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The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No 201] NEW DELHI, WEDNESDAY, NOVEMBER 25, 1970/AGRAHAYANA 4,1892

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 25th November 1970

G.S.R. 1970.—In exercise of the powers conferred by section 2 of the Union Territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends to the Union territory of Tripura, the Armed Forces (Assam and Manipur) Spe- cial Powers Act, 1998 (28 of 1958), as at present in force in the State of Assam, subject to the following modifications, namely:—

Modifications

1. In sub-section (2) of section 1, for the words "the whole of the State of Assam and the Union territory of Manipur", the words "the whole of the union territory of Tripura" shall be substituted.

2. In flection 3,—

(a) for the words "Governor of Assam or the Chief Commissioner of Manipur", the words "Administrator of the Union territory of Tripura" shall be substituted;

(b) for the words "State of Assam or the Union territory of Manipur as the case may be.", the words "Union territory of Tripura" shall be substituted;

(c) the words "State or" shall be omitted.

ANNEXURE The Armed Forces (Assam and Manipur) Special Powers Act, 1958, as extended to the Union Territory of Tripura (No. 28 of 1958).

follows:—

1. Short title and extent—(1) This Act may be called the Armed Forces (Assam and Manipurj apecial lowers Act, luou.

(,'A) It extends to tne whole of the Union territory of Tripura. 2. Definitions,—!:! this Act, unless the context otherwise requires,—

(a) "armed forces" means tne military forces and the air iorces operating as land Iorces, ana includes any oiner armed iorces of me Union so operating;

(b), "disturbed area" means an area which is for the time being declared by nodncalion under section 3 to be a disturbed area;

(cX all other words and expressions used herein, but not denned and denned In ine Air iorce Act, 19&0 (45 of 1H5Q;, or tne Army Act, 1W3U (40 of lflOU), snail rave tne meanings respectively assigned to them In those Acts.

3. Power to declare areas to be disturbed areas,—If the Administrator of the Union territory of Xrlpura is of the opinion tnat the whole or any part of the Union territory of 'Xupura is in such a aistuxDed or dangerous condition that the use oi armed iorces in aid of tne civil power is necessary, he may, by nou- hcation in tne Umcial Uazette, declare the wnole or any part of the Union terri- tory to be a disturbed area.

4. Special powers of the armed forces.—Any commissioned officer, warrant oincer, nun-commissioned omcer or any otner person oi equivalent rank in tne 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 sucij aue warning as he may consider necessary, lire Upon or omt-rwibe use force, even to the causing of death, against any person who is acting in contravention ot any law or order ior the urae iceing in force in the auHuroea area pronioiung tne assembly of hve or more persons or the carrying oi weapons or of things capable of being usea as weapons or QI nre-arms, ammu- nition gr explosive substances;

(b) if he is of opinion that it is necessary so to do, destroy any anna dump, prepared or fortined position or shelter from which armed atiacKs are made or are niteiy to be made or are attempted to be made, or any structure used as a training camp lor armed volunteers or utilised as a hide-out by armed gangs or absconders wanted for any oifence;

(c) arrest, without warrant, any person who hag committed a cognizable oltence 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 any property reasonably suspected to be stolen proper- ty or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.

5. Arrested persons to be made over to the police.—Any person arrested and taken into custody 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.

6. Protection to persons acunK under 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 tn he done in exercise of the powers conferred by this Act.

[No, F.6/9/70-UTM115).] K- R. PHABHU, Jt. Secy.