The Burma Code Vol-2
The Burma Code Vol-2
VOLUME
I'ART lV._DEFENCE.
/'QJlt.
o"'tmJ?I
1. The Burma Army Act 1
2. The BunnJ Army Suspension of Senttnces Act 40
3. The Burma Reserve Forces Ad 42
4. The Burm3 Territorial Force Act 43
5. The Burma Auxiliary Force Act 47
6. T-he Volunteet" Forces (Prote..:tion in Civi..J:mrlo\,ment) Act 56
7. The Soldieu Litigation Ad 58
8. The--Burma-Haval Volunteer Reserve (Disciplin~) Act 6.
9. The Naval Armament A,t .,. 87
10. The--Bttrn13 Volunleer Air fo'orce (Discipline) Aot 90
11. The \Vorks of Defence Act 104
)2. The Women's Auxilbrr Service (Burma) Act 117-
13. The Bl1nna :\fiIitary Nnning Service Act
Ii. The Burma Air Force (Discipline) Act..
15. The Burm'" Naval Disciplim: Act
"'
120
152
'6. ",05t<cP,E",SoolE~ (oiJoE:O"'1') "'dieoo, OOJ
8.
"I.
10.
The i'kk~lin~ Act
The J:::xl:'llhioll (\f Oli'<:nders A<.:t
The Pres.; IRe.:i$lr:llioll l Act
.
Fdl,e.
'"
205
206
209
11. Th~ Pn'~~ IEmeq:~o:n..:r Pow.:rs; ..k t 216
I~. Til": I'ub!i.: Orc!o:r l'pre5er\,.llion 1 A..:t 226
13. The H"'-lni;.iti~,nill~ I Emer~ellq' Pr,,)\'i;ions) .-\":1 231
H. Tht' Pllbli..: L'liliti~;. Prot.:.:tiCll A.:t 2,H
IS. Tho: fbnkers' Bo~k" IIns;'el.':tionl ,.\';1 ... ]3)
16. Th.: c:Bell1i:\1 Sl1p~llie; :\nd ~f\'ice; Ad 236
17. Th~' Publi.: ProP1='rty Prot..:.:tiC'n A<.:t 2~)
94l98: 9-ro')~~C:'l1lt
A.-THE FORCES.
CONTENTS.
ell \l'TEI~ I.
lIN FI.l~11 K\I;Y.
Sah'ow,.
I. II Uurma cOlllmi~si(lIled officel'!'...
Afopli .. dliol1 of .-lel.
1. l'er~oll~ ';'llhil"ct \0 Ad.
3. Spl'l'ial ~I'O\'i~ion as to r:'ln1.: in cert:lip c.l$,e...
-l. COIllI1l:Hnlill~ offIL"C\' of pnSOI1:': sllhjo.:l.:f to mililarr I:lW ullder sectioll 1,
dame (d.
:;. Powers to :Wply Act to eel'!:!.in forc(''' uoder the Government of the
tOuion oi Bmll1;l.
6. Offict'l"s to !;""{"rLise po\n'r'l i:ll,.'ertlin l':lseS.
6A.(,R. . ,- ... f-
D4if,ifiolls.
7. Ddinitioll",
CHAPTER II.
Em'olmelll.
8. Praccdlll'c heiore enroJlill~ cffi,'er.
9. Enrolment.
10. Yandit'" of elll"olmcnt.
AtleS!dlt-'II,
J I. Persons In he :ltle!l!cd.
12. :\Iocle 01" :tttest1tiI111.
2 Burma Army.
Sectiolls.
CHAPTER III.
DISMISSAL AND DISCHARGE,
13.
,14.
'5.
16.
.
Dismiss-...I h~' Presirlent.
Di!\ch:uW~
. .. ..
Dismis~1 h)' the ('eneral Ofticer Commanding, Burma Army, etc.
CHAPTER IV.
SU.NlIAR\" REDUCTIo:>: A:-:P PUNISH)'I~l\TS OTHER\\'ISE THAl'i BY ORDEIt 010'
COUR1'-J.IAllTIAL.
J'rouosl AIiJrsllfl!s.
23. Appointment.
24. Duties and powers.
CHAPTER V.
OIo'FENCF.S.
},f",iffya"d If/5l1bordi/lnIiQf.
27. Offences puni5hable with death.
28. Offences not punishablc?v:ilh delth.
D;sgrllce!"l Conduct.
31. Diseraceful conduct.
l,.loxicalioll..
32. Intozica\iOQ.
Burma Armv. 3
Secl/olls.
Offences in I'datio" to Persolls ill CUJlody.
33. Offences punishable with death.
34. Offences not punishable with death.
O/fell"'s in rtlalion to Prollrty.
35, Offences ill relation to property.
CHAPTER VI.
PUlIllSHNENTS.
43. Punishments,
44. Lower punishments.
45. lo'idd punishments.
46. Position of field punishment in scale.
47. Combination of puniShments,
47A. Ca8hierin~ of commissioned officer on conviction.
48. Solitary confinerr.ent.
49. Reduction of wan'ant or lIoncommissioned officers to ranks.
49A. l~etention in the ranks of a person convicted on acti\'e service.
CHAPTER VI!.
PENAL DEDUCTlo\ll.-s.
50. Deductions from pay and allowances.
51. Deductions from public moner other than pa)'.
52. Remission of deductions.
S2A. Provision for dependants of prisoners of war.
528. General power to make pro\'ision for dependants of prisone" of war or
missjn~ persons.
4
CHAIYfEH VIII.
P~wers of COl/rtsmartial.
72. Powers of general and summary general Courts-martial.
7.1. Powers of dislrict Court-martbl.
74. Offences triable by l'IlImmarr Court-martial.
75. Persons triable by summary Court-martial.
76. Sentences awarrlable b)' summar)' Courlm:utial.
CHAPTER lX.
EXECO"IO~ OF SENTf."'CES.
CHAF'TEH: X.
PARDOXS ANO H~.U5SIO"'S.
CHAPTER XI.
RULES.
CHAPTER XIII.
MI~CELLA:-J:OUS.
Mi/ilary P';i:iJCt,CI.
117. Complaillh a..:"inst officers.
lJ1 A. Complaints by commissioned oHicers.
U8. Pri;,ile~es of perl,ons altcndinJ: Courts-martial.
119. t:xemption from arrest for debt.
120. Propert)' exempted from altachmcnt.
JZI. Application of the !lsi two (ore~oing sections to reservists.
122. Prioritrof hea,il11!: by Courts of C.:lSCS in which officers and soldien are
concerned.
Dis~sal of ''role,.l)'.
126A. Order for custody and clh;pcsal of propel'l)" pending trial in certain cases.
1268. Order (or dispos"l of ~ropert)' reKardin/-l which offence committed.
TIIB ItlRMA ARMY ACl.'
CHAPT~R I.
PRIlLIWINARY.
' . In this Act the exprtssion ., Burma commission('d officers It meOlns Burma
Burma commissioned officers, Go\"unor's (;( mmi.sionrd (llicert and warrant COIP.i..
officers of the Burma Forces who were commissioned under this Act a. in
force prior to the caminl( inlo open.tion o~ the Constitution.
...--.,
,Ion~
A.lj/iuJtiofl o/A.d.
2. (I) The foUowim: persons sh:tll be subject to this Ad, namdy- Penoll'
alIbjed to
(G) Burma commissioned officen. commissioned ofScen and warrant A,l
ofticen of the Bunna Forces j
(bJ penons enrolled under tbi. Act ; and
(,,) persons not othemiae subject to mililary 1.1.\\' who, on aelive service, in
camp, on the march, or at :lny frontier post spetified by the
President o( the Union by notification in this behaU. arc emplo}'cd by,
orarein the service al, or ate followers ol, or iu.:company any portion
of 'he Burma Forces.
(2) E,"cry ptrson Stlhj~ct 10 Ihis Act under subsection W, clause (.d or (PI
shall rem.'1in so subject until duly retired, discharKcd, gshiered, removed or
dismissed from the service.
3. (1) The President of the Union may, by notification, direct that any Special
pc:r:>ons or clan of persons subject to this Act under lection Z, lub-section (1), prnvl,lon
clause (c), s!lall be so subject as Burma commissicned ollicers, commissioned a.I In rank in
officers, warrant officers or non-eommis~iolledoffice", and may atlthoriu Iny elrlain ene.
officer to $the a like dinclioll with respect to any IUch person and 10 cancel
such direction.
(2) All persolls subject to this Act other than officeu, warrant officers and
noncommissioned officers shall, if they arc not penonl in respect of whcm a
notification or diredion under ~ub-scction (J) is in force, be deemed 10 be of a
rank inferior to that of a non-commissioned officer.
:t. Every person subject to this Act under section 2, sub.section W, clause Commandin,
{el, Ihall, for the purposes cif this Act, be deemed to be under the commandinlt oftictr of
officer of the corps, department or detachment {if an.,.} to which he is attached, rc nOfti
and if he is not attached to any corps, clepartment or detachment, under lhe IOhied to
Inilitlr}'
command of any oRker who mas for the till"e bein, be namedalltiscommaDdi", la.under
officer by the officer comrnandinll the force with which stich person may for lh, IIdiocl 2.
time heinl{ ht servin!:. or of any other prescribed officer. or, if no loch ollicer. is clIO'" tel.
named or prescribed, under the command of the said ~cer command ina; tbe
lorce;
Proyided that an officer commandinll a force .hall not place a person under
the command of an officer of officioll rank inferior to that of luch penon if there il
present at the place where such perSOfl is an}' offiur of hi~her rank under whOM:
comm:Uld he can be placed.
I The Burma La." (AdapUlioal Ad. 1940, dtd DOt lh't: a !bt, ... ,nom 10 tNt Ad ber.:a.-
it I, ll'l be deemed to be a new Act for Burma with drtcllrom the datI elf kparalion.
t Insetted by tbc l,;nion uf BunDa IA<1Ipblion cI Lawa) Or"r, 1941.
8
Powesto 5, U) The President of the Uniou may, by nolineation, apph' all or Ill)' of the
apply Act 10 provisions of this Actio any force raised and m:tilltained under the auUIOtit)- of
oom;. Ihe l'mident 01 the Union_
fortnllndn 'fIAI On such notifiCJtion beinfot made, any provisions of this Act soapplied
tbe (',()\~m
mentol Ihe ,h;llllnve eRect in respect of persons ~Iongjn~ to allY such force as they have
Uniooof cITed ill respect of persons l>ubject to this Act, hol<lillit in the Burma Forces lhe
Dllma, l>3me rallk as the :tfore~icl persOlls hold for Ihe !inle heing in the force to which
this Act is 10 applied, and shall have effect in respect of persOns who arc employed
by. or arc in the service of, or are {oIlO"'-ers (If. or accompany any portion of any
such force as they have effect in fcapect of persons subject to this Act under
cL'luse Ie) of s'Ob-~lion (I) of section 2.
'(Z) While any of the provisionli of this Acl apply to any such force. the
President of the Union mlY, b)' notification, direct by what authority any
jurisdiction, poWer'll or duties inciclt:ut 10 tilt: oper.ttionof these provisions shall
be exercised or performed in respect of that force and m;ty suspend the operation
of an)' other en"dment for the time being applic.'1ble to that force.
OfficeTl to (/) Whenever p~nonli liubject to Ulili Ad are lierving-
16
uerdse (a) out of the Union of Burma uod~r "n officer not subied to tile anthority
rOlll!~rsin
ceNin of the l~n:aidenl of the Union. or
ma. (b) in the Union of Burmil ander an onicer commanding any military
OIll:~niz''1lion not ill this lection specifically named, and beinlt, in the
opinicll (,f the ~e~dent of the Union. not lelis than:l brip;'lde,
tlle Prssident or the Uniotl milY pre!r;ribc the officer hy whom the powers which,
uuder this Act. rna)' be exercised hy the General Officer Collllllalldin~!t Burma
Army, and b)' officers eo:nmallclin~ arndes, arm~' corps, divisions and brir:,'ldes
shall, as I-elpeds such pt:rsOils, be exercised.
ItI The President of tilt: Union m:'ly confer SUdl powers either absolutely,
or subj~t to .uch restrictions, rcservaliollli, eX1;cVlions .and coaclitions as he may
think fit.
"A-tO.
Deft_,UO""
D~linilion~_
7_ In this Act, unltsli tbere ili solnethinif repu~naut in the subject or
contcxt,-
(I) Britilih onicer" means" person hold in!: His Britannic M'Ijesty's
II
commission in His BLit:\lltlic Majestr's Lalld Forces or in Ihe Royal
llannes or in the Territorial Arnl)' [or in the Burma Auxiliary
Force or in the Auxiliary }o"orce, IndiaJ I andincludes, in relation to
a person subject to this Act when serving under such conditions all
nuy be prescribed, a person holding a oomnuSliion in Hili Britannic
Majest)"s Nanl Forces or Roral Air }o"orce i
til I' Indian commissioned ofti.cer' munS:1 person commissioned,
~<uctted or in par as ;tn officer holdinR: His Britannic Majest)s
commiuion ill thc Indiall Land Foeces, and indudl's. in relation toa
person subject to lhis Act when servin;: under )ueh l:onditions dS
may be prucribCtl. a persOll holdin~ a commission in the Indian Air
Foree:
I InJeTttd b~ Act xnt. 1l)4),
I AtIW~iW
$Iioll 6A 1111(\ ~ 6t1 lwhkh ,..as fll~rled b~ Act IX. IWI ..ne deleted b)- tilt
r.ioJn ~ Mllnna 1.-\cbiUIH>ll uI .I.anl Order_ 19011.
, Il1krtcd by Act IX, 19oI~, ,,hi~h I"rrw'dn Ihat thh 1I11ltltdmenl stull cenc til or.erale on
Ille ~rir)'01 a period uf Ii, m"'lllll alltr ltrmillation of IKhtililiu ill brini ,llht COIrIllUuurntIIl
oIlb.. Act.
Surma Army. 9
1(2.04) .. .. ..
'18) It commissioned officer" meanS a persOll commissioned, gazellcd, ai'
in pay as an officer holding a commbsion in the Burma Fort.:cs, and
includes a Burma' commissioned officer;
(3) 1\ warrant ollker" Inellns a perSOll appointed, f,(azctted or in pal' as a
Bmma \\:arrant oAker in the Burma Forces;
(4) ,. non, commissioned officer" means a person attcsted undcr this Ad
holdinA non-commissioned rallk in the BUI'ma FOl'ces, and includes
an acting non-commissinned officer;
'(5) ,I officer ., means an officer of any of lhe Burma Military Forces lind
includes an oRicer of any force to which this Act is applied under
sub-section (1' of section 5 and ;dso includes, in relation to a person
subject to this Act when servinJt under such conditiolls a!i may br.
prescrihed, an officer of the Bmma Naval or Air Forceli, bllt does
1I0t includc a warrant officer. petty officer, or non-commissioned
oilicer ; ,
'(61 ,I commanc1ill~ offleel' ", when used ill allY provillion of this Act
with reference to any separate podioll of the Burma Forces or to any
force to which this Ad is applied under sub-section (J) oL section 5
or to ;lny department, means :l. British officer or Bnrma or 'Indian
commissioned offic~r whose duty it is unc1e:I' the re~ul"tions of the
Al"my or, in the absence of <IllY such regulation, by the cnstom of the
service to disch;ul:"e willi respect to that portion of the forces or to
that force to which thi~ Act ha!i heen applied un:ler ~llb"'sccriol1 (1) of
secHol1 5 or to that dep:arlnlctll the functioll!> of commanding officer
in re~artl to lII:llters of the description referred to in that provision;
'\7) "superior officer", when used in rel:llion to a pel"Son subject to this
Act, includes a w;j)'ranf officer and :l non-commissioned officer
(induciUI-: a wal'rant offil.:cr :lucI a non.conll1Jisllioncd officer of any
foreeto which this Act is :lppJicd under suh-section (1) of section S)
and, as regards pel'sons pl,lced uucler his orderli, all officer, warrant
officer, petty officer or non-commissioned officer of any of the Burma
Nav:\I, Military or Ail' FOI"CeS j
(8) ,. army It, lC ;um)' corps ", "division" and" briJ.!ade" mean respectively
an army, army corps, division or brigade which is undel' the
cummand uf an officer sllbjed to the <luthority of lhe Presidcnt o[
the Union, or whel1 on active sen'ice, an army, arlllr corps, di\"isioll
or hriJ.!:lde under the comllllnd of an officer IloJdin~ :t commissi(ln in
the Burma Forces;
(9) .. corps" me:\llS any separate body of per"OI1S subject to this Act or the
Army Act which is prescl"ibed as a corps for the purposes of:\11 or
any of the provisions of this Act;
UO) "im{ependenl hri~ade to means a brigade which does not {Ol'm part of.
a division;
(11) .. dcpartmcl,t" includes any division or hranch o[ a deparhnent;
U21 encmy" includes all al",ftccl mutineers. armed rf'bds, :lrtned rioter
pirates alld any persou In arms :l~'linst \\"Il01'tl it i~ the duty of a
per"OIl sub jed to military law to act;
(13) '0 active ~ervice ", as applied toa person subject to tlli~ Act, means the
time durin~ which ~nch person is attached to, or form. Pout of, a
force which i~ cnj.!,agt'd ill operatic.ns :lJ:!:aill!;t::n enemy. or isen~aReci
I Dell-ttd b\' lhe rlli"" of !:I\1rma (,\dar1;tlion of Lawsl Order, 1')48,
Snbstituled ibid.
, Sllhttil"red b}' Act XVII.I?4J,
Inserted ibid,
10 lJurma Army.
mi1itar~'in operations ill, or is on the line of march 10, a country or
place wholly or p.utly occupied by au enemy, or is in military
occupation of any fonian country i
(14) I'military custody" means the aITest or confinement of a person
according to the usa~es of the service and includes air force custody;
l(t4A) ., military prison" means a military prison est,blished under the
provisions of section 111 B of this Act ,mel includes a military prison
established by the Government of India or Pakistan in which any
person sentenced uncleI' this Act may be confined under the law for
the time being in force in India or Pakistan;
(IS) U milihry reward" includes any R:ratuity or annuity for long service
or good conduct, any good conduct pay, ~ood service payor pension.
and any other military pecuniary reward :
(161 II Court-martial" means a Court-martial held under this Act;
(17) "criminal Court" means a Court of ordilnry criminal justice in the
Union of Burma j
(tal" civil offence" means an offence ..... hich, if committed in the Union of
Burma, would be triable hy a criminal Court;
(19) I' offence" means any act or omission punishable under lhis Act, and
includes a civil offence as hereinbefore defined;
(201 ..
(21) " prescribed j. means prescrihec1 bv rules made under this Act; ann
(22) all words alHlexpressiolls used herein .111d defined in the Penal Code
and nol hereinbefore defined shall be deemed to ha"e the meanin~s
respectively attributed to them by that Code.
CHAPTER II,
Enrolment.
Procedure 8, Upon the appearance before the prescribed enrollinlo{ officer of allY person
bo"rore en- desirous of beill~ enrolled, thc enrol1in~ ofticer shall real"! and explain to him, or
rollin~ cause to be rcul anI"! explained to him in his presellce, the conditions of the service
officer. for whio.:h he is to be enrolled; and shall put to him thc questions set forth itdhe
prelil:ribed form of ellL'olment, and shall. aHer having cautioned him that if he
makes a false answer to any such question he will be liable to punishment under
this Act, record or Cl\lSe to be recorded his answer to each such question.
Enrolment. 9. If, after complyi\lJl; with the provisions of section 8, the enrollin" oAicer is
ulisl1ed th;t,l the perun desirous of heing em'olled fully understands the qUl::stioM
pul 10 him and consents to the conditions of servicc, and if he perceives no
impediment, he shall si/.ln and shall also Coluse the person to sil-tn lhe enrolmenl
p;t,per, a\ld the person shall then he deemed to be enrolled,
'aliditr o( t.l. Every persOIl who h;t,s for the space of lhree months been in the receipt of
etlrolment. military pny as an ellwUed perRon and been borne on the roll~ of an)' corps or
department shall he deemed to have been dnly enrolled, and shall not be entitled
AlUdaliofl.
11. The following persons shall be attested, namely ;- Penon. lobe
attested.
(nl all persons enrolled as combatants;
(b) all other enrolled persons prescribed by Ihe President of the Union,
12. (1) When a person who is to be dtested is reported tit for duty, or has Mod< 01
completed the prescribed period of prob"\tion, an oath or affirmation shall be allnlallun.
administered to him in the prescribed form by his commandinJ{ officer in front
of his corps or lillCh portion thereof or lIuch members of his department as may
be present or by any other preacribed person.
121 The form ~f oltb or affirmation prescribed under thi, section shall
contain a promise thallhe person 10 be attested will be faithful 10 (the Constitu_
tion]\ and that he will sen'e in Ihe Burma Forces and go wherever he is ordered
bv land or sea, and tbOlt he will obey all commands of any officer set over him,
even 10 the peril of his life.
(j) The lact of an enrolled person havinlt taken the o:lth or affirmation directed
by thil scclion to be taken shall bc entcred en his enrolmcnt p.1per, and aulhen.
tieated by tbe signaturc of theofftecr administcring the oath or affirmation.
CHAPTER III.
DUiNISSAL ANI> DIlCHARGIT.
13. (II The Presidcnt of thc Union may dismiss from lhe service any penon Oi'miNiI by
subject to this Act. Pretident.
(2) ~
14. The [General Officer COOlmandinJl, Bunna Anny, an officer commtnding Dilmb~al
an army, army corps, division or bri",\(Ie,l' or any prescribed officer, may dismils by the
from .the service auy person serving under his comm<Jnd other than all officer. GmeTal
Officer Com
m..ndint.
Bunni
Ann)". etc
IS
16. The prescribed authority may, in conformity with any rules prcecribtd DiJChlr.e.
in this Ixhalf, diS\:harle from the service any penon suhject 10 this Act
17. Every enrolled person who is dismissed or dischaTlzcd from Ihe service ecriUiclte
shalt be furnished by his conunanding officer with a certificate, ., to l'erton
scUinA (orth-
I.) the authority dismissinlt or discharj(ing bim i
dilmi&lcd
cllarJtd
......
(bJ the cause of his dismiss.'11 ordischaf1l:c ;
Cel the full perio(l o( !lis service in the army.
I SubsliMel1 by the l'nlon of Hurma (Adapillion of LaWI) Ordel, 1948
Substituted by Act XVII. 194).
~ Delclecl by the UnIon .If HlirmI IAd~plation d L.nn) ord'r, 19411.
BUI'miI Army.
Ditchlrft. 18. W Any person enrolled under tbis Act who is entitled under the condi-
ttc.. Ullt 01 tions of his tnrolmtnt to be rlisch,lraed, or whose discharfle is ordered by Cllm
tbe Unl<>n 01 petent authority, and who, when he is so entitled or ordered 10 be di&eha\l!:ed, is
8urnta.
servinJ! out of the Union of Burm'l, and requests 10 he sent tothe Union of Burma
shall, before lleinfl <lisch:lrfed, be sent 10 the Union of Bllrma wHh all can-
venitnt speed.
ttl Any pen;on enrolled under this Act who is di~misstd frem the service
and who, when he is ~ dismissed, is seninj! out of the Union of Burm~, sh:lll be
sent to lhe Union of BUnll3 with all convenient speed:
Provided that, where an, luch person i, :;enlenccd to diamial combined
",;th any other punishment, such other ptmishment, or i~ the caSt of 2. sentence
of tnnsport31ion or imvriscnment. a portton of such olher punishment, 11\.1Y be
inllicted before be is sent to Ihe Union of Burma.
CHAPTER IV.
Reduction 19 (lJ The (Gener.d Officer Ccmnlandinl!, Burma Army, an oAicer com-
0( non'COllt- mandin~ an arm)" I :trm)" corps, c1idsioll or hriJladeJ' or any prescribed ofllcer, ma)-
missiooed reduce to a lower ~de fr 10 the ranks any "'arrant oAicer or an)" non-eorr,mis-
ollicerl.
stoned officer under his comnund:
Provided that':I warrant oaicer reduced 10 the ranks shall not be required to
serve in the ranks ;as a .epa)'.
rz> TIle comm.1nding officer of an :l.ctin~ non commissioned officer may order
him to relullo his permanent ~rilde:ls a nOllocommiuioned officer or, i( he bas
no pennanent ~radc ;above the n.nlrli, to th~ nnb.
Minor 21. (I) The President of the Union may svecil)' the minor punishments to
J'IInishmenl5. which persons subject to this Act shall be li;lbie withoutt!te intervention of:l Court-
martial, and the officer or officers b)' whom, nlld the extent to whkh, such minor
pilllil.hments ffi1)" be awarded.
I!) Imprisonmeut in military cU~lody amI illihe else of peTSons ~llhjed 10
this A.:t on :lclive service anr prescribtd Jidlt pUlli~hl11ellt m:l)' III: Ipedl1eq as
minor punishments. provided that-
e,,) tbe term o( such il'QprisJlllnent or field Puni~hment shall nClt exceed
t\\"elltr-ei~ht (bys; and
(6) it shall not be aU"aroctl to allY peru II of or abo\'e thc rank c,( non
commissioned officer, or who, when he committed the offence in
respect of which it:s awarded, "''2S d or above stich rank.
21. Whenever an)"wtolpon Of" part of a wcapon forming P:lrt of the l.'Quipmellt
of a half SlllladrclI. h.lllery. cnmPo'n)" or other similar unit is lost or stoltn. the
(General ()ft;cer Comm:\lldinj.!, Bnrma Army, or the officer commanding the army.
anny corps, division or independcnt bripde to which such unit belong,,)' mar,
after obtain;n~ th~ report of:l Court (If inquiry'. inlpo$~ a collective fine upon the
commiu;ollc<l ofllcen:, warr:lnt officers, nonC(lmn)i~siC'nC'd officm :lnd m~n or
!':udl unit. or upon so nlanr of IIt~m :"Is, in his jud~melll, ~holll(1 he 11f:1(\ re!':pon~i
ble lor such loss or tb~ft.
Prot>OSt-Mnrslrnlt,
23. For the prompt and in!\t:lnt r,epression of irrel:nlaritie!\ :lnd (rrence!\ Arpolnt
committed in tI\(' ~eltl Of on lhe m:lrch, J'l1'O\osl.mar.;hals rna)' he appoinle(l by Ihe IIlCRt.
lGeneral Officer Commandin~, Burma Army, or the officer commanding an army,
army corps. (livision or independent blig:l(~e.r or 311 officer eommandinJ.! the forces
in the field i and the powtrs :lnd duties of snch provost-marlhals shall be
reaul::ted accordinj:( to the established custom of war and the lllies of the servia,
24, (1) The duties of a pt"ovost.m"'f5hal RQ appointed are to take charge of Duli" aJllI
prisoners confined for offences of a ~ener~1 description, 10 prese"e lood ordtr poWUl.
and discipline. and to prevent breaches of the nme hl' perlOns belollJ,!ing or
allachecl to the :lrnl}'. He may at anr time arre,>t :lnd detain for trinl :tnr person
subject 10 this Act who commits an offence and mar nlso C:lrry into effect an\'
punishments to be inRicled in pursuance of the sentence of a Courtmartial. .
(Z) A provost-marshal may puni.h with any punishment mentioned in sectkn
2'1, suh-section W, clause (b), any followf!' who is subject 10 this Act under
sectiOn Z. slIb.JIection (1), clause (,l. and is a menial sc"nnt and who on active
strvice and in hi. view, or in the view of nny of his auist:mts. commits an)' hreach
of good oreler and militan' discipline.
CHAPTERV.
OFnNCII,
28. Any person subject to thil Act who commits IIny of the lollowinM offences. OfJe~not
that is to say,- punbllable
with death.
(n) ili ~ro~ly insuhordinateor insolent to his luperior officer in the execution
or his office; or
(6) reiuses to superintend or assist in the malrin~ 01 any field work or other
mililllty work 01 any description ordered to be made eilher in quartel'l
or in Ihe field; or
(t) impedes a provost-marshal or an assistanl provost.marshal, or any officer
or noncommi~~ionedofficer or other person legally ~xercisinlt ::mtbo.
rit) \lnderor on behalf of a provost.marshal,or. when called on, refuses
to assist, in the exeeution 01 his dut)" t1~ prOYOIt.rnarshal, auistant
provost.marshal or any such oliett. noncommis.c;ioned officer or
other p:rson ;
shall. on conviction by. Courtmartial, be punished with imprisonment, or with
such less punishment as is in this Act mentioned.
2
It
~'J.l,t' 31. An)' persOll h;l\"itl~ become subject to this Act who is di~covere<l to
~ns~t'rs em have made a wilfully lahc ;11ls\\'~r to any qu~stion set forth in the rrC'S':l"ibcd
enrolmml.
form of enrolment which has,.blren put to him by the enrollin~ officer before whom
he appear'li for the rurpose of hein~ enrolled, ~halJ, on conviction hy Court-martial,
b~ pllniiihed with imprilOOnmtnt, or with stich les$ pnnishment as is in this Act
mentioned.
orlt'llC(~ In 38. An}' penoll snhject 10 this Act \\'lIn commits an~' o( the (ol1owing offences.
rrblinnlo thM is to ~a)',-
1;0"'11-
nl~rl'.l. (a) when dul)' summoned to attclld a~ a witntss bef<?ft' ;\ Conrt-m:lrtial,
intentionally emils to a!leud, or r('fllS~~ to he sworn or atlirmed or to
all"\\"~l Jl.ny quC'slioll, or to ptO{]ucc 01' <ltli"cf tip all}' hook, documcnt
or other Ibill~ which he m,lr han been <luly warned and called uron
to pl'Odnce or deliver np ; or
fb) inlentionallr rifers :ulr insult or C'allS('S a11\' inlerrllp!i(\11 Clr dislnrbanC'('
10, or ll':t"s ao\' nll':n:lrin~ or Ilisrrll[lN'lfnl \w'Ir{], siJ!'n or ~estllrt', flr is
inslIbordin:'ltt. (Ir \Oiolt'nl in. Illl" p:"('srnce of, :'I Court-m:lrlial while
sitlinJ,! i {'Or
(f) h:ldnJ.! heen 1I111~' S\\'01'n or :'IAirmed bt'fort' an,r Conrl-mal'tial or olhtr
mililarr C(\l1rt comretent 10 a<!minhlrr :In o<.th 0" .1ftinmlion. lll;lkes
:m}' statement which is fal"e, amt which he either knows or htlievts
to he false or does not helie\'e to he trut' ;
shall, nn ('o1l\oiclinn h~' Court-mJrtial, he rllnisht'cl with iniprisflnment, or \\illl
such IC'~II pllnishm('nt ;IS is in Ihis Act mentione<l.
(.-) iroprisonlll~nt either rigoroDs or simple for all)" t~rm not excrediog
fourteen years ;
fed in the COISC of commissioned officers\ oshiering ;
fdJ di!lmiwJ from the sn".,jce i
(el Of ~ ill
tfl TrdnC'lion, in the C:l~e of:l warr.'llll <llirer, In alOIl"H I!r:l(~e or cb.~~ or
Ilbce ill the Ij,,1 of hill rank, or to lilt' rauks ; or ill lilt' casf. of a non
COllllni5.<;;inneci Clflker, to :l 10\\"('1' gr:Hle or :a IO\\'f.r r:\Ok or to the
r:mk;;: .
P'r.,)\Oitlc(1 1h:ll:l W:Ur.ll1t ofhetr redlK'ed 10 the T:lnk.. shall not he
required 10 ferYC in lhe r:mb:t<;; a S(llO)":
1.':1 in the use of of'lkcrs, warrant officers and nOll-commissioned offiCffS,
forh:illlrt. ill tlll'rn'sni}\e(l 1I\;lllllCr uf st"nil ril}" of rdllk :md ~cn"i<.:c
fliT :ht' purpose uf proll1f'ti('11 :
(~'I!') in the ~'a~c of (Ilieers. warralll olli~~r:s :llltlnOll-commissionet: cAken,
rcprimaml or ~~'ren l'<,prim:\Ilcl ;
(hI {odtiture~ :'Ind stollI'agc~ as 101l0\H, namel);-
m {Ilritilnru 01 !l('r\'i~'e for the I'llrrn~e ('If in(ru~d I'?~'. {'e11!iOIl fl'
:lnr othl"r prl"'rihrd JlUrpos.. :
(~) +
!iii) fnrftiturf', in the case of:l; per~(\ll 'I:C:ntenct'd 10 ca~llitrill~ or dismi~1
{rom lhe ~\'ict', of ::III arrear.; ('If r~1r and :lUowallces :lnd ('11It'r
puulic mout')' dlle 10 him al the linle nf snch C3$hierin~ or
dismi~~:'Il ;
liv) ~IOPI'agl'S of I.~r :1ml allo\\":'Ince~ until :'Ill)' proved los~ or d:ll1la)!t'
C'ce:l.sione{I h)' the offellce or \r!lich he is cOlwiclcd i~ 1ll:It!e j;!('l(l(! ;
{d ('Ill 3ctil'e urvict. forfeilure o{ IXI)' and :ll1o\mn~t~ for a period nol
excetdinllt :hrec mont1I~
..... ~
l,nni~ ..
..... Wllt.re in rl"~pt\~t or 3nr offt'llee limier Ihi~ Ad lhtre i5; s~eci6ed a
IXlrt...ub.r l'nnishlllf'lli or 1ol1t'lI 1f'S.c; I'llnislimt'nt a~ i~ in !hill Act mention(ll, tI tre
mflll~.
mw ht- aW:l.nled in 1't'~pccl of that offt'n('(' in~te.1d ar such rarticllb.r Jonni!>hmenl
(hul suhjtcl to the olher J"ro\'i~kns of this Act all 10 Jltlnishllltnt~ :llld reJl,arc:\
ht-inA h ltl to Iht n..l\1re aud dej!ret of tile ofi('ncd :In\' one fluni~hllltnt lo\\"tr in
lhr- :.hovt ~calt. Ihan Ihe Jl1rlicll1:'tr pllni~hm('nl. .
)'itld 45. Where an)' person, suhj~1 10 Ihis .\cl ann uncler Ihe un!;. of lI':lrrant
punis.hllltuif. oRlce-r. 0:1 :\c!i"e ~r\"ice is ~nihr of anyal(('oct. it 511:1.11 he la\\'ful for a ('ouri
maT1i;,\110 :Iw:ml {or th:l.l offenct OIn)' such plluishmf'nt, aliltr th.an ROlU:in~, :1~
1110.)" he prescribed :IS:l. lield J!unishlllt11l. Fitld pnnishmtlll ~h311 hto o( the
\'h:arlcler of f!tf':;(1n:a1 m>lraint or of h;'\rd I"oour hnt shall not bt.. of a natnrt 10
C;'\IISC injnry 10 life or limh.
P,"il"->!Iof 46. Field punishmenl shall, (or the Jlurpose of commlll:llion, tlt dl.'emed to
field '1t;'\nd in lhe ~cale of Ilull;~hm("nls lit),! helow (llamisfal.
l"'Il,;shnltnl
;11 se:l.lt.
C.wnbinaH.,n ..,. A ~nlcnce ofo;, lAurt.m;'\rtial may aw:ud. ill o.ddjtion In or withont an)'
of puni,h. one oilltr pullishmmL Ihe punishment specilied in r.bltst (cc) or dause (til :tnl!
I"lV'QI1. :In) one or more of the punishments sf'tcilied in c1:austS (IJ, (f), <it> and U) nf
~ctiOIl of,\.
CHAPTER VII.
I'F.K,\L D~lJu(,;Tlo~s,
st, II) The followill~ 1hl11al detillclious mar be 11101dc In:m the Va)'. :Jlld Dc.h,\t1un~
i1l1O\l.'ances 01 d ~omillihivncd oflkcl'\ that is III sa)',- It'lIl1 1'\1\'
alld allu"\\"o
, (0' all pay :Jlld allvlI";t1l~S lr.r e\'er)' c.l;,y o( absellce willwulle.l\'e,l1IJIc!l1 a 1II1ee-.
aali"fador)' eXpl;llIOltioll has !:Iccn Iti\'cn through hill commilntlinj.!
officer and has been approved br the Presi 'enl of the linioll ;
(6) an}' sum r-=Quircl! to nL"lke g:ood such ~Olllpem;.,'\tion for :UI~' expen~es,
los~, c!;unaae or destruction OC\.":I,ionctl hr lhe COrnmi'!lioll of all)'
oRenl.:c <oS ll1;r be delermillcd 1' the Conrtmarti;d b\' whom he i,
.,;onl"icttll o( :r.uch offence (Of br all ~r e:cen:rsinl: <luthoril)'
under llCcl;r.n 20)' :
(c) :tIIY WIll rt:tluirec.1 to make l:ooc.1lhe poi)' of an, person :.tJhJtCI to thi"
.\cl whkh he has llnb.w(ully n:billerl or unl:llt"fully rdt~d 10 ~}' i
(Ill illl\' Mnn requir-=d 10 make J:.tXXl .n~' 1000I, d:un"fl,c or dellruction of
pnIJlk or regimental propert, which .. flu due io\'("'sliJ!atioll :appears
to the P~ident of the union 10 have: hten occa.",icflf:(l t'l\" :till'
wrongr"l;1('t nr n~ll:elltt' nn Ihe p:lrt n( the (':Omlllis",innt'll ... l'Ii(.('r ;
(t) an)' lIu:rt orrlere:d h\' a Conrt-marH:t1 to I~ !\Iorretlundtr u<ction 4'.
I $lIbsliiutcd b): the Unjnn of lturma t.\rbI'lJlion '" Law,) Order, t?U.
~ 'llscrtcd by Atl XX\', 1913.
22 Btu"". Army,
(Z> The followilllt pen~l de~luctions Inay be made from the pay ;Indallowaner.s l
of iI PC-rwll suhject 10 tbis Ad uther I h;lll a commiioned oftil:cr , IIlal is
to sa}',-
(,,) ;111 IJitr aUlI ,I!IOW,IIIt:eS for eYer)' day of absence either all detertion (,r
wilhout len-e, or ilS a prisoller of war,and for every day of impri;;oo-
ntellt a\\ardcd hl' it criminal Court, a Courtm.1.rlial, or an oliicl.:r
e~ercisini: .mlhorit)' Ilnder section 20 or of field punilolJmcnt awarded
b)' a CoortmartiaJ or soch officer;
(6) all pay a'td i1llowancCl for every d:ly whiM he is in custody 011 iI
chan.ce for ,III offence of whicb he is afterwards convicted by it
criminall:oort or Courtmartial, c-r on a chan:e of absencc wiHlout
IUt'e for whi.:h be is afterwards awarded impriSOlllllcllt or
field I'unilohment by an officer exercisin~ 3uthorit}' under
loel:tioll 20 :
'd ,\II PolY :lU.I'allowoIjlce;l for et'er}' elly on wllich be i~ ill ho:;pilal ou
account of loickucl>1i t:l-rlific:d by tllc medical officcr aUcndiJl).: on him
to howc lK'en caused by an olIenee uuder Ihis Al,t committed
Uyhim;
IU) ItJr every Ilay on \\hil.h he is ill hospilal 011 account of sic1neSll cerli6ed
by Ihl: n1C~dicll officer allendill~ 011 him to ha.e becn caused by hi~
0\\"11 misconrluct or IIllprudcuee, such sum as may be specified h)'
order of the P~idellt of Ihe Union; .
(d) ;111 pa}' and ;llIowanccs ordercil by it Court-martiallmder Sn1ion ,U, or
h}' an (lflker e:tcn..i~illl! anLhority uncler section 20. to be forfeited;
(e) ;IllY sum ord<:red by a Court.martial to be stopped under seclion H ;
(I) .IIlY SUIll rtquired to makc Iotood such comrtn~atioll for an)' expenscs
caused by him, or for anr 1('>&$ of or dam~~e or destillclion done by
him to all}' arlll!, amlllunition, equipment, dothinJl:I iustruments"
re~imental neeessartes or military decoration, or to any buildin~s or
pruperly, as may hc llwarde<l by his commanelini!: offict'f i
(tl all~' ~um rt'ljuirtd to POlY a lillC awarded br a criminal Court. a Court-
m;lrtial r:trrcisil'l<! jurisdi<:lion under ~ection" J ,or au officer exel'dsin:.!
authority umlt'r section 20 or section 21 :
Provided tll;11 the tolal dctlm:tions front the pa~' allrl allov..ances of a persOIl
snbjed to this Act other thall a commissioned officer' mllcle under c\;IUS<:S (eJ
to If), h011l inclusive, ~hall not (cxcept ill the crise 01 a persou loellt...ll;ed 10
dismissal) exceed in .1lIY OIlC mouth one half of his pay :Iud allowanccs for that
month,.
E.J'Nllfla/,oll,--:-For the purposes of claus('s (n) and (6)-
(i) ahsence or clIsto<ly for ~i:c COlIstcuti"e hour~ or upwards, \1 h~ther
wholly in one (la~' or p;lrtly in one day iLnd partly in allother, may
bc reckOned as absence or custody for a day:
(ii) absence or custody for tweh'e ,0n~Cllti\'e houn or upwards nlay be
reckoned as abscnce (Ii custody for the whole of tach dar durin/:
;IIIY portion of whidl the person was ab-;tnt or in custody: and
(iii) au)' abSCllCt or \'11:>101.1\' for Itlos than a day may be reckoned ;IS abstlll"e
or cUShxl.\ for" Iby if ~lIcb absen~c or clI~tody pre\'Cllted the at-$~ntee
frum fulfilling all)" milit.1r}' clul}' whi,;h was thereby Ihrown upon
some othl"r person.
5t, Any slim authorized by thi~ Act to be deducted from lhe pa}' and
Dtductlol'll allowances of anr ~r!::Oll m'lY. witheul prtjudice to :Ill)' other mode of recovcrinr
rfllm ,.,1>lk
moor\'ncbu the s:amt, be derlncted from anr public money dlle to hi'1l other t1l.'1n a
thaQ r;a)', pension,
, Sub$litutrtl b)' the Ullioo of Burma IAdapiatiOft of La...$) Ordrt, 19U,
23
U. Any deduction (rom ptl)' amI a1lowallctS authorized hy this '\1,;1 nlol)' be Nemluioa
tof lkcb....
rcmilled in wl,;h manner, ;md to ~u(h ('nell I and 1.1)" luch authoril)" as mil)' from llc...
time to time be prcsaibed.
52". (I) In the case of all PfrsonlJ sobjcd to IhisAct. bdn~ prnonm of war. I'rolhoon
",'luSC rot)' lnd, al~~ances ItaTt been forftilt'd under. ~ccli( II S~, but in rc:)~tCt of ~,:,~~lt"
whom a reml!"SlOTi has !xCII made under set'tlCII 52, It shall be (adul, r";!lOIt(rl
1M)(wilhslandiIlR anS' (lrO\'i:Jon in any cnaclmcn\ or ;l.n)' rult or lOa\\' to Ihe t'.Unll'2I'Y. vi war.
{or proper pro\"ision to be mlde by lbe ptL'Sl.:ribcd authorities oul of Sl1ch pay
and .. lIowanccs for ..ny dependants of weh persons, and ;my ~\lch remissioll
shall in lhat case be deemed 10 appl)' only to the b:l.lancc then:allcr I'tmnlnill~ of
such pal' and allowances.
(2)
'128. III the ca~e of :In}' person illl,.jc:ct 10 this Ad, it ;;Imll he law(nl. lIot- Gcuer:d
with.l;uJ(lin~ ;lnr provhion in thh Act 01' in an}' other cn;lctmt'ul or in ;In}' lulr of (lU\\tftv
Illilokc 1'1'0-
law to tile conlr,II1', for proper provisiotl 10 re mOlde br the pn:K,-il'CI] ,Iulhoriticli \Wult fur
for any dCp('nd.lllls of "Il}' illclJ .. er~all who is a prisoncr of "ar Of mb~in out 4cllflldaub
of his pil}' ,unj allowanCCl, "ll'rillOllcn
of \\'uor
1Jl1~1l1t"
CHAP'r~ll VIII. ('t'rJuI".
COuJtT$o)fAaTUrM
r""5lil"tkJ1l cud DiM/lIlio. vf C:"",Is-m.n"Il.
53, ,,"or thc purposes of lhis Ao,:t tbcrt shilll be (our kinm of Courlli-Q1artial, ClJlnl5-
that b to-t'r.-- rnmial and
the killcb
III ~cn{TolI Courts-nlarli01I ; Ihe:Jf,
121 district Ct tn1s-m01rli- J ;
(3) SIIUM,],!)' ~~Ilcral Courl:i-marli01I ; and
(4l SDmma!")' Courb-m.,rlial.
54, A I;clleml Courl-martiid mal' be convened h}' the I'rcsidcnt ollhc L:nioJl, l'u,,u to
ur by an}' oGicer em~~\\ ered illihis IJellaU b~' w.rraut o( lhe Pruidenl of the l'nion, ~OIl\"cne
;':en<:r..l
t;ourl.-
mattial,
IS, A di~trict Canrt-martial may be COI,vt.'ned bl an}' allicu havillj,( powcr "Ower to
ta 1:011\'CI,e ;1 ~ellcr;tl Courl-martioll, ar b}' any officer 1.'llJptoWt rel' ill lhis hliaH WIlI'cne
b)' warrant 01 <tllr ~u<:h ollio.:cr, III.triel
GlJUrh_
rtial, lll..
57, It. ceneral Court-marHal shall cOt!r.i,1 of not Ins Ihan (lhrttl' oftiCtl") "AllPf'O!ill
.. I cach of whom b..s hdd .. C(mmhsion (or nol leSSlh,l\' 1I.rtc wh( Ie tIl ....:kra..."
}'urs ant.! tof wbom not le:is thOln [lwof .. ~ 1.11 ill rank lid tlrlow tb,tl uf ('a..lain: cotr~
~~?"illed thai, Wllere a ~ufficicnl number of' oAkeN, \\ 110 1I;I\"e held bu.rlul,
comml~slon for not ~ns lhan thrrc wh,ole ):t:ars. is not anilOlblc. \l1r rrt~it.!cl\t of
the Un.an or the o.fficer empO\\'(.'tcd In tIllS behalf b, warr.mt of the Prem:cllt
1 In'col~1 b)' ,"t:l 1:'(, 19<1~,
Subslitutccf br Ad XLI.IQS3,
Oclctt1l h\' the t"joll of Ru.ma 1,\darbt\Oft oIl.;a""1 Orier 11)41
I IDKttt-d 1' "~t XY, t,I&. '
24
of the Ullio:l m,l.\" appoint any oflicer who has held a comll)i~sion for \lot le~s than
om: IdlOle yt:ar, [Ilr who has actt:d as a Sc."siUllS Jud~c for a pcriO\I of nol t....,,$
than two ~'e,ll"l't or who halt :tdcd :t~ an Advoc:lte ollhe Hi.h Court of 0\'1.' teu
~'ur.,,' st:mrlh'l!l' to make up the I'<lluired number} :
'(Prodded further that the rrmisiolls of the Bnnn:l Army (Amclldmer,t) Act,
19SJ, shall arph' to tn:ry general Courtmartial cxistiur,!on the oommenct:ment
d the s:lill Act.l
COlll1"u,i1ion 5&. A district Courtm3rti:l1 shall con,i."t of 11.01 Jess th:ln three ofriccr'$
of llislr;~l " 0- '" ".
CouJ'ts.
muliJl.
59.61. " " '"
CJIlI"C~ninl 62. The following autborities sh:tll have rower 10 -conTene a SUllltDUy
of $UIUIll~ry llellernl Court.martial, namely:-
l!cncral
l.Nurb (d) ;111 ofticer empowered in this I.k:half lJy an order or thl: President 01
In.l.rlbl. the Union:
(b) on .Iethe senit.:l', lhl' oftk::r commanJing lhe foret'S in the field, or
,IllY oAkcr empowcf('d b)' l:im iu lhis hd...U ;
k' an officer wmm:l.Illlillt! ~Il}' (let~chtd j:Ortion 01 ~ c, troops upon
:lo:ti\'e $er~;ce whell, ill his opinion. it is 1I0t pradkabJc, with due
rcg:;rd to cli~dplinc and the exigellci~s of the ~en'ke, thaI :lll
offence ShCIllc1l>f: trie(l hy an or(;inary ~rlltral Court-!nartiill,
Co:l1pJtiliCln 63. A ~umlll;UT ~cl1er.lJ Court.martial shall consist of not less linn ihree
of 1U11IIn.ary c ~ "~colllDlis~iOl1cd oflkers.
I.'euc:r.d
C.ltll'll
Illalti~I,
Summary Of, (J) .\ summMY Court.mOlrlialm,l)' lJe Ilehl-
(,;UllI!l.
IMIIi:lI, I,d by lhc comm.ml1ing offil:cr of an}' corps or deparlment cl the Burma
Fon:~, or oi allY (I"behment 0( lho~ forl'CS j
(6) hl' the commalhlillg 0I1iccr of any C C C'corp:s or detachment to
whidl Jet...ils SUhjl'd to tbi~ Ad :trc alt:.cheol.
12, AI C\'cr~" summary Court,martj;.ll!tC o(tker hvldilil-: th~ tfbl sh~1I alone
con."lilUle.the Court, but the rroct'('dil1~~ sll:11I be :lll<:llded throughout l\l" 1110
a,
othtr officers \\"ho Sh;11I110t, ."uch, be sworn or :.ffimted.
65. 11) Ii a Courtm:trti31 :Iilcr the commencement 01 a trial is relluced l'tlol\"
the sllwllest llum!Jer oi oftiCtts of whkb it is by tllis Ad required to consi."t. it
sball \)(: dissoln:d.
iZ) If. on account oi the illness of the aceused before the Ilnding. itis
ilt1pos~ible to comillue the trial, a Court-martial shall be (1issolred.
(3) Whl.-rc a Court,martial is di~soh-e I under this section, the accu~ed nlar
be tried :.gaiu.
J"rl~Jidiofl to/Cowrb'l1Tarlidl.
Prohibition 66, \\'1 en Any person I'ut>ject 10 111 is "\el has het-n acquitted (or cOfl,iclrd 01
of H"tolld
trial. an offence b~' a C:)urt.m.1rti:t1 or t>y a \:1 im;l1;\1 Court. or has bf.en }umm;1fily <trait
with ior an (fience under sc(tic.n 10 or seclion 11, he shall not be liaulr to be
tritd a~1in for thc 5.1me oft'tnce II)" a Court-martial or de:llt with summarily in
~rt.<"t o( it undtr either oi lh" said ~tion~,
PI1V1II'S of eo.m..M#II1.
7 J. A ,enerod or wXlIn:uy JZellCnl Coart'Q1Irlial mall h&\'e PO"'cr to try Po-a,'cr, 01
allY persoll loubjcct 10 lhi::. Act for all)' caence made ~anisb . . ble t1lcrein aad 10 CeJlCTal_
pass an}' SClltCllO;e auhorilC::d
.by, this Ac,t "",",lMy
,meral
co.rt,
Dlattial.
73, ,\ district Courtmafti~1 sh"n ha\c power to try aD}' persop subject to thl. p~ of
Act other than "n OffiCf'f lor anr oUellet. made puni"ltablc therein. aud toPti~ any dlll,kl
U'I~tcll~ authorized by this Act otl,ler th~n a sentcnce of death, Of transportation, =~I.
or Impn!tOnment for a term cxecedmlil: lwo )'e:J,f!l :
l'rOt'iderl lhat" rli.trict CIMM't-marti:l1 '-hall not award a "'arr:l'" oftiooer a.y
Ilunishment other Ih"n thc JNnisbmcnts 'FCCilitd in daUlt's U!), 'U) and (l) of
I ~b1.mutcd by tbe t:aiaa ... 8tl.11II& (~ptatiod' Ww'' Order. 1M.
26
section 43 or, tither in :l.ddition to (.r in substitution for aoy such pUIll~hmellt the
Vtmi~hmt\lt ~pa:iticd in danse fJ) or :he punisbmcnt .pccilietl ill o.:l.1u)(: If} 0)( that
section,
Ofl"tltl:tI
74. A SUlllmar}' Courl-1l1:utial nay try all}' offence pUlli~lMhle ulluer ally
l.iablt by of thc provbiC'lls o( III is Act:
IUlII,llitty Pro\'iucd that whell thcre is nO s:r.l.l"c re:tSOll (or iUUllCdi"tc a.clioll, and
"""rt
l\\ilfli,,1. refl;l\:llce can witbout lletnlllent 10 diM:iplil.c be made to tbe oflj,;(T cmpowcl ed,
lo COllvellC a tlislrk1 Courl-lI\arti.l1 or on adin scni"e a summ]I1' ~t'lK:ral Court-
m:trtial (or the trial of tho.: alle;:ed offclldr-l', an offil;;cr boldiuJo:;t llumnmrr Court-
martial shall lIot II")' withtllt suo.:h rderent' any of lhe follo\dllg offellces,
11.1mely:-
raj au)' oUellCc pu\li~hable under steliolls 25, li, clauses fa), (b) or ld, JJ
or ,H. or
Ib) an}' olfeno.:c a~inst (IIC oAicer hulllillg lhe Court.
Perl,:m, 7S. A sumnnl')" Courtmill'tial mal" try any person ~ubjecl to this Act and
lri~bk b>" \lllliet thc I,;QMlll;llld of the offi~cr holdillQ; Ibe Court. ex~ept all officer or warrant
liullllliary officer.
l:O,1r.Id-
lIl.Lrti..L
S!.:ntcn.:" 76, A summary Court'lIlarli,ll IIl:l}' pass all)' sellience whicb o.:an be p.tssed
awardabk under lhis Ad, cxo.:ept il scutence (If ,Ie;lth or lranspo11illioll , or 01 iltlpriaOllllleut
lIy IUlIIluaq fOI" :t terlll cx~eedinu one rear,
Cl,IU.l.
martial.
85. (1) Whenever. in the course of a lrial br Cocrt'lII<lrlial, it appe'JfS Lo thc Commi..
51olU.
Courl th;ll the ex.tmination of a witnesli is 1ll..,,;esSIr} for the euds of jllytiCCt and
that lhe attendance of such witness cannol he pf(;)Cured without all amount of
delay, expense or inCOll\'elliellce which, in the circllmstanct;s of tile case, would
be ullreasonabk. such Courl nlay address the Judie Ad"ocalc Gener...1ill order
that a commission 10 Like the eviJcnce of such witness m.IY be bsued.
(2) The JuJge ,\dyocate General Ulay Ihell, if he thinks "eces~;lrYI bsue a
eofluuissioll to :tn,- District MaJ!:is~rale ot' Magistrale of the ~r!>l cl..u, "'ithin the
10000allimit~ of whose jurisdiction ~uch witness resides, to lake the evidelll:e of
such witness.
(Jl ., ..
14J The M lAislrale Clf oDicer to whom the: commission is issned. or, if he ill
the District Magislrate, he or such lhaislrate of the first class as he appoints in
this hehalf, shall proceed 10 the place wht.re t~e witne~s is or aha!) llUmmon the
witness htfore him and sll;l.lI take down hiS CYldence 111 the same manDcr, and
28
m~)' for this purpose ei~reise the same powcrflo as in trials of warrant c,\ses umler
the \:o\le 01 Crimilral Procedure.
IS) +
(6) When the wilness resides out of the Union of Burma, Ihe ..:~m\lnis~ion
may be issued to [an)' consul;u' officer, or other offldalj! comJ)Ctent 10 ,u.lmillislcl'
all 0.11h Of aOirll1atioll ill the place where such \\itnus reside,;,
17) The prosecutor and tile accused pcrsc:n in :lily ease in which a commis~ioll
is issued nl<l)' respeclh'el)' forward au)' illte~tori ..' S in writill"-: which the
Coort may think relc\'allt to the issue. and the MaJ,:isll':1le or ollkcr t(. Wh0111 Ihe
cOlluuissioo is iSiUed Sh1t1 cx;lminc the witness upon SUdl interrolofoltories,
{a} The pro~cutor amI the ac.cused pl..'fson Ina)' appear befOl'"~ such .\Lotgi:.trale
or ollicer hr pleadcr or. except ill the case of an :lIxl,lstll perSOll in custody, in
person. and n"l)' exoLlllinc. cro~-eX-'\llline and reexamine (as the case Inl)' bel the
sail! witncss,
(9) After any commission issucl1 under this srelioll has been dul}' executed,
it "1Ihall lx: retufllell, together with the dr-pasHioll of the wilness rXOtmil1ed
lhereunder. to the Jt1U~C AcI\'O\:,uc Gener.11. ,
"llo) On receipt of;\ ~oml1\is"iiol1 ,lud (!cposition rdlilll~d undrr ~lIh:.edi('1l
\91, the Jlldgc ;\dvot.:'lle Gellcral sh<lll forward the 8:l111t" to 111(' Court ilt wllose
instauce the ~omll1is~ion was isilled or, if such ('01U"1 h<ls been di~li01Vl'd. 10 allY
other Ct'nrlt.:oliY('lIed for the trial of the a,'cuscd person; a1l(1 the c('nltnjs~ion,
the rdnrn thereto and the deposition :lhal1 Ix Ol)Cn 10 the inspectiou of the
pro:<eculor :md the accused "erson. and mar, subject 10 all illst ~:'(ceptions, be
re:d ill evidence in the case h)' either the pros<cutM or the accused, :1IIt! sh.'lll
fOlm part of the rrocecdill~s of lhe Court.
111) In C\C\'l' c.,1.se itl whicll a commission is issued unulT Ihis sediol1 UIl!:
tri \l llI;1y be adjourned for a spedlietl tirlc reasonably sufficicut for" the execution
allli rdUMI of the commis:.ion,
E.rtlalldl,oll.-III :his sc:clioll, the c:XlJf(Ssiou" Ju(lge Ath'Ol:.Ile ft<:nen.l"
llK:aU$ lhe Jullge :\t1\"oc.'lte General of llie Bunna Forces. ,lI1d includes;\ Dcpuly
)u(lgc AtI\'O":;Ue Gcllt~ral.
COIl\-iction 86. (JJ A person dm.:ed before a COllrl-m;trlial with desertioll may be
ofolle {oulIlljtuilt}, of attempting to desert or of beill': ah::.ent without leave,
",tnte \2) A pcrsoll cll;lr;.!elll~forc a Conrt-marti;d wilh atttmpting to t[Cllert nl;IY
I',,;nniiblt
011 ~'hul:t he found !til illy f .. f I of lIt.inJ[ abscnt withcul lean:.
of an"tbtr, (3) A persoll chal"Jtcll btfore a Court'lliarthl with ,til)" of the fl,l1owill~
offen..:es :.pccilied ill sectioll JI, that is to sar, theft, dishonr-sl miS:lrprol"riatiolt
or'coll\'t:rsioll to hi" OWII tI~C of properly entl'uskd to him, or clishone>lly rel'eivin~
Of rel.'linin~ propertr in rcspect of which any of tile aforesaid offence.> has beCII
l::olllll1iued knowing or h,u-ing reasull to l'oelic\e it to h;nc Men stolen or
dishonestlr mislpproprilted or COnvertcd, may be found Muilt,. (If .mr other of
th~ o(((l\I::et with whieh he might haTe b:'Cn cbaf',:ed"
(.#) " pcrwn ch;tf}:etl hdorc ;I Court'lllartial with an u!Tcl1I:c runishabte
under sedion -II m;l\- be fount! ~uilt)- of an)' other OITC1\I'e of which he nl;/:ht
h;a...e hceu (Qullli gui"lty if the pro\-isions of the Code of Crimill;ll Procedure were
applk:lble.
151 A p..:1"t"1I charged hcfore a Courtm,1l1ial with any othtr offence IIn*r
tins .\d 11I,1), UII failurt l,f l'lf'OOf of an of(ellce ha\"ing l'ten t:M1Imitteti in
cir';t1m,,13IlctS ilwoh-il1;'::l more se\"(~re punishment, be found !!uill)' of the same
offence a~ hadnp: loeen l'ommitlcd in cir":lIlnlitancrs im'oll;inlt a It'~:l severe
I'tmidllllrlli.
Substilt:led br Iht ll11ion of Uorma (,\d~pt~tion "" 1..;\11"'1 Ordtr, 19~$.
r 1"~~llcd bl" ,\tl X\'II, 19-43.
I Ddctcd by .~t X.'iX, II}U.
29
(6) A j'>er:fOn chall(~d before a Courtmartial with any offence unckr this Act
lila}" be found lo:uiHy of hadna altempttd to commit or of abelment (If that
offence althou~h Ihe attempt or abctmellt is 1I0t seva-rately chall.<ro.
87, 1\0 st'lIlentlc of l!eath shall be p:tued h)' 3n)' Cottrtm:utial without Ihe lob}orftf
Cnllelll"rell\~ of twotllirds at tilt' le"st of the members of the Coon, rc'llll,ilt 10
unltnreuf
dutll.
Etli1/u" hi/1m C'I/lr/smortiaf.
81. The ETidrllce Act shaU, suhject to tilt (lrnl'isions of this Ad, al'i'll)' to nil IJtnn;ll rille
proccluill).!S befort a CClllrtlIlllrda1. utne\j.
dcnce,
89, A c.;onrt.marti,llllla)' lake jmlicialnoliee of an)' mailer within the general Jlldkial
militarr kllowled.l:e 01 Ihe members, Il,~it:c.
90. In :til)' proceeding \luder thi" Aet. an)' applicatioll, ctrtilicatt, \\'arr~l1t, t'rtSllnlr(ion
reply or other dOCtlllltlit purportin& to toe ~i).!lled lo)' :I.n ClnicC'f in lhe chil or at to ,jilt'
,,;l.t\lr~.
llIililar~' Kr\'ice of the GU\'nnmtnl shall, (Ill (lrt'dlll'lion, he prt"Sllmcd to hlwe
!.)eell dlllr ~ig:ncd h)' lhe person and in the ch:'lu...1 er b)' wllClm and in which it
purports to h:H'C tJu siglltd, IIntilth~ controlI')' i!\ tihown.
91. A.ny cnroiment p.1pCr pu.tp<lrlillJ,( 1(1 he sil:lltd t'lyall enroUin.:: oOkcr s!\;tll,
in proct'edin~s under this Ad, he e\'il.lellce or the pe:l"$On enrolled h:winif l:i\'Cn
the :mswert LO qll('),lic/fiJ;; which he is tllerein rel'll'e5l,'nttd ll.~ hafinlo! en-i'll, The
r"lIrolrnent of ~lIch persou nl1)" Ill: vroyed by the pt',Jduction of :I eo~' or hi!\
1,'1If(.!mentl"aper l'lllrporting 10 he eerlilicd to ht:l truc ,OP)' hy thc onil:er ha\'ina
the l:uJ;;looy of lh~' turolment JlO\per,
9U. II) ;\ kth'r. retnrn or o~l.er dcxumtnl resj'lCdinl: the ~rvice of :lU), I'rtJlunrtlon
pC'non in, Or the di..miss:l1 or di!l....h;lfj!e of all)' person from, an)' portion C.r Ihe ;l.i tu (ertalll
.1l.1nna FClr~'CS, or respecting the circunul:lIlcr or :lny Ilrrson not havin/: sen'td in, dorllln~nh,
or I'Ielon~rd 10, any pfll'lion of Ihe Blirlila Jo'orc~J;;, i( plirporlilll: In he siantd h)'
01' (Ill hehaH of the Pre"idcnt of Ihe Union or il)' :lny rr~scrit'led oftker, !lh:lll he
e\'irk'nce of the hd~ sl:ll('cl in ~\Ich It.Utr, return 01' other document,
12; An :\rmy Li!ll (lr G,lletie plll'llOl'lill~ 10 he pllhli!lhtd b)' authority shall
he CVillclll'C of the !l1:ltus :md r:lnk of the ollicen or \\':lrr:lllt oflicers the-rein
mcnlinll('d, :lml of any appointment htld h)' ~llch officers or w:lrr:lnl otlker!> :Iud
of the corP'l, hillalion or ann or hr:l11ch nf Ihe ser\'ice 10 which slleh oltkcf!I or
\\';lrt:lnl oftit'ers helon).!.
!SI Where:J record is made.in an}' reaimenlal book, in pursuance .. ,r this Act
(lr Clf anr nllu n\,1c1e thereunder or Qtherwise in pursuance c.f military' c1t1h', ;lnd
PIlrp..1rts 10 I", ~iJ,!ned by the comm;lIlding onicer or br the offIcer whOle dllt), it
is 10 m;.l.:e sllch rC'COrd, soch rt'Conl shall be C\'idence or the fact!> therch)' slaled,
(4' A COPY nf :tn)' record ill :mr re;:inlenl;ll book pUrportin,l(l be Ctrtilicd to
he:J tmC' c.)p)" Ill.' the oOic~r ha\'illi the CllsltXi, or such booL: $h,,11 be e.idcn(~
of such record.
(3) Where :til)' person Jollhject to thi, Act i~ being tried on "c:h:u'lZeof d~r.
lion or of ahsence without I~a\"l', :'lnd such person lias )urren<kred him..qlf illto
the CU~IOlI~' of, or ha~ been apprehended hr, a prol'OSt.m:lrshal, a"sislanl prov"""t.
OI:lrshal or Nller officer. or an)' pOrtion of the Rllcm:1 Fcr~ a cerli6C1le pllr
pnrtinJ,t to be ~iJ!ued hy sneh prn\'ost.manhal, :Js!list:mt provosl,m:lnh21 or other
ofticer, ne hy the enmmandinc officrr of tb:lt rorHon (If lhe Bllrma For('e~ and
!lhlinJ.t the (act, date :In~ place of such 'luTenrler or apprehension, shall be
e\'iclence of the Ul3tters so stated.
30
(6) When any peBon subject to this Act is being tried on a dJarge of deser-
tion or rf absence without lca'-e, and such re~on has surrendered himsC'lf inlO
the custody of, or h:ts been apprehended br, a policcofficer not ~Iow thc rank
of an officer in clmrl:(e of a police-station, a certificate purrorlipR: to be ~it:ned br
snch rolice-oAicer, i\nd Slating the fact. date ancl place of snch surrender or
:l.pprehtnsion, shall bt e,'idcllct of the matten so st:l.tt(l.
(i) Any docllment pur!'lorting to !'Ie a r('port IInder the hand nr anr Chelllie:tl
Examinrr nr ASJi~t;ml Chtmical Examiller to GO\'ernment upon :tll~' malt('!' (lr
thing dllir sllhmitle<lto him for u:ullinalion 01' :l1lalysis :md rerort m:lr "Ie IIseel
a~ evidence in any p,.oc~dil1J:( under this Act,
Hclerenee by 92, (J, If at :tny trial for desertion, abzence without leavt, ovetslarinJ:( lea\'c
ae,'used to or not rejoining when warued lor sen'ice, the perSOli tried states in his defence
(;lWernm~nl
"ni..er, au\' znilideut or reasollahlc l ..~ClIse ior his unautho!'izcd ahclll-c, ,lIll1.'efers in
snppur( thrn:of to any oOicer ill lhe civil or military scrvice of the: Gorernmenl,
or if it apPt'ars that anv such orti.:er is likel\' to pro\'e or dispro\'e the said ~tate
menl in the defence, 'the Coml shall addnss such ofticer and adjourn tmli\ltis
replr is received.
IZt The written rep1r of any orticer so l'derred to shall, if sir;!ned h~' him, be
I"e~'til"ed iu evideuce antI h:,\"e the same efleet:ls if madt all f';lth hefore lhe Cnllrt.
Ul If the Court is di~sol\'ed helnr!' th~ receipt of ~\ldtIT~I~ .. or if Ihe Court
onlilS to ("O1ll1"1.\' with the I'rovisi(ln~ of thi~ ~ectiont Iltt' con"eninA oflker ma~', at
his di~cretioll, annul Ille procetdin!ts and order a fresh Iri;ll by the sallle or
another Courtmartial.
F,\'idener of 93, (J) \\'hen an~' person sUbltCI to this Act ha~ heen cOlwided by a Court-
l,rrd,~ m:trlial of anr oftencr, snch COlll';-m:lrlialmar illCjuil'e into, and recei...e and rtCord
,"\n\""li')Il~
and lrnrral
e,'idem;:e of, an~' vre\'ir 11S comictiollS of snch person, either hy a COllrt-I\l:lttial Or
..hara,kr, hy a criminal C(lurt, aUll may {llrtlt.:r inquire into and recort! the ~cneral character
o( ~lIl,'h pt-rSOll, ;I\lcl slll::h olher matt~M: as may he rre~crihed,
(2) ":\'itlence rt.cei"tll under thi'\ ~rdion 1lI:\}' be either ol":ll, 01' in the sllM~
C'f rntries in, or l"el'tilie\\ e~tr3cts from, Courl-martial hooks (.r otlter oftkial
records; and it shall not he n('cesf:,'lr~' to r:lI'e notice hefore trial 10 the rtrSon
tried llut \'l"i'.lel1\'e a'\ to his pre\'j0us \,om;ctions or \'h'lracte,. willioe re,;chrd.
(3) At a summar~' COtlrtmal'tiallhe officer holding lhl." trial may, if he thinks
fit, f,("ol',1 ;\1\1' rre,;obs com'icliolls a~ain~t the offen(lrr, hi.. gencral dlaracter,
:md ~ud. other matltl"'\:1'\ nu\' t>e prescri!'led, as 01 his o\\n kno\rlec!~r, insttad
of re'juiriuj.! ihl'm to he PI'o\'cn untler Ihe foregoing prcwhions of tlii~ section,
(1) Ao)' fllldin~ or ~nlenct or:l. Conrtmarti II whidl rt'llllirt." coof.rm. jk,l.kotI 01
alion may he oncc re\-i~lll)- orckr of the conlinllill~offierr ; and Oll !iuch rcvi~ion. ~Imn. filidinJ;: ....
lht Conrt, if ~ directed by him, mar t:tke addiHonal e\'jdenet,
(1) -nle COllrt, on re\;sion, shall consi~t of the ~1me olliccr~ "" were pre~tftt
when the oriltinal decio:.ion \\':\5 plS!ltd, linItis :ln~' of those ofticcrs are nlla\'oidahl}'
:lh~lIl.
(3)In case of ~lIch nn:l\'oid:tblt abs,nc(' the canle Ihr.l"rof shall h.. ,lulr
cerlifled in lhe procetdinUs, and the_ Cnurt shall rroceed wilh the r... \-i~ion,
{pro,-hled lhat it con~isls (I{ not less Ihan till: minirumll numbtr of (lAke"
~scrihed h) lhi~ Act.] ,
-1'1. The 6l1dio& :Iond stntenct of a smntnary C)IIrtllurti:l1 ~h:111 not require F1IMIinC :lnd
t('l he conlirmed, hut nlil}' be crried Ollt (ol1l1\\;th: ....,t~of
lIUII._n'
Prorided that, if the officer holdill~ the trial h <>lIes. than 6'-e rears'lena. CO"ll1 -
he ~hall not, t'llctr' (In actin sen-~ I C1IT)' into tffect au}' sentence unlil it h3. maTlia!.
rectived the !Ippro\'al of Ihe [Geller:tl Oflieer CommandinJ!, Burma AJ'IIl}, 01" of :tn
offictr comnl:l'ulill~ not 16~ than a corpt-l '
lU. "It pro<:ttuin::;s of tvtTY lumnuf)' Court.martial shall \\ithollt dcI3~' Tranlnliaolootr
!;le forwarded 10 the-ofticer eommandin~ the di"iJiOll l't hrWde within which the ln~.",ocerd.
of
f.
trial wal held, or to tlte prescrihtd officer: :!.oll !llich (I~ker, or the (G<'neral "'l1Imln-
OOicer Comm:lnclln4, Burma Arnl\'l or the oOieer commanding the ann)', or arm}' CoIln,.
corps in which the trial was heM,1 ma\', for reasons !;la~ nn Ihe merits o( the marUat.
ca.se, !;lut not 011 My ffiuely tecllnical ttr('lIllc!!i, set aside Iht: rrocuc!ln.s or
rednce tht: !It'ntrnce to any other ~nh'nc~ which the Courl mlJt!lt han pa5~d,
I Sub51ilutfll by ActoX\'U, 1943_
32 Burma AnllJ',
S111>.l-li1111iton I .03, (I) Wbere a finding of guilty by a Courlmartiah which has been
of a '"a1id conlirmed, or which does not reQuire confirmation, is found frn' any reason to be
lilldilll.: or
sentenl'e illVotlid or cannot iJe supported by the e\'idellcc, the authoritr which would have
fOT anin\'alid had po\\'er under section 112 to conlMute the punishment awarded by the
fillllin~ OT sentence, if the finding had heen v"dlicl, mal' snhstitute a new fin<!in.:, if Ihe new
senltnCe, linding conld have been ralidly made br the (;onrlm:lrti:ll on the charge and if
it appears that lhe COllrt-martial must have heen aatis6ed of thr. faels eslablishinl!
the offence sprcified or inmh"d in lhe new jindin~, and may p1SS a sentence for
the s:lid offenC(',
(2) Where a sentence passed by a Courl-martial which has hr.en confirmed,
or which does not reqllil'e cOl\lirmation, not btinR a sentence p:'lssed ill pursll:l.nce
of a ne\\' lindillll substituted undcr sub-se~liol\ 0), is f0\l1ld for anr re:'lson to he
illvalid, the authority which \\'ou\(1 hil\'c had po\\'t'r llIl(kr section 112 to comniule
thc l'unislLmelit awarded by the sCl1lenCl' if it had OCClJ v;llill Itlay pass ;1 \'alit!
selll~IlC<'.
