554. Power of High Court to make rules for inspection of subordinate Courts
555. Forms
556. Case in which Judge or Magistrate is personally interested.
557. Practising pleader not to sit as Magistrate in certain Courts.
558. Power to decide language of Courts.
559. Provison for powers of Judges and Magistrates being exercised by their successors in office
560. Officers concerned in sales not to purchase or bid for property.
561. Special provisions with respect to offence of rape by a husband.
561A. Saving of inherent power of High Court.
First offenders

562. Power of Court to release certain convicted offenders on probation of good conduct instead of sentencing to punishment.
Conviction and release with admonition.
563. Provision in case of offender failing to observe conditions of his recognizance.
564. Conditions as to abode of offender.
Previously convicted offenders

565. Order for notifying address of previously convicted offender.

SCHEDULE I. * * *
SCHEDULE II. - TABULAR STATEMENT OF OFFENCES.
SCHEDULE III. - ORDINARY POWERS OF MAGISTRATES.
SCHEDULE IV. - ADDITIONAL POWERS WITH WHICH MAGISTRATES MAY BE INVESTED.

The Code of Criminal Procedure Chapters I-XV

PART I
Preliminary

CHAPTER I

Sections

1.
This Act extends to the whole of the Union of Myanmar; but, in the absence of any specific provision to the contrary, nothing herein contained shall affect any special, or local law now in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

2-3.
* * * *

4.
(1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or context:-

(a) "bail able offence" means an offence shown as bailable in the second schedule, or which is made bail able by any other law, for the time being in force; and "non-bailable offence" means any other offence:
Provided that the President of the Union may, by notification declare that an offence punishable under Section 188 or section 506 of the Penal Code, when committed in any area specified in the notification, shall be non-bailabe.

(Note) (b) * * *

(c) "charge" includes any head of charge when the charge contains more heads than one:

(d) * * * *

(e) "Clerk of the Court" means the Registrar of the Distinct Court appointed under the Courts Act, l945, and includes any officer specially appointed by the Chief Justice of the High Court to discharge the functions given by this Code to the Clerk of the Court.

(f) "cognizable offence" means an offence for, and "cognizable case " means a case in, which a police-officer may, in accordance with the second schedule or under any law for the time being in force, arrest without warrant:
Provided that the President of the Union may, by notification declare that any offence punishable under sections 186. 188, 189, 190, 228, 295A, 298, 505, 506 or 507 of the Penal. Code, when committed in any area specified in the notification, shall be cognizable.

(g) "Commissioner of Police" includes a Deputy Commissioner of Police;

(h) "complaint" means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but it does not include the report of a police-officer:

(i) * * *

(j) * * *

(k) "inquiry" includes every inquiry other than a trial conducted under this Code by a Magistrate or Court;

(l) "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police-officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf:

(m) "Judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath:

(n) "non-cognizable offence" means an offence for, and "non-cognizable case" means a case in, which a police-officer may not arrest without warrant:

(o) "offence" means any act or omission made punishable by any law for the time being in force:
It also includes any act in respect of which a complaint may be made, under section 20 of the Cattle trespass Act:

(p) "officer in charge of a police-station" includes, when the officer in charge of the police-station is absent from the station-house or unable from illness or other cause to perform his duties, the police-officer present at the station-house who is next in rank to such officer and is above the rank of constable, or when the President of the Union so directs, any other police-officer so present:

(q) "place" includes also a house, building,- tent and vessel:

(r) "pleader," used with reference to any proceeding in any Court means a pleader authorized under any law for the time being in force to practice in such Court, and includes (1) an advocate of the High Court so authorized, and (2) any other person appointed with the permission. of the Court to act in such proceeding:

(s) "Police-station" means any post or place declared, generally or specially, by the President of the Union to be a police-station, and includes any local area specified by the President of the Union in this behalf:

(ss) * * *

(t) "Public Prosecutor" means any person appointed under section 492, and includes any person acting under the directions of a Public Prosecutor and any person conducting a prosecution on behalf of [the State] in the High Court in the exercise of its original criminal jurisdiction

(u) "sub-division " means a sub-division of a district:

(v) "summons-case" means a case relating to an offence, and not being a warrant-case and

(w) warrant-case" means a case relating to an offence punishable with death, transportation or imprisonment for a term exceeding six months.

(2) Words which refer to acts done- extend also to illegal omissions; and

all words and expressions used herein and defined in the Penal Code and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by that Code.

5.
(1) All offences under the Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained.

(2) All offences under am other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with itch offences.

PART II
Constitution and Powers of Criminal Courts and Offices

CHAPTER II
OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES

A. - Classes of Criminal Courts.

6.
6. Besides the High Court and Courts constituted under any law other an this Code for the time being in force, there shall be four classes of criminal Courts in the Union of Myanmar, namely :-

I.- Courts of Session:

II.- Magistrates of the first class

III.- Magistrates of the second class

IV.- Magistrates of the third class.

B. - Territorial Divisions

7.
(1) The Union of Myanmar shall consist of sessions divisions: and very sessions division shall, for the purposes of this Code, be a district or consist of districts.

(2) The President of the Union may alter the limits or the number of such divisions and districts.

(3) The sessions divisions and districts existing when this Code comes into force shall be sessions divisions and districts respectively, unless and until they are so altered.

8.
(1) The President of the Union may divide any district into subdivisions, or make any portion of any such district a sub-division and may alter the limits of any sub-division.

(2) All existing sub-divisions which are now usually put under the charge of a Magistrate shall be deemed to have been made under this Code.

C. - Courts and Offices.

9.
(1) The President of the Union shall establish a Court of Session for every sessions division, and appoint a judge of such Court.

(2) The President of the Union may, by general or special order in the Gazette, direct at what place or places the Court of Session shall hold its sitting but, until such order is made, the Courts of Sessions shall hold their sittings hereinbefore.

(3) The President of the Union may also appoint Additional Sessions judges and Assistant Sessions Judges to exercise Jurisdiction in one or more such Courts.

(4) A Sessions Judge of one sessions division may be appointed by the President of the Union to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in either division as the President of the Union may direct.

10.
(1) In every district the President of the Union shall appoint a Magistrate of the first class, who shall be called the District Magistrate.

(2) The President of the Union may appoint any Magistrate of the first class to be an Additional District Magistrate, and such Additional District Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force, as the president of the Union may direct.

(3) For the purposes of sections 192, sub-section (1), 407, sub-section (2), and 528, sub-sections (2) and (3), such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate.

11.
Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the chief executive administration of the district, such officer shall, pending the orders of the President of the Union, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate.

12.
(1) The President of the Union may appoint as many persons as he thinks fit, besides the District Magistrate, to be Magistrates of the first, second or third class in any district, and the President of the Union or the District Magistrate, subject to the Control of the President of the Union. may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.

(Note) * * * *

(2) Except as otherwise provided by such definition, the jurisdiction and powers of such persons shall extend throughout such district.

(3) Notwithstanding anything contained in any other law, the appointment of every person as an Honorary Magistrate made prior to the cornnencement (Note) of the Code of Criminal Procedure (Amendment) Act, 1947, shall be deemed to have been made under sub-section (1) and for a period of three years only, to be reckoned from the date on which he was so appointed.

13.
(1) The President of the Union may place any Magistrate of the first or second class in charge of a sub-division, and relieve him of the charge as occasion requires.

(2) Such Magistrates shall be called Sub-divisional Magistrates.

(3) The President of the Union may delegate his powers under this section to the District Magistrate.

14.
(1) The President of the Union may confer upon any person all or any of the powers conferred or conferrable by or under this Code on a Magistrate of the first, second or third class in respect to particular cases or to a particular class or particular classes of cases, or in regard to cases generally in any local area.

(2) Such Magistrates shall be called Special Magistrates, and shall be appointed for such term as the President of the Union may by general or special order direct.

(3) The President of the Union may delegate, with such limitations as he thinks fit, to any [District Magistrate] the powers conferred by sub-section (1).

(4) No powers shall be conferred under this section on any police-officer below the grade of Assistant District Superintendent, and no powers shall be conferred on a police-officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detaining offenders in order to their being brought before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force.

15.
(1) The President of the Union may direct any two or more Magistrates in any place to sit together as a Bench, and may by order invest such Bench with any of the powers conferred or conferrable by or under this Code on a Magistrate of the first, second or third class, and direct it to exercise such powers in such cases, or such classes of cases only, and within such local limits, as the President of the Union thinks fit.

(2) Except as otherwise provided by any order under this section, very such Bench shall have the powers conferred by this code on a magistrate of the highest class to which any one of its members, who is present taking part in the proceedings as a member of the Bench, belongs and as far as practicable shall, for the purposes of this Code, be deemed to be a Magistrate of such class.

16.
The President of the Union may, or. subject to the control of the President of the Union, the District Magistrate may, from time to time, make rules consistent with this Code for the guidance of Magistrates' Benches in any district respecting the following subjects
(a) the classes of cases to be tried

(b) the times and places of sitting

(c) the constitution of the Bench for conducting trials:

(d) the mode of settling differences of opinion which may arise between the Magistrates in session.

17.
(1) All Magistrates appointed under sections 12, 13 and 14 and all Benches constituted under section 15, shall be subordinate to the District Magistrate, and he may, from time to time, make rules or give special orders consistent with this Code ‘as to the distribution of business among such Magistrates and Benches and

(2) Every Magistrate (other than a sub-divisional Magistrate) and every Bench exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.

