The Armed Forces (Special Powers) Ordinance, 1942 (Ordinance No. XLI of 1942)

Updated: Wednesday January 15, 2014/AlArbia'a Rabi' Awwal 14, 1435/Budhavara Pausa 25, 1935, at 08:50:37 PM

The Armed Forces (Special Powers) Ordinance, 1942

ORDINANCE NO XLI OF 1942

(The Ordinance has been applied to Baluchistan, see Notification No. 80‑W., dated the 20th August, 1942, Gazette of India, 1942, Pt. 1, p.1385; to the partially excluded areas of the Mymensingh District, with effect from the 15th October, 1942, see Ben. Govt. Notification No. 20215‑P dated the 8th October, 1942; to the Chittagong Hill tracts, with effect from the 28th January, 1943, see Ben. Govt. Notification No. 273‑S. dated the 22nd January, 1943.

It has been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950).)

[15th August, 1942]

An Ordinance to confer certain special powers upon certain officers of the armed forces

WHEREAS an emergency has arisen which makes it necessary to confer certain special powers upon certain officers of the armed forces;

Now, THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act as set out in the Ninth Schedule to the Government of India Act, 1935, the 26 Governor-general is pleased to make and promulgate the following Ordinance :‑ 26 Geo. 5,c.2.

1. Short title extent and commencement------‑(1) This Ordinance may be called the Armed Forces (Special Powers) Ordinance, 1942.

[(2) It extends to the whole of Pakistan.](Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the original sub‑section (2), as amended by A. O., 1949).

(3) It shall come into force at once.

2. Power to certain officers of armed forces to order use of force in certain circumstances-----‑(1) Any officer not below the rank of Captain in (Subs. by A. O., 1961, Art. 2 and Sch., for "His Majesty's Military Forces" (with effect from the 23rd March, 1956).)[the military forces of Pakistan] and any officer holding equivalent rank either in (Subs. ibid., for "His Majesty's Naval or Air Forces" (with effect from the 23rd March, 1956).)[The naval or air forces of Pakistan] or in the forces of a foreign power (Subs. ibid., for "allied with His Majesty" (with effect from the 23rd March, 1956))[Allied with Pakistan] or in the forces of a foreign authority recognized by (Subs. by A. O., 1961, Art. 2, for "His Majesty" (with effect from the 23rd March, 1956))[Government] as competent to maintain armed forces for service in association with (Subs. ibid., Art. 2 and Sch., for "His Majesty's forces" (with effect from the 23rd March, 1956))[the forces of Pakistan] or in the military forces of an (Subs. by A. O., 1949, for "Indian State".)[Ac*ceding State or non-Acceding State] serving in association with any such forces as aforesaid may, if in his opinion it is necessary for the proper performance of his duty so to do, by general or special order in writing, require any personnel under his command to use such force as may be necessary, even to the causing of death, against any person who,---

(a) fails to halt when challenged by a sentry, or

(b) does, attempts to do, or appears to be about to do or attempt to do, any such act as would endanger or damage any property of any description whatsoever which it is the duty of such officer to protect;

and it shall be lawful for such personnel, when so ordered, to use such force against such person.

(2) The use of force against any person in obedience to an order under sub‑section (1) shall include the power to arrest and take into custody such person, and the use of such force as may be necessary, even to the causing of death, in order to affect such arrest.

[3. Arrested persons to be made over to appropriate authority----( Subs. by the Armed Forces (Special Powers) Amendment Ordinance, 1945 (36 of 1945), s. 2, for the original section 3,)Any person arrested and taken into custody under this Ordinance shall, as soon as practicable, be made over, together with a report of the circumstances occasioning the arrest, to the officer in charge of the nearest police station, or where the said person is a person subject to military law, to the appropriate military officer.]

4. Protection to persons acting under this Ordinance----No prosecution, suit or other legal proceedings for any order purporting to be made under this Ordinance or for any act purporting to be done in obedience to any such order shall be instituted in any court except with the previous sanction of the Central Government, and notwithstanding anything contained in any other law for the time being in force, no person purporting in good faith to make such an order or to do any act in obedience thereto shall, whatever consequences ensue, be liable therefore.