(J) The punishmenl awarded hy a senlence plssed under ~uh-secliol1 (I) or
sllh-stctioll C2,1 shall nol lx' hil!her in the scale of punishmenb th"n, or in e~ce~s
of the pl1llishm~nts ,m':lr<!cel hr, the senlCllCr. for which a lIew sentence is
Sl1h~litlited und,,!' th~ !';ellliflll,
~ (4) Any lilidinJ,! sllh~titnl~cI, 01' an~' sentenc~ p.1sst<l, imeler Ihis ~e(",tioll shall
fell' the purposes of thi~ Act and Ihe rult's made thl'l'tI11ldf"l' h,we toffeet a~ if it
w~rt' a lindin~ 0\' sentence, as the ~se mar be, of a Court-m:l1'tial.
CHAPTEU IX,
EXECl,;TION OF SI':t\l'Jo:Nca~,
105.
106. Whenever any person is sentenct(l limier Ihi~ Aet to trnnspartation or Ctlmm~nct
impri~OLlment, the lerm of mcnl IIf wn.
hi" sentence ~hall, whether it haft heen reviled or not, tcnl'~<>f
b~ re-:koned lo commence on the (hy on which the original procee,lin,l!s were Ir:m~l'(>Ita
signed hy the president or, in the case of a summar". COLlrl-m.utial, O}' the CO!uL Ii'''' or illlprl-
!ortmtnt.
1 107, (1) Whenever :lonr sentence of transportation is passed limier this Act EUCIIlioll of
or whencl"er a.ny senlence pa"sed undcr tltis Act is commuted to tranlportation, 'I( nl~lIc~ of
the l;omnuurlinlt ofiiCt:'r of the pel'SOn nnder sentence or such other orticer n~ mny t':lnII'OII:I-
lion lI1" !Ill-
be prescrihed shall fOL'w:tnl. a warr,lnt in the I're~crihe(l form lolhe officer in rri~onlll(nl,
chal'j.(e of the civil prison in which such Per~on is to he confined ancl shall
fOf\\;l.rd him to snch prison with the warrant.
(Zl Whenever anr sentellce of imprisonment ia J)asM'd under thi~ '\ct elf
whenevl"l' anr ~I'nten('e passed undlr lhis Art if! commuted to imprillOnmtnt, the
confirming officc", or in the case of a sentence whieh ({(In not ~ql1ire Confirma-
tion, the Con;t, Of i;, either case stich officer ;s may he prescribed mal' direct
either that the !entence shall! e carrie<l oul br confinement in acivil prison or hy
3
34
confinement in a miliLv)' prison, and the conlmanding officer of the persall
under sentell~ or such olher officer as may be prescribed shall forward a
warrant in the prescribed form to the officer in charge of Ihe prison in which the
person under sentence is to be confined and shall forward him to such pri:son
with the warranl :
Provided Ihat, ill the case of a sentence of imprisonment for a period not
exc,edinlol tbrtc luonths, in lieu of a direction that Iht senlence shall be carTied
out by conlinClllcnt in a civil or a military prisun, a direction may be made thai
the sentence shall be carried out by coolinement in milihry custody:
Provided furl her that, on active service a sentence of imprisonment may be
carrietl oul by confinement in snch place as the officer oommandinl! Il\e forces in
Ihe field mOl}' from time to lime apl'lOint.
Ext,;"tion of 108. Whenever, in the opinion of Ihe [Generll Officer CommandillJ::, Bnrma
smltlw;e of Arm)" or 01 an officcr commandinlt an army, army corps, rli\'ision or indepenclent
iml'rilOll.
mcnl h' bril-!:lde.J' :lny sentell~ or portion of;l sentence of imprisonment c.1nnot, for spttial
Ipttial rea~ons, con\"C~llienll)' be camed out in accordance wilh Ihe provisions of section
c:l5t<. 107, such officer may direct that such sentence or portion of sentence shall be
~rrierl out by conrlOement in an}' civil prison or olher fit place.
Communi.
imprisonment.
t .,. Whenever an order is c1uly 1n.1de lIoder this Ad seltinJt: ;\Side or ToU'}-.
aliun al ina: anr sentencc, order or warrant tinder which any person is confined in [a civil
certain or mililal1' prison,J' a ,,-arrant in aceordance with fuch order s!J;,lI be forw.uded
_no
ufdcn 10
chit I"i.-.n
by the pre~crihcd officer to the omcer in c1Jarllc of Ille prison in whidl such
pt'rson is confined,
Limil nl 110. In executing a sentence of solitary confinement such confinement
'olitar)' ~on. sh:lll in nOC:lSC cx..:eed fo'nrleen dars at ,1 time, with intervals between the periods
linclntnl.
of ~olilarr confincment of not len dllr:llion than sach periocl~, and, when the
imprisonment awarded excecds tl:r\'e months, the" solitary confinement shall not
exceed seven day:> in an)' one month of thc whole imprj~'lOment :l\\'arded, with
intervals between the ~riods of s~lit:lry con6nement of lIotless dUi.ltion Ihan
such periods.
lit. CI
I)l'calllOll 0( III \. When :l sentence of fine is impocd hy a Courlm:lrlial \tnder section
Iell.kl!,~ or '41, whether thc trial was held within the Union of Burma or nol, a copy of such
line. sentence, signed anrl certified by the presid~nt of th~ Court or the officer holdinR
tbe trial. :1$ the caselnay bt, mw be sent to any Magistrale in the Union of Burma,
:\nd snch Mal!:islrate shall thereupon cause the fine to be recovered in :lccordance
with Ihe provisions of the Code of Crimin:!! ProceduT"!: for the levy of fines as if
it wu a sentence of line imposedhy such Magistrate.
E,t.bl.~b.
s 1118. (l) The Presidenl of the Union may sel apa.rt any bnilditlS! or part
""'nl .1M of:t bllitdinJ:: or ;lny phct in the Union of Burma as a mililary pri~n for the
fC'JUblion 0( confin...ment of perSOll' 5CIlten~d to imprisonment under this Act <) II l l ' .
CHAl'TER X.
PAROO1'\!l Aim Rlltl!lSIO"'1
112, (IJ When 211y person subject 10 this Ad h:l~ tM:en convicted h)' :I l'nlQo1 Inti
,(',"injun..
COllrl-m:u1i:11 e,i allY oA'cnre. the Pre~irlellt of llle (lllion or. in lhe CIIS~ of a
~cuttIlCt: ""hidl he could h;l\'e (Olllirmcd or which did not rCI]uire contirmaliCJn, Ilhe
GClIeral Ollicer Comlliandinl-!, Bnrma Arm)'. or tht: ofllcer commal1din~ lhe nrmr.
armr corps. dil'j-inn or ilu!epelulenl hri~ade ill \\'hich !Inch J)Cl'5On:\1 lhe time.: of
hii cOIl\'ietion was sen'illRl ' (,r the 11rescrihed officer lllar.
(III' either \\'ithout condilioll11 or IIPOll :my conditiollt which the penOn
sentenced aco:epls, pardon the person or remit the wholc or an)' part
rf Ihe pnuislllnent Ilwardcd ;
(b) mitil-!ale the Pllliishmcnt aW;'Irdcd, or cOlllmute.: such pu"bhmcntlorall)'
le~!l pUllishment or punislinlrnts ment1CJlled in thi~ Act:
PJ'ovided tllat a ~elltence of Iranspol'!:Ilioli sll~11 not be cOlllmntecf for nun-
tence of imprisonment for:t term excecllin!t the term of transportation :ll\'arllecl
by Ihe Court.
III If any conrli:ion on which a l'l::rjOtl hi' b(:t:n ptrd,'necl ora JlIlllilhment
h;'t~ been r('milted is. in the opinion of the anthority which l-!f;tnkd the plrdoll or
remitted thl: Pilll;~lllncnt.llot fulfille I, llU-:!l illithoril)' may cancel the p.1rclon or
rcmii~iOll. illlclihereupoll the senl~nce of the Court sh:l1l he carried into effect AI
if soch p;tr,IOll bOld not heen I:ranted or sllch punishment had not l~ell remilled :
I'ro\'i'led th~t. in the case of a PeNOn sentenced to lransporlalion or impn!On.
menl, such person .Inllllndery:n onl)' the unexpred portion of Ilis 'enteonoe.
(JJ W,I.:.llIlltler Ihe provisions of section 49 a warrnnt officer or :l non
c)m.nis~i lned oAicer is deemed to be reduced to the r:anb, 'LX:h redaction shall,
for the plIrjnSCs of Ihis section, 'be trtated u a panishment alurded by sentence
of a Court-martial.
CHAPTEK XI.
RUI.~s.
Power to au. (JJ The President 01 the Uui"n may make rules I for the pnrJlOse of
Illake rldel. carrylllj( into effect the pro'Vlsions of this Act.
(Z) In particubr, and without prejudice to the generality of tile {orCIlOlnll
power, such rules may provide (or-
tal lhe rem0V3I, retirement or discharge lrom Ihe strvice of persons
subject to this Act i
(6) the amount omd incidence of {ilKS to be imposed under seelion 21 i
(U) thl!specinc;ation of the punishments which IDa)' be awarderi as f)tld
punishments under .ections 20 and 4S ;
t,l tbcassembly and procedure of Courls of itJtluirr, and lhe admini~tra
tion of o.1lbs or affirmations b)' such Courts;
(d) the conveninll: and constitutinlt of Ccurllnwtial;
(e) the adjournment, dissolution and sillin!:s of Courtsm.,rti:lI;
V) the procedure to be observed in trials II)' Courts.m:lrtinl;
(I) the confirm,\tion nnd revision of the lin(lil1~'i and 5enlenees of Courls-
marthl;
(Ii) the canyil1i! into effect sentences of Ceurtsmartial ;
(11 the lorl\\s of orden 10 be m:\(l~ under the prc.villiolls 01 this Act retallllg
to Courts-marli31,trallsportalioll or impri:.onmt:l1t;
~111he constitution of autllorities to {ktide for WIHlt Ptt10JISt 10 what
amount~ and in Wh.1t mJoner. pl'O'rision ~hould be m;\de for
dcpend.1nts under section SlA, and the dut: car'l'in~ oul 01 soch
<!ecilioions ; 111d
(j) ;l.IIy m:\tlet in thil Act directed lo he pre'l:ribcd.
(3) All rules made under this Ad ~hnll be puhlkhed in the Gutttr, anll, 00
IlK'h publication, sh.ullla,e eRcct as if enacted inlhis Aet.
CHAI'TER XII.
--
PROPIRTY 0 .. Dp.cusln PEHlIONS, DRS!RTl!:RS ANll LUNATICS,
Pr(lperl~ of 114, The lollowin~ rt,le~:'Ire en:'lclcl1 m..,ectinlt the dispo!l.11 of lhe rrOpertl'
of cvery person subjecl to this Act who c.lies or (lescl1s :-
ret_,and (l) The com"':\IIdin~ oniccr of the corps, I~etachlllent or deparlment 10
dncrten:.
which the deceased perlOn or (lc..;crter belon~t'd ,11.111 1C~'lIrc all tht' mOl'Cllble
propertlo btlon~ing to the deccaud or cc:>erter thal is in l';unp or ql1 dcn, :lnd
cause an ill\'clltof)' thereof 10 be mldt. and draw any f,n}' alLd allo\\':'InUS due W
IUCh person,
(2) In the case of a dece.ucd person Wll0 tw lert in:'l Government saYiI\!fS
b;lnk (illcludinlol. any post offitt 1,1\OinRS b.1nk, however ll.1m:d) a r.cposit nol
ucding olle thousand I'lIpeeI, th~ eomnulldinl: dicer mar, it he thinks fit,
require the lCeTt1ary rr Gther prorer officer of the hank to VI! the dCpCl~it to
him forlhwith, not\\'ithst\lldin~ anrthinle in ;ul}' dtlJo'rhncnt;l1 1'lI1"" nnd aller
the pa)'1I\enl thereof in :u..'COI"dancc wilh snc;h requisitiC'll. no perMln 'hall h:\\"c
an}' ri~hl in respect ('lIthe- (Ieposit except as hel1'inaftcr pro\'id~'<l_
I)) In lhe case of a dece:'l$Cd persog whO'lC I"ep:t~enl:,tive i~ on the spot
and hns gi"CII SL'urity rOt the p.1l'ment of the rtlolimenta! or olher debls in '<Imp
or q\'larler~ (i{ :'Io}') of the deceased, the eommantlil1l: o'licer shall delivCf over
an}' propert}' received under clauses (J) :Ind 12l tn thnt rcrll'cscn1athc.
, flll' luch fllln, tH PH,,,,,, GI(:d'~, t91., I'art I, p, 730.
S7
(.,I) In the case o[ :l deceased potr1On whose estate is not dealt with uuder
CIaMc (J), :\Iul in the case of any duerlcr, lhe comm;mdinJt ofliccr shall caUIe
the llIoveahle property 10 be sold by public auction, and shall P<W the rcKimeut:l.1
and other dchl$ ill C:lmp Ot" 1\lJ,1rler,,(if any). and, ill the C.1IC of :l. dece.l~d penson,
the CXPCll~' of his funcr31 cerellloDicli, from the procectlso( the Sllie and from
:IU}' ply :IlId allow:ulI..'CS c\r;IwlI untk-r clause (11 and from the aO\Ollol of the
deposit Cil any) recei"cd under daust (2).
(5) The surplus, if any. shall, in the I' 1st of a deceaSCll person. be paid to
his represclllali,'c (if :lny), or;n the event of no claim to such ~urplu. bdnJt
cslalllishcd within twelve months ilfh:r the <h:ath, thell the same ,h;11I be remilled
to till: prescribed person.
(6) In the case uf a (lcscrlcl', the surplus or any) shall be forthwith l'Cmitted
to the pres.;Tlbed person and shall. on the eXl,ir)' of three Yl:ars fromlhe date of
his desertioll, be forfeiled to thl: ::il..ll:!, l1nlcWl the deserter shall in the mcantime
hare surrent1crcd (If becn :lpprehcnded.
E.rNJll/dliQI/_-A per:,oll shall be dc~..ncd 10 be a dcserter within the me:lninlt Nail;..!: ot
of this fcclioll who h:ls wiLhout authority been ;lh:u,.'nt hoom dut}- for a !-'Criod of ck...crtioll.
sixty d:t}-~ and has not suhsequently surnn<Iercu or becl! apprehended_ -
,115. Properly deliverable and money pa)'able to the npretentative of a Dispnnlof
deceas..-d Jl\-rst)n ullder seelion J 14 may, if the total value or amounl thereof does CClblll I'~
not (Oxcc:c<1 0111: thousand rupees, aud j( tile pn'scribed person thinks fit, l>e J'I::~t
dcli'-cred or paid to ;an)' person appearinl! to him to be entiLled to receive it or (0 :Ction ~
admini)ter the L-sUte of tile c!cn:;ascd, without requirinlt the production of :IllY I'IfGbllt, ele.
prohatt. lettcrs of :ulministralion, certilic..te or other such conclusive evidence of
title; and such tltli,cry or paynlent $h;all he:l full discharlte to lhose ordering cr
m:lkinlt the s..me :lnd to the Prident rr the Union from aU further liability i'n
rcsjX'\:t of the propert}' or mone)-; hut nothinJ: in Ihis section shall affect the
riAhb of allY executor or administrator or olher rerresenlaliw>:, or of any
"-"reditor, of a dect:lS('d perSOn aAainsl ;lny Ptnon to whcm 5ucb deliver)' or
p;lrment has been made.
r
116_ The pl'Ovj~ions 01 [sections It" and 115 shall, ~o far ;\$ they c.1n be "('1'1.....1100
made allplic.,hle, apll!y in the case of a person subject to this Act bcccnlinlt ~~:~d~~:.s
ins.,ne. or, wh(l. being (In active ilCr\'ke, is cffJcially repoctc(1 missing; 10 ~n
Prc,vided thai, in the ease 01 a person so rcrorlt(lll1i~.inA, no action ~lIall be lI,nalle-,
tak~n limIer 5ub-scctkms (21 to (5), inclusive, [of section 114,J' until olle year h:lli
elaps~d (rom the date of such report.
CHAPTBn XIII_
MISCELLANt;Ot/S.
JJilila"I',iljk~(.
117. (1) Any persOIl snbject 10 this Act ollar th2n a commiS5ioned Comt'biAh
officer who deems himself wronl.lcd by any superior or olher officer, may, il not ~ilul:
attache:! to a tcoop or company, compl2in to the officer nndec whose comm2nd n.
or ordecs he is ser\'ing j and mar, if attached 10 a troop or comp.1n}-, compl:tin to
the ('Ricer comm:mdinj.! the same.
(1) When the officer com.rllincu ag:linsl is Ihe nRict'r to whom an)' complaint
shollld.llnder "lIh-seclion rll, he rrtferred,lhe llJl.!:trie,-cd pel'5Ofl may compbin
10 such officer', next snpcriO" officer.c-c-,--.,-;.,,-..-::-;;:c::c:-c= _
Sub>liLut~ b)' the U"jnn of Hurma (\dapblioll of Lawfl Order, 1941.
I Sut..lilulcd by Ad XXV, 19U.
, Dclded by thc Union OIl Hur'na (Acb[Ullonof LaWlI Ordcr.1941.
jij 1Jurma Arlll~.
(3) Every olneer :-ecel\"ln~ any such complaint :.hall uaminc iDlo it, ;md,
when necessary, refer it to superior anlhority :
Pl'o\'ided that a dl cision by an authority compdent to dispose of the mailer
complained of shalll1e nnal.
(4) Ever)' such complaint ~hal1 be preferred through such ch:mnels as may
be Irom tin11: to time specilied by proper authority.
(;on'I'1..inl. 1171\, Any ~ .. 'conJlllissionc.:l ollicer, who deems himself wronAe<1 b)' his
h. cOllllllalldin~ ol1icer n any superior ollicer' an<1 who Oil <ille :IJlplic:"tion made to
~;,mllli._
his cUnJllJ;lIldin,,; offi..:cr dotS 1l0t re~'eivc the redres~ to whicll he considers
fi,,"~d
oll;(~r~.
himself entitled, may complain to the President 01 the UI;ion.
118. (I) No flresident or mcmber o{ a Coud-marlial, no jud~e 611\'0''lle, no
I'rivilq:e.
of l'~r"'I1~ party to any pron:ec1ing before a Court-III,utial, or his lc):al praditioncr or ;l):enl,
all~ntli"ll :'Ind no witness adinj:l in obedience to a SlllllmOllS to lltlend .. Court-lIIartilll, ~hllll,
l.:ulllh- while proct:ellin\o1 to, aUcndin~ on or rdumillg {rom a Court,martial, be liable to
n'arlial, arrest under civil or re\'t:nUli: process.
(2) H any such perS'ln is arrested under allY such process, he may be
discharged by order of the CO,urt-martial.
E~e'l\rlilln
119, (1) No per~on subjed 10 this Act shall, so long as he belonAs to the
fro'" ;.....c,1 Burma Forces, be liahlt: to !"t: arrested for (1cbt limier any proceu issued hr, or
lor <lebt hr the allthorit~' of, any civil or revenue Court or revel1lle ol'licer,
(2) The jlldj:le of any ::.ncll Court may ex::\mine into .111)' complaint
malic by such f/Crsoll or his superior uflicer of the ;trrest of sueh person
contrarl' to the provisions of I~:i~ scdioll, anI! nMY, 1:>y w:l"l'allt 1I11(lcr his IWlld,
dischar,,;e the person and award reil~onablc costs to the co:nplaluant, \\"ho
may recover those _C')sis in like manner as he mil!ht ha\"e recovered cosbl
awarded to him by a decree al:aillst the person ohtailling the rroces~.
(3) I'"or the recovery of such costs no fee shall be payable to tlle Court by the
complainant.
122. (IJ 011 the presentation to allY Court by ('I' 011 lJ-ehalf nf all}' per::.On
PJiori".ol
headlll: by subject to this Act of a c<.:rtiticllr: from the proprr military aotllorily 01 leaw of
l.:uurls 01'- :Ibscllce haVing been Il:r_lIlted 10 01' applied for by llim lor the purpose of
e;\>I4." ttl Ilrosc"lItill~ or (lefen(!iIlj.( any ::.nit 01 othel' proceec1ill~ ill such Court, lhe Court
\\'hkh ahal!, 011 the :lpplicati'1n 01 such person, :Irranll:e. so lar as mOl)' bc possible, for tlie
ol1;(er. and
soldier. ar~ hearing and linal disposal of such suit or other proccctling lI'ithin till: pt:\"iod of lhe
wn("rn~~_ leave so granted or applied for,
(2) Thc certilicate f;"nm the proper military aUlhority ~hall state the lirst ,uHI
last day of the leave or illlcuded lewe, ;111<1 ~d forth :I des..:ril'tion ollhe C;l~r
with respect to which the If':l\e was granted or IIpplied {or.
(Z) If the persOll declared absent does llot :lfterwards surrender, or is not
apprelu:nded, he shall, for the purpos(s of this' Act, be deemed to be a deserter,
Dis/owl of l'/ojl<rly.
Order lor 126A, When an)' propert) n'gardin~ which :my offence appears to lJ:\Ve
(:ustllch' ;and been ccml\liU~d, or which appears to ha\'e been used for the commission of allY
"dispulial of
prO('ty ollenee, is prcduced htfore a Conrt-marli<ll dnriuf.! a trial, the Court rna)' make
rendml( such order as it thints fit for the proper cnstod)' cf such property rendina lhe
tryl in conclusion of the trial, and if the propert)' is subject 10 spc:('d)" or natur:tl ,:eca)'
eerl"'tn u..,s. may, after rcconlinlo! such evidence as it thinks neCt:SS3f)', order it to be sold or
otherwise disposed of.
Order for 1268. (II After the cOllclm.ion of a tri:ll before any Court-mutial, the Court
dill'o~l of or the oOicer confinning the fmding or senlence of ,udl Court-m~rti..t1 or any
rfor~y
,e~3rding
authorit), superior to 511<.:h oOictr, 01'1 in the case of a Court-martial whose findinR
which or selltence does not r~quire <.:onllrmatiOn [Ihe General Officer Commanding,
oUellet com- Burma Arm)', or the OmCer commandil'~ the army, army corps, division or
milled. brigacle within which the trial Iras held,] I l\1ay m..ke ~uch order as it or he
thinks fit for the di~I)()S.ll by ,1estruclioll, conliscation, delivery 10 an}' perscn
cl:l;11lin~ to be entitled to pMst:ssion thereof, or olllt:rwisc, of allY I'ropertyor
document produced hefore the Com! or in its custody, or rtgardil1~ 'which any
offclI<':1;: ap~ars to have lH:en committed or which has been used fol' the commis-
sion l'f an~'lIffellce.
12) Where any order has be~n made \lnller Sl.lh-~ction (J) in relpect o(
propc:rt)' regardiu~ which an offence appears to have I eell ccmmiltcd, a <.:(py of
5u<.:h order !oianed and certified by the authOJit)' making the ~:Ime rn:l)', wllelhtr
the trial was Iteld within the Ullion of Btlrtr'3 or not, be SIo'nl to a M':I!:istralc in
anr di$lri::t ill which such Ilroperty for th~ time ~inR is, ;I.lld such MaJ.:istr::te
shall thereupon cause Ule order to be C<irried iulo effect as if it WilS all order
pll by such Magislr:lle under tilt: Jlfovisions of the CCY.te of Criminal
P'rocedDre.
E%~/alltllloll.-ln this section the term 'I properl)''' includes, in tll~ C:lSC of
properl)' rt!::lrdin~ which an oITcm::c aprc:l11i to h:l\'c bccl! cc,mmilted, llot ollly
s\lch propert)' as has heen ori~inally in the pos~essiort or limIer the control of alll'
part)', bllt also any propel'ly into or (or which the same m:,y have been cOllverted
or exchanl:ed, and ,111)"lhing acquired by ~uch conversion or exchal1~e whether
immcdiate1r or otl\l.~rwlse,
Dtin.ilioN 2, III this Act, unless there is anylhinR repu~nant in the sulijeet or
contexl,-
("I .. committed " means committed to pri~on or 10 confinement in lllilitat)'
clI~tocl)'
;
(6)" competent milit;u")" :llIthe,rity" me:tns stlperior military authoril)', or
any I:(eneral or other officer nol hdow the rank o( field officer duly
authorised t-y a superior military ;lllthorily ;
, 6ubltltllkd by Act XVII, t943,
41
(c) .. imprisonment" includes confinement in military custod)';
(d) "I)J'incipal Act" meaus lhe Bl1rma Anny Act ;
(,..) II sentel1l:e" me.'ll1S a sentence of transportation or imprisonment,
whether origimlly passed 011 a perSOll subject to the principal Act,
or passed by w"r of I'cductioll or commutation i and" selltenced 'I
has the correspondinj.( meaning; and
(I) "stlperiol' military iluthoritr" means the Pre~iclcnt of the Union or
any officer empowered under the principal Ad to convenc gener:d
COllrts-martial 01' summ,lry gcneral Courtsmarthll,
J, (1) Where OJ perSall subject to thl': principal Act is sentenced, Ihe Su!pc'n,loll
eonlirminj.( officer when conlirminj.( tht.' sentence, or, in the l'asc of a sentence 01 ~enten~n.
which does IIOt re<]uire confirmation, the ofticcr holdillj.( the trial or the president
of thl': Court-martial when pilssin~ senlence may, notwithstanding anythillj.( in the
priucip;II.Act, direct that slIch persOIl he not committed until the ol'(le1'8 of a
superior military authority have been obkdned.
(2) A superior military itllthorHy may, in the case" any sueh offender so
sentellced,--
(Q) direct that. until his orders have been obtained, such offender shall not
be committed; and
(11) ~uspend the sentence whether or 1I0t the offeutler has already been
cOlllmitted.
131 When:, in accor(\'IllCe with allY order paned Ilmltl' sub-st'ction (2', a
selltence is suspelllled, the offelltlcr sl)[ll1, whether he has been committed or 1101,
forthwith be rel~a~ed,
of, Any perio:1 durint.: which a sentence is under suspension shall be reckoned Calculation
as I'l;lrt of tile term of such sentence. 01 period.
olumtenu
under 'II~'
penflOQ.
6, Where a sentence has been suspended under this Act, the c:lse may at any i'erlodie~t
time, awl slnl1 at illten'als of not mOl'e than four monti,s. be; recolnidcred by a review of
competent military authoritl'. aile] if, on any "nch recon~i{1cl'3tioll, it apptars to IUtJll:nded
such authority that tile conduct of the offender since his conviction has betn ~ncb lenlenCCI.
as to justify a "emission of the sell!ence, he shall, if he is not abo a superior
military authorily, refer the <:asc to a superior milH:u)' aothority.
7, \Vhere an offender, while a sentence 011 him is sUllpended under this Act, Procedule
is sentenced (or anl' other offence, then- on further
Hnlenec of
(,,) if the further sentence is also suspended under this Act, the two offender
senlt:nct's shall run con<:urrently : WhOfCHIlo
(bi if Ihe hlrther sentence ;s for:l prriod of three monlhs or mere and is tcnc;e il lUI-
"end.d. ,
not suspended umltr this Act, the offcncler shall also be Ctlmmitled
on the onexpired portion of the previous lenknce. but both lentence,
shall run concurrenlly ; and
42 B"''''n Army S"s1,llJioJl 0/ .sc"ltffus,
(cl if lhe further sentcnce is for a ~riod olthrec months or less and is not
suspended under this Act, thc offender shall be cOlllmitted on that
Itlltence 0111)" and th~ pr~\'ious senlellc~ ~h;.lI (subject to allY order
which may be Po'\ssed un<Ier section 5 or seetirn 6) CQntinue 10 be
suspenderJ,
Sldu;.: 01 8, The powers confc-rred uy lhis Ad shall bc in addition to, alld n(lt in
.lion I1Z, derot-:ation of, all}' powers as to th~ Illitit-:alioll, remission or commutatioll 01
jlunu;I Anu~
S('lltem:es conferred by llw prilw;p,ll Act, and ;t slll\l:rior mililary authorit)' shaU,
A" as re~;In"ls 1)('r50nS suhject 10 thai Act, he all :lUlhnrity havinR power to mitiJ.:ate,
remit or commute sentem:cs tinder ~dion 112 of thai Act.
Prm iiin., ;II 9, Whl'rc: in addition to an)' other ~c-nt~llce the punishment o( dismir.sal has
to dilllliful. been aW;lr\lcd 11r a Court,marti;ll, amI such ether Selilencc is sus~enc.td under this
Acl, llh:n, notwithslandillg anylhinl,! contained ill the prillcir~l A(t or in. all)' nIles
malle thl'I'~l1llcll'r, su~h diSl1li$Sal shall not trike cfkct unlil so (Irderetl by a
superior n\ilit:\r)' authority:
Provided tllll, if a sentence is remitted under this Act, lhe punishment of
dismissal sh.ln also be remitted:
I.
Dj,ilion 0( 2, The Burma RC$Cf'Ye Fot\:.ts sh..d l consist of the Re~ular Resen'e and the
Rt:>tn't Stlpplenlcntal)' HeKf\'t,
~'orcts inlO
R"J:ullf .and
SUI~k:
"~"I.arJ
j.lutr\"tl.
Ll'lcalit" 01 J, A person helollAinJ: tn the Rurma Hescn'C Forc\'s shall bc liable to sen'e
urI"i,"c"ol beyond the limits of (he Union of BU1'ma ;IS well as within those limits,
Iksal'n.
J'OI\tr to of, The Prlosidenl of the lillion may lluke rules ;'Ind ders for the J:OVl-rn
I\l;l,kt luln ment, diSl:ipline ;'Ind fe~uhtion of the BUTln.l Reser\'l' FI)Il'cs.
for rocul;&-
tio",llI:
l~tld"YC:
~'orCt1,
Li"hj'i'yol 5, Stlhje~t to stlch rules and oulers as-mar be made under ~dio1\ 4, a rcfSOn
I':u~lve I.....longing to Ihe Burma lksefve rol't:cs shall, as all nt1i~er or soldier, as tlie elSe
~'om:~ to may !.>c, be SUhjl'i:l to nlilit:uy 1:1\\' in the sallie manner and to lhe same extent
mm',H)'II'", as a person bdooging 10 the Burma forces.
.,
II enrolled" means ellr(llled or reenrolted in Ihe Burma T errilorial FOicc
under this Act i
Enrolmnlt. S. (l) [Any citizen of Burm.1) I may offer himself for enrolmenl in the Burma
Tel'ritorial io'orce, and allY slIch person who salislics the prescribed conditions
may be enrolled in the prescribed manner for such periorl, not txceedin~ six
leal'SI as may be presl,;ribed,
121 An :tl'plkant for enrolment may apply to be enrolled for service in any
p;lrtu'::lIlar braudl, torpe or unit I,;onstituted for the place within which he for the
time being resides.
Al'(lOint- 6. (I) Every pen>On enrolled ahall without unnecessary delay be appointed
OInt 10 in the rn:5Crihcd manner to a corps or unit constituted onder section 4 for the
~'0C"p* (M"
place in whkh he lor the lime being reside;.
unit,
(2) AllY person who has been enrolled for service in any rarlicular branch,
corps or unit shall be ;Ippointed to a corps or unit of that branch or to that corps
or unit, as the case: m.lY be.
TUDsier ;and " (l) Any person aPJ:ointed to a corps or unit under section 6 may be
att:-chmenl. transferred, whethn on dishanoment of the corp:. or unit or otherwise, to anollHr
corps or unit of the Burma Territcrial Jo'orce, in such manllt'r as may be prescribtd,
(1) Nothin~ contained ill ~ub-sedion (I) ~hall be deeme<l to a\llhorise Ihe
transfer without his oll'n consent of any person e!lrolled to a corp; or unit
constituted (or iI pbce other Ihan that in wldch he for the time btin~ resi<!es, or
of a per:ron enrolled for service in :l particular branch to a COfP' or unit of ;molher
br-.lno.;h, or of a penoll enrolled (or servicl: in a particlilar corps or unit 10 any
other COl'pS or unit.
U, Any person, enrolled may be attached at his own request to any corps or
anit of the Burma Territorial Force or to an)' reA:,ular forces.
1A. (I) Any enrolled person who leaves his place for the time being and
thereby lenes the place in which the l.."Orps or unit ill which he is servin" is
constituted shall, i( he does not intend to return to that placc, notify the
prescribed authorit), in that pl;lce of his chan~e of residence.
(2) If such person hwiug intended to retnrn does not retorn within three
months l he ~hallllotir)' the prescribed authority as aforesaid immediattly 00 th~
expiry of that period.
IS) The p,.cscri~d authorit}' on being notilied of a chall~e of residence
uudcr sub,section (l) 01" subsectionl2) m;IY, subject to the provisions of section 7,
tr:l.lIsrer such persoll (rom the corps or ullit in whkh he is servill~ to another
corps or unit.
8, very person enrolled shall be entitled to receive hi~ discharge from the
Burm;, Territorial Jo'orce on the upiration of the period for which he was
enrolled, ;llId any such pel"llOn mal', prior 10 the upil.ltion of tbat periodl be
discha,):ed (rOIll tlte ~lil1 Force l1y soch authorHr ;Ind subjl.'d to such conditions
as mal' be PfcscriLe'I, ami shall be so discmrgcd on :I recommendation of the
Advisor)' Committee in this beh.11f :
Pro\'ided Ihat no person enrolled who is for the time beinl: enJ::IJ:ed in
military sen'lce uuder the provisions of Ihis Act shall be cntitltd to rtcei'Ve his
diacball!f! before the termin<'ltion of such service,
Uabilily 10 9. IJ) Every person enrolled shall, subject to such cOl\(litiolls as may be
KnIt and prescrihed, he bound 10 sel\'C in an)' o.:o'ps or unit o( lhe Burma Tt-rritorial Force
ptlfornl to whio.:h he has be<!11 appoiutecl or transferred or is for the lime heinp: atl<lched,
mitiwy and shall he ~l1hjeet to all'rules and r':-l!:lIlations that may be made under this Act
kf\iu,
rehtinlt to 111\:11 corp! or unil.
,I SubsliCukd by the Ul,lion of Burma l:\<bpblion of LIII"} Order. 19U,
DdtCtd .'id,
nurma TerriloritJl Force, 45
(2) Evel'Y per!lOn em'olled who has attained the a~e of ei~hleen ),ears shall
be lilble to perform milital'y st'rvice-
(11') when cl1led out with any portion of the Burmn Territorinl For"c by an
order of the senior military (ffieet present either hl act in ~l1pport of
the civil powel' or to provide guards which, in lhe opinion of such
officer, are e~sential ; (lr
(b) when any portion of the Burnn Territorial Force \0 which he belongs
hl'S beeH embodied to support or sllpplement(lhe Burma Forcesrin the
event of an el1lerRency by a notificatioll directillf:! such embodiment
issued h}' thc Pi'csident of the Union alld published in the G.uelte ; or
(c) when :'Itt:IChed :'It his own request to any rc~n\;\r forces :
PrC'vidllhat nothin~ in this snhsection shall appll' to persons enrolled in:l
University Corps.
10, (l) No person embodied under seclion 9 :.hall be required 10 perform TtTrilorlM
Ilmll. ol
military service beyond the limits of the Union of Emma save under a ~rneral or
special ordCl' of the President of the Union,
liability
:Iud
'u
c1uution
(2) Any porlion of the Burma Terrilori,tl Force which, havin~ been called oj lnilit~ry
out or emhodicd uncleI' ~ection 9, is perlorminf:! mililan' s~rvic:e shall he replaced rervlce,
by re~ul:lr troops or otherwisc as !lOon as circumsl,1nceS p.:rmit, and shall nnl be
reqllired to perlorm such service after such replacement has ~el1 cffcclc<l to the
s:ltisfadion of the senior military f10kltr in char~c or after the cancell"tioll of the
order or notification under clause (fJ) 0,' fb), as the ca~e may he, of section 9.
II. I (J) ..
(2) Every (..:ommissioned officerr of the Burma Territorial Forc<" when c1oin~
(luty as 511Ch offic~r, shall he suhject 10 Ihe Burma Arm}' Ad, and the rules
and l'~gulations ma<le therenmler. \\'h~rttiIlOn tht: said Act, rules ami rc~ulalion~
shall apply (0 him as if he hdd the same rallk in [t11(!' Burma l"orec~]' as he hold!!
for the time being ill the said Force, subject LO the terlllS of his cOlllm;~ion
and the orders of the President of the Union.
fJ) Every non-commissionec1 offieel' and man of the Burma Territorial
Force,-
(a) when called Ollt or embodied for military sel"\'ice unfler section 9,
(b) when attached to, or otherwise actin~ as pad of, or with, any regular
force. or
(d whtn embodied for, 01' otllerwise underf:!obli.t, mililalT tr:lininj.( in
the pl'esCt'ihed 11l:\nner,
shall he suhject to the Bunm Army Act, and the rules and rei.tulations made Ihere-
under, whereupon the said Ad. rules and rellulatiolls shall :lpply to him as if he
held th~ same rank in (the Burm:t Forets]' as he holds for th~ time being
in the said For"e, subject. to the or<krs ('f the President 01 the Union:
Pr(,vided that the said Act, rules ~,nd regulatiolls shall, ill their ~lrplicalion to
such non-commi:>sioned officers and mtn when emborliecl for or oilierwi~c IIndtr
goinR m;Iit:lrr trainin~, he modifie<I to such t:xttnt an(\ in such manner as m1)' he
pre~crihed :
Provided further that non.eommissioned officen and men of an urhan curpl'
or unit, when under~oillg miliiarr tr:tining without b:tVin~ betn embodied for that
purpose, nml non.commissioned ol'llcers and men of a Universil)' Corp!! whrn
underRoillg trainink, shall, in respect of Buch tmininR, be suhject onl}' 10 such
disciplinary and other, mles c::..:::.:=-'-'-'-
nli may be prtscribed. _
l'!<ubsliluttd b> 1l1e UniQll of Iiurpa (o\daf'lalk4t of U'fN) Order, 19111.
I Detettd ibid.
Bm'lIl(l Territorial F"rce.
(41 Where:m offence punishable under the burma Army Act, or,:I$ the cate
Ill:tr he, uuder that Al:t as moditied under $ub-se~tioll (3), h:l~ beeu committe<! hr
any ~rson whihl ~uhjc.:i 10 that Acl undcr the provisions of this section, sllch
p..'l"'SOn lI1a\' b~ I:lkell into aucl kept ill m,li\ar~' l'ustod~' ;llllilried and rnmshed for
such offence, altholl;.:h Ill' Il:I~ ~t':lst'd to he ro suhject as :lforeuid, in like m:1"II('r
:\" he lI\i\lht haw l'ol'eu t;lken inlCl :\ud k<"pt ill milit.lrr ellslooy. Irie(1 or 11I,ui)hed,
ii he had ,:.,nlilluetllo he M suhjcd:
Pro\'itled that 110 such ~BOU sh:\11 he kepi in milit:'ry custody aller ht has
ceasetl In helollt:: It) the Rurnla Territorial FOll't, llnlellS he hall beel; bken into or
kel,l in mililar'r custod~' 011 :account of the oill-nce hefore the (blc 011 which he
l"eased :'10 10 helong; nor shalt ht' he k ... pt ill milil:lry cUSlody or be tried or
pnnislll"d for Ihe offence after thl' expiry ()f two months (rOlll Ihat date, \Inless his
In:ll h:ls already ~01ll11lelH:ecl he(ore ~l1ch eltl"ir}'.
SLlmlll~ry IIA. In addition 10, or in snb.,tiIulion ror. an}' 'PUnisllll1ent or ptmishmenls
If;:l\ :lilt!
p"llilh",~n"_
to which he m:l~' he Ibhlt, under the Rnrml Army Act, [:UI~' C(lfflllli~ioncd oni...~rJ'
noncomllli~sinn\'d OIlieer or n10lll of Ihe AIl"m:l Terntorial run:e. not l1('in$!
a mem!'1tr of a Uni\"crsil}' CoI'M, lllar he punislled. either br:l l'riminal Cnnrll\r
5IJlllm:lril)' h)' order of the p(,(,Sl..'Tihed :llIlhont)', (nr ~IIY offence limIer III:lt Act,
\\"ilh fine which Ill"!\" exlt'llello fift" rupres, to hr reeon,ttll in sudl m:ll1lll'r :Inn
hy snrh :lIthorit~'.1S mar he preserihell:
Prod Il'd Ih:l.t nn tiue shall he summ:lrily inllicled h~' order nf thc I\re:'lcrihcd
OIlIthorit)' in any else in which the acclised cbims 10 be Irit'l1 h}' :l Cl'imillal
Court: -
Provide(! further th:lt no Conrl inferior 10 lhal of a Ma]::istrale of the lirst
I'lass shall try any offl'nce Ill:lde plmishahle \o~' or IIncler this Ad,
1'1<':"""1>1'" II B. Whtn' [:lny coml\\i~ion('cl oni~ ...r J' nnn-mmiss.iClned offict'r or nUR of
:u I" ~ .. rUi" till' Rurnl:l Tlml(,rill Force is require,l, b\' or in I"nrSU:lnce 01 :In)' rull',
duoo"..... I~,
('('~lllation or onlt'r Ill:lcle liud... r this Ad, 10 :ll!t'nll :II ,1m' rl:lce, a certifil-:ale
purporlin!: to he si/ol:n\'o hy the prt"Scrihtd offin!r, :'IlatiuJ!: 111:\1 Ihe persnll 50
requ;red to :lllend failNI 10 do :'10 in accorcl:lIIce wi,h ~1II:h n"luircmclIl, "hall,
withoul !"foof of the si~ualure or :lpp<.inhnenl or slIrh officer, I~ c\'idenee of the
matl<.'n st;lled Ih~rein,
A,h';fOry 12, (J) The Presith'ut of Ih!" Union sh:,ll constitllte a Centnl ,\lldsor)'
Co'lIl11iUcu.
Committ... e to ad\'isc lJim ou matters conneded wilh Illl' Terl'ilod;11 ,",Ol'l'C ami a
Unit Ad\'lsorr Comnlillee for each unit.
(2) ..
(3) The constitntiCln, pow~rs and proctclnrc of th~ Advisol')' Comnlilte~ shall
be such as Ill:l)" be pre:scrihec1.
POlllfr 10 13. (l) The President of the Union lila}', a!ttr pre\'iolls publication. m:l.e
n~~r,olc",
nllrs'to (':lrl1' out the purposes of Ihis Act.
111 In particular, "lid withoot rr~jullice to Ihe ReneralitJ' o( Ihe for~gf'iDg
powers,sll('.h rules m:lr-
(/II P(~scri~ the 1ll:llUler in which, the period for which and the concliliol\s
s\lbj~ctIO which, persons m:lY he enrolled under seclion S :
(6) I'rescri~e the manner in which persons enrolled may he appointed 10
COI'PS and unils IInder s~dion 6 or transferred uuder section 7 or
section 'lA i
fr) pre$Cribe the aulhClrities hy which and the conditions subject 10 which
pen"ns enrolled may he discharJ!:ed nnder section 8 i
, SllbsfiMtd by the n.ion 01 Bllr,n:l (Ad.tpbtiOll cl L."l".,.j Ordtr, 1948.
I For such rukl, ~ B"n1t1l c..zrllf. 1941, hrl I, p_ <}$2,
B.,.nut Tn-,itol1fll Feru,
16, No person shall he Iiahlc to pa\" any municip.,1 or other tax in respect Eltmpllon
of auy horse, hicl'c1p, moIOlhicycle, motor car, or other meanl of CO'~vc)"anee from lotal
which he is :lllihorised by regulations lIl:lde uncleI' section 14 to maintain in his laulion.
caJlacit~, :ts a member o( the Rurma Territorial Force.
CONTENTS,
Sed;oftJ,
J. Applic:ltiolJ of Act.
2, Definitions.
3. Constitution o( an auxiliary force.
4. Classes who rna}' be enrolled. .
5, Enrolment.
I SllbsUlllltd tt)' the UJlion cl811nfta {AlbpUl'on ol1,1'I"1 Order. l~'.
48
Slt;liOlIJ,
SCHEDULE I.-TRAIKIKO.
....
rrlkauon
' I t. Notwithst.'\ndinj,! :U\),thin~ to !he contr.\r)' conL'\ined in the conditions
o( sen-ice under which ~nons ha\'e ~en enrolled under this Act it .hall :lP~\Y
:lnd .h:l.ll be deemed ..lw:l.)"S to ha\"t applied to such personl wherever they
m.1Y be,
2. 111 this Act,lInleiS there il ;mythinl ret'u~n:l.nt in the 'Uhjl'd or eonteltt,-
.. A(lvisory Commitlee" me:l.ns:l.o AddIOr)' Comlllilh e conslitutl'tlllnder
section ~8 (or thc prescrihed miliUJ"y :lre;'l, or put of a prt!cribetl
milit:lfT aru. witbin which II. p('nt'ln sohjett to this Act lor the lime
beinll: resides or is servinJ:!, u the cue may be :
II competent military authority" me"lns the ;'luthority prescribrd 31
competent to perform or e:<ercise ll.1l or liD)' of the duti~ imposed at
powers coofemd on the competent mililaf')' autbority I".y this Act;
I I enrolled person .. means a person enrolled in the prescribed manner undet
lhi, Act j
I hlSft'tcd b7 Act XX, 194'.
49
" enrollinJl: officer" means 1\n oAicer authorised to mrol persou. under
. this Act;
" pre~crihed ,. means prescribed by rnles made under t!lis Act. and
" prescribe" has a correspondill~ mt'allillij ;
" regulation" means a reJ.!ulatiOI1 mlde LIndeI' sl~tion .31 ; and
" Imin;ng rear" me:lIlS a ~riod of lweh'e months hej!iUlling onlhe first
day of April and endin~ on the thirty.first day or March.
3. Tl1ere shall be raised and maintained in the manner hereiu,l(ter VT'Clvided Col\~ilulion
an auxiliary force + .. .. I to be <lesignatecllhe Burma Auxiliary Force. olan
:u,.lItary
force
.... Every person who is a citizen of Burma shall,subje<:t to the provision. of Cln.e.who
tbis Act, be eliltiblc fo\' enrolml'nl thereunder. lnaJbe
enrolled.
I. (J) Any male eliRihle for enrolment under tllis Acl who has att-lined the Enrolinent.
ll~e of sixteen years and i~ not a member of the Burma rei!ular naval, military
or air forces may apply to be enrolled in lhc Bm1tl:l Auxiliary Forcc, anti, if he
salistirs Iho.: pro.:scr;b~d cOllditioll~, m:ty he en1'OlIe{1 therein in the prescribed
lIIanller anti shall thereupon hecOlilC sllbjeclto the provisions r,f this Act.
iZI Subieclto the preserih.:d I.lollditiol\s an applicant fM enrolment mar apply
to he enrolled for service ill :Illr J):lrtieular IIl":mch, or in any particular corps or
UI\;I.
6. Eve\")' enrolled pct'50n sh:'lll he li:tble to nmterf::o military tr.linin" <II Liabllityto
provided by or under this Act until cliseharRe<l from the Burma Anxiliary lo'orce",unl'l~er,l!o
as Ilerellla It er proVl(
0 Olde . mltary
luininl.
,. E,try enrolled person Ihble to under,l!O military trainilli! under section 6 L1.bililylo
shall, on and from the first <la}' of Aprilnexl followin~ the <late on which he attains perform
oniJI~ry
tht; aJ,:e of eighteen year~ or. iI he has ah'Cldy attained the aJ,:e 01 dghlcclI real'S, 'enlce.
on and from any lalr.r dale on which he is enrolled, he liable to ('Crform military
lIen'icc undt'1" ibis Act
8. (1) E,'ery enrolled perSOll lthall, withotlt nnlleccssar}' delay, he appointed AI'I'IOInlonrnl
hr, or nn,ter the orden or, the cr)lIIllelenl military authority 10 a corps or unit of Wcorp' 0('
the B.. :oma Auxiliary Foret, and 011 receipt (If an order so .lppointin,; him shall unit.
report himself for the purpose of joinillJ,: such corps or IIn;t at sneh time aud place
as rna)" be specified in the order.
(Zl Any po.:rson who has loeen enrolled for service in any p.lrtieular brnnch,
corps or lInit shall be .1ppointerl to a corps or lInit of Ihal hranch or 10 that c.rps
or unit, as the '::ue may he.
9. Evel')" emolleel person liable to perform military service nn<ler thi, Act Preliuw..ry
who on becoming sn liable is includtd in the Aetil'e CI:'Iss shall, within the train- trainln".
inJ,: rear in which he becomes so liable, ullder,l{o preliminar}' trainin)! of such
amount :\$ mar be ordered by the compelent mililary authorit) !lubic<:t to
the limits sr-ecified in &:hednle I :
Provided that, if such pl'e1iminur tt:\inin,l! e:Jnnol be completed within that
traininJ,: )'ear, it may be completed al Ihe discretiO:l of the officer commandill,l{ the
corp!! or unit to which su("h enrolled persoll helon~s in the trainin,:: )'e:u next
followin,l! :
PrOl'ided furthtr that any person m:\~' be exempted.either wholh' or in part
b}' the officer eommandinl!! hi5 corps or unit from the necelsity of undergoing
4
so Burma l'Cu~iliar.)' Fi}U;e.
prelimimq- training required by this section, and shall, on the publication in the
ortltrs of tllC corps or unit of such exemption, be <leemed to the extent of such
exemption to have completecl such preliminary training.
10.
Cla,.ilic.1lion II, Every enrolled verson Iiable'to perfonn military service under this Act_
and periodl-
~llnll1ing, (i) shall be induc1ed by the officer commandinll the corps or unit to which
he is appointed in one or other of the follo\\'in~ classel, namely-
(a) the Active Clm ; or
(b) the Reserve Cla~s ;
(ii) ~h;'\l1 ul1<!cr the orders of the competent military :tuthority nndergo
the pcriodical training spccified in Sche<lule I for the class in which
he is for the time hcinll included; and
(iii) shall, if the President of the Union so directs. undergo such increased
amount of tmining as olay be specilied by the Prcsident of tile Union
for this purpose for the class in which he is for the time beinlt
included.
CIIS~llica 12, (I) Every commilSioll~d officer of the Burma Auxiliary Force ,h"l! be
tion.
included in the Active Class until he relinquishes his commission.
(2) Enrolled persons liable to perform military service under this Act, not
beinJ.! commhsioned ot'ticers of the Bu-rma Auxiliary Force, shall be classified
as fol1oll"s. namC'lr :-
((11 every such p/:uon who is requked by SectiO'1 9 to underllo preliminary
training or who being so required h,S complded or is deemed to have
completed the s.1me shall be included in the Acth'e Class until he is
transferred to the Reserve Class by order of the officer commanding
the corps 01' unit ;
(b) every su;::h pe~n who is transferred from the Active Class ullder the
rro\'isiolls of cbnse (n) or who on enrolment iJ; assij:(ned lo the
Ue!lHVe CJa~s by order of the officer commanding the corps or unit
shall he included in the Reserve Class,
13) Any enrolled person who ce.1~e~ to be n commissioned officer of the
Burma Auxiliary rorce Sh.lll thel'eupon he included in, the class in which
he \\"oultl ha\'e been include(l uncleI' this seetion jf the provisions of ~\lb~tion (J)
had not applied 10 him, and shall lIll(lerl:!O ~eriodic,ll fraininj:! accordin/<:l)'.
(4) .-\ny I'erson whn is uneler this section included in the Reserve Class may
apply 10 the cNnpetenl militnrr authority to he included ill the Acth'e Class, and
shall, if the competent military authority grants the application. Ihereupon be
deemed to be inclnded in th,'t class,
\'arhtlonl la. (1) The competent military authr,rlty may, hy order in wdlinJ!,-
til tT.1il\ing,
(4) on the recommendation of the Advil;OQ' Committee, direct that lIny
rnrolled pero;on included ill the Aclive Class shall, fOl' the purposes
of rcriodic.11 Ir.tininl:', be included ('1" any stated period in the
Resen'e Cl:\u, or
(h) on his own motion or nn the recommenO:llion of the Ad\'isory
Committee, reduce the specified amount of baininJ.! tither in individual
casel or in ,the c.'lIIe of nny unit or part thereof for nny stated period.
(21 The comp~tent military authority shallilrant in respect of each individual
or unit or 1'1<11"1 thcreof whose tnininJl is reduced under c1auBe (b) of suh-section (J)
a certificate seltinj:t forth the amount of traininj:! to be undergone durin,t!; the said
period,
Burtt/a duiliar)' For"_ 51
... Every enrolled person shall. if and when required b)' the officer
commanding the corps or unit to which he belom:s, pterent himsdf for such
medical examination as mar be necessarr Lo determine the edent, if all)', to
\\"hich he is fit 10 underl40 military tl,linin~ or to pt:rfl"rm ll1ilitar~" service. before
a medical oAke!" apiloinlef\ or apprt\'td ill that behalf by the ro:l1pt.1enl military
authority. am! for the purpoSt!lI of sl11;h me\!ic;li examination shall cl'mpl)' with
th~ directions of snch n,edkal officer.
15. W Every person appoiuLed to a corps or unit ull(ler seclion 8 shall TraAslen,
remain in that corp$ or unit until tmnsferred to another corps or nnit hy. or
undcr th~ orJers of, tlte competent military authority, oot no pcrson shall he
transferred from the Infantr)' hranch to anothrr hl'anch or from one unit to another
unit loeat~d ill the same prescl'ibed military area except at his own requllst.
(2) Allr person !>O transferred from Lhe Infantry branch to another branch
mar be reqni~d to umkr~o such further preliminary trailling:, nnl exceeding ei~ht
11;1)"~. as lIlar hc ordered hy the cOlllp('lcnt milit:lrr :anthoril)", :anI! thcreaht'f' llhall
Ull(lcr~o the periodicallrainin;.: to which hc is liahle in the hrallch 10 \\hich he is
trani\fcn"ed:
Provided that any periodical tlainin~ already ttnderj!one Ill' such JK'rson in
the trainin~ year in which hc is transferred sh,llI be decmeU to have ~Cl\ nnder-
gone ill such other branch.
E,fNallaUol'l.-Exccpt during pcriodiC."lI trnininR in ('.:Imp, for the purposcs of
this section an<1 of Schc<lllle I, a (by shallllc deemed to consist or fonr hOlln of
actual military drill or instructioll, :lnll may be made lip of fractious of a day not
more Ih:\O fOllr in number.
10. (1) Any cnrolled person who kavts his lliace of residence in the Union Chanle vf
01 Burma for lhe Hnle bcill~ and therehy 1I,',1\'es thc area commandcd by one rtt!dcnce.
COIllJ)ttent military anthnril)' for thM commall(le<l by anottler shall, if he docs
not intel1d to return to the arca which he IC:l\'ell, nomy the competent miliblry
authority commanding th.'lt area of hi~ chln~e of residence.
(2) If such person havinJ,! intended 10 return <locs not return within three
months. he shall notify the cnmptlenlmilitary authority as ....fOl'ellaic1 irnl'(ledialely
on the expiry of lhat period.
(31 The competentmilitarv authority on beingnoti6ed of a chanJ.!c of residence
nnder sub-section (1) Or sub-section (Z) rna)'. subject to the provi&ioll!l of
section IS, tmnder such person from the COfj'lS <ir unit in which he is servinR to
another corps or unit.
(1. (1) Am' cnr<"1led person who lus altaint'd the aRe o( forlY-Me )'COITS or Dllthule.
has completed "fonr )"c:ars' ~ryjc(' fro~ the elale of bis enrolment shall, on
application 1l\1de by him in the pre~crihect manner, be entitled to receive his
discharR;e from the Burma Auxili1ry Force.
(Z) An enrolled person who is not entitled to his dischar~e onder
.suh-section (I) shall be discha1l!ed hy the competent mllitar, authority on
a recommend:ttion of the Advisory Committee in this behalf.
(3) An)' enrolled person m,u' he di$Char~ed b)' such authority, and subject to
such conditiolls, as m,'y he prescribed.
(4) Notwithstandin~ an)"thinJ! contained in .uhseclions (1), (2) Olnd (J) no
enrollerl person shall in lime of w:ar or in any e!"trlt::nc.)' which m;ay be noti6ed
by the Pre$ident of the Union be entitled to recel\'e hiS dlscharJ:e.
52 Burma All,nliary Fora.
Callin, wi 18. No person liable to perionil military s~rvice under this Act ~hall be
and ClI'bo"ili rt.'tluirc(llo perform such lier"i'e except-
menl, (a) when l;;l.1l~d Ollt with any portion of the Bunn:. Auxiliary For.:e by an
c.rder oi Ih~ senior milittry officer pre~cllt either to ad in support of
the civil Ilowcr or 10 pro\'ide gllal'ds which, in the opinion of such
oll",.:er, arc e~selllhi ; or
tb) when ;lily portion 01 the Bnrma Anxiliary Force to which he belon~s
h:.s bt:ell e,llb,died to support or supplement (thc Bunna regul:lJ'
fon:es}I in the evcnt of an emer~ency by a Ilo!inc.'lioll directinJ:: such
embodiment iSjl1ed by the President of lhe Union and pnhlisl:cd in
the Gay-cUe; or
(,) \~'hen nttat:hed at his o\\'n request \0 any re~lllar forces,
, 1921, ,
AJ'lplk:ltion 21. (1) E\'eI'Y commissioned officer of the Burma Al1ltiliary Forcc, when
Qf the Army doilll:: Illlly as :\ commissioncd officer, and every (warrant oOicerJ J nOll-commis
"'t. sioued nfficer nrul mtlll of the nid force-
~I) when attached to or otherwise actinJ:l as part of or with :Iny rellular
forces, and
(b) when called out by an order. or embodied by 3. llotifJCat\on, under
section 18 1
sh3.l1 b~ subjcl,;t to the provisions of (the Burma Army Al,;t} l tlml any orders or
rCJ,:ul:ttioIlS ma(Ie Ihereunder, and Ihe sai(I Act, orders ;lud rt'j;!ulatiolh shall "ppl~'
to C\'cr~' such pcrsnn in the circumst:'\nc~ aforcs:tid :as if HIe ~:une wtre t'l1acle'l
in Ihis Act. and as if sueh PCl'1\Oll Iwld the ,,:une r:tnk ill (the llnrlllll. Al'1Il~]' as
hc holds for the time heil;J: in th~ said fOtce, subject in ll:e casr of an onicer, 10
the 1('l'llIs of his commission and'IIIC ort!ers o{(~lte I'rcsidtlll of {he Ullion}I, and,
in tile Cil~e of a [\\':1:'1',11I1 oRicerJ' nOll,commissioned ofticl'r 01' man, 10 Ih,,; ordus
or the l'r~'sident of UIC Union.
IZl \\'her'\.' an OrlellC(' punishable Utl(I~T {the nUl'ma Aml}' Act] I has been
<;olllalilk:.1 h}' allY pl.'r~oll whilst Sl1hj~"C1 10 Ihal Act ulilicr tht, prodsions of
sllh-st.'c:ion (I), such pel'SOl\ mar he bkcll iuto and !;'ept ill milihrr t'uslo<lr ;lll(!
trie(l "ud punished for such orfellce, althollJ:lh ht' has ceasel! to he so suhjec\ as
aores;\i(l, in like manlier as he miJ,!ht hwe hcell taken ill In tIlld keJ:t ill nli:itarr
custod)', tried or pnnislu:d if he had c(\utlnucd to be so subject:
Pro\'i.led that no such pcfl'on shall he kept in Illiliiat\' cllsloo\, after he bas
C\.':\aed to belong to the Bnrm" Auxiliary Foret. uuless hr. h;\~ heell'lakell illio or
keRt in nlilitary clls:oOr on :l\"count of the offel!('e hefore the <ble 011 which he
('ea.<;cd so to helon:.!, IhlT Sh;lll he he kept ill military .::uSlo(ly or he tried or
pnnhhed for Ihe off~nce after lhe eXlliry of 111'0 mon(h~ from th:ll (lalt, unless
his triOlI h!,d alrea Ir comnwnced befort such exrirr.
22. If allY persOll liable to perform milibry sen'icc limIer this Act fails 10
RClI$.,1 to compl)' with an order or notifiC,ltion tllHlcr ~.::ti(ln 18 callinc him ont or emOOny-
l'l[ll'car for
,uilit,lry ill~ him for milit1ry ser\'ief', any Di<;lrkt M<t:.!istr.lIC maY,OI1 tile tll'plic;ltion of
s.:rdc:e. the .::ompettnt militnry aUlhMitr (( nf an nniret empow,,;red hy i'>ut'h authnril)'
ilJ. writilll! in lh:lt behaH, cau~e such person 10 be atTe~h'd nnd l)f(tl1j,!ht he(ore
him, ani. if the Magistrate is 53.tisfied thai sLlch petitOn has he~n duly rrql1ittd to
3D. (1) The President of lhe Union may mak~ rules 1 to carry out the Power 10
purposes of this Act. make
(2) In p<lrlkul<lr, and without prejudice to the generality of tile loregoill~
powers, such rules mar-
(l,) l)t'(Jvide for the appointment of enrolling oOi.cers;
(11111 prescribe the allthorit~, whidl sll<ll1 be the competent military authority
for any purpOse under thb Act j
(bl prescribe militarr areas for the purpo~es of tllis Act i
(c) prescribe the mallner in \\'IJich and the conditiOlls sub jed to which
persons may offcr themselves for enrolment under this Act altd the
conditiOlls governing- applications to be enrolled in a particular
hl';'lnch, corps or UJlit ;
(d) dcJine lhe manner in which and the conditions under which persons or
anv class of persons liable to military sclTice uncleI' this Act Illay be
e:O<\~lned from heing Collled out or cmhl1dicd ;
(c) prescribe the military training to be undergone by persons liat.1e to
'nihl:lr)' lrainin~ undtr sectiOn 6 bul not 10 military service under
sel:lioll 7 :
(f) prescribe the conditions governing the ~rant 0(, and the rates of pay
for, and rrovide h\r the grant of aJlO\\1mce~ to, tnrol1ed persons:
(t) prescribe for aoy mHitlry arta which is a railway arta or [01' any area
heyond the 1iOlit.~ of the Union of Hunna the authorities which shall
he deemed respedively 10 he the Government and the District
1.lag-istralc for all or any of Ihe purposes of Ihis Aet; al',d
(,I,:) prodde for allY olher matter \\'hich under this Acl is to be or may be
prescribed.
(3) Any rnlr mule under this section may \Jrnvi<le that :1 contravention
thenof sInH be pnnislnhle with fine which may e:o<lend to lifty rupees.
(4) Thc power to make rules conferred hy this section shall, except 011 the
lirst occasion of lhe exercis(,: th~reof. be ~Ilbject IJ lhe cOlldi,ion of pn:vious
puhlkatioll.
(5) AlIl'I1les made under [his se.::tion shall be published in the Gal.dle, and on
such publication sh,.11 hare effed as if enacted in this Act.
31. TIle (General Officer Commandin~, Burma ArmyJ I mi.y milke re~ulalions I'ower to
con:;islenl with thi.. Act an(1 the rules ma<le thereundel' pl"ovidinJ.! ~clleral[y [or mate rc,..la-
llel;lils coltneded with the organisation :lnd personnel of the Burma Auxiliary HOlII.
Force, and for the dUlie~, equipment, mililarr traininj.!, a.llowances and leave of
enrolled persons.
32. For the purposes of sections 128, 130 and 131 of the Code of Criminal Certain
Procedure, all officers, [warrant officers,] I noncommissioued officers and men per,OII'
Ii:lble to perform military lIen'ice onder this Act who have been a~pointed to a I .. hjed 10
(OIP:; or unit !!llal1 be <leem~d to be officers, (warrant officers,)' non-commi~;ioned lhb Act to be
dCtll1ed pt.,!
officers, and soldiers, respeetively, of [the Burma] , Army. of the Surma
Army for
certain
pllrJlOlC1l.
, For rllll:$ under tills Icelion, See lJunna GtI;.r/t'. 19H, Part 1, (I. 93?
Sub51lhdcd by Ad XX,lf}oJ3.
I InSeJ"tcd ibid .
Substituted by the Ullion of Burma (AdapbliOll of Law.' Order. 1948.
56 Suruta A./lzifw:y Force..
Trial 01 JJ. Sa.\"~ as otherll'ise provided by section 21, no offence ullderthis Act shan
ol'fCIICCS. be tried SJxe hy a Court !lot iuferior to that of :I Ual!is!rate 01 the lirst cl3.55,
EWlllr1ioll H. No enrolled person sh"ll he liable to pay <'Iny lllunicip:ll or other tax ill
(,(lIn IllCal n:~per.t of :t herst, bicycle ,motor-l1icrcle, molor C;11 or other mean$ of conveyance
bxalioa.
which he is autliorisc(1 by a Q:('llcral or special order of the competent mili13ry
:lutllori1no mainl:lin in hi, capacitr as a member 01 the Burma Au:ciliary Force.
SCHEDULE 1.
lSu sections 9, 11,12 and IS.)
TIUIli'IXG.
I. I'rdilllinary_
1,'1 lor infl~trr 3Z (!a)~. Ind lhc ann"al mtlskelry (OURe as bid
down In re!luhlin",. .
16l for other br~nchu -10 d.')~, and the ;ulI1ual mlls~ctrr or 1:1111 COUTlt:
a1 lai,1 dowll in rCj:(1111tions..
2, Pl'li,'OCIi~l-
Rtl.e"~ daJ:i-
1"1 for ;n(."II1' .
It! for "ther IIT.lldll'
t'uTlt.-lcf ~"ctjon lil.-.;~.'erl d"rinl: f":~iodkll lr;linint: in UIIII', I d.,,' Cdnsi$ll III 100Ir
flour. III IChMI luiliury rlrill O~ i\<,'lioJll an,l mol)' b: milk ul' ul fra,:tj\lllll)/ ) dll' nUl Inure than
l'lUr III nUll,l>o..r.
Nodi~catiOl1 U. In l.:Omputil,g the period ollimitaLion prescriLed b}' the Limilation Act,
of law of or any olhel' law for the lime bein~ in (orce, for any snit, :lppell or :lpplication 10
Iitlliblion
where :In}' COllrl any Pilrly 10 which is or ha~ been a Bllnnan soldier, lhe lillie durinj,t
Hurman whkh lhe soldier has been servinj:( under war conditioll~ [since the 3rd day of
iOIdier September 1939)' shall be ell:c1u~d:
servinl
under war Provided that Illis seelion shan not appl~' in the case of any suit, appeal or
or $petial application instituted or made ,with the object of enforcing a tight of
condlliona p.. e.~mption,
il a party,
Power ol .2, If any Court is in doubt whether, for the purposrs of section 10 or s"ection
Courito II, .:'l.1ly Burman soldi~r is or W,18 at any particular time ~ervilll-: ullder \\'<lror olher
refer ques special conditions, it may rerer the point for the dt:dsioll of tile prescribed
tion alto
whether authority, and the certificate of that, authority shall be conclu~ivt: evidence
service ...u on the poillt.
under \'!p
or other
apte1al eon
ditiona, '
Rule- 13. The President of tbe Union, after consultin~ the HiCh Court, may, by
making notification in the Guette, m\ke rules to provide (or all or any ,,( lhe following
power. matter~ namely :-
fa) the manner and form in which an'~ notice or cerificale undn- Ihis Act
shall be liven;
(6) the period for which proceedin~s or any cbss of procet:dinj:(s shall be
postponed under section 7 ;
(e) tbe pers(llli who shall be the presen1.>ed :ll1tl:oritic~ fer the purposes of
this Act i
(0) any other matter which is to be or may be prescribed; and
(el generally, any matter. incidental to the purposes of this Act.
i'o'fo'er 1<) 14. The President 01 the Union rna)', by \!OtifiC.ltioll in the Galette, direct
apply the that all or auy of the provisions of Ihis Act shall apply to any otlter class of
provisiona
of Ihe Act persons in the service of [the Government] , specilied in such notification in the
to <ther same manner as they apply to Burman soldiers.
penon. in
the SCTvice
othe
GoICfnlllcDt
THE SCHEDULE.
PI/bUr; JIfOT$1Ii~.
~ ...
hcHiUe.\ for
the perll/I;';:-
religi~
dati"-
I. AH officers in command of ships of the Bnrma Na,-al Volunteer Reserve
shall I(ive reaSC'nahlc facilities for Ihe perform:lIIC'e of reliJ,!iol1j; duties b)' the
officcl"'S and nll~lllhen of the crews of thcir respecth-c !lhip.~ to each man
:r.Ct.."Ordinl: 10 his relil.:ion.
~tyfOf
3, Every officer subject to this Act who shall orhe'll to pUTSUf the chase of
DOl: (lUtWilll( any enemy. pirate, or rebel, be3ten or 1I)'inJ!:. or shall not relieve :lnd assist a
the enem, Icno\\'n friend in view to the utmost of his power, or who sh411 improptrly
....... ""
~n;::a
forsake his slation, shall, if he has I herein acted lraitoron<;lr, sutTer df'~lh ; if he
has acted from cowarclice. ;ulfer dealh or snch nther punishment as is hereinafter
lnelldln
wiew. mcntioned; if he has acted rront m;gli~en("c or thrOLl~h olher clt'fault, shall be
dismissed from service, with dil~race, or shallllllffer such olher puni,hment as
is hereinafter mentioned.
Penalty Ivl 4. When an)' :leliOn or any service is commanded, every person sobject 10
dtlayill:ol this Act who shall presume 10 dela\' or discollTal/:e the said action or serl'ice upon
di'll:Ot1nl in l anr pretence wbltsocwer, or in the presencc or virinity of the enemy slull desert
the sen1 hi~ JlOSI or sleep upon his walch sh:r.1l suffer death or such other punishment as
or dnminl
hit rose. ele. is hereinafter menti~d.
I Oclued by tile Uniorl of BUlml (Ad~l"t.llion of YWI\ Order, 1948.
B"rJJUJ Harml Vo/llflltv Rtsnw. 63
5. Every per,iOn snbject to III is Act, and lIot bein~ a c(ll.n~~\l(lil it {,ffil'c:r. PtnJ.1!y for
who shall not use his 'ltmost exertions to carry the orders of his superioroffictrs mil.:on(lllet
of lubor-
into exeC1.1tiol1 when onlertld to prerlre lor adion, 01' dnring the :lction, shnll. dinate
if he 110.5 acted tl".\itoruusll', ~uffel" death i if he h:ls acted (l'om cowardict, shall officetl
suffer death, or such olher punishment as is hereinafter mentiontd i and if he and mm la
has actetl from nl.:::li~ellce 01' through other default. be dismissed from service, J.C1lo11,
with disgrace, or suffer such other punishment as is hereinafter mentioned.
COlnlllllflicdfI01lI.ilh th, Elltmy.
6. All spies for Ihe enemy shall be deenled to be persons snbject to Ihis Act, Penalty IOf
:l1ld shall suffer de:l.lh or slIch other punishment as is hereino.!ter mentioned. Ipia.
18. Where Inliliny i~ accompanied by violence, every person suhject to this !'enal!y lor
Act wllo shall join \hel1:in shall suffer de~th or snch cther punishment ;IS is mutiny
herein;lfler mClllirnetl i and enr)' pel')on subject Co tbis Act who shalt not use ~ct'Olnranietl
b) act, of
his utmost exe..tions 10 SUVpres~ such mutiny ~hall, if he lms acted traitorous!)', violence,
~uffer death, or su.:h other punishment as is hereinafter mentioned; if he has
:lcled from co,vardic~, shall suffer pen;111lCrvitude 'or such Olher puuishm~nl as b
hereinafter m'entiolled: if hc lIas actell from negligence, he .hall be dismi'.ed
from service, .ith di~ra.cc, or suffer such other punishment as is hereinafter
n\entioned.
n. Where a Inutin\" i~ not ac=mpanie-t by violence, the rin~leader or rinl- Penalty fOf
lu.ders of such matiny sh 111 suffer de.1th, or such other punishment as is mulin,. not
hereinafter mentiOlled; :lnd all other persons who )1\111 join in such mutiny, or' ~r-tlitd
sh1.l1 not nse their utmost uenions to SllpptnS the same, shall suffer imprisonment :r,;'..:...of
or such other punishment as is hereinafter mentioned.
