LexThe Hyderabad City Police Act, 1348 Fasli.
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Open in Lexace · Ask the AI about this actTHE HYDERABAD CITY POLICE ACT, 1348 F.
(ACT NO. IX OF 1348 F.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I
PRELIMINARY.
1. Short title, commencement and extent.
2. Repeal of previous enactments.
3. Definitions.
CHAPTER II
OF THE POLICE FORCE AND ADDITIONAL AND
SPECIAL POLICE.
4. Organisation of Police.
5. Appointment and removal of Police Commissioner.
6. (1) Appointments of Deputy and Asst.
Commissioners.
(2) Powers of Deputy and Assistant.
Commissioners.
7. (1) Powers of appointment and promotion.
(2) Powers of dismissal, discharge, demotion,
suspension, fine and punishment.
8. (1 & 2) Certificates of service to Police officers to be
given by Commissioner of City Police, Hyderabad.
(3) Effect of suspension of Police officer.
9. (1 & 2) Power to appoint additional Police officers.
(3) Notice shall be given for discontinuance of
service.
2 [Act No. IX of 1348 F.]
10. (1 & 2) Power to appoint special Police.
(3) Refusal to or neglect in discharge of duties.
11. Fixing of Divisions, sections and beats.
12. Powers of Commissioner of City Police, Hyderabad
to issue rules as to organisation of Police force.
13. Powers of Commissioner of City Police, Hyderabad
to make rules regarding the discharge of duties of
Police officers.
14. Police officers not to withdraw from service without
permission or notice.
Saving in case of disease etc.
15. (1) Return of certificate of service, arms etc.
(2) Warrant for seizure.
16. Police Officer to be deemed always on duty.
17. Prohibition as to other employment.
18. Punishable acts by Police officers.
19. Vexatious search, arrest, etc by Police officers.
20. Making false statement to obtain employment.
CHAPTER III.
POLICE REGULATIONS, RULES FOR
PRESERVATION OF ORDER.
21. Power to make rules for regulation of traffic and for
preservation of order.
SPECIAL ORDERS.
22. (1) Powers of Police Commissioner and other
Police officers to give direction to the public.
(2) Powers to issue orders for prevention of
disorder.
[Act No. IX of 1348 F.] 3
(3) Power of prohibit assembly and procession.
(4) Power to reserve street or public place for any
public purpose.
23. (1) Power of Commissioner of City Police,
Hyderabad to issue orders for prevention of riot or
disturbance.
(2) Compensation for loss etc. to lawful occupier of
building or place taken possession of or closed by
Commissioner of City Police, Hyderabad.
(3) Dispute as to compensation to be settled by the
Chief City Magistrate.
24. (1) Powers to issue orders for maintenance of order
at religious ceremonials.
(2) Such orders to be subject to decree etc., of
Court.
25. (1) Powers of the Police to prevent disorder at
public place of amusement and public resort.
(2) Employees of Police to have general permission
to enter such places.
26. Dispersal of gangs or assembly of persons.
27. (1) Destruction of stray dogs.
(2) Muzzling or seizure of dogs.
Saving as to dogs wearing collars.
(3) Destruction or sale of dogs.
(4) Proceeds of sale how disposed of.
(5) Mode of recovery of expenses.
28. Destruction of suffering and unfit animals.
4 [Act No. IX of 1348 F.]
CHAPTRR IV.
EXECUTIVE POWERS AND DUTIES OF POLICE.
Duties of Police Officers.
29. Duties of Police officer.
POWERS OF POLICE OFFICERS TO ARREST
WITHOUT WARRANT.
30. When Police may arrest any person without
warrant.
31. Other powers of arrest to Police Officers.
32. Enforcement of orders issued under sections 22,
23, 24.
UNLAWFUL ASSEMBLY.
33. Requisitioning military aid to disperse assembly.
34. Duty of officer commanding military required to
disperse assembly by Magistrate or Commissioner
of City Police Hyderabad.
35. Power of Commissioned officer to disperse
unlawful assembly.
36. Bar of prosecution for acts done under sections 33,
34, 35.
37. (1) Mode of recovery of compensation for injury
caused by unlawful assembly.
(2) Exemption from payment of compensation.
38. Recovery of amount through Municipal
Commissioner.
UNCLAIMED PROPERTY.
39. Police to take charge of unclaimed property.
40. (1) Commissioner of City Police, Hyderabad to
issue proclamation.
[Act No. IX of 1348 F.] 5
(2) Immediate sale of perishable property.
41. (1) Property to be delivered to person entitled.
(2) Power to take security.
(3) Property to be at the disposal of Government in
case no claim or objection is filed.
CATTLE POUNDS.
42. Power to establish pounds for cattle and to appoint
keeper.
43. Impounding of cattle.
44. Delivery of cattle.
WEIGHTS AND MEASURES.
