| THE
UNION MILITARY POLICE ACT.
[BURMA ACT II, 1948.]
(2nd January, 1948.)
It is hereby enacted as follows : -
PART I.
1. This Act may be called the Union Military
Police Act.
2. It shall come into force on such date
as the President of the Union may, by notification, direct.
3. This Act applies to the Union Military
Police Force and persons attached to, employed with or following,
the Force, wherever they may be.
SUPERINTENDENCE AND COMMAND.
4. The superintendence and general administration
of the Force shall be exercised subject to the control of
the President of the Union by the Inspector¬ General of
Police.
5. The President of the Union may appoint
so many officers as he may deem fit, to assist the Inspector-General
in the superintendence and administration of the Force. Such
officers shall be subordinate to and under the control of
the Inspector-General, and shall exercise and discharge such
duties, powers and functions as the President of the Union
by order, vest in or impose upon them.
6. Except as respects magisterial powers,
orders passed by any as authority under this Act shall be
subject to revision by such other authority as the President
of the Union may by rule or order prescribe.
7. The President of the Union may invest
any officers of the Force with any or all of the powers of
the Police and may define the circumstances in which such
powers may be exercised. As respects the exercise of such
powers every officer shall have the privileges and protection
afforded by law to police officer.
MEMBERS OF THE FORCE.
8. The term “ Member of the Force”
shall mean any person who is enrolled under this Act and is
a rifleman or a public follower or a Non-Commissioned Officer
of the rank of Lance-Corporal, Corporal or Sergeant or of
the rank of Warrant Officer I or Warrant Officer II.
ENROLMENT.
9. Any person who is qualified for enrolment
in the Force in accordance with such conditions as the President
of the Union may prescribe may apply to Commandant, or any
other enrolling officer appointed for this purpose by the
Inspector-General, to be enrolled as a member of the Force
subject to provisions of this Act.
10. The enrolment paper shall be in a form
prescribed by the President the Union setting forth -
(a) questions (to which the answers of
the applicant shall be recorded) ascertaining the qualifications
of the applicant, and
(b) a statement (to be read and explained
to the applicant and signed by him) that, on enrolment,
the applicant will become a member of the Force and will
be subject to the provisions of this Act, that he will be,
liable for service in the Union of Burma and adjacent countries,
and that he will not be entitled to obtain his discharge
from the Force for three years, or if on active service,
or if the members of the Force are for the time being less
than nine-tenths of the sanctioned strength.
11. (1) The applicant for enrolment shall
present himself to the enrolling officer.
(2) The enrolling officer (after warning
the applicant of the punishment provided by this Act for the
offence of giving false answers on enrolment) shall put to
the applicant each question on the enrolment paper and record
on the paper the answer to each question and (if satisfied
that the applicant is qualified for enrolment) shall read
and explain (or cause to be read and explained) to the applicant
the statement on the enrolment paper.
(3) The enrolling officer shall take the
signature of the applicant on the enrolment paper as assenting
thereto, and shall authenticate the entries in the prescribed
manner; and shall inform the applicant that he has become
a member of the Force.
12. Notwithstanding the foregoing provisions,
every person who has for the space of six months been in receipt
of Union Military Police pay and been borne on the rolls of
any Union Military Police battalion, shall be deemed to have
been duly enrolled in the Union Military Police as from the
date on which his name was first borne on the rolls.
13. A member of the Force shall not be entitled
to obtain his discharge for three years from the date of enrolment
and in the case of Specialist personnel five years from the
date of enrolment.
14. (1) At any time after the expiration
of his period of service, any member of the Force who is not
on active service shall, on application in routine manner,
be entitled, after the expiration of two months from the date
of application, to be discharged by the Commandant of his
unit unless the members of the unit have fallen below nine-tenths
of the sanctioned strength.
(2) Any member of the Force who is not on
active service may be discharged at any time by the Inspector-General.
14A. No member of the Force or person attached
to or employed with the Force shall, during a period of war,
be entitled to claim his discharge.
GENERAL PROVISION.
