Appendix 3. THE ARMED FORCES (SPECIAL POWERS)REGULATION, 1958 NO. 2 OF 1958

(As published in the Gazette of India Extraordinary, Part II, Section I, dated April 5, 1958)

Promulgated by President in the Ninth Year of the Republic of India, a Regulation to enable certain special powers to be conferred upon officers of the armed forces in disturbed areas in the Kohima and Mokokchung districts of Naga Hills- Tuensang Area.

In exercise of the power conferred by Article 240 of the Indian Constitution the President is pleased to promulgate the following Regulation by him.

1.

1. This Regulation may be called the Armed Forces (Special Powers) Regulation, 1958
2. It extends to Kohima and Mokokchung districts of the Naga Hills Tuensang Area.
3. It shall come into force at once.
4. It shall remain in force for a period of one year.

2. In this Regulation – Definitions.

1. “armed forces” means the military forces and the air forces operation as land forces, and includes any other armed forces of the Union so operating.
2. “disturbed area” means an area which is for the time being declared by notification under section 3 to be disturbed area;
3. All other words and expressions used herein but not defined and defined in the Air Force Act, 1950, or the Army Act, 1950, shall have the meanings respectively assigned to them in those Acts.

3. If the Governor of Assam is of the opinion that the whole or any part of the Kohima district or the Mokokchung district in the Naga Hills Tuensang Area is such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, he may , by notification in the official Gazette declare the whole or any part of such district or districts, as the case may be, to be a disturbed area.
4. Any Commissioned officer, Warrant officer, or non commissioned officer not below the rank of Havildar of the armed forces may, in a disturbed areas :

1. if he is of the opinion that it is necessary 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 acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons of the carrying of weapons or of things capable of being used as weapons or fire arms, ammunition or explosive substances;
2. if he is of the opinion that it is necessary to do so destroy any arms dump, prepared for fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to make or any structure used as a training camp for armed volunteers or utilised as a hideout by armed gangs or absconders wanted for any offence;
3. arrest without warrant, any person who has committed a cognisable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognisable offence and may use such force as may be necessary to effect the arrest;
4. enter and search without warrant any premises to make such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and for that purpose use such force as may be necessary.

5. Any person arrested and taken into custody this Regulation shall be made over to the officer-in-charge of the nearest police station with the least possible delay together with a report of the circumstances occasioning the arrest.
6. No prosecution, suit or other legal proceeding shall be instituted except with the previous sanction of the central Government against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Regulation.
7. No prosecution, suit or other legal proceeding shall lie in any court of law against any officer of the armed forces in respect of anything done in any part of the Kohima or Mokokchung district of the Naga Hills-Tuensang Area on or after the 23^rd December, 1957 and before the commencement of this Regulation which might lawfully have been done during the said period including the arrest of any person or recovery of any person or property shall be as valid as if they had been done at a time when this Regulation was in force.
8. On the expiry of this Regulation, section 6 of General Clauses Act, 1897, shall apply as if the Regulation had then been repealed by another Regulation.

Sd/- Rajendra Prasad President.