(3) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and he may, from time to tune, make rules consistent with this Code as to the distribution of business among such Assistant Sessions Judges.

(4) The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Judge, by the District Magistrate, and such Judge or Magistrate shall have jurisdiction to deal with any such application.

(5) Neither the District Magistrate nor the Magistrates or Benches appointed or constituted under sections 12, 13, 14 and 15 shall be subordinate to the Sessions Judge, except to the extent and in the manner hereinafter expressly provided.

D.- Courts of Presidency Magistrate

18-21
* * * *

E.- Justices of the Peace.

22.
* * * *

F.- Suspension and Removal
23-27.
* * * *

CHAPTER III
Powers of Courts

A. - Description of Offences cognizable by each Court.

28.
Subject to the other provisions of this Code, any offence under the Penal Code may be tried -

(a) by the High Court, or

(b) by the Court of Session, or

(c) by any other court by which such offence is shown in the eighth column of the second schedule to be triable.

Illustration
A is committed to the Sessions Court on a Charge of culpable homicide. He may be convicted of voluntarily causing hurt, an offence triable by a Magistrate.

29.
(1) Subject to the other provisions of this Code, any offence under my other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court.

(2) When no Court is so mentioned, it may be tried by the High Court or, subject as aforesaid, by any Court constituted under this Code by which such offence is shown in the eighth column of the second schedule to be triable.

29A.
* * * * (Note)

29B.
* * * *

30.
The President of the Union may ( * * * * ) (Note) invest the District Magistrate or any Magistrate of the first class with power to try as a Magistrate all offences not punishable with death.

B. - Sentences which may be passed by Courts of various Classes.

31.
(1) The High Court may pass any sentence authorized by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law ., but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

(3) An Assistant Sessions Judge may pass any sentence authorized by law, except a sentence of death or of transportation for a term exceeding seven years or of imprisonment for a term exceeding seven years.

32.
(1) The Courts of Magistrates may pass the following sentences, namely :-

(a) Courts of Magistrates of the first class Imprisonment for a term not exceeding two years, including such solitary confinement as is authorized by law; Fine not exceeding one thousand rupees;Whipping.
(b) Courts of Magistrates of the second-class Imprisonment for a term not exceeding six months, including such solitary confinement as is authorized by law;Fine not exceeding fifty rupees.
(c) Courts of Magistrates of the third class; Imprisonment for a term not exceeding one month;Fine not exceeding fifty rupees.

(2) The Court of any Magistrate may pass any lawful sentence combining any of the sentences which it is authorized by law to pass.

33.
(1) The Court of any Magistrate may award such term of imprisonment in default of payment of fine as is authorized by law in case of such default:
Provided that-

(a) the term is not in excess of the Magistrate's powers under this Code;

(b) in any case decided by a Magistrate where imprisonment has been awarded as part of the substantive sentence, the period of imprisonment awarded in default of payment of the fine shall not exceed one-fourth of the period of imprisonment which such Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 32.

34.
The Court of a Magistrate, specially empowered under section 30, may pass any sentence authorized by law, except a sentence of death or of transportation for a term exceeding seven years or ‘imprisonment for a term exceeding seven years.

34A.
* * * * (Note)

35.
(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Penal Code, sentence him for such offences to the several punishments prescribed therefor which such Court is competent to inflict, such punishment, when consisting of imprisonment of transportation, to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:

Provided as follows:-

(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years:

(b) if the case is tried by a Magistrate (other than a Magistrate acting under section 34), the aggregate punishment shall not exceed twice the amount of punishment which he is, in the exercise of his ordinary jurisdiction, competent to inflict.

(3) For the purpose of appeal, the aggregate of consecutive sentences passed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.

C. - Ordinary and Additional Powers.
36.
All District Magistrates, Sub-divisional Magistrates and Magistrates of the first, second and third classes, have the powers hereinafter respectively conferred upon them and specified in the third schedule. Such powers are called their "ordinary powers."

37.
In addition to his ordinary powers, any Sub-divisional Magistrate or any Magistrate of the first, second or third class may be invested by the President of the Union or the District Magistrate, as the case may be, with any powers specified in the fourth schedule as powers with which he may be invested by the President of the Union or the District Magistrate.

38.
The power conferred on the District Magistrate by section 37 shall be exercised subject to the control of the President of the Union.

D. - Conferment, Contnuance and Cancellation of Powers.
39.
(1) In conferring powers under this Code the President of the Union may, by order, empower persons specially by name or in virtue of their office or classes of officials generally by their official titles.

(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

40.
Whenever any person holding an office in the service of the Government who has been invested with any powers under this Code throughout my local area is appointed to an equal or higher office of the same nature within a like local area, he shall, unless the President of the Union otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

41.
(1) The President of the Union may withdraw all or any of the powers conferred under this Code on any person by him or by any officer subordinate to him.

(2) Any powers conferred by the District Magistrate may be withdrawn by the District Magistrate.

PART III
General Provisions

CHAPTER IV
OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS

42.
Every person is bound to assist a Magistrate or police-officer reasonably demanding his aid,-
(a) in the taking or preventing the escape of any other person whom such Magistrate or police-officer is authorized to arrest;

(b) in the prevention or suppression of a breach of the peace, or, in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.

43.
When a warrant is directed to a person other than a police-officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

44.
(1) Every person aware of the commission of, or of the intention or any other person to commit, an offence punishable under any of the following sections of the Penal Code (namely), 121, 121A, 122, 123, 124, 124 A, 125, 126, 130, 143, 144, 145, 147, 148, 302, 303, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459, and 460, shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police-officer of such commission or intention.

(2) For the purposes of this section the term "offence" includes an act committed at any place out of the Union of Myanmar which would constitute a offence if committed in the Union of Myanmar.

45.
(1) Every village-headman, village police-officer, owner or occupier of land, and the agent of any such owner or occupier in charge of the management of that land, and every officer employed in the collection of revenue or rent of land on the part of Government, shall, forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police-station, whichever is the nearer, any information which he may possess respecting -
(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in any village of which he is head-man or police-officer, or in which he owns or occupies land, or is agent, or collects revenue or rent;

(b) the resort to any place within, or the passage through. such village of any person whom he knows, or reasonably suspects to be, a thug, robber, escaped convict or proclaimed offender

(c) the commission of, or intention to commit, in or near such village any non-bail able offence or any offence punishable under section 143, 144, 145, 147, or 148 of the Penal Code.

(d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances, or the discovery in or near such village of any corpse or part of a corpse in circumstances which lead to a reasonable suspicion that such a death has occurred, or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bail able offence has been committed in respect of such person;

(e) the commission of, or intention to commit, at any place out of the Union of Myanmar near such village any act which, if committed in the Union of Myanmar. would be an offence punishable under any of the following sections of the Penal Code, namely, 231, 232, 233, 234, 235, 236, 237, 238, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459, 460, 489A, 489B, 489C, and 489D;

(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate by general or special order made with the previous sanction of the President of the Union, has directed him to communicate information.

(2) In this section-

(i) "village" includes village-lands ; and

(ii) the expression "proclaimed offend& includes any person proclaimed as an offender by any Court or authority established or continued by the President of the Union in any part of the Union of Myanmar in respect of any act which [ * * * * ] (Note) would be punishable under any of the following sections of the Penal Code, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459, and 460.

(3) Subject to rules in this behalf to be made by the President of the Union, the District Magistrate or Sub-divisional Magistrate may from time to time appoint one or more persons with his or their consent to perform the duties of a village-headman under this section whether a village-headman has or has not been appointed for that village under any other law.

CHAPTER V
OF ARREST, ESCAPE AND RETAKING

A. - Arrest generally.

46.
(1) In making an arrest the police-officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police-officer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with transpiration for life.

47.
If any person acting under a warrant of arrest, or any police-officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within any place, the person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police-officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

48.
if ingress to such place cannot be obtained under section 47, it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police-officer to enter such place and search therein, and in order to effect an entrance into such place to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if, after announcement of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance.

(Note) ( * * * * )

49.
Any police-officer or other person authorized to make an arrest may break open any outer or inner door or widow of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

50.
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape

51.
Whenever a person is arrested by a police-officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and

whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person the police-officer to whom he makes over the person arrested, may search such person, and place in safe custody all article, other than necessary wearing apparel found upon him.

52.
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency.

53.
The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.

B. - Arrest without Warrant
54.
54. (1) Any police-officer may, without an order from a Magistrate and without a warrant, arrest-
first, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned

secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking,

thirdly, any person who has been proclaimed as an offender either under this Code or by order of the President of the Union;

fourthly, any person in whose possession anything is found which may reasonably by suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;

fifthly, any person who obstructs a police-officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;

sixthly, any person reasonably suspected of being a deserter from [the Burma] (Note) Army. Navy or Air Force;

seventhly, any person who has been concerned in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of the Union of Myanmar which, if committed in the Union of Myanmar, would have been punishable as an offence, and for which he is, under any law relating to extradition [ * * * * ] (Note) or otherwise, liable to be apprehended or detained in custody in the Union of Myanmar;

eighthly; any released convict committing a breach of any rule made under section 565, sub-section (3),

ninthly, any person for whose arrest a requisition has been received from another police-officer. provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

(2) * * * *

55.
(1) Any [police-officer] (Note) may, in like manner, arrest or cause to be arrested-
(a) any person found taking precautions to conceal his presence [within the limits of the police-station to which such police-officer is attached] (Note) under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence; or

(b) any person [within the limits of the police-station to which such police-officer is attached] (Note) who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself : or

(c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put persons in fear of injury.

