THE BURMA CODE

VOLUME X
 THE BURMA CODE
VOLUME X

Published under the Authority of the Government of the

. Union of Burma.
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 TABLE OF CONTENTS.

::ra eb e0 G!J 'lI'J: ~ ::raII::ra Il e"

PART XV.-PROPERTY IN LAND.

",~E. ~~,-es",.,~E.l!Se,"
LAND TENURES.

PAGE
.,..r6JO
1. The Waste Lands Claims Act ... 1
2. The Boundaries Act 6
3. The Lower Burma Town and Village Lands Act 14
4. The Government Management of Private Estates Act 27
5. The Land Alienation Act 29
6. The Burma Land Purchase Act 36
7. The Tenancy Act. 1946 43
8. :le~O Bt2;O' ::8:Il'.l:OOt~1 oooSeow (i~
9. :le~? T'O' ::8:Il'.l:~ oooSeow ..... (;(;
10. :le~? T'O' rodi~&:~f1~~'1' oooSe0G9 (;0

PART XVI.-REGISTRATION OF DEEDS.

",~E. o&'-."'lIIS.""'S, ydi~",Ee'l"

L The Registration Act ... 107
2. The Registration (Temporary Provisions) Act. 1947 136

PART XVII.-TRANSFER OF PROPERTY.

",~S. ~?,-o.e.~eEl.,Ele,"
1. The Transfer of Property Act ... 13g
2. The Monthly Leases (Termination) Act. 1946 189
3. The Urban Rent Control Act. 1948 190
PART XVIIl.-5TATE GRANTS ,AND LAND ACQUISITION.
",~E. ~nl-"'~" .S"''''ll",.,.e'''t~ eS",.,:BS'<ie'l"
I. The State Grants Act 212
2. The Land Acquisition Act 213
3. Tile Land Acquisition (Mines) Act 231
 Table of Contenl$.
!l>i6e<-r'h&oe~1

PART XIX.-MOVEABLE PROPERTY.

o:.~S. oe'-~Jl~@~S'~So)~ use"IlS'?"

I. The Sale ~f Goods Act 236
2. The Treasure Trovf. Act 254
3. The Custodian of Moveable Property Act 258

PART XX.-INCORPOREAL RIGHTS (MOVEABLE).

",~S. J ol-081I,,,,,,el9$~O)~ "'g~"'~'\"1j?'

~Jl~EH,~SO);u8e') ~S'P'
1. The Interest Act 264
2. The
Usurious Loans Act 265
3. The
Negotiable Instruments Aet 2'7
4. The
Liabilities (War-Time Adjustment) Aot. 1945 297
5. The
Money Lentlers Act 303
6. The
Accrual of Interest (War-Time Adjustment) Act.
1947 313
7. The Agricu)tural Debts Moratorium Act, 1947 313
8. The Burma Agriculklrists' Debt Relief Act 315
9. :D""'f'~'1~:,9 ~(mEvi>",,'f''f': ("1G::>JB~'P~9 ""~
~:"l5'f':) ""cf.ieu,,,, ?J?
PART XXI.-- INCORPOREAL RIGHTS (GOODWILL AND
TRADE MARKS. COPYRIGHT. PATENTS AND DESIGNS).

",~S. J 0'-0811 "''''e 19$ .O)~ "8~ "'~'\"1P'

(",cii."tS.llS~Sg~,~ "lhcS";.BS'lI~" .~t~SI lt~Sg~,~
"lH,,'1p') ollS'P'
1. The Burma Copyright Act 325
2. The Burma Patents and Designs Act. 1945 346
3. The Burma Patents and Designs (Emergency Provisions)
Act. 1946 383
 PART XV,-PROPERTY IN LAND.

LAND TENURES.

"~U)')~gOtii~5'P'
THE WASTE LANDS CLAIMS Aer.

(INDIA Ac:r XXIII. 1863.] (10th March. 1863.)

J(This Act does not extend to Upper Burma.]

1. When any claim shall be preferred to any waste land proposed to be Pro~bion of
sold. or otherwise dealt with. on account of Government. or when any objcc. ftl'Juiry ia
dalm. to
tion shall be taken to the sale or other disposition of such land. the Collector Iud, or
of the district in which such land is situ1tc shall. if the claim or objection be objection.
_aleof .amu
10
preferred within the period mentioned in t he advertisement to be iuued for
the sale or other disposition of sU<:h land. which period shall not be len tbao
three months. proceed to malee an enquiry iota the claim or objections.

%. The Concetor shall call upon the claimant or objector to produce

any evidence. or documents. upon which be may rely in proof of bis claim
or objcction : and after considerina tbe same. and matin& any further enquiry
that may appear proper, shall dispose of the case by an order for tbe admi..
sion or rejection of the claim or objection: and it the land is proposed to be
sold. for the sale of the same subject to any conditiOfl or reservation wbi<:b
to such Collector shall appear to be proper.
It the land is ordered to be sold subject to any condition or reservation~ N.....UOO
such condition or reservation shall be notified to inlendina pUrchasers at the of toadl_
lion
time of sale.

3. Pendina an enquiry into IIny claim or objection under the last pre- . ...._
_
ceding section. the Collector shall postpone the sale or otber disposition of _ t Of Iat,
the land: peadiq; en-
quiry, to
'f h I
an d I be s a1 order that such clain:. or objection be rejected. he sball ant toe1aill$o
alle. COlt-
further postpone the sale or other disposition of tbe land to allow tbe tcItnjtctiOll
claimant or objector to contest tbe order or' rejection ia the manner Ofdaim.
hereinafter provided.

1 Tbil not~ wu lnt~rtrd by lil~ 811:'" La\\, (Adaptation) Act, 19-fO lE_nna Act XXVII.
1940). in ord~r Ie> atat~ the b .. nistlnl at th~ thn~ of its enact_I.
 2 WlZIte Land, Claim,.

Sale to be ... If the Colleceor shall consider ehe claim or objktion (l,) be established.
.topped G and that the sale or other disposition of the land should not take place. he
thum appear
to be esta'b: shall stop the sale or other disposition of the land;
Iished, but but such sale or other disposition of the land may afterwards be pro-
m.)' after-
wards be pro- ceeded with if. on an order issued to Ity the claim or objection. as provided
e.eeckd with.
in section 6 of this Act. the claimant or objector shall rail to establish the
same.

5. If the: Collettor shall order that the claim or objection be rejected. or

th3t the land be sOld subject to any condition or reservatiOn. or that it be
otherwise: dealt with. he shaN cause a copy of .uch order to be delivered to
the claimant or objector;
and if such claimant or objector sban not. within one "'eek from the
delivery of such copy. or within such further time as the Collector. for any
special reason tu be recorded. shaJl see fit to grant. give notice in writing to
such Collector that be intends to contest .'loch order. the order shall be final.
Report to If the claimant or objector shall. within tbe time allowed. give such
.uperior notice:, the Collector shall immediately make a report to the superior re~enue
autbortt)'.
uuthority to which he is immediately subordinate and shan forward with such
report a copy of his Order. sluting fully all the circumstances of the case. and
Ihe evidence adduced in support. or otherwise. of the claim or objection;
Decllion of and such authority. on the receipt of such report, and after calling for
...penCll" any further information which it may I:onsider necessary, may confirm, mooify
Mlborit)'.
or reverse the order of the Collector.
If tbe authority as aforesaid confirm the order of the Collector or modify
such order in such manner ll.S to leave any part of such order in force adverse
to the claimant or objector. lhe Collector shall ccnify such order to the Court
constituted as hereinafter provided :
Noticeto and such Court shan forthwith give notice to the claimant or objector;
dal_l.

[)eI;iRon and if such claimant or objector shall nol institute a suit in such Court
.... fiDaL 'to establish hili claim or objection. the order of the authority aforesaid shall
be final.
6. The President of the Union may. within twelve months after the date
on which the claim of any claimant of waste land. or the objection or any
objector. a' aforesaid. shall have been admitted under this Act by the
Colleclor. direct a suit to be brought to try the claim or objection of the
claimant or objector in a Court cot.slituted II hereinafter provided.

7. For the invcstipliGD and trial of claims under tbis Acl. the President
of the Union shall constitute, in every district in which there may be any waste
Iuds capable of being sold. or otherwise dealt with, on accouru- of Go~rn
menl, a Court consilCing of an uneven nu",ber or persons. not less than three.
~f whom the District Judg~ shall be one.
 W lUte LAMI Claitnlt 3

Anyone or more of the members of which such Court shall consist shall Po,.. of
have power to mike all such orders in the case as may be nclUry prior tp .kmben.
the hearing of the suit.
S. Whenever any Court is constituted under tbis Act. DOtice thereot shall Notiu 01
be given by a written proclamation. copies of which shall be aftlxed in the ~~=ltn
several Courts, and in the offices of the several Coll:ctors aDd MaaistratCi of COGrl
the district;
and from the date of the issue of sucb proclamation no other Court shall Claim. not
COll:niubJelll
be competent to entertain any claim or objcctien belonging to the class of other Courl
claims or objections (or thc trial and determination of which such Court is
constituted.
,. The Courts constituted under tbis Act shall be held at such place or Sreei~1
places. within the limits of their respective jurisdictions. as shall be COnsidered .""',.... whue
. td.
most convement.
te. In every suit instituted under section 5 of this Act the claimant of r:illtihnd
the waste land. or objector to the sale or other disposition of such land. shall ~~~I.
appe:lr as plaintiff; and the Collcctor shall appear as defendant on the part. of steUoo S.
Govtrnment.
Either party may appear by pleader or by agent. AR*RDCC.
In any suit ordered to be instituted under $Cdon 6 of Ibis Act. tbe PW..til"and
Go~er.nment, by any ~fficer to be. appointed for t~e purpose. shall appear as ~::a~n
plaintiff; and the claimant or objector as aforesaid sball appear as defe"'Dt. Metioa 6.

11. In suits instituled under this Act. except as hereinafter providtld. the Reilllation of
proceedin,s sball be regulated. so far as they can be. by tbe Code of Civil proceedl"J"
Procedure.

n. The Court .hall fix a day for the appearance of the parties. and for Proudurc
the hearint of the suit. of which due notice shall be given to the partiCJi or :'O!t
their agents; and on the day so fixed. the parties or their ageplI sboll briq ;annJ.
their witnesses into Court. together with any documents on wbich they may
intend to rely in support of their respective statement.
If either party require the assistance of the Court to procure the PrlXVTinJ
attendance ola witness on such day. be shall apply to the Court in sufficient altendaJKcef
time before the day fixed for Ihe hearine of the suit; and the Court sball witneun.
issue a subpcr:na requiring sucb witness to attend the Court on that day

It shall be competent to the Courl to require the personal aUeodance P_ _ lo
of the claimant of the waste land. or objector. as aforesaid. Oil tbe day fixed ~r.
;atteDdaree
for Ihe hearin,. or at any subsequent stage of the suit. of c:b.im;aat.

13. On Jbe day fixed for the beatina of the suit. or as soon after as may Prootd:..-e CIa
'be pncticabte. the Court shall prexeed to examine the claimant of tbe "ute hArfnJ.
land. or the objector, or his agent (when hi. personal atl~daoce it DOt
required), and the witnesses of the parties;
 Wasle lAntlJ Claims.

and upon such examination. and after inspecting the documents of tbe
parties. and making any fun her enquiry that may appear neceasary. shall proceed
"to pass such order in the case as it may consider just and proper.
No aPpeal or 14. No appeal shall lie from any decision or order passed under this Act
rcvlliun.
nor shall any such decision or order be open to. revision.
RcfertnQe 01 IS. If. on the trial of any suit under this Act. any question of law or of
qucIUon of
'.w.de. to
hilh Court..
usage having the (orce of law. or the construction of a document affecting the
merits of the case: shall arise. On which the Court shall entertliin reaSOnable
doubts. the Court may. eithe, of iLs Own motion. or on the application of any
of the parties to the luit. draw up a statement of the case and submit it. with
its own opinion, for the opinion of the High Court:
When refer' Provided that it shall be the duty of every Court held under this Act to
rou oblita- make such reference to the High Court if. in any suit under this Act. any question
'''Y. shall arise: involving any principle of general importance or tbe rights of a
class.
Court m;l)' 16. The Court may proceed in the case notwithstanding a reference to
prO'l:ccd pul-
wlthstnndlng the High Court: and may pass an order contingent upOn the opinion of the
reference; High Court on the point referred;
but not make but no final order for the sale or other disposition of the land in question
final order. in the suit. or for the admissiOn or rejection of any claim or objection which
shall be before the Court in such suit. shall be passed until the receipt of the

-
order or the said High Court.

..
R.au"
where to be
deposlkcl.
17. The record of cases disposed of by Courts constituted under this
Act shall be deposited amongst the records of the principal civil Court of
original jurisdiction in the district in which the property in dispute is situate.
Umitalioo 1. No claim to any land. or to compensation or damages in respect of
1110dalms
tu land lold any land. sold or otherwise dealt with on account of Government as waste
ordealt with. land. shall be received after the expiration of three years from the date on
which sucb land shall have been delivered by the Government to the purchaser.
'or otherwise d~alt with.
PrOlllon If within three years after any lands have been delivered by the Govern
(or lueh
dalmlif ment to th= purchaser. or otherwise dealt with. any claimant or objector shall
pnfen-I prefer a chim to the land so delivered. or otherwise dealt with. or an objec.
within time.
tion to such 'llle, or to compensation or damages in respect thereof. in the
CoUrt constituted under this Act for the district in which the land is siluate;
and shall sbow good and sulficie'lt reason for Qot having preferred his claim
or objection to the Collcc:tor within the period limited under section t of this
Act; such Court shall file.the claim or objection. making tbe claimant 0"
objector plaintiff. and the Collector of the district the defendant in tbe suit;
and the foregoing provisions of this Act shall be applicable to tbe nial
and determination of the suit.
The report of the ol1icer employed to live delivery. or to take possession.
on the part oi Go\-ernment. of the land sold or otherwise dealt with, shall be
 WQ,fU Lands Clainu. 5

conclusive evidence as to the date OD which such delivery was made. or

possession was t3J'en.
1'. In any case in which the land has been sold. if the Court shall be df Ifdaim
opinion that the claim of tbe claimant is established. the Coun shall not
award the claimant possessio~ of ahe land in dispute; but shall order him to nut to be
.........
t;llabliflted.

liven, but
receive from the Government. by way of compensation. a sum equal to the compenfJl-
price at which the land was sold. in addition to the: costs ot suit. U~.

10. If the land shall have been sold. subject to any ctJndition or reserva When lamS
fold nolabo
tion. or shall not have been sold. but shall havr.been otherwise dealt with on toltl1ely.or
account of the Government. and the Court shan be of opinion that not totd but
oI:berwite
the claim to such land. or the objection of an objector. is established. the dealt with.
Court sball award the claimant or objector to receive such sum, in respect of
his interest in such land. as shall be awarded in that behalf under the Land
Acquisition Act.
and thereupon tbe President of the Union shall proceed under the said
Act to obtain an award of the value of such interest.
11. An award under any of the provisions of the two last preccdiog "wud aoder
sections shall be in full satisfaction of the claim of the claimant or objector; tW<'l lall tee-
Hont 10 be in
and shall bar any future claim on his part in respect to the land in suit resting full satilflG-
on the same cause of action. or on a cause of action which existed prior to tbe lion.
date of the sale or other disposition of the Iud On account of Government.

21. Nothing in this Act Ihall be held to prevent the President of the PTqident
Union from awarding to any claimant of waste land sold on aCCount of not barTed
from aWIlrd-
Government. on proof to the satisfaction of the l7esident of the Union of the inJf e<mpen_
claim of such claimant (notwithstandin& that he may not have preferred his tJlion
tbo,,(hcbim
claim to the Collector or to the proper Court constituted under this Act. benot pre-
within the period prescribed by this Act). such amount al compensation for ferred in
time.
tbe said land, within the limit :IS to amount mentioned in section 19 of this
Act if the land hnve been sold not subject to any condition or resenation, as
to tbe President of the Union may seem proper.

23. If the Innd have been sold subject to any condition or reservation, C')Rlpenta-
or have been otherwise disposed of, On account of Government. and any cl:.lim lion for land
sold IIIbJtet
to such land. or objection to the sale or other disposition of the land. shall 10 ~ondiIiOD:,
be proved to the satisfaction of the President of thC' Union. altbough not if claim
,...ovtd.
preferred to the Collector. or to the Court constituted under this Act. within thou/l;b not
the period prescribed by this Act. the Prelldenl of the Union may award to such rrefcned In
time.
claimant or objector such amount as to the Presidenl of Ihe Union may appear
to be the value of tbe interest of such claimant or objector in such land.
2.JA. The powers and dutiei of the President of the Union under Kctions6.
10. 22 and ~3 may be exercistd by the Financial Commissioner.
... ..
ESelcile of
~
Prnident b,
the FiiUlD-
e,alCom-
wiNJ~.
6

THE BOUNDARIES ACT.

CONTENTS.

CHAPTER I.
PRELIMINARY.

S~cl;Ons.

I.
IA. Definition of survcY-Q1arJc:.
*
2. Power to appoint Demarcation and Boundaryofficers ; functions of
such officers.
2A Orders passed to be based On occupation.

CHAPTER II.
DEMARCATION Of BoUNDARIES.

A .-Proceedings of Dtmarcal;on-o!ficers.
3. Power to direct demarcation of boundaries.
4. Power to entcr on land to effect demarcation.
5. Publication of general notice.
6. Power to issue special notice to procure attendance.
7. Clearing of boundary-lines.
8. Compensation for injury done by clearance.
9. Power to summon person to give information or produce document.
10. Demarcation-officer to mark. out boundaries. and submit report to
Boundary-officer.
When Demarcation-officer may alter demarcation.

B.-Proceedings of Boundary-oDicers.
11. General notice to persons affected.
Special notice to persons likely to object.
Statements of objections.
12. Order of Boundary-officer.
13. Objections subsequently made how dealt with.
14. Boundary-officer to make further inquiry.
15. Power to enforce attendance of witnesses. etc.
16. Power to refer dispute to arbitration.
17. Effect of orders of Boundaiy-officer.

C.-Appeals 'from Orders of Boundary.officer.

18. Orders appealable to Commissioner.
Effect of Commissioner's order.

19. '-
 Boundarits. 7

StcJiom.
20. Limitation of appeals.
21. Commissioner's power in appeals.
D.-BoundaTy-maTb.
22. When permanent boundarymarks are to be erected.
23. Apportionment of expense of erection of marks.
24. Notice to owners to pay share of expense.
25. Power to place marks under charge of ownerS and occupiers.
Duty to preserve boundary-marks.
Duty to give notice of any injury occurring to them.
26. Power to re-erect and repair boundarY-Rlar!.:s.
27.
CHAPTER Ill.
MISCELLANEOUS.
28. Survey.of6cer.
28A. Duties of village-officers and of Owners and occupiers of land.
29. Power to perform order under Act al expense of person disobeying it.
30. Penalty for failure to discharge duty imposed or for refusing or
neglecting to comply with order or nOlice under Act.
31. Recovery of amounts due under Act.
32. Power to make subsidiary rules.
Mode of publication.
--
THE BOUNDARIES ACT.
(INOlA ACT V. 1880.) (20th february. 1880.)

CHAPTER I.
PI.ELlMINAJl.Y,
I.
IA. In this Act.-
.. surveymark:" means any pillar. pipe. post or other mark erected or Definition
of "Itlney-
placed above or below the surface by or by order of any officer mark."
appointed by the President of the Union to make a survey of
any land on or within the boundaries of such land for tbe purpose
of indicating survey points or lines.
2. The President of the Union may rtom time to lime appoint persons. Po....er to
t.y name or by virtue of Iheir office. to be Demarcation-officers and Boundary IkmarcatJon
"""""I
officers and ma)' swpend or remove any person so appointed. ud BouncJ.
<Vy-ollin;
Every person $0 appointed shall. subject to the control of the PreSident fllncU0I11
of the Union yd of any superior offieer appointed by bim in this behalf,
exercise and perform. within such.local limits as the Pr':sident of the Union ........
of ......

may from lime tn time direct. tbe powers conferred. and the d~ties imposed.
by this Act or tlie rules made hereunder on such officers respectively.
 8 Bou"darj~$.

"'.~ ZA. The cnqumes made. the boundaries demarcated. and the orders
......
paued to be
~

OCCllPMion.
. ,passed by any Demarcation-officer or Boundary-officer apPointeti under Ihis
Act shall be based upon the aelual possession of land without reference to the
claim of any person to a right to poSSess such land:
Provided that. if in the course of an enquiry the Demarcation-officer is
unable to satisfy himself which party is in possession. he shall refer the case
for the orders of the Boundary-officcr before marking out the boundaries of
'the land. If. oR'the report of the Demarcation-officer or in tbe course of an
enquiry made by himself. the Boundary-officcr is unable to satisfy himself as
to which party is in pos~ssion. or if it is shown that possession has been
obtained by wrongful dispossession of the lawful octupants of the land within
a period of three months previous to the commencement of the enquiry. the
Boundary-officer-
(a) in the first else. shall ascertain by summary enquiry who is the
perSon best entitled to the land and shall put such person in
possession;
(b) in the second case. shall put tbe person so dispossessed In
possession; and shall then fix the boundary aCCordingly.

CHAPTER II.

DEMA.Il.C~!!~!, OFL BoUNOAll.IES.

..
(',_ ~.~- .-
A.-Prou~ding$ alA LJemarcation-olficu.
Power to 3. The President of the Union may. whenever he thinks fit, by a
dlud dc.mar- notification in the Gazette direct that the boundaries of any land shall be
Cilttoa of demarcated by a Demarcationofficer.
boundaTlu.
P t 4. On the publication of any such notification. a Demarcation-officer
e:t':'s-er()ll~and . appointed by t,he President of the Union in this behalf may enter upon the
~o efl'"IUOR land specified therein, and make all enquiries and do all other things necessary
Clnaf(a . for demarcating the boundaries of the said land.

Pllbllcatlon
5. The Demarcation-officer shall cause to be published a general notice
of leneral addressed to all persons owning. occupYing or otherwise interested in the said
-~ land and the land marching therewith, and to all persons employed on or
connected with the management c:r such land. calling upon them to attend
either personally or by agent beCore him. at such places and at such times a4
may be stated in such notice. for the purpose of pointing out the boundaries
and of rendering such aid as nlay be necessary in setting up or repairing the
boundary-marks. and of affording such other assistance and information as
may be needed (or the purposes of the deJDarcation.
The pe~ns to whom such notice is addressed shall not be legally bound
to atteod.
 Bo",NllU;es. 9

6. The Demarcation-officer may also cause a special notice t.. be seryed ~awer to
on any of the p~r50ns mentioned in section 5 requiring such person to 3nend. =~~~
personally or by agent. before him on or before a speci6ed date. at sue/) eure atteDd"
places and for such of the purposes aforesaid as may be stated in such notice: anee-
and eYery person upon whom such special nOtice may be served shall be
legally bound 10 attend as required by the nOlice. and so far as he may be
able. to do any of the things mentioned therein.

7. The Demarcation-officer may cause a special notice to be served on Clc,trlll' nf

bo.adary-
any owner or occupier of the hid land requiring such owner Or occupier to Jian.
clear any boundary or other line which it may be
ncssary to clear for the
pcrposes of the demarcation of such land. by cutting down and removing any
tnes. jungle. fences or standing crops. or to provide labour by furnishing nag-
holders. or otherwise to assist in the demarcation of such land; and. if it is
necessary to employ hired labour for these or other similar objects incidental
to the demarcation. the Demarcation-officer may aslCss and reco...er from such
owner or occupier the cost of such labour.

S. H any demand for compensation is made in respect of the clearance COlllp~n..-

of any line in accordance with the requisition under seetion 7. the Demarcation- tioo loe la.
j .. r)" done: by
officer shall determine and record the value of any trees. jungle. fenees or clearance.
standing crops which may ha...e been cut down or removed. and shall payor
tender to the o.....ners therC<lf the amount of compensation which. in his
opinion. should be allowed therefor.
Any dispute arising concernina the sufficiency of the amount so paid or
tendered shall be determined by the Deputy Commissioner upon application
made to him for that purpose by either of the disputing parties.
9. The Demarcatien-officer may issue a special notice calling Upon any Power to
person .....ho he has reason to believe can ai...e any information resptinl the summoa
""non to
boundaries of the land. or in whose pOssession or power any document relatinl live:
to such boundaries is alleged to be. to attend before him lind live such inlonnatiOll
or produce
information or produce such document. on a date and at a place to ~ docament.
mentioned in the notice.
E\"ery person on whom auy such notice is ser...cd shall be legally bound
to attend and to give such information or to produce such document as
required by the notice.
10. The Demarcationofficer shall. after m.:.king sucb enquiry as he thinb Demarca-
fit. mark OUt the boundaries of the land. and may cause boundary-marks. of t1on-offiotrto
. .In such num bcr. an d In
suc b matenals. . Sl,iC h manner. as b e t b In. s fi t. to be lJarll oat
bOUDdarlt.,
erected by the owners or occupiers of the land. or may ereel such marks and ;KId .uba:lil
charge the cost of such erection to such ownC'fS or- occupiers. and shall forward =~::,.
a report of his proceedings to the Boundary-ufficer ; ~.
Provided tbat. at any time before forwardinl his report to the Boundary_ WboIn
officer. the Demarcation-officer mal'. for any sufficient teason to be slated in
such report. altor any boundary marked out by him. =-=-
Dc-~

......u ...
 10 Boundaries.

B.-Procredings of Boundar)''*O!ficers
General 11. The Boundary-officer shall. on receipt of the report of the Dtmarca-
}Iotlce to
perton. fion-officer, cause a general notice to be published. informing all ~rsons
afl'n:ted. concerned that such report is open to inspection. and requirin, any person
who may have any objections to make thereto to submit a written statment of
luch objections within one month from the date of the publication of such
notice.
Spt-cial Whenever th~" BoUDdary-offic.er has reason to believe that any person
notice to
pen"",. interested is likely to object to any boundary as laid down in such report. he
likely to shall cause a special notice [0 be served on such person requiring him to
objed.
submit within Ihe said period of one month. a written statement of his
objection.
Statement. No person shall b.e entitJd as of right to submit any statement of objec-
of objections.
tion after the expiration of the said period of one month ; but it shall be in
the discretion of the Boundary-officer to admit any such statement after the
expiration of such period and before the order next hereinafter mentioned has
been made.
Order of tz. When the said period of one month has expired and the objections
BouIlduy-
oIl>Cer. (if any) made within it or subsequently admittlZd by the BoUDdary-offlcer bave
been enquired into by him. and any furtber enquiry which he may deem
necessary has been made by him. the Boundary-officer shall pass such order as
be thinks fit, confirming or modifying the boundaries as determined by the
Demarcation-officer.
If any objection seems to him not to be well-founded. the Boundary.
officer may direcl that all expenses of the enquiry which ba\"e arisen from such
objection sball be recovered from the person who made the same

Obj,etlon 13. When any person, within sixty days from the date of the ordor passed
ubJequrntir under section 12. makes any objection to the correctness of the deman:ation
m;l.d~ how
de:llt with. proceedings. the Boun dary-officer may. in his discretion. either refuse to
ep.quire into such objection. or may require the person making the same to
deposit. witbin a reasonable time. the estimated cost of any furtber enquiry
which it may be necessary to make in respect thereof.

Houndary- 14. If the costs of such further enquiry are deposited, the Boundary.
.Ill", .. officer shall. after making such inquiry. pass an order rejecting such objection
make (lUther
Jnq_lry. or admitting the same and am ending the order passed under section 12.
If. on such enquiry. the objection seems to tbe Boundary.officer not to be
well-founded. be may pass such order as he thinks fit in respect of the
recovery. from the person IDQking tbe objection. of any sum expended on the
enquiry in excess of the sum deposited, and of any necessary expenses incurred
by any other person on account of such inquiry.
No person making an objection under section 13 shalf, unless the
Boundaryofficer specially so directs. reco\'er any portion of the amount deposi-
ted by him under section 13.
 8oIIMilI'iu. 11
U For lhe purpose. of any coquiry under tbiI Act. Iho Boundary. Ptnow to
at--
officer ,han. in add.ilioa 10 the powen con I erred 'peelaUy by Ihi. Act. have an Clltoro.:
bendUlclol
the powers of a Detiuucalioo.amcer aDd also power to .ummon and enforce yitla. . . . .
tbe attendance of witnesses and compel the production of dOCWDeDtI. 10 far u de.
may be. by the same means and in Ihe same manner as is provided in the cue
of a civil Courl by tbe Code of Civil Procedure.

1'. The Bouadary.afficcr. wbenever be Ihiob fit. may. wilb tbl: tDJCDt Potrtrto
of tbe parties concerned. refer to 3rbitration any dispute as tp a boundary. 't1abl~u&.
The procedure laid down in (Ibe Arbitration Act. 1944.]1 sban apply (10
far as may be) to .uch rcfermoe.
=: .
17. The order paued by the Boundary..officcr under section 12. or. wben Effect Of
sueh oreler is amended under sectiun 14. such amended order shall, unlcss and order. of
\lOtil it be rt:versc4 or mudified in mllnner bercinafter provided. be conclusive
a. to the fact of actual possession but shall not decide the claim of any penoD
.......
BouDllary

to a riaht to posseu land_

C.-Appeals from Order' of BoundarJ-o/ficer.

I'. An appeal shall lie Co the Commiuioncr of the divwon from CYCI'J OnIon ....
order passed by a Boundary-officer under section 12. section 13 or section 14. puJabic 10
and the order of the Commissioner .ball be final and coaclulive a.
10 lhe fact .10DtJ'.
EfJrct 01
of aclual possession but shall not decide the claim of any penon to a ri,bt to ComlDl...
"""""""
posseu land. .ner,
~"" .
p .
:ZOo (I) The period of limitation of an appeal under section 18 shall be LllDllalloa
Iy d ays.
nt or an-JI .
(2) In computing such period of .i",ly days and in all respect. not herein
speci8ed the limitation of lucb a period sbah be ,overned by tbe provision. of
the Limitation Act.
11. The Cummissioner shall in bearing and determininl appeals uader ComPd.. I~
section 18 have as nearly as m:ly be the powers of an appellate Court under :~er ..
the Code of Civil Procedure.

B.-BoundaryMark,.
U. Whenover an order dctermiDinl a boundary baa become final. the W~,...._
Boundary-officer shall. unless permanent boundary-marks of a suitable delCrip- =~
tion bis.ve already been erected alool such 'bouadary. cause to be erected to .,.b.,..
permanent boundary-marts. of such materials. in .~b number, and in .uch .. acted.
ma.acr... be may consider suffici~nt to distinauilh such bou.ndaty.
An order determinlD& a boundary become. dnal for tbe purpolCl of thia
seot.ion wben it r. Dot OpeD to appeal.
I a.ulllted by tbe UIlInD of Burma (.AdaptllIoIl 01 14.,) O,~. 1941.
 2 BoundQries

ApporlioQ- 23. AU expenses incurred by the Boundary.officer in erecting such

G,ent 'f boundary-marks for any land shall be apportioned amQngst the owners or
upense 6f.
eteetion of occupiers of such land, in such proportions as the Boundary-officer may think
~"'. 6t. .

Notice to 14. When the expenses have been apportioned among such owners or
0Wl)U5 to occupiers. the Boundary-officer shall cause a notice to be served on each of
pay .bare of
upcue. them. spCifying the amount payable by him in respect of such expenses, and
requiring him 10 pay such llmount to the Boundary-officer within one month
from the service of such notice.
-_to
plxemartl
15. The boundary-officer may further cause a notice to be served on any
UDder charlie owner or occupier. placing under his charge any boundary-marks erected on
Of o_er. the boundary of his land. whether by order of such officer or otherwise.
aDd oceu-
plen.

Vuty to Every owner or occupier shall preserve such boundary.marks as may be

preserve placed under his charge under this section. and shall give immediate notice to
bouDdarJ-
markl. the nearest Magistrate or the officer in charge of the nearest police-station if
Duty to live any such marks are injured, destroyed or removed. or require repairs.
notice of any
Injury OCCur-
rinl to them.
Power to 16. Whenever Q Mogislrate of the 6rst or second class becomes aware
r_rect and that any mark erect~ under this Act within the local limits of his jurisdiction
repur
t>ounduy. has been injured. destroyed or removed. or requires repairs, such Magislrate
mart. may cause such mark to be re-erected. reslof\ed or repaired. and may recover
any expenses incurred in respect uf such re-erection, restoration or repair
from the owner or occupier who is bound under seclion 25 to preKfVC such
mark.

27

CHAPTER III.
MISCELLANEOUS.

Sarve,_ 21. When any officer is appointed by the Government 10 make a survey
ollicer. of any land. Ihe Financial Commissioner. subject to the control of the
Presidenloflhe Union, may invesl lueh officer, for the purposes of such survey,
with an or any of the powers conferred on Oemarcalion-officers by sections 4
10 9 (bulb inclusive). and also wIth power to cause any boundary or surveyor
other mllrks to be erected. or placed by the owners or occupiers of any 13.06.
or to erect or place such marks and lu charge Ihe cost of sU<:h ereclion or
placing 10 sucb owners or occupiers.
Allibe provi\ions of sections 23 10 26 (both inclusive). .hall apply 1.0
such marks and the officer invested with"such powers shall have allihe powers
of a Boundal'y-<lfficcr und.:r Ihe said sections.
 Boundarl~s. 13

lIA. It shall be the duty of every villaaeheadman and thuByi and of OuUnof
. "male o:Ifi.
~very I)wnCr or OC'CA.Ipler of land.- ~ tad

(a) so far as he lawfully can. tu prevent the destruction. injury or .:~:~c:

alteration of any boundary or surveymark within the local piu. of
limits of his jurisdiction Or on or within the land owned or Itnd
occupied by him. as the ease may be :
(b) whenever he becomes aware that any sucb boundary or survey.mark
has been destroyed. injured or altered. to report immediately to.
the officer in charge of the nearest police:station or to the
nearest Magistrate such destruction. injury or alteration.
zt. If any owner or occupier of any land. or any other person. being Power to
ordered in accordance with the provisions herein contained to perform any act. ~d:~dU
fails to perform such act within a reasonable time. the officer whu aavt: the Act at g .
order may. after giving notice to such owner. occupier or Olher person of his :::.ol:dia-
intention so to do. cause the act to be perform~d; and the expenSC$ incurred obcyiDllt..
in sucb performance shall be payable by such owner. occupier or other person.
31. Whocver~

(41') knowingly fails to discharg.: any duty imposed on him by this Act rau:~t:<:r
or any rule made thereunder. or di.clwCe
(b) being legally bound to comply with any lawful order under this dutylmpoted
A ct or withh ... 'cd10 any specla
t e requISItion contain
. ,notice
. In,orace:.
rwforrc{u.'
served upon him under this Act. refuses or neglects to comply 1(Cling to.
o;ornplJ WIth
thereWith. order CC'
notice uada
shall be punished with finc which may exl<nd to fifty rupees. A'C
31. Every amount due under the provisions of this Act may be recovered ...,...""Of
tmounb due
as if the same were an arrear of landrevenue. UDder Act.
Power to
31. The Financial Commissioner. subject to the control of Ihe President of make .ubll.
the Union. may from time to time make rules consistent with tbls Act- ditry rulct.
(a) for the collection and record of any information in respect of any
land;
(b) prescribing and limiting the powers and dutie. of officerS conduct
ing proceedings under this Act;
(e) regulating the delegation by such officers to subordinate officers of
the powers and duties conferred and imposed on them respec-
tively by this Act or the rules made thereunder;
(d) for the proper performance of \11 things 10 be done. aDd for the
regulation of all proceedings h> be taken. under thi, Act;
(e) for the publication. issue and service of all nolices. wbether general
or special. to be published. issued or .erved under tbi, Act. aDd
(f) fQl' carrying out generally the purpose, of thi~ Act.
All such rules shall be publislfed in the Gazelle. and sball thereupon b3ve ........
pgblication.
the force of law.
14

THE LOWER BURMA TOWN AND VILLAGE LANDS ACf.

CONTENTS.

CHAPTER I.
PaELI..IN"av.
S~cli01l4.
I. Extent.
2. Land to which Act applies.
3. Lands excepted from opc:roltion of Chapters II and IV.
. Definitions.
~ Powcr of President to define boundaries of towns and 'Villages.

CHAPTER 11.
OF RIGHTS IN LAND.
6. Application of Chapter.
7. Rights which may be acquired over land.
8. Mode of acquisition of landholder', rights.
9. Mode of acquisition of landholder', riahls in Alcyab. Bassein and
Prome.
10. Saving of rights of persons possessing lands included within extended
limits of town or village.
CHAPTER III.
GENERAL PROVISION~ IN IUlOARD TO A LANDHOLDER'S RIGHT.
II. Loss of landholder's right by abandonment of possession.
12. Application of person in possession of land for record of declaration
that he has landholder's right.
13. Procedure of Revenue Officer on receipt of such lIpplication.
14. Cancellation of such declaration anJ record.
15. Duty of civil Court when questions arise as to original acquisition or
loss of landholder's right.

CHAPTER IV.
DISPOSAL OF LAND.
16. Modes of disposal of land at disposal of Government.
17 Power of President to muke rules for disposal of such land.

CHAPTER V.
EVICTiON FIlOW, AND UNAUTHORIZED POSSBSSION AND USE OP,
STATE LAND.
18. Liability of possessors or State land to eviction in certain cases.
19. PenltUies for unautbori~d possession uf land.
 15

Sections.
~O. Penalties-for using land for unauthorized purpose.
21. Procedure for evicting person liable to eviction under Act.

CHAPTER VI.
ASSESSMENT OF LAN~aEVENUE.
22. Land liable to land-revenue assessment.
23. Assessment and levy of land-revenue by RevcDuc()fficer.

CHAPTER VIA.
REGULATION OF THI:: EXTItACTION OF MINEaALS AND LEVY OP ROYALTIES
THDEON.
23A. Extraction of minerals and levy of royalties thereon.

CHAPTER VII.
RECOVERY OF SUMS DUE TO GOVERNMENT.
24. Recovery of mOney due to Government under Act.
25. Priority of SURIS due to Government.
26. Pcnonlll liability for sums due to Government.
CHAPTER VIII.
RECOI.D OF PoSSESSION.
27. Application of Chapter.
28. Roll of town lands to be kept.
29. Duty or registering officer on registration of document relating to
title to land in towns.
30. Duty of parties to unregistered document transfening title to land in
towns.
31. Duty of persons acquiring possession of land otherwise Ihan by
Iransfer.
32. Power of Revenue Officer to hold inquiry in certain cases before
altering rol1.
33. Penalty for failure to live notice as required by section 30 or 31.
34. Power of Revenue Officer 10 bold inquiry al any time.
35. Presumptive evidence of possession arisine from entry in roll.
36. Liability of persons enter~ in roU to pay Government dema.nds.
37. Exemption of certain lands.

CHAPTER IX.
MISCELLANEOUS.
38. Powc;r to summon witnesses. etc.
38A. Witnesses, etc. bound to srealc the truth.
39 AppealS.
 16 Low~r Burma Town anti Village lAnd,.

Stftiolts.
40. Financial Commissioner's powers of revision.
41. Bar to jurisdiction of civil Courts.
42. Power of Financial Commissioner to mak~ rules concerning (orms.
43. Power of President to make general rules.
43A. Penalty for breach of rules.
44. Publ ic:ttion of rules
45. Bar of suits against Revenue Officers,

THE SCHEDULE.
SCHEDuLED TOWNS.

THE LOWER BURMA TOWN .AND VIL~AGE LANDS Aer.

[BURMA Acr IV, 1898.] (9th September. t899.)
CHAPTER I.
PRELIMINARY.
Extent. 1. This Act extends to Lower Burma and the Thayetmyo District of
Upper Burma.
wnd to 1. The provisions (If this Act shall apply only to land in towns and
which Act villages.
prUe..
LI"d' U:- 3. (1) Nothing in Chapter II shall apply to the following laeds,
cepted froat namely:-
.ntiOIl of
("'Npterlll (a) the soil of any river, canal. tank. drain. embankment. public road
IndiV.
or natural water-course;
(b) land included in any cantonment;
(c) land occupied on the 9th September. 1899. 1 for th.: purposes of any
monastery. pagoda or other sacred building. and continuing to be
used for the purposes of such monastery, pagoda or building;
(d) land included in any fisheries as defined in the Fisheries Ac[.
(2) Wh;n the boundaries of any land exempt under this section from the
operation of Chapter 11 need definition. and no other mode of defining them
is provided by law. they shall be defincd by the Revenue Officer.
(3) If before they are defined any qucstion ariscs as to whether any land
is included within them. such qucstion shall be decided by the Revenue Officer.
(4) Nothing in Chapter IV sball apply to land included io aoy canton.
menlo
... In this Act. ullless there is anytbing repugnant in tbe subject (Or
conttxt.-
(I) .. State land" means all land of wb:ic.b no absolute and revenuc-
free ~rant hiS been made. recognised or contirued by or OD
behalf of the Government;
, Date of commencement of Ihil A.:t.
 Lower Burma Town and Village Lands. 17

"(2) .. land at the disposal of Government" means--
(a) land'in respect of which no person has acquired a landholder'.
right;
(b) land in respect of which no person holds any right created by
grant or lease made by or on behalf of the Government;
(3) .. town" means an arca declared by the President of the Union by
notification to be a town for the purposes of this Act. or
constituted a municipality or town for th~ purpolCs of the'
Municipal Act or of the Towns Act;
(4) .. scheduled town" means a town spified in the Schedule;
(5) .. village" means an area appropriated to dwelling-places not
included in the limits of a town:
(6) .. Revenue Oflk'er .. means any person whom the President of the
U!1ion may appoint by name or as holding an office to do any
thing to be done by a Revenue Officer under this Act. or under
any rule made thereunder;
(7) "licence" means a Iic~nce in writing to use and occupy State land
granted by a Revenue Officer authorized to grant the same;
{S} .. possession" means the occupation of land by any person or by
his servant. agent. guardian. trustee. mortgagee. tenant or
licensee ;
(9) .. continuous possession" includes occupation of land by another
person through whom or in whose right the present occupier has
immediately succeeded in occupation. or by the ser\ant. agent.
guardian. trustee. mortgagee, tenant or licensee of any such
person; and
(10) .. landholder's right" means a permanent heritable and transferable
right of usc and occupancy in land in the landholder's posse...
sion. subject only-
(a) to the paym.:nt of all such revenue. taxes. ces.ses. rates and other
impositions as may from time to tim~ be imposed on such
land under any law for the time being in force.;
(b) to the reservation in favour of Go\'ernmcnt of all mines and
mineral prodUCts and of all buried treasure, with all the
powers conferred by Chapter VIA.
~, When (he boundaries of any town or village need definition for tbe PMPler of
purposes of this Act. the President of the Union may by notification define PRai4ent
to define
the same. boundaries
0( towns and
\'III1,es.
CHAPTER II.
Op RIGHTS IN LAND.
6, Subject to the provisions of-section 3, this Cbapter shall apply to aU AppJi~lIOIl
lands in all towns and villages. uf Cbapter,

2
 18 Lower Burma Town and Village LandI.

Riehl, '7. No right of any description as against the Government shall be

which lIlil:" deemed to have been, or shall hereafter be, acquired by allY person over any
be acquired
ever land. 'land in any town or \'iIlage except the following. namely : -
(a) rights created by grant or lease made by or on behalf of the *
Government:
(b) rights acquired as against the * * Go\'crnment under the Limita-
tion Act;
(c) rights,originating and acquired in any of the modes specified in the
next following section, or in section 9 or section 10:
(d) rights legally derived from any right mentioned in clauses (0), (b)
and (c) of this section.

Mode of 8. Except in land in any scheduled town, and in land which the
acquititlon
of lando President of th'e Union may, by notification, specially exempt fronl the opera-
holder', tion of this section, a laiiuholder's right shall be acquired by every person
richt who, otherwise than under a grant or lease made by t h e ' *
Go\'ernment,-
(a) has had continuous possession of land for twelve years immooiately
preceding the 9th September. 1899; I
(b) ha\'ing had continuous possession of any land for less than twelve
years immediately preceding the 9th September, 1899. 1 shall
have continuous possession thereof for twelve years computed
from the date of original cntry into possession;
(cJ shall. after the 9th September. 1899,1 haw continuous possession
under a licence of any land at the disposal of Go\'ernment,
and pay all land-revenue and other public d~mands (if any) in
respect thereof for twelve years.

Mode of 9. In the towns of Akyab. Bassein and Prome every person who from
aCqui'ltiOl1 the following dates, namely-
cI. l:o.nd_
holder', (a) i.n the case of Akyab. the first day of April. 1852;
Tight.
in AlrJ:o.b. (b) in the case of Bassein. the first day of January, 1876;
B:o.Sle'n and (c) in'the case of Prome, the first day of January, 1870;
Prome.
has been in continuous possession of any land otherwise thnn under a grant
or lease of the same from the * * Government up to the 9th September,
1899.1 shall be deemed to have acquired a landholder's right in respect of
such land.

$:lYing 01 10. (I) The extension of the'limits of any town or village shall not affect
riChti of per-the rights which a person in possession of land included within the extendeli
'OIl' pm~eu limits nlay have acquired prior to such extension under any law for the time
Ing hod.
lncillded being in force.
within n: (2) If. under the law applicable to any such land before spch extension.
tended limits
of town 01' the persoR in possdsion of the land at th.~ time when the extension was made
\"Il~agc.
I Date 01 c_enecmcnt Of thia Act.
 19

could by continuous poueuiOD [or a period of twelve yean have acquired

nabt thereto cqui.... lcnt to landholder's riPI under this Ad. any .Ddt
person or his SUCCC5S0r in continuous poueUiOD .ban, after such period of
twelve years' continuous posscnioD l;Omputcd from the date of ori,ia,) entry
into possession. be deemed to have acquired a landhoJder', right under this
Act in respect of such land.
CHAPTER Ill.
GENEI.AL hOVISIONS IN aEOUD TO A LANDHOLDU'S' RIGHT.
11. A landholder's right in respect of any laneloshall ceale if tbe landbolder LOI'O{
abandons possession of the land for two years continuously. landholder',
right by
a.bandonll"el-t
Of pone Ilion.
U. Any person who is in posseuion of any land. and asserts Ihat he has AW1ication
acquired a landholder's right in respect of the same, may apply to the Revenue of pn'IOft in
Officer to record in a roll to be kept for this purpose a declaration of the fact ='=~of
of his having acquired luch ri,bc. cord tAdKll.
raliofl tbat
he hH land-
h"""".
ri,hL

President of the Union may by ruJ~ prescribe. lind. if after inquiry he is =:;
13. On reocipc of any sucb appHcalion. Ihe Revenue Officer shall cause PN>cedare
public nOlice thereof to be given in such manner and for such period u the of Rev_

satislied that the applicant has acquired such right, he sball record a declara- I.dr. appIlca-
lion to tbat effect in lhe said roll and shan furnish lhe applicanl. if be tica.
requires it. with a certilied copy of such declaration.
If. (I) If. within live years from the date on which. declaration bas Canctn~tl{tB
been recorded under the lasl forcaoin. KCtion. the Revenue Officer is .. tilfied (lillICh_I.
ratlotl and
that it is erroneous, he may cancel it : "CGt'd.
Provided that no declantion .hall be cancelled until notice of the
Revenue Oflker', proposal to cancel it has been published in such manner and
for such period as the President of the Union may by rule prescribe. and until
all persons claiming an interest in tbe land shan have had 8l'l opportunity of
showing cause against the proposal.
(1) While any such declaralion remain, on the roll uncanceUed. no fresh
declaration inconsistent therewith shan be recorded in the roU.
15. (I) Whenever a question arites in any proceeding before a civil Court Duty of
as to whether any person has acquired a landholder's "lIht in respect of any chil Com
land. and it appears that a declaration 01 the fact of sucb acquisition bas =na=~
baen made and recorded by the Revenue: Officer not less than five yurt before to oric.inal
the commencement of such proc:dina and is still ungncellcd. the Court lhall ::1::~0Il
decide in accordance wilh luch declaration. I~I
(1) Whenever any such Question arises in any such procccdin, and it riChL
Bppe:US that ntl such declaration hl!s been so made. or tUt. if made. it was
made less than five years before lhe conunenoemcnt of sucb proceedin,. or
that it ....a$ been cllnccllcd. and when~r any question arises as t& whether ..
 20 Lower Burma Town and Village LAnds.

landholder's rigbt, hning been acquired, bas been subsequently lost. the Court,
shall refcr such question to the Re\"enue Officer, and shall give judgment in
accordance with his decision tbereon :
Provided that. where an appeal from the decision of the Revenue Officer
on any question so referred lies to a Revenue Officer of a higber grade, the
Court shall. on such conditions as to the furnishing of security or otherwise as
it thinks fit. defer its judgment so as to allow time for preferring an appeal.
and. in the event of a decision being given in appeal different from that given
by the Revenue Officer to whom the question was originally referred, shall give
judgment in accordance witk the decision given in appeal.

CHAPTER IV.
DISPOSAL OF LAND.
Yodnof 1'. Land at the disposal of Government rna)' be disposed 0[-
d11~1 of
land at (a) by grant or lease, conferring such interests therein and on such
dbpoulOf conditions as the President of the Union may by rule prescribe;
Go\"emmcat.
(b) by licence of the Revenue Officer.

Power of 11. (I) The President of the Union may make rules for tbe disposal of
President to land at the disposal of Government.
make ruin
for disfIOIal (2) Such rules may provide. amongst other matters, for the following :--
oI'luch land.
(0) the amount or kind of interest to be created in such land by
grants or leases and the condilions (if any) subject to which
such interest may be conferred:
(b) the mode in which, and the Revenue Officers by whom, such
grants or leases may be given:
{c) the Revenue Officers by whom. the manner in which,and the condi
tions subject to which licences to use and occupy land may be
given;
(d) the rates of revenue to be levied or rent to be reserved in respect
, of land disposed of by grant or lease or occupied under licence.
as the case may be ; and
(e) the cases in which such land may be -disposed of revenuefree.

CHAPTER V.

EVICTION FIlOM. AND UNAUTHOltlZED POSSESSION AND USE OF.

,sTATE LAND.

...In_
UabiJily of
-~
Of Stile land
to eviction
II. (I) Every person who-
(a) at the commencement of this Act is in possession of State land
in respect whereof he has not then acquired a landholder's
...... riaht. or
(b) after the commencement of this Act enters into possession of sUch
land under a licence froQl the Revenue Officer.
 Low" Burma Town and JliJla,~ Lands. 2\
shall, until he acquirCi a landholder's right fn respect of such land. be liable
to be cvicted therefrom after three months' notice from tbe Revenue Ofticer
to quit the samc :
Provided that every person so evicted shall be entitled to receive from
Government such compensation as the Revenue Officer may determine for the
expense of removing and re-erecting elsewhere the buildings (if any) on lbe
land, and for any loss or injury to any crop, garden produce and productive
trees planted or grown by him or by previous occupants of "he land.
(Z) Nothing in this St'ction shall apply to an~ person holding State land
under a grant or lease made by or on behalf of the *
GovernmenL
1'. Any person who after the 9th September. 1899.'-
(a) entcrs into posseSSion of uy land "al the disposal of Government
expt under a Irant or le:ue from th~ Government. or under
a licence from the Revenue Officer. or
(b) remains in po!>SCssion of such land after any such grant. lease or
licence has been cancelled. or has expired. or hal otherwise
become void and possession has been demanded on behalf of
Government.
shall be Jiable-
(i) to be summ1rily evicted therefrom:
(ii) to pay five times the amount of revenue or rent asscSSOlble or
payable in respect of the land during the period of his
unauthorized occupation; and
(iii) to pay such fine as the Revenue Officer may determine as a further

_
penalty for such unauthorized occupation or possession.

.........
%8. When the Revenue Officer is satisfied that any Slale land of which & Pnatll" fOl'
grant or laose has been made. or in respeel of which & licence has been given. Dtinc.wad 101'
limited to any specific purpose. has bn. or is being used without tbe
permission of tbe Revenue Officer for any other purpose. the person in
.........
possession of the land shall be liable-
(I) to pay sueh re,'..:nue or rent, or enhanced rate of revenue or reot.
in respect of the land as the Revenue Officer shall determine
from the time when the land was first used for such otber
purpose ;
(2) to pay 'such fine as th~ Revenue Officer may determine as a further
penalty for the unauthorized use of tbe land;
(3) to have tbe grant. lease or licence of or for the land cancelled
by the Revenue Officer and 10 be ev\cted tberefrom ;
Provided tbat no final order under this section' shall be made until
tke persoD in po~session of tbe land has had an opportunity of showing cawc
against the i~sition of any penally. and that no orde" shall be enforce4
until it has been confirmed by the dSmmissioner of the division.
 22 Lower Burma Town and Vil/agt: l,Ands.

Procedare 11. (I) When any person is liable under this Act to be evicted from'
{Of ev\<!dnc State land. the Revenue Officer may issue an order tequiringhim and any oth(r
renon li:ablt person (if any) occupying the land to quit the same, and to remove therefrom
to eviclion
under Aet. all property other than Government property within a specified time.
A copy of such order shall be posted up in some conspicuous position on
the land or upon a building thereon.
(2) If after the time specified in the order any person remains upon or in
occupation of the land. the Revenue Officer may. by warrant under his hand.
cause such person to be arrested and may commit him to imprisonment in
the civil jail for such peri06. not exceeding thirty days, as the Revenue Officer
may consider necessary for the purpose of preventing resistance or obstruction
to his order.
(3) If any property other than Government property remains on the land
after the time specified in the order. the Revenue Officer may cause the same
to be removed and sold for the purpose of defraying the cost of its r..:moval.
custody and sale; and thereupon the surplus proceeds of the sale (if any)
shall be paid to the owner of the property.
(4) Nothing shall be deemed to be Government property within the
meaning of this section merely by reason of its having been put into or affixed
to the soil.

CHAPTER VI.

ASSESSMENT OF LAND REVENUE.

Land Ibble 12. All State land shall be liable to be assessed to land-revenue. except-
to I:aDd-
1"C~eR\I.
(a) land which on the 9th September. 1899,1 belongs to the site of any
aueulnft:lt. monastery. pagoda or other sacred building. and which continues
to be used for the purpose of luch monastery. pagOda or sacred
building;
(I land exempt from assessment under the express lerms of any grant
or lease made or 10 be made by or on behalf of the *
Government, so long as the conditions (if any) subject to which
the grant or lease has been or shall be made are fulfilled;
(d plots of land in villages not exceeding one-fourth of an acre each
in extent and occupied by or appertaining to buildings;
(d) plots of land in towDS not exceeding one-fourth of an acre each in
extent and occupied by or appertaining to buildings which ate
assessed to'one of the taxes specified in section 62.t sub-section
(I), division (A). clause (a). clause (b). clause (d or clause (d)
of the Municipal Act, or on which a houscocesa is levied under
section 6 of the District C~ssct Act.

I D:ate of c:nnmencetnent o,lhit Act.

I Substituted by Act lI,t94,;,
 Lower Burma Town and Yillage Land,. 23

U. The Revenue Officer shall assess and levy landrevenue UpOD all lands Aneum.nt
liable to payment ihcreof according to such rates and in such manner III
the. ~d~:lM.
Financial Commissioner. with the previous sanction of the President of the by ReVClIlu.
Union. may prescribe. Of6c;w,

CHAPTER VIA.
REGULATION Of THe EXTlACTlON Of MIM.EaALS AND LEVY OP ROY.\LTlES
THEl.EON.
%3.\. (0 [n the case of any land wherein tbe right to minerals i.I reserved Eiliactioo1 Of
to or otherwise belongs to Government. the Government shall have all powers mlueral'l and
le.,- of lO)'IJ_
necessary for the proper enjoyment of its right Ihereto. and may dispose of de_ Utereoa.
any such right and power~ to any persons in such mann~, as 10 it may
seem 6t,
I (2) Whenever the ri,bu of any owner or ~upier of any land areinlrin,ed
by the occupation or disturbance of the surfaee of the said land. either by tbe
Government in the eJ,etelse of the rights and powers referred to in sub-lCClion
(I). or by any perSOn to whom the Government may have disposed of slK:h
rights and powers in regard to the Aid land. the Government shall pay. or
cause In be paid. 10 such owner or occupier compensatioll. for tbe infriDJC'
ment.
The compensation shall be determined. as nearly .. may be. in accordance
with Ihe provisions of the Land Acquisilion Act.
(3) The President of the Union may. from time to time. make rule5--
(a) for regulating or prohibiting the mining. quarryina: or dipinl for
or tbe eJ,cavating or collecting of minerals on land wherein the
right to minerals is reserved to or Otherwi.se belonas to Govern
ment;
(b) for the disposal by way of lease. licence or otherwise of such rilht
of the Government, and 6dng the conditions subjecl to whicb
and the mode in which such disposilions may be made;
(c) for the levy and collection of royalties and fees in respect 01
minerals mined. quarried. excavated or collecled on any such
land: and
I (d) for prohibiting or regulating and contl'ollina the poucssioD.
purchase. sale.. transport and export of minetllls. for che issue
of licences in furtherance of slK:b regulation and canU'ol. and
for lbe levy and colltioo of fees in respect of such Iicellces.
CHAPTER "vII.
REOOVEU OF SUWS DUE TO Go~El.HMENT.
Jot. All sums of money now due and payable. or
which sball hereafler _..,.01
become due ~lOd payable. to Government in respect of any land. whether for mOGeydae to
Goycnur..t
landrevenue. rent or otherwise. and all finct imposed By a Revenue. OlBcer \toder Acl.
I Sllb$Ii"at~d br Act \'111.1947.
 24
under this Act. shill be recoverable as if Ibey wert arrears of land-revenue
under tbe und and Revenue Act.

......,01 15. Every sum due to Government in respect of any land shall be a
.lIm, dllC to char,e upon the land and shall have priority over every other charge thereon
GO'CTJUllat.
crcaltd by mortgaSe. decree. attachment or otherwise.

Personal
U. Any sum due to Government in respect of any lal'ld shall be due
IlabiUt, for jointly and severa'lIy from. and shall be payable by. all persons in possession
,om, due to of the land at the time the lum is demanded and aU persons in possasion of
Go~At.
the laod durill& the period for which the sum is payable.

CHAPTER VIII.
RECORD OF POSSESSION.
ArPllc:ali"n 21. This Chapler shan apply only to scheduled towns and to such other
Of Cbaf'ler.
tOllt'DI as the President of the Union may. by notification. direct.

Rull of tcm:n 18, There shall be kept by the Revenue Officer. for every town to which.
latldI to be this Chapter applies. a roll ot town lands. in which shall be entered the
kepi,
names of the persons for the time being in possession of all lands within the
town. together with. such parliculars as the President of the Union may. by
rule. prescribe,

Dot, Of 2t. Whenever any document affecting the title or right to possession of
lq.UteriDI any land in any such town as aforesaid shall be registered under the Registra.
rqi.tntion tion Act. the officer regillering the same shall send to the Revenue Officer a
""", M

0 1 _ 1 true copy of tbe entries in the indexes. kept under the said Act. relating to
nbtiqto such document,
tltkto bnd
in lowlIS,

Duly of 30. Whenever the title or right to possession of any land in any such
pa~" 10 aA tOWn as aforepid shall be transferred otherwise lhan by a registered docu-
rec,tend , , f
document ment. the transferor and trasnferee shull gIVe notice to the Revenue Officer 0
trnnllerring the change in possl:ssion within thirt)' days from the date on which the
title to land "
In lou'M, transferee enters IDto poSseSSIOn,

Duty of 31. Whene\'er lIny person acquires possession of land in any such town
rcr-s as aforesaid otherwise tban by transfer or assignment from tbe person
=~ of previously in possession or such m.nd. he shall. within thiny days from the
lao"" other- date on which he enters into possession. live notice to the Revenue Offic
,.....lIe,lhan
ram er.
by of the chan&e in posseSsion and of the right onder which he claims

possesston,

PQ9iCr 01 31. Tbe Rc\'clfoe Officer may. in DillY case before ahering the roll df
RM'eftlM!
Ollir 10 town lands. make a summary inquiry into the circumstances of any al1eged
boW Inquiry transfer. devoiotion of title. or acqoisition of possession or any land. and may
 Low.,r Burma Town and Village Land,. 25
refuse -to enter the pame of any person on the roll as being in possession of In cerWa
any land until ~e shall have been declared by the dt:cree of II competent civil'~rj~~it
Court to be enutled to possession thereof.

"33. Whoever. being bound by section 30 or section 31"10 give notice to Penllt,.for
the Revenue Officer of a change in possession. shall fail to give such notic" ~l~huc::~&lve
within the time prescribed therefor. shall be liable to such fine. not exceeding required by
one hundred rupees. as the Revenue Officer may impose. 3~~tion 3001'

34. The Revenue Officer may at any time hold a $ummaty inquiry in Power of
Revenue
order to ascertain who is in fact in possession of any land. and may enter in Officer to
the roll of town lands the name of the person whom he finds to be in hold Inquiry
possession. at IllY time.

3.5. An entry in the roll of town lands of the name of any person as being Prolumptlvc
in possession of any land shall be presumptive evidence that such person was. evid'n<:e of
pollleasion
or is. in possession of the land. as the case may be. ari'in, from
enlry in roll.

36. (I) The person whose name is for the time being entered in the roll Liability of
p,nops
of town lands as being in possession of any land shall be liable to pay all revenue. entered in
taxes. rent and other Government demands in respect of such land. whether he roll to P;l1
is in fact in possession of such land or not. Government
demand~.
(2) Nothing in this section shall be taken to exempt from liability any
other person who under this Act or under any other enactment for the time
being in force may be liable to pay any such revenue. laxes. rent or other
demand.

37. Nothing in this Chapler shall apply to land held from the Govern- Enmpllon
ment on a lease from month to month or under a tenancy determinable at of cerWn
landt.
will

CHAPTER IX.
MISCELLANEOUS.

38. (I) A Revenue Officer may summon any person whose aUendanc~ Po....er 10
he considers necessary for the purpose of aft)' business before him as a Revenue lummon
witAt_.
l>fficer. Such summons shall be issued and served in accordance with the ,~.

provisions of the Code of Civil Procedure regarding the service of summonsel.

(2) Every person so summoned shall be bound to appear at the time and
place mentions:d in the summons in person or. if the summons so allows. by
fais recognized agent or legal practit,joner.
(3) In addition 10 the powers conferred by this section. t~e President of
the Union may invest any Revenue Officer with any power exercised by a civil
 26 Low" burma Town and JlilIaCt! La,nds.
Court in the trial of suits for the purpos: of aU or any ~articular case. or
classes ot cases coming before such Revenue Officer.

Witneuu. 38A. E"'(ry person attending in obedience 10 a summons issued by a

etc., bound Revenue Officer, and every applicanl or olher person appearing before a Revenue
10 speak the
butb. Officer. shall be bound to stale the truth upon any matter respecdng which be
is examincd or makes statements. and to produce such documents and other
, things relating to ,any such mattcr as the Revenue Officer may require.

39. An appeal sball1i(; from the orders and decisions of Revenue Officers
in respt:ct of matters dealt with under this Act in such cases. to such officers,
and subject to such limitations as to time and such other conditions. as the
President of the Union may. by rulc. determine

Fillaocial ... Notwithstanding that no appeal may lie 10 him. the Financial Com-
Commh- missioner may caU for and revise the proceedings of any Revenue Officer in
Sinllc.r"
powers of any case dealt with under tbis Act, and may pass such orders thereon. consis-
levislOA. lent with Ihc provisions of this Act. as he may think fit.
Bar to jurh- 141. No civil Court shall have jurisdiction to determine any matter which
dicli'lII of
cit iI Courl1. under Ihis Act. is to be determincd by the Revenue Officer.

Power of 4%. The Financial Commissioner may. subject to the control of the
Financial
Con\Ulia- President of the Union, make rules prescribing the forms of aU rolls, registers.
sloner t.l notices and other doc uments to be used under this Act.
make ruk3
concera!ng
forms.
Power of 43. In addition to the rules concerning matters in respect of which the
Pusident President of the Union is by scction 17 expressly empowered to make rules,
10 n.akc
i CDe1'0I1rulu, th: President of the Union may make ruks to prescribe-
(a) the manner in which. and the period for which. notice of receipt
of an application under section 12 shall be given by the Revenue
, Officer under sc:ction 13;
(b) the manner in which. and the period for which, notice of the
Rc\"enue Officer's proposal to cancel a declaration under
section 14 shall be published;
(c) the particulars to be entered in the roll of town lands to be kept
under section 28 ;
(d) the cases in which, the officers to whom. and the limitations and
conditions subjecl* to which, appeals shall lie from orden and
decisions of Revenue Officers ;
(l') the penon orpersons by whom, and tbe manner in which. any-
thing required by this Act to be dono and not therein specially
provided for shall be done; and ,
(J) generally. to carry out the provisions and objects of this Act.
I Sutltilut"lJ by .\cl 11,1945.
 11
4JA. The pteaident ot the Union may. in matins an)' rule under tbi. PeDaJty for
Act. attach to the breach of it. in addition to any other consequencet that, ~~ of
may ensue from such breach. a punishment. on conviction before a Magistrate.
not exceeding one month's imprisonment. or two hundred rupees fine, or both.

44. The power to make rules conferred on the President of the Union Publication
by section 17. section 28. and section 43. clauscs (e). Cd), (e) and (t). sball be of ruin.
subject to the condition at the rules being made after p~vious publicatiod'
and the rules &0 made shall DOt tate etrect until after they have been publi.be4
in the GazeUe

5. No civil suit shall lie .pinst any ReYenue Officer in respect of any- Buof mila
tbing done or purporting to have been done by him in aood faith under the : ; : : .
provisions of this Act. 06;en.

THE SCHEDULE.
(Su section 4. clause (4).)
5(;HEDULED TOWNS.
Rangoon. Akyab.
Moulmein. Basscin.
Prome.

THE GOVERNMENT MANAGEMENT OF PRIVATE ESTATES Aer.

(ItoiDIA ACT X. 1892.] (25tb October. 1891.)
Whereas it is expedient to provide for tbe levy of a rale on private
estates under the management of the Government to cover the COlt of aD
Govcrnnlcnt establishments in so rar as they arc employed in ihc supervision
and management of such estates. other than establishments specially entertained
for any particular estate or group of estates. and to meet all contioleDl
expenditure incurred by the Government in connection with such IUpervilion
and manaacmco( ; It is hereby enacted .1 follows : -
t.
2. [n th's AcL uoless there is IOmethina rcpupanl in the subject or Delait&cal
cootCIt.-
(I) .. immoveable property" includelland. buildinp. he:rediWy
allowances. riabtilO way liabu. ferries. fisheries or anyotbel'
benefit to arise out of laad. and tbina' attached to tbe earth
or permaoently falteoed to anytbina wbich is fttached to the
earth. but not .tandina limber. erowina crops or an":
 28 Gow.'rIImC'nt Manog~",ent of Private Estater.

(2) ., gross income" includcs all rcceipts of every kind in produce or

c]sh. except money borrow~d. r~coveries of principal. and the
proceeds of sale of imrnO\'eable property or of mOveable
property properly classed as capital; and
(3) .. private est:l.Ics under Government man:l.gemenl " include-
(a) 0
(b) encumbered estates under Government management;
(d e'sbte5 attached for default of payment of GOvernment revenue;
(J) minors' est;o.leS pl:l.ced under the guardianship of a revenue-
officer of the Government by a civil Court;
(e) estates managed by a Collector in pursuance of any order made
under the Code of Civil Procedure; and
(I) all other estates made over to or taken under the management
ofa revenue-offic:r of the Government as such under any
law for the rime being in force or in virtue of any agreement.

3. It shall be lawful for the President of the Union-

h) to levy on all private e,tates under Government management a
rate not exceeding five per cent. on the gross income. calculated.
as nearly as may be possible. to cover_
(a) the cost of all Government establishments in 10 far as they
may be employed in the supervision or manaaement of such
estates other than establishments sEKcially entertained for
the supervision or management oC any particular estate or
group of estates. and
(b) all contingent expenditure incurred in consequence of sucb
supervision or man3gement ;
(2) from time to time 10 v:try such rate: and
(3) to reduce or remit such rate in any special case or cases as
may be equitable:
Provided "that, in deciding the amount of the rate to be levied under Ibis
Act on any particular estate or group o( estates. the President of the Union
shall consider the expenditure incurred on spt:cial establishments (or such
estate or estates.
Power to 4. In cases where an officer of the Government is employed to give legal
Ie-oJ 5PC-"ial
em,'V'" advice or to audit accounts On behalf o( anyestate.lhe President of Ibe Union.
if he considers the services rellde(ed to be or a Ipecial nalure. may direct a
special charge to be made against that estate on account of such services.
irrespective of the rate leviable under the last foregoing section.
Sa.,illC at 10 5. Nothing in this Act shall apply to the cost or establiShments specially
lpeci;,1 tZ"
pendlture. entertained or Co eXI)enditure of any descr;iplion specially incur'ted in respect
or any particular estate or estates.
6.
 Government MQnQgemenl of Pri\'QI~ EsltJ(es. 29
7. The President of the Union may make any rules and issue any P..nI/cr 10
orders which rna)'. be necessary for carrying this Act into effect. and which make JlIlu.
are consistent therewith

Where any Government establishment is employed in such supervi- Ezemptioll

sion as aforesaid. the President of the Union shall be the sole judge of the from Jma-
dklica of
cost attributable to such emploYlilent. and his decision thereon shall not be COlInJ.
questioned in any Couf( of law or otherwise.

THE LAND ALIENATION ACT.

(BUJ.MA ACT XII. 1939.] (19th 'August. 1939.)

PRELIMINARY.

1. (I) This Act may be called the Land Alienation Act. 1939. Soon !lUc.
c"lcllt I.Ild
(2) It shall COme into force on such date l as the President of the Union ~meuc"
may. by notification. specify in this behalf. menl.

%. (I) Nothing in this Act shall apply to transfers of Iand- Sa't'iIlJ ill
respcd of
(a) under the Land Acquisition Act: cerlaln
(b) by or to Government; lTandcTI.
(e) by or to cooperative societies engaged in the prOVISion of
agricultural credit or the marketing of agricultural produce ;
(d) by or 10 credit institutions controlled or organised by Government
and prescribed us such;
(e) made in good faith for a religious, charitable or public purpose :
(f) resulting from inheritance;
(g) made between joint C'wners of tlte land;
(II) made in clLecution of an order or decree of a civil Court passed'
before the commencement of this Act;
(iJ by the mortgagor of the land to the mortgagee in cases where lhe
mongage was entered into and registered UDder the Registration
Act before the commencement of this Act.
(2) Nothin& in Ihis Act shall apply to the mortgage of land by a vendee
to a vendor as security for payment of the price or pari of the price of the
land or to the subsequent retransfer of lhe land by the vendee to' the nndor

in satisfaction of tbe mongage-debl: Provided that the mortgage' was entered
into 3t the time of the sale and tbat both the ~ccd of ule and the deed of
mortgage were registered under the Registration Act within one month of
their execution

I This Act was brOlllhl into force .....Ith eife<:l frOt1\ the 19th AU&IIII.""'i9i9 ; 6U Ngtj6caliou
No. 47. Bu,,,," GI1Ttttt Pnl I. dated UIC 18th ALI'uat, 1939.
 30 Lond Alienation.
(J) Nothing in this Act .hall apply to a transfer of land made with tbe
permiuioD of tbe Collector by an agriculturist to a non-agiculturist for tbe
.t'urpose of er:ting thereon buildings required for trade or industry:
Provided that the Collector may declare any transfer under clause (e) of
sub-section (I) or sub-section (3) null and void if it is proved to his satistac
tiOD that tbe land is used for any purpose otber than that for which it was
transferred.

Dl:bltiolls. 3. In this Act. unless tbere is anything repuznant in the subject or

context-
(I) .. agriculturist" means a person-
(a) wbo is cnlaged or bas habitually been engaged in tbe cultiva-
tion of land with his own hands as his principal means of
subsistence; or
(b) who satisfies both the followilll conditions. namcly-
(il that he superintends personally and throughout the working
periods of the year the actual cultivation of land. aDd
(ii) that he derives the major part of his incomc either from
such superintendence or from the cultivation or land with
his own hands or jointly from such superintendence and
such cultivation.

xplotfQtiott (I).-An agriculturist who. with the intention of changing

hil status as such in order to cnable him to ull land to a non-agriculturist.
temporarily ceases to be all. agriculturist or is prevented from being an
agriculturist by age or bodily infi.rmity or by necessary absence in the military
servico of the Government. does not thereby cease to be an alrtculturist for
the purposes of this Act.
ExplotfQlion (2).-Thc wife or the minor IOn or the minor daughter of
all. agriculturist shall be deemed to be aD aariculturist for the purposes of tbis
Act;
(2) "land'" means land which is not in a tOWD or village and is occupied
or let for agricultural purposes or for purposes subservient to agriculture and
includes-
(0) the sites of buildings and other structures on such aaricu!lural land;
(b) !ightl to eenU or profits of an estate or holding;
(d rightl of a usufnactuary mortgscor or mortgagee;
(d) any right to water n50yed by the owner or occupier of land as
suc:h: and
(t') any risht of occilpation uDder any law in force ;
(3) .. Donagriculturist .. means a perSOD who is not an agriculturist :
(4) .. permanent alienation" includes sales. exchanges and kifts ;
(5) .. prescribed" means preacribed tiy this Act or by ruks made under
this Act; .
 lAInd Ali~tUUjotl. 3.
(6) .. Revenue Officer" meanS any person whOm the President of the Union
may appoint to do anything required by this Act to be done by a Revenue
Officer: provided that. except in the caae of My06k 1 in charge of a subdivi-
sion. and except for special reaSOD' to be recorded in writine. no perSOn ".. ho
is lower in rank than an Extra Allistant Commis'loner ~ or Superintendent of
Laud Records .hall be appointed a Revcne Officer under tbi. Act.

PUMANI!NT AUENAnOM O. LAND

. (I) Notwithstandina the provision$ of any other Jaw. no permanent Prohlblllon

alienation of land sball be made by or on behalf of an aariculturist to a non- lIIn,l mocti60
c.~tion of
acriculturist. pennaDtnt
(2) If the Collector i. satisfied tbat any land ha. been alienated in alieZl>lllioo.
contravention of sub-section (I) he sball pass an order converting the aliena
tion into a usufructuary mortgage on .uch terms and for .uch period not
nceeding 15 years ., he shaJJ decide. and shall dincl the parties to pay a
flne not exceeding one-third or tbe value of the land as flxed in the deed by
which the land was alienated. Both parties to the alienation shall be jointly
and severally liable for tbe payment of such fine:
Provided that. if it is proved to tbe satisfaction of the Collector that the
alienation was due to a bono fide mistake on the part of one party as to the
status of himself or of the other party. he may declare that the alienation shall
have no effect and may also place the alienor in possession of the land on
repayment by him to the alienee of the purchase money within thirty days
from tbe date of publication of the declaration or of service thereof On tbe
alienor, In default of such repayment. the alienation .hall take effcct a. a
usufructuary mortgage under clause (0) of sub-section (I) of section 5 for such
term not exceedinJ 15 years and on .uch <:anditions as the Collcctor may
prescribe.

TEMPOMaY ALiENAnoNS OP LANb.

5. (I) If an agriculturist mortgages his land and tbe mortsagee is not an Form. of
agriculturist. the mortgage shall be made in one of the following forms :_ Ulort,qe
~mlttcd in
(0) in the form of a usufructuary mortgage by which the mortaagor certlllillo
delivers possession of the land to the mortgagee and authorizes eases.
him to retain such possession and to receive the rents and proflts
of the land in lieu of interest and towards payment of tbe
principal. on condition that after the expiry of the term .greed
on. or (if no term is agreed on. or if the term aereed on exceed
Mten years) after the apiryof fifteen years. the land .halI be
re-delivered to the mortgagor; or
(b) in tbe form of a mortgage without posseuion. subject to the
condition that. if the mortgaaor fails to pay principal and interest
aecording 10 his contract. the mortgagee mty apply to the civil
I Now an oRicer of the Burma Civil Sen'iee IJullior Uranchl.
Now an oKlCa' of the 8\1rma Chi. Senjce (Senior nraDCh).
 Land A Uenal;on.

Court to place him in possession for such term not exceeding

fifteen years as the Court may consider to be equitable. the
mortgage to be treated as a usufructuary mortgage for the term
of the mortgagee's possession and for such mortgage-debt as may
be due to the mortgagee: provided that the interest shall be
simple interest al such rale and for such period as the Co.urt
may think reasonable; or
(c) in any other form not inconsistent .with the provisions of this Act
whiLh the President of the Union may prescribe generally or for
particular areas: provided that the period of possession allowed
to the mortgagee shall not exceed fifteen years.
(2) The Court, if it allows the application of a mortgagee under clause
(b) of sub-section (I), shall have power to eject the mortgagor. and as against
the mortgagor to place the mortgagee in possession.

Provisions 6. In the case of mortgages made under section S--

applying to
penllitted (I) no interest shall accrue during the period for which the mortgagee
mortgage,.
is in possession of the land or in receipt of rent;
(2) at the end of such period of possession the mortgage-debt shall
be deemed to be extinguished ;
(3) the mortgagor may redeem his land at any linle during the cur-
rency of the mortgage on payment of the mortgage-debt. or in
the case of a mortgage under sub-section (I) of seclion 5 of such
proportion of the mortgage-debt as the civil Court may deter-
mine;
(4) any covenant of personal liability to repay Ihe mortgagedebt in a
usufructuary morlgage shall be null and void. notwithstanding
Ihe provisions of any law to the contrary; and
(5) if a mortgagor proves 10 the satisfaction of the Court that he has
paid .the mORtgage-debt or such proportion thereof us the Court
has determined. or deposits with Ihe Court the amount of such
mortgagedebt or of such proportion thereof as the Court has
determined. the redemption or the land shall be deemed to have
taken place. a certificate to thai effecl shall be given by the
Court to the mortgagor on req.uest. and th~ Court shall have
power to ejcci the mortgagee or any person whom he may have
put in possession and as against them to place the mongagor in
possession.

Condition. In 7. (I) In a mortgage made under section 5. the following conditions

permitted
tnO!'tgagCll. may be added by agreement between the parties : -
(0) a condition fixing the time of the agricultural year at which
a mortgagor redeeming '. his land may resume possession
"thereof; .
 Land AIi~nat;on. 33
(b) conditions 1imiting the right 01: a mortgagor or mortJ:8gee in
possellSion to cut. sell or mortgage trees or to do any act
affect1ng the permanent value of the land; and
(e) any condition which the President of the Union may prescribo'
either generally or (or particular areas.
(Z) In mortgages made under section 5. any condition not permitted by
or under tbis Act sbaJJ be null and void.

8. If an agriculturist makes a mortgage of his land.in allY manner or- Power 10

form not permitted by or under this Act. the Collector shall have authority 10 revile r:rti..
direct the parties to revise or alter the terms at" the mort~age in accordance f~ ~ e
with the requirements of the Act. In default of agreement between the permitted.
pvtiet. the Collector shall have authority to revise or aJter the terms of tbe
mortgage so as to bring it into accord with such form of mortgage as is
permitted by or under this Act and as the mortgagee appears to him to be
equitably entitled to claim.

t. Any agriculturist may grant a lease of his land for any term not LimIl to
exceeding 10 years. and any lease made by an agricullurist for a lonler term Jleriod 0(
I~e by an
than 10 years shall be deemed to be a lease for a period of 10 years. qrlcultlll'bt.
Power of
10. If a mortgagee or lessee. holding possession under a mortgage made Collector to
under section 5 or under a lease made under section 9. remains in possession eject mort-
atter the expiry of the term for which he is entitled to bold under his Plecl.
lenec. Of
mortgage or lease. the Collector may. of his own motion or on the application fill1llen.
of the person entitled to possession. eject sucb mortgagee or lessee and place
in possession the person so entitled.

P.OVISIONS RELATING TO MINIMUM Altl!As.

11. The President of the Union may divide agricultural land into Pftacrlr."~
suitable classes and Jocalities and prescribe in reSpecl of each class of land in of min m_
each locality the minimum area which he considers n~c~ssary for the Hut.
maintenance in reasonable comfort of a family of reasonable size working the-
land as proprietors.

12. Where an aaricu!turist owns solely or jointly wilh others land DOl Proteetloa
exceeding such minimum ara as may have b~en prescribed under sectioD 11. ~pJnltatlac:bmqt
the wbole of such land shall Ix: exempt from altachment by any civil Court or of mialmum
Revenue Officer unless that attachment is on acCOunt of a sum due to U~
Government and recoverable as an arrear ofl'landrevenue. or to a cooperative
\ociely of wbich he is a member.

13. Where an agriculturist owns solely or jointly with others land Protection
exceeding s~ minimum area as may have been prescribed under section II. acainil
attachment
the prescribed minimum area shall be uempted from au!chment by order of of bnd wll.
a civil Court or Revenue Officer unless the attachment is on account of a sum in minimum
HC".

3
 34 Land Alimallofl.

due to GOvermnent and recoverable as an arrear or land-reveoue, or to a

or
eo-operativc society which he is a member.

GENUAl. PROVISIONS.

Alienation. 14. No agreemeIlt whereby an larieulturist purports to alienate or

:;~:::: charge the produce of his land. or any part o[ or share in such produce. for
bJld held by more than one year sball talcc effect [or more than one year from the date ot
Ipiculturisb h
limited to .1 c agreement.
me year.

Eelltto. 15. No land b"e1ongini to an aariculturist shall be sold to a non-

:~~i~~o agriculturist in cJlccution or any decree or order or any civil Court or Revenue
.crkulharilb Officer.
lorbiddcl:a.

Certain reo l'~ Notwithstanding anything contained in any other enactment tor the-
.Inction. to
lUlu or time being in force. no land belonging to .n agriculturist shall be decreed or
_I,ac ta ordered by any civil Court or Revenue Officer to be leased for a period
madeia
ezecllllOll 01 exceeding 10 years or mon,aged except in one of the forms permitted by
dttree or section 5
Of4et 0( eiYIl
Co.. '"
Reven"e
Otfi=.

..
Juritdlctioll

""'
Of d\il
,ocbldcka.
17. A civil Coun shall not bave jurisdiction in any maUer which the
President of the Union or a Revenue Officer is expre"ly empowered. by tbis
Act to dispose of

CMICourtto II. (I) Notwitbstanding anything contained in the Code ot Civil

'end C:O(lY 01
ctrtah~ .d.c
Procedure or any other Act for the time being in force. every civil Court
= .. '"
orden 10
which passes a decree or order involving a permanent alienation or a mortgage
Collector. or a lease of his land by an agriculturist to a nonagricuiturist shall send to
the Collector a copy of such decree or order.
Adloa to be (2) (a) When it appears to the Collector that any civil Court has passed
lake" by
Collector a decree or order contrary to any of the provisions of this Act. the Collector
when deace may apply for the revision of sucb decree or order to the Court to which an
......
or order II
wntr.af)' 10
lbe Act.
appeal would ordinarily lie. or. in any other case to the High Court.
(b) Such application shall be made within three months of the date upon
whieh the Collector is informed of such decree or order.
(c) If the Court finds that such decree or order is contrary to any of the
t
provisions of this Act. it shall alter it so as to make it consistent with this Act.
(3) When any appellale Court other than the High Court passes an ordel
rejecting luch application. the Collector roay. within three months after the date
upon which he is informed of such order. apply to the High Court for revision
thereof. .
(4) Enry civil Court which passes' an order on any application made
under this ~on shall within seven days scnd a copy thereof to the Colttor.
 35

(5) No Court-fcc shall be leviable on such applications and the provisions

of the Code of Civil Pl"ocedure as regards appeals sball apply. so rar as may
be, to the procedure of the Court on receipt of such application:
Provided that no appearance by or on behalf of the Collector shall be
neeenary for the disposal of the application.
19. The powen conferred by this Act upon a Collector may be exercised EzerciK Of
by a Revenue Officer. not below the mnk of Subdivisiona) Officer. authorized p;lwenof
Colltctor.
by the President of the Union in this behalf.
%0. The President of the Union ruay. by no1iticatioh\ in the Gazette. l'o.....er of
PTt.idt'1l1lo
exempt any district or part of a dislJ'icl or any person or class of persons ucl"""e)ogJ
from the operation of Ibis Act or of any of tbe provisions Ihereof. -~~ perlona.

21. (I) The President of the Union may. by notification i.n the Gazette. Rqlutt'llioa.
require or permit tbe registration of agriculturists in any area specified in the l'll a,,:rlcllltll_
rill .
notification.
(2) The fact that a person is so registered shall be conclusive proof that
he was aD agriculturist at the date of the registration.

%1. (I) The President of the Union may make rules for carrying into Rille miikiq"
cJ[ect the purposes of this Act. po"cr.
(2) In particular, and without prejudice to the gCDerality of the fore-
goin, power, the President of the Union may make ruleS-
(a) prescribing the officers to whom applications may be made and
the manner in which luch applications shall be made and
disposed of ;
(b) prescribing the matters in which. and the officers by whom, powers
of appeal or re"ision in respe'ct of orders puscd under this Act
may be nercised. the procedure aDd the periods of limitation
for such appeals and re"isions :
(c) prescribing the cr(dit institutions controlled or orJanizcd by
Government:
(d) prescribing the form of monlage for tbe purpose of the pro"iso
to sub-section (2) of section 2 ;
(e) prC1Cribing additional forms in wbich mortgages may be made
under kCtion 5;
(j) prescribing additional conditions whicb may be added by .gcement
in permitted mortgages under settion 7 ;
(g) prescribing the minimum areas under section 11 ;
(h) prescribing the procedure for the reaistration of .griculturists
under section 21 and tbe ma!1ncr in wbich such regisuation
sh,1I be effected.
13. All rules under this' Act shaH be made after previous publication P.obIk"U.
aad be publisbcd in the Gal.:ue. of rakl.
 36
THE BURMA LAND PURCHASE ACT.

[BURMA Acr XIV. 1941.] (lOth May. 1'941.)

CHAPTER I.

PRELlMINARY.

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

context.-
(1) to agriculturist;' means a person-
(a) who is engaged or has habitually been engaged in the cultivation
of land with his Own hands as his principal means of
subsistence; or
(b) who satisfies both the following conditions. namely : -
(i) that he superintends personally and throughout the working
periods of the year the actual cultivation of land; and
(ij) that be derives the major part of his income either from such
superintendence or from the cultivation of land with his
own hands or jointly from such superintendence and sucb
cultivation;
(2) .. Collector" means the Collector of the district in which land to be
purchased is situate and includes any officer specially appointed
by the President of the Union to perform the functions of a
Collector under this Act;
(3) .. compensation" includes the price of land that is purchased under
this Act;
(4) .. land" means land which-
(a) is not owned by an agriculturist: and
(b) is not occupied as the site of any buiJding in a town or village;
and
(c) is occupied or is let for agricultural purposes or for purposes
subServient to agriculture;
and includes-
(i) sites of buildings and olher structures on agricultural land;
(ii) rights to rents or profits of any agricultural land;
(iii) rights of a mortgagor, mortgagee, lessor. lessee. grantor or
grantee;
(iv) any right to wattr enjoyed by the owner or occupier of land as
such; and
(v) any right 'Of' occupation under any law in force;
(5) .. Land Commissioner" means any of6cer not below the rank of' a
substantive Deputy Commissioner whom the fresident of the
UnIon may appoint to rio anything required by this Act to' be
done by such officer;
 37

(6) the expreuion .. perSOn interested" includes aU perlOn' etaimiq

an intemt in the land or in the compensation to be paid on
account of tb. purchase of the land under this Act; and a
person shan be deemed to be interested if he is interested in any
of the rights mentioned in sub-section (4);
.. prescribed" means prescribed by Ihis Act or by rules made
thereunder.

CHAPTER II.
PUllCHASE.

Preliminary Investigation.
2. (1) Whenever the President at the Union considers it nece.sary for PublkatiOll.
l,lf preli~i6

==
the Government 10 purchase land in any locality for the public purpose of
allotment in sman holdings to agriculturists. a notification to that effect shaD :;i~ ~nd
be publisb(;d in the Gazette and in such newspapers as may of
be prescribed. and the Collector shall cause public notice 0(. the substance of tbefeuJ'on.
such notification to be given at prominent public places in the said locality.
The notification sball contain such particulars as are sufficient to identify the
land. its situation. boundaries. approximate area and tbe names of its owners
or occupiers.
(2) Thereupon it shall be lawfuJ for the Land Commiuioner. or an
officer authorized by him and his servants and workmen.-
to enter upon and survey any land in such locality:
to set out the boundaries of the land proposed to be purchased;
10 mark such boundaries by placing marks and cutting trenches and.
where otherwise the survey cannot be completed and the boundaries
and line marked. to cut down and clear away any part of any
standing crop. tree. fence or jungle; and
10 do aU other acts necessary to ascertain the eXlent. nature and
circumstances of the land required :
Provided that no perSon shall enter into any building or upon any
enclosed court or garden attached to a dwelling house (unless with tbe consent
of the occupier thereof) without previously giving such occupier at lellt seven
days' Gotice in writing of his intention to do so :
Provided funher that at the time of such entry the officer shall payor Payment 'Of"
tender payment for all damage to be done aa aforesaid. and in case of dispute damaCe.
v: to the sufficiency of tl.e amount so paid or tendered he .hall refer the
dispute for decision to the Collector and the Collect~r's decision .ball be final.

Objt;oru.
3. (I) Any person wterested i~ any land which bas been notified under Heari., of
lub-section (I) of section 2 may. within sixty days after the. issue of tbe objcdi<*.
notifLcation. object to the purchase of the land or of any portion thereof.
 38 lAnd Purchas~.

(2) Every objection under sub-s.xtion (I) shall be made in writing to tl!.e
CoUector and the Collector shall forward it to the Land Commissioner witb
his comments.
(3) The Land Commissioner shaU-
(0) give the objector an opportunity of being heard either in person or
by an agent; aod
(b) after bearing such objections and making such further enquiry. if
any. as he thinks necessary. submit the case for the decision of
t'he President of the Union together with the records of the
proceedingr held by him and a report containing his recom-
mendations on the objections; and
(c) communicate his recommendations to the objector in writing.
(4) The decision of the President of the Union on the objections shall
be final.

DlarQriono
DecJaration . (I) When the President of the Union is satisfied, after considering the
that l4n'd is report made under subsection (3) of section 3. that any particular land is
reqlliad f(lI"
allotlllenL needed for allotment under this Act. 0 dedaration shall be made to that effect
under the signature of a Secretary to Government or of $Orne oOicer duly
authorized by him.
(2) The declaration shan be published in the Gazette. and shall state
the district or other territorial division in which the land is situate. its
approximate area and such other particulars as may be prescribed. and. where
a pt:an has been made of the land. the place where the plan may be inspected.
(3) The said declaration shall be conc:lushoe evidence that the land is
needed for the purposes of this Act.

p=..... 5. When any land has been declared to be needed under the foregoing
alter section. the Land Commissioner shall proceed to purchase and take possession
dH:laraUon.
of the same in the manner hereinafter appearing.

Enquiry into Va'u~ and Claims and Award by the Lond Commissioner.

Nolice t" ,. (I) The Land Commissioner shall cause public notice 10 be given at
prrsOIlSt prominent places on or near the land to be purchased. stating that Govern-
lntttftied. ment intends to purchase the land.
Such notice shall state the,.particulars of the tand nnd shall require aU
persons interested to appear personally or by an agent before the CoJlector ,or
the Land Commissioner.at a time and place and on a date therein mentioned
(such date not being earlier than thirty days after the date of publication
of the notice). and to state in writing the nature of their respective interests
in the land and t!;le amount and particulars of their daims It.. compensation
for such interests and Iheir objections (it any) to the measurements and Other
particulars Qf the land.
 lAnd Purchau. 39
(Z) The Land Commissioner shan also cause notice to tbe same ell'ect to
be served on the oecupier (if. any) of such land and on all such person. known
or believed to be interested therein or to be entitled to act for perSOns sa-
interested ~ as reside. or have agents authorized to receive service on their
behalf. wiihin the district in whtch the land is siluate.
(3) In case any person so interested resides elsewhere and has no .ucb
agent. the notice shall be sent to him by registered post addrClsed to him al
his last known residence. address or place of busines.
(4) On expiry of the date mentioned in sub-section' (I) the Collector
sball forward to the Land Commissioner sucb claims as have been filed with
him pursuant to the notice under Ihe said sub-section.

7. (I) Tho Land Commissioner may require any such person to make Power to
require and
or deliver to him. at a time and place mentioned (such lime not beinl earlier ftIfOf"ce the
than thirty days after the date of the requisition), a statement containin,. so nultin. of
far as may be practicable, the name of every other person possessing any .t1temerl.
aalOUIDlE1
interest in the land or any part thereof as co-proprietor. sub-proprietor, aM interell.
mortgagee, tenant or otherwise. and of the nature of such interest. and of tbe
rents and profits (if any) received or receivable on account tbereof lor three
years next preceding tbe date of the statement.
(2) Every person required to make or deliver a Statement under this
section shall be deemed to be legally bound to do so witbin the meanin. of
sections 175 and 176 of the Penal Code

. On a date to be fixed. of whieh notice sban be .iven to person' ncallir, u4

interested. or on any otber day to whic:h the enquiry may be' adjourned, tbe award,
Land Commi"ioner shan proceed to enquire into the rupeetiYe claims of the
persons interested and into tbe objections (if any) res-rdin, the measurement.
and other particulars of tbe land aad into tbe amounl o( compensation to be
awarded. He shall then make an award under bis band of-
(0) the true area of the land.
(b) the compensation which in his opinion should be paid (or the land.
and
(c) the apportionment of tbe said compensation amona the persons
interested.

,. (I) In determinil1J the amount of compcftSltioa to be awarded for Ddennlaa

d of COIn
land purchased under thi. Act. the Land CommissioDer .ban take mIG tp"'uHoa.
conaideratioo-
(12) tbe market value o( tbe laDd at tbe date of tbe publication of the
noti6calion under .ub.scctioa (I) of. seetiOD 2.
(b) the damage sustained ~y tbe perSOD interested by reaseD of the
laking of any standing crop or uec whicb may be OD ebe land ae
the time of tbe Land Com..m.issiooer', takina potIeuioD ebereat.
 40 Land Purchase,

(e) the damage (it any) sustained by the person interested at the time'
of the Land Commissioner's taking possess10n of the land by
reason of severing such land from his other land. and
(d) if in consequence of the Land Commissioner's taking possession of
the land the person interested is compelled to move any building
from the land, the reasonabl~ expenses incidental to such
removal.
(2) In determining the market value the Land Commissioner shan take
into consideration the following factors, namely-
(i) fertility;
(ii) situation;
(iii) tenure;
(iv) the annual nett income derived from the land; and
(v) such other factors as may be prescribed;
but he shall not take into consideration-
(Q) any sale of land in which he believes. for reasons to be
recorded by him in writing. the price was fixed with the
intention of providing evidence to support a claim for
compensation under this Act. and
(b) any improvement on the land which was commenced. made or
effected without the sanction of the Collector after the issue
of the notification under sub-section (I) of section 2.
A"ard of 10. (I) Such award shall. except as hereinafter provided. be final and
Land Com conclusi'ie evidence. as between the Land Commissioner and the persons
missioner to
be liDal. interested. of the true area and value of the land and the apportionment of
tbe compensation among the personS interested.
(Z) The Land COmmissioner shall give immediate notice of his award to
such of the persons interested as are aff,cted by the award and are not
present personally or by their agents when the award is made.

Power to 11, For the purpose of enquiries under this Act. the Land Commissioner
IIlmmon and shall have power to summon and enforce the attendance of witnesses and
en'orte
attendance of persons interested. to receive and record evidence and to compel the
wllDeuea u4 production of documents by the same means. and (so far as may be) in the
proc!ucUon 01
documc:nta. same manner. as is provided in the case of a civil Court under the Code of
Civil Procedure.

Payment. Deposit Qnd ~pportionment ot Compensation,

-......
Payment or
deposit of

ti)D.
n. (I) On making an award under section 8. the Land Commissionel
shall tender payment of the money awarded by him as compensation to the
persons who according to the award are entitled thereto.
(2) Any person to whom payment of money has been t~lldered under
subsection (I) may~
(j) receive the money in full satisfaction of all his claims. in which case
h~ shall not be entitled to appeal under Section 16. or
 Land Purchase. 41

(ii) receive she money under protest as to its sufficiency, or

(iii) refuse to re<:eive the money.
(1) If a person refuses under clause (iii) of subsection (Z) to receive the
money, the Land Commissioner shall deposit it in tbe Treasury to await the
result of any appeal which may be filed under seclion 16.
(4) Nothing herein contained shall affect the liability of any pc:rson wbo
receives money under this section to pay the whole or any part of it to any
other person lawfully entitled thereto.

13. (I) When there are several persons interested, if .uch perSOD' a&fee
in the apportionment of the compensation. the particulars of such apponion-
ment shall be specified in the award. and as between such perSOnS lbe award
shall be conclusive evidence of the correctness of the apportionment.
(Z) If there be any dispute as to the titie to the land or u to the
apportionment of the compen~alion. the Land Commissioner shall refer the
parties to a civil Court and shall deposit in the Court the amount of tbe
compensation awarded to the persons interested.

Taking Possession.
14. When the Land Commissioner has m~de an award under section 8, 1,..
he may take possession of the land. which shall thereupon vcst absolutely in pmndo=.
the Government free from all encumbrances:
Provided that he shall not take possession of the land until the period
of time allowed for an appeal under section 16 has expired or. if an appeal
has been filed, until such appeal has been decided:
Provided also that he shall not take possession of the land without the
sanction of the President of the Union and without giving the person interested
such notice as may be reasonably sufficient to enable him to remove aDy
building, structure or standing crop without undue inconvenience.

CHAPTER III.

ApPt:AL AND PENALTIES.

15. Except as provided in 8ubsection (2) of section J 3 and in scelion 16, Bar 10 ,.....
cHc::tIoa 01
no civil Court shall have jurisdiction in an)' matter the determination 01 wbich dvll CoartL
is expressly entrusted to an officer by or under this Act.
U. (1) The Government. or any person interested who i. diuatisfied
with an award made by a Land Commissioner under Ihi. Act. may appeal to
tb~ High Court: provided thal there shall be no rigbt of appeal in regard to
the questions mentioned in subsection (Z) of section 13.
(2) Such an appeal shall be filed in the Hiah Court witbin forty6ve
dllfS from tbe d!ite of the award appe~led ai3inst. or, if the perSOn interested
il lerved with a notice under subsection (Z) of section 10. tben withiD
fortyfive days of the service of such notice. Save as afore~id.t~ proviliona
01 tbe Limitation Act shall apply mutatis mutandis to luch an appeal.
 42 Land PIITChosc.

(3) Such an appeal shall be heard and determined by a Bench of at

least tbree Judges of the High Court. in accordance whh the provisions of.
Order XLI of the Code of Civil Procedure. as if it were an appeal from a
decree passed by a District Court
(4) The decision of the Higb Court sban be final.

PenaJlits. 17. Whoever wilfully obstructs any person in doing any of the aCtS
authorized by section 2. or wHrully fills up, destroys. damages or displaces any
trench or roark made under subsection (2) of. section 2. shall be liable to
imprisonment for any term not exceeding one month. or to fine not exceeding
fifty rupees. or to both.

--
P~t)' for
obttr'lll;tinJ:

of laQd.
II. Whoever wilfully opposes the Land Commissioner in taking poSSes
sion of land which bas been purchased under this Act or refuses to surrender
the same to bim shall be liable to imprisonment for a term not exceeding six
months. or to fine not cltceeding five hundred rupees. or to both.

CHAPTER IV.

MISCELLANEOUS.

