LexThe Telangana Public Security Measures Act, 1951.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PUBLIC SECURITY MEASURES ACT, 1951.
(ACT NO. XXIX OF 1951.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Power to make orders restricting movements or
actions of persons.
3. Contents and duration of the order under sub-
section (1) of section 2.
4. Constitution of the Advisory Board and the
procedure for consideration by the Board of order
under sub-section (1) of section 2.
5. Imposition of Collective fine.
6. Control of camps, parades, etc.
7. Omitted.
8. Control of commodities, etc.
9. Power to order persons to assist in restoring law
and order and preserving property and to furnish
information.
10. Delegation of powers and duties of the State
Government.
11. Presumption in prosecutions for contravention of
orders and privileges of public officers not to
disclose facts or to produce documents.
12. Publication and service of orders made under this
Act.
13. Power to arrest without warrant.
14. Repeals and savings.
15. Protection of action taken under this Act.
2 [Act No. XXIX of 1951]
16. Power to make rules.
17. Application of the other laws not barred.
THE TELANGANA PUBLIC SECURITY MEASURES
ACT, 1951.1
ACT No. XXIX OF 1951.
1. (1) This Act may be called 2[the Telangana Public
Security Measures Act, 1951].
(2) It shall extend to the whole of 2[the State of
Telangana] and shall come into force from the date of its
publication in the 3[Official Gazette].
2. (1) The State Government may, if it is satisfied in
respect of any person that in the interests of the general
public it is necessary to do so make an order—
(a) directing that, except in so far as he may be
permitted by the provisions of the order, or by such
authority or person as may be specified therein , he shall not
be in any such area or place in 4[the area to which this Act
extends] as may be specified in the order;
(b) requiring him to reside or remain in such place or
within such area in 4[the area to which this Act extends] as
may be specified in the order and, if he is not already there,
to proceed to that place or area within such time as may be
specified in the order;
1. The Andhra Pradesh (Telangana Area) Public Security Measures Act,
1951 applicable to the Telangana Area of the State of A.P. and 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
(No.2) Order, 2016 issued in G.O.Ms.No.46, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Substituted for the word “Jarida” by the Andhra Pradesh Adaptation
of Laws Order (A.P.A.O.), 1957.
4. Substituted for the words “the State” by the A.P.A.O., 1957.
Short title, extent
and
commencement.
Power to make
orders restricting
movements or
actions of
persons.
2 [Act No. XXIX of 1951]
(c) requiring him to notify his movements or to report
himself or to do both in such manner, at such time and to
such authority or person, as may be specified in the order;
(d) imposing upon him such restrictions as may be
specified in the order, in respect of his employment or
business or dealings with other persons;
(e) prohibiting or restricting the possession or use by
him of any such article or articles as may be specified in the
order.
(2) No order under sub -section ( 1) shall be made
directing the exclusion or removal 5[from the area to which
this Act extends of any person ordinar ily resident in that
area.]
(3) An order made under sub -section (1) may require
the person in respect of whom it is made to enter into a
bond with or without sureties, for the due observance of the
restrictions or conditions specified in the order.
(4) If any person is found in any area or place in
contravention of an order made under the provisions of this
section, or fails to leave any area or place in accordance
with the requiremen ts of such order, he may without
prejudice to the provisions of sub-section (5) be removed by
any police officer from such area or place.
(5) If any person contravenes any order made under
this section he shall, on conviction, be punishable with
imprisonment for a term which may extend to one year or
with fine, or with both, and if such person has entered into a
bond in pursuance of the provisions of sub -section (3), his
5. Substituted for the words “from the State of any person ordinar ily
resident in the State” by ibid.
[Act No. XXIX of 1951] 3
bond shall be forfeited and any person bound thereby shall
pay the penalty thereof or show cause to the satisfaction of
the court why such penalty should not be paid.
3. (1) An order under sub -section (1) of section 2 in
respect of any person, shall be served on that person and
shall—
(a) specify the grounds on which it is issued and
such other particulars, if any, as may have a bearing on the
necessity therefor; and
(b) fix a period of ten days for the person against
whom the order is made to make a representation to the
State Government in respect of the issue of the order.
(2) No order against any person under sub -section (1)
of section 2 shall remain in force for a longer period than
three months unless an Advisory Board constituted under
sub-section (2) of section 4 has reported under sub -section
(3) of that section before the expiration of the said period.
