Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts
Tuesday, April 3, 2012
Thursday, March 29, 2012
153 - Laws and decrees related to nationality, citizenship and immigration (texts)
Online Burma/Myanmar Library |
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152 - RESIDENTS OF BURMA REGISTRATION RULES, 1951 (UNOFFICIAL TRANSLATION)
RESIDENTS OF BURMA REGISTRATION RULES, 1951 (UNOFFICIAL TRANSLATION)
1. This Rules shall be called the 1951 Residents of Myanmar Registration Rules.2. In these Rules:-
"Act" means the 1949 Residents of Myanmar Registration Act.
"registered address" means an address of a person registered under the Act, recorded in the Registration List concerning the particulars of him or an address mentioned in the latest letter of intimation to effect changes of his address if he delivers such letter under rules 26.
"registration authority" means any person appointed under Section 3 of the Act or Article 3 of the Rules for the purpose of registration of residents of Myanmar.
"registration card" means a registration card issued under this Rules.
"temporary registration certificate" means a certificate issued in lieu of the registration card and a proof of identity valid for a certain period specified in the certificate.
(1) In order to carry out the provisions of the Act and Rules, the President may divide the registration areas within the Union of Myanmar as he thinks fit and appoint necessary registration officers and assistant registration officers.
(2) Headmen of the wards appointed under the Town Act and/or village headmen appointed under the Village Act shall perform the duties and responsibilities of the record keepers in their respective jurisdiction.
(3) Chief Registration Officer or any officer empowered by the Chief Registration Officer may appoint any volunteered data collector for any registration area or part of the area..
3. The Chief Registration Officer may direct any data collector to produce a testimonial admitting that he has performed his duties properly and empower any assistant registration officer in this regards.
4. If any person take care or take charge of any other person, he shall be deemed as guardian of the other person.
5. Whoever resides within the Union of Myanmar shall furnish the registration officer with authentic particulars in relation with essential facts to the best of his knowledge for the purpose of registration.
6. Whoever resides in any area within certain period hereinafter referred to as registration time frame set by Chief Registration Officer or any other officer empowered to this effect shall furnish the respective record keeper or data collector with his personal particulars, mentioned in form 1 attached to these rules for the purpose of registration. Provided that the guardian shall furnish personal particulars of the ward in case the latter is the ward of the former.
7. (1) The data collector shall make the registration list relating to the persons residing within his jurisdiction by preparing three sets of Form 1 recording the personal particulars mentioned in it.
(2) Whoever when required by the record keeper or data collector to reduce the signature on registration forms, registration card and identity card, is responsible to do so accordingly. Should the said person be illiterate, he shall place his fingerprint in lieu of signature. Record keeper or data collector shall endorse the authenticity of signature or fingerprint of the said person.. Any acquaintance of the record keeper and/or data collector shall give evidence identifying who the said person is.
(3) Whoever when necessary to bring the registration card along with him 8. (3). If any person, under this rule, is in need of carrying the cards, there should be the respective Registration card, TRC and registration forms with each photo concerned. Besides this, Registration Authority should be permitted to take photographs in this regard.
9. Data Collectors shall provide the records to Record-keeper. The Record-keeper shall inquire the data-entry in the records whether it has been done completely in a proper way to his satisfaction. Then, he shall perform necessary amendment to his opinion in the records. The record-keeper shall then send the records to ARO. ARO shall take necessary action in this regard in order to issue the card.
10. The ARO shall check the records and sign. Each copy of these records shall be sent to Record-keeper and RO.
11. RO, ARO and the Record-keeper shall be obliged to keep safely the registration records of the wards supervised by him. Then for the whole Union, the particulars of registration shall be written on the index-cards. The index-cards shall be kept
by the Chief Registration Officer.
12. When the ARO receives the registration records, he shall issue each card to each person of properly entry in the record if he has already attained the age of 12.
13. (1). This record-keeper may issue TRC for any of the following reasons:
(a). If record-keeper suppose that entry in the registration record has been done completely in a proper way.
(b). If an application is submitted to issue the another card in lieu of the card, which is lost or damage or faded out.
(c). If there is specific reasons by general or special order.
(2). The TRC must be in accord with form (3) attached to the back of this rules.
(3). The validity duration of TRC may be restricted by fixing a deadline.
(4). The holder of TRC shall surrender his card to record-keeper within 7 days after validity of the card expires. The record-keeper may reissue that card endorsing it for validity extension as and when necessary or he may issue new TRC.
(5). The holder of the TRC, when receives the registration card instead of TRC, shall hand-over that TRC to the recordkeeper. However, relating to the matters under rule 4 and 5, if TRC is subject to the ward of another person, the guardian shall hand-over that card.
