Jammu and Kashmir Public Safety Act, 1978
No: 6 Dated: Apr, 08 1978
THE JAMMU AND KASHMIR PUBLIC SAFETY ACT, 1978
(Act No. VI of 1978)
Whereas it is necessary in the interest of the security of the State and public order to make law providing for the measures hereinafter appearing.
Now, therefore, it is enacted by the Jammu and Kashmir State Legislature in the twenty-ninth Year of the Republic of India as follows:-
CHAPTER-I
Preliminary
1. Short Title and extent. - (1) This Act may be called the Jammu and Kashmir Public Safety Act, 1978.
(2) It extends to the whole of Jammu and Kashmir State.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(1) "the Code" means the Code of Criminal Procedure, Samvat 1989;
(2) "notified" and "notification" mean notified and notification respectively in the Government Gazette.
CHAPTER-II
Access to certain premises and areas
3. Prohibited Places. - (1) If as respects any place the Government considers it necessary or expedient that special precautions should be taken to prevent the entry of unauthorised persons, the Government may, by notified order, declare that place to be a prohibited place.
(2) No person shall, without the permission of the Government or the authority specified by the Government, enter or be on or in, or pass over, or loiter in vicinity of, any prohibited place.
(3) Where in pursuance of sub-section (2) any person is granted permission to enter, or to be on or in, to pass over, a prohibited place, that person shall, while acting under such permission, comply with such order for regulating his conduct as may be given by the Government or the authority-specified by the Government.
(4) Any Police Officer, or any other person authorised in this behalf by the Government, may search any person entering or seeking to enter or being on or in, or leaving a prohibited place, and any vehicle, aircraft or article brought in by such person, and may, for the purpose of the search, detain such person, vehicle, aircraft and article :
Provided that no female shall be searched in pursuance of this subsection except by a female.
(5) If any person is in a prohibited place in contravention of this section then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom by any Police Officer not below the rank of a Sub-Inspector or by any other person authorised in this behalf by the Government.
(6) If any person is in a prohibited place in contravention of any of the provisions of this section he shall be punishable with imprisonment for a term which may extend to one month, or with fine, or with both.
4. Protected areas. - (1) If the Government considers it necessary or expedient in the interests of the defence or security of the State to regulate the entry of persons into any area, it may be a notified order declare the area to be a protected area and thereupon, for so long as the order is in force, such area shall be a protected area for the purposes of this Act.
(2) The Government or the authority specified by the Government may regulate the entry of any person into a protected area.
(3) If any person is in a protected area in contravention of the provisions of any order passed under this section then, without prejudice to any other proceedings which may be taken against him he may be removed there-from by or under the direction of any Police Officer not below the rank of a Sub-Inspector.
(4) If any person is in a protected area in contravention of any of the provisions of this section, he shall be punishable with imprisonment for a term which may extended to two months, or with fine, or with both.
5. Forcing or evading a guard. - Any person who effects or attempts to effect entry into a prohibited place or a protected area after taking precautions to conceal his entry or attempted entry from any person posted for the purpose of protecting of preventing or controlling access to such place or area shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.