Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com PUNJAB DISTURBED AREAS ACT, 1983 32 of 1983 [8th December, 1983] CONTENTS 1. Short title, extent and commencement 2. Definition 3. Powers to declare areas to be disturbed areas 4. Power to fire upon persons contravening certain orders 5. Powers to destroy arms dump, fortified position, etc 6. Protection of persons acting under Sections 4 and 5 7. Repeal and saving PUNJAB DISTURBED AREAS ACT, 1983 32 of 1983 [8th December, 1983] STATEMENT OF OBJECTS AND REASONS The activities of the extremists, terrorists and secessionists elements in the State of Punjab and the Union Territory of Chandigarh have been a matter of serious concern. These persons have been indulging in violent activities, terrorist methods and encouraging illegal activilics In order to arm the police aulhorities in Punjab With additional powers t o deal with the situation which had arisen as a result of these activities and to restore conditions of peace and normalcy in Punjab, the President promulgated on the 7th day of October. 1983. the Punjab Disturbed Areas Ordinance. 1983 (No. 5 of 1983). 2. The Bill seeks to replace the Ordinance.-Gaz. of India. 1.5-11- 1983, Pt. U.S. 2. Ext..p. 3. 1. Short title, extent and commencement :- (1) This Act may be called The Punjab Disturbed Areas Act, 1983. (2) It extends to the whole of the State of Punjab. (3) It shall be deemed to have come into force on the 7th day of October, 1983. 2. Definition :- In this Act, "disturbed area" means an area which is for the time being declared by notification under Section 3 to be a disturbed area. 3. Powers to declare areas to be disturbed areas :- The State Government may, by notifica- tion 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. 4. Power to fire upon persons contravening certain orders :- A n y Magistrate or Police Of- ficer 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 contravention 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. Powers to destroy arms dump, fortified position, etc :- A n y Magistrate or Police Officer not below the rank of a Sub- Inspector may, if he is ofthe opinion that 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 volun- teers or utilized as a hide-out by armed gangs or absconders wanted for any offence. 6. Protection of persons acting under Sections 4 and 5 :- No suit, prosecution or other legal proceedings shall be instituted except with the previous sanction ofthe 1 [Central Government] against any person in respect of anything done or purporting to be done in exercise ofthe powers conferred by section 4 and Section 5 . 1. Substituted lor the words "State Government" by Punjab Disturbed Areas (Amendment) Act (Presi. Act 2 of 1989), S. 2 (3-4- 89). 7. Repeal and saving :- ( 1 ) The Punjab Disturbed Areas Ordinance, 1983, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.