LexThe Cyberabad (Metropolitan Area) Police Act, 2004.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE CYBERABAD (METROPOLITAN AREA) POLICE ACT, 2004.
(ACT NO. 2 OF 2004)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of Cyberabad Police Commissionerate
for the Metropolitan Area of Cyberabad.
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 F.
12. Amendment of Act IX of 1348 F.
13. Repeal of Ordinance.
THE CYBERABAD (METROPOLITAN AREA) POLICE
ACT, 2004.1
ACT No.2 OF 2004.
1. (1) This Act may be called the Cyberabad (Metropolitan
Area) Police Act, 2004.
(2) It extends to the limits of Cyberabad Metropolitan
Area declared by the Government may, by notification.
(3) It shall be deemed to have come into force with
effect on and from 19th December, 2003.
2. In this Act, unless the context otherwise requires,–
(a) the word “Cyberabad 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 to 2[the
respective Commissionerates of the ] Cyberabad
Metropolitan Area and the word “Commissionerate” shall be
construed accordingly;
(c) “Collector and District Magistrate ” means the
District Collector and the District Magistrate 3[of a district,
where from the area/s is notified as Cyberabad Metropolitan
1. The Cyberabad (Metropolitan Area) Police Act, 2004 received the
assent of the Governor on the 3 rd July, 2004. 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
(No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F) Department, dated
01.06.2016.
2. Inserted by Act No.14 of 2016.
3 Substituted by Act No.14 of 2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.2 of 2004]
area under section 8 of the Code of Criminal Procedure,
1973];
(d) “Government” means the State Government of
4Telangana;
(e) “notification” means a notification published in the
4Telangana Gazette and the word “notified” shall be
construed accordingly;
(f) “prescribed” means prescribed by rules under this
Act.
(2) All words and expressions used in this Act and not
defined, but defined in the 5Hyderabad City Police Act,
1348 F. , shall have the me anings respectively assigned to
them in that Act.
3. (1) With effect from the commencement of this Act, the
areas as notified by the Government as Cyberabad
Metropolitan Area under section 8 of the Criminal Procedure
Code, 1973, shall be the Cyberabad Police
Commissionerate for the purpose of this Act and on such
commencement the Cyberabad Police Commissionerate
shall be deemed to have been establ ished for the said
Metropolitan Area of Cyberabad:
6[Provided that in order to maintain better law and
order and for more administrative convenience owing to
geographic background and rapid urbanization,
Government may, by including those areas as may be
notified further to be the Cyberabad Metropolitan area under
section 8 of the Criminal Procedure Code, 1973, re-organize
the Cyberabad Police Commissionerate established under
4. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
5. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
6. Substituted by Act No.14 of 2016.
Establishment of
Cyberabad Police
Commissionerate
for the
Metropolitan Area
of Cyberabad.
Central Act 2 of 1974.
Act IX of 1348 F.
[Act No.2 of 2004] 3
sub-section (1), into such number of Police
Commissionerates with specified areas, and such names by
notification and on such commencement such number of
Police Commissionerates with such areas as notified therein
shall be deemed to have been established respectively:
Provided further that the Government may, from time to
time, by notification alter the limits of the Commissionerate/s
established under this sub -section, so as to include therein
or to exclude therefrom, the areas specified in the
notification.]
(2) Subject to the provisions of sub -sections (3) and
(4), the 7[Telangana District Police Act, 1329 F .] shall with
effect from the commencement of this Act, cease to apply to
the Cyberabad Metropolitan Area.
(3) Such ceasor shall not effect,-
(a) the previous operation of the 7Telangana District
Police Act, 1329 F . in respect of the area comprises within
the Metropolitan area of Cyberabad;
(b) any penalty, forfeiture or punishment incurred in
respect of any offences committed under the provisions of
the 7Telangana District Police Act, 1329 F.; or
(c) any investigation, legal proceedings or remedy in
respect of such penalty, forfeiture or pun ishment and any
such penalty, forfeiture or punishment may be imposed as if
this Act had not been passed.
(4) Notwithstanding anything contained in sub -section
(2), all notifications, rules, regulations, orders, directions,
and powers made, issued or conferred under the provisions
7. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Act X of 1329 F.
Act X of 1329 F.
Act X of 1329 F.
4 [Act No.2 of 2004]
of the 8Telangana 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 Cyberabad M etropolitan 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. 9[(1) With effect from the date of establishment of the
Cyberabad Metropolitan Police Commissionerate/s, the
Police Force functioning in the said Metropolitan Area shall
be deemed to be the Police Force of such Metropolitan
areas, respectively.]
(2) Notwithstanding anything contained in sub -section
(1), it shall be competent far 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
9[the Commissioner of the respective Police
Commissionerate] and who may, from time to time, be
appointed and removed by the Government.
(2) The Headquarters of the Commissionerate shall be
at Hyderabad or at such other place as may be notified.
(3) The Commissioner shall be designated as
Commissioner of Police and Additional District Magistrate
9[of the respective Police Commissionerate].
8. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
9. Substituted by Act No.14 of 2016.
Appointment and
removal of Police
Commissioner.
Organisation of
Police.
