Citation

## Material Information

Title:
The Burma village manual containing the Burma Village Act, 1907, as amended by the Burma Towns and Village Amendment Act, 1912, the Burma Village Amerndment Act, 1914, the Burma Village Amendment Act, 1921, the Burma Village Amendment Act, 1924, and the Burma Village (Amendment) Act, 1925, and Rules and Orders issued thereunder (corrected up to the 15th April 1926)
Creator:
Burma
Place of Publication:
Rangoon
Publisher:
Supdt., Govt. Print. and Stationery
Publication Date:
Language:
English
Physical Description:
169 p. : ; 25 cm.

## Subjects

Subjects / Keywords:
Villages -- Law and legislation -- Burma ( lcsh )
Villages -- Handbooks, manuals, etc -- Burma ( lcsh )
Genre:
federal government publication ( marcgt )
handbook ( marcgt )
non-fiction ( marcgt )
Handbooks, manuals, etc ( lcsh )
Spatial Coverage:
Asia -- Myanmar

General Note:
Includes index.

## Record Information

Source Institution:
SOAS, University of London
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
724314 ( aleph )
OCM19721636 ( oclc )
19721636 ( oclc )
GB352 / 211019 ( soas classmark )

Full Text
THE

Burma Village Manual

containing the

Burma Village Act, 1907, as amended by the
Burma Towns and Village Amendment Act,
1912, the Burma Village Amendment Act, 1914,
the' Burma Village Amendment Act, 1921,
the Burma Village Amending Act, 1924, and
the Burma Village (Amendment) Act, 1925, and
Rules and Orders issued thereunder-

(Ctrreeted up to th* 15th April 1926.)

Rangoon:

Supdt., Govt. Printing and Stationery, Burma

1926

LIST OF AGENTS FOR THE SALE OF
GOVERNMENT PUBLICATIONS.

In Burma.

American Baptist Mission Press, Rangoon.

Biswas & Co., 30, Lewis Street. Rangoon.

British Burma Press Branch. Rangoon.

THE BURMA BOOK Club, Ltd., Post Box No. 1068, Rangoon.

International Buddhist Book Depot. Post Box No. 971, Rangoon.

Modern Publishing House, Ltd., Rangoon.

New Light of Burma Press, 19. Phayre Street, Rangoon.

Rangoon Times Press, Rangoon.

Maung Lu Gale, Law Book Depot. 42, Ayo-o-gale, Mandalay.
Burma Publishing Co., 71. Upper Main Road, Moulmein.

In India.

Butterworth & Co. (India), Ltd., Calcutta.
S. K. Lahiri & Co., 56, College Stre ;t. Calcutta
W. Newman & Co., Calcutta.
Thacker, Spink & Co., Calcutta and Simla.
D. B. Taraporevala, Sons & Co.. Bombay.
Thacker & Co., Ltd., Bombay.

In Europe.

The publications are obtainable either direct from the office of the
High Commissioner for India, 42, Groavenor Gardens. London.
S.W. 1. or through any bookseller.

PREFACE.

A fresh edition of the Village Manual of 1917 has been
entailed by the passing of the Village Amending Act of 1924.
The new Act modified the Act of 1907 in certain fundamental
particulars and an extensive revision of the Manual has in
consequence been necessary- The attention of officers is
drawn to the Executive Orders which have been largely
rewritten. The differences between the old and the new Act
are there brought out. References to the appropriate por-
tions of these orders are contained in the foot-notes to the
Act. Act V of 1925 was a short Act varying in certain small
particulars Act IV of 1924. Here also the foot-notes to the
Act indicate where the changes have been made.

Part I.

page

The Burma Village Act, 1907, as amended 3

Part II.

STATUTORY" RULES AMD ORDERS UNDER THE ACT.

Commencement of the Actâ€”section I (3) ... ... ... 27

Appointment of headmenâ€”section 5 (â€¢) ... ... ... ib.

Election and procedure of village committeesâ€”section 29(1) (cc) .. â–

Offences specially declared to be triable by village committees or head-
menâ€” section 9 (2) (e) ... ... .. ... 30
Trial of civil suits by headmen or village committeesâ€”section 39 (1) (f) 31
Disposal of fees levied under section 6-4) or section 9(9)â€”section

29 (t)(Â£-) ... ... ... ... ... 33

Rules prescribing headmen's register and requiring written receipts-

section 29 (1) (i) ... ... ... 34

Remission or refund of finesâ€”section 29 (1) (i) ... ... ibâ€¢

Supply of information to Military Officersâ€”section 29 (i) (i) ... ib.

Rules requiring headmen to report establishment of cutch campsâ€”

section 39 (1) (i) ... ... ib.

Revision of decisions of village committees or headmen in civil suits-

section 6 (2) ... ... .. ... 35

Delegation to subordinate officers of the powers of a Deputy Commissioner

under the Actâ€”section 24 ... ... ... ib.

Powers and privileges of police officers conferred on headmen and on
rural policemen and duties to be performed by rural policemenâ€”
section 29(1) (a), (b) and (c) ... ... ... 36

Orders regarding Fivesâ€”section 21 (3) ... 33

Registration of births and deathsâ€” section 29 (1) (d) ... 39

Duties of headmen for the prevention of the spreading of small-pox â€”

section 29 (1) (d) ... ... ... ... 42

Duties of persons residing in a village-tract in respect of public nuisances
and sanitation, contagious or infectious disease among human
beings and fires and the duties of headmen in respect of public
nuisances and sanitation,^contagious disease among human beings
and firesâ€”section"29(1 )(d) ... ... ... ib.

Duties of headmen and residents of a village-tract in respect of the

prevention of the spreading of leprosyâ€”section 29 (1) (
Duties of headmen and residents of a village-tract in respect of the
prevention and suppression of cattle diseaseâ€”section 29(1) (d) and
(h) ... ... ... 49

Registration of deaths of cattleâ€”section 29 (1 ){d) ... 55

Duties of headmen and residents of a village-tract in respect of the

slaughter of cattleâ€”section 99 (1) (d) ... ... ... 56

Regulation of pawn-shops' in village-tractsâ€”section aoA (a) and (3) ... 63

11

Part III.

EXECUTIVE ORDERS UNDER THE ACT.

Chapter Iâ€”

Preliminary
Chapter IIâ€”

Appointment of Headmen^ constitution of Village Committees, et
Chapter IIIâ€”

Chapter IVâ€”

Duties of Headmen, Village Committees and Villagers ...
Chaftbr vâ€”

Collective punishment of villagers accessory to crime
Chapter VIâ€”

Provisions respecting residence in village-tracts and erection
houses ...

Chapter VIIâ€”

Miscellaneous orders

APPENDICES.

I.â€”The Village-System. Minute by Sir Charles Crosthwaite
II.â€”Revenue Collection by Headmenâ€”Circular No. 6 of 1899
I1Lâ€”Rules for the levy and assessment of the thathameda-tax
IV.â€”Control of Horse and Pony Race-Meetings ...

V.â€”Instructions regarding Forest Villagers ...
VLâ€”Heads of information for Village Sanitary Records ...
VII.â€”Instructions for the Prevention of Cholera
INDEX.

PART I.

The Burma Village Act (Burma Act VI of 1907),
as amended by Burma Acts II of 1912, I of
1914, I of 1921, IV of 1924 and V of 1925.

THE BURMA VILLAGE ACT, 1907

As amended by the Burma Towns and Village Amendment Act,
13x2, the Burma Village Amendment Act, 1914., the Burma
Village Amendment Act, 1921 the Burma Village Amending
Act, 1924, and the Burma Village (, Amendment) Act, 1925.

CONTENTS.

Preliminary

Sections.

1. Short title, extent and commencement.

2. Repeal.

3. Effect of Aci.
Definitions.

5. Determination of village-tracts and app )intment of headmen

and rural policemen.
+5a. Constitution of village committees.

Duties and Powers of Headmen and Rural Policemen.

7. Headman bound to report certain matters.

8. (ieneral duties of headman and rural policeman.

9. Disposal of petty criminal ca>es by headman.

10. Penalty for neglect of duty or abuse of authority by headman .

or rural policeman.

General Duties of Villagers,

11. General duties of persons residing in village-tracts.

12. Penalty on villagers tor negie a of such duties or failure to

13. Fine on villagers accessory to crime.

* 14. [Fine on villagers where ho micide is committed or attemped~\.

Provisions respecting Residence in Village-tracts and
Erection of Houses.

â™¦ 15. \Notification of residence of strangers in village-tracts].
*iu. [Penalty for breach of section 15 and disposal by headman

of such cases~\.

17- Prohibition of unauthorized settlement of strangeri in village-
tracts.

t Inserted by section 4 of Burma Act IV of 1.324..

* Repealed by section 12 of Burma Act IV of 1924.

;IO

PART I.â€”THE BURMA VILLAGE ACT, 1907.

Sections.

18. Prohibition of the establishment of new villages without per-

mission and of the erection of houses outside villages.

19. Penalty for breach of orders under immediately preceding

sections.

Procedure for evicting persons convicted under this section.
*2o. [Power to require residents to removeJ.

Pawnshops.
f2oA. Licensing and regulation of pawn-shops.

P-ves.

a 1. Penalty for holding, promoting or taking part in an unlicensed
fwe.

{21 a. Surrender of offensive weapons to headman on demand.

a

Supplemental provisions.

22. Mode of recovering fines.

23. Finality ol orders.

24. Delegation of powers of Deputy Commissioner, Subdivisional

Officer and Township Officer to certain classes of officers.

25. Provisions with respect to emolum nts of headmen and mral

policemen.

26. Bar to jurisdiction of Civil Courts in matters relating to

27. Amendment of section 9 or* Act 11 of r8So to provide for

remuneration of headman and maintenance of rural police.

28. Protection to headman or rural policeman in execution of his

duty.

Â§28a. Transfer of cases bv Magistrates to village committees.
89. Power to make rules.

H30. Penalty on non-residents of village-tract for breach of rule
under section 29 [/) (h).

THE SCHEDULE.
ENACTMENTS REPEALED.

* Repealed by st-cti^n 14 of Burma Act IV ol 1924.

t Inserted by section 3 of Burma Act 1 of iqsi.

J Insetted by section 4 of Hurma Act 1 of iQr4.

Â§ Inserted by section 6 of Burma Act V of 1925-
[| Inserted by section 8 of Burma Act II of 1912.

THE BURMA VILLAGE ACT, 1907

As amended by Burma Act II of 1912, Burma Act
I of 1914, Burma Act I of 1921, Burma Act IV of
1924, and Burma Act V of 1925.

Passed by the Lieutenant-Governor of Burma

in Council.

{Received thi assent of the Lhu1 enant-G over nor on the 30^
September 1907, and of the Govirnor-Gencral on the 6th
Novembir 1907, and was publis'nid in the Burma Gazette
of the 30th Nove?nber 1907.)

An Act to consolidate and amend the law relating to
the Village-system and Rural Police in Burma.

Whereas it is expedient to consolidate and amend the law Preamble-
relating to the village-system and rural police in Burma ; It is
hereby enacted as follows :â€”

Preliminary.

1. (/) This Act may be called the Burma Village Act

I 907 . mencement.

(2) It extends to the whole of Burma ; and

(3) It shall come * into force on such date as the Local
Government may, by notification, appoint on this behalf.

2. The enactments mentioned in the Schedule are hereby RePeaI'
repealed to the extent mentioned in the fourth column thereof.

3- This Act shall take effect notwithstanding anything in EsectofAct.
any enactment for the time being in force.

4- In this Act unless there is anything repugnant in the Deantuon..
subject or context,â€”

headman of a village-tract under section 5 :

. * The Act came into force on the ist January 1908 (General Department
Notification No. 445, dated the 14th December 1907, page 27). The Burma
Village Amending Act, 1914 (IV of 1934) came into force on the 20th December
1924 (General Department Notification No. 218, dated the 20th December 1924,
not reproduced).

6

/

PART I.â€”THE BURMA VILLAGE ACT, 1907.

(2) "rule" means a rule made by the Locai Government
under this Act :

(3) "stolen property" has the meaning assigned to that xlvoiiwo
term by section 410 of the Indian Penal Code :

(4) " Subdivisional Officer" means the officer in charge of
a subdivision of a district as constituted for revenue and
general purposes :

(5) " Township Officer " means the officer in charge of a
township as constituted for revenue and general purposes:

(6) " town" means a local area declared to be a town for Bat. Act n

1907

the purposes of the Burma Towns Act, 1907 :

(7) " village" means an area appropriated to dwelling
places not included within the limits of a town :*

Â»vniage-tract." ^ " village-tract " means the local area under the juris-
diction of a headman, including a village or group of villages

+ (9) "village committee" means the village committee
established for a village-tract under section 5A.
Determination 5* (7) The Deputy Commissioner may declare that any
muppSntaâ„¢" lÂ°cal area shall be a village-tract, and, when necessary, may
Tirai'poTcLfen'! determine t the limits of any village-tract.

J (.2) The village headman for every village-iract shall be
appointed by the Deputy Commissioner. The Deputy
Commissioner shall, however, in all cases ascertain the wishes
of the villagers by means of an election, and shall only
overrule the result of the election in accordance with rules
made bvthe Local Government in this behalf.

(j) Â§ The Deputy Commissioner, or a Subdivisional or
this behalf may appoint a rural policeman or more than one
such policeman in any village-tract.

Rule."

â€¢â€¢ Stolen
property."

11 Subdi visional
Officer."

"Township
Officer."

Town."
Village."

* Amended by Burma Act IV of ig2+, section 2 (a), (M and \c). For orders
relating to village committees of amalgamated-vilkge tracts, see, paragraph 16,
page 79.

t For orders about fixing of and changes in village jurisdictions, see paragraphs
134â€”136, pages 106 and 107.

I A mended bv Burma Act IV of 1924, section 3. On this subject see General
Department Notification No. 319, dated the 20th December 19^4, as amended by
General Department Notification No. 113, dated the 13th July 1925, page 17, and
paragraphs 5â€”8, pages 76 and 77, Instructions about Myothugyis in Upper
Burma are contained in paragraphs 18â€”-25, pages 7jâ€” 81. About status and
privileges of headmen, see Chapter 111. page 8a For registers to be maintained
by headmen, see paragraph 164, page 117.

Â§ For instructions about the appointment of rural policemen in Lower Burma
and Yviagaungs in Upper Bu'ma,see paragraphs 30â€”3^, pages 8t and 82. In
addition to his duties under the Act as an ordinary villager, a rural policeman in
Lower Burma has to perform the duties set forth in rules 3 and 4, page 37.

SECTIONS 7Aâ€”25.

19

(4) livery local area constituting, immediately before the
niofiBss. commencement of this Act, a village, as defined in the Lower
xivÂ°oÂ£1887'. Burma Village Act, 1889, or in the Upper Burma Village
Regulation, 1887, shall be deemed to have been declared to be
a village-tract for the purposes of this Act; and all appoint-
enactment repealed bv this Act and in forcc immediately
before ihe commencement of this Act shall mutatis mutandis
be deemed to have been made or issued under tins Act.

*5A. (1) For every village-tract there shall be constituted ofÂ»?â„¢gctatlon
a village committee for the purpose of exercising such powers commU,ee,>
as are or may be conferred upon the village committee under
this Act or any other law, and for the purpose of advising the
headman in matters concerning the general welfare of the
village-tract; provided that the Local Government may by
notification f exclude any village-tract from the operation of
this section, in which case all the provisions of this Act
relating to village committee shall, where the context so
permits, be deemed to apply to the headman.

(2) 1'he headman shall be a member and the chairman
of the village committee.

(3) The remaining members of the village committee
shall be not more than (our persons elected by the residents
of the-village-tract in accordance with such rules \ as may be
made in this behalf. Each of such members shall be entitled
to remain in office for three years from the date of his election
unless he resigns before the expiration of that period;
provided that any such member shall be deemed to have
resigned his office if the Deputy Commissioner, by order made
upon sufficient grounds, declares that the continuance in office
of such member is contrary to the interests of the residents
of the village-tract.

Duties and Powers of Village Committeis, Hiadmin and
Rural Policemen.

Â§6. (/) The Commissioner may, by notification, invest any ojhÂ«dmnl?U(m
village committee with the powers of a Civil Court for the

* Inserted by Burma Act IV of 1924, section 4.

t >uch N otifications arp not reproduced.

J For rules, see pages 27 -

Â§ Amended by Burma Act IV of 1934, sections 5 and 6.

For rules regarding the trial of Civil suits, see General Department Notifica-
tion No. 22r, d*ted th% 20th December igÂ»4, page 31.

For orders relating to village committees, see paragraphs 9 to 17^ pages77
to 79 Villa , e committees or headmen when specially empowered under this

. . r~ Miscellaneous,
section are given appointment orders in t-orm -â€”j-

;IO PART I.â€”THE BURMA VILLAGE ACT, 1907.

trial of suits between persons of whom both or all, as the case
may be, reside within the village-tract, and may, by general
or* special notification,, specify the classes, and the value not
exceeding fifty rupees, of the suit which such village
committee may try.

,2) In any suit tried in exercise of powers conferred under
sub-section (/), the decision of the village committee shall,
subject to revision by such authority as the Local Government
may appoint + in this behalf, be final.

(3) Notwithstanding anything in the Code of Civil XIVo'MÂ®
Procedure, a person shall not be bound to institute a suit in

the Court of a village committee.

(4) A fee J shall be paid to the headman on the institution
of a suit in the court of a village committee at the following
rate : â€”

One anna in the rupee on the value of the suit with a
a minimum fee of one rupee, or two rupees if the suit is
a matrimonial suit or otherwise not capable of valuation.

reMrtca- nearest Magistrate, or the officer in charge of the nearest
matters. police-station, whichever is the nearer, any infurmation which
he may obtain respectingâ€”â–

(a) the permanent or temporary residence of any notori-

ous receiver or vendor of stolen property in his
village-tract;

(b) the resort to any place within or the passage through,

his village-tract of any person whom he knows, or
reasonably suspects, to be a dacoit, robber, escaped
convict or proclaimed offender ;

(c) the commission of, or attempt or intention to

commit any of the following offences within his
village-tract, namely :â€”
(?) murder;

(n) culpable homicide not amounting to murder ;
{iii) dacoity ;

(iv) robbery ;

(v) offence against the Indian Arms Act, 1878 ; or

* The practice is to issue a special notification in each case,
f The Township Officer has been appointed to be the revising authority : see
General Department Notification No. 249, dated the 14th July 19OS, as amended
by General Department Notification No 78, dated the 23rd May 1935, page 35.

I The headman is entitled to retain these fees under Rule 10 at page 3a.

SECTIONS 9Aâ€”25.

19

xtof 1878. (dV) any other offence respecting which the Deputy

Commissioner by general or special order,
made with the previous sanction of the
Commissioner, directs him to communicate
information ;

(d) the occurrence in his village-tract of any sudden or

unnatural death or of any death under suspicious
circumstances ;

(e) *any matter likely to affect the maintenance of order

or the prevention of crime or the safety of person
or property respecting which the Deputy Commis-
sioner by general or special order, made with the
previous sanction of the Commissioner, has directed
him to communicate information.
(2) Section 45 of the Code of Criminal Procedure, 1898,
votJ888 shall nÂ°t apply to the areas \n which this Act is in force.

8. (/) Kvery headman shall be bound to perform the Â£2JSef
following public duties, namely :â€”â–  andd^S

(a) to investigate every offence respecting which he is pÂ°llceB,a,IÂ«

required by section 7 to communicate information;
(b to search for and arrest any person whom he has
reason to believe to have been concerned in the
commission or attempted commission of any such
offence, and to recovei, if possible, any property
taken by anv such person;

(c) to arrest any person found lurking within the limits

of the villape-tract who cannot give a satisfactory
account of himself;

(d) to forwa'rd, as soon as may be, to the nearest police-

station any person arrested by him or made over to
his custody, together with any weapon or other
article likely to be useful as evidence;
(Â«) to resist any unlawful attack made upon any village

within the village-tract ;**
if) f to take such measures for the purpose of
protecting the villages within his tract from attack
as the Deputy Commissioner may advise ;

* Added by section 4 ol Burmrt Ac- II of 1912. For instructions under this
clauses paragraph 132,page 104. '

** Village watchmen may carry spears: paragraph 154., page 112. For
orders about the issue of gun licenses and Government guns to villagers, see page
112. For orders about the issue of guns to and the carriage of dalwes and spears
by headman, see< paragraph 154, page 112. For orders about the issue of gun
licenses and Government guns to villagers, see page 112.

+ Substituted by section 7(a) of Burma Act IV of 1924. See explanation in
paragraphs 61 and 62, page 88.

;IO

PART I.â€”THE BURMA VILLAGE ACT, 1907.

(g) *to collect and furnish, upon receipt of payment for
the same in advance, at such rates as the Deputy
Commissioner, with the sanction of the Commis-
sioner, may from time to time fix, guides, supplies
of food, carriage and means of transport for any
troops or police posted in or near or marching
through the village-tract or for any servant of the
Government travelling on duty and, on the written
order of the Deputy Commissioner, for any traveller:
fProvided that except in the case of troops or police,
the provisions of this clause shall apply only to the
headman of village-tracts which are notified by the
Deputy Commissioner, with the sanction of the
Commissioner, as being village-tracts where the
conditions are such that the furnishing of services
or supplies as specified above at reasonable rates
is not ensured:
J Provided also that no headman shall be bound to collect
supplies beyond the limits of the village-tract of
which he is headman, or to furnish carriage or
means of transport for more than twelve hours'
journey from such village-tract unless the
Deputy Commissioner certifies in writing that it is
necessary in the public interests that carriage or
means of transport should be supplied for a longer
period in which case the Deputy Commissioner
shall fix higher rates of payment than the rates of
payment for journeys of twelve hours or less :
Provided also that no headman shall requisition for
personal service any resident of such village-tract
who is not of the labouring class and accustomed
to do such work as may be required;
Explanation.â€”A servant of the Government proceed-
ing on or returning from authorized leave shall be
deemed to be on duty for the purposes of this
clause ;

(h) ^Repealed by Burma Act IV of 1924).

(i) to collect or aid in collecting revenue and other

money due to the Government from residents of
the village-tract or persons holding land therein ;

* The question of how far services under this and the following sub-Sections
can be demanded free of payment is discussed in paragraphs 63â€”71, pages 89â€”91.

t Inserted section 7(6) of Burma Act IV of I9Â»4.

j Amended by section 5 of liurma Act II of 191a and section 7 (c) of
Burma Act IV of 1924.

SECTION 8.

II,

(j) if so ordered, and in accordance with such rules *
as may be made in this behalf, to register all births
and deaths which take place within the village-
tract, and any other vital statistics which may be
prescribed by such rules ;
(A) to superintend and control and to take such
measures as may be prescribed in any rulssf made
in this behalf forâ€”
firstly,â€”the prevention of public nuisances ;
secondly,â€”the cure or prevention of the spreading of
any contagious or infectious disease among human
beings or domestic animals of any kind ;
thirdly,â€”the prevention and extinction of files;
fourthly, â€” the general sanitation of the village-tract;
X fifthly,â€”the regulation of the slaughter of horned
cattle, ponies, sheep, goats and swine, and the sale
of the flesh thereof ;
(/) to supply to the best of his ability any local infor-
mation which any Magistrate or officer of police may
require ;

{m) $to disarm any person found in possession of any weapon of the kind mentioned in section 21A while proceeding to, returning from or being present at a fwe held in the headman's village-tract; and (n) generally to assist all officers of the Government in the execution of their public duties. II (2) Every rural policeman shall be bound to perform such public duties similar to those imposed on a headman by sub- section (1) as may be imposed upon him by rules made in his behalf. (3) ** Every headman shall have power to arrest any person who commits an offence punishable under section 510 of the Indian Penal Code. 0 * See Rules published in Department of Public Health Notification No. 10 dated the nth |February 1915, pages 39â€”42, and Agricultural (Vety.) Depart- ment Notification No. 7, dated the 4th September 1995, pages 55 and 56. t The rules are printed on pages 42â€”55 and 56â€”63. ^'Amended by section 2 of Burma Act i of 1921. Â§ This clause was inserted and the original clause (m) re-lettered clause (Â») by section 2 of Burma Act 1 of 1914. || Rule 7 at page 34 provjdes that headmen in Upper Burma shall give information to Military Officers in command of posts or of parties or columns or travelling on duty when required- Rule 8 requires headmen in Upper Burma to report establishment of cuich boiling camps in or near their village-tracts. Forest Department Circular 8 of 1891 (reproduced in paragraphs 98â€”100, pages 98 and 99 imposes on headmen the duty of giving effect to the orders prohibiting the felling of trees on the banks of streams and on the sides of roads. if See Rules 3 and 4 on page 37- ** Inserted by section 5 of Burma Act II of 1912- 2 ;IO PART I.â€”THE BURMA VILLAGE ACT, 1907. Dlipsu] of Q.* (/) If any of the offences mentioned in the next follow ouMbjrTead- ing sub-section is committed in a village-tract, the village com- m"* mittee may, on complaint made to the headman take cogni- zance of it and try any person accused thereof. (2) The offences referred to in sub-section (1) are the following, namely:â€” (a) assault; (b) theft when the value of the property stolen does not exceed five rupees ; (c) mischief when the mischief causes damage to an amount not exceeding five rupees ; (d) criminal trespass ; (e) any other offence + which the Local Government may, by notification, declare to be triable by a village committee under sub-section (1). (3) If the accused is convicted, he may be sentenced to fine not exceeding five rupees or,"if the offence was theft or mischief, twice the value of the property stolen or twice the amount of the damage caused, as the case may be, or to confinement for a term not exceeding twenty-four hours in such place as the Deputy Commissioner may appoint t in this behalf, or to both {4) Â§ A village committee specially empowered by the Commissioner in this behalf may, on complaint, try any person accused of theft or mischief when the value of the property stolen or the amount of the damage caused does not exceed fifty rupees, and may in any case so triable, sentence the . accused, on conviction, to fine || not exceeding fifty rupees.or to confinement for a term not exceeding fifteen days in such place as the Deputy Commissioner may appoint + in this behalf, or to both, (5) II Proceedings under this section shall be held in th presence of the complainant and the accused. * Amended by section 9 of Burma Act IV of 1924. and section a of Burma Act V of 1925. f See Notifications printed on page 30. + As regards places of confinement, sec paragraph 138, page 107 Para- graph 139 prescribes a form of warrant. Â§ For orders relating to special powers of village committees and headmen, see paragraph 13, page 78. A village committee when specially empowered under this sub-section is given an appointment ord^r in form * 'y'laglT^B*â€” || These fines are credited to *'XXXVâ€”Miscellaneousâ€”Other Fees, Fines and Forfeitures (a) .Fines, etc., levied under the Burma Village Act." paragraph i-57, page 114. II Regarding power of the village committee or headman to require the attendance of an accused person, see paragraph 140, page 108. SECTIONS 13Aâ€”25. 19 16) The offence out of which the proceedings have arisen may be compounded at any time before the village committee pronounces its decision. (y) The proceedings need not be reduced to writing, but such record shall be kept of the cases decided as the Deputy Commissioner directs. (8) The whole or any part of any fine imposed for an offence referred to in this section may be awarded as compen- sation to any person injured by the offence, (9) * A fee of one rupee may be levied on a complaint under sub-section (1 ) and of two rupees on a complaint under sub-section (4) but no otherfees shall be leviable in any case under this section. (10) If the accused is convicted, the amount of any fee paid in respect of the complaint shall be recovered from him as if it were a fine imposed under this Act and be repaid to the complainant. (//) Nothing contained in this section shall enable a village committee to try any person who is accused of an offence punishable under Chapter XII or Chapter XVII of the Indian LVof 1880. .penal Code with imprisonment for a term of three years or upwards and who has been previously convicted of any offence punishable under either of those Chapters with imprisonment for a term of three years or upwards. 10. + If a headman or rural policeman neglects to perform Penalty tor r 1 ii- i â€¢ 1 I.â– â€¢ 1 1 â€¢ a neglect ol duty â– any of the public duties imposed upon him by this Act or any rules thereunder, or abuses any of the powers conferred upon ^adman^r him by this Act or any such rule, he shall be liable, by order"". bf the Deputy Commissioner, to pay a fine not exceeding fifty rupees. General Duties of Villagers. 11. Every person residing in a village-tract shall be bound to perform the following public duties, namely:â€” tracBts!nT" ge" (a) to communicate forthwith to the headman any infor- mation which he may obtain respecting the commission of, or, attempt or intention to commit, within the village- tract, any offence with respect to which the headman is required by section 7 to communicate information ; * For orders as to the amount of fees to be levied by headman specially empowered under section 9 (+), see paragraph 137, page 107. The fees are retained by the headman : see Rule <, page 53. t Eines levied by Deputy Commissioners! under this section and under section 13 and finss levied by village committees or headmen under sections 9 and ia arecredited to XXXV.â€”Miscellaneousâ€”Other Pees, Fines and Forfeituresâ€”(a) Fines, etc., levied under the Burma Village Act." 'paragraph 157, page'i1!^. For orders about fining of headman, see paragraph 39, page 83. ;IO PART I.â€”THE BURMA VILLAGE ACT, 1907. (b) to resist any unlawful attack made upon any village within the village-tract * ; (c) to take such measures as may be prescribed in any rules t made in this behalf forâ€” (i) the registration of births, deaths and vital statistics ; (ii) the prevention of public nuisances ; (iii) the care or prevention of the spreading of any contagious or infectious disease among human beings or domestic animals of any kind ; (iv) the prevention and extinction of fires ; (v) the general sanitation of the village-tract; and (vi) Â£ the regulation of the slaughter of horned cattle, ponies, sheep, goats and swine, and the sale of the flesh thereof; (d) on the requisition of the headman or of a rural police- man to assist him in the execution of his public duties. Explanation.â€”A requisition under clause d) may be either general or addressed to an individual. Penalty on 12. Â§ If any person residing in a village-tract refuses or neg^erto/such neglects to perform any of the public duties imposed upon to asiast head* him by this Act or by any rule thereunder, he shall, in the policeman. absence of reasonable excuse, the burden of proving which shall lie upon him, "be liableâ€” (i) by order of the headman, to fine not exceeding five rupees, or (ii) by order of the village committee, on the case being referred to it by the headman, to fine not exceeding ten rupees, or to confinement for a term not exceeding 48 hours in such place as the Deputy Commissioner may|| appoint in this behalf, or to both, or (iii) on conviction by a Magistrate,^ to fine not exceeding fifty rupees or to imprisonment for a term not exceeding one month, or to both. Fine on Til- 13. ** The Deputy Commissioner may, with the sanction toata"c"'017 of the Commissioner, impose fines on all or any residents of a village-tract if after enquiry he has found that they or any of â€¢ For orders on this subject) see paragraphs 61 and 62, page 88. f For rules, see pages 39â€”63. X Amended by section a of Burma Act I of 1921. Â§ Amended by section 10 of Burma Act IV of 1924 and section 3 of Burma Act V of 1925. || For orders on the subject, see paragraph 138, page 107, post, % Cases tried by Magistrates under this Act will be entered in the ordinary Judicial registers and returns, ** Amended by Burma Act IV of 1924. Instructions regarding the working of this section are contained in Chapter page 100. SECTIONS 19Aâ€”25. 19 them have failed to resist an attack on the village or to take all reasonable means to prevent the escape of any criminal, and may, with the like sanction, order the whole or any part of the fines recovered to be applied in compensation for the injury, damage or loss to person or property caused by such attack or by the offence of which the criminal is accused. 14. (Repealed by Burma Act IV of 1924.) Provisions respecting Rtsidinci in Villaqz-tracts and Eviction of Housts. 15- (Repealed by Burma Act IV of 1924.) 16. (Repealed by Burma Act IV of 1924.) 17.* A person who is not a resident of a village-tract shall unauthorised not build any house, hut or enclosure, or take up his residence strangers In in the village-tract without the permission of the village T11'ase"tract'' committee. 18.t (/) No person shall, without the permission of the Prohibition oe Deputy Commissioner, establish a new villaee or group of raent of new vil- , 1 J 0 Â° 1 lagcs without ilOUSeS I permission and and no person shall build or occupy a house on land ot housesoSt.011 which is not within a village at the commencement of this Act, 5 eUllage'* until it has been appropriated to dwelling places with the permission of the Deputy Commissioner. (2) Nothing contained in this section shall be deemed to require a cultivator or fisherman, or other person whose vocation during a season of the year is carried on at a distance from a village, to obtain the permission of the Deputy Com- missioner to build a house on the locality where his vocation is carried on, or to occupy it for any season of the year, during which, having regard to the custom of his vocation, it is necessary that he should reside in such locality. 19. (/) Whoever contravenes the provisions of section 17 Penaityfor â– o 1 11 1_ -ill â– , â€¢ 1 â– Â»Â«â€¢â€¢, breach of ordÂ«M or section 10 shall be punishable on conviction by a Magistrate, underimmedt- with fine which may extend to fifty rupees, or with imprison- .e^ons. ment for a term which may extend to fifteen days, or with both. (2) When a person has been convicted under this section, the Deputy Commissioner may issue an order requiring him suÂ°nnd"e"jl{,ictei icction. * Amended by Burma Act IV of 1924, section 13. + For instructions regarding this and the subsequent sections, see paragraph 133. page 105. ;IO PART I.â€”THE BURMA VILLAGE ACT, 1907. and any other person (if any) occupying the houses and land in respect of which he was convicted to quit the same, and to remove therefrom all property other than Government pro- perty within a specified time. A copy of such order shall be posted up in some conspi- cuous position on the land or upon a building thereon. (3) If after the time specified in the order any person remains upon or in occupation of the land the Deputy Com- missioner may, by warrant under his hand, cause such person to be arrested and may commit him to imprisonment in the Civil Jail â– for such period, not exceeding thirty days, as he may consider necessary for the purpose of preventing resis- tance or obstruction to his order. {4) If any property other than Government property remains on the land after the time specified in the order, the Deputy Commissioner may cause the same to be removed and sold for the purpose of defraying the cost of its removal, custody and sale ; and thereupon the surplus proceeds of the sale (if any) shall be paid to the owner of the property. (5) Nothing shall be-deemed to be Government property within the meaning of this section merely by reason of its having been put into or affixed to the soil. 20. (Repealed by Section 14 of Burma Act IV of 1924.) Pawn-shops. Licensing and * 20A- (7) No person shall keep a pawn-shop or carry on pawnshops Â°Â£ t^e business of a pawn-broker except under and in accordance with f rules made by the Local Government in this behalf. (,2) The Local Government mav make rulesâ€” (.7) regulating pawn-shops and rendering licenses neces- sary for pawn-brokers ; (b) prescribing the form of such licenses and the con- ditions subject to which they shall be granted and may be revoked ; (c) providing for the sale, issue, production and return of licenses ; and (d) generally for carrying into effect the objects of this section. (3) The Local Government may, by rule J under this section, attach to the breach of any rule thereunder any punishment which may extend for a first offence to a fine of * Inserted by section 3 of Burma Act I o! 1921. t For rules, see pages 63â€”71. X See Rule 6 at page 67. SECTIONS 19Aâ€”25. 19 Burma Act III rupees one hundred, and for each subsequent offence to imprisonment for one month, or to a fine of two hundred rupees or both : Provided that this section shall apply only to such villages as the Deputy Commissioner * may direct and shall not apply to any area notified under section 210 of the Burma Municipal Act, 1898. ofi698. Â« Pwes. t 21. (/) Whoeverâ€” {a) holds a pwe in any village-tract, without a license fi,1^40^^ granted by the Deputy Commissioner or by an instating officer or other person j appointed by the Deputy nniicen.ed Commissioner in this behalf, or (b) promotes the holding of a pwe held without such license, or (c) takes part in or in any manner assists the race, performance or other entertainment (if any) con- stituting a pise held without such license, or takes part in or in any manner assists the arrangement or management of a pwe held without such license, or {d) being present thereat, permits the holding of a. pwe without such license, on any land or premises under his control, shall be punishable, on conviction by a Magistrate, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. (2) No fee shall be paid on the application for, or on the issue of, the license required by sub-section (/). (j) For the purposes of this Act "pwe " ordinarily means a puppet-show or other theatrical or dramatic performance, or a native cart, pony, boat or other like race, held for public entertainment, whether on public or private property ; and, in respect of any local area, also includes public entertainments or assemblies of any such class as the Local * The words " with the previous sanction of the Commissioner " were deleted by section 4 of Burma ^ct V of 1925. t Amended by section 3 of Burma Act I of 1914 and section 15 of Burma Act IV of 1934. See paragraph 144. page no, post, about licensing of p-wis. J Divisional Forest Officers are: to be empowered under this clause, set Appendix V, page 138, post. ;IO PART I.â€”THE BURMA VILLAGE ACT, 1907. Government may by notification * declare to be pwes for the purposes of this Act when held in such local area. snTOBderoi 2lAf (/) No person being present at a pwe shall have in txbcadman possession a da of a kind exempted from the provisions of on demand the Indian Arms Act, 1878, knife, bludgeon, loaded stick, xi ofiara. hunting-crop or any other instrument which the Deputy Com- missioner may declare for the purpose of this section to be an offensive weapon. {2) Every person proceeding to, returning from or being present at a pwe and having in his possession any such weapon shall upon demand deliver up the same to the headman of the village-tract in which the pwe is being held or to any rural policeman in such village-tract or to any person employed by the said headman to assist him in keeping order at the fiwe or to any police-officer within the said village-tract ; and every weapon delivered up in accordance with the provisions of this sub-section shall be made over to the headman as soon as possible : Provided that any weapon delivered up in accordance with the provisions of this sub-section may at any time be returned to the owner at the discretion of the headman. {3) Whoever contravenes the provisions of this section shall be punishable on conviction by a Magistrate with fine which may extend to Rs. 50 or with imprisonment for a term which may extend to fifteen days or with both. {4) The headman may within eight days from the com- mission of an offence under this section at his discretion either report the matter to the nearest Magistrate or try the accused himself and upon conviction sentence him to a fine not exceed- ing Rs. 5 or to confinement for a term not exceeding .24 hours in such place as the Deputy Commissioner may appoint in this behalf or to both. { (5) Proceedings before a headman shall be held in the presence of the accused and such record shall be kept thereof as the Deputy Commissioner directs. (6) When any person is convicted of an offence under sub-section (j) or sub-section^) the instrument in respect of which he has been convicted shall be liable to be confiscated. * For notification relating to pu>es, see page 38. See also paragraph 144, page 110, pott. t Inserted by section 4 of Burma Act I of 1914. J Amended by section 16 of Burma Act IV of 1924 and siction r of Burma Act V of igas. SECTIONS 21Aâ€”25. 19 (7) This section shall not apply to any person exempted under the provisions of section 27 of the Indian Arms Act, Â» jiiitÂ«. t878, or to any person employed by a headman to assist him in keeping order at a/wor exempted by special or general order of the Deputy Commissioner. Supplemental Provisions. 22* (1) A fine imposed under this Act may be recovered rtngfine"cÂ°Te* as if it were an arrear of land-revenue. (2) (Repealed by section 17 of Burma Act IV of 1924.) 23. (/) An appeal shall not lie from any order made under oÂ£ this Act. '2) f But the Deputy Commissioner may revise any such ord er made by any authority subordinate to him ; the Com- missioner may revise any such order made by the Deputy Commissioner ; and the Local Government may revise any order made by the Deputy Commissioner or Commissioner. (j) Save as provided by this section, an order made under this Act shaU be final and shall not be liable to be contested by suit or otherwise. (4) The word " order " in this section does not include a decision of a village committee in a suit tried in exercise of powers conferred under section 6, sub-section (1). 24. JThe Local Government may authorise any Settlement Delegation of Offi cer, Assistant Commissioner, Extra Assistant Commissioner Deputy f ommto- or Subdivisional Officer, or any Forest Officer, as defined in 6ionafOflicer 9nr.Ktiv oe section 3 (5) of the Burma Forest Act, 1902, above the rank of omcJtoTertlSu ,,0, Assistant Conservator to exercise all or any of the powers of the ora"â„¢0 Deputy Commissioner, and any Forest Officer above the rank of Forest Ranger to exercise all or any of the powers of a Sub- divisional or of a Township Officer under this Act in any district or part of a district. 25. ^7) The emoluments of a headman or rural policeman Provision, shall not be liable to attachment in execution of a decree or emoinmentÂ» of order of any Civil Court. rural policemen, * A D fine imposfd under the Act provided that if the amount exceeds Rs. 500, the sanction of the Commissioner is necessary : Rule 4, page 34. A Subdivisional Officer may trder the remission or refund of any fine imposed by a village commit tee oriieadn an unaer section 9 in any case that comes before him in revision: Rule 5 page 34. t Amended by section 18 of Burma Act IV of 1934. J Substili'ied by section 4 of Burma Act I of 1921. For notifications under this section, ite. page 35. For instructions regarding forest villages, see Appendix V, page 138, post. ;IO PART I.â€”THE BURMA VILLAGE ACT, 1907. Bar to Jurisdic- tion of civil Court; In â– matters relating to appointment of headmen, etc. Amendment of section 9 of Act II of 1830 to provide for remu- neration of headman and maintenance of rural police. Protection to headman or rural policeman in execution of his duty- Transfer of cases by MagiS' trate to village committees. (2) An assignment of or charge on, or an agreement to assign or charge any such emoluments shall be void. (3)* Where the emoluments of a headman consist wholly or in part of a grant of land, the title to the grant shall pass with the office of headman, and the Deputy Commissioner may, upon such terms, if any, as to compensation for improve- ments or otherwise as he thinks fit, enforce the surrender of the land to the person for the time being holding that office. {4), In enforcing a surrender under sub-section (3) the Deputy Commissioner may proceed in the manner provided in' sub-sections (2) to (5V- of section 19. f26. A Civil Court shall not have jurisdiction over any claim to the office of headman or other village-officer or to the position of member of a village committee or in respect of any injury caused by exclusion from such office, or position or power to compel the performance of the duties, or a division of the emoluments, thereof. 27- For clause (a) of section 9 of the Burma District Cesses and Rural Police Act, 1880, the following shall be substituted, namely :â€” "(Â«) the remuneration of the headman and the maintenance of the rural police appointed under the Burma Village Act, 1907." |28. No complaint against a headman or member of a village committee or rural policeman of any act or omission punish- able under this Act shall be entertained by any Court unless the prosecution isjnstituted by order of, or under authority from, the Deputy Commissioner. Â§28a. (/) Notwithstanding anything contained in section I92 of the Code of Criminal Procedure, 1898, any Magistrate v of m. who has taken cognizance of a case may transfer it for enquiry or trial to any village committee which could have taken cognizance of it under section g, and such village committee shall take cognizance of it accordingly. (2) The District Magistrate may withdraw any case which has been transferred to a village committee under the pre- ceding sub-section and may inquire into or try such case him- self, or refer it for inquiry or trial to any Magistrate competent to inquire into or try the same. * Orders about grant of thugyisa land to headmen are indicated in paragraph 43, page 84. t Amended by sectior 19 of Burma Act IV of 1924. t Amended by section ao of Burma Act IV of 1924, Â§ Inserted by section 6 of Burma Act V of 1925, SECTIONS 25Aâ€”25. 19 29. (/) * *** the Local Government may, by notification, Powenomake make rules f consistent with this Actâ€” """" (a) conferring on headmen or on rural policemen any powers or privileges, which may be exercised or are enjoyed by police-officers under any enactment for the time being in force ; (b) prescribing the duties to be performed by rural policemen, including any duties imposed upon police-officers by any enactment for the time being in force; c) regulating the exerciss, enjoyment and performance of those powers, privileges and duties by rural policemen ; + (cc) (i) prescribing the qualifications of electors and regulating the manner in which members of village committees shall be elected ; (zV) prescribing the number of members to be elected for village committees generally or with reference to certain village-tracts ; {tit) prescribing the procedure in enquiries and trials, the times at which meetings of the village com- mittee shall be held, the manner of summoning the same, the quorum necessary therefor, and the- conduct of business thereat, with reference to the discharge of the special duties to be performed by the village committee under this Act and generally ; (cd) prescribing the duties to be performed by the head- man and residents of a village-tract in respect of the matters mentioned in section 8, sub-section (/), clauses (j) and (k), and in section 11, clause (c) ; (e) regulating the emoluments of headmen and rural policemen ; Â§(/) prescribing the procedure to be observed by a village committee trying a suit in exercise of powers conferred under section 6, sub-section (/), the record which is to be made of the suit and the mode in which that record is to be disposed of, the powers which the village committee and the head- man may exercise as regards the costs of the suit * The word9 " subject to the control Of the Governor-General in Council " were omitted by the Devolution Act, 1910. t For rules under this section, see pages 37 -30, 31â€”35, 36, 37 and 39â€”58. I Inserted by section 21(0; '<( Burma Act IV of i9Â»4. Â§ Subitituted by section 21 (6) of Burma Act IV of 19J4. ;IO PART I.â€”THE BURMA VILLAGE ACT, 1907. and of any proceeding arising thereout, the manner in which a decree or order made by the village committee may be executed by the headman, and the manner, circumstances and conditions in and on which such a decree or order may be sent for execution to, and be executed by, another village committee or a civil court ; â– (g) for the disposal of fees levied under section 6, sub- section (4) , and section 9, sub-section (p); *(h) for the prevention and suppression of any contagious or infectious disease among human beings or domestic animals of any kind coming into or pass- ing through a village-tract ; and (0 generally, for carrying into effect the purposes of this Act. (2) All such rules shall, when published in the Gazette, have the same effect as if enacted by this Act. 30. t Whoever, not being a resident of a village-tract, Tduta nofÂ°n~ refuses to obey or contravenes any rule made under clause (h) mcii of rule of sub-section (/) of section 29 shall be punishable, on con- sider Mctionaj vjCÂ£jon by a Magistrate, with fine which may extend to 50 rupees or with imprisonment for a term which may extend to fifteen days, or with both. THE SCHEDULE. (See Section 2.) Enactments Repealed. I a 3 4 Year. No. Short title or subject. Extent of repeal. Acts of the Governor Gevera.1 in Council. 1880 II The Burma District Sections 12 to a 1 (both Cesses and Rural Police inclusive) in so far as Act, 1880. they may not already have been repealed. 1889 III The Lower Burma Vil- The whole. lage Act, 1889. 1894 XI The Lower Burma Vil- The whole. lage Act (1689) Amend- ment Act, 1894. â€¢ * This clause was inserted and the original clause (A) re-lettered (i) by section ,7 cf Burma Act II of 191a. t Inserted by section 8 ol Burma Act II of 1912. SECTION 30â€”THE SCHEDULE- 2<$;

THE SCHEDULEâ€”concluded.
I 2 3 4
Year. No. Short title or subject. Extent of repeal.

Acts of the Governor-General in Councilâ€”Concld.

The Lower Burma Vil-
lages and Towns Law
Amendment Act, 1895.

The Burma Laws Act,
1898.

1895 ... XVIII ... The Lower Burma Vil- The-* heading " Lower

Burma Village Act,
1889," and sections if
2 and 3.

1898 ... Xlll ... The Burma Laws Act, So much of the Third

Schedule as relates to-
Act III of 1889 a nd
Regulation XIV of
1887.

Regulations made under the Government of India. Act, 1870 (33

Vict., C. 3).

1887
1891

1894

1896

XIV
I

IV
IV

The Upper Burma
Village Regulation,
1887.

The Upper Burma
Village Regulation
(1887) Amendment
Regulation, 1891.

The Upper Burma
Village Regulation
(1887) Amendment
Regulation, 1894

The Upper Burma
Villages, Towns and
Land-revenue Law
Amendment Regu-
lation, 1896.

The whole.

So much as has not
been repealed.

The whole.

Burma Village Regu-
lation, 1887," and
lections 1, 2 and 3.

Acts of Lieutenant-Governor of Burma in Council.

190* I The Burma Village Law The whole.
Amendment Act, 1902.
1904 II The Burma Towns and Sections 2 and 4.
Village Laws Amend- ment Act, 1904.

PART II.

Statutory Rules and Orders under the Burma
Village Act, 1907, as amended.

RULES AND ORDERS UNDER SECTIONS I, 5 AND 29.,

n

COMMENCEMENT OF THE ACT.

In exercise of the power conferred by section 1, sub-section Sec. 1.
(3), of the Burma Village Act, 1907 (Vl of 1907), the o.D.Not. n.,
Lieutenant-Governor is pleased to appoint the ist January DÂ«.di907.Uth
1908 as the day on which the Act shall come into force.

In exercise of the power conferred by section 5, sub-section sec.s(2).
(2), of the Burma Village Act, 1907, as amended by theG-DiNot^o
Burma Village Amending Act, 1924, the Governor in Council d1Â®^^'
makes the following rule to regulate the action of Deputy d^'nSI noÂ°"
Commissioners in appointing village headmen otherwise than jSj-luSs
in accordance with the result of an election by the villagers :â€”

The Deputy Commissioner may, with theprsvious sanction
of the Commissioner, overrule the result of an election by the
villagersâ€”

(a) if the candidate so elected is plainly a person of no

standing or influence, or is of bad character ; or

(b) if the candidate so elected owed his election to the

exercise of undue influence or to intimidation ; or

(c) if in a village where the appointment of headman has

been hereditary for two or more generations, the
candidate so elected is not an hereditary claimant
and an hereditary claimant was among the
candidates and is a man of approved character; or

(d) if the candidate so elected cannot furnish security as

required by Direction 267, Land Revenue Manual.

Provided that before according sanction under this rule the
Commissioner shall give the elected candidate an opportunity
of showing cause why the election should not be overruled.

1

ft ELECTION AND PROCEDURE OF VILLAGE

COMMITTEES.

In exercise of the powers conferred by section 29, Sec â€ž, Â«
sub-section (/), clause (cc), of the Burma Village Act, 1907, (Â«:). *
as amended by the Burma Village Amending Act, 1924, g.d. Not. n0.
the Governor in Council makes the following rules to regulate D^ia^a!0"1
the matters referred to therein :â€” cu^nI,^ n*

* For orders on this subject, see paragraphs 5 to 8, pages 76 and 77.

t For orders relating to village committees, see paragraphs 9 to 17, pages 77
to 79.

3

23, dated 19th
Feb. 1924.

28

IP ART II.â€”STATUTORY RULES AND ORDERS.

1. Every person residing in a village-tract shall be qualified
to vote at the election of members of a village committee,
whose name has been entered in the capitation-tax assessment
roll of that village-tract for the preceding year as liable to pay
the said tax or in the ihathameda-t&x assessment roll of the
preceding year as head of the household liable to pay
thathameda-ta.'x., including any person svho, although his name
is so entered, is exempt from payment on any ground,
unlessâ€”

(a) he is of unsound mind, or

(b) he has during the preceding three years been punished
with imprisonment for a term exceeding one month, or been
ordered to give security under the preventive sections of the
Code of Criminal Procedure, or been restricted under the
* Burma Habitual Offenders Restriction Act.

2. The election shall be held by the headman of a neigh-
bouring village-tract selected for the purpose by the Township
Officer or the Assistant Township Officer. The said headman,
hereinafter referred to as the presiding officer, shall inform the
headman of the village-tract in which the election is to be
held of the date on . which he proposes to hold the election,
giving such warning as will enable him to announce the date
to the villagers at least ten days before the election.

3. After the date has been so announced and at any time
before the election any person qualified to vote may give
notice in writing to the headman of his intention to be a
candidate provided that two other qualified electors endorse
his candidature.

4. On the. date fixed the presiding officer shall come to
the village-tract, and where there are more villages than one in
the said tract, shall hold the election in the village in which
the headman of the tract resides.

5. The headman shall then make over to the presiding
officer all notices received from intending candidates.

6. If the presiding officer finds that there are not more
candidates than there are vacancies, he shall declare the said
candidates, on being satisfied that they are duly qualified, to
be duly elected.

7. If the number of candidates exceeds the number of
vacancies, the presiding officer shall proceed to hold the
election, and may select with the consent of the candidates
any suitable persons to assist him.

* Burma Code, Volume II, page 621.

RULES AND ORDERS UNDER SECTION 29.

29!

8. The election shall be held in a zayat, or other suitable
building, hereinafter referred to as the polling booth and
receptacles with names of candidates thereon shall be placed
there. Each voter shall be given a token or tokens with which
to vote and shall exercise his vote or votes by placing the
said token or tokens in the said receptacles. The presiding
officer will keep a record of the names of villagers to whom
a token or tokens is or are issued.

9. No one shall be present in the polling booth when votes
are being given except the presiding officer and the person
â€¢or persons selected to assist him. The presiding officer
shall be responsible for seeing that no person votes who is
not qualified under Rule 1.

10. A period of four hours shall be allowed for voting, the
said period to start not earlier than 8 a.m. or later than 12 noon.

11. At the close of the voting the votes shall be counted
by the presiding officer and the persons assisting him, and
the presiding officer shall declare the names of the persons
elected and shall report the result to the Township Officer or
the Assistant Township Officer.

12. When the votes for any two candidates are equal and
both of them cannot be elected, the decision between such
candidates shall be by lot.

13. Casual vacancies shall be filled by election in the
same manner.

14. Any appeal regarding irregularities in regard to election
of members of village committees shall lie to the Township
â– Officer whose decision shall be final.

15. The number of members to be elected to the com-
mittee shall be three if the number of houses in a village-tract
is fifty or under and four if it is over fifty.

for meetings of the committee. He shall be responsible for
the maintenance of all registers and records.

17. When opinions are equally divided the headman shall
have the casting vote.

18. The headman may delegate his position as chairman to
any other member of the committee to act, during his absence,
at any meeting, and such member shall have a casting vote.

19. The chairman and two other members shall constitute >
a quorum.

20. Every 'decision arrived at by a committee shall be
recorded in writing and shall be signed by'all members present
-when the said decision is arrived at *

30 IP ART II.â€”STATUTORY RULES AND ORDERS.

21. No member who is personally interested in any
criminal or civil case shall sit on the committee which takes
cognizance of such cases.

22. Witnesses in cri.ninal and civil cases tried by village
committees may be put on oath.

OFFENCES SPECIALLY DECLARED TO BE
TRIABLE BY * VILLAGE COMMITTEES OR:

Sec. 9(2){c) With reference to section 9, sub-section (2), clause (e), of
g.d^no^no. the Burma Village Act, 1907, the Governor in Council is
Mayiss5,aÂ« Q pleased to declare that the undermentioned offences, when
noto. no. 133, * committed in a village-tract, shall be triable by village
1825,and No. ' committees or headmen in the areas indicated in each-

198, dated 20th

Oct. Mas. case :â€”

(1) Throughout Burma.â€”Offences punishable under
sections 294, 504 and 510 of the Indian Penal Code, and cases
of simple hurt, where such cases would fall under section 323
of the Indian Penal Code.

(2) In Lowzr Burma only.â€”Offences punishable under
section 9 of the Burma Embankment Act, 1909.

(3) In the Insein, Amherst, Magwe, Minbu, Pakdkku and
Thayetmyo Districts and in tin Mogok Subdivision of thi
Katha District.â€”Offences punishable under section 26 of
the Cattle Trespass Act, 1871.

Promt, Bassein, Henzada, Toungoo, Amhzrst, Minbu
Mandalay, Lower Chindwin and Miiktila Districts and in the-
MogSk Subdivision of the Katha District.â€”Offences punish-
able under section 3 of the Burma Highway Act, 1907.

15) In the Minbu, Mandalay, Shwzbo and Kyaukse
Districts. â€” Offences punishable under clause (4) of section
75 of the Burma Canal Act, 1905.

(6) In the Mandalay, Shw&bo, Miikiila and Kyaukse
Districts and in the Sagu, Pwinbyu and Salin Townships of
thz Minbu District.â€”Offences punishable under clause (11)
and clause (12) of section 75 of the Burma Canal Act, 1905.

The following notifications t are hereby superseded :â€”

1 # * # * *

* For orders regarding powers of village committees or headman in criminal!
cases, see paragraph 13, page 78.

/

RULES AND ORDEfeS UNDER SECTIONS 6, 24 AND 29. 33

* RULES TO REGULATE THE TRIAL OF CIVIL
SUITS BY HEADMEN OR VILLAGE COM-
MITTEES.

In exercise of the powers conferred by section 29, sub- Sec.29(1)6).
section (1), clause (/), of the Burma Village Act, 1907, as g.d.noi.no.
amended by the Burma Village Amending Act, 1924, the D^CMa*.20"*
Governor in Council is pleased to make the following rules to
regulate the matters referred to in that clause:â€”

1. The plaintiff may begin his suit either by making an
oral complaint, to be reduced to writing by or under the orders

â– of the headman, or by presentation of a written plaint.

2. On the institution of a suit the chairman of the commit-
tee shall cause to be served on the defendant a written notice
specifying the name of the plaintiff, the nature of the claim
and the time and place at which the suit will be tried, and direct-
ing the defendant if he wishes to dispute the claim, to appear
with his witnesses at the time and place fixed. He shall also
inform the plaintiff of the date so fixed.

3. At the time and place fixed the committee shall pro-
ceed to hear and try the case. They shall examine the parties
and their witnesses and deliver judgment.

4. The chairman shall record or cause to be recorded the
names of the witnessess and the substance of their evidence
and a brief statement of the grounds for the committee's order
which statement shall be signed by all members present.

5. The committee may adjourn the case from time to
time, noting the dates of adjournment on the record, either to
obtain the attendance of further witnesses or for any other
reasonable cause.

6. The committee shall decide whether the unsuccessful
party shall pay the costs of the other party or not. They may
award as costs any reasonable charges incurred by the
successful party for the purposes of the suit, provided that the
total costs, including the fee prescribed by section 6, sub-section
(4), of the Act, shall in no case exceed one-quarter of the
value of the suit.

7. If the plaintiff does not appear at the time and place
fixed, the committee shall dismiss the suit, unless for any
reasonable cause they think proper to adjourn it. Similarly
if the defendant fails to appear, the committee shall proceed
with the trial in his absence, unless for some special reason they
â€¢think better to adjourn. In the former case, if their decision is

â€¢ For orders on this subject, ste paragraph 12, page 77.

32 IP ART II.â€”STATUTORY RULES AND ORDERS.

in favour of the plaintiff, a copy of it shall be served upon the
defendant, and if the latter within ten days appears before the
committee and proves that he was unable to attend, the
committee shall hold a fresh trial, provided that the costs of
the second trial shall in all cases be borne by the defendant,
whatever the result. A suit dismissed on account of the non-
appearance of the plaintiff may similarly be re-opened within ten
days on sufficient cause shown.

8. If the unsuccessful party neglects or refuses to pay
the amount awarded within ten days, the committee may, on
the application of the other party, serve the unsuccessful party
with a notice, directing him to pay to the headman the amount,
with one rupee additional as a fee, within five days- If the debtor
still neglects to pay, the headman shall, after the expiry of the
five days, attach and sell by public auction so much of the
debtor's moveable property as is sufficient to defray the amount
awarded together with the fee. The headman shall, out of the
proceeds of the property, pay the amount awarded to the
successful party ; the balance, after deducting the fee of one
rupee, shall be returned to the judgment-debtor. The head-
man shall record a brief note of any action taken by him under
this rule and shall file it with the record of the suit.

9. If the judgment-debtor has removed to another village-
tract the committee shall inform the headman of the debtor's
new village-tract by writing to him and sending the notice
above mentioned, and the second headman shall then proceed
to recover the amount as if he had passed the order himself
the only difference being that he will pay the amount awarded

10. The headman shall be entitled to retain all fees for
execution of judgments as well as all fees levied under section
6, sub-section (4;, of the Act.

11. The headman shall keep an account of all fees in the
following form :â€”

Name of person from whom levied. Amount. Whether levied on the institution of a suit or On executing a judgment.
Rs. A. P.

RULES AND ORDERS UNDER SECTION 29.

33!

12. This account, together with the records of all suits
tried by the committee during the month under section 6,
shall, provided that the judgment has been satisfied, be sent
to the Township Officer not later than the 20th of the
following month : Provided that in the case of any particular
headman, the Deputy Commissioner may direct that the
account and records shall be submitted quarterly instead of
monthly. All such records shall be destroyed at the end of
the year following that to which they belong.

13. Whenever, after the institution of a suit before them, it
appears to the committee that the decision of the case involves
a difficult question of law, it shall be competent for them to
stay proceedings, to refund the institution fee and to recom-
mend the plaintiff to file a suit in a Civil Court.

General Department Notification No. 453, dated the gth
December 1908, is hereby superseded.

RULES FOR DISPOSAL OF FEES LEVIED
UNDER SECTION 6 (4) OR SECTION 9 (9) AND
FOR GENERALLY CARRYING INTO EFFECT
THE PURPOSES OF THE ACT.

In exercise of the power conferred by section 29, sub-Sec. 29(1)^)
section (/), clauses [g) and (z) of the Burma Village Act,
1907, the Governor in Council is pleased to make the following ?3,datSafith'
rules for the disposal of fees levied under section 6, sub- May1M6-
section (4), and section 9, sub-section (9), and for generally
carrying into effect the purposes of the Act:â€”

RULE UNDER CLAUSE (g) FOR THE DISPOSAL
OF FEES LEVIED UNDER SECTION 6, SUB-
SECTION (4) AND SECTION 9, SUB=SECTION

(9).

