The Andhra Pradesh Public Security Act, 1992.

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THE ANDHRA PRADESH PUBLIC SECURITY ACT, 1992
ACT No.21 OF 1992
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Declaration of an association as unlawful
4. Representation by Association
5. Constitution and reference to the Advisory Board
6. Procedure of the Advisory Boards
7. Action upon the report of the Advisory Board
8. Penalties
9. Power to notify and take possession of places used for the
purpose of unlawful activities
10. Movable property found in the notified place
11. Power to forfeit funds of an unlawful association
12. Revision
13. Trespass upon notified places
14. Bar of Jurisdiction
15. Protection of action taken in good faith
16. Constitution of Association
17. Power to make Rules
18. Repeal
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THE ANDHRA PRADESH PUBLIC SECURITY ACT, 1992
(ACT No.21 OF 1992)
[30th  September, 1992]
AN ACT TO PROVIDE FOR MORE EFFECTIVE PREVENTION OF CERTAIN
UNLAWFUL ACTIVITIES OF INDIVIDUALS AND ASSOCIATIONS AND
MATTERS CONNECTED THERETO.
Whereas national interest and public order are being geopardised by the
unlawful activities of certain associations and groups of people and the
administration of law and maintenance of order are being imperilled by their
activities;
And whereas it is considered desirable to enact a special law to provide for
prevention and control of such unlawful activities and for matters connected
therewith;
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Forty third Year of the Republic of India as follows :-
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Public Security Act, 1992.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 17th June, 1992.
2. Definitions - In this Act, unless the context otherwise requires:-
(a) ‘Advisory Board’ means the board constituted under section 5;
(b) ‘Association’ means any combination, body or group of persons
whether known by any distinctive name or not and whether
registered under any relevant law or not and whether governed by
any written constitution or not;
(c) ‘Government’ means the State Government;
(d) ‘Notification’ means a notification published in the Andhra
Pradesh Gazette and the word ‘notified’ shall be construed
accordingly;
(e) ‘Unlawful activity’ in relation to an individual or association
means activity:--
(i) Which constitutes a danger or menace to public order,
peace and tranquility; or
(ii) Which has interfered or tends to interfere with the
maintenance of public order; or
(iii) Which interfered or tends to interfere with the
administration of law or its established institutions and
personnel; or
(iv) of indulging in or propagating acts of violence, terrorism,
vandalism or other acts generating fear and apprehension in
the public or indulging in or encouraging the use of fire
arms, explosives and other devices or disrupting
communications by rail or road; or
(v) of encouraging or preaching disobedience to established
law and its institutions; or
(vi) of collecting money or goods forcibly to carry out any one
or more of the unlawful activities mentioned above;
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(f) ‘Unlawful Association’ means any association which indulges in
or has for its object or abets or assists or gives aid, succour or
encouragement, directly or indirectly, through any medium, device
or otherwise to any unlawful activity.
3. Declaration of an association as unlawful - (1) If the Government is of
opinion that any association is, or has become, an unlawful association, it
may, by notification, declare such association to be unlawful.
(2) Every such notification shall specify the grounds on which it is issued:
Provided that nothing in this sub-section shall require the Government to
disclose any fact which it considers to be against the public interest to disclose.
(3)  Where such unlawful association has a registered office, the
notification shall be served by sending the same through Registered post or
handed over to any office-bearer in such registered office and in case any office
bearer is not available or refuses to receive the notification, the same shall be
affixed to some conspicuous part of the office. Where the association does not
have a registered office the notification shall be published in any one local
newspaper.
(4) The notification shall be in force for a period of one year and may be
extended for such further period or periods not exceeding one year at a time, as
may be deemed necessary after reviewing the position.
(5) A notification issued under sub-section (1) may be revoked by the
Government where they consider that the need for its continuance has ceased.
4. Representation by Association - Any association declared to be unlawful
may, if it so chooses, send a representation to the Government within fifteen
days from the date of publication of the notification or the date of receipt or
affixture thereof in the manner specified in section 3, whichever is later, and
such representation shall be placed before the Advisory Board for its
consideration. The association may if it so desires request for a personal
hearing before the Advisory Board.
