THE BURMA IMMIGRATION (EMERGENCY PROVISIONS) ACT.

[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.



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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.