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THE
PUBLIC PROPERTY PROTECTION ACT
[BURMA ACT LXXXIII, 1947] (24th December, 1947)
It is hereby enacted as follows:
1. This Act shall remain in force until such date as the
President of the Union may by notification declare it to be no
longer in force.
2. In this Act, unless there is anything repugnant in the
subject or context,
(i) "Public property" means any store or equipment or any other
property whatsoever belonging to, or consigned to, or intended
for the rise of the army, naval or air forces serving in the
Union of Burma or belonging to, or consigned to, or intended for
the use of, the Government of the Union of Burma or any local
authority * * *5 constituted under
any; and
(ii) "prejudicial act" means the following acts:
(a)
any act directly or indirectly connected with, or
relating to, any unlawful activity having for its object the
smuggling of any
Foot Note: 1.
Inserted by Act V, 1948.
2. In
section 9, clauses (f), (g), (i) and
(1) were deleted, and clauses (h) and
(k) related as (f) and (g),
respectively, by Act XIII, 1951.
3.
Inserted by Act LXXX, 1947.
4.
Inserted by Act LXI, 1917.
5.
Deleted by Act XVII, 1951.
property in and out of the Union of Burma in in
contravention of import and export orders and rules duly made by
the Government under the * * *1
Control of Imports and Exports (Temporary) Act, 1947; or
(b) any; act which directly or indirectly abets on
incites or facilitates the commission of any offence in respect
of any Public property or the contravention of any rule or order
made under this Act, the * * *1
Control of Imports and Exports (Temporary) Act, 1947, the Public
Utilities Protection Act, 1947, the [Foreign Exchange Regulation
Act, 1947]2 the Essential Supplies and
Services Act, 1947; or
(c) out willful negligence, mismanagement or
default our the part of a person who has, or has had, the
custody, charge or control of any Public property, resulting
directly or indirectly in loss, deterioration or destruction of
any such Public property;
(d) and dealing by any person directly or indirectly in
any Public property which gives rise to a suspicion that the
person concerned has obtained such Public property either by
commission of theft, misappropriation, mischief, breach of trust
on by any wrongful means.
3. If any person finds any Public property which he has
cause to believe to have been lost or abandoned and that, prior
to the loss or abandoned and that, prior to the loss or
abandonment, was in the possession of a person who was serving
with an armed force or under the Government, the person so
finding such property
(a) shall report the nature and situation thereof, or if
such property is a document, cause it to be delivered to some
member of the army, naval or air forces serving in the
Union of Burma, on duty in the neighborhood, or to the
Officer-in-Charge of a police station in the neighborhood; or if
such property is found outside the Union of Burma, shall take
such steps as are practicable to secure that the nature and
situation thereof are reported, or, if such property is a
document, that it is delivered as soon as may be, to some person
in the service of the Government; and
(b) shall not, save as aforesaid, remove or tamper with
such property, except with the permission of the President of
the Union.
4. The President of the Union may by order direct that
the obligation and restriction imposed by section 3 shall not
apply to any Public property of such description as may be
specified therein or as may be specified by such authority as
the President of the Union may appoint in this behalf.
5. If any person contravenes any of the provisions
of section 3, he shall be punishable with imprisonment
for a term which may extend to six months, or with fine, or with
both.
6. (1) Notwithstanding anything contained in any
other law for the time being in force, if any person is in
authorized possession of any Public property, or commits
theft, misappropriation or mischief in respect of any Public
property, he shall be punishable with imprisonment for a term
which may extend to seven years, or with whipping, or
with both imprisonment in whipping, and shall also be liable
to fine,
Foot Note:
1.
Deleted by the Union of Burma (Adaptation of Laws) Order,
1948,
2.
Inserted by Act XVII, 1951,
(2) In any prosecution under sub-section (1)
the burden of proving that the possession is authorized
shall lie on the person in whose possession any such Public
property is found.
7. (1) Any police officer not below the
rank of a sub-inspector or any other officer of Government
empowered in this behalf by general or special order by the
President of the Union may, with the prior approval of such
authority as may be prescribed by the President of the Union,
arrest without warrant any person whom he suspects of having
committed or of committing any of the offences mentioned in
sub-section (1) of section 6 in respect of any
Public property.
