THE BURMA CODE

VOLUME IV

Published under the Authority of the Government of the

Union of Bunna.
CORRIGENDA APPENDED
'T.l~'):E;oE"lId)~'): 1O;>')d);;od)02CT,/E 6~u'l"
 M.V.t H
.t. ....
717-A. ...

TABLE OF CONTENTS.

PART VI.-GENERAL ADMINISTRATION

s. s. .,s,sscpa,sots,1s.,..
A. PuBLIC HEALTH.

PAGB
n'foS?
I The Burma Medical Act 1
2. The Burma Medical Degrees Act 9
3. The Midwives and Nurses Act 10
4. The Lunacy Act 14
5. The Births. Deaths and Marriages Registration Act 42
6. The Births. Deaths and Marriages Registration Act. 1943 49
7. The Burma Census Act 52
8. The Vaccination Act ... ... 56
9. The Leprosy Act 69
10. The Epidemic Diseases Act 77
11. The Ghee Adulteration Act 78
12. The Food and Drugs Act 81
13. The f'ood and Drugs (Amendment) Act, 1949 84
14. The Dangerous Drugs Act 85
15. The Opium Act 99
16. The Poisons Act 108
17. The White Phosphorus Matches Act 1 10
18. The Rangoon Development Trust Act 111
19. The Burma Daylight Saving Act t5S
20. o 9 t'b' tro:OO'Jooq')oS'PoQS
21. ::jOClds61:oooSeo ... t
22. :o:>'):o5roo5EGfoo:>')Eood.ieo 0 (i,l
23. :OJ'):<T.f')'roo:>')t8oo ... 0'2J
24 ::B.i') :OO'f>OOoooSeo ...
. 0'29
ii TAllLE OF CONTENTS.

B. EDUCATION

PAOB
O?llmj?
1 The Primary Education Act 18.
2. The Primary Education (Temporary Amendment) Act. 1950 187
3. The University of Rangoon Act '89
4. The Rangoon Zoological Gardens Act 20'
5. The Ancient Monuments Preservation Act 20S
6. The Dramatic PerforlJl8-Qces Act .14
7 The Cinematograph Act 216
8 "i"/"a":>Jt:>:0'l'""",E8..me- ... Joe
9. st1i<>a:>oE~'\1cu5O<j:'P.o'l=oE8~~ JJ?
10. <IjoSijE""l?EI~O:~:OOieo"" . . JJO
II. St!i=E~~:~omoE8:OOieoo, . . J? J
12. ~?E~~..,~EccOOSo\'201""''''tC~''~oooSeo'''' .... In
C. AGRICULTURE.

o' ~."'I"
1. The Land Improvement Loana Act 249
2. The Agriculturists Loans Act 253
3. The Agricultural Produce Markell Act .M
4. The Canal Act '61
s. The Embankment Act ... '90
6. The Insects and Pests Act 294
7. The Water Hyacinth Act 296
8. ~c.."l;omodiO:8:~O~IOoSo'l'~oooS2""" ~ ... Je~

D. AHlMAL WELFARE.

1. The Prevention of Cruelt} to Animals Act 30S

2. The Wild Life Protection Act 3"
3. The Glanden and Farcy Act 326
4. The Dourine Act 329
S. The Live.stock Importation Act 332
6. The Animal Pests Act ... 333
7. The Cattle.Trespass Act 334
8. The Cattle Slaughter Prohibition Act ... ..... 342
 TABLE OF CONTENTS, Hi

E. REHABILITATION.

c, ~"'l"
PAGE
~?
1. The Buildings (Regulation of Construction and Repaid Act ... 343

~: ~~~7i~;;;'3lS~~"I';;'E~~~~oE"'ll~ ?9 1S
"""'-e= . .. .... . ... ....
F. RELIGIOUS AFFAIJS.

.. ="'to"'!"
 PART VI.--GENERAL ADMINISTRATION.
ln~81 ~I Iln'l8'l848'P~'l8!118~L8(;'lu
A-PUBLIC HEALTH.
0011 1e1~,c'1l~:"")'''1:1
THE BURMA MEDICAL ACT
CONTENTS.
S~ctiolU
1.
2. Definitions.
3. Establishment and coDstitution of the Burma Medical Council.
4. EJections.
5. Term of office of members.
6. Resignation of membership.
7. Filling up vacanciCi.
8. Leave of absence.
9. Meetings of the Council.
10. Fees payable to members
11. Registrar and establishment.
12. The register.
13. Persons entitled to be registered.
14. Power of Council to call for information from medical scbools.
15. Amendment or the Schedule.
l6. Application for registration.
17. Maintenance of. register.
18. Notice of deatbs.
19. Appeal to Council from decision of Registrar.
20. Alteration of register by Council.
2 t. Disqualification by commission of certain offence
21 A.Inq uiries and appeals.
218. Restoration of entry in register.
2tc. Bar to suits and other legal proceedings.
22. Annual list.
23. Disabilities of unregistered persons.
24. Penalty.
25. Disposal of fees.
26. Rules.
27 Control.
28. ]I!

THE SCHEDULE.
 2 Medical.

THE BURMA MEDICAL ACT.

[BURNA ACT I. 1915.] (4th December, t915.)
I.
Utfinilionl. 1.. In this Act, the expression-
(a) "the Medical Acts" means tho Medical Act. 1858. and the Acts 21 " 22
amending the same: vict.,
c.90.
(b) .. the Council" means the Medical Council established under
section 3 :
(c) .. the register" means the register of medical practitioners
maintained under the provisions of this Act: and
(d) .. registered practitioner" means any person whose name is entered
in the register.
Establish- 3. (I) A Council shall be established ant! called "the Burma Medical
ment and Council" and sucb Council shall be a body corporate and shall have perpetual
censtitutiou succession and a common seal and shall by the said name sue and be sued.
or the
BllJma (2) The Council shall consist of fourteen members appointed. in the
Medical following manner :-
Coulloil.
(tl) a President and three otber members to be nominated by tbe
President of the Union:
I(b) one member to be elected by the 'Senate of the Univerllity of
Rangoon: [and]lI
'(c) nine members to be elected by the registered practitioners from
amongst IhenlSelves.
Elcdionl. 4. All elections of members of the Council shall be held at such time and
place and in such manner as the Council shall by rule direct.
TeTm 01 S. (I) The term of office of members of the Council shall be three years.
offi<.eof (2) Every member shall. at the end of his term of office. be eligible for
IIlClUbcn.
reappointment subject to the provisions of section 3.
Rcaigllation 6. (I) Every member of the Council shall be deemed to have resigned
of member_ bis appointment_
,hip.
(0) on sending his resignation in writing to tho President of the
Council. or
(b) on ceasing to be a registered practitioner.
. (2) The Council may declare that any member has resigned his appoint-
ment-
(a) if he tlbsents himself from three consecutive meetings of the
Council without the leave of the Council. or
(b) if he departs from the Union of Burma without. the leave- of the
Council, or
-----;C;l3uoc lb), :IS tetnpuurily substituted hy tbe &uruu. Iledkal (Temjlorary Amendment'
Aet (No. X of I~'. reads: "(Il) On, Ine:ll~r to be nominated by tho: A""nini3tn.UVC Office;
Univcrsltynl R~nlODn."
! lllserted by '\d LXII, 1953.
, Subl.liMcd lor el~_ It). I) and~) Ibid.
 M~dicol. 3

(c) if he is absent [rom the Union of Burma beyond any period of

leave granted to him by the Council.
7. Upon the death or resignation of any member his appoinlment shall Filling up
be filled by nomination Or election. as the case may be. in accordance wilh the ,-aC;llIdelo
provisions of section 3.

8. The Council may grant 10 any member thereof )ea\'e of absence from
the Union of Burma for a period not exceeding six months.
9. (/) The Council shall by rule prescribe the time$ and places at ~hich Meclin~1 01
its meetings shall be held. the manner of summoning thc same. and the conduct the Council.
of business thereat.
(2) In the absence of any rule as 10 the summoning of meetings. the
Pr~sident may. by lettcr addressed to each member. summon a meeling of the
Council. at such time and place as to him shall seem expedient.
(3) No business shall be transacted at any meeting of the Council unless
a quorum of five members be present.
(4) In the absence of the President from any meeting of the Council
another member shall be elected by and from the nlembers present 10 act as
President theroat.
(5) All questions arising at any meeting of Ihe Council shall be decided
by Ihe Vales of the majority of the members present and voting or. in case of
an equality of votes. by the c:lsting vote of the Presidenl.

10. There shall be paid to the members of the Council such fees for Fen p:l)... ble
attendance at meetings of the Council and such reasonable travelling expenses to IIltmbtri.
as the Council may by rule prescribe.

n. (I) With the previous sanction of the President of the Union, the R~strar
ant!
Council- ntablilh-
menl.
(0) shaH appoint a Registrar.
(b) may grant leave to such Registrar 3nd 3ppoint a person to act in
his place. and
(el shall pay to the Registrar and to the person (if any) appointed to
act in his place such salary and such allowances (if any) as the
Council may determine.

(2) The Council may appoint such other officers and such clerks and
servanlS as it may consider necessary for the purposes of this Act. and shall p3y
them such salary and such allowances (if any) as the Council may determine.
(J) Every person appointed under this section shall be deemed to be a
public servanl within the meaning of section 21 of the Penal Code.

n. A register of medical practitionen sball be kept by tbe Registrar in 'llle

suell form as the Council ma), direct. rtfiltrr.
 13. Subject to the provisions of tbis Act. every person who is possessed
Penont
entitlt'd to be of any of the qualifications deJCribed in the Schedule shall. on payment of such
rel:iJlered.
fee as the Council may by rule prescribe. be entitled to have his name entered
In the register:
Provided tbat the President of tbe Union may. on tbe recommendation of
tbe Council. permit tbe registration of aDy person wbo was actually practising
medicine in Burma on or before the 3rd day of December 1915; I
Provided further. that the Registrar shall refer to tbe Council any appli.
cation for entry in the register from a person in respect of whom be considers
that the Council may wish to proceed under section 21. lub-section (I). and
shall not make any entry in the register in respect of luch person until the
Council informs him tbat the entry is permitted :
'Provided further. that the President of the Union may. in consultation
with tbe Council. permit the registration of any person employed by any foreign
mission in the Union of Burma. if the Council is satisfied that such person
possesses a medical degree. diploma or certificate granted by any university.
medical college or school or other institution. not included in the Schedule; and
it shall be lawful for the President of Ihe Union 10 direct that the registration
shall be valid only for so loog u he conlinues to be employed by such mission:
I Provided further. that in the case of a person whose sole qualification
for regutration was granted in any forei&D counlry which does ":Dot recognize
the medical degree. diplomas or certificales of the Univenity of Rangoon or
tbe Government. be sball not be entitled to bave his name enlered in tbe
register until be sball bave passed the examination held by a special Board of
exa.miners appointed by the Council in tbat behalf.
Power or 14. The Council may call on the governing body or authorities of any
Coundl to medical scbool. examining body or other institution included or desirous of
eall for
inlormaliOll. being included in tbe Schedule--
frOlll medi-
al"""" (0) to furnish such particulars lJ the Council may require of any course
of study prescribecJ or examination held by such body or autho-
rity or in such school with reference to tbe arant of any medical
or surgical qualifications. and
(b) to provide facilities to enable any member of the Council deputed by
the Council in Ibis behalf to be present at any sucb examinalion.
Amendmenl 15. (jJ) If the Council is satisfied that any qUlllification certified by
oftll. any medical school. examining body or other institution is a
Sehedule.
sufficient guaranlee that persons possessing such qualification
have Ihe knowledge and skill requisite for the efficient practice
of medicine. surgery and midwifery. or
(b) if the body or autboritiCi referred to in section 14 refuse to furnish
such particulars or to provide sucb facilities as arc referred to
in tbat section. or
(d if tbe Council is satisfied that any qualification referred to in clause
3. 4 or 5 or the Schedule is Dot a sufficicnt guarantee u aforesaid.
 Medicid.,
tbe Council may make a report to tbat eO"ect to the President of the Union.
wbo may thereupon direct by noti6cation-
(i) in case (a) that the possession of such qualification sball. subject to
the provisions of this Act, entitle any person to have his name
entered in the register, or
(ii) in cases (b) and (d that the possession of tbe qualification certified
by the body or authorities or of such qualification as is referred to
in clause 3, 4 or 5 of the Schedule. as the case may be. shall not
entitle any person to have his name entered in the register, and the
Schedule shall thereupon be deemed to be altered accordin&ly.

16_ E..-ery person who applies to have his name entered in the regiJter_ Applic:mcla
(oj shall satisfy the Registrar that he is possessed. of tbe qualifications ia
""tnt:::"
.
respect of which he claims to be registered: ,.nd
(b) if he is registered under the Medical Acts or under any Act for
the registration of medical practitioners in force in any part of
India or Pakistan-
(i) shall correctly inform the Registrar of the date of such registra
tion. and
(ii). shall furnish the Registrar with a correct statement of tbe
qualifications in respect of which he is so registered. and of
the dates on which he obtained them. or
(d if he is not registered under the Medical Aets or under any Act
for the registration of medical practitioners in force in any part
of India or Pakistan, shall correctly inform the Registrar of tbe
dates on which he obtained tbe qualifications in respect of which
he claims to be registered under this Act.

17. The Registrar-

(0) shall enter in the register the name. residence and qualifications of
every person who is registered under this Act. and the date on
which each qualification was obtained;
(b) shall make all necessary alterations in the particulars so entered:
(cJ shall, on the payment of such fee as may be prescribed by Ihe
Council. enter in the register every addilional qualification which
a registered praclitioner mllY prove Ihat he has obtained sub
sequently to his registration;
(d) shall strike out or the register the names of all registered practition.
ers who have died or the removal of which has been directed
by the Council under the provisions of section 20 or 21: and
(d nlay send through lhe post to any registered practitioner a registered
letter addressed to him according 10 his registered address to
inquire whether he has ceased 10 practise or bat chanaed bi,
resiclence: and, if no answer to any such letter is received wilbill
~ .~riod o( six months (rom the despatch of sucb letter, abe
 6 Medical.

Registrar may strike out or the register the name of such

registered practitioner.

........
Notjo:e of 18. Every Registrar of Deaths who receives notice of the death of any
person who. to his knowledge. was a registered practitioner. shall forthwith
transmit by post 10 the Registrar appointed under this Act a certificate under
his own hand of such death and the particulars of time and place thereof and
may charge tbe cost of such certificate as an expense of his office.

Apptal10 19. (1) Any person who is dissatisfied witb any decision of the
Co"ncil from Registrar refusing to enter the name or any qualification of such person in
decision of
I(tgislrar, the register may within three months of the date of such decision appeal to
the Council.
W The decision of the Council thereupon shall be final.
Alltration 20. The Coudcil may. if it thinks fit and after giving notice to the person
of r, J:istcr concerned and inquiring into his objections. if any. order that any entry in the
by Council.
register which shall be proved to the satisfaction of the Council to hne been
fraudulently or incorrectly made. or brought aboul. be remo~'ed from the
register or amended as it tbinks fit.

DisqlWiflca. 21. (J) In tbe case of any person who-

tiorl b)
commi~ (a) has been convictC'1 of any sucb offence as implies in tbe opinion
01 Cf'I lain of the Council a defect of character. or
<>If""" (b) after due inquiry (at which an opportunity bas been given to sucb
person to be heard in person or by counsel) has been found guilty
by tbe Council of infamous conduct in any professional respect
the Council may. upon reference from the Registrar or otberwise. refuse to
permit such person to be registered or may direct that his name be removed
from the register altogether or for a specified period.
(2) Any person who is dissatisfied with any decision of the Council under
this section in respect o[ himsel[ may. within three months from the date of
such decision. appeal therefrom to the President of the Union.

Inquiriu 21A. U} The Council may by rule prescribe that any or all classes
iIfld lIp~al
of inquiries under section 20 or 21 or appeals under section 19 shall
be held or heard. as the case may be. by an executive cOmmitlee
consisting of the President and fh'e members of the Council elected by
tbe Council. The Council may also elect a special committee consisting
of tbree or more members of the Council to hold any special
inquiry or to hear any special appeal under the said sections. The decision of
tbe executive committee or of Ihe special committee. as the case may be. sball
be deenled to be the decision of the Council.
(2) The Councilor any committee acting under sub-section (I) may at its
discretion hold an inquiry under section 20 or 21 in camera.
(J) For tbe purposes of any such inquiry or appeal. the Councilor any
committee acting under sub-section (0 shall be deemed to be a Court within
 1
the meaning of the E...idence Act. and shall exercise the powers of a commit..
sioner appointed under the Public Servants Inquiries Act. Every such inquiry
and appeal shall be conducted in such manner as the Council may by rult'
prescribe and. as far as may be. in accordance wilh the provisions of sections.5
and 8 to 20 of the Public Servants Inquiries Act: and the Councilor the
committee. as the case may be. shall record its decision upon each of the
articles of the charge separately. u well as such obsentations as it may think
fit on the whole case.

21B. The Council may direct that any entry which hu beeD removed
from the register shall be restored.

lie. No suit or other legal proceedings sballlie in respect of an act done 8ar Ig anit.
in the exercise of a power conferred by'tbis Act or by any rule thereunder on and other
lela! pro-
the President of the Union or on the Councilor on the Registrar. <:eedinfS
21. (1) Tbe Registrar shall. in every year. on or before a date to be fixed Anna.lliat.
in tbis behalf by the Council. cause to be printed and published a correct lilt
of registered practitioners for the time being and setting forth-
(a) all names entered in the register. arranged in alpbabetical order
.according to the surnames. aDd
(b) the registered qualifications of each such persoo and the date OIl
which each such qualification was obtained.
(1) Every Court shall presume that every person whose name is entered in
the latest of such lists is a registered practitioner and that e...ery person whose
name is not so entered is not a registered practitioner:
Provided that, in the case of any person whose name does not appear in
such list. a certified copy. signed by the Registrar. of the entry of the n.anle of
such person in the register shall be e...idence tbat sucb person is a registered
practitioner.
13. (1) No certificate required by law to be given by a medical prACti. Dlu.billUei

a registered practitioner. "'..

tioner or offia:r or by a qualified medical man than be valid unless ligDed by of lRIrqls.
........
(2) Except with the special sanction of the President of the Union. DO
perSOn shall be competent 10 hold any appointment as Medical Officer of
Health or as Physician. Surgeon or other Medical Officer in any dispensary.
hospital. asylum. infirmary or lying-in hospital which is supported partially or
entirely by public funds or contributions. or by the funds or contributions of
any public company. unless he i. a registered practitioner.
24. E...ery person who falsely pretends to be a registered pnctitioner Palall,
hall. whether any person is actually deceived by such pretence or oot. be
liable to be punished on conviction by a Magistnle of the first cIau with fine
which may extend to tbree huDdred rupees.
25. All fees le"jed under this Act and all other moneys recei"ed by the
Council sball be applied for the purposes of this Act and in accorduce ....' ith
such rules U the President of the Union may make in this behalf.
,..
8 Medical,
16. (1) The Council may make ruks (or the purpose of carrying oul.
the provisions of this Act.
Without prejudice to the generality of this provision. such rules may
prescribe that a less fee or no fee shall be levied for the cntry in the register
of the name of any person who is for the time being registered under any Act
for the registration of medical practitioners in force in any part of India Or
Pakistan.
(2) No rule made by the Council shall COme into force until i. has been
confirmed by the President of the Union.
(3) Every such rule shall. when so confirmed. be published in the Gazette.
(4) The President of the Union may. by notification. cancel any such rule.
Control. Z7. If at any time it shall appear to the President of the Union that the
Council has failed to exercise or has ~xceeded or abused any power conferred
upon it under this Act or has failed to perform any duty imposed upon it by
this Act. the President of the Union may notify the particulars of such default.
excess or abuse to the Council; and, if the Council fails to remedy such
default. excess or abuse within such time as may be fixed by the President of
the Union in this behalf. the President of the Union may. for the purpose of
remedying such default. excess or abuse. cause any of the powers and duties
of the Council to be exercised ~'nd performed by such agency and for such
period as the President of the Union may think fit;
128. .. .. "" *"
THE SCHEDULE.
\. Every person who is for the time being registered or qualified to be
registered under the Medical Acts.
2. Every Doctor. Bachelor or Licentiate of Medicine or Master. Bachelor
or Licentiate of Surgery of the Universities of Bombay. Calcutta. Madras.
Allahabad or Lahore.
3. Every person who has been trained in a Government Medical College
or School and holds a diploma or certificate granted by Government declaring
him to be qualified to practise Medicine. Surgery and Midwifery or to perform
the duties of a Military Assistant Surgeon. Hospital Assistant or Sub-Assistant
Surgeon.
In this paragraph "Government" includes the Government of any part
of India or Pakistan.
4. Every person who has been granted a degree. diploma. licence or
certificate by the Burma Medical Examination Board declaring him to be
qualified in like manner.
s 4A. [Every person who has been granted a licence by the State Medical
Board established during the period of the enenlY occupation of Burma in the
years 1942 to 1945.] ~

I Omitted by the 11,,;on or lIurma !Adal'laliu" of LawaI Order.l94S.

t Interled by Act XLII, 1946.
Rt-aumbered by Acl LXII, 1953.
 Medical. ,

15. Every person who is for the tinle beIng registered under any Act for
the registration of llledical practitioners in force in any part of India or
Pakistan.

THE BURMA MEDICAL DEGREES ACT.

[INDIA ACT VII. 1916.] (16th March. 1916.)
1.
1. In tbis Act. "Western medical science" means tbe Wakrn method. Dc6aitioa.
of Allopathic medicine. Obstetrics and Surgery. but does DOt include the
Homaopathic or Ayurvedic or Unani system of medicine.
3. The right of conferring. granting. Ot issuing in the Union of Burma Riehl to
degrees. diplomas. licences. certificates or other documents stating or implyina confer
dcgrt:elI.etc.
tbat the holder. grantee or recipient thereof is qualified to practise Western
medical science. shall be exercisable only by the University of Rangoon. and
by such other authority as the PrCJident of the Union may. by notification in
the Gazette. and subject to such conditions and resuictions as he thint, fit to
impose. authorir.c in this behalf.
4. Save as pro"ided by section 3. no person in the Union of Burma shaD Probibllioa
confer. grant. or issue. or hold himself out as entitled to confer. grant. or iuue ~U;.ad
any degree. diploma. licence. certilicate or other document statins or implyinl coaft:rDJeDt
th~t the holder. grantee or recipient i' qualified to practise Western medical ~t<;~rna,
science. .
5. Whoever contravenes the provisions of section 4 shall be punishable Contravt:Doo
with fine which J'!lay extend to one thousand rupees: and. i~ the person so ~::; 4.
contravening is an association. every member of such association. who know-
ingly and wilfully authorius or permits the contravention. shall be punishable
with line wbich nlay extend to five hundred rupees.
6. Whoever voluntarily and falsely assumC3 or uses any title or dClCription Petlall)' fOf"
or any addition to his name inlplying (a) tbat he is qualified to practise _,pingo
Western medical sci~nce. or (b) lhat be bolds a degree. diploDla. licence or
c~rtificate conferred. granted or issued by any authority referred to in section liUd.
....
fallel)'

"""'"'
3. or recognized by tbe General Council of Medical Education of the United
Kingdom. or authorized by the law in force in India or Pakistan to confer.
grant or issue in India or Pakistan degrees. diplomas. licences. certificates or
other documents stating or imPlying that the holder. grantee or recipient
thereof is qualified to practise Western medical science. shall be punishable
with fine which may extend to two hundred and fiftl rupees. or. if he subse-
quently commits. and is convicted of. an offenCe punishable under this section.
with line which may extend to five hundred rupees :
Provided that nOlbing in this section shall apply to the use by any pcrsoD
of any tille. description. or addition which. prior to the 16th March. 1916.. 1
he used in virtue of any degree. diploma. licence or certificate conferred upon.
Or granted Ot issued to bim.
I Re-numbered by Act LXII. 195J.
2 Dalc of ::oll~cnc~enl 011111. Ael
 '0
coc"Qance 7. No Court shall take cognizance of an offence punishable under this Act
of oIJcncetl. except upon complaint made by order of the President of tbe Union, or upon
complaint made. with the previou, sanction of the President of tbe Union. by
the Burma Medical Council.
Jllritdiclloa . No Court inferior to tbat of a Magistrate of the first class mall try
of M.li$-
trala. any offence punilhable under this Act.

THE MIDWIVES AND NURSES ACf.

{ Buw Acr X. 1922.} (lst November. 1922.)

1.
2. In this AcL..-
(o) .. prescribed" means prescribed by lulu made under this Act:
(b) .. register" means a register maintained uoder section 4. and
"registered" means registered in accordance with the provisions
of that section.
ConllituUon 3. (I) There shall be established a Central Midwives and Nurses Council.
of Couocll hereinafter referred to as .. the Council," which shall consist of sixteen I members.
;and lC:rm of
df'lte of who shall be appointed in the manner following :_
membcn..
(4) by virtue of his office. 1the Director of Health Services. Burma.] t
who shall be the president of the Council:
(b) by virtue of office. the Superintendent of the Dufferin Hospital,
Rangoon. [ tbe Deputy Director (Public Health). Burma.]' ( the
Nursing Chief]' and the Health Officer of the Municipal.
Corporation of the city of Rangoon:
(d two registered medical practitioners to be nominated by tbe
President of the Union:
(d) tWO registered n1edical practitioners to be nominated by the Burma
Medical Council:
(~) two Matrons of Hospitals. to be nominated by the Burma Medical
Council:
U) one registered midwife and one registered nurse. to be elected by
the registered midwives and nurses. respectively; and
t (g) three official or unofficial persons, not beina of the classes referred
to above. who have shown keen interest in the welfare of
midwives and nurses. to be nominated by the President of the
Union.
(2) The members of the Council. with the exception of the ~x-oificio
members. shall hold office for a term of three years.

1 Substit\lwd by Act LVII. 1949, ~ad lui"-teqllftltly by Act LXVI. 19S4.

~ Subllitlltod byAtt LXVI. 111)4.
I I_rial by Act LVII. 1949. iIl1d 1UbIi.-I1U, lublUtulcd b, A.tt LXVI. 111504
 Midwivu and Nuna. II

(3) Any member wbo. witbout leave. fails to atteDd lhrce CODSClCutive
mtings of the Council may be deemed to have resigned.
(4) If the place of a member of tbe Council becomes vacant before tho
expiration of his term of office. wbether by death. resignation or otherwise. the
vacancy sball be filled by appointment in the manner provided by sub-section (J).
(05) Any member ceasing to be a member of tbe Council shall be eligible
for re-appoinunent.
(6) The powers of the Council may be exercised ootwitbstaluliog aIlly
vacancy in their number.

4. (I) The Councii sball maintain a.register of midwives and a register Rl-,i11 r.lboa
ul.hidwivcs
of nurses. and in each such register shall be entered. in tWO separate puts. 3udn.....
the names of an midwives and nurses entitled to registration under clause (0)
or clause (b) of sub-section (1). respectively.
(2) The following persons shall be entitled to registration under this Act.
namelY:_
(ol midwives and nurses who have undergone the course of training.
have passed tbe exnminations. and fulfil the furtber conditiolll
prescribed. respectively. therefor;
(bJ midwives and nurses already in practice on the 1st November
1922. I and not entitled under clause (D). subject to such
conditions and restrictions as may be pre.scribcd. respectively.
therefor.

5. Subject to such conditions. and in such manDer. as may be prescribed. R'IllO\~1 Md

the Council may remove the nanle of any midwife or nurse from the register ~::~~
or restore thereto the name of any midwife or nurse which has been 10
remo\"ed.

,. (I) Any midwife or nune aggrieved by an order of the Council may. Appal from
within th..ee nlonths from the date on which notice of such order is given to CouaciI 10
her. appeal against the order to a Tribunal consistina of three persoDS selected Trib.-d.
as follows :_
(II) one to be selected in rotation from a panel of oot less than six
persons. possessing not less than twelve years' experience a. a
Magistrate or Judge. to be nominated by the Chief Justice of
the High Court:
(b) one to be selected in rotation from a panel of not leu tban six
registered medical practitioners to be elccted in the prescribed
manner by the Burma Medical Council ; and
(c) one midwife or nurse (as the case may be) to be selected from a
panel of not less than six registered midwives or nurses. elected
in the prescribed manner by such midwives and DW'ICI
(2) The order of the Tribunal shall be final.
 12 Midwive3 and Nwul.

Appeal to ,. Any person aggrieved by the refusal of the Council to apprOve any
President institution 01 person for tbe purpose of the rules under this Act relating to
a~<lill.t
nfu-nl by training may appeal against the refusal to the President of the Union. and the
lMUlcil to President of the Union shall give such directions .. he thinks proper. and the
IPfll'i)\e
It':: IninJ:, CoaociJ shan comply with any directions 10 given_
loltiMiocI
or penon.

....
Oipl-ililkt 8. (I) Except with the special san<:lion of the President of the Union,
or "orelia- no midwife or nune shall be competent to hold any appointment in any
~'
~ dispensary. hospital. asylum. infhmary or lying-in hospital. which is supported
partially or entirely by public funds or contributions. or by the funds or
contributions of any public company. unless such midwife or nurse i.5
registered under this Act.
(2) Within the limits of any area to which the President of the Union
may. by notification. extend this sub-stion and on the expiry of a period of
one year and six months from the date of sueh noti6eation. no person ..-bo is
not a registet:ed Rlidwife shall practise as a midwife or practise midwifery :
Provided that this sub-section shall not apply to_
(a) any medicial practitioner registered under the Burma Medical Act:
(b) any person rendering assistance in any case of emergency.
Rille. by ,. (I) The Council may make rules generally for carrying out the
COJnell. purposes of this Act. and in particular_
(a) for regulating the issue of certificates. the maintenance of the
register and the conditions of admission thereto:
(b) for regulating the course of trainin~. the recognition of institutions
or persons authorized to train midwives and nurses and the
conduct of examinations:
(d for regulating elections of menlbers of the Council and of the
panels referred to in section 6 :
(d) for regulating. supervising and restricting within due limits the
practice of registered midwives and nurses:
(e) for prescribing the causes ror which. the conditions under which.
and the manner in which. midwives or nurses may be suspended
or excluded from the register. and the procedure for the restora-
tion to the register or midwives and nurses who have beeP
removed thereCrom :
(O ror regulating the publication of the names of registered midwives
and nurses and their residences j
(g) for prescribing the rates of fees to be charged for examinations
and registrations:
(h) for regulating the summoning of meetinas of the Council and its
proceedings :
(i) for regulating the expenditure of the Council and providing for
the audit thereof:
U) (or appointing one or more supervisors of the work of such
registered midwivCl.
 Midwlv.u QIU1 NlUsu. ,3
(2) No rule made by the Council sball come into force until it bas heeD.
confirmed by the President or the Union.
(3) Every such rule shall. when so confirmed. be published in the GueUe-
(4) The President or the Union may. by notification. c:anc:el or modify
any such rule.

10. All fees levied under thiJ Act and all other moneys received by the
Council shall be applied for the purposes of this Act and in accordance witb
such rules as the President of tbe Union may mak.e in this behalf.

11. The President of the Union shall malr:e rules....- Rules by

Pre!ldenl.
(Q) regulating the constitution and procedure of the Tribunal constitu-
ted under section 6. sub-section (I) :
(b) prescribing the fees to be levied by such Tribunal for the cost, of
the appeal: and
(c:) determining the manner in which fees levied under this Act and all
other moneys received by the Council shall be applieu.

11. Any person who_ PllDalty <

(Q) dishonestly makes use of any certificate of ugistration issued under ~'7:"'ti-
. tbe provisions of this Act to him or to any other person: or btt.pro-
(b) procures or attempts to procure registration under the provisiOOl ~~ ~
of thi Act by mak.ing or producing or causing to be made or false meaIlI
produced any false or fraudulent declaration. certifica.te or ~~ '~~~
representation. whether in writing or otherwise; or Ur ~
(c:) wilfully makes or causes to be made any false representation iD Iio;;ale.
nny matter relating to the rCJister or the certificates issued under
the provisions of this Act; or .
(d) contravenes the provisions of sub-section (2) of .sectioD 8;
shall. on conviction by a Magistrate ot the fint clus. be liable to fine not
exceeding two hundred and fifty rupees. or to rigorous imprisonment fat aoy
term not exceeding six months. or botb. .
13. Any person who. not being a registered midwife or registered. n.urse. PrnalCy!
takes or uses the nallle or title of registered midwife or registered nurse. or ~!DII :II
.
uses any name or tttle. " ' um
description. form or bd bd
a ge. or sIgn- oar " rImp
t iylng
llts r t dor
midwife
that such person is a registered midwife or registered nurse. as the case may be. nune by a
shall. on conviction by a Magistrate of the first class. be liable to fine not
exceeding one hundred rupees. or to imprisonment for a term Dot exceeding
::r:.:t'
one month. or both.
14. Nothing in tbis Act respccUGI midwives or Gurscs ,baU apply to An IIOt to
medical practitioners possdSing qualific:atioDs entitling tbem to repstrauoD :::~:a
under the Burma Medical Act.
-.
......
14

THE LUNACY ACT.

CONTENTS.

-
PART 1.
Pll.ELIMINARY.

CHAPTER t.

S~tjons.

t.
2. Savings.
3. Definitions.

PART II.
RECEPTION. CARli AND hUTMENT OP LUNAncs.

CHAPTER II.
RECEPTION OF LUNATICS.

4. Reception of persons in asylum.

R~pljon ord~rs on petition.

5. Application for reception order.
6. Application by whom to be presented.
7. Procedure upon petition tor reception order.
8. Detention of alleged lunatic pending inquiry.
9. Consideration or petition.
10. Order.'
II. Further provisions as to reception orders on petition.
IlA. Power to appoint substitute for the person upon whose application a
reception order bas been made.
Reception orders otherwise than on fntition.
12.
13. Powers and duties of police in respect of wandering or dangerous
lunatics and lunatics cruelly treated or not under proper care and
control.
14. Reception order in case of wandering and dangerouslunatica.
15. Order in case of lunatic cruelly treated or not under proper care and
control.
16. Detention of alleged lunatic pending report by medical offieer.
17. Commissioner of Police to act in Rangoon.
 II

FlIr,htr provisions as.to ,~p,jon ordus and nwdical cn,i(ictlus.

Sl!ctions.
18. Medical certificates.
19. Time and manner of medical eumination of lunatic.
20. Authority for reception.
21. Copy of reception ordcr to be sent to person in charge of asylum.
22. Restriction as to asylum into which reception orders may direct
adolissioD. .
Detention Of lunatic, ~ndjng removal to al,ium.
23. DetentioD of luoaticJ pending removal to asylum.

R~p'ion and dtltntion at crimiMl lunatics.

24. Reception and detention of criminal lUlllatics.
Rtttption alltr inquisition.
25. Reception after inquisition.
26. Order for payment ot cost of maintenance of lunatic.

Amendment oj order or certificate.

27. Amendolcnl of order or certificate.

CHAPTER III.
CAU AND TJ.EAncENT.

Visitors.
28. Appointment of visitors.
29. Monthly inspection by visitors.
30. Inspection of criminal lunatics by IIUpcc:tor-General or visitors.
DiM:harge ollulUltics.
31. Order of discharge from asylum by visitors.
32. Discharge of lunatics in other cases.
33. Order of discharge on undertaking of relative for due care of the
lunatic.
34 Discharge of person subsequently found on inquisition not to be of
unsound mind.

Rtmoval of lunatics.
35. Removal of lunatics and criminal lunatic.

E1ca~ and rt<ap'lI.rt.

36. Order to justify detention and re-capture after .apc.
16

PART lIt.

JUDICIAL INQUISITION AS TO LUNACY.

CHAPTER IV.

INQUISITION.
Sections.
37_39.
40. Noti<:~ of time and of place of inquisition.
41. Powers of Court in respect of- attendance and examination of lunatic.
42. Rulu respecting attendance and examination of females alleged to be
lunatic.
43_55.
56. Power to apply property for lunatic's maintenance witbout appointing
manager in certain cases.
57_58.
59. Power to apply property for lunatic's maintenance in case of temporary
lunacy.
60_61.
CHAPTER y.

PJ.ocEEDlHOS IN LUNACY.

ltJ4 u isilion,

62. Power of District Court to institute inquisition a. 10 perlODa alleged

to be lunatic.
63. Application by whom to be made.
64. Regulation of proceedings of District Courts.
65. Inquisition by District Court and findinll tbereon.
66. Inquisition by subordinate Court on commission illued by District
Court and proceedings thereon.

Judicial pown& over per&on and estate of lunatic.

67. Custody of lunatics and management of their eltates.

68.
69. Power to direct Conector to take charlO of person and oltate of lunatic
in certain cases.
70. Control over proceedings of Collector.
71. Power of District Court to appoint guardian and manager and take
security from Dlanager.
72. Restriction on appointment of legal boir or lunatic: to be guardian of
his person.
73. Remuneration of managers and guardians.
74. Duties of guardian.
Slions.
7S. Poweu of manager.
76 Manager to furnish inventory and annual accounts.
77. Proceedings if accunc:y of inventory or accounts is inlpugned.
78. Payment into public treasury and investment of proceeds of estate.
79. Relative may sue for an account.
80. Renloval of managers and guardians.
8! Penalty on manager for refusing to deliver acc:ounls or property.
82. Proc:eedings in lunacy to cease or to be set aside if Court finds that
the unsoundness of mind has ceased.
83. Appeals.
PART IV.
MISCELLANEOUS.

CHAPTER VI.
ESTA.BlISHWENT OF ASYLUMS.

84. President may establish or lic:enc:e the establishment of asylums.

84A. Power to cancel licence ir provision for curative lreatment is insufficient.
85. Provision for admission of lunatics in asylunlS outside the Union of
Burma.

CHAPTER VII.
EXPENSES OP LUNATICS.

86. Payment of cost of maintenanc:e in licensed asylums in certain calleS

by Government.
87. Application of property in the possession of a lunatic found wanderiQl.
88. Application to chil Court for order for tbe payment of cost of main.
tenance out of the lunatic's estate. or by perlOn bound to maintain
him.
89. Order of Court and enforcement thereof.
90. Saving of liability of relativu to maintain lunatic.

CHAPTER VIII.
RULES.

91. Power of President to mlilee rules.

92. Publication of rules.

CHAPTER IX.
SUPPLEMENTAL PJ.OVIStONS.

93. Penalty for improper reception or detention of lunatic.

94 Provisions IlS to bonds.
95. Pension of lunatic payable by Government.

f
 Sections.
96 Use of forms in Schedule.
97. Protection to persons acting under Act.
98_100.

SCHEDULE I.-FoRMS.

THE LUNACY ACT.

[INDIA Acr IV, 1912.J (16th March. 1912.)

PART ,.
PRELIMINARY.

CHAPTER I.
1.
Savin,..
2. Nothing contained ill Part 11 shall be deemed to affect the powers
of the High Court over any person found to be a lunatic by inquisition or
over the J:roperty of such lunatic. or the rights of any person appointed by
such Court as guardian of the person or manager of the estate of such lunatic.
Definition.
3. In this Act. un leu there is anything repugnant in the subject or
context.__
(I) .. asylum" means an asylum or mental hospital for lunatics
established or licensed by Government;
(2) .. cost of maintenance" in an asylum includes the cost of lodging.
maintenance. clothing. medicine and care of a lunatic. and any
expenditure incurred in removing such lunatic to and from an
asylum. together with any other charses ~pccificd in this behalf
by th.: President of the Union. in exercise of any power conferred
upon him by thi; Act;
()} .. District Cuurt" includes [he High Court as respects the area
within its civil jurisdiction;
(4) .. criminal lunatic" means any person for whose detention in. or
removal to an asylum. jailor other place of safe custody an
order has been made in accordance with the provisions of section
466 or section 4i 1 of the Cude of Criminal Procedure. or of
section 30 of the Prisoners Act, 1 or of the Burma
Army Act;
(5) .. lunatic" means an idiot or person of unsound mind:
(6) .. Magistrate" means a District Magistrate. Subdjvisional Magistrate
or a Magistrate of the first class specially empowered by the
President of the Union to perform the functions of a Magistrate
under this Act;
Omitted by the tllu .... BII-ma IAd="ptalioll Of La...) O.-dC1". 19411.
 Lun=y. 19

(7) .. medical officer" means a gazetted medical officer of Government.

and includes a medical practitioner dcdared by general Or special
order of the President of the Union to be a medical officer for
the purposes of this Act;
(8) .. medical practitioner" means a holder of a qualification 10 practise
medicine and surgery which can be registered in the United
Kingdon) in accordance with the law tor the time being in force
(or the registration of medical practitioners. and includes any
perSOn dcc:ared by general or special order of the President of
the Union to be a medical practitioner for the purpose. of this
Act;
(9) ,. prescribed" Dleans prescribed by this Act or by rule made
thereunder;
(10) .. receplion order" means an oldcl made under the provisions of
this Act for the receplion into an asylum of a lunatic other
than a lunatic so found by inquisition;
(II) "rclativc" includes any person relatcd by blood. marriaae or
adoption: and
(12) .. rule" means a rule m.ade under this Act.

PART II.
RECEPTION. CAll! AND TI,E.\TMENT OF LUNATICS.

CHAPTER II.

RH:EPTION OF LUNATIcs.
4. (1) No person othcr than a criminal lunatic or a lunatic so found by
inquisition shall be received or detained. in an asylum without a reception
order save as provided by seclions 8. 16 and 98:
Provided that any person in charge of lin asylum may. with the consent
of two of the visitors of such asylum. which consent shall~not be given except
upon a written applicution from the intending boarder, receh"c lind lo:ige as
a boarder in such asylum any person who is desirous of submit'ing himself to
treatment.
(2) A boarder received in an asylum under the proviso to subsection (I)
shaH not be delained in the asylum for nl0re than twcnty-four hours after he
has given to the person in charge of the asylum notice in writing of his desire
to leave such asylum.
Reception orders on petition.
5, (I) An application for u reception order shall be made by petition .Applicatioa
accompanied by a statement ('>f particulars to the Magistrate within Ihe local 1<,..derl'f:CeptiOll
limits of whose jurisdiction the alleged lunatic ordinarily resides. shall be in or
the form prescribed and shall be supported by two medical certificates On
separate sheets lJf paper. onc of which certificates shall be from a medical
Officer.
 LunaC)'.

(2) If either of the medical certificates is signed by ::any relative. partner

or usistant of the lunatic or of the petitioner. the petition shall state the fact
and. where the ,lerson signing is a rela'jve. the exact nlanner in which he is
related to tbe lunatic or petitioner,
(3) The pelilion shall also statc whether any previous application has
been presented fOr an inquiry into the mental capacity of the alleged lunatic
in any Court: and if such application has been made. a certified copy of tbe
order made the;eon shall be attached to the petition.
(4) No application for a reception order shall be'entertained in any area
unless the President of the Union has. by notification in Jhe Gazette. declared
such area as an area in which reception orders may be made.
Appli",liOlh 6, (/) Subject to the provisions of sub-seclion (3). the petition shall be
by ...hnm 10
Mllramltd. presented by tbe busband or wife 'Of tbe alleged lunatic. or. if there is no
husband or wire or the husband or wife is prcyrnted by reason of insanity.
ab!ence from the Union of Burma or otherwise from making the presentation.
by the nearest relatiye of the alleged lunatic \10 ho is not so prc\'rnted.
(2) If the petition is not presented by the husband or wife. or. where
there is no husband or wife. by the nearest relative of the alleged lunatic. the
pelition shall contain a statement of the reason why it is not so presented.
and of the connection of the petitioner with lhe allegej lunatic. and the
circumstances under which he presents the petition.
(J) No person shall present a petition a:nless he has attained tbe age of
majer,ty as .determined by ,he b:w to \Iohich he is subjrct. and has within
rcarteen .days before the presrnta1ion or Ihe' Fetition personally seen the said
lunatic' . - .
(4) The petition shall be signed and verified by the petitionel. and the
statement of prc~cribed particulars by !he person making such statement,

Proctdllrt 7. (1) Upon the presentation or the pelition the Magistrate shan consider
Ilpot! ~tl the allegations in the petition and the evidence or lunacy appearing by tbe
lion fur
rtptiOll medical Certificates,
orclu. (2) If he considers that there are grounds for proceeding further. he shall
pers6nally examine the alleged lunatic. unless ror reasons to be recorded in
writing he thinles it unnectSsary 01 inexpedient so to do,
(3) If he is satisfied that a reception order may properly be made
forthwith. he lIlay make the same accordingly.
(4) If, he is not so satisfied. he shall fix a date (notice whereof shall be
given to the peti~ioner and to any olher person to whom in the opinion of the
Magistrate notice should be given) for the consideration of the petition. and
he may make such further or other inquir:es of or concerning the alleged
lunatic as be tbinks. fit. .
J>.tlentlon I. Upon the presentation of the petition. the Magistrate may make such
ol all<;'lj:td order as he thinks fit for the suitable custody or the alleged lunatic pending
lanaUc
pcndllll the conclu~oo of the ioquiry.
InqlAry.
 LuNJey.

,. The petition shall be considered in private In the pretence of tbe Comidn'a.

petitioner. the alleged lunatic (unless the Magistrate in bil discretion otherwise lioaof
directs). any person appointed by the al!egcd IUDatic to reprClellt him and pttltioa.
such other persons as the Magistrate thinks fit.

tl. (I) At the time appointed for the consideration of the petition, the Order.
Magistrate may either make a reception order or dismiss the petition. or may
adjoarn the same for further evidence or inquiry, and may make such order
as to the payment of the costs of tbe inquiry by the penon upon whose
application it was made. or out of tbe estate of the alleged lunatic if found to
be of unsound mind. Or otherwise as he thinks fit.
(2) If the petition is dismissed. tbe Magistnle 'hall record in writiDJ his
reasons for dismissing tbe same. and shall deliver or cause to be delivered to
the petitioner a copy of sucb order.
11. No r~eption order shall be Dlade under section 7 or section 10. Prila"
sa" in the case of a lunatic who is dangerous and unfit to be atlarge. unleQ- ..
prolitioas
toreccp-
(Q) :he Magistrate is satisfied that the penon in ctwp of an asylum
i; willing to receive the lunatie. a n d . .
pe~:.:a
(b) the petilioner or some other person enplCS in writing to the
satisfaction of the Magistrate to pay the cost of maintenance of
the lunatic.

llA. (I) The Magistrate may. subjecl to the provisions ot: this section. Powu lID
by order in writing (hereinafter referred to as an order of substitution). transter ~pPOinI .... b-
ltitute for
the duties nnd responsibilities under this Act of the person on .."hose petition tile pen_
a reception order has been made to any other person who is willing to UJl'lIl: - . -
al'phc:o oa
unq,erta1ce the same. and such other person shall thereupon be deemed for .r~1tptioa
the purposes of this Act to be the perlOn on whOle petition the reception order tIM
order was made. and all references in this Act to such lut.mentioned penon bn made
shall be construed accordingly:
Provided that no such order of substilution shall release the person
upon whose pelition the reception order was made or. if he is dead. his lelal
representative from any liability incurred before the order of substitution wu
made.
(2) Before making any order of substitution. the Magistrate sball send a
notice to the pers::," upon whose petition the reception order was made. if he
i8 alive. and to any relative of the lunatic to whom. in the opinion of tho
Magistrate. notic~ should be given; tbe nolice shall specify the name of the
peraon in whose favour it is proposed to make such order and the date. wbich
shall be not less than twenty days from tbe sending of the ~otice. upon wbicb
anJ objection to the making of the order will be considered.
(3) On such date or any subsequent date to which the procecdioal may
be adjourned. the Magistrate shall consider any objection made by any pet'IOD
to whom notice has been sent. or by any other relative of the lunatic. allY.
sbaU receive all such evidence as may be produced by or on bobalf of . .
 22 Lunacy.

such persons and such further evidence. if any. as the Mafistrate thinks
necessary. and may thereafter nlake or refrain {rom making an order of
substitution:
Provided that. if the person on whose pe~ition the reception or<ier was
made is dead and any other pelson is wilEng and. in the cpinion of the
Magistrale. fitted to undertake the duties and responsibilities under this Act
of such lirst-mentioned person. the Magistrate shall mah such an order.
(4) If in proceedings under this section any question arises as to the
penon to whom the duties and responsibilities under this Act of a person
upon whose petition a reception order has been made shall be entrusted. the
Magistrate shall give preference to the person who is the nearest relative of
the lunatic. unless. for reasons to be r~corded in writing. the Magistrate
considers lhat such pref~rence would not be in the interests of the lunatic.
(j) The Magistrate may make such order for the payment of the costs
of an inquiry under this section by any person who is a party therelo or out
, of the estate of, the lunatic. as he thinkS fit.
(6) Any notice under subsection (2) may be sent by post to the last
known address ot the person for whom it is in,tended.

Reception orders othuwise tl,on on ~tit;(}n.

J n.
Pow~"" 13. (I) Every officer in charge 0: a policl-station may arrest Or cause
d"tidoi to be arrested all persons found wandering at !arge within .he linlits of his
poIkc iD
,apcctgf station whon. he has reuon 10 belitve to be lunatics. and sha!! arrest or cause
waaMtinf to be arrested all persons ",ithin the limits of his station whom he has reason
ox darlCerous
I.... atia and to belie\'e to be dangerous by reason of lunacy. Any person so arrCltc:d sball
l"naUcs be taken forthwith before tbe Mugislra!e.
a ....~
treated Dr (2) Every officer in cbarge of a police-station who has reason to believe
not .. nder that any petlon within the limits of his station is aecmcd to be a lunatic and
proper cart
;aDd c:aal'ol. is not under proper care and control. or is cruelly treated Or neglected by any
relative or other person having the chalge of him. shall inlmedialely report
Ihe fact to the Magistrate.
Rucption 14; Whenever, any person is brought before a Magistrate under the
order In elle provisions of sub-section (I) of section 13. lhe Magi~lrate shall examine such
of w;I.llderl"l:
and dilliei" person. and if he thinks that there are grounds for proceeding further. shall
lIUI lunatl. cause hinl to be examined by a medical officer. and may make such other
inquiries as he thinks fit : and if the Mligistratc is ralisfied Ihal such person is
a lunatic and a proper person to be detained. he may. if the mediCal officer who
h~s examined such person gives a medical certificate with regard to such
person. make a reception order for lhe admiuion of such lunat:c into an
asylum:
Provided that. it any friend Or relative desires that the lunatic be sent to
a licensed asylum and engages in writin& to Ihe sati~faclion of the Magistrate
-
 LIIMCY. 23
to pay the cos! of maintenance of the lunatic in such asylum. lbe Ma&istrate
shall. if the person in charge of such uylulD consents. make a reception order
for the admission of the lunatic into the licensed asylum mentioned in the
engagement:
Provided further. that if any friend Or relative of the lunatic enters into
a bond with or without sureties for such sum of money as the Magistrate
thinks fit. conditioned that such lunatic shall be properly taken care of. and
shall be prevented from doing injury to himself or to othen. the Magistrate,
instead of making Il reception order. may, if he tbinks fit, make him over to
the care of such friend Or relative.

15. (1' If it appears 10 tbe Magistrate, on the report of a police-officer Onta ill
or tbe information o( any other person. that any person within the limits of ~~
bis jurisdiction deemed to be a lunatic is nOl under proper care and control or tftltcdOl'
is cruelly treated or neglected by any relative or otber person ha"ing the charle =;:..,:,.
of him. the Magistrate may cause the alleged lunatic to be produced before alld control.
him. and summon such relative or other person liS has or ought to have the
charge of him.
(2) If such relative or other person i. legally bound to maintilin the
allcged lunal:c. the Magistrate may make an order for sucb alleged lunatic
being properly cared for and treated. and. if such relative or other person
wi!rully ne&lects to comply with the said order, the Magistrate may sentence
him to imprisonment for a ternl which may extend to one month.
(3) H there is no person legally bound to maintain the alleled lunatic. or
if the Magistrate thinks fit so to do. he may proceed as prescribed in sectiOn
14. and upon being sati~fied in manner aforesaid that the person deemed to be
a lunatic is a lunatic and a proper person to be detained under care and
treatment may, if a medical officer gives a medical cenificate with relard to
such lunatic. make a reception order fOr the admission of such lunatic into an
asylum.

16. (J) Wl:en any person alleged to be a lunatic is brought before a odclltka 01
~;a
Magistrate under the provisions of sectiOn 13 or section IS, the Mqistrate rnay. alkrect
by an order in writing, authOrize the detention of the alleged lunatie in suitable ~~I byn
custody for such time not exceeding ten days u nlay be. in his opinion. :=-1
necessary to enable the med:cal officer to determine whether luch alleged
lunalic is a person in respect of .....hom a medical certificate may be properly
giveu.
(2) The Magistrate may. fronl time to time. for the same purpote. by
order in .....riting. authorize such further detention of the alleaed lunatic for
periods not exceeding len dill'S 3t II time a. he thinl:. necessary:
Provided that no person shall be detained in accordance with the provisiODI
of this section for a tot31 period eXCeeding thirty da~ from tbe date Oft wbicb
be was first brouibt before the Magistrate,
 !.Mnacy.

CoIDlDi.. 17. All acts which the Magistrate ;s authorized or requiTed to do by

_~01 section 14. 15 or 16 may be done in Rangoon by the Commissioner of Police.
Police
to aet i"
Ra"loon.
Further provisions as 10 reception orders and mtdical. certificatcs.

Mtdiral ~r 18. (1) Every medical certificate under this Act shall be made and signed
Hfit:ltn. by a medical practitioner or a medical officer. as Ihe case may be, and shall
be in the form prescribed.
(21 Every medical certificate shall state the facts upon which the person
certifying has formed his opinion that the alleged lunatic is a lunatic.
distinguishing facts 'observed by himself from facts communicated by others ;
and no reception order on petition shall be made upon a certificate founded
only upon facts communicated by others.
(j) E\'ery medical certificate made under this Act shall be evidence of the
facts therein appearing and of the judgment therein stated to have been formed
by the pcrson certifying on such facts. as if the mallers tbo::rcin appearing bad
been verified on oath.

Time .lnd 19. (J) A reception order required to be founded on a medical certificate
ma""er 01 shall not be made unless the person who signs the medical certificate. or. where
nll;dical ex-
amination two certiticates are required. each person who signs a certifica.e has personally
of lunatic. examined the alleged lunatic. in .be l::a5e of an order upon petition. not more
than $Cven clear days before the date of the presentJtion of the petition. and.
in all other cases. not more than seven clear days befole the date of tbe order.
(2) Where two medical certificates are required. a reception order shall
not be made unleu each penon signing a certificate has examined the alleged
lunatic ~parately from the other.

Autbarit, 20. A reception order. if the same appeus to be in conformity with this
ft,ll'regrp- Act. shall be sufficient authority for the petitioner or any person authorized by
tion.
him. or in the case of an order not made upon petition. for the person
authorized so to do by the person making the order. to take the lunatic and
convey him to the pluce mentioned in such order and fOr his reception and
detention therein. or in any asylum to which he may be removed in accordance
with the provisions of this Act, and the order lIIay be acted on without further
evidence of the signature or of the jurisdiction of the person making the order:
Provided that no reception order shall continue 10 have effect-
{4d after the expiry of thin)' days from the date on which it was made.
unless tbe lunatic has tKen admitted to the place mentioned
therein within that period. or
(b) after the discharge. under the provisions of this Act. of the lunatic
from s1JCh place or from any asyfum to ..bich he may have been
~ovcd .
 %1. Any authority makinl a reception order undu Pan sball thu en,,, "
fUcptiuD
forthwith send a certified copy of the order to tbe penon in ebatJe of the de.. 10 be
.sylum into which such IUn:1tic is to be admitted. tCllI to pc:r_
_ I.
dwleol
.yluro,.

n. Subject to the provisions of lCCtion 85. no Magistrate sball make a Rt;$! rktioD
reception order for the admission of any lunatic into any asylum outside the ul.
uylulll.mlo
Union of Burma. _hkh rtcep-
t1or: orden
may direct
admiDicD.
Detention 0/ lunaric.r ptnt/inS rtmOlIQl to asylum.

23. When any reception order has been made under sections 7. 10. 14 or DeteDtion 01
IS. the Magistrate may. for re.. ~ons to be recorded in writing. direct that the lunallCi
['C1Idlnll
lunatic. pending his remoyal to :In asylum. be dctained in suilahle cUllody in removallQ
such place as the Mngistrate thinks lit. aylu.m.

Reception QIId detention 0/ criminal IUIIQ';es.

24. An order under section 466 or seclion 471 of'lhe Code of Criminal
Procedure. or under section 30 of Ihe Prisoners Act. - - -lor under the ...........
1I:ttep6clD

tioa of
Burma Arroy Acl. directing the reception of. Criminal lunatic into any asylum crimiAl
which is prescribed for the receplion of criminal iunalicl. shall be sufficient 1_....
authority (Or the reception and detention o( any penon nwed therein in such
uyhlm or in any other asylum to which he may be 1",,1ully transferred.
Rtception a/,u inquisitiOn.
15. A lunatic so found by inquisitioo may be admitted into aD uylum on JUcrptkm.
an order made by the Distrtet Court..
....
:rltn- ilKlldll-
26. (/) When any lunatic has been admitted into an asylum in accordance Ol"dtr fOt
with the provisions of section 25. the High Court or the District Court. as the p:t)"llIltntoi
case may be. shall. on the application of the person in charie of the asylum, =~D~"_
make an order for the payment of the cost of maintenance o( the lunatic itt.. of !UlIa!k.
the asylum. and may from time to time direct Ihat any sum of money payable
under such order shall be recovered from the estate of the lunatic or of any
person legally bound to maintain him:
Provided that i( at any time it shall appear to Ihe satisfaction of the Court
that the lunatic has not sufficient property. and that no person leially bound
to mainlain such lunatic has suff.cient mt:tns for the payment o( such cosl. the
Court shall certify the same instead o( makioi such order (Or the payment of
the cost as aforesaid.
(1) An Order under sub-section (I) shan be enforced io the same manlter
and shan be o( the same (orce and effect aod ,ubject to the llIDe appeal as a
I OmUtcl b.. the U,iDII Of R.~ 'A4tptatiOll Of 1o:o.'ft) Onkr. 1M&.
 26 unac:y-
decree made by the Court in a suit in respect of tbe property or person therein
mentioned.
Am~lldm~nt 01 ordu or c~rl;ficQt~.

Ameadmmt 17. If. after tbe reception of any lunatic into any asylum on a reception
oJ order or order. it appears that the order upon which he was received or the medical
certificate.
certificate or certificates upon which such order was made is or are defective
or incorrect. the same rna)' at any time afterwards be amended by the person
or pusons siJ.Ring the lame with the sanction of two or more of the visitors of
the laid asylum. one of whom shall be a medical ollicer.

CHAPTER III.
CARE AND TREATME~",

Vi.sflors
ApPOInt. 1.8. (/) The President of the Union shall appoint for every asylum not
menial less than three visitors. one of whom at least shall be a medical officer..
\"iJiton.
(2) The Insp"tor-General of Prisons shall be a visitor ~z-otficio of all
the asylums within tbe limits of his jurisdiction.
D. Two or more of tbe visitors. One of whom shall be a medical officer.
shall. once at leut in every month.logether inspect every part of tbe asylum
of which they arc visitors. and sec and examine. as far as circumstances will
permit, every lunatic and boarder therein. and the order and certificate for the
admission of every lunatic admitted since the last visitation of the visitors. and
shall enler in a book to be kept for that purpose any remarks which they may
deem proper in regard to the management and condition of the asylum and
the inmates thereof.
IDipectioa 30. (I) When any person is detained under the provisions of section 466 or
01 crilflin.al section 471 of tbe Code of Crinlinal Procedure. - - or
lnalidi by
lD.speclor- under the Burma Army Act. tbe Inspcctor-Geoeral of Prisoos. if sucb penon
G<_~ is detained in a jail. or the visitors of the asylum or any two of them. if he is
Witen.
detained in an asylum. may visit him in order to ucertain bis state of mind;
and be shall be visited once at least in every six months by such Inspector-
General or by two of such visitors as aforesaid: and such Inspector-General
or visitors sball make a special report as to the state of mind of such penon
to the authority under whose order he is detained.
(2) The President of the Union may empower the officer in charge of the
jail in which such person may be detained to discharge all or any of ~he
functions of the Inspector-General under sub-section (J).

..
"' "
db<hu,.
flUll u)'llJm
by " .. ton...
DischoTg~ of lunotics.
31. (I) Three of tbe visitors of any asylum. of whom ooe shall be a
medical officer. may by order io writiog. direct the discbarge of any person
detained in sucb asylum. &lid such person shall thereul=on be discha!'Jed :

.
I (hulUcd by the Uu. 01 Owlml (A.dapiatiop 01 La..) <>';d I94&.
 Lunacy.

Provided that no order under this sub-section shall be made -

I. in the case of acriminallunatic. otherwise than as "rovided by

section 30 of the Prisoners Act.

(1) When such order is made. if the person is detained under the order
of any public authority. notice of the order of discharae shall be inlmediately
communicated to sucb authority.

-_.
31. (J) A lunatic detained in an asylum under a reception order. made on Discbarce of
pe:ition. sball be di!charged if the person on whose petition the rece?tion hmatK::s i ..
order .....as nlade so applies in writing to the pef$On in charae of the asylum :
Provided that no lunatic.shall be discharged under the provisions of sub-
section (J) if the officer in charge of the asylum cerliftes in writing that the
lunatic is dangerous and unfit to be at large.
I (1) -
1 (3) _ - -

33. When any rel3.tive or friend of a lunatic detained in any asylum 0",.. 01
under the provisions of section 14. IS or 17 is desiroes th:r.t such lunatic shall diweharge: 011
be delivered onr to his care and custody. he may make application to the ~-.
olTClathe
authority under whose order the lunatic is detained. ::and such authority. if it fOtdue care
olU>o
thinks fit. in consult::tion with the ~erson in charge of the asylum and with the lun.aU,.
visitors or with One of them being a medic:r.l officer. aDd upon such rdative or
friend entering into a bond with or without sureties for such sum of money as
the said authority thinks fit conditioned that such lunatic shan be properly
taken care of and shall be prevented from doing injury to himself or to others.
may make an order for the discharge of such lunatic. and such lunatic shall
thereupon be discharged.

34. 1f any lunatic detained in an asylum on a reception order made DbcbarJC of

,,-
under section 7. 10. 14, IS or 17 is subsequently found on an inquisition under 5ubxqUClntly
Chapter V not to be of unsound mind and incapable of managing himself and found QQ
his affairs. the person in charge of the asylum shall forthwith, on lhe produc- inqui5ilion
not to be of
tion of a certified copy of such finding. discharge the alleged lunatic frolu the g'>IOtInd
asylum. mind.

Removal of luna/lcs.

33. (J) Any lunatic may, in accordance with any seneral or special order Remo_alof
of the President of the Union. be removed from any asylum established by lunalic. and
ulmlnal
Go,ernment to any other asylum within the Union of Burma. or to any other lunallc._
asylum in [any foreign State] ~ with the consent of the Government concerned:
Provided that no lunatic admitted into an llsylum on a reception order
made on petition shall be removed in accordance with the provisions of this
sub-section until notice of such intended removal has been siven to tbe
petitioner.
1 Olniltnl by the Union of B.lfI.na (Adp~tatjon OIl L~W1) Order, 1948,
1 S 'b:alituled ibi4,
 .8 Lunacy.

(1) The President of the Union may make such general or special order
as he thinks fit directing the removal of any person for whose detention an
order has been made under section 466 or section 471 of tbe Code of Criminal
Procedure, I, or under the Burma Army Act. from the
place where be is fo~ the time being detained to any asy)unl. jailor order
place of safe custody in tbe Union of Burnla I
:ope and re-capture.

""", ...
jUltif:t
36. Every person received into an asylum under any such order as is
required by tbis Act may be detained therein until he is removed or discharged
dctmtion and
re.upture as authorized by law. and in Cafe of escape may. by virtue of such order. be
~II;' no."IOl:. fe-taken by any police-officer or by the person in charge of such asylum. or-
any officer or servant belonging :hereto. or any other person authorized in that
behalf by the said person in charge. and conveyed to and received and
det3inC'd in such asylum.
I

PART IU.

JUDICIAL It<QUISITION AS TO LUNACY.

CHAPTER IV.

INQUISITION.

31-3'.
Notkeof 40. (JJ Notice shall be given to the alleged lunatic of the time and place
time and at .....hich it is proposed to hold the inquisition.
place 01 (2) If it appears that personal.service on the alleged lunatic would be
InQ,\lblllon.
ineffectual. the Court may direct such substituted service of the notice as it
thinks fit.
(3) The: Court may also direct a copy of Such notice to be served upon
any relative of the alleged lunacic and upon any other person to whom in the
opinion of the Court notice of the application should be given.

P wer. 01 41. (J) The Court may require the alleg~d lunatic to attend at such
C lIf tin convenient time and place as it may appoint for. tho purpose of being
relpe.;l of personally examined by the Court. or by any person from whom the Court
aUendal\~J;
and 1;1:un11l:l' may desire to have a.report of the mental capacity lind condition of such
lion of alleged lunatic.
lllnatic.
(2) The Court may likewise make an order authorizing any person or
persons therein named to have access to tbe alleged lunatic for the purp?se of
a personal examination.
.-----:-~:-:-::--~------~-
wwsj
.
I Omit'ed by the Uoion ofjOurma IAcbloblbl "'l Order. 1~8
 20
4%. The attendance and examination of the alleled lunatic under the Ru.lu
pro"isions of section 41 shall. if tbe alleged lunatic be a woman who. according ~:,:'~
to the manners and customs of th~ country. ouCht not 10 be compelled to and cUllliPo
appear in pu~lic. be [e~~lated by the law and practice fOr the cuminalion of ~c~~.
such persons In other cIvil cases. illk'Jed to be
hlDatK.
43- 55. ..
56. (J) If it appears to the Court. having regard to the situation and Pow: to
condition in life of the lunatic and his family and the other circumstances of ~aty for
the case. to be expedient that bios property should be"'made available for his hm~~c"
or their maintenance in a direct and ioupensive ma:ner. it Olay. instead of =~ml;e
appointing a manager of the estate. order that the property if money. or if of .I'poin~c
any other description the produce thereof when realized. be paid to such penon ~~.
as the Court may think lit. to be applied for the purpose aforesaid.
(2) The receipt of the penon so appointed shall be a valid discharse to
any person who pays any money or de~ivers any property of the lunatK: to
Juch person.
57-58.
59. If it appears to the Court that the unaoundnesa of mind of a lunatic Power to
is in iu nature temporary, and that it is expedient to make temporary provision apply
property
for his maintenance or for tbe maintenance of such membetl of his fanlily as for ItIIlatic'.
are dependent on him for their maintenance. the Court may. in like manner u mainl~ce .
under section 56, direct his property or a sufficient part of it to be applied for ia t:UC: of
tbe purpose aforesaid.
~1_
""'''''''
IIlIlac,.;

CHAPTER V.
P).OCEEDINOS IN LUNACY.

Inquisition.
61. Whenever any person is possessed of property and is alleged to be a Power 01
lunatic, the District Court within whose jurisdiction such person is residing ~strlet
may. upon application I, by order direct an inquisition for the purpose of In:ill~t~
ascertaining whether such person is of unsound mind and incapable of manas- InqU~iliQD
"Ing h"ImseIf an d h"IS a ff'
alts III to flCl"IOIll
al1eg6'l to be
lunatic.
63. (J) Application for such inquisition may be made by any relative of Application
the alleged lunatic or by any curator appointed under section 195 of the by whom to
be lDade.
Succession Act (hereinafter referred to as the curatod, Or by the Government
Pleader, as defined in the Code of Civil Procedure, or if the property of the
alleged lunatic consists in whole or in part of land or any interest in land. by
the Collector of the district in which it is situate.
(2)

1 Yor thc manner in which 3ppliCIIllont are '" be m.adc, ICe .~ GfIrdj" 1940, P:IJt
IV, J'I(C 2011.
 30 Lunacy.

Regulation 64. The provisions of sections 40. 41 llnd 42 shall regulate the proceed-
of proceed- ings of the District Court with regard to the matters to which they relate.
ings of
District
Colnls.

Inquisition 6S. (J) The District Court. if it thinks fit, may appoint two or moro
by Distri"t persons to act as assessors to the Court in the said inquisition.
Court and
finding (2) Upon the completion of the inquisition. the Court shall determine
tl,ereon. whether the alleged lunatic is of unsound mind and incapable of managing him-
self and his affairs. or may come to a special finding that such alleged lunatic is
of unsound mind so llS to be incap;l.ble of managing his affairs but that he is
capable of managing hinuelf and is not dangerous to himself or to others.

Inquisition 66. (1) If the alleged lunatic resides at a distance of marc than fifty
by subordi_ mi!es from the place where the District Court is heed to which the application
nate Court
on commis- is made. the said Court may issue a commission to any subordinate Court to
lion illucd make the inquisition. and such subordinate Court shaH thereupon conduct the
by District
Court and inquisition in the manner hereinbefore provided in this Chapter.
proceeding. (2) On the completion of the inquisition the subordinate Court shall
thereon.
transmit the record of its proceedings y, ith the opinions of the assessors. if
as~eS50rs i1a~'e been appointed. and its own opinion on the case; and the
District Court shall thereupon proceed 10 dispose of the application in the
manner provided in seeiion 65. sub-section (2):
Provided that the District Court may dirct:t the subordinate Court to
make such furlher or other inquiries as it thinks fit before disposing of the
application.
Judicial powers over persoll and estate of lunatic.
Cu&todyof 61. (J) The Court may make orders for the custody of lunatics so found
lunJtics an<.l by inquisition and the management of their estates.
m;m';:enle"t
of their (2) When upon the inquisition it is specially found that the person to
eltates. whom the inquisition relates is of unsound mind so as to be incapable of
managing his affairs. but that he is capable of managing himself and is not
dangerous to himself or to others. [he Court may make sueh orders as it thinks
fit for the man:lgement of! the estate of the lunatic, including proper provisions
for the maintenance of the lunatic and of such members of his family as are
dependent on hir.\ for maintenance. but it shaH not be necessuy to make an y
order :IS to the custody of the person of the lunatic.
68. " "
Power \0 69. (J) If the estate of a lunatic so found consists in whole or in part of
direct land or any interest in land. the District Court may dirct:tlhe Collector to take
Collector to
take ~h"rl:e charge of the person and estate of the lunatic:
of l'er~oD
and ellale Provided that no such order shall be made without the consent of the
01 lunatic in Collector previously obtained.
..
certain
~
 Lunacy. 31

(2)' The Collector shall thereupon appoint a mananger of the estate. and
may appoint a guardian of the person 01 the lunatic.

10. All proceedings 01 the Collector in regard to the perlOn or Cltate of Conlrol over
a lunatic under this Chapter shall be subject to the control of the President proceeding.
of the Union or of such authority as he'may appoint in this behalf. of Collector.

71. (0 In all other Cases the District Court shall appoint a manager of
"""'~ of
the estate of the lunatc and may appoint a guardian of his person: Dillriet
Court to
Provided that a District Court may. instead of appointing a manager of .ppoint .
the estate of a lunatic. exerci~e any of the powers conferred on the Court ~aardian ana
manager and
under sections 56 and 59. tlke .ecllrlly
f~m
(2) Any person who has been appointed by .the District Court or manarer
CollectC'r to manage the estate of a lunatic shall. if so required. enter into a
bond in such form and with such sureties as to the Court or the Collector. as
the case may be. may seem fit, engaging duly to account for what he Rlay
receive in respect of the property of the lunatic.

12. The legal heir of a lunatic shall not be appointed to be the guardian Re,triction
of the person of such lunatic unless the Court or the Collector. as lhe case on appoint-
ment ollep!
may be. for reasons to be recorded in writing. considers that such an appoint- helro!
ment is for tht' benefit of the lunatic. lunatic 10 be
guardlaoof
his perlan.
13. A guardian of the person of a lunatic or a manager of his estate Remunera_
appointed under this Chapter shall be paid such allowance. if any. as the tion of
Court or the Collector. as the case may be. thinks fit for his care and pains in manager.
~d
the execution of his duties. ,uardianl.

14. l/) The person appointed to be guardian of a lunatic's person shall Dutiu of
have the care of his person and maintenance, guartliaa.
(2) When a distinct guardian is appointed. the manager shall pay to the
guardi'ln such allowance as may be fixed by [he District Court or the Colle<:tor.
as the case may be, for the maintenance of the lunatic and such members of
his fa::nily as are depen;ient 0;\ hinl for their maintenance.

1S. (T) Every manager of the estate ot a lunatic appointed as aforesaid may Powen of
exercise the same powers in the [;lanagement of the esiate as might have been ll'tIlIater,
ex.ercised by the proprietor if not a lunatic. and may collect and pay all just
claims. debts anu liabilities due to or by the estate of tbe lunatic;
Provided that no manager to appointed shall without the permission of
the Court
(a) mortgage. charge, or transfer by sale. gifl. exchange or otherwite
any immoveable property of the lunatic. or
(b) lease any such pfoperty for a term exceeding five years.
 32 Lunacy.

Such permission may be granted subject to any condition Or restriction which

the Court thinks fit ,0 impo!e.
(1) Before granting any such permission. the Court may cause notice of
the application for such permission to be served on any relative or friend of
the lun3tic. and m3Y make or cause to be m3de such inquiries as to the COllrt
m::r.y feem necessary in the'interests of the lun3tic.

J.h.n~i:cr 10 76, (I) Every person appointed by the District COllrt or by the Collector
'"rnbh
In,cnlor)' to be manager of tl:e estatc of a lunatic shall. within six months from the date
and annual of his appointment. deli"er in Court or to the Collector. as the case may be.
aecounls.. _
an inventory of the immoveable property belonging to the lunatic and of all
such nloney. or other moveable property. as he may receive on accollnt
of tbe estate. together with a statement of all debts due by or to the same.
(2) Every sllch manager shall also furnish to the Court or to the Collector
3nnually. within three months of the close of the year of the era current in the
district. an 3ccollnt of the property in his charge. exhibiting the sums received
and disbursed on account of the estate and the balance remaining in his hands.

l'r'>Cf01<l!ngs 77. If any relati"e of the lunatic. or the Collector by petition to the Court.
il ~cc"r.,y irr,pugns the accuracy of the said imentory and statement. or of any annual
of ;n>.."t",y
or ~ccounl. account. the Court may summon the manager and inquire ~uml'llarily into the
l,imPUJl:ntcl matter and make such order ther~o~ as it thinks fit : or the Court. lit its dis-
cretion. may refer any such petition to any subordinate Court. or to the
Collector if the manager was appointed by the Collector,

Pa)....fnt ,P. All sums received by a manager on aecaunt of any estate in eXCC!1
;nlO public
!lUlury ;and of what may be required for the current expenses of the lunatic or of theestate
iny,lIment shall be paid into the public treasury on account of the estate and shall be
<f t'foc:ecds
;0( emole.
invested fr~m time to lime in any of the securities specified in section 20 of
the Trusts Act. un!e$S the Court or the Colltetor. as the case may be. for
reasons to be recorded in writing. directs that such sums be in the interC!t of
the lunatic otherwise invested or applied.

1~"latiye 79. Any relative of a lunatic may. with the leave of the District Court.
may '"" br sue for an account from any manager appointed under this Chapter, or from
lin ..ccounl,
any such person after his removal fronl officc or trust. or from his legal
representative in case of his death. in respect of any estate then or formerly
under his care or managenlent or o( any sums of money or other property
recc:i...cd by him on account of sucb estate.

RClI'cno;al 01 80. (I) The District Court. (or any sufficient cause. may remove any
,,.
m"nlll:cn
Inanager appointed by it not being the curator. and may appoint such curator
gu;t,rcli:an&. or any other fit person in his place. and may compel the perSOn so removed to
makt over the property in his hands to his successor. :cnd ::> account to such
successor for all money received or disbursed by him.
 Lunacy_

(2) The Court may also for any sufficient cause remove any zuardiaD of
the person of the luniltic: appointed by it, and may appoint any otbertit perIOD
in bis place.
(J) The Collcctor. for any sufficient cause. may rCDlove any manager of
the estate of a lunatic or guardian of the person of a lunatic: appointed by him.
and may appoint any other lit person in place of such manager or guardian;
and the District Court. on the application of the Collector, may compel 2.ny
lOanager removed under this section to make over the property and all accounts
in his hands to his successor and to account to such successor for all money
received or disbursed by him.

81. The District Court may impose a fine Dot exctcding 6\'e bundred P"IOIllyon
rupees on any manager of the estate of a lunatic "'bo wilfully neglect! or refuSC$ :::~::r
to deliver his account,; or any property in his hands within the time fixed by delinr'
the Court. and may realize such fine IS if it were a sum due under a decree ac.,;OUD~ or
of the Court. and may also commit the recusant to the civil jail until be rroper r
delivers such accounts or property.

81 (I) When any person has been found under this Chapter to be of l"roCftdinl'
unsound mind. and it is subseque:ltly shown to the District Court that there ~~~;;:.~:
is reason to believe that such unsoundness o( mind has ceased, such Court l>et nide
nlay make an Or d er for inquiring whether such person IS . still of unsound If ""ml find.
lhat lh~
mind and inco.pablc of managing himself and his affair". I\nllO"ndnf~'
(1) The inquiry shall, as far as may be. be conducted in the same ~~~~~ hi'l
manner as is prescribed in Ihis Chapler for an inquisilioh into the unsound-
ness of mind of an alleged lunatic. and if it is (ound that the un50undneu of
mind has ceased. the Court Sh;lU Order all proceedinp in the lunacy to cease
Or to be set aside on such terms and conditions as to the Court may seem fit.

83. An appeal shall lie to the High Court hom any order made by Alop.;.. r..
a District Court under thi~ Chapter.

PART VI.
MISCELLANEOUS.

CHAPTER VI.

EsTABLISHMENT OP ASYLUMS.

84.. The President of the Union may establish Of license the establish- I'rnhkllt
ment of asylums al such places as he thinks fit if he is satisfied that PfO\'ision ~~ or;'"b.
bas been Of ..... ill be made for the curative treatment tbf"r"ein of persons suffer- lia-nce the
. f rom menta I d'Iscases,
Ing
.....
eabhlilb-
,or" '>f
~

3
 3. LUMey.

Power to I4A. If in any licensed asylum no provision tor curative treatment hal
Q1ncd been made. or the President of the Union considers Ihal the provision made
IICmce:i!
provi!ion is insufficient. the Pceiidenl of Ihe Union Play require the per~on in charge
lor cu""liwe of the asylum 10 take such measures for making or supplementing such
trealment il
inluflidc"t. provision 35 he may deem necessary. and. if such person docs not comply
witb the requisition within a reasonable time. the President of the Union
may revoke tbe liceDC~

Pf\Wi';on 15. The Magistrates or Courts exercising jurisdklion under this Act
lor admil. ~ may send lunatics or any class of lunatics 10 any asylum situale in
.1on of
luft3ltkt i. [any foreign State]l in accordance ....ith any general or special order of the
uylullU President of the Union made in that behal( with the consent of the Govern-
ouuidot the
Union of Dlent concerned.
~arm~ CHAPTER VU.

_..
Paymcm. ("f
ExPENSES OF LuNATICS.

U. (I) When any lunatic is admitted to a licensed asylum under a recep-

munlenan(e tion order or an order under seclion 25. and no engagement has been tllken
in i1unled from the friends or relatives of the lunatic or order mad~ by the Courl for the
"')'Iull'lll I. payment of e"penscs under the provisions of this Act. the cost of maintenance
ee:rtlin
<~by of sueh lunatic shall. subjec:t to Ihe provision of any law for the time being
CO\"en, in force. be paid by the Government 10 tbe penon in charge of luch asylum.
menl.
, (2)

''lPlieaii. n 11. Any money in the poueslion of a lunatic found wandering at large
pro('CTly may be applied by the Magistrate towards the payment of the COsl of main-
in 1M:
POUts$lon tenance of the lunatic Or of any other e"penses incurred on hil behalf. and
of a lunatic any moveable property found on the person of the lunatic may be sold by the
f"und
wanOOID,. Magistrate and the proceeds thereof similarly applied.
Al'l'lication IS. If a lunatic detained in an alylum on a reception order made under
to eMl seclion 14. seclion 15 or section 17 has an eslate applicabletobis maintenance.
Coult 101"
orde:. for the or if any person legally bound to maintain such lunatic bas the means to
I'aym"nl of mainlain him. the authority which made the reception order or any local
COtl III
malnlenance authorily liable for the co.t of maintenance of luch lunatic under any law fOr
0,,1 of the the time being in force may apply 10 the High Court or District Court.
lunatic's
"talc. or by within the local limits of the original jurisdiction of which the estate of the
pUlon lunatic is situale or the person legally bound to maintain him resides. for an
bound to
",.inlaln order for the payment of Ihe cost of maintenance of the lunatic.
him.
Order nl 8'. (I) The Court shall inquire into the matter in a summary way.
Court "nd and on being satisfied that sueh lunatic has an estate applicable to his
e:nlon;emcnl
lm:rec.'. maintenance. or that any person is legally bound to maintain and has the
means of maintaining luch IUDatic. Dlay make an Order for the reco\'ery of the
cost of m1inlenance of such lunatic. together with the costs of tbe application
out o&.luch estate or fr.:>m such perao~
I Sut.tilute:d by U,e: Union 01 BIII"IDI(4daptallon of taw.) Order 1948-
1 Oll'illed it;d.
 Ulnaey.