45. Powers to inspect and seize false weights and
measures.
POWERS OF SUPERIOR OFFICERS.
46. Superior officer may perform duties imposed on
subordinate officer.
MAGISTERIAL POWERS OF COMMISSIONER
AND DEPUTY COMMISSIONER OF POLlCE.
47. Judicial powers of superior Police officers.
CHAPTER V.
PROCEDURE.
48. Special powers of Commissioner of City Police,
Hyderabad to summon witnesses and record their
statements.
49. Powers to search for persons confined.
50. Report of investigation by subordinate Police
officer.
51. Powers to take in custody of offensive weapons.
6 [Act No. IX of 1348 F.]
52. Release of person arrested.
53. Execution of warrant received for execution from
outside the city limits.
54. Warrant directed to Police officer for execution
outside the jurisdiction.
55. Person arrested to be brought before Criminal
Court or Commissioner of City Police Hyderabad.
56. When bail or bond may be taken from person
arrested.
SEARCH WARRANTS.
57. Disposal of articles discovered in the execution of
search warrant issued by a court outside the City
Police limits.
58. Power to seize documents or articles produced.
CHAPTER VI
OFFENCES AND PUNISHMENTS.
59. Wilful trespass.
60. False alarm of fire.
61. Person being found under suspicious
circumstances between sunset and sunrise.
62. Possession of suspected articles.
63. Carrying intoxicating drugs, etc into hospital or
military barracks.
64. Omission to report as to suspected articles.
65. Taking any article on pledge from child.
66. Miscellaneous acts declared to be offences.
67. Letting off firework, burning straw, etc., or firing gun
in or near a public place.
68. Exposing of body in indecent manner.
[Act No. IX of 1348 F.] 7
69. Begging alms in indecent manner.
70. Indecent acts in street etc.
71. Indecent behaviour in Court, Govt. offices or Police
Station.
72. Contravention of notices affixed in Government
buildings.
73. Committing nuisance in or near public place.
74. Permitting disorderly conduct in public place.
75. Cheating at games.
76. Contravention of rules and orders issued under this
Act.
77. Entering in City Police limits without permission
after expulsion.
78. Prosecution in certain offences not to be
compulsory.
79. Prosecution under other enactments.
CHAPTER VII
MISCELLANEOUS.
80. Disposal of fees, reward etc.
81. Method of proving orders and circulars.
82. Rules and orders not to be deemed invalid.
83. (1) Mode of actions by persons interested for
cancellation and amendment of orders issued.
(2) When suit shall lie to declare order unlawful.
84. (1) Specifying condition etc., in licences and
permits.
(2) Suspension, revocation of licence etc.
8 [Act No. IX of 1348 F.]
(3) When licence is suspended or revoked the
person shall be deemed without licence.
(4) Production of licence on demand.
85. Mode of publication of notification.
86. Permission etc., of Commissioner of City Police
Hyderabad may be proved by writing under his
signature.
87. Notifications may be signed by seal.
88. (1 & 2) Saving for Magistrate or Police officer for
any act done in good faith in discharge of duties.
(3) Prosecution or suit to be filed within three
months.
(4) Suits in certain cases shall be dismissed.
Schedule.
THE HYDERABAD CITY POLICE ACT, 1348 F.1
ACT No.IX OF 1348 F.
CHAPTER I
PRELIMINARY.
1. This Act may be called the Hyderabad City Police Act
and shall come into force from the date of its publication in
the 2[Official Gazette] within the limits which are now
prescribed for City Police or which the Government may,
from time to time, prescribe.
2. (1) On the commencement of this Act all enactments
which are inconsistent with a repetition of the provisions of
this Act shall be deemed to have been repealed.
(2) All rules and cert ificates issued, appoi ntments
made, powers conferred and orders issued under the
previous enactments before the commencement of this Act
shall, so far as they are not inconsistent with the provisions
of this Act, be deemed to have been issued, made,
conferred and issued under this Act.
3. In this Act unless there is something repugnant in the
subject or context:-
(a) the words ―complaint,‖ ―investigation,‖ ―offence,‖
―cognizable offence, ‖ ―non-cognizable offence ,‖ ―bailable
1. The Hyderabad City Police Act, 1348 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 for the word ―Jarida‖ by the Andhra Pradesh Adaptation
of Laws Order (A.P.A.O.), 1957.
Repeal of
previous
enactments.
Definitions.
Short title,
commencement
and extent.
