LexThe Telangana District Police Act, 1329 Fasli.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA DISTRICT POLICE ACT, 1329 F.
(ACT NO. X OF 1329 F.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, commencement and extent.
2. Definitions.
3. Organisation of the force.
4. Director General of District Police, etc.
5. Magisterial powers of Director General of District
Police and exercise thereof.
6. Appointment, dismissal etc., of subordinate officers.
7. Certificates to Police officers.
8. Police officer not to relinquish office without leave or
resign without giving two months’ previous notice.
9. Police officer not to have connection with any other
work.
10. Powers of Government to make rules.
11. Additional police officers employed at cost of
particular persons.
12. Appointment of additional police force in
neighbourhood of railway and other construction
works etc.
13. Deputing additional police force at place in
disturbed or dangerous state.
13-A. Special power of Director General of District Police
with regard to appointment of special police officer.
14. Awarding compensation to people suffering from
misconduct of inhabitants or persons interested in
land.
2 [Act No. X of 1329 F.]
15. Recovery of sums payable under sections 11, 12,
13, 14 and utilization of same when recovered.
16. Powers of Police officers.
17. Village Police officers.
18. Police officers shall be considered to be always
deputed on duty and may be employed in any part
of the area to which this Act extends.
19. Duties of Police officers.
20. Police officers may lay information before
Magistrate.
21. Action against persons refusing to deliver up
certificate etc., on ceasing to be Police officer.
22. Punishment on ground of neglect of duty etc.
23. Regulating public assemblies and procession and
granting licences relating to same.
24. Powers respecting assemblies and processions
violating conditions of licence.
25. Police shall keep order on public streets, etc.
26. Penalty for violating provisions contained in
sections 23, 24 and 25.
27. Saving of general authority of District Magistrate.
28. Cognizance of cases against Police officers.
29. Power to punish under other laws.
30. Amounts received by Police officers for service of
warrants or furnishing intelligence shall be credited
to General Police Fund.
31. Limitation to institution of civil suit or prosecution.
32. Plea for act done under warrant.
33. Police officers shall keep diary.
[Act No. X of 1329 F.] 3
34. Government may call for returns and prescribe
forms thereof.
35. Power to make rules.
THE TELANGANA DISTRICT POLICE ACT, 1329 F.1
ACT No.X OF 1329 F.
1. This Act may be called , 2[the Telangana District Police
Act, 1329 F.] and it shall come into force in the whole of the
2[State of Telangana] 3[except the Hyderabad City Police
Limits 4[Cyberabad Metropolitan Area , the Rachakonda
Metropolitan Area, the Warangal Metropolitan Area, 5[the
Karimnagar Metropolitan Area, ] 6[Nizamabad Metropolitan
Area,] 7[8[Ramagundam Metropolitan Area , Siddipet
Metropolitan Area and the Khammam Metropolitan Area] ]
from the date of its publication in the Official Gazette.
2. In this Act unless there is anything repugnant in the
subject or context,-
(1) the words 9[the Collector] of the District mean the
Chief officer of the District in charge of the administration of
a district and exercising the powers of a 9[Collector] of a
District though the officer be given some other designation;
1. The Andhra Pradesh (Telangana Area) District Police Act, 1329 F. 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 by Act No.2 of 2004.
4. Substituted by Act No.2 of 2017.
5. Substituted by Act No.3 of 2017.
6. Substituted by Act No.4 of 2017.
7. Substituted by Act No.5 of 2017.
8. Substituted by Act No.10 of 2017.
9. Substituted for “Awal Talukdar Zila ” (First Talukdar) by the Andhra
Pradesh Adaptation of Laws Order, 1957.
Definitions.
Short title,
commencement
and extent.
2 [Act No.X of 1329 F.]
(2) the word “Police” includes all such persons as
may be enrolled under this Act or have been enrolled before
the enforcement of this Act;
10[(3) the words „the area under the Police
administration‟ mean „the area to which this Act extends‟;]
(4) the words “District S uperintendent” include every
Assistant Superintendent or other person appointed by
general or special order of the Government or of any
authority to perform all or any of the duties of a Distric t
Superintendent of Police under this Act in any district or
area.
