The Registration of Foreigners Rules,
1948
Date of Entry into Force: January 1949
1. Short title
(1)
These rules may be called the Registration of Foreigners Rules 1948.
(2)
They shall come into force on
2. Definitions
In
these rules unless there is anything repugnant in the subject or context:
(a)
"Act" means the Registration of Foreigners Act:
(b)
"Certificate of Registration" means a Certificate of Registration
issued in pursuance of Rule 6.
(c)
"district" means a civil administrative
district; and for the purpose of these rules, each of the following shall be
deemed to be a district:
(i)
All that area failing within the jurisdiction of the Resident, Northern Shan
States;
(ii)
All that area falling within the jurisdiction of the Resident, Southern Shan
States;
(iii)
The
(iv) The Northern Chin Hills District;
(v)
The Southern Chin Hills District;
(vi) The Bhamo District (the
(vii)
The Myitkyina District (the
(d)
"Form" means one of the forms appended to these rules;
(e)
"master of the vessel" includes the
commander of an aircraft and any person authorized by such master or commander
to discharge on his behalf any of the duties imposed upon him by these rules;
(f)
"passenger" means any person travelling or
seeking to travel on board a vessel who is not a bona fide seaman or airman;
(g)
"registered address" means a foreigner's address in Burma as reported
under Rule 5 and recorded in item 18 of his Certificate of Registration;
(h)
"Registration Officer" means a Registration Officer appointed by the
President under the provisions of Rule 3 of these rules,
(i)
"residence" means ordinary dwelling place in
(j)
"seaman" means a person employed on or
engaged in the working of, a vessel;
(k)
"tourist" means a foreigner having no residence or occupation in
Burma whose stay in Burma does not exceed three months who has no other object
in visiting Burma than recreation or sight-seeing and whose Certificate of
Registration has been endorsed "Tourist" in accordance with the
provisions of Rule 7
(l)
"vessel", for the purpose or these rules,
shall include an aircraft.
3. Registration Officers
The
President may appoint Registration Officers for the purpose of these rules for
such areas as he thinks fit.
4. Passengers on vessels to
report arrival in
Every
passenger who arrives in Burma on board any vessel shall, on being required so
to do by, or on behalf of, the master of the vessel, furnish true particulars
as his name and nationality and, it he is a foreigner, his age, sex, place of
birth and address or intended address in Burma, the purpose of his visit and
the proposed length of his stay in Burma, and such other particulars as may be
prescribed in this behalf.
5. Report by foreigner of
his address in Burma, etc.
(1)
Every foreigner entering, or being present in,
(2)
He shall also furnish a true statement of his address in Burma and of the other
particulars specified in items 2 to 18 of Form A and, in the case of a
foreigner entering Burma, such of the particulars specified in items 19 to 22
thereof as may be appropriate lie shall also, at (he same time, furnish to the
Registration Officer, three copies of a passport size photograph of himself. Purdahnashin women shall not be required to furnish
photographs.
(3)
For the purposes of sub-rule (2) a foreigner's address in
(a)
the place of his residence, or
(b)
if he has no residence, the place at which he is
living at the time of making his registration report, or at which he first
intends to live after his arrival in
6. Procedure for
Registration
(1)
The report referred to in sub-rule 5 (1) shall be made
(a)
by a foreigner who is present in Burma on the date of commencement of these
rules, within three hundred and one days of the said date, to the Registration
Officer of the district in which his address in Burma is situated, or, if on
the said date and for a period of three hundred days thereafter the foreigner
is absent from, that district, to the Registration Officer of the district in
which the foreigner is for the time being present;
(b)
by a foreigner who enters Burma on Board a vessel at such time and place and to
such authority as may be specified for the purpose by general or special
direction of the Registration Officer of the port or other place of arrival;
(c)
by a foreigner who enters
The
Registration Officer shell thereafter cause Form A in triplicate to be filled
in respect of the foreigner making the report. Each copy of Form A shall have
affixed to it in such a way as to obviate the possibility of its removal and
the substitution of another, a photograph of the person making the report duly
authenticated by the Registration Officer and shall also have affixed to it, a
genuine signature of the said person, or in the case of an illiterate, a clear
thumb impression in triplicate. The foreigner shall thereupon be entitled to
receive from the said Registration Officer a Certificate of Registration in
Part III of Form A:
Provided
that, any case in which a report is made by a foreigner who enters Burma on
board any vessel to the Registration Officer of the port or other place of
arrival and the foreigner's address in Burma is not within the jurisdiction of
that Registration Officer, a temporary certificate in Form B shall be issued
and the said foreigner shall thereafter comply with the conditions set out in
Form B:
Provided
also that, if a foreigner, who enters Burma during the period of validity of
his Certificate of Registration, reports his reentry to the Registration
Officer of the district concerned within thirty days from the date of such
re-entry, the said foreigner may be granted his old Certificate of Registration
duly re-validated or he may re-register as required by Rule 5 (1).
