LexThe Telangana Prevention of Anti-Social and Hazardous Activities Act, 1980.
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Open in Lexace · Ask the AI about this actTHE TELANGANA PREVENTION OF ANTI-SOCIAL AND
HAZARDOUS ACTIVITIES ACT, 1980.
(ACT NO. 9 OF 1980)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Externment of Goondas.
4. Permission to return temporarily.
5. Extension of period of order.
6. Appeal.
7. Recognizance for certain purposes.
8. Nature of evidence.
9. Rescission of order.
10. Punishment for contravention of orders under
sections 3 to 6.
11. Forcible removal of externed Goonda Re-entering,
etc., a contravention of order.
12. Cognizance of offence.
13. Bar of jurisdiction of courts.
14. Protection of action taken under the Act.
15. Power to make rules.
16. Repeal of Ordinance 13 of 1979.
THE TELANGANA PREVENTION OF ANTI-SOCIAL AND
HAZARDOUS ACTIVITIES ACT, 1980.1
ACT No. 9 OF 1980.
1. (1) This Act may be called the 2Telangana Prevention of
Anti-Social and Hazardous Activities Act, 1980.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall be deemed to have come into force on the
26th October, 1979.
2. In this Act, unless the context otherwise requires,-
(a) “Code” means the Code of Criminal Procedure,
1973;
(b) “Commissioner” means the Commissioner of Police
appointed under section 5 of the Hyderabad City Police Act,
1348 F;
(c) “District” means the territorial division constituting
the district for the purpose of the Code;
(d) “District Magistrate ” includes an Additional District
Magistrate specially empowered by the Government in that
behalf;
1. The Andhra Pradesh Prevention of Anti -Social and Hazardous
Activities Act, 1980 received the assent of the President on 18.03.1980.
The said Act in force in the combined State, as on 02.06.2014, has been
adapted to the State of Telangana, under section 101 of the Andhra
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the
Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45,
Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
Central Act 2 of 1974.
Act IX of 1348 F.
2 [Act No.9 of 1980]
(e) “Goonda” means a person who –
(i) either by himself or, as a member or leader of a
gang, habitually commits or attempts to commit or abets the
commission of, offences punishable under section 294,
Chapter XVI, Chapter XVII, or Chapter XXII of the Indian
Penal Code, 1860; or
(ii) having once been convicted of an offence under
one or more of the following Acts is again convicted under-
(a) the Opium Act, 1878;
(b) the Dangerous Drugs Act, 1930;
(c) the Drugs and Cosmetics Act, 1940;
(d) the Prevention of Food Adulteration Act, 1954;
(e) the Essential Commodities Act, 1955;
(f) the Suppression of Immoral Traffic in Women
and Girls Act, 1956;
(g) sections 25, 26, 27, 28 or 29 of the Arms Act,
1959;
(h) the Customs Act, 1962;
(i) the Foreign Exchange Regulation Act, 1973;
(j) the 3Telangana Excise Act, 1968;
(k) the 4Telangana Gaming Act, 1974;
3. Adapted by G.O.Ms.No.162, Revenue (Excise -II) Department, dated
10.09.2015.
4. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Central Act 45 of 1860.
Central Act 1 of 1878.
Central Act 2 of 1930.
Central Act 23 of 1940.
Central Act 37 of 1954.
Central Act 10 of 1955.
Central Act 104 of
1956.
Central Act 54 of 1959.
Central Act 52 of 1962.
Central Act 46 of 1973.
Act 27 of 1974.
Act 17 of 1968.
[Act No.9 of 1980] 3
(l) the 5Telangana Prevention of Begging Act, 1977;
or
(iii) has been found habitually passing indecent
remarks to or teasing, women or girls; or
(iv) has been found habitual in intimida tion of law
abiding people by acts of violence or by show of force; or
(v) is habituated -
(a) to commit affray or breach of peace, riot; or
(b) to make forcible collection or subscription or to
threaten people for illegal pecuniary gain for himself or for
others; or
(c) to cause alarm, danger, or harm to persons or
property;
Explanation:- The word “ habitual” or “habituated”
wherever used in relation to a person in this clause means a
person, who during a period within six months immediately
preceding the commencement of an action under sectio n 3,
has been found on not less than three occasions to have
committed t he offences or acts, as the case may be,
referred to in sub-clauses (i) to (v) of this clause;
(f) “Government” means the State Government;
(g) “Officer-in-Charge of the Police Station” means
the Officer -in-Charge of police station being not below the
rank of Sub-Inspector;
5. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Act 12 of 1977.
