REGISTERED No. D. 221 The Gazette of India EXTRAORDINARY
PART II Section I PUBLISHED BY AUTHORITY No. 18] NEW DELHI, THURSDAY, MAY 22, 1958/JYAISTHA 1, 1880 MINISTRY OF LAW New Delhi, the 22nd May, 1958/Jyaistha 1, 1880 (Saka) THE ARMED FORCES (ASSAM AND MANIPUR) SPECIAL POWERS ORDINANCE, 1958 No. 1 OF 1958 Promulgated by the President in the Ninth Year of the Republic of India.
An Ordinance to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the State of Assam and the Union territory of Manipur.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: —
1. (1) This Ordinance may be called the Armed Forces (Assam find Manipur) Special Powers Ordinance, 1958.
(2) It extends to the whole of the State of Assam and the Union territory of Manipur.
(3) It shall come into force at once.
Short title, extent and commencement.
2. In this Ordinance, unless the context otherwise requires,—
(a) "armed forces" means the military forces and the air forces operating as land forces, and includes any other armed forces of the Union so operating;
Definitions.
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(b) "disturbed area" means an area which is for the time being declared by notification under section 3 to be a disturbed area;
(c) all other words and expressions used herein but not denned and denned in the Air Force Act, 1950, or the Army Act, 1950, shall have the meanings respectively a&figned to them in those Acts.
45 of 1950.
46 of 1950.
3. If the Governor of Assam or the Chief Commissioner of Manipur is of the opinion that the whole or any part of the State of Assam or the Union territory of Manipur, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, he may, by notification in the Official Gazette, declare the whole or any part of the State or Union territory to be a disturbed area.
Power to declare areas to be disturbed areas.
4. (1) Any commissioned officer, warrant officer, n;in-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area,—
(a) if he is of opinion that it is necessary so to do for the maintenance of public order, after giving feuch due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances;
(b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as a training camp for armed volunteers or utilised as a hide-out by armed gangs or absconders wanted for any offence;
(c) arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest;
(d) enter and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined cr any property reasonably suspected to be stolen property or any arms, ammunition or Special powers of the armed forces.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 127 explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.
5. Any person arrested and taken into custody under this Ordinance shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.
Arrested per eons to be made over to the police.
6. No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government against any person in respect of anything done or purported Lo be done in exercise of the powers conferred by this Ordinance.
Protection to persons acting under Ordmance.
RAJENDRA PRASAD.
President.
G. R. R^JAGOPAUL, Addl. Secy, to the Govt. of India.
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