The Upper Myanmar land and Revenue Regulation(application) Act,1960

Myanmar Law Information System (MLIS) THE UPPER MYANMAR LAND AND REVENUE REGULATION (APPLICATION) ACT, 1960. သမတအိမ်တတ ်၊ ရန်ကုန်မမိ ြို့ THE UPPER MYANMAR LAND AND REVENUE REGULATION (APPLICATION) ACT, 1960. [SHAN STATE ACT NO. 1 OF 1960.] ၁၃၂၂ ခုနှစ်၊ တတ ်သလင််းလပြည့်တက ် ၈ ရက်။ (၁၉၆၀ ခုနှစ်၊ စက်တင်္ဘ လ ၁၂ ရက်။) [ Amendment : 18.06.1989 ] ဖွဲ့စည််းအုပ်ခ ျုပပ် ု အခ ခခ ဥပခေအရ၊ ခအောကခ် ဖေါ် ပပါ အက်ဥပခေကုထတု ် ပန်ခက ညောသည်။ Whereas it is expedient to make provisions for the assessment and collection of land revenue in the Shan State . It is hereby enacted as follows:- 1. (i) This Act shall be called the Upper Myanmar Land and Revenue Regulation (Application) Act, 1960; and (ii) It shall come into force on such date or dates as the Head of the Shan State may appoint and different dates may be appointed for different areas. <Amendment 18.06.1989> 2. The Upper Myanmar Land and Revenue Regulation as effective on the first day of January,1947 and as amended by the Union of Myanmar (Adaptation of Laws) Order, 1948, hereinafter referred to as the Regulation, shall come into force in the Shan State with the following modifications:- (i) Sections 1 and 2 shall be omitted. (ii) Sub- section (1) of section 3 shall be omitted. (iii) For sub-section (6) of section 3 the following shall be substituted:- “(6) ‘headman’ includes a village headman, a wardheadman appointed under section 5 of the Towns Act and any other person fulfilling the functions of a headman under the customary law and recognized as such by the Commissioner of the Division.” (iv) For section 23, the following section shall be substituted:-“23. ‘State land’ shall mean- (a) land wholly or partly at the disposal of the Government of the Shan State; (b) land formerly at the disposal of the Chief of State, excluding land so disposed of or retained by him before 27th April 1959; (c) islands and alluvial formations in rivers and lakes; Provided that- Page 1 of 4

Myanmar Law Information System (MLIS) THE UPPER MYANMAR LAND AND REVENUE REGULATION (APPLICATION) ACT, 1960. (i) no land shall be deemed to be state land which has been uninterruptedly occupied and worked by an individual or his predecessors in tittle for a period of 12 years preceding the date of notification bringing this regulation into force; and (ii) in case of any dispute the Resident shall decide whether any particular land is state land or not.” (v) Section 31 shall be omitted . (vi) The term “Government” wherever it appears in the Regulation shall mean the Shan State Government. (vii) The words “Head of the Shan State” shall be sub-stituted for the words “President of the Union” wherever they appear. <Amendment 18.06.1989> 3. All proceedings relating to matters dealt with by the Regulation and pending at the time this Act comes into force before officers by whom the said proceedings would be cognizable under the Regulation shall be deemed, so far as may be, to have been commenced under the provisions of the Regulation. 4. The notifications or parts thereof, shown below shall be deemed to be cancelled in the areas and on the dates this Act is brought into force:- (i) Political Department Notification No. 3, dated the 28th January, 1897, relating to “Officers having jurisdiction under the Upper Myanmar Land and Revenue Regulation in the Shan States”; (ii) Political Department Notification No. 11, dated the 11th April, 1907, relating to “Officers having jurisdiction under section 26 of the Upper Myanmar Land and Revenue Regulation in Taunggyi and Lashio”; (iii) Political Department Notification No. 44, dated the 12th December, 1907, extending section 26 of the Upper Myanmar Land and Revenue Regulation to and appointing revenue officers for the notified area of Lashio; (iv) Political Department Notification No. 4, dated the 22nd January, 1907, appointing revenue officers to exercise jurisdiction under section 22 and Chapter IV of the Upper Myanmar Land and Revenue Regulation in and for Taunggyi, Loilem and Lashio; (v) So much of Political Department Notification No. 3, dated the 1st January, 1914, as is concerned with appointment of revenue officers having jurisdiction under the Upper Myanmar Land and Revenue Regulation ; Page 2 of 4

Myanmar Law Information System (MLIS) THE UPPER MYANMAR LAND AND REVENUE REGULATION (APPLICATION) ACT, 1960. (vi) Political Department Notification No. 17, dated the 1st April, 1929, relating to “Officers having jurisdiction under sections 22, 26 and 37 to 46 of the Upper Myanmar Land and Revenue Regulation in the Civil Station of Loilem”; (vii) Political Department Notification No.38, dated the 27th December, 1933, defining the “Rules for the disposal of state land in the Shan State”; (viii) Revenue Department Notification No.77, dated the 27th May, 1913, as amended, defining the “Rules for the disposal of state land in the notified areas of Lashio, Taunggyi and Kalaw”; (ix) Revenue Department Notification No. 81, dated the 18th July, 1914, relating to the “Extension of Rules for the disposal of state land in notified areas in the Shan States to the notified area of Kalaw”; (x) Notification by the Commissioner, Federated Shan States, No.70, dated the 10th August ,1931, defining the “Rules for the recovery of Revenue by Process in the notified areas of Taunggyi, Kalaw and Lashio”; (xi) Revenue Department Notification No. 63, dated the 1st April, 1929, defining the “Rules for the levy and assessment of Thathameda-tax in the Civil Station of Loilem”; (xii) Political Department Notification No. 7, dated the 2nd April, 1897, relating to the “Appointment of Revenue Officers”; (xiii) Political Department Notification No. 2, dated the 10th January, 1917, relating to the “Appointment of Officers to collect revenue from the Kachins of North Hsenwi”; and (xiv) Political Department Notification No. 3, dated the 10th January, 1917, providing the “Order relating to the collection of revenue in the Kachin Circles of North Hsenwi.” <Amendment 18.06.1989> ဖွဲ့စည််းအုပ်ခ ျူပ်ပုအခ ခခ ဥပခေအရ၊ ကျွန်ုပ် လက်မတှ ်ခရ်းထု်းသည်။ ဦ်းဝင််းခမောင်၊ နုင်ငခတော်သမတ၊ ပည်ခထောင်စု မန်မောနုင်ငခတော်၊ ရနက် ုန်မမျုွဲ့၊ ၁၃၂၂ ခုနှစ၊် ခတော်သလင််းလ ပည့်ခက ော် ၈ ရက။် (၁၉၆၀ ခုနှစ၊် စက်တင်္ဘောလ ၁၂ ရက်။) အမနအ့် ရ၊ Page 3 of 4

Myanmar Law Information System (MLIS)THE UPPER MYANMAR LAND AND REVENUE REGULATION (APPLICATION) ACT, 1960. သောထက်၊ နုင်ငခတော်သမတ၏အတင်် းဝန။် [အမတှ ် ၄၅] Page 4 of 4