The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No 35] NEW DELHI, FRIDAY, OCTOBER 7, 1983/ASVINA 15, 1905 (SAKA)
Separate paring is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 1th October, 1983/Asvina 15, 1905 (Saka)
THE PUNJAB DISTURBED AREAS ORDINANCE, 1983
No. 5 OF 1983
Promulgated by the President in the Thirty-fourth Year of the
Republic of India.
An Ordinance to make better provision for the suppression of disorder and for the restoration and maintenance of public order in disturbed areas in Punjab.
WHEREAS by a Proclamation issued on the 6th day of October, 1983 by the President under article 356 of the Constitution the powers of the Legislature of the State of Punjab have b e en declared to be exercisable by or under the authority of Parliament;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of
i THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] 1. (1) This Ordinance may be called the Punjab Disturbed Areas Ordinance, 1983.(2) It extends to the whole of the State of Punjab.
{!) It shall come into force at once.
Shorl title, extent ano com. raencc- ment.
Definition.
2. In this Ordinance, "disturbed area" means an area which is for the time
being declared by notification under section 3 to be a disturbed area,
3. The State Government may, by notification in the Official Gazette, declare that the whole or any part of any district of Punjab as may be specified in the notification is a disturbed area.
Powers to declare areas to be dis- turbed areas.
Power to flre upon person
contra- vening certain orders.
4. Any Magistrate or Police Officer not below the rank of Sub-Inspector or Havildar in case of the Armed Branch of the Police may, 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 contra- vention 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 fire-arms, ammunition or explosive substances.
5. Any Magistrate or Police Officer not below the rank of a Sub-Inspector may, if he is of opinion lhat 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 hideout by armed gangs or absconders wanted for any offence.
Powers to destroy arms dump, fortified positions, etc.
6. No suit, prosecution or other legal proceedings shall be instituted except with the previous sanction of the State Government against any person in respect of anything done or purporting to be done in exercise of the powers conferred by sections 4 and 5.
Protec- tion of persons acting under sections 4 and 5.
ZA1L SINGH,
President.
R. V. S. PERI SASTRI,
Secy, to the Govt. of India.