WlthdraWilI 19. (I) The Government shall be at liberty to withdraw from the
from pur-
ch:ut:. purchase of any land of which possession has not been taken.
(2) When the Government has decided to withdraw from the purchase
of the whole or part of the land notified under subsection (1) of Section 2.
tbe Land Commissioner shall communicate the fact in writing to aU persons
interested and a notification shall be issued cancelling or modifying the
notification issued under sub-section (I) of seCtion 2.
(3) Whenever the Government withdraws from any such purchase. the
Land Commissioner shall determine the amount of compensation due for any
damage suffered by any person intereSted in consequence of the action taken
for its purchase. including aU costs reasonably incurred by him in the
prosecution of the proceedings under this Act relating to the said land. and
shall pay such amount to the perSOn so interested.
(4) The provisions of section 9 shall apply. so far as may be. to the
determination of the compensation payable under tbis section.
(5) If any person interested has received a sum of money under clause
(m of sub-section (2) of. section 12 in respect or the sanle land. he shall. wi1h.in
30 days of the receipt by him of the communication referred to in sub-section
(2), refund the said sum of money to Government. failini which it shall be
recoverable from. bim as an arrear of land-revenue.

P01I't:r 10 10. q) The President of the Union shall have power to make rules for
GlOllt: ruin. carrying into effc<:t tbe purposes of this Act.
 Land Purchue.
(2) in particular. and without prejudice to tbo lenerality of tbe foreJOiq:
power. the Presidht of the Union may make rules-
(el) prescribing the method of selec:tin. land for noti6c:ation UDder
section 2;
(b) prescribing the method of onquiry into the value. tenure. aDd
measurements ot land and riabtl therein ;
(c) prescribing the manner in which claims of persons intClCltcd shaD
be presented and tbc proctdure accordiq loowhich .uch claim.
shall be investigated ;
(d) prescribing the factors to be taken i~to consideration undcrclaUIC
(v) of sub-section (2) of section 9 ;
(e) prescribing tbe procedure for the payment aad apportionment of
compensation;
(J) prescribioa the method of takina possession of land;
(g) prescribing the manner in whicb the Land C.omminioner .IPU
record evidence in enquiries under secaion 8. and the form of
his award; and
(h) prescribing ahe method of. and abe terms aDd condilioDS for.
distribution of land.
11. All rules shall be made after previous publication and sball. wben ~ I.
made. be laid before both Chambers of the Union Parliament at Iellt tcn days autill,raJa.
before the end of a session. It both Chambers of the Union ParUament
agree in the same or the following session in makinl any modification in any
rule. or agree that the rule should not be made. Ihe rule shallibereafter bave
effect ooly in such modified form or shall be rescinded. as tbe case may be.

THE TENANCY ACT, 1946.

CONTENTS.

CHAPTER I.
PRELIMINARY.
Sections.
I. Tille and extent of operation.
2. Exemptions from operation of Act.
3. Definitions.

CHAPTER 11.
DETElWlNAnON OP Rem'.
4. Standard rent alone payable for tenancy.
5. Dctqmination of standard rent.
6. Facts to be considered before iuuinl notitication uDder IOCtioo 5-
7. Application for determination of standard renl.
8. Determination of standard rent.
 Tenancy.

StiolU.
9. Liberty of applicant to withdraw.
10. Duration of order determining standard rent.
II. Modification of rent due to improvement or deterioration in tenancy.
12. Modification of standard rent wben e8'ect of improvement or
deterioration in tenancy has ceased.
13. Powers and duties of Rent Settlement Officers.
14. Power of'President to pus ,cneral order as respectS standard rents.

CHAPTER III.
CH.UGBS 01' LANDLORDS. LABOURERS AND OWNERS OF CAntE.

15. Charges on produce.

16. Extent and duration of charge.
11. Division when produce is insufficient to satisfy Iirst charge.
18. Division when produce sufticient to satiSfy first charge but not the
second.
19. Attachment of produce when charge-holder fears his charge will be
defeated.
20. Procedure on application for attachment.
21. Remuneration of person appointed to take care of attached produce.
22. Standing crops may be gathered despite attachment.
23. Procedure if headman refuses to issue warrant.
24. Mode of execution of warrant of attachment
25. Duration of attachment.
26. Saving of wunSQ and seed grain from attachment.
27. Sale of attached produce by agreement and transfer of attachment
thereto.
28. Removal of attachment on application.
29. Tenancy to include thrashing Roar for purposes of this Chapter.

CHAPTER IV.
IMPROVEMENT.
30. Right ot landlord to make improvements to land.
31. Compensation for improvement by a tenant.
32. Revenue Officer to decide disputes as to compensation.
33. Matters to be taken into consideration. in estimating compensation.
34. Limitation for claims foc compensation.

CHAPTER V.
RES'RlCIlONS ON THE DISPOSAL OF TENANCIES.
35. Right of tell'ant who bas trcated his landlord fairly to renl!wal of tenancr.
36. Tcrminatinn of tenancy by landtord.
37. Application to Revenue Officer by tenant under nOlice of lermination
of tenancy.
 Tenancy.
Sections.
38. Procedure on application under section 37.
39. Renewal of application by tenant where landlord', purpose hal Dot
been effected.
40. Tenant failing to execute lease before tenancy year sball be doemed
to have vacated tenancy.
41 Application for renewal of lease by tenant under proviso to lef;tioa 40.
42. Effect ol order under this Chapter.
43. Termination of lease where tenant abandons the tenancy.
44. Abandonment of tenancy by unauthori:led uansfer.
45. Enforcement of orders by Revenue Officell.
46. Meaning of ., unfair treatment under this Chapter.

CHAPTER VI.

RIGHTS Of EJECTED TENANTS.

47. Right of ejected tenant in respect of crops and land prepared lor
sowing.
48. Determination of amount of compensation and recovery thereof.

CHAPTER VII.

SUB- TENANTS.

49. Application of Act to sub-tenants.

CHAPTER VIII.
ApPEAL. REVISION AND REfEIlENCE.

SO. No appeal except as provided in this Act.

51. Appeal to Deputy Commissioner from orders of Revenue Of&er
52 Procedure at hearing of appeal.
53. Power of Financial Commissioner to reverse orders.
54. Reference by Financial Commissioner to High Court.

CHAPTER IX.
OFFENCES.

55. Penally for fraudulently or dishonestly causinl attachment of

produce.
56
57. Penalty lor improper termination of tenancy by landlord.
58. COuR may direct fine to be paid to aggrieved Plrty as campenutioD.
59. Offences under sections 5" and 57 compoundable.
60. Cogoizuce of offences.
 46 Tenancy.

CHAPTER X.
MISCELLANEOUS.
Sections.
61. Service of notices. etc.
62. Restriction on interest.
62A. Restriction on right of purchaser of cultivator's interest in standiog
crops for loan or debt.
63. Costs. ..
64. Recovery of sums a1",arded under this Act as arrears of land-revenue.
65. Representation of party.
66. Bar to jurisdiction of civil Courts.
67. Power to require statements 00 oath.
68. Exclusion of operation of section 91. Evidence Act, in certain matters.
69, Condition in lease that sale of produce shall be to landlord void.
70. Contracting out of Act prohibited.
71. Power to make rules.
72.

THE TENANCY ACT. U46.

[BURMA ACT XXI. 1946.] (2nd July, 1946.)

Whereas it is expedient to provide for the regulation in certain respects
of agricultural tenancies ;

It is hereby enacted as follows .-

CHAPTER I.

PRELIMINARY.

TiIIl! and 1. (I) This Act may be called the Tenancy Act. 1946.
~ltmt of (2) The provisions of sections 1 and 72 shall be applicable to the whole
opentbu.
of the Union of Burma. and the remaining provisions or this Act shall extend
to such areas as the President of the Union may. from time to time. by
notilicatiOl\. appoint. I

Elll!mptioni 1. Nothing in this Act shall apply

, to-
from Of'l!ra-
1100 Of Act. (6) any person who cultivates land or lands exceeding in the whole
fifty acres in area : or
I'lIbli!hl!d In Bllrma GnU/Ie, 1946. Put I. page 390.
t The pro~lsiop. of &ccliops 1 and 72 C:&lr.e into force In the wholll of BUfm:& on 2n.I J<lI)'
1946... (,
The remaining pfovitioru or this Act came intotfnrCl! on 8th ~1:Irc:, 19H in lh: follow in/:(
areas: ((I' whole Of the P"gu. Irrmvad:ly ...nd Arakan Divis hilS, (hI Amh:rllt, Th:lt6n. 1'<\\'oy and
Mugl1i Districts illl the Te"..ss:rim Division. re) Pylum'''a SlIbjivilion in thc Va nclhin District.
Ma,)dalay Divi&iOll-dde O"rma Ga:d/e, 1947, Part I. raiC 11.02.
 Tenanc}'. 47
(b) any person who holds land directly under the Government: or
ec) any credit 'institution created, controlled or guaranteed by Govern
ment, the principal business of which is the granting of loans to
agriculturists :
Provided that the President ot the Union may. by notification, declare
that in any locality, to be specified in the notification. or in
respect of land on which any crop. to be so speCified, is grown.
some other specified figure shall be substitutc4 for the figure
fifty in clause (a).

3. In tbis Act. unless there is anything repugnant in the subject or Dcfillitlons.

context,-
(I) .. agriculturist" means a person-
(a) who is engaged in tbe cultivation of land with his own handa as
his principal means of subsistence: or
(b) who satisfies the following conditions. namely-
0) that he superintends personally and throughout the working
periods of the year the actual cultivation of land. and
(ii) that he derives the major part ot his income either from such
superintendence or from the cultivation of land with his
own hands or jointly from such superintendence and such
cultivation;
(2) .. charge" means a charge created by section 15;
(3) .. improvement" means a work. made after the coming into force
of this Act and suitable to the tenancy. by which the productivity
of the land is increased. and includes-
(a) the construction of works for drainage and for protection against
fl.o{'lds :
(b) the construction of works for tbe storage and supply of water for
agricultural purposes;
(c) the reclaiming. enclosing. levelling and terracing of land for
agricultural purposes;
(d) the renewal or reconstruction of any of the foregoing works. Or
such alterations therein or additions thereto as are not of the
nature of mere repairs;
but does not include manuring or such clearances. embankments.
levellings! enclosures or water-ehannels as are made by tenanlS
in the ordinary course of cultiwation and without any special
expenditure. or any other benefit accruing to the land from tbe
ordinary operations of husbandry;
(4) .. labourer" means a person employed for wagts in the cultivation
of land;
(5) .. land-' means land whic~ is occupied or has been leased for
agricultural purposes or for purposes subservient to agriculture.
and includes the sites of buildings and other structur~s on such
48 Tenancy.

land. but does not include land which is within a town ur villago
and is occupied as the site of any building;
(6) "landlord" means any person under whom a tenant holds land
and to whom or on account of whom such tenant is liable to pay
rent in respect of the S3id land. and who is not himself liable to
pay rent to or on account of any person in respect of the said
land;
(7) .. lease .. inc:1udes a counterpart. an undertaking to cultivate Of
occupy. and an agreement to lease :
(8) .. normal gross outtum" of a tenancy means the gross produce to
be expected from the tenancy when cultivated with due dilisence
under normal conditions;
(9) .. prescribed" means prescribed by rules made under this Act;
(10) rent" means any fixed payment in money. kind or service
II

payable by a tenant on account of the use or occupation o~ the

land held by him to or on account of the landlord;
(l t) .. Rent Settlement Officer" means any person. not lower in rank
than a Deputy Commissioner. whom the President of the Union
may appoint for any specified district or districts to exercise and
perform the powers. duties and functions of a Rent Settlement
Officer under this Act;
(2) .. Rovenue Officer" means any person whom the President of the
Union may appoint to exercise and perform. within such local
limits as are specified in the order of appointment. the powers.
duties and functions of a Revenue Officer under this Act:
Provided that. except in the case of a My06k I in charge of a Subdivi
sion and except for special reaSons to be recorded in writing. no
pe($()n who is lower in rank than an Extra Assistant Commis
sioner:1 or a Superintendent of Land Records sbaH be appointed
a Revenue Officer:
(13) .. sub-tenancy" means the holding of a subtenant under a single
sublease ;
(14) .. 'subtenant" means a person who holds land under a tenant and
is liable to pay rent tor the said land to the said tenant. but does
Dot include an agent or labourer employed by a tenant;
(15) .. tenancy" means the holding of a tenant under a single lease :
(16) .. tenancy year" means the twelve months beginning with the
Burmese New Year day. or from such other date as the President
or the Union may. by notification. appoint for Iea$Cs of any
particular kind of land;
(I7) .. tenant" means a person who holds land under a landlord and i.
liable to pay rent for Ih~ "said land to or on account or tbe said
landlord. but docs not include a subtenant. or a mortgagee. or
an aGent or labourer employed by a landlord:
-~'~N=o-w-.-o""offi~ih;-Blinnae ll'lI Service 'Uunlor Branch).
Now an10Biccr of the BUl'Ina Civil ~cn Ice (Senior Branch)
 TelllUlCy. 49
(18) waaes .. meAns tbe amount in money or kind which an employer
is leaally bound to pay to a labourer for wort done in the
cultivation of land;
(19) .. fraudulently" or .. di.honestly "shall havetbe same meaaia. a. in
the Penal Code.

CHAPTER II.
DElUMINATlON 0' ReNT

4. The tenant of a tenancy for which the standard rcat has bun fixed SIUdai'd rent

of the tenancy. . tmaIle,.

.-
sball not be liable to pay a rcnt in excess of .uch 'Standard rent on aCCOunt r-p.ble for

5. (I) Thc President of the Union sball. by notification. fix upper and Deknn!,""
lion of
lower limits. expressed by way of percenta,es of the normal &tau OUUUfD ,tad.rd
within which the standard rent of a tenancy shaU be fixed. and che stlDdard
reat ahall be determined wichin such limits by a Revenue Oflk:er. actin, under
.....
the provisions of section 8. ia bis discretion buc subject alway. to aDJ
directions wbic:h may be issued in Ihis behalf by the President of the Union.
(2) The perceotagcs fixed under sub-section (I) ma)' vary for different
localities or for diftereot crop'. or for different classes of land.

6. [n fixing the percentages of the normal aross outturn under IeCtiOD 5. =~i;:
the following factors shall be taten into consideration. namely :- before
(a) the average cost of cultivation (including the realOnable remunera- :~~tk.
cion of .uch neceuary labour in cultivation as iI performed by undet"
the tenant or any member of his family livinl with bim) of tbo Mdktn 5.
crop or crops usually &town on land in tbe area in whicb ud
of the kind to which the notification will be applicable:
(b) the cost of c:ollec:tin, the rent aceordiftl to local uII,e or custom ill
respect of such land aDd in luch area;
(e) tbe rentl wbicb bave been previously paid for lucb laod aDd withill
luch area;
(d) the inciden.c:e of Iud revenue on such land and witbin lucb area ;
and
(e) the c:enaioty or uncertainty of crops 00 lucb Iud and within such
area:
Provided that tbe Presidcnt o( the Unioo aball not be bouod to bold.
or to direct tbe bolding of. aoy enquiry for the purpoec of
determininl 1ft)' of tbe above Ikcton.
7. (I) A landlord or a ccoanC ma)'. 00 or befdrc lucb date u m.ay be A~
prescribed. appl)' to the Revenue Oftlc:er within whose juritdicoon the t.oaaq =er~
is situaCed for rJle determination of tbe standard rent of tbe tenaDc)'.
(2) The application shall be.in such form and 'ball coDtaiD ncb =~
particulars as ma), be prC&Ctibcd.
Uoa 01
..
4
 50 Tenancy.

Det".mina- . (I) On receipt of any such application the Revenue Officer shall fix a
lion of date for the bearing of the application. and shall gh'c due notice thereof' to
"'1'><'
fell ' the applicant and. if the applicant is the tenant. to the landlord. or, if the
applicant is the landlord. to the tenant.
(2) On the date fixed. or aD any subsequent date to which the enquiry
may be adjourned. the Revenue Officer shall. with the assistance of three
'hamadis selected from among the agriculturists of tbe locality in which th:
tenancy is situatcd. proceed to determine the normal gross Dunurn of the
tenancy. "
(3) One thamadl shall be appointed by the Revenue Of6.cer, one by the
landlord. and one by tlie tenant:
Provided that. if either the landlord or the tenant fails to appoint his
IhanUIdi on or before the date fixed for hearing. the appointment shall be
made by the Revenue Officer.
(4) The enquiry for the determination of the normal gross outturn . shall
be held in the village-tract in which the tenancy is situated. The Revenue
Officer shall hear the landlord and tbe tenant (if they appear) and also all
such witnesses as they may respectively produce. He may also mate luch
other enquiries or conduct such experiments as he may deem necessary.
(5) If either the landlord or the tenant fails to attend on the date
fixed for the enquiry. or on any lubsequent date to which it may
be adjourned. after baving been duly served with notice or informed of
the said date. or if both the landlord and the tenant so fail to anend. the
Revenue Officer may proceed to determine the normal gross ouUurn in
their absence.
(6) When the normal groSll outturn of the tenancy has been determined as
aforesaid. the Revenue Officer shall determine the standard rent thereof. in
accordance with the provisions of sub-section (1) of sectiOn 5.
(7) The order of the Revenue Officer determining the standard rent shall
state the place at which payment of the rent shall be made and whether it
shall be paid in money or in produce. and if in produce tbe standard of weisht
or measure to be used in the measurement thereof; and in deciding the
above-m~tioRed matters the Revenue Officer shall conform to the existinl
practice of the Icnancy.

U_of t. At any time before the order determining the standard rent is passed
applicant to the applicant may withdraw his application. whereupon the Revenue OffiCer
wllhdraw.
shall close the case.

, DIIGtiCln of10. An order determiniDI the standard rent of a tenancy shall operate from
order the commencement of the tenancy year next following the date of the filing of
determmin,
.tandud application, and shall be valid for a period of three years.,
reDt..
 TetU1Jlcy. 51

11. (I) NotwithltaDdinc anythin. COntained in ac:ctiOD". tbe rent payable

by a tenaat may....l
(i) aD the application of the landlord. be enhanced by the Revenue
Officer within wbose jurisdiction the tenancy iituated. after
due enquiry in the manDer provided in section 8. on the around
that ao improvement in the tenancy haa been effected by. or at
tbe expense of. the landlord .ince the rent was agreed upon or
was determined as tbe standard rent under tJti. Act ;
(ii) on the application of the tenut. be r~uccd by the Revenue
Officer. after due enquiry in the manner provided in. section 8.
on tbe ground that a deterioration hal takeo place in the
lenancy as the result of an act or omission 00 the part of the
landlord or of .ome penOn on his bebalf. since the rent wa.
agreed upoo or was determined as the standard rent under
this Act;
(iii) on the application of either the tenaot or the landlord. be enhanced
or reduced by the Revenue Officer. after due enquiry in lhe
manner prOVided in section 8. on Ihe ground that the rales of
land-revenue payable in respect of the Icnancy have been varied
or that the normal gross outtuco bas cbailled Jub.tantiaUy
from natural ClWU.

(1) Such enhancement or reductioll sbaD be determined with duo regard

to the increase or decrease of tbe normal &ross OUUUCIl of tho tenaDCy resultiaa
from sucb improvement or deterioration. or wilb regard to the alteration in
the amount of land-revenue payable. as tbe case may be.
(3) The reDt as determined by Ibe Revenue Officer under thia.. lCCtion
.hall constitute tbe standard rent of the lCnancy and .hall be valid fot a
period of three year.
(4) On tbe application of tbe tenant. and witbout an)' alleration of the
standard rent of the tenancy. the rent payable by tbo tenant for tbe
current tenancy year may be reduced by tbe Revenue Officer on tbe
around that tbe landlord bas tor that. year obtained a remil'ioo of
land-revenue.

12. Wbere the 'Iandard rent of a tenancy hu been fixed uDder KCtioa t I.' JiIodific:atl_
the Revenue 01!icer may at any time. on tbe application of the landlord or the 01 ~tud.:::
tenant. modify such nandard rent by reducing or enbaaciq it to sucb extellt :cet-of
a. be may deem just. on the around tbat tbe elect of tbe improvement or baPd~~lnh'
deterioration on tbe productiVity of the tenancy has ceased or diminished. or :011. ta ora-
that the raty of land-re..enue payable in respect or the teRaJ)Cy have bee.
'acain varied. or chat the effect of the natural cause. OD t.bl norDtal &lOU outtUfD
:::::?

laM

of Ibe tenancy blS ceased or diminished. u the ~uc may be. since .uch
staDdard rent ....s fixed.
 52 TeNUlCY.

PO'A"Crt alUl 13. (I) A Rent Settlement Officer may caU for the proceedings of any'
duUA of
""" .
Settlement,
0l0<en.
Revenue Officer in which the standard rent of a Icnancy within his jurisdiction
has been determined UDder the provisions of Ibis Chapter. and any proceedings
in which the order of Ihe Revenue Officer determining the standard rent of such
tenlDCY has been varied on appeal or in revision.
(2) The Rent Settlement Officer may thereupon hold such enquiry u he
tbinks 6t inCo the fairness nf the standard renC u determined in respect of such
Cenaney. and on completion ot such enquiry sball report to the President of the
Union on the flfirness of the standard rent so determined. or, on completion of
all such enquiries, On the, fairness of tbe standard rents leneraUy within his
jurisdiction. 00 receipt of such report. and after such furtber enquiry (jf any)
as he may deem nooessary. tbe President of the Union may pass such order as
he thinks fit. cancetlina or modifyinl the order or orders relating to the standard
rcnts of any tenancy or teoaneiCi or class of tenancies 'within the jurisdiction
of the Rent Settlement Officer.
POllo'er
of Pusideal
1. Notwitbstandinl anytbin, contained in this Chapter. the President of
to pas. the Union may. at any time. for exceptional reasons. pass sucb order as
tenera) he may deem necessary with reference to any .tandard rent determined under
order u
"'p.ts this Chapter.
tt,m;brd
=b.
CHAPTER III.
CHUGES OF LANDLORDS. LABOUaEaS AND OWNEaS Of CA1TL!.
15. (I) The unpaid rent payable for the current tenancy year in respect
of a tenancy and the unpaid wale' of necessary labourers employed by the
teoant in the same year .baD rank equally and .ball be a firSt charxe on the
produce tbereof for that year.
(2) The unpaid advances granted by tbe landJord to tbe tenant to meet the
expenses of cultivation in respect of the current tenancy year. the unpaid
interest thereon and tbe unpaid hire of cattle for tbe same yeat shall rant equally
and .hall be a second charge on the produce thereof for that year :
Provided thai the advances and the interest so charged shall be limited
to such sum per acre and such rate not exceeding one per cent, per montb.
respectively. as may be prescribed aeoerally or for any particular area.
1'. The produce of the tenancy. until it i. removed trom the tenaocy after
thruhina. winftOwinl and the lite operationl customary before removal. sball
continue to be subject to the charlcs specified in section 15 and. until such
charges bave been ..tistied or Ifave lapsed under tbe provisions of thil Chapter.
no other claim 011 the produce shaU be enforced. whether by attachment or rale
in execution of a decree' of a civil Court or otherwise :
Provided that. it an order or orders of aUaehment or saJe is or arc issued
alainst Sllcb produce by a Court or Couns. the surplus of ttie produce. if .'lny.
remainil1& after such charles have bkn satisfied shall be deposited in tbe
Court frota which the order of attachment or sale was issued. or. if more than
 TetulllCy. 53
ene such order were issued by different Courts. in the superior of such Courts
or. in the case where 'he attaching Courts are of the same grade. in the Court
which first attached the produce.

17. When the produce of the tenancy is insufficient to aalisty the fint DM_ion
wb~
charge in full it shall be divisible among the persons encitled to the charge in produce II
proportion to the amounls respectively due to each of them. lJalufficient
to utili,.
fint ~r
lB. When the produce of the tenancy is sufficient to \atisf"y the first Divilion
charge. but is insufficient to satisfy the second cttarge in full. the balance wheD
produce:
remaining after the first charge bas been satisfied shall be payable to the lufficlent to
landlord and to che owner of. hired cattle in proportion to the amounts lall,fy lirbt
respectively due to each of them. :f~but
"'on<!.
1'. (l) If any person. wbo bu a charge on che produce under section 15. Attadml8nt
of produce
tears that the produce of the tenancy may be removed therefrom before hi. ""hell
charge is satisfied. he may apply in writing to the beadman of the vilJale-tract """<,-
boldtl' fcan
in whicb the tenancy is situated to attach the produce or the .tandins hil ehar~
crops of the tenancy. will be
defeated.
(2) In tbe absen~e of the beadman. the application may be made to
a member of the ViUage Committee. or. if no Villase Committee has been
constituted for such village-tract. to a ten-house-gllU", or YWllgllllnR.

21. (I) The persoD to whom the application is made shall forthwith issue Proctdureon
a warrant in the prescribed form attaching the produce or the crops. and shall f:!,~ii:a~h~
appoint some proper person nominated by the applicanc to take care thereof menf.
during the pendency of the attachment Such warrant shall not be executed
it the produce has been already removed from the tenancy.
(2) The person appointed undersub-scction (I) 10 take care of the produce
or the crops shall be deemed to be a public servant within the meaninl
of section 21 of the Penal Code.
21. (I) A person applying for attachment under "section 19,1hal1. at the Rbaunera-
time of makina his application. pay to the beadman or other person to whom dOli of
perlon
che application is made sucb .um as may be prescribed for Ihe benefit of che appolnled 10
perSOn appointed under subsectioo (1) of section 20 to lalte care of the :::ctc:i of
produce or crops durinS the peodeDC)' of the attachment. and such 'um.or prodllU."
such part Chereof as is due to him. ,ball. on the conclusion of the attachment.
be paid Co such person as his remuneration. any balance remaining over bei.II.J
refunded to the applicant.
(2) Any sum so paid shall form part of the COlts in any suit filed by Ihe
applicant against the tonant for tbe recovery of walCs. renC. loan inlerest or
bire due in respect of the aame tenancy year.

%Z. (1) Standing crops whicb ha.ve bocD attached under acelion 20 may. SlaM", '-
notwithstanding the attachment. be reaped by the tenant. and pthered. :.::::'
thrashed. winDowed or stored in such place u il in common wL by bim for dalli!"'__ o"
.1tae_
 T~rumcy.

such purposes. under the supervision of the person appointed under subseetioD
(I) of section 20 to take care of the attached crops.
(2) If the tenant neglects at the proper tilDe to reap. gather. thrash. winnow
or store any crops which have beeD attached under section 20. the applicant
for attachment may reap. gather. thrash. winnow or store such crops. or may
cause such crops to be reaped. gathered. thrashed. winnowed or stored. in such
place as may be convenient under the supervision of the person appointed
vnder sub-section (I) of section 20. Any reasonable expenses incurred by the
applicant under tbii sub-section shall be recoverable by him as an addition to
his charge.

Proctdltte 13. If a perSOn having a charge under sectiOn 15 appears before the Judge
if beadman of! the civil Court of lowest grade haVing jurisdiction in a suit filed by such
...
'f'duses to
~
lIIanant.
person against the tenant for the recovery of the amount of such charge. and
states on oath tbat the headman or other village authority mentioned in
section 19 has refused to issue a warrant of attachment under section 20 on
his written application. the Judge. on being satisfied that such person has a
charge on the produce of the tenancy. shall himself take action under section 20.

Mode 01 24. An attachment under section 20 shall be made by affixing: the

esecutioa of
warrant-
,""urant 01
attacbmGt. (i) when the attachment includes growing crops; on the land on wbich
such crops are being grown ;
00 when such produce has been cut or gathered. On the place where the
produce is.

Duration 01 2.5. (I) A warrant at attachment issued under section 20 or sectiOn 23

attac:bmtnt, shall not remain in force for a period exceeding twenty~ne days from the
date at its execution unless before the end of that period a competent civil
Court orders that it shall continue to be in force.
(2) ]f during the period of twenty-one days mentioned in sub-section
P) a person having a charge under section 15 files a suit in a civil Court
ha,,ing jurisdiction for the recovery of the amount of his charge. such Court
may. either with or without notice to the tenant, direct thaL the attachment
shan remain in force for such period as the Court may deem necessary.
Savin, of 16. Notwithstanding anything contained in this Chapter. the tenant shall
" ..MS4 aDd
.em grain have an absolute right to remove from Ihe tenancy. whether before or after
Irom attach- attacbment. 0) produce for the support of himself and hi.s family not exceeding
_I. such quanlity as may be prescribed, and (ii) seed grain in such quantity as.
aceordinS to rules made in this behalf. is sufficient for the cultivation of thel"
tenancy.

Sale of 27. NothinS in this Chapter sball prevent the tenant. with tile consent of
attached.pro- all the persons having charges under scctioll 15. from selling the produce or"
:i~Dt the tenancy and -depositing the proceeds of the sale in such place or
and na,f. in the custody of such person as they may mutually aSree upon." and
 Tenancy. 55
suc~ proceeds of the sale shall be subject to the same cbarges as those to of atlach~
wbich the produce was subject. If the produce was Ittached under section 20 menttb~NtO.
or section 23 before the sale, such attachment shall be equilly effective
against the proceeds o' the sale.

28. If. at any time durin. the pendency of an attachment under this Removal of
Chapter. the person who applied for the attachment informs the authority altaclunent
which issued the warrant or attachment or, it the attacbmt41t -bas been on aRPIlca
lion.
continued. the Court whicb continued the attachment. by a written petition. tbat
he desires the attachment to be removed. tbe authority" or Court shall forth-
with remOVe the attachment.

29. For the purposes of this Chapter. notwithstanding anything contained 1'eolllcy to
in clause (15) of section 3. the thrashing floor or other place where produce is Include
thruhill,
taken and kept for thrashing, Winnowing, treading out of grain or other Boor for
similar process, shall be deemed to be a part of tenancy. purpote. Of
this l'hapttr..

CHAPTER IV,

htPR.OVSWENT.

30. A landlord may at any time make improvements to his land Ritht of
Iqdlord 10
ootwithstanding that the land is io the occupation of a tenant. make
i",prone_
meili. t...
land.
31. Where a tenant makes an improvement to the tenancy during his compen.&-
occupation thereof, he Sbllll, on vacating the tenancy, be entitled to compenu- :::':;~ment
tion for sucb improvement from the landlord: b)'. tenant,
Provided that no compensation shall be payable by the landlord unle5S
Ihe improvement was made with hi. written permission.
32. (I) No suit for any compensation payable under section 31 sball be Rel'enue
Officer to
instituted in ~ny civil Court, but all claims I or compensation shall. on the decide
application in writing of the tenant making tbe claim, be decided by the di.plJtel"
Revenue Officer within whose jurisdiction the teoancy is situated. ~::I~pen.~
(2) On receipt of an application under ~bscction (I), the Revenue
Officer shall decide the amount of compensation, if any. payable to the teBant
after inspecting the alleged improvement and holdinga local enquiry with
the aid of three IhGnuuJis in accordance witb the procedure provided by
section 8.
(3) If any sum recoverable by Ihe landlord IS a chaJ:le' under Chapler
III is in arrear, such arrear sball be set off apinst any compensation awarded
to lbe -tenanl under section 31.
 56 TtIUUlCY

..,ttmin be 33. In cstimatiog the amount of compensation paya~le under scc:tion 31,
taten 11\10 the Revenue Officer shan have reaaed to the foUowin. matters. namely :-
contlckra-
tloo, I. (a) the amount by which the produce of the tenancy or the value of
atlmating that produce bas been increased by the improvement ;
~M~
l'o,. (b) the nature of the improvement and the probable duration of the
effects thereof;
(e) the labour. materials and money expended in makin. tho improve.
moM;
(d) any remission o~ reduction of rent or otber advantage giveD by tho
landlord to the tenanl in consideration of the improvemont ; and
(e) tho tCD8tb of time during which the tenant has received the be"ne6t
of the improvement.

='01'
Lla:Itn.tiOD

tioa.
34. No claim for compensation under this Chapter shall be entertained by a
Revenue Officer unless made within sixty days of tbe date on which the tenant
ceased to be entided to have his lease renewed for the succeeding tenancy year.

CHAPTER V.
RJSTIlCTIONS ON TH!! DISPOSA.L OP TENA.NCIES.
35. A lenant who has treated his landlord fairly shall. subject to tbo
..........
Rllbt of
h:1W.It who
bit IhCUord
provisions of this Chapter and provided that he is willing to pay the standard
rent of the tenaacy. be entitled to have his lease renewed for the succ:eed.ina
1.lylo tenancy year:
renewal
eftnaaPcy. Provided tbat. where a teDant proposes to plant a crop which takes more
than one year to mature. or which is harvested for two or more ye4f1 in
succession without replanting. the lease of the tenant may be renewed tor
such period exceeding one year as will ensure tbat the tenant will obtain the
full produce of his crop. on condition tbat tbe tenant pays for each year tbe
standard rent of Ihe tenancy.
Explanalion.-For the purposes of tbis section. where no Itandard rent
hu been detormincd under Chapter II. the standard rent of tbe tenancy shall
be deemed to be the rent. as agreed between the landlord and tbe tenant, for
the previous tenancy year.
TcmlinaliOD 36. (I) Notwithstanding QDything contained in the Transfer of Property
~~':'dcyby Act. a landlord may serve on his lenant a notice in writing of bis intention
. to terminate the tenancy on the follOWing grounds. and on no other grounds
naDiely :-
(i) that the tenant has treated tbe landlord unfairly : or
(ii) that the tenant is uDwillina: to pay the standard rent of the
tenancy: or
(iii) that the landlord. beina an qricultutist. intends to (. wort tbe land
bimsc'tf ; or
(iv) that the landlord. DOt boina aD aari<:ulturist. intends to work the
, land himself 81 his principal meanS of subsistence: or
 Timoney. 57

(v) that the I~ndlord intends to assign the tenancy to a son. daughter.
son in-law. or grandchild who is an agriculturist and who will
work tbe land himself or herself: or
(vi) that tbe landlord intends to let tbe land lie fallow so as to permit
tbe soil to recover from exhaustion and that the land has not Jain
fallow or been adequately manured during the preceding sill.
years; or
(vii) that the landlord intends to use the land for induurial. residential.
religious or public purposes. or for the construction of roads.
bridges. embankments. drainage. fisbety or irrigation works. or for
tbe provision of a supply of water for human beings or catde :
Provided that no sucb notice shall be valid unless it is duly served on
tbe tenant-
(0) if the notice is under clause (i) or clause (ii). not less tban fifteen
days before tbe beginning of the new tenancy year. and
(b) if the notice is under clause (iii). clause (iv). clause (v). clause
(vi) or clause (vii). not less than three calendar months
before the beginning of the new tenancy year.
(1) A notice under sub-section (I) by a landlord to his tenant sball bo
served on the tenant in the manner provided by the second clause of sectiOn
106 of the Transfer of Property Act.

31. A tenant who has been served by his landlord with a notice under ApplieaUon
section 36 may apply to the Revenue Officer within whose jurisdiction tbe 10 Revenue
Officer b)'
tenancy is situated for an order granting to bim a lease of the tenancy for the tenanl under
ensuing year. Save as provided by the proviso to section 39. such application notice q/
Ie>minatlc.
shall not be entertained unless it is mado before tb. beainnina of tbe new of knllK')'.
tenancy year.

38. (I) On receipt of an application under section 31. tbe Revenue Proudllrec.
Officer shall fix a time and place for hearing the application .and shall give "a"plic:ltloll
. . under kctlQft
nOllce thereof to the landlord and to tbe apphcant. 31.
(2) If. after due service of notice, the landlord taill to appear at the
time and place appointed. the Revenue Officer shall. on the applicant giving an
underta"ing in writing to pay the standud rect at tbe tenancy. grant tbe
application.
(3) If. after due service of notice. the applicant fails to appear at the
time and place appointed. the Revenue Offi\Jer shall dismiss tbe application.
(4) If both the landlord and the applicant appear at the time appointed.
and tho landlord shows that he has given valid notico under section 36 of his
intention to terminate the tenancy. the Revenue Officer. if satisfied that tbe
reason or rCSJons given in tbe notice for terminating the tenancy is or are
(rue and genuine. shall reject the application. It be is hot so satisfied. be
shall. On the applicant givins: all undertakin, in writinc to pay the atandard
rent of the tenancy. grant tbe application.
 58

Rmewal cl 39. (I) Where a Revenue Officer rejecls an application under the

... .
provisions of subsection (4) of section 38. the applicant shall be entitled to
applicatiop.
by tel1l.ot
renew his application if he proves that tbe purpose for which his tenancy was
when: laod-
~ terminated has for any reason not been effected or that the purpose has
...-bu become frustrated within three years of the termination of his lease.
DOl: been
effected. (2) A renewed application under sub-section (1) sball ordinarily be in
respec' of the tenancy year folloWing that in which it is made. but may. in
special circumstances at the discretion of the Revenue Officer and at the
requeSt or the applicant. be deemed to be in respect of the tenancy year
during wbich tbe application i~ made,
(J) Where a Revenue Officer has rejected an application for the reason
given in clause (vi) under section 36. the applicant may apply subsequently
for a fresh lease of the tenancy for the year following that in which the land
has lain or was intended to lie Callow.

Tenl.nt 'loll- 40. A tenant who before tbe beginning of the new tenancy year has not
ing to
cneuteleau executed a lease for that year in respect of his tenallcy shall be deemed to
bcl~. have vacated the tenancy unless prior to that date he has applied under
tc~ncJ yur
Iball be section 37 to the Re\'enue Officer tor an order granting him a lease:
dUled to
ba\'c \'atattd PrOVided. however. that a tenant may apply to the Revenue Officer Dot
tmaney. later than the fifteenth day after tbe beginning of the new tenancy year for an
order under section 41 granting him a lease of his tenancy for the ensuiog
year if his failure to execute tbe lease before the beginning of tbe tenancy
year was due to evasion on the part of the landlord or the landlord's agent or
to a refusal on the part of either of them to execute such a lease.

Application 41. An application for an order under the proviso to section 40 shall be
for renewal
of leaK by made to the Revenue Officer within whose jurisdiction the tenancy is situated.
tenant uo,der and the provisions of subsections (I), (2) and (J) of sectiOn 38 sball be
prO\jlO to
lec~ion 40. applicable tbereto. If the Revenue Officer. after such enquiry as he may
dum necessary. is satisfied that the tenant's failure to obtain a lease before
tbe beginning or'the tenancy year was not due to evasion on the part of tbe
landlord or his agent or the refusal of either of them to grant the lease. be
shall reject the application. If. however. he finds thaI the tenant's failure
was due to sucb evasion or refusal and if he is satisfied. after sucb enquiry as
he may deem necessary. tbat the tenant has treated his landlord fairly and has
paid the standard rent of the tenancy or tbe agreed reot. be sball. on the
applicant giving 3n undertaking in .-.vriting to pay the standard rent of tbe
tenancy. grant a lease to tbe applicant. and it shall not be necessary for him
to enquire into the reasons tor such evasioo or refusal:
Provided thaI if the landlord proves tbat he has duly served On the
tenant a valid notice under section 36. tbe Revenue Officer shalt proceed to
decide tbe dispute in accordance witb the' provisions of substion (4) ot
section 38.
 Tenancy. 59
41:. Every order passed under this Chapter granting a lease of a tenancy Effect of
tp an applicant tberefor sball be deemed to be and shall have the same force order UDder
\hil Cb1pter.
as a lease of tbe tenancy for the tenancy year granted by the landlord to a
tenant.

43. Where a tenant absents himself from the tenancy or fails to cultivate TermiuUOIl
Of It:lse
tt during the period and in the manner customary for the cultivation of that wh'm: lenlnl
class of land. the landlord may apply to the Revenue Officer within whose alntldool
thctenilncy.
jurisdiction the tenancy is situated for an order terminating the- lease. and the
Revenue Officer shall. if he is satisfied after due en9uiry that the tenant bas
so absented himself or has so failed to cultivate, pass an order terminating
the lease.

44. No tenant who is in occupation of a tenancy by virtue of a lease or Abandon-

an order under thilO Chapter shall. without the consent in writing of his ment of
tenancy by
landlord, transfer or sublet his interest in the land or any part thereof to unauthoriud
any other person. Any such transfer or sub-lease shall be deemed to be an tnnder.
abandonment of the tenancy within the meaning of, section 43 :
Provided that wben such consent bas been given it shall not be withdrawn
save by notice in writing stating the reasons for such withdrawal. and the
reasoos shall be such as are mentioned in sectiOnS 35 aDd 36.

45. (1) Every order passed by a Revenue Officer under tbis Chapter En/oree-
ment 01
shall specify the date on or before which it must be obeyed. Ol'd.erl by
(Z) A Revenue Officer may give effect to any order passed either by Re~ue

himself or by any appellate or revisional authority by ejecting anyone in O.lliceu.

occupation of the land. and may for tbis purpose usc sucb force as may be
necessary.

46. For the purposes of this Chapter. the President ot the Union shall Meacini 01
" uotajr
prescribe those acts and omissions on the part of a tenant which shall be treatment ..
deemed to be unfair treatment by the tenant of his landlord. under thjl
Chlpter.
CHAPTER VI.

RIGHTS OF EJF.CTED TENANTS.

41. (I) The following provisions sball apply in the case of every tenant Ri,ht of
ejected
wbo is ejected from a tenancy of whicb he was in lawful occupation. tenant in
namely- reepect of
ao~;ud
(a) if the tenant has. before the date of his ejeclment, sown or planted 1a.D.d prepar.
oI'w
:1 crop on any land comprised in the tenancy. he shall be entitled. _ill(.
at the option of the landlord. eitber to remain in occupation of
such land on payment or the standard rent for tbe tenancy. or
such- proportionate part o.,f the standard rent as is applicable to
the land occupied, or. where no standard rent bas been fixed. tbe
rent. or such proportionate part of the rCDt ~s is .p~licable _to
 60 Tenancy.

the land occupied. as agreed upon in the latest lease between

him and the landlord. for the purpoSe of tending and gathering
in the crops, or to receive from the landlord the value of the
labour and materials and the money expended by him in
preparing such land and sowing. planting and tending such crops:
(b) if a tenant who has. before the date of his ejectment. planted
a crop which may reasonably be expected to yield more than
one harvest is ejectcd at any time after the first harvest bUl
before the last harvest which is reasonably expected to be'
obtained from-such planting, thc expenditure of labour. materials
and money in preparing the land and in sowing. planting and
tending the crop shall be deemed to have been incurred in
respect of all the crops reasonably expected to be obtained from
such planting, and the compensation to be paid by the landlord
shall bear the same proportion to the cost o~ cultivation as the
value of the harvests expected thereafter to be obtained bears to
the total value of the harvests obtained and expected to be
obtained;
(e) if a tenant has. betoro the date of his ejectment. prepared any land
comprised in the tenancy for sowing or planting. but has not
sown or planted any crops thereon. he shaH be entitled to receive
from the landlord the value of the labour and the materials and
the money expended by him in preparing such land:
Provided that-
m nothing in this sub-section shaH enable a tenant to remain in
occupation of any land it be bas been ejected therefrom by
reason of another penon establiShing thereto a title superior to
that of his; and
(ij) no compensation shall be payable under this sub-section if th.
tenant had cultivated or prepared the land contrary to any
local usage or practice.
(2) Any. sum recoverable by the landlord from the tenant under the
provisions of this Act at the time of ejectment of the tenant may be set off
against any sum payable under the provisions of sub-section (I).

Delermina 48-, (I) A Revenue Officer ejecting a tenant in pursuance or an order

tiot! of passed under this Act sball determine the amount of compensation payable
;lmount of
compensa. under section 47 and shall. on application by the ejected tenant, recover it
tion ;lnd from the landlord.
nCOl/ery
thereof. (2) Where an appellate or rovilional authority reinstates in his tenancy
a tenant who has been ejected. such authority may, by the order passed on
appeal or in revision. direct that the tenant so reinstated shall pay to the
person. if any. wrv is evicted by tbe appellate or re...isional,. decision. such
compensation as ought to be paid on I'CCOunt of any advantage which will
accrue to the tenant reillstated by its order by reason of any expenditure in
the cultivation of the tenancy which the person evicted had incurred prior to
 Tenancy. 61

his eviction. tbe provisions of section 47 being applicable as if the reinstated

tenant were the landlord and the person evicted were the tenant.

CHAPTER VII.
SUB- TENANTS.

49. Subject to the following modifications. the provIsions of this Act Application
of Act to
shall apply to sub-tenants and sub-leases in the same manner and to tbe same lu1).tenaatl.
extent a& they apply to tenants and leases :-
(0) in Chapters III and V the word" landlord" shall mean the tenant
under the lease ;
(b) Chapter IV shall apply as between the landlord and the sub-tenant
to the exclusion of the tenant;
(c) save as provided by clause (b). both the landlord and the tenant
shall be necessary parties to proceedings relating to a sub-lease;
(d) withdrawal of consent under the proviso to section 44 shall be
equivalent to the issue of a notice under the provisions of
section 36 ;
(e) transfer by a sub-tenant of his interest in the tenancy or any part
thereof shall be deemed to be an abandonment by him of
the tenancy.

CHAPTER VIII.
ApPEAL. REVISION AND REFERENCE.

50. Except as expressly provided by Ihis Act. an order passed by NO appeal

a Revenue Officer shall be final. and shall not be subject to appeal to or eJIcept itt
provided In
revision by any Court or authority. WI Act.

51. (I) Any person aggrieved by any order passed by a Revenue Officer Appeal to
may appeal against the order to tbe Deputy Commissioner to whom the Deputy
Comllli,-
Re\'enue Officer is subordinate. .ioner fJ"00J
Explanation.-A Revenue Officer shall he subordinate to the Dt:puty '::d,~:::
Commissioner of the district which includes the local limits of the jurisdiction Officerl.
of the Revenue Officer.
(2) The period of limitation for an appeal under this section shall be
thirty days from the date on which the order appealed against was
communicated to the appellant.

52. (I) On the presentation of an appeal under section 51. tbe Deputy Procechlre at
hearing 01
Commissioner shall fix a date for hearing. of whith notice sball be given to appeal.
all parties appearing to be interested. and shall call for the record of the
proceedings of the Revenue Officer.
(2) On me date so fixed. or on any subsequent date.to wbich tbe hearing
may be adjourned. the Deputy Commissioner shall peruse the record. hear all
such parties as may appear. and make. or cause to be made bt' the Revenue
 62 Tenancy.

Officer. such further enquiry (if any) as he may deem necessary. and may
then either-
(a) confirm the order of the Revenue Officer and dismiss the appeal. or
(b) reverse the order. or
(c) modify the order in such manner as he may deem fit. or
(d) set aside the order and direct a fresh enquiry before the same Of
any other Revenue Officer subordinate to him. and may make
a,flY consequential or incidental order that may appear to be
necessary.
Power of 53. The Financial "Commissioner may. either on h.is own motion or on
}o'inallci11
Commis_ the application of any person interested made within ninety days of the order
sioner to sought to be revised. call for the record of any proceedings under this Act and
reverse
orden. may pass such order thereon as he thinks fit:
Provided that he shall not make an order reversing or modifying any
order of a Revenue Officer or Deputy Commissioner without giving the parties
affected thereby an opportunity of being heard.

Reference by 54. (ll Where. in any case coming before him under section 53. any
I'in1.ncial question of law arises on which he entertains a doubt. the Financial
Commil-
liOJler to Commissioner may draw up a statement of the facts of the case and the point
Hih Cour!. on which doubt is entertained. and refer such statement. with his own opinion on
the point. for the decision of the High Court. and the High Court shall give
its decision on the point so referred.
(1) The High Court shall send to the Financial Commissioner a copy of
its decision under the seal of the Court and the signature of the Registrar. and
the Financial Commissioner shall dispose of the case in conformity with
such decision.

CHAPTER IX.

OFFENCF.S.
.Penalty fbi' 55. Whoever, fraudulently or dishonestly.-
fMludulently
ordl.. (a) causes produce or crops to be attached under section 20 by represen-
honestly ting that he has a charge thereon,
e:ausinr;
attachment I (b) * * * *
01 produce. shall be punishable with imprisonment for a term which may extend to three
months. or with fine which may extend 10 five hundred rupees. or with both.
156.*
Peo1.lty for 57. Any landlord. who, having obtained the termination of a tenanc.y on
improper
termination any of the grounds mefuioned in clauses (iii). (iv). (v). (vi) or (vii) of section
of telP-ncy by 36. fails. except for causes beyond his control. Within twelve mOnths of such
landlOfd.
termination to carry his alleged intention or intentions into effect. shall be
punished with irnprisonment for a teqTl which may extend io three months. or
with fine which may extend to five hUlldred rupees, or with both.
I Deleted by Act V, 1951.
 Tenancy. 63

51. Whenever a Magistrate convicts a person of an offence punishable Coart may

under section 55.section 56 or section 57, and sentence.s him to pay a fine, the. :rec~dli~ ~o

be paid as compensation to any person for any toss or injury caused to sucb parly at.
person by the offence. -....
Magistrate may direct that the whole or any part of the fine, if realized, shall "iu~~eve:

\loa. ~

59. An olfence punishable under either section 55 or section 57 shall be Offlrned

compoundable by the aggrieved party. under
lo;:tiOlM 55
and S7
compound-
able,

60. No Court inferior to that of a Magistrate of the first class shall try any Cognlnn~
offence punishable under this Chapter. and no Magistrate shall take cognizance of offencu.
of any such ~ olfence except upon tbe complaint of a Revenue Officer or the
aggrieved party.

CHAPTER X.

MISCELLANEOUS.

61. Any notice or order issued under this Act by any autbority for service S~ of
on any perSOn shall be served in the manner provided by the Code of Civil notices, etc.
Procedure for the service of summons.

'%. The provisions of sectiOnS 10. II and 12 of the Money Lenders Act. Reattktloa
1945, shall applY to loans made by a landlord to his tenant and to advances onintlll'eal.
of wages paid by a cultivator to his labourers. as if tbe landlord or the cultivator.
as tbe case may be. were a money-lender under the said Act.

I '%A. Notwithstanding anything contained in any other taw. where aoy Rellrldlon
cultivator sells or agrees to sell outright his interest in the standing crops on on ri g " of
. . . r' f d'
any land whicb he cultivates 10 satlS aCllon 0 aoy loan or ebt Incurred by
pure h ;1."r.Of
'culliVlllor'.
him. the purchaser shall not be entitled to the produce so sold which is in excess inl'''d~lt in
. . I an me
of the amount which the purchaser can lawfUlly claIm at the date of such sale crop. for
under the Money Lenders Act or any other law tor the time being in force. I~n or debt.
and notwitbstanding any sucb sale the seller shall be deemed to be the owner
of that portion of the produce which is in excess or the sum laWfully payable
by tbe seller in respect of such loan or dpt.

63. The costs or any enquiry or other proceediJ18 under this Act .ball be ~
at the discretion of the autbority boldiel tbe enquiry or proceedici. whicb may
direct by whom. and to whom. aed to what amount cous shall be paid. or out
of what run'" tbey sball be payable.

, Inserled by Ael VII. 1948.

 64 Tenancy.

Recovery of 64. Any sum payable or recoverable under a~y order passed by any
turns authority under this Act may be recovered as if it were an arrear of land-revenue:
3w... rded
under
IhisAct loS
...rrears of
\...nd.
revenue.
Represent... 65. (1) Any act reQuired or permitted to be done and any appearance
tion of p... rty. required to be made by any person under this Act may be done or made by
his agent duly a!lthorized in tbat behalf.
(2) In any enquiry, appeal, revision or reference under this Act. a party
may be represented by a lc!gal practitioner.

Har to 66. No civil Court shall exercise jurisdiction in respect of any matter the
Jurtadiction of adjudication of which is entrusted to a Revenue Officer by this Act.
civil Courts.

Power to 67. A Revenue Officer or a Rent Settlement Officer holding any enquiry
require under this Act may require aoy statemept made before him to be made on oath
statements
011 oath. or affirmation.

Esclu.ion of 68. Notwithstanding anything contained in section 91 of the Evidence

oper...tion of
section 91, Act, where a person has entered into an agreement in writing in respect of or
Evidence as a labourer on certain land, he shall not thereby be prevented from proving
Ad,
in rl...in by oral evidence or otherwise, that he is in fact the tenant of that land.
m...lIers.
Condition in 69. Any provision in a lease that the tenant shall sell his produce only to
lea" that the landlord or other specified person shall be void .
....ho
produce .h...11
be to land-
lord void.

Conlracling 70, Any provision in any contract whereby a tenant or a labourer agrees
out of Act that he shall not be entitled to any right to which he would otherwise be entitled
prohibited.
under this Act shall be void.

POWeft. 71. (1)" The President of the Union may make rules 1 to carry out the
make rul~. purpos~s of this Act.
(2) In particular, and without prejudice to the generality of tbe foregoing
power, such rules may prescribe-
(a) the date on or before which an application for the determination
. of standard rent shall be made undcr scclion 7 :
(b) the form of warrantnf attachment under section 20:
(c) the remuneration payable to persons appointed under section 20 to
take care of attached produce:
(d) the quantity of produce which a tenant may retain under clause
(i) of section 26, and the quantity of seed grain sufficient for
cultivation under clause (ii) of seclion 26;
I t'orsuch rules, SC~ Burma \.4:e11 e, 1947. P.u-t 1, pale 162.
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(The Land and Revenue
Act) ~5o 7 ""~I ""'~
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PART XVI.-REGISTRATION OF DEEDS.

!:r.l~81 O~. aC')~l8c,)OJS,~oS~OJSc:'lU

THE REGISTRATION ACT.

CONTENTS.

PART I.
PRELIMINARY,
Sectiuns.
I. Power to exempt from operation of Act.
2. Definitions.

PART II.
OF THE RCiISTllATION ESTABLISHMENT.

J. Inspector-General of Regis~ration.
4.'
5. Districts and subdistricts.
6. Registrars and Sub-Registrars.
7. Offices of Registrar and Sub-Registrar.
8. Inspe"ctors of Registration-offi.ccs.
9.'
10. Absence of Registrar or vacancy in his office
108 Registration.

Sections.
II. Absence of Registrar on duty in his district.
12. Absence of SUbRegistrar or vacancy in his office.
13. Report of certain appointments, and suspension. removal and dismissal
of officers.
14. Remuneration and establishments of registering officers.
15. Seal of registering officers.
16. Registerbooks and fire-proof boxes

PART Ill.
OF R EGISTIlABLE DOCUMENTS.

17. Documents of which registration is compulsory.

18. Documents of which registration is optional.
19. Documents in language not understood by registering officer.
20. Documents containing interlineations. blanks. erasures or alterations.
21. Description of property and maps or plans.
22. Description of houses and land by reference to Government maps or
surveys.

PART IV.
OF TilE TIME OF PnSENTATION.
23. Time for presenting documents.
23A. Re-registration ot certain document~.
24. Documents executed by several persons at different times.
25. Provision where delay in presentation is unavoidable.
26. Documents executed out of the Union of Burma.
27. Wills may be presented or deposited at any time.

PART V.
OF THE PUCE OF REGISTRATION.
28. Place for registering documents relating to land.
29 Place for registering other documents.
30. Registration by Registrars in certain caSeS.
31. Registration or acceptance for depOSit at private residence.

PART VI.
OF PRESENTING DOCUMENTS FOR REGISTRATION.
32. Persons to present documents for registration.
33. Power-of-attorney recognizable for purposes of sectio'n 32.
34. Enquiry before registration by registering officer.
35. Procedure on admission and denial of execution respectively.
 R~g;strQt;on. 109

PART VII.
Of ENFORCING THE ApPEARANCE OF EXECUTANTS AND WITNESSES.
Sections.
36. Procedure where appearance of exeeutant or witness is desired.
37. Officer or Court to issue and cause service of summons.
38. Persons exempt from appearance at registration-office.
39. Law as to summOnses. commissions and witnesses.

PART VIII.
OF PUSENTING WILLS AND AUTHORITIES TO ADOPT.
40. P-.:rsons entitled to present wills and authorities to adopt.
41. Registration of wills and authoritics to adopt.

PART IX.
OF THE DEPOSIT Of WILLS.
42. Deposit of wills.
43. Procedure on deposit of .....ills.
44. Withdrawal of sealed cover deposited under section 4~.
45. Proceedings On death of depositor.
46. Saving of certain enactments and powers of Courts.

PART X.
OF THE EFFECTS OF REGISTRATION AND NOlliREGlSTRATION.
47. Time from which registered document operatcs.
48. Registered documents relating to property when to take effeci against
oral agreements.
49. Effect of non-registration of documents required to bc registered.
SO. Certain registered documents relating to land to take effect againsL
unregistered documents.

PART XI.
OF THE DUTIES ANO POWERS OF REGISTERING OFFICERS
(A) As 10 tht Rtgisfer-books and Indcxts.
51. Register-books to be kept in the se'eral offices.
52. Duties of registering officer whl:n document presented.
53. Entries to be numbered consecutively.
54 Current indexes and entries therein.
55. Indexljs to be made by registering officers. and Iheir contents.
56.
57. Registering officers to allow inspection of certain beoLs and indexes
and to give certified copics of colriei.
110 Registration.
(B) As to the Procedure on admitting to Regi~/ration.
Sections.
58. Particulars to be endorsed on documents admitted to registration.
59. Endorsements to be dated and signed by registering officer.
60. Certificate of registration.
61. Endorsements and certificate to be copied and document returned.
62. P.ocedure on presenting document in language unknown to registering
office~.
63. Power to administer
,
oaths and record of substance of statements.

Special Duties of SubRegistrar.

(e)
64. Procedure where document relates to land in several sUb-districts.
65. Procedure where document relates to land in several districts.

(D) Special Duties 0/ Registrar.

66. Procedure after registration of documents relating to land.
67_

() Of the conirollin~ Powers 0/ Registrars and I"spector-General.

68. Power of Registrar to superintend and control Sub-Registrars.
69. Power of Inspector-General to superintend registration-offices and
make rules.
70. Power of Inspector-General to remit fines.

PART XII.
OF REFUSAL TO REGISTER.

71. Reasons for refusal to register to be recorded.

72. Appeal to Registrar from orders of Sub-Registrar refusing registration.
on ground other than denial of execution.
73. Application to Registrar where Sub-Registrar refuses to register on
ground of denial of execution.
74. Procedure of Registrar on such application.
75. Order by Registrar to register and procedure ther~on.
76. Order of refusal by Registrar.
77. Suit in case of order of refusal by Registrar.

PART XIII.
OF THE FEES FOR REGISTRATION. SEARCHES AND COPIES.

78. Fees to be 6xed by President.

79. Publication of fees.
80. Fees payable on presentation.
 Registration. 111

PART XIV.
OF PENALTIES.
Sections.
81. Penalty for incorrectly endorsing. copying. translating or registering
documents with intent to injure.
82. Penalty for making false statementS. delivering false copies or transla-
tions, raIse personation, and abetment.
83. Registering officer may commence prosecutions.
84. Registering officers to be deemed public "ervanls.

PART XV.
MISCElLANEOUS.
85. Destruction of unclaimed documents.
86. Registering officer not liable for thing bond {Ide done or refused in his
official capacity.
87. Nothing SO done invalidated by defect in appointment or procedure.
88. Registration of documents executed by Government officers or
certain public functionaries.
89. Copies of certain orders, certificates and instruments to be sent to
registering officers and filed.

Exemptions from Act.

90. Exemption of certain documents executed by or in favour of Govern

ment.
91. Inspection and copies of such documentS.

THE REGISTRATION ACT,

[INDIA ACT XVI. 1908,J (1st January. 1909.)

PART I.

PRELIMINARY,

l. (I).
(Z) The President of the Union may. by notification. exclude any area from Io.... ~r 10
tfte operation of this Act. t:l<,,'pl f'(,m
o!'Crati<.l1l <.If
Ad.
Z. In this Act. unless there is anything repllgnant in the subject or Ddinilion.
centexl,--
(I) .. addition" means the place of residence. and the profession, trade.
rank and title (if any) of a person described. and. in the case of a
 112 Rtg;stlat;on.

native of India or Pakistan or the Union of Burma. his caste Cif

any) and his father's name. or where he is usually described as
the son of his mother. then his mother's name:
(2) "book" includes a portion of a book and also any number of
sheets connected together with a view of forming a book or
portion of a book:
(3) .. district" and .. sub-district" respectively mean a district and
sub-district formed under this Act:
(4) .. District Court" includes the High Coun in ils ordinary original
civil jurisdic:ion:
(5) " endorsement" and" endorsed" include and apply to an entry
in writing by a registering officer on a rider or covering slip to
any document tendered for registration under this Act:
(6) .. immoveable properly" includes lands. buildings. hereditary allow-
ances. rights to ways. lights. ferries. fisheries or any other benefit
to arise out of land, and things aURched to the earth or
permanently fastened to anything which is auached to the earth.
but not standing timber, growing crops nor grass:
(7) "lease" includes a counterpart. an undertaking to cultivate or
occupy. and an agreement to lease;
(8) .. minor" means a person who. according 10 the personal law to
which he is subject. has not attained majority:
(9) ,. moveable property" includes standing timber. growing crops and
grass. fruit upon and juice in trees. and property of every other
description. except immoveable prop~rty : and
(10) .. representative" includes the guardian of a minor and the com-
mittee or other legal curator of a lunatic or idiot.

PART II.

OF TIlE REGISTI\ATlON ESTABLlSHMl:NT.

!>\s('cctor-
Ceneral of 3. (I) The President of the Union shall appoint an officer to be the
l~e~llrlation. Inspector-General of Registration:
Provided that the President of the Union may. instead of making such
appointment, direct that all or any or the powers and duties hereinafter
conferr~d and imposed upon the InspectorGeneral shall be exercised and
performed by such officer or officers. and within such local limits, as the
President of the Union appoinu 'In this behaJr.
(Z) Any Inspector-General nlay hold simultaneously any other offi';e
under the Government
4.
Dislr;';h and
Illb-dislri.ts. 5. (I) For the purposes of this ACI. the President of the Union shall
form districts and sub-disuicts. and shall prescribe, and ma.y alter. the limits
of such districts and subllistricts.
 Reg;sfrat;on. 113

(2) The districts and sub-dislricts formed under this section. together
with the limits ther.eof. and every alteration of such limits. shall be notified
in the Gazcue.
(3) Every such alteration shall take effect on such day after the date of
the notification as is therein mentioned.

6. The President of the Union may appoint such persons. whether public Rc,iatrilu
and Sub-
officers or not. as he thinks proper. to be Registrars of the several districts. I(cltiliuri.
and to be Sub-Registrars of the several sub-districts, form'cd as aforesaid,
respectively:
Provided that the President of the Union may delegate, subject to such
restrictions and conditions as he thinks fit. to the InspectorGeneral of
Registration the power of appointing Sub-Registrars.

7. (I) The President of the Union shall establish in every district an Oll""('f of
I:ct.!iatrar
office to be styled lhe office of the Registrar and in every sub-district an office ilnd Sub.
or offices to be styled the office of the Sub-Registrar or the offices of the RClo:iatrar.
Joint Sub-Registrars.
(2) The President of the Union may amalgamate with any office of a
Registrar any office of a Sub-Regislrar subordinate to such Regislrar. and
may authorize any Sub-Registrar whosc office has been so amalgamated to
exercise and perform. in addition to his own powers and duties. all or any of
the powers and duties of the Registrar to whom he is subordinate:
Provided that no such authorization shall enable a Sub-Registrar to hear
an appeal against an order passed by himself under this Act.

Inarector.
8. (I) The President of the Union may also appoint officers. to be called or nCRiitra-
Inspectors of Registration offices. and may prescribe the duties of such tiou a'lice,.
officers.
(2) Every such Inspector shall be subordinate to the Inspector.General.

9.
10. (1) When any Registr:lr is absent otherwise than on duty in his AboIencc of
RcJiltrar or
district. or when his oflicc is IcmpOiarily vacant, any person whom the viIe.toq ill
Inspector-General appoints in this behalf, or, in default of such appointment, hi' office.
the Judge of the District Court within the local limits of whose jurisdiction the
Registrar's office is situate. shall be the Registrar during such absence or until
the President of the Union fills up the vacancy:

(2)
U. When any Registrar is absent from his office on duty in his dislric< Ablence of
Rc,i't,., on
he .may appoint 'any Sub-Registrar or other person in his district to perform dut, la hie
during such absence. all the duties of a Registrar except thor.e mentioned in diatri,l.
sections 68 and 72.

8
 114 Registration.
Abeenee of 12. When any SubRegistrar is absent. or when his office is temporarily
S"b-Regh-
Irar or Vacant. any person whom the Registrar of the: district appoints in this behalf
\'acaucy in shull be Sub-Registrar during such absence. or until the vacancy is filled up,
hi' office. .
Report of 13. (I) All appointments made by the Inspector.General under section
certain
appoint- 6 and all :lppointments made under section 10. section 1I or section 12 shall
meill aud be reported to the President of the Union by the: Inspector-General.
suspension,
remov,,1 and (2) Such report sh:1I1 be either special or general. as tbe President of the
dismissal 0: Union directs.
offic'crs,
(.1) The President of the Union may suspend. remove or dismiss any
person appointed under th: provisions of this Act. and appoint another person
in his stead, and the Inspector-General of Registration may. subject to such
conditions and restrictions as the President of the Union may impose. exercise
the like power in the case of Sub-Registrars appointed by him.
RClllunera_ 14. (I) The President of the Union may assign such salaries as he deems
tion ;md
establi,h- proper to the registering officers appointed under this Act, or provide for
ment. of their remuner:.ltion by fees, or partly by fees and partly by salaries.
rtgi~lering
of!icen. (Z) The President of the Union may allow proper establishments for
the several offices under this Act.

Seal of 15. The scveral Registrars .::nd Sub Registrars shall use a seal bearing
rC$i.lerinl'( the following inscripiion [in Burmese and such other language] I as the
oftiCCTl.
President of the Union directs:-
.. The seal of the Registrar (or of the Sub-Registrar) of

Regilter 16. (1) The President of the Union shall provide for the office of every
books and registering ollicer the books necessary for the purposes of this Act.
lireproof (2) The books so provided shall contain the forms from time to time
bons.
prescribed by the ]nspectorGeneral. .....ith the sanction of the President of the
Union. and the pages of such books shall be consecutively numbered in print.
and thc number of pagcs in each book shall be certified On the title-page by
the officer by whom such books are issued.
(3) The President of the Union shall supply the office of every Registrar
with a fire-proof box. and shall in each district make suitable provision for
the safe custody of the records connected with the registration of documcnts
in such district.

PART Ill.
OF REnSTkABLE DocUMENTS.
Documenl.
01 which 17. (I) The followi ng documents shall be registered. if Ihe propertr. to
re~istration which they rclate is situate in a district in which. and if they have been
i.compul executed on or after the date on which this Act came or comes into force.
sory.
namely:-
(a) instruments of gift of imm<'1veable property:

I Subslilutcrl by the Ulli~n o! l3urm:l (Ad:lrt<ltion vf Laws) Order, 194~.

 Reg;stral;on. liS

(b) other non-testamentary instruments which purport or operate to

create. declare. assign. limit or extinguish. whether in present or
in future. any right. title or interest. whether vested or cantin
gent. of the value of one hundred rupees and upwards. to or in
immoveable property:
(c) non-testamentary instruments which acknowledge the receipt or
payment of any consideration On account of the creation.
declaration. assignment. limitation or extinction of any such
right. title or interest;
(d) leases of immoveable property from year to year. or for any term
exceeding one year. or reserving a yearly rent; and
(c) nontestamentary instruments transferring or assigning any decree
or order of a Court or any award when such decree or order or
award purports or operateS to create. declare. assign. limit or
extinguish. whether in present or in future. any right. title or
interest. whether vested or contingent. of the value of one
hundred rupees and upwards. to or in immoveable property:

Provided thlt the Pre~id:nt of the Union mlY. by order published in the
Gazette. exempt from the operation of this sub-section ~ny leases executed in
any district. or part of a district. th;: terms granted by which do nOI exceed
five years and the annuli rents reserved by which do not exceed fifty rupees.

(2) Nothing in clauses (b) and k) of sub-section (I) applies to-

m any composition deed: or
(ii) any instrument relating to shares in a joint stock company. not
withstanding that the assels of such company consists in wbole
or in part of immoveabl~ property; or
(iii) any debenture issued by any such company and not creatins.
declaring. assigning. limiting or extinguishing any right. title or
interest to or in immoveable property except in so far as it
enlitles the holder to the security affonJed by a registered
instrument whereby the company has mortgaged. conveyed or
otherwise transferred the whole or part of its immoveable
property or any intereSt therein to trustees upon trUSt for tbe
benefit of the holders of such debentureS; or
(iv) any endorsement upon or transfer of any debenture issued by any
such company; or
(v) any document not itself creating. declafing. aSSigning. limiting or
extinguishing any righI, title or interesl of the yalue of one
hundred rupees and upwards to or in immoveable property. but
Iherely creating a right to obtain another document which will.
when executed. creal!. declare. assign. limit or extin,uish any
such right. title or interest; or
 116 Registration.

(vi) any decree or order of a Court except a decree or order expressed

to be made on a compromise and cOIU!,rising immoveable
property other than that which is the subject-matter of the suit
or proceeding; or
(vii) any grant or immoveable property by Government: or
(viii) any instrument of partition made by a revenue officer; or
Ox) any order granting a loan or instrument of collateral security
granted under the Land Improvement Loans Act: Or
(x) any crder granting a loan under the Agriculturists Loans Act. or
instrument for sei:uring the repayment of a lOan made under that
Act [or instrument for securing the repayment of an agricultural
loan made by a co-o~rative society] t; or
lxi) any endorsement on a mortgagedeed acknowledging the payment
of the whole or any part or the mortgage-money. and any other
receipt for payment of money due under a mortgage when the
receipt does not purport to extinguish the mortgage; or
(xii> any certificate of sale granted to the purchaser of any property sold
by public auction by a civil or revenue officer.
Exp/anation.-A document purporting or operating to effect a contract
for the sale of immoveable property shall not be deemed to require or ever to
have required registration by reason only of the fact that such document
contains a recital of the payment of any earnest money or of the whole or any
part of the purchase nloney.
(3) Authorities to adopt a son. not conferred by a will. shall also be
registered

Documents 1. Any of the following docunlents may be registered under this Act.
of ..,hkb
recllotratlon
namely:-
Ilo optional. (a) instruments (other than instrunlents of gih and wills) whieh purport
or operate to create. declare. assign. limit or extinguish. whether
in present or in future. any right. title or interest. whether
vested or contingent. of a value I~ss than one hundred rupees.
to or in immoveable property;
(b) instruments acknowledging the receipt or payment or any consi
deration on account of the creation. declaration. assignment.
limitation or extinction of any such right. title or interest;
(e) leases of immoveable property for any term not exceeding one
year, and leases exempted under section 17;
(d) instruments (other than wills) which purport or operate to create.
declare. assign. limit or extinguish any right. title or interest
to or in moveable property;
(e) wills. and
(f) all other documents not required by section 17 to t.e registered.

t tn,ertc(! by At! LXXXII. t9H.

 Registration. 117

19. If any document duly presented for registration be in a language Document

wbich the registering officer docs not understand. and which is not commonly In_!a''',''.i C
.I'''' Ilnuet"
used in the district, he shall refuse to register the document unless it be ltood by
accompanied

by a true tranudion into a language commonly used in tbe ,effiell,crln,
0 e;t;r.
district and also by a true copy.

20. (I) The registering officer may in his discretion refuse to accept for Ooeume' It
registr3tion any document in which any interlineation. ~Ianlc. erasure or ':~~i~~a!
alteration appears. unless the persons executing the document attest with their tiUQs.blanU,
signatures or initials such interlineation. blank. erasure or alteration. :J::~::
(2) If the registering officer registers any such document. he shall. at the
time 01 registering the same. make a note in the register of such interlineation.
blank. erasure or alteration.

21. (I) No non-testamentary document relating to immoveable property ne.alrtion

shall be accepted for registration unless it contains a description of luch of l'fOpt'I',
aDdm,~
property sufficient to identify the same 01' plan
(2) Houses in towns shall be described as situate on the north or other
side of the street or road (which should be specified) to which they front. and
by their existing and former occupancies. and by their numbers if the houteS
in such street or road are numbered.
(3) Other houses and lands shall be described by their name. if any. and
as being in the territorial division in which they are situate, and by their
superficial contents. the roads and other properlies on which they abut. and
their existing occupancies. and also. whenever it il practicable. by reference
to a Government map or survey.
(4) No non-testamentary document containing a map or plan of any
property comprised therein shall be accepted for registration unless it i.
accompanied by a true copy of the map or plan. or. in cate such property i.
situate in several districts. by such number of true copies of the map or plan
as are equal to the number of such dislricts.
(5) No nontestamentary document relating to a part of a holding .hall
be accepted for registration uoless-
(a) it is aceompanied-
(i) where a Government map or plan of the holdini is available. by
tWo true copies of such map or plan. or
(ii) where such map or plan is nQt available. by two true copies of
lhe map or plan of the holding made by a quali6ed surveyor
nd
(b) the part to which the document relates is clearly marked in the
copies of such maps or plans:

Provided that if such document relates to parts of holdinp: situated in

several districts. it shall be accompanied by such number of true copies of the
map as are equal to twice the number of such districts.
 118 R~gis'ral;on.

Explanation.-For the purposes or this sub-section a .. holding" is a

continuous area of lanJ held by one person or by a number of persons jointly
on the same tenure and on the same title.

De-cri,tlOft 2%. (I) Where it is. in the opinion of the President of the Union.
:~~:'by practicable to describe houses. nol being houses in towns. and lands by reference
rt,uc:nce to to a Government map or survey. the President of the Union may. by rule
Go'ftmment . made under this Act. requir~ lh:lt such bouses and lands as aforesaid shall, (or
Il13PI or ,- ..
VC,f. the purposes of section 21, be so described.
(2) Save as otherwise, provided by any rule made under Sub-section (I),
failure to comply with the provisions of section 21. sub-section (2) or sub-
section (3). shall not disentitle a document to be registered if the description
of the property to which it relaies is sufficient to identify tbat property

PART IV.

OF THE TIM" OF PRESENTATION_

Time for 13. Subject to the provisions contained in sections 24, 2S and 26. no
prelentl1l1 document other than n will shall be accepted for registration unless presented
document.
for that purpose to the proper officer within (our months from the date of
its execution :
Provided that a copy of a decree or order may be presented within four
months (rom the day on which the decree or order was made. or. where it is
appealable, within four months (rom the day on which it becomes final.

RM.,illra- 13A. Notwithstanding anything to the contrary contained in this Act. if

lion Of cer_
laindoa._ in any case a document requiring registration has been accepted for registra-
tion by a Registrar or Sub.Regislrar from a person not duly empowered to
menll.
present the same. and h:l$ b:en registered. any person claiming under such
document may. within four months from his first becoming aware that the
registration of such document is invalid. present such document or cause the
same to be presented in accordance with the provisions of Pan VI for
re-registration in the office of the Registrar of the district in which the
document was originally registered: and upo:'! the Registrar being satisfied
that the document was so accepted for registration (rom a person not duly
empowered to present the S1me. he shall proceed to the re-registration of the
document as if it h3d not been previously registered. and as if such presentlto;-
tion for re-registration was a present3tion for registration made within
the time allowed therefor under Part IV. and all the provisions of this Act as
to registClltion of documents shall apply to such re-registrat,i.on: and such
document. if duly re-registered in acco/dance with the provisions of this
section. shall be deemed to have been duly registered for all purposes from
the date of its original registration.
 R~gj"t-aljon. 119

2.4. Where there are several persons executing a document at different Documentl
ueclll<:d by
limes. such document may be presented for registration and re-registration I,:\'u;d peT_
within four months from the date of each execution. 10111 at
differcnt
timn.
25. (I) If. owing to urgent necessity or unavoidable accident. any Provilion
document executed. or copy of a decree or order made. in the Union of Burma III whcre del
presenta-
a,
is not presented for registration till after the expiration of the time hereinbefore liOn is un.
prescribed in that behalf. the Registrar. in cases where the delay in presenta- avoidable:.
tion does not exceed four months. may direct thai. on payment of a fine not
exceeding ten times the amount of the proper registration-fee. such document
shall be accepted for registration.
(2) Any application for such direction may be lodged with a Sub-
Registrar. wbo shall forthwith forward it to the Registrar to whom he is
subordinate.
16. When a document purporting to have been executed by all or any of DocLmenl1
the parties Out of the Union of Burma is not presented for registration till cxecuted
oul of the
after tbe expiration of the time hereinbefore prescribed in that behalf. the Vr.ion 01
registering officer. if satislied- I.urnll.

(a) that the instrument was so executed. and

(b) tbat it has been presented for registration within four months
after its arrival in the Union of Burma.
may. on payment of the proper registration-fee. accept such document for
registration.
17. A will may at any time be presented for registration or deposited Will. may
in manner hereinafter provided. be rrelcnte4
or dCJIOIJtcd
at all)' time.
PART V.

OF THE PLACE OF REGISTRATION.

21. Save as in this Part otherwise provided. every document mentioned Plate fOl'
in section 17. sub-section (I). clauses (a). (bJ. (e) and (J). and section 18. re.\llller;".
docun,euts
clauses (a). (b) and (c). shall be presented for registration in the office of rcl;lljn~ to
a Sub-Registrar within whose sub-district the whole or some portion of the land.
property to which such document relates is situate.
19. (I) Every document other than a documenl referred to in section 28. Pbce frw
and a copy of a decree or order. may be presenled (or registration either '<1:;\I.,r;II'
other doeu_
in the office of tbe Sub Registrar in whose- subdistrici the documenl was ment
extcuted. or in the office of any other Sub-Registrar. at which all Ihe persons
executing and claiming under the documenl desire tbe 'arne to be registered.
(2) A copy of a decree or order m"y be presented for registralion in the
of5ce of the SUbRegistrar in whose sub-distr:ct the original decree or order
was made. or. where the decree or ortler does not afTect immo\e"ble property.
in the of6ce of any other Sub-Regi'lrar at which all the persons claiming
under the decree or order desire the copy to be registered.
 120 Rtgls/ralion.

RClistr..lion 30. (I) Any Registrar may in his discretion rcceiveand register any
by Wrl:is-
tr~rs in c~,
document which might be regislered by any Sub-Registral subordinate to him.
t:lln ('aliCl. (2)

Registra- 31. In ordinary cases the registration or deposit of documents under

tion or ae- this Act shall be made only at the office of the officer authorized to accept the
cepbnU
lor tlepcMlt same for registration or deposit:
at pthratc
f(.idc~.
Provided that such officer may on special cause being shown attend at
(he residence oLany pcrson desiring to present a document for registration or
to deposit a will. and accept for registration or deposit such document or
will
PART VI.
OF PRESENTINO DOCUMENTS I'OR RE6ISTRATION.

PCf!JOIlS to
31. Except in the caseS mentioned in section 31 and section 89. every
rrClcut .lo- document to be registered under this Act, whether such registration be com-
..mlDII
for ''''liIblr,. pulsory or optional. shall be presented at the proper registration olfice-
lioll. (a) by some person executing or claiming under the same, or. in the
case .of a copy of e decree or order. claiming under the decrec
or order. or
(b) by the represenunive or assign of such person. or
(c) by the agent of such person. represent:ltive or 3ssign. duly authorized
by power-ofaltorney executed and authenticated in manner
hereinafter mentioned.

33. (I) For the purposes of section 32. the follOWing powers-or-attorney
P""u-of-
:l.t1orne)' shall alone be recognized. namely : -
rtt...:n,ublc
{or purpolU (a) if the principal at the time of executing the power-of-attorney
olleelion 31. resides in any part of the Unioll of Burma in which this Act is
for the time being in force. a po....er-of-attorney executed before
and authenticated by the Rcgistr3r or Sub-Regislrar within whose
district or subdistrict the principal resides;
(b) if the principal at the time :lforesaid resides in any other part of
the Union of Burma, a power-or-attorney executed before and
authenticated by nny Magistrate:
(e) if the principal at the time aforesaid does not reside in the Union
of Burma. a power-at-attorney executed !xfore and authenticated
by a Notary Public. or any Court. Judtte. Magistrate. British
ConSUl or Vice:tonsul. or representative of His Britannic
Majesty or. of the Government : ~

Provided that the follOWing persons shall not be required to attend at any
registration o.ffice or Court for the purpose of executing any such power-of.
auorney as is mentioned in clauses (a) and (b) of this section."namely:- '.
(j) persons who by reaSOn of bodily infirmity are un3ble witbout risk
or serious inconvenience so 10 attend;
 Reg;:rtration. 121

(iO persons who 3re in jail under civil or criminal process; and
(iii) perSOnS exempt by law from personal appearance in Court.
(2) In the case of every such person the Registrar or Sub-Registrar
or Magistrate.as the case may be. if satisfied that the power-of-attorney has
been voluntarily executed by the person purporting to be the princ;ipal. may
aUest tbe same without requiring his personal attendance at the office or Court
aforesaid.
(J) To obtain evidence as to the voluntary nature of th~ execution, the
Registrar or Sub-Registrar or Magistrate may either himseJr go to the house of
the person purporting to be the principal. or to the;ail in which he is confined.
and examine him. or issue a commission for examinatiOn.
(4) Any power-or-attorney mentioned in this section may be proved by
the production of it without further proof when it purports on the face of it to
have been executed before and authenticated by the person or Court herein-
before mentioned in that behalf.
(5) Powers-of-auorney authenticated in British India berore the 1st
April. 1931. in accordance with the provisions of clauSe (a) or clause (b) of
sub-section (1) or section 33 of the Indian Registration Act. 1908. shall (as India XV I,
from the said date) be deemed to have been executed and aUlhenticated in I''-Oll.
accordance with the provisions of clause (t-) of subsection (1) of this section.

34. (I) Subject to Ihe provisions contained in this P3rt and in sections 41. Enquiry
bdor~ ~Ci.
43.45. 69. 15.11. 88 and 89. no document shall be regislered under this Act. IrlOlion by
unless the persons executing such document. or their representatives. assigns lel;l~rilllt:
or agents authorized as aforesaid. appear before the registering officer within ofhcer.
the time allowed for presentation under sections 23. 24. 25 and 26 :
Provided that. if owing to urgent necessity or unavoidable accident all
such persons do not so appear. the Registrar. in caSes where the delay in
appearing does nol exceed four months. may direct that on payment of a fine
not exceeding ten times the amount of the proper registration fee. in additiOn
to the fine. if any. payable under section 25. the document may be registered,
(2) Appearances under subsection (I J may be simuUaneous or at different
times.
(J) The registering officer shall thereupon-
(QJ enquire whether or not such document was executed by the penons
by whom it purports to have been executed;
(b) satisfy himself as (0 the identity ~f the persons appearing before
him and alleging that they have executed the document; and
(cJ in the case of any person appearing as a .representative. assign or
agent. satisfy himself of the right of such person so to appear.
() Any allplication for a direction under the proviso 10 sub-section (I)
mly be lodged wilh a SubRegistr:v. who shall forthwith forward it 10
the Registrar to whom he is subordinate.
(5) Nothing in this seelion applies to copies of decrees Or orden.
 122 Registration.

Protedure on 35. (I) (a) If all the persons executing the document appear personally
admission before the registering officer and are personally known to him. or if he be
anrl deni:oiI 01
ex.eculion . otherwise satisfied that they are the persons they represent themselves to be.
respectively. and if they all admit the execution of the document. or
(b) if in the case of any person appearing by a representative. assign or
agent, such representative. assign or agent admits the execution, or
(c) if the person executing the: documerll is dead. and his representative
or assign appears before the registering officer and admits the execution.
the registering officer shall register the document as directed in sections 58
to 61. inclusive.
(2) The registering officer may. in order to satisfy himsclf that the persons
appearing before him are the perSOns they represent themselves to be. or for
any other purposc contemplated by this Act. examine any onC present in his
office.
(3) (a) If any person by whom the document purports to be executed
denies its cxecution. or
(b) if any such person appears to the registering officer to be a minor.
an idiot or a lunatic. or
(c) if any person by whom the document purports to be executed is
dead, and his representative or assign denies its execution.
the regIstering officer shall rduse \0 register the document as to Ihe person
so denying. appearing or dead:
Provided that. where such officer is a Registrar. he shall follow the
procedure prescribed in Part XII :
Provided further that Ihe President of Ihe Union may, by notification in
the Gazette. declare that any SubRegistrar named in the notification shall. in
respect of documents the execution of which is denied. be deemed to be a
Registrar for the purposes of this sub-section and of Part XII.

PART VII.
OF ENFORCING THE ApPEARANCE OF EXECUTANTS AND WITNESSES.

Procedure 36. If any person presenting any document for registration, or claiming
where under any document which is capable of being so presented, desires the
apf'earanee
01 c~ecut:.nt
appearance of any persoll whose presence or testimony is necessary for the
or witneH is registration of such document. the registering officer may. in his discretion.
desired. call upon such officer or Court as the President of the Union directs in this
behalf to issue a summons req4,jring him to appear at the registration office.
either in person or by duly authorized agent, as in the summons may be
mentioned. and at a time named therein.

Officer or 37. The officer or Court. upon receipt of the p~on's fee payable in such
Court 10 cases, shall issue the summons accordingly, and cause it to be served Upon the
hlue and
cause sen ice person whose appearance is so required:
of lummon..
 Registration. 123

31. (I) (0) A person who by reason of bodily infirmity is unable without Penon.
ellrlnrt frOID
risk or serious inconvenience to appear at the registration- s[IJlC'ar.rKC
office. or at rc,illra.
tiol1~ffice.
(b) a person in jail under civil or criminal process, or
(c) persons exempt by law from personal appearance in Court.
and who would but for the provision next hereinarter
contained be required to appear in person at the registration
office.
shall not be required so to appear.
(Z) In the case of every such person the registering officer .hall either
himself go to the house of such person. or to the jail in which he is con6ned,
and examine him or issue a commission for his examination.
39. The law in force for the time being as to summonses, commissions f..:I,Wat to
IUmmOl1lel.
and compelling the attendanc: of witn:sses. and for their remuneration in suits commiuioJlll
before civil Courts. shall. save a aforesaid and mutatis mutandis, apply to .....d '" it
any summons or commission issued and any person summoned to appear neuu.
under the provisions of Ihis Act.
PART VIII.
OF PRESENTING WILLS AND AUTIIORITIES TO AOOPT.

40. (I) The testator. or aher his death any person claiming as execulor Peraonl ep-
tilled 10
or otherwise under a will. m]y present it to any Registrar or SubRegistrar present willi
for registration. ;'"tl a.thor
jtiu to
eZ) The donor. or after his death the donee. of any authority to adopt. or the :.dopt.
adoptive son, may present it to any Registrar or Sub-Registrar for registration.
41. (I) A will or an authority to adopt. presented for registration by the Re.:;illralion
testator or donor. may be registered in the same manner as any other document. of ""iIIJ and
loulhorilin
(Z) A will or authority to adopt presented for registration by any other 10 adopt.
person entitled to preSent it shall be registered if the registerins officer is
satisfied-
(a) that the will or authority was executed by the testator or donor. al
the case may be :
Cb) that the testator or donor is dead: and
(e) that the person presenting the will or authority is. under section 40.
entitled to present the same.

PART IX.

OF THE:. DEPOSIT OF W,LLS.

<lZ. Any testator may. either personally or by duly authorized agent. D:rOlIl Of
depesit with any Itegislrar his will in a fU1ed cover superscribed with the name ..ilh.
of the testator and that of his asent (if any) and wilh a statement of the nature
of the document
 124 Registration,
Procedure 43. (/) On receiving such cover, the Registrar. if satis6ed that the person
on dCf'OIit presenting the same for deposit is Ihe testalOr or his agent. shall transcribe in
of will,.
his Register-book NO.5 lhe superscription aforesaid. and shall note in the same
book and on the said cover the year. month, day and hour of such presentation
and rtipt. and the nameS of any persons who may testify to the identity of
the testator or his agent. and any legible inscription which may be on the seal,
of the cover.
(Z) The Registrar shall then place and retain the sealed conr in his
fire-proof box."'

Withdraw~1 44. If the testator who has deposited such cover wishes 10 withdraw it, he
of scaled may apply. either personally or by duly authorized agenl. to the Registrar who
cover depo,
,iled under holds it in deposil, and such ReAistrar, if satisfied that the applicant is actually
seetioo 42. the testator or his agent. shall deliver the cover accordingly.

Proo;c:edin(s 45. (I) If. on the death of a testator who has deposited a sealed cover
on dcallt 01 UDder section 41, applic:Hion be mad..: to the Registrar who holds it in deposit
depotiltlC".
to open the same. and if the Registrar is satisfied that the teSlator is deaJ. he
shall. in the applicant's presence, open the cover. and. at the applicant's expense.
cause the cOntents' thereof to be copied inlo his Book No.3,
(2) When such copy has been made. the Registrar shall redeposit the
original will.
46. (/) Nothing hcreinbefore conlained shall affect the pro\iisions of
Suint of
cerlain section 284 of the Succession Act or the power of any Court by order to com-
enaclnlClI" pel the production of any will.
and ro"'CII
of Cowh, (2) Whcn any such order is made. the Registrar shall. unless lh~ will has
been already copi..:d under section 45. open the cover and causC the will to be
copied into his Book No.3 and make a note on such copy that the original
bas been remov~d into Court in pursuance of theorderafor~said.

PART X.

OF THE EFFECTS OF ReCISTIl.ATIOl'l AND NON-REGISTRATION.

Time from "',. A registered document shall operate from the time from which it
whieb
reti,tercd would have commenced to operate if no registralion thereof had been required
docnmtnt or made. and not from the lime of its registration,
optlatn.
Rc,;:;'kr"d 48. All nun-t..:stamcntary doeumo::nts dUly registered under this Act. and
docUPIcnll relating to any property. wh.:tt,er moveable or immoveable. shall take etlect
relati". to against any oral agrccment or dcclaration relating to such property. u1les$
properl)'
when tv bke when: the agreement or dcclaration has been accompanied or followed by
"fred ag:.in.t
nroll arree delivery of possession and the samc constitutes a valid transfer under any law for
mCllh the time being in (orce :
Provided that a morlgag..: by depJsit of litledeeds. as defined in section
58 of the Transfer of Property Act. sh"l1 take effect aga inst any mortgage-deed
subsequently executed and regislered which relates 10 the same property.
 Registrolion. 120

49. No document required by section 11 or by any provISion of the Effect 01

non-reRlltr~
Transfer of Property Act or by any law formcrly in force for the registration tion of doca.
of documents in the Union of Burma to be registered sh;dl- mc"ts .equir.
ed to be
(lI) aITect any immovcJhk property comprised therein, or regi.tered.
(b) confer any power to adopt. or
(c) be received as evidence of any transaction affecting such property
or conf~rring such power,
unless it has been registered:
Provided that an unregistered document affecting immo..cable property
may be received as evidenc.: of a contract in a suit for "pecilic performance under
Chapter II of the Specific Relief Act, or as <:videncc of pan performance of
a contract for the purposes of section 53A of the Transfer of Property Act.
or as evidence of any colJat.:ral transaction not required to be effected by
n:gistered instrument.

50. (I) Every document of the kinds mentioned in clauses (0). (b), (c) Certain
relliltercd
and (d) of section 17. sub section (I), and clauses (a) and (b) of section 18. document.
shall. if duly registered, take effect as regards the property comprised therein rclahnll til
I~nd to lake
against every unregistered document reluting to the same propCrty. and not eflrd againlt
being a decree or order, whether such unregisten:d document be of the same un'cto:hh,red
document.
nature as the registered document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso
to subseetion (1) ofscction 17 or to any document mentioned in ,ub-scction
(2) cof the same section. or to any registered document which had not priority
under the law in force on the 1St January, 1909. 1
Explanolion.-In cases where Act No. XVI of 1864 2 or the Indian
Registration Act, 1866, was in forCe in the place and at the time in and at which IncQ XX.
such unregistered document was executed, unregistered" means not registered
,....
according to such Act. and, where the document is executed aflet the lint day
of July, 1871, not registered under the Indian Registration Act. 1871, or the India
1871
"III.

Indian Registration Act. 1877. or the Indian Registration Act.t908, or this Act. 1"llIia til,

PART XI.
....
IM77.
,India XVI,

OF THE DUTIES AND POWERS OF REGISTEAING OFFICERS.

(A) As 10 the RCKislu.booksand Ind('J."('S.

51. (I) The following books shall be kepl,in the ~veral offices hereinafter Rrliltr.
named, namely:- bookltobc
hpl;n the
A-In all registration officcs- Ic\-1ttJ,1
oRier.
Book I. HRegisler of nontestamentary documents relating to immoveabJo
propnty"

I Date of commencement 01 thi. Aet.

I Namely. tho! Regilt,alio:! of Assurance. Act. which w;u reputed by India Ad XX olll66.
 126 Registration.

Book 2 Record of reasons for refusal to register" ;

Book 3 Regist~r of wills and authorities to adopt ", and
Book 4, .. Misct:llaneous Rt:gister ";
B-In the offices of Registrars-
Book S... Register of deposits of wills".
(2) In Book 1 shall be entered or filed all dOCuments or memoranda
registered under ~tions 17. 18 and 89 which relate to immoveable property.
and are not wiUs.
(3) In Book 4 shall be entered all documents registered uroder clauses
(d) and (f) of section 18 ~hich do not relate to immoveable property.
(4) Nothing in this section shall be deeme:l to require more than one set
of books where the office of the Registrar has been amalgamated with the
office of a SubRegistrar.

Ijull" 01 51. (I) (0) The day. hour and place of presentation, and the signature of
r~Ri""ering every person presenting a document for r~gistration. shaJl b~ endorsed on every
officer wh~n
document such document at the time of presenting it;
presmttd. (b) a reipt (or such document shall b<: given by the registering officer to
the person presenting the same; and
(c) subject lo'the provisions contained in section 62. every document
admitted to registration shall without unnecessary delay be copied in the book
appropriated therefor according to the order of its admission.
(2) All such books shall be authenticated at such intervals and in such
manner as is from time to time prescrib~d by thz InspectorG~n:ral.

Entrluto be 53. All entries in each book shall be numbered in a cons:cutive

numba"ed series. which shall commence and terminate with the year. a fresh series
conSC(.IIIi'e
I,. being commenced at the beginning of each year.

CurTf'nt 54. In every office in which any of the books hereinbefore mentioned
indc:xu "'00 are kept. there shall be prepared current indexes of the contents of such books;
~nlrl~.
therrj... . and every entry in such indexes shall be made. so far as practicable.
immediately after the registering officer has copied. or filed a memorandum
of. the document to which it relates.

tndn:" to 55. (I) Four such indexes shall be made in all registration-offices, and
be mad~b)' shall be named. respectivel)'. Index No. I. Index No. II. Index No. III and
rCl:.aterinl:
oKlCer,. and Index No. IV.
Ib~iT ~_
(2) Index No. I shall cOfltain the names and additions of all persons
t~nh.
exc:<:uting and of all persons claiming under every document eotered or
memorandum filed in Book No. I-
() Index No. II shall contain such particulars mentioned in section 21
relating to every such dOCument 3nd memorandum as the InspeclorGeneraJ
from time to time directs in that behalf.
(4) Index No. lIT shall COntain the names and additions of all persons
executing every will and authority entered in Book No.3. and of the executors
 R~gis"Qrjon. .27
and persons respectively appointed thereunder. and after the death of the
testator Or the donor (but not before) the names and additions of all personl
claiming under the same_
(5) Index No. IV shall contain the names and additions of all persons
executing and of all persons claiming under every document entered in Book
No.4.
(6) Eaeh Index shall con lain such 01 her particulars. and shall be prepared
in such form, as the Inspector-General from time to time directs.

S6.
57. (I) Subjcct to the previous payment of the fees payable in that behalf. H~l;iltftlnl
the Books Nos. I and 2 and the Indexes relating to Book No. I shall be at all ~:SiQt:pcc_
times open to inspection by any person applying to inspect the same: and. tionof certal"
subject to the provisions of section 62. copies of entries in such books shall be ~~'~daad
given to al\ persons applying for such copies. to lli,~
(2) Subject to the same prtJvisions. copies of entrieS in Book No.3 and ~c.~\~~~:,
in the Index relating thereto shall be given to the persons executing the docu- ~ntriCi.
ments to whieh such entries relate, or to their agents. and arter the death of
the ~xecutants (but not before) to any perSOn applying for such copies.
(]) Subject to the same provisions. copies of entries i'n Book No. 4 and
in the Index relating thereto shall be ginn to any person executing or claiming
under the documents to which such ~nlriesrespeetively refer. or to his agent
or representative.
(4) The requisite search under this section for entries in Books Nos. 3 aDd
4 shall be made only by the registering officer.
(5) All copies given under this section shall be signed and scaled by the
registering ofticer. and shall be admissible for the purpose of provina the
contents of the original documents.

(B) As to the Procedure on admirtinK to Registration.

58. (I) On every document admitted to registration. other than a copy of P~rlieulal"l
. .
a decree or order. or a copy sent to a regtstenng ffi d .
0 eer un er section
89 do...
tobc~n-
~d on
there shall be endorsed from time to time the following particulars, namely:- document.
~dm;tted 10
(a) the signature and addition of every perlOn admitting the execution r~(i.tr~llol\,
o( the document. and if such execution has been admitted by the
representative. assign or agent of any person. the lianature
and addition of such representalive. assign or agent:
(b) the signature and addition o? every person examined in refercnce
to such document under any of the provisions of Ihis Act; and
(c) any payment of money or delivery of goods made in the prcsence
of the registering officer in reference to the execution or tbe
document. and any admission of receipt of consideration. in
whole or in part. made ~D his presence in reference to lucb
execution.
 128 Registration.

(2) If allY person admitting the execution of a document refuses to endorse

the same. the registering officer shall nevertheless register it. but shall at the
same time endorse a note of such refusal.

Endoae- .59. The registering officer shall affix the date and his signature to all
mentlto be endorsements made under sections 52 and 58. relating to the s:tme document
daled and
'h!.n~d by and made in his presence on the same day.
uiltninli:
"II,.,.
Cnllficate 60. (I) Aner such of the provisions of sections 34. 35. 58 and 59 as
of rqistra- apply to any document pr~nted for registration have been complied with.
lion. lhe registering officer shall endorse thereon a certificate containing the word
.. registered ... together with the number and page of the book in which tbe
document has been copied.
(2) Such Certificate shall be signed. sealed and dated by the registering
officer. and shall then be admissible for the purpose of proving that the
document has been duly registered in manner provided by this Act. and that
the facts mentioned in the endorsements refc:rred to in section 59 have occurred.
as tberein mentioned.

Endorse- 61. (0 The endorsements and certificate referred to and mentioned in

ment. snd sections 59 and 60 shall thereupon be copied into the margin of the Register-
~rtir.cale to
be' collied book. and lhe copy of lhe map or plan (if any) mentioned in section 21
and doc'u- shall be filed in Book No. l.
In4:nt rdlUn- (J) The registration of the document shall thereupon be deemed
od.
complete. and the document shall then be returned to the person who presented
the same for registration. or to such other person <if any) as he has nominated in
writin& in that behalf OD the receipt mentioned in section 52.

Procedure 61. (I) When a document is presented for registration under section 19.
on prt lent the translation shall be lranscribed in the register of documents of lhe nature
Inc docu.
menlln Ian. of lhe original. and. tog~ther with the copy referred to in section 19. shall
ilu1L:e un- be filed in the registration office.
known to
Rflltering (2) The endorsements and certificate respcctiYely mentioned in sections 59
oll\<o,. and 60 shall be made on the original. and. for the purpose of making the copies
and memoranda required by sections 57.64. 65 and 66. the translatiOn shall be
treated as if it were the original.

Powet'to 63. (J) Every registering officer may at his discretion administer an oatb
adminilter to any person examined by him under the provisions of tbis Act.
oa.thl ;and
r<'W"d of ~2) Every such officer may also at his discretion record a note of ihe
lubabnce of substan~e of the statement made by each such person. and such statement
1b,lemull.
shall be read over. or (if made in a language with which such person is not
acquainted) interpreted to him in a language with which he is acquainted. a.ld
if he admits the correctness of such note. it shall be signed by the registering
officer.
 R~gistrQtjon. 129

(3) Every such note so signed shall be admissible for the purpose of
proving that the statements therein recorded were made by the persons and
under the circumstances therein stated.

