The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, MONDAY, AUGUST 11, 1947
GOVERNMENT OF INDIA
LEGISLATIVE DEPARTMENT
New Delhi, the 11th August, 1947
ORDINANCE No. XI of 1947
AN
ORDINANCE
to confer certain special powers upon officers of the armed forces in certain disturbed
areas of Bengal
WHEREAS an emergency has arisen which makes it necessary to confer certain special powers upon officers of the armed forces in certain disturbed areas of Bengal ;
AND WHEREAS the Indian Legislature is not in session ;
Now, THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act, as sot out in the Ninth Schedule to the Government of India Act, 1935 (26 Geo. 5, o. 2), the Governor General in pleased to make and promulgate the following Ordinance :—
1. Short title, extent and commencement.—(1) This Ordinance may be called the Bengal Disturbed Areas (Special Powers of Armed forces) Ordinance, 1947,
(2) It extends to the whole of Bengal.
(3) It shall come into force at once.
8. Special powers of officers of military or air forces.—Any commissioned officer, warrant officer or non-commissioned officer of HIS Majesty's military or air forces may, in any area for the time being declared by notification under section 8 of the Bengal Disturbed Areas Ordinance, 1947, to be a disturbed area —
(a) exercise the powers conferred by section 4 of the Raid Ordinance upon a police officer not below the rank of AssistantSub-Inspector;
(6) arrest without warrant any person who has committed a cognizable offence, or against whom a reasonable suspicion exists that he has committed or 1B about to commit a cognizable offence ;
734 THE GAZETTE OF INDIA EXTRAOBDINAEY, AUGUST, 11, 1947(c) enter and searoh, without warrant, any premises to make any euoh arrest as aforesaid, or to reoover any person believed to bo wrongfully restrained or confined, or any property reasonably suspected to be stolen property, or any arms believod to be unlawfully kept, in such premises.
3. Protection ol person/I acting under this Ordinance.—No prosocution, suit or other legal proceeding shall be instituted, exoept with the previous sonotion of the Central Government, against any person in respect of anything done or pur- porting to be done in exeroise of the powers conferred by seotion 2.
MOUNTBATTEN OF BURMA,
Viceroy and Governor General.
SHAVAX A. LAL,