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THE MYANMAR PASSPORT ACT.

Posted by an@w on 6:36 AM in
[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.

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Burma Citizenship Law

Posted by an@w on 6:27 AM in
Chapter I - Title and Definition
1.

This Law shall be called the Burma citizenship Law.
2.

The expressions contained in this Law shall have the following meanings:

(a) "State" means the Socialist Republic of the Union of Burma;

(b) "Citizen" means a Burma citizen;

(c) "Associate Citizen" means an associate citizen prescribed by this Law;

(d) "Naturalized Citizen" means a prescribed by this Law;

(e) "Foreigner" means a person who is not a citizen or an associate citizen or a naturalized citizen;

(f) "Certificate of citizenship" means a certificate of citizenship granted under the Union Citizenship (Election) Act, 1948 or the Union Citizenship Act, 1948 or this Law;

(g) "Certificate of Associate Citizenship" means a certificate of associate citizenship granted under this Law;

(h) "Certificate of Naturalized Citizenship" means a certificate of naturalized citizenship granted under this Law;

(i) "Central Body established under this Law.
Chapter II - Citizenship
3.

Nationals such as the Kachin, Kayah, Karen, Chin, Burman, Mon, Rakhine or Shan and ethnic groups as have settled in any of the territories included within the State as their permanent home from a period anterior to 1185 B.E., 1823 A.D. are Burma citizens.
4.

The Council of State may decide whether any ethnic group is national or not.
5.

Every national and every person born of parents, both of whom are nationals are citizens by birth.
6.

A person who is already a citizen on the date this Law cones into force is a citizen. Action, however shall be taken under section 18 for infringement of the provision of that section.
7.

The following persons born in or outside the State are also citizens:

(a) persons born of parents, both of whom are citizens;

(b) persons born of parents, one of whom is a citizen and the other an associate citizen;

(c) persons born of parents, one of whom and the other a naturalized citizen;

(d) persons born of parents one of whom is

(i) a citizen; or

(ii) an associate citizen; or

(iii) a naturalized citizen;

and the other is born of parents, both of whom are associate citizens;

(e) persons born of parents, one of whom is

(i) a citizen; or

(ii) an associate citizen; or

(iii) a naturalized citizen;

and the other is born of parents, both of whom are naturalized citizens;

(f) persons born of parents one of whom is

(i) a citizen; or

(ii) an associate citizen; or

(iii) a naturalized citizen;

and the other is born of parents, one of whom is an associate citizen and the other a naturalized citizen.
8.

(a) The Council of State may, in the interest of the State confer on any person citizenship or associate citizenship or naturalized citizenship.

(b) The Council of State may, in the interest of the State revoke the citizenship or associate citizenship or naturalized citizenship of any person except a citizen by birth.
9.

A person born in the State shall have his birth registered either by the parent or guardian in the prescribed manner, within year from the date he completes the age of ten years, at the organizations prescribed by the ministry of Home Affairs

Proviso. If registration is not possible within one year from the date he completes the age of ten years, application may be made by the parent or guardian, furnishing sufficient reasons to the organizations prescribed by the Ministry of Home Affairs.
10.

A person born outside the State shall have his birth registered either by the parent or guardian in the proscribed manner within one year from the date of birth at the Burmese Embassy or Consulate or organizations prescribed by the Ministry of Home Affairs.

Proviso. If registration is not possible within one year from the date of birth, application may be made by the parent or guardian, furnishing sufficient reasons to the Central Body through the Burmese Embassy or Consulate or organizations prescribed by the Ministry of Home Affairs.
11.

(a) A parent or guardian who fails to comply with section 9 or section 10 shall be liable to pay a penalty of kyats fifty per year to the Burmese Embassy or Consulate or an organization prescribed by the Ministry of Home Affairs.

(b) A parent or guardian who fails for five years in succession to comply with section 9 or section 10 shall be liable to a penalty of kyats one thousand.
12.

A citizen shall

(a)respect and abide by the laws of the State;

(b)discharge the duties prescribed by the laws of the State

(c)be entitled to enjoy the rights prescribed by the laws of the State.
13.