(3) Nothing in sub -section ( 1) shall require the State
Government to disclose any facts which it considers to be
against the public interest to disclose.
4. (1) After the expiry of the time fixed in the order for the
making of representation in respect of the issue thereof, the
State Government shall place before an Advisory Board
constituted under sub -section (2) a copy of the order and
also of the representation, if any, received before such
expiry.
(2) The State Government shall, whenever necessary
constitute one or more Adv isory Boards and each such
Board shall consist of three persons who are, or have been,
or are qualified to be appointed as, Judges of the High
Contents and
duration of the
order under
sub-section (1) of
section 2.
Constitution of the
Advisory Board
and the procedure
for consideration
by the Board of
order under
sub-section (1) of
section 2.
4 [Act No. XXIX of 1951]
Court, and one of them shall be its Chairman. The Chairman
and the other members of each Board shall be appointed by
the State Government.
(3) The Advisory Board shall, after considering the
materials placed before it and, if necessary, after calling for
such further informa tion as it may deem fit from the State
Government, the person against whom the order is made or
any other person, submit its report to the State Government.
(4) The report of the Advisory Board shall specify in a
separate part thereof its opinion or that of the majority of its
members as to whether or not there was sufficient cause for
the issue of the order in respect of the person concerned.
(5) Nothing in this section shall entitle any person to
attend in person or to appear by any legal practitioner in any
matter connected with the reference to the Advisory Board,
and the proceedings of th e Advisory Board and its report,
excepting that part thereof in which its opinion or that of the
majority of its members is specified, shall be confidential:
Provided that the Advisory Board may, if it thinks fit,
permit the person against whom the order under
sub-section (1) of section 2 has been made, to appear in
person but not by a legal practitioner before the Board at
any stage of the proceedings referred to in this sub-section.
(6) After considering the report of the Advisory Board,
the State Government may confirm, modify or cancel the
order, under sub -section ( 1) of section 2, stating (except
where the o rder is cancelled) the period during which the
order as confirmed or modified shall remain in force.
5. (1) If it appears to the State Government t hat the
inhabitants or any class or section of inhabitan ts of any area
are concerned in or are abetting the commission of offences
Imposition of
collective fine.
[Act No. XXIX of 1951] 5
resulting or likely to result in death or grievous hurt or loss of
or damage to pr operty, or are harbouring persons
concerned in the commission of such offences, or are
suppressing material evidence of the commission of such
offences, or have contravened a general order made under
sub-section (1) of section 9, the State Government may b y
notification in the Official Gazette impose a collective fine on
such inhabitan ts or class or section of inhabitan ts of that
area.
(2) The Commissioner of Police in the City of
Hyderabad and the Collector elsewhere may exercise the
power conferred by s ub-section (1) on the State
Government.
(3) The State Government may make rules prescribing
the manner in which an order made by the Commissioner of
Police or the Collector shall be published.
(4) The State Government or the Commissioner of
Police or the Collector, as the case may be, may by general
or special order exempt any person or any class or section
of such inhabitan ts from liability to pay any portion of any
fine imposed under this section.
(5) The Commissioner of Police or the Collector, as the
case may be, shall after such enquiry as he may deem
necessary, appor tion such fine in such manner as is
deemed proper among the inhabitan ts who are liable
collectively to pay it.
(6) In any such appor tionment the Commissioner of
Police or the Collector, as the case may be, may fix the fine
to be paid by a joint or undivided family.
(7) The fine payable by any person (including a joint or
undivided family) may be recovered—
6 [Act No. XXIX of 1951]
(a) in the manner provided in the 6Code of Criminal
Procedure, 1898, hereinafter referred to as the Code, for the
recovery of fines imposed by a court, as if such fine were a
fine imposed by a court:
Provided that the State Government may make rules
under this Act regulating the manner in which warrants
under section 38 6 of the Code are to be executed fo r
recovering the fine imposed under this section, and for the
summary determination of any claims made by any person
other than the person liable to pay the fine in respect of any
property attached in execution of the warrant; or
(b) as arrears of land revenue.
(8) The State Government or the Commissioner of
Police or the Collector, as the case may be, may, after
making such inquiry as may be deemed necessary, refund
either wholly or in part any fine paid by, or recovered from,
any person under this section.