14. In case a registered person was not issued a card because of under age, the guardian of that person shall apply for the card to the Record-keeper within 30 days after that person has attained the age of 12 years. But, if the registered person is not ward of another person he is responsible to apply the card by self to Record-keeper.
15. The Record-keeper must be responsible to issue the registration card or TRC properly to the concerned person of that card or to the guardian if the concerned person is a ward of another person.
16. The person concerned or the guardian concerned to the Registration card or TRC, when received that card must be responsible to maintain that card not to be contrary of provisions under section 29.
17. No one is allowed to make any mark or any statement on the Registration card or TRC. No one is allowed to erase or change any mark or statement on the registration card or TRC. No one is allowed to fade or spoil the Registration Cardor TRC. But, the provisions under this rule shall not apply to the matters done by any Registration Authority or any
instructions of Chief Registration Officer.
18. The person concerned to Registration Card or TRC or the guardian of that person shall not hand-over that Registration Card or TRC to another person.
19. If the Registration card or TRC is lost, damaged or faded, the holder of the card or the person responsible to keeping the card shall inform Record-keeper to this regard and to give one Kyat fee to him. Provided that ARO has thought the reasons fit in that case, may exempt anybody from providing the fee. Whenever the card or TRC is faded out, such of
those shall be handed-over to record-keeper with a complaint. The Record-keeper or ARO shall take necessary action inorder to issue a new card in lieu of Registration Card or TRC as to the concerned person's necessary thereof.
20. Whoever finds a lost Registration Card or TRC shall hand it over as soon as possible to the record-keeper of where the card was found.
21. Whenever the registered person dies, his Registration Card or TRC shall be handed over to the Record-keeper within 7 days.
22. Whenever the registered person, under the act, is terminated from being registered the complaint to the regard of such termination, shall be sent to ARO or any other person empowered by the Chief RO to accept the complaint thereof as soon as possible. As soon as the complaint is sent, the Registration Card or TRC shall be provided to the said Officer or the person empowered.
23. Whenever, anyone is in the possession of extra Registration Card or TRC not concerning him or not relating to the ward he shall hand it over to record-keeper urgently.
24. Whenever, anyone is in the possession of extra Registration Card or TRC concerning him or relating to the ward, he shall hand it over to the Record-keeper urgently.
25. Whenever anyone, departs temporarily from his registered address, for a period continuously more than one month, he has to inform that of such departure to the record-keeper of his registered address or present address.
26. (1). A registered person, whenever changes his address, shall inform such change under the provision of sub-rule (2).
Provided that, if a person is a ward of a person, the guardian shall inform in this regard.
(2). A person arriving at in new address has to inform in writting within 3 days the Record-keeper of his new address in this regard. When having informed, Registration Card or TRC shall be handed over to Record-keeper .
(3). If it is TRC, the Record-keeper must issue that card after enclosed on it. Or new TRC must be issued. In this regard, ARO shall be reported.
(4). If it is Registration Card, the record-keeper must issue TRC in lieu of Registration Card to that person and submit the said card with his report to ARO. The ARO has to issue the said Registration after endorsed it or he must issue a new Registration Card.
27. (1). If any registered person has any changes on the their grounds except the address provided when registered, shall inform such changes accordingly under the provision of sub rule (2). Provided that, if a person is a ward of a person, the guardian shall inform in this regard.
(2). A person shall inform the changes to the record keeper in writing within 30 days after having changed in such a way. When have if informed, he has to hand-over the Registration card or TRC of his possession to the record keeper.
(3). If it is TRC, the record keeper must issue that card after endorsed it or new TRC shall be issued. Then, in this regard, ARO shall be informed.
(4). If it is the Registration card, the record keeper must issue TRC in lieu of Registration card to that person and submit the said card with his report to ARO. The ARO has to issue the said Registration card after endorsed it or he must issuea new Registration card.
(5). The record keeper and ARO have to perform necessary preparations in the Registers which the said persons are responsible to maintain safely.
28. (1). A person not being Registered yet, for a region under this rule, after cessation of specify duration of Registration, whenever resides in the said region, shall inform in written, to the respective record keeper, prescribing necessary facts in order to register within the three days after arrival at the region. The record keeper shall take action as to register the
person thereof. However, if a person is a ward of a person, the guardian shall inform, describing the particulars of that person.
(2). For any region under rule (7), after cessation of specify duration of registration, if there has been a birth, the guardian of the child, within 7 days after such birth, shall inform to record keeper describing the necessary particulars in order to register the child.