A citizen shall not as well acquire the citizenship of another country.
14.

A citizen shall have no right to divest himself of his citizenship during any war in which the State is engaged.
15.

(a) A citizen shall not automatically lose his citizenship merely by marriage to a foreigner.

(b) A foreigner shall not automatically acquire citizenship merely by marriage to a citizen.
16.

A citizen who leaves the State permanently, or who acquires the citizenship of or registers himself as a citizen of another country, or who takes out a passport or a similar certificate of another country ceases to be a citizen.
17.

The citizenship of a citizen by birth shall in no case be revoked except in the case of cessation of citizenship due to infringement of the provision of section 16.
18.

A citizen who has acquired citizenship by making a false representation or by concealment shall have his citizenship revoked, and shall also be liable to imprisonment for a term of ton years and to a fine of kyats fifty thousand.
19.

A citizen who has committed abetment of obtaining, in a fraudulent manner, a certificate of citizenship or a certificate of associate citizenship or a certificate of naturalized citizenship for another person shall be liable to imprisonment for a term of seven years and to a fine of kyats ten thousand.
20.

(a) The certificate of citizenship of a person whose citizenship has ceased or has been revoked shall be cancelled. A person holding such a cancelled certificate shall surrender it in the manner prescribed by the Ministry of Home Affairs.

(b) Failure to surrender a cancelled certificate of citizenship or continued use of it or transfer of it in a fraudulent manner to another person shall entail imprisonment for a term of ten years and a fine of kyats twenty thousand.

(c) Whoever holds and uses a cancelled certificate of citizenship or the certificate of a deceased citizen shall be liable to imprisonment for a term of ten years and to a fine of kyats twenty thousand.
21.

Whoever forges a certificate of citizenship or abets such act shall be liable to imprisonment for a term of fifteen years to a fine of kyats fifty thousand.
22.

A person whose citizenship has ceased or has been revoked shall have no right to apply again for citizenship or associate citizenship or naturalized citizenship.
Chapter III - Associate Citizenship
23.

Applicants for citizenship under the Union Citizenship Act, 1948, conforming to the stipulations and qualifications may be determined as associate citizens by the Central Body.
24.

A person who has been determined is an associate citizen by the Central Body shall appear in person before an organization prescribed by the Ministry of Home Affairs, and shall make an affirmation in writing that he owes allegiance to the State, that, he will respect and abide by the laws of the State and that he is aware of the prescribed duties and rights.
25.

The Central Body may include in the certificate of associate citizenship the names of children mentioned in the application. The child whose name is so included is an associate citizen.
26.

The child whose name is included under section 25, and who has completed the age of eighteen years shall make an affirmation in accordance with section 24, along with the parents.
27.

(a)The child whose name is included under section 25 and who has not completed the age of eighteen years shall, within one year from the date he completes the age of eighteen years appear in person before an organization prescribed by the Ministry of Home Affairs and make an affirmation in accordance with section 24.

(b)A person who fails to comply with sub-section (a) shall be liable to pay a penalty of kyats fifty per year to an organization prescribed by the Ministry of Home Affairs.
28.

If affirmation is not possible within one year, application may be made, furnishing sufficient reasons to the Central Body, through the organizations prescribed by the Ministry of Home Affairs. If there are no sufficient reasons after the date on which he completes the age of twenty-two years, he shall lose his associate citizenship.
29.

(a) When both the parents, of the children included in their certificate of associate of associate citizenship, lose their associate citizenship, the child who has not completed the age of eighteen years, and the child who has completed the age of eighteen years, but has not made an affirmation cease to be associate citizens.

(b) Where one of the parents, of the children included in the certificate hold by her or him, is an associate citizen and the other a foreigner, and if the mother or father who is an associate citizen loses her or his associate citizenship the child who has not completed the age of eighteen years, and the child who has completed the age of eighteen years, but has not made an affirmation cease to be associate citizens.
30.

