EXTRAORDINARY
PUBLISHED BY AUTH0E1TY
NEW DELHI, FRIDAY, OCTOBER 3, 1947
GOVERNMENT OF INDIA
MINISTRY OF LAW
New Delhi, the 3rd October 1947
ORDINANCE No. XXII OF 1947
AN
ORDINANCE
to confer certain special powers upon officers of the armed forces in certain
disturbed areas in the United Provinces
WHEREAS an emergency has arisen which makes it necessary to confer cer- tain special powers upon officers of the armed forces in certain disturbed areas of the United Provinces;
Now, THEREFORE, in exercise of the powers conferredbysection 42 of the Government of India Act, 1935 (26 Geo. 5, c 2) as adapted by the India (Pro- visional Constitution) Order, 1947, the Governor General is pleased to make and prormulgate the following Ordinance:—
1. Short title, extent and commencement.—(1) This Ordinance may he called the United Provinces Disturbed Areas (Special Powers of Armed Forces) Ordi- nonce, 1947.
(2) It extends to the whole of the United Provinces.
(8) It shall come into force at once. i. Special powers of officersofmilitary or air forces.—Any commissioned officer, warrant officer or non-commissioned officer of His Majesty's military or air f o r c es m a y, in a ny area in r e s p e ct of w h i ch a p r o c l a m a t i on u n d er s u b- s e c t i on ( 1) of s e c t i on 15 of t he " P o l i ce A c t, 1861 (V of 1 8 6 1) is f or t he t i me b e i ng
in force or which is for the time being byanyformof words declared by the Provincial Government under any other law to be a disturbed or dangerous area,—
(a) if in his opinion itisnecessary so to do for the maintenance of public order, after giving such warning, if any, as he may consider neces- mary, fire upon or otherwiseuseforce, even to the causing of death, against any person who is acting in contravention ofanylaw or order for the time beinginforce in the said area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons;
1134 THE GA2E1TE OF INDIA EXTBAOBDINARY, OCT. 3, 1947(ij enter and fceareh, without warrant, any premises to make any "ucii airest aa aforesaid, or to recovei any perwm believed to bo wrongfully restrained or confined, or ttn^ property reasonably su&pected to be stolen property, or any aims believed to be unlawhillj kept, m such premises.
13. Protectiqa oi peiBonB acting undfirl tjtus OBdJman,ce;(>—No proeecution, euit or other legal proceeding shall be institute'!., except with the previous narietion o£ the Central (.lovcrnment, against any person m respect ot anything done or purpoiting to be done in exercise of the powerw conferred by section 2
MOUNT-BATTEN OF BURMA,
Governor General.
K. V. K. 8UNDABAM, S§oy. to the Qovt. of ^ndia.