5. Constitution and reference to the Advisory Board - (1) (a) The
Government shall whenever necessary constitute one or more Advisory Boards
for the purpose of this Act.
(b) Each such Board shall consist of three persons who are or have been
or qualified to be appointed as Judges of the High Court. The Government shall
appoint the Members and designate one of them as the Chairman.
(2) The Government shall within six weeks from the date of publication of
the notification under sub-section (1) of Section 3 make a reference to the
Advisory Board and place before it a copy of the notification, supporting
material and the representation, if any, received from the unlawful association,
for its consideration.
6. Procedure of the Advisory Boards - (1) The Advisory Board shall after
considering the material placed before it and if necessary after calling for such
further information, as it may deem necessary from the Government or from
any office-bearer or member of the association concerned and after giving
personal hearing, where sought for to the authorised office-bearer or the
association, shall submit its report to the Government within three months
from the date of receipt of reference from the Government.
(2) Where the association seeks personal hearing an intimation specifying
the date and time of hearing shall be sent to the address indicated in the
representation of the association. The concerned association shall not be
entitled to appear through a lawyer or any person other than an authorised
office bearer.
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(3) The report of the Advisory Board shall specify in a separate part
thereof its opinion of that of the majority for the members as to whether or not
there was sufficient cause for the issue of the notification in respect of the
association concerned.
7. Action upon the report of the Advisory Board - (1) In any case where the
Advisory Board has reported that there is, in its opinion, sufficient cause for
the issue of the notification declaring the concerned association as unlawful
the Government may confirm the notification and continue the same for such
period as it thinks fit, subject to the provisions of sub section (4) of Section 3.
(2) In any case where the Advisory Board has reported that there is, in its
opinion, no sufficient cause for the issue of a notification as aforesaid the
Government shall revoke the notification forthwith.
8. Penalties - (1) Whoever is a member of an unlawful Association or takes
part in meetings or activities of any such association or contributes or receives
are solicits any contribution for the purpose of any such association shall be
punished with imprisonment for a term which may extend to three years or
with fine or with both.
(2) Whoever manages or assists in the management of an unlawful
association or promotes or assists in promoting a meeting of any such
association or of any members thereof, or in any way assists, abets or aids the
unlawful activities of any such association through whatever manner or
whatever medium or device shall be punished with imprisonment for a term
which may extend to three years or with fine or with both.
9. Power to notify and take possession of places used for the purpose of
unlawful activities - (1) The Government or in any area for which a
Commissioner of Police is appointed, the Commissioner of Police and elsewhere
the District Magistrate, may notify any place which in its opinion or his opinion
is used for the activities of an unlawful association. Such Officer shall be
known as the Competent Authority.
Explanation- For the purpose of this section place includes a house or
building or part thereof or a tent or vessel.
(2) When any place is notified under sub-section (1) the Competent
Authority or any officer authorised in this behalf in writing by him may take
possession of the notified place and evict therefrom any person found therein,
and shall forthwith make a report of the taking possession to the Government:
Provided that where such place contains any apartment occupied by
women or children reasonable time and facilities shall be provided for their
withdrawal with least possible inconvenience.
(3) A notified place whereof possession is taken under sub-section (2)
shall remain in the possession of the Government as long as the notification
under Section 3 in respect thereof remains in force or for such earlier period as
the Government decides.
10. Movable property found in the notified place - (1) The Competent
Authority referred to in Section 9 or the officer authorised by him while taking
possession of notified place shall also take possession of movable property
including money, securities or other assets found therein and shall make a list
thereof in the presence of two respectable witnesses.
(2) If in the opinion of the Competent Authority or the authorised officer
any article specified in the list is or may be used for or in aid of the purposes of
the unlawful association he may proceed, subject to the provisions hereinafter
contained in this section, to order such article to be forfeited to Government.
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(3) All other articles specified in the list shall be delivered to the person
whom the Competent Authority considers to be entitled to possession thereof
and if no such person is found entitled thereto, it shall be disposed of in such
manner as he may direct.