(C) Sptcial Du'its 01 Sub-Registrar.

64. Every Sub-Registrar on registering a nontestart.entary document Procedure
where docu-
relating to immoveable properly not wholly situate in his own sub-district ment relatet
shall make a memorandum thereof and of the endorsement and certificate to I:m" ill
>:e'el.1 ."b-
(if any) tbereon. and send the same to every other Sub-Registrar subordina~e di.trkt.
to the same Regislrar as himself in whose sub-district any part of such
property is situate. and such Sub.Regimar shall file the memorandum in his
Book No. I.

65. (J; Every Sub-Registrar on registering a nontestamentary document Pr<X"ed"re

relating to immoveable property situate in more districts than one shall also where <Ioc,,-
"'tnt rd,do
forward a copy thereof and of the endorsement and certificate (if any) thereon. t" bnrl in
together with a copy of the map or plan (if any) mentioned in s~tion 21. to "'U"r:a!
diltrktL
the Registrar of every district in which any part of such property is situate
other than the district in which his own sub-district is situate.
(2) The Registrar on r~eiving the same shall file in his Book No. I the
copy of the document and the copy of the map or plan (if any). and shall forward
a memorandum of the document to each of the Sub-Registrars subordinate to
him within whose sub-district any part of such property is situate; and every
Sub-Registrar receiving such memorandum shall file it in his Book No. I.

(0) Special Duties of Registrar.

66. (I) On registering any non-testamentary document relating to Procedure

immoveable properly the Registrar shall for .....ard a memorandum of such :'~:~i~~e~:,..
document to each Sub-Registrar subordinate to himself in whose sub-district doculI,enl'
aoy part of the property is situate. rebU"1 to
land.
(2) The Registrar shall also forward a copy of such document. logether
with a copy of the map or plan (if any) mentioned in section 21.10 every
other Registrar in whose district ",ny part of ,such property is situate.
(1) Such Registrar on receiving any such copy shall 61e it in his Book
No. I. and shall also send a memorandum of the CO;)y to each of the Sub-
Registrars subordinate to him Within whose sub-district any part of the
property is situate.
(~) Every'Sub-Registrar receiving any memorandum under this section
shall 61e it in his Book No. I.
67.
9
 '3D Registration.

() Of 'he Controlling Powers of Registrars and Inspector-General.

68. (I) Every Sub-Registrar shall pedorm the duties of his office under
lblel!trars 10 the superintendence and control of the Registrar in whose district the office
10l'"'r;lIt.,n6
and controt of such Sub-Registrar is situate.
Sub (Z) Enry Registrar shall have authority to issue (whether on complaint
ReJ:islr.ln.
or otherwise) any order consistent with this Act which he considers necessary
in respect of any act or omission of any Sub-Registrar subordinate to him or
in respect of the rectification of any error regarding the book or thc office in
which any document has been registered.
Power of 't. (I) The (nspector-oeneral shall exercise a general superintendence over
Inlp:ctor- all the registration oUices in the Union of Burma. and shall have power from
GePCT..1to
lurerlnliend time to time to make rules consistent with this Act-
rcci.lr:llion
offices ;lnd (u) providing for the safe custody of books. papers and documents;
make .utu. (b) declaring what languages shaH be deemed to be commonly used
in each district;
(c) declaring what territorial divisions shall be recognizcd under
section Z1 ;
(d) regulating the amount of fines imposed under sections Z5 and 34.
respectively;
(e) regulating the exercise of the discretion reposed in the registering
officer by section 63;
U) regulating the form in which registering officcrs are to make
memoranda of dOCuments ;
(8) regulating the authentication by Registrars and SuhRegi~trars of
the books kept in their respective offices under section 51 ;
(h) declaring the particulars to be contained in Indexes Nos. 1.11.111.
and IV. respectively ;
(n declaring Ihe holidays that shall be observed in the registration
offices; and
(j) generally. regulating the proceedings of the Registrars and Sub
Registrars.
(2) The rules so made shall be submilled to the President of the Union
for approval. and. ufter they have been approved. they shall be published in
the Gazette. and on publication shall have effect as if enacted in this Act.
of
POWIll" 10. The Inspector-General Olay also. in lhe exercisc of his discretionr
Inspedor-
GencnllO remit Wholly or in part the differenl:e between any fine levied under section
remit fines. 2S or section 34 and the amount of the proper registration fcc.

. PART XII.

OF REFUSAL TO REGISTER.
R~lons lor 71. (I) Every Sub-Registrar refusing to register a document. except on
refuul to
reghter to the ground that the property to which it relates is not situate .... ithin his sub-
be ro::orded. district. sball make an order of refusal and record his reasonS for such order
in bis book No. 2 and endorse the words .. registration refused" on the
 Registratioll. 131

docum~nt ; and. on application made by any person ~xecuting or claiming

under the docunl~nt. sball. without payment and unnecessary delay. gi"e him
a copy of the reasoos so recorded.
(1) No registering officer shall accept for registration a document so
endorsed unless and until. under the provisions hereinafter contained. the
document is directed to be registered.

71. (I) Except where the refusal is made on the ground of denial of ~lto
ex~cution. an appeal shall lie against an order of a Sub-Registl'ar refusing 10 ~~Is~~r,
admit a document to registration (whether the registration of such dOCument 01 Sub-
is compulsory or optional) to the Registrar to whom such SubRegistrar is ~~~~r
subordinate. if presented 10 such Registrar within thirty days (rom the date o( ftiCi.lr;ation
the order; and the Registrar may reverse or alter such order. :~:~--::.
(Z) If the order of the Registrar directs the document tu be r.:gistered and dc"i;alof
the document is duly presented for registration within thirty days after Ihe al:'l::ution.
making of such order. the Sub-Registrar shall obey the same. and thereupon
shall. so far as may be practicable. follow the procedure prescribed in sections
58. 59. and 60: and such registration shall lake effect as if the document had
been registered when it was first duly presented for registration.

73. (I) When a Sub-Registrar has refused to regisJer a document on the .4.l'f'llc;atlon
In Re~iIlru
ground thai any person by whom it purports to be executed. or his where Sub-
representative or assign. denies its execution. any person claiming under such Rc=~i.tr;ar

document, or his representative. assign or agenl authorized as aforesaid. may. rdu," 10

r("gi.ler on
within thirty days aCier the making of the order of refusal. apply to the Registrar """"dol
to) whom such Sub-Registrar is subordinate in order to eSlablish his dahl to deni;alol
("1:("CUUOIl.
ha ve the document registered.
(2) Such application shall be in writing and shall be accompanied by a
copy of the reasons recorded under section 71, and the statements in the
application shall be verified by the applicant in manner required by law for
the verification of plaints.

74. In such case. and also where such denial as aforesaid is made before Procedure of
a Registrar in respect of a document presented for registration to him. the Relidraton
IUell ;aJlJlllc:a-
Registrar shall. as soon as conveniently may be. enquire- tioo.
(a) whether the dOCument has been executed;
(b) whether the requirements of the law for the time being in force
have been complied with on the part or the OIppJicant or perwn
presenting the document for registration. as the case may be. so
as to entitle the document to reg-istration.

7S. (I) If the Registrar finds that the document has been executed and Ordel' b,
Ihat the said requirements hne been complied with. he shall order the document Ke'!.l.-Itl
"'!tilter ;atld
to ~e registered. pr....edure
(2) If the dOCument is duly prescl'lted for registration within thirty dayl thereO<l.
after tbe making of sucb order. the registering officer shall obey the lame and
 132 R~gjstration.

thereupon shall.s o(ar as may be practicable. follow the procedure prescribed

in sections 58. 59 and 60.
(.1) Such registration shall take effect as if the document had been registered
when it was first duly presented for registration.
(4) The Registrar may. (or the purpose of any enquiry under section 74.
summon and enforce the attendance of witnesses. and compel them to give
evidence. as if he were a civil Court. and he may also direct by whom the'
whole or any part of the costs of any such enquiry shall be paid. and such costs
shall be recoverable as if they had been awarded in a suit und~r the Code of
Civil Procedure.

OrcSer of 76. (I) Every Registrar refusing-

rd'Ilu.1 by
Ht&i~t~r. (a) to register a document except on the ground that the property to
which it relates is not situate within his district or that the
document ought to be registered in the office of a Sub-Registrar. or
(b) to direct tbe registration of a document under section 7 or section 75.
shall make an order of refusal and record the reasons for such order in his
Book No.2. and, on application made by any perSOn executing or claiming under
thl.': document. shall. without unnecessary delay. give him a copy of the reasons
so recorded. .
(2) No appeal lies from aoy order by a Registrar under this section or
section 72.
Suit In ease 77. (I) Where tbe Registrar refuses to orderthe document to be registered
of ofCh:r of
rduul by under section 72 or section 76. any person claiming under such document. or
Regi$lrar. his representative. assign or agent. may. within thirty days after the making
of the order of refusal. institute in the civil Court. Within the local limits of
whose original jurisdiction is situate the office in which the document is sought
to be registered. a suit for a decree directing the docum~nt to be registered in
such office if it be duly pre~nted for registration within thirty days after the
passing of such decree.
(2) Tbe provisions COntain..::d in sub-sections (z) and (3) of section 75 shall.
mutatis mutandis. apply to all documents presented for registration in accordance
with any such decree. and. notWithstanding anything contained in this Act. the
document shall be reccivable in evidence in such suit.

PART XIII.

OF THE FEES FOR REGISTRATION. SEARCHES AND COPIES.

Fees to be 78. The President of the Union shall prepare a table of fees payable-
fiJ:ed by
President. (a) for the registration of documents:
(b) for searching the registers ;
(c) for making or granting copies o( reasons. entries or documents.
before. on or after registration;
 Registration. 133

and of extra or additional fees payable-

(d) for every registration",under section 30 ;
"
(e) for the issue of commissions;
(0 for filing translations;
(gJ for attending at private residences;
(h) for the safe custody and return of documents; and
(i) for such other matters as appear to the President of the Union
necessary to effect the purposes of this Act.
79. A table of the fees so payable shall be published in the Gazette. Publication
and a copy thereof [ * ) I shall be exposed to 01 (ee
public view in every registration office.
80. All fees for the registration of documents under this Act shall be Joec. pa~loble
payable on the presentation of such documents. on presenta-
tion.

PART XIV.

OF PENALTIES.
81. Every registering officer appointed under this Act and every person Penalty lor
incorre.:Uy
employed in his orli.:e for the purposes of this Act. who. being charged with endorling.
the endorsing. copying. translating or registering of any document presented copying,
translating
or deposited under its provisions. endorses. copies. translates or registers such or register
document in a manner which he knows or believes to be incorrect. intending ing docu-
ments with
thereby to cause. or knowing it to be likely that he may thereby cause. injury inient 10
as ddioed in the Penal Code to any person. shall be punishable with inj.re.
imprisonment for a term which may extend to seven years. or with fine. or
with both.
8%. Whoever- Penally for
making false
(a) intentionally makes any false statement. whether on oath or not. ttatements.
deliYerin~
and whether it has been recorded or not. before any officer false coplu
acting in execution of Ihis Act. in any proceeding or enquiry or tran.la-
tlons, false
under this Act; or perlOnation,
(b) intentionally delivers to a registering officer. in any proceeding and abet-
und.er section 19 or section 21, a false copy or translation of a ment.
document. or a false copy of a map or plan; or
(c) falsely personates another. and in such assumed character presents
any document. or mak:es any admission or statement. or causes
any summons or commission to be issued. or does any other
act in any proceeding or enquiry under this Act; or
(d) abets anything made punishable by tbis Act:
shall be punishable with imprisonment for a term which may extend to seven
years. or with fine. or with both .
.- = - - : : c - - - - - - - - - - - - -
I The wonts" ill Engl;I~' :md th~ V"rll .cular bng_,ag~ of the district" were omitted by tlK
Union 01 Burma (A.taptalion or Laws) Order. 1'.148.
 .34 Regutration.
Registering 13. (I) A proseeution for any offence under this Act coming to the
oIiccrUJay
commence, knowledge of a registering officer in his official capacity may be commenced
"""".-
liOD'.
by or with the permission of the Inspector-General or of the Registrar or the
Sub-Registrar in whose district or sub-district. as the case may be. the offence
has been committed.
(2) Offences punishable under this Act shall be triable by any Court or,
officer exercising powers not less than those of a Magistrate of the second
class.

Reglltering 14. (I) Every regisJcring officer appointed under this Act shan be
of&cen to be deemed to be a public servant within the meaning of the Penal Code.
deemed PIll>
IkKrnJlU. (2) Every person shall be legally bound to furnish information to sucb
registering officer when required by bim to do so.
(]) In section 228 of tbe Penal Code. the words" judicial proceeding ..
shall be deemed to include any proceeding under this Act.

PART XV.

MISCELLANEOUS.

Deltf1lclion IS. Documents (other than wills) remaining unclaimed in any registra-
of unclaimed
docllZDents. tion office for a period exceeding two years may be destroyed.
Rlrgbkfinl 86. No registering officer shall be liable to any suit. claim or demand
"""" not
Ii;lble fOl" by reason of anything in good faith done or refused in his official capacity.
thin,: k1tIoI
#b done 01"
rehlltd io
bit offic:ial
capacity.
Nothing so 17. Nothing done in good faith pursuant to this Act or [any Act
done invali-
dated by previously in force] I by any registering officer. shall be deemed invalid
dele.:t in ap- merely by reason of any defect in his appointment or procedure.
pointment 01"
procodllTe:

Regbkation 88. (J) Notwithstanding anything herein contained. it shall not be

of d,lCumenlS
exeeuted by necessary for any officer of Government. or for the AdministratorGenoral.
GoVeTnmeot Official Trustee or Official Assignee. Receiver or Registrar of the High Court
officers or
(ert."lin pub to appear in person or by agent at any registration office in any proceeding
Ilc func- connected with the registration of any instrument executed by him in his
tiooarM::a.
official capacity. or to sign as provided in section 58.
(2) Where any instrument is so executed. the registering officer to Whom
such instrument is presented for registration may. if he thinks fit. reftr to
any Secretary to Government or to such officer of Government. Administrator-
General. Official Trustee. Official Assignee. Receiver or Registrar. as the case
may be. for information respecting the same. and, on beiha: satisfied ot the
execution thereof. shall register the instrument.

I Subsliltlted by the UUiVll o( B,mna (Adapbllon of L;lW') Order. 1948.

 Registration. 135
89. (J) Every officer granting a loan under the Land Improvement Coplea of
Loans Act shall send a copy of his order to tbe registering officer within the certain
drderl.
local limits of whose jurisdiction the whole or any part of tbe land to be certificatet
improved. or of the land to be granted as collateral security. is situate. and and instru-
ments to be
such registering officer shall file the copy in his Book No.1. lent to rells-
(Z) Every Court granting a certificate of sale of immoveable propeny tcrin&
under the Code of Civil Procedure shall send a copy of such certificate to oBk'"
filed. "'"
the registering officer within the local limits of whose juriscJiction the whole
or any part of the immoveable property comprised in such certificate is
situate. and such officer shall tile the copy in his Beak: No. I.
(3) Every officer granting a loan under the Agriculturists Loans Act
shall send a copy of any instrument whereby immoveable property is
mortgaged for the purpose of securing the repayment of the loan. and if any
such property is mortgaged for the same purpoSe in the order granting the
loan. a copy also of that order. to the registering officer within the local
limits of whose jurisdiction the whole or any part of the property so mongaged
is situate. and such registering officer shall tile the copy or copics. u the case
may be. in his Book: No.1.
I (3a) Every officer of a co-operative society granting an agricuUuralloan
shall ~end a copy of any instrument. whereby immoveable property is
mongaged for the purpose of securing the repayment of the loan. to the
n:gistering officer within the local limits of whose jurisdiction the whole or any
pan of tne prop.:ny so mortgaged is situate. and such registering officer shall
tile the copy in his Book No. I.
(4) Every revenue-officer granting a certificate of sale to the
purchaser of immoveable propeny sold by public auction shall send a copy of
the certificate to the registering officer within the local limits of whose
jurisdiction the whole or any part of the property comprised in the certificato
is situate. and such officer shall tile the copy in his Book No.1.

Exemptions trom Act.

90. (I) Nothing contained in this Act shall be deemed to require. or Ezemption
to have at any time required. the registration of any of the following of certain
documentl
documents or maps. namely ;- aeculed by
(a) documents issued. received or attested by any officer engaged in or jn ,a.,our
01 Govem
making a settlement or revision of settlement of land-revenue. _ t
and which form part of the records of such settlement; or
(b) documents and maps issued. rereived or authenticated by any
officer engaged On behalf of Government in making or
revising the survey of any land. and which form pan of tbe
record of such survey; or
(c) documents which. under any law for the time being in force. are
&'led periodicallY in anr revenue office by officers cbarged with
the preparation of village-records; or
1 Inserted bJAd. LXXXII. 19'17.
 136 Registration.

(d) documents evidencing transfers of land or any interest in land on

behalf of the Government.
(2) All such documents and maps shall. for the purposes of sections 48
and 49. be deemed to have been and to be registered in accordance with the
provisions of this Act.
In$petlion 91. Subject to such rules and the previous payment of such fees as the
and copic' of President of the Union prescribes in this behalf. all documents and maps
'L1ch docu+
menis. mentioned in stction 90. clauses (a). (b) and (c). and all registers of the
documents mentioned in clause (d). shall be open to the inspection of any
person applying to inspect the same. and. subject as aforesaid. copies of such
documents shall be given to all persons applying for such copies.

THE REGISTRATION (TEMPORARY PROVISIONS) ACT. 1'47.

(BURMA ACT IX. 1947.] (6th February. 1947.)
WHEREAS by reason of circumstances arising out of the war it is expedient
that temporary provision should be made for the registration of certain
documents;
*
It is hereby enacted as follows :-
ShQl"t till'" L (I) This Act may be called the Registration (Temporary Provisions)
Ind d\lraliOil. Act. 1947.
(2) It shall remain in force until the President of the Union by notifica-
tion shall declare it to be no longer in force.
Del1nilionll. Z. In this Act-
(a) .. the Act" means the Registration Act;
(b) .. emergency period" means the period commencing with the
1st day of December. 1941. and ending with-
(i) the date of promulgation of this Act. or
(ij) the date on which the Registration Office concerned is
re-opened subsequent to the return of the Civil Government
of Burma. whichever is later.
NoTE.-The emergency po=riod con... both the perioo of the ab$ence of the leg..l Goyt<m
ment from Burm;a and thl: period of the British Milltary Administratioll in Burma.
ltegistration 3. NotWithstaDd~' g anything contained in the Act the following
.>f certain
documeats. documents shall b.t
acce ed for fegistration under this Act on payment of the
usual fees prescnbed the,dor under the Act. namely,- I.

(0) doc:uments executed during the emergency period without payment

of such penalty or fine as is prescribed under the Act. if
presented for registration within four mlooths after the
termination of the emergency period. (and on payment of
"'"b1ishcd in Burm4 G4ulte. 1947, Part ~. page 73.
 R~g;$t,atio". 137

sucb penalty or fine, if presented for registration beyond

the fOUI months after the termination of the emergency
period :].1
(b) documents executed during the period of four months prior to the
emergency period (i.e. from 1st August 1941 to 30th November
1941) on payment of such penally or fine as is prescribed under
the Act.
14. The following documents may. if desired. be tender.ed to be placed
on record in the manner to be prescribed by tbe President of the Uoion in
cases where the official Register Books concerned otre found to havc becn
lost or destroyed in consequence of the war :-
(i) documenU in original already registered under the Act.
Oi) registered counterparts or duplicate signed copies of such
documenu. and
(iii) certified copies of documentS. which were already registered
either before or during the emergency period. but the
originals or registered duplicates of which were subsequently
lost.
S. Except as otherwise expressly provided herein, tile Act shall apply Application
to all applications for registration and matters arising therefrom as if this Act of the
Re:ristnlica
had Dot been passed. ACI.
6. The President of the Union lOay make rules 1 prescribing the manner
in which. and the terms and conditions subject to which. any document may
be presented for registration under this Act.
7. The President of the Union may also make rules I and regulationsfor
the reconstruction of private and public documents. title deeds. registration
records and other papers lost or destroyed during the emergency period.
I Inserled by Act LXVIII. 1917.
~ Substituted ibid.
For the ReJ!i.tration (Telllporary Provisions) Rules, 1947, lee Burma Gatdh. 1947, Pari J,
p:1iO 763.
138

PART XVII-TRANSFER OF PROPERTY.

~qSI '211 1I01l~lc]~')St~'lgg
THE TRANSFER OF PROPERTY ACT.
CONTENTS.

CHAPTER ).
PRELIMINARY.
Sections.
1. Extent.
2. Saving of certain enactments. incidents. rights. liabilities. etc.
3. Interpretation clause.
4. Enactments relating to contracts to be taken as part of Contract Act.
CHAPTER II.
ON TRANSFliRS OF PROPERTY BY Acr OF PARTIES.
(A) l'ransfer of Property, whelher mOlleable or immoveable.
5. .. Transfer of properly" defined.
6. What may be transferred.
7. Persons competent to transfer.
8. Operation of transfer.
9. Oral transfer.
10. Condition restraining alienation.
t I. Restriction repugnant to interest created.
12. Condition making interest determinable on insolvency or attempted
alienation.
13. Transfer for benefit of unborn person.
14. Rule against perpetuity.
15. Transfer to class some of whom COme under sections 13 and 14.
16. Transfer to take effect On failure of prior interest.
17. Direction for accumulation.
18. Transfer ill perpetuity for benefit of public.
19. Vested interest.
20. When unborn person acquires vested interest on transfer for his benefit.
21. Contingent interest.
22. 1 ransfer to members of a class who attain a particular age.
23. Transfer contingent on <happening of specified uncertain event.
24. Transfer to such pf certain persons as survive at some period not specif..ed.
25. Conditional transfer.
26. Fulfilment of condition precedent.
27. Conditional transflr to one person coupled with tratlsfer to ano~her
on failure of prior dispositioft.
28. Ulterior transfer conditional on bappening or Dot happening of
specified event.
 Transfer of Property. 139

Sections.
29. Fulfilment of condition subsequent.
30. Prior disposition not affected by invalidity of ulterior disposition.
31. Condition that transfer shall cease to have effect in case specified
uncertain event happens or does not happen.
32. Such condition must not be invalid.
33. Transfer COnditional on performance of act. no time beinl specified for
performance.
34. Transfer conditional on performance of act. time being specified.

Election.
35. Election when necessary.
Apportionment.
36. Apportionment of periodical payments on determination of interest of
person entitled.
37. Apportionment of 1?enefit of obligation on severance.
(8) TranSfer of Immoveable Properry.
38. Transfer by persons authorized only under certain circumstances to
transter.
39. Transfer where third person is entitled to mai'ntenance.
40. Burden of obligation imposing restriction on use of land. or of obligation
annexed to ownership. but not amounting to interest or easement.
41. Transfer by ostensible owner.
42. Transfer by person having authority to revoke former transfer.
43. Transfer by unauthorized person who subsequently acquires interest
in property transferred.
44. Transfer by onc co-owner.
45. Joint transfer for consideration.
46. Transfer tor consideration by persons having distinct interests.
47. Transfer by co-owners of share in common property.
48. Priority oC rights created by transfer.
49. Transferee's right under policy.
SO. Rent bona {ide paid to holder under defecti'.e title.
5). Improvements made by bona fide holders under defective titles.
52. Transfer of property pending suit relating thereto.
53. Fraudulent transfer.
53A. Parr performance.

CHAPTER Ill.
OF SALES OF h.'MOVEABLE PROPERTY.
54. .. Sale" defined.
Sale hew made.
Contract for sale.
55. Rights and liabilities of buyer and seller.
56. Marshalling by subsequent purchaser.
140 Transfer of Property.

Discharge of Incumbrances on Sale.

Sections.
57. Provision by Court for incumbrance and sale freed therefrom.

CHAPTER IV.
OF MORTGAO[,S OF IMMOVEABLE PROPERTY AND CHARGES.

58. .. Mortgage," .. mortgagor." "mortgagee," ,. mortgage-money," and

.. mortkage.deed .. defined.
Simple mortgage.
Mortgage by conditional sale.
Usufructuary mortgage.
English mortgage.
Mortgage by deposit of title-deeds.
Anomalous mortgage.
59. Mortgage when to be by assurance.
s9A. References to mortgagors and mortgagees to include persons deriving
title from them.

.Righrs and Liabiliti~s of Mortgagor.

60. Right of mortgagor to redeem.
Redemption of portion of mortgaged property.
60A. Obligation to transfer to third party instead of retransference to
mortgagor.
608. Right to inspection and production of documents.
61. Right to redeem separately or simultaneously.
62. Right of usufructuary mortgagor to recover possession.
63. Accession to mortgaged property.
Accession acquired in virtue of transferred ownership.
63A. Improvements to mortgaged property.
64. Renewal of mortgaged lease.
65. Implied contracts by mortgagor.
65A. Mortgagor's power to lease.
66. Waste by mortgagor in possession.

Rights and Liabilities of Mortgagee.

67. Right to foreclosure or sale.
67A. Mortgagee when bound to bring one suit on several mortgages.
68. Right to sue for mortgaje-money.
69. P:>wer of sale when valid.
69A. Appointment of reCeiver.
70. AccessiOn to mortgaged property.
71. Renewal of mortgaged lease.
72. Rights of mortgagee in possession.
73. Rigbt to proceedS of revenue sale or compensation on acquisition.
7475. * * * *
 Transfer of Property. 141

Sections.
76. Liabilities of mortgagee in possession.
Loss occasioned by his default.
71. Receipts in lieu of interest.

Priority.
78. Postponement of prior mortgagee.
79. Mortgage (0 secure uncertain amount when maximum is expressed.
80.

Marshalling and Contribution.

81. Marshalling securities.
82. Contribution to mortgage-debt.
Deposit in Court.
83. Power to deposit in Court money due on mongage.
Right to money deposited by mortgagor.
84. Cessation of interest
85-90.
xedemption.
91. Persons who may sue for redemption.
92. Subrogation.
93. Prohibition of tacking.
94. Rights of mesne mortgagee.
95. Right of redeeming co-mortgagor to expenses.
96. Mortgage by deposit of litle-deeds.
97.
Anomalous Mortgages.
98. Rights and liabilities of parties to anomalous mortgages.
99.
Charges.
100. Charges.
101. No merger in case of subsequent incumbrance.
Notice and Tender.
102. Service or tender on or to agent.
103. Notice. etc., to or by person incompetent to contract.
J04. Power to make rules.

CHAPTER V.
OF LEASES OF IMMOVEABLE horEitTY.
lOS. .. Lease" defined.
.. Lessor." "lessee." .. premium" and .. rent" defined.
142 Transfer of Propert)'.

Sections.
106. Duration of certain leases in absence of written contract or local usage.
107. Leases bow made.
108. Rights and liabilities of lessor and lessee.
109. Rights of lessor's transferee.
110. Exclusion of day on which term commences.
Duration of lease for a year.
Option to determine lease.
111. Determination of lease.
112. Waiver of forfcitur~.
113. Waiver of notice to quit.
114. Relic[ against forfeiture for non-payment of rent.
114A. Relid against forfeiture in unain other cases.
J I S. Effect of surrender and forfeiture on under-leases.
116. Effect of holding over.
117. Exemption of leases for agricullural purposes.

CHAPTER VI.
OF EXCHANGES.

118. Exchange" de-fined.

119. Right of party deprived of thing received in exchange.
120. Rights and liabilities o( parties.
121. Exchange of money.

CHAPTER VII.
OF GIFTS.

122. .. Gift " defined.

Acceptance when to be made.
123. Transfer how effected.
124. Gift of existing and future property.
125 Gift to ~everal. of whom one does not accept.
126. Whe'l g "t may be suspended or levoked.
121. Ooerou.) gift.
Onerous gift to disqualified person.
128. Unhrersal donee.
129. Saving of donations mortis causa and Muhammadan law.

CHAPTER VIII.
OF TRANSFERS OF ACTIONABLE CLAIMS.

130. Transfer of actionable claim.

131. Notice to be in writing signed.
132. Liability of transferee of actionable Claim.
 Transfer oJ p,operty 143

Sections.
133. Warranty of solvency of debtor.
134. Mortgaged debt.
135. Assignment of rights under marine or fire policy of insurance.
136. Incapacity of officers connected with Courts of Justice.
137. Saving of negotiable instruments. etc.

THE TRANSFER OF PROPERTY Aer.

[[NOlA A<T [V, 1882.J (11. July, [882.)

CHAPTER I.
PlUJMINAlY.

1. The President of the Union may. from time 10 lime. by notification. I Elleot.
extend this Act or any part thereof to the whole or any specified part of the
Union of Burma and may. from time to time. by notification. exempt. either
retrospectively or prospectively. any part of the Union of Burma from all or
any of the following provisions. namely :-
Sections 54. paragraphs 2 and 3. 59. 107 and 123.
'Notwithstanding anything in the foregoing part of this Sti:tion. sections
54. paragraphs 2 and 3. 59. 107 and 123 shall not extend or be extended to
any district or tract of country for the time being excluded frOm the operation
of the Registration Act under the po.....er conferred by the first section of that
Act or otherwise.
1. Nothing herein contained sball be deemed to affect- ~vlng or
urlain
(a) tnaclmeQl5,
incidtn ta,
(b) any terms or incidents of any contract or constitution of property righi" liabi
which are consistent with the provisions of this Act. and are HUe" ttc.
allo.....ed by the law for the time being in force.
(c) any right or liability arising OUI of a legal relation constituled before
tbis Act comes into force. or any relief in respecl of any such
right or liability; or
(d) save as provided by seclion 57 and Chapter IV of this Act. any
transfer by operation of law or by, or in execution of. a decree or
order of a Court of competent jutisdiclion ;
-and nothing in the second Chapter of Ibis Act shall be deemed to affect
any rule of Muhammadan law.

t Tbc wbole Act l.u btea eattndtd, with dftct r,om the %Znd Dembu, 1924. to tbe whole
or BUrma ucept cerla.iJl 'ped6ed art ; lee 8_",,, Car,U,,1924, P~rI I, p3lt 1082.
I Tbut p1O\iaionstJ:tend tonerycutonmCClt I. the Union 01 Duma: KC MCUoa. 287 0{ the
CanlocllMnla Act.
 144 Transfer of Property.

Interpreta- 3. In this Act. unless there is something repugnant in the subject or

tiOn c;);\ute.
context.-
.. immoveable property" does not include standing timber. growing
crops or grass:
.. instrument" means a non-testamentary instrument ;
.. attested". in relation to an instrument. means and shall be deemed
always to have meant attested by two or more witnesses each of
whom bas seen the executant sign or affix his mark to the
'lnstrument or has seen some other person sign the instrument in
the presence and by the direction of the executant. or has received
from the executant a personal acknowledgment of his signature
or mark. or of the signature of such other person. and each of
whom has signed the instrument in the presence of the executant ;
but it shall not be necessary that more than one of such witnesses
shall have been present at the same time. and no particular form
of attestation shall be necessary;
.. attached to the earth'" means-
(a) rooted in the earth. as in the case of trees and shrubs
(b) imbedded in the earth. as in the case of walls or buildings; or
(c) attached to v.hat is so imbedded for the permanent beneficial
enjoyment of that to which it is attached;
.. actionable claim" means a claim to any debt. other than a debt secured
by mortgage of immoveable property or by hypothecation or
pledge of moveable property. or to any beneficial interest in
moveable property not in the possession. either actual or
constructive. of the claimant. which the civil Courts recognize as
affording grounds for relief. whether such debt or beneficial
interest be existent. accruing. conditional or contingent;
a person is said to have" notice" of a fact when he actually knows that
fact. or when. but for wilful abstention from an inquiry
or search which he ought to have made. or gross negligence. he
would have known it.
Explanation I.-Where any transaction relating to immoveable property
is required by law to be and has been effected by a registered instrument. any
person acquiring such property or any part of. or share or interest in. such
propeny shall be deemed to have notice of such instrument as from the date
of registration or. where the property is not all situated in one sub-district. or
where the registered instrument has been registered under sub-section (2) of
section 30 of the Registration Act. from the earliest date on which any
memorandum of such registered instrument bas been filed by any Sub-Reg,istrar
within whose sub-district any part of the property which is being acquired. or
of the property wherein a share or interest i.s being acquired. is situated:
Provided that-
(1) the instrument has been reeistered and its registration completed in
the manner. prescribed by the Registration Act and the rules
made thereunder.
 Transfer 01 Property. 145

(2) the instrument or memorandum has been duly entered or filed, as the
case may be. in books kept under section 51 of that Act. and
(3) the particulars regardins the traosacHon to which the instrument
relates have been correctly entered in the indexes kept under
section 55 of tbat Act.

Explanotion I/.-Any person acquiring any immoveable property or any

share or interest in any such property shall be deemed to have notice of the title.
if any. of any persoo who is for the time being in actual possession thereof.
Explanation I/l.-A person sball be deemed to have hid notice of any
fact if his agent acquires notice thereof whilst acting on his behalf in the course
of business to which that act is material; ,
Provided that. if the agent fraudulently cOnceals tbe fact. the principal
shall not be charged with notice tbereof as against any person who was a party
to or otherwise cognizant of the fraud.

4. The chapters and sections of this Act which relate to contracts shall Eo"clln,r.b
be taken as part of the Contract Act rtiaUn.c: \0
ronlr:actl 10
And sections 54. paragraphs 2 and 3, 59. 107 and 123 shall be read as bll !.Iten:lll
IJliI t of Con~
supplemental to tbe Resistration Act tract Act.

CHAPTER II. '

OF' TRANSFERS OF PAOPUTY BY Acr OF PAUlES.

(A) Tram/er 0/ Property, whether moveable or immoveable.

5. In the following seclions .. transfer of property" means an act by which Trantrn of
a living person conveys property. in present or in future. to one or more other ~~~~~ .
Jiving perSOns. or to himself or to himself and One or mote otber liVing perlOn..
and .. to transfer property" is to perform such act.
In this section "living person" includes a company or usoc:iation or body
of individuals. whether incorporated or nol. but nothing herein contained shall
affect an)' law for tbe time being in force relating to transfer of property to or
by companies. auociatioftt or bodies of individuals.

6. Property of any kind may be Iransferred. except as otherwise provided What Ina,"
by this Act or by any olber law for the time being in force.' tranderred.
(a) The chance of an heir-apparent s\JCI.eeding to an estate. the chance of
a tclatioD oblainina a legacy on tbe deatb of a kinsman. or any other mere
pouibility of a like nature. cannot be transferred.
(b) A mere right of re-entry for breacb of a condition subsequent cannot
be transf~rred to anyone except the O'4ner of the property affected thereby.
~-----------------------
1 N.....biu; in Cluptu II If 10 be d:ell:l~ to :dfeet lar nle Of !I("hall:llaad&n Law
lee su:lioa 1.

10
 146 Transfer of Properly.

(c) An easement cannot be transferred apart from the dominant heritage.

(d) An interest in property restricted in ils enjoyment to the owner
peuonally caDnot be transferred by him.
(dd) A right to future maintenaoce. in whatsoever manner arising.
aecured or determined. cannol be transferred.
(e) A mere right to sue cannol be transferred.
(f) A public office cannol be transferred. nor can the salary of a public
ofliur. whether before or after it hu become payable.
(g) Stipends allowed to military. airforce and civil pensioners of
Government and.political pensions cannot be transferred.
(h) No transfer can be made (1) in so far as it is opposed to the nature
of the interest affected thereby. or (2) for an unlawful object or consideration
within the meaning of section 23 of the Contract Act. or (3) to a person
legally disqualified to be transferee.
(I) Nothing in this section sball be deemed to authorize a tenant baving
an untransferable rigbt of occupancy. or the farmer of an estate in respect of
wbich default has been made in paying revenue. to assign bis intere3t as sucb
tenant or farmer.

Per.OIl' 7. Every person competent to contract an:! entitled to transferable

c.ompdent property. or authorized to dispose of transferable property not his own. is
to tIllA$fet.
competent to transfer .,uch property either wholly or in part. and either
absolutely or conditionally. in the circumstances. to the extent and in the manner
aUowed and prescribed by any law for the time being in force.

Openli.ln of . Unless a different intention is expressed or necessarily implied. a transfer

transfer. of property passes forthwith to the transferee all tbe interest which the transferor
is tben capable of passing in the property. and in the legal incidents thereof.
Sucb incidents include. where the properly is land. the easements annexed
tbereto. the rents and profits thereof accruing after the transfer. and all things
attached to the earth ;
and. where the property is machinery attached to the earth. the moveable
parts thereof;
and. where the property is a house. the easements annexed tbereto. the
rent thereof accruing after the transfer. and the locks. keys. bars. doors. windows.
and all other things pro\'ided for permanent uso therewith:
and. where the property is a debt or other actionable claim. the securities
therefor (ell:.cept where they are also for other debts or claims not transferred to
tbe transferee). but not arrears of interest accrued before the transfer;

and. where tbe property is money or other property yielding income. the
interest or income thereof accruing after the transfer takes effect. .
" A transfer of property may be made without writing: in every case in
which a writing is not expressly required by law.
 TraM/" 0/ Pro/Uny. 147

I'. Where property is transferred subject to a condition or limitation Condllloa

absolutely restraining the transferee or any person claiming under him from rnlninlnl
,llenalH.n.
parting with or disposing of his interest in the property. the condition or
limitation is void. except in the case of a lease where the condition is for the
benefit of tbe lessor or those claiming under him: Provided that property
may be transferred to or for the benefit of a woman (not being a Hindu.
Muhammadan or Buddhist) so that she shall not have power during her marriage
to transfer or cbarae the same or her beneficial interest therein

11. Where. on a transfer of property. an interest tbe"in is created R"strldloa.

,epo,unl
absolutely in favour of any person. but the terms ot tbe transfer direct tbat to intcrelt
sucb interest shall be applied or enjoyed by bim in a particular manner. be created.
sball be entitled to receive and dispose of such intere.st u if there were
nO sucb direction.
Where any such direction bas been made in respect of one piece of
immoveable property for the purpose of securing the beneficial enjoyment of
anotber piece of such property. nothing in this section shall be deemed to affect
any right whicb the transferor may have to enforce such direction or any
remedy which he may have in respect of a breach thereof.

1%, Whero property is transferred subject to a cOJldition or limitation ConclJUun

m~kina:
making any interest therein. reserved or given to or for the benefit of any person. Intereilt
to cease on his becoming insolvent or endeavouring to transfer or dispose of determina
tbe same. such condition or limitation is void, ble Oft
insolvent, Of
Nothing in this section applies to a condition in a lease for the bencfit of attempted
atienation.
the le.saor or those claiming under bim..

13, Where. on a transfer of property. an interest therein is creatcd for the TfUllfer (<<
benefit of a person not in cxistencc at thc datc of the Iransfer. subject to benefit of
a prior interest created by the same transfer, the interest created for the benefit ~""'.
pcrlOll.
of such person shall not lake effect unless it extends to the whole of the
remaining interest of the transferor in the property.

InM~riIJllo.,

A transfen P'O\>erty of whicb he It the owner 10 B io tru,I for A and hil intended ..Ue
suecellively for their lives, and, ancr Ihe dealh of the Sllfyjo"Dr, for the eldest ,on nlthe inlended
marrUle 1M Iii.. and alter bit death lor A" ,econd IOn. Tbe Interest so crcted lor the benefit
of Ihe ddt,I Ion does not tate effect, because it does not ulend 10 the wbole uf A'I remain;nJt:
Inleralln Ibc propcrl,.

14, No transfer of property can operate to crealc an interest which is to Rule afW*
take effect after the life-time of one or morc persons living at the datc of sucb PC~U111,
transfer. and the minority of some person who shall be in existencc at
the ~piration of that period, and to whom. if he aUains fuJI age. the inlerut
created is to belonl
 148 Transfer of Property.

1'Tlinsfer to 15. If. on a transfer of property. an interest therein is created for the
cluJ rome of benefit of a class of persons with regard to some of whom such interest fails
whom ecme
undtr by reason of any of the rules contained in sections 13 and 14. such interest fails
aeelio". U in regard to those persons only and not in regard to the whole class.
and 14.
Trander lu 16. Where. by reason of any of the rules contained in sections 13 and 14.
takc effect an interest created for the benefit of a person or cf a class of persons fails in
on bibre regard to such person or the whole of such class. any interest created in the,
of prior
lnt~rest. same transaction and intended to take effect after or upon failure of such prior
interest also faJls.

Dlrtelion for 11. (t) Where the terms of a transfer of property direct lhat the income
accumula- arising from the property shall be accumulated either wholly or in part during
tion.
a period longer than-
(0) the life of the transferor. or
(b) a period of eighteen years from the date of the transfer.
such direction shall. save as hereinafter provided. be void to the extent to which
the period during which the accumulation is directed exceeds the longer of the
aforesaid periods. and at the end of such last-mentioned period the property
and the income thereof shall be disposed of as if the period during which the
accumulation has been directed to be made had elapsed.
(2) This section shall not affect aoy direction for accumulation for the
purpose of-
(j) the payment of the debts of the transferor or any other person taking
any interest under the transfer. or
(ii) the provision of portions for children or remoter issue of the
transferor or of any other person taking any interest under the
transfer. or
(iii) the preservation or maintenance of the properly transferred ;
and such direction may be made accordingly.

Transfer In 18. The restrictions in sections 14. 16 and 17 shall not apply in the case
perpetliity of a transfer of property for the benefit of the public in the advancement of
ror lxnelit of
pUblie. religion. knOWledge. commerce. health. safety or any other object beneficial
to mankind.
Vested 19. Where. on a transfer of property. an' interest therein is created in f.avour
h;teresL of a person without specifying the time when it is to take effect. or in terms
specifying that it is to take effect forthwith or on the happening of an event
which must happen. such inter~st is vested. unless a 'contrar)' intention appears
from the termS of the transfer.
A vested interest is not defeated by tbe de~th of the transferee belote he
obtains possession.
E):p]anation.-An intention that an interest shall not be ,vested is not to be
inferred merely ~rom a provision whereby the enjoyment thereof is postpOned.
or whereby a prtor interest in the same property is given or reserved to some
 Transfer 0/ Propcmy. 149
other person, or whereby income arising from the properly is directed to be
acculDulated until the time of enjoyment arrives. or from a provision that if a
particular e\ent sball happen the interest shall pass to another persoo.

10. Where. on a (Iansfer of properly. an interest tberein is created for the w ....
unborll ra- A

benefit of 3 I=erson not then living. he acquires upon his b.irth. unless a contrary .0lIl acquires
intention appears from the terms of the (Iansfer. a vested inlerest. although be vuled
interest ~
may not be entitled to the enjoyment thereof immediately OD his birth. tramJ".. fo..
hi" benefit.
:no Where. on a transfer of property. an intwest therein is created in Ccntingent
illtere~.
favour of a person to take effect only on the happening of a specified uncertain
ever'lt. or if a specified uncertain event shall not happen. such person thereby
acquires a contingent interest in the property. Sech inter-est becomes a vested
interest. in the former C.3se. on the happening of the event. in the latter. when
the happening of th: event becomes impossible.
:cceprion.-Where. under a transfer of property. a person becomes entitled
t::> an interest therein upon attaining a particular age. and the transferor also
ghes to him absolutely the income 10 arise from such interest before he reaches
that age. or directs the income or so mu<:h thereof as may' be necessary to be
applie:l for his benefit. such interest is not contingent.

:n.Where. on a transfer of prop:rty. an interest therein is created in favour Transfer 10

of such members only of a class as shall attain a particular age. such interest member. of a
class 110'110
does not \"est in any member of the class who bas not attained that age. attaill a rar-
lie~hr age.
1J. Where, on a transfer of property. an interest therein is to accrue to Tranller
a specified person if a specified uncertain event shall happen and no time is contin~erll
on happcnin,
mentioned for the occurrence of that event. the interest tails unless such event flf peci lied
happens before. or at the sante time as, the intermediate or precedent interest uncertain
eyent.
ceases to exist.
14. Where, on a transfer of property, an interest therein is to accrue to Tranlfer to
such of certain persons as shall be surviving at some period. but tbe exact period such of tu.
bin petlon.
is not specified, tbe interest shall go to such ot them as shall be alive when the a. sllnivc at
intermediate Or precedent interest ceases to exist unless a contrary intention -.omc period 1
notreclfied.
appears from the terms of the transfer.

JI ,,~.I ral w".

A transfeu property to B for life, and artcr hi. de lth to C an I D. equallv 10 be dhid"d
betwlfIen them, or to lh~ tuT\'ivor of the.n. C diu duri"g lhe life of U. D IUf\"h' B. At B',
death Ibe properl)' pauel to D.

15. An interest created on a Uansfer of property and dependent upon a ConJitlOlllal

condition fails if .he fulfilment of the conditiOn is impossible. or is forbidden transCct.
by law, or is of such a nature that. if pennitted. it would defeat the provisions of
any law. or i~ fraudulent. or involves or implies injury to the person or property
of another, or the Court regards it as immoral or opposed to public policy.
 ISO Transfer of Property,

1II.Jl'lIliitru.
faJ A letl a brln to B on coaditioa thoot he 1h.,,11 walk a huDdred mllet In aD hour.
The In,e If Vol>!.
(II. A Ghes Rt. 500 I... 11 on condition ttl31 he thall marry A'I cbuJI,hltr C. At the date
of the tr.lnsf"r C was dead. The lransfer ia "old,
Ie) A lrantrert RI. SOO to tI on coudition tllat he Ihall mun!er C. The transler .1
void.
'If) A transfe" RI, 500 10 hit nIece C, if Ille will ~.c:f her hu~b:lnd. The leander I.
void,

P'alfilmenl 16. Wher= tbe terms of a transfer of property impose a coodition to be

Of condilion fulfilled before a person can take an interest in tbe property, tbe condition shall
prceedellL
be deemed to bave been fulfilled if it has been substantially complied witb.
J/llIst,ali"".
(al A tran.re... RI. 5.000 til B on conditiOQ that he tball marry ,.Ith the connnt 01 C,
D and E. d.iet. B marries with Ihe c:oasmt of C and D. B is deemed to hue Ilil/illed Ihe
coaJiti II,
(II' A tnnlkfl RI. 5,t60 to B on conditl,Jll that he thall marry Wllh the eonsmt of C.
D and E. 8 marrin without the content of C. D aad E, but ebbins thdr c )IIlent an.., Ibe
manlal:e. B hat nol: fuJlll:d the conditioa.

CoDditiOllal 27. Where. on a transfer of property. an interest therein is created in favour

transln to of One person, and by the same transaction an ulterior disposition of the same
f)ne ('lcrlon
<:Gupled .....ith interest is made 'in favour of another. if the prior disposition under the
transfer to transfer shall fail. tht ulterior disposition shall take effeCt upon the failure ot
alKllber on
fa'lure of the prior disposition. although the failure may not have occurred in the mannor
frlor di.. contemplated by the transferor.
1"O'iliOA.
But. where the intention of. tbe parties to the transactiOn is that the
ulterior disposition sball take effect only in the event of the prior disposition
failing in a particular manner. tbo: ulterior disposition shall not take effect
unless tbe prior disposition fails in that manner.
1I1t,1I1 ;0"'.
(if A I""nllen Ri. SOO 10 8 001 ooodition lba.l he thall e:ucdc a clrtain leue within. three
mouths after 04'1 dtath. and. if he thoul4 ne&lcct to do to, to C. B diet In A'. life_throe. 'Ibc
dilp<lll'ltioll in lavoolr 01 C I:);" dfetl,
el) If Iransten IllOpelt)' 10 his wile; hili. In calC me thooJd die III hiIUfe-time. tr1l/l'fen
to B thai whkh he h;ld uallderrlln hcr. A alld hit wife r-erith tOI:f1her, under clrcumllanett
which make it hll('Ql.lible to pro,.. that she died bd"OI"e him. The dilJ'!O'ition In favo: r ..r B
don not ta~, effect.

Ullertor 18, On a transfcr of property an inlerest therein may be created to accrue

INnlfer con- to any person with the condition superadded Ihat in case a specified uncertain
d tional on
happeninear event shall happen such interest shall pass to another person, or that in case a
ant hap('len specified uncertain event sball Dot happen such interest sball pass to another
inL III
apedfied penGn. In each case the dilpositions are subject to tbe rules contained in
e\"ent. sections 10. 12. 21. 22, 23. 24. 25 and 27.

l'-lIlfilmentof n. An ulterior disposition of tbe kind contemplated by the lut pr:eding

c:ot>ditioa section cannot take effect unless tbe condition is strictly fulfilled.
11ibaequeDl.
JUII4rIll.IMI.
A tralltrt.n ~, SOO.10 B, to be paid 10 him on his attaialnl:" hi. ,najorit, or marryin,.
with s prov:!to thai f B dlort a minor or maniu withoul C'I conunl. the RI. SOlI than 10 to
D. it marnC!l when only 11 ytan of ;lIe, without Ct conlent. The IrlntreT to IJ btu efltcl.
 Transfer 0/ Propert)'. lSI

30. If the ulterior disposition is not valid. the prior disposition is not Prior di~llOIl
lion nOl
affected by it. afJecttd by
'in~aJldily of
illustration. ulterior
A transrer~ a farm to B for her Ufe. and, If she do nol duert her hutband, to C. B Is disposition.
clllilled 10 the farm during her life at if nOCOlldiliun had WI) lnterted.

31. Subject to the provisions of section 12. on a transfer of property an Condillon

interest therein may be created with the condition superadded that it shall ceue that Iransfer
sllall cease 10
to exist in case a specified uncertain event shall happen or in case a lIave effectin
specified uncertain event shall not happen. case.pccil1e<l
uncertain
event hap-
1I1llSt rat "",s. penS or doetl
not hapl'Cl'l.
fa}.4 tlansf(f! a farm 10 B for hlslif<.', with a provlfo thai, In cale B CI.ts down a cerlain
wcod, Il'Ie tranller .hall celie to ha\'e .ny entct. B cuts down Ihe wood. He loses hll life-
interest in the farm.
(b) .4 transfers a {arm 10 B. provided that, if B shall not litO 10 England wiUllll three years
.H<.'T the date of the tu.nsfa. hi, in~eTeJt in the farm shall cease. fJ docs IlOt 10 to England
within the term presc. ibed. His inlcrcsl in the farm ccaSI:I.

31. In order that a condition that an interest shall cease to exist may be Such condi_
I!lUlt not
valid. it is necessary that the event to which it relates be one Which could legally lion
be invalid.
constitute the condition of the creation of an interest.

33. Where, on a transfer of property, an interest therein is created subject TraJIIlfer

to a condition that the person taking it shall perform a certain act. but no time condillonal
on perfor-
is specified for the performance of the act, the condition is broken when manee of act.
he renders impossible. permanentlY or for an indefinite period. the performance no time
being
of the act. specified for
perfor.Danot'.
34. Where an act is to be perrormed by a person either as a condition Tran.rer
to be fulfilled before an interest created on a transrer of property is enjoyed conditional
on perfor-
by him. or as a condition on the non-fulfilment of which the interest is to mance of
pass from him to another person. and a time is specified for the performance act, time
being
of the act. if such performance within the specified time is prevented by the specified.
fraud of a person who would be directly benefited by non-fulfilment at the
condition. such further time shall as against him be allowed for performing
the act as shall be requisite to make up for the delay caused by such fraud.
But if no time is specified for the performance of the act, then, if its perfor-
mance is by the fraud of a person interested in the non-fulfilment ot the
condition rendered impossible or indefinitely postponed. the condition shall AI
against him be deemed to have been fulfilled.
Election.
35. Where a person professes to transfer property which he has no right ElcdiOll
w.~
to transfer. and as part of the same transaction confers any benefit on tbe nccuuty.
owner of the Aroperty. such owner must elect either to confirm such transfer
01' to dissent from it; and in the tatter case he shall relinquish the benefit so
conferred, and the benefit so relinquished shall revert to the transferor or his
representative as if it had not been disposed of.
152 Transfer 01 Property.

subject nevertheless
where the transfer is gratuitous. and the transferor bas. before the
election. died or otherwise become incapable of making a fresh transfer.
and in all cases where the transfer is for consideration.
to the charge of making good to the disappointed transferee the amount
or value of the property attempted to be transferred to him.
J, IlIjl Tal. 011$.
The farm of H~a~'bi i. the propnty of C and worth R$. 800. If by an instrument ?f gill
flrof."$$~ 10 Iran,fer it to 8, gidng bv the ume instrulllcnt I<s. I,OLO to C. C clcels to ret.1I11 the
fJ.:m He forfeit!! Ihef!. fl (jf Hs.J,OOO.
In the same ca$C, ..t dies before IhJ decUon. His representative mu,t (>t;l of the
Rs. I.COO pay RI. 800 10 R.
The rule in the first paragraph of this section applies whether the
transferor does or does not b:lieve that which he professes to transfer to be
his own,
A person taking no benefit directly under a transaction. but deriving a
benefit under it indirectly. need noC eleci.
A person who in his one capacity takes a benefit under the transaction
may in another dissent therefrom.
Exception to the lasl preceding Jour rules.-Where a particular benefit is
expressed to be conferred on the owner of the property which the transferor
professes to transfer. and such benefit is expressed to be in lieu of that
property. jf such owner claim the property, he must relinquish tbe particular
benefit. but he is not bound to relinquish any other benefit conferred upon
him by the same transaction.
Acceptance of the benefit by the person on whom it is conferred
constitutes an election by him to confirm the transter. if he is aware of his
duty to elect and of those circumstances which would inftuence the judgment
of a reasonable man in making an election. or if he waives enquiry into the
circumstances.
Such knowledge or waiver shall. in the absence of evidence to the
contrary, be presumed if the person on whom the benefit has been conferred
has enjoyed it for two )'ears without doing any act to express dissent.
Such knowledge or waiver mat be inferred from any act of his which
renders it impossible to place the persons interested in the property professed
to be transferred in the same condition as if such act had not been done.

Illtlslr"t iOIl.
A lra~sfers to B aI, esl:lle. to whh!h C!s entUled and ;'IS part of lh~ ume Irar:ucHon gives
C a coat-mme. C I;;ku r-ls~lISlon uf the mme and ellh:u.. s~s it, He has thereby confirmed the
transltr of lh: Istate to 1;. <

If he does not within one year after the date of the transfer sisnify to
the transferor or his representatives his intention to confirm or to dissent from
.. the transfer. ,the transferor or his representatives may. upon tl'.e expiration,ot
that p:riod. require him to make his -election: and if he does not comply
. with such reQuisition within a reasonable time after he h:u received it. he
shall be deemed to have elected to confirm the transfer.
 TransJ~r uJ Prop~rIY. 103

In case of disability. the dection shall be postponed until tbe disability

ceases. or until tbe election is made by some competent authority.

Apportionm~nt.

36. In the absence of a contract or local usage to the contrary, all reDts. ApPM1I~
III nt of
annuities. pensions. dividends, and other periodical payments in the nature of JK."f"!odIeal
income shall. upon the transfer of the interest of the person entitled 10 receive pJVlntnt. on
' accrue ti<1fl
such payments. be deemed. as be t.... een the transferor and transferee, to dLt~r1.inJ
of '
due from day to day, and to be apportionable accordingly, but to be payable intcrt'lltoI
on the days appointed for the payment thereof. . ~:U~d.

37. When. in consequence of a transfer. property ia divided and held in Apportion

se"'eral shares. and thereupon the benefit of any obligation relatina to the mtnl of
bene6t of
propert)" as a whole passes from one to several owners of the property. tbe obllf.lllOD QII
corresponding duty shall. in the absence of a contract 10 the contrary amongst t . .e.'abet.

the owners, be performed in favour of each of such owners in proportion to

the value of his share in the property, provided that tbe dUly can be senrcd
and thai the severance does not substantially increase the burden of the
obligation; but if the duty cannot be severed. or if the severance would
substantially increase the burden of the obligation. (he duty shaD be
performed for the benefit of such one of the several owners as tbey lban
jointly designate for that purpose :
Provided that no person on whom the burden of the obligation liet Iban
be answerable for failure to discharge it in mlnner provided by thi' aectioo.
unless and until be has had reasonable notice of tbe severance.
Nothing in this section applies. to leases for agricultural purpose. unless
and until the President of the Union. by notification in the Gazette. SO directJ.

11I1l1r1"i!hJ1.
(4) A sell. t.> 8, C and D a hou.e .ltu~te in ~ villat" and lea,ed 10 E at an annual rent Of
Rs. 30 and deliver.l of one fal shttp. (J h wlnll'ro"ided half the pl'rchase-nIOfleyand C .and D
onequaller each. E ha"ing not;u~ of this, 1LI~.t pay Rs. 15108, R. 1i 10 C. Ind R.,1' to D.
and mllst deliver lhe .heeV according 10 the joint diredk,n of 11, Canti D.
(b. In Ihe tame ease, eacll hou~e In t:l.e \'iIl~g" hin.: boand 10 pro,lde len d,,},. labtxIr
each rcar 011 ad, kc 10 rreY"nt hlundaliOll. I:; hold all:r~td u a term of hi. leaK to perform this
WOlk for A. 8, 'c and D ,cvc-rJ.J1t require , to pelform the tell da},,' wen due 0/1 ac:alURt of
the houle of each. Ii not bound tn do more thin ttn day'. wort ia all. accordln, to.acb
dirtc,ion. as B, C and D m;!y j.Jin in giving,

(B) TransJtr oj Immovca1~ PropUIY.

38. Where any person. authorized only under circumstances in their nature Tr ...,cr lit
variable to dispose of immoveable property. transfers such property for perMuuthl>

consideration, a Ueglng eXIStence
tl.e . 0 f sucb circumstances. tbey shaD. al rUed onl,
undore.c:rtal.
between the transferee on the one part and tbe transferor and other perlOn (if clrelUll'm.
an,) affected by the transfer on tile ot~er part. be deemed to have existed. if :::ttf.
tbe transferee. after using reasonable care to ascertain tbe existeDCe of lucb
citcumstances. has acted in good faicb.
 154 Transfer of PrOperly.

JUl4trQji(ln.
A, a Hindu widuw whose husband hal left COILteral belu, alleging Ibat the properly
held by her aI sucb Is insufficient for her mainten:'lrlce, agrees, f<Jl' pJrl'Olel neither leligiol:.'
nor cbaritilble, to .dl a field, {lllrt of such prnperty. 10 B. 8 salisfiel himself by reasOrlable
enquiry Ihat the income of tile prol'erty Is insufficient lor A's lIlainknam;e. and that the sale
of the field i. ncCCSlJ.ry. anlll. acting in e:ood failh, buyft the field from A" As belween B on the
one put and A and the collateral hein on Ihe olher part a ntccs~ily for the salJ shall be deemed
to have ezisted.

TrUl.fer 39. Where a third porson has a right to receive maintenance or a

where third 'provision for .advancement or marriage from the profits of immoveable
pCl'.on is
entilled 10 property. and such property is transferred, the right may be enforced against
maiQtenallcc. the transferee if he has rtotice thereof or if the transfer is gratuitous; but not
against a transferee for consideration and without notice of the right, nor
against such property in his hands.

Hurdca of 40. Where. for the more beneficial enjoyment of his own immoveable
obligation property. a third person has. independently of any interest in the immoveable
ilnpo,ine:
rnlri,Uonon property of another or of any easement thereon. a right to restrain the
UIe ... f land.
enjoyment in a particular manner of the latter property. or
or of oblij{a. where a third person is entitled to the benefit of an obligation arising
lion iUlnexed out of contract and annexed to tbe ownership of immoveable property. but not
tD ownership
but not amounting to an interest therein or easement thereon.
amolQlllne to such right or obiigation may be enforced against a transferee with notice
Intentt or
easement. thereof or a gratuitous transferee of the proprty affected thereby. but not
against a transferee for consideration and without notice of the right or
obligation. nor against such property in his bands.

llJ"dralif1".
it loontracts 10 .ell a farm to B. While Ihe contncl I. still in (orce he SCllll the falm to
C, who has notice 01 the contract. B may enforce the contract ilI:ainlt C to the lime utent II
alalnat A.
Trander by 41. Where. with the consent. express or implied. of the persons interest-
ottentlbl.
owner. ed in immoveable property. a person is the ostensible owner of such property
and transfers the same for consideration. the transfer shall not be voidable on
the ground that the transferor was not authorized to make it: provided that
the transferee. after taking reasonable care to ascertain that the transferor had
power to make the transfer. has acted in good faith.
TrantfClr by 41. Where a person transfers any immoveable property. reserving power
penon hav.
In, authorlly to revoke the transfer, and subsequently transfers the property for considera.
to revoke tion to anotber transferee. sucb transfer operates in favour of such transferee
former
traud..... (subject to any conditiOn attached to the exercise of the power) as a revxa.
tion of the former transfer to the extent of the power.

lUuslra/wlI.
A lei. a houle 10 B, and relen"es po.ver fa revoke the le:llle If. in the opinion or a specilioed
.on"cyor. B should make a Ult olll detrimental to ita valne. Afterwards A. thinking that ....eh
a...se has been made, It'l. Ihe houe to C. Thil operates at ;I. revocatioll of B's lease subj1 10
the optnlon oJ lhe s...rveyor .... 10 B't use of tile houlIC having bc:-en detrimenbllO its value.
 Trans/er 0/ Property. 155

43. Where a person fraudulently or erroneously represents that he is Trm,rer by

authorized to transfer certain immoveable property and professes to transfer :::,~~II~d
such property for consideration, such transfer shall, at the option of the" .ubaequenU,
transferee, operate On any interest which the transferor may acquire in such I uiru, acq,

" " . nett.lo

property at any time dunng whIch the contract of transfer subsists. pt'opI:rt)'
lraAlftrrcd
Nothing in this section sball imp~ir the right of transferees in good faitb
for consideration without notice of th~ existence of the said option,

.4, ~ Hind". who hils separllted from his father D .ells 10 C three fitld., X, Yand Z,
j

rtprtleilling t'!;lt A. is authorized tv transfer the s; me. Of t:le.e field. Z does not betan, 10
A, it bllYI"g been rel<line:l b\' B on Ihe partitiun; but on S', dying A. .as heit obtains Z. C, not
bayinll rtsc::inde.f lhecontra.ct of lUle, nu)' requite A to deliyer Z to him.

44. Where one ot two or more coowners of immoveable property legally Tnlllftr by
competent in that behalf transfers his sbar~ of such property or any interest OM co-
therein, the transferee acquires, as to such share or interest, and so fu as is owner.
necessary to give effect to the transfer. the transferor's right to joint possession
or other Common or part enjoyment of lhe property. and to enforce a
partition of the same, but subject to the conditions. and liabilities alJ'ectin"
at the date of the transCer. the share or interest so transforred.
Where the transCeree of a share of a dwelling-house belonging to an
undivided family is not a member of the family, nothing in this section shaD
be deemed to entitle him to joint possession or other common or part enjoy-
ment of the house.

45. Where immoveable property is transferred for consideration to two Jein'IDMI.

or more persons, and such consideration is paid out of a fund belonging to ,.,
them in common, they are. in the absence ot a contract to tbe contrary. eoasiden- lion.
respectively entitled to interests in such property identical, u nearly as may
be. with tbe interests to which they were respectively entit1cd in the fund;
and. where such consideration is paid out of separate funds belonging 10 tbem
respectively. they are, in the absence of a contract to tbe contrary, respectively
entitled to interest in such property in proportion to the sbaret of the
conSideration whicb tbey respectively advanced.
In tbe absence of evidence as to the interests in tbe rund to whicb tbey
were rC$pectively entitled, or as to the shares which they respectivelyadvuccd.
such persons shall be presumed to be equalt, interested in the property.

46. Where immoveable property is transferred for consideratioD by Tnn,rer for

persons having distinct interests therein. tbe transferors are. in the absence ot a ooPIldcraUosl
contract to th,.. contrary. entitled to share in the coosideration equally. wbere ~:J:;-:r:.
their iotereslS in the properlY were.of equal value. and. where such interests lind
were of unequal value. proportionately to the value ot their re.pective iaterata.
interests.
 156 Transfer 01 Property.
IlIllSl,,,1 io/U.
11 A, a.rning a moidy, and B and C each a quarter ,hll'C', of an al;lh:, uc~nl:c an
cichth stwe or that estale for a qu;trl,er .hare of ;molhct atale. 1'htn being no agreement to
the c.ol'llr.ry, A i, entitled to an ciJbth Iha:c in the Joiner csbt.!', and B .nd C caQ to a siztnnth
wn: therein.
lh) A beia( entitled 10 ;II Iileintclcd in an c.late and R and C 10 the rncrslcm, fell the
able for Rs.. 1,0,. A'. life-IDtc~.t is alcertainltd to be worth r.. 600, the rncnion R -100.
A ia caUtlccl to tCQ:ivc RI. 600 out of the plUch:.ac-lDo"cy, B :l.lId C to receiye Rr. 400.

Tran,fcr by 47. Where several co-owners of immoveable property transfer a share

c:o-o~ner. of
,hatt in com- therein without sPecifying that the transfer is to take effect on any particular
mon prl; sbare or shares of the traQ$fcrors. the transfer. as among such transferors.
",lJ, takes effect on such shares equally where the shares were equal. and. where
they were unequal. proportionately to the ex.tent of such shures.
/lIuJl"/li jon,
A. tbeuwncrof an eicht,anna ~ha,e. and 8 and C. ucllibe OWI'tr of a f01.lr..., n:. sh.arc,
In aa "laIc, lrandcr a two-anua shale llllhec:tt:l.ic 10 D, ",iUlo"t sp.cif)'i"J from which of lheir
le~eral ,hares lhe tnu srer it made. To r;ive dfect In lhe lransr"r Oll,,ann~ sllare b tJkell ,r(.om
the ,lllIre of A. and half a.n anua sbue from each of lbe shares ollJ and C.

Priority of 41, Where a person purports to create by transfer at dilfuent times rights
rifhlsc:n:ated in or over the same immoveable property. and such rights cannot all exist or
by tT2IIIrer.
be exercised to their ful.1 extent together. each later created right shall. in the
absence of a special contract or reservation binding the earlier transferees, be
lubjcet to the rights previously created.

Tnnafe,"', 4'. Where immoveable property is transferred for consideration. and such
rilbf. ulldn property or any part thereof is at the date of the transfer insured against loss
polky.
or damage by fire. the transferee. in case of such loss or damage. may. in Ihe
absence of a contrad to the contrary. require any mOney which the transferor
actually receives under the policy. or so much thereof as may be necessary. to
be applied in reinstating the property.

Rmt 6o""t. 50. No person shall be chargeable with any rents or profits of any
#de paid to immoveable property. which he has in good faith paid or delivered to any
holdcr undu
defectivc person of whom he in good faith held such property. notwithstanding it may
Iitle. afterwards appear that the person to whom such payment or delivery was
made had no right to receive such rents or profits.
IIIHstrllti". .
.. let:s a lield to 8 al a rent of R,. Sl. lUId the.. traMfcrs the litld to C. 8. ha\'ing no notke
ollhe IDu,rllT. in cooct faitb paY' the rept to A. B b not l'huJ:;eable with the rent so p.:t.id.

III1p-on- 51, When tbe transferee of immoveable property makes any improvemwt
romts on the property '-_I'
br bo"..1In;ode
~e
,
..... II:VlRg .IR g a fl t
ood 'h t hat he 'IS absolutely entitled thereto.
=':'~-and be is subsc:quentl~ evicled tb~rdrom by any per~n havin~ a. bett.er title.
tit:.. the transferee has a fight to reqUIl'C the person caus.ng the eVI":t!on either to
have the value of the improvement estimated and paid or secured 10 tile
transferee. or to sell his interest in the property to the transferee at the then
market-value thereof. irrespective of Ihe value of such improvement.
 Transfer of Properly. iS7

The amount to be paid or secured in respect of such improvement shall

be the estimated value thereof at the time of the eviction.
When. under the circumstances aforesaid. the transferee has planted or
sown on the property crops which are growing when he is evicted therefrom.
he is entitled to such crops and to free ingress and egress to gather and carry.
them.

52. During the pendency in any Court having authority in the Union of Trafl.rer 01
Burma of any suit Or proceeding which is not collusive and in which any right :r~r~ft JlftI.
to immoveable property is directly and specifically in question. the property rel.ti".
cannot be transferred or otherwise dealt with by.any party to the suit or the-rdo.
proceeding so as to affect the rights of any other party thereto under any
decree or order which may be made therein. except under the authority of the_
Court and on such lerms as it may impose.

Explanation.-For the purposes of this section. the pendency of a suit or

proceeding shall be deemed to commence from the date of the presentation of
the plaint or the institution of lhe proceeding in a Court of competent
jurisdiction. and to continue until the suit or proceeding has been disposed of
by a final decree or order and complete satisfaction or discharge of such
decree or order has been obtained. or has become unobtainable by reaSOD of
the expiration of any period of limitation pre!cribed for the execution thereof
by any law for the lime being in force.

53. (I) Every Iransfer of immoveable property made .....ith intent to FraulMent
defeat or delay the creditors of the transferor shall be voidable at the option tranller.
of any creditor so deteated or delayed.

Nothing in this subsection shall impair the rights of a transferee in ,ood

faith and for consideration.

Nothing in this sub-section shall affect any law for the time beina io.
force relating to insolvency.

A suit instituted by a creditor (which term includes a decree.

holder whether he has or has not appJied for execution of his decree)
to avoid a transfer On the ground that it has been made with intent to defeat
or delay the creditors of the transferor shall be instituted on behalf of. or for
the benefit of. all the creditors.

(2) E,,'ery transfer of immoveable prop!rty made witbout consideration

with intent to defraud a subsequent transferee shall be voidable at the option
of such transferee.

For the pilrposes cf chis sub-section. no transfer made withoui considera-

tion shall be deemed to have been JTII.lde with intent to defraud by reason ooly
that a subsequent transfer for Consideration was made. .
 '58 Transfer of Property_

-_.
Part pnfor- 53A. Where any penon contracls to transfer for <:onsideration any
immoveable property by writing signed by him or on his behalf from whi<:h
the terms necessary to constitute the transfer can be ascertained with
-reasonable certainty.
and the Ifansferee has. in part performance of the <:ontract. taken
possession of the property or any part thereof, or the transferee, being already
in possession. continues in posscssion in part performance of the <:ontract and
bas daDe some act in furtherance of the oontra<:t.
aDd the tra~feru hu performed or is willing to ~rform his part of the
COntract.
then, notwithstanding 6lat the contract. though required to be registered.
has not been registered, or. where there is an instrument of transfer. that the
transfer has Dot been completed in the manner prescribed therdor by the law
for the time being in force, the transferor or any person claiming under him
Ihall be debarred from enforcing against the transferee and persons claiming
under him any right in respe<:t of the property of which the transferee has
taken or continued in possession. other than a right expressly pro\lided by the
termS of the contract:
Provided that nothing in this Section shall affect the rights of a transferee
for consideration who has DO notice of the contract or of the part performance
thereof.

CHAPTER 111.

OF SALES OF IMMOVEABLE hopEil.TY.

"saae" $f... Sale" is a transfer of ownership in eIchange for a price paid or

ddaN. promised or part-paid and part-promised.
1 Such transfer. in the case of tangible immoveable property of the value
of onc hundred rupees and upwards. or in the case of a reversion or other
intangible thing. can be made only by a registered instrument.
lIn the case of tangible immo\ICable property of a value less than One
hundred rupees. such transfer may be made either by a registered instrument
or by delivery of the property.
Delivery of tangible immoveable property tues place when the seller
places the buyer. or such person as he directs, in possession of the
property.
.....
Contnelklr A contract for tLe sale of iui"moveable property is a contract that a Slle of
luch property shall take place on terms settled between the parties.
It does dot. of itself. create :tny intercst in or charge on such property.

I A' to lilnilatioa to the temtorial operation of p:lraaurhs 2:u1d' of lcetiUn 504. ,o=c slion J.
,.,,... Tbue paragnphl ntend 10 ever,. cankmrrwnl in lhe U"iun of 8uf/na; see tection 21S7
01 the Cantonments Act.
 TTanl/u of Property. 159

55. In the absence of a contract to the contrary. the buyer and 'ho seller Rl&hb .ad
IbbiliUc. of
of immoveable property respectively are subject to the liabilities. and bave tbe buyer .nd
rights. mentioned in the rules next foHowing or lucb of tbem as are applicable HlI.r,
to the property sold:
(I) The seller is bound-
(a) to disclose to the buyer any material defect in the property or in
the seller's title thereto of which the seUer is. and the buyer i.
not. aware. and which the buyer could not witb ordinary
care discover;
(b) to produce to the buyer On his requeSi for eumination all
documents of title relating to the prQperty which are in the
seller's possession or power;
(e) to answer to the best at bis information all relevant questions put
to him by tho buyer in respect to the property or tho titlo
thereto;
(d) on payment or tender ot the amount due in respect of the price, to
execute a proper conveyance of the property when the buyer
tenders it to him for execution at a proper time and place:
(e) between the date ot the contract of sale and the delivery ot tbo
property. to take as much care of the property and all
documents of title relating thereto which are 'in his posscssioa
as an owner of ordinary prudence would take ot sucb property
and dOCuments :
(J) to give. on being so required. the buyer, or sucb person as be
directs. sucb possession of tbe property as its nature admits :
(g) to pay all public cbarges and rent accrued due in respect of the
property up to the date of tbe sale, the interest on all incum-
brances on such property due on sucb date. and. except ~bere
the property is sold subject to incumbrances. to di$Cbarge all
incumbrances on the property then existing.
(2) The seller shall he deemed to contract with the buyer that tbo
interest which the seller professes to transfer to the buyer subsists and that he
bas power to transfer the same:
Provided tbat. where the sale is made by person in a fiduciary
character. be shall be deemed to conlfact with the buyer that the seller has
done no act whereby the properly is incumbered or whereby he is hindered
from uansferring it.
The benefit of the contract mentioned in this rule shan he annexed to. and
shall go with. the interest of tbe transferee as $ch. and may be enforcod by
ever}' person in whom tbat interCJt is for tbe whol. or any 'part thereof (roal
time to time vested.
(3) Where the whole of the purchase-money has heen paid to the seller.
he is also bound to deliver to the buyer all documents of title relatina to the
property which are in the seller's possdsion or power:
 160 Transler of Property.

Provided tbat. (a) where the seller retains any part of the property
. comprised in such documents. he is entitled to retain them all. and (b) where
the whole of such property is sold to different buyers. the buyer of the lot of
grcatest value is entitled to such documents. But in case (a) the seller, and in
ease (b) the buyer of the lot of greatest value. is bound. upon every reasonable
request by the buyer. or by any of the other buyers. as the case rna) be, and
at the cost of the person making the request. to produce the said documents
aad furnish such true copies thereof or Clltracts therefrom as he may ~require ;
and in the meantime. the seller. or the buyer of the lot of greatest value. as
tbe casc may 'be. shall keep the said documents safe. unclncelled and
undefaced. unless prevented from so doing by fire or other inevilable
accident. '.
(4) The seller is entitled-
(a) to the rents and pr06ts of the property till the ownership thereof
passes to the buyer;
(b) where the ownership of the property has passed to the buyer
before payment of the whole of the purchlsemoney. to a charge
upon the property in the hands of the buyer. any transf~r~e
.....ithout consideration or any transferee with notice of the non-
payment. for the amount of the purchase-money. or any part
thereof remaining unpaid. and for interest on such amount or
part from the date on which possession hlS been delivered.
(5) The buyer is bound-
(a) to disclose to the seller any fact as 10 the nature or extent of the
seller's int:rest in the property of which the buyer is aware but
of which he has reason to believe tbat the seller is not aware.
and wbich materially increases the value of such interest;
(b) to payor tender. at the time and place of completing the sale. the
purchase-money to the seller or such person as he directs:
provided that. where the property is sold free from incumbrances.
tbe buyer may retain out of the purchase-money the amount of
any incumbrances on the property existing at the date of the sale.
and shall pay the amount sO retained to the persons entitled
thereto;
(c) where Ihe ownership of the property has passed to the buyer. to
bear any loss arisin~ from the destruction. injury or decrease in
V1lue of the property not caused by the seller;
(d) where the ownership of the property has passed to the buyer. as
between himself and the seller. to'pay all public charges and rent
which may becoi.o.e payable in respect of the property. the
principal moneys due aD any incumbrances subject to which the
property is sold. and the interest thereon afterwards accruing due.
(6) The buyer is entitled-
(a) where the ownership or the property has passeJ to him. to the
bene6t of any improvem"tnt in. or increase in value of the
property. and to the rents and profits thereof;
 Transfer of ProperlY 161

(b) unless he has improperly declined to accept delivery of the

property. to a charge on the property. as against the seller and
all persons claiming under him. to the eAtent of the seller',
interest in the property. for the amount of any purchase money
properly paid by the buyer in anticipation of the delivery and
for interest on such amount: and. when he properly dC(:line, to
accept the delivery. also for the earnest (if any) and for the costs
(if any) awarded to him of a suit to compel specific performance
of the cOntract or to obtain a decree for its rescission.
An omission to make such disclosures as are mentioned in tbis Kction.
paragraph (I). clause (0). and paragraph (5). c1ausl"(a). is fraudulent.
56. If the Owner of two or more properties morlgages them to one person Uarlh31110c
and then sells one or more of the propertiu to another person. the buyer is. by lubte-
qlltnt pur-
in the absence of a Contract to the conlrary. entitled to have the mortgage chuet.
debt satisned out of the property or properties not sold to him. so far as the
same will extend. but not so as to prejudice the rights of the mortgagee or
persons claiming under him or of any other person who has for consideration
acquired an interest in an)' of the properties.

Discharge of Incumbrances on Sale.

57. (a) Where immoveable property subject to any incumbrance. PJo'lliOll by
whether immediately payable or not. is sold by the Court or in execution of ;u~~~l~~~n
a decree. or out of Court. the Court may. if it thinks fit. on the application andlale(reed
of any party to the Sale. direct or allow payment into Coun.- therefrom.
(I) in case of an annual or monthly sum charged on the property. or
of a capital sum charged On a determinable interest in Ihe
propertY-<lf such amount as. when invested in securities of the
Government of India or the Government of the Union of Burma.
the Court considers will be SUfficient. by means of the interest
thereof. 10 keep down or otherwise provide for that charge. and
(2) in any other case of a capital sum charged on the property-of
the amount sufficient to meet the incumbrance and any interest
due thereon.
But in either case there shall also be paid into Court such additional
amount as the Court considers will be sufficient to meet the contingency of
further costs. expenses and interest. and any other contingency except
depreciation of investments not e:'tceeding one-tenth part of the orifinal
amount to be paid in. unless the Court for. special reasons (\o\ohich it shall
record) thinks fit to require a larger additional amOunt.
(b) Thereupon the Court may. if it thinks fit. and after nOlice to the
incumbrancer. unless the Court. for reasons to be recorded in writing. thinks
6t to dispense with such notice. declare the property to be freed from the
incumbrance. And make any order for conveyance. or vesting order. proper
for giving effect (0 the sate. and give 'directions for the retention and invest.
ment of the money in Court.

11
 162 Transfer of Property.

(c) After notice served on the persons interested in or entitled to tbe

money or fund in Court. tbe Court may direct payment or transfer thereof to
the persons entitled to receive or give a discharge (or the same. and generally
may give directions respecting the application or distribution of tbe capital or
income thereof.
(d) An appeal shall lie from any declaration. order or direction under
tbis section as if the same were a decree.
(t) In this section "Court" meanS (I) the High Court in the exercise of
its ordinary or extraordinary original civil jurisdiction. (2) tbe Court of a
District Judge w'thin the local limits of whose jurisdiction the property or
any part thereof is situate, (3) aDY other Court which the President of tbe
Union may. from time to time. by noti6cation in the Gazette. declare to
be competent to exercise the jurisdiction conferred by this section.

CHAPTER IV.
OF MOI\TGAGES OF IMMOVE"BLE PROPERTY AND CHARGES.
"Mortg.llge." S8. (a) A mortgage is the transfer of an interest in speci6c immoveable
''mortgagor.'' property for the purpose of securing the payment of money advanced or to
"lnortgajtee,"
"mor1It.llIC- be advanced by way. of loan, an existing or future debt. or tbe performance
money" and of an engagement whic~ may give rise to a pecuniary liability.
"mortgage--
deed" The transferor is called a mortgagor, tbe transferee a mortgagee; the
de6ned.
principal money and interest of \\ohich payment is secured for the time being
are called the mortgage-money. and the instrument (if any) by which the
transfer is effected is called a mortgage-deed.
(b) Where. without delivering possession of the mortgaged property. the
mortgagor binds bimself personally to pay the mortgage-money. and agrees.
expressly or impliedly. that. in the event of his failing to pay according to his
contract. the mortgagee shall have a right to cause the mortgaged property 10
be sold and the proceeds of sale to be applied. so rar as may be necessary. in
payment of the mortgagemoney, the transaction is called a simple mortgage
and the mortgagee a simple mortgagee.
)f orlelee by
(e) Where the mortgagor ostensibly sells the mortgaged property-
conditional on condition that On default of payment of the mortgage-money on a
ule.
certain date tbe sale shall become absolute. or
on condition that on such payment being made the sale sball become
void. or
on condition tbat on such payment being made the buyer sball transfer
tbe property to the se'fler.
the transaction is caUed a mortgage by COnditional sale and the mortgagee
a mortgagee by conditional sale:
Provided that 00 such transaction sball be deemed to be a mortgage
unless the condition is embodied in the doc:ument wbich effects or purports
to effect the sale.
 Transfu of Property. 163

(d) Where the mortgagor deJivel'$ possession or expressly or by Ulufrudoary

implication binds himself to deliver possession of the mortgaged property to morteage
the mortsagee. and authorizes him to retain such possession until payment
of the mortgage-money. and to receive the rents and peotils accruing from the
property or any part of such rents and profits and to appropriate the same in
lieu of interest or in payment of the mortgage-money. or partly in lieu of
interest or partly in payment of the mortgage-money. the transaction is called
an usufructuary mortgage and the mortgagee an usufructuary morlgagcc.
(t) Where the mortgagor binds himself to repay the mortgage-money En,li,h
on a certain date. and transfers the mortgaged property absolutely to the mortgagt'.
mortgagee. but subject to a proviso that be will re-transfer it to the mortgagor
upon payment of the mortgage-money as agreed. the transacdon is called an
English mongage.
(/) Where a person in any of the following towns. namely. the towns Mortt,~e by
of Rangoon. Moulmein. Sassein and Akyab. and in any other town' which ~~~.
the President of the Union may. by notilication in the Gazette. specify in
this behalf. delivers to a creditor or his agent documents of title to immove
able property. with intent to create a security thereon. the transaction is caUed
a mortgage by deposit of title-deeds.
(g) A mortgage which is Dot a simple mortsage. a mortgage by AnonwoUl
conditional sale. an usufructuary mortgage. an English mortgage or a mortgage mortgace .
by deposit of title-deeds \itbin the meaning of tbis seetion is called an
anomalous mortgage.

I 59. Where the principal money seeured is one hundred rupees or Mortcalle
upwards. a mortgage other than a mortgage by deposit of titledeeds can be wben to be bJ
uaurancc.
effected only by a registered instrument signed by the mortgagor and attested
by at least two witnesses.
Where the principal money seeured is less than one bundred rupees. a
mortgage may be effected either by a registered instrument signed and
attested as aforesaid. or (except in the case of a simple mortgage) by delivery
of the property.

59A. Unless Otherwise expressly provided. references in this Chapter Referencclto

to mortgagors an~ mortgagees shall be dccmed to include references to mortaagon
and motl...
persons deriving title from tbem respectively. cen 10 ill
dude penoJII
deri\'ing title
frow them.
Rights and Uabililies of lfor/gagor.
60. At any time after the principal money has become due. the Righi of
mongagor has a right. on payment or tender. at a proper time and place. of morta:aa:or to
redeem.
tbe mortgagemoncy. to require the mOrtgagee (a) to deliver to the mongagor
1 1Ilndal.l, b:l.l btefllo notified : I~e GfatdUl'1 Jrulia, 1915,Plrll. ~Ie 1906.
, AI 10 limitation to the territorial opcraHon of leclion 59. see fecUon 1 ; ICclion 59 utendi
oevery Cantonment; lee accUoo Zll7 of the CaDlonme.ntl Att.
 164 Transftr of Property.

the mortgage-deed aDd all documents relating to the mortgaged property

which arc in. the possession or power of the mortgagee. (b) 1\'here the
mortgagee is in possession of the mortgaged property. to deliver possession
thereof to the mortgagor and (el at the cost of the mortgagor either to
te-transfer the mortgaged property to him or to such tbird person as he may
direct, or to execute and (where the mortgage hilS been effected by a registered
instrument) to have registered an acknowledgment in writing that any right
in derogation of his interest transferred to the mortgagee has been
extinguished :'
Provided that the right conferred by this section has Dot heen extinguish-
ed by act of the parties or by decree of a Court.
The right conferred by this section is called a right to redeem aod a
suit to enforce it is called a suit for redemption.
Nothing in tbis section shall be deemed to render invalid any provision
to the effect tbat. if the time fixed for payment of the principal money bas
been allowed 10 pass or no such time has been 6xed. the mortgagee shall be
entitled to reasonable notice before payment Or tender of such money.

Redemption Nothing in tttis section shall entitle a person interested in a share only
01 portion of of the mortgaged property to redeem his own share only on payment of
morti:lll: ed a proportionate part of the amount remaining due on the mortgage. except
property.
only where a mortgagee. or. if there are more mongagees than one. all
such mortgagees. has or have acquired. in whole or in part. the share of
a mortgagor.

Oblialioa. to 'GA. (I) Where a mortgagor is entitled to redemption. then. on the

IJ"mlfcr (0
ful61ment of any conditions on the fulfilment of which be would be entitled
third P3rtJ
in.tael of to require a retransfer. he may require the mortgagee. instead of re-transfer-
re-lraD.. ring the property. to assign the mortgage-debt and transfer the mortgaged
feren::e to
mta:3C9T property to such third person as the mortgagor may direct; and the mortgagee
shall be bound to assign and transfer accordingly.
(2) The rights conferred by this section belong to and may be enforced
by the mOrtgagor or by any incumbrancer notwithstanding an intermediate
incumbrance; hut the requisition of any incumbrancer shall prevail over a
requisition of the mortgagor and. as between incumbrancers. the requisition of
a prior incumbrancer shall prevail over that of a subsequent incumbrancer.
(3) The provisions of this section do Dot apply in the case of a mortgagee
who is Or has been in possession.

Ricllt to 6OB. A mortgagor. as long as his right of redemption subsists. shall be

i.upectioa

prodaeli<ln of
entitled at aU reasonable times. at his requcst and at hiJ OViO COst. and on
payment of the mortgagee's costs and expenses in this behalf. to inspect and
docamenl.
make copies or abstracts of. or exlfacts from. documents of title relating to
f,he mortgaged property which arc in the custody or power of the mortgagee.
 Transf~r of Prop~rly. 165

'1. A mortgagor. who bas executed two or more mortgages in favour of Ria;ht to
the same mortgage~ shall. in the absence of a contract to the contrary. when rcdf'em
leparatel,. or
the principal money of aoy two or more of the mortgages has become duc. be aimulbne-
entitled to redem anyone such mortgage separately. or any two or more of 0051,..
such mortgages together.

6%. In the case of an usufructuary mortgage. the mOltgagor has a right Ri,hl of
usufructuary
to recover possession of the property together with the mortgage-deed and all mortgagtJf to
documents relating to the mortgaged property which are in t'be possession or reco\-er
power of the mortgagee.- pOIlu_ion.
(a) where the mortgagee is authorized to pay himself. the mortgage-
money from the rents and profits of the property.-when such
money is paid:
(b) where the mortgagee is authorized to pay himself from such rents
and profits or any part thereof a part only of the mortgage-
money-when the term. if any. prescribed for tbe payment of
the mortgage-money has expired and the mortgagor pays or
tenders to the mortgagee the mortgage-money or the balance
thereof or deposits it in Court as hereinafter provided.
63. Where mortgaged property in possession of the mortgagee has. during ACCl:'lSioa 10
martCaled
the continuance of the mortgage. received any accession. the mortgagor. upon property.
redemption. shall. in the absence of a contract to the contrary. be entitled as
against the mortgagee to such accession.
Where such accession has been acquired at the expense of the mortgagee. Acceslion
ac;quired in
and is capable of separate possession or enjoyment without detriment to the 1Iirlue of
principal properly. the mortgagor desiring to take the accession must pay to transferred
the mortgagee the expense of acquiring it. I( such separate possession or oWDeflblp.
enjoyment is not possible. the accession must be deli\'ered with the property.
the mortgagor being liable. in the case of an acquisition necessary to preserve
the property from destruction. forfeiture or salc. or m3.de with his assent. to
pay the proper cost thereof. as an addition to the principal money. with
interest at the same rate as is payable on the principal. or. where no such rate
is fixed. at the rate of nine per cent. per annum.
In tbe case last mentioned tbe profits. if any. arising from the accession
shall be credited to the mortgagor.
Where the mortgage is usufructuary and the accession has been acquired
at the expense of the mortgagee. the profits. if any. arising from the accession
shall. in the absence of a contract to the coDlrary. be set off against interest.
if l\Py. payable on the money so expended.

'3A. (I) Where mortgaged property in possession of the mortgagee has Impr01le
during the continuance of the mortgage been improved. the mortiagor. upon menu to
mortgaled
redemption. shaYl. in the absence of a contract to the contrary. be entitled to pcOf'C!1)".
the improvement; aod the mortgagor shall not. save ooly io cases provided fer
in subsection (2). be liable to pay the cost thereof.
 166 Tran$fer of Property.

(2) Where any such improvement was effected at the COlt of the
mortgagee and was necessary to preserve the property from destruction or
deterioration or was necessar)' to prevent the security from becoming
insufficient. or was made in compliance with the lawful order of any public
servant or public authority. the mortgagor shall. in the absence of a contract
to the contrary. be liable to pay the proper cost thereof as all. addition to the.
principal money with interest at the same rate as is payable on the principal.
Or where no such rate is fixed. at the rate of nine per cent. per annum. and
the profits. if any, accruing by reason of the improvement shall be credited to
the mortgagor.
Renewal of 64. Wbcre the mortgaged property is a lease. and the mortgagee obtains
,_.
mo:tpgcd. a renewal of the lease. the mortgagor. upon redemption. sbMI. in the absence
of a contract by bim to the contrary. have the benefit of the new lease.
InlFlied 65. In the absence of a contract to the contrary. the mortgagor shall be
eonlracb by deemed to contract witb the mortgagee-
l1lorta:a.a;or.
(a) tbat the interest which the mortgagor professes to transfer to the
mortgagee subsists. and that the mortgagor bas power to transfer
tbe same;
(b) that the mortgagor will defend. or if tbe mortgagee be in possession
of the' mortgaged property. enable him to defend. the
mortgagor's title tbereto;
(c) that the mortgagor will. so long as the mortgagee is not in
possession of the mortgaged property. pay all public charges
accruing due in respect of the property;
(d) where the mortgaged property is a lease. that the rent payable under
the lease, the conditions contained therein. and the contracts
binding on the lessee have been paid. performed and observed
down to the commencement of tbe mortgage; and that the
mortgagor will. so loog as the security exists and the mortgagee
is not in possession of the mortgaged properly. pay the rent
reserved by the lease. or. if the lease be renewed. the renewed
lease. perform the conditions contained therein and observe the
contracts binding on tbe lessee. and indemnify the mortgagee
against all claims sustained by reason of the non-payment of
the said rent or the non-performance or non-obscrvance of the
said conditions and contracts :
(e) and. where the mortgage is a second or subsequent incumbrance
on the property: that the mortgagor will pay the interest from
tiDle 10 time accruing due on each prior incumbrance as 'Jnd
~hen it becomes due. and will at the proper time discharge the
principal money due on such prior incumbrance.
The benefit of the contracts mentioned in tbis sectionshall be annexed
to and shall go with the interest or
the mortgagee as such, and roay be
enforced by every persOn in whom that interest is for the whole or any part
thereof from time to time vested.
 Transfer of Properly. 167

'SA. (I) Subject to thc provisions of sub-section (2). a mortgagor. whilc Xl1rtaap'.
power to
lawfully in posses!'ion of thc mortgaged propetry. sball have power to make lease.
Icases tht:reof which shall be binding on the morlgagee.
(2) (a) Every such lease shall be such as would bc made in the ordinary
course of management of the property f.:oncerned. and in a(;Cordance with any
local law. f.:ustom or usage.
(b) Every such lease shall rcserve the best rent that can reasonably be
obtained. and no premium shall be paid or promised andono rent sbaD be
payable in advance.
(c) No such lease shall contain a covenant fat renewal.
(d) Every such lease shan take effect from a date not later than six
months from the date on which it is made.
(e) In the ease of a lease of buildings. whether leased with or without
the land on which they stand. the duration of the lease shall in no case exceed
three years. and the lease shall f.:ontain a covenant for payment of the rent
and a condition of re-entry on the rent not being paid within a time therein
specified.
(3) The provisions of sub-section (I) apply only if and as far as a
f.:Ontrary intention is not expressed in the mortgage-deed.: and the provisions
of subsection (2) may be varied or extended by the mortgage-deed and. as so
varied and extended. shall, as far as may be, operate in Iik.e manner and with
all like incidents. effef.:1s and consequences. as if sUf.:h variations or extensions
were contained in that sub-section.

66. A mortgagor in possession of the mortgaged property is not liable to Waate by

the mortgagee for allowing the property to deteriorate: but he must not ~=
commit any act which is destructive or permanently injuriOUS thereto. if the
..
security is insufficient or will be rendered insufficient by such act.
Explanation.-A security is insufficient within the meaning of this section
unless the value of, the mortgaged property exceeds by one-third. or. if
consisting of buildings, exceeds by one-half. the amount for the time being
due on the mortgage.

Rights and Liabilil;es of Mortgagee,

67. In the absence of a contract to the contrary. the mortgagee has at RlJhlio
foredoaure
any time afler the mortgagemoney bas become due to him. and before a decree or ale.
bas been made for the redemption of the mortgaged property, or the mortgage
money has been paid or deposited as hereipafter provided. a right to obtain
from the Court a decree that the mortgagor shall be absolutely debarred of
hit right to redeem the property. or a decree that the property be sold,
A suit to obtain a decree that a mortgagor shall be absolutely debarred
of bis right to redeem the morlgagcd property is caUed a suit for foreclosure.
Nothing in tbis section shall be iSeemed-
(0) to authorize any mortgagee. other than a mortgagee by conditional
sale or a mortgagee under an anomalous mortgage by the terms
of which he is enutJcd to foreclOse. to institute a suit for
 168 Transfer of Property.

foreclosure. or an usufructuary mortgagee as such or a mortgagee

by conditional sale as such to institute a suit for sale; or
(b) to authorize a mortgagor who holds the mortgagee's rights as his
trustee or legal representative. and who may sue for a sale of
the property. to institute a suit for foreclosure; or
(c) to authorize the mortgagee of a railway, canal or other work in
the maintenance of which the public arc interested. to institute
a Iluit for foreclosure or sale; or
(d) to authorize a person interested in part only of the mortgage-
money to ifistitute a suit relating only to a corresponding part
of the mortgaged property. unless the mortgagees have. with the
consent of the mortgagor. severed their interests under the
mortgage.

Mortgagel! 67A. A mortgagee who holds two or more mortgages executed by the
whtn bound same mortgagor in respect of each of which he has a right to obtain the same
10 bring ont
sull on kind of decree under section 67, and who sues to obtain such decree on any
sc\tral one of the mortgages. shall. in the absence of a contract to the contrary. be
mortlagu.
bound to sue on ~Il tbe mortgages in respect of which the mOttgage-money
has become due.