An associate citizen shall

(a) respect and abide by the laws of the State;

(b) discharge the duties prescribed by the laws of the State;

(c) be entitled to enjoy the rights of a citizen under the laws of the State, with the exception of the rights stipulated from time to time by, the Council of State.
31.

An associate citizen shall not as well acquire the citizenship of another country.
32.

An associate citizen shall have no right to divest himself of his associate citizenship during any war in which the State is engaged.
33.

An associate citizen shall not automatically acquire citizenship merely by marriage to a citizen.
34.

An associate citizen who leaves the State permanently or, who acquires the citizenship of or registers himself as a citizen of another country, or who takes out a passport or a similar certificate of another country ceases to be an associate citizen.
35.

The Central Body may revoke the associate citizenship of a person if he infringes any of the following provisions:

(a) trading or communicating with enemy countries or with countries assisting the enemy country, or with citizens or organizations of such countries during a war in which the State is engaged or abetting such an act;

(b) trading or communicating with an organization or with a member of such organization which is hostile to the State, or abetting such an act;

(c) committing an act likely to endanger the sovereignty and security of the State or public peace and tranquillity or giving rise to the reasonable belief that he is about to commit such an act;

(d) showing disaffection or disloyalty to the State by any act or speech or otherwise;

(e) giving information relating to a state secret to any person, or to any organization, or to any other country or countries,, or abetting such an act;

(f) committing an offence involving moral turpitude for which he has been sentenced to imprisonment for a minimum term of one year or to a minimum fine of kyats one thousand.
36.

An associate citizen who has acquired such citizenship by making a false representation or by concealment shall have his associate citizenship revoked, and shall also be liable to imprisonment for a term of ten years and to a fine of kyats fifty thousand.
37.

An associate citizen who has committed abetment of obtaining in a fraudulent manners a certificate of citizenship or a certificate of associate citizenship or a certificate of naturalized citizenship for another person shall have his associate citizenship revoked; and shall also be liable to imprisonment for a term of seven years and to a fine of kyats ton thousand.
38.

An associate citizen who has personal knowledge of an offence committed by any person under section 36 or section 37, or as an accomplice who has committed such an act, discloses or admits the offence before organizations prescribed by the Ministry of Home Affairs within one year from the date this Law comes into force, or within one year from the date of commission of the offence shall be exempted from the penal provisions relating to such offence.
39.

(a) The certificate of associate citizenship of a person whose associate citizenship has ceased or has been revoked shall be cancelled. A person holding such a cancelled certificate shall surrender it in the manner prescribed by the Ministry of Home Affairs.

(b) Failure to surrender a cancelled certificate of associate citizenship or continued use of it or transfer of it in a fraudulent manner to another person shall entail imprisonment for a term of ten years and a fine of kyats twenty thousand.

(c) Whoever holds and uses a cancelled certificate of associate citizenship or the certificate of a deceased associate citizen shall be liable to imprisonment for a term of ten years and to a fine of kyats twenty thousand.
40.

Whoever forges a certificate of associate citizenship or abets such act shall be liable to imprisonment for a term of fifteen years and to a fine of kyats fifty thousand.
41.

A person whose associate citizenship has ceased or has been revoked shall have no right to apply again for associate citizenship or naturalized citizenship.
Chapter IV - Naturalized Citizenship
42.

Persons who have entered and resided in the State anterior to 4th January, 1948, and their offsprings born Within the State may, if they have not yet applied under the union Citizenship Act, 1948, apply for naturalized citizenship to the Central Body, furnishing conclusive evidence.
43.

The following persons born in or outside the State from the date this Law comes into force may also apply for naturalized citizenship:

(a) persons born of Parents one of whom is a citizen and the other a foreigner;

(b) persons barn of parents, one of whom is an associate citizen and the other a naturalized citizen;

(c) persons born of parents one of whom is an associate citizen and the other a foreigner;

(d) persons born of parents, both of whom are naturalized citizens;

(e) persons born of parents, one of whom is a naturalized citizen and the other a foreigner.
44.