2 [Act No.IX of 1348 F.]
offence,‖ ―non-bailable offence ‖ ―officer in charge of police
station‖ shall respectively have the meanings assigned to
them in 3[the Code of Criminal Procedure, 1898];
(b) ―Police officer ‖ shall be deemed to include every
member of the City Police force appointed under this Act
and shall also include the *[Commissioner of City Police,
Hyderabad] Deputy or Assistant Commissioner of Police,
and subject to the provisions of sub -section (2) of section 9
and sub -section (2) of section 10 shall also include every
person who has been appointed as an additional or special
Police officer;
(c) ―officer in-charge of section‖ shall include, when the
Inspector of the section is absent or unable from illness or
other cause to perform his duties, the next senior Police
officer in the section or such other officer as the officer of the
Division may, with the sanction of the *[Commissioner of
City Police, Hyderabad] appoint in this behalf;
(d) the word ―cattle‖ shall have the same meaning as
defined in sub -section (45a) of section 2 of 4[the Telangana
General Clauses Act, 1308 F.];
(e) ―prescribed‖ means prescribed by rules made
under this Act;
(f) ―signature‖ shall have the same meaning as defined
in 4[the Telangana General Clauses Act, 1308 F.];
3. Substituted by the A.P.A.O. 1957. See now the Code of Criminal
Procedure, 1973 (Act No.2 of 1974).
*. Throughout the Act,
For Substituted
Kotwal Balda Commissioner of City Police, Hyderabad
[A.P.A.O. 1957.]
4. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Central Act 5 of 1898.
Act III of 1308 F.
Act III of 1308 F.
[Act No.IX of 1348 F.] 3
(g) ―public place of amusement ‖ means every place or
house or tent or enclosure or booth or any other building
whether permanent or temporary where singing, music,
dancing or any diversion or game and anything giving
amusement or the means of carrying on the same is
provided and to whic h the public are admitted either on
payment of money or with the intention that money may be
collected from them on admission and shall include the
race-course, circus, theatre, music and dancing hall, billiard
room, gymnasium or any other place allotted f or such
purposes;
(h) ―public place of entertainment ‖ means any
enclosed or open place to which the public have access
and where any kind of articles of food and drink are
supplied for consumption by any person or for the profit of
any person owning or h aving any interest in or managing
such place and shall include a refreshment room, tea house,
liquor house, boarding house, lodging house, hotel, tavern
or sendhi, wine, ganja, toddy, bhung or opium shops;
(i) ―street‖ includes every road, foot -way, squa re or
passage whether a thoroughfare or not over which the
public have permanently or temporarily right of passage;
(j) ―public place ‖ also includes the place within the
premises or enclosure of any public building or monuments
and all places to which th e public have access for drawing
water, washing or bathing or for the purpose of recreation;
(k) ―vehicle‖ means every kind of carriage, cart, dray,
hand-cart and other wheeled conveyance which is used on
a street for conveyance or transport and also includes a
bicycle, tricycle and automotor car.
4 [Act No.IX of 1348 F.]
CHAPTER II
OF THE POLICE FORCE AND ADDITIONAL AND SPECIAL
POLICE.
4. For the City of Hyderabad there shall be appointed a
Police force and its strength and constitution shall be as
may be prescribed in accordance with the orders of the
Government issued in this behalf from time to time.
5. The control and supervision of the aforesaid Police
force shall, subject to the orders of the Government, be
vested in an officer who shall be called the *[Commissioner
of City Police, Hyderabad ] for the City of Hyderabad and
who may, from time to time, be appointe d and removed by
the Government.
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 of City Police, Hyderabad]
be competent to exercise all powers or perform some of the
duties which are required to be performed by the
*[Commissioner of City Police, Hyderabad] under this Act or
any other enactment for the time being in force and every
Assistant Commissioner of Police appointed under section 7
shall exercise such powers or perform such duties as may,
from time to time, be conferred upon or assigned to him by
the *[Commissioner of City Police, Hyderabad]; but the
powers vested in the *[Commissioner of City Police ,
Hyderabad] under sections 21 and 47 of this Act shall not
be exercised by a Deputy or Assistant Commissioner
referred to in this sub-section.
Organisation of
Police.
Appointment and
removal of Police
Commissioner.
Appointments of
Deputy and Asst.
Commissioners.
Powers of Deputy
and Assistant.
Commissioners.
[Act No.IX of 1348 F.] 5
7. (1) The power to appoint and promote an Inspector,
Sub-Inspector and other subordinate of the force shall vest
in the *[Commissioner of City Police, Hyderabad .] The
Government shall have the power to appoint the Deputy
Commissioner and Assistant Commissioner of Police.
(2) The *[Commissioner of City Police, Hyderabad]
may, subject to such rules and regulations, as the
Government may from time to time promulgate in this
behalf, except Deputy Commissioner and A ssistant
Commissioner of Police,–
(a) dismiss, discharge, demote, suspend or fine to
the extent of half the salary, any member of the Police force
when any member of the force commits neglect or fails to
perform duties or contravenes the provisions of this Act or of
the rules made thereunder or commits gross misconduct
during leave; or
(b) impose the punishment of attendance in a Police
station for a period not exceeding three days upon a
member of the force inferior in rank to that of a Head
Constable, who in his presence commits a gross wrong or
behaves insolently and insubordinately.