(3)
If in pursuance of clause (a) of sub-rule (1), a foreigner makes a report to
the Registration Officer of a district other than the district of his
registered address, then for so long as the said foreigner does not return to
the district of his registered address, that Registration Officer shall, for
the purposes of Rules 10,11 and 12, be deemed to be
the Registration Officer of the district in which his registered address is
situated.
(4)
A foreigner who is classified under Rule 7 (1) by the Registration Officer as a
tourist will be required to furnish only those particulars required under items 2, 16. 17, 19, 20, 21 and 23 of Form A. He is also exempted from
the liability to furnish photographs of himself.
(5)
(a)
The names of children below the age of 18 years shall be entered in the
Certificates of Registration of their parents and in the absence of their
parents their names should be entered in the Certificates of Registration of their
guardians and in addition Certificates of Identity in Form AA shall be issued
to children above the age of 12 and below the age of 18 years. They shall,
however, apply for separate Certificates of Registration within thirty days of
their 18th birthday and Certificates of Identity in form AA within 30 days of
their 12th birthday.
(b)
Children below the age of 18 years who have neither parents nor guardians will
be issued with Certificates of Registration free of fees, but on attaining the
age of 18 years they shall apply for Certificates of Registration on payment of
the prescribed
(6)
Every foreigner who registered himself prior to 1st October 1956 shall be
deemed to have registered in accordance with the provisions or this sub-rule
and every such foreigner who is above the age of 18 years shall renew his
Certificate of Registration on or after the 1st October 1956, within thirty
days from the date on which his Certificate of Registration would cease to be
valid had the provisions of sub-rules (2) (a) and (b) of Rule 7 regarding the
annual renewal of Certificates of Registration been in force prior to the 1st
October 1956.
7. Period of validity of
Certificates of Registration
(1)
if the Registration Officer is satisfied that any foreigner entering Burma a is
a bona de tourist, he will endorse on the Certificate of Registration the word
"Tourist" together with the date on which the said certificate shall
expire.
Where
a tourist enters
(2)
(a)
The Certificate of Registration issued in respect of any foreigner shall be
valid for a period of one year from the date of registration.
(b)Every
foreigner shall renew his Certificate of Registration annually. The annual
renewal shall be made within thirty days from the date on which the Certificate
of Registration would cease to be valid.
(3)
Any tourist who is in
8. Production of proof of
identity
(1)
Every foreigner entering Burma shall, on demand being made of him by the
Registration Officer deliver his passport or other proof of identity to that
officer and shall thereafter attend at such time and place as the Registration
Officer may direct or the purpose of receiving back his passport or other proof
of identity.
(2)
Where in pursuance of sub-rule (1) a foreigner surrenders his passport or other
proof of identity he shall be entitled to receive a receipt for it from the
Registration Officer.
9. Production of Certificate
of Registration
Every
foreigner who is by these rules required to have a Certificate of Registration
or Certificate of Identity shall, within twenty-four hours of demand being made
of him by any Registration Officer, any Magistrate or any Police Officer or
Officer of the immigration Department not below the rank of Sub-Inspector
produce or caused to be produced such certificate for the inspection of such
Registration Officer, Magistrate or Police Officer or Officer of the
Immigration Department:
Provided
that the Registration Officer Magistrate or Police Officer or officer of the
Immigration Department may, on sufficient cause being shown, extend the
aforesaid period of twenty-four hours to such period as, in the circumstances,
may be reasonably necessary for the production of the said certificate.
10. Report of temporary
absence from registered address
(1)
If at any time a foreigner is absent from his registered address for a
continuous period of one month, he shall report to the Registration Officer of
the district in which he happens to be residing temporarily, his current
address. He shall also thereafter report every change of address to the
Registration Officer of the district in which each new address is situated,
including his return to his registered address.
(2)
Any Registration Officer may either at the time of issue of the Registration
Certificate, or at any subsequent time require any of foreigner
to report every temporary change of address exceeding twenty-four hours to the
Registration Officer of the district in which his temporary address is
situated. Such a direction shall be made in writing and its receipt shall be
acknowledged in writing by the foreigner concerned.
11. Report of change of
registered address
(1)
Every foreigner who effects any change of his address in
(2)
A foreigner shall be deemed to change his registered address
(a)
if he changes his residence from one place to another
place in
(b)
if having sonridence, he
leaves his registered address knowing that he is not likely thereafter to
return hereto within six months of leaving it.