12. Every perSCll snbject to Ihis Ad who shall endt':tvouf to seduce any other "malty I
person subject to this Act from his dllty or [:llle!ianee 10 the ConslilutiOflf l!lCillnl::
or endeavour to incite him to COlomit any act of mutiny, sb:1I1 suffer death Of such unltlDy.
other PUnishment a~ is hereinafter mentioned.
I Ste foolllote to I. 52(2) al p. 70.
I Substililted by tb, Union of 8urma 1,\4apbUOII 01 Lawai Orckr.l941,
64 Bllnlla Ndml VJ'llIffieer ReSN lie.
P~"Ilalty for 13. Ever)' pej~n, no: othel'wise liubject to this Ac!, who, bein/ol on oolnbny
dlUlI1\l Government ship, shall en,leavolll" to sedm."e rr','\n his duly or [alleRiance to the
enduvour-
ll~ 10 seduce
Constitution]' :til}' persf1ll ~ubiectto this A.d, ~h:\11 so hr ns respects st1(h offence
!rom alle- be deemed tIl be a l'e'r~OIl sul>jfOet to !hi~ Act, lnd sh;\11 soffer death or such other
_.
i1ance. punishmtnt as is hereinafter nlt:l1lioncd.
Venally fot ... Ev~r}' pcr~'lnsl1hjcdto Ihh Act who sh:lll m..ke or enduvOllr to m:tke :tn}'#
....
:11uilll mntinous assrmhl}'. or s1l;\11 Iud or illeil~ :1Il)" Olher pcW>u to joiu in an\'
a&ICtrll>lit' mutinous "s!lemhly, or shall ntlcr an)' words (If seJitinn or mutin)', ,hall s'l1fftr
... utlerillJt: penal servitude: or such other punishm~nt all is herein:lftc:r mentioned.
..ediUoIII
_.
wonk.
Pe:aalty for .5. Every person sohjecl to thi!l.Aet who ,h3.U wilfully conceal any traitorous
~inlr: or mntinou!l plOlctk~ or desiJ,!n or an~' traitorous or motinolls words spoken
u)' tRi aJ.!ain~llhe (",o\'cmmc'nl, or ;lny \\"or&, practice, or de~gn tending 10 the hindrance
101"_ or
-
_tiaOlil o( the service, !:hall suffer pellcl scrvitude S or slIoll other punishment as i,
hereinafter mention~.
daiJ.:1l.or
l'Ul'oilhment 16. Ever)' person ~uhjeet t('llhis Act who ~h;llI slrik:: or attempt to strike or
for Ilrikioe dmw \lr lift up 1n)' we:tl'>l)ll :l;.!ainsl, or use ur attempt to use :my I'iolence against,
or aUclllpl his Sllp,~riOl' oOker, wh~thcr 01' 1I0t such snperior oOictr is ill llll: cxecution of bis
lnl to
,trike, etc.. offict:, shall he punishecl wilh pen:ll 5cn'itude t or slh:h olher pUlli~hment as is
alii_tor Ilercinafter mentiuued.
olDotr. IIlSII bordifCblivll.
)'aI;I.lty f 17. E\'cry persou su!lje..::t to :his Act who shall wilfully di!lObey :my bwrul
di~imcc et,mm:tncl of his supI.-riot officer, or ldL"U use thx:l'cniu~ or insullin)! litn~)!e, or
.... .an{
ttln";'llminC: hehav(." \\"ith contempt to his sl1pcri('lr offi.;er. slnll IJe punislic:d wftl, dismissal,
brIlo,uge Iol with disltr:lcc. rrom sc...,...ice, or :suff:-r such other punishnll:nt as is hereinafter
IUrerior mentioned.
oQio:er.
Pena!h' for 18. E\'err pel'S"!! subject to this A..:t who sh... n quarrel or fiaht with an}'
quam-Itine, other per~a. wl!elh\.'r '1ueh oth~r l'\.'rs:'n he or b~' nol subject to this A(."t. or shall
..Ie" OfI..illll: u~c reproachful or lll'>,"okill~ spc~I..hcs or ;.!L.",IUrcstclidilll{ to make :UlY Quarrel or
UpIl)uh{ul di~tllrbau,;e, :dlill sn!fr.r impdsul\lllCllll'r ::on.:h olher plI"i~hlll~111 as is hcr~i\laftc:r
'pect:h nr lnr:ntioned.
j(utnres.
VarrliOJ/ AIIII AllslmccltliJilout Lellt't.
Penalty '01' 19. Ev..:rr penoll snbj(."l.'! to this Act wh:'l sh111 ah~el1t himself fre-m' his ,hip,
dtMrtlon. or (rom lhe place wh,,:,re his tlut)' rt:quirts him to be. witll an intention of not
returllinll to sueh shill or phce, or who shall at any lime and undt:r any
circllmst;\nCes. when ;&h~ellt from his ship or place of dllt}', do"any act which
Ihows that lie has;1II inlen!i(ll1 of not returninJ.: to sll..:b ship o~pL1ce, shall be
deemed to h",'e deserted, and shall be punishrd accordin/ollr; that is to sa)',
til if he 1,0lS deserted to the enemy, he~halt he pnnished wi~h de.lth or
sUch other pllnishmcllt as is hereinafter Illenlior.ecl ;
(2) if he hM def,erled undef :inr olher circumsl;lOce~. he Sh.ll1 be punished
with pen-'ll servitude 'or such otbcr J:nnishment ;u is hereinafter
menliOfled :
and in enf)' slIch case he shall rorfeit all par. he:l.d moner, hounty. salV3ge. prize
mOlOey. and allowaoCC!l that h:t\'e l1('eo e:l.rnt'<l hr him :l11d nil :mnllities, pen"ions,
gr.ltuitir~, medals ami clecoritiollli that may have been W'lnted to him, and also
all clothes and effects which he mar have teft on hoard the ship or at the place
from which he h:ls descried, unless the tribunal b~' which he is tried or the
President of the Union shall otherwise direct.
'!iIlMtlIlIlld hy the \:1111,\11 of 8\1Tln~lA.daplall'lQol L:lws)Orller.I948,
I 8ft foolnote to .. 52 (~at p. 10,
2'. Every perlOn subject to this Act who sh;all endeavour to seduce ;any Pin,",
for
other person subject to this Act to desert sho.!1 suffer iOlprl~onment or such olher Inducing
(ltrlkln to
.n)'
punishment as is hereinafter mentioned. duert.
21. Every officer in command of any Governmentlhip who shall receive or l'flUllt)'for
entertain any deserter from the Bumla Naval, Military Of' Air l'"orces, after dis fntertalnlnlr:
a deMrler.
covering him to be a deserter, and shall not with all c.onvenient speed. in the case
of a deserter from the Burma Na.val Forces, give notice to the commandina: officer
01 the ship to which such deserter belon~s, or, if such ship is at a dish.nce,lo the
Presid.:nt of the Union 01'" to the Commandiojl Officer of Ule Burma Naval
Volunteer Reserve, or, in case of a deserter from the Burma Milibry or Air
io"orces, ).live notice to the President of the Union or the commandiml officer of
tbe regiment or unit to which such deserter be.lonJ:;s, tbe of6cer to effendine shall
b~ dismissed from service. or thaI! suffer such other pullishment as il hereinafter
mentioned.
22. If :my person subject to thi, Act (without beina lUilty of desertion) Pullllhmo:nt
improPerly leaves his ship or ~lace of duty, he shall be liable 10 inlpr;sonment or ~~t ,::~;~g
to such other punishment as is hereinafter mentioned, and to sucb other .
punishment by forfeiture of. wages or of other benelits as the Preaident of the
Union from time to lime by regulations prescribes.
23. Every penon subject to this Act who (without heinll ).luilty of detertion Penally for
abMllce
or 01 improperly le:winj.! his ship orpl"ce of dntyl ~hall be absent without leave without
shall be liable in time of war to imprisonment or such otber punishment as is Inn.
hereinafter m mlioned. and at other times to imprisonment or detention for any
p.lriod 1I0t e:cc:eedin" ten weco. or such other punishment as the circumstances
of the cou: may r~luire, and to swh otber ptlnilihment by forfeiture of wa.:es or
of other benefits at tlu: President of tbe Union from lime to lime by rewations
prescribes.
24. If any person subject to this Act is absent without lea\"~ for a period of Yorfeihrn
of effect,
one month fwhethu he is guilty of desertion or of improperly lruing his ship or fOf~'
place of duty or notl. but is oot apprehended and tried for his offence. he sh:l.lI be witllout
liable to forfeiture 9f wages and other benefits al the Pre.sldenl of the Union (rom lean.
lime to time by re:.:ulations pre-iCribes. and the Pr~ident of the Union may by
an order containin~ a statement of the absence witbout leave direct that the
clothes and effects (if any) left by him on board ship or at his place or duty be
forfeitect, and the same m,y be sold. and the proceeds of the sate shalt be dispoted
of as the President of the Union may direct i and every order under this provision
for forfeiture or sale shall be conclusive as to the fact of the absence without le:lve
as therein st.1.ted of the person Iherein n2med: but in any case the President of
the Union mat'". if it seems fit on suRident cause being shown at :lIly time after
forfeiture and before sale, remit the forfeiture, or after sale payor dispose of the
proceeds of the sale or any part thereof to or for the use of the Anson to whom
tbe clothes or effects belonged. or his re~tatives.
25. If any penon not subject to tbis Act usislsorprocuresanyperson subject Pmall)' II...
to this Act to desert or ilnproperly abaent himaelf from his dat)", or concealf. ...dtlinlf,
employs or \."Onllnues to employ any person subject to this Act. who is a deserter tic., daer
or improperly a.bsent from his dUly, knowintt; him to be a. deserter or 10 U...
improperly abscat. he shall f'X'every weh offence ofassistancc,procutt-ent.
concealment, employment or contin11an~ of employment, be lill.ble. on COnyiction
in" summary trial before a MaA;strnte empowered under section 260 of the Code 01
CrlmiLlaltlrocechue. :;!: .. Ito a pena!tynot exceedinJ:; t\\'o hundred mrees;
and every such penalty shall be applied as the President of the Union directs.
l Dcld c4 by the UnlOJl of Bl,lnM (Ad;artaUlln of La,,"' Order, 194&.
s
66
PCIIiIltr ror 26. If any person not subject to thi. Act by words or otherwise persuades
f1Cr~u.'dinl: any ptnon subject to this Act to desert or inlproperly absent himself from his
10 dCM;ltion,
ete. c1uly. he shall for (:\'try such offence be liable, on conviction in a summary hial
bl'iore a 1.lagistT:lte emr,'wcred under stction 260 of the Code of Criminal
Procedure,' t!:' a penally not exceeding two hllndrcd rupees; and
Cft,y such penalty shall beapplied as the President of the Unioll di~c1s,
JJisdllJlflDlIS offtItUS.
PtullylOf 27. EYery person subject to this Act woo shall be guilty of any profane oatb,
('rolane
,,,,nrh:1 cursing, uecratinn, drunkenness, unclt.1nness or other scandalous action
and other ., and corruption of ~ood manner~ shan be dilimissed from strvice,
l!lllllunlilin, with disgract, or suffer such other punishmeul as is hereinafter mentioned.
Pmaltron 28. Every officer subject to this Act who shall be )tuilly of cruelty, or of any
oftiur IOf scandalous or Inudulent conduct, Shlil be dismissed with di5l:rac.e from service;
cruell)' Uf
CIf'I'T nsion" and evcr)' officer IUbject 10 this Act who 10llall be )tuilty of any other conduct
unbeconlillg the cbar:l.cter of an officer shall be dismis!oCd. wilh or without
dislUl\Ct'1 from service.
Penalt)' !(II" 129. Every person subjectl" this Act who shall cither desi"mcdly or nClilligenlly
IlIflcrilll or by <lny default lose, strand. or hazard or suffer 10 be lost, slrauded. or huudtd,
.,
whips Or
airaaft 10 be any ship of tilt: Gcvemmenl Of in Government service, or lose or suler to be lost
imf'l'ortrly any aircraft of the Gol"cmmenl oc in Go~emment sen,jce, 511:1.11 be: dismissed
from sel"Vic!, ,,;Ih disw-ace, or s.uflu such olber punishment as is hereinafter
mentioned.
t'eoatlylOf 3'. The officers of all GO\'emmcnl ships appointed for the convoy and
nol taking protection of any shiPli or "cssels shall diligently perform t11eir duly without delay
carl or and
accordin~ to their instructions in that behalf; and e\'ery (fficer wh,) shall (ail in
c\dc"din,
Ih1rs undt,.1' his duty in Ihis respect.. and sh:lll not defend the ,hips and ~oods under his
coa'f1))', convoy. without de..iation to any other objcctl.(Irshall rdust to fi~t in their
dcfen~ if they ;are assailed, or sh111 cowardlY abandon and expose the ships in
his convoy to hlZ:lrll, or sh til demOlnd or extract ::lny monel' or other reward
from any nlerch:lnt or lIluter for convoying any ships or "'esse!s entmsted to his
care, or .hal1 misuse the muters or m,uim::rs thereof, shall make such reparation
in damage. to the merch:l.nts, OWlleTSt and othen:lS the Court of Admil'lllty may
a.djudge, "nd also shall be: ponhhed criminally according to the n3ture of hi~
offence, br death or such other punishment as i. hereinafter mentiOned,
Nader of II. Ever)' muter or other of6~r in comm.1ndof any mm:h:mt or other 'euel
merc:hUlt under the ccn\'oy of any Government ship shall obe)' the cornmandinc 06:er
,"cud to
obey order. thereof in :ill matten relatinR to the navil!.il!i('n or security of"e convoy; ilnd
01 c:onVO);" shall take luch precaution. for ;r.voiding the enenlY as may be di~cted by such
,ffi,,,. comm:lnding officer, and if he shall fail to obey such directions such commallding
officer may compel obedience' by fov:e 01 ;l.rms without being liable for any loss
of life or o( properly that m~y resulf from his using such force,
PtmUr 'Of n,Ever)' officer in ccm~nd 01 ;lIly of Governmttlt shiPi who shall ream:
bkiDg ftl)" or permit to be received on boartl sllCh ship any ~oods or merchandise
011 board
~, oq whatsoe\-cr, other than for the 50Ie use of tbe $hip, except 5:,01d, "h-er or jcwels,
=~~ and ucept coods and merchandise belonR:inlt to any merchant, or D!l board any
Ule ollbc .hip which lna}' be .hipwrecked ()[ in, imminent danger. either on the hiJ;!h .eas or
vu~l u~:pt in some port, creek. or harbour, ICIT the ptlrpose of pr'eservinl!: them lor their
cold, 'il\"cr, "roper owners, or_e'l:cept such i:oo<ls or merch"ndise as he may at any time be
;cclt.de.
I Dtlclcd bythc 1'1IlIioa. of Bunna l"-uptalioll 0( u . , l Ordcr, 194',
, Amelllkdibid.
67
ordered to lake or receiveoD board by order.~f the Prt$ident of theUnjoa or hi,
superior officer, sh~lI1?e dismissed from ""ICC, or lUft'er luch other puni'~mcnt
as is hereinafter mentioned.
33. Every person subject to t~is Act who .h~I.1 \Vastef~l1r expend. embezzle, Penalt, fOl'
or fraudulently buy, seU o,r fCC(IVe ~ny ammumtlon, prOV~)IO~1 or ~h(r public t1Il~u1in(
stores, and every person subJed 10 thIs A-.:t who sh;al\ knowlIl"-ly pemut any web (lIIbIk 1t0fti.
wasteful expendilu~, embea:lemtnl. SOlie. or receipt, shall iUfler impritonmcnt Or
such other punisbment as is hereinafter nltnlioned.
34. Every person Itlbje<:t to \IIis Act wbo shall unbwfully sel fire to any Ptru.\ly IOf
docky3rd, victualling yard or .team factory yard, arsenal, m:lJl;wr\et buildin", burnln, an,
stores or 10 any ship, vcs:tel, ho)', b.uge, boot, or other cralt or furniture 1tI<l..I:,;ullllor
thereunto belonging. not being the property of:m enemy, pirate, or rebel, shall ~~~c.,
suller death or such other punishment as i5 hereinafter mentioned. Inll loin I-
cnenlY
JS. Every person subject to this Act who shall knowinlotly make or ~ign a falle l'enall fOf
muster or rC(;OrU or oUll::r ofl1cial document, or who sball comnulldl coullSel, or uakill: or
procure the makinlot or signina thereof, or who shlll aid or abet any other penon 1i1{lll11lC talle
in the I'll4lking or signing thereof, shall be dismissetl from senice, with dislotracc, ftl'''I....
or snffer l>uch other punishment "s is hereinafter mentioned.
. 36. ~very person subject to this. Act w~o shall wilfully d~ a~y act or PenalhdOf
wilfully disobeY any orders, whether In )lOIpllal or elscwheff, WIth mtent to mlKOridIlCt
produce or to ~~rr.wate any di5tasc or infirmity, or to del:ay his cU!'!, or \Vho in Ikl,,,,ital.
5hall feign allY disease, illtinnity, or inability to perform his dutYI shall suffer
imprisonment or sucb other punishment as is hereinafter mentioned.
37. Every person subject to this Act who .hall.have any cause of complaint, l'enalt)'fOt'
either of the unwholesomcness of the victuab or upon :my other. just around, tndo'A.,our.
5hall quietly make the S:l.me known to his superior, or captain, or to tbe iUlto,lir
commandillg officer o( tbe Burma Naval Volunteer Rrserve, and the &:lid superior, ~Jl :;)(tt~
c"'1f1taill, or onker, shall, as far as he ioi able, cause the same to b~ PTt:liCntly :rCOl:~le~nn
rtmedied ; and no person subject to this Act upon all}' pt'(.tcnce whatenr shall unwbrlle-
attempt to ~lir up ;tnr disturbolnCt', upon ):'lin of such punishnlent as a Court- _eM~1 uf
martial maY think 6t to intlicl, according to the deJ.tree of offence. ~",::i~
grOllnda.
.. 38. All tht' papeu, charter-p."ties, bills of 13din~, plSspOrls, and olher P~nall)"Of
wn.tlll~s whatsoever th"t shall be hlr.en, seize(l, or found aboard any ship or ~hips '''ol~ndlng
whIch shall he laken' as prite sball be duly presened, and the commandin..: 101bd.;O-1
officer of the ship which shall take slIch prize sMII lend the ori..:inab entire and ~I"lhlliratt,
U"ithout fraud to the Conrt of Admiralty, or such other Court or comnliSStonen ~Ol!~":~fl'
as shall be authorized to determine whether such prlle be lawful capture, there "rUe .hi....
to be ,jewed, made use of, and proceeded upOn accordin~ to law, upon pain that
every pem)n offendin~ herein shall be dismissed from st1'\'ice. or ,ball stiffer such
other punishment AS is hereinalter mentioned, and in additlou thereto shall forfeit
and lose his share o( the capture.
39. No person subject to this Act shall t'lke oul of :'my prize or ship seized Penally lor
for prize any money, plate. or l:oOOs, unless it shall be neceu:u}' for the betler t:lkinlt:
Kcuring thereof, or for Ihe ncce~sar}" use and semce of any of Government ships :-~~td
and vessels of war, belore the same be adjud",red lawfut prize in lOme Admiralt) 011 lit In, I
Court; bot the full and entire account of the whole without embeulement shall prbt bc:lon
be hrou$tht in and jlld~ment pused entirely IIpon Ihc whole, wlthollt 'mud, upon ~the _me'
pain that even' J)emlll offendinll; herein sh:l\l he dismi..~ed from sen-i. with ~:::::Md
dis:!t".lce. or sufter sllch otber panislunent as is herein:llter mentioned, and in .
addition thereto forfeit and Ieee bis share of the capture.
..
68
41. If any ship or YeSscl shall be tU~ as prize, none 01 ihe officen,
-~
ItrifltliDlor mariners. or other persons on board bet shall be stripped of tbtir clothes, or in
ill"'''":
persons
any SOl t pillaged, heillen, or evil intrealed, upon pain that the person or pel'lOlls
.......
lakrn
pri~
Oft so offendin~ shall he dismissed from service, with diSArace, or &Uffer such olher
punisbment as is hereinafter m.entioned.
Peniltyon 4J. If the commanding officer of any of Government ,hips does an, of tbe
COGIlDlQdcl'l follo\\ing thinas, name1)',
QI(ltllliat
J.Jpriubr (I) by cotlusionwith the enemy takes as pri" any VtSItl, good" or IhUlI j
coll'l5loa. 01' (21 unlawfully ","rees with any person fot tbe ransommg of any Vessel,
cclhlli'rl, ~oods, or thing taken as prilc i or
rtstOl'inC (3) in pursuance of any unlawful agreement for ranlOmi"l or otherwise by
ships or collusiOn actually quits or restores any veasel, goods, or thiol taken
1- as prize;
be .hall be laible to dismissal from semet. with disgrace;. or to 5uch other
punishment as is bereinlfter mentioned. .
Perlillylor 42. If any person subjed to this Act breaks bulk on board any vessel taken
braldn, at prize. or detained in Ihe exercise of any belli~erent right, or under any Act
bulk on relating to piracy or to the slaye trade or to the customs, with intent to embeule
board pri&(
Utip with anylhinj.! therein or belonging thereto, he Ihall be liahle to dismissal from.
.......,..
a'I_lo
....l
service, with diSi!~, or to $Ucb other puni.hment as is hereinafter mentiofted,
and in addition tbereto to forfeit and lose billh2rC o( tbe capture.
Ptf,alt)' (Of 43. E,ery person subject to this Act whosban be guilty of any act,disotder,or
""m=
apinst
neulect to the prejudice of good order and naval discipline, not hereinbefore
.pecified, shall be dismissed (rom aervice, with disgraa:, or .sllffer such other
nanldh
cipllintllOt punishment as is llereinaUer mentioned.
~rtk.1ad)'
mentioned.
Crimel to bi: 44. Any penon subject to this Act comlllitting ally oft'mce apiO$t this Act.
J*11~ such offence not beina; punishable with death or penal suvitude', shall, sue
=~~l! to where this Act upreuly otherwise provides, be proceeded against and punished
CU1tOCllllll accordin~ to the bw. and customs in such cases used at sea.
~.
PART f1,
GF.lllRAL P.O\'nION~
7. Where the amount of punishment for any ollence ultder this Act ~owyof
depend~ upon the intent with which it has been commilled, :md any penon is m~~i;IIO
charged with having committed such offence with an intent iavolvin" a Ireater find lllltnt
delf're of punishment, a. Court-marth! may l;nd thai the offenu Wal committed with which
with an intent involving a Ius de2l"ee of punishmcnt, and award such punishment ~": COft
aceOl'din&I)'. IIlI e ,
... Where any person shall be ch.ar&ed with .any offence onder thit Act he Power 01
r:lilllre of proof of the commission of the Jl:realer oIence. be found J!:uilty ~I;IIO
m."I)', upon
or another offentt of the same c1m Involvinil: a less delttee of punishment, but :n~ pri-oncr
not of an)' offence invohina a greater ddrf:e of PUnish_ot. f: of
of(e~""
chlfleof
Cnaift'.
PtN.1!)for 51. I:!:vu)' prrsou lubject to thil Act who shall not U~ his utmost endea'
not a"IIUnl vonrs to delect, apprehend and brinR to punishment all offenders OlJ{ainst this Act,
In delfCtlCNl
or (ll"iSOQttt anll sh.:'lU not a~sisl lhe officers :lppoinled for thlt purpoSt, Ihall suffer impri~on
menl or such other punishment as IS herein:ifter mentione!\.
PART Ill.
RlGVUTJON. AS TO PUNISHlIRN'TS.
Lllnilation 54. No penon, unless he be an offender who has n'foided apprehension or
of lillie lor Red from just icc, sball be tried or punished in pursuance of Ibis Act for an)' offence
rial
comlnilted by him IInlesi sucb trial shall take place within thr.:e yean from the
commis~ion of such offence or \\ithin one year after the return of klch offender to
the Union of Bul"D'\aj where he has been absent from the Union of &rma durina
such period of three rea~
Salt 01 55. Subject to the f(ftiOini reJ{lllations, where an)' punishment is specified
punilhrntlli. by this Act as the p:nalty for aD1 offence, and it is furtber rledotred that another
punishment ma)' be awarded in mpecl of the same offenc:e,lhe expre1;!l.ion "other
punishment .. sllall be deemed to comprise anyone or tt\(ft of the punishment"
in(crior io dea::ee to lIIe specified punishment, according to the scale hereinbefore
mentioned; but corporal punishment shall be deemed equal in del-tree to imprison-
ment, and may in all cases, $ubjectlo the foreioinR regulntions, be inflicted as a
substitute for or in addition to imprisonment,
Alltl'lorilin N. (I) Any offence triable under this Act rna}' be tried and Ptlnbhed b)'
havinl Court-m.'\rti:11.
po..trto Ir,
oI~n.
(%1 Any offe~ not capit.'\l \\'hkh is triable under Ibis Act. and (except in tbe
caleS b)' tbis Act expressly provided for) is not committed b)' an officer, mar, under
such ~1ations as the President of the Union rrom time to time issue, be sum-
marily tried and punished by the officer in command o( the ship to which the
offender belonRs at the time either of the commission or of the trial of the offence,
subject to the restriction that the commanding officer shall not have power to
award penal servitude' or to award Impri.onment or detention for mort than three
~nths. '
(J) Ttlr power by this $tCtion vested in an officer commanding a ship ma)'-
(11) as l'tIpetu persons on bo:lrd a tender to tbe ship, be uercised in the
(ale of :l sinwe tender abient lrom tbe ship, by the officer in command
of sueb tender, and in the case of two or more tenders absent from the
ship in company or actina together, by the officer in immediate com
mand of such tenders; and
(6) as re.pects persons on board any boat or boats belonlling to the ship,
be eltercised when such boot or boats is or are absent on detached
service, by the officer.in comm~nd of the boot or bolts; and
(d as re~pt(:ts pertans sublect to tillS Act on detachtd serviCe either on
shore or otherwise, or such ollhose persons as are not for the time
bei.OR made subject to military law, t l be exercised
b)' the officer in immediate commlnd or Uiose persons' and
(J) as respects penons subject to this Act quartered in ~a\-al harrad.-s,
be exercised by the oIicu in commlnd of those bamcks.
I Dddtd by tht Union'" Rurma IAdlptalioA of W"I) O,4tr, 1948.
, $" lootAOtt 10 I. S2ltl at p.1O.
Bar",. N,nt/d Vol.ttlttr RtUtW. 73
(4) EKcept in c,lSe of mutiny, no man shall be senlenced by lhe commandina
oftker to corporal punishmelit until his oHener has bn inquired into by one or
more officers appointed by sucb commanding officer, and his or their opinion as to
the IUilt or innocence of the person chaflCed reported to such eommandinll officrr,
;lind the comm.'lndinR 05cer shall thereupon act as aCCOfding to his jodJtment may
Rtrn ri~ht.
57. The President of the Union may impose the punishment of forfeiture of Forfeit,,,,
time or seniority of not more than twelve months on any subordinate officer. of time 01'
wnlorltr.
57A. (1) Where any officer borne on the books of any of Go'rernment ships Trial 01
in commir.ion is in time of war alleled to ha'fe been guilt) of a disciplinary offencc, offICeR for
that is to say, a breach of section seventeen, eiahteen, nineteen, twenlytwo, Iwelll)'. :~~~~i~Y
three, twellty.seven or forl)'three of this Act, the oOicer haYing power to order a lillIlC of war.
Court-martial may, if he considers that the offence is of such a charader al not to
necessit.'\te tri:al by Court-martial, in lieu <If ordering a Courtmatti-'ll order a dis-
ciplinar)' Court constituted as hereinafter mentioned.
(Zl A discipliltaf)'Court sh.'\11 he composed of not less than thrte nor morc tllan
fi\'e officers, of whom one shall he. commander or of hlaher rank.
(3) A disciplinnf)' Court shall hnve powtr to impose any punishment inferior to
dttenlion in the scnle hertinl>dore contained, bnt no Irtater punishment.
(4) The Presi<lent of the Union may from time to time frame Reneral orden
for regulatinR the useml>ling, constitution and procedure and pr:lclice of dis-
ciplinnry Courts under this section, :and ntay bl' those: t'tilUlatioDs apply, with the
necess:ary modilkations, to disciplill:l.ry Couris the provisions of sa:lionl sid).two
to sixt)'-four and sections sixtJsix to sixt).nine ol Ihis Ad rebtin" 10 Courts--
rn.'\riial, and the rclulation! shall provide for evidenc~ beinl taktn on oath and
empower the Court to administer oaths for that purpose.
PART IV.
CoURTS-IU.RTIAL.
ConstiMian 0/ Ca"rts-martUr~.
II. Tht following re""lations are hereby made ",ith respect to Courts-
marlial :-
(U A Court-martial sllall consist of not less than fi.e not more. tban nine
officers i ,
(2) No officer shnU ~ qualified to sit :u a member of.aoy Coun,-marhal
held in pursuance of t!lis Act unless he be a flaa offietr, cap/am, com
mander, lieutenant-commander, or Iieute~t of the Burma Navy on
full pal' ;
(3) A Court_martial shall not be held unless :at least two of Government
ships, not bcin" tenders, :and comnmnded by captains, coromanete",
Iieutennnt-comm:anders, or lieutenants of tbe Burma Navy on full pay,
are to~ether at the time when such Court:marlial is held;
(4) No officer shall ait on. Court.m..u tial who IS under twenty-one yurs
(5) N:~~~~martia1 for tbe trial of a Rae officer shall be duly constitu~ed
unless the president is a Ra. officer. and the .other offiCf;r~ compoSIllR
the t;ourt :are of tbe (auk of caplain, or of bllber rani: ;
74 Burma NOM! J.olunleer R~slt'f1e.
(6) No CourtamarliaJ lor the trial of a captain in the Burma Navy sha1l be
duly constituted unlesi:l the preSidel}l is a caphin or of higher rank,
and the olher officers composing the Court arc commanders or officers
of huihcr rank;
(7) No Court-martial for the trial of a person below the rank of captain in
the Burma Navy shall he duty constituted unless the president is.J a
comm.mder or of hij,ther rank, nor, if the person to be tried is of the
rank of commander. unless in addition to the president two other
members of the Court are of the rank of commander or of higher
rank;
(8) The prosecutor shall not sit 011 ;lny Court-martial lor the trial Of a
person whom he prosecutes ;
(9) TI'e President of the Union shan h:wc power to order Courts-martial to
be held for the trial of offences under this Act, and to grant commis-
sions to anv officer of the Burma Navy authorizing him to ol'd~r
Courlsmartial to be held for the trial of such cffences i
(10) An ofticer holding a commi~ion from the President of the Union to
order Courts-martial shnllllot be empowered to do so if there is
present at the place where such Conrt-martial is to be held any officer
superior in rank to himself in command of one or morenf Government
ships 01' vessels, although such last-mentioned officer may not hold a
commission to order Courts-martial; and in such a case such last-
mentioned officer may order a Court-martial, although he does not
hold any commission for the purpose; .
(I J) If any officer holding n commission from the President of the Union
to order COllrts-martial, having the comn13nd of a fleet or squadron,
and being in foreign PlutS. die, he reCl'll1cd. leave his station or be
removed from his comm:l.1Id, the officel' upon "'hom the command of
the tleet or squadron devolves, and so from time to time the officer who
shall have the command of the fleet or squadron. sh:lIl, without any
commission from the Pr~sident of the Union, have the same power
to order Conrtsm3rtial as the first-mentioned officer was ionsted
with i
(12) If any officer holding a commission from the President of the Union to
order Courts-martial and having the comm],nd of any Reet or squad
ron of Government ships in forei~n parts shall detach any part
of such fleet 0" sqlladl"on, or separate himseU from any part of such
Reel or squadron, he m::t.}'. by commission under his hand, empower
in the first-mentioned C3IC, the commanding officer of the squadr..,n
or detachment ordered on such sep.1rate service, and in case of his
death or ceasin~ so to command, the officer to whom the command
of such separate squadron or detachment shall belonlt, and in the
secondly-mentioned case the senior officer of Government ships on the
division of the station from which he is absent, to order Courts-
martial durinR; the time of ~llch !lC;Po'\rate service,or during his absence
from that division of the station (as the case may be), and evCl'y such
anthori!}" shall conBnue in force until revoked, or unUl the offic:er
holdin~ it returns to the Union of Burm]" or until he comes into the
presence of a superior officer, empO\",ered to order Courts-martial in
the same squadron, detachment, or division of a station. but SO that
such al1thority shall revive o? the ?fficer holdinJ( it ceasinl't to be in
the pre!>ence of such a superior officer, and so from time to time as
often as the case so requires i
15
(13) The officer ordering a Courtmartial .hallnot sit thereon;
(14) nle ~ident of every Court.martial shan be named by the authority
ordeflog the same, or by any officer empowered by such authority to
name the president;
(lS) No C?mmander, lieutenanl-eommander, Of lieutenant shall be required
to Sit as a member of any Court.martial when four officers of a hiRher
rank and junior to the prt:Sidcnt e<\O be a~lllbled at the place where
the Conrl-martial is to be holden (but the regularity or validity of Iny
Courtmal1ial, or ~f the proceeding, thereof, shall not be affected by
any commander, heulenantcommalldef, or lieutenant being required
to sit, or sitting, thereon, under any circumstances) ; and ~'hcn any
colllmander, Iieutenantcommander or Iientenant sits on any Court.
martial the members of it shall not exceed five ill number i
(16) Subject to the foregoing regulations, whene,'er a Courtmartinl shall be
held the officer appointed to preside thereat sh:111 summon 'all the
officer:\ nezl in seniority to himself present at Ihe place where the
Court-martial shall be held to sit thereon, until the numher of nine,
or such number, not less th:1O fi,'~, as is attainable, is complete;
subject to this P1oviso, that the admirals and c:aptains beinJ:
$'Qperintendents of Governm~nt dockyards shalluot be sUlllmon~d to
sit on Courls-martial unless speciall}' directed to do so 1' orders
from the President of the Union.
59. A. Court-martial under this Act sh:all be: held on hoard one of Wber.
Government ships or vessels of w.lr. unless the Pr~sid~nt of th~ Ullion or the Coull~
officer who ordered lhe Court-mltlial in any p:articular calC for re:lisons to be marUllto
be held,
recorded on the proceedings otherwise direch, in which C31e the Court-marti:al
shall be held at a pori at snch con"enienl pbce on shore:as the President ot the
Union or the offi~ who ordered the Coun-martial shall direct,
61, A Courtmartial held in pusuance of this Act may, if it :tppears to Ihe A.I to URIC
Court that an adjournluent is desirable, be adjourned for a period not uceedina 01 liltlnlJll
sill: dl}'S, but except where su~h all adjollrlllllelll is ordered shall sit from day 10 uf Courts-
martial.
d3r, with the exception of Sondays, unlilllcnience is J,liven unless prevented from
ao doinJ: by stress of weather or unavoidable accidcnt, and its proceedinf!;ll llhall
not be del:tyed by the absence of any member, so that not Ius thi/on (our are
present j and no member shali absent himself unleSi conlpelled so to do b)'
sickness or oilier juat ClIuse, to be approved of b}' the other members of the Court,
and if :any member of a Court-m3rlial shall absent himself therefrom. in contraYen-
tion of this section, he shall be dismissed from service, or .hall stiffer such other
punishment as may l>c awarded by a Courtmartial.
61, In the absence of the judge advocate of the fleet or his deputy. and in AJIrOinbnmt
default of :an}' appointment in this behalf b}' the President of the Union or by ~ oIfidatiDl
the comm;u,dinJ,l officer of the Burm:!. Naval Vl'Ilunteer Reserve, the officer who lu4&e
is 10 be Ihe president of Ihe Courtn\;'1rtial shall af'POint a penon to officiatev ad'toWe.
deputy judji(e advoc."Ite at the Iri'll; and Ihe judge advocate of the fled for the
tillle hein~. or his d~pu"Y, or the penon officiatinc as deputy judie advocate, :at
any tri21 Ih:lll adminisler an oath to every \\itness appcarinJ,l at the trial,
0'
'2, As soon as the Court is assembled, the names the olficeu compo!linJi[ Prouedln&'
the Court shall be read over to the person eharJted. who sball be uted if he It &rial.
objech to being Iried by ilny member of the Court j if lhe person cbaried shall
76 Burma Nallal Volunteer Reurw.
ob~ect. to any member, the objection shall be decided by the Cowt; il the
objection shall be allowed, the place of the member objected to sllal! be lilled lip
by the officer next ill seniority who i:; not on the Court-martial, subject to the
rej{ulations hereinbefore contnined.
The person charJ!:ed may then mile any other objection which he dtllircs to
make respecting the constitution of the Court.mnrtial, and the objectiOn shall then
he decided by the Court, which decision shalllJe final, and lhe constitution of the
Court-marlial shall not be aftHwards impeached, and it shall be deemed to have
been in all respects doly constituted.
Q:lthslo be 63. Before the Coort shall proceer! to try the person charged, the judge
adminl$tere4 advocate of the fleet, or his deputy or the person officiating as deputy judie
to members advOC<lte of the Oeet, shall administer to every member of the Court tbe
of Courls- following oath; that is to say,
martial.
II I do swear, that I will duly administer justice according to law, without
partiality, favour, or affection: and I do further swear, that I will not
on any account, a.t any time whatsoever, disclose or discover the vole
or opinion of any particular member of lhis Conrtmartial l unlen
thereunto required in dlle course of law" :
Provilled that an affirma.tion to lhe same effect in such terms as the Plesident
of the Union mar prtscrihe in thi::! beha.1f mal' be substituted for such oath.
Q;llbs to be 64, As soon as the said oath shall be administered to the members of the
adminillered Court.m.lrtial, the prelident shall administer to the jud~e ad"ocale of the fleet, or
to judj;e his deputy, or the person officiating as deputy jndge advocate, the following oath:
a41'ocate,
<1<. "I do swear, that J will not upon any account, at any time whatsoever,
disclose or discover the vote or opinion of any p.lrticnlar member of
the Conrt.martial, t1nless thereunto required in due course of law":
Provided that an affinnation to the 5.1me effect in such terms a5 the Presidcnt
of the Union ma)' prescribe in this behalf may be substituted for such oath.
POl',er to 1'5. The President of the Union may make such leneral orders reglllatin~
Prnidenl to procedure and practice 01 Courts-martial as may from time to time be
make necessary.
i enenl
orders
lor praelice
01 Court..
martial.
Summoninj! 66. Every person, civil, naval and military, or belonging to the air force, who
wUnesl. maY be required to give e\'idence before a Court-martial shall he summoned by
writing under the hand of a Secretary to the Government of the Union of Burma
or by the depoty judge advocate, or the person appointed to officiate as deputy
judge advocate at the trial, and all persons so summoned and allending as wilneSICs
before any Courtmartial shall, during their necessary allendance in-or on luch
Court, and in f!;oinl to and returnin! from the same, be privileged from arrest,
and shall, if nndu!}' arrested, be c1ischar~ed by the Court out of which the writ or
process iSlued by which ~uch witness was arrested, , "" or, if
the Courtmartial thaH think fit, in case any such penon, who is IUbjed to
this Act, bcinl called upon to ~ive evidence at .In,. Court-martial, shall refuse or
nellect to ath:nd to ~h'e his evidence upon oath or affirmation, or shall prevnricate
in his evidence or behave with contempt to the Court, such Court-martial ma)'
punish every such offtnder br imprisonmenl. or, if the offender is a person liable
to be sentenced to detention under thh Act, by detention not lonler than three
I Subalitukd by the Union of burma I.Waptallon 01 Lawt) Order, 1948.
t Omitted llIia.
"
months in case of such refusal, neglect, orprt'r.lrication, IIOf longer than one month
in case of sllCh contempt i and every persall not suh;ect 10 Ihis Act who may be so
summoned to allelld shaH be allowed And paid his reasonable exptnses for such
allendan, under the authority of the President of the Union, or of the president
of the Courtmartial on a foreiRn stalion.
7. E'IU)' persall who, upon anyeumillation on o:\lh or t1poa affirmation
before any Court-martial held in pursuance of lhis Act, 5hall make any slatement
which is fAl5C 2nd which he eilher know" or believes to lie false or does not believe
to be true, shall be deemed to have committed lhe offence of giving falte evidence:
and e"ery such offence, wheresoever committed, shalt be triable and punishable
in the Union of Burma.
6&. Where it shall2pprar UPOI1 the trial by Conrtmartial of any personchaf}[ed When per.
IIOnI Ire
with an offence that such persoll is insane, the Court shall lind sptCially the In_at
fact of his insanity and shall Meter socb person to be kept in strict cuetody in sucb tIK tillle of
J'bee and in soch manner as tlte Court shall deem lit until the dirtttiollI of Ihe elena. 011'
President of the Union thereupon are known, and it shall be lawful for tbe trkt.
President of Ihe Union to give orden lor the &afe clIstody of such penon
(for sudl timer in such place and in such manner as he shalt think fit.
69. Every judge 2dvocale, or deputy judge advocate, or person officbling
deputy judite advocate, slulliransmit with as much expedition aJ may be the
:loS
ori~inal proceedi~s, or a complete and authenticated eoA' thereof, aDd the
original sentence of every Courlm:lttial lattended by him, to the commandina;
ofticer of the Burma NaTal Volunteer Reserve or senior officer; who shall
transmit tbem 10 the ('resident of the Union for the time beinll' 2nd any penon
tried by a Courimartial shall be entilled, 011 demand, to a copy of such
proceedings and sentence (upon plyment for the So"lme at thl: rate of three annas
per folio of seventy.two words), but no such demand shall be allowed after
the space 01 three years from the date of the linal decision of such Coott.
List or Guttie, purportinl to he fUblisbed by authority and
69A. A N:r'f'Y
printed by a c-.o.ernment printer,
I ( I ' shall be evidence
of lhe slalus and rank of the officers therein mentioned and of any appointment
held by such officers until the contrary is proved.
PART V.
PINAL SUVITUDI ' AKO PRISONL
P,"al Sa.buk'
t 7'.
t 72.
73. Whene"er sentence shall be p;lsscd by a Courtmartial on an offender hnprl_.
already under sentence either of detention, imprisonment, or ptnal ""hade. I lMIlt of 01.
pusedopon him under this Act tor a tormtt'offenu. the Court rna,. award sentence leader ~.
01 detention,imprisonment, or penlol5trt'itude' for theoflencc for which he b under ready lInder
trial to commence at the expiration of the detention, imprisonment, or penal prelt.lUI
~~itllde' to which he has been pte\'iol1sl)' senteneed,:IlthOlI~h the agJ:!.repte of
, Slimlitllltdby the Union 01 Burma IAdaptal~ 01 Laws) Onkr.l94a.
......
_tenc;e lor
'Deleted ibid
Sce lootltOte to .. 52 121 ~ p.1O.
'8 IJllhna Haw" Vo/mlller Rt~.
the term, of detention, impri50nmcnt, or ~nalservitllde' may exceerlthe lerm
for which any of those punishments could be otherwise 3warded :
Provided that nolhint: in this seclion shall cause a person lo under~o
imllrisonment or uetenlion lor llOY pl::riod excecdill~ ill the aJ:~reAalc two con-
secutive years, and so much of allY term of inlprisollmcnl or dClt'lllion imposed
on a penoll hy;t scntence in pursuance of thill section as would prolonJ!: the tolal
term of his punishment beyond lhat period shall bedllled to be remitted.
PnsOfU.
Term .nd 7 . (l) Everytenn of pen::d servitude', imprisonwnt, or dctentionin punuaDce
pt:KC 01 of this Act shall be reckrned as commencing on the Ila}' on which the 5rotentt
;mprilOa- was awarded, :md the place of imprisonment or detentwn, whrther the
ment.
imprilOnment or detention was awarded as an ori~ina! or as a commuted
punishmenl, ,hall be such place as may be aPf'Ointed by the Coort or the
commandingonieer a\V;'lfdin~ the punishment, or which may from time to lime be
appointed by the President of the l:nion,and mar I in the c.'\Se of imprisonment, be
one of the nav:tl prisons :tppointetl ullder \lIb Act,'or llaV;l! t!etcnlion IluMitr$, or
allY common ~aol, house of ,orrectioll, or milil:lry pri~on or delentiOIl barrack,
and may in thc C3se 01 delention b}' any naval detention qUMtcrs or a military
detention oorr:l.ck I >;I '.
(ZJ Where, by n:;l.son of a ship bein~ at sea or off :'l place at which there is
no ",roper prison or naval detention (llI:'lrtc:rs, a senltnce (If imprisonment, or
detcntion. :'lS the Co1S( may he. cannot be duly exccllted,lhen sub.it"cl:'ls herein:lfkr
mentioned. an offend!,.-r under senlence of imprisonment or detentic", as the case
m.1Y be, lTlo1y be sent with all reasonable .peed to some place at which there
is a proper prison or na\',\1 detention quarten, or, in the case of anofferder under
sent.:nce of detention, to some pace at ....hich there are n:l.\";I1 detentic n quarlers,
in whi,h the sentence can be duly uet:uled. :llIfi on .nriwl there Ihe oR"ender
shall nndcrgo his sentence, in like m:\nocr a. if the d3te of such :mini were the
day on wltkh the senteOl:e was a\\'3rded, :Illd lhat notwithsbndina,: 1113t in the
meanwhile he has returned to hili dul)' 0('" bcconle tnUtled to his dischara,:e; and
the krill of imprisonment or cleten!i(,n, :LS the Co1S( ",;ly be, shall be reckoned
ou::o.:onlina,:lr, sllbjeo.:t however to the deduo.:tioll of an)' time durinG whkh he has
been kept in contincment in respect of the said sentellce,
(J) Where ill pursu:mcc of this Act :l perSOll i. senleno.:td 10 impl'i~onment or
dttention the ortler of the J'rellitlenl of lhe Union or ollhe ,omm:ln(lill~om(ercof
the llurma Naval Voiliuteer Heserve or of the oOicer orc1erilJR Ihe Court-moltllal by
which such person was senlence(l, or, if he was sentcreed br Ihe comm:mdil"J.!
officer of a ,hip, the order of sllch commandina.: ollieer, Ihall he a suffident W:l.rrant
for the ICndin&: of such person 10 the place of impriMlnment or dettnlion, Ihere
to \I",I~fI:'o his lentence accortlin& to law, and until he reachl'$ sUch place of
imprisonmtnt or detention for detainin~ him in D:I\'a1 c\lslad}', or in the case of a
perMln senten:d 10 imJ)risonmtnt in any civil p';son or pbce of confinement.
7.A. Where;a person h:ls been sentenced to pen,,1 servitude I or imprison-
ment or detention the l'rtlidmt of the Union or omcer who b)' virlue of sub-
sectit>n IJI of section seventy-four of Ibis Ad ha~ po"'er 10 iaue an order of
commilt:t1 (hereinafter in this section refelTCd 10 ;,\s .. the conlllliltill/o: aulhority t')
ma)" ;n Ii~u of iuuin~ such an order, nrder tll:tt the ~elltcllCe be IUspended until
an order of committal is issued, :tnd in such case-
(0) notwithst:mdini ll.n}'lhin~ in this Act, the term of the sentence shall not
he reckoned as eommencillg until 311 order of eonlmillal is issued;
I Stt CO<llnolc. lo ,. S~ (tl .t r.70,
, Dektcd by tile l'nioa of Bunll' CAdapalilHl 01 WIU, ON~rt t~'.
(6) the cue may at any time, and shall at intervals or not more than three
months, be reconsidered by the PI''tIident of Ihe Union orl:Ommitlina
authority, or an officer heldin" luch command as the President of lhe
~nioll rnly by rCJl:ulalion prescribe. and if on <Ill}' such reconsideration
It ~lppears 10 Ihe President of the Union or COllllllitlill1ol :louthonly or
oOlcer that Ihe conduct of the offender since his conviction hu been
such as to justify a remiSl$ion of the sentence the PresitJenl of the
Union or ~mmiltin& authority 01' officer shall remit tbe whole or
any part of it ;
(e) subject to rculations made by the President of th'e Union, the flresiden!
of the Union or committing authority, or an officer holdine such
command as the Prtsidenl of the Union may by regulation pracribc,
may at any time whilst the senl~nce is suspend~d i.sue an order or
commitl:t1 and thereupon the sentellce ~hall cease to be sUlpt:nded :
(d) where a ptl'1On subject 10 this Actl whilst ;a sentence on him is 10
suspendt:cl, is sentenced to penal servitade or imprisonment or delen.
tion for any other offence, then, if he is at any time committed either
uncler the suspended sentence or uuder any such sub.equt:nlllentence,
and whether or not any such IUbielluenl seillence has allObetn
suspended, the commiltingaulhority may direct that the two sentences
shall run either concurrently or consecutivel}', so, however, as 1I0t
to C':I.use a person to ul\der~o imprisonment or detention for a period
exceeding the i\1:/tregate of two cousecutive yurs, and where the
senlence of such other offence is a ~enlence of penal servituue I, then,
whether or not that senter.!;e i~ suspended, any prc\ious senlence of
imprisonment ordelention which hoU been suspended shan beavoidcd.
for the purpose of the offender bein,\/; removed to such prison or naval detention
qunters; and every gaoler or keePer of such last-mentioned prison, gaol, or
house of correction or nav.1 (letention quuters shall, upon being furnished with
a copy of such order of removal, attesled by a Secretary to the Government 01
the Union o( Burma for the lime being, receive into his custody and shall confine
purauan! to stich sentence or order ev('ry such offender.
E~pensCi of
rtmo~~1 or
16, The gaoler or othel person removing any offender in pursuance of ~uch
lubli,teace order shall be allowed for the charge!' of such removal a ~um not exceedin~ twelve
of ptilQllUI. annas a mile, and when any ollender is not confined in a naval prison or naval
detention quarters the gaoler or other person ill whose custody any such offender
may be shall receive such an allow.ance as the President of the Union sh.all from
time to time direct for ~ry day that luch offender is in his custody, to be ;tppJied
towards his subsistence, and such sum shall be paid to the said gaoler or othtr
person under the .authority of the President of the Union upon the application in
writing made to the President of lhe Union b}' the District lolal:istrate within
whose jurisdiction such "aol, prison, or house of correction shall be sitl1ate, with
a copy of the sentence or order under which the offender is confined
77.
Provij;O {or
di!ol:harJ.:c or
18, Whtn~\'er any offender is undergoinf,! imprisonment or detention in
rel1J(l~11 of ru-rsuance of this Act, it shall be lawh.1 (or the President of the Union or, where
priJomu. an offender is undel'J:oin{! imprisonment or detention by order of his commandin,
officer, for stich commandin~ (ffieer or the President of the Union to give an
order in writing directing that the offender be discharged; and it shall also be
lawful for the President of the Union, and any officer commanding any of Govern
ment ships, by order in writing, to dired that any such offender be delivered
over to naval custody for the purpose of being brooght before a Court-martial,
either as a witness, or (or trial or otherwise, and such offender shall accordingly,
on the production of an}' such order, be dilCharRed, or be delivered o\'er to IUch
custody.
Provllo ;u 19. The time during which any offender under sentence of imprisonment or
lo tillle of
ddclIllOlI ill (letention is detained in naval custody shall be reckoned as imprisonment or delen-
n~val CllS- tion under his lentence (Or whate\'er purpose he isso detained i and the govern~,
lod)'. I!aoler, keeper, or luperiutendent who shall deliver over such offender shall agam
~ceive him from naval custody, so that he may undergo the remainder of his
puni~hmenl.
III (a~e
in~an;h
of at. If any per~oll imprisoned or undergoinll detention by virtue of thi~ ~ct
priwlIl:n 10 shall become inS-lnt, and a certificate to that effect shall bt ~h'en by two ph}'&IClans
~ relnoved or surgeons, thl': President of the Union shall. by warr;ant, direct the removal 01
to IOmc such person to such lunatic asylum or other proper receptacle [or in!ane perso~s
lunatic in the Union of Burm! as he may judll:e proper for the unexpired term oi hIS
asylum.
imprisonment or detention: and if any ~ueh person shall in the same manner be
certified again o( sound mind. the President of the Union ma~' issue a warrant
for his being remo\ed to ~uch prison or place of confinement or l in the case of a
person sentenced to detention, such naval detention quarters :IS m:t)' be deemed
txpedient, to undt-rgo the remainder of his punishment and every gaoler or
T'.
..
keeper 01 any prison, gaol, or house of correction sbaU receive him aaordinglY,
81, (1) The President of the Union may set apart any huildinj:ts or ve!~ls,
Pre-ideal
may lef or an)' p:u't thereof, as l1~\'a! prisons or naval dt:tt:ntion quarters, and all)' hUilclll~g~
aparl or \'nsds, or parts of bmldlllg! or \t:ssels, so set ap:trl as naval pri'l)"s or na~
I Omitted by Iho; Ubio:l u{ Bunni tAdaptation of Laws) Order, 19~8,
81
detention quarters, as the a.se may be, sh;.11l be deemed to be naval pcisons or bl.lilclinltl
nanl detention quarters, rtlpecliYeJr. within the meaning of this Act. Illd ,hip.
(2) The ['resident of the Union shall ba\'t the same po\\tr and aothon!)' in u u\,.1
respect to naval prnon. and RaY:l1 detention qU:l.rlen resptctirely as one of Hi. rrbonJ.
Brit;'lnnic Ma~st)"s Principal Sc-ent.,ries of Stale has in I'fl:'llion to milibr)'
prisons and detention barracks respedh-elr under steHOD one hundred :tnd thin,.
three of lhe Army Act, 1881, and Ih3.t .tl'tion 'hall applr u if it "'ere herein re-
eructed wilh the sumUlution of" the P~ident of the Union" for" a Stcrelary
of State ", and of .. nan.I" for II militM)' " and of .. n::anl detention quarters II
for" detention ~ck IO, and rules :llld felulalionl may be made aecordillRly by
the President of the Union.
,. 1 any person shall cOnl'ey or cause to be conve)'ed into a~' mch naval Pcultitt
pri~n or any such na\;tl detention qnarten any :um" toolst or illihumenl., or onaidinJ:
"ny m,uk or other disluise 10 f:u:.ilitate the e-sc:lpe C( ;In)' prisoner or person nea~ or
undergoina: detention Of by an)' tne?ns whateytr shall aid any prisoner or pef'1On ~1!11'1: JIJ
undergoin~ deter.tion to esc:ape or In an attempt to ncape (rom Mach prison or rti_tn
nav;!t detention qlUrters, whether an csape he :Icttl2l1)' made or not, lOCh per!\Oll andun
sh:tll be punished \\ ilh imprilOnment "'hich m:ly he either ri~orous or simple. for hr~ .. fA
any term not excdil'l$t: two ye:tr5, or Maller penal ~'ilndel (or any term not ~;~.':,UODI
exceedina fourleen )'rars ; and if any person shall brinl,: or ;lltempt to hrillJ! into '
such ~ison or n:tval detention quuterSt in contraYention of the rule!l. any
apirituous or fermented liquor. he shall for e\'err snch offence he liable to a
penally not Cltceeding two hnndrcd n1pees and not It"', Ihan olle IlIllidred rupees ;
and i( any person shall brin.: into slIch prison or n:t\'al detrntion quarters or to
or for an)' prisoner or person t1nd~goin. deteulion, without the knowled~e of
the officer havin" charlte or comm.1nd thereof, any money, c1othillJ!., pr'O\'isions.,
tob:l.cco, leltetS, p:t.pen, or other arlicles not ::allowed b)' the rules o( the prison
or Daval detention quarte" to be in the potst:ssion o( a prisoner orprrson under
!Zoin, detention, or shall throw into the said prison or nayal detention qu:lrlers
any such articles, or by d6ire of an)' prisoner or person underltoing cletention,
"'ithout the s",nction o( the s:licl officcr, shall CfII't)' oul of the prison or nanl
detenlion qU:l.rtera an)' of lhe articles aforesaid. he shall for Cl'er)' such offence
he liable to a penalt), not e:u:eedina: fifty rupees i ar,d if an)' pemtn shall interrupt
an)' officer o( such prison or naval detention quarters in the execution of his dulYI
or shall aid or ncite an)' persOn to ;'I,s;\ull, retist t or inlerl1lPt any such officer,
he shall (or every lluch offence be liable to a penalty not ex('eedinJ: fift), rupec~.
or if the offender be a prisoner or person undergoing detention, he shall he
punished with imprisonment, which may be either rigorcus or simple, fOr an,
time not excecdilill. six calendar month., in addition to ~o much 01 the lime for
which hc \\'as oriJ:inally sentenced al may he then unexpired. and c\'ery snch
pen:l.lty shall be applied as the President ot the Union shall direct, an)' law,
statute, ch.'\rter. or custom to the contnry notwithltandinlli,
II, Eyer)' l0...ernor t ~oler, and keeper of any prilOn, g:to! or house CJf I'tnaltr"
correction Or o( any n:l.l':\1 detention quarters, and "ery officer havin~ the charge rtlar~
or command of any place, ship, Or vessel for impriMlnment, who shall, without laolm, ck,
lawful excuse, refule or ne"lect 10 receivt or confine, remcwe. discharJe, or
dt:li\'er ur any nffender ~ajnst the pro\;sions of this Act, or an)' of them, shall
"tnatr (or evuy such refusal or neglect a penalty not Cltceedin one thomastd
rupen, and ..cry luch penalty shall be apptied u the I'resident of the Onion
shall direct. :\n)' law, statute, charter. or custom ,10 the contta'y not'tlithstandin,.
.See footllote to .. 51111 at p. 70i
82
PART VI.
SUPPLEMENTAL' PROVIlIOll'Il.
Short title, a., This Act may be cited for all purposes as the Naval Discipline Act.
1'5, ~ 0
Definition of 86, In the construction of Ihis Act. unless there be something in the cOlllnt
lermt. or Il1bjed matter repllgDant to or inconsistent with such construction.-
" Admiralty" sball mean such authority as ma, be appointed by tbe
President of the Union in this behalf ;
I' Officer" shaUmean an officer belonging to the &rma Navy and sball
also include an officer in the Burma Naval Volunteer Reserve during and in
respe.;t of lhe time when he is subject to tbe provisions of this Act. but s.11
nol extend to petty and noncommissioned officers;
When the words '. superior officer" are used in this Act they shall be held to
inclu<Ie :111 officers. W:lIT:tnt officers, pelt}' )nd non,commissioned officert.
I'tl'!'ollllS ,nb- 1." Every person in or belongin~ to the Bunna Nav\' and every memh
je,t 10 Ihl, of the Burma Naval Volunteer Reserve to the extent specified ill section 4 01 the
Att. Burm:l N:wal Volunteer Reserve (Discipline) Act .hall be subjecno this Act; and
all other persons hereby Or by any olher Act made Ii:lble thereto shall be lriabll:
and punishable under the provisions of this Act.
Land and II. The Bmmaland and air lorus. when embarked on board any Goma
air lorc~ ment ,hip in comminioll, shall be suhjtt:t to the provisions o( this Act 10 such
cmharkrd U .extent and Ullde( such regulations as the President of tllt Union may prescribe.
~uen~f1I.
'90B.-9tC.
91. When any ope of Government ship. shall be wrecked or lost ordeattoye4i ('reWi of
or taken by the ellem)'. such ship shall for the purposes 01 this Act be deemed to .hlpl kilt
remain in commission until her crew shall be reeularly removed into .ome other or dnlr0yt4.
of Government ships of war, or until a Courtmartial shall have been held,
to
p'1t$UQnt the custom of the Nul' in IUch cases: to inquire into tbe caust' 0( the
wreck, loss. destruction. or capture of the uid ship.
'2. When nn specific char&e shall b.e made apin. any o8icer or seaman or All lhe
other pt'rson In the Reef for or in respect or in consequence of such wreck, lOIS, oIiccn and
destruction, or capture. it shall be lawful to try "all the officers and crew, or all the crew of 100t
surviving officers and crew, o( any such ship t~Jtelher. before one and the same Ilhip rna)' be
COllrt. and to call uron all or any o( them when upon th~ir trial to Jtive evidence lried by one
Coo",
I ~ by the UniOD 01 811fml (AbptatkJD 01 La....) Order. 11)4'.
84 Burma NUG' ,Volnlttr RelCrf,
on oath or alfinnation before the Court touching any of lbe matters thep under
inquiry, but no officer or seama.n ?r olher. person shall be oblilled to give any
evidence which may tend to cnmlllate himself,
Trial
IelQrate
b, 93, When deemed necessary br the Pre$ident of the Union or any office:-
authorized toorder C(Mlrls-martial, sep.1rnte Courlsmartial shan be hell,! for lhe
COOll'l. trial of some one or more of ~uch onicen and crew for or in respect or in
consequence of the wreck,los~, de!itruction, or capture of-any such ship.
yO' .... ,<t. For any offence or oRenees committed by any officer or seaman, or
'equenl officers and seameD ilfter the wreck, loiS, d~lruction, or capture of anr such l1lip
oIenre,
a separate Com1-ll\3rtial shall be held for the trial of such offender or offenders~.
""""
Court.
Po,,,, 95 When an)' Government ship Sh..lll be wrecli:ed,I05t, orolherwise destr'O)'ed
crewl of or taken hy tile enemr, if it shall <l;ppear by the sentence of a Court martial Ihat
tltipl lost
or tatro. Ihe crew of .nch ship clid, in the (,:'ISe of a ship wrecked or lost, do Ibeir utmost
to s;I.\'e her or ~ct her offnd in the case of a ship taken by the enemr did their
utmoal to defend thel1\selve,. ;l.nd that lhey han, since the wreck, destruction,
1000~,or clpture of such ship, behaved themseh'e! well, ;lOd been ohedient to their
oAken, then all the par of snch crews, or of s\leh rortions of sl1(h crews as have
behaved Ihemsch'es well and been obedient to their officers., shall be continued
until the time of their beillJ:l discharKed or removed inloother Govtrnmrnt ships,
or d)'inR:.
\\'Mn ~ip 96 If the ship of :o.ny oAker ordered t(l command anr two or more of
of MlliO!" Government ships sh:ill be wrecked,lost or otherwise destroyed, such officer shAll
cilker is
lost he Da)' continne in the command of any ship or ship which at th~ time
of his ship being
...,,,,,
dispm.c of
...
wrecked, losl, or destro)'ed was or were under his command, and it shall be
lawful (or Slleh officer to order the survivin/: officers and crew of the wreck-rd
crew of lost lost. or destroyed ships 10 join any other ship under his command, or to distribute
Ihit'. them amon/: the other ships under his comm<lnd, if more than one, and sl1ch
olfie~'r shan, until he lnrets with some other officer senior to himself, have the
same power and authority in all respects as if his ship had not been wrecked, lost
or destro)'ed.
Rtllrktion '7 It Sh.111 not be lawful for any persOn to arrest an}' pelt}' officer or seaman,
011 afl'tst non-commissioned oAieer of marines or marine, belon,l!.ing 10 an}' Government ship,
ofltamtn, by any warrant, process. or writ to ~ (t ~ 'for any debt, unless the debt was
etc"IM
dtbt. contracted at a time wheu the debtor did not belong to Government serrice, nor
unless before the issuing of the warrant. process or writ, the plaintiff in the suit
or some person on his behalf has made an :Ulicb\'it in the Court out of which it
is bsued that the debt justly due to the plainliff (over and above all
coats) was
contracted at a time when the debtor did not belong 10 GoYernment serrice,
nor IInless a memorandum of such aftid...";t is marked on the back of the warrant,
prOCtS!l, or writ.
'8A. <tJ A person subject- to this Act shall be liable to conlribute to the Liabillty
maintenance of liis wife and of his childre" legitimate or iIIegitim;Il(', to tile $4lme 0{ Ie:untn,
ctc., lor
e:dent as if'he were'Dot so subject; but execution in .reSpect of luch liabilit} maJnlella!lcc
or of any decree or order in respect of such maintenance shall not issue at.:ainst or whn aDd
his pefson, po"y, arms,'ammunition, equipments, Instruments, or clothing, ..hiJdrcn.
(ZJ Wh....-
c.).,it appe:m to the satisfaction of the President of the Union or iJny
perlon deputed by hiin (or the purpose that a person subject to Ihis Act
has d~erted or left in destitute circumstances, without reasonable
cause, his wife or any of his leJ,(itinute children under fourtetll years
of age i or
(b) any decree or order i, made under aay law for p-1yment by a man who
is or subsequently becomes IObjectlo thili Act either of the cost of
the maintenance of his wife or child, or of the cost of any relief Jth'en
to his wife or child bY' way of loan, and a copy of such decree or
order is sent to tbe President of tbe Union or any peoon deputed by
him for the purpose ;
the President of the Union or the pet'1On so deputed may direct 10 be deducted
from the pay of tbe person so subject to this Act, and 10 be appropriated towards
the maintenance of his wife or children, or in liquidation of the sum adjud..:ed to
be paid by such decree or order, as the case mil' be, in such manner a~ the
President of the Union or the person so deputed m:ly think lit, a portion of such
pay, at his discretion, but the "mount deducted 'hall not nceed the amount fixed
by the decree or order (if any), and shall not be a higher rate than the rates
tixed by rules made in this behalf by the President of the Union:
Provided Ihat no such deductions fronl pay in liquidation of a 'urn adjudJ:ed
to be paid by a decree or order as aforesaid 'h,,11 he ordered.unless Ihe Presi(lent
of the Union, or the per:.on deputed by him, is satisfied that the peraon against
whom the decree or order was made has h"d a reasonable opportunity of appear-
in~ himself, or has appeared by a duly authorized legal representative, to defend
the case before the Court by which the decree or order was made, and a
ccrti6.cate. purporting to be a certificate of the commanding officer of the ship
on which he \\'a$ or is semng, or on the books ofwhicb he was or is borne, that
tbe peNOn has been pt"C"'euled by the requirements of tbe !"tn'ice from attend.
ina at a he"lina of :lny ll..cb case shall be c\'idenoe of the fact unless the contrary
i, proved.
Where any arrun have accumulated in respect of sums adjudced to be'~id
by any sucb decree or order as aforesaid whil.t the person againit whom the
decree or order was made was servine under this Act, whether or not deduction.
in respect: tllereof haft: been made (rom his pay under Ihis section, tbtn arter he
ha., ceased S(\ tn serve an order of committal shall not be made in res~ct of
tMsc arreus unless the Court i, satis&ed thll he is able, or has. sinct he has oe.utd
so to serve, been :lble to p;ty the arrears or "n, p;trt thereof and haa" failed to
do 50.
86 SIU'IM N".", v. l.1m. RGIr'H.
~l Where a proceeding under ~ny law is institoted alV'inat a person Rubikt
to,thll' A.ct for th~ purpose of enforll.lng <l}.l:ilinst him any $Uch liability af abo\'~ in
th~s sechon ~entlo~d, t~e process may be served on the commanc1in~ ofticer of Ihe
shIp on wblch he IS servtn~, or on the books of which such perso'n is borne, or
where, by reason of the ship being at sea or otherwise, it is impractklable to senre
the process on such commanding officer, the proceas may, alter 110t less tban
three \'1ceks' notice to the Presidenl of the Union, be served by being Itnt 10 i
Seeretary 10 the Government of tbe Union of Burma for transmission to SllCh com-
mantlin)t officer, but such service shaJlllot ~ valid unless thert. is Jefl therewith in
the hands of such omm..mding officer or J>r!$ident of Ihe Union such sum of money,
if any (to be adjudged as costs i.ncorred in obtaining the deate or .order. if made
acainst tbe person on whom the proasa is issued>, as may be fuced by Ute
President of the Union as being neoestary 10 enable him to attend the hUrin. of
the ClSe alld to return to his ship Of quarters. and ~lJCb IUnl may be cKpe:nded by
the commandin)t officer for that purpose. and no process whalever under any law
in any proceedi~ in this section mentioned sh.tll be valid againtt a per50n
Itlbject to this Act if served after such penon is under orders for se~c;e on a
{oreij,ln station. .
The production of a certincate of the receipt of the process purportinR to be
si)tned by ~uch commanding officer aa aforesolid shall be evidcnce that the process
bas been duly served unless the contrary is proved.
Where. by a decree or order sent to the President 01 the Union or officer in
accordance with IUb-section (Z' of this seclion, the person a~ainst whom tbe
decree ororder is made is adjudged to pay as costs incurred in obtaining the decree
or order any sum so left with the process as alores.1.id. the President of the Union
may QUit .... sl1m (Qual to the sum 10 left to be paid in liquidation of the sum so
adiud~ed to be paid as costs. and tbe amount so paid by Ihe President of
the Union shall be a poblicdebl from the person against whom tbe decree ororder
was Dl;lde, and. without prejudice to any otber method of recovery, may be
recovertd by deductions from bis PI}', in addition to thOle mentioned in
sub-section (Z) o( tbis section.
(4) This section shall not apply to person. subject to this Act where such
peno"" are officers.
(5) In this section tbe e~pression "pay" includes all sums payable to a man
in respect of his service. other than allow;mces ill lieu of loclJ.:inll:s. rations. pre-
visions atld c1olhina.
PART VII,
SA'f11tG CUUSE.
-... . . .
tP,
.
1.. Nothing in tbis Act contained sball be deemed or t,Un 10 supersede or
Ad not ttl affect the authority or power of any Court or tribunal of ordinary civil or crimin*1
.....H . .
,.lIml)' of
jurisdiction, or any officer thereof, t c t ) . , in respect of any oftenee mep-
or'iDary tioned in tllis Act which may be punishable or cognizabl~ by tbe com~on t?'".
Coo", staltlte law, or to preYenl any person being PN!Cefldcc1 a~~lII~t and pl1n"hed In
respect of au)" such oCrell.:e otherwise than under this Act.
87
1lIE NAVAL ARMAMENT ACI.
[INDIA Acr VII, 1923.1 ClOth November, 1923.)
I.
2. In this Act, unless there il,anrlhina.nlpugnanl in the whjee! or context,- DeliniUoui.
(.) " competent Court II mUlls the Hieh Court or such other Court
h:t'Vin~ unlimited oriJ,!inal civil jurisdiction a.s the President of the
Union MaJ" "declare to be a competent Court for the purpose. of
tbts Act;
(6-) ~.dli~ tI means any boal. vessel. battery or cra.lt, \.ttelher whoUy or
~rtlf constructed, which is intended to ROIl or is cap:lble of
ftootintt on watu, and includes all equipm~nl belonaioJo: to IIny ship;
and
(,) .' the Treaty" meaDs the Treaty for the Umitation of Nat'"~1
Armament and for the Exchange of Informltion concernmg Nanl
Construction signed in London on bchall of His BJitanAic Majesl)'
on the twentyfifth dllY"of March, 1936,
3. No person shall, except under and in aetOrdaoce witb tbe condition. of Halrictlon
Of! blliklinll:
a licence itta'lntecl ugd.:r tbis Act,-
ote<.tr.ipplllll:
(a) build any vessel of Waf, rI alkt, arm or equip any Hip 50 :uto ,eaels of
~,.
adapt her for usc al a vessel of war i or
(ij de~patc;b or deliver, ~r ano\\" to be despatched or delwerr:d.
from. afloy place in the Union oE Burma an)" ship which has betn,
either \\'holl)' or p;l.rtly, built. :altered. armed or equipped as a vessel
of war in any part 'of Hi, Britmnic lt1aj~Y'8 Dominions or in a
Slate in India. or Pakistan olherwbe than uneler and in accortbnce
with any law for tM,lime beinlt in force in Ihat part orSlale.
Licencet
... (IJ /{ Iicenctunder this Act for .,. of the ""rposes specified in section 3
may be' lfan'ed by lite President of lhe' Unioo. and shall not be refused ulllen
it appears to the President of the Cuion lat SItCh relusaJ is Dete56&ry for tile
P\ttPOse of securing tbe obsctv.nluw-tbe- obliptiolls impostd by the Tm.ly:
and. wbert. Jicenceircranted sultject to conditions. the conditions ,hall be aueb
only u the" President of the Union may think necessary for the purpose
aforesaid.
fll An :l.pplication for a licence under this section shall be in $l.lCh form and
sb~1I be accompanied by stich designs ~nd particulars as the President of the
Uttion may, by general or sPKial order, require.