1. All fees levied under section 6, sub-section (4), and
section 9, sub-section (p), of the Act, may te retained by the

34 IP ART II.â€”STATUTORY RULES AND ORDERS.

RULES UNDER CLAUSE (?) PRESCRIBING!

WRITTEN RECEIPTS.

2. A register of all cases decided by a village com-
mittee or headman under section 9, sub-section (1), and of all
fees levied and fines imposed under section 9 or section 1 a
of the Act, shall be kept by every headman in the form
prescribed by the Local Government.*

3. The headman shall give a written receipt for all fines
paid to him under section 9 or section 12 of the Act.

RULES UNDER CLAUSE (i) REGARDING REMIS-
SION OR REFUND OF FINES.

4. The Deputy Commissioner may order the remission
or refund of any fine imposed under the Act, provided that
when the amount to be remitted or refunded exceeds Rs. 500,
the previous sanction of the Commissioner to the refund or
remission shall be necessary.

5. A Subdivisional Officer may order the remission or
refund of any fine imposed by a village committee or headman
under section 9 of the Act in any case that comes before him
in revision.

6. Any fine imposed under the Act may, if irrecover-
able, be written off bv the authority competent, under Rules 4
and 5, to remit or refund such fine.

RULE UNDER CLAUSE (i) REGARDING SUPPLY;

OF INFORMATION TO MILITARY OFFICERS.

7. All headmen in Upper Burma shall, when requiredÂ»
give information to Military Officers in command of posts or
of parties or columns or travelling on duty.

RULE UNDER CLAUSE 0 REQUIRING HEAD-
MEN TO REPORT ESTABLISHMENT OF

CUTCH CAMPS.

8. With the view of furthering the detection of persons
engaging illicitly in the cutting and boiling of cutch, every
village headman in Uppar Burma shall report to the nearest

â™¦ t'i- f â–  Miscellaneous

The form is nrr-==â€”â€¢

Villages 27

RULES AND ORDEfeS UNDER SECTIONS 6, 24 AND 29. 35

Civil Officer the establishment of any cutch-boiling camp in
or near his village-tract. The officer receiving the informa-
tion will, without loss of time, communicate it through the
Deputy Commissioner, to the Divisional Forest Officer
concerned.

General Department Notifications Nos. 454, dated the
9th December 1908, 367, dated the 2nd December 1910, and
249, dated the 22nd September 1919, are hereby superseded..

* REVISION OF DECISIONS OF VILLAGE COM-
MITTEE OR HEADMEN IN CIVIL SUITS-

With reference to sub-section (2) of section 6 of the Sec.(6)(2).
Burma Village Act, 1907 (Burma Act VI of 1907 , the
Lieutenant-Governor appoints the f Township Officer to be the
authority to revise the decisions of village committees or
headmen in suits tried in exercise of the powers conferred vm.
under sub-section (/) of the said section.

General Departmfent Notification No. 17, dated the 22nd
January 1904, is hereby superseded.

-* DELEGATION TO SUBORDINATE OFFICERS
OF THE POWERS OF A DEPUTY COMMIS-
SIONER UNDER THE ACT.

In exercise of the powers conferred by section 24 of the Sec<24*

Burma Village Act, 1907 (Burma Act VI of 1907), the g.d. noto.no;
Lieutenant-Governor authorises Subdivisional Officers to exer- i^a1,4"1

cise within the limits of their respective subdivisions the power dTn^no?'Â®

of the Deputy Commissioner, under sub-section (2) of section m's'!astbMv
23 of the said Act, to revise orders passed by village com-
mittees or headmen under section 9.

In exercise of the power conferred by section 24 of the Sec. 24.
Burma Village Act, 1907, as amended by the Burma Village <*.d.Note.No.

