Act Number: 77

Act Name: The Disturbed Areas (Special Courts) Act, 1976

Year: 1976

Enactment Date: 1976-06-11

Long Title: An Act to provide for the speedy trial of certain offences in certain areas and for matters connected therewith.

Ministry: Ministry of Law and Justice

Department: Department of Justice

Section 3: Declaration of an area as disturbed area.
    (1) Where a State Government is satisfied that
         (i) there was, or
         (ii) there is,
in any area within a State extensive disturbance of the public peace and tranquillity, by reason of differences or disputes between members of different religious, racial, language or regional groups or castes or communities, it may, by notification in the Official Gazette, declare such area to be a disturbed area.
     (2) A notification issued under sub-section (1) in respect of any area shall specify the period during which the area shall, for the purposes of this section, be a disturbed area and where the State Government is satisfied that there was such disturbance of public peace and tranquillity as is referred to in sub-section (1) in that area from any date prior to the issue of such notification, the period specified in the notification may commence from that date:
     Provided that---
         (a) no period commencing from a date earlier than three months before the date of publication of the notification shall be specified therein; and
         (b) so much of the period specified in such notification as is subsequent to the date of publication of the notification shall not, in the first instance, exceed three months but the State Government may amend such notification to extend such period from time to time by any period not exceeding three months at any one time if in the opinion of the State Government there continues to be in such area such disturbance of public peace and tranquillity as is referred to in sub-section (1):
     Provided further that where the State Government is satisfied that there is no longer such disturbance of public peace and tranquillity as is referred to in sub-section (1) in such area, it shall amend the notification issued under that sub-section in respect of that area to limit the period specified therein (whether originally or by amendment under the preceding proviso) accordingly.
                                                    STATE AMENDMENT
    Karnataka
    Amendment of section 3.--In section 3 of the Disturbed Areas (Special Courts) Act, 1976 (Central Act 77 of 1976) in sub-section (1), after the words "castes or communities", the words "or due to any other reason" shall be inserted.
[Vide Karnataka Act 49 of 1981, s. 2]
                                                STATE AMENDMENT
Manipur
    Amendment of section 3.--In section 3 of the Disturbed Areas (Special Courts) Act, 1976, (hereinafter referred to as the Principal Act):--
        (a) in sub-section (1), between the words, "communities", and "it may", the following words, brackets and figures shall be inserted, namely--
        "or by reason of extension and indiscriminate armed violence by members of an association declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967";
        (b) in sub-section (2)--
            (i) In clause (a) of the proviso, the word "and" appearing at the end shall be deleted, and the words, letters and brackets, "save in respect of the cases referred to in clause (aa)", shall be inserted in the beginning, and
            (ii) below clause (a) of the proviso so amended, the following clause shall be added, namely:--
            "(aa) in respect of extensive and indiscriminate armed violence by members of any association declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967, no period commencing from a date earlier than the date of publication of the notification, if any, under section 3 of the Armed Forces (Special Powers) Act, 1958 (28 of 1958) in respect of that area or earlier than two years before the date of publication of the notification under sub-section (1), shall be specified therein; and".
[Vide Manipur Act 11 of 1982, s. 2]
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