(2) * * * *

56.
(Note) An officer in charge of a police-station or any police-officer making an investigation under Chapter XIV may require any officer subordinate to him to arrest without a warrant any person who may lawfully be arrested without a warrant.

57.
(1) When any person who in the presence of a police-officer has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required:

Provided that, if such person is not resident in the Union of Myanmar, the bond shall be secured by a surety or sureties resident in the Union of Myanmar.

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should be fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

58.
A police-officer may, for the purpose of arresting without warrant any person whom he is authorized to arrest under this Chapter, pursue such person into any place in the Union of Myanmar.

59.
(1) Any private person may arrest any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay shall make over any person so arrested to a police-officer, or, in the absence of a police-officer, take such person or cause him to be taken in custody to the nearest police-station.

(2) If there is reason to believe that such person comes under the provisions of section 54, a police-officer shall re-arrest him.

(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police-officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 57. If there is no sufficient reason to believe that he has committed any offence he shall be at once released.

60.
A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested [ * * * * ] (Note) before the officer in charge of a police-station.

61.
No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to [the police-station, and from there to the Magistrate's Court].(Note)

62.
Officers in charge of police-stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate the cases of all persons arrested without warrant within the Limits of their respective stations, whether such persons have been admitted to bail or otherwise.

63.
No person who has been arrested by a police-officer shall be discharged except on his own bond, or on bail or under the special order of a Magistrate.

64.
When any offence is committed in the presence of a Magistrate within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

65.
Any Magistrate may at any time arrest or direct the arrest, in his presence within the local Limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

66.
If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in the Union of Myanmar.

67.
The provisions of sections 47, 48 and 49 shall apply to arrests under section 66, although the person making any such arrest is not acting under a warrant and is not a police-officer having authority to arrest.

CHAPTER VI
OF PROCESSES TO COMPEL APPENARANCE

A. - Summons.
68.
(1) Every summons issued by a Court under this Code shall be in writing in duplicate, signed and scaled by the presiding officer of such Court or by, such other officer as the High Court may, from time to time, by rule, direct.

(2) Such summons shall be served by a police-officer or subject to such rules as the President of the Union may prescribe in this behalf, by an officer of the Court issuing it or other public servant.

69.
(1) The summons shall, if practicable, be served personally on the person summoned by delivering or tendering to him one of the duplicates of the summons.

(2) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

(3) Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered post letter addressed to the chief officer of the corporation in the Union of Myanmar. In such case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

70.
Where the person summoned cannot by the exercise of due diligence be found the summons may be served by leaving one of the duplicates for him with some adult [ * * * ] (Note) member of his family; and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

71.
If service in the manner mentioned in sections 69 and 70 cannot be the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides ; and thereupon the summons shall be deemed to have been duly served.

72.
(1) Where the person summoned is in the active service of the Government or of a Railway Administration, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in manner provided by section 69, and shall return it to the Court, under his signature with the endorsement required by that section.

(2) Such signature shall be evidence of due service.

73.
When a Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned resides or is to be there served.

74.
(1) When a summons issued by a Court is served outside the local limits of its jurisdiction. and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate. that such summons has been served, and a duplicate of the summons purporting to be endorsed (in manner provided by section 69 or section 70) by the person to whom it was delivered or tendered or with whom it was left. shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.

B. - Warrant of Arrest.
75.
(1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer, or in the case of a Bench of Magistrates by any member of such Bench and shall bear the seal of the Court.

(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

76.
(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

(2) The endorsement shall state-

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound and

(c) the time at which he is to attend before the Court.

(3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the Court

77.
(1) A warrant of arrest shall ordinarily be directed to one or more police-officers but the Court issuing such a warrant may, if its immediate execution is necessary and no police-officer is immediately available, direct it to any other person or persons and such person or persons shall execute the same.
(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more, of them.

78.
(1) A District Magistrate or Subdivisional Magistrate may direct a warrant to any landholder. [occupier] (Note) or manager of land within his district or sub-division for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and who has eluded pursuit.

(2) Such landholder, [occupier] (Note) or manager shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued is in, or enters on, his land [* *] (Note) or the land under his charge.

(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police-officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 76.

79.
A warrant directed to any police-officer may also be executed by any other police-officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

80.
The police-officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required shall show him the warrant.

81.
The police-officer or other person executing a warrant of arrest shall (subject to the provisions of section 76 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.

82.
A warrant of arrest may be executed at any place in the Union of Myanmar.

83.
(1) When a warrant is to be executed outside the local limits of the jurisdiction of the Court issuing the same, such Court may, instead of directing such warrant to a police-officer, forward the same by post or otherwise to any Magistrate or District Superintendent of Police within the local limits of whose jurisdiction it is to be executed.

(2) The Magistrate or District Superintendent to whom such warrant is so forwarded shall endorse his name thereon and, if practicable, cause it to be executed in manner hereinbefore provided within the local limits of his jurisdiction.

84.
(1) When a warrant directed to a police-officer is to be executed beyond the local limits of the jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to a Magistrate or to a police-officer not below the rank of an officer in charge of a station, Within the local limits of whose jurisdiction the warrant is to be executed.

(2) Such Magistrate or police-officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police-officer to whom the warrant is directed to execute the same within such limits and the local police shall, if so required. assist such officer in executing such warrant.

(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police-officer within the local limits of whose jurisdiction the warrant is to be executed will prevent such execution, the police-officer to whom it is directed may execute the same without such endorsement in any place beyond the local limits of the jurisdiction of the Court which issued it.

85.
When a warrant of arrest is executed outside the district in which it was issued. the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Magistrate or District Superintendent of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 76, be taken before such Magistrate or District Superintendent.

86.
(1) Such Magistrate or District Superintendent shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court.

Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate or District Superintendent, or a direction has been endorsed under section 76 on the warrant and such person is ready and willing to give the security required by such direction the Magistrate or District Superintendent shall take such bail or security, as the case may be, and forward the bond to the Court which issued the warrant.

(2) Nothing in this section shall be deemed to prevent a police-officer from taking security under section 76.

C. - Proclamation and Attachment.
87.
(1) if any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant can not be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:-

(a) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides.

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; and

(c) a copy thereof shall be affixed to some conspicuous part of the
Court-house.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.

88.
(1) The Court issuing a proclamation under section 87 may at any time order the attachment of any property, moveable or immoveable. or both, belonging to the proclaimed person,.

(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other moveable property, the attachment under this section shall be made.-

(a) by seizure or

(b) by the appointment of a receiver ; or

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(4) If the property ordered to be attached is immoveable, the attachment under this section shall, in the case of land paying revenue to Government, be made through the Collector of the district in which the land is situate, and in all other cases.-

(e) by taking possession; or

(f) by the appointment of a receiver; or

(g) by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalf; or

(h) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.

(6) The powers duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure.

(6A) If any claim is preferred to. or objection made to the attachment of any property attached under this section, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under this section, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of death of the claimant or objector be continued by his legal representative.

(6B) Claims or objections under sub-section (6A) may be preferred or made in the Court by which the order of attachment is issued or, if the claim or objection is in respect of property attached under an order endorsed by a District Magistrate in accordance with the provisions of sub-section (2), in the Court of such Magistrate.

(6C) Every such claim or objection shall be inquired into by the Court in which it is preferred or mad;.

Provided that, if it is preferred or made in the Court of a District Magistrate, such Magistrate may make it over for disposal to any magistrate of the first or second class subordinate to him.

(6D) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (6A) may, within a period of one year from the date of such order, institute a suit to establish the ri2ht which he claims in respect of the property in dispute but subject to the result of such suit, if any, the order shall be conclusive.

(6E) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

(7) If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment shall be at the disposal of Government but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under sub-section (64) has been disposed of under that sub-section. unless it is subject to speedy and natural decay or the Court considers that the sale would be for the benefit of the owner in either of which cases the Court may cause it to be sold whenever it thinks fit.

89.
If, within two years from the date of the attachment any person whose property is or has been at the disposal of Government, under sub-section (7) of section 88, appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying there out all costs incurred in consequence of the attachment, be delivered to him.

D. - Other Rules regarding Processes.
90.
A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person other than a juror[ * * ] (Note), issue, after recording its reasons in writing, a warrant for his arrest -

(a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or

(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

91.
When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons of warrant is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court.

92.
When any person who is bound by any bond taken under this Code to appear before a Court does not so appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.

93.
The provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall so far as may be apply to every summons and every warrant of arrest issued under this Code.

CHAPTER VII
OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVEABLE PROPERTY, AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

A. - Summons to produce.

94.
(1) Whenever any Court or any officer in charge of a police-station considers that the production of tiny document or other thing is necessary or desirable or the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be requiring him to attend and produce it. or to produce it at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same

(3) Nothing in this section shall be deemed to affect the Evidence Act, sections 123 and 124, or to apply to a letter, postcard. telegram or other document or any parcel or thing in the custody of die postal or Telegraph authorities.

