LexThe Telangana Special Protection Force Act, 1991.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA SPECIAL PROTECTION FORCE ACT, 1991.
(ACT NO. 25 OF 1991)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Constitution of the Force.
4. Appointment and powers of the Director-General and
Supervisory Officers.
5. Appointment of enrolled members of the Force.
6. Certificates of members of the Force.
7. Superintendence and administration of the Force..
8. Duties of members of Force.
9. Deputation of the Force.
10. Power to arrest without warrant.
11. Power to search without warrant.
12. Procedure to be followed after arrest.
13. Protection of action done in good faith.
14. Cognizance of offence.
15. Members of the Force to be considered always on duty
and liable to be employed anywhere in the State and
outside also.
16. Punishments and appeals.
17. Restrictions respecting rights to form Association.
18. Surrender of certificate, arms etc., by persons ceasing
to be members of the Force.
19. Application of Act, 1922 to the members of the Force.
2 [Act No. 25 of 1991]
20. Certain Acts not to apply to members of the Force.
21. Power to make Rules.
THE TELANGANA SPECIAL PROTECTION FORCE ACT,
1991.1
ACT No.25 OF 1991.
1. (1) This Act may be called the 2Telangana Special
Protection Force Act, 1991.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the State
Government may, by notification appoint.
2. In this Act, unless the context otherwise requires,-
(a) „armed force‟ means the Special Protection Force
constituted under section 3;
(b) „autonomous body‟ means an institution wholly or
partially run on the funds or grants of or controlled by the
Government;
(c) „Director-General‟ means the Director General of the
Force appointed under section 4;
(d) „enrolled members of the Force‟ means any
subordinate officer, under officer or any other member of the
Force of the rank not lower than that of an under officer;
1. The Andhra Pradesh Special Protection Force Act, 1991 received the
assent of the Governor on the 23rd October, 1991. 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.25 of 1991]
(e) „establishment‟ means an office, guest house or
such other institutions run by the Government;
(f) „Force custody‟ means the arrest or confinement of
a member of the force in accordance with the rules made
under this Act;
(g) „Government‟ means Government of 3Telangana;
(h) „industrial undertaking‟ means any undertaking
pertaining to a scheduled industry and includes an
undertaking engaged in any other industry, or in any trade,
business or service which may be regulated by law made by
the Parliament or Legislature of the State;
(i) „industrial undertaking in public sector‟ means an
industrial undertaking owned, controlled or managed by the
Government and includes,-
(i) a Government company as defined in section 617
of 4the Companies Act, 1956;
(ii) a Corporation established and is control led by the
Government;
(j) „Managing Director ‟ in relatio n to an industrial
undertaking, means the person, who exercises control over
the affairs of that undertaking and includes a general
manager, manager, chief ex ecutive officer or called by any
other name;
(k) „Member of the Force‟ means a person appointed
as such to the Force under this Act;
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
4. Now see the provisions of the Companies Act , 20 13 (Central Act
No.18 of 2013).
Central Act 1 of 1956.
[Act No.25 of 1991] 3
(l) „Prescribed‟ means prescribed by rules made under
this Act;
(m) „scheduled industry‟ means any industry engaged
in the manufacture or production of the articles mentioned in
the First Schedule to the Industries Development and
Regulation Act, 1951;
(n) „State‟ means the State of 5Telangana;
(o) „strategic and vital installations‟ means all such
vulnerable points or areas as specified by the Government
from time to time, and declared essential for the
maintenance of the life of the community and which require
special protection against sabotage;
(p) „subordinate officer‟ means a person appointed to
the force as an Inspector, a Sub -Inspector or an Assistant
Sub-Inspector;
(q) „supervisory officer ‟ means any of the officers
appointed under section 4 and includes any other officer
appointed by the Government as supervisory officer of the
Force;
(r) „under officer ‟ means a person appointed to the
Force as a Head Constable, or Constable.
3. (1) The Government shall, as soon as may be after the
commencement of this Act, by notification constitute an
armed force called, “The 5Telangana Special Protection
Force”.
(2) The Force shall consist of such number of
supervisory officers, subordinate o fficers, under officers and
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Constitution of the
Force.
Central Act 65 of 1951.
4 [Act No.25 of 1991]
other enrolled members and shall receive such pay and
other remuneration as may be prescribed.