11[3. (1) The entire establishment of the Police Force Within
the area to which this Act extends including the persons
mentioned in section 4 of this Act shall constitute one Police
Force.
(2) The Government may, from time to time, fix the
number and pay of officers and Constables of the Police
Force.]
4. (1) The Police administration within the area under the
police adminis tration shall be vested in the 12Director
General of Police who shall be appointed by the
Government and the Government shall also, for his
assistance, appoint such Deputy and Assistant Director
Generals as it deems proper.
(2) The police administration within the local
jurisdiction of the Collector of a District shall, under the
10. Substituted for clause (3) by the Andhra Pradesh Adaptation of Laws
Order, 1957.
11. Substituted for section 3 by the Andhra Pradesh Adaptation of Laws
Order, 1957.
12. Now Inspector-General of Police.
Organisation of
the force.
Director General
of District Police,
etc.
[Act No.X of 1329 F.] 3
general supervision and direction of such Collector of a
District, be vested in the District Superintendent and the
Assistant District Superintenden ts appointed by the
Government.
5. The 13Director General of Police shall have the powers
of a Magistrate of the First Class throughout the area under
the police administration; but he shall exercise such powers
subject to such conditions as may, from time to time, be
prescribed by the Government.
6. (1) The power to appoint, dismiss, degrade and
otherwise punish all police officers other than the officers
mentioned in section 4 shall, in pursuance of such rules as
the Government may, from time t o time, prescribe, vest in
the 13Director General of District Police.
(2) The Government may, by rules, determin e the
powers of officers subordinate to the Director -General of
District Police.
7. (1) Every police officer appointed as aforesaid shall be
given at the time of appointment a certificate in the form
annexed to this Act. Such certificate shall bear the seal of
the 13Director-General of District Police or any other officer
appointed by him for this work. The award of such certificate
shall have the effect to vest the holder thereof with the
powers, functions and privileges of a Police officer.
(2) Such certificate shall cease to have effect when the
person named therein ceases, for any reason, to be a police
officer, and in such case, the certificate shall be immediately
surrendered, to the officer empowered to take back the
same.
13. Now Inspector-General of Police.
Certificates to
Police officers.
Magisterial
powers of Director
General of District
Police and
exercise thereof.
Appointment,
dismissal etc., of
subordinate
officers.
Surrender of
certificate.
4 [Act No.X of 1329 F.]
(3) When a police officer is suspended from his office it
shall not be said merely by reason of suspension that he
has ceased to be a police officer. During the period of his
suspension the powers, functions and privileges vested in
him as a police officer shall be in abeyance, but he shall be
subject to the same responsibilities, discipline and penalties
and subordinate to the same officers as he would have been
if he had not been suspended.
8. (1) No Police officer shall be empowered to withdraw
himself from the duties of his office, unless expressly
allowed to withdraw by the District Superintendent or by
some other officer having such an authority.
(2) No Police officer shall, without the permission of the
District Superintendent, resign his office, unless he shall
have given to his superior officer two months ‟ previous
notice in writing of his intention to resign.
9. No Police officer shall have any concern with any
service or work other than the services or works prescribed
by this Act without the permission in writing from the
Director-General of District Police.
10. The Government may give orders and make rules with
regard to the following matters:-
(1) the constitution, organisation and classification of
police force;
(2) the places where members of the said force shall
reside;
(3) the services which shall be performed by the police
officers;
Police officer not
to relinquish office
without leave or
resign without
giving two
months‟ previous
notice.
Police officer not
to have
connection with
any other work.
Powers of
Government to
make rules.
[Act No.X of 1329 F.] 5
(4) the inspection of the police force, description of
arms, accoutrements and other neces saries to be furnished
to them;
(5) the collection and communicating of intelligence
and information by the police force;
(6) the prevention of abuse or neglect of duty of the
police force and rendering it efficient in the discharge of
duty.
11. Subject to the general direction of the Collector of the
District, the District Superintendent may, on the application
of any person submitted with reasonable grounds, depute
any additional number of police officers to maintain peace
within the area under the administration of the police per
such time as he shall think fit. Such force shall be subject to
the orders of the District Superintendent and the charge
thereof shall be recovered from the applicant:
Provided that the person on whose application such
deputation shall have been made may, on giving one
month‟s notice in writing to the District Superintendent,
request that the force be withdrawn and the applicant shall
be relieved of the charge of such force after the expiry of the
period of such notice.
