REGISTERED NO . D. 221 रजिस्ट्री पं ० डी० 221
भारत की राजपत्र
The Gazette of Judia
असाधारण
EXTRAORDINARY
भाग II-खण्ड 2
PART II-Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं ० 3 ]
नई दिल्ली, वृहस्पतिवार, मार्च 16, 1972/फाल्गुन 26, 1889
No. 3] NEW DELHI , THURSDAY, MARCH 16, 1972 / FHALGUNA 26 , 1893
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation,
RAJYA SABНА
The following Bill was introduced in the Rajya Sabha on the 16th March, 1972 : -
BILL NO . V OF 1972
A Bill to amend the Armed Forces ( Assam and Manipur) Special Powers Act, 1958.
BE it enacted by Parliament in the Twenty - third Year of the Republic of India as follows : -
1. This Act may be called the Armed Forces (Assam and Manipur) Short Special Powers (Amendment) Act , 1972 . title.
28 of 1958 .
Amend- ment of long title.
2. In the Armed Forces (Assam and Manipur) Special Powers Act , 1958 (hereinafter referred to as the principal Act) , in the long title, for the words " in the State of Assam and the Union territory of Manipur ", the words " in the States of Assam , Manipur , Meghalaya, Nagaland and Tripure and the Union territories of Arunachal Pradesh and Mizoram" shall be substituted .
3. In section 1 of the principal Act,-
Amend- ment of section 1 (a) in sub - section ( 1 ) , for the words , brackets and figures " the Armed Forces (Assam and Manipur ) Special Powers Act, 1958 " , the words, brackets and figures " the Armed Forces ( Special Powers) Act, 1958" shall be substituted ;
( 15 ) 16
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
(b) for sub -section ( 2) , the following sub -section shall be subs- tituted, namely: -
" (2) It extends to the whole of the States of Assam, Mani- pur, Meghalaya, Nagaland and Tripura and the Union territories of Arunachal Pradesh and Mizoram ." .
4. For section 3 of the principal Act , the following section shall be substituted , namely:-
Substitu- tionof new sec- tion for section3.
Powerto declare areas to be disturbed areas .
" 3. If, in relation to any State or Union territory to which this Act extends, the Governor of that State or the Administrator of that Union territory or the Central Government, in either case, is of the opinion that the whole or any part of such State or Union terri- tory, as the case may be , is in such a disturbed or dangerous condi- tion that the use of armed forces in aid of the civil power is neces- sary , the Governor of that State or the Administrator of that Union territory or the Central Governmeut , as the case may be, may , by notification in the Official Gazette , declare the wohle or such part of such State or Union territory to be a disturbed area. " .
5. As from the commencement of this Act , the principal Act, as extend- ed by notification of the Government of India in the Ministry of Home Affairs No. G.S.R. 1970, dated the 25th November , 1970 to the then existing Union territory of Tripura, shall cease to operate in the State of Tripura .
Principal Union ter- Act as ex- tended to the former ritoryof Tripura to cease to operate.
17
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 21
STATEMENT OF OBJECTS AND REASONS
The Armed Forces ( Special Powers ) Regulation , 1958 , which is in force in the State of Nagaland and which confers certain powers on the armed forces operating in the area declared "disturbed " under the Regulation , will cease to be in force with effect from the 5th April , 1972 . A similar permanent law , namely, the Armed Forces (Assam and Mani- pur) Special Powers Act , 1958 is in force in the States of Assam, Megha- laya and Manipur and in the Union territories of Arunachal Pradesh and Mizoram . The application of that law had also been extended to the former Union territory of Tripura and the Act is now in force in the State of Tripura . On the expiry of the Armed Forces (Special Powers ) Regulation , 1958 , it is proposed to apply the Armed Forces (Assam and Manipur ) Special Powers Act, 1958 also to the State of Nagaland.
Act, 2. The Armed Forces (Assam and Manipur ) Special Powers 1958, empowers only the Governors of the States and the Administra- tors of the Union territories to declare areas in the concerned State or Union territory as " disturbed " . Keeping in view the duty of the Union under article 355 of the Constitution , inter alia , to protect every State against internal disturbance , it is considered desirable that the Central Government should also have power to declare areas as " disturbed " , to enable its armed forces to exercise the special powers .
3. The Bill seeks to suitably amend the Armed Forces ( Assam and Manipur ) Special Powers Act , 1958 to achieve these objects .
NEW DELHI;
K. C. PANT .
The 10th March , 1972 .
B. N. BANERJEE ,
Secretary .
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NE'W DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1972