An applicant for naturalized citizenship shall have the following qualifications:

(a) be a person who conforms to the provisions of section 42 or section 43;

(b) have completed the age of eighteen years;

(c) be able to speak well one of the national languages;

(d) be of good character;

(e) be of sound mind.
45.

A person married to a citizen or to an associate citizen or to a naturalized citizen, who is holding a Foreigner's Registration Certificate anterior to the date this Law comes into force shall have the following qualifications to apply for naturalized citizenship:

(a) have completed the age of eighteen years;

(b) be of good character;

(c) be of sound mind;

(d) be the only husband or wife;

(e) have resided continuously in the State for at least three years is the lawful wife or husband.
46.

(a) A person who has been determined as a naturalized citizen by the Central Body shall appear in person before an organization prescribed by the Ministry of Home Affairs, and shall make an affirmation in writing that he owes allegiance to the State, that he will respect and abide by the laws of the State and that he is aware of the prescribed duties and rights.

(b) A person who has been determined as a naturalized citizen by the Central Body and holding a Foreigner's Registration Certificate shall appear in person before an organization prescribed by the Ministry of Home Affairs, and shall make an affirmation in writing that he renounces his foreign citizenship, that he owes allegiance to the State, that ha will respect and abide by the laws of the State and that he is aware of the prescribed duties and rights.
47.

The Central Body may include in the certificate of naturalized citizenship the name of a child mentioned in the application. The child whose name is so included is a naturalized citizen.
48.

The child whose name is included under section 47, and who has completed the age of eighteen years shall make an affirmation in accordance with sub-section (a) of section 46, along with the parents.
49.

(a) The child whose name is included under section 47, and who has not completed the age of eighteen years shall, with in one year from the date on which he completes the age of eighteen years appear in person before an organization prescribed by the Ministry of Home Affairs and make an affirmation in accordance with sub-section (a) of section 46.

(b) A person who fails to comply with sub-section (a) shall be liable to pay a penalty of kyats fifty per year to an organization prescribed by the Ministry of Home Affairs.
50.

If affirmation is not possible within one year, application may be made, furnishing sufficient reasons to the Central Body, through the organizations prescribed by the Ministry of Home Affairs. If there are no sufficient reasons after the date on which he completes the age of twenty-two years, he shall lose his naturalized citizenship.
51.

(a) When both the parents, of the children included in their certificate of naturalized citizenship, lose their naturalized citizenship the child who has not completed the age of eighteen years, and the child who has completed the age of eighteen years, but has not made an affirmation cease to be naturalized citizens.

(b) Where one of the parents of the children included in the certificate held by her or him, is a citizen and the other a foreigner, and if the mother or father who is a citizen loses her or his citizenship, the child who has not completed the age of eighteen years and the child who has completed the age of eighteen years, but has not made an affirmation cease to be naturalized citizen.

(c) There one of the parents, of the children included in the certificate hold by her or him, is an associate citizen and the other a foreigner, and if the mother or father who is associate citizen loses her or his associate citizenship, the child who has not completed the age of eighteen years, and the child who has completed the age of eighteen years, but has not made in affirmation cease to be naturalized citizens.

(d) Where one of the parents, of the children included in the certificate held by her or him, is a naturalized citizen and the other a foreigner, and if the mother or father who is a naturalized citizen loses her or his naturalized citizenship, the child who has not completed the age of eighteen years, and the child who has completed the age of eighteen years, but has not made an affirmation cease to be naturalized citizens.
52.

If a person married to a citizen or to an associate citizen or to a naturalized citizen, who is holding a Foreigner's Registration Certificate anterior to the date this Law comes into force applies for naturalized citizenship and the husband or wife of such a person dies or is divorced from such a person before acquiring naturalized citizenship, the application for naturalized citizenship of such a person shall lapse.
53.

A naturalized citizen shall

(a) respect and abide by the laws of the State;

(b) discharge the duties prescribed by the laws of the State;

(c) be entitled to enjoy the rights of a citizen under the laws of the State with the exception of the rights stipulated from time to time by the Council of State.
54.