15. No member of the Force may accept or
hold any employment or office other than under this Act except
with the written permission of the Inspector-General.
16. The Inspector-General of Police shall
make rules (subject to the approval of the President of the
Union) for the subdivision into grades of any of the ranks
mentioned in section 8 and for the promotion and appointment
to any of such ranks.
17. (1) Orders and rules may be issued and
made by the Inspector-General of Police (subject to the approval
of the President of the Union) relating to-
the places at which members of the Force
shall reside, and the particular services to be performed
by them, the description of arms, accoutrements and other
necessaries to be furnished to them, and their inspection,
the collection and communication of information
by members of the Force, and
the efficiency of the Force and preventing neglect of duty
or abuse of powers.
(2) Orders and rules may be issued and made
by the President of the Union relating to -
the pay, allowances, pension, leave and-
other conditions of service of the personnel of the Force,
the organization, classification and distribution
of the Force,
the employment of the Force on military service,
and
the operation of military law in the case
of personnel of the Force serving with any military force.
ESTATES OF DECEASED.
18. The provisions of the Disposal of Police
Officers’ Estates Act shall apply to the estates of
persons serving in the Force.
POLICE POWERS.
19. (1) Every member of the Force (except
public followers) shall have the powers of a police officer
appointed under section 8 of the Police Act, 1945, and shall,
in the exercise of such powers, have the privileges and protection
afforded by law to police officers.
(2) Orders and rules relating to the exercise
of police-powers by members the Force may be issued and made
by the Inspector-General, subject to the approval of the President
of the Union.
COLLECTIVE FINES.
20. Whenever any weapon or part of a weapon
farming part of the equipment of a company, garrison of a
post, or other unit is lost or stolen, the Inspector General
may, on the report of a Court of Enquiry, impose a collective
fine on the members of the Force composing such unit or upon
such of them as, in his judgment, should be held responsible
for such loss or theft.
PART II.
UNION MILITARY POLICE DISCIPLINE.
21. This part applies (where appropriate)
to every member of the Force and every person, who, on active
service, in camp, on the march or at any post specified by
the President of the Union in this behalf, is employed with
or following any portion of the Force.
22. (a) “Active service”, as
applied to a person subject to this Act, means the time during
which such person is attached to, or forms part of, a force
which is engaged in operations against any enemy, or is engaged
in military operations in, or is on the line of march to,
a country or place wholly or partly occupied by an enemy,
or is in military occupation of any foreign country; it also
includes service at an outpost other than an outpost in permanent
occupation;
(b) “enemy” includes all armed
mutineers, armed rebels, armed rioters, pirates and any person
in arms against whom it is the duty of a person subject to
this Act to act ;
(c) the expressions “assault”,
“criminal force”, “fraudulently”,
“reason to believe” and “voluntarily causing
hurt” have the meanings assigned to them, respectively,
in the Penal Code;
(d) “superior officer” as respects
any member of the Force includes any person of higher rank
in the Police, and as respects any member of the Force other
than a rifleman includes any member of the Force of longer
service or higher grade in the same rank.
23. (1) A Commandant, or an officer of the
Force commanding a separate detachment or an outpost or in
temporary command at the headquarters of a district or battalion
during the absence of the aforesaid officers may, without
an order from a Magistrate and without a warrant, cause to
be arrested any person subject to this Act who has been concerned
in any offence under this Act or against whom reasonable complaint
has been made or credible information has been received or
reasonable suspicion exists of having been so concerned, and
¬may cause the person so arrested to be confined in the
quarter-guard or such other place as he may consider suitable.
(2) For the purpose of the detention of the
person arrested and investigation of a case punishable on
conviction under this Act the member of the Force for the
time being in immediate charge of the place or station where
the person arrested is detained in Force custody shall, except
in cases speedily disposed of under section 43 or 44, be deemed
to be an officer in charge of a police-station acting under
the Code of Criminal Procedure and shall be bound by the provisions
of sections 61, 62 and 167 of that Code.