/ A J \A i â€¢ i e / \37>datcd ^^

(Amendment) Act, 1921, and with reference to paragraph 2 {2) Feb.i92Â«.
(a)â€”(a?) of Forest Department Circular No. 42 of 1923,$dated * For instructions regarding- the exercise of these powers, ste paragraphs 141 and 141, paues 108 and 109, t Township Officers, as revising authorities have inherent powers under section 151 of the Civil Procedure Code to examine parties and witnesses in civil cases on oath which ihey are empowered to administer (vide General Department letter No. 196D26, dated atst May 1926, to Commissioners and Deputy Commis- sioners). J This circular relates to instructions regarding forest villages and is rep roduced in Appendix V, at page 138, post. 36 IP ART II.â€”STATUTORY RULES AND ORDERS. the 15th October 1923, the Governor in Council is pleased to empower Divisional Forest Officers to exercise the following' powers under the said Act in administering forest villages which have been declared by the Deputy Commissioner to be village-tracts under section 5 (/) thereof:â€” (a) to appoint rural policemen in Lower Burma under section 5 (3) of the Act ; (b) to issue orders for the requisitioning of supplies for travellers other than Government servants under section 8 (/) (Â£â€¢) of the Act ; (1c) to impose fines under section 10 of the Act on head- men or rural policemen subject to revision by the Commissioner ; (.d) to exercise all the powers of a Subdivisional Officer under the Act. POWERS AND PRIVILEGES OF POLICE OFFI- CERS CONFERRED ON HEADMEN AND ON RURAL POLICEMEN AND DUTIES TO BE PERFORMED BY RURAL POLICEMEN. In exercise of the powers conferred by section 29 of the Sec.29(1)(a) Burma Village Act, 1907 (Burma Act VI of 1907), the Lieu- (b) and (c). tenant-Governor is pleased to make the following rules under Soldatedsth' clauses (a). (b) and (c) of sub-section (/) of the said section. des.1908. RULES UNDER CLAUSE (a), CONFERRING ON HEADMEN AND ON RURAL POLICEMEN POWERS AND PRIVILEGES OF POLICE OFFICERS. 1. Headmen of village-tracts are empowered to search for and arrest any person who is liable to be arrested by a police officer under any of the circumstances mentioned in section 54 of the Code of Criminal Procedure, 1898. 2. The powers and privileges exercised or enjoyed by a police officer under the Police Act, 1861, and the Code of Criminal Procedure, 1898, shall be exercised and enjoyed by rural policemen in Lower Burma. RULES AND ORDEfeS UNDER SECTIONS 6, 24 AND 29. 39 RULES UNDER CLAUSE (6), PRESCRIBING THE DUTIES TO BE PERFORMED BY RURAL' POLICEMEN IN LOWER BURMA., 3. Every rural policeman shall be boundâ€” (i) to search for and arrest any person whom he has reason to believe to have been concerned in the commission, or attempted commission, of any offence referred to in section 7 of the Act and to recover, if possible, any property taken by any such person; (ii) to arrest any person found lurking within the limits of the village-tract who cannot give a satisfactory account of himself ; (iii) to deliver to the headman any person arrested by him or made over to his custody, together with any weapon or other article likely to be useful as evidence ; (iv) to resist any unlawful attack made upon any village within the village-tract ; (v) to assist the headman in registering all births and deaths which take place within the village-tract, and any other vital statistics which the headman may be required to register; (vi) to supply, to the best of his ability, any local infor- mation which any Magistrate or officer o.f police may require ; (vii) generally to assist the headman and all officers of the Government in the execution of their public duties. 4. Every rural policeman shall perform all the duties imposed on a police officer by the Police Act, 1861, and the. Code of Criminal Procedure, 1898. RULES UNDER CLAUSE (c) REGULATING THE EXERCISE, ENJOYMENT AND PERFORM- ANCE OF THEIR POWERS, PRIVILEGES AND DUTIES BY RURAL POLICEMEN IN LOWER BURMA. 5. The powers privileges and duties above described shall be exercised, enjoyed and performed by every rural policeman in subordination to the Deputy Commissioner, Subdivisional Offi cer, Township Officer, District Superintendent of Police* ^and heaidman of the village-tract. 38 IP ART II.â€”STATUTORY RULES AND ORDERS. Sec. 21(3). G. D. Not, No. SB, dated 6th Feb. 1986. Rules i to 4 of the rules published in Judicial Department Notification No. 332, dated the 7th August 1889, Judicial Department Notification No. 337, dated the 26th November 1895, and Judicial Department Notification No. 283, dated the 18th August 1896, are hereby superseded. ORDERS REGARDING PWES.* In exercise of the power conferred by section 21, sub- section (j), of the Burma Village Act, 1907, the Governor in Council is pleased to declare that the entertainments, perfor- mances or assemblies enumerated in the first column of the subjoined table shall'be deemed for the purposes of that section to be pwes in respect of the local areas noted opposite in the second column of the subjoined table. Entertainments, performances or assemblies. Payapvies (Pagoda festivals), Pongyi byans (obsequies for Buddhist monks) .and circuses. Local areas. The Pegu and Irrawaddy Divisions, the Akyab District except the Minbya Township and the Kyaukpyu, Ramree, Cheduba and Myeb&n Townships of the Kyaukpyu District in the Arakan Division, the Sagairig, Shwebo and Lower Chindwin Districts, the village- tracts forming MogSk and Thabeik- kyin in the Katha District, the Mingin^ Kalewa, Masein and Kindat village- tracts of the Upper Chindwin District in the Sagaing Division, the Kyauksfe, Meiktila, Yamfethin and Myingyan Districts, the Amarapura, Patheingyi, Singu and Madaya Townships of the Mandalay District in the Mandalay Division, the Allanmyo Township of the Thayetmyo District, the Magwe, Yenangyaung and Satthwa Townships of the Magwe District, the Sagu, Pwinbyu and Salin Townships of the Minbu District, the PakSkku and Yesagyo. Townships of the Pak6kku District in the Magwe Division, the Toungoo, ThatSn, Amherst, Tavoy and Mergui Districts in the Tenasserim Division, except (i) t'ne Township of Leiktho and the Mebalan ard Tabye Circles in the Tantabift TownShip of the Toungoo District; (a) the village- tracts in the Pa-an and Hlaingbwfe Townships of the 'I'hatSn District ex- cluded in Schedule I to the Burma Rural Self-Government Act. 1921, and (3) the village-tracts lying out- side Supplementary Survey in the Kawkareik and Kya-in Townships oif the Amherst District. ealso paragraph 144, page 110. RULES AND ORDEfeS UNDER SECTIONS 6, 24 AND 29. 39 Entertainments, performances or assemblies. Local areas. Wrestling matches The Arakan Division. Foot-races Public performances known as anyein pvies when performed for profit or by travelling troupes who tour for the pur- pose of performing such pioes and all horse and pony * race-meetings. The Irrawaddy Divfsion, the Pegu Division and the That&n Distiict of the Tenasserim Division. The whole of Burma. Cinematograph exhibitions, variety entertainments and fancy fairs held for public amusements. * The Pegu Division, the Mandalay, Kyauksfe, Meiktila, Yamfethin and Myingyan Districts of the Mandalay Division, the Shwebo, Katha, Bhamo and Myitkyina Districts of the Saga- ing Division, the Arakan Division, the Irrawaddy Division, the Tenasserim- Division and the Magwe District of the Mag we Division. Assemblies known as nat pviUs The Tavoy District of the Tenasserim Division and the Magwe District of the Magwe Division. General Department Notifications Nos. 449, dated the 9th December 1908, and 74, dated the 19th May 1925, are hereby superseded. f REGISTRATION OF BIRTHS AND DEATHS. In exercise of the powers conferred by section 29, sub-, section (/), clause (d), of the Burma Village Act, 1907, the N^iofdSJ;0^ Government of Burma (Ministry of Public Health) is pleased to make the following rules for the registration of births and deaths in village-tracts, in supersession of the rules promul- gated in General Department Notification No. 154, dated the 17th April 1922, as amended by this Department Notification No. 107, dated the i4th November 1923, and to declare that * For instructions regarding the issue of licenses for horse and pony race- meetings, see Appendix IV, page 136, post. t For instructions for the collections and record of vital.statistics laid down with' reference to these rules, see paragraphs 77 to 87, pages 94 to 96. 42 IP ART II.â€”STATUTORY RULES AND ORDERS. the registration of births and deaths shall, in accordance with the rules prescribed hereunder, be enforced in all village tracts in the undermentioned areas : â€” Arakan Division. North-West Border Division. All districts (excluding the Hill All Districts (excluding the District of Arakan). Pakokku Hill-tracts, Chin Hills and Hkamti, Thaung- dut andtheSomra Tracts) Plgu Division. All Districts. Rangoon Division. North-East Frontier Division. All Districts. All Districts (excluding the Irrawaddy Division. ^ Kachin Hill Tracts) except All Districts. Putao. Mandalay Division. Tenasserim Division. All Districts. All Districts. 1. Every birth and death ocearring in a village-tract shall 'be reported to the headman within seven days of the date of such occurrence by the owner of the house in which it occurs, or if the owner is absent or unable to report, then by the eldest adult male living in the house, or if such eldest male is unable to report, then by the eldest adult female living in the house. Note.â€” If a death occurs in the case of a traveller, the fact shall be imme- diately reported to the headman by the attendant or person taking charge of or finding the body. 2. The headman shall make it generally known that any person, being bound to report a birth or death and neglecting to do so within the prescribed period, is liable to punishment under section 12 of the Burma Village Act, .1907. * 3. On receipt of information as to the occurrence of a birth within his village-tract, the headman shall enter it first in the birth register in Form H and then in the bifoil book in Form C. One of the foils shall be sent when due to the Township Office, unless the Deputy Commissioner otherwise directs, in which case he shall send it to the nearest police- station, and the other shall be retained until the child's name is reported. At the time of registration of birth the person reporting the event shall be instructed by the headman to report the name of the child as soon as it is named when it shall be recorded in the Birth Register in Form H and a completed foil shall be handed to the person reporting the name.____ * For rules relating to duties of headmen in connection with vaccination, set page 42. RULES AND ORDERS UNDER SECTION 29. 43! 4. On receipt of information as to the occurrence of a death within his village-tract,'the headman shall enter it first in the death register in Form I, and then in the bifoil book in Form D, giving one of the foils to the person reporting the death and keeping the other to be sent when due to the Township Office unless the Deputy Commissioner otherwise directs, in which case he shall send it to the nearest police- station. 5. When, for any reason, the headman is obliged to leave his village for some time or is incapacitated from performing his duties by illness or other cause, he shall deposit the foils collected with a member of the village committee, or failing such member, any other elder of the village or some other responsible person, and shall make the necessary arrangements to ensure the foils being safely despatched to the Township Office or the police-station, as the case may be, if they should become due during his absence. 6. The'headman shall send the birth and death foils within three days at the end of the month for which they are due to the Township Office, unless the Deputy Commissioner other- wise directs, in whieh case he shall send them to the nearest police-station as under : â€” (Ð°) From villages within 5 mil-is o* a p )'ice-s:ation Monthly. (Ð±) From villages over 5 miles a id u idsr 2 ; miles from a police-station ... ... Quarterly. (c) From distant village-tracts ... ... Half-yearly (January and July) Example,.â€”Headmen of village-tracts within 5 miles of a police-station shall send foils for October, November and December by the 3rd of November, December and January respectively. The headman of village-tracts over 5 miles of a police-station shall send their foils' for October, November and December on or before the 3rd of January. The foils from distant village-tracts for six months from January to June and July to December shall be sent on or before the 3rd of July and 3rd of January, respectively. 7. When the headman sends in the foils to the Township Office or the police-station, as the case may be, the book of Form E " '^aS-ea shall accompany them. This shall be signed by the head clerk of the Township Office or by the station-writer and be returned to the bearer. 44 IP ART II.â€”STATUTORY RULES AND ORDERS. Note- Form C Public Health Guard Book Form 20S Form D Do. Do. 21S Form E Do. Do. 22S Form H Do' Do. 20S (6) Form I Do. D6. 21S (b) DUTIES OF HEADMEN FOR THE PREVENTION OF THE SPREADING OF SMALL-POX. Sec. 29(i)(d) In exercise of the powers conferred by section 29, sub-section (1), D ofPH Not c'ause (^)t Burma Village Act, 1907, and with reference to the No.78,"dated ' provisions of section 8, sub-section (I), clause (k), of the Act, the u*ameBdedSby Governor in Council is pleased to make the following rules prescribing Souri "99 the duties to be performed by the headmen for the prevention of the. icarrig!, dated spreading of small-pox in all village-tracts in the areas mentioned under Sod Oct. 1S25 r ^ 1 o ' this Department* Notification No. io, dated the nth February 1925 :â€” 1. The headmen of villages shall give such assistance to Inspec- tors of Vaccination and Public Vaccinators, as the Deputy Commissioner may on the advice of the Superintendent of Vaccination from time to time direct. 2. When the birth of a child isreported for registration-under rule 3 of the rules published in this Department* Notification No. 10, dated the nth Fearuary 1925, the headmen in districts to which the Vaccination Acts have been extended shall issue the following notice to the parents of the child:â€” Notice to Parents regarding Vaccination. Dated No: To You are hereby informed that under the t .Vaccination Act of 1880 you are required to have your child vaccinated not later than six months afteri^i- birth her RULES PRESCRIBING DUTIES OF PERSONS RESIDING IN A VILLAGE-TRACT, IN RE- SPECT OF PUBLIC NUISANCES AND SANI= TATION, CONTAGIOUS OR INFECTIOUS DISEASE AMONG HUMAN BEINGS AND FIRES AND THE DUTIES OF HEADMEN IN RESPECT OF PUBLIC NUISANCES AND SANITATION CONTAGIOUS DISEASES AMONG HUMAN BEINGS AND FIRES. Sec.29(i)(d) In exercise of the powers conferred by section 29, sub" G.D.Notfl.No section 1, clause (d), of the Burma Village Act, 1907 (Burma <61. dated Sth '____ Dec. 1908, as â€”-----: ~ amended byG. â€¢ paee ,Q ante. t Burma Code, Volume 1, page 54. D. Not. No. a " 888, dated 28th RULES AND ORDERS UNDER SECTION 29. 43 Act VI of 1907), the Lieutenant-Governor is pleased to make ^"M?' the following rules :â€” ^wlSf Jan. 1912, No. 8C2, dated Â»th RULES PRESCRIBING DUTIES OF PERSONS MM RESIDING IN A VILLAGE-TRACT, IN RE-*^.^ SPECT 6F PUBLIC NUISANCES AND SANI-aa^jft TATION. Sep. and 1. No person residing in a village-tract shall allow any Sec. 19%." house or land occupied by him to be kept in a filthy or insani- tary condition, or overgrown with weeds or rank vegetaiion. 2. No person residing in a village-tract shall allow any corpse of a human being, unless embalmed or enclosed in an airtight coffin, to be kept unbuiied or uncremated for more than 48 hours in any house or land occupied by him without the special sanction in each case of the Deputy. Commissioner, ' Civil Surgeon, Subdivisional Officer or Township Officer : Provided that between the first day of November and last day of February inclusive, corpses may be kept unburied or uncremated for 72 hours. 3. No person residing in a village-tract shall burv a corpse or cause a corpse to be buried at a depth of less than five feet, or within thirty yards of any well tank or stream, or of any dwelling-house. No person residing in a village-tract shall throw a corpse or cause it to be thrown into a river, creek qr water of any kind. 4. Except with the permission of the headman no person residing in a village-tract shall burn or bury or deposit the corpse of a human being in or at any place other than a burial- ground set apart by the headman. â€¢ 5. No person residing in a village-tract shall allow any latrine or cess-pit on any house, enclosure or land occupied by him to be kept in a filthy or insanitary condition. Cess-pits shall be closed periodically. 6. No person residing in a village-tract shall build any new house in any village within 20 feet of the front or back or 6 feet of the side of any existing house. RULES PRESCRIBING DUTIES OF THE HEAD- MAN OF A VILLAGE-TRACT, IN RESPECT OF PUBLIC NUISANCES AND SANITATION. 7. The headman shall require residents of the village-tract to carry out the provisions of the preceding rules. 4 u IP ART II.â€”STATUTORY RULES AND ORDERS. 8. The headman shall set apart one or more places in each village-tract as burial grounds. 9. The headman shall cause to be removed immediately from any canal, tank or other source of water-supply within the limits of his village-tract, the dead body of ariy animal found therein and shall cause the same to be buried. 9A. The headman shall cause the immediate destruction of any flesh or article of food or drink which has been declared by a District Public Health Offi cer, or any Sanitary Officer empowered by the District Public Health Officer in this behalf, to be unfit for human consumption. 10. The headman shall set apart in each village under his control one or more wells for drinking purposes, and shall cause to be constructed round each well a parapet two feet high, and shall not allow bathing or washing of clothes within 20 yards of any such well, and shall not allow the ground" within 20 yards of such well to be defiled by filth, rubbish or otherwise. If the water-supply is from tanks, the headman shall reserve one tank for drinking purposes only, shall keep clean the banks thereof, and shall not allow bathing, washing of clothes or watering of cattle therein. 11. The headman shall cause the villagers to undertake annually such measures for the maintenance of and the removal of silt from all drinking-water tanks in his village-tract which are not the property of private individuals as the Deputy Commissioner may, on the advice, if necessary, of the Execu- tive Engineer, direct, 12. If so directed by the Deputy Commissioner of the Myitkyina District in respect of the village-tracts of Myitkyina, Myoma, Minyat and Shanzu in the Myitkyina District, the headmen of these village-tracts shall, during the months of November to May inclusive, reserve the Irrawaddy river above the American Baptist Mission compound for the drawing of water for domestic purposes, and in such case the headman shall not allow bathing, washing of clothes or other articles, watering of cattle or mooring of boats alongside the bank above the said Mission compound. 12A. If so directed by the Deputy Commissioner of the Bhamo District, the headman of the village-tract of Shwegu in the Bhamo District shall throughout the year reserve on the western bank of the Irrawaddy such places not exceeding nine in all, which shall be notified by public notice as required for approaches to the river, for drawing drinking water and for RULES AND ORDERS UNDER SECTION 29. 45! bathing and for washing clothes, and at these places after they have been clearly demarcated by posts, he shall not permit rafts o' timber or bamboos to be tied up. 13A. In the case of villages which are situated near the bank of a river or stream, the headman shall, as far as possible, keep the foreshore free from houses up to a distance of forty feet from the bank. He shall require all houses hereafter built or re-built to face the bank of the river or stream, and shall not allow latrines to be erected between the houses and the bank of the river or stream: Provided that this rule shall not apply in Lower Burma except to the Thayetmyo District and the Pegu Division. 13B, In the case of villages which are situated near the bank of a river or stream, the water of which is ordinarily used for drinking purposes, the headman shall, as far as possible, keep the foreshore free from houses up to a distance of forty feet from the bank. He shall tequire all houses here- after built or re-built to face the bank of the river or stream, and shall not allow latrines to be erected between the houses and the bank of the river or stream : Provided that these rules shall be in force in the Arakan, Irrawaddy and Tenasserim Divisions only, 14. The headman shall see that all latrines in each village under his control are screened by a sufficient roof and wall from the view of passers-by or persons residing in the neigh- bourhood. 15. The headman shall cause the streets and lanes in each village under his control to be kept free from weeds, ia good order, and in a sanitary condition. 16. The headman shall mark out a place near, but outside each village under his control where rubbish may be deposited, and shall cause the rubbish to be burnt or worked into the land at ploughing time. RULES PRESCRIBING DUTIES OF PERSONS RESIDING IN A VILLAGE=TRACT, IN RE=> SPECT OF CONTAGIOUS OR INFECTIOUS DISEASE AMONG HUMAN BEINGS. 17. No person residing in a village-tract shall keep the corpse of a human being who has died of cholera, small-pox, unusual fever accompanied by glandular swellings, or other infectious or contagious disease, for more than six hours unburied or uncremated in any house or land occupied by him. 46 IP ART II.â€”STATUTORY RULES AND ORDERS. 17A. Every person residing in a village-tract shall, witho at delay, report to the headman the occurrence of any disea se of the kinds described in Rule i8a which iru.y come to his knowledge. * 17B. Every person residing in a village-tract shall rep ort forthwith to the headman the occurrence in the premises owned or occupied by him of any unusual mortality am ong rats. RULES PRESCRIBING DUTIES OF THE HEAD= MAN OF A VILLAGE-TRACT IN RESPECT OF CONTAGIOUS OR INFECTIOUS DIS= EASE AMONG HUMAN BEINGS. 1 8a. The headman shall at once send a report in form " Sanitary 9S " to the Township Officer, Subdivisional Officer or Deputy Commissioner, whichever officer happens at the time to be nearest (in the Tenasserim Division he may, instead of sending it to any of these officers send it to ihe officer in charge of the police-station or police outpost within the jurisdiction of which his village-tract is situated) of the occurrence of cholera, sn all-pux, or any case of unusual fever accompanied by glandular swellings within his village-tract. He shall also send a regular weekly report of the progress of the disease, so long as it continues. i8b. The headman of a village-tract which is not infected with cholera or small-pox may forbid and take all reasonable means to prevent the entrance into his village-tract of any person (other than a Government officer on duty) who comes from an area infected with cholera or small-pox for a period of ten days from the date on which he left the infected area. 18c. Should any such person as is mentioned in Rule 18b of these rules enter the village-tract notwithstanding such prohibition by the headman, the headman may take all reason- able means to expel him. i8d. Should any person be found to be suffering from cholera or small-pox within a village-tract, the headman may require him, either to remain segregated within his house if this is sufficiently distant from other dwellings to avoid risk of spread of infection, or to remove to a specified area within the village-tract, and there remain segregated until cured ; in the case of cholera for 10 days from commencement of the illness and in that of small-pox for 30 days from commencement of the illness, or until shown to be free of infection by the skin, being wholly clean of scabs. RULES AND ORDERS UNDER SECTION 29. 47! i8e. The headman of a village-tract may exercise similar powers to those conferred by the preceding rule with reference to any person who shall have been in contact with a sufferer from cholera or small-pox, either by residence in the same house or otherwise ; the period of segregation to extend to to days in the case of cholera and 13 days in that of small-pox after atl contact with an infected person, his effects, or premises, has ceased. If within the oerio^ of segregation such p ;rson be attacked by the disease, the headman may proceed in accordance with the provisions of Rule i8d. i8f. In the cases mentioned in Rules i8e and i8d the "headman may require ' the villagers to provide accommo- dation for and to maintain persons who are unable to support themselves. x8g. The headman may require a'l or any of the residents of a village infected wieh cholera within his village-tract, to which the Deputy Commissioner may by special order declare this rule to apply, to evacuate such village, and to occupy and remain within a specified area within the limits of the village-tract for such period as the Deputy Commissioner may by such order prescribe. ?8h. The headman may require the villagers to bury the body of any person who has died of any disease mentioned in Rule 17 181. The headman on receiving a report of unusual mortality among rats shall verify the same and thereafter report it to the Township Officer, ^ubdivisional Officer or Deputy Commissioner, whichever officer happens at the time to be nearest. In the Tenasserim Division the headman may, instead of reporting it to any of these officers, report it to the officer in charge of the police-station within the jurisdiction of which his village-tract is situated. JRULE PRESCRIBING DUTIES OF PERSONS RESIDING IN A VILLAGE=TRACT IN RE- SPECT OF FIRES- 19. Each house-owner or occupier in a village shall main- tain two hooked bamboos, two fire-beaters, and as many pots filled with water as there are front posts of his house. 48 IP ART II.â€”STATUTORY RULES AND ORDERS. RULE PRESCRIBING DUTIES OF THE HEAD- MAN OF A VILLAGE-TRACT IN RESPECT OF FIRES- 20. The headman shall see that fires or lights are not ignited, handled, or used in any village under his control in such a manner as to be dangerous to life or property. In teally serious cases, or wheie a fire results from careless action on the part of any of the villagers, he shall send a report of the matter to the nearest magistrate or police-officer. Rules made in this behalf by Commissioners of Divisions i section 6, sub-section (i), clause l/i. of the Lower Burma Villnge Act, sections, clause 1889 (III of 18891 , , , , Xiv of iss7â€” Â» are hereby superseded. DUTIES OF THE HEADMAN AND RESIDENTS OF A VILLAGE-TRACT IN RESPECT OF THE PREVENTION OF THE SPREADING OF LEPROSY. Sec 29(1 )(rf) exercise Â°f the powers conferred by section 29, sub- g d not n ' sect'on (')Â» clause {u), of the Burma Village Act, 1907, the notuiis1'*' Lieutenant-Governor is pleased to make the following rules amendediJyg. prescribing the duties to be performed by the headmen and D. Nots. No. . , r -ii â€¢ r i â€¢ r^i 17a, dated isth residents or village-tracts in respect of the prevention or the Tone 1917, No. J" fl 247*dated8th spreading or Jeprosv :â€” Amr. 101 7 Wn 1 or J ie undermentioned *areas :â€” Magwe Division. All Districts. Mandalay Division. All Districts. Sagaing Division. Shwebo District. Sagaing District. Bhamo District. Myitkyina District. Katha District. 61, dated 12th Mar. 1919, No. 191, dated 30th July 1919, No. 7, dated 8th 'Feb.iS)2I, No. 362, dated 20th Â» Oct. 1921, No. 630, dated 27th Jan. 1923, No. 185, dated 13th Oct. 1925 and No. 44, dated 9th March 1926. i. These rules shall apply to th Arakan Division. Hill District of Arakan Pegu Division. Hanthawaddy District. Tharrawaddy District, Pegu District. Prome District. Irrawaddy Division. AH Districts.' * Divisions and Districts have been re-arranged in accordance with General Department Notification No. too, dated the 2cth Jure 'â– g'-S, RULES AND ORDERS UNDER SECTION 29. 49! Tenasstrim Division. Sagaing Divisionâ€”concld. The village-tracts of Waing- Lower Chindwin District, pat, Saze and Songon in the Upper Chindwin District. Shwegyin Township, and Taungseik and Daungun in the Kyaukkyi Township of the Toungoo District, Amherst District. Thaton District. Tavoy District. 2, The headman shall call upon any person residing within the village-tract, who has been declared by the Civil Surgeon of the district, or by any other medical officer not below the rank of Sub-Assistant Surgeon deputed in that behalf by the Civil Surgeon, to be affected with leprosy, to remove his residence to a place to be prescribed by the Deputy Commis- sioner in this behalf. 3. In any place to which such persons have been removed under Rule 2, the headman shall provide wells or tanks for their use, one of which shall be reserved for drinking purposes only. The headman shall prohibit such persons using for any purpose the water of any river, stream, canal, tank, pond or well other than that of the wells or tanks so provided.. 4. Any person residing in a village-tract who has been so required by the headman as aforesaid shall be bound within seven days to remove his residence to such place as may be prescribed by the Deputy Commissioner in this behalf and shall refrain from using for any purpose the water of any river, stream, canal, tank, pond or well other than that of the wells or tanks provided by the headman under Rule 3. 5. The headman shall not allow any leper to expose for sale any articles of food or drink or to act as a water carrier outside the place set apart uhder Rule 2. The following notifications t are hereby superseded :â€” 4S * Â» * DUTIES OF THE HEADMAN AND RESIDENTS OF A VILLAGETRACT IN RESPECT OF THE PREVENTION AND SUPPRESSION OF Sec. 29(1)^) CATTLE DISEASE. _ In exercise of the power confeired by section 29, No^Ma"^ sub-section (/), clauses (d) and (h) of the Burma VillageÂ« amended by Act, 1907, as amended by the Burma Towns and Village N""s?,'datÂ£Â» Amendment Act, 1912, tfie Lieutenant-Governor is pleased to No'.Iil&tcd'wi ____May 1919 and f List of notifications omitted. w'hSepfiMO. 50 IP ART II.â€”STATUTORY RULES AND ORDERS. make the following rules in supersession of those published in this department Notification No. 90 of the 9th December 190S, for the prevention and suppression of contagious and infectious disease among cattle in village-tracts : â€” GENERAL RULES. 1. These rules which ma)'be cited as "The Cattle Disease Rules, 1914," apply to all areas in which the Burma Village Act, 1907, is in force except the undermentioned areas:â€” (1) In the Toungoo District: the Tantabin. Township except the Bonmadi and Tantabin Circles, and the whole of the Leiktho Township. (2) The Salween District; except the part of that district described in General Department Notification No. 313, dated the 1 st December 1905, (3) In the Mergui District ; the Tenasserim, B8kpyinand Maliwun Townships, (4) In the Mandalay District: the Eastern and Western Subdivisions. Provided that the Commissioner may at any time direct that the rules shall apply, either temporarily or permanently, to any part of the excluded areas which falls within his jurisdiction and may at the same time declare the Officer, who shall be Township Officer, Subdivisional Officer or Deputy Commissioner for the purposes of the rules. 2. In these rules :â€” (1) "Animal" and "Cattle" mean kine, buffaloes, sheep and goats, and such other beasts* as the Commissioner * Ponies were declared to be cattle or animals for the purposes of these rules in the Sagaing Division, the Bhamo and Ruby Mines Districts (now IVogSk Sub- division of the Katha District), and the Amherst and Toungoo Districts, by notification by the Commissioner, Sagaing division No. 129, dated the 13th December 191S, by notifications by the Commissioner, Mandalay Division, Nos. 155 and 156, dated the 14th December 1915. and by notification by the Commis- sioner, Tenasserim Division, N0.18, dated the 20th January 1916. Mules were declared to be cattle or animals for the purposes of these rules in the Sagaing Division and in the Bhamo and Ruby Mines Districts (now Mogdk Subdivision of the Katha District) by notification by the Commissioner, Sagaing Division, No. 120, dated the 13th December 1918, and by notifications by the Commissioner, Mandalay Division, Nos. 155 and 156, dated the 14th December 191 Elephants were declared to be cattle or animals for the purposes of these rules in the Toungoo, Tavoy, Salween and Amherst Districts, and the Pegu, In^ein and Tharrawaddy Districts, by notifications bv the Commissioner, Tenasserim Division, No. 7, dated the 13th January 1916, and Mo. 18, dated the 20th January 19x6, and notification by the Commissioner, Pegu Division, No. 156, dated the nth December 1915. Pigs were declared to be cattle or animals for the purposes of tliese rules in the Bha li'. Disitrict by notification bv the Commissioner, Mindalay Division, No. 215, dated the 21st December igÂ«o. RULES AND ORDERS UNDER SECTION 29. 51! may from time to time declare to be cattle or animals for the purposes of these rules, (2) " Cattle-owner " includes any person who has cattle in his possession or under his charge. (3) " Commissioner " means the Commissioner of a Division and includes the Superintendent and Political Officer, Southern *Shan States and the Superintendents of the Northern *Shan States and the Chin Hills. (4) " Disease " means rinderpest, anthrax, foot-and- mouth disease, contagious pleuropneumonia, tuberculosis, glanders, and any other cattle-disease t which the Com- missioner may, from time to time, declare to be a disease for the purposes of these rules in respect of any area within his jurisdiction. (5) " Infected " means infected with any disease. 3. (1) In every village-tract in which there is suitable waste land or grazing-ground the headman shall set apart a place or places for the segregation of infected cattle and, in the case of rinderpest, for cattle which have been in the same herd with infected cattle. (2) If there is no waste land or grazing-ground available for such purposes, the headman shall report the fact to the Township Officer, who shall set apart for the cattle of such village-tract a suitable place or places in an adjoining villaga- tract or elsewhere, regard being had to the convenience of the villagers concerned. 4. All persons resident in a village-tract shall immediately report to the headman the outbreak of any disease in the village-tract, or in any neighbouring village-tract which may â– come to their knowledge. 5 Everv cattle-owner who brings cattle into any village- tract shall, if he has knowledge of the existence of any disease among such cattle or in any neighbouring village-tract through which they have passed, report the same to the headman. 'The Burma Village Act, 1907, has ceased to apply to the Shan States {vide Political Department notification No. 35, dated the 7th July 1925). t" Hsemorrhagic Septicemia " was declared to be a contagious or infectious disease for the purposes of these rules in the Sas District, by notification by the Commissioner, Sagaiu^ Division, No. 129, dated the 13th Dsce-nber 1518, and notification by the Commissioner, Mmdalay Division, No. 215, dated the sist December 1920. Surra has been similarly declared to be contagious or infectious disease for the purpuses of ihese rules in the Bhamo and R toy Mines Districts (now Mog6k Subdivision of the Katha District) and the Sagaing Division, by notifications of the Commissioner, Mandalay Division, Nos. 155 and i"6, dated the 14th December 191.5, and notification by the Commissioner, Sagaing Division, No. 129, dated the 13th December 1918. 52 IP ART II.â€”STATUTORY RULES AND ORDERS. 6. The headman of a'village-tract, on becoming aware of an outbreak of disease, shall take action as follows ; â€” (A) If the outbriak is in a neighbouring village-tractâ€” he shall without delay inform the headman of that tract unless he has already received from that headman the intimation prescribed under (L?) (4): (B) If the outbreak is in his own village-tractâ€”he shall (i; within 24 hours send a report * of the fact to the Township Officer, or to the Subdivisional Officer, or Deputy Commissioner, if either -of these officers is nearer than the Township Officer ; (2) cause the place or places set apart for infected or in-contact cattle under rule 3 to be enclosed and such cattle to be penned therein until permission for their removal has been granted by the Deputy Commissioner or an officer authorized by him in this behalf; (3) protect cattle watering-places from infection by infected or in-contact cattle or cattle in transit; (4) cause the headmen of adjoining tracts to be informed of the outbreak ; (5) cause cattle-owners in his tract to carry out any orders issued by an inspecting officer under rule 7. 7. On receipt of information that disease has broken out in a village-tract, the Deputy Commissioner, Subdivisional Officer, or Township Officer may appoint an officer to inspect all the cattle in that village-tract. Such inspecting officer may require all cattle-owners resident in or passing through the village-tract to bring their cattle for inspection to such place and at such time as he may direct, and may issue such orders for the better carrying out of rule 6 as may seem to him to te called for as a result of such inspection : Provided that any Veterinary Officer of the rank of Veterinary Assistant and upwards may perform the duties of an inspecting officer without further authorization under this rule in any village-tract under his charge which he has reason to believe to be infected. 8. On learning of the outbreak of disease within his juris- diction the Townsihp Officer shall at once inform the officers in charge of townships adjoining the infected area of such outbreak. Similarly the Deputy Commissioners shall inform the Deputy Commissioners of districts.adjoining the infected area. â™¦ ,n form Miscellaneous â€ž Headman>s tt of outbreak of cattle disease." Villages 13 RULES UNDER SECTION 29. 53 9. Every cattle-owner resident in or passing through a village-tract, on the outbreak of any disease among his cattle shall drive the infected cattle and, if the disease be rinderpest, all other cattle which have been in the same herd with the infected cattle, to a place set apart for this purpose under rule 3, and shall not remove the cattle therefrom without the permission of the headman. 10 Every cattle-owner resident in or passing through an infected village-tract shallâ€” (a) produce his cattle at the place and time (if any) appointed for their inspection under rule 7. and shall obey all orders issued by their inspecting officer under that rule; (b) obey all the directions of the headman issued under these rules and render him such assistance as he may require in enclosing the places set apart for infected cattle ; (c) burn daily all dung, grain, fodder, straw, litter, refuse or other thing which has or may have been in contact with an infected animal. 11. If an infected animal dies the owner shall bury the carcase within twelve hours after death at, or as near as possi- ble to, the spot where-the animal died, but at a distance of not less than 300 yards from,any houses, cattle-pens and customary watering-places a;id at a depth below the surface of not less than six feet. The carcase shall be buried with thn hide and horns, and after the carcase has been put into the ground the hide shall be slashed so as to render it unfit for tanning or any other use. If by reason of flood or for any other cause it is not possible to bury the carcase it shall be burnt together with the hide and horns. 11 A. No person shall disinter the carcase of an infected animal which has been buried or possess or sell any part of the carcase of such animal. 12. On the outbreak of disease the Deputy Commissioner or Subdivisional Officer may by order direct that the headmen of villages specially selected by him as being situated on the main roads or lines of communication shall for a period not exceeding three months from the date of such order cause notices proclaiming the existence of such disease to be affixed to trees on the roads, grazing-grounds, z.^yats, etc., or such other public places as such headmen may think fit, and that they shall also take such measures for the due segregation of all cattle passing through their village-tracts as may be, by general or special order, prescribed by the Inspecting Officer under rule 7 or any officer superior to him in rank. 54 IP ART II.â€”STATUTORY RULES AND ORDERS. 13. On the outbreak of any disease in his district or in a locality adjacent to his district, the Deputy Commissioner may direct that within such area of his district as he may define in this behalf, cattle shall not be removed from one village-tract into or through any other village-tract, or that cattle may be removed from all or certain of such village-tracts by certain routes only and subject to such conditions as he may prescribe. Within such area or areas a cattle-owner shall not remove or permit the removal of his cattle into or through a village-tract, except along the routes, if any, and subject to the conditions, if any, prescribed bv the Deputy Commissioner. 14. When an order has been issued by the Deputy Commis- sioner under the preceeding rule, the declaration setting out the area to which the order applies, the general prohibition 2gainst the removal of cattle and the routes and conditions, if any, prescribed for removal .shall be published by affixing a copy on the village notice-board in each village-tract within the area and in such other manner as the Deputy Commissioner may direct INOCULATION RULES. [The following rales apply Only to the Pegu Division and to the Bassein an Amherst Districts but n commissioner may in case of any outbreak occurring direct thai they shall apply to any area within his jurisdiction in which rules 1â€” 14 are in force.] 15. When rinderpest or any other contagious disease for which inoculation is practised under the authority of Govern- ment has appeared in any part of his district, the Deputy Commissioner may, cause the cattle in the infected area and in such adjoining areas of his district as he thinks fit, to be inocu- lated with the consent of the owners. 16. The Deputy Commissioner shall notify to the head- men of the village-tracts selected for inoculation that they are required to take the special measures prescribed by the follow- ing rules for the prevention of rinderpest. 17. The headmen on receipt of such notice shall direct cattle-owners who do not wish to have their cattle inoculated to construct, at their own expense, enclosures in which to pen their cattle, such enclosures to be distant at least a quarter nf a mile from the nearest village. The headmen shall also forbid owners of cattle which have not been inoculated to pen such cattle in any village. RULES AND ORDERS UNDER SECTION 29. 55! 18. Where possible a special grazing-ground at a distance from any village shall be set apart by each headman for cattle belonging to owners who do not wisn to have their cattle inoculated, and where such a grazing area has been set apart, the headman shall forbid the owners of such cattle to,graze their cattle on their grazing-grounds, and in any case the headman shall forbid the owners of such cattle to graze cattle which have not been inoculated, in the portion of the village grazing-ground set apart by him for cattle belonging to owners who are willing to have their beasts 'inoculated. The restric- tions on the grazing of cattle which have not been inoculated shall continue until such time as the locality is free from disease. * REGISTRATION OF DEATHS OF CATTLE. In exercise of the powers conferred by section 29, sub-section (1), clause {d), of the Burma Village Act, 1907, ihe Government of Burma Sec.29(x)(d) (Ministry of Agriculture) is pleased to make the following rules for AgrJ D the registration of cattle deaths in village-tracts, in supersession of Not.No.7,y" * the rules promulgated in Revenue Department Notification No. gv, llaj^'tmSded 1. These rules which may be citeci as The Registration of Cattle Deaths Rules, 1925, ' shall apply to all areas in which the Burma Village Act, 1907, is in force except the undermentioned areas :â€” The Pyinwa Circle of the Akyab District, the Hill District of Arakan, the Salween District, the Tabye and Mebalan Circles of the Tantabin Towns>hip, and the whole of the Leiktho Township of the Toungoo District, and the districts and parts of Districts in Upper Burma where the tBurma Rural Self-Government Act, 1^,21, does not apply. 2. The term " cattle in these rules includes cows, bulls, bullocks, calves, buffaloes, horses, ponies and elephants. 3. Every death of cattle occurring in a village-tract shall be reported within 48 hours to the headman by the owner or keeper of the animal, or if the owner or keeper is absent or unable to report, then by the eldest adult male living in the house, or if such eldest male is unable to report, then by the eldest adult female living in the house. 4. The headman shall make it generally known that any person, being bound to report a^leath and neglecting to do so within the prescribed period, is liable to punishment under section 12 of the Burma Village Act, 1907. dated 86th Nor. 1916. *For instructions for the collection and record of statistics of cattle, deaths, see paragraphs 8S to 97, pages 96 to 98, post. f Burma Code, Vol. II, page 756. 56 IP ART II.â€”STATUTORY RULES AND ORDERS. 5. On receipt of information as to the occurence of a death within his village-tract the headman shall enter it, or cause it to be entered, in the counterfoil register in the form prescribed by the Veterinary Adviser. The foil shall be sent when due to the Township Office, unless the Deputy Commissioner directs that it shall be sent to the nearest police-station. The headman shall retain the books containing the counterfoils as part of the village records. 6. When for anv reason the headman is obliged to leave his village for sometime or is incapacitated from performing his duties by illness or other cause, he shall make arrangements with a member of the village committee or, failing sTuch member, some other elder or respon- sible person of the village to have deaths of cattle registered and to ensure that the foils are despatched to the Township Office or the police-station, as the case may be, if they should become due during his illness or absence. 7. The headman shall send cattle death foils not later than three days after the end of the month or period to which they relate to the Township Office, unless the Deputy Commissioner otherwise directs, in which case he shall send them to the nearest police-station/as under:â€” (Ð°) From villages within 5 miles of police-stationâ€”Monthly. (Ð±) From villages over 5 miles and under 20 miles from a police- stationâ€”Quarterly. (c) From distant village-tractsâ€”'Half-yearly (Jannary and July). Exampleâ€”Headmen ot village-tracts within 5 miles of a police- station shall send foils for October, November and December by the 3rd of November. December and January respectively. The headman of village-tracts over 5 miles from a police-station shall send foils for October, November and December on or before the 3rd of January. The foils from distant village-tracts for six months from January to June and July to December shall be sent on or before the 3rd of July and 3rd of January, respectively. Notb.â€”In cases where the Government of Burma has made special arrange- ments with timber firms and other large employers of cattle-power for direct returns by them of the mortality of any kind of cattle, the above rules will not apply. DUTIES OF THE HEADMAN AND RESIDENTS OF A VILLAGE=TRACT IN RESPECT OF THE SLAUGHTER OF CATTLE. Sec.Â»9(i)(d) In exercise of the power conferred by section 29, sub- gS.Not. no-section (1 , clause {d), of the Burma Village Act, 1907, as luV?iMda"!hB subsequently amended, and in supersession of the rules DmNÂ°otdXG" published in this department Notification No. 50, dated the >nedi922."hd 8th February 1915, as amended by this department Noti- No. 136, dated 9th Aug. 1923. RULES AND ORDERS UNDER SECTION 29. 57! ficationNo. 372, dated the 31st August 1920, the Lieutenant- Governor is pleased to make the following rules for the regulation of the slaughter of horned cattle, sheep, goats, swine and ponies, and of the sale of the flesh thereof in village-tracts which are not situated within an area subject to the authority of a District Council established under the * Burma Rural Self- Government Act, '921. 1. In these rules the terms ' cattle ' includes horned cattle, sheep, goats, domestic swine and ponies. 2. The Deputy Commissioner may establish or permit the â‚¬Stabli=>ment of a slaughter-house in any village-tract for the slaughter of all or any specified kinds of cattle, and may grant a lease for such slaughter-house in the form attached to these rules. The lease shall ordinarily be disposed of by auction sale. 3. The lessee shall post up a notice in the form annexed to these rules in a conspicuous place outside the slaughter- house, in such language or languages as are likely to be understood by persons bringing cattle for slaughter and shall be bound to permit the slaughter of cattle in the slaughter-house in accordance with the conditions of the notice. 4. When a lease has been issued under Rule 2 or under the t Burma Municipal Act, 1898, or under the *Burma Rural Self-Government Act, 1921, for a slaughter-house and such slaughter-house has been duly established, no person shall within a radius of five miles from the slaughter-house, without the special sanction of the Deputy Commissioner or Subdivi sional'Officer, slaughter or cause to be slaughtered any cattle of the kind referred to in such lease, otherwise than at such slaughter-house. 5. All animals intended for slaughter at a slaughter-house shall be exposed for such period not exceeding four days, as the Deputy Commissioner may direct, in the pound, bazaar or other place named in the notice published under Rule 3. Within twenty-four hours of the expiry of such period they shall be brought before the Sub-Assistant Surgeon or police- officer or such other person as the Deputy Commissioner may direct for inspection. If passed, they shall be slaughtered at such time within twenty-four hours of such inspection as the Deputy Commissioner may direct, and the hides of the animals shall be exposed for twenty-four hours at the slaughter-house or at such other place as the Deputy Commissioner may prescribe. * Burrm Code, Vol. II, page 756. t Burma Code, Vol. II, page Â»6o. 58 PART II.â€”STATUTORY RULES AND " ORDERS. 6. Before cattle are slaughtered in slaughter-house the prescribed fee shall be paid or tendered to the lessee, and the person bringing the cattle shall inform the lessee of his name and residence and of the name and residence of the owner of the cattle. 7. In any village-tract to which the Deputy Commissioner may declare this rule to be in force, and in which a Govern- ment or Deputy Commissioner's Local Fund bazaar has been provided the flesh of cattle shall not be sold or exposed for sale except in such bazaar. Provided that this rule shall not apply to cooked flesh sold or exposed for sale in a bona, fid& eating house. fc>. No person shall, within a radius of five miles from any slaughter-house, sell or expose for sale the flesh of any kind of cattle for which a slaughter-house has been provided, unless such cattle have been slaughtered at such slaughter- house in compliance with the provisions of these rules. 9. Any lease granted under these rules may be cancelled by the Deputy Commissioner for any breach of these rules or of the conuitions of the lease. RULES AND ORDERS UNDER SECTION 29. 59! [Form of Least mentioned in R tie 2.] SLAUGHTER-HOUSE LEASE. IN THE OFFICE OF THE DEPUTY COMMISSIONER, District. By authority of Rule 2 of the rules published in General Department Notification No. 109, dated the 14th March 1922, and framed under the provisions of section 29 (1) (d), of the Burma Village Act, 1^07, this lease of the slaughter-house provided for the slaughter of * in * Here ipedfy village-tract in the Township, of the District, is granted by me to son of for the sum of Rs. This lease (unless sooner cancelled or withdrawn) expires on the 19 , and is subject to the conditions set out on the reverse, Dattd 19 Deputy Commissroner. CONDITIONS, (i) This lease shall be given up on expiration, cancellation 4 or withdrawal, and it must neither be sublet nor transferred without the written permission of the Deputy Commissioner. (ii) The sums payable in respect of this lease must be punctually paid on or before the following dates :â€” Rupees being one-fifth of the whole Rupees on the fall of the hammer and the balance in eight instalments on the following dates:â€” ist instalment Rs. payable on 2nd instalment Rs. payable on jrd instalment Rs. payable on 4th instalment Rs. payable on 5th instalment Rs. payable on 6th instalment Rs. payable on 7th instalment R;-. payable on 8th instalment Rs. payable on (iii)The slaughter-house and premises shall be kept by the lessee from day to day in as clean and wholesome a state as possible, and all dirt and refuse shall be removed daily. 6o PART II.â€”STATUTORY RULES AND ORDERS. Cattle sheep (iv) Goats shall be exposed for a period of Swine Ponies â– days before slaughter. Within twenty-four hours of the expiry of that period they shall be brought before the - of for examination between the hours olâ€”and -. If passed, they shall be slaughtered at such time within twenty-four hours as the Deputy Commissiontr may direct and the hides of the animals shall be exposed for twenty-four hours at the slaughter-house or at such other place as the Deputy Commissioner may prescribe. The lessee shall not permit any animal to be slaughtered at the slaughter-house unless it has been passed and unless a certificate of the pound-keeper or bazaar-^ait^ is produced as to the period of exposure. The certificate given by the pound-keeper or bazaar-gating shall be endorsed by the officer authorized to examine and pass cattle for slaughter, when passing the animal, and shall be surrendered to the lessee for cancellation when the animal is actually slaughtered. (v) The undermentioned fees may be levied by the lessee for permission to slaughter in the slaughter-house :â€” Rs. A. p. Oxen, cows and buffaloes, each Calves, sheep and goats, each Full-grown pigs, each Sucking pigs, each Ponies, each Fees shall be levied only at the slaughter-house and only before slaughter is permitted. A receipt in the prescribed form below shall be given for each fee levied, No larger fee than that prescribed above shall be levied. The lessee shall permit the slaughter in the slaughter-house of all animals for rules and orders under sections 20a and 29 29 63! which the prescribed fee has been tendered and for which condition, (iv) has been fulfilled. Received from Nairn Risidencz. Rs. a. p. Date for slaughter of Number. Oxen, cows or buffaloes. Calves, sheep or goats. Full-grown pigs. Sucking pigs. Ponies. Signature of Lessee or his Agent (vi) A register of slaughtered cattle shall be kept up in Burmese in the following form by the lessee :â€” Date. Number. (Â») (3) Person bringing cattle for slaughter. Name Resi- dence. Owner of cattle. Description of cattle. Name U) J (5) Resi- dence. (6) (a) d) nl fcL rt E (b) I (c) c Si S 3 S m Eo u tn a.-* o (d)B X V tn (Â«) OA < a e v cc (8) The register shall be shown by the lessee on demand to any Magistrate or police-officer or to the headman of the ward or village-tract in which the slaughter-house lies, 62 ip art ii.â€”statutory rules and orders. (vii) As a security for the due observance by him of the conditions of the lease, the lessee shall place a de,posit of Rs. 50 with the Deputy Commissioner which shall be returned to him on the termination of the lease by cancel- lation or otherwise unless it is already forfeited. In case of any breach of the conditions of the lease by the lessee, the Deputy Commissioner may either forfeit the whole or any portion of the said deposit or, in lieu of such forfeiture, cancel the lease. Note.â€”The Deputy Commissioner may, instead of requiring a deposit under this condition, accept such security as he may fix from the lessee or from one or more sureties on his behalf for the due observance by the lessee of the conditions of the lease. (viii) This lease may be cancelled by the Deputy Com- missioner for any breach of the rules or of the conditions of the lease. (ix) On the expiry of the lease, the lessee shall hand over the slaughter-house and premises to the Deputy Com- missioner in good condition. [Form of Notice mentioned in Rule 3.] NOTICE. Slaughter-house. â€¢ Here specify This slaughter-house is set apart for the slaughter of * toeHndot ]essee ;s bound to permit the slaughter, at such hours as the Deputy Commissioner may direct, of any cattle of the kinds abovementioned which may be brought for slaughter, provided the following conditions are complied with :-â€” (1) That, unless the Deputy Commissioner otherwise directs, the animal has been exposed for whole days at the and has been passed by the Sub-Assistant Surgeon. of rules and orders under sections 20a and 29 63 (2) that fee according to the following scale has been paid or tendered to the lessee :â€” Rs. A. p. Oxen, cows and buffaloes, each Calves, sheep and goats, each Full-grown pigs, each Sucking pigs, each Ponies, each REGULATION OF PAWNSHOPS IN VILLAGE- TRACTS. In exercise of the power conferred bv section 20A, sub- Sec 2Q , . sections (2) and (j), of the Burma Village Act, 1907, as ^3,) amended by Burma Act I of 1921, the Lieutenant-Governor is pleased to make the following rules for the regulation of pawnshops in village-tracts in Burma excluding areas notified ^eldaSf^i?* under section no of the * Burma Municipal Act, 1898: â€” ?Â£ndÂ®dVG 1. In these rulesâ€” _ (a) " Pawn-broker " means every person who carries on siD" the business of taking goods and chattels in pawn for loans ^tidGfot of money not exceeding Rs. 200 in any one transaction : jâ„¢ provided that nothing in these rules shall apply to persons 192B- taking goods and chattels in pawn for loans exceeding Rs. 100, when the rate of interest or other profit does not exceed 15 per cent, per annum, nor shall they apply to persons genuinely carrying on the business of money-lender and advancing ifloney on a promissory note or other document ; b) " Pledge" means an article delivered to a 'pawn- broker in pawn ; (c) " Pawnor " means the person who delivers an article to a pawn-broker in pawn ; (d) " Shop " includes any place where the business of a pawn-broker is carried on. 2. In any village-tract to which the Deputy Commissioner has directed that section 20A of the Burma Village Act, 1907, as amended by Burma Act I of 1921, shall apply, no person shall carry on the business of a pawn-broker except in accord- ance with a license granted by the Deputy Commissioner or by an officer authorized by the Deputy Commissioner in this behalf. 3. The right to be granted a license may be disposed1 of by auction which shall be held by such officer as the Deputy * Burma Code, Vol. II, page 2601. 64 ip art ii.â€”statutory rules and orders. Commissioner may direct ; or a license may be granted in such other manner as the Deputy Commissioner may see fit. It shall be valid for such period as the Deputy Commissioner may direct, and shall be issued in the form annexed to these rules. If the license is disposed of by auction, the officei holding the auction shall not be bound to accept the highest or any bid. 4. The number of licenses, the period for which licenses will be granted, and the date and manner of disposal of the licenses shall be notified by advertisement for a period of not less than fourteen days before the date fixed for the disposal. Save as otherwise directed by the Deputy Commissioner the licensee shall pay one-fifth of the purchase price on the fall of the hammer ana the balance in eight monthly instalments thereafter. 4a. Where the license is for a term of more than one year, the licensee may surrender his license at the end of any year, without penalty on three months' written notice. 5. Licenses shall be granted on the following conditions and a license may be revoked by the officer who granted it for breach by the licensee, his servants or agents of any one or more of such conditions:â€” (i) That the licensee shall carry on his business as pawn-broker only at the premises specified upon the face of his license. (ii) That the licensee shall keep exhibited outside his shop a signboard, on which shall be legibly printed or painted in Burmese or in such other language or languages as may be specified in the license, the license number and the words "Pawn-broker's Shop." (iii) That the licensee shall keep a set of thumb impression instruments for the purpose of taking the thumb impression of a pawnor pledging any article. But no thumb impression of the pawnor shall be taken by any person who cannot produce from the District Superintendent of Police a certificate of competency to take finger prints in a proper manner. (iv) That the licensee shall keep a book in the form set out in Form II annexed hereto, in which he shall enter or cause to be entered in Burmese or in such other language as the officer granting the license may direct, at the time of each transaction, the following particulars, namely :â€” (a) a description of the articles taken in pawn ; rules and orders under section 20a. 65 (b) the time agreed upon for redemption of the same ; (c) the sum of money lent thereon; (d) the rate of interest or other profit to be charged ; (e) the day of the month and the year in which the transaction took place ; (f) tha name and address and the left thumb impression of the pawnor and, where the pawnor is not the owner of the articles pawned, the name and address of such owner; (g) the date of redemption of the articles ; (h) if unredeemed, the number of the page in Book III on which the transaction is entered ; and a duplicate of such entries shall be delivered to the pawnor. (v) That the pages of the book and duplicates mentioned in the preceding condition shall be numbered consecutively, and each page and duplicate shall contain the name of the pawn-broker and the address of his shop. (vi) That the licensee shall not charge or demand in respect of any loan made by him any interest or other profit exceeding the following rates :â€” If the sum lent does not exceed Rs. 5, one anna for each rupee or part of a rupee for each month or part of a month- If the sum lent exceeds Rs. 5, but does not exceed Rs. 20, nine pies for each rupee or part of a rupee for each month or part of a month- If the sum lent exceeds Rs. 20, six pies for each rupee or part of a rupee for each month or part of a month. (vii) That the licensee shall keep conspicuously exposed in his shop a legibly printed copy of the rates mentioned in the last preceding condition in such language or languages as may be specified in the license. (viiiy That the licensee, his servants or agents, shall not receive anything in pawn between the hours of 6 p.m. and 6 a.m., and shall not at any time take anything in pawn fn>m any child apparently under 14 years of age. (ix) That the licensee, his servants or agents, shall deliver to the owner thereof any pledge when demanded between the hours of 6 a.m. and 8 p.m. within the period agreed upon for redemption thereof upon tender by the owner or his agent of the sum borrowed, with the interest due 66 ip art ii.â€”statutory rules and orders. thereon according to condition (vi) or any less sum which may have been agreed upon. (x) That the. licensee shall not sell, without the consent of the pawnor, any pledge before the expiration of the time agreed upon for redemption thereof, or otherwise than in accordance with these conditions. (xi) That the licensee shall himself dispose of all articles pledged and unredeemed at the time agreed upon for redemption at a public auction held not more often than once a quarter, of which at least ten days' notice with a list of the articles to be sold shall be sent to the officer in charge of the police-station. (xii) That the licensee shall keep a printed book in the form set out in Form III annexed hereto, in which he shall enter or cause to be entered in English or Burmese or such other language as the officer who granted the license may direct, a true and correct account of all pledges sold, showing the date on which and the persons by whom the goods were pledged, the number of the page in Book II on which the original transaction is entered, the amount due at the time of sale, the amount, realised on the sale, the date of sale, the name and address of the person to whom sold, and in any case where the amount realised on the sale exceeds the amount lent and the interest or other profit due thereon at the date of sale and expenses attending such sale, the overplus due to the pawnor. (xiii) That the licensee, his servants or agents, shall permit his shop to be entered between the hours of 6 a.m. and 8 p.m. by any person authorised by the Deputy Commissioner in that behalf, and by any police-officer not under the rank of sub-inspector, and shall produce for the inspection of such person or officer, the books required by these conditions to be kept, and also all or any pledges which such person or officer may require and further shall allow such person or officer to take copies of the entries in such books. (xiv) That, if any article is offered to the licensee, his servants or agents in pawn, which he or they shall have reason to believe to have been dishonestly acquired, or if, after any article has been received in pawn, the licensee shall have reason to believe that such article was dishonestly acquired by the pawnor, then in any such case the licensee, his servants of his agents, shall forthwith make a report regarding such rules and orders under section 20a. 67 pledge to the headman and to the officer in charge of the nearest police-station. (xv) That after the expiration of the period for which the license is granted, or after its cancellation, the licensee shall be entitled to carry on his business as a pawn-broker so far only as relates to the redemption of articles pledged with him. (xvi) That on receipt from the police of a list of stolen property the licensee shall examine the articles in pledge with him and immediately report to the officer in charge of the nearest police-station if any of the articles resemble those described in the list. 6. Whoever carries on the business of a pawn-broker without a license, or a licensee who fails to comply with any of the conditions laid down in these rules, shall be punishable with fine which for a first offence may extend to fifty rupees, and for each subsequent offence to imprisonment for one month, or to a fine of two hundred rupees or both. FORM I. Pawn-shop License. By authority of Rule 2 of the rules published in General Department Notification No. 366, dated the 25th October 1921, and framed under the provisions of section 20A of the Burma Village Act, 1907, as amended by Burma Act I of 1921, is hereby licensed to carry on business as a pawn-broker1 at subject to the conditions stated in the conditions * on the reverse hereof and prescribed by the abovem'entioned rules. The license may be cancelled for breach of any one or more of the said conditions. The license will be in force until the unless previously cancelled. Whoever carries on the business of a pawn-broker without a licensee, or a licensee who fails to comply with any of the conditions laid down on the reverse, shall be punishable with fine which for a first offence may extend to fiftv rupees, and for each subsequent offence to imprisonment for one month, or to a fine of two hundred rupees or both. * Page b*,posi. 68 ip art ii.â€”statutory rules and orders. [ Reverse. ] CONDITIONS. (i) That the licensee shall carry on his business as pawn-broker only at the premises specified upon the face of his license. (ii) That the licensee shall keep exhibited outside his shop a signboard, on which shall be legibly printed or painted in the license number and the words " Pawn-broker's Shop." (iii) That the licensee shall keep a set of thumb impression instruments for the purpose of taking the thumb impression of a pawnor pledging any article. But no thumb impression of the pawnor shall be taken by any person who cannot produce from the District Superintendent of Police a certificate of competency to take finger prints in a proper manner. (iv) That the licensee shall keep a book in the form set out in Form II annexed hereto, in which he shall enter or cause to be entered in at the time of each transaction, the following particulars, namely :â€” ( (b) the time agreed upon for redemption of the same ; (c) the sum of money lent thereon ; (d) the rate of interest or other profit to be charged ; (e) the day of the month and the year in which the transaction took place; (f) the name and address and the left thumb impression of the pawnor and, where the pawnor is not the owner of the articles pawned, the name and address of such owner ; {g) the date of redemption of the articles ; (A) if unredeemed, the number of the page in Book III Â« on which the transaction is entered ; and a duplicate of such entries shall be delivered to the pawnor. (v) That the pages of the book and duplicates mentioned in the preceding condition shall be numbered consecutively, and each page and duplicate shall contain the name of the pawn-broker and the address of his shop. rules and orders under section 20a. 69 (vi) That the licensee shall not charge or demand in respect of any loan made by him any interest or other profit exceeding the following rates : â€” If the sum lent does not exceed Rs. 5, one anna for each rupee or part of a rupee for each month or part of a month. If the sum lent exceeds ?s. 5, but does not exceed Rs. 20, nine pies for each rupee or part of a rupee for each month or part of a month If the sum lent exceeds Rs. 20, six pies for each rupee or part of a rupee for each month or part of a month. (vii) That the licensee shall keep conspicuously exposed in his shop a legibly printed copy of the rates mentioned in the last preceding condition in such language or languages as may be specified in the license. (viii) That the licensee, his servants or agents, shall not receive anything in pawn between the hours of 6 p.m. and 6 a.m., and shall not at any time take anything in pawn from any child apparently under 14 years of age. (ix) That the licensee, his servants or agents, shall deliver to the owner thereof any pledge when demanded between the hours of 6 a.m. and 8 p.m. within the period agreed upon for redemption thereof upon tender by the owner or his agent of the sum bor owed, with the interest due thereon according to condition (vi) or any less sum which may have been agreed upon. (x) That the licensee ihall not sell, without the consent of the pawnor, any pledge before the expiration of the time agreed upon for redemption thereof, or otherwise than in accordance with these conditions. (xi) That the licensee shall himself dispose of all articles pledged and unredeemed at the time agreed upon for redemp- tion at a public auction held not more often than once a quarter, of which at least ten days' notice with a list of the articles to be sold shall be sent to the officer in charge of the police-station. (xii) That the licensee shall keep a printed book in the form set out in Form 111 annexed hereto, in which he shall enter or cause to be entered in , a true and correct account of all pledges sold, showing the date on which and the persons by whom the goods were pledged, the number of the page in Book II on which the original transaction is. 72 ip art ii.â€”statutory rules and orders. entered, the amount due at the time of sale, the amount realised on the sale, the date of sale, the name and address of the person to whom sold, and in any case where the amount realised on the sale exceeds the amount lent and the interest or other profit due thereon at the date of sale and expenses attending such sale, the overplus due to the pawnor. (xiii) That the licensee, his servants or agents, shall permit his shop to be entered, between the hours of 6 a.m. and 8 p.m. by any person authorised by the Deputy Commis- sioner in that behalf, and by any police-officer not under the rank of sub-inspector, and shall produce for the inspection of such person or officer, the books required by these conditions to be kept, and also all or any pledges which such person or officer may require, and further shall allow such person or officer to take copies of the entries in such book's. (xiv) That, if any article is offered to the licensee, his servants or agents in pawn, which he or they shall have reason to believe to have been dishonestly acquired, or if after any article has been received in pawn, the licensee shall have reason to believe that such article was dishonestly acquired, by the pawnor, then and in any such case the licensee, his servants or his agents shall forthwith make a report regarding such pledge to the headman and to the officer in charge of the nearest police-station. (xv) That after the expiration of the period for which the license is granted, or after its cancellation, the licensee shall be entitled to carry on his business as a pawn-broker so far only as relates to the redemption of articles pledged with him. (xvi) The licensee shall pay Rs. being one-fifth of the whole Rs. on the following dates:â€” First instalment Rs. payable on Second instalment Rs. payable on Third instalment Rs. payable on Fourth instalment Rs. payable on Fifth instalment Rs. payable on Sixth instalment Rs. payable on Seventh instalment ... Rs. payable on Eighth instalment Rs. payable on (xvii) That on receipt from the police of a list of stolen â€¢property the licensee shall examine the articles in pledge with him and immediately report to the officer in charge of the nearest police-station if any of the articles resemble those described in the list. rules and orders under section 20a. 71 Original. No. Name of pawn-brokerâ€” Address of shopâ€” (*) (3) (4) (5i (6) 17) (8) (9) (10) (i>) (.2) Description of goodsâ€” Time within which to be redeemedâ€” Amount lentâ€” Rate of interest-â€” Day of month and year on which goods are pawnedâ€” Name of pawnorâ€” Address of pawnorâ€” Name of owner of goods uf other than pawnor)â€” Address of owner of goods (if other than pawnor)â€” Left thumb impression of the pawnor-â€” Date of redemptionâ€” If unredeemed, page of Book in Form III on which the transac- tion is entered. FORM II. Duplicate. No. Name of pawn-brokerâ€” Address of shopâ€” (1) Description of goodsâ€” (2) Time within which to' be redeemedâ€” Amount lentâ€” Rate of interestâ€” Day of month and year on which goods are pawnedâ€” * Name of pawnorâ€” (7) Address of pawnorâ€” (8 Name of owner of goods (if other than pawnor)â€” (9) Address of owner of goods (if other than pawnor)â€” Left thumb impression of the pawnorâ€” Date of redemptionâ€”â– If unredeemed, page of Book in Form III on which the transaction is entered. (3) (4) (5) (6, (IO) (Â» 0 [12) ) Name of pawn-brokerâ€” Address of shopâ€” FORM III. (1) Description of goods soldâ€” (2) Date when goods were pawnedâ€” (3) Person by whom goods were pawnedâ€” (4) Page of Book in Form II on which the transaction is enteredâ€” (5) Amount due at time of saleâ€” Rs. A. P. Principal Interest Total (6) Amount realised on saleâ€” (7) Date of saleâ€” (8) Name and address of the person to whom sold- PART III. Executive Orders under the Burma Village Act, 1907, as amended. chap. i, paras. iâ€”3] system of village administration. 75' Executive Orders. CHAPTER I. Preliminary. System of Village, Administration. 1. With the passing into law of Act IV of 1924, Sir Charles Crosthwaite's famous Minute (still reproduced as Appendix I*) has become largely historical. His two fundamental principles may remain baldly trueâ€” (1) that every village-tract must have a headman residing in it and (2) that every headman is responsible for the collection of revenue. But Act IV of 1924 has in certain vital particulars altered the spirit of the previous Act. In the old system the village headman held his appointment by virtue of hereditary right and of appointment by Government, with or without the concurrence of his villagers. The effect of the new Act is to make him more the elected representative of his villagers, who, in the form of a committee of not more than four, assist him in his duties as magistrate, judge and general executive officer. Another fundamental conception of the old Act which has been eclipsed, is the idea of collective responsibility. Formerly the villagers were bound to co-operate with the headman in carrying out all the duties imposed on him and on them by Government. If they did not, they were held collectively responsible and fined. Now it is presumed that the villagers will co-operate with the headman whom they themselves have elected to supervise the working of the Act and rules. 2. It is true that in both the cases mentioned above the Government has reserved to itself certain powers. It is not always bound to accept the headman elected by the villagers and it may in certain circumstances enforce collective respon- sibility. These reserve powers, however, only serve to emphasize the new departure. They will be discussed below in their proper place. 3. The first of Sir Charles Crosthwaite's principlesâ€”that every village-tract must have a headmanâ€”though remaining generally true, has^been largely modified. At its inception it was directed against the taik-thugyi and myo-thugyisystem, which, though satisfactory from the revenue point of view, was incompatible with the enforcement of village duties and 6 "Page 127. 76 part iii.â€”executive orders. [chaps. illâ€”iV. responsibilities. But the taik and the myo were divided into areas which though co-terminous with a village, were too small to support an individual headman in comfort and dignity. It is now the declared policy of the Government when vacan- cies occur so to amalgamate village with village that a headman should get an income from revenue collections of about Rs. 300 per annum provided that the village-tract so created can be efficiently administered by one man. In practice this means that each headman as a rule has or should have two or more villages in his charge. * 4- The second of Sir Charles Crosthwaite's two princi- plesâ€”that the headman should be responsible for the collect- ion of revenue in his jurisdictionâ€”has not been modified by the new Act. The village committee, which assists the headman in criminal, civil and general duties, is not concerned with the collection of revenue. The headman, therefore, remains solely responsible in that respect and he alone draws commis- sion. Certain taik-thugyi-shifs and myo-tHngyi-ships still persist and this principle is not followed there. But these are marked for dissolution as occasion offers. CHAPTER II, Appointment of Headmen. 5. Headmen are ordinarily appointed on the result of an election, and ths only cases in which a Deputy Commissioner (with the previous sanction of the Commissioner) may over- rule the result of an election are those specified in the notifica- tion issued under section 5, sub-section (2) of the Act, vide page 27 ante. If, however, the villagers elect the hereditary claimant and he is a minor, the Deputy Commissioner shall desire them further to elect a temporary headman to hold charge of the village-tract until that hereditary claimant reaches the age of 2 i. In such cases the Deputy Commis- sioner may order that a share of the commission is to be devoted to the support of the minor. In making such order the Deputy Commissioner shall be guided by local custom. If a Deputy Commissioner should overrule the result of an election for the reasons given in (a) and (Â£) of the above- mentioned notification, he has discretion to appoint as headman any person whom he may consider most suitable for the appointment. This discretion does not preclude him, if under * In this connection, see Appendix II, page 13i, post. paras. '4â€”12] system of village administration, 77 appointment of headmen and con- stitution of village committees. the circumstances he considers such a course desirable, from holding a further election in order to ascertain the villagers' second choice. It is to be noted, however, that the Deputy Commissioner is not in any way bound to take this course. 6. If on the occurrence of a vacancy there is any question of amalgamating the village-tract with a neighbouring village- tract, that question must always be decided before an election is held, and the question of amalgamation must not be left to be decided by the result of an election. 7- If the Deputy Commissioner can himself hold the election, so much the better. If the Deputy Commissioner cannot do so, the Subdivisional Officer should hold it if he possibly can. It should be the exception rather than the rule for the Township Officer to hold it. 8. Ample notice should be given to the villages concerned of the intention to hold an election, so that all candidates may arrange to be present and have time in which to whip up their supporters. The names of all persons voting for each candi- date shall be recorded in writing. Village Committees. 9. The rules for the election of the three or four members of the village committee are given in full in General Department Notification No. 220, dated the 20th December 1924, on page 27 of the. Manual. 10. It should be noted that while the headman chosen by the villagers is appointed by the Deputy Commissioner and may be removed or dismissed by him, the members of village committee hold office solely in virtue of their election by the villagers. But though the Deputy Commissioner does not appoint them, he may terminate their appointment by declaring that their continuance in office is contrary to the interests of the residents of the village-tract. Such a declara- tion by the Deputy Commissioner will be equivalent to removal. 11. The activities of village committees may be grouped under (1) the trial of civil suits ; (2) the trial of criminal cases ; (3) aiding the headman in the general administration ; (4) actino- as a link between the District Council and the official o administration. 12. As regards civil suits, the village committee has no power to try such suits until so invested by the Commissioner, vtdt section 6 (x) of the Act. When it has been so invested, it 78 part iii.â€”executive orders. [chapS. illâ€”iV. must follow the procedure laid down in Notification No. 221, dated 20th December 1924, printed on page 31. It is to be noted that the headman, as chairman of the committee and as the person responsible for the upkeep of the registers, is permitted to retain all the fees, vide rule 10 of the Notification. This helps to distinguish further between the committee and the headman. The former serves throughout in an honorary capacity. The notification in question gives not only full details for the trial of suits, but also the procedure in execution. 13. In the matter of criminal cases, the position is rather different. The effect of the amendment of section 9 by Act IV of 1924 is to give the village committee all the ordinary criminal powers which were exercised by the headman under the old Act. The committee need not be invested with these powers. In villages where the headman has already special powers under section 9 (4) of the Act, it has been decided to grant the committee special powers. In all other villages the committee will exercise ordinary powers until experience has been gained whether to grant the extended powers of section 9 (4). The actual procedure in criminal trials to be adopted by committees does not differ from that prescribed' under the old system for headman. It is to be noted, however, that the committee does not take cognizance of an offence directly, but only on report being made to it by the headman. If the special power headman dies on whose account any committee has been invested with special powers, that com- mittee will remain invested with such powers until the end of its term of three years. 14. Besides its civil and magisterial duties the committee is bound to advise the headman in matters concerning the general welfare of the village-tract. The committee should therefore assist the headman in obtaining information about. criminals, as set out in section 7. It should help him to perform the public duties detailed in section 8 ; and it should take the lead in respect of the general duties of villagers given in. section 11. Under section 12 (i) a headman may, without referring to the committee, fine a villager for neglecting a public duty. But he may also under section 12 (ii) invoke the committe,e to deal with the matter in which case the fine may be double. This discretionary power of the headman refers only to fining villagers for breach of public duties. It does not give him power at his discretion to try a criminal case.- alone. paras. 13â€”18] appointment of headmen and 79 constitution of village committees. I5. The last group of duties which falls on a village committee is new and important. As explained in the state- ment of Objects and Reasons, annexed to the Act of 1924 when â€¢introduced in Council, village committees " will form a body which will link on to village administration the duties with regard to local self-government and especially with regard to sanitation, public health and the prevention of disease among human beings and cattle, which have been made over to District Councils by the Burma Rural Self-Government Act, * 1921." Section 25 of that Act has now been amended and in consequence a Circle Board may place any matter under its control in charge of a village committee and may transfer funds for the purpose. The village committee may exercise the powers of the Circle Board in respect of the matter transferred and it is subject to the control of the Circle Board in the samie respect. This is an amendment of importance. It indicates the direction in which the village system is moving. It is a measure of decentralization and of village self-government. 16 When one village-tract is amalgamated to another ivillage-tract, the Deputy Commissioner should pass the following three orders in the village proceeding :â€”- (1) He should declare that inasmuch as the existing village committees were elected to represent the tracts A and B and inasmuch as the tracts A and B have now ceased to exist and have become the new tract A plus B, the village commit- tees in question have become fundi officio. (2) He should declare under section 5 (1) of the Act the new tract A plus B to be a village-tract and he should call upon it to elect a village committee. (3) He should appoint the surviving headman of the two original village-tracts to be the headman of the new village- tract A plus B. 17. (1) Every headman is granted an order of appointment , Miscellaneous rln form Villages 5 ' (2) Members of village committees should also be ^provided with appointment orders, f Myothugyis in Upper Bwrma. 18. When the headman of a village-tract by custom exercises authority over one or m ore other headmen the "headman who exercises authority shall be called myothngyi for * Burma Code, Vol. II, Page 756. , T These appointment ordes should be in the form prescribed in Ge neral 'Department endorsement No. IQ9D14, dated the aist May 1925. tÂ® Commissioners and Deputy Commissioners. The form has not been brought op the Guard-Book, 'but copies should be printed locally or issued in manuscript. 80 part iii.â€”executive orders. [chapS. illâ€”iV. the purposes of these orders. For other purposes he may be- known by his customary local appellation. 19. The myothugyi shall exercise a power of control and supervision over the headmen in his circle, and shall be held responsible for their good conduct, and they shall be subordi- nate to hiro and shall be bound to obey him in all lawful matters. 20. A myothugyi may at any time apply to the Deputy Commissioner to be relieved of his responsibility under the preceding paragraph, and thereupon his connection with the subordinate headmen shall cease, and he shall no longer receive the commission, or the share thereof, which may have been hitherto payable to him on Account of the villages under those headmen. 21. On the death, dismissal or resignation of a myothugyi,. no successor shall be appointed to his myothugyiship without the previous sanction of the Commissioner. Except with such previous sanction his heirs or successors shall not succeed to- â€¢ any part of his authority or emoluments as myothugyi save as they may be elected by the villagers and appointed by the Deputy Commissioner as hpadman of a village-tract. 22. No new myothugyiship or circle thugyiship under whatever designation shall. be created without the previous sanction of the Local Government. Neither shall several, headmen be grouped together in subordination to another headman for revenue or other purposes, nor the commission^ payable to a headman be subdivided or taken away, without the same sanction. 23. On the occurrence of a vacancy a myothugyiship may be abolished by the Commissioner, and myoth gyi ships created after the year 1885 may be abolished by the Commissioner- otherwise than on the occurrence of vacancies. But this latter power is to be used by Commissioners with discretion and,, where a myo or circle-thugyiship was created by our officers for distinctly good service, or where the incumbent of such a British created mvo or circle has done really good service since the annexation and where to break it up would involve hardship to him, his circle need not be broken up during his lifetime even though its creation was not strictly in accordance with the intentions of Government. 24. Cases in which it is proposed to abolish a myothugyiship created before the year 1886 otherwise than on the occurrence of a vacancy must be reported for the Local Government's- previous sanction. paras. 19â€”30] Myothugyis and ten-house gaungs. 8h 25. Until a myothugyiship is abolished under the preceding orders, myothugyis dating their office from Burmese times who by custom have received the whole or part of the commission on revenue collections shall continue to do so, and the Commis- sioner has authority to give a similar privilege to a myothugyi appointed by our officers, and it is advisable to do so where -the myothngyi was appointed for specially good services, or where his control over subordinate headmen has been a real help to the administration. In such cases the Commissioner is to use his discretion in apportioning the commission. 26. When a myo is split up, it should be divided into village-tracts of suitable size, each providing sufficient remuneration for a headman. To these revised village-tracts a selection of the non-commission drawing headman of the old myo should be appointed. An election by the villagers concerned is not necessary as the persons in question may be regarded as already headmen. The balance of the non- commission drawing headmen should have their appointment orders withdrawn and should revert to the position of ywagaungs. 27. Village committees should be elected in the villages comprising a myo. Miscellaneous rulings concerning the aff ointment of Headmen. 28. An arrangement made by a Deputy Commissioner under which a retired headman was granted a pension charge- able on the income of the office was considered inadmissible and was not upheld by the Local Government. 29. The dismissal of a headman does not necessarily disqualify other members of his family from holding office, nor should it be considered an absolute disqualification except in cases which inevitably involve the disgrace of the family or where the family is itself implicated in the offence. Appointment of Rural Policimm in Lower Bu,rma\ 30. The system under which villages are divided into blocks of about ten houses, each under a ten-house gating, who is subordinate to the headman, is an old institution in Lower' Burma, is well understood by the people, and steps 'have been 82 part hi.â€”executive orders. [chaps. iiâ€”iii. taken to graft it on to the system of village administration laid down in the Act by the appointment of ten-house gaungs to be rural policemen. Ten-house ganngs should be appointed in villages, whether in charge of paid or unpaid headman, and will, for their blocks, exercise the powers and perform the duties of rural policemen under the Act. 31. Ten-house gaungs are appointed by the Deputy Com- missioner or by a Subdivisional Officer or Township Officer empowered by the Deputy Commissioner in this behalf [section 5 (3) of the Act] and are granted orders of appointment in p Miscellaneous torm -frvi-â€¢ Villages 15 Appoint mint of Ywagaungs in Upptr Burma. 32. If a headman holds charge of more than one village, he may appoint for each village a person to be his agent. The person so appointed shall be designated ywagating, and the term ywaganng shall be applied only to persons who have been duly appointed to be ywagaungs under this paragraph. 33. The ywagaung shall be appointed by the headman subject to the approval of the Deputy Commissioner, which shall not be withheld unless the nominee is a bad character or otherwise disqualified for the performance of the duties of his post. 31. The ywagawng cannot be invested with the powers of a headman under the Act. He is bound under section 11 to perform certain public duties and to assist the headman in the execution of his public duties. 35. One selected Hn-hou,si gaung and in Upper Burma the ywagawng are exempted from capitation-tax and thathamedo: respectively. CHAPTER III. Status and Privileges of Headmen 36. It should be clearly understood that the new Act does not detract in any way from the existing status and privileges of headmen. Indeed the fact that the headman is now 1 generally the choice of the majority of the villagers should strengthen his hands against those who break the law or fail in their duties. paras. 31â€”41] Ten-house gaungs, Ywagaungs and 83 status and privileges of headmen. 37- The headman shall reside within the local limits of his jurisdiction and he is personally responsible to Government for the duties imposed on him by the Act. The village committee shall assist him. It does not lessen his responsibility. While for sufficient grounds the Deputy Commissioner may cause any member of the committee to resign, he shall open pro- ceedings against the headman alone for any failure to perform -the duties laid down in sections 7 and 8 of the Act. 38. Government from time to time has pointed out that the headman should not be regarded as an inferior link in the official chain ; that he should not be at the beck and call of subordi- nate officials ; and that he should not be summoned beyond the limits of his village-tract except in unavoidable circumtances. These well-known orders are again emphasized. The .head- man remains the basis of the administration. It should be the -object of all district officers to increase his dignity in the eyes of the local inhabitants. Any tendency among subordinates to deal with the headman in an off-hand manner should be sup- pressed. Township Officers should be made to understand that they have not power to pass orders in matters within the sphere â– of the headman. If they find that a headman abuses his powers or neglects his duties, they should report the matter to the Subdivisional Officer. But they should not interfere unnecessarily with headmen or usurp to themselves the powers and functions which have been vested in headmen by the legislature. 39- Officers should note that though the headman is now as a rule the elected-nominee of the villagers, he can only be fined, -removed or dismissed by the Deputy Commissioner. His elec- tors have no power to terminate his appointment, which is for life, though any specific complaint which they may make should receive full consideration. Headmen should be admonished and instructed rather than peremptorily fined for petty delinquencies, and should not be deprived of their appointments â€¢ except as a last resort and for strong reasons. 40. Every headman is entitled to carry a silver mounted dalwi and every myothngyi or headman declared by the Deputy Commissioner of the District to occupy a position similar to that of a myothugyi is entitled to carry a gilt-mounted dal-we. 41. Headmen should be liberally rewarded for any good -work done by them. 84 PART III.â€”EXECUTIVE ORDERS. [CHAPS. Illâ€”iV. 42. Except where the whole or a part of the commission is drawn by a taikthugyi in Lower Burma or is assigned to a myothugyi in Upper Burma as provided in paragraph 25 the headman during his tenure of office shall receive the commis- sion on the revenue collected by him according to such rate as. the Financial Commissioner, with the sanction of the Local Government, may from time to time direct, and shall hold and enjoy the land, if any, assigned for the support of the office. 43- Rules relating to the allotment of revenue-free land (thugyisa) to headmen are contained in Land Revenue Direc- tions 42â€”61 A. Education of Sons and Heirs of Headmen*. 44-Government, Municipal and Aided schools the eldest sons or other male heirs of headmen who are too poor to pay the necessary fees themselves may be granted free education at the expense of the Government. The concession of free education is limited to the eldest son or other male heir of the headman and is not admissible to the younger sons. As a condition of the grant of the concession, the headman must be too poor to pay for the education of his heir himself. 45- It is only in very rare cases that it is in the interest of Government that a future headman should receive an English education. The aim should be to furnish a good vernacular education. Exceptional cases may arise in which a free Anglo-Vernacular education might be granted. For example, if an influential headman of a large village-tract, who would ordinarily give his heir an Anglo-Vernacular education is unable to do so for special reasons ; if the village-tract is a trading centre or otherwise so constituted ks to render an Anglo- Vernacular education useful to the headman in the discharge of his duties ; or if such an education would be of advantage to the headman in his ordinary occupation. The concession of free Anglo-Vernacular education may be sanctioned by the Deputy Commissioner after due consideration. When it is proposed to admit a boy to a Government Anglo-Vernacular School, final orders of admission will be passed by the Director of Public Instruction, who should be addressed on the subject by the Deputy Commissioner. * Includes taikthugyis and myotkugyis, vide letter No: 374 14E -20, Part II, dated the 13th July 1920, from the Secretary to Government to the address of the: Commissioner, Pegu Division. PARAS. 42â€”50] STATUS AND PRIVILEGES OF HEADMEN. 85 46. Save in exceptional circumstances and with the sanc- tion of the Deputy Cdmmission'er, the concession of free education should be limited to the provision of Vernacular education up to the Seventh Standard. In every case in which it is proposed to grant free education under this scheme at a Municipal or Aided Anglo-Vernacular School, or a Government or Aided Vernacular School, the Deputy Commissioner should make arrangements for the admission of the boy in consulta- tion with the Inspector of Schools in whose charge the school- is situated. 47' It is only in comparatively rare cases that it will be necessary to send a headman's son to distant Vernacular school, and it is undesirable that this should be done if it can be avoided. Vernacular schools which take in boarders are situated for the most part in the larger towns, and it is not desirable that future headmen should acquire the habits and tastes of townsmen. it should be the object of Government on the contrary to encourage them tO' keep in touch with the people of the village over whom they will eventually be called upon to rule. There are cases, however, where a sound Vernacular education can only be obtained by sending the lad to a distant school. In such cases, free board and books should be given by Government but, save in very exceptional circumstances, pocket money should1 not be given in addition. These additional concessions, like free education at an Anglo-Vernacular School, may be sanc- tioned by the Deputy Commissioner. 48. Under Article 1006 of the Civil Account Code, expen- diture incurred on free education should be debited to the Educational Budget. 49. Cadets of headmen's families may, at the Deputy Commissioner's discretion, be exempted from the payment of fees at Government Survey Schools * Procedure for the grant of leave to Headmen. 50. A headman may absent himself from his village-tract on his private business for a period not exceeding seven days on his own responsibility. He should leave a ten-house ga'tng or other suitable person in general charge of the village-tract * See Government of India letter No. 2105-932-2, dated the 16th July I Â£95. 86 PART III.â€”EXECUTIVE ORDERS. [CHAPS. Illâ€”IV. during his absence, but it should be understood that this sub- stitute has no legal powers and cannot be held legally respon- sible in the same way as a headman. 51. Leave of absence for more than 'seven days and not exceeding one month may be granted by the Township Officer who will arrange for the general charge of the village-tract .during the headman's absence. 52. If the absence is to exceed one month the orders of Deputy Commissioner should be taken as to whether an election â– should be held for the appointment of a temporary headman. 53. Ordinarily, except when a temporary substitute is for- mally appointed, a headman shall not be absent from his village-tract during a revenue-collecting season unless his O O revenue has been collected and paid in fully. CHAPTER IV. Duties of Headmen, Village Committees and Villagers. .instruction of Headmen and members of Village, Committees in their duties. 54- It is the duty of Deputy Commissioners, Subdivisiona' Officers and Township Officers to explain clearly to headmen and members of the village committees the meaning of the Act, the nature and extent of their powers, and the manner in - which the provisions of the law should be worked. If Deputy Commissioners and their subordinates are, as they should be, -constantly on tour in their charges and if they make a -point of becoming personally acquainted with the headmen and members of Village Committees and assisting them in their work, there need be no difficulty in making them thoroughly ^acquainted with the Village Act. Headman^s Manual. 55. Copies of the Headman's Manual in Burmese will be .distributed to all headmen. Inspecting Officers should make a point of seeing that every headman has a copy of the Manual and of the books, etc. (so far as may be necessary) , enumerated jin the last section of that Manual. paras. 51â€”60] status and privileges of headmen 87" and duties of headmen, village committees and villagers. D uiizs of Headmen and Villagers wndir Sections 8 and n- of the Act. 56. The following rules lay down the nature and extent of: the services which villagers can be called upon to perform under the Village Act and. indicate which of these services should be paid for and which should be performed without payment. 57- The principal provisions of the law on the subject are contained in sections 8 and 11 bf the Act. The former section lays down the duties of the headman, while under the latter section every person residing in a village-tract is bound, on the requisition of the headman or of a rural policeman, to assist him in the execution of his public duties and is also required to perform certain specified duties without requisition. Except in regard to the furnishing of guides, supplies and carriage [section 8 (1) (Â£") ] the Act says nothing of payment, and' it would appear therefore that as the law stands the headman can be required to perform all the duties enumeratey in section 8 without remuneration, and that the villagers are bound to assist him, equally without payment, to perform all these duties, with < the exception of furnishing guides, supplies and carriage. 58. While, however, it appears that these services can in case of necessity be demanded without remuneration, it is clear that in ordinary cases many of them ought to be paid for. This is indeed the ordinary practice. The general principle is that where villagers are required to perform any service for their own benefit or for that of the community at large the service need not be paid for, but that where the service is not for their own advantage it should be remunerated. This principle is approved by Government in a general way anil so long as the services demanded are not of a very onerous nature. But the rule must be subject to exceptions, and more especially in cases where the services involve considerable labour or an absence of two or three days from home. In such cases it is not reasonable to expect that the services should ordinarily be rendered free of payment. 59. Subject to these general remarks, it will be convenient to discuss briefly in the order in which they are set out in section 8 of the Act the various kinds of service which can law- fully be demanded. 60. Clauses (a) to (e) lay down the ordinary police duties of " the headman. The powers of search by headman are limited 88 PART III.â€”EXECUTIVE ORDERS. [CHAPS. Illâ€”iV. to the search for such property as is' concerned with cases specified in 7(c) of trie Act. He has no power to search the â€¢houses of suspects in cases which do not come within that section. Headmen appointed to exercise the powers of police officers have power to arrest persons committing an offence under section 5 of the * Gambling Act, which is a cognisable offence for which a police officer can arrest without warrant. In the performance of these duties the villagers are bound to assist him without payment- Remuneration if given at all should take the form of reward for specially good service rather than of payment for services performed at the call of public duty. 61. By clause (f) the headman is bound " to take such measures for the purpose of protecting the villages within his â€¢tract from unlawful attack as the Deputy Commissioner may advise." The genesis of this new clause will be explained in the following extract from the Report of .the Crime Enquiry Committee, 1923â€”â– " The question of village defence is one on which we have â– heard a large amount of evidence, and we agree with the great majority of witnesses in thinking that the existing arrangement, however excellent in theory, are in fact ineffective. In the first place we think that the compulsory fencing of villages is generally not worth the trouble which the proper upkeep of the fences imposes on the villagers ; nor as a rule as the posting of kins of any practical value in regard to the prevention of crime, as it is impossible to expect men to be alert all night .after a day's work and with another day's work before them. We are of opinion therefore that both fencing and the posting of kins should be left entirely to the option of the inhabitants of each village. We agree, however, with the majority of witnesses with whom this matter of village defence was discussed in thinking that some form of village organization should exist in each village, the scheme of defence in each case being worked out with due regard to the size, shape and situation of the village. The main idea would be that trustworthy indivi- duals in every village should have specific duties to perform. Such schemes could, we think, be worked out ,by village- committees with the assistance and advice of officials ; and in order to keep up interest, committees should be encouraged to hold periodical practices. " 62. It was to give effect to these new principles of village protection that section 8 (f) was drafted. In order tc put this new policy into practice, the following procedure should be .observed:â€” * Burma C.de, Vol. 11, page 353. â– PARAS. 61â€”64] DUTIES OF HEADMEN AND VILLAGERS. 89 Deputy Commissioners should on this subject invite head- men to consult their village committees and those persons of â– property and standing resident within the tract with a view to the formulation of concrete proposals, if such are considered necessary by the villagers, for the defence of the village. It will probably be found that headmen will require the assistance of Township Officers to enable them to prepare village defence schemes. This assistance should be freely given. When the Township Officer has submitted to the Deputy Commissioner a consolidated report indicating those villages in his township the headmen of which with the concurrence of those most interested in the safeguarding of their property have formulated schemes of village defence, the Deputy Commissioner should be able in most cases to approve of the schemes in bloc or with such modifications as the villagers raav be willing to accept. It may, however, be found in certain notoriously criminal areas, where life and property are endangered, that it will be in the public interest for the Deputy Commissioner to advise villagers to take special measures for defence in addition to those which they themselves have proposed. In giving such advice, which under section 8 the headman is bound to accept, the Deputy Commissioner should be careful not to violate the spirit of the amending Act by resorting to,this -course more frequently than necessity demands. 63. As clause {Â§) of Section 8 now stands, it is not permissible for a touring official to demand as of right from the headman either guides, provisions or transport, except in those villages which have been listed by the Deputy Commis- 1 sioner as being so situated that services of the kind are not easily available. All Deputy Commissioners should compile such a list, copies of which should be supplied to the district touring officers. In all other villages the touring officer will have to make his own arrangements for food, guides and transport. Orders 64 to 68 which follow, apply only to notified villages and to the case of troops and police. 64. In such notified villages there may be difficulty or impossibility in making payment for supplies' of water, firewood and grass for a single day in such a way that the payment shall reach the persons who provide the articles. The practice is for a crowd of women and children to bring these articles for the use of the officer, and, if payment is made, the money, it is said, finds a resting place in the headman's pocket. It is clear â€¢that (away from regular halting places and main routes) the 90 PART III.â€”EXECUTIVE ORDERS. [CHAPS. Illâ€”iV. provision of these articles is a very slight burden, and that it is impossible to divide the payment among the women and children who bring the supplies. 65. It has been decided, however, after due consideration, that it is desirable that payment should be made by officers for these supplies either to the headman or his agent (e.g., the cooly gaung where there is one), and that the headman should be left to settle with the women and children. In many villages there are village funds to which the marriage fees and other miscellaneous receipts are credited and from which expenditure on festivals is defrayed. The money paid for water, firewood and grass could be credited to these funds. Another suitable method would be for the headman to keep an account'book in which he would enter supplies of water, firewood and grass furnished to an officer and present it to the officer for payment and signature. The villagers would furnish the supplies in the manner most convenient to themselves and the headman would keep the money received from the officers and either divide it when a considerable sum had been collected or in Upper Burma he might pay it into the thathameda collection of his village reducing the demand upon the assessees by that amount. Officers checking the assessment rolls could see whether this system was honestly carried out. Any of these plans or any other suitable system may be adopted, but officers must understand that they have no right to free firewood, grass and water. 66. All supplies which it costs money or labour to procure and all carriage should be paid for at full rates, and where the number of carts required is large, special care should be taken 1 and arrangements made to render the duty of providing them as little irksome as possible and to apportion it as equally and. fairly as possible among the people affected. The provision of carts for the Police, Public Works, the Military and other departments, is believed to be one of the duties which fall most hardly upon the people. Commissioners are expected to see that the. rates of hire are fixed at a remunerative scale ; in districts where the requisitions are numerous Deputy Commissioners should give their personal attention to the arrangement of a roster, whereby the burden may be distributed as widely and as fairly as possible; and officfers of all depart- ments should keep their requirements within the narrowest limits and call for no more carts or coolies than are absolutely necessary. PARAS. 65â€”71] DUTIES OF HEADMEN AND VILLAGERS. 91 67. It has been found necessary especially to regulate requisitions by officers for ihe hire of ponies as some officials were in the habit of hiring ponies through headmen to do long marches when either they ought to have had ponies of their own or they ought not to have ridden at all. This practice discourages villagers from keeping and breeding ponies. The remedy appears to lie in fixing a rate for the hire of ponies that shall be practically prohibitive, and it has accordingly been laid down that one rupee a fl?Â«/Â«g or eight annas a mile shall be paid for the hire of each pony requisitioned. 68. A form of receipt (Form for the use of headmen who furnish supplies to officers on tour, has been included in the Guard-Book. 69. Clauses (t) to (k) require the headman to collect the revenue, to register vital* statistics if so ordered and to take various measures necessary for the health and safety of the community. In matters of this kind the headman may pro- perly require the villagers to assist him without remuneration, but care must be taken that he does not abuse his powers or needlessly harass the people. 70. Clause (/) requires the headman to supply informa- tion and clause (n) " generally to assist all officers of the Government in the execution of their public duties." This last clause is widely worded and must be worked with discretion. The clause does not cover requisitions for coolies to carry out forest and other departmental work. Services obtained under clause (n) legitimately for what are in fact private purposes, e.g., repairing the roof of a zayat or clearing a camping ground or carrying a letter (except from village to village in accordance with the custom of the country), should be paid for. 71. Deputy Commissioners should bear in mind that the wide powers conferred upon them and upon Township officers and headmen by the Village Act should be exercised with judgment and consideration ; and that the people of Burma, and especially of Upper Burma, are apt to submit without much complaint to annoyances and extortions which are in reality very burdensome ; they should remember that it is their duty to protect the people from such treatment, and to see that subor- dinate officials are kept in check and are not allowed to abuse their position and power to the harassment and annoyance of the residents in the tracts committed to their charge. 7 92 PART III.â€”EXECUTIVE ORDERS., [CHAP. IV, Prevention and Suffrzssion of Cholera.* 72. (I'iThe attention of District Officers is drawn to the heavy toll of life taken by the yearly visitation of cholera which few districts of the province escape. The recorded statistics, which doubtless represent only a portion of the actual mor- tality, show that the loss of life from cholera is far greater than that from plague, while owing to the rapidity with which it overruns a district, an outbreak of cholera is harder to check than one of plague. Yet the causes of a cholera epidemic are not obscure. In nearly every case in which such an epidemic has been traced to its source, it has been found that it has had its origin in a polluted water-supply and its spread has been, facilitated by failure to report promptly the first cases. 73. In village-tracts which are dependent on wells for their water-supply, the wells act as distributing agents in spreading the disease in a variety of ways. The ground round the well is polluted with infected matter which percolates into the water, or the water is directly infected by buckets from infected houses being used; quite frequently persons who have contracted the disease and their clothing are washed in close proximity to the wells. Much could be done to remedy this state of affairs if Rule io of the rules under section 29, sub-section (i), clause I d), of the A^t published in General Department Notification No. 451, dated the 9th December 1908 page 42),lwere strictly enforced and separate wells set aDart for drinking purposes, parapets constructed round such wells, and bathing or the washing of clothes and pollution of the soil generally within 20 yards of the wells prohibited. Where a village-tract is dependent on tanks for its supply, the rule makes similar provision for the setting apart of special tanks for drinking purposes, and the protection of such tanks from pollution. It is the duty of all officers to see that the rules for the protection of the water supply are properly enforced. They are far from drastic, and in village-tracts where the headman is intelligent and has authority, it should be possible to supplement them by requiring, eÂ£.,that where a well has been set apart for drinking purposes, a bucket shall be provided which shall be exclusively used for drawing water from the well, and no one allowed to draw water with their own buckets. Where a village-tract gets its water from a river it is equally possible to prevent pollution of the foreshore, while, in the event of an outbreak of cholera, the danger of * General Department Circular No. 16 0(1909. â– PARAS. 61â€”64] DUTIES OF HEADMEN AND VILLAGERS. 93 infection can be lessened by having wells dug on the foreshore, if that is feasible, and keeping them properly guarded or by arranging that water shall only be drawn from mid-channel where the current is swiftest. 74 As regards the reporting of outbreaks, it is necessary that in season and out of season it should be impressed on headmen hoiv essential it is that the first case of cholera should be promptly reported, as required by the rules, in order that measures may be taken to check the spread of the disease. Government is well aware of the difficulty of securing the co-operation of the people in this matter. When a man dies of cholera, his relatives are tempted to conceal the real cause of death from a desire not to forego the funeral ceremonies to which relatives and friends are invited. The company gathers in the infected house, and, on dispersing, spreads the infection far and wide. When this happens, steps should be taken to ensure that those responsible for the concealment of the cause of death are severely punished. In this matter also intelligent headmen who have authority can do much to prevent conceal- ment, if they can be won over to a belief in the efficacy of prompt measures dependent on prompt reporting of the first cases. 75- The danger of an outbreak of cholera can to some extent be lessened if due attention is paid to the enforcement of the rules which require latrines or cess-pits to be kept in a 'sanitary condition, and streets and lanes to be kept clean and free from weeds. When the disease has once broken out, its virulence can be checked by such measures as the closing of infected wells, the protection of other wells by permanganate of potash, the distribution of cholera pills, the disinfection of infected houses and house-sites, the burning of infected clothing and bedding, and, last but not least, by evacuation. Plague has in many cases been stamped out of districts by prompt evacuation, and it is desirable that evacuation should be freely resorted to in cholera epidemics. 76. The prevention and suppression of disease and the consequent saving of human life are not the least important duties of a District Officer. All officers should give a due share of their personal attention to the improvement of sani- tation in their charges, to the enforcement of the few simple rqles which have been passed for that purpose, and to the carrying out of the preventive and remedial measures which have been briefly indicated above. Such personal attention is particularly necessary in persuading the inhabitants of 94 PART III.â€”EXECUTIVE ORDERS. [CHAPS. Illâ€”iV. a village or district to agree to anti-cholera inoculation, by which preventive measure a large degree of protection against cholera infection can be obtained during epidemics. A supply â€¢ of cards containing simple instructions (vide Appendix VII) translated into Burmese or other local dialect can be obtained from the office of the Director of Public Health, Burma, for free distribution in the affected area, so that the inhabitants may be educated to safeguard their own articles of food and drink, and to take other necessary sanitary measures. Rzgistrati'on of Births and Deaths* 77. The following instructions for the collection and record of vital statistics are laid down with reference to the rulesf framed under section 29 (/) (d) of the Act. 78. For the registration of births and deaths in each district, the headman of each village-tract shall be supplied with birth and death registers of fifty leaves in Forms H and I and bifoil books in Forms C and D. Kach register and book will contain 100 pages, and the pages will be numbered from I to 100 in the Press. 79- The station-writer of a police-station to which the Deputy Commissioner has directed that the foils shall be sent shall send once a month to the Township Officer all the birth and death foils received from headmen of village- tracts in accordance with the requirements of Rule 7 of the Rules in this department Notification No. 10, { dated the nth February 1925. The Township Office Head Clerk shall check, sign and return the list. 80. In each police-station to which the Deputy Commissioner has directed that the foils shall be sent there shall be maintained a list of village-tracts from which birth and death foils will be received monthly, quarterly or half-yearly. 81. On receipt of the foils from the village headman and from all the police-stations to which the Deputy Commissioner has directed that the foils shall be sent in his township, the Township Officer shall forthwith prepare returns in Forms A and B separately for each English month of the * See Department of Public Health Notification No. 11, dated the nth February 1925 as amended by Department of Public Health Notification No. 123 (corrig.), dated the 16th December 1925. t5Â« Rules published in Department of Public Health Notification No. 10, dated the nth February 1925, page 39,ante. t Page 39, ante. â– PARAS. 61â€”64] DUTIES OF HEADMEN AND VILLAGERS. 95 preceding quarter, and in these returns the information for each village-tract shall be shown separately, the village-tracts being grouped according to the police-station jurisdictions. The returns, together with the foils arranged by village-tracts, should be despatched to the Civil Surgeon not later than the 2oth of the month succeeding the quarter to which the foils relate. Examphâ€”On receipt of the foils for December sent by' police-stations on or before the 7th January the Township Officer should prepare his returns for October, November and December separately and should despatch them to the Civil Surgeon not later than the 20th January. 82 The Township Officer shall also prepare returns for distant village-tracts for January to June in Forms A and B (a separate return for each month) in the month of July and send them to the Civil Surgeon on or before the 20th of that month. Similarly he shall prepare and forward returns for these distant tracts for July to December on or before the 2dlh January 83. In preparing his returns, the Township Officer should not include events which occurred in the current month. These foils should be sorted out and retained for inclusion in the next return. Examphâ€”Among the foils sent by police-stations on or before the 7th January there may be some relating to events which occurred in January. These should not be included in the December returns, which are due for despatch not later than the 20th January, but should be sorted out and retained for inclusion in the January returns, which will be due for despatch to the Civil Surgeon not later than the 20th April. If among the foils sent on or before the 7th January are found some relating to events which occurred in September, or earlier months, but which through neglect on the part of the headmen or the Police or any other reason, were not sent in good time, they must be included in the December returns, which are despatched to the Civil Surgeon not later than 20th January. 84. On receipt of all the Township returns a complete return for the whole district shall be prepared by the Civil Surgeon in Forms A and B and shall be forwarded through the Deputy Commissioner to the Director of Public Health, Burma, together with a note on any abnormal variations detected. In these returns the information for each rural police circle shall be shown separately. The returns shall be 96 PART III.â€”EXECUTIVE ORDERS. [CHAPS. Illâ€”iV. despatched not later than one month and fifteen days after the close of the quarter concerned. The " Rural Police Circle" for the purpose of Forrrs A and B is the area under the jurisdiction of a police-station excluding Municipal Towns and Notified Areas. 85- The Subdivisional Officer and the Township Officer, within their respective jurisdictions,, shall be responsible that births and deaths are duly registered. On visiting any village, tract they shall examine the headmen's registers and test the accuracy of the record by local enquiry, if necessary. They shall each record in the registers the date of every examination made under this rule. 86. Medical Officers, Public Health Inspectors and Inspectors of Vaccination, shall examine the headman's registers in the village-tracts which they visit and shall test the accuracy of the record by local enquiry. They shall record in the registers the date of every examination, and shall bring to the notice of the Township Officer any defects or discrepancies the) may discover. 87. The foils collected from headmen and the returns submitted by the Township Officers shall be kept in the office of the Civil Surgeon for five years, and shall then be destroyed. The registers of births and deaths in Forms H and 1 when completely filled shall be kept by the headman for one year after which they shall be sent to the Township Officer for transmission to the District Record Room for preservation for twenty years from the date of completion. Note.â€” Form A Public Health, Guard Book Form No, 18S Form B Do. Do. No. TgS Form C Do. Do. No. 20S Form D Do. Do. No. 21S Form H Do. Do. No. 20S (6) Form I Do. Do. No. 2 1S (6) Registration of Diaths of Cattle * 88. The following instructions} for the collection and record of statistics of cattle deaths are laid down with reference to the rules f made under section 29, sub-section (i), clause (d) of the Act. * Agricultural (Veterinary) Department Notification No. 8, dated the 4th September 1925. t The Bombay-Burma Trading Corporation, Limited, Rangoon, has been exempted from the provisions of the said rules in respect of elephants. (Vide Agricultural (Veterinary) Department Notification No. n, dated the 25^ November 1925).) I See Rules published in Agricultural (Veterinary) Department Notification No. 7, dated the 4th September 1925, page 55. â– PARAS. 61â€”64] DUTIES OF HEADMEN AND VILLAGERS. 97 89. For the registration of deaths of cattle in each district the headman of each village-tract shall be supplied by the Deputy Commissioner with counterfoil registers. Each register will contain 100 pages and the pages will be numbered from 1 to 100 in the press. 90. The station-writer of a police-station to which the Deputy Commissioner has directed that the foils shall be sent shall send all foils received by the 7th of each English month to the Township cffice. 91. In each police-station to which the Deputy Commis- sioner has directed that the foils shall be sent there shall be maintained a list of village-tracts from which cattle death foils will be received monthly, quarterly or half-yearly. 92. On receipt of the foils from headmen and police-stations in his township, the Township Officer shall forthwith prepare a return in the form prescribed by the Veterinary Adviser for the preceding English month, and in this return the information for each village-tract will be shown separately. The return should be despatched to the Deputy Commissioner not later than the ist of the succeeding month. Example.â€”On receipt of the foils sent by the headmen or police during January the Township Officer should prepare his return for December and should despatch it to the Deputy Commissioner not later than the ist February. 93. In preparing his returns, the Township Officer should not include deaths which occurred in the current month. Some of the foils received will relate to deaths which occurred in the current month. These should be sorted out and kept over for inclusion in the next return. In the case of foils received from villages which are only required to send them in quarterly or half-yearly, the Township Officer should prepare separate returns for the preceding quarter or half-year, as the case may be, when sending in the monthly returns for March, June, September and December. 94. When the returns from all Township Officers in the District have been received, consolidated return for the month (as also for the quarter and half-year when they are due) shall be sent to the Veterinary Adviser to the Government of Burma, as soon as possible. 95. The Subdivisional Officer and the Township Officer, within their respective jurisdictions, shall be responsible that deaths of cattle are duly registered. On visiting any village- tract they shall examine the counterfoil registers and test the 98 PART III.â€”EXECUTIVE ORDERS. [CHAPS. Illâ€”iV. accuracy of the record by local enquiry, if necessary. They shall each record on the reverse of the last used counterfoil the date of every examination made under this paragraph. 96. All officers of the Civil Veterinary Department shall examine the counterfoil registers in the village-tracts which they visit and shall test the accuracy of the record especially with regard to the cause of death, by local enquiry. They shall record on the reverse of the last used counterfoil the date of every examination, and shall bring to the notice of the Township Officer any defects or discrepancies they may discover. 97- The foils received from headmen and police-stations shall be kept in Township Offices until the ist July of the year following that to which they relate and shall then be destroyed. The returns submitted by Township Officers to the Deputy Commissioners shall be destroyed so soon as they have been embodied in the return sent to the Veterinary Adviser to the Government of Burma. Copies of the returns sent to the Veterinary Adviser to the Government of Burma shall be preserved in the district office for two years and then destroyed. * Duty of Headmen in the m itter of Tree-felling on hanks of Streams. 98. The attention of District and Forest Officers is invited to Rule a6f of the rules under the Burma Forest Act, 1902 This rule has been made mainly with a view to the protection of fish. Many kinds of fish will not breed in shadeless streams and it is of much importance, in the interests both of the people and of the Government revenue, that streams should not be depleted of fish by the deforestation of their banks. Deputy Commissioners should give effect to the rule in consultation with Forest Officers. Under the ^ule banks of streams may be protected both for the sake of the fish and also in cases in which the preservation of timber is important for climatic purposes. It is very important to preserve timber about the headwaters of streams. It must be remembered that under the definition of " tree " in the Forest Act the term "tree" includes palms, bamboos, stumps, brushwood and canes. * See Forest Department Circular No 8 of 1891. t Page 59, Burma Forest Manual, Edition 1923. â– PARAS. 61â€”64] DUTIES OF HEADMEN AND VILLAGERS. 99 99- Under section 34 of the Forest Act, Forest Officers in charge of divisions have authority to permit the cutting of timber in areas which have been notified by Deputy Commis- sioners under Forest Rule 26. In granting permits in such areas Forest Officers should only permit such cutting of timber as will thin the forest without affecting the shelter. 100. Many of the areas which will be notified under Rule 26 will be in places where no officers of the forest protective staff are stationed. It is accordingly necessary that the duty of seeing that the rules are observed should be performed in many parts by headmen. Deputy Commissioners are requested, when notifying areas, to communicate their orders to the headmen having jurisdiction M'ithin the areas notified, and to require the headmen to see that the prohibition of felling is not infringed and to bring any breaches of it to notice. * Duties of the Headman and Residents of a villagi-tract in risptct of thi Rigulation of Village Common Land. 101. The attention of Deputy Commissioners is invited to the rules under the Lower Burma Land and Revenue Act, 1876, and the Upper Burma Land and Revenue Regulation, 1889, ^e allotment, management and regulation of village common land. These rules have been made to prevent the misuse of village common land It is the duty of head- men to see that the produce is not extracted for sale, and that trespassers from other villages are not permitted to extract forest produce from the village common land. . Deputy Commissioners should instruct headmen to see that the rules are observed and to bring any breaches thereof to notice. A legal obligation rests on the Committee and other residents of the village-tract, to communicate to the headman any informa- tion received respecting the commission of, or attempt or intention to commit, within the village common land, any of the offences above mentioned and, when so required by the headman, to assist him in the execution of his duties aforesaid. 102. Executive Orders 113, 114 and 115 in the old edition of the Burma Village Manual have been omitted, as the duties of headmen specified therein are dealt with in , X to XIII of the Lower Burma Headman's Manual. " IX to XLI of the Upper Burma Headman's Manual. * Government of Burma Revenue Dep^rcment Notification No. Â»5, dated the 13 th March 1*023, and Fina-icnl C ommissi"ner's Notification No. 34, dned the 20th March 1923. CHAPTER V. Collective Punishment of Villagers Accessory to Crime. Imposition of Fines on Village-tracts. 103. As indicated in the preliminary orders on page 75, Act IV of 1924 has largely modified the conception of the communal responsibility of villagers in respect of criminal offences within their tract. As the law now stands, the residents of a village can only be communally fined in two cases (1 ) if they or any of them have failed to resist an attack on the village and (2) if they have failed to take all reasonable means to prevent the escape of any criminal. That is to sa y that they cannot now be fined for harbouring criminals or for suppressing evidence in a criminal case. Nor can they be fined if stolen property is traced to their village. Though the power to fine a whole village in these matters no longer exists under section 1 ] it is the duty of every villager to give information to the headman regarding the commission of or attempt or intention to commit offences specified in section 7. If he fails to do so, he, as an individual, can be fined by the headman or the village committee under section 12. Every effort should be made to enlist the support of the village committee for measures intended for the suppression of crime and police officers, especially should make a point of consult- ing these committees and obtaining from them any information they may have to give about criminals in the locality 104. In the two instances included in section 13, i.e., failure to resist attack and allowing a criminal to escape, the Deputy Commissioner's powers remain as under the old Act. If a village is fined and if it appears that the village committee was implicated, the Deputy Commissioner would be well advised to act under the proviso to section 5A, sub-section (3), and to declare that the continuance in office of its members was contrary to the interests of the residents and to order a new election. In more extreme cases, when it appears that no village committee can function owing to the preponderance of the criminal element, the Deputy Commissioner should fall back upon section 5A (1) and move the L ocal Government to exclude by notification that village-tract from the operation of section 5A. Occasional action of this kind will impress on other village committees the importance of their responsi- bilities. Full Text PAGE 1 THE Burma Village Manual CONTAINING THS Burma Village Act, 1907, as amended by the Burma. Towns and Village Amendment Act, 1912, the Burma Village Amendment Act, 1914, the' Burma Village Amendment Act, I921, the Burma Village Amending Act, 1924, and the Burma Village (Amendment) Act, 1925, and Rules and Orders issued thereunder. ( Corrected up to thâ€¢ 15th A.pril 1926.) Rangoon: Supdt., Govt. Printing and Stationery, B1Jrma 1926 PAGE 2 LIST OF AGENTS FOR THE SALE 01'' GOVERNMENT PUBLICATIONS. IN BURMA. AMERICAN BAPTIST MISSION PRESS, Rangoon. BISWAS & Co .. 30, Lewis Street. Ran~oon. BRITISH BURMA PRESS BRANCH, RaMoon. THE BURMA BOOK CLUB, LTD., Post Box No. 1068, Rangoon. INrERllATIOllAL BUOOHIST BOOK D&POT, Post Box !llo. 971, Ranl!oon, MODERN PUBLISHING HOUSE, LTD., Rangoon. NEW LIGHT OF llURll!A PRESS, 49, Phayrc Street, Rangoon. RANGOOll TmES PRESS, Ra,igoon. MAUNG Lu GALE. Law !look Depot. 4'!, Ayo-o-ga[e, Mandalay. BURMA PUBLISHJ)IG co .. 7l. Upper Main Road. Moulmein. IN [NOIA. BUTTERWORTH & Co. ( India), Lttl., Calcutta. S. K. LAHIRI & Co., 56, College Stre-,t. Calcutta w. NEWMAN & Co., Calcutta. THACI,ER, SPINK & Co., Calcutta and Simla. D. B. TARAPOREVALA, SONS & Co .â€¢ Bombay. THACKER & Co., Ltd., Bombay, HIGGINBOTHAM & Co., Madras. 11'1' EUROPE. The publications are obtainable either direct from the office of the HIGH COMMISSIONER FOR INDIA, 42, Grosvenor Gardens, London, S.W. 1, or through any bookseller. PAGE 3 PREFACE. A fresh edition of the Village Manual of 191 7 has been entailed by the passing of the Village A;nending Act of 1924. The new Act modified the Act of 1907 in certain fundamental pirticulars and an extensive revision of the Manual has in consequence been necesnryThe attention of officers is drawn to the Executive Orders which have been largely rewritten. The differences between the old and the new Act are there brought out. References to the appropriate por tions of these orders are contained in the foot-notes to the Act. Act V of 1925 was a short Act varying in certain small particulars Act IV of 1924. Here also the foot-notes to the Act indicate where the changes have been made. PAGE 4 TABLE OF CONTENTS PART I. The Burma Village Act, 1907, as amended PART II. STATUTORY RULES AND ORDERS UNDER THE ACT. l'AGK 3 Commencement of the Act-.;ection l (3) 27 Appointment of headmen-section 5 (1) ib. Election and procedure of village committees-;ection 29 ( 1) (c c) ib Offences specially declared to be triable by Village committees or head-men-section 9 (2) (e) 30 Trial of civil suits by headmen or village committees-section 29 (r) (f) 31 Disposal of fees levied under section 6 ! 4) or section 9 (9)-section 29 (r) (g) 33 Rules prescribing headmen's register and requiring written receipts-section 29 (I) ( i) 34 Remission or rP.fund of fines-section 29 (1) (i) ibâ€¢ Supply of information to Military Officers-section 29 (1) (i) i6. Rules requiring headmen to report establishment of cutch camps-section 19 (1) (i) ib, Revision of decisions of village committees or headmen in civil suits-section 6 ( z) 35 Delegation to subordinate officers of the powers of a Deputy Commissioner under the Act-section 2~ ib. Powers and privileges of police officers conferred on headmen and on rural policemen and duties to be performed by rural policemen-section 29(1) (a), (b) and (c) 36 Orders regarding P1uBs-section u (3) 3!1 Registration of births and deaths-section 29 (1) (d) 39 Duties of headmen for the prevention of the spreading of small-pox section 29 1 I) (d) 42 Duties of persons residing in a village-tract in respect of public nuisances and sanitation, contagious or infectious disease among human beings and fires and the duties of headmen in respect of public nuisances and sanitation,scontagious disease among human beings and fires-section(1) (d) ib. Duties of headmen and residents of a village-tract in respect of the prevention of the spreading of leprosy-section 29 (1) (tl) 48 Duties of headmen and residents of a village-tract in respect of the prevention and suppression of cattle disease -section J9 ( 1) (d) and w @ Registration of deaths of cattle-section 29 ( 1) (d) 55 Duties of headmen and residents of a village-tract in respect of the slaughter of cattle-section t19 (t) (d) .â€¢. 56 Regulation of pawn-shops in village-tracts-section IOA (a) and (3) 63 PAGE 5 .. 11 PART III. EXECUTIVE ORDERS UNDER THE ACT. PAGE CBAPTBR I-Preliminary 7 S CaAP'lER II-Appointment of Headmen, constitution of Village Committees, etc. 76 CHAPTER III-Status and privileges of Headmen 82 CHAPTER IV-Duties of Headmen, Village Committees and Villagers ... 86 CBAPTl!R V-Collective panishment of villagers accessory to crime 100 CHAPTER VI-Provisions respecting residence in village-tracts and erection of houses .â€¢â€¢ 104 CHAPTBR VII-Miscellaneous orders APPENDICES. 1.-The Village-System. Minute by Sir Charles Crosthwaite 11.-Revenue Collection by Headmen-Circular No. 6 of 189"> UL-Rules for, the levy and assessment of the thathameda-tax lV.-Control of Horse and Pony Race-Meetings V.-Instructions regarding Forest Viliagers ... VL-Heads of infor:nation for Village Sanitary Records VII.-lnstructions for the Prevention of Cholera INDEX. 106 PAGE 6 PART I. The Burma Village Act (Burma Act VI of 1907), as amended by Burma Acts II of 1912, I of 1914, I of 1921, IV of 1924 and V of 1925. PAGE 7 THE BURMA VILLAGE ACT, 1907 As amended by the Burma Towns and Village Amendment Act, 1~12, the Burma Vi.llage Amendment Act, q14, the Burma Village Amendment Act, 1921 the Burma Village Amending Act, 1924, and the Burma Village 1Amend;nent) Act, 1925. CO.\JTENTS. Prehmnary SECTIONS. 1. Short title, extent and commencement. 2. Repeal. 3. Effect of Act. ..:. Delinitions. 5. Determination of village-tracts and app >intment of headmen and rural policemen. t5A. Constitution of villabe committees. Duties and Powers of Headmen and Rural Polz"cemen. 6. Civil jurisdiction of he;idman. 7. Headman bound to report certain matters. 8. (ieneral du.ties of i,eadman and rural policeman. 9. Disposal of petty criminal ca,es by headman. 10. Penalty for neglect of duty or abuse of authority by headman. or rural po!icem an. General Duties of Villagers. I!. General duties of persons residing in village-tracts. , I2. Penalty on villagers for negie,:t of such duties or failure to assist headman or rural policeman. 13. Fine on villagers accessory to crime. * 14. [Fine on villagers where .ho >nicide is committed or attemped]. Provisions respecting Residence in Village-tracts and Erection of Houses. * 15. [N ott'jicatz'o1i of residence of stranf!.ers in vt"llage-tracts]. * 1 LJ. [ Penalty for breach o.f section r 5 and dz'sposal by headman of such cases]. .! 7. Prohibition of unauthorized settle11;ent of 'stranger3 in village trncts. t Inserted by section 4 of Burma Act IV of r . .:,24, â€¢ Repealed by section 12 of Burma Act IV of 19J4, PAGE 8 PART 1.-THE BURMA VILLAGE ACT, 1907. SECTIONS. 18. Prohibition of the establishment of new villages without per mission and of the erection of l10uses outside villages. 19. Penalty for breach ot orders under immediately preceding sections. Procedure for evicting persons convicted under this section. *20. [Power to requt"re residents to remove J. Pawnshofs. t20A. Licensing and regulation of pawn-shops. u. Pena!ty for holding, p~omoting or taking part in an unlicensed pwe. t2 IA. Surrender of offensive weapons to he,idman on demand . â€¢ Supplemental Provisions. 22. Mode of recovering fines. 23. Finalitv of orders. 24. Delega'tion of po\\'ers of Deputy Commissioner, Subdivisional Otlicer and To"'n.ship Officer to certain classes of officers. 25. Provisions with r~spect to ~molum ,nts of hs)admen and ,.ural policemen. 26. Bar to jurisdiction of Civil Courts in matters relating to ;., ppointment of headmen, etc. 27. Amendment of section 9 of Act II of Il. PAGE 9 THE BURMA VILLAGE ACT, 1907 As amended by Burma Act II of 1912, Burma Act I of 1914, Burma Act I of 1921, Burma Act IV of 1924, and Burma Act V of 1925. PASSED BY THE LIEUTENANT-GOVERNOR OF BURMA IN COUNCIL. (Received the assent of the L1'e11tenant-Governor on the 30th September 1907, and of the Governor-Gemral ou the 6th NO?:ember 1907, and was published in the Burma Gazette of the 30th November 1907 .) An Act to consolidate and amend the law relating to the Village-system and Rural Police in Burma. WHEREAS it is expedient to consolidate and amend the law Preamble, relating to the village-system and rural police in Burma; It is hereby enacted as follows :I. (1) 1907. Preliminary. This Act may be called the Burma Village Act (.2) It extends to the whole of Burma; and Short title, CJ:â€¢ tent and comenccment. (3) It shall come * into force on such date as the Local Government may, by notification, appoint on this behalf. 2. The enactments mentioned in the Schedule are hereby Repeal. repealed to the extent mentioned in the fourth column thereof. 3. This Act shall take effect notwithstanding anything in EtrectofAct. any enactment for the time being in force. 4. In this Act unless there is anything repugnant in the oe11ntt1on1. subject or context,-( I) " headman" means the person appointed to be the â€¢â€¢Headman.'â€¢ headman of a village-tract under section 5 : * The Act came into force on the 1st January 1908 (General Department Notification No. 445, dated the 14th December 1907, page 27). The Burma. Village Amending Act, 19J4 (IV of 19~4) came into force on the 20th December 1924 (General Department Notification No. 218, dated the 20th December 1924, not reproduced). PAGE 10 Rule." "Stelcu property." u SubdiYiaional Officer." ''Townâ€¢hlp Officer." â€¢â€¢ Town." â€¢â€¢Village.'' " Village-tract." ' 6 PART 1.-THE BURMA VILLAGE ACT, 1907. (2) "rule" means a rule made by the Local Gove~nment under this Act : (J) "stolen property" has the meaning assigned to that XLVofl8111 term by section 410 of the Indian Penal Code: (4) "Subdivisional Officer" means the officer in charge of a subdivision of a district as constituted for revenue and general purposes: (5) "Township Officer" means the officer in charge of a township as constituted for revenue and general purposes: (6) "ton-n" means a local ;.irea declared to b~ a town for Bar. Act n 1~07. the purposes of the Burma Towns Act, 1907: (7) "village" means an area appropriated to dwelling places not included within the limits of a town:* (8) "village-tract" means the local area under the jurisdiction of a headman, including a village or group of viilagis and adjacent lands: andlli t (9) "village committee" means the village committee established for a village-tract under section 5A. Detcrmlaation 5. ( 1) Tlw Deputy Commissioner may declare that any â€¢f â€¢iliag~tracts local area shall be a villaae-tract ancl when necessary may and appointment :---, , , , -â€¢f headmen and determine t the limits of any village-tract n,ral policemen, t(2) The village headman for every village-tract shall be appointed by the Deputy Commissioner. The Deputy Commissioner shall, however, in all cases ascertain the wishes of the villagers by means of an election, and shall only overru1e the result of the election in accordance with rules made bv the Local Government in this behalf. (3) -~ The Deputy Com111issioner, or a Subdivisional or Township Officer empowered by the Deputy Commissioner in this behalf may appoint a run.I policeman or more than one such policeman in any village-tract. â€¢ Amended oy Burmil. Act IV of IQ'2.\-, section J (a), (b\ and :c). For orders relating to village committees of amalgam.ited-vilh.ge tr.'.ICL<;, sse, par.1graph 16, page 79. t For orders about fixing of and changes in village jurisdictions, see paragf'aphs 134-136, pages 106 and 107. t A mended bv Burma Act IV of ")24, section 3. On this subject see General Department Notification No. ug, dated the 20th DecembPr 19i~, as amended by General Department Notification No. 113, dated the I 3th ] uly 1925, page 'l7, and paragraphs 5-8, pages 76 and 77, ln~tructions about Myuthugyis in Upper Burma are contained in paragraphs 18-'J5, pages 7}-81. About status and privileges of headmen, see Chapter 111. page h ~or registers t1 be maintained by headmen, see paragr~ph 164, page 117. For instructions about the appointment of rural policemen in Lower Burma and Ywagaungs in Upper Burma,see paragraphs 30-3~. pages 81 and 82. In addition to his dutie,; under the Act a.s an ordinary villager, a rural policeman in Lower Burma h:is t,, perform the duties set forth in rules 3 and 4, page 37, PAGE 11 Ill of 1889. KIVof 1887. SECTIONS 4--6. 7, -----------------------------------( 4) Every local area constituting, immediately before the commencement of this Act, a village, as defined in the Lower Burma Village Act, 1 889, or in the Upper Burma Village Regulation, 1887, shall be deemed to have been declared to be a village-tract for the purposes of this f. c t ; ancl all appointments, rules, orders and notifications made or issued under any enactment repealed by this Act and in force immLcdiately before the commencement of this Act shall mutatis mutandz"s be deemed to have been made or issrnd under this Act. *SA. ( 1) For every village-tract there shall be constituted 01~f1 ~:~ 1!11tlon a village committee for the purpose of exercising such powers commltteeo, as arP. or may be conferred upon t!,e village committee under this Act or any other law, and for the purpose of advising the headman in matters concerning the general welfare of the village-tract; provided that the Local Government may by notification t exclude any village-tract from the operation of this ~ection, in which case all the provisions of this Act relating to village committee shall, where the car.text so permits, be deemed to apply to the headman. (2) The headman shall be a member and the chairman of the village committee. (3) The remaining members of the village committee shall be not more than four persons elected by the residents of theâ€¢village-tract in accordance with such rules+ as may be made in this behalf. Each of such members shall be entitled to remain in office for three years from the date of his electioh unless he resigns before the expirati,.on of that period ; provided that any such member shall be deemed to have resigned his office if the Deputy Commissioner, by order made upon sufficient grounds, declares that the continuance in office of such member is contrary to the interests of the residents of the village-tract. Duties and Powers of Village Commz"ttees, Headmen and Rural Polcemen. : " 6 (1) The Commissioner may by norification invest any c1nliarlsd1ct1oa Y â€¢ â€¢ ' ' of headman, village committee with the powers of a Civil Court for the * lmerted by Burma Act l V or 1924, section 4. t '.'-uch 'otifications arp not reproduced. t For rules, see pages 27-_---..o. A mended by Burma Act l V ol 192-1-, sections 5 and 6, For rules reg;uding the trial of Civil suits, see General Department Notification No. 2.2r, d~ted tht 201h December 1924, page 31, For orders relatin~ to village commtttees, see paragraphs 9 to 17, pa~es77 to 79 Villa.e comm1ttees or headmen when specrally empowered under this . . . . !\lis,eUaneous. section are given appointment orders m Form """'v,..,,""'il __ _ 1 age 25. PAGE 12 Headman bound to report certain matters. 8. PART I.-THE BURMA VILLAGE ACT, 1907. trial of suits between persons of whom both or all, as the case may be, reside within the village-tract, and may, by general or* special notification, specify the classes, and the value not exceeding fifty rupees, of the suit which such village committee may try. ,_2) I 11 ;rny suit tried in exer~ise of powers conferred under sub-section (!), the decision of the village committee shall, subject to revision by such authority as the Local Government may appoint tin this behalf, be final. (3) Notwithstanding aJJything in the Code of Civil Procedure, a person shall not be bound to institute a suit in the Court of a village committee. (4) A fee t shall be paid to the headman on the institution of a suit in the court of a village committee at the following rate:-One anna in the rupee on the value of th~ suit with a a minimum fee of one rupee, or two rupees if the suit is a matrimonial suit or oLhenvise not capable of valuation. 7. (1) Every he3dman shall forthwith communicate to the nearest Maaistrate, or the officer in charge of the nearest police-statio~, whichever is the nearer, any infurmation which he may obtain respecting-(a) the permanent or temporary residence of any notori ous receiver or vendor of stolen property in his village-tract; (b) the resort to any place within or the passage through, his village-tract of any person whom he knows, or reasonably suspects, to be a dacoit, robber, escaped convict or proclaimed offender; (c) the commission of, or attempt or intention to commit any of the following offences within his village-tract, namely :(7') murder; . U,i) culpable homicide not amounting to murder ; Uz'i) dacoity ; (1'v) robbery ; (v) offence against the Indian Arms Act, 1878 ; or * The practice is tn issue a special noti_fication in each cas~.. . t The Township Ofhcer has b. een appomted to be the cev,sing authority : see General Departrr.ent Notifica!i_on _No. 249, d~ted the 14th July 1y<>S, ~s amended by General Department Not1ficat1on No 78, dated the rd May 19s5, page 35. t The headman is entitled to retain these fees under Rule I o at page 3'2XIV of 1881 PAGE 13 ll of 1878. V of 1898, SECTIONS 7-8. 9 (v1') any other offen~e respecting which the Deputy Commissioner by general or special order, made with the previous sanction of the Commissioner. d:rects him to communicate information ; (d) the occurrence in his village-tract of any sudden or unnatural death or of any death under suspicious circumsta 11ces ; (e) *any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respâ€¢~cting which the Deputy Commissioner by general or special order, made with the previous sanction cf the Commissior;er, has directed him to comrnunicatP. information. (2) Section 4.'i of the Code of Criminal Procedure, 1898, shall not apply to the areas rn which this Act is in force. 8. (1) ~very headman shall be bound to perform the iu":1!!':!r following public duties. namely :(a) to investigate every offence respecting which he is policeman. required by section 7 to communicate information; (b to search for and arrest any person whom he has reason to believe to have been concerned in the commission or atternpte PAGE 14 ;IO PART 1.-THE BURMA VILLAGE ACT, 1907. (g) *to collect and furnish, upon receipt of payment for the same in advance, at such rates as the Deputy Commissioner, with the sanction of the Commis sioner, may from time to time fix, guides, supplies of food, carriage and means of transport for any troops or police posted in or near or marching through the village-tract or for any servant of the Government travelling on duty and, on the written order of the Deputy Commissioner, for any traveller: t Provided that except in the case of troops or police, the provisions of this clause shall apply only to the headman of village-tracts which are notified by the Deputy Com missioner, with the sanction of the Commissioner, as being village-tracts where the conditions are such that the furnishing of services or supplies as specified above at reasonable rates is no~ ensured: tProvided also that no headman shall be bound to collect supplies beyond the limits of the village-tract of which he is headman, or to furnish carriage or means of transport for more than twelve hours' journey from such village-tract unless the Deputy Commissioner certifies in writing that it is necessary in the public interests that carriage or means of transport should be supplied for a longer period in which case the Deputy CommissioneF shall fix higher rates of payment than the rates of payment for journeys of twelve hours or less : Provided also that no headman shall requisition for personal service any resident of such village-tract who is not of the labouring class and accustomed to do such work as may be required; Explanation.-A servant of the Government proceeding on or returning from authorized leave shall be deemed to be on duty for the purposes of this clause; (h) l Repealed by Burma Act IV of 1924). (i) to collect or aid in collecting revenue and other money due to the-Government from residents of the village-tract or persons holding land therein ; * The question of how far services under this and the following sub-sections can be demanded free of payment is discussed in paragraphs 63-71, pages 89-91. t Inserted section 7 (b) of Burma Act l V of 19i-1-. t Amended by section 5 of 13urma Act 11 of L91~ and section 7 (c) of Burma Act IV of 1924. PAGE 15 SECTION 8. :11, (j) if so ordered, and in accordance with such rules * as may be made in this behalf, to register all births and deaths which take place within the villagetract, and any other vital statistics which may be prescribed by such rules; (k) to superintend and control and to take such measures as may be prescribed in any rulest made in this behalf forfirst/y,-the prevention of public nuisances ; secondly,-the cure or _ prevention of the spreading of any contagious or mfectious disease among human beings or domestic animals of any kind ; thirdty,-the prevention and extinction of foes; fourthly,-the. general sanitation of the village-tract; t .fifthl),,-the regulation of the slaughter of horned cattle, ponies, sheep, goats and swme, and the sale of the flesh thereof ; (l) to supply to the best of his ability any local infor mati?n which any Magistrate or officer of police may require; (m) to disarm any person found in possession of any weapon of the kind mentioned in section 2 1 A while proceedini; to, returning from or being present at a jwe held in the headman's village-tract; and (n) generally to assist all officers of the Government in the execution of their public duties. II (2) Every rural policeman shall be bound to perform such public duties similar fo those imposed on a headman by sub section ( 1) as may be imposed upon him by rules 1 made in his behalf. (3) ** Every headman shall have power to arrest any person who commits an offence punishable under section 510 of the Indian Penal Code. t:; * See Rules published in Department of Public Health Notification No. 10 dated the lith 1February 19,5. pages 39-42, and Agricultural (Vecy.) Department Notification No. 7, dated the 4th September 1925, pages 55 and 56. t The rules are printed on pages 42-55 and 56-63. t'Amended by section 2 of Burma Act 1 of 1921 . . ; This clause was inserted and the original clause (m) reâ€¢Jettered clause (n) by section :., of Burma Act I of 1914. ; II Rule 7 at page 34 provides that headmen in Upper Burma shall give information to Military Officers in command of posts or of parties or columns or travelling on .duty when require~: Rule 8 r~quires headm.en in Upper Burma to report establishment of cutch boiling camps m or near their village-tracts, Forest Department Circular 8 of 1891 (reproduced in paragraphs 98-100, pages 98 and 99 imposes on headm1:1n the duty of giving effect to the orders prohibiting the felling of trees on the banks of streams and on the sides of roads, See Rules 3 and 4 on page 37 â€¢â€¢ Inserted by section 5 of Burma Act II of 1912. 2 PAGE 16 Di.poul of petty criminal cue, by heJld. .... 12 PART 1.-THE .BURMA VILLAGE ACT, 1907. _ 9.* (r) If any of the offences mentioned in the next following sub-section is committed in a village-tract, the village committee may, on complaint. made to the headman take cognizance of it and try any pers'on accused thereof. (2) The offences referred to in sub-section ( 1) are the fqllowing, namely :(a) assault ; (h) theft when the value of the property stolen does not exceed five rupees ; (c) mischief when the mischief causes damage to an amount not excee_ding five rupees ; (d) criminal trespass; (e) any other offence t which the Local Government rna;r, by qotification, decia.re to be triable by a village committee under sub-secuon ( 1 ). (3) If the accused is convicted, he may be sentenced to fine not exceeding five ruptes or,-if the offence was theft or mischief, twice the value of the proper~y stolen or twice the amount of the damage caused, as the case m<1.y be, or to confinement for a i:erm not exceeding twenty-four hours in such place as the-Deputy Commissioner may appoint tin this behalf, or to both (4) A village committee specii1l1y empowe~ed by the Commissioner in this behalf may, on complaint,: try any person accused of theft or mi~chief when the value of the property stolen or the amount of the damage caused does not ex_ceed fi{ty rupees, and may in any case so triable, seqtence the . aGcused, on conviction, to fine II noc exceeding fifty rupees.or to confinement for a term not exceeding fifteen days in _such place as the Deputy Commissioner may ~ppoint t in this behalf, or to bqth . . (5) 1 -Procee~ings under this sectiqn shall be held in th PEesence of the compli!-in_.=mt and_ the.accused. * Amended by section 9 of Burma Act IV of 1924 and section 3 of-Burma Act V of 1925. t See Notifications printed on page 30. t As !e~ards places of confinement, sec paragraph 138, page 107 Para graph 139 prescribes a form of.w;irrant. For orders relating to special po.1ers of village committees and headmen see .raragrapr-, 13, .page 78. A village committee when specially empowered b â€¢ . M isceJlaneous' under thrs su -section rs given an appomtment ord~r rn form V'!lages 26 ~ IJ These fines are credited to '' XXXV.-Miscellaneous-Other Fees, Fines and Forfeitures (a) _Fines, e~c .. levied under the Burma Village Act." paragraph i,$7, page n~, Reg:irding power_ of . the village committee or headm.in to _require the attendance of an accused person, see para_graph qo, page _108.