29. (1). Provided that anything here in contained in rule (16), the holder of the Registration card or TRC, who is either the ward or not of the another person, shall carry the card with him/her when defence to the outside of boundary of registered address of Township. However if the town in which a person registered his address, is not contained within the
township, he is no need to carry the card unless he defence to the boundary outside of the Town.
(2). The registered authorities and others empowered by the President's Notifications in this regard, shall have the power to submit Registration card or TRC in order to check.
(3). If the holder of Registration card or TRC is summoned to submit the card in the registered address, he has to do so promptly as to summon. However, the guardian shall submit the Registration card or TRC relates to the ward of another person.
(4.) If a holder o Registration card or TRC is summoned to submit that Registration card or that TRC in the arriving address when he is departing from registered address, he shall submit promptly as to the summon if he is the ward of another person or not. If he summoned to submit the Registration card or TRC in the office of Registration Authority, he
shall to submit within the specify duration by that authority or the person empowered.
(5). Any person, for his resident region under rule (7), after expiration of specific duration of registration, whenever happens to regard with this act or rules, shall inform to respective record keeper within 30 days after regarding thereof. The record keeper shall take necessary action in order to register such person.
30. The Chief Registration Officer, under this act section 3, subsection 2 or rule 3 may issue the instructions or summons specially or generally to the employees as he thinks in order to do their works properly. The person who receives the said instructions/summons shall perform in accordance with them thereof.
31. Whoever contravene the provisions of this rule, shall be taken legal action under this act section 6, subsection 2.
32. Notwithstanding anything contained in the above rules, the President may make amendments or exceptions as he thinks fit when apply this rules to the menders of the religious orders or any sort of persons.
33. Notwithstanding anything in the above rules, the foreigners shall be exempted from the application of the said rules other than rule 29 and 31.
34. However, (a). The registered foreigners under 1940 Foreigner Registration rules shall be deemed that they are being registered under these rules. Then,
(b). For the matters in the rule 29 and 31, the registration card issued under 1940 Foreigner Registration Rules shall be deemed that the card is issued under these rules.
Wednesday, March 28, 2012
148 - THE BURMA IMMIGRATION (EMERGENCY PROVISIONS) ACT.2
Burma
Code (Volume 1)
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THE
BURMA IMMIGRATION (EMERGENCY PROVISIONS) ACT.2
[BURMA ACT XXXI, 1947.] (13th June, 1947.) 1. (1) This Act may be called the Burma Immigration (Emergency Provisions) Act, 1947. (2) It shall come into force at once.
32. (1) In this Act unless there is anything
repugnant in the subject or Definitions context -
(2) The President of the Union may authorize
any officer to exercise any or all of the powers of the Controller
under this Act or rules made thereunder.
(3) The Controller may delegate any of his
powers under this Act or the rules made thereunder to any
immigration official.
13. (1) No foreigner shall enter the Union
of Burma without an immigrant permit issued by the Controller
or by any officer authorized to issue such permits or a valid
passport duly viased by or only behalf of the President of
the Union.
2(2) No citizen of the Union of Burma shall
enter the Union without a valid Union of Burma Passport, or
a certificate in lieu thereof, issued by compete, authority:
Provided that this section shall not apply
to a person, who, in proceeding from one place in the Union
of Burma to another place in the Union of Burma, traverses
in the course of that journey any extra-territorial waters.
34. (1) Permits and passport visas * * *
* shall be subject to such conditions as may be prescribed
and also to such conditions as may be set out in the permit
or visa * * * *.
(2) All such conditions shall be deemed to be conditions for allowing the holder of such permit or visa to enter or remain in the Union of Burma, and a breach of any of these conditions shall render the bolder liable to deportation from the Union of Burma if the President of the Union so directs.
44A. Where an affidavit is required for the
purpose of issuing an immigration permit or passport visa,
* * * the Controller or such other officer as may be authorized
in this behalf by the President of the Union may administer
the oath to the deponent.
35. (1) The carrier landing or embarking
passengers at any seaport or airport in the Union of Burma
shall furnish to such person and in such manner as the President
of the Union may prescribe a return giving such particulars
in respect of such passengers as may be required for the time
being by order of the President of the Union and such passengers
shall furnish the carrier with all the information required
by him for the purpose of the return.
1(2) The carrier arriving in any seaport
or airport in the Union of Burma shall furnish the Controller
with a-
1(3) The President of the Union may by order
exempt from the provisions of this section any class of passengers
or voyages, or any conveyance, or seaports and airports; and
any such order may be withdrawn at any time at his discretion.