(4) The Competent Authority shall publish a notice in two local
newspapers one of which is in the local language, specifying the articles which
are proposed to be forfeited and calling upon any person claiming that any
article is not liable for forfeiture to submit in writing within fifteen days any
representation he desires to make against forfeiture of the article.
(5) The Competent Authority shall consider the representation and pass
such orders as he deems fit. If the decision is to forfeit the article he shall give
reasons therefor.
(6) Against any order of forfeiture passed under sub-section (5) the person
who made the representation may file an appeal to the Government within
thirty days from the date of receipt of the order. The Government may pass
such orders thereon as it deems fit after an opportunity to the appellant. Such
order of the Government shall giving be final.
(7) If the articles seized is livestock or is of a perishable nature, the
Competent Authority may, if he thinks fit expedient order the immediate sale
thereof and the proceeds of the sale shall be disposed of in the manner herein
provided for the disposal of the other articles.
11. Power to forfeit funds of an unlawful association - (1) Where the
Government is satisfied, after such inquiry as it may think fit, that any monies,
securities or other assets are being used or are intended to be used for the
purpose of an unlawful association, the Government may, by order in writing,
declare such monies, securities or other assets to whomsoever they belong to
be forfeited to Government.
(2) A copy of an order under sub-section (1) may be served on the person
having custody of the monies, securities or other assets and on the service of
such copy such person shall pay or deliver the monies, securities or other
assets to the order of the Government:
Provided that in the case of monies or securities, a copy of the order may
be endorsed for execution to such officer as the Government may select, and
such officer shall have power to enter upon and search for such monies and
securities in any premises where they may reasonably be suspected to be, and
to seize the same.
(3) Before an order of forfeiture is made under sub-section (1) the
Government shall give a written notice to the person, if any in whose custody
the monies, securities or other assets are found of its intention to forfeit and
such person may make a representation to the Government against the
proposed order of forfeiture within fifteen days of the receipt of the notice. The
Government shall after considering the representation, if any, received from the
affected person pass such orders as they deem fit.
(4) Where the Government has reason to believe that any person has
custody of any monies, securities or other assets which are being used or are
intended to be used for the purpose of an unlawful association, the
Government may, by order in writing, prohibit such person from paying,
delivering, transferring or otherwise dealing in any manner whatsoever with the
same, save in accordance with the written orders of the Government. A copy of
such order shall be served upon the person to whom it is directed.
(5) The Government may endorse a copy of an order under sub-section (4)
for investigation to any officer it may select, and such copy shall be deemed to
be warrant whereunder such officer may enter upon any premises of the
person to whom the order is directed, examine the books of such person of any
officer, agent or servant of such person, search for monies and securities and
make inquiries from such person touching the origin of and dealings in any
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monies, securities or other assets which the investigating officer may suspect
are being used or are intended to be used for the purpose of an unlawful
association.
(6) Central Act 2 0f 1974 - A copy of an order under this section may be
served in the manner provided in the Code of Criminal Procedure, 1973 for the
service of summons, or where the person to be served is a Corporation,
Company, Bank or Association of persons, it may be served on any secretary,
director or other officer or person concerned with the management thereof, or
by leaving it or sending it by post addressed to the Corporation, Company,
Bank or Association at its registered office, or where there is no registered
office, at the place where it carries on business. Where the Government are
satisfied that in the circumstances it is not reasonably practicable to follow
such procedure, they may cause the order to be published in any local
newspaper.
(7) Where an order of forfeiture is made under sub-section (1) in respect of
any monies, securities or other assets in respect of which a prohibitory order
has been made under sub-section (4), such order of forfeiture shall have effect
from the date of the prohibitory order, and the person to whom the prohibitory
order was directed shall pay or deliver the whole of the monies, securities, or
other assets forfeited, to the order of the Government.
(8) Where any person liable under this section to pay or deliver any
monies, securities or other assets to the order of the Government refuses or
fails to comply with any direction of the Government in this behalf, the
Government may recover from such person, as arrears of land revenue or as a
fine, the amount of such monies or other financial assets or the market value
of such securities.