95.
(1) If any document, parcel or thing in such custody is. in the opinion of any District Magistrate, High Court or Court of Session, wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the postal or Telegraph authorities, as the case nay be to deliver such document, parcel or thing to such person as such Magistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any other Magistrate or of the Commissioner of Police or any District Superintendent of Police, wanted for any such purpose, he may require the Postal or Telegraph Department, as the case may he. to cause search to be made for and to detain such document, parcel or thing pending the orders of any such District Magistrate or Court.

B. - Search-warrants.
96.
(1) Where any Court has reason to believe that a person. to whom a summons or order under section 94 or a requisition under section 95, subsection (1), has been or might be addressed. will not or would not produce the document or thing as required by such summons or requisition.
or where such document or thing is not known to the Court to be in die possession of any person.

or where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection.

it may issue a search-warrant and the person to whom such warrant is directed may search or inspect in accordance therewith and the provisions hereinafter contained.

(2) Nothing herein contained shall authorize any Magistrate other than a District Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the Postal or Telegraph authorities.

97.
The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend and the person charged with the execution of' such warrant shall then search or inspect only the place or part so specified.

98.
(1) If District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property,
or for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps or coin, or instruments or materials for counter feiting coin or stamps or for forging,

or that any forged documents, false seals or counterfeit stamps or coin, or instruments or materials used for counterfeiting coin or stamps or for forging, are kept or deposited in any place,

or if a District Magistrate or a cub-divisional Magistrate upon information and after such inquiry as he thinks necessary. has reason to believe that any place is used for the deposit sale, manufacture or production of any obscene object such as is referred to in section 292 of the Penal Code or that any such obscene objects are kept or deposited in any place,

he may by his warrant authorize any police-officer above the rank of a constable -

(a) to enter, with such assistance as may be required, such place, and

(b) to search the same in manner specified in the warrant, and

(c) to take possession of any property, documents Seals, stamps or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged. false or counterfeit, and also of any such instruments and materials or of any such obscene objects as aforesaid, and

(d) to convey such property, documents, seals, stamps, coins, instruments or materials or such obscene objects before a magistrate,
or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose thereof in some place of safety, and

(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been prive to the deposit, sale or manufacture or keeping of any such property documents, seals, stamps, coins, instruments or materials or such obscene objects, knowing or having reasonable cause to suspect the said property to have been stolen or otherwise unlawfully obtained, or the said documents, seals, stamps, coins, instruments or materials to have been forged, falsified or counterfeited, or the said instruments or materials to have been or to be intended to be used for counterfeiting coin or stamps or for forging, or the said obscene objects to have been or to be intended to be sold, let to hire, distributed, publicly exhibited, circulated, imported, or exported.

(2) The previsions of this section with respect to-

(a) Counterfeit coin.

(b) coin suspected to be counterfeit, and

(c) instruments or materials of counterfeiting coin,

shall, so far as they can be made applicable, apply respectively to-

(a) pieces of metal made in contravention of the Metal Tokens Act, or brought into the Union of Myanmar in contravention of any notification for the time being in force under section 19 of the Sea Customs Act,

(b) pieces of metal suspected to have been so made or to have been so brought into the Union of Myanmar or to be intended to be issued in contravention of the former of those Acts, and

(c) instruments or materials for making pieces of metal in contravention of that Act.

99.
When, in the execution of a search-warrant at any place beyond the local limits of the jurisdiction of the Court which issued the same, any of the things for which search is made are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court. in which case the list and things shall be immediately taken before such Magistrate and unless there be good cause to the contrary, such Magistrate shall make an order authorizing them to be taken to such Court.

99A.
(1) Where-

(a) any newspaper, or book as defined in the Press (registration) Act, or

(b) any document,

wherever printed, appears to the President of the Union to contain any seditious matter [or any matter which advocates, advises or teaches the duty, necessity. desirability or prosperity of over throwing or destroying the organs of the Union or of its constituent units by force of violence] (Note) or any matter which promotes or is intended to promote feelings of enmity or hatred between different classes of [persons resident in Myanmar] (Note) or which is deliberately and maliciously intended to outrage the religious feelings of any such class by insulting the religion or the religious beliefs of that class, that is to say, any matter the publication of which is punishable under section 124A [or section 124B] (Note) or section 153A or section 295 A of the Penal Code, the President of the Union may, by notification in the Gazette stating the grounds of his opinion, declare every copy of the issue of the newspaper containing such matter and every copy of such book or other document to be forfeited to [the State] (Note) and thereupon any police-officer may seize the same wherever found in the Union of Myanmar and any Magistrate may by warrant authorize any police-officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be.

(2) in sub-section (1) "document" includes also any painting, drawing or photograph, or other visible representation.

99B.
Any person having any interest in any newspaper, book or other document, in respect of which an order of forfeiture has been made under section 99A, may, within two months form the date of such order apply to the High Court to set aside such order on the ground that the issue of the newspaper or the book or other document, in respect of which the order was made, did not contain any seditious or other matter of such a nature as is referred to in sub-section (1) of section 99A.

99C.
Every such application shall be heard and determined by a Special Bench of the High Court composed of three Judges.

99D.
(1) on receipt of the application, the Special Bench shall, if it is not satisfied that the issue of the newspaper, or the book or other document in respect of which the application has been made, contained seditious or other matter of such a nature as is referred to in sub-section (1) of section 99A, set aside the order of forfeiture.
(2) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall he in accordance with the opinion of the majority of those Judges.

99E.
On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words signs or visible representations contained in such newspaper, in respect of which the order of forfeiture was made.

99F.
The High Court shall, as soon as conveniently may be. frame rules (Note) to regulate the procedure in the case of such applications, the amount of the costs thereof and the execution of orders passed thereon, and until such rules are framed the practice of such Court in proceedings other than suits and appeals shall apply. so far as may be practicable, to such applications.

99G.
No order passed or action taken under section 99A shall be called in question in any Court otherwise than in accordance with the provisions or section 99B.

C. - Discovery of Persons wrongfully confined.
100.
If any Magistrate of the first class or Sub-divisional Magistrate has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined, and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

D. - General Provisions relating to Searches
101.
The Provisions of sections 43, 75, 77, 79, 82, 83, and 84 shall, so far as may be, apply to all search-warrants issued under section 96, section 98, section 99A or section 100.

102.
(1) Whenever anyplace liable to search or inspection under this Chapter is closed, any person residing in or being in charge of such place shall on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in manner provided by section 48.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. If such person is a woman, the directions of section 52 shall be observed.

103.
(Note) (1) Before making a search under this Chapter, the officer or other person about to make it shall require two or more persons to attend and witness the search and may issue an order in writing to any inhabitant of the locality in which the place to be searched is situate so to do.
(2) The search shall be make in their presence, and a list of all things seized in the course of such search and of the places in which .they are respectively found shall be prepared by such officer or other person and signed by such witness, but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.

(Note) (3) The occupier of the place searched, or some person on his behalf, shall be permitted to attend during the search, and, if present shall be required to sign the list prepared under sub-section (2) in token of the correctness thereof, and a copy of the said list shall be delivered to such occupier or person by the officer or other person making the search.

(4) When any person is searched under section 102, sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person at his request.

(5) Any person who without reasonable cause, refuses of neglects to attend and witness a search under this section when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Penal Code.

E. - Miscellaneous
104.
Any Court may if it thinks fit, impound any document or thing produced before it under this Code.

105.
Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.

PART IV
Prevention of Offences

CHAPTER VIII
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

A. - Security for keeping the Peace on Conviction
106.
(1) Whenever any person accused of any offence punishable under Chapter VIII of the Penal Code, other than an offence punishable under [* *](Note) , section 149, [* *](Note) or section 154 thereof, or of assault or other offence involving a breach of the peace, or of abetting the same, or any person accused of committing criminal intimidation, is convicted of such offence before the High Court, a Court of Session, a District Magistrate, a Sub-divisional Magistrate or a Magistrate of the first class,
and such Court is of opinion that it necessary to require such person to execute bond for keeping the peace,

such Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace during such period, not exceeding three years, as it thinks fit to fix.

(2) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(3) An order under this section may also be made by an appellate Court including a Court heating appeals under section 407 or by the High Court when exercising its powers of revision.

B. - Security for keeping the Peace in other Cases and Security for Good Behaviour
107.
(1) Whenever a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class is informed that any person is likely to commit a breach of the peace or disturb the public tranquility, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility, the Magistrate Win his opinion there is sufficient ground for proceeding may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period not exceeding one year as the Magistrate thinks fit to fix.
(2) Proceedings shall not be taken under this section unless either the person informed against or the place where the breach of the peace or disturbance is apprehended is within the local limits of such Magistrate's jurisdiction, and n~ proceedings shall be taken before any Magistrate, other than a District Magistrate, unless both the person informed against and the place where the breach of the peace or disturbance is apprehended are within the local limits of the Magistrate's jurisdiction.

(3) When any Magistrate not empowered to proceed under subsection (1) has reason to believe that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, and that such breach of the peace or disturbance cannot be prevented otherwise than by detaining such person in custody, such Magistrate may. after recording his reasons, issue a warrant for his arrest (if he is not already in custody or before the Court), and may send him before a Magistrate empowered to deal with a copy of his reasons.