12. Report of change other
than of address
Without
prejudice to the provisions of Rules 10 and 11 every foreigner shall furnish to
the Registration Officer of the district in which his registered address is
situated particulars of any circumstance affecting in any manner the accuracy
of the particulars recorded in his Certificate of Registration within thirty
days after the circumstance has occurred and generally shall apply to the
Registration Officer all such information as may be necessary for maintaining
the accuracy of that certificate. This may be done by letter.
13.
Except
in regard to tourists who are directed under Rule 10 (2) to report all
temporary changes of address exceeding twenty-four hours, nothing in Rules 10,
11 and 12 shall apply to any tourist for so long as the period of validity of
his Certificate of Registration has not expired.
14. Report to be made to and
by hotel keepers
(1)
Every Keeper of a hotel shall require every visitor to the hotel to record
legibly, or furnish the particulars necessary for recording, and sign on his
arrival at the hotel, his name and nationality in a register maintained for the
purpose and, if any such visitor is a foreigner, shall further require him
(a)
on his arrival at such hotel to complete, or furnish
the Particulars necessary for the completion of Form C; and
(b) at the time or
his departure from such hotel, record or furnish the particulars necessary for
recording in the said register the date in time of his departure and the
address to which he proceeding.
(2)
The register prescribed by sub-rule (I) shall it all times be made available
for inspection on the demand of any Registration Officer, any Magistrate or any
Police Officer or officer of the Immigration Department not below the rank of Sub-Inspector.
(3)
Every visitor to any hotel shall, on being required so to do by the keeper of
the hotel, record legibly or furnish the, particulars necessary for recording,
and sign his name and nationality, in the register prescribed by sub-rule (1) and,
if such visitor is a foreigner, shall also
(a)
on his arrival at such hotel complete or furnish the
particulars required for the completion of Form C;
(b)
it the time of his departure from such hotel, record or furnish the particulars
necessary for recording in the said register the date and time of his departure
and the address to which lie is proceeding.
(4)
Every particular other than the signature of the keeper or a hotel or a
visitor, which is required by this rule to be recorded in the said register in
Form C; shall be recorded in Burmese or English.
(5)
If a visitor does not understand the Burmese or English language, it shall be
the duty of the hotel, if so requested, to explain to the visitor the
requirements of this rule and Form C
(6)
The keeper of the hotel shall, as soon as may be, but not later than
twenty-four hours after the arrival of any foreigner, transmit a copy of Form C
to the Registration Officer.
(7)
For the purposes of this rule
(a)
"hotel" includes and boarding-house, club, dak-bungalow, rest-house, or premises of like nature;
(b)
"keeper of a hotel means the person having the management of a hotel and
includes any person authorized by him, and competent, to perform the duties of
the keeper of the hotel under this rule;
(c)
"sign" includes in respect of a visitor who
is unable to write, the making of a thumb impression;
(d)
"visitor" means a person for whom
accommodation is Provided at a hotel.
(8)
Copies of Form C may be obtained on application from any Registration Officer.
15. Surrender of Certificate
of Registration on departure
(1)
Every foreigner who is about to depart from Burma shall produce his certificate
of Registration before the Registration Officer of the district from which he
proposes to leave Burma and such Registration Officer shall make, sign and seal
on the said certificate an endorsement to the effect that the said report has
been duly mape. The Registration Officer shall then
retain the certificate and shall provide the foreigner with a temporary certificate
station that the foreigner has surrendered his Registration Certificate as he
is about to leave Burma and specifying the period for which the temporary
certificate is valid. If for any reason, the foreigner is unable to leave Burma
within the period of validity of the temporary certificate, he shall report to
the Registration Officer giving full reason, and the period of validity may
thereupon be extended by the Registration Officer;
Always
provided that the stay of the foreigner in
(2)
No such temporary certificate shall be valid for more than thirty days in all,
whatever the circumstances, and a foreigner, who is unable to league Burma
during the period of validity of the temporary certificate shall, within
seventy-two hours of the expirp of the period of
validity of the said temporary certificate, surrender the same to the issuing
Registration Officer and the said foreigner shall thereupon be entitled to
receive back his old Certificate of Registration with an endorsement that he
does not leave Burma.
(3)
The temporary certificate shall serve as a registration certificate for the
district of issue only and for the period of its validity or until the
foreigner's departure, whichever is earlier.
(4)
The temporary certificate shall be surrendered
(a)
when the foreigner leaves
(b)
when the foreigner leaves
(5)
For the purpose of the rule
(6)
Every passenger other than a passenger for whom a berth has been engaged by or
on behalf of Government who is due to depart from Burma on board and vessel
shall furnish in writing to the Registration Officer concerned a true statement
of the particulars set out in items 1, 2 and 10 and, if he is a foreigner, also
items 3 to 9 of Form D.
