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(THE) ARMED FORCES (SPECIAL POWERS) ORDINANCE, 1942

(ORDINANCE No. XLI OF1982)

[15thAugust, 1942]

An Ordinance to confer certain special powers upon certain officers of the armed forces.

whErEas an emergency has arisen which makes it necessary to confer certain special powers upon certain officers of the armed forces:

Now, therefore, in exercise of the powers conferred by section 72 of the Government of India Act, as set out in the Ninth Schedule to the Government of India Act, 1935, the Governor-General is pleased to make and promulgate the following Ordinance :—

 1. Short title, extent and commencement.—(1)This Ordinance may be called THE ARMED FORCES (SPECIAL POWERS) ORDINANCE, 1942.

(2)      It extends to the whole of India.

(3)      It shall come into force at once.

2. Power to certain officers of the armed forces to order use of force in certain circumstances.(1) Any officer not below the rank of Captain in (the Indian) Military Forces and any officer hol­ding equivalent rank either in (the Indian) Naval or Air Forces may, if in his opinion it is necessary for the proper performance of his duty so to do, by general or special order air writing require any personnel under his command to use such force as may be necessary, even to the causing of death, against any person who—

(a) fails to halt when challenged by a sentry, or

(b) does, attempts to do, or appears to be about to do, any such act as would endanger or damage any property of any description whatsoever which it is the duty of such officer to protect;

  and it shall be lawful for such personnel, when so ordered, to use such force against such person.

(2) The use of force against any person in obedience to an order under sub-section (1) shall include the power to arrest and take into custody such person, and the use of such force as may be necessary, even to the causing of death, in order to effect such arrest.


1.          Published in the Gazette of India, Extra ordinary, dated 15th August, 1942.

2. This Ordinance is applied to the Darjeeling District with effect from 15-10-42, see Bengal Government Notification No. 20215-P dated 8-10-1942; sections 2-4 applied to members Of the Armed Reserves,Special Emergency Forces,Vjzianagram and Pallavaram and the Malabar Special Police, see Madras Government
Notification No. 226-Home, dated 29-1-1943.

 

3. This Ordinance  has been extended to—

(a)   the new provinces and merged States by  Act LIX of 1949,    S.3 (1-1-1950) :

(b)    the States of Manipur, Tripura and Vindhya Pradesh by Act XXX of 1950, S.3 (16-4-1950).

(c) the Union territories of Dadra and Nagar Havelli & Pondicherry by Regn. VI of 1965 (1-7-1965 ) & Regn. VII of 1963(1-10-1963).

 

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