(4) A Magistrate before whom a person is sent under sub-section (3) may in his discretion detain such person in custody pending further action by himself under this Chapter.

108.
Whenever a District Magistrate [a Sub-divisional Magistrate](Note) or a Magistrate of the first class specially empowered by the President of the Union in this behalf has information that there is within the limits of his jurisdiction any person who, within or without such limits, either orally or in writing or in any other manner intentionally disseminates or attempts to disseminate, or in anywise abets the dissemination of -
(a) any seditious matter, that is to say any matter the publication of which is punishable under section 124A of the Penal Code or (Note)(aa) any matter the publication of which is punishable under section 124B of the Penal Code, or

(b) any matter the publication of which is punishable under section 153A of the Penal Code, or

(c) any matter concerning a Judge which amounts to criminal intimidation or defamation under the Penal Code,

such Magistrate, if in his opinion there is sufficient ground for proceeding, may (in manner hereinafter provided) require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year. as the Magistrate thinks fit to fix.

No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under and edited, printed and published in conformity with, the rules laid down in the Press (Registration) Act, with reference to any matters contained in such publication, except by the order or under the authority of the President of the Union or some officer empowered by the President of the Union in this behalf.

109.
Whenever a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class receives information -
(a) that any person is taking precautions to conceal his presence within the local limits of such Magistrate' jurisdiction, and that there is reason to believe that such person is taking such precautions with a view to committing any offence, or

(b) that there is within such limits a person who has no ostensible means subsistence, or who cannot give a satisfactory account of himself, such Magistrate may, in manner hereinafter provided, require such person to show-cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit to fix.

110.
Whenever a District Magistrate or Subdivision at Magistrate or a Magistrate of the first class specially empowered in this behalf by the President of the Union receives information that any person within the local limits of his jurisdiction -

(a) is by habit a robber, house-breaker, thief, or forger, or

(b) is by habit a receiver of stolen property knowing the same to have been stolen, or

(c) habitually protects or harbours thieves or aids in the concealment or disposal of stolen property, or

(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter Xii of the Penal Code, or under section 489A, section 489B, section 489C or section 489D of that Code, or

(e) habitually commits, or attempts to commit, or abets the commission of, offences involving a breach of the peace, or

(f) is so desperate and dangerous as to render his being at large without security hazardous to the community,

such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit to fix.

111.
* * * *

112.
When a Magistrate acting under section 107, section 108, section 109 or section 110 deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.

113.
If the person in respect of whom such order is made is present in Court, it shall be read over to him or, if he so desires, the substance thereof shall be explained to him.

114.
If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court
Provided that whenever it appears to such Magistrate, upon the report of' a police-officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.

115.
Every summons or warrant issued under section 114 shall be accompanied by a copy of the order made under section 112 and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.

116.
The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and may permit him to appear by a pleader.

117.
(1) When an order under section 112 has been read or explained under section 113 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant issued under section 114, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.
(2,) Such inquiry shall be made, as nearly as may be practicable, where the order requires security for keeping the peace in the manner hereinafter prescribed for conducting trials and recording evidence in summons-cases and where the order requires security for good behaviour in the manner hereinafter prescribed for conducting trials and recording evidence in warrant-cases, except that no charge need be framed.

(3,) Pending the completion of the inquiry under sub-section (1) the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 112 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded

Provided that:-

(a,) no person against whom proceedings are not being taken under section 108, section 109, or section 110, shall be directed to execute a bond for maintaining good behaviour, and

(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability shall not be more onerous than those specified in the order under section 112.

(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.

118.
(1) If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly:
Provided -

First that no person shall be ordered to give security of a nature different from, or of an amount larger than or for a period longer than, that specified in the order made under section 112:

Secondly, that the amount of' every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive:

Thirdly, that when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.

119.
If, on an inquiry under section 117, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or if such person is not in custody, shall discharge him.

C. - Proceedings in all Cases subsequent to Order to furnish Security
120.
(1) If any person, in respect of whom an order requiring security is made under section 106 or Section 118, is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.

121.
The bond to be executed by any such person shall bind him to keep the peace on to be of good behaviour, as the case may he, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.

122.
(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond.
Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him

(2) Such Magistrate shall, before holding inquiry, dive reasonable notice to the surety and to the person by whom the surety was offered and shall in making the inquiry record the substance of the evidence adduced before him.

(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (I) and the report of such Magistrate (if any). that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing.

Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant as he thinks fit, and cause the person for whom the surety is bound to appear or to he brought before him.

123.
(1) If any person ordered to give security under section 106 or section 118 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned. be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it.
(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the order of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be. before such Court.

(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, may pass such order on the case as it thinks fit:

Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.

(3A) If security has been required in the course of the same proceedings from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2), such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned shall not exceed the period for which he was ordered to give security.

(3B) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (3A) to an Additional Sessions Judge or Assistant Sessions Judge, and upon such transfer such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.

(4) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall wait the order of such Court or Magistrate.

(5) Imprisonment for failure to give security for keeping the peace shall be simple.

(6) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 108, be simple and, where the proceedings have been taken under section 109 or section 110, be rigorous or simple as the Court or Magistrate in each case directs.

124.
(1) Whenever the District Magistrate is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.
(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the District Magistrate may (unless the order has been made by some Court superior to his own) make an order reducing the amount of the security or the number of sureties or the time for which security has been required.

(3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts:

Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.

(4) The President of the Union may prescribe the conditions upon which a conditional discharge may be made.

(5) If any condition upon which any such person has been discharged is, in the opinion of the District Magistrate by whom the order of discharge was made or of his successor, not fulfilled he may cancel the same.

(6) When a conditional order of discharge has been cancelled under subsection (5), such person may be arrested by any police-officer without warrant, and shall thereupon be produced before the District Magistrate.

Unless such person then gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), the District Magistrate may remand such person to prison to undergo such unexpired portion.

A person remanded to prison under this sub-section shall, subject to the provisions of section 122, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.

125.
The District Magistrate may at any time, for sufficient reason to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by order of any Court in his district not superior to his Court.

126.
(1) Any surety for the peaceable conduct or good behaviour of another person may at any time apply to a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class to cancel any bond executed under this Chapter within, the local limits of his jurisdiction.
(2.) On such application being made, the Magistrate shall issue his summons or warrant, as he thinks fit, requiring the person for whom such surety is bound to appear or to be brought before him.

126A.
When a person for whose appearance a warrant or summons has been issued under the proviso to sub-section (3) of section 122 or under section 126, sub-section (2), appears or is brought before him, the Magistrate shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security, Every such order shall, for the purposes of sections 121, 122, 123 and 124, be deemed to be an order made under section 106 or section 118, as the case may be.

CHAPTER IX
UNLAWFUL ASSEMBLIES
127.
(1) Any Magistrate or officer in charge of a police-station [or police-officer not below the rank of sub-inspector] (Note) may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.
(2) * * * *

128.
If, upon being so commanded, any such assembly does not disperse, or it, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Magistrate or officer in charge of a police-station [or police-officer not below the rank of sub-inspector] (Note) may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer, soldier, sailor or airman in [the Burma] (Note) Army, Navy or Air Force or a member of either of the Forces constituted by the Burma Territorial Force Act or the Burma Auxiliary Force Act, and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.

129.
If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Magistrate of the highest rank who is present may cause it to be dispersed by military force.

130.
(1) When a Magistrate determines to disperse any such assembly by military force, he may require any commissioned or non-commissioned officer in command of any soldiers in [the Burma] (Note) Army, or of any members of either of the Forces constituted by the Burma Territorial Force Act or the Myanmar Auxiliary Force Act, to disperse such assembly by military force, and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.

(2) Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

131.
When the public security is manifestly endangered by any such assembly, and when no Magistrate can be communicated with, any commissioned officer of [the Myanmar] (Note) Army may disperse such assembly by military force, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law but if, while he is acting under this section, it becomes practicable for him to communicate with a Magistrate he shall do so, and shall thenceforward obey the instructions of the Magistrate as to whether he shall or shall not continue such action.

132.
No prosecution against any person for any act purporting to be done under this Chapter shall be instituted in any criminal Court, except with the sanction of the President of the Union and -

(a) no Magistrate or police-officer acting under this Chapter in good faith,

(b) no officer acting under section 131 in good faith,

(c) no person doing any act in good faith, in compliance with a requisition under section 128 or section 130, and

(d) no inferior officer, or soldier, or volunteer, doing any act in obedience to any order which he was bound to obey.

Shall be deemed to have thereby committed an offence.

(2) * * * *

CHAPTER X
PUBLIC NUISANCE
133.
(1) Whenever a District Magistrate, a Sub-divisional Magistrate or a Magistrate of the first class considers, on receiving a police-report, or other information and on taking such evidence (if any) as he thinks fit,
that any unlawful obstruction or nuisance should be removed from any way, river or channel which is or may be lawfully used by the public, or from any public place, or

that the conduct of any trade or occupation or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated such goods or merchandise should be removed or the keeping thereof regulated, or,

that the construction of any building, or the disposal of any substance, as likely to occasion conflagration or explosion, should be prevented or stopped, or

that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary, or

that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owing, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order,

to remove such obstruction or nuisance ; or

to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation or

to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or

to prevent or stop the erection of, or to remove, repair or support, such building, tent or structure; or

to remove or support such tree; or

to alter the disposal of such substance; or

to fence such tank, well or excavation, as the case may be; or

to destroy, confine or dispose of such dangerous animal in the manner provided in the said order;

or if he objects so to do,

to appear before himself or some other Magistrate of the first or second class, at a time and place to be fixed by the order, and move to have the order set aside or modified in the manner hereinafter provided.