(9) The State Government may award compensation
out of the proceeds of a fine realised under this section to
any person to whom, in its opinion, damage in person or
property has been caused by the unlawful ac ts of the
inhabitants of the area.
6. (1) The State Government may in the interests of public
order by general or special order, prohibit or restrict in any
area any exercise, movement , evolution or drill of a military
nature specified in the order.
(2) With a view to securing that no unauthorised
exercise, movement, evolution or drill of a military nature is
performed at any place, the State Government may, by
6. Please see now the Code of Criminal Procedure, 1973.
Control of camps,
parades, etc.
[Act No. XXIX of 1951] 7
general or special order , prohibit, restrict or impose
conditions on the holding of, or taking part in, any camp,
parade, meeting, assembly or procession, by any class of
persons or organisation specified in the order.
(3) If any person contravenes any order made under
this section, he shall, on conviction, be punishable with
imprisonment for a term which may extend to one year or
with fine or with both.
7[7. [XXX]]
8. (1) If in the opinion of the State Government it is
essential for the purposes of the security 8[of the area to
which this Act extends] or the maintenance of public order
9[in the said area] or any part thereof to restrict the removal
of any commodity, art icle or thing 10[from the said area] or
such part, the State Government may, by general or special
order, direct that no person shall remove such commodity,
article or thing 10[from the said area] or without the
permission in writing in the City of Hyderaba d of the
Commissioner of Police and elsewhere of the Collector:
Provided that nothing in this sub -section shall apply to
any goods to which the Supply and Prices of Goods Act,
1950 (LXX of 1950) applies.
(2) If any person contravenes any o rder made under
sub-section (1) he shall, on conviction, be punishable with
imprisonment for a term which may extend to one year, or
with fine or with both.
7. Section 7 omitted by the A.P.A.O. 1957.
8. Substituted for the words “of the State” by ibid.
9. Substituted for the words “in the State” by ibid.
10. Substituted for the words “from the State” by ibid.
Control of
commodities, etc.
8 [Act No. XXIX of 1951]
9. (1) The State Government may, in the interests of the
security of the State, or of the maintenance of public order
or of services essential to the life of the community, by
general or special order, direct that the inhabitants within
such area as may be specified in the order shall—
(i) assist in the maintenance or restora tion of public
order, or in the protection of property for such period and in
such manner as may be specified in the said order;
(ii) furnish to any authority or person specified in the
said order any information so specified, which is in their
possession or of which they could with the exercise of due
diligence become possessed.
(2) If any person contravenes any order made under
sub-section (1) he shall be punishable with imprisonment for
a term which may extend to one year or with fine or with
both:
Provided that any court convicting any person for such
contravention shall, in determining the punishment to be
awarded, take into account the amoun t, if any, apportioned
on such person of any collective fine imposed under
section 5.
10. The State Government may by order direct that any
power or duty which is conferred or imposed on the State
Government by or under this Act s hall in such
circumstances and under such conditions, if any, as may be
specified in the order, be exercised o r discharged by any
officer or authority subordinate to it, not being in the opinion
of the State Government below the rank of a Commissioner
of Police or a Collector.
Power to order
persons to assist
in restoring law
and order and
preserving
property and to
furnish
information.
Delegation of
powers and duties
of the State
Government.
[Act No. XXIX of 1951] 9
11. Notwithstanding anything contained in any law for the
time being in force, in a prosecution for an offence for the
contravention of an order under this Act, on the production
of an authentic copy of the order,
(1) it shall, until the contrary is proved and the proving
of which shall lie on the accused, be presumed—
(a) that the order was made by the authority
competent under this Act to make it;
(b) that the author ity making the order was satisfied
that the grounds on or the purpose for which it was made
existed, and that it was necessary to make the same; and
(c) that the order was otherwise valid and in
conformity with the provisions of this Act; and
(2) no public officer shall be compelled to disclose any
fact or to produce any document when he considers that the
public interest would suffer by the disclosure of such fact or
the production of such document although such fact or
document may be relevant to any of the matters contained
in the order.
Explanation.— For the purposes of this Act, an
authentic copy of the order means a copy certified in a
manner prescribed under section 76 of the Indian Evidence
Act, 1872, or if this Act requires that the order be published
in the 11[Official Gazette], a copy of the 11[Official Gazette ]
relating to the publication of the order.