(3) Nothing contained in sub-section (2) shall affect any
criminal proceeding by which any criminal liability or charge
is established for an offence against any Police officer.
8. (1) Every Police officer appointed by the
*[Commissioner of City Police, Hyderabad] shall, at the time
of appointment be given a certificate of service in the form
(A) annexed hereto under the signature of the
*[Commissioner of City Police, Hyderabad]. All the powers,
privileges, functions and resp onsibilities shall be conferred
and imposed upon the Police officer by such certificate.
Powers of
appointment and
promotion.
Certificates of
service to Police
officers to be
given by
*[Commissioner of
City Police,
Hyderabad].
Powers of
dismissal,
discharge,
demotion,
suspension, fine
and punishment.
6 [Act No.IX of 1348 F.]
(2) Such certificate shall be deemed to be void when
the person named therein ceases to be in Police service.
(3) When a Police officer is suspended from his office
his powers, duties and privileges shall be temporarily
suspended and such Police officer shall not, by reason of
suspension, be deemed to be excluded from the definition
of Police officer but shall be deemed to be subject to all the
responsibilities, prohibitions and compliance with orders in
the same manner as he would be if he had not been
suspended.
9. (1) The *[Commissioner of City Police, Hyderabad]
may, in hi s discretion, appoint, in cases given below, for
such time and on such salary and on such rank as he may
think fit, additional police officers to keep peace or preserve
order at any place or in accordance with the provisions of
this Act and under any other law intended for the prevention
of any special class or classes of offences,-
(a) on the application of any person at the expenses
of such person, or
(b) without any application at the expenses of any
person for whose profit or benefit any work on a large scale
is done or any public amusement is held when it is likely to
cause inconvenience in traffic or; attract a large concourse
or crowd of people.
(2) Every additional police officer so appointed shall on
appointment,-
(a) be given a certificate in the prescribed form,
(b) have all the powers, privileges and duties of a
Police officer as are specified in the certificate, and
Power to appoint
additional Police
officers.
Effect of
suspension of
Police officer.
[Act No.IX of 1348 F.] 7
(c) be subject to the orders of the *[Commissioner of
City Police, Hyderabad].
(3) In every case in which Police officers are appointed
on the application of any person, such person shall give a
notice in writing to the *[Commissioner of City Police,
Hyderabad] fixing a period of one month and requiring him
to terminate the services of such Police officers within one
month or a lesser period from the date of receipt of notice
as the Commissioner may fix.
(4) The Commissioner shall on application account for
the monies received by him towards the expenditure on
account of the additional police officers.
(5) In any case under this section if any dispute arises
the decision of the Chief City Magistrate shall be final as to
the account to be paid and the person by whom it is to be
paid and the sum so determined m ay, on the request of the
*[Commissioner of City Police, Hyderabad] be recovered as
fine by the Chief City Magistrate.
10. (1) The *[Commissioner of City Police, Hyderabad]
may, at any time when he thinks it immediately likely that a
disturbance or a dispute may take place or the public peace
may be disturbed and that the ordinary Police force is
insufficient for the protection of the life and property of the
inhabitants of that place, appoint as special Polic e officer
any healthy male betwe en the age of eighteen and fifty -five
years.
(2) Every special Police officer s o employed shall on
appointment,-
(a) receive a certificate in the prescribed form,
Power to appoint
special Police.
Notice shall be
given for
discontinuance of
service.
8 [Act No.IX of 1348 F.]
(b) have all the powers, privileges and safeguards, as
a Police officer,
(c) discharge all duties as may be assigned to him by
the *[Commissioner of City Police, Hyderabad], and
(d) be subject to the orders of the *[Commissioner of
City Police, Hyderabad].
(3) Any person who has been appointed as a special
Police officer under this Act refuses without reasonable
cause to work as a special Police officer or neglects the
discharge of his duties or takes objection to comply with
any lawful order or direction given in connection with the
discharge of duties, he shall be punished with fine which
may extend to fifty rupees.
11. (1) The *[Commissioner of City Police, Hyderabad]
may,-
(a) divide the City of Hyderabad into any particular
and fixed number of police divisions;
(b) divide the divisions into as many sections and
beats as may appear to him to be proper;
(c) fix the limits and extent of such divisions and
sections.
(2) Every such division shall be under an Assistant
Commissioner of Police who shall be called Divisional
Officer and every section shall be under the control of an
Inspector and every beat shall be under a sub-Inspector:
Provided that these provisions shall be subject to the
supervision of the Government.
Fixing of
Divisions, sections
and beats.
Refusal to or
neglect in
discharge of
duties.
