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ARMED FORCES (JAMMU AND KASHMIR) SPECIAL POWERS ACT, 1990
THE ARMED FORCES (JAMMU AND KASHMIR) SPECIAL POWERS ACT, 1990
No. 21 OF 1990
[10th September, 1990.]
An Act 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.
Be it enacted by Parliament in the Forty-first Year of the Republic of India as follows:
1. Short title, extent and commencement
(1) This Act may be called the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 5th day of July, 1990.
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 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 (45 of 1950), or the Army Act, 1950 (46 of 1990), shall have the meanings respectively assigned to them in those Acts.
3. Power to declare areas to be disturbed areas.
If, 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 front 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 the 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. 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 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 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;
(c) arrest, without warrant, any persons 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 wrongful restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawful 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 persons 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 be necessary to effect such stoppage, search or seizure, as the case may be.
5. Power of search to include powers to break open locks, etc.
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.
6. Arrested persons and seized property to be made over to the police.
Any person arrested and taken into custody under this Act and every property, arms, ammunition or explosive substance or any vehicle or vessel seized under this Act, shall be made over to the officer-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, arms, ammunition or explosive substance or any vehicle or vessel, as the case may be.
7. Protection of persons acting in good faith under this Act.
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.
8. Repeal and saving.
(1) The Armed Forces (Jammu and Kashmir) Special Powers Ordinance, 1990 (3 of 1990), 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.
CORRIGENDA
In the Constitution (Sixty-sixth Amendment) Act, 1990 as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 7th June, 1990 (Issue No.32),-
At page 1, in second line from the bottom, for “Regulation, 1963 (Andhra Pradesh Regulation 2 of” read “Regulation, 1970 (Andhra Pradesh Regulation 1 of”.
At page 2, in line 7, for “(Bihar Act 8 of 1985)” reads “(Bihar Act 8 of 1885)”.
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 103] Srinagar, Fri., the 6th July, 90/15th Asa., 1912. [No.14-1
PART I-B
Jammu and Kashmir Government –
Notifications.
…….
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT – HOME DEPARTMENT.
SRO NO. SW 4 Dated 6-7, 1990
In exercise of the powers conferred under section 3 of the Armed Forces (Jammu and Kashmir) Special Powers Ordinance, 1990, the Governor of Jammu and Kashmir hereby notifies the areas given in the Schedule to this notification as Disturbed Areas.
(Sd.)……….…………………….
Additional Chief Secretary (Home),
Jammu and Kashmir Government.
…….
SCHEDULE
1. Areas falling within 20 Kms. of the Line of Control in the Districts of Rajouri and Poonch.
2. Districts of Anangtnag, Baramulla, Badgam, Kupwara, Pulwama and Srinagar.
(Sd.)……….…………………….
Additional Chief Secretary (Home),
Jammu and Kashmir Government.
Government of Jammu and Kashmir
Civil Secretariat Home Department
NOTIFICATION
SRINAGAR, THE 10TH AUSUGT, 2001
SRO 351: Whereas the Governor is of the opinion that the State is in such a disturbed condition that the use of Armed Forces in the aid of civil power is necessary to prevent the activities involving terrorists acts directed towards striking terror in the people;
Now, therefore, in exercise of the powers conferred by section 3 of the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990, the Governor hereby declares the districts of Jammu, Kathu, Udhampur, Poonch, Rajouri and Doda to be disturbed areas in addition to districts, Srinagar, Budgam, Anantnag, Pulwama, Baramulla and Kupwara which stand already so declared.
By order of the Governor
Principal Secretary to Government
Home Department
NO:Home-219/97-ISA dated 10.8.2001.
Copy for information to:-
1. Chief Secretary, J&K, Srinagar.
2. Secretary, Ministry of Home Affairs, Govt. of India, New Delhi.
3. Secretary, Ministry of Defence, Govt. of India, New Delhi.
4. Joint Secretary (K-I), MHA (Deptt. of J&K Affairs), New Delhi.
5. Principal Secretary to HE the Governor.
6. Principal Secretary to Hon’ble Chief Minister.
7. Commr/Secretary, Law.
8. Director General Police, Srinagar.
9. Director General, BSF, New Delhi.
10. Director General, ITBP, New Delhi.
11. Director General, CRPF, New Delhi.
12. GOC, XVI Corps C/o 56 APO
13. GOC, XV Corps C/o 56 APO
14. GOC, XIV Corps C/o 56 APO
15. Divisional Commissioner, Jammu.
16. Director Information, J&K, Srinagar.
17. All District Magistrates of Jammu Division.
18. All District Superintendents of Police, Jammu Division.
19. Pvt. Secretary to Hon’ble MOS(Home)
