THE 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 certificates issued, appointments
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 which 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 for 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 having 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, square 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 the 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 appointed 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 Assistant
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 responsibilities 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 his 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 may, 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 Police officer
any healthy male between the age of eighteen and fifty-five
years.
(2) Every special Police officer so 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 matters 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) determining 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 discharges 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 of 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 regard 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 fixing 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 illumination 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) where 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 likely 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 when 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 without 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 such
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 appears 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 the 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 about 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
11. Substituted by the A.P.A.O. 1957.
[Act No.IX of 1348 F.] 23
offences under 12[Chapters XII, XVI and XVII of the Indian
Penal Code] to remove himself in like manner from the City
of Hyderabad or not to enter the City Police limits.
A copy of such order shall be sent to the Chief City
Magistrate.
(4) For the purposes of sub-section (2) the decision of
the *[Commissioner of City Police, Hyderabad], that a
person has or has not been born within the City Police
limits, shall be final.
(5) (firstly)- The Government may, if satisfied that peace
or public safety in the City of Hyderabad or in any part
thereof is disturbed or is likely to be disturbed on account of
a conflict between different communities or groups or
sections or gangs, thereof, declare by a proclamation
(hereinafter referred to as the proclamation of emergency)
that an emergency exists.
(secondly)- Such proclamation of emergency,-
(a) may be revoked by any other subsequent
proclamation; and
(b) shall, in any case, be deemed to be cancelled
after one month unless before the expiration of such period
it has been renewed.
(thirdly)- After a proclamation of emergency has been
issued by the Government under clause first whenever it
appears to the *[Commissioner of City Police, Hyderabad]
that the presence, movements or acts of any person in the
city is or are causing or likely to cause danger or alarm or
that a reasonable suspicion exists that such person has a
12. Substituted by the A.P.A.O. 1957.
24 [Act No.IX of 1348 F.]
design to disturb public peace and tranquility, he may, by
order in writing to be served on such person or by beat of
drum or otherwise as he thinks fit, direct such person to
conduct himself in such manner as in the opinion of the
*[Commissioner of City Police, Hyderabad] may be
reasonable for public safety or may direct 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.
(fourthly)- Any person aggrieved by an order of the
*[Commissioner of City Police, Hyderabad] made under
clause third may appeal to the Government within ten days
from the date when such order is made.
(fifthly)- An order passed by the *[Commissioner of City
Police, Hyderabad] under clause third shall, subject to an
appeal referred to in clause fourth be deemed to be final.
(sixthly)- nothing contained in this section shall require
any Police officer to disclose to the person against whom an
order is made under clause third or to a court the sources of
his information or any fact the communication of which may,
in the opinion of the *[Commissioner of City Police,
Hyderabad] reveal the name or identity of person giving
information.
(seventhly)- Any order made by the *[Commissioner of
City Police, Hyderabad] under clause third or by the
Government under clause fourth shall not be deemed to be
operative at the expiration of proclamation of emergency.
(6) If the person who has been ordered under sub-
section (1), (2), (3) or (5) fails or refuses to remove himself
outside the City of Hyderabad or enters the City of
Hyderabad within the prescribed period, the
*[Commissioner of City Police, Hyderabad] shall cause him
[Act No.IX of 1348 F.] 25
to be arrested and removed in Police custody to such place
outside the City of Hyderabad as may be suitable in his
opinion.
(7) Before an order under sub-section (1), (2) or (3) is
passed against any person, the *[Commissioner of City
Police, Hyderabad] or any officer authorised by him not
below the rank of an Assistant Commissioner of Police shall
inform such person in writing of the general nature of the
allegations against him and give him sufficient opportunity
of explaining those allegations.
If such person makes an application for the
examination of any witness produced by him, the
*[Commissioner of City Police, Hyderabad] or such officer
shall grant such application and examine such witness
unless for reasons to be recorded in writing he is of the
opinion that such application is made merely for the
purpose of vexation or delay. Any written statement put in
by such person shall be filed with the relevant record. Such
person shall be entitled to appear before the
*[Commissioner of City Police, Hyderabad] or the said
officer by a pleader or attorney for the purpose of explaining
the allegations against him and for the purpose of
examination of witnesses produced by him.
(8) The *[Commissioner of City Police, Hyderabad] or
the officer authorised under sub-section (7) may, for
securing the attendance of any person against whom an
order is proposed to be made under sub-section (1), (2) or
(3), exercise all or any of the powers of a court under
13[sections 70, 71 and 72 of the Code of Criminal Procedure,
1973]. When such person is brought before the
*[Commissioner of City Police, Hyderabad] the
*[Commissioner of City Police, Hyderabad] may release him
13. Substituted by Act No.2 of 2004.
Central Act 2 of 1974.