S. (I) If any person contravenes any of the provisions of section 3, he ~hall
be puni~h;lble with imprisonment for a lerm whicb mil)' extend to two years, or
,,ith line whk'"h may edend 10 oue thot~'nd rurtts, or with both.
(1) Wh~":lll offence punishable under sub-srction (I) has heeD commiU_d
b)' :t COmpan)' or corpor.\1ion, ewt)' director a.nd manager of sllch com"pany or
COrporation shall be: punishable thereunder unless he pro'fts Ibat the ad
\X)nstitutiDg the 08"eQce took place witbout bi~ knowlwQ:e and COCIlebt.
bl Na",,; "'IIIal/l,;,I.
(3) Nothing conl3ined in section 517 or section 518 or section 520 of the
Code of Criminal Procedure shall be deemed to authorize the desltuction Of
connSC.l.titln under the order of any criminal Court of :lOy ship which is liable to
forfeiture uoder this Ad or of any part of such ship.
U ...bihtv 01 6. Any ship which has been, either wholly or putly. built. allered, armed,
5hiJ'ilIO or equipped as:t velselof wat in tbe Union of Burma in contravention ol seclion 3,
'orlcilllte. or in all}' part of His Brilannic Majesly's Dominions or in India or Pakistan m
ccnlr.1vention of an}' like provision o(law inforce in that part or India or Pakistan,
sball. if found in tbe Union of Bunna, be liable to forfeiture under this Ad.
SriWTC, ,. (I) Where a ship is liable I.> forfeiture under Ihis Act,-
dttcntion
lind <nn;h (a) any Ma:istrate of tbe first class, or
0I.1~ (b) any commissioned officer on foil pay in the military, naVid Of air
sen'ice 0{ the Go\'emmtnt, or
(,) any officer of customs or police~fficer not below such rank 3$ may be
designated in this behalf by tbe President of lhe Union,
may Rize such ship and ddain it, and, if the Sllip is found at sea within the
territoriOiI waters of Ibe Union oi Burma, may brinG it to any convenient port in
the Union of Bnrmil-
(1) Any officer,takillJ,f :In}' aclion under subsection (1) lilaU forthwith report
the same through his official superiors to Ihe President of the Union.
(oi) The President of the Union shall, within thirly days of the seaure,
eith~r cause the ship to be released or nlake or cause to be made, in the mannet'
hereinafter provided, an applicltion for the forfeiture thereof, and mOl}' nlake such
orden for the temporary dispooal of the ship as he thinks suitable.
Procedure B. (1) An applic1tion for the forfeiture of a ship under this Act may-be
in lorc:ilurc mad'e by or under authority from the President of the Union to any competent
ol ~hipt"
Courl within the local limits of whose jurisdiction Ihe ship is for the time being.
(1) On receipt of :lily such applicallion, the Court shall cause notkdhereol
and of the date tilled lor the hearin~ of the :Ipplication to be served upon 0111
per SOilS appearins,:: to it to 1I:11'e an interest In the ship, and may give such
(liredions for the temporary dispoul of the ship as it thinks fit.
(3) For the purpose of disposing of an application under this section, the
Court sh:lll have lhe same powers and folio\\', as ntarl)' OIS may be, the same pro-
ce(lun: as it respectivdy has and follows for the purpose of the trial of suits under
the Code of Ci\'il Procedure and ;lOy ordt'r made by Ihe Court under this scelion
.h:lll be deemed to be a decree, and the provisions of the said Code ill regard to
lhe uecution of decreetl shall, as far as they are applicable, apply accordingly,
14) Where the Court is satisAed that the ship is liable to forfeiture under
this Ad, it shall pass an order forfeiting the ship to the Government:
Provid~d thlt, where any person IlllVill~ an inlerest in the ship pl"'O'l't$ t,o
the satisfaction of the Court thai he has not abetted, or cOllni"ed at, or by hIS
ne~ligence faeilitaled in any W;I)', ;l contr;lvention of section 3 in respect of the
ship, and such 'Ship has not been built as a \"esse! of war, it may pass such other
ordtr as it thinks til in respect of Ibe ship or, if it be sold. 01 the sale proceeds
thereof:
Provided {nrther that in no case shall any ship \\hich has been allered,
armed or equipped as a \'esse! of war be released unlil it hlS been restor'ed, to tbe
t.",tisfaclion of the President of tbe Union, to sucb condilion as not to rCDde r
it li3ble to forfeiture nnder Ibis Act,
(S~ The Presiden~ of ihe Union o.r any person aJ!Rrie'f'edby any order of a
Court, other than the H1gh Court, under tbis section may, within three months of
the dale of such order, appeal to the Hitl:h Court,
9. Where a ship bas been forfeited to the Government under section 8 it D"I.OI lof
ma, be disposed of in such manuer al the President of the Union directs: ' lor ett.
Provided \bat. where: the ship is sold under this section. due re~artl'1I11all'
I>e had to,tbe obligations imposed by tbe Treaty.
II. If in any 'trial, appeal or other proceeding: 'Jnder the fOl'!lZOintl: provi- 8Jleclal
sions of this Act, any question arises as to whether a ship is a vel~1 of war or
whether any alteration. arming 01' e{luippin~ of a ship is such as 10 adapt rclcvOlnt
.""'of
facti.
it for use as a vessel of war, the question shalll>e referred to and determined by
the President of the Union, whose decision-silall be lilla! and shall not be questioned
in any Court.
II. (I) Where a ship which has been seized or delaine(I under section 7 or Penal!,"
section 8 and has not been released by competent authority under this Act lor rroceed.
proceeds to sea, the masler of the ship shall be punishable with, line 1111 to Ie.
Olfler scilure.
wt;ich may extend to one thousand' rupees, and the owner and an}' person who
sends the ship to sea shall be likewise so punishable unless such owner or person
proves that the offence was committed without his knowledge a\1(\ consent.
(Z) Where an}' ship so proceeding to sea takes to sea, when on board
tbereof in the execution of his duty, any officer empowct'cd by this Act to seize
:lIld detain the shipa the owner and master shall further each be liable, 011 the
order of the Court trying an offence pl:nishable under sub-section (1). to pay all the
expenses of and incidental to such officer beinR: taken to sea, and shall further be
punishable with line which may extend 10 one hundred rupess for every day until
such ofth.:er returns or unlil such time as would enable him after lea.,ing Ibe ship
to return to the port from which he was taken.
(3) AllY expenses ordered to be paid uDcler sub-section (Z) may be
recovered in the manner provided in the Code of Criminal. Procedure for the
recovery of a fine.
12. (J) Any' person empowered by this Ad to seize and detain any ship P1lwcrlo
may, alpn}' reasonotble time by day or night, entet any dockrard. shipyard or other enter dock-
place alld make illquiries respecting any ship which he has rcasoll to believe il prell, ltc.
liable to forfeiture under this Act,and may search such Sllip with a view 10 ascertain-
in~. whether the provisions of this Act have been or are beinlil: duly obserred in
respe.cUhereof, and every person in charge of or employed in suc.h place shall 011
reqoest be bound to t1:ive the person so empowered all rusonable facilities for
such entry lUld search and for makinR: such inquiries.
(t) The provisions of sections 101. 102 and 103 of the Code of Criminal
Procedure shall apply in tbe case of all searches made under this section.
fJ.No Court inferior to t11~t of a Magistrate of the first class shall Co'brls by
proceed to the Irfat of any offence plillishable under this Acl, and no Court shall ...hldt .nd
pro-.:eed to Ihe trial of any !illch offence except on complaint mOide by; or under ((tnt4ilionl
lubject to
authority frOIn, the President of the Union. ...hleh 01-
'mtnm.,
be tried.
U. No pro.>Cculion; suit Or other legal proceedinll shalt lie ag.'linst any IDd.IDIliIy.
penOll for anything in gO:Jd faith dope or ibtended to be done IIDdtr tbis ~t.
90
2. Tile President of tile" Union may "We rules I for, the AOfttDtfteO,".
diKiptine :md rqnlatio. of the' Burma Volunteer Air Foree.
, ..
"'" S.
eo 51.
J. every member" of' the' Burma Volunteer Air Force ,,hile ullrte~oini
training in Jl'&ftua ce of fRieS made under lOCCtion 2. or when ca~ into. actual
servi..::e in pul'SU<uK'eof Ihe:said rules, shall be subject 10 the Air Jo'oree 'l\el, with
such modifications as arc: set out in the Scbetluk. and sh.wl continue (0 he so
SlIbject until <lui)' ~Ieastd from such trainin. or It:rYKt, al the case rna)' be.
... (l) If an)" member of the Burnu. Volunteer Air Force, wile.. required, in
purWlnce ('f rlll~ made Dllder fcction 2 to join " unit or attend ;lt ;lny plate-for
lhe purpose of IlndergoillJ,l trainin!!. failt' without reasonable eJ:cUIe to join or
attend ill acoordluce with SOC'h nquil'emcnt be ....aU be paDisbable witb fafe
which m:\)' extend to two hundrtd rwpees.
(1) If ilny membrr 01 the. &rma,Yohultcer- Air FOiutwhen.caUedioM
adual, SCt';';t: and requir~ by sud! call 10 join an}' unit or a\tend at .any' p12&e;
..
tail~ witbout rebOflable eJ:Cu$t: to compl)-, with Iud'l. ret.juircmall .-t. or within
sm:11 time aI;. the Pr~idellt o( tbe Union; mayl b)':ordet, diced, he shaJl be liable
,
Qt\)" 5.
to be apprehended and puniibed in al;cordance witb. th.,prov~OD$.of the.Air
Force Act relatirlJ.( 10 the apprehension aRd punishment of a persOll (lesertin~ \]f
improPt:rly a~llli\l~ himself from duly, subject to such mooifiCllti()fls as...," set
1:. 51.
01.11 in the Scht:dnle. t'xccp,t th:lt the' puniihlllent wallllot t'lu:eed ill1nri~)lment
whkh mOl)' elltend to two )cllr~.
.: So Court inferior to that of 'Ii llaKKlrate-of the firot cLVs shall iry an
oII'ence pumshable'under sulHection (I) of std.ion 4.
'6.\." ~
I FtW"",Iet sadt: I'Olkr Ofdinan VIII 01 t94Cl, nn.' rtm," by Ibis Act we nHr." c;.;rltt,
I940.PaTtI,pr. 1l12a1ld 1217 '
S. ftA .....8$ ~ by Act XXII. 1046; but both .. 6.\ IItd So 7 WQC deItWd by lite
lJ.i. of.hrm:r. (AcIapUlklaof Law., Order, tN. .
11.hM fohn/fur An- ' ..,e (Dirdtii.). 91
THE SCHEDULE.
M'OUl1ICATIONS IS' TNB AI~ FORCE ACT A' IUD1. APftICABl.l'TO TKS BuRIti
VOLU... .,.UR AI. FONCE.
Se~lioll 6 (3) (,) is omiUtd.
TIle followinl::: is subsliluLed for section 13 (z) la) ;-
' j When beloni:hlR to the Bmma Volunteer Air Force \\ithout ha"inll
commanding officer to aoy officer under his command in accordance \dth such
provisions as may be pr~ribed :
Provided th.,t such offi~r shall not have power to inflict an)' I'tl1lishment
other than a minor puaishment. or such Jim's (or drunkenness :is may be
prescribed."
Section 47 is omitted.
The following is substituted for section 48 :-
.. Th~ followinll niles are enacted with rC!lpcct to Courts-martial : -
(i I A Court-nMI-li..1 shall be convellcd by the President of the Union,
(iii A Court-l11adial shall consist of not less than five liar lIlorc than
nine officers who Sh311 be selected by the President o( the Union
(rom omcers of the Army in the Union o( Burma 110t below the
rank of Capt;dn ami (rom officers o( the re~ular Air Force and of
the Burma Volunteer Air Force not below the rank of "'light
Lieu(eu;ml.
(iii) Sentence of death shodl nOl be passed on any perSOIl without the
concurrence of twe-thirds at leastof the oftictr~ serving on the
l:ourtm~rti.,l by which he is tried.
(ivl The president of a Courl-m;lrtial shAll be appointed by lhe
President of the Ullion, but he shall not he under the r:lllk of
Squ:uJron-Leader if he is an officer of the regular Air Force or of
the Burma Volunteer Air Force and he sh..11 not he under the
rauk of Major if he is an uNicer of the Ann)' in the Union
of Burma.
'v, .\ Court martial shllll>e held;at such place;ls the President of the
Union may dirett."
Section 49 is omilted.
&CtiOll 5011) and seCtiOIl 5012) are ami tied.
In section 50 (J) the followin~ words Rre omitted:-
., s.,ve ill the ca~ of a field ~eneral Court-martiaL"
The followin~ is suhstituled for section 54 : -
. (lJ Subject to the provisions of this section with respect to the finding
of acquittal. the finding am: sentence of a Court-martial shall not be valid except
in 50 far as the same may be con6rmed by the President (of the Union.
(2) nle President of the Union may sen~ \>;;Ick :\ hlldillC and sentence
5ubnlilted to him for oouti.rmation, or either of them. for rC"bion once. but not
morc than onee 3ntl it shall lIot !Je lawful for the Court on 3ny revisiontc
ret:ei"e any addition:ll evicleucc; ilnd where the lilletill~ anI)' is' ~ent back fO;l'.
revision. the Court shall have power without anv <lir~tioll to revise the ::.ell!cnCt:
also. In no case shall the President of the Uni-c.n recommend the incrt'ase of a
sentence. nor shall the Courtmarthl on revisal of the sentence, either
in oht'diellCf': to therecon\lllcnd:'Itinn o( the President of the Union, or for any other
reason, have the po\\"er tl) inc!'':i\!!e the sentence awarded.
(31 The tindill).! o( acqniltal, whether on :III or some o( the off ences with'
which the aec:used is char~ed, shall not require conti.r~(jol1 or be su"jed to be
93
revi:ied 1 and sball be pron\unced at once in open Court l aDd. if it relates to the
whole of the offences. the accused shall be relea~~."
The following is substituled for sec.tioD 56 (6) :-
If Where an aCCbsed it,charged belore a Court.martial with a cl.U offence
and the char~e is one upon '\\'llich, if he had been tried bY:l civU Court in Ihe
Union of Burma for SlIch an offence committed in the Union of Burma, he miJ(hc
h:1\'C been found J!:uilty of any other offence, the COllrt-marlinl shall ha\'c power
to lind him J::uilt) of that oil'ence."
The followinR is substituted for section 57 : -
."(lJ The President of the Union may, when confirming the sentence of
any Courtmarthl, mitigate or remit punishment thereby awarded, or commute
such punishment to which the offender might have been sentenced by the said
Court-martial, or if such punishment is death aw~rded for lhe offence of murder
then for penal servitude' or such 1'55 punishment as is in this Act mentioned 0;
if such punirohment is c.uhierinJt awarded (or an offence under section 16 o( this
Act, then (or tlismiss:ll from service or such Ins punishment as is in thi. Act
menlioned. The President of the Union may also suspend for soch time as
setmll cxpeditnt the execution of a !lenIence,
(II The President of the Union mly if he thinb fit mitigate, remit or
commute the punishment of a persOll subject to such punishment.
(.J) The provisions of this Act, with relipect to an original wntence of
penal servitude', imprisonment, or detention shall apply 10 a sentence of penal
servitude', imprisonment or deteulion imposed b)' \\'a,. of commutation,"
The (ollowin.: is substituted for section 57A W:-
.. \\'here an airman i! sentenced to penal servitnde I, impri!Onment or
detention, the President of the Union may, when confirming the senler,ce, dirrct
tillt the airman be not committed to prison or delention barracks until the
orders of the commandinQ; officer have been obtained,"
The following is substituted for section 57A (1):-
"The commanding officer may in the cast of the airman so sentenced;-
(II) direct that a committal to prison or detention b.'1rtacks .hall not be
i~sued until his orders have been obtained: and
(6) su!pend the sentence whether or not the airman has already been
committed to pri!on or detention barracks,"
The following is substituted for section S7A (5):-
II Where a sentence has bten suspended under this section, the case
may at allY time, and shall, at intervals of not more than three months, be recon-
sidered by the commandinJl: oOker, and, if on an,. such reconsideration it appe-ars
to the commanding officer that the conduct of the airman sinee his conviction
has been lucb as to jU:lotify a remission of the sentence. be sllall remit it:'
In section S7A (6) and in section 57A (7) the words "the commanding officer It
arc substituled for the wordS II :l superior air-force authority",
Section S7A (II and section S7A (9) are omitted.
The following is substituted for section 58 ; -
"(1) Where a sentence of penal servitude I or of imprisonment is passed b)'
a Conrt-martial. the airforce convict or air-force prisoner, a. the CaK may be,
ihall ullderao the term of his sentence in a civil prison where he shall be dealt
with in the same manner as an ordinary civil prisoner ander sentence of penal
servitude' or of imprisonment, as the case may be.
(1) Where a sentence of detentioD i. paaed by a Court-martial or by the
commandinJit officer the person on whom that Ientence ~a. been paued .haJJ
'The Union or Burma (A4aptaUOl'I of L3W') Ofde", 1948, di"ectI tbat 1a this Act aU
rcfneocn 10 I_al ...."itwk:ll 3 puni.hl!JCftt ~a11 '" ""*ned 10 have DO effect.
9t
under"o the lerm '!;If his detention either in a detention barrack, or in air-force
c'Q~lody. or partly in 'olle way and partly in the other, but nO: in llrillon."
'fhe folluwing is substituted for section S9:-
II The order of the Prf'sident of the Union or of the commanding offierr
Section 14 is omitted.
In section 75 II) the words ,. President of the Union,l art
substituted lor
the words II authority confirming the 6ndinK and sentence of snch Collrt-martial
ortheAirCeuncil". :
In !lection 75 (Z) the words" President of the Union" are substituted for
the words ".contilming aDthority or the Air Council ". .
In k4.:tioll 1S (3' tile words" President of the Union II are stlbstitnted for
the words h confirmine: authority or tbe Air .Council It and for the words
)f :tathority or the Air Couacil "~
Part II is omitted. .
Part III i. omitted.
Section 122 is omilted.
Section J23 is omitted.
The followinR is substituled for section 1204:-
If Any person tried by ~ Court-martial shall be entitled, on demand, _t any
lime within seven ye:J.n alter the confirm3tion of the finding and senlence of the
Court or afler his acquittal, to obt~in from the officer or penon having custody
of the proceedi.ol!'l of such COllrt a copy thereof, includiilg the. proceedings with
re.jJeCt to the revision and confirmation thereof, upon payment for the same at
--the pre~cribed rate, and for tlJ~.Ptlrposnofthi!'l section the proceeding.oC Court
martial shall be pre8er,YC'd in ~ prncribed manner:
PrO\ided tlat, wJten an)' person tried by Court-martiOiI dies within the above-
. T;DCn~oed.period of seven ~'ellrs, his next-ofkin shall. witbiu a period of 12 months
.after hifil (Ic;athi lIave the same right to obtain a copy of the proceedinAs. II
Section 127 is omitted.
In section 128 the words .6 the Union of Burma" are st:Ibstilul~d lor th~
word" Engl:lnd ",
In section 129 (I) the words" the Hieh Court .. are substituted for the words
" His Xajesty's High Court of Justice in Rnlland ".
The la~t sentence of section 129 is omitted.
In section IJO (1), (tJ and (3) the wordl the President of the Union 10 are
snbstituted for the words I' Hi. Maiesty n wherl,.'Ver they occur.
In seclion 131 the word. 'I Chief Jailor" are substituted for the word1 Gover
nOr" where\'er it occurs i the words U the President of the Union" are substituted
fortbe words II a Sccrcta.ry of State" and the words" the Union of Burma" lire
substituted for the words the United Kingdom ".
The foUowin, is substituted for seelloR 132 :-
II (I) It shall be lawful for the President of tbe Union to let apart any
bnilding or part of a building under his control as a detention barrack.
(2) It shall be lawful for the President of the Ullian from time to time to
make. alter, and repeal rules-
C.l for the goYernmcnt, managementalld r~lliation of defention batracb,
(b) foc the appointment and removal and powers of inspecton, visdofSi
.governors and oAken thel'eof i and
(,,) fbr the safe custody of airmen nndergoioJ detention and the mainten~
: llQCe oj discipline amonR: them, and the puni9hment hy penon,1 ccr.
redia.. , nstrainl or otherwise of offence. committed hy sucb airmen:
PrOYidcd that such rules .1.aU not authorize corpcnl punithmt:nt to he
in8icled for any offt.-noe, nor render the ddention more lCftI'e IhaD
it il undc:r Ole: law in force: for the time bcinl ill any ciYil pri~ ...
96 Burma Vohmtur Ai,. Force fDiscip7itl().
Section IJi is omitted.
In section 134 W the words lC aiNorce prison or" arc omitted, and the
words" India or .. art: omitted.
In section 134 (2) the word," India or." are omitted.
Section 135 is omitted.
The following is suhstituted for section 136 : -
.. (1) n,e pay of an officer or airmail of the Bum:a Volunteer Air Force shall
he paid without an}' deduction other than the deductions authorized by this Act
or by
.
aur law 01" the time bdna: in force ill the Union of Burma.
(2 Notwithstanding anythinR in any taw in force as afofisaidin the Union
of Burma no part of the loay of an oRicH or airman of the Bumla Volunteer Air
Force $hall be attached by direction of a Court in satisfaction of any decree or
order enforceable aiainst him:
Provided that DoUlina in tbis suh-section affects allY attacbment on'er made
hy a Court in the Union of Bumla in respect C'f any Iiahility incurred before the
l."nd of the )'ear nineln Illmdrcd and thirty eight."
In section 137 the: wonls 'I Burma V~lllnteC'r Air Force: " are substituted for
the WOI-dS " rt'~ular air forl.."e".
In section 137 ("1) the words II President oi the Union" are substituted for the
WOI"(!S" Air Council",
The lollowing is suhstih;teci for section 137 (4) -
II The sum l"t~quil'e(1 to make good any l"ls~,damatite,or destruction of puhlic
or !>C:rvice proprrty. or property helon~in& to the Navy. Army and Air ~'orce
Institute!' whicll l after due inVC'stiption. appc;.an to the P,,'esident oi the Union to
have ht"en occasioned by any wron~ful act or neglig...Olcc on the ~art Of the officer ",
In section 138 the words II Bunna Voluntc~r Ail' Force" are substituted for
the words II regular air force ".
In section 138 (1) the words U or field punishmenl" are omitted.
In section 138 (3) the word:! '. hy the commandinR officel'deaHntit summarily
with a charge" al'e substituted lor the words " hy the authority dealin~ summarily
with a charg~ under section fort),se\'en 01 this Act ",
In section 138 (4.4) the words1'to be held in the prescrihed manner" a~
suhstituted fQr the words 01 to he held in th~ manner provided in the Kinit'!
RetitUlatiolls ".
Section 138 (5) is omitted,
In S(...d ion 138 (6) tbe words II not exec-edin&" soch amoullt a day for twent"
eiglt\ days as may be preSl."ribed .. are substituted (or the words II not t:l.ccedina;
one penn)' a day for lwent)"eiQ:ht clays",
In section 138 (I) the word," President of the Uni"n " are substituted for the
words .. A.ir Council to and tbe words qor auy officer lteputed hy them for the pur-
pose II are omitted.
'In pl'rn..iso ((I) to section 138 the words II le5s than such amonnt a day as IT'ay
be prescribed" are suhstituted for the wOI'd,1l less thau one penny a day ",
The fol1owiol is suhstitut('d f:'r section 139 : -
II Any deduction c;f pay .ulhoriz~l1 by tbit Act may. he remitted in such
manner' and by sucli authority as rna,. be from time to time pJ'escribed. to
In ~on 140 (l) tbe words II as may be from time to time presaibed " arc
.-bstihtted for the words II as may be from time to't,me din~cted hyany felu1ation
9f order gf ttwe Air Council ".
Burma Vol."Jleer Air Foret (Diseiplirse). 97
Th~ followhl~ is sl~stituted for t}le first sentence in section 140 (2) :_
1 The President of tht: Union may also from time to time prescribed what
shall be deemed, fOl' the purposes of the provisions of this Act relating to deduct.
ions from pay, to constitute a day of absence or a day of impl'isonment or uet~n.
tion."
The following is 5ubstituted fOr section 140 (3) : -
" In cases of doubt a<; to the proper issue of payor the proper deduction
frem J:ay due to any officer or ah'lnan, the pay may be withheld until the
President's order respecting it has heen signified, which order shall be finaL"
III section 141 the words II such provisions asmay be prescribed" aresubslitu'
ted for the words" a Royal WarI'ant ", .
Section 142 is omitted.
In section 143 (ll the words II Bunna Volunteer Air Force" are substituted
for the words " re~ular air force '.', tile word Illegally" is inSl.-rted hetwten the
woros II otherwise" and If demandable ". The words" by virtue ot an)' Act of
Parliament already passed or hereafkr to be passed, or by virtue of any Ad. Oreti
nance,orde-r, or directiOn of any l~gislatllre o~ other authority in tuuia, Bunna or a
colony" are omitted.
Section 143 (Z) is omitted.
In s~ction 143 (3) the word~ " fifty rupees" are substituted for the words
.1 five pounds" and the words" five mpecs " are substituted for the words " ten
shillings 't
In section 144 (1) the words" Burma Volunteer Air Force" are substituted
for the words U tegnlar air force It.
In section 144 (1) (bJ the words" fonr hundred rupees" are substituted for
the words" thilty pounds".
The following is substituted for se<:tion 144 (Z):-
" For the pUI'poses of this section a crime shall mean an offence ptlni.!!hable
according to any law in force in the Union of Burma with fine or imprisonment
or both and shall not include the offence of a person absenting himself from his
tervice, or neJtlecting to fulfil his contract, or otherwise misconducting himself
respectini( his contract." .
Section 144 (3' is omittr.d.
In pro..iso 'I) to sectiOn 141 (5) the words" Burma Volunteer Air Force"
are substituted for the words <I regular air force ".
The second pt"oviso to section 144 (Sl is omitted.
In section 145 (I) the words Burma Volunteer Air Force" are substituted
II
7
98
In secti9n 145 ~4) the words II Burma Vohlllleer Air Force ,. an: substituted
[or tbe words II regular air force ". .
Section 146 is omitted.
The following is substituted for section 152;-
"Any person who blsely represents himsel to any air.force. military,
naV,ll, or ch'il iuthorily to be a deserter from the Burma Volunteer Air Force
sh:l.lI on conviction be sentenced to imprisonment of either description for an)'
period not exceeding three months."
l!l section IS3 the words "in the United Kingdom or elsewhere" are
omilted, and the w(lrds II shall he liable on convil;tion to imprisonment for a term
not exceedin~ six months" arc $ubstiluted for the words II shall be liable, on
summary conviction, to be imprisoned with or without h.nd labour, for a term
not excecdinJi! siz months".
In section ISlA the \Yoros <t in the United Kingdom or elsewhere" are
omitted, and the \Yords "shall be Ihble on conyiction to impnsonJnent for a term
not exceedin~ six months or to a fine not ezceedinJ;! one thousand rupees or to
both such imprisonment and fine" are substituted for the \Yards " shall be liable.
('in summary conviction, to imprisonment fora term not exceeding six months or
to a fine not exceeding one hundred pounds, or to both such imvrisonment and
fine ..
In section 15t the words II police officer" are iubstituted for the word
" constable" wherever it occurs.
In section 154 II) the words I, the ne3rest Ma~istrate II are substituted for
the words ., l\ Coort of summary jurisdiction".
The following is substituted for section 154 (2):-
<I A MaJtistrate may, if satisfied by evidence that a deserter or absentee
without leave is or ii reasonably suspected to he within his jnrisdiction, issue a
warrant anthorizim! such deserter or absentee without le1.ve: to be: apprehended
and bl'OuJtht forthwith bebre: the ne3rest Magistrate."
TIlt followinJt i:i substitcted for section 154 (3) : -
In section 161 the words II has perfonned continuous air-force service" are
substituted for the words II has served continuously ttl the words II President of
the Union" arc substituted for the words ., Air Council". and the words' in any
corps or unit of the regular air force II are omitted.
In :lection 1620) the words" on conviction in the High Court bepunisbable
with imprisonment or with fine or with both" are substituted for the words It on
conviction in any of His Majesty's IlIperior Courts in the United Kingdom, or in
a HiKh COlll't ill India or Burma, be guilty of a misdemeanour", and the word.
lL pOlice officers" are substituted for the wOl'd 10 constables", .
In section 162 (41 the words" President of the Union" are sub!Jtituted for
tht words II Air Council" wherever the~' occur.
Section J62 (5) is omitted.
Section 163 is omitted.
In section 164 the \vonls ., and shan be allowed for such certificate a fee of
~hree shillings" are omitted and a full sto\l is substituted for the comma
Immediately preceding these words.
In section 165 the words .1 the President of the Union" 3re substituted for
the words u a Secretary of St.'\te ".
Section 166 is omitted.
Section 167 (1) and section 167 (3) are omitted.
Section 167 (6) and section 167 (1) are omitted,
nle foUowin~ is substituted for section 168:-
" All offences under this Act which may be pt'O!ecuted, and all6nes under
this Act which may be recove~dt and all proceedings under this Act which
lIlay be hken before a civil Court. may be prosecuted and recovered and
taken in such Courts and in such manner as may be from time to time provided by
~I, or if 110 c:tprep provision is made, then ill and before the Courts aqd in tbe
100 Burma l'oluftuer Ai, Foru (Disci#ine).
manner in which the like offences and lines may ~ prosecuted and recovered and
proceedinJ{s taken therein by Jawor as near thereto ;tS circumsl:mces admit."
Section 169 is omitted.
The fol1owjn~ is substituted for section 170 (3):-
I- ~ver)" such action, and also every action 3!:ainst a member or minister of
a Courl-martial in respect of a sentence of snch Court, or of anything done by
virtue or in pursuance of such sentence, shall be brollJtht in tile High Court and
in no other Court whatsoever."
In section 172 (J) the words" President of the Union" are substituted for
the words " Air Council '0 \Vhe~\"er they oceor.
In section 172 (51 the words "commandin~ officer are substituted for the
It
ACter the word" who" to bll ins:rted either the \'turds .. was a(tprehcnded". or
"lIurrcnd.ered himself". as the case m;ly be
Ag,. ..,I
Height. ... ... ... ... Feet. Inches.
--
Complexion, ... ... ...
Hair. ... ... ... ...
---
Eye. ... ... ... ...
Or where the pt"lsoner confessed, and evidence of the truth or falsehood of luch
cor.fession il not then forthcomina:- .
I hereby certilY that the abOVe named
prison confessed to the circwnslances
above stated. but that evidence of the truth
at falsehood of such confession is not
forthcominl, and that the case was
adjourned until the day of for
-tbe PlD'pose of obtaininl[ such evidence irom !------Signature.
a Secretary to Government.
I-----Residencc.
POit Town.
I It 11 Important f<lf the public ten'ice, and for the interal of the dnertu or .buntle
without leave, that this I'Ilrt of the return Ghould he accurately filled "fl. and the dttaU ~d be
In.erted by the Ma,i,lrate In hi. own handwriting, or. under hi. dlreclloa, by hil cleft,
I Insert ;1 Of II "ot, 4 rkurter ttr dbleNlu lOitI'Dfd I_VI /,.",. or klo"" or 4Hf '""
61"'", fo. u the cue may toe.
The MaJi~tratc will inKrt the name of the pelion \0 whom. the reward II _. ad tIM
AlrIount which. in bia opinion, IboWd be xranted in \bit partlC1ll., C8I&
104
THE WORKS OF DEFENCE Aer.
PART t.
PRELUUNARY.
SediOlj"
1.
2. Definitions.
PART II.
IMPOSITION OF RUTRIC'1'JONS.
PART III.
REFERENCE TO CoURY AND PIleCID.UNS "DEMEO
I&. Reference to Court.
\9. Colbetor's statement to the Court.
20. Service of notice.
21. Rnlridion on s("ope ol proceedings,
22. Proceedinls to be in open Court.
23. Mattera to be cOllsidered in detenuining compensation.
2!. Matters not to be'considered in detenninina compensation.
2;,. Rules as to amount of compeuution.
26. Fonn of award.
lOS
Sutio'".
27. Costs.
28. Collector may be direded to pay interest on exceat comJ:eUl&tioD.
PART IV.
APPORTIONMENT OP CoMPINSATION.
PART V.
PART VI.
MISCELLANEOIlS.
WHEREAS it 'is expedient to provide for i~posing restrictions UpOn the 1l5e
and enjoyment of land in the \'icinity of works of defence in order that such land
may be kept free from buildings alUi other obstructions, and for detenninlnlt the
amount of compensation to be made on account of weh imposition; it is hereby
enacted all follows :_
PART I.
I.
106 Wor.b If Delttltl.
IXlillltiocn. 2. In this Act, unless there is sometbin,l.! repuJ{nant in the subjecl or conted,-
(al the expression" J:J.nd" includes benefits to arise out of laud, and things
attached to the earth or permanently fastened to anything attached
to the earth:
(bJ the expression "person interested " includes all person~ claiming an
interest in compensation to he made on account of the imposition of
restrictions upon the use and enjoyment of land under this Act;
:and a person shall be tieemed to be interested in land if he is
interested in an easement affecting the land:
1<)
(d)
(,J the txpteSSion '. Commanding Officer" means the officer for the time
being in command of :I. work of e1dence:
If) the expression .. Collector" includes any officer specially appointed by
the President of the Union to perform the functions of a Collector
under this Act:
(g) the apression "Court" means a principal civil Court of original
jurisdiction, unless lhe President of the Union has appointed (as he
is hereby empowered to do) a special judici:ll officer within aDy
specified loca.l limits to perform the functions of the Court nnder
this Act:
(1) I' mainlain ", with its gmmmaliC21 variations and cognate expressions,
does not, when used in relation to a house or otber constructiOJl,
include the doine: of any act necessary for keeping such hoose or
construction, until the making of the award referred to in section 11
or until the exercise, prior to the making of tbe aW:lrd. of the powers
o[ demolition conferred, in c.:asc of l'rDerj.;ency, by section 6. sub-
lections (1) and (3), in the state in \I, hich it vas at the time of tbe
publication of the notice rerened to in section 3, slIb-sectioll (Z):
f)' the fOllowinp; persons shall be dee:med "entitled to act ,. as and to the
extent hereinafter provided, tbat is to say,-
trustees for other persons benefici:llly interested shall be deemed the
persons enHtled to :let with reference to any case, and thai to
the same extent as the persons benef!ci:tlly interested could have
acted if free from diubility :
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, 10 the same extent as if she were unmarried a~
of full age : and
the guardians of minors and the committees or managers of lunatics
or idiots sb.-lll \)e deemed respectively the personl so entitled to
:act, to the same extent as the minors, lunatics or idiots them
selves, if free from disability, could have acted:
Provided tbat-
(i) no person shall be deemed U entitled to act " wlKlle interest in the
SUbject-matter is shown to the satisfaction o! the Collector or eou:rt
to be advl':rst to the iutercst of the person interested for whom he
would otherwise be entilled to act;
Hi) in every case the pel'Son interested may appear by a next friend or, in
default of his appe:lr<l.nce by a next friend, the Collector or Court,
as the c:tle may be, shall appoint a guardi:lll for the case to 3Ct on
his behalf in the conduct thereof;
WOI'.h of D'f~'. 107
(iii) the provisions of Order XXXII of the Code 0( Civil Procedure shall,
lIIal4tis 1If~I4"dis, apply in the case of pel"&Ons interested appearing
befOte a Collector or Court by a next friend, or by a guardian for
the case, in proceedings under this Act; and
(iv) nO person" entitled to act It shall be competent to reoeiye the com
pensation money payable to the rmon for whom he is entitled to
act, unieSi he would hafe been competent to alienate the land
upon the use and enjoyment of wbich restrictions are 10 be
imposed and receive and give a good discbaree (or the purchase.
money on a voluntary sale.
PART II.
IMPOSITiON. OF Rls'rRICTIONS.
3. (1) Whenever it appears to the President of the Union that it is necetaary DecbraUon
to impose restrictions upon tht use and enjoyment of land in the vicinity of any andnotic.
work. of defence or of any site intended ~o be used or to be acquired for any :~a~re ...
such work, in order thlt sllch land may be kept free from buildinp and other WI~I::'
obstrnCtiOllS) a declaration ~ball be made to that elIect. impoeed.
(Z) The saJd declaration shall be published in the Guette and shall state
Ihe di$trict or olher territorial division in which the land i$ situlte and the place
where a sketch phn of the land, which shall be prepared on :l scale not smaHer
th:ln s~ inches to the mile and Shll1 distinguish the boundaries rrferred to in
section 7, may be inspected; and the CoUector sball cause public ootice of the
substance of the I3ld decl;rration to be given at coDvenient places in tile localily.
UI The said declaration shall be oouclusive proof that it is necessary to keep
the land free from buildings :lnd other obstruclions.
... 11 shall be lawful for sucb officer as the President of the Union may) lJy Power" do
j:leneral or special order, authorize in this hehalf, and for his servanli and prclindnarJ
workmen, at any lime after publication of tht: notice mentioned in section 3, sub Ictl aUer
(lublicltWA
section (2" to enter upon and survey :ll1d take levels of any land in such locality, of notice
todi~orbore into the sob-soil, to do aU other acts necessary to ascertain whether under ICC-
any and, if so, what restrictions should be imposed on the use and enjoyment of tion 3, 1Gb-.
tbeland)loset out Ihe boundaries of the land upon the use and enjoyment of which Ketion (21.
restrictions are to be imposed, or of any part of such land, to lDark such levds,
boundanes and line' by placinp; marks and cuttmg trenches, and, where otherwise
t~e snrvey cannot be completed and the levels tak..:n and the boundaries and
l.tnemarked,lo ent down and cl:ar ay any part of any .tandina crop) fen~ or
Jungle: .
Provided that no person shall enter into any building or upon any enclosed
court or garden attached to a dwellinghouse (unless with the consent of the
OCCupier thereof! without previously ~iving .uch occupier at least seven day.'
notice in writing of his intention to do so.
5. The officer so authorized shall at the time of such entry payor tender
payment for all necessary dlma,;,ce to be done as aforesaid, and, in case of dispute
~~ 10 tbe sufficiency of the amonnt so plid or tendered, he sh:lll at once -refer the
Ispute to th~ de.:ision of the Collector, and 1I1Ch decision lball be final.
lOB Wo,ls of De!eau.
Further 6. (1).. Whenever a rleclaration has been made and public notice thereof has
pow,n been given under section 3., it shall, sllbjed 10 the provisions of sllb-sections (Z)
nercil1l.ble
after publi- lo (4), be lawful for such officer as the: President of the Union may, by i!:eneral or
{.alion 01 special order, authorize in this l>ehalf, and for his servanls ancl workmen,to enter
notice under and demolish allY lJuiJdinRs or other consu-uctions on the surface, to cut down or
KCtion 3, grub up all or any of tbe trees, to remove or alter all or any of the banks, fences,
sob-sec-
lion (11. hedges and tlitC;ltS, to make undcrKround alld other drains, to lill up 0111
excavations, and demolish ",-II builclin~s and other CClnstructioll$ belo\\" the surface,
and gener:llly to level and clear lhe said land and do all soch acts for levelling
and c1earinlo( the same as he may deellllleccs~lr)' or proper, but in such manner
neve..theless that evidence of boundaries of thc lands held by different owners
may lJe pr.:servecl.
(2' The power:> conferred by sub-se<:tion (I) shall not be exercised,-
(/ll save as otherwise provided by subsection (3), before lhe making o( the
award. hereinafter referred to in section 12, lIor
(bl save as olherwise provided by subsection (4), after the expiralioll of $iJ:
months irom the making of the said award, or any shorter period on
the expiratioll of which the orncer exercisin;,t such puwers 2iVdJ
nolice to the Collector that there will be IIJ further exercise of them,
/3) In case of emergency, the President of the Union may, by notification in the
Gazette, declare that all or any powers conferred by sub-section II) may be exercised
at an)' time within six months after the publication of the notice referred to in
section 3, sub-section W, and such powers may be cxercised accordinl:ly, and
the said notificalion shall be conclu$ive proof of emergency.
(4) Nothini in sub-section It} shall bc deemed to preclude any snch oflicer or
his servants or workmen from exercising at any time the S:lid powers for the
purpose of removinit wholly or in part, any buildinl: or other obstruclion main-
tained, created, added to, altered, planted, stacked, stored or otherwise
aCl:umulated in contravention of this Act or of any rule or order made thereunder
or of any condition prescribed in accordance therewith.
RC'trktioa5. 7. From and after the publiC3tion of the nolice mentioned in secHon 3, sub-
lection (2), such of the followin~ restrictions as the President of UIC Union may
in his discretion declare therein shall attach with reference to such land,
namely:-
(4) Within an ouler boundary which, except so far as is otherwise
provided in seclion 39, subsection (41, may edend to a distance of two thousand
yards from the crest of the outer parapet of the work,-
Ii) no "ari:ltion sh~J1 be nude in the ground-level, and no building, wall,
bank or other con$truction abo\'e the ground shall be maintained,
erected, added to or altered otherwise than with the written approval
of the GenerAl Officer Commanding the Forces in the Union of
Bunnl and on such conditions as he may prescribe;. .
(m no wood, earth, stone. brick, gravel, sand or other material 'shall be
stacked, stored or otherwise accumulated:
Provided thll, with the written OIoPprovai of tfte General Officer
Commanding the Forces in the Union of Burma and on such
conditions as he may prescribe, roadballast, manure and
agricultural produce ma)' be exempted from the prohibition:
Provided, also, lhat any persall haVing conlrolo[ the Jan{l as owner,lessee
or occupier sh:tll be bound forthwith to remove such road_ballast,
rn.lnore or agricuitunl produt:e. withOllt compensation, on the
requisition of the Commanding Officer;
WOT,b of Defllla. 109
fiji) no surveying operation shall be conducted otherwise than by or under
the personal supenision Of;L public servant (~uJy authorized in this
behalf, in the ca~ of land under the control 0( military aUlhoritr,
by the Commanding Officcr and, in other cases, by the Colledor
with the COUCWTence of the Commandilll Officer and
(iT) where any building. wall, Iauk or other const;uction abO're the
ground has beeo permitted onder c1a~ (i) of this sulMection to
be maintained, erected, added to or altered, repJirs shall not
without the wrilten approval of the General Oflictr Commanding
the Forces in the Union of Burma be made with materials different
in kind irom those employed ill lhe oniUnal buih1ing, wall. bank
or other construction.
(bl Within a second boundary which may extend to a dislance of one
thousand yards from the aest of the outer parapet of the work. the restriction
enumerated in clause (a) shall apply with the followine lldditional timilalir-ns,
namely:-
(0 no building, wJ.II, bank or other construction of permanent material,
above the wound shall be mainlained or erecled :
Provided that. with the written approv:l.1 of the General Officer Command-
ing the Forces in the Union of Burma and on such conditions as he
may prescrilx:, butl, fences and other constructions of wood 01'
other materials easily destroyed or removed rn.'ly be maintained,
erected, added to or altered;
Provided, also, tbat any person havin~ control of tbe land as owner,
lessee or occupier shall be bound forthwith to deslroy or remOTe
such buts, fences, or olher constructions, without compensation,
upon an order in writing signed by the General Officer ComIllU1d-
ing the Forces in the Union of Bunna j and
(ij} live hedltes, rows or clumps of trees or orchuds sball not be
maintained, planted, added 10 or altered otberwise tban with the,
written approval of the General Officer Comm2nding the Forets
in the Union of Burma and on such conditions as he may prescribe.
(c) Within a third boundary which may extend to a diltance of five
hundred yards from the crest of the outer parapet of the work, the restrictioll'
enumerated in clauses (n) 2nd (b) shall apply with the following additional
limit2tion, namely :_
no building or other construction on tbt: surface, and no excavation,
buildin~ or other construction below the surface, shall be
maintained or erected: ,
Provided that, with the written approval of the Commandini: Officer
and on such COnditions as he may prescribe, open railingl and dry
brtlSh-wood fences may be exempted from thil prohibition.
S. As SOOn J,!\ IDa) be aiter the publication of the declaration aforeSAid, the Lmd to be
Collector shall C1Use the land to be marked 0111 and measured. and shaJl also marked oa to
mnlUrecS,
prepare a rep;isler and a detailed plan, which shall be on a scale not sm,ller l'fIltlued
Unn six inches to the mile, showing nccuroltely every buiJdinll' tree and other lad pbaDtd.
obstruction. .
9. (l) At any time before the expiration 0"- 'Notiuto
(4) the period 0{ ei"hteen months from the publication of the decbration
referred to in section 3, or
:=as.
(b) such other period not exceedinp; tht years from the said publicaHon
as the President of the Uninn may, by nolific,.,liori in Ihe Gazette,
direct in this behalf.
110 Works of Defeflce.
17. Whenever the officer exerCIStng the powers conferred by section 6 Supple,
considers it necessary tbat anythinll in respect of which nny person is or rna)' be mentary
entitled -to compensation, but 01 which no notice has been ~iven or compensation procmliaJl,
awarded, onder sections 9 and 12, respectively, should be done in pursuance of
the said powers, the Collector shnll cause sUllplementary notice to be given, as
nearly as may be, in the manner prescribed by secticn 9 and subject to the limit
of time imposed by snb,section (1l of tbat section, and the provisions of section.
10 to 16 dUll, so far as they are applicable, be deemed to apply to any further
inquiry and award which may be held or made in consequence of. 90ch
supplementary Hotice.
PART 111.
'REFERENCE TO 'COURT AND PROCEDURE THP-RItON,
18, (II Any person interested who has not accepted the award may, by Reference
written applicltion to the Collector, require tll;(t the matter be referred by the to Court.
Collector for the de.ermination of the Courtl whether his objection be to the
lIleasurement of the land, the Jomoanl of the compensation, the persons to whom
it is payal>le, or the apportionment of the compensation among the persons
interested:
Provided that every such applicJtion shall be made,-
(,.) if the person makinll it was present or represented before the Collector
at the time when he made his award, within six wceks from the
date of the Collector's award:
(6) in otherCJses, within six weeks 01 the receipt of the .no.tiee. from th~
Collector under section 13, sub-section (ZJ, or Within III lDontbS
11Z fVorksof De/enGl.
from the date of the Colledor's award, whichever period shall first
expire.
(2) 'fhe application shall slate the grounds on which obj~ctioll to [he
award is taken,
Collector',
sl:ltmlent 10
19. (ll In making the rererellc~ the Collector shari state for the information
the Court. of the Court, in wrilin'l; uuder his hand,_
(a) the situation and extent of the land with particular~ of any damage
c.lused ulld~r section 6 or of restricticlls imposed under section 7;
(b) the names of the penons whom he ba~ r..:ason to think
interested in such land i
(e) the amount of compensation awarded under section lZ i and
(d) if the objection be to the amount of the compensation, the grounds On
which the amount of compensation was determint:d.
(1) To the said ~talement shall be attached a schedule givinJ,! the particulars
oftbe notices served upon, and ofthe Ilatements in writing made or delivered by,
the parties interested respectively.
Senioe o(
notice.
21. The Court shall thereupon cause a notice specifying the day on which the
Crmrt will proceed to determine the objection, and directing theil' appearance
before the Court on that day to be served on the following persons, namely :_
(a) the applicant;
(b) all persons interested in the objection, except such (if any) of them as
have consented without p1'Ote::;t to receive pa~'lllent of the com
pensation awarded i and
(d if the objection is in re~anl to the area o[ the land, tlte nature of
the obstructions or the amount of the compensation, the Collector.
Restridlon 21. The scope of the inqoirr in every such proceeding shall be restricted to
on SGOre of a consideration o[ the interests of the pel'Sons affected by the objection.
p~edillgs.
Proceedings 22. Every such proceeding shall take place ill open Court and all persons
10 be in entitled to practise in any civil Court in the Union of Burma shall be entitled
open COllrt.
to appear, plead and act, as the case may be, in such proceedin~.
},fallers 10 23. (J) In determining the amount of compensation to be awarded for
be con damall:e caused, or to be caused, or for restrictions imposed under this Act, the
sldered in Courllhall take into consideration-
determhulli
cornpeDu- (a) the aclual decrease in market-vJ.lue of the land owing to the publication
lion. of the declaration relating thereto under section 3 and any damage
caused or to be caused under section 6 i
(6) the damage sustained by the person interested by reason of lhe
removal of any standing crops in the e:tercise of any power conferred
by section 6 ;
(c) the damage fif any) sllst.1ined by the person interested by reason. of
ceasing to be able to use such I:md conjointly with his other bud;
(d) the damage (if any) sustained by the per.>On interested by anything
done 01" ordered under sectiOns 6 and 7 injuriollsly affectin~ his other
property, moveable or immoveable, in any other manner, or his
earnings; and
(e) if, in consequence of the imposition of restrictions, the person interested
is compelled to chan,:::e hi~ residence or place of business, the
reasonable expenses (if any) incidental to such chani!e,
(2) In addition to the ~mount representing the actual decrease in the mlrket
value of the land as above provided, the Conrt Sholl) in every case award a fLlrther
lum of &(teen per centum on such amoun!.
Wwh of Dtfe,,", 113
2 . In detennining the amount of compensation 10 be awarded fOf' damace
ca.used. or 10 .be cause~, or ~or restrictions imposed under this Act, the Court =~be
shall not take IDtO CODslderahon- (''ani t ltd
(al Ihe degre~ C?l nrgency which has led to the damaa;e or the imposition ::m~r~.
or re:.lrlctlons ; pmu1kll1.
(b) any t1i~in.clin:ltion of the perSOll interested to submit to t1amaJ:!c or
restncllons ; .
(c) any damage sushined by him which, if caused by a private penon
,,'Ould 1101 render such person liable to a suit
(,I) any increase to tbe value of the other land of the person interrsted
accruin~ or likely to acCrue from anythine done under this Act or
(el any outlay or improvements on, or disposal ol, the land comme'nced,
Ill."lde or effected without the sanction or the Collector alter the: dilte
of the publication of the declaration under section 3.
25. (J) When the applicant has made a claim to cOlOpenSOl.tion, porsuant to Ruin as 10
any notice given tinder section 9, the amount awarded 10 him by the Court shall .mount 01
nol txceed the amount SO claimed or be len tban the amount awarded by the comre-'
Collector under section 12. UOII.
(Z) When the applicant h,,~ refu!ed to make such claim or hu omitted'
withont sufficient reallOR (to be allowed by the Judge) to make such claim, the
amount awarded by the Court shall in no Ciase exceed tbe amcant awarded
by the Collector.
(3) When the applicant has omilled for a sufficient reason (to be allowed by
the Judge) to Dto"lke sllch claim, the "mount awarded to him by the Coort shall not
be less than, and may exceed, the amonnt awarded b)" lhe Collector.
26. Every award under this Part shall be in writinJ:! silotned by the Judge and Form of
shall specify the amount awarded under sedion 23, sub-section II), clause (a), and awn.
also the amounts (if ltDy) respectively aw:trded under e:tch of the Olher clauses of
the same subsection, together with the ~rounds of awardin~ each of the said
amounts.
27. (I) Every such awud shalt also s~te the amount of costs incurred in c::.a.
the proceedinJtS under this Part, and by \\"h,"lt persons ilnd in what proportion they
are to be paid.
tZl When the award of the Collector is not upheld, the c~t. shall ordinarily
be p\id by the Collector, unless the Court is of opinion that the claim of the
applicant was so extravagant or that he was so ncMligent ill putting hi. ClSe before
the Collector that some deduction from his costs 5bould be made or tbat he should
pay a part of the Colleclor's costs.
21. If tbe sum which, in the opinion of the Court, the Collector oa.ht to Col**-
have aw"rded a3 compensation is in excess of the sum which tbe Colle~tor did ~d to
all'aTd as compensation, the Court may dir.t that the Collector sball pay Interest pay i_.erlll
on IUCh excess at the rate of six per centum per :annum from tb, date of Oft e.e_
his award to the date of payment of such excess into Conrt.
PART IV.
ApPORTIONMENT OF CounlfSATlO"'.
29. Where there are several periOns mterested. if such penon. agrttl In the f'arUeaiIn
apportionment of the compensation, the particul'lrs 0( such apportionJM1lt r;h:lIl ~'.o :0.
be soecified in the award, and as between sucb persons tbe. awvd tha11 be ~
toDclush'e evidel'lcc of tbe corrcctneu of the .PPOdiO[lmenl.
8
114 Works of DefMee.
Displlte ill 3~. Whe~ the amount of c0'.'lpensation has been settled under section 12, if
to "PP- any dispute ames as to the apporhonment of tbe s.1me or ally part tbereof or as 10
t10nmclIL
the ('tersonll to whom the same or O1ny p lrt thereof is payable the Collector may
refer such dispute to the decision of the Court.
PARTV.
PAYlIIUT.
Payment or 31. (J) On making :m alVard under section 12, the Collector shall tender
c.omreuU - Po1ymellt of the compens.1tioll awarded by him to the persons interested entitled
'ion or thereto according to the award, and shall pay it to them unless preven&ed
dcpMit uf
~tlll b~' som~ one or more of tbt: contin/.l:encit:s mentioned in sub-seclion 12l.
CourL (2) If they do not con~nt to receive it. or if t1u~re is no person competent to
alienate the land, or if there is any dispute as to the title to receive the campen.
S3Iion or as to the apportionment of it,lhe Collector ,hlll deposit the amount of
thecomp..:nsation in the Court to which a reference under section 18 would be
submitted:
Provided, first, that .Iny person :Idmitled to be interested may receive sucb
paynlent under protcst as 10 the sufficiency of the amount:
Provided, secondly, thai 110 person who has rccei~'ea the amount otheNise
than uuder protest shall be tntitled 10 make any application undel' section 18:
Provid~J, thinny, that nothin~ herein contained shall affect the liability of
any perSOll, who nul' receivt the whole or any part of any compensation awarded
under this Act, to pa)' tbe same to the person lawfully entitled thereto.
(J) Notwithslandinj:! an)thin~ in this scclion, the Collector may, with tbe
sanction of the President of the Union, instead of awarding:l money compen-
satiml in rupec:t of any hmJ, nuke any arranj:lement wit" a person haring
a limiteJ intereSt in such land. either by the j:!r;tnt of other lauds in exchange, or
by the remission of land-revenue on the S01me or on other lands held under the
same title, or in such otber way as may be equitable having regard to the
interests of th~ parties concerned.
(4) Nothin~ in sl1b-~ectioll {31 shall be construed to interfere with or limit
the power of the Colleclor to ellter into any arrangement wilh any person
intere5ttd in the land ancl competent to contract in respect tllereof.
III'ulmcDt 32 (II 1 any money is depo~iled in Court onder secHon 31, sub-section IZI,
of 1ll000ty and it arpe.1rs th:lt tho: land in re,pecl of which the s,lme was awarded belon~ed
depodled ill
rnrec10f to anr prrson who had no power to alicn:\le the same, the Court shall order the
l<Uldt be- money to he invcsttd-
h..lllinill(l (0) in the purchase of other lands 10 be held under the like title ;'Iud modi
per~n .. in-
(OQIl'dtnt tions of owner.<ihip as the bnd in respect'of which such nloney ,ns
to alienate.. deposited is held, or.
(bl if such purchue canDot be effected forthwith, then in such Govern-
mCnt or olllcr approved securities as it thinks fit ;
and shall direct the pa~'mcDt of the interest or other proceeds .1risin/.l: from suGb
investment \0 the penon rtr persons who would for the time beiIu: ha.ve heen entitled
to the possession of the S3.id land, and such mone)'s shall remain so dcposiled and
innslM lIntillhe~am(' are 1f1pli.-d-
Ii) in the purchue of such other Iuds as aforesaid; or
(ij) ill payment to any person or perIODS beoomina absolutely CDtiUed
thereto.
Worh 01De!dII:'. 115
(Z) I n all casCI of moneys deposited to which this section applies, tbe Court
shall order the costs of the following matters, includin~ therein all rcuo-.bLe
. ch~e. and expenses incident thereto, to be paid by the Collector, aamely:-
a) lhe costs of sllch investments as aforesaid;
(b> the costs of the orders for the payment of the interest or other proceeds
of the securities in which such moneys are for the time beia,5( imesled.
and for the payment out of Court of the principal of such moneYl.md
the costs 01 all pro<:ee<lin:s telatiDJ: thereto, except such U Ina, be
occasioned by litieation between adverse claimants.
33. If any mouey is deposited in Court under this Act for any cause other 1.lt'Itd!eht
than that mentioned in section 32, the Court may, on the application of any polrly cI '**Y .
interested ur c1:J.imin" an interest in such money. order the same to be invested in ~It(d"
such Government or other approved securities as it thmb lit, and may direct the aa.
interest or other proeeed$ of any such investmt:ot to be accumulated and paid in
IUch manner as will, in its opinion, gift the parties interested therein the NDle
benellt therdrom as they miaht bave had (rom Ihe land in re$l)ec:t of \l'hich 60cb
money ""'&5 deposited or u near thereto as rna)' be.
J4. When the amount of any compensation awarded under this Act is not patti Ps)__ t.-
or deposited within fifteen days of makina the award, the Collecte-r $hall pay tbe iDttrnt.
amount awarded with interest thereon at the nte oi six per cenlum per unum
from the date of the award until it is so paid or deposited.
PART VI.
MllCELLANEOl'l.
35. ll) Service of any notice under this Act shall be made b, delivuia, or aemcc 01
tenderinga copy thereof signed, In the case of a notice under section 3, subsection aotktI.
{Z), by the officer therein mentioned, and, in the calle of ally other notice, hyorby
order of the Collector or the Judge.
(Z) Whenever it may be practicable, the service of the nolice shall be
made on the person therein named.
(J) When such person cannot be found, tile sen'jce may be made on any
adult male member o( his famity r\:sidillU with him; and, if no such actult mal~
memher can he found, the notice may be served by fidn" the copy on the ouler
door of the house in which the person therdn named ordinarily dwell. or carrie. on
b.ineh, or by 6xinj.! a copy thereof in iOnie conspicuous place in the ollke oflhe
officer aforesaid or of the Collector or in the COllrthr,nse and also in soniC \:on-
spicuous part of the land upon which reshictions are to loe imposed:
Provided that, if the Collector or Judj.lc so directs, a notice may be sent by
post in a letter ad:iressed to the persoll named therein at hi./ast known ruidencet
-
address or place of business and service of it may be pfO'ted by the pro<luctioa of
the addr~see's receipt.
,,'"
awaTded
proceedin~s thereonder, and shall pay such amount to the perSOn interested,
toj.!elher with all costs reasonably incurred by him in the pl'nsecution of the pro-
when not ceedings under this Act relating to the said restrictions.
completed. (3) The provisiOflS of Part III shall apply, so far as may be, to the determina-
tion of the compensltion payable nnder fhis section.
39. (I) The provisions of this Act shall not be put in force for the purpose of
DclDOliUon
of part of demolishing or acquiring the ri~ht to dtmolish a part only of any house, manu-
hoau or factory or other building. if the owner desires that lhe whole of such house l
builcliul mlnufactory or building shall be demolished or lha! the right to demolish the
aDd im[lClli- whole of it shall be acquired:
lion nf
r~Tittiool Provided that the owner may at any time before the Collector hal made his
,....
on prt of award under section J 2, by notice in writin~, withdraw or modify his expressed
desire that the whole of such house. nlanufactory or building shall be demolished.
or that the riRht to (lemoJish the whole of it shall be acquired:
Provided, also, that, if any question shall arise as to whether any buiklin~ Of
other construclion propost.d to be demoliShed undcr this Act does or does not form
part o( a hous!:, manu(actof}' or buil(linR within the meaning of this section, Ihe
Collector sh111 refer Ihe <Mcrmination of such question to the Court, and stich
buildill/.!: or other construction Shall not be demolished until after the question has
been determined.
In deciding 011 such a reference Ihe Court shall have regard to Ihe questiWi
whether Ihe buildin~ or otherconstrnction proposed to be demolished is reasonably
required for the full and unimpotired use of the house, manufactory or building.
(11 Ifl in the case of any claim of the kind referred to in section 23,
sub-section (I), clause (c)1 by a person interested, on account of ceasing to be able
to use the land, upon tl1e use and enjoyment of which restrictions are to be
imposed, coniointlr wilh his other lanef l the ~sident of fbe Union is of opinion
Ihal the cbim is unreasonable or ekcessi,'C', he maY, at any time before the
Collector h:ts made hi' award, order the imposition of restrictions upon the
whole of the I,md of which the land upon the use and enjoyment of which il \li25
first srughlln impose restric!ions fOlms a part.
(3) In the case provided for hy sub-seclion (2) no fresh declaration or other
proceedin~ under sec lions 3 to 10 ~hall be necessary; bul the Collector shall
without delay furnish a COP}' of Ihe ordl!r of the President of the Union to the
perSOll.inlel'tllled, and shall thereafter proceed to ~ake his a\\'3rd undcr seclion 12.
Wot.l:s of Dt!enu.
""'...
O. Subject to the provisions of the Code of Civil Procedure applicable to AJlpeIlIln
appeals from original decrees, an appeal sh:llllie to the Hi"h Court from Ule award p,~dlll&'
or from any part 01 the award of the Court in ....n)' proceeding under this Acl before Court.
..... (1) The President of the Union m:ry make rules for the Ruidilnce of Power 10
officers in ....n matters connected with the enforcement of this Act. mat"....
(2) The power to make rules under subsection (J) shall be subject to the
XIndition of the rules being made after prniotls publication.
(31 All rules made onder sub-section (I) shall be published in the G:u:etle
....nd shall thereupon have effed as if enacted in this Act. '
'moonelol of. (I) There shall bi: the (ol~wing cL'\SSCi of pel"lOnnel in the service
tb< n>meIy,-
aad"""'
arpoint.
_tol (0) officers, and
otll<m. (6) enrolled persons.
(21 Officers shall be a"pointed by the President o( the Union by
notification in the Gazette, and the~' shall be female citizens of the Union above
the age of seventeen.
EnfOlmenl S. (1) Any cillzen of Burnt.1, if a woman and above the :tge of seventeen,
0( penocmd shall be elijtible to be enrolled in the service, and, if she s:ttis6es tbe
aDd tbtir
pt'ODlotioa. prescribed conditionlli, may be enrolled thertin in such manner and for such
period as may.he !:lid down by reiuhtions, aud thertupon sh:l.lI become subjecl
to tbe provisions of tbis Ad,
Il) Any enrelled person m:\y be promoted to warr:\nt and noncommis-
sioned rank in accordance with the relXulations.
lJabilily to 6. Every officer and every enrolled person shall be bound to serve
.ne.
until she is discharlted or dismimod from the ser\'ice and while so bound sball
be subject to all rilles and regulations that may be made under this Act relillin!!
to the service.
DiSD:Iisul
fl"Ollt lenioe 7. (0) The President of the Union may dismiss any officer i and
(b) The General Officer Commanding, Burma Army, or any authority
empowered by him in this bc:half, may dismiss any enrolled person frtlm the
service.
AppliCltlnn S. The Burma Army Act sball, to such extent and subject lo such adapta
01 Ann)' Ad .t)ons and nlodi6cations as may he V\1......nocd, apl'ly te dfticcrs of, and pcrs~ns
enrrUed in, the s~dce as it applies to officers and men 0{ the rcgularforces
respectiTely.
J. There shall be raised and maint..,ined in the manner hereinafter rrovided Con,Ut,tiOll
an auxiliary force, which shall be desi~naled the Burma Mihtary Nursina ;,~Bara,a
Service. for service wilh forces and persons suhject to the Burma Armr Act. ~~~
Se,.k::e,.
<t. AU members oE the ~rvice shall be of commi~ioned rank and sMII be P~noaad of
appointed a5 officer! of the service by the Presidenl of the Ullion by notification tilt K"ie~.
in the Ga2:ette.
5. Any citizen of the Union, if a woman and above Ihe a!l:e of twenty-one, Elilibilil)'
sball be eligible for appointment as a member 01 the tervict-, iroflidtd tlr4! slle 'or appoiot-
satis6es the prescribed conditions: and upon appoinlmaJl sbe dlall become llleDL
subject to tbe provisions of tbis Act.
6. ~very memhcr of the service shall he bound 10 serve unli1 she UabllJI)' 10
relinquisbes her commission (lr is dismis~d frorn-the service, and while so bound Kne.
shall be subject 10 rules and regulations that may he made nnder tbis Act
relating to the service. .,
7. The President of the Union may di.miss any,
member of Ihe service. Dilmiwl
'l1lal'krrioe.
e. The Burma Army Act shall, subj:t to such adaptations and modificatioD' ApplieatiOll
as nuy be prescribed, apply to members of Ihe service as it applies 10 officers of of lbe AtIII'
the regular forces, except such provision. thereof as are mauirestlr inapplicable Ad.
to \l'omen. ,
9. The Presidenl of tbe Union may ffi3ke rul~' loarry oat the purpose5 Pown to
ci Ihis Act; and wilhout prejudice to the g~nerality of :ouch powers, sneh ra;U;c nala.
rules mly pro\ide for the medical examination 9f persons oUeriDA tbtmseln,
lor appointment in Ihe service. \
It. The President of the Union may, by notification in the Gazette Pl7WCf to
empower any authority to make rel{ulations, consistent with Ihis Act and Ihe malic rcraJ...
ruIn made thereundtt, to provide for:tll matten 10 be ~overned by regnlations, lion.
includin~ det:tils of nrganilation, per30n,nel of the service,:tnd the appointment,
dismilllal. duties, trO\ining, c1othinJ(', eqnipment, pay, allow:tncet, medical treat
ment, and leave'of persons appointed as members of the service..
I For suclt. ruin, tee B.rllf' Gcu/l" 1946, Part I, Po 92.
120
THE BURMA AIR fORCE (DISCIPLINE) ACI'.
CHAPTER I.
PaEUWINAaY.
s.......
1. Short title and commencement.
2. Persons subject to this Ad.
3. Special provision a. to rank in certain cases.
4. Comm:andina: officer of certain persons.
5. OIfieen to exercise powers in certain cases.
6. Definitions.
CHAPTER II.
ENROLMENT, ATl'BtTATION, DI~MISSAL, DJSCHARO& AND REDUCTION.
7. Procedure before enrolling officer.
8. Enrolment.
9. Presumption of enrolment in cerb.in cases.
10. Penon. to be attested.
11. Mode of attestation.
12. DitmilSO\l by the President.
13. Dismiss<'\t by the Officer Commnnding or prescribed ofIi<:er.
14. DilCharp.
15. Certificate to person dismissed or discharRed.
16. Discharce and di,mi$l:'\l out of the Union of Burma.
17. Reduction.
'CHAPTER 111.
PUNISHMENTS AND PENAL DIDucrloNs.
18. Punishment.
19. Power to :l.ward lower' punishments.
20. Field punishments.
21. Combination of punishmentt.
22. Reduction of non.commiQioned oman and w2.rrant officers to roll1ks.
%3. Retention in the romp of person convicted on active service.
24. Minor punishments.
25. Deductions from pay and allowance.
26. Deduction... from public money other tban pay.
27. Remission of deductions.
28. Provision for dependants of prisoners of w....
29. Unauthorized deductions forbidden.
CHAPTER IV.
AIR FORCE OFVI~CIS.
30. Service offences punishable with death.
31. Service offences punishable with lon2 imprisonment. .
32. Service offences punishable more ~Iy if committed on activuemoe.
121
S,lliollJ.
33. Service offences punishable with sbort imprisonment.
34. Mutiny.
35. lnsuhordination ponishable \\~itb IORio! imprisonment.
36. lnsubordinltion punishable more severely if committed on active .ervice.
37. Insubordination punishahle with short imprisonment.
38. Desertion.
39. Fraudulent enlistment
40. Connivance at desertion.
41. Absence from duty without leave.
42. Scandalous conduct of officer.
43. Sc..1.ndalolls conduct punishable with long imprisonment.
H. SClnd lIous conouct pURilhable with short imprisonment.
45. Intoxication.
46. Permittini: escape of prisoner.
-'7. IrreR:ular keeping in custody.
48. Escape from clistody.
49. Offences in relalion to property.
SO. False accusations and offences relatin~ to document!!.
51. False answer on enrolment.
52. Offences relating to courts.martill.
53. Offences reb.tin~ to aircr3t.
54. Miscellaneous air force offences.
55. Attempts.
56. Abetment.
57. Civil offences.
CHAPTER V.
ARREST AND PROCEEDINGS DEFORE THIAL.
CHAPTER VI.
CONSTITUTION, JURISDICTION AND POWERS 01' COURTS-MARTIAL.
64. Kinds of couds-martial.
65. Power to convene ~eneral courts-marlial.
66. Power to convene district courtsmartial.
67. Limitation of powers of convenin~ authorities.
68. Convening of field "eneral cOUI'tsmartial.
69. Composition of general courtsmartial.
70. Composition of district courts-martial.
71. Composition of (jekl general courts.martial.
72. Dissolution of courts-martial.
73. Jurisdiction and powers of courts-martial Jteneratly. .
74. Jurisdiction and powers of gener3\ and field general courtsomartial.
75. Jurisdiction and power'S of district courts-martial.
76. Prohibition of second trial.
122 Burma Ai' FOI'Ct (Disd1'line).
Sections.
77. Limitation of trial.
78. Place of trial.
79. Order in c:\S~ of concurrent jul"is.1iethn of criminal Court and court.
martial.
80. Power of criminal Court to reqnire (tcliver)' of oncnder.
81. Trial by cOnrlmartiilo' no bar to "uhsequent trial by criminal Court.
CHAPTER VII.
PROCEDUR!: 0.' COURTS-MARTIAL.
82. President.
83. Judge Ad,'oclte.
84. Challenges.
85. Voting of members.
86. Oaths of president and members.
87. Oathe of witnesses.
88. The sUmtnOnill~ of witnesses and prol!uction of documents.
89. Issue of commis!>ion.
90. Convictbn of one offence pe::nissible on charge of anolher.
91. General rule ,l:i to evidence.
92. Judidal nolice.
93. Presumption as to sign,lures.
9". Enrolment paper as evidence.
95. Presumption as to certain documents.
96 Re~erencc by accused to Government officer.
97. Evidence of previous cl"Invictions ;mrl service character.
98. Order for custody or dispooat of exhibit property pendin~ trial.
CHAPTER VIII.
CO~FlR)'!ATION. REVISION, PARDON AND RElllSSI0~ OF SENTEl'CES.
99. Findinp: :'Ind lentence invalid without contil'mation,
100. Power to confirm liltdin~ and sente;1ce of ~ener:\1 court-m:lrtial.
101. Power to conllrm findilll:t and sentence of distdct courtmartinl.
101. Limitation of thc powers of contirmin~ authorities.
103. Confirmation of findinp; and sentence of lield ~ener:'ll court.martial.
104. Power of con!irming authority to mitig'te, remit or commute sentenceS.
J05. Confirmation of rinding and sentence on board ship.
106. Revision of findin~ or sentence.
J07. Substitution of valid for invalid sentence.
108_ Provision where accused is a lun:atic.
109. Pardons and remissions.
CHAPTER IX.
EXliCUTION OF SENTEaCES AND DISPOSAL OF PROPERTY.
110, Sentence of death.
111. Commencement of sentence of imprisonment,
112. Execution of sentence of imprisonment.
113. Execution of sentence of imprisonment ill special cases.
114. Exec:'ltioll of senteuce of detention.
115. Comrounic.ltion of certain order~ to ciYil prison officers.
8WIII. Ai' Fo~ (Dis.<itliw). 123
$IdioM.
116. OIfend~n; sentenced to transportation how dealt with until transported.
117. ~xect1tion of selll~nce of line.
118. Order for disposal of properly teK:'rdina: which offence committed:
CHAPTER X.
SPECIAl. RULES RELATIXG 10 PU90NS AlfD PRoPERtY.
119. Complaints a~ainst superior officers and airmen.
120. Privilea:es of persons attendinJt courtmarti.;J1.
121. Exemption from arrest for debt.
122. Propert\" ezempted from att:lchment.
121. Application to rrsemsts.
114. Priority of beAriog by Courts of cues in which pertons IUbject to this
Act are concerned.
US. Property of deeeased persons and deserters.
