The Jammu and Kashmir Disturbed Areas Act, 1992

(1) Tlus Act mav be called the Janimu and Kashmir D~sturbcd Arcas Act. 1992. (2) It estends to the \vholc of thc Statc of Jammu and Kaslimir. (3) I1 shall come into rorcc a1 oncc.

(1) In this Act. "d~sturbcd :~rc:l" mcans an arca \rhich is for the time bcing declarcd b\ notiricalion undcr sectlon 3 to be a disturbed area. (2) All other words and cuprcsyons used licrcin and not dcfincd. but defined in any other law for tlic tlmc bcing in force in the Statc of Jamniu and Kashmir. shall have tlic mcaning respcctivel!, assigned to thcni in such law.

The Slalc Got crnmcnl may, by notification In tlic OTfic~nl Gn/cttc. dcclarc tlial tile wllole or any part of any disulcr of Jammu and Kasl~m~r as ma! bc spcc~f~cd in the nlot~fication. 1s a d~sturbcd arc;)

In a "disturbed area", any Magistrate or Police Officer not below the rank of Sub-Inspector or Head Constable 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 indulging in any act which may result in serious breach of public order or is acting in contravention of any law or order for the time being in force, 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.

In a "disturbed area" any Magistrate or Police Officer not below the rank of a Sub-Inspector may, if he is of 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 a training camp for armed volunteers or utilised as a hideout by armed gangcs or absconders wanted for any offence.

No suit, prosecution, or other legal proceedings shall be instituted except with the previous sanction of the State Government against any person in respect of anything done or purporting to be done in exercise of the powers conferred by sections 4 and 5.

(1) The Jammu and Kashmir Disturbed Areas Act, 1990 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Jammu and Kashmir Disturbed Areas Act, 1990 (Governor's Act No. XII of 1990) shall be deemed to have been done or taken under the corresponding provision of this Act.