(3) The Headquarters of the Force shall be at
Hyderabad or at such other places as may be specified by
the Government from time to time.
4. (1) The Government may appoint a person to be the
Director-General of the Force and may appoint other person
to be Inspectors -General, Deputy Inspectors General,
Commandants, Deputy Commandants and Assistant
Commandants of the Force.
(2) The Director -General and every other supervisory
officer so appointed under sub -section (1) shall have and
may exercise, such powers and perform s uch duties as may
be prescribed.
5. The Director -General or such supervisory officer as
may be authorised by the Government shall enroll members
of the Force in the manner prescribed.
6. Every enrolled member under section 5 shall be
granted, on his appointment, a certificate in the form
prescribed under the seal of the Director -General or such
other supervisory officer as the Director General may specify
in this behalf, and the person holding s uch certificate shall
exercise the powers of an enrolled member of the Force and
perform such duties as may be prescribed.
7. (1) The Director -General shall be the principal
administrative officer of the Force subject to the overall
control of the Government. He shall exercise such powers
and perform such duties as may be prescribed.
(2) Subject to the provisions of the sub -section (1) the
administration of the Force within such local limits as may
Appointment and
powers of the
Director-General
and Supervisory
Officers.
Appointment of
enrolled members
of the Force.
Certificates of
members of the
Force.
Superintendence
and
administration of
the Force.
[Act No.25 of 1991] 5
be prescribed shall be carried on by the Inspector -General,
Deputy Inspector General, Commandant, Deputy
Commandant or Assistant Commandant in accordance with
the provisions of this Act and any rules made thereunder
and every supervisory officer placed in char ge of the
protection and security of Government Treasuries,
Institutions, autonomous bodies, industrial under -takings
assets owned and controlled by the State and Central
Governments and strategic and vital installations in the State
shall function on such terms and conditions as may be
prescribed and shall subject to any direction that may be
given by the Government or the Director -General in this
behalf, discharge his functions under the general
supervision, direction and control of the authority in charg e
of the ins titutions, autonomous bodies or strategic and vital
installations and managing directors of industrial
undertakings.
8. It shall be the duty of every officer and member of the
Force:-
(i) to obey and execute all orders lawfully issued to him
by his superior authority;
(ii) to protect and safeguard the Government
Treasuries, institutions, autonomous bodies, industrial
undertakings and assets owned and controlled by the State
Government or st rategic and vital installations under their
control;
(iii) to protect and safeguard such other industrial
undertakings and installations for the protection and security
of which he is deputed under section 9;
(iv) to protect and safeguard the employees of the
Industrial Undertakings and installations referr ed to in
clauses (ii) and (iii);
Duties of
members of
Force.
6 [Act No.25 of 1991]
(v) to do any other act conductive to the protection and
security of the institutions, autonomous, bodies, industrial
undertakings and assets or strategic and vital i nstallations
referred to in clauses (ii) and (iii) and the employees referred
to in clause (iv).
9. Subject to any general direction of the Government
and the recovery of charges of the force on such terms and
conditions as may be prescribed under clause ( j) of sub -
section (2) of section 21 of the Act, it shall be lawful for the
Director-General on a request received in this behalf from
the authority in charge of the establishments, institutions,
autonomous bodies, industrial un dertakings and assets, or
strategic vital installations, which are not owned or
controlled by the State Government or which are financed,
owned or controlled by the Central Government, showing
the necessity thereof, to depute such number of the
members of the Force as the Director-General may consider
necessary for the protection and security thereof and any
installations attached thereto and the members of the Force
so deputed shall be at the charge of such officer or authority
as directed by the Director -General or any other officer on
his behalf:
Provided that in the case of an establishment,
institution, autonomous body, undertaking, strategic or vital
installations controlled or managed,-
(a) by a Government Company in which the
Government is not having interest, no such request shall be
entertained unless it is made with the consent of the
Director-General or with the approval of the Government;
(b) if the Director -General is of the opinion th at the
circumstances necessitating the deputation of the members
of the Force in relation to an institut ion, autonomous body,
an industrial undertaking and assets or strategic and vital
Deputation of the
Force.
[Act No.25 of 1991] 7
installations under sub -clause (a) have ceased to exist, he
may withdraw the members of the Force so deputed without
assigning any reason thereof;
(c) every member of the Force while discharging his
functions during the period of deputation shall continue to
exercise the same powers and be subject to the same
responsibilities, discipline and penalties as would have been
applicable to him under this Act, if he had been discharging
those duties in relation to an establishment, an institution,
an autonomous body, an industrial undertaking and assets
or strategic and vital installations of State Government.