(1) Such order shall be enforced in the same manner. and sball be or the
same force and effect and subject to the same appeal. as a decree made by tbe
said Court in a suit in respect of the property or penon therein mentioned.
90. The liability of any relati ...e or penon to maintain any lunatic shAll &'Yia,oI
lilobility 01
not be taken away or affected by any provision contained in tbis Al;&. rtutiyU to
I'ftloinlloin
IUQloti~
CHAPTER VIII.

RULES.

91. (J) The President of the Union may make rules for all or any of tbe Power 0&
Prerio"",llo
followin& purpo~es. namely :- lUke rokL
(a) to prescribe fonDS for any procccdinJ UDder tbis Act otber tban a
proceetling before the High Court :
(b) to prescribe places of detention and reJulate the care and treat-
ment of persons detained under sC(:tion g or section 16 :
(eJ to regulate the detention. care. treatment and dischule of criminal
lunatics:
(d) to regulate the management of asylums and the care and custody
of the inmates thereof and tbeir transfer from one asylum to
another;
(to) to regulate the transfer of criminal lunatics to asylums:
(0 to prescribe the procedure 10 be followed by District Courts and
Magistrates before a lunatic is sent to any asylum established by
Government:
(g) to prescribe the asyluDis established by Government towhicb luna-
tics from any area or any class of lunatics sball be senl :
(h) to prescribe conditions subjcct to which asylullls nlay be licensed:
(i) sa\'e as otherwise provided in this Act. generally to carry into effect
the provisions of the Act.
(1) In making any rule under this section. the President of tbe Union
may direct that a breach of it shall be punishable with fine which may extend
to lift) rupees.
91. All rules made under section 91 shall be published in the Gazette. I'ublkalloa
of rIIln.
and shall thereupon have effect as if enacted in tbis Act.

CHAPTER IX.

SUPPLEMENTAL PROVISIONS.

93. Any person wbo-

(a) otherwise th:ln in accordance wilh the provisions of tbis Act receives
or detains l\ lunatic: or aJlesed lunatic: in an asylum. or
 36:

Ib) for ~ain detaiu t.....o or moce lunatics in :lny place nut being an
asyhllll.
shall be runi~hable witll jt1[iri~ollnlent \\hich may extend to two )'eal'$. or with
fine. or with Oolh.
Pro\'I.lons 94. Thc pTo\'isions of ChapteT XLlI of the Code of Crimioal Procedure
3. to bUflllll.
ShlllJ, so r;u as m3) be, apply to bO.lds ukc:n under this Aet.
l~n~;t.'fl 01 95. CJ) Wilell ;)11)' Stirn is p;)'able in respect of pay. pension. gratuity. or
hm~lle
ray:lb:Cl br other ~.imil:'\r ~lIownnec 10 :any p<'Tson b}' G(l\'oernment OIrld Ihe person Towhom
CO'~,n~L lhe sum is p::I)'uble: is celtificd by :l. Pl-b;istr:atc to be lL lunatic. the Government
officer under whose ::Iuthority such sum would be p~yable if lite p3)'ce were
nOI a IUIlOllie may POl)' so Illucb uf (be said sum lis hc lhinl.:s lil 10 the person
h::l\'ing char;e of the lunatic. :lond m::lY pay the: surplus. if :any. or such part
thereoF as he thinks fll. for lhc mainlen::lnee of such members of lhe: lunalic's
f.:llllily as ;Ile dependent on him for maintcnance.
fl).. " '$ I The Gnvernment shall be discharged of all

liabilit) in respect of an)' :trnOUIlIS paid in accordance with lhis section,

t'IC 011GlU1. 96, Subject tn any rules. the forms .!ct (Ortll in the Firsl Schedllie. with
h, :Srhedul~.
sueh \'llIialion as thl: circulllst3nces of e;leh case mal" rCCluire. shall be used for
the: rc:~pcctive purposes thClcin mentioned. and if used shall be sufficienl:
P'ottctioll 97. No suil. prosecution or other le~..1 proccoedings shulllic against .W)'
II~
:lCtll' \ll,<Jcr persOli for all)'lhing which is in good (:ailh done: or inlended 10 be dOne undc;
Ad. IhisAct.
I 911- .100
SCHEDULE I.

FOkMs.

(.'ire srt~/jmJ 96.)

FORM I.

Apf11ic-atiiJlf lor Rccc'pticJII Ortler.

(S.(' scrtiol/J 5 ml,t 6.)

In the mailer of A.8. Pl. residing at b)' oecupatiun son of

: :1 person alltted to be a lunatic.

To
District l\-1:lgistTntc or
~bsistrate of
or SubDivisional
or Magistrate specially empowered under the Lunac}' Act ror
ll} ""lllUmt.(';ut~;uJdt;llc;;.
 LuttaC1. 31
The petition of C.D. Pl. residing at by oc.copatioa
son of in the town of [0' svtMSivisioo
of in the district of 1.
t. 1 am M years of age.
2. I desire to obtain an order for the reception of A.B. as a lunatic in
the asylum of ' ,situate at f']
3. I last law the said A.B. at on the (I] day of
4. I aOl the ['] of the said A.B.
[0, iJ the retitione, is II0t a relative oJ the patlen' sla'e as Jollows.]
I am not a relative of the said A.B. The reasons \\'hy this petition i.
flot presentcd by a relative are as follows: [State them.]
The circumstances under which this petition i. presented by rr.e arc U
(ol1ow. : lStau them.]
5. The persons signing the medical certificates which accompany the
petition arc lr.].
6. A statement of particulars relating to the pid A.B: accompanies this
petition
7. lIJ that is the Joet.] An application for an inquiry into the mental
capacity of the said A.B. was made to the on the and
a certified copy of the order made on the said petition is annexed hereto.
[Or if tlrat is the lacl.]
No application fOr an inquiry into the mental capacity of the said A.B.
bas bcc:n made previous to this application.
The petitioner therefore prays lhat a reception order may be made in
accordance with the foregoing statement.
(so.) C.D.
The staten:ents contained or referred to in paragraphs are true
to my kno\\led&c ; the other staten:ents are uue to my informatio~ and belief.
(SO.) C.D.
D.lltJ

(lJ FilII name, e:'\Ste and lilks,

III Enter the >lumber of COlnpl~e<I ye:l.r., TI,e petillonc:r mllst be d Ie. t eighteen Of twent)"
One whichever i. the ;'ge of majority umler the law 10 which lbe pell:loner is Bubje.::l.
{"l Insert full duerlplinn of the name and I~alily of the asylum or the name, add,.. and.
ckso.:ription 01 the penon ill dl.1rge 01 Ule :li~lllnl.
['J A day withl" It days before the date of the praentaUoll 01 the petition is reQOI.lI.
['I Here state the rel;ltionship wllh the pallent,
IJ Here stale whether either of the peilOllS sig,ung the med.k;;ll cutficate is a rdall..." partMr
or as.istant of the lunatic 01 of the pClillulICI" and, if ;& rel:JIi"e 01 dlhCT, the ell:l/;t r dali'll1ship.

Statement 01 particulars,

(JI art)' of 'he partic.dars in 'his slutemt'nt is nut knuwn, the lact to b~ .so
stuted.]
The {allowing is a statement o{ particular. relatill& to the sail! A,S.
Name, o{ patient at length.
38 Lunacy;

Sex and age.

Married. single or widowed;
Previous occupation.
Caste and religious belief. as far as known.
Residence at or immediately previous to the date hereof.
Names of any Dcar relatives to the patient who arc alive.
Whether tbis is first altack of lunacy.
Age (if known) on first attack.
When and where previously under care and treatment as a lunatic.
Duration of existing aUack.
Supposed cause.
Whether the patient iii subject to epilepsy.
Whether suicidal.
Whether the patient is known 10 be suffering from phthisis Or any form
of tubercular disease.
Whether dangerous to others. and in what W3}"
Whether any ncaf relative (stating the relationship) has been afflicted
with insanity.
Whether the patient is addicted to alcohol. or the use of opium. ganja
charas. bhang. cocaine or other intoxicant.
The statements contained or referred to in paragraphs are true
to my knowledge. The other statements are true to my information and
belief.
Signature by person making 'he sta'ement.

FORM 2.
Rtception Ordtr on Peti'ion-
(Set lectioflS 7. 10.'
1. the undersigned E.F. being the District Magistrate of or.
the Sub-Divisional Magistrate of or a Magistrate of the first class
specially empowered by Government to perform the functions of a Magistrate
under the Lunacy Act. upon the petition of C.D. of [I] in the matter of A.B.
(I] a lunalic. accompanied by the medical certificates of G.H. a medical
officer. and of J.K . a medical practitioner [or medical officer]. under the
said Act. hereto annexed. hereby authorize ynu to receive the said A.B. into
your asylum. And I declare that I have [or have not] personally seen the said
A.B. before making this order.
(Sd.) E.F.
(Designatio" lli .~t.1
To{']

(Il Addr~ and descripllou.

[ll To t:c _dr~ 10 the 08ker or peaoal In dlU&e vi the 1I)'1wn.
 l.wtD<y.
FORM 3.

M"dical CUli/iCQu.
(Stl' StctlOtu 13. 19,)

In the matter of A.B. of [lJ in the town of (OT the

sub-division of in tbe district of 1 an alleged lunatic.
I. the undersigned C.D.. do hereby certify a. follows : -

t. I am -~="OdC'''::':"C'O~'=i~-'-'"Cffi<=~CC'
- =c'-""'::'-~-':-''"''-:,:-'citC---:;C'7~-''~'''':-:--by:....;"c''--'''''''=
""...
a holder of rJ II" de:lned by the PrQickDt of lhc Ullion to h a tDCdieal
IheUnio"tobeamedic::ll<lfficcr.....xrthcLa:a;w:yAd__ ..l I . the I I . of
iUN am LD ac ua practice
pr;o.ditioftc:r linda the LunaeJ Ad
the medical profession.
2. On the day of 19 at
m'
l J
I..
In tm: - - 0
10.... f {ur the
Y1lbgc
subdivision of in the district of ] (separately from any
other puctilioner) (I). I personally examined the u.id A.B. and came to the
conclusion that the said A.B. is a lunatic and a proper petson to be lakeD
charge of nnd detained under "Care and treatment.
3. 1 formed this conclusion on the following grounds. viz.:-
(a) Facts indicating insanity observed by my,elf. vi:.:-
(b) Other facts (if any) indicating insanity communicated to me by
others. ~iz.:-llue state the information and from whom.
(S<!.) C.O-

['} Inserl n,i<!ence of (\lIKllt

ll)c,it."tlft .. , .t.,...)
(I InKl'I qllalifio... . tiun to JI"'IlClI.1e ,n,dlclnt: ud 'UTefl'}' n,iltublt: itl the Uuiled Kinedoln.
[OJ Inil<o:ft r1~" uf Cll;un",;l1ion
{'J O,nit thi, wh,:r" ooly one: eullhcale i. -t:qlli,ecL

FORM 4. I

FORM 5.
Reception order in cou 01 .",.and~ring or dangtrous lunQtk~ or lunatics not
under proper control or cruelly ,utJl~d (sent to an asylum tstablish~d by
Government).
(See s~ctions 14, IS. 17.)

I, C.D.. Commissioner of Police for Rangoon [or tbe District Magistrate

of ur the SubDi...isional Magistrate of or a Ma&istrate
specially empoYlered by the President of the Union under tbe L\lI1acy Act}

I o.l~itled by the Unioe ol UlIflna (AdapWioll of Law.) Order. 1941.

having caused A.B. to be examined by E.F.. a Medical Officer under thl!
Lunacy Act. and being satisfied that A.B. (describing himJ is a lunatic who
""as wandering at large for is a person dangerous by ru!on of lunacy] (or is a
lunatic 'not under proper care and control or is cruelly treated or neglected by
the person having the care or charge of him] and a proper person to be taken
charge of and detained under care and treatment. hereby direct you to receive
the said A.B. into your asylum.
(Sd.) C.D.

CMlc<t lIu
To tbe Officer in charge of the asylum at

FORM 6.

Same when sent to a licensed asylum.

I. C.D.. (as above down 'a .. care and treatment") and being satisfied
with the encagement entered into in writing by G.H. of (htre ;,uu' address
and description] who has desired tbat tbe said A.B. m;ly be sent to the
a~ylum ;It (here inser' description of as)'lum and name of 'he person
in charge) to pay the cost of maintenance of the said AB . in the said asylum.
hereby authorize you to receive the said A.B. into your asylum.
(Sd.) C.D.

To the person in charge of the asylum at

FORM 1.

Bcmd on the muking over of a {UMtiC 10 the care of relative or friend.

(See .sec';ofU J4, 15. 17.)

Whereas A.B . son of inhabitant of has been brought

up before C.D. Commislioner of Police for Rangoon [or the __D~t..::!=!._
Sub-Di\ i$ion~1
Magistrate of or a Magistrate of the first class specially empowered
under the Lunacy Act] and is a lunatic who is believed to be dangerous (or
deemed to be a lunatic who is not under proper care ami conlrol (lr is cruelly
treated Or neglected by the person having the char&e of himJ and whereas
I. E.F. son of inhabitant of have applied to the Magistrate
[or Comminioner of Police]. ~hat the said A.B. may be delivered to my care:
 41
LUhacy.

I. E.F.. abovenaroed hereby bind myself tbat on the said A.B. beilll
made over 10 my carc. I will have the said A.B. properly taken cau of aRei
prevented from doing injury to himself or to others; and in case: of my
making default therein. I hereby bind m)'self to (orfeit to [tbe State] I the aum of
rupees
Dated this day of 19
ISd.) E.P.
(Where Q bond with surcriC8 it to be uuud Ddd)-We
do hereby declare ourselves sureties for the abovenaDled E.F. that be will. oa
the aforesaid A.B. being made over to hi, care. have the laid A-.B. properly
laken care of and prevented from doing injury to himself or to otbers : and in
Caie of the said E.F. making default therein. we bind ouncivel. jointly aDd
sevcrally. to forfeit to [tbe State) I tbe sum of rupotJ
Dated tbi. day of 19

FORM 8.

Bond on 'he djsc/'llT~ of a lunatic from lUI IUltum on tM ,mdertaking of

relative or lriendlo lake due care
(Su section 33.)

Whereas A.B. son of inhabitant of is a lunatM:

who is now detained in the asylum at under an order made by
C.D.. Commissioner of Police for Rangoon (or the District Magistrate of
Subdi ,Isional
or a Magistrate of the first class specially empowered under the
Lunacy Act) under section 14 (or section 15) of the Lunacy Act. and whcren
I. E.F. son of inhabitant of . have applied to the nid
Magistrate (or Commissioner of Police) tbat the said A.B. may be delivered
to my care and custody:
1 hereby bind myself that on tbe laid A.B. being made over to my care
and custody. I will have him properly taken enre of and prevented from doing
injury to himself or to others: and in case of my nlaking default thereiD.
1 hcrcby bind D.Iyaelf to forfeit to [the State] 1 the sum of rupen
Dated this day of 19
ISd.) E.P.
(Where a bond lrith sureties is 10 be executed add}-We
do hereby declare ourselves sureties for the abovcnamed E.F. that he will. on
the aforesaid A.B. being delivered to his care and custody. have the said A.B~
properly taken care of and prt'~ented fronl doing injury 10 himself or to other' ;
and in case of the said E.F. making default therein. we bind ourschCl.
jointly and severally. to forfeit 10 [the State}' the sum of rupees
,Dated this day of 19

I SulJatituted by the llpioa 01 Hurlll:l t"d.~pu.tloll Qf L)ws) Order, lY'Q.

f.
THE BIRTHS, DEATHS AND MARRIAGES
REGISTRATION ACT.

CONTENTS.

CHAPTER I.

PRELIMINARY.

Sections.
I.
,.
2.
Definitions.
f Saving of local taws.
5.
CHAPTER 11.

GENEIl.AL REGISTlt.Y OFFICES OP BtaTHs. DEAnlS AND M"J.'UAGES.

6. Establishment of general registry offices and appointment of Registrat'

General.
,. Indelles to be kePt at general registry office.
8. Indexes to be Open to inspection.
9. COpiC3 of entries to be admissible in evidence.
10. Superintendence of Registrars by Regislrar-General.

CHAPTER Ill.

REGISTRATION OF BlkTHS ANU DEATHS

A~Appljcation 0/ this ChaptfiT.

t I. Persons whose births and deaths arc registrable.

B.-Registration E.rtablislmlent.
12. Power for President to appoint Registrars.
13.
14 Registrar to be deemed a public scrvant.
15. Resignation of Registrars.
16. Office and attendance of Registrar.
17. Absence of Registrar or vacancy in his office.
18 Register books to be supplied and preservation of recorda to be
provided for.
 Births, bea'~ QIId. Marrja~s Regislfll/iOll.

C ,-Mode of Reg;ltrQlio",

sti01l$.
19 Duty of Registrar to register births and deaths of which notice i. JiveD'
20. Persons authorized to give notice of birth.
21. Persons authorized to give nolice of death.
22 Entry of birth or death to be signed by person giving notice.
23. Grant of certificate of regislralion of birth or death.
24 Duty of Registrars as to sending certified copies of enlcies ill repster
books to RegistrarGenera].
2~. Searches and copies of entries in register books.
26 EJlceptional provision for registration of certain births and deaths.

D.-Penally for Faile Information.

27. Penalty for wilfully giving false information.

E.-Correction of Errors.

28. Correction of entry itt register of births or death

CHAPTER IV.

AMENDMENT OF MAuLAG! ACTS

29-31 .

CHAPTER V.

51'ECtAL PROVISIONS AS TO CERTAIN EXISTING REOISTERS

32-35A.
CHAPTER VI.
RULES.

36. Rules.
 THE BIRTHS, DEATHS AND MARRIACES REGISTRATION ACT.

[INDIA ACT VJ. 1886.) (1st O(:tober. 1888.)

CHAPTER I.

,.
hfLlMINAkY.

I,.
J. In this Act. unless there is something repugnant in the subie~l or
contut,-
.. prescribed" n!cans prescribed by a rule made by the President of the
Union under this Act; and
.. Registrar of Births and Deaths I t means a Registrar or Births and
Deaths appointed under this Act.
Sadnc of 4. Nothing in this Act. 01 in any rule made under this Act, shall affect
loc.,1 ]a.......
any law providing for the registration of births and deaths within particular
local areas.
5.
CHAPTER II .
....e.."- " _ ~. _.ft ~ ~ ..n__.n__
E.labli.... 6. (1) The President of the Union-
ment of
I:~ ..o:nl (a) shall establish a general registry office for keeping such certified
rrl!ill.,.. copies of registers of births and deaths regis'ered under tn;s
<;1Iico.. and
;af'POinh..o:nl Act. or marriages registered under the Special Marriage Act. or
of Rtrilll.ar the Christian Marriage Act. or under the Parsi Marriage and
Gmc,~1
Divorce Act. as may be sent to it under tbis Act. or under aoy
of the three last-ment;oned Acts. and
(b) may appoint to the charge of that office an officer. to be called
the Regi~lrarGeneral of Births. Deaths and Marriages.
(2)

lndt.", tn 7. The Registr'J\r-Oeneral of Births. Deaths and Marriages shall cause

be k.pl ;II indexes of all the certified copies of feg(~ters sent to his office to be made and
eenc",l
U'J(i,lry kept in his office in the prescribed form.
om;e.

ludell" to 8. Subject to the payment of the pre:cribed fees. the indexes so made
he Of'l.''' to shall be: at all reasonable limes open to inspection by any person applying to
i1.I"",U.Wl.
inspect them. and copies of entries in the certified copies of the registers to
wbich the indexes relate shall be given to all persons applying for them.

I Olljt!ed b)' the Unkm of lJunna (Ad:I("4atioo 01. LawI' Order. I~.
 Bir,hs. Death, alld Marriages Rtgistnllioll.

,. A copy of an entry givtn under the last foregoing section mall be ~I of

..
C',,"lel 10 be:
certified by the Registrar-General of Births. Deaths and Marriages. Or by a. adll,i;'\ble
officer authorized in this behalf by the President of the Union. and shall be innideau..
admissible in evidence for tbe purpose or proving the birth. death or marriage
to which the entry relates.

to. The Registrar-Oeneral of Births. Deaths and Marriages shall exerc:ise S lPlTin-
1~lIdcnce of
a general superintendence over the Registrars of Births aDd Deatbs. ..egistr:lrl
by R~gstru
GenCTll1.
CHAPTER III.

'REGlSnATION OF BlaTHS AND DEATHS.

A..-Application of this Chapter.

11. (I) The persons whose births and deaths shall. in the first instance. PcrSlll11
be registrab!e under this Chapter arc the following. namely :- whose births
:md duth,
(a) in the Union of Burma. the members of every race. sect or tribe arc regi...

,. lia X.
IllliS.
to which the Indian Succes~ioD Act. 1865. 1 appl;es. aDd in Irabk
respect of which an order under stetion 332 of that Act is not
for the time being in force. and all persons professing the
Christian religion;
I(b)
(2) But the President of the Union. by notificatioD in the Gazette. may
extend the operalion of Ihis Chapter 10 any other class of persons either
generally or in any local area

B.-RtgistrQlion Establishment.

12. The President of Ihe Union may appoint. either by name or by Pvwer f,)('
Pres.id~1I1
virtue of Iheir office. so many persons as he thinks nccessary 10 be Registrars t" Jppoitil
of BirThs and Deaths for such local areas within the Union of Burma as he R,gilt~rI.
may define and. if he sees fil. fOr any class of persOns within aDy part of the
Union of Burma
Ii 13.

--,
14. Every Registrar of Births and Deaths shall be deemed to be a public Rqiltnr 10
be dlll:lIlwa
servant within the meaning of the PeDal Code. i'ublic

15. (l) .. ..
(2) A Registrar of Births and Deaths may resign by notifying in writing
to the President of the Union his intention to do so. and. on his resignation
being accepted by the President of the Union he shall be deemed to have
vacated his office.
I Repcalrtl by lhe J,,,lbn Sucqssion Ad. 1925 U,.dj~ Ad x..\:XIX, 1925j : Ice now ... 3
" th~ 8",:o.lI<i.." Act.
Oluitkd by tbe Union 01 Buflll3 lAdaptation of Laws) Ord~r. 19:
 Births. D~aths and Morr;agts R~glstratJon .

OIice and ,. (I) Every Registrar of Births and Deaths shall have an office in the
attmdance local area. or within the part of the tcrritories. for which he is appointed.
0( Rtei,lrar.
(1) E",cry Registrar of Births and Deaths to whom the President of the
Union may direct this sub-section 10 apply shall lltend at his office for the
purpose of registering births and deaths on such days and at such hours as the
Registrar-General of Binhs. Deaths and Marriages n,ay direct. and shall cause
to be placed in some conspicuous place on or near the outer Joer of his office
his name. with the addition of Registrar of Births and Deaths for thc local
area or class for which he is appointed. and the days and hours of his attendance.

....... '" 17. (1) When any Registrar of Births and Deaths to whom the Prcsident
Reltittn.r or of the Union may direct this se<:tion to apply is ab!ent. Or when his officc is
"Kil>C)' ift
bit LlL:e. temporarily vacant. any person whom the RegistrarGeneral of Births. Deaths
and Marriages appoints in this behalf. or. in default of such appointment. the
Judge of the District Court "..ithin tbe local limits of whose jurisdiction the
Registrar's office is situate. or such otber officer as the President of the Union
appoints in tbis behalf. shall be the Registrar of Births and Deatbs during
such absence or until the President of the Union fills the vacancy.
(2)
(3) The RegistrarGeneral of Births. Deaths and Marriages shall repon
to tbe President o( the Union all appointmentJ made by him under this section.
Rt&ia~ 18. The President of the Union shall supply every Registrar of Births
book' to be and Deaths with a sufficient number o( register books or births and of register
lupplied ;uld
prekrvation books of deaths. and shall make suitable provision (or the preservation o( the
01 rn:ord. to records conne(:(ed with the registration of births and deaths.
be pl"O\-ickd
f~.
C.-Mode of Regis/rotion.

Out)' of 19. Every Registrar of Births and Deaths. on receipt of notice of a birth
Re,iatnr 10 or death within the local area or among the closs for which he is appointed.
rrfitln- shall, if the notice is given within the prescribed time and in the prC!cribcd
birth' and
deatblof mode by a person authorized by this Act to give the notice, forthwith make
whlc.h noIiet
II &Iven, an entry of the birth or death in the proper register book :
Provided that-
(0) if he has reason to believe the notice to be in any respect false. he
may refuse to register the birth or death until he receives an
order from the Judge of the District Court directing him to
make the cntry and prescribing the manner in which the entry
is to be made; and
(b) he shall not enter in the register the name of any person as father
of an illegitimate child. unless at the request of the mother and

P_.
autborlzocl
of the person acknOWledging himself to be the father of the child.
ZOo Any of the (ollowing persons may live notice of a birth. namel)' ;_
to ",h'e (0) the fatber or mother of tbe child;
1'IOf1c:e of
tJlrtb. (bJ any person present at the birth;
 (d any person oc:cupyinf\:. at the 'time of the birth. any part of the
bou!c wherein the child was bora and havillg knowledJe of the
child having been born in the house;
(d) an)' medic:lI practitioner in~ attendance after the birth ud htvia
personal kDowledgc of the birth bavioa occurred ;
(e) afty person biving charge of the child.
21. Any of the following persons may live notice: of death. namely:- ~
(G) any rel3tivc of the deceased baving know1edlc of ally of the ~~.
particulars required to be rcaistered c:oD(:ernilll the death; of da.tIl.
(b) any person present at the death:
(e) any penon occupying. at the time of the death. aDJ part of tho
house whcuin the death oc:cuned and baviDg kDowled&c of
the deceased haviDg died in the bouse :
(d) any person in attendance duiol the last Inness of the deeeavd;
(t) any persoll who bas seen the body of the deceased after death.
2,2. W When an eDtry of a birth or death bas been made by the Registrar Ealry 01
of Births and Deaths under section 19, the person giving notice of the birth : : . ~ be
or death must sign the entry in the reamer in the presence of the ReJistrar: aipcd bJ
Provided that it shall not be nel:ess8ry for the person giving notice to :M.:
attend before the Registrar or to sian the entry in the register if he has given Itati('e.
such notice in writing and has furnished to the satisfaction of tbe Registrar
such evidence of his identity :1J nlay be required by any rules made by the
President of the Union in this bebalf.
(2) Until the entry has been so signed or the coaditions specified i.D the
proviso to sub-section (I) have been complied with. the birth or death shal
not be deemed to be registered under this Act.
(3) When the birth of ::r.n illegitimate child is registered. and the mother
and the person ackno.....ledgina himself to be the father of the child jointly
request that that pel son may be registered as the fatber. the motber and that
person must both sigo the entry in the register in the presence of the Registrar.
13. The Registrar of Birth.. and Deaths shall. on application made at the Onnt 01
time of registering any birth or denth by tbe person giving notice of tbe birth certl&a:: 01
or death. and on paynlent by him of tbe prescribed fee. ,ive to tbe applicant :;:t::: :
a certificate in the prescribed form. signed by the Registrar. of havina dcatb.
registered the birth Or death.
24, (I) Every Registrar of Births and Deaths shall send to the Registrar. Duty of Reo
General of Births. Deaths and Marriages. at tbe prescribed interval a true Ibtnn.
toaendiGt
copy certified. by hiOl. in the prescribed form. of all the entries of birth. and eertilitd
deaths in the register book kept by him since the Ialt of those intcrvalJ : copies of ..
cntrle\ll
Provided that in the C3se of Registran of Birth' and Deaths who aro rqistcr
clergymen of the Churches of England. Rome and Scotland. tbe Regiltrar may. =:r-
. If so directed by his ecclesiastical superior. send the certified copies in tbe <knci-at.
first instance to tbat superior. who sball scnd tbcm to the RCJistr~cncral
of Births. Deaths and Marriages.
 IJinhs. Deaths and Mtur'ages Registration.

In tbis subsection "Churchof England" and" Church of Scotland"

mean the Cburch of England and the Church of Scotland as by law estab-
lished respectively; and" Church of RODle "means the Church which regards
the Pope of Rome as its spiritual head~
(2)

Su~h" 25. (l) Every Registrar of Births and Deaths shall. on payment of- the
:and ~"OPn
of IMIllln in prescribed fees. at all resonable times: allow searches to be made in the
......
reU- regisler books kept by him. and give ~ copy of any entry in the same
(2) Every copy of an entry in a register book given under this section shall
be certified by the Registrar of Births and Deaths and shall be admissible in
evidence for the purpose of proving the birth or death to which the entry relates.
Eaceptional 26. Notwithstanding anything in seetion 19. the President of the Union
prodlion for
registutlun may make rules authorizing Registrars of Births and Deaths. on conditions
of ~erbln and in circumstances 10 be specified in the rules. to register births and deaths
birlhl anll
death. occurring outside tbe local areas or classes for which they are appointed.
D.-Penally for Faile Information.
~,,::r.lty fOf" 17. If any pcnon wilfully makes. or causes to be made. for the purpose
,.ilfll.lly
Ii in.: f_be of being inserted in any register of births or deaths. any false statement in
l"for... alion. connection with any notice of a birtb or ueath under tbis Act. he shall be
punished with imprisonment for a term which Dlay extend to three years. or
",itb fine. or witb both.
.-Correcfion Of Errors.

Corredion of 18. (J) If it is proved to the satisfaction of a Registrar of Births and Deaths
entry In

......
reglste.- 01
birtl,S Of"
that any entry of a birth or death in any register kept by him under this Act is
erroneous in fonn or substance. he nlay. subject to such rules as OIay be made
by the President of the Union with rcspect to the conditions and circumstances
on and in which errors lIlay be correcto:d. correel the error by entry in the
margin. without any alteration of the original entry. and shall sign the mar-
ginal entry and add thereto the date of the correction.
(2) If a certified copy of the entry has already been sent to the Registrar-
General of Births. Deaths and Marriages. the Registrar of Births and Deaths
shall make and send a separate certified copy of the original erroneous ~ntry
and of the marginal correction therein made

CHAPTER IV.

AMENDMENT OF MAlt'kIAOE ACTS.

11--31.
CHAPTER V.
SPECL\L PROVISIONS AS TO CERTAIN EXISTINO REGISTERS.
31-3!A.
 Birth$. Deatlu and Marriages Registratlcm.

CHAPTEIt VI.

RULES.

36. (J) The President of the Union may make rules to carry Ollt the R....
purposes of this Mt.
(2) In particular. and without p'rejudiee to tbe leoerality of the forqoina
power. such rules may-
(a) 6,; the fees payable under thi, Act:
(b) prescribe the forms required for the purposea of tbi. Act;
{d prescribe the time within which. and the mode in whtch. persorII
authorized under this Act to give notice of a birth or death 10
a Registrar of Births and Deaths must live tbe notice;
(d) prescribe the evidence of identity to be furnished 10. Regi.trar
of Binhs and Deaths by persons giving notice of a birth or deatb
in cases where personal attendance before .uch ReSistru is
dispensed with: .
(It) prescribe the registers to ~ kept and the form and manner in
which Registrars of Births and Deaths.are to relister birttu; and
deaths under this Act. and the intervals at which they are 10
scnd to the Regist.rar.General of Births. Deaths and Maniascs
true copies of the entries 01 births and deaths in tbe rc&isten
kept by them:
(j) prescribe the conditions and circumstances On and in which
Registrars ot Births and Deatlu; may correct entries of births
and deaths in registers kept by tbem ;
(g)
(h) prescribe tbe custody in which those register. or reconll arc to be
kept.
(J) Every power to make rules conferred by this Act iubject -10 tile
condition of the rules being made after previous publication.
(4) All rules made under this Act shall be published in the Gazette. and
on such publication shall ha"e effect as if enacted in this Act.

THE BIRTHS. DEATHS AND MARRIAGES REGISTRAnON Aer. 1M3.

(BUllMA Ac:r XXVI. 1943.] (20th October. 1943.)

I. (I) This Act may be called tbe Births. Deatbs and Marriage. Reailtrao Sbc.rt litl"
tion Act. 1943. an,j opera-
(2) It shall remain in force until tbe President or tho Uniou. by 'km.
notification. directs that it shall cease to have effect.

Z... Registrar" me Registrar of Births. Deaths and Marr..... D,6IlUioo

appointed under this Act.
OIfKC N'oti6c:uion No. 3M. ila.ted \he. 1I)(b Oc:toIier
11,,,_Seerewy'l
'Pulllhhed in ClIief
and tepllbliwd in Gar.cllr, 1946, Part I, 1'. :US.
1943,

4
 50 Births. Dtaths and MQrriaRtS Rtgistfation.

Appollltmmi 3. The President of the Unio. shall appoint a Registrar for the registra
of R;t",:istrar. tiOD of birlh,. deatbs and marriages under this Ael.

biTtht. 4. Births. deaths and marriagu of tbe following ealegories shall be

duths ~nd regisuable under this Act. namely:-
maNiages
n:Jinrabk (I) any birtb. dealh or marriage which look place in the Union of
QQCler tbis
Ad. Burma and registration of which was efTected under the law for
the time being in force in tbe local area where Ihe birth. dea!h
or marriage. as the case may be. took place but the record of
such registration is not now available;
(2) aoy birth. death or maniage which has taken or may take place io
the Union of Burma and which should have been or should be
registered in the Union of Burma under the law for the time
being in force in the local area where the birth. dealh or
marriage. as Ihe case may be. took place or may take place. but
which in fact bas not been or may not be duly registered under
the said law ; and
(3) the death of aoy person who bas died in conlt'quence of war
operations.

Dllt)' of 5. (1) The Registrar sball make enlries in the proper registers of aU
RC'l:istr"ar 10 births. deaths and marriagC$ registrable under the provisions of scelion 4 of
rrJ;i'lrr. which evidence is available from official records or from any other source
which the Registrar considers to be reliable.
(z) Tbe Registrar. 00 receipt of an applicalion for the registration of
aoy birtb. death or marriage registrable under the provisions of section 4.
supporte,J by an affidavit or affidavits or othtr evidence as 10 Ihe fact of such
birth. death or marriage. shall. if he is satisfied as to the eonlenls of the
applic:ltion and the affidavit or affidavits or other evidence. make an entry of
tbe birth. death or marriage. as the case may be. in the proper register:
Pro~'ided that if the Registrar is not so satis6ed he olay call for further
proof of the fact of such birth. death or marriaae from Ihe applicant:
Provided also that if the Registrar is not so salis6ed or if he has reason
to believe the application to be in any respect IBlse or inaccurate. he Inay
rduse to register sucb birth. death Or mattiaae.
. (3) Any person aggrieved by an Order of the Registrar either making an
entry of a birth. death or marriage in the proper register. or refusing to
register a birth. death or marriage. may apply for a review of the order of the
Registrar to the President of the Union. and Ihe Presidenl of the Union
shall paS! such order on the appliealion as he may think fit. The decision of
the President of the Union on any such application sball be final.
(4') Every order on an application under SubSe<:lion (3) shall be
communicated to tbe Registrar. aod be sball be bound thereby. and shall make
such eotryor entries. if any. as may be necessary to gh'e effe<:t to tbe said
Order in the appropriate register or registers.
 't
6. (I) When information is rec:ei"ed by the Registrar from the prescribed Duty to
authority that a person dOlniciled or ordinarily resident in the Union of regi,le,
B urm. has d"'I
dutb, d
10 con~ucnce of 'Nae operations such information shall be persons iD.
acce.pted by the Registrar as prima facie proof of such death. and the
Registrar shall thereupon make an entry of tbe death in the proper register.
ti:.:'-'
(2) An)' person claiming to be an heir or legal representative of a persoD
whose death has been registered under sub-section (I) shall, 00 .ppl~tion 10
the Registrar. be granted (rcc of any charge a certificate in the prescribed
form. siJned by the Rexistrar. of the registration of tbe death. ud such
ccrtili<:ate shall be admissible in evidence for tbe purpose: of proviol the
death.

7. Subject 10 the prO\isions of this Act and of any rules made. thereunder.
tbe provisions of sections 20.21.22.23.21 and 28 of tbe Births. Deaths and
Marriages Registration Act shall. so far as they caD Uc. made applicable. apply
.,.. ....
Applic;l&n
Birtbl.
of tile

w.......
Rqi,tntioq
to all applications for registration. whetber of births. deaths or marria,C$. Ad-
made in pursuance of this Act: and for this purpose sections 22. 23. 27 and 28
of the said Act shall be construed as if for the words" birth or death" or .....
tllodia VI

.. births or deaths" where~er they OCcur in thl! afore.iaid stetions. the words
.. birth. death or m:lIriage .. or .. birtbs. deaths or marrialcs ". III tbe case may
be. were substituted. and for the words" births and deaths". wherever tbey
occur. tbe words" births. deatbs and marriages .. were substituted. and for the
WOrd and figures "section 19". occurring in sub-section (I) of scctio~ 22. the
words" this Act" were substituted.
8. (I) The Registrar shall. on payment of the prescribed fees. at all
reasonable times allow sean::hes to be made in the registers kept by bim and
give a copy of any entry in tbe same
=''1.
Searc:bcsaDd

reci,,-.
(1) Every copy of ::In entry in a register li~'en under this section shall be
certified by the Repstrar and shall be admissible in evidence for the. purpose
of pro~ing the, birth. death or marriage to whicb the entry relatcs

,. (I) The President of the Union may make rules I to C&fQ' out t~ Power 10
. make rult$.
purposes of thIS Act.
(1) In particular. and without prejudice to the generality of the foregoing
power. such rules may-
(a) prescribe the fees payable under this Act:
(b) prescribe the mode in which persons may apply 'for registlation Of
birth~. deaths and marriages and the form in which such applka-
tions may be made: .
(el prescribe the evidence of identity to be furnished to the Regislrar
by persons making applications for reaisttalion of births: deaths
or marriages in cases where pel10naI attendance berore the
Registrar is dispensed with;
Cd) prescribe the authority by whom information .ball be Jiven under
section 6 ;
 '2 BirthJ. D~athJ and Marriag~s R~gi.J"Qtion.

(~) prescribe the form of application for review under sub-section (J)
of section 5 :
(f) prescribe the registers to be kept and the form and manner in
which tbe Registrar is to register birth!. deaths and marriages;
(8) prescribe the (orms of certificates or copies of entries to be given
by the Registrar;
(h) prescribe the events and circumstances on and in which the
Registrar may correct entries of births. deaths Ilnd marriages
in the registers kept by him : and
(i) prescribe the custody in which the regillers and records are to be
kept.

I'. The expiry of this Act. in pursuance of a notification under sub-

section (2) of section I. shall not affect the validity of any action taken in
pursuance thereof or of any of the registers maintained thereunder. and any
certificate or certified copy of an entry given under this Act shall continue to
be admiuibl in evidence as though this Act had continued in operation.

THE BURMA CENSUS A.CT.

[BURMA Act V. 1940.] (16th March. 1940.)

I'.esidcfli
may d;re::t 1. Subject to the provisions of this Act. the President of the Union may.
bang of from time to time. direct that a census shall be taken (or the Union of Burma
-~ or any part tbereof.

2. (J) The President or the Union may appoint any person to take. Or aid
iD. or lupervise tbe taking of. a census within any special local area.
(1) PerlOns so appointed shall be called censusofficers.
(3) The President o( the Union may delegate to such authOrity as he
thinks fit the power of appointing census-officers which is conferred by
this section.
3. (I) A declaration in writing. signed by any officer authorized by
"""'"
Ippolnl,nellt
ofcenlu..
tbe President of tbe Union in this behalf. that any person has been duly
o~and appointed a census-officor for any local area shall be conclusive proof of
thei'ltatUi aucb ap,vointment
.. public
KI"~nh. (2) All census-of!icen shall be deemed to be public servants within the
meaninl of the Penal Co1e.
OillCb:v,e 4. (J) (D) Every officer in command of any body of men belonging to
=.-
01 dutiu of
oIlIce.. in
c:crtain .-ea.
the Burma naval. military or air forces or of any vessel of war.
(b) every person (except a pilot or harbour-master) having charge
or control of a vessel.
(c) every person in charge oh lunatic asylum. hospital. workhouse.
prison. reformatory. training school or lock.up. or of any
public. charitable. religious or educational insLituLion.
 Burmtt C~IUU.r_ 13
(d) every keeper. IeCretary or manager of any hotel. boardiDg-
house. lodging-house. emigration dep&t or club. and
(It) every occupant of immovable property who has at the time of
the taking of the census not less than twenty perlOns living on
or in such property. and every manager or officer of a railway
or other commercial or industrial establishment who has at
such time not less than ten persons employed under him.
shall. if so required by the District Magistrate or by such officer as tbe
President of the Union nlay appoint in this behalf. perform such of the duties
of a censusofficer in relation to the persons who at the time of the taking of
the census are under his conlmand or charge. or are inmates of his house or
present On or in such immovable property or are employed under him. as such
Magistrate or officer may by written order direct
(2) All the provisions of this Act relating to census-officers shall apply.
so far as they can be made applicable. to all persons while performing such
dUlies under this section. and any penon refusing or neglecting to perform any
duty which he is directed under this section to perform shall be deemed to
have committed an offence under section 187 of the Penal Code.
S. (1) The District Magistrate. or such officer as the President of the Power 01
Union may appoint in this behalf for any local area. may. by written order. District libl'is(-rale

area. as the case may be. call upon- .......

which shall have effect throughout the limits of his district or of such local 10 COIl! UpoB
perIODs to
(a) all owner~ and occupiers of land and lessees of fisheries under the give alii..
Fisheries Act. or the Upper Burma Land and Revenue Regula- tanee.
tion. or their agents. and
(b) all village headmen. members of village committees. ywagaung.r.
ten-house gGl/ngs and rural policemen appointed under the Village
Act.
to give such assistanCl: as he needs towards the taking of a census of the
persons who are at the time of the census on the lands of such owners.
occupiers. or within the limits o( such fisheries. or in the villages or other areas
for which such village headmen. members of village committees. ywagaungs.
tenhouse gaungs and rural policemen are appointed. as the case may be.
(2) Such order shall specify the nature of the assistance required. and
such owners. occupiers and lessees. or their agents. and such village headmen.
members of village committees. )'wagaungs. ten-house gaungs and rUIal
policemen shall be bound 10 obey it.
6_ Every census-officer may ask all such questions of all persons within Alting of
the limits of the local area for which he is appointed as. by instructions issued q\l"lion,
in this behalf hy the President of ttre Union and published in the Gazette. he ~c::'~lII
may be directed to ask.
7. Every person of whom any question is asked under tbe last foregoing Obliltatiaa
section shall be legally bound to answer such questions to the best of his tnans_r
qUCIII_
knOWledge Or belief.
 54 Surma CI/!nsus

(kcupiu 10 . Every person occupying any house. enclosure. \'essel or other place shall
allo.. Kens, allow census-officers st;cb access thereto as they may requile fOr the purpose
and permit
allis;nlof of Ibe census. and as. having regard to the customs of the country. may be
,~
reasonable. and sball allow them to raint on or affil: 10 the place such letlers.
marks or numbers as may be necessary for Ibe purpose of tbe census,
O<:c;t,pler or ,. (J) Subject to such orders as the President of the Union may issue
m~n~"r La
rin up
in tbis behalf. any census-officer nlay [eave. or cause to be lefl.-
~dul~ Ca) at any dwelling-hou!e within the local area fOr which he is
appointed. or
(b) with any manager or officer of any commercial or industrial
establishment who has al the time of the taking of the census
not less than ten persons I:mployed under him.
a schedule for the purpose of its being fiI:ed up by the occupier of such house
or of any specified part thereof. or by such manager or officer. wilh such
parliculars as the President of tbe Union may direct regardin~ Ihe inmates of
such house or part. or the perSOns employed under such manager or officer at
the time of the taking of the census. as the case may be.
(2) When any such !chedule has been so left. the occupier of the house
Or part to which it relates. or the manager or officer with whom it is leh.
sball fill it up. or cause it to be filled up. to the best of his knowledge or belief.
so far as regards the inmates of such house or pari. or the persons employed
under him at the time aforesaid. as the ca!e .nay be. and shall sign his name
thereto. and when so required shall deli\'er the schedule so filled up and sign~d
to the census-officer or to such person as the census-on;cc'r may direct.
1._ In any of tbe following cases. namely-
(a) if a census-officer or a person lawfully required 10 give assistance
towards the taking of a census refuses or neglects to use reason
able diligence in performing any duty imposed upon him or in
obeying any order issued 10 him in accordance with this Act or
wilh any rule duly made thereunder.
(b) if a census-officer intentionally puts any offensive or improper
question or knowingly makes any false return. or. without the
previous sanction of the President of the Union. discloses any
information which he has received by means of or for the
purposes of a census return.
(e) if any person refuses to answer. to the best of his knowledge or
belief. any question asked of him by a census-officer which
he is legally bound by section 1 so to answer.
(d) if any person occupying any bou'e. enclosure. vrssel or other place
refuses to allow a census-officer such reasonable aeeeR thereto
as he is required by section 8 to allow.
(to) if any person removes. oblitrrates. :llt,:~ or injures. before a date
prescribed by the President of tke Union by II. notification in this
behalf, any lett::rs. marl:s or numbers which have been painted
or affixed for the purpose of tbe census.
 Burma Censill. 5.
(I) ir any occupier of a dwelling-bouse or part tbereof or any penon
with whom a schedule is left under section 9 knowingly and
without sufficient cause fails to comply with the provisions of
section 9. or makeJI any false return under that section.
he shall be punishable with fine which may extend to fifty rupees.

11. (I) The Pre~ident or the Union milY. by notificiltion in the Gazette.
declare before what classes nf Magistrates prosec:utioJa under Ihis Act may be
instituted.
CZ) Unless and until a nolification is published under sub-teetion (I). all
prose<:utions under this Act shall be instituted before the. District Magistnte.
(J) No prosecution under .this Act shall be instituted except with Ihe

_....
previous sanction of the PrtSident of the Union. or of lOme officer autboriz.ed
by the President of the Union in this behalf.

U. No penon shall have a right to inspect any book. register o( record

made by a census-officer in the diScharge of his duty as such officer or any
schedule delivered under section 9. and. notwithstanding anythina to tbe contra" y
_to
in the Evidenc: Act. no entry in any such book. register. record or schedule cradmbliWc
-..
~idence
shall be admissible as evidence in any civil proceeding or any proceedina under ia
Chapter XII or Chapter XXXVI of the Code of Criminal Procedure. ..--.
to--.

13. Notwithstanding anything in any enactment or rule with respecflo tbe TcPlponry
mode in which a census is to be taken in any municipalit)'. the municipal IUSpensiOlI
authority may. at the: time appointed for the taking of the census. cause the enKimenti
.. ,...
census of 'the municipality to be tak.en wholly' or in part by any method aDd ~1I1.
1.0 to mode
authorized by this Act. ol~n.
CCIUIqin
m""idpali_
CiCi.

14. Notwithstanding uything in any enactment or rule in regilrd to P...w.,.ln

regard to
municipal or local funds. the President of the Union may direct that the nptulft.
whole or any part of any expenses incurred for anything done in connection
with this Act may be charged to :any municipal or local fund constituted ror.
and on behalf of. the area within which such expenses were incurred.

HI. (I) The President of the Union may make rules for carryin. out tbe Power to
purpoSeS o( this Act. IlIUc: rw..
(2) In particular. and without prejudice to the aenerality of the foreaoina
power. the President of the Union may make rules providina-
(II) for the appointment of census-officers and of persons to perform
any of the duti~s of census-officers or to give assistance towards
the taking of a census. and tor the seneral instructions to be
i5Sued to such ofliceu or perlOns ;
 Burnuz Census;

(b) for tbe enumerating of persons employed on railways and their

families and of other classes of the population fOr whom it may
be necessary or expedient to make special provision; and
(d~for the enumeration of persons travelling on the nigbt wben a
census is taken.

THE VACCINATION ACT.

CONttNTS.

Sections.
PART I.
1. Application of Part I.
2. Interpretation clause.
3. Extension of Part to municij:)alities.
4. Extension to cantonments.
5. Power to withdraw local area from operation of Part.
6. Prohibition of inoculation.
Inoculated persons not to enter. without certificate. local aRa subject
to this Part.
,. Vaccination-circles.
Vaccinator5-
Superintendent of vaccination.
S. Private vaccinators.
9. Unprotected children to be vaccinated.
V~cinator to vaccinate children. or deliver certificates of postpone-
ment.
10. Inspection after vaccination.
11. Procedure wben vaccination is successful.
12. Procedure wben vaccination is unsuccessful.
13. Procedure wben child is unfit for vaccination.
Renewal of postponement certificate.
14. Certificates of insusceptibility of successful vaccination.
15. What lymph to he used.
16. No fee to be charged except by private vaccinator.
17. Duties of Superintendent of vaccination.
Notice to parent or guardian neglecting to comply with this Part.
JI. Order by Magistrate when notice not complied with.
Procedure when order not obeyed.

 YaccilllJtwn. 57
Sec'ions.
19. Power to make rules [or municipalities.
ZOo Power to make rules tor cantonments.
21. What rulea under sections 19 and 20 may provide for.
22. Punishment o[ offences.
23. Municipal [uods to receive fines and meet expenditure.

PART n.
I.
2. Definitions.
). Penalty for produciol or attempti0l to produce IWall-pox in notified
local areas.
4. Prohibition of unlicensed vaccinatoR
5.
Power to make rules.

6

PART Ill.

12.
3. .Definitions.
4. Power to direct vaccination of younl child exposed to infection.
5. Occupier of house. etc. to allow access.
6. Power to require unprotected persons to be vaccinated after notice.
1. Power to vaccinate inmates of lodging-house or factory forthwith.
8 Extension of provisions of this Part to municipalities other thaD that
of Rangoon.
9. Power (0 require unprotected person arrivinl by vessel in certain
ports to submit to vaccination.
10 Power to arrest persons committing breach of section 1 or 9. if Dame
and address unknown. etc.
11. Provisions as to inspection of persOn vaccinated ullder this Part or
before arrival of vessel, and for further vaccination if necessary.
12. Application of provisions of Part I as to lymph. vaccination fees
and rules.
12A. Power of local bodies to make rules for enforcing re-vllCCination.
13. Penalty for breach of foregoing provisions.
14. Penalty fOr vexatious entry.
15. Imprisonment for non-payment of fine. whel;e suJ;lll~ntive lentence
o( fine only has been passed fOr certain offences.
16. Sanction required (or prosecution under thli ~art.

THE SCHEDULE.
 58
THE VACCINATION ACT. I

(INOlA ACT Xlll. 1880. BUR"" ACT VI. 1908. Bua..... ACT I. 1909.]

PART I. (9th July. 1880.)1

APrI ...."11Ofl
of "'tTl I. 1. This Part shall apply only to the municipalities and cantonments to
which it is extended in the manner bereinafter provided.
r"tul'rda.
tl~ clauK". 2. In this Part. unless there is something repugnant in the subject or
context,-
Munidp;ol
o;omm;s... (0 tbe expression .. municipal commissioners" means a body of
I .en. municipal commissioners or a olUnicipal conlmittee constituted
under the provisions of any enactment t for tbe time beiDa in
force. :
Pa:nt. (2) .. parent" means the father of a legitinlate child and the mother
of an illegitimate child:
G.....nli;an. () .. guardian" includes any person who has accepled or assumed the
care or custody of any child;
Unrrolccl'" (if' unprotected child" means a child who has not been protected
M
.:bild.
from small-pox by haling bad that disease either naturally or by
inoculation. or by having been successfully vaccinaled. and who
has not been certified under this Part to be insusceptible to
vaccination:
lnocal"liool. (5) .. inoculation" means any operation performed with the object of
producing the disease of small-pox in any penon by mellns of
variolous malter ;
Vxdn<llio ... (6) .. vaccination-circ1e" means one of the parts into which a
dt"ck.
municipality or cantonment has been divided under this Part
for the ItCrformance o( vaccination;
(7) M vaccinator" means any vaccinator appointed under this Part to
perfoml the operation of vaccination. or any private person
authoriud in maDner hereinafter provided to perform the same
operation: and includes a Superintendent o( vaccination: .
Supelinten.
dent 01 (7 A) .. Superintendent of vaccination" means a penon appointed as
vaco.lnation. such under this Act;

(8) .. vaccination-season" means the period (rom time to time fixed

by the President of the Union for any local area by notification
in the Gazette. duriDC which alone vacc:inatioD may be perfonned
under tbis Part.
The Burma LlIws IAdarlati_j Act, J940 (Burma Act XXVII, 19401, c_solid~ted the taw
,.,I:uine- to '''IX;nlItion contalMd In Ih: lonowinJ: Ad "fr., the VlIctin.lion Act, 1880 (India Act
XIII, 1ll8Ol. tile Burma Prohibition of Ino.:.. lalloll and Liceo,ioll: of V:l.ccin~tor, Acl, 190~ (Bur'll:l.
At,1 VI, 19081 andlhe Vaccination Law Amendme"t A~l, 1909IR.,rma Al:t I, 19091, a~ PaTti I, II
and III oJ U,i, Ad. I'art 1I::I.,ne Into for.:.c on lhe 9th lilly 18110.
I SIX the )f.. n>C:ipal Ad arid the City ol R~n.iloon untclpal Act
 Yaceina';on. 59

3. A majority in number of the persons present at a meeting of the Eltension of

Vart to
municipal commissioners specially convened in this behalf may apply to the mUllkiJl;dj-
President of the Union to extend this Part 10 the whole or any part of a IIcl..
municipality; and thereupon the President of the Union may. if he thinks fit.
hy notification published in the Guatte. declare his intention to extend tbis
Part in the manner proposed.
Any inhabitant of such nlUnicipality or part thereof who objects to such
extension may. within six weeks from the date of such publication. send his
objection. in writing. to such person as may be specified in the notification
and the President of the Union shall take such objection into consideration,
When six weeks from the said publication have expired. the President of the
Union. if no such objections have been sent as aforesaid. or (when such objec-
tions have been so sent> if in his opinion they are insufficient. may. by like
notification. effect the proposed extension.
i:llension to
4. The President of the Union may. by notifiC!ltion in the Gazette ~,
extend this Part to the whole or any part of a military cantonment. lr,cnh.
.....
5. The President of the Union may. by notification in the Gazette. PoWer
withdraw
to
withdraw any local area in a municipality or any local area in a cantonment Icx~t ~rea
from the operation of this Part. frOlll opera-
tiQfl of Part

6. In any loc31 area to which the provisions of this Part apply. inocula- Prohibilion
of inocula-
tion shall be prohibited; and no person who has undergone inoculation shall liOll.
enter such area before the lapse of forty days from the date of the operation. Inoc:ulatep
persons nol
without a cenilic:l{e from a medical practitioner of such class as the President to enler.
of the Union may from time to time b)' written order authorize to grant such without
urtin-ate.
certificates. staling that !!Jeh person is no longer likely to produce small-pox 1001 aru
by contact or near approach. sllb;e.:t to
thisl-':ll't.

7. Every local area to which this Part applies shall be a vaccination- \'amnalioa-
drclcs.
circle. or shall in manner hereinafter provided be divided into a number of
such circles;
one or more vaccinators shall be appointed in manner hereinafter provided
for each such circ;e ; and
one or more Superintendents of vaccination shall be appointed in manner Sllf'Crinteo-
hereinaf.er provided for each such local area. clntol
.ac:cinati.

8. The Commissioner may by written licence authorize private

vaccinators to perform vacdnation in any vaccination-circle. and may suspend
or cancel any such licence.

,. When any unprotected child. having auained the age of silt months. Unprotected
children to
has resided for a period of one month during the vaccinationsenson in any be'-:l\:d
lOcal area to which the provisions of this Part apply. and has not al the rmted.
expiration of such period attained the age. if a boy. of fOurteen years. and. if
a girl. of eight years. the parent or guardian of such child sball take it. or
 Yaccinatiun.
'"
cause it to be taken. to a vaccinator to be vaccinated. Or send for a vaccinator
to vaccinate it.
V,,"lualor I Such vaccinatOr shall vaccinate tbe child and deliver to its parent or
101';Kl;Wto: guardian a memorandum stating the date on which the vaccination has been
children or
ddh"erur. pedormed and the date on which the cbild is to be inspected in order to
lificates 0(
ascertain the result of the operation. or shall. if he finds such child in a state
""""'"
meut. unfit (or vaccination. deliver to its parent or guardian a certificate under his
band to tbe effect that the child is in a state unfit for vaccination for tbe ...bole
or part of the current vaccination-season

Intoptel"- 10. The polrent or guardian of every child which has been vaccinated
afw \xO-
nation.
under section 9 shall. on the date of inspection stated in the memoranduDI.
t.k~ the child. or cause it to be taken. to a vaccinator for inspection. or get
it inspected at his own house by a vaccinator: and
such vaccinator shall then append to the memorandum a certificate
stating tbat the child has been inspected and the result of sucb inspection.

PrOCltdare 11. When it is ascertained at the tinle of inspecting :1 child under section
whe1a\~.
10 tbat tbe vaccination has been successful. a certificate shall be delivered by
natiOll il
the nccinator to the parent or guardian of such child 10 that effect. and such
--~.
cbild shall thereafter be deemed to be protected.

Procedure 12. When it is ascertained as aforesaid that the vaccination has been
when '-.ci-
unsuccessful. the parent or guardian shall. if the vaccinator so directs. cause the
nllioa i.
1lU_llul child to be forthwith again vaccinated and subsequently inspected in manner
bereinafter provided.

Proced..,e 13. A certificate granted under section 9 showing the unfitness of a

when dUld child (or vaccination shall remain in force for the period stated therein. and.
II until (or
ul;clnatlon. on the termination of that period. or if that period terminates after the
vaccination-season is over. when the neltt vaccination-season begins. the parent
or guardian of such child shall take the child. or cause it to be taken. to a
vaccinator to be vaccinated. or procure its vaccination at his own house by a
vaccinator:
Renewal of Provided that. if tbe child is still found to be in a slate unfit for vacci-
poe l rlO1IC -
lntnt certl- nation. the certificate granted under section 9 shall be renewed.
ftcate.

Cerlllicatel 14. If the Superintendent of vaccination is of oplDlon that a child

01 inllllCC:P- which has been tbree times unsuccess(ully vaccinated is insusceptible of
Ubllit)' of
lue<:tI!Ifui successful vaccination. he shall deliver to the parent or guardian of such child a
vaa;taallon. certificate under his hand to that effect: and the parent or guardian shall
thenceforth not be required to cause the child to be vaccinated.

I The pt'o~iaionl of the ae<:on<t rwa(rarh oIaeclion 9 lind of ae<;UOIIIIO to n of Ihill'aft an:
to be IPI'lied in the eaae of al17 child whoH \';u,:clnaUon II dlrC~led IInder H~t;on 4 or "II t III 01
thi, Act aa II thai MetiOIl were a Plut 01 HCUon 9 of WI Yarl.
 VdCdn4ticm.

15. The vltccinalion of It child shall ordinarily be performed with such What IympII
lymph as nuy be prescribed by Ihe rules 10 be made under this Part: to be-.l.
Provided tbat.
tim. if animal-lymph is so prescribed and tbe puent or luudiu of
any child desires that such child shall be vae:c:inated with
humanlymph it shall be 10 vaccinated: and
KCond. if in any local area in which animal-lymph is procurable
human-lymph is so prescribed. and tbe parent or luardian of
any cbild desires tbat such child should be vaccinated with
animal-lymph. and tenden to the vaccinator tbe amount of sucb
fee. not exceeding one rupee. as may be fixed by such rulel ia
tbis behalf. such cbild sball be 10 vaccinated

'6. No fee rball be charged by any vaccinator except a private vacci- No fee 10 be
nator to the parent or guardian of any cbild for any of tbe duties imposed 00 cbugt:d
acept by
such vaccinator by or under the provisions of this Put; JlI'h7ote
yKCiaatcw.
Provided that it shall be lawful for a vaccinator to accept a fee for
vaccin:l.Iing a child by request of the parent or guardian elsewhere than in the
circle for which such vaccinator is appointed.

17. The Superintendent of vaccination. in addition to tbe otber duties

imposed on him by or under the provisions of thil Part. shall ucertain
whether all unprotected children. under the age of fourteen yearl if boys. aDd
under the age of eipt years if girls. within the local area UDder his
superintendence have been vaccinated: and. if he has reason to believe that
tbe parent or &uardiao of any such child is bound hy the provisions
hereinbefore contained to procure tbe vaccination of such child or to prescnt
it for inspection. and has omitted 10 to do. be sball personaDy go to the bouse
of such parent or luardian. and there make enquiry. and shall. if the fact is
Notice 10
proved. forthwilh deliver to such puent or guardian. or cause to be affixed p;aJpt ...
to his house. a notice requiring tbat the child be vacc;;inated. or (as the case Iu:lrdbo
nqltill' 10
may be) that it be presented for inspection. at a time and place to be ~l ply With
specified in such notice. thi. Part.

II. If such notice is not complied with. the Superintendent of OrcScr b)'
vaccination shall report the matter to the Magistrate of the dislrict. or such Naplrale
when "otice
Magistrate as the President of the Union or the Magistrate of the district may not COlI plied
from time to time appoint in this behalf: and the Magistrate receiviDg such wllh.
report sball summon the parent or guardian of tbe child and demand his
explanation. and shall. if such explanation is not latisfactory. ma.lc:e an order
in writing directing such parent or guardian to comply with tho notice before
a dale specified in the order.
If on such date the order has not been obeyed. the Magistrate ahaD
IUmmon the parent or guardian before him. and. unless just cause or excuse is
......
..........
~
wteilOl'clcI'

shown. shall deal with the disobedience al an offence punishable ud

section Z2.
 2
, .
Vace;Mlion .

1'. When this Part has been applied to any municipality or any part
Power to
mab: rulet tbereof. the nlunicipal commissioners may from time to time make: rules
for ,nullk;l..
palitin. consistent with tbis Part for the proper enforcement of this Part within the
limits to which it applies. Such rules shall be made in the manner in which.
under the law for the time being in force. the municipal commissioners make
rules or bye-laws for the regulation of other muliers within the limi(s of the
D'Iunkipality and shall. when confirmed by the Commissioner and published
in the Gazetle. have the force or law:
Provided tbat the Commissioner may at any time rescind or modify any
such rule.

_..
Power 10
,nate rules
for cantoa-
21. When this Part has been applied to any cantonment or any part
thereof. the: PrC5ident of the Union may from time to time make such rules.

......
WlIatnala
sectiMS
21. The rulC5 to be made for any local area under section 19 Or 20
may. amonl other matters. provide for-
19 and 20 (a) the division of such local area into circles for the performance of
.....y p"O\ide
I~. vaccination:
(b) tbe appointment of a place in each vaination-eircle as a public
vaccine-station. lind the jX)Sting of some distinguishing mark in
a conspicuous place near such station;
(c) tbe qualifications to be required of publi<: vaccinators and
Superintendents of V:tccination :
(d) tbe authority with which their appointment. suspension and
dismissal sball rest :
(e) tbe time of attendance of public vaccinators at the vaccine-stations.
and their residence within the limits of the vaceinalion-eircles;
(I> the distinguishing mark or badge to be worn by them:
(g) tbe amount of fee chargeable by private vaccinators. and their
guidance generally in the performance of their dUlies :
(It) tbe facilities to be afforded to people for procuring
the vaccination of their children at their own houses ;
(i) the grant and form of certificlltes of successful vaccination. of
unfitness for vaccination. or of insusceptibility of vaccination:
(j) lbe nature of the lymph to be used and the supply of a sufficient
quantity of such lymph;
(k) the fee to be paid for vaccination with animal-lymph under section
15;
U) the fee to be paid to a public vaccinator for vaccinating a child
beyond the vaccination-eircle at the request of tbe parent or
guardian of tbe said cbild ;
(m) the preparation and keeping of registert showing-
tbe namu of cbildren born in such local area on or after the
date of tbe application of this Part ;
---~~.COmi:-7.,-,..""",".C''''~UDlolI d Bl.lrn':I(Acbrlatlou of Laws) Order. 19...
 the Dames of unprolected children born in .uch local area prntoui
In the application of this Part. and who are. at tbe time this
Part is applied. under the age of fourteea year. if boys. aDd r1
eipt yean if girls;
the names of unprotected 'boys and girls. rnpoctively. under tboN
ages brought within such local area at aay time after the
application of this Part and who have resided tbert for a
month;
the result of each vaccination or ita postponement, aDd the delivery
of certificates. if any;
(II) the assistance to be liven by the municipal commissiooen ud
municipal senant! in the preparation of these reJistcrs. and in
other matters; and
(0) the preparation of vacciuation-reports aDd retUf1ll.

U. Whoever commiu any of \be undermentioocd offences (that is

say)e-
(a) violates the provisions of section 6.
(b) neg~u without just excuse to obey an order made under seetio. 18.
(c) breaks any of the rules made under section 19 or 20. or
(d) neglects without just cause to obey an order made under section
after having been previously convicted or so neglecting to obey
I'.
a similar order made in respect or the same cbild.
shall be puoished a. rollows (that is 10 say):-
in the cue of the offeace mentioned in dause (a). wilh sinlple imprisoll.
meat for a term .....hich may extend to three mOllths. Or with tiae which may
exteDd to two bundred rupees. or with both;
in the calC or the offences mentioned in cla.uSC$ (b) ud (c). lrith be
which may extend to fifty rupees; and
in the case of the offence mentioDed iD clause (d). with simple imprisoo.
ment for a term wbich may eXlend to ox moaths. or with liae ,,'hicb ma,
exteod to one thousand rupees. or with botb.
13. The amount or all fees and fines realitcd. and the amount of iu M1IIlkipai
expenditure incurred. under tbis Part in any municipalily shall respectively be fUGd. to
nctlve fiIMI
crcdited to. and paid from. the municipal fUDd. aRCi lIlett
pend.iIOU'

PART II. (1st Octnber. 1909.)1

1.
2. In this Pari tbe tcrms .. inoculatiOn "... vaccinator" aDd .. Superiatell.
dCDt of vaccination" have ,he melDinJ.S assiped tn those terlDS in Part I of
this Act.
Part II il as> adaplat_ of tbe 1'11'....:0 Prohibition of InonatatioP and Licc:'*"t; d
VlICCiaaltrsAct. 1908 (ISIUma. A~ \'1, 1901). _,,"do gone I..to lora: on 1"- I. Cldobef' 1909,
 YtJeciltDrion.

Pt;n~lty lor J. (J) In any local area to which the President of the Union may. by
prodocing ...
;Ittempting notification. extend this section the production of smallpox by inoculation or
III produce by any other melns shall be prohibited.
amallpo. in
notified local (2) Whoever in such local area. by inoc'ulation or by wilful exposure to
arc. variolous matter or to any substance. aMide or thing impregnated with
variolous nlatter or by any other means whatsoever. produces or attempts to
produce the disease of small-pox in any person shall be liable to inlprisonment
fOr a period not exceeding three monlhs. or to a fine not exceeding twO hundred
rupees. or to both.

Probibllicft 4. (/) No personshall perform vaccination unless be-

01. unllttnKd
nc:c:inalo.... (lz) holds suCh medical qualifications as the President of the Union
may. by notification. specify in this behalf. or
(b) bas been appointed a vaccinator under Part I or Part II. or
(c) holds a licence as a vaccinator under Part I or Part II.
(2) The Civil Surgeon of tbe district. the Health Officer of a munis.ipality
or poM. or any officer specially authorized by tbe President of the
Union in this behalf. may appoint any person to be a vaccinator or may. by
written licence. authorize any person as a private vaccinatOr to practise
vaccination in any local area under the cbarge of the officer issuing the licence.
and may suspend or cancel any such licence.
(3) Any person prohibited by sub-section (J) from "erforming vaccination.
wboperforms vaccination. or who. being licensed as a private vaccinator.
performs vaccination in a local area to which his licence doo:s not extend. shall be
punisbable with imprisonment. which may extend 10 one month. or with fine
which may extend to fifty ru~s. or with both.
5.
Pow~lo ,. (I) The Presidenl of the Union may make rules regulating the appoint-
lI~ake ,ulet.
ment and licensing. respectively. of vaccinators under section 4. sub-scclion (2).
the suspension and cancellatiOn of licences issued under that section. lhe
suspension and dismissal of vaccinators appointed under that section. the
procedure of vaccinatOR. and generally for carrying out the purposes of this Part.
(2) Such rules shall be published in the Gazette. and shall thereupon
have the same effect as it enacted in this Part
pART III. (24th May. 1909.) I
(.:1.
Delinlliooll. 3. In this Part. unless there is anything repugnant in the subject or
cOIltnl ._
(a) .. inoculation" and" vaccinator" have the meanings assigned to
them respectively in Parl I. and" Superintendent of vaccination ..
means a Superintendent of vaccination appointed under that Pare;
1 Pall III IUD :u:lapbliotl of the Burll1a Va<:cln~tiOD Law Amc:lldll1o,:l,t ACl, 1909 (Hurma
Act 1. 19O'lll. whIch came iJlto fo,~ on the 241h May 1909.
 Yoccinal;OIf.

(bl .. unprotected person" means a person who has attained the aac
of fourteen years and ",'ho has not been protectedfromsmall.pox
by having had that disease either naturally or by inoculation. or
by having been successfully vaccinated. and who has not beeu
certified. under Part I or Part III of this Act. to be insusceptible
to Yllccination ;
fd .. factor)' .. has the meaning assigned to it by the Factories Act: and
(d) .. port" nleans a port IS defined for tbe purposes of tbe Ports Act.

4. (J) In the municipality of RangOOn. and in any other municipality to PowCl"to

ollrfd '<lO:a-
which the provisions of this uction may be extended in manner hereinafter n~tion ,of
provided. the Health Officer of the municipality or any other officer YOllnll child
specially appointed by the President of the Union in this behalf may direct tbe ;-:I:~':'~
vaccination of any child under six months of age when it is or bas been
exposed to infection in consequence of residence in a house infected by small-pox;
and the parent or guardian of such child shall permit such child to be
forthwith vaccinated by any vaccinator who attends at the place where the child
is. or if no vaccinator is sent for the purpose. shall take it or cause it to be
taken to a vaccinator to be vaccinated. or send for a vaccinator to vaccinate it.
ezl The provisions of the second paragraph of section 9 and of sections 10
to 22 of Part I shall apply in the case of any child whose vaccination is direc
ted under this section. as if this section were a part of section 9 of that Part,

5. (I) In the mun)cipality and port of Rangoon and in any other munici. Oc:ciipier of
~.t1o....
P3lity or port to which the President of the Union may. by ootification. extend to alk1w
this section. every person occupying 3ny. or part of any. house. enclosure.
~-
vessel or other place shall allow a Superintendent of vaccination. or a
vaccinator lIuthorized by ill Superintendent of vaccination in this behalf. such
access thereto between sunrise and sunset as may be neceuary for the purpose
of ascertaining whether the inmates are protected or not;
and every inmate of such house. enclosure. vessel or other place shaH be
bound 10 answer truly any inquiries touching the question whether Or DOt be
is an unprotecled person and shall be bound to show on denland the maro
of any previous vaccination allegcd by him to have been performed.
lZ) Every person failing to answer questions or to sbow marks in com-
pliance wilh tbe provisions of sub-section (1) shaH be deemed to be an
unprotected person.
(3) Whenever it is necessary to ascertain whether a woman is protected
or not. the investigation shall be conducted by a .... oman with strict regard to
the customs of the class 10 .... hicb tbe person examined belongs.

6. In the municipality of Rangoon. and in any other municipality to Pow~ to

which the provisions of this section may be extended in manner hereinafter ~~=~Id
provided. a Superintendent of vaccination may. if he deems it advisable. by ~fSonl to
notice in writinc in the form set forth in th& Schedule or in some similar ~~1=
tOrm. require any unprotected person to submit himself within seven days after QOtia:.
the service of the same to a vaccinator to be vaccinated.
5
 'VQCCirjQlion.

an1 every such person so served with a notice shall within the said
period submit himself for vaccination as aforesaid.
PoWd" to 7. In the municipality of Rangoon. and in any other municipality to
\~cil'latc ...hich the provisions of this section roay be extended in maniler hereinaftcr
illDl:1tes fA
IodVI'll" provided. a Superintendent ot vaccination may. it he deem. it advisable.
...... M require uny unprotected perSOil being an inmate of il building Or part of a
f~,,",
fodh'll"itb. building which is let in lodgings Or occupied by members of more than one
family. or any unprotected perSon employed in a (actory. to submit himself
fOrthwith to a vaccinator to be \actinated.
and every person so required shalt thereupon submit himself for vaccina-
tion as aforesaid.
Extension of 8. The President of Ihe Union may. by notification. extend to any.
pro'ilion. to municipality in which Part I is for the time being in force all or any of th,
mOl'lici~li
ties other provisions o( this Part.
than that ol
Rangoon.

POWer to 9. When a vessel arrives in the port of Rangoon. or in any other port to
nqoirc Oil-
protected which the President of the Union may. by notificalion.' ell;tend all or any o(
person the provisions of this ~art. the Health Officer of the port. or any othcr
anhinl:; by
vc-~I in
officer specially aulhorized by the President of the Union in this behalf. may.
rbin portt if he thinks fit. require any person who has travelled on board the vessel for the
to submit to purpose of coming to the Union ot Burma to be vaccinated unless he-
vacriTl<lllon.
(d) sho.....s signs of having suffered from small-pox either naturally or
as a result of inoculation. or
(b) can produce evidence which the Healtb Officer of the port. or other
officer specially authorized by the President of the Union in this
behalf. considers satisfactory that he has been successfully
vaccinated or re-vaccinated within seven years preceding his
arrival in the Union of Burma or that he is insusceptible to
vaccination;
and every such person shall. if so required by any such officer. forth~;th
proceed to such place as may be specified in this behalf by such officer (or the
purpose of inspection and vaec:inlliion and shall remain there un:i1 he is
permitted to leave. and shall. if unprotected. before leaving such place submit
himself to a vaccinator (or vaccination:
Pro\'ir.i.:d that this section shall not apply to any vessel belonging to or
in the service of * * * II the Government of the Union of Burma. or to
any vessel belonging to any foreian Prince or State.
Power 10 10. (J) The Health Officer or a I'0rt. a Superintendent or vaccination or
:ar,nl PC"
aunscom'n;l_ other officer spedally authoriud by the President of the Union in this behalf or.
lin, bT.<adl on the rC'~uest of any such officer. any police-officer may arrest without a
d stiOQ'i
0'I"9.ilname warrant any person who commits a breach of section 7 or section 9. if the
ud addu.. n~e and address of such person cannot be readily ascertained then and there
uukOOWIl.
de , This section hu been ll>lt~n<1t'd In ~II p....h ill H .rna, lee B....... Ganll 1915, hrt t,
p.2:M.
I Omillcd by lbe Unioll of 81lfml, IAlbptatlQD III La) Ord 1941.
 Vaccination.

or if. in the opinion of the arresting officer. there is Iny likelihood or a failure
to secure the attendance of such person before a Magistrate 00 the issue of
a summons
If such arrest is made by a person other than a police-officer. tbe person
so arrested may be detain~d until he can be delivered into the custody of a
police-officer for the purposes of sub.section (2).
(2) Imml:diat~ly after such nrrest or. if other persons arc at the time
being required to submit to vaccination. immediately after the completion of tbe
proceedings under SC1:tion 7 or section 9 in respect of the persons found in the
building. factory or ..euel. as the case nlay be. the policeofficer making tbe
arrest or being in ch.:uge of the persons arresled shall. as soon as is reasonably
possible. take or send all peuons arrested under sub-sectiOn (1) before a
Magistrate together with a repolt of the reasons for sucb arrest:
Provided thlt if any person so arrested is prepared to give bail. the
provisions of section 496 of tbe Code of Criminal Procedure sball be complied
witb.

tl. (1) When a person has been vacc:inated under section 6 or section 7 ProviliOllt
the vaccinator shall deliver 10 such person a memorandum stating the date on 11 to IQ!P-
lion 01
which the vaccin:ltion has been performed and the date on which and the place per~on ";.cd_
in which such person is {o be inspected in order to ascertain the result of the nalcd under,
thl. P~rl or
operation. brlore
(2) Every penon .. accinated under section 6 or section 7 shall attend mll'alo!
.
before a vaccinator ror 'IDSpectlon
. on the dale and at the place specified vtI.el. and
lor IUrlhrr
therefor in such memorandum. Vat<:in.,lion
If it is ascertained on such inspection that the vaccination has been if necnury.
successful. a certificate to that effect shall bc given by the vaccinator 10 :uch
person.
But if it is Iscutained !hat the vacc:ination has bun unlucc:essful. the
person Sh311~ if so requested by such vaccinator. forthwith submit himself to a
vaccinator to be again vacdnated :
Frovided that if a Superintendent of vaccination is of opinion tbat a
person who has been three times unsuccessfully vaccinated is insusceptible of a
successful vaccination. he shall deliver to such person a certificate to that
effect. and such person shall not thereafter be required to submit to
vaccination.

12. (J) The provisions of sections IS and 16 of Part I shall apply to ,\pfllkalion
every vaccination under this Part. of prOVII;oat
(2) The provisions of sections 19 and 21 of Plrt I shall apply with ~r~t~u
necessary alterations for tbe purposes or sections 6 and 7. read with the other ~.llali~
sections of this PltJI. !:e.:.
and
For the purposes of section 9. read with the other provision. of this Part. .
similar powers may be exercised and rules may be made by the President of
the Union generally for carryin~ OUI the provisions of this Pin
'_01 UA. 'The Municipal Corporation of the City of Rangoon and any
""" .......
lowake
rula lor
municipal or town committee to which all or any of Ihe provisions of this
Part have been extended may. with the previous sanction of the President of
eaforcinC I"t- the Union, make rules for the enforcement of the Ie-vaccination of persons
~on.
having attained the age of twelve years. and every pcrson required by such
rules to be revac<:inated shall be deemed to be an unprotected person.

Penalty lor 13. (1) Whoever. in contravention of any of the provisions of tbis Part.
.""hof
fortJEoina- refuses or neglects to be vaccinated or after vaccination to be inspected. or
pTl",isionl. refuses to allow access to any place. or refuses to answer any question or to
show nlarks of aUeged vaccination. or fails truly to answer any question. shall
be punishable with imprisonment which may extend to eight days. or with
fine which may extend to fifty rupees. or with both.
(2) Any person who. in contravention of the provisions of section 9. fails
or neglects to proceed to a place to which he has been requested to proceed
for the purpose of being inspected or vaccinated. or departs from such place
without permission. shall be punishable with imprisonment Which may extend
to eight days. 0: with fine which may extend to fifty rupees. Or with both.

Peo:lIl)' 14. Whoever. being a vaccinator. unnecessarily and vexatiously enters

for nutioul any hou$C. enclosure. vessel or other place. on pretence of ascertaining whether
entry.
any inmate thereof is unprotected. shall be punishable with imprisonment
which may elltend to eight days. or with fine which may extend to fifty rupees.
or with both.

IlIlpd,on. U. Notwithstanding anything contained in section 65 of the Penal Code.

rntOl for
noa-pa)"IZIenl any person sentenced to line only as a substantive sentence for any offence
of fiD~. UDder this Part may be imprisoned in default of payment of such fine for any

..
wbe1'e .n~
ltanlh"., period not exceeding the maximum term of imprisonment fixed for such offence.

"'" ,
aeolence of
ball bem
paued for
Cl'rtaln
offenGOII.
Sanction 16. No Magistrate shall take cognizance of any complaint under section
required for 13 or section 14 unless the prosecution is instituted by order. or with the sanc-
prosecutioll
under this tion. of a Superintendent of vaccination or tbe President of the municipal
Pub committee.

