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


1. * * * *

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17. * * * *

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

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

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

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

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

23-24. * * * *

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

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


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

2. In this Act-

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

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

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




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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11. * * * * *

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

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

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

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

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

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

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

19. * * * *

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

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

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

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

24. * * * *

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

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

2. Substituted by Act VIII, 1953.

3. Added by Act VIII, 1953.

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

5. Substituted by ibid.

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

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

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

9. Substituted by the same Order.

[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.

31. The provisions of this Law shall not apply to State-owed Economic Organizations.

32. License holders have the right to form associations relating to their enterprise only by registering in accordance with the Myanmar Companies Act.

33. Offences prosecuted under this Law are prescribed as cognizable offences.

34. During the period in which the Government has not been able to form the Directorate under12, the duties and powers of the said Directorate shall be performed and exercised by the Directorate of Trade.

35. No suit or prosecution shall lie against any public servant for anything, which is done in good faith in pursuance of this Law.

36. For implementing the provisions of this Law, the Ministry concerned-

may with the approval of the Government, issue necessary procedures;
may issue necessary orders and directives.



(Sd.) Saw Maung
Senior General
Chairman
The State Law and Order Restoration Council

26. Whoever violates the provision of section 22 shall, on conviction be punished with imprisonment for a term which may extend to 3 years or with fine which may extend to kyats 30,000 or with both.

27. A license-holder who violates the provision of section 23 shall, on conviction be punished with imprisonment for a term which may extend to 2 years or with fine which may extend to kyats 20,000 or with both.

28. Whoever violates the provision of section 24 shall, on conviction be punished with imprisonment for a term which may extend to 2 years or with fine which may extend to kyats 20,000 or with both.

29. Whoever violates provision of section 25 may, oil conviction be punished with fine which may extend to kyats 10,000.

30. Whoever abets or attempts or conspires in the commission of any offence under this Law shall be punished with the punishment provided for that offence in this Law,

22. No one shall engage in any tourism industry under section 6 or section 7 without a license.

23. A license-holder-

shall not violate any condition contained in the license;

shall not violate any prohibition contained in an order, notification or directive issued from time to time by the Commission or the Directorate.

24. No one shall interfere or obstruct the Inspector in the discharge of his duties.

25. No one shall form an association relating to the tourism industry without registering in accordance with the Myanmar Companies Act.