(2) No order duly made by a Magistrate under this section shall be called in question in any civil Court.

Explanation. - A "public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

134.
(1) The order shall, if practicable, be served on the person against whom it is made, in manner herein provided for service of a summons.
(2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the President of the Union may by rule (Note) direct, and a copy thereof shall be stuck up at such place or places as may be fitted for conveying the information to such person.

135.
The person against whom such order is made shall -

(a) perform, within the time and in the manner specified in the order, the act directed thereby; or
(Note) (b) appear in accordance with such order and show cause against the same.

136.
If such person does not perform such act or appear and show cause [* * *] (Note) as required by section 135, he shall be liable to the penalty prescribed in that behalf in section 188 of the Penal Code and the order shall be made absolute.

137.
(1) If he appears and shows cause against the order, the Ma2istrate shall take evidence in the matter as in a summons-case.

(2) If the Magistrate is satisfied that the order is not reasonable and proper,
no further proceedings shall be taken in the case.

(3) If the Magistrate is not so satisfied, the order shall be made absolute.

138.
* * * * (Note)

139.
* * * * (Note)

139A.
(1) Where an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, flyer, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 137 [* * * *] (Note), inquire into the matter

(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter or the existence of such right has been decided by a competent civil Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 137 [* * * *] (Note) as the case may require.

(3) A person who has, on being questioned by the Magistrate under sub- section (1), failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial [* * * *] (Note)

140.
(1) When an order has been made absolute under (section 136 or section 137) (Note), the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Penal Code.

(2) If such act is not performed within the time fixed, the N4auistrate may cause it to be performed. and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other moveable property of such person within or without the local limits of such Magistrate's jurisdiction. If such other property is without such limits, the order shall authorize its attachment and sale when endorsed by the Magistrate within the local limits of whose jurisdiction the property to be attached is found.

(3) No suit shall lie in respect of anything done in good faith under this section.

141.
* * * * (Note)

142.
(1) If a Magistrate making an order under section 133 considers that immediate measures should be taken to prevent Imminent danger or injury of a serious kind to the public, he may [ * * * * ] (Note) issue such an injunction to the person against whom the order was made as is required to oboist or prevent such danger or injury pending the determination of the matter.
(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.

(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.

143.
A District Magistrate or Sub-divisional Magistrate, or any other Magistrate empowered by the President of the Union or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Penal Code or any special or local law.

CHAPTER XI
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR APPREHENDED DANGER
144.
(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate, or of any other Magistrate (not being a Magistrate of the third class) specially empowered by the President of the Union or the District Magistrate to act under this section, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable.
Such Magistrate may, by a written order stating the material facts of the case and served in manner provided by section 124, direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, or danger to human life, health or safety. or a disturbance of the public tranquillity, or a riot, or an affray.

(2) An order under this section may. in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex-parte.

(3) An order under this section may be directed to a particular individual, or to the public generally ( * * * * ) (Note)

(4) Any Magistrate may, eighter on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him, or by his predecessor in office.

(5) Where such an application is received, the Magistrate shall afford to the applicant an early opportunity of appearing before him either in person or by pleader and showing cause against the order and, if the Magistrate rejects the application wholly or in part, he. shall record in writing his reasons for so doing.

(6) No order under this section shall remain in force for more than two months from the making thereof, unless, in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the President of the Union, by notification in the Gazette, otherwise directs.

CHAPTER XII
DISPUTES AS TO IMMOVEABLE PROPERTY
145.
(1) Whenever a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class is satisfied from a police-report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of his jurisdiction, he shall make an order in writing. stating the ground of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, within a time to be fixed by such Magistrate, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

(2) For the purposes of this section the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.

(3) A copy of the order shall be served in manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.

(4) The Magistrate shall then, without reference to the merits or the claims of any of such parties to a right to possees the subject of dispute peruse the statements so put in, hear the parties, received all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence (if any) as he thinks necessary, and, if possible, decide whether any and which of the parties was at the date of the order before mentioned in such possession of the said subject:

Provided that, if it appears to the Magistrate that any party has within two months next before the date of such order been forcibly and wrongfully dispossessed, he may treat the party so dispossessed as if he had been in possession at such date:

Provided also that, if the Magistrate considers the case one or emergency, he may at any time attach the subject of dispute pending his decision under this section.

(5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final.

(6) If the Magistrate decides that one of the parties was or should under the first proviso to sub-section (4) be treated as being in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted there from in due course of law, and forbidding all disturbance of such possession until such eviction and when he proceeds under the first proviso to subsection (4) may restore to possession the party forcibly and wrongfully dispossessed.

(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purpose of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto.

(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property or the sale proceeds thereof, he thinks fit.

(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.

(10) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 107.

146.
(1) If the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent Court has determined the rights of the parties thereto, or the person entitled to possession thereof:
Provided that the District Magistrate or the Magistrate who has attached the subject of dispute may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute.

(2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit and if no receiver of the property, the subject of dispute, had been appointed by any civil Court, appoint a receiver thereof, who, subject to the control of the Magistrate, shall have all the powers of a receiver appointed under the Code of Civil Procedure:

Provided that, in the event of a receiver of the property, the subject of dispute, being subsequently appointed by any civil Court possession shall be made over to him by the receiver appointed by the Magistrate, who shall thereupon be' discharged.

147.
(1,) Whenever any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class is satisfied from a police-report or other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water as explained in section 145, sub-section (2) (whether such right be claimed as an easement or other wise), within the local limits of his jurisdiction, he shall make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend the Court in person or by pleader within a time to be fixed by such Magistrate and to put in written statements of their respective claims, and shall thereafter inquire into the matter in the manner provided in section 145, and the provisions of that section shall, as far as may be, be applicable in the case of such inquiry.

(2) If it appears to such Magistrate that such right exists, he shall make order prohibiting any interference with the exercise of such right

Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three month next before the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such institution.

(3) If it appears to such Magistrate that such right does not exist, he shall make an order prohibiting any exercise of the alleged right.

(4) An order under this section shall be subject to any subsequent decision of a civil Court of competent jurisdiction.

148.
(1) Whenever a local inquiry is necessary for the purposes of this Chapter, any District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.

(2) The report of the person so deputed may be read as evidence in the case.

(3) When any costs have been incurred by any party to a proceeding under this Chapter the Magistrate passing a decision under section 145, section 146 or section 147 may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion. Such costs may include any expenses incurred in respect of witnesses, and of pleaders' fees, which the Court may consider reasonable.

CHAPTER XIII
PREVENTIVE ACTION OF THE POLICE
149.
Every police-officer may interpose for the purpose of preventing, and shall, to the best of his ability prevent the commission of any cognizable offence,

150.
(Note) Every police-officer receiving information of a design to commit any cognizable offence shall communicate such information to the nearest police officer to whom he is subordinate.

151.
A police-officer knowing of a design to commit any cognizable of-'fence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.

152.
(Note) A police-officer may of his own authority interpose for the purpose of preventing and shall, to the best of his ability, prevent any injury attempted to be committed in his view to any public property, moveable or un moveable or the removal or injury of any public landmark or buoy or other mark used for navigation.

153.
(1) Any officer in charge of a police-station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that three are in such place any weights, measures or instruments for weighing which are false.
(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

PART V
INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIV

154.
Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police-station, shall be reduced to writing by him or under his direction, and be read over to the informant; and' every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered' in a book to be kept by such officer in such form as the President of the Union may prescribe in this behalf.

155.
(1) When information is given to an officer in charge of a police-station of the commission within the limits of such station of a non-cognizable offence, he shall enter in a book to be kept as aforesaid the substance of such information and refer the informant to the Magistrate.

(2) No police-officer shall investigate a non-cognizable case without the order of a Magistrate of the first or second class having power to try such case or commit the same for trial.

(3) Any police-officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police-station may exercise in a cognizable case.

156.
(1) Any officer in charge of police-station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial.
(2) No proceeding of a police-officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.

157.
(1) If, from information received or otherwise, an officer in charge of police-station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report, and shall proceed in person, or shall depute one of his subordinate officers, not being below such rank as the President of the Union may, by general or special order, prescribe in this behalf to proceed to the spot to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:
Provided as follows : -

(a) when any information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police-station need not proceed in person or depute a subordinate officer to make an investigation on the spot;

(b) if it appear to the officer in charge of a police-station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge of the police-station shall state in his said report his reasons for not fully complying with the requirements of that sub-section, and, in the case mentioned in clause (b), such officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the President of the Union, the fact that he will not investigate the case or cause it to be investigated.

158.
(1) Every report sent to a Magistrate under section 157 shall, if the President of the Union so directs, be submitted through such superior officer of police as the President of the Union, by general or special order, appoints in that behalf.
(2) Such superior officer may give such instructions to the officer in charge of the police-station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

159.
Such Magistrate, on receiving such report, may direct an investigation or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in manner provided in this Code.