126. Disposal of certain pro?trl). wilhout production of probate. etc.
127. Application to lunatics aDd penons missina: on active semoe.
128. Power to m:lke rnles.
(ZJ All persons subject to this Act other than offi;;ers. warrant officen
alld nOli-commissioned officers shall, if theY arc not persons in rtsp..:ct of whom
a notification or direction under suh-section (II is in force, be detmed to be 01 a
rank inferior to that of a nOllcommissioned officct'.
ComlD~OOitll of. Every person subject tothis Act under seclion 2, sub-section W, cJause(c).
offK:~rs of shall, for lhe purposes of this Ad, be deemed 10 be under the commandillR
,"'....
certain
officer oi the cocp5,unit or detachment (if allY) te whh;h he is attached, and if
he is not attached to anY CQl'ps, unit or ddacl:menl, under t1,e command of any
offictr who may for the time being be named as his COIlunanding officer by the
officer t:ommanding the force with which such IJtr'SOfl may for the time being
be seninfl, or of any other ~rtscribcd officer, or, if no such officer is named or
presetibed, under tbe command of the said officer commanding the force:
Provided that an officer commanding a (cree shall not place a person unrler
the command of an officer of official rank inferior to U13t of such person if Ihtre is
present at the place where such person is any officer of higher rank Wlder
whose command he can be placed.
Officel'110 5, (1) Whene\"er persons subjed to this Act are serving whether within
eltrCil~ or without the Union of Burma tinder an officer not subject to Ihis Act the
pow~1'1 in
certain cue. President of the Union lIlay prtScribe the officer by whom the Jlowers which,
under lhis Al.i, mal' he exercised hy officers comll1andin~ units, shall, as regarrls
such persons, be exercised.
(Z) Tile President ci the Union may confer such powers either absolutely or
subject to such restrictions, reser\'alions, ex\,.'t:p.ions and COnditions as it rna,
think 61.
Defi.DiliOllI. 6. In this Ac4 unl~ there is something reIJI1Jtnant in the subject or conteJ~-
(I) <l adi\'e service", as applied to a pen"-l subject to this Act, meJ.llS
the time during which sn..:h person is atLichcd to, or forms p:u1 of,
a force which is i.n operations against an enemy, or is engaged ill
warlike operations in, or is on the line of march to, a country 01'
place wholly or partly occupied by ;'In enemy, or is in mililan'
occup;'ltion of any fo:-eiJtn country, and inchKles in respect of a person
.ubject to this Act attached 10 or forming part of a force which is
about to be or has recently bt'en on snch active service, such time as
the President of the LIllian may, by notification in the official Gazette,
declare to be acti\'e service in respect of such force;
(Z) "air force custodv" means the arrut or confinement of a persoo
according to the usa:!es of Burma military and air forees, and
includes mili1at} custody; .
(3) .. air ft:lf'ee reward" includes :m}' gratuity or annuity for long ~
or flood conrlncl, :lny good conduct p:ly, good senice payor penSJ()/l,
and any other :Jir force pecuniary reward; .
(f) It air force offence" means any act or omission made punishable by
this Act ;
(5) " airman" ffif'anS any perwn suhject to this Act other than an officer;
(6) "civil offence" means :ln offence which, if committed in the Union of
Burm:\, would be triable b}' a criminal Court;
(1) "conlmandinJ.! officer", usetl in rel:ttion to a perSOn subject to this Act,
means the officer for the time being ill command of the unit or detach-
ment to which snch person belongs or is att:lched i .
(8) "corps .. means any bodv of the Burma Air Force whkh is pr,~c(lbe~
as a corps (or the purpoees of all or any of the provisions of thiS Act ,
(9) .. COLrt-martill .. means a court_martial held undtr this Acl ;
125
CIO) "criminal Court" means:\ court of ordinary criminal justiee in the
Union of Burma, or estalJlished elsewnNe by the authority of the
President oi the Union;
(tIl 'I enemy II includes all armed mu~inecrs, al'rnell I'ebds nrme<l rioters
piratt's and any person in armsaj.!ainstwhomit is lhe'duty of a perso~
subject to na,'al, militarY or air force law to aet j
(12) U non,commissioned cfficer" means it person attested under this Act
holdin~ a non-commissioned rank in the Burma Air Force, and
includes an ;l,cting non-commissioned officer;
(13) .. notification" means a notification published in the official G~zelte ;
(14) " offence" means any ael or omission nude punishable by any law for
the time being in force;
(1S) ., officer II means an officer of any of Bunna naval, militarY or ::tir
(orces, but does not include a warmnt officer or non-commissioned
officer;
(J6) 'I officer of the Burma Air Fortye" me~ns a person commissioned,
j:tazetlcd or in pay as an officer tl the Burma Air Force;
(17) II prescribed" means prescribed hy rules made under this Act ;
fI8) .. sltperior officer ", when used in relation to a person subject to this
Act, includes a wan'ant officer and a non-commissioned officer: and
as l'eftarc!s persons placed onder his order, an officer, a warrallt officer
or nor.-commissioned officer of any 01 Bunna naval, military or :'Iir
Em'cc i
(J9J " unit" me.'lns any body of the Burma Air Force which is presaibed as
a unil for the purposes of :Ill or any of the provisions or this Act ;
(20) .. warrant officer" means a person appointed, gazetted or in p:iY:lS a
w:trr:tnt officer in the Burma Air Force; and
(ZI) all words and expressions ll"ed herein and defined in the Penal Code,
and not hereinbefore defined,shall be deemed to have the rneaninas
respectively attributed to them by tbat Code.
CHAPTER II.
Procedure
7, Upon the :tppearance bef'll'e the prescribed enrol1il'~ officer of any person bcl'-t tnrol
desirous of bein~ enrolled. the enrollin~ officer sh.1l1 read :tnd explain to him, or ling offict1'.
cause to he read and explained to him in his presence. the conditions
of the service for which he is to be enrolled; Md shall put to him the
questions set forth in the prescribed form of enrolment, and shall, after h:wina
autioned him that if he makes a false answer to ;'IIlY such question he will be
liable to punishmellt under this Act, record or cause to be recorderl his answer to
each such Question.
a, If, after complying with the provisions of section 7, the enrolling officer is ElltolmCllt.
sati,fied that the p.:rson desirous o( beinjil enrolled fully nnderstands the questions
put to him anll cons.:nts to the conditions of service. and if he perceives no
illlpcdiment, he shall sign and shall cauIC the person to sign tbe enrolment
pilper, ami such peTS;)n :ihall be the:1 deemed to be enrolled.
9, Every persOn who ha.. for the space oi si:rc nloillh, heen in the receipt of Praamption
any air force p:ly ancl heen horne all the roll" of any unit raised in the Union of in cutaia
Burma by tbe President of the Union shall be deemed to have been dblyenrolled. ~
1lOt"'itbstandi,n~ any i1I~Rality or irregularity in his enrolment.
..
of Cllrolm.nt
126 B"rlnQ A.i, Fo,u fJ)iJd;tiltll.
PeflOn. to be 10. The following f:ersons shall be atte.ted. namely,-
att~ted.
(a) aU persons enrolled as combatants;
lb) :III other enrolled p(J"SOIiS prTscribed by Ihe President of the Union.
'lode nf 11. (1) When a person who is to he attested is reported fit for duty, or has
litelution. completed the prescribed period of pl-obation, an oath or :r.ffirmation sban be
administered to him in the presail>ed forn. by his commandil1j! officer in froot of
his unit or such portion thereol as may hi: pn.:sen1, or by anr otber prescribed
person.
(Z) The lonn of O<llh or affirmation shall be ;lS prescriber{ h)' the President
of the Union from lime to lime and shall cont3in a promise that the person to be
attested will serve: in the Burma Air Force and 11:0 whtrever he is ordered by air,
bod or sea. and lhat he will obey all comrnan<b of any officer set over him, e,u
10 the J:edl of his life.
rJ) Tilt fact of an enrolled person. h;lvin~ taken lhe oath or affiruWion
mrcclell by this sa..1ion 10 be taken Ih,,11 be entered on his enrolment paper, land
autl,entkated by his signature and b}l the signatW't of the 08ker administeriD~
the oath or affirmatjono
Dismi.ul by 12. The President of the Union nuy 3t any tim~ <ljsmiss from tbe semce
Presidcllt. 3ny persOn subject to this Act.
Di.millOll by 13" The Officer CommandiflS!: the Burrol Air Foret, or any pR.'lCrihed of6cff,
the Officer may at anr time dismiss from the service :lny penon subject to this Act
Comn.a,ldi,,1t:
or prescribed other than an (Officer.
officer
Di,;bartc. 14. The prescribed authority may, in conformity with ;lny rules prescribed
in this bebllf, dischar~e from the service :\!lY pel'$()O subject to this Act.
cetti&cat~ IS..-\oy enrolled 1 erson who is dismissed er dischar(ed from the semce shall
~I::::f .- be lu 'nishcd by his l~('"mn'anc'inll officer witb a cerli6cate sr!!ina: forth-
dilChaf;;cd. (II the authOlity rlismissinR Of t1is:har~inc him i
(b1lhe cause oi his rliSlllissal or dis~'harce ; and
(e) the full period of his service in tbe Bunna Air Force.
DllCharge 16, (I) Any enrolled person whu is enli:led uncler the couditions of his enrol
lUld di.mh- ment to be disclla:'ged, ("f whose t1ischar~e is ordered by ccmpetent authority, and
sal 0111 o( Ille who, wben he is SJ tnlitl-.:d or ol'd('loecllo be discharjled, is servinjlout of the Uluon
t1nion of
BUrIna. of Bumla, and reques1s to be sent to the Union of Burma shall, before being dis-
charl;e<I, be: s~nt to the ~niun of.Burma wil~ 01.1.1 cC:llvellient speed. .
(2) Any person subJect to thiS Act who IS dlsml~(l [roo} the sen'ice and who,
when he is so disillisseo, is scr\;ng out of the Unioll of Burma, shall he sent to the
Union of Burma with all convenienl speed:
Provided that, where an}" such ~rsoll is sent~llced 10 dismissal cOlllmned
with 311Y oth~ punishOlenl, socb other punishment, or, inlhe ,,:ase of a sentence of
imprisonment, a porlioll of SUdl other ,"unishmcnt, may be i}18icted before he is
t;ent to tbe Union of Bunna.
Rechtdioa. 17. (1) The Officer Cumroandin& the Burma. Air Force, or any presaibed ofticer,
may at any time recluce any warnnl officer or anJ n0n.-eomruissioned oSicer to a
lower jlrade or to a Ic.wer rank or to tbe ranks, or anr airman other than a warrant
offi~r or lI"l_commiss!oned odil-sr 10:l lower dass III the ranks.
(1) The com~ndingo!Uce~' 01 an actine: non"l.'On~!ssioll\.-d eDictr may order
him to re\'ert te IllS ~rmanent grade as a nOllcC'nlIDlSSloned otiicer, or if be bas
no pc.rmanent pde above the ranks, to the rank$.
Bwma Ai, For" (Distilli.,). 127
CHAPTER Ill.
PUNISHMENTS AND PENAL DEDUCTIONS.
9. Where in respect of any offence under this Act there is s~erified a ~ar Powcrlo
titular i-unishment, thtre may he awarded in rest:ect of thai (,H~nCt: instead 0( '\If'3rd Iown
soch I articular punishment (but subjed to t!le other provisiOf'S of tbis Act as 10 pUllbhmfnl'"
punishments and regard hein)t I,ad to the nature and degree of the offence) any
One punishment lower in the above scale than the parti\;u1ar punishment.
20. U) Where any person, subject to this Act and under the rank of warrant
officer on adi~e serricc 1 is )tuilty of auy offence, it shall be JawfcJ for a cowl-
marlial to a~-ard for that offence any soch punisbment as may be prescribed
as a field pWllshment. Field punishment shall be of the cbaracter of pellOr-al
restraint or of bard labour but sball not be of a oature to caust injury to life or
timbo
(2) Field punishment sllall. for the purpOse d commutation, be deemed to
stand in tbe scale of punishment ned btJow dismissal.
Retention 23. When any enrolled person on active service-has been sentenceo by court-
In the ranks martial to dismissal or to imprisonment, whether combined witb dismissal or not.
01",_
convicted on the prescribed officer m:1y direct th2t such person may be retained to Sl!rvc in the
active ser- ranks, and where: such person 11.15 b.een sentenced to imprillOnment, such serrice
rico. shall be reckoned as part of his term of imprisonment.
24. (J) The President of the Union may prescribe the minor punishments to
wt.ich ~rwns subject to this Act shall be liable without the intcrTtntion of
a c01ll'tmmial, and the cRicer or officers by whom, and the extent to which,
such minor punishments may be awarded.
(Z) Detention and, in the case of persons subject to this Act on active scn'ice,
any prescribed field punishment may be specified as minor punishments: .
Provided t1lat-
(4' the term of stich detention or field punishment shan not exceed twenty.
eight tlays ; and
(hI detention or field punishment shall not he awarded to any person of or
aoove the rank of non-eommissioned officer, or who, when he com
mitted the offence in respect of which it is awarded, was of or above
such rank.
(3) The provisions 0( sections 76, nand 78 shall apl1ly to the proeeediags
of offiCttS empewrred to award minor punishments under this section as if such
officers were CQurts-martialled.
Dcd.udioa. 25. (I) The followinK penal deductions may Oe made from the ~y and allow-
lrom pay and allces of an officer of the Burml Air Force, that is 10 say,-
allowance.
(0) aU pay and allowances due to an officer who absents himself without
leave or overstays the period for which leave of absence has been
gr<\nled to him, unlesS:l satisfactory expli\nation has been given to
his commanding officer and has been approved by the President of
the Union i
(b) any!iUm required to make Rood such compensation for anyezpenses,
loss, dama/ole or dt'slrnction ()('ca~ioned by the commission of :loy
offence as may be determined by the court-mltrtial by whom he is
convicted of sucn offence;
fd any swn required to m:\l.:e good Ihe pay of any officer or airman which
he has tmlawfully ret:tined or unlawfully refused to ply i
(d) an)" sum required to m:tke good any loss, d:tmage or destruction of
public or sr.rvice properly which, after due in\"cstiiatioo. appears to
the President of tbe Union to hll.ve bun occasioned by any wroogful
act or n~gli~ence on the part of the cHicer.
(1) The following penal deductions may be m:tde from the pay and allow-
ances of :tn airman, that is to Sly,-
(o) all p'lY and i\lIowances for every day of absence either on desertion or
without lel1\'<!. or;l.S a prisoner of war, and fOl' e\'ery day of impri-
sonment or detention awarded br a criminal Court, a court-martial
or an officer uercisinlt authority uuder sedion 24, or of held punish.
ment twarded by a COQrimarlial or such oHicer ;
B"rlll; Air F"rc; (Di$citliIlC), 129
(6) all pay and allowances for every d;ly whil~t he is in custody Oil" ch,,~e
for an offence of whio.:h he is afterward' convicted by criminal
Court or l:ourtmartial 0.1' on a charge of abst'lH:c without Icave fnr
which he is aftel'war:ls aW:\I't!ed ill1prisonmeMt, detention or I;eld
punishment hv an efficer exerdsing authodty um!er section 24 i
Ie) all par :11111 ;\llol\':'Ince~ for cvery day 'bn which he ill in hos~ital on
:'ICCOlmt of ~ickncss certit;e(1 by the medic]1 oflicer attelldill~ on him
to h lve been caused by an offence ulldel' this Act COllliniited by him i
(d) lor every day Oll which he is in hospital on account of sickness certi
fied by the medical officer alterl(lin~ on him to have been cau'iC(1 by
his own mi.sconduct or imprudence, such sum :IS Ill"y he prescrihed i
Ie) all p;1y and allowances ordered hy a courtmartial to he suspended or
forfeited; ,..
IfI any SU11\ o1'<Iered by a court.marliallo be slopped;
(t) any sum required 10 make Aood such compensation for lilly expeness
cause<1 by him, or (or allY loss of or <1am:\l.~e or dcstl"udioll done by
him 10 any arms, ammunition, ('lll1ipment, dothing, instruments,.service
nectssaries, (lr military decoralioll, or to any hllildin~ or prop~IYI as
may he awarded hy his commall<linlt officer;
(II) any sum required to pay a fine awar<!ed hy a criminal Court, a ccmrt
martial ex~rcisillR juriscliclinll untler section 57 or an oBicer, excrcisinK
authority under section 24 :
Provided that the total deduction from the pay and allow:mces of a person
Stlbject to this Act made under clauses (.:) to (,), both illl::lusivt", sha 11
not (except ill the calC of a person sentenced to dismiss.,I) exceed in
anyone month onehalf of his pay and allowances for that month.
ExJ!al/aliotJ.-For the purposes of clauses In) and (b)-
(i) no person shall be treated as ahs..:ut, imprboncd, or detained, tlnl68
tbe absence, imprisonment, or detentiOn has lasted six hOUri or
upwards, except where the absence prevcllte<l the absentee from ful
fillin$( any air force (lUll' which was thereby thrown on some other
pereon i .
(ii) a period of absence, imprisomnent, or deh:nlion which commences before
an<1 end!! after midlli"ht m:;y be reckoned as a day;
(iii) the number of days shall h:: reckoncd as from lhe time when Ihe
absence, imprisonment, or detentiou cOmm..:nces ; ami
(ivl no period of less than twentyfonr hcmrs shan be reckoned as more
than one day.
26, Any sum aulhorized by this Act to he deducted from the pay and allow.
ances of any person may, wilhout prejudice to any other mode of recover;nl the lrom public
Dol''''''''
Inoncy oUlcr
same, he deducted from any public money r1u~ to him olher than a pen$ion,
than ra"
27. Any (kduction from ray and allowances authorized t-y tllill Act may he Ncmi,don
n:Olitted in SUCh manner and to such extent and by such authority as may from ofdcduoo
til1le to tim~ be prescribed, lion.,
28. In lite case of all personS subject to this Act being prisonc:rs of war, Provi~Qb
whose pay and allowances have been lorlt'ikd under Scdit>1l 25, hut in respect of IVI eII","-
whom a I'cmission has been mad~' uncleI' seclion 27, il sl!all he lawful tlanb of
rritoncq 0{
nohliths1an(lina any proTision in anyellaclmeu( or :lny rule of law to the conlrary, .....t.
{or prOlkr provision to he made hy the prescribed authol'i l ks oul r I surb I ay alld
allo~'allces for any <!q;cllliants of sUI,;h pcrscll and any stl\:h rUllission shall in
t1,at case be deem.:d to apv1y only 10 lilt: balal1'Cc UlCJ'(~afttr ,.maioma oi sucb
pay and allowances,
9
130 BII' ma A.iI FOl'a (Diui/li",l.
,-
Unllllib.
lions
29. The ,ay of an officer or airman of the Burma Air Force shall be paio
ori&ed dedIlIoo without any tkductiOll ('fher than the dcduetioD$ authorized by Ihis Ad or by
any ('tber tuadmrnt for the time heine in force or prescribed Loy the President of
tbe lfnion.
CHAPTER IV.
AIR }o'OIlCE Ot-rINCI$.
Service 31. Any person subj.:-ct to Ihis Act who--
oK.-
(Il1niWble (a) shamtfully ahandons or deliva'S up any ganison, fortrtss, post or ruard
_ilb dalb. commftted 10 his dlarg.... or which it is his duty to defend. or
(b) shamefully casts away his arolS, ammunition or tools in the presence
or the enemy, or
(c) treacherously holds comsprndcncc with or aives intellia;~nec to the
enemy, or treacherously or thro,,~h cowardice sends a fiae of truce
to the enemy, or
Cd) a"ists the ~nemy with arms, ammunition, or supplies, or kno\l'ingl1
harbours or protects an enemy not beine a pris!>n(r, or
(,) hav:ne Men made a pris>nc:r of war, voluntarily serves with or
voluntarily aids the enemy, or
(Jf voluntarily docs wl',ell on actin smi any act calculated to imperil
tbe success of Bunna Furcts or any j:art then:oi, or
(t) treafilu; usly or shamefully causts Ihe caplnre or dulruetion by the
eUl'Iny 01 any of the Government's ain:rtfl, or ,
(h) Irt:lcllcrously givt.s any false air sia;nal or .alters or interferes with any
air signal, or
(,) when ordered by hie; suprriol" officer or otherwise under or{len to carry
out any warlike operation in the air, treacherously or shamefully
fails to use his utmost ucrtiOIlS to earry sllch or~ers into dfec4
sball be punishaNe with tleath.
SeTVKe- 31. Any person subject to this Act woo, on active servlor.-
oK_
rllnisD<lble (aJ with.:ut urders (rom his supt.'rit'r officer leaves the lanks in order to
wltb lonll seCl:rt ..riSOllers or horses, or on p 'etcnee of t'lkin" wounded men to
Impd:lono the rear, or
meat. (b) withCtut orders from hi' sup,:ri 1r officer wilfuny destroYs or dama~es
any prorerty, or
(c) :s taken pris~:mer by want 01 due precaution or thro~Jh diSObedience of
ordtTs or wilful n('~k'Ct of duty, (If, haling been taken priS?ner, fails
to n:;oin Burma {)efelll:e Service wt-en able to rlo v, or
(II) without due authority either holds correspondence with or i:ives
intelligence, or sends a ll..lR: of truce te the e"emy, or
(,) by word of mouUl, or i'l writing. or by s;enalS,Ol otberwise spreads
reports uk'ulatcd to (rute tmnecessary alarm or despOn(fency, or
(J) in action, 0:' previously to ~oing into action, useS words calculated to
creale :lbrm (,Ir dt'~ponllenl1r, (>l'
(t) ,1lI:~li~ent1y causes the capture or destruction by tbe eMmy of any of
the Government's aiT\.Taft. or
(') when ordt':ed by hi,. superior offic.:r or olhtr\l:iu onder order. lO carrY
out any \I.'arlike oflCrahon m the air, neil;li&ently or t1lrougb other
Miault fail, to IKe his utmost exertions to cartY such orden into
tffccl, or
(11 Dtisbeha... ~s bdOl.'e lhe eutmy ir: such manner as to show cowardice
ahaU be punishable with lon~ imj:risonm~nt.
Bur",a Ai,. Force lni.,i/litlt). III
32. (1) AllY person suhject lo'this Act who trtacheroWlly makts kuown the Service
IvakhwOI'd .fo allY ve~S:;'l 1lot enhtlt:\1 to retcive ii, or Irearherously Itins. Ofr~ltl.'n
wakhword. (hff~'rent fro~1l what he rectiv~d, shall, it he commit, Iht offenCe 0 S'UQi,ha!l1e
active s~rv.I1.'C, ~ pUllls~abk. with d\'ath, and. ii he commits the Oft'li:IIC8 not o:~ mo,.
1IC\"crely It
active s~n'lce, with sholt InlpnY lIment. tommml'd
(2) Any I)(.'r"n suhjn:! to Ihis Act wbo- on acli,c
liC'rvicc.
(11) without (lue nuthorily all!;'rs or iutrrfert's with any air siJ,lnal or
(b} forces a ':lfe~ua\'(l, or '
Ie) torct'S or strikes a sJ:lltinel, or
(til bt:eaks int.o any ho~s.:: or other vlaC\: in seareh of plunder, or
fe) belllJt all amnnn actm'l; as sentint'1, sleeps or is intoxi~ato.:d or
(f) without orders from his superior officer leaves his guard, Picquetl patrol
or IK"st, (r
/t) hy dis;:harging firt'arms, makina: signals, lIsina: words or by any means
whakvt'r, intentionally occasions (als; alarms, or
(11) bring an airman acting as s'.!ntincl, kavu bis posl before he il
nrularly rdie\'ecl,
shall, if he conuni.s the offence on active s~rvice. be punishable Witll lona
imprisonmtnt and l if he commils tbe o!ence 1I0t on active service, with ahort
imprisonment.
33. Any person s"bject 10 this Act who- lknIoo
(,,) by discharginSl: firearms, makin" signals, using words, or by any means offence.
puni.h~blf!
whatever, nt'gligently occasions Jalse alarms, or with short
(b) makes knowlI the wakhwcl'd to any persoll not c-nlitlcd to receive it, impri......
or I without J::ood and sDffident cause, J,lives a watchword different ma,t.
from what he received, or
(c) impedes the provost-marshal or any assistant provost-marshal or any
officer or non-commissioned officer or olber persoll le/o:ally exercisin/o:
auth.,rity under or on behnlf of thr. provosl.marh~al, C'rl when called
on, refu:;es to assist in the execution of his duty the provost-manhal,
the assistant provost-mlrshal, or an}' such officer. non-commilSioned
officer .01' olher person, or . ,
(d) use,; criminal for~e to or conlmits an assault on any person brmgma:
pro\jsions or supplies to the forcel, or commits any oltence againlt
the pr.>perty or person of lny inh3bitant ot or rtsident in the country
ill which he is serving, or .
fe) irregularly delains or appropriates to his own Ulllt or detachment any
prOVisions or supplies proceeding to tbe forcel, conlrary to orders
issued in that respect,
Sb.1J1 be punishable with short imprisonment.
3... Any persOn subject to Ihis Act who-
I(I) begins, incitesl causes or conspires Wit . b any ~lb er persons t0 cau.. any "utilly.
mutiny in an~' of Burma n:lYJI, military or all' forces, or
(b) joins in, or, beinil pre.ient, does not use his utmost elldeavourll to
suppre~s, an)' such mutiny, or
eel kllo\\'in~ or having reaSOll to uelie\e in the existence of aD)' such
mutill\', or of any inlention to commit 5uch mutiny, or of aoy ~uc~
collsplra.:y, doe,; not, without delaY, live information thereollo 1111
commandjn~ or other su~rior officer, ILIUbor.
shaH be punishable with deatb. dhlJtioa
35. Any person lubject to this Ad whe>- runieblbh:
wilh IOJII
(a) uses criminal force to or assaults bis superior offic:er, be:n.l in the ipriloo-
executioll of his office, or -'-
BMI'M4 Ai, F()I'a (Dis~iNiru).
(6) disobeYS in such"manner as to show a wilful defiance of ;),uthority any
lawful command I.tiven personally by his superior clicer in the
execution 01 his office,
shall be punishahle with lona imprisonment.
InSlIbor 36. Any pers~n subject to this Act who-
dillation (II) uses criminal ioree to or assaults his sllperior officer, or
ptlniJhabie
_N (6) uses threatening or insubordina!e I.mj,(uaRe to his su~rior cflicer, or
verdy if (e) disobeys any lawfnl command given by his superior officer, shall, if he
committed commits the offence on active ~ervice, be punishable with loog
on adive imvrisonment, ancl, if he commits the olJence.not on active service,
1U~k:e.
with sbort imprisonment.
I'subof- 37. Any pers:>n subject to this Act wher-
dinaUoa
pllnbhable (al being concerned in any quarrel, affray or disorder, refuses to obey an,
with Jhoct dncer Hhongh of inferior rank) who orders him into alTts~ or uses
impriso& crinlin.11 force to or assauhs any such officer, or
lIDent. (6) uses criminal force to or ;usaulls any person, whelher subject to Ihis
Act or nol, in whose custody he is placed, whether he is or is not his
superior officer, or
(e) resists an escort whose dllty it is to apprehend him or to ha"e him in
chan~e, or
(til being an airman, breaks out of barracks, camp or quarters, or
(el neglects lo obey any general, !OC;l! or other orders (not beinR orden in
the nature 01 a rule 01' regulation publisJled for a &endal in{ormatiOll
and ~uKL1nce or the Bunn:l. Air FOI'ce),
shall be punishable with short imprisonment.
38. Any person suhject 10 Ihis Acl who deserts or attempts to desert the
service shall, if he commits the offeuce when On :lIclive service or under orders
for aclive service, be punishable \l"ith long imprisonment, :l.ud. if he commits the
offence unctcr any other cirrumsbncu, with short imprisonment.
Fra:halmt 39. Any persoll subject to this Act who, whell belongin~ 10 the Burma Air
enlistmtnl. Force, without ha\'iuJ:: oht:'lined a regular ctischarll:e therefrom, or otherwise
fulfilled the comlitions enab1ina him to enlist, enrol or enler, enrols himstlf, or
cnlists in or enters any other of air forces, or any of Burma military or naval
forces or reenrCl!S himself in Ihe Burma Air Force, shall be deemed to be guilty
of Iraudulent enlistment, ;lnd shall be: punishahle witll short imprisonment.
Connivance 40. Any person subject 10 this Ad who, beill~ co~llisant of any dtS~rtjoll or
at dtlrrtioll. inlen(led ucsertion ot '" p.:rson suh]Ccl to Ihis Act, (IOl'S nollorthwith Rive notice
to his >mm:lOding offi~r, or take :IOY sleps in his power to cause Ihe dCSlTter (I('
intendinlt: deserlcr to be i'lpprehended, slmll be punishable with sbort
........
fmlll dill)'
imprisonment.
41. Any person'sUhject 10 this Act....woo-
(a) ahscnts hil1'sdf \I:ithout !eal'e, or
_ilbout
Ian. (6) b.ils 10 appear atthe lime 6xed at:a par:ldeor placeapp)intedfor
uerdse flT dalY, OT ~oes from Ih~nce without leave bdo~ h~ is
relit\...d. or withcot nec~s>ity quits his (luly or duties, or
(c) being an aIrman, wh~ ... in camp or It::lnison or dsewhere is found
~)'ond any limits ti.xe~1 or in :lny Illace ,l,rohihited by :In;' general,
local or other order, without a ra.s~ or wntten leave from his superior
officer, or
(.1) being an ainn:ln, without leave from his superior officer or without
due causes, absenls himself from any school when dulyordereu to
attend tbere,
sball be punishable with shod imprisonment.
S.,rma Air Fur" (lnscillillt). I3l
42. Any officer or warrant officer subkct (0 1111. A.;: wr.o hehaves in a ScaftdalOlll
manner unbecoming his position and d.aracter shall, not""ithstantlinJ{ ,nl,thing COft6tU:lof
contained in section 19, be ciismissed from the service. .ofJic.er.
45. AllY pm;on subject to this Act who is ioulld in a state of intoxication, IntodcatioD.
whether on duty or not on dulY, sball be ~unishable, if an ollicer,with dismissal
from the service, and, if an ainnan, with short imprisonn:ent :
Provided (bat where the off~nce oi being intoxicated i, committed h)' an
airman not on active service or on duty, the senlt:nee imposetl shall nol exceel!
detention for a period of six months.
Irregular
ktepini ill
.7. Any penon subject to Ihis Act who-
cllstody, (Q) unnecessarily detains a versoll in arrest or confinement without brillJlinll!
him to trial or fails to bring his case before the pro~'T authority
fOf inv~sli~ation, or
(b) having commilled a person to the custody of any cffil.:er, non.
commissioned officer, pn.\cstm;lrshaJ, or assilant provost-marsha~
fails without rt'asonable l"3l11e to deli\"er at the time of socII
commitlal, or aj Kon as vrat.1icahle, and in any case within twenty.
fOllr hours thereafter, to the officer, nOll-::ommill~ioned cfticer,
provosI.mar..h"J, or assistant provost-marshal, into whose cuslotl}'
the iJCrliOn is committe(l, all ac(ount in writilllZ higned by himsdl
of the I ffen,t.'S with whidl the per~OIl so committed i~ 'harged, or
(c) bein!: in J,;(,mmand of the guard, does not as soon as he is relieved from
hill guard or (1m)', or if he i,. not sooner rdievcd, \liU1in twentY.(lUl'
hi un after a person is committed It> his challl:c, ~ive in writing 10 the
dliccr to whom he may be ordered to rtport thai person's name and,
offellt:e so Jar as known to I,im, ..nd thp. name and ranle: of the offiw
or other perlOn b)' whom he was charged, accompanied, if he has
received the nct:ounl :l' ahove in this sedlOll mnltioned, hy iht
account,shall be punishable with short imprisonment.
.f8. Any person subject 10 this Act who, bt:ing ill lawful custudy, escapes
Jr attempts tn escaiL, shall be pmisllabJe with short i01~risolllnellt.
Attempts. 55, AllY pel"!'Oll subject to this Ad who attempls to colllmit an air force
offence or to ('au~e such all r.ff"ellco; to he committed an<1 in sm:h attempt does
any ad towa:"cls the commi~siOll of the Offl'lll'e maY I where no expre~s 1J1'o~'ision
is made i'lylhis Act for lh~ pUlli~h\llent of sudl aHenwl, he punished wiih the
pUlli~hll\ent provided in Illb Act for sllch offen('t',
Abetlllent. 56, ,\ny perSOll suhjn'! to this Ad who ahds the l'olllmission rf any ait' force
offence, at' of any offence VIl;li.hai-!e undl'r llle Burma Anny Act, the DU:1na
Nl1'al Disdplinc Ad, the Burma Nanl Vohmleel' Rescl'1'e Distil-line Act, 1940,
which is at th~ same natu 'e as an ait, fcll'cC C'lffl'nCC, shall be punishable with
the punishmelit provided ill this Ad lor such air force offence,
Civil 57, (]) AllY person suhjcct 10 Ihis Ad who at anY Ilace in or lleyoncl
offe,~c..", lhe Unif'ln of Burma C0l1l111ilS any d"il off~nl'e shall he deemed to he li:uilty of
an air f(lrl'c offcm:e, allli, if ,harge.1 thl'rewilh Uudel' 'his section, shaD bc liable
10 heJried hy cuurtmartial and 10 ['c l-ul1:~loe([ as kllows, that is 10 say,-
{II} if the C'ffenl't is aile whidl wouh! be punishable under the la\\l; of the
Union of Burma wi!h tltath or wHiI transportatioll, he sliall be liable
to stiffer allY Pllnis11lnenl, oth~'r than whippina, assigned for the
offelKc ry Ihe law of the Union of Burma; and
II,) ill othrr ta<es, he shall No Iiahl~:o suffer any punishment, other than
whippillJt, as~iltnct1 Jor the offence l,y the law of the Union 01 BUl'm3,
or surh punishment a~ might he awal'([ed to him in ~ursllance 01 this
Art ill resped (\f an :,\ct IJrejuclil"al to good ord~r and air torre
.. <Iiscipline, ..
(2) The powers of a courl-martial to chal'lle ant1 tt) punish :Iny pel"SOn under
this section shall not he a((ectcd by !"l'a;OIl o( the ri\"i1 offence with which sl1ch
pel'son is charged being also an air force offent"C.
, l'be p[o,iw to this kclion W,lI deleted by the U"iol1 of 8,rnll ("d~pbtion of Laws)
Order, 19~3_
ll.,.",. Ai,. Force Co;sti'U",).
137
CHAPTER V.
ARREST AND !IMaCEEDINGS BlI:l'OkB TRIAl..
sa. ~1) A~y rP<lrson subject to this Act who is cbar~ed with an offence may
be taken mto air oree custodr.
08ic;:.J Any such peNon may he ordered into "ir forn custody by :'my luperior
, (3J The chan~e aeainst.e~ery ~n t2kin~ into air force custody shall,
without un.necessary del~y, be mvesh~:tled hy the propcr aulbority, "nd :lS loon a.
may be. either ~roceed,"gs shall be taken for punishin~ the offender, or sucb
person shall be dIscharged from custody. .
59. Wbene~er any..pers?". sllbject, to this Act, who i~ nccu~ed .of any Afl'ftt by
offence under tbts. Act, IS w,tllm the ,Juri,diclion of any Mal:~itrate or police chi!
oflic~r, such M:lJ.:lstrate or officer sball aid in the apprehension and delivery auhOTlties.
to ;U[' force custody of such person upon recdJlt of a .....ritten application to
Ih:lt effect siined by his commanding officer,
61. (1) 'Yheneyer a~\, perso~ subject 10 this Act dcse.rts, his commandina
ofiicer shall give written IOformation of the desertion to such civil allihoritiu as
in his opinion, ma)' be able to afford :\s::;istance 1')\\';lrJs the capture of th~
descl1er i and such .mthorilies shall therttlPCIn t.., ke steps for the apJ.TChtnsion of
the said deserter in like mannf'r as it he were a person for whose apprehension a
W3rr.mt had betn issued by:l. l.12iistrate, and shall deliver the deserler. ",h'en
apprehended, to air force ctl.'dody.
(ZI An)' police officer may aftest without warrant any perSOn reasonably
believed to be suhject to this Act and 10 be trayt'llinll: without alithoritt, and shall
hrinl( him without delay before the ne.lre51. Magistra~, to be dealt with accordilla
101.tlRo'.
61. (I) Wh~n allY person subject to this Act has been absent witbont due Inquiry oa
authority from his duty (ot a veriod of twenty-one days, a court of inquilY shall, ab:\.euce
:I.S 10011 as pradkablt', be assem'Heo. and, upon oath or amrmatir,n administered witOOllt
lp,e.
illtllc pr~ribed mallner, shall inquire respectini the ..bsence of the penon, and
Ih... deficiency, if ~ny, of pJ'opel1yof the Goyernment entrusted 10 his C;lre, or oI
bill anns, ,ltl101Uniliol1, equipments, instruments, c1othill~ or necessaries; and,lf
$3.tistied of the fact of such absence witbout due authOlityor other ~\Iffici"'llt
Cluse, the Court shall declare. linch ab!-ence and the pt:rind thertof, and
ibe sai(j deficiency, if any i and the CC'mmandinJt (fficer of the unit 10 wbicb the
~n;on bt:l.>ngs 1I11aU l'nter in (he courtmartial hook of Ihe unit a r~ord of the
declaration.
(Zl If the person decl;lred absent does not ....rterwards liunem1et, or is not
apprehended, he shall, (or the purposes of this Act, be deemed to be a deserter.
62. For the p:ompt "nd instant repres~ion of irrCJ(ubiiliel and offenctS PrO\1)1t.
axnmitled in the field or on the m:lrch, provostm:trshals may be appointed by &antw.
lbt Officer Comm:lndinJt the Burma Air Force and the powers and dnties of such
P'Ot'ost.mlrshals shan be reeulated accor,ji~ to the established CU$tom' 01 \nr
and the rules oC the service.
brt.LChe:' thereof by ~rsons su1lject to this Act. He m:r.y at any time arrest and
del-lin for trial any person subject to this Act who commits an offence and may
1311 BtlM1IG Ai, Force (DisciJt:ille),
also carry into effect an}' pW'/isbments to be in6icted in pursuance of the sentence
of a courtmltrtial. '
CHAPTER VI.
CONSTI1UTION, JURISDICTION ANn POWERS OF Coum-MA'-11AI..
Kinds of U. For the purposes of this Act t:'ere shl1l be three kinds of courts-martial'
courts that is 10 sarr-
martial
(I) gener:tl courls-marli.'t1 ; (2) district courtsmartial ; and (3) field r,tenera.l
courtsmartial.
........ t. 66. A district cOtlf1-marlial may he ronv~ned b)' :lony authority having p:'\\'er
tnn\'cne to convene;a )!.eneral court-martial. or by any officer empowered in this behalf b}'
district warrant of any soch authority,
cOllrls
mntial.
'Limil~'ioa 61_ A warrant inued under seclion 6S or section 66 mar contain such
of rowen rutriclions, reservations or cOAdifious as the authorilr illsuin~ it may think fit.
of f' n\ enl"g
authorities.
COCl\tlIing 68. The followiug authority shall have power to convene a field genenl
of field court-martial, Ihat is to sa)',-
.l!en~ral
court!l- (4) an i\uthoritr empowered in this behalf by an order of the President Ii
mutial. the Union;
(6) on activc service, thecomm,mdini: officer of the forets in the field or
all)" (fficcr empowered bl' him in this behalf; ,
(e) the commandill)! officer of any (Ielached portion of the Burma Air
l"orce on active sen'ice, whell in his opinion it ill not praclic,lble, with
due re}!ard to dis<.:ipline or the cxi}!enl:ies of tht: service, thai an
offence shoull! he tried by a geueral court-mulial, and circumstances
prennt a reference to hi}!her authontr,
Corr.pusition 69, A }!eneral cOllrt-martialllhall consist of not less than five clicers each ~
of ceneral whom must h;n-e held a commission during not less than three wholc rears and of
CO\IrIS whom not less than four musl be of a rank not below that of a (ftrin~ officer.]1
martial,
ComPOSili. 70 A district court-martial shall consist of not less th:!n three officers.
of dillrict
('OUrt,-
m.1Ttial,
Composilton 71. A field general courtmartial shall consist of not less than three oflicen.
of ..,.
ItlIeral
court..
martial.
74, A fitl'lneral 01' lield general court-martial shall have power to try nny JuriaditUon
person subject to this Act for :l.IIY offeru::e made punishable therein. and to pass
any senlence authorized by Ihis Act. ~_rr::
.........
leaeral
~rt.
martial.
7'. A district c)urt-lllarti:l.1 lIhaU have pow('1' to tr)' ;my )If'rllon suhject 10
this Act other lh;l.n an ntlker for any offence made punlshahle therein, and 10
JurlsdietiOQ
and powClf'l
fld.ss any senlence authorized by this Act other than a lentence of l1eath or 01 district
tourls-
imprisonnlf'nt for a term exceeding two years. martQI.
76. When any person subject to this Act has been acquitted or comicted 'ProblbUion
of an offence by a courtnlartial or by a criminal Court. or hns been snmmarily 01 setoad
de;'\lt with for an offence under section 24, he shall not be liahle to be tried apin tri.l.
for the s:lme offence bY:l court-martial.
77. No trial by courtmarlial of :lny person subject to this Act for any Umltatlon
offence (other than an offence of mutiny, desertion or fraudolenl enliJ:ment) of trial.
shall be ee-nunellced after the expiration of three )'ealS from the d;lte of such
offence, and no such trial for an offence of dCSC'rtioll (otllu than desertion on
1u...1ive service) or of fraudulent cnlil::tLnenl shall be commenced if the offender
h1S SCi\'ed continllomly in an exemplary manner for not leas than tbtee years
with an,. (lOttlon of Burma Force.
Ez;llJnaIiOfl.-For the purposes of this section Il mutiny" means any of the
offences specified in section 34.
78, Any person suhject to this Act who commits any offence against U may Hate 01
he tril'ld and punished for such offence in any place whatever. trial.
79. When :to criminal Court and a court.mllrtial have each jurisdiction in 0nIa ,.
l'e'lpect of a civil offence, it shall W in the discretion of the prescribed ail' force _01
authority 10 decide heCore which conrt the proccedinlls 1'Illall he inll(iloled, anfl, "*"'rrenl
Jarildl~lIon
if th;~t autl\OI'jtv dedde~ that they shall be instituted hefore a court.martial, 10 oIctiminai
dir~~t thlt tile a-:c Isd p~rs()n ~hall be det:l.ined in 'lir force cu~todr. Coout on'
........
""""
140 ,Burma Air Forte (Di scijlillll.
l>owtrof 81. (]) When a criminal Court having jurisdiction i$ of opinIOn that
criminal pl"oceedings ('uebt to be inslitultd before itself in res~ct of any civil offence. it
Court to
rcq!rircddi. may, by writtt'n notice, require the prescribed air force authontl' at the option
Yeryof or such autboril~' either to deli\'er over the offend~ to the nearest Magistrate to
offeMC'I', be procteded a~ainst accordinJ.! to law, 01' to poslJ'lOlle proce,edinl(s penc1ill~ a
referencf 10 the President of the Union,
(2) In ever)' such c.'\st the said authorit), ~hall either de!i\'t'r over the
offendf'r in 1,.'ompli:tnCC with the mllllsili'JlI or !>hall forthwith rdC!' Ihe question
as to the e~nrt before whieh tbe proceedings arc 10 he instituted fur the
delenninahon of the President of the Union I whose order upon such refcmta:
shall be final.
Trial by 81. (ll Notwitllslanding :mythin!Z contained in section 26 of the Burma
coort-nmti;d [General) I Chases Al,.1. or in scction 403 o( the Code of Criminal Procedure, a
aobuto persOll l,.(lnvicted or aC(luilted by a court-martial may be :lherwards tried by::r.
h,~\lC:lt criminal Court for the same offence or on Ihe same facts.
~rl~ni::l.1 IZ) If a person sentenced by a COllrtnnrtilll in p:lrsU3.nce of this Act 10
CO'lrt. pUnishment for an offence is afterwards tried by a criminal Court for the same
offence Of Oil lhe same facts, that Court shall, in a\Vardin~ punishment, have
rf'itud to the air force punishment he may already bave undcr:.:onco.
CHAPTER VII.
PROC!DUR! OF COORTS.MA1mAf.
M. U) The convt'nin~ officer, the president of the court, the judac adYOC.1tc Tbe
or the commandin)l Offi':CI' of the ar.cuted pel''Ion, tnay, by summons untler hi~ ,-anI.,
hand, reCll1ire the attendance before lhe OOtlrt, at a time alld place to be ofldtrit~
mentioned in the summons, of any ptl"$OO either to give evidence or to rro,Iuee ~'on ~c
any document or other thin).!:. __.lIb.
(Z) In the case of a witness amenable to air loree, naval or military :lIuthorily,
the summons shall be ~nt to the offioer commanding th\: COt"PI, ,hip. unit
dc~rtment or detachment to wbkb be belon~., :lnd IUCh ot6cer shall krTe ii
tlpoll him accordinaly
(3) In the cue of any other \\itness, the summonl sball be sent to the
Macirtrate within whose jurisdiction he rna, be or rtRd~ and such Maristrate
Sh3lt iJ,"e effect tR the summons as j( the witness were required in the court of
such Naaislrate. ..
(41 When a witneu is require..l to produce any particnL'U' document or other
thing in his possession or power, tbe summonball desaibe it with reasoaabte
precision.
(5) Nothing in this sectioo sbaU be deemed 10 .Heet the Evidence Act
teelions 123 and 124, or to apply to any document ill the custody of U.e postal or
teJetrapb authoritics. .
(6) If :'lny document in such custody is, in the opinion of any Di.trict
Magistrate, Hiah Court or Court of Stssion, "'-anted for the purpose of aV'
court-rn:\rtiaJ, such l,h.Jtistrate or Court rna, require the postal or telcanpll
authorities, M the case may be. to deliver such etOCllment to suclt penon as such
Mnll.istr:\te or Court m,v direct.
(7) If any such document is. in tbe opinion of any otller lol'aiistrale or of auy
Commissioner of Police or District Superintendent of Police, W:'lnted for any .uch
purpose, he may require the postal or ~eleg.raph aulbOlities, a. the ca~ may be.
to cause search to be made for and to delain .uch doI:ument pending: the order.
of any SUCh. Dislnct Magistrate or Court.
Condcl:on 90. (I) A person charll;ed bef"n! a courtmartial with desertion may be lound
of (lilt oifcnce Ruilty of attempting to desert or of being absent wilhont leavt',
perminible (2) A person dmged ht:fore a courtmartial with attempting to desert may
nn charge of be fOUlld guilty of dcsertion or 01 being ahsent without leave,
another" (JJ A pel'SOn charJ:ed before a coul'imartial with usin~ criminal force Illay
be found guilty of =!.ssault,
(4) A pl'rS'ln c1nrg;.od befor<i II cOll:'I-ma'1ial with using threatening langu.1ge
may he found ~uilty of using insubordinate lan~t1age.
(5) A person ch:lrged hefore a CQlIrt-mal'lial with any of the offences
specified in clause (ai, clau~e (bl, clau,;!:: (d) or clause (e) of section 43, may be
kllnd guilty ot any othel" of lhese offences with which he millht have been
cbarged.
(6) A person chargd before a court-marlial with an offence puni~hable under-
St."etir n 57 may be hund l!uilty 01 any other offence of which he might have been
found J:tuilt), if the provision~ of the Code of Criminal Procedure were
applicable,
(71 A person charged before a courtmartial with any other offence under
this Act may, on iaiJure of proof of an offence havin;.! been committed in
circumstances involving a m0re s.::vere punishment, be found guilty of the same
,fence ;IS ilwing been committed in circumstances invol\'ing a less severe
pUllishment,
(8) A l erson charg;:tl hclon: a court.marliaI wilh any off.. . ule undet-IIJis Aet
lIlay be found guilty of l.a\'ing attempted to cOllimit or of abetment of that offence
altbouah tbe aUempt or abetment is not separat'.ly cbarxed.
B",,,,,, A" FM'ct.(D:It:i~""'. 143
tl. The Evidence Ad shall, .ubjed to the rr<Tfi.iou'l 01 lhis Act, apply to Omenl.
all proceedinas bef<"l"e a court-martial. rllto: ~1o
tvidCDCt.
92. A court-martial may take judicial Itoti~ u any matter within lhe J"'kla!
aemeral nanl, military or air JOlce inowled"o: of the membC'n.. 1tOUc..:.
93. 10 any proceeding UDdtr this Ad, any application, certificate, wamllt, PrnIIll:lJlUoll
ret-Iyor other document purportilli:! to be siened by an officer in the tel'Tice of the 111 t,) lieu-
GoTcrnme"t shall, on produdion, be pn'swne<: to have bet:n dulJ signed by tbe tntl.
persoll and in the ~haraeter by whom and in wbith it pu"ports to haYc bccn
si~ned, until the centrary is shown.
94. Ally tnrolment paper purporting to be signed bJ an enrolling officer shall, En.rollDC':llt
in proctcdiniS under Ihis Act, he evidence of the person enrolled haYing Kiven the paper aI
answers to qllt'ShOIlS which he is therdn represented as baring ,,:.veil. The niclclK'e.
enrolment olsudl prrson maybe proved bytb~ pt'oUtIl..1ion of a COlY ot hi, enrol-
ment raper purpor.ing to be c,:mined to be a true copy by the officer havina lh.
custOCY oi the enrolment l2pf:r,
95, (l) A letter, return cr other document rtS~iog tbuemce ohn)' perIOD I., IIg..
in, or the dismissal ordis:ha'l!:e of any penlll from, any ~ion of Burma Forces, .. toeat:aia
or respecting ttoe cireumsta~ of an, person not ba...iua: served in, or +n '
belonaw to, any portion of Barilla F"refs, if puIllOrtina: to be tiped by or ('n
behal of the Prt"sidtnt of the URio11 or by any prtsaibetl rf&cet, shaU be nidtnce
ohlle facts stated in tuch letter, return or other document.
(2) All AmlY List Naty List, Air Force List or Guetle purporting to be
puhli~heli by author;ly ,hall be evidence oI the status and rank of the e8ic:ers or
warrant offi:crs therein m"'1ltiollcd, and of any appointment h\ld by sucb ol'K:crs
or warrant offi.:ers and of thc cor.s, unit, ship, battalion, a:'11l, branch or deprt.
~t of lhe service to which such oftioers or warrant officen helol/a:.
(3) Wht:re a n:cerd is made in any serYio:: blxlk in puosuance of this Ad. cr
01: any rules made tb~reulldel" or oIherwi,~ in pursuance of air force duh. :\nd
purporb Lo be si~n~d by the commandln~ ef6eer or b)' the I Sicer whose ;:U1Y it
i$ to make such rt:Cotll, sw;h reconl shan be evidence of the fact, therehY btate<1.
(4) A copy of any rccord in any service book PUrporlil'K to be certified to be
11 true cor-Y by lbe eSker haviolt the custody of liUCb book ShOlIl be evid~-nce of
such teCOr',!.
(51 Where any ~rson subjtct to this Act is beinK tried on a ebarae of dela'-
tiol.lorof abs:nte without leave, and sucb person has surrendered hilDKlf into tb.
custojy of, or has been apprehended by a Pl'f"jv05tn~r$hal. as...i:.lanl provost.
lTlarsh:l1, or other officer, or by the comm:ln<li:llt officer of that portion of
Burm \ Fo:-ces and stalin~ lhe fact, date and place of such surrenrer or
apprch::'n~ion, shall be evidence of the matters so slated.
(61 When any person subjed to Ibis Act is beine tried 00 a charge of dcser.
thn or of absence without len~, and sucb per.iOtl has surrendered himself into the
custody of or has been apprehended by, a police oaber not below the r.tnk of an
of&;er in eharg~ of a p')lice station, a errtifiC<lte purporting to he siltOrd b). iUeb
~lice officer Md s:.ating lhe fact, "ate and place 01 such lurreoller <r apprchen.
I'OD,shall he evidence of the matters stated.
111 Any document purportillJ~ 10 be a report under tbe band 01 Ollly Chemical
E~a,,"iner 01' Assistant Chemical Examiner to Govunment upon any matter or
thinll; rtulJ submitted to him for examinatiOn or anaJ)'Sd and reportwy be used
as erideAce in any proc;eedioa under this Act. .
H4 BWllla Air For,;e {Diuilli.,l.
fcef~renu by 96, (tl II nt :tDy trial for desertion, absence without leave, oYcrstayinl: leave
;accused 10 or nol rejoinilll: when warned for servil:c, the person tried states in hi'defence
Go\cmm~llt any sllffkient or rC15f'1l1ahie eXCll:,(: for his unallthodl.cd absence, and refers in
officcr,
sop""r! thereof to an}' offi-:er in t'he s~l"Vice of the Government, or i{ it appears
that :tllY sUl,;h officer, is likely to prove or displ'OI'e the 5.1id statement in the
defence, the cOllrt shall nddress ~uch dfi:er and adjourn until his reply is
ret.:e;ved.
it) The written reply of ;my cfficer so referred to II'all, if signed b)' him, be
rtC(i\'eti in evidence and h:we Ihe same elTect as if made on oath btfon: the
co.ne
13) J{ the emlrt is dissoh'cd hefore the reipt of such reFly, or if the COIlrt
omilsto comply with the provbions of this section the convenin~ officer may, at
his discretion, annul the pr'Cledings and oftkT a fresh trial by the same or
another COllrt-m.1rlial.
E~kItnct of 97. (J\ When any person suhjed to this Act has been convicted by a court.
~~iOUl marHal of any offence slll,;h courl-marti:lllI1;ly inquire into, and receive and record
cOll,ictions
and st~iee evi(lellCC of, :lny pl'eviolls convictions of such Ilerton, either by a court-martial
character, cslahli:-;hed tllH1el' this Ad or allY other enadmellt or hy a criminal Court, and
maY fmther inqnire into :'Inti recorl"! the ser"ke ch:traetcr of such person.
(t) Evidence reeeh'ed under this sc:ction may be either oral or in the shape
of entries in, or certified ~xtracts from, courlmartial books or other oIIkiai
records; and it shall not he necessary to give not ire before trin! to the penon
trierl that e\,idence as to his previous convictiona or l>ervil,;e character lIm be
rt'Ceived.
Order for 98. When any property r~ardin~ which :tny off~llce appear1 to haft been
CU5tody or committed, or which appears 10 tklVtl! been used for the commission 01 .lin)'
dis~ltl'
wthibit offen{.'C, is prorluced before a court-martial dnril1l: a tn:!I, the CQurt may make
I'",,>ai, snch order as it lhinks Ilt for the propcr custody of snch properly pelldinj! the
pendinJ: Irial. conclusion of the trial, and il thl'; prOjll:rty is sub,kd 10 speedy or natn,,,! decay
may, after recording snch evic1enee as it thinks ntl,;t5sary, artIer it to be sold or
otherwise c1ispGsctl of.
CHAPTER VIII.
Powcr 10 100. T\lt. fimlingi 3n<l sentenc~s of general courts-lnilltial may be con6rlll(\1
eMfirm lin-
di.ll'; ou:d by the Pr~~ident of the UniOIl or by any rfficer empowen:d in this behalf bY
unh:ncc of warr;1nt of th~ PresilI.mt of the Unicn.
J;cneul
,ourt-m~rti~1
power to 101, Tho:: findings and ~Clltl,:llces of district (ourb.mar,ial may be confirJl1e~
eon~rm lind- hy any aul hority hadnlt I"')\\"tr to convene a ,'enera1 eourt.marli:ll ('r hy ~nY
iUIt 3nd ..
senlence of c(nccr empowered in this beh:tlf by. \Y2rritnt of anv such authority.
I1hlriclco\lrl-
martial.
145
102, ,\ warrant issued under sedion 100 or section 101 lllJy coulaiu ~t1cb LilllitllJion of
n:stridIOlls, l'c~erv;\lioIlS or conditions ns the authority ill~uiL,l.t it mOlY think lit. loo\\'cr. !II
f;"lIlirlllln~
Illthurilla,
183, (J) Save as provided in suh,sections Itl ;mel (3), a fmdin~ and sentence of COIlfirmatlon
~pdil1g;md
of a nelcl Jt:tneral counmarlinl sh<\11 not req~lire to be cOlllirmeel, and Ill;ly he lIClllencc of
c:lrried out forthwith, tield ~elleral
(2) The Iillclinl! anc1l1enlence of a field ~ener<\1 coltrtmartial shall l'eqnire to cnllrt,m~r'
be confirmecl- tia!.
10... Snbject 10 snch re~trictions a~ rna)' be containecl in ;ln~' warrant is~ue(l I'owcrof
nndel' sC":lion 100 01' sf.."Clion 101, a confirming anthority mOIl', if it cOllfilnl~ the (onfirminl!
authority 10
senlence o( a court-martial, mitii!:ate or remit ll,e punishment therehy a\\"aru~cl, milij,(;lle,
or commute that punishment (or an}' punishment 01' punishments lower in Ihe remit lit
scale pl"Ovic1e(! ill section 18, comml,te
1IC1lIen~.
lOS, Wlle'l allr person snbie"::l to this Ad iF t:ied and sentenced by ,'omt Conlifm~tio"
m:lrtial while (111 bonrd ship, thf> finding and senteuce so f:lr as nol c(lnfil'mecl and of lindh"
and ~ente"ee
exet:L1le(l on ho:,nl ship rna)' hI": COnfirmed and executed in like lI1anner as if sm:h un bo~rd
person had been tfle(l <tIthe 110rt of disembarkation, .hip,
106, (J) Anr findinf,! or sentence of a court.martial which reCluires confinna ae\'i~ifJn of
lioll may he ollce revised by order of the confirming all:horitr ; and on such lin<linlt or
!Ie~'lcnCe,
revision, the cOllrt, if so c1ire:=ted bl' the confirming allthoritr, rna)' t;tkc additional
c\'idenct,
(Z) The conrl, 011 revision, sh:tll consist o( the same officers as were pre~ent
when the original rlecision \\" \5 passed, unlC!ls any of those officel"S al'e llll:l\'oid,
a1l1y absent.
(3) In case of slich lInavoidable ahsence the caU'ie thereof sllilll he dul)'
cenified in the proceedings, and the cOllrt ~1~1I proceed wilh the revisiol1,
provided thaI I if a Jteneral court.martial, il still consists of live dficeMl, 01', if a
district eonrlormartial, of three officers.
10', Where a sentence paned hy a courtmartial which has been conhrme<', S""-tilootlon
or whkh {Joes not require confirmation, i" {oulld for any reason to he invalid, Mf;lIlid'Of
the authori'Y which wOI1ld Ita\'e had power onder section 109 10 commute IttI.' Inulid
&entence.
punishmcnt :twarded hY the scnt"nce if it had heeo "",lid may P'~~ a \'a lit!
S('l1tCnce :
Pro\'ided that the punishment aW3rded by thesenteu..:e so pa~sed ~h:tll not
be hif,!her ill the S<'ale of punishmt'nts th:tn, or in exce~s of, the ponishment
awarded h~' the invalid sentence.
108, (I) Whene\'er,in the COllrse o( a trial by conrlmartial, it apptars to the Pro,ltlori
,,'here leo
(OUl"t thnt Ihe person charged is of unsound mind and coolleqllenllr incapahlr. of cleetbl
making his defence, or that such person committed the aet allCi/;ed, but was b)' Iunatie,
10
146
reuon of unsoundness of mind incnrablc o( knowilli! the nature or the ael or th;t
it was wronl:: or contrary to I:tw, the ro~lIt .hal1 ~~rd :l ~ndjll~ accordiltglr. and
the pre:sidcnl of the court or the t ffit:~r huhhllg: the ~nal, al. the (".sc may be,
Ihall forthwith report the (.'ase to the conflrnlll if: authont}'1 Of, In the case of a
field Jtcneml court-martial, to the prescriheet officer. .
iZ) A confirminJ:t authorilr to whom a catc is reported under sub-section U)
m::., if it does not cOllfinn the fimJillg, t.",ke steps to have the accused pen;on
trieJ hr the "arne or another court-martini for the offence with which b<: was
oriein..l1ly chareed.
(3) A prescribed ((lieet to whom a case is reported umler sub-section (IJ
and a confinnil'a anthorily cOllfinnb"g a findinSl in My case 10 reported to him
shall ord", the accn~d person to be kept in custody ill the prescribed manner,
and shall report the case for the Qrders of the President 0{ the Union,
(4) On receipt of;'l report uncler stlb~ction (J) or sub,~ction (3), the
Preslclent of the Union rna}' order the accused per~ to bf! dCbined in a lunatic
asylulU or other !Uit.'\b1e rJacc ('I( So,\{e em,todl'.
(5) Where all accnsed ptrsc)ll, h:n'inll been found b}' l"ea!>On 0{ unsoundllCSS of
mind to I.e incapable of m:lkillf:l: his defc!nL'f', is in cllstod}' or nnder deteution, the
prescribed officer ml}'- .
(a) if such person i!l in cnsto<1}' under snh-section (J). on the report of a
medical officer that he is cap.'\hlc of makinJ,! hit defence. or
(b) if stich penon is detained under suh-srction (4), on a certificate 5tlch-M
is referred to in section 473 olthe Code of Cnlllini\1 ProcectUrf'1
tOlke steps tt'J ha\'c such person tried hy the !lame or another cour(marlial for the
offence with which he was oriJtin:tlly charf:l:cd or, provided th...,t the <ffence is a
ch'il offence, by a criminal Court,
(6) Where any person is in cnstoclr, undt-r sub.section (,f) or lIndtr detentioll
under slIhsedion (4',-
(11) if such persOIl is in custody under suhsection (3). on the report of n
medkal officer, or
(6) if slich pcr~n ia detninecl lIncler 5ubsecUon (4), on :\ certific:\te ftom
:\nyof the allthoritieN empowered to ~r:\llt n certillcntc under llCction
473 of the Code of Crimi nOli Pro(:edure,
th:\t, in the judgment of such officer or nuthorit}" such peraon may be relensed
without dat'~er 01 his doine injlll'Y to himsell or to :l.nr other person, the Presirlent
of the Union mny theretlpon order such person to be rcle:lscd. 01' to lie detnined
in cudod}', or to be transft:rred tn a public IUllntk asylum if he h:ls not been
already sent to such an asylum. .
(71 \Vhere any relative or friend of anl' (lel's':)n who is in custody under ,ub-
section (3) or under detentiol1under sub.section (4) dt'airt's thOlt he 5hall be
delivered to his: care and CllSlody, the President of the Union may, IIpon the
apptlcOltion .of such reb,tiv:, or friend nnd on his giYin" securit}' to the s.'\tisfaction
of the President of the UlIlon thnt the person c1elinred sh~lI-
(n) he' pro,:erly t;lken (";lre of ;lnd prevented from doh,'l; injurr to him5C1f or
to an)' other person, nnd
(#I) he proonced for the inspection of such Clfficer, and at such times and
. p1acu, as the Pre-;ident o{ the Union rna}' direct,
order snch person to he delivered to such relatin or friend,
(B) A cOp}' of evet'}' orcttr made hy the JlfClCribed officer 'mder sab..section
($) ahall forthwith be stnt to the 1'r'esident of the Union.
BltrllltJ Au For (Diro/tli"r). 147
119. II) Wilen ~IlY person subject 10 tbis Ad h:l.s be~n ChllVickcl by:l. court. Fanlonl loW
m.utiJJ of all)' offence, the President of the Union or the prescribed (.fficermay- 'C&lIiuiua..
(II) eitlu:r WiUlout conditions or upon an)' conditiollS "'hith the penon
sentenced accepls, pardon the person or remit the whole or any part
of the punbhment :l.warded ; or
(b) mitieate the punishment awarded, or commute such punishment for
:In}' less punisllment or punishment, mcntion~ in this Act.
(2') If au)' condition on which a peNCil has been pardollrd or :l. punishment
has been remitted is, in the opinion of the authority which wanted the pardon ()('
remitted Ihe punishment, not fulfilled, soch aulhorit} may canc:ellhe pardon or
remission, ;md thereupon the sentence of the court shall be carried into errect as
if such p;lroOJl had not bern gmntrd or loch punishment had not bfen rl milled:
Provided Ihat, in IIle c:ase of a penOn lientenced to imprisonment, such petIOn
sh:lll undergo on1)' the unupired porticn of his 1enlence.
(JJ \\'heu nnder the pnwisions of ~echoll 22:l non-commis.,ioned eRicer is
deemeel to he rrduced to the r:mJ:~ snch redlk'tiofl Skill, for the purpose of this
section, be lrt:lled as :l punishment awarded I.l)' sentence (If court-martial.
CHAPTER IX.
EXECUTION OF SENTINelS AND DISPOSAl. 0' PaOPERTY.
III. Whencver an)' person is scntenced undrr tllis Act to imprisonment, the Commence
term of Ids sentence Ilhall, whether it hns been revised or not, be rcckone!! to ",ellt of
5elltcn~e of
commencc on the dar on which the oriain:ll proceedings WcTe lIil{ncd by tile imprllon-
Iil"rsiclcnt. ment.
112. Whenever any sentence of imprisonment is p:lRSed under this Act, or Exce:utilln of
IClltCllle of
whenever any senteLlce so p:lssed is commuted to imprisonment, tbe cClmmanding lmprilon.
officer of the pel'~on under sentence, or such other officer as mOlY be prescribed, me'll.
s)lallforward a warmnt in lhe prescribed form to the officer-in.charge of lhe civil
prison in which such person is to be confine,', and shall fon~:l.rd him to .och
prison with the warrant:
Provided that, in the case of a sentence of imprisor.ment for a period not
elceeding three months, the confirminj:! authority, or in the case of a ~ntence
which does not require confirmation, lhe court, rna)' dir~ct lhat the Mntrnce ~hal1
bt carried onl hi' COl,finement in air force cuslodY :
r'ro\'ided Inrther lhal on acth'e service a sentence of imprisonment may be
~rried out hy confinement in such places as the officer comm:lnding Ihe forcet
In the field mn)', from time to time, appoinL
II!. Whenever, in the opinion of the Officer ~ommandinlt the Burma ~ir ElIOCIIlioa 0
Force, any senteuce or portion of a sentence of imprisonment rnn.~t, for ~ial KnteM:Cof
i",prhon
rulOnS, con"enientl}' be carried out in accordance with the pcO,"ISlons of seellon ment ill
112,.SllCh officer m..' y direct th:l.t such sente-nCe or portion of sentence shall be .pedid
earned out by confinement in an)' civil prison or other fit place. a",.
148
!::"tc"ti\"I' of 1.... \Vhl,'o any sentence of ddl'ntiOll is p.'\sscd undl'r this Act lIr wlu~n JD\'
,a,lm,c of :ic"klln~ so r;l~l"ll i) COllllllU\l'r1 to rltll,'llti"ll, lhe punishment ~hall tit l',VI it'd C'td
IId~'\Iti'.l,
b)' dct;,inillt,: the offender ill ;lIlY Illili;.ll"}' ...r air for..:e detention oorr;:..:ks. cldm.
lion cells or othtt mi1i11u)" or airforce custody,
C-nmuniC3- liS, WheneVt.f;lO orl1er is (Inl)' made under Ihi" Act seltin.::\!\idc or l'ilT)iog
lhll"" :1.11)' ~~nlel\(:c, ordel' or \\':lrrant 111l(l<'r
whidl :l.n)' ~n ill C'Ontined in :l chil
(erhin
nnlen I'ri~on. :l W:lIT;lIlt in ;lc\'Ord;u.e(' with!Inch order $hall he fM\\':l.rded hr the
lodlil prescribed (lffil,:er 10 the (lflk('rinclm~e d the pril<'n in .ilich snrh person is
f\1iSOll \'OI,fined.
oII\cerl.
OOcuocn 116. Where J stnknl'l= o{ Ir:lllsporbtil 11 is imJ'lCkcd I ya courtm:arliJ.1 uOOn
.rn'~.ll1 sedioll 51, til(' \ ffender, until 11\' i) tr.msrort\'d, shall he dt'all with in tbe Amt
10 tnn..
rortatioa
manna as if he had betll ~Iltenced 10 ri,orOts imrrisollll1flll. ;md shall ~
110".. d:"111 llerme.l to !Ia,'e been underlainI,': !Ii!~ stDtence of tr:'ln!lrort:l.linn durinJ! the term
withllnlil of hi~ imrorisonmenl.
IDIl'l"lI"lt'd.
E~tc ,ti\ln ,\I 111. When:l. ~lltellet oflillt is im~l:d 1w :l c"llrl-martial onder stction 57.
te tlnlccl,l( whf'lher lhl' tri;ll \\-:1" held \\ilhiu lhe l'niul of Bunn:l. nf not, :'I C(\flr of ~lC"h
liI:t.
!'Cillo lICl', si~llrd :lnd \'(~rtilicd by Ihl' 1'n.~il!(,lIt f'f Ihe l'(\l1l1 or lhe ('ffieer hnlding
the lri:II,;l1 the \-:lSC nuy h(', mly he ~tlll 10 :'Iny >'b}!:;~trate in Ille Unt<tn N
BlInn;l, and ~lll,:h ;'I1a~ist,.:ate shalltherl'1\p<'n cauSt the fine to be rtl"CJt'\.'rtd in
:\\l'or(bnce wilh the rrcl\'isioM of lhe Corle of Crill1in:l.1 f'roctdure fOT the la,-
nf nnes:!s if it \\':I.~ n srntclIt'l" of fine illlro!:ed hr stich ),(aahlr:ue.
Ordtf r,lf 118, II) Aflrr the I:onelnsion (\f a trbl hdon~ all~' collrt.marti:d.the COlirt or
dbl'<\!l~1 the :lIlthnrilr CouflOlling it~ fitll'in~ f'r Sf..'nklh'C, ('Ir :IllY :'Illthorilr ~lll\l'rior to sueh
of rT,,\'C',I~ :l.lllilfwity. (\f, ill th(' l':'ISt" of:t lindinJ: or ~l'llll'nce \\hil'h d(){"~ not reqllire,cCln
,tg;udinJ:
whid,."''1l."\' linl1:'1tiM, th.: nfticer cnmm:\ndillJ.! lill' IInit within \\'hkh the tri:ll W;t~ held, m:ll'
c-llnll"lle<!. 1Il:ll:(' ~llch order :IS it nr he Ihi1\l:~ fit for the t1ispol>.11 br l\cslruction. \('uliJ;C;llion,
dcli\'err to :'IllY pcr~ll c1aiminJ: to he I.'lltillrd to pos;eilsion Ihe. eof, OT oth('rwi~,
of :tllY \lrorert~' or <IOCUmi'lit produced befoft the court or in its Cll,tooy, or
reJ:ardinl!: which :In\, offence ;lppears to h:l\'e heen committed or which has been
nsell for the ~ommission of ;III)' rffencr,
(Zl Where :tn}' (nlcr ha!l hren iliadI.' muter ~lIblle('lion (J) in l't~recl of
rrol'trty!"('g.'lrdinl! \\ hid, ;'Ill df\'lH:e al'l=c,'lr!llo h:tre bel'lI c('mmiUnl, :I COl') of
'u.;h ortler siJ.!nl11 and .'erlilied b~' tht :Illthorit~ makinJ: Ih(' !l~mc mar, whethrr
the tri:ll "'as held within the [nion of HIlI"t1l:'l or nol, he sent to :I. A{a!-!is(r;1te ;n
,lny dlSlrict in which ~\lch ~rol'('rty (or the time- hrilll: is. :l.1It! snd, ~bJlistr:'lte sh:tll
thereupon C:l.l1SC 11ll' order to tx' c.urierl ill to dfett :'lS i! it \\':111 :lll order pmed
hy ''ll'h M;ll.ti~tr:l.le Illlcler the rro\'isiolls of the COlle ('I{ Criminal l'rocellure.
J:'.rNllllali",.-11l this sel'tion, the krm " properlr ,. incl'I(Ie~. in the case of
proprrty regJrdillJt whid, all (lffelt..:e :lPI'tars 10 h;l\'e \>te'll commilled, not onl)'
slld' rrol"ot'rly ;IS h;ls heen ori~in .. ll~' in the poS!ltSSirll ('II' nllcler lhe COlltrol of :l.nr
~':lrtr hul abo all)' rrllpe:-ly intn or fnr whid, lite ~.1me lll.1y have' he...n 'llwrted
nr esch:l.Illl,t'<I, ;Inri an),thin~ aC'juirrd "r such con\'e~iou or <xo.:h:ln~e whether
immt'lliltclr or o:herwi!<C,
CHAPTER X.