[Act No.IX of 1348 F.] 9
12. The *[Commissioner of City Police, Hyderabad] may
issue such orders with regard to the following mat ters as he
may think expedient:-
(a) Recruitment, organization, instruction, classification,
discipline and general supervision of the force;
(b) the number and description of arms and other
necessaries to be given to the Police; and
(c) the establishment of any Police fund and
management and control thereof for observance of duties:
Provided that these orders shall be subject to the
supervision of the Government.
13. (1) The *[Commissioner of City Police, Hyderabad]
may make rules not inconsistent with this Act or any other
law for the time being in force for the following matters,-
(a) Prescribing and assigning the duties of Police
officers of whatever rank of office and determining,-
(1) the manner in which; and
(2) the conditions subject to which they shall
exercise their powers and perform the duties assigned to
them;
(b) d etermining the residence and lodging of the
members of the force;
(c) issuing directions for the collection of the means
of intelligence and information or restricting them; and
(d) prescribing the forms of certificates of services to
be awarded to the additional or special Police officers:
Powers of
*[Commissioner of
City Police,
Hyderabad] to
issue rules as to
organisation of
Police force.
Powers of
*[Commissioner of
City Police,
Hyderabad] to
make rules
regarding the
discharge of
duties of Police
officers.
10 [Act No.IX of 1348 F.]
Provided that the rules made under this section shall
be subject to the control of the Government.
(2) A copy of the rules made and issued under this
section shall be kept in every police station.
14. (1) No Police officer shall resign his office or withdraw
himself from his duties without the written permission of the
*[Commissioner of City Police, Hyderabad] and if no such
permission has been obtained no Police officer, other than a
special Police officer, shall resign or withdraw until,-
(a) the expiry after receipt of notice of his intention in
writing by the *[Commissioner of City Police, Hyderabad],
(1) if he is a member of mounted Police force, of six
months, and
(2) in any other case, of two months, and
(b) full discharge of all debts due by him as a Police
officer to the Government or to any Police fund.
(2) If a Police officer who is on leave does not, without
reasonable cause, report himself to duty on the expiry of
leave, he shall, for purposes of this section, be deemed to
have withdrawn himself from the discharge of the duties
concerning his office without permission:
Provided that if any Police officer produces a certificate
signed by the Police Surgeon or by a Government Doctor
holding gazetted rank declaring such Police officer to be
unfit for Police service by reason of any disease or mental or
physical weakness and dis charges the debts, if any, due by
him or gives sufficient security to the satisfaction of the
*[Commissioner of City Police, Hyderabad] for the payment
Police officers not
to withdraw from
service without
permission or
notice.
Saving in case of
disease etc.
[Act No.IX of 1348 F.] 11
thereof, he shall, without delay, be given written permission
to resign.
15. (1) Every person employed under this Act shall on
ceasing to be in the Police force, return without delay to the
*[Commissioner of City Police, Hyderabad] or to any such
person and at such place as he may fix, the following
articles:-
(a) Certificate of service,
(b) all livery, arms with accoutrements and other
necessary articles furnished to him for the execution of
duties.
(2) The *[Commissioner of City Police, Hyderabad] or
any Magistrate may issue a warrant for the search and
seizure of any certificate of service, arms, accoutrements,
livery and other necessary articles not returned under sub -
section (1).
(3) Every warrant so issued shall be executed in
accordance with the provisions of this Act by a Police officer
or if the authority issuing the same otherwise directs by any
other person also.
(4) Nothing in this section shall apply to any article
which under the orders of *[Commissioner of City Police,
Hyderabad] has become the property of the person to
whom the same was furnished.
16. Every Police officer not on leave or under suspension
shall, for the purposes of this Act, be deemed to be always
on duty throughout the limits of the City Police.
Return of
certificate of
service, arms etc.
Police Officer to
be deemed
always on duty.
Warrant for
seizure.
12 [Act No.IX of 1348 F.]
17. No Police officer, other than a special Police officer
shall, without the permission of the Government, either as
principal or agent,-
(a) carry on any trade;
(b) be concerned in any way in the purchase or sale of
any immovable property situated within the limits of the City
Police or of any interest therein;
(c) accept any other office or take to any other
profession or engage in any other business other than his
office or duties as Police officer.
18. Any Police officer who,-
(a) contravenes the provisions of section 17, or
(b) is guilty of cowardice, or
(c) resigns his office or withdraws from the duties
assigned to him in contravention of the provisions o f section
14 of this Act, or
(d) wilfully contravenes or neglects any law or rule or
order which, it is his duty as Police officer to obey,
(e) is guilty of violation of any duty for which no
punishment is provided by any other law,
shall be punished with imprisonment for a term which may
extend to three months or with fine which may extend to one
hundred rupees or with both.
Prohibition as to
other
employment.
Punishable acts
by Police officers.
