REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 36] NEW DELHI, FRIDAY, OCTOBER 7, 1983/ASVINA 15, 1905 (SAKA) Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 1th October, 1983/Asvina 15, 1905 (Saka) THE CHANDIGARH DISTURBED AREAS ORDINANCE, 1983 No, 6 OF 1983 Promulgated by the President in the Thirty-fourth Year of the Republic of India.
An Ordinance to make better provision for the suppression of disorder and for the restoration and maintenance of public order in disturbed areas in Chandigarh.
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 and of all other powers enabling him in 1hat behalf, the President is pleased to promulgate the following Ordinance: —
1. (1) This Ordinance may be called the Chandigarh Disturbed Areas Ordinance, 1983.
(2) It extends to the whole of the Union ,territory of Chandigarh.
(3) It shall come into force at once.
(1) Short title, extent and commencement.
a THE GAZETTE OF INDIA EXTRAORDWARY [PART II—SBC. 1]
2. In this Ordinance,—
(a) "Administrator" means the Administrator of the Uniuu territory of Chandigarh appointed under article 239 of the Constitution;
(b) ''disturbed area" me^ns the area which is for the time being declared by notification under section 3 to be a disturbed area.
3. The Administrator may, by notification in the Official Gazette, declare that the whole or any part of the Union territory of Chandigarh as may be specified in the notification is a disturbed area.
4. Any Magistrate or Police Officer not below the Tank of Sub-Inspector or Havildar in case of the Armed Branch of the Police may, 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 contraveniion 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.
5. Any Magistrate or Police Officer not below the rank of a Sub- Inspector may, 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 training camp for armed volunteers or utilised as a hideout by armed gangs or absconders wanted for any offence.
6. No suit, prosecution or other legal proceedings shall be instituted except with the previous sanction of the Administrator against any person in respect of anything done or purporting to be done in exercise of the powers conferred by sections 4 and 5.
ZAIL SINGH, President.
Definitions.
Powers to declare uieasi to be disturbed areas, Power to fire upon persons contravening ceitain orders.
Powers to destroy armb dump, lortifled positions, etc.
R. V. S. PERI SASTRI, Secy, to the Govt. of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS. MINTO ROAD, NEW DELHI MSID PUBLISH!!! BY THF CONTROLLER OF PUBLICATIONS, DELHI, 1983 Pi otection of persons ncting undet sections 4 and 5.