THB SCHEDULE.

(See Section 6 of Part III.)

To
Take Dotice lbat you arc hereby required. under the prOVISIons of Part
lit of tbe Vaccination Act. to submit younelf to a vaccinator within seven
day. from the service of this nottce (or vaccination. and that. in default of .0
 J!accination.
doing. you will be liable to inlprisonment which may extend to eight days. or
fine which may amount to fifty rupees. or both.
The public vaccine-station nearest your house is at
The days and hours for vaccination at that station arc as follows-
(Here insert Ihe days and hours when the vaccinator is in attendance.)
On your attending before a vaccinator at the said station within the said
hours on any of the said days. or at any at her public vaccinestation in the
town on the days and within the hours prescribed for public vaccination at
such station. you will be vaccinated free of charge.
If you wish to be vaccinated at your own house. the vaccinator will attend
there upon payment of a fee of
Dated Superimendent 01 Vaccination,

THE LEPROSY ACT.

[INDIA ACT III. 1898.] (4th February. 1898.)

I. I (1) This Act may be called Ihe Leprosy Act. Title.

I (2) The President of Ihe Union may. by notification. declare this Act or Extent.
any part thereof. to extend to any area.
2. In this Act. unless there is anything repugnant in the subject at D~~"lliunl.
context.--
~ (I) "leprosy patient" means any person suffering from leprosy;
i (2) "pauper affected with leprosy" means a person suffering from
leprosy-
(a) who publicly solicits alms or exposes or exhibits any sores.
wounds. bodily ailment or deformity with the object of exciting
charity or of obtaining alms. or
(b) who is at large without any ostensible means of subsistence;
i (3) "leprosy home" means a leprosy home appointed under section 3 ;
(4) "Board" means II. Board constituted under section 5 ;
3 (5) "leprosy" means open leprosy. that is to say. that form of tho
disease in which leprosy bacilli can be demonstrated from the
mucouS membrane of the patient's nose or from his skin. by any
recognized standard ntethod of examination approved by the
Director of Medical and Health Services. Burma.
m3. The President of the Union may. by notification in the Gazette. appoint Appoinlment
any place to be a leprosy home if he is satisfied that adequate arrangements o( leprml'
have been made or will be made for the accommodation and medical treatment hom" by
Prel;d~nt.
of leprosy patients therein. and may. by a like notification. specify the local
areas'from which leprosy patients nlay be sent to such home
, S,.b-se<.tiUl1 (II wal ;D5~rled and cx;lling leclion 1 "'n rtnum~.ed :II lub-slion (21
~ letHun 1 by Act XXXIX. 1950.
Substituted ib,4.
tnsert.:d iiid.
 Leprosy.
Appoint- 4. Subject to any rules which may be made under section 16. the President
ment 01 of the Union may appoint any medical officer of the Government or other
Autlloriutl
~ediul qualified medical man to be'-an [Authorized Medical Officer]1 and any person to
Officer
and SUl'eri!l- be a Superinte'ldent of a {Leprosy HomeJ!. with such establishment as may. in his
ll'ndenlS opinion. be necessary. and every {Authorized Medical OfficerJl or Superintendent
of Leprosy 50 appointed shall be deemed to be a public servant.
Hom.s.

COllstitution 5. The President of the Union shall constitute for every lIeprosy home]l
of Board. appointed under section 3 a Board consisting of not less than three members.
one of whom at least shall be a medical officer of tbe Government

Arrest of 6. (1) Within any local area which has been specified under section 3 any
p;lU!'l:rs pOlice-officer. or any other person specially empowered by the President of the
affecll'd with
kprosy. Union by order in writing in this b.ehalf. may arrest without a warrant any
person who appears to him to be a [pauper affected with leprosy]l.
(2) Such police-officer or other person shall forthwith take or send the
person so arrcsted to the ncarest convenient police-station.

Perlon 7. Every person brought to a police-station under the last foregoing

arrl'lled section shall. without unnecessary delay. be taken before an [Authorized
how tu be
dealt with. Medical Officer]l. wbo.-
(II) if he finds that such pcrson is not a [leprosy patit'nt]1 within the
meaning of section 2. shall give him a certificate in Form A set
forth in the Schedule. whereupon such person shall be forthwith
released from arrest:
(b) if he finds that such person is a [leprosy patient]! within the
meaning of section 2. shall give to the police-officer. in whose
custody the [leprosy patient] I is. a certificate in Form B set forth
in the Schedule. whereupon the [leprosy patientjl shall. without
unnecessary delay. be taken bc:fore a Magi~trate having juriSdic-
tion under this Act.
Procedure I I. (I) If it appears to any Magistrate of thc first class. or to any other
....ith rl'gard Magistrate authorized in this behalf by the Prcsident of the Union, upon .he
to paupers
affeded With certificate in Form B set forth in the Schedule. that any perSOli is a leprosy
leproty. patient. and if it further appears to the Magistrate that the person is a pauper
affected with leprosy. he may. after recording the evidence on the above-
mentioned points and his order tbereon. send the pauper alfeded with leprosy
in charge of a police-officer. together with an order in Form C set forth in the
Schedule. to a leprosy home. where such leprosy patient shall be detained until
discharged by order of the Board or the District Magistrate:
Provided that. if tbe person denies the allegation of leprosy. the Magistrate
shall call and examine the Authorized Medical Officer. and shall take such
further evidence as may be necessary to support or to rebut the allegation that
the person is a leprosy patient. and may for this purpose adjourn the enquiry
I Subaliluted b;, Act XXXIX. 1950.
 Ltprorj. 71
from time to time. remanding the person for observation or for other reason to
such place as may be convenient. or admitting him to bail:
Provided also that if any friend or relative of any person found to be a
pauper affected with leprosy shall undertake in writing to the satisfaction ohhe
Magistrate that such pauper affected with leprosy shall be properly taken care
of and shall be prevented from publicly begging in any area specified under
section 3. the Magistrate. instead of sending the leprosy patient to a leprosy
home. may make the leprosy patient ov':r to the care of such friend or relative.
requiring him. if he thinks fit. to enter into a bond with one or more sureties.
to which the provisions of the Code of Criminal Procedure shall be applicable.
(2) If the Magistrate finds that such person is not a leprosy patienl. or
that. if a leprosy palient. he is not a pauper affected with leprosy. he shall
forthwith discharge him.
9. (0 The President of the Union may. by notification in the Guette. Po....er to
prohibit
order that no (leprosy patient]l shall. within any area specified under section 3.- ltflrosy
(0) personally prepare (or sale or sell any article of food or drink or ~tI
any drugs or clothing intended for human use : or
(b) bathe. wash clothes or take water from any public well or tank
debarred by any municipal or local bye.law from use by
...
lollowin~
~
trsdnand
doirlll: eertaln
[leprosy patientsJ! : or ad..
(c) drive. conduct or ride in any public carriage plying for hire other
than a railway carriage: or
(d) exercise any trade or calling which may by such notification be
prohi.bited to [leprosy patients]1.
(z) Any such notification may conlprise all or any of the above
prohibitions.
(J) Whoever disobeys any order made pursuant to the powen conferred
by this section shall be punishable with fine which may extend to (o:\e hun.
dred]l rupees :
Provided that. when any penon is accused of an offence under this sec-
tion. the Magistrate before whom he is accused shall cause hint to be exanlin~
by an [Authorized Medical Officer)l. and shall not proceed with the case unle"
such (Authorized Medical Officerjl furnishes a certificate. in Form 8 set forth
in the Schedule. in respect of sucb pel1On.
10. (1) Whenever any (leprosy patient]' who has been convicted of an
"hi
a eoce PUOlS a c un der Ih e 1lIS If oregomg ' sec I"Lon IS agaIn
" convIcted of any ~fler
eon,IcUon
offence punishllble under that section, the Magistrate may. in addition to. or P"Vi~l~
in lieu of. any punishment to which such {leprosy patientI' may be liable. COllv,elloo,
require hinl to enter into a bond. with one or more sureties. binding hint to
depnt forthwith from the local area specified under section 3 in which he is.
and not to enter that or any other local area so specified until an (Authorized
Medical Officer)1 shall have given him a certificate in Form A set forth in the
Schedu!e,, ;-;;:.;:;;:::::-:::';;;--;;-;;:;-;;;;;; _
l Subltitakd by 'Ad XXXIX, 1950.
 7Z

(2) If any such [leprosy patient]! fails to furnisb any security required under
sub-section (I). the Magistrale may send him in charge of a police.officer. with
an order in Fonn D set forth in the Schedule. to a [leprosy home)l. where such
(leprosy patientjl shan be detained until discharged by order of the Board or
lbe District Magistrate.
(J) The powers conferred by this section sball only be exercised by a
Magistrate of the first class .
Penalty on .111. Any person who. within any area specified under section 3. knowingly
""no II
employ'nc employs a leprosy patient in any trade or calling prohibited by order under sec
lll'prooy tion 9 shall be punishable with fine which may extend to five hundred rupees:
patients
in prohibited Provided that the alleged leprosy patient shall be produced before the
trade. Magistrate and the Magistrate shall cause him to be examined by an Autho
rized Medical Officer. and shall not proceed with the case unlcss such Authorized
Medical Officer furnishes a ccrtificate in Form B set forth in the Schedule in
respect of such alleged leprosy patient.

Re..;\rrot of U. Whoever. having been sent to a (leprosy hornell under an order of a

ea~"I",d
leprosy Magistrate in Form C or Fornl 0 set forth in the SChedule. escapes rrom. or
fIIIli",.ts. leaves. [the home]! without the permission in writing of the Superintendent
thereof. may be arrested without a warrant by any police.officer or by any other
person especially empowered by the President of the-Union by oroer in writing in
this behalf. and upon arrest shall be forthwith taken back to the (I~prosy home]!.
Inspc.lio.. 1 13. Two or more members of the Board. one of whom shall be the
by 8u;ud.
medical officer shall. once at least in cvcry three months. together inspect the
leprosy home for which they arc constituted. and see and examine (0) every
leprosy patient therein admitted since the last inspcction. together with the
order for his admission. and (b) as far as circumstances will permit. every other
leprosy patient therein. and shilJl enter in a book 10 be kept for the purpose
any remarks which they may deem proper in regard to the management and
condition of the home and the leprosy patients therein.

Ortle. 01 14. Any two members of the Board. one of whom shall be the medical
,Ii,.,:harlle by officer. may at any time. by an order in writing in Form E stt forth in the
Bo:lrd.
Schedule aDd signed by them. direct the discharge from the [leprosy hOme
of any leprosy patientjl detained therein under the provisions of this Act.

15. Any person. other than a (pauper affected with leprosy. in respect
of whonl an Authorized MediCOlI Officer]l. has issued a certificate in Form B set
fonh in the Schedule. declaring him to be a [leprosy patient]!. 0,' has refused
to iuue a certificate in Form A set forth in the Schedule. may OIppeal against
the i$$ue or refusal of any such certificate to such officer as may be
appointed b) the President of the Union in this behalf. and the decision of
such officer shall be 6nal.

I $ub5ti1ukd by Ad XXXIX. 1950.

 Leprosy. 73
16. The President of the Union may. by notification in the Gazette, make Pc:"ver of lhe
rules generally far carr}'ing out the purposes of this Act, and in particular- Pre,jllenl 10
11,~h r~k,.
(a) for the guidance of all Or any of the officers discharging any duty
under this Act: and
(b) for the management of. and the maintenance of discipline in. a
{leprosy homeJl.

17. Notwithstanding anything in any enactment with respect to the Powcr to

purposes to which the funds or other property of a local authority may be to,:al ;,,,lho-
r;I;{'S t"l u-
aPI)!ied. any local authority may- ['lcnd f,,"ds
(a)establish or maintain. Or establish and maintain. or contribute :<lId "1'1''''''
I'r;;llc pro
towards the cost of the establishment or maintenance. or the I'Crly to
home.
establishment and maintenance. of a [leprosy home]l either
within or without the local limits of such local authority:
(b) with the previous sanction of the President of the Union and
subject to such conditions as the President of the Union may
prescribe. appropriate any immovable property vested in. or
under the control of, such body as a sile for, or for use as, a
[leprosy home).l

18. No suit, prosecution or other legal proceeding shall lie agamst ProltdlOIl
any officer Or person in respect of anything in good faith aone or intended ;1.~Ir.:=:S~l'~ri
to be done under. or in pursuance of. the provisions of this Act. jin'cundcr
Act.

i 19. The President of the Union may, on the recommendation of the Sel:rc~~tiQIl.
Director of Medical and Health Services, by notifiC<Jtion declare any
area in the Union of Burma to be a I. segregation <Jrea" if he is satisfied that
in such area adequate accommodation for leprosy patients has been provided
either by the Government or by the local authority. or hilS bten placed at its
disposal and set apart by it for the purpose; and thereupon, the following
provisions shall apply to such urea:
(i) The Health Officer may. by nOlice, require any leprosy patient
who is residing within the segregation area to remove himself
to such segregation accommodalion as may be specified in the
notice and remain there until such time as he is certified by an
Authorized Medical Officer to be no longer infectious.
(ii) The notice shall uHow a reasonable period for compliance
therewith.
(iii) If the leprosy patient does not comply with the notice within the
period allowed therein. the Health Officer may have him
compulsorily removed \0 the segregalion accommodation
specilicd therein. using such force as may be reasonably
necessary for the purpose.
--_.. - , - : - - - - - - : = - - : : - : : - - - - - - - - - -
I Sllbstihlled by Ad XXXtX, 1950.
t lr'$crled ibid.
 7' /AproS)..

(iv) The Health Officer may permit any person detained in the
segregation accommodation to perform any act Other than such
acts as are prohibited under section 9.
(v) The notice referred to in clause (n may be given to the person
wbo has the care of a leprosy patient. and thereupon it shall
be tbe duty of tbe former to remove tbe leprosy patient to tbe
segregation accommodation specified in the notice.
(vi) If any leprosy patient esc;:apes froOl. Or leaves. the segregation
accommodation provided for him without tbe written permission
of the Health Officer or any other officer authorized by him in
this behalf. such person may be arrested without a warrant by
any police-officer or by anyone specially empowered by the
President of the Union and removed forthwitb to such segrega-
tion accommodation.
(vii) The local authority shall arrange for the food. clothing and other
necessaries of every leprosy patient who is detained in the
segregation accoDimodation bUI any scch person shall be at
liberty to make his own arran&ements for his food. clothing or
other neccssities.
(viii) If any person is arrested under clause (vi) aUcr having been arrested
and dealt with under tbat clause on at least three pre\'ious
occasions. he shall. if the Health Officer so directs in writing. be
produced before a Magistrate who shall have power to order
his detention in a leprosy annexure attached to a prison until
such tinle as he is certified by an Authorized Medical Officer
to be no longer infectious: and thereupon all the provisions of
the law for the time being in force shall. so far as may be and
with such modifications. if any. as may be preKribed. apply to
such person as if he had been sentenced \0 simple imprison-
ment for the period for which such detention was ordered.
If tbe Magistrate does not order such detention or if the order of
detention passed by him is subsequently cancelled. whether by
himself or by any other Magistrate. the person arrested or
detained. as the case may be. sha11 forthwith be removed to the
segregation accommodation aforenid.

RCVOClIllon 120. Where any authority prescribed in Ihis behalf has uason to believe
nf ccrllfi- that a certificate. issued in respect of a leprosy patient. has ceased to be
(lI1~.
correct by reason of his having subsequenlly become infectious. such authority
may require such person to surrender the certificate and may thereupon
cancel it.

----'---------------
 Leprosy_ 7S
SCHEDULE.

A-CERTIFICATE.

(Section 7.)

I. THE undersigned (here enter name and oOidal designa'jon), ht:reby

certify that I on the day of at personally
examined (hue tntu nante 01 puson examined), and that the said
is not [;t leprosy patient as defined by the Lepros)" Act)!.
Given under my hand this day of 19

lSi,"at"",J
[AIIi~ /IIufq, Oli,..'

B.-CUTIFICATE

(Section 7.)

1. THE undersigned (here enter name and oOidal designation), hl;lreby

ct:rtify that I on the day of at
personally examined (here enler Mme 01 leprosy
/XltiellJ). and that the said is [a leprosy patient
as defined by the Leprosy Act.]1 and that I have formed this opinion on the
following grou~ds. namely.-

(Hue slate 1M grounds.)

Given under my band tbis day of 19

($i,I04I ..".)
t AIIlIro'i~tI /II rtfl"", OJiq,.Jl

C_WARlANT OF DETENTION.

(Section 8.)
To
THE SUPEllUiTENDENT OF THE (LEPROSY HOWE)I AT

WHEREAS it has been made to appear to me that (name and description)

is (a)auper affected witb leprosy as defined by the Leprosy Act:]I

I "Sub.Utuud by Act XXXtx, 19S0.

76 Leprosy.

This is to authorize you. the said Superintendent. to receive the said

. into your custody together with this order and
h' be
~';l wely to keep in the [said bome]l until.he shall be discharged by order of the
Board Or the District Magistrate.
Given under my hand and the seal of tbe Court this day of
19

8
(Section 10.)
To
THE SUPEJl,INT"ENDENT OP THE [LEPaOSY HOME)I AT

WHEREAS (name' and description) has this duy been convicted by me of

an offence punishable under section 9 of the (Leprosy Act.]' and whercils it
has been proved before me that the said (name and description) was
previously convicted of an offence punishable under the same section:
This is to authorize you. the said Superintendent. to receive the said
into your custody together with this order and
~~n safely to keep in the [said bome]l until .~: sball be discharged by order Of
the Board or the District Magistrate.
Given under my hand and the seal of the Court this day of
19

E.--ORDER OF DISCHARGE BY BoARD.

(Section /4,)
To
THE SUPERINTENDENT OF THE [LEPROSY HOME]! AT

WHEREAS (name and description) was committed to your custody under

an order dated the day of 19 and
there have appeared to us sufficient grounds for the opinion that ~
,h, Can be
released without hazard or inconvenience to the community:
Su.tJ.tituted b)' Act XXXIX, 19so.
 Upro1Y. 77

This is to authorize and require you forthwith to discharge the said

(namt') from your custody.
Given under our bands this day of 19

,.. (....re-pOOldi"J: (.,n" 'n:ly be "IN! by lbe I)lshict "all:islr~te lor orders of dilcltvce
i~ued "nder '" ti"., 10 (11.

THE EPIDEMIC DISEASES ACT.

[INDIA Acr III. 1897.) (4th February. 1897.)

t.
2. (I) When at any time the President of the Union is satisfied that the Powcr to
Union of Burma or any part thereof is ...isited by. or threalened with. an blr.c sped...1
mca-u,"
outbreak of nny dnngcrous epidemic disease. the President of the Union. if and pre-
he thinks that the ordinary provisions of the law for the time being in force ",ibcrcjo(ul:\.
linus :os I...
llre insufficient for the purpose. may take or require or empower any person dalll:crOUI
to take such measures and. by public notice. prescribe such temporary epidcnolo;
disuse.
regulations to be observed by the public or by any person or class of persons
as he shall deem necessary to prevent the outbreak of such disease or the
spread thereof. and may determine in what manner and by whom :lOy expenses
incurred (including compens:lliun if any) shall be defra)'ed.
(2) In particular. and without prejudice to the generality of Iheforegoinl
provisions. the President of the Union may lake me:lsures and prescribe
regulalions for-
(a) the inspection of any ship or vessel leuing. or arriving al. any
port in the Union of Burma and such detention thereof. or of any
person inlending 10 sail therein or atrivins thereby. as may be
necessary; and
(b) the inspection of persons travelling by railway or otherwise. ana
the segregation, in hospital, temporary accommodation or
otherwise. of persons suspected by the inspecting officer of
being infected with any such disease.

3. Any person disobeying any regulation or order made under this Act PCIl...lty.
sball be deemed to have committed an offence punishable under section 188
of the Penlll Code.

......-.
4. No suil or other legal proceedinl shall lie asainst any person for Protettlua 10
anythinl done Or in good faith intended to be done under this Act. ;oc:tinKu,,~

I Sut.litllled by Ad XXXIX, 19SOo

 78

THE GHEE ADULTERATION ACT.

[BURM... ACT VI. 1917.] (15th December. 1917.)
,..
Munil1~ of 2. For the purposes of this Act. unless there is anything repugnant in the
.duller:Utd
,Iou. subject OJ context.-
ghu shall be deemed to be "adulterated"-
(i) if any substance has been miud or packed with it so as 10
reduce or lower or affect injuriously its quality. or
(ii) if any substance has been sybstituted wholly or in part for the
article. or
(iii) if any valuable constituent of the article has been wholly or in
part abstracted.

Sal~ and Maflu!acl/lu.

Prohibllim 3. (I) No person shall sell. e~pose or hawk about for sale. or
of uk. ~1C".
01 llO"'urc: manufacture. import or store for sale. any ghe~ which contains any substance
llitt. which is not derived eXclusively from milk or which is :adulteraTed. unwhole-
some or unlit ror hyman food
(2) No person shall sell. expose or hawk about for sale. or manufacture.
import or store for sale. any article similar 10 e1l('(' under a name which in any
way resembles or contains the name gl1u.
() In any prosecution under this section it shall be no defence to
allege that the vendor. manyfaclurer. imporler or storer was ignoranl of the
nature. substance or quality of the article sold. exposed or hawked about for
sale. or manufactured. imporled or slored for sale. by him.
(4) In any prosecution under this section Ihe Court shall. unless and
until the contrary is proved. presume that any 8h~e found in the possession of
a person wbo is in the habit of manub.cturing, imporling or sloring chee has
Geen manufactured, imported or slored for sale by such person.

Prohlbitlon 4. (J) No person shall keep or permit to be kept in any factory. shop
of .dulten. or place in which ghu is manufactured or stored. any substance intended to
tioa in pl.rea
where ,Iou be used for the adulteration of ghee.
il m.nufac. (2) If any article capable of being so used is found in any such factory.
lur~d or
stored. the Court shall. unless :and until the contrary is proved. presume. In any
prosecution under this ~ction. that it was intended so 10 be \lSCd.

Insption and Seiture.

In,p:;oo;tiod 01 S. It shall be tbe duty of the Health Officer in 811 municipalities in which
,II" c:JlpCllled
for tale.
a Health Officer has been appoinled and of the Civil Surgeon elsewhere 10
 Ghee Adulteration. 79

make provision for the constant and vigilant inspection of ghee exposed or
hawked about for sale. or imported. stored or brought to any place for the
purpose of sale or of preparation for sale.

6. (f) The Health Officer in all municipalities in wbich a Health Officer Power to
has been appointed and the Civil Surgeon elsewhere. or any person duly !leize adul-
tcraledt""
authorized either generally or specially ill this behalf by the President of the aud ib apo
Union. may at all reasonable times inspect and examine any such ghu and any purlenaa<.:eS
utensil or vcs~el used for the preparation or manufacture of or containing any
such Rhee.
(2) If any such Rhee appears to such officer to be not derived exclusively
from milk. adulterated. unwholesome or unfit fOr human food. or if any such
utensil or vessel is of such a kind or in such a state as 1<.1 render ght't' prepared.
manuf..ctured or contained therein unwholesome or unfit for human food. he
may seize and carry away such ghee or any such utensil or vessel in order that
the same may be dealt with as hereinafter provided.
(3) Such officer may. instead of carrying away any ghee seized under
sub-section (2). leave the same in such safe custody as he may think fit in
order that the same may be dealt with as hereinafter provided. and no penon
shall remove ~uch Rllee from such custody or interfere or tamper with the
same in any way while so detained.

,. The provisions of sections 5 and 6 shall also apply to any such ght'e Al'l'liCIIlion
in course of transit or stored in any place. 0I.eelion.5
and 610 gI,"
I" <our." 01
tr:m~it or
storcd.

8. When any Rhee. utensil or vessel is seized under sub-section (2) of Dcllruclion
section 6 it may. with the consent of the owner or the person in whose of ~h"
!lei.e<!.
possession it was found. be forthwith destroyed in such manner as to prevent
its being again exposed for sale.

9. (J) Any Rhee. utensil and vessel seized under sub-section (Z) of P,oecdure
section 6 which is not destroyed in pursuance of section 8 shall be forthwith for ~i.p,,-~I
of ~hr,
taken before the Subdivi~ional Magistrate or a Magistrate of the first class. Ici.cd.
(2) If it appears 10 such Magistrate that any such ghee is not derived
exclusively from milk. or is adulterated or unwholesome or unfit for human
food. or Ihat any such uteMiJ or vessel is of such kind or in such state as
aforesaid. he shall cause the same to be destroyed.
(3) If it appears to such Magistrate that any sucb ghee is derived exclu-
sively frOm milk. or is not adulterated. unwholeSOme Or unfit fOr human food.
or that any such utensil or vessel is not of such kind or in such state as
aforesaid. the person in whose possession it was at the time of its seizure shall
be entitled to have it restored to him. lind it shall be in the discretiOn of the
Magistrate to award him such compensation. not exceeding the actual loss
which has been sustained. as the Magistrate rna)' think proper.
 80 Ghu Adul'"Qlion.

Compullory 10. (I) If any sucb officer as is referretl to in section 6 requires sale to
ule for .
pu1PCJ1" of
bim of any gllt!~ exposed for sale and tenders the price for a quantity not nlOre
anal)"'ls. than is reasonably requisite for di~isioo and disposal under sub-sections (4)
and (5). the person exposing the same for sale shall be bound to sell such
quantit),.
(2) Such officer may require. on tendering the pricc for it. the sale to him.
during the process of manufaclUre or during imporlation or storage. of any
quantity of t:htt. not being more than is reasonably requisite for dhision and
disposal under sub-sections (4) and (5). and an)' person in possession of the
said ghu shall be bound to sell such quantity.
(J) Such officer may likewise require the delivery to hinlself of such
quantity as is reasonably requisite for the purpose of analysis of any gh~t
which is_
(0) in cour~ of transit. or
(b) stored in any plaee :
and in every such case the price of the Rhtt so delivered shall be pa)'3ble by
such officer to the owner of the same. if claimed by such owner within one
month from the date of the said surrender.
(4) When any such sale or deliver)' is completed. such officer shaII
forthwith notify to the person selling or delivering the gill'' or his agent his
intention to have the sallle analysed. and shall divide the R"l'e into three parts.
and shall make eaeh pari ;oto a separate packet and shall securely {aslen. seal.
sign and date each packet. He shall deliver one of the packels to the person
selling Or delivering the J,!hu or his agent. shall retain another for future
comparison. and shall 5cnd the third to the Chemical Examiner to Government.
(5) A report signed by the Chemical Examiner to GO\'ernment shall be
sufficient evidence of the resuh of such 'lnalysil.

11. No prosecution shall be instituted under this Act wit~out the written
""""'"
r.,quirtd foe
proeculion
uoder Act.
order of the District Magistrate.

Penalties.

l'ellllly (or 11. Whoever-

oIfe"e~. (a) contravenes any provision of any of the sections of this Act
mentioned in the first column of the following table. or
(b) fails to comply with any direction lowfull} given to him or any
requisition lawfully made upon him under any of the said
sections.
shall be punished with fine or imprisonment which may extend to the amount
mentioned in that behalf in the third column of the said table.
Explonalion.-The entries in the second column of tbe following table
t~ded .. Subject". are not intended as definitions of the offences described.in
 Ghee Adlliteration. 8.
the sections mentioned in the first column. or even 3.S abstracts of those
sections. but are inserled merc:ly as references to the subject of such.
sections.

Rfnella-:. 10 the ~lIhjed olille.

stdiOll. Pernlll,..

SlIk of du: not derived ud.,. 0rIe thouund rllpen for:l Iiral
",h-e.l,. from milll or "'Ilicb i, offe~. ;ind Ill1pritonmenl
:ldllller;aled. "nu'bolnome Of' fn: a period of three alOl'lhs,
unfil '00 hllmall food. Of line of one.1booaandr"Pft".
or both, 'IX' all,. IlIbtcqllC1ll
Sa;tion 3. "'b-scction I%). Sale of a.ticle ";Ih ..ame .imjlll' "'~~
One hllf\dred "'[ltCll '01' 1I lint
10 r/au. o/fmce, 1I11d live h\llldrco:l
nlpeet fOf Iny "'1I!neq'-e.nl
of(ellCe.
S ction 4, _lIbsecti.... (I). Keepinl: or pennit1in, 10 be One hllndffd rllpea fIX' I 6<11
kept an,. SUI'Sl:In ",tended

""_.
offence, and. be bllndrcd
t.l be .-d for :ldullcnli... of ruPft' 101' :lny _lIb5e.quent
J:~Ic.
Seclioc\ 6. SIIb-lC>:t>on (..l Re"''''';ng, illle.te.;n. orlamroer. TWi;I hllildred ""ren.
ing with "Au;n custody.
5.:o:U..., 10.... lJ.~nlinn III. R.fur.ll 10 sell foo Ihe JYI'rose Two hundred
of ana1ysis.
Til""'.
Stion 10. IUt--sedioN {%J Rd.....1 10 Idl 0< aurrcnder "''''0 hlll\drcd npeu.
and'Jl. t~u for the purpoo.cs of
;anal)";", dll,i"l lQ:ulUfactll.C.
d,.

THE FOOD AND DRUGS ACT.

[BUKMA ACT X. 1928.] (lSI November, 1930.)

I. This Act Shlll cl\to:nu onl)' to such artas and shall apply to sU<:b :r:tent.
kinds of food and drugs as the President of the Union may. by notification.
direct.
2. In this Act. unless there is anything repugnant in the subject or Oelinitioas.
con:ell.t.-
(a) .. (rug ., ir.dudes any medicinal or chemical preparation for human
use. whether internal or external:
Ib) .. food" indudes every artide used for food or drink by man other
than drugs or water. and any artide which enters in~o or is used
in the composition or preparation of human foo:l. and also
include-, flavouring and condiments; and
(d .. Public Anal}"s~" means a ~erson appointed by the President of
the Union 10 be a Public Anal)'s: for the purpo,es of this Act
for any local area to which this Act nlay be extended.

J. (J) Whoever sells any article of food or any dru3 which is not of the Pc,,~lty for
selling
nature, substance or quality demanded by the purchaser. or any article of food :lTli~l'" of
bearing evidence of having been blown with air l'r liquid. or sell. or olfers or food or druC'
exposes for &31(', or man";l.[actures for sale any article of food or any drug not Of the

6
 Food and lJrugl.

p'- which is not of the nature. substance or quality which it purports to be, may
n.lur~. lub_
be punished for a first offence with fine which may extend to five hundred
lu,nee or
quality. rupees. and for a subsequent olfence with imprisonment which may extend to
three months. or wit:-' fine wh:ch may extend to one thousand rupees. or with
both.
(2) A purchaser of any artide of food or any drug shall, unlc5S the
contrary is proved, be deemed for the purpose of this se<:lion to have
demanded an article which is genuine and not injurious to health and is of a
nature. substance and quality prescribed. for such food or dC,Jg by the rules (if
any) made under.tbis Act :
Provided that. if the food or drug is mh:ed with any matter or is in
excess or deficient in respee: of any ingredient to an extent which is
determined by rule~ under this Act to be nOI injurious to health. and at the
time ot.sale the purchaser is informed in respect of that fact by a notice in
the form prescribed by the rules. the purchaser shall be deemed to have
demanded an article as described in the notice.
(3) In any prosecution under this section it shall be no defence to allege
that the seller was ignorant of the nature. substance or quality of Ihe article
sold. unless he j>un:based the same from a third party and sold the same in
good faith relying upon 8 written warranty by such plirty as to the nature.
substance and quality of the food or drug being such that its sale would be
no offence. and such warranty. together with a st:ellement of the name and
present address of such party. is filed in COurt within seven days after
service of process on the accused.
(4) An offence shall not be deemed to ha\e been committed under this
section in the following cases : -
(a) w'hcre any matter or ingredient not injurious to health has been
added to the food or drug because tbe same is required for its
production or preparation as an article of commerce in a state
fit for carriage or consumption. and not fraudulently to increase
its bulk. weight or measure or to conceal its inferior quality;
(b) where the food or drug is unavoidably mixed with some extraneous
matter in the process of collection or preparation to such slight
extent as to preclude any suspicion of intentional adulteration.

Penalty for 4. The Medical Officer of Health of any local area. the Health Officer
t~h.",1 10 of any municipality or cantonment. or any officer specially authorized by a
.dllo cc:rlOlin
oftic.cr' municipal or cantonment committee or by the President of the Union. or any
quantity person autborized in this behalf by any of the said officers. may apply to
required for
~a1yo.i purchue any article of food or any drug exposed for sale or on sale. and if
on tender of the price. the penon exposing or keeping the food or drug for
sale refuse to sell the same. be may be punished with fine whicb may. extend
to five hundred rupees:
Provided that where any article of food or drug is expO!ed for sale in an
unopened tin or packet duly labelled. no penon. unless he il a wholesale
 Food and Drugs. 83
dealer in such article of food or drug. shall be required to sell it except in
the unopenc;d tin or packet in which it i'J contained.

5. Any dealer in or purchaser of an article of food or of a drug who P.,wer of

submits the same to any Public Analyst. and pays such fee as the President of dealer in.
the Union may by nOlification fix in this behalf. shall be entitled to have the ~:.~~:Ier
same analyzed by such Public Analyst and to receive from him a certificate 10 have it
of the results of his analysis. :lnI.lyHd.

6. Any document purporting to be a report or certificate under the CertiliCllte

hand of a Public Analyst upon any article duly submiued to him for or rerorl of
l'lIbllc:
examination or analysis may be used as evidence of the facts therein stated in An.1YII to be
any enquiry. trial or other proceeding under this Act. adminible
in ...ideac:e.

,. No COUlt shall take cognizance of any offence punishable under thii Sand"".
requirc<! lor
Act- prosecutlon
(a) after the expiration of 45 days from Ihe date of pUlchase of aDy under Act.
article of food or any drug in res~ect of which tbe offence is
alleged. and
(b) without the previous sanction of the Health Officer of the
municipality or cantonment 01. ",here SUcll officer docs not exist,
of the Medical Officer of Health of the local area in which the
offence was alleged to have been committed.

8. The President of the Union rna)' make rules-- Power to

make ruin.
(a) regulating the r:rocedure for the pUlchase of samples of food and
drugs for analysis:
(b) providing for the submission 10 a Fublic Analyst of food or drugs
for analysis. and the forms of certificates of analYsis;
(c) for the dispo~al of arlicles forming the subject-mattel of an
offence und~r this Act :
(d) for determining the quantitative and qualitative standard of ingre.
dients for the proper nature. substance and quality of any food.
or drug;
(e) for deternlining the limits within which any substance foreign to the
proper nature. substance ilnd quality of any food or drug may
be present, 01 any ingredient may be in excess or deficient,.
without injury to health:
(I) fOI prescribing the descriptive terms of labels and notices required
by thi~ Act or by. any rule made thereunder the language 01-
lang:Jages in which they shall be wlitten or prin:ed. and the.
manner in ",hich they shall be so written 01 printed 01 in
which they shall be used: and
(g) genelally for carrying out the purposes of this Act.
 THE FOOD AND DRUGS (AMENDMENT) ACT. 1949.

[ACT LXm. 1949.) (25th October. 1949.)

WHEJ.EAS by re3on of wille and unrestricted sale of adulterated food
articles and of medicinal or chemical preparations for human use. grave
detriment to the hea!lh and: afety of the public is caused thereby. it is hereby
enacted as follows :-
1. (J) This Act may be called the Food and Drugs (Amendment)
Act. 1949.
(2) This Act extends to the whole of tbe Union.
1 (3) It shall remain in force until the President. by notilication.
directs that it shall cease to be in force.
2. lJ) So long as this Act shall remain in force. the Food and Drugs Act
shall be deemed to extend to the whole of the Union. and shall be deemed to
apply to all kinds of food and drugs.
(2) So long a'ii this Act shall remain in force. the operation of section 7
of the Food and Drugs Act !hall be suspended.
3. So long as this Act ~ball remain in force the offence punishable under
section 3 of the Food and Drugs Act shall be punishable in resr-ect of tbe first
offence with imprisonment which may extend to three yea rs and in respect of
any subseql:enl offence with imprisonment which may extend to ~even years.
The offender in respect of any offence subsequent to a fint offence shall also be
liable to a fine which may extend to two thousand rupees and to whipping.
4. Whoever sells or offers for sale or has in his possession any article
of food. adulterated in such a manner as to be injurious to human health. for
sale shall be deemed to have committed an offence under section 3 of the Food
and Drugs Act.
5. Whoever reUs o. oITers for sale or has in his pos!enion for !ate any
medicinal or chemical preparation for inlernal human use. injuriocs to human
health or safety. shall be deemed to have committed an offence under seclion
3 of tbe Food and Drugs Act.
6. (J) Whenever a Police Off;cer not below the rank: of Sub-Inspector
of Police has reasonable grounds for believing Ihal an offence under Ihe Food
and Drugs Act as amended by this Act is being committed. stich olfcer may.
after recording in writing the grounds of his belief and specifying in
such writing. as far as possible. the thing for which the search is to
be made. search or cause a search to be made. in any place within the limits of
his jurisdictio.l as defined by the President.
(2) The President may by order direct that subject to such conditions
as may be specified therein the powers exercisable under sub'section (I) may
be exercised by such officer or authorily as he may specify.

Puhlib~d In B>lnu Gllfttlt. 19-f9, P:ul I, r.945.

I Sublllh:l~d toy Act :<1,1951.
 Food Qnd Drugs (Am~ndment). 8S

(J) The provisions of s~ctions 101. 102 and 103 of the Code of
Criminal Procedure shall apply to a reareh made under tbis section.
7. <J) The President may by notification dirlet that from a date to
be specified in the notification no person sball sell or offer for sale or bave in
his possession for sale any patent medicinal or chemical preparation purported
to be for human use ucept under a licence issued in this behalf by such
authority as ;he President may appoint.
(2) The President may by such noti6catioD provide for the payment of
fees for the iSJut of Ijcences to sell or ha ..e in possession for sale under sub-
seclion (J) and also such other conditions for issue of such licences. as he
considers fit.
(3) Whoever sells or offers for sale or has in his possession for sale any
patent medicinal or chemical preparalion purpor(ed to be for human use ex.cept
under a licence issued under sub-section (J) shall be punished with imprison-
menl which may extend to two years. or with fine. or with both.
8 Whoever makes any eflgraviflg or priflts a label or any other printed
or lithographcJ mat.:riJ.1 for the purpose of facilitating or kno.....ing it 10 be
likely to facilitate sale or issue of imiiations of patent medicinal or chenlical
preparations for human use shall be punished with imprisonment which
may extend to five years. and shall also be liable to a fine.
9. Tht: Food and Drugs (Amendment) Ordinance. 1949. and tbe" Food
and Drugs (Amendmenl) (Amending) Ordinance. 1949. are hereby repeal~d.

THE DANGEROUS DRUGS ACT.

CONTENTS.

CHAPTER t.

PRELIMINARY.
Section',
I.
2.
Definitions.
3. Calculation of percentages in liquid preparations.

CHAPTER n.
PaOHIBmON AND CaNnOL.

4. Prohibition of certain operations.

.5. Control of President oyer production and supply of opium.
6. Control of President over manufacture of manufactuad drugs.
1. Control of President over operations at land and sea frontiers.
86 Donguou3 Drugs.

Stioru;
8. Control of President over internal traffic in manufactured drugs and
coca leaf.
SA. Prohibition against indueing or helping a person under twenty-five
yean of age to use prepared opium. etc.
g. Conuol of President over external dealings in dangerous drugs.

CHAPTER III.

OFFENCES AND PENALTIES.

10. Punishment for contravention of section 4.

11. Punishment for contravention of section 5.
12. Punisholcnt for contravention of section 6.
13 Punishment for contravention of section 7.
14. Punishment for contravention of seclion 8.
14A. Punishment for contravention of seclion SA.
15. Punishment for allowing premises to be used for the commission of
an offence.
16. Enhanced punishment for certain offences after previous conviction.
17. Enhanced punishment for offence under section 15 after previous
eonviction.
18. Security for abstaining from cOlUmission of cUlain offences.
19. Penalty for contravention of uction 9.
20. Attempts.
21. Abetments.

CHAPTER IV.
hocEDuaE.
22. Power to issue warrants.
23. Power of entry. search. seizure and arrest without warrant.
24. Power of seizure and arrest in public places.
2S. Mode of making searches and arrests.
26 Obligation on officers to assist each other.
27. Report of arrests and seizures
28. Punishment for vexatious entry. search. seizure or arrest.
29 Disposal of persons arrested and of articles seized.
30. Powu to 'invest Excise officers with powers of an officer in charge of
a police-station.
31. Jurisdiction In try offences.
32. Presumption (rom possession of illicit articles.
33. Liability of illicit articles to confiscation.
34. Pr\lCedure in making confiscations.
35. Power to make rules regulaling disposal of confiscated aniciles and
rewardL
 Dan.gtTOUI DTUgl. 11
CHAPTER V.

MISCELLANEOUS.
Sectioru.
36 Provisions regarding rules.
37. Recovery of sums due to Government.
38 Application of the Sea Customs Act.

SCHEDULE I.-Form of bond to abstain from the commiuion of offence.

under the Dangerous Drugs Act.

THE DANGEROUS DRUGS ACT.

[INDIA ACT II. 1930.) (1st February. 1931.)

WHERl:.AS India participated in the Second International Opium P

Conference. which was convoked' in accordance with the resolution of the
Assembly of the League of Nations. dated the 27th day of September. 1923.
met at Geneva on the 17th day of Novcmbcr. 1924. and on the t91h day of
February. 1925. adopted the Convention relating to Dangerous Drugs
(hereinafter referred to as the Geneva Convention) :
ANO WHEREAS India was a State signalory to tbe said Geneva Con...ention ;
AND WHEREAS the Contracting Parries to the said Geneva Convention.
resolved to take fun her measures to supprns the contraband traffic in and
abuse of Dangerous Drugs. (Specially those derived from opium. Indian
hemp and coca leaf. such measures being more particularly set fOrth in the
Articles of the said Geneva Convention:
AND WIIEREAS for the effective curying out of the said measures it is
eltpcdien! that the COn!rol of certain operations relating to Dangerous Drugs
should be centralized and vested in the President of the Union:
AND WHEREAS it is also expedient that the pcn:lUics for certain offences
relating to Dangerous Drugs should be increased. and that all penalties
reIdling to certain operations should be rendered uniform throughout the
Union of Burma:
It is hereby enacted IlS follows :-

CHAPTER I.

]. . . . . PltELlMtNARY.

1. In this Act. unless there is anything repugnant tn the subjcct or Delioililll8.

context.-
(D) .. coca leaf" means-
m the leaf and young twill' of any coca plant. that is. of the
ErJlhruxylon coco (LAmk.) and tho.l::TythTox)'lon novogranottfLtt
(/lirTn.) and their ,?'rietic:s. and o~ any other .pecies of thit
88 Dangerous Drug$..

genus which the President of the Union may. by noti6cation

in the Gueue. declare to be coca plants for the purposes of
this Act; and
(ii) any mixture thereof. with or without neutfal rnattrials; but
does not include any preparation comaining not morc tban
0.1 per cent. of cocaine;
(b) .. coca derivative" means-
(j) crude cocaine. that is. any extract of coca leaf which can be
used. dircctly or indirec!ly. for the manufacture of coc:l.ine;
(ij) ecgonine. that is. l:r\"occgonine having the chemical formula
4H,~NO. H~O. and aU the derivatives of Ilt\Qecgoninc from
which it can be rttovercd ;
Wi) cocaine. thai is. methylbenzoyl-Izvoccgonine having the
chemical formula C'lH.,NO., and ils sallS; Qnd
(iv) all preparations. ol[cjnal and non-o:f.cinal. containing mare
than 0.1 per cent. of cocJine;
(d .. hemp" means-
(i) the leaves. small stalks and flowering or fruiting tops of the Indian
hemp plant (Cannabi:r :rativa L.). including all forms known
as bhang. :riddhi. or ganja :
(ii) charas. that is. the resin obtained from the Indian hemp
plant. which has not been suhmiued to any manipulations
other than those neceSSlry for packing and transport; and
liii) any mixture. with Or without neutral materials. of any of the
above foems of hemp Or any drink prepareu therefrom;
(d) "medicinal hemp" me:ms ~my extract or tincture of hemp:
(e) "opium" means_
(i) the capsules of the poppy (Papavu somni/erum L.) :
(ii) the spontaneously coagulated juice of such capsules which has
not been submitted to any manipulations other than those
necessary for packing and transport; and
(iii) any mixture. with or without neutral mato:rials. of any of the
above forms of opium:
but does not include any preparation containing not more than
0.2 per cent. of morphine;
<n "opium derivative" means-
(j) medicinal opiunl. that is. opium which has undergone the
processes nect5nry to adapt it for medicinal use in
accordance with the requirements of the British
Pharmacopaia. whether in powder form or granulated or
otherwise mixed with neutral materials ;
(il) prop",d opium. that is. any product of opium ohtain.d hy
any series of operations designed to transform opium into an
extract suitable for smoking. and the dross or olber residue
remainins after opium is smoked:
 Dangerou.r Drugs. 8.
(iii) morphine. that is. tbe principal alkaloid of opium having the
chemical formula CITH.. NO. and its salts;
(iv) diacetylmorphine. tbat is. the alkaloid. also known IS diamor
phine or heroin. having tbe chemical formula c.~O and ..
its salts; and
(v) all preparations. officinal and non-officinal. eantaining morc
than 0.2 per cent. of morphine. or containing any
diacetylmorphine:
(D) "opiumsmoking establishment" means a building. hobse. room.
shop or any other place kept or used as a resort for persons
desiring to smoke opium;
(g) "manufJctured drug" inc\udes-

(i) all coca derivatives. medicinal hemp and opium derivatives:

,"d
(ii} any other narcotic substance which the President of the Union
may. by notification in the Gazette made in pursuance of a
recommendation under Article 10 of the Geneva Convention
Or in pursuance of any international convention
supplementing the Geneva Convention. declare to be a
manufactured drug;
but does not include any preparation which the President of
the Union may. by notif.cation in the Gazette made in
pursuance of a finding under Article 8 of the Geneva Conven-
tion. declare not to be a manufactured drug;
(h) "dangerous drug" includes coca leaf. hemp and opium. and all
manufactured drugs :
(i) "to import into the Union of Burma" means to bring into the
Union of Burnla by land. sea or air:
(j)

(/) . . . .
(k) .. to export from the Union of Burma" means to take out of tbe
Union of Burma by land. sea or air;

(m) "to transport" means to take from one place to another in tbe
Union of Burma.

C~eulali~
3. The President of the Union may make rules prescribing the method of perccolo
by which percentages in the case of liquid preparations shall be calculated ~C"in
for the purposes of clauses (a). (b). (d and (f) of section 2 : Iiqllid pre.
paraliom.
Frovided that. unless and until such rules are made. ~uc:h percentages
sball be calculated on the basis that a preparation containing one per cent.
of a substance means a preparation in whicb one gramme of tbe substance. if
a solid. or one millililre of the substance. if a liquid. is contained in every
one bundred millilitres of tbe preparation. and 10 in yroportion for any
grtater or less percentage.
 90 DongtruuJ Dr"gh

CHAPTER II.

PROHIBITION AND CONTIlOl.

.,.,......
Prohibition 4. (I) No one sball-
of (ellain
(0) cultivate any coca plant. or gather any portion of a coca plant
(b) manufacture or possess prepared opiunl. unless it is prepared
from opium la.....fully possessed for the consumption of the
person so possessing it. or
(c) import into the Union of Burma. e.port from the Union of Burma.
tranship or sell prepared opium:
Provided that this section shall not apply to the cultivation of any coca
plant or to the gathering of any portion thueof on behalf of Go\"Crnment,
(2) The President of the Union nUlY make rules I restricting and
regulating the manufacture and possession of prepared opium from opium
which is lawfully possessed under clause (bl of sub-section (I).
Control of 5. (I) No one shall-

,.......
Prrsldalt
O\'er PTCrduc- (0) cultinte the poppy (Pop<Jl'tr sanlni/emtn L). or
(b) manufacture opium.
allpfll)' of
Clipill.n. save in accordance .....ith rules made under subStction (2) and with tbe
conditions of any licence for that purpose which he may be required to
obtain under those rules.
(2) The President of the Union may make rules pernliUing and'
regulating the cultivation of the poppy (Papaver sonmi/uum L.) and the
manufacture of opium. and such rules may prescribe the form and conditions
of licences for such cultivation and manufacture. the authorities by which such
licences may be granted. the fees that may be charged therefor. :lnd any other
matter :equisite to render effective the control of the President of the Union
over such cultivation and manufacture.
(3) The President of the Union may also make rules permil!ing and
regulating the sale of opium from Government factories for export or to
manufacturing chemists.
Control of 6. (J) No one shall manufacture any manufactured drug. other than
Pruldenl prepared opium. save in accordance with rules made under sub-section (2)
o\,ermanll-
lactll" 01 and with the conditions of any licence for that purpose which he may be
manuf;\Clur- required to obtain under those rules.
eddrul;
(2) The President of the Union may make rules permitting lind
regulating the manufacture of mll.nufacturel1 drugs. other than prepared opium.
and such rules may prescribe the form and conditions of licences for such
manufacture. the authorities by which such licences may be granted and the
fees that may be charged therefor. and any other matter requisite to render
effective tbe control of the President of the Union over such manufacture.

, For the Ib"ierous Dnlgs( Prcl"".led ort II.) Rules. 19J1l. l." 8".d Gdfdlt. 1938. Part t.
p. 1.57.
 Dangerous Drugs; 9.

(3) Nothing in this section ~haJl apply to tbe nlanulacture of medicinal

opium or of preparations containing morphine. diacetylmorphine or cocaine
from materials which the maker is lawfully entitled to possess.

,. (1) No one ,haJl-

Control of
(a) import into the Union of Burma. Prnldenl
eve!' opera-
(b) export from the Union of Burma. or lionl at land
(c) tranship .nd tea
fronlien.
any dangerous drug other than prepared opium, save in accordance with rules
made under sub-section (2) and witb the conditions of any licence for tbat
purpose which he may be required to obtain under those rules.
(2) The Fresident of the Union 1nay make rules I permitting and regula
ting the import into and export from the Union of Burma and the tranship
nlent of dangerous drugs. other than prepared opium. and such rules may
prescribe the ports or places at which any kind of dangerous drug may be
imponed. exported or transhipped, the farm and conditions of licences for
such import, export or transhipment. the authorities by which such licences
may be granted, the fees that may be charged therefor. and any other matter
requisite to render effective the control of the President of the Union over
such import. expon and transbill:ment.

I, (I) No one shall- Coo'

Po_," of
(a)transport. possess or sell any manufactured drug. other than O\'flr jutau.al
tnf&c In
prepared opium. or coca leaf. or manll'ac-
fb) manufacture medicinal opium or any preparation containing tUTed dr"UflI .
.....1 coca
morphine, diacetylmorphine or cocaine. leaf.
save in accordance with rules made under subsection (2) and with the condi
tions of any licence for that purpose which he may be required to obtain
under those rules.
(2) The President of the Union may mali:e rules permitting and regulating-
(0) the transport. posseuion and sale of manufactured drugs. othel
than prepared opium. and of coca leaf: and
(b) the manufacture of medicinal opium or of any preparation contain-
ing morphine. diacetylmorphine or cocaine from materials which
the maker is lawfully entitled to possess.
Such rules may prescribe the form and conditions of licences for such
transport, possession. sale and manufacture. the autborities by which such
licences may be granted and the fees that may be charged therefor. and any
other matters requisite to render effective the control of the President of the
Union oyer sucb import. expor.t. transport. possession. nle arad manufacture.
(3) Save in $0 far as may be expreuly provided in rules
made under sub-section (2), nothing in this section shall apply to manufactured

I 10'01 tho: D;mgtrewo Drugs (Import. E)pcN"t and Transhipmfl~t) Rul.I. 1938, ue Btl,.,.,.
G/lw't, 19)1t. Put I, p.U9.
 9. Dangrrous Drugs.

drugs which are the property and in the possession of Government

Provided that such drugs shall not be sold or otherwhc delj"ered to any
person who. under the rules made by Ihe President of the Union under this
section. is not entitled to their possession.

Yrohlbition SA. No one shall-

;ap!ll.t
indutinc or (0) induce any J:erson under twenty-five years of age-
hdpin: ;a
person under W to use prepotred opium. or
t .. etll~'five
.,ran 0( ;a:e
em10 eDler an opium-smoking establishment. or
10 UIN: (iii) to procure prepared opium. or
prefIMni
opium, etc.. (b) facilitate tbe doing by any pbson under twenty.the years of age
of any of the acts set out in clause (a).
Coolrol of 9. No one shall engage in or conlrol any trade whereby a d:lngerous
I'rrsidcnl
O\'L"Tulcrn.al drug is obtained oUlsice the Union of Burma and supplied to any person
dr~l;nj(s in outside the Union ~ of Burma. save in accordance with the condit,ons of a
d"It~m,,"
tlruil"
licence granted by and at the discretion of the President of the Union.

CHAPTER IIr.

OFFI!NCES AND PENALTIES.

Puni.hmenl 10. Whocvcr-

for QlClb'a-
nnlion of (0) cultivates any coca plant or gathers any ponion of a coca plant.
Kd'on 4,
(b) manufactures or possesses prepared opium otherwise than as
permitted under section 4. or
(d imports into the Union of Burmll. exports from the Union of
Burma. tranships or sells prepared opium.
shall be punished with imprisonment which may extend to two years. or with
fine. or with both:
Provided that this section shall not apply to the cultivation of any coca
plant or to tbe gathering of any portion thereof on behalf of Government.
Punl.hmtnl 11. Whoever. in contravention of section S. or any rule made under that
tor eonlr.a-
vcnUon of section. or of any condition of a licence granted thereunder.
.cdion S. (0) cultivates the poppy. or
(b) manuf-actules oilium.
sb::tll be punished with imprisonment whicb may extend to two years. or witb
6ne. or with both.

11. Whoever. in contravention of section 6. or any ru!e made under th:tt

'Pllnllhmcut
or cup\.r..-
vuti.,n uI:
section. or uny condition of a liceoce &ranted thereundcr. manufactures any
ICdinu 6. manufactured drug. shall be punished with imprisonment which may extend to
tViO yean. or with fine. or with both.
 Dangerous Drugs. 93
13. Whoever. in contravention of section 7. or any rule made under that PuDilhmaat
for contra.
section. or any condition of a licence rranted thereunder. "enl>on of
aecUou ,.
(a) imports intO the Union of Burma.
(b) exports from the Union of Burma. or
(d tranships
any dangerous drug. shall be punished with impriwnment which may extend to
two years. or with fine. or with bOih.
14. Whoever. in contu.vention of fection 8. or any rule made under tbat PnnbhmeDt
. d . f ,. . _. b d for (:Ohtr.l-
section. or any can ItlOn 0 a lCence I$SUa. I ereun cr. nnli"., of
(a) transports. possessC3 or sells any manufactured drug or coca leaf. or ..:dIOD 8.
(h) manufactures medicinal opium or any preparation containing
morphine. diacetylmorphine or cocaine.
sball be punished witb iml'ri~ollment which may extend to IWO years. or witb
fine. or witb both.
14A. Whoever. in contravention of section 8A.- pgnilhmcnt
lor COlll1'a.
(a) induces any per~on under tll<enty!ive years of ale- Vcnlion of
iel:llon IA.
Ci) to use prepared opium. or
(iD to ellter an opiumsmoking establishment. or
(iii) to procure prepared opium. or
(b) facilitates the doing by any person under t.....entyfive yean of age
of an) of the acts !et out in clause (a).
sball be punishable with imprisonment v.hicb may extend to two yean. or ",itb
fine. or with both.
15. Whoever. being the owner or occupier or having the use of any house. Plwilhmcal
lor allowih&
room. enclosure. space. vessel. vehicle. or place. knowinaly permits it to be premisesla
used for the comnluaion b)" any other Fenoo of an offence punishable under beu~ lor
the wmmiao
section 10. section 12. sectiun 13. section 14 or !cction 14A. Shllll be punished IiIon hf aD
with imprisonment which may extend to two years. or with fine. or with both. offeDCll..
16. Whoever. having been con'ii~ted of an offence punishable under secfon Enhanced
puni,hmchl
10. ~ection
12. !ection 13. {ection 14 or (eetion IliA. is ngain guilty of any tor certain
offence puni!hable under any of tho:c ~ections. shall be subject for every such offcncCl
sub~equent offence to impri~onment which may extend to four years, or to fine. lifter pre-
I'io,,' 1ft.
or to both. . rkt:o<l.
17. Whoever. having been convicted of an offence puni'ihoble under !ection )o:nh"r><:e<t
plUli,hmC'at
15. is again guilty of an offence puni!hab!e under that seetion. sh!lll be subject for ofl"eDOC

-......
for every such subsequent offence to imprisonment which may ex.tend to four \IQdeT scctiOJ:
years. or to fine. or to both. 15 aftet
pre"illllll
CODvieliOll.
18. (I) Whenever any per!on is con.. ic:ed of an offence punishable under
section 10. section 12. section 13. seet:on 14 or section 14A, and tbe Courl :aNlafllinl
from com-
convicting him is of o,inion that~it .is necessary to require such Ferons to aaiMioRof
 94 f:}angerQUs Drugs.

certain execute a bond fat abstaining from the commission of offences punishable
offcneCli.
under those sections. the Court may. at the time of passing sentence on such
. person. order him to execute a bond for a sum proportionate to his means.
with or ..... ithout sureties. for abstaining from the commission of such offences
during such period. not exceeding three years. as it thinks fit to fix.
(2) The bond shall be in the form contained in Schedule I. and the
provisions of the Code of Criminal Procedure shall. in so far as they are
applicable. apply to all matters connected with such bond as if it were a bond
to keep the peace ordered to be executed under section 106 of that Code.
(3) If the conviction is fet aside on appeal or othelwise. the bond so
executed shall become void.
(4) An order under this section may also be made by an appellate Court.
or by the High Court when exercising its powers of revision.
Pcnally fOl 19. Whoever engages in or controls any trade whereby a dangero:Js drug
contra,clI-
tion 01 is obtained outside the Union of Burma and supplied to any person outside
ncHon9. the Union of Burma. otherwise than in accordance with the conditions of a
licence granted under section 9. shall be punished with fine which may extend
to one thousand rupees.
AIICIl\(It1. 20. Whoever attempts to commit an olIence punishabl e under this
Chapter. or to cause sueh an offence to be committed. and in such atlcmpt
does any act towards the commisson of the offence. shall be punished with the
punishment provided for the offence.
At>etmcnl. 21. (/) Whoever abets an offence punishable under this Chapter shall.
whether such offence be or be not committed in consequence of such abctment.
and notwithstanding anything contained in section 116 of the Penal Code. be
punished with the punishment provided for the offence.
(2) A person abets an offence within the meaning of this section who.
in the Union of Burma. abets the commission of any act in a place without
and beyond the Union of Burma which~
(a) would constitute an offence if committed within .he Union of
Burma: or
(b) under the laws of such place. is an offence relating to dangerous
drugs having all the legal conditions required to constitute it
such an offence the same as or analogous to the legal condi.
tions required to constitute it an offence punishable under this
Chapter. if committed within the Union of Burma.

CHAPTER IV.

PROCEDURE.

Power 10 22. (/) The Collector. or other officer authorized by the President of the
iuur .
....n,ml. Union in this behalf. or a Magistrate of the first class. or a Magistrale of the
second class specially empowered by the President of the Union in this hehalf.
may issue a warrant for the arrest of any person whom he has reason 10
 DangerolU Drugs. 9"
belien to have committed an offence punishable undcr Chaptn III. or for the
search. whether by day or by night. of any building. v~sel or place in which
he has reason to believe any dangerous drug in respect of which an offence
punishable under Chapter III bas been committed is kept or conceald,
(2) The orecer to whom a rurch-warrant under sub_section (I) is
addressed shall have all the powers of an officer acting under section 23,
23. (J) Any officer of the department of Excise. Police. Customs. Salt. Powu at
Opium. or Revenue. superior in rank to a peon or constable. authorized in mb"y,
le3rdl,
this behalf by the President of the Union. who bas reason to believe. from lei.ure and
personal knowledge or from information given by any Fenon and taken down arr"sl ",ilh-
outwammt.
in writing. that any dangt:rou. drug in respect of which an offence punishable
under Chapter III has been committed is kept or concealed in any buihling.
vessel or enclose:! place. may. bctwe~n sunri~e and sunset.-
(II) ent,r into any such building. vessel or place;
(b) in ca~e of resistance. break open any door and remove any other
obstacle to such entry:
(d seize such drug and all materials used in the manufacture thereof.
and any other article which he has reason to believe to be
liable to confiscation under section 33. and any docun:.ent or
olhn article which he has reason to believe may furnish
evidence of the commission of an offence punishable under
Chaptu III relating to such dru! : a~
(d) detain and search. and. if he think proper. arrest any person whom
he has reason to believe to have committed an offence punish-
able under Chapter III relating to such drug:
Provided that if such officer has reason to believe tbat a search-warrant
cannot be obtained without affording opportunity for the concealment of
e\'idence or facility for the e~cape of an offender. be may enter and fearcb
such building. vessel or enclosed place at an) time between sunset and
sunrise. ater recording the grounds of his belief.
(2) Where lin officer takes down any information in writing under sub-
section (Il. or records grounds for his belief under the proviso tbereto. be
shall forthwith send a copy thereof to his immediate off.cial superior,

24. Any officer of any of the departments mentioned in section 2) may- Power of
,,,izure and
(0) seize. in any public place or in transit. any dangerous drug in arrHI in
respect of which he has reason to believe an offenee punishable public
platu.
under Chapter Ill. has been committed. and. along with ,uch
drug. any oUler article liable to conlhcation under section 33.
and any document or otber article wbich he has rC8!On to believe
may furnish evidence of the commi~ion of an offence punishable
under Chapter III relating to such drug:
(b) detain and search any person whom be bas reason to bel;eve to
have committed an offence punisbable UDder Chapter III. and.
if sucb person has any danaerou. drug in bit. ~iOG and
 96 Dangerous Drugs.
such possession appears to him to be unlawful. arre,t him and
any other persons in his company.
Mode "f 15. The provisions of the Code of Criminal Procedure shall apply. in sO
m:lking
carchu ~nd far as they are not inconsistent with the provisions of sections 22. 23 and 24
llr.ull_ to all warrants issued and arrests and searches made under those sections.
Obligalions 26. All officers of the several departments mentioned in section
on otf<xu 10
aSlist each 23 shall. upon notice given or request made, be legally bound to assis. each
other. other in c::arrying out the provisions of this Act.
R~port of 17. Whenever any person makes any arrest or seizure under this Act. he
arrnts and
leU: .ra. shall ......ithin fony-eight hours next after wch arrest or f'eizure. make a full
report of all !he particulars of such arrest or seizure to his immediate official
superior.
Punishme.,t 18. Any person empowered under scetion 23 or section 24 who-
f"r vnalimll
enlry. (a) without reasonable grounds of suspicion. enters or searches. or
~e",~h.
~i~,,~ or causes to be entered or searched. any building. vessel or place;
.ne~l. (b) vexatiously and unnecess:l.rHy seiz(s the rroperty of any person
on the pretence of seizing or searching for any dangerous drug
or othel article liable to be confiscated Und(f section 33. or of
seizing any document Or other article Iiablc to szizure under
section 13 or section 24: or
(cl vexatiously and unnecessarily detains. searches or arrest~ any
person.
shall be punished with fine which may extend to five hundred rupees.
t:i$poI~l of 29. (J) Every person arrested and article seized under II warrant issued
pe"""1 under ~ection 22 shall be forwarded without delay to the authority by whom
arre~l~d
anti of the warrant was issued; and every person arrested lind article seized under
:\reid" section 23 or secTion 24 shall be forwarded without delay to the officer in
seized.
charge of the nearest police-station or to th, neare~t o.Tlcer of the Excisc
llipartment empowered undcr scelion 30
(2) The authority Of officer to whom any person or article is forwarded
under this section shall. with all convenient d~spatch. take such measures as
may be necessary for the disposal according to law of such person or article.
Power 10 30. The President of the Union may invest olny o'ficer of the Excis~
Invell Exeise
offlCe'l wilh Department. Of any class of such officers...... ith the powers of an officer in
powers or charge of a police-station for the investigation of o'fenc:s under this Act.
~n otlicer in
eharlte of a
polk,,-
Itatton.

JlIrisdidion
to Iry 31. No Magistrate shall try an offence under this Act unless he is II
offencel. Magistrate of the first class. or a Magistrate of the second class specially
empowered by tbe President of the Union in Ibis bebalf,
 Dangerous Drugs. 97
32. In trials under this Act it may be presumed. unless and until the Presulnption
frOIn poae~
contrary is proved. that the accused has committed an offence uuder l;hapter .ion ot iJli~it
HI in respect of - .... ti~Ju. .

(a)any dangerous drug:

{b) any poppy or coca plan! growing on any land which he has
cultivated:
(c) any apparatus specially designed or any group of utensils specially
adapted for the manufacture of any dangerous drug: or
(d) any materials which have undergone any process towards the
manufacture of a dangerous drug. or any residue left of the
materials from which a dangerous drug has been manufactured.
for the possession of which he fails to account satisfactorily.

33. (1) Whenever any offence has been committed which is puni~hable l.illbilHy of
under Chapter III. the dangerous drug. materials. apparatus and utensils in illicit
3rlld~1
respect of which or by means of which such offence has been committed shall to ~onli.~a
(jell.
be liable 10 confiscation.
(2) Any dangerous drug lawfully imported. transported. manufactl'red.
possessed. or sold along with. or in addition to. any dangerous drug which is
liable to confiscation under sub-section (1). and the receptacles. packages and
coverings in which any dangerous drug. materials. apparatus or utensils liable
to confiscation under sub-section (1) is found. and the other contents. if any.
of such receptacles or packages. and the animals. vehicles. ves~ls and other
conveyances used in carrying the same. shall likewise be liable to confiscation:
Provided thai no animal. vehicle. vessel or other conveyance shall be
liable to confiscation unless il is proved thai the O\looner thereof knew that the
offence was being. or was to be or was likely to be. committed.

34. (J) In the trial of offences under this Act. whether tbe accused is Procedure
in m:alr;lng
convicted or acquitted. the Court shall decide whether any article seized under <'OnIiBCatioll.
this Chapter is liable to confiscation under section 33 : and. if it decides that
the article is so liable. it may order confiscation accordingly.
(2) Where any article seized under this Chapter appears to be liable to
confiscation under section 33. bUI the person who committed the offence in
connection therewith is not known or cannot be found. the Collector. or other
officer authoriz,-d by the President or the Union in this behalf. may inquire
into and decide such liability. and may order confiscation accordingly:

Provided that no order of confiscation of an article shall be made until

tbe expiry of one month from the date of seizure. or without hearing any
person who may claim any right thereto and the evidence. if any. which he
produces in respect of his claim:
Pro\ided further that. if any such article. other than a dangerous drug.
is liable to speedy and natural decay. or if the Collector or other (lfficer is of.

7
 98 Dangerous Drugs.
opinion that its sale would be for the benefit of its owner. be may at any time
direct it to be sold; and the provisions of this sub-section shall. as nearly as
may he practicable. apply to the net proceeds of the sale.
(3) Any person not convicted who claims any righ! to pro~rty which has
been confiscated under this section may appeal to tbe Court of Scs'jon against
the order of confiscation.

." .... 10 35. The President of tbe Union may make rules! to regulate--
make rlilet
replatinJ (a) the disposal of all articles confiscated under this Act; and
dispouJ of
(UI!ita11:'d (b) the rev-ards to be paid to officers. informers and other persons out
al'l1<:," a.d of tbe proceeds of fines and confiscations under this Act.
tew:a-dt.

CHAPTER V.

MISCELLANEOUS-

Prol'id... 36. All rules made under this Act shall be subject to the condition of
r~fard.inr previous publication and. when made. shall be published in the Gazette.
..let.

37. (J) Any arrear of any licence fee chargeable by any rule made under
Recover, of
IlInwdue 10 this Act may be recovered from the penon primarily liable to pay the same or
Oo,'crnmenl. from his surety (if any) as if it were an arrear of landrevenue.
(1) When any person. in conlpliance with 3ny rule made under this Act.
gives a bond (other than a bond under scction 18) for the performance of 3ny
act. or for his abstention from any act. such performance or abstention shall
be deemed to be a public duty. within the meaning of section 74 of the
Contract Act; and. upon breach of the conditions of such bond by him. the
whole sum named therein as the amount to be paid in clise of such breach may
be recovered froOl him or from his surety (if any) as if it were an arrear of
land-revenue.

38. All prohibitions and restrictions imposed by or under this Act on the
ArplkallOIl import into the Union of Burma. the uport Crom lhe Union of Burma. and the
of the Sea transhipment of dangerous drugs. shall be deenled to be pro'libitions and
Custom.
Act, restrielions imposed under section 19 or section 134 of the Sea Customs Act.
and the provisions of that Act shall npply accordingly:
Provided that. where the doing of any thing is an offence punishable under
that Act and under this Act. nothing in that Act or in this se<:tion shall prevent
the offender from being punished under this Act.

I FOf D;tnCeTOUli DrullS (Dllponl llIId RewanlJ Ru'". 1954. 'ee BIl'. . Gaulle. 19S4.
Part 1. p.tJ6).
 Dangerous Drugs. 99

SCHEDULE ).

BoND TO ABSTAIN FROM THE COMMISSION OF OFFENCES UNDER THE

DANGEROUS DRUGS Acr.

(Su section J8.)

Whereas I (namd. inhabilant of (plac~). have been called upon to enter

into a bond to abstain from the commission of offeRces under s(ction 10. sec- .
tion I~. section 13. section 14 and section 14A of the Dangerous Drugs Act
for the term of . I hereby bind myself not 10 commit any such
offence during the said term and. in case of my making default therein. I
hereby bind my~elf to forfeit to the State the sum of rupees
Dated this day of 19

(Where a bond with slIreties is to be executed. add-)

We do hereby declare ourselves sureties for the abovenamed

tbat he will abstain from the commission of offences under
section 10. section 12. section 13. section 14 and section 14A of the Dangerow
Drugs Act during the said lerm ; and. in case of his making default therein.
we bind olorselves. jointly and severally. to forfeil to tbe State the .sum of
rupees
Dated this day of 19

THE OPIUM ACT.

CONTENTS".

Sections.
PART I.
1-2 '"'
3. Interpretation clause.
4. Prohibition of possession. ctc. of opium.
5. Power to make rules to permit such matters
6--8.
9. Penalty for illegal possession. etc. of opium.
9A. Attempt.
9B. Punishment for anowin. premises. elc. to be used for commission of
offences.
9C. Security for abstaining from commission of certain offences.
90. Enhanced punishment after previous conviclion.
9. Special provisions resardin, fine.
100 Opium.
SeeliotU.
to. Presumption in prosecutions under section 9.
II. Confiscation of opium.
12. Order of confiscation by whom to be made.
13. Power to make rulea rcgardilla disposal of things confiscated. and
rewards.
14. Power to enter. arrest and seize. 00 information thai opium is
unlawfully kept in any enclosed place.
15 Power to seize opium in open places.
Power to detain. search and arrest.
16. Scarehes how made.
11. Officers to assist each other.
18. Vexatious entries. searches. seizures and arrests.
19. Issue of warrant,_
20. Disposal of person arrested or thing seized.
ZOA. Investigation of offences by Excise Officers.
21. Report of arrests and seizures.
22.
23. Recovery of arrears of fees. duties. etc.
24. Farmer may apply to Collector or other officer to recover amount
due to him by licensee.
25. Recovery of penalties due under bond.
PART II.
I.
2. Definition of opium..
3. Powers of a District Magistrate. Subdivisional Magislrate. or Magis-
trate specially empowered by the President.
4 Power to enter and search vessels Or conveyances. to >tnest persons and
to seize opium.
Searches of vessels exempted from section 103 of the Code of Criminal
Procedure.
Disposal of person arrested or things seized.
Report of arrests and seizures.
5. Investigation of offences by Excise Officers.

THE OPIUM ACT.

[INDIA ACT I. 1878: BURMA Acr VII. 1909.J
PART I (29th March. 1879.)
]-2.
3. In this Part. unless there be something repugnant in the subject or
:ontext.-
"opium" means-
(il the capsules of the poppy (PQPO\'~' somnife,um L.) :
(ii) tbe spontaneously coaJulated juice of such capsules which
 101
has not been submitted to any manipulations other than those
necessary for packing and transport: and
(iii) :lny millture. with or y,.jthout neutral materials. of any of the
above forms of opium;
but does not include any preparation containing not more
02 than per cent. of morphine. or a manufactured drug as
defined in section 2 of the Dangerous Drugs Act ;
.. Magistrate" means a Magistrate of tho first class or (when specially
empowered by the President olthe Union to try cases under this
Act) a Magistrate of the second class;
.. transport" means to remove from one place to another within
Ihe Union of Burma.
4. Except as permitted by this Part. or by any olher enaclment relating Prohibition
to opium for the time being in force. or by rules framed under Ihis Part or 01 pone..
slon. etc. Of
under any such enactment. no one shall- opium"
(a) possess opium;
(b) transport opium;
(c)
(d) sell opium.

!. The PrCllident of the Union may. from time to time. by notification in Power to
m.,lce rules
the Gazette. make rules consistent wilh tbis Part to permit. absolutely or to permit
subject to the t'lI.yment of duty or 10 any other conditions. and to regulate.
within the whole or any specified part of the Union of Burma. aU or any of m~llcrl.
ooc"
the following matters ;-
(a) the possession of opium:
(b) the transport of opium:
(d
(d) the sale of opium and the farm of dutiCll leviable on the sale of
opium by retail:
Provided that no duty shall be levied under any such rule on any opium
imporled and on which a duty is imposed by or under the law relaling to
sea customs for tbe time being in force or under the Dangerous Drugs Act.
6--8. * *
9. (I) Any person who. in contravention of Ihis Part. or of rules made aDd Penally fCll'
ro-~"Iion.
notified under section 5._ de" of
(Il) possesses opium. or
(b) transports opium. or
""=
(c)
ld) sells opium. or

(d omits to warehouse opium. or removes or docs any act in respect of
warehoused opium.
and any person who otherwise contravenes any such rule.
shall. on convic~ion before a Magistrate. be punished for each lucb olIence
 102 Opium.

with [rigorous imprisonment] I for a tenll whieh may extend to {five year~
and shall also be liable to fine:
Provided that in the absence of special reasons to the contrary mentioned
in the judgment of the Court. such imprisonment shall not be less than three
months and fine shall not be less than five hundred kyats.]2
3(Z} Any person who abets an offence punishable under subsection (0
shall. notwithstanding anything contained in section 116 of the Penal Code. be
punishable. whether such offence be committed or not in consequence of
the abetment. with the same punishment as is provided for such offence:
provided that if a person convicted under this section is. in the opinion
of the convicting Magistrate. the true owner of the opium in respect of
which he is convicted. rigorous imprisonment for a term which shall not be
lep than {one year if shall be inflicted upon him as part of the punishment .

.. 9A. Whoever attempts to comlnit an offence punishable under this Act

or to cause such an offence to be committed and in such attempt does any act
towards the commission of lhc offence. $l,all. on conviction. be punished with
tbe punishment provided for the offence.

Punishment 4 98. Whoever. being the owner or occupier or having the use of any
lor allowing house. rOODl. enclosure, space. vessel. vehicle or place knowingly pern,its it
["elnbel,
c1c. to be to be used for the commission by any other person of an offence punishable
lm,dlor under section 9 (I). 9 (2) Or 9A shall on con\'iction be punishable with
COl7l11ti... 1oa
01 ulIencn. imprisonment for a term which may extend to live years and shall also
be liable to fine.

4 9<:. (I) Whenever any perwn is convicted of any offence punishable

Sec..rity fo
abslairUnl: under section 9 (I). 9 (Z). 9A Or 98 and the Magistratc convicling him is of
from com opiniun thal it is necessary to require such person to execute a bond for
m1.dOCl ol
urtain abstaining from the commissiun of olfences punisbable under those sections.
"'~. tbe Magistrate may, at the time of passing sentence on such person. order him
to execute a bond for a sum proportionate to his means. with or without
sureties. for abstaining from the commission of sech offences during such
period. not exceeding three years. as the Magistrate thinks fit to fix.
(2) The bond shall be in the form contllined in the Schedule aliI! the
provision of the Cude of Criminal t'rucedure shall. in so far as may be. apply
to all matters connected with such bond 015 if it were a bond to keep the peace
ordered to be executed under section 106 of the said Code.
(1) If the conviction is set aside on appeal or in revision. the bond so
exccuted shall become void.
(4) An order under this section may also be tRade by an appellate Court
or by the High Court when exercising its pow\.rs of revision.
, SubttilHkd by Ad XIII. 1'}49.
I Suboit,h,ted by Ac. XXXVIII. 11IS3
InStrted Ju Act XIIl. ""'9.
Inscrto-d'!lJAct XXXVIII. 19$3.
 OfJ4'um, 10:

Presumption
; II rro,..:.:u~
tions under
aec:tlon 9,

Order of
conr.lc~tioll
by whom to
I>e made.

I Inserted by Act XXXVIII, 1953,

 Ill' Opium.
hearing the persons (if any) claiming any right the-reto. and the evidence
(if IIny) which they produce in support of their claims.
Power to 13. The President of the Union may from time to time. by notification in
mue rUles
re:a.dlnl the Gazette. make rules consistent with this Part 10 regulate-
di.poulo(
thinel elm (a) the disposal of all Ihings confiscated under this Part; and
....
IUeated. and
,~
(b) the rewards to be paid to officers and informers out of the
proceeds of fines and confiscations under this P~.rl.
I'owu to en- 14. Any officer of any of Ihe departments of Excise. Police. Customs.
ter.lncat
Ind kitt. on Salt. Opium or Revenue superior in rank to It peon or constable. who may
InfO'mltiou in right of his office be authorized by the President of the Union in this
that oriu",
il unllwfully behalf. and who has reason to believe. from personal knowledge or from
tffliin Iny information given by any person and taken down in writing. Ihat opium
mclOKd
f'bu. liable to confiscation under this Part is kepi or concealed in any building.
vessel or enclosed place. may. between sunrise and sunsct.--
(a) enter into any such building. "essel or place:
(b) in case of rC3istance. break open any door and remove any other
obstacle to such entry:
(cJ seize such opium and any other thing which he has reason to
believe to be liable to confiscation under section 11 or any
other law for the time being in force rdating to opium: and
(d) detain and search. and. if he think proper. arrest. any person
wholD he has reason to believe to be guihy of any offence
relating to such opiulD under this or any olher law for the
time being in force.
Pownto 15. Any officer of any of the sail! departments may-
lei" oriUlIl
in "I'cn (a) seize. in any open place or in transit, any opium or other thing
('Iaoci. which he has reason to believe 10 be liable to confiscation under
section 11 or any other JIIW for the linle being in force relating
to opium:
Power 10 (b) detain and search any person WhO'll he has reason to believe to
dcl~in.
Ha,th and be guihy of any olIence against this or any other such law. and.
3rrcsl. if such person has opium in his possession. arrest him and any
other persom in his company.
Searchel 16. All searches under section 14 or section 15 shall be made in
how made. accordance with the provisions of the Codc of Criminal Procedure.
OAken tn 17. The ollicers of thc several departnlents men lionel! in section 14 shall.
lulll tach upon notice givell or requesl made. be legally bound 10 assist eacb other
olher.
in carrying out the provision" of tbis Pari.
Vu;r,llol>$ 18. Any officer of any of the said deparlments who. without reasonable
clIlrlcl. ground of suspicion. enters or searche~. or Causes to be: entered or searched. any
lCu<:ha.
,duo.e' and building. \'essel or place.
anclb-. or vexatiously and unnecessarily seizes tbe property of any person on
tbe pretence of seizing or surcbing lor auy opium or other IbiDg liable to
confiscation under this Part.
 Opium. 105
or vexatiously and unnecessarily detains. searches or arrests any person.
shall. for every such offence. be punished with fine not exceeding five hundred
rupees.