[Act No.2 of 2004] 5
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 same of the duties which are required
to be performed by the Commissioner 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:
Provided that t he 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 the
provisions of 10the 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 Cyberabad 11[Commissionerate/s] and the said Act
shall, in relation to the 11[Commissionerate/s] be read and
construed as if the provision of the said Act had formed part
of this Act.
(2) The Commissioner and the Deputy Comm issioners
of Police of Cyberabad Police 11[Commissionerate/s] shall
10. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
11. The word “Commissionerate” substituted with the word
“Commissionerate/s” by Act No.14 of 2016.
Appointment of
Deputy
Commissioner
and Assistant
Commissioner.
Application of the
provisions of the
Hyderabad City
Police Act, 1348
F.
Act IX of 1348 F.
6 [Act No.2 of 2004]
exercise the powers of the District magistrate under section
47 of the 12Hyderabad City Police Act, 1348 F. , in the limits
of urban police stations as may be notified by the
Government, from time to time, be in consultation with the
Collector and District Magistrate and Commissioner of
Police.
(3) For the purpose of facilitating the application of the
provisions of the 12Hyderabad City Police Act, 1348 F., to the
Cyberabad 13[Commissionerate/s], 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 Cyberabad
13[Commissionerate/s], subject to the adapta tions and
modifications so made.
(4) Notwithstanding that no provision or insufficient
provision have been made under sub -section (3) for the
adaptations of the provisions of the said Act or rules
notifications, regulations, orders and directions made
thereunder, any Court, Tribunal or authority required or
empowered to enforce these provisions may for the purpose
of facilitating their application to the 13[Commissionerate/s]
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 the effect to the
provisions of this Act, the Government may, by notification
12. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
13. The word “Commissionerate” substituted with the word
“Commissionerate/s” by Act No.14 of 2016.
Power to remove
difficulty.
Act IX of 1348 F.
Act IX of 1348 F.
[Act No.2 of 2004] 7
in the 14Telangana 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 Legislat ure of the State as soon as possible
after it is issued and if the Legislature agree 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 previo usly
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 thereunder to the Cyberabad
15[Commissionerate/s] 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.
(2) Every rule made under this Act shall immediately
after it is made, be laid before the Legislat ure 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 m odification or annulment is notified,
14. Substituted by G.O.Ms.No.46, Law (F) Department, dated
01.06.2016.
15. The word “Commissionerate” substituted with the word
“Commissionerate/s” by Act No.14 of 2016.
Power to give
directions.
Power to make
rules.
8 [Act No.2 of 2004]
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 16Telangana District Police Act, 1329 F. in section
1, for the words “ except the Hyderabad City Police Limits ”,
the words “except the Hyderabad City Police Limits and the
Cyberabad Metropolitan Area”, shall be substituted.
12. In the 16Hyderabad City Police Act, 1348 F . (hereinafter
referred to as the principal Act),-
(i) in section 26 of the principal Act, in sub -section (8)
for the expression “sections 75, 76 and 77 of the C ode of
Criminal Procedure, 1898 ”, the expression “sections 70, 71
and 72 of the Code of Crimi nal Procedure, 1973” , shall be
substituted;
(ii) in section 30 of the principal Act, in clause (a), for
the expression “section 54 of the Code of Criminal
Procedure, 1898”, the expression “sub-section (1) of section
41 of the Code of Criminal Procedure, 1973 ”, shall be
substituted;
(iii) in section 36 of the principal Act, for the expression
“section 42 of the Code of Criminal Procedure, 1898”, in two
places where it occurs, the expression “section 37 of the
Code of Criminal Procedure, 1973”, shall be substituted;
(iv) in section 47 of the principal Act,-
(a) in sub-section (1), for the expression “sections 94,
96, 97 and 98 of the Co de of Criminal Procedure, 1898”, the
16. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Amendment of
Act X of 1329 F.
Amendment of
Act IX of 1348 F.
Central Act V of 1898.
Central Act 2 of 1974.
[Act No.2 of 2004] 9
expression “sections 91, 93(1), 93(2) and 94 of the Co de of
Criminal Procedure, 1973”, shall be substituted;
(b) in sub-section (2), for the expression “the Code of
Criminal Procedure, 1898 (Central Act V of 1898) ”, the
expression “the Code of Criminal Procedure , 1973 (Central
Act 2 of 1974)”, shall be substituted;
(v) in section 48 of the principal Act, in sub -section (1),
for the expression “section 161 of the Cod e of Criminal
Procedure, 1898”, the expression “section 161 of the Co de
of Criminal Procedure, 1973”, shall be substituted;
(vi) in section 52 of the principal Act in clause (c) for
the expression “section 59 of the Co de of Criminal
Procedure, 1898”, the expression “section 43 of the Code of
Criminal Procedure, 1973”, shall be substituted;
(vii) in section 55 of the principal Act, for the expression
“the Code of Criminal Procedure, 1898”, the expression “the
Code of Criminal Procedure, 1973”, shall be substituted;
(viii) in section 79 of the principal Act, in the proviso, for
the expression “section 403 of the Co de of Criminal
Procedure, 1898”, the expression “section 300 of the C ode
of Criminal Procedure, 1973”, shall be substituted.
13. The Cyberabad (Metropolitan Area) Police Ordinance,
2003 is hereby repealed.
* * *
Repeal of
Ordinance 9 of
2003.