12. When the work of railway or canal or any such other
work or any factory or commercial concern is carried on, or
is in operation in an y part of the country, and the 14Director-
General of District Police is of the opinion that it is necessary
on account of the behaviour of the persons engaged in such
work, factory or concern or of the behaviour reasonably
apprehended of them to depute an additional police force in
such p lace, he may with the consent of the Government
14. Now Inspector-General of police.
Additional police
officers employed
at cost of
particular
persons.
Appointment of
additional police
force in
neighbourhood of
railway and other
construction
works etc.
6 [Act No.X of 1329 F.]
depute additional police force and such force may be
retained so long as such necessity shall continue.
15The Director -General of District Police shall direct,
from time to time, the person having custody and control of
the fund by which such work or factory or concern is being
carried or is in operation for the payment of the charge of
such additional force; and such person shall make payment
of the charge accordingly.
13. (1) The Government may, by proclamation in the
Official Gazette and in any other manner they may direct,
declare that any area of the area to which this Act extends is
in a disturbed or dangerous state, or that, considering the
conduct of all the inhabitants of the area or of any class or
section of them, it is expedient to increase the strength of
the police.
(2) The 15Director-General of District Police or the
officer authorised by the Government in this behalf may,
thereupon, with the consent of the Government, employ
extra force in addition to the police force appointed for such
area.
(3) Subject to the provisions of sub-section (5), the cost
of such additional police force shall be borne by the
inhabitants of such area.
(4) The Collector of the District shall, after such enquiry
as he may, deem necessary, impose such cost on the
inhabitants who are, as aforesaid, liable to pay the same
and who have not been exempted under sub -section (5).
Such apportionment shall be made by the Collector of the
District in his discretion and according to the capability of
such inhabitants.
15. Now Inspector-General of police.
Deputing
additional police
force at place in
disturbed or
dangerous state.
[Act No.X of 1329 F.] 7
(5) The Government may exempt any inhabitant or any
class or section of such inhabitants from payment of cost.
(6) Every proclamation published under sub-section (1)
shall specify the period during which it shall remain in force
but the Government may revoke the proclamation within the
period or effect, from time to time, such extension in the
period as it may deem fit.
Explanation:- For the purposes of this section
“inhabitants” shall include persons who either personally or
through their agents or servants hold or occupy land or
other immovable property within that area and also the
landlords who either personally or through their agents or
servants recover rent or land revenue from the Raiyat or the
land holders in such area notwithstanding that they do not
actually reside therein.
13-A. (1) The Director -General of 16District Police may at
any time when he immediately apprehends that some
disturbance or clash will take place or that there is an
apprehension of the breach of the public peace and that the
ordinary police force is insufficient for the protection of the
life and property of the inhabitants there, appoint any stout
and sturdy male between the age of 18 and 55 y ears as
“special police officer”.
(2) Every police officer who may be employed shall, on
appointment,-
(a) receive a certificate in the prescribed form;
(b) have all the powers, privileges and protection of a
police officer;
16. Now Inspector-General of police.
Special power of
Director General
of District Police
with regard to
appointment of
special police
officer.
8 [Act No.X of 1329 F.]
(c) perform all such functions as may be entrusted to
him by the 17Director-General of District Police;
(d) and be subject to the authority of the 17Director
General of District Police.
14. (1) If, in any area in respect of which a proclamation
under the preceding section is in force there be caused
death or grievous hurt or loss or any damage to property on
account of the misconduct of the inhabitants of such area or
of any class or section thereof, every inhabitant of the area
claiming damages for injury on account of such misconduct
shall have the power to make, within one month from the
date of the injury or within such shorter period as may be
fixed in this behalf, an application for damages to the District
Magistrate or Sub-Divisional Magistrate of such area.
