LexThe Karimnagar (Metropolitan Area) Police Act, 2016.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE KARIMNAGAR (METROPOLITAN AREA) POLICE ACT, 2016.
(ACT NO. 2 OF 2017)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of Karimnagar Police Commissionerate
for the Metropolitan Area of Karimnagar.
4. Organisation of Police.
5. Appointment and removal of Police Commissioner.
6. Appointment of Deputy Commissioner and Assistant
Commissioner.
7. Application of the provisions of the Hyderabad City
Police Act, 1348 F.
8. Power to remove difficulty.
9. Power to give directions.
10. Power to make rules.
11. Amendment of Act X of 1329 Fasli.
12. Repeal of Ordinance 7 of 2016.
THE KARIMNAGAR (METROPOLITAN AREA) POLICE
ACT, 2016.
ACT No. 2 OF 2017.
[20th January, 2017]
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF
KARIMNAGAR POLICE COMMISSIONERATE FOR THE
METROPOLITAN AREA OF KARIMNAGAR AND FOR
THE MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
Be it enacted by the Legislature of the State of
Telangana in the Sixty -seventh year of the Republic of India
as follows:-
1. (1) This Act may be called the Karimnagar
(Metropolitan Area) Police Act, 2016.
(2) It extends to the limits of Karimnagar Metropolitan
Area, declared by the Government by notification.
(3) It shall be deemed to have been come into force
with effect from 8th October, 2016.
2. (1) In this Act, unless the context otherwise requires,-
(a) the “Karimnagar Metropolitan Area ” means, the
areas notified by the Government in this behalf;
(b) “Commissioner” means, Commissioner of Police
appointed by the Government under section 5 of the Act
and the word “Commissionerate” shall be construed
accordingly;
Received the assent of the Governor on the 19th January, 2017.
Short title, extent
and
commencement.
Definitions.
2 [Act No.2 of 2017]
(c) “Collector and District Magistrate ” means, the
District Collector and the District Magistrate of the
concerned District;
(d) “Government” means, the State Government of
Telangana;
(e) “Notification” means, a notification published in
the Telangana Gazette and the word “notified” shall be
construed accordingly;
(f) “Prescribed” means prescribed by rules under this
Act.
(2) The words and expressions used in this Act and not
defined, but defined in the Hyderabad City Police Act, 1348
F., shall have the meanings respectively assigned to them in
the said Act.
3. (1) With effect from the commencement of this Act, the
areas as notified by the Government as Karimnagar
Metropolitan Area under section 8 of the Code of Criminal
Procedure, 1973, shall be the Karimnagar Police
Commissionerate for the purpose of this Act, and on such
commencement the Karimnagar Police Commissionerate
shall be deemed to have been established for the said
Metropolitan Area of Karimnagar:
Provided that the Government may, from time to time,
after consultation with the Collector and District Magistrate
and Commissioner, by notification in the Telangana Gazette,
alter the limits of the Commissionerate constituted under
this sub-section so as to include therein or to exclude there
from the areas specified in the notification:
Act IX of 1348 F.
Establishment of
Karimnagar Police
Commissionerate
for the
Metropolitan Area
of Karimnagar.
Central Act 2 of 1974.
[Act No.2 of 2017] 3
Provided further that the power to issue a notification
under this sub -section shall be subject to previous
publication.
(2) Subject to the provisions of sub -sections (3) and
(4), the Telangana District Police Act, 1329 F ., shall with
effect from the commencement of this Act, cease to apply to
the Karimnagar Metropolitan Area.
(3) Such cessation shall not effect,-
(a) the previous operation of the Telangana District
Police Act, 1329 F ., in respect of the areas within the
Metropolitan area of Karimnagar;
(b) any penalty, forfeiture or punishment incurred in
respect of any offences committed under t he provisions of
the Telangana District Police Act, 1329 F.;
(c) any investigation, legal proceedings or remedy in
respect of such penalty, forfeiture or punishment and any
such penalty, forfeiture or punishment may be imposed as if
this Act had not been enacted.
(4) Notwithstanding anything contained in sub -section
(2), all notifications, rules, regulations, orders, directions,
and powers made, issued or conferred under the provisions
of the Telangana District Police Act, 1329 F ., and in force at
the commencement of this Act, shall so far as they are not
inconsistent with the provisions of this Act continue to be in
force in the Karimnagar Metropolitan Area, until they are
replaced by the notification, rules, regulations, orders,
directions and powers to be made or issued or conferred
under this Act.
4. (1) With effect from the date of commencement of this
Act, the Police Force functioning in the Karimnagar
Organisation of
Police.
Act X of 1329 F.
Act X of 1329 F.
Act X of 1329 F.
Act X of 1329 F.
4 [Act No.2 of 2017]
Metropolitan area shall be deemed to be the Police Force of
such Metropolitan area.