Righi to lut 68. (I) The mortgagee has a right to sue for the mortgage-money in the
~~~O;.Ill:all:c, following cases and no others. namely : -
(0) where the mortgagor binds himself to repay the same;
(b) where. by any cause other than the wrongful act or default of the
mortgagor or mortgagee. the mortgaged property is wholly or
partially destroyed. or the security is rendered insufficient with-
in the meaning of sectiOn 66. and the mortgagee has given the
mOrtgagor a reasonable opportunity of providing further security
enough to render the whole security sufficient. and the mort-
gagor has failed to do so ;
(c) where the mortgagee is deprived of the whole or part of his
security by or in consequence of the wrongful act or default of
the mortgagor;
(d) where. the mortgagee being entitled to possession of the mortgaged
property. tho mortgagor fails to deliver the same to him. or to
secure the possession thereof to him without disturbance by the
mortgagor or any person claiming under a title superior to that
of the mortgagor:
Provided that. in the case referred to in clause (0). a transferee from the
mortgagor or from his legal representative shall not be liable to be sued
for the mortgage.money.
(2) Where a suit is brought under clause (0) or clause (b) or sub-section
(I). the Court may. at its di2cretion. stay the suit and all proceedings therein.
notwithstanding any contract to the contrar>:. until the mortgagee has exhausted
 Transfer of Propen)" 169

all his available remedies against the mortgaged property or what remains of
it. unless the mortgagee abandons his security and. if necessary. retransfers tbe
mortgaged property.

69. (J) A mortgagee. or any person acting on his behalf. shall. subject Power of
to the provisions of this section. have power to sell or concur in selling tho lale
valid.
when
mortgaged property. or any part thereof. in default of payment of the mortgage-
money. v,itbout the intervention of the Court, in the following ,ases and in no
others. namely;-
(a) where the mortgage is an English mortgage, and neither the
mortgagor nor the mortgagee is a Hindu. Muhammadan or
Buddhist or a member of any other race, sect. tribe or class
from time to time specified in this behalf by the President of the
Union in the Gazette:
(b) where a power of sale without the intervention of the Court is
ex~ressly COnferred on the mortgagee by the mortgage-deed and
the mortgagee is Ibe Government;
(d where a power of sale wilhout the intervention of the Court is
expressly conferred on the mortgagee by the mortgagedeed
and the mortgaged properly or any part thereof was. on the
date of Ihe execution of the mortgagedeed. situate within the
towns of Rangoon. Moulmein. Bassein. Akyab or in any other
town or area which the President of tbe Union may, by notifica-
tion in the Gazette. specify in this behalf.
(2) No such power shan be exercised unless and until-
(a) notice in writing requiring payment of tbe principal money has
been served on the mortgagor. or on one of several mortgagors.
and default has been made in payment of the principal money.
or of part thereof. for three months after such service; or
(b) some interest under the mortgage amounting at least to five
hundred rupees is in arrear and unpaid for three months after
becoming due.
(3) Wben a sale bas been made in professed exercise of such a power. tbe
title of the purchaser shall not be impeachable on the ground that no case had
arisen to authorize the sale. or that due notice was not given. or that the power
was otherwise improperly or irregularly exercised; but any person damnified
by an unauthorized or improper or irregular exercise of the power shall have

his remedy in damages against the person exercising the power.
(4) The money which is received by the mortgagee. arising from the sale.
after discharge of prior incumbrances. if any. to which the sale is not made
subject. or after payment into Court under section 57 of a sum to meet any
prior incumbranee. shall. in the absence of a contract to the contrary. be held
by him in trust to be applied by him. first. in payment of all costs. charges
and expenses properl)" incurred by him as incident to the sale or any attempted
sale; and. secondly. in discharge of the mortgage-money and costs and other
 170 Transfer of Property.

money. if any, due under the mortgage; and the residue of the money so
received shall be paid to the person entitled to the mortgaged property. or
authorized to give receipts for the proceeds of the sale thereof.
(5) Nothing in this section or in section 69A applies to powers conferred
before the first day of July. 1882. I

Appointment 69A. (J) A mortgagee baving the right to exercise a power of sale under
of receiver. section 69 shalJ. subject to the provisions of Sub-section (2), be entitled to
appoint, by writing signed by him or on his behalf. a receiver of the income
of the mortgaged property or any part thereof.
(2) Any person who has been named in the mortgage-deed and is willing
and able to act as receiver may be appointed by the mortgagee.
If no person has been so named. or if all persons named afe unable or
unwilling to act. Of are dead. the mortgagee may appoint any person to whose
appointment the mortgagor agrees; failing such agreement. the mortgagee
shall be entitled to apply to the Court for the appointment of a receiver. and
any person appointed by the Court shall be deemed to have been duly appoin-
ted by the mortgagee.
A receiver may at any time be rem(l..ed by writing signed by or on
behalf of the mortga'fee and the mortgagor. or by the Court on application
made by either party and on due cause shOWn.
A vacancy in the office of receiver may he filled in accordance with the
provisions of this subsection.
(3) A receiver appointed under the powers conferred by this section shall
be deemed to be the agent of the mortgagor; and the mortgagor shall be solely
responsible for the receiver's acts or defaults. unless the mortgage-deed
otherwise provides or unless such acts or defaults are due to the improper
intervention of the mortgagee.
(4) The receiver shall have po\\er to demand and recover all the income
of which he is appointed receiver by suit. execution or otherwise. in the name
either of the mortgagor or of the mortgagee. to the full extent of the interest
which the mortgagor could dispose of. and to give valid receipts accordingly
for the same. and to exercise any powers which may have been delegated to
him by the mortgagee in accordance with the provisions of this section.
(5) A person paying money to the receiver shall not be concerned to
inquire if the appointment of the receiver was valid or not.
(6) The receiver shall be 4Jltitled to retain out of any money received by
him. for his remuneration. and in satisfaction of all costs. charges and
expenses incurred by him as receiver. a commission at such rate not exceeding
five per cent. on the gross amount of all money received as is specified in his
appointment. and, if no rate is so specified, tben at the rate of five per cent.
on that gross amount, or at such otber rate as the Court thin\c.s fit to allow on
application made by him for that purpose.

I Date Of commencemlt of this Act.

 Transfer 01 Property. t7l

(7) The receiver shall. if so directed in writing by the mortga,ce. insure

to the extent. if any. to which the mortgagee might have insured. and keep
insured against Joss or damage by fire. out of the money received by him. tho
mortgaged property or any part thereof being of an insurable nature.
(8) Subject to the provisions o tbis Act as to the application of insurance
money. the receiver shall apply all money received by him as follows. namely :-
(i) in discbarge of all rents. taxes. land revenue. rates and outgoings
whatever affecting tbe mortgaged property:
(ii) in keeping down aU annual sums or otber payments. and the
interest on all principal sums. bavin(priority to the mortgage in
right whereof he is receiver:
(iii) in payment of his commission. and of the premiums on fire. life
or other insurances. if aoy. properly payable under the mortgage
deed or under tbis Act. and the cost of executing necessary or
proper repairs directed in writing by the mortgagee;
(iv) in payment of the interest falling due under the mortgage;
(v) in or towards discharge of the principal money. if so directed in
writing by the mortgagee;
and shall pay the residue. it any. of the money received hy him to the person
who. but for the possession of the receiver. would haveheen entitled to receive
the income of which he is appointed receiver. or who is otherwise entitled to
the mortgaged plOperty.
(9) The provisions of sub-section (I) apply only if and as far as a contrary
intention is not expressed in the mortgage-deed; and the provisions of sub-
sections (]) to (8) inclusive. varied or extended. shall. as far as may be. operate
in like manner and with :ttl the like incidents. effects and consequences. as if
such variations or extensions were contained in the said sub-sections.
(10) Application may be made. without the institution of a suit. to the
Court for its opinion. advice or direction on any present question respecting
the management or administration of the mortgaged properly. otber tban
questions of difficulty or importance not proper in the opinion of the Court
for summary disposal. A copy of such application shall be served upon. and
tbe hearing thereof may be attended by. such of the persons interested in the
application as the Court may think: fit.
The costs of every application under this subseCtion sball be in tbe
discretion of the Court.
1I J) In this section... the Court" means the Court which would have
jurisdiction in a suit to enforce the mortgage.
70. If. after the date of a mortgage. any accession is made to the AC(:C:uion to
mortgaged property. the mortgagee. in the absence of a contract to the contrary. mOrlgaged
prOperl,..
shall. for the purposes of the security. be entitled to such accession.
1IIM1IT4f ;"11'.
(4\ A morta;aRn 10 B certain field bordtriDg on 2 river. The field il iDQ'C2Ied by
ill
2I1a\IOQ. For the purposes of hi, securit)', B i. entitled to tbe: increase.
(~ A morlJZ;J,gel a ce,bin plot of buildiDl' land to Band dterw;J,rdt erect. ill hou.lC on the
plot. Por the purposes 0( hi. security B i,,,mtilled to the house .. well 21 tbe riot.
 172 Transfer of Property.

Renew~l of 71. When the mortgaged property is a lease and the mortgagor obtains
mortgaged a renewal of the lease. the mortgagee. in the absence of a contract to the
lease.
contrary. sball. for the purposes of the security, be entitled to the new lease

Ri~tsof
71. A mOrtgagee may spend such money as is necessary-
moflgae:ee (a)
In pouCision.
(b) for the preservation of the mortgaged property from destruction,
f(Jrfeiture or sale;
(c) for supporting the mortgagor's title to the property:
(d) for making his' own title thereto good against the mortgagor; and.
(e) when the mortgaged property is a renewable lease-hold. for the
renewal of the lease;
and may, in the absence of a contract to the contrary. add such money to the
principal money. at the rate of interest payable on the principal. and where
no such rate is fixed. at the rate of nine per cent. per annum: Provided
that the expenditure of money by the mortgagee under clause (b) or clause (d
shall not be deemed to be necessary unless the mortgagor has been called upon
and bas failed to take proper and timely steps to preserve the property or to
support the title.
Where tbe property is by its nature insurable. the mortgagee may also.
in the absence of a conttact to the contrary, insure apd keep insured against
loss or damage by fire the whole or any part of such property; and the
premiums paid for any such insurance shall be addcd to the principal mOney
with interest at the same rate as is payable on the principal money or, where
no such rate is fixed. at the rate of nine percent. per annum. But the amount
of such insurance shall not exceed the amount specified in this b~half in the
mortgage-deed or (if no such amount is therein specified) two-thirds of the
amount that would be required in case of total destruction to reinstate the
property insured.
Nothing in this section shall be deemed to authorize the mortgagee to
insure when an insurance of the property is kept up by or on behalf of th:J
mortgagor to the amount in which the mortgagee is hereby authorized to
insure.
RiChl to 73. (1) Where the mortgaged property orany part thereof or any interest
proceeds of therein is sold owing to failure to pay arrears of revenue or other charges of
revenue sale
or campen. a public nature or rent due in respect of such property. and such failure did
notion "0 not arise from any default of tlfe mortgagee, the mortgagee shall be entitled
acquisition.
to claim payment of the mortgage-money, in whole or in put. out of ~ny
surplus of the sale proceeds remaining after payment of the arrears and of all
charges and deductiOns directed by law.
(2) Where the mortgaged property or any part thereof ,or any interest
therein is acquired under the Land Ac.quisition Act. or any other enactment
for the time being in force providing for the compulsory acquisition of
immoveable property, the mOrtgagee shall be entitled to claim payment of
 Transfer 0/ Properly. 173

the mortgage-money. in whole or in part, out of tbe amount due to the

mortgagor as cumpensation.
(3) Such claims shall prevail against all other claims except those of prior
incumbrancers. and may be enforced notwithstanding tbat the principal money
on the mortgage has not become due.
74-75.
76. When. during the continuance of the mortgage. tbe mortgagee takes LlabllltielOf
mortpgee In
possession of the mortgaged property,- poslulion.
(0) he must manage the property as a person of ofdinary prudence
would manage it it it were his own; ...
(b) he must use his best endeavours to collect the rents and profits
thereof;
(e) he must. in the absence of a contract to the contrary. out of the
income of the property pay the Government revenue. all other
cbarges of a public nature and aU rent accruing due in respect
tbereof during such possession. and any arrears of rent in
default of payment of which the property may be summarily
sold ;
(d) be must, in the absence of a contract to the contrary. Dlake such
necessary repairs of the property as he can~ pay for out of the
rents and profits thereOf after deductiflg from such rents and
profits the payments mentioned in clause (e) and the interest on
the principal money;
(e) he must not commit any act which is destructive or permanently
injurious to the property;
(n where he has insured the whole or any part of the property
against loss or damage by fire. he must. in case of such loss or
damage. apply any money which be actually receives under the
policy. or so much thereof as may be necessary. in reinstating
the property. or. if the mortgagor so directs. in reduction or
discharge of the mortgage-money;
(g) he must keep clear. full and accurate accounts of all sums received
and spent by him as mortgagee. and, at any time during the
continuance of the mortgage. give the mortgagor. at his request
and cost. true copies of such accounts and of the vouchers by
which they are supported;
(h) his receipts from the mortgaged property. or. where such property
is pc:rsonal1y occupied by him. a fair occupation-rent in respect
thereof. shall. after deducting -the expenses properly incurred
for the management of the property and the collection of rents
and profits and the other expenses mentioned in clauses (c)
and (d). and interest tbereon. be debited against him in
,eduction of tbe amount (if any) from time to time due to him
on account of interest and. so far as such receipts exceed any
interest due. in reduction or discharge of the mortgage-money;
the surplus. if any, shall be paid to tbe mortgagor;
 174 Transfer 0/ Property_

(i) when the mortgagor tenders, or deposits in manner hereinafter

provided. the amount for the time being due on the mortgage. the
mortgagee must, notwithstanding the provisions in the other
clauses of this section, account for his receipts from the
mortgaged property from the date of the tender or from the
earliest time when he could take such amount out of Court, as
the case may be. and shall not be entitled to deduc~ any amount
therefrom OD account of any ex penses incurred after sucb date
or time in connection with the mortgaged property.
Lon fXca- If the mortgagee fail to perform any of the duties imposed upon him
accounts are taken in pursuance of a decree
,iQMd by hi, by this section. he may. when
ddault.
made under tbis Chapter. be debited with the loss. if any. occasioned by such
failure.
Receipts in 77. Nothing in section 76. c1austs (b). (d). (g) and (h). applies to
lieu 01
lntereat. cases where there is a conlract between the mortgagee and the mortgagor tbat
the receipts from the mortgaged property shall. so long as the mortgagee is in
possession of the property, be taken in lieu of interest on the principal money.
or in lieu of such interest and defined portions of the principal.

Priori/yo
POI pone- 78. Where. through tbe fraud. misrepresentation or gross neglect of a
m~nt Ofprior
mor1la,ec. prior mortgagee. another person bas been induced to advance money on the
security of the mortgaged property. the prior mortgagee shall be postponed to
tbe subsequent mortgagee.
MortgJge to
ne-llfe uncer-
n. If a mortgage made to secure future advances. the performance of an
tain amoont engagement or the balance of a running ac<:ount, expresses the m3ximum to be
when mul- secured thereby. a subsequent mortgage of the same property shall. if made
mumis
expressed. with notice of the prior mortgage. be postponed to the prior mortgage in
respect of all advances or debits Dot exceeding tbe maximum. though made or
allowed with notice of the subsequent mortgage.
llIu,t"QUon.
A ma teat:l!:I his e~late to hb bankers, B. (i, Co., to see"re the balance of his aeeount with
theln to Ihe extent oll~s.IO,C)IO. A lhen mortgages the estate to C. 10 .ecure I;s. 10,000. C
hadng nolice of Ule lllorll=alle to 8. (i, Co., Ind C llh'u noU:e 10 lJ. (i, Co., of the .ond
IllOflll.OIge. At the di>le 01 the second mc.rt$!al!e. the b", mCc d"c: to 8. b CD., dou not ued
Rt. 5.000.8. & Co-, subsequently advancc to II SilIns makil1l! the balance of the account al!OIinst
him ncecd the sumo( R to,ooo. B. beo. are entitled, to die cdC:Tlt 0.1 R. 10.000, to (lrionty
(Nl!:r C.

Ie.
Marshalling and COnJribu/ion.
Man1QIli nl II. If the owner of two or more properties mortgages them to one
ncuritics.
person and then mortgages one or more of the properties to another person.
tbe subsequent mortgagee is. in the absence of a contract to the contrary.
entitled to have tbe prior mortsage-debt satisfied out of tbe property or
 Transfer of Propeny. 175

properties not mortgaged to him. so far as the same will extend. but not so as
to prejudice the rigbts of the prior mortgagee or of any otber person wbo bas
for consideration acquired an interest in any of the properties.

81. Where property subject to a mortgage belongs to two or more Contribution

mortple
persons having distinct and separate rights of. ownership therein. the different todebt.
shares in or parts of such property owned by such persons are. in the absence
of a contract to the contrary. liable to contribute rateably to the debt secured
by the mortgage. and. for tbe purpose of determining tbe rate at which each
such share or part shall contrihute. the value thereof sball be deemed to
be its value at the date of the mortgage after deduetic;m of the amount of aoy
other mortgage or charge to which it may ha""e been lubject on that date.
Where, of two properties belonging to the same owner. one is mortgaged
to secure one debt and tben both are mortgaged to secure another debt. and
the former debt is paid out of the former property. each property is. in the
absence of a contract to the contrary. liable to contribute rateably to the latter
debt after deducting the amount of the former debt from the value pf the
property out of which it has been paid.
Nothing in thiS section applies to a property liable under section 81 to
the claim of the subsequent mortgagee.

Deposit in Court.
83. At any time after the principal money payable in respect of any Power to
mortgage has become due and !>trore a suit (or redemption of the mortgaged CoIItt deposit in
mcmc.J
property is barred. the mortgagor. or any other person entitled to institute d"eon
such suit. m3Y deposit. in any Court in which he might have instituted such morlaacc.
suit. to the account of tbe mortgagee. the amount remaining due on tbe
mortgage.
The Court shall thereupon cause written notice of the deposit to be Right to
served on the mortgagee, and the mOTlgagC'e may, on presenting a petition sited money depo-
by
(verified in manner prescribed by law for the verification of plaints) stating the mOI,taaaOf
amount then due on the mortgage. and his Willingness to accept the money so
deposited in full discharge of such amount. and on depositing in the same
Court the mortgagedeed and all documents in his possession or power rela-
ting to (he mortgaged property. apply for and receive the money. and tbe
Dlortgage-deed and all such other documents so deposited shall be delivered
to the mortgagor or such other perSOn as aforesaid.
Where the mortgagee is in possession of the mortgaged property. the Court
shall, before paying to him the amount so dePosited. direct bim to deliver
poss.ssion thereof to the mortgagor and at the cost of the mortgagor either to
re-transfer the mortgaged property to the mortgagor or to such third perSOn
as tbe mortgagor may direct, or to execute and (where the mortgage has
been effected by. registered instrument) have registered an acknowledgment
in writing that any rigbt in derogation o.)f the mortgagor's interest transferred
to the mortgagee has heen elttinguished.
 176 Transfu of Prop~rfy.

Cell20tion Of 84. When a mortgagor or such other person as aforesaid has tendered or
interesl. deposited in Court under section 83 the amount remaining due aD the
mortgage. interest on the principal money shall cease from the date of the
tender. or in the case of a deposit. where no previous tender of such amount
has been made. as Soon as the mortgagor or such other person as aforesaid has
done all that has to he done by him to enable the mortgagee to take such
amount out of Court. and the notjce required by section 83 bas been served
on the mortgagee:
Provided that. \\ohere the mortgagor has deposited such amount without
having made a previous tcnder thereof and has subsequently withdrawn the
same or any part thereof. interest on the principal money shall be payable
from the date of such withdrawal.
Nothing in this section or in section 83 shall be deemed to deprive the
mortgagee of his right to interest when there exists a contract that he shall
be I:ntitled to reasonable notice before payment or tender of the mortgage-
money and such notice has not been given before the making of the tender or
deposit. as the case may be.
85-90.

Red~mption.
Persona who 91. Besides the mortgagor. any of the following persons may redeem. or
may sue for
redempUon. institute a suit for redemption of. the mortgaged propert)'. namely:-
(Q) any person (other than the mortgagee of the interest sought to be
redeemed) who has any interest in. or charge upon. the property
mortg:tged or in or upon the right to redeem the Dme ;
(b) any surety {or the payment of the mortgage-debt or any part
thereof: or
(c) any creditor of the mortgagor who has in a suit for the administra-
tion of his estale obtained a decree for sate of the mortgaged
property.

Sl,1brogaUon. 91. Any of the persons referred to in scction 91 (other than the
mortgagor) and any cO'mortgagor shall. on redeeming property subject to the
mortgage. have. so far as regards redemption. foreclosure or sale of such
property, the same rights as the mortgagee whose mortgage he redeems may
have against the mortgagor or aoy other mortgagee.

The right conferred by this section is called the right of subrogation. and
a person acquiring the same is said to be subrogated to the rights 0: the
mortgagee whose mortgage he redeems.
A person who has advanced to a mortgagor money wlth which (he
mortgage has been redeemed shall be subrogated to the rights of tbe mortgagee
whose mortgage has been redeemed: if the mortgagor has by a registered
instrument agreed that such person shall be so subrogated.
 Transf~r 01 Property. 171

Nothing in this section shall be deemed to confera right of subrogation

on any perSOn unless the mortgage in respect of which the rigbt is claimed
has been redeemed in full.

'3. No mortgagee paying off a prior mortgage, whether with or ProhibitiOn

without notice of an intermediate mortgage, shall thereby acquire any priority of tack!n,.
in respect o( his original security; and. except in the case provided for by section
79. no mortgagee making a subsequent advance to the mortgagor, whether with
or without notice of an intermediate mortgage, shall thereby acquire any
priority in respect of his security (or sucb subsequent advan~.

94. Where a property is mortgaged for sUCC'essive debts to successive ru~t. of

m~",
mortgagees. a mesne mortgagee bas the same rigbts against mortgagees posterior mOl1lagce.
to himself as he has against the mortgagor.

95. Where one o( severa) mortgagors redeems the mortgaged property. he Righi of
shall, in enforcing his right o( subrogation under section 92 against his co redeeming
~mortga~OJ
mortgagors, be entitled to add to the mortgage-money recoverable (rom them 10 expenae.
such proportion of the expenses properly incurred in such redemption as is
attributable to their sbare in the property.

M. The provisions hereinbefore contained which olpply to a simple Mortcage by

derpolil Of
mortgage sball. so far as may be. apply to a mortgage by deposit of tiUedeed
title-deeds.
97.
Ancm%u$ Mortgages.
". In the case of an anomalous mortgage tbe rights and liabilities of the Righi. and
parties shall be determined by their contract as evidenced in the mortgage- Ji.:IbiliUu t)f
deed. and, so far as such contract does not extend. by local usage. ::~~:I~'
99. morlgaget.

Charges.
108. Where immoveable property of one person is by act of parties or Cbarle.
operation of law made security for the payment of money to another. and the
transaction does not amount to a mortgage. the latter person is said to have a
Charge on the property; and all the provisions bereinbefore contained whicb
apply to a simple mortgage sball. so far as m,y be. apply to such charge.
Nothing in this section applies to the charge of a trustee on the trust
property for expenses properly incurred in the execution of his trust. and.
save as otherwise expressly provided by any law for the time being in force.
no charge shall be enforced against any property in Ihe bands of a person to

whom such property bas been transferred for consideration and witbout
notice, of the charge.

12
 178 Transfer of Property.

No nlh'ller in 1.1. Any mortgagee of. or person huving a charge Upon. immo\'eable
<:a.eof
lubsequenl property. or any transferee from such mortgagee or charge-holder. may
incumbrance. purchase or otherwise acquire the rights in the property of the mortgagor or
owner. as the case may be. without thereby causing the mortgage or charge to
be merged as between himself and any subsequent mortgagO,!; of, or person
having a subsequent charge upon. the same property; and no such subsequent
mortgagee or charge-holder sbat! be entitled to foreclose or sell such property
without redeeming the prior mortgage or charge. or otherwise than subject
thereto.

Notice Qnd Tender.

Sen-ice or 102. Where the person on or to whom any notice or tcnder is to be
lender on 01' served or made under this Chapter does not reside in the district in W:~.';~l the
to aJenl.
mortgaged property or some part thereof is situate, service or tender 0:1 or to
an agent holding a general power-of-attorney from such person or otherwise
duly authorized to accept such service or tender shall be deemed sufficient.
Where no person or agent on whom such notice should be served can be
found or is known to the person required to serve the notice. the latter
person may apply to any Court in which a suit might be brought for redemp-
tion of the mortgaged propeny. and such Court shall direct in what manner
such notice shall De served. and any notice served in compliance with such
direction shall be deemed sufficient;
Provided that. in the case of a notice required by section 83 in the case
of a deposit. the application shall be made to tho Court in which the deposit
has been made.
Whele no person or agent to whom such tender should be Ol<lde can be
found or is known to the person desiring to make the tender. the latter person
may deposit in any Court in which a suit might be brought for redemption of
the mortgaged property the amount sought to be tendered. and such deposit
shall have the effect of a tender of such amount.

Notice. etc:, 103. Where. under the provisions of this Chapter. a notice is to be
to or by per- served on or by. or a tender or deposit made or accepted or taken out of
IOD incompe-
lent to Court by. any person incompetent to contract. sueh notice may be served on
oonlract. or by. or tender or deposit made. accepted or taken by. the legal curator of
the property of such person; but where there is no such curator. and it is
requisite or desirable in the interests of such person that a notice should be served
or a tender or deposit made under the provisions of this Chapter. application
may be made to any Court in whieh a suit might be brought for the redemption
of the mortgage to appoint a guardian ad JiUm for the purpose of serving. or
receiving service of such notice. or making or accepting such tender. or
making or taking out of Court such deposit, and for the performance of all
consequential acts which could or ought to be done by such p.~rson if he were
competent to contract: and the provisions of Order XXXII in the First
Schedule to tbe Code of Civil Procedure shall. so far as may be. apply to such
 Tromfu of Proputy. 179

application and to the parties thereto and to the guardian appointed Ibere
under.

1&4. The Higb Court may. from time to time. mJ.ke rules consislent Pow~r to
mate rllk...
with this Act f(l carrying out. in itself and in Ibe Couru of Civil Judicature
subject 10 its SJperintendence. the provisions containe:l in this Ch~pter.

CHAPTER V.
OF LEASES OF IMMOVEABLE PlOPEaTY.
1.5. A lease of immoveable property is a transfer of a right to enjoy leaR" Of
. de!incd.
sueh property. made for a certain time. express or Implied. or in perpetuity.
in consideration of a price paid or promised. or of money. a share of crops.
service or any other thing of value. to be rendered periodically or on specified
occasions 10 the transferor by tbe transferee. who accepts the transfer on such
terms.
The transferor is called the lessor. tbe transferee is called the lessee. the" Lessor,"
price is called Ihe premium. and the money. sbare. servic:e.or other thing to ::~~~~~:l"
be so rendered is called the rent. and relit .. U

delioed.
106. In the absence of a contract or loc:d law or usage to the contrary. Duration or
a lease of immove:lble property for agricultural or m:mufacturing purposes f:-a':~~:':
shall be deemed to be a lease trom yelt to year, terminable, on th: part of wrjUen
either lessor or lessee. by six months' notice expiring with the end of a year f:~i~~~~~,
of the lenancy: and a lease of immoveable property for any other purpose
shall be deemed to be a lease from month to month. terminable. on the part
of either lessor or lessee. by fifteen days' notice expiring with the end of a
month of the tenancy.
Every notice under this section must be in writing signed by or on behalf
of the person giving it. and either be sent by post to the rarty who is intended
to be bound by it Or be tendered or delivered personally to such party. or to
one of his family or servants at his residence. or (if such tender or delivery is
not practicable) affixed to a conspicuous part of the property.

1107. A lease of immoveable rroperty from year to year or for any

lerm exceeding one year. or reserving a yearly rent. can be made only by a
registered instrument.
~Il other leases of immoveable property may be made either by a
registered instrument or by oral agreement accompanied by delivery of
possession.

I As to limilation 10 til:: territorial oper~liOll 0( I~CUOR 101. lU KClioa I: led10n 10;

e~lelld, to e'~ry e.lQton:nentill the Uui<)tt 0( Iiml; Ie; .cellon 287 of tbe C<l8tl1menll Act.
 180 Transfer of Prop~rty.

Where a lease of immoveable property is made by a registered instru-

ment. such instrument or, where there are more instruments than one. each
such instrument shall be executed by both the lessor and the Jessee:
Provided that the President of the Union may. from time to time. by
notification in the Gazette. dire<:t that leases of immoveable property, other
than leases from year to year. or for any term exceeding one year, or
reserving a yearly rent. or any class of such leases, may be made b)L
unregistered instrument or by oral agreement without delivery of possession.
RiChts and 108. In. the absence of a contract or Jocal usage to the contrary.
liabilltle. of the lessor and the lessee of immoveable property, as against one ano!her.
lenor alld
lalte. respectively. possess the rights and arc subject to the liabilities mentioned in
the rules next followiog. or such of them as arc applicable to tbe property
leased :-
(A) Rights and Liabilitits of the Usror.
(0) The lessor is bound to disclose to the lessee any material defect
in the property. with reference to il$ intended usc. of which the
former is and the latter is not aware. and which the latter could
not with ordinary care discover;
(6) tbe lessor is bound on the lessee's request to put him in possession
of ~he property;
(c) the lessor sball be deemed to contract with the lessee tbat. if the
latter pays the rent reserved by the lease and performs the
contracts binding on the lessee. he may hold tbe property
during the time limited by the lease without interruption.
The benefit of such contract shall be annexed to and go with tbe lessee's
interest as such. and may be enforced by every person in whom that iuterest
is for the whole or any part thereof from time to time vested.

(B) Rights and Liabililies Of the Ussee.

(d) If during the continuance of the lease any accessiOn is made to
the property. such accession (subject to the law relating to
alluvion for the time being in force) shall be deemed to be
comprised in the lease;
(e) if by fire, tempest or "ood. or violence of an army or of a mob or
other irresistible force. any material part of the property be
whOlly destroyed or rendered substantially and permanently
unfit for the purposes for which it was let. the lease sball, at
the option of the lesseo. be ,'oid :
Provided tbat. if the injury be occasioned by the wrongful act or
default of the lessee. he shall not be entitled to avail himself of
the benefit of this provision:
(f) if the lessor neglects to make, within a rea.sonable time after
notice. an)' repairs which he is bound to make to the property.
the lessee may make the same himself, and deduct the expeose
 Transfer of Properiy. 181

of such repairs with interest from the rent. or otherwise recover

it from tbe lessor;
(g) if the lessor neglects to make any payment wbich he is bound to
make. and which. jf not made by bim. is recoverable from the
lessee or against the property. the lessee may make such pay
meat himself. and deduct it with interest from the rent. or
otherwise recover it from tbe lessor ;
(h) the lessee may. even after tbe determination of the lease. remove,

at any time whilst be is in possession of the property leased
but not afterwards. all tbings wbich _be has attached to tbe
eartb: provided he leaves the property in the state in wbich
he received it ;
(i) when a lease of uncertain duration determines by any means
except tbe fault of the lessee. be or his legal representative is
entitled to all tbe crops planted or sown by the lessee and
growing upon the property when the lease determines. and to
free ingress and egress to ga ther and carry them;
(i) the lessee may transfer absolutely or by way of mortgage or
sub-lease the whole or any part of bis interest in the property.
and any transferee of such interest or part may again transfer
it. The lessee shall not. by reason only ofsucb transfer. ceaso
to be subject to any of the HabHities attaching to the lease ;
notbing in this clause shall be deemed to authorize a tenant
baving an untransferable right of occupancy. or the farmer
of an estate in respect of which default has been made in
paying revenue. to assign his interest as such tenant or
farmer:
(k) the lessee is bound to disclose to the lessor any fact as to the
nature or extent of the interest which the lessee is about to take.
of which the lessee is, and the lessor is not, aware, and which
materially increases the value of such interest;
(I) the lessee is bound to payor tender. at the proper time and
place. the premium Or rent to the lessor or his agent in this
bebaU;
(m) the lessee is bound to keep. and on the termination of the lease
to restore. the property in as good condition as it was in at
the time when he was put in possession. SUbject only to the
cbanges caused by reasonable wear and tear or irresistible
force. and to allow the lessor and his agents. at all reasonable
times during the term. to enter upon the property and inspect
the condition tbereof and give or leave notice of any detect in
sucb condition; and, when such defect has been caused by any
act or default on tbe part of the lessee. his servants or agents.
he is bound to make it good witbin three montbs after such
notice bas been given or left;
 82 Transfer of Propert)'

(n) if the lessel: becomes aware of any procceding to r~covcr the

property or an)' part tbereof. or of any encroachment made
upon, or any interference with. the lessor's rights concerning
such property. he is bound to give. with reasonable diligcncl:.
notice thereof to the lessor;
(0) the lessee may use the property and its products (it any) as a
person of ordinary prudence would use them if thcy were hit
own; but he must not use. or permit anoth~r to use. the
'property for a purpose other than that for which
it was leased. or fell or sell timber. pull down or
damage buildings belonging to the lessor. or work mines or
quarries not open when the lease was granted. or commit any
otber act whicb is destructive or permanently injurious thereto;
(p) he must not. without the lessor's consent. erect on the property
any permanent structure. except for agricultural purposes;
(q) on the determination of the lease. the lessee is bound to put the
lessor into possession of the property.
1~lghtl of 10!J. If the lessor transfers the property leased. or any pari thereof. or
lenor'. any part of his interest therein. the transferee. in the absence of a contract to
tranlleree. the contrary. sha'1l possess all the rights. and. if the lessee so elects. be
subject to all the liabilities of the lessor as to the property or part transferred
so long as he is the owner of it ; but the lessor shall not, by reason only of
such transfer. cease to be subject to any of the liabilities imposed upon him by
the lease. unless the lessee elects to treat the transferee as the person liable
to him:
Provided that the transferee is not entitled to arrears of rent due before
the transfer. and that if the Jessee. not having reason to believe that such
transfer has been made. pays rent to the lessor. the lessee shall not be liable
to pay such rent over again to the transferee.
The lessor. the transferee and the lessee may determine ~hat proportion
of the premium or rent reserved by the lease is payable in respect of the part
so transferred. and. in case the>" disagree. such determination may be made by
any Court having jurisdiction to ent('rtain a suit for tbe possession of the
property leased.

EJO\ Ill$ion 01 110. Where the time limited by a leare of immove:llblc property is
!byonwhieh expressed as commencing from a particular day. in computing that time such
lermexm.
mltllees. day shall be excluded. Where no day of commencement is named. the time
so limited begins from the mal.ing of the lease.
Dl:r;:.tion of Where the time so limited is a year or a number of years, in the alSsence
huse (Of a of an express agreement to the contrary. the lease shall last during the whole
yUt. anniversary of the day from which such lime commences.
Option 10 de- Where the time so limited is eltpressed to be tCflriinable before its
termine
lease. expiration, and the lease omits to mention at whOle option it is so terminable,
the lessee, and not the lessor, shall have sucb option.
 Trofl$ftr 01 Property. 183
llL A lease of immoveable property determines- Determlna.
UODo[Ic:a...
(a) by efflux of the time limited thereby;
(b) where such time is limited conditionally on the happening of somo
event-by the happening of such event;
(c) where the interest of the lessor in tbe property terminates on. or
his power to dispose of the same extends only to. the happenin.
of any event-by tbe happeniol of such event;
(d) in case the interests of the lessee and the lessor in the Whole of Ihe
property become vested at the same time in one penon in tbe
same right;
(to) by express surrender; that is to say. in case the lessee yields up
his interest under the lease to the lessor. by mutual a&teement
between them;
(j) by implied surrender;
(g) by forfeiture; that is to say. (1) in case the lessee breaks an
express condition which provides that on breach tbereof 1M
lessor may re-enter. or (2) in case the lessee renounces his
character as such by setting up a title in a third person or by
claiming title in himself. or (3) the lessee is adjudicated an
insolvent and the lease provides that the leSsor may re-eoter on
the happening of such event; and in any of these cases tho
lessor or his transferee gives notice in writins to the lessee of his
intention to determine the lease ;
(h) on the expiration of a notice to determine the lease. or to quit. or
of intention to quit. the property leased. duly given by one party
to the other.
JII.JI 'Id w. I. d."Sl 00.
A InlCe a;c"'pb from hit le'tor a lieill' IC:l5eof Ib' property kUtd, 10 latc c:fJect dwUJ&
tile cOIllinu;lllcc ollhc niitilllt h'Ollc. Thil h all ilDplied Iurrelldv' 01 the fonDer le;lU. and IIK:h
le;llU dete-nnine5 theret ('OIl.

111. A forfeiture under section Ill. clause (,) is waived by acceptance of Waiver of
rent which has become due since the forfeiture. or by distress for such rent. f[eiture.
or by any other act on the part of the lessor showing an intention to Ireat tbe
lease as subsisting:
Provided that the lessor is aware that the forfeiture has been incurred:
Provided also that. where rent is accepted afler the institution of a ,uit
to eject the lessee on Lbe ground of forfeiture. sucb acceptance is not a waiver.

113. A nOlice siven under seclion 111. claule (II). is waived. with tbe Wilinrcl
express or implied consent of the person to whom it is ,iven. by any act On nnCice to
quit.
the part of the person giving it showing an intention 10 treat lhe lease u
subsisting.
IIlust'ldiolll.
(Ill A, the lusor. :::Iv<-, 8, t:le lenee. notice Ie quit Ihc propert)' leBed. The notice
uriru. B te"d~rr. and A ;IIecerli. renl whicb has bCCOIDCl due la relped 01 lhe 1\1'01''''' tlnee
lhe upiraUO.lI of the QC.otice The notice I.... ail-ed.
 184 Transfer of ProperlY'

(hi A, the le5$or, give. B, the lessee, notice to quit the property leased. The noUcc
expires, and 8 remains in J:IO$$usion. A ~lve. to B as I.nee a .econd noUce to quit. The first
notice is wailed.

Relief l'l':ainst 114. Where a lease of immoveable property has determined by forfeiture
lorfeiture fvr for non-payment of rent. and the Jessor sues to eject the lessee. if at the
1I0n-p:lyment
of rtent. hearing of the suit the lessee pays or tenders to the lessor the rent in arrear.
together with interest thereon and his full costs of the suit. or gives such
security as the Court thinks sufficient for making such payment within fifteen
days. the Court may. in lieu of making a decree for ejectment. pass an order
relieving the lessee against tJle forfeiture. and thereupon the lessee shan hold
the property leased as if the forfeiture had not occurred.

Relief against 114A. Where a lease of immoveable property has determined by forfeiture
forfdture in for a breach of an express condition which provides that on breach thereof the
cerIa-in other
cn.se-. lessor may re-enter. no suit for ejectment shall lie unless and until the Jessor
bas served on the lessee a notice in writing-
(a) specifying the particular breach complained of. and
(b) if the breach is capable of remedy. requiring the lessee to remedy
.
the breach.
and the lessee fails. within a reasonable time from the date of the service of
the notice. to remedy the breach. if it is capable of remedy.
Nothing in this section sball apply to an express condition against the
assigning, under-letting. parting with the possession. or disposing. of the
property leased. or to an express condition relating to fodeiture in case of
non-payment of rent.

ElTect of sur_ tU. The surrender. express or implied. of a lease of immoveable

remler and property does not prejudice an underlease of the property or any part thereof
forfeitllrte 011
under leases. previously granted by the lessee. on terms and conditions substantially the
same (except as regards the amount of rent) as those of the original lease; but
unless the surrender is made for the purpose of obtaining a new lease. the
rent payable by. and the contracts binding on. the under-lessee shall be
respectively payable to and enforceable by the lessor.
The forfeiture of sucb a lease annuls all such under-leases. except where
such forfeiture has been procured by the lessor in fraud of tbe under-lessees,
or relief against tbe forfeiture is granted under section 114.

Effrct of IUS. If a lessee or uDderlessee of property remains in possession thereel

boldine Oller. after the determination of the lease granted to the lessee. and the lessor or
his legal representative accepts rent from the lessee or under-lessee. or other-
wise assents to his continuing in possession. the lease is. in the !'bsence of aD
agreement to the contrary. renewed from year to year. or from month to
month. according to the purpose for which the property is leased. as Specified
in section 106.
 Transfer oj ProperlY. 185

II1IH/r.Uo1l'.
("I A lets" b(J"lleto B f.lt 81'e )"eIU. 8 underlel1 the hou.>c to C at a monthly rent of
R.. JOO. The five )'ean upire, but C continues In I'IO'lcnion Of the house and. rap Inc rent 10
A, C'I leue il renewed frlJCll month to month.
(It) A: leb" facm 10 8 for Ute life of C, C diel. but B COnthlllel io p<Wellion willi
anenl. S'alcale it rencwed from year to year.
tI,

117. None of the provisions of tbis Chapter apply to leases for EJ:cmptiOnal
agricultural purposes. except in so far as the President of tbe Union may. by ~~U':ra1
notification published in the Gazette. declare all or any of such- provisions to purPOlCt.
be so applicable in the case of all or any of such lI:ases. together witb. or
subject to. those of the local law. if any. for the time being in force.
Such nOtification shall not take effect until the expiry of six mOnths from
the date of its publication.

CHAPTER VI.

OF EXCHANGES.

118, When two persOos mutually transfer the ownership of one thing for "EaeMnge"
the ownership of another. neither tbing or both things being money only. the defined.
transaction is called an .. exchange...
A transeer of property in completion of an exchange can be made only
in manner provided for tbe transfer of such property by sale.

11'. U any party to aD exchange or any person claiming through or Righi of

under sucb party is by reason of any defect in the title of the otber party party deprl".
ed of Ihl"l
deprived of the thing or any part of che thing received by him in exchange. rccelveJ ill
then. unless a contrary intention appears from the terms of the exchange. such CJ:cba"ge.
otber party is liable to him or any person claiming through or under bim for
loss caused thereby. or at the option of the person so deprived for the return
of the thing transferred, if still in the possession of such other party or his
legal representative or a transferee from bim without consideration.

110. Save as otherwise provided in this Chapter. each party bas the ~ig~lI and
rights and is subjecc to the liabilities of a sellel;, as co that which be gives. and ~:U~I.ICI Of
has the rigbts and is subject to the liabilities of a buyer as to that which be
calcet.

121. On an_ exchange of money. each party

cenuineness of tbe money given by bim.
thereby warrants the
.....,..
EIcf!ar.ll:e Of
 186 Transf~r 01 Property.

CHAPTER VII.

OF GIFTS.

.. Gilt" 111... Gift" is the transfer of certain existing moveable or immoveable

defined.
property. made voluntarily and without consideration. by one person, called
the donor, to another. caUed the donee. and accepted by or on behalf of the'
donee.
Accefl tanre Such accoptance must be made during the lifetime of the donor and
wilen tQ be
mad!.'. while he is still capable o.f giving.
If the donee dies before acceptnnce, the gift is void.

Trander how 1 113. For the purpose of making a gift of immoveable property, the
rifcetcd. transfer must be effeeted by a registered instrument signed by or on behalf of
the dOnor. and attested by at least two witnesses.
For the purpose of making a gift of moveable property. the transfer may
be effected either by a registered instrum:=nt signed as aforesaid or by
delh.-ery.
Such delivery. may be made in the same way as goods sold may be
delivered.
Girt of edst 124. A gift comprising both existing and future property is void as to
in&:: and
'ulure the lauer.
,"opel t,..
Gift kl 115. A gift of a thing to two or more donees. of whom One does not
se"enl,ol accept it. is void as to the intereSt which he would have laken had he
wh'lPl one
d.-.c:snot accepled.
accept.

Wben girt 126. The donor and donee may agree that on the happening of any
may be IUS' specified event which docs not depend on the will of the donor a gift shall
~Iukdor
re,"oked. be suspended or revoked; but a gift which the parties agree shall be revocable.
wholly or in part. at the mere will of the donor, is void wholly or in part. as
the case may be.
A gift may also be revoked ig any of the cases (save wanl or failure of
consideration) in which. j[ it were a contract. it might be rescinded.
Save as aforesaid. a gift canna, be revoked.
Nothing contained in this fection shall be deemed to affect the rights of
transferees for consideration without notice,
JllHslr"Ufnu,

(a) A Civ~s a field to B, reservill( 10 hiLn1Clf. with B's usent. the rlcl't to tale bxk tbe:
field in case B aDd his descl'1ldanll die before A, B dies without dC'Scel1d.ar.ts in A's llrc:4ime.
A may take Nc.t. the field .
As 10 limitauoD to tbe: lenitorial operation of seclion 123. see section I; this section
utmd, to e,-ery c.mIOliment in the: Vllion of Hlirma; s" .section 287 of tbe: CaDlorlmentl Act.
 Transfer of Property. 187
(6) A giv~ a lalth of fUp:eS to D, reserving b hlll15elf. with 8'. uUnt,lhe rlclltlotue
b:tck .t r-Icuure rho 10,000 out of the lakh. 1'he gm hold. good u to Rs. 90.000 but I. \'oid
:1'10 R,. 10,000. which continue 10 bdODa: 10 A

117. Where a gift is in tbe form of a single transfer 10 the same person
of several things. of which one is. ;I,nd the otbers are not. burdened by
an obligation. the donee can take nothing by the gift unle" he accepts it fully.
Where a gift is in the form of two or more separate and indepen_
dent transfers to the same person of several things the donee is at liberty
10 acc~pt one of them and refuse the oth~rs. although J:he former may
be benel1ci:l.1 and the latter onerous.
A donee not competent to contracl and accepting property burdened OnerOD' ilt
lodi'quali-
by any obligation is not bound by his acceptance. But if. after becoming fled peuOQ.
competent to contract and being aware of the obligation. he retains the
property given. he becomu so bound.
IItHd rttlio,u.

(uJ A h:. share. in X. a rw-0lperoUJ j 'inl .tock COnlP~Y. and allO a1~rel in Y :a jOint
,t(l(:k oomp3ny in difficu:tic. Hca') (:til, arc IZj'>c'(:led in rc,pw 01 the .hun in Y. A ,i.'tS 8
:111 bb Ih:ue, In j'llnl dlXk c,;)lnp:lniu. Jl rti'ull.' to :lcccri Ihe .hare, in Y. He canuol t .....e
Ihe ,h;\ruln X.
(I,) A. havin!: a 1e;l.SC f 11" a lurn of \'un of a houle .1 a rcnt <lWhio;h he aDd hi. repl'~
.enLtlin.a.e bouDd to poly dnri"g lilC t<flJl, ,lind whk:ht s more Ihan Ihe house can be I~I 'uf,givft
t\) R Ihe lute and alsn, as a ....p u'a!e and independenlln,nucUon,a sum of m:mey. B refuses
Il) accept lhe Itate:. He doxs not by this refuUI fortclt the moucy,

118. Subject to the provisions of section 127. where a giftconsiSfsof Culver.al

the donor's whole property, the donee is personally liable for all the dunee.
debts due by and liabilities of the donor at the time of the gift to the
extent of the property comprised therein.
U9. Nothing in this Chapter relates to gifts of moveable property Saving of
dOQ.ltion,
made in contemplation of death, or shall be deemed to affect any rule of mortis ' ... JQ
Muhammadan law. and Muham.-
ua.ubn law.

CHAPTER VIII.
OF TRANSFERS OF ACTION4BLE CLAIMS,

130. (I) The transfer of an actionable claim, whether with or without Trander cl
consideration, shall be effected only by the e),ccution of an instrument in actlo'nble
claim.
writing signed by the transferor or his dUly.authorized agent. _hall be com-
plete and effectual upon the execution of such instrument. and thereupon all
t~e rights and remedies of the transferor. whether by way of damages or
otherwise, shall vest in the transferee, whether such notice of the transfer aI it
hereinafter providd be given or not:
Pro\'ided that every dealing with the debt or Olher actionable claim by
the debtor or other person from or against whom the transferor would. but
for such instrument of Iransfer as aforesaid, have been entitled to recover or
 188 Transfer of Property.

enforce such debt or other actionable claim. shall (save where the debtor or
other person is a party to the transfer or has received express notice thereof
as hereinafter provided) be valid as against such transfer.
(2) The transferee of an actionable claim may. upon the execution of
such instrument of transfer as aforesaid. sue or institute procedings for the
same in his own name witbout obtaining the transferor's consent to such suit
or proceedings and without making him a party thereto.
Exception.-Nothing in this section applies to the transfer of a marine
or fire policy of in~urance.

IJlu.$/rdtiolll.

(i) A owumoney to B,who transfers the debt to C. Bthen demlnd~ the debt from A,
who, not having rtct!\'ed notice 01 the tr:mder, as pres~ribed in S~CUUll 131. pays B, The
paymenl is \-alid, and C cannot sue A f,n Ihe debt.
(iil A effects a policy on hil own liIe with an insurance company and ~ls8ign8 it to a b:lnk
lor ~ecuring the paym.,nt of an uisting or future d.,bt, If A dies, the bank il .,,,titled to
receive the amount of the fIOlky :lnd tosue on it without the concurrenCe of A's eXe<;utor, SlIbjed
to the pro\'ilO In sub-section (I) of section 130 and to the provisions of Ic<::tion 132.

Notice to be 131. Every notice of transfer of an actionable claim shall be in

in wriling, writing. signed by the tranl;feror or his agent duly authorized in this behalf. or.
sigoed.
in case the transferor refuses to sign. by the transferee or his agent. and sball
state the name and address of the transferee.

Liability of 131., The transferee of an actionable claim shaH take it subject to all
tranSferee of
actionale the liabilities and equities to which the transferor was subject in respect
c1ailll. thereof at tbe date of the transfer,

11l.ul,.,djotl~.

(i) A transfers to C a debt dlle to him by 8, A being then indeb~e:1 to 8. C \Ille! B ror the
debt due by B to A. In such snit B is entitled to set oft the debt due by A to him 311holll(h C
'wa. unaware 01 it a\ the date of such transfer,
{iiI A extculed a bond in favour of B undtT circumslances entitling tile furmer to have it
delivered liP and cancelled. B assigns the bond to C for value and wllhoul nolict: Of fll(h
circumstances. C cannol enforce the bond aRilinsl A.

Warranly tlf 133. Where the transferor of a debt warrants the solvency of the debtor.
solvency of the warranty. in the absence of a contract to the contrary. applies only
debtor.
to his solvency at the time of the transfer. and is limited. where the transfer
is made for consideration. to the amount or value of such consi.deration.

Mortgaged 134. Where a debt is transferred for the purpose of securing an

debt. existing or future debt. the debt so transferred. if received by tbe
transferor or recovered by the transferee. is applicable. first.,. in payment
of the costs of such recovery. secondly, in or towards satisfaction of the
amount for the time being secured by the transfer. and the residue. if any.
belongs to the transferor or other person entitled to receive the same.
 Transftr 01 Property. 189

135. Every assignee. by endorsement or otber writing. of a poticy of AUignmeat

marine insurance or of a policy of insurance against fire. in whom the property of right.
unde, marine
in the subject insured shall be absolutely vested at the date of the assignment. 01" fire polk,
shall have transferred and vested in him all rights of suit as if the contract 01 insul'J,nce.
COntained in tbe policy had been made with bimself.

136. No judge, legal practitioner or officer connected with any Court of Incap3City 01
Justice shall buy or traffic in. or stipulate for. or agree to receive any sbare officen
connected
of or interest in. aoy actionable claim. and no Court of J ustico shall enforce ..lUI Court.
at his instance or at the instance of any person claiming by or througb bim. of Julliu.
any actionable claim so dealt with by him as aforesaid.

137. Nothing in the foregoing sections of this Chapter applie. to stock., Savinr of
share. or debentures. or to instruments which are for the time being, by law neJOtiabk
instrument
or custom. negotiable, or to any mercantile document of title to good. etc.
Explanation.-The expression" mercantile document of title to loods"
includes a bill of lading. dock-warrant. warehouse-keeper's certificate. railway
rec:eipt. warrant or order for the delivery of goods. and any other document
used in the ordinary course of business as proof of tbe possession or control
of goods. or aUlhorizinl or purporting to authorize. either by endorsement or
by delivery, the possessor of the document to transfer or receive goods
thereby represented.

THE MONTHLY LEASES (TERMINATION) ACT,INf,

(BuaMAo ACT XLIX. 1946.] (23rd December. 1941.)

WHEREAS it is expedient to provide for tbe termination of certain leases
from month to month of immovable property which cannot be enjoyed by
reason of enemy occupation of Burma;

It is hereby enacted as follows :-
1. (I) This Act may be called the MonthlY Leases (Termination) Act. SbortliUe
. .d _
1946. mtDCemtlllI.
(2) It shall be deemed to have come into force with effect from the
twenty-third day of December. 1941.
%. This Act shall apply oaly to loases of immovable property from ~Ucatloa
month to month: Act.
Provided that nothing herein contained shall affect any leases of
immovable property which have been determined at any time after the twenty-
third day of rkcember. 1941. by or under tbe provisions of aoy other law for
the time being in force. or by agreement between the parties.
 190 Monthly uoses (Termination).

Defitlilioa. 3. In this Act.-

(0) .. enemy" means any State or Sovereign of a State which is at
war with His Britannic Majesty;
(b) "lease" includes a sub-lease; and
(c) "lessee" includes a .. sub-lessee...

Termination ... Notwithstanding anything contained in any law for the time being in
olleaae. force. if a Jessee ceases to OCCup).or be in possession of an immovablepropetty
by reason of the occupation by the enemy of the place where the immovable
property which is'the subject of a lease is situate. the lease of such immovable
property shall be deemed to. have been determined with effect from the end of
the month in which the lessee so ceased to occupy or be in possession of the
properly.

Con:~u~ 5. On the determination of a lease under the provisions of this Act. the
1!UiI ~nauiDg foUowing consequences shall ensue;-
em tc:~milla
lion. (el) The lessee shall be absolved from all liability for payment of
rent from the date on which the lease is deemed under the
provisions of this Act to have been determined.
(b) The lessor shall be deemed to have been put inlo possession of
the property leased within the meaning of clause (q) of section
108 of the Transfer of Property Act.
(c) Except in regard to the payment of such arrears of rent as may
be outstanding. if any. all rights and liabilities of the lessee
under Ihe lease or under the provisions of the Transfer of
Property Act shall cease and determine. and
(d) Any person in possession of the property after thedetermination
of the lease. except with the consent of the lessor or his agent.
shall be deemed to be a trespasser.

THE URBAN RENT CONTROL ACT. 1948,'

(BURMA Acr VI. 1948.] (10th January. 1948.)

WHEREAS it is necessary to consolidate and amend the existing Urban

Rent Control Act. 1946. and subsequent Amendment Acts which were enacted
for the purpose of restricting rents of premises in urban areas and for making
provision for other matters incidental to or cOnnl:tted with the purpose
aforesaid:
It is hereby enacted as foUows :.:..-
1. (I) This Act may be called the Urban Rent Control Act. 1948.
(2) Subject to the provisions of section 3. it shall extend to all urban
areas in the Union of Burma

Pllbliahed in BNrlll4 Ga:eUe.1948. Part I, Page 71.

 Urban Rent Control. 191

I (,1) [The Act shall come into force at once except the provisions of
sections 16;.. 16;.;. . 16B and 16B8 which shall come into force on such date
and in such area!l as the President may appoint in this behalf; and it shall be
in force until the eighth day of October 1951; but the President may. by
notification. 3 direct that it shall continue to b" in force for such further
period or periods and in such areas as may be specified in that behalf.)
Provided that the expiry of the Act shall not render recoverable any
rent which during the continuance thereof Was irrecoverable or affect the right
of the tenant to recover any sum which during the continuance thereof was
under the Act recoverable by him,
Z. In this Act. unless there is anything repugnant in the subject or
context.-
(0) "City of Rangoon" means the City of Rangoon as described in
Schedule VI to the City of Rangoon Municipal Act as amen
ded from time to time:
(b) .. Controller" means the Controller of Rents appointed under
this Act;
(c) "landlord" means any person for the time being entitled to
receive rent in respect of any premises, whether on his own
account or on accOunt or on behalf or for" the benefit of any
other person. or as trustee. guardi!l.n or'receiver for any otber
person. [or who would so receive the rent or be entitled to
receive the rent. if the premises were Jet to a tenant.] , and
includes a legal representative, as defined in the Code of Civil
Procedure. and a tenant who sublets any premises and every
person from time to time deriving title under a landlord;
(d) premises" means-
(j) any land on which a building bas been erected and any
building or part of a building let [or occupied or intended
to be let or occupied]' separately for any purpose what
ever, including a stall Jet for the retail sale of goods in a
market or any other building. and any land. furniture or
fixture let lo&ether with such building or part of a building;
(ii) any land let [or occupied or intended to be let or occupied] ,
separately for any purpose whatever;
(e) .. prescribed" means prescribed by rules made under tbis Act;
I Sub,till.ted by Ad LIII, 19411.
I The poolision. of sectiolls 16", 16AA. J6B and 16111I ~am, into force on ht December 1948,
In the City of 1~:'llg'lQn. Sec: Bu,ma Ga:tttt, 194i. p:lrt I, Jl:lge 12'*6.
I For l\oti6ulion cr.tendir.g the oper.ttion of this Act in all urban IIreas to which it i,
applil!.ble for ... r.lrther period of three yeiU'S from 8th October 1951; see Burma Goutt" 1951.
Part I, Jl-"'Ige 577.
:;)"'''8''''''''=00021<'''> ~S~,.o,l: "l!~9 ~I .",.,J;"l= 0 'l"'iot\'oii
0t.,J;oo&n,.",oSrooJ;",=ooo21<ro>&",s\06;g"">dl \.,~Ect<nS, 0e ~9 ~I ~,
01 O?<jOS" 09" 'llE&.
Inserted by Act LlII.-19n.
192 Urban Rent Control.

CJ) .. standard rent" in relation to any premises means-

(I) in the cases specified in section 19 the rent fixed by the Con
troller. subject to any order of the Chief Judge of the City
Civil Court of Rangoon in respect of the City of Rangoon
or to any order of the Judge prescribed under section 22.
in respect of any other urban area:
(II) in all other cases-
(A) the rent at which the premises were let on the first day of
September 1939 ;
(8) where the premises were not Itt on the first day of September
19<39. the rcnt at which they were let before that date;
(e) wbere the premises were first let after the first day of Septem-
ber 1939 and before the first day of January 1941 tbe rent
at which they were first let;
(D) where the premises were Jet on tbe first day of September
1939 on a lease providing for a periodical increase of rent-
m during the currency of the lease the rent so provided for
from time to time. and
(ii) after the expiry of the lease the rent payable during the
." last period of the lease:
(El wbere the premises were let under a lease for a period of five
years or upwards commencing on or before the first day
of September 1934. which has expired after the first day of
September 1939. the rent fixed by such lease for the period.
containing the first day of September 1939 : Provided that
the President of the Union may prescribe generally or in
the case of any urban area or of any class of premises that
the standard rent as defined in sub-elauses (A). (8),(C). (D)
Gi) and (E) shall be increased by an amount not exceeding
25 per centum [. .] :1 if he considers that such
increase is justified by prevailing economic conditions:
<I) .. tenant" means any person by whom or on whose account rent is
payable for any premises. and includes a legal representative as
defined in the Code of Civil Procedure and every person from
time to timo deriving title under a tenant and also every
person remaining in possession of the premises let to him after
the termination of tbe tenancy or lease with or without the
uscnt of the landlord:
(h) J [.. urban area .. includes the City of Rangoon. any area declared
to be a Municipality under Chapter II of the Municipal Act.
any area declared to be a notified area under section 246 of the
said Act. a Cantonment as defined in the Cantonments Act. any
1 InMrted bv Act LIII, 19~8.
2;The word. "per annum" were deltted by Act XLIl. 19SZ
SubsUtuted by Act LV, 1H9.
 U,bon Rent ConiTOI. 193

area notified as a town under the Towns Act and any other area.
which the President may. by notification. declare to be an
urban area for the purpose of this Act.]
3. (I) The President of the Union may. by notification. exempt from-the
operation of this Act or any portion thereof any such area or class of pre-
.mises as may be specified in such notification and may subsequently canccl or
vary such notification.
(Z) If any question arises whether any premises comc within an urban
arca or within any area or class of premises exempted from the operation of
the Act by notification under sub-section (I). the decision of the President of
the Union on such question shall be final.
(3) Nothing in sections 9, II or 12 of this Act shall apply to any
premises providing board as well as lodging for its tenants which the President
of the Union shall. by notification. declare to be primarily intended for tbe
accommodation of travellers.
4. The President of the Union may. by notification. appoint a
Controller and one or more Assistant Controllers for any urban area in which
this Act is in operation, and may. by general or special order. invest any
Assistant Controller with all or any of the powers of the Co~troJler.
5. (I) Subject to the provisions of this Act, where the rent of any
premises has been or is hereafter during the continuance of this Act increased
above the standard rent, the amount by which such increased rent exceeds the
standard renl shall. notwithstanding any agreement to the contrary. be
irrecoverable:
Provided that nothing in this section shall apply-
(0) to any rcnt .... hich became due before the commencement of this
Act:
(b) to any periodical increment of rent accruing under any agreement
entered into before the first day of September 1939 ; or
(e) to rent payable under any lease entered into before the first day of
September 1939 which has not expired on the said date.
(2) For tbe purpose of SUb-section (I) the rent shall be deemed to have
accrued from day to day.
6. Where the landlord has since tbe first day of September 1939 incurred
or during the continuance of this Act incurs increased expenditure in the
maintenance and repairs owing to increased cost of building materials or
expenditure on the improvement or structural \Iteration of any premises (not
including expenditure on decorations or repairs). be may apply to tbe
Controller to alter the standard rent.
7. (1) Wbere as tbe result or any alteration of the terms of tbe tenancy
the terms on whifh any premises are held are on the whole leu favourable to
the tenant than the previous terms. the rent shall be deemed to ,be increased
within the meaning of this Act, whether tbe sum payable as rent is increased
or not.

13
19< U,ban R~nl Control.

(Z) Where as the result of any alteration of the terms of the tenancy
the terms on which any premises are held are not on the whole len favoura
ble to the tenant than the previous terms, the rent shall not be deemed to be
increased within the meaning of tbis Act. whether the sum payable as rent is
increased or not.

8. Where tbe landlord pays Bny municipal rates. cesses or taxes in-
respect of any premises. he may apply to the Controller to increase the stan-
dard rent to the extent of the increase in the amount for the time being
payable by th~ landlord in respect of such rates. cesses or taxes. over the
amount paid in the period of assessment which included the first day of
September 1939.

,. (I) Wherever an increase of the rent of any premises is allowable

under the provisions of this Act. no such increase shall be recoverable until
the expiry of one month after the landlord has served on the tenant a notice
in writing of his intention to increase the rent accompanied by a certificate
from tbe Controller fixing the standard rent.
(2) Where such a notice has been served on any tenant. the increase
may be continued without service of any fresh notice on any subsequent
tenant.

10. [t shall not be lawful for any person in consideration of the grant.
renewal or continuance of a tenancy of any premises 10 require the payment
of any fine. premium or any other 1* *] 1 sum in addition to Ibe renl or
to demand any advance in excess of one month's rent:
Provided that nothing in this section shall apply to any payment under
any written agreement entered into before the first day of September 1939.

IDA. (I) Notwithstanding anything contained in any other law the

Controller shall on application made to him in that behalf by a tenant.
including a persall permitted to occupy under the provisions of section 12 (I).
in possession of any buildings to which tbis Act applies cause a notice to be
served on the landlord thereof requiring him to make any or all repairs which
are in the opinion of the Controller necessary to keep such buildings in a
habitable state or to take any measures which are necessary for the main
tenance of supply of water or electricity and the maintenance of drainase and
sewerage services. if the Controller is satisfted that such supplies or services
will be available ( by taking such measures: provided that such supplies or
services were maintained befo~:e the first day of January 1941.] 2
Explanation.-For the purpose of this sub-section the expre'\Sion
.. repairs" means any repairs required for the purpose of keeping b.uildings in
good and tenantable repair. and the landlord shall not be deemed to be
responsible for any repairs for which the tenant is resronsible under an
express agreement in writing.
1 The word '< like" was deleted by Act LIII, 19-48.
1 Sabstituted foe tbe worda" by takina: suth nlenures" by Ad L. 1'150.
 Urban Rent Control. 195

(2) This sub-section shall apply to tenancies created whether before or

after thc eighth day of October 1946.
(3) U after receipt of such notice tho landJord fails or ncglects to makc
within rcasonablc time such repairs or to take within reasonable time such
me-asures. as the case may be. the tenant may submit to the Controller an
estimate of the cost of such repairs or measures and may apply to him for
lJermission to make such repairs or to take such measures himself and there-
upon the Controller may. after considering such estimate of cost and making
such inquiries as he may consider necessary. by an order in -writing. permit
the tenant to make such repairs or to take such measures as the case may be.
at a cost not exceeding such amount as may be specified in the order and it
shall thereafter be lawful for the tenant to make such repairs or to take such
measures himself and to deduct the cost thereof which shall in no case
exceed the amount so specified from the rent or otherwise recover it from
the landlord.

11. (I) Notwithstanding anything contained in the Transfer of Property

Act or the Contract Act or the Rangoon City Civil Court Act no order or
decree for the recovery of possession of any premises to which this Act
applies or for the ejectment of a tenant therefrom shall. be made or given
unless_
(a) any rent lawfully due from the tenant which accrued after thc
resumption of civil government on the conclusion of hostilities
with Japan has not been paid to the landlord or depositcd
with thc Controller [under section 148] I after a written
demand for payment of such rent has been sent to the tcnant
by registered post and has not been complicd with for thue
weeks from the date of such demand. or any other obligation
of the tenancy. whether under the contract of tenancy or
under this Act. so far as the same is consistent with the
provisions of this Act. has been broken or not performed: or
(b) any sum representing rent due from the tenant in respect of any
period before the date of resumption of civil government on
the conclusion of tbe hostilities with Japan in respect of
which an order or decree has been made or given by a Civil
Court in favour of the landlord as against the tenant has not
been paid; or
(c) the tenant or any other person holding or residing with him has
been guilty of COnduct whi~ is a nuisance or annoyance to
adjoining or neighbouring occupiers. or has been convicted of
using the premises or allowing the premises to be used for an
immoral or illegal purpose. or the condition of the premises
bas in the opinion of the Court deteriorated owing to acts of
waste by or the neglect or default of the tenant or any sucb
person: or
I I05C1ted by Act LIII, 11)48.
196 Urban Rent Control.

I (d) the premises. in the case of land. 3fC buno-fide required by the
landlord for erection or re-erection of a building or buildings
and the landlord executes a bond in such amount as the Court
may deem reasonable that the premises will be used for
erection or fe-erection of a building or buildings. and that he
will give effect to such purpose within a period of Onc year
from tbe date of vacation of the premises by the tcnant ; or
(e) the building or a part thereof to which this Act aDPlies is
reasonably and bond-fide required by the landlord for ce
erection Qf essential. major and structural repairs and the
landlord executes a bond in such amount as the Court may
deem reasonable that the said premises will be used for such
repairs or re-erection. that he will give effect to such purpose
within sucb period not exceeding nino months from the date
of vacation at the premises by the tenant, as the Court may
prescribe. and that he will. if so desired by the tenant.
reinstate the tenant displaced from the premises on comple-
tion of such rep3irs or re-erection ; or
(f) the buihling or a pan thefeof to which the Act applies is
reasonably and bona-fide required by the Owner for occupa-
tion by himself exclusively for residential purposes and the
owner executed a bond in such amount as the Court may
deem reasonable that the said premises will be occupied by
himself and that he will give effect to such purpose within three
months from the date of vacation of the premises by the tenant:
Provided tbat for the purpose of this clause the term o~ner shall
It

not include any person e,;cept the person who was tbe owncr
of the said premises on the first day of May 1945 or has after
that date become the owner by the devolution of the said
premises upon him by inheritance:
Provided also that this clause shall not apply to tenancies created
for a definite period by a written tenancy agreement or by
the terms of a consent decree of a Court until the expir)' of
the term of the tenancy or of the period allowed by the
decree. as tbe case may be.
(2) ]n making any order or decree for the recovery of possession of any
premises or for ejectment of a tenant therefrom under clause (0, (e) or (0 of
sub-section (I) of this sectiOn tbe Court shall specify the purpose (or which
such premises are required by the landlord or the owner as the case may t>e
and shall send to the Controller a copy of such order or decree and of any
bond into which tbe landlord or the owner has entered under the provisions
of clause (d), (e) or (f) of sub-section (I). If the landJord or the owner uses
the premises for any other purpose than that specified in the ~rder or decree
or bond or fails to uso them for such purpose within the period therein
1 Substituted by Act XLII, 19SZ.
 Urban Rent Control; 197

specified or fails to comply with any conditions imposed upon lIim in the
bond. the Court Diay upon the application of the tenants against whom such
decree or order was made or of the Controller declare that the amount
entered in the bond shall be forfeited co the Gov(rnment. and direct that the
landlcrJ or the owner shall in addition pay to the tenant such compensation
as the Court thinks fit unless the landlord or the owner proves that he was
prevented from using the premises (or the said purpose or from complying
With the conditions imposed in the bond for reasons which appear to the
Court satisfactory.
(J) In addition to awarding any compensation under sub-section (2) the
Court shall and if the tenant against whom the deCree or order was made so
agree. place such person in possession of the premises On the terms and
conditions upon which he had held the premises prior to the date of the order
or decree.
(4) An order for the forfeiture of a bond or for compensation under
Ihis sectiOn may be enforced in such manner as is provided by the Code of
Civil Procedure for the execution of decrees.

u. (I) In any area or in respect of any class of premises to which tbe

President of the Union may. by notification. declare Ihis ,section to apply. any
person. not <llready being a tenant of any premises. but being in occupation
o( such premises bomj-fide for residential or business purposes. may make
application to the Controller to be permitted to continue in occupation of
such premises. and the Controller shall. on the applicant milking a written
declaration of his willingness to pay the standard rent of such premises. issue
a written order to the said applicant permitting him to continue in occupation
of the said premises and shall send a copy of his order to the landlord. or
his authorized agent. if his whereabouts are known.
(2) Subject to any orders passed by a Court under section 13 every
order passed under sub-section (J) granting permission to any person to
continue in occupation of any premises shall remain in (oree for so long as the
provisions of this section apply to the area in which the said premises are
situated or lhe class of premises within which the said premises come and for
three monChs afterwards:
Provided that if during Ihis period a person in whose favour an order
has been passed shall voluntarily vacale the premises the Controller may. on
tbe written application o( the landlord. cancel such order and shall not there-
after renew it,
13.
(I) Notwithstanding anything eofttained in any olher"law. no order
0"hasdecree for the recovery of possession of any premises which' any~ person
been permitted to occupy under the provisions ef section 12. or for tbe
ejectment of any sucb person therefrom shall be made or given unless-
(a) eny rent lawfully due from such person in respect of any period
subsequent to the grant to such person by the Controller of
permission to occupy the said premises has not been paid to
198 Urban Rent Control.

the landlord. or deposited with the Controller [ under section

14B ] 1 after written demand for payment of such rent bas been
sent to such person by registered post and has not been
complied with for seven days from the date of such demand; or
(b) such person or any person residing with him has been guilty of
conduct which is a nuisance or annoyance to adjoining or
neighbouring occupiers or has been convicted of using the
premises or allowing the premises to be used for an immoral
'or illegal purpose or the condition of the premises has in the
opinion of. the Court deteriorated owing to acts of waste by or
the neglect or default of any such person ~ or
(e) the premises arc reasonably and bon/i-fide required by the land-
lord for occupation by himself or by any member of his
family or for the occupation of any person for whose benefit
the premises are held or for any other purpose deemed satis
factory by the Court and the landlord executes a bond in such
amount as the Court may deem reasonable that the premises
will be occupied by himself or by such member or person or
that he will give effect to such purpose within such period as
the'Court may prescribe; or
(d) the order granting such permission has been cancelled under
the proviso to section 12 (2).
(2) In making any order or decree for the recovery of possession
of any premises under clause (c) of sub-section (1) of this section the
Court shall specify the purpose for Which such premises are required by the
landlord and shall send to the Controller a copy of such order or decree and
of any bond into which the landlord has entered under the provisions of
clause (c) of subsection (I). If the landlord uses the premises for any other
purpose than that specified in the order or decree or bond or fails to use
them for such purpose within the period therein prescribed. the Court may.
upon tbe application of the Person against whom such decree or order was
made or of the Controller. declare that the amount entered in the bond shall
be forfeited to the Government. and direct that the landlord shall. in addition.
pay to the tenant such compensation as the Court thinks fit unless the land
lord proves that he was prevented from using the premises for the said purpose
for reasons which appear to the Court satisfactory.
(3) In lieu of awarding any compensation under sub-section (2) or in
addition thereto tbe Court may. in its discretion and if the person against
whom the decree or order was mSde so agree. place such person in possession of
the premises on the terms and conditions upon which he had held tbe premi;\cs
prior to the date of the order or decree.
(4) An order for the forfeiture of a bond or for compensation under
this section may be enforced in such manner as is pro.. . ided ..>y the Code of
Civil Procedure for the execution of decrees.

I Inserted by Act LIII.1948.

 Urban Rent Control. 199

14. (I) At the time of making or giving of any order or decree for
recovery of pOlselsion of any premises to which this Act applies or for the
ejectment th:refrom of a tenlnt or a pusan permitted to occupy under the
provisions of section 12 (I) or in the case of any such order or decree which
has been made or given whether before or after the commencement of this
Act and which has not yet been executed. either at the time of the application
made by the landlord for execution of such order or decree or on application
made by the tenant or the person permitted to occupy under section 12 (I)
against execution of such order or decree. the Court shall. ext:ept in a caSe
in which either clause (c) of section II (I) or claus~ (b) of sectioQ 13 (2)
applies. stay or suspend execution of such order or decree or postpone the
date or deHvery of possession for such period or periods and subject to such
conditions. as it thinks fit. in regard to payment. by the tenant or by the
person against whom the order or decree has been made or given. of arrears
of rent or mesne profits. and if such conditions are complied with. the Court
shall discharge or rescind the order or decree;
[PrOVided that in the case of suits for ejectment fr('lm or for recovery
of posse3sion of. the premises on any (If the grounds specified in clause (d).
(e) or (f) of sub-section (I) of section 11 or in clause (c) of. sub-section (I)
of section 13. the order or decree which has been made or given shall not be
discharged or rescinded.]'
(2) Where any order or decree of the kind mentioned in sub-section (I)
of section 11 or sub-section (I) of section 13 is made or given. Whether before
or aftcr the commencement of this Act. and the order or decree
has not bun executed. and tbe Court is of opinion that such order
or decree would not have been made or given if the provisions of
section I t or 13. as the case may be. were in force or applicable thereto at
the time when the order or decree was made. the Court shalJ. on an applica-
tion by the tenant or person permitted to occupy under section 12 (I). rescind
or alter the order or decree in such manner as it thinks fit for the purpose of
giving effect to this Act; and the provisions of sub-section (J) of section 11.
or sub-section (I) of section 13. as the case may be. shall. for the purpose of
such application. be deemed to be applicable to the suit or proceeding in
which such order or decree was made.
14A. (J) No suit or proceeding by a landlord for ejectment or recovery
of possession of any premises against a tenant or a person permitted to
occupy under section 12 (I) in which any of Lhe grounds specified in clause
(d). (e) or U) of section liar clause (c) of section 13 is taken as a ground
for s8ch ejectment or such recovery of possession shall be entertained by any
Court unless the landlord has been permitted by the Controller by an order
in writing under sub-section (3) to institute such suit or proceeding
and has produced-before sucb Court proof that such permission has been
granted.
I This pro\ilo was inserted by Act Llil. 1948.
200 Urban Rent Control.

(2) A landlord who desires to obtain from the Controller an order

referred to in subscction (1) shall make an application to the Controller in
that behalf.
(3) On receipt of such application. if the Controller. after making such
enquiries as may be deemed necessary. is satisfied that there is sufficient
cause to hold that any of the grounds specified in clause (d), (e) or (j) of
sub-section (I) of section 11 or clause (e) of sub-section (Il of section 13'
exists. tbe Controller shall make an order in writing granting the application.
and if the C~ntroner is not so satisfied. be shall make an order rejecting the
application.

14B. (I) When a landlord refuses to accept any rcnt referred to in

clause (a) of section 11 (I) or clause (a) of section 13 (I) offered by a tenunt.
though no demand is made by tbe landlord for payment of such rent in
respect of any premises. the tenant-
(a) may deposit such rent. and
(b) may also. unless the landlord signifies by a written notice or
otherwise to the tenant his willingness to accept any subse-
quent rent which becomes due in respect of such premises.
deposit such subsequent rent with the Controller.

(2) On any deposit being made under sub-section (0. the Controller
shall cause a notice of the receipt of the deposit to be served on the landlord
by tendering a copy of the notice to the landlord or his authorized agent or
if the landlord or his authorized agent is not found by sending such copy by
registered post to the last known address of the landlord or his authorized
agent. The amount of the deposit may. subject to such rules as may be
prescribed under section 31 (2) (J) of this Act. be withdrawn by the landlord
or his authorized agent on application made by him to the Controller in that
behalf.

J 14e. (I) Any landlord or tenant or any person acting in his behalf
shall give a receipt for the true amount of rent or any sum paid to him in
respect of any premises by the tenant or sub-tenant. as the case may be. duly
signed by him or shall duly acknowledge the receipt of such rent or such sum
in a book or booklet maintained for the purpose.
(2) Whoever contravenes the provisions of sub-section (1) shall be
punishable with fine which may extend to five hundred rupees.
IS. An appeal on law' and fact shall lie to the High Court from any
decree or order made by any Judge of the Rangoon City Civil Court 0{ any
Judge of the District Courts outside Rangoon in any suit or appHcation or
proceeding arising out of such suit or application for the recovery of possession
of any premises to which this Act applies or for tbe ejectment of a tenant
therefrom.

1 Inserted by Act LIII. 1948.

 Urban Rent Control. 201

16. No Civil Court shaH accept a plaint in any suit or allow to be filed
any application for distress warrant under section 22 of the Rangoon City
Civil Court Act. for the recovery of rent which became due after the enact~
ment of this Act in respect of any premises to which tbis Act may apply.
unless a certificate by the Controller certifying the standard rent of the
premises has been attached to the plaint or the application for distress warrant.
I 16A. (I) When any premises other than residential premises fall
vacant or arc likely to fall vacant [or when any new premises other than
residential premises are constructedtand the landlord propo~cs to let the same
to a tenant, he shall make an application to tlJ.e Controller for a permit
allowing him to let the same to the prospective tenant.
Similarly when a tenant proposes to sub-let any premises other than
residential premises or a part thereof to a subtenant. he shall make an
application to the Control1er for a permit allowing him to sub-let the same or
a part thereof to the prospective sub-tenant
(2) The application under subsection (I) shall contain the foUowiDl
particulars : -
(a) Description of premises. such as Room Number. Floor Number.
House Number. Name of Street. etc. or in tbe case of land.
Lot Number. Block Number. etc. ;
(b) Name and address of owner;
(c) Name. occupation and address of prospective tenant or sub~teDant;
(d) Monthly rent proposed;
(e) Monthly rental of September 1939. if available or rateable value
of 1939-40. as assessed by tbe Rangoon Corporation!
Municipality;
<n Monthly rent charged at present;
(g) Nature of building (pucca. plank or mat) ;
(h) Nature of accommodation (business or residential) ;
(;) The date or approximate date on which such premises would be
available for being Jet or re-Iet. as the case may be ;
(j) A declaration that DO sa/ami or promise of payment of salam; or
such other consideration bas been demanded or received.
(3) On receipt of the application under sub-section (I), the Controller
may make a summary enquiry and if he is satisfied that tbere are no valid
objections he shall grant a permil forlhwith. [n the case of sub-letting. tbo
Controller sball at the same time send a copy of the permit to the owner by
registered post :
Provided Ihat-
0) in case where such premises are likely to fall vacant or just fall
vacant, the prospective tenant or sub-tenant wben approved by
the ControJler shall pay rent from the date of occupation and
t Substituted by Ad LIII, 19~8.
Inserted by Ad LV. 1949.
202 Urban Rent Control.

in case where such premises had already fallen vacant for some
time before the application is made under sub-section (1) the
prospective tenant or sub-tenant shall pay rent from the date
of the application;
(ij) in case the tenant sub-lets a portion of such premises which cannot
be allotted as a separate tenement. the sub-tenant shall pay the
rent of such ponion to the tenant who shall continue to be
responsible to the landlord for the rent of the whole premises;
(lii) ill' case the tenant sub-lets the whole of such premises or a part
tbereof which can be allotted as a separate tenement to a sub-
tenant. then the sub-tenant shall pay rent to the landlord (i.e.,
the original lessor) nnd the tenancy shall be deemed to be
assigned to the subtenant.
16AA. (I) When a landlord-
I

(a) gives or receives notice in writing terminating the tenancy of any

residential premises, or
(b) otherwise receives information that any residential premises of
Which he is the landlord [are likely to be vacated by a tenant,
or t,hat any such premises have been vacated by a tenant and
are eitper unoccupied or occupied after the COmmencement
of the Urban Rent Control (Amendment) Act. 1950. by any
person without the permission of the Comroller.]'J or
(c) constructs any new residential premises Or causes :lny such
premises to be so repaired. altered or improved that addi
tiona I residential accommOdation has become avaibb~c,
he shall send a written intimation to that effect to the Controller; similarly
when a tenant occupying any residential premises-
(d) gives notice in writing !erminating the tenancy in respect of any
such premises, or
(e) has vacated any such premises.
he shall send a written intimation to that effect to the Controller.
(2) ]n the absence of any reasolluble cause, the intimation referred
to in sub-section (I) shall be sent-
(a) in a case falling under clause (a) or clause (d) of sub-section (I).
within three days of the notice;
(b) in a case falling under clause (b) or clause (e) of sub-section (I).
within three days of the date on which the landlord receives
the information 6r within three days of the date on which the
premises are vacated. as the case may be ;
(c) in a case falling under clause (e) of sub-section (I). within three
days of the date of completion of the construction. repairs.
alterations OF improvements. as the case may t>e.

I Inserted by Act LIII, 1948.

I SUbSlitutfd for the words .. are likely III be vllcated or h;lve b~ell n.::aled," [}y Ad I., ICilSO.
 Urban R~nt Control. 203
(3) While sending such intimation the landlord shall supply the parti-
culars specified in clauses (a). (b). (d). (e). (t>, (g). (h) and (i) ot sub-section (2)
of section 16A.
(4) (a) When the Controller receives intimation under sub-section (1)
or otherwise receives information tbat any residential premises are vacant or
about to be vacant. [or that any such premises have been vacated by a tenant.
and are occupied. after the commencement of the Urban Rent Control
(Amendment> Act. 1950. by any person without the permission of the
Controller] 1 he. acting with the advice of an Advisory Board'"which may be
constituted by the President for that purpose. may,direct the landlord to let
the premises. when they become vacant or. if. the premises are vacant.
to let the vacant premises, to a person or persons specified in such direction;
(b) every such direction shall be served upon the landlord by a written
notice and on such service being effected. the landlord shall comply with such
direction;
(e) if the Controller cannot procure a suitable tenant Cor allotment to
such premises as are referred to in clause (a) he shall so inform the landlord
and the landlord may let such premises to any tenant;
Provided tbat [if] i such direction or information given to the landlord
under clause (a). (b) or (e) [relates to vacant premisClS. it]' shall be served
upon the landlord within ten days of the receipt of the intimation sent (by
him] 3 under sub-section (I):
(d) every tenant or occupier who fails to deliver possession (of sucb
premises to the landlord for allotment] to the person or persons specified in
tbe direction issued under clause (a) of sub-section (4) shall be liable to be
summarily evicted.

Explanation.-For the purpose of this section and section 16A

.. residential premises" means premises used purely as residence or premises
used mainly as residence and incidentally for business or profession.

168. If any person contravenes the provisions of [sub-section (I) or (2)

of section 16A or of sub-section (I) or (2) or (3) or of clause (b) of sub-
section (4) of section 16AA]:' he shall be punishable with simple imprisonment
which may extend to three monlhs, or with fine which Olay exleod to two
thousand rupees. or with both:
Provided that the Controller may. on information received of a perSOd
baving committed an offence under this sCfttion. institute an enquiry aDd
cau~ tbe offender 10 be prosecuted in a Court.

1 Inserted by Act L, 1950.

I Inserted it.id .
3 Inserteu by Act LV. 1949.
t Inserted by Act L. 1950.
~ Sub~tilulcd for the w,rd. "Iubse.:tion (II of lection 16A or of subseclion (I) or (Z) of
-edion 16AA .. by Act LV. 1949.
204 Urban Rent Control.

1 U8B. (I) Whenever a person is convicted of 3n offence under section

168 [or of an offence of abetment of such offence]!l the tenants or occupiers
of the premises concerned. who 8re not authorized to occupy by the Con-
troller. shall be liable to be summarily evicted.
(2) For the purpose of evicting the tenants or occupiers who are liable
to be summarily evicted under subsection (1) of this section or under
clause (d) of sub-section (4) of section 16AA. the Controller shall serve a'
notice upon such tenants or occupiers to remove themselves and their property
from the said premises within seven days of the receipt of such notice: and
if any tenant or occupier has failed to comply with the terms of the said
notice within such time the Controller may call upon the District Superinten
dent of Police to enforce such removal and the District Superintendent of
Police. on receipt of any such requisition. shall cause the aforesaid persons
and their property to be removed from such premises and shall take such
measures as will prevent any such person from again enlering into or remain-
ing upon such premises except with the permission of the Controller.

s 16C. The provisions of sections 16A. 16AA and t6BB shall ha"e effect
notwithstanding anything inconsistent therewith contained in any other
enactment for the time being in force.

17. (I) Where any sum has after the COmmencement of this Act been
paid on account of rent. being a sum which is by reason of the provisions of
this Act irrecoverable. such sum shall at any time within a period of six
months afler the date of payment be recoverable by the tenant by whom it
was paid from the landlord who received the payment and may without
prejudice to any olher method of recovery be deducted by such len ant from
any rent payable within six mOnths by him to such landlord.
(2) For the purpose of this section the expression landlord" includes
in the case of joint family properly the joint family of which the landlord.
if deceased. was a member.

18. (I) Where any sum not exceeding three hundred rup:es has after
the commencement of this Act been overpaid by the tenant to a landlord On
accounl of rent of any premises of which 11 standard rent has been fixed.
being a sum in excess of the stand:ud rent. such sum shall at any time within
a period of six months after the date of payment be recoverable without
prejudice to any other mode of recovery on application by the tenant to a
Magistrat~ from the landlord under the provisions of the Criminal Procedure
in like manner as if it were a ne. and the balance of any r.ent recovered shall
arrer deduction of the costs of reco'lery be paid to the tenant.
(2) In a proceeding under sub-section (I). on the production of a
certificate from the ControUer certifying the standard rClnt of the premises.

I Inserted by Act LIII, 1948

Inserted by A;t L. 1950
InSeTted by Act LV,I949.
 Urban Rent Control. 205
the Magistrate shall presume. until the contrary is proved. lhat the standard
rent of the premises was as certified in the certificates.

19. (I) The Controller shall. on application made to him by any land-
lord or tenant grant a certificate certifying the standard rent of any premises
leased or rented by such landlord or tenant. as the case may be.
(Z) In any of the following cases (lhe Controller shall. on application
made to him by a landlord or tenant. or may of his own 100tion. fix the
standard rent] 1 at such amount as having regard to the provisions of this
Act and the cirCumstances of lhe case he deems just~
(oJ where by reason of any premises having been let at one time as
a whole and at another time in parts. or where a tenant has
sublet a part of any pNmises let to him or where for any
reason any difficulty arises in giving effect to this Act;
(b) where in the case of any premises let furnished or of any premises
let at an inclusive charge for board and lodging it is necessary
to distinguish for the purpose of giving effcct to this Act the
amount payable as rent from the amount payable as hire of
furniture or charge for board and attendance;
(e) where any premises have been or are let reDt free 01 at a nominal
rent or for some consideration in addition to rent;
(d) where the rent paid on the first day of September 1939. or. where
the premises were not let on that date. the rent at which they
were last let before that date. was in the opinion of the
Controller unduly low:
(e) where there has been a change in the condition of any premises or
an increased expenditure in maintenance and repairs owing to
increased cOSt of building materials or an increase in the
municipal rates. cesses or taxes in respect of any premises
subsequent to lhe first day oC September 1939;
(f) where any premises are let for lhe first time after tbe first day
of January 1941 ;
(gJ wbere for the reason that the condition of the premises has
deteriorated since the first day of September 1939 or for any
other sufficient reasons the rent. at which the premises were
I<:t on the first day of September 1939 or at which the premises
for the first time let after that date is in the opinion of the
Controller excessive or not just and fair.

Provided that-
m under clause (dJ the standard rent should not exceed the highest
rent at which the premises have been let at any time between
the first day of September 1934 and the first day of September

I Subslibled for Ule words" the Controller IDa)' lix the ,Iandard rent" by Ad LUI, t94lt
206 Urban Rtmt Control.

1939 or the lowest rent at which tbey were let during that
period plus twclltY five per cent thereof. whichever amount is
4

greater;
(ii) under clause (e) the Controller shall not increase the ront by more
than six per cent per annum on the amount expended on the
improvement or structural alteration or increased expenditure
in the maintenance Dnd repair of the premises as provided for'
in section 6 ;
(iii) 'under clause (g) the standard rent. in the case ot private freehold
land let..scparately for any purpose. shall not exceed the exiSiing
ratc of rent charged by the Government or by the Rangoon
Development Trust or the Rangoon Corporation or any otber
similar local body. as the case may be. for its similar class of
land let for similar purposes in the proximity of the land in
question;
(iv) under clause (n
or (g) in the case of land let separately for any
purpose and in respect of which the Government or the
Rangoon Development Trust or the Rangoon Corporation or
any other similar local body is the landlC'Cd. the standard rent
Shall be the rent at which tho land was let by the Government
or tbe Rangoon Development Trust or the Rangoon Corpora
tion or any other local body concerned.
19A. (I) Before exercising any of the powers conferred on him by this
Act [otber than those conferred on him under section 16AA]. J the Controller
sball give notice of his intention to the landlord and tenant [or occupier]. II if
any. and shall duly consider any application received by him from any person
interested within such period as shall be specified in the notice.
(2) All orders of the Controller passed under this Act shall be i D
writing [ . .]. a
(3) Any person affected b) any order at the Controller shall be entitled
to be furnished with a copy thereof duly cerlified by the Controller to be a
correct copy On payment of such sum as the President of the Union may
prescribe. Such copy sball be admissible in evidence in any Court to prove
tbe order of the Controller.

ZOo For the purpose of [inspection or enquiry] ~ under this Act the
Controller or any person duly authorized by the Controller in writing either
generally or specially in this behalf may enter any building or land with or
without any assistants between the hours of [6) a.m. and 6 p.m. :

1 I4lertcd by Act L. 1950.

I Inserted by Act LIII,1948.
The worda .. and a copy thereOf .hall be affixed to lome conspicllou.' p:lrt of the premise.
to Which it rel:ltel Qr to sOme con'l1i~uons obj;;cl nU.r s'lch premiscs, and.l COpy .hall also be
deli"ered to the landlord or his authorl~ed a~cnl in luch mdnner as the Pres,dent of the Union
may, by rule, vrClllcribe" were deleted by Act L, 1950.
SublHluted (or the word. "allY enquiry" .m 1 for the fi",ure "9" respecti"ely by Ac t
LIII,I948.
 Urban Rent Control. 201
Provided that no building used for human occupation shall be so entered
without tht;: consent of the occupier. unless 24 hours' previous notice bas been
gi\'en in writing.

21. (1) For the purposes of any enquiry under this Act the Controller may
by written order require any person-
(a) to furnish him with particulars in such form. within such time and
at such place as may be specified in the order as to the rent at
which and the manner in which any premises were let in the
year 1934 or subsequently and as t9 <lDY other matter relevant
to the enquiry;
(b) to produce for his inspection such accounts. rent receipts. books
or other documents relevant to the enquiry at such time and at
such place [ or to delh'er them to such person ]1 as may be
specified in the order.
(2) The Controller shall. subject to any rules made under this Act and in
so far as such powers are necessary for carrying out the provisions of this Act.
have power to summon and enforce the attendance of witnesses and to compel
the production of documents by the same means and. so far as may be. in the
same manner as is provide:t in the case of a Court by the Code of Civil
Procedure.
II (3) Every person required to furnish such information as is referred to
in sub-section (I) shall be deemed to be legally bound to do so within the
meaning of sections 176 and 177 of the Penal Code.

J ItA. The Controller may review any order made or deemed to be made
by him u!lder this Act and the provisions of Order XLVJI of the Fi~st
Schedule to the Code of Civil Procedure shall. so far as may be. apply .to
such review.

12. (/) If the decision of the Controller fixing the standard rent for any
premises {under section 19] 4 or the order of the Controller made under
subsection (3) of section 14A is questioned. a reference shall lie to the
Chief Judge of the City Civil Court of Rangoon. should the premises be
situated in the City of Rangoon. and to such Judge as may be prescribed by
the President of the Union if the premises arc situated in any urban area in
which the Act is in force:
S Provided that if the Chief Judge of the". City Civil Court. or any Judge
so prescribed. as the cas~ may be. to whom reference lies under this sub-section.
coitsiders that he should not himself deal with a reference made to him. for
reasons to be recorded. he may transfer the application to any other Judge

1 Inserted by det 1.111. 19~1l .

Illseried by "d LIII, 1948.
I II1$crlcd by Act LIII.19~8.
t 11lS... rtcd byAcILIII.1948.
$ Thll proviso was inserted by Act XLII. 1952.
208 Urban Rent Control.

exerCIsing jurisdiction in the district in which the premises arc situated.

The Judge to whom the application is so transferred shall have the powers to
deal with the application as if reference )ies to him.
(2) A copy of the order of the Controller shaH be filed with tbe petition
of reference.
(3) The petition of reference shall bear a Courtfce stamp of eight annas.
(4) Any such reference shall be filed within thirty days from the date of
the order passed. by the Controller: provided that the time taken in obtaining
a copy of the order of the Controller shall be excluded in computing the period
in which the reference D1US'~ be filed ..
The decision of the Chief Judge of the City Civil Court of Rangoon or of
the Judge of such other Court as aforesaid shull be final.

13. When disposing of references from the decision of the Controller. tbe
Judge may in his discretion follow us nearly as possible either the
procedure laid down (or the trial of suits by the City Civil Court of Rangoon
or tbe procedure laid down for the regular trial of suits.

14. (r) Whoever knowingly receives whether directly or indirectly on

account of the rent of any premises of which the standard rent has been
fixed a sum in excess of the standard rent shall on conviction by a Magistrate
be punishable in the case of a first offence with fine which extends to five
hundred rupees or in the case of a second or subsequent offence in regard to
the same or any other premiSC's of which the standard rent has been fixed with
fine which may extend to twO thousand rupees.
(2) A person shall be deemed to receive a sum in excess of the standard
rent. if be recieves any consideration representing a mooey value in excess of
such standard rent.

25. (I) Whoever motests or wilfully annoys any tenant or any person in
whose favour an order has been made by the Controller under the provision
of section 12 with intent to induce him to vacate the premises shall be
punishable on conviction by a Magistrate in the case of a first offence with
fine that may extend to two hundred rupees or in the case of the second or
any subsequent offence with fine which may extend to One thousand rupees.
(2) Without prejudice to the generality ot the foregoing sub-section a
landlord shall be deemed wilfully to annoy if he fails without reasonable cause
to keep the premise"s as sound ..gainst wind and weather as they were at the
commencement of this Act or to effect any necessary repairs or to maintain
any part of tbe structure or fittings for the repair or maintenance of which
tbo landlord is by any specific agreement or by custom responsible.

26. Subject to tbe provisions of tbis Act the tenllnt against whOm a legal
order or decree to vacate and give up the premises to the landlord has been
liven or made shall not be permitted to occupy or remain in POssession of the
 Urban Rent Control. 209

said premises; and if notwithstanding such order or decree such tenant

continues to occupy or remain in possession thereof be shall be deemed to
have committed the offence of criminal trespass as defined in sections 441 and
442 of the Penal Code and he shall be punishable with imprisonment provided
therefor in addition to a fine not exceeding double the amount of rent due by
him to the landlord.

1.7. (I) Whoever contravenes the provisions of [. ) 1 section JO

of this Act shall be punishable with imprisonment which tna)' extend to six
months or with a fine which may extend to rup~es two thousand or with
both.
2: (2) When a person is convicted of an offence punishable under this
section and is sentenced to pay a fine. the Court con\:icting the person may
direct that the whole or any part of the fine shall be: paid as compensation to
any person for any loss caused to him by the offence as provided in section
545 of the Code of Criminal Procedure.

%8. Whoe"'er in any case in which an order or decree for the recovery of
any premises is prohibited under section 11 or 13. [without the previous written
consent] 3 or the Controller or save for the purpose of effecting [urgent repairs
or immediate demolition in compliance] 3 with any municipal requisition
wilfully disturbs any easement annexed to any premises or removes. destroys
or renders unserviceable anything provided for permanent use therewith. or
discontinues any supply or service comprised in the tenancy of such
