Armed Forces (Jammu and Kashmir) Special Powers Act : POWER TO DECLARE AREAS TO BE DISTURBED AREAS Indian

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

Act No : 21

Section : POWER TO DECLARE AREAS TO BE DISTURBED AREAS

SECTION 03: 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—

(a) activities involving terrorist acts directed towards overawing the Govern- ment as by law established or striking terror in the people or any section of the people or alienating any section of the people or adversely affecting the harmony amongst different sections of the people;

(b) activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and the Constitution of India-, the Governor of the State or the Central Government, may, by notification of the Official Gazette, declare the whole or any part of the State to be a disturbed area.

Explanation.—In this section, "terrorist act" has the same meaning as in Explanation to Article 248 of the Constitution of India as applicable to the State of Jammu and Kashmir.