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Pre. .

Whereas it is necessary to make better provisions for the suppression of disorder and for the restoration and maintenance of public order, in the disturbed areas in Assam;

It is hereby enacted in the Sixth Year of the Republic of India as follows:

S.1 Short title, extent and commencement

(1) This Act may be called the Assam Disturbed Areas Act, 1955.

(2) It extends to the whole of Assam subject to the provisions of Section 3 below.

(3) It shall come into force at once.

S.2 Definitions

In this Act “disturbed area” means an area which is for the time being declared by notification under Section 3 to be a disturbed area.

S.3 Power to declare areas to be disturbed area

The State Government may, by notification in the official Gazette, declare that the whole or any part of any district of Assam as may be specified in the notification is a disturbed area.

S.4 Power to fire upon person contravening certain orders

Any Magistrate or Police Officer not below the rank of a Sub-Inspector or Havildar in case of the Armed Branch of the Police or any officer of the Assam Rifles not below the rank of Havildar, may, if in his opinion, it is necessary so to do for the maintenance of public order, after giving such warning, if any, as he may consider necessary, fire upon, or otherwise use force even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in a disturbed area, prohibiting the assembly of five or more persons or the carrying of weapons or things capable of being used as weapons or fire-arms, ammunition and explosive substances.

officers of Police. Armed Branch of Police and Assam Rifles, as specified therein, to open five or otherwise use force even to the extent of causing death, if so necessary for the maintenance of public order, against any person, who is acting in contravention of

S.5 Power to destroy arms, fortified positions, etc.

Any Magistrate or Police Officer not below the rank of Sub-Inspector or any officer of the Assam Rifles not below the rank of Jamadar may, if in his opinion, it is necessary so to do, destroy any arms, dump prepared, or fortified positions or shelters from which armed attacks are made or attempted, structures used as training camps for armed volunteers or utilised as hideouts or shelters by armed gangs or absconders wanted for offences in connection with the disturbances.

S.6 Protection of persons acting under Sections 4 and 5

No suit, prosecution or other legal proceeding 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.

S.7 Repeal of Ordinance 5 of 1955

(1) The Assam Disturbed Areas Ordinance, 1955 (5 of 1955), is hereby repealed.

(2) Notwithstanding such repeal any notification issued, anything done or any action taken in exercise of the powers conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such notification was issued, such thing was done or action was taken.

NOTIFICATIONS

No. PLB 124/75/37, dated the 31st May, 1976.—Whereas armed gangs of hostiles are moving in the areas mentioned in the Schedule below to create disorder and to disturb the peace and tranquility in the areas;

And whereas the Governor of Assam after careful consideration of all facts and circumstances is satisfied that in order to make adequate provisions for suppression of the disorder and maintenance of the pub

Sch. .

SCHEDULE

1. The whole of Cachar District.

2. The whole of Mikir and North Cachar Hills Districts.

3. The following Reserve Forests in the District of Sibsagar:

(a) Dipue Reserve Forest.

(b) Nambar Reserve Forest.

(c) Rengama Reserve Forest,

(d) Dayang Reserve Forest

(e) Kakodanga Reserve Forest.

(f) Disai Valley Reserve Forest.

(g) Disai Reserve Forest.

(h) Tiru Hills Reserve Forest.

(i) Geleki Reserve Forest.

(j) Abhayapur Reserve Forest.

(k) Dilli Reserve Forest.

4. The following further areas in the Sibsagar District falling outside the Reserve Forests mentioned above:

(a) The areas within the jurisdict