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The Telangana Public Security Act, 1992.

Telangana · state statute
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THE 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. 

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