(3) Notwithstanding anything Contained in
the Code of Criminal Procedure, no officer or Court shall
be bound to release on bail any person arrested and confined
under the powers conferred by this section.
24. (1) The Inspector-General, Commandants
and officers officiating in such appointments shall have the
powers of a Magistrate of the first class and may try any
offences under this Act; provided that the President of the
Union may impose limits upon the exercise of such powers.
(2) The President of the Union may invest
any officers of the Force with like powers.
(3) Where an offence under this Act is committed
at any place outside the Union of Burma and cannot adequately
be dealt with at that place the offender shall, on return
to the Union of Burma, be dealt with by the appropriate court
in the Union of Burma having local jurisdiction at the place
to which he returns.
OFFENCES PUNISHABLE ON TRIAL AND CONVICTION.
25. Any person subject to this Act who commits
any of the following offences, that is to say,—
(a) shamefully abandons or delivers up any garrison, fortress,
post or guard committed to his charge, or which it is his
duty to defend ; or
(b) in presence of an enemy, shamefully casts
away his arms or ammunition, or intentionally uses words or
any other means to induce any person subject to Military or
Union Military Police law to abstain from acting against the
enemy, or to discourage such person from acting against the
enemy, or misbehaves in such a manner as to show cowardice
; or
(c) directly or indirectly holds correspondence
with, or communicates intelligence to, the enemy, or any person
in arms against the State, or who, coming to the knowledge
of any such correspondence or communication, omits to
disclose it immediately to his commanding or other superior
officer; or
(d) treacherously makes known the watch-word
to any person not entitled to receive it; or
(e) directly or indirectly assists or relieves
with money, victuals or ammunition, or knowingly harbors
or protects any enemy or person in arms against the State;
or
(f) in time of war or during any military
operation, intentionally occasions a false alarm in action,
camp, garrison or quarters, or spreads reports calculated
to create alarm or despondency ; or
(g) being a sentry in time of war or alarm,
or over any prisoner, treasure, magazine or dockyard, sleeps
upon his post, or quits it without being regularly relieved
or without leave; or
(h) in time of action, leaves his commanding
officer or his post or party to go in search of plunder; or
(i) in time of war, quits his guard, piquet,
party or patrol, without being regularly relieved or without
leave; or
(j) in time of war or during any military
operation, uses criminal force to, or commits an assault on,
any person bringing provisions or other necessaries to the
camp or quarters of any part of the forces, or forces a safe,
or guard, or breaks into any house or any other place for
plunder, or plunders, injures or destroys any field, garden
or other property of any kind;
shall, on conviction, be liable to suffer
transportation which may extend to life, or such less punishment
as is provided in this Act.
26. Any person subject to this Act who commits
any of the following offences, that is to say,—
(a) strikes, or forces or attempts to force,
any sentry ; or
(b) in time of peace, intentionally occasions
a false alarm in camp, garrison or cantonment; or
(c) being a sentry, or on guard, plunders
or willfully destroys or injures any property placed under
charge of his guard; or
(d) being a sentry, in time of peace, sleeps
upon his post, or quits it without being regularly relieved
or without leave;
shall, on conviction, be punished with
imprisonment, which may extend to two years, or with such
less punishment as is provided in this Act.
27. Any person subject to this Act who commits
any of the following offences, that is to say, —
(a) begins, excites, causes or joins in
any mutiny; or
(b) being present at any mutiny, does not
use his utmost endeavor suppress the same ;
(c) knowing or having reason to believe
in the existence of any mutiny, or of any intention to mutiny,
or of any conspiracy against the State, does not, without
delay, give information thereof to his commanding or other
superior officer; or
(d) uses or attempts to use criminal force
to, or commits an assault on, superior officer, whether
on or off duty, knowing or having reason believe him to
be such.; or
(e) disobeys the lawful command of his
superior officer;
shall, on conviction, be punished with
transportation, which may extend to life, or with such less
punishment as is provided in this Act.