(2) On submission of such application the Co urt of
District Magistrate shall, after such enquiry as it may deem
necessary, whether an additional police force has or has not
been posted in such area, have the power to,-
(a) determine the persons who have suffered injury
on account of such misconduct;
(b) determine the amount which shall be paid to such
persons as damages and also the manner in which the
amount shall be distributed among those persons;
(c) determine the proportionate share according to
which the amount of compensation shall be paid by the
inhabitants of such area other than the applicant who have
not been exempted from the liability of its payment under
sub-section (3):
17. Now Inspector-General of police.
Awarding
compensation to
people suffering
from misconduct
of inhabitants or
persons
interested in land.
[Act No.X of 1329 F.] 9
Provided that the Court of the District Magistrate shall
make no order under this sub -section unless it is of opinion
that the injury caused had been on account of a riot or
unlawful assembly in such area, and the person injured was
in no way guilty in respect of the riot or unlawful assembly.
(3) The Government may, by order, exempt any person
or class or section of such inhabitants from liability of paying
the damages.
(4) An appeal against the order passed under sub -
section (2) shall lie in the High Court.
(5) Where damage for an injury has been awarded
under this section a claim therefor shall not be made in a
Civil Court.
Explanation:- In this section “inhabitants” shall have the
meaning assigned thereto in section 13.
15. (1) All sums payable under sections 11, 12, 13, 14 may
be recovered by the District Magistrate in the manner
prescribed in the 18[Code of Criminal Procedure, 1898] for
the recovery of fine. But if any sum cannot be recovered in
this manner such sum may be recovered in the manner
prescribed in 19[the Telangana Land Revenue Act , 1317 F. ]
for the recovery of arrears of land revenue.
(2) All amounts paid or received under sections 11, 12,
13 shall be credited to a fund to be called “The Police Force
General Fund ” and shall be applied to the maintenance of
the Police force in accordance with the orders as the
Government shall pass.
18. Now see Criminal Procedure Code, 1973 (Act 2 of 1974).
19. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Recovery of sums
payable under
sections 11, 12,
13, 14 and
utilization of same
when recovered.
10 [Act No.X of 1329 F.]
(3) All amounts paid or received under section 14 shall
be paid by the District Magistrate to the persons and in the
proportion specified under the said section.
16. The Police officers enrolled under this Act shall not
have any other powers except the powers c onferred by this
Act or by the 20[Code of Criminal Procedure, 1898].
17. Nothing in this Act shall apply to any hereditary or any
other Village Police officer.
18. Every Police officer shall, for the purposes of this Act,
be considered to be always deputed on duty, and may be
employed as a Police officer in any part of the area to which
this Act extends.
19. (1) It shall be the duty of every Police officer,-
(a) to execute forthwith all orders and warrants of
arrest lawfully issued to him by a competent authority;
(b) to collect and communicate intelligence
respecting public order;
(c) to prevent offences and public nuisance;
(d) to detect offenders and have them convicted and
to apprehend all persons whom he is legally authorised to
apprehend and for whose ap prehension sufficient ground
exists.
20. Now see Criminal Procedure Code, 1973 (Act 2 of 1974).
Powers of Police
officers.
Village Police
officers.
Police officers
shall be
considered to be
always deputed
on duty and may
be employed in
any part of the
area to which this
Act extends.
Duties of Police
officers.
[Act No.X of 1329 F.] 11
(2) Every Police officer may, for carrying out the
purposes mentioned in sub -section (1) without a warrant of
arrest enter into and inspect any liquor shop or gambling
house or such other place where men of loose and bad
character assemble.
20. Every Police officer may lay any information before a
Magistrate, and apply for summons, warrant of arrest,
search-warrant or such other lawful order as may by law
issue against any person committing an offence.
21. Any person enrolled under this Act and who, having
ceased to be a Police officer, does not forthwith deliver up
his service -certificate, dress and accoutrements and other
necessaries which have been given to him for the execution
of duty, shall be punished with imprisonment for a term
which may extend to six months, or with fine which may
extend to two hundred rupees or with both.
22. Any Police officer who,-
(1) is guilty of any violation of duty, or
(2) wilfully commits a breach of any rule or law or lawful
order made by any competent authority or neglects in
obeying it, or
(3) withdraws from the function of his office without
permission or without having given two months ‟ previous
notice, or
(4) is on leave and does not, without reasonable cause,
report for duty on the expiration of leave, or
(5) engages without permission in any work in addition
to his duty, or
Police officers
may lay
information before
Magistrate.
