REGISTERED No. D(DN)127/88 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 34] NEW DELHI, THURSDAY, JULY 5, 1990/ASADHA 14, 1912 Separate paging fa given to this Port in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 5th July, 1990/Asadha 14, 1912 (Saka) THE ARMED FORCES (JAMMU AND KASHMIR) SPECIAL POWERS ORDINANCE, 1990 No. 3 OF 1390 Promulgated by the President in the Forty-first Year of the Republic of India.
An Ordinance to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the State of Jammu and Kashmir.
WHEWHAS 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 (Jammu and Kashmir) Special Powers Ordinance, 1990.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall come into force at once.
Short title, extent and comment.
(1) 2 THE GAZETTE OF INDiA EXTRAORDINARY [PART II— Definitions.
Power to declare areas to he disturbed aretn.
Special powers of the Armed F»rees.
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;
(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 defined and defined in the Air Force Act, 1950, or the Army Act, 1950, shall have the meanings respectively assigned to them in those Acts.
3. Jf, in relation to the State of Jammu and Kashmir, the Governor of that State or the Central Government, is of opinion that the whole or any part of the State is in such a disturbed and dangerous condition that the use of armed forces in aid of the civil power is necessary to prevent--
(a) activities involving terrorist acts directed towards overawing the Government as by law established or striking terror in, the people or any section of the people or alienating any section of the people or adversely affecting the harmony amongst different sections of the people;
(b) activities directed towards disclaiming, questioning or disrupting the sovereignty |and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and the Constitution of India, the Governor of the State, or thG Central Government, may, by notification in the Official Gazette, declare the whole or any part of the State to be a disturbed area.
Explanation.—In this section, "terrorist act" has the same meaning as in Explanation to article 248 of the Constitution of India as applicable to the State of Jammu and Kashmir.
4. Any commissioned officer, warrant officer, non-commissioned officer 6r 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 such 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 absoonders Wanted for any offence;
(c) arrest, without warrant, any person who has committed a cognizable offence or against, whom a reasonable suspicion exists 45 t>f H»5H.
45 of 1-/50.
SEC, 1J THE GAZETTE OF INDIA EXTRAORDINARY 3 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 or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary, and seize any such property, arms, ammunition or explosive substances;
(e) stop, search and seize any vehicle or vessel reasonably suspected to be carrying any person who is a proclaimed offender, or any person who has committed a non-cognizable offence, or against whom a reasonable suspicion exists that he has committed or is about to commit a non-cognizable offence, or any person who is carrying any arms, ammunition or explosive substance believed to be unlawfully held by him, and may, for that purpose, use such force as may b e necessary to effect such stoppage, search or seizure, as the case may be.
5. Every person making a search under this Ordinance shall have the power to break open the lock of any door,, almirah, safe, box, cupboard, drawer, package or other thing, if the key thereof is withheld.
G. Any person arrested and taken into custody under this Ordinance and every property, arm, ammunition or explosive substance or any vehicle or vessel seized under this Ordinance, shall be made over to the omcer-in-charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest, or as the case may be,, occasioning the seizure of such property, arm, ammunition or explosive substance or any vehicle or vessel as the case may be.
7. 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 to be done in exercise of the powers conferred by this Ordinance.
Power of search to inchido powers to break op-en locks, etc.
Arrested persons and seized property to be made over to the police.
Protection of poisons acting in good faith under thi3 Ordinance.
R. VENKATARAMAN.
President.
V. S. RAMA DE;VI, Secy, to the Govt. of India.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] CORRIGENDA In the Indian Council of World Affairs Ordinance, 1990 (2 of 1990) as published in a Gazette of India, Extraordinary, Part II3 Section 1, dated the 30th June, 1990 (Issue No. 33) ,— At page 4, in line 9, for "a discharged" read "an undischarged".
At page 9,—
(a) in line 10, for "powers" read "power";
(fa) in line 25, for "allowance" read "allowances".
WHNTBB »Y THE MAMA<H», OOVPHNMENT OF INDIA PREa8_ MINTO ROAD, MBW BSLHI* AIH> FCTBUSHBD BT TUB COWTBOLLBR OF PUBLICATIOM8, BHLHI, 1 W 0