28. Any person subject to this Act who commits
any of the following offences, that is to say, —
(a) is grossly insubordinate or insolent
t0 his superior officer in the execution of his office,
or
(b) refuses to superintend or assist in
the making of any field-work or other, military work of
any description ordered to be made either in quarters or
in the field,
shall, on conviction, be liable to suffer
imprisonment, which may extend to two years, or such less
punishment as is provided in this Act.
29. Any person subject to this Act who deserts
or attempts to desert the service shall, on conviction, be
liable to suffer imprisonment or such less punishment as is
provided in this Act.
30. Any person subject to this Act who commits
any of the following offences, that is to say, —
(a) knowingly harbours any deserter, or
who knowing, or having reason to believe, that any other
person has deserted, or that any deserter has been harboured
by any other person, does not without delay give information
thereof to his own or some other superior officer, or use
his utmost endeavours to cause such deserter to be apprehended;
or
(b) knowing, or having reason to believe,
that a person is a deserter, procures or attempts to procure
the enrolment of such person ; or
(c) without having first obtained a regular
discharge from the battalion to which he belongs, enrolls
himself in the same or any other battalion; or
(d) absents himself without leave, or without
sufficient cause overstays leave granted to him; or
(e) being on leave of absence and having
received information from proper authority that the battalion
or the portion of a battalion or any department to which
he belongs has been ordered on active service, fails, without
sufficient cause, to rejoin without delay; or
(f) without sufficient cause fails to appear
at the time fixed at the parade or place appointed for exercise
or duty ; or
(g) when on parade or on the line of march,
without sufficient cause or without leave from his superior
officer, quits the parade or line without leave ; or
(h) in time of peace, quits his guard,
piquet or patrol without being regularly relieved or without
leave ; or
(i) without proper authority is found two
miles or more from camp or outpost ; or
(j) without proper authority is absent
from his lines after tattoo, or from camp or outpost after
retreat-beating;
shall, on conviction, be liable to suffer
imprisonment, which may extend to two years, or such less
punishment as is provided in this Act.
31. Any person subject to this Act who commits
any of the following offences, that is to say, —
(a) dishonestly misappropriates or converts
to his own use any money, provisions, forage, arms, clothing,
ammunition, tools, instruments, equipments or Union Military
stores of any kind, the property of Government entrusted
to him ; or
(b) dishonestly receives or retains any
property in respect of which an offence under clause (a)
has been committed, knowing or having reason to believe
the same to have been dishonestly misappropriated or converted;
or
(c) willfully destroys or injures any property
of Government entrusted to him; or
(d) commits theft in respect of any property
of Government, or of any Force mess, band or institution,
or of any person subject to this Act; or
(e) dishonestly receives or retains any
such property as is specified in clause (d) knowing or having
reason to believe it to be stolen ; or
(f) does any other thing with intent to
defraud, or to cause wrongful gain to one person or wrongful
loss to another person; or
(g) malingers or feigns or produces disease
or infirmity in himself, or intentionally delays his cure
or aggravates his disease or infirmity ; or
(h) with intent to render himself or any
other person unfit for service, voluntarily causes hurt
to himself or any other person; or
(i) commits any offence of a cruel, indecent
or unnatural kind or attempts to commit any such offence
and does any act towards its commission;
Shall, on conviction, be punished with
imprisonment, which may extend to seven years, or with such
less punishment as is provided in this Act.
32. Any person subject to this Act who is
in a state of intoxication, whether on duty or off duty shall,
on conviction, be punished with imprisonment, or with such
less punishment as is provided in this Act.
33. Any person subject to this Act who, without
proper authority, releases any State prisoner, enemy or person
taken in arms against the State, placed under his charge,
or who negligently suffers such prisoner, enemy or person
to escape shall, on conviction, be punished with transportation
or with such less punishment as is provided in this Act.
