Section 1 Short title, extent and commencement.
(1) This Act may be called the Armed Forces (Punjaband Chandigarh) Special Powers Act, 1983.
(2) It extends to the whole of the State of Punjab and the Union territory of Chandigarh.
(3) It shall be deemed to have come into force on the 15th day of October, 1983.
Section 2 Definitions.
In this Act, unless the context otherwise requires,
(a) "armed forces" means the military forces and the air forces operating as land forces, andincludes any other armed forces of the Union so operating;
(b) "disturbed area" means an area which is for the time being declared by notification undersection 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 (45 of 1950), or the Army Act, 1950 (46 of 1950), shall have the meanings respectivelyassigned to them in those Acts.
Section 3 Power to declare areas to be disturbed areas.
If, in relation to the State of Punjab or the Unionterritory of Chandigarh, the Governor of that State or the Administrator of that Union territory or theCentral Government, in either case, is of the opinion that the whole or any part of such State or Unionterritory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces inaid of the civil power is necessary, the Governor of the State or the Administrator of that Union territoryor the Central Government, as the case may be, by notification in the Official Gazette, declare the wholeor such part of that State or Union territory to be a disturbed area.
Section 4 Special powers of the armed forces.
Any commissioned officer, warrant officer,non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbedarea,
(a) if he is of opinion that it is necessary so to do for the maintenance of public order, after givingsuch due warning as he may consider necessary, fire upon or otherwise use force, even to the causingof death, against any person who is acting in contravention of any law or order for the time being inforce in the disturbed area prohibiting the assembly of five or more persons or the carrying ofweapons or of things capable of being used as weapons or of fire-arms, ammunition or explosivesubstances;
(b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortifiedposition or shelter from which armed attacks are made or likely to be made or are attempted to bemade or any structure used as a training camp for armed volunteers or utilised as a hide-out by armedgangs or absconders wanted for any offence;
(c) arrest, without warrant, any person who has committed a cognizable offence or against whoma reasonable suspicion exists that he has committed or is about to commit a cognizable offence andmay 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 torecover any person believed to be wrongfully restrained or confined or any property reasonablysuspected to be stolen property or any arms, ammunition or explosive substances believed to beunlawfully kept in such premises, and may for that purpose use such force as may be necessary, andseize any such property, arms, ammunition or explosive substances;
(e) stop, search and seize any vehicle or vessel reasonably suspected to be carrying any personwho is a proclaimed offender, or any person who has committed a non-cognizable offence, or againstwhom a reasonable suspicion exists that he has committed or is about to commit a non-cognizableoffence, or any person who is carrying any arms, ammunition or explosive substance believed to beunlawfully held by him and may, for that purpose, use such force as may be necessary to effect suchstoppage, search or seizure, as the case may be.
Section 5 Power of search to include powers to break open locks, etc.
Every person making a searchunder this Act 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.
PREMIUM OFFLINE ACCESS
Unlock More Sections Offline
Access complete schedules, rules, forms, and recent amendments offline anywhere, anytime. Carry India's entire Bare Act Library in your pocket.
Download Law4u App
Available on Android & iOS
No matching sections found.