PAGE 17

SECTIONS g--r I. (6) The offence out of w~ich theproceed~ngs have a~isen may be compounded at any time before the village committee pronounces its decision. . . (7) The proceedings need not be red_uced to wntmg, but such record shall be kept of the cases decided asthe Deputy Commissioner directs, (8) The whole or any . part of any fine imposed for an offence referred to in this section may be awarded as compensation to any person injured by the offence, (9) * A-fee of one rupee may be levied on a c0mplaint ,under sub-section ( 1 _l and of.two rupees on a complaint under sub-section (4) but no otherifees shall be leviable in any case under this section. (10) If the accused is convicted, the amount of any fee .paid in respect of the complaint sha~I be recovered from him as if it were a fine imposed under this Act and be repaid to the complainant_ ( 11) Nothing contained in this se_ction shall enable a village committee to try any person who 1s accused of an offence punishable under Chapter XII or Chapter XVII of the,Jndian LV 01 1sao. Penal Code with imprisonment for a term of three years or upwards and who has been previously convicted ofany offence punishable under either of those Chapters with imprisonment for a term of three years or upwards. 10. t If a headman or rural poli
PAGE 18

14 PART I -THE BURMA VILLAGE ACT, 1907. (b) to r~sjst any unlawful attack made upon any village within the village-tract * ; (c) to take such measures as may be prescribed in any rules t made in this bel1alf for-(i) the registration of births, deaths and vital statistics ; (ii) the prevention of public nuisances; (iii) the care or prevention of the spreading of any contagious or infectious disease . among human beings or domestic animals of any kind ; (iv) the prevention and extinction of fires ; ( v) the general sanitation of the village-tract ; and ( vi) i the regulatior. of the slaughter of horned cattle, ponies, sheep, go;:i.ts and swine, and the sale of the flesh thereof; (d) on the requisition of the headman or of a rural police man to assist him in the execution of his public duties. Explanation.-A requisition under clause d) may be either general or addressed to an individual. Penaltyo11 I2. If any person residing in a village-tract refuses or yl11ager1 for l " f h bi" d â€¢ â€¢ d meglect of such neg eCtS to pertorm any O t e pu IC UlleS Impose upon dntlea or failure h" b h. A t b I h d h h Jl â€¢ h to â€¢â€¢iâ€¢â€¢t head. 1m y t IS c or y any rue t ereun er, e s a , m t e 111a11 or rural b f bJ h b d f h" h pollccmaa. a sence o reasona e excuse, t e ur en o provmg w IC shall lie upon him, be liable-(i) by order of the headman, to fine not exceeding five rupe.es, or (ii) by order of the village committee, on the case being referred to it by the headman, to fine not exceeding ten rupees, or to confinement for a term not exceeding 48 hours in such place as the Deputy Commissioner may II appoint in this behalf, or to both, or (iii) on conviction by a Magistrate,1 to fine not exceeding fifty rupees ,or to imprisonment for a term not exceeding one month, or to both. Flu ont113. *â€¢ The Deputy Comrr.issioner may, with the sanction :g~.111~cmory of the Commissioner, impose fines on all or any residents of a village-tract if after enquiry he has found that they or any of â€¢ For orders on this subject, see paragraphs 61 and 62, page 88. t For rules, see pages 39-63. t Amended by section '2 of Burma Act I of c921. Amended by section 10 of Burma Act lV of 1924 and section 3 of Burma Act V of 1925. II For orders on the subject, see paragraph 138, page 107, post. ,r Cases tried by Magistrates under this Act will be entered in the ordinary Judicial registers and returns, ** Amended by Burma Act IV of 1924. Instructions regarding the working of this section are-contained in Chapter V, page 100.

PAGE 19

SECTIONS II-I9. rs them have failed to resist an attack on the village or to take all reasonable means to prevent the escape of any criminal, and may, with the like sanction, order the whole or any part of the fines recovered to be applied in compensation for the injury, damage or loss to person or property caused by such attack or by the offence of which the criminal is accused. 14. {Repealed by Burma_Act IV of 1924.) Provi's1ons respecti'n_g Res1rlince 1n Villa?etracts and Erecti'on oj Houses. IS. (Repealed by Burma Act IV of 1924.) I6. ( Repealed by Burma Act IV of 1924.) ... 17.â€¢ A person who is not a resident of a village-tract shall ~~~~~i~:f.~d01 b "J h J k h â€¢ â€¢ d settlement of not lll d any house, ut or enc osure, or ta e up IS resl ence strangers In in the village-tract without the permission of the village â€¢i!lage-tracts. committee. I8. t (I) No person shall, without the permission of the Prohibition of D C . . bJ" h "JJ . f the establishâ€¢ eputy ommlSSIOner, esta IS a new VI age Of group ,o mentof_newvilâ€¢ h !ages w1thoct ouses ; permission and d h 11 b "Id h I d of the erectio11 an no person S a UI or OCCupy a OU Se On an of houses outâ€¢ which is not within a village at the commencement of this Act, side '"111agâ€¢â€¢. until it has been appropriated to dwelling places with the permission of the Deputy Commissioner. ( 2) Nothing contained in this section shall be deemed to require a cultivator or fisherman, or other person whose vocation during a season of the year is carried on at a distance from a village, to obtain the permission of the Deputy Commissioner to build a house on the locality where his vocation is carried on, or to occupy it for any season of the year, durir.g which, having regard to the custom of his vocation, it is necessary that he should reside in such locality. I 9. (I) Whoever contravenes the provisions of section 17 Penalty for 8 h JJ b h bJ â€¢ â€¢ b . breachofordc1'9 or section I S a e purns a e on conviction y a Magistrate, underlmme~II-. h fi h" h if â€¢ h . . ately precedin& wit ne w !C mav extend to ty rupees, or wit 1mpnsonmtionâ€¢. ment for a term which may extend to fifteen days, or with both. (2) When a person has been convicted under this section, Pr!'ctcdl urefor e,c ng perthe Deputy Commissioner may issue an order requiring him son,con,ictu under thl1 1cction. "'Amended by Burma Act IV of 192-t-, section 13, t For instructions 1egarding this and the subsequent sections, see paragraph 133, page 105. ,

PAGE 20

Licensing and regulation of pawnshopâ€¢. IQ PART 1.-THE BURMA VILLAGE ACT, 1907. and any other person (if any) occupying the houses and land in respect of which he was convicted to quit the same, and to removP therefrom all property other than Government property within a specified time. A copy of such order shall be posted up in some conspicuous position on the land or upon a building thereon. (3) If after the time specified in the order any person remains upon or in occupation of the land the Deputy Com missioner may, by warrant under his hand, cause such person fo be arrested and may commit him to imprisonment in the Civil Jail for such period, not exceeding thirty days, as he may consider necessary for the purpose of preventing resistance or obstruction to his order. (4) If any property other than Government propt:rty remains on the land after the time specified in the order, the Deputy Commissioner may cause the same to be removed and sold for the purpose of defraying the cost of its removal, custody and sale ; and therrnpc:,n the surplus proceeds of the sale (if any) shall be paid to the owner of the property. (5) Nothing shall be, deemed to be Government property within the meaning of this section merely by reason of its having been put into or affixed to the soil. 20. (Repealecl. by Section 14 of Burma Act IV of 1924.) Pawn-shops. * 20A. (I) No person shall keep a pawn-shop or carry on the business of a pawn-broker except under and in accordance with t rules made by the Local Government in this behalf. (2) The Local Government rnav make rules(.i) regulating pawn-shops and rendering licenses necessary for pawn-brokers; ( b) prescribing the form of such licenses and the conditions subject to which they shall be granted and may be revoked ; (c) providing for the sale, issue, production and return of licenses ; and (d) generally for carrying into efh:ct the objects of this section. : (3) The Local Government may, by rule t under this section, attach to the breach of any rule thereunder any punishment whicfi may extend for a first offence to a fine of * Inserted by section 3 of Burma Act I o! q21. t For rules, see pages 63-7[. t See Rule 6 at page 67.

PAGE 21

SECTIONS l ~21 ; rupees one hundred, and for each subsequent offence to imprisonment for one month, or to a fine of two hundred rupees or both : Provided that this section shall apply onJy to such villages as the Deput.y Commissioner * may direct and shall not apply to any area notified under section 210 of the Burma Municipal Act, 1898. â€¢ Pwes. t 21. (1) Whoever--(a) holds a pwe in any village-tract, without a license granted by the Deputy Commissioner or by an officer or other person ; appointed by the Deputy Commissioner in this behalf, qr (b) pro1notes the holding of a jwe held without such license, or (c) takes part in or in any manner assists the race, performance or other entertainment (if any) con stituting a pwe held without such license, or takes part in or in anv manner assists the arrangement or ~11anagement of a pwe held without such license, or (d) being present thereat, permits the holding of a pwe without such license, on any land or premises under his control, shall be punishable, on conviction by a Magistrate, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. (2) No fee shali be paid on the application for, or on the issue of, the license required by sub-section (I). (3) For the purposes of this Act "pwe" ordinarily means a puppet-show or other theatrical or dramatic performance, or a native cart, pony, boat or other like race, held for public entertainment, whether on public or private property ; and, in respect of any local area, also includes public entertainments or assemblies of any such class as the Local Bu,ma Act Ill of 18911. Penalty for holding, promotinK or takla11 part ID an aaliccn1ed ,-.. * The words" with the previous sanction of Hie Commissioner" were deiei:ed by section 4 of Burma .\et V of 1925. t Amended by section 3 of Burma Act I of 1914 and section 15 of Burma Act lV of 19~~. See paragraph 144, pager ID, post, about licensing of pwes. t Divisional Forest Officers are to be empowered under this clause, sll Appendix V, page 138, post.

PAGE 22

Sarrellder of r,flcaalve ,veaponâ€¢ tebâ€¢adman ndemBD
PAGE 23

SECTIONS 2rA-2:5. r9 (7) This section shall not apply to any person exempted under the provisions of section 27 of the Indian Arms Act, :et ,rtl'I. 187 8, or to any person employed by a headman_ to assist him in keeping order at a pwe or exempted by special or general order of the Deputy Commissioner. Supplemental Provisions. 22.* (I) A fine imposed under this Act may be recovered Modeofrecoyertng fineo. as if it were an arrear of land-revenue. (.a) (Repealed by section 17 of Burma Act IV of 1924.) 23. (I) An appeal shall not lie from any order made under :;.i'e~~~r 0 this Act. 12) t But the Deputy Commissioner may revise any such order made by any authority subordinate to him ; the Commissioner may revise any such order m::ide by the Deputy Com missioner ; and the Local Goâ€¢;ernment may revise any order ma'de by the Deputy Commissioner or Commissioner. (3) Save as provided by this section, an order made under this Act sha1\ be final and shall not be liable to be contested by suit or otherwise. (4) The word " order " in this section does not include a decision of a village committee in a suit tried in exercise of powers conferred under section 6, sub-section ( 1 ). 24. tThe Local Government may authorise any Settlement Delegation of Officer, Assistant Commissioner, Extra Assistant Commissioner i;~;,~; .~!mmta-s bd â€¢ ' 1 Offi F Offi d fi d â€¢ slonC", SubdlYL Or U IVISJOna Cer, Or any orest cer, as e ne In sional Officer lhr.A.tlV c,[ section 3 (5) of the Burma Forest Act, 1902, above the rank of Or;t,ce~~:;:~D IIOI , A â€¢ C . ]] f h f h cla .. es of ss1stant onservator to exercise a or any o t e powers o t e omcero Deputy Commissioner, and any Forest Officer above the rank of Forest Ranger to exercise all or any of the powers of a Subdivisional or of a Township Officer under this Act in any district or part of a district. 25. V) The emoluments of a headman or rural policeman Provlslono shall not be liable to attachment in execution of a decree or ~:~,;;,~~:1~r d f C â€¢ "J C headmen and Or er O any !VI ourt. rttral policemen. * A Di puty Con ~issioner has power to order the remission or refund of any fine imposrd under the Act provided that if the amount exceeds Rs. 500, the sanction of the Commissioner is necessary: Rule 4, page 3~. A Subdivisional Officer may c rder the remission or refund of any fine imposed by a village commit tee or headn,an unaer section 9 in any case that comes before him in revision; Rule 5 page :i4, ' t Amended by section 18 of Burma Act IV of 19i4. â€¢ t Su bst1l l'ted by section 4 of Burma Act I of 1921. For notifications under this s ecticn, ~,e page 35, For instructions regarding forest villages, see Appendix V. page 131:1, post.

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B.u to Jurledicâ€¢ tion of civil Court: In â€¢ matters relating to appointment of headmen. etc. .l.:nendment of section 9 of Act II of 1830 to provide for remuâ€¢ ncration of headman and maintenance of rural police. Protection to head man or rural poltC:eman in c:r.ecution of his d:ify. 20 PART 1.-THE BURMA VILLAGE AOf, 1907. (2) An assignment of or charge on, or an agreement to assign or charge any such emoluments shall be void. (3)* Where the emoluments of a headman consist wholly or in part of a grant of land, the title to the grant shall pass with the office of headman, and the Deputy Commissioner may, upon such terms, if any, as to compensation for improvements or otherwise as he thinks fit, enforce the surrender of the land to the person for the time being holding that office. (4). In enforcing a surrender under sub-section (3) the Deputy Commissioner may proceed in the manner provided in sub-sections ( 2) to ( f of section 19. t26. A Civil Court shall not have jurisdiction over any claim to the office of headman or other village-officer or to the position of member of a village committee or in respect of any injury caused by exclusion from such office, or position or power to compel the performance of the duties, or a division of the emoluments, thereof. 27. For clause (a) of section 9 of the Burma District Cesses and Rural Police Act, 1880, the following shall be substituted, namely:-'' (a) the remuneration of the headman and the maintenance of the rural police appointed under the Burma Village Act, I 907 ." t28. No compla:nt against a headman or member of a village committee or rural policeman of any act or omission punish able under this Act shall be entertained by any Court unless the prosecution isjnstituted by order of, or under authority from, the Deputy Commissioner. J;;,:~~ritgis . ~28A. (1) Notwi'thstanding anything contained in section tratetoâ€¢illage of the Code of Criminal Procedure, 189S, any MagistratevotJS!. committees, who has taken cognizance of a case may transfer it for enquiry or trial to any village committee which could have taken cognizance of it under section 9, and such village committee shall take cognizance of it accordingly. (2) The District Magistrate may withdraw any case which has been transferred to a village committee under the preceding sub-section and may inquire into or try such case him;.self, or refer it for in~uiry or trial to any Magistrate competent to inquire into or try the same. 1 * OrdPrS about grant of thugyisa land to headmen are indicated in paragraph 43, page 84. t A mended by sectiol' 19 of Rurma Act IV of 1924, t Amended by section 30 of Burma Act IV of 1924. Inserted by section 6 of Burma Act V of 1925.

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SE:CTIONS 26--29. 21 29. ( 1) * * ** the Local Government may, by notification, make rule~ t consistent with this Act-(a) con erring on headmen or on rural policemen any powers or privileges, which may be exercised or are enjoyed by police-officers under any enactment for the time being in force; (b) prescribing the duties to be performed by rural policemen, including any duties irq,posed upon police-officers by any enactment for the time being in force; c) regulating the exercise, enjoyment and performance of those powers, privileges and duties by rural policemen; t(cc) (i) prescribing the qualificatiom of electors and regulating the manner in which members of village committees shall be elected ; (ii) prescrib-ing the number cf members to be elected for village committees generally or with reference to certain villa!,;e-tracts ; (it"i) prescribing the procedure in enquiries aAd trials, the times at which meetings of the village committee shall be held, the manner of sum!r:oning the same, the quorum necessary therefor, and the conduct uf business thereat, with reference to ~he discharge of the special duties to be performed by the vilia.e-e corn mittee under this Act and generally ; (d) prescribing the duties to be performed by the headman and residents of a village-tract in respect of the malters mentioned in section 8, sub-section (1), clauses (j) and (k), and in section 11, clause (c) ; (e) regulating the emoluments of headmen and rural policemen; ~(f) prescribing the procedure to be observed by a village committee trying a suit in exercise of powers conferred under section 6, sub-section (1), the record whic'.1 is to be made of the suit and the mode in which that record is to be disposed of, the powers which the village committee and the head m2n may exercise as regards the costs of the suit, * The words" subject to the control ol the Governor-General in Ceuncil" were omitted by the Devolution Act, 19Jo, t For rules under this section, see pages 27 -30, 31-35, 36, 37 and 39-58. :t Inserted by section 21 (a} nf Burma Act IV of 1914. Subitituted by section 21 (b) of Burma Act IV ol 1914. Power tomalr.e rule._

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.!'eaalty c,n nonl dente of â€¢lllagc..tract for reach of rule ader IICCtlOD :n (L ill. 22 PART 1.-THE BURMA VILLAGE ACT, 1907. and of any proceedfng arising thereout, the manner in which a decree or order made by the village committee may be executed by the headman, and the manner, circumstances and conditions in and on which such a decree or order may be sent for execution to, and be executed by, another village committee or a civil court ; {g) for the disposal of fees levied under section 6, subâ€¢ section (4) , and section 9, sub-section (9); *(h) for the prevention and suppression of any contagious or infectious disease among human beings or domestic ani:r.als of any kind coming into or pass ing through a village-tract ; and (t") generally, for carrying into effect the purposes of this Act. (2) All such rules shall, when published in the Gazette, have the same effect as if enacted by this A et. 30. t Whoever, not being a resident of a village-tract, refuses to obey or contravenes any rule made under clause (h) of sub-section (1) of section 29 shall be punishable, on con viction by a Magistrate, with fine which may extend to 50 rupees or with imprisonment for a term which may extend to fifteen days, or with both, I Year. 2 THE SCHEDULE. (See Sectz'on 2.) ENACTMENTS REPEALED. 3 4 No. Short title gr subject. Extent of repeal. Acts of the Governor-General z'n Councd. II ,he Burma District Sections 12 to 'JI (both Ce~ses and Rural Pol ice inclusive) in so far as Act, 18 80. they may not already have bet:'n repealed. III The Lower Burma Vil The whole, tage Act, 1889. XI The Lower Burma Vil-The whole. lage Act (1Z89) Amend, ment Act, 189~. * This clause was inserted and the original clause (h) re-lettered (i) by section :; d Burma Act II of 19u. t Inserted by section 8 ol Burma Act 11 of 19t2,

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I Vear. 1898 SECTIO~ 30-THE SCHEDULE, THE SCHEDULE-concluded. 2 3 4 No. Short title or subject. Extent of repeal. Acts of the Gov~rnâ€¢r-General in Counct'l-concld. XVlll ... The Lower Burma VilThe-, heading '' L<1wer (age~ and Towns Law Burma Village Act, Amendment Act, 1895. 1889,''and sections 1#" 2 and 3. Xlll The Burma Laws Act, So much of the Third 1898. Schedule as relates to Act Ill of 1889 and Regulation XIV of 1887. R~gulations made under the Government of lndt'a Act, 1870 (33 Viet., C. 3). 1887 1891 1896 190s XIV IV IV The Upper Burma Village Regulation, 1887. The Upper Burma Village Regulation ( 1887) Amen<.iment Regulation, 189 1, The Upper Burma Village Regulation (1887) Amendment Re.:ulation, 1894 The Upper Burma Village1=, Towns and Land-revenue Law Amendment Regu-lation, 1896, The whole, So much &s has not. been repea!ed. The whole. The heading "UpperBurma Village Regulation, 1887," and 1ections 1, 2 and 3. Acts of Lz'eutenant-Governor of Burma in Councz'l. II The Burma Village Law The whole, Amendment Act, 1902. The Burma Towns and Sections 2 and 4â€¢ Village Laws Amendment Act, 1904.

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PART II. Statutory Rules and Orders under the Burma Village Act, 1907, as amended.

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RULES AND ORDERS UNDER SECTIONS I, 5 AND 29.. 271 COMMENCEMENT OF THE ACT. In exercise of the power conferred by section 1, sub-section Sec; 1, (3), of the Burma Village Act, 1907 (V 1 of 1907), the G.D.Not. Ni,, Lieutenant-Governor is pleased to appoint the I st January ~:~.~1o1~'tla 1908 as the day on which the Act shall come into force. *APPOINTMENT OF HEADMEN. In exercise of the power conferred by section 5, sub-section Sec. S(2). (.2), of the Burma Village Act, 1907, as amended by the O O Not. Burma Village Amending Act, 1924, the Governor in Council ~:cft:~:,~ makes the following rule to regulate the action of Deputy n".'e~:t_ 'rf00, Commissioners in appointing village headmen otherwise than j~~W.affilth in accordance with the result of an election by the villagers :1 â€¢ The Deputy Commissioner may, with the pr:~vious sanction of the Commissioner, overrule the result of an election by the villagers-(a) if the candidate so elected is plainly a person of no standing or influence, or is of bad character; or (b) if the candidate so elected owed his election to the exercise of undue influence or to intimidation; or (c) if in a village where the appointment of headman has been hereditary for two or more generations, the candidate so elected is not an hereditary claimant and an hereditary claimant was among the candidates and is a man of approved character; or (d) if the candidate so elected cannot furnish security as required by Direction 267, Land Revenue Manual. Provided that before according sanction under this rule the Commissioner shall give the elected candidate an opportunity of showing cause why the election should not be overruled. rt, ELECTION AND PR.OCEDUR.E OF VILLAGE COMMITTEES. In exercise of the powers conferred by section 29 Se 29( ) sub-section(!), clause (cc), of the Burma Village Act, 1907: (~~). 1 as amended by the Burma Village Amending Act, 1924, o. o, Not. No. the Governor in Council makes the following rules to regulate ~~Jiii4e:1 ,!Oth the matters referred to therein :~11J,~dN~t1 No. 2s, dated 18th Feb.1924, * For orders on this subject, see paragraph! 5 to 8, pages 76 and 77. . t For orders relating to village committees, s11 paragraphs 9 ttâ€¢ 17, pages 77 to 79, 3

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'28 PART, 11.-STATUTORY RULES AND ORDERS. 1. Every person residing in a village-tract shall be qualified to vote at the election of m::mbers of a village committee, whose name has been entered in the capitation-tax assessment roll of that village-tract for the preceding year as liable to pay the said tax or in the ihathameda-tax assessment roll of the preceding year as head of the household liable to pay thathameda-tax, including any person who, although his name is so entered, is exempt from payment on any ground, unless-(a) he is of unsound mind, or (b) he has during the preceding three years been punished with imprisonment for a term exceeding one month, or been ordered to give security under the preventive sections of the Code of Criminal Procedure, or been restricted under the * Burma Habitual Offenders Restriction Act. 2. The election shall be held bv the headman of a neigh bouring village-tract selected for the purpose by the Township Officer or the Assistant Township Officer. The said headman, hereinafter referred to as the presidirg officer, shall inform the headman of the village-tract in which the election is to be held of the date on. which he proposes to hold the election, giving such warning as will enable him to announce the date to the villagers at least ten days before the election. 3. After the date has been so announced and at any time before the election any person qualified to vote may give notice in writing to the headman of his intention to be a candidate provided that two other qualified electors endorse his candidature. 4. On the. date fixed the presiding officer shall come to the village-tract, and where there are more villages than one in the s:1.id tract, shall hold the election in the village in which the headman of the tract resides. 5. The headman shall then make over to the presiding officer all notices received from intending candidates. 6. If the presiding officer finds th:1t there are not more candidates than there are vacancies, he shall declare the said candid.1tes, on being satisfied that they are duly qualified, to be duly elected. 7. If the number of candidates exceeds the number of vacancies:, the presiding officer shall proceed to hold the election, and may select with the consent of the candidates. any suitable persons to assist him, * Burma Code, Volume I!, page 621,

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RULES AND ORDERS UNDER SECTION 29. 8. The election shall be held in a zayat, or other suitable 'building, hereinafter referred to as the polling booth and .receptacles with names of candidates thereon shall be placed there. Each voter shall be given a token or tokens with which to vote and shall exercise his vote or votes by placing the said token or tokens in the said receptacles. The presiding officer will keep a rer.ord of the names of villagers to whom a token or tokens is or are issued. 9. No one shall be present in the polling booth when votes are being given except the presiding officer and the person -or persons selected to assist him. The presiding officer shall be responsible for seeing that no person votes who is not qualified under Rule 1. 1 o. A period of four hours shall be allowed for voting, the said period to start not earlier than 8 a. m. or later than 12 noon. 11. At the close of the voting the votes shall be counted by the presiding officer and the persons assisting him, and the presiding officer shall declare the names of the persons elected and shall report the result to the Towm;hip Omcer or the Assistant Township Officer. 12. When the votes for any two candid'ltes are equal and both of them can not be elected, the decision between such can di dates shall be by lot. 13, Casual vacancies shall be filled by election in the same manner. 14. Any appeal regarding irregularities in regard to election .of members of village committees shall lie to the Township ,Officer whose decision shall be final. 15. The number of members to be elected to the committee shall be three if the number of houses in a village-tract is fifty or under and four if it is over fifty. 16; The headman shall receive complaints and arrange 'for meetings of the committee. He shall be responsible for the maintenance of all registers and records. 17. When opinions are equally divided the headman shall have the casting vote. 18. The headman may delegate his position as chairman to any other mel?ber of the committee to act, during his absence, at any meeting, and such member shall have a casting vote. 19. The chairman arrd two other members shall constitute , .a quorum. _ 20. Every 1decision arrived at by a committee shall be recorded in writing and shall be signed by'" all members present when the said decision is arrived at

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~O PART 11.-STATUTORY RULES AND ORDERS. 2 1. No member who is personally interested in any criminal or civil case shall sit on the committee which takes cognizance of sue~ ca~es: 22. Witnesses m cn.nmal and civil cases tried by village committees may be put on oath. OFFENCES SPECIALLY DECLARED TO BE TRIABLE BY * VILLAGE COMMITTEES Oil HEADMEN. Sec. 9(2)(c) With reference to section 91 sub-section (2), clause (e), of o. o. Not. No. the Burma Village Act, 1907, the Governor in Council is 711, dated 28rd , May18lls,aâ€¢ pleased to declare that the underment10ned offences, when amendedbyG.D. â€¢ d . 'J] h ]J b , bib 'JJ Notâ€¢. Na_1s2, comm1tte m a v1 age-tract, s a e tna e y v1 age dated 11th Aug. , h d h . d' , d " h 1e:1o,and Na. committees or ea men In t e areas rn 1cate m eac , 1119, dated 20th Oct. 191!5. case :( 1) Throughout Burma.-Offences punishable under sections 294, 504 and 5 1 o of the Indian Penal Code, and cases of simple hurt, where such cases would fall under section 323 of the Indian Penal Code. (2) In Lower Burma only.-Offences punishable under section 9 of the Burma Embankment Act, 1909. (3) In the lnsein, Amherst, Magwe, Mz'nbu, Pak6kku and' Thayetmyo Distrz'cts and in the Mog8k Subdz',l'isz'on of tht Katha District.-Offences punishable under section 26 of the Cattle Trespass Act, 187 1. (4) In the lnsez'n, Hanthawaddy, TharrawaddJ, Pegu, Prome, Bassein, Henzada, Toungoo, Amherst, Mz'nbu Mandalay, Lower Chindwin and Meiktila Districts and z'n the Mog8k Subdivision of the Katha District.-Offences punishahie under section 3 of the Burma Highway Act, 1907. 15) In the Minbu, Mandalay, Shwebo and Kyaukse Dz'strz'cts.-Offences punishable under clause (4) of section 75 of the Burma Canal Act, 1905. (6) In the Mandalay, Shwebo, Meiktila and Kyaukse Distrt'cts and n the Sagu, Pwinbyu and Salin Townships of' the Minbu District.-Offences punishable under clause ( 11) and clause (12) of section 75 of the Burma Canal Act, 1905. The following notifications t are hereby _superseded:* For orders regarding powers of:village committees or headman in criminal I cases, see paragraph 13, page 78. t List of notifications omitted â€¢ .,.

PAGE 33

RULES AND ORDERS UNDER SECTIONS 9 AND 29. 311 * QULES TO QEGULATE THE TQIAL OF CIVIU SUITS BY HEADMEN OQ .VILLAGE COMMITTEES. In exercise of the powers conferred by section :29, subSec. 29(1)(h. section ( 1 ), clause (/), of the Burma Village Act, 1907, as G. o. Not.No. amended by the Burma Village Amending Act, 1924, the ~~'W;t20111 Governor in Council is pleased to make the following rules to regulate the matters referred to in that clause:-I. The plaintiff may begin his suit either by making an oral complaint, to be reduced to writing by or under the orders -of the headman, or by presentation of a written plaint. 2. On the institution of a suit the chairman of the committee shall cause to be served on the defendant a written notice specifying the name of the plaintiff, the nature of the claim .and the time and place at which the suit will be tried, and direct ing the defendant if he wishes to dispute the claim, to appear with his witnesses at the time and place fixed. He shall also inform the plaintiff of the date so fixed. 3. At the time and place fixed the committee shall proceed to hear and try the case. They shall examine the parties .and their witnesses and deliver judgment. 4. The chairman shall record or cause to be recorded the names of the witnessess and the substance of their evidence and a brief statement of the grounds for the committee's order which statement shall be signed by all members present. 5. The committee may adjourn the case frotn time to time, noting the dates of adjournment on the record, either to obtain the attendance of further witnesses or for any other reasonable cause. 6. The committee shall decide whether the unsuccessful party shall pay the costs of the other party or not. They may award as costs any reasonable charges incurred by the successful party for the purposes of the suit, provided that the total costs, including the fee prescribed by section 6, sub-section (4), of the Act, shall in no case exceed one-quarter of the value of the suit. 7. If the plaintiff does not appear at the time and place fixed, the committee shall dismiss the suit, unless for any reasonable cause they think proper to adjourn it. Similarly if the defendant fails to appear, the committee shall proceed with the trial in his absence, unless for some special reason they rthink better co adjourn. In the for!'ner case, if their decision is â€¢ For orders on this subject, s,e paragraph 12, page 77,

PAGE 34

PAGE 35

RULES AND ORDERS UNDER SECTION 29. 33 1 2. This account, together with the records of all suits tried by the committee during the month under section 6, shall, provided that the judgment has been satisfied, be sent to the Township Officer not later than the 20th of the following month : Provided that in the case of any particular headman, the Deputy Commissioner may direct that the account and records shall be submitted quarterly instead of monthly. All such records shall be destroyed at the end of the year following that to which they belong. 13. Whenever, after the irfstitution of a suit before them, it appears to the committee that the decision of the case involves a difficult question of law, it shall be corn petent for them to stay proceedings, to refur:d the institution fee and to recomâ€¢ mend the plaintiff to file a suit in a Civil Court. General Department Notificatior. No. 453, dated the 9th December 1908, is hereby superseded. QULES FOR DISPOSAL OF FEES LEVIED. UNDER SECTION 6 (4) OR SECTION 9 (9) AND FOR GENERALLY CARRYING INTO EFFECT THE PURPOSES OF THE ACT. In exercise of the power conferred by section 29, sub-Sec. 29(1)(g) section (I), clauses (g) and (i) of the Burma Village Act, (i). 1907, the Governor in Council is pleased to make the following g..~~J!1~ca. rules for the disposal of fees levied under section 6, subMa1l9Bo. section (4), and section 9, sub-section (9), and for generally carrying into effect the purposes of the Act :QULE UNDER CLAUSE (g) FOR THE DISPOSAL' OF FEES LEVIED UNDER SECTION 6, SUBSECTION (4) AND SECTION 9, SUB=SECTlON (9). 1. All fees levied under section 6, sub-section (4), and section 9, sub-section (9), of the Act, may l: e retained by the headman.

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34 PART II.-STATUTORY RULES AND ORDERS. RUL'EIS UNDER CLAUSE {i) ,PREiS:CRIBINGl HEADMEN'S REGISTER AND REQUIRING! WRITTEN RECEIPTS. 2. A register of all cases decided by a village committee or head man under section 9, sub-section (I), and of all fees levied and fines imposed under section 9 or section I 2 of the Act, shall be kept by every headman in the form prescribed by the Local Government.* 3. The headman shall give a written receipt for all fines paid to him under section 9 or section I 2 of the Act. RULES UNDER CLAUSE (~ REGARDING REMISSION OR REFUND OF FINES. 4. The Deputy Commissioner may order the re'.Ilission or refund of any fine imposed under the Act, provided that when the amount to be remitted or refunded exceeds Rs. 500, the previous sanction of the Commissioner to the refund or remission shall be necessary. 5. A Subdivisional Officer may order the remission or refund of any fine impos;:d by a village committee or headman under section 9 of the Act in any case that comes b~fore him in revision. 6. Any fine imposed under the Act may, if irrecover able, be written off bv the authority competent, under Rules 4 and 5, to remit or refund such fine. RULE UNDER CLAUSE (~ REGARDING SUPPL"Yj OF INFORMATION TO MILITARY OFFICERS .. 7. All headmen iri Upper Burma shall, when required, give information to Military Officers in command of posts or. of parties or columns or travelling on duty. RULE UNDER CLAUSE (i) REQUIRING HEAD MEN TO QEPORT ESTABLISHMENT OF CUTCH CAMPS. 8. With the view of furthering the detection of persons engaging illicitly in the cutting and boiling of cutch, every village headman in Upp~r Burm1 shall report to thenea,rest * Th f . Mlocellaneouâ€¢ e orm IS Villages 117 â€¢

PAGE 37

RULES AND ORDERS UNDER SECTiONS 6, 24 AND 29. 35 Civil Officer the establishment of any cutch-boiling camp in or near his village-tract. The officer receiving the informa tion will, without loss of time, communicate it through the Deputy Com missioner, to the Divisional Forest Officer concerned. General Department Notifications N os. -t-54, dated the 9th December 1908, 367, dated the 2nd December 19IO, and 249, dated the 22nd September 1919, are hereby superseded .. * REVISION OF DECISIONS OF VILLAGE COMMITTEE OR HEADMEN IN CIVIL SUITS. With reference to sub-section (2) of section 6 of the Sec,(6)(2) â€¢. Burma Village Act, 1907 ( Burma Act VI of 1907 , the ~s?.ia~~ri-4f:.0 ~ Lieutenant-Governor appoints the t Township Officer to be the !~!n1l~l\~8G. authority to revise the decisions of villae corn mittees or o, Nota. No. 1s, dated 113rd May headmen in suits tried in exercise of the powers conferred 1u26 â€¢ . under sub-section ( 1 ) of the said section. General Department Notification No. q, dated the 22nd January 1904, is hereby superseded. â€¢ DELEG.i\.TION TO SUBORDINATE OFFICERS OF THE POWERS OF A DEPUTY COMMISSIONER UNDER THE ACT. In exercise of the powers conferred by section 24 of the Sec, 24. Burma Village Act, 1907 (Burma Act VI of 1907), the G.D. Nota,,No; Lieutenant-Governor authorises Subdivisional Officers to exerj~~;f9 ~ 8~::1h . cise within the limits of their respective subdivisions the power n":'~~:.bJo~SIâ€¢ of the Deputy Com missioner, under sub-section (2) of section f9 ~ 6 ~ 26th Ma, .23 of the said Act, to revise orders passed by village com-mitte~s or headmen under section 9. In exercise of the power conferred by section 24 of the Sec. 24. Burma Village Act, 1907, as amended by the Burma Village G.D.Notn.Na. ( d . , 37, dated 21itb Amen ment) Act, 19211 and with reference to paragraph 2 (2) Feb,192â€¢. (a)-(d) of Forest Department Circular No. 42 of 1923,t dated * For instructions regarding the exercise of these powers, s1e paragraphs 141 and 14'l, pages 108 and 109, t Township Officers, as revising authorities have inherent powers under section r51 of the Civ.il Procedure Code to examine parties and witnesses in civil cases on oath which 1hey are empowered to administer (vide General Oepattment l~tter No. 196D26, dated 2tst May 1926, to Commissioners and Deputy eommis s1oners). l This circular reiates to instructions regarding forest villages and is ,rep reduced in Appendix V, at page 138, post.

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36 PART 11.-STATUTORY RULES AND ORDERS. the 15th October 1923, the Governor in Council is pleased to empower Divisional Forest Officers to exercise the following powers under the said Act in administering forest villages which have been declared by the Deputy Commissioner to be village-tracts under section 5 (1) thereof:-(a) to appoint rural policemen in Lower Burma under section 5 (J) of the Act ; (h) to issue orders for the requisitioning of supplies for travellers other than Government servants under section 8 (I) (g) of the Act ; (c) to impose fines under section I o of the Act on headmen or rural policemen subject to revision by the Commissioner; (d) to exercise all the powers of a Subdivisional Officer under the Act. . POWER.S AND PR.IVILEGES OF POLICE OFFI CER.S CONFEllR.ED ON HEADMEN AND ON R.UR.AL POLICEMEN AND DUTIES TO BE PER.FOR.MEO BY RUR.AL POLICEMEN. In exercise of the powers conferred by section 29 of the Sec.29(:i:)(a) Burma Village Act, 1907 (Burma Act VI of 1907), the Lieu(b) and (c). tenant-Governor is pleased to make the following rules under ~l.ia~ed\:0 â€¢ clauses (a), (b) and (c) of sub-section (1) of the said section. Da:.1908. RULES UNDER. CLAUSE (a), CONFER.R.ING ON HEADMEN AND ON R.UR.AL POLICEMEN POWER.S AND PRIVILEGES OF POLICE OFFlCE_R.S. . 1. Headmen of village-tracts are empowered to search for and arrest any person who is liable to be arrested by a police officer under any of the drcumstar.ces mentioned in section 54. of the Code of Criminal Procedure, 1898. 2. The powers and privileges exercised or enjoyed by a police officer under the Police Act, 1861, and the Code of Criminal Procedure, 1898, shall be exercised and enjoyed by rural policemen in Lower Burma.

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RULES AND ORDERS UNDER SECTIONS 24 AND 29. 3-r .llULES UNDER CLAUSE (b), PRESCRIBING THE DUTIES TO BE PERFORMED BY RURAU. POLICEMEN IN LOWER BURMA., 3. Every rural policeman shall be bound--(i) to search for and arrest any person whom he has reason to believe to have been concerned in the commission, or attempted commission, of any offence referred to in section 7 of the Act and to recover, if possible, any property taken by any such person; . (ii) to arrest any person found lurking within the limits of the village-tract who cannot give a satisfactory account of himself ; (iii) to deliver to the headman any person arrested by him or made over to his custody, together with any weapon or other article likely to be useful as evidence; (iv) to resist any unlawful attack made upon any village within the village-tract ; (v) to assist the headman in registering all births and deaths which take place within the village-tract, and any other vital statistics which the headman may be required to register; (vi) to supply, to the best of his ability, any local informat.ion w~ich any Magistrate or o.fficer o.f police may reqmre ; (vii) generally to assist the headman ~nd all o~cers ~f the Government in the execution of their pubhc duties. 4Every rural poiiceman shall perform all the duties impostd on a police officer by the Police Act, 1861, and the; Code of Criminal Procedure, 1898. RULES UNDER CLAUSE (c) REGULATING THE EXEQCISE, ENJOYMENT AND PEQFOQM ANCE OF THEIQ POWEQS, PQIVILEGES AND DUTIES BY QUQAL POLICEMEN IN LOWEQ BURMA. 5. The powers, privileges and duties above described shall .be exerci~ed, _enjoyed and performed by every rural policeman m subord111at101: to the Deputy Commissioner, Subdivisional Officer,. Township Officer, District Superintendent of Police _c!nd headman of the village-tract.

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Sec, 21(3). wi:---:,,G, D. Not, No, 118, dated 6th Pcb, 11198. 38 PART ii.-STATUTORY RULES AND ORDERS. Rules I to 4 of the rules published in Judicial Department Notification No. 332, dated the 7th August 1889, Judicial Department Notification No. 337, dated the 26th November 1895, and Judicial Department Notification No. 2831 dated the 18th August I 896, are hereby superseded. OQDEl{S QEGAQDING PWES. * In exercise of the power conferred ''by section 21, sub section (3), of the Burma Village Act, 1907, the Governor in Council is pleased to declare that the entertainments, performances or assemblies enumerated in the first column of the subjoined table shall.be deemed for the purposes of that section to be pwes in respect of the locai areas noted opposite in the second column of the subjoined table. Entertainments, performances or assemblies. Payapwes (Pagoda festival~), Pongyi .byans (obsequies for Buddhist monks) .and circuses. Local areas. The Pegu and Irrawaddy Divisions, the Akyab District except the Minbya Township and the !
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RULES AND ORDERS UNDER SECTIONS 2 I AND ~9. 39, Entertainments, performances or assemblies. Local areas. Wrestling matches . .. 1 The Arakan Division. Foot-races The I rra waddy Div 1sion, the Pegu. Division and the That6n District of the Tenasserim Division. Public performances known :is anyein The wh'Jle of. Burma. pwes when performed for profit or by travelling troupes who tour for the pur-pose of performing such pwes and all horse and pony â€¢ race-meetings. Cinematograph exhibitions, variety entertainments and fancy fairs held for public amusements. Assemblies known as nat pwes .. The Pegu Division, the Mandalay,Kyauks~, Meiktila, Yam~thin and Myingyan Districts of the Mandalay Division, the Shwebo, Katha, Bhamo f and Myitkyina Districts of the Sagaing Division, the Arakan Division, the I rrawaddy Division, the Tenasserim Division and the .\1ag""e District of th.e Magwe Division. The Tavoy District of the Tenasserim Division and the Magwe District of the Magwe Division. General Department Notifications Nos. 449, dated the 9th December 1908, and 741 dated the 19th May 1925, are hereby superseded. t R.EGISTR.ATION OF BIR.THS AND DEATHS. In exercise of the powers conferred by section 29, sllb-, Sec.29 (_9~ section (I), clause (d), of the Burma Village Act, 1907, the ~~.0{{:i.~;J:~ Government of Burma (Ministry of Public Health) is pleased 11thFe1>.iu5r to make the following rules for the registration of births and deaths in village-tracts, in supersession of the rules promul-gated in General Department Notification No. 154, dated the 17th April 192?, as amended by this Department Notification No. 107, dated the 14th November 1923, and to declare that * For instructions regarding the issue of licenses for horse and pony raceâ€¢ meetings, see Appendix IV, page 136, post. t For instructions for the collections and record ofvitahtatistics laid down with reference to these rules, see paragraphs 77 to 87, pages 94 to 96.