premises. shall be punishable in the case of a first offence with fine which
may extend to five hundred rupees or in tbe case of a second offence or
subsequent offence in regard to the same or any other premises with fine
which may extend to two thousand rupees.

1.9. No Court shall take cognizance of any offence under this Act except
on complaint made within [nine months]' from the date of the commission of
the alleged offence with the previous sanction of the Conlroller :

Provided that the Controller shalt on reliable information having been

received of a perSOn having committed an offence under [section lOt or
section 24 (I) promptl)' institute an enquiry and if a prima facie case is elicited.
he shall cause the offender to be prosecuted in a Court.

r The word." sub-section (II of" were <)mitled by the Unl",n Of nunna (Adaplation of
Laws) Order, 1948, a. alnended by 'udidal Dept, Notilh;ation NI). 250, dated the 20th May 1~1.'.
I Inserted by Act LIII, 1948,
Sl.lbstitl.lled respectively (or the w(H"ds "with the prevlOUl written co:t!ent" and tor the
words ., ft'p:l.irs or ~omrlyinl'l" by Act LUI,I948.
, Substituted for the words" sil: mo"ths" by Act L, 1950.
I SJbstituted for the w,)rdl "sc~tion 10 III .. by thc Union of B'Jrma Udtpt2.tion of Law.'
Ordcr.19411, aI am~nded by' Idicial Dept. Notification No. 250, d~ted Ibe 20Ul May 1948.

14
210 Urban Rent Control.

30. The President of the Union may prescribe the amount of court-fee
payable in respect of a suit or proceeding for ejectment or possession of any
premises against a tcnant or a person permitted to occupy under section 12 (I)
and where such court-fee is prescribed. the courtfee in respect of such suit or
proceeding shaH. notwithstanding anything contained in the Court Fees Act. be
payable in accordance with the amOunt so prescribed.

JOA. (1) No suit. prosecution or other legal proceeding shall lie

against the CQntroller or the Assistant Controller (or anything done
in good faith in exercise of his powers under this Act or against any
person for anything which is in good faith done or intended to be
done in pursuance of any order made under this Act.
(2) No suit or other Jegal proceeding shall lie against the Government {or
any damage caused or Hkely to be caused by anything which is in good faith
done or intended to be done in pursuance of any order made or deemed to
be made under this Act.

31. (I) The President of the Union may. by notification in the Gautte
make rules I for tbe purpose of carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing provisions such
rules may-
(a) prescribe tho amount by which the standard rent as defined in
sub-clauses (A). (B). (C). (D) (ii) and tE) of seclion 2 (f) (ii) of
the Act shall be increased in the case of any urban arca or class
of premises;
(b) regulate the procedure to be followed in the enquiries by the
Controller under this Act;
(c) prescribe the date which in the case of any urban area shall be
deemed for the purposes of this Act to be the date of resump
tion of civil government on the conclusion of the hostilities with
Japan;
(d) prescribe a Judge to whom in any urban area reference (rom the
decision of the Controller shall lie under section 22 ;
(e) prescribe a scale of costs and fees and provide for the charging or
remitting of costs and fees ;
(I> prescribe the procedure relating to the receipt and withdrawal of
the deposit of rent under section 14B ;
,.
II (g) prescribe the number of members of the Advisory Board to be
appointed under section 16AA and the quorum and pmcetJure
at the meetings of the Board and the fees to be paid to the
members thereof.

1 ,toc Ur~ Rent Control Rules, 1948, U~ !hlnna Guette. 1948. Put I, paJ:c 345-
In.crted.by Act LIII. 19~8.
 Urban Rent Control. 21\

31. Nothing in this Act shall apply to any premises in respect of which
the Government or a Department of the Government or the Rangoon
Development Trust or the Rangoon Corporation or any other local body
constituted under the Municipal Act or the Rural Self-Government Act is the
landlord, or to any premises wbich have or may come into the possession of
the Government or a Department of the Government or the Rangoon
Development Trust or the Rangoon Corporation or any other local body
constituted under the Municipal Act or tbe Rural SeUGovernment A.Ct as a
result of proceedings under the Land Acquisition Act OJ tbe Defence of
Burma Act or otberwise :
Provided that the exemption given in this section shall not extend to any
land or a portion thereof on being sublet by a person holding it 00 lease or
other title from Government or a local body specified in this section

33. The enactments mentioned in the Schedule arc hereby repealed to

the extent specified in tbe third column thereof.

SCHEDULE.

(5.. aeclion 33)

ENACTMENTS REPEALED.

NUlnber and year Short 'lit!e Extent of Repeal

Burma Act No. XXXIV of 'I1le Urban Rent Control Act, The whole.
1946. IlJ46.
Burma Act No. XIV of 1947. The Urban Rent Cllntrol fhe whole.
(Amendmellt) Ad, 1947.
Burma Acl No. XXVI of 1941. The Urban Rent Control The whole.
(Second Amendment) Act,
1941.
 2\2

PART XVill.-STATE GRANTS AND

LAND ACQUISITION.

1!)';l~:'lc;O)')~CO,):c; 'l :51~ c; 00')

::8S:onc; 'l:a

THE STATE GRANTS ACT.

[INOlA. ACT XV. 1895.) (10th October. 1895.)

Whereas doubts have arisen as to the extent and operation of the

Transfer of Property Act. and as to the power of the State to impose
limitatioDs and restrictions upon grants and other transfers of land made by it
or under its authority. aad it is expedient to remove such doubts; It is hereby
enacted as follows : -

Short litle. 11. This Act may be called the State Grants Act.

Tnl.lllfer of 1. Nothing in the Transfer of Property Act contained shall apply or be

Property Act
not to :lM'I,
deemed eVer to have applied to any grant or other transfer of land or of any
to Slate interest therein heretofore made or hereafter to be made by or on behalf of
iranb. the State to. or in favour of. any person whomsoever: but every such grant
and transfer shall be construed and talee effect as if the said Act had not been
passed.

Sh.te grlnt, 3. All provisions. restrictions. conditions and limitations over contained
to take effect
aording to in any sucb grant or transfer as aforesaid shall be valid and take effect
thdr tenor. according to their tenor. any rule of law. statute or enaclment of the Union
Parliament to tbe contrary notwithstanding.

1 ,qter1ed by the Union of Burma (Adaptation of wwsl Orckr. t948.

 213

THE LAND ACQUISITION ACT.

CONTENTS.,

PART J.
PRELIMINARY.
Secliom.
1-2.
3. Definitions..

PART n.
ACQUISITION.

Preliminary Investigation>
4. Publication of prcHminary notification and powers of officers
thereupon.
5. Payment for damage.

Ob;ecr;ons.
SA. Hearing of objections.

Declaration 0/ inunded Acquisition.

6. Declaration that land is required for a public purpose.
7. After declaration Collector to take: order for acquisition.
8. Land to be marked out. measured and planned.
9. Notice to persons interested.
10. Power to require and enforce tbe making at statements as to names
and interests.

Enquiry into Measurements. Yalue and Claims. and Award by tJre CollectOT.
11. Enquiry and award by Collector.
12. Award ot Collector when to be 60al.
13. Adjournment of enquiry.
14. Power to summon and enforce attendance of witnesses and production
of dOcuments.
15. Matters to be considered and neglected.

Talr.ing Pouess;on.
16. Power to take possession.
17. Special powers in cases of urgency.
214 Land Acquisition.

PART III.
REFRRENCE TO COUIlT AND PROCEDURE THEREON.

Sections.
18. Reference to Court.
19. Collector's statement to the Court.
20. Service of notice.
21. Restris:tion on scope of proceedings.
22. Proceedings to be in open Court.
23. Matters to be cOflSidered in determining compensation.
24. Matters to be neglected in determining compensation.
25. Rules as to amount of compensation.
26. Form of awards.
27. Costs.
28. Collector may be directed to pay interest on excess compensation.
PART IV.

ApPOlt.nONMi:NT OF COMPENSATION.

29. Particulars of apportionment to be specified.

30. Dispute as to apportionment.

PART V.

PAYMENT.
31. Payment of compensation or deposit of same in Court.
32. Investment of money deposited in respect or lands belonging 10
persons incompetent to alienate.
33. Investment of money deposited in other cases.
34. Payment of interest.

PART VI.

TEMPORARY OCCUPATION OF LAND.

35. Temporary occupation of waste or arable land.

Procedure when difference as 10 compensation exists.
36. Power to enter and take possession. and compensation on resloration.
37. Difference as to condition of land.

PART VII.

ACQUISITION OF LAND FOR COMPANIES.

38. Company may be authorized 10 enter and survey.

38A. Industrial concern to be deemed company for cetlain purposes.
39. Previous consenl of President and execution of agreement necessary.
 Land Acquisition. 215

SectioM.
40. Previous enquiry.
41. Agreement with Government.
42. Publication of agreement.
43. Sections 39 to 42 not to apply where Government bound by
agreement to provide land for companies.
44. How agreement between railway company and Government may be
proved.

PART VIII.

MISCELLANEOUS.

45. Service of notices.

46. Penalty for obstructing acquisition of land.
41. Magistrate 10 enforce surrender.
48. Completion of acquisition not compulsory. but compensation to be
awarded when not completed.
49. Acquisition of part of house or building.
SO. Acquisition of land at cost of a local authority or company.
51. Exemption from stamp-duty and fees.
52. Notice in case of suits for anything done in pursuance of Act.
53. Code of Civil Procedure to apply to proceedings before Court.
54. Appeals in proceedings before Court.
55. Power to make rules.

THE LAND ACQUISITION ACI".>

[INDIA ACT I. 1894.] (lst March. 1894.)

PART I.

PaELlMINA..V

}1.
3. In this Act. unless there i. something- repugnant in the subject or Definltioal.
con1$xt.-
(a) the expression .. land .. includes benefits to arise out of land. and
things attached to the earth or permanently fastened to anything
aUnched to the earth;

I t'or modificdiolls of this Act 10 make pro\hlon lor Impr.lVemtnl and ulrillion of Ule City
of R.1nfoon, ICC ..dion )4 and Schedule I of the Rangoo. DevelopmeDt Trust Act.
216 LAnd A.cquisition.

(b) the expression" person interested" includes aU perSOns claiming

an interest in compeosation to be made on aCCOunt of the
acquisition of land under this Act; and a person shall be
deemed to be interested in land if be is interested in an
casement affecting the land;
(e) the expression" CaUceler ,. includes any officer specially appointed
by the President of the Union to perform the functions of a
Collector under this Act;
(d) the' expression" Court .. means a principal civil Court at original
jurisdictioDl unless the President of the Union has appointed
(as he is hereby empowered to do) a special judicial officer
within any specified local limits to perform the functions of the
Court under this Act;
(e) the expression" company tt means a company constituted or regis-
tercd by or under the law ot the United Kingdom. the Union of
Burma or India or Pakistan. and includes a society registered
under the law of the Union of Burma or India or Pakistan
relating to the registration of societies or co-.operative societies;
U> the expression" public purpose .. includes the provision of village.
sites'in districts in which the President of the Union shall have
declared by notification in the Gazette that it is customary for
the Government to make such provision; and
(g) the following persons shall be deemed persons" eotille<! to act" as
and to the extent hereinarter provided (that is to say)-
trustees for other persons beneficially interested shall be deemed
the persons entitled to act with reference to any such case, and
that to the same extent as tbe persons beneficially interested
could have acted if free from disability;
a married woman. in cases to which the English law is applicable.
shall be deemed the person so entitled to act. and whether of
full age or not. to the same extent as if she were unmarried
and of full age; and
the guardians of minors and the committees or managers of
lunatics or idiots shall be deemed respectively the persons
so entitled to act. to the same extent as the minors. lunatics
or idiots themselves~ if frce from disability. could have
acted :
Provided that-
(i) no person shall be deemed en(;tled to ael" whose inlerest
in the subject-matter shall be shown to the satisfacti~n of
Ihe Collector or Courl to be adverse to Ihe interest of the
person inlerested for whom he would otbc;rwise be entitled
to act;
(ii) in every such case the person interested may appear by a
next friend or. in default of his appearaoce by a next
 Land Acquisition. 217

friend. tbe CoUeetor or Court. as the case may be. ahall

appoint a guardian for the case to act On his behalf iD
the conduct thereof;
(iii) the provisions of Order XXXI of the Code of Civil
Procedure shall. mutatis mutandis. apply in the case
of persons interested appearing before a Collector or
Court by a next friend. or by a guardian for tbe caSCo iD
proceedings under tbis Act; and
(iv) no person" entitled to act" shall be compl'tent to receive
the compensation-money payable to Ihe person for whom
he is entitled to act unless be would bave been
competent to alienale tbe land and receive and give II
good discharge for the purchasemoney on a voluntary
sale.
PART IL
ACQUISITION.

Preliminary Invtsligation.
14. (t) Whenever it appears to the President of the Union tbat land iD PubllcaUOII
any locality is needed or is likely to be nuded for any public purpose. a 01 prelim!.
lW'y noli
notification to that effcct shall be published in the Gazette. and the Collector ficatloa and
shall cause public notice of the substance of such notification to be given at pol)wers. of
offICe'"
convenient places ill Ihe said localily. lhercU1lOn
(2) Thereupon it shall be lawful for any officer. either &enerally or
specially authorized by the President of the Union in Ibis behalf. and for hi.
servant. and workmen.-
10 enter upon and survey and take levels of any land in luch locality:
to dig or bore into the subsoil;
to do all other acts necessary to ascertain whether the land i.
adapted for such purpose;
10 set oul Ihe boundaries of tbe land proposed to be tateD and the
intended line of the work (if any) proposed to be made Ibereon ;
10 mark such levels. boundaries and line by placing marks and cutling
trenches; and.
where otherwise the survey cannot be completed and tbe levels taken and
the boundaries and line marked. to cut down and clear away any part of any
standing crop. fence or jungle:
Provided that no person shall enter into any building or upon any
e~osed courlor garden attached 10 a dwellingbouse (unless with the COaleDt
of the occupier thereof) without previously gi,.ing sucb occupier at least seven
days' notice in .writing of bis.c;cnl~.~n~li_o~n~I_O:-d~O~SO:-_--,---,---::--:-:---:-c-:--,::-
1 As to the amendments willi whlo.:h Ibil Ad lbould be read wben laDd is required to. tbe
purposes of a wmpany. lee section 311 \2. i"/,,,,
A proted",d monument can be acquired under this Act as ir ill prnervalloa were a "public
purpose" within the IllI:Jnj"g of the Act; ICC 1ICCti0n to 01 the AQcltJIl MODIUllC4I1 l"rncnaiiOll
Act.
 218 Land Acquisition.

P"ytllent for 5. The officer so authorized shall at the time of such entry payor
damage. tender payment for all necessary damage to be done as aforesaid. and. in
case of dispute as to the sufficiency of the amount so paid or tendered. he
shall at once refer the di.pute to the decision of the Collector or other chief
revenue-officer of the district. and such decision shall be final.

Objel'tions.
SA. (I) Any person interested in any land which has been notified under
Hearinll: of
objections. section 4. sub-~clion (I). as being needed or likely to be needed for a public
purpose or for a companx may. within thirty days after the issue of the
notification. object to the acquisition of the land or of any land in the locality.
as the case may be.
(2) Every objection under sub-section (1) shall be made to the Collector
in writing. and the Collector shall give I.he objector an opportunity of being
heard either in person or by pleader and shall. after hearing all such objections
and after making such further inquiry. if any. as he thinks necessaryubmit
the case for the decision of the President of the Union. together with the
record of the proceedings hcld by him and a report containing his recommen-
dations on the objections. The decision of the President of the Union On the
objections shall be tmal.
(3) For the purposes of this SectiOD. a pcrson shall be deemed to
be interested in land who would be entitled to claim an interest in
compensation if the land were acquired under this Act

Declaration 0/ intended Acquisition.

6. (1) Subject to the provisions of Part VII of this Act. when the
Ded:lrnlioo
lhat hntl is President of the Union is satisfied. after considering the report. if any. made
nqulred lor ;nder section SA. sub-section (2). that any particular land is needed for a
a public pur-
po". public purpose. or for a company. a declaration shall be made to that effect:
Provided that no such declaration shall be made unless the compensation
to be awarded for such property is to be paid by a company. or wholly or
partly out of public revenues or some fund controlled or managed by a local
authority.
(2) The declaration shall be published in the Gazette. and shall slate the
district or other territorial division in which the land is situate. the purpose
for which it is needed. its approximate area. and. where a plan shall have
been made of the land. the place where such plan may be inspected.
(3) The said declaration shall be conclusive evidence that the land is
needed for a public purpose or (or a company. as the case may be ; and. arter
making such declaration, the President of the Union may acquire the land in
manner hereinafter appearing.
Alter dee 7. Whenever any land shall have been so declared to Jle needed for a
~:~~~oll~~~ public purpose or for a company_ the President of the Union. or some officer
orderf<H" authorized by the President of the Union in this behaU. shall direct the
aCQ.uisition, Collector to take order for the acquisition of the land.
 lAnd Acquisition. 219

The Collector shall thereupon cause the land (unless it has been Land to be
already marked Out under section 4) to be marked out. He shall also cause it marked out.
mealured
to be measured, and if no plan has been made thereof. a plan to be made of and ('llnned.
the same.

,. (1) The Collector shall then cause public notice to be aiven at NoI:iee to
perlOM In.
convenient places on or ntar the land to be taken. stating that the Icrnted.
Government intends to take possession of the land. and that claim. 10
compensation for all interests in such land may be made to bna.
(2) Such notice shall state the particulars of the land so needed. and
shall require all persons interested in the land t~ appear personally or by
agent before the Collector at a time and place therein mentioned (such time
not being earlier than fifteen days after the date of publication of the notice).
and 10 stale the nature of their respcctin interests in the bond and the amount
and particulars of their claims to compensation for .ueh interests, and their
objections (if any) to the measurements made under section 8. The Collector
may in any case require such statement to be made in writing and .igncd by
the party or his agent.
tJ} The Collector shall also serve notk-e to the same effect On the
occupier (if any) of such land and on all .uch penons knllwn or believed to
be interested therein. or to be entiUed to act for persons so interelted. al
reside or have agents. authorized to receive service on their behalf. within tbe
revenue-district in which the land is situate.
(4) In case any person so intereSted resides eltcwhere. and has no .ucb
agent. the notice shall be sent to him by post in a letter addressed to him at
his last known residence. address or place of business aDd rccish~red uDder tbe
Burma Post Office Act.

1'. (I) The Colle<:tor may also require any such perlOn to make or P_erto,.
deliver to him. at a time and place mentioned (sucb time not being earlier adore.quire and
the
than fifteen days after the date or the requisition). a statement containina. 10 makinJ of
tat as may be practicable. the name of eYery other person possessio. any llatemenb
u 10 namel
interest in the land or any part thereof as co-proprietor. sub-proprietor. and intcrclls.
mortgagee. tenant or otherwise. and of the nature ot such intere.l. and of
the rents and profits (if any) received or receivable on accouot tbereot for
three years next preceding the date of Ihe statement.
(2) Every person required to make or deliver a statement uDder Ibi.
section or section 9 shall be deemed to be legally bound to do so within tbe
meaning of sections 175 and 176 of the Peoal"Code.

E:qu;ry ;nlo Mtasuumtnls. Yailit Qlfd Claims. and Award by ,ht Collecttil'.
11. On the day so fixed. or on any other day to which the eoquiry hal been Enquiry Mid
award by
adjourned. tbe .Collector shall proceed to enquire into the obje<:tions (if any) Colledor.
which any person interested has stated pursuant to a notice given under
s(ction 9 to the measurements made under seclion 8. and into tbe value ot the
land at tbe date of tbe publication of tbe noti6cation under sectiOIll <t.
 220 lAnd Acquisition.

sub-section (I). and into the respective interests of the persons claiming the
compensation. and shall make an award under his hand of--
(i) the true area of the land:
(iD the compensation which in his opinion should be allowed for the
land; and
(iii) the apportionment of the said compensation among all the persons
known or believed to be interested in the land. of whom. or of
whose claims. he has information. whether or not they have
resPectively appeal'Cd before him.

Award 0{ 11. (I) Such award shall be filed in the Collector's office and shall.
Collector except as hereinafler provided. be final and conclusive evidence. as between
when to be
6n.ll. the Collector and the persons interested. whether they have respectively
appeared bc(ore the Collector Or not, of the true area and value of the land.
and the apportionment of the compensation among the persons interested.
{2} The Collector shall give immediate notice of his award to such of tbe
perSOnS interested as are not present personally or by their representatives
when the award is made.

Adjollrnmeat 13. The Collc!ctor may. for any cause he tbinks fit. frOm time to time
of enquiry. adjourn tho enquiry to' a day to be fixed by bim.

Power to 14. For the purpose of enquiries under this Act the Collector shall have
summon power 10 summon and enforce the attendance of witnesses. including the
and cnlone
atlend;I.lKe or parties interested or any of them. and to compel the production of documenls
witnesses and by the same means. and (so far as may be) in the same manner. as is provided
(lfOdllction
of doculllClltS. in the calC of a civil Court under Ihe Code of Civil Procedure.

MaUerl to be 15. In determining the amount of compensation. the Collector shall be

eoruidcred guided by the provisions contained in sections 23 and 24.
nd nea;-
Itettod.
Taking possession.
Power to 16. When the Colleclor has made an award under section II. he may
take pos",... take possession of the land. which shall thereupon vesl absolutely in the State.
lion.
free from all encumbrancC$.
Special 1'7. (I) In cases of urgency. whenever tbe President of the Union so
powers in directs. the Collector. though no such award has been made. may. on the
co'lHs of
IIfl<tllcy. expiration of fifteen days from' the publication of Ihe notke mentioned in
section 9. sub-section (J). take possession of any waste or arable land netded
for public purpoSes Or for a company. SUlOh land shall thereupon vest
absolutely in the Stale. free from all encumbrances.
(Z) Whenever. owing to any sudden change in the channel of any naVigable
river or other unforeseen emQrgency. it becomes necessary for any railway admi_
nistration to acquire Ihe immediate possession of any land for the maintenance
 Land Acqllisition. 221
of their trl1ffi.<: or for the purpo&C of makina thereon a river-side or ghat
station, or ot providing convenient connection with or access to any such
st(ltion. [or whenever it bc<:omes necessary for the War Office to
acquire the immediate possession of any land for the use of the armed forcca
of the Union.)' thc Collector may. immediately after the publication of the
notice meotioned in sub-section (I) and with the previous sanction of tbe
President of the Union, eotcr upon and take possession of such land, whicb
shall thereupon vest absolutely in the State. free (rom all encumbrance. :
Provided tbat the Collector shan not take posscSlion of fty build ina or
part of a buildina under this subsection without giving to the occupicr thereof
at least forty-eight hours' nolice of his intention so to do. or such longer noUce
as may be reasonably sufficient to enable .uch occupier to remove hi.
moveable property from such building without unnecessary inconvenience.
(3) In every casc under either of the preccdine lub-sections the Collector
shan at thc time of taking possession offer to the persons intere.ted com
pensation for the standing crops and trees (if any) on such land and for any
other damage sustained by them caused by such sudden dispoSlCSSion and not
excepted in section 24 ; and. in case such offer is not accepted. the value of
such crops and Irees and the amount of such other damaae .ball be allowed
for in awarding compensation for the land under tbe' provision. herein
contained.
(4) [n the case of any land to which. in the opinion of the President of
the Union. the provisions of sub-section (I) or sub-section (Z) are applicable,
the President of the Union may direct that the provisions of section SA shan not
apply. and. if he docs so direcl. a declaration may be made under section 6 in
respect of the land at any time after the publication of the notification under
section 4. subscction (I).
PART III.

REPBENCE TO Coun AND PIl<X.'EDUJ.B THE'IlEON.

II. (I) Any perSOn interested who has not accepted the award may. by Rdtrenc:e '0
written application to the Collector. require that the matter be referred by the Court.
Collc<:lor for the determination of tb. Courl. whether his objection be to the
measurement of the land. the amount of tbe compensation, the persons to
whom it is payable. or the apportionment of tbe compco....tioD aElloo, tbe
perSODs interc.sted.
(Z) The application .ball state the ,rouD?' on whicb objection to tbe
award is taken:
.. Provided that every .ucb appli<:ation .hall be made.-
(a) if the persoD making it was present or represented before the
Cplleclor at the time when he made his award. witbin .ix weeki
from the date of tbe Collcetor's award;
(alated by Ad LXVII, 1954.
 222 lAnd Acqu;sition.

(b) in other cases, within silt weeks of the rc:ceipt of the

notice from the Collector under section 12, sub-scction (2).
or within silt months from the date of the Collector's award.
whichever period shall first expire.

Colle<:lor' 1'. (I) In making the reference. the Collector shall state for tbe informa
1"lemenl
to the Collri. tion of the Court. in writing under his band.-
(0) the situation and edent of the land, with particulars of any trees.
buildings or standing crops thereon;
(b) the names of the persons whom he has reason to think interested
in such lan'd :
(c) tbe amount awardctl for damages and p:aid or tendered under
sections 5 and 17, or either of them. and the amount of
compensation awarded under section t I ; and
(d) it the objection be to the amount of the compensation, the grounds
on which the amount of compensation was determined.
(2) To the said statement shall be attached a schedule giving the
particulars of the notices served upon. and of the statements in writing made
or delivered by, th!= parties interested respectively.

S<rri<c 01 21. The Court sriall thereupon cause a notice specifying the day on \\'hicb
aotice.
the Court will proceed to determine the obj(Ction. and directing their
appearance before the Court on that day, 10 be served on the following persons.
namely:-
(0) tbe applicant;
(b) all persons interested in tbe objection, except such (if any) of them
as ha,:e consented without protest to rcceive payment of the
compensation awarded; and
(c) if the objcction is in regard to the area of the land or to the
amount of the compensation. the Collector.
Rutrictioa %1. The scope of the inquiry in every such proceeding silaU be restricted
~ . . . . 01
proI;eed.hll:" to a consideration of the interests of the persons affected by the objection.
Procccdinlt'
10 be in open
n, Every such proceeding sball take place in open Court. and all persons
Courl. entitled to practise in any civil Coort in the Union of Burma shall be entitled
to appear. plead and act (as tbe case may be) in such proceeding.
Vatter, to
bceGD'i~cd
%3. (I) In determining the anlOunt of compensation to be awarded for
In detfl'llliDo land acquired under this Act. tI.e Court shall take into consideration-
......
;nJ:,roDlptQ
first. tbe market value of the land at the date of the publication ofothe
notification under section 4. sub-section (I) ;
ucondl}" the damage sustained by the flCrson in~erested by reason of
the taking of any standing crops or trees which may be on
the land at tbe time of the Collector's taking possession
tbereof;
 Land Acquisllion. 223

thirdly. the damage (if any) sustained by the person interested. at the
time of the Collector's taking possession of the land. by rcason
of severing such land from his other land ;
fourt"'y. the damage or any) sustained by the person interested. at the
time of the Collector's taking possession of tbe land. by reason of
tbe acquisition injuriously affecting his other property. moveable
or immoveable. in any otber Dlanner. or his earnings;
fifthly. if in consequence of the acquisition of tbe land by the
Collector the person interested is compelled" to change his
residence or place of business. the re~nable expenses (if any)
incidental. to such change; and
sixthly. the damage (if any) bona (ide resulting from diminution of
the profits of the land between the lime of the publication of
the declaration under section 6 and the time of the Collector'S
taking possession of the land.
(2) In addition to the marketvalue of the land u above provided. the
Court shall in every case award a sum of fifteen per centum on
such marketvalue. in consideration of tbe compulsory nature of
the acquisition.
24. But the Court shan not take into consideration- Mallcnto
first. the degree of urgency which has led to the acquisition; be negk eh:d
in de termin-
secondly. any disinclination of the person interested to part with the inJJ: comPED-
..liun.
land acquired;
thirdly. any damage sustained by him which. if caused by a private
person. would not render 8uch person liable to a suit;
fourthly. any damage which is likely to be caused to the land
acquired. after the date of lhe publication of the declaration
under section 6. by or in consequence of the usc to which it
will be put:
filth/y. any increase to the value of the land acquired likely to accrue
from the use to which it will be put when acquired;
sixthly. any increase to the value of the other land of the person
interested likely to accrue from the use to which the land
acquired will be put; or.
sevenrhly. any outlay or improvements on. or disposal of. tbe land
acquired. commenced. made or ~ffecled without the sanclion of
Ihe Collector after the date of tbe publication of Ibe nOli6calioD
under seclion 4. sub-seclion (I).

%5. (I) When tbe applicant has made a claim to compensation. punuant Rlilaaito
amouDt of
to any notice givl:n under section 9. the amount awarded to him by toe Court compcua-
shall not exceed the amount 50 claimed or be less IbaD the amouDI awarded lioo.
by tbe Collector under section 11.
 224 Land Acquisition.

(2) When the applicant has refused to make such claim or has omitted
without sufficient reason (to be allowed by the Judge) to make such claim.
the amount awarded by the Court sball in no cue exceed tbe amount awarded
by the Collector.
(3) When the applicant has omitted for a suflicient reason (to be aUowed
by the Judge) to make such claim. the amount awarded to him by the Court
Ihall not be leas tban. and may exceed. the amount awarded by the Collector.
Form of 26. (I) Every award under this Part shall be in writing signed by
awardl.
the Judge. and shall specify the amount awarded under clause fiTlJ of
lub-section (I) of sect~n 23. and also the amounts (if any) res~tively
awarded under each of the other dauses of the same sub~section. together
with the grounds of awarding each of the said amounts.
(2) Every such award shall be deemed to be a decree and the statement
of the grounds of every such award a judgment. within the meaning of section
2. clause (2). and section 2. clause (9). respectively. of the Code of Civil
Procedure.
Coo... %7. (1) Every luch award shan also state the amount of costs incurred
In the proceedings under this Part. and by what persons and in what propor-
tions they are to M paid.
(2) When the award of the Collector is not upheld. the costs shall
ordinarily be paid by the Collector. unless the Court shall be of opinion that
the claim of the applicant was so extravagant or that he was so negligent in
putting his case before the Collector that some deduction from his costs should
be made or that he should pay a part of the ColIlor's costs.
C'oTltor 18. If the sum which. in the opinion of the Court. the CoUtor ought

.....-
may be
direcled to to have awarded as compensation is in excess of the sum which the Collector
~y Intuelt did award as compensation. the award of the Court may direct that the
Collector shall pay interest on .uch excess at the rate of six per centum per
~
tion. annum from the d"te on which he took possession of the land to the date of
payment of such exC1:SS inlo Court.

PART IV.
APPORTIONMENT OF CoMP2NSATION.

PartioalUl 29. Where there are several persons interested. if such perSOn. agree in
of apportion.
_nllo be the apportionment of the compensation. tbe particulars of such apportion-
.red'". ment shall be specified in the a.,ard. and as between sucb persons tbe award
thall be conc::lusive evidence of the correctness of the apportionment.
Di.pule at to 38. When the amount of compensation has been settled under section
.pportion~
_t. t t. if any dispute arises as 10 tbe apportionment of tbe same or any
part thereof. or as: to the persons to whom the ame or any pan
thereof is payable. the Collector may refer sucb dispute to the decision
01 the Court.
 lAnd Acquisition. 225

PART v.
PAYWENT.

31. (I) On making an award under section II. the Collector thall tender l'a)'mcnIOf
payment of the compensation awarded by him to the persons interested t:::'::
entitled thereto according to the award. and thall pay it to them unless potit OII:io1M
In Court.
prevented by lOme one or more of tbe contingencies mentionw in the
next subsection.
(2) If they shall not consent to receive it. or if there' be no person
competent to alienate the land. or if there be any dispute at to tbe title
to receive the compensation or as to the apportionment of it. tbe
Collector shaU deposit the amount of the compensation in the Court to
which a reference UDder section 18 would be submitted :
Provided that any person admitted to be interested may receive such
payment under protest as to the sufficiency of the amount:
Provided also that no person Who has received the amount otherwise thaD
under protett shall be entitled to make any application under sectiOn 18:
Provided also that nothing herein cOntained shall affect the liability of
any person. who may receive the whole or any pan of any compensation
awarded under this Act. to pay the same to the person lawfully entitled thereto.
(3) Notwithstanding anything in this section. the Collector may. with the
sanction of the President of the Union. instead of awarding a money
compensation in respect of any land. make any arrangement with a person
baving a limited interest in such land. either by tbe grant of other lands in
exchange. tbe remission of land-revenue on other lands held under the same
title. or in such other way as may be equitable having regard to tbe interesU
of tbe panics cooccrued.
(4) Nothina in the last foregoing sub-section shall be construed to
interfere with or limit the power of the Collector to enter into any arrange
ment with any person interested in tbe land and competent to contract in
respect thereof.
IDYcttlTlll:nt
31. (I) It any money shall be deposited in Court under sub-section (2) of ot money
the last precedin. section and it appears that the land in respect whereof the depo.ittd In
rnpcc:lol
lame was awarded belonged to any peISon wbo bad no power to alienate tbe liJndAlbelotl'"
.ame. tbe Court shall- ing 10 per-
10111 Inc:oaa,.
(G) order the mooey to be invested in the purchase: of other lands to be :tm~o
held under the like tille and conditions of ownersbip as the laud CAa.
in respect of which such money shall have been deposited wu
held. or
(b) if such purchase ClnDot be effected forthwitb. then in such Govern
ment or other approved securities as the Court sball think fit:
and shall direct the payment of tbe intercst or other proceeds arising from such
iDveslDJCDt 10 the person or persoD' who would for the time being have heed

15
 226 Land Acquisition.

entitled to tho possession of the said land. and such moneys shall remain so
deposited and invested until the same be applied-
(i) in the purchase of such other lands as aforesaid; or
(ii) in payment to any person or persons becoming absolutely entitled
thereto.
(2) In all cases of moneys deposited to which this section applies tbe
Court shall order the costs of the following matters. including therein all
reasonable charges and expenses incident thereto. to be paid by the Collector.
namely:-
(a) the costs of such investments as aforesaid;
(b) the costs of the orders for the payment of the interest or other
proceeds of the securities upon which such moneys are for the
time being invested. and for the payment out of Court of the
principal of such moneys; and of all proceedings relating thereto.
except such as may be occasioned by litigation between adverse
claimants.
Invutmcnt 33. When any money shall have been deposited in Court under this Act
of money for any cause other than that mentioned in the last preceding section. the
deposited In
other easel. Court may. on theapplication of any party interested or claiming an interest
in such money. order \he same to be invested in such Government or other
approved securities as it may think proper. and may direct the interest or
other proceeds of any such investment to be accumulated and paid in such
manner as it may consider will give the parties interested therein the same
benefit theretrom as they might have had from the land in respect whereof
such money shall have been deposited or as near thereto as may be.

Payment of 34. When the amount of such compensation is not paid or deposited o'n
iQter~ll.
or before taking possession of the land. the Collector shall pay the amount
awarded with interest thereO:l at the rate of six per centum per annum from
the time of so taking possession until it shall have been so paid or deposited.

PART VI.
Tr.MPORARY OCCUPATION OF LAND.

Temporary 35. (J) Subject to the provisions of Part VII of thiS Act. whenever it
occup1ltion appears to the Pres -.lent of the Union that the temporary occupation and
of walle or
arable land.
company. . .
use of any waste or arable land are needed for any public purpose. or for a
the Presi.l.:'cnt of the Union may direct the Collector to procure the
occupation and usc of the same for such term as the President of the Union
shall think. fit, not exceeding three years from the commencement of buch
occupation.
(2) The Co' lector shall thereupon gt,,c notice in writing to the persons
interested in such land of the purpose for which the same is needed. and shall.
for the occupation and use thereof for such term as aforesaid. and for the
materials (if any) to be taken thcrdrom. pay to them such compensation
 Land Acquisition. 227

either in a gross sum of money. or by monthly or other periodical payments.

a8 shall be agreed upon in writing between him and such persons respectivel)'.
() In case the Collector and the persons interested differ .. to the I'roce6ure
sufficiency of the compensation or apportionment thereof. tbe Collector sball whtlldiHe....
ence al to
refer such difference to the decision of the Court. compensa-
tion nilll.
36. (1) On payment of su<:h compensation. or on executing such agreement Power to
or on making a reference uod.:r section 35. the Collector may enter upon and enter and
take porKI.
take possession of the land. and use or permit the use thereof_ in accordance lion, and
with the terms of the said notice. com penta-
lion on
(2) On the expiration of the term. the Collecfor shall make or tender to rntoratlon.
the persons interested compensation for the damage (if any) done to the land
and not provided for by the agreement. and shall restore the land to the
persons interested therein:
Provided that. if the land has become permanently unfit to be used for
the purpose for which it was used immediatel)' before the commencement of
such term. and if the persons interested shall sa require. the President of
the Union shall proceed under this Act to acquire the land as if it was needed
permanently for a public purpose or for a company.
37. In case the Collector and persons interested di.er as to the condition Dlfferenc. as
ot the land at the expiration of the term. or as to any matter connected with to condillOQ
of land.
the said agreement. the Collector shall refer such difference to the decision of
tbe Court.

PART VII.

ACQUISITION OF LAND FOJIl. COWPANIES.

38. (I) The President of the Union may authorize any officer of any Comra.,
company desiring to acquire land for its purposeS to exercise the powers :uiho~ed 10
conferred by section 4. enttr and
lur\ey.
(2) In every such case section 4 shall be construed as if for tbe words
.. for such purpose" the wt)rds .. for the purposes of the company" were
substituted; and section 5 shall be construed as if after the words" the officer ..
the words" of tbe company" were insc.rted.
38A. An industrial concern. o..dinarily employing not less than one Indultrial
hundred workmen owned by an individual or by an association of individuals be~~
and-not being a company. desiring to acquire land for the erection of dwellina t:cmpa,,)'
. , f "forct'l'Wo
bouses for workmen employed by t h e concern or ror t h e provlsl~n, ~ amcOIlles pqrpotet.
directly connected therewith shall. so far as concerns the acquIsItion of such
land. be deemed to be a company for the purposes of this Part. and the
references to company in sections 5A. 6.7. 17 and 50 shall be interpreted as
references also to sucb concern.
 228 lAnd Acquisition.

PTevioua 39. The provisions of sections 6 to 37 (both inclusive) shan not be put in
con~ent of
President force in order to acquire land (or any company unless with the previous consent
and execu- of the President of the Union. nor unless the company shan have executed
tion of
agreement the agreement hereinafter mentioned.
neeepary.

Previous 40. (1) Such consent shan not be given unless the President of the
enquiry Union be satisfied. either on the report of the Collector under section SA. sub-
section (2) or" by an enquiry held as hereinafter provided.-
(a) that the purI10se of the acquisition is to obtain land for the erection
of dwelling houses for workmen employed by the company or
for the provision of amenities directly connected therewith. or
(b) that such acquisition is needed for the constructi.on of some work.
and that such work is likely to prove useful to the public.
(2) Such enquiry shall be held by such officer and at such time and place
as the President of the Union shall appoint.
(3) Such officer may summon and enforce the attendance of witnesses and
compel the produc,.tion of documents by the same means and. as far as possible.
in the same manner as is provided by the Code of Civil Procedure in the case
of a civil Court.

AJ:(fecment
41. U the President of the Union is satisfied. after considering the report.
with if any. of the Collector under section SA. sub-section (2). or on the report of
GoverDtnCnt. the officer making an enquiry under section 40. that the purpose of the
proposed acquisition is to obtain land for the erection of dwelling houses for
workmen employed by the company or for the provision of amenities directly
connected therewith. or that the proposed acquisition is needed for the
construction of a work and that such work is likely to prove useful to the
public. he shall require the company to enter into an agreement with the
Government. providing to the satisfaction of the President of the Union for
the following matters. namely :-
(I) the payment to Government of the cost of the acquisition:
(2) tbe transfer. on such payment. of the land to the company;
(3) the terms on which the land shall be held by the company;
(4) where the acquisition is for tbe purpose of erecting dwelling houses
or the provision of amenities connected therewith. the time
within Which. the conditions on which and the manner in whicb
the dwelling houses or amenities sball be erected or provi'Jed ;
and
(~) where the acquisition is for the Construction of any other work. the
time within which and the conditions on which the work shall be
executed and maintained. and the terms on which the public
shall be entitled to us:; the work.
 lAnd Acquisition. 229
41. Every such agreement shall. as lOOn as mlY be after it' execution.
be published in the Gazette. and shan thereupon ($0 far as regards the terms
on which tbe public .hall be entitled to usc the work) have the same effect a.
if it had fatmed pan of this Act.
43. The provisions of sectioM 39 to 42. both inclusive. shall not apply to SedlOnl"
to 42 .cit to
the acquisition of land for any railway or other company. for the purposes of apply wbero
whicb uDder any agreement the Government is. or was. bound to provide land. GO\-emmeat
b",und b,
asteemat
10 pl'ovldc
laad tor
CiOnIPNliel
... In the case of the acquisition of Jand for the purposes of a railway Howa,r~
company. the existence of such an aareement as is mentioned in sc<:tion 43 menl
w...
bet-
may be proved by the production of a printed copy thereof purporting to be railwl,
printed by order of Government. compa,ay aa.'
-,be
Govunmea1
t'tovt4.
PART VIII.
MISCl.LANEOUS.

45. (I) Service of any notice under tbis Act shaU be lJ1ade by delivcrinJ kYle. cl
or tendering a copy thereof signed. in the cue of a noti~ under section 4. by DOIiut.
the officer therein mentioned. and. in the case of any other notice. by or by
order of the Collector or the Judge.
(2) Wbenever it may be practicable. tho service of tbe notice shan be
made on the person tberein named.
(3) When such person cannot be found. the service may be made on any
adult male member of his family residing with him; and. if no such adult
male m"ember can be found. the notice may be served by fiJdoS the copy 00
the outer door of the house in which the person therein named ordinarily
dwells or carries on business. or by fixing a copy thereof io lOme conspicuous
place in tbe office of the officer aforesaid or of tbe Collector or in the Court
house. and also in some conspicuous part of the land to be acquired:
Provided that. if the Collector or Judge shall $0 direct. a notice may be
sent by post. in a letter addressed to the person named therein at his lad
known residence. address or place ot business and registered under tbe Burma
Post Office Act. and service of it may be proved by the production of tbe
addressee's receipt.
4f. Whoever wilfully obstructs any person in doina any of the aeu Pmlltylor
authorized by sectiOn 4 or:sec:tion 8. or wilfully fills up. destroys. damage. or obItr....ln'
acqui.iUoa
disp\;lces any trench or mark made under scc:tion 4. shall. on conviction oIlaad.
before a Magistrate. be liable to imprisonment for any term not excecdin, one
month. or to fine not exceedin, tifty rupees. or to both .
7. If the Collector is opposed or impeded io lakinl posscssion under tbi.....,wru.
Act of any land. be shall. if a Magistrate. enforce the surreadcr of the land to to mlOfOl:
himself. and. if not a Magistrate. be shall apply to a MagistraTe aocl suc:b .~.
Maaistrate sball enforce the Jurreoder of the laud to the Collector.
 230 Lond Acquisilion.

Comf'lelioa 41. (I) Except in the case provided for in section 36. tbe Government
0{ acqo.:ilition lhall be at liberty to withdraw frum the acquisition of any land of which
Dot cOlllpvl-
or)'. but poslCSlion has not been taken.
compeuu,- (2) Whenever the Government withdraws from any such acquisition. tho
tiOli.
10 ... Collector shall determine the amount of compensation duo for the damag.
a rded luffered by Ihe owner in consequence of the notice or of any proceedings
wllcll Dol
complelU. thereunder. and shall pay such amount to ihe person interested. together with'
all costs reasonably incurred by him in the prosecution of the proceedings
under this Act"relating to the said land.
(J) The provisions of Part III of this Act shall apply. so far as may be.
to the determination of the compensation payable under this section.

Acquilltlon 4'. (I) The provisions of this Act shall not be put in force for the
of pari of
hOllleor purpose of acquiring a part only of any house. manufactory or other building.
builtlinC if the owner desire that the whole of such house. manufactory or building shall
be so acquired :
Provided that the owner may. at any time before the Collector has made
his award under sectio~ 11. by notice in writing. wilhdraw or modify his
expressed desire tliat the whole of such house. manufacJory or buildin& shall be
10 acquired :
Provided also that, if any question shall arise as to whether any land
proposed to be taken under this Act does or does not form part of a bouse.
manufactory or building within the meaning of this section. tbe Collector shall
refer the dctermination of such question to the Court and shall not take
possession of such land until after the question has been determined.
In deciding on such a reference the Court shall have regard to tIM
question whether the land proposed to be taken is reasonably required tor the
full and unimpaired use of the house. manufactory or buildin&.
(2) If. in the case of any claim under section 23. sub-section (I). thirdly.
by a person interested. on account of the severing of the: land to be acquired
from his other land. the President of the Union is of opinion that the
claim is unreasonable or excessive. he may. at any time before the Collector
has made his award. order the acquisilion of the whole of the land of which
tbe land first sought to be acquired forms a part.
(J) In the case last hereinbefore provided for. no fresh declaration or
other proceedings under sections 6 to 10. both inclusive. shaIl be necessary;
but the Collector shall without. delay furnish a copy of tho order of the
President of tbe Union to the person interested. and shaU thereafter proceed to
make his award under section 11. ,.

Acq.itilion 51. (I) Where the provisions of tbis Act are put in force for the purpose
01 land al: of acquiring land at the cost of any fund controlled or managed by a local
cost of ~ local
authority Of" authority or of any company. the cbarges of and incidental to such acquisition
compaay. shall be defrayed frOm or by such fund or company.
 Land Acquisition. 231

(2) In any proceeding held before a Collector or Court in such cases the
local authority or company concerned may appear and adduce evidence for
the purpose of determining the amount of compensation :
Provided that no such local authority or company shall be entitled to
demand a reference under settion 18.

51. No award or agreement made under this Act shall be chargeable Ezemptloa
lrom Itamp-
with stampduty. and no person claiming under any such award or agreement dlltyand
shall be liable to pay any fcc for a copy of the same. fen.

52. No suit or other proceeding shall be commenced or prosecuted Notice ID cue

01 lultl
against any person for anything done in pursuance of this Act. without giving lor :anythial
to such person a month's previous notice in writing of the intended proceeding. done in pur
IU2Qce of
and of the cause tbereof, nor after tender of sufficient amends. 'ct.
53. Save in so tar as they may be inconsistent with anything contained in Code of CiYil
~rocedure to
this Act. the provisions of the Code of Civil Procedure shall apply to all :apply 10
proceedings before the Court under this Act. proccedinCI
before Court.

54. Subject to tbe provisions of the Code of Civil Proecdure applicable to Appeall in
appeals (rom original decrees. and notwithstanding anything to the contrary in proceediogtl
bdore Court.
any enactment for the time being in force. an appeal shall only lie in any
proceedings under this Act to the High Court from the award. or from any
part of the award. of tbe Court. and from any dccrcc of the High Court
passed OD such appeal as aforesaid an appeal shall lie to the Supreme
Court subject to the provisions contained in section 110 of tbe Code of Civil
Procedure [and in Order XLV tbereof].1

55. (I) The President of the Union shall have power to make rules Power 10
consistent with this Act for tbe guidance of officers in all matters connected mueruJu.
with its enforceroenL
(2) The power to make noles under sub-section (I) shall be subject to the
condition of the rules being made after previous publication.
(3) All sucb rules sball be publisbed in tbe Gazette. and shall thereupon
have the force of law.

THE LAND ACQUISITION (MINES) Aer.

[INDIA Acr XVI]]. 1885.J (16th October. 1885.)
WHEIlEAS it is expedient to provide for cases in which mines or mineral.
aresituate under land which it is desired to acquire under the Land Acquisition
Act; It is hereby enacted a. follows:-
1. This Act shall extend only to such pan of tbe Union of Bu.rma as the Ezldll
President of tbe Union may. by notification. direct.
I Order XLV hal btm omitted from the Code of Chi.l ProoedUfC by the Union of
Bunn:a (Aclapl:atjol1 of Law.) Order, 1941.
 232 lAnd Acquisition (Minu)

saYinl foc- 1. EJlcept as expressly provided by tbis Act. nolbina in this Act .baD
mlneriill aft'ct:t tbe right of the State to any mines or minerals.
rllbll 01 tbe
GcrnnlD~nt.

Dtdal"ltlon J. (J) When the President of the Union makC5 a declaration under the
thalml_ Land Acquisition Act that land is needed for a public purpose or for a
........
are not
company. he may. if he thinks fit. insert in the declaration a statement that
the miDes of coal. iron-Slone. slate or other minerals lyiDg under the land or
any panicular ponion of the land. except only such parts of the mines or
minerals as it may be necessary to dig or carry away or use in the construction
of the wort for the purPose of which the land is heine acquired. are DOt
needed.
(2) When a statement u aforesaid bas DOt been inaerted in the declaration
made in respect of any land under the Land Acquisition Act. and the Collector
is of opinion that the provisions of Ihis Act ought to be applied to the land. be
may abstain front tendering compensation under the Land Acquisition Act in
respect of tbe mints. and may-
(a) wben he makes an award under that Act. insert such a Slatemoat
in his award;
(b) when'he makes a reference to the Court under that Act. insert
such a' statement in his refereoce ; or
(c) when he takes possession of tbe land under that Act. publisb sucb
a statement in such manner as the President of the Union
may. from lime to time. preacribe.
3. If an) such statement is inserted in lbe dedaratioD. award or
reference. or published as aforesaid. the mines of coal. ironstone. slate or
other minerals under the land or portion of the land specified in the statement.
except :1S aforesaid. shall not \lest in the State when the land 80 vests under tbe
laid Act.

Notice to be 4. If the person for the time beina: immediately entitled to work or lot
a1ven bc(<<e any mines or minerals lying under any land so acquired is desirous of workin,
wortlaa
minellylna or getting the same. he shall give Ihe President of the Union notice in writin,
uaderland. of his intention so to do sixty days before the COmmencement of working.

Power to S. (J) At any time or times after the receipt of a notice under the last
prevent oc- foregoing sct:tion and whether before or after the expiration of the said period
rublet
of sixty days. the President of the Union may cause the mines.or minerals to
-~a be inspected by a person appointed by him f(lr the purpose; and
(2) If it appears to the President of the Union that the working or aet1.ing
of the mines or minerals. or any part thereof. i. likely to cause damage to
the surface of the land or any works thereon. the President of the Union may
publiah a declaration of his willingness either-
(a) to pay compensation for the mines or minera1J still unworked or
ungottcn, or Ihat part thereof. to aU persons having an
interest in the same ~ or
 LIlnd Acqlli,;tw" (Minel). 233

(b) to pay compensation to aU suc:b penons in consideration of thOle

mines or minerals. or tbat part thereof. being worked or l0tteo in
such manner and subject to such restrictions u the President of
tbe Uoion may lO the declaration specify.
(1) If the declaration mentioned in cue (a) is made. then those mines or
minerals. or that part thereof. shall not thereafter be worked or lotten by any
person.
(4) If tbe declaration mentioned in case (b) is made. then those mine. or
minerab. or that part thereof. shall Dot thereafter be worked or lotten by any
person save in the manner and subject to the rClitrictions specilied by the
President of the Union.
(5) Every declaration made under thi. section .hall be published in .uch
manner as tbe President of the Union may direct.

,. When the workinl or gettinl of any mine. or minerals bas been Kodeol
prevented or restricted under section 5, tbe perlOns interested in tbose mines or determininc
peROt'''
minerals and the amounts of compensation payable to them respectively shall. haterested
subject to aU necessary modifications. be a5CCrtained in the manner provided
by the Land Acquisition Act for ascertaininl the perlOn. interested in tbe land
to be acquired under that Act. and the amountl of compeDSation payable to
....
and amowat
ofoompcua-

them. respectively.

7. (I) If before the expiration of the said sixty days tbe Presideat of tbe If Praldent
doa nut oBet
Union does oot publish a declaration as provided iJ!l ICCtioD 5. tbe owner. to ~y C()Q)o
lessee or occupier of the mines may. unless and until such a declaration i. ~ntlon.
lIIinti may
subsequently made. work the mines or any part thereof in a manner proper be wocked
and necessary for the beneficial workin, thereof. and accordinl to the u.ual i. 2. proper
manner.
manner of working such mines in the Jocal area where the same are .ituate.
(2) If any damage or obstruction is caused to the surface of the land or
any works thereon by improper workin&: of the mines. the owner. lessee or
occupier of the mines shall at once. at bis own expense. repair the damase or
remove the obstruction. as the case may require.
(3) If tbe repair or removal is not at once ellected. or. if the President
olthe Union so thinh fit. without waitjnl for the same to be elfocted by tbe
owner. lessee or occupier. the Government may execute the "me and recover
from the owner. lessee or occupier the expenlC occuione4 thereby.

.. If the working of any miaes is: prevented or restricted under ItCtiOD Kinin. C0la-
S. the respective ownen. lesseCJ and occ:upien of the min". if tbeir mines -mcaUool.
extend 50 as to lie on both sides of tbe mine. the workins of wbicb is prevented
or restricted. may cut and make sucb and 10 many airway headway ,ateways
or waterJevels through the mines. measures or strata. the werkin, whereof is
prevented or re.tricted. as may be requilite to eaable tltem to ventilate. drain
and work their .aid mine.; but DO such airway. beadwa)'.,ateway or walerlevel
 Land Acquililion (Minu).

sball be of greater dimensions or tcCtiOD tban may be prescribed by the

President of the Union in tbis behalf. and. where no dimensions are so
prescribed. Dot greater than eight feet wide and eight feet bigh. Dor shall the
same be cut or made upon any part of the surface or works. or so as to
injure the same. or to interfere witb tile use tbereof.

Governnlcnt ,. The Government shall. from time to tim pay to the owner,lessce or
to~y com
penuU(ln for occupier of any such mints extending so as to lie on both sides ot the mines.
Injury doae the working of which is prevented or restricted. aU such additional expenses
to DUnes : and losses as may be iocul!Cd by him by reason of the severance of the land.
lying over those mines or of the continuous working of those mines being
interrupted as aforesaid. or by reason of the same being worked in such
manner and under such restrictions as not to prejudice or injure tho surfaco
or works. and for any minerals not acquired by the Government wbicb cannot
be obtained by reason of the action taken under the foregoing sections; and
if any dispute or question arises between the Government and the owner.
lessee or occupier as aforesaid. touching tho amount of those losses or
expenses. tbe same sllall be settled as nearly as may be in the manner provided
for tile settlement of questions touching tile amount of compensation payable
under the Land Acquis,ition Act.

and abo for 18, u: any 10ss Or damage is sustained by the owner or oc<:upier of the
InJuryaris- lands tying over any such mines. the working whereof has been so prevented or
In& from
anyainnyor restricted as aforesaid (and not being the owner. lessee or occupier of those
othawort. mines). by reason of the making of any such airway or otber works as afore
said. which or any like wort it would not ha.e bun necessary to make but
for the working of the mines having been so prevented or restticted as atore
said. the Government shall pay fuU compensation to that owner or occupier of
the surface lands for the loss or damage $0 sustained by bim.

"own to 11. For better ascertaining whether IIny mines lying under land acquired
enter in accordance with the provisions of this Act are being worked. or have heen
and inlpect
lbe worll:lnl worked. or are likely to be WOrked so as to damage the land or the worles
Of mine.. thereon. an officer appointed for this purpose by the President of the Union
may. after giving twentyfour hours' notice in writing. enter into and return
from any such mines or the ,,"orks connected therewith; and for that purpose
the officer so appointed may make use of any apparatus or machinery belong
ing to the owner. lessee Or occuJlier of tbe mines. and use all necessary means
for discovering tbe distaoce from any part of tbe land acquired to the part, of
the mine.s which have been. arc beina: or arc about to be worked.
Peoalt,for
r.'ulil to U. If any Owner. Jessee or occupier of any such mines or works refuse.
allow Ialpe<l> b allow any oflicet appointed by tbe President of the Union for that purpose
U....
10 enter into and inspect auy such mines or works in manner aforesaid. be
sball be punished with 600 which may extend 10 two bundred rupon.
 Land Acquisition (Mine,). 235
13. If it appear. that any .uch miDes bay. been worbc! contrary to the If mlnu
worked COrtoo
provisions of tbis Act. the President of the Union may. if ho tbinks fit. give to pro-
trat)'
notice to the owner. lessee or occupier thereof to construct such works aDd to vlsiolll 01
adopt such means u may be neceuary or proper lor maldna. safe tb. land lhi. Act,
President
acquired and the works thereon, and preventing injury tboreto; and if. after may requir.
mean. 10 be
such notice. any such owner, leuee or occupier docs Dot forthwith proceed to adopted for
construct the worles necessary for making safo tho land acquired and the works .afdy 01
thereon. the Government may itscU construct the worn ud recover tbo expense Iud
acqwred.
thereof frOm the owner. lessee or occupier.

14. When a statement under section 3 hal been made regarding any land. Con.tructloB
and the land has been acquired by tho Government. and bas been transterred ~j~I;~::CS
to, or has vested by operation or law. in a local authority or company. then hal been
scctions4 to 13. both inclusive. sball bo road al it for the word." the President tnnderred
to a local
ot the Union" or .. the Government... wherever they occur in those sectiold. authority 01'
except in section 5, sub-section (5). and section 8. tho wordJ .. the local company.
authority or company. as the caao may be. which ba. acquired the land ..
were .ubstituted.

IS.
16. ]n this Act- Defmltlon 01
comruy.
(a) * * *
(b) .. company" mean. a company registered under any of the enact
menu relating to companies from time to time ia force in
India or Paldltan or the Union of Burma. or formed in
pursuance of an Act of Parliament of the United Kingdom
of Great Britain and Ir.land or by Royal Chattel or Letlen
Patent.

17. This Act shall. tor tb. purposes of aU enactments for the time This Ad to
be read with
beina: in forco, bo read with and taton as pari ot the Land Acqui.ition Act. LaDdAe-
quisltlon
Act.
 236

PART XIX-MOVEA6LE PROPERTY.

93&8& 0eu 1~.~?81~8oo~ OSE&48'{'.
THE SALE OF GOODS ACT.

CONTENTS.

CHAPTER I.
PRELIMINARY.
Sections.
1.
2. Definitions.
3. Application of provisions of COD tract Act.

CHAPTER II.

FORMATION OP THB CoNTRACT.

Contract 01 sale.
4. Sale and agreement to sell.

Formalities 01 tM Contract.
5. Contract of sale bow made.

Subject-matter 01 Contract.
6. Existing or future goods.
7. Goods perishing before making of contract.
8. Goods perishing before sale but aftcr agreement to sell

The Price.
9. Ascertainment of price.
10. Agreement to sell at valuation.

Condit;(nfl and Warrantiel.

11. Stipulations as to time.
12. Condition and warranty.
13. When condition to be treated as wafranty.
14. Implied undertaking as to title. etc.
15. Sale by description.
16. Implied conditions as to quality or "tDeu.
17. Sole by sample.
 Sol. of Good,.
CHAPTER III.

EPFOCTS OF THE CoNnACT.

Transfer of Property tJI between Seller and Buyer.
$1;011.1.
18. Goods must be ascertained.
19. Property passes when intended to pass.
20. Specific goods in a deliverable state.
21. Specific goods to be put into a deliverable state.
22. Specific goods in a deliverable state. wben the .eller bas to du
anything thereto in order to ascertain price.
23. Sale of unascertained goods and appropriation.
Delivery to carrier.
24. Goods sent on approval or .. on sale or return",
25. Reservation of right of disposal.
26. Risk: prima facie passes with property.
Trans/er 01 Title.
27. Sale by person not the Owner.
28. Sale by onc of joint owners.
29. Sale by person in possession under voidable contract.
30. Seller or buyer in possession after sale.

CHAPTER IV.
PERFOllMANCE Of THE CONTaAcr.
31. Duties of seller and buyer.
32. Payment and delivery arc concurrent condition.
33. Delivery.
34. Effect of part delivery.
35. Buyer to apply for delivery.
36. Rules as to delivery.
37. Delivery of wrong quantity.
38. Instalment deliveries.
39. Delivery to carrier or wharfinger.
40. Risk: where goods are delivered at distant place.
41. Buyer's right of examining the goods.
42. Acceptance.
43. Buyer not bound to return rejected- goods.
44. Liability of buyer for aeglectiDB or refusing delivery of .oodI.
CHAPTER V.
RIGHTS OF UNPAID Seuea AGAINST DIE Gooos.
45... Unpaid seller " defined.
46. Unpaid seller's rights.
 238 S.,. of Good,.
Sections.
Unpaid Seller's Lien.
47. Seller's lion.
48. Part delivery.
49. Termination of lien.

Stoppage in Tran.sit.
50. Right of stoppago in transit.
51. Duration of traolit.
52. How stoppage in transit is etrectcd.
Tlansfer by Buyu and SelleT.
53. Etrect of sub-sale or pledge by buyer.
54 Sale Dot generally rescinded by lien or stoppage in transit.
CHAPTER VI.
SUITS J!O. BIlBACII OJ! rnB CONTRACT.
55. Suit tor price.
56. Damages for non-accopta.nc.
57. Damages for non-deli'9cry.
58. Specific performance.
59. Remedy for breach of warranty.
60. Repudiation of contract before due date.
61. Interest by way of damages and special damages.

CHAPTER VD.
MISCELLANEOUS.
62. Exclusion of i.mplied terms and conditions.
63. Reasonable time a question of fact.
64. Auction sale.
65.
66. Savings.

THE SALE OF GOODS ACT.

[[NOlA Ar:r III, 1930.) (1st July. 1930.)

CHAPTER I .

..P ULUtlINAIlV.
1.
Definitions. 2. In this Act. unless there il anything repugnant in the subject or
cootext.-
(I) .. buyer n means a person who buys or agrees to buy goods;
(2) .. delivery" means volulitary transfer of possession from one
person to another;
 Sal. of Goods. 139
(3) goods arc said to.be in a "deliverable statc" when tbey arc in such
state tbat the buyer would under the contract be bound to take
delivery of them;
(4) .. document of title to goods" include. a bi11 of lading. dock
warrant. warehouse keeper's certificate. wharfingers' certificate.
railway receipt. warrant or order for tbe delivery of goods. and
any other document used in the ordinary course of business as
proof of the possession or control of goods or authorizing or
purporting to authorize. eitber by endorsement- or by delivery.
the possessor of tbe document to transfer or receive goods thereby
represented :
(5) .. fault" meanS wrongful let or default;
(6) .. future goods" means goods to be manufactured or produced or
acquired by the seller after the making of the contract of sale;
(7) .. goods means every kind of moveable property other than
actionable claims and money: and includes stocks and sbares.
growing crops. grass. and things attached to or forming part of
the land which are agreed to be severcd. before sale or under the
contract of sale:
(8) a person is said to be .. insolvent" wl'Jo has ceased to pay bit
debts in tbe ordinary course of business. or cannot pay bis debU
as they become due. wbether he hal committed aD act of
iD50lvency or not;
(9) mercantile agent" means a mercantile agent having in the
customary course of business as such agent lluthority either to leU
goods. or to consign goods for the purposes of sale. or to buy
goods. or to raise money on the security ot goods:
(10) .. price .. means the money consideration for a sale of .I00d1 ;
(11) .. property" -means tbe general property io loods. and not morely
a special property:
(2) .. quality of goods ., includes their state or condition:
(13) .. seUer .. means a person who sells or agrees to sell aoods ;
(14) .. specific goods" means goods identified and agreed upon at the
time a contract of sale is made; and
(I~) expressions usod but not defined in this Act and defined in the
Contract Act. have the meanirg. as.igned to them in tbat Act.
a contract for tbe IIle of
meanin. of that Act.
.ood. beina a oontract within tile

3: The unrepealed provisions ot the Contract Act. save in 10 far as tbey AppliCJltio.

....
are inconsistent with lbe express provisions ot Ihi, Act. sball continue to apply Of prln'JIICIDI
01 CoIIidet
to contracts for the sale of goods.
 240 Sale of Goods.

CHAPTER II.
FORMATION OP THB CONTRACT.

Contract of Sale.
Sale and 4. (I) A contract ot sale of goods is a contract whereby the seller transfers
agreement
to sell. or agrees to transfer the property in goods to the buyer for a price. There may
be a contract of sale between one part-owner and another.
(2) A contract of sale may be absolute or conditional.
(3) Where under a contract of sale tbe property in the goods is transferred
from the seller to the buyer. the contract is called a sale. but where the transfer
of the property in the goods is to take place at a future time or subject to
some condition thereafter to be fulfilled. the contract is called an agreement
to seU.
(4) An agreement to sell becomes a sale when the time elapses or the COn-
ditions are fulfilled subject to which the property in the goods is to be
transferred.
Formalities of the Contract.
Contract of 5. (I) A contract of sale is made by an offer to buy or sell goods for a
sale how price and the acceptance of such offer. The contract may provide for the
made.
immediate delivery ol the goods or immediate payment of the price or both.
or for the delivery or payment by instalments. or tbat the delivery or payment
or both shall be postponed.
(2) Subject to the provisions ot any law for the time being in force. a
contract of sale may be made in writing or by word of mouth. or partly in
writing and partly by word of mouth. Or may be implied from the conduct of
the parties.
Subject-matter of Contract.
Ed,ting or 6. (I) Tho goods which form the subject of a contract of sale may be
future goods. either existing goods. owned or possessed by the sener. or future goods.
(2) There may be a contract for the sale of goods the acquisition of
which by the seller depends upon a contingency which mayor may Rot
happen.
(3) Where by a contract of sale the seUer purports to effect a present sale
of future goods. the contract operates as an agreement to sell the goods.

Good. 7. Where there is a contract for the sale of specific goods. the contract
perishing is void i.t the goods without tho knowledge of the seller have. at tbe time when
bd=
Ina king of the contract was made. perished or become so damaged as no longer to aQ~wer
contract. to their description in tbe contract.

Good. . Where there is an agreement to seU specific goods. and SUbsequently

perishing the goods ~fihout any fault on the part of the seUer or buyer perish or becomo
'fbtfore
tale but after so damage~s no longer to answer to their description in tbe agreement
agreement before the risk passes to the buyer. the agreement is thereby avoided.
to sell.
 Sale of Goods. 241
The Price.

may be left to be fixed in manncr thereby agreed or may be determined by the

course of dealing between the parties.
(2) Where the price is not determined in accordance with the foregoio.
=.
,. (I) Tbe price in a contract of sale may be fixed by the contract or Asecrtal...
of

provisions. the bu)'er shall pay the seller a reasonable price. What is a
reasonable price is a question of fact dependent on tbe circumstances of eacb
particul3r case.

18. (I) Where there is an agreement to sell.oods 00 the terms tbat the ACfftment
pr:ce is to be fixed by the valuation of a third party and such tbird party tOldl at
uJu.llion.
cannot Or does not make such valuation. the agreement is thereby avoided:
Provided that. if the goods or any part thereof have been delivered to.
and appropriated by. tbe buyer. he shall pay a reasonable price therefor.
(2) Where such third party is prevented from making the valuation by
the fault of the seller or buyer, the party not io fault may maintain a suit for
damages against the party in fault.

Conditions and Warranties.

Ii. Unless a different intention appears from the terms of the contract Stil'ul~tjon.
at tu lime.
stipulalions as to time of payment are not deemed to be of the essence of a
contract of sale. Whether any other stipulation as to time is of the essence
of the contract or not depends on the terms of the contract.

U. (I) A stipulation in a contract of sale with reference to .oads which COlldllkla

are the subject thereof may be a condition or a warranty. and war.
rant)'.
(2) A condition is a stipulation essential to the main purpose of the
contract. the breacb of wbich gives rise to a ript to treat' the contract a.
repudiated.
(3) A warranty is a stipulation collateral to the main purpose of the
contract. the breach of whicb gives rise to a claim for damages but Dot to a
right to reject the goods and treat the contract as repudiated.
(4) Whether a stipulation in a contract of sale is a condition or a
warranty depends in each case OD the construction of the contract A stipula-
tion may be a condition. tbough called a warranty in tbe contract.

13. (I) Where a contract of s~le is subject to any condition to be WIlen coRdle
fulfilled by the seller. the buyer may waive the condition or elect to treat the tiOlI 10_
IH:.. t~d u
breach of the condition as a breach of warranty and not as a Bround for ,,"'''rranl,.
treating the contract as repudiated.
(2) Where a contract of sale is not severable and the buyer has accepted
the goods or part thereof. or whcR the contract is tOr specific Coads the
property in which bas passed to the buyer. the breacb of any condition to be
f.ulfilled by the seller can only be treated as a breach of warranty and not 8J
a ground for rejecting tbe goods and treating the contract as repudiated. UD1eIa
tbere is a term of the contract. express or implied. to that effect.

16
 242 Sale 01 Good,.

(J) Nothing in this section shall affect the case of any condition or
warranty fulfilment of which is excused by law by reason of impossibility or
otherwise.

Implied 14. 1n a contract of sale. unless the circumstances of the contract are
undntu.loJ as to show a different intention. there is-
..
aa toUtle,
~
luch
(a) an implied condition on the part of the seUer that. i.D the case of a
sale, he has a right to sell the goods and that. in the case of an
'greement to sell. he will have a right to sell tbe loads at the
time when the property is to pass;
(b) an implied warranty that the buyer shall have and enjoy quiet
possession of the good, ;
(d an implied warranty that the goods shall be free from any charge
or encumbrance in favour of any third party not declared or
known to the bu)'er before or at the time when the contract is
made.
Sale by dt- 15. Where there is a contract for the sale of aoods by description. there
acriptJOIl. is an implied condition tbat the goods shall correspond with the description;
o.nd if the sale is by sample as well as by description. it is not sufficient that
the bulk of the good$ corresponds witb tbe sample if the loads do not also
correspond with the description.
1'. Subject to the provisions of this Act and of any other law for the
ImrUed COD
clition' at to time being in force. there is no implied warranty or condition as to the
qulityor quality or fitness for any particul~r purpose of goods supplied under a contract
6meA.
of sale. except as follows :-
(I) Where the buyer. expressly or by implication. makes known to the
seller the particular purpose for which the goods are required, so
as to show that the buyer relies on the seller's skill or judgment.
and the goods are of a description which it is in the course of the
seUer's business to supply (whether he is the manufacturer or pro-
ducer or not). there is an implied condition tbat the goods shall
be reasonably fit for such purpose:
Provided that, in the case of a contract for the sale of a specified
article under its palent or other trade name. there is no implied
condition as to its fitness for any particular purpose.
(2) Where goods are bought by description from the seUer who deals in
goods of that description (whether be is tbe manufacturer or
producer or not). there is an implied condition that tbe foods
shall be of mercbJntable quality:
Provided that. if the buyer bas examined tbe loods. tbere sball be
no implied condition as reguds defects whicb such examination
ought to have revealed.
(3) An iDlplicd warranty or condition u to quality or fitness for a par.
ticular purpose may be annexed by the usale of trade.
 s.r. of Good,. 243

(4) An express warranty or condition does not ncaative a warranty or

condition implied by this Act unless inconsistent therewith.

17. (I) A contract of sale i. a contract for sale by sample where there Sale by
is a term in the contract, express or implied. to that effect. umplr.
(2) In the case of a contract for salc by sample then~ is an implied
condition-
(a) tbat tbe bulk shall correspond with the sample in.quality :
tb) tbat the buyer shall have a reasonable opportunity of c:omparioa
the bulk with the sample;
(e) that tbe goods shall be free from any defect. renderiD8 them un-
merchantable. which would not be apparent on reasonable
examination of the sample.

CHAPTER III.

EFFECTS OF THE COHTKACT.

Transfer oj Properly as between Sellu aM Bu)'er.

11. Where there is a contract for the sale of unascertained goods. Goocb mutt
no property in the goods is transferred to the buyer unless and until the Soods be alcer-
are ascertained. talned.

1'. (I) Where there is a contract for the sale of specific or ascertained Prtlpefly
goods the property in them is transferred to the buyer at such time as the !:1~S::e~bm
parties to the contract intend it to be transferred. 10 pan.
(2) For the purpose of ascertaining the intention of the parties regard
shall be had to the terms of the contract. the conduct of tbe parties and the
circumstances of the case.
(3) Unless a different intention appears, the rules contained in sections
20 to 24 are rules for ascertainina: the intention of the parties as to the
time at which the property in the goods is to pan 10 the buyer.

20. Where there is an unconditional contract for the sale of specific 1QOd. SpeCific
~oolbd
in a deli ...erable state. the property in the gopds paases to the buyer when the III ,.
a ~ .Vet-
contract is made. and it is immaterial whether the time of payment of the able 'lale.
prfce or the time of delivery of the .oOOs. or bach. is postponed.

21. Where there is a contract for the sale of speci6c .oOOs and the seUer 6(1ec:ll\c
is bound to do sometbing to tbe ,oads for tbe purpose of putting them into a gocdt,. 110 be
.
dehvera bIe state. the properly does Dot pass UDtl1
. such t hD,i 'I' dODe aDd 1M pu lnoa
dclh'crabk
buyer has notice thereof. .tate.
 244 Sale 0/ Goods.

Srceil:c n. Where there is a contract for the sale of specific goods in a deliverable
a.:ood III a state. but the seller is bound to weigh. measure. test or do some other act or
delin:rable
Itale, whrn thing witb reference to the goods for the purpose of ascertaining tbe price. tbe
the.~llubas
10 do ally.
property does not pass until such act or tbing is done and the buyer has notice
lbin( \beIda thereof.
in ocder to
ascertain
price.

8;11le of IIU- 23. (I) Where tbere is a contract for the sale of unascertained or future
ItccrlaJocd goods by description and ,oodS of that description and in a deliverable slate
goodland
IJIIlropria ace unconditionally appropriated to the cOntract, either by the seller with the
lion. assent of the buyer or by the buyer with the assent of the seller. tbe property
in the goods thereupon passes to the buyer. Such assent may be express or
implicd. and may be given either berore or after the appropriation is made.
Dellvt'ry to (Z) Where. in pursuance ot the contract. the seller delivers the goods to
C"olnier.
the buyer or to a carrier or other bailee (whether named by the buyer or not)
for the purpose of transmission to the buyer. and does not reserve the right of
disposal. he is deemed to have unconditionally appropriated tbe goods to the
contract.

Good, Icnt 24. When goods ire delivered to the buyer On approval or" On sale or
on aJ'(lloval return" or other similar termS. the property therein passes to the buyer-
or "00 ~le
or return." (a) when he signifies his approval or acceptance to the seller or doe.
any otber act adopting the transaction ;
(b) if he does not signify his approval or acceptance to the seUer but
retains the goods without giving notice of rejection. then. if a
time has been fixed for the return of the goods. on the expiration
of such time. and. if no time has been &xed. on the expiration of
a reasonable time.

Retvalioll
250 (I) Where there is a contract for the sale of specific goods or where
of ri~h! 01 goods are subsequently appropriated to the contract. the aeller may. by the
dJ.lpoul. terma of the contract Qr appropriation. reserve the right of disposal of the
goods until certain conditions are fulfilled. ]n such case. notwithstandina:
the delivery of the goods to tbe buyer, or to a carrier or other bailee for tbe
purpose of transmission to the bu)Oer. the property in the goods does not pus
to the buyer until the conditions imposed by the seller are fulfilled.
(Z) Where goods are ship~ed and by tbe bill of lading the goods are
deliverable to the order of the seUer or his agent, tbe seller is prima facie
deemed to reserve the right of disposal. .:
(J) Where the seller of ,oods draws on the buyer for the price and
transmits the bill of exchange and bill of lading to the buyer together. to
secure acceptance or payment of tbe bill of exchanle. the buyer is
bound to return ahe bill of lading if he docs Dot bonour the bill of exchanee.
and if be wrongfully tetains the bill of !adm, the property in tbe JOOds does
noC pass to him.
 245
U. Unlcd otherwise agreed. the goods remain at the KlIer's risk until Rbk ,rl",11
~he property therein is transferred to the buyer. but when the property therein ~'l~~:::es
IS transfened to the buyer the loads arc at the buyer's risk whether delivery perl)".
hal been made or not:
Provided that. where delivery bas been delayed through the fault of either
buyer Or seller. the goods arc at the risk of the party in fault as rCluds any
losl which might not have occ:urred but for such fault :
Provided also that nothing in this section shall affect the duties or
liabilities of either seller or buyer as a bailee or the good. of the other party.

TrQnsf~r 01 Title.
21. Subject to the provisions of this Act and of any other law for the Sale toy
rer,on not
time being in focc:e. where goods arc sold by a person who is nOI the owner the owner.
thereof and who docs not sell them UDder tbe authority or with the consent of
the owner. the buyer acquires no beuer title to the goods than the seller bad.
unless the owner of the goods is by bis conduct preclud;d from denying tbe
selleros authority to sell :
Provided that. where a mercaotile agent is. with tbe consent of the owner.
in possession of the goods or of a document of title to the good any .ale
made by him. when acting in the ordinary course of business of a mercantile
agcnt. shall be 8S valid 85 if he were expressly authorized by the owner of the
goods to make the same; provided that the buycr acts in good faith and has
not at the time of the contract of sale notice that the &CUer has not authority
to sell.

21. If one of several joint ownen or goods hu tbe sole POUChiOR of s* b, one
them by permission of the coownen. tbe properly in the goods is transferred of joint
to any person who buys them of such joint owner in good faitb and has not OWDers.
at the time of the contrac:t or sale DOlice tbat tbe seUer has not authority to
sell.

19. Wben tbe seller of good. has obtained possession tbereof under a Sale by
contract voidable under section 19 or scet.ion 19A of the Contrac:t Act. but tbe perlQn i.
roHC1:1ilon
eontuc:t has not been rescinded at tbe time of the sale. tbe buyer acquires a under vold-
good title to the goods. provided be buys tbem in Iood faitb and witbout ableoonlraet.
notice of tbe selleros defect of title.

30. (I) Where a person. baving sold goods. c:ontiouCl or is in POUCSSiOD SclltT or
of the goods or of the documents of title to fife goods. the delivery or transfer buyuin
ro-w.kon
by. that person. or by a mercantile agent acting for bim. of tbe ,GOds or alter, .k.
doc:umenls of title UDder any sale. pledle or otber disposition thereof to any
person rec:eivilll tbe same in load faith and witbout notice of the previoUi
sale shall bave the same effect as if the penon making tbe delivery or trantfer
were expressly authorized by the owner of tbe loads to make the same.
(2) Where a person. bavin& houCht or acreed to buy aoods. obtains. with
the consent of the teller. po55Cllioa of the &oods or the documenta of tide 10
 246 SQ1~ of Good,.
the goods. the delivery or transfer by that person. or by a mercantile ,agent
acting for him. of the goods or documents of title under any sale. pledge or other
disposition thereof to any person receiving the same in good faith and without
notice of any lien or other right of the original seller in respect of the goods
shaU have effect as if such lien or rigbt did not exist.

CHAPTER IV~

PERFORMANCE OF THE CONTRACT.

Duties of 31. It is tne duty of the seller to deliver the goods and of Ihe buyer to
Bl:ller and accept and pay for them. ip accordance with the terms of the contract of sale.
buyer.

Payment and 31. Unless otherwise agreed. delivery of tbe goods and payment of the
deli~tfy arc: price are concurrent conditions. that is to say. the seller shall be ready and
concurrent
condiUolll. willing to give possession of the goods to Ihe buyer in exchange for the price.
and the buyer shall be ready and willing (0 pay the price in exchange for
possession of the goods.

33. Delivery of goods sold may be made by doing anything which the
parties agree shall be Irealod as delivery or which has the effect of putting the
&oods in the posseQion of the buyer or of "ny person authorized to hold them
on his behalf.

I!:ffe.:t of part 34. A delivery of part of goods. in progress of the delivery of the whole.
delivery. has the same effect. for thc purpose of passin. the property' in such goods. as
a delivery of the whole; but a delivery of part of the goods. with an intention
of se\'ering it from the whole. does Dot operate as a delivery of the
remainder.

Buyer 10 3$. Apart from any express contraci. Ihe seller of goods is not bound to
apply hlr
Itell\'ery. deli\'er them until the buyer applies for delivery.

Ruin as to 36. (I) Whether it is for lhe buyer to take possession of the gOOds or
delh'ery. for the seller to send them to Ihe buyer is a question depending in each case
on Ihe contract. express or implied. belween the parties. Apart from any such
contract. goods sold are to be delivered at the place. at which Ihey are at the
lime of the sale. and goods agreed to be sold are to be delivered al the place
al which they are at the lime of the agreement to sell. or. if not then in
existence. at Ibe place at which they arc manufolctured or produced.
(2) Where under the contract of sale the seller is bound to send the goods
10 the buyer. but no time for sending them is fixed. the seller is bound to send
them within a reasonable time.
(3) Where the goods at the time of sale are in ttie possession of a Ihird
person. there is no delivery by 'seller 10 buyer unless and until'such third
person acknowledges to Ihc ,buyer Ihat he holds the goods oil 'his behalf:
Provided that nothing in this section shall affect lhc operation of the'
i,S5uc or Iransfer of any document of title 10 goods.
 Sale 01 Goodl. 247
(4) Demand or tender of delivery may be treated as inelfectual unle..
made at a reasonable hour. What is a reasonable hour is a question of
fact.
(5) Unless otherwise agreed. the expenses of and incidental to putting
the goods into a deliverable state shall be borne by the seller.

37. (I) Where the seller delivers to the buyer a quantity of goods less Delivery 01
wrollg
than he contracted to sell. the buyer may reject them, but if the buyer accepts quantity.
the goods so delivered he shall pay for them at the contract ratli'
(2) Where the seller delivers to the buyer a quantity of goods larger
than he contracted to sell, the buyer may accept tbe goods included in the
contract and reject the rest. or he may reject the whole. If the buyer aepts
the whole of the goods so delivered. he shall pay fOr them at the cOntract
rate.
(3) Where the seller delivers to the buyer the goods he contracted to sell
mixed with goods of a different description not included in the contract. the
buyer may aept the goods which are in aordance witb the contract and
reject the rest. or may reject the whole.
(4) The provisions of this section are subject to aay us:tge of trade.
special agreement or course of dealing between the parties.
38. (I) Unless otherwise agreed. the buyer of goods is not bound to Illstalment
accept delivery thereof by instalments. dcllnrlel.
(2) Where there is a contract for the sale of gOOds to be delivcred by
stated instalments which are to be separately paid for. and the seller makes no
delivery or defective delivery in respect of one or more instalments. or tbe
buyer neglects or refuses to take delivery of or pay for one or more instal
ments. it is a question in each case. depending on the terms of the contract
and the circumstances of the case. whether the breach of contract is a
repudiation of the whole contract. or whether it is a severable brc-ach giving
rise to a claim for compensation. but Dot to a right to treat the whole contract
as repudiated.

39. (I) Where, in pursuance of a contract of sale. the seller is authorized DtlivCf)' to
or required to send tbe goods to the buyer, delivery of the goods to a carrier. carrier or
wharJinl~r,
whether named by the buyer or Dot. for the purpose of transmission to the
buyer. or delivery of the goods to a \\oharfinger for safe custody, is prim6 facie
deemed to be a delivery of the goods to the buyer.
(2) Unless otherwise authorized by the buyer, the seller ,hall make such
contract with the carrier or Wharfinger on behaJrof the buyer as may be reason
able .having regard to the nature of the goods and the other circumstances 01
tbe case. If the seller omits so to do. and the goodS are lost or damaged in
course of transit or whilst in the custody of the wharfinger. tho buyer may
decline to treat tbe delivery to the carrier or wharfinger al a delivery to
himself. or may hold the seller responsible in damages.
(3) Unless otherwise agreed. where goods are sent by Ihe seller to the
buyer by a route involVing sea transiC. in circuOISlancea in which it is usual to
 248 Sale 01 Goods.

insure. tbe seller shall give such notice to the buyer as may enable him to
insure them during their sea transit. and if the seller fails so to do. the goods
shall be deemed to be at his risk during such sea transit.
1~IFk where 40. Where the seller of goods agrees to deliver them at his own risk at a
1:00<15;Ire
ddhcrtd at place other than that where they arc when sold. the buyer shall. nevertheless.
dlslllni place. unless otherwise agreed. take any risk of deterioration in the goods necessarily
incident to the course of transit.

Bu} er's right 1. (I) Where goods arc delivered to the buyer which he has not
of "xamining
Ihe goods. previously examined. he js not deemed to have accepted them unless and until
he has had a reasonable opportunity of examining them for the purpose of
ascertaining whether they are in conformity with the contract
(2) Unless otherwise agreed. when the seller tenders delivery of goods
to the buyer. he is bound. on request. to afford the buyer a reasonable
opportunity of examining the goods for the purpose of ascertaining whether
they are in conformity with the contract.

Ac:c:eptance. 41. The bU)'er is deemed to have accepted the goods when he intimates
(0 the seller that he has accepted them. or when the goods have been delivered
to him and he does any act in relation to them which is inconsistent with the
ownership of the soller. or when. after the lapse of a reasonable time. he
retains the goods without intimating to the seller that he has rejected them

Bllyer nol 43. Unless otherwise agreed. where goods are delivered to the
bound to re-buyer and he refuses to accept them. having the right so to do. he is not
tum rejltd
I:oods. bound to return them to the seller. but it is sufficient if he intimates to
the seller that he refuses to accept them.
Liabililyof 44. When the seller is ready and willing to deliver the goods and
buyer (or
neglectln" or requests the buyer to take delivery. and the buyer does not within a
rdll:ltlg dtli reasonable time after such request cake delivery of the goods. he is liable to
,"ery of 10005.
the seller for any loss occasioned by his neglect or refusal to take delivery.
and also for a reasonable charge for the care and custody of the goods:
Provided that nothing in this section shall affect the rights of the seller
where the neglect or refusal of the buyer to take delivery amounts tQ a
repudiation of the contract.
CHAPTER V.
RIGHTS Of UN~AJD SELLER AGAINST THE GOODS
.. Uupaid 45. (I) The seller of Soods is deemed to be an .. unpaid seller" within
leller"
defined. the meaning of this Act-
(a) when the whole of the price has not been paid or tendered;
(b) when a bill of exchange or other negotiable instrument has been
received as conditional payment. and the condition on which it
was received has not been fulfilled by reason of the dishonour of
the insuumeot or otherwise.
 249
(2) In this Chapter. the term "scllet" includes any person who is in the
position of a seller. as. for instance. an agent of the sellcr to whom the bill of
Jading has been endorsed. or a COOSiaROr or alcnt who bas himself paid. or ia
directly responsible for. the priee.

" . (I) Subject to the provisions of this Act and of an)' law for the time Unpaid
being in force. notwithstanding that the property in che goods may have pasHd s~lkr"
to the buyer. the unpaid seller of goods. as such. bas by implication of Jaw- rl,htt.
(a) a lien on the loads for tbe price wbile be is Ja posscssion of
them:
(b) in case of the insolvency of the bu~r a right of stopping the
goods in transit after he has parted with the posscuion of tbera ;
(c) a right of te-salc as limited by this Act
(Z) Where the property in goods has not passed to the buyer. the unpaid
seller has. in addition to his other remedies. a right of withholding delivery
similar to and coe,;tensive with his rights of lien and stoppage in traasit
where the property bas paS!cd to the buyer.

Unpaid Sellu'$ Litn.

47. (I) Subject to the provisions of this Act. the unpaid seller of good. sell~r. lien.
who is in possession of them is entitled to retain possession of them until
payment or tender of the price in the following cases, namely:-
(0) where the goods have been sold without any stipulation as to
credit;
(b) where the goods have been sold on credit. but the term of credit
has expired;
(c) where the buyer becomu insolvent.

(2) The seller may exercise bis rigbt of lien notwitbilandins that be i. ia
possession of the goods as aaent or bailee for the buyer.

48. Where an unpaid seller has made part delivery of the goods. he may P:utckllver.
exercise his riahl of lien on the remainder unless such part delivery hu been
made under such circumslaDUI I I to sbow an agreement to waive tbe liea.

4'. (I) The unpaid seller of goods loses bis lien thereon- TermlllaOon
o{ lie...
(0) when be delivers tbe goods tq carrier or othee bailee for the
purpose of transmilSion to tbe buyer witbout reICrviDI tho rip:t
of disposal of tbe goods ;
(bl when the buyer or his agent lawfuJly obtai poNeUioa of .....
goods;
(c) by waiver thereof.
(2) The unpaid seller of goods. having a lien thereon. does not lose hi.
ien by reason only that be bas obtained a decree for the pric:e of tbe .oodJ.
 Sale 01 Goods.

Srcppage ilt Traltsit.

RiJht of 51. Subject to the provisions of tbis Act, when the buyer of goods
Ilol"~ge 111
tnntlt. be<:omcs insolvent, the unpaid seller who has parted with the possession of
tbe goods has the right of stopping them in transit, that is to say. he may
resume possession of the goods as long as they are in the course of transit.
and may retain them until payment or tender of the prK:c.

Duration gf 51. (I) Goeds are deemed to be in course of transit from the time when
transit. tbey are delivered to a carrier or other bailee for the purpose of transmission
to the buyer. until the buyer or his agent in Ihat behalf takes delivery of
them from such carrier or other bailee.
(2) If the buyer or his agent in that behalf obtains delivery of the goods
before their arrival at the appointed destination. the transit is at an end.
(3) U. after the arrival of the goods at the appointed destination. the
carrier or other bailee ackno.....ledges to the buyer or his agent that he holds
the goods on his benalf and continues in possession of them as bailee for the
buyer or his agent, the transit is at an end and it is immaterial that a further
destination for the goods may have been indicated by the buyer.
(4) If the goods are rejected by the buyer and the carrier Or other bailee
continues in possession' of them, the transit is not deemed to be at an end.
even if the seller has refused to receive them back.
(.5) When goods arc delivered to a ship chartered by the buyer. it is a
question depending on the circumstances of the particular case wbether they
are in the possession of the master as a carrier or as agent of the buyer.
(6) Where the carrier or otber bailee wrongfully refuses to deliver the
loods to the buyer or his asent in that behalf. tbe transit is deemed to be at
ao end.
(7) Where part delivery of the goods has been made 10 the buyer or his
aleot in tbat behalf. the remainder of the goods may be stopped in transit
unless such part delivery has been given in sucb circumstances as to sbow an
aareement to give up possession of the whole of the goods.

How.top. 5%. (I) Tbe unpaid seller may exercise his rigbt of stoppage in transit
Pile I. either by taking actual possession of the goods. or by giving notice of his
tn.."" i.
eled. claim to the carrier or other bailee in whose possession the goods are. Such
notice may be given either to the person in aclual possession of the goods or
to his principal. In the laller case the notice. to be effectual. shall be given
at such time and in such circumstances that the principal. by tbe exercise of
re8soDabie diligence. may communicate it to his servant or aaent in time \0
prevent a delivery to the buyer.
(2) When notice of stoppage in traasit is given by the seller to the camet
or other bailee in possession of the goods. be shall ~eliver the goods to. or
ac::eordins to the directions of. the seller. The expenses of such re.delivuy
shall be borDe by tbe seller.
 Sale 01 Good,. 251

Transfer by Buyer and Seller.

53. (I) Subject to the provisions of this Act. the unpaid setler's right of ERtcl 01 IUb-
lien .or stoppage in transit is not affected by any sale or other disposition of ule or
(liedge by
the goods which the buyer may have made. unless the seller has assented bu)cr.
thereto:
Provided tbat where a document of title to goods has been issued or
lawfully transferred to any person as buyer or owner of the goods. and that
person transfers tbe document to a person who takes the document in good
faith and for consideration. then. if such last mentioned transfer was by way
of sale. the unpaid seller's right of lien or stoppage in transit is defeated. ami
if sucb last mentiuned transfer was by way of pledge or other disposition for
value. the unpaid seller's right of lieo or stoppage in transit can only bo
exercised subject to the rights of the transferee.
(2) Where the transfer is by way of pledge. the unpaid seller may require
the pledgee to have the amount secured by the pledge satisfied in the first
instance. as far as possible. out of any othcr goods or securities of the buyer
in the hands of the pledgee and available against the buyer:

54. (I) Subject to the provisions of this section. a contract of sale is not Sale 1101
IcncralJy
rescinded by the mere exercise by an unpoaid ~eller of his right of lien or ructtldcd by
stoppage in transit. lien or
(2) Wherc the goods are of a perisbable nature. or where the unpaid ItO\'(I;lJe
in lranlit.
seller who has exerci~ed his right of lien or stoppage in transit gives notice to
the buycr of bis intention to resell. the unpaid seller may. if the buyer does
not within a reasonable time payor tender the price. resell the goods within
a reasonable time and recover from the original buyer damages for any loss
occasioned by his breach ot contract. but the buyer sball not be entitled to
any profit which may occur on the resale. If such notice is not giveo. the
unpaid seller shall not be entitled to recover such damagel and the buyer
shall be entitled to the profit. it any. on the resale.
(J) Where an unpaid seller who has exercised his riaht of lien or .top-
page in transit re'sells the goods. the buyer acquires a good title thereto aJ
against the original buyer. notwithstanding that no notice of the re-sale hal
been given to the original buyer.
(4) Where the seller expressly reserves a right of resale in case the buyer
should make default. and. on the buyer making default. resell. the goods. the
original contract of sale is thereby rescinded. but without prejudice to aoy
claim which the seller may have for damages.
CHAPTER VI.'
SUITS FOR BlEACH OF THB CoNTRACf.
55. (I) Where under a contract of sale the property iD the good. hal Sullforllriee.
passed 10 the buyer and the buyer wrongfully neglects or refuses to pay for
the goods according to the terms of the cOnlract. the seller may sue him for
tbe price of the goods.
 252
(2) Where UDder a contract of sale the price is payable on a day certain
irrespective of delivery and the buyer wrongfully neglects or refuses to pay
luch price. the seller may sue bim for the price although the property i.n the
goods has not passed and the aoods have DOt bo:n appropriated to the contract.

D\l.maJlel for 56. Where the buyer wrongfully nealects or refuses to accept and pay for
.....
non:cetpl- the loods. the seller may sue him for damages for non-acceptance.

D:lIllalf" lor 51. Where the seller wrongfully neglects or refuses to deliver the aoods
IIOn-<ddi'cry. to the buyer. the buyer may sue the seller for damages for nOD-delivery.

Sprdfie 51. Subject to the pro,,-isions of Chapter II of the Specific Relief Act. in
perlotDWKe. aDy suit for breach of contract to deliver specific or ascertained goods. the
Court may. if it thinks fit. on the application of the plaintiff. by its decree
direct tbat the contract shall be performed specifically. without giving the
defendant the option of retaining the aoods on payment of damages. The
decree may be unconditional. or upon luch terms Dnd conditions as to damages.
payment of the I'rice or otherwise. as the Court may deem just. and tbe
application of the plaintiff may be made at any time before the de<:rce.
Reliledy for
brntb of
!Ii'.
(I) Where there is a breach of warranty by the seller. or where the
watr~nty.
buyer elects or is compelled to treat any breach of a condition on the part of
the seller as a breach of warranty. the bU)'er is not by reason only of such
breach or warranty entitled to reject the goods; but he may-
(a) set up against the seller the breach of warranty in diminution or
extinction of the price; or
(b) sue the seller for damages for breach of warranty.
(2) The fact that a buyer has set up a breach of warranty in diminution
or extioetion of the price does not prevent him from suing for the same
breach of warranty if be has suffered further damage. .
R"pvdiallon N. Where either party to a contract of $ale repudiates the contract
of tontrKt before the date or delivery. the other may either treat the contract as
bdo.~ due
dat". subsisting and wait till the date of delivery. or he may treat the contract as
rescinded and sue for damages for the breach.
Tnteftlt b1 , .. (I) Nothing in this Act shatl affect the right or the seller or the
""ayof buyer to recover interest or special damages in any case where by law interest
dflm~e:cs and
'P<'ciaT or special damages may be recoverable. or to recover the money paid where
dlalagCL the consideration for the payment of it has failed.
(Z) In the absence of a Cflntract to the contrary. the Court may award
interest at such rate as it thinks fit on the amount of the price-
(a) 10 the seller in a suit by him for the amount of the price-from
the date of the tender of the goods or from the date Oil whicb
the price was payable:
(b) 10 the buyer in a suit by him for the refund of the price in a case
of a breach of the contract On the part of tbe seller-from the
date 013 which thc paymcnt was made.
 Sule 01 Goods.

CHAPTER VII.

MISCELLANEOVS.
62. Where any right. duty or liability would arise under a cODtract of EllClulion 0'
sale by implication of law. it may be negatived or varied by express ~'::~I~~~~'
agreement or by the course of dealing between the parties. or by usage. if the lion
usage is such as to bind both parties to the contract.
63. Where in this Act any reference is made to a reasonable time. the Re~n;able
question what is a reasonable time is a question of fact. time a qutI-
lion Ollact.

64. In the case of a sale by auction- AlICtion ..1

(I) where goods are put up for sale in loti. each lot il primd loci,
deemed to be the subject of a separate contract of sale;
(2) the sale is complete when the auctioneer announces its completioD
by the fan of the hammer or in other customary manner; and.
until such announcement is made. any bidde, may retract his
bid;
(3) a right to bid may be reserved expressly by or on behalf of the
seller and. where such right is expressly so .reserved. but not
otherwise. the seller or anyone person on hjs behalf may. subject
to the provisions hereinafter contained. bid at the auction;
(4) where the sale is not notified to be subject to a rigbt to bid aD
behalf of the seller. it shall not be lawful for the seller to
bid himself or to employ any person to bid at luch sale. or for
the auctioneer knowingly to take any bid from the seller or any
such person; and any sale contravening Ihis rule may be treated
as fraudulent by the buyer;
(5) the sale may be notified to be subject to a reserved or upset price;
(6) if the seller makes use of pretended bidding to raise the price.
the sale is voidable at the option of the buyer.
65.
66. (I) Nothing in this Act shall affect or be deemed to affect- Rav1nl1.
(0) any right. litle. interest. obligation or liability already acquired.
accrued or incurred before the 1st July. 1930,1 or
(b) any legal proceedings or remedy in respect of aoy such riJht. title.
interest. obligation or liability. or
(c) anything done or suffered before the 1st July. 1930. 1 or
(d) any enactment relating to the sale of goods. or
(e) any rule of law not inconsistent with this Act.
(1) The rules of insolvency reJating to contracts for the sale of goods
shall continue to apply thereto. notwithstanding anythina: contained in this Act.
(J) The provisions of this Act relating to contracls of sale do not apply
to any transaction in the form of a contract of sale which is intended to
operale by way of mortgage. pledge. cbarge or other security.
1 D:lIe 01 eommtneemellt of thl. Ael.
 254
THE TREASURE TROVE ACT.

[INDIA Acr VI. 1878.] (13th February. 1878.)

Prtliminof)".
)-2.
In!erpftta 3. In this Act-
Uon claUU.
"treasure... .. treasure" means aDything of any vaJue hidden in tbe soil. or in
anything affixed therelo I
.. ColJe.:tor... .. Collector" includes any officer appointed by the President of the
Union to perform the functions of a Collector under this Act.
.. Owntr.' When any person is entitled. under any reservation in ao instrument of
transfer of any Jand or thing affixed thereto. 10 treasure in such land or thing,
he shall. for the purposes of this Act. be deemed to be the owner of suc h
land or thing.
Procedure on finding Treasure.
Koike by 4, Whenever any treasure exceeding in amount or value ten rupees is
fiudC'f of found, the finder shall. as soon as practicable. give to the Collector notice in
uno. 11ft.
writing-
(a) of the nature and amounl or approximate value of such treasure;
(b) of the place in which it was found;
(c) of the date of the finding;
and either deposit the treasure in the nearest Government treasury. or
give the Collector such security as the Collector thinks fit to produce the
treasure at such time and place as he may from time to time require.
NotlficaUon 5. On receiving a notice under section 4, the Collector shall. after
r~lIldr.R'
cl:dmanl. to making such enquiry (if any) as he thinks fit. take the foHowing steps
arl>eilf. (namely) :--
(0) he shall publish a notification. in such manner as thc President of
the Union from time to time prescribes in this behalf. to the
effect that on a certain date (mtntioning it) certain trcasure
(mentioning its nature. amollnt and approximate value> was
found in a certain place (mentioning irJ; and requiring all
persons claiming the treasure. or any part thereof. to appear
personally or b)C agent before the Collector on a day and at a
place therein mentioned. such day not being earlier than four
months. or later than six. months. after the date ot the
publication of such notification:
(b) when the place in which the treasure appears to the Collector to
have been found was at the date of the finding in the possession
of some person other chan the finder. the Collector shall also
serve on such persoD a special notice in writing to tbe same
effect.
 Treasure Trove.

6. Any person having any right to such treasure or any part thereof. as FOlldture 01
riRbt on
owner of the place in which it was found or otherwise. and not appearing as bllllrc to
required by the notification issued under section 5. shall forfeit such right. arpear.