10. (1) Any member of Force, may without any order from
a Magistrate and without a warrant arrest:-
(i) any person, who voluntarily causes hurt to or
attempts voluntarily to cause hurt to, or wrongfully restrains
or at tempts wrongfully to restrain or assaults , threatens to
assault or uses or threate ns or attempts to use criminal
force to any employee, referred to in clause (iv) of section 8,
or to him or any other member of the Force in discharge of
his duty as such employee or in execution of his duty as
such member, as the case may be, or with intent to prevent
or to deter him from discharging his duty as such member
or in consequence of anything done or attempted to be
done by him in t he lawful discharge of his duty as such
member;
(ii) any person who has be en concerned in, or
against who m a reasonable suspicion exists of his having
been concerned in or who is found taking precau tions to
conceal his presence under circumstances which afford
reason to believe that he is taking such precautions with a
view to committing, a cognizable offence which relates to
property belonging to, or in the premises of, any
establishment, institution, autonomous body, industrial
Power to arrest
without warrant.
8 [Act No.25 of 1991]
undertaking and assets o r any strategic and vital
installations referred to in clauses (ii) and (iii) of section 8, or
relates to other installations, or to property in the premises
of the other installations, referred to in these clauses or the
establishments, institutions, auto nomous bodies, industrial
undertakings and assets or strategic vital installations for the
protection of which he is deputed under section 9;
(iii) any person who commits or attempts to commit a
cognizable offence which involves or which is likely to
involve danger, to the life of any person engaged in carrying
on a ny work relating to any establis hment, institution,
autonomous body, undertaking, or installations referred to
in clauses (ii) of this sub-section.
(2) If any person is found trespassing on the premises
of any industrial undertaking referred to in clause (ii) of sub -
section (1 ), he may, without prejudice to any other
proceedings which may be taken against him, be removed
from such premises by any member of the Force.
11. (1) Whenever any member of the Force, has reason to
believe that any such offence as is referred to in section 10
has been or is being committed and that, a search warrant
cannot be obtained without affording the offender an
opportunity of escaping or concealing evidence of the
offence, he may detain the offender and search his person,
belongings and premises forthwith and, if he thinks proper,
arrest any person whom he has reason to believ e to have
committed the offence.
(2) The provisions of the Code of Criminal Procedure
1973 relating to searches under that Code shall, so far as
may be apply to searches under this section.
Power to search
without warrant.
Central Act 2 of 1974.
[Act No.25 of 1991] 9
12. Any member of the Force making an arrest under this
Act, shall, without unnecessary delay, make over the person
so arrested to a police officer, or, in the absence of a police
officer, take such person or cause him to be taken to the
nearest police station together with a report of the
circumstances occasioning the arrest.
13. No suit or prosecution shall be entertained in any Court
against the Force or against any officer or member of the
Force or against any person acting under the order or
direction of the Force or any officer or member of the Force
for anything which is in good faith done or intended to be
done under this Act or any rules made thereunder.
14. No court shall take co gnizance of an offence against
any member of the Force with regard to any act done by
him while discharging or purporting to act in the discharge
of his duty except with the prior sanction of the Government.
15. (1) Every member of the Force shall be considered to
be always on duty and shall, at any time, be liable to be
employed at any place within the State of 6Telangana and
outside also.
(2) No member of the Force shall engage himself in
any employment or office other than his duties under this
Act.
(3) A member of the Force shall not by reason of his
suspension from his office cease to be a member of the
Force, and he shall duri ng that period be subject to the
same responsibilities, discipline and penalties to which he
would have been subject if he were on duty.
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Procedure to be
followed after
arrest.
Protection of
action done in
good faith.
Cognizance of
offence.
Members of the
Force to be
considered
always on duty
and liable to be
employed
anywhere in the
State and outside
also.
10 [Act No.25 of 1991]
16. (1) Subject to the provisions of Article 311, the Director-
General of the Force may appoint any of the supervisory
officers to impose such penalties after conducting enquiries
in accordance with the provisions of the 7Telangana Civil
Services (Classificati on, Control and Appeal) Rules, 1963
and non-appealable penalties by way of summary disposal
in the manner prescribed.