Comrbl"lt ~19. (J) If an officer of the Burma Air Forte thinb him!lelf \\Tonj:led hy hii
:llainsl COI\\IU;lndinJ! ('ffietr, or other ~llpc',ior officer. :l.nd ('n fIne ;lppliealioll made 10
IIlJltfior hi.~ (,M'lm:l.nrlinj:l officer does not reetive the red~ to which he m.l\' consider
"""".
and ~nna. hinl~H tntitlerl. he m:l\" compbin to the Presi.!enl (II lhe eden in order to
obt:ain iustice.
B"""tI Air F(JT(~ (Dikitli"tl. 149
(1) If "ny airm:m thinks himself wronJ.!cd in an~' m'lller tty all)' offil,.Yr olh('(
th,n the officer umkr whose command or orders he is semlli'!, or b\' :1lI)' airman.
he lIl;!.r ~omplain therl,.'O{ to the officrr lIIult'r wltOSl: l'ornn\;lnd or orden he is
$Cmll~. a!ld if he think; him~1f \HollJ.!ed br the officer mulcr whose cnmm;ulIl or
orden he is acr\'iuJ.!. either in rClirttt of his l't'lnphint not l'tillJ: mlrl"l\.'il'tl or in
respe.:t of any other nmlter, he m..lY l'omphill thtrl'Oflo his l'Omlliandilll:, llnicer,
:md if he thinks himseli wronged h~' his ,,:omm..'l1Iling oflker, l'ilhrr in ~sJ1l.'Ct
of his complaint not ~inJ: rl,.'dresscd or in respect of an}' othrr m:tlter. he 1n:IY
comrlain therl'Clf to th~ J"l""Cribed "fticrr ; ;u'd r\'no)' otlil't:r to whom :l COmo
painl is made in pllr"..' n.. .e ol tbis section shall Cluse $llI:h complaint 10 be
inquire..l inlo, and shall, if on in"IUirr he is s"lisli.:d of Ihe juS(k'c (If Ihe com,
phint so IU:l.de, lake sudl ~Ieps as mar be llt."\:USitI) (oc 1(1\il1j.( full reuras to
lhe .;Nllplaill"nt in rc::ip:d of the 1n.,lIer cClmplained of.
123. Ewry person .....IOllJ:il1l: 10 Ihl' BhMlla Air }o'on:e R"s:n'~' ~hall, wh..'n ,\J.plle~li"'lI
call...ll Oullor or l'uj"ra.:cd upou or rdurnillJ: from Irainin1! or s':"'i!:t', lx' t"ulilbl I" r... cr\i~I',
to all the I ril"iI"'J:t s accorded hy sediolls 111 allli t 22 10 a pI.'fS')n suhkcl to Ihi~
Ad.
12. (1\ On thl:' rres 'Illation to any C(\Urt ,"y I r 011 hl:half of any 1....f3"l1l Prj"rity of,
he~rj"l: bj
sl!b;ed to this Axl (l{ a "-lTl:I1('ah', (rom tt>!. l'fOlICr air f"n"t' aulhfl(';ly, Clllut... cof Cuurbof
abs-"n,,:.. haTin;: hel'll J:r2llkl1 to or al>l'lil'd rnr (,Y him Inr lIN.' ~lIrpClS~~ roI (;oH.,i"
PTl'S\.,:ulinJ! ( f Ild~n<lillJl allY snit or olh..'r rroct~:d;llJ! in sl:Ch Court, til..' Coui'l .bie'l rer
shall, On the apJlk"lioll of slJl:h rersol1. arl"2n~"'1 50 far as lillY n.... !,1'!tSihle fllr th~ JOI,nll,/'jrd
hrarin~ and finall1i~~~1 of sm h 511'1 or olhrr prOl.'<'tllinj:! within Ih,: periNI OIl ro I'lil .'tt
~rt t'l!I-
1I11.: kaTe 50 W;'In""d or a?I-'Ii....t1 ior. "-tOled.
121 The crrtil1\'atl' {rrull th(' i_rop'r air (on'e aUlhority shall s1ale Ih(' firsl
inti last day ollhe le2\-e or inlentll~lltavcand set (orlh a ..lts.T'i,.lion oi the cal;
..ilh respect to which the Ic-av~ was io.rrJnkd or a~&-lied for.
150 Burma Air Force (DiICJpline)"
(3) No floe shall he rayable to the Coul'l in respect of the prrsciltation oi any
such cntillcate, or ill rrsj:.cd of any application by or onochalf of any such person
lor prirrily fur the !H:aring of his caSl:.
(4) Whrn:: the Comt is ullable to arran!~e for the hcal'in~ and.final disposal of
thr Sllit or other prol'ccclillg within the period of such leave 01" intcndcd leav..: 2S
af(lresaid, it shall rl'l'0rd its reaSon!; for ha'"illl! lJel'1I unable to do so, and shall
rause a corY thereof to be furnishl'd to stich pl'I'SOl1 on his apilkation without
allY rayl11l'nt whakyc!' by him in respect rithcr of the applkatioll forSll\;h copy
or of till' e0l-Y itsdi.
lS, If in any case a question arises a!; to the proper air force authority
qualified to grant such l'lTtificate as aforesaid, such question shall be at once
l'l:lerred ~y the Court to an cflieer commalldin/o: a unit, whcse deci~ioll shall be
tina!.
Propert\" Qr 125. The fol1o\\'in~ rule~ are euac!,cd rl.:speding the disposal of the ~.roperIY
.Iccc~St:d of tl'ClY Vt:'SOIl sulljed 10 this Act who t1ie~ or deserts:-
pcrsQn~ and
descrtcrs, {H The l"Ollllllall(;ing oflieer {If the unit to whieh the llect'asetl ])\'rSon or
deserter hlloll;.:e{l ~hall SeLUl'e all the moveable property belongin/o: 10
the dcceasl'(l or (llsstel" that is ill l'am]) 01" tluartcrs, and cause all
illVl'lltory thl'reof to be mack, and liraw anY r.ay and allowallees due
to such pl:rSOIl"
(2) In the cas.: 01 a (Ieel'ascd pellOll who has left in a GovernmclJt savings
batik finduding all)" post offin' sal"illl!s l'ank, however l1all1tcl) a
ekposit 110t cXl"ecdili~ Olll' thou~alld rupc~s, the cOlll1lJ2J1<linl' efficer
may, if h l : thinks fIt, require Ihe sene1ary 01' other proper <ffl.l:ial of
t hc bank to I ay the deprsitto him fori lmith, tlOlwith'ltandll1~anylhing
in any dq-a'llllcuial rilles, allll after the layment tht"l'fof in
aecl'1"dal1l.:l' with Slll"il requisition, 110 rersoll ~hall have any right In
resped oflhe deposit cx(ept as hereinafter pl"lwided.
(3) In lhe ,-as,: of a dCClaseli persun whose represt'ntati,'e it; on the spot
ami hai ~i"en sel"llrity fur till" paYment of the sen"ice or uther dchts
ill r:lllli' ur qmrlers (if allY) of the deceased, the l'ollllllallliing offiler
shall dc1inf U\'l.'r an)" prOiJCr\y l"l't'ei'"ed ul1c!e1" clauses (I) ami (2) to
that rejJl'c:1t'nlatiw,
(4) 111 the (a~e oi a l:elxagcll person whose estate is not dealt with ulldH
clause (3), and in the rase of any deserter, the rommanding ofl:ka
shall (ause the 1II0\"l'ablc properly to bt sold hy public auction, and
sh:lll ~ay the sen"ice and othl'\" tkilts ill ramp ot" qual'lrl's (If any),
allll, ill thc lase uf a decta~cd {i\'rsol1, tht: eXp{'IISrS of his fum:ral
l.:cremollies, from the proceeds of ,he sale and from any pay and
allowanccs drawn under daust. (J) aull (rr'm the amount of lhe
llepos;l (if any) received ulJ(~er dause (2),
(5) Thc surV1us, if any, sl,all, in the rase of a dectased pel"SOn, be paid 10
his 1"eprestnlati\"c (if any), or, in thc ev~ltt of 110 claim to ~uch sur~,lus
bl:ing es!ablistlcd withilllweive months after thc <leath be rcmilled
to the preS\,.'dbetl ~el'S(lll, ' _
(6) In the rase of ;) deserter, the surJ.lu~ Of any) shall be forthwith
rcmitk{\ to tltt' prts..:rilwd perS('l1l and shall, Oil the l"xpiry (If three
years tWill lhe c!at~ of his dcsertion, be fortcikd to the Go\"eI"I1I11Cut,
Imkss the deserter shall in thc mtan1ime I;a\'c surr{'llr!ered or been
a pprehclllkd,
E.\'~I.IIIQlioll,-A yerson ~hal1 hl' de~l1\ed to he a descrkl' wilhinthe Illeaning
of this St.'dioll who has wilhcut authority o.:ell.absent irOlll llllly fOJ" a l=eriod oi
hn:nt)".Qne days and has not subsequently sun"endered or l::etn apprehfm:ed.
III
126. Properly deU,erable ami money pa)'able to the rtpre,enlJli"e of a Di u10f
dccwt:d persOli under section12~ may. if the lolal vllue or amount thereof dOl:S :f:.J11
not e.'Ccccd one thousand rupees, and.if the prucril>ed pmon thinks lit, be: rr,"1lertr
tlclin:n:d or pJid to any person appearing to him to be entitled 10 reccin it or 10 ~'I":1l,l1 pro-
administer the estate ?f. the ~1e\:easct!1 without rt..'t\uiring the production oi all}' r~':C:, eft.
prooo.tc.lctters of administration, cerhl1cale or olher such conclusirc evidl'nl:C of
title; anti such dcliv~y or pl~11\cnt sh~lI be a full dischar~e to those ordering or
mking the 5.1me and to the G.lvernment from all further liability in respect of
the property or money i but nothing in this scetiOb shall aff~"CL the ri~hls of an)'
uecutor or administrator or other representati"e, or of ;Ulycrcditor, of a decel)Cd
~rson ,lgainst au}' person to whom SlJ1.:h dt~i\"c:ry or JXl}'fficut hill been made,
127, The provisions of section 125 shall, so folf a~ tht)' ~an hi: m"de applic Al'PlicaUQI(
ablc, apply in the 1::l5e of a person subject to Ihis Ad becominJ: ins.:ane, or, who, 10 hlll.lia
btin~ ou aclive sCl'\"ke, is officilily rtported miuiuJ:: ::~rn::
Provided thai, in the c.'Uc of 01 person so n:porkd lIIissin~, no actioll 111;111 be ;lCU~e
t.lkell under suhse::ctious (!) 10 (5), inclusive, of thc Solid SC\:tion, unlil one year has ICf'YICCo
d:lp:;c::d from the datc:: of such report.
CHAPTER XI.
SUPPLUIENTAL.
128. (1) The President of the:: Union may make rules for the vtIrpose of Powtt III
C31T)'iul.: into effcct tile pro\'isioll~ of this Act, m'ke rule..
(Z) In particular, and without prejudice to the ~enerality d the forcgoinR
power, such l'ull's may provide:: for-
(a) the dischar,..(e from the service of perSOll~ subject 10 this Act;
(b) the spedlication of the punishmenLs wllich Ill.l)' bc OIwartlell a5 field
punishments under sections 20 ;111::1 24; ,
(c) the ilsscmbly :lIId procedure of courts of ill\luiry, and till' administration
of oaliis or ;lftirm;llions by such conrts ;
:d) the convcninl.: anti conslitutin~ of l.:ourLsnmr\i;lI;
.) the adjournml'ld, disStilulioli ;llld sitlill~S of courlsmartial ;
(/1 Ihe procedure Lo be oh~erH~d ill lrials by courtS l1w(j;11 ;
o
(~) the confirnutiou :l1Id revision of the:: fiudillJ,(s alld St:lllCllCea of courts
martial;
(II) the carryinl-: into effed scntences of courts-martial; .
(i) the forms of orders to be made unlier the provisions of this Act rclalinl.(
to cO~lrtsll1artial and hllpOson1nt:nl ; .
ijl the constitution I)f authotitics to decide for what perSOIl" to what
amounts ami in WII1I manner, provif>ioll should he Iftlcle for
dependants umler section 28, and the due c:lrf}'int: out oi such
dcdsioos ; and
(U au)' matter in this Act directed to, be Pf'CSl:ribed.
fJ) All rllles lUa Ie uuder this Act shall be puhlished ill lhe oli :i.11 GaUlle,
and,OII slll.:h liuhlil'alion, ~hall h:ll'e effect a"t if tn:lctCII in this Act.
152
CONTENTS.
~"'OfIS.
J. Commencemenl
PART I.
AnICLi;;S OP \V,,".
PART II.
G......L PRovIIIO...
"9. Power o( courtm lrlial to lind intent with which offence committe'!.
SO. Power o( court.~,rtitllo fin'l prisoner guilty of lesser alienee on charge
of ",-eater. .
51. Rebel. and mutinellrs to be deemed enemit:l
52. Power to arrett oBendeno.
53. PenallY (or uot auistinll in detection of prisoners.
!'ART III.
5-4. Punisbment.
5~.Prtmsions as to inftiction of punishments.
56. Limit=-tinn n{ time for' trhll.
57. Scalf' nt pllni~hmf'lnt.
58. Allthoritie~ having power to try offence!'.
59. Forlelture of lime or seniorit).
60. Trial oi. di.::er for disclplinlry offences iu lilDe o{ war.
154
PART IV.
COUJ~TS~lAUTIAU
StcliollS.
Co,utitutio,. 01 Cour/sJJarUIJl.
61. Constitution of courts-martial.
Prouedings 01 CO..,hA/drtial.
PART VI.
85. PersOns subjcct to this Act.
86, L'llId and air forces emb.lrked as plsseng-=rs.
117. Other rt.:r=;ollS emhttkcd as PlsSCIl~crs.
88, Pr .)viSlons n:spedio1! dis.:.iplinc in ships ill 11.1'''.11 sen'ice in war.
89. Rd.ltkm. h=twccn milit;uy. nlY.11 :tntl air forces acting together,
90, Crews of ships IOit or dcstroyed.
91, All the office ~ 0111:1 crew of lost sll;p m.y b~ tri~d by one courf.
9~. Ch' Iw s~'p:lr"tc conrt.
93, 1-\)1" ~ II~ lllent oi.....ll<:e, s;."p'lr3t~ Caliri,
'J". 1':;1)' of cr~ws of ship~ lost or taken,
113. W.len ship of selior offi ;~r is \oil he may disPOi:= of offi.:ct'$ and ere'\' of
10lt ship,
IlS
StcliDns.
96. Restriction on :unst or S.:atnCll, elc., lor debt.
97. Vischarj..IC:'frolll arrtsl.
98. Liabrtity of sC:.llnl:!l, dc., for lIlainten~nce of wives and cl:ildrtn.
9J. Power to make rules.
99.\. Power of dismi$Sdl.
PART VI/.
SA.VING CLAUSE.
PART I.
AanCLts 01' WAit.
P"bU, ",o~hi,.
2. All offictn in camm md of ships of the Burma Navy shallilive reasona t'Jeililiu
ble fadlitks for the performance of rdij.lious duties b)' the cflker~ au(llllemhers for the per-
of the: crews of their respective shi~ to each man accordinl: 10 his rdigi(lli. form;.lIe" uf
nllgi'lll'
Il\IIiQ.
Miscol/Ju<"l i/' tf.~ Prtst"" 0{ tile ElIemy.
Pl'l1~llyfOl'
milC'liltJud
in;diII'L.
I'en;llly I", 6. E\'ery person subject lo this Ad, alld 1I0! bcint.: a COLnman<linl! Olliecr
1l,iS':OlUluet who (1oes not use his utmosl excrtions to C;lro' the orders of his superior officers
01 s:l!>ordi into eX~cutioll when onkred to prcpare for aelion, or <!urint.: the ad ion, s1l;'\II, if
IMII: ",1:C<'1I
;llld men in
he Ius acted traitorousl)", stiffer death; if he has adetl fmffi eowanliec, shall
;,diulI, suffcr dc;llh or snch other ptlni:.ll1llellt as is Ilt:reinafl('r mrnlioncd i and if hl: has
ad~(1 from negligence 01' through other default, lie (lismi:.sell (1'0111 na\';11 ~~n'ice,
with tlisj{r.u;e, Ol' stlffcr sUi,;h othcr punishment as is hc('cimfter menlioned.
COIIlllIllII;C/lfiOIl$ with flie Ene",)'.
I'<:I1"lh'loT 7. All spies for Ihl: enemy shall be deemed 10 be persons snbjcd to this
~pics. Act, and shall :.uffcr de;'\th or sueh Olher punishment ;IS is hercina{kr mentioned,
l'~n"llyl"r
8. E\'t~ry pt:1'SOn suhjed to this Ad \\'ho-
c,'rr~"'I"'l' (I) traitorously holds corrcspoll(leme with or J,:i\'es intelliGt'nce to the
IIi lit::, de., enemy:
wilh the
c',cllIy. (Z) or f,lils t,) make I;ul)\\"n to the proper aulhorities any information he
IIny h;we I'e,'cive<l from the en~'l1lr :
0) or who rt'lieves the em~mr with any supplies,
shall suffer death, or sudl other p(:ni.~hment :IS is hereinafter mentione(l.
lcn.l'l~ fllr 9, Every persOIl sllbjed to this Act who, wilhout all)' tre;lchcrous inten-
inlp"'pcr holds all)' improper commuuication with the encmy, shall be dismissed with
(iOll,
n'nllll""ic;I' dis~r:ll.:e from 11:\\'al servk~, or 511111 sllffel' such olhc(' punishll\t:nt as is hereinafter
liOll wilh Ihe mentioned,
~~'elllY"
Neg/eel of .lllly,
10, Every perron sul:>j~'clto this Ad who dcscrls his post or sleeps upon
P","alhf"r his wakh, or lIcgli!:..:nlly pedorm~ the tlu:)' imposc(l 011 him, shall he dismissed
,,It;\lul,;nill'::
p,>st, ek, from n;\,",,1 se1'\i.::~1 with disgracc, Ol' shall suffer such other punishmenl as is
hel'\'inaftcr mentioned.
MUtill}',
13. Ever)' pel"SOIl subject to thi<; Act who endeavour! 10 ~e('"ce :Iny olher rCII;l.Ur for
lnciti"ll" 10
pt.rson ~l1hjcd to IhilO Acl rrom his duty or :llIe~ianC'e to the Go\'crnmclll, rr 111"1111)'.
elide-waul'S 10 incile him to commit an)' act of mnlin)'. shall suffer dcath or Illch
other punishment a. is hereinaHer mentioned.
14. Every pel'S::I1l, not olhel'lrisc subject 10 this Act, who, bein~ 011 hc>anl IIc,,:,II)' for
allY GO\'emml'llt ship ill commissioll l endeavours to ellnce frOlll his tl1I1y or dviJi~nl
cnllravQuri"i
al1('~i:mce to the govel'nlllcnt ;lily person subject to thill Act, Shll1!O f 11' aJl repects 10 .educe
sudl offence he t1eelllec1to he a pc '~on subkct to thill Acl, amI J1hall J1uffrr clt-:llh from ~Ilq:i
or snell other pt1nishment as iJl herein:llter mtnlioned. ance.
is. Evr.ry person subject to this Ad who In lkes or enrle:'l\'(lurs to !n:lke l'cn~!hfOf
:Ill)' lllutinOlH' :lsS('lllh1r, or h:ltls or indle! any oth~r 1'lf'f'S01l to join ill :Ill)" 1Il1l1i- m~UIl,(
1I0U!! assemNy or utters a,y wordlO o( ~dilion Of mutiny, shall sliffer l trallspor. muli'"J~
)l'.'mblin
l:lliOllur such other ioIullishmelll]' :IS is hereill.,rter mt'lltiont"d. "r ulleriul:
.coliliOlII
wtlru',
I'etiall)' for
16, EVc.'r)' per~1I suhjed to this Act who wilf111h' eOllce:ll<; all\' tr:lilornnl Cfllll.e:IJIIlj(
or IlIl,tinOns practi..:.: 0;' tlesi~n or :Ill)' traitorol1~ or lllulinOIl'l wOl'dssllOken a~:linlt :,n)' tnitor-
the GO\'ertllllent , or :m)' wortl~. prlctice, or tk<;i~n tt'llllill~ to the hindrance o( tltI' or
(he sel1;ce. shall sufftr [tr:\llSpo;i.llio:1 0, <;lIcll other plllli!l!lmentl: as i!l hcrein:lfler mUlln',II'
mentioucd, pnclke,
tlesi.:n. Of
WlII"d'I,
11. E\'err p~r<;on :mhjecl to lhi" Act who slrikes or atlempls to strike, or !'U"i.hlJ'lelll
'oJr nit;nl
tlr,l\\$ or lifls lip :Ulr weapon a~ai1lJo;t, or u.. e1 or :ltleolpls 10 U!IC any \;olence (";I'klll"
:l~ainst his superior offiCl'r I whethcr or nnt silch snperior officer i!l in the ('''(Cntion lnl 10 IIdkc,
of his nffi~e, Sh,lll he p:lni~he'.l with [tr.ln'lpodllion or S.l 'h otht"r pUllishml'n11' Ne" !lII(lCrior
all ill Iwreill:l.ftcr mC'ntirnell, u(r,ccr,
r,wlbordj",liarr.
18, Every ~rsori subjeclto thil Act who wilfully diSClbe)S any L1\\rlll rCll~ll\IOlJ'
t1\li"bcdiCl,rc
Command 'of 111.'1 slIpl:lior lIffi;tr, nr II..eS thrcatenin, or insnllin:,t hl1j1;u:l.~~. or he "I' u~lnJl
haves \\',~h .; mtelllp: to his sUl1:rior or&.;er, sll:lll he pUllished with dismisul. with IhfC;llcuj"l
disl:race, (rom n;av:l1 "tNi.:c, or ~l1ff:r S'I :!l olh~r p:I'lishm.:nt :I., i, hereinlfler bllr.~fC 10
mCntionel!. ,uf'C'"i'M"
IJlI:<:cr.
19, E\'er)' pcr!lOll suhkct to thi<; Act who qnarreh Ot fighh with any (,tiler I enallv 'If
quarrel I!".,
perJl('lll, whether sneh olher pcr~on he or he nolluhject 111hi<; Ad, or n~ reproach. cle., or
ful 01 pro\'n!,inl.: spe~..:hc~ or gcshuc.' ten(lill~ to m:lke aoy qll:llnl or dillurh.luce I u,i".
sh:lll ~ .(fe, i 1l;'ri~ollll1ent 0; ~u:h olher Plllli1ltUIICllt as is herein,lfler lOenliol1crl. 'epr"lehfu!
.rch or
'ellures.
I'",~h"ur
21, Every reNO sllhject 10 this A':t Will) ahsents himseU from his s'lip, or ddcfUon,
fro:n th.: place where his dot)' rC'Juirn him 10 he. with :1Il intention of nol rdurninjl;
Inwrtfd b~ Act I, 1953.
158 S.rma Naral TmciJ/ine.
to such Ihip or placl:, or who.'lt allY time and under :llIy cireUlliltances Wb~ll
absellt from his ship or pllce of duty, does any act which shows that he h::ll:l ,lIl
intelltion or IIOt relurning to liuch ship or placr, shall be deemed to ha\'c deserh..' d,
and shall be punished accordingl}'; lhat is to 8ay,-
(1) if he ha' deserted to the enemy, he shall he pllni1'lhed wi:1I dratb 01'
such othtt ~mishmcnl as is hereinartcr mentioned;
(2) if he has deserted nnder any other circumstance!l, he sball hI! punishC'rl
\lilh [trallllpOl'1ation or stich olher pnnishmelltjl as i, herein:lfter
mentioned i
and in every such cue he sban forfeit all pay, head money, bounty, sah-aRe, prize
mollC)', and :l1lowances tlmt have been earned by llim and all annuitia, pension-'l,
}.rr:ltuitiC$, medals. and dee-oralie-lis th:lt ma)' ho.we bet'u ~rantcd to him, and alto
~1 clothes and e&C\:ts which hc m.w have lert on booud the ship or at the place
from which he ho.'l'> desert~d. unless the trihuMI h)' which he is tried, or the
President of the Uninn sh..tll othcr\\"i~ direct,
Pen3!11 lor 21. E\'ery persoll snbje..:1 10 this 'Act who encle:wl'utll to seduce ..n)" other
Indll(ill~ ~n~ per!\On !luhjec:t to thil> Act tn rk'lcrt sh:'lll suITer imprisonmr-nt or sitch other punish-
J'C'ntll\ to melll :'15 is hereinafter menliollell.
dbCrt.
I'tn:llly fOI 22, Every Ontcer in command of an)' ('n)\'crlllnent ship in commission who
i
fntul:1in ". rl"cei,'e!l or enterbins any ducrler fr(lm the BUrmall:.lY;j!.milil:tIT. or air forcrs,
:II dnfltn. after dii>(;o,"crillJ,! him to he :t <!I,.'ll.ertcr, and does not with all convenient !lpecd,
in the ea.'Ie of a dCSl..'Tlcr from lhe Bunna na'~11 10rcCll, J,!ive notice to the comm3n-
dinK oIlicer of the ,hip to which Illch deserter hclonJ:s, or, if such ship ill at:t
c1i,t:toce, to the President of the Union (IT the Officer Commllldina the
Bunn., Navy, 01', in c:lSC ol a dr-seller from the Bwnl.,.t milit:uy or;jjr forces, ~i.e
notice 10 the Prel'idcnt of the Union or the cornm..tn<!in~ officer of the rtl!iment
or lmil to which ~ch c1c:1'trh:r hfolonJ,!s, lhe (Bicer sn offendinJ: shall be dismi5."led
frolll 1I:I\'al service. or shall suffer such olher punishment as is bc~in:tfter
mentioned.
1'.. nlshment 23. If ;lny person sl1hject to this Act (without heinl: ,uilly of desertion)
(01 breaking imprCIperly lelVC!\ hi~ ship or l'l:lce of dllt)', he shall he li:lhle to imprisonment or
Ol\to( _hip. 10 such olher puni!ltllncnt as i~ hereinafter mentioned, and to SllCh olher punish.
ment \Iy forfeiture of WO'lI:!t'S or of olhrr hCIl{"lillt:l1 the l~sident of the Union from
time to time by r~lIlatiollS pre!lCrihe!lo.
I'en:lll)" for 24, Evet}' petsCln suhJect to this Act who (without bein~ guilty of desertion
lI"""c:e or of impl'OPtrl)' le1\'iujZ hi:s shi(l or rL'lce of dul)') is absellt withoolleave shall
willwat be liab"': in lime of war to imprisonment or such other ponishJl'l('nt as is
leI\<:. herein.'lfler mtlltioned, and 3t other times to imprisonment or detention Cor
:\1\)" pniod not e:xr.eedi"" ten weeb, or such other punishment as the circumstances
of the \:3Se m:lr require, and to such othtt p1nishment b)' forfeiture of waj.!cs or of
other henefits as the PresideDt of the Union from time to time by r~uL'ltion,
prescrihcs.
FOIllflture 25, If 30)' person suhject to this Act i, absent without lean for a period of
0( c:f(fds for one month hs,'hethcr he ill guilly of d~rtion or of improperh' Iravinu: his ship or
llNfn.:f place (If dntr or n(ll), hul is not :t(lprehended and tried lor his <:Iffence, he shall he
w!thullt liahlr to forfeiture of wa~es :Inti other benelit, .... l1 the Pre::ident of lhe Union (rom
1e1\e.
lime 10 lime hr regnlations preJlcri\les, and the PreJliclent of the Union mar b) nn
order containinc a slatement of the absence without leave direct that the clothes
26, If any person not snbject 10 this Act assists or procures any person l'cn:llty 10f
subject to this Act to desert or impropel'ly absent !Iimself from his duty, or ilssisting,
conceals, employs or contiuues to employ any penon subject to this Act, who is a et.'" dC$CT.
tion,
deserter or improperly absellt from his duty, knowin~ him to be a deserter or so
improperly absellt, he sh:'lll, {or ~very sl1Lh offence of ::LSSiSt<'lIlCt, pl'rCllrl"ffienl.
conccalment, employment or continuance of employment, be liablt', Oil cOIl\jdion
in a :>tl1nm:uy trial before a i\[a~islrale empowered I1lHler seclion 260 of IIII' Code
of Criminal l'roce{lure to ;1 pen;LIt~' not exceediLl~ tll"O IUlIHlrer! rupees; and
e\'er~' such penally sllall be al1pliccl as the l'rrsitl,:nt of the Union directs,
27, If allY person not snhjectlo this Ad by w(lf(!s or otherwise persllMle:,> l'enall)" for
allY person subject 10 this Acl to de~("ft or improperly <IbSt'nt himself fL'Ol1I rer~uadi"K
.,.
his tluty: lie shall, for every snch offence, he Ihille, on conviction in a sUffim;uy III dcstrliolt,
trial before a Ma~is(ratc empowered uuder sedioll 2fJO of the Code of Criminal
Procetlll1"(" 10 a pen;llly nflt exceeding 1\\"0 lmmlr.:d rupees: alltl e\.:rr sl1ch penOllty
shall he aprlied as'the President of the Union {lirec.ls,
MisccllalleoJls ofJel/us,
28, E\'ery person suhject 10 this Act who is ~uil.y of :IllY profane oatIL, Peuallj'lor
cursing, execration, dL'mlkel~lless, uncleanness or othel' scallt1alr.ns action or swe:,tinJl: and
other imm....
COl1'uplion of ~ootl manncrs, shall be di~LLlissed from n:l\'al sen'ire, with (lisl{l"ace, falitjn,
or suffcr sLlch olher punishment ,15 is hereinafter mentioned,
I'enalty on
29. EvelY dfieer sulljcd to this Act who is guilty of cruelty, or of allY officer lor
scandaloLls 01' fral1dnlent conduct, shall he clismissed wilh di~W'ace (rom ll:lval cruelty or
sCP'ice ; and cvary dlicer suhjeet to this Act who is guilly of iUlY other conducl 01'!"fe~$lon,
unbecoming: the charactel'of an "Hieer shall he dismissed, with or without clhgrac~,
from n",V,11 51'1 vice,
30, Every pel-son snbjeet 10 this Act who either desi.ll:ne{lIy or n~glilZentl~ Penalty for
s,lferil1'
or by nny defanlt 1f'5':-5, strands. or hazarrlR, or sutTers 10 be 1051, slrandetl, 01' ~hip!l ~,r air-
ha7.arc1ed, an\, Government ship in commi6sion or in GO\'('fnment servicc, or loses cr:,rt 10 I>e
Or suffers to" be lost an)' airCl'aft of tile GOVCTllmenl or ill Government servicc, illll'fClJlel'ly
shall he (lismissed from naval service, ,,"ith disJ!:race, or suR'CI' such other losl,
PUnishment as is hereinafter mentioncd,
31, The dficel'3 of all ships of the G1\'CTllment in co~~lnission appointcdf~r renalt)' lor
nol laklnlo:
the com'ol' lind protection of allY ~hi"ps 01' \'~ssel~ shall (llllgen,tl~ perform their eare of and
dllt~, without c1eJa\" accol'tlin~ to their msll'lIctlOnsm Ih:lt hehalf, an~l every officer defe ,dinK
II'ho fails in his dnty in this respect, and docs not ddend the SIIlI'S an<1 goo(.b ship!l under
under his convo\', without deviation to allY other ohjrcls. 01' refuses 10 fia.ht ~Il convoy,
their (lefence if they al"C assailed, Of cowardl)" abandons ancl exposes the ships III
his com'or 10 h:'I7.arcl, or demand:> or eucts :l.Il)" mOllcy I'lT other rew:lrd" [rom any
merchant or ~ster for convoying :In}' ships or vessds entrusted to hi' care, or
160
mis-uses the masters or nlarilll.'.rS thereof. Iihall make such reparalic II in llamaJ;l'S
to the lIIer..:hants, owners, and othen a:. the Hi~h Court exercisinJ.l; Admirally
jurisdiclion m.lY ,1djudge i :tntlllh~1I ;tOO lie punished criminally accordil1~ to the
nature of hill offencc, hy de:r.th or such other punishment as is hereinalttt
mentioned.
:Ua~ler 0( 32. Ewrr 1\1ao:.ter (If other onicer in command of an" merchant or othcr
mer~h:1Il1 vessel under the COII"O)' of an)' ship 01 the Government in commission shall oher
\esel to the commanding oflicer thereof ill all matters relating to the na\'igalion or
ol'C':\' orders
of convoying secUl'i!r of the COIIVOY i ant! shalll:lke sueh precautions for avoiriinK the enemy
ollk, as may be tlirccll'd hy such ..:omm;ul(lin~ OniCCf, and if he fails to obey such
llircctiol\s, snch cOllllllamlill!: rffieer may compel obetlil'IlCC by for\~e of arllls
\1 ithout heill~ Iiahle for any loss of life or of properly that may rcslIlt from his
us-hIlt slIch (ol'\:e,
Penally for 33, Ever)' (lfficer in COllllll:lnd of an)' of the Govemment ships in
l:l~illll: all)' COlllmi;~ iOll who rrniv("s on hoard or pernlils 10 he reeeh'ed on 1ln.1rd ~uch hip
~ ...b"l\ :tIl}' ~oo.lo:. or merch:lIldi(' whal!<lc\'er, olher than for tbe sole u~e o( the ,llill,
l.. ~,rll .. lher CXl'cpt J.:O(I(b :lIlt! IIlcrd':I"tli~(' Iw:longing to :tn)' merchant, or on 00.,(11 :lIlr ship
thau 1m the
~l',.rthe whi>.:h Illar he hill\\TCl'ked or ill illllllil,cnt dal1~er, either on the hi~l. sen or in
nut'l, some vc:l, \."rCck, o. harbour, for the purpose o( p~",ir,J[ tllt-m (or their prOl'l('r
~cepl ~lld, OWIICrs, or uccpl uch ~I or merchandise as he mar at any time he ordered to
s,ih'C1',
jn.'els, etc, take Or re":ci,'.. on bo.1rd hl' order or lhe President of lite Union or hi,; ~uptrior
{,(fleer, shall he Ili~llli:.sl'd from naval service, or suffer such other p.J1.ishment as
is !ltTci\l;liler mentioned.
H, E,'\.'f)' person sl.lb;cet to thilt Act who \I'aslefnll)' upends, embezzles,
j'cu;,I!.. for or fl':tmlulenll)' hul's, tlls or n'cC'h't ,Ill}' ammunition, prm'jsions or other pnhlic
emheulil'lI: ,
l>uloli.. torell-, ami t'..
r)' person suhJect to lhi~ Al't, who Itnowingly pemlit, :Il,y ~neh
~t,'rtl, W:l\ltfnl expenditure, emheulemcnt, s:llc, or receipt, sh:tll suffer impri~onment or
sud. otll..... pri'ui1lhmenIU is hereinafter mentioned.
I'en"lll' ("I' 35. Ev~rr person snhjed to this Act I\'ho nnlawfully sets lire to any
l'urHillj,( ;,ny llod:ranl, dcln:l1liliA pHt or sle,lm fador}' yanl. arsenal, nl:lj.!:,.tine, huihtilll!,
m:ll!,,,il,e ,11'
stOI'tS, or to an.\' shil'. vessel, hor, h:lr,,~\', boat 01' other craft 01' fUl'llitllre lhel'ennto
\es~d, dc"
unt bel",,!!_ hcloll~inlo!, 1I0t being: tIle propc.1~' of all encmr, pil'/'lt, or rehel, shall M ffel' death
lug tv :Ill 01.' such oilier punishment as'is hereinafter mentioned.
ellem".
3tt, E"<:I'y person sullject to this Act who knowinJ!ly makes Or siJ!ns a f.11se
Penalty I"..
m,,~i,'g or lI\llsler or record or olher (lOki:l1 do:umenl, or I\'ho commands, ..:ounsel~. (lr
~il,!l'iug blse procures thl' m;ll;in~ or signing thertoi. or who aids or abets any oth('r person in
musle,'f'!', the m:lkillR or ~i\.!ning thereof, shall be llismissed from n:lval sen'ice, willi di~It1":tCt',
Clt suffer ~uch otht"r punishment as is herein:rJter mentioned.
('(I,ally for 31. Every peT50ll sub,it:ct to this Al,;t who wilfully d~ anY:lct or wilfullY
mi5colllllud disol'o('Yi aor orders, whether in hospital or elsewhere, with intent to produce or
ill h._rit:t1. to aW:t\-ate :lny disease or infirmity. or to delay his cure, or who fd&ns allv
dise:ISl.'. infirmity, or in:l.bilily to penonn his duty. shall suffer imp: iSOllnltnt or
such olht'r punishmenl :ts is hCTC'inafter mentioned.
rcn3tty for 38. E\"ery person subjeet to this Aet who h.1 any cause of complaint,
endc;lHlUr either of Ihe unwholesonleness 01 the vidll:lls or upon "II)' other just around. shall
inC to stir qnietly make the s;une known 10 his snperier, or captain, or to the elliceT
1J1' :lny comm:tnl1in/o! the Burm:t ~"V}', and the So1id slIperior. capt..in. or cfficer shall, a~
dislurbJ.nte
on llLX(lIInlol (af as he is able, Callst the same: to be presently remedied i "nQ no person subject
161
10 Ihis Act cpon any pretence whatever shilll :tlll'milt to stir up an, disturbance IInwbole.
upon pain of su.:h punishment as a courl.marli",llII:I),thinlt fit to illftid, ;u:cOfdina M:Imellest of
to the degree of ocno:. tile \itlu:al,
or olher j...t
'l'OUtld..
39. All the papers, charter.p;.rties, bills of l:ldiu)(, passportli, and other P~":Illy '01'
writings whatsoever that shall be taken, $C'izc.-d, or (ound aboard :IllY "hip or ihips ""llalGia,
which shall be taken as PrUc shall be dul)' preserved, :11111 the commalldin~ dfi"Cl' lottie
Go,~t
of the ship wllich shall lake such prize shall scud the nrij.(imlls entin: and Wj,hOIoll
all ~ren
fraud It) the H4:I, Court cxerdsinl! Admi."altr jurisdiction or such Cootl or 'OUIIG ~bga,d
commiS$ioners as shall be authoriud to del ermine whether such prize be lawful prile ahi",.
~ptu~. there to be vic\l,'W. nl2de usc 01. 2nd proceeded upon :lccordine 10 bw,
upon ~n that evc:ry PC('$(lQ oft'cildiui herein ,h.,11 be (lislUis$ed from naval
service, or shall suffer such other punishment:lS is hell!:iuafttr menlioned, and in
addition the:reto shall forfeit alld lose lib share of the: I.:lptUI'C.
40. No person sub.iecllo this Ad shall lake out of an)' pritt or ship seita'l Penalt, for
for prize any moner. plate, or ~oods, unless it sh..11 be llt('esS'\'1' for the beller td:iaCmonq
sec1Jrin~ thcreof. or for the necessary U$e and scrvit,.'C of any of the Gon:mment 01' oIbc:r
eflectl out
ships in commiuion and velISefs of W;lr, before the same be ,.diuctlttd lawful uf ;IIny pritc
prize by lhe HiRh COllrt exercisinl!. Adl1lirallr iurisdidiC'n ; but the fuJI ,mel entire bcforcthe
account of the whole witbou: em~zz.lemcnt sh:11f he hrou~ht in :lOll judj.!ment IlIIRC.,.,.1I be
p.uscd entirely upon the whol~, without fraud, upon lAin that every iX~n CClItGcmned.
offendin~ herein shall he dismissed fmm naval ~e"ke, "'ilh di~",ccl or ~uftcr
such other pllllishment as is hereinafter mel1liolled, anti in adtlilion therelo forfeit
and fose his share of the capturf'.
4. I f any 5h11\ or vessel is t..ken :IS pri7.c, noue of th" dficcrs, mariner., or PCII~lty fnr
other persons nn hoard her shall he str;ll~d of their clothes, nr in any SOft slriJlf'illC or
pill:lged, heaten, or evil intr~lled. upon Il:tin thai the pcr~on or perliOns ~o oft'm- ill-uailll per.
SIltlJ lata!
din~ shall be dismissed from ""val servic(', uit h di~arncc, or III fier sue I1 ot her Oil hoard aJ
punishment as is herdnafter mentioned. pl'iIc.
42. If the commandin~ officer of an)' of the CroY~rnment ships in P~nllly on
commission does :'Iny of Ihe followins.:: thin~s, n:'llllelr, 'Olllnu."detJ,
. I ood c:lrtnriltl at
II) by collusion with the rnemf ta~es as prize ;In)' vcsse, Jl: 10, or pIIIC by
thin~ i .:oll",ioll tof
(2' unl:lwlully lj.!rees with .lllY person for the f:lllsoming of an)' vCilliel, elllhlJi,~I)'
. k . rc,lutilll
gOOlIs. or t Il1ll!! 1:1 en as prize; or . . wi!" or
(3) ill [lursl1ance of an)' un1:ndul agretnll:nl for ransomllli! or othCr":lsc xood l .
by collusion actually quits or re&:c>res allY vessel, goods, or lhl"g
taken as prize,
he shilll he liable to dismissal from na\'~' sen'ice, with disfitrace, or to luch other
punishment as is hereinafter mentioned.
PCMlty for
43. If any person suhjce:t to thisAcl hreaksbolkon board any ves!le I ta ken breaki~,
as prize. or detained in the exerci!it of any hdli"erenl rieht, or under an~' Act bill. llCI
relatina 10 plrac)' or to the ~lave trnel~ or to the CU5loms, with inll:nt to embezzle b.-rei pri.
aaythini! therelO or bdonRinj.! thereto, he Sh.1Jl he Iiahle to dismi!t~al fronl n"'al Ibiptrillu
.
struce. WIt. h dU'J!racc,
. . Ilert'lOa It er men t 10~1 'en,blUl~
or to sneh other p.lnJ!thnlent as IS \i_ tn
:lnd In additIOn thereto 10 forf~it anrllo&e hissh"re'o( the: c;apture. ment.
. . .. _ p~lIy lor
44. Every persoll suhject 10 this Ad whn is gmlty of :tny act, (!lsorllc,r, or oIfuUS
neglect to the prejudice of ~O"ld order ~nd IIIV:l! discipline, no~ hcninbefore ~pflll pnl
specified, shall he dismissed from naval service, with ditgrllCe, or ~erSllCh other
panllhm ent as is ber~iDafter mentioned.
11
.. -
cliJ(~JIIi~c~ot
pl11l1~ ::.
162 BurmlJ NlJtJ(J1 Diujtline,
Cri1ncs to be 45. Any person subject to this Act t:ommittinJ! any off~nce 3@:aiust this Act,
ptInishtd such offeuce lIot being punishable with death [or transportation)', shall, save
iKI.-ording to where this Act expressly 'Jlherwise provides, 1x: proceeded <Jj:l:linsl ;'Ind punished
bWI and
ClIItOllll according to the laws and customs in sneh cases used at sea,
in IIX.
ObclI"s ptwishabfe b}' Orcll'tla/y L1f~.
Peft;llty for ~. Erery l'erSOn subject to this Act who i, lluilh' of an offence ptmishabk
""-
pII11ish.tble
byor4inary
under section 302, 304. 3044, 371, 3Ti read with 51 I, 379. 381, 381, 382, or 392
of the Penal CMe shlll be: punisbable with the punisbrnent provided in that Code
law. (or the offence.
II an~' such ~rson is j.!uill)' of an}' olher crimino&! offence which if committed
in the Union n( Burma would be punish3ble hr the bw of the Union of Burma, be
shall, whether the (;f(e~ be or be Dot committed in the Unton of Burma, be
punish~J ~ither in pursuanc~ 01 th~ Ilrst p;lrt 01 this Act as for an act 10 the
prejudice of ~ood ord~r and nav:" discipline not othtrwist specified. or the
offender shall be suhject to the 5.1me punishment as might for the tim~ beinR be
aW:lrdcd by any ordinary criminal tdbuMI compelent to try lhe offender if lhe
offence had be~n committed in th~ Union of Bllrma.
OfIrlKCI 47. Far all offences 'speci~ed or refen'ed \0 in this Act, if committed by
wheu punish- nny persoll suhj~cl th~~to in an)' harhonl', haven, or creek, or on any lake or river,
ablc, wheth(r in or Ollt of the Union of BuI1nOl, or an)'wh~r~ within the Admiral1y
juri:'tclictiollof the HiJ:h Court, Cr at "or pl.u:e 00 shoTt Ollt of the Union of Burma,
or in any of th~ G:veI'nmcnl docky.lrds, \'idu:lllin~ rard~, sle-'m factory yards,
or on all)' gun wh:ari, Qt' in nny ar~en.,I, h.1rrack, or hospital befonling lo the
Governmrnt or in anr oth~r premi~s held l'o)' or on heh;,1f of the Governmenl fvr
naval or milila",- purpost1', or in any c.'nt~tn or s::tilon' home or 311)' place of
reacnlion placed at the disf'O!kl.l r f or 1l5~d h)' ofl"lC:ers or mtn of the Burma Ka,)
which n\a)' he: pr~nhed lIy lhe 1~~lent of th~ Union, whether in or out of the
Union of Burm'. the off(uder may be tried and punished under Ihis Ad: and
for all ofI~n.:es hereinbefore ~t'dfied under the headinJl:s" misconduct in the
~esence of the enemy", .. communications with the enemy"... neglect of
dut,,"... mUlin~' ", " illsullordination ", Iocleserlicn and absence witbout In\'c ",
or" miscellOlneolls off<llcCS ".if ..:omOlitted b)' ;'In)' person subject 10 this Act at
l\n~' place on shore. whether in or cuI of the Union of Burma, the offender may
be tried and pUl\i~hed under Ibis Act.
Pro\"ilion$ 44. (ll Wh~r~ an off~nce under tllis Act has heen committed by any person
where while suhjectlo this Act, 511Ch rerson m3)' be taken into and kept in Cllslod)' and
offcr:d~r hu
(cued 10 be tried and punished for $uch olJ~nce altbou~h he has cu.sed 10 be 511bjecl to this
I"'j~d to Act in like m;\nuer as lie miRht han: heen taken into and kept in clistedr, tried,
the Acl. or punished if he had continued so subjed :
l"rovidt:d Ih..t wbt~ a per;on has since the c"lmmi!'Sion of an offence c:;Iud
to he s.uhjtct In tlln Act, he s1l31111ot he tried for HlCh (ffenee, except in case of
o~el~nnf m1\lin~' or de!erriC'D, un!eso; proceedings. a~'inst him are instituted
wllhln thrtt n'K'nths ;lifter he hlS c~;lIsed to b(' snbjed t~ thIS A~t but this stcli,lI
shall not after! the jnrisdktion of a ci\'il Court in the Yse of 311;' offencc triahle
b)' such Court ;l~ wi'll a. b)' tollrt.m3rli~1.
(ZI Where a person ~nhlt:Ct to thioi Acl is ~entenced und~r this Act [to tTlln~'
1
portation, 1 imprisonment. or dttenlion. tlt;s Act shall apphto him during the terlll
of Ii!' sent~ncc notwit~shncling Ihal ht: is <list'harged or di)miS5td ','om 113\'31
sen'lce, or ha~ oth~{\\"I~~ cea~ed 1o he subj~ct (0 Ihis Ad. and he may he. kept ill
~Ilstod)', ~~mo\rcl, Impr.I!\Oncd, made lo underfl:o delention and punished accord-
llIgly, as I( .he had cnnhnned 10 b(: subj~ct to this Act.
I In,rrtcd by Act I, 19~3.
163
PART II.
GINUAL PaoVJSlO~
49. Where the ~moullt of punishment for any offence: onder thi5 Act depend. PU'WI.1' 01
.pen the intent with which it h:as been committed, and ;Uly person is chal'J:cd ''OUl~ltial
ritb h.l\"inJ,! co.nmi.lc.) such olfcnec wilh an intent in\"Omnll a W'Clter dc~e of t... filld in,lnt
punishm~nt, :l court martial ma)' lind 1b."1! the offence \\"a$ ccmrnitlrd wilh an ::~~...~blCb
inlent involvinJt a less d~ree of punishment. ~nd ",,-ani
such punishment COIl llIitttd
aecordinJ!,ly.
at. Where any person is char'Jtecl wilh any offcnce Dn,ltt this Act he lila) I Powuof
UpClll failure of proof of the commission of the Il:tealer diener, he found RoilLl' of C oUrt marlioll
another nffL!lICC of the same c1als involvinl! a leu dCll:rec 01 punishment, hut 1101 tn lilld
Pl'illlll~r
of any offence invoh'io" a b'1'Cll.lcr dtRrec of p..IlIisbmt'nL I,dlt)' of
r..,oItCllcs
011 clurlt of
"I*,",
'1. All :ume,1 reb.:I:i. armed mutinet", 3nd pirates shall be dt\:med to be Re\lc11 and
totmies within the meaning of this Act. :~~to
~nin,
52. Every officer in commlilld of a Scd or squadron of tl1eGovcmmenl Power 10
ships in commission, or of one of the Gav~rnnll'Jll ~hi~ in commiuion, orth~ ;l.rral
senior ollict't pl'e.ent It a port, or an onictr h:lving hy viriue of suh~ection 131 of offen,Jerl,
5tctioll StS of this Act pow~r to try off~m:es, mll)', hy warrant under his hand.
)ulhorin any p:~on to arrest an)' offender ~ubject to this Ad (or any offelLC'e
~cainsl this Act n\entioned in such warr:lllt ; and an)" such warraut may include
tbe names of more pe.'~IIS than one in n.'Pt'd of several dfcI1CCt of the $lime
uture; and any person I.amed in an, ~uch warrant may fc MhVoilh, nn his
apprehension if the warrant 80 directs. be taken on hoard the shiv 10 which he
bdonlb. or some other of tile Go\oernmell tship~ in commiasion ; :lnd any person
10 aulhorized may use force, if nelusary, for the purilOle of effecting stich
imhensions towards lilly peNon sut'lject of this Act.
5J. Every penon suhject 10 this Act who dot, not use hi, utmt'St PeoaU~ lor
CII.deavours to detect, apprllhend :'Incl brinj:! t? punishment all offenders against ::~~tl~~~~i
,hIS Act, and does not assist the officer~ appomted for thnt purvest, .hall suffer 0( rrlWIICl'S,
illlprin:lIn~nt or such other punishmc:lt ;15 is hereinafter melllioned,
PART III.
PI(()VISIONS AS TO PuNiSlJlaNTS,
(2) JlIIlgmenl of death shall not be passed on any prisoner unless rour at
lea.~t of the offict:rs present at Ihe court,martial, where lhe nllmber
doesllot excc\"d live. and ill other ~se~ :l majorily of nolless than
twothirds of the ofticcrs present, concur in the sentence;
(3) No 6nrling of 'sentence or a cOUl"tmarti:ll or a (liscipiinary court
shall be valid c:tcept so far as it m:lyhe confirmed by the President
of the Union or by allY officcr empoWtrcti in this \,)ehal! I)y
c( mmissioll of thl' Presidcnt of the Union, which 111:1)' contain ,uch
restddions or conditins as Ihe l'resident of the Union nl;ly lhiuk
fit to pr~scribe;
'(JA) The punishment of lralls!=ol'talioll may be iuBicled for the term of
lile or fO!' any other term of nolless than ~e\'en yl'ars ;
I (3B) Where a s~ntel1ce of tl'ansporf,llion IS passed, the offender $.hnlllx:
dealt wilh in the !',ll11C manner as if stull-nl'ed 10 rigOf\}lIS
imprisonmeut, ;lnd sh;lll be c1eemt:(llo be Iln(lerj,loin,{! his sentenrt
01 tl':lnspodation durinJ,! the term 01 his impri!'Onmenl ;
I (3C) The punishment of transl'Ortottion 'h:lll in all C;ISCS involve dismi:'$:ll
with disguce Irom the n:n'al stcvice ;
(4) A sentenl'C of dlsmis5.11 with clis~lOItt shall involve in all C<lSCS.1.
forfl'iturt of ,II! p,l)', head money, bounty. salvage, prize moneY:lI1d
allowallCt"~ that have bt'tl1 earntd b", and of ;,11 annui!ie;;, ptflsioll;,
~r.l.tt1ltit:s. Il1e~lal~, ;1II<! IlecoratiolH thi.1 may ha\'e t~en j.!r.lllted to
lhe oHender, ;lnd:ln in":;;p:lci')' to sef\'e the Government ;'I~.1in in
any military, na\"al,air foret, or ch'i! !Il!:rvice, and may also in ;aU
case< be; a..:comp.'llied by a *ntence of inlpri.c:onmtnt ;
(5) Th,' plll1ishm~'lt n imrri~f\nlnent m;lY he in8kted for any term loot
exceeding {fivt l' yeArs :lnd 11I3\' be accomp.lmecl with a It'nte,:,'e"
of dismissal from na\':l1 str\ict" ;
""I"\IIk:" 58. (1) An)' offc!nce tri:J.~1 ~ 011 ler this Al;:t m;IY be tried and pnnished b)'
havioll courtn~1rlial,
ro..... N 1" Iry
o({tllCC":'. (2) Any Clffenct> not callital which is trilhlll! undcr this ,\cl, anti (except in
the by this ;\..:1 expressly prOl'i.kd for) is not committed by an officer, ma~',
C;ISc;:S
under such rej;tlll;lliuIlS a.'i the Pre'illent of the Union fr,)fI\ time to lime iSStlts.
be summarily tried "lid punished h)'lhe ({(lcer in comm:l.nd of the ship to uhirl.
th~ cffendno pelon:!s at the time cith~r of the commission or of tile trial of 11)1:
offellce. subittt 10 the re~triclio:1 that Ihe commaudiuj.! officer shaU not haw
powcr {to award tral1sporlOlti"'n od I 10 :l.W3I't1 imprisonment (If ddentiOIl for
more than three months.
(J) The p..lwer 1' Ihis section v"tell in an ollicer commandin~ a ship
may-
(a) as rtspelo:ls persons or; Marti a tender 10 the .hip, be: exercised in thfO
case of a sim.ek lenth:r :l.bsent from the ship, by the officer ill
coml1\illld of such tender, and, in the C;1SC of two or morfO
temleTS at'SCnt from the ~hip in COmp;U1)' or acting lo~clher, br
the officl'r ill immcdiate lo:ommand of :;uch h:ndcrs; 2ud
(hI as rfOsp:cls ptTS(lns 011 hO:lrd all)" beat or Il(lals helC'ngin/o: 10 the
ship, be exercised "lien such boat or boats ;s or arc absnlt 0:'
del:lched sen;ce, h, the officer in (:omnland of the bo;lt or
boats; and .
(eI:lS r('Speds (.ICrSOll~ lOlil-icct to Ihis Act, 011 det:lched sen"ic~
l'ither on shore or otherwise, or snch of those perSOIl! :IS :lrf
1,0t for \lIC time beill~ m,1de suhjcct 10 militarr l1w, Itt
excn;;sed hr tl1\: dfi.:er in immc&1le ccmm:l.OlI of those
pcr501IS; and
(41'~ respects per:iOIl$ subittl 10 thi. Act, quartereel in 1m;!!
han':ll'ks, be excrdsed by the oilkt:r in command of Ihl)$l
barracks.
(4) Ex..:ept III ca~l' of lIlutin)', no mall shall he sentenced b~' the
commanding oftil'er to l"Orroral pUlli~hmelit until hh offence ha~ been
inquired into by one or more rRkt'ls appointee! til' Stich commanding cffil"er,
and his or their opinion as to the Huilt or innoCl'lIce ollhe perSOn char:.!ecl
reporled to such ..:ommandinJ.! officer, and the commanding officer sh~lIlher(-n;Joll
act as accorc!inj.( to his iUlIJ.!menl lllay seem ri).!hl,
Forlfllure of 59, The President of the Un:on mar impose the puni$hllleni of forfci:lIrc
tlille or of tim~ or seniority of nOl more than twelve monlhs on anr subordiuak oflicfOr.
Ielliority.
Tri;111J( 6t, (1) Where anr olncer bonle on the books of allY of Ihe G..vernmtlll
offi':er fur
di,cil'lin~ry
ships in commission ill in time or \\"ar :llIe~ed t(l hWe heen ~llilt}' or:l. disciplin"r,'
olJe,,. In dfnce, that is to l:iy. a l>relch of section lb. J9, 20, ~3. 2", 211 or 44 of lllls ACl,
time oJ Wlf. tht officer ha\'ill~ power to order a cOllrt-martial may. if he cIJllsiders thatlhe
offence i~ of silch a charac~er a!:l not to ncce~ilate In:l.l b)' court-marti:l.l, in lita
of ordenng a court-marital ordC'r a' disdpJi"ary .court cor,slilutec1 ;IS
hereinafter mentioned.
(Z) A disdplin:II'Y collrt sh:t.lI he \,.'Omposed of notlC"SS than three nor more
In:l.n itt officers. of whom one sllall be (a lieuten:lllt-comm:\nder]' or of hiJ:her
nn.
-----------_ -
I IrSoCnfdb~ .~ct 1,1933,
..
'. Substiluted i/tid.
167
(n A disciplinary ('.()Urt shall ft:ln power (0 impo;c 0lI1)' punis1I1Il~llt
infclior to delclltioll in the SC<l1e hereinbefore. contained, but no Itmtcr
punishment.
(4J The Pre.~ident of the Union may from time to time frame ~Cfleral
orders for rrgult1lill~
the asscmhlinJl, l'On~Ii'ntioll :\IJrl proceclure :'lIld 1'1':'lC'lict. of
di~ipJinary conrts under IhilJ ~etiOIlI :lnd may h)' those r('glliations :lpply,
with the necess:try lIlodilicltions, to di!ldplin:try cuurts lhe Jll'Oisions of scx.tiOtli
6S to 67 and aliollS 69 to 72 of.this Act rehtinK to cotll1sm:utial, and the
rCJ!u1atinns shall provide for evidence beinR taken (In oath and emp::lwer tbe
court to admiui<ter oaths for that pw"po$(.
?AIlT IV.
CoURTS-I",ImAL.
COfl$li""~ o!Cowh.UGrliIJ:.
61. The followin~ pro'risions are hereby made with ileSpCd to court.. CuutI.....
martial:- 01 courQ.
(I) A courtmartial shall consilt of not less than five nor more than olDe martial.
offic:eu j
(Z) No officer shall be qualinetl to sit as a member of :lny court-martial
held in pursuance of this Act unless be he a 1L1~ officer, captain,
commandt'r, lieutenant.commander, or lieutenant of the Burma
Navy on full pay;
(3) A court-martial shall not be held llnl~':lt le:llt two of the Govern-
ment shiptl in commi5$ion nol being tendmt, and comm'lIlded by
captains, comm:l.nders, Iitulen.1nt-comn:anders, Ilr lieuicnallliof
the Bonna NaYY on full pay. are together at the time when IQCh
court-martial ill held;
(4) No officer shall sit on I court-m:lrtial who is onder h"enty-oLae ye.v1
o! :Ii:e ;
(51 No court-madial (or the tri:t.l of:l ~ offie shall he dnlyconstittded
unless the president is a fbg (Officer, :and the other officers compos.
ini: th~ court arc r-f tl:e :-:lllk of capta:n, or of hi~her rank i
(61 No court-m Irtbl for the tri;d of :l captain in the BUfml NaY)' shall
be duly constituted unless the president is a cnrtain or of hj~her
rank, and the otber officers composing the court lire commandel'l
or officers of hil(her rauk ;
I(7) No court-martL,1 for the trial of a commander in the Bunlll Navy
shall be duly constituted unless the president and one other
member of the court are of the ranK 01 comnl111der or of hi&her
rank;
li7A} No court-martial for the trial of a person helo\v the rank of a
commallder in the Bunn:!. Navy shall be dul, constituted unleu
the president is a lieulenlnt<Clmmander or of hi(!her rank;
(8) The preteeutcr shall not sit on aD)' oourt-martial fer the trial of a
person whom be prosecute, i
(9) The President of the ('nion Sh111 have power 10 order court'\-mvtial
to be held (or the trial of olfences 111lder this Act, and to want
commissions to allY officer of the Burm:l Nav~ :l.uthoritil1R him to
order courhl.marlialto be held for the trhl o' 'tlch offence-;;
(10) An offil:er holdin!! :1 commi~sion from the President of the Union to
order coarls.m:lrtial 511.111 not be empowered to do 10 if there is
prc~..:nt at the placl: when: sUl:h court-m:lrtial is to be held allY
officer sUpt"rior in mnk to himself on full pay and in command of
. I S,,\l$lilutcd by ACIX~V.I90t9.
J68 DUTlna Nava. Disciplitle,
one or more of HIC GOTernmcnt shi)l!l in commission. or \'essels,
:tit hou,l!h ~ucl1 last-Illelltinned {fficer mar nol holel a commission 10
order cOtlrtJ{-marlial; ami ill such l'I case such last-mentioned
aflker ,m'.ly onl",!, a caurt-nmrlial, althauj/,h he does not hold an}'
commISsion fa: thl' PUl"PO~t' :
(11) Ii allY offict:r hohlinJ,! a l'ommi:.siou frollt the Presiclent of the Union
to order courls-martial, h;t\'ill~ the comm:lIIc1 C"f a IIcet or squadron,
and Uein~ ill foreign parts, die, hc rlulled, lean- hi" slatioll,Cf be:
remo\"ell fmm hisl'l'\ml11:mcl, the oflict'r lipon whom the COll1malltl
of the Iket or SQuadrun dt:volves, and so from time to lime the
o~iI;er who shall ha\'c the l'Olllmalld of lilt. llcet or ~qnaclron, shall,
\\'llhout allY l:olllmission Irom the I'residcnt of the Union, I:ave the
same power to OHler ccurls"m.11Iial as the fil'st-III{'nliolle<l officer
Wl'lS illvestcd Wilh ;
(111 If :lllY ofllcer holclin~ a cOlllmission from tile Presiclent of the Union
10 order courls-martial :!ollt! ha\-inft thc command of an)" IIcd or
M}llallrOIl of the G.werlllllt'llt ship~ in 1.0111111;s~ion in forei~n parts
~hall detach allY p:l.rt of such lIeet or $CJmdroll, or separ:lte hilllscif
from rony P:ll't of slich neet 01" ~qllad1"OIl, he m:a)', by commissi( n
under his hand, empower, in the flrst-mcntiOl:e<l {"asc, the
COmma1H1iIl~ offiCfr of lh~ ~qnadroll 01- delal.."hmellt ordered 011
snch !'>C:parall" sef\'il'~', ami in C:ISC of his de:llh ClI- ce:asinJ.!so 10
commaud,!llC ollicCl' to whom the command of such separ:ltc
~uaclron or detachmcnt shall helol1~, :and in lhe secondlr-
mcutiOlled case tht' S("lIior OOil"er of the Government shipS in
c01lllllis~iOIl 011 thc division of the st.1liOu h"<.1ll \\hich he is abseil',
to ordt'r cOllrl~-marti;,1 durill~ the time of such separate sel'vice,ol'
dllfio}! his ahst"llcc from that divi~ioll of the stnHon las the case
may !x'l, and eVH)' stich authol'ity shall contillt'e ill force nnlil
r,,\'oked, or until thl": ollic\'f holdiuJ.!. it returns 10 the Union of
Burma or until hc eomf'S into the pre~ellce of a superior oRicer,
t:nlpowen:d to ordcr c~nrIS-nl.1rtialin the ume squ;J,cfroll, c1dach
mellt, nr dh'isioll of a station, bul so that sllch authoril)' shall revi\'e
011 the officer hcldilll!: it ccasill~ to be in the presence of such <l
superior officer, and so from time tn timt: as often liS the C.'\IC so
requires;
(13) The officer ordt:rin~ a courtmarthl shall not sit thereon;
(4) The president of every court,martial shall be !lamed by the :.al;thorily
orderinJ! the same, or by any offi~r empowered by such :authority
to name the pr\'sidcnt;
US} No commander, li~utenantcomman{lcr.or lieutenant shall he ~quir~d
to sit as a memhel- 01 an)" 1:0nrtm;lrtial when four officers of a
hi~her rank and jl1ldor 10 the pr~~ident can he a!isemhled at the
place where the court-martial is to be held (but th~ regularity or
V2liclil)' of an}' court-martial, or of the proceedings thereof, shall not
be affected by anYCC'lmmander,lieuh:nant-comnlander, cr lil"utenanl
being req;,ired to sit, or siltin~, thel'C"on, under any eircmn-
stancesl; :tnd when any commancler, lieutenant_commander or
lielltenaut sits on an)' court-marti:11 the m("mbers of it sh~1I not
exceed five in numh~r ;
(16) Subjt:ct to the fort:~oin:.! re~nhtions, whenever a court-martial shall
be held the officer appointed to preside thereat shall slImm"n ~ll
the oliicer$'n..::ct in "ie'niority to himself present at the pbec where
a,mlfll Nand Duci#i"e. 169
t'!t courtmartial shall be held 10 sit lhereon. nntil the number of
nme, or such number. not len than five, as is attainable i,
complete, ,
64, lrr the absence of the jnoAe advocate of the fleet or his deplII)', and Appoililment
in defanlt of any, appointment ill this behalf hy the President of the Union, or by of oRiciatln.
the Ufficer Commandilt.l{ the Bmma Navy. lhe oJlicer who is to he the president of judie
the court.marlial shall appoint a f!l'rsr'1l to officilte as clCflUlr jm!f.!e ad\'ocale at advoea1e
the lrial i and the judJ.!e al1vocate of the Beet ffll'lhr time beill~, or his drptlt}, or
the person officiatinJ,t ag depllt V jnll/:e lldvocate, at any trial shall administer an
oath to every witneslt appearinlol at the trial,
611, As soon il.,,;lhe court is assembled, lhe nam~ of the officers composing .<d.
the COUI"! shall be read ovel' to the person charged, who shall be nsked if he allril\l,
objects to beinJ.( tried by any member of the court; jf the person charged objects to
an}' member, the objection shall be decided by the conrt i if the objection is
allowed. the place :If the memller objected to shall be lilled up by the officer ne'!t
ill selliortly who is not Oil the courtmartial, subject 10 the regnlations hereinbefore
contained,
The person charued may then raise any other objection which he desires
to make respectinJ{ the constitution of the COllr.m'lrtial, and the objection shall
tllen be decided hy the court, which {leci~ion ,,;hall he final, and tile constHution
of Ihe" court.martial !lhall not be afterll'ards impeached, and it shall be deemed to
haYe been ill all resllCCts duly constillllt\1.
66, Be(ore the court procel~ds to tf}' the perso,n ,charJ,:led. the j.udge (bth, tnbe
advoca'e of the fleet, or his depul}'. or the person officI attn" as depnty Ju~ae alhnit,j,tered
lomeml:!en
advocate of the 8<!'et, shall administer to even member of the court the followlll~ of court,.
oath; thai is to So1.)', martbl.
,4
1 do swe,lr. thai I will duly administer justice acco:-dinJ,:l to law, with~t
partialit)', favour, or affection j and 1 do fnrlhrr swear, tha! I .....111
not on ;'Iny account, at ~nr time whatsoe\'er, dlSC,lose or dlScO!er
the vote or opinion of any particul<u member of thl' courtmarttal,
unless thereunto required in due cou:',,;e o( law":
110
Provided that an affirmation to the ~me effect in such tenns a.s the
President of the URion mal' prescribe in this beh;l)f rna)" be substituted
lor MUl;h oath.
O~tht to be
67, As soon as the s.'lid oath is ;\rlminisl~td to the memhers of the COII'"!-
adminltleud martial. thc presil!elll sh:llI adminisler 10 tllC Juclgc OIdVOl.:ale d Ih~ fleet. or his
to jllllfe deputy, or tLte person offici.1.lhlg as deputy jl\d~e advoc.1.te, the followlIl& oath:
achoote, de.
.. I do swear that J will 1I0t upon any accowlt, at ;Iny time wha1soe't'er,
disc~ or discO\'cr the vote or or-inion of any particular member
t'f the court.m:u111.I, unless thereunto required in due course of
law":
ProTided that an affirmation to the same eKeci in snch terf!ls as the
President 01 the Union may prescribe in Ihis behalf may be lubstituted for
such o.,th,
Power to 68. The President of the Union may make mch general orders regulatini
President to prO\:edure and practice of courlsmarlial as he may from time to time deem
m:.ke urders necess;ary.
for proce-
dure alld
pr~ttira of
courtt-
m.. rti~1.
69. E'f'CT)' person, civil, naval, and milibrr, or bdonline: 10 Ihe air force,
\\"ho may be required to ii'f'C;: tyidtllct" before a COurl-n12rtiai shall be summoned
by \\"rilina IlnO~ the band of a &:c.retlTY to Ihe Gonrnment of lilt Union of
Burma, Or by the (leput)' jud~e ::l.dvoc:l.fC', or thc person appointtd to offici:ilte 2S
deputy judi:e ::l.dvoc:ate at the triOll j and all person!! SO summoncd and atltnding as
williesstS befort al )' conrt-tn:trtial shall. ('uringtheir ntceS5.'I.r)' attendancc in oron
such court, and in goil'Jt to and returning from the fotlmc, 1Jc privilea:ed from arrest,
and shall, if IInduly an-ested, be discharned b)' theColJrI out of which the writ
or proce!tS issued h)' whicb sceh witness W:lS "rre:lled, or, if the court-martial
tbino fll, in case any" such person, \\'lto i:'l subject to this Act. heMlg
!,.-alled upon to Rive evidtnce 3.t any OO\lrl-marlial. refnsts or neglects to
attend to ltive his evidencc uJ:On o.,th or affirmtion, or prevaricates in his
evidtll("e. 0'" behaves with conlenlpt to the court. weh courlmartial may punish
enr)' ~tlCh offender by impri$('\nment. 01". if the offender is a person liable to be
senlenced to ddention under this Act, by dclelliion not Icnl,'er than thre!(" monlhs
in e:tse of liuch rdusal. 1I~IW. or pre\~trication, nor loulter than orc mouth in
the C.1Je 01 stich contempt i and C'f'try person nol subject to this Acl who may be
so IaI'lmlOntd to allend sblll he allowed and p:lid his reasonahle expenses for such
attendan, undt:r the 3t1lh(>rit)' of the fre'sident of the Union or of the pruident
of the courtm.~rtLal on a. fOfciltn stalion.
Ptn~lty 011 ~ Evl,:t) I"CMOn who, upon any eumin.'lion upon oath nr upon
rcr""11 alfirm:allon ~l<>re. any" court-martial held in pllt!luar,ce of this Act, mak~s an)"
til"in!!: blse st:llement \\"!ldl IS false :'lnd which he either knows or bl!lieves 10 Ite false or
cldclce.
d~s not bcht:!C to be true, shall be etecmecl to have committed thc offence of
IU~'11'I1o': [:alse e\'~dence ;. and tvcry such offencc, wheresOcver commlUed. Ihall be
trt.able and pUQlsh3blc m the Union of Buom,
,I.
Burlllil Nat!n/ Disdllj'r.
PART V.
PRIS'NS.