160.
Any police-officer making an investigation under this Chapter may; by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the circumstances of the case; and such person shall attend as so required.

161.
(1) any police-officer making an investigation under this Chapter, or any police-officer not below such rank as the President of the Union may, by general or special order, prescribe in this behalf acting on the requistion of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2) Such person shall be bound to answer all question relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

162.
(Note) (1) No statement made by any person to a police-officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the person making it, nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used as evidence (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:

Provided that when any witness, whose statement has been reduced into writing as aforesaid, is called either for the prosecution or for the defence in such inquiry or trial, any part of such statement, if duly proved, may be used either by the defence or by the prosecution, as the case may be, for the purpose of contradicting such witness in the manner provided by section 145 of the Evidence Act, or for the purpose of impeaching the credit of such witness in the manner provided by section 155 of the Evidence Act: and when any part of such statement is so used any part thereof may also be used in the re-examination or such witness for the purpose only of explaining any matter referred to in the cross-examination.

(2) When any such statement as aforesaid has been reduced into writing the Court shall, on the request of the accused, direct that the accused be furnished with a copy thereof:

Provided that if the Court is of opinion that any part of such statement is not relevant to the subject-matter of the inquiry or trial, or that its disclosure to the accused is not essential in the interest of justice and is also inexpedient in the public interest, it shall record such opinion (but not the reason there for) and shall exclude such part from the copy of the statement furnished to the accused.

(3) Nothing in this section shall be deemed to apply to any statement falling within the provisions of section 27 or of clause (1) of section 32 of the Evidence Act.

163.
(1) No police-officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in the Evidence Act, section 24.
(2) But no police-officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will.

164.
(1) Any Magistrate of the first class and any Magistrate of the second class specially empowered in this behalf by the President of the Union may, if he is not a police-officer, record any statement or confession made to him in the course of an investigation under this Chapter or at any true after wards before the commencement of the inquiry or tired.

(2) Such statements shall be recorded in such of the manners hereinafter prescribed for recording evidence as is in his opinion best fitted for the circum stances of the case. Such confessions shall be recoded and signed in the manner provided in section 364, and such statements or confessions shall then be forwarded to the Magistrate by whom the case is to be inquried into or tried.

(3) A Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him, and no Magistrate shall record any such confession unless, upon questioning the person making it, he has reason to believe that it was made voluntarily and, when he records any confession, he shall make a memorandum at the foot of such record to the following effect.

"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.

(Signed) A.B.,
Magistrate.
Explanation.-It is not necessary that Magistrate receiving and recording a confession or statement should be a Magistrate having jurisdiction in the case.

165.
(Note) (1) Whenever an officer in charge of a police-station or a police-officer making an investigation considers that anything necessary for the purposes of an investigation into any offence which he is authorized to investigate may be found in any place within the limits of the police-station of which he is in charge or to which he is attached, and there is reason to believe that a person to whom a summons or order under section 94 has been or might be issued will not or would not produce such thing according to the directions of the summons or order, or when such thing is not known to be in the possession of any person such officer may search, or cause search to be made for the same in any place within the limits of such police-station.
(2) Such officer shall, if practicable, conduct the search in person but if he is unable to conduct the search in person, he may require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched and, so far as possible, the thing for which search is to be made, and such subordinate officer shall thereupon search for such thing in such place.

(3) The provisions of this Code as to search-warrants and the general provisions as to searches contained in sections 102 and 103 shall, so far as may be; apply to a search made under this section.

166.
(1) An officer in charge of a police-station or a police-officer [ * * * ] (Note) making an investigation may require an officer in charge of another police-station, whether in the same or a different district, to cause a search to be made in any place, iii any case in which the former officer might cause such search to be made within the limits of his own station.

(2) Such officer, on being so required, shall proceed according to the provisions of seciton 165 and shall forward the thing found, if any, to the officer at whose request the search was made.

(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police-station to cause a search to be made under sub-section (1) might result in evidence of the commission or an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police-station or a police-officer making an investigation under this Chapter to search, or cause to be searched, any place in the limits of another police-station, in accordance with the provisions of section 165, as if such place were within the limits of his own station.

(4) Any officer conducting a search under sub-section (3) shall end notice of the search to officer in charge of the police-station within the limits of which such place is situate, and shall also send with such notice a copy the list (if any) prepared under section 103 [ * * * ] (Note)

(5) * * * *

167.
(1) Whenever any person is arrested and detained in custody, and if appears that the investigation cannot be completed within the period of twenty four hours fixed by section 61, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police-station or the police-officer making the investigation ( * * * ) (Note) shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
(Note) (2) The Magistrate to whom the accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to me authorize the detention of the accused in such custody as such Magistrate thinks fit. But the detention of such person shall not exceed in the whole 30 days where a person is accused of an offence punishable with rigorous imprisonment for a term of not less than seven years, and where a person is accused of an offence punishable with rigorous imprisonment for a term of less than seven years, the detention of such person shall not exceed 15 days in the whole. If such Magistrate has not jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:

Provided that no Magistrate of the third class, shall authorize detention in the custody of the police

(3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing.

(4) If such order is given by a Magistrate other than the District Magistrate or Subdivisional Magistrate, he shall forward a copy of his order, with his reasons for making it, to the Magistrate to whom he is immediately subordinate.

168.
When any subordinate police-officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police-station.

169.
If, upon an investigation under this Chapter, it appears to the officer in charge of the police-station or to the police-officer making the investigation the there is not sufficient evidence or reasonable ground of suspicion to justify forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate when, powered to take cognizance of the offence on a police-report and to try the accused or commit him for trial.

170.
(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police-station or [the police-officer making the investigation] (Note) that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.

(2) When the officer in charge of a police-station or [the police-officer making the investigation] (Note) forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the circumstances of the case as he may think necessary to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused.

(3) If the Court of the District Magistrate or Sub divisional Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons.

(4) * * * * *

(5) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report.

171.
No complainant or witness on his way to the Court of the Magistrate shall be required to accompany a police-officer,
or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:

Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the officer in charge of the police-station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

172.
(1) Every police-officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation.

(2) Any criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court but, if they are used by the police-officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police-officer, the provisions of the Evidence Act, section 161 or section 145, as the case may be, shall apply.

173.
(1) Every investigation under this Chapter shall be completed without unnecessary delay, and, as soon as it is completed, the officer in charge of the police-station shall -

(a) forward to a Magistrate empowered to take congnizance of the offence on a police-report a report, in the form prescribed by the President of the Union, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case, and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond, and, if so, whether with or without sureties, and

(b) communicate, in such manner as may be prescribed by the President of the Union, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given.

(2) Where a superior officer of police has been appointed under section 158, the report shall, in any cases in which the President of the Union by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police-station to make further investigation.

(3) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.

(Note) (4) * * * *

174.
(1) The officer in charge of a police-station or some other police-officer specially empowered by the President of the Union in that behalf, on receiving information that a person

(a) has committed suicide, or

(b) has been killed by another, or by an animal, or by machinery, or by an accident, or

(c) has died under circumstances raising a reasonable suspicion that some other person has committed an offence,

shall immediately give intimation thereof to the nearest Magistrate empowered to hold inquests, and [ * * * ] (Note) shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more [ * * * * ] (note) inhabitants of the neighbourhood, shall make an investigation and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.

(2) The report shall be sired by such police-officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Subdivisional Magistrate.

(3) When there is any doubt regarding the cause of death, or when for any other reason the police officer considers it expedient so to do, he shall, subject to such rules as the President of the Union may prescribe in this behalf forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the President of the Union, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless

(4) * * * *

(5) The following Magistrates are empowered to hold inquests, namely any District Magistrate, Sub-divisional Magistrate or Magistrate of the first Class and any Magistrate especially empowered in this behalf by the President of the Union or the District Magistrate.

175.
(1) A police-officer proceeding under section 174 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case. Every person so summoned shall be bound to attend and to answer inquiry all questions other than questions the answers to which would have a tendency to expose him to a criminal charge, or to a penalty or forfeiture.
(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police-officer to attend a Magistrate's Court

176.
(Note) (1) When any person dies while in the custody of the police, and, unless a first information report has been recorded under the provisions of section 154, in any other case mentioned in clauses (a), (b) and (c) of subsection (1) of section 174, the nearest Magistrate empowered to hold inquests shall hold an inquiry into the cause of death, in addition to the investigation held by the police-officer, and in conducting such inquiry he shall have all the powers which he would have in holding an inquiry into an offence. The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in the manner hereinafter prescribed for summons cases, and shall come to a finding as to the cause of death.
(2) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.

PART VI
Proceeding in Prosecutions

CHAPTER XV
OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

A. - Place of Inquiry or Trial

177.
Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed.

178.
Not-withstanding anything contained in section 177, the President of the Union may direct that any cases or class of cases committed for trial in any district may be tried in any sessions division:
Provided that such direction is not repugnant to any direction previously
issued by the High Court [* * *] (Note) under this Code, section 526.

179.
When a person is accused of the commission of any offence by reason of anything which has been done, and of any consequence which has ensued, such offence may be inquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done, or any such consequence has ensued,

Illustrations
(a) A is wounded within the local limits of the jurisdiction of Court X, and dies within the local limits of the jurisdiction of Court 7. The offence of the culpable homicide of A may be in queried into or tried by X or Z.