A naturalized citizen shall not as well acquire the citizenship of another country.
55.

A naturalized citizen shall have no right to divest himself of his naturalized citizenship during any war in which the State is engaged.
56.

A naturalized citizen shall not Automatically acquire citizenship or associate citizenship merely by marriage to a citizen or to an associate citizen.
57.

A naturalized citizen who leaves the State permanently, or who acquires the citizenship of or registers himself as a citizen of another country, or who takes out a passport or a similar certificate of another country ceases to be a naturalized citizen.
58.

The Central Body may revoke the naturalized citizenship of a person if he infringes any of the following provisions:

(a) trading or communicating with enemy countries Or with countries assisting the enemy country, or with citizens or organizations of such countries during a war in which the State is engaged, or abetting such an act;

(b) trading or communicating with an organization or with a member of such organization which is hostile to the State, or abetting such an act;

(c) committing an act likely to endanger the sovereignty and security of the State or Public peace and tranquillity or giving rise to the reasonable belief that he is about to commit such an act;

(d) showing disaffection or disloyalty to the State by any act or speech or otherwise;

(e) giving information relating to a State secret to any person, or to any organization, or to any other country or countries, or abetting such an act;

(f) committing an offence involving moral turpitude for which he has been sentenced to imprisonment for a minimum term of one year or to a minimum fine of kyats one thousand.
59.

A naturalized citizen who has acquired such citizenship by making a false representation or by concealment shall have his naturalized citizenship revoked, and shall also be liable to imprisonment for a term of ten years and to a fine of kyats fifty thousand.
60.

A naturalized citizen who has committed abetment of obtaining in a fraudulent manner, a certificate of citizenship or a certificate of associate citizenship or a certificate of naturalized citizenship for another person shall have his naturalized citizenship revoked, and shall also be liable to imprisonment for a term of seven years and to a fine of kyats ten thousand.
61.

A naturalized citizen who has personal knowledge of an offence committed by any person under section 59 or section 60, or as an accomplice who has committed such an act, discloses or admits the offence before organizations prescribed by the Ministry of Home Affairs within one year from the date this Law comes into force, or within one year from the date of commission of the offence shall be exempted from the penal provisions relating to such offence.
Chapter V - Decision as to Citizenship, Associate Citizenship or Naturalized Citizenship
65.

Any person may apply to the Central Body when it is necessary for a decision as to his citizenship, associate citizenship or naturalized citizenship.
66.

The Central Body shall

(a) permit the applicant the submission of application with supporting evidence;

(b) decide in accordance with law;

(c) inform its decision to the applicant.
Chapter VI - Central Body
67.

The Council of Ministers shall form the Central Body as follows:

(a) Minister Chairman Ministry of Home Affairs

(b) Minister Member Ministry of Defence

(c) Minister Member Ministry of Foreign Affairs
68.

The Central Body has the authority:

(a) to decide if a person is a citizen, or an associate citizen or a naturalized citizen;

(b) to decide upon an application for associate citizenship or naturalized citizenship;

(c) to terminate citizenship or associate citizenship or naturalized citizenship;

(d) to revoke citizenship or associate citizenship or naturalized citizenship;

(e) to decide upon an application regarding failure as to registration or affirmation.
69.

The Central Body shall give the right of defence to a person against whom action is taken
Chapter VII - Appeals
70.

(a) A person dissatisfied with the decision of the Central Body may appeal to the Council of Ministers in accordance with the procedure laid down.

(b) The decision of the Council of Ministers is final.
71.

Organizations conferred with authority under this Law shall give no reasons in matters carried out under this Law.
Chapter VIII - Miscellaneous
72.

Except under any of the provisions of this Law, no foreigner shall have the right to apply for naturalized citizenship from the date this Law comes into force.
73.

A foreigner who is adopted by a citizen or by an associate citizen or by a naturalized citizen shall not acquire citizenship or associate citizenship or naturalized citizenship.
74.

Except on penal matters, all matters relating to this Law shall be decided by the only organizations which are conferred with authority to do so.
75.