26 [Act No.IX of 1348 F.]
on bail with or without sureties or may, from time to time,
detain him in custody for such period as he thinks fit; but
such period shall not exceed fifteen days at a time.
(9) Any person aggrieved by an order made by the
*[Commissioner of City Police, Hyderabad] under sub-
section (1), (2) or (3) may appeal to the Government within
thirty days from the date when such order is made.
(10) Any order passed by the *[Commissioner of City
Police, Hyderabad] under sub-section (1), (2), or (3) or by
the Government under sub-section (9) shall not be called in
question in any Court unless the *[Commissioner of City
Police, Hyderabad] or the officer mentioned in sub-section
(7) had not followed the procedure laid down in the said
sub-section or there was no material before the
*[Commissioner of City Police, Hyderabad] upon which he
could have based such order or the *[Commissioner of City
Police, Hyderabad] was not of opinion that witnesses were
unwilling to give evidence in the public against the person in
respect of whom an order was made under sub-section (1).
(11) Nothing contained in this section shall require any
Police officer to disclose to the person against whom an
order is made under sub-section (1), (2) or (3) or to a Court
the sources of his information or any fact the
communication of which may in the opinion of the
*[Commissioner of City Police, Hyderabad] reveal the name
or identity of the person giving information.
27. (1) The *[Commissioner of City Police, Hyderabad]
may from time to time by notification proclaim that any stray
dog found, during such time as may be specified in the
notification, wandering in any street or in any public place
shall be destroyed and every such dog found in any street,
or public place during the hours mentioned in the
notification, shall be destroyed.
Destruction of
stray dogs.
[Act No.IX of 1348 F.] 27
(2) The *[Commissioner of City Police, Hyderabad]
may by public notice, require that every such dog as may be
in any street or public place and not led by some person
shall be muzzled in such a manner as to prevent it from
biting, while not causing inconvenience to it in eating or
breathing and every Police officer may, so long as such
notice remains in force, destroy, or take possession of and
detain any dog not so muzzled and found astray beyond the
premises of the owner:
Provided that any dog so found, with a collar bearing
the name or address of its owner, shall not, unless it is
rabid, be forthwith destroyed; but it shall be detained and
information thereof be given by post or otherwise to its
owner.
(3) Any dog which has been detained under sub-
section (2) remains without the owner providing with a
muzzle for 3 clear days and paying all expenses for such
detention may be sold or destroyed with the sanction and
under the order of *[Commissioner of City Police,
Hyderabad.]
(4) The proceeds of the sale of any dog under sub-
section (3) shall be applied, as far as may be, towards the
expenses for its detention; and the Government shall be
entitled to appropriate the balance if any.
(5) Any expenses incurred for the detention or
destruction of any such dog shall, subject to the provisions
of sub-section (4) of this section, be recoverable upon a
warrant by the *[Commissioner of City Police, Hyderabad]
as fine under 14[section 386 of the Code of Criminal
Procedure, 1898].
14. Substituted by the A.P.A.O. 1957. See now the Code of Criminal
Procedure, 1973.
Muzzling or
seizure of dogs.
Saving as to dogs
wearing collars.
Destruction or
sale of dogs.
Proceeds of sale
how disposed of.
Mode of recovery
of expenses.
28 [Act No.IX of 1348 F.]
28. (1) Any Police officer who in any street or place, other
than a place of worship, finds any animal other than a cow
or bull so diseased, or so severely wounded and in such a
physical condition that in his opinion it cannot without
cruelty be removed therefrom, shall, if the owner of the
animal is absent or does not consent to the destruction of
the animal, at once summon the Veterinary officer of the
area in which the animal is found and if the Veterinary officer
certifies that the animal is so mortally wounded or serverely
diseased or in such a physical condition that it is cruel to
keep it alive, the said Police officer may, without the
permission of the owner, destroy the animal or cause it to be
destroyed. But if the Veterinary Practitioner is of opinion that
the animal can be removed from the place where it is found
without causing it great suffering, and if the owner or person
incharge of the animal, or in his absence any other person
present on the spot, is willing or offers to remove the animal
to the nearest veterinary hospital within such time as the
Veterinary Practitioner considers reasonable, the Veterinary
Practitioner shall allow the animal to be so removed. If the
owner or person incharge of the animal or any other person
does not consent or fails so to remove the animal, the
Veterinary Practitioner may direct the Police officer to
remove the animal before it is destroyed to such place as he
may think fit:
Provided that when any animal is destroyed in any
street or public place it shall, as far as possible, be screened
from the public gaze while it is being destroyed.