[Act No.IX of 1348 F.] 13
19. Any Police officer who,-
(a) without lawful authority or reasonable cause enters
or searches or allows any person to enter or search any
place, building, tent or vessel;
(b) vexatiously and unnecessarily seizes any property
belonging to any person;
(c) vexatiously and unnecessarily detains or arrests or
searches any person;
(d) vexatiously and unnecessarily delays in producing
before a Magistrate or any other officer before whom he is
bound to produce him, any person who has been arrested;
(e) inflicts unnecessary physical pain upon any person
in his custody;
(f) unlawfully induces or threatens any accused;
shall for every such offence be punished with
imprisonment for a term which may extend to six months or
with fine which may extend to 500 rupees or with both.
20. Any person who wilfully makes a false statement or
produces a false document for the purpose of obtaining for
himself or for any other person employment in Police or
release from such employment, shall be punished with
imprisonment for a term which may extend to three months
or with fine which may extend to one hundred rupees or with
both.
Vexatious search,
arrest, etc by
Police officers.
Making false
statement to
obtain
employment.
14 [Act No.IX of 1348 F.]
CHAPTER III.
POLICE REGULATIONS, RULES FOR PRESERVATION OF
ORDER.
21. (1) The *[Commissioner of City Police, Hyderabad]
may, from time to time, make rules not inconsistent with this
Act in respect of the following. Such rules shall, in case of
clauses (b) and (c), be subject to the control of the
Government and with rega rd to the remaining clauses,
sanction of the Government shall be obtained prior to the
enforcement of rules.
(a) granting licences to persons willing to accept
employment at places where goods is unloaded, and for the
carriage of passengers ’ baggage outside the limits of
Railway stations and fixi ng a scale of charges and
remuneration for labour of persons so employed;
(b) regulating traffic of all kinds in public streets or
public places, and regulating the use of streets and public
places by persons walking, driving, cycling or
accompanying or leading cattle, with a view to prevent
danger, inconvenience or obstruction to the public;
(c) regulating the conditions under which vehicles
may be parked in public streets and public places, and the
use of public streets as temporary halting places for cattle
and vehicles;
(d) prescribing the number and position of lights to
be used on vehicles passing through public streets or public
places, and regulating the manner of conveying timber,
poles, bamboo, ladders, bars, iron beams boilers and other
unvieldy articles and the route and hours for conveying such
articles;
Power to make
rules for
regulation of
traffic and for
preservation of
order.
[Act No.IX of 1348 F.] 15
(e) prescribing, subject to any notice issued by the
Municipal Commissioner in this behalf, the roads along
which and the hours during which corpses may or may not
be carried;
(f) licensing for or regulating the following matters
and where it is likely to cause inconvenience, delay, danger
or damage to the residents or the persons passing in the
vicinity, prohibiting,-
(i) the keeping of a place of public amusement or
place of public entertainment,
(ii) the playing of music in public streets or public
places,
5[(iia) the using of a loud -speaker in any public
place or places of public entertainment,]
(iii) the ill umination in public street, or public place,
or on any building adjacent to the public street, by persons
other than Government or Municipal officers authorised in
this behalf,
(iv) the carrying through public streets or places of
gunpowder or other explosive substances,
(v) blasting;
(g) regulating the entrance or exit at any place of
public amusement or place of public entertainment or at any
meeting or public assembly and providing for the
maintenance of public peace and the prevention of
disturbance at such places;
5. Amended by Act No.XXIV of 1952.
16 [Act No.IX of 1348 F.]
6[(gg) regulating or prohibiting the sale of any ticket
or pass for admission, by whatever name called, to a place
of public amusement;]
(h) w here licence or certificate is required to be
obtained under this Act, prescribing the procedure for
obtaining it and fixing the fees for any such licence and
certificate:
7[Provided firstly that no person, by virtue of anything
contained in this section and licence granted under the rules
issued under this section shall be authorised to import,
export, transport, manufacture, sell or possess any liquor or
intoxicating drugs in respect of which a licence or permit is
required under 8[the Andhra Pradesh (Telangana Area)
Abkari Act, 1316 F .] or under any other law for the time
being in force and that the liability which may be incurred by
any such person under such law or any law for the time
being in force relating to fireworks, explosives and arms
shall not be affected in any way by anything contained in
this section:
Provided secondly that a rule made under clause (g)
shall not contain any condition requiring a licence for a
place of public amusement, unless liquor, sendhi or any
intoxicating drug as defined in the law for the time being in
force is sold in such places or unless such place is kept
open for customers between 9 p.m. and 5 a.m.]
(2) The power to make rules under sub-section (1) shall
be subject to the condition of the rules being enforced after
6. Amended by Act No.IX of 1951.
7. Provisos substituted by the A.P.A.O. 1957.
8. See now the provisions of the Telangana Excise Act, 1968 (Act No.17
of 1968) in which this Act has been repealed.
