42
Wireless Telegraphy.
(2) For the purposes of this section a Court may presume that a person
possesses wireless telegraphy apparatus if such apparatus is under his ostensible
charge, o ris located in any premises or place over which he has effective
control.
(3) If in the trial of an offence under this section the accused is convicted
the Court shall decide whether any apparatus in respect of which an offence
has been committed should be confiscated, and, if it so decides, may order
confiscation accordingly.
Power of
search.
7. (/) A Magistrate of the first class, or a Magistrate of the second
class specially empowered by the President of the Union in this behalf, may
issue a warrant for the search, at any time between sunrise and sunset, of any
building, vessel or place in which he has reason to believe that any wireless
telegraphy apparatus, in respect of which an offence punishable under section
6 has been committed, is kept or concealed*
(2) The officer to whom a search warrant under sub-section (l) is
addressed may enter into any building, vessel or place mentioned in the warrant
and seize any wireless telegraphy apparatus in respect of which he had reason
to believe an offence under section 6 has been committed*
Apparatus
confiscated
or having no
owner to be
property of
State.
8. All wireless telegraphy apparatus confiscated under the provisions of
sub-section (3) of section 6, and all wireless telegraphy apparatus having no
ostensible owner shall be the property of the [State].1
Power to
Court to
direct pay
ment of fines
to prescribed
authority.
9i A Court inflicting a fine as punishment for any offence under section
6 or under the rules made under section 10 may direct that the amount of the
fine or any part of it shall be paid to the prescribed authority to be utilised
for the benefit of a Broadcasting Service approved in this behalf by the
President of the Union.
Power of
President to
make rules.
10.
(1) The President of the Union may, by notification in the Gazette,
make rules 2 for the purpose of carrying into effect the provisions of this Act( 2)
In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for—
(i) determining that any article or class of article shall be or shall not
be wireless telegraphy apparatus for the purposes of this Act ;
(ii) the exemption of persons or classes of persons under section 4 from
the provisions of this Act ;
(iii) the manner of and the conditions governing the issue, renewal,
suspension and cancellation of licences, the form of licences and
the payments to be made for the issue and renewal of licences ;
1 Substituted for the word “ Crown ** by the Unioa of Burma ( Adaptation of Laws) Order
1948.
2 For the Burma Wireless Telegraphy ( Possession) Rults, see Burma Gazette %1937, Part I,
page 1344 ; for amendments, see Burma Gazette, 1940, Part I, page 494.
For the Burma Wireless Receiving Licence Rules, see Burma.Gazette^ 1940, Part I* p^ge 494