4 [Act No.9 of 1980]
(h) “Police Station ” includes any place which the
Government may, by notification published in the Telangana
Gazette, declare to be police station for the purpose s of this
Act;
(i) “Tribunal” means the Tribunal appointed by the
Government.
3. (1) Where it appears to the Commissioner or the
District Magistrate-
(a) that any person is a goonda; and
(b) (i) that his movements or acts in the district or any
part thereof are causing or are ca lculated to cause alarm,
danger, or harm to persons or property; or
(ii) that there are reasonable grounds for believing
that he is engaged or about to engage in th e district or any
part thereof, in the commission or abetment, of any offence
or act specified in sub -clauses (i) to (v) of clause (e) of
section 2; and
(c) that witnesses are not willing to come forward to
give evidence against him by reason of apprehension, on
their part as regards the safety of their person or property;
the Commissioner or the District Magistrat e shall, by
notice in writing, i nform him of the general nature of the
material allegations against him in respect of clauses (a), (b)
and (c) and give him a reasonable opportun ity of tendering
an explanation regarding them.
(2) The person against whom an order under this
section is proposed to be mad e, shall have the right to
consult and to be defended by a counsel of his choice and
shall be given reasonable opportunity of examining himself,
Externment of
Goondas.
Externment of
Goondas.
[Act No.9 of 1980] 5
if he so desires and also of examining any other witnesses
or any relevant document that he may wish to produce in
support of his explanation, unless, for reasons to be
recorded in writing, the Commissioner or the District
Magistrate, is of opinion that the request is made for the
purpose of vexation or delay.
(3) The Commissioner or the District Magistrate on
being satisfied that the conditions specified in clauses (a),
(b) and (c) of sub-section (1) exist, may by order in writing –
(a) direct him to remove himself outside the district or
part thereof, as the case may be, by such route, if any, and
within su ch time as may be specified in the order, and to
desist from entering the district or the specified part thereof
until the expiry of such period, not exceeding six months, as
may be specified in the order;
(b) (i) require such person to notify his movem ents,
or to report himself, or to do both, in such manner, at such
time and to such author ity or person as may be specified in
the order;
(ii) prohibit or restrict possession or use by him of
any such article as may be specified in the order;
(iii) direct him otherwise to conduct himself in such
manner as may be specified in the order,-
until the expiration of such period, not exceeding six
months, as may be specified in the order.
4. The Commissioner or the District Magistrate may, by
an order, permi t any person in respect of whom an order
has been made under clause (a) of sub -section (3) of
section 3, to enter or return, for a temporary period, into or
to the ar ea from which he was directed to remove himself,
Permission to
return temporarily.
6 [Act No.9 of 1980]
subject to such conditions as the Commissioner or the
District Magistrate may specify and may, at any time rescind
any such permission.
5. The Commissioner or the District Magistrate may, after
giving, except where, for reasons to be recorded in writing,
he is satisfied that it is impractic able so to do, an
opportunity of making a representation in that behalf to the
person concerned, extend from time to time, in the interest
of the general pub lic the period specified in the order made
under section 3 but the period so extended shall in no case
exceed two years in the aggregate.
6. (1) Any person aggrieved by an order made under
section 3, section 4 or section 5, may appeal to the Tribunal
within fifteen days from the date of service of the order in the
manner prescribed by rules made in this behalf.
(2) The appellant or his counsel shall not be entitled to
inspect or to be informed of any record which was not
disclosed to him at the inquiry if any held under section 3.
(3) The Tribunal may either confirm the order with or
without modification, or set it aside and may pending
disposal of the appeal, stay th e operation of the order
subject to such terms, if any as it thinks fit.
7. (1) The Commissioner or the District Magistrate or the
Tribunal may for the purpose of –
(a) securing the attendance of any person against
whom an order is proposed to be made under section 3 or
has been made but its operation has been stayed under
section 6; or
(b) securing the due observance of any direction,
requirements, prohibition, restriction or condit ion specified
Extension of
period of order.
Appeal.
Recognizance for
certain purposes.
[Act No.9 of 1980] 7
in an order made in respect of any per son under section 3,
section 4, section 5 or section 6; require such person to
enter into a bond, with or without sureties.