7. On the day notified under section 5. the Collector shall cause the "bUenln be
I'nquircd inlO
treasure to be produced before him and shall enquire as to and determine-- and deter.
(u) the person by whom. the place in which. and the mined by the
, circumstances Collector.
under which, such treasure was found; and
(b) as far as is possible. the persoD by wh"m. and the circumetances
under wbich such treasure wae bidden.

8. If, upon an enquiry made under section 7, the Collector sees reason Time 10 be
allowed for
to believe that the treasure was hidden within one hundred years before the slIil by
date of the finding by a person appeuing as required by the said notification renou claim.
and claiming such treasure. or by some other person under whom such person ing tile
Ircaaure.
claims. the Collector shall make an order adjourning the hearing of tbe case
for such period as he deems sufficient. to allow of a suit being instituted in
the civil Court by the claimant to establish his right.

,. If upon such enquiry lhe Collector seeS no reason to believe ,that the Wh..
treasure was so hidden; or lreuure may
be decilired
if. where a period is fixed under section 8. no suil is instituted as aforesaid ownerleu.
within such period to the knowledge of the Collector: or
if such suit is institute'd within such period and the plaintiff's claim is
finally rejected;
the Collector may declare the treasure to be ownerless.
Any person aggrieved by a declaration made under this section may Appeal
af:.ainlt Inch
appeal against the same within twO months from the date thereof to the Chief declaration
Controlling Revenue-authority.
Subject to such appeal. every such declaration shall be final and
conclusive.
10. When a declaration has been made in respect of any treasure under Proeeed!n,s
subsequent to
section 9. such treasure shall. in accordance with the provisions hereinafter dedulitioa.
contained. either be delivered to the finder thereof. or be divided between
him and the owner of the place in which it has been found in manner
hereinafter provided.

11. When a declaration bas been made in re.peel of any treasure as When DO
aforesaid. and no person other than the finder of such treasure has appeared OIlier pelion
c1aiml ;a
as required by the notification published under section 5 and claimed a .hare owner 01
of the treasure as owner of the place in which it has been found. the Collector place tre'"
shall deliver such treasure to the finder thereof. :~~:~"wbe
6sIda.
 256 TrellSlue Trove.

Whm ooly 1). When a declaration has been Dlade as aforenid in respect of any
'oue lue!! pcr treasure. and only one person olher than the tinder of such treasure has SO
toll claim'
and hi' chum appeared and claimed. and che claim of such person is not disputed by the
h rtOl dl', finder, tbe Collector shall proceed to divide the Lreasure between the finder and
puted, tru.
.ur. to be the pef$On so claiming according to the following rule (namely) :-
dhid~-d. ;
If tbe tinder and Che person so cl::siming have not entered into any agreement
tben in force as to Che disposal of the treasure. three-fourths of the treasure shall
be aUolted to such finder and the residue to such person. If such finder and
such person have entered into any such agreement. tbe treasure shall be
disposed of in accordance ..therewith:
Provided thaC the Collector may. in any CalC. if he thinks fit, instead of
dividing any treasure as directed by this section.-
(a) al10t to either party the whole or more than his share of such
treasure. on such party paying to the Collector for the other
party such sum of money as the Collector may fix as the
equivJ.lent of che share of such other part}', or of the e:(cess so
allotted. as the case may be: or
(b) seU such treasure or any portion thereof by public auction.
and 4ivide the sale-proceeds between the parties ::sccording to
the rule hereinbefore prescribed:
Provided also that. when the Collector has by his declaration under
section 9 rejected any claim made under this AcC by any person other than
the said finder or person claiming IS owner of the place in which the treasure
was found. such division shall nol be made until.after the expiration of two
months without an appeal having been presented under section 9 by the per-
son whose claim has been so lejected. or when an appeal has been so
presented. after such appeal has been dismissed.
Ind ,haru When the Collector has made a division under Ihis section, he shall
10 be delll'er
ed to p-.lftlU, deliyer to the parties the portions of such treasure. Or the money in lieu
thereof, to which they are respectiYely entitled under such division.

In u,e of 13. When a declaration has been made as aforesaid in respect of any
dl,~uleu 10 treasure. and tWO or more persons haye appeared as aforesaid and each of
ownership of
plao.:. pro- 'hem claimed as owner of the place where such treasure was found. or the
ceedln., to riaht of any person who has so appeared and claimed is disputed by the
be,lay",d,
finder of such treasure. the Collector shall retain such treasure and shall
make an order sta)ing his prC'ceedings with a view to tbe matter beina
enquired into and determined by a civil Court.

BettlemtTlloi 14. Any person who has so appeared and claimed may. within one
_-h dltpute
month from the date of such order. institute a suit in the civil Court to obtain
a decree declaring his riaht: and in every such suit the finder of the treasure
and aU persons disputina luch claim before the Collector shall be made
defendants.
 Treasure Trove. 257

15. If any such suit is instituted and tbe plaintiff's claim ia finally estal>- and division
thereupon.
lished therein. the Collector shall. subject to tbe provisions of section 12.
divide the treasure between him and the tinder.
If DO such suit is instituted as aforesaid, or if the claims of the plaintiffs
in all such suits are finally rejected. the Collector shall deliver the treasure to
the finder.
Hi. The Collector may. at any time after making a declaration und~r Power to ac
section 9. and before delivering or dividing the treasure as hereinbefore quire the
Ireasure on
provided, declare by writing under his band his intention to acq uire on behalf behalf of
of the Government the treasure, or any specified p<:'rtion tbereof. by payment GovtnllJ'lcnl
to tbe persons entitled thereto of a sum equal to the value of the materials of
such treasure or portion. together with one-fifth of suc:h value, and may place
such sum in deposit in his treasury to the credit of such persons; and there-
upon such treasure or portion shall be deemed to be the propcny of Govern
ment. and the money so deposited sball be dealt witb, u far as may be. as if
it were such treasure or portion.
17. No decision passed or act done by the Collector under this Act shall Decision of
be called in question by any civil Court, and no suit or other proceeding shall <':olkclor
filial. and no
lie against him for anything done in good faith in exerci5\,: of the powers here- suillo IiI:
by conferred. af:ainst him
(or ach done
bewa Ide.
18. A Collector making any enquiry under this Act may exercise any Collector to
power conferred by the Code of Civil Procedure On a civil Court for the uial eSl:rci.e
of suits. powcrt of
eM] Com.

It. The President of the Union may. from time to time, make rules Power to
consistent with tbis Act to regulate proceedings hereunder. ""~ .-
Such rules shall. on being published in the Gazette. have the fort:C of
law.
Penalties.
ZOo It the finder of any treasure fails to give the notice. or does not Penalty on
either make the deposit or give the security. required by section 4, or alters finder fallin.
10 ltive
or attempts to alter such treasure so as to conceal its identic)'. the share of DI.tiec. ete.
such treasure. or tbe money in lieu thereof to which he would otherwise be
entitled. shall vest in the State.
and be shall. on conviction before a Magistrate. be punished with
imprisonment for a term which may extend:o one year. or with fine, or with
bQlh.
%1. If tbe owner ot the place in which any treasure is found abets. PclUlty Of!
within the meaning of the Penal Code. any offence under scctioa 20. the owner abet_
share of such treasure, or the money in lieu thereof to which he would otber. ling
~d"
offtbce
wise be entitled. shall vest in the State. scct.ioa 20.
and he sball. on conviction before a Magistrate. be punished with
imprisonment which may extend to six months. or with fine. Ot with botb.

Ii
 258
THE CUSTODIAN OF MOVABLE PROPERTY ACT.

[BURMA ACT X. 1945.] (lst November. 1945.)

WHEREAS it is expedient to make legislative provision for the recovery

and return to the owners of movable property of which the owners have been
deprived of possession by circumstances arising out of the war and for the
appointment of Custodians of such property;

It is hereby enacted as follows :-

CHAPTER I.

PIlELIMINAIlY.

Shurt title
1. (I) This Act may be called the Custodian of Movable Property Act.
and ~om 1945.
11\("n~cnlent.
(2) It shall come into force on such date I as the President of tbe Union
may. by notification. appoint. and shall remain in force until the President of
the Union, by notification. shall declare it to be no longer in force.

Dermilions.
2 In this Act. unless there is anything repugnant in the subject or
context.-
(l) Custodian" means a Custodian of ,Movable Property appointed
under this Act. and. except in Chapter II. includes an Assistant
Custodian;
(ii) Owner" includes the legal representatives of a deceased owner;
and
(iii) .. prescribed .. means prescribed by rules made under this Act.
3. Where owing to circumstances arising out of the war an owner of
No rresuftl(l-
lion (>f movable property relinquished possession thereof within the Union of Burma.
nhalldonmtnt it shall be presumed. until the contrary is proved. that he has continued to be
of l11o... ahle
(lf01ICrty. tho owner of such property and that be has had no intention of abandoning
the same or any rights thereto.
4. No proceeding. civil or criminal. shall be instituted in respect of any
Protection
to person movable property possession of which was relinquished by the owner thereof
making over owing to circumstances arising'" out of the war against any person who has
POSS<-'l'SiOll of
mo\'able come into possession of that property if sucb person delivers up such prop~rty
(lToperty to to the owner or to a Custodian within such period after the commencement of
rightful
owun or this Act as may be prescribed.
Cu~todian
within
,tipub.ted
time.

1 Itt Ko\"cmber 1945 see 8",111.. 0' dlt, t946, Part I, page 76.
 Cu'todian 01 Movable Property. 259
CHAPTER II.
ApPOINTMENT OF CUSTODIANS.

5. (I) The President of the Union may. either for the whole ohbe Union Aproolntment
01 Custodian.
of Burma or for any particular area. appoint one or more Custodians and such and Auis-
number of Assistant Custodians as he thinks necessary or expedient for securing lanl Custo-
dians.
compliance with the provisions of this Act.
(2) Every Asshtant Custodian shall act under the directiao and control of
the Custodian for the area in which be is appointed.
,. Subject to tbe control of the President of the Union. the Custodian for Appointment
olhcr
any area shall have authority to appoint such offic:ers (otber than AlSistant 0{ oK.eera and
Custodians) and servants as may be considered necessary or pro!>'=r for the 1;c:"~I ..
effective discharge in that area of the duties. powers and functions imposed
upon him by this Act.

CHAPTER III.
POWERS AND DuTIES OF CUSTODIANS.
1. (I) Any person who is in possession of movable property. the possession Power to
of which was relinquished by the owner thereof in the circumstances mentioned Custodian to
in $Cction 3 may deliver the same to the nearest Custodian. who shall take all ~=~IC"
property so dclivere.d to him into his custody. movable
(Z) If a Custodian has reasonable cause to believe that any movable propert)'.
property of wbich possession was relinquished in the circumstances mentioned
in seclion 3 is in the possession of any perSOn other than the owner thereof.
he may. by day or by night. enter and searcb any premises for such property
and take into bis custody. or by order in writing authori" any police officer
not below the rank of SubInspector to do so :
I Provided thilt the provisions of this section .ball cease to apply to
mineral ores and metals other than gold and silver on the 1st November 1948.
if they arc not delivered to tbe Custodian or seized by him or by bit order
before the said date.
8. (I) The Custodian shall relaiD in his custody all property delivered to Dis;>olal 011
bim or seized under section 7. and. in respect of each delivery under sub-section properl)'
cklivc:red or
(J) of section 7. and of eacb seizure under subseclion (2) of section 7. shall Kizcd undu
issue a proclamation. containing a description of each article of which tbe lCdiOl1 7.
property consists. and requiring any perso~ who has any claim thereto to
apf'Car and establish bis right to the same within such period from the date
of the proclamation as may be reasonable baving regard to the circumstances
of each case. Tbe proclamation sball be published in sucb manner and
served on sucb perlOns as may be prescribed.
(Z) On the upiry of the period mentioned iD the proelamatioa. or of
any further time wbich may be given. the Custodian sball peru" the
I Thil provilo waf IDlCltcd b)' Act XLI, 19...
 260 Custodian 01 Movable Properly.

statements (if any) put in by the claimants to the property, hear the claimants,
receive all such evidence as may be produced by them respectively. consider
the effect of such evidence. take such further evidence (if any) as he considers
necessary, and shall in a summary manner decide which. if any. of the
claimants is entilled to the property. or any part thereof, under this Act.
(3) If the Custodian decides that one or more of the claimants is entitled
to any part of the property. the Custodian shall deliver to each such claimant
the property to, which he is entilled under the order of the Custodian.
(4) If any property delivered or seized under section 7 is subject to
speedy and natural decayor it the Custodian is of opinion that its sale would
be for the benefit of the owner thereof. or that its value is less lhan ten
rupees. the Custodian may at any time direct it to be solcJ. and the net
proceeds of such Sale shall be held for the benefit of the person who may
establish his title to the property.
(5) If nO person establishes his claim to any property delivered or seized
under section 7 wi~hin a period of three years from the date of the proclama-
tion issued under sub-seclion (I), such property. or the sale proceeds thereof
if sold. shall vest in the Government.
[" ". *]1
Application g. (I) Any peroon who has relinquished possession of any movable
by owner property in the circumstances mentioned in section 3, and who knows or has
for rl:~tor:\.
lion of reasons to b~lieve that such property or any pari thereof is in the possession of
movahle any other person. may apply to the Custodian to recover possession of such
pfOl'l,.'Tty.
property from such person: provided that the prpperty can be identified. either
in whole or in part. and can be separated from any combination.
t- .:.:. 2 (la) Notwithstanding anything contained in sub-section (1). no applica
lion made under the said sub-stcrion shall be enlertained by the Custodian
afler Ihe 31s1 October J948.
(2) On receipt of an application under sub-section (1). the Custodian
shall cause a notice to be served on the party in whose possession the properly
is alleged to be. Dnd on any other person who appears from the statement of
the applicant to be interested in the property. requiring him or tbem to attend
al the time and place filled for hearing the application. for the purpose of
determining the title to the said property under this Act.
(3) If. after receipt of a notice under sub-section (2). any party in whose
possession the property is alleged 10 be disposes of such property in any
manner with a view to defeating the objects or this Act he shall be punishable
with imprisonment for a term 'Which may exlend to three months, or with fine
which may extend to five hundred rupees. or wilh both.
(4) The Custodian may. if he thinks fit. at any time after the pre~nta
tion of the application. e:<ercise his powers under sub-seclion (2) of section 7
to search for and seize the property mentioned in Ihe application. and may.
pending the conclusion of the enquiry under subsection (2). pass such orders
ror the proper custody of the property as he thinks tit.
I The proviso w.as deleted by Ad XXX, 1949
Inserted by Act XLI, 19411. _
 Custodian 01 Movable Property. 261
(5) If the applicant or his agent fails to appear at the time and place
fixed for hearing the application. or at any subsequent time or place to wbich
the hearing may be adjourned. and there is no sufficient cause for his non-
appearaDe~. the Custodian may dismiss the application.
(6) If the opposite party or any other person interested in the property.
after having been served with notice. does not attend at such time and place.
or at any subsequent time or place 10 whieh Ihe hearing may be adjourned.
the application may be heard and determined in his absence.
(7) On Ihe date fixed. or on any subsequent date 10 which the hearing
may be adjourned. the Custodian shall peruse the statements (if any) put in.
examine the parties. receive all such evidence as filly be produced by them
respectively and consider the effect of such evidence. lake such further evidence
(if any) as he thinks necessary. and shall in a summary manner decide
whether the applicant or any otber person is entitled to the property or any
part tbereof under this Act.
(8) If the Custodian decides that the applicant or any other person is
entitled to the property or any part thereof. and the property or such part is in
the custody of the Custodian he shall deliver the property or such part to the
apprclnt or such person. If the property or such part is not in the custodyot
the Custodian. he sh!lll proceed to enforce his order under section 10.
(9) The provisions of sub-section (4) ot sectio. 8 shall apply to any
property in Ihe custody of the Custodian under the provisions of this sution.
(,0) Any property in tbe custody of the Custodian under tbe provisions
of Ihis seclion to which no person establishes a claim within a period of Ibree
years from the date on whic~ it caRle inlo the custody of the Custodian. or
the sale proceeds tbereof. if sold. shall vest in the Government.

10.. (I) Any order passed by Ihe Custodian under sub-scc:tion (2) of Reltoration
section 8 or subsection (7) of section 9 may be enforced in the following orposse:.llon.
huw t" be
manner. namely. by serving a notice on the person in possession of the efh:dcd.
property. or his agent. requiring him, within such time as the Custodian may
deem reasonable after the receipt of the said notice. to make over ponession of
said properly to the person entitled under the order thereto. and if such notice
is not obeyed. by seizing. or authorizing by order in writing any police officer
not below the rank of Sub-Inspectur 10 seize. the said property from the
possession of that person or bis agent and delivering it to the person entitled
thereto.
(2) If the officer shall be resisted or obstructed by any person in'seizing
any such properly. the Custodian may issue-a warrant for tbe arrest of sucb
pe~on. and on proof of the facts of such resistance or obstruction may
sentence sucb person to imprisonment for any period nOI exceeding tbirty days.
or to fine wich may extend to one hundred rupees. or 10 both:
Provided tbat no person sentenec:d under this sub-section shall be liable
to be prosecuted under section 183. section 186 or section 188 of the Penal Code
or under subseclion (I) of section 15 of tbis Act in respect of the same
l~
 262 CUSlodian 01 Movable ProperlY.

COIl. of lJ. The Custodian may pass such orders as to the costs of any enquiry or
enquiry.
proceeding under this Act. and the payment thereof as he may deem 6t,
Powcr 10 12. For the purpose of any enquiry under this Act tbe Custodian shall ha\'c
summon and power to summon and enforce the attendance of persons. to receive and record
enrorce
attendance evidence. and to compel the prOduction of documents by the same means aDd
of willtC!.5C' so far as may be in the same manner as provided in the case of a civil Court
and to
compel by tbe Code of Civil Procedure.
produclionof
dOCllmtnls.

CHAPTER IV.
GENERAL.

Finalilyof 13. Except as provided by section 18. the decision of a Custodian under
decision of this Act as to the title to any movable property shall be final and shall be
custodian.
conclusive evidence thereof.

nar 10 Juris- 14. Except as otherwise provided in this Act. no civil Court shall have
dielio" of jurisdiction in any maUer which the Custodian is empowered or under this Act
ehil Coult.
to determine or sh:.11 take cognizance of the manner in which the Custodian
exercises any power vested in him by or under this Act.

Pellally for 15, (I) Whoever in any manner wilfully obstructs the Custodian or any
wrongr,,1 officer authorized by the Custodian in the performance of his duties. or refuses
ob!<lrodion
"r disobe- to hand over any movable property when required so to do by the Custodian
ditnre of or any officer authorized by the Custodian" shall be punishable with
order. imprisonment for a ternl which may extend to three months. or with tine which
may extend to five hundred rupees, or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure.
an offence under chis section shall be cognizable and nonbailable.

Power 10 16. (I) The President of the Union may make rules. to carry out (he
nlUe rults, provisions of Chis Act.
(2) In particular, and without prejudice to (he generality of the foregoing
power. such rules may-
(a) prescribe the period under section 4 :
(b) prescribe the manner in which a proclamation issued under
subsection (I) of stction 8 shall be published and (be persons on
whom a copy of such proclamation shall be served;
(c) prescribe the form and contents of applications under section 9 ;
(d) prescribe the procedure 10 be adopted and the records 10 be
maintained by Custodians in the conduct of enquiries and the
enforcements of orders :
(~) prescribe the ftes to be paid to Custodians for the custody of any
movable property and by whom such fees shall be paid ;
I t<'or sllCh ruln.:ce Bllfma w~tlc, 1945. rart t. [>3g..- 74.
 Custodian of Movab/~ ProJH"Y, 263

(f) prescribe the forms of Dotice. and the manner in which they shall
be issued and seeved ;
(g) provide foe the rendeeing of aid by the polico and other public
authorities to Custodians in tbe conduct of enquiries and the
enforcement of orders ;
(h) prescribe the duties to be performed by village headmen. rural
policemen and villagers in connection with tbe Pfoceediogs
of Custodians.
17. No suit. prosecution or other legal proceeding shall tie against- Bar to suits.
(i) any officer or authority vested with wwers under tbis Act for
anything in good faith daDe or intended to be done thereunder; or
(ii) any pmOn for any injury or damage caused to any person or any
movable property in consequence of any act in &oad faith done or
intended to be done under this Act.

U. Nothing done under or in accordance witb tbis Act sball be deemed SniuJ[.
to preclude any person from instituting a suit or other proceeding in any
competent Court under any law foe the time being in force foe possession of
or for establishing any rigbt in respect of any movable property to which suc:b
person may deem himself to be presently entitled.
 264

PART XX-INCORPOREAL RIGHTS

(MOVEABLE).

!l'dqSa J 011 lI0ffiL!l'dooe3~eQ~~~!l'dR~!l'dG,\&

"lI?& (~. G?Sa~S~~o8e3&) ~S'PII
THE INTEREST ACT.
[INDIA ACTS XXXII. 1839; XXVIII. 1855.] (30th December. 1839; 19th
September. 1855.)

Power 01 1. Upon all debts or sums certain payable at a certain time or otherwise.
Court 10 the Court before which such debts or sums may be recovered may. if it shall
allow
Internt. think fit. allow int(jrest to the creditor at a rate not exceeding the current rate
of interest from the time when such debts or sums certain were payable. if such
debts or sums be payable by virtue of some written instrument at a certain
time. or if payabl~ otherwise. then from the time when demand of payment
Shall have been made in writing. so as such demand shall give notice to the
debtor that interest win be claimed from the date of such demand until the
term of payment: provided that interest shall be payable in all cases in which
it is otherwise payable by law.

Rale of Z. In any suit in which interest is recoverable. the amount shall be

inlerc.t to be adjudged or decreed by the Court at the rate (if any) agreed upon by the parties;
decreed h)
COUrls. and. if no rate shall have been agreed upon. at such rate as th~ Court
shall deem reasonable.

Rate nf 3. Whenever a Court shall direct that a judgment or decree shall bear
Illterell III'0n interest. or shall award interest upon a judgment or decree. it may order the
a judgment
or deer~e. interest to be calculated at the rate allowed in the judgment or decree upon
the principal sum adjudged. or at such other rate as the Coun shall think fit.

Contraels for 4. A mortgage or other contract for Ihe loan of money. by which it is
usufruct agreed Ihat the use or usufruct of any properly shall be allowed in lieu of
of I'ro~rty
in lieu of interest. shall be binding upon the parties.
interest.
S.
RIle of 6. In any case in which all adjustment of accounts may becOme necessary
inliCrdl on between the lender and the borrower of money upon any contract whatsoever
f"lllre adjust. interest shall be calculated at the rale stipulated therein; or. if no rate of
nwnb of
ace.lllnts. interest shall have been Stipulated and interest be payable under the terms of
the contract. al such rate as Ibe Court shall deem reasonable.
 765
THE USURIOUS LOANS ACT.

(INDIA A(.,.... X. 1918.] (22nd March. 1918.)

1. The President of the Union may. by notification, direct tbat this Act Powuto
ududefrac.
sbaH not apply to any area, class of persons. or class of transactions which he (JpC'ration 01
may specify in the notification. 'd.
2. In tbis Act. unless there is anything repugnant in tbc subject or DdiniUonl.
conteltt.-
(I) .. interest" means fatc of interest and incJudes the return to be
made over and above what was actuaily lent. whether the same
is charged or sought to be recovered specifically by way of interest
or otherwise ;
(2) .. loan" means a loan whether of money or in kind. and includes
any transaction which is. in the opinion of the Court. in
subSI41nce a loan :
(3) .. suit to which this Act applies .. means any SlU1-
(a) for the recovery of a )030 made after the 22nd March. 1918 I ; or
(b) for the enforcement of any security taken or any agreement.
whether by way of seltlement of account"or otherwise. made
after the said date. in respect of any loan made either before
or after Ihe said date; or
(e) for Ihe redemption of any security given after the said date in
respect of any loan made either before or after the said date_
3, (I) Notwithstanding' unything in the Interest Act. where. in any suit Re-opcninc:
to which this Act applies. whether heard ex porte or otherwise. the Court has cA tram-
reaSOn to believe.- action'.
(a) that the interest is excessive. and
(b) thai the transaction was, as between the parties thereto. substantially
unfair.
the Court may exercise all or any of the following powers. namely, may.-
(i) re-open the transaclion. take an account between the parties, and
relieve the debtor of all liability in respecl of aDY exce.sive
interest ;
(ii) notwithstanding any agreement purporting to close previous
dealings and to create a new obligation. re-open any account
already tllken between Ihem and relieve the debtor' of all liability
in respect of any excessive inte~51. and if anything has been paid
or allowed in account in respect of such Iiabilily. order the
creditor to repay any sum which it considers to be repayable in
respect thereof ;
(iii) set aside. either wholly or in pari. or revise or alter any security
given or agreement made in respect of aDy loan, aDd it tbe
I Date 0' COQlQltPC"C'lllCat oIlhi, Acl.
266 Usurious Loans.
creditor has parted with the security. order him to indemnify the
debtor in such manner and to such extent as it may deem just:
Provided that. in the exercise of these powers. the Court shall 001-
m rcoOpeD any agreement purporting to close previous dealings and to
create a new obligation which has been entered into by the parties.
or any persons from whom they claim. at a date more tban twelve
years from the date of the transaction;
(ii) do anything which affects any decree of a Court.
Explanati:Jn.-In the case of a suit brought on a series of transactions
the expression "the transaction" means. for the purposes of proviso 0). the
first of such transactions.'
(2) (a) In this section .. excessive" means in excess of that which the
Court deems to be reasonable having regard to the risk incurred as it appeared.
or must be taken to have appeared. to the creditor at the date of the loan.
(b) ]n considering whether interest is excessive under this section. the
Court shall take into account any amounts charged or paid. whether in money
or in kind. for expenses. inquiries. fines. bonuses. premia. renewals or any
other charges. and if compound interest is charged. the periods at which it is
calculated and the total advantage which may reasonably be taken to have been
expected from the 'transaction.
(c) In considering the question of risk. the Court shall take into account
the presence or absence of security and the value thereof. the financial condition
of the debtor and the result of any previous transactions of tbe debtor. by way
of loan. so far as the same were known. or must be taken to have been known.
to the creditor,
(d) In considering whether a transaction was substantially unfair. the
Court shall take into account all circumstances materially affecting the relations
of the parties at the time of the loan or tending to show that the transaction
was unfair. including the necessities or supposed necessities of the debtor at
the time of the loan. so far as the same were known. or must be taken to have
been known. to the creditor.
ExplanQfion.-]nterest may of itself be sufficient evidence that the
transaction was substantial1y unfair,
(3) This section shall apply to any suit. whatever its form may be. if
such suit is substantially one for the recovery of a loan or for the enforcement
of any agreement or security in respect of a loan or for the redemption of any
such ~urity.
(4) Nothing in this sectiQn shall affect the rights of any transferee for
value who satisfies the Coun that the transfer to him was bona {idt.', and that
be had at the time of such transfer no notice of any fact which would have
entitled the debtor as against the lender to relief under this section.
For the purposes of this subsection. the word notice" shall have the
same meaning as is ascribed to it in section 4 of the Transfer of Property Act.
(5) Nothing in this section shall be construed as derogating from the
existing powers or jurisdiction of any Court.
 267
4. On any application relating to the admission or amount of a proof of Inlolyency
procdinCI.
a loan in any insolvency proceedings. the COUrt may exercise the like
powers as may be exercised under section 3 by a Court in a auit to which tbi.
Act applies.

THE NEGOTIABLE INSTRUMENTS ACf.

CONTENTS.

CHAPTER [.
PRELIMINARY.
Sut;onJ.
1. Saving as to paper cuceeocy law and of usages relating to buodia. etc
2.
3. Interpretation clause.

CHAPTER II.
OF NOTES. BILLS AND CHEQUES.
4. .. Promissory note ..
5. .. Bill of eltchangc ..
6. .. Cheque ..
7. Drawer ..
.. Drawee."
.. Drawee in case of need ...
Acceptor."
Acceptor for honour...
Payee...
8. .. Holder. ,.
9. .. Holder in due course ...
10. Payment in due course."
11. Inland instrument.
12. Foreign instrument.
13. .. Negotiable instrument...
14. Negotiation.
15. Indorsement.
16. Indorsement" in blank and" in fylJ ...
.. Indorsee...
17 Ambiguous instrument.
18. Where amount is stated differently in fiauces and word
19. Instruments payable 00 demand.
20. Inchoate stamped instruments.
21. .. At sighl."
.. On presentment...
268 Negotiable Instrument!.

Sec/ions.
" Aftcr sight.
It

22. .. Maturity. "

Days of grace.
23. Calculating maturity of bill or notc payable so many months aftcr
date Or sight.
24. calculating maturity of bill Or note payable so many days after date
or sight.
25. WhoII' day of maturity is a holiday.

CHAPTER III.
PARTIES TO NOTES. BILLS AND CHEQUES.
26. Capacity to make. etc., promissory notes. clC.
Minor.
27. Agency.
28. Liability pf agent signing.
29. Liability of legal representative signing.
30. Liability of drawer.
31. Liability.of drawee of cheque.
32. Liability of maker of note and acceptor of bill.
33. Only drawee can be acceptor except in need or Cor honour.
34. Acceptance by several drawees not partners.
35. Liability of indorser.
36. Liability of prior parties to holder in due course.
37. Maker. drawer and acceptor. principals.
38. Prior p:trty a principal in respect of each subsequent party.
39. Suretyship.
40. Discharge of indorser's liability.
41. Acceptor bound. although indorsement forged.
42. Acceptance of bill drawn in fictitious name.
43. Negotiable instrument m:tde etc., without consideration.
44. Partial absence or failure of Illoney-eonsideration.
45. Partial failure of consideration not consisting of money.
45A. Holder's right to duplicate of lost bill.

CHAPTER IV.
OF NEGOTIATION.
46. Delivery.
41. Negotiation by delivery.
48. Negotiation by indorsement.
49. Conversion of indorsement in blank into indor!ement in full.
SO. Etft of indorsement.
51. Who may negotiate.
52. Indorser who excludes his own liability or makes it conditional.
53. Holder deriving tille from holder in due course.
 Negotiable Instruments. 269

Sections.

54. Instrument indorsed in blank.

55. Conversion of indorsement in blank into indorsement in full.
56. Indorsement for part of sum due.
57. Legal representative cannot by delivery only negotiate instrument in-
dorsed by deceased.
58. Instrument obtained by unlawful means or for unlawful considelation.
59. Instrument acquired afler dishonour or when overdue.
Accomm"odation note or bill.
60. Instrument negotiable till payment or satisfaction.

CHAPTER V.
OF PRESENTMENT.

61. Presentment for acceptance.

62. Presentment of promissory note for sight.
63. Drawee's time for deliberatlon.
64. Presentment for payment.
65. Hours for presentment.
66. Presentment for payment of instrument payable after date or sight.
67. Presentment for payment of promissory note payable by instalments.
68. Presentment for payment of instrument payable at specified place and
not elsewhere.
69. Instruntent payable at specified place.
70. Presentment where nO exclusive place specified.
71 Presentment when maker. etc. has no known place of business or
residence.
72. Presentment of cheque to charge drawer.
73. Presentment of cheque to charge any other person.
74. Presentment of instrument payable on demand.
75. Presentment by or to agent. representative of deceased or assignee of
insolvent.
75A. Excuse for delay in presentment for acceptance or payment.
76. When presentment unnecessary.
77. Liability of banker for negligently dealing with bill presented for
payment.

CHAPTER VI.
OP PAYMENT AND INTEREST.

78. To whom payment should be made.

79. Interest when rate specified.
80. Interest when no rate specified.
81. Delivery of instrument on payment. or indemnity in case of lou.
270 Negotiable Instruments.

CHAPTER VII.
OP DISCHARGE FROM LIABILITY ON NOTES. BILLS AND CHEQUES.
Sections.
82. Dlscharge from liability-
(a) by cancellation;
(h) by release;
Ie) by payment.
83. Discharge by allowing drawee more than forty-eight hours to accept.
84. When cheque ncrt duly presented and drawer damaged thereby.
85. Cheque payable to order or bearer.
8SA. Drafts drawn by one branch of a bank on another payable 10 order.
86. Parties not consenting discharged by qualified or limited acceptance.
87. Effect of material alteration.
Alteration by indorsee.
88. Acceptor.. or indorser bound notwithstanding p.evious alteration.
89. Payment of instrument on which alteration is not apparent.
90. Extinguishment of rights of acHoD on bill in acceptors's hands.

CHAPTER VlII.
OF NOTICE OF DISHONOUR.
91. Dishonour by non~acceptance.
92. Dishonour by non-payment.
93. By and to whom notice should be gi\'~n.
94. Mode in which notice may be given.
95. Party receiving must transmit notice of dishonour.
96. Agent for presentment.
97. When party to whom notice given is dead.
98. When notice of dishonour is unnecessary.
CHAPTER IX.
OF NOTING AND PROTEST.
99. Noting.
100. Protest.
Protest for better security.
101. Contents of protest.
IOZ. Notice of protest.
103. Protest for non-paymCl;'lt after dishonour by non-acceptance.
104. Protest of foreign bills.
104A. When noting equivalent to protest.
CHAPTER X.
OF REASONABLE TIME.
105. Reasonable time.
106. Reasonable time of giving notice of dishonour.
-107. Reasonable time for transmitting such notice.
 Negotiable Instruments. 271

CHAPTER XI.
OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REPERENCIi IN CASE OF NEBD.
Sections.
108. Acceptance for honour.
109. How acceptance for honour must be made.
110. Acceptance not specifying for whose honour it is made.
111. Liabilit)" of acceptor for honour.
112. When acceptor for honour may be charged.
113. Payment for honour.
114. Rights of payer for honour.
tiS. Drawee in case of need.
116. Acceptance and payment without protest.

CHAPTER XII.
OF COMPENSATION.
117. Rules as to cOlDpensation.

CHAPTER XIII.
SPECIAL RULES OF EVIDENCE.

118. Presumptions as to negotiable instrumeDts-

(a) of consideration;
(b) as to date;
(<:) as to time of acceptance;
(d) as to time of transfer;
(e) as to order of indorsements ;
(I) as to stamp;
(g) that holder is a holder in due course.
119. Presumption on proof of protest.
120. Estoppel against denying original validity of instrument.
121. Estoppel against denying capacity of payee to indorse.
122. Estoppel against denying signature or capacity of prior parly.

CHAPTER XIV.
OF CROSSED CHEQUES.
123. Cheque crossed generaJl)"
124. Cheque crossed specially.
IZS. Crossing after issue.
126. Payment of cheque crossed generally.
Payment of cheque crossed specially.
127. Payment of cheque crossed specially more tban oncc.
128. Payment in due course of crossed cheque.
129. Payment of crossed cheque out of due course.
130. Cheque bearing" not negotiable."
J31. NOD-liability of banker rec~iving payment of cbeque.
 272 Negotiable Instruments.

CHAPTER XV.
OF BILLS IN SETS.
Sections.
132. Set of bills.
133. Holder oC first acquired part entitled to all.

CHAPTER XVI.
OF INTERNATIONAL LAW.
134. Law governing liability of maker. acceptor or indorser of foreign
instrument.
135. Law of place of payment governs dishonour.
136. Inslrument made. etc . out of the Union oC Burma. but in accordance
with its law.
137. Presum~ion as to foreign Jaw.

CHAPTER XVII.
NOTARIES PUBLIC.
138. Power to appoint notaries public.
139. Power to make rules for notaries public.

THE NEGOTIABLE INSTRUMENTS ACT.!

[INDIA ACT XXVI. 1881.) (Its March. 1882.)

CHAPTER I.
PRELIMINARY.

Saving as to 1. Nothing herein contained affects the law relating to paper currency:
I,aper c:ur4 and nothing herein contained affects any local usage relating to any
relley law
alld olusagu instrument in an oriental language: Provided that such usages may be
relathlfl, 10 excluded by any words in the body of the instrument which indicate an
hUlldis,dc.
intention that the legal relations oC the parties thereto shall be governed by
this Act.
2.
IlIlerpro:l;\o 3. In this Act-
flon c1aule. .. banker" includes a1so persons or a corporation or company "cling
.. Bankl>r."
as bankers; and
.. Notary .. notary public" includes also any person appointed by the President
J'lUbli.;." of the Union to perform the functions of a notary pubhc under
Ihis Act.
I For aummary {'ffXcd"re 01\ ne~o'iable In~trumcnl >ee Order XXXVII of Uu:= Code of
Ci\il Procedure.
 Negotiable Insuumenrl. 273

CHAPTER II.
OF NOTES. BU.LS AND CHEQUES
.c. A .. promissory note is an instrument in writing (not being a ba.nt~ .. Prom-lllOI')'
note or a currencynote) containing an unconditional undertaking. signed by note."
the maker. 10 pay a certain sum of money only to. or to the order of. a
certain person. or to tbe bearer of the instrument.
'lfI'Jlrtllrllll'.
II sign. htllrumenl. in the followi"g lelm. :
ell) .. I promise 10 pay B or order Rs. 500."
16) "I ....:knowledge myself to b~ indebted to B ill Rs. I.~. 10 b: Ilafd 011 demand for
\alue rcedl'ed,"
eel ., Mr. U, IOU R,. 1.000,"
Idl "I promi'l: to ray JJ R. 500 aOld all other sum. which .h:1I1 be ddc 10 hl.m."
It) "I p~Olnl.e 10 pay H RI. 500. fir.t deduclina: IherCl)ut auy 'money whicb he may
OWl: me."
If I '( I'rnmi&e 10 pay B Rsao leVell .tap ..flcr lily marri;tlt:~ wi:b C."
I.t'l "I l"I'"misc to pay B ~, 500. on D', death, prodded D leavCII me cltoOgh to pay
thaI lum."
lit) .. I l'lrmnllC 10 flay B R:i. SOO alld 10 deliver 10 him my bl.ICk horse on lit January
lH:lll ..
1"he IlIlirr:mcnti rc.pcctivdy marked 1"1 and Ib) are prO'llifSOry nute.. TIIc,: illtlrument.
rc'Jll:clivdr m.ITlu:d I'" ldl let (/), til and (Ar) are not prOlni'<SOry notea.
5. A .. bill of exchange" is an instrument in writing cOnlalDIDg an .. Bill 01 eK
unconditional order. signed by tbe maker. directing a certain persoD to pay a ctlaniCo"
certain sum or money only to. or to the order of. a certain perlOo or to tbe
bearer of the instrument.
A promise or order to pay is not" conditional," within the meaninl of
Ihis section and section 4. by reason of the lime for payment of the amount
or any instalment thereof being expressed to be on the lapse of a certain
period arler the occurrence of a specified event Which. according to the
ordinary expectation of mankind. is cerlain to happen. although tbe time of
its happening may be uncertain.
The sum payable may be "certain". within the meaning of this section
and section 4. although it includes future interest or is pa)lable at an
indicated tale of exchange. or is according to the course of exchansc. and
although the inslrument provides that. on default of payment of an inltalment.
the balance unpaid shall become due.
The person to whom it is clear that the direction il given or that pay~
ment is to be made may be a .. certain person." v.ithin the meaning of thil
sectiRn and section 4. although he is mis~named or designated by description
only.

,. A .. cheque" is a bill of exchange drawn On a specified banker aod MCbeqDe."

not expressed to be payable otberwise tban On demand.
7. The maker of a bill of exchange or cbeque il called the .. drawu .. ; .. DrawC!',"
tbe person thereby directed to pay is called the .. drawee." .. Drawee,"

18
 274 Negotiable Ins/ruments.

.. Dr~wce In When in the bill or in any indorsement lhereon the name of any person is
case(lflleed,"
given in addition to the drawee to be resorted to in case of need. such person
is called a .. drawee in case of need."
.. Acceptor." Afler the drawee of a bill has signed his assent upon the bill. or. if there
are more parts thereof than one. upon one of such parts. and delivered the
same. or given notice of such signing (0 the holder or to some person on his,
behalf. he is called the acceptor."
.. Acceptor When a bill of exchange has been noted or protested for nonacceplance
for honQur."
or for better !.ecurity. and any person accepts it supra protest for honour of
the drawer or of anyone of the indorsers. such person is called an .. acceptor
for honour." '
.. P,lyee."' The person named in the instrument. to whom or to whose order the
money is by the instrument directed to be paid. is called the" payee."
" Holder." B. The .. holder" of a promissory n.ote. bill of exchange or cheque
means any person entitled in his own name to the possession thereof and to
receive or recoverthe amount due thereon from the parties thereto.
Where the note. bill or Cheque is lost or destroyed. its holder is the
person so entitled. at the time of such loss or destruction.

"Holder in , ... Holder in' due course" means any person who for consideratiOn
due COur-.:,"
became the possessor of a promissory note. bill of exchange or cheque if
pnyable to bearer.
or the payee or indorsee thereof, if payable to order.
before the amount mentioned ill it became payable. and without having
sufficient cause to believe that any deect existed in the title of the person
from whom he derived his title.

"Payment in 10... Payment in due course" means payment in accordance with the
due coone:
apparent tenor of the instrument in good faith and without negligence to nny
person in possession thereof under circumstances which do not afford a
reasonable ground for believing that he is not entitled to receive payment of
the amount therein mentioned.
Inland 11. A promissory note. bill of exchange or cheque drawn or made in
insirulllent.
the Union of Burma. and made payable in. or drawn upon any person
resident in. the Union of Burma. shall be deemed to be an inland instrument.
Forel~n in- '11. Any such instrument not so drawn. made or made payable sball bo
strument.
deemed to be a foreign instrulfient.
.. !'OcJ:otlable 13. (I) A" negotiable instrument" means a promissory note. t;dl of
instrumenl." ex.change or cheque payable either to order or to bearer.

Explanation (i).-A promissory note. bill of exchange or Cheque is

payable to order which is expressed to be so payable or which is expressed to
be payable to a panicular person. and does not contain words prOhibiting
transfer or indicatin~ a!' iptentiQn that it shall not be transferable.
 275

Explanation (ii).-A promissory note. bill of exchange or cheque is

payable to bearer which is expressed to be 50 payable or on which tbe only or
last indorsement is an indorsement in blank.
Explanac;on (iii).-Where a promi550ry note. bill of exchange or cheque.
either originally or by indorsement. is expressed 10 be payable to the order of
a specified person. and not to bim or hi, order. it is nevertheless payable to
bim or his order at his option.
(2) A negotiable instrument may be made payable tQ two or more
payees jointly or it may be made payable in the alternative to one of two, or
one or some of several payees.
14. When a promissory note. bill of exchange or cheque i. transferred to Neoli.tion.
any person. so as to constitute that person the holder tbereof. the instrument
is said to be negotiated.

15. When the maker or holder of a negotiable instrument signs the same. IndoBernmt.
otherwise than as such maker, ror the purpose of negotiatibn. on the back or
face thereor or on a slip of paper annexed thereto. or SO signs for the same
purpose a stamped paper intended to be completed as a negotiable imlrument.
he is said to indorse the same. and is called the" indorser:"
.6. (I) 1f the indorser signs his name only. the indorsement is said to be Ipdon.mmt
.. in blank." and if he adds a direction to pay the amount mentioned in tbe .. in
;artd "1_"
"in
instrument to. or to the order of. a specified person. the indorsement is said full."
to be .. in full." and the person so speci6rd is called tbe .. indorsee" of tbe ".Ddorae.."
instrument.
(Z) The provisions of this Act relating to a payee shall apply with the
necessary modifications to an indorsee.

7. Where an instrument may be construed either as a promissory note A"'bifuoua

or bill ('If exchange. the holder may at his election treat it as either. and the inall"umcnlt.
instrument shall be thenceforward treated accordingly.
18. If the amount undertaken or ordered to be paid is stated differently Where
in figures and in Words. the amount stated in words shall be the amount amount I.
~tated differ_
undertaken or ordered to be paid. ently in
6&urCl and
word
9. A promissory note or bill of exchange. in which no time for Pfyment Insl.... mell..
pl.yableM
is specified. and a cheque. arc payable on delIland. demUlod.

ZO. Where one person signs and delivers to another a paper stamped in
aordance with the law relating to negotiable instruments then in force in
the Union of Burma. and either wholly blanle or having written thereon an
incomplete negotiable instrument. he thereby gives prima facie authority to the
holder thereof to make or complete. as the case may be, upon it a negotiable
instrument. for any amount specified therein and not exceeding the amount
covered by the stamp. The perIOD 10 siping shall be liable upoo .uc:b itlstru.
 276 N~gotiQb'l! Inst,um~nts.

ment. in the capacity in which he signed the same, to any holder in due
course for such amount: Pro\'ided that DO person other than a holder in due
course lhall rcco\'er from the person delinring the instrument anything in
excess of the amount intended by him to be paid thereunder.

.. At ,;~!ll." ZI. In promissory note or bill of exchange tbe expressions

.. On pr.:amt- Mat sight" and" on prea:entment" mean on demand. The expression" after
mC1l1. ..
.. ,dlel' light" means. in a promissory note. after presentment for sight. and. in a bill
,i,ht... of exchange. ~ftet acceptance. or noting for non-acceptance. or protest for
Don-acceptance.
"liIaturit,." U. The maturity of a promissory note or bill of exchange is the date at
which it falb due.
DaYlof E\'ery promissory note or bill of exchange which is not exprCS$Cd to be
V"'cc. payable on demand. at sight or on prqentment is at maturity on the third day
after the day on which it is expressed to be payable.

C;ll:ul~t1nlf %3, [n calculating the date at which a promissory note or bill oC exchange,
maturity of made payable a stated number of months after date or after sight. or after a
bill or note
payable! '0 certain event. is at maturity. the period stated shall be held to terminate on
INllylllC;lfllhl the day of the month which corresponds with the day on which the instrument
afm4atcor . d _. d(or acceptance or s~g
. ht. or notal
_.(or non-acceptance. or
"Cbl. - II atQJ. or presente
protea:ted for non-acceptance. or the event happens. or. where the instrument
i. a bill of exchange made payable a stated number oC months after sight
and has been accepted for honour. with the day. on which it was so accepted.
If the month in which the period would terminate has no corresponding day.
the period &hall be held to terminate on the last day of such month.
JlJ ..,IralNn.
Cal A Dt,ofl"ble lualrumenl, do1t<d 19th JanJ>;l,ry 1940. la m"lk pay"blc at "lie month
alter date, TIle inltrulllcul ia at malurlty on ~ third. day all(.T tl~ 2ath "'..brP:lry 1940,
1601 A. IIClo:otiablc instrument. d'll ..d 30th Au.~t 1?40, I. ma<le p;llyablc titre.: IllOOt1'l1
after cbtc. The inslnml.-nt b at m~tgrity on the Jrd D':~CDlbC'r 1m.
lei A. JW(XQ~y aoIe Ot' bill of uchan:,:e. dated. Jisl AugUlI t9-fO. I, lI\arn" p.l)"lbk
three manUI. alter lbtc. The blltrUIDellt II al malurily OlD thc Jrd Dec.... llbl:r 1940.
C&Icu'atlnf 24. In calculating the date at which a promissory note or bill of exchange
maturity 0 made payable a certain number of day. after date or after sight or after a
bill or DOte
payable .0 certain event is at maturity. the day of the date. or of presentment for accept-
many do1p ance or sight. or of protest for nonacx:eptaoce. or on whicb the event happens.
aCtn cb.te or
,,&b1.~ shall be excluded.
Wbcu cla, Of 1$. When tbe day on lll,hich a promissory note or bill of eXChange is at
maturity i maturity is a public holiday. tbe instrument shall be deemed to be due on the
holiday.
Dext preceding busine" day_
t Explallal;on.-Thc eIprcpion .. public boliday" includes Sundays and
auy other day docJ,nd by the Prcsidcnt of tbe Union. by notification. to be
public boliday.
I Su~illlied by Ad,XXV,IPSl.
 N~go,;able ltUl'lIlMnt6. m
CHAPTER III.
PARnES TO NOTES. BILLS AND CHEQUES.
Z6. Every person capable ot contracting. according to the law to which Capacity to
he is subject. may bind himself and be bound by the making. dr,win prollli.orynub, etc..
acceptance. indorsement. delivery and negotiation of a promissory note. bill of DOt" te.
exch.o.nge or cheque.
A minor may draw. indorse. deliver and negotiate luch instrument to a. Minot.
to bind all parties exc.ept himself.
Nothing berein contained shall be deemed to empower a corpOration to
make. indorse or accept such instruments except in CasCi in wbich. UDder the
law (or the time being in force. they are 10 empowered.

2.7. Every person capable of binding himself or of being bound. as

mentioned in section 26. Olay so bind himself or be bound by a duly authorized
agent acting in his name.
A general authority to transact business and to rCleeive and discharge
debts does not confer upon an agent the power of acceptiog or indorsiol bill.
of exchange so as to bind his principal.
An authority to draw bills of exchange does not of itself import u
authority to indorse.

%8. An agent who signs hi. name to a promissory note. bill of exchanJC
or cheque without indicating thereon that he signs as agent. or that he doc
not intend thereby to incur personal respon.ibility. i. liable personally on the
.."',
L1"billlrol
:,nlnl

instrument. except to chose who induced him to sigo upon the belief that the
principal only would be held liable.

29. A legal representative of a deceased person who .ign. hi. name to a Liability of
promissory note. bill of exchange or cheque is liable personally thereon unless Iqal repre-
sentative
he expressly limits his liability to the extent of the assets received by bim a. Illnlnl.
such.

38. The drawer of a bill of ellchange or cheque is bound. in case of LbbilllJ of

drawer.
dishonour by the drawee or acceplor thereof. to compensate the holder. provided
due notice of dishonour has been given 10. or received by. tbe drawer a.
hereinafter provided.

31. The drawee of a cheque havins sufficient fund. of the drawer in hi. U.1b1lity 01
hands properly applicable to the payment of such cheque mu.t pay the cbeque drawee of
cheq~.
w~en duly required so to do. and. in default of such payment. must compensate
the drawer for any loss or damage caused by such default.

31. In the absence of a contract to the contrary. the maker of, promiuory 1.1 abililyol
note and the aeptor before maturity of a bill of exchange are bound to pay mater 01.-
tbe amount thereof at maturity according to tbe apparent teoor of the DOle ::.u~
 278 Negollable Instruments.

acceptance respectively. and tbe acceptor of a bill of exchange at or after

maturity is bound to pay the amount tbetcof to the bolder on demand.
]n default of such payment as aforesaid. such maker or acceptor is bound
to compensate any party to the note or bill for any loss or damage sustl1ined
by him and caused by such default.

Only drawee
can be
33. No person except the drawee of a bill of exchange. or all or some ot
acceptor several drawees. or a person named therein as a drawee in case of need. or an
..~pt in acceptor for hocour. can bind himself by an acceptance.
~Or lor-

-"""",.
bc.. )Ur.

by lCyeraJ
drawees not
34. Where there are 'scveral drawees of a bill of exchange who are not
partners. each of tbem can accept it for himself. but none of them can accept
....~L it for another without his authority.

UabUilyof 35. In tbe absence of a contract to the contrary. whoever indorses anti
lndoner. delivers a negotiable instrument before maturity, without in such indorsement
expressly excluding lIr making conditional his own liability, is bound thereby
to every subsequent holder. in case of dishonour by the drawee. acceptor or
maker, to compensate such holder for any loss or damage caused to him by
such dishonour. provided duc notice of dishonour has been givcn to. or received
by. such indorser as heleinafter provided
Every indorser after dishonour is liable as upon an instrument payable
on demand.

Liability of )6:. Every prior party to a negotiable instrument is liable thereon to a

prior l>arlic' holder in due course until the instrument is duly satisfied.
In holder in
dIM: W"r5e.

Maker,
37. The maker of a promissory note or cheque. the drawer of a bill of
dr:lwcr exchange until aCCeptance. and the acceptor arc. in the absence of a contract
and acpwr. to the contrary. respectively liable thereon as principal debtors. and the other
prtncipals.
parties thereto arc liable thereon as sureties for the maker. drawer or acceptor.
as the case may be.

P,ior party 38. As between the partie! so liable as sureties. each prior parly is. in
a prlncif'l't the abseoce of a contract to the contrary. also Hable thereon as a principal
In rt"p("d of debtor in respect of each subsequent party.
e:tcb subse-
quent party.
IIINd ,ot itJ".
A draw. a hill p:ly..ble to his .-ntwder on B who accepts. A :llterwards indol~cs the
Q
bill 10 C, C to D. and I) 10 E. As b.~ween E alld 8, B i~ the l'rinclpal d~btor. and A C and
Dare hilsurcltes. A. hctween E and A, .a is the p.ir",:ip.11 debtor, and C .,ul D are hi' s~rct.cs
A. t!elw",cn E and C, C i. the rrin:1pal dC"bloc and D is his 'l,lI'ct)'.

)t. When the bolder of an accepted bill of exchange enters into any
contract with the acceptor which. under section 134 or 135 of the Contract
Act, would discharge the other parties. the holder may expressly resc:rve his
riabt to cbarge tbe olher parties. and in such casc tbey arc not discbara:ed.
 Negotiable 1llslrumenls~ 279

40. When the bolder of a negotiable instrument. without the COnsent of Di.charjl:e Of
the indorser. destroys or impairs the indorser's remedy against a prior party. indorser',
li~bility.
the indorser is discharged from liability to the holder to the same extent a8 if
the instrument had been paid at maturity.
lllustf./ion.
Ii IR the holJer of a bill uf exch;mge made p"yablc to the order of B, which cc:alaiDJ the
following indorsem;:nts In blank;-
First iildorscment, '. Bo'
Second indorsement, .. Peter Williams."
Third indonement. " WriJ::ht " Co."
!,'ou~th indor5emenf, .. John Hourio."
This bill A puts in suil against John Hmario and ,trikes out, without Jolin Rmarlo',
con~ent. the indor.ements by Peter Willialn, and WriJ::ht &: Co. A is not entitled to rCQO\-e:r
an)'thillg from John Um:arlo.
41. An acceptor of a bill of exchange aJready indorsed is Dot relieved Acceptor
from liability by re~son that such indorsement is forged. if he knew or had bound al-
though 111;-
reason to believe the indorsemeAt to be forged when be accepted tbe bill. dorltlDent
(oreed,
4%. An acceptor of a bill of exhange drawn in a fictitious name and Acceptance
Of bill drawn
payable to the drawer's order is not. by reason that such name is fictitious. in lictiUou.
relieved from liability to any holder in due course claiming 'under an indorse- name.
ment by the same band as tbe drawer's signature. and I1W'porting to be made
by the drawer.

43. A negotiable instrument made. drawn, accepled. indorsed or trans- Negotiable

ferred without consideration. Q,I' for a consideration which fails. creates no Instrument
malic. etc.
obligation of payment between the parties to the transaction. But if any such without con-
party has transferred the instrument. with or Without indorsement. to a holder .ideration.
for consideration. such holder. and every subsequent holder deriving title from
hinl. may recover the amount due on such instrument from the Iransferor for
consideration or any prior party thereto.
Exception I.-No party for whose accommodation a negotiable instru_
ment has been made. drawn. accC'.pted or indorsed can. if he have paid the
amount thereof. recover thereon such amount (rom any person wbo became a
party to such instrument for his accommodation.
Exception I/._No party to the instrument who has induced any other
party to make. draw. accept. indorse or transfer the same to him (or a consi-
deration ~hich he bas (ailed to payor perform in full shall recover theregn an
amount exceeding the value of the consideratioJlt(if any) which he has actually
paid or performed.

44. When the ...onsideration for which a person signed a promissory note. Partial
bill of excbange or cheque consisted of money. and was originally absent in absence or
bilurc:of
part or has subsequently railed in part. the sum which a holder standing in money-COD'
immediate relation with sucb signer is entitled to receive from him is propor- ,ideration,
tionally reduced.
 280 Negotiable Instrument$.

Explanation.- The drawer of a bill of exchange stands in immediate

relation with the acceptor. The maker of a promissory note. bill of exchange
or cheque stands in immediate relation with the payee. and the indorser with
his indorsee. Other signers may by agreement stand in immediate relation
witb a holder.
Illudr/llion.
.c.
A <lira.., Abill on 8 for RI. 500 ('Qyablc 10 the l,lrde: of B accept. tht' bill, bat .ubw.
q1:lcnll)' dl.honour. it by noopayment. A SUet H on the bill. U proves Ihat II W:'IS acceroled for
nluc as to RI, 400. and as an accommodation to Ihe pbinllll as to the rniduc. A eln ooly
rt(:OYcr R,. 400.

....,1aJ 45. Where a part ,of the consideration for which person signed a
Ialh.re of promiaory note. bill of exchange or cheque. though not consisting of money.
COI!.idtta- is ascertainable in money without collateral enquiry. and there has been a
1100 not
cOI\.i.tinC 01 failure of that part. the sum which a holder standing in immediate relation
mOROJ. with such signer is entitled to receive from him is proportionally reduced.

Holder's
4SA. Where a bill of exchange has been lost before it is over-due. the
rilhl 10 dup- person who was tfte holder of it may apply to the drawer to give him another
IlCllte of lo~ bill ot the same tenor. giving sC(urity to the drawer. if required. to indemnify
bill.
him against all persons whatever in case the bill alleged to have been lost
shall be found agdin.
If the drawer on request as aforesaid refuses to give such duplicate bi II.
he may be compelled to do $0.

CHAPTER IV.
Op NEGOnATION.
DelinfJ. 46. The maida,. acceptance or indorsement of a promissory note. bill of
exchange or cheque is completed by delivery. actual or constructive.
AI between parties standin, in immediate relation. delivery to be
effectual must be made by the party making. accepting or indorsing the instru-
Dlent or by a person authorized by him in that behalf.
As between such parties and any holder of the instrument other than a
bolder in due course. it may be shown that the instrument was delivered
conditionally or for a lpoc:ial purpose only. and not for the purpose of
transferring absolutely the property therein.
A promissory note. bill of exchange or cheque payable 10 bearer i.
DClotiable by the delivery thereof.
A promissory note. bill of exchange or cheque payable to order is
neecHable by the bolder by indorsement aDd delivery thereot.
47. Subject to the provisions of section 58. a promissory note. bill of
exchange or cheque payable 10 bearer is negotiable by delivery thereof.
xc:~pljon.-A promissory note. bill of exchange or cheque delivered On
conditioQ tbat it i. nOI to take effect except in a certain evenl is not negotiable
 Negotiable Il11truments, 281

(except in the hands of a holder for value without notice of the condition)
unless such event bappens.
Wustrati6f1'.
A. the holder of a negotiable il1ltrument payable to bearer, dellven It to B', ac;ent to
(a)
keep for B. 1"he ins(ru;rent II:., been negotiated.
(M A. the holderof a negotiable instrument payable to bearer, which it In the handl of
A'. banker, WIIO is at Ihe time the b;,nker of 11. direds the banker 10 trander Ibe instn.ment to
II's credit in the bal,ker's account with B. The banker docs so. and accordingl), now pOlseue'
Ihe Instrument as B', agen!. The instrument has been ncgotiatej, and B ltas become the holder
of it.
48 Subject to the provisions of section 58. a promissory note. bill of ex- Negotiation
by indorse-
change or cheque payable to order is negotiable by. the bolder by indorsement ment.
and delivery thereof.

49. The holder of a negotiable instrument indorsed in blank may. without Conversion
signing his own name. by writing above the indorser's signature a direction to 01 indoree-
Inent in
pay to any other person as indorsee. convert the indorsement in blank into an blank into
indorsement in full; and the holder does not thereby incur the responsibility indorselnent
In full.
of an indorser.

SO. The indorsement of a ne!otiable instrument followed by delivery Effeel of

indorumellt.
transfers to the indorsee the property therein with the right of further negotia-
tion; but the indorsement may. by express words. restrict or exclude such
right. or may merely constitute the indorsee an agent to indorse the instru-
ment or to receive Hs contents for tbe indorser. or for some otber specified
person_
Ilhu/rati,a.
B sign, the following indorsemenls 00 different negoliable in,tn,ment, payablt: to
bearer :-
fa) .. Pay the conlent! (0,) Conly."
(b! .. Pay C for my lise."
lei " Pay C or order for the account of 8."
(,II .. The within must be credited to Co"
These illd"nements uelude the right of further necotlati<m by C.
(tl .. Pay C."
f/J " Pay C value in account with the Oriental Hank."
MJ" Pay the conknts 10 C. bein~ ptn of the consideration In a cerla!n deed of
assignmeal exe::uted by C to tht: illdorler and others."
These indorsement. do lIot exelude the right of further negQlilllion by C.
51. Every sole maker. drawer. payee or indorsee. or all of several joint Who ma),
makers. drawers. payees or indorsees, of a negotiable instrument may. if the nelotiate.
negotiability of such instrument has not been restricted or eXCluded al
mentioned in section 50. indorse and negotiate tbe same.
Explanation.-Notbing in this section enables a maker or drawer to
indorse or negotiate an instrument. unless he is in lawful possession or i.
holder thereof. or enables a payee or indorsee to indorse or negotiate an
instrument unless he is holder thereof.
lIJ"slratio,..
A hill is drawn payable to A or order. A indorses it to B, the indoreement not contahJing
the words" or ~der" or an)' equiValent words. B mllY netollate the instrument.
 282 Negotiable Instruments.

Indorser 5%. The indorser of a negotiable instrument may. by express words in

who the indorsement. exclude his own liability thereon. or make such liability or
ex..1udes his
c>wn Iiabllitv the right of the indorsee to receive the amount due thereon depend upon the
Qr makes it happening of a specified event. although such event may never happen.
..ondilion:d.
Where an indorser so excludes his liability and afterwards becomes the
holder of the instrument. all intermediate indorsers are liable to him.
IlItllt ",t Um',
(n) The lndors~'"
of a negotiAble Inlirument signs bis name, :addin~ the words-
.. Without recourse."
Upon this indorsement he ino...rs no liability.
lb) A i. the payee and holder of a ne~,)liable inMrument. Excluding personal liabiJity
by an indonem(nt, without recour.e." be transfersllle instrumcnt to 8, and n indorsc. it 10 C,
who iudOlSt' il to A. If i. llo,t oolv rdnsbted in llis former rights, but has the righls of lUI
illdorsee IVinsl Band C. .
Holder 53. A holder of a negotiable instrument who derives title from a holder
derh'jng IiUe in due:: course has the rights thereon of that holder in due course.
fr01ll holder
In due
course.
Instrument 54. Subjtct to the provistons hereinafter contained as to crossed cheques.
indorsed In a negotiable instrument indorsed in blank is payable to the bearer thereof
blank.
even although originallr payable to order.

Conversion 55. If a negotiable instrument. arler having been indorsed in blank. is

of inrlone- indorsed in full. the amount of it cannot be claimed from the indorser in fun
menl in
blank Illto except by the person to whom it has been indorsed in full. or by one who
Indorsement derives title through such person.
In full.

Indorsement 56. No writing on a negotiable instrument is valid for the purpose of

for I'art of negotiation if such writing purports to transfer only a part of the amount
'Ulll due.
appearing to be due on the instrument. but. where such amount has been partly
paid, a note to that effect may be indorsed on the instrument. which may then
be negotiated for the balance.
Legal repre- 57. The legal representative of a deceased person cannot negotiate by
sentallve
cannot by delivery only a promissory note. bill of ellchange or cheque payable to order
delivery only and indorsed by the deceased but not delivered.
negollate
inslrument
illdon.:d by
dccensed.
Instrument 58. When a negotiable instrument has been lost or has been obtained
obtained by from any maker. acceptor or holder thereof by means of an offence or fraud:or
uillawful
me;ln~ or for for an unlawlul consideration. no possessor or indorsee who claims through
unlawful the person who found or so obtained the instrument is entitled to receive the
considera-
tion. amount due thereon from such maker. acceptor. or holder. or from any party
prior to such holder. unless such possessor or indorsee is. or some perSOn
through whom he claims was. a holder thereof in due course.
 Negotiable IfUt,,,menU. 283

5'. The bolder of a negotiable instrument. who bu acquired it after di.. InltnuneJd
a.cquircd
bonour. whether by noo-acceptance or non-payment. with notice thereof. or after di..
after maturity. has only. as alainst the other partie tbe rigbll thereon of hi. honour or
when (,lver.
transferor: due.
Provided tbat any person who. in good faith and for consideration. Accommoda.
tion nole or
becomes the holder. after maturity. of a promissory note or bill of exchange bill.
made. drawn or accepted without consideration. for the purpose or enabling
lOme party thereto to raise money thereon. may recover the amount of the
Dote or bill from any prior part.
In.Uri"i.
TIle aa:eptor 01 a bill of ellcbante, when he accepted It. deposited with Ihe dl;lwer
~rta:n good';d.:l collateral ttcl1rll)' for l.hc p.:lyment of Ule bill. wilh POWC1" 10 the drawer 10 leU
the toods and arply Ihe proceeds in dilcharCe of the bill if it were out raid at m:loturil,. The
bill aot h:J\"ing been pallt at Ill.,turitr. Ihe drawer 1,ld the 1:00;1. and retained Ihe rroceed' but
iadorsed the bill to A. A's title is subject 10 Ihc ,alne objcction aillic drawer'. titlc.
60. A negotiable instrument may be negotiated (except by the maker. Inllrument
negotiable
drawee or acceptor after maturity) until payment or satisfaction thereof by lill paymcnt
the maker. drawee Or acceptor at or after maturity. but not after such pay- or uli,lac:.
ment or satisfaction. tiOJl.

CHAPTER V.
0. PRESENTMENT.
61. A bill of exchange payable after sight must. if no time or place is PrucnlmCllt
specified therein for presentment. be presented to the drawee thereof for for accrpt
acceptance. it he can. after reasonable search. be found. by a person entitled
to demand acceptance within" a reasonable time after it is drawn. and in
-.
business hours on a business day. [n default or such presentment. no party
thereto is liable thereoQ to the person making such default.
If the drawee cannot. after reasonable sear<:h. be found. the bill il
dishonoured.
If the bill is directed to the drawee at a particular place. it must be
presented at that place; and. if at the due date for presentment he cannot.
after reasonable search. be found there. the bill is dishonoured.
Where authorized by agreement or usage. a presentment through the post
office by means or a registered letter is sufficient.

n. A promissory note. payable at a cerlain period after sighl. mUlt be Preacnhncat

of promi.
presenled to the maker thereof for sight (if he can. after reasonable seareh. be lOry DOle loe
found) by a perSOD entitled 10 demand pa)'lnent. within a reasonable lime siRht.
aftc. it is made and in business hours on a business day. In default of .uch
presentment. DO party thereto ia Ihable thereon to the person makina such
default.
63. Thc holder musi. if so required by the drawee of a bill of exchange Drawec',
presented to him for acceptance. allow the drawee fortyeisht bours (exclusive tiDle for
deliberation.
of public holidays) to COnsider whether he will accept it.
 284 Negotiable Instruments.
Prelcntment 64. Promissory notes. bills of exchange and cheques must be presented
lor (lll)ment.
for payment to the maker. acceptor or drawee thereof. respectively. by or 00
behalf of the holder as hereinafter provided. In default of such presentment.
the other parties thereto are not liable thereon to such holder.
Where authorized by agreement or usage. a presentment through the post
office by means of a registered letter is sufficient.
Exceplion.-Where a promissory note is payable on demilnd and is not
payable at a specified place. no presentment is necessary in order to charge the
maker thereof.

HOlln lor 65. PreSentment for payment must be made during the usual hours of
prncntmenl. business. and, if at a banker's. within banking hours.

Pr<:sellhllenl 66. A promissory note or bill of exchange made payable at a specified

{or payment period after date or sight thereof must be presented for payment at maturity.
o{inltrumen !
p..,yable aner
dille or light.
Prelenlmen! 67. A promissory note payable by instalments must be prtsented for
for V-l) nlent payment on the third day after the date fixed for payment of each instalment;
of flromil~ory
note p.,yahlc and non-payment 'on such presentment has the same effect as non-payment of
by Inllal. a note at maturity.
menll.
Present ment 68. A promissory note, bill of exchange or cheque made. drawn Or
lor payment
of ilistrulIltlll accepted payable at a specified place and not elsewhere Dlust, in order to
~yable at charge any party thereto, be presented for payment at that place.
spedl;e,1
place and not
ellcwhere.

Inslrument 69. A promissory note or bill or exchange made. drawn or accepted

p.wable at payable at n specified place must, in order to charge the maker or drawer
l('ICeifitd
place. thereor. be presented tor payment at that place.

Prc!lt!l1tment 78. A promissory note or bill of exchange not made payable as mentioned
where 110 n in sections 68 and 69 must be presented for payment at the place of business
el"liI'c [liace
lpecified. (if any). or at the usual residence. of the maker. drawee or acceptor thereat. as
the case may be.

Prnelltmtnt 71. If the moker. drawee or acceptor of a negotiable instrument has no

whm IllOlker, known place of business or fix.ed residence. and no place is specified in the
ek.,ll:I~ no
known flillec inslrument for presentment for acceptance or payment. such presentment may
of blUoinds be made to him in person wherever he can be found. '
or rwd,ncc.

PrellCnt'l\('nt 71. Subject to the pro...isions of section 84. a cheque must. in order to
uf <'!leqlle charge the drawer. be presented at the bank upon which it is drawn before the
to c:har~e
dra.....er relation between the drawer and bis banker has been allered to the prejudice
or the drawer.
 Negotiable Instruments. 285
73. A cheque must. in order to charge any person except the drawer. be i'rcsenhnent
01 t'h~'que teo
presented within a reasonable time after delivery tbereof by such person. charge any
oUler per.on.

74. Subject to the provisions of section 31. a negotiable instrument Pn.elltll1ent

payable on demand must be presented for payment within a reasonable time of iullfumcnt
pay.Lble ca
after it is rc<:eived by the bolder. dcmand.

75. Presentment for acceptance or payment may be made tOlbe duly autbo-- PreKlltmCllt
by Of' to
rized agent of the drawee. maker. or acceptor. as the case may be, or. where agl'nl. rcprc.
tho drawee. maker or acceptor has died. to his legal "representative. or, where 5el1lative 01
dccea,;.ed OC'
he hal been declared an insolvent. to his auiance. alili~nec: uf
imolvcDt.

7SA. Delay in presentment for acceptance or payment is eAcuscd if the Excule fOf
delay is caused by circumstances beyond the control of tbe holder. and not delay in
prucnlm t1lt
imputable to his default. misconduct or negligence. When. the cause of delay for accept
:;Ul(:e or pay-
ceases to operate, presentment must be made within a reasonable time. mellt.

76. No presentment for payment is necessary. and the.. instrument il dil- Whn pre--
lelllmcllt
honoured at the due date for presentment. in any of the. following cases : - Ilnntcel>aafY.
(a) if the maker. drawee or acceptor intentionally prevenls the
presentment of the instru.:lent. or.
if the instrument being payable at his place of business. he closes
such place on a. busine$S day during the usual business houes. or.
if the instrument being payable al some other specified place.
neither he nor any person authoriled fo pay it aUends at such
place during the usual business hours, or.
if the instrument not being payable at any specified place. he cannot
after due search be found;
(b) as against any party sought to be charged therewith. if he has
engaged to pay notwithstanding non-presentment;
(c) as against :lny party if. after m:l'urity, with knowledge that the
instrument has not been presented-
he makes a part payment OD account of tbe amount due on the
instrument. or promises to pay tbe amount due thereon in
Whole or in part.
or otherwise waives his right to take advantage of any default in
presentment for payment;
(d) as against tbe drawer. if the drawer could not suffer damage from
the want of such presentment.

77. When a bill of exchange accepted payable at a specified bank bas been Uabilityof
banker for
duly presented there for payment and dishOnoured. if the banker so negligently Decli;:ently
or improperly keeps. deals with or delivers back sucb bill as to caule lop to dealultt with
billl>ruc:Dtcd
the bolder. be must compensate the holder for such lou. lor paylDlAt.
 286 Negotiable [nstrumen/s.

CHAPTER VI.
OF PAYMENT AND INTEREST.

To whom ,.. Subject to the provisions of section 82. clau'Je (c). payment of the
potymcnl amount due on a promissory note. bill of exchange or cheque must. in order 10
Ihould be
made. discharge the maker or acceptor. be made to the holder of the instrument.
Interesl 79. When interest at a specified rate is expressly made payable on a
when rate
Ipedfied. promissory n(Ste or bill of exchange. interest shall be calculated at the rate
specilied. on the amount of the principal money due thereon. from the date of
the instrument. until ten'der or realization of such amount. or until such date
afler the institution of a suit to recover such amount as Ihe Court directs.

Inlerell N. When no rate of interest is specilied in the instrument. interest on the

whe!! no rale amount due thereon shall. notwithstanding any agreement relating to interest
speci~d.
between any parties to the instrumenl. be calculated at the rate of six per
centum per annUnt from the date at which the same ought to have been paid
by the party charged unlil tender or realization of the amount due thereon. or
until such date after the institution of a suit to rec:o,,'er such amount as the
Court dirctts.
Explanation.-When the party charged is the indorser ot an instrument
dishonoured by non-payment. he is liable to pay interest only from the time
that be receives notice of the dishonour.

Delivery of It. Any person liable to pay. and called upon by the holder thereof to pay
lnltrllmenl the amount due on a promissory note. bill of exchange or cheque is before
on pal'menl.
nr indemnily payment entitled to have it shown. and is on palment entitled to ha"'e it
In case of delivered up. to him. or. if the instrument is lost or cannot be produced. 10 be
I"". indemnified against any further claim thereon against him.

CHAPTER VII.
OF OISCIlARGE FROM LIABILITY ON NOTES. BILLS AND CHEQUES.

DilChllrge IZ. The maker. acceptor or indorser respectively of a ncaotiable inslrument

from lI:\bI is discbarged (rom liability thereon-
lity-
(0) to a holder thereof who cancels sucb acceptor's or indorser's name
by cancelli.
tlon I with intent to ditcharge him. and to all parties claiming under
luch holder:
by rele:\le : (b) to a holder thereof who otherwise discharges such maker. acceptor
or indorser. and to all parties deriving title under such holder
after notice of such discharge;
by payment. (c) to all parties therelo. if the inslrument is payable to bearer. or has
been indorsed in blank. and such maker. acceptor or indorser
make. pa)"ment in due course o( the amount due thereon.
 Negotiable Instruments. 287
83. If the holder of a bill of exchange allow. the drawee more than forty. J>isch:u&e by
eight hours. exclusive of public holiday to consider whether he will accept the llllowlnil
drawee more
same. all previous parties not consenting to such allowance arc thereby discharged limn fori)'
from liability to such holder. eighl hour
to accc(lt.

84. (I) Where a cheque is not presented for payment within a reasonable WhellcbeqlJC
Dot dul)'
time of it. issue. and the drawer or person on whose account it i. drawn bad preaeDlcd
the right. at the time when presentment ought to have been made. as between and drawer
himself and the banker. to have the cheque paid and suffen actual damage dam3ged
tberchy.
through the delay. he is discharged to the extent of such damage. that is to
say. to the extent to which such drawer or person ii a creditor of the banker to
a larger amount than he would have been if sucb cheque had been paid.
(2) In determining what is a reasonable time. regard shall be had to the
nature of the instrument. the usage of trade and of bankers. and the faclS of the
particular case.
(3) The holder of the cheque as to which such drawer or person is 10
discharged shall be a creditor. in lieu of such dra.....er or penon. of such banker
to the extent of such discharge and entitled to recover the amount from him.

lttl.sI,~UD"'.
ltI) A dr~wI a ehcqu~ flOC" RI. 1.001. I.lId. when the cheque ought to be pr<!aellled, hu
,unds 1.1 the bank to meet it. The bank falls lH:rore the cheque is pre.enled. The drawer Is
dischar~e". but the hoMer can proye againlt the bank (or the amonnl o( the eheque.
(bJ A draws. cheque at Mandala)' OJI a bank In R;ln~oon. The bank falls before the
cheqne could be l"'etente.1 in l)fdillar)' course. A is lint dischuged, IOf he has not suffered
actual d lmallre IItrouatb all)' del..,. in pruenlln& tbe cheque.

85. (I) Where a cheque payable to order purports to be endorsed by or on C1Ieque ray
behalf of the payee. the drawee is discharged by payment in due course. .hIe toos-der
or bearer'.
(2) Where a cheque is originaUy expressed to be payable to bearer. the
drawee is discharged by payment in due course to the bearer thereof.
notwithstanding any endorsement whether in full or in blank appearing thereon,
and notwithstanding that any such endorsement purports to restrict or exclude
further negotiation.

85A. Wbere any draft. tbat is. an order to pay money. drawn by one otftce Dralts drawn
of a bank upon another office of the same bank for a sum of money payable to b)' one
branch 01.
order On demand. purports to be endorsed by or on behalf of the payee. the "'k~
bank ia discharged by payment in due COur1C. . another' pity.
able to order.

N. If tbe holder of a bill of exchange acquiC$CCS in a qualified acceptance. POlI"tica not

or one limited to part of the sum mentioned in the bill. or which substilulea a cOIl.Cfttin.:
disc:h.. r"ed
different place or time for payment. Or which. where the drawees arc not b)'qualifiocd
Or lilllltctJ
partners. is not signed by all the drawees. all previous partica whose consent is acceptance.
not obtained to such acceptance arc discharged as against the holder and Ihose
claiming under him. unless on notice given by the holder they assent 10 such
acceptance.
 288 Negotiable Instrumenll.

Explanation.-An acceptance is qualified-

(a) where it is condilional. declaring the payment to be dependent aD
the happening of an event therein stated ;
(b) where it undertakes tbe payment of part only of the sum ordered to
be paid;
(c) where. no place of payment being specified On the order. it
undertakes the payment at a specified place. and not otherwise or
elsewhere; or where. a place of payment being specified in the
order. it undertake. the payment at some other place and not
otherwise or~ elsewhere :
(d) where it undertakes the payment at a time other tban that at which
under the order it would be Jegal1y due.

Effect of 87. Any material alteration of a negotiable instrument renders the same
materl;11 void as against anyone who is a party thereto at the time of making sucb
a!tuation.
alteration and does,not consent thereto. unless it was made in order to carry
out tbe common intention of the original parties:

AlteraUoD by and any such alteration. if made by an indorsee. discharges his indoraer
indortce. from all liability to' him in respect of the consideration thereof.

The provision. of this section are subject to tbose or sections 20. 49.
86 and t2~ ..
Aceeptor or 88. An acceptor or indorser of a negotiable instrument is bound by his
IndorsCC'
bound 1I0t. acceptance or indorsement notwithstanding any previous alteration of the
withlltandioc instrument.
pre\i<..,s
alteration.

P"ymellt of .,. Where a promissory Dote. bin of excbange or cheque bas been mate-
in'hlllllent
011 wbieh rially altered but docs not appear to have been so altered.
alter.ation is
not ""parent. or where a cheque is presented for payment which does not at tbe time
of presentaUon appear to be crossed or to have bad a crossing which has
been obliterated.
payment thereof by a persOn or banker liable to pay. and paying the
same according to the apparent tenor thereof at the time of payment and
otherwise in due course. shall discharge .uch person or banker frOm aU
liability thereon: and such payment shall not be quostioned by reason of the
instrument having been altered or the cheque crossed.

Exti"111Ub- H. If a bill of exchange which has been negotiated is. at or after

Inenlof
rlghl. Of maturity. held by tbe acceptor in his own rigbt. all rights of action tbereon arc
action on extinauished.
bill il\
act;Cl"tor',
band
 Neglliiable InslfumentJ. 289
CHAPTER VII/.
OF NOTICB OF DlsHONOua.
91. A bill of uchange is said to be dishonoured by non-acceptance when DI.hono.r
by non-
the drawee, or one of several drawees not being partners, makes default in acceptance.
acceptance upon being duly required to accept the bill, or where presentment
is excused and the bill is not accepted.
Where the drawee is incompetent to contract. or the acceptance is qualified.
the bill may be treated as dishonoured.

91. A promissory note. bill of exchange or cheque is said to be dishonoured Di.hoaourb,

non-pa,..
by non-payment when the maker of the note, acceptor of the bill or drawee of .ml.
the cheque makes default in payment upon being duly required to pay tbc
same.

93. When a promissory note. bill of exchange or cheque is dishonoured By t.lld to

wttoln notice
by nonacceptance or non-payment, the holder thereof, or some party thereto Mould be
who remains liable thereon, must give notice that the instfiUment has been so given.
dishonoured to all other parties whom the holder seeks to make severally
liable thereon. and to some one of several parties whom he seeks to lDake
jointly liable thereon.
Nothing in this section renders it necessary to give. notice to the maker of
the llisbonoured promissory note or the drawee or acceptor of the dishonoured
bill of exchange or cheque.

94. Notice of dishonour. may be given to a duly authorized agent of the ),lode in
whkh notic.
person to .....hom it is reqUired to be given, or, where he has died. to his legal maybe
representative. or. where he has been declared an insolvent. to his assignee: ah-ea.
may be oral or written; may. it wriUen. be sent by post; and may be in any
form; but it must inform thr- party to whom it is given. either in express
terms or by reasonable intendment. that the instrument has been dishonoured.
and in what way. anll that he will be held liable thereon; and il must be
given within a reasonable time after dishonour. at the place of business or
(in case such party has no place of business) at the residence of the party tor
whom it is intended.
If the notice is duly directed and sent by post and mjscarries. such
miscarriage does not render the notice invalid.

95. An)' party receiving notice of dishonour must. in order to re~er any Party rec.eiv.
prior party liable to himself, give notice of <1ishonour to such party within a 1~1 mu.t
iran.mit
reasonable time. unless such party otherwise receives due: notice 81 provided ~otlu 01 ,
dl.bonOlU.
by section 93.

N. When tbe instrument is deposited witb an lagent for presentment. tbe

agent is entitled to the same time 10 give notice 10 his principal as if be
were tbe holder giving notice of dishonour. and the prn-cipal is enlilled to
a furlber like period to give notice of disbonour.

19
 290 Negotiable Instruments_

When party 97. When the party to whom notice of dishonour is despatched is dead.
to wh<Oln but the party despatching the notite is ignorant of his death. the notice is
notice Ilhcn
I. d._d.. sufficient.
When notice 98. No notice of dishonour is necessary-
of dnhono.tr
It unnc:en- (a) when it is dispensed with by the party entitled thereto;
.al'}. (b) in order to charge the drawer when he has countcrmanded payment:
(d when the party charged could not suffer damage for want of notice;
(d) wh,en the party entitled to notice cannot ufter due search be found i
or the party bound to give notice is. for any other reason. unable
without any -fault of his own to give it ;
(e) to charge the drawers when the acceptor is also a drawer;
(I) in the case of a promissory note which is not negotiable;
(g) when the party entitled to notice. knowing thc facts. promises
unconditionally to pay the amount due on the instrument.

CHAPTER IX.
OF NOTING AND PROTEST.
Noling. ". When a promissory note or bill of exchange has been dishonoured b)'
non-acceptance or' non-payment. the holder may cause such dishonour to be
.noted by a notary public upon the instrument. or upon a paper attached thereto.
or partly upon each.
Such nole must be made within a reasonable time after dishonour. and
must specify the date of dishonour. the reason. if any. assigned for such
dishonour. or. if the instrument has not been expressly dishonoured. the
reason why the holder treats it as dishonoured. and the notary's charges.
PrOtnt. 100. When a promissory note or bill of exchange has been dishonoured by
non-acceptance or nonpayment. the holder may. within a reasonable time.
cause such dishonour to be noted and certified by a notary public:. Such
certificate is caUed a protest.
Protest for When the acceptor of a bill of exchange has become insolvent. or his
belter lelOU' credit has been publicly impeached. before the maturity of the bill. the holder
rily.
may. within a reasonable time. cause a notary public to demand better security
of the acceptor. and on its being refused may. within a reasonable time. cause
such facts to be noted and certified as aforesaid. Such certificate is called a
protest for better security.

101. A protest under section 100 must contain-

(a) either the instrument itself. or a literal transcript of the instrument
and of everything "-Hritten or printed thereupon;
(b) the name of the person for whom and against whom the instrument
has been protested;
(c) a statement that payment or acceptance. or better security. as the
case may be. has been demanded of such person by the notary
 Negotiable /nst",ments. 291

public: the terms of his answer. if any. or a statcmcnt tbat be

gavc no anSwer or that hc could not be found;
(d) when the note or bill has been dishonoured. the place and timc of
dishonour. and. when bettcr security bas been refused. the place
and timc of refusal;
(e) the subscription of the notary public making the protest;
(f) in the event or an acceptance for honour or of a payment for
honour. the name of the person by whom. of the person for whom.
and the manner in which. such acceptance or paY&Deot was offered
and effected.
A notary public may make the demand mehtioned in clause (d of this
section either in person or by his clerk or. where authorized by aareement or
usage. by registered letter.
102. When 11 promissory note or bill of exchange is required by law to be Notice 01
protested. notice of such protest nlust be given instead of notice of dishonour. prol9t.
in the same manner and subject to the same condillns; but the Dotice
may be aiven by the notary public who makes the protest.

t03. All bills of exchange drawn payable at some-other place tban tbe Protctt , .
place mentioned as the residence of the drawee. and which are dishonoured by non-pay-
mf:at after
non-acceptance. may. without further presentment to the drawee. be protClled dlahoaour by
non.ccer t .
for non-payment in the place specified for payment. unless paid before or at ance.
maturity.

104. Foreign bills of exchange must be protested for dishonour when Proteat aI
fwd." bill
such protest is required by the law of the place where they are drawn.
I04A. For the purposes of this Act. where a bill or note is required to be When DOlin.
protested within a specified time or before some further proceedina is taken. it equh'alad
protnl:.
to

is sufficient that the bill has been noted for protest before the expiration of
the specified time or the taking of the proceeding; and the formal protest
may be extended at any time thereafter as of the date of the notina.

CHAPTER X.
OF REASONABLE TIME.
105. In dcterminins what is a reasonable time for presentment for acceptance
or payment. for giving notice of dishonour and for notina. reaard ..hall be
"'.........
t1.e.

had to tbe nature of the instrument and tile usual course of dealiDa with
rewcct to similar instruments; and. in calculating such time. public bolid,)'I
shall be excluded.

IN. If the bolder and the party to whom notice of dishooour is Jiven R~.IO"h"
carry 00 business or live (1$ tbe case may be) in different places. sucb DoUce u~e OfDOti
is liven within a reasonable time if. it is despatched by tbe next poll or OD the ~ cH1c.O:
day next after the day of dishonour.
 292 Ntgotioble Instruments.

If the said parties carryon business or live in the same place. such notice
is liven within a reasonable time if it is despatched in time to reach its destina
tion on the day next after the day of dishonour.
Renoruble 107. A party receiving notice of dishonour. who seeh to enforce his right
time for against a prior party. transmits the notice within a reasonable time if he
tr"nsmUlIn,
such notice. transmits it within the same time after its receipt as he would have had to give
notice if he had been the holder.

CHAPTER XI.
OF ACCEPTA.NCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF
NEED.

Acceplal:ce 108. When a bill of exchange has been noted or protested for non-accep
for- hcnour. tance or for better security. any person not being a party already liable there
on may. with the consent of the holder. by writing on the bill. accept the
same for the honoth of any party thereto.

How aCl;ept 109. A person desiring to accept for honour must. by writing on the bill
anee for under his hand. declare that he accepts under protest the protested bill for the
honour must
be n~\le. honour of the drawer @rof a particular indorser whom he names. or generally
for honour.

Acceptance 110. Where the acceptance does not express for whose honour it is made.
\lot sp~ci f}'
in~ lor
it shall be deemed to be made for the honour o the drawer.
. whose
hO)hour it i,
made.
Liability of 111. An acceptor for honour binds himself to all parties subsequent to the
ilcuptor lor party for whose honour he accepts to pay the amount o( the bill if the drawee
honour.
do not; and such party and all prior parties are liable in their respective
l::apacities to compensate the acceptor for hOnour for all loss or damage
sustained by him in consequence of such acceptance.
But an acceptor for honour is not liable to the holder at the bill unless it
is presented. or (in case the address given by such acceptor on the bill is a
place other than the place where the bill is made payable) forwarded for
presentment. not later than .he day nex.t after the day of its maturity.

When accep 111. An acceptor for honour cannot be charged unless the bill has at its
tor fOT maturity been presented to the (trawee for pa)'ment. and has been dishonoured
bonourmay
be chaTged. by him. and noted or protested (or such dishonour.

Pa}mellt for J 13. When a bill of exchange has been noted or protested for non.
1I0II0llr. payment. any person may pay the same for the honour of any party liable to
pay the same. prOvided that the person so paying or his agent in that behalf
has previously declared before a notary public the party (or whose honour he
pays. and that such declaration has been recorded by sucb Qotary public.
 Negotiable Instrumenu. 293
114. Any person so paying is entitled to all the rights in respect of the Riahts of
bill of the holder at the lime of such payment. and may recover from the honour.parer for
party for whose honour he pays all sums so paid. with interest thereon and
with all expenses properly incurred in making such payment.
U5. Where a drawee in case of need is named in a bill of excbange. Drawee in
ea~ of need.
or in any indorsement thereon. tbe bill is not dishonoured unlil it bas been
dishonoured by such drawee.
116. A drawee in case of need may accept and pay thc.bill of exchanse Aecertlnce
and l'Ilyment
without previous protest. without
l'I'olest.
CHAPTER XII.
OF COMPE~SATION.

117. The compensation payable in case of dishonour of a promissory Ruld IS to

co:n[lehQo
note. bill of exchange or cheque. by any party liable to the holder or any tion.
indorsee. shall be determined by the following rules ;-
(a) the holder is entitled to the amount due upon the instrument.
together with the expenses properly incurred in presentins.
noting and protesting it ;
(b) when the person charged resides ut a place different from thai at
which the instrument was payable. the holder is entitled to
receive such Sum at the current rate of exchange between the
two places;
(e) an indorser who. being liable. has paid the amount due on the
same is entitl<:d to the amount so paid with interest at six per
centum per annum from Ihe date of payment until tender or
reali"Lation thereof. together with all expenses caused by the
dishonour and payment;
(d) when the person charged and such indorser reside at different
places. the indorser is enlitled to receive such sum at the
current rale of exchange between the two places;
(e) the parly entitled to compensation may draw a bill upon the party
liable to compensate him. payable at sight or on demand. for
the amount due to him. logether with all expenses properly
inCUrred by him. Such bill must be accompanied by the
instrument dishonoured and the protest thereof (jf any). If such
bill is dishonoured. the party dishonouring Ihe same is liable to
make compensation thereof in the same manner as in the case
of the original bill.
CHAPTER XIII.
SPECIAL RULES OF EVIDENCE.
118. Until the contrary is proved. the following presumption. shall be Presllmptiont
made :- al to DecoU
able blstru~
(6) tilat every negotiable instrument was made or drawn for conside. meolS-
of conlidera.
ration. and that every such instrument. when it has been Uon ;
 194 Negotiable In"",mtnu.
accepted. indorsed. negotiated or transferred. was accepted.
indOrsed. negotiated or transferred for consideration;
at to cb.te ; (b) that every negotiable instrument bearing a date was made or drawn
00 sucb date;
(t') that every aceepted bill of eIchange was accepted within a
reasonable lime after its date and beCore its maturity;
.1 to time 01 (d) that every transfer of a negotiable instrument was made before its
tralliler ;
IMturity;
at to wder 01 (e) that the indorsements appearing upon a negotiable instrument were
indor.e.
Inenll. made in the'order in which they appear thereon;
a, lo at..mll : (f) that a lost promissory note. bill of exchange or cheque was dUly
stamped;
that holder (g) that the holder of a negotiable instrument is a holder in due
i. a holder I. course:
due cO)lIr,e.
Provided that. where tbe instrument has been obtained from its
lawfuY owner. or from any person in lawful custody thereof. by
means of an offence or fraud or has been obtained from the
maker or acceptor thereof by means of an offence or fraud. or
for unlawful consideration. tbe burden of proving that the holder
is a bOId'er in due course lies upon bim.
PresuDllltfoa 11'. In a suit upon an instrument which bas been dishonoured. the Court
on proof of
shall. on proof of tbe protest. presume the fact of dishonour unless and until
IV- suc:h fact is disproved.
E,toppel
_Caln.t
U'. No mater of a promissory note. and no drawer of a bill of
den)'i.n( eAchanle or cheque. and no tlcceptor of a bill of exchange for the honour of
OI'llinal the drawer. shall. in a suit thereon by a holder in due course. be permitted to
\'alidily of
Inatrument. deny the validity of the instrument as originally made or drawn.
Elloppel 121; No maker of a promissory note and no acceptor of a bill of
3(::ainst
denyiDi exchanle payable to order shall. in a suit thereon by a holder in due course.
c;lpadty 01 be permitted 10 deny the payee's capacity. at the date of the nole or bill. to
payee to
Illdora. iadone Ihe saroc.
t:'IOPlltl
acaln.t
In. No indorser of a negotiable instrument shall. in a suit thereon by a
den)"illl subsequent holder. be permitted lO deny the signature or capacity to wotract
slature OC' of any'prior party to the instrument.
I:apacily 01
rrior party.
CHAPTER XIV.
OF CROSSED CHEQUES.
113. Where a cheque bears across its face an addition of the words
.. and company" or any abbre\liation thereof between 1WO parallel ttansvene
lines. or of two parallel transverse Jines simply. eilher with or wilhou1 the
words" nOI nq:otiable." that addition shaH be deemed a crossinS and the
cbeque: ,ban be deemed to be crossed generally.
 Negotiable InstrulIlenll. 295
U4. Where a cheque bears across its face an addit~on of the name of a Chequ.
CfOl>Kd
banker. either with or without the words" not ne&oliabJe." tbat addition shall speciiJllr.
be deemed a crossing. and the cbeque .ball be deenled to be crossed specially.
and to be crossed to that banker.

U5. Where a cheque is uncrossed. the holder may cross it generally or Crollln!:
after i&ClIC.
specially.
Wbere a cheque is crossed generally. the holder may cross it specially.
Where a cheque is crossed generally or specially. tbe bolder may add the
words" not negotiable".
Where a cheque is crossed specially. the banter to whom it is crossed
may again cross it specially to anotber banker. his agent for collection.
U'. Where a cheque is crossed generally. the banbr on whom it is P~)'D'itnt of
drawn shall not pay it otherwise tban to a banker. cheque

"""".
gentnJl,.
Where a cheque is crossed specially. tbe banker on whom it is drawn Pol)"furnt of
cheque
shall not pay it otherwise than to tbe banker to whom rt i, crossed. or his cfOued
agent for collection. lpe<:ialIJ.

U7. Where a cheque is crossed specially to more "tban one banter. Paymeot 01
except when crossed to an agent for the purpose of collection. the banker on cbeqae
wbom it is drawn sball refuse payment thereof.
_.
"0. . . .
.ptci",lIy
lnote UI.I.n

lZl. Where the banker an whom a crossed cheque is drawn has paid the i'ayUlllftt In
dtle Call,...
same in due course. the banker paying the cheque. and (in case such cheque of crol.ed
has come to the hands of tbe payee) the drawer thereof. shall respectively be cbeq-e.
entitled to the same rights. and be placed in the same position in all respects,
as they would respectively be entitled to and placed in if the amount of the
cheque had been paid to and received by the true ownef thereof.

119. Any banker paying a cbeque crossed generally otherwise than to a Payment of
bankcr. or a cheque crossed specially othcrwise tban to the b~nker to whom Ch()f,.o;ed t f
the same is crossed. or his agent for collection being a banker. shall be liable ~ue~u:C~
to the true owner of the cheque for any loss he may sustain owing to tho
cheque having been so paid.

130. A person taking a cheque crossed generally or specially. beaQDg in Cheque bear.
either case the words not negotiable." shall nPt have. and shall not be capable iQj .. nc.1
of siving. a better tille to the cheque than that which tbe person from whom uioUallc".
he t~ok it had.
131. A banker who bas in good faith and without negligence received Moo-liabilitJ
payment for a custOmer of a cheque crossed generally or specially to himself ~~r
shall DOt. in case the title to the cheque proves defective. incur any liability to ~YIL.nl of
tbe true owner of the cheque by r~son only of bavinl received IW:h CMqMC.
paymeDt.
 296 Negotiable Instruments.

Explanation,-A banker receives payment of a crossed cheque for a

customer within the meaning of this section notwithstanding that he credit!
his customer's account with the amount of the cheque before receiving
payment thereof.
CHAPTER XV.
OF BILLS IN SETS.
Set of billl, 132, BiUs of exch",nge may be drawn in parH. each part being numbered
and containing""a provision that it shall continue payable only SO long as the
others remain unpaid. ~II thc parts together make a set; but the whole set
constitutes only one bili. and is extinguished when one of the parts, if a
separate bill. would be extinguished.
Exception.-When a person accepts or indorses different parts of the
bill in favour of different persons. he and the subsequent indorsers of each
part are liable on such part as if it were a separate bill.

Holder of 133. As between holders in due course of different parts of the same set
fiut acquired he who first acquired title to his pari is entitled to the other parts and the
part entitled
to all. money represented, by the bill.

CHAPTER XVI.
OF INTERNATIONAL LAW.
Law govem. 134. In the absence of a contrast to the contrary. the liability of the
inillablilly maker or drawer of a foreign promissory note. bill of exchange or cheque is
of maker.
acceptor Of regulated in all essential maUers by the law ot the place where he made the
Indor,er oe instrument. and the respective liabilities of the acceptor and indorser by tbe
forelgll
inltrument. law of the place where the instrument is made payable.

1l11ul ,.(// ;011.

A bill of eXl'h~nCll wal drawil by .. in Ca1irorlll~, where the rate of Inlernt il 2.5 per
cetll.lInd :1CCC!llted by 1/, Ilayable in W.shilleton, wherc the r;t'c of intcrest is6 p:r cenl. The
bill is ;ndou('d in the Ulliun of nurma, ;o.nd is di,honuled.\u :IC!iOIl 011 the bill it brnuJ:ht aalnst
11 In Ihe Union of Burma. He It li;o.hle 10 pl)' inlerest at the rAle of 6 plr cent. onl}'; bul, If A is
charged as drawer," illbblc to pay ;lllerest at Ihe r.lte of 25 per cent.
Law 01 rbcc 135. Where a promissory note. bill of exchange or cheque is made
of pal'mel1t
covernl payablo in a different place from that in which it is made or indorsed. the
dilbonour. law of tbe place where it is made payable determines what constitutes
dishonour and what notice of dishonour is sufficient .
.. 11111$1 rill WII.
A bill of eltch:\ll!te drawn llnd indorsed in the tJni01' Of Burma, but accepted ra~'ahle in
Franct. il dbllonOlired. The ind<>nee C,IUSCS il b be rr.>tesled lor such dilhonour. Ind 'Kives
notice thereof in .lccordanee willi the I;\\\' of to'r;mcr, though not ill accOI'danee wilh Ihe rules
herrio conlained in rll$.l'cct of billl which lue nol for~gn. 'ne nolke il sufficient.
Inltrument
mad., etc" 136. If a negotiable inSlrument is made. drawn. accepted or indorsed
out 01 the out of the Union of Burma. but in accordance with the law of the Union of
Union of
Burm:l.. but Burma. the circumslance that any agreement evidenced by such instrument is
In accor. invalid according to the law of the country wherein it was entered ioto does
 Negotiable Imlrume"". 297

not invalidate any subsequent acceptaDce or indorsement made tbereon in danC'c with
itt law.
the Union of Burma.
Presumption
137. The law of an}' foreign country regarding promilSory notel. bills of at to forei,tl
exchange and cheques shall be presumed to be the same as that of the Union law.
of Burma. unless and until the contrary is proved.

CHAPTER XVII.
NonRIES PuBLIC.
131. The President of the Union may. from time to time. by notification Pt)Wcr to
appoint
in the Guette. appoint any person. by name or by .irtue of his office. to be a nut~rin
notary public under this Act and to exercise hi. functions as luch Within any public.
Jocal area. and may. by Jike notification. remove from office any notary public
appointed under tbis Act.
13'. The President of the Union may. from time to time, by notification Power to
make rvlet
in the Gazette. make rules consistent with this Act for the ,uidance and for nOlarin
control of notaries public appointed under this Act. 3nc1 may by such rules publiC'.
( among other mallers) fix the fees payable to such nOlaries.

THE LIABILITIES (WARTIME ADJUSTMENT) ACT. IN5.'

[BURMA ACT XIX. 1945.J (lSI November. 1945.)
WHEItEAS it is expedient 10 confer on Courts certain powers in relalion to
remedies in respecl of the nop-pa)"ment of money and the non-performance of
obligations. and to provide for the adjustment and settlement of the atrairs of
persons financially affected by reason of war circumstances;

It is hereby enacted as follows : -
PART I.
PRELIMINARY.
I. (I) This Act may be called the Liabilities (WaNime Adjuslment) Short lille.
commence-
Act. 1945. ment and
1 (l) It shall come into force in any local area on such date as the durattOD.
President of the Union may. by notification. appoint in this bchalf and different
dates may be appoinled for different parts of this Act and for different areas.
(3) It shall remain in force until the President of the Union, by 60titica-
lion. declares it to be no longer in force.
1. In this Act. unless there is anything repugnant in tbe subjecCor Ddj..~.
context.-
(i) .. business" iocludes trade or profeJlioD and also the ,oodwill
acquired by a perlOn engaced in a trade or profeKioD ;
Publithtd i. IINne Dept. Notificatintl No. I~O. dated lhe ~Ih Oclohef" J945"
I TIli. Adame illlO force ill tbc wboh, of Bllrmaon ttl NO'"C'luber 1945. 1 B.,_ W:dt6,
1946, Part I, pace 76.
 298 Liabilities (H'arTime .A.djustmem).

(ii) .. the Court" mean. the District Court. or any other Court
designated by the High Court by rules made under se<:tion 8.
within the local limits of whose jurisdiction the debtor ordinarily
resides or carries on business or personally works for gain. or, in
the case of proceedings relating to immovable property. within
the local limits of whose jurisdiction the property or any part
tbereof is situate:
Provided that. within the local limits or. ordinary original jurisdiction
di the High Court. the High Court shaU be the Court;
(iii) .. debtor" inc;ludes a mortgagor and a partnership. and in relation
to any scheme of arrangement under Part 111 means the person
or partnership to whose affairs the scheme relates;
(iv) .. war circumstances" means circumstances directly or indirectly
attributable to any war in which His Britannic Majesty may
be or has been engaged after the first day of September. 1939.

PART II.
RESTktCTIONS ON EXECUTION AND OTHEJ. REMEDIES.

-....
RettrlcUon
CD ncculioa
of money
3. Save as provided by this Act. no person shall be entitled. except with
the leave of the Court. to execute or otherwise enforce any de<:ree or order of any
Court (whether made before or after tbe commencement ot this Act) for the
payment or recovery of money:
Provided lbat. nothing in tbis section shall apply to-
(a) any decree for the recovery of damages for tort ;
(b) any decree or order for the re<:overy of a debt which has become
due by virtue of a contract made after the commencement of
this Act;
(e) any decree or order under which any sum of money is re<:overable
in respect of costs ;
(d) any order for maintenance;
(e) any order made in any criminal proceeding or in any proc:eedinc tor
the recovery ot a penalty in respect of any contravention of. or
failure to comply with, the provisions of any enactment for the
time being in force .
Rntridiou ... (t) Notwithstanding anything contained in any other I~w for the time
onruUuUoa
of lMlC1:rity. being in force. no person shall. save as provided by tnis Act. be entitled.
except with Ihe leave of tbe Court. for the purpose of realising or enforcing
hil security ia any manner or for any other purpose whatsoever. to exercise
any remedy which il available to him under any such law or to execute any
decree or order of any Court against any property of the judgment-debtor:
Provided that nothing in this section shall apply to any remedy or
proceedinc available in consequence of any default in the payment of a debt.
 Liabiluul fWar-Time Adjultme",). 299

or the performance of an obligation. being a debt or obligation arisins by

virtue of a contract made after the commencement of tbis Act:
Provided furtber. that nothing in this section shall affect the operation of