19. The Collector of the district. Deputy Commissioner.br otber officer hlue of
authorized by the President of the Union in this behalL either personally or in w~Trants.
right of his office. or a Magistrate may issue his warrant for the arrest of any
person whom he has reason to believe to have committed an ollenee relating
to opium. or for the search ...... hether by da)' or night. of any building or
vessel or place in which he has reason to believe opium liable to confiscation
to be kept or concealed.
All warrants issued under this section shall be executed in accordance
with the provisions of the Codc 0: Criminal Procedure.
20. Every person arrested. and thing seized. under section 14 or section Dilpolalof
I'er~on.
15. shall be forwarded without delay to the nearest officer in charge of a police- arresled Dr
station or to the nearest ollioer of the Excise Department duly empowered Illing sciled.
under section 20A. whoever is nearer: and every person arrested and thing
seized under section 19 shall be forwarded without delay to the officer by
whom the warrant was issued.
Every officer to whom any person or thing is forwarded under this section
shall. with all convenient desl'latch. take such measures as may be necessary
for the disposal accordinG lO law of such person or thing.
20A. The President of the Union may invest any officer of the Excise 1rl\"l'!'liga..
Department not inferior in rank to a subinspector with the powers of an lion {'f
offences by
officer in charge of a police-station for the investigation of offences under this r:;.cise
Part. Officers.
No confession made to an Excise Officer so empowered shall be proved
as against a person accused of any offence.

21. Whenever any officer makes any arrest. seizure or search under this Report of
Part. he shall. within forty-eight hours next after such arrest. seizure or search arresll ilnd
leizures.
make a full report of all the particulars of such arrest. seizure or search to
his' immediate oflicial superior.
2%.
23. Any arrear of any fee or duty imposed under this Part or any rule Recovery
of arrear. of
made hereunder. feci. dutin.
and any arrear due from any farmer of opium-revenue. ele.
may be recovered from the person primarily liable to pay the same to the
Government or from his surety (if any) as if it were an arrear of l,md-revenue.J
24. When any amounl is due to a farmer of opium-revenue from his Farmer lMy
ap(lly 10
licensee. in respect of a licence. such farmer may make an application to the !,;QlIeclor or
Collector of the district. Deputy Commissioner or other officer authorized by other oftiter
10 recover
the President of the Union in this behalf. praying such officer to recover luch amount due
1 See U1e ReveDue Recovery Aet,
 106 Opium.

to him by amount on behalf of the applK:ant ; and. on receiving such application. such
liccll5Ce. Collector. Deputy Commissioner or olher officer lilay in his discrction recover
such amount as if it were an arrear of land-revenue. and sball pay any amount
so recovered to the applicant:
Provided that the execution of aDy process issued by such Collector.
Deputy Commissioner or otber officer for the recovery of such amount shall be
sta}ed if the lieensCe institutes a suit in the civil Court to try the demand of
the farmer. and furnishes security to the satisfaction of such officer for the
payment of the amount which such Court rna)' adjudge to be due fronl him to
Iuc:h farmer:
Provided also that nothing contained in this section or done thereunder
shall affect the right of any farmer of opiumrevenue to rKover by suit in the
civil Court or otherwise any amount due to hinl from such licensee.
Rc.ro'fc.ry of 15. When any person. in compliance with an)' rule made hereunder
pclPlliudue gives a bond for the performance of any dut)' or act, such dUly or act shall be
under bofld.
deemed to be a public dut)'. or an act in which the public are interested. as
the case may be. within the meaning of the Contract Ac!. section 74 : lind.
upon breach of Ihe condition of sucb bond by him. the whole sum named
therein as the amount to be paid in case or such brcach rna)' be rKovered
from bim as if it were an arrear of landrevenue.

SCHEDULE.
BoND TO ABSTAlN now THE COWWISSION OF OFFENCES UNDER THE OPIUM Aer.
WHEREAS I (nQ//lt). inhabitant of (plocl!J. have been called upon to
eoter into a bond to abstain from the commiuion of o{fen<:es unlier section 9 (1). 9
(2). 91. or 98 of the OpiuDl Act for the term of........ J hereby bind m)'selfnot
to commit an)' such offence during the said term and. in case of my making
default therein. I hereby bind m)'self to forfeit to the Presidenl of the Union
of Burma. the sum of Rupees
Dated this day of 19
(Where 0 .bond with sureties is to be executed. add-)
We do hereby declare ourselves suretiu fOr the abovenamed
that be will abstain from the commission of offences under seclion 9 (I). 9 (2).
91. or 90 of tbe Opium A<:t during Ihe said term; and. in <:use of his making
default tberein. we bind ourselves. jointly und severallv. to forfeit to the
President of the Union of Burma. the sum of Rupees
Dated this da)' of 19
PART II. (22nd January. 1910.) z
1.
t. In this Part" opium" includes opium as deRned in sectioD 3 of Part
I of' this Act. ,nd opium derivatives 85 deRn~d in clause (I> of section 2 of tbe
Dangerous Drugs Act.
, n.il Scllc:dwew" i_led by Act XXXVIII. 19SJ.
Put II ia loll adaptation of Ule Bllrm;" OJ..;\Om L;aw AmmdUlellt Al:t. 19091BW1D.1l Act
\'11, 1909}, which QUlOC illto f~ oa \he U1lCI lloIlliary 1910.
 OpiUM. 107

3. Whenever a District Magistrate. a Subdivi.!:ional Magistrate. or. when Powen ~a

he is speciallY empowered in this behalf by the President of the Union. a tm.lrlct
"~iltrate.
Magistrate of tbe first class. recei'/es information that any person within tho 5ubdi~iai_
local limits of his jurisdiction earns a livelihood wholly or in part-
(a) by the tmlawful manufacture. transport. importation. exportation.
.....,
.1 M"is-
or MaCis-
Irate
sale. or purchase of opium in contravention of Part I of this ,pecl.Uy
Act or the Dangerous Drugs Act. or of rules made thereunder; or empowered
(b) by abetting such unlawful manufacture. transport. importation. '"'1 the
Pruldc:ot.
ell.portation. sale or purcha:k: of opium;
he lIIay deal with such person a~ nearly as may he as if the information
received about him were of the description mentioned in stction 110 of the
Code of Criminal Procedure; and for the purposes of any proceeding under
this section tbe fact that a penoon earns his Ihelihood u aforesaid may be
proved by evidence of General repute or otherwise.

4. (I) Whenever an officer of one of the departments of ElI.cise. Police. Power to

Custo;ns. Salt. Opium or Revenue. not inferior in rank to a subimpector of niter
police. or holding ~uch analogous appointment in respect of the other "cUtis or
~ ....
illId

departments mentioned as may he notified by the President of the Union in con.'eyaDCd,

to arrnt
Ihis behalf. has reason to believe that opium liable to confi~cation under any pllT$Ol1I aod
to seize
law for the time beinG in force relating to opium is being kept. concealed or opIum.
transported on any vessel or conveyance, and that a warrant cannot be
obtained under Kction t9 of Part) of this Act or section 22 of the Dangerous
Drugs Act. without atrording the olfender an opportunity of escape, or of
concealing or destroying cvidence of tbe uistcnce of the opium. he may at
any time by day or night-
(0) eater upon or in case of resistance break open and Rarcb any sucb
vessel or conveyance;
(b) liCtte any such opium ;&.Qd any othec tbini which he has reason to
belicve to be liable to confiscation under any law for the time
hein, in force relating to opium; and
(el detain and search and, if be think proper, arrest any person wbom
be has reason to bdieve 10 be guilty of any ollence under any
law for the time being in force rdating to opium_
(2) Searches of vessels mllde under this section shall btl specially $carche' of
ell.tmpted from the provbions of 5tctiun 103 of the Code of Criminal Prace. ~e ..c1. c,...
ell'.pled Ifoal
dwe. tbe provisions whereof regarding searches shall otherwise apply thereto_ Hcl!o.o 103
d tbo coo.

_
of Crilllioa1
Procedlll'C.

~.... .
(3) Every person arrested and thing scized under this section shall he Disposal of
forwarded without delay to the neartst officer in cbarge nf a police-station or arr",ted or
to the nearut officer of rbe Excise Depann,ent duly empowered under section
5. whoc\'er is nearer. who shall. lA-itb all convenient despatcb. take sucb ......
measwes as may be necessary for tbe di.5posaJ according to law of such perIOD
or thing.
 108 Opium.
RtJlOTt of (4) Whcnever any officer makes any arrest. seizure or search under this
;UTUts :lad
mrUfl. .. Part. be shall. within forty-eight hours next after such arrest. seizure or search.
make a full report of all the particulars of such arrest. seizure or search to
his immediate official superior.
I""uti,a- 5. The Plcsident of the Union may invest any officer of the Excise
.... or
oll"eRl:es by Departmcnt not inferior in rank to a subinspector with the powers of an
1:11Qx officer in cbarge of a police-station for tbe investigation of offences under
",""n.
tbis Part.
No confession made to an Excise Officer so empowered shall be proved
as against a person accused of any olrenc:e.

mE POISONS ACf

[INDIA Acr XII. 1919.] Ord Septem~r. 1919.)

I.
!'ow or
President to
z. (I) The President of the Union may b)' rule regulate. within the
reglltale whole or any part of the Union of Burma. the possession for ~ak and the
pl)fKui..... sale. whether wholesale or retail. of any specified poison.
fo.- l:lle :oDd
.21. 01 :la, (Z) In particular. and without prejudice to the generality of the fore-
poi5OD. loing power. such rules may provide for-
(a) the grallt of licences 10 po$CS$ any spccifi...-d poison for sale. whole-
sale or retail. and the fixing of the fee (if any) to be charged
for such licences;
(b) the classes of persons to whom alone such licences may be granted;
(cJ the classes of persons to whom alone any such poison .may be sold ;
(d) tbe maximum quantity of any such poison which may be sold to
anyone person;
(d the maintenance by vendors of any such poison of registers of
sales. the particulars to be entered in such registers. and the
inspection of the same;
(I) the safe custody or such poisons and tbe labelling of the vessels.
packages or covcrings in which any such poison is sold or
possessed ror sale; and
(g) the inspection and examination of any such poison when posscssed
ror sale by any such vendor

Power to 3. The President of the Union may. by notification in the Gazette.

prohibit 1m- prohibit. except under and in accordanCe with the conditions or a liCence. the
parmlion importation into Ihe Union of Burll1a ot any specHied poison. and may by
1"10 tile
Union of rule regulate the grant of licences
BllI1lla of
any pol_
except U'ldet
Ik_.
 Poisons. \09

4. (J) The President of the Union may by rule regulate the possession Power to
of any specified poison in any local area in which the use of such poison for rlgullile
poIsusion of
the purpose of committing murder or mischief by poisoning cattle appears to IIny poi"""
him to be of such frequent occurrence as to render restrictions on the posses- in ce,llIin
.~.
sion thereof desirable.
(2) In making any rule under sub-section (f). the President of the Union
may direct that any breach thereof shall be punishable with imprisonment for
a term which may extend to one year. or with fine which may extend to one
thou.\and rupees. or with both, together with COnfiscation of the poison in
respect of which the breach has been committed, and of the vessels. packages
or coverings in whiCh the same is found.

S. Any substance specified as a poison in a rule made or notification issued Pruu]I'ption

~s 10
under this Act shall be deemed to be a poison for the purposes of this Act. spc<:ilied
poisons.

6. (J) Whoever- ~nally for

unlawful
(u) commits a breach of any rule made under section 2. or importation,
(b) imports into the Union of Burma without a licence any poison etc.
the importation of which is for the time being restricted under
section 3. or
(c) breaks any condition of a licence for the importation of any
poison granted to him under section 3.
shall be puishable.-
(D on a first conviction. with imprisonment for a term which may extend
to three months. or with fine which may cxtend to five hundred
rupees, or with both. and
(ii) on a second or subsequent conviction. with imprisonment for a
term which may extend to six months. Or with fine which may
extend to one thousand rupees. or with bolh.
(2) Any poison in respect of which an offence has been committed under
this section, together with the ..essels. packages or coverings in which the
same is found. shall be Iiabl~ to confiscation.
7. (I) The District Magistrate and the Subdivisional Magislrate may Power 10
il$uc sellrch
issue a warrant for the ~carch of any place in which he has reason 10 believe warrants.
or to suspect that any poison is possessed or sold in contravention of this Act
or any rule thereunder. or that any poison liable to confiscation under this
Act is kept or concealed.
(2) The person to whom the warrant is directed may enter and search
the ploce in accordance therewith. and the provisions of the Code or Criminal
Procedure relating to search-warrants shall, as far as may be, be deemed to
apply to tbe execution of the warrant.
8. (0 In addition to any other power to make rules hereinberore
conferred. the President of the Union may make rules ienerally to carry out
the purposes and objects of this Act.
 110 . Poisons.
(2) Every power to make rules conferred by this Act shall be subject to
the condition of tbe rules being made after previous publication.
(3) All rules made under this Acl shall be published in the Gazette
and on such publication shall have effect 35 if enacted in this Act.

9. (I) Notbing in this Act or in any licence granted or rule made tbere-
under shall extend to. or interfere with. anything done in good faith in the
exercise of his profession as such by a medical or veterinary practitioner.
(Z) Notwithstanding anything hereinbefore contained. the President of
the Union may. by general or special order. declare that all or any of the
provisions of this Act shall be deenled not to apply to any article or class of
articles ot commerce specified in such order. or to any poison or class of
poisons used for any purpose so specified.
(3) The authority on which any power to make rules under this Act
is conferred may. by general or special order. either wholly or partially-
(a) exempt from the operation of any such rules. or
lb) exclude from the scope of the exemption provided by sub-section (J).
any person or class of persons either generally or in respect of any poisons
specified in tbe order-

THE WHITE PHOSPHORUS MATCHES ACt.

[INDIA ACT V. 1913.] (1st July. 19J3.)1
1.
%. In this Act... white phosphorus" means Ihe substance commonly known
as white or yellow phosphorus.
J.
Proh1bitlOD 4. (I) No person shall use white phosphorus in the manufacture of
d .ed
whi\eplKJe.. matches.
phOTUS III (2) Any person who uses. or pumits the use by any person under his
m:lQufac:luTc
d matd'e'. control of. white phosphorous in the manufacture of matches shall be punish-
able with fine which may extend to two hundred rupees.
Power of S. (1) Every person who nlanufactures malches shall allow an Inspector
In.pettor of of Factories appointed under the Factories ACI at any lime 10 take for analysis
,ac:torle.
to lake sufficient samples of any material in use. or mixed for usc, in such manufacture:
umple. of
lQalerlal Provided that any such person may. at the time the sample is taken. and
Ilted In on providing the necessary appliances. require thc InspeCtor to divide the
manufac:-
t_. sample so taken into twO pailS, and to mark. seal and deliver to him one pall.
(z) Any penon who refuses to permit any such Inspector of Factories as
aforesaid to take a sample, in accordance wilh the provisions of sub-section
(J). shall be punishable with fine which nlay extend to tWO hundred rupees,
,rohIbitlOIl. 6. u) No person shall sell. or offer or expose for sale. or have in bis
1;1 ,all:. possession for the purposes of sale. any matches made with white pbosphorus.
1 This Act c:u"e into force 011 Ihe 1i...1 d:'\y <11 July. 1913. "'ilh II,!'" uception aI ~t~
6, wbieh calli('; into lon:e on the ftrll. d.'y of July 1914 I ~tton t C~J of India Ad ... I~J .
 White Phosphotu3 Matchu. III

(1) Any person who conltavenes the provisions of sub-section (J) may. 00
complaint to a Subdivisional Magistrate Or Magistrate of the first class. be
ordered to forfeit any such matches in his possession. and any matches so
forfeited shall be destroyed or otherwise dealt with as the Magistrate may direct.

THE RANGOON DEVELOPMENT TRUST ACT

CONTENTS.

Sections.
CHAPTER ..
PRELIMINARY.

t. Extent
2. Definitions of terms.

CHAPTER II.
THE BoARD OF TRuSTEES.

Cottlt;tut;on of the Board.

). Creation and incorporation of Board
4. Constitution of the Board.
5. Election of Trustees.
6. Appointment in default of election.
7. Disqualification$ for being appointrd or elected a Trustee.
8. Powers. duties and remuneration of Chairman.
9. Leave of absence or deputation of tbe Chairman-
10. Appointment. etc. of acting Chairman
t I. Leave of absence of other Trustees.
t2. Removal of Trustees.
13. Filling of casual vacancies.
14. Term of office of Trustees.
15. Elections. etc . to be nOtified and to take elfccl from date of such
notification

Conducr 0/ Business.

16. Meetings of the Board.

t7. Association of persons with the Board.
18. Constitution and functions of committees and meetings of ~D1miUeel.
19. Fees payable to Trustees
20. Trustees not to take p3rt in proceedings in whicb tbe)' arc pc:nonally
intereste<l.
112 Rangoon Development Trust.
Sections.
21. Power to make and perform COntracts.
22 Plan and estimate of new work to be approved before comi'nenoement.
tt1ercof.
23. Execution of contracts
24. The seal of the Board.
25 Tenders.
26. Security for performance of contract.
Officen and $uvonls.
27. Schedule of officers and servants to be prepared by the Board.
28 Power of appointment. etc., in whom vested.
29. Limitation of power of Board in respect of appointments.
30. Control by Chairman.
31. Delegation of Chairman's functions.

CHAP-TER III.
POWERS AND DUTIES OF THE -BoARD

32. Power of the Board to undertake works and incur expenditure for
the improvement. etc., of the City.
33. Power of Board to purchase and hold moveable and immoveable
property.
34. Power of Board to acquire immoveable property.
35. The Board to pay interest on loans.
36. Contribution by Board towards leave allowances and pensions of
servants of the Government employed under this Act.
Facilities for movement of the Population.
37. Power of the Board for facilitating movem~nt of population.

CHAPTER IV.

SCHEMES.

Procedure relating fo the framing, examination and sanction;nn of a Scheme

38. Declaration of intention to prepare a scheme.
Publication of intention to prepare scheme.
Consideration of objections and suggestions by the President.
Sanction of President to making of scheme.
Preparation and publication of draft scbem~.
Submission of scheme to President.
Settlement of disputes between the Board and any other local
autbority.
 Rangoon Developmem Trust. 113
Sectiotu.
Appointment of referee in certain circumstances.
Right of reference to the Court in rcs?cct of certain matters.
Powers.of the Court.
Final scheme to be submitted to the President.
Power of President to reject or approve of a draft scheme.
When the schenle is to be considered effective.
Power of the Board to permit any private owner carrying out
reclamation and developing his own land.

Reference to the COllrt.

39. Constitution of the Court.

40. Remuneration of referees.

Mailers for which a Scheme may make Provision.

41. What a scheme may provide for.
42. Reconstitution of any holding of land affected by scheme.
43. Provision for building sites. dwellings and shops.
44. Contents of townplanning schemes prepared under section 38.
Effect of SchenuJ.

45. Restrictions after publication of intention under section 38.

46. Effect of final scheme.
47. Power of Board to evict summarily.
48. Power to enforce scheme.

COstl of Scheme.
49. Contribution towards costs
50. Levy of contribution in respect of land not included in, but benefited
by. final scheme.
51. Limiting the amount of contribution.
52. Cosu of reclaiming immoveable property bow to be met.
53. Calculalion of increment.
54. Contributions may be made payable in instalmenu.
Right of owner to redeem such charge.
55. Abandonment of acquisition of land on application by owner.
Competuation.
56. Compensation in certain cues
57. Power to vary or revoke a scheIDe.
Compensation if scheme revoked.
Amount of compensation admissible.

8
114 Rangoon Development Trust.

Section,.
CHAPTER V.
PROPERTY. TAXATION AND FINANCE.

Property.

58. Vesting of certain immoveable property in the Board.

59. Power of Board to dispose of immoveable property vested in tbem.
60. Contributions from Municipal Fund.
6t. Balances at fhe credit of the Rangoon Town Land deposits of sales
and rents. etc., to be property of the Board.
62. Receipt of money and deposit in Union Bank of Burma.
63. Purposes Co Which the Rangoon Development Fund is to be applied.
64,. Investment of surplus money~
65. Payments by cheque.
66. Signature aD orders under section 62 and of cheques.
67. Adherence to estimate and maintenance of closing balance.

Taxation.
68. DUlY on certain transfers of immoveable property.
69. Terminal-tax on passengers by sea-going vessel.
70. Suspension or abolition. and re-imposition. of taxation or contribution.
Loans.
71. Power of the Board to borrow mone}',_
Enforcement of Liabilities.
72. Procedure if Board fails to make any payment in respect of loans.
Procedure it the Corporation fails to make any payment as required
by section 60 or sub-section (n.
Budget Estimates.
73. Preparation and submission of the annual budget estimate.
74. Transmission of copy of estimate to the Municipal Corporation of
the City of Rangoon.
75. * *
76. Supplementary estimates.

Accounts.
77. A:ounts bow to be kept and audited.
Provident Fund.
78 Mainlenant:C1 of a provident or annuity fund by the Board.
 Rangoon Development TTIUI.
Slions.
CHAPTER VI.
PROCEDURE.

Power of Enlry.

79. Power of entry,

80. Power to enforce scheme.

Signature and Service of Notices or Bills.

81. Stamping signature on notices or bills.
82. Service how to be effected.

Legal Procudings.
83. Power of Chairman as to institution. etc., of legal proceedings and
obtaining legal advice.
84. Indemnity.
85. Notice of suit against Board. etc.
Rovtry of Dues..
86. Recovery of dues.

CHAPTER VII.
OFFEN<.:ES.

87. Penalty for specific offences

88. Penalty for other offences.
89. Punishment for acquiring share or interest in contract or employment
under the Board.
90. Penalty for obstructing contractor or removing mark.
91. Fines. damages. proceeds of confiscation to be paid to the Board.
92. Cognizance of offences.
93. Limitation of time for prosecution.
94. Compensation to be paid by offenders for damage caused by t~e.m.

CHAPTER VIII.
RULES.

95. Po~er of PresideDt to make rules.

96. Power of tbe Board to make rulCi.
".,. Power to make rules subject to CODtrol of tbe PreSideDt Ind all rul~1
to be published.
116 Rangoon Developnunt Trult.

Sections.
CHAPTER IX.

SUPPLEMENTAL PROVISIONS.

Status of T rustus. etc

98. Trustees. etc., deemed public servants.

Police
99. Co-operation of the police.
tOO Arrest of offenders.

Evidence
tOI. Proof of consent. etc, of Board Or Chairman or officer or servant of
Board.
Miscellaneous.
t02. Validation of acts and proceedings.
10). Disputed ownership.
104 Power of referee to summon and enforce the attendance of witnesses
to givc evidence and to produce documents
IDS Extension of this Act to any area
106 Exemption from registration of certain documents. plans and maps.
Compensation.

107. General power of Board to pay compensation.

Control.
108. Supply of minules of proceedings to the President.
109. Power of President to call for extracts from proceedings. etc.
110. Power of President to call for returns. etc.
111. Power of President to require the Board to take action.

Dissolution of Board.

112. Transfer of the powers and duties of the Board to the Rangoon
Corporation.
113. Declaration by the President as to the dissolution of the Board.
114. Disposal of property on the dissolution of the Board.

SCHEDULE I.-Modifications in the Land Acquisition Act.

SCHEDULE H.-Loans raised by the Municipal Committee of Rangoon for
lhe purposes of the Town Lands Rcclamatiop. Fund.
 117
THE RANGOON DEVELOPMENT TRUST ACT.

[BUJlMA Acr V. 1920.) (1st February. 1921.)

CHAPTER I.

PaELlMINAaY,

J. This Act shall eJtleod to the City of Rangoon and to such areu 1 in Estml
the neighbourhood thereof as the President of tbe Union may. by Doti6c:.tiOD,
specify in this behalf ;
Provided tbat sections 68 and 70 and clause (7) of section 95 shan
extend to the whole of the Union of Burma:
t Provided further that for the purpose of section 69. the MiogaladoD
Air-port and such other air-port in the neighbourhood of tbe City of RUgOOD
as tbe President of the Union may. by notification. specify in this bebalf sban
be deemed to be included in the City of Rangoon.
;Z. In this Act. unless it is otherwise expressly provided Or UIlleu there Dcfinltk..
is something repugnant in the subject or contcxt.- 011_..
(I) words shall be deemed to have the meaning ascribed to such words
under any enactment for the time being in force relating to the
ntunicipal government of the City of Rangoon;
2) (0) .. the Board" means tbe Board of Trustees constituted under
this Act;
(b) .. Chairman" means the Chairman of the Board;
(c) .. City" means the City of Rangoon and comprises the area from
time to time notified by the President of the Union for the
purposes of municipal government:
(d) .. Court" means the highest Court of original jurisdiction in
Rangoon;
(t) tbe expression land likely to be used for building purposes"
U

includes any land likely to be used as. or for the purpose of

providing. open spaces. roads, streets. parks, pleasure. or
recreation grounds. or for the purpose of executing any work
upon or under the land incidental to a town-planning scheme.
whether in the nature of a building work or not. and the decision
of the President of the Union as to whether land is likely to be
used for building purposes or not shall be final:
(J) .. plot" means a continuous portion of land held in ono owneuhip.
other than land used. aUotted or reserved for any public or
municipal purpose; I
 118.' Rangoon Development Trust.

(g) .. rcc::lamatioD" means the alteration by any means. including the

use of refuse or rubbish or materials obtained by dredging. of
the level of land in order that the effective drainage of sucb
land may become practicable;
(h) .. scheme" means a town-planning scheme. framed in actordance
with the provisions of this Act. and includes a plan relating to
a town-planning scheme;
(i) .. Trustee" means a member of the Board.

CHAPTER II.

THE BoAJl.D OJ' TauSTEES.

Constitution oj tht Board.
Cfealio" 3. The duty of carrying out the provisions of this Act shall. subject to
and. incor_
(Iofal,,,,, of the conditions and limitations hereinafter contained. be vested in a Board. to
B<>:_r.1. be called" The Trustees for the Development of the City of Rangoon" ; and
such Board shall be a body corporate and have perpetual succession and a
common seal. and shall by the said name sue and be sued.
COIlstilulion I 4. The Board shall consist of six members. namely.-
of tho: Hoard.
(a) the Chief Executive Officer of the National Housin& and Town and
Country Plannin& Board who shall be the Chairman;
(b) the Chairman of the Commissioners fOf the Port of Rangoon:
(c) ODe Trustee elected by the Municipal Corporation of tbe City of
Rangoon. and
(d) three Trustees appointed by the President of tbe Union.

F.lc..-tion 01 5. (J) A person shall not be qualified to be elected as a Trustee to

Trul1en. represent any body or associa:ion re(erred to in section 4 unless he is at the
time of the election a member of such body or association.
(2) The Secretary or other duly appointed officer of such body or
association shall make a return to the President of the Union setting forth ID
full the name of every penon elected under the provisions of this Act.

A(lpoint.
,. (1) If any body or association referred to in section 4 fails to elect
me"lin all or any of the Trustees whom it is empowered under such section 10 elect.
<'efa,,1l the President of the Union may appoint any persons belonging to such body
01 elecllon.
or" association to be Truslees in order to fill such vacancies: and any persons
so appointed shall be deemed to be Trustees as if they had been duly elected
by such body or association.
(2) If any body or association should. for any reason. be unable to elect
a Trustee as provided in section 4. tbe President of tbe Union may. from
time to time. by notification. substitute any other recognized and properly
constituted body or association for the purposes of tbat sec;tion .

Su.bl.titllted by Ad LXVIII, 1951.

 Rangoon Development Trust. 1t9
7. (I) A person shan be disqualified for .being elected or appointed a Dilqllalilica-
Trustee if he- tionl for
' d 0 f an 0 ffence punls
a as heen convlcte
()h 'hhl 'h"ImpruJOnment f or
a e wit beillgap.or
poillted
a term exceeding six months. such conviction not baYing been ~::~
subsequently set aside and such disqualification not having been
removed by an order which the President of the 'Union is hereby
empowered to make. if he thinks fit. in this behalf: or
(b) bas been declared by tbe President of the Union unfit for employment
in. or has been dismissed from. the public service; or
(c) is an undischarged insolvent or bankrupt: or
(d) holds any office or place of profit under the Board : or
(e) bas directly or indirectly. by himself or by any partner. employer
or employee. any share or interest in any contract or employment
with. by, or on behalf of, the Board; or
(J) is a director. or a secretary. manager or otber salaried officer. of
any incorporated company wbich bas any share or iijterest in
anycootract or employment with. by. or on bebalf of. tbe Board:
0'
I (g) is not. or ceases to be. a citizen of the Union or a British subject.
(2) But a person shall not be disqualified or be deemed to bave any share
or interest in such a contract or employment by reason ooly of-
(j) his baving any sbare or interest in-
(a) any lease. sale or pUrChase of immoveable property or any
agreement for the same; or
(b) any agreement for the loan of money or any security for thCl
payment of money only; or
(c) any newspaper in which any advertisement relating to tbe affairs
of the Board is inserted: or
(d) tbe occasional sale to the Board. to a value not exceeding two
thousand rupees in anyone financial year. of any article in
which he trades; or
(ii) his having a share or interest, otherwise than as director. or secretary.
manager or other salaried oDicer. in any incorporated company
which has any share or interest in any contract or employment
witb. by. or on behalf of. the Board:
(3) In the case of any person or class of persons the President of the
Union may waive the disqualification referred to in subsection (0. clause tJ).

I. (I) The Chairman shall be the chief executive officer oftheBoardand Powen,
dutiu and
may exercise and perform. subject to the provisions of this Act and of rules remllDera-
made thereunder and to the control of the Board. such of the powers and Ii"" Of
Chairm..Q,
duties conferred or imposed by this Act on the Board as the Board may by rules
made under section 96 delegate to him.

1 Sut.liIl1ted bJ the Union of Burma (Adaptation of LaWI) Order. 19411.

 120 Rangoon Development Trull.

(z) The plly. allowances. leave. privileges and other conditions of tenure
of the office of Chairman shall be determined by the President of the Union
after coDl:ultation with tbe Board. and such pay and allowancessball be debited
to tbe Rangoon Development Fund to such extent as the President of the Union
may decide.
Leolve of ,. (J) The President of the Union may. after consultation with the Board.
llbtc:nCC' or
grant leave of absence to the Chairman or depute him to other dutiC$ for such
.....
depulllllOQ
"O'llirmllD. period as he shall think fit.
(Z) The President of the Union shall determine the amount (if any) of
the allowanCe which shrdl be paid to the Chairman while absent On leave or
deputation:
Provided that such allowance shall not exceed the amount of his salary
and provided that. if the Chaimlan is a Government officer. theamountofsuch
allowance shall be such as he may be entitled to under any rules applicable
10 him r.clating to transfer to foreign Kn'ice.
AppoInt- to. (I) Whenever the Chainnan is aranted leave of absence or deputed
melll. ele. to other duties. the President of the Union may appoint a person to act as
of acling
CMimuoD. Chairman and may. subject to the provisions of section 8. direct the amoUDt
of the remuneration (if any) which shall be paid to such person.
(z) Any person appointed to act as Chairman shall exercise the powers
and perform the duties conferred and imposed by and under this Act on the
Chairman. and shall be subject to the same liabilities. restrictions and condi-
tions as the Chairnlan.
Lean of IJ. The Board may pernlit any Trustee. Other tban the Chairman. the
llb$tncC of Mayor of Rangoon. or the Municipal Commissioner of the City of Rangoon.
other
1'rlillua, to absent himself from meetings of the Board for any period not exceeding
six months
Rc,no>al '" U. (1) The President of the Union may. by notification. declare that any
Trllllul.
Trustee shall cease to be a Trustee-
(a) if he has acted in contravention of section 20 : or
(b) if he has been absent from. or hal been unable to attend. all
meetings of the Board for any period exceeding six consecuth'e
months; or
(c) if he has. without the permission of the Board. been absent from
all meetings of the Board for any period exceeding three conse-
cutive months; or
(d) if be is not qualified to be a Trustee under 'l:Ction 5. sub-section
(I).
(Z) The President of the Union shall. by nOlification. declare that a Trus-
tee shall cease to be a Truslee if he becomes disqualified for appointment or
election as a Trustee for any of the reasons mentioned in section 7. sub-
section (I).
13. If any Trustee be permitted by the Board to absent himself from
meetings of the Board tor any period exceeding three months. or if any
 Rangoon Development Trull. 121

Trustee dies or resigns office. or is removed from office under section 12. the
vacancy may be filled by a fresh appointment or election under section 4.
14. (J) .. Tenn of
(2) Subject to the provisions of section 12. the term of office of Trustees office of
Tru~len.
(other than an ex-officio Trustee) shall be as follows :-
(a) the Chairman-such period as may he fixed by the President of
tbe Union;
(b) a Trustee appointed or elected in pursuance of section 13-the
period of absence or tbe remainder of tbe period of office. as
the case may be :
(cJ other Trustees-three years.
(3) Any Trustee shall. if not disqualified for any of tbe reasons men-
tioned in section 5. sub-section (/). or section 7. sub-section (1). be eligible for
re-appointment or reelection at the end of his term of office:
Provided that the President of the Union ml:lY declare by notification that
any Trustee. in respect of whom a notification has been published under section
12. shall not be eligible for re-appointment or re-election.

15, Every election and appointment to office made. and every declaration EkdiOfll.
made under section 7. sub-section (I). clause (b). section 12. sub-section (1) :~'t/;~~ ~d
and sub-section (2). and the proviso to section 14. sub-section (3). of this lobkeeHed
Chapter shall be p.ublished by notification and shall be valid and take effect ~~etle
{rom the date of such notification. unless some other date is therein specified. nOCilication.

Conduct of Business.

16. (1) The Board shall meet and transact business in accordance with Meetings of
the rules made under sechoD 96. subsection (2). the Board.
(2) The Chairman shall be the presiding authority at all meetings: pro-
vided that in the event of the absence of the Chairman from any meeting. the
Trustees present shall elect one of their number to be the presiding authority
at such meeting.
(3) All questions shall be decided by a majority of votes of the Trustees
present. the presiding authority baving a second or casting vote in all cases of
equality of votes.
17. (I) The Board may associate with themselves. in such manner and Auoeialion
~ pCUOIlJl
for such period as may be prescribed by rules made under section 96. any wiw the
persons whose assistance or advice they may desire in carrying out any of the ""'d.
provisions of this Act.
(2) A person associated by the Board under sub-section (I) for any pur-
pose shall have a right to take part in the discussions of the Board relating to
tbat purpose. but shall not have the right to vote at a meeting of tbe Board
and sball not be a member of the Board for any other purpose.
 .,angoon Development Trust.
ConstitutiOQ II. (I) The Board may appoint committees. each consistin& of not less
aDd fllQOo
tions of than three Trustees in addition to any persons associated with the Board under
commiltlru section 17. and may. by general or speciii1l order. refer to such committees. for
and mtill& enquiry and report. any matter relating to any of the purposes of this Act.
'" Can
mitllrl9. (2) All proceedings of any such committee shall be subject to confirma-
tion by the Board.
(1) The Chairman sball be a member of all sucb committees and shall.
if present. preside at all meetings thereof.
(4) All questions at any meeting of a committee shall be decided by a
majority of votes of the Trustees present. the presiding authorily baving a
second or casting vote: in all cases of equality of votes.
.IrU 19. Every Trustee. except the Chairman. and every person associated
payabllr to
T,usllrlrl. witb the Board under seclion 17. shaH be entitled to receive such fees for eacb
meeting of the Board and for each meeting of a committee at which a quorum
is present and business is transacted and which he attends from the beginning
to the end tbereof as the President of the Union from time to time may fix :
I Provided that no fees shall be payable to officials or persons who receive
their pay directly or indirectly from Government funds.
Trllileirl I'J(lt 10. (J) A Trustee who-
to tulr part
ill the: (0) has directly or indirectly. by himself or by any partner. employer
proc~aa:' or employee. any such share or interest as is described in section
ill whid!
tlu=y arc 7. sub-section (2). or is a director. secretary. manager or other
pasonall.,.
Uatunlc4. salaried officer of an incorporated company which bas any such
share or interest. or
(b) has acted professionally. in relatioD to any matter. on behalf of
any person having therein any sucb share or interest as aforesaid.
thall not vote or take any other part in any proceeding of tbe Board or any
committee relating to such matter.
(2) If any Trustee. or any person associated with the Board under section
t7. has. directly or indirectly. any beneficial interest in any immoveable property
situated in an area comprised. or intended to be comprised. in a scbeme-
(Il) be shall. before takini part in any proceedini at a meeting of the
Board or any committee relating to such area. inform the
presiding authority at the meeting of the nature of such
interest :
(b) be shall not vote at any meeting of tbe Board or of any committee
upon any resolution or question relating to such immoveahle
property ; and
(c) be shall not take any other part in any proceeding at a meeting of
tbe Board or of any committee relating to such area if tbe
prcsiding authority at the meeting considers it inexpedient tbat
he should do so.

t tllsct"ted b., Act xx. 1946.

 Rangoon De"JopmMt Tnut. 123
11. (l) The Board olay eoter into and perform all .uch agreements ud
contracts as they may consider necessary for carrying out the purposes of this
Act.
(1) Any .uch contract the value of which does not exceed two thou.and
rupees may be entered into on behalf of the Board by the Chainnan. but no
other such contract shall be entered into ex.cept with the previous sanction of
tbe Board.

22. No new worle shall be commenced and no contract in respect Plan and
tbereof shall be entered into if the estimated cost of such work ellceed.-
(a) two thousand rupees. until the plan and estimate therefor shall
have been determined on and approved by the Board; or
ellimak
...
,
of new WOI"t

t:pPfO"ed

.......
before cam-
(b) two lakhs of rupees. until the plan and C1timate therefor shall mencemezr.t
have been submitted to and approved by the President of the
Union.

. 13. (I) Any such conllact the alue of wbich does not exceed two thous-
and rupees lDay be executed by Ihe Ch3irman. and every other such contra<:t
shall be ellecuted by the Chairman and one Trustee and shall be sealed witb
the comDlon seal of the Board.
(1) No contract which is not ellccuted in accordance with Ihe provision.
of this section shall be binding upon the Board.

14. The common seal of the Board shall remain in the custody of the The lui '"
Ule Board.
Secretary of the Board and shall not be affillCd to any contract or other
inllrunlent except in the presence of the Chairman and one Tru.tee.
15. (I) At least fourteen day. before the Cbairman enters into any Tender..
contract for the execution of uy worle or tbe supply of any materials or &ood,
which will involve an expenditure exceeding two tbousand rupees. be ,hall
give notice by advertisement in local newspapers inviting tenders for such
contract.
(2) In every such calC. the Chairman sball place before the Board the
specifications. conditions and estimates and all tbe tenden receivedpclcifyin.
the particular tender (if any) which be proposes to accept:
Provided tbat-
(a) the Board may authorize the Chairman to enter into a contract
without inviting tenders as herein provided or without acceptiol
any tender which he may receive after having invited them:
,.d
(b' the Board shall not be bound to sanction the acceptance of any
lender which has been made. but may unction tbe a<:cep1ance
of any of such lenders which appears to them. upon a view of
all the circumstances. to be the mOlt advantaieoLll. or may
direct the rejcc:tion of all tbe tcnden submitted to tbem.
16. The CbairllWl shall take sufficient iClCurit)' for the due performance
of every co.atract U1volving aD expenditure excccdUlC one thouaand rupea.
 .>4 Rangoon Developnutll Trust.

Ol/icers and Servants.

Schedule of '1.7. (1) The Board sball prepare schedules of the staff of officers and
officerl and
lervanll to servants whonl tbey consider it neceSS3ry and proper to employ for the
be prepared purposes of tbis Act:
b, ...
Bod Provided that artisans. porters. labourers. sirdars of porters
and labourers. employees who arc paid by the day and employees wbose pay is
charged to temporary work. sball not be deemed to be oOkeu and servants witbin
tbe meaning of tbis section.
(2) Such schedules shall also sct forth the amount and nature of
the salaries. fees and allowances which the Board propose to sanction for each
sucb officer or servant.
(3) A copy of all such schedules as last sanctioned by the Board sball be
appended to the annual budget estimate prepared under section 73.

Power of 18. Subject 10 any directions l;onlained in any schedule prepared under
a~nt section 27 and any rules nlade under section 05 and for the time being in force.
D:leflt. elt.
inwbocn the power of appointing. promoting and grantinJ leave to officers and
vested. servants of the Board. and reducing. suspending or dismissing them for
misconduct. and dispensing with their services for any reason other than
misconduct. shall be vested-
(a) in the case of officers and servants whose monthly salary does not
exceed tbree bundred rupees-in the Chairman: and
(b) in other cases-in the Board:
Provided that any officer or servant in receipt of a monthly salary
exceeding one bundred rupees who is reduced. suspended or dismissed by the
Chairman may appeal to the Board. whose decision shall be final.

LlmilatiOll D. (,) The Board shall nol. witboul the previous sanction of tbe Presi
01 powc:r 01 dent of the Union.-
Board in
~""d (0) create or abolilb any appointment the monthly emoluments
a""","t-
mellts. of which amount to over eight hundred rupees. or
(b) increase the monthly emoluments of any exilting appointment to a
lum exceedin~ eight hundred rupees.
(z) All orders paned by the Board under section 28 and relating to any
officer appointed to hold an office the nlonthly emoluments of which exceed
eight hundred rupees. except orders granting leave 10. or suspending. any sucb
officer. shall be subject to the previous sanction of Ihe President of the Union.
.",.,.. b, 31. The Chairman shan exercise supervision and control over the aeu
Cbair_.
and proceedings of all officers and servantl of the Board: and. subject to the
foregoina: sections. shall dispose of all questions relating to the service of the
said officers and servants. aDd their pay. pri..ileges and allowances.
Dclee,tioa 31. (I) Subject to Ihe sanction of the Board. given generally or with
of CbllJr-
-', refer.onco to any particular case. any of the power', duties or fUDCtions
 Rangoon Development Trwt. '26
conferred or imposed on the Chairman under thiJ Act or any rule made '"actiom.
thereunder may be delegated by him by an order in wrilinl to any officer of the
Board.
(2) Tbe exercise or discharge by any officer of any powera. duties or
functions delegated to bim under sub-section (,) shall be subject to sucb
conditions and limitatioos. if any. as may be prescribed in the said order and
also to cootrol and revision by the Chairman.

CHAPTER III.
Powns AND DUTIES OF THE BoAJ.D.

and the provisions of this Act. undertake any works and incur any expenditure ...>dertUe
_.to
31. The Board may. subject to the control of the President of the Union Power 01 the

........
for the impro,"ement. expansion Or development of the City. or of any area in
the vicinity thereof to which the President of the Union may. by notification. iDQ,r Q-

declare this Act .0 penditurc

apply. and for the purpose of framing and executing lucb I~ "'"
to....-n-planning schemes as may be necessary from time to tiole. I" prOft<.
Ir.eftt. ~tc... al
the Citr.
33. The Board may. for the purposea of this Act. purchase and hold Po_oI
BOoIrdlopw-
moveable and immoveable property within or witbout tbe City. duK'"
hoId_~
:able 7nd

..-,.
immoveable

lC. (I) The President of the Union on behaU of the Board may. under Powual
."'"'~
the Land Acquisition Act. subject to the modifications set out in Schedule :a<quireim-
I. and in addition to the provisions contained in Cbapter IV. acquire any land nlO\"e:able
propa-ty.
Or any right or interest therein. whether attached thereto or not. either in
connection with any schenle or iodependently of any scheme. and any ICheme
may proviae for such acquisition_
(2) The President of the Union on behalf of the Board may ~equile
under the Land Acquisition Act. at any time prior to the completion of the
scheme under sub-section (I). in addition to any land comprised in the scheme.
any other land which is beneficially or injuriously affected thereby.
(3) The President of the Union on behalf of the Board may acquire
under the Land Acquisition Aet any easeme:lt affecting any immoveable
property vested in the Board where luch acquilition i. necellary fOr the
developn\ent of the City:
Provided that .....here there is any dispute u 10 the existence of .uch
Decessity such dispute shall be referred for decision to the Court u provided
in lection 39 before the issue of the notice of intention to acquire any such
ellement.
(4) The word "land" in the Land Acqui.ition Act .hall. for the
purposes of tbi, Act. be deemed to include all tbe rithls. in&crdtl and
easements referred to ill tbis section-
 126 Rangoon Development Trust.
T1Ie BoaTd 35. The Board shall pay to the Municipal Corporation of the City
tOfla)'
interest on of Rangoon each year such sum of money as will suffice to pay the interest on
loatli. the loans raised by the Municipal Committee of Rangoon for the purposes of
the Town Lands Reclamation Fund and specified in Schedule II. and a further
sum so calculated that it will. taking inlo account the amount in the sinking
fund of the aforesaid loans on the 1st February. 1921. 1 and accumulations' in
the way of compound interest. be sufficient to repay each of the aforesaid loans
on the date appointed for Tepayment when the loan was raised.

Contributlon 36. The Board shall be liable to pay such contributions for the
by Uo.,rd leave allowances and pension of any servant of the Government employed as
tow,mh
In"callow- Chairman or as an officer or servant of the Board as may be prescribed in any
(In\'cs ~nd rules applicable to him relating to transfer to foreign service.
pensions of
scrvants of
the Go"cr....
mcnt
clllployed
undcr this
Act.
Facifi,ies for movement of the Population.

Powcr of the 37. With a view to facilitating the movement of the population in
Boai'd lor and around the City, the Board may from time to time-
fOll:llit"ting
IT\lIVClncnt (I) subject to any conditions they may think fit 10 impose-
of popul:r..
lion. (a) guarantee the payment. from the funds at their disposal. of such
sums as they may think fit. by .....ay of interest on capital
ellpended on the construction. maintenance or working of Ilny
way or means of locomotion; or
(b) make such payments as they may think 6t from the .aid funds.
by way of subsidy to persons undertaking to provide. maintain
and work any way or means of locomotion; or
(2) either singly or in combination with any other person. construct.
maintain and work any way or means of locomotion. under the
provisions of any law applicable thereto; or
(3) construct or widen. strengthen or otherwise improve. bridges:
Provided that 110 guarantee or subsidy shall be made under clause (1), and
no means of lOCOmotion shall be constructed. maintained or worked under
clause (2). without the sanction of the President of the Union.
CHAPTER IV.
SCHEMES.

Procedure relating to the framing. uaminalion and sanctioning of a Scheme.

Declaration 38. (I) Whenever it appears to the Board that any immoveable property
of intcT'lion
to pccp;lre II which is wholly or partially built upon or which is in course of development. or
schcmc. which is being or is likely to be used for building purposes. is so situated
that. in order to !tCCure proper sanitary conditions. amenity and convenience in
I Dal~ 0( OOnllllell1l1ellt tJllhis Act.
 Rangoon Devdoptmnt Trust.

connet::tion with the laying out or use of the said immoveable property or of
any neighbouring immoveable property. it is expedient that a scheme be
prepared. the Board may declare by resolution their intention to prepare such
scheme. with reference to the whole or any portion of such immoveable
property. including the whole o. such portion a! may be necessary of
such neighbouring immoveable property.
(2) Within twenty-one days from the date of such resolution. the Board Publication
shall serve notice of it upon the owner of any immoveable property affected of intentiaa
thereby or his agent and shall publisb it in the prescribed manner in
the Gazette. and shall apply to the President of the Union for sanction to the
""'_.
10 prCparlll

makinl of such scheme.

(J) If. within one month from the date of such publication in the Gazette. Coasiden-
t .... of obo
any person communicates in writing to the President of the Union any objections ifICtlomaa d
or suggestions relating to such scheme. the Prcsidcnt of the Union shall consider ,ute$tio~
luch objections: or suggestions. >, ...
PraidIllUt.
(4) After receiving such application and after making such enquiry as be
........ '"
may think fit. thc President of the Union may. by notification. either anction ?resident 10
the making of such scheme. with or without modification and subject to such -...
l11akinI: d.

conditioDs as he may think fit to impose. or be may. by similar notificalion.

refuse to give sanction.
(5) Within twelve months from the date of the nolitcation "'lnctioning l";-eparaUon
the making of a scheme. the Board shall. in consullalion with the local ,,,,d pllbJ.ic:;>.
lioa d. draft
authorities concerned. and such owners or their agentS:lS may be deemed s;h<:mc.
necessary. prepare and publish in the prescribed manner a draft scheme Cor the
area in respect of which sanction has been given.
(6) If. within three months froDl the date of publication of the draft S..lIo:niuiOll
scheme. any person affected by such scheme communicates in writing to the '" ocl><_
to Prlllidcnl
Board any objection relating to such scheme. the Board shall consider sucb
objection and may modify such scheme: in such manner as they think fit. The
Board shall then submit the draft scheme. with any modifications wbich they
may have made therein. together with tbe objections which may have
been communicated to them. to the President of the Union.
(l) The President of the Union shall then decide all dispules between the Sdtlemcnt
01 dilputes
Board and any other local authority arising from the scheme. bclwCllll the
Board and
an)' other
local utbo"
ril)'.

(8) At the request of any person who has communicated uy objection .\ppoint-
UDder sub-section (6). the President of the Union shall appoint a referee with menlof
.efeuelA
sufficient establishment. whose powers and duties with respect to all such certain elr
objections shall be as prescribed by the rules framed under seclion 95. and f;IIQf1IIJ1C1:11.
whose decisioD shall be fiDal except as regards the matters specified iD.
aub-.ection (9).
 128 Rangoon Ihvdopment Tnut.

Rilbtol (9) If lhe decision of the referee is questioned as regards-

mer-mce to
the Court iD (a) estimates of the accrual of increment.
rapcctol (b) the proportion of the accrued increment to be contributed to the
JU,.
ma.tten. cost of the scheme.
(d the contribution to be levied on each plot included in the scheme.
(d) tbe contribution to be levied on any plot which is increased in value
by the scheme but wbich is not included in the scheme.
(e) the compensation to be paid under scc::tion 56. or
(J) the date or dates upon which the contributions shall be levied.
there shall be a right of reference to the Court as provided in section 39.

Powera 01
(10) After making such enquiries with respect to such referred questions
the Court. as may be deemed necessary. the Court may accept. modify. vary or reject the
decision of the referee on such questions.

Filial Khc:nle (I J) The Board shall then prepare a final scheme embodying ail
til be1Ub- alterations and modifications which have beeo made. or rendered necessary.
milled III the
PresideDI. by the decisions of tbe referee or the Court. and shall forward such scheme
to tbe President of the Union.

PIlWet' III' (II) The President of the Union. after consideration of such scheme. may-
PrMidt-Dt to (a) reject the said scheme and direct that an further proceedings in
"jedot
.J'Pl'~e 01. connection therewith shall be stayed: or
dnA
"""",. (b) approve of the said scheme.

...........-
When the (lJ) After the President of the Union has sanctioned and published such
Kb_el, scheme in the Gazette. it shall han effect as if it were enacted in the body
of tbis Act.
efl'ectbe.

Power~
(14) The Board may permit any private owner to carry out. under the
Ihe BclIIrd supervision of tbe Board. the reclamation and development of hi, own land in
loren,,;t
ap1pr!ule accordance with the provisions of such scheme.
O"fncr
earryin, O\1t
reclamalion
alul d~vt
lot'ln& hi,
Ilwn land.
Reference '0 ,he Court.
ConJlli.utLDn 3'. (I) A reference to the Court. under scc::tion :H. subsection (2). and
Ill: the ~url. under section 38. sub-section (9). shall ordinarily lie to a .inlle Judge. but a
reference. except in the case of a te(erenee under section 34. shall lie to a
Bench of two Judges in the followinl eases :-
(.) wbere .be amount of the claim involved exceeds the .um of rupeel
twentylive thousand: .
(b) in the matten mentioned ill section 38. sub-section (9). elausca (al
and (6). respectively.
 Rangoon Development Trull. 129

(2) The decision of the Court. whether the reference lics to a single Judge
or to a Bench. shall be final:
Provided that in a reference to a Bench if the' Judges constituting such
Bench are unable to agree they shall refer any matter upon wbich they may
differ to another Judge of tbe Court whose decision thereon shall be final.

40. (I) The referee shall. save whcre he is a senant of the Go,'crnment. RCdlllnera_
be entitled to such remuneration. either by way of monthly salary or by way lion'"
rdcreet,
of fees. or partly in one way and partly in the otber. as the President of the
Union may from time (0 tinae determine.
(2) The salary of a referee who is a Government servant. and any
remuneration payable under sub-section (J). and all expenses incidental to tbe
work of the referee shall. unless the PrC5ident of the Union otherwise
determines. be paid by the Board and shall be added to the costs of the .cherne.

Malt" for which a Schen~ may make Provision.

4. A scheme may make pro\'ision for-
(a) the construction. diversion. alteration and 'topping up of streets.
roads. water-channels and communications:
--,
What a
prO'fid.'Qr,

(b) the construction. alteration and removal of buiJdines and bridges

and other structures ;
(c") the ploUing out of land as building sites whether such land u
intended to be used for building purposes in the immediate
future or not:
(d) the allotment or reservation of land for roads. open spaces. sardens.
recreation grounds .choals. markets and other public pUrposel
of all kinds:
(It) reclamation and drainase, inclusive of sewerage and of surface
drainage and sewage disposal:
(f) lighting:
(g) water-supply:
(h) the preservation of objects of historical interest or natural beauty:
(I) the imposition of conditions and restrictions in regard to the open
space to be maintained about buildings. the number. height.
architectural features and character of buildings allowed in
specified areas. and the purposes to which buildings or spc:c:ified
areas mayor may not be appropriated :
(j) a building line on each side of every ,treet wbicb it i. propolCd to
layout. including a provision-
(i) tbat 'no person shall construct any portion of any building 10 . ,
to encroach past the said line on to the street:
(ii) tbat o""ners sball build right up to the said line:
(k) such otber matter not inconsi,tent with the objCCb of thi, Act a.
may be pr~ribed by tbe President ot tbe UniOQ
.9
 .30 Rangoon Dt!\1elopment Trust.

R0U5lita. 41. A scheme may make provis.ion for-

tion of aay
holding of (a) tbe variation. extinction or transfer of any right or title or
b .. interes.t in or connected with. or the alteration or rearrangement
afftcd by
acbc1I1c. of the boundaries of. any holding of land affected thereby. if
such variation. extinction. transfer. alteration or re-arrangement
is. in the opinion of the Board. necessary in order to render such
holding nlore suitable for building purposes or for any object in
furtherance of the scheme;
(b) the allotment of a plot to any owner dispossessed of immoveable
property in furtherance of the scheme;
(c) the transfer of the ownership of a plot from one person to another.

Pro\i.ioa 43. (I) A scheme may make provision for such and so many building~
for buildio, sites or for the construction. maintenance and management of such and so
litu.

..........
dwcllinc man)' dwellings and shops within the limits of thc land affected by the scheme
or its vicinity as may be necessary for persons (\f the poorer and working c1asscs.
(2) A scheUle may also provide for the construction. maintenance and
management of such dwellings and shops by the Board themselves. or either
wholly or in part by some person who satisfies the Board of his ability to carry
out such worle. or either wholly or in part by the Municipal Corporation of
the City of Rangoon.
(3) When any such scheme providCII. either wholly or in part. for the
construction. maintenance and management of the work by any person Or by
the Municipal Corporation of the City of Rangoon. the scheme shall embody
the terms and conditions agreed upon between the Board and such person or
between the Board and the Municipal Corporation of the City of Rangoon.
(4) The Board shall not themselvcs construct dwellings or shops under a
scheme unless they are salisfied. alter due enquiry. thaI neither any other
person nor the Municipal Corporation of the City of Rangoon is willing and
able to construct them.

Co.llcnu 44. Every scheme shan contain. as far as can be ascertained or prepared.
'" t _ the following particulars. namely:-
pI;\QDin,
achcme. (al a plan sho.... hg tl!e existing state nnd situation (\f the land affected
...."
prcp;ll'cd

aectlon 38.
by such scheme;
(b) the area. ownership and tenures of elch original plot:
(c) a statement of the existing population on the land affected by the
scheme;
(dJ the land allotted or rcserved under section 41. clause fd). with a
general indiC:1lion of the uses to which such land is to be put
and an es:imate of the compensation to be paid under section 56:
(c) a statement of tbe works which it is proposed to cxcc:ute under
section 4 t on the land in respect of which the scheme bas been
prepared in order to givc effcc:t to tbe said scheme;
(I) an estimate of the total costs of the scheme; and a statement
'pccifying the proportion of such costs payable by. or leviable
 Rangoon Development Trull. 131

from. the Board. or any local bodies. owners. nlortgagees. mortga

gOIS, lessors, lessees or other persons affected by such scheme;
(g) a statement of the increment on each plot;
(h) a statement showing lhe proportion of the accrued increment on
each plot to be contributed to the cost of the scheme;
(i) a statement of the agency or agencies by means of which such
works should be carried out and the nleans of providing funds
wherewith to pay their cost;
(i) a statement showing the lands and buildings. if any. which it is
proposed to acquire and the estimated cost of acquiring the same;
(k) a statement showing the plots on which it is proposed to levy a
contribution under section 50:
(l) proposals with reference to the order in which such works should
be carried out and Ihe dates on which they should be undertaken;
(m) a plan sho.....ing the stale of the land after the execution of the
scheme and Ihe extent to which it is proposed to change the
boundaries of original plots:
(n) the area. ownership and tenures of the plots into which it is
proposed to divide the said land under the scheme;
(0) a statement of the authority by whom the conditions and restrictions
imposed under section 4 t. clauses (i) and (j). are to be enforced:
(p) a statement of the arrangements made or proposed for temporary
re-housinl! during the execution of the scheme and for re-housing
persons of the poorer and working classes who arc likely to be
displaced by the execution of the scheme;
(q) the date or dates upon which the contributions shall be levied;
(r) such other particulars as the President of the Union may generally
Or with reference to any special scheme prescribe.

EDtet of Schemtl

45. With effect from the date of publication of a resolution under section R.,.lr!<:llool
38. sub-section (1). no person shall, without the permission in writing of the aft.,r publi-
cation of
Board and except in accordance with the terms and conditions of such int.,ntion
pennission. erect or re-erect. add to or nlake any change in. any building ,"'tt
S.,ction 38.
situated within the area included in such scheme.
46. Subject to the provisions of this Act. and the rights of [tbe State]l Effect of
on the day on which the final scheme comes into force.- fill3lschen e.

(a) all immoveable proferty required by the Board as provided for in

such scheme shall. unless it is otherwise determined in such
scheme. vest absolutely in the Board free from all encumbrances;
(b) all rights in original plots which hne been reconstituted shall
determime and the reconstituted plots shall become subject to
tht rights settled by the final scheme.
 32 Rangoon Dt'V~'opmenl Trull

p-~ .,. On and aftef tbe day on which the final scheme comes inlo force any
Iloard 10 person continuing to occupy any land which he is nol entilled 10 occupy
e';cl under the final scheme may. in accordance with the prescribed procedure. be
IUlnrr..uily.
summarily evicted by the Board.
Power to 48. (I) On and after the day on which the final scheme comes into force
enforce the Board may. afler giving the prescribed notice and in accordance with the
.che,r.e.
Flovisions of the scheme. remove. pull down or alter any building or olher
WOrk in the area included in the scheme which is such as to contravene the
scbeme. or in the erection or carrying out of which any proviion of the
scheme has not been complied with.
(2) If any question arises as to whether any building or work contravenes
a scheme. or whether any provision of a ~cheme is not complied with. that
question shall be referred by the Board to the President of the Union and his
decision shall be final and conclusive and binding on all persons.

Cost of Sch~m~.

Cont-lbutiOCl 49. The cost of a scheme shall be met Wholly or in part by a contribution
towa.rdl to be levied by the Board on each plot included in the final scheme calculated
1:0$10
in proportion to the increment which is estimated to accrue in respect of
such plot:
Provided that no such contribution on account of land privately owned
shall exceed seventy-five per cent of the increment estimated to accrue in
respect of each plot.

Le~y of .50. When. by the making of any scheme. any inlmoveable property not
contribullon included in the final scheme is inCreased in value. the cost of such schenle
in relpecl ol
I~nd not may be met wholly Or in Fart by a contribution levied by the Board on any
included in,
but bnditc:d plot which is so increased in value. calculated in proportion to the increment
by, fin~1 which is estimated to accrue in;respect of such plot:
S(;he,r,e. Provided that--
(i) no such contributioo" shall exceed fifty per cent of the incremeot
estimated to accrue in respect of such plot; and
(ii) no such contribution shall be levied unlcss it is included within
thc particulars of the draft scheme published in accordance with
the pro~isions of section 38. sub-section (5).
Limiting the 51. The sum of the contributions under sections 49 and 50 shall in no
..mount of
ennlribullOS\. ~a,e exceed the actual ~ost of t~e scheme and in apportioning such costs all
Immo'"eable properlY mcluded 10 such scheme except any plot vested in the
Board shall bear itl proportionate share.

Cool ~ 5%. ~he cost of reclaiming any immoveable property vested in the Board
recl"jtl,ing
IlI1lno\c~t:1c under section 58 or exchanged for any such immoveable property or purchased
(.roperly
how to be
from the reven~s of ~ucb immoveable property shall be debited solely against
mol tbe account specified In cla1llC (a) of KCtioD 77. sub-section (1).
 Rlnlgootl lhvnopnrrtll T",..

53 For the purposes of tbi, Act. tbe increment sball be deemed to be e-~
the anlOunt by which the value of a plot estimated on the a..umplion that lite Gliaa' -
scheme has been completed uceeds the value of the same plot ettimated al
its market ...alue at the dale of the declaration of intention to make a ICbeme
without reference to improvements contemplated in tbe scbeme:
Provided that. in estimating such values. the value of buildinp or otbu
works erected or in the course of erection on sucb plot sbaD nol be taken inlo
consideration.

54. (I) Any scheme may provide for the payment of the contributioDs Contrillu-
under sections 49 and 50 in a lump sum or in instalments of sucb amounts. tioelS may'"
not being less than twelve rupees per annum. for any plot and ai such inlerv~ lIladetile tD
as will suffice to discharge such contributions. togetber with interest tbereon :!tal.......
at the rate of six per centum per annum. within a period not exceeding tbirty
years
(z) The said instalments shan be payable by Ibe owner of tbe plot 011I
whicb the said conlributions are so cbarged and may be recovered in the
manner presclibed by section 86.
(3) The contributions payable in respect of aay plot.ball be and remaia
a continuing charge on the same during sucb time as they remain unpaid.
(4) At any time before the expiration of the period for the payment of J.:igbtgf
any contributions under this section. the owner of tbe plot on wbich it is owaerto
redeem .-:It.
charged may redeem such charge by paying such part of tbe said contributiolls chaqe.
as may not have been defrayed by sums already levied in respect of the same.

55. In any case in which the President of the Union bas sanctioned tbe .o\baD~
acquisition of land under section 34. sub-section (2). tbe owner of any portion me"t~.
of such land may apply to the Board to refrain from the acquisition thereof ~=
;lnd to proceed undu the provisions of section 50. or otherwise as may be appliQiion
agreed upon. and the Board may thereupon proceed aCCOrdingly. by-.-.

Compensa,ion.
56. (I) Where property or. ~ private ~ighl .of any sort il injuriously COO1'pcn-
affected by reason of any proHslons contained IQ a scbeme. compensation AiNo. til
shall. subject to the provisions of this Act. be payable by the Board or by ~.ll
any person benefited. or partly by the Board and partly by such person. as
may be determined in each CHse by the final scheme.
(2) Such compensation may be paid either in cash. or by the allotment
of a plot. or in such other manner as may be determined in eacb cue by tho
final scheme:
Provided that-
lu} no compensation shall be payable under sub-section (I) if or in so
far as the provisions of a scheme "re such al would bave bee.
enforceable without compensation under any rule having the'
forte of law. b)e-Iaw or Act in force at the time;
 Rangoon De"elopnl~nt Trust.

(b) property or a private rilbt of any sort shall not be deemed to be

injuriowly affected by reason of any provisions inserted in a
scheCIe. which. with a view to securing the amenity of the un
included in such. scheme or aDy part thereof. impose any
conditions and restrictions in regard to any of the matters
specified in section 41. clauses (j) and (j) ;
(e) lhe Board shall Dot be bound 10 consider any claim to campenu-
lion which is made after three montbs fronl the publication of
the draft scheme.

._to
u.ryor
revoke a
51. (I) Any scheme which has been notified in accordllnce with the
provisions of section 38 may be revoked Of abandoned. or may be varied by a
subsequent scheme prepared in accordance with this Act. and the President of
scheme.
the Union may. on the application of the BOard. or of any other person
appearing to him to be interested. by order revoke. abandon or vary any
scheme 10 notified. if such revocation. abandonment or nriation should appear
to be expedient in the circumstances of the case :
Provided that no such variation. revocation or abandonnlent shall be
effected without the publication of a notice in tbe prescribed manner.
(1) Any perlOn who has incurred expenditure for the purpose of comply-
ing" with a scheme revoked. abandoned or varied under sub-section (J) shall be
entitled (0 compensation from the Board in so far as any such expenditure U:
rendered abortive by reason of such revocation. abandonment or variation.
(J) If a scheme is revoked or abandoned under sub-section (I). the Board
shall pay to any person whose interests have been affected by such schcme
compenution not exceeding the amount of the costs reasonably incurred by
bim in the proceedings under tbis Act connected with such lICheme.

CHAPTER V.

PIOPERT\'. TAXATION AND FlNAtK"E.

Property_
!S. (J) From the day on which this Act comes into forcc. 1 thete sball
VuUng 01
ecrtain vcst in the Board the right. title and interests of Government in. and to. the
Ilnmoveable following immove!l.ble property in the City. namely :-
properly ill
the Board. (a) all waite-land not especially reserved by the President of tbe
Union ; and
(b) all immoveable property held from Government unde permit.
licence or lease Or occupied without title.
(1) All rents Of fees now derived by Government on account of sucb
permill. licences or leases sball be collected by and velt in. tbe Board.

I Tbi. Act c:amc lllio bo:: on lbt III .'u.ruar,. 1921.

 Rangoun Del'dopn&en, T"",. u.
(ll After the commenccment of this Act I the President of the Union
may. by notification. place any other Government immoveable property at
the disposal of the Board. and sucl1 property shall thereupon vest in the
Board front the date of the notification.

59. (I) The Board may dispose of immoveable property. vested in the Powv of
Bo~rd under the provisions of se<:tion 58 or otherwise. by lease. ulc:. transfer ~d ~
or In any othcr manner. subject to any rules which may be made under section im:n::eablc
95- proptTly
(2) If any immoveable property vested in the Board is required by the
Government for administrative purposes. the Board shall transfer the Slme to
......
vested ill

the President of the Union upon payment of all Cosls incurred by the Board
in acquiring. reclaiming or developing the same. together witb interest thereon
at the rate of six per cent per annum calculated from the 1st February.
t92I.1 or from the date on which such costs were incurred. whicbcver is the
later. The transfer of any such immo..eable property shall be notified in the
Gazette and such propelty shall thereupon vest in tbe Government from tbe
date of the notification.

60. The Municipal Corporation of the City of Rangoon shall pay from Coutritu.
the Municipal Fund to the Board on the first dlY of clcb quarter. so long as tiont from
thc Board c()ntinuc:s to exist. a Sltm of twenty-five thousand rupees. and may J,!llnio;ip",t
Fund_
pay any further sum with the previous sanction of tbe President of tbe Union.
6. On the day on which this Act comes into fo:e l-
BOIlar.o;e. at
(a) the balance at the credit of and all allets and liabilities due to thc credit of
the Rangoon
and payable from the aa:ount of tbe deposits of land sales aad Town Land
rents. Rangoon. deposits of
sates:llld
(b) all asse15 and liabilitie,; of the Rangoon Town Lands Reclamation renllo, eto;
Fund including any contingent liability under any orders of the
Secretary of State existing at the date when this Act comes into '"properly
'" of
the~d.
force. 1
shall respectively vest and be taken over by the Board.

61. All molteys to be credited to the Board on the day on which this R~lpt of
Act comes into force 1 and allruoneys thereafter payable to the Board shall moncyaad
d~po&il in
be received by the Chairman. and shall fortbwith be paid into the (Unioa thc Union
Bank of Burma] 2. or such other Bank as may be IIelccted by the Board subject Bank cl
to the approval of the President of the Union. to the credit of an account 8u:r1Da.
which shall be styled "The account of the Rangoon Development Fund".
and shall be held by the Board in trust for the purposes of this Act lubject
to the provisions herein contained.

I Thi. Ad UlI,e Into torte on Ule Ibt I"ebruary 1921.

I Sliballtnied by Act LXVIII. t951.
 136
P!,arpos" to 63. The moneys from time to time credited to the Rangoon Develop-
whkb tbe
RU,OOD ment Fund shall be applied-
Dc~elop
_nt .!IAd firstly. in making due prov;sion for the repayment of the outstanding
i.lo be balancCl of principal and interest of all loans mentioned in Schedule II. and
.pplied. secondly. in payment of all sums. charles and costs necessary for the
purpose of carrying tbis Act into ellect. or of which the payment shall be
duly directed or sanctioned under any of the provisions of this Act or any

._u
In"lI'$trr.ent
rn_,..
other Act. or payable under any order or decrcc of a civil or criminal Court.
" . (I) Surplus money. at the credit of the Rangoon Development Fund
. may. from time to time. bo-
(cd deposited at interest in the (Union Bank of Burma]1 or in any
other Bank approved by tbe President of the Union in this
behalf: or
(b) invested in Government securities. sec::uritiCl guaranteed by
Government. Rangoon Municipal debentures. debentures issued
by the Commissioners for the Port of Ranaoon or by the Board.
or with tbe appronl of tbe President of the Union in any otber
manner
(2) All such deposit. and investments shall be made by the Chairman
00 behalf of lbe Board.
65. (I) No payment shall be nlade by the Bank out of the account
referred to in section 62. except upon a cheque.
(2) Payment of any sunl due by tbe Board exceedinJ one hundred rupees
in amount shall be made by means 01 a cheque and not in any other way.
(l) Payment of any sum due by the Board not exceeding one hundred
rupees in amount may be made by the Chairman in cash. cheques lor sums
not in excess of one thousand rupees each. sianed in accordance with the
provisions of section 66. being drawn from tinle to tilDe to cover such
payments.

8lJnature on 66. All orders for making any deposit or investment under section 64.
order. under or for any withdrawal or disposal thereof. and aU cheques referred to in
le'ttion 62
and 01 section 65 shall be signed.-
chell.'. (a) by the Chairman and the Secretary to the Board. Or
(b) in the event of the illness or occasional absence from Rangoon of
the Chairman Or tbe Secretary. then by the Secretary or the
Chairman. al the case nlay be. and by a Trustee other than the
Chairman.
Adherence 61. (I) No work shall be beGun or executed unless provision for the
to ntimllte
and IIl,in. expenditure required therefor has been made in a current budgetgrant. and
t.nancc 01 no lum .ball be expended by or on behalf of the Board unless the expenditure
........
tloaln
t tiabstitllted.bJ Att LXVIII. t95t.
 Rtmgoon DlllldoPlMtll 1,,"1_ Il1
of the ,anle is covered by a CUlrent budget-vaot or can be met by reappropria_
tion or. with the previous s.anctioo of tbe President of tbe Unioll. by drawiq
on the elosina balance.
(2) The following items sball be exempted from tbe provisioaa of sub-
section (f). namely :-
(a) repayments of moneys belonging to contractors and otber pefSOftI
and held in deposit, and of moneys collected by. aDd credited
to. the Board by mistake :
(b) payments due under a dtcree or order of a Court palled aaainit
the Board:
(d sums payable under a compromise of any suit or other lea:aJ
proceeding or claim:
(d) sums payable by way of compensation: and
(e) payments required to meet some pressing emergency.
() Whenever IIny sum exceeding five thousand rupees wbicb cannot be
met by reappropriation is expended under clause (b). clau~ (c). clause' (d) or
clause te) of subsection (2). tbe Chairman shall fortbwitb report tbe circum-
51anccs to the President of the Union. and shall at the same time report bow
the Board propose to cover the expenditure.
Taxati(NI.
" . (J) The duty charged by Artkles 23. 33 and 40"- respectivel). of 1)01,. 001
Schcdule I of the Burma Stamp Act shall. in the case of instrumentS allecting et:fl2;a
Inn.tut<JI.
immoveablc property situated in the City and uecuted on and afler the com- lo_ubH
menccnlcnt of this Act.' be increased by two per centum on the value of tbe propert,..
property 50 situated. as set fortb in the instrument.
(2) For the purposes of this section. section 27 of the said Burma Stamp
Act shall be read 3S if it specifically required tbe particulars referred 10
therein to be set fortb separately in respect or-
(a) property situated in the City. and
(b) property situated outside the City, respectively.
(J) For the purposes of this section, sec;tion 64 of the said Burma
Stamp Act Iball be lead as if it referred to tbe Board as well as the Govern-
ment.
(4) All collections resulting from the said increase shall, after deductinl
incidental expenses (if any), be paid to lhe Board at such time as may be
prescribed by rule made under section 95.
't. (J) Every male passenger liablt to pay the full fare lcavina Rangoon T.. ...-iaat
by lea-going vessel [or aircraft) , for a destination other Iban a port (or an . . . 00
airport) t in the Union of Burma shall pay in respect of each journe) so pl8l"P~'
b,. .p"l
nlade by him a tax of such amount nOI ellceedinl two rupees al the President 'Of t.
of the Union may delermine.

I That it, altef" the h! .'.,bruary t92l.

I I_,ttd by At! Viti. 1949.
 .38 Rangoon Developmenr Trust.
(1) The said tax shall be collected as a surcharge on the fares in respect
of such journeys by the persons by whonl the fares are collected and. after
making such deductions as the President of the Union may approve to meet
expenses incurred in the collection of the tax. shall be paid to tbe Board by
the owner of the vessel [or aircraft] I in which the passengers arc carried. or
if the fares are collected by an agent of the owner of the vessel lor aircraft]l.
or by a chutcrcr or hirer of tbe vessel [or aircraft] I or his agent. by such
cbarterer or hirer or agent. at such time as may be prescribed by rule. and the
owner of the vessel [or aircraft] 1 and his agent or the charterer or hirer and
his agent. as the case may be. shall be joinlly and severally liable to pay and
account for the tax to the Boud.
(3) The owner or agent of the owner of eyery vessel [or aircrah] 1
referred to in sub-section (I) shall prepare and deliver. or cause to be
prepared and de1i~red. to tbe Chairwan. eacb quarter. a return. in tbe form
prescribed by rule made under section 95. of all passengers carried by such
ve5KI. (or aircraft] 1 by wbom tbe tax imposed by that sub-section is payable;
and sball subscribe. at the foot of sucb return. a declaration of tbe truth
thereof.

Suspendca 70. (I) Whenever the President of the Union considers that any duty or
01" abolition. tax imposed by sections 68 and 69. or any conlribution payable under section
and ~-
im....ilion, 60 of tbis Act. or any porlion of any such duty. tax or contribution. is not

......
of t.ua1i0Q
or OOCltrl
required for the purposes of this Act. he may. by notification.-
(a) suspend. for any specified period. the levy of such duty. tax or
contribution or any specified portion thereof; or
(b) abolish such duty. tax or contribution or .any specified portion
thereof. from a date to be specified in the notification.
(1) If at any time the President of the Union considers that any such
duty. tax or conlribution or any portion thereof. which has been suspended
or abolished under sub-section (1). is required for the purposes of this Act.
he may. by notification. cancel such suspension or abolition. wholly or in
part. as he may think fit. from a date to be specified in the notification.
Loa",.

Power of the 71. The Board shall be deemed to be a local authority. as deli ned in thc
IJ.oard 10 Local Authorities Loans Act. for the purpose of borrowing money under that
bonow Act.
mone)'.
Enforcemem of Liabilities.

PrOClltdllre If 72. (J) If the Board fail to pay any money borrOwed in accordance with
Board bill the provisions of section 71 or any interest or payments due in respect
to m:ake any thereof. the Accountant-General. Burma. shall make such payment and the
payment In
relpeel of Municipal Corporation of the City of Rangoon shall forlhwith pay from the
loan Municipal Fund to the said Accountant-General a sum equivaleDt to the sum
.liO paid by him.
I lnK'rtcd by Aet VIII. 1949.
 '39
(2) When payment has been made as aforesaid. or if the Board should
fail to make any payments for which they are liable under the frovisions of
section 35. the Municipal Corporation of the City of Rangoon shall be
deemed to be. and have all the rights of. a lender in respect of tbe said
payments against the Board under section 5 of the Local Authorities Loans
Act. and the Govtrnment shall re-imburse the said CorForation out of the
proceeds of an)' attachment levied under the provisions of that seclion. subject
to the conditions and limitations therein prescribed.
(J) If the Municipal Corporation of the City of Rangoon fails to make Proced_
any payments as required by section 60 or by sub-section (I), the GovemDteDt if the .
COI'roralillll
may attach the Municipal Fund or any part thereof. bils 10
(4) All money. paid by the Municipal Corporation of the City of make an,.
p<I}u:~nt
Rangoon under sub-section (l). and not re-imbursed by the Government u required
under sub-section (2). and all moneys payable under sub-section (I) and levied by seclion
60 or lUI>-
under sub-section (3). shall constitute a charge upon the property belongiag sec:tioA (I).
to or vested in the Board.
Budget Estimates.

73. The annual budget estimate ~hall be preparcd in accordance with Pr~paralion
and suboris-
rules framed under section 96. and sucb estinlate as approved by the Board sion of the
shall be submitted to the President of the Union. who may approve or modify annual
b"dg~1
the same: eslimate.
Provided that the President of the Union shall. before modifying any
budget estimate. give to the Board an opportunity for the further consideration
of the said estimate.
74. A copy of every such estimate shall. as finally approved by tbe TrO\nsmis-
sion nf copy
President of the Union be scnt by the Board to the Municipal Corporation of of C'sli",,,t,,
the City of Rangoon. lotl:e
MuD'c;p.1'
CorponliOll
175. of llangOOll.

76. (1) The Board may. at any time during the year for which a budget S"ppl~
estimate has been sanctioned. C3USC a supplementary estimate to be prepared mcnt:lry
utim:.k$.
and laid before them at a special meeting.
(2) The provisions of section 73 and section 74 shall apply to the said
estimate.
Account$.
71. (1) The 3ccounts of the Board shall be kept in such a manner as to Accounts
show separately- how to be
kepi :lad
(0) all income and expenditure in connection with immoveable audited.
property vested in tho Board under section 58 or exchanged for
any such inlmoveable property or Furchascd from the re\enues
of such immoveable property. and
(b) aU other income and expenditure of the Board:

I OInitted bJ Ad II, 1945,

 140 Rangoon D~v~/opm~n' Trull.
(2) Such accounts shall be sub}ec:t to such audil U Ibc Board may. witb
the sanction. of the Prniden.t of the Union. direct.

Provid~", Fund.

Matnten.rK:c 71. The Board may. by rules framed under the provisions of section 96.
...,
of :I
......t7
JIrO"j.
establish and maintaio a pro\ident or annuity fund. and may compel all or
any of the officeu or servant. of the Board. other than servants of the
......
( .._ by tbc
Government 10 subscribe to such fund. and if neussary may deduct such
subscriFtions out of the salaries or emoluments of such officers or servants.

CHAPTER VI.
PIlOCfDUI.E.

Powo of Entry.

