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PUNJAB DISTURBED AREAS ACT, 1983
32 of 1983
8th December, 1983
STATEMENT OF OBJECTS AND REASONS The activities of the extremists, terrorists and secessionists elements in the State of Punjab and the Union Territory of Chandigarh have been a matter of serious concern. These persons have been indulging in violent activities, terrorist methods and encouraging illegal activities In order to arm the police authorities in Punjab With additional powers to deal with the situation which had arisen as a result of these activities and to restore conditions of peace and normalcy in Punjab, the President promulgated on the 7th day of October. 1983 the Punjab Disturbed Areas Ordinance. 1983 (No. 5 of 1983). 2. The Bill seeks to replace the Ordinance.-Gaz. of India. 1.5-11-1983, Pt. U.S. 2. Ext..p. 3.
An Act to make better provision for the suppression of disorder and for the restoration and maintenance of public order in disturbed areas in Punjab. BE it enacted by Parliament in the Thirty -fourth Year of the Republic of India as follows :-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called The Punjab Disturbed Areas Act, 1983.
(2) It extends to the whole of the State of Punjab.
(3) It shall be deemed to have come into force on the 7th day of October, 1983.
SECTION 02: DEFINITION
In this Act, "disturbed area" means an area which is for the time being declared by notification under Section 3-to be a disturbed area.
SECTION 03: POWERS TO DECLARE AREAS TO BE DISTURBED AREAS
The State Government may, by notification in the Official Gazette, declare that the whole or any part of any district of Punjab as may be specified in the notification, is a disturbed area.
SECTION 04: POWER TO FIRE UPON PERSONS CONTRAVENING CERTAIN ORDERS
Any Magistrate or Police Officer not below the rank 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 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.
SECTION 05: POWERS TO DESTROY ARMS DUMP, FORTIFIED POSITION, ETC
Any Magistrate or Police Officer not below the rank of a Sub-Inspector may, if he is of the 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 utilized as a hide-out by armed gangs or absconders wanted for any offence.
SECTION 06: PROTECTION OF PERSONS ACTING UNDER SECTIONS 4 AND 5
No suit, prosecution or other legal proceedings shall be instituted except with the previous sanction ofthe2[Central Government] against any person in respect of anything done or purporting to be done in exercise of the powers conferred by Sections 4-and5-
SECTION 07: REPEAL AND SAVING
(1) The Punjab Disturbed Areas 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.
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