the Land Alienation Act. the Burma Land Purchase Act or the Landi Disputes
(Summary Jurisdiction) Act. 1945..
(2) Where an application is made under sub-section (I) by the mortgagee
or any immovable property for leave to exercise against the property any right
or remedy arising out of the mortgage. the Court may. for ltle purposes of ttle
application. treat any person appearing to the Coun to be affected by the
exercise of ttle rigtlt or remedy as if be were the rqprtgagor and may grant
relief accordingly. and aU persons appearin. to be so affected shall be made
parties to the application.

5. If. on an application for such leave as is rcquire(1 under section 3 or Procedure

section 4 for the exercise of any of the rights and remedies mentioned in those on .applica.
lion fur
sections. the Court is of opinion that the person liable 10 satisfy the decree or lea~e to
order is unable immediately to do so by reason of war circumstances. the e.l:ule
decree
Court may refuse lene for the exercise of tbat right or remedy or give leave order.
therefor subject to such terms. restrictions and conditionl ~s. the Court tbink.
fit.

6. Where an insolvency petition has been presented against any debtor Courtni.1ly
II.ay
and the debtor proves to the satisfaction of the Court having jurisdiction in in.oheI1CY
respect of the petition tbat "his inability to pay his debts is due to war proceedin,.
circumstances. tbe Court may at any time stay the proceedings under the .apindanydebtor.
petition for such time and subject to .uch conditions a. the Court thinks fit. .

7. (I) Where at any stage of a proceeding under this part the Court i. Attachment
satis6ed. by affidavit or otherwise. that the debtor bas. with intent to obstruct of PfOJlCTty
where
or delay the execution of any decree or order passed asainst him. taken appJlcaHon
advantage of the provisions of this part. and i. mal" ~,.
(0) is about to dispose of the whole or any part of his property. or
(b) is about to remove the whole or any part of his property from the
local limits of the jurisdiction of the Court. or
(c) in the case of a secured debt. has failed to take proper steps for
the preservation of the security. (he Court may by order (which
may be made u-parttJ direct the debtor. within a lime to be
fixed by it. either to furnish security, in such sum as may be
specified in the order. to produce and place at tbe disposal of
the Court. when required. Ihe said property or the value of the
same. or such panion tbereaf as may be sufficient to satisfy tbe
decree or order. or to appear and show cause why he sbould Dot
furnisb such security. The Court may also by the same order
direct the attachment of Ihe whole or any portion of any property
of the debtor. Or may appoint a receiver of sucb property.
 300 Liabilities (Waf-Time Adjustment).

(2) Where the debtor fails to show cause why he should not furnish
security or fails to furnish the security required within the time fixed by the
Court. the Court may order that the said property. or such portion thereof as
appears sufficient to satisfy the decree or order. shall be attached. or. if the
property has already been attached by an order under sub-section (I), may
continue the attachment.
(3) Where the debtor sbows cause to the satisfaction of the Court or
furnishes the reqUired security and any property of the debtor has been attached
under sub-sc:cU.cn (I) the Court shall order the attachment to be withdrawn or
make such other order as it thinks fit.
(4) Where the Court passes an order under sub-section (2). all proceedings
under this part shall be: deemed to have terminated. and execution of any
decree or order against the debtor may be taken out and prosecuted in accor-
dance with the provisions of the Code of Civil Procedure or of any other law
for the time being in force relating to executioD.

Proc:~odure.
. The High ,Court may make rules desicnating the Courts. other than the
District Courts. which shall have jurisdiction under this pari. prescribing the
manner in which applications shall be made. and generally for regutating the
conduct of proceedings under this part.

PART III.
ADJUSTMENT OF LIABILITIES.

Debtor IU)' t. Any debtor who is in financial difficullies owing to war circumstances
apply to may apply 10 the Courts for the settlement ,of an equitable and reasonable
Court (or.
Ichcrne 01 scheme of arrangement with his creditors and. in particular. such a scheme of
arranlelnent. arrangement as will enable him. if he carries on a business. to preserve that
business.

Procedure II. (I) On an application under ,"lion 9 the Court shan cause notice
(or effecUlIl( thereof to be served on all the creditors of the debtor wbo have debts provable
Ichclnc o(
arranlen\tnt. in insolvency. and
(tJ) if the debtor and all such creditolS assent to a scheme. the Coun
shall approve the scheme;
(b) when no scheme to which the debtor and all such creditors alSent
can be effted. the Court mllY approve any scheme which
appears to it to be equilable and reaSOnable and to which the
debtor and a majority in number and in value of tbe said
creditors assent_"
(2) A scheme approved under subsection (I) sbanubject t~ tbe
following provisions of this part. be binding on the debtor and On all creditors
on whom notice was len'ed under lubsection (J) :
Provided that where any of the said creditors has a d~bt which would be
entitled to be paid in priority under any law leillting to insolvency if the debtor
were adjudacd insolv(nt. a scheme of arranlemeol shall Dot be appro,,"c:d
 Liabilities (Wa,...Time Adju'tmtnt). 301

unless that creditor assents thereto or the scheme secures the payment of the
debt with the like degree of priority.
11. A schenle of arrangement approved under this part may provide for What a
scheme or
the composition of debts. the post~onement of payment of debts. the assignment arranl:ement
or charging of any property of the debtor in favour of the creditors. and the m:.y I,rovlde
managem~nt or disposal of the debtor's business. if any. or any othtr part of fe<.
his property. and may. with the assent of the other parties thereto. vary the
terms of any lease. mortgage or contract to which the debtor is a party.
U. Where it appears that a scheme of arrangement approved under this EJ:teaUon nr
part is not binding on any creditor by reason of thefact thai he was not given modificallon
of "heme
notice of the application under section 9 as required by subsection (I) of while
section 10. that creditor. or any creditor who is bound by the scheme. may creditor not
Itrled witb
apply to the Court to extend the scheme. with such variations as may be notice.
necessary. to the creditor not bound thereby. or to revoke the scheme. and the
Court may. if it thiDks tit. extend or revoke the scheme accordingly.
13. Any creditor who has not assented to a scheme ap"proved under clause Appeal
l/J) of subsection (I) of section 10 may appeal to the High Court against the ;lC..lnlt
SChelne.
approval thereof on the ground that it contravenes the provisions of this part
or that it is inequitable or unreasonable. and the High Court may on such
appeal vary or revoke the scheme but without prejudice to tbe validity of
anything done in the meantime.

14. Any scheme of arrangement approved under this part OIay be enforced Enforcement
or IChemfO.
by the Court on Ihe applicatioo of the deblor or of any creditor bound thereby.
and any disobedience of an order of the Court made on any such application
shall be deemed to be a contempt of Court and shall be punishable aceordinaly.
15. If the debtor rails to comply .....ith an approved scheme. or if it appears
to the Court that the scheme cannot for any sufficient reason proceed without
undue delay or without injustice to the creditors or 10 the debtor. or tbat the
debtor is guilty of any act or omission which .....ould constitute an offence under
tbis Act or has in aflY respect failed to act in complete good faith towards his
creditors. the Court may. if it thinks tit. on the application of any creditor
bound by tbe scbeme or. if the ground is injustice 10 the debtor. on hi'
application. revoke tbe scheme but without prejudice to the validity of anythiol
done in the meantime.

1'_ The revocation of an approved scheme by tbe Court Or thl! Hiah Re\'fK:atloo
not to affed
Court sball be witbout prejudice to tbe making' of a new scheme of arranaemenl. H .. heme.
and. the Court or Ihe Hiah Court. as the case may be. may give such directions
as it may tbink fit with respect to the makina: of a new scheme.
11. (/) The Hiah Court may make rule. for carryin. into effect lhe Power of
provisions of Ihis part. "llIh Coutt
tonullc
rule
 302 LJabililj~s (War-T;",~ AdjuSIIM1Il).

(2) In particular. and without prejudice to tbe cenerality of the foreloine

power. sucb rules may provide-
(a) for the form and contentl of an application by a debtor under
section 9:
(b) for the givine of notice to creditors under sub-section (I) of section
10 and the form and contents of such notices:
(c) for the manner of proof of debts and the method of valuinl
securities. debts and liabilities. including future and contingent
'liabilities:
(d) for the fees to be paid on applications and in connection with
proceedings on applications;
(It') generally. for the procedUfC to be adopted in the approval of
schemes of arrangement.

PART IV.

MISCELLANEOUS.

V.I.e
.Ialernent or
I'.
If any debtor knowingly makes any falae statement. or omits to state
omiuloll by any material fact for the purpose of securing the assent of the creditors to a
debtor, scheme of arrangcmcrjt under this Act or the exercise in favour of the debtor of
any power of the Court he shall be liable on conviction to imprisonment for a
term which may extend to two years. or to a fine which may extend to two
thousand rupees. or to botb.

YftuduJeutly
cli'J'051111:!
1'. If any deblor. aHer the approval of a scheme of arrangement. fraudu-
01 prorerly lently sells. removes or disposes of any part of his,property he shall be liable on
.rler conviction to imprisonment for a term which may exend to two years. or to a
rf'provalof
ICbeme. fine which may extend to two thousand rupees. or to both.

&Iempllon 10. Where a scheme of arrangement is approved under this Act. every deed.
trom .tamp
duty In conveyance. assignment or olher instrumeDt relating solely to property which
re,peel of was the property of the debtor on the date of the approval of the scheme and
eerLllhl
Ilutrumtnl which after the exeeution of the instrument. is or remains his property or the
property of 11 trustee appointed for the purposes of tbe scheme. shall be exempt
from stamp duty.

%1. This Act shall. subject to such exemptions and modifications as may
'byOo\'cmment
0 bethl.bound
Ad. be prescribed by the President IIf tbe Union. by notification in this behalf. apply
in relation to debts and liabilitieJ due to or inc:urrcd towards the Government.
property in which the Go\'ernment has an interest. leues; UlOrtpges' and
contracts entered into with the Government. proceedings by the Government.
and the exercise of rcmedieJ by the Government. in the same BlIDner u it
applies to subjeets :
Pro'o'ided that nothing in this section shall be taken u aft'ectin& the
prosecution of any criminal proceedina.
 303

THE MONEY LENDERS ACT.

CONTENTS.

CHAPTER I.

Preliminar)'.

1. ShOft title. extent and commencement.

2. Definitions.
3. Power to exempt any clau of money.lenders fronl this Act.

CHAPTER II.
Registration 01 Money.lenders.

4. Register of money-tenders.
5. Registration of money-lenders and registration ce~tificateJ.
6. Duration and renewal of registration.

CHAPTER III.

Regulation 0/ Accounts of Mon,ylenatrJ.

7. Duty of money-lender to maintain accounts and to live receipts.
8. Inspection of accounts maintained by money.. lenden.

CHAPTER IV.
Suits and Execution of Decrees.
9. Bar to decrees and orders on suits and applications by unregistered
money-lenders.
10. Maximum rates at which interest may be decreed.
t 1. Agreements for payment of compound interest void.
12. Maximum amount which may be decreed in suit on loan.
13. Power of Court to reopen certain transaction.

CHAPTER V.
Miscellaneous.
14. Right to deposit in Court money duo on loan.
15. Documents with blanks or incorrect cntrie..
16. Penalty for mOlestation.
11. General provision regarding penalties.
18. Removal of name from register.
19. Service of notices.
20. Rule making (lOwer.
21.
 304

THE MONEY LENDERS ACT.

[BURMA ACT XXVII. 1945.] (2nd November. 1945.)

WHEREAS it is expedient to provide for the registration and control of

money-lenders in the Union of Burma;

It is hereby enacted as follows : -
CHAPTER I.
PIUlLIMINARY.
1. (I) This Act may be called tbe Money-Lenders Act. 1945.
Short title.
e'tlent and (2) It shall extend only to such local arens and shall come into force in
commcnCe'
ment. such areas on such datts as the President of the Union may. by nOlification.
direct. and the President of the Union may. by the notification extending this
Act to any local area. direct that any section or part thereof shall not be in
force in such local,8rea,1
2. In this Act. unless there is anything repugnant in the subject or
Pelillillon.
context.-
o
(1) .. bank " means a banking company as defined in section 277F of
the Burma Companies Act. whether incorporated in or outside
the Union of Burma:
(2) .. company" means a company as defined in the Burma Companies
Act. or incorporated under an Act of Parliament of the United
Kingdom of Great Britain and Ireland or of the legislature of II.
British possession or by a Royal Charter or Letters Patent:
(3) .. eo-operative society" means a society registered under the
Co.aperative Societies Act;
(4) .. interest" means rate of interest and includes the return to be
made in money. kind or otherwise over and above what was
actually lent. whether the same is charged or sought to be
recovered specifically by way of interest or otherwise;
(5) "loan" means an advance. whether of money or in kind. at
interest and includes-
(i) any transaction which is in substance a loan;
(ii) a sabape transaction or transaction of a like nature by which
money is advanced during or before a c:ultivating season and
I ~cliQn'l. 2 aud 3, .ab-see;IQn (.I) of .ection I.). 'Jb-:eeUon (1) of section II, .eeIlOI.S 12,
13, 1~, 15.16,11 lin so f:\r as it rebtell to the flrovifion~ contained in ."t>-'e:UQII (1) Qf secti"n
151 and so;tion 19 c;allle intn fQl'ce ill the whQle of Burm;!, ('In 2nd NO"~mber 194~ Sa
COli merce andlSuppliei Del't. Notification No. 13. daled 2nd No\'cmber 1~45 I&nlla Ga"etle.
1946, Part I, pa(e 211B
The flrovi.ion~ ot th(llc section. which have nol been brmlJht Into fOr<'e ill the .bnv~ nQtjlicil-
Ii"n camc ,intQ !utce in the whole of Mer~ui Di.trict and In the whole of l'ppn Cblndwin and
1.o\Vl'1' Clundl.\ll't Dl.trkts with efh,ct (rom ht April 1948.-[ Su Minhilr)' of AgriCllllure and
"ore~tI. NQlltkatioll ,,"0,122, dal~d 18lh Mllrch 1948lBHrma Ga:dt~, 1941', Part I, page 3~3,) l
aod III the whole of the K.allia Distrid wilh effect from IS.t Aultll.t 194t-{Su Mini.try of
Altriclulure and For~sb, Notlfl(;;ltion No. 220, d:lted Jist Jul)' 1948 (8"rma GaStlle, 1948, Part I.
pall.C 680)).
 Money Lenders. 305

whereby the debtor agrees to return at or after harvest a stated

quantity of paddy or other produce exceeding or likely to
exceed in v:llue the sum advanced; and
(iii) a transaction in which money. goods. grain or other produce i.
advanced and whereby the debtor undertakes to deli\o'er on a
subsequent date a quantity of produce exceeding or likely to
exceed in vaJue the money. goods or produce advanced :
Provided that it shall not include-
(a) a deposit of money or other property in a post office savings bank
or with any banlc: or a company or..co-operative society or with
an employer as security by his employee;
(b) a loan to or by. or a deposit with any society or association
registered under the Societies Registration Act or under any
other law relating to public. religious or charitable objects ;
(c..') a loan taken or advanced by Government Or by any local authority
in the Union of Burma;
(d) a loan advanced by a co-operative society. insurance company or
provident insurance society:
1 (e) a 10::ln advanced by the Union Bank of Burma or by a bank
which the President of the Union has. by notification.
exempted:
(I) a loan advanced by a trader to another trader in the ordinary
course of business and in accordance wilh trade usage;
(8) an advance made to a trader on the basis of a negotiable instru-
ment as defined in the Negotiable Instruments Act other than
a promissory note;
(h) an advance in money or in kind by a land-lord to his tenant to
meet the expenses of cultivation Or by a cuhivator to his
tabourers against wages payable at harvest.
Explanation I.-A bond bearing interest executed in respect of goods
taken on credil. but not for the purpose of sale by the borrower.
is a loan.
Explanation 2.-A supply of goods on a contract of hire-purchase is
not a loan.
(6) money-lender" means a person who carries on the business of
advancing loans as defined in this Act and shall include his legal
representatives and successors-in-interest whether by inlu:ritance.
assignment or otherwise:
Provided that nothing in this definition shall apply to-
(a) a person who is the legal representative or is by inheritance the
successor-in-interest of a deceased ~money-lender together with
all his rights and liabilities. if suc"h person only winds up the
estate of such moneylender aDd does nol advance ant fresh
loans; or
I Sllbltiluted by Ule Ul1ion of Burma (AdaptaliOIl of Law.) Order, 11)4'.

10
 306 MOtley Lenders.
(b) n person who from the date on which this Act COmes into force
merely winds up his money-lending business and does not
advance any fresh loans;
(7) .. prescribed" means prescribed by this Act or by rules made under
this Act:
(8) .. principal" means in relation to a loan the amount in money or
in kind actually lent to the borrowC'r ;
(9) .. Registrar" means a Registrar appointed under the Registration
Att :
(10) .. secured loan ~. means a loan which is secured by a mortgage.
charge or lien on any property. movable or immovable;
(I I) to Sub-Registrar tt means a SubRegistrar appointed under the
Registration Act;
(' 2) .. trader" means a person who. in the ordinary course of business.
buys and sells goods or other property. whether movable or
immovnble.
,. and includes--
s wholesale or a retail merchant.
a commission agent.
a broker.
D.man ufacturer.
a contractor. and
a factory owner.
but does not hlclude a person who sells only his own agricultural
produce or catlle. or buys agricultulal produce or callie for his
own use:
(13) .. unsecured loan" means any loan other than a secured loan.

Power 10 3. The President of the Union mllY. by notification. exempt any money
e~eml'l any
clan of
lender or money-lenders. or any class or classes of money-lenders. as may be
money- specified in the notification. from tbe operation of all or any of the provisions
Jenden (rom of this Act.
Ihil Ad.
CHAPTER II.

REGISTRA.TION OF MONEY-LENDeRS.

Regilt~r 4. Every Registrar shall maintain a register of money-lenders in such

ollUon~ form add containing such particulars as may be prescribed.
lend.:n.
R~i.ralion
of money-
S.to E\'ery money-lender shall. within three months from the
Icndcu and
COmmencement of this Act in any local area. register himself under this Act.
ntltralion (Z) Every application for registration shall be in the prescribed form and
c:rtific<ltC'l. shall be stamped for the prescribed fee. and shall state-
(0) the name and addrtss of Ihe applicant;
(b) the name and style under which he carries on or desires 10 carry
OD business as a money-lender;
 Money under3. 307
(e) the address of his principal place of business and the bra~bea
tbereof. if any. and particulars of the district or district. in
which he carries on Or desires to carryon his business; and
(d) such other particulars as may be prescribed.
(3) The application for registration shall be made-
(a) to the Registrar at Rangoon if the moneylender intends to carry
on his business in more than one district or in tbe whole of the
Union of Burma:
(b) to the Registrar or Sub-Registrar of a district if the money-lender
intends to carryon his business withilt the limits of that district
only.
(4) The SubRegistrar shall. on receipt of such application. forward the
same to the Registrar of the district.
(5) The Registrar shall. where the application has been properly
presented. make the necessary entries in the register maintained by him under
section 4 and issue a registration certificate to the moneylu:1er in such form
as may be prescribed.
(6) On the expiration of the certificate by efflux of time under section 6.
or on the money-lender ceasing to carryon business. or on the removal from
the register of the Ilame of the moneylender under settion 18. the money-
lender shall forthwith deliver up his certificate to the Registrar. who sball
cancel the same.

,. 1I) A registration mllde and certiBcate issued under the provisions of Duntil)ft
and rene....1
section 5 sball remain in force fOr a period of three years from the date of ol rea:i,tta-
registration. liou.
(2) On the expiration of the period for which the registration is in (orce
under sub-section (I). the name of and particulars relating to the money-Jender
shall be deleted from the register and the money-lender shall cease to carry
on business. unless in the meantime the money-lender has applied under sub-
section (3) for renewal of registration.
(3) At any time Within thirty days priorto the date on which his registra.
tion will expire. a money-lender may. and shall if he intends to continue in
business. apply for renewal of registrati.on. and the provisions of sub-sections
(2). (3). (4) and (5) of section 5 shall apply to such applicatioD :
Provided that it shall not be necessary to make fresll entries in the
register of money-lenders OD the renewal of the registration. but a notC"of tbe
date of renewal of the registratioD sball be mlde therein.
(4) The period for whicb a renewed registration sball remain in force
shall be three years from the date of expiration of the previous registration.
CHAPTER III.
REGULATION OF ACCOU"ITS OF MONEY-LENDflS.
7. (I) E..ery money-lender ~hall. in respect of eVery loan advanced by Duly oi
mOIler_
him after the commencement of this Act and every transaction made by bim leml" to
 308 Money unders.

DI.iutaiA after tbe commencement of this Act relating 10 a loan advanced by him before
ate;oaDl.' and
to Ii"', tho. commencement of tbi. Act.-
rwripta.
(cd regularly record and maintain. or cause 10 be recorded or
maintained. an account showing for each debtor.
(i) the date and terms of the loan. Ihe amount advanced. the rate
of interest charged and the articles pledged. if any. and
(iD the amount of every payment received by the money-lender in
f respect of Ihe loan and the date of such payment;

(b) give to the dobtor. or his agent. a receipt for every sum paid by.
or on behalf of. the debtor. duly signed by him or his agent
and. where necessary. stamped at the time of such payment:
(d supply the debtor. or his agent. within thirty days of the date of
the loan. with a true copy of the enlries recorded under sub-
clause (il of clause (0) ;
(d) supply.. the debtor or his agent. at intervals of nol more Ihan
twelve monlhs. with a statement of account signed by him or his
agent. sbowing the amount 'hat is outstunding against such debtor
On aCS'oun' of the principal and interest on the date !he state-
ment of ,ccounl WI'S nlade. and the amount of every payment
received by the money-lender in respect of the loan. and the date
ot such payment. during the period 10 which the statemenl
relates;
(el give Ihe deblor a receipt signed by him or his agent for every
arlicle pledged with a general description of .uch article. and the
amount for which i' is pledged; and
(I) return to the debtor as soon as the loan is repaid in full every
document whereby the debtor or any other person became liable
for the re-payment of the loan and all securities therefor.

(2) A person 10 whom a copy of entries under clause (c) of sub-section

(I) or 11 statement of account under clause (d) of sub-section (I) has been
supplied shall not be deemed to have admitted the correctness of such entries
or statemenl of accounl by reason only that he has not objected 10 the
corrednesa thereof.
(3) A copy of enlries in an account or of a stalement of account supplied
under ,sub-section (I) shall be written in such language as may be prescribed
and no charge shaU be made fOl supplying a copy thereof 10 Ihe deblor.

rurti_ I. Every money-tender shall produce all books of account maintained by

af accOUllI,
ma.intaiA~ him in respect of his money-lending business for inspection by such persons
~, DlOney_ and in such manner uOI,nay be prescribed :
lenden.
Provided thai no iDSpcctioD. of such accounts shall be made without the
lIoctioD of the Rqistnt.
 Money Lenders. 309
CHAPTER IV.
SUITS AND EXCCUTION Of DEClEES.
,. Notwithstanding anything contained in any other law for the time Barto
decree. aDd
being in force. no Court shall pass a decree on a suit by a money-Jender for orden 011
the recovery of a loan. or fer the enforcement of any security laken in resJ)C(:t lUib and
of a loan. or an order on an application by a moneylender for the execution appUcatiODll
by
of a decree relating to a loan or to any security in respect of a loan. unless 1UU'C'lilt.ed
mopey
the money-lender is registered under this Act and the registration is in force. l:adua.

10. (I) Notwithstanding anything to the contrary contained in any other Maximwn
law for the time being in force. or in any contract. no Court shall. in any suit rales at
w"""
or proceeding in respect of a loan advanced after the commencement of lhil interftt may
Act. pass a decree in respect of interest at cales exceeding twelYe per centum be de.:rced.
per annum in the case of a secured loan and eighteen per centum per annum
in the case of an unsecured loan.
(2) A copy of every judgment or order of a Court whereby. in consequence
of the provisions of subsection (1). the rate of interesl rec8\'erabJe on a loan
is reduced shall be transmitted to the Registrar by the Court.
11. (I) Notwithstanding anything to the contrary contained in any otber Acr ecmmta
for parmmt
Jaw for the time being in force. or in any contract. an agreement for the of colUllOOnd
payment of compound interest on loans advanced after the commencement of Intere.t void.
this Act shal) be void in so far as it provides. directly or indirectly. for the
payment of compound interest:
Provided tbat the Presidc:,ot of the Union may. by notification. and subject
to such conditions as he may impose exempt any clap of loans from tbe
provisions of this section.
(2) A copy of every judgment or order of a Court whereby. iD
consequence uf the provisions of sub'section (I). compound interest il
disallowed shall be transmitted to the Registnr by the Court.
12. Notwithstanding anything to the contrary contained in any other law for Nulmum
the time being in force. or in any contract. no Courl shall. in respect of a lOin amount
>\'bil;b may
advanced before or after the commencement of this Act. pass a decree for a be ckl;reed
sum greater than the principal of the original loan and arrears of interest In IUit on
loall.
which. together with any interest already paid. exceeds tbe amount of sucb
principal.
13. In any suit or proceeding. whether filed before or after the comDJence Power 01
ment of this Act. in respect of a toan ad ... ancc~ before the commencement of O'lurt to
rC-<lpeft
this Act. or in an)' appeal or proceeding in revision arisin, out of such suit or certain
pr~eedinc. tbe Court may exercise any of the following powers. namely :- tTanuct~

(,,) cc..aptn tbe transaction. take an accou.nt between tbe partiCi. aod
relieve the debtor of aU liability in respect of any interClt ill
excess of twelve per centum simple per annum in tbe Cite of a
secured loan and eighteen per centum simple per anBurn in the
case of an unsecured lo~n ;
 310 Motley Letlders.

(b) notwithstanding any agreement purporting to close previous

dealings and to create a new obligation. re-open any account
already taken between the parties and relieve the debtor of all
liability in respect of any interest in excess of twelve per centum
simple per annum in the case of a secured loan and eighteen per
c.ntum simple per annum in the case of an unsecured loan:
(c) set aside. either Wholly or in part. or revise or alter any security given
or agreement made in respect of any loan and. if the creditOr has
pjlrted with the security, order him to indemnify the debtor in
such manner and to such extent as it may deem just:
Provided that in the''exercise of these powers the Court shall not-
(i) re-open any agreement purporting to close previous dealings and
to create a new obligation which has been enlered into by the
parties. or persons through whom they claim. more than six years
before the institution of such suit: or
(ii) do anything which affects any decree of a Court in a previous suit:
Provided furtner that, if anything has been paid or allowed in respect of
any liability for interest in excess of twelve per centum simple per annum in
the case of a secured loan and eighteen per centum simple per annum in the
case of an unsecured loan. nothing in clause (a) or clause (b) shall
be deemed to require' the creditor to repay any amount so paid or allowed
in excess or to reduce the amount of the principal of the loan.

CHAPTER V.
MISCEI.LANEOUS.
Riehl 10 14. (I) Where a debtor tenders any sum to a money-lender or his agent
deposit ia in payment of any interest or principal of a loan and the money-lender or his
Court lnl,lney
due on loan. agent refuses to receive the sum tendered. the debtor may deposit the amount
so tendered. in any Court in which the money-lender might have instituted a
suit for the recovery of such interest or loan. to the account of the money-
lender.
(2) The Court shall thereupon issue notice of the deposit to the money-
lender.
(3) The money-lender may. within three years after the date of the
service upon him of the notice issued under sub-section (2). apply to the
Court for the sum deposited 10 be paid to him.
(4) If no application is made within the period specified in sub-section
(3). the amount deposited shall' be disposed of in the prescribed manner.
(5) Upon receipt of an application under sub-section (3) the Court ,may
order the sum deposited to be paid to the applicant upon such terws and
subject to such conditions as it may specify.
(6) The deposit made under sub-section (I) shall operate as satisfaction
for Ihe amount so deposited in the same manner and 10 the same extent as if
such amount had been rcceived by the mODey-lender in whose favour the
deposit was made on the dale of sucb deposit.
 Money unders 311
15. (I) No creditor sball take from a debtor or intending debtor any Doeumt'nl.
with bI.au
note. bond. security or promise to pay. which does not state the actual or in.:orrtct
amount in words of the loan. the terms oC the loan. the date of execution of entrlel.
the document. the rate of interest charged and the tiDle. if any. within which
the principal is stipulated 10 be repaid in full. or which states ani of such
particulars incorrectly: npr sball any creditor take from any debtor or
intending debtor any instrument in which any of tbe above particulars is Jelt
blank to be filled up at a subsequent date.
(2) Notwithstanding anything contained in any law for the time being in
force. any such note. bond. security. promise. or document shIll be void.
16. (I) Whoever molests. or abets the molestation of. a debtor for the Pertalty for
purpose of recovering or attempting to recover a debt shall be punishable. on molnlatk&
conviction. with imprisonment which may extend to three months, or with fine
which rna)' exteml to five hundred rupees. or with both.
Explanaaon.-A person who with intent to cause another person to
abstain from doing any act which he has a right to do or to do any act which
he has a right to abstain from doing-
(a) obstructs or uses violence to or intimidates such other perlOn. or
(b) persistently follows such other person from place (0 place or
interferes with any property owned or used. by him or deprivCl
him of. or hinders him in. the use thereat. or
(c) loiters or does any similar act at or near a house. building. or
place where such other person resides. stays. works or carries 011
business or happens to be.
shall be deemed to molest s~h other person :
Provided that a person who attends at or goes near such bouse. buiJdinl
or place for tbe purpose onty of making a formal demand for repayment of a
loan or of enquiring about tbe property of the debtor or bis wbereabouU
shall Dot be deemed to molest.
(2) Notwithstanding anything contained in the Code of Criminal Proce-
dure. an offence under this sectio nshall be cognizable and bailable:
Provided that no arrest shall be made ror an offence under tbi. section
except-
(a) by an officer-in-<:harge or a police'station or a police officer Dot
below the rank of subinspector. or
(b) on a warrant issued by a Magistrate.
17. Whoever contravenes the provisions of sub-section (I) or subseetion "'->1
(6) of section 5. or of sub-section (2) of sectTon 6. or of subsection (I) or sub p:"o..i.ioa
retrdinl
slt:tioD (3) of section 7. or of section 8. or of subscctioo (I) of section 15 or peIl.llift,
abets the cootraveotioo of any of tbe aforesaid provisions.hall be punishable
ill the ease of-
m a first offence. with fine which may extend to two hundred rupeea.
(in a second offence. wilh fine which may extend to five hundred
rupees. aod
 312 MOMy undtrs.

(iii) a third or subsequent offence. with imprisonment which may

eXlend to three months. or with fine which may extend to one
thousand rupees, or with both.
RUQo\lalof II. (I) The Registrar may remove from the register of money-lenders the
111"'"' frot'll
realaln. name of any money-lender who. after the commencement of this Act.-
(i) has been found guilty of an offence under section 16 or section
17. or
(ii) has made loans at rates of interest in excess of the maximum rates
prescribed by seetion 10. or
(iii) has made loan~ carrying compound interest. except as permitted
under the proviso to section II.
(2) Before the name o( a money-lender is removed (rom the register
under sub'seclion (I) he shall be giv.n by the Registrar a reasonable
opportunity of showing cause why his name should not be so removed.
(3) Any money-lender whose name has been removed from the register
by the Registrar urvter sub-section (I) may. within thirty days of the service
on him of a copy of the order of the Registrar. appeal against the order to
the President of the Union and the decision of the President of the Union
thereon shalt be fin&!.
S~J\lke of
notica.
1'. All processes. notices and orders required to be served on a money-
lender sball be deemed to be duly served if left at or sent by registered post
to the address given by the money-lender in his application for registration.

11. (I) The President of the Union may makerutes t for carrying out the
purposes of tbis Act.
(1) In particular. and without prejudice 10 the generality of the (or.go
ina power. such rules may provide for-
(a) the form of reaister under section 4 and the particulars to be
COntained in such register:
(b) the form of llnd the further particulars to be contained in an
application for registration under section 5 ;
(c) the fcc to be paid on an application for registration under section 5 ;
(d) the form of registration certificate under section 5 ;
(It) the language or languages to be used in makins copies of entcie.
and statements of account under sub-section (3) of section 7 ;
(J) the manner in which accounts shall be made available for inspection
under ICCtion 8. and the persons who may carry out such inspec.
tiona ; and t.
(g) the manner in which deposit. made under section 14 shall be
disposed of.
s 21.

I "'Of au~bflllC't. u,e I).rlll" C;.. :elt,. 1946. Vart I. r:'l,e 219.
a OmHk4 by tbe l'l1ton of P.nnn:lIAdal'lau..m (Of LawI) Order. 19....
 313

THE ACCRl'AL OF INTEREST (WARTlME ADJUSTMENT) ACT

'47.

[BURMA ACT XI. 1947.} (25th February, 1947.)

WHEREAS it is expedient to make equitable adjustment of claim. of
interest accrued during war period :

It is hereby enacted as follows :-
1. (I) This Act may be culled the Accrual of Internt (WarYime
Adjustment) Act. 1947.
(2) It shaH extend to the whole of the Uniolf of Burma.
(3) It shall come into force at once.
Z. In Ibis Act. unless there is anything; repugnant in the subjc<:t or
context,-
(I) o' interest" means rate of interest and includes Ihe return to be
made over and above what was actually lent. whether the same
is charged or sought to be recovered speti6cally by way of
interest or otherwise;
(2) "loan" means a}oan whether of money or in kind. and iocludcs
any transaction which is. in the opinion~ of the Coun. iD
substance a loan.
3. Notwithstanding anything contained in any other law for the time
being in force. or in any contract of loan or mortgage deed. no interest shall
accrue or be payable upon any loan or mortgage other than usufructuary
mortga8e, made in Burma before the 5th day of May. 1942, (or or in respect
of the period which falls within the 81h day of December. 1941. and the dale 1
on which the provisions of section 7 of the Courts (Emergency ProvisioDs)
Act. 1943. cease to operale or arc repealed.

THE AGRICULTURAL DEBTS MORATORIUM ACT. IN7.'

[BURMA ACT XXIV. 1947.) (7th May. 1947.)

WHEREAS it is expedient to proclaim a moratorium in r"pcct of

agricullural debts conlracted before the resumption of the civU Government
in British Burma:

It is hereby enacted as follows :-

1. (1) This Act may be called the Agricullural Debts Moratorium Act.
1947.
(2) It shall extend to the whole of the Union of Burma.
I'ubhst,~ in 8''''''11 (;nullt. 1~7. P;,nl I. f':I~e 110.
I The pro\'jS;I)"S l.f ~Ij.,n 7 (Jf lloe COlll:~ (E"ler~eJlcy Pro, i.;t'u.1 Ac!. 1c;4), contin-.. to
te in fOIC': up 1".:",<1 I nlil the lht d~rof "'lardl 1'>47. ~tt sedhn J, 8uflma Acl II. 19~7.
t P ublbbc:d In Sur" _ C_:tt,., 1947. Pall I, page 279.
 314 Agricultural Debl8 Moratorium.

(3) It shall come into force at once:

Provided that the provisions of section 3 shall remain in force for a
period of six months only.
Definition.. 2. In this Act unless there is anything repugnant in the subject or
cOntext.-
(a) .. agriculture" includes horticulture and thc usc of land for any
purpose of husbandry;
(b)."dcbt" means any liability owing to a creditor by a debtor.
in cash or kind. secured or unsecured. and includes any sum
of mone'j payable under a decree or order of a civil Courl or
otherwise, whether due Or not due. but shall not include
arrea... of wages. rent payable on agricultural lands. land
revcnue or anything recoverable as an arrear of landrcvenue
or any money for the recovery of which a suit is barred by
limitation;
(c) .. aaricultural debtor" means any person who at the commence-
ment of this Act earns his livelihood mainly by agriculture or
who is engaged in cultivation of land as his principal means
01. subsistence and owes a debt ;
(d) .. creditor" means a person to whom a debt is owing.

3. Notwithstanding anything contained in any other law far the time

being in force. or in any contnad of loan or mortgage deed. a moratorium is
bereby proclaimed in respect of all debts contracted by an agricultural debtor
before the 16th day of October 1945 : .
Provided that nothing contained in this Act shall be deemed to revi"e
any debt which is barred by limitation of time prior to the commencement of
tbis Act.
Provided also that nothing conulined in this Act shall be deemed to
prevent the intereSI accruing on any debt during the period of the moratorium
which is not barred by limitation of time prior to the commeocement of this
Act;

4. All creditors to whom such debts are owed by agricultural debtors

sball. within six months from the commencement of this Act, register the
following particulars with tbe Deputy Commissioners of tbe districts wbere an
agricultural debtor resides. namely.-
(a) tbe place where {he agricultural debtor resides; aDd
(b) the amouot and particulars of his claim asainu sucb agricuillaral
debtor.
S. Not_itbs(anding anything cootained in any other law for the time
beina in forte. no civil Court shall entertain any suit in respect of any such
debts owed by an agricultural debtor if the creditor fails to register in the
manDer prescribed UDder section 4. within the period fixed Iherefor.
 315

THE BURMA AGRICULTURISTS' DEBT RELIEF ACT.

[BURMA ACT LXXII. 1947.] (19th November. 1947.)

It is hereby enacted as follows :-

Slwrt tille,
1. (I) This Act may be called the Burma Agriculturists' Debt Relief. CJllef't aad
Act. 1947. comlPCDCo-
(2) It shall come into force on such date I as the President of tbe Union m"!.
may. by notification. direct in this behalf.
2. ]n this Act. unless there is aO)1hing repugnant in the subject or
cont(:xl,-
(a) .. agriculture" includes horticulture and tbe use of land for any
purpose of hUlibandc)' :
(b) .. Board" means a Debt Settlement Board constituted under this
Act:
(c) .. creditor ., means a person to whom a debt is owing but does
not include a co-operative societ)' :
debt" mea.ns may liability owing 10 a creditor. in cash Or lind.
(I/)
secured Or unsecured. and includes any sum of money
payable under a decree or order of- a civil Court or
otherwise. whether due or not due. but shall not include
arrears of wages. land-revenue or anything recoverable as an
arrear of land-re\'enue or any mane)' for the recovery of
which a suit is barred by limitation;
fe) .. debtor" means an agriculturist-
(I) who is engaged in the cultivation of land with hi' own hand.
as his principal means of subsistence. or
(2) who satisfies the following conditions. namely-
(i) that he superintends personally and throughout the warkin,
periods of the year the actual cultivation of the land. and
(ii) that he derives the major part of his income either from
such superintendence or from the cultivation of land with
his own hands or jointly from such superintendence and
such cultivation: and whose debts eXCeed Rs. 100. (and
shalliaclude his legal representatives and successors-in-in
terestwhether by inheritance. assignment or otherwise: )2
(J) .. prescribed t. means prescribed by rules made under thts Act

3. (I) The President of the Union may. by notification. Cltablisb a F..tabli.tt-

Alealof
Debt Setllement Board for any district or part of a district. and such Board Do.........
luall consist of not less than tbree and not more tban five members includinl AI.rot SoaN.
tbe Chairman who shall be a person holding or having held aD office noc:

I Tbis Act came into force jra the wbole of 8uUQ~ on 19th SQ\'C'wb~t 1947. S S."
Ga:tlt.. 1941. Part I, page ;6-4.
t JU;iCrled by Act \"In. 1954.
 316 Agriculturists' Debt Relief.

lower in rank than that of (a Township Judge or Township Officer or a

Lower Grade Pleader.}1
(1) The President of the Union may. by notification. cancel the
appointment of the Chairman or any member of a Board and dissoh'e any
Board.
(3) The Chairman and ever)' nlember of a Board shall be appointed for
a term not exceeding three years.
(4) Every member including the Chairman shall. on the expiration of
the period for w)l:ich be has been appointed. be eligible for re-appointment for a
fw1hcr term not exceeding three years. but no member or Chairman. whosc
appointment has been canoelled under the provision of sub-section (2). shall be
eligible for re-appointment.
(5) A Board shall have such quorum as may be prescribed.
(6) Where tbe Chllirman and mcmbers of a Board arc unable to agree.
the opinion of the majority shall prcvail. Where the Board is equally
dividcd. the Chairman shall have a casting vote.
(7) If at any time the Chairman of a Board is temporarily prevented
from discharging his duties. he may nominatc any mcmber thereof to act for
him during his temporary absence and such member shall. while so actina.
have the same powers as the Chairman.
Apl'licalloQ. 4. A debtor Rlay apply to the Board established for the local area within
'M tellll> which tbe debtor ordinarily resides for compulsory scaling down of his debt
Inc"t be-
t\l.. tea. debtor with his creditor or creditors :
andhil Cfl>
dit.... Provided that if the debtor's debts exceed ten thousand rupees the
application sball be dismissed.
'tA.. (I) Notwithstanding anything cOntained elsewhere in this Act. the
President of ehe Union may. pending the establishment of a Board under
sub-section (I) of section 3 in nny district or pare of :1 district. authorize the
Deputy Commissioner or any Subdivisional Officer or Township Officer to
receive applications for scnling down of debts presented to bim by the debtorl
residing in the local limits of his jurisdiction; and tbe provisions of sections
S. 6 and 7 shall apply to such applications.
(2) For the purposes of sectiOn 26 and section 28. an application made
by a debtor (0 the Deputy Commissioner. Subdivisional Officer or Township
Officer under sub-section (I) shall be deemed to be an application made 10 a
Board under section 4.
Vtriliati~..... 5. (I) Every application to the Board sball be in writing and shall be
,.....
of aI"P~iea
signed aod verified in the manne" prescribed by the Code of Civil Procedure
for signin. and verifying plaints. "
(2) If a person makes any statement in a verification mentioned in sub.
1CCti0n (I) or io subscction (I) of soction 9. which is false and wbich he either
knows or believes to be false. or docs oot believe to be true. he shall be
deemed to have commilted an offence under section 177 of thc Penal Code.
\ Substituted by Act XXXIX. 1953.
I lultrttcl by Act XI\. J951.
 AgTic"ltuTis's' Dtbt Rtlitf. 311

,. Every application presented by a debtor to a Board shall contain the Patli,ulan

tlJ be .tatcd
following particulars. namely- laarpUca-
Uoo.
(a) a statement that he owes a debt;
(b) the place where he resides;
(c) the amount and particulars of all claims against him. including
arrears of wages. landrevcnue or anything recoverablc as
an arrear of land-revenue and any money for the recovery of
which a suit is barred by limitation. together. with tbe namel
and residences of his creditors so far as thcy are known to.
or can by the exercise of reasonab~ care and diliaenee be
ascerlained by him ;
(d) the amount and particulars of all his properly, includina all
claims due to him together with a specification of tbe value of
such property nOl consisting of moncy. and the place or
places at which any such property is to be found. and detailJ
of any mortgage. lien or charge sUbsisti~,g tbereon ; and
(1') a declaration tbat all his debts and prop:rties have bcon included
in the application.

7. The application shall be returned to the applicant if it does not

comply with any of the requirements mentioned in sections 5 and 6 for
amendment failing which the application shall be rejected.
The rejection of an aplication under this section shall not preclude the
applicant from making a freth application.

e. An application under sectiOn 4 may be dismissed by the Board at Dilall..al 01

any stage of the proceedings,- applicalioa.
(a) if. for reasons to be stated in writing. the Board does not con
sider it desirable or practicable (0 effect a scaling down of
debts; or
(b) if. in thc opinion of the Board. the applicant fails to pursue bia
application with due diligence; or
(c) if thc application includes a claim which. in the opinion of tbe
Board. is collusive and intended to defraud any creditor.
,. (I) On receipt of an application under section 4. the Board shall. P,ocedure oa
unless it rejects the application under section 7, examine the debtor an4 if it applicaUoa
and nolke
is. in the opinion of tbe Board. desirable to ,Uempt to scala down his debt. ullin. u('Oft
the Board shall pass an order fixing a date and place for heario, of the Credilon 10
IaHilt . . . .
application.
(2) The Board shall issue a notice which shall be served or published in
......
menlo(

the manner prescribed caUing upon every creditor of the debtor to submit a
statement of debts owing to such creditor by the debtor. Such statement sball
be submitted to the Board in writing witbin one month from the date of service
of publication of the ootice as tbe case may be and aball be siped and
 318 Agricul,urists' Debt Relief

verified in the manner prescribed by the Code of Civil Procedure for signing
and verifying plaints:
Provided that. if the Board is satisfied that any creditor was. for good
and sufficient cause. unable to comply with such directions. it may extend the
period for the submission of his statement of the debt owing to him.
(3) Every debt of which a statement is not submitted to the Board in
compliance with Ihe provisions oC sub-section (2) shall be deemed for all
purpoSeS to have been duty discharged:
Provided that if a creditor proves to the satisfaction of the Board tbat
the notice was not served on him or thut he has no knowledge of the publication
thereof. or that for some other sufficient reaSOns he was unable to submit the
statemenl. Ihe Board may revive the debt.

Procedure 0fI 10. (I) Every creditor submitting a statement of the debts owinj: to him
tUbUlit.Jon in compliance with u notice issued under subsection (2) of section 9 shall
nl ttalement
0' debit. furnish. along withr such .tatement. full particulars of all such debts and shall
at the same time produce all documents. including all entries in books of
accounts. on which he relies to support his claims. together with a true copy
of every such document.
(2) The Boardshall. after marking for the purpose of identification every
original document so producel.l and verifying the correctness of the copy. retain
the copy and return the original to the creditor.
(3) If any document. which is in the possession or under the control of
the creditor. is not produced by him as reqllired by subsection (I). the
documenl shall not be admissible in evidence against the debtor in any suit
brou,ht by the creditor or by any person claiming under him for the recovery
of the debt:
Provided Ihat the Board or Court shall have power to excuse fOr
sufficient reasons any default or delay in producing the document and to grant
reasonable time for producing the same in any proceeding pending before it.

Board to 11. (J) The Board shall call upon the debtor and each creditor respec-
'Clledown
debl. tively to explain his case regarding each debt and shall scale it down as
provided under sections 13 and 14.
(2) If there is a dispute as to the existence or amount of debt owing to
any cteditor or the assets of any deblor. the Board may decide the matter
after taking such evidence as mf\y be adduced by all the parlies concerned and
luch decision shall be binding on all !he parties in all proceedings before the
Board: '
Provided that the decree of a civil Courl relating to a debt shall. subj1
to tbe provisions of seclions 13 and 14. be conclU$ive evidence as to the
ex.islence and amount of such debt
(3) The Board shall prepare a complete schedule of the creditors and of
tbe aSlets and Iiabililies of the debtor.
 Agriculturists' Debt Relitf. 319

U. (I) Subject to the provisions of sections 132 and 133 or the Code of POIl;er 01
Board to re-
Civil Procedure and to rules made under this Act. the Board shall bave power quire alIt....
to summon any person whose attendance it COnsiders necessary either to be ana: 01 per
ton$ and pro-
examined as a party or to give evidence as a witness or to produce any document d, etlon (;1
for the purpose of any inquiry under this Act. documeAl'
(2) Any party or person present may be required by the Board to give utd to Ie
rei"e
evidence or to produce any document in his possession or power then and e"kkDCe.
there or within such time as the Board may direct.
13. Subject to the provisions of the Accrulf,1 of Interest (WarTime Pro"l.iOll lor
debt. incur.
Adjustment) Act, 1947. the Board shall scale down the debts incurred before red btfllf"C l.t
tbe 1st October 1941 in the manner mentioned hereunder. nameJy- Oct"-
1941.
(I) all inter~st outstanding on the 1st October 1946. in favour of aDy
creditor of an agriculturist whether the same be payable under
Jaw. custom or conuact or under a decree of Court and whether
the debt or other obligation has ripened into a decree or not
shall be deemed to be discharged. and only.tbe principal or
such portion thereof as may be outstanding shall be deemed to
be the amount repayable by the agriculturist on that date;
(2) wh::re an agriculturist has paid to any creditor- twice the amount
of the principal whether by way of, principal or interest or batb.
such debt including the principal. shall be deemed to be wholly
discharged;
(3) where the sums repaid by way of principal or interest or both fall
short of twice. the amount of the principal. such amount only
as would make up such shortage. or the principal amount or
such portion of the principal amount as is outstanding, which
ever is smaller. shall be repayable:
Provided that nothing contained in sub-sections (1). (1) and (J) shall be
deemed to require the creditor to refund any sum which has been paid to him.
or to increase the liability of a debtor to pay any sum in excess of the amount
which would have been payable by him if this Act had not been passed.
Expltmation,,-Where a debt has been renewed or included in a fresh
document in favour of the same creditor. (he principal originally advanced by
the creditor together with such sums. if any. as have been subsequently
advanced as principal shall alone be treated as the principaJ sum repayable
by the agriculturist under this section.

14. Subject to the provisions of the Accrual of Interest (War.Time Prcwltlon I .

deb_
Adj~[ment) Act. 1947. the Board shall scale down the debt. incurred on or ,-"<d
after the 1st October 1941 in the manner mentioned bereunder. namely- alter hi
OCtober
interest shall be calculated up to the commencement of this Act at the 1941.
rate applicable to the debt under tbe law. custOm. conUlct or
decree of Court under which it arises or at 6l per unt per
annum simple interest whichever is less and credit shall be pve.
fOr aU sums paid towards intuest. and only sucb amoUDt aI
 320 Agricllltur;sl,' Debl Relit/.

is found outstanding. if any. for interest thus calculated shaH

be deemed payable together with the principal amount or such
portion of it as is due:
Provided that any part of the debt which is found to be a renewal of a
prior debt shall be deemed to be a debt contracted on the date on which such
prior debt was incurred. and if such debt had been contracted prior to the 1st'
October 1914. sball be dealt with under the provisions of section 13:
Provided also that nothing herein contained shall be deemed 10 require
the creditor to refund any sum which has been paid to him or to increase the
liability of the debtor 'to pal' any sum in excess of the amount which would
have been payable by him if this Act had not been passed.

Order and 15. (I) An order for the scaling down of debts shall be in writing. and
It. effect. it shaU Slate. subject to the prO'o'isions contained in sections t7 and 18. the
amounts payable to creditors and the manner in which. the a!scts from which
and the times aJ. which they are to be paid. Such order shall be read and
explained 10 the parties concerned and shall be authenticated by the Board.
(2) The order made under sub-section (l) shall take effect as if it were a
decree of a civil Court at the place where the debt concerned was incurred
and be executable as.such and such order shall. subject to the provisions of
subsection (J) hereof and section 24. be final:
Provided that no such order shall be ellccuted in anyC ourt without the
sanction of the Board.
(3) If. after an order is made under sub-section (I). any debt is revived
by the Board under sub-section (3) of section 9. the Board shall make a fresh
order.

16. Where an order is made in respect of any debt which is secured by

mortgage. lien or charge on any immovable property of a debtor. sucb
mortga&e. lien or charge shall subsist to the extent of the amount
payable under the order in respect of such debt until such amount has been
paid or discharged.
17. A debtor shall be liable to pay the amount due in accordance with
the order made by the Board under sub-section (I) of section 15; and the
Board shall. upon application made by a creditor. accord sanction 10 the
exec~tion of its order in a civil Court of competent jurisdiction. if a debtor
defaults in paying such amoul\lS within such time as may be prescribed:
Provided that no debtor shall be liable. before the 1st January 1956.1
to pay any debt incurred by him prior to the commencement of this Aci and
scaled down under the provisions of this Act:
Provided also that where a debtor is unable to find the creditor and pay
the amount due in accordance with the order he may deposit such amount
WIth the Registrar of the District Court and such deposit sball be conclusive
t Sutntiluted by Ad XXII, 1952.
 AgTicu1tUTist3' D~bt R~Il~f. 321

evidence that an offer of payment has been made by the debtor in accordance
with the order.
18. All debts incurred by an agriculturist before the commencement of Rollcoflnl'r_
est pa)'able
this Act and scaled down under the provisions of this Act shall. from the 1st by a,rieul_

"""..
January 1956.1 carry interest on the principal amount set out in the order tllri'b on old
scaling down the debts. in so far as any sum remains payable thereunder. at
the rate previously applicable under law. custom. contract or otherwise: and
no interest shall be payable on such principal amount in respect of the period
commencing from the date on which this Act comes into force to the 31st
December 1955 :-
Provided that the interest shaU not in any case exceed 6! per cent rer
annum simple interest. that is to uy. one pic per rupee per mensem simple
interest. or one anna per rupee per annum simple interest.
19. In any proceeding for settlement of a debt. the Board shall scale Rate oIlnh;r.
down all interest due on any debt incurred by aD agricuUurist after the n."5I rar.:bh:
b., a~rieul_
commencement of this Act. so as not to exceed a sum -;alculated at 6~ rer t"rbts OD
cent per annum. simple interest. that is to say. one pie per rupee per mensem new I~
SilUplc interest. or one anna per rupee per unnum simple interl:st :
Pro',:ided that the President of the Union may. by notification in the
Gazette, alter and fix <IllY other rate of interest from time to time.
10. No civil Court shall entertain any suit or application for execution IUr of IUlt.
of a decree in respt(:t of-
(i) uny matter pendiflg before a Board; or
(ii) the "alidity of any procedure or the legality of any order made
under Ihis Act: or
(Hi) the rt(overy of any debt payable under an order made under sub-
section (J) of section 15 save liS provided under section 11; or
(iv) the recovery of any debt which has been deemed to have been
duly discharged under sub-section (J) of section 9.
11. Every transfer of property made with intent to defeat or delay the A~oidall of
creditors of the debtor. before or after an application has been made to a a:rt3.in tran..
fera at
Board under section 4 and until the order under sub-section (I) of section IS debtl)f".
in respect of such application has ceased to subsist. shall be voidable by the property.
order 0[. the Board on the apPlication of any creditor so defeated or dela)cd.
%1. Any alienation of land made wilh the sanction of the Board in Alienation of
pursuance of or to carry out an order made under sub.section (I) of liection no< land v.. hell

15 shall. subject to the provision of tbe Land AlienatioD Act. not be considered fraudulent
as fraudulent preference under the Jaw of insolvency nor shall such alienation preference.
b.: voidable under section 53 of the Transfer of Property Act.
J Substituted by Act XXII. 1952.

21
 322 Agriculturists' Debt Relief.

&rohppal 23. No appeal or application for revision shall lie against any order
or reYi,lon. passed by a Board:
Provided that the President of the Union may call for any proceeding of
any Board. or alter any order passed by any Board. where it appears to be
illegal or perverse.

14. The Board may. on application either by a debtor or a creditor made

within 30 days of the passing of an order or on its own motion at any time.
review an oede, passed by it and pass such other order in reference thereto as
it thinks fit:
Provided that no l1rdcr shall be varied or reversed unless notice has
been given to all persons interested to appear and be heard.

APl"cuanec :IS. In any proceedings befofe a Board any party may appear in person
of pa,ty or be permitted to appear by 'lR agent authorized in writing or by a legal
before Do:lId
bYilll:tntor practitioner on his behalf.
leC:l1 pTacti
tioJler.

Sbyof 26. Where an application has been made to a Board under section 4.
pendU.( roil any suit. appeal pr other proceedings then pending beCore a civil Court in
0(" proece-
dlo,. respect of any dcbt for the settlement of which the application has been made.
shall be stayed until the Board has rejected or dismissed the application.

SubmbNlll'l 27. Where in the course of an enquiry into an application made under
01 re[lOl1s by section 4 a Board finds that there is any sum o~ing by the debtor to Govern-
&ard re-
JUding .....n' ment on aC(ounl of loans advanced under the Agriculturists Loans Act or the
dl;t to Land ]mpro\'cment Loans Act. or otherwise. tbe Board shall report this
Go"-enllntnt. fact to the Collector.

Allow:lQCO 01 21. ]n calculating tbe period of limitation for lIny suit filed in. or
t1ll3t {Of proceedings before. a civil Court for the recovery of a debt which was Ihe
lialil:ltion.
subject of any proceedings under this Act. the time during which such
proceedings continued as well as the time taken for obtaining a certified copy
of the order of the Board shall be excluded.

)femhen of 29. The members of II Board shall be deemed to be public servants

a Bo:lfd within Ihe meaning of the Penal Code.
deemed to be
publto:
urvant.
Bar 10 Itl:ll 38. No suil or other proceeding shalt lie against any member of the
proceedUiI" Board (or any act in good faith done or inlcnded to be done under this Act.

Power to 31. (I) The Presidenl of the Union may make ruleS I 10 carry out all or
lIlUe nlic" any purposes or Ihis ACI and not inconsistent Iberewith.

I tO(" such r\!Jet. Ut Oll'_ c.:dte. 1948, hrt I, pal:C 106S.

 Agricullurisls' Debl Relief. 323

lZ) [n particular. and without prejudice to the generality of the

foregoing power. he shall have power to make rules--
(a) prescribing the constitution of and quorum for and procedure before
a Board;
(b) prescribing the manner in which notices shall be issued and
served or published under sub-section (I) of section 9 ;
(e) prescribing the charges 10 be made by the Board for anything done
under this Act anI.! Ihe persons by whom and Ihe manner in
which such charges shall be paid;
(d) prescribing the records to be kept and the returns to be made by
a Board:
(e) prescribing the allowances. if any, to be paid to the Chairman and
members of a Board and to the staIr. if any. employed by the
Board:
(0 regulating the powers of a Board to summon parties and witnesses
under section 12 anel the grant of expenses to witnesses
'!"'3S*!l!l1fr.sro:,!q ~5,,"~1n :cl':3bco~&:00e", (<.0)
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 PART XXI.-INCORPOREAVRIGHTS (GOOD-
WILL AND TRADE MARKS, COPYRIGHT,
PATENTS AND DESIGNS).
lqtl J:>I UOffilloot ~\'/~rotl&~:nC:"l1
9]'J1 (iOcf)Q9Sdi8&EF~'~ att~O)05.,a8
9]'J11 f)'J\tq8\t98&~,~01 Fll>9]'J' )4 8'"(l1
THE BURMA COPYRIGHT ACT.
[INDIA ACT HI. 1914.J (24th February, 1914.)
EJ:t~nt.
CHAPTER I.
PRELIWINAJ.V.
1 I. The Copyright Act as set out in the First Schedule and with the Definition'.
modi6cations set out herein shall apply to the Union of Burma.

2. In this Act. unless there is anythiDg repugnant in the subjcct or

rontext..-
(I) .. the Copyright Act" means the Act of [Parliament of the United
16:2Geo. Kingdom of Great Britain and Ireland J1 entitled the Copyright
5. c. ~6. Act. 1911; and
(2) words and expressions de6ned in the Copyright Act have the same.
meanings as in that Act.
CHAPTER II.
CONSTRUCTION AND MODIFICATION OF THe COPYRIGHT ACT.
3. In the application to the Union of Burma of the Copyright Act (a Arplicatlon
copy of which Act. except such of the provisions thereof as arc expressly 01 C"Pyr1lht
Act to the
restricted to the United Kingdom. is set out in tbe First Schedule). the following Uniou 01
modifications shall be made. namely :- B",rma with
. adaplation
OJ the powers of the Board of Trade under ICCtion 3 shall. in thecaso
of works first published in the Union of Burma, be exercised by
the President of the Union;
(2) the powers of the Board of Trade under section 19 shall. as regards
records. perforated rolls and other contrivances. the original
plate of which was made in the Union of Burma. be exercised
by the President of the Union; and the confirmation of[Parliameot
of the United Kingdom of Great Britain and Ireland )2 shaU not
be necessary 10 the exercise of any of these powers;
I Jr.'~rled by tbe llulon Of BlUma (Adllplllti_ at La....) Order. 1941
SlIbitilliled by the tame Order
 326 Copyright.

(3) the references in section 19. subsection (4). aDd in section 24.
sub-section (I). to arbitration shall be read as references to
arbitration in accordance with the law for the time being in
force in that part of the Union of Burma in which the dispute
occurs;
(4) as regards works the authors whereof were at the time of the
making of the works resident in the Union of Burma. and as
rcogards works first published in the Union of Burma. the
reference in section 22 to the Patents and Designs Act. 1907. 1 E,Jw. \'11.
shall be construed as a reference to [the Burma Patents and c. ~9.

Designs Act: 1945.]1 and the reference in the said section to

section 86 of Ihe Patents and Designs Act. 1907. shan be 7 Edw, "11,
construed as a reference 10 [section 91]1 of [the Burma Patents c.29,
and Designs Act. t945 ];1
(5) as regards works first published in the Union of Burma. the
reference in section 24. sub-section (I). proviso (tI). to the London
Gazette lind two London newspapers shall be construed as a
(derence to the (lllzelte and two newspapers published in the
Union of Burma; lind the reference in proviso (b) of the same
sub-settion of the same section to the 26th day of July. 1910.
shall. as tegards works the authors whereof were at the time of
the making of the works resident in the Union of Burma. and
as reg;mls works tirst published in Ihe Union of Burma. be
construed as a reference (0 the 30th day of October. 1912.

MOIlifll:;\llOfl 4. (I) In the cllse of works tirst published in the Union of Burma. copy
of COl'yrlght right shall be subject to this limitation that the sole right to produce. reproduce.
u rclt:a.rds
tn1\,Ia.tiolis perform or publish a translation of the work shall subsist only for a periOd of
01 works ten years from Ihe date of the first publication of the work:
iiI sll'ublistl-
ed In the Provided that if within the said period the author. or any person to
Union of
B\lrmil. whom he has granted perm;uion so to do. publishes a translation of any such
work in any language. copyright in such work as regards the sole right to
produce. reproduce. perform or publish a translation in thai language shull not
be subject to the limitation prescribed in this sub.section.
(2) For the purposes of .ub-section (1) the expression" author" includes
the legal representative of a deceased author.

Mu~lc:l1 5. In the application of the <Copyright Act to RlusiCal works the aulhors
workt mAde whereof were al the time ('If lhe making of the works resident in the Union of
tw re~ld"llts
oi, or fint Burma. or to musical works first published in the Union of Buama. the term
I'llhllshed in, .. musical work" sh:loll. s:love as otherwise expressly provided by the Copyright
lhe {!niOll 01
Ilurnu. Act. mean .. any combination of mclody and harmony. or either of them.
which has been reduced to writing."

I S"b..lllulcd by UIC \'nlon of Il"fmll (A.,laj't"lion nl L.'\WI' Order, 1918.

 Copyright. 327

6. (I) Copies made out of the Union at Burma of any work in which copy Importation
right subsists which if made in the Union of Burma would infringe copyright. oft"opie.
and as to which the owner of the copyright gives notice in writing by himself
or his agent to the Chief Customs officer. as defined in the Sea Customs Act.
that he is desirous that such copies should not be imported into the Union of
Burma. shall not be so imported. and shall. subject to Ihe provisions of this
section. be deemed to be prohibited imports within the meaninl of section 18
of the Sea Customs Act.
(2) Before detaining any such copies. or taking any further proceedings
with a view to the con6scation thereof. such Chief Customs officer. or any
other officer appointed by the Chief Customs authority in this behalf. may
require the regulations under this section. whether as to information. security.
conditions or olher matters. to be complied with. and may satisfy himself. in
accordance with these regulations. that the copies arc such as are prohibited
by this section to be imported.
(3) The President of the Union may. by noti6cation in the Gazette. make
regulations. either general or special. respecting the detentfon and con6scation
of copies the importation of which is prohibited by this section. and the
conditions. if any. to be fulfilled before such detention and con6scation ; and
may. by such regulations. determine the information. notich and security to be
given. and the evidence requisite for any of the purpOses of this section. and
the mode of verification ot such evidence.
(4) Such regulations may apply 10 copies of all works the importation of
copies of which is prohibited by this section. or different regulations may be
made respecting different classes of such works.
(5) The regulations may provide for the informant reimbursing the
Government all expenses and damages incurred in respect of any detention
made on his information. and of any proceedings consequent on such deten-
tion. [ ]1
(6) This section shall have effect as the necessary modification of section
14 of the Copyright Act.

CHAPTER III.
PENALTIES.
7. If any person knowingly- OHeneuln
(0) makes for sale or hire any infringing~'cop)' of a work in which re.pect of
inrrinCinl
copyright subsists; or COl'l.~.
(b) sells or lets for hire. or by way Oc Uade exposes or offers for salo
or hire. any infringing copy of any such work; or
(c) distributes infringing copies of any such worle. either for the
purposes of trade or to such an extent as to affect prejudicially
the owner of the copyright; or
(d) by way of trade exhibits in public an} infringing copy of any sucb
work; or
I Omitted b}' the Union of Bunna IAdapUtir.n of
----
Laws) Order. 1948.
 328 Cop)',ight.

(e) imports for sale Or hire into the Union of Burma any infringing
: copy of any such work;
he shall be punishable with fine which may extend to twenty rupees for every
copy dealt with in contravention of this section. but not exceeding five hundred
rupees in respect of the same transaction.

Posstsslon 01 S. If any person knowingly makes. or has in his posse~sion. allY plate for
['Iato:' lor the purpose of making infringing copies of any WOrk in which copyright
I'uq'ose 01
makin4 subsists. or kno'ft'ingly and for his private profit causes any such work to be
lnfrinl:lnl: performed in public without the consent of the owner of the copyright. he
c;o['ies.
shall be punishable with 61le which may extend to five hundred rupees.
P.a\li~llIntllt t. If any person. after having been previously convicted of an offence
oo~d
COI1vlctiUlh
punishable under section 7 or seetion 8. is subsequently convicted of an offence
punishable under either of these sections. he shall be punish:able with simple
inlprisonment which may extend to one month. or with fine which may extend
to one thousand rUQCes. or with both.

l'<'Iwel <'II 10. (J) The Court before which IIny offence under this Chapter is tried
C""ITt (i,
di~f'('llIe
01 may. whether the alleged olfendcr is convicted or not. order that all copies of
Inlrlnging the work or all plates in the possession of the alleged offender. which appear
cOllies or
['l:lte. for to it to be infringing' copies. or plates for the purpose of making infringing
pvr('Oft 01 copies. be destroyed or delivered up to the owner of the copyright. or otherwise
matinl:
Inhinl:il'R dealt with as the Court Illay think fit.
l,;upin. (2) Any person affected by an order und~r sub-section (I) may. within
thirty da)'s of the date of such order. appeal to the Court to which appeals
from the Court making the order ordinarily lie; and such appellate Court may
direct that eXl,.ocution of the order be stayed pending consideration of the appc!al.
Cocnlunce 11. No Court inferior to that of a Magistrate of the first class sball try
0( Ocnccl.
any offence against this Act.
S.lIl'ing in 11, The provisions of this Chapter shall not apply to any case to which
tA>le vi ill.'
hinlo:clIlcnt section } of the Copyright Act. regarding the restrictions on remedies in the
by l,;\fllstrw;- case of a work of architecture. applies.
lion 01
b:lit.\lng.

CHAPTER IV

MISCELLANEOUS.
13. Every suit or other civil proceedine; regarding infringement of copy-
"""'"
hlvin&: chi!
jllri<dictiura
right shall be instituted and tried in the High Court or the Court of the
regardi"&: in- District Judge.
frlnr:cmenl
0( CO(l)"ti&ht.
114.
I Omitted by the Unl\J1l of Dunnl. (Adaptation of Law., Ordr. 1941.
 Copyright. 329

THE FIRST SCHEDULE.

PORTIONS OF THE COPYRIGHT ACT APPLICABLE TO THE UNION OF BURMA.

(See Section 3.)

COPYRIGHT ACT. 1911.

[I & 2 Gro. S. CH. 46.]

ARRANGEMENT OF SECTIONS.

PART I.
IMPERIAL COPYRIGHT.

Rig!tls.
Sections.
\. Copyright.
2. Infringement of copyright.
3. Term of copyright.
4. Compulsory lic~nces.
5. Ownership of copyright. etc.

Civil Rt'mt'dies.
6. Civil remedies for infringement of copyright.
7. Rights of owner against persons possessing Or dealing with infringing
copies. etc.
8. Exemption of innocent infringer from liability to pay damages. etc.
9. Restriction on remedies in the case of architecture.
10. Limitation of actions.

Imporcotion 0/ Copies.
14. Importation of copies.

Deli."", of Booles 10 Government.

15. Delivery of copies to Government aDd other persons

Special Provisions as to clrlain Works.

16. Works of joint authors.
17. Posthumous works.
J 8. Provisions as to Governm~nt publications.
19. Provisions as to mechanical instruments.
20. Provision as to political speeches.
21. Provisions as to photographs.
22. Provisions as 10 designs.
330 Copyright.

S~cljonl.

23. Works of foreign authors first published in the Union of Burma.

24. Existing work'l.

25.-30.
PART Ill.
SUPPLEMENTAL PROVISIONS.

31. Abrogation of common law rights.

32. Pro\iisions as to .orders in Council.
33--.34.
35. Interpretation.
36.-37.

SCIIE-nuu:s.
CHAPTER 46.
All Acf to a11/"tul aJld cOIIsf,tidalr ,!It' LAw ,datillg 10 CoPyri8h,.
[16th December, 191/.]

PART I
IMPr:RII\L COPYRIOIIT.

Ri.r:"ts.
"
11. (1) Subject to the provisions of this Act. copyright shall subsist for
the term hereinafter mentioned in every original literary. dramatic. musical
and artistic work. il-
(a) in the case of a published work. the work was first published
within the Union of Burma; and
(bl in the case of an unpublished work. the author was at the date
of the making of the work 11 citizen of the Union or resident
wilhin the Union of Burma;
but in no other works. except so far as the protection conferred by this Act
is extended by notification by the President of the Union to foreign countries.
(2) For the purposes of this Act." copyright" means the sale right to
produce or reproduce the work or any substantial part thereof in any material
form whatsoever. to perform. or jn the case of a lecture to deliver. the work
or any substantial part thereof irf public; if the work is unpublished. to publish
the work or an) substantial part thereof: and shall include the sole right-
(a) to produce. reproduce. perform. or publish any translation of the
work:
(b) in the case of a dramatic work. to convert it into a novel or other
non-dramatic work:
I A,ncmkd b)' the U.io>n .If IJllnn:l (,\J:ll'bti.MI "f 1.:IwJI Order. 1948.
 Copyright. 331

(d in the case of a novel or other nondramatic work. or of an artistic

work. to convert it into a dramatic work. by way of performance
in public or otherwise;
(d) in the case of a literary. dramatic or musical work. to make any
record. perforated roll. cinematograph film. or other contrivance by
means of which the work may be mechanically performed or
delivered;
and to authorize any such acts as aforesaid.
(3) For the purposes of this Act. publication. in relation to any work.
means the issue of copies of the work to the public. and does not include tbe
performance in public of a dramatic or musical work-. the delivery in public of
a lecture. the exhibition in public of an artistic work. or the construction of an
architectural work of art. but for the purposes of this provision. the issue of
photographs and engravings of works of sculpture and architectural works of art
shall not be deemed to be publication of such worles.

2. (1) Copyright in a work shall be deemed to be infri'flged by any person Inlrln~e

who. without the consent of the owner of the copyright. does anything the sole ment 01
coPyr1ibl.
right to do which is by this Act conferred on the owner of the copyright:
Provided that the following acts sha'l not constitute In infringement of
copyright :-
(j) Any fair dealing with any work for the purposes of private study.
research. criticism. review. or newspaper summary:
(ii) Where the author of an artistic work is not the Owner of Ihe
copyright thereitl. lhe use by the author of any mould. cast.
sketch. plan. model. or study made by him for the purpose of the
work. provided that he does not thereby repeat or imitate the
main design of that work :
(iii) The making or publishing of paintings. drawings. engravings or
photographs of a work of sculpture or artistic cr:lrtsmanship. if
permanently situate in a public place Or building or the making or
publishing of paintings. drawings. engravings Or photographs
(which are not in the nature of architectural drawings or
plans) of any architeclural work of art:
Ov) The publication in a collection. mainly composed of non-copyright
malter. bona /ide intended for the use of schools. and so described
in the title and in any ad,,ertisements issued by the publisher. of
short passages from published literary works not then1selves
published for the use of schoofs in which copyright subsists:
Provided lhlt not more than two of such passages from works
by the same author are published by Ihe same publisher within
fhe years. and that the source from which such passages are laken
is acknowledged:
(v) The publication in a newspaper of a reporl of a lecture delivered
in public. unless the report is prOhibited by conspicuous written
Or prinled notice affixed before and maintained during the lecture
 332 Copyright.

at or about the main entrance of the building in which the lecture

is given. and. cltcept whilst the building is being used for public
worship, in a position near the lecturer; but nothing in this
paragraph shall affect the provisions in paragraph (i) as to
newspaper summaries :
(vi) The reading or recil31ion in public by one person of any
reasonable exlract from any published work.
(Z) Copyright in a work shall also be deemed to be infringed by
any person who-
(a) sells or lets fer hire. or by way of trade exposes or offers for sale or
hire. or
(b) distributes either (or the purposes of trade or to such an extent as
to aUect prejudicially the owner of the copyright. or
(d by way of trade exhibits in public. or
(d) imports for SOlie or hire C* .]1
any work which to flis knowledge infringes copyright or would infringe copyright
if it had been made within the Union of Burma in or into which the sale or
hiring. exposure. offering for sale or hire. distribution. exhibition. or
importation took place.
(3) Copyright in 11 work shall also be deemed to be infringed by any
person who for his private profit permits a theatre or other place of entertain.
ment to be used for the performllnce in public of the work without the consent
of the owner of the copyright. unless he was not aWilre. and had no reasonable
ground for suspecting. that the performance 'would be an infringement of
copyright.
3. The term for which copyright sball subsist shall. except as otherwise
expressly provided by this Act. be the life of Ihe author and a period of fifty
years OIfter his death:
Provided that at an)' time after the e:o;piralion of twenty.five years. or in
the case of a work in which copyright subsists at the passing of this Act.
thirty years. from the death of the author of a published work. copyright in
the work shall not be deemed to be infringed by lhe reproduction of the ,"ork
for sale if the person reproducing the work proves that he has given the
prescribed notice in writing of his intention to reproduce the work. and that he
hus paid in Ihe prescribed manner 10. or for the ben~fit of. the owner of the
copyrisht royalties in respecl of ,all copies of the work sold by him calculated
at Ihe rate of the ten per cent. on the price at which he publishes the work:
and. for the purposes of this proviso. the Board of Trade may make regnla-
tions prescribing the mode in which notices are to be given. and the particulars
to be given in such notices. and Ihe mode. time. and frequency of the paYlUent
of royalties. including (if tbey think. fil) regulations requiring payment in
advance or otherwise securing Ihe payment of royalties.

1 Oaulted by the UDion of Bur,o", IAlbpbiUuaol w ) OrJer.1941.

 Copyright. 333

4. If. at any time after the dc:ath of Ihe author or a literary. dramatic or Compul?TY
Ucclll.:n.
musical work which has been published or performed in public. a complaint
is made 10 [Ihe Supreme Courtt that the owner of the copyright in the work has
refused to republish or to allow the republication of the work or has refused
to allow the performance in public of the work. and that by reason of such
refusal lhe work is withheld from lhe public. the owner of the copyright may
be ordered to grant a licence to reproduce the work or perform the work in
public. as the case may be. On such terms and subject to such conditions as
[the Supreme Court] I may Ibink fit.
S. (I) Subject to the provisions of this Act. the author of a work shall Ownership
be the first owner of the copyright therein: of copyright.
etc,
Provided lhat--
(u) where. in the case of an engraving. photograph. or portrait, the
plate or other original was ordered by some other person and
was made for valuable consideration in pursuance of that Order.
then. in the absence of any agreement to the contrary. the per
son by whom such plate or other original w~s ordered shall be
the first owner of the copyright:
(b) where the author was in the employnlent of. some other person
under a contract of service or apprenticeship and the work was
made in the course of his employment by that person. the person
by whom the author was employed shall. in the absence of any
agreement to the contrary. be the first owner of the copyright.
but where the work is an article or other contribution to a news-
paper. magazine;' or similar periodical. there shall. ill the absence
of any agreement lO the contrary. be deemed to be reserved to
tbe author a right to restrain the publication of the work. other-
wise than as part of a newspaper. magazine. or similar periodical.
(2) The owner of the copyright in any work may assign the right. either
wholly or partially. and either generally or subjecllO limitations. [to the Go\'ern-
ment].1 and eilher for the whole term of the copyright or for any part thereof.
and may grant any interest in the right by licence. but no such assignment or
grant shall be valid unless it is in writing signed by the owner of the right in
respect of which the assignment or grant is made. or by his duly authorized
agent:
Provided that. where the author of a work is the first owner of the copy-
right therein. no assignment of the copyright. and no grant of any interest
therein made by him (otherwise than by ;""11) afler the passing of this Act.
shaJI be operative to vest in the assignee or grantee any rights with respect to
the copyright in the work beyond the expiration of twenty-five years from the
death of the author. and the reversionary interest in the copyright expectant
on the termination of that period shall. on the death of the author. notwith-
standing any agreement to the contrary. devolve on his legal ftersonal
I Subatiluted by the Union of Burllla (AdaplaUon of Lilw.) Order, 1948.
 334 Copyright.

representatives as part of his estate. and any agreement entered into by bim
as to the disposition of such reversionary interest shall be null and void, but
nothing in this proviso shall be construed as applying to the assignment of the
copyright in a collective work or a licence to publish a work or part of a
work as part of a collective work.
(J) Where, under any partial assignment of copyright. the assignee
becomes entitled to any right comprised in copyright, the assignee. as respects
the rights so assigned. and the assignor. as respects the rights not assigned.
shall be trea~d for lhe purposes of this Act as the owner of the copyright,
and the provisions of this Act shall have eliect accordingly.

Civil Rcmcdies.
Cil'il ncme- 6. (I) Where copyright in any work has been infringed. the owner of the
dies lor in-
fringement copyright shall. except as otherwise provided by this Act. be entitle'" to all
of COI')'ri~lIt. such remedies by way of injunction or interdict. damages. accounts. and
otherwise. as arc or may be conferred by law for the infringement of a right.
(2) The costs of all parties in any proceedings in respect of the infringe
ment of copyright shall be in the absolute discretion of the Court.
(3) In any action for infringement of copyright in any work. the work
shall be presumed to be a work in which copyright subsists and the plaintiff
shall be presumed to. be IIle owner of the copyright. unless the defendant puts
in issue the existence of the copyright. or as the case may be. the title of the
plaintiff. and whcre any such question is in issue. then-
(u) if a name purporting to be that of the author of the work is printed
or otherwise indicated tbereon in the usual manner. the person
whose name is so printed or indicated shall. unless tbe contrary
is proved, be presumed to be the author of the work;
(b) if no name is so printed or indicated. or if the name so printed or
indicated is not the author's true name or the name by which he
is commonly known, and a name purporting to be tbat of the
publisher or proprietor of the work is printed or otherwise
indicated thereon in the usual manner. the person whose name is
so printed or indicated shall. unless the contrary is proved. be
presunled to be the owner of the copyright in the work for the
purposes of proceedings in respect of the infringement of copy
right therein.

Right. of 1. All infringing copies of any work in which copyright subsists. or of

owner any substantial part thereof. and'all platcs used or intended to be used for the
again.t
p.r""'~ 1"0'- production of such infringing copies. shall be deemed to be the propeqy of
IClI,ill~ or
dcalilll: wilh the owner of the copyright. who accordingly may take proceedings for the
infrlnginJf recovery of the possession thereof or in respect of the conversion thereof.
copies. etc.
Enrnption e. Where proceedings arc taken in respect of the infringement of the
of Imll>l:~nt copyright in lmy work and the defcnd:mt in his defence alleges that he was
illfrin,er
not aware of tbe cxistence of the copyright in the work, tbe plaintiff shall not be
 Copyright. 33'
entitled to any remedy other than an injunction or interdict in respect of the (rullI lIabil
It)' to p;l),
infringement if the defendant proves that at the dale of the infringement be dama,u,
was nOl aware. and had not reasonable ground for suspecting. Ihat copyright cle.
subsisted in the work.
9. (I) Where the construction of a building or other Slructurc which WCllricijoa
jnrring.:s or which, if completed. would infringe the copyright in some other on r"medic.
in tbe(ue
work has been commenced. the owner of the copyright shall not be elltiUed to of arcbitec-
obtain an injunction or interdict to restrain tbe construction of such building lI.r".
or structure or to order its demolition.
(2) Such of the other provisions of this Act as provide that an infringing
copy of a work shall be deemed (0 be the property o(thc owner of the copyright.
or as impose summary penallies. shall not apply in any case to which this
section applies.
10. An action in respect of infringement of copyright shall nol be com- Limitalion
menced after tbe expiration of three years next after the infringement . of actioa

Jmportcu;un 0/ CUp;ts.
14. (I) Copies made out of the United Kingdom of any work in whicb Importatioa
copyright sub~ists which if made in the United Kingdom would infringe of topic
copyright. and as to which the owner of the copyright gives notice in writing
by himself or his agent to tl)C Commissioners of Customs and Excise that he
is desirous that such copies should not be imported into the United Kingdom.

" ...
Yd, c. 36.
shall not be so imported. and shall. subject to the provisions of this $Ction.
he deemed to be included in the table of prohibitions and restrictions con
tOlioed in section 42 of the Cusloms COnsolidation Act. 1876. and Ihat scelion
shall apply accordingly.
(2) Before detaining any such copies or taking any furCher proceedings
with a view to the fOlfeiture thereof under the law relating to the Customs.
the Commissioners of Customs and Excise may require thc regulations under
this section. whether as to information. conditions. or other matters. to be
complied with. and may satisfy themselves in accordance with those regulalions
that the copies are such as are prohibited by this seclion to be imporled.
(3) The Commissioners of Customs and Excise may make regulations.
either general or special. respcctins the detention and forfeiture of copies the
importation of which is prohibitcd by this '.,ction. and Ihe conditions. if any.
to be fulfilled before such detention and forfeiture. and may. by sucb regula-
tions. determine the information. notices. and security to be given. and the
evidence requisite for any of the purpo5Cs of this seclion. ud the mode of
,"erification of such evidence.
(4) The regulations may apply 10 copies of all works the importation of
copies of which is prohibited by this s~ction. or different regulations may be
made resp~cting different classes of such works.
 336 Copyright.

(5) The regulations may provide for the informant reimbursing the
Commissioners of Customs and Excise all e!tpense, and damagcs incurred in
respect of any detention made on his information and of any proceedings
consequent on such detention; and may provide for notices under any enact
ment repealed by this Act being treated as noticcs given under this section:
(6) The foregoing provisions of this scction shall have effect as if they
were part of the Customs Consolidation Act. 1876: Provided that. notwith-
standing anything in that Act. the Isle of Man shall not be treated as part of
the United Kiru;dom for the purpoSes of this sc<:tion.
(7) This section shall. with the necessary modifications. apply to the
importation into a British possession to which this Act extends of copies of
works made out of that possession.
Odil!~ry 01 Boob to GlJI'ernnumt.

Dl:U"uy 01 15. (I) The publisher of every book published in the (Union of BurmaJl
cOSric-lo shall. within one month after the publication. deliver. at his own expense. a
Goc:rnmUlI
and olher copy of the boo\. to the [Government]l. who shall give a wriuen receipt for it.
renorn. (2) He shall' also. if written demand is made before the expiration of
twelve monlhs afler publication, deliver within one month alief receipt of
that written demand or. if the demand was made before publication. within
one month after publication. [to some person named in the demOlnd one or
more copies of the book but so as not to exceed five in number in any case).'
In the case of an encyclop:tedia. newspOlpcr, review, magazine. or work publi-
shed in a series of numbers or parts. the written demand may include all
numbers or pOlrts of the work which may be subsequently publishcd.
(3) The copy delivered Co the [Government]l shall be a copy of the whole
book with alt maps and illustrations belonging thereto finished and coloured
in the same manner as the best copies of the book arc published. and shall
be bound, sewed. or stitched togelher. and on lhe best pOlper on which the
book is printed.
(4) The copy delivered (in pursuance of sub-section (2)] 1 shOlIJ be on
Ihe paper on which lhe 100rgest number of copies of the book is printed for
sale. and shall be in the like condition as the books prepared for sale.
1(5)
(6) If a publisher fails to comply with this seclion. he shall be liable on
summary conviction to a fine not exceeding five pounds and the value of the
book. and the fine shan be paid to the trustees or authority to whom the
book ought to have been delivered.
(i') For the purposes of It.is section, the expression .. book .. includes
every part or division of a bOok. panlphlel. shut of letter-press. Sheet of
music. map. plan. chart or table separately published. but shall not inct..ade
any second or subsequent edition of a book unless such edition contains
additiOns of alterations either in the leller-press or in the maps. prints. orother
engravings belonging thereto.
SUbstituted by the Uninn of Surllla l"da('btiOOI of La:::.:"~OnI;;;;~tt~.~.~..~,~.-----
I OullUo;d by thc talllC OrdL'l'.
 Copyright. 337

Special Provisions a8 10 certain JY orb.

16. (I) In the case of a work of joint authorship. copyright sball subsist Worhol
joint
during the life of the autbor who first dies and for a term of fifty yean i\u(hore.
after his death. or during the life of the author who dies l8$t. whichever period i.
the longer. and references in tbis Act to the period after the expiration of any
specifoi number of years from Ihe dealh of tbe author sball be construed a.
references 10 tbe period after the expiration of tbe like number of years from
the death of the author who dies flrst or after the death of t~e author who
dies last. whichever period may be the sborter. and in the provisions of thi.
Act with respect to the grant of compulsory licence-oS a reference to the date
of the deatb of the author who dies last shall be substituted for tbe reference
to the date of the death of the author.
(2) Where. in tbe case of a wOrk of joint authorship. some one or more
of the joint authors do not tatisfy tbe conditions conferring copyright laid
down by this Act. the work shall be treated for the purposes of tbis Act 81 if
the other author or authors had been the sole author or aut~on thereof:
Provided that the term of the cop)right shall be the same as it would
have been if all the authors had satisfied such conditions as aforesaid.
(3) For the purposes of this Act... a work of joint aut~orship .. means a
work produced by the collabou.tion of two or more .authors in which the
contribution of one autbor is not distinct from the contribution of tbe other
author or authors.
(4) Where a married woman and ber husband are joint authon of a
work the interest of such If:larried woman therein shall be her separate
property.
17. (I) In the case of a literary. dramatic or musical work. or an
engraving. in which copyright subsists at the date of the death oC the author.
or in the case of a work of joint authorship at or immediately before the date
of the death of tbe author who dies tast. but which has not been published.
nor. in the case of a dramatic or musical work. been performed in public nor.
in the case of a lecture. been delivered in public. before that date. copyright
shall subsist till publication. or performance or deli\'ery in public. whichever
may first happen. and for a term of fifty years thereafter. and the proviso to
section 3 of this Act shall. in the case of such a work. apply as if the author
had died at the date of such publication or performance or delivery in public
as aforesaid.
(2) The ownership of an author's manuscript after his death. where
such ownership has been acquired under a te\tamentary disposition made by
the author and the manuscript is of a work which has not been pubJished nor
perflJrmed in public nor delivered in public. shall be prima facie proof of tbe
copyright being with the owner of the manuscripL
II. Without prejudice to any rigbts or privileges of the Government where Pro\',dollt
any work has. whether before or after the commencement of this Act. been as to Go-
.emment
prepared by or published by or under the direction or control of [- .)1 any public.Um..
Government department. the CQpyrigbt in tbe work shall. subject to aay
I Omilted by the URion of 8urma (A~OD of 1.;1,,,) Ofda', 1941.

22
 338 Copyright.

agreement with the author. belong to the [Government.]1 and in such case shall
continue for a period of fifty years from tbe date of tbe first publication of
the work.
PrO\lisi'ln' 19. (J) Copyright shall subsist in records. perforated rolls. and other
as to nlecha.
nlcallnstru- contrivances by means of which sounds may be mechanically reproduced. in
mellt., lik.e manner as if such contrivances were musical works. but the term of
copyright shall be fifty years from the making of the original plate from
which the contrivance was directly or indirectly derh'cd. and thc person who
was thc owner of such original plate at the time when such plate was made shall
be deemed to be lhe aut!tpr of the work. and. where such OWner is a body
corporate. the body corporatCl shall be deemed for the purposes of this Act
to reside within Ihe [Union of Burma if it has established a place of business
within tbe Union.]!
(2) It shall not be deemed to be an infringement of copyright in any
musical work for any person to make. [within the Union of Burma].1 records.
perforated rolls or other contrivances by means of which the work may be
mechanically perfo'rmed. if such person proves-
(a) that such contrivances have previously been made by. or with the
consept or acquiescence of. the owner of the copyright in the
work; alld
(b) that he has given the prescribed notice of his intention to make
the contrivances. and has paid in the prescribed manner to. or
for the benefit of. the owner of the copyright in the work
royalties in respect of aU such contrivances sold by him.
calculated at (he rate hereinafter m'entioned :
Provided that-
(i) notbing in this provIsIOn shaH authorize any alterations in. or
omissions from. (he work reproduced. unless contrivances
reproducing the work subject to similar alterations and omissions
have been previously made by. or with the consent or acquies
cence of. the owner of the copyright. or unless such alterations
or omissions arc reasonably necessary for the adaptation of tbe
work to (he contrivances in question; and
(ii) fo' Ib' purposos of tbis pro,ision. a musical work sball b, d'emed
(0 include any words so closely associated therewith as to form
part of the same work. but shall not be deemed to include a
contrivance by means of which sounds may be mechanically
reproduced.
(J) The rate at wbich such royalties as aforesaid are to be calcul&tcd
sbaH-
(a) in the case of contrivances sold within two years after the
commencement of tbis Act by the person waking the same. bo
two and one-half per ceot.. and
I SubsUtuied by Ule Union of Burma (Adaptation or Laws) Orckf. 1948.
 COp),;ght. 339'
(b) in the case of contrivances sold 31 aforesaid after the expiration
of tbat period. be five per cent .
on tbe ordinary retail selling price of the contrivance calculated in the
prescribed manner. so however that the royalty payable in respect of a
contrivance shall in no case be less than a half-penny for each separate
musical work in which copyright subsists reproduced thereon. and. where the
royalty calculated as aforesaid includes a fraction of a farthing. such fractioD
shall be reckoned as a farthing:
Provided that if. at any time: after the expiration of seven years from the
commencement of this Act. it appears to the Boardof Trade that such rate aJ
aforesaid is no longer equitable. the Board of Trade may. after holding a
public inquiry. make an order either decreasing or increasin& that rate to
such extent as under the circumstances may seem just. but any order SO made
shall be provisional only and shall not have any effect unless and until con-
firmed by Parliament; but where an order revising the rate has been so made
and confirmed. no further revision shall be made before the expiration of
f'Ourteen years from the date of the last revision.
(4) If any such contrivance is made reproducing two or more different
works in which copyright subsists and the owners of the copyright therein arc
different persons. the sums payable by way of roylilties under this section
shall be apportioned amongst the several owners of the copyright in such
proportions as. failing agreement. may be determined by arbitration.
(5) When any such contrivances by means of which a musical work may
be mechanical1y performed llave been made. then. for the purpose. of this
section. the Owner of the copyright in the work shall. in relation to any person
who makes the prescribed inqUiries. be deemed to have given his conscnt to
the making of such contrivances if he fails to reply to such inquiries wiehin
the prescribed time.
(6) For the purposes of this section. the Board of Trade may make
regulae ions prescribing anything which under this section is to be prescribed.
and prescribing the Illode in which notices are to be given and the particulars
to be given in such notices. and the mo:ie. lime. and frequency of the payment of
royalties. and any such regulations may. if the Board think. fit. include
regulations requiring payment in advance or otherwise securing tbe payment
of royalties.
(7) In the case of musical works published berore the commencement of
this Act. the foregoing provisions shall i\ave effect subject to the foliowiDa
modifications and additions : -
(a) The conditions as to the previOUS making by. or with tbe consent
or acquiescence of the owner of the copyright in the work. and
the reslrictions as to alterations in or omissions from tbe work
sball not apply:
(b) The rate of twO and onehalf per Cene. shall be sub.tituted for the
rate of five per cent. as the rate at which royalties are to be
calculated. bue no royalties shall be payable ill respect of
 340 Copyright.

contrivances sold before the lSt day of July. 1913. if contrivances

reproducing the same work had been lawfully made. or placed
on sale. [within the Union of Burma] I before the 1st day of
July. 1910:
(cl Notwithstanding any assignment made before the passing of this
Act of the copyright in a musical work. any rights conferred by
this Act in respect of the making. or authorizing the making of.

;~;~~~:~;:essh~rl ~:~:g 0:0w~~~h ~~~h:~r~rm~s b~e~a7h:e~i:~~

represcnt3tive~ and not to the assignees. and the royalties
aforesaid shall be payable to, and for the benefit of. the author
of the work or his legal personal representatives:
(d) The saving contained in this Act of the rights and interests arising
from, or in connection with. action taken before the COmmence
ment of this Act shall not be construed as authorizing any
person who has made contrinnces by means of which the work
may be mechanically performed to sell any such contrivances.
whether made before or after the passing of this Act. except on
the terlJls and subject to the conditions laid down in this section:
lilt ..
(8) Notwithstanding anything in this Act. where a retord. perforated roll.
or other contrivance by means of which sounds may be mechanically repro-
duced has been made before the commencement of this Act. copyright shall.
as from the commencement of this Act. subsist t~erein in like m,lImer and for
the like term as if this Act had been in force at the date of the making of the
original plate from which the contrivance waS directly or indirectly derived:
Provided that-
0) 'he person who. at the commencement of this Act. is 'he nwner of
such original plate sball b~ the first owner of such copyright;
and
liD nothing in this provision shall be construed as conferring copyright
in any such contrivance if the making thereof would have
infringed copyright in some other such contrivance. if this
provision had been in force at the time of the making of the
firstmentioned contrivance.

PTovision as 1&. Nowithstanding anything in this Act. it shall not be an infringement of

to llOliUtal copyright in an address of a pol';tical nature delivered at a public meeting to
SptttMS,
publish a report thereof in a newspaper.

Provisionl 21. The term for which copyright shall subsist in photographs shall be
as to photo. fty years from making of the original negative from which the photograph'
,r<lphs.
as directly Or indirectly derived. and the person who was owner of such negative
aUhe time when such negative was made shall be deemed to be the author of
1 :o-ubitiluled by Iht Uhion 01 BllI111a (Adapilition of La) Order. 19411.
Olnltted ,bid,
 Copyright. 341
the work. and. where such owner i. a body corporate the body corporate .hall
be deemed for the purpose. of this Act to reside within (the Union of Burma
if it has established a place of busineJl within the Union}l.

22. (') This Act sball not apply to designs capable of being registered Provldon,u
7 Edw. 7. under the Patents and Design. Act. 1907. except desig", which. though capable toded,n..
c:. 29. of being SO registered. arc not used or intended to be used as models of
patterns to be multiplied by any indllStrial process.
7 Edw. 7.
(2) General rules under section 86 of tbe Patents and Designs Act. 1907.
< 19. may be made for dClerruining the conditions under which a design shall be
deemed to be used for such purposes as aforesaid.

123. If it appears to the President that a foreign country does not aive. or Worb 01
has not undertaken to give. adequate protection to the works of Burman foreign a..t"on fir"
authors it shall be lawful for the President. by notification. to direct that such p..bli,"ed In
of tbe provisions of this Act as confer copyright on works first published tile Union 01
B"nna.
within the Union shall not apply to works published afler such date as may be
specified in the notification. the authors whereof are subjecls or citizens of such
foreign country and thereupon those provisions shall not apply to such works.

U. (I) Where any person is immediately before tbe commencement of

this Act entitled to any such right in any work as is specified in the first column
of the First Schedule to this Act. or to any interest in such a right. he shall.
as from that date. be entitled to the substituted rigbt set forth in the second
column of that schedule. or to the same interest in such a substituted right. and
to DO other right or interest. and such substituted right shall subsist for the
term for which it would have subsisted if this Act had been in force at
tbe date when tbe work wu made and the work had been one entitled to
copyright thereunder:
Provided tbat-
(0) if the author of any "ork in which any stl':h right as is Ipcci6ed in
the 6rs tcolumn of the First Schedule to this Act subsists at lhe
commencement of this Act has. before that date. assigned the
right or granted any interest therein for the whole term of the
right. then at the date when. but for the passing of this Act, the
right would have expired the substituted right conferred by thil
section sball. in tbe absence of express agreement. pan to the
author of the worle. and any interest therein created before the
commencement of this Act lind then subsisting shall determine;
but the perlOn who immediately before tbe date at which tbe
right would have 10 expired was the OViner of the right or interest
sball be entitled at his option either-
(i) on V,;nuch nolke .. h".inalt" m.ntion". to an ",'..m.nl
of the riaht or the lrant of a similar interat therein fOt the
I S.. bstit~.ed by U1. Union of Blll'IZlalAdlrtatioD of !.awl) Order. 1948.
 342 COPJrigh,.

remainder of the term of the right for such consideration as.

failing agreement. may be determined by arbitration; or
(ii) without any such assignment or grant. to continue to reproduce
or perform the work in like manner as theretofore. subject to
the payment. if demanded by the author within three years
aher the date at which the right would have so expired. of
such royalties to the author as. failing agreement. may be
determined by arbitration. or. where the work is incorporated
in a collective work and the owner of the right or interest is
the proprietor of that collective work. without any such
payment;
The notice above rererred to must be given not more than one
year nor less that six months before the date at which the
right would have 50 expired. and must be seDt by registered
post to the author. or. if he cannot with reasonable diligence
be found. advertised in the London Gazette and in two London
newspapers;
(b) where any person has. before the 26th day of July. 1910. taken any
action whereby he has incurred any expenditure or liability in
connection with the reproduction or performance of any work in
a manner which at the time was lawful. or for the purpose of or
with a \liew to the reproduction or performance of a work at a
time when such reproduction or performance would. but for the
passing of this Act. ha\le been lawful. nothing in this section
shall diminish or prejudice any riShts or interest arising from or
in connection with such action whioh arc subsisting and valuable
at the said date. unless the perSOn who by virtue of this section
becomes entitled to restrain such reproduction or performance
agrees to pay such compensation as. failing agreement. may be
determined by arbitration.
(2) For the purposes of this section. the expression" author" includes the
legal personal representatives of a deceased author.
(J) Subject to the pro\lisions of section 19. sub-sections (7) and (8). and
of section 33 of this Act. cop)'right shall not subsist in any work made before
the commencement of this Act. otherwise than under. and in accordance with.
the provisions of this section.
115_31.

P,ART III.
SUPPLEMENTAL PROVISIONS.

Abrt>g:ltion 31. No penon shall be entitled to copyright or any similar right in a"ny
of common literary. dramatic. musical Or artistic work. whether published or unpublished.
law ri~htl.
otherwise than under and in accordance with Ihe pro\lisions of tbis Act. or of
any other .tltutory enlctment ror the time being in force. but nothing in this
, Omitted by \be Unioa of B:uma tAdalltatKM:! Of Laws) 0*1'. 1941.
 Copyright. 343

section shall be construed as abrogating any right or jurisdiction to restrain a

breach of trust or confidence.
131e34.
35. (I) In this Act. unless the context otherwise requires.-
"literary work" includes maps. charts. plans. tables. and compilations; Intcrprc
tatiOIl
"dramatic work" includes any piece for recitation. choreographic work:
or eotertainment in dumb show. the scenic arrangement or acting
form of which is fixed in writing or other.wise. and any
cinematograph production where the arrangement or acting form
or the combination of incidents repr~seDted give the work an
original character ;
u artistic work" includes works of painting. drawing. sculpture and

artistic craftsmanship. and architectural works of art and

engravings and photographs;
work of sculpture" includes casts and models;
.. architectural work of art .. means any building or structure having an
artistic character or design. in rrspect of suchcharacter or design.
or any model for such building or structure. provided that the
protection afforded by this Act shall be cOI\fi.ned to the artistic
character and design and shaH not extend to processes or methods
of construction;
u engravings" include etchings. lithographs. wood-cuts. prints. and

other similar works. not being photographs;

.. photograph" includes photolithograph and any work piodueed by
any process analogous to photography;
u cinematograph" includes any work produced by any process
analogous to cinematography;
collective work means-
(a) an enc)'clopzdia. dictionary. year book. or similar work
(b) a newspaper. review. magazine. or similar periodical; and
(c) any work written in distinct parts by different authors. or in
which works or parts of works of different authors arc
incorporated ;
.. infringing." when applied to a copy of a work in which copyright
