577
Housing, Land And Property Laws In Force
THE TRANSFER OF IMMOVEABLE PROPERTY
RESTRICTION ACT (1987)
[Unocial Translation]
Pyithuhlyuttaw Act 1, 1987
[Exact date unknown]
CHAPTER 1
TITLE AND DEFINITION
1. This law shall be called the Transfer of Immoveable Property Restriction Act.
2. The following expressions contained in this Law shall have the meanings given hereunder:-
(a) “State” means Union of Socialist Republic of Burma.
(b) “Foreigner” includes the following –
(i) According to the Burmese Citizen Act, any person who is not a citizen of the Union; any
person who is not a guest citizen or any person who is not allowed to be a citizen.
(ii) According to the Burmese Citizen Act, any person whose citizenship has ceased or any
person who has withdrawn their citizenship, guest citizenship or their allowance to be a
citizen.
(c) “Foreigner owned company” means a company or partnership organization whose
administration and control is not vested in the hands of the citizens of the Union or whose
major interest or shares are not held by citizens of the Union.
(d) “Immoveable property” means land, benets from the land, building and things
constructed or situated on that land and things installed on those buildings.
(e) “Transfer”, “loan”, “sell”, “give away”, “pawn” and “exchange” shall have the meanings
assigned to them in the Transfer of Property Act.
(f) “Give away” shall include donation or “entrusted in believe”.
CHAPTER 2
RESTRICTIONS ON IMMOVEABLE PROPERTY
3. No person shall sell, buy, give away, pawn, exchange or transfer by any means immovable
property with a foreigner or foreigner owned company.
4. No foreigner or foreign owned company shall acquire immovable property by way of
purchase, gift, pawn, exchange or transfer.
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Housing, Land and Property Rights in Burma: The Current Legal Framework
5. No person shall grant a lease of immovable property, for a term exceeding one year:
(a) To a foreigner or foreigner owned company.
(b) No foreigner or foreigner owned company shall receive a lease of immovable property,
for a term exceeding one year.
6. Whenever a foreigner dies or departs totally to a foreign country or is deported, the
relevant Ministry shall scrutinize each case with the relevant procedures and, as regards any
relevant immovable property owned by the foreigner, either:
(a) Allow inheritance according to the law.
(b) Conscate the immovable property as state-owned property.
7. If the inheritance is allowed according to Section 6 subsection (a), the heir who will
inherit the immoveable property should be in accordance with any Court decision made
under th Inheritance Act or agreement between the inheritors.
CHAPTER 3
REGISTRATION
8. A foreigner or foreigner owned company must register any immoveable property and the
location of such immoveable property in the state concerned to the respective Township
People Council according to the relevant procedure.
9. Prior to the enactment of this law, any foreigner who is staying abroad or a foreigner
owned company must register their immoveable property and the location of such to the
respective Township People Council according to the relevant procedure through their
agent.
10. Executive members of Township People Council must inquire and investigate any
concealment of registration mentioned under Section 8 and 9, according to the relevant
procedure.
CHAPTER 4
PENALTIES
11. Whoever contravenes the provisions of section 3 or 4 shall be sentenced to a minimum
of three years and a maximum of ve years imprisonment and the relevant immovable
property shall be conscated as public property.
12. Whoever contravenes the provisions of section 5 shall be punished with a ne not
exceeding three times the rent agreed upon for the entire period of the lease and the relevant
immovable property shall be conscated as public property.
579
Housing, Land And Property Laws In Force
13. Whoever if found, after enquiry by the Township People Council, to have contravened
the registration provisions in section 8 or section 9, shall be sentenced to a minimum of one
year and a maximum of three years imprisonment and the relevant immoveable property in
the case shall be conscated as public property.
CHAPTER 5
GENERAL
14. The relevant Ministry may allow exemptions from the provisions of this Act to a foreign
government for the use of its diplomatic mission accredited to the Union of Burma or to
United Nations’ organizations or to any other organizations of individuals.
15. The provision of this Act do not apply to companies or organizations that have relevant
benecial contracts with the state.
16. The relevant ministry, assigned by the cabinet of ministers, can scrutinize and decide to
allow registration or not of immoveable property that was in the registration oce before
this act was prescribed.
17. Prior permission from the relevant ministry is required prior to any prosecution of
oences committed under this Act.
18. To carry out the provisions of this act, the relevant ministry shall:
(a) Issue necessary procedures with the agreement of the cabinet of ministers.
(b) Issue necessary orders and directives.
19. The following enacted law and bye-law are hereby withdrawn.
(a) The Transfer of Immoveable Property (Restriction) Act, 1947.
(b) The Transfer of Immoveable Property (Restriction) Act, 1956.