P...,nrof ". The Chairman. or any officer of the Board authorized by him in thi!>
a1U"Y. behalf. may. with or without assistants or workmen. enter into or upon any
immoveabJe properly in order-
(a) to make any inspection. survey. measurelUCat. valuation OJ' enquiry.
(b) to take levels.
(cJ to dig or bore into the sub-soil.
(d) to set our boundaries and intended lines of wort.
(e) to mark such levels. boundaries and lines by placing marh and
CUlling trenches. or
(f) to do any other thing.
whenever it is oecessary to do 10 for any of tbe purposes of Ihis Acl or
any rule made thereunder or itny scheme under preparation or sanctioned
thereunder:
Provided as follows :-
( i ) no such eolry sball be made between sunset and sunrise;
( ii) 110 building which is used as a dwelling place shall be 10 entered.
unlell with the consent of the occupier thereof. without giving
the said occupier at kut twenly.four hours' rrevious writlen
notice of tbe intention to make such eolIy :
(iii) sufficient notice sball in every case be given. eveo when any
premises may otherwise be entered without notice. to enable the
inmates of any aparlment appropriated 10 females 10 remove to
lOme part of the premises where lbcir privacy need not be
disturbed:
(iv) due regard sball always be bad. as far as may be compatible witb
tbe exigenciu of tbe purpose for which Ihe entry is made, to the
lOCial ad religious usages of the occupiert of tho premilCl
enttte4.
 .14'
N. II) The Board may-
(a) do any act which is necessary or desirable to be done ill puraaaace
of the provisions of any scheme; and
(b) execute any work which it is the duty of any penon to exUle
under such scheme and which such persoD bas failed to uccute.
(1) Any expenses incurred by th~ Board under claUJe (b) of sub-teetioa
(0 Dlay be recovered by the Board from the person or penolll ill defawt.
(3) In the event of any question arising whether any action tateD or pur-
porting to be taken under sub-section (I) is in punuanoe of the provisions of
scheme. such question shall be referred to the President of the Union. wbOle
decision thereon shall be final and conclusive and binding 011 all penont.
Signature and Scrvice of Noticcs or Bilb.
II. E"'ery notice. bill or rent rC'ipt. whicb is required by tbia Act or by Stampiaa
any rule made thereunder 10 bear the signatute of \be Chairman or of any ,i,ut.e
other Trw;tee or of any officer or servant of the Board. shall be deemed to be M~ .....
properly signed if it bears a facsimile of the signatute of the CbaaDlaD or of
such other Trustee or of sucb officer or servant. u the case may be. stamped
thereon.
12. When any notice. bill or otbcr document is required by this Act or by S:oice a.-
any rule made thereunder to be served upon or to be iuucd or presented to
any person. ucb service. issue or presentation IbaU be effected-
:e
be
eded.
(a) by giving or tenderine such document to such person; or
(b) if such perSon is not found. by leaVing such document al bis lut
known place of abode in tbe city. or by giving or tendering the
same to some adult ntale member of his family: or
(d if such person docs not reside in the city. and his address elsewhere
is "nown to Ibe Chairman. by forwarding such document to him
by registered post under cover bearing tbe said addtess ; or
(d) if Done of the means aforesaid be anilable. by calUing a copy of
luch document to be atfuted on some eoaspicUOlU part of the
property to whicb the document rei.tea.
Legal Proctedings.
13. The Chairman may. subject to the control of Ihe Board.- _,of
(a) institute. defend. or withdraw from. legal proceedinp under this Cb.l,,~
uOo
Act or any rule nlado thereunder; iastitlJtioa.

=--
(b) C9mpound any offences against thil Act or any rulo made et~ .. oIlepf
thereunder which. under any la... for the time boing in force.
may lawfuUy be contpounded : obtai.....
lllalad\D
(c) admit. compromise or withdnw any claim made uader this Act CIt
any rule made thereunder: and
(d) obtain such legal advi~ and assiItallCO u he may from time to
time think it necessary or expedient to obtain. or as he may be
desired by tbe Board to _obtain. for any of (be purpaes refen-l
 Rturgooll D~vtlopm~"t Trill';
to in clauses (0). (b) and (d. or for "cutin, the lawful uercise
or discharge of any power or duty \'~st~d in or imposed upon
the Board or any offir or servant of tbe Board.

Indemnity. 14. No suit shall be maintainable against the Boud. or any Truslee. or
any ollir or servant of the Board. or any J:erson acting under the direction
of the Board or of the Chairman or of any officer of the Board. in rcsJX'ct of
anytbing lawfully and without negligcnce done under this Act or any rule made
thereunder.

IS. No suit shall be instituted against the Board. Or any Trustee. or any
officer or servant of the Board. or any person acting under the direction of the
Board or of the Chairman or of any officer or servant of the Board. in respect
of any act purporting to be dooe under this Act or any rule made thereunder.
until the expiration of one month next after written notice has been delivered
Or left at tbe office of the Board. or at the office or the place of abode of such
olfir. serunt or person. stating the cause of action. the name and place of
abode of tbe intending plaintiff. and the relief which be claims. and the plaint
must contain a statement that such notice has been so delivered or left.

R~vu, oJ Duu.
H. (t) Any sum of money. or any tax or fee due 10 or claimable by the
Board may be recovered by the Board as if it was an arren of landrevenue.
(1) The President of the Union may. by notification. pres<:ribc by whose
Orders and 00 whose application such money. tax or fee may be recovered.

CHAPTER VII.

OFFF.liCES.

Penalty '7. The olfences mentioned in column 1 of the following table shall be
'OJ" lpecilic punisbable to the extent mentioned in column 2 thereof with reference to such
offenen.
offences. respectively : -

,
(II Contn\'~nlng the p.odsi"". of <II Fine not eJeeer:U"C R. SOO, Md in c:'lse of
$Cheme in r~lpe<:t r;i the m:'llte conlllllllnj[ .:outrmentiQlI. a f"rlher fine which "",y
lpeelfied In seeliol, 41, cla,ael (.1 and nt~l'd to RI. 100 IOJ" e~eh dlly ~fter Ihe fir~1 d~rjng
til. or the pro'isiol I of lectlon 45. wlllch the c",.lra'enlion rontinlln.
(2) O",II\;"t to furnish the ret .rn Fine not eueedl,,& R.. 1,000.
relpired by section tN (31, or rd.II"g
to litn or co... pl~te tb~ u,,:~.
(31 N:.king and de\i,-ering :,1 I eli ImprllOllmenl for .. period which may ul~lld 10
retllrn contaln;"c any ItateIT.ellt 1101 that ~"rs. or rille, Oi' botil.
true to the besl 01 the j"IOJ"matlon
I.,d belief 01 the penoo IIl.Iking tho:
A~.

------''-----_._-
 Rangoon Dndopmml T".". .<:1
II. Whoever disobeys any rule made or auy lav.ful directi01lgiwn by the
Board by public notice given under the powea conferred upon them by any
or the provisions of tbis Act. or any notice in writinglawfu.Uy issued by them
under the powen ~o conferred. or fails to comply wilb the conditions subjm
to which an)' permission was !ivcn by the Board to bim under tbote powers.
shall. if tbe disobedience or omission is not an offence punisbable under any
other section. be punishable witb fine which may extend to Rs.50 and. in lhe
case of II continuing breach. with a further fine which may extend to Rs. 5 for
every day after the datc of first conviction on which the offender is proved to
have penisted in the offence.

19. If an)' Trustee. or any officer or ..rYant of the Board. howiDgly P. hb-r'
acquires. directly or indirectly. by himself or by any partner. employer or :..~
employee. otherwise tban as such Trustee. officer or sernnt. any share or iota-cst ill.
interest in any conlract or employment with. by or on behalf of. the Board. ~~
not being a share or interest such as. under section 1. sub-section (2). it is "Ildn' u.e
permissible for a Trustee to bave witbout being thereby disqualified for being Baud.
elected or appointed a Trustee. he shall be punishable with sinlple iOlprilOomcnt
for a term which may extend to one year. or with fine. or with botb.
N. If any person-
(a) obslructs or molests any person with whom the Chairman bas P_..wtylor
obdr~difl&:
entcred into a COnlract On behalf of the Board in tbe ~bx'"
performance or execution by such person of bis duty. or of ~ rtmlK'nc
anything whichhe is empowered or required to do by virtue or ,-"
in consequence of this Act or any rule made thereunder; or
(b) removes any mark set 'up for the purpose of indicating any leyel
or direction necessary to the execution of works authorized by
this Act or any rules thereunder;
he shall be punishabl~ with flne which may extend to two bundred rupees. or
wilh imprisonment for a term wbich may extend to two months
91. All fines and damages realized. and the proceeds of all confiscations. Finel,
_,of
in cases in \\b;ch prosecutions are instituted under tbis Act or any rule made damagell.
thereunder. shall be paid to the Board. COI'Ifiseati.-
to be paid to
"" ....d
92. Notwithstanding anything contained in tbe Code of Criminal Cogllinaoe
Procedure.- of alIellCel.
la) all offences against this Act or any rule made thereunder shall.
wherever committed. be cognizable by a Magistrate of the
Rangoon Town District;
lb) no such Magistrate shall be deemed to be incapable of takinB
cognizance of any such offence by reaSOn only or being liable to
pay any tax imposed by this Act or of his being benefited hy the
funds to the credit of which any fine imposed by him will btl
payahle ;
 ,,, RIJngoDtl D~ ...elopm~tlt Trust.

(e) it shall not be necessary. in respect of any offence under Ihis Act
or of any rule madt- thereunder. to examine the complainant
when tbe complaint is presented in writing.
Li",ibli.. '3. No person sball be Iiable:o punishment for any offence referred to
01 time: for
,..oaenUoo. in ICCtion 87. column I. item (t). of the table unless complaint of such offence
is made before a Magistrate within three months next after the commission of
such alienee.

Compe:nn- 94. (J) IJ. on account of any act or omission. any person has been can
be
U . . 10
victed of an offence against this Act or any rule made thereunder. and. by
".., by
ofI'euden for reason of tbe same act or omission of the said person damage bas occurred
ch lUi fC to any property of tbe Board. compenl8.tion shall be paid by the said perron
c:auaed by
....~ for the said damage. notwith~tanding any punisbment to which he may have
been sentenced for tbe said offence.
(2) In the event of dispute. the amount of compensation payable by the
aid perron shall be determined by the Magistrate before whom he was COD'
victed of the said ollenee.
(3) IJ tbe amount of any compensation due under this section be not
paid. the same shall be recovered under a warrant from _he said Magistrate as
if it were a fine inflicted by him on the person liable therefor.

CHAPTER VIlI.

RULES.

-~~ 95. The President of the Union may make rules consistent with the
''ruident ttl
provisions of this Act to provide for all or any of the following matters.
,nab rules.
namely:-
(I) Regulating elections under section 4. clauses (d). (,.).{f). (e) and lh}.
(2) (a) The particulars which a resolution declaring the intention to
frame a scheme shall contain. including the submission of plans.
and tbe description of buildings. if sny. which may be affected
by such scheme:
(b) tbe publication of such resolution. and the bearing and detennina-
tion of objections against such scbeme or any portion thereof;
(c) all other matters which may be provided for in a scheme;
ld) the publication of a duCt or final scheme. the hearing and determi.
nation of objections against a schelnc or any portion thereof.
and the delegation to any person or the power of hearing and
reponing on such objec:ion. :
(e) the inspection by the public of .ucb draft or ftnal schewe. and of
the documents. plans and maps prepared with such scheme:
(j) regulating tbe sending of copies of sucb documents. plans aDcI
maps to the proper registeriog officer ;
 I~

(g> the further particulars to be prescribed (or iDc:lUJioD ID aay draft

scheme under section 44 :
(h) the submission to the President of the Union of any scheme :
(i) the publication of notice of variation. revocation or abandoDDlCIll
of any scheme.
(J) (a) Fi::Jdng the reolUneration of the referee :
(b) the staft and establishment to be provided (or the referee and tbe
remuneration of such staff and establishment;
CcJ the procedure to be followed by the referee;
Cd) determining lhc: powers and duties conferred or imposed upon the
referee ;
(~) the form in which the Board shall draw up the final scheme. the
particulars to be entered in such linal scheme. and the e:llent to
which variations may be made by the Board in the draft scheme ;
(I> the period of limitation fer references to the Courl ;
(g) bing the fees payable on a reference under section 39 :
(h) the procedure to be followed by a person wbo questions the
decision of the referee as regards any of the points specified i.n
section 38. sub-seetion (9). in applying for a reference to be
made to tbe Court.
(4) The procedure to be followed by the Boord in summarily evicting
a penon under section 47.
(5) The notice to be given by the Board before they tate aChon under
section 48.
(6) Tbe maintenance of a register of charges created under section 54.
(7) Tbe collection of the duty and taxes imposed by sections 68 and 69
and the payment thereof to the Board.
(S) The form of the returns required by section 69. subsectioD (3).' the
particulars to be contained therein. the manner or verification
thereof. and the time within which the same arc to be delivered
to the Cbairman
(9) The procedure to be followed by the officer deputed to hold an enquiry
for the purpose of deciding a disputeq claim to ownership under
section 103.
(10) The preparation of the annual administration report. and prescribing
the form and contents thereof
(It) The lease. sale. transfer. or disposal of any immoveable property
vested in tbe Board under section 58 or exchanged for any such
immoveable property or purchased from the revenue ot such
immoveable property:
Provided that sucb disposal. sale or transfer shall not afreet tbe rights
of [the State]! therein or the conditions of any trust to which it
may be subject.

I Sultituted by tbe U.iOD of Bunua (AdaptaliOll of Lawl) Okr, 1948,

10
 Rangoon D~vtlopm~nt Trus'.

(12) The preparation and submission of estimates and determining the

authority by whom such estimates shall be prepared or submitted.
(3) Regulating the manner of publication of public notices and
advertisements.
(14) The procedure to be adopted for sc<:uring cooperation on the
part of tbe Board witb tbe owners or persons interested in
immoveable property proposed to be included in a scheme at
every stage of the proceedings by means of conferences and
such other means as may be expedient.
(15) Fixing of the period of limitation for claims for compensation.
(16) Fixing of feCI for process and amount of fees payable to
witnesses.
(11) The person by whom and tbe time. place and manner at or in
which anything is to be done under this Act for which no
express provision is made.
(18) The cases in which inspection and copies of documents and
records may be granted. reaulating the procedure in. and fixing
the fees for. obtaining the same.
(19) The carrying out of the purposes of this Act with reference to all
matters Dot specifically enacted therein.

Power of the N. (J) The Board may. from time to time. make rules. Dot inconsistent
Boa.rd to with any of the provisions of this Act or of any rules made by the President
-""~ of tbe Union. for carryin& out tbe purposes of this Act.
(2) In particular. and without prejudice to the generality of the foregoing
power. such rules may provide fnr-
(a) associating persons with the Board under section 17;
(b) the guidance of persons emplo)"ed by it under this Act:
(e) tbe time and place of meetings of the Board and committees;
(d) the manner in which notice of such meetings may be given;
(e) the quorum necessary for the transaction of business at meetings:
(j) the constitution and powers ot committees appointed under section
18 ;
(j/) delegating powers and duties to the Chairman subject to such limi-
tations and restrictions on the exercise of such delegated powers
and duties as olay be deemed necessary :
(g) the filling of vacancies on committees ;
(h) the manner in which a Trustee may resign;
(i) tbe manner in whicb minutes of proceedings shall be kept and
published;
u> regulating the preparation of the budget estimate;
(k) any other matter relnting to the proceedings of the Board or COm-
mittees. the holding or regulation of meetings. and the conduct
of debate:
(I) tbe construction. maintenance and management of dwellings aDd
'bOps constructed upder an)' scheme;
 Rangoon DevelopMOIt Tnut. ,47
(m) the qualifications ordinarily to be required of an offict:r or servant:
(n) the procedure to be followed in dismissing or removing from bis
appointment any officer or servant;
(0) the amount and the nature of the security to be demanded from
any officer or servant from whom it may be deemed expedient
to require security:
(p) the grant of leave to olflcer or xrvanu :
(q) the payment of allowances to officers and servants. or to certain of
them. whilst absent on leave:
(,) the remuneration to be paid to the person appoinkd to act for any
of the said officers or servants during their absence on leave;
(s) the period of service of the said officers and se~ants :
(Il the conditions under which the said officers or servants on retire.
ment or discharge. or. in case of their death while in service.
their widows or other dependent relations. shall receive pen
sions. gratuities or compassionate allowances. and the amount of
conveyance allowance and travelling allowance payable to such
officers or servants: provided that no pension. gratuity. leave
allowance or other allowance. except gratuities or comp8$$ionate
allowances to widows and dependents. shall exceed the surn to
which any officer or $l:fVant would be entitled if such officer or
servant had been employed by Government in a capacity similar
to that in which he is employed by the Board.
(It) the payment of advances. and contingent and other ex~nditure ;
(Itt) other matters incidental to the control and administration of the
Rangoon Development Fund:
(.d the payment of contributions to auy provident or annuity food
established by the Board:
(II) the tiwes. circumstances and conditions under which parments may
be made out of any such fund and the conditions under which
auch payments sball relieve such fund from further liability:
(w) the settlement. by arbitration or otherwise. of disputes relatiDS to
such fund. or the paymentS or subscriptions thereto. or claims
thereon. between the Board and other persons or between persons
claiming any share or interest therein; and
(x) regulating generally such other matters incidental to such fund and
the investment thereof as the President of the Union may
approve.

" . (I) The power of the Board to make any rules under section Power to
96 is aubject to the conuol of the President of the Union and to tbe condition Plake rulea
IUbjec:t 10
of the rules being made after previous publication.
(1) All rulea made under this Act shall be published in the Gueue &ad ~."

-.
.........
of'"
~dea.t
shaD thereafter bave effect as if enacted in this Act. and. all nile.
 148 Rangoon Developmmt Trust.

CHAPTER IX.

SUPPLEMENTAl. PJ.OVISIONS.

StatuI of Trulteel. etc.

Trusten, 91. Every Trustee. and every officer and servant of the Board. and the
etc. dumed referee shall be deemed to be a public servant within the meaning of section 21
public
sefVaDt.. of the Penal Code.

Police.

Cl>openotiou " . l/) The Commissioner of Police of Rangoon and his subordinates
of lbc polic~. shall co-operate with the Chairman for carrying into effect and enforcing the
provisions of this Act.
(2) It shall be the duty of every police-ollicer-
(a) to communicate without delay to the proper officer or servant of
the Board any information which he receives of a design to
commit or of the commission of any offence against this Act or
any rule made thereunder: and
(b) to assist the Chairman or any officer or servant of the Board
reasonably demanding his aid for the lawful exercise 01 any
power vested in the Chairman or in such officer or servant under
Ihis Act or any such rule..

Arrest 01 1". (1) Every police.officer shall arrest any person who commits, in his
offeftders. view. any offence against this Act or any rule made thereunder. if the name
and address of sucb person be unknown to him. and if such person. on
demand. declines to give his name aod address or gives a name and addrC$l
which such officer has reatOn to believe to be false.
(2) No person so arrested shall be delained in curtody after his true
name and address are ascertained, or. without the order of a Magistrate. for
any longer time. not exceeding at the most forty hours from his arrest. than
is necessary fOr bringing him before a Magistrate.
(3) On the written application of the Chairman. any police-officer above
the rank of constable shall arrest any person who obstructs any officer or
servant of the Board in the exercise of any of the powers conferred by this
Act or any rule wade thereunder.
Evidence.

..."" 10 Whenever. under this Act or any rule made thereunder. the doing
(ouSCllt.dc., or the omitting to do anythinl or the validity of anything depends upon the
...... ~
Cbalrma.a or approval. sanctioD. permission. acceptance. declantion. opinion or latislac-
-~ tion of-
,...."-
aen'l.Ilt of
(G) the Board or the Chairman. or
<bJ any o~ or SCJV~n~ of the Boafd.
 Rllngoon Del'eiop melll Tn"'. 149
a written document. signed in case (II) by the Chairman and in case (b) by the
said officer or servant. purporting to conveyor set fortb such approval.
sanction. permission. acceptance. declaration. opinion or satisfaction. shall be
sufficieot evidence of such approval. sanction. consent. concurrence. declara-
tion. opinion or satisfaction.

M;scrllan~us.

1'1. (I) No act or proceeding taken under this Act sbaD be quntiODed V~1idali<>a
of ~cbanct
on the ground merely of- JII"~Dp.
(a) the existence of any vacancy in. or any defect in the coastitutioa
of. the Board or any committee:; or
(6) any person having ceased to be a Trustee: ; or
(d any Trustee: ha..-ing voted or taken any other part in any pro-
ceeding in contravention of section 20; or
(d) any omission. defect or irregularity not afrettina tbe merits of
the case.

(2) Every nlecting of the Board. the minutes of the proceedings of whtch
have been duly signed in the manner prescribed. sban be taken to have been
duly convened and to be: free from all defect and irregularity.

113. (I) Where there is a disputed claim as to the ownership of any Dispuled
immoveable property inclUded in an area in respect of whicb any of the provi. owncnhip.
sions of this Act are to be applied. an enquiry may be held by sueh olf.cer as
the President of the Union may appoint for the purpose of deciding who shall
be deemed to be the owner for the purposes of this Act.
(2) Such decision shall not be subject to appeal or revision. but it shall
not operate as a bar 10 a regular suit.
(1) Such decision shall. in the event of a civil Court passing a decree
which is inconsistent therewith. be corrected. modified or rescinded in accor-
dance with such decree as soon as practicable after such decree has been
brouaht to the notice of the Board either by the civil Court or by some
person affected by such decree.

104. FOr the purposes of this Act. an officer appointed under section Power of
referee to
103 or tbc referee may. in accordance as far as possible with the provisions sumillon 0IIld
of the Code of Civil Procedure. summon and enforce the attendance of enforce the
witnesses including Ihe parties interested or any of them and compel them to :&uend2nce
of witlln.set
give evidence and produce documents. to gi\e evi-
dence alld
to rmdOCI!
6oca.nenlt.

1.5. In extending this Act 10 any area. the President of the Union shall htensiolt of
this Act to
follow the ume procedure as is prelilCribed. for the time being in force. for an, area.
including any area within tbe limits ot tbe City of Rangoon.
 1.. Rangoon DeveloptMnl Trw.

_....
EllemptiOll
from r~,i..
J". (I) Nothing in the Registration Act shall be deemed to Rquire the
lntkln 01. rc:gilltation of any document. plan or map prepared. made or sanctioned in
~rtain connection with a final scheme which has Come into force and which has Dot
doc_I
been revoked. or of any document relating to a charge fixed on any plot in
m .... connection with a final scheme:
Provided that the Board shall. in accordance with rules made under
ICCtion 95. cause a copy of any SIKh document. plan and Dlap to be sent to
the registering officer in whose jurisdiction any part of tbe immoveable
property afleeted by such scheme is situated.
(2) All sucb documents. plans and maps shall be deemed to bave been
and to be duly registered under se<:tion 17 of the Registration Act {or the
purposes of sections 48 and 49 of tbat Act. and (he registering officer shall
file a copy in his book No.1:
Provided that documents. plans and maps relating to the sanctioned
scheme shall be accessible to the public in the manner prescribed.
(3) In section 90 of the Registration Act the word .. Government" sball.
for Ibe purposes of this Act. be construed as referring both to the Govern-
ment and the Board ;
Provided that a copy of any document or map mentioned in Ihat section
and executed by' or in favow: of the Board sball be sent to the registering
officer in whose jurisdiction any part of the land affecled is situated. and sucb
copy sball be filed by the registering officer in his boot No. t :
Provided also that. subject to rules made under section 95. all such
doc'uments and maps shall be open to tbe inspection of any perlOn applying
to inspect the same. and. subject as aforenid. copies of such documents and
maps sball be given to all persoD5 applying for such copiea.
Comperuation.
Ga><nl JI7. In any case not otherwi$C Cllprenly provided tor in this Act. the

. ,-
pnrer 01
Board to
p~nl;ltion"
Board may pay reasonable compensation to any person who lustains damage
by reason of the exercise of the powers vested. by this or any other Act or
any rule thereunder. in 'he Board or the Chairman or any officer or servant
of tho Board.
Control.
Supply 01 J08. The Chairman shall forward to the President of' the Union a coPY
n:tnutel of of the nlinutes of the proceedings of each meeting of the Boatd within ten
proeeedln,.
to the days from tho date on which the minute. of the proceeding. of such meeting
PraidmL were signed in manner prescribed.

--. -.
Power of J09. The President of the Union may at any time call upon tho Board
PruideDt to to furnish him witb aDy extract from any proceedings of' the Board or of any
o;:all lor
committee constituted under this Act. or {rom any recorti under the conlto.
,- of lhe. Board. and with any statistics concerning or connected with tbe
d(". . administration of this Act. and the Board shall furnish the same: without
unreuonab1e delay.
 RangOOn D~velopment Tnut: III
U'. Tbe President of the Union may requite tbe Board 10 .ubmit- ...... "
Prcsidnt
(a) any return. stalement. estimate. staliSlics or other informatioa 10 call tor
regarding any matter under the control of tbe Board; ,,,- ""-
a report on any such matter;
(b)
(d a copy of any document in tbeir cbarge:
and the Board sbaU submit the sanle without unreasonable delay.
111. (I) If. on receipt of any report submitted or of any docwocat
furnished under section 110. the President of the Union is of opinion- ......
_ttof
"
(a) that any of the duties imposed or powers conferred 00 the Board
by lhis Act or by any other law for the time being in force bas
.... ..-
lo~:..ire
tho: Boud to

not been performed or exercised. or has been performed Or

exercised in an imperfect. inefficient or unsuitable manner; or
(b) that adequate financial provisioo has 001 been made fOl" Ute
performance of any such duty;
tbe Presidenl of the Union may. by an order in writing. direct the Board.
within a period to be specified in the order. to make arrangements to bis
satisfaction for the proper performance of the duties mentioned in clause (al.
or to make financial provision to his utisfaction for tbe Ferformance of any
such duty. as tbe case may be;
and the Board shall comply with sucb directions without unreasonable
delay.
(2l On failure ot the Board to comply with such directions within tbe
period specificd. the President of tbe Union or any peuon or persons appoin.
ted in this behalf olay. subject to the provisions of this Act. perform such
duty or exercise such power or make such provision as tbe case may be.
Dissolution oj Board.

111. The President of tbe Uoion may at any time. b)' notificlltion. Transfer cI:
the powers
declare that. as and from a date to be sl)Ccified in such notification. the Board and dulics
shall IX' dissolved and tbat until further orders to be notified in tbis behalf of the Board
to the
all the powers and duties conferred and imposed upon the Board under this R...~
Act shall be exercised and performed by the Municipal Corporation of the Corporalion
City of Rangoon. and that all assets and liabilities of tbe Board shall for the
time beina: vest in and be taken over respectively by lho said Corporation.
113. Wben all the schemes sanctioned by the Board under Ihis Act shall Declaration
have been executed or shall have been so far executed as to render the 'y""
PresideDl
continued existence of the Board in the opinion or tbe President of thc 1.1to the
dissoluOOa
Union unnecessary. the President or the Union may. by notification. declare
that the Board shall be dissolved as and from such date as may be'"specified " "'.
iloard.
therein. and the Board shall be dissolved acc::ordina1y. .
114. On the publication of a notification by the Presiden.t of the Union Di,pouI 01.
prOflC:rty_
declarina under section I t2 that the powers llnd duties of the Municipal
Corporation of Ute City or. Rangoon under the Act have ceued. or under section
......
Ihccli~
tioo of U.
152 Rangoon Vevelopfmn, Trust..
113 that the Board has been dissolved. all the immoveable property vested in
the Board under section 58 or exchanged for any such immoveable property
or purchased from the revenues of such immoveable property. together with
tbe liabilities attaching therelo. shall respectively vest in and be taken over
by the Government. and all other property belonging to the Board. together
with the liabilities attaching therelo. shall respectively vest in and be taken over
by the Municipal Corporation of the City of Rangoon.

SCHEDULE I.
(REFEnED TO IN 51::CTION )4.)

Modifications in the Land Acquisition Act.

1. In section 3.-
(I) At the end of clause (e) the following shall be deemed to be
inserted. namely :-
.. the expression local authority' includes the Board constituted
under the provisions of the Rangoon Development Trust Act".
(2) In clause (f). after the word" includes" the following words shall
be deemed to be inserted. namely :-
.. any of the purposes of the Rangoon Development Trust
Act. and ".
~. To section II. the following shall be deemed to be added. namely;-
.. and (iv) the costs which. in his opinion. should be allowed to any
person who is found to be entitled to compensation. and who is
not entitled to receive the additiona.l sum of fifteen p~r c~ntum
mentioned in 5Cction 23. sub-section (2). as having been actually
and reasonably incurred by such person in preparing his claim
and putting his case before the Collector:
Provided that the Collector may disallow. wholly or in part. costs
incurred by any person. it he considers that the claim made by
such person for compensation is extravagant ...
3. ]n section 15. for the word and figures .. and 24" the figures. word
aad letter" 24 and 24A" shall be deemed to be substituted.
.c. ]n IeCtiOR 17. sub-section (). after the fig.ll'es .. 24 .. the words.
figures and letter" or $Cction 24A .. shall be deemed to be inserted.
5. After section 17. the foHowing shall be deemed to be inserted.
namely:-
.. 17A. ]n every case rekrred to in section 16. or section 17. the
G:oUector shall. upon payment of the cost of acquIsItion.
make over cbarge ot the land to the Board ; and tbe land'ihall
 Rangoon Development t'II". 153

thereupon ..est in the Board. subject to the liability of tbe

Board to pay aoy further costs which may be incurred on
account of its acquisition."
6. At the end of sub-section (I) of section 18. the words. .. or the
amount of the costs allowed" shall be deemed to be inserted.

7. After the words" amount of compensation" in clause (c) of section

19. the words" and of costs (it any)" shall be deemed to be inserted.

8 After the words" amount of compensation" in clause (c) of section 20.

the words" or costs" shall be deemed to be inserted.
,. (J) In sub-section (2) of section 23. after the words "in every case"
the following shall be deemed to be inserted. namely :-
.. except where the land acquired is comprised. in a scheme which has
been sanctioned by the President of the Union and published
under section 38 of the Rangoon Development Trust Act."
(2) At the end of section 23. the following shall be deemed to be added.
namely:_
.. (J) For the purposes of clause (iTS' of sub-section (I) of Ihis section:
(a) the market value of any land in any area comprised in a
scheme published under section 38 of the Rangoon
Development Trust Act. and acquired for the purposes of
such scheme, shall be deemed to be the market value Df
the land at the date of the resolution under sub-section (J)
of section 3B of the Rangoon Development Trust Act, if
such land is acquired within three years from such date. or
on the date of acquisition if such acquisition takes place
more than three years after the date of such resolulion :
(b) if it be shown that, before the date of such resolution. the
owner of the land had taken active steps and incurred
expenditure to secure a more profitable disposition of the
same. further compensation, not exceeding in amount the
said expendilure. may be paid to him:
(e) if the market value is especially high in consequence of tbe
land being put to a usc which is unlawful or contrary to
public policy. that usc sball be disregarded. and the market
value shall be deemed to be the market value of the land if
put to ordinary uses:
(d) if the market value of any building is specially high in
consequence or tbe building being so over<rowded as to be
dangerous to the health of the inmates. such over<rowding
shall be disregarded. and the market value shall be deemed
to be the marht value of the building if occupied by such
number of persons only as could be accommodated in it
without risk of danger from over-crowdiDa"
154 1f.angoon Development Trllll.

10. For clau'!"c uventhly of SectiOD 24 the following shall be deemed to

be lubstituted. namely : -
"uventhly. any outlay on additions or improve menta: to land or
buildings comprised in. and acquired for the purposes of.
any scheme sanctioned by the President of the Union and
published under section 38 of the Rangoon Development Trust
Act. which was incurred after the date of the resolution under
section 38. subsection (I). of the Rangoon Development Trust
Act. unless such additions or improvements were necessary for
the maintenance of any building in a proper state of repair."

11 After scctioa 24. the following shall be deemed to be inserted.

namely:-
!4A In determining the amount of compensation to be awarded
for any land acquired for the Board for the purposes of the
Rangoon Development Trust Act. the Court shall also have
regard to the following provisions. namely : -
(I) When any interest in any land acquired for the purposes of
the said Act bas been acquired after the date of the
resolution under section 38. sub-section (f). of 1m: said Act.
no separate estimate of the value of such interest shall be
made 50 as to increase the amount of compensation to be
paid for such land.
(2) If. in the opinion of the Court. any building is in a defective
state: from a sanitary point of view. or is not in a reasonably
good state of repair. the amount of compensation shall not
exceed the sum which the Court considers the building
would be worth if it were put into a sanitary condition or
into a reasonably good state of repair. as the case may be.
minus the estimated cost of putting it into such condition
or state.
(3) If. ita the opi.nion of the Court. any building which is used or
is intende!! or is likely to be used for human habitation. or
human occupation for any purpose whatever. is not
reasonably capable of being made 6t for such human
habitation or occupation. the amount of compensation shall
not exceed the value of the materials of the building minus
the cost of. demolishing the building."

12. (I) After the words "the compensation" in lub-section (J) of section
31. and after the wards "the amount of the compensation" in sub-section (2)
of tha.t section. the words "and costs (if any)" shall be deemed to be inserted.
(2) After the words "any compensation" in the concluding proviso to
lub-section (2) of section 31. the words "or COlts" lhall be deemed to "
UItetIod.
 Rangoon Deve'opment Trust~ 155

SCHEDULE II.

(REPERRED TO IN SECtION 35.)

Loans raised by the Mimic/pal Committee of Rdngoon for ,he P'4rposes of 1M

Town Lands Rlamdlion Fund.

(a) A loan of six lakhs of rupees. bearing interest at 4j per cenlum per
annum. raised in 1902 and repayable after a currency of tweoty
yean;
(b) a loan of fiv(' lakhs of rupees. bearing interest at 41 per cenl"m pe,
annum. raised in 1902 and repayable aHer a cwnDCy of twenty.
five yean:
k) a loan of five lakhs of rupees. bearinc interest at 4+ per cent"m per
annum. raised in 1902 and repayable after a cunency of thirty
years;
Cd) a loan of two laUs of ru~. bearing interett at 41 per c~ntum pe'
annum. raised in 1904 and repayable afkr a clltrency of thirty.five
years :
(e) a loan of twenty-seven and a half lakhs of rupees. bearing interest
at four per centum per annum. raised in 1908 and repayable afler
a currency of twenty-five years; and
(I> a loan of fiHccn lakhs of rupees. bearing interest at four per centum
per annum. raised in 1910 ~d repayable after a currency of
twenty-five years.

THE BURMA DAYLIGUT SAVING ACT.

(BUR.MA Acr XXX. 1945.] (28th November 1945.)

WHEREAS it is expedient in the interest of public heallh and welfare

that pro\'isions should be made to enable tbe time for general purposes to be
advanced periodically by an hour;

It is hereby enacted as tollows :-
1. This Act may be called the Burma Daylight Saving Act. 1945.
2. The President of the Union may. by notification in the Burma
Gozette. order that. for tbe duration oC a term specified tberein. the time for
aeneral purposes shall be one hour in advance of the Burma Standard Time.
3. Whenever any reference to a point of time occurs in aDy enaelmenl.
order. regulation. rule. by-law. deed. nolice or any other document. the time
referred to shall. during the period specified under section 2. be deemed to
be the lime for general purposes.
~bJiJbed io j-~di_iolI Dep;rlment Nolic.ation No. 69. dated the llith Nouu-bel' 1915
(B.." .... C~tle. I94S. T'a.ot I. p3.le 42).
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 B.-EDUCATION.

~, '2:l"'''l''
THE PRIMARY EDUCATION ACT.
[BURMA ACT XX. 1940.] (1st December. 194\.)
I. This Act shall come into force on such date I as the President of the
Union may. by notification. direct.
.DcfinIUOll 2. In tbis Act. unless there is anythin& repugnant in the subject or
context._
( i) "local authority", in relation to a school. means the District
Council or Municipal or Town Committee constituted under the
Municipal Act. or the Municipal Corporation of the City of
Rangoon. as the case may be. having authority over tlie area in
which tbe school is or is proposed to be situated. and. where
tbere is no such authority. the Deputy Commissioner having
authority o...cr such area:
(ii) .. child" means a boy o~ girl. who hu completed not leu than six
yean and 1101 more than eleven years of age. al the beginning of
the school year in the area concerned;
, noia Act nU'Ie into fora: 011. tbe ht December. 1941; I B.'.... G.tefle. t94I, Put I. paa;e
1579.
 Primary Educa'ion. 183
(iii) "guardian" means any person to whom the care. nurture or
custody of a child falls by law or natural rigbt or recognized
usage. or who has accepted or assumed the care. nurture or
custody of a child. o~ to whom the care or cuStody of a child
has been entrusted by lawful authority;
(iv) "primary education" means education in such subjects and up to
such standards as are prescribed' , , , ;1
(v) "pre!ICribed" means prescribed by the rules made by tbe President
of the Union for the purposes of this Act;
(vi) "approved school" means a school or part of a school in whicb
primary education is given and which is either--
(a) recognized under the (rules for the time being in force].' or
(b) approved by a local authority in ac:cordance with the rules
made under this Act..

3. A local authority may resolve to provide compulsory primaryeduca- Rnot"tioa

tion in the whole or in any part of the arQ subj:t to its jurisdiction. in the by 1oc.11
autbority.
case of children of either sex or both sexes. prepare II scheme therefor. and
apply to tbe Preiident of the Union for a declaration under section 6.

C. An application by the local authority under Retion 3 shall be made in Application

the prescribed manner and the local authority shall furnish such further bJlouI
auUunity.
information in respect of tbe application as may be required by the President
of the Union.'
5. The President of the Union may dir~t a local authority 10 submit. Nolir.c:ation
within the time specified by him. a scheme to provide compulsory primary ,d~~larinl/;
education in the whole or any part of the area subject to its jurisdiction. in :::~~kn'
the case of children of either sex or both sexes. with a stlltement of its finances cDlnpu''''''y.
and the ways and means of meeting its share of the cost of carrying out the
scheme.
,. The President of the Union may. after the submission to him of a Noti6catioa
scheme under the provisions of section 3 or section 5 or of section 9. declare d"c1aring
primary
by notification that primary education shall be compulsory in the whole or in "duc:.lion
any part of the area subject to tbe jurisdiction of a local authority. in the calC cOlTplllllory.
of children of either sex or of both sexes.
Such notification shall specify the date from which and the area in which
primary education shall be compulsory. and public notice shall be given of
the notification locally in the area concerned:
Provided that no such notification shall be issued unless the President of
the Union is satisfied that the local authority is ill a position to meet its share
of the cost of carrying .out the scheme.

I Omitt"d by tbe Union d Burma (Ad:.pblioaof Law.) Ore, 194t.

I Subltituled iWd.
 184 Primary Educatldn.
Di.. ilon of 7. When a declaration has been made under section 6. the Government
fi.":lrlci~1 ra-
ponlibility. shall bear not less than a quarter of the additional recurring and non-recurring
annual cost that has to be incllrred in carrying out the scheme. if the local
authority is a Municipal or Town Committee or the Municipal Corporation of
the City of Rangoon. not Ius than onethird of the said cost i( the local
authority is a District Council. and the whole of the said cost if the local
authority is a Deputy Commissioner.

$<h<>01 8. (1) When a notification has been issued under section 6. the local
~J1.ittcn.:
authority sball appoint one or more commillees for the purpose of exercising
the powers and performing the duties of the school committee under this Act.
(2) It shall be the duty of such school committee. subject to the provi-
sions of this Act. to take action under the provisions of this Act respecting
the altendance of children at school and the employment of children.

Compll'lion ,. l( a local authority fails to comply with a direction isuc:d to it

10Iullo._;1
Inc, Khe1ne under section 5. or if it fails to bring into operation or continue to keep in
or to keep it operation a scheme in regard to whicb a notification has been issued under
In operalion.
section 6. thc President of the Union may. after cnquiry. appoint a person to
submit a scheme to bring the scheme into operation or (0 keep it in operation.
as the case may be. and the expense thereof shall he paid by the local authority
to Government. If the expense is not so paid the President of the Union
may make an order directing any person who has. for the time being. custody
of any moneys on behalf of the local authorilY as bankcr or otherwise to pay
such expense (rom sucb money as he may have in his bands, or may from
time to lime receive. and sucb person shall be bound to obey such order.
Applkottion 1. A local authority may apply to the President of the Union to cancel
lor ancelb-
lion of noli- the notification under section 6. i( at any time it finds itself no longer
Jitallon. in a position to carry out itl obligations under this Act.
Daly of a 11. When a notification under section 6 is in force in any arca. the
e-diao.
guardian of every child to whom the notification applies shall. if )uch child
ordinarily resides in such area. in the absence of a reasonable excuse llS here_
inafter defined. cause sucb child to attend an approved school.
RUlo,,:r.ble 12. Any of the foUowin. cir<.:umstances sh..l1 be deemed to be a reaion-
elculCi.
able excuse within the meaning of sections II and 14:-
(i) that there is no accommodation in an approved school within a
prescribed distance from Ihe residence of the child;
(ii) that the child has been exempted by the school committee on
religious grounds;
(iil) that the child i. receiving otherwise than in an approved scbool
instruction which in the opinion of the S1CbooJ committee il
efficient;
fiv) that tbe child is certified by such authority as may be prescribed in
thil behalf to have completed a course of primary ed:lJCatioD ;
 PrinttJTY EduCtJliori.

(v) that the child ha. been granted temporary leave of absence hom
school. in accordance with regulation. made under this A<:t by
the local authority;
(vi) that the child is certified by registered medical practitioner or by
a Burmese ;s~saya or by tbree elders of the locality concerned to
be unfit to attend school by reason of some bodily or mental
ddect or infirmity;
(vii) that the child has. with the consent of the prescribed authority.
been exempted by the school committee for special reasons
recorded by it in writing.

13. If the school committee is satisfied that a guardian. who is bound Djr~ctio!l 10
under the pro\isions of section II to ,cause a child to attend an approved tau", a thild

""....
to att~lld
school. has failed to do so. it may. after giving the guardian an opportunity of
being heard. and after such inquiry as it considers necessary. serve him with
an order directin$ him 10 cause such child to attend an approved school from
a date which shall be specified in the order.

14. (J) Any guardian who has been served with an order under section Punlshmc..1
13. and who without reasonable ucu,;e has failed to obey such order. shall. on of guardia"
<:on... iclion before a Magistrate or a village <:ommiucc. be liable to fine not 'obcdicrec.
01' di...
exceeding five rupees.
(2) Any guardian who. having been convicted of an offence under
rub-section (J). continues to disobey the I;lrder passed under section 13 shall be
liable to a further line not uc.ccdinl one rupee for every day after the date of
the first con\'iction during which he is proved in a subsequent procecdinl
before a Magistrate or a village committee to have persisted in wlObeyina tbe
order.

IS. Any pcrson other than the auardian who. durina the prescribed Punlshlnetll
hours of attendance at school. utilizes on his own behalf OE on behalf of any ,or in proper
c:n,pioyrncnt.
other person. in connection with any employment. whelher for remuneration
or otherwi.e. the scnices of any child whose luardian is required under this
Act to cause him 10 attend an approved school shall. on conviction before a
Magis,rate. be liable to a fine not exceeding twenty-five rupees

16. (J) No Magistrate or village cOOlmittee .halltakc cognizance or an Complainll.

offence under section 14 or section t5 except on the complaint of the school
committee concerned or a pcrson authorized by Ihe school committee by
general or special order in this behalf: provided that the school committee or
such pcrson shall. before instituting a proKCutioD again't any pelion. caUltl a
warning to be aiven to him in writina
C1} The 5I.:hool committee or such person may. instead of inStituting or
conlinuing a pr~cution for an offence. compound the same on tbe payment by
tbe penon accused of such sum as it deems proper. not ex<:ecding the amouat
of the fine with wbicb Iuc:h offence is pwWhable under this Act,
 186 Primary Education.
Fine. ;and 17. AU sums realized on conviction or by way of composition under the
IlInd for
COO"pullOl"J provisions of this Act shall be credited to the local authority's fund for com-
educ;atlon. pulsoryeducation.

Public
tcr,;an~.
I'. Every member. officer or servant of a school committee. or any
person authorized by a school committee to perform any d'uty under this Act.
shall be deemed to be a public servant within the meaning of section 21 of the
Penal Code.

Power of 19. The President of the Union may. by notification. exenlpt any person
ucn-ptiun. or class of persons from the effect of a notification under section 6.

CCmpullor)' 11. No fee for primary education shall be charged in respect of any
ed~lion
to be free. child compulsorily attending an arproved school within an area in which a
noti6cation under section 6 is in force.

Power to 11. (I) The President of the Union may. after previous publication.
make nales. make rules 1 for carrying out the purposes of this Act.
(2) In particular. and without prejudice to the generality of the power
conferred by sub-section (n. the President of the Union may Dlake rulu-
(a) prescribing the authorities mentioned in dauses (iv) and (vii) of
section 12:
(b) prescribing under clause (iv) of section 2 the standard of instruc_
tion in primary schools :
(e) prescribing the manner in which application may be made by the
local authority under sections 3 and 10 and the particulars to be
stated in such application;
(d) requiring the local authority to prepare and publish a register of
children in the whole or in any part of the local authority's area;
(d defining the conditions on which Government will bear its share
of the cost of providing compulsory primary education:
(f) requiring the local authority 10 submit such returns as the President
of the Union may think f1.t showing the action taken and the
progress made by the local authority under this Act; and
(g) laying down the conditions of and the qualifications for the
appointment of teachers with due regard to the educational
needs of different communities in every locality.

Power to 2.1. When a notification under section 6 is in force in any area the local
make reeu- authority may make regulations for such area consistent with this Act.
lliionl.
prescribing-
(a) tbe manner in which the school committee shall be constituted. its
jurisdiclion. the nun\ber of its members and their duties. powers
and responsibilities;
 Prinuiry EduCIl.ion. 117

(b) tbe steps which tbe school committee may take to sec:ure the
attendanc:e of c:hildren at school. and the conditions under
whic:b leave of absence {ronl school may be allowed:
(d the jurisdiction of each scbool c:ommittu where more school
c:ommittus than one arc appointed: and
(d) the supply of text-books and edutational requi;iitel to tbe children
of indigent or needy guardians free of c:huge.

THE PRIMARY EDUCATION (TEMPORARY AMENDMENT)

ACf, 19!it.

[ACT XXI. 1950.] (9th May. 1950.)

It is hereby enatted as follows :_

I. (I) This Att shall c:ome into force on suth date I as the President
may, by notific:ation. appoint in this behalf.
(2) It shall remain in force until suc:h date as the President may.
by notific:ation. direct that it shall no longer be in force.
Z. So long as this Act remains in force. the Primary Edutation Act
shall have effect as if :_
(i) fOF c:lause (i) of section 2 thereof the following were $ubstitu'ed.
namely:_
.. (i) - the authority - in relation to a school means the
Director of Public: Instructioo. Burma. or his lotal official
representalive. the lospector of SC:hools in c:har&e of the
area. except in the City of Rangoon. where the Munic:ipal
Corporation of tbe City of Rangoon shaJl be the
authority: " :
(ii) lor the expression" A lotal authority" or .. a lotal authority"
or .. the local authority" as the case may be wherever it
oteurs the expression" The Authority" or .. thc authority"
as the case may be were ,ubstitllted :
(iii) in scction 5 thereot the comma ( ) alltF the worda .. both
sexes" and the words following thereafter were dele.ed:
(iv) in the proviso to section 6 thereof afltF the words" is satisfied
that" the words" in the City of Rangoon" were inserted;
(v) lor sec::tion 7 thereof the following were $ubstitu'ed. namely:-
.. 7. When a declaration has been m,ade under section 6. the Fin.:l.nci:01
Government shall bear all expenses. except that in tbe City " -
of Rangoon. it shall bear not less than a quarter or the ability.
additional recurring and non.recurring annual cost that bu
to be incurred in carrying out the schcmc"- :

I Thill Ad fOJIme mto fon:c on the 9th May J950; lee ,;",,.. Gad/ J95O, Part J, ~ JD.
 188 Primary Education (Temporary Aml'Mmem).

(vi) lor section 8 thereof the following were lubltiluted. namely:_

S,,~tvi_s .. 8. (I) Wben a notification bas been issued under se<:tion 6. the
and School authority shall appoint lupervisors or one or more
Committen.
Cornnlittees for the purpose of exercising the powers and
performing the duties of tbe supervisors or the school
committees under this Act.
(2) It shall be the duty of such lupervisors or school committee.
subject to the provision of this Act. to take action under
the provisions of this Act respting the attendance of
children at school and the eroployment of children.":
(vii) in section 9 thereof lor the expression" If a local authority"
the expression" If. in the case of the City of Rangoon. the
authority" were nlbltitut~d :
(viii) in clauses (m and (iii) of section 12 thereof lor the expression
.. school committee" the expression "supenison or the
school committee" were substituted and in clause (vii) thereof
for the expression" scbool committee for special reasons
recorded by it in writing" the expression" supervisors or the
school committee for specilll reasons recorded by them in
writing" were substituted;

(ix) lor section 13 thereof the following \Vere subsli;uttd. namely :_

Dlreclion to .. 13. If the supervisors or lhe school committee are satisfied
ce ....e a child that a guardain who is bound under the provisions of
10 atleDd
scbool. section II to cause a child to attend an approved school.
has failed 10 do so. they may. after giving the guardian an
opportunity of being heard. and after such inquiry as they
consider necessary. serve him with an order directing him
to cause luch child to attend an approved school from a
date which Ihall be specified in tbe order.":

(x) lor ,"tion 16 thereof tbe followin. were substiluted. namely~_

CopmlalulS. .. 16. (I) No magistrate or village committee shall take
cognizance of an offence under section 14 or section 15
ex.cept on the complaint of Ihe supervisor or the school
committee conceroed or a person authorized by tbe school
committee by general or special order in thil behalf:
provided that the supervisor. school commiuee or such
person shall. berOte inltituting prosecution against any
person. cause a warning to be Jiven to him in writing.
(2) The supervisor or tbe scbool committee or such person may.
instead of instituting or continuing a prosecution for an
offence. compound the same on the payment by tbe person
accused of such sum as the)' deem proper. not eXceeding
the amount of tbe fine ",,-ilb wbich such offence is
punishable Jader thi, Act."
 . Primary Education(TempoTaTY Amendment). 189

(xi) for section 17. thereof the following were substituted. namely:_
17. All sums realized on conviction or by way of composilion Hncs and
fund for
under the provisions of this Act shall be credited to the compul.ol'}'
Government Ilnd in the case of the City of Rangoon to educatiull.
the Municipal Corporation of the City of Rangoon," :
(xii) in section 18 thereof fOT the expression .. Every member.
officer or servant of a school committee" the expression
.. Every supervisor and member. officer or servant of a school
committee .. were substituted:
(xiii) in clause (b) of section 22 thereof for the words... scbool
committee .. the words" supervisors or the school committee ..
were substituted.

THE UNIVERSITY OF RANGOON ACT

CONTENTS.

Sections.
I. *Definitions. * *
2.
3. Incorporation of University.
Powers and duties of the University.
5. University to be open to e\'ery race. creed or class.
6. Inspection.
7. Authorities of the University.
8. ChanceUor and Pro-Cbancellor.
9. Vice-Chancellor.
10. ProVice-Chancellor
II. Composition of the Council.
12. Powers of the Council.
12"'. Meetings of the Council.
13. *
". Composition of the Senate.
15. Powers of tbe Senate.
16.
17.
18. * *
19. Affiliated Colleges to be controlled by OOYefDincBodies.
20. *
21. AdmisaioD of skM&eDIi lo University.
 t90 University of Rangoon.
Sections.
22---.24.
25. Pension and provident funds.
26.
27. Honorary Degrees.
28 Withdrawal of Degrees.
29. Validation of acts and proceedings.
30.. '" ill
31. Faculties of the University.
32. neans of Faculties.
33. Defence Services Academy.

THE UNIVERSITY OF RANGOON ACT.

[BUUlA Acr IX. 1920.] (1st July. 1924.) I
L. ill

Odi...ilion... 2. In this Act. unless there is anything repugnant in the subject or

context._
('I) .. affiliated College" means a College situated outside the limits
of the University and admitled to the privileges of affiliation
with the University under conditions prescribed in this behalf;
t(b) ill '"
(c) .. Council .. means the Council of the University;
t(d) '" '"
(e) .. graduate" means a person upon whom has been conferred a
degree under the Regulations;
U) .. limits of the University" means the territory within a radiu~ of
fifteen miles from the Shwedagon Pagoda;
19) .. professor" means a person appointed to be a professor of the
University in accordance with the provisions of this Act:
(II) .. reader" means a person appointed to be a reader of tbe Uni
versity in accordance with the provisions of this Act. the
Statutes and Regulations:
(j) .. registered graduate" means a graduate registered under the
provisions of the Statutes:
(j) .. RoO.I.tio", .. mom tho RoO",,'on. of tho Un'v",il, o"o'n.lly
made under section 31.1 sub-section (J), of this Act as
subsequently amended from time to time by tbe Senate and
I Tbc Un!vf:fIit, 01 RuCoon IAmet>dmmll Ad, 1924 (80uma Ad III, 192.j. COlmC IAto fOC'U
oa Itl.Jaly, 1924 (see 811",,_ Gout/c, 1924, Part J, JXlCI' 5101.
~ Unlvc'llUyof Rana;oon Act was nlcl\f;lve)7 amcnded by Hurma Ad XIII of 19)9, which
came inloforee on Ihe 15th July.19]9lS<~ Notilication Xo. 3'1, 8..,... C"If/lf, d"t"d 2nd 'un.. ,
19:9). This IIMndinC Acl, i"h,. <Ilia. omlttcd Ib., long till." all lid., till" and Ib= p"':lInbl., tQ
tb.. Unh'enlly 01 Rangoon Ad (Burma Ad IX, 1920), bul fr"h .ide_lilles hal"" been InHrtcd by
Ib' Editor.
I Del.,ted b)' AcIIX, 19~9.
, Oricina! ICCtioa 31 W&I repctoled by Danna Aqi XUI. 1m,
 Univ~TSit., of RQllgoon. 191
such amendments and additiOQs as may be made by tbe Senate
under this Act;
(l) .. rules" means the rules made under $eCtiOQ 19 [or IeCtion 33} 1 ;
(I) .. Senate" means the Senate of the University;
'(nd
(n) .. Statutes" means the Statutes of the University originally act
forth in SChedule I of this Act as subsequently amended from
time to time by the Council and such further additions and
amendments as may be made by the Council under this Act;
(o) .. University" means the University of Rangoon;
(p) .. Ocan .. means a professor appointed to be a Ocan of a Faculty
of the University in accordance with the provisions of this Act;
II (q) .. Rector"3 means the Rector I of the University of Rangoon
appointed under this Act.
3. (I) The first Chancellor. Pro-Chancellor and Vice-Chancellor of the Incorpor-a-
University and the first members of the Council and the Senate and all persons lion 01
l'nivcn1ty.
who may herearter become such officers or nlembers. so long as they continue
to hold such office or membership. are hereby constituted a body corporate by
tbe name of Ihe University of! Rangoon.
(Z) The University shall have perpetual succession and a common seal.
and may sue and be sued by tbe name of the University of Rangoon.

4. The University shall exercise the following powers and shall perform Powe.. and
the following duties. namely :_ datics of !be
Unlver'lity.
(Q) to provide for instruction in such branches or learning as it may
think fit. and '[to train scholars. Ipccialists and technicians in all
tieldJ of human activities. having regard to tbe socio-eeonomic
needs of tbe country;]
lIr(aa) to make provision for researcb and for tbe advancement and
dissemination of knowledge;
(b) to bold examinations and to confer and grant degrees. diplomu.
licences. certificatc$ and other academic distinctions;
(e) to appoint Deans. 2professors. readers. lecturers. Itcachera
[and sucb administrative officers) 2 as may be required ;
(d) to in,titute and grant scbolarships. exhibitions. prizes and other
academic rewards;
(e) to found. erect. equip and maintain libraries. laboratories. museumt
and otber institutions subsidiary to its purpose :
(f) 10 co-operate with other Univer.ities and authorities. in such manner
and tor such purposes as it may determine:

1 InlUted by Act XXXVII,195J.

~ InMrted by Ad IX. 1949.
~ SI1t.titlited for the word" Aet.inidnltor" by Ad XLII,1951 .
Substiluted by Atl XLII. 195'
Inserted 1/II1II.
I Dde~ loy Ad lX. 19U.
'92 Univnsity of RJmg<1Oll.

(g) to supenise and control the residence and discipline or students

and to make lIrnngcments for promoting their heallh ;
(h) to demand and receive such fees as may be prescribed by the:
Regulations:
(i) 10 receive grants from Government subject to such conditions as
may be prescribed by Government. and to receive bequests,
donations and transfers or movable and immovable properties
. subj:t 10 such conditions as may be prescribed by the testators.
donors or transferors. as the case may be: and
ill 10 do all such other acts and things as may be requisite in order to
further the ob}ectJ of the University.

5. The University shan be open to aU personl or either sc'" and of what-

ever nee. creed or class. and it shall not be lawfw. for the University to adopt.
or impose on any persoD. any lest whatsoever of religious belief or profession.
Dr allY condition as to race. in ordef to entide him to be admitted to the
University as a teacher or student. or to hold any office in the University. or
to be qualified for a degree. diploma. licence. certificate or other academic
distinction. or 10 obfain a scholarship. prize or other academic reward. or to
enjoy or exercise any other privilege of the University. except where such test
or condition is in respect of any particular benefaction accepted by the Univer-
sity and such test or condition is made a condition thereof by any testamentary
or other Instrument creating such benefaction.

6. (1) The [President of the Union of Burma]l shall have the right to
cause an inspection to be made by such penon or persons (as be maydirect)l of
the Univertity. ill' et affiliated Colleges Or of any institution managed
by tbe University. of their buildings. laboratories. workshops and equipment.
and also of tbe examinations. teaChing and other worle conducted or done by
or iJl. the University or the said Colleges or institutions. and to cause an inquiry
to be made in lilce manner in respect of any matter connected with the 1:1niver-
sity or witb the said Colleges or institutions. The .(President of the Union
of Burma]l shall in every case give notice to the University. et (of
his intention)! to cause an inspection or inquiry to be made. and tbe University
shall be entitled to be represented tbereat.
1(2) The President of: the Union of Burma sball comnlUnicale to the
Council his views with reference to the results of any such inspection or
inquiry. and shall. after ascertaining the opinion of the Council thereon.
advilO the University upon the action to be taleen.
(3) (The Council]l shan report to the [President of the Union of Burma]!
the action. if any. which i, proposed to be talcen upon the resulls of the
inspection or inquirY.

, Sat.lIIlllcd b7 Act IX. 1'f'W,
t l.Icll:t~ iWoi&.
 U1ti\l~"it, of Rangoon. 193

1(4) Where the Council do not. within a" rusonable time take action to
the satisfaction of Ihe President of the Union of Burma. he may. after con-
sidering any explanation furnished or represenlation made by the Council.
i~ue such directions as he thinks fit. and the Council shall comply with those
directions.
(5) The [Pre!ident of the Union of Burma]1 may. in cases of emergency.
on the recommendation of the visitor appointed under lub-section (I). issue
'orders to the University or to the Governing Body of. .1 affiliated
College to stay action on any particular matter within tbe purview of the visita-
tion pending [the]t decision on his report.

7. The following shall be the Authorities of the University:- Alltharitic:s

(a) the Council. "'tho
UDinnity.
(b) the Senate.
~c)
I(d)
I. 1(1) The Prime Minister of the Union of Burma shall be the Chancellor
of the University..
(2) The Minister of Education * I shall be the Pro-Chanc:ellor
of the Uni \'eraity and shall exercise the functions of the Chancellor whenever
the laUer is absent or unable to act.
() The Chancellor or the Pro-Chancellor may address any Dteeli.us: of
the Councilor the Senate.

t. 0) The Vice-Chancellor shall be elected by the Council frolll amongst v~

persons dislinguished for their intellectual and scholarly attainments who lIIay Chancellor.
or may not be members ot the Councilor of the Senate. He shan hold office
Cor three years and shall be paid such salary [or allowance)' as may be pre-
scribed by the Council.
(2) The Vice-Chancellor shall be the chief executive officer ot the Univer
.ity. and the Chairman of the Council [and tho Senate]!.
'(3)
(4) Notwithstanding anything contained in lubsection (J). the Vice-
Chancellor Ihall vacate his office if he is absent (rom Rangoon. or is unable
to carryon his duties. for a period exceeding four months.

10. (I) The Chancellor may. during any absence ot the Vice-Chancellor ....o-\'i~
from Rangoon. or his inability to carr)' on his duties. appoint lOme other Chancellor.
member of the Council to be Pro-Vice-Chancellor.
(2) The Pro-Vice-Chancellor shall exercise tho powerl conferred. and
perform the duties imposed. by this Act. the Statutes and tho Reguilltioni. OD
the ViceChancellor.

Sub.muted by Att IX. 1949.

O<::lded IUd.
'nauted by Ad XLII. 1951
13
 194 Uni"'"sity 01 Rangoon.
Comp05ltioa 11. 1(1) The Council shall be composed of_
of'ho (a) the ViceCbancellor ;
CoIIndl.
(b) the Director of Public Instruction ;
(c) the [Rectorr ;
(d) the Heads of affiliated Colleges;
(el the Deans of Faculties;
(}) three members of the Senate elected by the Senate;
~lg) one member. not being a member of the University staff or a
student in the University. for every 100 registered graduates of
the University elected from amone themselves by such gradu-
ates; provided that the tolal number of members 50 elected shall
not be less than three or more than five;
(h) one member elected by each of the following bodies :_
The Bar Council of the High Court. Rangoon:
The Burma Medical Council:
The Public Service Conlmission :
(j) one member [elected by the Municipal Corporation of the City
of Rangoonr :
(j) three members elected by the Chamber of nc;puties and three
members by the Chamber of Nationalities:
t(k) two graduates. not being members of the University staff or stu-
dents in the University. nominated by the E",ecutive Council of
the Rangoon University Students' Union. Such members shall
bold office for a period of one year and shall be eligible for
re.appointment :
(I) one member. (not being a member of the University staff or a
student in the University.]1 elected by the All-Burma Teachers'
Association :
'(m) three members. not being members of 1he University staff or stu-
dents in the University, appointed by the Chancellor;
'(") two Secretaries to the Government in each of the Ministries of
Education and Finance; and
'(0) one representative of the Governing Body of tbe University
College. Mandalay.
(l) Members of the Council shall be designated Fellows of the University.
(J) Members, other tban members exQlficio [and tbose under clause (k)
of subsection {J).]I shall hold office for a period of three years and shall be
eligible for re-appointment or re-election:
Provided that elected members shall be deemed to vacate their offices as
members of the Council wben tbey cease to be members of the bodies by
which tbey were elected :
Provided also that any member wbo bas been sentenced to imprisonment
for not less tban six montbs for an offence involving moral turpitude. or wbo

1 Subsmut~ by Act IX, 1949.

I Subdilvted by Att XLII, 1951.
I IllIC!"led ibid.
 Unh'~,s;ty of Rangoon. 195

is an undischarged insolvent. or who is declared to be of unsound mind by a

competent Court. shall cease to be a member of the Council; and any person
subject to such disqualifications sball not be elected or nominated u member
of the Council.
1(4) " " " "
12. (I) The Council shall be the Supreme Governing Bodyof the Univer Powers of
sity and shall have power to re'liew the action of other authorities of tbe tbe ColmeiL
University and shall act in the name of the Uni'iersity in all matters not otber.
wise pro'lided for and shall exercise all powers necessary for givins effect to
the pro'lisions of this Act:
Provided that-
(a) in the event of the Council disagreeing with any decision ot the
Senate in regard to any matter which the Senate has power to
decide under the provisions of this Act. the Council sball be
empowered to ask the Senate to reconsider its decision:
(b) in the event of the Senate. after reconsideration. refusing to alter
its decision. the matter in dispute shall be referred to a joint
committee consisting of five members of the Council nominated
by the Council and five members of the Senate nominated by
the Senate:
(el in the nent of tbe joint committee being unable to arrive at a
decision. the matter in dispute shall be referred to the Chancellor
whose decision shall be final:
(d) in the event of the Council disagreeing with any decision of the
Governing Body of" " .1 affiliated College in regud to any
matter which is within tbe statutory competence of the latter.
the Council may require the said Governing Body to reconsider
iu decision within a reasonable time to be specified by the
Council; and in the event of tbe GO'ierning Body refusing to
aller its decision. ,he Council sball issue such directions as it
D1ay think fit. and the Governing Body shall comply with such
directions: pro'lided that such directions are supported by three-
fiftbs majority of the members present at the meeting oC the
Council.
(1) In particular. the Council shall have tbe following p,?wers [and shall
perform the following duties.]!1 namely_
(a) to provide for instruction in luch branches of learning as it may
think fit and to make provision for research and for the advance
ment and dissemination of knowledge;
(b) to institute professorships. readerships. lceturcrships. and any other
teaching posts required by the University and [to appoint the
(Re<:tor.P andJl to appro'le the appointment of persons to such
teaching posts ;
Ddded by Ad IX. 1949.
IlIMrled Wid.
Subsliluted b. Ad XLIT. 105t.
196 &nivllrsiry of Rangoon.

(c1 to institute and grant scholarships. eXhibitions. prizes and otber

academic rewards:
(d) 10 provide for such lectures and instruction for students of affiliated
Colleges as it may determine and also 10 provide for lectures
and instruction 10 persons not being students of the University;
(II) to affiliate Colleges oUlside the limits of the University which it
has reason to believe will become or be transferred to new
Universities: and to disaffiliate any College so affiliated and to
withdraw all privileges therefrom:
Provided that no College shall -be affiliated until and unless an
examination into iu financial and academic slalus has been
made jointly by representatives or the Council and the Senate
. and. after considering the recommendation of Ihe Senate to the
Council as to the fitness of the College for affiliation from the
academic point of view. the Council decides in favour of affilia-
tion subject. if the Council think fit, to the decision of the
Chancellor;
I (j)
(g) to recognize hostels not maintdined by the University, and to
withdraw recognilion therefrom:
(h) to sup=rvise and control the residence and discipline of the
s~udents of the University and to make arrangements for promo-
ting their health and genECal welfare:
(i) to provide for the inspection at Colleges and hostels and to call
for any report. return or other information from any * * :$ 1
affiliated College for submission within such reasonable time as
the Council may prescribe;
(il to found. erect, equip and maintain libraries. laboratories.
museums and any other institutions subsidiary to the purposes
of the University;
(k) to prescribe fees and to fix the amounts thereof;
(I) to entcr into any agreement for assuming the management of any
institution and for taking over all ils properties and liabilities
and for any other purpose not repugnant to the provisions of
this Act;
(m) to co-operate with other Universities and authorities in sUch
manner and for such purposes as it m'\Y determine:
(n) to consider and pass resolutions on the annual report, the llnnual
accounts and financial estimates;
(Q) to regulate by Statutes the method of election to. and the procedure
tit meetings of. the several authorities of the University and tbe
transaction of business by them: .
(p) to del:gate any or its powers to sue::h authority or authorities as it
may deem fit;

I Dekled by Act IX, 194'),

 lJniv~rsj/y of Rangoon. 191
(q) to make Statutes subject to the provisions of this Act. and to
amend or" repeal the same;
1 (r) to hold. control. and administer the properties and funds of the
University;
1 (J'l to direct the form. custody anlo! use of the common seal of tbe
University;
1 (r) to !crutinize the financial estimntes of tbe University and submit
the same to the Government;
I (u) to administer all funds placed at the disposal of tbe University for
specific purposes;
I (v) to appoint professors in consultation with the Senate:
I (111) to appoint Deans and the teachers of the University other than
professors. to fix their emoluments. to define their duties and
conditions of their service. and to provide for the filling of
temporary vacancies;
I (x) to accept on behalf of the University bequests. donation. aod
transfers of movable or immovable property;
I (1) to provide for the holding of University Examinations:
I Cd to apFoint examiners on the recommendation of the SCnate ;
I (uo) to engage servanls o~ the UnivenilY ..nd to determine their
emoluments and duties and other condi'ioos of tbeir service;
I (bbl to recognize. on the recomolendalion of the Senate. teacbers
qualified to gh-e ir.struction in Colleges and hostels:
I (ce) to take such ac.ion as it may deem tit or necessary 00 tbe reportl
of the Senate regarding the appointment of other teachen in the
affiliated Colleges;
(dd) generally to do all sllch other acts and things as may be necessary
or desirabl.. to further the objects of the University.
f (1) Annual Budget Estimates of the University shall be prepared by the

Rector for presentation to the Council and transmission to Government with

such recommendations as O:e Council may deem necessar)'. If and when
demands for Supplementary Grants are necessary they shall be madc to
Government through the Council.
. 1 (4) Tho (Rectot) ~ appointed by the Council shall exercise gencral control
over tbe officers [and business)! of the Unh'ersity and shall r,ivc effect to the
decisions of the Council regarding the appointments. dismissal <Ind supervision
o the teachers of tbe University and its servants.

l1A. I (n Tbe Council shall ordinarily meet once every month on a date llectill' cI
to be fixed by the Vice-Chancellor and at such other times as it may determine. !.be \AlurIeiJ.
(1) The Vice.Chancellor may. whenever be thinks fit. and sball. upon l\
requisition signed by not less thaR [five] 4 members of the Council. convene _
special meeting of the Council.
1 IlIRrtetl by Att IX. 1949.
t Sutltiluled by Atl XLII. 19~1 .
ta,trt.'d .~ .
SubatiUcd by Act IX. 1949.
 198 UnillD"sity of Rdngooit.

(J) [Ten] 1 members shall form the quorum for a meeting of tbe Council.
'13.
COInpolilioa 14. J (/) The Senate shall consist of_
" ""
Sel\:lle. (a) the Vice-Chancellor:
(b) the Director of Public Instruction. and not more than four other
heads of Government Departments concerned with professional
courses of study in the University;
(cJ the [Rector]J :
(d) the Heads of affiliated Colleges ;
(e) the Professors [who are Heads of the ~partments of studies in
the University :)4
(J) three members of the Coum:i1 elected by the Coun<:il wbo are not
engaged in teaching:
(g) fi,'e lecturers elected from amona; themselves
(2) Members of the Senate shall be designated Fellows of the University,
(J) Members. other than members ~x-oif;cio. shall hold office for a period
of three years and shall be eligible for re-appointment or re-eloction.
15. (1) The Senate shall be the academic body of the University and shall
hne the control and general regulation of teaching and examination within
the University and be responsible for the maintenance of the standards thereof
and shall exert:ise such other powers and perform such other dutics as nlay be
prescribed.
(2) Notwithstandina; anything contained in sub-section (/). ellery resolu-
tion of the Senate shall be reported to the Council.
(J) Without prejudice to the generality of the foregoina; powers conferred
by sub-section (I). the Senate' shall exercise the following powers and shall
perfolm the following duties. namely :_
(0) to advise the (Council] J on all academic matters ;
(b) to make proposals to the Council for the institution of
professorships. readerships. lecturerships or other (academic] I
posts and in regard to the duties and emoluments thereof;
(el to make proposals for special courses of study or for division of
subjects in affiliated Colleges;
(d) to make Regulations for. and to award. in accordance with such
Regulations. academic prizes and other rewards;
(t) to make Regulations. subject to the control of the [President of
the Union of Burma]. 1 regarding the admission of studenls to the
University or prescribing examinations to be rccoinized as
equi\'alent to U~iversity Examination, or such further qualifica-
tions as may be necessary or desirable for admission to the
degree countS of the University;
1 SubJtituted by Ad. IX, 1949. ----------
Dtkled ;Wil.
I Subtlitllled by Act xLu, 19'1.
lzastrltd iltid.
 University oJ Rangodti. I~

(f) to constitute Boards of Study in such subjects as may be necessary;

(g) to recommend to the [Council] I the nanles of persons suitable for
appointment as examiners ;
(h) to make recommendations to the [Council] I for tbe recognition of
teachers qualified to give instruction in Colleges and hostel,:;
(i) to consider all appointments of lecturers and other teachers in the
* * .. t affiliated Colleges and. if necessary, to make
representations and 10 report thereon to the [Council] I :
(j) to control and manage the University libraries;
(k) to formulate. modify or revise. subject to the control of the
Council. schemes for the constitution or reconstitution of
departments of studies;
(I) to assign teachers to departments of studies;
(III) to promote research within the University and can for reports on
such research from the persons engaged thereon and to make
recommendations to the [Council] 1 thereon:
(n) to consider any subject hning reference to the University and to
make recommendations thereon to the Council:
(0) to determine upon what persons degrees or other academic distinc-
tions which arc not honorary shall be conferred;
(P) to make regulations for the admission of non-collegiate students to
University examinations at such places where * * t
affiliated Colle&Cl may be situated; and
(q) subject to the pro..isions of this Act. to make Regulations for all
matters within the control of the Senate

t 16_18.
19 (I) Every * ., affiliated College shall be controlled and Affiliated
managed by a Governing Body which shall be a body corporate and constituted Collegcsto
be controlled
in the manner provided in sub-section (2). by Govern-
(1) (i) The President of the Union shall have powers, subject to the pre- ina: Bodies.
visions of tbis Act, to make rules 3 to provide for the coostitution. procedure,
powers and dutics of the Govcrning Bodics of. * . . *'
affiliated Colleges
except Colleges which are instituted and maiotained by thc Uoiversity :

Provided that all Statutcs aod rules in force providing for the constitution.
procedure. powers and dutiea: of any Governing Body of any * ,
affiliated College shall continue in fon:e until they arc amended or repe.a1~
by rules made under tbi, sub-section ;

1 Substltuled by AcltX, 194\1

Deleted II/id.
'F the ron.titulion. of the (lavernin, Bodiel 01 tbe Uni..emty College, the Teadien'
Tnining COIlee, the Medial COIleg. and the Agricultural Colk,e, lee 8"r_ C.tll'" 19'tO,
P:itt I, P3!fe1141 and 31" and 8"rou c.:at~ 194t. Part I, palec Ill. 115 a"UJJ.
Por the toMtltWOll of the Governin,
Put t, pa~ 1479.
Bod, of the IDdIoJI College, see B",..e-tc; 1940,
 lJflivusil'1 nf .Raflgoon.

(ii) AII"' rules made under this ~ubsection shall be published in the
GueUe and shall cOllle into torce from the date ot such notification.
(,S) The Governing Body of every * * * I affiliated College shall
bave powers. subject to tbe pro,isions of tbis Act. the Statutu and tbe Regula-
tions. and subject to tbe sanction of the President of the Union. to make rules
to provide tor all or any of the following matters. namely :-
(o) the constitution. procedure. powers and duties ot the College
Council:
(b) the constitution of Departmcnts of Studies;
(e) tbe appointment. functions. duties and remuneration of the College
,staff ;
(d) the discipline of students:
(t') the form. custody and Ufe ot the common scal. and the manner in
which contracts llIay be executed and cheques dra.....n :
(0 the constitution of a pension or provident fund. or both. (or the
benefit of the College staff :
(g) the fees or other charges to be lcvied : and
(ill aU other matters relating to the internal administration o( the
College.
(.,) All proposals to aher or amend the rules of * I affiliated
Colleges shalt. in the first instance. be considered by the Governing Body of
the College concerned which shall after such consideration submit them with
ill recomolendations to the President of the Union through. I the
Council * 1.
(5) Notwithstanding anything contained in this Act and the rules. the
minules of the Governing Bodies of all ., I affiliated Collegea sball
be sent 10 members of Ihe Council every three months.
1(6) Annual Budget Estimates of every affiliated College shall be prepared
and lran:miued by the GO\'erning Body to Government. However. the Council
shall make such recommendations as are considered necessary. if invited to do
so by the Government.
120. * *
Admiuion 21, (J) Admission of students to the University shall be made by such
of dudellt.
to Unl- authorily. and in such manner. as may be appointed or prescribed by the
verlity, Re,ula:ions.
(2) No student shall be eligible for admission to the University unless he
has passed such examination or test as may. subject to the control of tbe
[President of the Union of Burma] s. be prescribed by the Regulations. and
possesses such further qualifications .. may be prescribed by the Regulations.
ZJJ4 !'-

1 Deleted by Ad tX. 19-19.

IlIM=rtcd by Ad XLII. 19SJ
I s.bstitlabd by AcllX. 1<;4')
 20'
25. (J) The University shall. and any * J affiliated College or any
institution managed by the University under section 12. s!l.b-section (2), clause
(I), may constitute for the benefit of their staff a p:nsion or provident fund.
or both. in such manner and subject to such conditions as may be prucribcd
respectively by the Statules and rules Dlade by tbe aUlhorili~ conccrned.
(2) Where any fund has bien constituted under sub-section (/), the
President of tbe Union may. notwithstanding uything contained in the
Provident Funds Act. by notification in the Gazette declare that the provi.
sions of the said Act shall apply to such. fund as if it wefe a Government
Provident Fund.
16.
17_ On the r~mmendation of a majority of not leu than two-third. of
the members of the Council Freseo! and of a majority o(not less than two-thirds
of the members of the Senate rresent. the Chancellor nlay confer an Honorary
Degree on any person who is distinguished for'SUvices rendered to the cawe
of education or who is by reason of eminent position and attainments a fit
and proper Fcrson to receive such Degr.

2'. The Chancellor may. on the roluIDcndalion of the Council and Withdrawal.
the Senate. by resolutions passed with the ct!ncurrence. in each case. of not of Decrees.
leu than two-thirds of the members present. withdraw any delUce. diploma.
licence. certificate or any ontr acadtmic distinction conferred or awarded by
the University.
29. No act or proceeding of any Uni..ersity Authority. I or body Validation
of actl and
constituted under this Act. shall be invalidated merely by reason of a ncaney proceedincs.
anlong its members. or by reason of any omission. defect or irregularity in
respect of any election or appointment.
I 30.
.
31. (a) The University shall be organized IDto FacuI lie. comprising tbe the
FIClIltle. ot
Uuivcr.
several departments of ~tudies. Iity.
(b) The followiog sball be tbe Facultie. of tbe Univenity :_
Facu ty of Arts.
Faculty of Science.
Faculty of Medicine.
Facl1lty of Education.
Faculty of Law.
Faculty of Engineering.
Faculty of Agriculture.
(e) The Council on the recommendadon of the Senate may institute
additional Faculties whencvei necessary.

I Deleted by Act tx. 19411,

I hllnted ibid.
 202 University of Rangoon.

_'of
~ultlel.
132. (I) There shall be a Dean in each Faculty.
(1) (a) The Dean of each Faculty shall be elected by the heads of each
dcplUtment of studies in that Faculty,
(b) The Dean of a Faculty shall hold office for one year. but shall
be eligible for re-election.
(d The Dean of the Faculty of Arts. Science or Medicine shall not hold
office for more than two years consecutively.
(d) The duties of Dean shall be prescribed by regulations made by the
Univeuity.

t)J. (1) There shall be established a Defence Services Academy at such

place as the President of the Union may think lit and such Academy shall be
deemed to be an affiliated College.
(2) Tbe management. administration and control of the Academy
established under this section shall be vested in such authority as may be
appointed by the President or the Union and the management. administration
and control thereof shaIl be subject to such rules as may be made by the
President of the Union under this section.
(3) On admission to the Defence Services Academy a cadet shall be
enrolled under the Burma Army Act.
(4) The provisions of section 6.9 (2). 11 (I) (Ii). 12. 12.4.. 15 (3) W. 19
and 25 of this Act shall not apply to the Academy eSlablished under this
section.

THE RANGOON ZOOLOGICAL GARDENS ACT.

[BUJUU. ACT I. 1908.] (25th April. t908.)

Preall;ble. WHEIl.EAS at a meeting of subscribers held in Rangoon certain persons
were appointed a Provisional Executive Committee for the administration of
the [Rangoon Zoological Gardens]' :
AND WHEREAS it is cxpedient to make provision for the vesting. main-
tcnance and management of thc (Rangoon Zoological Gardens]' and for thc
appointment of a permancnt body of Trustees:
It is hereby enacted as follows :-
". This Act may be called the Rangoon Zoological Garden' Act.
Tn1'lea. . %. (I) The Trustees of the [Rangoon Zoological GardensJl(hereinafter
called" the Trustees ") shall be the following. namely :-
(a) a representative of the Corporation of Rangoon;

IllIerled by Ad IX, 1<)49.

~ I".erkl by Ad XXXVII. 195'.
I $\Ibtlihlled by the UI1I00 of Rilrma (Adaptation of LawI) Order, 1941, as amuckd by Jodi-
aall Branch NoIlicatillQ No. 214.lbted t1th N.xcmber 1949.
t luerled l/rid.
 kangoon ZooloRical (;Qrtl~lIlo :!OJ
(b) a representative of the Comnlissioners for the Port of Rangoon;
(c) a representative of the Burma Chamber of Commerce;
J (d) the Secretary. Ministry of Agriculture and Forests or his
nominee :
(t') a representative of the Burma Indian Chamber of Commerce ;
(J) a representative of the Burmese Chamber of Commerce ;
(C) a representative of the Chinese Chamber of Commerce ;
(h) the Chairman. Rangoon Development Trust [or his nominee)';
(j) the Chief Conservator of Forests. Burma [or his nominee]" ;
(j) the Chief Engineer. Public Works Department (BrJildings and
Roads Branch). Burma [or his nominee] I:
J (k) such and so many persons. not exceeding twelve. of wbom four
shall be representatives of public organizations. associations or
unions. as shall from time to tiDte be nominated by tbe
Trustees with the approval of the President of the Union to
represent the general body of subscribers.
(2) The Trustees shall be a body corporate with perpetual succession by
the name of the .. Trustees of tbe Rangoon [Zoological Gardens] J " and a
common seal. and in that name shall sue and be sued and shall have power to
acquire and hold property. to enter into contracts and to do all acts necessary
for and consistent with the purposes of this Act.
(J) All acts done by a majority of those present and voting at a meeting
of the Trustees shall be deeRled to be nets of Ihe Trustees.
(4) No act of the Trustees shall be deemed to be invalid merely by reason
of any vacancy in or defect in the eonstilution of the body of the Trustees.
(j) In the case of u-uffido Trustees the person for the time being per-
fomling the duties of any of the offices mentioned in IUb-seetion (I) shall act
as a Trustee,.
(6) The Trusteei may appoint a person to act as their Se<:retary.
(7) Orders for the payment of money on behalf of the Trustees shall be
deemed to be sufficiently authenticated if signed by two Trustees and counter-
signed by the Secretary.