Explanation: - For the purpose of this section,-
(a) punishments cla ssified as non -appealable shall
consists of,-
1. Fatigue duty;
2. Extra Drill; and
3. Confinement to barracks for seven days; and
(b) Punishments which are classified as appe alable
shall consist of,-
1. Censure.
2. Fine.
3. Withholding of increment or promotion.
4. Reduction in Rank.
5. Recovery from pay.
6. Compulsory retirement.
7. Now see the Telangana Civil Services (Classification, C ontrol and
Appeal) Rules, 1991.
Punishments and
appeals.
[Act No.25 of 1991] 11
7. Removal from service.
8. Dismissal from service; and
9. Suspension:
Provided that in respect of class (b) of punishments an
appeal shall lie within thirty days from the date of the
communication of the order to such appellate authority as
may be prescribed.
17. (1) No member of the Force, shall, without the previous
sanction in writing of the Government or of the prescribed
authority,-
(a) be a member of, or be associated in any way with,
any trade union, labour union, political party or with any
class of trade unions, labour unions or political parties; or
(b) be a member of, or be associated in any way with,
any other society, in stitution, associati on or organisation
that is not recognised as part of the Force or is not of a
purely social, recreational or religious nature; or
Explanation: - If any question arises as to whether
any society, institution, association or organisation is of
purely social, recreational or religious nature under clause
(b) of this sub -section, the decision of the Government
thereon shall be final.
(2) No member of th e Force shall participate in or
address, any meeting or take part in any demonstration
organized by anybody of persons for any political purpose
or for such other purposes as may be prescribed.
Restrictions
respecting rights
to form
Association.
12 [Act No.25 of 1991]
18. (1) Every person who for any reason ceases to be an
enrolled member of the Force, shall forthwith surrender to
any supervisory officer empowered to receive the same, his
certificate of appointm ent, the arms, accoutrements,
clothing and other articles which have been furnished to him
for the performance of duties as an enrolled member of the
Force.
(2) Any person who wilfully neglects or refuses to
surrender the articles as required by sub-section (1) shall be
liable for forfeiture of financial benefits and prosecution
under the Law.
(3) Nothing in this connection shall be deemed to
apply to any article which, under the orders of the Director -
General, has become the property of the person to w hom
the same was furnished.
19. The police ( Incitement to Disaffection) Act , 1922 shall
apply to member of the Force as it applies to members of a
police Force.
20. Nothing contained in the Payment of Wages Act, 1936,
or the Industrial Disputes Act, 1947, or the Factories Act,
1948, except the provisions relating to health and safety or
any corresponding law rel ating to investigation and
settlement of industrial disputes in force in the State shall
apply to members of the Force.
21. (1) The Government shall, in addition to the rule
making powers conferred on them by any other provisions
of this Act, have power to make rules generally to carry out
all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality
of the foregoing powers, such rules may provide for,-
Surrender of
certificate, arms
etc., by persons
ceasing to be
members of the
Force.
Application of Act,
1922 to the
members of the
Force.
Certain Acts not to
apply to members
of the Force.
Power to make
Rules.
[Act No.25 of 1991] 13
(a) regulating the classes, ranks, grades, pay and
remuneration of me mbers of the Force and their conditions
of service in the Force;
(b) regulating the powers and duties of members of
the Force authorised to exercise any functions by or under
this Act;
(c) fixing the period of service for members of the
Force;
(d) prescribing the description and quantity of arms,
accoutrements, clothing and other necessary articles to be
furnished to the members of the Force;
(e) prescribing the places of residence of members of
the Force;
(f) institution, management and regulation of any fund
for any purpose connected with the administration of the
Force;
(g) regulating the punishments and prescribing
authorities to whom appeals may be preferred from orders
of punishment, or remission of fines or other punishments,
and the procedure to be followed for the disposal of such
appeals;
(h) regulating matters with respect of force custody
under this Act including the procedure to be followed for
taking persons into custody;
(i) regulating matters with respect to disposal of
cases relating to offences under this Act and specifying
places in which persons convicted under this Act may be
confined;
14 [Act No.25 of 1991]
(j) the terms and conditions subject to which
members to the Force may be deputed under secti on 9 and
the charges thereof.
(3) 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 agree s 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 with out prejudice to the
validity of anything previously done under that rule.
* * *