Armed Forces (Special Powers) Act,1958
Act No : 28
Section : SHORT TITLE AND EXTENT
ARMED FORCES (SPECIAL POWERS) ACT, 1958
28 of 1958
11th September, 1958
STATEMENT Of OBJECTS AND REASONS An Ordinance entitled the Armed Forces (Assam and Manipur) Special Powers Ordinance, 1958, was promulgated by the President on the 22nd May, 1958. Section 3 of the Ordinance empowers the Governor of Assam and the Chief Commissioner of Manipur to declare the whole or any part of Assam or the Union Territory of Manipur, as the case may be, to be a disturbed area. On such a declaration being made in the Official Gazette, any Commissioned Officer, Warrant Officer, non-commissioned officer or any other person of equivalent rank in the armed forces may exercise, in the disturbed area, the powers conferred by Sections 4 and 5 of the Ordinance. The Bill seeks to replace the Ordinace.- See Gaz. of India, 11-8-1958, Pt.II-S. 2, Ext. p. 714 (No. 26). Act 7 (of 1972).-
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 Manipur) Special Powers Act, 1958is in force in the States of Assam, Meghalaya 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 ofthe Armed Forces (Special Powers) Regulation, 1958, it is proposed to applythe Armed Forces (Assam and Manipur) Special Powers Act, 1958also to the State of Nagaland. 2. The Armed Forces (Assam and Manipur) Special Powers Act,1958, empowers only the Governors of the States and the Administrators of the Union territories to declare areas in the concerned State or Union territory as "disturbed ". Keeping in view the duty of the Onion 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, 1938 to achieve these objects: -Gaz. of India, 16-3-1972, Pt. II-S. 2, Ext., p. 17.
An Act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the State of 1[Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura]. BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called2[The Armed Forces (Special Powers) Act, 1958.]
3[(2) It extends to the whole of the State of4[Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura].
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