34. Any person subject to this Act who commits
any of the following offences, that is to say, —
(a) being in command of a guard, picquet,
or patrol, neglects duly to post a sentry at the appointed
time and place; or
(b) being in command of a guard, picquet,
or patrol, refuses to receive any prisoner or person duly
committed to his charge; or
(c) without proper authority releases any
prisoner or person placed under his charge, or negligently
suffers any such prisoner or person to escape; or
(d) being in Force custody, leaves such
custody before he is set at liberty by proper authority;
shall, on conviction, be liable to suffer
imprisonment or such less punishment as is provided in this
Act.
35. Any person subject to this Act who commits
any of the following offences, that is to say, —
(a) commits extortion, or without proper
authority extorts from any person, carriage, porter age or
provisions; or
(b) commits house breaking for the purpose
of plundering or plunders; or
(c) designedly or through neglect kills,
injures, makes away with, ill-treats or loses his horse
or animal used in the public service; or
(d) makes away with, or is concerned in
making away with, his arms, ammunition, equipment, instruments,
tools, clothing or Force necessaries; or
(e) loses by neglect anything mentioned
in clause (d) ; or
(f) willfully injures anything mentioned
in clause (d) or any Government property or that of any
Force band, institution, mess or belonging to any person
subject to this Act; or
(g) sells, pawns, defaces or destroys any
medal or decoration granted to him;
shall, on conviction, be liable to suffer imprisonment or
such less punishment as is provided in this Act.
36. Any person subject to this Act who commits
any of the following offences, that is -to say, —
(a) makes a false accusation against any
person subject to this Act, knowing such accusation
to be false; or
(b) in making any complaint, knowingly
makes any false statement affecting the character of any
person subject to this Act, or knowingly and willfully suppresses
any material fact; or
(c) obtains or attempts to obtain for himself,
or for any other person, any pension, allowance or other
advantage or privilege by a statement which is false, and
which he either knows or believes to be false or does not
believe to be true, or by making or using a false entry
in any book or record or by making any document containing
a false statement, or by omitting to make a true entry or
document containing a true statement ; or
(d) knowingly furnishes a false return
or report of the number or state of any men under his command
or charge, or of any money, arms, ammunition, clothing,
equipments, stores or other property in his charge, whether
belonging to such men or Government or to any person in
or attached to the Force, or who, through design or
culpable
neglect, omits or refuses to make or send any return or
report of the matters aforesaid;
shall, on conviction, be punished with imprisonment, which
may extend to five years, or such less punishment as is
provided in this Act.
37. Any person having become subject to this
Act who is discovered to have made a willfully false answer
to any question set forth in the prescribed form of enrolment
which has been put to him by the enrolling officer before
whom he appears for the purpose of being enrolled shall, on
conviction, be punished with imprisonment, which may extend
to three years, or with such less punishment as is provided
in this Act.
38. Any person subject to this Act - who
commits any of the following offences, that is to say, —
(a) being of the rank of Warrant Officer,
behaves in a manner unbecoming his position and character;
or
(b) strikes or otherwise ill-treats any
person subject to this Act being his subordinate in rank
or position; or
(c) being in command at any post or on
the march, and receiving a compliant that any one under
his command has beaten or otherwise maltreated or oppressed
any person, or has disturbed any fair or markets or committed
any riot or trespass, fails to have due reparation made
to the injured person or to report the case to the proper
authority ; or
(d) by defiling any place of worship, or
otherwise, intentionally insults the religion or wounds
the religious feelings of any person ; or
(e) attempts to commit suicide and does
any act towards the commission of such offence ; or
(f) being below the rank of a Warrant Officer,
directly or indirectly accepts or obtains, or agrees to
accept or attempts to obtain, for himself or for any other
person, any gratification as a motive or reward for procuring
the enrolment of any person in the service; or
(g) gambles or induces any other member
of the Force to gamble; or
(h) neglects to obey any general or other
orders ; or
(i) is guilty of any act or omission which,
though not specified in this Act, is prejudicial to good
order and Force discipline;
shall, on conviction, be punished with imprisonment, which
may extend to two years, or with such less punishment as
is provided in this Act.
PENAL DEDUCTIONS.
