Armed Forces (Jammu And Kashmir) Special Power Act, 1990
No: 21 Dated: Sep, 10 1990
The Armed Forces (Jammu And Kashmir) Special Power Act, 1990
(Act No. 21 of 1990)
An Act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the State of Jammu and Kashmir.
Be it enacted by Parliament in the Forty-first Year of the Republic of India as follows:--
1. Short title, extent and commencement.—(1) This Act may be called the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 5th day of July, 1990.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “armed forces” means the military forces and the air forces operating as land forces and includes any other armed forces of the Union so operating;
(b) “disturbed area” means an area which is for the time being declared by notification under section 3 to be a disturbed area;
(c) all other words and expressions used herein, but not defined and defined in the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), shall have the meanings respectively assigned to them in those Acts.
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—
(a) activities involving terrorist acts directed towards overawing the Government 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 in 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