Explanation:— For the purposes of this section the
word ―bull‖ shall not be deemed to include ―bullock‖.
(2) The Government may appoint such persons as it
thinks fit for veterinary treatment to be Veterinary
Practitioners for the purposes of this section and determine
Destruction of
suffering and unfit
animals.
[Act No.IX of 1348 F.] 29
the areas of which they shall be incharge for the purposes of
this section.
CHAPTER IV.
EXECUTIVE POWERS AND DUTIES OF POLlCE.
Duties of Police Officers.
29. It shall be duty of every Police officer-
(a) promptly to serve every summons and execute
every warrant or other order lawfully issued to him by any
competent authority and to endeavour by every lawful
means to give effect to the lawful commands of his superior;
(b) as far as possible to obtain intelligence concerning
the commission of cognizable offences, or designs to
commit such offences, and to bring such information to the
notice of his superior officers; and to take such action
consistent with law and with the orders of his superiors, as
shall be calculated to punish the offenders under law or
prevent the commission of cognizable, and within his view
of non-cognizable offences;
(c) to prevent as far as possible the commission of
public nuisance;
(d) to apprehend persons whom he is legally
authorised to apprehend and for whose apprehension there
is sufficient reason;
(e) to aid other Police officers when called on by them
or if necessary in the discharge of their duties in such
manner as would be lawful and reasonable;
Duties of Police
officer.
30 [Act No.IX of 1348 F.]
(f) to discharge every duty imposed upon him by any
law for the time being in force;
(g) to render every possible assistance within his
power to any disabled or helpless person in the street, and
to take charge of persons who being intoxicated or lunatics
are, in his opinion, dangerous or incapable of protecting
themselves;
(h) to take prompt measures to procure necessary help
for any person under arrest, or in custody who is wounded
or sick, and whilst conducting or guarding the said person,
to have due regard to his condition;
(i) to make proper arrangement for the sustenance and
shelter of every person who is under arrest or in custody;
(j) in the course of search to refrain from needless
rudeness or annoyance;
(k) in dealing with women and children to have full
regard to decency and act with gentleness;
(l) to make all efforts in connection with the following
matters:-
(1) prevention of damage or loss by fire, and
(2) protection of the public against any accident or
danger;
(m) to regulate the public traffic in the street, to prevent
obstructions therein, and as far as possible, to prevent the
infraction of any rule or order made under this Act or under
any other law for the time being in force for observance by
the public in or near a street;
[Act No.IX of 1348 F.] 31
(n) to keep order in the street, or at such places of
worship, passage, landing places and places of Urus or
Jatra or other public places where public throng and in the
vicinity of places of worship during the time of worship;
(o) to make suitable arrangements for the use of places
of worship and bathing and washing places set apart for
public and to prevent overcrowding thereat and to prevent
the infraction of any rule or order lawfully made for
observance at such places;
(p) (1) to perform all duties imposed on him by the
rules for the time being in force under sections 13 and 21 of
this Act in the manner and subject to the conditions therein
prescribed.
(2) Every person shall be bound to conform to every
reasonable direction of a Police officer given by him in the
discharge of the aforesaid duties.
(3) A Police officer may remove or detain any person
who fails to conform to or refuses to comply with or assists
the aforesaid directions.
POWERS OF POLICE OFFICERS TO ARREST WITHOUT
WARRANT.
30. Any Police officer may without an order from a
Magistrate and without a warrant arrest any person,-
(a) who has been concerned in any cognizable offence
before him under 15[sub-section (1) of section 41 of the
Code of Criminal Procedure, 1973];
15. Substituted by Act No.2 of 2004.
When Police may
arrest any person
without warrant.
Central Act 2 of 1974.
32 [Act No.IX of 1348 F.]
(b) who is liable to be punished for an offence before
him under sections 59, 61, 63,64, 65 and sub-sections (e),
(g) and (i) of section 66 and sections 67, 69, 70, 71 and sub-
section (a) of section 73, section 75 and clauses first and
second of section 76 and section 77 or who contravenes the
16[rules made under clauses (b) and (gg) of sub-section (1)]
and sub-sections (4) and (5) or fails to conform to the
prohibitory directions given under clause (b) of sub-section
(1) and clauses (a) and (b) of sub-section (2) of section 22
or sections 3, 4 and 5 of 17the Prevention of Cruelty to
Animals Act No.I of 1313 Fasli;
(c) who has been concerned in an offence punishable
under section 60 of this Act or against whom a complaint
has been made on reasonable grounds or about whom
credible information has been received or reasonable
suspicion exists for believing that he is so concerned.