3. All sums of money now in the custody of the said Provisional Executive Pr"'J>C'rly
Committee and all other property. whether movable or immovable. which have vc~led in 0

TI'I'itee..
been or may hercufter be given. bequeathed or otherwise transferred for the
purposes of the said [Zoological Gardens]' or acquired for tbe said purposes by
the said Provisional Executive Committee or by the Trustees shall vest in the
Trustees.

4, All officers and $Crvants employed by the Trustees shall be deemed Of&ccrt anel
to be public servants within the meaning of the Penal Code: Icrvanls to
be deemed
public:
lenouta.
I S ..bf,lilulcd by Act VI. 1951.
tnK'rltd ibid
Subttilultd by the UnIon of AllOt'" (Adaplatioo of Wows) o..dcr, 19~8, u.lllJlended by JIICIi-
~118rapcb N"U~ol1 No. 234, dated l7lh Novembrr 1~.
 Rangoon Zoological Gardens.

Provided that this section shall not apply to persons in the ser~ice of any
contractor employed by the Trustees.

Power, to S. (J) The President of the Union may make rules 1 to carry out the
Dla.ke ruIn.
purposes of this Act.
(2) In particular. and without prejudice to the generality of the foregoing
power. such rules may provide : -
(Q) for the manner in which Trusteu, other than ex-o{ficio Trustees.
shall be appointed and for the periods of time for which
such Trwtees shall hold office ;
(b) for tbe manner in which the meetings of the Trustees shall be
convened. the quorum necessary for the trnnsaclion of busines.l
and the procedure at such meetings ;
(d for the appointment of committees of the Trustees and the powers
of expenditure and control Vrhich may be delegated (0 such
committees ;
(d) for the laying out. imprmement. maintenance and management
of the' , ! Zoological Gardens. the care and custody of the
animals. birds. reptiles and other objects and things placed
or deposited therein:
(e) for the form of llccounts to be kept by the Trustees and for the
audit and publication of such accounts;
(I> for the application to the officers and servants employed by the
Trustees of the rutes which apply to the civil servants of the
Government or to any class of such ciYil sen'ants :
(g) u to the conditions under which the public shall have access to
the' '" Zoological Gardens or particular part thereof. and
the regulation of the traffic of vehicles or animals and the
conduct of persons entering the' .~ Gardens: and
(h) for the preservation and prevention of injury to or interference
with any property vested in the Trustees. and for the pre\,ention
of persons from trespassing or Fermitting animals to trespass
or pasture in such' .~ Gardens or particular paris thereof.

(3) The President of the Union may by rule under this tection attach to
the breach of any rule made c:nder clauses (g) and (h) of sub-section (2) a
punishment not exceeding a fine which may extend to one hundred rupees_
(4) All rules made under this section shall be made after previous
publication and when made shall be finally published in the Gazette. and shall
come into operation fronl the date of such final publication.

I POI' l:JCb r.lef. Sft a.r.... c."II,. 1925. Put I. P~IC 14<:9.
Otnltted b)' tbe Union cl I;hmr.a(Adapblio, cl Llwal Order. 19'W1. u amcn4otd.
 THE ANCIENT MONUMENTS 'RESERVATION ACf.

[INDIA ACT VII. 1904.] (l8th March. 1904.)

1.
%. In this Act. unless thcre is anything repugnant in the Jubject 9r relieliu-..
context.-
(I) "anc:ent monument" means any structure. erection or monument.
or any tumulus or place of internment. or any cave. rock-
sculpture. inscription or monolith. which is of historical.
archrological or artistic interest. or any remain. thereof. and
includes-
(a) the site.. of an ancient monument:
(b) such portion of land adjoining the site of an ancient monumi:nt
'as may be required for tencing or co...erinl in or otberwiJe
preserving such monument; and
(d the means of access to and convenient inspection of an ancient
monument:
(2) .. antiquities" include any moveable objects which the President of
the Union. by reason of their historical or archaeological
associations. may think. it necessary to protect against injury.
removal or dispersion;
(3) "Commissioner" includes any officer authorized by the President
of' the Union to 'per:orm the duties of a Commissioner under
this Act:
(4) .. maintain" and" maintenance" include the fencina:. covering in.
repairing. restoring and cleansing of a protected monument. and
the doing of any act which may be necessary forthe purpose of
maintaining a protected monunlent or ot ICcurina: convenient
access thereto:
(5) "land" includes a revenuefree estate. a revenuepaying estate. and
a permanent transferable tenure. whether such estate or tenure
be subject to incumbrances or not: and
(6) .. owner" includes a joint ~wner invested with powers of manage-
n~ent on behalf of himself and other joint owners and any
manager or trustee exercising powers of management over an
ancient monument. and the successor in title of any such owner
and the successor in office of any such manager or trustee:
Provided that nothing in this Act shall be deemed to extend the powen
which may lawfully be exercised by such manager or trustee.
3. (I) The President of the Union may. by notitication in the Gazette. ~ted
declare an ancient monument to be a protected monument witbin the meaning aoO.IIIIlC.l.
or this Act.
(2) A cory of every notification published under subseclion ll) ahaD be
fixed up in a conspicuous place on or Dear the monument. tosethcr with an
 206 Ancj~nt Monuments Pr~servat;on.

intimation that any objections to the issue of the notification. received by tbe
President of the Union within one monlh from tbe date wben it is so fiAed up.
will be taken into consideralion.
(3) On the expiry or the said period of one monlh. the President of the
Union, after considering the objections. if any. shall confirm or wilhdraw the
notification.
(4) A notificalion published under this section shall. unle$! and until it
is withdrawn. be conclusive evidence of the fact that the monument to which
it relates is an ancient monument within the meaning of this Act.

Ancj~nt Monulll~nts_

Acquisition 4. (I) The Collector. with the sanction of the President of the Union.
of rigM IrI mllY purchase or take a lease of any protected monument.
or guardian-
s,hip of an (2) The Collector, with the like sanction. may accept a gift or bequest
ancient of any protected monument.
monllment.
()} The owner of any protected monument may by written instrument
constitule the Commissioner the &uardian of the monument. and lhe Commis-
sioner may. with the sanction of the PN:sident of the Union. accept such
guardianship.
(4) When the Commissioner has accepted the guardianship of a monu
ment under s.lb-section (J). the owner shall, eJL:cept as CJL:pressly provided in
this Act. bave the same est:tte, right, litle and inlerest in and to the monument
as if the Commissioner had not been constiluted guardian thereof.
(5) When the Commissioner has ac:cepted the guardianship of a monument
under sub-section (j'). Ihe provisions or Ihis Acl relaling 10 :agreemenls eJL:eculed
under seclion 5 shall apply 10 Ihe written instrument executed under tbe said
sub-section.
(6) WheN: a protected monument is without an owner. the Commissioner
may assume the guardianship of the monumenl.

Prelft\"lItion 5. (I) The Colleclor may. with the previous sanction of the President of
ot~nl the Union. propose to the owner to enter into an agreement with the Govern-
n>or\"'nent
ment for the: preservation of any protected monument in bis district.
"'r~'
-,. (2) An agreement under this sectiOn Olay provide for the following matters.
or for such of them as it may be found expedient to include in the agreement:-
(0) the maintenance of the monument;
(b) the custody of the monument, and the duties of any person who
nlay be employed to watch it :
(c) the restriction of the owner's right to destroy, remove. alter or
deface the monument or to build on or nea.r the site of the
monument:
(d) the facilities of access to be permitted to the public or to any
portion of the public and to perwns depuled by the owner or
the Collector to inspect or maintain the monument;
(e') the notice to be given to the Government in case the land on which
the monument is situated is olIered for sale by the o....ner. and
 Anci~nt Monum~nll Pr~serl'Q,ion_

tbe rigbt to be reserved to tbe Government to purcbase such

land. or any specified portion of sucb land. at its marleet-value ;
(J) tbe payment of any e,;penses incurred by tbe owner or by tbe
Government in connection with the preservation of the monu
ment;
(g) the proprietary or other rights which are to vest in (the State) I in
respect of the nlonument when any expenses are incurred by
the Government in connection with the preservation of the
monument;
(II) tbe appoinment of an authority to decide any dispute arising out
of the agreement; and
(i) any matter connected with the preservation of the monument which
is a proper subject of agreement between tbe owner and the
Government..

(3) An agreement under this section may be executed by the Collector

on behalf oc" the Government. but shall not be so e,;ecuted until it has been
approved by thc President of the Union.
(4) The terms of an agreement under this section may be altered from
time to time with the sanction of the President of the Union and with tbe
consent of the owner.
(5) With the previous sanction of the President oUhe Union. the Collector
may terminate an agreement under this section on living si,; months' notice
in writing to the owner.
(6) The owner may terminate an agreement under this section on giving
six months' flotice to the Collector.
(7) An aueernent under this section shall be binding on any person
claiming to be owner of the monument to which it relates. through or under
a parly by whom or on whose behalf Ihe agreement was executed.
(8) Any rights acquired by Government in respect of expenses incurred
in protectinc or preserving a monument shaJJ not be affected by the termina-
tion of an agreement under this section.

6i. (I) It the owner is unable. by reason of infancy or other disability. Owner
under dit-
to act for himself. the person legally competent to act on his behalf may ability or
exerc:isc the powers conferred upon an owner by seclion 5_ not In
poucssioft.
(2) In the case of village-property. the beadman or other village..(Jffi.cer
exercising powers of management over such property may exercise the power
,onferred upon an owner by section S.
(3) Nothing in Ihis section shall be deemed to empower any person not
being of the samc religion as Ihe persons on whose behalf he is acting to make
or execute an agreement rclaline 10 a protected monument which or any part
of which is periodically used tor Ihe religious worship or observances of that
religion.

I So.IblliMcd by the Union 01 BWllllll (Adapta\igp 01 Law.) Order, 1948.

 208 . Ancient Monumtnts PruerYation.

1, (I) If the Collector apprebends tbat tbe owner or occupier o( a monu-

ment intends to destroy. remove. ahu. deface. or imperil tbe monument or to
build on or near tbe site tbereof in contravention of tbe terms of an agree-
ment (or its preservation under 5eCtion 5. tbe Collector may make lin order
probibitina IIny such conlravention of the agreement.
(2) If an owner or otber person who is bound by an agreement (or the
preservation or maintenance of a monument under section 5 rer-uses 10 do any
act which is in the opinion of the CoUeetor necessary to such preservation or
ml'intenance. or neglects to do any such act within such reasonable time as
may be fixed by Ihe Collector. the Collector may authorize an~ person to do
any such act, and the expense of doing any such acl or such portion of the
expense aa the owner may be liable 10 pay under the agreement may be reco-
vered (rom the owner as if it were an arrear of land-revenue.
(3) A person aggrieved by on order made under this section may appeal
to the Commissioner. who may cancel or modify it and whose decision shall
be final.

_
purehalen . Every ~rson who purchases. It a sale for arrears of land-revenue or
at urUin
AIel and any other public demand. In estate or tenure in which is situaled I monu-
,.,.- ment in respect of which any instrument hos been executed by the owner for
........
cbhni"l:
tbrocrh the time being. under section" or section 5. and every person claiming any
title to a monument (rom. through or under an o""ner who executed any such
byi",lru-
toaIt cuellt- instrument. sball be bound by such instrument.
ed by owner.

Appli li... t. (I) If any owner Or otber person competent to enter into an agree-
"'
111,",110
-
n- ment under section 5 for the prescnation of a protected monument refuses or
p:>ir of aa (ails to enter into such an agreement when proposed 10 him by tbe Collector.
aDclent and if any endowment has been created for the purpose of keeping such
mDllIIIMlI1.
monwnent in repair. or (or tbat purpos~ among others. the Collector may
institute a suit in the Court of tbe District Judge. or. if the estimated cost of
tepairina tbe monument does not exceed one thousand rupees. may make an
application to tbe District Judge for tbe proper application of such endowment
or part thereof.
(2) On the hearing of an application under sub-section (I). the District
Judie may summon and examine the owner and any person whose evidence
appears to him necessary, and may pass an order for the proper application of
the endowment or of any part tbereof. and any such order may be executed
.a i( it were the decree or a civil Court.

c..lIlpllllory II. (I) If tbe President of the Union apprehends that a protected monu-
_""''''
llAc:1eat
_~l
mont ia in danger o( being destroyed. injured or allowed to fall into decay.
the President of the Union may proceed to acquire it under the provisions of
the Land Acquisition Act. as if tbe preservation of a protl"Cted monument were
... public purpose" within the meaning or tbat Act.
 Anci~nl Monum~nts Pr~strvatjon.

(2) The powers of compulsory purchase conlerted by sub-section (I) shall

not be cxercised in the case ol-
(a) any monument which or any part of which is periodically used
for religious observances; or
(b) any monument which is the subject of a subsisting agreement
ex:ecuted under section S.,
C!) In any case other than the cases referred to in sub-section (2) the
said powers of compulsory purchase shall not be exercised unless the owner
or other person competent to enter into an agreement under section 5 has failed,
within such reasonable period as the Collector may fix in this behalf, to enter
into an agreement proposed to him under the said seetion or has terminated
or given notice of his intention to terminate such an aareement.

tOA. (1) If the President of the Union is of opinion that mlnlrtl ....ud
quarrying. excavating. blasting and other operations of a like nalure should be PruidCl'Jtto
restricted or regulated for the purpose of prot:ting or preserving any ancient ="..
mining. etc.,
monument. the Pre.ident of the Union may, by notification in the Gazette. ..ear :ancient
mon"mmt.
make rules-
(a) fixing the boundaries of the arta to which the rules are to apply.
(b) forbidding the carrying on of mining. quarryina:. tltcavating, blas-
ting or any operation of a like nature eltcept in accordance with
the rules and with the terms of a licence. and
(d prescribing the authority by which. and the terms on which.
licences may be granted to carryon' any of the said operations.

(2) The power to make rules given by thi. section is subject to the
condition of the rules being made after previous publication.
(3) A rule made under this seclion may provide that any person conI mit-
ting a breach thereof shall be pu~ishable with fine which may extend to two
hundred rupees.
(4) It any owner or occupier of land included in a notification under
sub-section (I) proves to Ihe satisfaction of the President of the Union that
he has sustained loss by reason of such land being.o included. the Government
shall pay compenfation in respect of such loss.

11. (t) The Commissioner shall maintain every monument in respect of Maint~n.anee
of ~uta.ll\
which the Government has acquired any of the rights mentioned in section" protcded
or which the Government has acquired under section 10. suonumepu.

(l) When the Commissioner has accepted the guardianship of a monu-

ment under section 4. he shall. for the purpose of maintaining such monument.
have llccess to the monument at all reasonable lime by himsc:tr and by
his agent. subordinates. and workmen. for lbe purpose of inspecting the
monument, and for the purpose of brinaina such materials and doing sucb
acts as he may consider necessary or desirable for the maintenance thereof
14
 2'0 Ancient MOllultUllts Preurvatloll.
yoltmta:ry 12. The Commissioner may receive "'oluntary contributions towards the
-.
tontribo-
cost of maintaining a protected monument and may give orders as to the
management and application of any funds 50 received by him:
Pro"'ided that no contribution re(:eived under this section sball be applied
to any purpose other than the purpose for which it was contributed.
Protection 13. (J) A place of worship or shrine maintained by the Government
r:JI. place of
worship under this Act sbaH not be used for any purpose inconsistent with its
frOtn ..... uu. cbaracter.
pollution or
de$ecnUon. (2) Where the Collector has. under section 4. purchased or taken a lease
of any protected monument. or has accepted a gift or bequest. or the
Commissioner has. under the same section. accepted the guardianship thereof.
and such monument. or any part thereof, is periodically used for religious
worship or observances by any community. the Collector shall make
due provision for the protection of such monument. or such part thereof.
from pollution or desecration_
(a) by prohibiting the entry therein. except in accordance with
conditions prescribed with the concurrence of the persons in
religious charge of the said monument or part thereof. of any
person 0.01 entitled so to enter by the religious usages of the
community by which the monument or paIl thereof is used. or
(b) by taking such other aCtiOD as he may think ncceS$llry in thiJ
behalf.

. ...,-
RelillQ1IiIJl.
~,
OOwnmr>nlt
14. With the sanction'tlf the President of the Union. the Conlmissioner

riJhb i .. '" (c,) wbere rights have been acquired by Government in respect of any
_umellt.
monument under this Act by viMue of any sale. lease. gift or
will. relinquish the rights so acquired to the person whQ would
for the time being be the owner of the monument if such rights
had not been acquired: or
(b) relinquish any guardianship of a mODument which he has accepted
under this Act.
Righi 01 15. (I) Subject to sucb rules as may after previous publication be made
:lCCUI to
cerl",ln pro- by the President of the Union. the public shall have a right of aecess to aoy
tected mOAU' monument maintained by the Government under this Act.
mellQ.
(2) In making any rule under sub-section (J) tbe President of the Union
may provide that a breach of it shall be punishable with fine which
may extend to twenty rupees.

16. Any person other tban the owner who destroys. removes. injures.
ahen. defaces or imperils a protected monument. and any owner who destroys.
removes. injuccs.alters. defaces or imperils a monument maintained by Govern-
ment under this Act or in ccsptct of which an agreement has bun executed
under seetioD 5. and any owner or occupier who conlraYCoes an order rn:ade
 Ancient Monuments Prtstrvotion.

under section 7. sub-seclion (,). shall be punishable with fine which may ex.tend
to five thousand rupees. or with imprisonment which may ex.tend to three
months. or with both.

TraDir: in Amiquitits.

11. (I) If the President of the Union apprehend, that antiquitict are Power of
being sold or removed to the detriment of the Union of Burma or of control President to
any neighbourin. country. he may, by notification in the Gazene. prohibit or Iralhc: in
restrict the bcinging or taking by sea or by land of any antiquities or class of antiquitiel.
antiquities described in the notification into or out of the Union ('If Burma 01
any specified part of the Union of Burma.
(2) Any person who brings or takes or anempts to bring or lake any such
antiquitieJ into or out of the Union of Burma or any part of the Union of
Burma, in contravention of a notification issued under sub-section (I). shall be
punishable with fine which may extend to five hundred rupees.
(J) Antiquities in respt of which an offence referred to in $ub-$CCtioll
(2) hll$ been committed shall be liable to confiscation.
(4) An officer of Customs. or an officer of police of a grade not lower
than subinspector. duly empowered by the President of the Union in
this behalf, may search any vessel. cart or any other nleans of con\"eyanco
and may open any baggage or paCkage of goods. if he bas reason to believe.
that goods in respect of which an offence has been committed under sub-
section (2) are containeo therein.
(5) A person who complains that the power of search mentioned
in sub-section (4) has been vexatiously or improperly exercised may address
his complaint to the President of the Union. and the President of the Union
shall paSf such order and may award such compensation. if aoy. as appca" to
him to be just.

Protection 01 ScUtptuUI. Cafllings.lmages. Bas-rdie/l.ltueriptkJnsor like Ob/tell.

11. (1) If the President of the Union considers that llny sculptures. Power of
Prnident to
Cafyin&S. images. bas-reliefs. inscriptions or other like objects ought not to be control
moved from the place where they are without the sanction ot the Government. lnowinli( of
tc:1I1ptlll'e
the President of the Union may. by notification in the Gazette. direct that any caning. 01'
such object or any class of ~uch objects Iball not be moved unless with the like object..
written permission of the Collector.
(2) A person applying for tho permission mentioned in sub-section (1)
shall specify the object or objects which he proposes to move. aDd shall
furnish. in regard to such object or objects. any information which the
Collector may require.
(3) If the Collector refusts to grant such permission. the applicant may
.ppeal to the Commissioner. whose deci~ion shall be final. .
; (4) Any person who nloves any object in contravenlion of a notification
iuued under sub-section (1) shall be punishable with fine which may exteod to
five hundred rupees.
 212 AlIci~lIt Monul'MlIll Pr~n'atjon.

(5) If the owner or any property proves to the satisfaction of the

President or the Union tbat be has suffered any lou or damage by realOn of
the inclusion of such properly in a notification published under sub-section
(I), the President of the Union shall either-
Ca) exempt such property from the said notification;
(b) purchase such properly. if it be moveable. at its market-value: or
(d pay compensation rOt any loss or damage sustained by the owner
of such property. if it be immoveable.
Purclwe of J9. (1) If the President of the Union apprehends that any object
Icalptures.
canine' Of mentioned in a notification issued under section 18. sub-section (I), is in
like: obJecb danger of being destroyed. removed. injured or allowed to fall into decay. the
b, the
GoYerQme,,1. President of the Union !nay pass orders for the compulsory purchase or such
object at its market-value. and the Collector shall thereupon give notice to
tbe owner of the object to be purchased.
(1) The power of compulsory purchase given by this; section .ball not
extend to_
(0) any image or symbol actually used for the purpose of any religious
observance: or
(b) anything which the owner desires to retain on any reasonable
ground pelSonal to himself or to any of his ancestors or to any
member of hi, family.
Archa/!ological Excavation.
Power of 10. (I) If the President of the Union is of opinion that excavation for
Pruidetlt 10 archrololical purposes in any area should be restricted and regulated in the
notifY are~
.. proteded. interests of archrological research. the President of the Union may. by
notification in the Gazette specifying the bound.ries of tbe area. declare
it to be if, protected area
(1) From tbe date of such notification all antiquities buried in the
protected area sbaH be the property of the IState)l and shall be deemed to be
in the possession of Government until ownership thereof is transferred; but
in all otber respects the rigbts of any owner or occupier of land in .uch area
.haH not be affected.
Power to lOA. (I) Any officer of tbe archrological department or any person
ellter upon
and n,a!<e boldin, a licence under section 20B may. with the written .....rmissio.o
r- of the
tIlc.,-~tlon. Collector. enter upon and make excavations in any protected area<
In a protect.. (1) Where. in the exercise of the power conferred by subsection (I). the
ed Nca.
rights of any person are infringed by the occupation or disturbance of tbe
surface of any land. the Governmcnt shall pay 10 that person compenu.tion

"'ud
Pnlidmt to
make ruk.
1...
for the infringemcnt.
(I) The Presidcnt of tbe Union may make rulcs-
(a) prescribing the authorities by whonl licences (0 cJ.cavate for
rqlllaUnc archrological purposes in a Plotccted area:may be lranted ;
 Ancl~nt Monum~nf.J PrutrwJtion. 213
(b) regulating the conditions on which such licences may be granted. :arcll:aeolo-
gicallt:l~
the form of such licences. and the taking of security from ,-ation
licensees;
(c) prescribing tbe manner in which antiquities found by a licensee areal.
.........
;lI

shall be divided between Government and the licensee: and

(d) generally to carry Odt the purposes of section 20.
(2) The power to make rules given by this seetion is subject to the
condition of the rules being nlade after previous" publication.
(J) Such rules may be general for all protected areas for the time being.
or nla)' be special for any particular protected area or areas.
(4) Such rules may provide that any person committing any breacb of
any rule or of any condition of a licence shall be punishable witb fine which
may e;dend to live thousand rupees. and may further provide that where the
breach has been by the agent or servant of a licensee tho licensee himself
shall be punishable.

2OC. If the President of the Union is of opinion th:lt a protected area Po....cr to
contains an ancient monument or antiquities of nlltional interest and value be uqllirc
protected
a
may :acquire SIKh area or any part thereof under the Land Acquisition Act as .~.
for :l public purpose.
Cenunl.
21. (I) The market-value of any property which Government is Aucull1eat
empowered to purchase at such value under this Act. or the compensation to of lI1afllet_
V2lue or
be paid by Government in respect of anythina done under this Act. shall. """"'M~
where any dispute arises in respect of soch nlarketvalue or conlpensation. be tioa.
ascertained in the manner provided by the Land Acquisition Act. sections J. 8
to 34. 45 to 41. 51 and 52. so far as they can be made applicable:
Provided that. when making an inquiry under the said Land Acquisition
Act. the Collector shall be assisted by twO assessors. one of whom shall bo a
competent person nominated hy the Collector. and one a person nominated
by the owner or. in case the owner fails to nominate an assessor within such
reasonable time as lOay be fixed by the Collector in this bebalf. by the
Colleclor.

12. A Magistrate of the Ihird class shall not have jurisdiction to Iry any IIll"Jldiclio"ll
person charged with an offence against this Act.

23, (I) The President of the Union may make rules for carrying out any Power to
make rule..
of the purposes ot .his Act
(1) The power to make rules given by this section is lubject to the
condition of the rules being made after previous publication.
U. No suit for compensation and no criminal proceedina: shall lie 10 Protection
public
aaainsl any public servant in respect of any act done. or in aood faitb tcrvan'"
intended. to be done. in the exercise of any power conferred by this Act. actin, UDdeT
...,
 214
THE DRAMATIC PERFORMANCES ACt.

[INOlA ACT XIX. 1876.] (16th December. 1876.)

1
".hlll;- 2. In this Act" Magistrate" means the District Magistrate.
tnt,,"
deliDl!d.

power to 3. Whenever the President of th~ Union is of opinion that any play
prohibit
.,c.taiR pantomime or other drama performed or about to be performed in a public
dramatic: place is_
perform
rI C" (a) of it scandalous or defanlatory nature, or
(b) likely to excite feelings of disaffection to the Government
established by law in the Union of Burma * * * 1. or
(c) likely to deprave and corrupt persons present at the performance.
the President of the Union. or outside Rangoon the President of the Union or
such Magistrale as he may empower in Ihis behalf. may by order prohibit tbe
performance.

Explanation._Any building Or enclosure to which the public are

admitted to witness a performance on payment of money shall be deemed
a .. public place" within the meaning of this section.

!'ower to 4. A copy of any such order may be served on any person about
.....re order to take part in the performance so prohibited. or on the owner or occupier of
01 prohibi-
tion. any house. room or place in which such performance is intended to take
Pen"U)' ror
place: and any person on whom such copy is served. and who does.
disubeyin, or willingly permits, any act in disobedience to such order. shall be punished
orde.-. on conviction before a Matistrate with imprisonment (or a term which may
extend to three months. or with fine. or with both.

Pow... to 5. Any such order may be nOlified by proclamation. and a written or

Dotib ord.... printed nolice thereof may be stuck up at any place or places adapted for
giving information of the order 10 Ih:l persons intending to lake pari in or to
witness the performance so prohibited.

Penalty for 6. Whpc:ver after the notificalion or any such order-

dilObeyln,
prohibitiorl. (aJ takl!! part in the performance prohibited thereby Or in any
performance substantially the same as the performance so
prohibited. or
(b) in any manner assists in conducling any such performance. or
(c) is in wilful disobedience to such order present as a speclator during
the whole or aoy part of any such performance. or

I On~nted by the Union of RlU"lm (Adaptation d. L"w,' O~r. 1948.

 Dramatic Performance,. 215

(d) being th~ owner or occupier. or having the use of any bouse.
room or place. opens. keeps or uses the same for any such
performance. or permits the same to be opened. kept or uJled
for any such performance.
shan be punishable on conviction before a Magistrate with imprisonment fqr
a term which may extend to three months. or with fine. or with both.
,. For the purpose of ascertaining the character of any intended public Power to
tall for
dramatic performance. the President of the Union. or such officer as he may infonnatiOll.
specially enlpower in this behalf. may apply to the author. proprietor or
printer of the dranla about to be performed. or to the owner or occupier or
the place in which it is intended to be performed. for such information as tbe
President of the Union or such officer thinks necessltry.
Every person so applied to shall be bound to furnish the same to the
best of his ability. and whoever contravenes this section shall be deemed to
ha\'e conlmitted an offence under section 176 of the Penal Code.

8. If any Magistrate has reason to believe that any house. room or place Power to
i(ant war
is used. or is about to be used. for any pedormance prohibited under this Act. rant to
he may. by his warrant. authorize any officer of police to enter with such poliC<i! to
enter and
assistance as may be requisite. by night or by day. and by forc~ if necessary. arT~st and
any such house. roonl or place. and to take into custody all persons whom he leite.
finds therein. and to seize all scenery. dresses and other articles found therein
and reasonably suspected to have been used. or to be intended to be used. for
the purpose of such performance.

9. No conviction under this Act shall bar a prosecution under acetion Saving of
124A or section 294 of the Penal Code. pl'Olleeution
~d<,
Penal Code
iecUoosl2'lA
and Z94.

10. Whenever it appc rs to the President of the Union that the provisions Power to
prohibit
of. this section are required in an)' local area. he may declare. by notification dramatic
in the Gazette. that such provisions are applied to such area froUl a day to be perlonruwc.
In aoy)oo;a!
fixed in the notification. area. eJIcept
On and after that day. tbe President of the Union may order that no
dramatic performance shall take place in any place of public entertainment """"
UceDCe.

wilhin such area. except under a licence to be granted by the President or the
Union. or such officer as he may specially empower in this behalf.
The President of the Union may also order that no dramatic
performance shall take place jn any place of public entertainment within such
area. unless a copy of the piece. jf aDd so far as it is written. or
some sufficient account of its purport. if and so far as it is in pantomime. bas
been furnished. not less than three days before the performance. to the
President of tbe Union. or to such officer as he may appoint in this behalf..
A copy of any order under Ihis section may be served on any keeper of
a place of public entertainment: and if thereafter be does or willingly permits
 216 Dr/J11IQtic P.eT/or11lQnce8,.

any act in disobedience to such order. be sball be punishable on conVIction

before a Magistrate with imprisonment for a term which may extend to three
months. or with fine. or with both.
11 .
e.elutlon
of perform. 11. Nothing in this Act applies to any itmQS or performances of a like
alleu at kind at religious festivals.
relle:IOlla
fedi~".

THE CINEMATOGRAPH ACT.

[INDIA ACT II. 1918.] (6th Marth. 1918.)

I. The President of the Union may. by notification. direct that the whole
or any part of this Act shall come into force in the whole or any pari of
the Union of Burma on such date al shall be specified in the nolification.

1. In thiB Act. unless there is anything repugnant in the subject or

l:ontell.t._
.. cinematograph" includes any apparatus for the representation of
moving pictures or series of pictures;
.. place .. includes also a house. building. tent or ves.sel ; and
.. prescribed" means prescribed by rules made under tbis Act.

Cinemato- 3. Save as otherwise provided in this Act. no person shall give an

IfaJlh uw- exhihition hy means of a cinematograph elsewhere than in a place licensed
bflioBa to be
UcellKd. under this Act. or otherwise than in compliance with any conditions and
restrictions imposed by Bucb licence.

Uccualnc .c. The authority having power to &nnt licences under this Act
,"tborit)'. (hereinafter referred to as the .. licensing authority") sball be the District
Magistrate. or. in the town of Rangoon. tbe Commissioner of Police :
Provided that the President of the Union may. by notification in the
Gazette. constitute for the whole Or any part of the Union of Burma
such otber authority as he may specify in the notification to be the licensing
authority for the purposes of this Act.

Rftlrlctloaa
~ _ n
S. (1) The licensing autbority shall not &Cant a licence under Ibis Act.
UDle" it is satisfied that-
ollictaaiJC
aau-il)'. (0) the rules made under the Act have been substantially complied
with; and
(6) adequate precautions have been taken in the place in rupect of
which the lil:ence is to be given to provide for the wety
of penons luelldinJ eJthibitionl tbcrciQ.
 217

(2) A condition shall be insetted in every licence that tbe licensee will
not exhibit. or permit to be exhibited. in such place any film olher ilian a film
which has been certified as suitD.bJe (or public cxhibitioll by an authority-
constituted under 'section 7. and which. when exhibited. displays the
prescribed marie of that authority. and bas not been altered or tampered with
in any way since such mark was affixed thereto.
(3) Subject to the foregoing provisions of this section. and to the control
at the President of tbe Union. tile licensing authority may grant licences under
this Act 10 such persons as it thinks fil. and on such terms and condition
and subject to such restrictions as it may determine.
1(4) The Pre'sident of the Union may. (COOl time to time. issue direction.
to licensees generally or to any Itcensee in particular for the purpose
of regulating the exhibition of any film or class of films. so that indigenous
films may secure an adequate opportunity of being exhibited in such place.
1(5) In particular. and without prejudice to the generality of the
forcaoing power. the PTesident ot the Union may_
(0) prescribe the nlinimum number of days on which a licensee
is required to e.xhibit or permit to be exhibited indigenous
films in a year in such place. or
(b) fix the maximum rate chargeable per day by a licensee. or
the maximum percentage of the total daily receipts (leu
entertainment-tax. if any) receivable by the licensee. for
exhibiting or permitting to be exhibited any indigenous film in
such place.
1(6) Where llny such directiona have been iuued under sub-section
(4) or (5) those directions shall be deemed to be additional conditions and
restrictions subject to which the licence has been scanted.
,. (J) If the owner or person in charge or a cinematograph. uses t~ Pwr.ilhJnmt
same or allows it to be used. or if the owner or occupier of any place permits ...lor contra-
~tiOA of
that place to be used. in contravention of the provisions of this Act this Ad aod
flIJn made
or the rules made thereunder. or of the conditions and restrictions upon. or U>'"......
subject to which. any licence has been granted under this Act. he shall
be punishable with fine which may extend to one thoilsand rupees and. in the
case of a continuing offence. with a further fine which may extend 10
one hundred rupees for each day during which [the offence continues]lI.
(2) If any person is convicted of an offence punishable under this Act
eomnlitted by him in respect or any film. the convicting Court may
further direct that the film shan be forfeited to [the State)'.
7. (/) The President or the Union may. by notification in the Gazette. CertifieaUon
constitute al many authorities as he may think fit for the purposea of 'hr...
of examining and certifying films al suitable for public exhibition. and declare
the area (hereinaUer referred to as the .. local area ..) within which each such
authority shaH exercise the powen conferred on it by this Act. Where aD
 218 Cinematograph...
authority so constituted consists of a Board of two or more persons. not more
than one-hair of the members thereof shall be persons in the service
of tbe Government.
(2) U any such authority after examination considers that a tilm
is suitable for public e~bibition. it shan Irant a certificate to tbat
eltect to the penon applying for the sanle. and shall cause the film to
be marked in the prescribed manner. The certificate of any such authority
shall. save as hereinafter provided. be valid throughout the territories in
which tbis Act is in force.
(J) (4) If the authority is of opinion that a film is not suitable tor
public exhibition in the local area. it shan inform the person applying for the
certificate of its decision. and such person may. within thirty days (rom the
date of such decision. appeal (or a reconsideration of the maUer by
tbe President of the Union.
Cb) If the President of the Union rejcclt the appeal he shall. by
notification in the Gazette. direct Ihllt the filnl shall be deemed to be an
uncertified film in that local area. and such dircclion shall have effect
notwithstanding the subsequent grant of a certifi<:ale in respe<:t of the
film by any other su<:h authority_
(4) An) su<:h authority may demand the exhibition before itself of any
certified filnl which it has reason to belic\"e is about to be publicly cxhibitcd
in its local arca. and may by order suspend the certificatc of any such
film pending thc orders of the President of the Union. and during su<:b
suspension the film shall be deemed to be an uncertified film in that area.
(.5) The District Magistrate. or in the town of Rangoon the
Commissioner of Polke. olay by order suspend the ccrtificate ot any
film pending the ordcrs of the President or tbe Union. and during
such suspension the film shall be deemed to be an uncertified film
in that distri<:t or town.
(6) A <:opy of any order of' suspension made under sub-section
(4) or (5), together with a statcment of reasons therefor, shall forthwith be
forwarded by the authority or the officer making the same to tbe President
of the Union. who may. in his discretion, either discharge the order or,
by notification in the Gazcttc. direct that the film shall be deemed to be an
uncertified film in the whole or any part or the Union of Burma.
(7) The President of the Union ntay. of his own motion. by notification
in tbe Gazette. direct that a certified film shall be deemed to be an uncertified
film in tbc wbole or any part of the Union of Burma.
(8) The exhibition of a film to which any order or direction under
clause (b) of sub-section (3) or sub-section (4). (.f). (6) or (7) is for
the time being applicable shall, in the area to which such order or dirC(;tion
relates. be deCIDed to be !l contravention of the condition mentioned in sub-
section (2) of section 5.
Power to 1 7A. Whcrc tbe holder of a licence bal been convicted of an offence
revoke under section 6. the licence may be revoked by the licensing authority.
Iklen<:e
I lu~td by Ad LXV, 1934.
 Cintmatograph. 219

I. (I) The President of the Union may make rules for tbe purpose of Power'o
carrying into effect the provisions of tbis Act. . nWl:e rilles.
(1) In particular. and without prejudice to tbe lenerality of the
(oregoing power. rules under this section may provide for_
(0) the regulation of cinematograph exbibition. for sec:urinl tile
public safety;
(b) the procedure of the authorities constituted for examining
and certifying films as suitable for public exhibition.
and all matters ancillary thereto. and tbe fees to be levied by
those authorities:
(bb) the appointment of officers subordinate to authorities constituted
under section 7 and the regulation of the powers and dutiu of
such officers: and
(d any other matter which by this Act is to be prescribed.
(J)
(4) All rules made under this Act sball be publisbed in the
Guette. and. on such publication. shan have effect as if enacted in this Act.
,. The President of the Union may. by order in writing. exempt. subject Poweo- to
10 such conditions and restrictions as he may impose. any cinematograph Clrcmpt.
exhibition or class of cinematograph exhibition. from any of the provisions
of !his Act or of any rule made thereunder.

'i"lue.,,,,sEj.,.lO'l'lO"'.,S ",<Ii eu lOgl

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?~ gx."WS. f&jlm 1P33""'" ~= "",~.p.. .(,0 ~
~~ .,
248
"""'''''I''''''I''l5cI~
O>~:
, 00'
 C.-AGRICULTURE.
01 l(\)tSUJ.,~rliti: ..'l"
THE LAND IMPROVEMENT LOANS ACT.
[INDlA ACT XIX. 1883.] (12th Oc:tober. 1883.) .
1-2. ...
.1. In this Act. Collector" means the Collc<:tor of land-revenue of' a .. Collector"
M

district. or the Deputy Commissioner. or any officer empowered by tile d~Ii,.cd.

'.
 250 Land /mprol'ttnttll Loans.

President of the Union by Danle or by virtue of his office to discharge the

........
for which
loan. Ina)'
functions of a Collector under this Act .
4. (J) Subject to such rules as may be nlade under section 10.
loans may be granlcd under this Act. by such officer as may. from time to time
be: IT;\1lt~ be empowered in this behalf by the Prc-sident of the Union. for the purpose of
andu Ihh
Act. making any improvement. to any person having a right to make that improve-
mcnt. or. with the consent of that person. 10 any other person.
(Z) .. Improvement" means any work which adds to tbe letting value of
and. and includes the following. namely :-
(al the construction of wells. tanks and other worlcs for the storage.
supply or distribution of wattt for tbe purposes of agriculture.
or fOr the use of men and c;lule employed in agriculture:
(b) the preparation of land for irrigation;
Cd the drainage. reclamation from rivers or otber waters. or protection
from floods or from erosion or other damage by water. of land
us:d for agricultural purposes or waste-land which isculturable;
(d) the reclamation. clearance. enclosure or permaaent improvement of
land for agricultural purposes:
(~) the renewal or reconstruction of any of the foregoing works. or
alterations therein or additions thereto: and
(f) such other works as tbe President of the Union may. from time to
time. by notification in the Gazette. declare to be improvements
for the purposes of this Act.

"od" of 5. CJ) When an application ror a loan is made under this Act. the officer
de;alinJ;: "'ith to whom tbe application is made may. if it is. in his opinion. cxpedient that
aTpll(;I1ions
for Io;,nl. public notice be ghen of the application. publish a notice. in such manner as
the President of the Union nlay. from time to time. direct. calling upon all
persons objecting to the loan to appear before him at a time and place fixed
therein and submit their objections.
(2) The officer shall consider every objection submitted under sub-section
(J). and make an order in writing either admitting or overruling it :

Provided tbat. when the question raised by an objection is. in the opinion
of the officer. one of such a nature that it cannot be satisfactorily decided
except by a civil Courl. he shall postpone his proceedings on the application
until the question has been so decided.

Period rOT 16. (J) Every loan grantcd under this Act shall be made repayable by
npi.YIl"~nt
instalments (in the form of an annuity or otherwise) within such period from
oll~ll"
tbe date of the actual advance of thc loan. or. when the loan is advanced in
instalments. from the date of the advance of the last instalment actually paid.
as may. from time to time. be fixed by the rules made under this Act.
---------
1lnst'lImwbexeculed by l'el"U,,1 lakinll: I(WI' U, t>, Illti' S\>,elia as IoeCUrity lor lite
rep.'ym"t .... f .,~lL loan. iiue (I[~"pl frOlll slamp dill)'. IU RX'llIptiOOl UJ to Arli,1e 40 fi
Sehedole I 01 the Burma Stall pAct.
 L4nd Impn>nmtnt Loam. 251
(2) The period fixed as aforesaid .hall not ordinarily exceed thirty-five
years.
(3) The President of the Union. in making the rules fixing the period.
shall. in considering whether the period should extend to thirty-five years. or
whether it should extend beyond thirty-five years. have regard to the durability
of the work for the purpose of which the loan is granted. and to the expediency
of the cost of the work being paid by the generation of persons who will
immediately benefit by the work.

7. (1) Subject to such rules as may be made under section 10. all loans
granted under this Act. all interest (if any) chargeable thereon and costs (if any)
incurred in making the same. shall. when they become due. be recoverable by
the Collector in all or any of the following modes. namely~
(a) from the borrower-as if they were anean of land-revenue due by
him:
(b) from bis surety (if any)-as if they were acrun of land-revenue
due by him:
(e) out of the land for the benefit of which the Joan has been granted-
as if they were arrears of landrevenuedue in respect of that land;
(d) out ot the property comprised in the c'J!1ateral security (if any)-
according to the procedure for the rcalizalion of land-revenue
by the sale of immoveable property otber than the land On
wbich that revenue is due:

Provided that no proceeding in respect of any land under clause (e) shall
affect any interest in that land whicb existed before the date of tbe
order granting the loan. other tban the interest of the borrower.
and of mortgagees of. or persons having charges on. that interest. and. where
the Joan is granted under section. with tbe consent of another persoD. the
interest of that perlOn. and of mortgagcel of. or perlODi having charges OD.
that interest.

(2) When any sum due on account of any such loan. interest or costs is
paid to the Collector by a surety or an owner of property comprise~ in any
collateral security. or recovered under su.b-section (J) by the Collector from
a l\lrety or out of any such property. the Collector shall. on the application of
Ihe surety or the owner of that property (as the case may be). recover ,that
sum on his behalf from tbe borrower. or out of the land fOr the benefit of which
loan has been granted. in manner provided by sub-section (I).
(3) It shall be in tbe discretion of a Collector acting under this section to
determine the order in which be will resort to the various modes of recovery
permitted by it.

S. A written order under the hand of an officer empowered to make loans 0n:Ia- lrut.
under this Act granting a loan to. or with the consent of... person mentioned ~... ::~c.
herein. for the purpote of curyina out .. work desc:~ibed therein. tor tbe
t
 252 Land Improyement Loans,

on certain benefit of land specified therein. shall. for the purposes o( this Act. be conclusi..e
points.
evidence-
(al that the work described is an improvement within the meaning of
this Act;
(b) that the perwn mentioned had at the dale of the order a tight to
make such an improvement: and
(d that the improvement is one beneficing the land specified.

Liability of ,. When a loan is made under this Act to the members of a village com
joillt bot fO ....- munity or to any other persons on such ternlS that all of them are jointly and
ef1 U amU'o&
th_l~n, severally bound to the Government for the payment of the whole amount
payable in respect thereof. and a statement showing the portion of that amount
which as among themselves each is bound to contribute is entered upon the
order granting the loan and is signed by each of them and by the officer
Dlaking the order. that statement shall be condush'e evidence of the portion
of that amount whicb as among themtch'es each of those persons is bound to
contribute.

Powi:f Ie. t8. The President of the Union may. from time to time. by notification in
malr.c rul. the Gazette. make rules consislent with this Act to provide for the following
matters. namely :-
(a) the manner of making applications for loans:
(b) the officers by whom loans may be granted:
(c) the manner of conducting inquiries relative to appljcation~ for loans
and the powers to be ell.ercised by officers conducting those
inquiries;
(d) the nature of the security to be taken for the due application and
rerayment of the nloney. the rate of interest at which. and the
conditions under which. loans may be granted. and the manner
and time of granting loans;
(to) the inspection of orks for which loans have been granted:
(IJ the instalments by hich. and the mode in which. loans. the interest
to be charged on them and the costs incurred in the making
thereof. shall be paid;
. <,l the moon" of 'eeping and audi.ing th' ",oun" ofth' "pondit""
of loans and of the payments made in resp:t of the same; and
(h) all other matters pertaining to the working of the Act.

l:;Jl('mption 11. When land is improved with the aid of a loan granted under this Act.
of j,nprOH_ tbe increase in value derived from the improvement shall not be taken into
Im~nl. from
u.Ullr,cnl account in re\'ising the assessn.tent of land-revenue on the land:
to laM-
.evenut, Provided as follows :-
(I) where the improvement consistl of tbe reclamation of waste-land.
or irrigation of land assessed at unirrigated rales. the increase
may be so taken into account a('ter the eKpirlltion of such perio:1
 uN! Improvement LOlUU'.
as may be fixed by rules to be ftamed by the President of the
Union:
(1) oothing in this section shall entitle any perlOn to call io queStiOD
any assessment of landrevenue otherwise than u it might have
been called in question if this Act had not been passed.

12. The povo'ers conferred Oil the President of the UDion by sUb-seCtiOD (I) Ddcgalioa
of stion 4. sub-section (I) of section 5 and section 10 may be exercised in the of pnwerslo
Ihef>io_
like manner and subject to the like conditions by the Financial Commissioner: ""Com-
DlU)ioncs"
Provided tbat rules made by the Financial Commissioner shall be subject
to the control of the President of the Union.

THE AGRICULTURISTS LOANS ACf.

[INDIA. ACT XII. 1884.) (1st AUJUIt. 1884.)

.... _.
1-3.

1 . (I) The President or subject to tbe control of tbe PresidCllt. [tbe Po~r II>
Financial Commissioner or tbe Director. StateA&ricultural Credit]' may make
rules as to loans to be made to owners and occupiers of arable land for the
relief of distress
(lJ All such rules shall be published in the Gazelle.
)!. Every loan made in accordance with such rules. all interClt (if any) Rtconry of
loo.n).
chargeable thereon. and costs (if any) incurred in makin. or reco\'ering tbe
S!lme. shall. when they become due. be recoverable frnm the person to whotn
the IOlln was made. or from any penon who has become surety for the
repayment thereof. as if they were arrean of land-revenue or cOsts incurred
in recovering the same due by the person to whon. the loan was made or by
his surety.
,. When a loan is made under this Act to the members of a village Liability of
comnlUnity or to any other persons on such terms that all of them are jointly loilit bor-
rowe,. al
and severally bound to the Government for tbe payment of the whole amount alDonjl:
payable in respect thereof. and a statement showing the portioo of tbat tbtlJl)clvn.
amount which as among themselves each is bound to contribute is entered
upon the order @ranling the loan and is signed. marked. or sealed by each of
them or his agent duly authorized in this behalf and by the officer making
the order. that statement shall be conclusi~e evidence of the portion of tbat
amount which as among themselves each of those person. is bound to COD-
tribute.
- - ---:::::::::-,:::-----
Sllbatiluted Ad XXVII. II}SJ.
by
S"tllilllted by A.d LX. 11}S4.
In)U',,,,,mls ue\:lltcd by ~s Imlll Ious Of by thRlr SllJtlles II Iee.-Ity for tilt
:~aYll1tn 0I.lK.h 1001:1 are enn'pt from Slln'.p duty. $If Er.tft:ptioa. (lJ 10 .btiek 01.
Sdledulc I of the HUtlllll Slatrp AcL
 254

THE AGRICULTURAL PRODUCE MARKETS ACT.

[BURMA ACT XVII. 1941.] (24th May. 1941.)

Applicalion
of Act.
1. (J) This Act shall apply in the first instance only to ground-nuts and
cotton, but the Government may in accordance with the provisions of sub-
section (2) apply it to any other agricultural produce.
Power to (2) The Government may publish in not less than fOllr sllccessive issues
apply Act of the Gazette a draft notification applying the provisions of this Act to any
to otbcr
producc_ agricultural produce other than ground.nuts or cotton. Arter such publica-
tion the drart shall be laid before both Chambers of the Union Parliament
which may either confirm or reject it.
If the draft is confirmed by the Union Parliament it shall be published
as a notification and thereupon the pro...isions of this Act shall apply to the
agricultural produce specified in the notification.

Defll'itiuns. 1. (1) In this Act. unless there is anything repugnant in the subject or
context : -
(a) .. Committee" means a Markets Committee established under
section 5;
(b) "grower of agricultural produce" includes a person who grows
agricultural produce either himself or through the agency of a
tenant or servant, or a person whose main income is derived
from rents or from loan repayments in the form of produce.
but does not include a dealer or broker in agricultural produce
although he may also grow such produce;
{el .. notified area" means an area notified under section 4:
(d) .. notified agricultural produce" means such agricultural produce
as is notified under section 4;
(e) "prescribed" means prescribed by the rules or the bye-laws made
under this Act;
(f) .. regulated market" means a market established under section 5.
(2) If a question arises whether any person is or is not a grower of
agricultural produce for the purpose of this Act. the decision of tbe Deputy
Commis~ioner of the district in which the person permanently resides shall be
final.

Notification
3. (1) Subject to the provisions of section I. the Government may. after
of intC4tion consulting such local authorities as it may deem necessary. or upon a
of exercising representation made by local interests. by notification. declare its intention to
sUjlen;sioll
over pur. provide for the better regulation of the buying and selling of agricultural
chase and produce of such kind and in such area as may be specified in the notification.
sale of
aRrlculll,\ral (2) Such notification shall state that objections or suggestions which may
produce in be received by the Government within a period speCified in the notification
specilied
~. wiIl be considered by it.
 Agricultural ProducrMarli.ets. 255
4. After the expiry of the period specified in tbe notification under
section 3 and after considering sucb objecl.ions and suggestions IS may have
been received. the Government may. by notification. declare any or all of the
agricultural produce specified under section 3 to be notified agricultural
produce and the area specified under section 3 or any portion thereof 10 be
a notified area for the purposes or this Act in respect of sucb notified
agricultural produce.

5. (1) The Government shall. aCter the issue of the notification under EsiabliiQ.
ment of
section 4. establish a Markets CommiUee for every notified area. M~rtets
(2) It shall be the duty of the Committee to enforce the proyisions of C'.Qlnmitlee .
this Act and the rules and bye-laws made thereunder in such notified :lrea and.
when so required by the Government. to establish a market or markets
ther ein. providing for such facilities as the Goyernment may from time to
time direct for the purpose of regulating the purcbase and tbe sale of the
notified agricultural produce.

6. (I) From the date of the establishment of any market under section ProhibitiOn
5. or from such later date as may be specified. no ~rson sball within tbe Of Indinl
elrccpt wadtr
notified area set up. establish. or continue any place for tbe sale. or any place I~n
for the purchase. of the notified agricuhural produce except under a licence
granted by the Government or by itl authorized agent and except in
accordance with the prodsions of this Act and of the rules and bye-Jaws made
thereunder and the conditions specified in the licence.
Explanat;on.-{A) A pef1Qn shaJJ not be deemed to set up. establish or
continue. a place ror the sale of agricultural produce--
(a) if he sells only the agricultural produce resulting from his
actiYities as a grower of agricultural produce. or
(b) if he seils agricultural produce by retail in quantities not exceeding
those prescribed. or
(c) if he establishes or maintains a Dluket for such retail sale of
agricultural produce.
(8) A person shall not be deemed to set up. establish or Continlic a place
for the pur<:hase of agricultural produce if he purt:hascs agricultural produce
for his private use and in quantities not exceeding those prescribed.
(2) A licence under sub-section (I) for the sale of notified agricultural
produce within the notified area but outside a regulated market shall not be
rdused to an applicant who has stored within the notified area a larger
quantity of notified agricultural produce than such miniolUm as may be
prescribed by a rule if he undertakes-
(Q) to sell under the licence-
(j) only notified agricultural produce. which be bas slored witlliD
tbe notified area. and
(ii) only at tbe place where he has stored it. and
(iii) only in quantities not less than tbose prescribed by a rule. aDd
 256 Agricultural Prod/lu MorJuts.

(b) to employ for the purpose of such sales only brokers. weighmen.
measurers and surveyors who are Iicenlled by the Committee to
act as such.
(3) For breach or any of the conditions thereof the Government may.
on the report of the Collector of the district or of the Committee. and after
such enquiry as it may deem fit. cancel or suspend any licence granted under
sub-section (J).
Constitution '7. (J) Every Committee shall consist of ten membert. Of these five shall
of Coon- be elected by the &fowers of notified agricultural produce within the notified
mit let.
area in such manner as may be prescribed. one shall be a member nominated
by the Government. one shall be elected by the Oistdct Council of the district
in which such notified area is situated. one by the Municipality. if any. of the
notified area. and the remainder shall be elected by traders in the notified area
in such manner as may be prescribed.
(2) In the event of any or all of the constituent bodies refusing or
failing to elect members the Government shall nominate the number of
members required to represent the respective intereSlJ and make up the total
of ten.
(1) Every member shall hold office for a period of three years frorn the
date of his election or nomination as the case may be.
(4) Every Committee shall elect one of its members to be iu Chairman.

I neOl'pora- 8. Every Committee shall be a body corporate under such name as the
tion 01 Government may spttify in the notification establishing it. and shall have
COlllllllltee.
perpetual succession and a common seal. and may sue and be sued in its
corporate name. and shall be competent to acquire and hold property. both
movable and immovable. to lease. sell or otherwise transfer any movable or
immovable property which may have become vested in Or been acquired by it.
and to contract and do all other things necessary for the purpose [or which it
is established;
Provided that no Committee shall permanently transfer any immovable
property exceptjn pursuance of a resolution passed at a meeting by a majority
of three-fourths of its members and that such transfer shall be subject to the
sanction of the Government.
Sub-con;- 9. A Committee may appoint three or more of its members to form a
mittcn and sub-commiUee or a joint-committee with any other Commiuee for the conduct of
joint-cOlr.-
lllilteu ~nd any work:. or to report on any matter. or may delegate to anyone or more of its
dcle:lti....n uf members such of its powers or duties as it may think fit tor a particular
powefl.
purpose or tiDle.

Appoint. 10. (I) Subject to such rules as may be made by the Government in
Inent.and this behalf. a Committee may employ such officers and servants u may be
....lIarlet: of
Oll">een aud necessary for the management of the market and may pay such officers and
tervants of servants such salaries as it may think fit and shall have power to control and
COlnmlttee.
punisb them. A Committee may also provide for the payment 10 111 officers
 Agriculturol Produce Mark~,..

and.seTV3nts of such leave allowances. pensions. gratuities or compassionate

allowances as it may think proper; and may contribute to any provident
fund which may be established for the benefit of such officers and servantl.
(2) A Committee shalI. in the case of any officer or servant of the
Government which it employs. pay the Government such contribution toward.
pension and leave allowances of such officer or servant as may be payable
under the rules or regulations in that behalf in force for the time beina.

11. (J) Every contract enlered into by a Committee shall be in writinl Eucatlon
and shall be signed on behalf of the Committee by tbe Chairman and two &rid validity
other members thereof. "'~-
(2) No contract other than a contract executed u pro.,'ided in .ub-
section (I) shall be binding on a Committee.

n. (J) All nloneys received by. Committee sball be paid into a tund
to be called the" Markets Committee Fund": aU expenditure incurred by
the Committee under or for the purposes of this Act shall be defrayed out of
the said fund: and any surplus. remaining after such expenditure has been
met. shall be invested or disposed of in such manner as may be prescribed in
this behalf.
(2) Every Committee shall pay to the Government. out of its funds. Lbe
cost of any special or additional staff employed by the Government in
connection with Ihe Committee for giving effect to the provisions of this Act io
the notified area concerned.
(]) The Government shall determine tbe ~ost of such special or additional
staff and sball. where the staff is employed for the purposes of more than ono
Committee. appotlion such cost among the Committees concerned in sucb
manner as it tbinks fit. The decision of the Government determining tbe
amount payable by any Committee shall be final.

13. Subject to the provisions 01 section 12. tbe Markets CommittCe Ie. _bicll .........
Fund shall be expended for the followin& purposes only:- the lIl:lrtc:t
fuod rna; be
(i) the ucquisition of a site for the market; expended...
(ii) the maintenance and improvement of the market.:
(iii) the constrU<:tion and repair of buildings which are nece~ary for
the purposes of such market and for the bealth. convenience alld
safety of the persons using it: .
(iv) the provision and maintenance of standard weiahts. and meaaurcs;
(\,) the pay. pensions. leave allowances. gratuities. compaujonato
. allowances and contributions towards leave allowaoccs. pensio".
or pro~ident fund of officers and servant. employed by the
Commiuee:
(vi) expenses of and incidental to elections and meetings;
(vii) the payment of interest on loans tbat may be raised fM tM
purposes of tbe market and. the provision of a Jinking fund ia
respect of sucb loans;

17
 258 A,ricultural Produce Marhls.

(viii) the coUrction and dissemination of information regarding all

matters relating to crop statistics and marketing in respo;tof
the notified agricultural produce;
(ix) propaganda in fa,'our of agricultural improvement and thrift;
(x) the construction. repair and maintenance of means of communica-
tion which are useCul for the purposes of development of a
market or for the convenience and safety of the Fcrsens using it ;
(xi) providing comforts and facilities. such as shelter. shade. parking
accommOl.!ation and water. for the persons. draught cattle and
pack animals coming to a market. and similar other purposes;
aDd
(xii) with the previous sanction of the Government. any other purpose
which is calculated to promote the general interest of the market.

NOIr::a~ . No trade allowance. other than an allowance prescribed by rules or

allowance bye-laws made under this Act. shall be made or received in a notified area by
permi5.ible
tic-cpt .1.1 any person in any transaction in res~ct of any notified agricultural produce.
ibed
t',.C:~es or and no civil Court shall. in any suit or proceeding arising out of any such
b)'C-la.... transaction. h:.....e regard to any trade allowance not so prescri~d.

....._.
P_to 15, (I) Every Committee may. with the previous sanction of the Govern-
ment. raise the money u.quired for carrying out the purposes for which it is
established OD the security of any property vested in and belonging to the
Committee.
(2) A Committee may. for the purpose of meeting the initial expenditure
on lands. buildings and equipment required for establishing 11 Dlarket. obtain a
loan from the Governmenl.
(3) The conditions under which such money or loan shall be raised and
the time within which the same shall be repayable shall be subject to the
previous sanction of the Government .

SilpersHfloo 6. (I) If. in the opinion of tbe Government. a Committee is not com-
fA Com- petent to perform. or persistently makes default in performing. the duties
mittee. imposed on it by or under this Act. or exceeds or abuses its powers. the
"Government may. by notification. declare such Committee to be incompetent
or in default or to have exceeded or abused its powers. as the case may be.
and may supersede it : pro\'ided that before issuing a notification under tbis
sub-section. the Government shall give a reasonable opportunity to the
Committee for showing cause against the proFosal and shall consider the
explanations and objections. if any. of tbe laid Comnlittee.
. (Z) Upon the publication of a notification under subsec:tion (I)
supersedina a Committee the following consequences sball ensue. namely :_
(11) all members as well as tbe Cbairman of the Committee shall. u
from the date of sucb publication. be deemed to bave vacated
tbeir offices; .
 Agricultural Produce Markets. 259
(b) the Government may. at its discretion. b)' order. either ~constitute
a new Conlmittee under section 5. or make such arrangements
for the carrying out of the functions of the Committee. as it
may think 6t ; aDd
(d all the assets vested in the Committee shall. subject to all its
liabilities. "est in the Government.
(1) An order under clause (b) of sub-section (2) shall have the effect of
transferring all the assets and liabilities of the Committee. as on the date of
such order. to the new Committee constituted under section S or to the person
Or persons. if any. appointed for carrying out the functions of the Committee.
as the case n\ay be.
(4) If the Government does not pass an order under clause (b) of sub-
seetion (2) it shaH transfer all the assets of the Committee which remain after
satisfaction of all its liabilities to the local authority within whose jurisdiction
the notified area is situated. or if there is more than one tuch local authority.
to each of such authorities in such proportion as the Governmenl may
determine.
(5) Any local authority to which any assets have been transferred under
sub.section (4) shall employ such assets for an object of public utility in the
notified area.
17. Whoever. in contravention of this Act. sets up. establishes or con- Pdialtl....
tinues any place for the purpose of purchase or sale of agdcuhural produce.
or violates the conditions under which be bas been allowed to set up. establish
or continue any such place for the purchase or sale of agricultural produce.
shall. on conviction by a Magistrate. be punished with fine which may extend
to five hundred r<lpees. and. in case of a continuing breach of the provisions
of section 6. withfine which may extend to one hundred rupee. for each day
after tbe lirst during which the breach continues.
18. (I) The Government may. for any notified area or areas. make rule. R8tcuo
consistent with [his Act for carrying out all or any of the purposes thereof.
(2) In particular. and without prejudice to the generality of the foregoins
power. such rules nlay prO\'ide for or regulate-
(D the maxima and minima under section 6 ;
(ii) the election and nomination of members of a Committee. lhe
manner of election. the preparation and revision of lists of
voters from time to time. and the payment of all expenditure
in connection with. or incidental to. such election"
(iii) the election of the Chairman of a Committee and the term of
his office ;
(iv) the filling of casual vacancies in the office of Chairman or
member of a Committee;
tv) the powers to be excrcised by a Committee :
(vi) the managcment of markets and the prescribing of fcos by a
Committee and. subject to the provi!ion. of thit ~C. cito ~I~ ..
tion and disposal of such fees ;
260 Agricultural Produce Markets.

(di) the issue. by a CommiUee, of licences to brokers, weighmen.

measurerS. surveyors. warehousemen. and other persons using the
markets. the form in which. and the conditions under which.
such licences shall be issued. and the fees to be charged for
such licences ;
(viii) tbe"place or places at which notified agricultural produce shall be
weighed or measured. and the kind and description of the scales.
weights and measures to be used within the notified a.rea ;
(ix) the periodical inspection. verification and correction of all scales.
weights and measures in use within the notified area;
(x) the trade allowances which may be made or received by any person
in any transaction in any notified agricultural produce in the
notified area:
(xi) the provision of facilities for the settlement of any dispute
between a buyer and a seller of notified agricultural produce or
their agents. including disputes regarding the quality or weight
of the produce. allowances for wrappings. dirt or impurities
and deductions from any cause:
(xii) ihe prohibition of brokers from acting in any transaction on behalf
of both tho: buyer and seller of a notified agricultural produce;
(xiii) the provision of accommodation for the storage of any notified
agricultural produce brought into markets and the charges to be
levied therefor:
(xiv) the preparation of plans and estimates for works proposed to be
constructed partly or wholly at the expense of a Committee,
and the grant of sanction to such plans and estimates:
(xv) tbe form in which the accounts of a Committee ~all be kept and
the publication of such accounts:
(xvi) the preparation and submission for sanction of the annual budget
and report and returns to be furnished by a Committee :
(xvii) the investment and disposal of any surplus funds of a Committee ;
(xviii) the time. place and manner in which the money is to be paid
to the seller;
(xix) the manner in which auctions shall be conducted and bids made
and accepted in any market: and
(xx) generally for the guidance of Committees.
(). Any sucb rules may provide tbat any contravention thereOf or of any
of the conditions of any licence issued thereunder shall. on conviction by a
Magistrate. be punishable with tine which may extend to two hundred rupees.
(4) All rules shall be made after previous publication and shall. when
made. be laid before both Chambers of tbe Union Parliament at least ten days
before tbe end of a session.
(5J If both Chambers of the Union Parliament agree in the same or the
following session in making any modification in any (ule or agree that the
rule should not be made. the rule shall thereafter have effect only in such
modified torm or shall be rcsc:inded. as the case may be
 Agricultural Produce Mtukel3. 261

.,. Subject to any rules made by Government under the precedint'sectioD

and with the previous sanction of the Deputy Commissioner of tbe district. a
.,.......
Committee may. in respect of a market under its m.nagement. make bye-law.
for the regulation of the business and the conditions of trading therein ud
may provide that contrnention thereof shall. on conviction by a Magistrate.
be punishable with tine which may extend to tifty rupee~

11. (J) No offence made punishable by thi, Act or any rule or byelaw TrbI 01
made thereunder shall be lried by a Court inferior to that of a Disttict oIIcaea.
Magistrate or a Magistrate of the tirst class.
(2l All fines recovered from an offender lhall be paid to the Committee,
(3) Prosecutions under this Act may be instituted by any persoa .duly
authorized in writing by the Committee in this behalf.

11. AU sums due from a Committee to the Government may be recovered

in the same manner as arrears of land-revenue.

THE CANAL ACT.

CONTENTS.

CHAPTER I.
PRELIMINARY.
StctionJ.
12.
3. Definitions.
4. Application of Act to village canals and village drainase......orks.
S. Power to appoint officers.
Power to invest any person with powers of Collector.

CHAPTER II.

OF THE ApPLICATION OP WA,TE.. FOil PUBLIC Pu'UOSES.

6. Notification 10 issue when water-supply is 10 be applied for .. Liublic

purpose.
7. Powers of Canal-officer..
8. Notice as to claims for compensation.
9. Damage for which compensation shall not be awarded.
Matten in respect of which compeDSation may be awarded.
262 Canal.

Sections.
l(),. Limitation of' claims.
1t. Enquiry into claims and amount of compensation.

OF THE CONSTRUCTION AND MAINTENA!'\CE OF WORKS.

12. Sanction of Collector necessary before construction of irrigation work

in notified rivers. etc.
13. Power to entcr and survey. etc.
Power to inspect and regulate water-supply.
14. Power to enter upon lands and construct water-course.
15. Compensation for damage cau~d by entry under section 13 or 14.
Notice of intended entry into house. etc., under section I J or 14
16. Cost of water-courses constructed under ~cction 14 and of water-courses
constructed before Act camt into force.
17~ Alteration of water-courses.
18. Power to entcr for repairs and to prevent accidents.
Compensation for damage to land.
19. Power to occupy land acJj~cent to canal for depositing soil from canal
and to excavate carth.
20. Special f'orms of compensation for land required under Act..
21. Application by persons desiring to usc canalwater.
Contents of application.
Liability of applicants for cost of worls.
Recovery of amount due.
22. Government to provide means of crossing canals.
23. Persons using water-course to construct works for passing water
across roads. etc.
If they fail. Canal-officer may construct ~nd recover cost.
24~ Adjustment of claims between persons jointlyusing water-course.
Recovery of amount found due. ~.
25. Supply of water through intervening water-course.
26. Application for construction of new water-course.
27. Procedure of Canal-officer thereupon.
28. Application for transh'r of existing water-course.
Procedure thereupon.
29. Objections to construction or transfer applied for.
'30. When applicant may be placed in occupation.
31. Procedure when objection is held valid.
32. Procedure when Canalofficer disagrees with the Collector.
33. Expenses to be paid by applicant before receiving occupation.
Procedure in fixing compensation.
Recovery of compensation and expenses.
 Canal.
Sections.
34. Conditions binding on applicant placed in occ:upatioD.
35. Procedure applicable to occupation for extensions and alteratioDs_
36. COS[ of wilful damage to. or enlargement of. outlet.
31. Power to convert several water-courses running for a long distance
side by side into one water.course. provided it does not diminiJh
the supply to any o[ the owners.

. CHAPTER IV.

OF THE SUPPLY Of WAn.

38. In absence of written contract. wateNupply to be lubject to rules.

39. Conditions as to-
(0) power to stop water-supply ;
(b) claims to compensation in caao of failure or ltoppa,e of
supply:
(c) claims on account of interruption from other cauao. ;
(d) duration of supply;
te) sale or subletting of right to use canal-water;
transfer with land of contracts for water ;
(I) bar to accrual of rights by user.

CHAPTER V.

OF W"TER-RATES.

40. Liability in the case of the unauthorized uao of the water of a

canal.
41. Liability when person using water-course unauthorizcdly cunot be
identified.
42. Liability when water runs to waste.
43. Charges recoverable in addition to penalties.
Decision of questions under section 40. 41 or 4Z.
44; Charge on occupier for water. how delermined.
Recovery of Charge,_
45. Such charge recoverable as land-revenue.

CHAPTER VI.
VILLAGE CANALS AND VILLAGE DRAINAGE-WO.ItS.

46. Application of Cbapter VI to village canall and village drain.

works only.
41. Record respecting village canals and village drainage-works.
48. Power to record statement in respect of projected village cualra and
\lillage drainage--works.
 Canal.

S~ctions.
49. Power to make rules.
50. Application of other provisions of Act to village canals and village
drainage-works.
51: Power of President to assume control of village canals or village
drainage-works.
51A. Recovery or arrears.

CHAPTER VII.

OF C"I'AL NAVIGATION .

52. Tolls to be levied from vessels using the canal.

53. Power to detain \:essels violating rules.
Liability of owner of vessel causing damage.
54. Power to detain vessel on failure to pay tolls or charges.
55. Power to seize cargo or goods if charges due thereon arc not paid.
56. Power to sell property seized under section 54 or 55.
57. Procedure in respect of vessels abandoned and goods unclaimed.
Power to sell. .
Disposal of proceeds or sale.
58. Power to effect earlier sale of perishable property.

CHAPTER VIII.

Of DRAINAGE.

59.. Power to declare river. etc . to be drainage-work.

60. Power to prohibit or regulate obstructions in drainage-work.
61. Preparation of schemes for works of improvement.
62. Powers of persons employed on such schemes.
63. Rate on lands benefited by worles.
64. Recovery of rate.
65. Disposal of claims to compensation.
Limitation of such claims.

CHAPTER IX.

Op OBTAINING LABOUR FOR CANALS AND DRAINAGE-Wons.

.66.' . Power to prescribe number of labourers to be supplied by

.headmen of vil1ages benefited by canal.
67. frocedure for obtaining labour and materials for works urgently
required_
68. hyment for labour impressed and materials taken.
69. Compensation for damage done in tak.ing materials..
Sft:tiOfU.
70. Power to apply provisions of Chapter to construction of .ater-
courses.
71. Power to apply foregoing provisions to effect annualsilt-elearancel.

CHAPTER X.

OF lUI.ISDIct10H.

72. Jurisdiction under this Act of civil Couru.

73. Settlement of differences as to mutual rights and liabilitiCJ of
persons intecested in water..c:ourse.
74. POwer to summon and examine witneues.

CHAPTER XI.

OF OFFENCES AND PSNALTIES.

75. Penalty for offences under Act

76. Compensation to person injured.
17_ Recovery of fines for offences in navigating canal.
78. Power to arrest without warrant.

CHAPTER XII.
SUPPLUlENT....y PJ.OVISIOHS.

Rula,
79- Power to make rules,
Power to attach penalty.
Publieation of rules.
Lm;nB of Tolls 0' other Charges le"ViQble under Jhi$ Act.
80. Letting of 101ls or other charres by public auction.
81.. Recovery of rent,.
82. By whom sums recoverable.

mE CANAL ACT.

[BURMA Acr II. 19O5..] (22nd April. IOOS,.)

WHEREAS. throughout the terrhories to which this Act cxtends. the Prn.Bwe.
Governm~nt is entitled to use and control for public purposes the water of
all rivers and streams flowing in natural channels and of all lalees and other
natural COllections of still water. and to assume lhe control and undertake in
~hole or in part the maintenance of any worle desixned- tor irrigatioa.
drainage or protection against ftoods or against erosion. upon such termJ. if
 266 Canal.

any. as to compensation as it deems just. whenever it appear. to be necessary

in the public interest to do so: and whereas it is expedient to amend the Jaw
relating to irrigation. navigation and drainage in the said territoriel: It i.
hereby enacted as follows ;-
CHAPTER I.
PRElIMIHAU.
11.
3. In this Act. unless there is anything repugnant in the subject or
context.-
"~nll." (I) .. canal" inc:ludes-
(a) all canals. channels and reservoirs constructed. maintained or
controlled by the Government {or the supply or storilge of
water:
(b) all works. embankments. structures. supply and escape channels
connected with such canals, channels or reservoirs :
(d all lands occupied by the Government for the purposes of such
canals. and all buildings. machinery. fences. gates and other
erectionl, trees, crops. plantations or other produce occupied
by or belonging to the Go\crmnent. upon such land:
(d) all water-courses as defined in the third sub-section of this
section:
(eo) any part of a river. stream. lake or natural collection of water
or natural draina;e-channel. to which the President of the
Union has applied the provisions of Chapter II of this Act;
"VlIbj' (2) .. village canal" means a canal. channel or reservoir declared by
~Il.' the Collector to be a village canal for the purposes of this Act.
"Water. (3) .. water,course" means any channel which is supplied with water
C'ourae." from a canal, but which is not maintained at the cost of Govern-
menl. and all subsidiary works belonging to such channel;
"Drai"ae t ("') .. drainage-work" inc:ludes escape channels from a canal. dams.
work." weirs. embankments. sluices, groins and other works for the
protection of lands from flood Of from erosion, formed or
maintained by the Government under Ihe provisions of Chapter
VIII of this Act, but does not include works for the removal of
sewage fronl towns;
"VilIlgt ("'a) .. village drainage-work" means an)' drainage-work declared b)'
dralnl"- the Collector to be a village drainage-work for the purposcs of
work.'
this Act;
'V:_l." (.n .. Yessel includes boats, rafts, timber and other floating bodies:
It

"CalllL1- (6J .. Canal-officer" means an officer appointed by the President of the

officer." Union to exercise conlrol over a canal or any part thereof;
"Sullerin- (7) .. Superintending Canal-officer" means an officer exercising general
tnadine
........
Can.I control over a canal or part ot a canal :
 CaMI. 267
(8) "Divisional Canal-officer" mean. an officer eaucisina control over "Diri"-1
a division of a canal ;
"""'.
0III50a-."
(9) "Subdivisional Canal-officer" means an officer exe:i.iog control
"Subdlvl-
over a subdivision of a canal; Iional CaaaI-
olliur"
(/O) "district" means a district as fixed for revenue pu.rposes: aDd "Dj,tric:t."
(II) "water-rate" as used in section 41 (I) (d includCl rates for "Wat._
irrigation or drainage-works. rate."

. 4. The provisions of Chapters II to V and VII to XI .baU apply to Appllcatk!a

vdlage canals and village drainage-works only in tbe manner and to the extent of Acl19
villaaealllaia
provided in Chapter VI. and viUa.r;e
dni~e
.~.

5. (n The PrC5ident of the Union n18Y from time to tiole declare. by J'll,Wft" 10
a(lpOint
notification. the officers by whom. and tbe local limits within which. aU or any oeeen.
of the powers or duties hereinafter conferred or imposed sball be exercised
or performed.

be. respectively. subject to the orders of such officers a.

All officers mentioned in section 3. sub-sections (6). (7). (8) and (9)hall
the President of tbe
Union from time to time directs.
(l) The President of tbe Union may. by notification. confer on any penon
all or any of the powers of a Collector under tbis Act and the rules thereunder.
_.10
inval.y
ptflOn witb
powet't cl
CoUeclor

. CHAPTER Il.
0' THE ApPLICATION OF WATU FOll. PUBLIC PuIP05S.

6. Whenever it appears expedient Co the President of the Union tbat the Noti6<:Mloa
water of any river or stream flowing in a natur.lI channel. or of any lake or til blue when
waleroSuppl,.
other natural collection of still water. should be applied or used by the Govern- ;110 be
ment for the purpose of any existing or projected canal or drainage-work. tbe applied (or a
President of Ihe Union may. by notification. declare that the said water will
be so applied or wed after a day to be named in the said notification not beinl
........
Jlllblic

earlier than three months from tbe date tbereof.

,. At any time after tbe day so named. any Canal-officer, acting under
the orders of the President of the Union in this behalf, may enter on any land
and remove any obstructions. and may close any channels and do any other
thing necessary or proper for such application or use of tbe said water.

t. As soon as is practicable after the issue of such notification. the

ColJector shall caUJe public notice to be given at convenient places. statinl !ba.t
 268 Canal.

the Government intends to apply or use the said water as aforesaid. and that
claims for compensation in respect of the matters mentioned in section 9 may
be made before him.

D.,m~lefQf 9. No compensation shall be awarded for any damage caused by_

which 1m-
rcns.,tioll (a) stoppage or diminution of percolation or floods;
shall not be: (b) deterioration of climate or soil ;
awarded.
(d stoppage of navigation or of the means of floating timber or
watering cattle :
(d) displacement of labour.
Mattef$ in But compensation may be awarded in respect of aoy of the following
respect of matters :-
which 1m-
penlation (e) stoppage or diminution of supply of water through any natural
may be:
awankd. channel to any defined artificial channel. whether above or under
ground. in use at the date of the said notification ;
(I) stoppage or diminution of supply of water to any wOrk erecled for
purposes of profit on any channel. whether natural or artificial.
in use at the date of the said notification;
(g) stoppage or diminution of supply of water through any natural
, channel which has been used for purposes of irrigation within the
five years next before the date of the said notification;
(h) damage done in respect of any right to a water-course or the
use of any water to which any person is entitled under the
Limitation Act;
(i) any other substantial damage to property. nol falling under any of
the above (:Iauses (a). (b). (d or (d). and c3u.sed by the exercise
of the powers conferred by this Act. which is capable of
being ascertained and estimated at the time of awarding such
compensation.
In determining the amount of such compensation. regard shall be had to
tbe diminution in Ihe market-value. at the time of awarding compensation. of
the property in respect of which compensation is claimed: and where such
market-value is not ascertainable. the amount shall be reckoned al twelve times
the amount of the diminution of the annual nett profits of such property caused
by the exercise of the powers conferred by this Act.
No right to any lucb supply of water as is referred to in clause (e). (0 or
(,) of this section in respect of a work or channel not in use at the date of tbe
notification shall be. or be deemed til have been. acquired as against
the Government except by grant or under the Limitation Act.
And no right to any of lbe advantages referred to in clauses (a). {b} and (d
of this section shall be acquired as against the Government under the same Act.

Umlt;llkm 10. No claim for compensation for any such stoppage. diminution or
01 elai .... damage shall be entertained after Tbe t1tpiration of one year frOm such stoppage.
diminution or damage. unless the Collector is salisfied that the claimant had
.u.ffi.cient cause for not making the claim within such period.
 CaTUJ1. 269
n. The Collector shall proceed to enquire into any such claim. and to EaquirJ into
determine the amount of compensation. if any. which should be siven to tbe c:Iaimsand lImouat 01
claimant: and sections nine to fourteen (inclusive). eighteen to twenty-two eompensa-
(inclusive). twenty-five to thirty-one (inclusive). thirty-four. forty-five. litty-one"'"'.
to fifty-five (inclusive). of the Land Acquisition Act shaUapply to sucb enquiries.

CHAPTER III.

OF mE CoNSTRUcnON AND MAIKTENANCE OP Wons.

12. On such parts of any river. stream. Jake or natural collection of water SandiOD 01
as the President of the Union may. by notification. declare to be within the ~~=
provisions of tbis section. no person shall conSlruct any dam. weir. embankment. before cc..
sluice. channel or other worl: for purposes of irrigation without.the previow =:~
sanction of the Collector. work in
oolJfi<d
rifcn, etc.