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?1,0 PART II.-STATUTORY RULES AND ORDERS. the registration of births and deaths shall, in accordance with the rules prescribed hereunder, be enforced in all village tracts in the undermentioned areas:Arakan Division. All districts ( excluding the Hill District of Arakan). Pegu Division. All Districts. Rangor,n Dt"visio11â€¢ All Districts. /rYawaddy Division. â€¢ All Districts. North-West Bo,-der Divisir,11. All Districts 1exciuding the Pakokku Hill-tracts, Chin Hills and Hkamti, Thaungdut and theSomra Tracts) North-East FYontier Di11z'sion. All D islricts ( excluding the Kachin Hill Tracts) except Putao Mandalay Dz'vision, Tenasserim Division. All Districts. All Districts. 1. Every birth and death occurring in a village-tract shall ;be reported to the headman within seven days of the date of such occurrence by the owner of the house in which it occurs, or if the owner is absent or unable to report, then by the eldest adult male living in the house, or if such eldest male is unable to report, then by the eldest adult fem;:tle living in the house. NOTB.-lf a death occurs in the case of.a traveller, the fact shall be immediately reported to the headman by the attend:mt or person taking charge of or finding the body. 2. The headman shall make it generally known that any person, being bound to report a birth or death and neglecting to do so within the prescribed period, is liable to punishment under section I 2 of the Burma Village Act,. 1907. * 3. On receipt of information as to the occurrence of a birth within his village-tract, the headman shall enter it first in the birth register in Form H and then in the bifoil book in Form C. One of the foils shall be sent when due to the Township Office, unless the Deputy Commissioner otherwise directs, in which case he shall send it to the nearest police station, and the other shall be retained until the child's name -is reported. At the time of registration of birth the person reporting the event shall be instructed by the headman to report the name of the child as soon as it is named when it shall be recorded in the Birth Register in Form H and a completed foil shall be handed to the person reporting the name. '"For rules relating to duties of headmen in connection with vaccination, se, .page 42.

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RULES AND ORDERS UNDER SECTION .29. ~I] 4. On receipt of information as to the occurrence of a death within his village-tract, the headman shall enter it first in the death register in Form I, and then in the bifoil book in Form D, giving one of the foils to the person reporting the death and keeping the other to be sent when due to the Township Office unless the Deputy Commissioner otherwise directs, in which case he shall send it to the nearest police station. 5. When, for any reason, the headman is obliged to leave his village for some time or is inc3.pacitated from performing his duties by illness or other cause, he shall deposit the foils collected with a member of the village committee, or failing such member, any other elder of the village or some other responsible person, and shall make the necessary arrangements to ensure the foils being safely despatched to the Township Office or the police-station, as the case may be, if they should become due during his absence. 6. The headman shall send the birth and death foils within three days at tbe end of the month for which they are due to the Township Office, unless the Deputy Commissioner otherwise directs, in whieh case he shall send them to the nearest police-station as under:-(a) From villages within 5 mil~s o a p >'.ice-s:ation Monthly. (b) From villages over S mile; a 1d u 1der 2) mile~ from a police-station â€¢â€¢â€¢ Quarterly. (c) From distant village-tracts . . . Half-yearly (January and July) Example.-Headmen of village-tracts within 5 miles of a police-station shall send foils for October, November and December by the 3rd of November, December and January respectively. The headman of village-tracts over 5 miles of a police-station shall send their foils for October, November .and December on or before the 3rd of January. The foils from distant village-tracts for six months from January to June and July to December shall be sent on or before the 3rd of July and 3rd of January, respectively. 7. When the headman sends in the foils to the Township Office or the police-station, as the case may be, the book of Public Health ll , = Form E 22s. sha accompany them. This shall be signed by the head clerk of the Township Office or by the station-writer and be returned to the bearer.

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:42 PART !!.-STATUTORY RULES AND ORDERS. NoteForm C Form D Form E Form H Form I Public Health Do. Do. Do. Do. Guard Book Form Do. Do. Do. Do. 20S 21S 22S 20S (b) 21S (bJ DUTIES OF HEADMEN FOR THE PREVENTION OF THE SPREADING OF SMALL-POX. Sec. 2!)(I)(d) In exercise of the powers conferred by section 29, sub-section (1), D f PH N clause (d), of the Burma Village Act, 19071 and with reference to the N~~78,0date/t provisions of section 8 sub-section (J) clause (k) of the Act the :!~J:~~;]2;;. Governor in Council is pl~ast d to make th~ following ~ules prescribing ~~99 the duties to be performed by the headmen for the prevention of the. (Carrigl, dated spreading of small-pox in all village-tracts in the areas mentioned under lbldOct.19116. h" lJ *N "fi . N . d h h F b t 1s epartment ot1 cat10n o. 10, ctatt" t e It t e ruary 1925 :-1. The headmen of villages shall give such assistance to Inspectors of Vaccination and Public Vaccinators, as the Deputy Commissioner may on the advice ot the Superintendent of Vaccination from time t9 time direct. 2. When the birth of a child isreported for registration-under rule 3 of the rules pQblished in this Departmentâ€¢ Notification No 10, dated the 11th Fei)ruary 1925, the headmen in districts to which the Vaccination Acts have been extender} shall issue the following notice to the parents of the child:-Notice to Parents regarding Vaccination. Dated No: To You are hereby informed that under the t .Vaccination Act of I 880 you are required to have your child vaccinated not later than six mon tbs after~ birth her RULES PRESCRIBING DUTIES OF PERSONi RESIDING IN A VILLAGE-TRACT, IN RE SPECT OF PUBLIC NUISANCES AND SANI= TATION, CONTAGIOUS OR INFECTIOUS DISEASE AMONG HUMAN BEINGS AND FIRES AND THE DUTIES OF HEADMEN. IN RESPECT OF PUBLIC NUISANCES AND SANITATION CONTAGIOUS DISEASES AMONG HUMAN BEINGS AND FIRES. sec,29(:i:)(d) In exercise of the powers conferred by section 29, sub G.D.Notn.No. section I, clause (d), of the Burma Village Act, 1907 (Burma 461. dated 8th Dec, 1908, as amended by G. â€¢ Page 39, ante. t Bur~a Code, Volume I, !?age S4, D.Not, No. 21111, dated ll8th

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RULES AND ORDERS UNDER SECTION 29. ~3 Act VI of 19071, th.e Lieutenant-Governor is pleased to make ~!~21~"the following rules :-1t.~d::.1ta::-Jan. 19~ No. acZ,dated 11th QULES PRESCRIBING DUTIES OF PERSONS ~)~7l!~J~~ii RESIDING IN A VILLAGE-TRACT, IN QE-~~~d!~!~H4':!. SPECT OF PUBLIC NUISANCES AND SANI~ ~i:J:t!.!=-TATION Aug. lH22,No, â€¢ 161, dated llld sep. J9iU, aad N 'd' â€¢ ']j h II II 1!49 dated Ind , . â€¢ o person res1 mg In a v1 age-tract s a a ow any D~.1026. house or land occupied by him to be kept in a filthy or insanitary condition, or overgrown with weeds or rank vegetaLion. 2. No person residing in a village-tract shall allow any corpse of a human being, unless embalmed or enclosed in an airtight coffi11, to be kept unburied or uncremated for more than 48 hours in a11y house or land occupied by him without the special sanction in each case of the Deputy. Commissioner, â€¢ Civil Surgeon, Subdivisional Officer or Township Ufficer : Provided that between the first day of November and last day of February inclusive, corpses may be kept unburied or uncremated for 7 2 hours. 3. No person residing in a village-tract shall bury a corpse or cause a corpse to be buried at a depth of less than five feet, or within thirty yards of any well tank or stream, or of any dwelling-house. No person residing in a village-tract shall throw a corpse or cause it to be thrown into a river, creek Qr water of any kind. 4. Except with the permission of the headman no person residing in a village-tract shall burn or bury or deposit the corp;,;e of a human being in or at any place other than a burial ground set apart by the headman . . 5 . .l\o person residing in a village-tract shall al1ow any latrine or cess-pit on any house, enclosure or land occupied by him to be kept in a filthy or insanitary condition. Cess-pits shall be closed periodically. 6. No person residing in a village-tract shall build any new house in any village within 20 feet of the front or back or 6 feet of the side of any existing house. QULES PRESCRIBING DUTIES OF THE HEAD .. MAN OF A VILLAGE-TQACT, IN QESPECT OF PUBLIC NUISANCES AND SANITATION. 7. The headman shall require residents of the village-tract to carry out the provisions of the preceding rules. 4

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PAGE 47

RULES AND ORDERS UNDER SECTION 29. 45 bathing and for washing clothes, and at these places after they have been clearly demarcated by posts, he shall not permit rafts oâ€¢ timber or bamboos to be tied up. 13A. In the case of villages which are situated near the bank of a river or stream, the headman shall, as far as possible, keep the foreshore free from houses up to a distance of forty feet from the bank. He shall require all houses hereafter built or re-built to face the bank of the river or stream, and shall not allow latrines to be erected between the houses and the bank of the river or stream: Provided that this rule shall not apply in Lower Burma except to the Thayetmyo District and the Pegu Division. 13B, In the case of villages which are situated near the bank of a river or stream, the water of which is ordinarily used for drinking purposes, the headman shall, as far as possible, keep the foreshore free from houses up to a distance of forty feet from the bank. He shall i;equire all houses here -after built or re-built to face the bank of the river or stream, and shall not allow latrines to be erected between the houses and the bank of the river or stream : Provided that these rules shall be in force in the Arakan, Irrawaddy and Tenasserim Divisions only. , 14. The headman shall see that all latrines in each village under his control are screened by a sufficient roof and wall from the view of passers-by or persons residing in the neighbourhood. 15. The headman shall cause the streets and lanes in each village under his control to be kept free from weeds, in good. -order, and in a sanitary condition. 16. The headman shall mark out a place near, but outside each village under his control where rubbish may be deposited, and shall cause the rubbish to be burnt or worked into the land at ploughing time. RULES PRESCRIBING DUTIES OF PERSONS RESIDING IN A VILLAGE~TRACT, lN RE= SPECT OF CONTAGIOUS OR -INFECTIOUS DISEASE AMONG HUMAN B'EINGS. . 17. No person residing in a village-tract shall keep the corpse of a human being who has died of cholera, small-pox, -~nusu.al fever acco~panied. by glandular swellings, or other mfect10us or contagious disease, for more than six hours unburied or uncremated in any house or hnd occupied by him.

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:tf.6 PART 11,-STATUTORY RULES AND ORDERS. 17A. Every person residing in a village-tract shall, without delay, report to the headman Lhe occurrence of any disease of the kinds described in Rule 18A which m,.y come to his knowledge. L--., .. 17 B. Every person residing in a village-tract shall report forthwith to the headman the o .::curren::e in tl,e premises owned or occupied by him of any unusual mortality among rats. :QULES PR.ESCIUBING DUTIES OF THE HEAD .. MAN OF A VILLAGE-T:QACT IN :QESPECT OF CONTAGIOUS OR. INFECTIOUS DIS~ EASE Al\lONG HUMAN BEINGS. 18A. The headman shall at once send a report in form "Sanitary 9S" to the Township Offic<:r, Subdiv1sional Officer or Deputy Commissioner, whichever officer happens at the time to be nearest (in the Tenass1::rirn Division he may, instead of senciing it to any of these officers send it to the officer in charge of the police-station or police outpost within the jurisdiction of which his village-tract is situated) of the occurrence of cholera, s1rall-pox, or any case of unusual fever accompanied by glandular swellings within his village-tract. He shall also send a regular weekly report of the progress of the disease, so long as it continues. 18B. The headman of a village-tract which is not infected with cholera or small-pox may forbid and take all reasonable means to prevent the entr,mce into his village-tract of any person (other than a Government officer on duty) who comes from an area infected with cholera or small-pox for et period of ten days from the date on which he left the infected area. 18c. Should any such person as is mentioned in Rule 18B of these rules enter tht! village-tract notwithstanding such prohibition by the headman, the headman may take all reasonable means to expel him. 1 So. Should any person be found to be suffering from cholera or small-pox within a village-tract, the headman may require him, either to remain segregated within his house if this is sufficiently distant from other dwellings to avoid risk of spread of infection, or to rem~ve to a specified area within the village-tract, and there remam segregated until cured ; in the case of cholera for lO days from commencement of the illness and in that of small-pox for 30 days from commencement of the illness, or until shown to be free o'f infection by the skin, being wholly clean of scabs.

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RULES AND ORDERS UNDER SECTION 29. 47, 18E. The headman of a village-tract may exercise similar powers to those conferred by the preceding rule with reference to any p~rsan who shall have been in co'ltact with a sufferer from cholera or small-pox, either by residence in the same houc;e or otherwise ; the period of segreg::i.tion to 'exlend to to days in the case of cholera and 13 days in that of small-pox after at! contact with an infected person, his effects, or premises, has ceased. If within the oerio:l of segreg::i.ticm such p !rson be -1.ttacked by the diseas~, the lwadman m1.y proceed in accordance with the provisions of Rule 180. 18F. In the nses mentioned in Rule" r 8E and 180 the headman may require the villa~ers to provide accommodation for and to maintain persons who are unable to support themselves. 18G. The headman may require all or any of the residents of a village infected with cholera within his vilhge-tnct, to which the Deputy Co111missioner may hy special order dechre this rule to apply, to evacuate such village. and to occupy and remain within a specified area withi'l the limits of the village-tract for such period as the Deputy Commissioner may by such order prescribe. 18H. The headman may require the villagers to bury'the body of any person who has died of any disease mentioned in Rule 17 181. The headman on receiving a report of unusual mortality among rats shall verify the sarne and thereafter report it to the Township Officer, ~ubiivisional Officer or DeputyCommissioner, whichever officer happe!1S at the time to be nearest. ln the Tenasserim Division the he::i.dâ€¢na miy, instead 0 reporting it to any of these officers, repc>rt it to the officer in charge of the police-station within the jurisdiction of which his village-tract is situated. RULE PRESCRIBING DUTIES OF PERSONS RESIDING IN A VILLAGE=TRACT IN REâ€¢ SPECT OF FIRES. 19. Each house-owner or occunier in a villaO'e shall mctinâ€¢ I .~ '1:am two hooked bamboos. two fire-beaters, and as many pots filled with water as there are front posts of his house.

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48 PART 11.-STATUTORY RULES AND ORDERS RULE PRESCRIBING DUTIES OF THE HEADMAN OF A VILLAGE-TRACT IN RESPECT OF FIRES. 20. The headman shall see that fires or lights are not ignited, handled, or used in any village under his co!1trol in such a manner as to be dangerous to life or property. In really serious cases, or where a fire results from careless action on the part of any of the villagers, he shall send a report of the matter to the nearest magistrate or police-officer. Rules made in this behalf by Commissioners of Divisions d section 6, sub-section (1), clause fl,, of thi> Lower Rurm::i. Vill:ig-e Act, (Un er section 5, clause 11), of the Upper Burma 'Village l{egulation, 1887 1889 (Ill of 1889\ , XIV of 1 ~87 , are hereby superseoed. DUTIES OF THE HEADMAN AND RESIDENTS OF A VILLAGE-TRACT IN RESPECT OF THE PREVENTION OF THE SPREADING. OF LEPROSY. 5 c 29( )(d) In exercise of the powers conferred by section 29, sub-e; 1 â€¢ section (1), clause (u'), of the Burma Village Act, 1907, the ~s1, .ia~.J~t~ Lieutenant Governor is pleased to make the followina rules Nov.1916, as 'b' h d â€¢ , f d j l d ;:--, d amended by G. prescn mg t e UtJeS to Oe per Orme by t 1e 1ea men an D.Note.No. '..J
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RULES AND ORDERS UNDER SECTION 29. 49 Tenasstrz'm Dz"vz"sz'o,z. The village-tracts of W aingpat, Saze and Songon in the Shwegyin' Township, and Taungseik and Daungun in the Kyaukkyi Township of the T oungoo District, Amherst District. Thaton District. Tavoy District. Sagaz'1tg Dvz'sfrn-concld. Lower Chindwin District. Upper Chindwin District. 2. The headman shall call upon any person residing within the village-tract, who has been declared by the Civil Surgeqn of the district, or by any other medical officer not below the rank of Sub-Assistant Surgeon dtputed in that behalf by the Civil Surgeon, to be affected with leprosy, to remove his residence to a place to be prescribed by the Deputy Commissioner in this behalf. 3. In any place to whicr. such persons have been removed under Rule 2, the headman shall provide wells or tanks for their us~, one of which shall be reserved for drinking purposes only. The headman shall prohibit such persons using for any purpose the water of any river, stream, canal, tank, pond or well other than that of the wells or tanks so provided .. 4. Any person residing in a village-tract who has been so required by the headman as aforesaid shall be bound within seven days to remove his residence to such place as may be prescribed by the Deputy Commissioner in this behalf and shall refrain from using for any purpose the water of any river, stream, canal, tank, pond or well other than that of the well~ or tanks provided by the headman under Rule 3. 5. The headman shall not allow any leper to expose for sale any articles off ood or drink or to act as a water carrier outside the place set apart ui1der Rule 2. . The following notifications t are hereby superseded:"' # # # # DUTIES OF THE HEADMAN AND RESIDENTS OF A VILLAGE=TRACT IN RESPECT OF THE PUEVENTION AND SUPPQESSION OF Sec. 29(1)(d) CATTLE DISEASE. (1t). I â€¢ â€¢ h f d â€¢ Rev D. Not. _ n exercise ot t e power con erre uy section 29, No.ss, dated sub-section ( 1), clauses ( d) and ( h) of the Burma Village ;~~,J;~a.J~t4 ' Act, 1907, as amended by the Burma Towns and Village ~~~?:fa~~d Amendment Act, 19u, t;e Lieutenant-Governor is pleased to ~~tJ:~~~~!9th -~----------------------May 1919and t L . "fi â€¢ No. 47, dated 1st of not1 cations omitted. 1othSep.1Sll00

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50 PART 11.-STATUTORY RULES AND ORDERS. make the following rules in supersession of tho5e published in this dep:utment Notification No. 90 of the 9th Oecenber 190~, for the preventio:1 and suppression of contagious and infectious disease among cattle in village-tnct~ : GENERAL RULES. , . These rules which may be cited as '' The Cattle Disease Rules, 191 ,;1.," apply to all areas in which the Burma Village Act, 1907, is in force except the undermentioned areas:-( 1) In the Toungoo District: the Tantabin. Township except the Bonmadi and Tantabin Circles, and the whole of the Leiktho Township. (2) The Salween District: except the part of that district described in General Department Notification No. 3 I 3, dated the I st December 1905. (3) In the Mergui District: the Tenasserim, Bokpyin and Maliwun Townships. (4) In the Mandalay District: the Eastern and Western Subdivisions. Provided that th'e Commissioner may at any time direct that the rules shall apply, either temporarily or permanently, to any part of the excluded areas which falls within his jurisdiction and may at the same time declare the Officer, who shall be Township Officer, Subdivisional Officer or Deputy Commissioner for the purposes of the rules. 2. In these rules:-( 1) "Animal" and ''Cattle" mean kine, buffaloes, sheep and goats, and such other be::>.sts* as the Commissioner * Ponies were declared to be cattle or animals for the purposPs of these rules in the Sagaing Divisfon, the ohamo and Ruby Mines Districts (now I\Aog6k Sub division of the Katha District), and the Amherst and Toungoo Districts. by 11otification by the Commissioner, Sagaing division No. 129, dated the 13th December 191S, by notifications by the Commissioner, Mandalay Division, Nos. 155 and 1s6, dated the 14th December t915. and by notification by the Commissioner, Tenasserim Division, No:18, dated the 20th January 1916. ;\fules were ceclared to be cattle or animals for the pur~oses of these rules in the SagaingDivision an:! in the 13hamoand Ruby :Vlines Districts (now Mog6k Subdivision of the Katha District) by notification by the Commissioner, Sagaing Division, No. 120, dated the 13th December 1918, and by notifications by the Commissioner, Mandalay Divisi(ln, Nos, 155 and 156, dated the 14th December 1915. Elepl-:ants were declared to be cattle or animals for the purpo~es of these rules in the Toungoo, Tavoy, Salween and Amherst Districts, and the Pegu, ln,ein and Thar,awaddy Districts, by notifications bv the Commissiâ€¢Jner, Tenasserim Division, No. 7, dated the 13th January 1916, and No. 18, dated the 20th January 19x6, and notification by the Commissioner, Pegu Division, No. 356, dated the , 1th December 1915. Pigs were declared to be cattle or :i.nimals f~r the pur_poses of t~ese rules in the Bha 11,, Disitrict by notificati0n b the t:ommissioner, M rndalay Divisi:rn, No, H5, dated the Hst December r930.

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RULES AND ORDERS UNDER SECTION 29. SI\ may from time to time declare to be cattle or animals for the. purposes of these rules, ( 2) "Cattle-owner" includes any person who has cattle in his possession or under his charge. (3) " Commissioner" means the Commissioner of a Division and includrs the Superintendent and Political Officer, Southern *Shan States and the ~uperintendents of the Northern *Shan States and the Chin Hills. ( 4) "Disease " 1neans rinderpest, anthrax, foot-andmouth disease, contagious pleuropneumonia, tuberculosis, glanders, and any other cattle-disease t which the Com missioner may, from time to time, declare to be a disease for the purposes of these rules in respect of any area within his jurisdiction. (s) " Infected " means infected with any disease. :3. (1) In every village-tract in which there is suitable waste land or grazing-ground the headman shall set apart a place or places for the segregation of infected cattle and, in the case of rinde-rpest, for cattle which have been in the same herd with infected cattle. ( 2) If there is no waste land or grazing-ground available for such purposes, the headman shall report the fact to the Township Officer, who shall set apart for the cattle of such viliage-i:ract a suitable place or places in an adjoining village tract or elsewhere, regard being had to the convenience of the villagers concerned. 4. All persons resident i'l a village-tract shall immediately report to the headman the outbreak of any disease in the village-tract, or in any neighbouring village-tract which may -come to their knowledge. 5 Everv cattle-owner who brings cattle into any villagetract shall, if he has knowledge of the existence of any disease among such cattle or in any neighbouring village-tract through which they have passed, report the same to the headman. The Burma Village Act, 1907, has ceased to apply to the Sha~ States (vitle Political Department notification No. 35, dated the 7th .July 1925). . t'' Hzmorrhagic Septicemia" was declared to be a contagious or infectious -disease for the pu,poses of these rules in the Sa~aing D1visi,n and in the Bh:imo Oistrict, by noiification by the Cummissioner, Saga:11~ Division, No. 129, dated the 13th Dece,iber 11)18, and notification by the Commissioner, M ~ndalay Division, No. '215, dated the 21st :.>ecember r920. Surra has been similarly declared to be: cont:tgiuus or infectious disease for the purpus~s of these rules in the Bhamo an.:i R 10y Mines Di,tricts (now Mog6k Subdivision of the Katha District) and the Sagaing Division, by notifications of the Coâ€¢nmissioner, Mandalay Divi;bn, Nos. 155 and 1;6, dated the q.th December 191 i, and no,ificati::m by the C:o,n,nissi,)ner, Sag-1ing Division, No. 129, dated the 13th l)ecember 1918.

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52 PART 11.-STATUTORY RULES AND ORDERS. 6. The headman of a village-tract, on becoming aware of an outbreak of disease, shall take action as follows : -(A) lj the 011tbreak is in a neighbouring village-tracthe shall without delay foform the headman of that tract unless he has already received from that headman the intimation prescribed under (B) (4): (B) If the outbreak is in his own 'llillage-tract-he shall (1 r within 24 hours send a report* of the fact to the Township Officer, or t.o the Subdivisional Officer, or Deputy Commissioner, if either -of these officers is nearer than the Township Officer ; ( 2) cause the place or places set apart for infected or in-contact cattle under rule 3 to be enclosed and such cattle to be penned therein until permission for their removal has been granted by the Deputy Comrnissiorer or an officer authorized by him in this behalf; (3) protect cattle watering-places from_ infection by infected or in-contact cattle or cattle in transit; (4) cause the headmen of adjoining tracts to be informed of the outbreak ; (S) cause C.lttle-owners in his tract to carry out any orders i~sued by an inspecting officer under rule 7. 7. -On receipt of information ~hat disease has broken out in a village-tract, the Deputy Commissioner, Subdivisional OA~cer, or Township .Officer may appoint an officer to inspect all the cat I le in that village-tract. Such inspecting officer may require all cattle-owners resid~nt in or passing through the villagetract tc, bring their cattle for inspection to such place and at such time as he may direct, and may issue such orders for the better carrying out of rule 6 as may seem to him to te called for as a result of such inspection: Provided that any Veterinary Officer of the rank of Veterinary Assistant and upwards may perform the duties of an inspectina officer without further autho;ization under this r, rule in any village-tract under his charge which he has reason to believe to be infected. g. On learning of the outbreak of disease within his juris diction the Townsihp Officer shall at once inform the officers in charge of townships adjoining the infected area of such outbreak. Similarly the Deputy Commissioners shall inform the Deputy Commissioners of districts.adjoining the infected area. Miscellaneous b k f I d" " " In form . . '' Headman's report of out rea o catt e 1sease. Villages 13

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RULES UNDER SECTION 29. 53 9. Every cattle-owner resident in or passing through a village-tract, on the outbreak of any disease among his cattle shall drive the infected cattle and, if the disease be rinderpest, all other cattle which have been in the same herd with the infected cattle, to a place set apart for this purpose under rule 3, and shall not remove the cattle therefrom without the permission of the headman. 10 Every cattle-owner resident in or passing through an infected village-tract shall-(a) produce his cattle at the place and time (if any) appointed for their inspection under rule 7, and shall obey all orders issued by their inspecting officer under that rule; (b J obey all the directions of the headman issued under th_ese rules and render him such assistance as he may require in enclosing the places set apart for infected cattle ; (c) burn daily all dung, grain, fodder, straw, litter, refuse or other thing which has or may have been in contact with an infected animal. 11. If an infected animal dies the owner shall bury the carcase within twelve hours after death at, or as near as possi ble to, the spot where-the animal died, but at a distance of not less than 300 yards from.any houses, cattle-pens and customary watering-places a ;d at a depth below the surface of not less than six feet. The carcase shall be buried with the hide and horns, and after the carcase has be.en pi.It into the ground the hide shall be slashed so as to render it unfit for tanning or any other use. If by reasou of flood or for any other cause it is not possible to bury the carcase it shall be burnt together with the hide and horns. I I A. No person shall disinter the carcase of an infected animal which has been buried or possess or sell any part of the carcase of such animal. 12. On the outbreak of disease the Deputy Commissioner or Subdivisional Officer may by order direct that the headmen of villages specially selected by him as being situated on the main roads or lines of communication shall for a period not exceeding three months from the date of such order cause notices proclaiming the existence of such disease to be affixed to trees on the roads, grazing-grounds,, z, yats, etc., or such other public places as such headmen may think fit, and that they shall also take such measures for the due segregation of all cattle passing through their village-tracts as may be, by general or special order, prescribed by the Inspecting Officer under rule 7 or any officer superior to hirr: in rank.

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54 PART 11.-STATUTORY RULES AND ORDERS. 13. On the outbreak of any disease in his district or in a locality adjacent t0 his district, the Deputy Commissior.er may direct that within such area of his district as hP may define in this behalf, cattle shall not be removPd from one village-tract into or through any other village-tract, or that cattle may be re,roved rrom all or certain of such village-tracts by certain routes only and subject to such conditions as he may prescribe. Within such area or areas a cattle-owner shall not remove or permit the removal of his cattle into or thro11gh a villa~~e-tract except along the routes, if any, and subject to the conditions, if any, pres~ribed by the Deputy Commissioner. 14. When an order has been issued by theDeputy Commis sioner under the preceeding rule. the declaration setting out the area to which the order applies, the general prohibition against the remov.:tl of cattle and the route.; and conditions, if any, prescribed for removal !,hall he pul:>lished by affixing a copy on the village notice-board in each village-tract within the area and in such other manner as the Deputy Commissioner may direct INOCULATION QULES. [Th~ following rules apply only to the Pegu Division and to the Bassein an Amherst Districts but n \...Orn missioner may in case o! any outbreak occ-1rri:1g direct thal they shall ap?ly to any area within his jurisdiction in which rules 1-14 are in force,] I 5. When rinderpe5t or any other contagious disease for which inoculation is practised under the authority of Government has appeared in any part of his district. the Deputy Commissioner may, cause the cattle in the infected area and in such adjoining areas of his district as he thinks fit, to be inocuâ€¢ lated with the consent of the owners. 16. The Deputy Commissioner shall notify to the headmen of the village-tracts selected for inoculation that they are required to take the special measures prescribed by the follow ing rules for the prevention of rinderpest. I 7. The headmen on receipt of such n1Jtice shall direct cattle-owners who do not wish to have their c;.ittle inoculated to construct. at their own expense, enclosures in which to pen their cattle, such enclosures to be di~tant at least a quarter nf .a mile from the nearest villaae. The headmen shall also forbid .::, owners of cattle which have not been inoculated to pen such cattle in any village.

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RULES AND ORDERS UNDER SECTION 29. 55 18. Where possible a special grazing-ground at a distance from any village shall be set apart by each headman for cattle belonging to owners who do not wisn to have their cattle inoculated, and where such a grazing area has been set apart, the headman shall forbid the 01vners of such cattle to,graze their cattle on their grazing-grounds, and in any case the headman shall forbid the owners of such cattle to graze cattle which have not been inoculated. in the portion of the village grazing-ground set Jpan by him for cattle belonging to owners who are willing to have their beasts 'inoculated. The restric tions on the grazing of cattle which have WJt been inoculated shall continue until such time as the locality is frc:e from disease. * REGISTRATION OF DEATHS OF CATTLE. In exercise of the powers conferred by section zg, sub-section ( 1 ), clause (d), of the Burma Village Act, 1907, ~he Government of Burma (Ministry of Agricuhure) is pleased to make the following rules for the registration of cattle l1ec1ths in vilL;ge-tracts, in supersession of the rules promulgated in Revenue Department Notification No. 911 dated the: 9th U ecember I goS, as subsequently am enc.led:-GENERAL RULES. 1. These rules which may be cited as ' 'fhe Registration of Cattle Deaths Rules, r 925,' ,hall apply to all areas in which the Burma Village Act, 1907, is in force except the undermentioned areas:-The Pyin w& Cirde of the .-\kyab District, the HHI District of Arakan, the Salween District, the Tabye and :V1ebalan Circles of the Tantabin Towm,hip, and the whole of the Leiktho Township of the Toungoo District, and the districts and parts of Distiicts iu,Upper Burma where the tBurma Rural Self-Government Act, 1~21, does not apply. 2, The term "cattle " in these rules includes cows, bulls bullocks ' I I calves, buffaloes, horses, pomes aud elephants. 3. Every death of cattle occurring in a village-tract shall be reported within 48 hours to the headman by the owner or keeper of the animal, or if the owner QJ' ke~p~r is .absent or unable to report, then by the eldest adult male hvmg m the house, or if such eldest male is unable to report, then by the eldest adult female living in the house. 4. The headman shall make it generally known that any person, being bound to report a..:Jeath and ntglecting to do so within the prescribed period, is liable to punishment under section 12 of the Burma Village .-\et, I 907. "'For instructions for the r.ollection and record of statistics of cattle, deaths, see paragraphs 8~ to 97, J>ages 96 to 98, post. t Burma Cooe, Vol. 11, page 756. Sec.29(r)(d) Agrl, (Vety,) D0 Not.No, 7, elated 41h Sep, 1995,ae amended by AgrJ. (Vetr, D, Net,,No, 111 dated lllith NDI'. 1916.

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56 l'ART 11.-STATUTORY RULES AND ORDERS. 5. On receipt of information as to the occurence of a death within his village-tract the headman shall enter it or cause it to be entered in the counterfoil register in the form pr~scribed by the Veterinary Adviser. The foil shall be sent when due to the Township Office unless the Deputy Commissioner directs that it shall be st>nt to thd nearest police-station. The headman shall retain the books containing the counterfoils as part of the village records. 6. When, for any reason, the headman is obliged to leave his village for some time or i~ incapacitated {rom performing his duties by illness or other cause, he shall make arrangements with a member of the village corn mittee or, failing such member, some other elder or responsible person of the village to have deaths of cattle registered and to ensure that the foils are despatched to the Township Office or the police-station, as the case may be, if they should become due during his illnf'ss or absence. 7. The headman shall send cattle death foils not later than three days after the end of the month or period to which they relate to the Township Office, unless the Deputy Commissiomr otherwise directs, in which case he shall send them to the nearest police-statioa as under:(ti) From villages within 5 miles of police-station-Monthly. (b) From villages over 5 mile~ and under 20 miles from a policestation-Quarterly. (c) Frnm distant village-tracts-Half-yearly (Jannary and July). Examp!e,-Headmen ol village-tracts within 5 miles of a policestation shall send foils for October, N ov001ber and December by the 3rd of November. December and January respectively. The headm::1n of village-tracts over 5 miles from a police-station shall send foils for October, November and Uecember on or before the 3rd of January. The foils from distant village-tracts for six months from January to June and July to December shall be sent on or before the 3rd of July and 3rd of January, respectively. NoTB.-ln cases where the Government of Burma has made special arrangements with timber fir:ns and other large employers of cattle-power for direct returns by them of the mortality of any kind of cattle., the above rules will not apply. DUTIES OF THE HEADMAN AND JlESIDENTS OF A VILLAGE=TJlACl lN JlESPECT OF. THE SLAUGHTE]l OF CATTLE. sec. sg(i)(d) In exercise of the power conferred by section 29, sub60 N t. N â€¢ section ( 1 , clause (d', of the Burma Village Act, 1907, as 109, dat~d wi:' subsequently amended and in super"session of the rules J t".'N:~ b~0~ published in this department N otificatio_n No. 50, dated th_e 11os,dated5th 8thFebruary 1915 as amended byth1s departmentNoti-tune 19211, and , :No. 136., dated 9th Aug. 19119.

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RULES AND ORDERS UNDER SECTION .29. 57 fication No. 3 72, elated the 3 I st August 1920, the Lieutenant Governor is pleased to make the following rules for the regulation of the slaughter of horned cattle, sheep, goats, swine .and ponies, and of the sale of the flesh thereof in village-tracts which are not situated within an area subject to the authority of a District Council established under the * Burma Rural Self Government Act, '92 1. 1. In these rules the terms 'cattle ' includes horned cattle, sheep, goats, domestic swine and ponies. 2. The Deputy Commis~ioner may establish or permit the estab]i::,ment of a slaughter-house in any village-tract for the slaughter of all or any specified kinds of cattle, and may grant a .lease for such slaughter-house in the form attached to these rules. The lease shall ordinarily be disp0sed of by auction sale. 3. The lessee shall post up a notice in the form annexed to these rules in a conspicuous place outside the slaughter house, in such language or languages as are likely to be understood by persons bringing cattle for slaughter and shall be bound to permit the slaughter of cattle in the slaughter-house in accordance with the conditions of the notice. 4. When a lease has been issued under Rule 2 or under tbe t Burma Municipal Act, 1898, or under the *Burma Rural Self-Gov:rnment Act, 1921, for a slaughter-house and such slaughter-house has been duly established, no person shall within a radius of five miles from the slaughter-house, without the special sanction of the Deputy Commissioner or Subdivi sional10fficer, slaughter or cause to be slaughtered any cattle -of the kind referred to in such lease, otherwise than at such slaughter-house. 5. All animals intended for slaughter at a slaughter-house sh11l be exposed for such period not exceeding four days, as the Deputy Commissioner may direct, in the pound, bazaar or other place named in the notice published under Rule 3. Within twenty-four hour5 of the expiry of such period they shall be brought before the Sub-Assistant Surgeon or police officer or such other person as the Deputy Com missioner may direct for inspection. If passed, they shall be slaughtered at such time within twenty-four hours of such inspection as the Deputy Commissioner may direct, and the hides of the animals shall be exposed for twenty-four hours at the slaugl.iter-house or at such other place as the Deputy Commissioner may prescribe. â€¢ Burm,ei Code, Vol. II, page 756. t Burma Code, Vol. II, pag-e :a6o.

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â€¢ 58 PART II.-STATUTORY RULES AND.ORDERS. 6. Before cattle are slaughtered in slaughter-house the prescribed fee shall be paid or tendered to the lessee, and the person bringing the cattle sfaall inform th c lessee of his name and residence and of the name and residence of the owner of the cattle. 7. In any village-tract to which the Deputy Commissioner may declare this rule to be in force, and in which a Government or Deputy Commissioner's Local Fund bazaar has been provided the flesh .:if cattle shall not be sold or exposed for sale except in such bazaar. Provided that this rule shall not apply to cooked flesh sold or exposed for sale in a bona .fide eating house. 8. No person shall, within a radius of five miles from any slaughter-house, sell or expose for sale the flesh of any kmd of cattle for which a slaughter-house has been provided, unless such cattle have been slaughtered at such slaughterhouse in compliance with the provisions of these rules. 9. Any lease granted under these rules may be cancelled by the Deputy Commissioner for any breach of these rules or of the COill .. itions of the lease.

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RULES AND ORDERS UNDER SECTION 29. 59 [Fnrm of Lease mentioned i"n R de 2.] SLAUGHTER-HOUSE LEASE. IN THE OFFICE OF THE DEPUTY CO:vl l\llSSlO;'.:ER, DISTH.ICT. By authority of Rule 2 of the rules published in General Department Notification No. w9, datP.d the qth March 19221 and framed under the provisions of section 29 ( 1) ( d), of the Burma Village A.et, 1 tJ07, this lease of the slaughter-house provided for the slaughter of * in village-tract in the Town ship, of the District, is granted by me to son of for the sum of I{ s. This lease (unless sooner cancelled or withdrawn) expires on the 19 , and is subject to the conditions set out on the reverse. Dattd 19 [Rtverse.] CO .\lDITION S, Deputy Commissioner. â€¢ Here lpedfy the klndol cattle. (i) This lease shall be given up on expiration, cancellation ' or withdrawal, and it must neither be sublet nor transferred without the written peri:nission of the Deputy Commissioner. (ii) The sums payable in respect of this lease must be punctually paid on or before the following dates :-Rupees being one-fifth of the whole Rupees on the fall of the hammer and the balance in eight instalments on the following dates:-!st instalment Rs. payable on znd instalm~~t Rs. payable on 3rd instalment Rs. payable on 4th instalment Rs. payable on 5th instalment Rs. payable on 6th instalment Rs. payable on 7th instalment R,. payable on 8th in~talment Rs. payable on (iii)The slaughter-house and premises shall be kept by the lessee from day to day in as clean and wholesome a state as possible, and all dirt and refuse shall be removed daily. :,

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6o PART 11.-STATUTORY RULES AND ORDERS. Cattle ~heâ€¢p (iv) Goats shall be exposed for a period of Swine Ponit:s -days before slaughter. Within twenty-four hours of the expiry of that period they shall be brought before the of for examination between the hours ol-and ---. If passed, they shall be slaughtered at such time within twenty -four hours as the Deputy Commissiontr may direct and the hides of the animals shall be exposed for twenty-four hours at the s1aughter-house or at such other place as the Deputy Commissioner may prescribe. The lessee shall not permit any animal to be slaughtered at the slaughter-house unless it has been passed and unless a certificate of the pound-keeper or bazaar-gaung is produced as to the period of exposure. The certificate given by the pound-keeper or bazaar-gaung shall be endorsed by the officer authorized to examine and pass cattle for slaughter, when passing the animal, and shall be surrendered to the lessee for cancellation when the animal is actually slaughtered. (v) The undermentioned fees may be levied by the lessee for permission to slaughter in the slaughter-house :-Oxen, cows and buffaloes, each Calves, sheep and goats, each Full-grown pigs, each Sucking pigs, each Ponies, each Rs. A. P. ... Fees shall be levied only at the slaughter-house and only before slaughter is permitted. A receipt in the prescribed form below sh:111 be, given for each fee levied, No larger fee than that prescribed above shall be levied, The lessee shall permit the slaughter in the slaughter-house of all animals for

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RULES AND ORDERS UNDER SECTION 29. 61 which the prescribed fee has been tendered and for which condition. (iv) has been fulfilled, Name Rest'dence. ReceirJed from ... --~----------------.-------,-------Rs. A, P, for slaughter of Date Number. Oxen, cows or buffaloes. Calves, sheep or goats. Full-grown pigs, Sucking pigs, Ponies. Signature of Lessee or his Agent (vi) A register of slaughtered cattle shall be kept up m Burmese in the following form by the lessee :-' Person bringing ' I cattle for Owner of cattle,j Description of cattle, slaughter, Date. Number. N ! Resi' ui1 ' C .. I I fn 5 I .,; Resi.,; .: bt"'"'I ....: Name. .. ame.i dence. dence, C 5 ! v .: Et Ill .. -u-"=t.,1~ o'j E I 0 :c 8 tZ~ll.~ Jl Oil G.I < (I) (a) (3) (4) (6) (a) ( b) i (c) /(d) E (e) (/) (8) ! ,.,b I I ' I / ! I â€¢i ' ., I !: I I i I I I ! I i ! I The register shall be shown by the lessee on demand to :my Magistrate or police-officer or to the head man of the ward or village-tract in which the slaughter-house lies,

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â€¢ Here specify the tlnd of cattle. fra PART 11.-STATUTORY RULES AND ORDERS. ' (vii) As a security for the due observance by him of the conditions of the lease, the lessee shall place a de.posit of Rs. 50 with the Deputy Commissioner which shall be returned to him on the termination of the lease by cancel lation or otherwise unless it is already forfeited. l n case of any breach of_ the conditions of the lease by the lessee, th~ Deputy Corn missioner may either forfeit the whole or any portion of the said deposit or, in lieu of such forfeiture, cancel the lease. l\: OTE.-The Deputy Commissioner may, instead of requiring a deposit under this condition, accept such security as he may fix from the lessee or fro1n one or more sureties on his behalf for the due observance by the lessee of Lhe conditions or the lease. (viii) This lease may be cancelled by the Deputy Com missioner for any breach of the rules or of the conditions of the lease (ix) On the expiry of the lease, the lessee shall hand over the slaughter-house and premises to the Deputy Com missioner in good condition. [Form of Noti'ce ment1oned 111 Rule 3.] NOTICE. S lau,g hter-house. This slaughter-house is set apart for the slaughter of* The lessee is bound to permit the slaughter, at such hours as the Deputy Commissioner may direct, of any cattle of the kinds abovementioned which may be brought for slaughter, provided the following conditions are complied with =-( 1) That, unless the Deputy Commissioner otherwise directs, the animal has been exposed for ---whole days at the ~:~::r and has been passed by the, Sub-Assistant Surgeon. of and

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RULES AND ORDERS UNDER SECTIONS 20A AND 29 63 (2) that fee according to the following scale has been paid or tendered to the lessee :Oxen, cows and buffaloes, each Calves, sheep and goats, each Full-grown pigs, each Sucking pigs, each Ponies, each Rs. A. P. .REGULATION OF PAWNSHOPS IN VILLAGE'TRACTS. In exercise of the power conferred bv section 20A, subs ( ) sections (2) and (3), of the Burma Village Act, 1907, as e(3-)0A 2 amended by Burma Act I of 192:. the Lieutenant-Governor is pl~ased to make the following rules for the regulation of pawnshops in village-tracts in Burma. excluding areas notified fse~cia~~tt:o. under section ~ w of the * Burma Municipal Act, 1898: ?!;.;1J;fi,;"G. I In these rules-D. Notn. No. â€¢ 974, dated totb (a) "Pawn-broker" means every person who carries on Oct.1929,G.D. Notu, No, 88, the business of taking goods and chattels in pawn for loans f~3~!i~~ of money not exceeding Rs. 200 in any one transaction : !~!~1~:i;}!'ne provided that nothing in these rules shall apply to persons 19z 5 â€¢ taking goons and chattels in pawn for loans exceeding; Rs. wo; when the rate of interest or other profit does not exceed 15 per cent. per annum, nor shall they apply to persons genuinely carrying on the business of money-lender and advancing 1~oney on a promissory note or other document ; b) " rJledge" means an article delivered to a pawnbroker in pawn ; (c) "Pawnor" means the person who delivers an article to a pawn-broker in pawn; (di " Shop" includes any place where tne business of a pawn-broker is carried on. 2. In any village-tract to "hich the Deputy Commissioner has directed that section 20A of the Burma Village Act, 1907, as amended by Burma Act I of 19:21, shall .:tpply, no person shall carry on the business of a pawn-broker except in accord ance with a license granted by the Deputy Commissioner or by an officer authorized by the Deputy Commissioner in this behalf. 3. The right to be granted a license . may be disposed of hy auction which shaU be held by such officer as the Deputy * Burma Code, Vol.11, page :a"6t>'.

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PAGE 67

RULES AND ORDERS UNDER SECTION 20A. 65 (b) the time agreed upon for redemption of the same; (c) the sum of money lent thereon; (d) the rate of interest or other profit to be charged ; (e) the day of the. month and the year in which the transaction took place ; (f) th.= name and address and the left thumb impression of the pawnor and, where the pawnor is not the owner of the articles pawned, the name and address of such owner; (g) the date of redemption of the articles; (h) if unredeemed, the number of the page in Book III on which the transaction is entered ; and a duplicate of such entries shall be delivered to the pawnor. (v) That the pages of the book and duplicates mentioned in the preceding condition shall be numbered consecutively, and each page and duplicate shall contain the name of the pawn-broker and the address of his shop. ( vi) That the licensee shall not charge or demand in respect of any loan made by him any interest or other profit exceeding the following rates :-If the sum lent does not exceed Rs. ~. one anna for each rupee or part of a rupee foreach month or part of a month. If the sum lent exceeds Rs. 5, but Joes not exceed Rs. 20, nine pies for each rupee or part of a rupee for each month or part of a month. If the sum lent exceeds Rs. 20, six pies for each rupee or part of a rupee for each month or part of a month. (vii) That the licen:-iee shall keep conspicuously exposed in his shop a legibly printed copy of the rates mentioned in the last preceding condition in such language or languages as may be specified in the license. (viii) That the licensee, his s~rvants or agents, shall not receive anythingin pawn between the hours of 6 p.m. and 6 a.m., and shall not at any time take anything in pawn fr:â€¢m any child apparently under 14 years of age. (ix) That the licensee, his servants or agents, shall deliver to the owner thereo.f any pledge when demanded between the hours of 6 a.m. and 8 p.m. within the period agreed upon for redemption thereof upon tender by the owner or his agent of the sum borrowed, with the interest due

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66 PART II .-STATUTORY RULES AND ORDERS. thereon according to condition (vi) or any less sum which may have been agreed upon. (x) That the licensee shall not sell, without the consent of the pawnor, any pledge before the expiration of the time agreed upon for redemption thereof, or otherwise than in accordance with these conditions. (xi) That the licensee shall himself dispose of all articles pledged and unredeemed at the time agreed upon for redemption at a public auction held not more often than once a quarter, of which at least ten days' notice with a list of the articles to be sold shall be sent to the officer in charge of the police-station. (xii) That the licrnsee shall keep a printed book in the form set out in Form I 1 I annexed hereto. in which he shall enter or cause to be entered in English or Burmese or such other language as the officer who granted the license may direct, a true and correct account of all pledges sold, showing the date on which and the persons by whom the goods were pledged, the number of the page in Book II on which the original transaction is entered, the amount due at the time of sale, the amount realised on the sale, the date of sale, the l'lame and address of the person to whom sold, and in any case where the arr.aunt realised on the sale exceeds the amount lent and the interest or other profit due thereon at ~he date of sale and expenses attending such sale, the overplus due to the pawnor. (xiii) That the licensee, his servants or agents, shall permit his shop to be _entered between the hours of 6 a.m. and 8 p.m. by any person authorised by the Deputy Commissioner in that behalf, and by any police-officer not 11ndn the rank of sub-inspector, and shall produce for the inspection of such person or officer, the books required by these conditions to be kept, and also all or any pledges which such person or officer may require and further shall allow such person or officer to take copies of the entries in such books. (xiv) That, if any article is offered to the licensee, his servants or agents in pawn, which he or they shall have reason to believe to have been dishonestlv acquired, or if, after any article has been received in pawn, the lic.ensee shall have reason to believe that such article was dishonestly acquired by the pawnor, then in any such case the licensee, his servants or. hi~ agents, shall forthwith make a report regarding such

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68 PART 11.-STATUTORY RULES AND ORDERS. [Reverse.] CONDITIONS. (i) That the licensee shall carry on his business as pawn-broker only at the premises specified upon the face of his license. (ii) That the licensee shall keep exhibited outside his shop a signboard, on which shall be legibly printed or painted in the license number and the words " Pawn-broker's Shop." (iii) That the licensee shall keep a set of thumb impression instrument3 for the purpose of taking the thumb impression of a pawnor pledging any article. But no thumb impression of the pawnor shall be taken by any person who cannot produce from the District Suoerintendent of Police a certificate of competencv to take finger prints in a proper manner. (iv) That the licensee shall keep a book in the form set out in Form II annexed hereto, in which he shall enter or cause to be entered in at the time of each transaction, the following particulars, namely:(,1) a description of the articles taken in pawn; ( b) the time agreed upon for redemption of the same; ( c) the sum of money lent thereon ; (dJ the rate of interest or other profit to be charged; (e) the day of the month and the year in which the trans::\ction took place; (f) the name and address and the left thumb impression of the pawnor and, where the pawnor is not the owner of the articles pawned, the name and address of such owner ; (,g) the date of redemption of the articles ; (h) if unredeemed, the number of the page in Book II I "' on which the transaction is entered; and a duplicate of such entries shall be delivered to the pawn or. ( v) That the pages of the book and duplicates mentioned in the preceding condition shall be numbered consecutively, and each page and duplicate shall contain the name of the pawn-broker and the address of his shop.

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RULES AND ORDERS UNDER SECTION 20A. 6g, (vi) That the licensee shall not charge or demand in respect of any loan made by him any interest or other profit exceeding the following rates :If the sum lent does not exceed Rs. 5, one anna for each rupee or part of a rupee for each month or part of a month. If the sum lent exceeds ;is. 5, but does not exceed Rs. 20, nine pies for each rupee or part of a rupee for each month or part of a month If the sum lent exceeds Rs. 20, six pies for each rupee or part of a rupee for each month or part of a month. (vii) That the licL~nsee shall keep conspicuously exposed in his shop a legibly printed copy of the rates mentioned in the last preceding condition in such language or languages as may be specifiec in the license. (viii) That the licensee, his servants or agents, shall not receive anything in p<1wn between the hours of 6 p.m. and 6 a.m., and shall not at any time take anything in paw11 from any child apparently under 14 years of age. (ix) That the licensee, his servants or agents, shaII deliver to the owner thereof any pledge when demanded between the hours of 6 a.m. and 8 p.m. within the period agreed upon for redemption thereof upon tender by the owner or his agent of the sum b0r owed, with the interest due thereon according to c,\ndition (vi) or any less sum which may have been agreed upon. (x) That the licensee ,hall not sell, ,vithout the consent of the pawnor, any pledge before the expiration of the time agreed upon for redemption thereof, or otherwise than in accordance with these conditions. (xi) That the licensee shall himself dispose of all articles pledged and unredeemed at the time agreed upon for redemption at a public auction held not more often than once a quarter, of which at least ten days' notice with a list of the articles to be sold shall be sent to the officer in charge of the police-station. (xii) That the licensee shall keep a prirLed book in the form set out in Form lI I annexed hereto, in which he shall enter or cause to be entered in , a true and correct account of all pledges sold, showing the date on which and the persons by whom the goods were pledged, the number of the page in Book II on which the original transaction is

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RULES AND ORDERS UNDER SECTION 20A. 71 FORM II. Ori"gm al. No. Name of pawn-broker-Address of shop( 1) Description of goods(2) Time within which to be redeemed(3) Amount lent-(4) Rate of interest(5) Day of month and year on which goods are pawned-(6) Name of pawnor-~7) Address of pawnor(8) Name of owner of goods \if other than pawnor)(9) Address of owner of goods (if other than pawnor)-(10) Left thumb impression of the pawnor-( 1 1) Date of redemption( 12) If unredeemed, page of Book in Form III on which the transac tion is entered. Duphcate. No. Name of pawn-brokerAddress of shop-( 1) Descriptio of goods( 2) Time within which to be redeemed-(3) Amount lt-nt (4) Rate of interest-(5) Day of month and year on which goods are pawned... ( 6 , Name of pawnor-( 7 J Address of pawnor(8 ,\Jame of owner of goods (if other than pawnor)-( 9) Address of owner of goods (if other than pawnor)(1 o i Left thumb impression of the pawnor-( 1 1) Date o! redemption-p 2) If unredeemed, page of Book in Form Ill on which the transaction is 1 entered. FORM III. Name of pawn-brokerAddress of shop-( 1) Description of goods so!d-(2) Date when goods were pawned-(3) Person by whom goods were pawned-(4) Page of Book in Form II on which the transaction is entered-(5) Amount due at time of sale-Principal Interest Total Rs. A. P. (~) Amount realised on sale( 7) Date of sale( 8) Name and address of the person to whom sold-

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PART Ill. Executive Orders under the Burma Village Act, 1907, as amended.