The Council of Ministers, shall, for the purpose of carrying out the provisions of this Law, lay down necessary procedures with the approval of the Council of State.
76.

The following Acts are repealed by this Law:

(a) The Union Citizenship (Election) Act, 1948;

(b) The Union Citizenship Act, 1948.

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323-Punishment for voluntarily causing hurt.

Posted by an@w on 6:12 AM in
323. Whoever, except in the case provided for by section 334, voluntarily causes hurt shall be punished with imprison­ment of either description for a term which may extend to one year, or with fine, which may extend to one thousand rupees, or with both

324. Whoever, except in the case provided for by sec­tion 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or shall be punished with imprisonment of either ‘description for a term which may extend to three year, or with fine, which may extend to one thousand rupees, or with both.

325. Whoever, except in the case provided for by sec­tion 335, voluntarily causes grievous hurt shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

326. Whoever, except in the case provided for by sec­tion 335, voluntarily causes grievous hurt by means of any instru­ment for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, by moans of any posion or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or receive into the blood, or by an animals, animals, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also lx liable to fine.

327. Whoever voluntarily causes hurt for the purpose of extorting I7rom the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do any thing which is illegal or which may facilitate the commission of an offence. shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

328. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or un­wholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

329. Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person inter­ested in the sufferer any property or valuable security, or of con­straining the sufferer or any person interested in such sufferer to do anything that is illegal or which may facilitate the commis­sion of an offence, shall be punished with transportation for life, or imprisonment of either description for a term which may ex­tend to ten years, and shall also be liable to fine.

330. Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or any person interested in the sufferer, any confession or an information which may lead to the detection of any offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give informa­tion which may lead to the restoration of any property or valu­able security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also liable to fine.

(a) A , police-officer tortures Z in order to induce Z to confess he committed a crime A is guilty of an offence under this section.

(b) A police-officer tortures B to induce him to point out certain stolen property is deposited, A is guilty of an offence under section.

(c) A , a revenue officer tortures Z in order to compel him to -certain arrers of revenue due from Z. A is guilty of an offence under section.

(d) A , a landlord, tortures a tenant in order to compel him to pay his rent. A is guilty of an offence under this section.

331. Whoever, voluntarily causes grievous hurt for purl pose of extorting from the sufferer, or any person interested in the -~ sufferer, any confession or any information which may lead to the detection of an offence or misconduct or for the purpose of con­straining the sufferer or any person interested in the sufferer to; restore or to cause the restoration of any property or valuable security, or to satisfy any claim of demand, or to give information which may lead to the restoration of any property or valuable se­curity, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

332. Whoever, voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or order that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servants, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

333. Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant3 or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty a~ such public servant, shall be punished with imprisonment of ei­ther description for a term which may extend to ten years, and shall also be liable to fine.

334. Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which extend to one month, or with fine which may extend to five hundred rupees, or with both.

335.- Whoever voluntarily causes grievous hurt on grave and sudden Provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with im­prisonment of either description for a term which may extend four years, or with fine which may extend to two thousand ru­pees, or with both.

Explanation-- The last two section are subject to the same provisos as (Exception 1, section 300)1

336. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

337. Whoever Causes hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

338. Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others shall be punished with im­prisonment of either description for a term which may extend to five years, and shall also be liable to fine.

0

B. - Arrest without Warrant

Posted by an@w on 5:54 AM in ,
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.

0

A. - Arrest generally.

Posted by an@w on 5:52 AM in ,
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.

0

THE CONSTITUTION AMENDMENT ACT, 1951.1

Posted by an@w on 5:40 AM in
[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.

0

THE BURMA IMMIGRATION (EMERGENCY PROVISIONS) ACT.

Posted by an@w on 5:39 AM in
[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.

0

THE IDENTIFICATION OF PRISONERS ACT

Posted by an@w on 5:38 AM in
[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.

0

THE PRISONERS ACT

Posted by an@w on 5:33 AM in
[ 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.

0

The Prisons Act

Posted by an@w on 5:31 AM in
(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.

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