The Telangana Public Security Act, 1992.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA 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 un-lawful.
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 un-lawful activities.
10. Movable property found in the notified place.
11. Power to forfeit funds of an unlawful association.
12. Revision.
13. Tresspass 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.
THE TELANGANA PUBLIC SECURITY ACT, 1992.1
ACT No.21 OF 1992.
1. (1) This Act may be called the 2Telangana Public
Security Act, 1992.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall be deemed to have come into force on the
17th June, 1992.
2. 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
2Telangana Gazette and the word ‘notified’ shall be
construed accordingly;
1. The Andhra Pradesh Public Security Act, 1992 received the assent of
the Governor on the 29 th September, 1992. 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.
2 [Act No.21 of 1992]
(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 interf ere 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 propogating 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 o ut
any one or more of the unlawful activities mentioned above;
(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. (1) If the Government is of opinion that any association
is, or has become, an unlaw ful association, it may by
notification, declare such association to be unlawful.
(2) Every such notification shall specify the grounds on
which it is issued:
Declaration of an
association as un-
lawful.
[Act No.21 of 1992] 3
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 b earer is not
available or refus es 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 news paper.
(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 t ime, 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. 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 not ification or
the date of receipt or affi xture ther eof 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. (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
Representation by
association.
Constitution and
reference to the
Advisory Board.
4 [Act No.21 of 1992]
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 Advisor y 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. (1) The Advisory Board shall after considering the
material place d before it and if necessary after calling for
such further information, as it may deem necessary from th e
Government or from any office bearer or member of the
association concerned and after giving personal hearing,
where s ought for to the authorised office -bearer of 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.
(3) The repo rt of the Advisory Board shall specify in a
separate part thereof its opinion or that of the majority of the
members as to whether or not there was sufficient cause for
the issue of the notif ication in respect of the association
concerned.
7. (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 not ification and
Procedure of the
Advisory Boards.
Action upon the
report of the
Advisory Board.
[Act No.21 of 1992] 5
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 notif ication as aforesaid the Government shall revoke
the notification forthwith.
8. (1) Whoever is a member of an unlawful association or
takes part in meetings or activities of any such association
or contributes or receives or 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 assi sts 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. (1) The Government or in any area for which a
Commissioner of Pol ice 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 pu rpose 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
Penalties.
Power to notify
and take
possession of
places used for
the purpose of un-
lawful activities.
6 [Act No.21 of 1992]
in writing by him may take possession of t he notified place
and evict there from 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 the ir 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. (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 suc h article to be forfeited
to Government.
(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.
Movable property
found in the
notified place.
[Act No.21 of 1992] 7
(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 claim ing that any article is not
liable for forfeiture to submit in writing within fifteen days any
representation he desires to make ag ainst forfeiture of the
article.
(5) The Competent Authority shall consider the
representation and pass such orders as he d eems 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 giving an opportunity to
the appellant. Such order of the Government shall be final.
(7) If the articles seized is livestock or is of a perishable
nature, the Competent Authority may, if he thinks it
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. (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
Power to forfeit
funds of an
unlawful
association.
8 [Act No.21 of 1992]
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 m ay 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 t o the
person, if any, in whose custody the monies, securities or
other assets are found of its intention to forfeit and such
person may m ake 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 d ealing 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 where
under such officer may enter upon any premises of the
person to whom the order is directed, examine the books of
such person or any officer, agent or serv ant of such person,
search for monies and securities and make inquiries from
[Act No.21 of 1992] 9
such person touching the origin of and dealings in any
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) 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 whe re 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 u nder 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 asse ts 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 othe r financial
assets or the market value of such securities.
Central Act 2 of 1974.
10 [Act No.21 of 1992]
(9) In this section, ‘security’ includes a document
whereby any person acknowledges that he is under a legal
liability to pay money, or where under any person obtains a
legal right to the payment of money and the marke t value of
any security means the value as fixed by any officer or
person deputed by the Government in this behalf.
(10) Except so fa r as is necessary for the purposes of
any proceeding under this section, no information obtained
in the course of any inv estigation made under sub -section
(5) shall be divulged by any officer of Gove rnment 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 discret ion 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 sat isfying themselves as to the legality,
regularity or propriety thereof and pass s uch 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. (1) An application for revision shall lie to the High
Court, against any order passed by the Government under
sub-section (1) of sect ion 7 confirming th e 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.
Revision.
[Act No.21 of 1992] 11
(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 the Government referred to in sub-section (1).
(3) Every revision petition under this section shall be
heard by a Bench of three Judges.
13. Any person who enters or r emains 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
tresspass.
14. 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 a ny 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. 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. 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
Tresspass upon
notified places.
Bar of jurisdiction.
Protection of
action taken in
good faith.
Constitution of
Association.
12 [Act No.21 of 1992]
any actual combination for the purposes of such association
continues between any members thereof.
17. (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 Legislature 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 Legislature 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. (1) The following Acts are hereby repealed:-
(a) The Indian Criminal Law Amendment (Andhra
Pradesh) (Andhra Area) Act, 1950; and
(b) The Andhra Pradesh (Telangana Area) Public
Security Act, 1348 F.
(2) Upon such repeal the provisions of section 8 of the
3Telangana General Clauses Act, 1891 or as the case may
be, sub-section (5) of section 3 of the 4Telangana General
Clauses Act, 1308 F shall apply.
3. Adapted by the Telangana Adaptation of Laws Order, 2016 issued in
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
4. Adapted by the Telangana Adaptation of Laws (No.2) Order, 2016
issued in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Power to make
Rules.
Repeal.
Act XI of 1950.
Act XII of 1348F.
Act 1 of 1891.
Act III of 1308F.
[Act No.21 of 1992] 13
(3) The Andhra Pradesh Public Security Ordinance,
1992 is hereby repealed.
* * *
Ordinance 6 of 1992.
Lex