39. The following penal deductions may be
made from the pay and allowances of a person subject
to this Act, that is to say, —
(a) all pay and allowances for every day
of absence either on desertion or without leave and for
every day of imprisonment awarded by a criminal Court, or
under this Act;
(b) all pay and allowances for every day
whilst he is in custody on a charge for an offence of which
he is afterwards convicted by a criminal Court or on a charge
of absence without leave for which he is afterwards awarded
imprisonment under this Act;
(c) all pay and allowances for every day
on which he is in hospital on account of sickness or other
cause certified by the proper medical officer attending
on him at the hospital to have been caused by an offence
under this Act committed by him;
(d) all pay and allowances ordered to be
forfeited under this Act;
(e) any sum ordered to be stopped under
this Act;
(f) any sum required to make good such
compensation for any expenses caused by him, or for any
loss or damage or destruction done by him to any arms, ammunition,
equipment, clothing, instruments, battalion necessaries
or military decoration, or to any building, or property,
may be awarded by his commanding officer;
(g) any sum required to pay a fine awarded
by a criminal Court or under this Act :
Provided that the total deductions from the
pay and allowances of a person subject to this Act made under
clauses (e) to (g) shall not (except in the case of a person
sentenced to dismissal or whose sentence involves dismissal)
exceed in any one month one-half of his pay and allowance
for that month.
Explanation.—For the purpose of clauses
(a) and (b)—
(i) absence or custody for six consecutive
hours or upwards, whether wholly in one day or partly in
one day and partly in another, may be reckoned as absence
or custody for a day;
(ii) absence or custody for twelve consecutive
hours or upwards may be reckoned as absence or custody for
the whole of each day during portion any portion of which
the person was absent or in custody, and any absence or
custody for less than a day may be reckoned as absence or
custody for a day if such absence or custody prevented the
absentee from fulfilling any force duty which was thereby
upon some other person.
PUNISHMENTS.
40. Punishments may be inflicted in respect
of offences committed by persons subject to this Act, and
convicted of an offence, according to the scale following,
that is to say,—
(a) transportation for life or for any
period exceeding seven years;
(b) imprisonment (with or without solitary
confinement) for any term not exceeding fourteen years;
(c) dismissal from the service;
(d) removal from the service;
(e) fine; -
(f) the punishments mentioned in section
44;
(g) reduction in the case of a Warrant
Officer to a lower rank;
(h) reduction of a Non-Commissioned Officer
to a lower grade or to the ranks;
(i) forfeiture in the case of Warrant Officers
and Non-Commissioned Officers of seniority of rank;
(j) in the case of Warrant. Officers and
Non-Commissioned Officers reprimand and severe reprimand;
(k) forfeiture of service for the purpose
of promotion, increased pay, pension or other purpose;
(1) forfeiture, in the case of any one
dismissed from the service, of all arrears of pay, allowances
and any public money due at the time of dismissal;
(m) stoppages of pay and allowances to
make good any damage done in committing the offence of which
he is convicted:
Provided that in the case of Warrant Officers
the trial under this Act and the punishments provided for
in this section can only be carried out with the approval
of the Inspector-General.
41. Where in respect of any offence under
this Act there is specified a particular punishment or such
less punishment as is in this Act mentioned, there may be
awarded in respect of that offence instead of such particular
punishment (but subject to the other provisions of this Act
as to the punishments and regard being had to the nature and
degree of the offence) any one punishment lower in the above
scale than the particular punishment.
42. A Non-Commissioned Officer sentenced
by a Court to transportation or imprisonment or dismissal
from the service shall be deemed to be reduced to the ranks.
SUMMARY PUNISHMENT.