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CHAP. I, PARAS. 1-3] SYSTEM OF VILLAGE ADMINISTRATION. 75' Executive Orders. CHAPTER I. PRELIMINARY. System of Village Admi'ni'stration. I. With the passing into law of Act IV of 1924, Sir Charles Crosthwaite's famous Minute (still reproduced as Appendix I*) has become largely historical. His two fundamental principles may remain baldly true( 1) that every village-tract must have a headman residing in it and (2) that every headman is responsible for the collection of revenue. But Act IV of 1924 has in certain vital particulars altered the spirit of the previous Act. In the old system the village headman held his appointment by virtue of hereditary right and of appointment by Government, with or without the concurrence of his villagers. The effect of the new Act is to make him more the elected representative of his villagers, who, in the form of a committee of not more than four, assist him in his duties as magistrate, judge and general executive officer. Another fundamental conception of the old Act which has been eclipsed, is the idea of collective responsibility. Formerly the villagers were bound to co-operate with the headman in carrying out all the duties imposed on him and on them by Government. If they did _not, they were held collectively responsible and fined. Now it is presumed that the villa.gers will co-operate with the headman whom they themselves have elected to supervise the working of the Act and rules. 2. It is true that in both the cases mentioned above the Government has reserved to itself certain powers. It is not always bound to accept the headman elected by the villagers and it may in certain circumstar.ces enforce collective respon sibility. These reserve powers, however, only serve to emphasize the new departure. They will be discussed below. in their proper place. 3. The first of Sir Charles Crosthwaite's principles-that every village-tract must have a headman-though remaining generally true, has)een largely modified. At its inception it w.as directed against the ta1'k-thufy and myo-thufyz' system, which, though satisfactory from the revenue point of view, was incompatible with the enforcement of village duties and 6

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.JPARAS. 4-12] SYSTEM OF VILLAGE ADMINISTRATION, ,77. APPOINTMENT OF HEADMEN AND CONSTITUTION OF VILLAGE COMMITTEES. the circumstances he considers such a course desirable, from holdinpa further election in order to ascertain the villacrers' 0 second choice. It is to be noted, however, that the Deputy Commissioner is not in any way bound to take this course. 6. If on the occurrence of a vacancy there is any question of amalgamating the village-tract with a neighbouring vil!agetract, that question must always be decided before an election is held, and the question of amalgamation mmt not be left to be decided by the result of an election. 7. If the Deputy Commissioner can himself hold the election, so much the better. If the Deputy Commissioner cannot do so, the Subdivisional Officer should hold it if he possibly can. It should be the exception rather than the rule for the Township Officer to hold it. 8. Ample notice should be given to the villages concerned of the inlention to hold an election, so that all candidates may arrange to be present and have time in which to whip up their supporters. The names of all persons voting for each candidate shall be recorded in writing. Village Committees. 9. The rules for the election of the three or four members of the village committee are given in full in General Department Notification No. 22'J, dated the 20th December 1924, on page '!.7 of the Manual. IO. lt should be noted that while the headman chosen by the villagers is appointed by the Deputy Commissioner and may be removed or dismissed by him, the members of village committee hold office solely in virtue of their election by the villagers. But though the Deputy Commissioner does not appoint them, he may terminate their appointment by declaring that their continuance in office is contrary to the interests of the residents of the village-tract. Such a declara tion by the Deputy Commissioner will be equivalent to removal. II. The activities of viilage committees may be grouped under ( 1) the trial of civil suits ; ( 2) the trial of criminal cases ; (3) aiding the headman in the general administration; (4) acting as a link between the District Council and the official administration. I2. As regards civil suits, the village committee h:ts no power to try such suits until so invested by the Commissioner, :,1n'de section 6 ( 1) of the Act. When it has been so invested, it

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.PARAS. 13-. 18] APPOINTMENT OF HEADMEN AND 79 CONSTITUTION OF VILLAGE COMMITTEES. I5. The last group of duties which falls on a village committee is new and important. As explained in the statement of Objects and Reasons, annexed to the Act of 1924 when introduced in Council, village committees "will form a body which will link on to village administration the duties with regard to local self-government and especially with regard to sanitation, public health and the prevention of disease among human beings and cattle, which have been made over to District Councils by the Burma Rural Self-Government Act, â€¢ 1921." Section 25 of that Act has now been amended and in consequence a Circle Board may place any matter under its control in charge of a village committee and may transfer funds for the purpose. The village committee may exercise the powers of the Circle Board in respect of the matter transferred and it is subject to the control of the Circle Board in the sarn,e respect. This is an amendment of importance. It indicates the direction in which the village system is moving. It is a measure of decentralization and of village self-government. 16 When one village-tract is amalgamated to another. â€¢village-tract, the Deputy Commissioner should pass the following three orders in the villag~ proceeding:-( 1) He should declare that inasmuch as the existing village committees were ele'cted to represent the tracts A and, B and inasmuch as the tracts A and B have now ceased to exist and have become the new tract A plus B, the village commit-tees in question have becomefuncti officio. (2) He should declare under section 5 ( 1) of the Act the new tract A plus B to be a village -tract and he should call upon it to elect a village committee. (3) He should appoint the surviving head man of the two ,original village-tracts to be the headman of the new village tract A plus B. 17. ( 1) Every hea,dman is granted an order of appointment , â€¢ f Miscellaneous In orm Viltages 5 â€¢ (2) Members of village committees should also be (provided with appointment orders. t Myothugyis in Upper Burma. 18. When the headman of a village-tract by custom exercises authority over one or more other headmen the -headman who exercises authority shall be called myotkufyi for * l:forma Code, Vol. ll, Page 756. . . . T fhese appointment ordes should be in the form prescribed in 9e. neral ,Di,p1utment endorsement No. 199014, d~ted th!l 'J 1st May 1925, tQ Con1:m1$s1oners and Deputy Coâ€¢nmissioners. Tne forn has not been brought o~ the Gu3:rd-:Qook, â€¢but copie~ should be printed locally or issued in manuscript. PAGE 80 So PART IIL-EXECUTIVE ORDERS. L CHAP. II, the purposes of these orders. For other purposes he may be'known by his customary local appellation. 19. The myothugyi shall exercise a power of control and supervision over the headmen in his circle, and shall b~ held responsible for their good conduct, and they shall be subordinate to hiro and shall be bound to obey him in all lawful matters. 20. A myothugyi' may at any time apply to the Deputy Commissioner to be relieved of his responsibility under the preceding paragraph, and thereupon his connection with the subordinate headmen shall cease, and he shall no longer receive the commission, or the share thereof, which may have been hitherto payable to him on account of the villages under those headmen. 2I. On the death, dismissal or resignation of a myothugy1~ no successor shall be appointtd to his myothugyz'shij without the previous sanction of the Commissioner. Except with such previous sanction his heirs or successors shall not succeed to . any part of his authority or emoluments as myoth11gyz' save as they may be elected by the villagers and appointed by the Deputy Commissioner as h~adman of a village-tract. 22. No. new myothugyz'shij _or circle thugyiship under whatever designation shall, be created without the previous sanction of the Local Government. Neither shall se\'eral. headmen be grouped together in subordination to another headman for revenue or other purposes, nor the commission payable to a headman be subdivided or taken away, without the same sanction. 23. On the occurrence of a vacancy a myoth11gyiship may be abolished by the Commissioner, and myoth gyishifs created after the year 1885 may be abolished by the Commissioner, otherwise than on the occurrence of vacancies. But this latter power is to be used by Commissioners with discretion and,. where a myo or circle-thugyiship was created by our officers for distinctly good service, or where the incumbent of such a British created mvo or circle has done really good service since the annexation and where to break it up would involve hardship to him, his circle need not be broken up during his' lifetime even though its creation was not strictly in accordance with the intentions of Government. 24. Cases in which it is proposed to abolish a myothufyiship created before the year 1886 otherwise than on the occurrenceof a vacancy must be reported for the Local Government's,. previous sanction. PAGE 81 PARAS. 1g--30] Myothugyis AND TEN-HOUSE gaungs. 8Il 25. Until a myothugyiship is abolished under the preceding orders, myoth,,gyis dating their office from Burmese times who by custom have received the whole or part of the commission on revenue collections shall continue to do so, and the Commis sioner has authority to give a similar privilege to a myothugyz" appointed by our officers, and it ;s advisable to do so where _the myoth11gyi was appointed for !!ipecially good services, or where his contro1 over subordinate headmen has been a real help to the administration. In such cases the Commissioner is to use his discretion in apportioning the commission. 26. When a myo is split up, it should be divided into village-tracts of suitable size, each providing sufficient remuneration for a headman. To these revised village-tracts a selection of the non-commission drawing headman of the old myo should be appointed. An election by the villagers concerned is not necessary as the persons in question may be regarded as already headmen. The balance of the non commission drawing headmen should have their appointment orders withdrawn and should revert to the position of ywagaungs. 27. Village committees should be elected in the villages comprising a myo. Miscellaneous rulings concernng the ajpointment of Headmen. 28. An arrangement made by a Deputy Commissioner under which a retired headman was granted a pension chargeable on the income of the office was considered inadmissible and was not upheld by the Locdl Government. 29. The dismissal of a headman does not necessarily disqualify other members of his family from holding office, nor should it be considered an absolute disqualification except in cases which inevitably involve the disgrace of the family or where the family is itself implicated in the offence. Appointment of Rural Policemen z"n Lower Burma~ 30. The system under which villages are divided into blocks of about ten houses, each under .:t ten-house ga11ng, who is subordinate to the headman, is an old institution in Lower' Burma, is well understood by the people, and steps have bt!en PAGE 82 S:2 PART rll.-EXECUTIVE ORDERS. [CHAPS. 11-111. taken to graft it on to the system of village administration laid down in the Act by the appointment of ten-house faungs to be rural policemen. Ten-house gaungs should be appointed in villages, whether in charge of paid or unpaid headman, and will, for their blocks, exercise the powers and perform the duties of rural policemen under the Act. 31. Ten-house gaungs are appointed by the Deputy Commissioner or by a Subdivisional Officer or Township Officer empowered by the Deputy Commissioner in this behalf [section 5 (3) of the. Act] and are granted orders of appointment in f Miscellaneous orm V'l â€¢ II ages 15 Appointment of Ywagaungs in Upper Burma. 32. If a headman holds charge of more than one village, he may appoint for each village a person to be his agent. The person so appointed shall be designated ywagaunf, and the term ywaga11ng_ shall be applied only to persons who have been duly appomted to be ywagaungs under this paragraph. 33. The ywa~aung shall be appointed by the headman subject to the approval of the Deputy Commissioner, which shall not be withheld unless the nominee is a bad character or otherwise disqualified for the performance of the duties of his post. . 3 f. The ywa~aung cannot be invested with the powers of a headman under the AGt. He is bound under section 11 to perform certain public duties and to assist the headman in the execution of his public duties. 35. One selected ten-house gaung and in Upper Burma the ywagawng are exempted from capitation-tax and thathameda respectively. CHAPTER III. STATUS AND PRIVILEGES OF HEADMEN 36. It should he clearly understood that the. new Act does not detract in any way from the existing status and privileges of headmen. Indeed the fact that the headman is now 1 generally the choice of the majority of the villagers should strengthen his. hands against those who break the law or fail in their duties. PAGE 83 FARAS. 31-41] TEN-HOUSE gaungs, Ywagaungs AND 83 STATUS AND PRIVILEGES OF HEADMEN. 37. The headman shall reside within the local limits of his jurisdiction and he is personally responsible to Government for the duties imposed on him by the Act. The village committee shall assist him. It does not lessen his responsibility. While for sufficient grounds the Deputy Commissioner may cause any member of the committee to resign, he shall open proceedings against L he headman alone for any failure to perform ,the duties laid down in sections 7 and 8 of the Act. 38. Government from time to time has pointed out that the headman :should Hot be regarded as an inferior link in the official chain ; that he should not be at the beck and call of subordi ,nate officials ; and that he should not be summoned beyond the .limits of his village-tract except in unavoidable circumtances. These well-known orders are again emphasized. rhe .head-man remains the basis of the administration. It should be the -Object of aH district officers to increase his dignity in the eyes -of the local inhabitants. Any tendency among subordinates to deal with the headman in an off-hand manner should be suppressed. Towns hip Officers should be made to understand that they have not power to pa3s orders in matter.s within the sphere ,of the headman. If they find that a headman abuses his powers or neglects his duties, they should report the matter to the Subdiv1sional Officer. But they should not interfere unnecessarily with headmen or usurp to themselves the powers .and functions which have been vested in headmen by the . .legislature. 39. Officers should note that though the headman is now as a rule the elected-nominee of the villagers, he can only be fined, -removed or dismissed by the Deputy Commissioner. His electors have no power to terminate his appointment, which is for life, though any specific complaint which they may make should receive full consideration. Headmen should be admonished and instructed rather than peremptorily fined for petty delinquencies, and should not be deprived of their appointments ,except as a last resort and for strong reasons. 40. Every headman is entitled to carry a silver mounted dalwe and every myoth,1gyi or headman declared by the Deputy Commissioner of the District to occupy a position similar to that of a myothugyi' is entitled to carry a gilt-mounted dalwe. 41. Headmen should be liberally rewarded for any good 'Work done by them. PAGE 84 PART 111.-EXECUTIVE ORDERS. [CHAP. II~ 42. Except where the whole or a part of the commission isdraw11 by a taz'kth"gyi in Lower Burma or is assigned to a myothufyi in Upper Burma as provided in paragraph 25 the headman during his tenure of office shall receive the commission on the revenue collected by him according to such rate as, the Financial Commissioner, with the sanction of the Local Government, may from time to time direct, and shall hold and enjoy the land, if any, assigned for the support of the office. 43. Rules relating to the allotment of revenue-free land (thug_yisa) to headmen are contained in Land Revenue Directions 42-61 A. Education of Sons and Heirs of Headmen*. 44. In all Government, Municipal and Aided schools the eldest sons or other male heirs of headmen who are too poor to pay the necessary fees themselves may be granted free education at the expense of the Government. Tile concession of free education is limited to the eldest son or other male heir of the headman and is not admissible to the younger sons. J\s a condition of the grant of the concession, the headman must be too poor to pay for the education of his heir himself. 45. It is only in very rare cases that it is in the interest of Government that a future headman should receive an English education. The aim should be to furnish a good vernacular education. Exceptional cases may ari~e in which a. free Anglo-Vernacular education might be granted. For example, if an influential headman of a large village-tract, who would ordinarily give his heir an Anglo-Vernacular education is unable to do so for special reasons ; if the village-tract is a trading centre or otherwise so constituted as to render an AngloVernacular education useful to the headman in the discharge of his duties ; or if such an education would be of advantage to the headman in his ordinary occupation. The concession of free Anglo-Vernacular education may be sanctioned by the Deputy Commissioner after due consideration. When it is proposed to admit a boy to a Government Anglo-Vernacular School, final orders of admission will be passed by the Director of Public Instruction, who should be addressed on the subject by the Deputy Commissioner. , ' * Includes taikrhugyis and myothugyis, 'Iii de letter No: 374-14E -20, Part II. dated the 13th July 1920, from thi: Secretary to Government to the address of the: Commissionerâ€¢ Pegu Division. PAGE 85 PARAS. 42-50] STATUS. AND PRIVILEGES OF HEADMEN. 85 46. Save in exceptional circumstances and with the sane~ tion of the Deputy Cdmmissiorrer, the concession of free education should be limited to the provision of Vernacular education up to the Seventh Standard. In every case in which it is proposed to grant free education under this scheme at a Municipal or Aided Anglo-Vernacular School, or a Government or Aided Vernacular School, the Deputy Commissioner should make arrangement!;, for the admission of the boy in consulta tion with the Inspector of Schools in whose charge the school. is situated. 47. It is only in comparatively rare cases that it will be necessary to send a head rnan's son to a.. distant Vernacular school, and it is undesirable that this should be done if it can be avoided. Vernacular schools which take in boarders are situated for the most part in the larger towns, and it is not desirable that future headmen should acquire the habits and tastes of townsmen. lt should be the object of Government on the contrary to encourage them to keep in touch with the people of the village over whom they will eventually be called upon to rule. There are cases, however, where a sound Vernacular education can only be obtained by sending the lad to a distant school. In such cases, free board anci books should be given by Government but, save in very exceptional circumstances, pocket money should' not be given in addition. These additional concessions, like free education at an Anglo-Vernacular School, may be sanetioned by the Deputy Commissioner. 48. Under Article 1006 of the Civil Account Code, expenditure incurred on free education should be -debited to the Educational Budget. 49. Cadets of headmen's families may, at the Deputy Commi::;sioner's discretion, be exempted from the payment of: fees at Government Survey Schools * Procedure for the grant ef leave to Headmen. 50. A headman may absent himself from his village-tract on his private business for a period not exceeding seven days on his own responsibil:ty. He should leave a ten-house gaâ€¢ing or other suit_able person in general charge of the village-tract â€¢ See Government of India letter No, uo5~232-2., dated the 16th July 1895. PAGE 86 . PART III.-EXECUTIVE ORDERS. [CHAPS. III-IV â€¢ . during his absence, but it should be understood that this sub stitute has no legal powers and cannot be held legally respon sible in the same way as a headman. 51. Leave of absence for more than 'seven days and not exceeding one month may be granted by the Township Officer who will arrange for the general charge of the village-tract .during the headman's absence. 52. If the absence is to exceed one month the orders of Deputy Commissioner should be taken as to whether an election -should be held for the appointment of a temporary headman. 53. Ordinarily, except when a tern porary substitute is for mally appointed, a headman shall not be absent from his village-tract during a revenue-collecting season unless his ,revenue has been collected and paid in fully. C I-I APTER IV. DufIES OF HEADMEN, VILLAGE COMMITTEES AND VILLAGERS. )/ns_tr1iction of Headmen and members of Village Committees z"n their du,ties. 54. It is the duty of Deputy Commissioners, Subdivisiona] , Officers and Township Officers to explain clearly to headmen aud members of the village committees the meaning of the .Act, the nature and extent of their powe-rs, and the manner in --which the provisions of the law should be worked. If Deputy -Commissioners and their subordinates are, as they should be, . constantly on tour in their charges and if they make a ,point of becoming personally acquainted with the headmen and members of Village Committees and assisting them in their work, there need be no difficulty in making them thoroughly _.acquainted with the Village Act. Headma,i's Manual. 55. Copies of the Headman's Manual in Burmese will be ,distributed to all headmen. Inspecting Officers should make a point of seeing that every headman has a copy of. the Manual .and of the books, etc. (so far as may be necessary), enumerated Jin the last section of that Manual. ' PAGE 87 PARAS. 51-60] STATUS AND PRIVILEGES OF HEADMEN 87_" AND DUTIES OF HEADMEN, VILLAGE COMMITTEES AND VILLAGERS. Duties of Headmen and Villagers under Sections 8 and 11 of the Act. 56. The following rules lay down the nature and extent of, the services which villagers can be called upon to perform under the Village Act and indicate which of these services should be paid for and which should be performed without payment. 57. The principal provisions of the law on the subject are contained in sections 8 and 1 1 bf the Act. The former section lavs down the duties of the headman, while under the latter section every person residing in a village-tract is bound, on the requisition of the headman or of a rural policeman, to as~ist him in the execution of his public duties and is also required to perform certain specified duties without requisition. Except in regard to the furnishing of guides, supplies and carriage [section 8 ( L) (g')] the Act says nothing of payment, and' it would appear therefore that as the law stands the headman can be required to perform all the duties enumeratey in section 8 without remuneration, and that the villagers are bound to assist him, equally without payment, to perform all these duties, with' the exception of furnishing guides, supplies and carriage. 58. While, however, it appears that these services can in case of necessity be demanded without remuneration, it is clec:r that in ordinary cases many of them ought to be paid for. This is indeed the ordinary practice. The general principle is that where viliagers are required to perform any service for their own benefit or for that of the community at large the service need not be paid for, but that where the service is not for thei):' own advantage it should be remunerated. This principle is approved by Government in a general way anrl so long as the services demanded are not of a very onerous nature. But the rule must be subject to exceptions, and more especially in cases where the services involve considerable labour or an absence of two or three days from home. Jn such cases it is not reasonable to expect that the services should ordinarily be rendered free of payment. 59. Subject to these general remarks, it will be convenient to discuss briefly in the order in which they are set out in section 8 of the Act the various kin PAGE 88 . PART III.-EXECUTIVE ORDERS. [CHAP. IV~ to the search for such property as is' concerned with cases specified in 7(c) of tne Act. He has no power to search the .houses of suspects in cases which do not come within that section. Headmen appointed to exercise the powers of police officers have power to arrest perso11s committing an offence under section 5 of the * Gambling Act, which is a cognisable offence for which a police officer can arrest without warrant. In the performance of these duties the villagers are bound to assist him without payment. Remuneration if given at all should take the form of reward for specially good service rather than of payment for services performed at the call of public duty. 6I. By clause (j) the headman is bound "to take such measures for the purpose of protecting the villages within his tract from unlawful attack as the Deputy Commissioner may advise." The genesis of this new clause will be explained in the following extract from the Report of. the Crime Enquiry Committee, 1923" The question of village defence is one on which we have :heard a large amount of evidence, and we agree with the great majority of witnesses in thinking that the existing arrangement, however excellent in theory, are in fact ineffective. [n the first place we think that the compulsory fencing of villages is :generally not worth the trouble which the proper upkeep of the fences imposes on the villagers ; nor as a rule ,is the posting of kins of any practical value in regard to the prevention of crime, as it is impossible to expect men to be alert all night .after a day's work and with another day's work before them. We are of opinion therefore that both fencing and the posting of kins should be left entirely to the option of the inhabitants of each village. We agree, however, with the majority of witnesses with whom this matter of village defence was discussed in thinking that some form of village organization should exist in each village, the scheme of defence in each case being worked out with due regard to the size, shape and situation of the village. The main idea would be that trustworthy indivi duals in every village should have specific duties to perform. Such schemes could, we think, be worked out ,by villagecommittees with the assistance and advice of officials; and in order to keep up interest, comrnittees should be encouraged to hold periodical practices. '' 62. It was to give effect to these new principles of village protection that section 8 (/) was drafted. In order to put this new policy into practice, the following procedure should be . observed :-* Burma C~de, Vol. 11, page 353. PAGE 89 1PARAS. 61-64] DUTIES oF HEADMEN AND VILLAGERS. 89 Deputy Commissioners should on this subject invite headmen to consult their village committees and those persons of property and standing resident wichin the tract with a view to the formulation of concrete proposals, if such are considered necessary by the villagers, for the clef ence of the village. It will probably be found that headmen will require the assistance of Township Officers to enable them to prep:ue village defence -schemes. This' assistance should be freely given. When the Township Offic~r has submitted to the Deputy Commissioner a consolidated report indicating those villages in his township the headmen of which with the concurrence of those most interested in the safeguarding of their property have formulated schemes of village defence, the Deputy Commissioner should be able in most cas~s to approve of the schemes z"n bloc or with such modifications as the villa~ers mav be willincr to accept. It may, h,wever, be found in certain notdrio~sly criminal areas, where life and property are endangered, that it will be in the public interest for the Deputy Commissioner to advise villagers to take special measures for defence in addition to those which they themselves have proposed. In givinO' such advice, which under section 8 the headman is hound t~ accept, the Deputy Commissioner should be careful not to violate the spirit of the amending Act by resorting to this -course more frequently than necessity demands. 1 63. As clause (f) of Section 8 now stands, it is not permissible for a touring official to demand as of right from the headman either guides, provisions or transport, except in those viliages which have been listed by the Deputy Commis-1 sioner as being so situated that services of the kind are not easily available. All Deputy Commissioners should compile such a list, copies of which shouU be supplied to the district touring officers. In a.II other villages the touring officer will have to make his own arrangements for food, guides and transport. Orders 64 to 68 which follow, apply only to notified villages and to the case of troops and police. 64. In such notified villages there may be difficulty or impossibility in making payment for supplies of water, firewood .and grass for a single day in such a way that the payment shall reach the persons who provide the articles. The practice is for a crowd of women and children to bring these articles for the use of the officer, and, if payment is made, the money, it is said, finds a resting place in the headman's pocket. It is clear ;that (away from regular halting places and main routes} the PAGE 90 90 PART 111.-EXECUTIVE ORDERS. [CHAP. IVoi provision of these articles is a very slight burden, and that it is impossible to divide the payment among the women and children who bring the supplies. 65. It has been decided, however, after due consideration, that it is desirable that payment should be made by officers for these supplies either to the headman or his agent (e.g., the cooly gaung where there is one), and that the headman should be left to settle with the women and children. In many villages there are village funds to which the marriage fees and other miscellaneous receipts are credited and from which expendirure on festivals is defrayed. The money paid for water, firewood and grass could be credited to these funds. Another suitable method .would be for the headman to keep an accountbook in which he would enter supplies of water, firewood and grass, furnished to an officer and present it to the officer for payment and signature. The villagers would furnish the supplies in the manne'i-most convenient to themselves and the headman would: keep the money received from the officers and either divide it when a considerable sum had been collected or in Upper Burma he might pay it into the thathameda collection of his village reducing the demand upon the aS'sessees by that amount. Officers checking the assessment rolls could see whether this system was honestly carried out. Any of these plans or any other suitable system may be adopted, but officers must understand that they have no right to free firewood, grass and water. 66. All supplies which it costs money or labour to procure and all carriage should be paid for at full rates, and where the number of carts required is large, special care should be taken, and arrangements made to render the duty of providing them as little irksome as possible and to apportion it as equally and fairly as possible among the people affected. The provisioa of carts for the Police, Public W arks, the Military and other departments, is believed to be one of the duties which fa]l most hardly upon the people. Commissioners are expected to see that the. rates of hire are fixed at a remunerative scale ; in districts where the requisitions are numerous Deputy Commissioners should give their personal attention to the arrangement of a roster, whereby the burden may be distributed as widely and as fairly as possible; and offic~rs of all depart~ ments should keep their requirements within the narrowest limits and call for no more carts or coolies than are absolutely necessary. PAGE 91 PARAS. 65-:::-71] DUTIES OF HEADMEN AND VILLAGERS. 91 67 7 It has been found necessary especially to regulate requisitions by officers for Lhe hire of ponies as some officials were in the habit of hiring ponies through headmen to do long marches when either they ought to have had ponies of their own or th~y ought not to have ridden at all. This practice discourages viilagers from keeping and breeding ponies. The remedy appears to lie in fixing a rate for the hire of ponies that shall be prnctically prohibitive, and it has accordingly been laid down that one rupee a daing or eight annas a mile shall be paid for the hire of each pony requisitioned. 68 A f f . F Miscellaneous . orm o receipt ( arm Villages 11 for the use of headmen who furnish supplies to officers on tour, has been included in the Guard-Book. 69. Clauses (i) to (k) require the headman to collect the revenue, to register vital1 statistics if so ordered and to take various measures necessary for the health a11d safety of the communit~ In n:iatters of thi~ kin9 the.headman may pro perly require the villagers to assist him without remuneration, but care must be taken that he does not abuse his powers or needlessly harass the people. 70. Clause (/) requires the headman to supply informa tion and clause ( n) " generally to assist all officers of the Government in the execution of their public duties." This last clause is widely worded and must be worked with discretion. The clause does not cover requisitions for coolies to carry out forest and other departmental work. Services obtained under clause (n) _legitimately for what are in ~act private purposes, e.g., repa!nng the roof of a sayat or clea~mg a camping ground or carrymg . letter ( except from village to village in accordance with the custom of the country), should be paid, for. 71. Deputy Commissioners should bear in mind that the wide powers conferred upon them and upon Township officers and headmen by the Village Act should be exercised with judgment and consideration; and that the people of Burma, and especially of Upper Burma, are apt to ,submit without much complaint to annoyances and extortions whi~h ~re in r~ality very burdensome; they should remember that 1t 1s their duty to protect the p::ople from suC'h treatment, and to see that subordinate officials are kept in check and are not allowed to abuse their position and power to the harassment and annoyance ofthe residents in the tracts committed to their charge. 7 PAGE 92 PART 111.-E~ECUTIVE ORDERS., L CHAP. IV. Prevention and Su/pressi'on of Cholera.* 72. ( 1) The attention of District Officers is drawn to the heavy toll of life taken by the yearly visitation of cholera which few districts of the province escape. The recor~ed statistics, which doubtless represent only a portion of the actual mor tality, show that the loss of life from cholera is far greater than that from plague, while owing to the rapidity with which it overruns a district, an outbreak of cholera is harder to check than one of plague. Yet the causes of a cholera epidemic are not obscure. In nearly every case in which such an epidemic has been traced to its source, it has been found that it has had its origin in a polluted water-supply and its spread has been. facilitated by failure to report promptly the first cases. 73. In village-tracts which are dependent on wells for their water-3upply, the wells act as distributing agents in spreading the disease in a variety of ways. The ground round the well i~ polluted with infected matter which percolates into the water, or the water is directly infected by buckets from infected houses being used; quite frequently persons who have contracted the diseasl=! apd, their clothing are washed in close proximity to the wells. Much could be done to remedy this state of affairs if Rule 10 of the rules under section 29, sub-section ~1), clause r.d), of the A.et published in General Department Notification No. 451, dated the 9th December 1908 page 42),lwere strictly enforced and separate wells set aoart for drinking purposes, parapets constructed round such w'ells, and bathing or the washing of clothes and pollution of the soil generally within 20 yards of the wells prohibited. Where a village-tract is qependent on taQks for its supply, the rule makes similar provision for the setting apart of special tanks for drinking purposes, and tb~ protection of such tanks from pollution. It is the duty of all officers to see tha~ the rules for the protection of the water supply are properly enforced. They are far from drastic, and in village-tracts where the headman is intelligent and has authority, it should be possible to supplement them by requiring, e g., that where a wdl has been set apart for drinking purposes, a bucket shall be provided which shall bf' exclusively used for drawing water from the well, and no one allowed to draw water with their own buckets. Where a village-tract gets its water from a river it is equally possible to prevent pollution of the foreshore, while, in the event of an outbrtak of cholera, the danger of "' General DepartmenLc;ircqlar No,. 16 of 1909. . . PAGE 93 PARAS. 72-76] DUTIES OF HEADMEN AND VILLAGERS. 93 infection can ae lessened by having wells dug on the foreshore, if that is feasible, a1id keeping them properly guarded or by arranging that water shall only be dra\\'n from mid-channel where the current is S\\iitest. 7 4 As regards the reporting of outbreaks, it is necessary that in season and out of season it should be impressed on headmen ho1V essential it is that the first case of cholera should be promptly reported, as required by the rules, in order that measures may be taken to check the spread of the disease. Government is well aware of the difficulty of securing the co-operation of the people in this matter. Wh~n a man dies of cholera, his relatives are tempted to conceal the real cause of death from a desire not to forego the funeral ceremonies to which relatil'es and friends are invited. The company gathers in the infected house, and, on dispersing, spreads the infection far and wide. When this happens, steps should be taken to ensure that those responsible fo:the concealment of the cause of death are severely punished. In this matter also in_te1lig~nt headmen who have authority can do much to prevent concealment, if they can be won over to a belief in the efficacy o~ prompt measures dependent on prompt reporting of the first cases. 75. The danger of an outbreak of cholera can to some extent be lessened if due attention is paid to the enforcement of the rules which require latri11es or cess-pits to be kept in & s~nitary condition, and streets a11<;l lanes to be !{ept clean ancl free from weeds. When the disease has once broken out, its virulence can be checked by such measures as the clqsing of infected wells, the protection of other wells by permangan"ate of potash, the distribution of cholera p-ills, the disinfection of infected houses and house-sites, the burniqg of inf ecteq clothing and bedding, an~, last but not least, by evacuation. Plague has in many cases been stamped out of districts by prompt evacuation, and it is desirable that evacuation should be freely resorted to in cholera epidemics. 76. The prevention and suppression of disease and the consequent saving of human life are not the least important dties of a District Officer. All officers should give a due share of their personal attention to the improvement of sanitation in their charges, to the enforc.ement of the few simple ndes which have been passed for that purpose, and to the carrying oht of the preventive and remedial measures which have been briefly indicated above. Such personal attentior:i is particularly necessary in persuading the inhabitants of PAGE 94 94 PART 111.-EXECUTIVE ORDERS. [ CHAP. IV. a village or district to agree to anti-cholera inoculation, by which preventive measure a large degree of protection against cholera infection can be obtained during epidemics. A supply of cards containing simple instructions (7Jide Appendix VII) translated into Burmese or other local dialect can be obtained from the office of the Director of t-ublic Health, Burma, for free distribution in the affected area, so that the inhabitants may be educated to safeguard their own articles of food and drink, and to take other necessary sanitary mearnres. Rr,gistrat{on of Bfrths and Deaths.* 77. The following instructions for the colleccion and record of vital statistics are laid down with reference to the rulest framed under section 29 i 1) (d) of the Act. 78. For the registration of births and deaths in each district, the headman of each village-tract shall be supplied with birth and death registers of fifty leaves in Forms H and I and bifoil books in Forms C and D. f<~ach register and book will contain I oo pages, and the pages will be numbered from 1 to I oo in the Press. 79. The station-writer of a police-station to which the Deputy Commissioner has directed that the foils shall be sent shall send once a month to the Township Officer all the birth and death foils received from headmen of villagetracts in accordance with the requirements of Rule 7 of the Rules in this department Notification No. 101 t dated the 1 1 th February 1925. The Township Office Head Clerk shall check, sign and return the list. So. In each police-station to which the Deputy Commissioner has directed that the foils shall be sent there shall be maintained a list of village-tracts from which birth and death foils will be received monthly, quarterly or half-yearly. 8I. On receipt of the foils from the village headman and from all the police-stations to which the Deputy Commissioner has directed that the foils shall be sent in his township, the Township Officer shall forthwith prepare returns in Farms A and B separately for each English month of the * Se, Department of Public Health Notification No. u, dated the nth February 1925 as amended by Department of Public Health Notification No. 123 (corrig.), dated the 16th December 1925. t Se. Rules published in Department of Public Health Notification No. 10, dated the I Ith February 1925, page 39, ante. t Page 39, ante. PAGE 95 PARAS. 77-84] DUTIES OF HEADMEN AND VILLAGERS. 95 preceding quarter, and i:1 these returns the information for each village-tract shall be shown separately, the village-tracts being grouped according to the police-station jurisdictions. The returns, together with the foils arranged by village-tracts, spould be despatched to the Civil Surgeon not later than the 20th of the month succeeding the quarter to which the foils relate. . Example-On receipt of the foils for December sent by' police-stations on or before the 7th January the Township Officer should prepare his return's for October, November and December separately and should ciespatch thf!m to the Civil Surgeon not later than the 20th January. 82 The Township Officer shall also prepare returns for distant village-tracts for January to June in Forms A and B (a separate return for each month) in the month of July and send them to the Civil Surgeon on or before the 20th of that month. Similarly he shall prepare and forward returns for these distant tracts for July to December on or before the 20th January 83. In preparing his returns, the Township Officer should not include events which occurred in the current month. These foils should be sor.ted out and retained for inclusion in the next return. Example-Among the foils sent by police-stations on or before the 7th January there may be some relating to events which occurred in January. These should not be included in the December returns, which are due for despatch not later than the 20th ] anuary, but should be sorted out and retained for inclusion m the January returns, which will be due for despatch to the Civil Surgeon not later than the 20th April. If among the foils sent on or before the 7th January are found some relating to events which occurred in September, or earlier months, but which through neglect on the part of the headmen or the Police or any other reason, were not sent in good time, they must be included in the December returns, which are despat-:hed to the Civil Surgeon not later than 20th January. 84, On receipt of all the Township returns a complete return for the whole district shall be prepared by the Civil Surgeon in Farms A and B and shall be forwarded through the Deputy Commissioner to the Director of Public Health, Burma, together with a note on any abnormal variations detected. In these returns the information for each rural police circle shall be shown separately. The returns shall be PAGE 96 96 PART 111.-EXECUTIVE ORDERS. [ CHAP. IV7 : despatched not later than one month and fifteen days after the close of the quarter concerned. The " I<. ural Police Circle'' for the purpose of Forrr s A and B is the area under the jurisdiction of a police-station excluding Municipal Towns and Notified Areas. 85. The Suodivisional Officer and the Township Officer, within their respective jurisdictions,. shall be responsible that births and deaths are duly registered. On visiting any village, tract they shall examine the headmen's registers and test the accuracy of the record by local enquiry, if nece~sary. They shall each record in the registers the date of every examination made under this rule. 86. Medical Officers, Public Health Inspectors and Inspectors of Vaccination, shail examine the headman's registers in the village-tracts which they visit and shall test the accuracy of the record by local enquiry. They shall record in the registers the date of e,ery examination, and shall hring to the notice of the Township Officer any defects or discrepancies the} may discover. 87. The foils collected frorr: headmen and the returns submitted by the Township Officers shall be kept in the office of the Civil Surgeon for five years, and shall then be destroyed. The registers of births and deaths in Forms H and I when completely filled shall be kept by the headman for one year after which they shall be sent to the Township Officer for transmission to the Districc Record Room for preservation for twenty years from the date of completion. Nflte.-Form A Public Health, Guard Book Form No, 18S Form B Do, Do, No. ~gS Form C Do, Do. No, 20S Form D Do, Do. :'Jo. 21S Form H Do. Do. No. zoS (b) Form I Do. Do. No. z tS (b) Registratz"on of Deaths of Cattle.* 88. The following instructionst for the collection and record of statistics of cattle deaths are laid down with reference to the rules+ made under section 291 sub-section (I), clause (d) of the Act. "Agricultural (Veterinary) Department Notification No. 81 dated the 4th September 1925. t The Bombay-Burma Tr;irling Corporati"n, Limited, Rangoon, has been exempted from the provisions of the said rule<; in resp~ct of elephants, (Vi'de Agricultural (Veterinary) Department Notification No. n, dated the 25lh November 1925).) t See Rules published in Agricultural (Veterinary) Department Notification No. 7, dated the 4th September 1925, page 55, PAGE 97 PARAS. 85-95] DUTIES OF HEADMEN AND VILLAGERS. 97 89. For the registration of deaths of cattle in each distri et the headman of each villagP.-tract shall be supplied by the Deputy Commissioner with counterfoil registers. Each register will contain I oo pages and the pages will be numbered from 1 to I oo in the press. 90. The station-writer of a police-station to which the Deputy Commissioner has directed that the foils shall be sent shall send all foils received by the 7th of each English month to the Township L ffice. 91. In each police-station to which the Deputy Commisâ€¢ sioner ha.s directed that the foils shall be sent there shall be maintained a list of village-tracts from which cattle death foils will be received monthly. quarterly or half-yearly. 92. On receipt of the foils from headmen and police-stations in his township, the Township Officer shall forthwith prepare a return in the form prescribed by the Veterinary Adviser for the preceding English month, and in this return the information for each village-tract will be shown separately. The return should be despatched to the Deputv Commissioner not later than the I st of the succeeding month. Example.-On receipt of the foils sent by ~he headmen or police during January the Township Officer should prepare his return for December and should de'>patch it to the Deputy Commissioner not later than the 1st February. 93. In preparing his returns, the Township Officer should not include deaths which occurred in the current month. Some of the foils received will relate to deaths which occurred in the current month. These should be sorted out and kept over for inclusion in the next return. In the case of foils received from villages which are only required to send them in quarterly or half-yearly, the Township Officer should prepare separate returns for the preceding quarter or h.11f-year, as the case may be, when sending in the monthly returns for March, June, September and December. 94. When the returns fn;>m all Township Officers in the District have been received, consolidated return for the inonth (as also for the quarter and half-year when they are due) shall be sent to the Veterinary Adviser to the Government of Burma, as soon as possible. 95. The Subdivisional Officer and the Township Officer, within their respective jurisdictions, shall be responsible that aeaths of cattle are duly registered. On visiting any village tract they shall examine the counterfoil registers and test the PAGE 98 98 PART III.-EXECUTIVE ORDERS. [ CHAP. IV, accuracy of the record by local enquiry, if necessary. They shall each record on the reverse of the last used counterfoil the date of every examination made under this paragraph. 96. All officers of the Civil Veterinary Department shall examine the counterfoil registers in the village-tracts which they visit and shall test the accuracy of the record especially with regard to the cause of death, by local enquiry. They shall record on the reverse of the last used counterfoil the date of every examination, and shall bring to the notice of the 1:ownship Officer any defects or discrepancies they may discover. . 97. The foils received from headmen and police-stations shall be kept in Tow;1ship Offices until the 1st July of the year following that to which they relate and shall then be destroyed. The returns submitted by Township Officers to the Deputy Commissioners shall be destroyed so soon as they have been embodied in the return sent to the Veterinary Adviser to the Government of Burma. Copies of the returns sent to the Veterinary Adviser to the Government of Burma shall be preserved in the c.istrict office for two years and then destroyed. * Duty of Headmen n the m ,tter of Tree-felling on hanks of Streams. 98. The attention of District and Forest Officers is invited to Rule 26t of the rules under the Burma Forest Act, 19:)2 This rule has been made mainly with a view to the protection of fish. Many kinds of fish will not breed in shadeless streams and it is of much importance, in the interests both of the people and of the Government revenue, that streams should not be depleted of fish by the deforestation of their banks. Deputy Commissioners sho..ild give effect to the rule in consultation with Forest Officers. Under the ~ule banks of streams may be protected both for the sake of the fish arid also in cases in which the preservation of timber is important for climatic purposes. It is very important to preserve timber about the head waters of streams. It must be remembered that under the definition of" tree" in the Forest Act the term "tree" includes palms, bamboos, stumps, brushwood and canes. * See f:iore5t Department Circ-,lar No 8 of 1891. t Page 59, Burma Forest Manual, Edition 1923. I PAGE 99 PARAS. 96-rn2] DUTIES OF HEADMEN AND VILLAGERS. 99 99. Under section 34of the Forest Act, Forest Officers in charge of divisions have authority to permit the cutting of timber in areas which have been notified by Deputy Commis sioners under Forest Rule 26. In granting permits in such areas Forest Officers should only permit such cutting of tir.(lber as will thin the forest without affecting the shelter, 100, Many of the areas which will be notified under Rule 26 will be in places where no officers of the forest protective staff are'stationed. It is accordingly necessary that the duty of seeing that the rules are observed should be performed in many parts by headmen. Depnty Commissioners are requested, when notifying areas, to communicate their orders to the headmen having jurisciction within the areas notified, and to require the headmen to see that the prohibition of felling is not infringed and to bring any breaches of it to notice. â€¢ Duties of the Headman and Resi.lents of a village-tract in respect of the R~gulation of Village C omnzon Land. IOI. The attention of Deputy Commissio~ers is invited to the rules under the Lower Burma Land and Revenue Act, 1876, and the Uppel' Burma Land and Revenue Regulation, 1889, for the allotment, management and regulatioc. of village common land. These rules have been made to prevent the misuse of village common land It is the duty of head men to see that the produce is not extracted for sale, and that trespassers from other villages are not permitted to extract forest produce from the village corn mon land. . Deputy Commissioners should instruct headmen to see that the rules are observed and to bring any brearhes thereof to notice. A legal obligation rests on the Committe_e and other residents of the village-tract, to communicate to the headman any informa tion received respecting the corn mission of, or attempt or intention to commit, within the village common land. any of the offences above mentioned and, when so required by the headman, to assist him in the execution of his duties aforesaid. ' 102. Executive Orders 113, 114 and 115 in the old edition of the Burma Village Manual have been omitted, as th,: duties of headmen specified therein are dealt with in eh t X to Xlll of the Lower Hurma He;idman's Manual. ap ers-=-c-=.-....,....,..,,-c---,-----,---~-~ ---~-IX tu XU of the Uppt:r Burma Headman's Manual. * Government of Burma Revenue Depucment Notification No. 25, dated the r~th \farch J.023, and Finaciol ( orr.missinner's Notification No. 34, d11ed the 20th March 1923- PAGE 100 CHAPTER V. COLLECTlVE PUNISHMENT OF VILLAGERS ACCESSORY TO CRIME. lmjositio11 of Fines on Village-tracts. 103. As indicated in the preliminary orders on page 75, Act IV of 1924 has largely modified the conceptiop of the communal responsibility of villagers in respect of criminal offences within their tract. As the law now stands, the residents of a village can only be communally fined in two cases ( 1 ) if they or any of them have fail~d to resist an attack on the village and (2) if they have failed to take all reasonable means to prevent the escape of any criminal. That is to say that they cannot now be fined for harbouring criminals or for suppressing evidence in a criminal case. Nor can they be fined if stolen property is traced to their village. Though the power to fine a whole village in these matters no longer exists under section 11 it is the duty of every villager to give information to the headman regarding the commission of or attempt or intention to commit offences specified in section 7. If he fails to do so, he, as an individual, can be fined by the headman or the village committee under section 12. Every effort should be made to enlist the support of the village committee for measures inttnded for the suppression of crime and police officers, especially should make a point of consult ing these committees and obtaining from them any information they may have to give about criminals in the locality 104. In the two instances included in section 13, 1.e., failure to resist attack and allowing a criminal to escape, the Deputy Commissioner's powers remain as under the old Act. If a village is fined and if it appears that the village committee was implicated, the Deputy Commissioner would be well advised to act under the proviso to section SA, sub-section (3), and to declare that the continuance in office of its members was contrary to the interests of the residents and to order a new election, In more extreme cases, when it appears that no village committee can function owing to the preponderance of the criminal element, the Deputy Commissioner should fall back upon section SA (I) and move the Local Government to exclude by notification that village-tract from the operation of section 5A. Occasional action of this kind will impress on other village committees the importance of their responsi bilities. PAGE 101 PARAS. 103-114] COLLECTIVE PUNISHMENT OF VILLAGERS. 1011 105. In rno~t cases in which fines are imposed under section 13 of the Act compensation should be granted to the owner of the damaged or stolen property, though not necessarily to the full value of the property lost. 106. Fines imposed under section 13 of the Village Act should ordinarily be assessed on individuals in whole rupees. 107. The Deputy Commissioner has power to direct the refund or remission of any fine imposed under section 13 of the Act. But if the amount to be refunded or remitted' exceeds Rs. 500, the previous sanction of the Commissioner is necessary. 108. Deputy Commissioners should make it clear to vil lagers. on opportunities offering, that under no circumstanceswhatever will they be required to refund any sum paid to them under the Village Act as compensation for loss. Even if the property stolen is eventually recovered and restored, the o~nerhas a good title to retain the amount which he has received as compensation, because he has been deprived, for a time, of the use of his p~opert y and has had trouble in tracing it, owing to no fault of his own. Pror,edure i'n enquz'ri'es into the condttct of villagers. IOJ. The procedure to be followed in regard to the fining of village-tracts under section l 3 of the Act is given below. IIO. When it is reported that a village has failed to resist an attack by dacoits or allowed a criminal to escape, the Township Officer should visit the scene and open an inquiry. III. If there appears a prima facie case, the Township Officer should record the number of houses in the village-tract d â€¢ â€¢ , F Miscellaneous I , an estimate its paymg capacity on orm V'll CJ' â€¢ t ts 1 a0es 2 not necessary to make an estimate of the property owned by each individual, as the fine is a collective one and the village Thamadis wi11 be asked lo assess it equitably. II2. The Township Officer shall then call on the headman and village committee to show cause why the tra et should not be fined under section 13 of the Burma Village Act, .. and shall record their plea. I 13. He shall also after enquiry record the names of house holders who should he exempted f rorn any fine on the village tra.ct on account of age, sex, infirmity, absence from the village . tract or the like, and shall record the reasons in each case. II4. When all the inhabitants of a village in the villagetract are exempted it will be sufficient to exempt the village PAGE 102 '102 PART 111.-EXECUTIVE ORDERS. [CHAP. V, by name. The reasons of the exemptions should be given, but the names of house-holders in the village need not be recorded. II5. The Township Officer shall forward these papers through the S~bdivisional Officer, if any, to the Deputy Commissioner, with a general account of the facts of the case, and with a recommendation as to whether the villagers should be finedornot. The report shall be recorded in Form M~~~P.llaneaus . 1 3ges 1 â€¢ 116. If the Township Officer considers that compensation should be given, he should note the fact in the report and the names of the person or persons to whom it should be paid, with the amount he recommends for each and the reasons for his recommendation. II7. Should the Township Officer consider that any one has deserved a reward, he should give an a:::cout~t of the facts and state the amount which he recommends. 118. If there is any delay in the report of a crime by I he villagers to the police or by the pobce to the Township Officer, the latter must report who is to blame and what steps have â€¢ been taken to punish him. 119. This investigation is purely executive; the officer conducting it has not any authority to d.dminister an oath or to examine witnesses on solemn affirmation; the record should not be classed as criminal or entered in any register under the control of the High Court. Procedure after receip: of RPcommendations. 120. If the Deputy Commissioner considers that a fine should not be imposed, he shall record an order to this effect and inform the Subdivisional Officer (if any) for communication to the Township Officer, or the Townsh;p Officer direct if there is not ar.y Subdivisional Officer. I2I. 1f the Deputy Commissioner considers that a fine should be impJsed, he shall prepare his own report in Form Miscellaneous d h II f d h C f ~V'Jt ---an s a orwar 1t to t e omm1ss1oner or 1 ages I , d d , F Miscellaneous orders which are recor e m orm ___,..v=-=1.,....1 --1 ages 3 122. The Deputy Commissioner's application should deal only with fines and compensation which alone can be paid out of the fine. The question of a reward must be dealt with separately, and if the Deputy Commissioner cannot sr1nction it under the rules published in Police Department Notification PAGE 103 PARAS. u5-r28] COLLECTIVE PUNISHMENT OF IOff VILLAGERS. -----------No. 180, dated the 9th July 1924, he should submit a report setting out the facts and the reward he recommends. 123. When the imposition of a fine has been approved the amount of the fine, together with the names of the h~useholders (or villages when villages have been exempted under paragraph 114) who are to be exempted, shall be communicated to the headman, who shall thereupon prepare assessment-lists and levy the fine in the manner in which a Thathameda assessment is levied in Upper Burma. The headman gives a receipt f fi 'd h' , F Miscellanecus or nes pa1 to 1m m arm Villages 18 124. For the guidance of officers in Lower Burma the rules for the levy and as:-essment of the Thatlzameda-tax are repro-d d * L\ d' I I [ F Miscellaneous . h f uce as , ppen 1x . orrn Villages 4 1s t e report o the levy of a fine. It is intenced to check the prompt realization of fines and payment of compensation. 125. Compensation shall always be paid by an officer not inf~rior in rank to a Township Officer, who shall C( rtify on the receipt that it was paid in his presence. The receipt shall be in duplicate. A copy shall be filed with the record and the original shall be sent to the treasury as a voucher for the payment. 126. The amount collected as a fine shall be .credited in full in the treasury to the head "XXXV-MiscellaneousOther Fees, Fines and Forfeitures-(a) Fines, etc., levied under the Burma Village Act'' and the amount disbursed as compensation shown as a separate payment in the accounts. Ruling-s regardz'ng the hnposition of Fines on Village-tracts. 127: In the case of a fine imposed under section 13 of the Act, for specific failure to take reasonable means to prevent the escape of criminals, it is clearly inequitable to impose a fine on persons other than those actually guilty of the omission rendered punishable by that section. Persons absent from the village-tract on the occasio:1 in q:_iestion, women and persons incapacitated by age, sickness or infirmity from taking any part in preventing the escape of the criminals, should not be fined. This ruling applies also to cases of failure to resist attack. 128. It is not necessary that the Deputy Com'11issione r should hold an enquiry in person before imposing a fine under * Page I 35, post, PAGE 104 J04 PART 111.-EXECUTIVE ORDERS. [ CHA'PS. V AND VI, section 13 of the Act. A hne may be imposed after er1qutry by a responsible subordinate. 129. There is nothing to prevent a Commissioner from sanctioning a larger fine than that imposed by a Deputy Commissioner. On receipt of an onler to this effect it is the duty of the Deputy Commissioner to pass a formal order imposing the fine sanctioned by the Commissioner. There is nothing to prevent the Deputy Commissioner from stating to the Commissioner ay reasons that there may, in his opinion, be for not enhancing the fine, but the Deputy Commissioner must impose the fine which the Commissioner finally sanctions. 130. Postal officials should not be rt quired to join the villagers in arresting criminals in cases in which the post office ,is not concerned, nor should they be punished for failure to do sp. A Postmaster is hardly on the same footing as the Ordinary villagers. He is generally a stranger, only temporarily resident in the village-tract and his fir~t duty is to look after his office. Payment of Comnzisson for the collect1'on of Fines inflt',:ted under the Act. 131. Commission shpuld be paid tcJ headmen for collecting fines inflicted upon village-tracts qnder the Act at the same ,ra.te as that paid on the collection of land revenue. If the headman has the trouble and r sponsibility of collecting the fine and taking the money to Treasury or Sub-treasury, he -should draw the usual commission. The fact that the headman rnay be among the .villagers fined is not a reason for depriving him of remuneration for a specific service, and there appears to be no serious danger of a headman procuring the infliction of a fine on his village-tract in order to obtain the corn mission on its collection. These orders apply also to the payment of commission to a headman who collects charges on account of punitive police ,imposed on his village-tract. CHAPTER VI. PROVISIO:--;s RESPECTING RESIDENCE IN VILLAGETRACTS AND ERECTION OF HOUSES. Duties of Headmen in respect of criminals under surveillance and s11picious strangers. 1;32. ( 1) Whenever a history sheet criminal takes up his reside::ice in a village-tract, the officer in charge of the police . station concerned will communicate full particulars about him PAGE 105 PARAS. 129---133] COLLECTIVE PUNISHMENT OF VILLAGERS AND RESIDENCE IN VILLAGE-TRACTS. 105 to the headman of the villag~-tract in which the person resides. Whenever such person leaves his home it is the duty of the headman of the village-tract concerned to send information to the officer in charge of the police-station, within the jurisdiction of which the tract is situated, as to the departure of such person and his alleged destination, if known. (2) 1f the headman of any village-tract hears of the advent of a suspicious stranger in his tract, it is the headman's duty to question the person regarding his antecedents and residence and to communicate all the information so obtained to the officer in charge of the police-station, within the jurisdiction of which the tract is situated. (3) All headmen should be instructed in accordance with the above rules, and the Juries imposed on them should be c;:learly stated to them. Headmen are not required to leave their village-tracts in order to give information regarding persons under surveillance and suspicious strangers. Removal of isolated Huts and Hamlets to recognised Viltages. 133. Sub-section ( 1) of section 18 prohibits the establishment of new groups ot houses as hamlets or villages without the Deputy Commissioner's permission. Sub-section (2) of the same section makes an exception in favour of what are known as field-huts. It has hitherto been the policy of Government to discourage persons from living outside villages all the year round. This policy may, however, be relaxed where the Deputy Commissioner is satisfied that the interests of good cultivation will be served by allowing a cultivator who has long worked the same holding in the same area to build a permanent house in his holding, and that there is no particular reason to fear that such house will become the objective of or be used as a harbourage for criminals. Further in a r~sidential area in a suburb of a large town it may be impossible to order the removal of all isolated dwelling houses, and small settlements in connection with rubber estates and such like musl occasio11ally be permitted ; and in a district, such as Sandoway, where small patches of cultivation are. scattered amongst hills and swamps, and where cattle-thefts and other serious offences are comparatively infrequent, the 'concen tration of houses need not be insisted on unless occasion arises. At the same time section 18 gives the Deputy Commissioner ,complete control in the matter, and deliberate breaches of PAGE 106 106 PART 111.-EXECUTIVE ORDERS. [CHAP. VII~ the section should not be tolerated. Where, however, houses have been erected outside a village in good faith and ignorance of the law or when they h:;1.ve been in existence for a long time without any objection being raised by the local officers, their removal should not ordinarily be insisted on merely because they have been erected without permission. CHAPTER VII. MISCELLANEOUS ORDERS. Alterations of Vt"l/a!fe-tnict hmits. 134. Every change in the boundaries of a village-tract is an unquestioned evil. In the matter of village amalgamations the Local Government is committed to the changes in village boundaries which that policy entails. But as soon as viilage-tracts have been so amalgamated that every village headman receives an adequate remuneration, no further modification of boundaries is contemplated. The ideal at which the Local Government is aiming consists of an immutable boundary for each village-tract. It cannot be too strongly emphasized that any re-arrangement of village areas, other than that of amalgamation in the natural course, is strongly to be deprecated. The hypothetical or temporary convenience, which such a re-shufHing might be supposed to give to the local administration, would be far offset by the feeling of uncertainty engendered in the minds of headmen and the chaos that would follow in regard to local place-names, There is a case recorded of a village-tract, the boundaries of which had been constantly tampered with, that was known by four different names in the General, Revenue, Land Records and Police Offices respectively. In this connection the attention of District Officers is drawn to Reform's Office letter, No. 11G22 of 11th February 1922, It is important when an amalgamation takes place that the name of one of the two tracts be rdained for the combined tract. Prz"nciples to be followid z"n .ftxz'ng the J urz"sdiction of Headmen for Revenue purpuses. 135. The local limits of the jurisdiction of a headman for revenue purposes must in all cases coincide with the local limits of his jurisdiction under the Village Act. In other words the whole of the district, except absolutely uninhabited PAGE 107 PARAS. 134-138] MISCELLANEOUS ORDERS. tracts like reserved forests, must be divided into village-tracts . .i.n each such jurisdiction there must be a headman who at present exercises for that jurisdiction the functions of a head man under the Village Act, and who either at present colle~ts the!revenue in it or will tJt:reafter do so when the new systtm of revenue coll1:::ct10n has been fully introduced. 136. Forest reserves are ordinarily excluded from villagetracts, not because they are forest reserves, but because they are uninhabited areas in which it is supposed to be unneces sary to apply the provisions of the Village Act. Forest rf:serves are mentioned in paragraph 135 merely as an example of uninhabited tracts which might without objection be omitted from schemes for dividing districts into village-tracts. It was never intended that forest reserves should become sanctuaries for cattle thieves and their plunder. J t is accord ingly laid down that whenever the Deputy Commissioner thinks it expedient, portions of a reserved forest may be added to the adjoining village-tracts. But the Deputy Conservator of Forests should be consulted on any such proposals before they are carried out. Amount of Fee levz'able z'n Crz'minal Cases by Headmen speci'ally empowered. 137. It has been ruled by the Local Government that in any_ case triable under section 9, sub-section ( 1 ), of the Act a headman, whether specially empowered or not, may levy a fee of Re. 1 only ; a fee of Rs. 2 may not be levied by a specially empowered headman except in a case of theft or mischief in which the value of the property stolen or the amount of the damage caused exceeds Rs. 5 and which is therefore not triable under sub-section ( 1 ). All headmen specially empowered should be instructed accorqingly. Place of confinement for persons sentenced to imprisonment 6y Vz'llage Commz'ttess or Headmen. 138. ln remote village-tracts and for all sentences for 24 hours or less the place of confinement appointed by the Deputy Commissioner will ordinarily be the headman's house, or other suitable building in the village-tract, but in cases where there is a jail or police-station within a day's journey of the headman's village it will probably be most suitable that the jail or police-station should be prescribed for the confinement of persons sentenced to imprisonment for a period exceeding 24 hours. 8 PAGE 108 108 PART III.-EXECUTIVE ORDERS. [CHAP. VII, Women and juvenile offenders, however, must in all cases be confined in a house in the village in which the headman resides and must not be sent for confinement in the jail or police-station. 139. A simple form of warrant for use in such cases F :vI i~cellaneous has been included in the Guard-Book as orm-:--:--:--:---V1lla~= 19 Deputy Commissioners should . issue to each heddrnan specially empowered under section 9 ( 4 \ of the Act, a small supply ot these witb the name of the jail or police-st , tion and the name of the headman entered by hand The headman should be instructed as to the manner of filling up the warrants, and the officer in charge of the jail or police-station should be instructed to accept anJ act upon such warrants. Pcwer of Village Commt"ttees or Headmen to reqidre the 11ttendance of accused persons. I 40. Since it is provided in section 9, sub-section ( 5), of the Act that proceedings under that section shall be held in the presence of the complainant and the accused, it follows that a village committee or headman is authorised in such cases to require the attendance of an accused person ; and if such person fails to attend or untim~ly departs he may be dealt with under section 174 of the Indian Penal Code. This applies to Government servants as well as to others. 1 t is necessary that a subordinate official who resides in a village-tract should be required to submit to the village committee's or headman's lawful authority in all matters. A viltage committee's or headman's summons to an accused per son to appear before it o::him is not a summons issued by a Court within the meaning of sectiot1 TJ. of the Criminal frocedure Code, 1898; and a village committee or headman 1s not obliged in summoning a subordinate official to do so through the latter's departmental superior. Re'IJsons of the decisions of Village Committees or Headmen. I 41. Under General Department Notification * No. 249, dated the 14th July 1908, as amended by General Department Notification No. 7'd, dated the 23rd May 1925, the decisions t * Page 35, ante. t The term ''decisions" covers any order of foe village committee or headman in a civil suit. PAGE 109 PARAS. 139--143] MISCELLANEOUS ORDERS. 109 of village comrniLtees or headmen in civii suits are subject to revision by the Township Officer, and sentences passed by village co~nmittees or headmen in criminal cases are similarly subject to revision by the Deputy Commissioner [section 23 (2) and by Subdivisional Officers (General Department* Notifi cation No. 248, dated the 14th July , as amended by General Department Notification No. 81, dated the 25th May 19 2 5). l f necessary in the interests of justice a sentence passen by a vi!l:i.ge committee or headman in a criminal case can be set aside and the accused person can be put upon his trial before a Magistrate for the same offence. The power to revise orders passed by village committees or headmen under section 12 of the Village Act has not been extended to Subdivisional and Township Officers. Cases therefore in which they consider that village CDmmittees ' or headmen's orders under section 12 should be revised should' be submitted with their recommendations to the Deputy Commissioner for orders. I4t. Under the orders noted in the preceding paragraph .powers of revision of village committees' or headmen's decisions have been delegated to Township Officers and Sub divisional Officers. At the same time it is necessary to emphasize the undesirability of undue interlerence on revision with orders passed by village committees or headmen whether in civil or criminal cases. Ordinarily the decision of the village coa1mittees or headmen should not be reversed or modified except on the application of a party to the case. It will be necessary for Deputy Commissioners to keep a dose watch on the exercise of revisionary powers by Sub divisional and Township Officers, and to repress any tendency to abuse them. If it is found that any officer is not exercising his powers of revision with discretion, the Deputy Commissioner should apply to have the powers withdrawn. Record of Crz'm1'nal Cases tritJd by Village O !ficials who are Magi'strates. 143. The following notification contammg orders regarding the record in criminal cases tried by headmen or village committees who are Magistrates is reproduced for reference :-General Department Notificaton No. 77, dated the 23rd May 1925. In exercise of the power conferred by clause VI of the Schedule to the Burma (Frontier Districts) Criminal -1' Page 35, ante. PAGE 110 110 PART 111.-EXECUTIVE ORDERS. [ CHAP. VII~ Justice l,?.egulation, 1925, the Governor in Council is pleased to make the following rules with respect to the record to be made in cases tried by headmen or village corn mittees and as to the disposal of the record :-1. In every case the headman or the village committee shall record a judgment setting forth the names of the com plainant and accused, the names and substance of the evidence of the witnesses on each side. the offence charged or proved with approximate date of its commission, the decision, sentence (if anv) and the manne,in which the sentenr.es (if any) was carried out. The judgment recorded under this rule shall be the scle record in the case. 2. Every headman shall keep in safe custody the records of the cases tried by him or by village committees. Judicial Department Notification No, .241, dated the 14th July 1888, is hereby superseded. Declaratioh of Pagoda festz"vals, monks' funerals and Cz'rcuses to be Pwes. 144. Payapwes, pongyiby11.ns and circuses have been declared to be pwes within the meaning of section r I of the * Burma Towns Act, 1907. The extent to which action has been taken under the Village Act is shown in General Department Notification No. 28, dated the 6th February 1926.* The power to regulate payajwes and pongyihyans is granted not in order that there should be discretiou to prohibit them, but in order to enable supervision to be exercised. Permission for a pongyt'byan or payajwe should not pe refused except by the Deputy Commissioner of the district and for very special reasons. Ordinarily permission should be given as a matter of course. Commissioners of Divisions should make it publicly known that permission for these functions must be obtained but that it will not ordinarily be refused. Deputy Commissioners should empower Divisional Forest Officers under section 21 (1) (a) of the Act, to licer1se the holding of jwes in forest villages which have been declared to be village-tracts under section 5 (1) thereof Inspection of Headmen's Registers. 145. District Officers should, when on tour, examme headmen's or village committees' registers of cases. Deputy *Burma Code, Vol. II, Page 510, t Page 38, ant, PAGE 111 PARAS. 144-148] MISCELLANEOUS ORDERS. III Commissioners should examine civil as well as criminal cases, although they have no authority to revise orders of headmen or village committees in civil suits. Similarly Township Officers should examine headmen's or village committees' registers of criminal cases, although they have no revisionary powers in criminal cases. [ t is the duty of all District Officers to instruct headmen or village committee3 in the exercise of their civil and criminal powers. If a District Officer con siders that there has been a miscarriage of justice in a case which he has power to revise, he should open proceedings accordingly. Protection of Informers. 146. All officers concerned should bear in mind the need of taking special measures to protect informers and other persons who by their active loyalty have incurred the risk of being made the objen of attacks by dacoits and other outlaws. Failure to afford protection to these persons must result in causing loyal people to lose confidence in the will or in the power of the local authorities to protect them and must appreciably add to the difficulties of maintaining order and suppressing crime. Compensation to relatives of Headmen, etc., murdered on account of thez"r loyalty. 147. It is befitting that Government should encourage its officers in the performance of their duty, PAGE 112 II2 PART 111.-EXECUTIVE ORDERS. [CHAP. vn. been decided to supply villages where necessarv with gur.s and leave it to the committee to devise suitable tc1ctics. l 49. This will not be necessary in every village. The effect of the new* Arms Rules in the richer parts of the province has been to give to a village one or rr.ore license holciers. It will often be found that some or all of these license-holders are members of the village committee. In such cases the committee will be in a position to organize a suitable defence. 150. But in poorer tracts there will be fewer license holders and the rural popuhtion will be more defenceless. With regard to such areas, the Deputy Commissioner should make a list of those villages wbich appear to him liable to attack by dacoits or robbers and encourage suitable residents even though not qualified under the * Arms Rules, to purchase guns and take out a license for them. The Government of India have amended Form XVI so as to provide that in Burma this license may be granted for purposes of village defence free of cost. Such free licenses should be issueri on the understanding that the gun will be placed at the disposal of the village committee at an emergency. 151. It may sometimes be found that there are not enough well-to-do men in a village to purchase guns sufficient to protect it. In that or similar cases the Deputy Com miso;ioner may at his discretion issue Government guns to persons in whose possPssion the p;un would bP. reasonably safe Such per"on should not only be of approved character but their houses should be sufficiently well built to withstand casual theft. 152. In the case of a free license or of the issue of a Governrrent gun, it should be entered on the licensF or order \bat the gun must not be taken out of the particular tract in question and in the event of an attack on the village, if the gun was not placed at the disposal of the committee and used to repel the dacoits, the license or ordn should be cancelled. No restriction is placed on sport in regard to such guns nor will Government issue any ammunition free. 153. In order not to swell unduly the total number of licenses in a district, the Deputy Commissioner should be careful only to issue such free licenses where experier::-~ has shown that attacks from dacoits are to be apprehended. 154. Village headmen are permitted to carry dahs of any description with a blade of not less than 1 2 inches in length, â€¢ Su Burma Arms Manual C~:ditbn 1926). PAGE 113 PARAS. 149-r56] MISCELLANEOUS ORDERS. and spears in the discharge of their duties. They may also be permitted to carry a Government gun or guns for their personal protection, and in the revenue collecting season an additional gun or guns may be lent to them by the Deputy Commissioner out of his stock of confiscated guns. Guns should only be lent to headmen in this way for the period of the revenue collection, and in case of real necessity and they should not be issued as a matter of course. In certain districts village headmen are also supplied with Government guns for proter.tion against dacoits. Villagers engaged in watching a village at night are permitted to be armed with spears. Associations of Headmen. 155. The formation of Associations of Headmen should be encouraged, and District Officers . and Senior Police Officers should make a point of attending tht meetings of these Associations from time to time. It is occasionally necessary to see that the number of meetings held by these Associations does not become a burden. Upkeep of Village Notice-boards. 156. When the exchange of information regarding bad characters, the discussion of matters of common interest, co operation in defence and so forth mav be discussed, it is desirable that steps should be taken to provide headmen with notice-boards to be fixed in some convenient place near the headman's house, and, if possible, near the main road in the village for the publication of Government notices and proclamations. A substantial board, about four feet square w;th two stout posts and a projecting roof or gable to keep off the weather, would suit the purpose. At the top of the board might be painted in Burmese the words : "Government Notices" and at the foot the name of the village-tract and of the headman. The cost of the board would be, it is believed, from Rs. 3 to Rs. 5. Such noticeboards should be gradually introduced, a beginning being made by the provision of notice-boards for the larger villagetracts in each district. The boards and posts should be procured under the orders of the Deputy Commissioner, the cost being debited to the Deputy Commissioner's Land Revenue contingencies. PAGE 114 PART 111.-EXECUTIVE ORDERS. [CHAP. vu.I! The headman may be required to set up the board, and will be responsible for looking after it. A temporary roof of thatch or other material should be provided by him, 'if necessary, during the rains. Method of credz"ting certain Fines zmder the Act. 157. The following classes of fines levied under the Act are credited in the Treasury Accounts to "XXXV-Miscellaneous-other F~es, Fines and Foreitures-/ a) Fines, etc., levied under the Burma Village Act" namely,-Fines ,under sections 9 and 12 leviecl. by a village committee or headman in pett.y criminal cases, in cases of failure to assist h.im in the execution of his public duties when required to do so. Fines under section IO levied by Deputy Commissioners from headmen and r_ural policemen for neglect of duty or abuse of authority. Fines under section 13 levied by Deputy Commissioners from village-tracts. * Employment of Headmen as Caretaker of District Bungalows. 158. 1n the case of District Bungalows where a wholetime caretaker is not entertained, it is sometimes the most convenient arrangement to place the bungalow in the charge of the headman and thc:re is nothing derogatory to the dignity of a headman in this, provided that th_e headman is allowed to make his own arrangements for the care ol the building in consideration of a suitable honorarum. It is accordingly laid down that headman may be placed in charge of District Bungalows in cases where it is considered desirable to do so, and where the headman is willing to undertake the work. The payment of allowances to headmen for this duty may be sanctioned by Deputy Commissioners under the orders contained in Financial Department Circular No. 47 of 19r.3. Classi.ficatz"on of Correspondence and Proceedings under the Act. 159. All proceedings and correspondence under the Burma Village Act, except (1) proceedings before a Magistrate as such under sections 12, sub-section (ii), 19 and 21 of the Act, which are " Judicial," and (2) papers mainly or * Financial Department Circular No. 30 of 1915. PAGE 115 PARAS. 157-160] MISCELLANEOUS ORDERS. II5 exclusively connected with the revenue duties of head men or other officers which are "Revenue, '' should be classed as " General '' and should find no place in the judicial or revenue registers. Judicial and revenue proceedings are registered in the ordinary registers of those departments. Correspondence is ca:c:ed as Genera\, Judicial or Revenue, respectively, and registered in the ordinary correspondence registers. 160. The proceedings mentioned in the following list, which is noc exhaustive, are to be cased as "General " and the manner of their final disposal is indicated in the margin against each. List of General Proceedings. (I) Proceedings in connection with the determination of ::r!!. kept a village-tract, section 5, sub-section ( 1 ). 000111. (2) Proceedings in connection with appointment of a l;~~;..~;ft headman or rural policeman; or the suspension, removal or year,. dismissal of a headman or rural policeman, section 5. (3) Proceedings in connection with the issue of orders To be kept perma~ under section 7, sub-section ( 1), clause ( c) ( vi). 0 â€¢ 0t11. (4) Proceedings in connection with the issue of orders l;~~ t~pt under the several clauses of section 8. yea .... ( 5) Proceedings in connection with the issue of orders To be tept per maâ€¢ prescribing the place where persons sentenced by village neut11. comittees or headmen are to be kept in confinement, section 9, sub-sections (3) and (4), section I 2, sub-section (i), and section 21A, sub-section (4). (6) Proceedings in connection with the punishment of io~~xtâ€¢l'I headmen or rural policemen otherwise than by suspension, yearâ€¢. removal or dismissal, section I o. ( 7) Proceedings in connection with the imposition of 'fo~~1 ;11â€¢Pt fines on village-tracts, section 13. years. {8) Proceedings in connection with the establishment of l:,~~tept new villages and of the erection of houses outside villages, yearo. section 18. (9) Proceedings in connection with the enforcement of To~:i~kept orders in the case of persons convicted under section 19. yean. , ( 1 o ). Proceedings in connection with the licensing of i~ ~:;:â€¢pt pwes, sect10n 2 I. year. (1 I) Proceedings _in connection ":ith the revisio~ of the Ti,~ ~.';.tept orders of headmen, section 23 and section 6, sub-section (2). rears. ( 1 2) Proceedings in connection with the issue of orders kept iJnder the ruls framed under section 29. yen,. PAGE 116 II6 PART 111.-EXECUTIVE ORDERS. [ CHAP. VII,. Proceedings other than those mentioned above should be dealt with as far as possible in analogy with these orders. 161. ProceeJings in any of the cases mentioned in the preceding paragraph, and in other similar cases may be initiated or continued in a District, Subdivisional or Township Office. In all offices all such proceedings are registered in l d f h R N IV (F Miscellaneous) sen:i or er or t e vear m eg1ster o. orm y 1 â€¢ .., 11 ave::; 22 If the final order impost"S a punishment on a head~an it 1s entered in Register I. If the Commissioner sanctions a fine on a village-tract, it js entered in Register I [. :::62. A form of case cover for general proceedings ( Miscel]ar,eous ) h b PAGE 117 PARAS. r6r-164] MISCELLANEOUS ORDERS. offices of officers specially invested with powers of Deputy Commissioners under section 24 of the Act. B~-REGISTERS TO BE KEPT BY DEPUTY COMMISSIONERS I SUBDIVISIONAL OFFICERS AND TOWNSHIP OFFICERS. I I r .Miscellaneous Register of Headmen. V lllages 2I. This register is kept in every District, Subdivisional and Township office. The first entries may be made by a clerk under the direction of the officer concerned ; subsequent entries should be made by the officer himself. There shall be a separate volume for each township. A separate sheet should be given to each village-tract and, when a. new headman is appointeci, the particulars concerning him should be entered on a fresh sheet of the register, a reference being given to the page of the register where the new entry will be found. Any good work done by a headman, a,1y fine imposed on him or on the village-tract, and any matters of interest affecting the village-tract or the headmin, should be entered from time to time. When the Deputy Commissioner, Subdivisional Officer, or Township Officer is transferred, he should see tha.t the registrr is up to date and that his opinions of the characte.r and qualifications of each heCJdrnan have been duly entered. Deputy Commissioners, Subdivisional Officers, and Township officers should take with them on tour the register of any town ship which they are going to visit. When the Deputy Commissioner visits a subdivisi<;m or township, he should compare his copy of the register with those kept by the Subdivisional Officer and Township Officer, and the Subdivisional Officer should similarly, from time to time, compare his copy with those of the Township Officers. Entries in one register need not necessarily be copied into the register maintained by another ofncer. But, at the time of the comparisons enjoined above, it is in the discretion of the Deputy Commissioner or Sub divisional Officer to make in his register copies of entries in the register kept by a subordinate officer, or to direct the subordinate officer to make similar copies in his regi~ter. The registers should be complete in themselves. The practice, if it exists, of pasting originals or copies of orders in the register should be discontinued. PAGE 118 118 PART 111.-EXECUTIVE ORDERS. [CHAP. VIr, There should be alphabetical indexes both of village-tracts and of headmen at the beginning of each register, maintained in the forms given below-Index of Village-tracts. Village-tract. Pages of Register. Index of Headmen Headman_ Page_ Headman. Page. Blank pages at the beginning of each register already issued should be used for the indexes. ln the registers issued in future, the Superintendent, Government Printing, will enter index pages. There rrrav be ten pages of the village-tract index and thirty pages of the headman's index bound with each register, the index being printed on both sides of the paper. In the village-tract mdex a space should be left below the ,entries under each letter for entries of new village-tracts, considerati::rn being had to the conditions of the to\\'nship, and whether new village-tracts are likely to he formed owin~ to the bringing under cultivation of available land or for other reasons. In the index to headmen, a space should be left below each letter sufficient to enter treble the number of names which already appear. Village-tracts are permanent and, except in a sparsely-populated tawnsh1p with much available land are not likely to increase greatly in number. Headmen change ll)ore rapidly, and a village-tract in course of time will have a long succession of headmen. The index of headmen should be made out with two columns to each page as in the illustration, and both indexes should be written on both sides of the pag~, so as to save space. When one volume of the register is filled up, a new volume should be opened and pa~ed c0ns~cutively to the former, references to it being made in the originJ.1 indexes. It will have no separate indexes. fhis register is intended as a conG.dential personal record for the:! information of District Offi~ers, and should therefore be .tre1ted as a co:1fideati1l document, and n)t as an ordinary PAGE 119 jPARAS. 164 AND 165] MISCEiLLANEOUS ORDERS. 119 office register to which the members of the office establishment have access. The registers maintained in Subdivisional and Township offices should be kept in the perso.nal custody of the Subdivisional and Township Officer, respectively. So long as the Deputy Commissioner arranges to maintain personal supervision over his register, he need not keep it in his own possession if he finds it inconvenient to do so, but may delegate the actual custody of the register to his Chief Clerk. Entries in the register should in no case be communicated to a headman without the special permission of the Deputy Commissioner in each case previously obtained. A copy of these instructions will be pasted by the Suerin tendent, Government Printing, Burma, in the beginning of each register issued by him in future. Deputy Commissioners will indent on the Superintendent, Government Printing, for as many copies of the instructions as they may require for their use and for the use of Subdivisional and Township Officers. IV _Miscell~neous â€¢ Villages u. Registtr of Miscellâ€¢neous Cases under t~e Act. The attention of all officers concerned is specially directed to the instructions contained in paragraphs 159-1631 ante. C.-REGlsTERS TO BE KF.PT BY HEADMEN. V Miscellaneous_Vz"ll~ge Committee's Regt'ster of Cases. ' Villages 27. The headman should paste all challans for fines into the last page of this register. VI. M~sccllaneous _Regt"ster of Fees levied hy Village Villages 13. Committees zn Civt'l Suits. Disposal of Registers mazntained under the Act. 165. Registers I to IV inclusive should be sent to the record-room when completely filled up. Registers I, II and IV should be destroyed on the expiry of six years from the date of the last entry. Register ll 1 should be kept perma nently. With regard to N.egisters V and V_I mai~tained by headmen it does not seem necessary to reqmre their deposit in the re~ord-room or to make any orders for their destruction. PAGE 120 120 PART 111.-EXECUTIVE ORDERS. [ CHAP. VII, Duphcate Vaccinatz"on Ntgister n custody of Headmen. 166. Each headmari keeps in his custody a register in Form Public Health 'l'h' . 'JI b d }' f h . Vac. 6 1s register w1 e a up 1cate o t e vacc1nator' s register. The maintenance of this register will enable inspecting officers to check the work done by a vaccinator in each village-tract, and it will do away with a practice now coiilmon under which the vaccinator is required to accompany inspt:cting officers. On every occasion that the vaccinator visits the village-tract he will fill in the names of subjects vaccim.ted and all other necessary particulars, recording also at subsequent visits the r~sult of each o,~ration performed. The headman will be merely responsible for the safe custody of the register, and will be requireJ to produce it only when' the vaccinatcir or inspecting officers visit his village-tract. Beyond having custody of the register and produ,::ing it when required, the headman will not be reqrnred to perform any duties in connection with the register and he will not be allowed to make any entries in it. * Maintenance of Villag'e Sanitary Records. 167. The orders of the Government of India require that with a view to the improvement of village conservancy and rural sanitation, a permanent record containing such information as can be furnished of the sanitary history of village areas should be maintained, to assist Dislrict anJ Medical Officers to acquire a practical knowledge of the local sanitary conditions of their districts. As Civil Surgeons are responsible for the supervi sion of sanitation in the districts of which they have charge, the duty of compiling these sanitary records rests primarily with the Civil Surgeon. It is therefore directed that a Village Sanitary Record shall be compiled by the Civil Surgeon in consultation with the Deputy Commissioner and the District Council concerned for all villages (not village-tracts), the population of which, as ascertained at the last census, exceeds 1,000 inhabitants. The heads of the information which should be contained in the Record, so far as possible, are shown in Appendix VI. t The Record, when compiled for any village, should be printed under the orders of the District Council where such have been constituted and under the orders of the Deputy Commissioner in excluded areas. Copies should be * General Department Circular No. 20 of 1910, t Page I 45, poit, PAGE 121 .PARAS. 166-171] MISCELLANEOUS ORDERS. 121 distributed to the Direc1or of Public Health, Burma, local district officers and the Civil Surgeon, and one copy should be kept by the headman of the village-tract in which the village is situated. Care should be taken to see that ample space is left under each head to em.hie th,.:! Record to be brought up to date from time to time. The form will not be brought on to the Guard-book, t".e. books with printed headings \Vil! not be supplied, since it is desired thrtt the Record should not be -compiled in a stereotyped fo: m, but that it should contain all information of sanitary interest, whether falling under the heads shown in Appendix VI or not. 168. With regard to the manner in whiLh the Record is to be kept up to date, it is not necessary to mairitain a special book in which inspecting officers should record their remarks, whether on matters dealt with in the Sanitary Record or on matters of geneial sa11itary interest, because it is undesirable to multiply the nnmber of books which the headman has to keep in his custody. District officers should be encouraged to note in their diaries on these matters, and extracts of such notes should be sent to the Civil Sur~eon by the Deputy Commis sioner. Wher. a change in or addition to a Record requires to be made, this should be done by a printed correction-slip, copies of which should be sent to all officers to whom copies of the printed Record have been distributed. 169. The Civil Surgeon is responsible for keeping the Records up to date. If or when the service of Public Health Inspectors is constituted, these Inspectors can be given duties -:in regard to the keeping of the Records up to date. 170. Although thes~ orders apply only to villages with 1 ,ooo inhabitants or over, it is open to the Commissioner to -direct that a Record :shall be compiled for any other village in his Division if he thinks fit, or that a Record which has been compiled for any village under the orders of 1895 or 1897 shall be brought up to date in accordance with the present orders. Annual Report on Vz"l!age Administration. 171. Each Commissioner is required to submit annually to Government a full report on Village Administration in his division, including extracts, where necessary, from the reports submitted to the Commissioner by District Oincers. Deputy Commissioners' reports should be filed in the Commissioner's * Page 145, Post. PAGE 122 122 PART Ill.-EXECUTIVE ORDERS. [CHAP. VU~ office, and should not, unless for some special reason, be sent on to the Secretariat. 17~ In the divisional reports the following matters should be dealt with in the order given :-(a) Number and classes of village committees or headmen in each district with explanation of any important changes effected during the year. (b) Judicial work of village committees or headmen (i) criminal and (ii) civil Under this head mention should be made of any special powers conferred on a village committee or headman of the manner in which their judicial work has been performed, and of the extent to which their work has been supervised by Deputy Commissioners, Subdivisional Officers and Township Officers. (c) Revenue work of headmen, the extent to which the number of headmen who do not draw commission has been reduced, and the improvement effected in the emoluments of other headmen. (d) Work performed by village committees or headmen in connection with (i) excise, (ii) agriculture and famine, (iii) record of vital statistics, (iv) assisting the police and (v) village sanitation. (e) Conduct of headmen generally as indicated by the number of punishments inflicted; popularity or otherwise of the appointment of headmen ; rewards granted, if any. (f) Conduct generally of village committees; standing of elected members; whether they co-operated with the l1eadman; management of any matters placed under their control by Circle Boards. (g) Appointment and work of ywagaungs in Upper and of teH-house gaungs in Lower Burma. (h) Fines inflicted on village-tracts for failing to resist dacoits ; conduct of villagers in these matters ; action taken under paragraph 133; results. (tJ Interest taken by each Deputy Commissioner in village administration ; nu:n~er of revisions of Deputy Commis sioners' orders by Cornrn1ss1oners and result. (j) General remarks. 173. The following returns shall be submitted with the report: Return No. 1.-Number of headmen in each district, punishments imposed on them, rewa"rds granted and average amount paid to them as commis sion on the collection of revenue during the P receding agricultural year (Misc~llaneous) V11l:iages 9 â€¢ PAGE 123 PARAS. 172-173] MISCELLANEOUS ORDERS. 123 Return No. I 1.-Return of village committees and headmen exercising special criminal or civil Miscellaneous powers ( Villages 16 ). Return No. 1 I I .-Return of fines inflicted by village committees and headmen and credited in the tre,asury during the year ( M~scellaneous ). Villages 17. Return No. IV.-Returns of fines imposed on village MiscP.llaneous tracts under the Act ( Villa ........ In ). PAGE 124 APPENDICES. PAGE 125 APPENDIX 1.-THE VILLAGE SYSTEM. APPENDIX 1.--(See Part Ill, Paragraph 1.) THE Vll,.LAGE SYSTEM. Minute by Sir CEIARLES CROSTHWUTBâ€¢ dated the 6th October 1890. The Village Regulation was drafted by me in Calcutta in the early part of 1887 and became law on the z8th October 1887. In framing the Regulation I had two objects in view--,,firstly and mainly, to preserve the village system, which in Burma, as in India, has been the basis of the indigenous administration from time immemorial; and secondly, by using the village system to arm the Government with sufficient powers of dealing with the universal disorder which prevailed and could not be suppressed by the ordinary law even when backed by overwhelming military force. 2. The i-econd object has peen attained and it has been attained only by refusing to look at the individual and by enforcing the joint responsibility of the village community. So far the bonds which unite the inhabitants of a village have been strengthened. There still remains much to be done before the village system is placed on a uniform and solid foundation, where it will be preserved from the dangers which threaten it. When the Regulation was framed it was impossible to obtain more than some very general and vague information respecting the system existing in Upper Burma. It was known that there was generally a headman to each village, who had certain authority a[!d responsibility, and to whom the Government looked both for tqe payment of the revenue, for the preservation of order, and for the detection and suppression of crime. It was known also that in some place~ there were other local officials of superior grades who to some extent superseded and supervised the village headmen. But there was little else accurately known. The Regulation was consequently so tramed as to leave the administration a free hand in dealing with details. 3. The leading principle was, however, laid down in unmistakable . terms as follows: '' The Deputy Commissioners * Sect1o_n 3, subâ€¢secshall appoint a head man in every village or tion (I). group of villages.*" The words " group of villages" were added because it was known that there were in many cases small villages within sight or hail of each other which coulq conveniently be governerl by one headman, In such cases it is U!ieles1:1 and inconvenient to multiply headmen, and it makes the task of remuâ€¢ nerating them-in any case a hard one-still more difficult. , 4. Provision was made t for maintaining any custom existing as to the appointment of headmen, and in order to t Section 3, sub-sec-prevent an interregnum pending the appointment tion <2), pf headmen by the Deputy Commissioner ~11 those existing, under whatever name, at the commencement of the Regulation were confirmed in their posts.t It was known, as has been said above, that 1n some places there were :' Section 3, sub-sec, within the same locality several headmen or tion (J). local officials of various grades. Power was PAGE 126 APPENDIX 1.-THE VILLAGE SYSTEM. therefore taken to enable th'! Deputy Commissioner to decide in such cases II which of them shall be the headman for the purposes of the Regulation/' and to define their relations to each other by rule with the view of preventing the mischief arising from divided authority.â€¢ It will be observed that, while the existence â€¢ Secti~n 3, sub-sec-of headmen of various grades within the same tion (4), local area was recognized and power taken to deal with such cases, only one person was permitted to be headman under the Regulation, and no authority was given to the Deputy Commissioner to appoint two or more headmen to any village or group of villages or subordinate to other headmen hitherto indep,endent, 5. If attention is given to section 4 and the following sections, in which the duties of the headman are defined, it will be evident that they are of such a nature as to be incapable of being performed except by a person residing in or near the village and possessed of lqcal knowledge and information. The Regulation assumes that the headman lives among his people and. must know all that is going on about him. The responsibility imposed on him is unreasonable on any other supposition, In framing the Regulation I had always present to my mind the evils which have arisen in Lower Burma from the subordination of the village system to the system of Revenue Circles. No one who has been brought face to face with the difficulties of police and criminal administration in Lower Burma can fail to per, ceive how completely all traces of village responsibility have been lost, and how hopeless it is to expect assistance from the taik or circle tl,ugyi, who bas a large number of villages under him and cannot be expected to possess either minute local knowledg; or personal influence in every part of his circle, Consequently the thugyi has gradually fall~n out of the place which he should occupy in the administrative system. On the other hand, the k1edangyz's, who were intended no doubt to supply this defect, have been invested with no powers, have been subordinated to the police, and deprived of all status as revenue officials. They have become in consequence mere village drudges without power or influence. In the Upper Burma Regulation no powers have been given to Deputy Commissioners to appoint circle officers under whatever name. The Regulation contemplates that the village shall be the administrative unit in every respect, and it requires th_e Deputy Commissioner to appoint a headman to every village, except in those cases where several villages are so situated that they can be grouped under one headman without interfering with his responsibility or the efficient discharge of the duties required of him under the Regulation. This is the leading principle of the Regulation. This simple system contemplated !Jy the Regulation and necessary for the due enforcement of village re!!ponsibility, has from various causes lost its primitive form in some places and has been replaced by a ~.omewhat complicated hierarchy of officials which renders it difficult to carry out the policy which has been approved by the Government. 6, The enquiry made under, the orders of the Financial Commisa ioner as contained in his Circular No. 25 of 1888 has resulted io PAGE 127 APPENDIX I.-THE VILLAGE SYSTEM. showing in a clear light the existing conditions a~d the difficultie!I arising from them. In paragraph 2 of his letter No. 177-133R., dated the 8th July 1890, the Financial Commissioner observes 1 ' that there is great diversity of practice as regards the appointment of village headmen in the different districts of Upper Burma. In some instances these diversities are due to the custom found in existence at annexation and in others to the idiosyncrasies of individual Deputy Commissioners, some of whom have engrafted on the Upper Burma 1tock the Lower Burma village system." C.~ Thus two causes have been at work to disturb and complicate the more simple organization which was everywhere, as it is now in most places, the framework of the Government. Under the King's rule the central authority was at times very weak. Any one who had money and could bribe the local officials or make interest at Court could get what he wanted. There were in some parts of the country officials of various kinds and known by various names, myothu1:-yis or officers of townships, mying1.u,igs or cavalary leaders, thwetl,aukgyis or blood, drinkers, supposed to have had some military duties. These officers although in some cases their duties belonged to another sphere, have contrived to overshadow the village headmen, and have usurped much, if not all, of their power and emoluments, while leaving to them all that was laborious or unpleasant in their duties. Another cause which had led to the same result was the anarchy and disorder that prevailed for a considerable time prior to the annexation. Villages grouped themselves for protection under a thugyz" or myothuF;yi who showed himself able to hold his own against the bands of robbers who prayed upon the people. Circles were thus formed in a manner analogous to that in which some of the tolukas in Oudh were created. In return for the protection given the emoluments of the village headman passed to the hands of the leading thugyi. Besides these complications inherited from the Native Government we have others created by our own officers. Some of the District Officers coming fresh from Lower Burma, not unnaturally sought to introduce the only system with which they were familiar, and which from a purely revenue point of view may h;i.ve its advantages. Before the Village Act was passed and the control of the Com missioners could be felt, village headmen were abolished or set aside in favour of circle tl11egyis after the Lower Burma fashion, to whom was given the commission belonging rightfully to the village headmen. Even since the policy of the Government has been made known some officers have been unable to refrain from creating circles or enlarging the charges of tlmgyt"s whenever an opportunity has arisen. And this has beep. done in some cases without any useful result. 7. There is no doubt that the village headmen who have been set aside are discontented alid that in some cases they are unwilling to serve. It may be said that those who had lost their position in former times have nothiog to complain of. It must be remembered, however, that our Government is a real living power, which enforces its orders and exacts the responsibilities which it imposes. A man may have been willing to be village thugyi in Burman times even althyugh the commission was taken by some one PAGE 128 130 APPENDIX I .-THE VILLAGE SYSTEM. elsy. He could generilly manage to appropriate some of the revenue. He got fees for deciding civil cases. And he co9ld easily evade his duties if he m.ade himself agreeable to his superiors. Now, while the sources of his income are wholly or partially closed, the performance of his duties is rigidly exacted. In the case of men who have bee recently reduced by the action of our officers to a !ibordinate and up.remunerated office the reasons for discontent are .still stronger. 8. I regard this state of things as a very real and immediate danger to the administration of the country. I think that most officers will now admit that the policy of dealing with the people by villages and not by individuals has been a very powerful instrument for suppressing disorder and establishing our authority. It would not have bee.n possible to use this instrument if the village system had no vitality. If we are to rule the country cheaply and effidently, and to keep the people from being robbed nnd oppressed by the criminal classes, the village system must be maintained in vigour. It cannot thrive or live unless the post of headman is sought after or at least willingly accepted by respectable persons. '9. It is therefore necessary, in my opinion, to take. measures to prevent the growth of further excrescences on the village system and to get rid as soon as posible of those which exist whether they are an inheritance from the old Government or the creation of our own officers. In eve~y case the object must be to maintain the principle of the Regulation as explained in this note, and, where a departure has taken place, to revert to it whhout any unnecessary delay. \Yhere the complications are due to our own action during the last four years there need be little hesitation in going back to the old order of things. The sooner this is done the easier will be the task and the less the hardship not only to the men who have been deprived of authority and emoluments which they have in most ca!les inherited, but to those who have benefited by the innovations, and who will feel the inconvenience of reverting to their old position less now than after further lapse of time. The following passage in the Commissioner of the Central Division, .\lr. Donald Smeaton's letter to the Financial Commissioner, No. 636-51R., dated the 18th February 1890, expresseâ€¢ my views with exactness :-,, I would only say i.n conclusion that, when a system has to be worked out like this for the eventual well-being of a province and in its true interests, the officers administering districts should net be squeamish in respect of the so-called vested interests of the men who necessarily have to be displaced. There are practically no vested interests in Upper1 Burma at all. During the K,ng's reign the most important interests were never respected; they were transient in duration, and were upheld in the main by intrigue. The field is now entirely open for the creation (but really only the revival) of the best system. Therefore, although I would not act precipitately, I advise expedition in,adoptir.g the village (i.e., small group) unit throughout and not too much attention being paid to the immediate past by which 1 mean to the eight years of King Thebaw's reign and the four years since annexation. Protracted delay will only make the task more difficult and will pqstpone the development of what to my mind is the true method of Government in Upper Burma." 10. It is necessary, therefore, to lay down clearly the course whi.ch i! to be followed. In this matter I accept generally the viewâ€¢ . I PAGE 129 APPENDIX II.-REVENUE COLLECTION BY HEADMEN. 131 enunciated by Mr, Fryer and the principles laid down in his letter (the latter part of paragraph 5). The leading points art as follows:-(r) Every village must have a headman appointed under the Regulation residing in it, or so close to it that he can efficiently perâ€¢ form in his own .person the duties imposed on the headman by the Regulation. (2) Every village headman under the Regulation should be responsible for the collection of the revenue and should get the whole of the commission. These are the principles by which the District Officer must be guided. Every opportunity must be taken to work back to them where they have been departed from, more especially in cases wher~ there are several g-rades of local officials. Care must, of course, be exercised in ;:iltering conditions and relations which have long existed and the changes must be made with as little loss to those concerne4 as is possible. I 1. I have made rules'' for the guidance of Deputy Commissioners. and others in the matter oi appointing ywathugyis or village headmen. Commissioner,; are requested to see that these rules are read, under, stood and observed. APPENDIX 11.-(See Part III, Paragraph 4.). REVENUE COLLECTION BY HEADMEN. Revenue Department Cz'rcular No. 6 of 1892, as amended by La11,d Re1.â€¢enue JJepartmcnt Cz"rcular No. 37 ~f 1910, Extract [rom the Proceedings of the Chief Conmissioner, Burma, in the Revenue Department,-No. 5C.-4, dated the 19th October 1892, READLetter No. 5;4-7R,, dated the 20th August 1891, from the Financi;il Commissioner, Burma, with enclosures, RE SOL UTJON. -The papers cited in the preamble deal with the .question o( the collection of Revenue in Lower Burma by t!:e agency ot village headmen. The pro;:iosal to substitute village headmen for tlzugyzs as the revenue-collecting ag'ency of the province was first made at the end of I 890 and rnet with the approvai of several officers of experience and abilitiy. Early in 1891 all Commissioners and Deputy Commissioners were consulted as to the advisability and pr.:!.cticab1liLy of introducing the proposed change, and between that date and now experiments have teen made in various districts for the purpose of tesâ€¢ing the new system by actual experience 2. The main f~atures of the scheme which was submitted for the 0pinion of District Officers were as follows. The thugyi, as ~e at * These rules are now embodied in Chapters II and 111 of P.:trt Ill of the .. . Manual, PAGE 130 :132 APPENDIX 11.-REVENUECOLLECTION BY HEADMEN. present exists, collecting the revenue over a considerable area of country and employing as his unpaid assistants the village headmen, was to be abolished. The revenue was in future to be collected by village headmen, each headman collecting the revenue payable by the village or villages in his jurisdiction. The headman was also to prepare the capitation-tax rolls. The remaining work now done by 1hugyis, namely, the preparation of land revenue assessment-rolls, the maintenance of the annual maps. and other miscellaneous work was to be performed by a staff of trained surveyors, who would form part of the Land Records Department. 3. All officers have now submitted their opinions on the proposals, and the Financial Commissioner recommends that the new system should be regularly and systematically, but at the same time gradually, introduced. The opinions of officers who have been consulted are fairly evenly divided. Some officers are strong advocates of the proposals; others oppose them. The majority of the officers consulted who have served both in Upper and Lower Burma, and who are best qualified to appreciate the advantages of the new system, are in favour of it. . 4. After a careful consideration of the arguments for and against the new system, the officiating Chief Commissioner has come to the conclusion that it is expedient and, indeed, necessary, to introduce it, but that its introduction must be carried out gradually, as recommended by the Financial Commissioner, and that the process must be spread over a number of years. In coming to this conclusion, Mr. Fryer has been guided by the following considerations. In dealing with the --question it is necessary to bear in mind the interests of the general administration and not to look merely to the revenue aspect of the question. Regarded merely as a tax-collector, the tkupyz" is undoubtedly efficient, and, if revenue considerations alone were taken into account, good grounds would not possibly exist for making any radical change in the pres~nt system. But the main object in view is not to improve the collection of the revenue, but to rai.se the status and to provide for the remuneration of village headmen. As a matter of general administrative policy, the headman system has after much discussion and consideration been finally adopted as that the best adapted to the requirements of the country. The Village Act of 1889 has been introduced throughout Lower Burma, and village headmen have been appointed in all districts. It has been declared that the headman is to be a headman in fact as well as in name, and it i,; now a matter of the utmost importance to seize every opportunity of strengthening his postition and rendering it attractive. -It is only in this way that capable men can be obtained as headmen and can be given authority and influence in their villages. It is obvious that, if the collection of the revenue can be placed in the hands of the headmen, an important step will have been taken in the required -direction. 5. Under these circumstances, it is clear that, if the village headman is capable of developing into a fairly efficient revenue collector, there are very strong grounds for entrusting him with the duties of a ,revenue-collector anti for abolishing tkugyis. The officiating Chief PAGE 131 APPENDIX II.-REVENUE COLLECTION BY HEADMEN. 133 Commissioner considers that there are ample grounds for holding that villagP. headmen are fitted to be collectors of revenue In the first place many officers of experience are satisfied that they are so fitted ; in the second place they perform these dutiPs with a fair amount of efficiency in Upper Burma ; in the third place experience in Lower Burma, so far as it has gone, confirms this view of their fitness. During the last year the experiment of collecting revenu~ by the agency of village headmen has been tried on a scale which has afforded a sufficient test of its merits. Such collections have been made in the Toungoo, Tavoy, Shwegyin, Sandoway and Akyab districts, and in every case the experiment has been a complete success. There have been no defalcations, and the revenue has been collected promptly and easily. It is narural that officers accu!tomed to the present system, which from the point of view of collecting revenue, no doubt works well, should hesitate to advocate a radical change which will give them a con;;iderable amount of extra trouble, and which may perhaps increase the risk of defalrations in the revenue for which they are responsible ; and under the circum<;tances, it i<; not surprising that a good many objections have been raised. The fact that half the officers consulted are in favour of the change, that officers with the experience anJ judgment oi l\lr. S,ueaton, Colonel Cooke, and Major Parrott decL1re ic to b,~ perfectly feasible, and that in every case in which the experiment has been tried it has been completely successful, afford, in Mr. Fryer's opinion, ample justification for introducing the new system gradually by substituting village headmen aided by surveyors for circle th "t)'is as circles fall vacant. 6. As the question is one of great importance, and as it is desirable that all officers should be convinced of the practicability and expediency of the new policy, the Officiating Chief Commis~ioner proceeds to examine briefly the main arguments against it. These arguments are-(i) that the headmen arc not sufficiently educated ; (ii) that the revenue may be lost, as Government can neither arm the headmen nor take security from them ; (iii) that the circle tAugyis are an important link in the administrative chain and that by abolishing them Government will weakenthe administration, besides creating a discontented body of men-the present thugyz"s and their descendants ; {iv) that the work of the Deputy Commissioner will be enor-mously increa;;ed ; and , (v) that a sufficient number of surveyors to work the new scheme is not available, and that the rates of pay which Government can afford to offer will not procure the required number. 7. Mr. Fryer admits that there is force in all these objections. They would indeed be fatal if it were proposed to make a sudden and complete change from the one system to the other. It is obvious, ho we,erthat if the ~hange is introduced gradually and tentatively, objections (iii) and (iv) will lo some extent disappear. The new sysfem .will gradually and imperceptibly take the place of the old, and officers will adjust themselves to it in the same manner. If increases to PAGE 132 134 APPENDIX 11.-,REVENUE COLL~CTION .BY HEADMEN. district, subdivisional, or township establishments become necessary the necessity will arise gradually and will be met in each particular case as it arises. The objection that a discontented body of men will be created in the form of present tkugyis and their descendants is met to a great extent by the decision to mtroduce the system gradually and only on the occurrence of vacancies. Some disappointment must no doubt be caused to the heirs of present thugyis, but, on the other hand, these men will have a much better chance of becoming village head men than they now have of becoming tl,ug:,fr when various educational qualifications are demanded of them, which will not, at first at any rate, be demanded of village headmen. The first objection is self1ighting.' By improving the position of the headmen, frwernment will get a better class of men to take the appointment. Objection (v) is also in great measure met by making the change gradual. There will be no large and sudden demand for surveyors The demand will increase gradua1ly, and there seems no good reason to doubt that the Survey School" will be able to meet it. The secon PAGE 133 APPENDIX 111.-LEVY AND ASSESSMENT OF :i:35 Thathamedct. (i11 A statement showing (a) the total area in square miles arid {b) the occupied area, in acres, in each of the prop()sed surveyors' .charges ; and \iii) A report as to the estimated area (in acres) of land likely to come under cultivation in the near future (say, within the next five -years), These proposals will be submitted to the Commissioner and will ,be forwarded hy him to the Commissioner of St'ttlements and Land Records, who will submit them to the Financial Commissioner f.or orders. 9. With a view to facilitating the introduction of the new svstem the Chief Commissioner directs that retired thu![yis who are village head men, as they often are, shall be employed in the collection of revenue like otller village headmen 1 their health and age petmit of their undertaking these duties. Such il,uryis will, under section 57 5 or 576 of the Civil Service Regulations, receive their pension in addition to their emoluments as village headmen. Under these orders, on the retirement of a th:1.gyi, he will ordinarily become orie of the revenue collecting village headmen of his 01'1 circle. io. The service of revenue surveyors and of chainmen and messengers attached to the revenue survey establishment, who .are ,permanently employed, has been declareo pensionable with effect from the Ht October 1906. APPENDIX Ill.-(See Part lll, Paragraph 124.) RULES FOR THE LEVY AND ASSESSMRNT OF THE THATH.4.MEDAâ€¢TAX, :Extract frcm Chapter Ill of the Rules under the Upper Burma Land and Revenue Regulation, 1889. 14. (I) The thttgyi shall siibm'ft t~ the toliector, in :i prescribed form, on or before a date to be fixed by the Collector, a census-roll of all the households in his village, with number, names, and occupation .of all adult members of each of these households. (2) An Assistant Collector shall, if po$sible, personally examine the census-roll.of every village in order.to test its accuracy. 15. The. Collector shall thei;i direct the thugyi to proceed to his village, and, in consultation with the tham.adis or assessors, whom. the Collector shall cause to be appointed according to custor;n, to distribute the total demand * â€¢ â€¢ â€¢ over the households of the village according to their circumstances and ability to pay, and to publish in the village a list of the persons assessed and of the amount payable by e~ch person. This hst shall be an extract from the census-roll consisting of columns 1, z and 7. No other notice of demand shall be necessary. 16. The t~amadis or assessors shall be responsible for the just assessment of each household. * * * â€¢ 18. On payment in fuli of the sum due by each perso'n, sucli perion ,shall be furnished by the thugyi with a receipt in the form preicri6ed;