26. (1) No foreigner shall enter or leave
the Union of Burma by any means except at such seaports, airports
or land stations prescribed by the President of the Union.
(2) It shall be the duty of the carrier who
brings in a conveyance to any seaport or airport or land station
in the Union of Burma to stop the conveyance at such place
as may he specified by an immigration official and not to
remove the conveyance until clearance is granted by the immigration
official.
(3) For examination of any conveyance on
any official holidays or between 17:00 hours and 7:00 hours
on other days, the carrier shall be liable to pay an over
time fee fixed according to the rates that may be prescribed.
37. (1) Any foreigner who enters the Union
of Burma, or who after entry remains in the Union of Burma,
in contravention of the provisions of this Act or the rules
made thereunder may, in lieu of or in addition to any punishment
to which he may be subject under any other section of this
Act be detained in such manner as the President of the Union
may direct, and whilst so detained shall be deemed to be in
legal custody and shall be liable to be deported by an order
of the President of the Union or of such authority as may
be appointed by him in that behalf.
4(2) The carrier who is responsible for the
illegal entry of any foreigner against whom any order of deportation
is subsequently issued under subsection (1) shall remove
such foreigner from the Union of Burma.
8. The President of the Union may exempt
any person or classes of persons from any or all of the provisions
of the Act with or without conditions.
59. Nothing in this Act shall apply to any
duly accredited head of a foreign diplomatic mission or members
of his household, or to members of his official staff and
their families, or to any consular representative in the Union
of Burma and his family.
110. Any immigration official or any police
officer may enter any place or conveyance and arrest without
warrant any person whom he may reasonably suspect of contravening
or having contravened or being about to contravene any of
the provisions of this Act.
211. Fees may be charged for the issue of
immigration permits or passport visas * * * at such rates
as may he prescribed.
312. Any foreigner who has been brought into
the Union of Burma an who is not entitled to enter the Union
of Burma under the provisions of this Act or the rules made
thereunder shall be detained by the carrier, who shall, if
required at any time by any immigration official above the
rank of Sub-Inspector of Immigration remove him from the Union
of Burma. Such detention shall be deemed to be legal custody.
413. (1) Whoever enters or attempts to enter
the Union of Burma or whoever after legal entry remains or
attempts to remain in the Union of Burma in contravention
of any of the provisions of this Act or the rules made there
under or any of the conditions set out in any permit or visa
* * * shall be liable on summary conviction to imprisonment
for a term not exceeding one year or to fine or to both.
2(2) Whoever being the carrier knowingly
brings or attempts to bring into the Union of Burma any person
not authorized to enter the Union of Burma shall be liable
to imprisonment for a term not exceeding three months or to
a fine not exceeding Rs. 200 for every such person brought
or attempted to be brought into the Union of Burma, or to
both.
3(3) The carrier who omits to make the return
required of him under section 5 of this Act or who makes a
false return or who fails to carry out any duty laid upon
him by this Act, shall be liable to imprisonment not exceeding
three months or to a fine not exceeding Rs. 200, or to both.
2(4) Any passenger refusing to give any information
required by the carrier under section 5 of this Act, or who
gives false information for the purpose, shall be liable on
conviction to imprisonment for a term not exceeding three
months or to a fine not exceeding Rs. 200, or to both.
5(5) Whoever assists or attempts to assist
any person to enter the Union of Burma illegally or knowing
that a foreigner is remaining in the Union of Burma in contravention
of any of the provisions of this Act or the rules made thereunder
willfully assists or attempts to assist him to remain in the
Union of Burma shall be liable on conviction to imprisonment
for a term not exceeding six months or to fine or to both.
5(6) Whoever willfully suppresses information
or gives false information to prevent the apprehension of
any foreigner who has contravened any of the provisions of
this Act or the rules made thereunder shall be liable on conviction
to imprisonment for a term not exceeding six months or to
fine or to both.
6(7) Whoever-
(a) uses or has in his possession any forged immigration permit or any immigration permit which bears any illegal obliteration, tampering or alteration in respect of any material particulars, or
(b) impersonate or falsely represents himself
to be, or not to be, a person to whom an immigration permit
has been issued, or with intent to obtain an immigration permit
makes any false statements, shall be punished with imprisonment
which may extend to twelve months or with fine or with both.
113A. If any question arises with reference
to this Act or rules made there under whether a foreigner
enters or remains in the Union of Burma legally, the onus
of proving that he enters or remains in the Union of Burma
legally shall, notwithstanding anything contained in the Evidence
Act, be upon such foreigner.