subsists. means any copy. including any colourable imitation
made or imponed in contravention of the provisions of this Act;
.. performance" means any acoustic representation of a work and any
visual representation of any dfllmatic action in a work. including
such a representation made py means of any mechanical
instrument;
.. delivery:' in relation to a lecture, includes delivery by means of any
mechanical instrument;
.. plate" includes any stereotype or other plate. stone. block. mould.
matrix.transfer. or negative used Or intended to be used for printin&
I OmilteJ by the Union 01 Burma (Adaptation of LaWI) Order, 19U.
 Copyright.

or reproducing copies of any work. and any matrix or other

appliance by which records. perforated roUs or other contrivances
for the acoustic representation at the work arc or are intended to
be made;
"lecture" includes address. speech, and sermon:
1

(2) For the purposes of chis Act (other Ihan those relating to infringe_
ments of copyrightJ, a work shall Dot be deemed to be published or performed
in public. and a lecture shall not be deemed to be delivered in public. if
published. performed in public. or delivered in public. without the consent
or acquiescence of the author. his executors. administrators or assigns.
(3) For the purposes of this Act. a work shall be deemed to be first
published within the [Union of Burma]. 2 notwithstanding that it has been
published simuh.aneousJy in some otber place. unless che publication in
[the said Union] t i!) colourable only and is not intended to satisfy the
reasonable requirements of the public. and a work shall be deemed to be
published simu1tan~ously in two places if the time between the publication in
one such place and the publication in the other place does not exceed fourteen
days. or such longer period as may, for the time being. be fixed by [notifica-
tion by the President of the Union).'
(4) Where. in tfle case of an unpublished work. the making of a work
has extended over a considerable period. the conditions at this Act conferring
copyright shall be deemed 10 have been complird with if the author was.
during any substantial part of tbat period. a British subject or a resident
within the [Union of Burma.) t ,.
(5) For the purposes of the provisions of this Act as to residence. an
author of a work shall be deemed to be a resident in the [Union of Burma)'
if he is domicil.d [within the Union).!

, 36-37.

----
I OmiLtcd by Ibe l:llion o Burma (AdaptaU.on oj' Law.) Order,19018
Subtlituted b) the tame Order.
 Copyright. 345

SCHEDULES.

FIRST SCHEDULE.
(Section 14.)
EXISTING RIGHTS.

Substituted Right.

(al /".11u C4U of Wo.IrA:s olJl:er tlltn Dra....lit; lI,d U_sit:"t Work"
.. I Copyri&ht a, de.in~"d by.hia Act.-
(b) JII the C4IU of lI.sic.1 "nd Drr"".tit: H'orh.
Both copyright and performing filtht CopyriCht al defined by tbh Act.
Coflyright, but not performing ri~ht t,;:oprrighl l'b defined by this Act, exec!'t Ihe .ole
ri~ht to perform Ihe work or any lubabntial
('Iart thereof in publft;.

Performlne ,jtM, but not Copyr1llht The wle rl,ht to perform Ute work In flUbJle
hI t none vi the other 1iChb comprised in
copyriJtht as definld ~)y IJli' ct.

In the case of.1II tUlly, article, or portionlorm!n!: part of <lUU nut pllblilhed ill a re~iew.
magazine or other periodical or work of II like nature. the rl,nt sh<loll be subject 10 any right of
(lUbli5hing the eSl:ly, article or portion in a .eparale (orm to which the author is entitled at the
commCIlcelnent of thi,. Act, or would, if thb A.:t had not been paned. have become entitled under
.celion elghtecn,of the Copyright Act, 1842

For the purposes of this SChedule the following exprelSiooJ, wbere uaed
in tbe first column thereof, have the following meanings :-
.. Copyright." in the case of a work which according to tbe Jaw in force
immediately before the commencement of this Act has not been
published before that date and statutory copyright wherein depends
on publication, includes the right at common law (if any) to
restrain publication or other dealiog with the work;
.. Performing right," in tbe case of a work which has not been
performed in public before the commencement of this Act.
includes the right at COmmon law (if any) to restrain the
performance thereof in public.

SECOND SCHEDULE.

346

THE BURMA PATENTS AND DESIGNS ACT, 1945.

CONTENTS.

Preliminary.
1. Short title and commencement.
2. Definitions.

PART I.

PATENTS.

Application for and grant of Pa/~nt.

3. Application.
4. Specifications.
5. Time for Ica.ving complete specification.
6. Provisional protection.
7. Proceedings upon application.
8. Advertisement on acceptance of application,
9. Effect of acceptance of application.
10. Opposition to grant of patent..
11. Grant and sealina, of patent.
12. Date of patent.
t 3. Effect. extent and form of patent.
14. Fraudulent applications for patents.
15. Single patent for cognate inventions.

Term of Patent.
16. Term of patent.
17. Protection of patents registered before the comm~ncement of this Act.
18. Extension of term of patent.
19. Patents of addition.
20. Restoration of lapsed patent.

Amendl1lem 0/ application or specification.

21. Amendment of application.or specification by Controller.

22. Amendment of specification by the Court.
23. Restriction on recovery of damages.

Regisur of Palems.

24. Register of Patents.

25. Patent to bind the OO\ternment.
26. Assignment of patent to the State.
 Burma Patents and Designs. 347

Compulsory Licences and Revocation.

27. Compulsory licences and revocation.
28. Revocation of patents worked outside tbe Union of Burma.
29. Effect on patents granted before tbe commencement of this Act.
30. Operation of order under section 27 or section 28.
31. Power of Controller to revoke surrendered patent.
32. Revocation of patent on public grounds.

Legal proceedings.
33. Petition for revocation of patent.
34. Notice of proceedings to persons interested.
35. Framing issue for trial before District Court.
36. Suits for infringement of patents.
37. Exemption of innocent infringer from liability for damages.
38. Reliefs in suit for infringement.
39. Certificate of validity questioned and costs thereon.
40. Transmission of decrees and orders to the Controller.
41. Hearing with assessor.
42. Graot of relief in respect of particular claims.
43. Remedy in case of groundless threats of )esal proceediDp.

Miscellaneous.
44. Grant of patents to two or more persons.
45 Public use Or knowledge of invention.
46. Disconformily.
47. Loss or destruction 01' patent.
48. Provisions as to exhibitions and readings before learned societies.
49. Special provisions as to vessels. aircraft and land vebicles.

PART II.
DESIONS.

Registration 01 Designs.
50. Application for registration of designs.
51. Registration of designs in new classes.
52. Certificate of registration.
53. Register of Designs.
Copyright in Registered Designs.
54. Cop)'right on registration,
55. Requirements before delivery on-sale.
56. Effect of disclosure on copyright.
57. Inspection of registered designs.
58. Information as to existence of copyright.
.59. Cancellation of registration.
60. Registration of design to bind the Government.
348 Burma Patents and Designs.

Industrial and International Exhibitions.

61. Provisions as to exhibitions.

Legal Proceedings.
62. Piracy of registered design.
63. Application to designs of certain provisions of the Act as to patents.
64. Protection in Burma of designs registered before the Commencement
of this Act.
PART Ill.
GENERAL.

Patent Ooice and proceedings thereat.

65. Controller of Patents and Designs and his establishment.
66. Patenl Ollie.
Fees.
67. Fees.
Provisions as /0 Registers and other Documents in the Patent Office.
68. Notice at tcust not to be entered in registers.
69. Inspection o~ and extracts from registers.
70. Information relating to patents.
71. Privilege of reports of or to the Controller.
72. Prohibition of publication of specification. drawings. etc., where
application abandoned, etc. .
73. Power of Controller to correct clerical errOrs.
74. Registration of assignments and transmissions.
75. Rectification of register.

Powers and Duties of Controller.

76. Powers of Controller in proceedings under Act.
77. Publication of patented inventions.
78. Exercise of discretionary power by Controller.
79. Power of Controller to take directions of President.
80. Refusal to grant patent. etc. in certain cases.
81. Appeals to the President.

Evidence. etc.
8'2. Certificate of ControlI~r' to be evidence.
83. Evidence before the Controller.
84. Evidence of documents in Patent Office.
85. Transmission or copies of specifications. etc., and inspections thereof.
86. Applications and notices by post.
87. Declaration by person under disability.
88. Security for costs.
 Burma Patents and Designs. 349

Agency.
89. Subscription and verification of certain documents.
90. Agency.
Powers. etc.. of the President of the Union.
91. Powcr of Prcsident to make rules.

OfJenus.
92. Wrongful use of words .. Patent Office."
Reciprocal arrangement wich Ifis Britannic Majesty's possessions or with India
or Pakistan or any State ill India or Pakistan.
93. Reciprocal arrangements with His Britannic Majesty's possessioDs or
witb India or Pakistan or any State in India or Pakistan.

94-95.
-
Schedule.

THE BURMA PATENTS AND DESIGNS ACt". 1945.-

(BURMA Acr V. 1945.]

WHEilEAS it is e:a:pedient to make legislative provision for tbe protection

of inventions and designs;

It is hereby enacted as follows :- -

PRELIMINARY.

1. (I) This Act may be called the Burma Patents and Designs Act. Sbort title
and c. m-
1945. menccmcnl.
(2) It shall come into force on such date as tbe President of the Union
may, by notification. direct.
2. In tbis Act, unless there is anything repugnant in the subject or DelUlUiODl.
conte:a:t._
(I) .. anicle" means (as respects designs) any article of manufacture
and an)' substance. anificial or natural. or partly artificial and
panly natural;
(2) .. Controller" means the Con'troller ot Patents and Designs
appointed under this Act;
(3) .. copyright" means the exclusive right to apply a design to any
article in any class in Which the design is registered;
(4) .. de~i8n" means only the fealUres of shape. configuration.
pattern or ornament applied to any article by any industrial
J'ublished. in Commerce and Supplies Department NotifiC3tiQft No.8. daled the lrd AUilWlt,
945.Id rt""bhshed in Bur",. G.ultt.I946. Part I, pajl;t 136. This Ad has not rd beea
rouht hllo force.
 350 Burma Paten/s and Designs.

process or means. whether manual. mechanical Or chemical.

separate or combined. which in the finished article appeal to
and are judged solely by the eye; but does not include any
mode or principle of construction, or anything which is in
substance a mere mechanical device. and docs not include any
trade mark. as defined in section 478. or property mark. 81
defined in section 479. of the Penal Code:
(5) .. District Court" includes the High Court in the exercise of its
ordinary original civil jurisdiction;
(6) .. High Courl -: means the [ High Court J1 :
(7) .. invention" means any manner of new manufacture and includes
an improvement and an alleged invention:
(8) "legal representative" means l:l. person who in law represents the
estate of a deecased person;
(9) .. manufacture" includes any art, process or manner of producing.
preparing or making an article. and also any article prepared or
produced by manufacture;
(10) .. patent" mellns a patent granted under the provisions of this
Act; ,
(I I) .. patentee" means the person for the time being entered on the
register of patents kept under this Act as the grantee or pro-
prietor of the patent;
(12) .. prescribed It means prescribed by rules under this Act;
(13) .. proprietor of a new or original desi~n "-
(a) where the author of the design. for good consideration. executes
the work for some other person. means the person for whom
the design is so executed. and
(b) where any person acquires the design or the right to apply the
design to any article. either exclusively of any other person or
otherwise. means. in the respect and to the extent in and to
which tbe design or right is so acquired. the person by whom
the design or rigbt is so acquired, and
(c) in any other case, means the author of the design; and where
the property in. or the right to apply, the design has devolved
from the original proprietor upon any other person. includes
that other person.

'PART I.
PATENTS.

Application for and Gran' of Paun,.

ArpllQtioa. 3. (I) An application for a patent may be made by any person whether
be is a (citizen of the Union] 1 or DOt. and ....hether alone or jointly with any
other person.
1 SublUluted by the Union of Burma (Adaptation of WWI} Order. 1941.
 Burma Patenll and Designs. 351

(2) The application shall be made in the prescribed form. and shall be
left at the Patent Office in the prescribed manner.
(]) The application shall coma in a declaration to the effect that the
applicant is in possession of an invention. whereof he. or in the case of a
joint application one at least of the applicants. claims to be the true and first
inventor or the legal representative or assign of such inventor and for which
he desires to obtain a patent. and shall be accompanied by either a provisional
or complete specification and by the prescribed fee.
(4) Where the true and first inventor is not a party toothe application.
the application shall contain a statement of his name. and such particulars for
his identification as may be prescribed. and the applicant must show that be
is tbe legal representative or assign of such inventor.
4. (I) A provisional specification must describe tbe nature of the ~pecifiQ.o
invention. tion..
(2) A complete specification must particularly describe and ascertain the
nature of the invention and the manner in which the same is to be
performed.
(3) A specification. whether provisional Ot complete. must commence
with the title. and in the case of a complete specification must end with a
distinct statement. of tbe inventions claimed. .
(4) Where the Controller deems it desirable. he may require that suitable
drawings shall be supplied at any time before the acceptance of the applica.
tion. and such drawings shall be deemed to form part of the complete
specification.
(5) If in any particular case the ContrOller considers tbat an application
should be further supplemented by a model or sample of anything illustrating
the invention or alleged to constitute .. n invemion. such model or sample as
he may require shall be furnished before the acceptance of the application.
but such model or sample shall not be deemed to form part of the
5pecification.
(6) The Controller may. where the application was accompanied by a
specification purporting to be a complete specification. if the applicant so
requests. treat the specification as a provi~ional specification and proceed witb
the application accordingly.

S. (I) If the applicant does not leave a complete specification with his TIme for
application. he may leave it at any subsequent time within nine montbs from complete
1t:a\'lna
the date of the application: .pcdficallc*.
Provided thai the said nine months shall be extended to such period. not
exceeding ten monlhs from the date of the application. as may be specitied in
a request made by the applicant to the Controller. if the request is made and
the prescribed fee is paid within Ihe period so specified.
(2) If the complete specification is not lett within the period allowable
under subsection (I). the application shall be deemed to be abandoned at the
expiration of ten months from the date thereof.
 352 Burma Patent$ and Duigns.

PtovlNOPal ,. An invention may. during the period between the date of an application
proteclloD. tor a patent therefor and the date of stalina: a patent on that application. be
used and published without prejudice to that pateDt. and such protection from
the consequences of usc and publication is in this Act. referred to as
provisional protection.
Explanarion.-In this section. tho expression .. date of an application for
a patent" means. as respects an application which is post-dated or ante-dated
under this Act. the date to which the application is so post-dated or antedated
and means, as respects any other application. tbe date on which it is actually
made.

Proced!nl' 7. (I) The Controller shall refer to an Examiner every application in

.pan respect of wbich a complete specification has been filed and if satisfied on the
aprllgUon.
report of the Examiner that.
(a) the nature of the invention or the manner in which it is to be
perform:d is not particularly described and ascertained in the
complete specification, or
(b) the application. specification and drawings have not been prepared
in the ~rescribed manner. or
(e) the title of' the specification does not sufficiently indicate the
subject-matter of the invention. or
(d) the statement of claim does not sufficiently define the invention. or
(e) where a complete specification has been left after a provisional
specification. the invention particularly described in the complete
spet:ification is not substantially the same as tbat which is
described in the provisional specification. or
(f) the invention as described and claimed is primd facie not a manner
of new manufacture or improvement. or
(I) the specification relates to more than one invention. or
(h) in the case of an application claiming priority under section 93. the
specification describes and claims an invention substantially larger
than or substantially different from the invention disclosed in the
specification filed with the application DI.lde outside the Union of
Burma by virtue of which priority is claimed. or
(I) in the case of an application for a patent of addition under section
19. the invention described and claimed in the specification is
not an improvement r or modification of tbat described and
claimed in the origin:.11 specification.
be may refuse to accept the application. or require that tbe application.
specification or drawings be amended before he proceeds with tbe applica-
tion : and in Ihe laner case the application shall. if the Controller so directs.
bear date as from the !ime when the requirement is complied with:
Provided that. when a specification comprises more than one invention.
the application shalt. if the Controller or the applicant so requiru. be restricted
to one invention and the other inventions ClaY be made the subjectmatter of
 Burma Palen's IIIId De,i,,,, 35)

fresh applications; and any such fresh application shall be proceeded with as
a substantive applic:ttion. but the Conlroller may. in his discretion. direct that
any such fresh applicalion made before lhe acceplance of the original appJica.
tion shall bear the date of the origiaal application or such later date as he
may fix. and the fresh application shall be deemed. for the purposes of this
Act. to have been made on the date whicb it bears in accordance with
such direction :
Provided further that where a complete specification is left after a
provisional specific:lIion. the Controller may. if the applicant so requests.
eancel the provisional specification and direcl that the applicalion shall
be deemed to have been made on the date on which 'he complete specification
was left. and proceed with the application accordingly.
(2) If lhe Controller considers. at any time before the acceptance of an
application. that the invention claimed therein has been wholly or in part claimed
in a specification published on or after the date which the patent applied for
would bear if granted. appertaining to an application for a patent which if
granted will be of prior date to the patent applied for. he .may require that
the applicant's specification may be amended by the insertion of a rderence
to such other specification, by way of notice to the public.
(3) Where the Controller refuses to accept an application or requires an
amendment or the insenion of:l reference the applicant may appeal frOm his
decision to the President of the Union.
(4) The investigations required by this section shall not be held in any
way to guarantee the validity of any patent. and no liability shall be incurred
by the President of the Un ian or any officer by reason of. or in connec-
tion with. any such investigation, or any proceeding consequent thereon.
(5) Unless an application is accepted witbin eighteen months from Ihe
date of the application. the application shall (except where an appeal has been
lodged) be deemed to have been refused: Provided that where. before or within
three months after the ex.piration of the said period of eighteen months. a
request is made to the Controller for an extension of time the application shall.
on payment of the prescribld fcc. be continued for any period so requested
not ex;ceeding in all three months from the expiration of the said period of
eighteen months.
I. On the acceptance of an application Ibe Controller shall live notice Alhcrllac
IIIcnl on
Ihereof to the applicant an:! shall advertise the acceptance in Ihe manDer 300:~ccol
prescribed; and the application and specifications with tbe drawings (if any) appliall(.IQ.
shall be open to public inspection.
to t. After the acceptance of an application and until the date of sealing a Eleel uf

patent in respect thereof. or the expiration ot the time for scaling. the aa:cplance ohppJica-
applicant shall have Ihe like privileges and rights as if a patent for Ihe inven- tioP.
tion had been ~ealed on the date of the acceptance of ~he application:
Provided that the applicant shall not be t.ntitled to institute any proceedio..
for infringement until the pateOI has been sealed. .

23
 Burma Palenf3 and De3ilJfU.

Op('OlllUon 10. (I) Any person may. on payment of the prescribed fee. at any time
to grant of within ninet) days from the date of the advertisement of tbe acceptance ot an
Piltent.
application. give notice at the Patent Office of opposition to the grant of the
patent on any ot the following grounds. namely-
(a) that the applicant obtained the invention from him. or from a
person of whom he is the legal represemative or assign; or
(b) that the invention has been claimed in any specification
filed in the Union of Burma which is or will be of prior date
10tlthe patent. the grant of which is opposed; or
(d that the nature of the in,,.ention or the manner in which it is to
be performe:l is not sufficiently or fairly described and
ascertained in the specifications; or
(d) that the invention has been publicly uscd in any part of the
Union of Burma or has been made publicly known in any part
of the Union of Burma: or
(f') that the complete specification describes or claims an invention
other rhan that described in the provisional specification. and
that such other invention either forms the subject of an applica
tion made by the opponent for a patent which it granted would
bear & date in the interval between the date of the application
and the I.aving of the complete specification. or has been
made available to the public by publication in any document
published in the Union of Burma in that interval; but on nO
other ground.
(2) Where such notice is given. the ControRer shall give notice of the
opposition to the applicant. and shaJJ. on the expiration of the period of
ninely days mentioned in sub-section (I). after hearing the applicant and the
opponent. if desirous of being heard. decide on the case.
(3) The decision of the Controller shall be subject to appeal to the
President of the Union.
Gr.ant ;l,11d 11. (I) If. there is no opposition. or. in the case of opposition. if tho
Ie:lling of
p"tent. delermination is in favour of the grant of a patent. a patent shall. on payment
of the prescribed fee. be granted. subject to such conditions (if any) as the
President of the Union thinks expedient. to the applicant. or in the case of a
joint application to the applicants jointly. and the Controller shall cause tbe
patent to be scaled with the scal of the Patent Office.
(Z) Notwithstanding anything contained in sub-section (I). where-
. (a) an applicant has ag\~ed in writing that on tbe grant to him of a
patent he will assign it to another part} or to a joint applic;l.nt
and refuses to proceed with the application. or
(b) disputes arise between joint applicants as to proceeding with an
application.
the Controller. if he is satis6ed of the existence of such agreement Or that any
joint applicant or applicants ought 10 be allowed 10 proceed alone. may
 Burma Patents and Desilns. 355
direct that such other party or joint applicant or applicants may proceed with
the application accordingly and may grant a patent to bim or them. as the
case may be:
Provided that-
(i) the Controller shall not give 3ny such direction until every party
interested has had an opportunity of being heard by him. and
Oi) an appeal front any such direction shan lie to the President of the
Union.
(3) A patent shall be sealed as soon as may be. and not after the
expiration of twenty-four months from the date of application:
Fr.Jvided that-
(a) where the Controller has allowed e)ltension of tho time within
which an application may be accepted. a further extension oUour
months after the said twenty-four months shall be allowed for the
sealing of the patent;
(b) where the sealing is dela)ed by an appeal to tlJe President of the
Union or by opposition to the grant of the patent or by any
proceedings taken for obtaining a direction of the Controller under
the provisions of sub-section (2). the patent may be sealed at such
time as the Controller may direct;
(e) where the patent is granted to the legal representative of an
applicant who has died before the e)lpiration of the time which
would otherwise be allowed for sealing the patent. the patent may
be sealed at any. time within twelve months after the date of his
death or at such later time as the Controller may think tit ;
(d) where for any reason a patent cannot be sealed within tho period
allowed by any of the foregoing provisions of this section. that
period may. on payment of the prescribed fee and on compliance
with the prescribed conditions. be extended to the extent applied
for but not exceeding three months.
U. Except as otherwise expressly provided by this Act. a patent shall Date 01
be dated and sealed as of the date of the application: Pro"ided that no Patent.
proceedings shall be taken in respect of an infringement committed before the
advertisement of the acceptance of the application.
13. (I) A patent sealed with the seal of the Patent Office. shall. ElTtel. extent
subject to the other provisions of this Act. confer on the patentee the exclusive and (orm of
Palent.
pri.vilege of making. selling and using the Ulvention throughout the Union of
Burma and of authorizing others so 10 do.
(2) Every patent shall be in the prescribed form with such modifications.
if any. as the circumstances of the case may require. and shall be granted for
ODe invention only. but the specification may contain more than one claim.
and it shall not be competent for any person in a suit or other proceeding to
take any objection to a patent on the ground tbat it has been granted for marc
than one invention.
 356 Burma PtJltnls and Designs.

FrandQlent 14. (I) A patent granted to tbe true and first inventor or his legal
1l1'pllc~lionl
lor Paltnl
representative or assign shall not be invalidated by an application in fraud of
him or by protection obtained thereon or by any use or publication of the
invention subsequent to that fraudulent application during the period of
prote<:lion.
(2) Where a patent has been revoked by the High Court on the ground
that it has been obtained in fraud of the true and first inventor. or where the
grant of a patent has been refused by the Controller under section 10 on the
~round stated in,plause (a) of sub-section (I) of that section. the Controller
may. on the application of the true inventor or bis legal representative or
assign made in accordance ~ith the provisions of this Act. grant to him a
patent for the whole or any part of the invention. and the patent so granted
shall bear the same date as the patent so revoked or. in the Case of a patent the
grant of which has been reCused. the same date as would have been borne by
the patent if it had been granted: Provided that no suit shall be brought for
any infringement of the patent so granted committed before tbe actual date
when such patent was, granted.

Sinl:!e Patent 15. (I) Where the same applicant has put in two or more provisional
for coltnale specifications for inventions which arc cognate or modifications one of the
ImenliOllI.
other. and has obtained thereby concurrent provisional protection for the same.
and the Controller is or' opinion that the whole of such inventions are such as
to constitute a single invention and may properly be included in one patent. he
lOay allow one complete specification in respect of tbe whole of such
applications and grant a single patent thereon.
(Z) Such patent shall bear the date of the earliest of such applications.
but in considering the validity of the same. and in determining other questions
under this Act. the Court or the Controller. as the case may be. shall have
regard to the respective dates of the provisional specifications relating to tlte
several maHers claimed in tlte complete specification.

Term of Palenr.

Term of 16. (I) The term limited in every patent for the duration thereof shalls
Patent. save as otherwise expressly provided by this Act. be sixteen years from it.
date.
(Z) A patent shall. notwithstanding anything therein or in this Act. cease
it the patentee fails to pay the prescribed fees within the prescribed times:
Provided that where the patentee. before. or within three months after.
the ellpiration of the time for ~ayment. applies to the Controller for an
extension of time. the patent shall. on payment of such additional fee as m:':y
be prescribed. be continued or revived, as the case may be. for any period so
applied for not exceeding in aU three months from the expiration of tbe time
for payment.
(3) If any proceeding is taken in respect of an infringement of the paten
committed afler a failure to pay any fee witbin the prescribed time. an
 357

before any enlargement tbereof. the Court before wbich the proceeding is
taken may. if it thinks fit. refuse to award any damagel in reJpect of luch
infringement.
17. Notwitbstanding anything to the contrary in this Act. any right to or Protl:eUon of
1';J.tl:nl'
interest in any patent acquired or continued in the Union of Burma under the reRI.terR
India II,. Indian Palents and Designs Act. 1911. read with the India and Burma b/:f"re the
1911. ooll1mcnee-
(Transitory Provisions) Order. 1937. and the Burma Patents anti Designs Act. ment of thl.
B~rma \'1, 1939. as subsequently amended or continued. sball COntinue to be valid in the Act.
1939. Union of Burma throughout the whole period of the validityof the patent in
India or Pakistan. including such extension (if any) as may be granted under
Ina. II. tbe provisions of section IS of the Indian Patentltnd Designs Act. 1911.
1911.

1'. (I) A patentee may present a petition 10 the President of the Union term Ellen.load
...
praying that his patent may be extended for a further term; such petition p"teflL
shall be left at tbe Patent Office at least six months before the time limited for
the expiration of the patent and shall be accompanied b)' the prcscribed fee
and must be advertised by the petitioner within the prescribed time and in thc
prescribed manner.
(2) Any perSOD may. wilhin such time as may be prescribed and on
payment of the prescribed fcc. give notice to the Cootroller of objection to
the extension.
(3) Where a petition il presented under subsection (I) the President ot
the Union may. as he thinks fit. dispose of the petition himself or refer it to
the High Court for decision.
(4) If the petition be ;cferred to the High Court. on the hearing of such
petition under this section. the patentee and any person who bas given notice
UDder sub-sec::tion (2) of objection shall be made parties 10 the proceeding.
and the Controller shall be entitled 10 appear and be heard.
(~) Tbe President of the Union or tbe High Court. as the case may be.
shall in considcring tbe petition bave regard 10 the nature and merits of the
invention in rclation to the public. to the profits made on the patent. and to
all tho circumstances of the case.
(6) If it appears to tbe President olthe Union or to tbe Higb Courl. as
the case may be, that the patent has not becn sufficiently remunerative. the
President of the Union or the High Court. as tbe case may be, may by order
extend the term of the patent for a further tcrm not exceeding five or. in
exceptional cases, tcn years. or may ordcr the grant of a new patent for such
term not excecding ten ycars as may be spo;ificd in the order and SUbject to
any restriction. conditions and provisions which the President of thc Union or
tfJe Higb Court. as the case may be. may think fit; Pro...ided that any
patent so extended or sranted sball. notwitbstanding anythina therein or
in this Act. cease if the inventor fails 10 pay before the cxpiration of
eacb year the prescribed fec .
,. (I) Where a patcnt for an invcntion has been applied for or aranted Patentl of
ud the applicant or the patentee. as tbe case may be. applieJ tor a further addiLlC*.
 358 Burma Patents and DesIgns.

patent in respect of any improvement in or modification of the invention. he

may in his application for the further patent request that tbe term limited
in that patent for the duration thereof be the same as that of the original
patent or so much of that terRI as is unexpired. and. if he does so, a
patent (hereinarter referred to as a patent of addition) may be granted for
such term as aforesaid.
(2) Save as otherwise expressly provided by tbis Act. a patent of
addition shall remain in force as long as the patent for the original invention
remains in forc'e. but no longer. and in respect of a patent of addition no
fees shall be payable for renewal:

Provided that. if the patent for the original invention is revoked. then
the patent of addition shall. if the authority by which it is revoked so orders.
become an independent patent. and the fees payable and the dates when they
become payable shall be determined by its date. but its duration shall not
exceed the unexpired term of the patent for the original invention.
(3) The grant. of a patent of addition shall be conclusive evidence
that the invention is a proper subject for a patent of addition. and the
validity of the patent shall not be questioned on the ground that the invention
ought to have been 'the subject of an independent patent.

Restoration 10, (I) Where any patent has ceased owing to the failure of the patentee
of lap,ed to pay any prescribed fee within the prescribed time. the patentee may apply
Palent.
to the Controller in the prescribed manner for 'an order for the restoration
of the patent.
(2) Every such application shall contain a statement of the circumstances
which have led to the omission of the payment of the prescribed fee.
(3) If it appears front such statement that the omission was uninten-
tional or unavoidable and that no undue delay has occurred in the making of the
application. the Controller shall advertise the application in the prescribed
manner. and at any time within sixty days of the dale of the advertisement
any person may give notice of opposition at the Palent Office.
(4) Where such notice is given the Controller shall notify the applicant
thereof.
(5) After the expiration of the said period of sixty days the Conlroller
sha11 hear the case and shall issue an order either restoring the patent subject
to any .conditions and restrictions deemed to be advisable or dismissing the
application:
Provided that in every order under this section restoring a patent su-;h
provisions as may be prescribed shall be inserted for the protection of persons
who may have availed themselves of the subject-maHer of the patent after the
patent bad Ceased.
(6) An appeal shall lie from the decision of the Controller under tbis
section to the President of the Union.
 Burma Paltnll and Dtlignl. 359

11. (1) An applicant or a patentee may at any time. by requost in Amendment

writing left at the Patent Office and accompanied by tho prescribed fee. tlon 01 arrllca
or lpecl
auk leave to amend his application or specification. including drawings fll:"t~n by
forming part thereof. by way of disclaimer. correction or explanation. Slating Controller.
the nature of. and the reasons for. the proposed amendmem.
(2) If the application for a patent has not been accepted. the Controller
sball determine whether and subject to what conditions (if any) the amendment
.hall be allowed.
(3) In any other case the fequtlt and the nature of the .proposed emend
ment shall be advertised in the prescribed manner. and at any time within
ninety days from the date of the advertisement anj person may give notice at
the Patent Office of opposition to the amendment.
(4) Where such a notice is given the Controller shall give notice of the
opposition to the person making the request. and shall hear and decide
tbe case.
(5) Where no notice of opposition is aiven. or the person so giving notice
of opposition does not appear. the Controller shall determine whether and
subject to what conditio.s. if any. the amendment ought to be allowed.
(6) The decision of the Controller in either case shall be subjc<:t to an
appeal to the President of the Union.
(7) No amendment shall be allowed that woulst make the application
or specification. as amended. claim an invention substantially larger than or
substantially different from. the invention claimed by the application or
specification as it stood before amendment.
(8) Leave to amend shilll be conclusive 81 to the right of the party to
make tho amendment allowed. except in cate of fraud: and the amendment
shall be advertised in the prescribed manner. and shall in all COUrll and for
all purposes be deemed to form part of the application or spe<:ific1tion.
(9) This section shall not apply when and so long as any suit for
infringement or proceeding before a Court for the rtvocalion of the patent is
pending.
n. In any suit for infringement of a palent or proceeding before a ofAmendment
Ipcciliu_
Court for the revocation of a patent the Court may by order allow the patentee lion by lhe
to amend his specificalion by Vo'ay of disclaimer. correction or explanation in """'I.
such manner. a.nd subject to such terms as to costs. advertisement or otherwise.
u tbe Court may think. fit :
Provided that no amendment shall be SO allowed that would make the
specification. 3S amended. claim an inrention substantially larget than or
substantially different from. the invention elaimed by tbo specification a. it
_000 before the amendment; and where an application for such an order i.
made to tbe Court notice of the application shall be given to the Controller.
and tbe Controller sball bave tbe right to appear and be heard.
13. Where an ameQdment of specification by way of diSClaimer. correction Rellrlctlon
or explanation has been allowed under this Act. nO damages shall be given in on recover,
0( 4amaa
any suit in respect of the use of tbe invention before the date of the deeisioD
 360 Burma Patenl.r and Designs.

allowing the amendment unle5S the patentee establishes to the satisfaction of

the Court that his original claim was framed in good faith and with
realOnable akill and knowledge.

Register of Patents.
RCj(i.tcr 01 24. (I) There ahall be kept at the Patent Office a book called the
I';'llentl. Register of Patenll wherein shaIl be enterod the names and addresses of
grantees of patents. nOlifications of assignments and of transmissions of
patents. of lilfences under patenta. and of amendments. extensions. and
rcvocations of patents. and such other matters affecting the validity or pro-
prietorship of patcnts as may be prescribed,
(2) The regisler of patents shall be primu facie evidence of any matter
by thi, Act directed or authorized to be inserted therein,
(3) Copies of deeds. licences and any other docunlents affecting the
proprietorship in any patent or in any licence thereunder shall be supplied to
the Contro1)er in the prescribed manner for filing in the Patent Office.
Government.
Palen: 10 15. (I) Subject to the other provisions of this section. a patent shall have
bind Ihe to all intents the Jike effect as against tho Government as it has against
Uuvernment.
a subject.
(2) The officers or authorities administering ::any department of the service
of the Government may. by themselves or by such of their agents. contractors
or olhers as may be authorized in writing by them. at any time afler the
application. and after giving notice 10 the applicilnt or patentee. make. use or
exercise the invention for the service of the Govcrnment on such terms as may.
either before or after the usc (hereof. be agreed on. with the approval of the
President of the Union between such officers or authoritie5 and the applicant or
patentee. or. in default of agreement. as may be settled in the manner herein-
after provided. And the terms of any agreement or licence concluded between
the applicant or patentee and any person other (han such officers or authorities
shall be inoperative so far as concerns the malo:ing. usc or exerci!>e of the
invention for the service of the Government.
(3) Where an invention which is the subject of any patent has. before the
date of the patent. been duly recorded in a dOCument b)'. or tried by or on
behalf of. the officers or authorities administering an)" department of the service
of the Government (such invention not having been CORlmunic::ated directly or
indirectly by the applicant or patentee). such officers or authoritie5. or such of
their ;faents. contractors or other-"as may be aUlhorized in writing by them
may. after aivina notice to the applicant or patentee. make. usc or exercise the
invention so recorded or tried for the service of Ihe Governmenl. free of a'ny
ro)'ally or other payment to the applicant or patenlee. notwithstanding the
existence of the patent: Provided that if. in the opinion of such officers or
authorities. the disclosure to the applicant or patentee. as the case may be. of
the document recording the invention. or the evidence of the trial thereof would
be dotrimental to the public interest. such disclosure need not be made.
 Burma Pattnts and Dtsi,ns. 361

(4) In the event of any dispute as to the making. use or exercise of an

invention under this section. or the terms therefor. or as to the existence or
scope of any record or trial as aforesaid. the matter shall be referred to the
High Court for decision. which shall have power to refer the whole matter or
any question or issue of fact arising thereon to be tried before a special or
official referee or an arbitrator upon such terms as it may direct. The Court.
referee or arbitrator. as the case may be. may. with the consent of (he parties.
take into consideration the validity of the patent for the purposes only of the
reference and fllr the determination of the issues between. the applicant or
patentee and such officers or authorities. The Court. referee or arbitrator. in
seUling the (erms as aforesaid. shall also be entitl,d to take into consideration
any benefit or compensation which the applicant or patentee. or any other
person interested in the patent. may have received directly or indirectly from
the Government or from such officers Or authorities in respect of such patent:
Provided that. if the inventor or patentee is a servant of the Government and
the subjectmatter of the invention is certified by the President of the Union
to be connected with work done in the course of such serice. any such dispute
shall be settled by the President of Ihe Union after hearing the applicant or
patentee and ar.y other person having an interest in the invention or patent.
(5) The right to use an invention for the services of the Government
under the provisions of this section shall include the power to sell any articles
made in pursuance of such right which are no longer required for the services
of the Government.
(6) Nothing in this section shaH affect the right of tbe Government or of
any person deriving title dirs:ctly or indirectly from the Government 10 sell or
use any artiCles forfeited under any law for the time being in force relating to
customs or excise.
26. (1) The inventor of any improvement in instruments or munitions of Allij(1l111eat
of Patenl to
war may (either for or without valuable consideration) assign to the [State]l Ihe Slale.
all the benefit of the invention and of any patent obtained or to be
obtained for the invention; and the President of the Union may be a party to
the assignment.
(2) The assignment shall effectuaUy vest the benefit of the invention and
patent in the [Stale)l and all covenants and agreemenls therein contained for
keeping the invention ucret and otherwise shall be valid and effectual.
nOlwithstanding any want of valuable consideration. and may be enforced
accordingly by or on behalf of the President of the Union.
(3) Where any such assignment has boen made. the President of the Union
may. at any time before the publication of the specification. certify to the
<!ontroUer that. in the interest of the public service. the particulars of
the invention and of the manner in wbicb it is to be performed should be
kept secret.
(4) If the President of the Union so certifies. the application and
specifications. with the drawings (if any). and any amendment of the
I Subllituted by the Cnion 01 Burma IAdaptdiou of Lawll Ordcf", 1948.
 362 Burma Paten" and Designs.

specification and any copies of such documents and drawings. sball. instead
of being left in the ordinary manner at the Patent Office. be delivered to tbe
Controner in a packet sealed by authority of the President of the Union.
(5) The packet shall. until the expiration of the term during which a
patent tor the invention may be in force. be kept sealed by the Controller, and
shall not be opened save under the authority of an order of the President of
the Union.
(6) The sealed packet shall be delivered at any time during the continuance
of the patent torany person authorized by the President of the Union to receive
it. and shall. if returned to the Controller. be again kept sealed by him.
(7) On the expiratiolt of the term of the patent the sealed packet shall be
delivered to the President of the Union.
(8) Where the President of the Union certifies as afores.aid after an
application for a patent has been left at the Patent Office but before tho
publication of. the specification the application and specifications. witb the
drawings (if any), shall be forthwith placed in a packet sealed by authority of
the Controller. an<t the packet shall be subject to the foregoing provisions
respecting a packet sealcd by authority of the President of the Union.
(9) No proceeding by petition or otherwise shall lie for revocation of a
patent granted for an invention in relation to which a certificate has been given
by the President of thC' Union as aforesaid.
(10) No copy of any specification or other document or drawing by this
section required to be placed in a sealed packet. shall in any manner whatever
be published Or Open to the inspection of tbe public. but save as otherwise
provided in this section. the provisions o( this Act shall apply in respect o( any
luch invention and patent as a(oreS3id.
(II) The President of the Union may at any time waive the benefit of this
section with respect to any particular invention. and the specifications. documents
and drawings shall be thenceforth kept and dealt with in the ordinary way.
(12) The communication of any invention for any improvement in
instruments or munitions of war to the President of the Union, or to an)' person
or persons authorized by the President of the Union to investigate the same or
the merits thereof. shall not. nor shall anything dOne [or the purposes of the
investigation, be deemed use or publication of such in"'ention so as to prejudice
tbe grant of validity of any patent for the same.
(lJ) Rules may be made by the President of the Union (or the purpose
of ensuring secrecy with respect to patents to which this section applies. and
such rules may modify any of the provisions of this Act in their
application to such patents as aforesaid so (ar as may appear necessary for the
purpose aforesaid.

Compulsor,. Licenus and Revocation.

ICompul101'J
17. (t) Any person interested may present a petition to the President at
i,*,cu aad the Union. which shall be left at the Patent Office together with the prescribed
rnocaUon. fee. alleliol that the demand for a patented article in the Union of Burma is
 BUTftUI Patent, and Des;g",. 363
Dot being met to an adequate extent and on reasonable terms. and prayins for
the grant of a compulsory licence or. in the alternative. for the revocation of
the patent.
(2) The President of the Union shall consider the petition, and if the
parties do not come to an arrangement between themselves the: President of
the Union may. as he think fit. either dispose of the petition himself or refer
it to the High Court for decision.
(J) The provision of sub-seetion (4) of section 18. presc:ribing tho procedure
to be foHowed in the case of references to the Higb Court u.der that section.
shall apply in the case of references made to the High Court under this section.
(4) If the President of the Union is of opinion. or. where: a reference haa
been made under sub-section (2) to the High Court. that Court finds that the
demand for the patented article in the Union of Burma is not being met to an
adequate extent and on reasonable terms. tbe patentu may be ordered to grant
licences on such terms as the President of the Union or the High Court. as
the case may be. may think just. or. if the President of the Union or tbe High
Court is of opinion that the demand will not be adequa,lely met by the grant
of licences. the patent may be revoked by order of the President ot the Union
or the High Court: Provided that an order of revocation shall not be made
before the expiration of four years from the date of the patent or if the patentee
sives satisfactory reasons for his default.
(.5) For the purposes of this section the demand for a patented arlicJe
shall not be deemed to have been met to an adequate extent and on reasonable
terms-
(a) if by reason of the default of the patentee to manufacture to an
adequate extent and supply on reasonable terms the patented
article. or any parts thereof which are necessary for ils efficient
working or to carryon the patented process to an adequate extent
or to grant licences on reasonable terms. any existing trade or
industry or the establishment of any new trade or induttry
in the Union of Burma is unfairly prejudiced. or
(b) if any trade or industry in the Union of Burma is unfairly prejudiced
by the conditions attached by the palentee to the purchase. hire
or use of the patented article or to the uling or working of the
patented process.
11. (1) At any time not less than four yean after the date of a patent HevocaUOQ
sranted under Ibis Act. any person may apply to tbe President of tbe Union for of palcntl
workcdo~
revocation of tbe patent on the sround that the patented article or process is lid. the
manufactured or carried on exclusively or mainly outlide the Union of Burma. UniOll of
B.......
(2) Tbe President of the Union aba)) consider tbe application aod if after
inquiry he is latisfied-
(a) that the allegations contained therein are correct. and
(b) tbat tbe applicant il prepared. and il in a position to manufacturo
or carryon the patented article or procea in the Union of Burma
'Dd
 364 Burma Pattnu and Dtligns.

(e) that the patentee refuses to grant a licence on reasonable terms.

then. subject to the provisions of this section and unless the
patentee proves that the patented article or process is manufactured
or carried on to an adequate extent in the Union of Burma or
gives satisfactory reasons why the article or process is not 50
manufactured or carried on. the President of the Union may make
an order-
(a) revoking the patent either forthwith. or after such reasonable
,jnterval as may be specified in tbe order. unless in the meantime
it is shown to his satisfaction that the patented article or process
is manufaCl.ured or carried on within the Union of Burma to
an adequate extent. or
(b) ordering the patentee to grant a licence to the applicant. which
may be a licence exclusive to him or otherwise as the President
of the Union may direct.
(J) No order revoking a patent or ordering the grant of a licence shall be
made under subseUion (Z) which is at variance with any treaty. convention.
arrangement or engagement with any British possession or foreign country.
(4) The President of the Union may, on the application of the patentee,
extend the time limited in any order made under clause (a) of sub-section (2)
for sucb period not exceeding two years as he may specify in a subsequent
order or revoke any order made under clause (a) of sub'section (2) or any
subsequent order if sufficient cause is. in his opinion. shown by the patentee.

Effect Oft 19. The provisions of sections 27 and 28 sbill have the same effect in the
Patcnts case of rights continued by the provisions of section 17 as in the case of
an ntcd
before tho patenta granted under this Act.
commcnce--
IDent of W,
Ad.
Oreratlon 30. An order of the High Court under section 21 or of the President of
of order the Union under section 21 or section 28. directing the grant of any licence.
under ICC-
lion 27 or shall. without prejudice to any other method of enforcement operate as if it
ICCUon 21. were embodied in an instrument granting a licence and executed by the
patentee and all other necessary parties.

Powcr of 31. A patentee may at any time, by giving notice in the prescribed
Controllcr manner to the Controller. offer to surrender his patent, and the Controller
to revollc
'urrcDdercd may. it after giving notice of thx'oft'er and hearing all parties who desire to
Patcnt. be heard he thinks fit, accept the offer, and thereupon make an order for the
revocation of the patent.

RcvocatiOD 32. A patent shall be deemed to be revoked if tbe President of the

of Palcnt Union declares. by notification. the patent or the mode in which it is exercised
on public
IrouDdi. to be mis<:hievous to (be State: or generally prejudiCial to the public.
 Burma Palenll and Designl.

ugaJ Proceedingl.

33. (1) Revocation of a patent in whole or in part may be obtained PcUtion few
revocalioa
on petition to or on a countcN:laim in a suit for infringement before the High 01 Patent.
Court on all or any of the foHowing grounds, namely-
(a) that the invention has been the subject of a valid prior grant of a
patent in the Union of Burma;
(b) that the true and first inventor or his legal representative or assign
was not the applicant or one of the applicants for the patent;
(c) that the patent was obtained in fraud of the rights of the penon
applying for the revocation or of any person under or through
whom he claims;
(d) that the invention was not. at the date ot the patent. a manncc of
new manufacture or improvement:
(e) that the in ....ention does not involve any im'entive step; having
regard to what was known or used prior to the date of the patent;
(I) that the invention is of no utility;
(g) that the complete specification does not sufficiently and fairly
describe and ascertain the nature of the invention and the
manner in which the invention is to be performed ;
(II) that the complete specification docs not sufficiently and clearly
ascertain the scope of the invention claimed;
(i) that the patent was obtained on a false suggestion or
representation ; ~
U) that the primary or intended use or exertise of the invention i'
contrary to law;
(k) that the patentee has contravened. or has not complied with. the
conditions contained in the patent;
(I) that the complete specification does not disclose the beat method
of performance of the invention known to the applicant for the
patent at the time when the specification was left at the Patent
Office.
(m) tbat prior to tbe date of the patent. the patentee or other persoD
(not being authorities administering any department of tbe service
of the Government or the agents or contractors of. or any otber
persons authorized in tbat bebalf by the President of tbe Union).
secretly worked the invention -on a commercial scale (a'bd not
merely by way of reasonable trial or experiment) in the UnioD of
Burma. and thereby made direct or indirect profits in excen of
such amount as the Court may in consideratioo of all the
~irtumstaoces of tbe case deem reasonable;
(n) that the invention claimed in the complete specification il not the
Same as that contained in the provisional specification and tbat
tbe ioventioo claimed. 10 far as it is Dot cootaioed in the
 366 Burma Patents and Designs.

provisional specification. was not new at the dale when the

complete specification was filed:
Provided that this sub-section shall have effect in relation to the
ground of revocation specified-
(j) in clause (b). subject to the provisions of section 93. or
(ii) in clause (d). subject to the provisions of sub-section (I) of
section 14. sub-section (12) of section 26. section 45 and
section 48.

(2) A petition for revocation of a patent Illay be presented-
(a) by the [Attornf.y-General] I or any person authorized by him; or
(b) by any person alleging-
(i) that the patent was obtained in fraud of his rights. or of the
rights of any person under or through whom he claims; or
(ii) that he. or any person under or through whom he claims. was
the true and first inventor of any invention included in the
claim of the patenlee : or
(iii) that he. or any person under or through whom he claims an
interest in any trade. business or manufacture. had publicly
manufactured. used or sold. within the Union of Burma.
before the date of the patent. anything claimed by the patentee
as his invention.
(3) The High Court may. irrespective of any provisions of the Code of
Civil Procedure in this behalf. require any person other than the [Attorney-
General]1 or any person authorized by him. app'lying for the revocation of a
patent to give security for the payment of all COStS incurred or likely to be
incurred by any person appearing to oppose the petition.

Notice or 34. (I) Notice of any petition for revocation of a patent under section 33
proceedings shall be served on all personS appearing from the register to be proprietors
to persons
interested. of that patent or to have shares or interests therein. and it shall not be necessary
to serve the notice on any other person.
(2) The notice shall be deemed to be sufficiently served if a copy thereof
is sent by post in a registered letter directed to the person and place for the
time being stated in the register.

Framinl 35. (I) The High Court may. if it thinks fit. direct an issue for the trial.
ilSue ror trial before 'itself or any District Cour'. of any question arising upon a petition to
beol'C
District itself under section 33 and the is'sue shall be tried accordingly.
Court. (2) If the issue is directed to a District Court the finding of tb~ Cout
shan not be subject to appeal. but the evidence taken upon the trial shall be
recorded and", copy thereof. certified by the Judge of the Court. shall be
transmitted. together with any remarks which he may think fit to make

1 Substituted b)' t!>e Union of Rllfma (Adaptation or t..1waIOrder. 19411.

 BUfmll Palent. and Desi,,.,. 367

thereon. to the High Court. and the High Court may thereupon act upon tbe
finding of the District Court or dispose of the petition upon tbe evidenco
recorded. or direct a new trial. as the justice of tbe case may require.

36. (I) A patentee may institute a suit in the District Court baving Suit. lor
Infrln/:cment
jurisdiction to try the suit against any person who during the continuance of a of Patenl.
patent acquired by him under this Act in respect of an invention. makel. Ie I
or uses the invention without his licence. or counterfeits it. or imitates it:
provided that where a counter-claim for revocation of the patent is made by
the defendant. the suit. along with the counter-claim. shall be transferred to tho
High Court for decision. ..
(2) Every ground on which a patent may be revoked under ICCtion 33
Ihall be available by way of defence to a suit for infringement.

37. A plaintiff sban not be entitled to recover any damages in respcet of EaempUon
any infringement of a patent from any defendant who proves that at tbe date of innoceot
infrlPlef
of the infringement he was not aware. nor had reasonable meaDS of making from liability
himself aware. of the existence of the patent. and the tAaking of an article r damaCII.
.....ith the word" patent "... patented ". or any word or words expressing or
implying that a patent has been obtained for the article. stamped. engraved.
impressed on or otherwise applied to the article. shall not be deemed
to constitute notice oC the existence oC the patent unlen" the word or words are
accompanied by the year and number oC the patent: provided that nothing in
tbis section sball affect any proceedings for an injunction.
31. In a suit for infrinfj:ment of a patent tbe plaintiff sball be entitled to Rel~r. 10
relief by way of injunction d.nd damages but not to an account of profilS. but .u:it 1
lorriog".
subject as aforesaid the Court may. on the application of either party. make meot.
such order for an injunction or inspection of accounts. and impose sucb terms
and gh'e such direclions respecting the same and proceedings tbereon
Court may see 6t.
a. tbe

39. In a suit for infringement of a patent. the Court may certify that tbe CerU&lte
of validity
validity of the patent came in question. and if the Court so certifies. then in quC'-tioned
any subsequent suit for infringement of the same patent the plaintiff. on and COIl.
obtaining a final order or judgment in his favour. shall. unless the Court IryiDS lhereon.
the suit otherwise directs. have his full cosu. charses and expensel of and
incidental to the said suit properly incurred.

.... A Court making a decree in a sujt under scetion 36 or an Qrder OD

a pctition under section 33 sball send a co",y of the decree or order. as the
Clse may be. to the ControHer who shall cause an entry tbereof aad reference
thereto to be made in the Register of Patents.
_.......
Trao.mJ..
lion 01
order. to tiM
Controller.

41. (I) In a suit or proceeding for infringement or revocation' of a patent

the Court may. if it thinks 6t and shall on the request of all the panics to tbe
proceedings. caU in tbe aid of an assessor specially qualified. and trY tbe cue
wbolly or partially witb his assiStance.
 368 Burma PQt~nts and D~s;gns.

(2) A Court exercising appellate jurisdiction in respect of such suit or

proceeding may. if it thinks fit. call in the aid of an assessor as aforesaid.
(3) The remuneralion. if any. to be paid to an assessor under this section
shall be determined by the Court and shall be deposited in Court by
such party Or parties as the Court may direct. and shall form part of the costs
of the proceedings.

Grant 01 41. Notwithstanding anything contained in section 23. if the Court in any
rdlcf in res- action for infringement of a patent finds that anyone or more of the claims in
pect of parll
cular Cl;lha:s. the specification. in respect of which infringement is alleged. are valid. it may.
subject to its discretion al to costS and as to the date from which damages
should be reckoned and to such terms as to amendment as it may deem
desirable. grant relief in respect of any of sucb claims which are infringed
without regard to the invalidity of any other claim in the specification. In
exercising such discretion the Court may take into consideration the conduct of
the parties in inserting such invalid claims in the specification or permitting
them to remain then...

Remedy In 43. Where any person claiming to have an interest in a patent. by circulars.
Cil~e of advertisements or otherwise. threatens any other person with any legal
crOlllldle..
lhreats of proceedings or liability in respect of any alleged infringement of the patent. any
lel:ill pro person aggrieved thereby may bring a suit against him in a District Court
ceedinc
having jurisdiction to try the suit. and may obtain an injunction against the
continuance of such threats. and may rrcover such damage (if any) as be has
sustained thereby. if the alleged infringement to which the threats related wa
not in fact an infringement of the patent: provided that this section shall no
apply if a suit for infringement of the patenl is commenced and prosecuted
with due diligence.

Miscellwlcous.

Grant of 44. Where", patent is granted to two or more persons jointly. they shall.
P,llenb to unless otherwise specified in the patent. be treated for the purpose of the
two or more
I'Cfson devolution of the legal interest therein as co-owners with equal rights
thereto. but. subject to any contract to the contrary. each of such persons shall
be entitled to use the invention for his own profit without accounting to the
others. but shall nOI be entitled to grant a licence without their consent. and.
if any ~uch person dies. his bene5.cial interest in the patent shall devoh:e
on his legal representatives.

Public ure or 45. The public use or knowledge of an invention in the Union of Burma
Ilnowledge before the date of (he application for a patent thereon shall Dot invalidate the
0( ill"Yelltion.
patent granted thereon if the knowledge has been obtained surreptitiously or
in fraud of the true and first inventor or his legal representative or assign or
has been communicated to tbe pubHc in fraud of such inventor or bis
 Burma Patents and DeslSns. 369

legal representative or assign or in breach of confidence: provided that such

inventor or his legal representative or assign has not acquiesced in the public
use of his invention. and that he applies for a patent within six months after
the commencement of such use.

46. A patent shall not be hell.! to be invalid on the ground that the Dbconf"rm-
complete specification claims a further or dilferent invention to that contained Icy.
in the pnnisional, if the invention therein claimed. so far as it is not contained
in the provisional. was novd at the date when the complete apeeiliculion waS
put in. and the applicant for the patent was the true and first inventor. or Ihe
legal representative or assign of such inventor.

47. H a Ilatent is lost or destroyed. or its nonproduction is uccounted for Lusl nr d~....
to the satisfaction of the Controller. the Controller Illay at any timc. on payment tructit.n
Pat~nt.
of

of tilt: prescribed fcc. seal a duplicate thereof..

48. The exhibition of lin invention at an induslrial or other exhibition. to l'ruvi,l"n,lU'

to cxblbi
which the provisions of this section havc been extended by the President of the t;on~ ,1nd
Union by r.otilication. or the publication of any description of the invention rcadi"c' be_
fore le.arncd
during the reriod of the holding of the exhibition. or the use of the invention foclelic.
for the purpose of thc exhibition in the place ",here the exhibition is held. or
the usc of the invention or the publication of any description thereof during or
after the IlCriod of the holding of the exhibition by any person elsewhere
without the privity or cunsent of the invelllor. or lhe reading of a paper by an
i nven!l>r before a learned society. or the publication of th:lt paper in the
society's transactions, shall not prejudice the righl of the inventor to apply for
and obtain a palent in respect of the invention. or the validity of any palent
granled on the :.Ipplic:.ltion : provided that-
(u) the exhibitor exhibiting the invention or the inventor reading the
p:.lper or authori:ting the publication thereof. as the case m~y be.
gh-es to the Controller previous notice in the prescribed
forlll ; and
(b) the application for a patenl is made before or wilhin six months
from the date of first exhibiting the invention or of the reading
of the paper. as the case may be. or when it has not been so read.
of the said publication.

49. (I) Subject to the provisions of this section. the rights of a p".-tentee Special
shall not be decmed to be infringed_ .. I'TVviIii<H" U
to "e~...,h.
(u' by the usc on board a forcign vessel of the paten led invcntion in ..irnall and
the body of the vessel or in the machinery. tackle. apparatus or land vehicle""
other aeccssories thercof. if the nssel comes into the territorial
jurisdiction waters of the Union of Burma temporarily or acci-
dentally only. and the invention is used eAelusively for tbe actual
needs of the ..-essel ;

24
 370 Burma Pal~lIIs a"d Designs.

(b) by Ihe usc of patented in.,ention in the construction or working of

a foreign aircraft or land vehicle or of Ihe accessories thereof if
the aircraft or vehicle comes into the Union of Burma tempor-
arily or accidentally only.
(2) This section shall not extend to .,.essels, "ireraft or land vehicles of
any foreign State of which the laws do not confer corresponding rights with
respect to the usc of inventions in vessels, aircraft and land vehicles of [.
*] I the Union of Burma when coming into the foreign State or the
lerritorial waters thereof.
(J) For the purposes of Ihis section vessels and aircraft shall be deemed
to be vessels and aircraft be the country in which Ihey are registered. and land
vehicles shall be deemed to be ... ehicles of the country within which the owners
Ihcreof arc ordinarily resident.
2 (4) The Presidenl of the Union Rlay. by nOliticalion. apply this section
to vessels. aircraft or land vehicle.. of any foreign State.

PART II.

Dl:SIGN.

Rf~iS'f{"i()1I of D(si~l/s.

/Ippli.:.IiUCI 50. (I) The Conlroller may. on the application of any person claiming
fOf fc~i.tra
lion 01
to be the proprietor of any new or CltigilJ:lI dcsi[!n nut previously publishe;J in
dceJ"ul. the Union of Burma register the design under this P'lrt.
(ll The application shall be made in the prescribed form and in the
prescribed manne.r and shall be 'lCcompanied by the prescribed fce.
(J) The SOlR\l" Jcsi~n m:l)" be registered in marc than one class. and in
case of lIoubt ali to lhl: class in which a design oughl to be registered the
Coulroll...' r may decide the lIUcstilln.
(4) The COnlrolkr may. if he: thinks fit. rcruse to register any de.~ign
prc:,;elllcJ 10 him for rcgislr,ltioll; but any person aggrieved by any such
refusal lUay appeal to the Presiliellt of lhe Union.
(5) An application which, owing to Jny default or neglect on (he part of
thc Jpplicant. has 1I0t been compietcli so as to enable regislration to be
effected within thc prescribed time shaH be dtemeJ 10 be abandoned.
(6) A desitn when registered. sball be registered as of the date of the
appliclti"n for registration.

Rf~i,lr:llion 51. Where a design has been registered in One or more classes of goods.
..r ,I....i~n. In the application of the proprietor of the design to register it in some one or
new da.n~ .

I Omitkd h\" Ille tlnion of HUflll~ (Adaptation oll.aw,j Ordl:T. 1948.

t Sub~tit"led by Ihe ume Ord":f.
 Burma P(l'~nts and D~signs. 371

more other classes shall not be refused. nor shall tbe registration Ihereof be
invalidated--
(a) on the ground of Ihe design nol being a new or original design.
by reason only Ihal il was so previously registered; or
(b) on the ground of the design having been previousl)' pubJisb~d in
Ihe Union of Burma, by reason only Ihat il has been applicd 10
1000dS of any class in which it was so pre\'iou5ly rcgiSlered :
Pro\'ided that such subscquent registration shull not exlend the period of
copyright in the design be)"ond that arising from lhe previous~e&istration.

51. (I) The Controller shall grant a certitiaute of registralion 10 Ihe ee,lUicale
of reglltra.
proprietor of the design when registered. tion.
(2) The Controller may. in case of loss of the original certificate. or in
any other case in which he deems it expedient, furnish one or l1Iore copies of
the certificate.

53. (I) There shall be kept at the Patent Office a ~k call~d the Rei!is Regilhr of
ter of Dellip-ns. whc:rein shall be entered the names and addresses of proprietors Dc!IJ:llli.
of registered designs. notificalions of assignments and of trotnsmissions of
registcred de igns. and such other matters as may be prescribed.
(2) The Register of Designs shall be primu laci~ ~vjdence of any malteu
by this Act directed or authorized to be enlered therein.

Copyright in R~gjstu~d Dt!signs.

54. (t) When a design is registered Ihe registered proprietor of the design Copyright
shall. subject 10 the provisions of this Act. ha\'e copyright in the design during on rO:J:il1ra-
lil)Jl.
fi\le years from the date of registration.
(.;?) If before the expiration of the said five years application for lhe
extcn:lion of llie perioo of copyright is made 10 the Controller in the prescribed
manner. the Controller shall. on payment of the prescribed fee. extend lhe
period of cop)'right for a second period of five years from the expiration of
the original period of Ii\'c years.
(.1) If before the expiration of such second period of five years applica-
tion for Ihe ex.tension of the period of copyright is made to the Controller in
the prescribed manner. the Conlroller may. subject to any rules unller this
Act. on payment of the presctibed fee. extend the period of copyright for a
third pctiod of 6"e years from the ell.pil~tioD of the sccooll period of be
years.

55. (I) Before deli\'er)' on sale of any articles to wbich a relistered Requlre-
design has been applied. the proprietor Ihall- pocnl' before
ddh'u, CI8.
(a) if exact representations or specimens were not furnished on the ..1<.
applicalion for registration. furnish to the ComrolJcr. the
prescribed number of exact represcntatioDs of spec:imeJlI of the
 372 Rurma Patents and Designs.

design; and. if he fails to do so. the Controller may erase his

name from the regiSler. and thereupon the copyright in the
design shall cease: and
(b) cause each such article to be marked with the prescribed mark. or
with the prescribed words or figures. denoting that the design
is registered: and. if he fails to do so. the proprietor shall not
be entitled to recover any penalty or damages in respect of any
infringement of his copyright in the design unless he shows thut
he took all proper steps to ensure the marking of the article. or
unless he shows that the infringement took place after the person
guilty therl;of knew or had received notice of the uistence of
the copyright in the design.
(Z) Where a representation is made to the President of the Union by or
on behalf of any trade or industry that in the interests of the trade or industry
it is expedient to dispense with or modify as regards any class Or description
of articles any of the requirements of this section as to marking. the President
of the Union may.'if he thinks fit. by rule under this Act dispense with Or
modify such requirements as regards any such class or description of articles
to such ex.lent and subject to such conditions as he thinks fit.
,
Effect of 56. The disclosure of a design by the proprietor to any other person. in
dlloClosufe on such circumlltances as would make it contrary to good faith for that other
copydght.
person to use or publish the design. and the \.Hsclosurc oJf a design in breach of
good faith by uny person other than the proprietor of the design. and the
acceptance of a first and confidential order for GOods bearing a new or original
textile design intended for registration. shall not be deemed (0 be a publica
tion of the design sufficient to invalidate the copyright thereof if registralion
thereof is obtain(.d subsequently to Ihe disclosure or acceptance.

Inlpcdion 01 S7. (I) During the e:dstence of copyright in a design. or such shorter
fc~islered period not being less than !wo years from the registration of the design as may
desir;nll.
be prescribed, the design shall not be open to inspection except by the pro.
prietor or a person authorized in writing by him or a person authorized by
the Controller or by the Court. and furnishing such information as may enable
the Controller to identify the design. and shall not be open to the inspection
of any person except in the presence of the Controller. or of an officer acting
under him. and on payment of the prescribed fee; and the person making the
inspection shall not be entitled to take any copy of the design. or uf any part
thereot: provided that. where rttistration of a design is refused on the ground
of identity with a design already registered. the applicant for registration shall
be entitled to inspect the design so registered. '
(2) After the expiration of the copyright in a design. or sueh shorter
period as -aforesaid. the design shall be open to inspection. and copies thereOf
may be: taken by any person on payment of the prescribed fee.
(3) Different periods may be prescribed under this section for dillerent
classes of goods.
 Burma Patents and Designs. 373
58. On tbe request of any person furnishing such information as will In(ormaUon
a~ to
enable the Controller to identify the design. and on payment of the prescribed uiltenc:e of
fee. the Controller shall inform such person whether the registration still exists copyricbl
in respect of any design. and. if so. in respeet of what classes of goods. and
shall state the date of registration. and the name and address of the registered
proprietor.

59. (I) Any person interested may preseot a petition for the cancellation Cancellation
of reclltra.
of the registration of a design- Uon.
(tI) at any time after the registration of the,design. to Ihe High Court
on any of the following grounds. Mmely-
(i) that the design has been previously registered in the Union of
Burma; or
(ij) HUll the design has been published in the Union of Burma prior
to the date of registration; or
(iii) lhat the design is not a new or original delilign : or
(b) within one year from the date of registration. to the Controller on
either of the grounds specified in sub-clauses (i) and (ii) of
clause til).
(2) An appe:ll shan lie from any order of the Controller under this
section to the High Court. and the Controller may at any time refer any such
petition to the High Court. and the High Court shall decide any petition so
referred.

60. The provisions of section 25 shall apply to registered designs as if Re&!ltration

those provisions were re-enacted herein and in terms made applicable to of design to
bind tho
registered designs. Govullmeni.

Imillstriol lmd International Exhibitions.

61. The exhibition of a design. or of any article to which a design is al Provillon.

10 CJ:IlI.
applied. at an industrial or other exhibition. to which the provisions of Ihis bltion.
section have been extended by the President of the Union by notification. or
the publication of a description of the design during the period at the holding
of the exhibition. or lhe exhibition of the design or the article or the publica.
tion of a description of the design by any pelson elsewhere during or aher the
period of the holding of the exhibition withod't the privity or consent of the
prQprictor. shall not prevent the design from being registered or invalidate the
registration thereof :
Provided tbat-
(a) the exhibitor exhibiting the design or article. or pUblishing a
description of the design. gives to tbe Controller previous notice
in the prescribed forw ; aDd
 374 B"rma Palt>tlfS and D~siRns.

(b) the application for registration is Blade wilhin six months from the
date of first exhibiting the design or article or publishing a
description of the design.

LeRal Pro('('('C/in.cU.
Piracy of 62. (I) During the existence of copyright in any design it shall not be
l'Cl!:lsterel! lawful for the p.trson-
dniRD.
(a) for the purpose of sale to apply or cause to be applied to any
article in any class of goods in which the design is registered the
design or any fraudulent or obvious imitation thereof. except
with the licence or wrinen consent of the registereJ proprielor.
or to do anything with a view to en:lble the duign to he SO
applied; or
(b) to import for the purposes of sale. without Ihe eonsenl of the
regislcred proprietor. any orticle belonging to the cluss in which
the design has been registered. and having applied 10 it lhe design
or any fraudulent or ohvious imitation thereof; or
(c) knowing Ihot the design or any fraudulent or obvious imitation
thereof has been applied to any article in any class of goods in
which Ihe design is regislered without the consent of the
registered proprietor. to publish or expose or cause to be
published or exposed for sale that ort:cle.
(2) If ony person aCIS in contnvention of rois section. he shall be liable
for every contravention-
(a) to pay 10 the rcgislereJ propl ictor of tlte design u sum not exceeding
five hundred rupees recoverable as a contract debt. or
(b) if the proprietor elecls to bring a suit for the recovery of damages
for allY such eontrayention. and for an injunction against the
repetition thereof. 10 pay such damages :IS may be awarded and
to be reslrained by injunction nccordingly :
Provided that Ihe total sum recoverable in respect of anyone design
under clause (a) shall not exceed one thousand rupces.
(J} A suit or proceeding under sub-section (2) shall be instituted in the
District Court having jurisdiction to try the suil or proceedings.
(4) When the Court makes :I decree in a suit under sub-section (2). it
shall send a copy of lhe decree 10 the Controller. who shall cause an entry
thereof to be made in the Register of Designs.

Arf\licaUon 63. The provisions of this Act with regard 10 cerlificates of the validity
to dC1ilt", ('I of 11 p:.ltent. ami 10 the rcmedy in case of r;roundless threals of legal proceedings
('''":lin pfo\'i- by a f'latcnlee ~hall apply in the case of registered designs in like manner as
liOlll"(the
Act II~ 10 they apply in the C:lose of patenls. with the substitution of references to the
Patellll.
 Stlrma Pa'~nfS nnd DrsiRnI. 37'
copyright in II design for references to a patent. and of references 10 the
proprietor of a design for references to Ihe paten lee. and of references 10 Ihe
design for references to lhe invention.

64. Notwithstanding anythinl to the contrary in this Act any copyright Proleclilln In
the Union 01
in a design acquired or continued in the Union of Burma under the Indian Rurma of
h:diall, Patents and Designs Act, 1911 read with the India and Burma (Tranlitory detirntreti..
1911.
BllrllUl
\"1, 1'0139.
Provisions) Order, 1931 and the Burm] Patents and Designs Act. 1939. as
subKquently amended or continued, shall continue to be valia in the Union of
""_.
tercd before
,nftlCClnetlt
Burma for tbe full term of its validity in India or Pakistan. <litbl. Act.

PART 1II.

Palmi Of1iu and Pro::ttJings IhtreDI.

U. There shall be a Coni roller of Patents and Desian. lAd .0 many Colliroller
officen llnd derks, with such de!lignation~ and dUlies. as the Presidenl of the of Patel1l.
:lnd l)ul~...
Union may from time 10 time determine. and bit ellllob-
Ilthmcnl.
" . (t) The President of the Union shall, for the purposes of Ihis Act. Patent 0lIke.
establish at Rangoon an office which shall be called. and is in this Acl referred
to as. Ihe Patent Office.
(1) The Patent Office shall be under Ihe immediate control of the
Controller who shall acl under the .uperintendence and directiOn 01 lbe
President of the Union.
(]) There .hall be: a seal for Ihe Palent OlflC'e.
(<f) Any act or Ihing dir.:cted 10 be done by or 10 Ihe Controller may be
done by or 10 any officer authorized by the Presidenl of the Union in thi,
behall.

Fees.

" . (I) There shall be paid in respect of Ihe 'tint 01 p:alenls and the F....
~gislralion of designs, and applicalion therefor. and in respect of olher matters
with relation 10 palents and designs under Ihis Act. such fee. as may be
prescribed so ho~cver that Ihe fees prescribed in respect of the,instrumenl.
and matters mentioned in Ihe Schedule to thi. Ael.hall nol eAceed thOle Ihue
specified.
(2) A proc:cedinl in respecl of whieh a fee is payable under tIIis Act or
tbe rules made thereunder shall be of DO eWccl unleu tbe fee ha. beee paid.
 376 Burma Patents and Designs.

Provisions as to Registers a"d other VOCIIIII{'nts in tile Patent Office.

Nutice of 68. There shall not be entered in any register kept under this Act. or be
truRt not to
he entercd receivuble by the Controller. any notice of uny trust. expressed. implied or
In rCKlsters. constructive.

in'r>cction 01 69. Every register kept under Ihis Act shall at all convenient times be
lllld utrach
frOID
open to the inspection of the public. subject to the pro"isions of this Act:
rCK.i.ten. and certified copies. seOlled with the seal of the Patent Office. of any entry in
any such register shall be liven to uny person requiring the same on payment
of lhe prescribed fee.

Inroml:.tion 70. A person makina a request to the Controller in the prescribed

,datin. to manner. as respects any patent specified in the rcqucsl or as respecls any
(lalcnt.
;tpplication for a patent so specified. for information to be furnished 10 him by
the Controller of an, such mailers as lIlay be prescribed alrecting Lh:lt patent
or ;Ipplicution. shall be entitled. subject to the p:lymellt of the prescribed
fee. to ha'/c information supplied to him accordingly.

Prl.. ilt-ge of 71. Reports of or to the Controller made under this ACL shall no: in any
'Cf1'Orhi of c:ase be published or be' open LO public inspection.
Of to thc
Clftt,ul1cr.
P,ohibition 71. (I) Where an application for a palent has bccn abandoned or
oC rubliQ- deemed to have been refused the specifications and drawing (it any). accom-
tiM IIf 'pee;.
fie.tion. panying or left in conl1~tion with such application. shall not. save as othcrwi~e
dr:a,,iQRs. expreSily provided by this Act. at any time be open to public inspection or be
ct,. where
arrlicalion published by the Controller.
llb:alldoQed. (2) Where an application for a design has been .bandoned or refused.
etc.
the application and any drawings. photographs. tracing~. representations or
specimens left in connection with Ihe ;Ipplication shall not at any time be
open to public inspection or be publishl::d by the Controller.

Po.....cr of 73. The Control1cr may. on request in writing accompanied by the

Controller pre.eribed fee.
to curred
c1t'1"ical (il) correct any clerical error in or in connection with an applica:ion
.rr,"'. for a ('latent or in any p:ltenl or :lny specification:
(b) correct llny clerical error in the representation of a desian or in
the name or adJreu.b{ the proprietor of any patent Or deJign or
in any other tn.lUer which is entered upon the registor of patenlS
or the resister of designs.

Rtgi~tratioll 74. (t) Where any ('Ierson becomes entitled by ul!lignmcnt. tr:l.nsmission
ot ;1111':11-
IlIcnls and or other operation of law to; a patent or to lhe copyright in a regislered
Irln.- desia". he may make applic;uion to the Controller to register hili title. lind the
1I1b.ion
Controller shall. on receipt of such application and on proof of title to his
 Burma Patents anti Designs. 377

satisfaction. register hiro 3S the proprietor of such patent or design. and shall
cause an entry of the assitnnlent. transmiision or other instrument arrectina tbe
title to be mado in the prescribed manner in the register.
(2) Where any person becomes entitled as mortgagee. licensee. or
otherwise to any interest in a patent or registered de.ign. he may make
application to the Controller to register his title. and the Conlroller shall. on
receipt of such application and on proof of title 10 his satisfaction. cause
notice of the interest 10 be entered in the prescribed manner in the register of
patents Or designs. a! the case may be. with particulars of .. he instrument. if
any. creating such interest.
(J) The penon registered us the proprietor uf a patent or design shaIl.
suhjeci to lhe provisions of this Act and to IIny rights llppearing from the
register to be vested in any other persoll. have power absolutely to assign.
grant licences al to. or otherwise deal with. the patent or design. and to give
elTectual receipts for any consideration for any such assignment. licence or
dea~ing : provided that any equities in respect of the paten I Or design may be
enforced in like mannc:r as in respect of any other mOl-able properly.
(4) Except in the case of an app!icOition made under section 75. a
document or inslrument in r~pccl of which no entry has been made in tbe
register in accordance with the provisions of sub-sec:ions(l) and (2) shall not
be admilteJ in evidel;cl: in any (ourt in proor of the tille to a patent or to
copyright ill a design or to any interes.t therein. unless the Court. for reasons
to be recorded in writing. olherwise directs.

75. (I) The COlltroller may. on the application in the pre5Cribed manner liedi(.tJlioll
or teJi$kt.
of any r:erson a~irievelJ by the non-jnsertion in or omission from Ihe rei:ister
of patents or dl:signs of any entry_ or by any enlry made in either such
register without sulJicient cause. or by any entry wrongly remaining on eilher
s1,;ch re&i~ter, or by an error or defect in any enlry in either such regjll'er.
makc such order for making. expunging or varying such entry as he thinks
lit. and re.:lify the register atcordin~ly.
(2) The Controller may in IlIlY proceeding under this section decide any
question that it may be necessary or elt.pedient 10 decide in conDe<:tioa with
Ihe reclification or a regiliter.
(.1) An appeal shOlU lie to the High Court from any order of the
Controller und..:r Ihis seciion ; and the Controller may refer any application
under Ihis section to the High Court fOr decision. and the Higb Court shall
dispose or <lny applic.ltion so r..:ferr..:d.
(4) Any order of the HiiJ,h Court rectir) ing a register shall direct thai
flotice or the reclification be served on the Controller in the prescribed
manner. who shall upon the receipt of such notice rectify the rcaillter
accordingly.
(5) Nothing in this section shall be deemed 10 empower lh. ConlroUer-
(a) to reclify the register or patents. or to decide any question relalinl
to a patent. otberwi5C than fOr the purpole of corrcc:tiDI a
 37R Burma Patents and Dcsi/:ns.

mistake of fact apparent from a reference either to the patent itself

or to some order of a competent authority made under any other
provision of this Act. or
(h) to make any such order c:tncelling the registralion of a design as
is provided tor in section 59.

Powers and VI/lifts of Colt/roller.

Powerlof 76. Subject'to any rules in this behalf. Ihe Controller in any proceedings
Contruller
ill proceed- before him under Ihis Act shall have the powers of a civil Court for the
ings IIndcr purpose of receiving evidellCe. administering oaths, enforcing the atlendance
Act. of wilnesses. compelling the discovery and production of documents. issuing
commissions for the cX;llllin"tion of witnesses and awarding costs; and such
award shall he execuluble in a civil Court having jurisdiction at the place
where the person against whom the costs have been awarded ordinarily r('siut's
or h:.ls his plilce of business as if it were a decree of that Court.

Pl.lblll;.ltlon 77. The ConlroIler shall issue periodically a publication of patented

of p"tenled
Inventions. inventions containing such information as may be prescribed.

Eltcrdse of 78. Where any disCretionary power is by or under this ACI given to the
dls.:retinnary
I'0w~r hy Controller he shall not exercise that power adversely to the applicant for a
Contmller. putent. or for amendment of an application or of a specification. or (or registra-
tion of u design. without (if so required within the prescribed time by the
applicant) giving the applicant i1n opportunity of l5eing he:l.rd.

Power of 79. The Controller may. in any cas~ of doubt or difficulty arising in the
Controller
10 lake administnttion of any of th.:: provisions of this Act. apply to the President of
dircetio:>nlof tho Union for directions in the malter.
flresident.

Rdllsal to RO. (I) The ('tlntroller llt:1Y refuse to grunl a palellt for nn invention. or
~ranll'attnt
etc., in to register" design. of which lhe use would. in his orin ion. be contrary to
certain case~. law or moralily.
(2) An llppeal shilll lie to the President of the Union from an order of
the Controller under Ihis section.

AI'rcals 81, (J) Whore an appeal is declared by this Act 10 lie from the Con-
tn the troller 10 the President of the Ultion the appeal shall be made .....ithin two
I're9i.lent.
months of the dute of the order pllssed by the C"ntroller and shall be ir
writing and accompanied b) the prescribed fee.
(1) In calculating the said period ('If lwo months the time (if any) occupied
in granting a copy of lhe order appealed against shall be excluded.
(1) The Presidenl of the Union may. if he lhinks fit. obtain the assistance
of an cxp~rt in deciding such appeals. and the decision of the President of the
Union shall be final.
 Burma Palm" and D~s;l:ns. 379

8%. A certificate purportina to be under Ihe hand of Ihe Coneroller CC!llllicate

as Co any enlry. mailer or Ihinl which he is authorized by this Act. or any ;:r ~hl;~.
rules made thereunder. 10 make or dohall be prilllu tude evidence of Ihe cvldtR("
entry havin, been made. and of Ihe conlents thereof. and of the mailer or
Ihins having been done or left undone.

83. Subject to any rules made under seclion 91. in any proceedin, under 1-:"idC!ftU
this Act before the Coni roller the evidence shall. be given by affidavil in Ihe hd'ore Ule
~onlrolltr.
absence of directions by the Controller to the contrary: but in any c..se in
which the Controller thinks il right SO to do he may take evidence
,'ira ,'on' in lieu of or in addition to evidence by anidavit or may allow any
parly to be cross-examined 011 Ihe I;onlents of his allidavil.

84. Printed or wriHen copies or exlr3Cls. purporting 10 be certified by EvJdet:lce of

document.
Ihe Controller and sealed with the seal of the Pateilt Onice. of or (rom ill P"IC!nt
patenls. specifications and other documents in Ihe Palent Oliice. and of or Office:.
from registers and other books kept there. shall be adllJitted in evidence in
all Courts in the Union of Burma. and in all pro~eedings. without further
proof or prtlduction o( the originals:
Provided that a Courl may. if it has rca son to doubt the accuracy or
authenticity of the copies tendered in evidence, require the production of the
originuls or such furlher pr.oof as il considers necessary.

IS. Copiel of 1I11 lucb spcciacations. dra-wings and amendmenls leU al Tr.tnlmiuion
lhe Patent Office. >is become or-n 10 public inspection under the provi.ion. of ...Jl~ik2.:it.cl1
l;O[litt of

this ACI. shall be transmined. as soon IS may be after printed copies thereof etc' and
are available. to such authorities as the President of the Union may appoint inlpection
thd'fl!l".
in this behalf. and shall be open 10 the inspeclion of any person at aU rea.on
able times al places to he appointed by Ihose authorities and approved by
the President of the Union.

16, Any application. notice or other dOCument authorized or required to ArpUcationl

be left. made or gh'en al Ihe Patent OfJice or to Ihe Conlroller. or 10 any and DOUcet
by polL
other pcrson under this Act. may be sent by post.

17. (I) It any perton is. by reason df infancy. unsoundness of mind or Oecllt:llUtla
.other disabilily. incapable of making any statement or doing anythin, by....-
required or permined by or under this Act. the lawful auardian. committee
or manager (if any) of Ihe person subject to the disabilily. or if Ihere be none.
".""
dbabillty.

any person appointed for this purpose by a Court possessinl jurildiclion in

respecl of his propcrly. may make such Ualement or a statement .5 nearly
corresponding thereto as circumlitllnces pcrmit. and do such Ihing in tbe nllme
and on behalf of the person subject to tbe disability.
 380 lJurma Pa/~nts and D~sis:ns.

(2) "n appointment may be made by thc Court for the purpo:ies of tbis
section upon thc pelition of any person acting on behalf of the pelS.)n subject
10 the clisability or of any other person interested in the making of the slate'
ment or the doing of the thing.

Security l'lf 88, Where a person giving notice of any opposition under this Act. or
co.," applying for the revocation of a patent. or giving notice of appeal from any
decision of the Conlroller under this Act. neither resides nor carries on busi
ness in the Unionuof Burma. the Controller or the President of the Union or
the Court. as the case may be. may reljuire such person to give security for
the payment of all costs inclfrred and likely to be incurred in the proceedingli
or appeal. as the case may be. and. in default of such security being gi\cn.
lIlay disallow the oppo.ition or dismiss the application or appeal.

Agmcy.

lluhscril,lion
"lit.! v~liric:l
tinn ,,[
.
89. The following documents. n:lmdy
(l) applications for a patent.
certain (1) notices of opposilioll.
dOC"LIl~I1II,
(3) applicmions for ~xtcnsion of term of a pJtenL
(4) application~ for the restoration of lapsed patents.
(5) applications for leave to amend.
(6) applications for compulsory lic-:nce or reVOCation. and
(7) notices of surrenders of patent.
shall be signed llnd verified. in the manner prescrib.::d. by the person making
l\uch applications or aiving such notice.. : Pro\'iJeu that. if such person is
absent fro.n the Union of Burma. they lIlay be signed and verified on his
behatr by an agcnt resident in the Union or Burm:! authnrb::ed by him in
writing in that behalf.

"!tent)'. 90. (I) "11 other applications :Ind communications to the Controller
under this Act lIlay be signed by. ami all attend:tncs upon Ihe Controller
may be made by or through a legal practitioner or by or throug.h an agent
authori7.ed to the satisfaction of the Controller.
(2) The Controller may. if he sees fit. require-
(til any such agent to be resident in the Union of Burma:
(h) any person not residing ill the Union of Burllla to employ an agent
resiJing. in the Union of Burma:
(el the personal signature or presence of any applicant. opponent or
other person.

P(}lI'ns. nc. oj ,It~ Prtsit/~n' 0/ ,It~ Union.

Power of 91. (I) The President of the Union may make such rules as he thinks
Prnklenllo expedient. subje.::t to the provisions of this Act.-
make TIII~'I,
(a) for rejulating the practice of registration under this Act;
 BUrl/ill P"tents and D'S;N"s. 381

(b) (or classifying goods (or the purposes of designs;

(d (or making or requiring duplicates o( specifications. drawings and
othcr documents;
(J) (or securing and regulating the publishing and selling o( copies.
at such prices and in such manner al the President of the Union
thinks Iii. of specifications. drawings and other documents;
(,.) for securing and regulating the making. printing. publishing. and
selling of indexes to. an1 abridgments of. specifications and other
Jocuments in the Patent Office. and providing tor the inspection
of indexcs and abridgments and olher documents;
(J) for the levying of fees and the manner in which they ma), be paid;
(K) generally for regulating the business of the Palent Ollice. the
conduct of proceedings before the Controller and all things by
this Act placed under the direction or control of the Controller
or of the President of the Union; and
(h) ~encrally for the purpos~ of ,.. arrying into elrec:t the provisions of
this Act.
(1) The power to make rules under this section shall be subject to the
condition of the rules being made after previous publication.
(J) All rules made under this section shall be pubJoished in the Gaz.eUe.
and on such publication shall have cUcct as if enaclOli in this Act.

Ooe"c,",.
91. If any person USC$ on his place of business. or on any document WrOlillt rul
issued by him or otherwise. lhe words . Patent Ollice ". or any other words ..useI',d",nl
of wClrd,

suggesting th.1t his place of business is ollicially connected with. or is the Ollke ".
Patent Office. he shall be punishable with fine which may extend to two
hundred rupees. and. in the case of a continuing offence. with further fine of
(wenty rupees (or each day on which the offence is continueJ aftcr conviction
therefor,

Reciprucul urrtlllg('/I/('IIU' witlt tltt United KillgdulIJ and III/Jiu or Pakistan

u/UJ other parts uJ Hi:,' Britunnic: Mai('~'ty':,' duminiuns.

J 93. Where it is made to appear to the President of the Union that the Hccipro.:al
Legislature of any part of His Britannic Majesty's possessions or of India or arr;U1!:e-
Illenl, with
Pakistan or of any State in India or Pakistan has made satisfactory provision ""Y part vi
for the protection of inventions or desifJls. patented or registered in the Hi. Britannic
M;li,,t~1
Union of Burma. the President may. by notification. direct that the provisions "",,,ellion,
01 this Act. with sl1ch variations Or additions. if any. as may be set out in or of India or
P;akisbn Or
sucb notification. shall apply for the protection of inlJentions or designs of any Sbte
patented or registered in that part of His Britannic Majesty's possessions or. in India IA"
I>aID.la....
in India or Pakistan or in any State in India Or Pakistan as the case may be
. _ ... _ -
I SUbitillltcd by tbe l'woll of &Irma (AdapUtioo of La) Otdu. 19411.
382 Burma Pat~nfS and Designs.
1 94.95
Sc"~cIltll'.

[Set' Section 67.]

R.
On application for a patcnt accompaniell by provisional specifica-
tion 10
On filing complete specHicafion after provisional specification 20
On application for a patent accompanied by complete specification 30
For scaling a palent 30

Bdore the cxpir;llioF' of Ihe 4th year (rom the date of the palent 50
Before the expiration of the 5th year from the date of the patent SO
Befoce the expiration of the 6th year from the dUlc nf the patent 50
Before the expiration of the 7th year from the date of the patent SO
Before the expiration M the 81h year (rom the c..Ialc of the patent 100
Before the expiration of the 9th year from the dale of the patent tOO
Befure the expiration (lC the 10th year fWIlI the Jate uf the palenl 100
Befure the e~piration (If (he 11th yeur frulll the lIatc of the palcnt 100
Bdore thc expiration of the 12th year fronl th.: date of the patent ISO
Beforc the expiration of lhe 13th year (rom the lIah: ()f the patent 150
Before the expiration of the 14th year from the date of the patent 150
In respect of the 15th yellr trom the lIllte of the patent 150
Provided that the fees for two or more yeilr mays be paid ill ad\'ance.
On application to extend the term of a patent 50
In respect of each year of tile extemled term of a patent or of a new
patent gnlTlted under section 19 150
On application (or ree.istralion of a design 5

I Oiftith:d by the l'liiou 01 8:.1011.1 (.\dal'btiQIl 01 Lolwsl Ord<:r, 19-1a.

 383

TIlE BURMA PATENTS AND DESIGNS (EMERGENCY PROVISIONS)

Acr. 1946.-

[BURMA AL"T I. 1946.J (lSI July. 1941.)

WIJI:RLiAS it is expedient to make provision for tbe protection of inventions

and designs to take effect (ronl the expiry of the Burma Paten Is nod Designs
Act. 1939;

It is hereby enacted as follows :-
1. (I) This AClmay be called as Burma PaLenl. and Design! (Emerscncy
Pro\'isions) Act. 1946.
(Z) This Act shall be deemed to come into force on the 1st July 1941.

1. Unlilthc Burma Palcnh and Designs Act. 1945 comes inlo operation. Uurmil Act
the India ('<Ilenls and Designs Act. 1911. shall continue 10 have clrcet in \'Indb
ol19.jS.
Acl
Burma as if. notwithstanding the separation of India aryl Burma. Burma had U of IfJl1.
continued (0 be a part of India. and accordingly references in that Act to
the Advocate-General. the High Court and to the District Court. shall be
deemed (0 include rderences to the AUorneyGeneral of.the Union of Burma.
the High Court and the District Courts in the Unwn of Burma. and the
President of the Union of Burma shall be regarded as one of the aUlhorities
to whom certain documents are to be sent under section 72 of Ihat Act

Published in 811,_ {A:,Ut, 1916, P.vl J. race S6.

 INDEX TO VOLUME X

A~ruill of Int~rcllt I War.Tlmel AJjustmt:nt Act

Pur

aollE
X.X
..""
I'"co

313
Acquisilioll A":l. LJnd XVIII 213
AI,:qultiiliOIlI}!lndl Aer, Land XVIII 23.
Agriculturill Debls \lo,...todum Act XX 313
Al:ricullodltS' nebt l,elid All ~unu.~ xx 315
Allenatioll ,\d, Land xv 29
80, ndilrh. Act ,_
HUllna A;!rkultud:ill' Ilthl Helie( Act. Burma...
liurma <,;opyri~ht Act
XV
XX
XXI
31>
32S

Burma Laud PlIrl'hase Act XV 36
lJanna Pall'ntl anCS Dl~ign. Ad, J9-45 ." , XXI 346
Huron" Iatent. "nd Dt:li"'lls(Emergency Provhions) AcI,19"6
Claims :\ct, Waatc L;'lnd...
Control Act, Urb"n J~clli. 1\148
... XX,
X\
XVII
383
.OO
,
Copyri~hl A("t, lhU"ma XXI 323
X'X 2~
Cudr>di.m of Muvcable PrOflelty Act
lIcbt. Moratorium Acl. AKricul!ural
lIebl Hclier Act. Burma Agriculturists'
-. XX
XX
313
31S
Delil.:m. Act, 1945. Burm:l. Paltnli'l and XXI 346
f)csign~ (EIl,Cq,:,Clll':V Pro\js;onl) Act, JQ46, UlIrma P<ltcntacand XXI 313
Estillcs .~cl. GoVcrllmell1 Alall,,~cmcnt of Private XV 27
Goods ,\ct. Sale of XIX 236
o.l\'f'rIlmcnt Manal!cmcllt of Private E,tatta Acl XV 27
XVIII 212
Grants Act, Slat.:
InrlrulIlcnl, Act, N'e,uti"ble
lalerc,t Act .. ..f
... '" XX
XX
267
264
Interest (War-Tillie Adjllltmcut) Ad, 19..7. Accrual of XX 313
Land AO:Quililion Act
Land .\cq'Jisilio," (Mlnul Act
Land Alienation ,\cl
... XVIII
XVIII
XV
213
23.
29
LOIlld PllTl;huc ACI, Burma ,.. XV 36
,e.
k .. (Tt:rmination) Act, Mnnthly ...
Liabilitiu (WarTlme Adjultll~ellll Act,194S
Loanl ACt. UlurilJUI ...
Lower Burma Town and Yillaee Lands Acl
loIanagt'melll of Privatc Eltates Ad, GovcmD1eDt
-..
,
XVII
XX
XX~,26'
XV
X\~
'eo
m
,.
. "27
)Ioney Lenders Aci XX 303
lIoulbl" Lea~' ITenuir:ationl Act ... XVII 119
)1Ofatunllm Act, Aa:ricullur.al Debh XX 313
Moveable ".opty Act. CUItodian of
SegotiabJe JIIIlrllmenl, Ad
Patents and Dcsigns Act, 19~5, Rurma - XIX
XX
XXI
2sa
;1267
346
383
Patents and Delig' s(to;rllerj!"nlcy PrO\'I,ionsl Act. 1946
Pri'ate Estates Act, 'io\'crnm.:nt M:lIIl1.J'cll1cIII of
Properly Act, Cllstt>dlall tit M"\'c:lhk
... ..
,
XXI
xv
XIX
27
Prorc-r1y Act, Trander of
Purc~alc ACI, Burma Land ... ... - XVII
XV ""
,sa
36
Rc~i.lration Act XVI 107
Rei;~tr,,'inn 'T~nl'Or'ary Provi.ionl) Act. 1947 XVI '36
Rent Cmtrol Act. Urban ... _
... XVII '90
... ...... ,.
S lie of (hod. Act XIX 236
Stile G~ants Act
... XVIII 212
Tenancy ~CI, 19~6 ,.
Town aud Villalite lAnds Act. l.')wcr Burma
Tran.fer of Propt'rty Act -... X\'
XV
XVII
.S
IS'
Treasurc TrO\'e Act
Urban Rent COlltrol.\~. 1948

25
... - X,X 254
XVII 190
ii

P'AT PAG~

..,.pi
"'flS" ~."

Usurious L,):tns Act .. XX 263

VIII.. &.: L:tnJs Act, Lowt'r I:urm:t Town ;IIU.I XV 14
(\V.tr-Time Ani Isllllcnt).\ct, Aocur;lll nt Interest XX 313
(W.u-Timc Atijust,nenl) A::t, Li:tbiJities XX 297
Waste: La.nds Claims Act XV I

?) ?
Go
Go
G~
GG
)0 ?) ?

~,U.B.c,r.o.- No. Ill. ;-1. of I.A., l().S.S~S.OOO-IX

 CORRIGENDA
Page I._Section 1. marginal caption, for .. Provision of" read
II Provision for ".
Pag~ IO._section 14. tbird linc. for" am cnding" read" amending".
Page ,n._Section 6. clause (5), second line. lor .. montlalc-debt" ,eotl
.. mortgage-debt".
Page lzJ._Se'ctioD 39. third line. lor .. a aforesaid" read ".,
aforesaid to.

Page 123._Section 42. ;nsert a full-stop at end of section.

Page IJO._5ection 70. first line. for" discretionl" read discretion ".
Page 13Z._First linc. for" 5 ofar to read '" so far Of.

Page '54.JettioD 42. illustration. third line. for" IUse " rtad .. a use ",
Page 163._Second footnote, second line. lor or oevery to uad .. to every".
Page 164.-Section 60. fourtb linc from top. ;nsell a comma between
.. mortgagor to and" and to.

Page 172._Section 72. last paragraph. ~oDd line. /Of u th~" ftad
the".
Page 174._Secth,}R 79. illustration. second line. /Of Ihe ruU-stop after
.. Rs. 10.000" substitute a comma,
Page 177 ._Section 96, marginal caption, /Of" derposit " ftad .. deposit",
Page 183._Section 112. first line. insert a comma after .. claulC
(g) ".
Page 167.-Se<:tion 127. second paragraph. leCond line. insert a comma
after" things ".
Page 187._Section 127. i11ustration (b). srcond line, /Of" whichi I" ftad
whicil is".
Page 188._Section 130, sub-section (2). second line. /Of No pracediog,"
fead .. proceedings".
Page 188._Section 132, marginal caption. fOf "actionale" fead
.. actionabJe ".
Page' 191._Third footnote. second line. fOf tbe semi-colon after" 8th
October 1951" substitute a comma ;'nd in fourth footnote Jelete the dash
between" LIII" and" 1948 ".
Page 199._Section 14. sub-section (I), tenth line. /Of "section 13 (Z)"
.read .. section 13 (I) ". and in the proviso. first IiDe, inseft , comma between
"from" and or ".
Page 2tO.--SectioD 31. lub-section (I). first linc. ilVeft a comma after
.. Gazette".
 z
Page 244._Scclion 22. marginal caption, /or .. good n read" goods".
Page 249_Scction 49. sub-section (2), second line. for .. ieD'" read
"lien ",
Page 257._Section 21. last hnc. subsritute a full-stop for the comma at
end of the line.
Page 258._Footnotc. insert a comma after <l 1945 ",
Page 261.__Section 10. sub-section (1), fifth line. insert "the" after
.. possession of ",
Page 26J._Section 10. sub-section (2), fifth line. for .. wich to read
'0 which".
Page 262._Section 16. sub-section (2), clause (d). third line. for
.. enforcements" read" enforcement ",
Page 272._Negotiable Instruments Act. in the date of commencement
of the Act, for .. IIS March" read 151 March to.
Page 282._Seclion SP. second line. for" there of" read" thereof ",
Page 287._Section 83. marginal caption. for" hour" read" hours ".
Page 288._Section 89. fifth Hne. for the fullstop after .. obliterated"
substilllte a comma.
Page 296._Section 134. first Hne. for" contrast to read .. contract ".
Page 299._Section 7. sub-section (1). clause (e). third line. lor
ex-parte" read" ex parte".
PaRe .iOO._Section 7. sub-.eclion (3). third line. "insert ~ comma after
U sub-section (I) ".
Page 301._Section 12. marginal caption. for ., Extention" read
.. Extension".
Page 304._Footnote. second paragraph. fifth line. for 15st August It
read" 15th August ".
Page 31 I._Section J 6. subsection (2). second line. for .. sectio nshall
read" section shall".
Page 31Z._First footnote. for suchrules" read" such rules".
Page 314._Scction 3. substitute a colon for the full stop at end of first
proviso.
Pag~315._Section
, .
2. clause (~) (2) (ii). fifth line. for" shallincludc
read .. shall include"; and in the ~ame line inseT' a hyphen after
lt

.. suecessorsinin .. : and in the sixth line for" terestwhether" read .. terest

whether ".
Page 320._Section 14. first proviso. fourth Hne. lor" October 1914"
rtad .. October 1941 ".
Page 322.-Section 26. marginal caption. for .. proceeding" read
.. proceeding n.
 3

Page 325._Sections I and 2. transpose the marginal captions "" Extent"

and" Definitions" to their proper places against those sections.
Page J25._Se<:tion 2. clause (2). first line. deltlt the comma after
same. t.

Page 332._Section 3. proviso, ninth line. delele If the t. before tcn per
cent. 01.

Page 316._Section 15, subsection (7), 6fth line. for .. additions of

alterations read" additions or alterations ",
II

Page 337._Section 18. first line. insert a comma after" Government".

Page 337._Scction 18. third line. for prepared by or" read .. prepared
or ",
Page :J40._Section 21, second line. for" tty" read" fifty"; and in
third line. for" as .. read" was ".
Page 141._SeClion 24. subsection (I), proviso (a), sccond line, for
.. firs tcolumn .. read" first column".
Pa~e 34Z._Section 24. sub-section (I). proviso (a) (ii). secoDd paragraph.
second line. for" that" read" than".
POKe 348._Contents. against section 64. for '''Burma .. read the Union
,
of' Burma".
Page 35Z._Seclion 6. fourth "inc. insert a comma after" is".
Page 356._Section 16. sub-section (I), first line. for shalls" read
shall" ; and in secopd line for .. it" read its" and delete tbe comma
after it ...
Page 356._SectioD 16, sub-section (3). second line. lor "' an tf rtad
"and",
Page 360,_Section 25. sub-section (3). si.<th line. insert a comma after
.. them ".
Page 362._Section 27. marginal caption. for "lCompulsory icences tt
read Compulsory licences".
Page 367._Section 36. sub-section (I). third line. for ",JC'" rtad
.. sells ".
Page 368._Section 43, seventh line. for "wa" read .. was". and ia
eighth line. for" no .. read" not".
Page 371._Section 53. subsection (I). last line. for .. de igDS" Tlad
.. designs ",
Par;e 382.-Schedule. proviso. first line. lor .. year mays" rtad .. yean
may".
 'L0>#c~CD W:ro~wg/' ~:c.eG
" gl!3B~" gi "3S~c.o,, Isl'o:3\.eoc.o 'f c r '3Sec, ,Gr c c.iSUl.c.o
'LOI:E~CD
!f:f6sb gB>:g,m 'f (co) s1JeG I (r) ~"sb I~ "0/" "o'7":rc-c."iSU'--o"c.o
'LOSOcCcD " ~~:9l:.o "
IIC.OeG "S~:!l:.o" 19B:> (; b~:gc.~c.o 1(; "sn' II 0 rc c.iSUIbc.o
'Ln'f'~1r> " :C.'IF " ;u:;;;
".c.JQ::,. 19B> rb~:ge.~c.o 'SUIl:~cog>G 'f(c)~"9n, '00 c.iSUbc.o

H:&l~Je3:c~ec
I<