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Armed Forces Punjab & Chandigarh Special Powers Act, 1983 Complete Act

Title: Armed Forces Punjab & Chandigarh Special Powers Act, 1983

State: Central

Year: 1983

Preamble1 - ARMED FORCES PUNJAB AND CHANDIGARH) SPECIAL POWERS ACT, 1983 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Power to declare areas to be disturbed area Section4 - Special powers of the armed forces Section5 - Power of search to include powers to break open locks, etc Section6 - Arrested person and seized property to be made over to the Police Section7 - Protection of persons acting in good faith under this Act Section8 - Repeal and saving

Armed Forces Punjab & Chandigarh Special Powers Act, 1983 Preamble 1

Title: Armed Forces Punjab and Chandigarh) Special Powers Act, 1983

State: Central

Year: 1983

ARMED FORCES PUNJAB AND CHANDIGARH) SPECIAL POWERS ACT, 1983 [Act, No. 34 of 1983] [8th December, 1983] PREAMBLE An Act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the State of Punjab and the Union territory of Chandigarh. BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows: -

Armed Forces Punjab & Chandigarh Special Powers Act, 1983 Section 5

Title: Power of Search to Include Powers to Break Open Locks, Etc

State: Central

Year: 1983

Every person making a search under 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.

Armed Forces Punjab & Chandigarh Special Powers Act, 1983 Section 3

Title: Power to Declare Areas to Be Disturbed Area

State: Central

Year: 1983

If, in relation to the State of Punjab or the Union territory of Chandigarh, the Governor of that State or the Administrator of that Union territory or the Central Government, in either case, is of the opinion that the whole or any part of such State or Union territory, 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, the Governor of the State or the Administrator of that Union territory or the Central Government, as the case maybe may, by notification in the Official Gazette, declare the whole or such part of that State or Union territory to be a disturbed area.

Armed Forces Punjab and Chandigarh Special Powers Act, 1983 Complete Act

State: Central

Year: 1983

.....herein, but not defined and defined in (Air Force Act, 1950), or (Arms Act, 1950), shall have the meanings respectively assigned to them in those Acts. SECTION 3: Power to declare areas to be disturbed area: If, in relation to the State of Punjab or the Union territory of Chandigarh, the Governor of that State or the Administrator of that Union territory or the Central Government, in either case, is of the opinion that the whole or any part of such State or Union territory, 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, the Governor of the State or the Administrator of that Union territory or the Central Government, as the case may be may, by notification in the Official Gazette, declare the whole or 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 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.....

[The] Armed Forcess (Punjab and Chandigarh) Special Powers Act, 1983 Complete Act

State: Punjab

Year: 1983

.....under section 3 to be a disturbed area; (c) All other words and expressions used herein, but not defined and defined in the Air Forces Act, 1950, or the Army Act, 1950, shall have the meanings respectively assigned to them in those Acts. 3. Power to declare areas to be disturbed area. - If, in relations to the State of Punjab or the Union territory of Chandigarh, the Governor of that State or the Administrator of that Union territory or the Central Government, in either case, is of the opinion that the whole or any part of such State or Union territory, 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, the Governor of the State or the Administrator of that Union territory or the Central Government, as the case may be may, by notification in the Official Gazette, declare the whole or such part of that State or Union territory to be disturbed area. 4. Special power 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 disturbed area, - (a) if he is of opinion that it is.....

Armed Forces Punjab & Chandigarh Special Powers Act, 1983 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1983

(1) This Act may be called The Armed Forces (Punjab and 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.

Armed Forces Punjab & Chandigarh Special Powers Act, 1983 Section 7

Title: Protection of Persons Acting in Good Faith Under This Act

State: Central

Year: 1983

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 Act.

Armed Forces Punjab & Chandigarh Special Powers Act, 1983 Section 8

Title: Repeal and Saving

State: Central

Year: 1983

(1) The Armed Forces (Punjab and Chandigarh) Special Powers Ordinance, 1983, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

Armed Forces Punjab & Chandigarh Special Powers Act, 1983 Section 4

Title: Special Powers of the Armed Forces

State: Central

Year: 1983

.....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 firearms, 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 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 or any.....