113B. If any question arises with reference
to this Act or rules made there under whether a person is
or is not a foreigner, or is or is not a foreigner of a particular
class, the onus of proving that such a person is not a foreigner
or is not foreigner of such particular class, as the case
may be, shall, notwithstanding anything contained in the Evidence
Act, be upon such person.
214. (1) No magistrate other than a first
class magistrate or a sub divisional magistrate shall try
cases under this Act.
(2) The magistrate trying the case my direct
any portion of the fine levied under section 13 to be paid
to any person who has contributed in any way to the arrest
and conviction.
315. (1) Every order of deportation made
tinder this Act shall remain in force until it is revoked
by the President of the Union or by such authority as the
President of the Union may appoint in that behalf.
(2) If any foreigner against whom an order
of deportation has been issued fails to comply with the order
in any respect, or having left the Union of Burma re-enters
the Union of Burma without the permission in writing of the
President of the Union or of such authority as the President
of the Union may appoint in that behalf while the order is
in force, be shall be liable to imprisonment for a term which
may extend two years or to fine or to both and shall, in addition
to such penalty, be liable to be deported again from the Union
of Burma in pursuance of the order.
(3) When security has been taken in pursuance
of any of the provisions of this Act or rules made thereunder
the bond shall be deemed to be a bond taken under the Criminal
Procedure Code by the District Magistrate having jurisdiction
in the area in respect of which the said security has been
taken and the provisions of section 514 of the said Code shall
apply accordingly.
16. (1) The President of the Union may make
rules4 to carry out the purposes of this Act;
5(2) In particular and without prejudice
to the generality of the foregoing powers, such rules may
provide for-
(a) the authorities by whom passports may
be visaed * * * on behalf of the President of the Union under
section 3;
(b) the conditions to which immigration permits
and passport visas * * * shall be subject;
(c) the particulars required in respect of
passengers and crew under section 5;
(d) fees under section 11;
(e) the conditions under which and the authority
by whom bail may be granted;
(f) persons who shall be permitted to
practice
as writers of applications for immigration permits or passport
visas and regulating the conduct of business of persons so
practicing ; and
(g) such other matters as may be deemed necessary
for the purpose of giving effect to the provisions of the
Act.
1(3) The President of the Union may direct
that a breach of any rule made under sub-sections (1) and
(2) shall be punishable with imprisonment for a term which
may extend to three months, or with fine which may extend
to Rs. 200, or with both.
.............................................................
2. Published in Judicial Department Notification
No. 214 dated 13th June 1947.— (Burma Gazette,1947,
Part I. page364.)
3. Substituted by Act LIII,1950.
1. Section 3 was re-numbered as sub-section
(1) of section 3 and sub-section 1, as re-numbered was a mended
by Act LIII, 1950.
2. Inserted by ibid.
3. Amended by Act LIII, 1950.
4. Inserted by Act XL, 1948, and amended
by Act LIII, 1950.
1. Existing sub-section (2) was re-numbered
as sub-section (3), and new sub-section (2) inserted by Act
LIII, 1950.
2. Section 6 was re-numbered as sub-section
(1) of section 6 and amended and sub-sections (2) and (3)
were inserted by Act LIII, 1950.
3. Substituted by Act XVI, 1948, and re-numbered
as sub-section (1) of section 7 and amended by Act XII 1949
and subsequently amended by Act LIII, 1950.
4. Inserted by Act XII, 1949, and subsequently
substituted by Act LIII, 1950.
5. Substituted by Act LIII, 1950.
1. Substituted by Act XVI, 1948, and subsequently
amended by Act LIII, 1950.
2. Amended by Act LIII, 1950.
3. Substituted by Act XVI, 1948, and again
by Act LIII, 1950.
4. Substituted by Act XVI, 1948, and again
by Act XL, 1948, and subsequently amended by Act LIII. 1950.
5. inserted by Act XVI, 1948, and subsequently
substituted by Act LIII 1950.
6. inserted by Act LIII, 1950.
1. Inserted by Act LIII. 1950.
2. Section 14 was amended by Act XII, 1949,
and subsequently re-numbered as sub-section (1) of section
14, and sub-section (2) inserted by Act LIII, 1950.
3. Section 15 was re-numbered as section
16 and new section 15 was inserted by Act 1.111, 1950.
4. For Burma Immigration (Detention) Rules,
1951, See Burma Garette, 1952, Part I, page 450.
5. Amended by Act LIII, 1959.
1. Inserted by Act XVI, 1948.
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147 - RESIDENTS OF BURMA REGISTRATION RULES, 1951
Online Burma/Myanmar Library |
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146 - Ministry Of Immigration and Population
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