(2) In particular and without prejudice to the generality
of the foregoing provisions,-
(a) the Commissioner or the District Magistrate while
issuing notice to any person under sub-section (1) of
section 3 may issue a warrant for his arrest with
endorsement thereon of a direction in terms of the
provisions of section 71 of the Code and the provisions of
sections 70 to 89 of the Code shall, so far as may be, apply
in relation to s uch warrant as if the Commissioner or the
District Magistrate, as the case may be, were the Court of a
Magistrate;
(b) if any person who is required to execute a bond
for the observance of any direction, requirement,
prohibition, restriction or condition fails to do so, he shall be
committed to prison, or, if he is already in prison, be
detained in prison until the period for which the direction,
requirement, prohibition, restriction, or condition is to
operate or until within such period he exec utes the bonds
with or without sureties, as the case may be, in terms of the
order, and the provisions of sections 119 to 124 of the Code
shall mutatis mutandis apply as if the Commissioner or the
District Magistrate or the Tribunal were the Court of a
Magistrate;
(c) the provisions of Chapter XXX III of the Code
relating to bonds shall mutatis mutandis apply in relation to
all bonds executed under this section as if the
Commissioner or the District Magistrate or the Tribunal were
the Court of Magistrate.
8 [Act No.9 of 1980]
8. The Commissioner or the District Magistrate or the
Tribunal may for the purpose of satisfying himself or itself as
to whether the conditions necessary for the making or
confirmation of an order under section 3 or section 6 exist or
not, take into consideration any evidence which he or it
considers to have probative value, and the provisions of the
Indian Evidence Act, 1872 shall not apply.
9. The Commissioner or the District Magistrate may at any
time rescind an order made under section 3, whether or not
such order was confirmed on appeal under section 6.
10. Whoever contravenes any order made under section 3,
section 4, section 5 or section 6 shall be punishable with
rigorous imprisonment for a term which may extend to three
years but shall not be less than six months, and with fin e
which may extend to three thousand rupees but shall not be
less than one thousand rupees.
11. (1) Where, after an order is made against a person
under section 3, section 4, section 5, or section 6, such
person,-
(a) has failed to remove himself from the district or
part thereof as directed by the order, or
(b) has re -entered the area, from which he was
ordered to remove himself during the period of operation of
that order-
the Commissioner or the District Magistrate, as the case
may be, may cause him to be arrested and removed in
police custody to such place outside the area specified in
the said order as he may direct.
(2) Any officer-in-charge of the police station may arrest
without warrant any person reasonably suspected of an act
Nature of
evidence.
Act 1 of 1872.
Rescission of
order.
Punishment for
contravention of
orders under
sections 3 to 6.
Forcible removal
of externed
Goonda Re-
entering, etc., a
contravention of
order.
[Act No.9 of 1980] 9
or omission sp ecified in sub -section (1), and shall forthwith
forward the person so arrested to the nearest Executive
Magistrate, who shall cause him to be forwarded to the
Commissioner or the District Magistrate, as the case may
be, who may thereupon cause the person to be removed in
police custody to such place outside the area specified in
the said order as he may direct.
(3) The provisions of this section are in addition to, and
not in derogation of, the provisions of section 10.
12. No Magistrate shall take cognizance of any offence
punishable under section 10, except –
(a) upon a report in writing of the facts constituting
such offence made by an officer -in-charge of the police
station; or
(b) upon information received from any person other
than an officer -in-charge of the police station, or upon his
own knowledge or suspicion, that such offence has been
committed.
13. No order made in exercise of any power conferr ed by
or under this Act shall be called in question in any court.
14. (1) No suit, prosecution or other legal proceeding shall
lie against any person for anything which is in good faith
done or intended to be done in pursuance of this Act, or of
any order made thereunder.
(2) No suit or other legal proceeding shall lie aga inst
the Government for any damage caused or likely to be
caused by anything which is in good faith done or intended
to be done in pursuance of this Act or of any order made
thereunder.
Cognizance of
offence.
Bar of jurisdiction
of courts.
Protection of
action taken
under the Act.
10 [Act No.9 of 1980]
15. (1) The Government may, by notification pu blished in
the 6Telangana Gazette, 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 each House of the State
Legislature, 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, both Houses agree 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
in the Telangana Gazette, 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 anythin g previously done
under that rule.
16. The Andhra Pradesh Prevention of Anti -Social and
Hazardous Activities Ordinance, 1979, is hereby repealed.
* * *
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power to make
rules.
Repeal of
Ordinance 13 of
1979.