Copies
of Form D may be obtained on application from any Registration Officer and must
be completed before him.
16. Obligation of masters of
vessels, etc.
(1)
The master of any vessel arriving at or leaving any place in
(a)
before any passenger disembarks or embarks. supply to the Registration Officer of the place of arrival
in, or departure from
(b)
require every foreign passenger who is about to disembark in Burma to furnish
the particulars required for the completion of items 2 to 18 of Form A and such
of the particulars specified in items 19 to 22 as may be appropriate and direct
him to attend at such place and time as may be specified by the Registration
Officer for the purpose of giving him the direction prescribed by clause(b) of sub-rule(1) of Rule 6;
(c)
it so requested by the Registration Officer require
any foreign passenger shout to depart from
(d)
furnish to the Registration Officer on arrival at the said place a true
statement in writing showing the name and nationality of every seaman employed
on such vessels and at the time of departing from such place take such steps as
the Registration Officer may specify to ascertain whether or not any such
seaman aforesaid who is a foreigner is about to depart on board such vessel;
and
(e)
generally render to the Registration Officer such
assistance as he may reasonably require for carrying out the purpose of the Act
and these rules.
(2)
Every particular, other than the signature of a foreign passenger which is
required by this rule to be recorded in form A, shall be recorded in Burmese or
English.
(3)
If a foreign passenger does not understand the Burmese or English language, it
shall be the duty of the master of the vessel, it so requested, to explain to
the foreign passenger the requirements of this rule and Form A.
(4)
The person having the management of any vessel, shall
(a)
require and person who intends to embark on that
vessel for the purpose of leaving
(b)
cause duly completed Form D to be delivered together
with the schedule in Form F to the Registration Officer of the place of
departure;
(c)
take steps to ensure that no foreigner embarks until
authorized so to do by the Registration Officer.
(5)
Form D, E and F shall be completed in the Burmese or English language.
17. Fees
(1)
There shall be paid for each Certificate of Registration initially issued or
for annual renewal of a Certificate of Registration a fee of K 50.
(2)
(a) If any Certificate of Registration issued under
these rules is lost or totally Jest destroyed, the foreigner to whom it was
issued shall make to the Registration Officer of the district in which the loss
or total destruction has occurred within seventy-two hours a report of the
circumstances in which is was lost or totally destroyed. The Registration
Officer to whom the report is made shall it he is satisfied as to the or total destruction, issue the foreigner with a
temporary permit pending the issue of duplicate copy of the Certificate of
Registration.
(b)
The foreigner shall also submit within seventy-two hours of the lost or total
destruction, an application in writing, accompanied by three copies of passport
size photograph of himself, for the issue of a duplicate copy of the
Certificate of the Registration to the Registration Officer of the district in
which his registered address is situated. When the lost or total destruction
has occurred in a district other than the district in which his registered
address is situated, the application, shall be
submitted through the Registration Officer of that district.
(c)
A fee of K 50 shall be paid for each duplicate copy of Certificate of
Registration issued in lieu of the one which is lost or totally destroyed.
(d)
A fee of K 30 shall be paid for each re-validation made under the second
provision to Rules 6.
(e)
A fee of K 10 shall be paid for each duplicate copy of a Certificate of
Registration issued in lieu of the one which has become soiled or worn out.
18. No Person shall
(1)
forge or alter or temper with any entry, endorsement, photograph, signature or
seal on a Certificate of Registration, or without lawful authority use or have
in his possession any such forged, altered or irregular Certificate of
Registration; or
(2)
No such temporary certificate shall be valid for more than thirty days in all,
whatever the circumstances, and a foreigner, who is unable to leave Burma
during the period of validity of the temporary certificate shall, within
seventy-two hours of the expiry of the period of validity of the said temporary
certificate, surrender the same to the issuing Registration Officer and the
said foreigner shall thereupon be entitled to receive back his old Certificate
of Registration with an endorsement that he does not leave Burma.
(3)
personate or falsely represent himself to be or not to be a person to whom a
Certificate of Registration has been issued, or with intent to obtain a Certificate
of Registration knowingly make any false statement; or
(4)
allow any other person to have possession of any Certificate of Registration
issued for his own use or for the use of some other person or without lawful
authority have in his possession any such Certificate issued for tire use of
some person other than himself; or
(5)
make or cause to be made any false statement or
representation in pursuance of these rules; or
(6)
obstruct or impede any person in the exercise of his
powers or in the discharge of his duties under these rules.
[Comments:
This is the official text. The forms referred to in these rules are omitted
here.]