(Q) notwithst~ndillL: an)'lhinL: in this Act, the term or Ihe stntencc shall
nol be reckoned as commencin5f unlil an ordf'r of committal is
issued;
(b) the case may ;It any lime, and shall at intervals or not more Ihan three
months, be recollsidered b)' the President of Ihe Union, or
comnlittill~ authority. Or an officer holdinlt such comnlalld as Ihe
President of the Umoll mol\' by rcgul;ltion PN:k'rihe, and it on any
snch reconsillcr.lliolt It aprcarli 10 till Prlsidll.l of Ih(' Un:< II or
comnlillillg aUlhority or officer that the cnudu..:t of the offcnc~er
since his conviction hall been such as 10 justify a remlnion of the
Sf'ntel;ce the President of the Union or commiUill~ authorily Ol'
ollicer shall remit the whole or allY part or it ;
fe) subject to rc~ulations made (,)0" the Prl'siclenl of Ihe t: .. iOll the
Pre.sident of the Unioll or cOl1l111ittill~nuthoritr, or all ofticer holding
such cOmm<llld as the,Presidt:nt 01 tile Unioll mar by regul"lioll
prescriix-, may at any time whilst the seutence is wSj:ended iSlue
au order of commillal :lIld thereupon the scnlcm:e shall cease tobe
!juspended;
(d) where a per!j()ll suhject to thi!i Act, whilst a ltCllteJlCe on him is 10
suspended, is sCllknccd to trallsporlalion or illlprisollmt'nt or
detenl'r11l fol' :my other nffl'nce thf'I1, if ht. b.at any time committed
either under Ihe suspended sentence or under allY such subltequenl
senlem"c, and whether (If not allY such lttlb~ (quent ~cntem~e has
'llso bct'n suspcnded, the commillinlt authoril)' may direct that the
t\\'o !'el1tence~ shall run either conCllrrt'nlly or l.:onseculively. so.
however, as not 10 cause a persollio ullflt:rj.!o irn)lri~ollm:lIt for a
period t'xceedill~ the aj,(j.!rej.!ate of li\'c cc mecutive l'tarS (..r 10
ulldetj.lo detention for a period c,"ceedinl: the llCL:re~ate of 1\1"0
conse,uli\"e years, and where the sentence of such oilier offence is
a sentence of tr:tll:>porlatiOIl. IIlen. \\ helher or not that sentence is
suspended, anr predou5 ~entellLe (\( imprisonment or detenlion
which has been suspended shall be avoided"
[WheN' a person has be~n ~entenced to trallsllOrt"tion or implisonmentl' or
detention and <tn order of committal has he,.n issll('d. the Prrsident of the Union
or the cOl1lmitlin~ authorit~". or all officer holdin!,! such comm111d as the Prnil:Cllt
of the Union rna\, br reJ!ulation prescri~, may order the sentence to be sl:spcndcd.
illltl in sxh C"ISC the person whose sentence IS suspended shall he discha:~etl and
the etlrrener 01 the sentence s1:'lalt be suspended until he is a~in committed under
the same senlence, and the foregoinl! p~r.1l!r,lPhs (6), (cl alld fa') of this s:ction
shall appl~' ill like manner as ill the cast: where a sentence has been IU$pended
bdore an orde;' of eommilt<t1 has been issued,
Where a sentence i!> suspended under this sedion, whethe!' before or after
commilt;ll, the Presidelll or the UniOll or, ~Ilhject to allY regulation or direction
whkh may be i~slled loy tht' Prtsidcnl of the Uniol1, the commitlinJ.t authority or
officer by whom tht'! senttllce is ~llsrended may, 1I0twilh!llandin,:: anythin,:: in
section SS of thii Act, <lireclthat any penalty which is involved by [the punishment
of tr.mspolbtion or implisonment or detelltion] I either shall be or shall not be
remitted or suspen(led,
Pl:u:e of 17. Whenever it is deemed expe{lien! it sh;11l he I;miul for the President
impris'lilment of the Union, Ihe Officer Commanding the Bnrma Navy, or senior naval oRicer
nlay be preso:nt, by :l11Y order in writing, from time to time to chaJ1ge the place of
chan,ed,
ot,. eonnm:mt:nt 01 anr offcn<!el'illll'risOllecl or sentenced to be imprisoned or detained
in pursuance of this Act or of an)" vffender nnder~oin/;l or sentenced to tlnderJ{o
(!elenliOll, and the J,!.luler or other person !l:l\in~ tile CI1!:>tody of sl1ch ,fftnder
shall illlmt:diatelr on receipt of stich order remove such offender to the gaol,
prison, or honse 01 corrt:ctioll, or, in thc case of an offender underJ{oinlil or
senlenced to underAo detention, to the naval detention qnarters mentioned in the
said orller, or sh:tll dt1i\er him over to nav,ll custod}' for the purpose of the
offt:lltler !>tlll!! removed 10 suclt prison or !laval <letedion quarters; and every
gaoler or keeper of such bst-lllent;one:1 I,risen. !-lao!, or hou~e 01 correction or
na\':11 (letentioll quarters shall, npOll ~in~ rurni~lll':d with a {'npr of stIch Ol'der of
relllol"al, allestetl b)":l Secrt:l:nr to the Go\'ernmclIt 01 the Ullion of Burma for the
time heilig, receive i ItO his cllstod}' and shall coniine pnrsnan! to such sentence
or onkr ew:rr SllC!) ofkll{Ier.
E~pell5es of 78, The J.:\o!t:, or othcr person rcmo\'iog anr offender in pursu;mce of such
remo\'alor order sha1l hc allowed for the charges of sllch removal a snm not exc('('din~
~"h~;stellce
01 I'No,er$. twdre :lI1l1:IS a milt:, amlll"hcn any offender is 1I0t connned in a naval prison or
nanl detenlion C)lIarlcrs the !!aoler or othtr person in \\'hose custody any !ouch
offender rna}' he, shall receive such ,1n allowance .1$ the President of the Union
shall from time to time direct for ('\'ery dar that sllch offender is in his ,,;ustoc!y, to
be apllliecllowanJs his subsistence, ancl stich stirn shall be p.1id to the said gaoler
or other pcr5(l1l nnder the authority ('of lhc Prtl'idellt of the Union upon the
application in writin!! made to the I'residellt of the Union by the District Ma~islrale
within whose jurisilicliC\n suc.h g:lOl, prison, or hOllse 01 correction shall be situate,
with a copy o( the sentem:e or order under which the offender is conlined.
Versons 85. F:VCI"y per~Ol\ in ('If hl:loll.L!inJ! to the Rurma Navy, :lI1d borne on the
slItojt to
this Act. books of any olle of the Gon'rl1lllcnt ships in commission alld every m~mber
(\( tI... Bnrma N:l\"tl Vohmleer Uestrve clllrinJ!: and in l'espt{.:1 of the lime when
he iii scrvilla: in the Rurm:lo N:lov\', whetho:r for tr:l.ininJt or exerci~ or I)''lvinl! 1~C'n
callell up (or any dilly or lIoen'ice ill Ihe Burtn:l N:wr, :011:111 he stlh~t 10 this Act;
;\11d all olher pel"$Qns IWN'h)' or hyan)' other Act made liahle thereto ~haJ1l~
triahle and flU11ish.d.le under the provisions of this Act.
Land ~d ;lir
fOf\t:! 86, The Allrma land :l.nrl a.ir lorc~s. when emh:lrked on boud any nf the
embarked as Governml:111 shirl' in \~Ol1llllis~i('n, slm111~ sllhjectto Ill..: provisions of this Act to
{IOIucng~. lluch I':l:tl'nl and noner such n:gnlati(ll~s ,U t~e President of the Uninn, b~' a.ny
onJer or (lrners, sh:dl al :tnr time Qt' tImes direct,
other
!'CnouS a7. ,\,11 other pcr:lOIlS :lrdered 10 he r~ceivedor bdn): ~n):~n; on bo:lm
cml>.lrlr.cd :lon)',o( Ihe G~\'ernment ships in o.:ommission sh:lll he deem~d to he Pt'~50ns
u~,
subl~et to tin.. Act. mu"lc:r such rrgutltions ;IS the President of the Union 1IIi1}'
.~ hom time 10 lime direct. .
Pro,i.o;iotlS
.efle.:l in , ~, \\',Ih r~pecl to \'e~sels in naval sen'ice in time of war, wliethcr
di,;.:iplin~ill btl?nlo:lllj! 10 Ih~ G('l\'Crnmellt 01' not, which are not whollv manned by U::"";,1
shif'l~ ill r:lI1~~s, hilt belllJ! either :lrmecl or under the command of an officer in na\',1
Il;l\al.enice len'lce: lite (~lIow~ll~ pr(l\'i~ions sh:lll bke effect iI in any e:lo~ the Presic!eot (If
ill. war,
the Um?!l Ih!nk~ lit s? ~(1 (I.~ct, :lond wlY.re such direction is gh'en the same shall
be l peclhed In Ihe slUfi s arlich':
(II E\...;-~ I'CI"$QI\ !nrne on Ihe boo!':s of :In)' sllch V\:t$e! shall he suhj~d
to Ibis Ao.:l ;
t1l AllY off~nce c,'m'lliUcd til' an)' !'lIch flC'rson Shltl be lried and
punished as the like offence might be tried and PUnished if
oommiUed by any peNon in or belonp;ing to tbe Burma Navy aDd
177
89. (1) Where an officer or noncoml!ussioncd officer, nol below the rank Rel.liOlll
of ser~e:lnt, is :t. member of :t. body of tile Bumla military fcrees adin~ with, or is brtwo:en
attached la, any bally of the Burma naval forces undn loueh conditions:t.ll rna)' be milihl'J'
"ava.! alld
prescrib(d by rel.1ulations made b)' the Prcsiclellt of the Union, then, for the air feme_
purposes of cJmm:t.nd and discipline and for lhe purposes of the provisions of &CUnlt
thill Act rdatinJ.: to snperior cfficen, he sh311, in relation to :ouch body of Ihe together,
Burma Il:t.V:l.1 forces as aforesaid. be treated and may exercise all such pOwenl
(other than powers of punishment), as if he wel'e a naval olliccr or petty officer,
as lhe case (1m)' be, '
(2) Wherc an officer or llon,col1ll1lil>~ioned nfficcr, not helow the rank of
serg~ant, is a mcmber oE a body of thc Burma Air Forc.: actin!: with anr body of
the Burma \Iowa! forces under such conditions as m;ly bc prescrihed by, rellula-
liollS made by the President of the Union, MId such officer or non-commissioned
offiet:r is not borne on the books of :IllY of the Government ship~ in commission,
theil, for the purposcs of CQmmancl and discipline ;111\1 for the purposes of the
proyisiol'r;, of this Ad rebtinR to superior oflil'l'rs, lie simI!, in relation to such
body of the Burma naval forces as aforesaid, he treated, and rna)' exercise all
such powers (other lhan powers of punishmcllt), as il he were;l n)\'al dficer or
petty officer, as the case may be,
(j) Where anY naval officer or seaman is a member of :I. hody of Ihe
Burma lIaval forc~s :~c1inR with or is attached to any body of lite Burma military
forces under such conditions as m:t.ybe prescribed hy rc~ulJ,:ions made by the
President of the Ullion and then, for tht: purposes of comm.md and diloCipline
and for the purposes of the provisions of Ihis Ac~ rciatinR to sureriOl' officers,
the officers ;tn,1 JlOfloCommissinncd offi;~rs, not hc.ow the rank of K.rl!t:ant, o(
such mililar\' bodysh:tll, ill relation to him, he treated, and lnay exercl~ allluch
p.lwers (t'\th~r tlun plWel':> of pulushment), 205 if they were Danl officect and,
petty offictrs.
12
178 BurmtJ NilMI Di<dpline,
All the 91, When no specific char~e is made :lR;.dnst any officer or seaman or
officers and other perSOn in the Beet for or in l'eSpect or in consequence of sneh wreck, loss,
crew, I lost riestrucliCln,or capttlre, it shall be la\\'(\l11o Iry all the officers and crew, or all
ship may be
tried by OIIC the survi,'iog officers alld crew of any such' ship to~ether, before olle and the
COllrl. $;tme c(lurl, and to (all upon all Qr any df them when upon their trial to a:ive
evidence on oath oaRia rmation before the court touchin~ any of the matters
then under illlIUiI'Y, hut no olli.cer or seaman or other pers"n shall be obli~(d to
give allY evidence whkh lII:ly tend to criminate himself.
'" b, 92, When deemed necessary by the President of the Union or anrofficer
cr aralc authorised lu orj~r l:Ourlsmartial, scparate rourls-martial shall be held for the
cowl. trial of !Ollle olle 01' mOI'C' of SlIeI, I fli~crs a,-Ii new for or in respect or in
consequence of the wreck,l"ss, dl'strllction, or capture of any such ship,
.'or 93, For any (>fh~nc\'l or off(lli,;es commilh: [ by any oaleer or ~arrl.'\n,
. l\looe::tutot or officer,:; ami seamen, after the wrf'\:k, 105:>. clestrur.tion, or capture 0 f
oIrcnce, :to)' such ship, a separate court-martial shall be held for the trial of such offender
tiepuale
court. or offene'er,:;.
Para( crCWt 9", When any ship of the Burma Navy is wrecked, lost; or otherwise
c1sbirs 10ft destroyed, or laken by the elle01Y, if it appears by tbe sentence of a court
or t:l.kcn. m.'\tth,1 that the crew of such ship did, in the case of a ship wrecked or Il)St,
do their utmost to ~ave her or get her (Iff, and in the case of a ship taken by the
enemy, did their utmost to defenrl themselvu, and that they have, since the
wreck, destru':li~n, loss, or c;J~tl,;re of such ship, behaved themselves well and
95. If the ship of ;1Il)' ofiicer ordered to command any two or more of tile When Iblp
Government' l:lhips ill eomlllis~ioll is wrecked, 1051, or otherwise destrol'ed .lIuch nl knklr
officer shall conlinue in Ihe comm;lOd of any ship or ships which at the time of nn',CtT i.lt It
he m;,)'
hit ship being wrecked, lost. or destroyed was or wcr~ nl1der his command, and dilrwe of
it shall be lindal (Or such officel to order the SU,,-j\'illi ollicers ;tnd crew 01 the officer. nod
wl\:cked, lost, or destroyed sllip to join any other .lIhip under bis wnlluand, ur 10 crew 011011
distribute them amoll~ the other shipS under his command, if more than one, and Ibip.
snch ofticer shall, Ulltil he meehi wilh some other oftker sellior to himself, have
the same power and allthority in all respects as if his ship had not been wrecked.
lost, or destroyed_
96. It shall not be !;n\"ful for any persa:1 to arresl any petty officer or Rcatridlon
seaman, by allY warrant, process, or writ for all}' debt, unless the d,bt was Oil Ineslof
contracted at a tillle when the debtor did 1101 belong to rlaval ~rvjce, nor un less ~men,elc.,
before the issuing o the warrallt, process, or writ, the plaintiff ill the suit or lor debt.
some person on his hehalf htls made:an affidavit in the Court out of which it is
issued. thai the debt ju~t1y due to the plaintiff (over and above all costl) wal
contracled at a time when the debtor did not helonR to naval service, nor unless
a memorandum of luch affidavit is marked on the back of IIle warrallt. process,
or writ.
97. If allY petty officer or seaman it arTestcd in contravention of Ihe Dbehlrp
provisions (If the last foregoing seelion, the Court out of which the .....arrant, from alT'Ctl.
process, or writ issues, ot' any judge thrted, marion cOlllpl.,int or ttle part)'
arre~te(l, or br his superior officer, in\'l,~stil:!ale the case on oath or otherwise. ;mel
if salisfied that the arrest was made ill contravention of thc provisiOlls of tile last
forcgoing section, m:lr make an order for the immediate disch3rge 01 the p.uly
arrelterl, with\.ut fee, nod rna)' award to the complainant Ihe cosll of his
compl;linl, to be taxed by the proper officer, for the recovery whereof be shall
have the like remedya5 tI:e plaintiff ill the suit wonld have on judgnlt'nt being
given in his favour with costs.
98, 11) A persall subject to Ihis Act ~hall be liable to wntrihute to the Liability of
m..,inlenal1ce of his wife and of his childreu, kgitimatt or iIIelo:ilimate, to lilt S<lme
eztent as if he were not so subject i but execution in respect 01 any slJcli liability
,,,
I~-amen, etc.,
mainlenarKAI
Or o( an)' decree or order in n:spect o( such maintenance shall not iSltle against ofwivu an'
his person, I)<I.}'. arms, ammunition, equipments, instnln:ents, or clothing, cbUmn.
(21 Where-
(al it appears 10 the s.,tislaclion of Ihe President of tile Union or any
person deputed hy him for the purpose thai a person subject to
this Act has deserted or Ie!! ill destitute circumstances. without
reasolftlble cause, his wife or any of his le~ilimatc children under
foul'leen years of a~e : or
lbl any (lecree or ord(r is made under any law for pa)'ment by a man
who is or subselluently becomes subj.;;ct lo this Act either of the
cost of the maintenallce of his wife or child, or of the co~t of any
relief given to his wife or chilo h)' way of 10;lIl, and a cory of aDch
decree nr artIer is sent'0 the President o( Iht Union or any person
deputed br him lor the l'Iurpo~c;
the President of the Union or the ptrsOll Sl'l depuled may nirect to he deducted
frOID the pay of the perwn so sobject to this Act. and to ~ appropriated t,owardi
180
the maintenance of his wife or children, or in liquidation of the lum adjudged 10
be paid by such decree or order, as the casc may be, in such .:nanner as the
President of the Union or the person so deputed may think fit, a portion of such
pay at hi.i discretion, bul the amount deducted ShlU not ex<;d the amount fixed
I
by the de..:.ree or or~l:'r (if any), and shal~ not be a hi2h~r rate than the rates fixed
by foles made in thIS behalf by the President of the Umon :
Provided thl1 no slIch deductions from PoW in liquidation of a SUID adjud~ed
to be paid by a decree or order as aforesaid sball be ordered unless the President
of the Union, or the person deputed by him, is So.'\tisfied that the person against
whom the decree or order was made has had:1 reasonable opportunity of appearine
himself, or has appe:lUd by a duly authorised legal representative, to defend the
case before the Court by whkh the decree or order was made. and a certificate,
purporting to be a certificate of tbe co~mandillg offi~er of the ship on which he
was or is servin!:. or on Ihe books of willch he was or IS borne that the perSOn has
bt;:en prevented by the requirem~nts of the service from attending at a hearing or
any such Colse shall be evidcnc~ of the fact IInless the contrary is proved.
Where :my arre<1rS have accumulated in respect of sums adjlK.lged to be
paid hy allY such decree or order a$ aforesaid whilst the person ~nst whom Ult
decree or order was made was serving under this Act, \'.'hether or not deductions
in respect thereo have be~n made rom bis pay under this sedioR, then a(let he
has cc,\Sed so to serve an order of committal shall not be made in res~t of those
arrears unless the Court is satisfied that he is able, or has. since he has ceased so
to serve. been able to p..1Y the arrears or any P;\rt thereof and has (ailed to do so,
(3) Wht:re a proceedinJ: under any law is instituted against a person
subject to Ihis Act for Ihe purpose of enforcinJ: aeainst him any such liability as
above in this section mentioned, the prOCCS$ may be served on the commandin~
officer of the ship on which he is serving or on the books of which such person is
borne. or where, bV reason of the ship being at sea or otherwise, it is impracti.
cahle to serve the process On such commanding officer, the prOCesS may, after
not less than t~[ee weeks' notice to the President of the Union, be served by
being senl to a Secretary to the GOVCrtUnn1t of the Union of &tml. for
tr:lnsmission to such commandin~ officer, but SllCh service shall not be valid
unless there is left therewith in the hands of such commanding officer or
President of the Union such slim of money, if any (to be adjudged as cosls incurred
in obtaining the decree or order if madt: al/.ainst the person on whom the process
is issuedl, as may be 6x~ by the Presidenl of the Union 3S being necessary to
enable him to attend tht: hearing of the case ~d to return to his ship or Quarters,
and such sum may be expended by the comm;anding officer (or that pUrpose, and
no proces.s whatevcr under all)' law in anr prOC";l",lina: in this section mentiolll:ll
shall he vaUll aW'inst a per:lOll subjed to this Act if served after such
verson is under orders for sen"ice on a roreign station.
The r;'Oduction of a certilicate of Ihe rectipt u! the process purporHn~ to
be signe I b.' such c()mml.l\din~ officer as aforesaid shall be eTidence tbat the
pro.:ess has been duly serYCd unless Ihe contrary is proved.
Where.by a decree or order sent to the President 01 tht: Union or officer
in ao.::orcbnce with suhstion (ZI of Ihis section, the person 3l::ainst whom the
"ecree or order is llIade is adjud~ed to pay as costs incurred in obtaining the
decree ?r order any sum so left with the process as aforesaid, the President of
tht: Umon ma.,. l':lU~e a sum e,\ual to the sum so left to be paid in liquidation of
the sum SO adjnd~ ...d to be p\id 3S costs, and the amount so paid by the l'resident
of the union ~1\).11 ,~ :l. ptlMic del:rt from the person against whom the decree or
order was tn.\ If':, ,Ind, withoat preiudice to any other method of recovery, may
be: reeo\'ered b)' deductiOn frOal his ~Y. in addition tet tbo" mentionw in $ub.
Ktticn (1) of tbis section.
181
(4'1 This section shaD not :lpply to persons a.abjecllo lhis Act where stICh
pertO(S~a~tion the elPression II PlY" includes all sums r-yablco to a
man in respect of his stn'ices other than allowances in lieu of IodginltS. rations
pro"Oi!ions and cJothinR.
99. (I) The President of the Union llll1y make rule, to carry out the Powerto
purposes of this A.ct not otherwise speci6clllll' provided for. mtb ndel.
(1) Any rule made under this section may coat:'lin a provision that any
persoo committing a breach of it shall be liable to puniahments mentioned in
uu. Ad.
I MA.. 'l'be President of the Union mar dismiss (rom naval senke any Power 01
penon. subject to this Act. ".waul.
PART VII.
s...vn'G CLAou.
.... Nothing in this Act conlained shaU be deemed or takeD to IOpef'Kde Ad DOl to
or alce:t the authority or power of any Court ortrihunal of ordiLt:'l.I1' civil or
criIIIinal jnrisdiction. or lily officer tbeTeor, in respect of Inyoffence mentioned ~~
:r;:tol
in this Act which may be punisb:l.ble or cOfIni$;l.bJe by l;t""or to prevent any COurts.
penOIl bein, proceeded against and punishtd in re!lpc<:t of :'In)' ""eh offence
otherwise than under this Act.
SCHEDULE.
1 LiC1l~ ...
4. s.b-Uttd:enaDt
S. .....
6. lrIiclthlpmaa'
..
2. Un":aant..oo.mandtt ..
""'
Mlp'...
..
Linteual~.eJ
UeutfSl:lnl
SKond ~lt
RedmcnUI ~Wllor
...
..
..
WiD' ComltWlder.
SqlladrOrl Leackr.
Flitl"hl.~tenant.
.')'In, Officer.
Pilo! Ofhcer.
M.ln" Pilot and NnlpfOf.
7. _ ... Warlldlt Offictt Cbn 11
Chid Pett, 0Iiter Con:l~Ouarter.mlltCf ...{ F1llbl.&rgei~i:
5eTt::eanl. Pilot . d Navl~;lor Grade I.
'9. Petly Officer ... serlflill ... { Snleanl.
..i1ut :I:ld NI~lgator Grade II.
Corporal.
10. LeadI.. s.men Pill,ll and Ha~iilfalor Gl'1de III.
11. Abl.. Summ and ..qJ.... Trooper, J(1lMef, u~,
"j' Ladlnl Ahcnlr_.
Airtn(t,lIIncll, hi Clus.
Ialt raUnc .ipalman. dri,.. r I rift,, \ AIl\'raftsJnnl, 2Dd a..
man CIt print... Pilot and Na\igator IIIIHr
trainlnt
-_.. .
Afety or interests of tbe State_
Comm-.ka- ... (I) In:lIlY proceedin~~ a~inst a penon for an offence under section 3, the
tionl witb fact that he has been in commllnicltion with, or attempted to communie:tte with,
..,b to be a foreign al!ent, whether within or \t'ithOtlt the Union of Bonna, shall be relcnnt
for the parpose or Pfo\-ina th:l.t he b:u. for a purpose prejudicial to the safety or
interests ('If the Slate. obmined or "Uempted to obtain inform1tion which is
, SlbltllllWG by lb. Union of BUI'IIl:I ("cbrb-lion of L1WSI Order, :941,
Btt,ma Ollicial Surds. 185
7, (I) NQ persoll in lhe vicinity of any prohibited place shall obstnlct, IlIle,",crint:
knowingly mislead or otherwi:.e interfere with or impede. any flO1ice-('"fficer, or 'With officers
any member of the Burma force~ enlPl!ed on purl, sentry, palrol, or other similar 01 the ~
dUly in rehtion to the prohibited place, :- ii:'Burma
It) If an)' person :lcts in contr;tvention of Ihe prO\'uiollS of this section, he f~c.,
shall be puni';hable wilh imprisonment which m:\y extend 10 two years. Q("'with
6ne. or with both,
8. (I) It shall be the dllty of every person 10 Rive on demand to a Duty uf
S'Jperintelldent of Police, or olher poliee-oilicer not below the rank of Inspector glling
empowered by an Inspector-General or Commis~iont.r of Police in this behalf, or inforu,ation
as locom
to i'ln~' member of the Bunna forces enRap:ed on J!.uard. sentry, patrol or 0:1Ier minion of
similar duty. any informalion ill hi!\ power relating to an offence or suspected offenccl.
cffenee IInder section 3,or under section 3 rrad wilh section 9. a.nd. j( !l0 required.
and upon tendel' of his reaoonahle expenses, to attend at such reasonable time and
place as may b~ specified for the purpose of fumishing such inform:ltion.
e2l If any person (:tils 10 .l!ive any such information (lr to attend 31 :Iforesaid,
h~ shall be punish:lble with imprisonment which may extend to two )'ears, or
With line. or with both.
AtlcmpU,
9. Anv j)erSOn who attempts to commit or "bets the commission of an offence illCilcmentJ.
tinder this Act shall be puni!(!Lablc wilh the ",me ~unishml!lIt. and he Il.lbte to be elc,
Procteded alVlinst in the same manner, :ts'if he htd committed such offence.
10, (J) If an)' p('BOn knowinl!ly harbours any pcrIOn whom he kno~\'S or has :~r::
reaSOnable groullds for supposinR: to he a person "'ho I!( ahout to commit or who spin.
ha~ Committed an offence nmter section 3 or nnder seclioll 3 re.,d With s(Ctio" 9,
Or knowinJtly pennits to 1II1,:e! or ;uscmhl~ in an)' premi~ in his occupation ~
under his control any such persons he shall be 2nilt)' o( an offence under th..
kction. " ,
188 Burma OJJkinl Staek
(Z) It .h:tll be the duty of every persOll, having harboured any such person as
aforesaid or permitted to meet or assemble in any premi~es in hh occup"'1tion or
under his control any such persons:l.s aioresaid, to ~ive on demand to a Superin-
tendent of Police, or olher police-officer not below the rank of Inspector em
powered by an InspectorGeneral or Commissioner of Police in this ~half, any
in{orm,tion in his power relatin~ to an)' stich pe~n or persons, and if any person
{ails 10 Rive any snch infOlmation, he shall I,)e Kuilty of an offence under this
section.
0) A. penon guilty of an offence under this ~ction shall be punishable with
imprisonment for a term which fD.W extend to one year, or \dth fine, or with both.
U. (J) No Court (other th;&n that of a t.1a~istrate of the first cl:1ss specially
empowered in this helWf by the President of the Unionl which is inferior to that
of a District Magi~tf:\l~ shall try any ~ence onder Ihis Act.
(Z) H ....ny person under tri"l before :l MaJl:ishate for an offence under this
Ad at any time belore a charee is frnmed claims to be tried by the Court of
Session, tbe. M~iistrate shall, if he does not rli~harlte the accused. commit the
case for tflal by thai Courl, not\\'ithstandina th"t it is not a case exc!usi"ely
triable by thai Courl.
(J). No Court shall hke cognizance of any offence ttnder this Act unless upon
complaint made by order of. or onder authoril}' from, the President of the Union,
or sollie oBicer empowered by the P.esident of the Union in this behalf:
B,"'''a OfJIdal StUtb. 189
Provided that a person ch~ed with such an offence rnay be arrested, or a
warrant for his arrest may be issued and ezecuttd, and an)' such I'trson may be
remanded in custody or on bail, notwithstanding tbat such complaint hots not bten
made, but no further or other proceedines shall be taken until suche<mplaint bu
been made.
(4) For the purposes of tbe trial of a person for an offence under this Ad,
the "ffence may be deemed to have Men committed eitber::lt the pb~ in which
the same actuallr ,,":IS committed or at an)' place in the linion 0( Burma in which
the oHender may be found.
'4. In addition ~nd without prejudice to :l.n)' powers which a Court may EJClusion of
possess to order the exclusion of the public from any proceedinRs. if. in the course Plilbl~m
of proceedings before a Court against any person for an oRence under this Act or proc ".
the proc:dinitS on appe:ll, or in the course of the trial of a person under this Act.
application is m:l.de by the prosecution, 011 the i:round tbat the publication of any
evidence to be l:!:lven or of an)' statement to be made in the cOline of the procee-
dinlt! would he prejudicial to the safety 01 the State, th:l.l all or any portioll of the
pnblic shall be excluded durinR any part of the hearin~, the Court may make an
order to that dEect, but the passing of sentence ahaU in lily cue take pbce in
public.
II. Where the person RUmy of an offence under this Act i. a company or O~ by
corporation, every director and officer of the comp;l,n)' or corporation with whOle compaules,
knowledge and constnt the offence was committed shalt be luilty of the like etc.
oIence.
CONTENTS.
l._l-'R&LUUNAltV.
SRIioou.
I. SaTin~.
2.3.
4. "Interpret~tionc1aulC.
II.-M"NUrACTOIll, CoNvUSION AND SALI.
VI.-PENALTID.
VI I.-MISCELLANEOus.
1.-l'1l.I1.I1UNAf.:Y,
(i) c1asp-knh'cs the blades of which are pointed and exceed three inches
in length;
(iil knhes, with pointed blades rigid!}' affixe.d, or capable of being rigidly
affixed, to the handle, and measurin~ in all over five inches in lenltth
which are not inlended exclusivdy for domestic, agricultural or
industria.l purposes: pro\'iclcd that it shall be presumed until the
conlrary is pro\'ed that knh'es of this description are not intended
exclusively for such purposes;
(iii) knives of such other kinds as the President of thl,: Union may, by
notificntion, prescribe j and
(iv) fire-arms, l;l;lyonets, s\\'ords, dalWers, spears, spearheads and bows
and arrows, also cannOll and parts of arms, and machinery for'
manufacturing arms;
II ammunition" inc1nd..s :llso all articles speciall}' designed for torpedo
I. No person Shlll manufacture, con\'ert or sell, or keep, offer or expose for Un!i'et!acd
Slle, any arms, ammunition or military slores, except under a licenCe and in the manufacture,
manner and to the extent pl"rmilted tllereb}'. convuaio.l
and ",Ie pro-
Nolhing herein contained shall preveut any person from selling any arms or hibited.
am.munition which he lawfully possesses for his own private use to an}' perSOn
who i, not hy any enactment for the time beinl.1 in force prohihited from pOSSes-
sin!:! the same; but et"ery person so sellinJ:t arm" or ammunition to any person
other than a person entitled to possess the same by reason of an exemption under
sectioll 2i of this Act shall, withClut unnecessary delal', J:!i\'e 10 the District
Mawstrale, {If to the oflio,;er in charil;e of the nearest policestation, notke of the
sale and o( the purchaser's name and address.
192 Arllls.
1lI.-IUPORTI EXPORT AND TRANsPOItT.
Unli.:tll.scd 6, No pel'son sh;lll brin~ or t;lkc hy sea or by Innu into or out of the UniOll
irnrort;atio.. of Run)L;l an)' :lrms, ;ullmunilion or militnr)' storl'S exceplllnder a liceace nnd in
2nd Clp,xt the IUJnn~r and to the exlent pcnnitlel\ by sucb Ikcnc(.
ation ('N-
Ilibitc:d,
llDpnl;ation Nothil\~ in the nl'it (bns.: {If this \k.,<:tioll ext~lIds to nnns (other than cannonl
and urort- or nnllllunitioll imJ'Ol'lcd 01' uported in rt';ISOn;lble quantitiu for h.is o\\'n priute
;atiOll of ;arms use hy all)' person lawfully eutilletlto fIO:l~ss such ;mlls (\I' allul1IlIIition ; but the
and ;al1\muni-
tton foe Collector 01 Customs or an)' other ollim' emJ1'O\I'ered h)' the Prtsident of the
prh"ate lISe.. Unioll in this t......lnU by tl.'lme or in \"irltlc of his olllee ma}' at all}' lime detain
such arms or ;Inlnltl1\itwn until he n~i\"es the orders of the President of the
UniNt lh\'r~on,
E.fN.u'QliMI,-Arm~, amnlllnition :and milit;lrY stores taken {rom one f'3rt of
the Union tli Burma to :lllother by sea, or across intC'rvl'lIill~ telTitol'y 1I0t J:.eing
part of the llllion of Burm;l, are taken oul of ami brou~ht into the l:nion (If
Burma within lhe me:llling of this section,
Sanc:ri.Mo 01 1. Notwithstandill~ an),thin!: containerl in Ihe ScJ, Customs Act l no arm!l,
""""".
m(llin.'dw
"Of\'hll\lsin.(
ammunition or militar)' ston:s sh;11I ~ Ilel'OsitcII ill olll)" war\lOust Ii<.._'f'used undl'r
st\:lion 16 of 111.1\ .\et without the 51l1etiou of the President of the Union,
of amll, etc,
"'""nto) .t. The Presitlenlof the Union mlY, fro:n time to time, lJ}' notil1cation in
flrohit>it the Gautte,-
tn,"l$f'Ol"t, II'I rcs:u\:lle or prohibit the tr,lnSl'Ori of ;\11)' description of annl, ammuni-
tion (lr milil:lry storl'S o\'cr the wholc of the llnian ~f Burma or an)'
pal't thereof. either :tlto~ethcr or except \luller 01 licl'uce ami 10 the
extent ami in the manner \'\Crmilted h}' sudl Ik~lIce, and
III
Exl'Q"'fi,I".-Arllhi, allimunition or miliU}' ston., Iramihiflred at a port in
the Union of Burma ;Ir\' tr,lIlsl'Ol1e,1 within the n\t';llIin~ of Ihis section.
Pow ro II, The l'rtsidclIt of the Union 111.\r. at all)' plal'cs aloll!: the l'll'nml;u)'-liue
Clt"l-li.h bet\\"eeu the Union C'f Durm.l ;lnd olhel' lC'rritor)"1 .1ml at ~uch di.tal1\:e within
lear,'hlllS:: such line :,t.s he deems e-XIX'dil'nt, est:ll'lish :>l';lrdlill~',,""5ts;lt whieh :lll rt~sds,
It~ionl,
~arts and ha~;\~'"',l\)ill\,lls, :md ;111 ll('xl's, hall"s ;llllllxl~'kal:.l'5 ill tr.lll)il, ma\' he
sto~fIt'tl ;lnll k':m:h~d fClr :lrms. alll11lunition :md milil:lr)' ~torcs hr .In)' ollierr
eml'O\\'~red h)' the Prl':.hkut of the 11nk'n in this behalf b)' n;lIne Of in \'irlue or
his oflice,
Arrcd 0' 12, \\'hen :ln~' pel'SOIl is found earrrinil or eonl'l'rillt,l ;'m)' arms, ;ll\ununition
~11I011' COil- or lllilit:lr~' )t{lfe~,
wlll'tller co\'ered by a !ieenel' or no!, in such m;lll11er or unllel'
\e~in~ nms.
etc. IIlllkr sudl l-irl'ul\lstan,'~s:ls ttl ;llI"tlr,1 just I!rOl.lmls of tll~ricion tlut the ~1I11e 3re bdn~
-f'i~ l-arrie,1 hr him \\;th inknt h,) Ilk thelll, CN' tll.lt the "S.\me lI;ay hI' uset'. for JUY
<irtllm uubwiul pllrrose. Joll}' l'erWlI m,l)' witho\\t w.lrf3111 Jprrehcnd him and l:lk.e 1Ot:!l
stMICCi, arm~. ammunition or milil:lr)' stores fr(lm him,
Proo:e.tIlf'C Anr I'l,'rS{ln so apprehl'nrlel1, ,11111 an)' :lrU1~, ,lllunllnition or military slorcs ~u
wtlm anut taken h)";\ person not hein~:I M'l..:islr,lle 0, polkc-cffi:l'r, shall he ddh-erel!{I,'el"
Dude I')" :\s soon as possihlc to a f'{'licc flief r,o (
f":riOl\ not
)(;a(iIlr;lle All ~IS ;lrt1rc-hcrKIed ~", (lr t1eli,-ercd to, ;I rolil'e-ofli.:cr, and 311 :\rO)S
or pi)lke-
06:et, :wd ,llnlllllnitioll sd.te,1 b)' or dc-1i\"croed to :1Il)' su:h l'ffi~er under this section,
shall be taken wi:hout unncce$S3l"y delJ.y before a !la&:istratc,
193
16. (I) An,. pet'SOI1 poslIe!lsiftJ( :arma, amlllltllitioll or military stores the In certain
posaeuion wbC'l'tOf hall, in con~luence of the "anec:llntion or Clpfty of a Ucence CaMI amll
or of all ex.emption or by the illtle of a llotilk'alion under lIei:Uon IS or othen'iSf', to be d~.
become 11II13.\\'ful, .hall without UIlI'Cl.'eslIll.l') delny deposit thli: ume either "'ilh ~~h'ld al
the officer ill charge of th~ n~\re:;t poJ~-!ltatiOIl or. at his option and sabject to . . . . OC'
such conditions lUi the President 0( the Union ma, b\' ntJe Pl'e.cribe. with a wtIh 1l.'ftIKd
Iitenced dealer. . dr-den.
(Z) Wh'l1 anns. ammttnition or military _tort" h:l\'(' hetn de~itflt IIn~r
~llb-seclion (J). I. the drpmllf'lr .hall, at 3n, time heforc the
expi'7 of such period as the Presidcnt of the Union mal' b)' rule pre8ttihe,
be entilled- .
Cal
to recciTe back any thine KG depo!lited Ihe possetsion of which by him
has become lawful. and
(b) to diliPDIC. or authorize the dispol'lal. of all)' thing 110 depositftl by sate
or othetwillC to an~' pson whose ponession of lite same would be
lawful; and to reo.:d\"e the procec(!5 of :In,. sucb sale :
Prorided that nothin~ in thill sttb-Kctioll shall he dmed to authorize Ihe
retum or disroaal of an\' thine the !;('nliscalion of which has been dil'fct~d un~r
settion Z'l. .
0) AII things clepo~itell as afMe~id alld nol retunled or dil'poMd of Ul~d('r
Sllb-sectinn (z) within the prnI.-riht.d period lhereill rtferted to sh:lll he forfclted
to the st.,te.
(f) (,I) Thl.' Presidcnt (If thc Union mlr make nIles cClnsi,tent with this Act
lor carlYiuJ{ into elect the pro\'j!>ionll of Ihis !lCClion,
13
194 ArlllS,
(6' 111 particular, and witbo\lt prejudice to the generillity of Ihe forrgoiog
provision, the President of the Union ma)' br Mlle pr~scrj"e-
(i) the conditions subject to which anns. ammunition and rililil:lry slores
may be deposited with a liU:llsed dealer, and
(iiI Ihe period after the expiry of whil;h thillJ!:s depo!lited a.s aol'1:l><lid shall
be forfeited nncler sub.stclion (3).
V,- LICENCES,
Powef b 17, The President of the Union may, from time to time, by notification in
make ful the Gazette, make rules 10 determine the LfficCI':i by whom, the form in which,
1IIolicc~. and Ihe terms and conditions on nod subject to which, any licence shall be
g1'anted ; and may b)' snch rules among other matters-
(,,) fix the period for which such licence shall continue in force ;
(6) fix ~ fee payable hr st.1mp or otherwise in resl=cct of any snch licence
other than a licence ror possesaion ;
(t) direct that the holder of any R;lch licence other than a licence for
possession shan keep a record or account, in such form as Ihe
President of Ihe Union mar Jftscrihc:, of an),thinK done under stICh
Hcence, and exhibit su('h record or ..ccount v:hen C:l1lf'(1 upon by an
officer of Government to do so ;
(d) empower any officer of Go'f'cmment 10 enter :ll1d inspect :lny premises
in which anns, ammunition ('If milit:\r)' slor~ ~rt manufactured or
kept by an)' person holding a licenre of the dUCfiption referred to
in section S or IC'Clion 6 ;
(t) direct that anr:>Dell puson shall exhibit the entirt ~tock of am",
ammunition :lnd militarr !;to~s in his po$ses~ion cr under his
lntrol to any offict'r of Government so empowued ; and
(f) require the penon holdin. an)' lkence or acting under :mr licence to
produce the same, and 10 produce or account for the anns,
nmnlUnition or mililal')' ~tCtre~ co\'tred by the s..u nr when called
upon b)' :In officer of Go'f'trnment so to do.
Po",," to IA.. The President olthe Union rna" b, notification, pUke rnln-
mucn.kl (.) provicling for appeal frolll or re\'ision 01-
uto appeal
or rhirioll, (i) orom refuting to iuue or renew arms liCClll:es, and
Iii) orden c.1ncellinJt: or susptrldinJt: licences under d."ust (n) of sec
tion 18 ; and
(6) prtscribiaa the procedure and the periO'is of limitation for SDeb appeals
and m;sions,
Atwu. 19S
VI.-I'ENALT'IS.
'9. Whoever commits any of the following offences Cnamely) :_ !:or brtlCh
. '" Itctions
(a) mnnu{actures, connrb, or sell., or keeps, elfc:n or exposes for $;lIe. S,6, 10, 13
any arlll., ammunition or military storel ill contruention of the pro- to 11.
visions of section S ;
(bl fails to ~ive notice as rcquirtd by the same section;
te) imports or exports anr armlt ammunition or military stores in contraven-
tion 0{ the provisions of section 6 ;
(d) tr:lnsports :U\}' Anns, ammunition or military stortS in contraYention of
a rC/otulation or prohibition iuU(d under section 10 ;
ee, loes annrd in CQntr:1ycnlion of the provision. of section 13 ;
If} h:LS in bis poSiession or under his control any ann.s. arnmtmition or
military stores in cantn.vtnlion of the proyilionl of seWOG 14 or
section )S i
ll) inlentionally makes allY false clltry in a record or account which, b)'
rule made under seclion 1'1, clause (,), he is required to keep,
(I,) inlentionally fails to exhi~it anythinlt which, by a rule made under
section 1'1, clause Ie), he is reqllired to exhibit i or
ti) fails to deposit arms, ammunition or mililar\' .tores. as required by
section 14 or section 16 ;
shall be punished with imprisonment for a term which may extend to three yelrs,
=
or with fine. or wilh both.
20. Whoever does an)' act mentioned in clause C.). (c), (d) or ({lot section 19, , .. SitOfd
in Stich rrumner as to inditate an intention thai sllch act may not be known to an, sd.
public. serTdnt as defined in the Penal Code. (or to any person employed upoo a ~o 141Ad'1~
rail",..ay or to the serv;,tnt of any pobli.,; carrier, '
and whoever, on any search being made under section 25, conceals orattaDpb fW CClOtai-
to tor"...:eal any ann~, ammunition or militar)- stores. lfI&atlIt5,
shall be punished with imprisonment for a term which may edend to lfYetl fI1;.
)'tm. or with 6ne. or with both.
21, Wb~,er. in violation ofa condition subject to which a licence has been For brtaclt
I!ranted. does or omits to do any act shall, when the doing or omittinc to do luch of littRcc.
act is not punishable under section 19 or section 20, be punished with imprison.
mtnt for a term which may cKtend to lix months, or with fine which may estend
to five hundred nlpeel. or with both,
22_ Whoev(r kllowingly pUf..:hasc.j any anns, ammunition or military stores Forbow'-
lrom any peno:l not licensed or authorized IInder the proviso to sed.ion 5 to sell in.'" pu-
the So'l_ ; or c.buiDl '
r__
ana" de.,
6cealld
...-
delivcu any arlftS, am-nunition or military stores into the ponessiOR ol any for deli,.
per.iOn without pr(viously ascedainina that such penon is ItRaUr authorUed to ., . . .
POSSess the same, dc...:;"P'
shall be punished with imp:s.)lIment for a term which lUy extend to six ::tbolhlcl
Il'lOnths. or with n'le which maY extend to fi,~ handred rupee.. or \!Iitb both.
.....
t. J'O"C*'
2&. Any per30n violating any rule m:l.de under this Act, and for the yiolation really'Of
In"
01 which no penalty i! provided by this Act. shall be punished wilh imprisonment
I'r a tl:~,a .vhi;:, td~.ld l) one .nonth, or with fine which milY extend to rule.
bre.".
t\\'o htmdred rupees, or with both.
196
2., When any person is conl'icted of an offence punishable under this Act,
power 10 committed by him in respeet of an)' anns, amml111ition or milil:n)' ,torn, it ,kall be
contiJQlt,
in the discretion of the cOllvidill/o! Court or Ma~i~tr,lh: forth~ 10 direct that Ihe
whole or an, portion of such anns, ammunition or militar}' stores, and an)' vessel,
Clrt or ba~;IJteanima.l usrtl to COllVCy the snme, and any box, packalc Of bale in
which the So,me may !l;lve been conCt'aled, l~etlicrwith tlie other contents of SDCh
box. pal,7kage or bale, shall be con6sc;\tcd.
VII.-WIICILLAlftOas.
,.. WhenevCf anr 11:l.Jl:istrate hl." reuonlo believe that any person midlnJ:
Search :IIId within tbe 1Oc:t.llimits of his jnrisdiction has in his posIC:ssion a" arms, ammuni
Iei.un by
"a~iltralt, tion or militarJ stores for anr unlawful purposc,
or Ihat stich person cannol be left in the pomssiOli of any such arms, am-
munition or milit..v y slOrcs without danger to the public peace,
luch MaJ:istrate, havinQ first recorded the J:roundlof his belief, may cause a
search to llf made of Ihe houte or preilliscs occupied by such person orin which
~nch lbgi,lrnte has fC:lSOll to hclie\'e such Mms, ammunition or milit.1ry slores arc
or is to be (ound, anrl n13Y seize and detain the So'\tnC, althoulth co'\"ered ,",y a
licem:~, in s;,le custod)' for slIch time ~$ he thinks l\eccss.,'1'.
The search in RICh case .hnn be conducted by, or in the prescnce of, a
M3j.tistralt, or by, in the presence nf, lOme office'r $ptciall)' empowered in.
tbis behalf by name Of in 'firtue of his office by the President of the Union.
26. The President of the Union may al any time order or cause to be
SdJnrc and seized any anns, ammunition or militarr slores ill the posseflSion of any person,
dclcntiIJn by
notwilhst:r.ndinit that such penon is licensed 10 posecss the ..1mf, and mny
Prnldtlll,
detain the tame for luch lime as he thinks llecesUI1' f(lr the public safely.
27. The President of the Union may, from lime to time, by notification
Pllwcrlo publilhed in the G:'Izette,-
cumpt.
(111 exempt any person b)' nnme or in virtue of his office, or any class
of penons, or exclude au)' dClCriplion of anl\S or ammunition, or
withdraw any part of the Uninn oE Burma, from the operation of
:Ul)' prohibition or dirttlion contained in this Act; 3nd
(6) cancel an)' su~h noti6ution. and aaain subject tbe personl or things
or the part of the Union of Bur~ c:omr-rised therein to the
operation o( such prohibition or direction.
InlotllWioIo 2'. ,E.,rry pcrson aware of th~ commistion of any offence punishable
lobe !lin.. under thiS Act shall, in the absence of rt:lsonahle excuse, the burden of
rq:udiDJ prorin)f wh~l,7h sball lie upon such person, al'fe inform:ttion of the ..,mc to the
offC'Kcs,
nearesl pohceofficer or ).faRislrale, and
eweT')' person employed upon any railway or by any puhlic carrier shall, in
the :lb$C~ce ~f ~aSOlJable excuse, lhe burden of provin/o! whicll shall lie upon snch
person, ~l've Inf?f1nation to the nearest police-officer rca.,rding a1\)' box, packa)fe
or l~e, In tranSit \I.-hich he may have re:lSOn to suspect contains amlS, ammunition
or.1\llllbr)' .stnres in respect of wbich an offence :a.;I,inst this Act has been or is
bema committed,
J.,.... 191
29. No pc"OCtcdings shall be instituted against any perSOn in respect of an Sandion
offence punishable under section JIJ, clause (fl, without the preyio~ s.anction of rcquirtd to
the District Maptrate. ccrbUl pm-
Cf.Cl1lnp
under
sccllon 19,
dauteln.
30. Where a selrch is to be made under the Code of Criminal Procedure, in Searches In
the course of any proceedinlfs instituted in respect of an offence punishable under ~ cue of
section 19, clatlse I f), such search shall, nolwith...tandiml. "n)"thing cont~ined in api"::...
the said Code, be made in the presence of some officer speci:.lly appointed by the tioD 19.
President of lhe Union in this bellaU, and not otherwise. cbuse III.
howl'"
31 dlOCted
32. The President of the Ullion nuy from timr to lime, by noti6cation in Power"to
the Galette, direet a census to be taken of all llrearms in any 10Q11 area, U1d takc:<cnlUf
empower any person to take such census. of fire_unw.
On the issue of an)' sl1ch notilication, aU persons possessing any such ann.
in stich area shall furnish to the ~l"$On so tmpowered slich information as he may
require in reference thtreto, and lIhall proouce such alms 10 him if he so requires.
Any person rtfuSini or neglectinft to produce any .uch arm. when 50
required shall be punished with impriSOflmtnt for a term which may utend to
one month, or w-ilh line which may extend to lwo bundred rupees, or with both.
33. No proceecUn, other than a suit shall be commenced ago'dnlt any Notice and
penon for an),thing done in pursuance of thi. Act, without havinR aiven him al LlmIblioa of
ltast one month's previous nolice in \\'ritin~ of the intended proceeding nnd or ptoUediap.
the cause thereof, nor after the expiration of three months (rom the a..xro.,1 of
such caose.
S. A,y person who makes or knowi1lJtly bas in his ~ion or under hili
control ;m, exp&m.ive substance. under such circamslantts as to Jtive rise to a
rcasooablc: $USpiaon that be is not m,lkinlt it or does not han it in hi$ po$SICSIioD
or under his control lor a lawlul object. shall, unless he can show tbat he made it
or had it jp his Pt.Iscuion or undtr his COntrol for a L'\wrul object, he punishable
'lith transportation for a term wbicb m:lr extend to (ourteen yrars. to whicb inc
mar be added, or wilh imprisonment for a term which m.1Y extend to 6ve
)eanl, to wilith fine may be added,
6. Any pel"lOn who b)' the suPPly of or solicitation (or money, the provtdint
of premises, the slIpplr of materials, or in any manner whatsoever, procures,
counsels, ai .Is, ahels, or is acces!lOry to, the commis~ion of an~' offence uncler this
Act shall be punished w;th the punishment pro\'ided for the o8'ence.
lbtrktiull 1. No CllUrI. shall pto:l~eed to the tri..i.l of any ptf$Otl (or an offence ae:aitl$l
"'_.
tlll trial 01 tbis Act except with the con~nt of tile Presicknt of the Unton,
~I.>t~ j' 'l'u<; .,!. -i \1~'" ,,-...,' 11lI SEIlITlOliS MEETINGS Acr.
1 '''IF.. 6 '4 .. ~- ..,.:. [INDIA ACT X,19J1.] (22nd Wan:b, 1911J
E1bt. I. This Ad mends to the whole of the Union o( Burma, but thall haTe
operation only in Slh:h parts tb~ i$ thc l...."Jident of the Union may notify ill
the CucHe.
""w~r 01 2. II) nle President of the Union m:1Y b)' n ltilk:l.lion decl,1re the whole or
P....~ill,..lIt to ;In~' ",Irt of the Union of BUrlna in which thi, Act is in oper"tion to be a
no!if~' r~ rroclaimcd area.
::u (11 A notification made under sub-stttiOll (l) shall not rtmain in force for
mClC't thallllilt monlhs. hlltllotbing in this sub-sectior. shaD be deemed to prevent
the Prnide:nt of the Ullion from making any further notilicatioas in respect ~ the
same area from time to time as he rna)' think fiL
~ J, (J) (n this Aclt the eXJ'lf'd,'ion .. public meeting II means a Dk..'Ctifij( .tucb
is open to the public or an)' class or rortion ~ the rublic"
(ZJ A meetinc may he a public mtillg notwiUtsltndin t1l:tt it is Mid in .a
pr;.,"ah. rJacc and notwithstanding Utat admilSion thereto rna)' u'"e been rtsltided
by lio.:ket or othcn\"ist.
"I
bitt I"*d" associatiOD.
01 p1acn
nted 50r the E.qUtfUJ/w..-For the ~urposes o( this section II place " includes a house or
==~ buildin~, or part thereof, or a tent or \csscl.
utoei;alion, (ZI The District Madstr:lte, or any officer authorired in this behalf in ,\ritin"
by the Distrid Ma,tistrate, may therenpon take possession 01 the notified place
and nict tberefrom an)' person found therein, and shall forthwith make a report
of the takin)!. poaeuion to the President 0( the Union :
Provided that where such place contains an)' :lp<l.rtment occupied hy women
or children, re:,son~bl~ time ;lnd facilitics shall be alorded for their wilhdrawal
with the least l'OI~ible inconvenience.
(J) A notilied place whereof possession is taken under subsection (Z) shall be
deemecl to remain in the possession of Government so long as the notification
ulldenubsection (Ij in rtl'pect thereof remains in fnrr.e.
NO"abk: 17D. III The Districl Magistrolte, or officer takin~ possession of a notified
rtopr:rly p1il, shall also take pos:;elllion of all 1II01'abie properly lound Iherein and shall
fO>.lIld Ina
notilitd nuke ;I list thereof ill the presenCe of t..o res~ctable witnesses.
pbee. (1) If, in the opinion of Ule District Maa:istr.lte, :lny arli(:les specified in the
list are Or moly be: osed for the purposes of the unlawful association. he may
proceed subje(:t to the provisions hereafter contained in this se<:tion to order suo:b
:lrucles to be forleited lO the St:lle.
OJ All olher articlu IIptcified in the list shall be deli\'tred to the ~
\l,'!ll'tl\ he c,,"siders to be entitled to fIOSSCSSion thmof, or, if no such ve~n IS
'ound. shall be disposed (If in sm.h manner as the District .t:l.~istnte m:l.Y (hreet
~4) "~e OistJ:id '[~istrlle sh.ll! publish. as nearly OIl may b~ in th~ l1l~nn:f
provided In. sedion 87 of the Code of Criminal Procedure for the pUhlu:al!Ofl d
a pr:oel:um.tIOll, a notice speclfyin}t the arttcln which it is propoled 10 for.fesl au
C2lltn~ "~n :l.n)' person cl:l.imi~ that an)' ;u,tide is nol liable 10 forletture to
lI:alnst the forfeiture of the :l.rti\ I,'.
I Sllbltitultd by Act
I Dr:lded ...,:
LXI, 19504.
-_ _-----
SUh!",lt In wriling within fifteen dars any representation he desires to make
..
203
(S) Where .L'lY luch repr~ent.,tion is accepted by the District Magistrate, he
shall deal with the article concerned in accordance with the providons of sub
lltction (J).
(6) Where any such tepresentation i. rejected, the representation, with the
decision thereolJ, :ibllil be forwarded Lo the Distnd Jl1d~e, ill the case 01 a
decision by a District Ma~istratt. an(I no order of forfeiture shall be made until
the Di:slriet Judge has adjudicated upon the representntion. Wbeu: the decision
i.~ nol confirnlcd tht= artlcle~ shall be dealt with in accordance with the provisions
of sub-sedion (J).
/7) III making an adjudi~\tion under subsection (6) the procedure to be
followed shall be the procedure laid down in the Code of Civil Procedure ior the
in\'cltigation of claims, so fat a: it can t-e made to apply, and the decision of the
Distrid Judge shall be final.
(8. Ii the article seized is livesto.:k or is of a perishable nature l the District
Magistrate rna)', if he think~ it exp~dient, order tht: immediate $Olle thereof, and
the proceeds of the li_lle shall be disposed of in the manner herein providt:d for
tht: dispo$3.! of other arli~les.
11C, Any pt:rson who enters or remains upon a notified place without the Trupaaa
J:ermission of the District Magi,;lrate, 01' of all officer authorized by him in IIp..n notllicd
this behalf, sball be deemed to commit criminal trespass. placet,
.,0. Before a notiJi.eation under Fubsection (I) of sel.-tion J1A is The: ulin-
cancelled, the President of the Union .hall uive such gt:nt:ral or llpecial qul.hUlent
directions as he may deem requisite regulatinu the relinquishment by uf properly.
Gcvernment of possession of notined place..
7. (I) Where the President of the Union is 'S1tisfied l after sucb inquiry Power to
as he may think fit, that an)' monies, sect1rities or credits are being used or (orfdt
are intended to be used for the purposes of all unlawful associatiolJ, the fUlld.of an
unl,l""lul
President of the Union mar, by order ill writiug, declare such monies, illSOClllioll,
securities or credits tu bt: forfeited to tht: State,
(2) A copy of an order nnder sub-section (1) m,ly be served on the
p~rson havin!t custody of tht: monies, securities or credits, and on the service
of sach cop~' such pers:>n shall pay or d~liver the m)nie$, securities or credits
to the order o( the President of the Union:
Provided thllt, in lhe case of monies or securities, lI. copy of the order
may be endorsed for CXl:cution to sl1ch officer as the President of the Unioll
m:l.Y setect, .md sudl ofticer shall have power to lo:ulcr UpOIl and search for
such monies and st:curHies in any premises where they may reasonably be
suspected to be. and to sei7.e the same.
(3) Before an order of forfeiture is made under sub-section (J) the
President cf the Union sball give written notice to the person (if any) in
whose custody the monies, secllrilie~ or credits are found of his intention
to forfeit, and any persOIl ;'\~rievc I thereb\' may within lifteen days from
th,e .is'lle at such notice tHe "n applicalion to tbe District Judole in a
Dlstnct to establish that the monies, securitiea or creditll or any of them
are ~ot Iiilble to forfeiture, and if any such 'application is made, no order of
forfeiture shall be p:1ssed in re<;pect of the monies. securities or credits
COncerned until such application has been disposed of, and unless the District
ludue lI:'!s decided th;'\t tht: tRonies, seclIritiesor credits are liahle to forfeittlre.
(4) In o1i!lposing of :tn application under suh.section (3) the procedure to
he ~ollowed shall hI! the procedure laid down in the Code o( Civil Procedure for
the mvesli~ation of claims. so far as it can be made to apply and the decision
of the District Judie shall be final. I
204
(S) Where- the Presi(lent of the Union bas reason to btlil."Vc that any
person hlS cu!!lody of any manin, ~curities or credits which are b:ei~g used
or ;\re intended 10 he used for the purposes of an nnlawful aSSOCiation, the
President of the Union may, by or<ltt in writin/<!:. prohibit such pefl'iOn from
p.,yin~. delivcrin~. transierrinl: or otherwise dealinJ( in 0\11)' m:'lnner whalltOevtr
with the Mune. s:we in ;1ccordancc with the wrilten orders of the President
of the Union. A. COP}' of fiuch oroer $ball be served upon the person to whom
it i, directed.
(6) The Pre~ident o[ the Union may endorse a COP)' of an order under
sub-sl:ction 13J (or in\'esti~alion to any officer he may select, ancl snch copy
shall he warl':lnt whereunder such officer may enter upon any premises of
tile persOll to whom the order is directed, examine the books of Sllt;h person.
search lor monit's and securities. an(1 make in\1Dirit:S from soch person, or
;lilY otl1cer. agl:tlt or servant of such personl toue.hinn the oriJ,(in of and
dl';llillJ!:s in a!'y monies, securities or cre{lils which the investigating officer
may suspe"..t ,ue hcilll: UK'd or ;lrc intended to be used for the pUrposes of
;'In IInl:mful :\."SOCiation.
JUli"Ij,,:iion t 7P. E\'u\' report of the 1.1ltinJ: posseMion of property and everr decL,utiotl
barred. of forfeiture 1113de, or P1Irportin~ 10 he nude und~r this Act sh311, '\S aJ!::linst all
per!\Ons, be . . onclusi\e proof that the (lropertr specified th~rein has heen !:Iun
p~e~sion of b\" Go\"~rl1ment or ha. been for(t:il~d. at. the case may be. and sau
all prOVided ill sections 17B aile! liE 110 proceedil1~ purporllll~ 10 he takell under
sectiOllliA 1 17B, 17C, liD, or 17E, shall he called in qlle"tion hy ~1l)' C"url, and
no ch-il or .:rinlin,1 procecrlin~ !halt be instituted against an)' person for anrthinA
lOS
in good faith done or intended to be done under Ih~ aaid te<:tiOll$ or against
Go\'trnmtmt or person acliolo( on hehalf of or by 3\lthorily of Government for ;11I)'
10 or damlae c;lused to or in respc(t or any properl)' whereof possession IIU
been taken hy Government under lhill Act.
.8. An ,s:sociation sllallllot be deemtd 10 han ceased to uilt by reason ConIlnllance
ooly of an, formal act of dissolution or chanJtc of title, bat .hall he deemed to 01 a~b,.
continue so toot( a. any lctual com,bin.1tion for Ihe Purposes 01 such aseoclation ...
continues between any mcmbm thereof.
.. The Preeident of the UDion ma,. by i\Oli6tatiOD, direc:t that ltCtion 7 shall AppllcatlcL
come Iota forte in aI'Iy area on such date II .-r be specified In the notification.
2-4.
7.;1) ...._ -
doill~ or to do an)' act
tal wilh inttllt to C\DSC auy ptl'lOn to ahs\ain from MoIeJu.
whkh lach penon hu a rijtht 10 do or to absb.in from doi,.. ~nf" :
olor
::-m~ b:t.j~c~:n ~n :=~.::t=or~~ :;~=
place .bat .cb petSOD or member cr emplored pmoD. mides or
weds or c.ania on businett or happens to btl Of pmislenUy fol1owl
him. frem place to platt. or interferes with any properly Onect or
uted by him or depri... be of or biDders him in tbe . . thereof I 01'
(~ loilen or does any similar act It Of Dtu' tl\e place where a perIOD
carritt on businelSt in such a "':I.)' and with illtcnt that In)' penon
Ny thereby he deterred from enterina or 1ppf00chinl or dealinl( at
_hplact, \
Ib:atI be PbOiIbed with Imprisonment for a term which ma,utand to dx months,
or with ine which may exteDd to 6ve hundred rupees, or with both,
t r..,.~,-Encouraaelllent 01 indigenous industries or achtcaey of
,alper:ance, Without the COft\adll1on of any of the act, prohibed by this stdiOD,
II DOt aa oIentt under thilllCtion. .
,til No Court ,hall tab: COCftiu~e of all oItnc:e panbhable oader this
... . . .
~lcept.UPOII:l. rtPCri in writing of bel, wlUth ooDltilite IlIcb oImce
U7 II. pohoe-ol6tu DOt below the rank of of6cer in cb~ of ~ poIice.. talioo.
(im order under section 118 read with section 110 of the Code of
Criminal Procedure, or under any other law which authorizes ;I:
}1:lRislr:lte to dC:l.l "'itiJ a penon:lS if the information reived
a~:linst him were of the d~ription mentioned in section 110 of
tile So,id COlic.
For the purposu of sub.c1ause (m a p:-t\-ious conviction for abetment,
criminal conspiracy or alternpt to commit any offence mentioned in the Schedules
.h:l.11 ~ deemed to be a previous ron,ietion of the offence in respect of wbkh such
:lbetment, crilOiD;l1 cono;pir3C}' or atte:npt was commintd.
bpubion 3. Any non-Burman a~ deliued in c1~u.se fA) ofthe pcecedinJ ~tion who
01 oIendtr. is an offl:flCler as defillM in clause (8) of the said section shall be Iiahle to be
expelled from the Union of Burma under the provision' of this Act,
OII"endrr to ". fl) When ,n offend~r beconle~ lithle to he expelled from the Union of
be c:lllrd Bunna nnder the preceding section, the District M19islrate of the district in
upollio sllr" which the Court pusine a sentence or an order alt:linst sneh an offender is situate
Cl~:
1112.)" C:l1I UpJD him to ~hew C,lUst wh)" hI! should not be expelled.
~PJlf:\t to
Hia:h c..rt.
~rict (n If the 53id offender desires to pnxlllce evidence to shew that he is not
JlJ(istralr li3hle to be expelled nnder the ..,id section or that for :lny other rt:lSOn he should
loaau rro
.,..
~~.
not be 50 expelled, Ihe District Ma\!istrate shall record such evidence and the
evidence of anr other \\'itnesse~ whom he m:l)' dm it desirable to examine in the
manner prescnbed in Chapter XXV or the Code of Criminal Pro.:edure f(lr the
I Sobstilutrd br the l'nic. of B"nD:I {Ad~rt1ldl of L'IwIJ Ordn, 1941,
207
taking and recordinK of evidence ill the trial of warrant cases, or may dired any
M.:lgistrate of the first cia&:> to record such evidenc~.
(j) If after the offendcr has been called upon to shew cause and alter
evidence, if ;my, has been rel:\lrded, the District Magistrate is of opinion that the
said offender is liable to be expelled (rom the Union of Burma under the
prO\"is.iOIlS of section 3, and thal it is desirable that he should be so expelled, he
shill make a recomm~ndation in \\Titin~ for the offender's expulsion, statiTig his
reasons therefor, and give the offender a copy of such I~commendation.
(4) The offcnder may, within fifteen da}'s or the receipt of the copy of the
order, require the District Ma~iltrate to refer for the determination of the High
Court the question whether the offender is or is not a nonBurman or is or is not
ID offender within the meanin~ of the Act. and on receipt of soch requisition the
District Ma~istrate shall forward the proceediulls together with the requisition to
the High Conrl, which shall deal with the reference al far as possible in the
manner provided by the Code of Criminal Procedure for the disposal of an
appeal.
(Sl If no luch requisition is made or if the High Court upholds the District
Magistrate's recommendation, the District Mastistrate may forward the case to
the President of the Union.
5. (z) No offender shall he called upon to shew call8C aJ:(ainst expubion Time wllhln
after the espiry of three months from the date of the senlence or order in virtue of which
of(e.ld., to
which he is liable to be expelled. be ~lIed
(Z) No recommendation for the expulsion of an offender shall he forwarded upoA to
to the President o( the Union aller the t.'Cpiry of one month from thl,l date of the fhewc:n'M
and 1TlXlIII-
receipt by the District Magistrate of the H4th Court's order cn the reference made JD\1Ddation
under subsection (4) of section 4, or, w!l<.....e no such reference has been made, to be made
after the expiry of one month from Ihe date all which a copy of the recommend- to the
ation was given to the offender under sub-section 0) of section 4. President.
Prt<lII.olt.
PART I.
l'ilELUWfAIlY.
SAlions
I. IlIlerprelalioncb.u~e.
'2.
PART If.
PART III.
DEUVIRY or Boo..-s.
PART IV.
PZNALTJIS.
SecbortJ.
12. Penally for pri"till~ contrary to rule in atelion 3.
13. "'enally for keepin~ press without making declaration required by section 4.
14. Punishment COf mtking false sbtement.
IS. Penalty for printing or publishing periodical. without conforminf to Nles.
16. PClIllty for not deliveriol! boob or not supplying printer 'lith maps.
1M. Penalty for failure to supply eopies of newspapers Irati. to Government.
17. Recovery of forfeitures and disposal thereof and of 6nes.
PART V.
REGISTRATION OF Boou.
18. RCJ,:istration of memoranda 01: books.
19. Publication of memoranda registered.
PART VI.
PART I.
Pilf:UKUfUY.
PARr 11.
3. Ewry boo~ or paver printed' .within the Union of Burma mil ~ Partim,"
:1.
. ted kJ,tihly on It the n;lme of the pnnler and the pbee of printing and (if the 10 be pn_1ed
or p:lper' be published) the lWne of tbe ~blishet and
. t'tOll
publll:a
the
place of .. bol:*a. .
-...
. No ~-non ,1hIJ1. within the Onion of Burma, keep in hi' po&~ui()n any Keeper of
press (or the pintlo" o~ books or pnpen, \\'h~ .hal1l1o~ h,we m~de and aabscribcd priaUac-
the loUowinj( ckchnhon before the Distnct Masustratt Wlthin wboee local IlMs to
j..mdidion _b JlrClS may be :
.' I.A. B., dec:Lue that I blVe a press for printinc at ..
=. _b-
And tbis Jut bbok ahall be ~l1ed up \yUh a true and preciJc desaiption of the
ihce where IIDch ptelll m.'~' be slta1te.
S No IlC\nr-ptI' sh:lll be published in the UniOn of Burma, eacept in It*-. to
COlIf~lY with the rules bereiaaftcr hid down:- F iii liott
(I) Evt1'Y co~ of C9ay ~ newspapcr thaD contain the IWDe of tbe'~=~
peNOl\ who is the editor thereof pnnted dearl~' on lilll;h copy .. the: r.ame oi Ute l-..blllillf
editor of tllat newsi=aper : . public lie"',
(2) The priutt:t and the publisher of C\"CT'J lOCh IlCWlpap.-r ahaD appear in
person or by :agcnt :l.utborised in this behalf in :.coordance \I:itb ru'u made under
IeCtiOD 20. helol'1: the [);strict lb.istr"te within wlQe local juri5di.ction 10th
ne"'sj):lper shall be printed or publilhed. Of ~llch lIintc:1' or publisher resides, and
shan m.1ke and subscribe, in duplicate. the foUowin.: dedaralion :- .
U I. d. 8., declare that I am the ~l'illter [0, publisher, 0' printer and
publisher] of the ncwspa~ cntiUcd and printed lor PUb-
lubed, or printed and published. Itj ,,,, tlIlI _ , be] at--."
And the last blank in this fonn of declaration shall be 611cd up
with a true and pu.'.Clse account of the prcmiSl.:s where tbe printin!: or publication
is c:ondu"ted:
(3) As oftell as the place of prilltin~ or publication is changed, a new
declaration shall be neCCSS3ry :
(4) As often :\S the muter or tbtl publisher who shall ba,'c made soch
declaration as is afores.,id shall lean the Union of Burml. :1 new declaration from
:t printer or pablisher rcsident within the said territories shalt be necessary :
Provided that no persall who has not attained majority in :aCCOf j:tnee with
the pruvisions of the )'hioritr Act, or of the hw to which he is subjc<:t ill rnpCCt
at the atb.inment of m:.iority, shall be permitted to make the dedJration
Pl'"'-=ribt:<\ hy U~is sKtion, no~ shall allY such pt:rSUIl edit J. newspaper.
. 6. E~h o the two originals of every dl~I;1fation. ~o made ;l,od suheaibed 1$ AIIlbmti-
ISa~oresa\d. sha.lt be authcntk'ated by Ih..: si.l!nalure and offici:!1 seal of the utiOil ~
MagIStrate before whom the said declaration shaU have been made. ~ar
212
One of the said ~mal$ shall be deposited amon~ tbe m:onk of tbe o8ict of
the M:WstroltC. and the other shall he deposited amona lhe rccords of the H."
Court, or other principal civil Court of oriCinal jurilaiction for the place wbert the
Did decbl'2Uoa. shall ~l,e been made.
The .:lOicer in cbarlC' of each oririaaJ shall allow any pa10ft to inspect that
oril:lnal on payment of a fee of onc rupee. and ,haJJ gi,'c to any penon ap)Jfyinl a
COP? of the said declantion. attested. b, the seal.of the Court which hal the
eustody of the on,;naJ, OD payment of a fee of two ru~.
7. In ll1)'lepl prooetdiuJl: whale\,"" as well ci'ril as crilllinaJ, tbe production
~ of a copy of such dtcJa"'tion as is aforesaid. alttsled b)' U4e ltal of lOme Court
,.,..-
lion to be
adde_.
en1powered by this Act to haTt the custody of.uch declaration., 01', in lhe caaeof
the editor, a copy 01 the ncws{Qper containing bi, oameprinted OD it. tbatof
the editor. dWl be held (aDieu the contnry be ~I to be su&iciett nidtac:e.
as aj(ainst the person WOOK name sball be subscribed to SbCh declantioo. or
printed on such newspaper, AI the cast Ina)' be, that the said penon was pt'inter
or puhlisher. or printer and publisber (according IS tbe words oItbe said declara-
tion may be) of e\'e!'}" portion of tl'err newsparer whereof the title shall c0rres-
pond with the title of the neW$plper mentioned in the declaration or the editor
of eft!'}' portion of that iUlIe of the newspaper 01 which. copy is PI' 1 d.
Nnrdcda.... I. Prcrrided always that .lny penon who may hal'e subscribed by sucb
tina b)' per- declaration as is aforesaid, imd who may subsequently casc to be tile printer or
I0I1l who
ha.~ siped
Pllbli~her of the
new.parer mentioned in such decbrilition, may awear before the
...bntk- Ma~i$tratr. and
make and Illbscribt in duplicate the following dedaration :-
and Illble II I, A, 8., dtclare that I have cuaed to be the printer [or publisher. or
q\lt'nU~'
MOd t,) be printer and publisher) of the ne\\'sp"PCr entilkd-."
printtn or
put-lilhcn.