1(2) Any officer authorized in this
behalf by general or special order by the President of the Union
may arrest without warrant any person whom he suspects of having
committed or of committing any prejudicial act;
2(2A) Any officer authorized in this
behalf by general or special order by the President of the
Union, may, if he is satisfied with respect to any particular
person that circumstances exist which render it necessary to
arrest him with a view to preventing him from committing any
offence mentioned in section 6 (1) or an
offence of criminal breach of trust in respect of any Public
property, or any prejudicial act, do so without warrant;
(3) Any officer who makes an arrest in pursuance
of sub-section (1) or sub-section (2) [or
sub-section (2A) or who makes an arrest for an offence of
criminal breach of trust in respect of any Public
property]2 shall forthwith report the fact of
such arrest to the President of the Union, and pending the
receipt of the orders of the President of the Union, he may, by
an order in writing, commit any person so arrested to such
custody as the President of the Union may, by general or special
order, specify :
Provided
(i) that no person shall be detained in custody under
this sub-section for a period exceeding fifteen days without
the order of the President of the Union;
(ii) that no person shall be detained in custody under this
sub-section for a period exceeding six months.
(4) If any person arrested under sub-section (1)
or sub-section (2) is prepared to furnish security, the
officer who has arrested him may, subject to such general or
special instructions as may from time to time be issued by the
President of the Union or any person authorized by the President
of the Union in this behalf, release him on his executing a
bond, with or without sureties, undertaking that he will
conform to such conditions or directions as the President of the
Union may from time to time make.
3(5) On receipt of any report made
under sub-section (3), the President of the Union may, by
order, direct, subject to the second proviso to sub-section
(3), that a person arrested under this section be detained
for such period as he may deem necessary for the purpose of
making an investigation.
(6) When security has been taken in pursuance of the
provisions of sub-section (4), the bond shall be deemed
to be a bond taken under the Code of Criminal Procedure by the
District Magistrate having jurisdiction in the area in respect
of which the said security has been taken and the provisions of
section 514 of the Code of Criminal Procedure shall apply
accordingly.
2(7) The order of detention under
sub-section (5) shall not be deemed to authorize the
continued detention of the person in respect of whom it had
been
Foot Note: 1.
Substituted by Act XVII, 1951 and subsequently by
Act XLIII, 1951.
2.
Inserted by Act XLIII, 1951.
3.
Substituted ibid.
made after he is sent up for trial before any competent Court ;
but the Court before which the trial or enquiry is held,
shall not release the accused on bail unless it is established
that the accused, if released on bail, is not likely to suborn
any witness cause of the disappearance of any evidence or secret
or destroy any document which may be used as evidence against
him.
8. (1) Not withstanding anything contained in any
other law for the time being in force, where any person is
arrested or detained under section 7, the Inspector-General of
Police, on the Commissioner of Police, Rangoon or any other
office of the Government empowered by the President of the Union
in this behalf may, if he thinks fit so to do,
(a) inspect or cause, in writing, to be inspected, by art
officer not below the rank of District Superintendent of Police
whose name is specified therein, any book belonging to, or under
the control of, a bank; or
(b) direct the manager or agent of the bank to supply a
certified copy of any entry in the book of the bank or
give any information in the possession of the bank, relating to
the account of such person [or to any other person dependent on
him, or relating to any property kept in the safe custody of the
bank in the name of such person or of any other person dependent
on him]1; or
(c) prohibit the manager or agent of the bank from making any
payment from the amount standing to the credit of such person
[or of any other person dependent on him or from delivering any
property kept in the safe custody of the bank in the name
of such Person or any other person dependent on him]1
without an order in writing of the officer making the
prohibition.
(2) The expressions "bank" and "certified copy" shall
have the same meanings as are assigned to them under the
Bankers' Books Evidence Act.
(3) If the manager or agent of a bank, as the case
may be, fails or refuses to allow inspection of any book
belonging to, or und the control of, the bank, or to comply with
any direction or prohibition issued under sub section (1),
he shall be liable to punishment with imprisonment of a term
which may extend to three years, or with fine, or with both.
9. Any person who attempts to contravene, or abets, or
attempts to abet, or does any act preparatory to,
a contravention of any of the provisions of this Act, shall be
deemed to have contravened that provision.
10. (1) No suit, prosecution or other legal
proceedings shall lie against any person for anything which is
in good faith done or intended to be done in pursuance of this
Act.
(2) Save as otherwise expressly provided under this Act,
no suit or other legal proceeding shall lie against the
Government for any damage caused or likely to be cause by
anything done or intended to be done in pursuance of this Act.
11. The State Property Protection Act, 1947, Burma Act
No. XLIII of 1947, is hereby repealed; but
notwithstanding such repeal anything purported to be done or
any action purported to be taken in exercise of any power
conferred by or under the said Act shall be deemed to have
been done or taken in exercise of the powers under this Act.
Foot
Note; 1.
Inserted by Act XVII, 1951.
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