13. Any Canat-officer. or other person acting under the general or special p_to
order of a Canal-off.cer. may enter upon any lands adjacent to or in tbe enler ..,d
w~J.dc:.
neighbourhood of any canal or through which any canal is proposed to be made.
and undertake surveys or levels thereon ;
and dig and bore iota the sub-soil; and make and set up suitable land-
marks. level-marks and water-gauges;
and do all other acts necessary for the proper prosecution of any enquiry
relating to any existing or projected canal under the charge of the said
Canal-officer;
and may also enter upon any land. building or water<ourse on account ........
of which any water-rate is chargeable. for the purpose of inspecting Or regulating iaspt aa4
replate
the use of the water supplied. or of measuring the lands irrigated thereby or wlIler-
chargeable with a water-rate. and of doing aU things necessary for tbe pro pee sUrPIJ.
regulation and management of such canal.
14. A Canal-officec appointed by the Divisional Canal-officer in this bebalf POWt:T to
may. at any time during the construction of a canal or after it. completion. enter upon
~dsand
enter upon any lands in the neighbourhood of such canal and align and COn.truct c:onltruc:t:
such water-courses thereon as he may deem necessary. water'
......._
,c_
15, (J) In every case of entry under sectinn 13 or section 14, the Canal-
lion t~
off:cer or other person making such entry shall at the time of s\ICb entry tender damage
compensation for any damage which Olay be occasioned by any proceeding e:auKd by
umIer
undec such section; and in case of dispute as to the .ufficiency of the aOiount entry
Icction tJ
50 tendered. he shall forthwith refer tbe'same foe decision by the Collector. or t4.
and such decision sball be final :
Provided that no compensation other tban thai for damage to trea or
standing crops shall be...payable in re.pect of ltl)' land to be oec:upied byl
 270 Canal.

water-course. if the land immediately adjacent thereto on either side will be

entitled to irrigation from the 5aid water-course and is also the propeny of the
owner of the land to be so occupied.
Notice 01 (2) If any Canal.officer or other person. in exercise of powers confended
inlended
cDt!)' Into
by section 13 or section 14. proposes to enter into any building or enclosecd
boo". de court or garden attached to a dwelling-house not supplied with water flowing
='"
Hl:linn I) from any canal. he shall previously give the occupier of such building. court or
or 14. garden at leut seven days' notice in writing of bis intention to do 10.

CM""
wattr- 16. The cost of any water-courses constructed under section 14 and of any
course, water-courses constructed or in the course of being constructed before the 22nd
constructed April. 1905.' shall be chargeable to the owners or occupiers of lands to which
uncler
section 14 water is supplied from such water-courses in such proportion according to the
and 01 waler_
C(lW'lU
area of land 10 supplied and in such manner as the Divisional Canal-officer may
eo<>strllelld determine.
bdore Act Any portion of sucb cost becoming due and not paid shall be recoverable
,_.
arne jllto
as if it were an arrear of landrevenue.
For the purposes of this section" cost" means the cost of construction and
includes all sums of money that have been paid or that may be payable by way
of compensation. alI such interest charges as may be ordered by the President
of the Union in accordance .... ith financial rules and all collection charges.
Any order passed by a Divisional Canal-officer under this section
shall be subject to appeal to the Superintending Canal-officer. whose decision
shall be final :
Provided tbat this section shalt apply to water-courses constructed or in
the course of being constructed before the ZZnd April. 1905.' only if such
walcr-coUtsCS might have been constructed under the provisions of section 14
if this Act had been in (orce.

Alll:ratlnn 01 17. No water-course to whicb tbe provisions of section 16 applies may be

waitt_
CO.... Ie altered without the consent of tbe Divisional Canal.officer.

Powtr to II. In cue of any accident happening or being apprehended to. canal.
enle. lor
repal and or in caSt of urgency wben any new work is immediately required to prevent
to preo'mt
acc:idc!lll.
serious detriment to the efficiency of a canal. or whenever necessary for the
proper maintenance of a canal. any Divisional Canal.officer or any perlOn
acting under his general or special orden in tbis behalf may enter upon any
iands adjacent to. or in the neighbourhood of. such Canal. and may execute all
works whicb may be necessary for the purpose of repairing or preventing slltb
accident or for constructing any new work in case o( urgency or for the proper
maintenance of the canal.
I O;llc 0( co:nmcnurpenl 01 lhi.Act.
 Canol. 211
In every such case: such Canal-officer or person .han tender compensation
to the proprietors or occupiers of the said lands for all damage done to the """'......
1100 fIX .
same. If such tender is not accepted. the Canal-officer shall refer the matter
to the Col!ector. who shall proceed to award compensation for the damaae a.
,.....
damacc to

though the President of the Union had directed the occupation of the land
Ul'Ider section 35 of the Land Aequi.ition Aet.

-.
1'. The Divi.ional Canal-officer. or any person acting under hi. general or OCI;Upybali
special orders in this behalf. may. within such distance from the canal u the ad#o:cnl
..
10
President of the Union may by rule (made in accordance with the provision. 4nal fOC'
d~poItllilllA
of section 79) determine. enter upon land and-
(i) deposit upon it soil excavated from the canal. or canal
""1
from
and
lo.,zeanle
(ii) excavate from it earth for repairs to the banks of a canal. cartb.,
Compensation shall. in such cases. be tendered or awarded in the manner
pro\'ided by section 18 :
Provided that no compensation shall be payable on aCcount of the excava-
tion of land to a depth of not more than one foot for the purpose of repairs
to the bank of any canal. unless such excavation is made on the site of a
previous excavation. or cauSC$ damage to crops or things attached to the land.
or unlits the land. or renders it less fit. for the purpose to which it wu
applied before the excavation.

20. (I) When any land or the usc thereof is required tor canal purpolCl
either temporarily or permanently. the officer asselSing compensation therefor
shall. in addition to any powers held by him under this Act or under the
Land Acquisition Act. have power. subject to the general or special sanction
of the President of the Union and the consent of the person entitled to
compensation.-
(a) to direct that the rights to the land and the Ule lbereof shallconainue
in luch claimant. subject to a right of user. so lona as it may be
required. for the purposes of the canal or water-course on
payment of the compensation awarded tor such right of user only:
(b) to confer on the claimant. in lieu of or u part of atIy compensa~
tion. a right to a supply of water from the canal.
(2) Subject to the conditions of any award or order made under sub'lIClCtion
(I). clause (a) or (b). the porson entitled to the land may. if the land has been
occupied for canal purposes for a period exceeding three yearl. request !~
Collector to malee a complete acquisition of the land under tbe Land Acqwll'
tion Act. and the land sball be acquired accordingly.
21. AJJy persons desiring to use tbe water of any canal mar
~~Iy iA
writing to the Divisional or Subdh'isional Canal-o~eJ' of tbe .dIVlSlOD Of
subdivision of the canal hom which the water-course II to besupphed.requeet
iDg such officer to construct or improve a water-course: _. abe cost of t.bt
applicants.
 272 Canal.

Contents of The application shall state the works to be undertaken. their approximate
application. estimated cost. or the amount which the applicants are willing to pay for the
same. or whether they engage to pay the actual cost as settled by the Divi-
sional Canal-officer. and how the payment is to be made.
Liability of When the assent of the Superintending Canal-officer is given to such
appileants application. all the applicants shall be jointly anu severally liable for the cost
for COlIt of
WQI'Iu. of such works to the extent mentioned therein. or if the applicants have
engaged to pay the actual cost. for such actual cost.
Recovery of Any amount so becoming due under the terms of such application and
amount due. not paid on or before the date on which it becomes due shall be recoverable
as if it were an arrear of land-re\'enue.

Government
to provide
:U. There shall be provided. at the cost of Government. suitable means
mean. of of crossing canals constructed or maintained at the cost of Government at
crOising such places as the President of the Union thinks necessary for the reasonable
can;l.]
convenience of the inhabitants of the adjacent lands.
On recei.. ing a statement in writing signed by not less than five of the
owners of such lands to the effect that suitable' crossings have not been
provided on any canal. the Collector shall cause enquiry to be made into the
circumstances of the case. and if he thinks that the statement is established. be
shall report his opinion thereon for the consideration of the President of the
Union. and the President of the Union shall cause such measures in reference
thereto to be taken as he thinks proper.

~s :ZJ. The Divisional Canal-officer may issue an order to the persons using
"'Img water-
OOIIrlC to
. . I
: any water-course to construct SUitable bndges. cu verts or other works for the
conltruet passage of the water of such water-course across any public road. canal or
works
palSlngfor d '
ramage-c h
annei 'In use k-f
"'" are t he
sal'd watercourse was mad '
e. or to repatr
water across any such works.
road ck. Such order shall specify a rea~onable.period within which such construc-
tion or repairs shall be completed;
and if. after the receipt of such order. the persons to whom it is
1 they fail.
CanaJ.oftker addressed do not. within the said period. construct or repair such works to the
may con satisfaction of the said Canal-officer. he may. with the previous approval of
struct: the Superintending Canal-officer. himself construct or repair the same;
and if the said persons do not. when so required. pay the cost of such
and recover construction or repairs as declared by the Divisional Canal-officer. the amount
~l. s.hall be recoverable from them as if it were an arrear of land-revenue.

AdjustlTlmt %4. If any person. jointly responsible with others for the construction or
of claims maintenance of a water-course. or jointly making use of a water-course with
bet.,wUD.
persons others. neglects or refu$CS to pay his share of the cost of such construction or
jointly UliDg maintenance. or to execute his share or any work necessary for such construc-
water'; .
courli. tion or maintenance. the Divisional or Subdivisional Canal-officer. on receiving
an application in writing fronl any person injured by such neglect or refusal.
sball serve notice on all parties (:oncerned that. 011 the expiration of lifteel1
 Canal. Z73
days from the service. he will investigate the case ; and shall. on the expira-
tion of that period. in~estigate the case accordingly. and make such order
thereon as to him seems tit.
Such order shall be appealable to the Superintending Canal-officer. whose
order thereon shall be final.
Any sum directed by such order to be paid within a specified period may. Retonry of
amOl:lI1
if not paid within such period lind if the order remains in force. be recovered found dllC.
from the person directed to pay the same. as if it were an arrear of land-revenue.

15. Wbtnevcr application is made to a Dil;sionaJ CanaJ-officcr for a Sappl, of

waler
supp!)' of water from a canal and it appears to him expedient that such supply thrOl.lKb
should be given and that it should be conve)'ed through some existing water- illlcncninl
w;tlcT-o;oorllt.
course. he shall give notice to the persons responsible for the maintenance of
such watercourse to show cause. on a day nol less than fourteen days from
the date of such notice. why the said supply should not be so conveyed; and
after making enquiry on such day. the Divisional Canal-officer shall determine
whether and on what conditions the said supply shall be conveyed through
such watercourse.
When such officer determines that a supply of canal-water may be conveyed
through any water-course as aforesaid. his decision shall. when confirmed or
modified by the Superintending Canal-officer. be binding on the applicant and
also on the persons responsible for the nlaintenancc of the said water-course.
Such applicant shall nol be entitled to usc such water-course until he has
paid the expense of any alteration of such water-course necessary in order to
his being supplied through it. and also such share of the first cost of such
water-course as the Divisional or Superintending Canal-officer may determine.
Such applicant shall also be liable for his share of the cost of thG
maintenance of such wller-course so long as he uses it.

16. Any person desiring the construction of a new water-course may Applkalioa
apply in writing to the Divisional Canal-officer. stating- ::.. ':'~=-
lil that he has endeavoured unsuccessfully to acquire. from the owocrs ...... lc~
of the land through which he desires such water-course to pau.
a right to occupy so much of the land as win be needed for
such water-course :
(ii) that he desires the said Canal-officer. in his behalf and at hi'
cost. to do all things necessary for acquiring such right; and
(iii) that he is able to defray all cost involved in acquirinc sucb riabt
and constructing such water-course.

11. If the Di...isional Canal-officer considers-

(i) that the construction of such water-course is expedient. and
(ii) that the statements in the application are true.
he shall call upon the applicant to make such deposit as the Divisional Canal-
officer considers necessary to defray the cost of the preliminary proccedinp.

18
 274 Canal.

and the amount of any compensation which he considers likely to become due
under seclion 33 :
and, upon such deposit being nlade. he shall cause enquiry to be made.
into the most suitable alignment for the said water-course and shall mark out
the land which, in his opinion. it will be necessary to occupy for the
construction thereof, and shall forthwith publish a notice in every village
through which the water-course is proposed to be taken that so much of such
land as belongs to such village has been so marked out. and shall scnd a copy
of such notice to the Collector of every district in which any part of such
land is ,ituate.

Applieation 18. Any person desiring that an existing water-course should be trans-
for IraMfcr ferred from its present owner to himself may apply in writing to the Divisional
of .",illing
water-
~_.
Canal-officer. stating-
(i) that he has endeavoured unsuccessfully to procure such transfer
from the owner of such water-course :
(ii) that he desires the said Canal-officer. in his behalf and at his cost
to do all things necessary for procuring such transfer:
(iii) that he is able to defray the cost of such transfer.
PrOCcdurc If the Divisional Canalofficer considers-
thc",upoll.
(a) that the said transfer is necessary for the better management of
the irrigation from such water-course. and
(6) that the statements in the application are true.
he shall call upon the applicant to make such deposit as the Divisional Canal-
officer considers necessary 10 defray the cost of the preliminary proceedings.
and the amounl of any compensation that may become due under the provisions
of ~tion 33 in respect of such transfer;
and. upon such deposit being mnde. he shall publish a notice of the
application in every village. and shall send a copy of the notice to the Collector
of every district. through which such water-course passes.

Objections 29. Within thirty days from the publication of a notice under section 27
10 con.tNt- or $Cction 28. as the case may be. any person interested in the land or water-
Hon or trans-
f applicd course to which the notice refers may apply to the Collector by petition.
1M. stating his Objection to the construction or transfer for which application has
been made.
The Collector may either reject the petition or may proceed to enquire
into the validity of the objection. giving previous notice to the Divisional
Canal-officer of the place aDd time at which such enquiry will be held.
The Collector shall record in writing aU orders passed by him under this
!cction and the grounds thereof.

Wilen a~. 38. If no such objection is made. or (where such objection is made) if
cant may tbe Collector overrules it. be shall give notice to tbe Divisional Canal..qlfieer
 Canal. 27.
to that effect. and shall proceed forthwith to place the said applicant in be placed in
occupation of the land marked out or of the water-cour~e to be transferred. llCCupaliOll.
as the case may be.

31. If the Collector considers any objection made as aforesaid to be Procedure

valid, he shall inform the Divisional Canal-officer accordingly; and if such whln objQ;-
Hon i~ held
officer sees fit. he may. in the case of an application under section 26. alter valid.
the bounduies of the land so mar,ked out. and may give fresh notice under
section 27: and the procedure hereinbefore pro..ided shall be applicable to
such notice, and the Collector shall thereupon proceed as before provided.

32. If the Canal-officer disagrees with the Collector, the matter shall be Procednre
referred for decision to the Commissioner. when Canal-
officer dis_
Such decision shall be final. and the Collector. if he is so directed by agree. with
such decision. shall. subject to the pro'~isions of section 33. cause the said the CoUeo;;lor.

applicant to be placed in occupation of the land so marked out or the water-

coune to be transferred. as the case may be.

33. No such applicant shall be placed in occupation of such land or ElIp:naea 10

water-course until he has paid to the person named by the Collector such be paid by
applicant
amOUnl as the Collector determines to be due as compensation for the land bdoc.
or water-course so occupied or transferred. and for any damage caused by reech'Ill-1!
the marking out or occupation of such land. together with all expenses OCCuration .
incidental to such occupation or transfer.
In deternlining the compensation to be made under this section. the PrOOfdure in
Collector shall proceed under the provisions of the Land Acquisition Act. f,Iling com_
but he may. if the person to be compensated so desire. award such compensa- pmsalion.
tion in the form of a rent-charge payable in respect of the land or water-
course occupied or transferred.
If such compensation and expens;s lire not paid when demand':d by the Recovery
person entitled to receive the same. the amount may be recovered as if it were of compen_
an arrear of land-revenue. and shall. when recovered. be paid to the person .alion and
upenbel.
entitled to receive the same.

34. When any such applicant is placed in occupation of land or of 'a Conditions
water-course as aforesaid. the following rules and conditions shall be binding binding on
applicant
on him and his representati\'es in interest :~ pl;a.;ed in
occupation_
Fjrst.~AII works necessary for the passage. across such water-Course.
or water-courses existi.ng pre\-ious to its construction and of the
drainage intercepted by it, and for affording proper communica-
tions across it for the convenience of the neighbourinslands.
shall be constructed by the applicant. and be maintained by him
or his representative in intere~t to the ~..~!,fllctioD of the Vi,~,
sionl:ll Canal-omcer.
 276 Canal.

Second.-Land occupied for a watercourse under the provisions of

section 27 sh~1I be used only for the purpose of such water-course.
Third.-The proposed wat~r-course shall be completed to the satisfac-
tion of the Divisional Caoal-officer within one year after the
applicant is placed in occupation of the land.
In cases in which land is occupied or a water-course is transferred on
the terms of a rent-charge :-
Fourth_- The applicant or his representative in interest shall. so long
as he occupies such land or watercourse. pay rent for the same
at such rate and on such days as are determined by the Collector
when the applicant is placed in occupation.
Fi/rh.--lf the right to occupy the land cease owing to a breach of any
of these rules. the liability to pay the said rent shall continue
until tbe applicant or his representative in interest has restored
the land to its original condition. or until he has paid. by way
of compensation for any injury done to the said land. such
amount and to such person as the Collector determines.
Sixth.-The Collector may. on the application of the person entitled
to receive such rent or compensation. determine the amount of
rent due or assess the amount of such compensation; and. if
any such rent or compensation be not paid by the applicant or
his representative in interest. the amount. with interest thereon
at the rate of six per cent. per annum from the dale on which
il became due. may be recovered as if it were an arrear of land
revenue. and tbe same. when recovered. shall be paid to the
person to whom it is due.
If any of the rule; and conditions prescribed by this section are not
complied with. or if any water-course constructed or transferred UDder tbis
Act is disused for three years continuously. the right of the applicant. or of
his representative in interest. to occupy such land or water-course shall cease
absolutely.

Procedure 35. The procedure hereinbefore provided for the occupation of land
applicable to for the construction of a water-course shall be applicable to the occupation of
occu~lIon
for exten_ the land for any extension or alteration of a water-course. and for the deposit
sions and of soil from water-course clearances.
alteralion.

Coo. of 36. In case of wilful damage to or enlargement of an outlet. the cost

wilh" of repairs may be recovered as an arrear of land-revenue from the persons
uillll"ge 10
or ellJarge-- entitled to use the water-course. and the supply of water 10 the water-course
menlof may be stopped. as provided in section 39. clause (a). sub-di\'ision (iiJ.
ouUd,
 CaliaI-. 277
37. In cases where there arc numerous water-courses running for a long Power to
eonlerl
distance side by side and so close together that it is difficult or expensive for ,el"Ct'l\1
the owners to clear them owing to there being no room for the deposit of the Willer-
COline,
silt. nUllling for
the Divisional Canal-officer. if applied to for that purpose or on his own along dil-
tance ,ide by
motion. may. with the sanction of the Superintending Canal-officer. after such side into one
notice as the President of the Union may by rule made in accordance with water-eoW'lC.,
section 79 direct. shut off the supplies of any or all such water-courses until provided it
does not
the owners have made arrangements to his satisfaction to unite the water- diminish the
'lIpply to
courses or to substitute for them such system as may have been approved by any 04 the
the Superintending Canalofficer : ownen.
Provided that such conversion shall not be made if it shall diminish tbe
amount of water to which any owner of a water-course is entitled.

CHAPTER IV.

OF THB SUPPLY OF WATER.

38_ In the absence of a written contract. or so far as any such contract In ;tbsen<:e
does not extend. every supply of canal-wattr shall be deemed to be given at of written
contract.
the rates and subject to the conditions prescribed by the rules to be made by W:l.tc.-aupply
the President of the Union in accordance with the provisions of section 79 in 10 be ,lIbjci.t
to rliin.
respect thereof.

39. The follOWing provisions shall apply to every supply of canal-water. Condilloa.
namely :- .. to-

(a) the Divisional Canal-officer shall not stop the supply of water to power to
any water-course. or to any person. except in the following .top water_
IIIP~Y:
cases:-
(i) whenever and so long as it is necessary to stop such supply for
the purpose of executing any work ordered by COmpetent
authority. and with the previous sanction of the President of
the Union;
(ii) whenever and so long as any water-counc is not maintained in
such proper customary repair as to prevent the wasteful escape
of water therefrom;
(iii) within periods fixed from time to time by the Divisional Canal-
officer;
(b) Government sball not be liable for loss caused by thefailure or clalmt to
stoppage of the water in a canal by reason of any cause beyond COIT,penq.
the control of the Government. or of any repairs. alterations or !loa. in eaae
of lailll~ or
additions to the canal. or of any measures taken for regulating ftopp;lle w
the proper tow of waler therein or for maintaining the established supply;
course of irrigation which the Divisional Canalofficer considell
 278 Canal.

neeessary : but the foregoing provisions shall not prevent the

person suffering such loss (rom claiming such remission of the
ordinary charges payable for the use of water as is authorized
by the President of the Union:
dai ...... on (c) if the supply of water to any land irrigated from a canal be
ac<:ounl d interrupted otherwise than in the nlanner described in the last
inl....'"plion
from OIher preceding dause. the Collector may award to the occupier or
eawu: owner of such land reasonable compensation for the loss arising
hom such interruption:
dunliOIl 01 (d) when the water of a canal is supplied (or the irrigation of a single
,"pply: crop. the permission to use such water shall be held to continue
only until that crop comes to maturity and to apply only to
that crop; but if it be supplied for irrigating two or mOre CrOps
to be raised on the SlIme land within the year. such permission
shall be held to continue for one year from the commencement
of the irrigation. and to apply to such crops only as are matured
within that year;
",Ie Of,"b- (t') unless with the permission of the Superintending Canal-officer. no
leninl uI person entitled to use the warer of any canal. or any work.
,i,ht 10UH
canal_water i building or land appertaining to any canal, shall sell or sub
let or otherwise transfer his right to such use:
ProvideJ that the former part of this clause shall not apply to the
use by a cultivating tenant of water sup;>lied to him by his
landlord for the irrigation of the land held by such lenant ;
IUnaCl' but all contracts made between Government :lnd the owner or
witb land d. occupier of :lny immoveable property. as to the supply of
conlra<:h lor
,.,ale. ; canal-water to such property. shall be transferable therewith.
and shall be presumed to have been so transferred whene~er a
transfer of such property takes place:
bar to (f) no righr to the usc of the water of :I canal shall be, or be deemed
ao,'rualol to have been. acqt'ired under rhe Limitation Act. nor shall
,iehl. by
1I1Ct". Government be bound to supply an)' person with water. ucept
in accordance wilh the terms of a contract in writing.

CHAPTER V.
OF WATIlR-RATES.

Liability in 40. If. water is taken from a canal in an unauthorized manner. the
the <:~.e 01 person on whose land such waler has ftowed. ;f such land has derived benefit
the IlM"tb<J..
rind lilt of therefrom. shall be liable to the charges made for such use. unless and until
the watn 01 tbe person by whose act or neglect the water has been so taken is ascertained.

.
a ,.n~l.

L1abitity
41. If water supplied through a watercourse be used in an unauthorized
wbto pcrlOll manner. the person on whose land such waler has Rowed. if such land has
UIlnC .... altr- derived benefit therefrom. or if such person is not ascertained. or if such land
<_H
 Canal. 279
has not derived benefit therefrom. aU the persons chargcable in respect of the IIIU1Itho-
water supplied through such watero(:ourse. sball be liable or jointly liable. as ariudly
..ot be
the casc may be. to the charges made for such usc. unlen and until lhe person ideati6ed.
by whose act or neglect such use occurred is ascertained.
41. If water supplied through a water-course be suffered to run to waste. Li3bllily
all the persons chargeable in respect of the water supplied through such water- Wbell .......er
r _ to
course shall be jointly liable for the charges made in respect o( the water so ..;aste.
wasted. unless and until. after enquiry by the Divisional Canal-ollicer. tho
person through .....hose act or neglect such water was suffered to run to waste
is ascertained.
43. AU charges for the unauthorized usc or (or wlste of water IDay be
""'.~
recovered in addition to any penalties incurred on account o( .uch use or waste. rean'~ble
ill ildditiOll.
to pellillties.
All questions under section 40. section 41 or section 42 shall be decided DecIsion of
by the Divisional Canal-officer. subject to an appeal to !he Collector. or such q<>atlllOlS.
other appeal as may be provided by rules framed under section 79. sub- ;.~ ~4~
section (2).

44. The rates to be charged for canal-water supplied (or purposes o( Cbara:e 011.
irrigation to tbe occupiers of land shall be determined by the rules to be o":l:Q)lin- foc
made by the President of the Union in accordance with the provisions of section :~'::.
79. and such occupiers as accept the water shall pay tor it accordingly.
The rules hereinbefore referred to may pr::scribc and determine what
persons or classes of. persons are to be deemed to be occupiers for the purposes
of this section. and may abo determine the several liabilities. in respect of
the payment of the occupier's rate. of tenants and of persons to whom tenants
may have sub-let their lands. or of proprietors and of persons to whom
proprietors may have let the lands held by them in cultivltting occupancy.

Recovery of Charges.

45. Any sum lawfully due under this Chapter. which remains unpaid SIlCh charge
after the day on which it becomes due. shall be recoverable from the person real\"uable
uland_
liable for the same as if it were an arrear of land-revenue. revenue.

CHAPTER VI.

VIt.LAGE CANALS AND VILLAGE DIl.4.INAGE-WOU:S.

'6. This Chapter shall apply only to village canal. and village drainase AppliClUoo
0( Chaptn-
works. VI to Ylllae
a!'lal.and
,mage
araina,...
ort.OII.IJ'
 '80 Canal.

R,eord 47. {O In respect of any village canal or village-drainage-work. whether

n-specling such canal or drainage-work has hitherto been maintained by the Government
villageQnals
and ,mage or not. the Collect~ may ascertain and record-
drain::lg~
wo,ks, (a) the nature of the canal or drainage-work and of all embankments.
channels. weirs. sluices and other works subsidiary thereto;
(b) the lands capable of being benefited by the canal or drainage-work;
(d the water-rate. if any. chargeable on Ihe lands capable of being
ben~fited by the canal or drainag::-work ;
(d) the customs relating to the raising of funds for the efficient
maintenance and repair of the canal or drainage-work and of
all embankments. channels. weirs. sluices and other works
subsidiary thereto and the liability of persons or villages to
contribute jointly or severally to such funds;
(I!') the obligation to labour or provide labourers or render any service
in connection with the maintenance or repair of the canal
or drainage-work or for the purpose of effecting the silt clearances
necessary for its efficient working resting jointly or severally
on persons or villages ;
(f) the privileges or exemptions enjoyed by any persons or villages
subject 10 the liability or obligalion referred to in clauses (d)
and (e); and
(g) any provisions agreed to by specified persons as binding on such
persons and their representatives in interest.
(2) Every record prepared under the preceding sub-section shall be
published in such manner as the Collector may direct.
(3) A record prepared under this section may be corrected under the hand
of the Collector and such correclion shall be published in such manner as the
Collector may direct.

Power 10 48. (I) In any casc in which persons desire that the terms on which
record sbte- they have agreed amongst themselves to construct a projected village canal or
mentin
respect of village drainage-work may be reduced 10 writing by the Collector for the
prujeded purpose of having the same subsequently entered in a record under section
village
C::ln;l!s and 47. sub-section (I). clause (g). the Collector may ptcpare a statement of such
\'illage terms specifying the persons on whom and whose representatives in interest
drainage-
worn. such terms wilJ be binding in the event of the same being subsequently
embodied in a record under that seclion.
(2) In the event of such canal or drainage-work being notified as a
village canal or village drainage-work under section 3. sub-section (2) or (4a).
tbe Collector may embody sucb statement in tile record.

Power to 49. The Commissioner may make rules for the enforcement of all or
~e rules. any of tbe custOms. liabilities and obligations recorded and publisbed under
sectiOD 47. and may by such rules prescribe that any person subject thereto
 c..... 211

who fails to comply therewith shall. in the absence of reasonable excuse. the
burden of provJnj which shall lie upon him. be liablo-
(a) by order of the person or persons appointed to tho inanagement of
the village canal or village drainage-work to fine not exceeding
rupees five payable in money or in kind. or
(b) on conviction by a Magistrate to fine not exceeding rupees fifty.
or imprisonment for a term not exceeding one month. or both.
Such rules shall be published in the GueUe and shall thereupon bave
tbe same effect II if enacted by this Act.

51. (I) The Financial Commissioner may by general order declare aay ApplbttOll
of the provisions of this Act to be applicable to village canals and villalt ~ " ..'"
pl'O>'isiona
drainage-works lonerally. or in any local arca. and such provisions shall so 01 Act to
vlll.aCecanllll
apply. subject to such limitations. modifications and conditions as may have been and
village
e~pressed in the general order aforesaid and in respect of any particular canal drainage.
or drainage-work only in so far as they are not inconsistent with the customs. wore.
privileges, liabilities and obligations recorded and published under section 47.
(2) The Commissioner may by special order declare any of the provisions
of this Act to be applicable to any village canal or village drainage-work. tbe
record of which has been published under section 47. notwithstanding any-
thing to the contrary therein but subject to such limitation. modification. and
conditions as may be expressed in the special order aforesaid.
(3) E\'ery such general or JPeCial order a. aforesaid shall be made by
notification in the Gazette.

tenance of any village canal or village drainage-work and

.
---
SI. The President of the Union, whenever it appears to be necessary in PooIver 01
the public interests. may upon such terms as to conlpensation (if any) as be PresJdent to
deems just assume the control and undertake in whole or in part the maio- trol d.
.hal1thcreupon be <::Ina
vlllall,'
entitled to levy a water-rate on all lands capable of being benefited by such vilL11e
I or

canal or work. drainage-

worn.

51A. The following monie if not paid aD or before the date OD which
they become due, shall be recoverable from lbe person. liable to pay them a.
if tbey were arrears of land-revenue--
(i) fines imposed under clause (a) at section 49 ;
(ii) fus for summoning persons. payments in lieu of personal labour
or of supplying materials. and contributions to fundi tor tbe
sPecial repair of village canals and village drainage-works.
payable under the rule. made UDder section 49. provided tbat
no process for the recovery of such contributions sbaD be i..ued
without the previous sanction of the Collector.
 Canal.

CHAPTER VII.

OF CANAL NAVIGATION.

Tolb to be 51. Such lolls as the President of the Union may. from time 10 time. by
"',-i~ frol1l
'cuds usinJl: notificalion direct shall be levied from all vessels entering or navigating any
the una'. canal.

Pcwer 10 53. Any vessel entering or navigating any canal. contrary to lhe ruks
l!et:ain
\-I:U.<:IS made in that behalf under the provisions of section 79 by the President of the
violating Union. or so as 10 cause danger to the canal or to the other vessels therein.
rulu,
may be removed or detained by a Canalofficer. or by any other person duly
authorized in this behalf.
Uabilityof The owner of any vessel causing damage 10 a canal. or removed Or detl'.ined
owner of under this section. shall be liable to pay to the Government such sum as the
H'.el e:aUI'
Opt d:am:~le. Divisional Canal-officer, with the approval of the Superintending Canal-officer.
determines to be necessary to defray the cost of repairing sucb damage. or of
sucb removal or detention. as the case may be.

Power to 54. If any toll or charge due under tbis Act in respect of any vessel is
detain
vend Ofl not paid on demand to the perSon authorized to collect the same. the Divisional
bi!ure to Canalofficer may seize and detain such vessel and the furniture thereof until
pay tolls or
cbargn, such 11.>11 or charge. together with all expenses arising from such seizure and
detention. is paid in full.

PO.... er to 55. If any charge due to the Government in respect of any cargo or goods
leize I;:l.rto
01' loods if
carried in a Government vusel on a canal, or stored on or in lands or ware-
c:h:uguduc houses oa:upied for the purposes o[ a canal. is not paid on demand to the person
thereon are
not p::tld, authorized to collect the same. the Divisional Canal-officer may seize such cargo
or goods. and detain it or tbem until the charge so due, together wilb all
expenses arising from such seizure and detention. is paid in full.

Power to 56. Within a reasonable time after any seizure under section 54 or section
un propert)' .5.5, the said Canalofficer shall give notice to the owner or person in charge of
,oei<:ed under
Kct;OIl ~ the property seized that it. or such portion of it as may be necessary. will. on
or 55. a day to be named in the notice but not sooner than fifteen days frOIll the date
of the notice. be sold in satisfaction of the claim on account of which sucb
property was seized. unless tbe clainl is discharged before the day so named;
and. if such claim be not SO discharged. the said Canal-officer may. on sucb
day. sell the property seized, or such part thereof as may be necessary to
yield the amount due together with the expenses of such seizure and sale.
The residue (if any) of such property and of the proceeds of the sale shall
be made over to tbe owner or person in charge of the property seized.
 Canal. 183
57. If any vessel be found abandoned in a canal. or any cargo or goods ProcedLIl"e
carried in a Government vessel on a canal. or stored on or in lands or ware- in reaped of
\e.sels l'ban-
)'louses occupied for the purposes of a canal. be left unclaimed for a period of dened and
two months. the Divisional Canal-officer may take possession of the same. goods un_
claimed.
The officer so taking possession shall publish a notice. in such manner as Po....-er lo.ell.
the President of the Union may by rule made in accordance with the provisions
of section 79 direct. that if such vessel and its contents, or such cargo or
goods. is or are not claimed previously to a day to be named in the notice not
sooner than thirty days from the date of such notice. he will sell the same;
and. if such vessel. contents, cargo or goods is or are not so claimed, he may,
at any time after the day nanled in the notice. proceed to sell the ~311le.
The said vessel and its contents. and the said cargo or goods, if unsold, Dispoulof
pnxeed. of
or if a sale has taken place. the proceeds of the sale after paying all tolls and ut..
charges due in respect of the vessel. cargo or goods and all expenses incurred
by the Divisional Canal-officer on account of the taking possession and sale.
shall be made over to the owner of the same. when his ownership is established
to the satisfaction of the Divisional Canal-officer.
If the Divisional Canalofficer is doubtful to whom such property or
proceeds should be made over. h e may direct the'property to be sold as aforesail
and the proceeds to be paid into the district treasury. there to be held untid
the' right thereto be decided by a Courl of competent jurisdiction.

58. If any goods which the Divisional Canal-officer has seized under Power 10
c(fccl earUer
section 55. or taken possession of under section 57. are of 50 perishable a aalc of
nature as. in the opinion of that officer. to render an early or immediate sale f'Crishable
property.
necessary or advisable. that officer may within such period as he thinks fit sell
by public auction the said goods. in which event such notice shall be given to
the owner of the goods (if known) as the urgency of the case will permit of.
and the proceeds shall be applied in the manner provided in section 56 or
section 57. as the case may be.

CHAPTER VIII.
OF DRAtI'lAGE.

59. Whenever it appears to the President of the Union that injury to any Powcr to
declare
public land or the public hea~th or public conveni~nce ha~ arisen or may arise ril-cr, tic.
{rom the obstruction of any liver. stream or draInage-channel he may. by 10 be drain-
aic-worll:.
notification. declare so much of the said river. slream or drainage-channel as
is specified in the notification to be a drainagework.

60: (I) After the issue of a notification under section 59. the Divisional POII'uto
prohibilor
Canal.officer. or such other person as may be authorized in this behalf by the regulate
President or the Union may issue any order- obI.tr"dioa.l
iUdrainqc-
(a) directing the removal of any obstruction in the drainage.work work.
within such time as may be specified in the order; or
 284 CQnaJ~

(b) directing the modification of any obstruction in tbe drainage-work

in such manner and wilhin such time as Olay be specified in
the order; or
(el prohibiting the formation of any obstruction in the drainage-work
without bis approval in writing being first obtained.
Such order shall state whelher il is for an indefinite period or for a specified
limited period or for a parlicuJar period or particular periods during eacb
year.
(2) If the penon served wilh an order under sub-section (I) fails to
comply witb it within the time specified. the person issuing the order may
bimself remove or modify the obstruction. and. if the person to whom tbe
order was issued does not when called upon pay the expenses involved in sucb
removal or modification. such expenses shall be recoverable from him or his
representative in interest as an arrear or land-revenue.
Pr~panUon
of ..ct\elne:1 61. Whenever it appears to the President of the Union that any drainage-
for worb of works are necessary for the improvement of any lands. or for the proper
;n... O\~ cuhivalion or irrigation thereof. or' that protection from floods or other
11"_1.
accumulations of water. or from erosion by a river. is requir:d for any lands.
the President of the Union may cause a sch:me for such drainage-works to be
drawn up and published. together with an c:stimate ot its cost and a statement
of the proportion of such cost which the Government proposes to defray. aDd
a scbedule of the lands which it is proposed to make chargeable in respect of
tbe scheme.
62. The persons authorized by the President of the Union to draw up
such scheme may exercis: all or any of the powers conferred on a Canal-officer
by section 13.

.... ~
laud.s bl:1IC-
'3. An annual rate. in respect of such scheme. nlay be charged. according
to rules to be made by the President of the Union under the provisions of
.~ ...
fiiled by
section 79. on the owners of all lands which shall. in lhe manner prescribed
by such rules. be determined to be so charg:able.
Such rate shall be fixed as nearly as possible so as not to exceed either
of .tbe following limits:-
(i) six per cent. per annum on the first cost of lhe works. adding
thereto the estimated yearly cost of the maintenance and super-
vision of the same. and deducting therdroDI the estimated
income. if any. derived from the works. excluding the said rate:
(ii) in tbe case of agricuJlUral land. the sum which. under the rules
then in forte for the assessment of land-revenue. might be
assessed on such land on account of tbe annual value or produce
tbereof caused by the drainage-work.
So far as any defect to be remedied is due to any canal. water-course.
road or other work or obstruction. constructed or caused by the Government
 Cwwl. 215

or by any person. a proportionate share of the coat of Lhe drainqe'worta

required for the remedy of the said defect shall be borne by the Government
or such person. as-the ca~ may be.

64. Any such drainage-ratc may be collected and [e<;ovcrcd in manner Re<:olery
provided by section 45 for the collection and recovery of water-ratc. ol nte.

65. (I) Whenever. in pursuance of a notification made under section 59.

any obstruction is removed or modified. or whenever any drainage-work is
carried out under section 61. all claims for compensation on account of aDY
loss consequent on the removal or modification of the said obstruction or the
construction of such work may be made before the Collector. and he shall deal
with tbe same in the manner provided in the Land Acquisition Act.
(2) No such claim shall be entertained after the expiration of one year L1milaUon
01 ~ueh
from the occurrence of the loss complained of. unless the Collector is satisfied tlaims.'
that the claimant had sufficient cause for not making .the claim within such
period.

CHAPTER IX.
OF OBTAINING LABoUl fOl CANALS ANO DlAINAGE-WOU:S.

66. In any district in which a canal or drainaa:e-work is constructed. Powuto

maintained or projected by Government. the President of the Union may. if vrn<rlbe
1I1l111ber ol
he thinks fit. direct the Collector- labouren to
be luppllal
(a) to ascertain the villuges whose lands are or will be. in the judgment by headmen
of the Collector. benefited by such canal or drainage-work or. ol vlllagu
benefited
in the c:ase of a navigation-canal. which are situate in the by t<IAaI.
neighbourhood thereof; and
(b) to set do..n in a list. having due regard to Io<:al customs. the num
ber of labourers which the headman of ncb such village shall be
liable to furnish for employment 00 ltny such canal or drainlle-
work wheo required as hereinafter provided.
The Collector may. from time to time. add to or alter such list or any
part thereof.
67. Whenever it appears to a Divisional Canalofficer that. unleu some P~cedure
for obtai"in.
work is immediately executed. such serious damage will happen to any canal I~bour and
or drainage-work as will cause sudden and extensive public: injury. and that m~terf~"
for worb
the labourers or nlaterials necc5Sllry for the proper execution of such work IIrle!'tly
cannot be obtained in the ordinary manoer within the time that can be allowed required.
for the execution of such work so u to prevcnt sucb damage. sucb ot5ccr may.
by an order under hi, hand. direct tbat tbe provisioDs of this IeCtion shall be
put into oper..ttion for the execution of such work. and thereupon-
(Q) the headman of any village named in the aforementioned lilt
shall. if required so to do by iueh oflicer or by any pettOo
 286 Canal.

authorized by bim in this behalf. be bound to turnish sucb

number of labourers. not being in excess of the number men-
tioned in the said list. as such officer or person may require of
him; and all labourers called upon by the headman of their
..mage shall be bound to assist in the work by labouring
lhereon as such officer or person directs ;
(b) such officer or any person authorized by hinl in this behalf may
enter in and upon any immoveable property in the neighbour-
hood of any such canal or drainage-work. and take possession
of. appropriate and remove any trees or bamboos. whether
standing or not. and any timber. mats. ropes or other materials
found in or upon such property. and use the same for the
purposes of such work.
Every person authorized as mentioned in this section shall be deemed to
be a public servant within the meaning of the Penal Code.

P"}'fI~"t lor 68. All persons labouring or detained for the purpose of labouring in
l;lbour compliance with a requisition made under section 67 or whose materials may be
imp~s;~d
;u>d mOlleri..l. taken under that section. shall. as soon as may be reasonably practicable. be
bk<o. paid by the Divisional Canal-off.ecr for their labour and detention or for such
materials (as the case may bel at a rate not being less than the highest
market-rates for similar labour or materials for t~e time being prevailing in
the neighbourhood.
Any dispute arising between the Canal-officer and any person as to the
amount to be paid to such person under this section may be referred by either
party to the Collector. whose decision thereon shall be final.

-.-
Ca:npe:n-
u.lion
done in
l:Lking
'01"

rn;lt~riOlIs.
6'. Whenever. from the removal under section 67 of any trees.
oomboos or oUler materials. any damage over and above lhe price payable
for such materials results directly to any person. the Divisional Canal-officer
shall pay to such person such sunl as may be agreed upon as compensation
for such damage. In case of dispute as to the amount so to be paid. either
party may refer such dispute to the Collector. whose decision thereon shall be
final.

Pow~r to 10. The President of the Union may. by notification. declare that the
aPllly pro- provisions of the preceding sections of this Chapter shall apply to any district
y;,irm. 0(
Charier to or part of a district for the purpose of constructing water-courses under the
con.truclion provisions of section 14.
of walc:r-
COUTl~!.

Power 10 11. The President of the Union nlay direct that the prOVISions of tbis
"",ply fOl"t- Chapter shall apply. either permanently or temporarily (a$ the case may be).
(<ling pro-
,iaiona to to any district or part of a district for the purpose of effecting necessary
"',
aDn""l,il\-
annual sih-clearances. or to prevent the proper operation of a canal or drainage_
I:~;;u"arocn. work being stopped or $0 nlllc.h interfered with as to stop the clitablisbed
course of irrigation or drainalc :
 Canal. 2.7
Provided that. where annual silt-clearancc:s are effected or any work
necessary for its efficient working is done on a water-course:. no payment shall
be made for labour or {or materials supplied by villages which are supplied
with water from the water-course.

CHAPTER X.

OF JURISDICTION.

71. Except where herein otherwilC provided. all claims against Govern 'uri.didion
ment in respect of anything done under this Act may be tried by the eivil ..ad.... tlli.
Ad 01 d\il
Courts: but no such Court shall in any case pass an order as to tbe supply of Coart.
canal-water to any crop sown or growing at the time of such order.

73. Whenever a difference arises between two or more persons in regard Settlement
01 dilftt-
to their mutual rights Or liabilities in respect of the use. constructioD or feDCC'..... In
maintenance of a water-course. any such person may apply in writing to tbe mUlu~
r;~tlt. and
Divisional Canal-officer stating the matter in dispute. Such officer sball there- liabiliti..
upon give notice to the other persons interesled that. on a day to be named (.r per'''''',
lnl"rnll
in such notice. he will proceed to inquire into Ihe said matter. And. after III ...-alcr_
such inquiry. he shull pass his order thereon. unless he transfers (as be is here- course.
by empowered 10 do) the matter to the Collector. who shall thereupon inquire
into and pass his order on the said matter.
Such ordC'r ~hll.l1 be final as to the use or distribution of water for any
crop sown or growing al the time when such order is made. and shall thereafter
remain in force until set aside by lhe decree of a civil Court.

74. Any officer empowered undel this Act to conduct any inquiry nla)' Power to
,umlnal' aDd
exercise all such powers connected wilh the summoning 'and examining of "san.ine
witnesses as are conferred on civil Courts by Ihe Code of Civil Procedure. and .itn..un.
every such inquiry shall be deemed a judicial proceeding.

CHAPTER XI.

OF OFFENCES AND PENALTIES.

75. Whoever. without proper aUlhority and voluntarily. does any of (he Pemd!y f ...
following acts. Ihat is to say : - offences
under Act.
(I) damages. alters. enlarges or obstructs any canal or drainage.work;
(Z) interferes with. increases or diminishes the supply of water in. or'
the now of water from. through. over or under any canal or
drainage-work:
(J) interferes with or alters (he ftow of water in any river or stream.
so as to endanger. damage or render less useful any canal or
drainage-worL: ;
 288 Canal.

(4) being responsible for the maintenance of a water-course. or using

a water-course. neglects to take proper precautions for the preven-
tion of waste of water therdrom. or interferes wilh the authorized
distribution of waler therefrom. Or uscs such wat~r in an
unauthorized nianner ;
(5) corrupts or fouls the water of any canal so as to render it less fit
for the purposes for which il is ordinarily used;
(6) causes any vessel to enter or navigale. or to remian at any place
in. any canal contrary to the rules for the time being prescribed
by the President of the Union for entering. navigating or
remaining in such canal ;
(7) while naviga.ing on any canal. neglecls 10 lake proper precau-
tions for thc safely of the canal and of vessels therein;
(8) being liable to furnish labourers under Chapter IX of this Act.
fails. without reasonable cause. to furnish or 10 assisl in fur-
nishing Ihe labourers required of him:
(9) being a person liable to labour under Chapter IX of this Act.
refuses or neglects. without reasonable cause. so to labour:
(10) destroys or moves any level-mark or water-gauge fixed by the
authotity of a public servant:
(1/) passes or causes animals or vehicles to pass 'on or across any of
the works. b~nks or channels of a canal or drainage-work.
contrary to rules made in accordance with the provisions of
seclion 79. after he has been desired to desist therefrom:
(I]) pastures any animals on the banks of a canal. or allows any
animals belonging to him or under his charge 10 graze on such
banks :
(13) violates any rule made in accordance with the provisions of
section 79 10 which a penalty has been attached by a rule made
under that section.
shall be liable. on conviction before a Magistrate. to a fine not exceeding five
hundred rupeu. or to imptisonnlent for a term not exceeding three monlhs
or to both.

Compen- 76. Whenever any person is fined for an offence under this Act, the
ulinn II) Magistrate nlay direct that the whole or any part of such fine may be paid by
P<"~
Il'juucl. way of conlpcns3tion 10 the person injured by such offence. or with the consent
of the Collector. in the case of an offence relaling to a village canal or \'iIIage
.drainage-work.. to any fund created under rule.. made under section 49 relating
.to such village canal or village drainage-work..

Recovery ol 77. Any fine imposed under Ihis Act upon the owner of any vesscl. or
finn for the servant or agent of such owner. or any other person in charge of a vessel.
ofle,,~el ill
..., 'lplinR for any offence in respect of the navigation of such vessel. may be recovered
canal. either in the manner pretcribed by the Code of Criminal Procedure. or. if the
 Canal. 289
Magistrate imposina; the fine 50 directs. as though it w::re a charge under tbiJ:
Act due in re!pcct of such vessel.

18. Any person in charge of or employed upon any canal or drainale-

work olay remove from the lands or buildinas belonging tbereto. or may arrest
without a. warrant and take forthwith before a Magistrate or to the nearest
police.station. to be dealt with accordinl to Jaw. any person who. within his
..;ew. commits any of the offences mentioned in sub-sections (I). (2) and (J)
of sution 75.

CHAPTER Xli.
SUPPLEMENTARY PROVISIONS.

Rules.
79. The President of tbe Union may make rules to reluJate the Power 10
ma kc rule..
fO II oWing matters : -
(I) the proceedings of any officer who. under any provision or this
Act. is required or empowered to take action in any mailer:
(1) the cases in which. and the officers to whom. and the conditioDI
subject to which. ord~rs and de<:isions liven under any proyision
of Ihi, Act, and not expressly provided for as rclud. appeal.
shall be appealable :
(J) the persons by whom. and the time. place or manner at or in
which. anything for the doing of which provision i. made in
this Act shall be done :
(4) the terms on which the litht to collect toUs or other charges under
this Act may bC let:
(5) the amount of any charge made under this Act; and
(6) generally to carry out the provisions of this Act.
The President of the Union may. in making any rule under this Act. Power to
attach to the breach of it the penalty specified in section 75. atbdl
penalty.
All rules made by the President of the Union under this Act shall be Publication
of nile..
published in the Gazette. and shall thereupon have the same effect as
if enacted by this Act.

LClling of Tolls or other charges leviable under this Act.

80: (ll The tight to collect tolls or other charges le\'iab:e under this Le.W". of
Act Dlay be let b)' public auction. The officer condlJCting an auclion urll:Rr ~h~ or
this se<:lion Dlay reCuse to accept the olfer of the highest bidder and accept ~~ by
any other bid tit may withdra.w from th~ auction. ::::...
(1) The lessee and his servants shall conform to the provisions of this
Act and o( the rules thereunder rdatina to the tolls or other cbarccs whicb
the lessee has been authorized to collect.

19
 290 CalUJJ.

II. All (ees. rents or other moniel due to Governnlent in respect o( any
lease made under section 80 may be reco\'ercd (rom the lessee or his .ureties.
i( any. or (rom any person who has agreed to take a lease. as i( they were

-
anears of land-revenue,

..
By whom

reconnble,
12. The President or the Union may. by notification. prescribe by wbose
order and on whose application any sum recoverable under this Act may be
recovered.

THE EMBANKMENT ACf.

[BURMA ACT IV. 1909,] (15th October. 1910.)

1-2.
DefirUUom. 3. In tbi. Act. unless there IS anytbing repugnant in the subject
or context.-
"Elllbank- (I) .. embankment" means any enlbankment constructed for the purpose
_nt," of e:u::luding. regulating Or retaining waler. and inclUdes all
earthen walls. dams. canals. drains. piers. groins. sluices.
buildings. water-gauges. bench-marks and other WOrks subsidiary
to any such embankment;
(2) .. lcazin .. nleans any small bank or ridge surrounding or dividing a
field :
"Emba.lllr.- (1) .. Embankment-oftker" means any officer appointed by a notification
_t~." of tbe President of the Union to be a.n Embankment-officcr
in respect ot any embankment: and
"Callie," (4) .. canle" includes also elephants. buffaloes. horses. mares. geldings.
ponies. colts, fillies. mules. asses. pigs. rams. ewes. sbeep. Iambs.
goats and kids.

..... "
rilhauill
4. The Deputy Commissioner of any district in wbich the whole or

.......,
adlhbow-.
emb&M:lZltlll
any part ot an embankment is situated shall cause: to be prepared-
(a) a list of the village-tracts in the neighbourhood ot the embankment
ol .... hio;h the of each ot which the headman shalJ be liable to furnish

-...... ,
nudenll are
Il;ablc to
tabo OQ

ratoiJ"cd.
able-bodied persons tor employment on such embankment wJten
so required under section 5. clause (2) :
(b) a list or lists seUing down the maximum nunlber of such able-bodied
persons which each beadman shall be liable to furnish.
The Deputy Commissioner may. from time to time. add to or alter sucb IistJ.

Clralln.. 5. Whenever it appears to the Embankment-officer that. unless some

.ta..enlllldtr work is quickly eXc<:uted in connection with an embankment. lOll of Jife
~l~athi~ or extenll~ve damage to property will ensue. and that the labourers or materials
....
put iQ lpna; required for the execution of such work Callnot be obtained in the ordinary
 291
course in time to enable him to execute sueb. work with the expcdiliou
necessary in order to nett such loss or damage. he may. by order under his
hand. direct that the provisions of this section sball be put into operation 101'
the execution of such work; and tbcrcupon-
(a) the headman of any village-tract named in tbe aforcmentiofted list Powe' Ie I..
shalt it required so to do by such offi~r O~ by any person praI~.
authorized by him in tbis behalf. be bound to furnish such
number of able-bodied persons. not being in exccss of the total
number set down in the list prepared under section 4. clause (b).
as such officer or person may require.: and all able-bodied
persons called upon by the headman of their village-tract shall
be bound to auist in the work by labouring thereon u such
officer or person directs ;
(b) every owner or occupier of immoveable property situated in the
nei&hbourhood of such embankment (whether such owner or
occupier resides in the neighbourhood of such embankment or
nod shall. if required so to do by such officer or by any person
authorized by such officer in this behalf. be bound to assist in the
work by labouring thereon himself as such officer or person 10
authorized directs. or by furniahing a labourer as his substitute
50 to labour thereon;
(c) aU persons so UlIiisting or called on to UlIiist in the work shall be
subject to the orden of the Embankment-otlicer in respect of
such work:
(d) the Embankment-of!l:cer or any person authorized. by him in thjs PQwlll"to
behalf may enter into and upon any immoveable property in the
neighbourhood of such embankment. v.nd take pos.seuioo of. "
:::._\t-
appropriate and I'ClDlove any trees or bamboos. whether standing
or not. and any timber. mats. ropes. soil or other materials
found in or upon such property. and any boats. carts and oxen
found 00 or about the same. and use the same for the purposes
of sucb work.

6. All persons labouring. or detained for tho purpose of labouring. in Paym~t for
compliance with a requisition made under section S. or whose materials may labour i_
ptaled aDd
be t,ken or means of transport used under that section. shall. as lOOn as may
be reasonably practicable. be paid by the Embankment-officer for their labour
and detention. or for such materials or for tbe hire of such mean. of transport
.......
IUateriaJe

(as the case may be). at a rate not being leu than lhe highest market-rates for
similar labour. nlaterial. or hire of melna of transport for the" time beiJig
. prevailing in the neighbourhood.
Any dispute arising between an Embankment-officer and any person a. to
the amount to be paid to such person under this section may be refcr~ .by
either party to the Deputy Coml)&is~o"ner. whose ~ecision thereon .haIl be final.
 2.2 Embankment.

COn'IJeni<l- 7. Whenner, from the removal of any trees. bamboos or other materials.
llun for
d<llU&:cd.- Or from the use of any nleRns of transport under section S. any damage. above
in takin&: tbe price or hire payable under section 6 (or sucb materials or means
...kTblt.
of transport, resulls directly to any person. the Embankment-officer shall pay
to such person such sum as nlay be agreed upon as compensation for such
damage. In case of dispute as to the amount so to be paid. either party ~ay
refcr such dispute to the Deputy Commissioner. whose decision thercon shall
be final.

Pen<lll, for 8. Any person who-

failurelo
f".ni.b (Q) being a headman liable to furnish labourers under section 5 fails.

....
ltbourers
to labDur
tequa~d.
~
M without reasonable cause. to furnish or auist in furnishing the
labourers required of hinl. or
(b) being a person liable to assist in any w"ork under section .5. clause
(a). refuses or neglects. without reasonable cause. so to assist. or
(el being an owner or occupier of immoveable property liable under
section 5. clause (b). to assist or furnish a hired labourer as his
substitute, refuses or neglects. without rellsonable cause. to assist
or furnish a hired labourer as hi. substitute.
shall be liable. on conviction before a MagistrAte. to a fine not exceeding fifty
rupees. or to imprisonment fOr a term not exceeding one month. or to both.

PerWlinfor , . I (/) Where an Embankment-officer has been appointed fOr any

dam<l&:eto embankment. whoever. without the permission of such officer. does any of the
<lnd .rul'aa
011 emhank- following acts :-
....nl. ele.
<a) damages such embankment by excavation. by dragging any boat.
tree. log or bamboos on or aCross it or by any other means;
(b) interferes with any work subsidiary to such embankment so as 10
damage. destroy. remove or render less useful any such work;
(e) crecu any structure. building or machine or lays any pipe line on
sucb embankment;
(d) grazes any cattle or allows any cattle under his charge (or
of which he is the owned to trespass on such embankment;
(e) <:utl or roots out any Iree, shrub or grass srowing on sucb
embankment;
(I> obstru<:ts any drain or sluke connected with such embankment;
sball be punished with imprisonment for a term which may extend 10 six
months or with fine which may extend 10 two hundred rupees. or with both.
(2) Where an Embankment-officer has been appointed for any embank-
IIKDt. any person who. without the permiuion in writing of such officcr.--
(a) enters into possession of any land forming part of such embankmeD.I.
ex<:ept under. <I lease or licence. or

, S\lb.lil~.~d b) Act XLUI. :9SO.

 Embankment.
(b) remains in possession of such land after any such lease or licence
has been cancelled or has expired. or has otberwise become
void. and possession has been demanded.
thall be liable to be summarily evicted therefrom.
9A. (J) Any person who cause. any vehicle to pall on or across aDy Pmalty (or
embankment. contrary to any order made in this respect by tbe Deputy :::...~ of
Commis.sioner. shall be punished with imprisonment for a term which may
Clttend to :.ix Dlonths. or with fine which may extend to two hundred rupees.
or with both.
(2) Any such order may require a fcc or fee. to be paid as a condition
precedent to the use of an embankment [or vehicular traflic::1

10. (l) Any person who. without the permiSSion of the Deputy P.:nllllie. fur
Commissioner. constructs. maintains. repairs or adds to any dyke. embankment conltructin,c.
m.intaininl.
or bund (other than a kOlin) within the limits of any local area to wbich this eto;.,ol dyke.
sub-section may from time to time be applied by public notice by the President tlllbulkmnt
m ....~
of the Union shall be punished with imprisonment for a ternt which may
extend to six months. or with fine whicb may extend to two hundred rupees.
or with both.
(2) If any question arises whether a specified erection i. a kQlin. the
decision of the Deputy Commissioner shall be final.

11. (I) Tbe Deputy Commissioner nlay by notice require any person Notiu foe

_.
removal of
who construe/so maintains. repairs or adds to a dyke. embankment or bund in dyke. em-
contravention of the provisions of section 10. sub-section (1). to remove tho bankmenl
or blind. aDd
same within a time to be specified in the notice. peenallia foe
(2) If any dyke. embankment or bood of which the removal bas been
required by notice under sub-section (1) is not removed within the time .....
nell.lcet 01

specified in the notice. the Deputy Commissioner may cause the same to
be removed.
(1) The cost of the remo....1 of any dyke. embankment or bund removed
under the provision. of sub-section (2) shall be recoverable a~ an arrear of
revenue either from the person who constructed. maintained. repaired or added
to the dyke. embankment or bund. or from the owner or occupier of tbe land
on which it was situated. or jointly and severally from both suc::h porsons. u
the Deputy Commissioner IUay determine.

_.......
1%. Every Embankment-officer and every person authorized by aD eertala JIft'-
Embankment-otf..cer to act under section 5 shall be deemed to be a .. public 10 be pubtic
sct'Vant" witbin the meaning of the Penal Code. _m"
1 ItA. Any person in cbarge of or employed upon any embankment may Powdto
urn( wit6.0
remove from the lands ,)r buildings belonging thereto. or may arrest without a out watTaDt.
wanant and take forthwith before a Magistrate or to the nearest police-station
to be dealt with according to law. any person. wbo within bis view. commita
1 Inurted by Act XLIII, 1950.
 294 Embankmtnt.

any of the offences mentioned in clau~s (a). (b) and (c) of sub-seClion (1) of
section 9.
Powc:rlo
mabrulet. 13. (J) The President of the Union may make rules to regulate the
following matters :-
(0) the proceedings of any officer who. under any provision of this
Act. is required or empowered to take action in any matter;
(b) the amount and manner of payment of fees for the usc of
embankments under section 9A. sub-section (l) ;
(c) the manner in which any order or public notice issued under tbe
provisions of this Act shall be published;
(Ii) the construclion and maintenance of kalinJ ;
(t) for the temporary occupation of embankment lands and for the
eviction of persons in unauthorized occupation of such lands;
aod
(J) generally to carry out the provisions of this Act.
(l) The President of the Union nlay. in making any rule under this
section. attach to the breach' of it. in addition to any other consequences that.
would ensue from such breach. a punishnl~nt. on conviction before a Magistrate.
n~t e~ceeding six months' imprisonment. or two hundred rupees fine. or both.

....h1lcatlon 14. AU rules made by the President of lhe Union under Ihis Act shall be
of rule..
published in the Gazette. and shall thereupon have the same effect as if
enacted by this Act.

THE INSECTS AND PESTS Acr.

(INDIA ACT II. t914.) (3rd February. 1914.)

1.
Drinltkwl.. 1. In this Act. unless there is anything repugnant in the subject or
cODtext.-
. (0) .. crops" includes all agricultural or horticulturlll crops. and [all
trees. bushes or plants]l :
(b) .. import" means the bringing or laking by sea. land or air; and

_.
(c) .. infection" means infection by any insect. fungus or other pest
injurious to a crop.

.
Powcrol
Praidalt
oc fltoti"lbit
3. (/) The President of the Union may. by notification t in tbe Gazette.
prabibit or regulate. subject to lueb restrictionl and conditions IlS be may
impale. the import into tbe Union of Burma. or any part thereof. or. any
tbcll1lport
ofutklcl
Iibl)' 10 lublllt~~ by Ad VII, I~.
IDfn:t. I For order problbltln, rcgub.tinC aDd ralrieliui th.llZlport of live ir.ltc11 Into 8_a,
tee Btl,.. Gp.I,U'. 1941. hrll. S!.. 841,
specified place therein. of any article or class of articleJ likely to cause
infection to any crop [or of insects generally or any class of insects]l.
(Z) A notilKation under tbis stion may specify any article or clas. of
articles (or any insect or class of insects]1. either generally or in any particular
manner. whetber with reference to the country of origin. or the route by
which imported or otherwise.

4. A notification under section 3 shail operate as if it bad been issued Openti- ~

DOti6cati_
under section 19 of the Sea Customs Act. and the officers of cunonu at every IIndel'" _
port shali have the same powers in respect of any article with regard to the tlon 3.
inlportation of wbich such a notification has been issued as Ihey have for the
time being in respect of any article the importation of which is regulated.
restricted or prohibited by the law relating to sea customs. and the law for the
time being in force relating to sea customs or any such article shaU apply
accordingly.

I 4A. The President of the Union may. by notification. prohibit or reaulate.

subject to such conditions and restrictions as he may think fit to impose. the
transport or ell;port from one place to another in the Union of Burma of any
-~ ..
PRsidmtto
regulate
tnmporl or
article or class of articles likely to cause infection to any crop. or of insects
generally or any class of insects.
1 48. When a notification has been issued under section <fA. then.
. ........
uport witb-
in the Union

Refuufto
notwithstanding any other law for the lime being in force. the person "",,-
01 whidl
rcsponsible for the receipt or booking or goods or parcels at any rail'A'lly huspon Is
station or inland water transport station.- probibilcd.

(0) where the notification prohibits the tnnsport or ell;port shaU refuse
to receive for carriage by. or to forward or knowingly allow to
be carried on. the railway or any inland water veSICI from that
station any article or insect of which thc transport or export i.
prohibited;
(b) where lhe notification impose conditions or restriction. upon
transport or export. shatJ so refuse. unless the consignor
produces. or the article or insect consigned is accompanied by.
a document of the nature prescribed showing that tbose
conditions and restrictions arc satisfied.

J 4C. Any person who knowingly transports or exports from one place to hnattyfor
another in tbe Union of Burma. in contra\'ention of a notification issued" coatravtllia"l
Hctior.s4,\ "
under section 4A. or attempts so to transport or ell;port. any article or inSect. _ 48.
and any perlOn responsiblc for the receipt or booking of goods or parcel. at a
railway or inland water. transport station wbo knowingly contravenes tbe
provisions of section 48. sball be punishable with fine whicb may cxtend. to
two bundred and fifty rupees. and. upon an.y subsequent conviction. witb bo
wbich may cxtend to two thousand rupees.

1 Inlcrtc:d by Ad: V1I,l9i4.'

 296 Insects o"d Pests.

Powerlo 15. (J) The President of the Union may make rules to carry out the
make rule'. objects of this Act.
(2) In particular. and without prejudice to the generality of the foregoing
po.... er. the President of the Union may make rules,-
(oj for the detention. inspection. disinfection or destruction of any
article or c1iUs of articles or of any in~ct or class of inscc.tll
in respect of which a noti6cation has been issued under stion
3 or under section 4A. or of any article which may have been
in contact or proximity thereto. and for regulating the powers
and duties of the officers whom he may appoint in this behalf:
(b) prescribing the nature of the documents which shall accompany
any article or in~ct the transport or export of which is subject
to conditions or restrictions imposed under section 4A. or which
shall be held by the consignor or consignee thereof. the
authorities which may issue such documents. and the manner in
which such documents shall be employed~
(3) In making any rule under this section the President of the
Union may dinct that a breach thereof shall be punishable wilh fine which
may extend to one thousand rupeeS_

Prol~_ ,- No suit. prosecution or other legal proceeding shall lie againsl any
to perlonl person for anything in good faith done or intended to be done under this Act.
Kline un4er
Ad.

THE WATER HY ACINTH ACf.

[BURM.... ACT I. 1917.] (10th March. 1917)

De.6.uition. 1. *
2. In this Act tbe expression .. water hyacinth" means the plant
botanically known as Eichlwr"ia crassipu. and includes the seed and every
part of the plant.

Water 3. The presence of the water hyacinth in the Union of Burma is hereby
hyxiath declared to be aDd is a public nuisance.
dc<;lared
a public
nuiun.:e.
Prohibition 4. No person shall possess or keep the water hyacinth and every o..... ner
of poa....lon or occupier shall destroy any .....ater hyacinth growing in or on any place
uf w:ller
hyaci.t.b. belonginl to or occupied by him in accordance with the rules made under

_
this Act.
....... ,. 5. (I) Any penon duly authorized in that behalf by a Government
.... ........
i.uue IKltice
~
Olliccr Clot below the rank of tl Township Officer may serve such notice as
lUl.y be prescribed hy any rule made under tbis Act on tbe owner or occupier
to~oy of any placo to destroy the watet hyacinth growing tbereon. in accordance
w.... with the terms of such notice.
byadatL
I Sut.lituted by Act VtI. 1944.
 Water Hyacinth. m
(2) If any owner or occupier on whom notice: under this section has been
duly ~rvcd fails to c;;omply therewith. such person may enter upon such
place and take all the measures necessary for tbe destruction of tbe water
hyacinth without being liable for trespass or for any injury to crops. pasture
or fishery riah1s in so doing. and tbe costs of taking sueh.measuro.i or suc;;b
portion tbereof as may be sanctioned by the Deputy Commissioner sball be
borne by the said owner or occupier. and shall be recoverable as if they were
arrears of land-revenue.
,. Any person who- PaaaIUe.
11) possesses or keeps the water hyacinth: or
(2) fails to destroy in accordance with the terms of the notice referred
to in section 5 any water hyacinth which may be found gtowing
in any such place as aforesaid:
shall be ~uihy of an offence. and shall be liable on conviction thereof to a
fine not exceeding one hundred rupees. or upon a second or subsequent
conviction to II fine not exceeding five hundred rupees.

1. (I) The President of the Union may make rules for the purpote of
carrying out the provisions of this Act.
(2) In particular. and without prejudice to the generality oftbc foregoing
provisions. the President of the Union may make rules-
(al prescribing the methods by whicb and the time within which
the destruction of the: water hyacinth shall be completed;
(h) prescribing the: form and the term of a notice under JCCtion S.

. The Pruident of tbe Union may. by notification. apply all or any of

the provisions of this Act to any weed or plant which in his opinioD is
-".,
0""
prorif,iau
noxious. and to the seed or any part of such weed or plant. and thereupOD
.......
10 otb<r
such provisions shall apply. mlltatis mutandis. to such weed or plant.
.....
w~.OIt

~6 c "",l)"",?tS~oS.; "'1'6'0 US,,'1"" ~ '" tSe u,,~.

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~~os=m to~
 D-ANIMAL WELFARE
roD Dc8q?~~:~"?~~51?05~'1:1
THE PREVENTION OF CRUELTY TO ANIMALS ACT.

CONTENTS.

PART I.
Preliminary.
Stions.
1. Extent.
Z. Definitions.

Offences.

3. Cruelty to animals and sale of animallkilled with unnecel.arycruelty.

4. Overloading animals.
5. Penalty for practising phdt'.
6. Killing animals with unnecessary cruelty~
7. Employing animals unfit to work.
8. Allowing diseased animals to go at Jarac.

Infirmaries and Veterinary OffICerS,..

9. Infirmaries.
10. Appointment of Veterinary Officers.
t I. Production of animals for examination.
12. Despatch of animals to infirmary and prosecution of offender..
13. Power of Magistrate to send animals to infirmary.
14. Detention and cost of treatment of animal at infirmary.
15. Destruction of suffering unfit animals.

Procedure.

16. Arrest.

M;lCellanecnu.

17. Search-warrant,
18. Searches.

20
 Pr~~'~ntiOll of Cru~lty to Animals.

Ru/~s.

Stions.
19. Power of President to make rules.
20. Delegation o( powers.
21. Limitation of prosecutions.
22. Persons appointed under this Part to be public servants.
23. Indemnity.
PART II.

I, Extension of Part to areas to which Part I docs not apply.

2. Definitions.
3. Penalty for cruelty to animals in public places and for sale in such
places of animals killed with unnecessary cruelty.
4. Penalty (or practising phUU. .
5. Penalty (or killing animals witb unnecessary cruelly.
5A. Pendlty (or being in possession of the skin of a goat killed. with
unnecessary cruelty.
58. Presumptions as to possess'ion of the skin of a goat.
6.: Penalty (or employing anywhere animals unfit Cor labour.
7. Penalty for permitting diseased animals to go at large or to die in
public places.
7A. Special power of se,rch and seizure in respect of certain offences.
8. Search-warrants.
9,. Limitation Cor prosecutions.
10. Destruction of suffering animals.
t l~ Saving with respect to religious rites and usages.
12 Provision supplementary to 'section 1 with respect to extent o( Part.
THE pREVENTION OF CRUELTY TO ANIMALS ACl. I

[BURMA ACT II. 1930: INDIA ACT XI. 1890.]

PART I. 1

PRELIMINARY.

1. This Part sball extend in the first instance to Rangoon only. but the
President o( tbe Union may. by notification. extend all or any of its provisions
to any other local area' to which the corresponding provisions of Part II do
not extend.
I T1,e Surma L:l\"S IAd:apl.tlionl A.... I~O ISur...... A~I XXVII, 1'1401. cOllsolidaled the 811mla
rtrWltolion 01 Cru,U)' 10 AuiLnal~ Act. 19)0 (RUfina Ad II, 19.'0. and lb,' 1>,,,,,(,,I!on 01 ('"ruelty to
Artlm:l1s Acl.l890 (India Act XI. 11190. ~. P:u1. I and 11 oltho: P'eYtnlio1't 01 CnIt'lty 10A"iIMls
Act, .
PatlI !",hlch Is an ad:ll'blion of HU'ln:a Act II 011930) came illt" fce Oft the hi July, 1931
~~*.,&p"'lIlo'o~E<Ij,p~=;o ~"lECFS" 'e~?~'
~ :)j.0')~" O?O ~
 Pr~v~ntion of Crudty to AnirrJQ!.r. )(11

2. In this Part. unless there is anythina repugnant in the subject or DPllilb...

context_
(al .. animal" means any domestic or captured animal. and iochldCl
any bird. beast. or replile ;
tb) .. Commissioner of Police .. means the Commissioner of Police.
Rangoon ; and
(c) .. Rangoon" mean. the City of Rangoon as defined in c1aull'J
(vii) of section 3 of the City of Rangoon Municipal Act. and
sha1l also include the exceptions named in Schedule VI of
that Act~
OFFENCES.

3. If any person-
(a) overdrives. cruelly or unnecessarily beats. or otherwise iII-ueats Cruelly 10
~nlonals and
any animal: or ,ale of Mj.
(b) bind.. keeps or carries any animal in such a manner or position mal, killed
as to subject the animal to unnecessary pain or .uflering : or with unne.
ee l S2!y
(d offers. exposes or has in bis possession for sale any live animal rl'\lelty.
which is suffering pain by reaSOD of mutilation. starvation.
tbirst. overcrowding. or other ill-treatment. or any dead animal
which he has Rason to believe to have been killed in all.
unnecessarily cruel manner :
he shall be punished with fine which may extend to one bundred rupees. 0
with imprisonment for a term which may extend to three months. or witb
both: and on a second or subsequent conviction for any such offence. with
fine which may extend to two bundred rupees. Or with im'prisonment whicb
may extend 10 six months. or with both.
4. If any person overloads any animal he shall be punished with 811.0
which may extend to one hundred rupeeS. Or with imprisonment for a term
which may extend to three months. or with both. and on a second or subse.
quent conviction for any ~ucb offence. with fine whicb may extend to two
hundred rupees. or wilh imprisonment which may ell.lend to six months. or
with both : and-
(i) if the owner of that animal. or
(ij) if any perSon who. as a trader. contractor or carrier. or who. in
virtue of his employment by a trader. contractor or carrier. is
in possession of that animal or in control over the loadina
of it.
permits such overloading. he sball be punished with fine wbich may extend
to one hundred rupees.
Explanation.-For the purpose of this section an owner or other person
referred 10 in clauses (j) and (ii) above shall be deemed to have permitted
overloading if he shall have failed 10 exercise reasonable ~rc and supcrvi$iOQ
in respect of the loading of the animal.
 308 Prevention of Cruelty (0 Animals.

~nally fot" 5. If any person performs upon any cow or other milch animal the
praclising operation called phuH he shall be punished with fine which may extend to
philU.
two hundred rupees. or with imprisonment for a term which may extend to
six months. or with both. and the owner of the cow or other milch animal
and any person in possession of or control over it shall be liable to the same
punishment.

Killini ani. 6. If any person kills any animal in an unnecessarily cruel manner he
mall with shall be punished with fine which may extend to two hundred rupees. or with
unnecC'j;e.a,y
cruelty. imprisonment which may extend to six months. or with both.

Empl"ying 7. If any person employs in any work or labour any animal which. by
animals unfit reason of any disease. infirmity. wound. sore or other cause. is unfit to be so
to wOlk.
employed. he shall be punished with fine which may extend to one hundred
rupees. or with imprisonment which may extend to three months. or with both.
and. on a second or subsequent conviction for any ~uch offence. with fine
which mlly extend to two hundred rupees. or with imprisonment for a term
which may extend to six months. or with both; and-
(i) if the owner of that animal. or
(ii) if any person who as a trader. contractor or carrier or who. in
virtue of his employment by a trader. conlractor or carrier. is in
possession of that animal or in control over the employment of it.
permits such employnlent. he shall be punished with fine which may extend to
one hundred rupees..
Explanat;Qn.-For the purposes of this section. an owner or other person
referred to in clauses (j) and (iil above shall be deemed to have permitted
such employment if he shall have failed to exercise reasonable care and
supervision in respect o~ the protection or the animal therefrom.

Allowini 8. If any person wilfully allows any animal of which he is the owner or
dislmsed of which he is in charge to go at large in any public place knowing or having
animals to
10 at large. reason to believe that the animal is affected with any contagious or infectious
disease, or without reasonable excuse allows any diseased Or disabled animal
of which he is the owner or of which he is in charge to go at large or to die
in any public place. he shall be punished with fine which may extend to one
bundred rupees.

INFIRMA,l,IES AND VETERINARY OFFICERS.

In~nnaries. ,. The President of the Union may. by general or special order. appoint
places in any area to be infirmaries for the treatment and care of animals in
respect of which offences against this Part are alleged to have been committed
in such area; and may appoint persons to be veterinary officers in charge of
luch infirmaries.
 Prevention of Cru~/ty 10 Anilft4u. 309
10. The President of rhe Union may appoint persons to be veterinary Appoi"l.
officers for carrying into effect the pro"isions of this Part aDd may declare the ~e:'l .."
area within which each officer so appointed shan exercise his powen under ~~ry
this Part. and the area of whicb be shall be in charge..
II. (J) Any police-officer. or any other person duly authorized by tbe Prod..dioa.
President of the Union in this behalf. who has reason (0 believe thaI an offence of ani"gb
for u:on ina..
punishable under tbis Part has been or is being committed in respect or: any U_
animal. may seize the aniwal and produce the same for examination by the
veterinary officer in cbarge of the area in which tbe animal is seized:
Provided tbat. when any animal is seized under this section and the animal
cannot be produced before the veterinary officer within tluee boun of tbe
seizure. if the person in cbarge requires this to be done the animal shall be
shown to a police-officer not below the ranle of a polK:estation officer. If
such police-officer does not consider the animal ought to be detained il shall
be released at once
(2) The poJice-officer or person who seizes an animal under SUb$CChon
(I) may require the penon in charge of the animal to accompany it to the place
of examination.
12. If on seizure of an animal under tbe provisions of SCi:lion II the "'-do
ani,nals
veterinary officer is or opinion that the animal is unfit to be employed on the of to in lim-.a:ry
work or labour on which it was employed at the time of seizure. or for any and pro-
ICCUtioo 01
other reason requires care and treatment. he may send the animal for care and "",,,,,=
treatment to the infirmary. if any. appointed under section 9 and shall inform
the owner of the animal of his baving done so; and if he considers that a
prosecution is necessary. or if the owner of the animal so elects. he shall direct
the prOKcution of the offender and cause the animal to be produced before a
Magistrate within twentyfour hours of its seizure If the animal is not senr
to an infirmary. and if prosecution is not directed. the animal shall be returned
to the owner forthwith.
13. The Magistrate berore whom an animal is produced under section Power 01.
Mall:ial ... tc to
12. or the Magistrate before whom a prosecution ror any offence under this lend :Lnimall
Act has been instituted. may. if he thinks fit, direct that the animal. in respect 10 intirmary.
of which the offence is alleged or proved to have been committed. Shall be
&ent for treatment and care to an infirmary. if any. appointed under section 9.
14. (1) When an animal has been sent to an infirmary in accordance Detention
with the provisions of section 12 or section 13, it shall be detained there until. and COIl of
t...alrnenl of
in the opinion of the veterinary officer in charge of the infirmary. it is cured :lobn;1.1 at
or is again fit for the work: or labour on which it has been ordinarily employed: inlirm<lfY
t Provided that an animal sent to an infirmary may. if the veterinary
officer 10 thinks fit, be returned to the owner thereor on the owner furnishing
reasonable security in cash. to such amount. if any. as the veterinary officer
may determine. to produce the aniolal at the infirmary for the examination and
treatment as and when. required to do SO.'
I Ioscrted by Att XLVlIl. 1946.
 3'0 Pfevention 01 CrutEty to Anima;".

(2) The cost of the IreJ,tment. feeding. and watering of the animal during
the period of its detention in the infirmary shall be payable by the owner of
the aniolal according to such scale of ratcs as the Preside.nt of the Union may
prescribe :
Provided that. if the owner supplies food and water to the satisfaction of
the veterinary officer in charge of the infirmary. he shall nOI be charged with
the cost of fceding and watt ring.
(3) U the owner reuses or neglects to pay such cost. or to remove the
animal within such time as the veterinary officer in charge of the infirmary
may prescribe. that officer may direct that the animal be sold and the proceeds
of the sale be applied to the payment of such cost.
(4) The surplus. if any. of the proceeds of the sale shall. on application
to be made by the owner within twO months after the date of sale. be paid to
him; but the owner shall not be liable to make any payment in excess of
the proceeds of the sale.
(5) If no application is made by the owner (or the surplus sale-proceeds
within the time prescribed under sub-section (4). these proceeds shall be applied
in such manner as the President of the Union may direct.
(6) If the animal cannot be sold under sub-section (3) the veterinary
officer in charge of the infirmary may dispose of il in such manner as the
President of the Union olay. by general or special order. direct.

Ik.tn-clion 15. (I) A District Magistrate. a Subdivisional Magistrate. a Magistrate

of'lI({c""g of the first class. the Commissioner of Police. or a veterinary officer appointed
unfit aninl.~I .
under section 10 may direct the immediate destruction of any animal which
is so diseased or so severely injured or in such a physical condition that. in his
opinion. its condition is such as to render such a direction proper.
Any police-officer. or any other person duly authorized by the President
of the Union in this behalf. who finds any animal 50 diseased or so severely
injured or in such a physical condition that it cannot without cruelty be
removed shall. if the owner is absent or refuses to consent 10 the destruction
of the animal. at once summon the veterinart officer in charge of the area in
which the animal is found. and the veterinary officer shall thereupon take
action under this sub-section.
(2) When any animal is sent to an infirmary in accordance with tbe
provisions of section 12 or section 13 the veterinary officer in charge of the
infirmary may direct the immediate destruction of the animal if. in his opinion.
its physical condition is such as to render such a direction proper.