43. (1) A Commandant of the Union Military
Police, may summarily award to any Warrant Officers and Non-Commissioned
Officers or other persons subject to this Act, any of the
following punishments for the commission of any offence against
discipline of the Force, which is not otherwise provided for
in this Act, or which is not of a sufficiently serious nature
to call for a trial, that is to say,—
(a) to Non-Commissioned Officers or Riflemen—
(i) reprimand;
(ii) severe reprimand;
(iii) reduction to a lower rank or grade;
(iv) removal from any office of distinction
or special emolument;
(v) stoppages of pay and allowances to
make good any damage done to the property of Government
or the Force;
(vi) admonition;
(vii) forfeiture of pay for absence without
leave;
(viii) fine up to one month’s pay;
(ix) stoppage of special pay or allowances
for a period not exceeding three months to make good any
loss or damage or on account of inefficiency, slackness,
or other sufficient reason;
(b) to Non-Commissioned Officers only—
(i) reprimand;
(ii) severe reprimand ;
(iii) reduction to a lower rank;
(iv) reduction to a lower grade;
(v) reduction to a lower place in the
rank or grade in which he is serving;
(vi) reduction to the ranks;
(c) to Riflemen—
(i) extra-guards, picquets or patrols;
(ii) confinement to the lines for any
period not exceeding 30 days carrying with it punishment
drill not exceeding 15 days, and thereafter fatigue duty;
(iii) imprisonment to the extent of 28
days in the quarter-guard or such other place as may be
considered suitable, with forfeiture of all pay and allowance
during its continuance;
(d) to public Followers—
(i) admonition;
(ii) forfeiture of pay for absence without
leave;
(iii) fine up to one month’s pay;
(iv) reduction to a lower grade where
two or more grades exist;
(v) confinement to the lines for any
period not exceeding 30 days carrying with it fatigue
duty;
(vi) imprisonment to the extent of 28
days in the quarter-guard or such other place as may be
considered suitable, with forfeiture of all pay and allowances
during its continuance;
(2) Any of the above punishments may be awarded
separately or in combination with any one or more of the others,
but the carrying out of imprisonment must precede confinement
to the lines, and no award or awards including imprisonment
and confinement to the lines shall exceed 30 consecutive days.
When an award includes imprisonment and a minor punishment,
the latter will, take effect at the termination of the imprisonment.¬
(3) Suspension may be awarded to any Warrant
Officer or Non-Commissioned Officer as a preliminary
to an enquiry, but it shall not he awarded as a substantive
punishment.
(4) (a) An officer of the Force commanding
a separate detachment or an outpost or in temporary command
at the headquarters of a district or battalion during the
absence of the aforesaid officers may, when in temporary command
at Battalion Headquarters or when on detached duty, exercise
the powers specified in sub-section (1).
(b) Subject to confirmation or revision by
the Battalion Commandant, the powers specified in sub-5ection
(1) may be exercised by officers when in temporary command
at Battalion Headquarters or when on detached duty.
(c) An officer who is not in independent
command may, if authorized by his Battalion Commandant, award
to any Rifleman confinement to the lines for periods not exceeding
ten days, and extra-guards not exceeding four in number.
(5) Commandants may authorize Warrant Officers
to exercise the powers specified in clause (c) of sub-section
(1) in respect of Riflemen under their command.
FIELD PUNISHMENT.
44. Any person subject to this Act not above
the rank of Rifleman, who, while on active service, commits
any offence, may, in lieu of any punishment to which he is
liable thereunder, be subjected to such field punishment other
than flogging as may be directed by rules to be made by the
President of the Union and such field punishment shall be
of the character of personal restraint or of hard labour but
shall not be of a nature to cause injury to life or limb.
PLACE OF IMPRISONMENT.
45. A person sentenced under this Act to
imprisonment for a period not exceeding three months shall,
when he is also dismissed or remove from the Force, be imprisoned
in the nearest or such other jail as the President of the
Union may, by general or special order, direct, but when he
is not also dismissed or removed from the Force he may, if
the convicting officer or Deputy Commissioner so directs,
be confined in the quarter-guard or such other place as the
convicting officer or the Deputy Commissioner may consider
suitable.
DISCRETIONARY POWERS.
46. Notwithstanding anything contained in
this Act relating to conviction and punishment, the Inspector-General
may dismiss or remove from the service any member of the Force.
REPEAL OF PREVIOUS ACTS.
47. The Military Police Act and the Burma
Frontier Force Act are hereby repealed.
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