Action against
persons refusing
to deliver up
certificate etc., on
ceasing to be
Police officer.
Punishment on
ground of neglect
of duty etc.
12 [Act No.X of 1329 F.]
(6) is guilty of cowardice, or
(7) causes unwarrantable physical hur t to any person
in his custody,
shall be punished with imprisonment for a term which may
extend to three months or with f ine which may extend to
three months‟ pay or with both.
23. (1) The District Superint endent of Police or the
Assistant Superintendent of Police may, as occasion
requires, regulate the conduct of aII assembl ies and
processions on the public roads or in the public streets or
thoroughfares and prescribe routes and the times for the
passing of such processions.
(2) When the District Superintendent of Police or the
Assistant Superintendent of Police is satisfied that the
intention of certain persons or any class of persons is to
collect people or take out a procession on any public road
or public street or thoroughfare which would, if not
regulated, in the opinion of the District Magistrate or sub -
District Magistrate, be likely to cause breach of peace, such
Superintendent or Assistant may require, by general or
special proclamation, that such persons or class of persons
intending to so collect people or take out a procession shall
obtain a licence.
(3) When the application is made for a licence, the
District Superi ntendent of Police or the Assis tant
Superintendent of Police may grant a licence containing the
names of persons to whom the permission has been
accorded and bearing the conditions subject to which such
assembly may be held or such procession may be taken out
so that the provisions of this section be given effect to:
Regulating public
assemblies and
procession and
granting licences
relating to same.
[Act No.X of 1329 F.] 13
Provided that no fees shall be taken in respect of such
licence or the application for obtaining the same.
(4) The District Superintendent of Police or Assistant
Superintendent of Police may also direct that to what extent
music may be played on the roads on the occasion of
festivals and other ceremonies.
(5) The District Superintendent of Police or Assistant
District Superintendent of Police may on likelihood of breach
in connection with any procession prohibit or impose
restrictions on keeping arms including fire -arms and using
bullet and lead shots on the occasion of assemblies and
processions on public roads or public streets or
thoroughfares.
24. (1) Every Magistrate or District Superintendent of Police
or Assistant Superintendent of Police or Sub -Inspector of
Police or an officer in charge of a Police Station may stop
any procession which violates the conditions of the licence
granted under the fo regoing section, and he may order any
such procession or assembly which violates the conditions
of the licence granted under the above section to disperse.
(2) Every procession or assembly, which neglects or
refuses to obey an order given under sub -section (1), shall
be deemed to be an unlawful assembly.
25. It is the duty of the police to keep order on streets,
public roads, thoroughfares, landing places and ferries and
places of public traffic and to remove obstructions to
passage on streets and public roads at the time of
assemblies and processions or in the neighbourhood of
places of worship at the time of public worship or at any
other occasion when a large number of people assemble on
any street or public road, or thoroughfare or landing place
or ferry or where the passage is obstructed.
Powers
respecting
assemblies and
processions
violating
conditions of
licence.
Police shall keep
order on public
streets, etc.
14 [Act No.X of 1329 F.]
26. Every person who obstructs or violates any of the
provisions contained in sections 23, 24 and 25 or violates
the conditions contained in the licence granted by the
District Superintendent of Police or the Assistant
Superintendent of Police with regard to playing of music or
the conduct of assemblies and processions, shall be
punishable with fine which may extend to two hundred
rupees.
27. Nothing in sections 23, 24, 25 and 26 shall affect the
general authority vested in the District Magistrate with
regard to matters referred to in the said sections.
28. When any charge is levelled under this Act against a
police officer above the rank of a constable, a Magistrate of
the first class shall have power to enquire and pass order.
29. When punishment for any act mad e punishable under
this Act, has been prescribed in any other law for the time
being in force, nothing contained in this Act shall prevent an
action being taken against a Police officer under such law or
a punishment being given under such law more than that
prescribed in this Act:
Provided that no person shall be punishable twice for
the same act.