PROCEDURE.

1'. (I) Any police-officer or any other peu(ln duly authorized by the
Arrest.
Prc.sident of the Union In this behalf may arrest without a warrant-
(i) any person who. being in charge of an a~imal seized under the
prOVisions of section t t. refuses to accompany bim on request. or
 Prevenlion of CruellY 10 Animals. 31 f
(ii) any person commilting in his '<'iew any offence punishable under
this Act. or any person against whom he has received credible
information of having committed any such offence. if the name
and address of such person is unknown to the officer or such
duly authorized person. as the case may be. and if : ueh person
on demand declines to give his namc and address or gives a
name and address which the officer or such duly authorized
person. as the case may be. has reason to believe to be false.
(2) When the true name and address of a person arrested under sub-
section (J) have been ascertained. he shall be released on his executing a bond.
with or without sureties, to appear before a Magistrate if so required.
(J) U the true name and address of such person are not ascertained
within twenty-four hours from the time of arrest. or if he fails to execute the
bond. or. it so rcquired. to furnish sufficient suretics. he shall forthwith be
forwarded to the nearest Magistrate:
Provided that where an arrest is made under this seclion by any person
who is.not a police-officer. such person shall follow the procedure laid down
in section 59. sub-section (1). of the Code of Criminal Procedure.

MISCtlLlANEOUS.

17. If a Magistrate of the first class. the Con1missioner of Police. or any

other police-officer duly authorized by the President of the Union in this
behalf. upon information in writing and after such inquiry as he thinks
necessary. has reason to believe thai an offence against section ~. section 6. or
section 7 is being or is about to be or has been committed in any place. he
may. at any time by day or by night. without notice. either himself enter and
search. or by his warrant authorize any police-officer above the rank of a
constable to enter and search the place.
18. The provisions at the Code of Criminal Procedure relating to seilrc~es
under thar Code. shall. as far as those provisions can be made applicable.
apply to a search made under section 17.

RULES.

19. (J) The President of the Union may make rules to Carry l;Iut the Power of
purposes of Ihis Part.. President
tom~e
(2) In particular. and without prejudice to the generality of the foregoina r.\IIcs.
power. tbe President of the Union may make rules-
(a) prescribing the maximum weight of the loads to be carried aD or
drawn by animals:
(b) for pre'Oenting the overcrowding of animals :
(d prescribing the: qualifications of persons to be appointed veterinary
officers ;
; (dl p"""ibing ,,,,h !.'mnd "gist'" " m.y be "qui"d 'Os ""y_
ing out the purposes of this Part j
 3.2 Prevenlion 01 Cruelty '0 Animal,.

(e) prescribing a scale of rates according to which the cost of

Uc:atmcnt. feeding aDd watering shall be payable under sub-
section (z) of section 14 : and
U> prcoscribing tbe manner in which fines realized under this Part and
sale-proceeds realized under section 14 shall be applied.

D. The President of tbe Union may delegate. subjcet to such restrictions

al be considers fit. any of the powers conferred upon him by scetions 9,10.11,
14. and sub-section (1) of scetion IS. to any person. or local authority. or to
any society approved in tbis behalf by the President of the Union.

-,
Limitation
""~
%1. A prosecution for an offence punishable under this Part sball not be
instituted after the ClI.piration of tbree montbs from the date of the commission
of luch offence.

"'-un.
appoOnted
under
12. Every person appointed or authorized under Ition 9. 10. II. IS or
16 Iball be deemed to be a public servant within the meaning of Ition 21
Part to be of the Penal Code.
puWie
",..anh.
13. No suit. prosecution. or other legal proceeding shall lie against any
person who is or who has been declared (0 be a public servant within the
meaning of section 21 of the Penal Code for anything whieb is in good faith
done Or intended to be done under tbis Part.

PART II. 1

Ellen.ion of t. The President of the Union may. by notificalion. extend all or any of
PaTl to arul
10 whic:h the provisions of this Part to any area in the Union or Burma to which tbe
Part I dOl!I corresponding provisions of Part I do not extend. I
nohpply.
2. In tbis Part, unless there is something repugnant in the subject or
De~Dltlon . context.-
(I) .. animal" means any domestic Or captured animal: and
(2) .. street" includes any way. road. lane, square. court. alley. passage
or open space. whether a thoroughfare or not. to which the
public have access.
Peuall, for 3. If any person in any street or in any other place, whether open or
trueHy to
anhnall In closed, to which tbe public have access. or within sight of any person in any
public pl.cel street or in any sucb otber place,-
and for nle
in IlKh (a) cruelly and unnecessarily beats, overdrives, overloads or otherwise
placelof
",hna11 ill-treats any animal, or
IIllled with (b) binds or carries any animal in such a manner or position as to
'Ulneceltat',
uuoe;lt,. subject the animal to unnecessary pain or suffering, Or

.....
. I Part II (wbkb i. lID adaplatiora of Ind" Act Xt of J'9O) eame Illto force on Ille :U,t
8cc acdioll 1 of Part I 01. thil Act.
MlIT'eh,
 Prevention of Cruelty to Animals. 313.
(c) offers, exposes or has in his possession for sale any live animal
which is suffering pain by reason of mutilation, starvation or
other ill-treatment. or anj dead animal which be has reason to
believe to have been killed in an unnecessarily cruel manner.
he shall be punished with fine which may extend to one hundred rupees.
or with imprisonment for a term which may extend to three months, or with
both.

4. If any person performs upon any cow the operation called phuka, he Pen;\lIy for
pnctilinl
shall be punished with fine which may extend to one hundred rupees, or with pb{,ldo.
imprisonment which may extend to three months. or with both.

5. If any person kills any animal in an unnecessarily cruel manner. he Pen.,lty for
ani_
shall be punished with fine which may extend to two hundred rupees. or witb killing
mals witb
imprisonment for a term which Dlay extend to six months. or with both. unnecessary
cruelly IUy.
wbere.

5A. If any person has in his possession the skin of a goat, and has Penalty. fOf'
reason to believe that the goat has been killed in an unnecessarily cruel Ming in
POSU:.liOll 01
manner, he shall be punished with fine. which may extend to one hundred tile skia 01 a
rupees. or with imprisonment which may extend to three months. or with goat kiUN
with \1110
both, and the skin shall be confiscated. neCelAl)'
cruelty.

58. If any person is charged with the offence of killing a goat contrary Pre.nmp-
at to
to the provisions of section 5. or with an offence punishable under section liOll'
poue~lion 01
5A. and it is proved that such person had in his possession. at the time the Ihe lkin 01
offence was alleged to have been committed. the skin of a goat witb any part a ,oal.
of the skin of the head attached thereto, it shall be presumed. until Ihe
contrary be proved. that such goat was killed in an unnecessarily cruel
manner. and that the person in possession of such skin bad reason so to
believe.

6. (1) If any person employs in any work or labour any animal which Pen;llly for
by reason of any disease. infirmity. wound. sore or other cause is unfit to be elllploylnr
lfI;rwherc
so employed. or permits any such unfit animal in his possession or under his 1fI1trM'S un-
control to be so employed. he shall be punished with fine which may extend lit for labour,
to one hundred rupees.
(z) The President of the Union may. by general or special order.
appoint places to be infirmaries for the treatment and care of animals in
respect of which offences against sub-section (1) have been committed.
(3) The Magistrate before whom a pro<;ccution for such an offence bas
been instituted may direct that the animal in respect of which the offence is
alleged or proved to have been committed shall be sent for ueatment and
care to an infirmary and be there detained until it is in his opinion. or in the
opinion of some otber Magistrate. again fit for the work: or labour aD which
it has been ordinarily employed.
 314 Pre\'ention of Cruelty to A.nimals.

(4) The cost of the treatnlent. feeding nnd watering of the animal in the
infirmary shall be payable by the owner of the animal according to such scale
of rates as the District Magistrate may from time to time prescribe.
(5) If the owner refuses or neglects to pay such cost and to renlove the
animal within such time as a Magistrate may prescribe. the Magistrate may
direct that the animal be sold and that the proceeds of the sale be applied to
the payment of such cost.
(6) The surplus. if any. of the proceeds of the sale shall. on application
made by the owner within two months after the dale of the sale. be paid to
him. but the owner shall not be liable to make any payment in excess of the
proceeds of the sale.

~nall)' lor " If any person wilfully permits any animal of which he is the owner
permltli.'.
dhcaw1 to go at large in any street while the animal is affected with cont..gious or
animals 10 infectiow disease. or without reasonable excuse permits any diseased or
,oat lar~
OJ to die in disabled animal of which be is the owner to die in any street. he shall be
pablic punished with fine which may extend to one hundred rupees.
........
Speclsl 1A. u: a police-officer. not below the rank or subinspector. has reason
powu",
.earth ~"d to believe that an offence under section 5. in respect of a goat. is being or is
lICi~ure In about to be. or has been. committed in any place. or that any person has in
re.ped of his possession the skin of a goat with any p;trt of the skin of lhe bead
certain
offence.<. attached thereto. he may enter and search such place or any place in which
he has reuon to believe any such skin to be. and may seize any such skin and
any article or thing used or intended to be used in the commission of such
offence,

~e;1lrch 8. (1) If a Magistrate of the lirst class. Subdivisionsl Magistrate or

W~rTM"I'. Dislrict Superintendent o( Police. upon information in writing and aller such
inquiry as he thinks necessary. has reason to believe that an offence against
section 4. section 5 or section 6 is being or is about to be or has '.been
committed in any place. he may either himself enter and search or by his
warrant authorize any police-officer above tbe rank o( a constable to enter
and search the place.
(2) The provisions of the Code of Criminal Procedure relating to searches
under that Code shall. so far as those provisions can be made applicable.
apply to a search under subsection (J) or under section 7A,

Ll"'jlatlon 9. A prosecution (or an offence against this Part shall not be instituted
for prOK>;I,l' after the expiration of three months (rom the date of the commission of the
ll001s.
offence.

DltIlnac:tion 10. When any Magistrate or District Superintendent of Police has reason
of lufl'uinl to believe that an olIence against this Part has been commilled in respect of
animals.
any animal. he may direct the immediate destruction of the animal if in his
opinion its sufferings are such as 10 render such a direction proper.
 Prevention of Crudty 10 AnimalsJ 315

11. Nothing in this Part shall render it an offence to kill any anjmal i.n S..intwitb
a manner required by the religion or religious rites and usages of aoy race. ~e.ptd M
sect. tribe or class.
......
fcliri_
~itu and

12. Notwithstanding anything in section I. sections 9. 10 and II shall Pn:t>iNOD

~ to
extend to ever) local area in which any section of this Part constituting ao IDenbry
offence is for the Lime being in force. -.liOll 1 witb
raped; ton-
teat of Part.

THE WILD LIFE PROTECTION ACT.

CONTENTS.

CHAPTER I.

PJ.ELnmJAl.Y.

Sections.

I. Exclusion of certain areas froiD operation of Act.

2. Definitions.

CHAPTER II.

GENIlRAL PROTECTtON OF ANIMALS. THEtR PARTS AND PItODUClS.

Sanctuaries.

3. Power to declare sanctuarief.

4. Acts prohibited in sanctuaries.

Reseri'ed FOre$ls.

5. Acts prohibited in reserved forests.

Outside Sanctuaries and Reserved Forests.

6. Completely protected animals.

7. Protected animals.
8 Close seasons during which other animals will be protected.
9. Prohibition against snaring and the possession and sclling and buyiol
of cortain live animals. .
316 Wild- Lile Protection.
Genual.

Sa:tions.

10. Unlawful methods of hunting.

11. Prohibition of export and import of animals.
12. Exemption under certain conditiods.

CHAPTER III.

PENALTIES AND PROCEDURE.

Penalties. Police Powers and Protection and Seizure of Property.

13. Pcnahies.
t4. Power to prevent commission of offence._
15. Power to arrest without warrant.
16. Seizure of property liable to confiscation.

Compounding at. and Compensation for. Offences.

17. Power to compound offences.

Disposal of Proputy Seized.

18. Animals. weapons. tools. elc. when liable to confiscation.

19. Disposa), on conclusion oC trial for offence. of produce in respect of
which offence was committed.
20. Procedure when offender is not known or cannot be found.
21. Procedure as to perishable property seized under section 16.
22. Appeal from order under section 16. 18. 19 or 20.
23. Vesting of confiscated property in the State.
24. Saving of power to release property seized.
25.. Recovery of penalty due under bond.

CHAPTER IV.

FOREST OFFICERS. GAMe W AIl0ENS AND POLICE-OFPJCEIlS.

26. Investiture of officers with certain powers.

27. Officers to be deemed public servants.
 Wild Lif~ Prot~c'(o". 3:17

CHAPTER V.

SUPPLEMENTAL PaOVISIONS.

Rlllu.

Sec'ions.

28. Power to make rules.

29. Publication and effect of rules.
30. Indemnity tor acts done in good faitb.
31. The Government and its officers not liable for loss or damage in
respect of certain produce.

Acquisition of Land.

32. Land required under this Act to be deemed to be needed for a public
purpose.

Saving Clau$~.

3). Saving.

THE WILD LIFE PROTECI'ION ACf.

(BURMA Ac:r VII. 1936,] (7tb November. 1936.)

CHAPTER I.

PRELIMINARY.

1. The President of the Union may. by notification, exclude any area Elcllltion of
from the operation of this Act. Such exclusion sban not affect anythiDj: ec:rbin al"eu
done. or the liability for any offence committed. or Iny fine or penalty ~=of~
imposed. in such area before such exclusion.

Z. In tbis Act. unless there is anything repugnant in the subject or De6nitiona.

context.-
(0) .. to hunt" with its grammatical vanatloal includes hunting... To htlllt. ..
wounding. killing. capturing or (in reserved forests) liabing by
any method;
 3'8 Wild Lift prortion.

.. I'Meit (h) .. Forest Officer" means a Forest Officer as defined by 5ub-s:lCtion

OIIicer.'
(5) of section 3 of the Forest Act;
.. Police- (<I .. police-officer .. mCiins a polic:e-officer in charge of a police-station
officer." or other police-officer of and above the rank of sub.inspector ;
" Gain.: (d) M Game Warden" meaos any person appointed to be a Game
Wardl'D.-
Warden under Ihis Act:
.. Offence," (.) .. offence" means anything made punishable under the pro,'isioos
of tbis Act:
"RC:lerv~ (f) .. reserved forest to means a reserved forest as defined by sub-
(orest."
section (11) of section 3 of the Forest Act:
"S~rc_ (g) .. sanctuary" means any area which has been or may be declared
luary." by the President of the Union. by notificalion. to be a sanctuary
for the preservation of animals :
" Ma~... (h) .. Magistrate" means a Magistrate of the firSI or second class. and
tute. any Magistrate of the third class specially empowered by the
President of Ihe Union to try offences punishable under this Act;
.. Animal. "
(j) .. animal" includes all birds. mammals and reptiles. other than
snakes. that are found in a wild state in the Union of Burma.
and also include, fish in reserved forests.

CHAPTER [I.

GEHERAL PIlOTEcnOH OP Al'lIMALS. TREIIl PUTS Al<ID PIlODUCTS.

SancluQri~$.

PowtrlO
3. The President of lhe Union may. by notification. declare any land
dedare which is at the disposal of the [State]l. and. subject to Ihe consent of Ihe
",nchla';". owner and to such conditions as may be determined by mulual agreement.
any land which is private property. to .be a sanctuary:
Provided that before any area is declared 10 be a sancluary. nOlices of
the proposal to declare such area as a sanctuary shall be published for n
period of not less than three monlhs calling for objections 10 such proposal.

4. No person shall in a sanctuary-

Acta pro-
hibited in (a) bunt any aninial except with the special permission of the President
IandlluiC!'o
of
the Union which shall be granled only for scientific purposes
or to preserve the balance of animals :
(b) drive. stampede or wilfully disturb any animal.
 Wild Lit~ Prouction. 319

S. Subject to any right created by grant or contract in the mann~r pre- Acts pro-
scribed in section 23 of the Forest Act. no person shall in a reserved. forest. hibitedin
save under and in accordance with the conditions of a licence. rcsCTtlcd
foreals.
(0) hunt. drive. stampede or wilfully disturb any animal; or
(b) remove any animal or part or product thereof.

OUlJid~ Sonctuarlts and Rtstrv~d FortslJ.

6. No person shall hunt any of the following animals. or .knowingly CQll'!PIrlc:ly

protcdcd
possess. sell or buy them alive or dead. or any part or product t.hereof. save animals.
under and in accordance with the conditions of a special licence issued by tbe
President of the Union for scientific' purposes.~
Rhinoceros. tapir. argus pheasant. masked linfoot. and any other
animals tbat the President of the Union may. by notification.
declare to be completely protected animals under this section:
Provided that it shall not be an offence for any physician or druggist 10
possess or sell. or for llny person to possess for private medical purposes.
rhinoceros blood or any preparation thereof:
Provided further that it shall not be an offence for any person to continue
in the possession of any article which he possessed before this Act came into
force. or to possess or sell or buy any part or product of any animal specified
therein wbich has by a process of bond lid~ manufacture lost its original
identity.
7. No person shall hunt any of the following animals. or knowingly
possess or sell or buy them alive or dead. or any part or product thereof. save
under and in aC(:ordance ..ith the conditions of a Iicence.-
Elephant. bison. ,aing, Ihamin, serow and goral. and any other animalt
that the President of the Union may. by notification. declare to
be protected animals under this section:
Provided that it shall not be an offence to possess. buy or sell any
domesticated elephant or any part or product tbereof :
Provided further that it shall not be an offence for any person to coo-
tinue in the possession of any article which he posse~sed before this Act came
into force. or to possess or sell or buy any part or product of any animal
specified therein which has by a process of bond (ide maou!acture lost its
original identity.
8.. No person shall hunt any of the following animals. or sell orbuy or Cl.-
possess them alive or dead. duri"g the close seasons specified against tbem ..-.
dunne whk:b
below ; and DO person shall possess or sell or buy any part or product of any other
such animal if it has been killed or captured during the close season. aDd. if animal. wiD
bcprotedCll.
the corpse or ftesh of any sucb animal is found in the possession of any pcno,
 320 Wild Ute Protection.

during a <:lose season. it shall be presumed until the contrary is pro~ed that
the nimal was unlawfully killC'd or captured by bim during the <:lose seaSOD :-
Hog-deer }
Sambbur 15th June to 30th September.
Barking deer
All species of :-
1
Peafowl
Pheasant (except Argus pheasant)
Partridge
I
Jungle fowl ~ 15th March to 30th September.

QuaU
Wild duck
J
Teal
Provided that the President of the Union may. by notification. vary the
close seasons given above. or add any other animal to the list of animals pro-
tected therein and prescribe the close seasons therefor.
Prohibition ,. No person sball capture or possess or sell or buy any live animal herein
:lp.iDIt
marina: :Iud specified during any part 01 the year :-
thcpolU$- All species of snipe. wild duck. teal. wild geese :
lion and
telling ud Provided that the President of the Union may. by notification. add any
buying 01
eauiu.lift other animal to the above list of animals protected therein.
Dimall.
GC'nerQI.

Unlawf<ll 1. No person shall do any of the Jotlowing acts. namely :-

methodlof
hlUltina:.
(a) lay down poison for any animals except as permitted under aection
II A. sub-section (1). of the Fisheries Act : or
(b) bunt any animal by means of pitfalls; or
(d hunt any animal other thao carnivora from aoy platform or machan.
bide or pit : or
(d) usc artificial light for the purpose of hunting any animal other
than carnivora; or .
(t') shoot any animal olher than carnivora from the back of an elephant
or (rom any kind of wheeled vehicle or aircraft; or
(0 usc any elephant. wheeled vehicle or aircraft in such manner as to
drive. stampede or disturb any animal other than carnivora (or
any purpose whatsoever. including that of filming and photograph-
ing; or
(g) hunt within two bundred yards of the compound of an inhabited
Buddhist monastery or o( a religious edifice for whicb trustees
have beeD appointed : or
(II) use explosive for fishina in reserved (orests ; or
(i) hunt with dogs any animals except carnivora. hares and birds:
Provided tbat tbe President of the Union may. by notification. prohibit
aD)' other method. of hunting.
 Wild Life Prouction. 321

11. (n No person shall export from or import into the Union of Prohibition
Burma any of the following animals or any part or product thereof- of e:qlOrt
;and rrport
(i) rhinoceros: oJ auiln;a)
(ii) except under licence issued by an officer empowered to do so by
the President of the Union-
(0) any living animal other than rhinoceros:
(b) any part or product of elephant. and egret's fea.thers :
Provided that this section shall not apply to any such part or product
which has by a process of bona {ide manufacture lost its original identity:
Pro\'ided further that the President of the Union may. by notification.
extend this section to any animal not specified therein.
(2) Any Customs Officer or other officer authorized by the President of
the Union may detain any animal or any part or product of any animal
specified in clause (i) and subc1ause (ii) (b) of s\lb.scction (n unless a licence
)las been obtained as herein required.
12. Nothing in this Chapter shall be deemed to apply to the killing or EXel'llpHon
wounding of any animal by any person in defence of himself or of any other under
cerlain
person. or in bond fide defence of property: CO:ldillona
Provided that-
(a) any such person killing. capturing or wounding any animal protected
under sections 6. 7 and B shaH at once report the fact to the
nearest Magistrate. Forest Officer. Game Warden or police-officer,
"d
(b) that the animal ~o captured or destroyed and all parts thereof.
other than parts subject to speedy decay. shall be the property
of the [State]l but such animal or any part thereof may at the
discretion of a Forest Officer specially empowered by the
President of the Union in this behalf be given to tbe person
who has killed it.
CHAPTER Ill.
PENALTIES AND PROCEDURE.

Penalties, Police Powers and Protect'on and Sei~ure 01 Property.

13. Whoever commits or attempts to commit an offence under this Act Penaltid.
sh311 be punishable with imprisonment for a term which may extend to six
months. or with fine which may extend. where the damage resulting from the
offence amounts to more than two hundred and fifty rupees. to double the
amount of such damage. and in any other case. to five hundred rupees. or with
both:
Provided that for the offence of illegal possession under sectios 6. 7. B
and 9 no person shall be prosecuted without the prior sanction of tbe District
Magistrate.
, Sub$lituted by th., l'nion of nunn~ (Adaptatioo of L1wsl On1er, t948.
 322 Wild Life Prottion.
Po,"r to 14. Every Magistrate. Forest Officer. Game Warden and police-officer
p,,,,enl
commilliorl shall prevent. and may interfere {or the purpose of preventing, the commission
of oIfeTloe. of an~ o~ence under this ACl.

Powtr to IS. (I) Any Forest Officer. Game Warden or police-officer may, without
Irre~t
without orders from a Magistrate and without a warrant. arrest any person reasonably
warrant suspected of. hav.ing been concerned in any offence under this Act if such
person refuses to gi.e his name and residence. or gives a name or residence
which there is reason to believe to be false. or if there is reason to believe
that he will abscond.
(2) Every officer making an arrest under this sub-section (J) shall.
without unnecessary delay. take or send the person arrested before a Magistrate
having jurisdiction in the case or the officer in charge of the nearest police-
station
~b1ll"eof 16. (I) When there is reason to believe that an offence has been
properly
liable to committed in respect of any animal. such animal or any part or product
oonlfic;l,tion. thereof. togetber with all hunting implements, as well as all tools. animals.
vehicles. vessels or other conveyances used in the commission of such offence.
may be seized by any FOIest Officer. Game Warden or policeofficer.
(z) Every officer seizing any article or thing under this section shall
place on such article or thing. or the receptacle. if any. in which it is con
tained. a mark indicating Ihat the same lias been so seized. and shall. as soon
liS may be. make a report of such seizure to the Magistrate having jurisdiction
to try the offence on account of which the seizure has been made:
Provided that when tbe offender is unknown it shall be sufficient if the
officer makes. as soon as may be. a repon of the circumstances to his official
superior.

Compounding 01. and Compensation lor. ODenu$.

POWtt to 17. {O The President of the Union may. by notification. empower any
oompound
offeneu. Forest Officer of or abo\'e the rank of E;\tra Assistant Conservator and any
GlI.me Warden-
(a) to accept from any person against whom a reasonable suspicion
exists that he has committed an offencc under this Act. a sum
of money not clI.ceeding fifty rupees by way of compensation for
the offence which such person is suspected to have committed.
nnd
(b) whcn any property bas heeD seized as liable to confiscation. to
release the same on parment of the value thereof as eSlimated
by such officer.
 Wjld Life Protection. 321

(2) On the payment of such sum of money. or such value. or botb. u

the case may be. to such officer. the suspected person. if in custody. shaH be
discharged. the property. if any. seized shall be released. and no further
proceedings shall be taken against such person or property.

Disposo.l Of Properly Sei~d .

8. (I) When IIny person is convicted of an offenu under this Act. any
animal and any part or product thereof in respect of which such offence has wapoa.. ....-
IllOls. etlc:.,
been committed. and all hunting implements. as well as aU tools. animals. when liable
vehicles. vessels or other conveyances used in the commission of sucb offence. t. """"-
lion.
may be confiscated by order of the Court.
(2) Such confiscation may be in addition to any other penalty prescribed
for such offence .
,. When the trial of any offence under this Act is concluded. any thing DUr-aI. on
or animal confiscated under section 18 may be disposed of in such manner as cond....toa ~
the Court may order ~~ of
produce ill
~p<d'"
.hkh
offencewu
f;OQIfRitlcd.
10. (IJ When the offender is not known or cannot be found. the
Magistrate inquiring into the offence may. if he finds that an offence has been
commiued and on application in tbis behaU. orLier any thina or animal liable
.....
Procedure

oIfellde-r i.
nolltnown
to confiscation under sct:tion 18 to be confiscated and taken possession of by or c:tnftOl
a Forest Officer or Game Warden specially empowered in tbis behalf. or to befOUDd.
be made over to such Forest Officer or Game Warden or otber person as the
Magistrate considers entitled to the same:
Provided tbat no such order shall be made tilt the expiration of olle
month from the date of the seizure of such thing or animal and without
hearing the person. if any. claiming within that period an)' right thereto. and
the evidence. if any. which he may produce in support of his claim.
(z) The Magistrate shall either cause a notice of any application under
sub-section {O to be served upon any person whom he has reason to believe
to be interested in the thing or animal seized. or publish such notice in any
way which he thinks fit.
11. Notwithstanding anything hereinbefore contained. the Magistrate PTocedure :u
may at any time direct the sale of any thing or animal seized under section 10 [leriah:lblc
prorerty
16. if such thing or animal is subject to speedy decay. and Inay deal with such .eizcd '"ldel'
thing or .mimal if it has not been sold. ICCtioa 16.

11. Any person claiming to be interested in any articl~. thing or animal Appeat from
order w:r.dcr
seized under section 16 may. within one month from the date ot any order Hction 16,
passed by a Magistrate under sct:tion 18. 19 or 20. present an appeal there- 11, 19 or 2Q,
from to the Court to which orders made by such Magistrate Kre onlinJ.{ily
appealable. and the order passed on sucb appeal shall be tinal.
 Wild Life Protection.

Vestinll: of 13. When an order for the confiscation of any artiele, thing or
rontiK",ted
properly in animal has been passed under section 18 or section 20. and the period limited
lheStJlte. by section 22 for presenting an appeal from such order has elapsed and no
such appeal has been presented. or when. such an appeal being presented, the
appellate Court confirms such order in respect of the whole or a portion of
such thing or animal, such thing or animal or portion. as the case may be.
shall vest in the [State] I free from all claims.

Sa_inll: 01. 24. Notwithstanding anything hereinbefore contained. any Forest Officer.
pow",r 10
,,,,lun Game Warden or police-officer empowered in this behalf by the President of
rroJ""Tly the Union may direct at any time the immediate release of any thing or
sri:"'d. animal seized under section 16 which is not the property of the [State] I and
the withdrawal of any charge made in respect of such property.

R",,,,o_'rTyd 25. When any person. in compliance with any rule under this Act. binds
I'~n:olty d ..' C
himself by any instrument to perform any dUly or act. or covenants by any
linde' boud.
instrument that he. or that he and his servants and agents. will abstain from
any act. the whole sum mentioned in such instrument as the amount 10 be paid
in case of a breach of the conditions thereof may. notwithstanding any,hing
in section 14 of the Contract Act. be recovered from him in cue of such
breach as if it were an arrear of landrevenue.

CHAPTER IV.

FOREST OFFICERS. GAME WARDENS AND POLlCEOFFICEaS.

I"vulltu'e 16. The President of the Union may invest I any FOrest Officer. Game
of off.cCJS
'Il/ilb. errtaln
Warden or police-officer with all or any of the following powers. to be
power exercised for the purposes of this Act. namely :-
(a) tbe powers of a Demarcation Officer under the Boundaries Act;
(b) the powers of a civil Court 10 compel the attendance of witnesses
and production of documents:
(d power to hold inquiries into offences under Ihis Act. and in the
course of such inquiries to receive and record evidence:
(d) power to lake possession of property under this Act:
(e) power to direct the relellse of property or withdrawal of charge;
(f) power to Forest Officers and Game Wardens only to issue licences
referred to in sections 5 and 7.

to be
Offi(:ert %7. All Forest Officers. Game Wardens and police-oflicen performing
drrmrd put>. function. under this Act shall be deemed to be public servanU within tbe
li~H:,vanh ..
meaning of the Penal Code.

, Subotitut",d bY Uit UDiOli of Burma IAd~plalloa of La....... Order. 194L

t St<e tbe nlIa j,ublished itlt"'" S ..,..,.. c.. tdl~ 1941, Part I, Po l5.
 Wild Life P1'Ottion. 325

CHAPTER v.
SUPPLEMENTAL PROVISIONS.

Rule'.
28. (J) The President of the Union may make rules 1 to carry out the POwer to
objects and purposes of this Act. make rul".
(2) In particular. and without prejudice to lbe generality of the (oregoiol
power. sucb rules may_
(4,) declare. by what Forest Officers. Game Wardens or police-officer'
the powers or duties conferred or imposed by or under this Act
on a Forest Offir. Game Warden or police-officer are to be
exe~i$Cd or performed;
(b) regulate the rewards to be paid to officers and informers from tbe
proceeds of ines and confiscations under this Act or from the
public treasury:
(d prescribe the form and conditions of licences and provide for tbe
issue. production and return oC licences for regulating any
matter provided far in this Act and fix tbe fees payable for
such licences;
(d) regulate the appointment and prescribe the duties of Game
Wurden, ;
(e) prescribe the measures to be taken in areas adjacent to sanctuaries
to preyent the oet:urrence or spread of diseases in sanctuaries.
(3) The President of the Union may. by a rule under this section.
attach to the breach of any rule under this section any punishment not
exceeding imprisonment for a term which may extend to sU. months. or fine
which may ex lend to five hundred rupees. or both.

19. All rules nlade by the President of the Union under this Act sball
be published in tbe Gazette and .hall thereupon hal-e the ume effect u if
eoacled in this Act.
30. No suit or criminal prosecution shall lie agaiost aoy public servant Il'demnity
(or:aclt .fOlIe
for anything in good faith done or purported to be done under this Act.
In load faith.
31. The Government shall nol be responsible for any lou or damage The Go~ern
which may occur in respect of any thing or animal while detained for the ment and it,
olIic:en not
purposes of this Act. and no Forest Officer. Game Warden Or police-officer liable for I~
shall be responsible for any such loIS or damage unless be causes the same or damage ill
raped 01
negligently or maliciously- eulaio

Ac:qui,i!ion of Land. -~.

JZ. Whenever it appears to the President of tbe Union that any land is LaDd fC-
required fOr any of the PUlPOses of this Act. such land IhaU be deemed to be '::J1~:d.DI~'t:.
dHmnIloOt
 326 Wild Life Protection.

ndtd for a needed for a public purpose witbin the meaning of section .. of the Land
public Acquisition Act.
purpose.

Salling Clause.

33. (I) Nothing in this Act shall apply to the acquisition. possession.
sale. exchange. import and export of any animals by or on behalf of the
Trustees of the Victoria Memorial t in good faith for the purposes laid down
in tbe Rangoon Victoria Memorial Act
(z) Nothing in seclions 8 and 9 shall apply to the keeping in captivity of
animals kept for purposes of display. educational purposes or in public parks
andgaedens.

THE GLANDERS AND FARCY ACT.

[INOlA Act XIII. 1899.) (20th March. 1899.)

1.
DcfiultlOll 01 2. (I) In this Act. unless there is anytbing repugnant in the subject or
"dileased". context ... diseased" means affected witb glanders or ,....rcy. or any other
dangerous epidenlic disease among horses which the President of the Union
may. by notification in the Gazette. specify in this behalf.
(Z) The provisions of this Act relating to horses shall apply also to camels.
asses and mules

Appliution 3. (I) The President of the Union may. by notification in the Gazette.
01 Act 10 apply tbis Act or any provision of this Act to any local arell. to be specified
local areas by
Pre,ldml. in such notification. within the Union of Burma.
(Z) In any such notification the President of the Union may further direct
tbat tbe Act or any provision so applied shall apply in respect of_
ta) all or any of the diseases mentioned or spified in a notification
under section 2. sub-section (1).
(b) aU animals or any class of animals mentioned in section 2. sub-
section (Z),

Prerident; 4. (1) When this Act has been so applied to a local area. the President
lOlppolnt of tbe Union may. by notification in the Gazette. appoint such persons as he
In_peelo....
tbinks fit to be inspectors under this Act and to exercise and perform. within
the whole of the local area or such portions thereof as he may prescribe. tbe
powers conferred and the duties imposed by this Act on such officers.
(2) Every person so appointed sball be deemed to be a public servant
within the meaning of the Penal Code.

ZOOlogic:ti'G;:'~'d~':";
I No.... lhc Trlllle-es o,tbe R:tniOCln .- - - - - - - - - - -
- Now lb. Riln.l1,OOIl ZoolOCin.l l;arcknl A\I tBunna Ad J. 19(1').
 Glanders and Fan:y. 321
5. Within the local limits for which he is so appointed. any such inspedor l'o""er 01
as aforesaid may. subject to such rules as the President of the Union may entry and
lOurc:h.
make in this behalf. enter and search any field. building or other place for
the purpose of ascertaining whether there is therein any horse which is diseased.

6. Within such limits as aforesaid. the inspector may seize any hone Power 01
llcizure.
which he hu reason to believe to be diseased.

,. (I) On any such seizure as aforesaid. the inspector shall cause the Hone to be
eJQ1llined bJ
horse seized to be examined as soon as possible by such veterinary practitioner -.ckria:ary
as the President of the Union may appoint in this behalf: pracUtiQ:ltl'

Provided tbat, when the inspector is also a veterinary practitioner 10

appointed. be may make the examination himself.
(1) For the purposes of the examination. the veterinary practitioner may
submit the horse to any test or tesu which the President of the Union may
prescribe.

8. eJ) If the veterinary practitioner certifies in wrltlDg that the horse HorM to~
datr~d;f

..
is diseued. the inspector shall cause the same to be immediately deslroyed: found dQ.
eoloH'd :
Provided that. in the case of any disease other than glanden or farcy.
horses certified to be diseased as aforesaid may. subject to any rules which """""
reslored.
the President of the Union may make in this behalf. be eitber destroyed or
otherwise treated or dealt with as the v~terinary practitioner may deem
ne<:euary
(z) If. after completing the examination. the veterinary practitioner does
not certify that the horse is diseased. the inspector shall at once deliver the
same 10 the person entitled to the possession thereof.

,. (I) When any diseased horse has been in any building. shed or other Whea horte
d;lOQSed,
enclosed place, or in any open lines. the inspector may issue a notice to the place where
owner of the building. shed. place or lines. or to the person in charge thereof. ;Ib... been
directing him to have the same disinfected. and the internal fittings thereof. 10 bcdi'in_
feded, ete.
or such other things found therein or near thereto as the President or the
Union may by rule prescribe. destroyed.
(z) On the failure or neglect of such owner or other person 81 aforesaid
to coniply with the notice within a reasonable time. the inspector shall causo
Ihe building. shed. place or lines to be disinfected and the fittings or other
things to be destroyed. and the expense (if any) thereby incUJred may be
recovered from the owner or other penon as if it were a fine.

10. The owner or any person in charge 01 a diseased horse shall give o..tt~
immediate information of the horse being diseased to the inspector or 10 such pen;Qp in
c:har~cof
authority as the President of the Union may appoint in this behalf. di,u-'
honclo
&in DOIiee.
 328 Gland~rs and Farcy.
Prl!hibiUon 11. No person in charge of any horse which has been in the same field.
re
101~11.lt
11'.0\':11. with- building or place as. or in contact with. a diseascd horse. shall remove such
oulll<.t\'lol.:t. horse except in good faith for the purpose or preventing infection. or under a
'" ""K
",bleb hal
been with
licence to be granted by the inspector and subject to the conditions of the
licence.
dilC::l.ud
bon<.
Vuatlous 11. (I) Whoever. being an inspector appointed under this Act. Yexa
cntritlh _

-"'"
niwres_
tiously and unnecessarily enters or searches any field. building or other place.
OJ seizeto or detains any horse on the pretence that it is diseased. shall be
punishable with imprisonment for a term which may extend to six months. or
with fine which may extend to fi\-e hundred rupees. OJ with both_
(2) No prosecution under this section shall be instituted after the expiry
of Ihree months from the date on which the offence has been committed.
Pm~It, lor 13. Whoever refuses or neglects to comply with any notice issued by the
rdUlin& to
comply with inspector under section 9. or removes any hOrse in contravention of
nollce IIndtr section II. shall be punishable with imprisonment for a term which may
tt~ 9, or
101" rnttYin& eltlend to one month. or with fine which may extend to fifty rupees. or with
houecon both.
lrary tel lte-
tioa 11.
Power to 14. (J) The President of the Union may make rules 1 to carry out the
make rllln..
purposes and objects- of this Act.
(2) In particular. and without prejudice to the generality o~ the fore.
going power. such rules as aforesaid may_
(a) regulate entries. searches and seizures by inspectors under this
Act:
(b) regulate the usc or teslS. and Ihe isolation of horses subjected
thereto. and provide for recovering the expense of detaining.
isolating and testing horses from the Owners or persons in
charge thereof as if it were a fine:
(c) regulate the destruction or trealment. as the case may be. of
horses certified under section 8 to be diseased. and the disposal
of the carcases of diseased horses:
(d) regulate the disinfecting of buildings and places in which diseased
horses have heen. and prescribe what things found therein or
near thereto shall be destroyed: and
(r) regulate the grant of licences under section 11 and the conditions
on which those licences shall be granted.
(3) All rules under this section shall be published in Ihe Gazette. and
on such publication. shall have effect as if enacted by this Act.
(4) In making any rule under this section. the President of the Union
may direct that a breach of it shall be punishable with imprisonment for a
term which way extend to one month. or with fine which Dlay extelld to
fifty rupees. Or witb botb.
1 .'oc ILcb fukl, Ite RIl,"'" C_Iflft, t937. hIt I. p.1.
 Glanders and Farci. 329
IS. Any veterinary practitioner may be appointed by the President of Appoint.
the Union to be both inspector and veterinary prac:titioner for all or any of ment of
same person
the purposes of tbis Act or of any rule thereunder. 10 be both
inJpeclor
and veteri-
nary prac1i-
Honer.
16. No suit. prosecution or other legal proceeding shall lie against any Protection
topen<>nl
person for anything which is. in good faith. done or intended to be done acting under
under this Act. Aol

TIlE DOURINE Aer.

[INDIA ACT V. 1910.] (25th February. 1910.)

1. This Act extends only to such areas as the President of the Union E:lIlmt.
may. by notification, direct.

2. (I) In this Act. the expressions .. inspector" and .. veterinary DelinitionJ

practitioner" mean. respectively, the officers appointed as such under this
Act, acting within the local limits for which they are so appointed.
(2) Thc provisions of this Act in so far as they relate to entire horses
shall. if the President of the Union by notification so directs. apply also to
entire asses used for mule.breeding purposes.

RegistrllllOD
3. 1'he President of the Union may. by notification. make such orders as of hor-.
he thinks fit directing and regulating the registration or entire horses main.
tained for breeding purposes.

4. (I) The President of the Union may. by notification. appoint any ApPll'nt.
",elll of
persons he thinks fit to be inspectors, any qualified veterinary surgeons to be i1npe>:torl
"'cterinary practitioners. under Ihis Act. and to exercise and perform, within and .'eteri-
nary I'rac:tio
any area prescribed by the notification. the powers conferred and duties lIo"ell.
imposed by this Act upon such officers respectively.
(2) Every person so appointed shaH be deemed to be a public servant
witbin the meaning of the Penal Code.

5. An inspector may. subject to sucb rules as the President of the Union POWeti 01
Inspeelor.
may make in this bchalf._
(a) enter and search any building. field' or other place Cor the purpose
of ascertaining whether there is therein any borse which is
affected with dourine:
(b) prohibit. by order in writing. the owner or keeper of any horse.
which in his opinion is affected with dourine. from using su<:h
horse for breeding purposes. pending examination by the
veterinary practitioner ;
 bourint.
(c) direct. by order in writing. the owner or keeper of any horse
whicb. in the opinion of the inspector, is affected with dourine
to remove it or permit it to be removed for tbe purpose of
segregation to a place specified in the order. and such direction
shall be sufficient authority for the detention of the horse in
that place for that purpose.
Dutin of 6. An inspector issuing an order under section 5 shall forthwith lorward
Inspector.
a copy of such order to tbe veterinary practitioner.

7. A veterinary practitioner receiving a copy of an order forwarded under

section 6 shall. as soon as possible after receipt of such copy. examine the
horse mentioned therein. and may tor such purpose enter Bny building. field
or other place.
Pown-a of . A veterinary practitioner l11.y_
vettrinary
llractltion. {a} cancel any order issued under section 5 : or
(b) if on microscopical uamination or by other lCienti6c test he finds
that any horse is ..fleeted with dourine._
ti) in the case of an entire horse. cause it to be castrated.
lii) in the case of a mare. with the previous sanction of such authority
as the President of the Union may appoint in this behalf.
or. if 50 empowered by the President of the Union. without
such sanction. cause it to be destroyed.

Compenn 9. When any horse is castrated or destroyed under section 8. the_market-

lion fnr value of such horse immediately before it becanlC affected with dourine shall
horae de
.Iro~ed. etc:.
be ascertained: and the Government shall pay as compensation to the owner
tbereof-
(a) in the case of a mare which has been deuroyed. or of an entire
horse which has died in consequence of castration. sucb
market-value. and
(b) in the case of an entire horse which survives castration. half the
amount by which such value. has been dinlinished owing to
infection with dourine and cllsfration.

Sdllemenl 10. (I) A veterinary practitioner may award, as compensation to be

of eomren- paid under section 9 in respect of each hOrse castrated or destroyed under
utlon
section 8. a sum not e;tceeding two hundred and I1fty rupees.
(2) If, in the opinion of the veterinary prnctitioner. the amount which
should be paid as such compensation exceeds two hundred and fifty rupees.
be shall report accordingly to the Collector. wbo shall decide tbe amount to
be so paid.
Cnmmitlu.
11. (J) Tbe President of tbe Union shall. by rulea pUblished in the
or hea'U1~ uazette. make provision for the constitution of a committee or committees for
.ppeal.. the bearing of appeals from decisions under IICCtiOD 10.
 I>ourint. 331
(2) Such rules shall provide that not less than ODe member of any com.
mitlee constituted thereunder shall be a penOn not in the service of the
Government or of a local authority.

11. Any owner may. within two montbs from tbe date of a decision
under section 10. appeal against sucb decision to lbc committee constituted
in that behalf by rules made under .section t I. and tbe decision of sucb com.
mittee 5ball be final.

13. (I) Whoever. being an inspector appointed under this Act. veu-
tiously and unnecessarily enters or searches any field. building or other place.
shall be punishable with imprisonment for a term which may extend to six
Dlonths. or ~ith fine which may extend to five hundred rupees or with both.
(2) No prosecution under this section shall be instituted after the'
expiry of three months from the date on whicb the offence bas been
committed,

14. (I) The President of the Union may make rules fOr tbe purpose of R.....
carrying into effect the provisions of this Act.
(2) In particular. and without prejudice to the generality of the fore-
going power. suc h rules as aforesaid may_
(a) regulate the exercise of the powers conferred on inspectors under
section 6 ;
(b) regulate the action to be taken by veterinary practitioners under
section 8.
(3) All such rules shall be published in tbe Gazette. and. on such
publication, shall have effecr as if enacted in this Act.
(4) In making any rule under this section the President of the Union
may direct that a breach of it shall be punishable with fine which may
extend to fifty rupees.

15. Whoever uSeS or permits to be used for breeding purposes_ Penallin

(a) any horse which bas not been registered in accordance with the
requirements of a notification under section 3. or
(b) any horse in respect of 'Which an order under clause (bJ Or clause (c)
of section 5 is in force.
shall be punishable with fine which may anlOunl. in the case of a first
conviction. to fifty rupees. or. in the case of a second or subsequent convic.
tion. to one bundred rupees.

Ifi. No suit. trosccution or other legal proceedina sball lie against any Protcelioa
person for anything whicb is. in good faith. done or intended to be done 10 pcI'tIOI'll
a<:lml WIder
under thi, Act. ,of.
 332
THE LIVE-STOCK IMPORTATlON ACT.

[1r-;olA Acr IX. 1898.) (IZth August. 1898).

L
Ddinitiont. 2. In this Act. unless there is anything repugnant in the subject or
context._
(o) the expression .. infectious or contagious disorders" includes
tick-pest. anthrax. glanders, farcy. scabies. and any other
disease or disorder which may be specified by the President of
the Union by notification in the Gazette: and
tb) "Ii,'c-stock" includes horses. kine. camels. sheep. and any other
animal which may be specified by tbe President of the Union
by notification in the Gazette.

Power to 3. (I) The President of the Union may. by notification in the Gazette.
na~l;ak hn- regulate. restrict or prohibit. in such manner and to sucb extent as be may
porlalion 0
liVIMIcw:k. think fit. tile bringing or taking. by sea or land. into the Union of Burma or
any specified place therein. of any live-stock which may be liable to be affected
by infectious or contagious disorders. and of any fodder. dung. stable-litter.
dOlhing. barness or finings appertaining to live-stock or that may have
been in contact therewith.
(2) A nOlification under subsection (n shall operate as if it
had been issued under section 19 of the Sea Customs Act. and the
officers of cusloms at every port shall have tho same powers in
respect of any live-stock or thing. with regard to Ihe importalion of which
such a notification has been issued. and Ihe vessel containing the same.
as they have for the time being in respect of any article the importation
of which is regulated. restricted or prohibited by the law relating to sea
cuSloms and the vessel containing the same: and the enactments for the time
being in force I'elating to sea customs or any such article or ,'essel shall apply
accordingly.

Power lor 4. (1) The President of the Union may make rules for the detention.
Prcsidcnllo inspection. disinfection or destruction of imported live-stock. and of fodder.
mlh I'ulel. dung. stable-litter. clothing. harness or filtings I1pperlaining to imported live-
stock or that may have been in contact therewith. and for regulaling the
powers and duties of the officers whom he may appoint in Ihis behalf.
(2) In making any rule under this section the President of the Union
may direct that a breach thereof shall be punishable with fine which may
extend to one thousand rupees.

5. No suit. prosecution or other legal proceeding shall lie against

PtOlcdiOll
to pcrlIOflI any person for anything in good failh done or intended to be done under this
aeli"l Ililder Act.
A"
 333

mE ANIMAL rESTS ACT.

(BURMA Acr IX. 1939.) Ord May. 1939.)

I. In this Ac;:t. unleS! there is anything repugnant in the subjec;:t or De.6nitiOl'a.

oontext._
fa) .. animal" indudes all members of the animal kingdom;
(b) .. import" means to bring into tbe Union or Burma by sea. land or
air. and
(d .. disease" means any disease whkh may be c;:ommunic;:ated to
man or animals.

1 (I) The President of the Union ruay. by notific;:ation. prohibit or Powen 01

regulate. subject to sU<:h restric;:tions and conditions as he may impose. the the Pre,ideAt
to regulate:
import into the Union of Burma or any part thereof of any animal or class or prohibit
or species of animal whic;:h may become a pest or which may be tbe me~ns ot the import
anlnWl
of intrOducing disease.
(z) A notification under this section may specify any animal or class or
species of animal. either generally or in any particular manner. with reference
to the country of origin or the route by or the conditions under whkh it is
imporled otherwise.

3. A notification under section 2 Iball operate as if it bad been issued Opc:r-.ajoa of

uotilicatio;a
under section 19 of the Sea Customs Act. and the officers of customs at lIUdC2" K<:-
every port shall have the same powers in respect of any animal. with regard Im 2.
to tbe importation of which such a notification has been issued. as they have
for the time being in respecl of any goods. the importation of which is
prohibited or restricted by the law relating to sea customs. and the law for
the time being in force relating to sea customs or any such goods sball apply
ac;:cordingly.

4. (I) The President of lhe Union may make rules for the detention. Powe:rto
make rules
inspection. test. disinfec;:tion or destruction of any animal or class or species ;mdimposc:
of animal in rcslXct of which a notification has been issued under section peooltin.
2. or of any animal which may have been in c;:on!act with or in proximity
thereto. and for regulating the powers and duties of the officers who may be
appointed in this behalf.
(2) In making any rule under this section the President of the Union
may direct that a breach thereof shall be punishable with fine. which may be
extended 10 one thousand rupees.

5. No suit. prosecution or other legal proceeding shall lie against any Protec:tiO\lo
person for anything in good faith done or intended to be done under this Act. tOf'l'!r_1
Klint under
tbis Act.
334

THE CATTLETRESPASS ACT.

CONTENTS.

CHAPTER I.

PRELIMINARY.
Sections
1. Exclusion of areas front operation of Act.
2. * ~
3. Interpretation clause.

CHAPTER II,

POUNDS AND POUND-KEEPERS.

4. Establishment of pounds.
5. Control of pounds.
Rates of charge for feeding impounded cattle.
6. Appointment of pound-keepers.
Suspension or removal of poundkeepers.
Pound-keepers may hold other offices.
Pound-keepers to be public servants
Duties of Pound-keepers.
7. To keep registers and furnish returns.
8. To register seizures.
9. To take charge of and feed cattle.

CHAPTER III.
IMPOUNDING CATTLE.

10. Cattle damaging land.

Police to aid seizures.
11. Cattle damaging public roads. canals and embankments.
-" Fines for cattle impounded.
List of fines and charges for feeding.
 CartleTrtspass. 335

CHAPTER IV.
DELIVERY OR SALE OF CATTLE.

Sudans.
13. Procedure when owner claims the cattle and pays fines and charges.
14. Procedure if cattle be not claimed within a week.
15. Delivery to owner disputing legality of seizure. but making deposit.
16 Procedure when owner refuses or omits to pay the fines and expenses.
Deduction of fines and expenses.
Delivery of unsold cattle and balance of proceeds.
Receipt.
11. Disposal of fines. expenses and surplus proceeds ot sale.
18. Application of fines and unclaimed proceeds of sales.
19. Officers and pound-keepers not to purchase cattle at sales under Act.
Pound-keepers when not to release impounded cattle.

CHAPTER V.

COMPLAINTS OF ILLEGAL SEIZUkE OR DETENTION.

20. Power to make complaints.

21. Procedure on complaint.
22. Compensation for illegal seizure or detention.
Release of cattle.
23. Recovery of compensation.

CHAPTER VI.

PENALTIES.

24. Penalty for forcibly opposing the seizure of cattle or rescuing the
same.
25. Recovery of penalty for mischief committed by causing cattle to
trespass.
26. Penalty for damage caused to land or crops or public roads by pigs.
27. Penalty on pound-keeper failing to perform duties.
28. Application of fines recovered under section 25. 26. or 27.

CHAPTER VII.

SUITS FOR COMPENSATION.

29. Saving of rigbt 10 sue for compensation.

30. Set-off.
 336 CQ"l~Tr~spass.

CHAPTER VIII.

SUPPLEMENTAL.

Sections.

31. Power for President to transfer certain functions to local authority

and direct credit o( su.rplus receipts to local fund.

THE CATrLE-TRESPASS ACT.

[INDIA ACT I. 1871.] (13th January. 1871.)

CHAPTER I.

PRELIMINAlty.

Ettlu'IioD of 1. The President of the Union may. by notification. exclude any area
areal from from the operation of this Act.
oper;loll.n ",
Ad.
1.
InterprcUl-
3. In this Act._
tllXl cllllW. .. cattle" includes also elephants. camels. buffaloes. horses. mares.
geldings. ponies. colts. fillies. mulel. nICs. pigs. rams. ewes.
sheep. Iambs. goats and kids; and
.. local fund" means any fund under the control or management of a
local authority.

CHAPTER II,

POUNDS AND POUNDKEEPERS.

Ell:\blish. 4. Pounds shan be established at such places as the District MagislTate.

meDt 01 subject to the general control of the President of the Union. from time to
poundl.
time directs
The \'iI1age by which every pound is to be used shall be determined
by the District Magistrate.

Cor.trot of S. The pounds shall be under the control of the District Magistrate; and
pounds. he sball fix. and may (rom timc to tilUc alter. the rates of charge for feeding
R::lIe- 01
Ct\:lr.t'c for and watering impounded catde.
Iccdu'l im.
pounded.
cattlc.
 Co"/~-Tuspau. 337

6. The District Magistrate shalllllso appoint for each pound a pound- Appointmal
keeper. oll'Ound_
'""'~
Every pound-keeper appointed by the District Magistrate may be swpendcd Surpc:nao.
or removed by such Magistrate. 01' rtmo"aI
ofpouud-
'"~
Any pound-keeper may bold simultaneously any other office under
Government.

E\'ery pound-keeper shall be deemed a public terv811t within the meaning

of tbe Penal Code.

Dutj~s of Pound-keep~,s.

7. Every pound-keeper shall keep such registers and furnish such returns To keep reo
ptn. and
as the President of the Union frow time to time direcl$. fu"niah reo
t"rnt.

. When cattle are brought to a pound. the pound-keeper shall enter in To ngi:ter
his register.- KUure..
(0) the number and description of the animals.
(b) the day and hour on and at which they were so brougbt.
(d the name anti residence of the seizer. and
(d) lhe name and residence of the owner. if known.
and. shall give lhe seizer or his agent a copy of the entry.

9. The poundkeeper shall take charge of. feed and water the Clute To l~kc
until they are dispo~d of as hereinafter directed. ehart" 01 and
fttd c:\ltlc.

CHAPTER III.

IMPOUNDING CAtTLB.

10, The cultivator or occupier of any land. or any person who has Cattle:
d3maginr
advanced cash for the cultivation of the crop or produce on any land. or the lind,
vendee or mortgagee of such crop or produce or any part hereof. may seize or
cause to be seized any cattle trespassing on such land. and doing damage
thereto or 'to any crop or produce tbereon, and send them or cause them to be
sent within twentyfour hours to the pound established for the village in which
the land is situate.
Poll to aid
All officers of police shall. when required. aid in preventing (0) rt.istance ...u.urt
at such seizures. and (b) rescue3 from persons making such seizure.

22
 338 CQU/~Tr~lpass.

C3ttk 111. Persons in c:h:lrge of public rOllls". pleasure-groundS. plantations,

d."",~&i",
public: ro;Jds. canals. dninagc-.....orks. embankments and the like. and officers of police, may
cOln~11 and seize or cause 10 be seited any cattle doing damase 10 such roads. grounds.
embilnk_
menb. plantations. canals. drainage-works. embankments and the like. or Ihe sides or
slopes of such roaos. canals. drainage-works or embankment!, orfound slraying
thereon. and sh:.LlI send them or cause them to be scnt within twenlyfour hours
to Ihe nearest pound.
Finel for 11. For every head of cattle impounded as aforesaid. the pound-keeper
ottle 1_ shall levy a fine in accordance .....ilh the scale for the lime being prescribed by
,......nded.
the President of the Union in this behalf by notification in the Gatctte.
Different scales may be prescribed for different local areas
All fines so levied shall be sent to the District Magistrate through such
Lilt 'of lines officer as the President of the Union may direct.
~nd ctmrilel A list of the lines and of the rates of chuge for feeding and watering
for (eelllnc:.
cllule shall be posted in a conspicuous place on or near to every pound.

CHAPTER IV_

DELIVERY OR SALE OF CATTLE.

Procedure 13. If the owner of the impounded cattle or his agent appear and claim
when owner the cattle. the pound-keeper shall ueliver them to hiOl on payment of the fines
c1a1,nl the
c~ttle and
and charges incurred in respect of such caule.
~J$ Iintl The owner or his agent. on taking back the cattlc. shall sign a receipt for
aDd chartes:. them in the re&ister kepI by the pound-keeper.

Pnxedure If 14. If the cattle be not chimed within seven days from the date. of
cattle be not their being impounded. thc pound-kecpcr shall report the fact to the officer in
claimed charge of the nearest police-station. or to such other officer as the Districi
willlina
week. Magistrate appoints in this behalf.
Such officcr shalllhereupon stick up in a con'picuous part of his office a
notice st<Uing-
(o) the number and description of tbe cattle.
(b) the place where they were seized_
(c) the place where they are impounded.
and shall cause proclamation of the same to be made by beat of drum in the
village and at the market-place nearest to the place of seizure.
If the caule be not claimed within seven days from the date of the notice.
they shall be sold by public auction by the said officer. or an officer of his
establishment deputed for that purpose:. at such place and time and subject to

AI to the apptio.... tioo 01 IKlioca II to foresU, Ie" th~ .-oret' Ad. Iec.:ion 49, in Vol. III
of tt.iI Cod~.
.. P.. blic ,o.1d" in Ie. tlOOI II indl>ll~11 uilway. alld any ulw:lyser~ant may ~J[crcllC th~
/'OWcrl,-unkrrcd on lolire--offic,rI h)-Ihll '~dioo; 5tt the &11>"1)1 Act. aeclion 125 (~), in
Vol. VII of tlU, Colk.
 CQII/~.Tre$pou". 339
such conditions as the District Maaistrate by general or special order fro:n
time to time directs:
Provided that. if any such cattle are. in the opinion of the District
Magistrate. not likely to fetch a fair price if sold as aforesaid. they rna)' be
disposed of in such manner as he thinks fit,

15,. ]f the owner or his agent appear and reruse to pay the said fines Deliver)' to
owner
and expenses. on the ground that the seizure was illegal and that the owner i. dbpll11ng
about to make a complaint under section 20. then. upon deposit of the fines Ie,allt, or
and charges incurred in respect of the cattle. the caule shall be delivered to s~aUTeJ but
him. "'....,
'QUing

tti,. If the owner or his agent appear and refuse or omit to payor (in .......=
...btTo 0WDeI"
tbe case mentioned in section 15) to deposit the said lines and expenses. the ufu.i c."
cattle. or as many of them as may be necessary. shall be sold bypublic auction omib 10 pay
by such officer at such place and time. and subject to such conditions. as are the lints and
c:.pea~
referred to in section 14.
The fines leviable and the expenKs of feeding and watering together
with the expenses of sale. if any. shall be deducted from the proceeds of
the sale",
The remaining callie and the balance of purchase-money. if any. shall Dclivery of
be delivered to the owner or his tlgent. together with an account showing- untold callie
and batan<:~
(uJ the number of cattle seized. or prOCt:~dl.

(b) the time during which they have been impounded.

(d the amount of fines and charges incurred.
(d) the number of caule sold.
(e) the proceeds of the sale. and
(f) the manner in which those proceeds have been disposed of.
The owner or his agent shall give a receipt for the cattle delivered to .....pI.
hinl and for the balance of the purchase-money (if any) paid to him accordina
to such account.

17, The officer by whom the sale was made shall send to the District DiI('OlU.l ol
Magistrate the fines so deducted. fine Cll:-
pen," lUId
The charges for feeding and watering deducted under seclion 16 shall be IUrpiut
paid over to the poundkeeper. who shall also retain and appropriate all sums prOCClCdl of
lat~.
received by him on account of such charges under section 13.
The surplus unclaimed proceeds of the sale of cattle shall be sent to Ihe
District Magistrate. who shall hold them in deposit for three months. and. if
no claim thereto be preferred. and established within that fleriod. shall. at its
expiry. dispose of them as hereinafter provided.

11. Out of lhe sums received on a~ounl of fines and the unclaimed A licau.:.
proceeds of lhe sale of cattle shall be pitid- :u>d
uDC:lumt'd
olT.a
(a) the salaries allowed to pound-keepers under (he orders of Ihe prncreds 01
President of the Union. .....
 340 CotlltTrtsposs.

the expenses incurred for the construction :lnd maintenance of

(b)
pounds. or for any other purpose connected with the execution o(
this Act;
and the surplu! 1 (if any) shall be applied under orden of the President of the
Union to the construction and repair of roads and bridges and to other
purposes of public utility.

Ollwxn lind 19. No officer of police 'Or other officer or pound'keeper appointed under
pound.ht'- the provisions herein contained shall. dir~lJy or indirectly. purchase any cattle
pen nool. to
plItclJllse at a sale under this Act.
calll~ :It
p!u..,oder

'"
p~~ No pound-keeper shall release or dclh'er any impounded cattle othe.wise
k~ptn ...hcn than in accortjance with the former part of this Chapter. unless sucb release or
not to rek:lre
Imp.uQdC'd delivery is ordered by a Magistrate or civil Court.
C:ltUt.

CHAPTER y.

COMPlAINTS OF ILLEGAL SEIZUIl.E 011. DETENTION.

2.0.. Any person whose caule have been seited under this Act. or. baving
been so seizcd. ha"e been det..ined in contravention o. this Act. may. at any
time within ten days from the date of the seizure. make a complaint I to the
District Magistrate or any Magistrate authorized to receive and try charges
without reference by the District Mligistralc.
Proa'durt on 21. The complaint shall be made by the complainant in person. or by an
CO" pbint. agent personally acquainled with the circumstances. It may be either in
writing or verbal. If it be verbal. the substance of it shall be taken down in
writing by the Magistrate:
If the Magistrute. on examining the complainant or his agent. sees reason
to believe the complaint to be well founded. he shall summon the person
complained against. and make an enquiry into the case.

COlI Ilt'llr. 22, If the seizure OT detention be adjudged illegal, the Magistrate shall
lion for Award to the complainant. (or the loss caused by the seizure or detention.
illl )o(lll, llllfe
or dd~lltl", . reasonable compensation. not exceeding one hundred Tupees. to be paid by the
person who mace the seizure or detained the cuttle. together with all fines pltid
and expenses incurred by the complainant in procuring the release of the
cattle. and. if the cattle have not been released. the Magistrate shall. besides
awatding tuch compensation. order their release and direct that the fines and
expenses leviable undet this Act shall be paid by the person who made the
seizure or detained tbe caulC'.
I Sc~:1110 Ill!. lion 31 .
Off~r.eu ullder "ttlion 20 ~rc Irlabl~ lIU,mulily. '" K<:llon 260 ttl (J) 01 lb. Cod~ of
Crill ill",1 Pn:tedun- in Vot. VIII ~i this Cork.
 Catt/~Tr~sptJS3.

23. The conlpensation. fines and expenses mentioned in section 22 may Ueccm:ry of
be reco"'ered as if they were fines imposed by the Magistrate. ,....
Cot'~.~

CHAPTER VI.
PEN....LTlES.

24. Whoever forcibly opposes the seizure of cattle liable to be seized P~nalty 101
f()fcibly op
under this Act. and whoever rescues the same after seizure, either from a pening tbe
pound. or from any person taking or about to take them to a pound. such Kiwrc of
ultlc ...
person being ncar at hllnd and acting under the powers conferred by this Act. racoine:
shall. on conviction before a Magistrate. be punished with impri50nnlent (or a the sa!DCo
period not exceeding su
months. or with line not exceeding five hundred rupees.
or with both.

I 25. Any fine im[lOJCd under the next followin, section or (or the offence Reco\"Cl7 of
. h" . penalty foe
oC 11115<: Ie' by causing cattle to trespass on any land may be recovered by salc m.ll,;hid
of all or any of the cattle by which the trespass was committed. whether they ("ommit~d
were seized in the act of trespassing or not. and whether tbey arc the property ~I~i:,nf
of the person convicted of the offence or were only in his charge when the trapus.
trespass was committed.

%6. Any owner or keeper of pigs who, through neglect or otherwise. Penally tOC'
damages or causes or pernlits to be damaged any land. or any crop or d:l.lll~'c
t:lUM:d 10
produce of land. or any public road.' by allowing such pi~ to trespass thereon. l;r.nd or cropt
shall. on conviclion beCore a Magistrate. be punished with fine not exceeding or puhlie
ten ru()CCS.
The President of the Union. by notification in the Gazette may frolD
r03.ds by
....
time to time. with respect to any local area specified in the notification.
direct that the foregoing portion of this section shall be read as if it had
rekrence to cattle generally. or to caltle oC a kind described in the notification.
instead oC to pigs only. or as if the words" fifty rupees .. were substituted for
the words" ten rupees... or as if there were both such reference and such
substitution.

%7. Any pound-keeper releasing or purchasing or delivering cattle Penalty on

contrary to the provisions of section \g. or omitting to provide any impounded keeper
pound-
cattle with sufficient Cood and water. or failing to perform any of the other faliinK to
duties imposed upon him by this Act. shall. over and .above any other S"lifuron
penalty to which he may be liable. be punished. on conviction before a \1 a.
Magistrate. wilh fine not exceeding fifty rupoct.
Such fines may be recovered by deductions from the poundkeeper, Alary.
--~-----:-----
I AI to th .. appliatian of tlnlian ti ,,, tbe use at cattlc Irespaninl on a raiMy. , . the
Railways Act, In.lian 125. in \'01. VII allhi. Cade. _
... P"blio: road ~ i1'l Ilion 26 inct"'" a rail"'.y. sa the RalJ""aJS A.d. lediocl12S C41.
 342
"l!phe,,\ion 18. All fines rct:o\'ered under section 25. section 26 or section 27 may
"lffines be appropriatcu in whole or in part as compensation for loss or damage proved
ncoHrcd
"ndH to the satisfaction of the convicting Magistrate.
,eclion 25,
26. or 27.
CHAPTER VII.

SUITS FOR COMPENSATION.

SOl"ing of 19. Nothing herein contained prohibits any person whose crops or other
right 10 ,,,., produce of land bale been damaged by trespass of cattle from suing for com-
Jor comf'Cn-
ulion. pensation in any competent Court.

30. Any compensation paid to such person under this Act by order of
the convicting Magistrate shall be seto~ and deducted from any sum claimed
by or awarded to him as compensation in such suit.

CHAPTER VIII.

SUPPLEMENTAL.

}>ower for 31. The President of the Union may. from time to time. by notification in
Presidenl to the Gazette.-
Iramfer cer-
tain f"nc- (0) transfer to any local autholity within any part of the Union of
tioM to local
:ll,ltllority Burma in which this P.ct is in oteration all or any of the functions
and direct of the President of the Union or the District Magistrate under
credit of this Act. within Ihe local llrea subject to the jurisdiction of
,urpl",
receipts to the local authority. or
local fund. (b) direct that the whole Or any part of the surplus accruing in any district
under section 18 of this Act shall be placed to the credit of. such
local fund or funds as may be formed for any local aroa or local
areas comprised in that district.

THE CAlfLE SLAUGHTER PROHIBITION ACT.

[BURMA Acr Ln. 1947.] (15th September. 1947.)

11 is hereby epacted as follows :_

1. This Act shall have force. as from the fifteenth day of September.
1947 until the President of the Union shall. by notification. declare it to be
no longer in force.

1. In this Act,-
(J) "cattle" means bullock. bull. cow. calf. buffalo (male or female)
or buffalo calf; and
 emIle Siaughler Prohibition!
12) .. competent authority" means Ihe Deputy Commissioner or such
olher person as the Pruident of the Union way appoint in
Ihis behalf.
13. II) Notwithstanding anything contained in the Municipal Act. the
City of H.angoon Municipal Act. the Canlonments Act. the Rural Self-
Government Act. or Ihe Esscntial Supplics and Seryices Act. 1947. in relation
to the slaughler of canle. whoever slaughters caule without the permission of
a competent authority or whoeyer is found in possession of any flesh [or hide]'
of the cattlc which has been slaughtercd without such permission shall be
punished with imprisonment of either description for a term which may extend
to one year. or with whipping. or with both imprisonment and whipping, and
shall also be liable 10 fine.
(2) In a prosecution under this section (except for illegal possession
of any hide of cattle]1I unless and until the accused proves that the cattle was
slaughtered with the per'rlission of a competent' authority or that the flesh
found in his possession is the flcsh of the cattle slaughtered with such
permission or that the caltle had died of other causes, it shall be presumed
that the cattle had been slaughtered in contravention of the provisions of
sub-section (I).
I Explunatiun.-For the purpose of thi, section" hide" means the skiD
of a cattle after it is stripped off. and before it undergoes a process of tonning.
4. The discretion to give permission under section 3 shan be exercised
in accordance with instructions to be issued by the President of the Union
S. A competent authority may. within the area of his jurisdiction.
cause entry and inspection 10 be made of any place. where an offence under
this Act is reported 10 be. or likely to be committed.

E.-REHABILITATION.
en nB~C\)t"iIGoo,,8G'I"
BUILDINGS (REGULATION OF CONSTRUCTION AND REPAIR) Act.
[BURMA ACT II. 1946.] (9th January. 1946.)
WHEIl.EAS it is expedient 10 make provision for regulating the erection.
re-erection and repair of buildings;
'" '"
It is hereby enacted as follows:-
'" .
1. (I) This Act may be called the Buildings (Regulation of COIl.truction Shmt tille,
I:OllllnCnl.'C-
and Repaid Act. 1946 mtotaad
12) It shall be deemed to have come into force on tile 9tb January applicatioa.
1946. and shall apply only 10 such towns. villages or otber local areas al the
President of the Union may from time to time. by notification. prescribe.
, Subslih,t<'1l Ill' Act XLVI, 1950.
"11l$ef\l:d by Act x..XI, 1951.
 Buildings (R~gJ,jlotion of Construction ond R~poir).

&M,rr nf
T_
pt:anl\inc

So Ilnildlnc
ma)' be
trrcltd
witho~t
permluion.

Princir'a to
be follo_l
h1C..... ting
prrm;l&ion.

rower In
n;.a1l:c ruin.
 l1uildings (Regulation of Comtruction and Repair). 345

(b) rendering compulsory a notice to the competent authority of

intention to erect. re-erect or repair any building:
(c) the information and plans. specifications and partiC,lIlars to be
submitted with applications for the approval of sites and (or
permission to erect or re-erect any building;
(d) the height of the buildings. whether absolute or relative to the
width of streets ;
(el the level and width of the foundation. the level of the lowest'
floor or plinth and the stability of the structure;
(0 the height above the ground and the number of storeys of which
any building may consis~;
(gl the free passage or way in front of buildings:
(h) the ventilation and drainage of buildings;
(i) the materials to be used and method of construction:
(i) specifying the parts or portions of building sites on which no
building shall be erected;
(k) the number. position. materials and methods of construction of
fire places. smoke-escapes. chimneys. staircases. water-closets.
closet accommodation. latrines. urinals. privies. sewers.
sewerage-connections. ventilating pipes, cess-pools. traps.
sinks, sullage trays, water connections. wells and drains in
buildings; and
(l) the conditions which may be imposed generally by the competent
authority in granting permission for the erection. re-erection
or repair of any building.
'1, (IJ Where any building is begun. erected. reoCrected or repaired in O.molition,
contravention of any of the provisions of this Act or of any rules made there- remo\al,
etc., 01
under or of any of the terms and conditions of a permit issued under section building
~rcetlln
4. the competent authority may- cOlltra\'cn- .
tion of thi,
(a) order the building to be demolished by or at the expense of tbe Act.
person who so began. erected, re-erected or repaired it, or
(b) order such person to alter or remove the building in such manner
as to the compelent authority may seem fit to give ellect to
any scheme subsequently framed for the area.
(2) Nothing in this section shall entitle the person required to demolish,
alter or remove any building to compensation for such demolition, alteration
or removal.
S. If any building. wall. structure or anything fixed thereto is in a R~mo~al of
ruinous state or in any way dangerous the competent authority may. by notice buil.dings in
rulnoulor
in writing. require Ihc owner or occupier thereof rorthwith either to remove the d:'ncroll'
same or to cause such repairs to be made therein as it considers necessary for .tlt~. ,
the public safety; and if it appears to it to be necessary in order to prevent
imminent danger. it shall forthwith tak.e such steps as may be necessary to
avert such danger.
 346 BuifdinRS (Regulation of Construaion and Repair).

p~~lty for 9. (J) Whoe\"er contravenes any of the provisions contained in tbis Act
conlr:n'tn-
tion or Act. or in :lny rules made thereunder or any of the conditions of a permit issued
to him under section 4. or refuses or neglects to demolish. alter or remo\-e any
building .....hen required to do so. shall be liable. on conviction. to a fine which
may ell.tend to five hundred rupees. and. in the case of a continuing contraven-
tion or of II continuing refusal or neglect 10 demolish. aller or remove any
building. to a further fine of ten rupees for each day on which such contravention"
or refusal or neglect continues.
I (2) The fines realizcd from persons convicted of any olIence under
this Act or the rules framed thereunder shall be payable to the local authority
concerned.
Pt"rmlS5ion 10" Any permission granted under this Act for the erection. re-erection
not t"' ide lice
rtf title In ('frepllir of any building does not conslitute any admission by the competent
buildillg nr authority that the person to whom the permit is granted has any title 10 or
l:md. any rights to the possession o[ the land wheleon the building is constructed or
the building. as the case may be: nor shall such permission be evidence o[
any such title or right.

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 INDEX TO VOLUME IV.
cra~ 9 ~~~:II

Adulleration Act, Gh~e

PAn'
VI-A
VI-C
,.
PAGE

254
Agrlcultnral Product: Markels Ad
Al1.rk.-unuri~ls Uulll Act VI-C 253
Ancient ltonuments Preserv.ation Ad VI-8 205
Anitnal. Act, Prevention of Cruelty to VI_O 'OS
Animals Pub Ad ... ,., ... VIO m
Birllu, Dutlls and r.tarrl:lge. ReR,i.lration Act VI-A <2
Birth~. Dralhs :lnd Marriages Rfgistration Acl 19U VI-A

Buihhllgs (Re.ll:ulaIiOIl of Construction and Hepair) Act
Burma Ctnlul Act
Bu:ma Llaylif(lit Savini Act ...
.
VII;
VI-A
VIA
'"ISS52
HUlInil Ml'dlcal Ad . VIA I
tJUrLlIa Medical Degrt'c Act ... VI-A 9
C:lnal Ad ... .. "I-e 261
C"tllc Sla\l~htt'r Prohibilioll Ad
C:ltlk..TrUI':lSI Act
VID
VI-D
"2
334
Cc:usu, Ad. Burma VI-A 52
Cill~'m::lloKral'h Ad VI-H 216
D:m~erol.~ Drugs Act VI-A OS
D.\ylight Saving Ael, Hurn'a .. , VIA 155
De.1thl 7.ml lolarria~e, I~tgistration Act, Hirths VIA '2
Death, :md Marrh~l:$ I<e~islratioll Acl, 1943, Births
De~rtt:' Ad. Hurm:\ Med,cal
VI-A
VI-A
VIA

111
9
De\t!nplIIl:llt Tru~t Ad, Rangoon
Diseases Act, f.rldclllic VI-A 77
Do:lrine Act \"1-0 329
Dramatic Pl:rfurmanctS Act .. VIB 21.
Drul.:s Ad, Dangerous
Drugs Acl, .'ood illld .
VIA
VIA
8'81
Drugs (Affil:1ldlrent) Act, "'DOd and VI-A 84
Edul-oltinll Acl Prim:lry VIU 182
EducatiOll (Temporary Amendment) Act, Primary VI-S 187
Emhallkmt"nl Act
VI-C 290
F.pidemk OiSillet Ad
VI-A 377
r'arey ACl, Gl,mdtrs and
VI-O 2.
Food and Urugs Ad
VIA 81
Food ;'\nd UrulI:' (Amendment) Act
Ghec Adulternllon Ad ... VIA
"IA
VI-D
84
178
226
Glanders al'd F:m: Act
Hyilcinth Acl, W"ler
Importation Act, Lhe-stock
VI-C
VID
3"
232
VI-C 294
Inleds and Pull Ad VI-C 49
L:md IlfIproveu:ent Loans Act VIA 369
LeprOI)' Act VI-D 232
Lhc.ltock lm(lOrtalion Act . VI..c 2S3
L");1ns Act. Al!rkultur;sb ... VI-C 49
L::tans Act. l.and Improvement VI-A I'
25.
Lunaq Act ..' ...
MarkelS Act, Agricultural Produce
Matche. Act, White Phosphorus
.. VI-e
VI-A
VI-A
110
1
)fedir:cal Act, Uurrna
Medical Degrees Ad, Burma ..
VI-A
,.
..
VI-A
Midwivel and Nurses Act ... VI-B 205
Monumenl. Prcstrvltion Act, Antic.t VIA 10
NUTlcs Act, Jdkhvives and VIA
Opium Act - .' VI-B 2..
Perlol maned Act, DraUl~lc ._.
ii Indtx To Volume IV.

Pesh Ad, Anima.l VIo H3

Pl:sl~ Arl. Inl~l8 and vle 294
Phosph....rWl Nah;hes Art, White VIA llO
PI>i~un5 Act . . \,IA lOS
Prevention of Cruellv 10 Animals Act VI-l> 305
Primary &IUL'SIiOil Act .. VI-H 1112
Prim Ir~' Edu(a'ion (Teml'or;lry Amcndmcnt) Act VI-R JK1
Prohibillon I\cl, Cattle Sl;lu~hter '" VI-D 342
Protl'ction Acl, Wiltl Life - ... VI-D 315
nanj.!oon De,"e)Ofllnt!IIt Trusl Act VIA III
R:U1J::<'Ion Zook>giC:lI Gl\rdt'tll Act ... VI1' 202
ReKi,tutkm ACI, nirths, Oeaths and :.taniagu VIA 42
HC'gis:ralion Ad, 1943, Ulrths, heath. and r.larriagl..'" VIA 49
Trespass Act, C:tlll..: . \~ID 334
University \If nangoon Act . VIB 189
\'acdn:'ltir)Jl Act ... . VI- \ ~6
Water Hyaclnlh Acl VIl.: 296
White Phospborui Matchl'S Ad YIA 110
Wild Life Protection Act VI-O 31~
ZO'.logical Gard..n:f Act, RangOOl! VI-8 202
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 CORRIGENDA
Page 12. -Section 8. sub-section (2), proviso (a), for .. medicial" read
.. medical".
Page 31 .-Section 69. sub-section (2). first IiDe. lor .. manang.r" read
.. manager".
Page 48.-Scction 25. sub-section UJ. second line. for" resonable" ,~
,. reasonable".
Page 65.-Section 6. lor the comma at cod of first paragraph dbltitUle
a semi-coJon.
Page 70.-SeCtiOD 'I, marginal caption, for .. Medic:al Officer" read
.. Medical Officers".
Page 70.Jection 6. marginal caption. for" paupers" read" pauper ",
Page 83.-Section 8. clause (I). second line. ;nu" a comma a/tO' .. thero-
under ".
Page H8.-SectioD 2. clause (j). sub~laUIC <0, last Hne. for .. otherwise
mixed" "../ld .. otherwise or mixed".
Pant! 122._ScctiOD 18. marginal caption. tor" meeting" rbUlMmoetiDp-.
Page 139.-.Seclion 74. second line. insert a comma after" Union".
Page 144._SectioQ 94, sub-section (I). tbird Hne. insert a comma 11ft
.. person ".
Page 150.--Section 108. marginal caption. for f ninutes" read" miDutes".
Page 185__Section 15, marginal captioD, for .. empioymcnt" relld
.. employment",
Page 208.-,~tion 7. sub-section (3). fiut line. for .. On order" read
.. an order 'f,
Page 250.-Section 4, sub-section (2). first and second linel. for .. valuo of
llDd " read .. value of land".
PaRt: 288.----Section 75. clause (6), tint line. for" remian" read" remain".
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