Act I of 1316 F.
[Act No.IX of 1348 F.] 17
publication and they shall be published in the 9[Official
Gazette] in the manner specified in section 84.
(3) Notwithstanding the provisions contained in this
section or in any rules made thereunder, it shall always be
lawful for *[Commissioner of City Police, Hyderabad] to
refuse a licence for or to prohibit the establishment of a
place of public amusement or a place of public
entertainment by a notorious scoundral or a bad character.
SPECIAL ORDERS.
22. (1) The *[Commissioner of City Police, Hyderabad] and
subject to the orders of the *[Commissioner of City Police,
Hyderabad] every Police officer not below the rank of an
Inspector may, from time to time, as occasion may require,
give such orders for the following matters either orally or in
writing as may be necessary; but such orders shall not be
inconsistant with any rule made under section 21,-
(a) the mode of passing, conduct and behaviour or
acts of the processions, or assemblies passing in the
streets;
(b) prescribe the routes by which and the time at
which such processions may or may not pass;
(c) prevent obstruction on the occasions of
processions and assemblies and in the neighbourhood of
any place of worship during the time of public worship and
in every case when any street or public place or any place
of public resort may be thronged or is like ly to be
obstructed;
9. Substituted for the word ―Jarida‖ by the A.P.A.O. 1957.
Powers of Police
Commissioner
and other Police
officers to give
direction to the
public.
18 [Act No.IX of 1348 F.]
(d) maintain order in streets, public places and all
other places where public throng;
(e) regulate the music or singing in any street or
public place and the beating of kettle -drum, tom -toms,
band, drum and the blowing of horns or other like
instruments in or near any street or public place;
(f) on the written application of any person to the
*[Commissioner of City Police, Hyderabad] if the
*[Commissioner of City Police, Hyderabad] is satisfied that
music, singing or the noise of the aforesaid instruments is
causing inconvenience to any person residing in the
neighbourhood on account of his serious illness or to the
lawful profession by persons residing in the neighbourhood,
the prohibition of its continuance:
Provided that w hen any music or singing is so
stopped, the person aggrieved by the prohibitory order may
file an application against such order to the Chief City
Magistrate and if the said Magistrate is satisfied that in view
of the conditions the said order is not based on reasonable
grounds, he may alter or cancel such order and the
*[Commissioner of City Police, Hyderabad] shall carry out
the order made by the City Criminal Court.
(2) The *[Commissioner of City Police, Hyderabad]
may, whenever and for such time, as he considers
necessary for the preservation of the public peace and
public safety, by notification, issue an order to the public or
to particular individuals prohibiting the following matters,-
(a) the carrying in any public place of swords, spears,
bludgeons, guns, 10[knives] and other offensive weapons;
10. Amended by Act No.XXVII of 1356 Fasli.
Powers to issue
orders for
prevention of
disorder.
[Act No.IX of 1348 F.] 19
(b) the collection, carrying or preparation of stones or
other means of casting missiles;
(c) the keeping or offering for exhibition of persons or
of corpses or effigies or other figures in any public place;
(d) utterance of cries or singing in public;
(e) making a speech, gesture or mimetic
presentation, or the preparation, exhibition or dissemination
of pictures, symbols, placards, or any other things which is
against morality and decency or which, in the opinion of the
*[Commissioner of City Police, Hyderabad] is likely to create
religious animosity or hatred between different communities
or individuals or is likely to bring about commission of an
offence or disturbance of the public peace or induces
resistance to or contempt of the law or of a lawful authority.
(3) The *[Commissioner of City Police, Hyderabad]
may, at any time by order in writing, prohibit every kind of
assembly or procession for such time as may appear to him
to be necessary and proper for preservation of peace and
public safety; but no such prohibitory order shall remain in
force for a period exceeding one week w ithout the sanction
of the Government.
(4) The *[Commissioner of City Police, Hyderabad]
may also by public notice temporarily reserve any street or
public place for any public purpose and prohibit any person
from entering the area so reserved unless he observes the
conditions prescribed by the *[Commissioner of City Police,
Hyderabad.]
23. (1) The *[Commissioner of City Police, Hyderabad]
may in order to suppress or prevent any riot or grave
disturbance temporarily close or take possession of any
building or place and may exclude all or any persons
Power of
*[Commissioner of
City Police,
Hyderabad] to
issue orders for
prevention of riot
or disturbance.
Power of prohibit
assembly and
procession.
Power to reserve
street or public
place for any
public purpose.
20 [Act No.IX of 1348 F.]
therefrom or may allow them to enter such place on s uch
conditions as he may prescribe. All such persons shall
conduct themselves in accordance with such orders as the
*[Commissioner of City Police, Hyderabad] may make and
notify in the exercise of the powers vested in him under this
section.
