btl no 125 01 1990  the armed forces (jammu and kashmir) special powers bill, 1990 a billto enable certain special powers to be conferred upon mem~8 of the     anned forces in the                           disturbed areas in the state of jam11llu cmd     kashmir    be it enacted by parliament in ~e forty-first year of the republic of india as follows:-      1 (1) this act may be                                                called the armed forces                                                                                             (jammu and                                                                                                                    sbort kashmir) special powers act 1990                                                                                                                   title, extent aad (2) it extends to the whole of the suite of jammu and kashmir s ~m­(3) it shall be deemed to have come into force on the mil day of _edee july, 1990 aledt t in this act, unless the context cfherwise requtres,-deft  (ii) uanned forces" means the military forces and the air forces tlo • to operating as land forces and includes any other armed forces of the union so operating; (b) "dijturbeq area" meena an area which it for the tim being declared by notification under i8<ltion 3 to be a diaturbed area; (c) 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 power to declare areas to be 3 if, in relation to the state of jammu and kashmir, the governor of that state or the central government, is of opinion that the whole or 5 any part of the state is in such a disturbed and dangerous condition that the use of armed forces in aid of the civil power is necessary to preventdi8turb~ areas (a) activities involving terrorist acts directed towards overawing the government as by law established or ,striking terror in the people or any section of the people or alienating any section of the people or 10 adversely affecting the harmony amongst different sections of the people; (b) activities directed towards disclaiming, questioning or disrupting the sovereignty land territorial integrity of india or bringing about cession of a part of the territory of india or secession of a part of 15 the territory of india from the union or causing insult to the indian national flag, the indian national anthem and the constitution of india, the governor of the state or the central government, may, by notification in the official gazette, declare the whole or any part of the state to 20 be a disturbed area erpzanation-in this section, "terrorist act" has the same meaning as in gxplanation to article 248 of the constitution of india as applicable to the state of jammu and kashmir 4 any commissioned officer, warrant officer, non-commissioned officer 25 or any other person of equivalent rank in the armed forces may in a disturbed area,-special powers ef tke armed frces (a) it he is of opmlon that it is necessary so to do for the maintenance of public order, after giving such' riue warning as he may consider necessary flre upon or otherwise use force, even to 30 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 or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive suhtltances; 35 (b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortit\ed position or shelter from which armed attacks are made or are likely to be made or are attempteti to be made, or any structure used as a training camp for armed volunteers or utilised as a hide-out by armed gangs or absconders 40· wanted for any offence; (c) arrest, without warrant any person who has committed a cognizable offence or against whom a reasonable suspicion ex:lits that he has committed or is about to commit a cognizable offmee and may use such force as may be necessary to effect the arred; 45 (d) enter and search, without warrant, any premises to make any such attest as aforesaid or to recover any person believed to be wrdngfuuy 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 may for that purpose use such force as may be necessary, and seize any such property arms ammunition or explosive substances; (e) stop, search and seize any vehicle or vessel reasonably susspecteci to be carrying any person who is a proclaimed offender or any person who has committed a non-cognizable offence, or against whom a reasonable suspicion exists that he has committed or is about to commit a non-cognizable offence, or any person who is carrying any arms ammunition or explosive substance believed to 10 be unlawfully held by him, and may, for that purpose, use such force as may be necessary to effect such stoppage, search or seizure as the case may be 5 every person making a search under this act shall have power the power to break open the lock of any door almirah safe box, cup-pt search 15 board, drawer, package or other thing if the key thereof is withheld to includo powers to break open jocks, etc arrestect persons and seized property to be made over to the police 6 any person arrested and taken into custody under this act and every property arms, ammunition or explosive subs~nce or any vehicle or vessel seized under this act, shall be made over to the ofticer-in-charge of the nearest police station with the least possible 20 delay, together with a report of the circuj1l!tances occasioning the arrest or as the case may be oc'casioning the seizure of such property, arms ammunition or explosive substance or any vehicle or vessel, as the case may be 7 no prosecution, suit or other legal proceeding shall be instituted, 25 exeept 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 act flrotee· tien of persons acting in good faith under this act 8 (1) the armed forces (jammu and kashmir) special j'qwers ordinance, 1990 is hereby repealed 3 of 1990 repeal and saving 30 (2) notwithstanding such repeal, anything done or any action ~ken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act  statement of objects and reasonswith the advent of summer and melting of snow the tendency of the militants and subv~ive elements of the valley to ,et across the border for smuggling of arms ammunition and explosives and training in subversive activities is on the increale the aecur:lty forces deployed have to pursue the infiltra~rs and nab them inside the valley concerted and co-ordinated efforts by the state police and security forces to intercept the infiltra'tors search for and take action againlt arms dumps by the militants and subversive elements are required so as to counter the designs of the secessionist elements in ~e context of the prevailing situation in the valley, it was found necessary to empower the security fqrces with additional powers to asair the civil administration in containing the terrorism to meet this situation the armed forces (jammu and kashmir) special powers ordinance, 1990 (3 of 1990) was promulgated on the 5th july, 1990 2 the bill seeks ~o replace the above mentioned ordinance new delhi; the 31st july, 1990 , mufti mohammed sayeed  a billto enable certain special powers to be conferred upon membe1'l of the armed forces in the disturbed areas in the state of jammu and kashmir (shri mufti mohammed scryeed, mimster of bome affair,) 