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1948 : T.N. Act 1111 Suppression of D i s t ~ r - I051 '

bances
'[TAMIL NADUJACT NO.rrr OF 1948.3
/
[THE TAMIL NADU)
b

(Received the assent of the Governor-General on the


7th April 1948 ; first published in the Fort St.
George Gazette 011 tlze 1 3 f l i April 1948.)

An Act to make better provision for the suppression


of disorder in the "State of Tamil Nadul.
WHEREAS it is expedjent to make better provision
for the suppressio~lof disorder in the 3[State of Tamil
Nadu] ; It is hereby enacted as follows :-
I. (I) This Act Jnc!
Suppression of Disturb; commence-
(2) It extenc4c to the who!c 'of the '[Stats of ment.

I -
Tamil Nrtdu].
(3) It shall come into force nr once.

1
2. In this Act, "disturbed :ma" means an rrea D " f i ~ l i t l ~ ~ .
' for rhe tirnc being dcclarcd t o bc n d~sturbedared bj
a notification undcl scction 3.
-- --- - - -- - - - - ----
1 Thc\c: word5 wcrc \~ib\Lit~tcd for thu word "Madras" by the
Tamil N , i h Adaptation ol' Laws Ordcr, 1')69, as anicndcd by the
T'lmll N.~du Adaptatinll of Laws (Sccond Amendment) Order,
1969.
I 2 For Statcment of Objects and Kca>ons, see r o r f St. George
1
Gazelle, dated the 18th Novcmbcr 1947, Pnrt IV-A, page 238.
I
Thi:, Act was extcndcd to thc rncrgcd State of I'udukkottai by
4 scction 3 of, and the F I I .Schcd~~lc
~~ to. the Tamil Nadu Mergcd
States (Laws) Act, 194') (T.unil Natli~Acl YXXV of 1949).
T l ~ i \Act wa4 eutcnrlctl to !ho KL~ny,lkttm;tridistrict and the
SJicncoct,~lltaluk of thc TII.~IIICI\CII tlijtr~ctby tcction 3 of, and
the Schcdulc to, tho Tiumil N;lciu (Tr.uitfc~.rcdTerritory) Exten5ion
of Laws Act, 1957 (Tan111Nadu Act XXlI of 1957).
3 ~ h ; cupression
s was substituted for the expression *'Province
of Madrab" by the Tamil Nadu Adapr3tlon of Laws Order, 1570,

-i
i
which w,is deemed to hnvc come into $rcc on the 14th January
1969.
4 This expression was bubstituted fqr the cxprcssion "State of
Madras" by the Tamil Nadu Adaptation of Laws Order. 1969, as
amen&d by the Tan111Nadu Adaptatioh of Laws (Sccond Amend- .
I m a t ) Ordor. 1969.
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1052 Suppression of Distur- [I948 : T.N. Act D[f


bances

Power to 3. The '[State] Government may, by notification


declan in the Fort St. George Gazette-
areas to be
disturbed (a) declare that the whole of the e(State), or
areas. any part thereof specified in the notificaticn, is a
disturbed area; and
(b) add to, amend, vary or rescind any such
declaration.
Certain 4. (1) Whoever'in a disturbed area commits any
offences to offence punish&le under any of the followiug sect:or,s
be punish- of the lndian Penal Code, namely, 307, 363, 364, Central
I able with
death in 365, 366, 367, 368, 376, 392,394, 395, 397, 398 and :;tlt&v
I disturbed 436, may, in lieu of the punishment to which he is
I
area3. liable under that Code, be punished with death.
I

(2) Whoever in a disturbed area attempts to


commit, or abets the commission of, any offenca
punishable under any section of the Indian Penal
Code referred to in sub-section (1) may, notwrth- Central
standing anything contained in rhat Code, be punished ~~~8,~v
h punishment provided in that
with death or 1 ~ 1 t the
section for thc offince.
Power to 5. Any Magistrate, and any Policc Officer lot
tire upon below the rank of Sub-Itlspector, may, if in his opiilion
persons aon- it is necessary so to do for rcsloring or 111ai11:::ii;-
travenlng
mtain ing public ordcr, after. gi\.il15 s ~ ~ cw,rrnin,;.
h if nily,
orders in a:, he may consi.:cr ncccss,iry, fi1.l: llpo~?,(>!.dcr.ii*:.,,:
disturbed. be opened or or herwisc (1st. folcc, even 11) tllc c,lii-
:l:C3S.
sing of dcath, aflinst any person who i l l L. c ! i s ~ l i ibi"t
arcit is acting in contravc~~tion of :inj law or o r d ~ r
for the timc bcinb in force in suc!~ai-c:1, proiiibrtill~:t1:c
asscmbly of iivc or marc persons or the cnrtyi~lzot'
weapons or of things capable of being uscd as wca-
pons.
Protation 6. No pi-osccction, suit or othcr Icga1 proccc~i-
of persons ing shall bc insti~uted,except with tlic p~.evioussnnc-
acting under tion of thc '(Stntc) Govcr~~~nent, against any pc1.ao11
section 5. in rcspect of anything done or purporting to bc
done in exercise of the powers conferred by section 5.
- -
1 This word was substituted for the: word "Provincial" by tllc
Adaptation Order of 1950.
8 This word was substituted for the word "Pro~incc"by ibid.