Armed Forces (Jammu and Kashmir) Special Powers Act, 1990

1990 · State unknown · central · act_text

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Sections (9)

1 · Short title, extent and commencement.—(1) This Act may be called the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.

2 · Definitions. — In this Act, unless the context otherwise requires,—

3 · Power to declare areas to be disturbed areas. — If, in relation to the State of Jammu and Kashmir*, the Governor of that State or the Central Government, is of opinion that the whole or any part of the State is in such a disturbed and dangerous condition that the use of armed forces in aid of the civil power is necessary to prevent—

4 · Special powers of the armed forces.—Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area, —

5 · Power of search to include powers to break open locks, etc.—Every person making a search under this Act shall have the power to break open the lock of any door, almirah, safe, box, cupboard, drawer, package or other thing, if the key thereof is withheld.

6 · Arrested persons and seized property to be made over to the police.—Any person arrested and taken into custody under this Act and every property, arms, ammunition or explosive substance or any vehicle or vessel seized 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, or as the case may be, occasioning the seizure of such property, arms, ammunition or explosive substance or any vehicle or vessel, as the case may be.

7 · Protection of persons acting in good faith under this Act . —N —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 to be done in exercise of the powers conferred by this Act.

8 · Repeal and saving.—(1) The Armed Forces (Jammu and Kashmir) Special Powers Ordinance, 1990 (Ord. 3 of 1990) , is hereby repealed.

2 · The Bill seeks to replace the above mentioned Ordinance.

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