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'.136 APPENDIX IV.--CONTROL OF HORSE '.AND PONV RACE-MEETINGS. The amount of rupees. paid shall be expressed both in words and in figures in the receipt. 19. The thugyi shall keep an account of the amount due from e acb person, the amount paid, and date of payment. In all cases of de ault where proceedings are taken for recovery of arrears of the thathame datax, this account shall be produced in evidence of the amount of the arrear, 20. (1) Objections to the tl,athameda-tax assessment must be made to the Assistant Collector in charge of the township within ten days after the publication of the list under ~ule 15. (2) The Assistant Collector shall fix a date for hearing objections and shall hear them in the presence of the thamadis and, if poss i hie, in the village to which the objectors belong. The thamadis shall be heard in support of the assessment. (3) If the Assistant Collector considers an objection groundless, he shall reject it If he considers it well founded, he shall make an order to the thamadzs directing them within a time to be specified in the order to re-ad just the assessment so as to give proper relief to the objector without reducing the total demand on the village. If the thamadis fail to re-adjust the assessment within the specified time, the Assistant Collector shall himself re-adjust the assessment and send his proceedings for sanction to the Coliector. APPENDIX IV. CONTROL OF HORSE AND PONY RACK-MBETINGSâ€¢. Appendix to General Department Resolution t,-No, 3T.-1, dated the 1, 11th April 1919. Instructions regarding the issue of Licenses under the Burm a. Village Act for Horse and Pony Race-meetings. PART I. INTRODUCTORY, 1. The term "meeting'' or " race-meeting" as used in these instructions includes any horse or pony race-meeting, except Gym-khana meetings as defined in clause 2 below. s. A II Gymkhana meeting" is one at which(a) the prizes are not paid in money; (b) there are no bookmakers ; (c) no lotteries are held ; (d) no professional jockeys are engaged. 3. The power of licensing race-meetings should be exercised by the Deputy Commissioner, or, in Rangoon, by the Commissioner of Police, Rangoon, alone, and should not be delegated by him to anysubordinate officer. â€¢ See General Department Notification No. 2, dated the 6th February 1926,. page 38â€¢ ante. t Not reproduced,

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APPENDIX IV .-CONTROL OF HORSE AND PONY 137_ RACE-MEETINGS. 4. The intention of these instructions is to secure proper supervi sion of, and control over, race-meetings. 5. For the purpose of these instructions race-meetings, as defined in clause I above, are divided into two classes: (a) those at which all' the races are for prizes of a fixed and published value, and at which in no race does the value of the prize offered to the winner or any other horse exceed Rs. 491 in whatever form the prize is given ; (b) all race-met>tings other than those described in clause (a) above. The former are dealt with in Part 11 below. the latter in Part III. PART II. RACE-MEETINGS AT WHICH THE VALUE OF THE PRIZES DO!!.S NOT EXCEED Rs. 49. 6. Applications in connection with race-meetings at which all the races are for prizes of a fixed and published value, and at which in no race does the value of the prize offt'red to the winner or any other horse exceed Rs. 49, must be submitted to the Licensing Officer at least 30 days before the date of the proposed meeting. 7. A Licensing Officer may issue permits for race-meetings of the nature described in clause 6 above, up to a maximum limit of four days' racing per annum at any one station, provided that the following condition;; are complied with :-(a) The promoters must be influential residents of the _district without any financial proprietary interest in the meeting. (b) Profits must be devoted to improvements in facilities for racing or breeding, or to charitable objects. , (c) The number of bookmakers allowed to bet should not exceed four. 8, If the conditions prescribed in clause 7 above are not complied with, or the proposed meeting is in excess of the maximum limit 0 four days' racing, or if the Licensing Officer is in doubt on any point be should forward the application through the Commissioner of tb e Division for the orders of the Local Government, or in Rangoon, direct to the Local Government, 9, The orders of a Licensing Officer passed on an application for a race-meeting may be revised by the Commissioner of the Division, or in the case of orders passed by the Commissioner of Police, Rangoon, by the Local Government. 10, The rules prescribed bv the Rangoon Turf Club should as far as possible be adopted for all race-meetings dealt with under this. Part. PART Ill.. RACEMBETINGS AT WHICH THEâ€¢ VALUE OF THE PRIZES EXCBEDS Rs. 49. I 1. All race-meetings other than those dealt with in Part II above require, according to the rules of the Rangoon Turf Club, the previous sanction of that body. Permits should ordinarily be granted if the applicatior.s have been recommended by the Rangoon Turf Club.

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0138 APPENDIX V.-INSTRUCTIONS REGARDING FOREST VILLAGES. 12. An application for a permit, which ha~ not beeu be1ore the 'Rangoon Turf 1.1ub prior to its submission to the Licensing OfficFr, should be returned by that officer to the pe~son presenting it, with the ,request that the oinion of the Rangoon Turf Club on the proposed race-meeting be obtained. 13. Ir the Licensing Officer considers that a permit upon an application recommended by the Rangoon Turf Club should be refused, or that a permit on an application r.ot so recommended s.hould be granted, â€¢he should submit the application with his own recommendation and the reasons for the same through the Commissioner of the Division for the orders of the Local Government. In Rango:rn the application will ,be submitted direct to the Local Government. APPENDIX V. INSTRUCTIONS REGARDING FOREST VILLAGES. Forest Department Circular No. 4:J of 19~3. dated the !Sth October 1923. lo Forest Department Circular No. 43* of 1919 to which were .attached instructions regarding the establishment of forest villages, it was stated that an amendment would be made to the Burma Viliage Act, 1907, in order to enable specific powers under th;it Act to be conferred on Forest Officerg. Bv section 24 of the Burma -Village Act, 19071 as amended by the Burma Village (Amendment) .'\et, 192 1, the Local Governme_nl has now been empowered to authorize any forest officer above the rank of Assistant Conservator to exercise all or any of the powers of the Deputy Commi_ssion~r! and any Forest Officer above the rank of Forest Ranger t!) exerrise all or any ot the powers of a Subd1visional or a Township Officer under this Act in any district or part ol a district. (For the purposes . of this section Extra As!:iistaot Conservators of Forests in charge of Forest Divisions shall be rtgarded as above the rank of Assistant Conservator.) The whole object of this delegation is to reduce the number or Government officers with whom the Inhabitants of these forests villages have to deal, that is to say, the forest officers with whom these villages will deal in their capacity as employees of the Forest Department will also exercise over these villages those functions which would otherwise _be exercised by a'.n entirely different set of officials, which will make for the convenience and comfort of the villagers concerned. At the same time there is no intention of -divorcing forest villages from the general system of village administration, and they must remain definitely under the control of the Deputy Commissioner. The only difference between forest and other villages is that the Divisional Forest Officer fills the same position as the Subdivisional Officer does in respec~ of ordinary villages, and the civil . officials except the Deputy Commissioner do riot exercise the same control over forest village administration as they do over civil village administration, this control being exercised by the Deputy Ccminis ,sioner through the medium of forest officers. ~~~~~~~~~~...;....;.,;.;;;.,;. * Not reproduced.

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APPi.ijDIX V .-INSTRUCTIONS REGARDING FOREST 1141; VILLAGES. fo which, in the exercise of his powers under the Burma Forest Act, the Divis:i~na} Forest Officer deals with matters within the purview of the. Burma Village Act he should act .in harmony, with the Deputy Com, missioner., For the same reason. it.is unnecessary: to empower Divi -sional .forest Officers under section z5 (3). of.the.Burma,Village Act to e.nforce the;surre11der of land aliotted to village. headmen. as,part, of tlleir, emolnments. li1 accordance with thi:,i instruction any villager who fails to comply with the conditions. in .the Jor.m of agreement attache.d to these instrucâ€¢ tions or Cf)mmits any criminal offence or whose continued residence in, the village is considered undesirable by the Divisional Forest Officer for reasons to be recorded,, may be ordered to leave the village by . .the Divisional Forest Officer. An appeal against such order shall lie,to the Deputy Commis~ioner whose decision.shall be .final, (7) Upon the establishment ofa forest village or upon the admission of new residents to a forest village, an agreement in the form attaG:hed to these instructions-shall be drawn up and signed by the Divisionat Forest Officer and each forest villager individually. Prior to execution, the agreement must be read over and carefully explained to the forest , villagers and after execution a copy of the agreement must be given to each viilager. Except with the consent of the villager concerned, the conditions contained in the agreement and the schedules attached thereto shall, so far as possible, r.ot be varied to the disadvantaae of the villager, for a period of at least ten years. i:, (8) All orders issued by the Deputy Commissioner or any other -officer to the headman of a forest village shall ordinarily be sent through the Divisional Forest Officer or through such Range Officer as the Divisional Forest Officer may appoint for the purpose. (q) The ser1Vices of th~ ,inhabitants o[ a forest village shall not be requisitioned under the Burma Village Act, 1907, e~ept by or through the Divisional Forest Officer or the. Deputy: .Commissioner ... The Deputv Commissioner will direct his subordinates to visit forest villages aslittf~ as possible. ( 10) The inhabitants of a forest village will not be liable to pay ,capitation-tax, thâ€¢t,.ameda, or tribute. in Kachin Hill-tracts for. a period of,thr.ee years after,the establishment of the village or in the . case of new residents, after they have received permission to settle in, , the village.. Villages already established will continue to be exemp.ted from taxation for three years after issue of this Circular. provided that where in any forest village established prior to the issue of this Cireu, tar any of the residents .have signed an}1agreement entitling . them to exemption for any period :up ,to ten years, that exemption shall hold good. The rate ofitluthâ€¢tneda to be ultimately, imposed:,shall be fixed by the Deputy Commissioner, It shall Mt ex.c.eed: Rs. 10 per household and shall ordinarily be. identical with ,the rate fixed by Government for similar. villages in .the neighbourhood. Ordinarilr . t11ungya tax: will not be. paid by forest villagers as their t,u11gya cutting will ,be done undei; the instructions of the Divisional. Forest:Officer,. They will, however, be :liable: to, pay lan.d ,revenue. to the Forest .Department on land .under. per,manent cultivalion ,:wihhin the .reserve

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142 APPENDIX V .-INSTRUCTIONS REGARDING fOREST VILLAGES. at rates which may be fixed by the Deputy Commissioner in consu ltation with the Divisional Forest Officer. (11) The headman will receive commission on the revenue collected by him at such rate not exceeding 25 per cent. as the Divisional,. Forest Officer, with the previous approval o( the Conservator, may fix, except in cases where he is remunerated by a fixed monthly payment â€¢. He may also be given a bonus at the rate of one anna in the rupee on all sums paid to his villagers for work carried out by them for the Forest Department. ( 12) As these villages ordinarily lie at some distance from the ordinary lines of communication, it may be necessary that special. arrangements should be made for matters, such as the reporting of crime, the conveyance of vital statistics and such periodical reports at. the police-station regarding the. village as the Deputy Commissioner may, at the instance of the District Superintendent of Police, think proper to prescribe. If these duties cannot conveniently be performed. by the headman, a village watchman should be appointed, and the duties of such watchman should be prescribed by the Divisional Forest Officer aiter consultation with the Deputy Commissioner and the District Superintenctent of Police, His services will not be pensionable and may be dispensed with by the Divisional Forest Officer on a month's notice or without notice in the event of misbehaviour; he wil[ be given laBd to work free of revenue, and will be paid such periodical remuneration as the Divisional Forest Officer, in consultation with the Deputy Commissioner, may fix. FORM OF AGREEMENT WITH FOREST VILLAGERS. The Divisional Forest Officer Division, on behalf of the Government of Burma (being duly authorized in this respect under section 74 of the Burma Forest Act, 1902) hereby grants permission to the undersigned (hereinafter called '' the forest-villager") to reside in the village of situated within the Reserve and to do in the said, reserve all acts of the natures specified in Part I of the Schedule hereunder and agrees to secure to tht: forest villager the further advantages specified in Part II: PROVIDED THAT the forest villager at all times shall perform the duties sptcified in Part 111, The Divisional Forest Officer for the time being of the Division shall have power to cancel this gr:t.nt and agreement at any time if in his opinion the forest villager fails to perform any of the duties specified in Part llI : PROVIDED THAT the action of the Divisional Forest Officer in this respect shall be subject to appeal to the Deputy Commissioner whose orders shall be final. In the event of the cancellation of this grant the forest villaga:r shall have the right to remain in the said village for the purpose of removing his standing crop unless the Divisional Forest Officer orders his earlier femoval and tenders compensation _for such crop and the

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APPENDIX V .-INSTRUCTIONS REGARDING FOREST 143 VILLAGES. forest villager ~hall have the right to take away all his moveable property but all his rights in a11y house in the said village and in all \Parts of such house shall pass to the Government of Burma. I. 2. (Signed) } Witnesses. Dt"vzsz"m1,l Forest Officef". (Si-'(ned) SCHEDULE A. (For Taungya Cutters.) , PART 1.-Acts Permz"tted. Forest Vz"/lagâ€¢" ( 1) To cut such timber of the unreserved kinds and such bamboos and minor forest produce without charge as may be necessary to construct a house :rnd other domestic buildings and utensils for his own use. (2) To gather such fuel and other minor produce without charge as he and hi~ family may req,1ire for their own consumption. (3) To graze cattle (other than goats) without charge except in such areas as may from time to time be closed by the Divisional Forest Officer. PART II.-Further Advantaj[es, :Th~ Divisional Forest Officer agrees-( 1) to give the forest villager a suitable area in which to cut taun[yas; (2; to provide free of charge seed or seedlings of the kinds of trees required for stocking the taungya; .(3) to pay the forest villager at such rates as may be agreed upon for all plants alive at stake after his crops have been reaped; provided that no payment shall be made if less than 50 per cent. of the plants survive and provided that the ,y11, is reasonably clear of weeds and that all bamboos have beon killed; {4) to pay the forest villagl:!r for all labour performed under . clause (4) of Part III, not less than per day, provided that by mutual agreement contract rates may be substituted for a daily wage ; {5) to obtain exemption for the forest villager from the payment capitationâ€¢tax of t}!atham~da-tax during each of the three years' period of tribute exemption, provided that his work has been satisfactory throughout the year ; and to exempt him from taungya tax ; ,((6) (only in the case of villagers who work permanent cultivation) to give the fore,t villager permission to cultivate fields not exceeding acres, near his village annually for the ,period of this agreement.

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'II# 'APPENDIX V .-INS'f.RtJCTfONS REGARDING POR!!T VII:.LAGES. (I) (2) (3) (4) PART III.-Duties o/ F11,-est Vi/ltJ,ge,-. To cut and burn a t11u11g1J, on such area as may be selected by the Divisional' Forest Officer. To sow or plant in his taungJIJ, such seed or seedlings in such manner as may bepresc'ribed by the Divisional Forest Officer 'and toTeplant without delay any spates where the stocking_ as prescribed by the Divisional Forest Officer has not been attaioed. ' To keep his ya clear of weeds free of charge so long as hi1t crops are on the ground. To perform on: payment such other frrest work as the Range Officer, subject to the orders of the Divisional Forest Officer, may direct; provided that the I perfol'mance of.,work at a distance of more than ten miles frorr. his village shall be optional. SCHEDULE B. (For Labour .only ) PART t-Acts Pe,.mt"tted., (1) To cut such timber of the unreserved kinds and such bamboo9 and mino1 forest'produce without charge as may beinecessary to construct a house and other domestic buildings and utensils for his own use. (z) To gather ,such fuel, and other minor produce without chargeas he and his family may require for their own consu111ption â€¢. (3) To graze cattle (otherthan goats)wi'thoutcharge except in such areas as may from time to time be closed by the Divisional Forest Officer. PA.RT ll.-Funher Advantages. The Divisional-Forest Officer agrees-. (1) to pay the forest villager for all labour performed under clause (1) of.Part IH, not less than . per day and to ,provide the forest. villager witha ,minimum of days'.1work periannum; .prov.ided that by:mutual. agreement. contract rates may be substituted for a daily .wage; (z) to obtain exemption for the forest villager from the payment capitationâ€¢Lax : of tha.thameda-tax during each of the three years' period of tribute exemption, provided that his work has been satisfactory throughout the year; (3) (only in the case of villagers who work per.manent cultivation) to give the forest villager permission to .. cultivate fields not exceeding. 'acres near his village annually for theperiod of this-agreement. PART III.-Duhes of-'Forest Villâ€¢ger. (I) To perform on payment such forest work as the'R!a'n'ge Officeir subject to the ord~rs of the Divisional Forest Officer, may direct and to work for a minimum of days per annum~.

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~PENIHX VI.-HEADS 'dF IN'FdRMA'fION FOR VILLAGE SAN'iTARY RECORDS. APPENDIX VI--(See PART. tn, Paragraph 167.) HEADS OF INFO RMATJON FOR VILLAGE SANITARY RECORDS, ' ' 'I.)>bysical' conformation of village site and surrounding country. t. Ch'aracter of tJ-le soil. 3, Nature of the drainage. 4. 'Arcaof the village site. !S Number of occupied houses. 6. 'Average populatibo per h()use. 7. How 'the liouires are situated in relation to one another. . 8. Whether the houses are so built as to allow of proper ventila-tion. 9. Structural condition of the houses with special reference to the possibility of cleaning_' house-sites. . 10. Structural condition of granaries. . II. Chief industries of the population dther thanagriculture: Ta, Principal articles of food consumed and source from which obtained. 13. Nature of water-supply. 14. Number; stnictural conditions, situation and :quality of water of the wells with special referetlce to the questiohs whether-(a) there are separate wells for drinking, bathing and watering cattle; 1 (b) the extent to which the wells are lined with masonry; (&) their liability to pollution from cess-pits, cattle-pens, etc. ; (d) the apparatus used for drawing the water; arid (e) the amount of'water at the different sea.sons of the year. 15. Similar information as to tanks or springs;_if any. . . 16. 'If the water-sup'ply is from a river or stream, the nature of the supply at the different seasons of the year and the extent to which it is liable to pollution. i 7, The conservancy arrangements of the village (in the widest 1cnse}. . . . ' 18. The arrangements made fer stabling cattle and other domestic animals. r9. 'How manure is disposed of, .. . 20. Whether there are places set apart for slaughter of cattle, etc:; andt. if'so, what is their situation in relation to the village, and their samtary condition. . . . . _ . 2 r. Whether there are any'recognized cemetedes j a:nd, if SO)how they ate situated in relation to the village, its water supply and its drainage. . .â€¢. 22. Wheth_er the village is Hable to epidemics ~uch as pl:fgue, cholera or srriall-pox. --. i3. Whether the villa~ers suffedrom epidemic di_seaSeti such as malaria, syphilis or' yaws. ' . . . : â€¢ . . . . . ; . . 24. 1 he extent to which the village is infested with rats, particuâ€¢ lady-Ii ear food or grain stores, etc. .. . â€¢. '". , . .. . .. . . . . 25. W~et~er the village is liable to famine or scarcity, or to drought or floods.

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/APPENDIX VII.-INSTR:rJCTIONS ,FOR THE PREVENTIO!'i , OF CHOLERA. . APPENDIX VIT.-(See Part Ill, Paragraph "::fi.) INSTRUCTIONS FOR THE PR!i.VENTION OF .CHOLl!.RA. 1. Cholera is caused by a germ which can enter the body through the mouth. It can only enter the mouth in foqd, water or froQl the hands. 2. Therefore always eat good food, drink pure water, ~nd keep your hands clean. 3. When a person has cholera in a house, nothing in that house 9hould be taken away to any other place, and as soon as the person has .recovered or has died, everything in the house should be disinfected with carbolic acid or perchloride of mercury ; if these are not available, boiled in water and put out in the sun for 48 hours. 4. Soiled clothes should not be washed near a well, nor should they be washed near anv source of water-supply such as tanks, rivers, etc., lest the water becomes polluted and other people get the disease. ::;:Js, The stools and vomit of cholera patients are very infectious for they contain millions of cholera germs. They must, therefore, be received into an earlhen bowl and covered with powdered earth to keep off flies, and the vessel must at once be put upon a hot fire out!ide the house and kept there till the vt!ssel is red hot and all is con.sum ed. 6. It is best, if possible, to burn all clothing, bedding, mats, etc., used by the sick person. 7, Only one or two persons should look after the sick man and after handling the sick they must wash the.ir hands in a bowl of disifectant which should be kept outside the sick-room. 8. People who die of cholera sho.uld be buried at once and no 1fneral feast or gathering should be allowed. No body should be _buried within 100 yards of any water-supply. 9, When there is cholera in a village, everybody should eat their {ood hot, and only drink water that has been boiled and kept well covered up until it is required for use. W cak tea ~nd lemon juj.ce can be used. Avoid unripe or .over-ripe fruit,, or foons in a state of decomposition, for the former may set up indigestion, wherebv ch.oJerl,l is more likely to be contracted and the lat.ter often contains the germs of cholera, Io. .No food should be kept uncovered, bt all should be protecte.~ from flies. In the presence of an epidemic of cholera, if a fly is ~.e,e:q to.1>ettle on ,food or drink, that food or drink should be immediately ~estroye~, ,fpr the flies can carry qn their feet the germs of cho.l.er!L from the motions and vomit of a patient, and can infect all food o.r drink whereqn they.setUe. 11. All sources of water supply should be protected. _Soiled _<;lothes and ,vess~ls should not be washed nearby. Per;sons from infected houses should not be allowed to draw water or b11,t_he i_1,1 ,f~J~r-supplies ,a.Jild shpl~ not l:ie all.owed even .in t_heir vicinity. All wells in the village should be disinfected wi.th chlorin:i.te.~ lime,-i ,to,.ll oz. di11solved in bcket .of water and mix~d in th_e well. 12. Anti-cholera inoculation helps te prevent colera, ~9 ey_e.7 body should be inoculated during an epidemic.