(b) A is wounded within the local limits of the jurisdiction of Court X, and is during ten days within the local limits of the jurisdiction of Court Y, and during ten days more within the local limits of the jurisdiction of Court Z, unable in the local limits of the jurisdiction of either Court Y or Court Z to follow his ordinary pursuits. The offence of causing grievous hurt to A may be inquired into or tried by X. Y or Z.

(c) A is put in fear of injury within the local limits of the Jurisdiction of Court X. hereby induced, within the local limits of the jurisdiction of Court Y. to deliver property to the person who put him in fear. The offence of extortion committed on A may be inquired into or tried either by X or Y.

180.
When an act is an offence by reason of its relation to any other which is also an offence, or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquiry into or tried by a Court within the local limits of whose jurisdiction either act was done.
Illustration

(a) A charge of abetment may be inquired into or tried either by the Court within the local limits of whose jurisdiction the abetment was committed, or by the Court within the local. limits of whose jurisdiction the offence abetted was committed

(b) A charge of receiving or retaining stolen goods may be inquired into or tried either by he Court within the local limits of whose jurisdiction the goods were stolen or by any Court within he local limits of whose jurisdiction any of them were at any time dishonestly received or retained.

(c) A charge of wrongfully concealing a person known to have been kidnapped may be inquired into or tried by the Court within the local limits of whose jurisdiction the wrongful concealing or by the Court within the local limits of whose jurisdiction the kidnapping, took place.

181.
(1) The offence of being a thug, of being a thug and committing murder, of dacoit, with murder, of having belonged to a gang of dacoits, or of having escaped from custody, may be inquired into or tried by a Court within the local limits of whose jurisdiction the person charged is.
(2) The office of criminal misappropriation or of criminal breach of trust nay be inquired into or tried by a Court within the local limits of whose jurisdiction any part of the property which is the subject of the offence was received or retained by the accused person, or the offence was committed.

(3) The offence of theft, or any offence which includes theft or the possession of stolen property, may be inquired into or tried by a Court within the local Limits of whose jurisdiction such offence was committed or the property stolen was possessed by the thief or by any person who received or retained the same knowing or having reason to believe it to be stolen.

(4) The offence of kidnapping or abduction may be inquired into or tried by a Court within the local limits of whose jurisdiction the person kidnapped or abducted was kidnapped or abducted or was conveyed or concealed or detained.

182.
When it is uncertain in which of several local areas an offence was committed, or where an offence is committed partly in one local area and partly in another, where an offence is a continuing one, and continues to be committed in more Local areas than one, or
where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

183.
An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a Court through or into the local limits of whose jurisdiction the offender, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey or voyage.

184.
* * * *

185.
(1) Whenever a question arise as to which of two or more Court subordinate to the High Court ought to inquire into or try any offence, it shall be decided by the High Court.

(2) * * * *

186.
(1) When a District Magistrate, a Sub divisional Magistrate, or, if he is specially empowered in this behalf by the President of the Union, a Magistrate of the first class, sees reason to believe that any person within the local limits of his jurisdiction has committed without such limits (whether within or without the Union of Myanmar) an offence which cannot, under the provisions of sections 177 to 184 (both inclusive), or any other law for the time being in force, be inquired Into or tried within such local limits, but is under some law for the time being in force triable in the Union of Myanmar, such Magistrate may inquire into the offence as if it had been committed within such local limits, and compel such person in manner herein-before provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or if such offence is bailable, take a bond with or without sureties for his appearance before such Magistrate.
(2) When there are more Magistrate than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported7for the orders of the High Court.

187.
(1) If the person has been arrested under a warrant issued under section 186 by a Magistrate other than a District Magistrate, such Magistrate shall send the person arrested to the District or Sub divisional Magistrate to whom he is subordinate, unless the Magistrate having jurisdiction to inquire into or try such offence issues his warrant for the arrest of such person, in which case the person arrested shall be delivered to the police-officer executing such warrant or shall be sent to the Magistrate by whom such warrant was issued.
(2) Ifthe offence which the person arrested is alleged or suspected to have committed is one which may be inquired into or tried by any criminal Court in that same district other than that of the Magistrate acting under section 186, such Magistrate shall send such person to such Court.

188.
(Note) When a citizen of the Union commits an offence at any place without and beyond the limits of the Union of Myanmar, he may be dealt with in respect of such offence as if it had been committed at any place within the Union of Myanmar, at Which he may be found:
* * * *

Provided that any proceedings taken against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence had been committed in the Union of Myanmar shall be a bar to further proceedings against him under the Myanmar extradition Act in respect of the same offence in any territory beyond the limits of the Union of Myanmar.

189.
Whenever any such offence as is referred to in section 188 is being inquired into or tried, the President of the Union may, if he thinks fit, direct that copies of depositions made or exhibits produced before [ * * * * ] (Note) a judicial officer in or for the territory in which such offence is alleged to have been committed shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.

B. - Conditions requisite for Initiation of Proceedings
190.
(1) Except as hereinafter provided, any District Magistrate or Sub-divisional Magistrate, and any other Magistrate specially empowered in this behalf may take cognizance of any offence -

(a) upon receiving a complaint of facts which constitute such offence,

(b) upon a report in writing of such facts made by any police-officer;

(c) upon information received from any person other than a police-officer, or upon his own knowledge or suspicion, that such offence has been committed.

(2) The President of the Union, or the District Magistrate subject to the general or special orders of the President of the Union, may empower any Magistrate to take cognizance under sub-section (1), clause (a) or clause (b) of offences for which he may try or commit for trial.

(3) The President of the Union may empower any Magistrate of the first or second class to take cognizance under sub-section (1), clause (c), of offences for which he may try or commit for trial.

191.
When a Magistrate takes cognizance of an offence under sub-section (1), clause (c), of the preceding section, the accused shall, before any evidence is taken, be informed that he is entitled to have the case tried by another Court, arid if the accused, or any of the accused if there be more than one, objects to being tried by such Magistrate, the case shall, instead of being tried by such Magistrate be committed to the Court of Session or transferred to another Magistrate.

192.
(1) Any District Magistrate or Sub-divisional Magistrate may transfer any case, of which he has taken cognizance, for inquiry or trial, to any Magistrate subordinate to him.

(2) Any District Magistrate may empower any Magistrate of the first class who has taken cognizance of any case to transfer it for inquiry or trial to any other specified Magistrate in his district who is competent under this Code to try the accused or commit him for trial ; and such Magistrate may dispose of the case accordingly.

193.
(1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the accused has been committed to it by a Magistrate duly empowered in that behalf

(2) Additional Sessions Judges and Assistant Sessions Judges shall try such cases only as the President of the Union, by general or special Order, may direct them to try, or as the Sessions Judge of the division, by general or special order, may make over to them for trial.

194.
(1) The High Court may take cognizance of any offence upon a commitment made to it in manner hereinafter provided.

Nothing herein contained shall be deemed to affect the provisions of any [law for the time being in force] (Note) or any other provision of this Code.

(2) (a) Notwistanding anything in this Code contained, the Attorney-General may, with the previous sanction of the President of the Union, exhibit to the High court, against person subject to the jurisdiction of the High Court, information for all purposes for which His Majesty's Attorney-General may exhibit information on behalf of the Crown in the High Court of Justice in England.

(b) Such proceedings may be taken upon every such information as lawfully be taken in the case of similar information filed by His Britannic Majesty's Attorney-General so far as the circumstances of the case and the practice procedure of the said High Court will admit.

(c) All fines, penalties, forfeitures, debts and sums of money recovered levied under or by virtue of any such information shall belong to the [State] (Note)

(d) The High Court may make rules for carrying into effect the provisions of this section.

195.
(1) No Court shall take cognizance -

(a) of any offence punishable under sections 172 to 188 of the Penal C ode, except on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate ; or

(b) of any offence punishable under any. of the following sections of the same Code, namely, sections 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, except on the complaint in writing of such Court or of some other Court to which such Court is subordinate or

(c) of any offence described in section 463 or punishable under section 471. section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given m evidence in such proceeding, except on the complaint in writing of such Court, or of some other Court to which such Court is subordinate.

(2) In clauses (b) and (c) of sub-section (1) the term "Court" includes a civil, revenue or criminal Court, but does not include a Registrar or Sub-Registrar under the Registration Act.

(3) For the purposes of this section, a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appeal able decrees sentences of such former Court, or in the case of a civil Court from whose decrees no appeal ordinarily lies to the principal Court having ordinary original civil jurisdiction within the local limits of whose jurisdiction such civil Court is situate

Provided that -

(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate; and

(b) where appeals lie to a civil and also to a revenue Court, such Court shall be deemed to be subordinate to the civil or revenue Court., according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.

(4) The provisions of sub-section (1), with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abetment of such offences, and attempts to commit them.

(5) Where a complaint has been made under sub-section (1), clause (a), by a public servant, any authority to which such public servant is subordinate may order the withdrawal of the complaint and, if it does so, it shall forward a copy of such order to the Court and. upon receipt thereof by the Court, no further proceedings shall be taken on the complaint.

196.
(Note) No Court shall take cognizance o