(2) Notwithstanding anything contained in sub -section
(1), it shall be competent for the Government to appoint any
Police Force as may be prescribed in this behalf from time
to time.
5. (1) The control and supervision of Police Force
specified under section 4 shall, subject to the orders of the
Government, be vested in an officer, who shall be called the
Commissioner of Karimnagar for the metropolitan area and
who may from time to time, be appointed and removed by
the Government.
(2) The Headquarters of the Commissionerate shall be
at Karimnagar or at such other place as may be notified.
(3) The Commissioner shall be designated as
Commissioner of Police and Add itional District Magistrate,
Karimnagar.
6. (1) The Government may, from time to time, appoint
one or more Deputy Commissioners and one or more
Assistant Commissioners or may remove any Deputy
Commissioner or Assistant Commissioner so appointed.
(2) Every such Deputy Commissioner shall, subject to
the orders of the Commissioner, be competent to exercise
all powers or perform some of the duties which are required
to be performed by the C ommissioner under this Act or any
other enactment for the time being in force, and every
Assistant Commissioner of Police appointed under sub -
section (1) shall exercise such powers or perform such
duties as may from time to time be conferred upon or
assigned to him by the Commissioner:
Appointment and
removal of Police
Commissioner.
Appointment of
Deputy
Commissioner
and Assistant
Commissioner.
[Act No.2 of 2017] 5
Provided that the Deputy Commissioner and Assistant
Commissioner shall not exercise the powers regarding
making rules for regulation of traffic and for preservation of
orders and judicial powers of superior police officer, vested
in the Commissioner.
7. (1) Save as otherwise expressly provided herein, all
provisions of the Hyderabad City Police Act, 1348 F .,
(hereinafter in this section called “the said Act ”) including
the provisions relating to make rules for regulation of traffic
and for preservation of orders and giving directions to public
are hereby extended to and shall apply mutatis mutandis to
the Karimnagar Commissionerate and the said Act shall, in
relation to the Commissionerate be read and construed as if
the provisions of the said Act had formed part of this Act.
(2) The Commissioner and the Deputy Commissioners
of Police of Karimnagar Police Commissionerate shall
exercise the powers of the District Magistrate under section
47 of the Hyderabad City Police Act, 1348 F ., in the limits of
urban police stations as may be notified by the Government,
from time to time, in consul tation with the Collector and
District Magistrate / Commissioner of Police.
(3) For the purpose of facilitating the application of the
provisions of the Hyderabad City Police Act, 1348 F ., to the
Karimnagar Commissionerate, the Government may, by
notification, make such adaptations and modifications of the
said Act and rules, notifications, regulations, orders,
directions made thereunder whether by way of repealing,
amending or suspending any provision thereof as may be
necessary or expedient and thereupon the said Act and the
rules, notifications, regulations, orders and directions made
thereunder, shall apply to the Karimnagar Commissionerate,
subject to the adaptation and modifications so made.
Application of the
provisions of the
Hyderabad City
Police Act, 1348
F.
Act IX of 1348 F.
Act IX of 1348 F.
Act IX of 1348 F.
6 [Act No.2 of 2017]
(4) Notwithstanding that no pro vision or insufficient
provision has been made under sub -section (3) for the
adaptation of the provisions of the said Act, rules,
notifications, regulations, orders and directions made
thereunder, any Court, Tribunal or authority, required or
empowered to enforce those provisions may, for the
purpose of facilitating their application to the
Commissionerate, construe these provisions in such
manner, without affecting the substance as may be
necessary or proper in regard to the matter before the
Court, Tribunal or Authority.
8. (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by notification
in the Telangana Gazette do anything not inconsistent with
such provisions which appear to them to be expedient or
necessary for the purpose of removing the difficulty.
(2) Every notification issued under this section shall be
laid before the Legislature of the State as soon as possible
after it is issued and if the Legislature agrees in making any
modification in the notification or in the annulment of the
notification, the notification shall thereafter have effect only
in such modified form or 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 notification.
9. The Government may, from time to time, give such
directions not inconsistent with the provisions of the Act or
the rules made thereunde r to the Karimnagar
Commissionerate as it may consider necessary for carrying
out the purposes of this Act.
10. (1) The Government may, by notification, make rules
for carrying out all or any of the purposes of this Act.
Power to remove
difficulty.
Power to give
directions.
Power to make
rules.
[Act No.2 of 2017] 7
(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.
11. In the Telangana District Police Act, 1329 F., in section
1, for the words “and the Cyberabad Metropolitan Area”, the
words “Cyberabad Metropolitan Area, the Rachakonda
Metropolitan Area, the Warangal Metropolitan Area and the
Karimnagar Metropolitan Area” shall be substituted.
12. The Karimnagar (Metropolitan Area) Police Ordinance,
2016 is hereby repealed.
* * *
Amendment of
Act X of 1329
Fasli.
Repeal of
Ordinance 7 of
2016.