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INDEX

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INDEX. A Act VI of 1907; Burma Yillage Act, as amended ..;....... came into force on the 1st'january 1908 ... Enactments repealed by-Administration of villages. Sir Charles Crosthwaite's main principles of-Preparation of an annual report on-)nstructions for thel' Alterations of limits of village-tracts. Orders regatdingAmalgamation of village-tracts. Orders relating to-... Animal. Definitfon of....;..in the Cattle E>isease'Rules; 1914 Annual Report on Village Administration. Instructions for ' the prep.a.ration of the.Anyein pwes declared to be pwes for the purpc;;ses of the ' Act, Appeals do not lie from 'orders under the Act Appointment of headmen -Orderof,., ... of ten-house gaungs -Form of order of... YwajtJuitgS 1 of members of village committees. Ord'er of Arms, Possession of-by headmen and villagers A1sociations of headmen. Fonration of-â€¢â€¢. Attachment' by a Civil Court or :an' assignment' of the emoluments of a headman or rural policeman prohil,ited. B Births and Deaths. lnst~uctions regardi'?g t~e r~gistra. â€¢ tion' of.;_ -Responsibility of Subdivislbria:tand Townshipofficers . as regards due registration of-~Rules for the registration of. . ... Bludgeon. Prohibition of ihecahji"i':ft of;;_.at pwe, Building of houses, huts, etc., outside recognized village''. tracts~ Control of..:... ' ' Building of houses in vilfage-tra'i:ts. 'Regulation bf_,ungalows, Employment d hea_dmen ~s caretakers of district1 , Burial-grounds in village-tract to be allotted by the head '. ' . men. Burial of corpses. Regulation for theSection, 'Rule or Page,. Paragraph p,134 p. 3, 6 & l6 r. ( 1) p. 171-173 75 J'.11;.... n3 106 76,77 & 79 '50 121-,-i23. 39 s. 23 (:r) 19 s. s ea) 6 p.5 76 p . . 17 7g . p. ~o 81 p. 31 8:11 p. 3~--134 89P r) 79 P 148.:_:.154 II 1..;. Pâ€¢ 155 113 25 19-p. 77..;.87 94-96 p. 85 g6â€¢ r. I-';7 39;---;"42 s. 2'IA: (i) 'â€¢ 18 p. 133 105 & l'b6 r;'16 43 'P ;:i:sS ll4 r. s 44 r.'2....:.4 43

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150 INDEX. C Capitation-tax, Ezemption of one selected ten-house gau11gfrom. Carriages, Supply of-to be paid for Carts. Supply of-to be paid for -Case co"Ver for general proceedings. -Form of-... Cattle. Definition of-in the Cattle Disease Rules, 1914 Definition of-in:the Registration of Cattle Deaths Rules, 1925. -Definition of-in the rules regulating the slaughter of cattle, . --Instructions regarding the collection and record of. statistics of deaths of---Rules regulatir.g the slaughter ofCattle-deaths. Rules for the registration of---Responsibility of Subdivisional and Township Officers as regards due registration of-Cattle-disease. Rules for the prevention and suppression of--Cattle-owner. Definition of-in the Cattle Disease Rules, 1914 . . Cess-pits in village-tracts not to be kept in a filthy or in !>anitary condition and to be .closed periodically. Cholera. Measures for the prevention and suppression ofCinematograph exhibitions, variety entertainments and fancy fairs declared to be pwes . . (:ircles or .Vyothugyi ships in Upper Burma created before 1886 not to be abolished otherwise than on the occurrence of a vacancy without the sanction of Government. Power of tne Commissioner to abolish-on the occur rence of vacancies or otherwise, --Prohibition of the creation of new-without the sanc tior{ of Government, :Circle Thugyis or Myothugyis in Upper Burma. Definition ol--Payment of commission to-.. . Power and responsibility of-over headmen subordiâ€¢ nate to them. ---Relief of-of their responsibility for their subordinate headmen. ---Successors not to be appointed on the death, dismissal or resignation of a-without the previous sanction of the Commissioner. --Insignia of office of-. .. .. . ... ,Circuses declared to be pwes for the purposes of the Act in . cert::i. in local areas . . Ci:vil Court has no jurisdiction in matters relating to office of headman or position o1 member of a village committee. --not to entertain complaints against headmen or members of a village committee or rural police men without authority of Deputy Commissioner, .Civil Powers for headmen Section, Rule or Pages. Paragraph. p. 3r, 8:, p.66 90 p.66 90 p. 163 u6 r. 3 (r) so r. 2 55 r. I 57 p. 8~-97 96-98 1-9 57-63 r. 1-7 55 8t 56 Pâ€¢ 95 97 r. 1-18 49-55 r. â€¢ (t) 51 r. 5 43 p, 7t-76 92-94 39 p. :14 Bo p.23 80 p. 23 So p. 18 79 Pâ€¢ 25 81 p. 19 So p. 30 Bo p, 21 fo p. 40 8.3 38 s. 116 20 s. tB to s. 6 (1) 7&8

PAGE 148

PAGE 149

15~. INDEX. C-contd . . Commissioner to give elected headman an opportunity to show cause before according sanction to overrule his election. ,.Commiltee(s), village. Classes and value of suits to be tried by---Confinement of persons sentenced to imprisonmenJ by headmen and -1Constitution of-Definition of-... --:-Dispo~.al'of petty criminal cases by---Duties of-in respect of the regulation of village common land, Election of members of-...â€¢ Election of members of-in villages comprising a myo. -Fees to be paid in civil cases instituted in the court of the--Finality of the decisions of-in civil suits --Grant of special powers under section 9 (.f) of the Act to-in villages where the headman has such powers â€¢ . --Institution of a suit in the court of-not binding on a person. . . Instruction of the members of-in their duties by Dep.uty Commissioners, Subdivisional Officers and Township O,ffice~s.. . . -lnvestitu,e of-with powers of a civil court for the "'=trial of suits. := Number of the members of---Order of appointment for members of---Orders regarding the duties of-... -Orders regarding the revision of decisions of-Power of the Deputy Com missioner to terminate the appointment of members of---Powers of-to require the attendance of accused persons. Rules to regulate the election and procedure of-... --Rules to regulate the trial of suits by--Special criminal powers for~ ;; Subdivisional Officer authorized to revise orders passed under section 9 of the Act by a--Term of office of-.â€¢. --to be consulted by headmen in connection with schemes of village defence. --Transfer by circle boards of any matter under its control to theCommon land, village-. Duties or; village committees, headmen and villagers in respect of the regula-tion of' Compensation. Fines impos~d for offences under section 9 (8) may be awarded as-to persons injured, -Payment of-,.for injti'ry; damage or loss Section, Rule or Pages. Paragraph. s. 6 (1) 8 p. 138 107 s. 5 A (1) 7 s. 4 (9) 6 s. 9 l'l p. IOI 99 s. 5 A (3) 7 p. 27 81 s. (4) I s. 6 (2) 8 p. 13 78_ s. 6 (J) 8 p. 54 86 s. 6(1) 1 s. SA (3) 7 p. 17 (.a) 79 p. 1i-15 77-70 p. 141 & 141 108 8t 1of p,IO 77 p. 140 108 r. 1-2t1 t17r. 1-13 31-33 S, 9 (.f) 12 35 I, 5A (J) 7 p. 6:z 88 & 89 p. 15 79 p. IOI 99 s, 9 (B) 13 s. 13 14 p.105 IOI

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INDEX. C-concld . .C:ompensation. Such-will never be required to be ". refunded â€¢ . to relatives of headmen, etc.,murdered on account of their loyalty. . . . Complaints against headman or member of a village committee or rural policeman for any act or omission punishabl~ under _.the Act not .to, be entertained by a Court . without authority of Deputy Commissioner. Confinement .of persons sent_ericed to imprisonment by village committees or headmen. Places of.,-. Contagious o.r infectious disease among human be_ings, Measures for the-suppression of' . ' Corpses. of persons who died of-not to be kept unburied or uncremated ror. more than sbc hours. Corpses not to be kept unb'uried or 'uncre"mated civer a prescribaj tim.e. of human beings who died of infectious or contagious disease riot to be kept unburied or uncremated for more than six hours. ' . . . ' Correaponderice and proceedings under the Act, Classification and dispo11al ofCover for general proc.eedings â€¢. Form of Cr~diting.of finei."u~der the Act. . Me~hod of-C~iminal cas~ ,F~es to be levied m,-by a headman. sp~ially empowered. Orders regarding the revision of 1entences passed by village committes or headmen in-. cases tried by village officii/s who are Magistrates. Rules regarding the record ofCriminals under surveillance and suspicious strangers, Duties of headmen in respect of . . Criminal cases, Transfer pf:7'to. yilllite ~6111mittees Withdrawal of-from v1rlage committees Ci,ltiyators. Right of~ tq , b1tild permanent houses in . their hcildings out~ide the ~eorgnizea ;,rillag~ ... ,Catch-boiljng camps. Headmen m Upper BurQla to r~port t!Je establishm_ei:i,t ,of-:D Dâ€¢(s). Prohibition of the carrying of-at ;wes Dâ€¢lwe(s). Carrying of-as a,n. in:;igqia, of offi91= Issue of guns to and.the 'caniage of,:_by headmen Deaths of cattle. Instrucif~it; f~gilfding the c~h~tion and record of stat.istic!; of'.7" . , ,. . --' Responsibility of S4b'(iivisiorjal" and Towi1ship qmcers as regards due registration of Decisions of vi!)age committees or.~eadmen. . .. . Orders regarding'tlie' revision of-DefeI?,c~ of vma~es, Meas~res .for, [)wmtions under the Act-... ... â€¢ â€¢â€¢ DeJ~gation of. the_govr.ers . i, a Deputy Commissioner, â€¢ ., Sub~ivisionkl Officer 1!nd ;J)w.~shi1t Q~c~~: i9 c;rtll,\n ,classes of officer~1 _ 153 Sections, Rule or Paragraph. Pages, p. IQ8 JOI Pâ€¢ 147 1Jl s. 28 '10 ~-.@ p. 138 107 r. 17-181 45-47 r. 17 45 r. 2 43 r. 17 4S p.159-163 u4-116 p. 162 116 p. J.57 114 p. 137 107 '.p. 141 & 142 1;08 * 109 p. 143 109& uo P 132 104-105 s. s8 A. 20 s. 28 A 20 Pâ€¢ 133_ 105 &-1o6 r. 8 34 , s. arA (1) 18 p. 40 83 p, 154_ ue& -n3 p. 88-97_ 96-98 p. 95 97 P 14 I 8t ,142 ', 108 8t p. 6ti s,,4 L _24 109 . 88 8t .89-5 19.

PAGE 151

INDEX. \ Section, I Rule or Page1, I Paragraph. D-conid. Delegation to Divisional Forest Officers of the power of the Deputy Commissioner to appoint rural police men, to issue orders for the requisitioning I of supplies for travellers, to impose fines on.head: men or rural policemen and to exercise all the i powers of a Subdivi:sional Officer under the Act. : -to the Subdivisional Officer of the power of the I Deputy Commissioner to revise orders pasEed by I village committee11 or headmen under section 9. I Deputy Commissione~, Advice of the-in connection with schemes of village defence. -Appointment ol headman for every village-tract bythe-1 -Appointment of rural policeman by the-.. . Approval of-the-to schemes of village defence .. . -Delegation of the powers ol-to certain classes of. Officers, , --may declare that any'.local;area shall be a villageâ€¢tract -may determine the limits of any village,tract .. , -may impose fines on villagers accessory to crime ... i' -may order fines imposed on villagers accessory to crimeto be applied in ccmpensation for injury, damage or loss, -may terminate the office of'.any member of .the village committee on sufficient grounds. overruling of the result of 'election by the-... Power of-to advise measures for the protection of villages from attacks. Power of-to appoint places of confi11ement for persons sentenced to imprisonment.; Power of-to declare any instrument to be an offensive weapon. Power of,-to direct headmen to communicate informa tion respecting the commission of, or attempt or intention to commit any offence. -Power of-to direct headmen to communicate infor mation respecting any matter likely to affect .the, maintenance of order; etc; Power of-to fix rates for the supply of guides, food, etc., for any troops, etc. Power of-to revise.orders under the Act --Power of.:...to sanction the prosecution of headman or memb~r of a Tillage committee or rural. policeman, -Power of-to terminate.the appointment of members of village committees. Prohibition of establishment of new villages and of erection of houses outside villaies with permis sion of--to empower Divisional Forest Officers'.to license the holding of pwis in Forest villages. Destruction of correspondence and proceedings under . the Act, Orders regarding. Disease among human beings. Infectious or conta gious -. Measures for the suppression ofDefinition of-in the Cattle Diseaae Rules, 1914 35 & 361 35 p. lh 88 & 8v s. s (.2) 6-S, 5 (3) 6 p. 62 88 & 89 I, 24 19-s. 5 (l 6 s, 5 (1) 6s, 13 14 s. 13 14 s, 5 A (J) 1 p. 10 & 104 77 8r. I~ I, 5 (.2) 6 Si 8 (1) (f_) C) s, 9 (3) 1â€¢2I A (1)' 18 s. 7(1)(c), (vi) 9 s. 7(1), (â€¢) lit' I, 8(1) (g) 10 s. 23(â€¢) JC).. s. 11 :ao p, 10 77 s. 18 IS. p, 144 uop. 160 us & 116 r, 17-181 ,45-4; r. 1(4) 51

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INDEX. 0-concld. Dismissal of a headman does not ordinarily disqualify other members of his family from succeeding him. --Headmen should noL be punished with-except as a last resort. Disposal of correspondence and proce
PAGE 153

PAGE 154

INDEX. 157 F-concld, Fining of villa,gers for neglect of public duties Fires. Rules for the prt-vention and extinction ofFire-w0od Supply of-to be paid for. . .. .Foot-races decland to ue P'U/t!s ,n certain districts, Forest Offi:ers. Deleg-aticn of powers to certain --reserves may be included in village jurisdictions. --villages. Power of Divisic,nal Forest Officers to license thr, holding of f}wes in' ,Form of case cover for general proceedings. ... --of orde1 of app,intment of a he;:i,dman. -of order of :tp;:iointment of a ten-house gaung. --of receipt for stores supplied by headman. --of report of levy of a fine. G Section, Rule or Pages. Paragraph. S, T:I 14 r. 19-:10 47& 48 p,64 89 39 s, 24 19 p. 136 107 p. 'U 110 p. 16~ 116 p. 17 79 P 31 8:1 p. 68 91 p. 1:14 103 ,Gambling Act, 189(). P
PAGE 155

INDEX. H-contd. Headman, Duties of-in respect of prevention of the spread of leprosy. --Duties of-in respect of public nuisances and sanita tion. --Duties of-m respect of registration cf births and deaths. --Duties of-in respect of registration of deaths of cattle -Duties of-in respect of regulation ol village common land, --Duties of-in respect of slaughter of cattle -Duties of-in respect of suppression ol contagi<'US or infectious disease among human beings. --Duties of-in respect of tree-felling on banks of streams. --in Upper Burma. Duty of-to give informati(ln to Military Officers. --in Upper Burm2. Duty of-to report establishment of cutch-boiling camps. --Employment .of-as care-taker for district bungalows --Formation of Associations of---Free education of the S!lns and other male heirs of---Government is not always bound to accept the elfcted--Grant of ~hugyisa land to---Grouping of several headmen in subordination to one-without the sanction of Government prohibited. --Hereditary claims to the office to be considered when appointing a---Insignia of office of-... -lru1truction of-in their duties by Deputy Commis-sioners, Subdivisional Officers and Township Officers. --Invested with special criminal powers. Fees to be , levied by--Issue of guns to, and the carriage of dahs and spears by---maintenance by-of register of cases decided by villa.,e committee or headman and of fees levied and fines imposed uncier section 9 or 12. -not to be peremptorily punished for petty delinquen cies, --not to be regarded as an inferior link in the official chain. --not to be summoned beyond the limits of his villagetract except in unavoidable circumstances. Offences specially declared to be triable by---Office of-Civil Courts not to have jurisdiction c,ver any claim to the--Order of appointment for a---Orders relating to the election of-.. -Payment of commission to-for collection of fines --Payment of commission to-on revenue collection -Payment of compensation to relatives of-murdered on account of their loyalty. Section, Rule or Pages. Paragraph. -------------r, 1:,-5 48 & 49 r. 7-16 43-45 r. 1-7 39-42 r. 1-7 55 & 56 p, 101 99 r. 1-9 ~7-63 r. 18A-18I 46 s. 47 p. 98-100 98 & 99 r. 7 34 r. 8 34 p. 1:8 11,4 p. 155 113 p. 44--49 84 & 85 p.2 & 5 75 & 76 Pâ€¢ 43 84 p. '.J~ 80 p. 5 76 p. 40 83 p. 54 86 p. 137 107 p. 154 1111 & u3 r. 2 34 r. 39 83 p. 38 83 p. 38 83-30 s, '26 ~o p. '7 79p. 7,& 8 77 p. 131 104 p. 42 84 p. 147 Ill

PAGE 156

INDEX. 159 H-contd, HP-adman. Personal responsibility of-for the performance of his duties. --Power of--to arrest any person committing an offence punishable under section 5 ro of the Indian Penal Code. --Power of-t'l arrest persons committing offences under section c; of the Burma Gambling Act, x899. --Power of-to search lor and arrest any person liable to be arrested by ,,. Police Officer under section 54 of the Code of Criminal Procedure, --Power of-to require the attendance of accused persons. ---Procedure tor the grant of leave to. --Procedure to be adopted in select:ng a-/ --Prohibition of attachme'nt by a Civil Court or an assignmen of the emoluments of a --Punishme.1t o!-for neglect of duty or abuse of powers. --Responsibility of-for the collecti: n of revenue -Retention by-of fees for execution of judgment'and fees levied on the institution 11 civil suits. --Retention by-of fees levied under sections 6 (4) and 9 (9) of the Act. -Retired-payment of pension to-chargeable on the inccme of the office is inadmi~sible --Rule f0r the appointment bv Deputy Commissioner of-otherwise than in accordance with the result of an election. -Rules for the trial of civil suits by---Subdivisional Officer authorized to revise orders passed under section 9 by a--to be a member and chairman of the village cc.,mmittet'. to be assisted by a village committee in his duties as magistrate, judge ;;nd general executive officer. --to be liberally rewarded for any good work clone by them. -tc> be responsible for the maintenance of all registersl and records. --to communicate information in certain matters --to consult villae;e committee and villagers of pro-perty and standing in connection with schemes of village defence. --to give written receipts for fines imposed under section 9 or 1 '> --to issue notice to parents of the child regarding vaccir.::ition, -to receive complaints and arrange for meeting of the committee. --to report at once of the occu~rence of cholera or small-pox. -to reside within his jurisdiction Section, I Rule or Pages Parag,aph.1 ___ _ p. 37 5, 8(3) p. 60 T, C p. q.o p. 5o-:;3 p. 'i s. 25 5, 10 p. 4 r. 10 r. I r. 1-13 s. 5 A {2) p, I p. 41 r. 16 s. 7 p. 62 r. 3 r, 2 r. 16 r, 18A r, 37 II 108 13 76 32 33 81 27 31-33 35 7 75 83 29 8 88 & 89 34

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PAGE 158

INDEX. 161 L Latrines not to be kept in a filthy or insanitary condition ... --to be screened by a roof and wall fr,,m the view of passers by or persons residing in the neighbour hood. Leave to headmen. Procedure for the grant ofLeprosy. Rules for ~the prevention of the spread of Licensing of p~~es .â€¢. . .. Licenses for pongyibyan or payapwes should not ordinarily be refused. Limits c,f village jurisdiction. Orders regarding alterations of-Loaded-sticks. Prnhibition of thec;i.rrying of-atpwes ... Local Government, l-c,"er of-tu .. ppoiHt the auth
PAGE 159

162 INDEX. M-concld. Myothugyis. Power and responsibility of-over headmen subordinate to them. Relief of-of their responsibility for.their subordinate headmen, who are magistrates. Rules regarding the record of criminal cases tried byMyothugyiships created before 1886 not to be abolished otherwise than on the oc:curr_ence of a vacancy, without the sanction of Government. --Power of Commissioner to abolish-on the occurrence of vacancies or otherwise. Prohibition of the creation of new-without the sanction of Government. N Nat-pwes declared to be puies for the purposes of the Act in certain local areas. Night-gu ,rds iu villages. Posting of-to be left entirely at the option of v1llagers. Notice boards Provision and upkeep of-0 Offence under section S co of the Indian Penal <::ode. Power of headmen to arrest persons committing an-Offences specially declared to be triable by villa~e com mittees or he;idmen Offensive weapons, Prohibition of the carrying of-at pwes, Office of headman. Insignia of--or other village officer. riv1l courts not to have jurisdiction over any daim to-Order of appointment of a headman. Form of-of appointment of .a ten-house gaung. Form ofOrder under the Act. Finality Of-p Pawn~hops, Licensing and regulation of---Rules for the regulation of-in village-tracts Payap'11Jes declared to be pwes for the purposes of the Act in certain local areas Pension. Payment of-to retired headmen, chargeable on the ircome of the office, is inadmissible, Pongyibyans declared to be pwes for the purposes of the ' Act in certain local areas. Ponies. Payment for hire of-by officers Postal Officials not to be required to assist in arresting criminals. Section, Rule or Pages Paragraph. P 19 p. 20 p 1-13 p. 24 p. 23 p 22 0. 61 s. 8(3) P 40 s. 26 p. 17 p. 31 5, 23 13) s. 20A r. 1-6 p. :28 p. 67 p. 130 80 So 109 & JIO 80 So 80 39 88 113 lI 30 18 79 82 19 16 63-71 38 81 38 91 104

PAGE 160

INDEX. Section, Rule or , Pages Paragraph. '----------------------1------1 !--P-concld. Powers of a Deputy Commissioner, Subdivisional '.)fficer and Township Officer under the Act. Authority to delegate-Proceedings and correspondence under the Act. Classifi cation and disposal ofForm of case cover for general-. . .. --of Subdivisional and Township Officers to be sent to District Record-room quarterly. Protection of headman or rural policeman in execution Of his duty. -of informers Punishment of headmen. Discretion to be exercised in tl,e-Pwes, Definition of--Anyein pwes declared to be---Cinematograph exhibitions, variety entertainments and fancy fairs declared to be---Foot-races decl::ired to be-in certain districts --Licensing of-.. --Licenses for pongyibyans or payapwes should not , ordinarily be refused. --Local areas in which payap,,,es, pongibyans and ci,cuses have been declared to be--nat-pwes declared to be----Penalty for hold:ng, promoting or taking part in an unlic.ensed--Power of Divi3ional Forest Officers to license the hold ing of-in Forest villages. --Power to headmen to disarm person carrying offensive weapons at---Prohibition of the carrying of offensive weapons at--'Nrestling matches declared to be -in the Arakan Division. R p. c62 p. c63 p. 146 P 39 s. '2 r(3) 5. 2! p. 144 19 116 u6 20 JCI 83 17 39 39 39 17 I[O 30 s. 2[ 17 p. 144 110 s. 21 A(.2) 18 s. 2cA(r) 18 39 Receipt Foi;m of-for the use of headmen who furnish p. 68 gr supplies. Records. Maintenance of village sanitary-p. 167-170 --of Subr!ivisional an.1 Township Officers to be se:1t to District Record-room each quarter. --under the Act. Classification and disposal of-... p. 159-163 Register of cases decided by village committee or headman I r. 2 and of fees levied and fines imposed under section 9 or 12, --kept up by village committees or headmen. lnspec I tion ofRegister of headmen. lnstrL1ct1ons for maintenance of I Registers prescribed and maintained under the Act I -maint;i.ined under the Act. Disposal of-... Registration of births and deaths. Instructions regarding-, --of births and deaths. Rules for the-... p. 1 is p. 164 p. 16~ p. 165 p. 77-87 r. 1-7 120 & UI u6 I 14-116 34 110 & III 117 & us u6-119 t19 94-96 39-~2

PAGE 161

INDEX. R-contd. l
PAGE 162

INDEX. 165. Section, I , Rule or I Pages j Paragraph. I ----1 ---R-concld. ; . ' Rules.prescribing headmen's register and requiring written I receipts. l -prescribing the d1..1ties to be performed by rural policei men in Lower Burma. --regarding public nuisances and sanitation in villagetracts. regarding the record of criminal cases tried by village officials who are ma6 istr::ites. --regarding the remission or refund of fines --regarding the supplv of information to military officers j by he,,d111en in Upper lforma. 1 --regulating the extrcise, enjoyment and performance of I thei! pcâ€¢wers, privileges and duties by rural police' men. -rquiri:ig headmen to report establishment of cutch camp, in Upper Burma. --to regul0te the election and procedure of village committees. --under the Act. Power of Local Government to make-Rulings regarding the imposition of fines on village-tr~cts. p. Rural policeman. Appointment of --comphinh against-fur any act or omission funish;,bfe under the Act not to be entertained by courts without Deputy Commis5i ner's order. duties of-. . . . .. -Manner of exerci~in. g, enjoying and performing his I powers, privileges and dutie~ by a---Prohibition of the attachment by a civil court or an assignmer.t of the emoluments of the--Punishment of-for neglect of duty or abuse of powers to exercise and enjoy the same powers and privileges as a police officer. s r. 2 &: 3 34 r. 3 & 4 37 r. 1-16 43-45 p. 143 109& 110 r. 4-6 34 r. 7 34 r, 5 37 r. 8 34r. 1-22 27-30 S, 29 21-22 127-130 103 &: 104 5, 5(3) 6 s, 1o8 20 5, 8(2) 11 r. 3-4 37 r. 5 37 s. 25 r9, s. 10 13 r. 2 36 Sanitary Records. Maintenance of VillageSanitation. uf village-tracts. Rules for the-p. 167-170 1~0 & Schedule to the Act ... Sentences passed by village comn1ittees or headmen in criminal cases. Orders regarding the revi sion of-Services that can be demanded of villagers free of payment. General principles regardingSlaughter-houses in village tracts. Licensing of---of cattle. Prohibition of-within a prescribed limit from an established slaughter-house. 111 r. 1-16 I 43-45 12 & ~3 p. 141 I'>: 14~ 108 IX p. 58 ,. 1-6 r. 4 1<>9 87 57-63 57

PAGE 163

166 INDEX, S-concld. Small-pox. Rules for the prevention of the ~preading of-Spears. Arming of village watchmen with-Stolen property. Definition of-.. --Payment of c<>mpensation to the owner ofStrangers. Duty of headmen to re:iort the advent of suspicious-Streets and l;111es in villages to be kept free from weecis and in a sanitary condition. Subdivisional officer authorized to revise orders passed by village com:r. it tees or headmen under section g, --Definition ot --Powers of-to app0int rural policemen --Responsibility ol-:.s regards due registration of births and deaths. --Responsibility of-as regards due registration of deaths of cattle, Subordination of one or more hea men to another headman without sanction of Government prohibited. Supplies. râ€¢orm of receipt fur the u;e of headmen who furnish---of firewood, grass and water. Payment should be made for---to be paid ll>r... which cost money or labour to procure to be paid for at full rates. T Ten-house gaung. EJCe:nption from capitation-tax of one selectedTen-house gaungs or rural policemen in Lower Burma. Appointment of--Appointment order of-.. Thothameda-tax. Exemption of ywataungs from--Rules for the levy and assessment of-Thugyisa land. Grant of-to headmen ... --Title of headman to any-to pass with his office. Town. Definition of-.â€¢â€¢ . .. Township Officer. Appointment . of-to be the authority to revise the decisions of village committees or headmen in civil suits. ---Definition of--Powers of-to appoint rural policemen . --Responsibility of-as regards due registration of births and deaths. ---Responsibility of-as regards due registration of dearhs of cattle. Tree-felling on banks of streams. Prohibition of-Section, Rule or Pages Paragraph. r,r N. 2 42 p. 154 1T"2 & 1::,3 S. 4(7) 6 p. [05 IOI ;,. 132 (2) & [04 & (3) 105 r. 15 45 35 5. 4(4) 6 s.:; (3) 6 p. 85 96 p. g,; 97 p. 271. So p. 68 91 p,64 & 65 89 & 90 p. 63 89 p. 66 90 p. 35 82 p. 30 Sr p. 3.I 82 p. 3~ 8:a p. 12~ 103 p. 43 84 s. 2s(.1i 2'0 s 4(,6) 6 35 s. 4(5) 6 8. 5 (.1) 6 p. 85 96 P 95 97 p. 98-100 98 & 99

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INDEX. 167 Section, Rule or Pages Paragraph. -----------------, ___________ V Vaccination. Issue of notice by headmen to parents of child regarding-Vaccination Register. A duplicate of the-in custody of headmen Variety entertainments declared to be pwes Village Act, Burma r\.ct VI of 1907, as amended Village Administ,ation. Instructions for the preparation of the Annual Report on---Sir Charles Cr"strwaite's main principles of---M inute by Sir Charles Crosthwaite 011Village. lJefinitH,n of-Village Committee(s). Appeal regarding irregularities in : regard tQ election of members of-lies to the I Township Officer. --Appointment of Township Officer to be the authority 1 ' t,, revi,e the decisions of-in civil su,ts. Bar Lo civil court's jurisdicLion over any claim to I position of a member of a. --Cla~ses and v,.(ue of suits to be tried byI --Complaints against a member of-f,.r any act c,r . omission punishable under the Act not to be entertained by courts without Deputy Commisâ€¢ sie,ner's order. Confinem'ent of persons sentenced to imprisonment by headmen or---Constitution of-Deci~1ons arrived at by-to be recorded in writing and signed by all members, --Definition of-Disposal of petty criminal cases by-District Magistrate's power of with~rawal of case transferred to the---Duties of-in respect of the regulation. of village common land, --Election of-I Electiun of-in villagP.s comprising a my,,. . --Fees to be paid in civil cases instituted in the court of/ the--Finality of the decisions oi-in civil suits ... -Gram of special powers under section 9(4.) of the Act to-in villages where the headman has such powers. --Headman to arrange for meetings of--ln~titut1on of a suit in the Cc,urt of-not binding on a person, Instruction of the members Deputy Commissioners, and Township Officers; --Investment of-with powers of-in their duties by Subdivisional Officers / of a civil court for the I trial of suits. --Number of the members of... --Offences specially' declared to be triable by---Order of appointmtntfor members o(---Orders regarding the duties of-I I . .. I I r, 2 4,2 Pâ€¢ 166 I~O .. I 3~ p. 171-173 il21-I'L3 p. I Appx-I s. 4(7) r0 I 4 I ' 75 127 6 35 s. 'J6 20 S, 6(1) 8 s. 28 20 p. 138 107 s. 5A !1) 7 r, 'JO 'J9 s. 4(9) 6 s, 9 l'J s. sSA :zo p. IOI 99 s. 5A (3) 7 p. 27 81 s. 6(4) 8 s. 6(z) 8 p. I3 78 r. 16 29 s. 6 (J) 8 p. 54 s. 6(r) s. 5 A(J) p. r7 p. I 1-15 86 7 7' 30 79 77-79

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lNOEX. V-contd Village Committee(s), Orders regarding the revision of d.cisions of-Power of Deputy Commissioner to terminate the a ,rointment of members ofPower of -to require the attendance of accused persons. -Power of-to stay proceedings in civil suits, to refund the institutiun fee and to recommend plaintiff to file a suit in a civil court. --Prohibition of settlement of strangers in villags~tracts without the permission of---Rule to regulate the election and procedure of-Rules to regulate the trial ol suits by---Special criminal powers for Subdivisional Officer :rnthorized to revise orders nassed under sectio11 9 by a-Term of office of---to assist the he2dmen in his dutie5 as mas.:istr.1te, jucige and general executive officer. -to be consulted by headmen in connection with schemes of village defence. --Transfer by Ci,cle Boards of any matter under its control to the---Transfer of criminal cases by magistrate toWitneSses in criminal and civil cases. tried by-to be put on oath Village c,,mmittees' or headmen's register of cases, I nspectic,n of Village common land. Duties of village committees, headmen and villagers in respect of the regulation of-Village jurisdiction ofa headm:in to coincide in all cases I with his jurisdiction for revenu~ purposes. --Forest reserves may be included in---Sanitary Records. Maintenance of Village jurisdictions. Orders regarding alteration of boundaries of-Village notice-boards. Provision and upkeep ofVillage officials who are magistrates. Rules regarding record of criminal cases tried by-Village watchman. Arming with spears of-Villagers. Collective punishment of---Duties of .. , -General principles regarding services that can be demanded free of payment from --Issue of ;;uns and gun lie nses to---Procedure in inquiries into the conduct of---Punishment of-for neglect of public duties I Section, Rule or Pages Paragraph. p, HI & 142 roS &: 109 P 10 77 p r40 1011 . r, r:, 33 s. 17 15 r. 1-2, 17-30 r. l--13 31-33 s c}'.4) 12 !I. 5A (J) 35 7 p I 75 p. 62 88 & 89 p. t5 79 s. 28.'\ 20 r. 22 30 p. ~45 110 & Ill p. IOI 99 p. 135 ro6 & 107 p. 136 I07 p. 167-170 120 & UI p. r3i 106 p. 156 II3 p. 143 109 & 110 p. 154 IU & II3 s. 13 14 p. 103-131 100-104 8. II q p. 58 87 p. 148-153 III & 112 p IOQ-I 19 IOI & 10:t s 12 14

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INDEX. V ~-concld. Villages. Cont, ol of the
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The Burma Village Manual (Edition 1926). Pamphlet No. Ill. Corrigenda up to the 31st March 1933. 1. Page 27.-(a) Substitute, the following for the rules regarding the appointment of headmen :-,, In exercise of the power conferred by section 5, sub-section (2), of the Burma Village Act, 1907, the Governor in Council, in supersession of all previous notifications issued in this behalf, makes the following rule to regulate the action of Deputy Commissioners in appointing village headmen otherwise than in accordance with the result of an election by the villagers :-The Deputy Commissioner may, with the previous sanction of the Commissioner, overrule the result of an election: by the villagers-(a) if the candidate so elected is unsuitable for appointment by reason of standing or character or resi lence or of any physical or ment1l disqualification ; or (b) if the canclidate_ so elected owed his electi;-,n to the exercise of undue influence or to intimicl:ition ; or (c) if the candidate. sq elected is not an hereditary claimant and an hereditary claimant was among the candidates and is a man of approved character and otherwise qualified for appointment :is village headman ; or (d. if the candidate so elected cannot furnish security as required by Direction 267 of the Burma L1ncl Revenue Dkections, 1911, Land Revenue Manual : Provided that if a non-resident cancli<1ate has given an undertaking to comply with Executive Order 37 and to transfer his residence within thirty days of hrs election or within such further period as may be fixed by the Deputy Commissioner, he shall not be deemed to be unsuitable for appointment under clause (a) : Provided further that before f1CCording sanction under this rule the the Commissioner shall give the elected candidate an opportunity of showing cause why the election should n0t be overruled." (b) In the marginal _note as amended by item 5(b) of Corrigenda Pamphlet II for the word " and " substitute a comma and add the following :-"G.D. Notification No.126, dated the 29th June 1932." [General Department Notification No.126, dated tb-e 29th June 1932.] 2. Page 30.-(a) In clause (4) of General Department Notification No. 79, dated the 23rd May 1925, as subsequently amended by item 3 of Corrigenda Pamphlet I, insert the word "Yamethin" between the

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15 J1persession of the rules published 111 Public Health Department Notification No. 78, dated the 24th July 1925, as subsequently amended:', ,1. The headmen of villages shall give such assistance to Inspec tors of Vaccination and Public Vaccinators, as the Depnty Commissioner may on the advice of the Superintendent of Vaccination from time to time direct. 2. When the birth of a child is reported for registration under Rule 3 of the rules published in Public Health Department Notification No. 10, elated the 11 th February 1925, the headmen in districts to which the Vaccination Acts have been extended shall issuf" the following notice to the parents of the child :-. NOTIC:E TO PARENTS REGARDING VACCINATION. No. Dafrd To You are hereby informed that under the Vaccination Act of 1880 you are required to have your newboril child vaccinated aHer it attains the age of six months. . In case, howeveJJ'; the. child is or.,has been exposed to fr1fection in consequence of residence in a house infe'cted by small-pox, it must be vaccinated at once, even though it be below the age of six nioriths, vide section 4 of the Burma Vaccination Law Amencfrrient Act, 1909. Headim:rn. 'Village-tract. Towfiship. * Here enter the name, if the child has been named. [Judicial Department NotificationNo. 25 L, dated the 2nd September 1929.] ....._ 5. Pag~s 43-47.-(a) Add the following as Rules SA! 8B ~1;1d Sc itet' fole 8 of the Rules as inserted by item 5 of Cotriget/da Pariiphlet I. U; 8A. No person shall hawk ice, iced foods arid drinlcs, aerated'. waters or sweetmeats in any public place in any village-tract of the Hlegn Township without the permission in writing of the hea:dman. 8B. No person residing in the village-tracts bf Hlegu and Dabein in the Hlegu Township shall erect or re-erect any building without th.e previous permission in ,,,ritfog of the headman who may, before granting such permission, call for the submission of such plans as he may consider necessary. 8c. No person. shall keep or breed pigs or ducks \vithin a village tracr:in such numbers or in such conditions as to be a public nuisance, or to endanger the public health, or to pollute any stream, tank or source of water supply other than one privately owned and used

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17 ; ) 8. Paf!.e 55-56.-(a) Substitute the following for rule 1 of the rules for the registration of cattle deaths in village-tracts published in Agricultural (Veterinary) Department Notification No. 7, dated the 4th September 1925, as subsequently amended :-" 1. These rules may be cited as I The Registration of Cattle Death Rules, 1925.' They shall apply to all areas in which the Burma Village Act, 1907, is in force except the undermentioned areas :-ThePyinwa Circle of the AkyabDistrict. The Hill District of Arakan. The Sal~een District. The Yeyaman .Hill Tract o~.the Kyaukse District . . The Bhamo District. The Kachin Hill Tracts of the Myitkyina District. The following village-tracts in the Ngape and Sidokfaya Towri ships of the Minbu District:-~ 1. Aukmagan. 2. Atetma~an. 3. Linywa. 4. Nyaungywa, 5. Bonbaw. 6. Gokkyi. 'l. Hmcinsein. 1. Apaw. 2. Daing. 3, Kanywa.. 4. Kwetchaung. 5. Mahawclaung. Ngaje Township. 8. Linde. 9. Maton. W. Pabwe. U. Pazi. 12. SatsL 13. 'Sabauk. 14. Sayan. Sidokta;1a Township. 6. Ngatawzok. 7. Ngatkyi. 8. Pyingyi. 9. Sinchaung. 10. Tauksok. 15. Sulidet. 16. Satsi (Northl, 17. Taywadaing. 1'8. Taungzauk. 19. Yabein. 20. Laukpa!e. l l. Si1ngan under Pa-aing Myothugyi. l2. Thetkegyi.o. under Pa-aimg My~thugyi. 13. Winzi111 mtder Pa-aing Myotltugyi. The Gangaw,_Tilin, and Saw Townships of the Pakokku District." (b) In rule 5 after the words "village records" insert the words "for a peri{)d of two years from the elate of the last entry." (c) Substitute a comma for full stop in the marginal note and ~1dd the following :" and Veterinary Department (Ministry o{ Forests) Notification No. 4, dated the 27th September 1928." [Veterinary Department (Ministry of Forests) Notification, No. 4, dated the 27th September 1928, and No. 8, dated the 21st Oct-0ber 1931.] . 9. Page 70.-For condition XVI of the conditions on the reverse of the form of licence attached to the rules for the regulation of pawn-shops iu the village-tracts in Burma, published in General Department N otifica ti.on No. 366, dated the 25th October 1921, as subsequently amended1 su bs/ilute the following :-

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( 21 police or for any other reason were not sent in good time, they must be included in the return under preparation by the Township officer, and a foot-note should be added to the return indicating in what months the deaths occurred and their number." (c) Substitute the following for paragraph 94 of the Executive Orders:-" The Township returns will be consolidated by Districts and Circles in the Circle Offices of the Veterinary Department and the Circle returns will be submitted to the Director of Veterinary Services on such dates as he may fix. The Veterinary Superintendent, Arakan, will similarly consolidate and submit the returns in respect of his Sub. Circle." (d) Substitiete the following for paragraph 97 of the Executive Orders:-,, The original copies ot the Township returns shall be kept in Township Offices until the 1st July of the year following that to which they relate and may then be destroyed. The returns submitted by Township Officers to the Deputy Commissioners may be destroyed as soon as the district returns are published in the Burma Gazette by the Director of Veterinary Services." [Veterinary Department (Ministry of Forests) Notifications No. 12, dated the 25th October 1929, and No. 8, dated the 19th May 1932.] 13. Page 106.-For paragraph 133c of the Executive Orders as inserted by item 11 of Corrigenda Pamphlet II substitute the following :-" 133c. No person should ordinarily be required to reside outside the limits of the District in which his village is situated. It is no1 necessary to fix the period of removal. This will depend upon the circumstances of the case and may be regulated by the Commissionet on receipt of the periodical returns prescribed. Persons ordered to remove should not ordinarily be treated as prisoners or sent undet police escort." 14. Page 109.-For the opening sentence of paragraph 143 of the Executive Orders substitute the following :-" The following notification containing orders regarding the recorc in criminal cases tried by headmen or village committees, who exercise the powers of a M:1gistrate of the third class in Districts to which the Burma (Frontier Districts) Criminal Justice Regulation, 1925, applies, i! reproduced for reference." [General I)epartment letter No. 358E-31, dated the 7th April 193:l to the Commis. ~ioper, Pegu Division,) ~.B.C.P,0.-No. 1, J.D., 3-5-33-11800:

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The Burma Village Manual (Edition 1926). Pamphlet No. IV. Corrigenda up to the 31st March 1936. l:'.3 '-;. ~-s'' 1. Page 28.-In Rule 1 of the rules for the eleclion and procedure of village crmrnittees, for the words '' preceding year" where lliey first occur, the words '' current finaucial year or for the preceding financial year, if the roll for the current year is not available '' shall be substituted .. [G\;!ner.al Department Nolification No. 111, dated the 12th June 1933.] 2. Paf!.e 30.-In clause (4) of General Department Notification No. 79, elated the 23rd May 1925, as subsequently amended, (a) between the words " Amherst " and " Minbu " insert the word " Ta\oy " ; (b) lretween the words "Tavoy" and " Minbu" insert the word "Thaton" (c) between the ~ords " Minbu" and " Mandalay" insert the words '' Thayetmyo, Pak6kku." [ General Department Notification No. 112, dated the 15th June l933.] . [General Department N otifica!ion No. 67, dated the 25th April t 934.~ [General Department Notification No. 195, dated the 27th November_1?33.] 3. Page 82.-In Chapter ll'of lhe Executive Orders after Executive Order No. 33 insert the following as Executive Order No. 33A :-,, The Ywagaung ma.y,b_l:!r_en1Qv:ed by the .. headman subject to the approval of the Deputy Commissioner." . [General Derartment letter. No. 179E34 (724), dated the 20th June 1934, ti:>'the Commis_sioner, Magwe Division.] 4: Page 82.-Substitute the following for paragraph 35 of the Executive Orders :. ~ In Lo;er Burma one selected ten-house f!.~ung in every village of 20 or more houses, and in Upper Burma the Ywagaung of every village of 20 or more houses in which no headman resides, are exempted: from capitation-tax and thathameda respectively." [Local Government's Resolution No. lV-11, dated lhe 7th August 1917.] 5. Page 89 â€¢ ....,...Insert the following as 63A :. " 63A. The written order of the Deputy Commissioner to the headman to collect and furnish, upon receipt of payment for the same in. advance, at such ,rates as the Deputy Commissioner. with the sanction of the Commissioner, may from time to time fix, guides, supplies of. food, carriage and means of transport for any traveller other than an official should be given only in cases of very urgent ne\:essity." [Gen era! Deparlment letter No. 130E3:\ Part II, elated the 26th January 1934, to all Commissioners of Didsions.] 6. Paf!,e 90.-Iuscrl the following as 66A :-" 66A. All troops, police, government sei;vants travelling on duty and, on the written order of the Deputy Commissioner in ~1rgent cases,

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24 ) travellers who employ Llbour requisitioned for the carriage and transport of persons and goods should take all reasonable means of ensuring that the workers so employed are physically fit and are not suffering from any infeclious or conla~1ious disease. The he:,clmen, whose duty it is to collect and furnislt such workers, should be required to supply workers, who to the best of their knowledge, arc physic:tlly fit and are free from any infectious or contagious disease. Commissioners are expected, having regard to all relevaut factors including the physical development of the population from wluch such workers are recruited, the nature of the country through \\'hich they must travel and the climatic .conditions, to deterri1ine the maximum load \Vhich these workers may carry and the maximum nnmber of clays per month or other period for which they may be taken, including the days spent in returning to their homes. Commissioners shonld also provide that the norm~.1 daily journey of such workers should not exceed a distance corresponding to an average working clay of eight hours, it being under stood_ that account should be taken not only of the weight to be carried and the cli::;iance to be covered, but also the nature of the roads, the s_easo11 and all other relevant factors, and that, where hours of journey in excess of the normal daily journey are exacted, they should be remunerated at rates higher than the normal rates : provided that no worker shah be required to journey more than ten hours a day without his conserit." . . . [General Department letter No. 130E33, Part II, dated the 26th January 1934, to all Commissioners of Divisions,] :..._!/ _P__age-...108.-For paragraph 140 of the Executive Orders substitute the following :-'_' 140. Since it is provided-'in section 9, sub~section (5), of the Act that proceedings under that section shall be h1eld in the presence of the complainant and the accused, it follows that a village committee or heaorri'.an fa authorized in such cases to reqt'tire the attendance of an accused person ; and if such person fails to attend or untimely departs tl:!e villa.ge committee or headman may punish him under section 12 of th,e Act, o,r l11y a corriplafot against him before a magistrate, for punish ment either _under section 12 (iii) of the Actor under section 174 of the Indian Penal Code. This applies to Goverimient seh;ants as well as to others. . It is necessary that a-suborclinafe official who resides in a village-tract should be required to submit to the village committee's or headman's lawful authority-in all matters. A village committee's or headman's summons to. an accused person to appear before it or him is not a summons issued by a Court wilhin the meaning of section 72 of tqe Criminal Procedure Code, 1898 ; and a village committee or head man is not obliged in summoning a subordinate official to do so through the latter's clepartmental superior." [General Department letter No. 466E29, dated the 29th April 1930.] 8. Paes 117 and 118.-In paragraph 164 under B.-Registers to be kept by Deputy Commi_ssioners, Subdivisional Officers and Township Officers.-Ill. Miscellaneous R t of Headman-the following. Vi!lagt: 21 eg1s er

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25 amendments shall be made in the instructions for the maintenance of the Register :-After the words " a separate sheet should be given to each villagetract and, when a new headman is appointed, the particulars concern ing him should be entered on a fresh sheet of the register, a reference being given to the page of the register where the new entry will be found," insert the following words :" Each village-tract should be allotted two blank pages for future entries." For the words '' when one volume of the register is filled up, a new volume should be opened and paged consecutively to the former, references to it being made in the original indexes, It will have no separate indexes," substitute the words " When a volume of the register is filled up or contains mainly obsolete entries, the useful entries therefrom should be copied into a new volume and the indexes should be written afresh. The preparation of new registers must be done under the personal supervision of the Subdivisional Officer or Township Officer himself in respect of registers in Subdivisional and Township Offices and of the Chief Clerks in respect of the District Office registers." [General Department file No. 410E33.]

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The Burma Village Manual (1926 Edition). Pamphlet No. VI. Corrigenda up to the 31st March 1937. 1. Page 6.-(a) For sub-section (2) of section 5, substitute the following :-" (2) The village headman for every village-tract shall be :1.ppointed by the Deputy Commissioner after he has ascertained the wishes of the villagers by means of an election, provided that the Deputy Commissioner may reject the application of any of the candidates by reason of his standing or character or residence or of any physical or mental disqualification. The Deputy Commissioner may, with the previous sanction of the Commissioner, over-rule the result of :1.n election by the villagers-(a) if the candidate so elected owed his election to the exercise of undue influence or to intimidation ; (b) if the candidate so elected cannot furnish such security as is or may be prescribed in this behalf ; Cc) if in Upper Burma the candidate so elected is not an hereditary claimant ancl an hereclitary claimant was among the candidates and is a man of approved clnracter and otherwise qualitiecl for appointment as village headnian." (b) For the lhird footnote substitute the following :-Amended b\' Burma Act III of 1935, section 2. On this subject, see paragraphs 5-8, pages 76 and 77. Instructions about Myothugyis in Upper ilurma are contained in paragraphs 18-25, pages 79-81. About status and privileges of headmen, see Chapter III, page 82. For Register to be maintained by headmen, see paragraph 164, page 117. [Burma Act III of 1935.] 2. Page 8.-(a) In sub-section (2) of section 6 for the words "such authority as the Local Government may appoint in this behalf '', substitute the words "the Township Judge in whose civil jurisdiction such suit was tried." (b) Fur the second footnote substitute the following ;_ "Substituted by section 2 of Burma Act No. II of 1935." [Burma Act No. II of 1935.J 3. Page 11.-(a) Iu clause (m) of sub-section (1) of section 8 delete the word " and " at the end of the clause. (b) In clause (n) of sub-section (1) of section 8 for the full stop after the word '' duties" _substitute a semi-colon and add the word " and " at the end of the clause. (c) Insert the following as clause (o) to sub-section (1) of section 8 :-,, a (o) generally to adopt such measures and do such acts as the exigency of the village may require."

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32. ) ) 12. Page!08.-'-Fo1paragraph 141 of the Executive Orders, substitute the following:-" Sentences passed by village committees or headmen in criminal cases are subject to revision by the Deputy Commissioner [section 23 (2)] and by Subdivisional Officers (General Department Notification No. 248, date cl the 14th July 1908, as amended by General Department Notification No. 81, dated the 25th May 1925). If necessary in the 1.nterests of justice a sentence passed by a village committee or head men in a criminal case can be set aside and the accused person can be put-upon his trial before a Magistrate for the same offence. The power to revise orders passed by village committee or headmen under section 12 of the Village Act has not been extended to Subclivisional and Township Officers. Cases therefore in which they consider that village committees' or headmen's orders under section 12 should be revised should be submitted with their recommendations to the Deputy Commissioner for orders." 13. Page 109.-For paragraph 142 of the ExecutivelOrclers, substitute the following :" Under the orders noted in the preceding paragraph powers of revision of village committees' or headmen's decisions in criminal cases have been delegated to Subdivisional Officers. It is necessary to emphasize the undesirability of undue interference on revision with orders passed by village committees or headmen in criminal cases. Ordinarily the decision of the village committees or headmen should not be reversed or modified except on the application of a party to the case. It \\ill be necessary for Deputy Commissioners to keep a close watch on the exercise of the revisionary powers by SuLdivisional Officers and to repress any tendency to abuse them. If it is found that any officer is not exercising his powers of revision with discretion, the Deputy Commissioner should apply to have the powers withdrawn." (General Department Notification No. 46, dated the 4th March 1937.)

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( 34 4. Page 46.-(1) After Rule 18B, the following shall be itiscrlcd as Rule l81rn, namely :-,, 18BB. The headman of a village-tract which is infected with cholera or small-pox may,qrbicl or take all reasonable means to prevent the entrance, into any village under his charge, where the epidemic of cholera or small-pox has broke~ out, of any person (other than a GO\ernment officer cin duty) ,,ho comes from an area which is not inJecteclwilh cholera or small-pox." (2) In Rule 18c after the words ;i Rule 18n II the words '' or Rule 18BB II shall be inserted. [General gcpartment Notification No. 222, elated the 21st October 19\$6.] 5. Pages 49-56.-For rnles regarding '' Duties of the headman and residents of a village-tract in respect of the prevention and suppression of cattle clisease" substituft: the follewi-ng :-"THE CONTAGIOUS DISEASES OFANIMALS (VILLAGES) RULES, 1936." PART 1.-Co"'TROL AND ERADICATIO~ oF CoN'l'AGIOus OR INFECTIOUS DlSEASES OF ANii\lA,LS. The rules in this part shall apply to all areas in which the Burma Village Act, 1907, is in force. 1. In these rules unless there i's anything repugnant in th,e subject Definitions. or crntext :'(1) '' Animals II inclwle domesticated animals of the following kii-ids :Co\\'s, bulls, bullocks, calYes, buffal0es1 horses, mules, donkeys, elephants, and such other animals as. the Government c f Burma may specify by notification in the Gazette. 12) " Scheduled disease" means a disease of animals1 either menticcned in the Schedule appen.~led to these rules or specified by notification in the Gazcltt. (3) " Ssceptible animal " means any animal whi~h may contract the schednled dist>ase and whi~h has npt been rendered immune by natural or artilicial means. (4) .... Infected " with reference to animals means showing symptoms of a scheduled clisease or, \Yilh reference to buildings, land or ,,:i.ter, contaminated with discharges or excrement from an infected animal. '(5) '' In-contact animals " mea_n susceptible animals, which ha\'e been kept in the same stable, grazing ground, . watering place, working place, or have u!iecl the same equipment, a;; a live or dead animai infected wjth a scheduled disease. (6) " Owner " when used with reference to an animal sh,all inclncle any person who has the animal in his possession or contr.ol. (7) â€¢ Veterinary Officer II means an officer of the Burma Veterinary Department.

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36 S. On an outbreak of any scl1eduled disease in a village-tract being Notification to the conlirmed by the Veterinary Officer-public. ( 1 i the village headman shall affix warning notices of the outbreak of the disease on the village notice-board and in such other places as he may think fit on the request of the Veterinary Officer who shall supply U1e notices ; (2) the village headman shall cause all infected animals found in the village-tract, wheLher ow11ed by residents or Isolation of infected passing through, to be isolated in enclosures animals. erected by tb,,e owners or by the headman in the case of ownerless _animals so as effectively to prevent the escape of the animals and shall require such animals to remain isolated until he gives permission after consulting the Veterinary Officer, for their release from isolation ; and he shall give directions that until release from isolation is permitted-(a) the owners shall lie up the infected animals in such enclosures and shall feed and \\;,i.ter them by hand ; (b) no healthy susceptible q.;1imals shall be allowed to approach nearer to such enclosures than 300 yards, unless they have been recently inoculated against the disease or are allowed to approach by the Veterinary Officer ; (c) the hands and feet of the attendants of the infected animals shall be washed on each occasion when leaving the enclosure ; and (d) the manure and litter from such animals ehall be buried or burnt daily by the attendants ; (3) the village headman shall direct owners or villagers to make such ptovision as may be necessary by construe-Segregation of in-tion of fences or otherwise to prevent in-contact contact animals. animals from straying from the area set apatt under Rule 21 sub-tule (1), and shall cause all in-contact animals to be kept therein until the Veterinary Officer authorizes their removal ; (4) the village headman shall make arrangements (aJ to prevent in-contact animals from using the same grazing grounds or watering places aE other susceptible animals, and (b) to prohibit all susceptible animals from entering or leaving the village-tract while an outbreak of a scheduled disease is in progress ; (5) the village headman shall send a report in the form* presci-ibed to the Township Officer every seven days during the continuance of an outbreak of a scheduled disease. 6. The village headman shall order every infected carcase and any carcase found in his village-tract to be buried by 0fntei:1:ci the owner or villagers together with all dung, litter, grain, straw. or other material which may have come into contact with the dead animal, within twelve hours after death or being found and at a place set apart in accordance with Rule 2, sub~rule (2). If for sufficient reason ~uch place cannot be used for burial the carcase shall be buried at a place as near as possible to the spot where the death occurred but at a distance of not less than 300 yards from any house, cattle-pen or watering place. The grave shall be dug to a depth which will ensure Disposal cases and materials. * Veterinary. p O b c,D, 12 regress Report on ul reak.

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( 37 ) that the carcase can be covered with at least six feet of earth, ancl the carcase shall be plclced in the grave without removal of hide and horns: The hide shall then be slashed so as to render it unfit for tanning or any other use, except where Anthrax or Black Quarter is suspected when the skin shall not be slashed at burial : provided that if, on account of floods or any other cause. it is not possible to bury the carcase it shall be burnt, together with thP, hide and horns or other-wise dispos~d of as the V ~terinary Officer may direct. , 7. No person shall sell or otherwise dispose of any animal infected Carcase material. with a ~chedulecl disease;-@râ€¢ofits carcase or at(v part of 1t, ancl no perscm shall disinter any carcase of any infected animal after it has been buried. The
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38 through a village-tract, except along the routes, if any; and subject to the conditions, it any, prescribed by ihe Deputy Commissioner in his )rder. 12. On the 1'eport of an outbreak of any scheduled disease in a village-tract the Veterinary Officer shall make Veterinary Inspection. --such inspection of animals in the village-tract and neighbouring tracts as he may think fit, and may require all or any owners resident in or passing through the village-tracts to bring their animals for inspection to convenient Places and at such time as he may direct, .,and may issue such instructions to the village headman for the bettercanying out of these rules as may appear to him to be expedient in consequence of his inspection; provided that the Veterinary Officer shall ordinarily inspect the animals -in the places where they are usually k~pt. _ _ 13. On the occurrenc_e_pf an outbreak of any scheduled disease, for Inoculation. . which any preventive, curative or .diagnostii inoculation has been approved by the Government of Burma, the Deputy Com111is!;lioner, after consultation with a Veterinary Officer, may direct that such inoculation shall be carried out upon animals with tbe consent of the owners in the district or in any 12art of the district, and that animals so treatedor-inoculated may, with the consent of the owners, be permanently markecl ; andshall notify such orders to the headman of the village-tracts concerned. Susceptible animals which have been inoculated with living vaccines, and, as a result, are reacting to the disease, shall be treated as in-contact animals under Rule 5, sub-rul1:, (2). 14. The village headman may, and on receipt of notice of the Deputy Commissioner's order under Rule 9, sub-rule (2), shall, when advised by a Veterinary Officer-in-charge of an inoculation party, direct owners, who do not wish to have their animais inoculated, to segregate and secure their animals in an enclosure erected at their own expense in a place set apart for this by the headman. Such owners. shall not remove the animals or allow them to be removed froni. such place nntil permitted to do so by the headman as instructed by the Veterinary Officer. Any animals removed from segregation in contravention of this rule may be inoculatec\ by the Veterinary Officer. 15. The village headman may require any persc,n temporarily or permanently resident in his village-tract to carry out any instructions which may be given in accordance \, ith these rules by the \I eterinary Officer. 16. Nothing in these rules shall prevent a Veterinary Officer from Specimens for removing infected or in-contact animals or other diagnosis. animals or carcases or any parts of carcases from the infected area for the purpose of laboratory diagnosis or investigation. SCHEDULE. "Schedule of Diseases of Animals." Rinderpest Foot-and-Mouth disease. Anthrax. Black Quarter: Hremorrhagic Septicremia. Tuberculosis. Surra. Glander, or Farcv. Epizootic Lymphangitis. Rabies.

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39 PART 11.-RF.GISTHATION OF CATTLE DEATHS. The rules in this part shall apply to all areas in \\'hich the Burma Village Act, 1907, is in force except lhe undermentioned areas:-(i) The Pyimva Circle of the Akyab Dislrict. (ii) The Hill District of Arakan. (iii) The Sah\een District. (iv) The Yeyair.an Hill Tract of the Kyankse District. (v) The Bhamo District. (vi) The Kachin Hill Tracts of the Myitkyina District. (vii) The follo\\'ing village-tracts in the Ngape and Sicloklaya To\\'nships of the Minbn District :-1. Aukmagan. 2. Aletrnagan. 3. Linywa. 4. Nyaungyaw. S. Bonbaw. 6. Gokkvi. 7. Hmcinscin. 1. Apaw. 2. Daing. 3. Kanyaw. 4. Kwetchaung. 5. Mahawdaung. 6. Ngatazok. 7 Ngatkyi. 8. Pyingyi. N gape Township. 8. Linde. 9. Maton. 10. Pabwe. 11. Pazi. 12 Satsi. 13. Sabauk. 14. Sayan.. Sid11klaya Tow11ship. 9. Sinchaung. 10. Tauksf,k. 15. Sundet. 16. Sabi (Nurlh). 17. Taywadaing. 18. Taungzaâ€¢,k. 19. Yabein. 20. Laukpalc. 11. Sitngan under i'a-ai11g i\lyollrngy1 12. Thetkegyi11 under P::t-aing Myotliu,(yl. 13. \\'i11zi11 under Pa-aing Myotlwgyi.
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The Burma Village Manual (Edition, 1926). Pamphlet No. IX. Corrigenda up to the 28th February 1938. 1. Page 27.-Delele General Department Notification No. 126, dated the 29th June 1932, relating to the appointment of headmen, inserted by Item 1 of Pamphlet No. III. [General Department Notification No. 47, dated the 4th March 1937.] 2. Page 33.-In Rule 13 of the rules to regulate the trial of civil suits by headmen or village committees, as subsequently amended, for the words "has passed" substitute the words "have passed," and for the words'' Township Officer with an application for revision under General Department Notification No. 249, elated the 14th July 1908, as subsequently amended " substitute the words " Township Judge in whose civil jurisdiction such suit was tried with an application for revision." [Burma Act II of 1935.] 3. Pages 46 and 47.-(a) For Rule 18A, as amended, substitute the following:-,, 18A. The headman shall at once send a report in Form 'Public Health 9S ' with all particulars mentioned therein to the Township Officer, Subdivisional Officer, or Deputy Commissioner, whichever officer happens at the time to be nearest, of the occurrence of every case of plague, cholera, small-pox, or any unusual sickness or mortality from whatsoever cause among human beings within his village-tract : Provided that in the Tenasserim Division, the Commissioner, whenever necessary, may allow the headman to report to the nearesl Police Station instead of to the officers specified above." (b) Under Rules 18A and 181, insert the following as a foot-note:" The officers receiving such reports shall immediately transmit them by telegram to the District Health Officer." [Miscellaneous Department Notification No. 281, dated the 29th October 1937.] 4. Page 108.-In paragraph 139 of the Executive Orders for the " Miscellaneous" b t t th , . l ,, F . Miscellaneous ". words Form vu 19 su sit u e e \, or c s 01 m vn 19 1 ages . 1 ages B. [Miscellaneous Department letter No. 708B37 (1565i, dated the 4th January 1938, to the Commissioner, Sa11:aing Division.]