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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Wednesday, March 28, 2012
148 - THE BURMA IMMIGRATION (EMERGENCY PROVISIONS) ACT.2
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