Allthtntl~.. Eaeh orilioal of the bUer declalOltion shall be authenticated by the sianlture
tI"" aCld aDd lItal of the Mlj;!istrate hefore whom the laid J.lUer declarntion shall han: been
lilla. made, and one original of the :;aid latter dec!;ualion .hall be 61ed alone with each
ori~in"t1 of the former dcclar3tion,
The officer in ch:l~e (Ii each ttril!,inal or the l;atler uec:aration shall allowanv
person aprl}'ini,tto inspeclthat original on Pll)"mrnt of a fee of one rupee. and shail
give to allY person :lpplrinJ!:l COJlJ (f tile said laU.;:r declaration attested b). the
seal of the ~ourt having custody of the oriKinal, on pa}'tl\ent of a f~ of two n:pees.
Puttiac copy In all trials in wbkh a copr.atl('SI~,1 as i.af("lr~ '..did, of the lormer deda"ralion
ill e\i!k.k:c. shall have l>een put in e,iden::r. it 111.111 bl- 1,IW(lIl to put in e,idence 10I cop)".
attestell as is aforeS3id, of the lalkr ,Ic:dau!ion, ~nd the former declaratiC'n shall
not l)(' taken to be e,idence that the dlarant W:I', :It OlDy Period substq\tCnt. to
the date of the L1tter dL'Claralion, rrinler or pabli.her of tbe newspaper therein
mentioned.
Pc"'..... IA. If, an}' (lCT'$OD, whose nante hOI! appeared.I' editor on a co~ of news
wboN: n;uDt p.lper, elasD's th;lt hl:W.\$ not the tdltor o( Ibe 11.~lIt on which his name h"s so
b.,lf b..~n
ilK >tf1:dl)'
appe;Jocd, he JI\iI)-, within two wteks of his becoming ...-are tbat lUI n~e hIS
pA'JWw4 bttn so published. appear bdo~ tbe District l1~ailtratt olnd make a declaration
1I6 edit,,," that his llame ,\.a.' iocoll"ti:ll} publitMd in that iUDe as that 0{ the editor lhered.
1IU, ..lIlc a and if the Matistrale artt'r ~kil !I:.:h inqllil'}' or cauin .uch inquiry to be
drtbf:\li.1OI ma.1c as he moly ~on,.i(l.:r neCl'lillal') h salisfied Ihat loch declaration is true. I~
t-d\Jhl:to
)I"Ptutc. shall ctrlify :M:COfoiDgly, and on tholt cn1i6cate brill!: cWen tb, proorision5 ot
stelWP. 7 ~II uot aPl'l} to tlP.I pema jq f~t oI.t1I~t ioue of the DenpapeC
The M:1Kistrate may extend Ute period ...llowed by this section in any case
where he is satisfied that such per~n \\'3$ prevented by sufficiellt a.lISC from
appearing and makinR the declaration withlnlhat period.
PAR'I; 111.
D(JvIU~Y OF BoOKS.
9. Printed or lithographed copies of the whole of every book which shall be Copies of
printed or lithographed in the Union of Burma after this Act shall come into books print.
force, toa;ethcr with all maps, prints or other engravinitS belonRin~ thereto, ed a!ln com.
mencement
finished and coloured in the same manner as the best copies of the same, shall of Act to be
notwithstanding allY a~reement (if the hook he published) between the printe: deijvcred
and publisher thereof, be delivered by the printer at such rlace and to such Intis to
officer 3.S the President of the Union shall. by notification in the Gazette. from Go\-ernmellt,
time to time direct, and free of expense to the Gc.vernment. 3.S follows, that is
to say:-
(.) in any case. within one calen<.I3.r month after the day on whteh any
such book shall first be delivered out of the press. one such copy,
and,
(b) withln six calendar months from such date, (if the book be not
proscribed by Government) (five] t other stich copies,
the copies 10 delivered bein2 bound, sewed or stitched tos:ether 3.nd IIpon the
best paper en which any copies of the book shan be printed or Iithographetl.
The publisher or otber person employing the printer shall. at a reasonable
time ~fore the expiration of the said month, ~l:Ipply him with all maps, prinls
and en~ravjng. finished and coloured as aforesaid, which nL1)' be nel>Cssary to
enable him to comply with the requirements :tforesaid.
Nothing in the former part of this section shaH apply to-
~i) any second orsubsequenl edition of a book in which edition no addition!
or alterations either ill tbe JeUtr.prcss or in the maps, book prints or
olher !tn~ra\'in~s btlona;inl: to the book have been made, and a copy
of the first or some precedin~ edition of which book has been
delivered under this Act. or
(ii) 3.oy ne\'\'spaper publisl1ed in collformity with the. rules laid down in
section 5 of this Act.
I,. The offic.:r to whom a copy of a b'1Ok is delivered under the last forq:oing Receipt for
section shan Itive to the printer a receipt in ....'riling therefor. copie1 *Ii.
,-em! under
~ion 9.
I II. Of Ihe copies deliTCred pursu:lnt to section 9, one copy each shall be Di~1 01
tr:tnsmitted to [the Chamber of Deputies Ubrarv, the Chamber of Nationalities C'Oflie" deli
Libr-oIryJ I the Ranll:oon University Libr.l.ry,3.nd hhe NalioR:l1 Library] I :lnd the \ert.d "Dder
remainder shall be disposed of u the President of the Union Shill fromtime to section 9.
time detennine.
PART IV.
PeHall~' for 12. Whoever shall print or publish :my hook or p.\per otherwise than in
I'rinlill' 4;Oufomlity with the rule conlained ill Sl.:ction 3 of Uli~ Act shall, on conviclioo
l'O'lhary Id before 2 Uliti!l.lrate, be puni!'hed by fine not exceedintt t\\'o thOtlS21ld nlpees, or
nak hl
1tl1Xll1 l. b)' simple imprillOnmcnt for:t term not e'Sttedinit ::.i'S months, or by both.
PetPlty lot
IIftrinf
I'.Whoever shall keep in hi. possession any .uch p:ell as afornlid, without
nukinl: meh a declaration:lS i. required hy section 4 of this Act, shall, 011 convic-
!,ftU with.
oul maklD, tion before a Maiistr.lte. be Plll1ished byline 1I0t exc,..ediIl2 two thousand rnpa.'l>t
ded3fallon or by simple imprisollment for:l term not exceedinJl six months, or by both.
r~ired by
IO.:UOII 4.
P\lni.lllnent ... Any person who shall. in makinll any dec:hratioll ullclu the aulhOl;ly
f"" nlakilll of this Act. make a stat~ment which is i:tl<;e. and which he either knows or belien'S
bhelbte.
_I. to he bl.. or (~ not helieve to be trur, shall. on con\'ictioll before a M:l~i~tr.atet
be plllliflhed hy linc not e:lccedinJt two thoo"1nd rupeu, and imprisoment for "
term not exceedin~ six montb.,
Ptn'oIty for '5. Whoe\'er _hall edit, print or publish any newspaper without conforming
prialin,or to the mles hereil\befor~ l:lid down. or whoever shall edit, print or puhlish. or
pllblilhinC
pcriod....;ah ah::tll ClU!le 10 he edited. printed or published, a.n~ newspaper, knowi"" that the
wilbobt said rull:$ have not hem observed wilh n:sprcl to tb."It newsp.aper. shall, on
conforaiq conviction before a ll~stratc. be punished with line not ueetdin~ two thous:tnd
10 ruks. rupeet, or imprisonment for a term not uceedinJt till: months, or both.
Pellalh"lr>t 16. If :my printer of any ~1I!.:h hook as i. referred to in ~ection 9 of this Act
aot delh"u. th:all nelllec:t to deli.er copiet of Ihe ~..me pursu:!nt to that section. he shall for
llll boclb nerY such dd:lUlt fNieit to till: Gm~rnm('nt such sum not ex:Cttdin~ fifty rope
""
'OPrI);nc as a Alatislr:tte hlving jllrlll<lktion in the plaee where the book was printed m... y.
prhler on the applicati(ln of the oEccr to "\'1\011II lhe cories $;hnuld haTe bern delivered
wlthma,.. or of any person autborited h)' th.,t officer in thi<1. behalf, determinf'; to he in the
circ'lmstan~ a re:uonable pellalt~ for the clebult, and. in addition 10 such Sllnl,
.uch further sum as the M:lgittr:tte may determi~ to be the "alue of the copies
which the printer ought to ha\'e ddinred.
If an)' publisher or other penon tmployinC any such printer sh;\11
neak'd to supply hi'lI, in the manner prtK:ribed in the second p;lr:tJ!.n.ph 01
Il:'dtoa 9 of this Act. with the m2p1, prints or ~ua\'istlSwhich may he nec:e~c.uy
to el\a~ him to comrJy with the proTisions 0( th.... t section, ...ch publisher cr other
person sh211 for ever)' surh <1cf:lUlt forfeit to the Government such sum Ilot
eX('ff(lin~ 6ft)' rnptes as Slllh a M:tgislr:lh: as afores:tid mar. on such an applica
tion ;l.S afor~s:lid. determine to be in the cirCumstances a re:tsonahle penally for
the default. and, in 2ddition to sDch sum. such further sum as the lL"I~5trate may
determine to be the '\'alue of the map!, prinb or enR.ravinp which such puhli5ber
or other person OIlJ(ht to have mpplied.
Prtsl IRegislraUmd. ~lS
J6A. If any printer of auy newspaprr publi,,!le(\ in the Union of Burma PCllaItJ'for
neetll to deliver copies of the same in compliance with liC\:lioll I1A, he shall, failure to
on the complaint of tbe offictr to wbom copies should han been delivered or of lapr1ycopia
any person authorized by that officer in H.is behalf, be punishahlt, on conviction of IIftIIt-
hy ;a A~istrate havin2; jurisdiction in the p);ace where the newspaper \\'as printed ~:to
with fine which may estend to filly rupees for every default. G<wnlIalent.
11. Any sum forfeited to the Goftrnment under seetion 16m3Y be recoveretl, R-oo.'f:lJn{
under the warrant of the Magistrate determining the SUm, or of his IUccessor in fotfeitum
06:e, in the manner authorized by the Code of Criminal Procedure, and within aaIIl d~
the period prescribed by the Penal Code, for the levy of a fine. ~n::.aad
All fines or forfeitufl.'$ under this Part of this Act shall, wben recovered, be
disposed of aI the President of tbe Union sllall from time to time dire<:t.
PART V.
R!GISTJtATION 0 .."':Boou.
la. There sh;all he kept at snch oRice. and by such oRicu;\I the President Regi$tntioa
of tbe UBion shall appoint in this beluU, a book to be c.ll1~d a CatatoWle o( of me:too-
Booh: prinled in the Union oi Burm", wherein shall be reRisleree! a memorandum "...'"
boot
of every book which sball have been delivered pursuant to c1aU$e (a) of the first
paragraph of section 9 of Ihis Act. Such memorandum shall (!l0 fat as may be
practiclble) contain the following particulars (tlmt is to SilY) :-
(1) the title of tbe book and the contents of the tille.pa~e I
(2) the lanilll1ge in which the book is written ;
(3) tbe name of the author, translalor or editor of the book or any Po"\rt
thereof;
141 tbe sabject;
(5) the place of printing and the place of publication;
(6) the name or firm of the printer and the name or lirm of the publisher i
(7) tbe date of issue from the press or of the publicntion ;
(8) the number of sheets, leaves or pa).tes i
(9) the size j
(10) the first, stcond or other number of the eclition ;
(11) lhe number of copies of which the edition consist. i
(12) \vhether the book is printed or lithoL!taph-=d i
(13) the price at which the book is sold to the public; and
(14) the name and residence of the proprietor of the copyrillht or of any
portion of such copyright.
Such memorandum shall be made and regiltered in the cale of each book as
soon as practicable after the deli't'ery 01 the copy thereof pursuant to clause (a) of
the irst paraaraph of section 9.
19. The memoranda r~istered during eacb ql1arler in the said Cat:llOllle Publtu.tiQII
shall be published in the Gv.ette as soon as may be after the end of stich quarter ofmtmG-
nnda
::: I ulbterri
_.
\lISClLUNF.c,lUL
.....
POWtf to 21. The Presic\(mt of the Uni"n shall b<l.Ye power t.o make such nlles as
may be necesuf)' or desirable for carr}'ing out the objects of tbis Act
l
....., .
,.,. .
ndllde Ill'
books IroIlI
21. The President of the Union may by nolilication exclude' any class of
boob or papers from the operation of th~ whole or any Part or Pouts of tbis Act.
=:.tioa 01
THE PRESS (EMERGENCY roWERS) ACf.
SediOftl.
1.
2. Dclinition~.
COMTJ.'OJ. OF PkIUtMGPIO:ESUS AMD NJiWSPAPlJtS,
3. Depm;i1 of ~urit)" by keepers of prinling.preues.
4. Powrr to decl<l.re sc<:urity or press forfeited in cniain e:t9CS.
S. Del\Osit of further !;(Cnrity.
6. Power to ded:lfe further security and puhli<::ltionll: forfeited.
7. De~it of se~nrity by pnblis!lcr of newspaper.
8. Power to decl:u-e ,;ccuritv fnrfeitr-d in certain cases.
9. ~it of farther secunt}.
10. Power to declare fnrth securitJ :md DC:\\'SjXlPtts (orfeited.
11. Pen.'\ll) fOi keepinR Pl'e$~ or publkhinJt new,;paper withcm: In:d';n~
deposit.
12. COD$().luences fJ( bilmc to deposit security as reqnired.
13. Rrlum of deposited sccurit} ill certain Cl5n.
14. ISSl:l~ of ~rch\\';lIlT:lnt.
UIUllTIIO)(IDU NlwssHun .'No NI\\'VAns:s.
15. Aulhoris.'\tion o( po,.-uons to pnbli$h newsshedll.
'16. Power to teize and dntro)' unluthoristd news-sheets and newlIpnpen.
17. Power to seize :!ond forfeit ull<ledOlt:'td Pfes~e$ producin~ un:\Ulhorill:Cd
Mwsshf'ets and nelnpaper!l.
18. ~I.,jly for dis~1l1inOitill~ un:mthoriled M\\'S-5heris :'llld MW!lp.1peR.
SPEaAL I"RO"ISIONS Sl2I.ATI!(Q TO SEIZCR2 OF CERTAIN DocOM1!:N1'S.
2. In this Act, unless there is anylhin~ repugnant in the subject or coutext,- DefiDiliOllI.
(l) .' book" ino.:ludes every volume, part or division of a volumc, pamphlet
alJ(lleallct, ill any languaJ,lc, and every sheet of music, map, chart
or plan $epar:ttel)' printed or lithogr,lphcll ;
(2) II document" includes :\150 any painting, drawiug or pbot~raph or
('Ither visible representation;
131 ~
(41 " Ma;!istrate" means a Di$trict MagistT':lte ;
(5/ I, r.Cwsi)''lper''
me1ns any pel;'X\ic tl work cont;lini,,~ public news or
comments on puhlic news i
(61 U news sheet " me:w. an)' document other than a newspaper containinR:
puhlic. news 01' comment~ on public new~ or any matter described in
sullseclion (I) of section 4 ;
(7J I ' pres}!" indndes a printinjt.press and all machines, implements and
plant and puts thereof and all materials used for multiply ilia; doe:o
ments j
(8, .. printin}(.press It includ:s all engines, machinery, types, IithQRraphic
stone.", implements. utensils and other rlant or materials used for the
purpose of priutinR ;
(9) .1 unauthorised n~wsp.,per" means-
(a) any ncwsplpcr in respect of which there are not for the time being
v.llid declantiom under section 5 of the Press (Rq:istratiorV Act,
<lnd
(b) any lI:w~paper in reipe.::l of which seCuril)' has been required
unrler Ihis Act, b:11 has not b:en fUnJished a,l'equired ;
(IOJ .. 1I.1l'I.!10:ise.l ncw.i.S!lccl" mC.IIB any nc\\',~hect other than a
newssheet published by a person aothori~d under section JS to
. publil'h it : and
(11) un .leclared press" means any press nther than a press in respect of
which the..c is for the time beini: a v:t1id declaration under stion 4
a( the Press (Rea;istraHonJ Act.
218
CONTROL 0 .. P.UNTING hESSES ANp NEWSPAPER$.
Provided tlmt if a deposit has been required under sub-~ction (j) from any
previous keeper of the prinlinlprcss, the seenrit}' which may be required under
Ihis sub-section mOlY amount to three lhousand rupes..'I.
(1) Where security reqaired under sull-section (I) has been depm:ited in
respect of any J1rintin~-pr~~, :lnd for a period of three mouths from the d:lte of
the ded.n':ltion mentioned in subsec:.on (l) no order is made by the President
of the Ullion under: section " in respect of such press, the l;CCurily shall, on
application by the keeper of the pres~, be refunded,
(3) Whene\'er it appears to the President of the Union that any printinj!-
pres!! kept in any place ill the Union of Burlna, in rtspeet of which security under
the provisions of this Act h:tlnol b~en required, or having !Jeen requirtd has been
refundl'd under sub-section 12), is llsed lor the purpos~ of printio),! or publishing
any newspapu. book or olhd' document conb.ininl! an}' word!!, si~ns or visible
repretenlalions of Ihe nature described in sedioll 4, ~ub-scction (1), the President
of lhe Union may, by ,Iotice in writin),! to lhe k..cper of the press staling or
de~cribinl such words, si5:ns or visible reprncn1ations, onier the keeper to
deposit with the ~ia),!istrolte within whose jurisdiction lhe pren issitU:ltedsecurit}"
to such an ;Imoonl, 1\01. beina hiS than li\'e hundred or more than three thousand
rUJlf:~ as the I'~id~nt of the Union m:lY think iii to ra'(uire, in mnney or the
a'(uivalent thereof in securities 0( tbe GOvCfnment o( the Union of Burma or the
Govcnlment of India or l'aki'ltan as the person making the deposit mOl} choose.
(4) S,lch notice shall appOint a d:lte, not hein),! sooner lh:ln tbe tenth day
after the <Llte of the issue of the notice, on or before which the deposit shall be
made.
)'ower to .., (l) Whenever it apptars In the Prrsident of the Union th:l! aay printing-
dl:are
.".
preu in respect of \Vhi.::!. any KCllrity has be~n ord~ed 10 be deposited under
ac.:urityor section 3 is u,;cd for Ihe purpose of prjn\in~ or publishing any newspaper, book
Jorfeited in or olher dxumenl containing an}' wonl", siJ,(ns or ",i,ihle representations which-
cetbincaxs.
(,I) incite t~ ~r enCOnracc, 0; tend to incite to or to encourage, the
cnmmlSSlon of :lny offence of murder or any cognw.ble offence
in't'olving violence, or
{bl ditcctl} or indiredly C'xpress approval or admif:ltion of any such
oIfencl', or 01 an)' p(rson, real or lidilio~ who Ins committed or is
;;lIeged or ~pr"ented 10 h3V~ committed an}' SllCh often~,
or which leud. direcllr or indirecllr,-
fc) 10 seduce any officer, soldier, sailor or airm.ln in the militar}', naval
I or~ir f~cC' or allY policC'-oflkC'rfrom his "ll~iance or his duty, or
(,II 10 hrlr,~ mto Ilatr~d or contempt the Governmcnl estahlished by L1win
the Union of Burma or Ihe administr:ttion cf justice in the Uninn of
Bllrm:l or all)' clan or sC'ction of persons resident in the Union of
Burma or 10 excite dis.1ffectioll towards the s.1id Government, or
I Subltilu\td bythc VniOG of 8\1111U (AdJpbtioll 01 Law.l Order, 1941.
219
(e) to put anr persOli in fear 01" to cause annoY,Lllcc to him and thel'elJy
illduce him to ddivcr to any person any property or valuable
securily or to do allY act which he is not leg.,Uy bound to do,
or to omit to do any act whUt he is l~gal1y entitled to do, or
Cfl to encourage or incite any pel'SOIl 10 interfere with the administra-
tion of the law or with the maintenance of law and oreler, or to
commit any offence. or to refuse or defer payment of nny land-
revenue, tax, mit', cess or other due 01' amC'lunt payable to
Government 01' to any local authoritYI or any rent of llj,(dcullural
land or anythill~ recoverable as arrears of or aloni! with such
rent. or
(i) to induce It public servant or a servant of a loenl alltherity to do
any act or to forhear or delay to do ..my ael connected with the
exercise of his public functions or to resign his office, or
(11) to promote feelings of enmity or hatred between differfllt classes of
(persons resident in the Union of Burma]" or
(ji to prejudice the recruiting of perRons to serve in any of the Burma
forces, 01' in an}' police (orce, or to prejudice the tt":'lillini, discipline
or administration of any such force,
J lj)
the President of the Union may, by notice in writinl'!: 10 lhe keeper of such
printing-press" statin~ or describing the words, si.ll:ns or visible representations
which in his opinion al'e of the nature described aboYe,~
(j) where security has heen deposited. declare such security I or any perlion
thereof, to be forfeited to (the Stale]', or
(ii) where security has not been depollited, deClare the pl:ess to be forfeited
to [the State],'
and may also declare aU copies of such newspaper, book or other document
wherever foulld in the Union of Burma to be forfeited to [the Stater.
Ezllanaliol/l.-No expression of approval 01" admiration made in a h:storical
or literary work shall be deemed to be of the nature descrihed in this sub-section
unless it has the tendency described in clause (a).
E:rtlalltrlioI12.-Comments expressing dis:t.pprobatiol1 of the measnres of the
Government 0.' Administration with a view to obtain their alteration by lawful
means without exciting or attempting to excite hatred, contempt or disaffection
shall not he deemed to be of the nature described in clause ~,l) * to .:.' of
this sub-section.
u#ll"a#dn 3.-Comment~ expres"ing disapprobation of the administrati~e
or other action of the Government or Ac1ministT~licn without e]l'cilin~ or attempt-
in~ to excite hatred, contempt or disaffection shall not be deemed to be of Ihe
nature described in clause (,f) ~, 0;: =) 1 of this sub-section.
Exl1l1#rotioIJ 4,-Words pointinJt out, withoiJt malidotls intcnlion and with
an honest \iew to their removal, matters which arc producing or h:\\'e a tendency
to produce fcelinl!s of enmity 01' hatred betweC'1l different classes of [persons
resident in the Union of Burnm11 sh~l1 not be deemed to be words of the nature
described in clause (jo) of this subsection.
.3
(2) After the expiry of ten days from the date of the i""ue of a noti~ under
sub-section 11) declaring a security, or any porlion then'of, to he forfeited, the
declaralion made h~ r~spect of such press under section 4 of the Press
(Registmtion) Act shall be deemed to be annulled.
I Suhflltul~d by t,",e Union of Burm, (Adaptation of Law_) Order, 1941.
Delded Ibid,
'EJlplanatic.n 5 was deleted iiid.
220 Press (E,nel'l!tNtY J'otum).
Dt~t 01 I. (1) Where the secnrity Jfiven in respe<:l of any press, or any portiOf\
further thereof, h;ts been deemed fOl'feilelllmder sedion " or st'Ctio~ 6, every ptr~on
Hl'l,rlly. malcin2 a fresh declaration in resped of such pres!> llnder secholl 4 of the Press
(R~i'Lratioll) Act shall deposit with the Ma~islrate before whom such declaration
is made securit)' to such an alll(1Unt, 1I0t hcillg less than one thousmld 01' more
than len Ihonsand rupces,as the Mal!:i~trate IIlAy think litlo require, in money 01'
the elluivalellt tllt~reof in secnritics of the Government of the UUiOll of Bunna 01'
the Government of Indio" or Pakismn a. the person makin~ tlle deposit may
choo!IC, .
(2) Where a portion only of the security Riven in respect of snch press hal
been decb.rcd forfeited tinder seelion 4 or SC'Clion 6, any ll11forfeiteo balance still
in deposit Sblll he taken as pari of the amount of security required un~er sub-
section (1).
Powtr to 6. f1) lE, after <;ecllrity h~lI been deposited under section 5, the priuting-
declJU'e pr~ is :lsain used fQl' the purpose of printing or publishing any lle\\'Sp:lper, book
furttler or other document contaillinlt an)' words, signs or visible represeillations whicll, in
:seeurily aDd the opinion of the President of the Union, are of the nature described in section 4,
publicallOllI
forfeited, sub.section W, the President of the Vnion mar, b)' notice in writil1~ to the keeper
of such printing'~1 stating or dc:ocribinll such words, signs or visible represellta-
tiona, declare-
r.l the farther MCurity ~l) deposite,., or any portinn thereof, and
(b) all copiel of llllch neWsp:lpcr, book or other docoll1ent wherever foand
in the Union of 8urm:t,
to be forfeited to [the St'\tc] I.
(2) After tbe expiry of tell days froll1 the iUlle of a nntice und(~r sul:-sedion
(I), the decl;\ntin:1 m Ide in respect of such Pl'fl!l uncler setlion 4 of the Prus
fReIlistrlltionl Act shall be dttmed to he: :lllllUllcd.
Depolit of 7. (I) Any puNisher of :l newspaper who is required to make a declaration
security by under section S of the Pres. fRegistration) Act lI1:lY be required by the }.IaJlistrnte
publi.her of before whom tbe drclaralioll ill made, for rea$CIllll to be rti:orded in writins, 10
MW.p:lptr,
depo:>it with the Mll1~isll':lte \\ithin ten darll from tile day on which the declaration
is made securily to such lin amount, 1I0t being more than one tbou!land rupees, as
the M:utistrate m:lY in each coUe think 6t to require, in m?ne)' or tht e'luivalcnt
thereof in securities of the GJ\I.'l'llmcnt of the Uoion of B'lrma or the Government
of India or IJ;lkistan as lhc penon m lkillC the deposit may choose :
Prcmded th..lt if a. deposit hall heen rrqtsired under suh-!lCetion (3) from any
pr:vious publisher of the ncwspaper,the sc~urity which may be required under
this sub-section m1y amount ~o three Ibou!L3nd rupees,
(1) Where lecurity requir~d under sul:Hection (J) has been depOSited in
respect of any new,,;paper, and for;'l period of three months from the date of the
dedaration mentioned in sub-se.:tion II) no order ill made by the President of the
Ulllon nnder ~tion 8 in respect of such nCW3p;lper, Ihe security shall, on
application by the publilher of the newslQper,he refunded,
(3) WheneveT' it :lppears to the Pre!\ident of the Union that a newspaper
published in Ihe Union of Bnrmll., in r~pe<:t of which s~llrity under the
provisions of this Act ha~ not been required. or h:\ving heen required has been
refunded under sub-section IZl, contains .10Y w(lrds, siens at visible rcprescnt.1.-
lions of the natul't~ d('!lCribcd in ~eclion 4, sllh~ti(ln (I), the President of tbe
Union "'ay, by notice in writinJ!_ to the publisher of such newspaper, slatinS or
describinJ! such words, signs or \'isible represcntatinns, ~nire the publisher to
~eposit with the lhgistrate within whose jurisdidon tbe ne\tsp:lper is published
8. (J) If any newspaper in respect of which any seeUl;l)' has been l'l\'c\crerl to ('ower to
be deposited uneler section 7 contains any \l"ords, siJ{ns or visible representa. detilire
tions which. in the C'tpinion of the Prcsidt'nt of the llniGll, ;Ire of tbe nature It:(;llr,ity
described in section 4, suh-section W, the President of the t'nion may, by notice ~J~ttd
D
in
in writinJ{ to the publisher of sl1ch newspaper, statin" or describill~ sl1ch word~ caIU.
siJtns or visihle representation~.-
(o) where the securily has been deposited, declare such security, or any
portion thereof. to be forfeited to [the Sl<lle]', or
(b) where the security has not been deposited, annul the declaration made
by the publisher of such newspaper IInc'er seclioll 5 of the Pres"
(He~istration) Act,
and may abo declnre all CI'Ipies of such newspa.per wherever found in the Union
of Burma 10 be forfeited to (the Slale] I.
(21 Aft..:r the expiry of ten days from the date o( the ihue of a lIotice under
sub-section (I) deClaring a !lecurity, or ;lny portion thereof, to be forfeHe(l, the
declaration made by the pulliisher of SUl.:h Il(.. wspaper under section 5 of the Press
(Re.:istration) hct sh:1I1 he deemed to be annnllt'd.
10, (J) If, after security hll been deposited under 5e,,;tion 9. the newspaper Power to
a~ain contains any words. siJ,!ns or visible representation!! which, in the opinion of declare
the President o( the Union. arc of the n;.tnre described ill section 4, sub-.!oeetion further
(I), the Presideht of the Vnion m.lr. by 110til,;e in writin" to Ihe publish~r of such setHity and
newspilpers
ne\\'~paper, shlin/:! or d~<;cribillJ.! Sl1ch wonls, si~ns or vhible representation~. forfeited,
dedOlle-
101 thc further security so deposiled. or any portion thereof, and , .
(b) all copies cf ~Dch nell"spaper wher'C:vcr found in thc Union of Burma.
to be forfeited 10 [the Sl;'ltd'.
(Z' Aft..:r the expirv of len da}'s frnm the elate of the issue of a notice unl1er
sub-section (I), the dec!:lr .Iion made hv the T'l1hhslll:r o~~"IIl':h nel,'spaper under
, S;tl!sljtuled by the L"nion 01 AlIfilla f,4.<:aptaHop 01 Laws) Order, l'H8,
m
sedioa 5 of the Press (Registration) Act shall be deemed to be annuUed and Db
further declaration in reaped of luch neWlpaper shall be made S:lve with the per
miSlion of the President of the UniolL
Penalty for 11. W Whoevr keeps ill his possession a presl which is used for the print-
keeplnc ing of books or p:J.pers without nuking a deposit under section 3 or seetkn 5, U
pm."
publ.ishinc
required by the President of the Union or the U;1!ili$lrale. as tbe C:lSe lDt-.y be,
Sho1l1 onccll\'il:tioll by i1 Ua<:istr.\te bI: liable to the J)fnllt)' to whkb he would be
:m="
-..
d<poolL
1i.'\b1e if he had hUed to make the dec1an.tioll prescribed b)' section 4 of the Press
(Reaistrationl Acl
(ZI Whoever publisheaally newsPQper wiUKlllt making a deposit uoder ICCtioD
7 or section 9. as required by the President of the Union or tbe Macislr...te, at:
the case lnly be, or publishes such newspaper koowinc that such security bas DOt
been deposited, shall on conviction by a 11~islr"'le be 1i,1ble 10 the penalty 10
which I\!: would be liable if he had failed to nuke the declaration prescribed by
section 5 of the Press (ReJ{istrntion) AcL
eo,... 12. (I) Where a deposit is required from the keeper of a prinlin~-pre..
quell(el of under section 3. such prt'1S shall not be used for the printin~ or publi~hillj.l of any
f.i1u~ to newsp;lper. hook or other tlOClllllent aftt'r the expir)' of the time allowed to make
Mpolit
lle\;Urity at the dewsit \llltil the dcposit has been made, and where a deposit is r~quired from
required. the keeper of a printill~'pres. under section S, such press sball 1I0t be so used
until the deposit h;15 bt.'ell n'l.1de.
(ZI Whl:1"e an)' printing-press is tlsed in contrnvention of sub-steUon (1), the
PtWdent of the Union m:l)'l by notice in writing to the keeper tbereof, declare
the pren to be forfeited to "the Slate] I,
(3) Whtre a deposit is required from the publisher of a newspaper under
section 1 and the depit is not m.-.de within the time allowed, the decLvation
m:adt: by the publisher under ~ion S of the Press (Registration) Act shall be
deemed to be annulled.
_.
Retum of U. Where an)' person has deposited an)' seenrit)' under ihis Act and ceases
dc-pOOltd to keep the press in n:spect of which l'Udl :;:urily .....as deposited. Of, being a
",'Urity ill publisller, mak a dcd:u-ation Miler st'Clion 8 of the Press (}{elo!i.itrnlion) Act. he
"wan nla)' 3pplyto the MaJ!.istrate within whose jurisdiction ~uch pre" is situate for the
return of the said security; alld thereupon such security shall. upon proof to tbe
satisfactioll of the Mal:istrate and subject to the provisions bereinbtfore contained,
be returned to such person.
.-.eof f. Where any printill~'~ss' is. or ;lIIy .::opies or any ncwspaper, book or
Kanb other document are. declared forEeitC'd to lthe Slall-}' ullder section 4. section 6.
WbTant. lleclion 8,l~tion 10 or $t'CtiOR 12. the President of the Union may direct a
llil~istrate 10 iSltte a warr;mt empowering any oolicc-ollker. not below lhe rank
of suhimpedor, to seiu' ~lld debin any property ordered to be forfeited and to
enter upon and k.m:h for ~b prorcrtr in any premists-
(jJ where any such proper!,. may be Of auy be re:uonably sll$pected to
bt.or
(ij) where OlDy copy of such newsp:tper, book or other docwnent isL.-ept for
sale. distribution. publication or pubJil: exhibition or is rcuonably
suspect~ to Le so kept.
AuUloriP IS. (II The Ma~i'trale m:lY. by order in \\'ritinl:: anti subject to such concU-
... '" to
per-,
tions :IS he may thi!lk r.1 tG il\II'Ql\~, authorise flU)' person b)' name to publish a
ncu,.sbeet, or to rnblish news-sheet:; from time to time.
publish
acw : :
I S.bltilulcd b)' the tniOQ of Bumu (Ad"ptaUon of Laws) Order, 1948.
22.l
(J) A COP1 of aD order under sub-section (I) sball be (CUllilbed to tbe
thereby authorised. Ptf'lOft
(3) .The llaIistrate may at any time revoke an order made by him under
subclion (1).
16. J.lJ Any policc.-officer, or any other person empowered in this behalf by Pawn to
the PresldeDt of the Unton, may seize any unaulhorhed uewl-sheet or urt:lulhorised Id&e alld
Dcws.P3J:er, wherever found. de-tro!.~
(Z) AllY District M;'lgilitrate,Subdivisional Magistrale or Magistrate of the fim aulhm led
cb.u may by warrant authorise any police-officer not belou' the rank of liub. ~=t.
inspector 10 enter upon ,and search :my plaet: whtn: any stock of unauthorised pape,..
news-sheets or unl\~lhorised news~pers mny be or m;1)' be 1'C1sonabl)' suspected
10 be, and such pollce.officer may scm any document, found in such place which,
in his opinion, are unauthorised newssht.els or unauthorised new'rapen.
(J) All documenl. seized under subse<:lion U) shall be produced as OOD as
may be before a District :Magistrate, Subdivision!!1 MaJ:istmte or MaJtittrnte of
the first class, and aU documell~ seized onder sub-sUon (Z, !llmll be produced ..
lOOn as mow be before the Court of the Ma&ishate who i~d the warrant.
(4) If. in the opinion of such Magistrate or Court, any of such dotumenl.
art unauthori$ed nC"'I.sheets 01' unauthorised newsp.1peR, the Ma,a.i51rate QC"
Court may cause them to be d~troJed. If, in the opinion of such M3gistraf'e or
Court, any of such documents art not unauthorised news-sheels or unauthorised
oewspapen, such Ma!tistrale or Court shall dispose of them in the DWlDcr
P'QYided in sections 523, 5zt and 525 of Ule Code of Criminall'rocrdnrt
7. W Where a District MaJ,tistratc or Subdivisional Magistrate has reason Power to
to belit't'e that an unauthorised news-sheet or ullauthoriltd ne\1o-spaper it being ICI..:"'"
produced from an undeclared peetS within the limits of his jurisdicti?", he may :"~Iared
by warrant authoriJe any pOliceofficer Dot below the rank of IUb-IDspedor 10 Jl'd'"
enter upon and search an, place wherein luch undeclared press may be or may be producln~
reuonably suspected to be. and if. in the opinion of such police-officcr, any pYesI ...I~
fOWld in such place is an undeclared press and Is used to prodLX:C an unauthotlled
news-sheet or tmauthorised newsflaper. he may seize such press and an1
:::-ewa-
r-,pen.
documents found in the place which in hill opinion are unauthorised news-sheeb
OC' unauthorised n e w s p . 1 p e r s . .
(21 nle police-officer shall make ;\ report of the itarch to the Conrt whIch
issued the warrant and shalt produce before such COllrt, as soon all lllay be, all
property seil:ed :
Provided that where allY press \vhich 11a1 been seiled cannot be readil,
r~moved. the polic.e..officer InW produce be(ore the Court onl, such P;lrlS thereof
as be may tbink fit.
0) If sU\:h Court. after such inquiry as it may deem n-quWtr,. is ?f opinioll
that a press seized under this section is an undecbred press which IS uttd to
produce an un:luthorised news-sheet or unauthorised newSfapcr, it rDa)', b.Y order
in writing:. declare the press to be forfeited 10 {the Sl;lte}l. If, after such IJIq'!lry,
~e Court i.. not or$Dch opinion, it sball disJ'05C ollhe press in the m;anner provided
In sections 523, 524 and S2S or the Code of Criminal Procedure.
(4) The Court shall deal with documenb ptodltced before it un4tt this smlen
in the manner provided in sub.section (4) of section 16.
1. (JI Whoever makes, seU., t1i11ribuh:s, publishes. or fJUbliely rxhibitt .Of' ~:~_
be(ll for sale, distribution or publication, :my unauthonsed Iltws.sh~t or lie."
PIper shall be punishable with imprisonment which ma, extend 10 ~llClnollths. Of
::Clll..
witb tillC, or wilh both.
papua.
~
224
(Z) Notwithstuldinlt anythinj( contodnfd in the Code of Criminal Procedure,
an)'offence punishable undersub-secliori (I), aocl allY abetment of any such olIenee,
shall he coeninble.
SPlCl4L PItOVlS10Nli IIUoTIl'G TO tBI!. SlIZUK.I OP eEllTAII-: DOCUWIlM'r1.
19. Where any nc\\'~'Paper, hook or other document wherever made appe:lrt
.....m ..
ckc~rc
to the President of the Union to contain any w.;n'tls. si~ns or \'i'iible representation,
cabin pub- of tbe n:dure described in $C\;lion 4, sub-section (1), the President of the Union
may, by ootificati)R in lhc G:udle, statinJt the groonds of his opinion, dedare
""""""
furflikd
-
c~ copyoftbeiss1Jeof th~ ne\vIFPI--r .:mdeTerY cop}'ohuch bookorothtr docu
_.....
. .4101....1:
~od>. ment to be forfeited 10 [the Slate]. ::lnd thereupon allY poIice-oflieer 1Da}. ~tize the
..... 13m: wherenr founet in the Ullion of Hurm~, and any ~hJtislr:l.te rna)' b)' ',varnnt
autharite any police~fficer not brlow the rank of soh.inspector to enter upon and
seareh for the same ill any premises wh~rc an)' CClpy o( such issue or auy ~ucb
book 01' other documrnt m.1) be or may be rU$01l1bl\' suspected to be.
Po",lo ~O. nlt= Chief Cn~tt')lllt-Officer or other offictr authorised by lhe President of
detail p..:lt the Unioll in thiill behllf m1Y detain any p ICk:all:! brouJ!:ht, whether by land, sea or
IlntOft air. into the U Ilioil of En ml which he $U~Pl=cts to contain any nelVsp.1pen. hooks
lainin, or !Vher documents of the nature d~ribed in section ". iII\1bsection II), and shaU
certain
pablil-atkm forthwith forw,lm copies of any newplpefl, bl0kl or other dOCUlneDls found
..........-
""hfnim- therein to such officer as the President o( the Union m.1Y aPrtJint in this behalf, to
pcM'lcd illlO be \Iisposed of in such m:l.nner :15 the President of the Union may dirett.
thtUlUoll of
Power to 22. Any officer ill chlt~e of a post-offi...:e or authorised by the {Director.
,\d" f'!Cnt'r.11 of PoHts and Tele2r.lphsr in Ihis behalf m.1J dehin any article oUler
I,tk... thall ~ letter or parcel in course of transmission by post which be luspectS to
bo:I.,lnMo conlam-
mltkod by
,.." (I) an~ ~e\\"Sp.llkr. boo~ or other document cOlltainin~ words. ligns or
"Islhlc representatiOns of the nature described in section 4 sub.
~~(~or '
(6) an)' nnaulbori,ed ne\\"l..hcet or unauthorised newspaper,
and ~,b.ll~ dcl~ver ,til St"b artic,lc:o to such.ollioer .u the President or the Union may
a~lIltlL1 thl.1 behalf, to bt= dupoS\:d of In such nMllner as the ~esident of tbe
UUIOlI ~)' due~l.
AflpIiatioa ~J. (I, Toe be~'"C' ~f a printil\R.press who has bet'n ordered to depO$it
toNi,,, aeunt)" unckt SUb-5eClion .(3) of s:cctiOIl 3, or the publhher o( a newspaper who
Court to lid
uid~ ol"lkr bas brtn o~derl:Cl.todC~11 5tCunty under sub'it'-1ion IS) of sedion 7. or uny
or forfeiture. penon h,l'1Uf an mtell.':lt til all)' p~perty ill tespcd of which an order 0( forfeiture
h~ ~en made under secllon ", section 6, section 8, section 10 or section 19 ma,
wl,thm"two months from lhe date of sUl~b order. apply 10 the Hiab Court to set
'bl~e such ~rder, and the H!lIth Court shall decide if the newspaper, book or other
~~~n.t In respecJ. of willch the order wa$ made did or did not contlin anr
~ &.bdllllk1l byl~ t:DiOfl of bllnlll(Mapl:allo>ll 01 Law" Or\kr lMa
~ow"" l)jreclQlol hill, '" Act XXV. 1950. "
words, slltns or visible representations of the nature dncribed in section., sub-
se::tion (1).
(2) The keeper of a printin~.press in respect of whid. anorderorforfeitur'e
ha.s been made under sub-section (I) of section 12 on the ground that it has been
used in conlravent1on of lubsection (1) of tha.t section may :l;pplr to the Hiih
Court to set aside the order on the ~round that the press was not 10 ueed.
2 Every such application shall be heard and determined by a Special Hcarine by
Bench of the High Court composed of three Judees. SpecIal
.....
21. (J) If it appears fo the Special }knch on an application under sub
section U) of section 23 tha.t the \Vords. sians or visible l'Cpt'"nentations con.
taioed lJ:l the ne\\"Splpef. book or other dc'cument in respect of which the order
in question was made were not of the n1.ture described in section 4, sub-section
11), the Spe:ial Bench shall set aside the order.
=
0nIn III
S~.i:ll
rorfrilun
:lIide
.
(Z) If it appean to the SpeciRl Bench on a.n apPlication under sub-section
(2) of section 23 that the printintpress was not used in contravention 0( .ub
IeCtion U) of section 11, it !ilhall set aside the order of forfeiture.
(3) Where there is a diff..:rence of opinion amon~ the Iudltes forminR the
Special Bench, the decision shall be in. :accordance with the opinion of the
m:ajority of those Iu<ll!e!il.
(4) Where there is no sucK majority which concurs in setlinl! aside the order
in question. the order sh:lll st:\nd.
26. On the het1rin~ of an npplicaUon under sub-section (1) of ~tiOD '3 E"dtn~ 10
with reference to :lny newsJXlper, :lny copy of soch newspnpcr mily be Jtiven prOI".., 1I1tllfC
in evidence in aid of the proof of the nature or tendency of the word., sign. or Itnd~nty
01 ne", ...
or visible representatiolls contained in such newsplper. in respect of which papers.
the order WM made.
27. The HiCh Court sh311 fr:ame nlles l to rCKUlate the procedure in theease Pmcedun In
of SbCh appliCl\tion~, the amount of the costs thereof, :and the ezcrotion of Hi", Coarl.
orders passed thereon, :lnd nntil such. ndes :ue fr:uned the practice of such
Court in proceeding. other than $lits :md appeal! sh:all apply, so far as may
be practic.., ble, to such :l.ppliCo"\tions.
SUPI'LF.WI\."TAf..
28. Every notice undcr this Act !ilh..1.11 be sent to a MaW!illrate, who .11:.11 Sen"lte of
Cluse it to he served in the manner provided for the ser,'icc of summonses under MIkel.
the Code of Criminal Procedure:
Provided that, if service in lOCh m.1.nner c.1.nnot"by the exercise of due diligence
be elected. the servina officer shall. where the notice is directed to the keeper of
a press, afliz a copy thereof to lOme COn.<;piCllOD!il P:lrt of the pla~ where the
Pfeil is situate. :ts de!ilCl'ihed in the keeper's dcelaraltoD onder section 4 of the
Press (Registration) Act. and "here the notice i!il direr.ted to the ~hl!sher of a
ncwspa.per. to some conspicuous part of the ~emises where t~e pubhCl\hon. ofsuch
newspaper is conduded, '" I!iven in the pobh..~her!il decbr:\hon uneler !ilCChoo S of
the said Act ; and thereupon. the notice shall be deemed to luve been duly seT"ftd.
2'.E\r~y \\":tlttnt i5sued under this Act sh:tll. ~o rar as it relates to a se:udl, Ccoafuct 0(
be executed in the manner prc.YicJ.ed for the accution of se:m::hwarrantll under snrcbn.
the Code of Criminal Procedure.
31. E"ery declaration of (orfeiture pu~in~ to be made un~ler this A~
.hall, M ~nst all persons, be conclusive eVidence tb:tt the (orfelture thet"C1R
=ictioa .
For 11Id\ rules. IU. High C,.,lIrl Nnlincatit'lll No. l~O (GenU, ,l;tted 12th.March, 1940 u
by N ,ti6e;1I10n No. IS (Genl.). dated 26th April. 1950, lit po 487 01 the filth Coo.Irl ~ulet
IfI'lel'ldcd
and Ordn-" Third E:tltlon.
IS
226
refm-ed to bas taken pmce. and no proceedinll'\tlrrorting. to be lakrn und~r t.his
Act shall be called in Iluestioll by :til)' Courl, ~Xltpl tIle High C"urt (Ill appltcatlcn
under sectiOn 23, aud 110 civil or criminal procrctlil1g, cIrel1t as provided by this
Act, "haJl he iustitnlrd ;lg:tinst ,my persOli (or OIn)'thing dOlle or in I::ood (aith
inlelllled to he done under this Act.
OperaUoa of n. Nothing herein cOl,t..ined shall be dc\:med to pre\'ent any person (rom
other bws being prosrcuted under ;Ill)' other law (or an)' "I;t or omission \dllCh constitutes
oot bam:c1, an olJence aJ.!:tinst this Act.
Db a_ I 32, (l) Whoever pUblildles. circuL'\te." or repeats in public any pasSJgc (rom
.... "
CflIll~.,.b 0(
r-C'lCrib.:d.
a newspaper, book or other docnmellt, copies whereof ha\'e been declared to be
forfeited to {the St:l.ltf under all}' law for the time beinj:t in (orc;r, shan be
""""""'t. puuished with imprisolilnl:nt for a term which mal' e.~tend to six mouths. or \\itb
hne or with bnth,
(Z) No Ct'lurt shall take coitlilance of an offence punishable under this 5Cdion
unlets the Prcsic1rnt of the Union has rerlified that the p:lS...:Ite puhlished,
circulated or repealed e(lnlnins, in the opinion of the ~sident of the Union,
seditiom:: or other mntler of the nature rt(erred 10 in llllh-BeClion (1) of section 99A
of the Code of Crimin;!1 Procedure, or sub-section (l) cf section 4 of the Press
(Emeraenc)' Powers) Aet,
or any pa!'t of the property of, the inhabitants of any villa~e-tract, or nuy destroy
by hurninJ! or by allY other means ally village or allY part tiJereof, if aHer enquiry
he linrls that allY substantial number of the inhabitant~ of such villa~etract or
viUaJ{c have-
(a) taken part in or cOllsj.lirec1 to Cl'cate a disturbance of the public
tranquillity or attempted to Cl"C:lte or abetted lhe creation of such
disturbance or collected men, arms or ammunition or otherwise
prepared to create a disturbance of the public tranquillity:
(b) taken part ill or "belled the commission of or conspired to commit
robbel"}' or c1acoity with arms.
(2) The Deputy Commissioner or such officer, as the case may bc, may
orner the whole or any part of the fine imprsed limIer sub-!':ection (1) to be gi\'en
as compensation 10 ;'lllY person to whom damage: 01" injury has betn caused directlY
or indirectly by the aet 01' aels in I'espect of which the line i!': imposed,
S, (1) Any police omeer not below the rank of a sub-inspector or an)'
other officer of Government-empowered in this behalf, by ~enernl or !':pecial order
by the Ploesident of the Union, lIlay [is!':ue an order of arrest or] I arrest without
wanant allY person whom he ., ... ... 'l'Ilspccls of having acted, of acting,
or of being about to act,-
(a) in any manner calculatcd to dislurb, or to assist a disturb:lllce of the
public; tl'nllC]lIi11ity ;
(6) in a manner prejudici:ll-
(i) to the "a[ety of ,my place 01' t1I'Ctl or of :IIlY indust!'r, machinery or
hllildin~ ill any "llcll place 01' nrea ;
(ii) to the Olltput or effectivccontrol of any "nch industry 01' machillet1',
(2) Any oOlce\" who makes an nrrest in Pt1l'Sll1nce of !ll1b-seelion (1) shall
forthwith report the fact of snch arrel'Ot to the President of the Union, and penditlJ,X
the\'cceipt of the orders of the P:'esident of the Union he mar, h)' an order ill
Wl'itill~, commit all)' person so arrested 10 such custody a!l. the President cr the
Union may hy ~ellcr;l.1 or spechl orc1er sprdfy ;
Provided-
(i) that no person shall he detained in custody ullder this sub.section
for a pcdod ex..::eeclinR fifteen clar~ without the order of the
President of the Union;
(in that no person shall be detained ill custody under this sub-:;eclion
for a pel'iod exceeding Iwo months.
(3) If any persOIl arrested undel' claus.: (bl of suh-section (1) is prepared to
furnish security, the ollief'\' who ha,; arrested him may, insteO"ld of committing him
to ellstodr, relea$.e him on his executinJ! " bond with or without sllreties under-
takill~ that he will not, pending the recei pt of the ordel's of the President of (he
Union, enter, reside or remain in the "I'eas in respect of which he became liable
to arrest.
(4) 011 receipt of any report made uncleI' the pl"Ovision$. of sub-seclion (2)
the Cresidellt of the Union may, in addition to makinlt such Ol'(I ers snbjtct to the
st;Cond proviso to ,>ub-section (2) as may appe-ar to be necessary for the temporary
clIstody of any perSOn arrested nndc this "ecliell, makt" in exerci~e of any powers-
conferred upon the President of the Union by any law for the time being in for..::e,
such final order as to his detelltion, relc:\se, residence or an)' other matter con-
cerning him as mal appear to the President of the Union in the circumstances of
the case to he reasonahle or necessary.
I luserttd by ,\d XXX\'I, 194r,.
'TIle wnrd" reasol\:lbtyo, W.\'I deleted by Ad LXII, 1948.
Public Order (Preurf1llllioll). 229
(5) When se..:urity has been triken ill purwance of the provisions of sub-
section 131, the bond shall be decmcd 10 be a bond taken umlcr the Code lJy the
District Ma/<list,'atc having jurisdiction ill thc area ill respcct of which the said
security has been taken and the provisions of sl::ction 514 of the laid Code :lihall
apply accordingly,
I SA, (J) 1 the President oC the Union is sati!lficd with I'espect to any par-
ticular person that with a vicw to PI'c\'cnlil'/<l him from acting in an}' manner
prejudicial to the puhlic s.,fcty and the mailltcnan~ or pllblic order lor from
committin~ an)' prejudicial act]1 it is necess.,ry so to do, the Pre:liident of lhe
Union may make an order-
(G) directing such person to remove himself from the Union of Burma in
swh manner, by :liuch time and by liuch route as may be specified in
the order, and prohibiting his return to the Union of Bumta ;
(b) directing that he be detained: '
{c) directing tha.t, except in SO Car as he may be permilted by the provi-
sions of the order, or by such :ulthority or person as may be
specified therein, he shall not be in any such nrea or place in the
'Union of Burma as may be specilied ill the order;
(II) requiring him to reside or remain in sl:ch place or witbin such area
in the Union of Burma as may be specified ill the order, and if he
is not alreadv there to proceed to that place or area within such
time as mar"be specified ill the order i
(til requiring him to notify his movements in such ma.n.ner. ~l slich times
and to such authority or persons as may be specilied in the order;
<f) imposin~ upon him such restrictiOns as nlay be specified in the order
in respect of.hi, emplorment or business, in respect of hi, associa-
tion or communk.. . tion with other persons, in respect of his control
over minor children of whom he is parent or guardian, and in
respt of his a..:tivilies in relation to the dissemination of news or
propagation of opinions;
(g) prohibiting or restricfin~ the possession or usc: by him of any such
article or articles as may be specified in the order i
(/I) otherwise regulalin~ his COnduct in any such particular as may be
llpecified in the order:
Provided that no order under clau'>C (a) of this sub-section shall be made
in resjjCct of any [citizen of the Union]',
(2) An order made uneler sub-section (1) may require tbe penon in rcspect
of wbom it is nllde to enter into a bond, wilh or without sureties, for the due
pcl"Cormance of, or as an alternative to the enforcement of, such restrictions
or condiliom. made in the order as may be spccifi~d in the order,
(3) If any person is in any are., or place in contra\entioll of an order
ma.de under the provisions of this section or fails LO leave any are.'\ or place: in
accordance with tbe requirements of such an order, then, without prejudice to
the provisions of sub-section (5', he may be removed from such area or place by
any police officer or by any person actinJt on behalf of Go\ernment.
(4) So 10nJt as there is in force in respect of any person sucb an order as
aforesaid directin~ that he be detained. he shall be liable to be detaired in such
place, and under sm::h conditions as to mailltenance. discipline and the punishment
~f officers and breachec; of discipline, a, the President of the Union may from
time to time lietel'mine,
I 58, ~I) The President of the Union may, by order, (!ired that any
penoll in r.:.)pect of whom an order hilS beo.:l1 lIlade undcr the provisions of
section SA, sllall-
Ca) allow himself 10 be photographed;
(bl allow his linJ:er and thumh impressions to he taken:
Cd furnish spec:imcns Qr his II1ll(h\fitillg ;'tnd si.::nah1re i and
1,1) allcnd at such time and place before such authority or perSOn as may
be $peciried in the order for all or any of the purposes roelltioneo
in Ihis se.;tion,
(2) If any person contr:l"Vencs any order made uncler this seclion, he
shall be punishahle with imprisonment for a term whil,lh maV o.:xtend to six months,
or with fine, or with 1'10111.
6. (1) The Prtsidenl of the Unioll may, hy ordel', direct that, suhject 10
allY speciliecl exemption, no person presl:ut wilhin any 'lpt'l'itied "l'cn shall. behn.:n
sneh hours ns III ly bc $pel>ilicd, be Ollt of doors excel". uuder the nuthority of a
written permit ~ran(ecl by 1 speeilied authority or person.
(2) If :Inr pel'son contravenes all)' order made under this section, he shall
be punishahle with imprisonment for a tel'm which Illay extencllo onc year, or
'with lille, OL' with both,
UI NIJ COUl'l sh.l.lI take cO~lIi.l,lllCe of an alle~e~1 offence under this section
except on I report ill \Vritin~ of the facts conslilutinJ: such offence made by a
public servant.
'61\, (1) The Presipcnl oi the Union lRW, by t:eneral or special order,
prohihit or rC$trict ill allY art':l ;lIlY $u~:h exerd~e, movement, {,"olution or drill of
a military nature:n nl1Y ~ specified in the (lrder,
(2) If any per'S,)n centra"enes any order made nnder this sedion, he shall
he IIl'li"llllhle with imprisonment for;\ lerm which may extend to live yeus, or
with line, or ,dth hoth,
(Q) require the owner or occupier of any land, b:lildillg, pari of a buildiug,
or olher premises to furnish to such "nthorily as Ill"'y he spec;lied
in the order such information in his possessioll rdating to the land,
bl11ldillJ,!, part of a building, or other premises, or to allY fixtures,
filtinp:s. furniture or other things therein, or to any water-supply
SYSklll connected or pertaining theretCt, ;IS may b~ w specilied i
(b) dired that such owner or occupier shall not, withCL:t the permis~ion
of the President of Ihe Ullioll, disrose of such land, LUllding. or
other premises, or of any fixtures, filtinJts, fornilme, or other
thillJtS therein, 01' of any water-loupply srdem connected or
pertaining ther~to, till the expiry of such period as maYbespecilied
in the order,
(4) If ,lny Person contra\'enes any order made in pursuance of this sedion,
he shall he punishahle with imprisonment for a term which may extend to three
.... :O\rs. or with lIne, or with bOlh.
3, (I) The President of the, Union may hy order in \\'ritilJ~ require the
owner. or the person ha\-ing the m;1HO\gement, of an~' warehouse or cold $torage
depot \0 phce at the disposal of GO\'ei-nment the whole or any part of the srace
or accommodation available in such wa:'ehoHse 01' cold stora.,;e (~t'pot and to
employ such ~P1CC or accommodation fnr the storaJ,!e of any arLic1es Gr things
spccifi:d in the order; O\ncl sueh an order ma~' require the said owner or person to
afford such bcilities, and maintain such services. in resped 01 the slm-age of such
articles or lhinl!S, as may be spccilied.
121 \Vhenen-r ill pllrsuance of an order made under sub-section (1) all)'
space or ;\ccOmmod.ltion in a warehouse or l'old stor.IJ..:t' d('p6~ is placed at the
disposal'of the Gcw<,rnment the ownlT of :,tldl wart'house Ctr cold slor;lge depOt
shall be pO\id Ihf'refor at su..:h rates as the President of the Union may by order
made ill Ihis hehalf determiue.
"", (1) The Govemment may cause any reasonable repair to be made to any
buildinj.( which is reqUlsitior,ed under this Act and deduct the expenses of the
repair from lhe rt'nl, or otherwise rt:co\'er it frobl the Icssor.
(2) The provisions of sub-section UI shall :lppl)' to thc fl.-quisitions of the
buildillg~ made or purrorled to have been made under Rule 76 of the Defelice of
Burma Rules before tht: wmmellcement of this Act, ~ If the said requisitions had
been validly made under lhe provisions of thili Act.
I.fA. The Prc5idt:nt of the Union may, by oreler, direct that any power
which is conferred upon him by section 2, section 3 and sectioll 4 shall,lauhjecl
to such conditions as may be specified the-rdn, he:: exe::rcised by lucb officer or
autbority al he may specify.
$. Notwithstauding anything cOllhined in any other hw. all requisitions
of properly or thing,; made or purported to h:....e \.Iee::n made under Rule 76 and
Rule 79 of the Dcftllce of Burnll l~l1lt:s hef01'e the commencement o( this Ad
shall be rl.,;emed to have betn made under the provisiolls oJ this Acl, ~s
if this Act were in force at the time the requisitions werc made; aud nO !SUCh
requisitions shall be deemed to \)e invalid by reason only that they were made:: in
contravention of the provisions of the provisos to the sait! Hule 76 W.
6. 1(l) Where an)' property or thinl: is requisitioned, or is dl.'emed to have
been requ:sitioned, under the provisions of this Act, the owner 01 such property ur
thing shall be paid such compellution for any loss he may have suslait,C'd as "
reillit 01 such n .'C'juisitioning as may be fixed in accordance with the provisions of
t~is sl'etion.
(2, In default of agreement between the Government and the Owner of
the properly, the President of the:: Union shall, by general or SpeciOlI order, specify
the authority or per.ion throu~h which or whom any claim for compensation under
sub-section (1) Shlll be submitted and the aulhority or person by which or whom
any such claim sball be adjudJ!;cd or ;lw:lrded,
(3) The President of the Union may further, by j.!cncral or special oreler,
prescribe the conditions to which the authority or persoll re~pon$ible (or lldjudgj,nf.:
or awarding daims for compcn5..'\tion ~hall have rCj.!ard when delerlllining the
amount of cOmpell&.ltion payable, and may gi\'"e such ,upI>lementary orden as to the
assessment and paymenl of compensation as may appe.u to him to be nccessi'r)' or
expedient.
I (4) No compens,'1tion shall be payahle under lhe provisions of this section
unless thc owner of the properly or thing, requisitioned or deemed to have been
nequisitioned undt:r the provisions of this Act, submits hisclaim for such compensa-
tion within ninet)' days from the dale on which the said property or thing was
de-requisitioned.
1 6A. (11 Where any requisitioned bnd, buildinJ{, part of a huildinK or other
premises is to be released from I'cqubHiol1, tht: Prt~idtllt of the Union may, after
nlakinR: such inquiry, if any.:'Is he con~iclers neces~al')'. specify b)' ordl'r in writing
the person. to whom JlOssession of the said land, buihlillg. part of a huilding or
other preml~S shall hr Riven,
~ Insert,ed by Act LV,194'.
. Sub'tIt ted ilJi I
I Inserted by A~t' LXXI\' 1951
Inaerted by Act LXX\':1951:
%34
(2) The delivery or po~ession ollhe requilSitiolled land, bvildinll. p.ut of
a k-uilding, or other premises to ttl: person spa:ified in all order made under 51.>b
seelion (Ii sh311 be a (ull discharge of the Prcsitlellt of the Union from all liahility
in respect of such deliv~rYt but shiln not prejadice any ri$!ht.s if) res~t of the
laid land. bui1din~t p"trt of a buildiniZ or other premise3 which any. other pt:rson
may be entitlee! by clue pro\"ess of Jaw to enforce nllainst the person to whom
possession of the said lanrl. huildiull. part of a buildinll or other premises is 10
delivered.
(3) Where the person to whom possession of :U1Y requisitioned land, build-
inlo:. put of a building or other premises is to be i:ivcn catlnot be found and h;ts no
,,~nl or other perSOll empowered to accept deli.very on his beh:tJf, the President
of the Union shall caust: a notice, dedarin/.! that the s.,id Janel, buildj n~, part of a
buildill~ Oi' other I'remise, is rt:leascd from requisition. to be affixed on some
conspicuous port of the said l:lOtI. buildinit. part of the building or othr premises
and publish the 1I0tice in the Gazett~.
(4) When notice referred to in sub-section U) is published in the G:uette.
the- land. buildin~. pMt of a building or other premises specified in such 1I0uce
shalt cease to be subject to requisition on ,mel from the date of Stich publication
:'lnd be deemed to have been delivered to the per30n entitlt:d to posscssiC'n
thereof; and the President nl tbe Union shall not be liable for nny compensation
or other claim in respect of the said land. buildint:. p,ut of a building or other
premises (or allY period after the 5aid d.,le.
7, The provision' of this Act sh'lll be deemed to supersede the provisions
of ;,U other bws in so far as the 13ttel' 3re inconsistent with or rep uitnantto the
provisions of this Act.
4, If it appears to the Pl'esi lent of the Union that for m:loinhinin2 supplies
:md srl'vices eSl'cnti:lI 10 the life of the community, it is neC'css:'Iry co exercise
control ovr.r the whole or :'Inv put of :1Il existing nn..ll"r1:tkin'!, the- PrcsiJcllt of Ihe
Union ll1:ty by Ol'llcl' a,lthoril~ ;u,y p':f.,OIl (1l':lcill,lIkr rt:~..::rl'd to as au
t, anthorize<1 ~ontl'oller "/ to exercise, wilh rel1;ped 10 the undertaking or all)' P:\I't
thereof specilied ill the order, snch fnncti, us of l','nlro' :ts Illar he PI'tl\jlec1 h}' the
order, :md l'O long as an order m:dc uuder this sectic'n il' ill fon:e with l'\lspcd 10
any lIlltll!,'taking or pal" of an t1mledakin"-
(J) lhe authorized cont:-oller sh:tll exel-";isc his hl1ldions in aCl.'onlance
with any in'ltn1l.'tiolls giv..:n to him hy the Presillcnt of the Union,
so, ho\\'tver. that he shall not h:l\'e power to give an}' direclions
inconsistent with the provisions of ;IIlY Act 01' other illstruUlt'nt
delc\'mining the lunctions of the unrlertakers exccpt in so far as may
be ~~C;fiC;II1~' provided hy the orclel' : .11)(\
iZl the undert:tL:in~ 01' the p:t.1'I l'1l<.. n be c;lnied all in aCI.ordallce wilh
any diredians giwl1 hy the :mthorh:ed cOnll'Ol1er in accor(I;lllce
with the provisions of the order, and any per!\{J1l havin~ :.oy
functions of mana~enlenl in rclation to the llllderl:lkill~ (II" prlrt
!\hall comply with any such directions,
5, (1) If in the opinion of th~ Pl'e;ident of tile Union it is eXl'ec1ient so to
do for securing the puh!i.: !\''\feIY, the mlinten:lIlce of public order, or ior
maint"inin~ supplies and ser"'ices eS'lpnti,,1 to the life of the commnnity. the
PI'Csident {'If the Union Ill:l}' by ordcr in \\'rilin5! \e<.\u;sition any anim"I, prOdllCt,
or thing, :tOll 1'1'I:W mak~ ~tI\'h fnrlhl.'l' orders as ;lppe..r to the President of the
Union 10 h;> e,.. p~diell~ ill conncc~i:'I1l with the l'eqllisitionin~,
W h:l.S been committce. 5h;111 be JiaMe to conllscation by order of the Coart tr)'11I1t
the offence, .
The r~eel)t;'ldC!l, pack:tges ;lnd L"O"e:rinll of !lOCh thinlltSt and the ftuel,
vehicle or means 01 lran!lport u'lei 1,r the con'Vey.l.nee then"Of shall al~ he liable
to colllisc\tion unless the owner pro\'eS tfUlt he had no m!lnll 10 helieve lhat such
all offe11ce was lxoinlot or was likely to be committed.
(3) If any peJ"l(on contrnven~ 3ny or.ler """tie under section 6 01 this Act.
he shall he pllni~h;lble with i,llljX'isonmenl for a term which may extend to sUr:
months, 0'" wjll, line which 1111)' extelld 10 two hundred rur.e! or wilh hath.
16
747 Public Proj1erly Projection.
(2) In any prosecution under !Iub-seclion (J) the but"den of proving th1t the
posse~$ion is authorized shall lie on the person in whose posse$'iion any such
Public prnpcrty is found.
7. (ll AllY police officer not below the rank of a sllb.inspecto~ or any
other oAker of Govet'nlnenl empowered in this 1'oehalf by general or specIal order
by the President of the Union may, with the j,Jril)r approval of such aulho\;ly as
may be prescdbed by the President of the Union, arrest without warrant any
perjOn whom he su...pccl:i o[ h:lvin~ cmnmitted or of committin~ any of t1~e
offel1":c:> mcnti~~n:.1 ill sub-section {I) of section 6 in respect of any' Pubhc
properly.
'(2) Any effie.:r authori1.ed in this b::h:llf hy ~ener.1I or special oreler by the
President of t!lC Union may :ll-rt:st without warrant any person whom he suspects
of haviAA \:ommiUed or of commitlillj! any prejudicial act ;
'IZA) Any officer authorized in this ~half by general or special order hy the
President of the Unioll, may, if he is Sltisfied \\ilh respect to any particular person
that circumstances exist which render it necessary to arrest him with a view to
prev('ntill~ him from committing any offence mentioned in section 6 (lJ or an
C'ffcllc~ of criminal breach ot tl'USt in respect of any Public property. or any
pl-ejudicial act, tlo so without warrant:
(3) Any oOker who makes an arrest in pursuance of ,ub-section (1)
or sub~ction (Z) [or sub section (ZAI or who m~kes an arrest for an offence
of criminal hrf':\ch of h-mt in respect of any Public properly)1 shall forth-
with l"eport the (act of sl1t;h arrest to the President of the Uuion, and pendiuJ!
the re\:eipt of the ol'ders of the President of the Union. he may. by an order in
wnlin~. commit any pt:TSOll so arrested to such custody as the President of lhe
Union m:\~', by general or special order, specify:
Provided-
(i) that no pel'SOIl shAI: be det:\ined in cnstody under this sub-section for
:\ Pt~riod exceedinFl: fifteen days without the order of the
President of the Union i
(ji) that no person shall he detained in custody under this sub-sectiC"n for
a period excee(lin~ six months.
(4) If any person arrested under subsection fI) or subsection (2) is
prepared to furnish secm'ity, the offio.;tr who has arrested him may, subject to such
gener.II or special instructions as may from time to time be iS~lled by the President
of the Union or any perSOIl authorize. I hy the Prc,id.:nt of the Union in Ihis
behalf, rel~ak him 011 his elC~l\tinl.! :1 b JIll!. will_ 1I1' Wllhollt sureties, underlakinj.!
that he will \:Cllfonll to ,"ucll condiliom. or directions as the President of the
Union may from time to time makoe.
1(5) Oll r~ct::pt of all~' report ma.lc: uncleI' subs~clion (3). the PI'esident of
the Union may, b)' order, direct. suhject to the second proviso to subsection (3).
that a ~rson arrested under this s~ctioll be det:tined for sucb period as be may
deem Ilt."l"csgry for the purpose of maJ..;n~ an in\"esti~ation,
(6- \\'hen ~curity has been taken in pnrsuance of the provisions of sub
section (4), the b)lId sh;IU be .deemed 10 be a l-ond taken under the Code of
Criminal Procel!lUe by the District Magistrate ha.ving jurisdictioll in the a~a in
resped of which the said security has hten taken and the provisions of section
SH of the COOt of Criminal Procedure shall apply accorC:in2Iy.
I(n The order of rtettntion 1lll,Ier Hll1section ($l shall not be deemed to
-
authorize the con:inl1t;d detention of the person in respect of whom it had bf'en
I S'lbitituted hy Ad X\II. 19~1 and
I JD~t'rtt'd by Ad XLIII, 1951.
SllbStil~It'~ 'bid,
~llb$t'~llt'nUy by :\ct ;-':'Lln, 1951.
. .
Public Proterly Pro/cctitrA, 243
made after he h sent lip for trial before any competent Court; hut the Court
hefore which the trial or enquiry is held, shallllot release llic accused on bail
unle~s ~t is established that thc accusee', if released on bail. is not likdy to suborn
any WltlltSS 01' e;\IIn~ lhl' tliS;ll-peamllCl' of any evidence or secret or destroy any
dOCllmellt whkh may he used as cvh~ence OIg:linst him,
8, (1) Nutwilh~taudil'A ilnrthillJ.( eeJlllailled in any olher law lor the time
bt.ing in forcc, where any person is al'rested or ddained under section 7, the
InspeL:lorGt'neral of Police. or the (;ollunis::tioner of Police, Rangoon. or an)-'
other (JAkcl' (f Ih~ GnWrnll1ellt empowered by the President of the Union in this
behalf" mar, it' he lllillks lit so 10 c!o,-
{d) inspect 01' l~at1Se. in \ITitinJ.(, to he inspecte<.l, by an officer not below
the r-,ok of District Superintendent of Police wholie name is
specified therein, allY book 1Jelonf{illJ.( to, or under the conh'ol of. a
bank; or
(b) direct the manager Ot' n~ent of the hank to supply a certified copy of
nny entry in the book of the bank or ~ive nny infMmalion in the
posse~sion of the bank. relntinu 10 the nccount of stich person [or
to anr olht:r person dependent (II him, or relating to nny property
kept in the snfe cll~toclr of the r;Jnk in the name of such pertol1
or of "111y other person dependent lin llim) l ; or
(d prohibit the manager 01' n5i(ent of the bank from m:lkin~ nny payment
from the nm( unl It:l.nding to the credit of such perscn [or of tiny
other person dependent on him or flom deliveriuu ,my J'!roperty
kept ill the safe custody of the hank in the name of such pel'son or
any other peI'lOIl dependent on him,]l \dthout all order ill writinJ.(
of the officer mnkinR the prohibition.
(11 The expressions "bank" nnd'" cel'tilied copy" sbflll have the saine
meaLJin/.!:s all are assilXnecl to them tinder the Bankers' Books Evidence Act.
(3) If the manaJ.(er or a~ent of a bank, as the case may bej fails or refuses
to allow inspectir," of.all" h')ok uelnnJ.(in!-! to. or under the control ot', the bank, or
to comply with :lIlV direc"tioll or prohibition issued, uncleI' lillbsecllon (J), he shall
be liable to pUllishment with imprisonment of a term which may extel1d to three
years, 01' with line. or with both,
t I, The State Property Protection Act. 1947. Burma Act No, XLIII of
19-17, is herepr l'epealed ; hut notwithstanclins,: such repeal:lnything purported to
be done or nlly nction purported to hr takeu in exercbe nl nny power conferred
by or under the sairl Ad shall be deemed lo have het'n dOl1e or taken in exercise
of the powers under this Act,
"
I lDserted by Act XVII, 19$1,
244
mE SEARCH (SPECIAL POWER) Aer.
(,,)
248
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