(9) In this section, ‘security’ includes a document whereby any person
acknowledges that he is under a legal liability to pay money, or whereunder
any person obtains a legal right to the payment of money and the market value
of any security means the value as fixed by any officer or person deputed by
the Government in this behalf.
(10) Except so far as is necessary for the purposes of any proceeding
under this section, no information obtained in the course of any investigation
made under sub-section (5) shall be divulged by any officer of Government
without the consent of the Government.
(11) The Government may, by order, delegate their powers under this
section to any officer not below the rank of a District Collector and likewise
withdraw the same.
(12) The Government may, in their discretion at any time, either suo motu
or on an application made by the aggrieved party, call for and examine the
records of any order passed by the District Collector under sub-section (11) for
the purpose of satisfying themselves as to the legality, regularity or propriety
thereof and pass such orders in reference thereto as they may deem fit:
Provided that no order under this sub-section shall be passed by the
Government unless the party likely to be affected thereby has had an
opportunity of making a representation.
12. Revision - (1) An application for revision shall lie to the High Court,
against any order passed by the Government under sub-section (1) of section 7
confirming the notification issued under sub-section (1) of section 3 or against
any order of forfeiture under sub-section (1) of section 11 questioning the
legality, regularity or propriety thereof.
(2) A revision petition under this section shall be filed within a period of
thirty days from the date of receipt of the order of Government referred to in
sub-section (1).
(3) Every revision petition under this section shall be heard by a Bench of
three Judges.
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13. Trespass upon notified places - Any person who enters or remains upon
a notified place without the permission of the Competent Authority or of an
officer authorised in this behalf by Competent Authority shall be deemed to
commit an offence of criminal trespass.
14. Bar of Jurisdiction - Save as otherwise expressly provided in this Act and
without prejudice to the jurisdiction and powers of the Supreme Court and
High Court under the Constitution of India, no proceedings taken under this
Act by the Government or the Competent Authority or any officer authorised in
this behalf by the Government shall be called in question in any court in any
suit or application or by way of appeal or revision, and no injunction shall be
granted by any court or other authority in respect of any action taken or to be
taken in pursuance of any power conferred by or under this Act.
15. Protection of action taken in good faith - No civil or criminal proceeding
shall be instituted against any person for anything done in good faith or
intended to be done under this Act or against the Government or any person
acting on behalf of or by the authority of the Government, for any loss or
damage caused to or in respect of any property, whereof possession has been
taken by the Government under this Act.
16. Constitution of Association - An association shall not be deemed to have
ceased to exist by reasons only of any formal act of dissolution or change of
title, but shall be deemed to continue so long as any actual combination for the
purposes of such association continues between any members thereof.
17. Power to make Rules - (1) The Government may, by notification make
rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately after it is made, be
laid before the Legislative Assembly of the State if it is in session and if it is not
in session in the session immediately following for a total period of fourteen
days which may be comprised in one session, or in two successive sessions and
if, before the expiration of the session in which it is so laid or the session
immediately following the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule shall, from the
date on which the modification or annulment is notified, have effect only in
such modified form, or shall stand annulled, as the case may be, so however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
18. Repeal - (1) The following Acts are hereby repealed : -
(a) (Act XI of 1950) The Indian Criminal Law Amendment (Andhra
Pradesh) (Andhra Area) Act, 1950; and
(b) (Act XII of 1348 F)  The Andhra Pradesh (Telangana Area) Public
Security Act, 1348 F.
(2) (Act 1 of 1891) Upon such repeal the provisions of section 8 of the
Andhra Pradesh (Andhra Area) General Clauses Act, 1891 or as the case may
be.
(Act III of 1308 F), Sub-section (5) of section 3 of the Andhra Pradesh
(Telangana Area) General Clauses Act, 1308 F shall apply.
(3) (Ordinance 6 of 1992) The Andhra Pradesh Public Security Ordinance,
1992 is hereby repealed.

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