(2) If the lawful occupier of such building or place
suffers any substantial loss or injury by the action of the
*[Commissioner of City Police, Hyderabad] taken under sub-
section (1) of this section, he shall be entitled, to apply to
the *[Commissioner of City Police, Hyderabad] within one
month from the date of such action to receive reasonable
compensation for such loss or injury unless such action has
been necessitated by the mode or intended mode of use of
such building or place or by the misconduct of persons
having access to such building or place.
(3) Where in any case a dispute arises under sub -
section (2) of this section, the decision of the Chief City
Magistrate shall be final as to the amount of compensation if
any and the person entitled thereto.
24. (1) If in respect of an actual or intended assemblage of
a religious nature or ceremonial or corporate display or
organised assemblage or exhibition or meeting held in any
street or public place, it appea rs to the *[Commissioner of
City Police, Hyderabad] that a dispute has arisen due to
such assemblage or its conduct which is likely to cause
grave disturbance of public peace, the *[Commissioner of
City Police, Hyderabad] may give such orders as to the
conduct and behaviour of the persons interested towards
each other and towards the public as may appear to him
reasonable under the circumstances regard being had of
the apparent legal rights and established practice of the
parties and of the persons interested. Every such order shall
be published in the place or area wherein it is to operate
Powers to issue
orders for
maintenance of
order at religious
ceremonials.
Dispute as to
compensation to
be settled by the
Chief City
Magistrate.
Compensation for
loss etc. to lawful
occupier of
building or place
taken possession
of or closed by
*[Commissioner of
City Police,
Hyderabad].
[Act No.IX of 1348 F.] 21
and all persons concerned shall be bound to conform to the
same.
(2) Any order made under sub -section (1 ) of this
section shall be subject to a decree, or injunction or other
order of a competent Court; and the *[Commissioner of City
Police, Hyderabad] shall cancel or modify the order made
by him when it is made known to him that the said order is
inconsistent with the decree, injunction or any other order of
a competent Court made by such Court on the complaint,
suit or application of the person interested as to the rights or
duties of the person who has suffered injury by the order of
the *[Commissioner of City Police, Hyderabad.]
25. (1) For the purpose of preventing any serious disorder
or unlawful acts or imminent danger to the persons
assembled at any public place of amusement or at any
meeting or assembly to which the public is invited or
allowed, every police officer of rank superior to that of Head
Constable present at such public place of amusement or
meeting or assembly may, subject, to the rules and orders
lawfully made in this behalf, give such orders and directions
as to the mode of admission of the public to th e conduct of
persons attending, and maintenance of the public safety at
such places as he thinks necessary and all persons shall be
bound to conform to such reasonable directions and orders.
(2) The Police shall have power to enter every such
public place of amusement, meeting, or assembly without
obstruction for the purpose of giving effect to or carrying out
the provisions of sub -section (1) of this section and every
direction given thereunder.
26. (1) Whenever it appears to the *[Commissioner of City
Police, Hyderabad],-
Powers of the
Police to prevent
disorder at public
place of
amusement and
public resort.
Dispersal of
gangs or
assembly of
persons.
Such orders to be
subject to decree
etc., of Court.
Employees of
Police to have
general
permission to
enter such places.
22 [Act No.IX of 1348 F.]
(a) that the movements or acts of any person residing
in the City of Hyderabad are causing or likely to cause
danger, alarm or harm to the life or property of any person
or that there are reasonable grounds to believe that such
person is engaged or is abou t to be engaged in the
commission of an offence necessitating the use of force or
violence or an offence punishable under 11[Chapters XII, XVI
and XVII of the Indian Penal Code] or is about to abet such
offences and when in the opinion of the *[Commissioner of
City Police, Hyderabad] no witness is willing to give
evidence in public against such person by reason of
apprehension of harm to his life and property; or
(b) that an outbreak of an epidemic disease is likely
to result from the continued residence of an immigrant; he
may, by order in writing to be served on such person or by
beat of drum or otherwise as the *[Commissioner of City
Police, Hyderabad] thinks fit, direct such person or
immigrant to conduct himself in such manner as shall be
necessary to prevent violence and alarm or the outbreak or
spread of such disease or shall require such person to
remove himself to such place or places and by such route
or routes and within such time as the *[Commissioner of City
Police, Hyderabad] may prescribe.
(2) The *[Commissioner of City Police, Hyderabad]
may direct any person who has been twice convicted under
section 69 of this Act or any person who has been thrice
convicted within a period of 3 years under section 4 or
section 13 of the Gambling Act, 1319 Fasli as amended, to
remove as aforesaid.
(3) The *[Commissioner of City Police, Hyderabad]
may also direct any person who not having been born within
the City Police limits, has been more than twice convicted of
Excerpt shown. Open the full act in Lexace.