CHAPTER IV

  1. (1) Notwithstanding anything contained in any law for the time being in force, the President of the Union may, by notification, appoint Special Judges to try offences specified in Schedule I or offences under this Act, and may appoint the place at which such Special Judge shall sit;

Provided that in the absence of an order of the President of the Union appointing the place of sitting at Special Judge may sit at such place as may be appointed by himself.

(2)     The President of the Union may, by special or general order, direct that cases relating to offences specified in Schedule I pending in any Court in the Union of Burma be transferred to such Court of a Special Judge as may be specified in the order.

(3)     Any person, who has for at least one year served as, and exercised the powers of, a Sessions Judge or who has for at least one year exercised the power of a District Magistrate or who has been a Magistrate of the first class invested with powers under section 30 of the Code of Criminal Procedure, may be appointed a Special Judge under sub-section (1).

Provided that in such areas as the President of the Union may, by order in writing specify, a person who has for at least one year exercised the powers of a Magistrate of the first class may be appointed a Special Judge.

(4)     Unless the President of the Union by order directs otherwise, offences under this Act shall be tried by Courts within the jurisdiction of which such offences are committed.

(5)     Any person who has been tried and committed by the Special Judge appointed under this Act, may appeal to the High Court;

Provided that the provisions of sections 4 1 2 and 4 1 3 of the Code of Criminal Procedure shall apply to such appeals as if such person has been convicted by a Court of Sessions.

(6)     The cases tried and decided by the Special Judge appointed under this Act may be subject to revision by the High Court, and the provisions of sections 4 3 5 to 4 4 2 of the Code of Criminal Procedure shall apply to such revisions.

  1. An application under section 526 of Code of Criminal Procedure for transfer of a case pending in the Court of the Special Judge appointed under this Act may be made to the High Court. If the High Court is of opinion that the case should be transferred, it shall report to the President of the Union recommending such transfer. On such report the President of the Union shall appoint another Special Judge and transfer the case to him.
  2. Notwithstanding anything contained in this Act, the Board and the officers of the Bureau, as the case may be, shall exercise and discharge the powers and duties exercised and discharged by the Public Property Protection Committee and the officers and men of the Public Property Protection Police Bureau of Investigation, as the case may be, under any law for the time being in force, and any legal proceedings taken or investigation made by the said committee or the said Police Bureau of Investigation shall continue to be taken or made by the Board or by the officers of the Bureau, as the case may be,
  3. The President of the Union may, by notification, amend any provision in Schedule I by alteration, addition or cancellation and such amendment shall have effect as a provision made by this Act.
  4. (1) No suit, prosecution or other proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

(2)     No suit or other proceeding shall lie against the Union of Burma for any damage caused or likely to be caused by anything done be intended to be done under this Act.

  1. (1) The President of the Union may, by notification, make rules not inconsistent with the provisions of this Act for the purpose of giving effect to the provisions of this Act.

(2)     In particular and without prejudice to the generality of the foregoing powers such rules may prescribe:

(a)      the procedure to be followed in inquiries into the conduct of officers of the Bureau ; and

(b)     the cases in which and the authorities to whom an officer of the Bureau shall be entitled to appeal from the order which is to his disadvantage ; provided that no such officer shall be entitled to more than one appeal against such order.