11. Substituted for the word “Jarida” by the A.P.A.O., 1957.
Presumption in
prosecutions for
contravention of
orders and
privileges of
public officers not
to disclose facts
or to produce
documents.
10 [Act No. XXIX of 1951]
12. (1) Save as othe rwise provided by or under this Act,
every order made under this Act shall—
(a) if it is an order of a general nature or affectin g a
class of persons, be published in such manner as may in
the opinion of the author ity making it, be best adopted for
informing the persons affected by the order;
(b) if it is an order affecting a corporation be served—
(i) on the Secretary or any Director, or other
principal officer of the corporation; or
(ii) by leaving it or sending it by registered post
addressed to the corporation at its registered office or if
there is no registered office then at the place where t he
corporation carries on business;
(c) if it is an order affecting a firm, be served—
(i) upon any one or more of the partners, or
(ii) upon any person having, at the time of service,
the control or management of the partnership business at
the principal place at which such business is carried on
within India; and
(d) if it is an order affecting an individua l person other
than a corporation or a firm, be served on the person—
(i) personally, by delivering or tendering to him the
order, or
(ii) by registered post, or
Publication and
service of orders
made under this
Act.
[Act No. XXIX of 1951] 11
(iii) when the person cannot be found, by leaving an
authentic copy of the order with some adult male member of
the family, or
(iv) by affixing such copy to some conspicuous part
of the premises in which he is known to have last resided or
carried on business or worked for gain.
(2) Where the questio n arises whether a person was
duly informed of an order made in pursuance of this Act,
compliance with the requirements of sub-section (1) shall be
a conclusive proof t hat he was informed; but failure to
comply with the said requiremen ts shall not preclude proof
by other means that he was so informed or affect the validity
of the order.
13. Any police officer may arrest without warrant any
person who is reasonably suspected of having committed
an offence punishable under this Act.
14. (1) The enactments specified in the following table are
hereby repealed to the extent mentioned in the fourth
column thereof:-
Power to arrest
without warrant.
Repeals and
savings.
12 [Act No. XXIX of 1951]
Enactments Repealed.
Year No. if
any
Short title Extent of repeal
1 2 3 4
1348 F
1348 F
1358 F
XII
VIII
The Andhra Pradesh
(Telangana Area)
Public Security Act.
The Defence of
Hyderabad
Regulation, 1348-F.
The Public Safety and
Public Interest
Regulation.
The whole except—
(1) Section 1 and Chapter III,
(2) Section 2 to the extent to
which it defines words
and expressions used in
Chapter III, and
(3) Section 36 to the extent
to which it applies to
offences punishable
under Chapter III.
To the extent to which it
enables rules to be made
and enforced in relation to
matters in respect of which
powers are conferred by the
Telangana Publi c Security
Measures Act, 1951.
The whole.
(2) Every notification issued, or appointment or order
made under—
(i) the Public Safety and Public Interest Regulation
(VIII of 1358 F.), or
[Act No. XXIX of 1951] 13
(ii) a provision of 12[the Andhra Pradesh (Telangana
Area) Public Security Act, 1348 F.] repealed by sub -section
(1), or
(iii) a rule included in the Defence of Hyderabad
Rules which ceases to have effect by reason of the partial
repeal of the Defence of Hyderabad Regulation, 1348 F., by
sub-section (1),
which was in force immediately before the commencement
of this Act, so far as it could validly have been issued or
made under this Act, shall continue in force and be deemed
to have been issued under this Act until it is superseded or
modified by compe tent authori ty under this Act, and any
proceeding under the said Regulation or Act or under any
such rule pending on the date of c oming into operation of
this Act may be continued as if it were a proceeding under
this Act.
15. No suit, prosecution or other legal proceedings shall lie
against any per son for anything in good faith done or
intended to be done in pursuance of this Act.
16. The State Government may by notification in the
13[Official Gazette] and subject to the condition of previous
publication make rules to carry out the purposes of this Act.
17. The provisions of this Act shall be in addition to and not
in derogation of any other Act or Regulation for the time
being in force.
* * *
12. Substituted for the original short title by Act IX of 1961.
13. Substituted for the word “Jarida” by the A.P.A.O. 1957.
Protection of
action taken
under this Act.
Act XII of 1348 F.
Power to make
rules.
Application of
other laws not
barred.