30. (1) All sums paid to polic e officers for service of
warrants and the sum which by law a police officer, is
entitled to receive for intelligence shall, when the intelligence
is communicated by him, be credited to the General Police
Fund.
(2) The Government may, by general or specia l order,
determine the amount which may be given out of the said
amount as a reward to the officer concerned.
Penalty for
violating
provisions
contained in
sections 23, 24
and 25.
Saving of general
authority of
District
Magistrate.
Cognizance of
cases against
Police officers.
Power to punish
under other laws.
Amounts received
by Police officers
for service of
warrants or
furnishing
intelligence shall
be credited to
General Police
Fund.
[Act No.X of 1329 F.] 15
31. When a civil suit or prosecution may be lawfully
instituted for any act done or intended to be done by a
person under the provisions of this Act, or under other
general powers of the Police conferred by this Act, such suit
or prose cution shall be in stituted within three months after
the act shaII have been done and not otherwise. The notice
in writing of such civil suit and of the cause thereof shall be
given to the defendant or to the Superintendent of Police or
the Assistant Superintendent of Police of the district within
whose jurisdiction the act was committed, one month atleast
before the institution of the suit.
No damage shall be allowed to a plaintiff in any such
civil suit, if suff icient amends have been made before
instituting the suit, or if a sufficient sum for damages has
been paid into Court by the defendant or any other person
on his behalf after the institution of the suit; and if a decree
is given in favour of the plantiff in such suit, the defendant
shall not be made to pay the cash, unless the Judge, who
had tried the case, deems fit to have the costs paid for
having reasonably instituted the suit:
Provided that a suit shall not lie in a Civil Court when
the prosecution has been brought against the officer for the
same act in a Criminal Court.
32. When any civil suit or prosecution against a police
officer has been instituted for any act done by him in the
capacity of a police officer, he may plead that such act was
done by him in pursuance of a warrant issued by a
Magistrate. Such plea shall be pro ved by the production of
the warrant directing to do such act and puporting to be
signed by such Magistrate. The defendant shall, on the
production of such warrant, be entitled to receive a decree
in his favour notwithstanding a defect of jurisdiction in s uch
Magistrate. No proof of the signature of such Magistrate
Limitation to
institution of civil
suit or
prosecution.
Plea for act done
under warrant.
16 [Act No.X of 1329 F.]
shall be necessary unless the Court has reason to doubt its
being genuine:
Provided that nothing contained in this section shall
effect the remedy of the plaintiff which he may have against
the authority issuing the warrant.
33. (1) Every Police officer in charge or a police station
shall keep a general diary in such form as shall from time to
time, be prescribed by the Government and th e following
matters shall be recorded therein:-
(1) complaints preferred and charges levelled;
(2) names of persons arrested;
(3) names of complainants;
(4) offences charged with;
(5) weapons or other property that has been
recovered from the possession of the arrested persons or
otherwise;
(6) names of witnesses who have been examined.
(2) The Director of District Police shall have power to
call for and inspect such diary.
34. The Government may direct the 21Director General of
Police or other Police officers to submit such returns as it
deems fit and may prescribe the forms of such returns.
21. Now Inspector-General of Police.
Police officers
shall keep diary.
Government may
call for returns
and prescribe
forms thereof.
[Act No.X of 1329 F.] 17
35. The Government may make rules for carrying out the
purposes of this Act. Such rules shall, inter alia, relate to the
following matters:-
(a) procedure which the Magistrates and Police officers
shall adopt in the execution of their duties they have been
charged with by virtue of this Act;
(b) with regard to claims for compensation preferred
under section 14 determining the period within which, the
manner in which, and the conditions under which they shall
be preferred and the particulars which shall be stated in
such claims and the mode in which they shall be verified
and the nature of the inquiry which shall be made into or
other action which shall be taken with regard to the same.
FORM
(See section 7.)
Mr......................................................................................
has been enrolled in the Police Force under the
22[Telangana District Police Act, 1329 F. ] and is vested with
all the powers, functions and privileges of a Police officer.
Signature.
Designation.
* * *
22. Substituted by G.O.Ms.No.46, Law (F) Department, dated
01.06.2016.
Power to make
rules.