31. (1) Any police officer empowered in this behalf by the
*[Commissioner of City Police, Hyderabad] may arrest
without warrant any person for an offence specified in
section 68 of this Act.
(2) Any Police officer may, on the information of any
person in possession or charge of any dwelling house,
private building or land or ground attached thereto, arrest
without warrant any person alleged to have committed
therein or thereon an offence punishable under section 59 of
this Act.
32. When a notification, or order in writing or public notice
has been issued under sub-section (2) (3) or (4) of section
22 of this Act, or an order has been made under section 23
or 24, any Magistrate or Police officer may require any
16. Substituted by Act No.XXIV of 1952.
17. Repealed by A.P. Act No.XXIII of 1958.
Other powers of
arrest to Police
Officers.
Enforcement of
orders issued
under sections 22,
23, 24.
[Act No.IX of 1348 F.] 33
person who contravenes or is about to contravene the
same, to desist or to abstain from so doing and in case of
refusal or disobedience, may arrest such person. Any such
Magistrate or Police officer may also seize any object or
article used or about to be used in contravention of the
aforesaid notification, order or notice and the object or
articles seized shall be proceeded with according to the
order of the Chief City Magistrate.
UNLAWFUL ASSEMBLY.
33. If on any emergency the available Police force is not
sufficient to disperse an unlawful assembly or to quell a riot
or any disturbance likely to disturb public peace, the
*[Commissioner of City Police, Hyderabad] or Magistrate of
the highest rank who is present at the time, may apply to the
officer of highest rank of the Regular forces who may be on
the spot for military aid for such purpose.
34. (1) When the *[Commissioner of City Police,
Hyderabad] or a Magistrate determines to disperse any
unlawful assembly by military aid, he may require any
commissioned or non-commissioned officer commanding a
battalion of the Regular Forces, or the volunteer corps, to
disperse such assembly by military force and to arrest and
confine such persons taking part in the said assembly as
the *[Commissioner of City Police, Hyderabad] or the
Magistrate may direct, or as it may be necessary to arrest
and confine for the purpose of dispersing the assembly or to
have them punished according to law.
(2) Every such officer shall obey such requisition in
such manner as he thinks fit, but in so doing shall use as
little force, and do as little injury to the life and property of
persons as may be possible and as may be consistent with
dispersing the assembly and arresting and detaining the
persons taking part in it.
Requisitioning
military aid to
disperse
assembly.
Duty of officer
commanding
military required
to disperse
assembly by
Magistrate or
*[Commissioner of
City Police,
Hyderabad].
34 [Act No.IX of 1348 F.]
35. When the public peace is manifestly endangered by
any such assembly and when it is impracticable to take
instructions from the *[Commissioner of City Police,
Hyderabad] or a Magistrate, any Commissioned officer may
disperse such assembly by Military, and may arrest and
confine any person or persons taking part in it in order to
disperse the assembly or that they may be punished
according to law; but if while he is acting under this section,
it becomes practicable to inform the *[Commissioner of City
Police, Hyderabad] or a Magistrate, he shall do so and shall
thence forward obey the instructions of the *[Commissioner
of City Police, Hyderabad] or Magistrate as to whether he
shall or shall not continue such action.
36. No prosecution against any person for any act done
while acting under sections 33, 34 and 35 of this Act, or
under 18[section 37 of the Code of Criminal Procedure,
1973] shall be instituted in any Criminal Court, except with
the sanction of the Government; and
(a) no Magistrate or Police officer acting in good faith,
(b) no officer acting under section 35 in good faith,
(c) no person doing any act in good faith on being
required under section 34 of this Act or under 17[section 37
of the Code of Criminal Procedure, 1973],
(d) no inferior officer, soldier or volunteer doing any act
in obedience to any order which he is bound to obey, shall
be deemed to have thereby committed any offence.
37. (1) The Chief City Magistrate may, with the sanction
and subject to the orders of the Government which may
18. Substituted by Act No.2 of 2004.
Power of
Commissioned
officer to disperse
unlawful
assembly.
Bar of prosecution
for acts done
under sections 33,
34, 35.
Central Act 2 of 1974.
Mode of recovery
of compensation
for injury caused
by unlawful
assembly.
[Act No.IX of 1348 F.] 35
have been issued in this behalf, and after such enquiry as
he thinks necessary,-
(a) determine the amount of compensation which, in
his opinion, becomes payable to any person or persons in
respect of any loss or damage caused to any property by
any act connected with the common object of the unlawful
assembly or in respect of death or grievous hurt caused to
any person or persons by such act; and
(b) require the Municipal Commissioner to recover
such amounts by an addition to the general tax which shall
be imposed and levied in those municipal wards or sub-
wards or sections.
(2) On the recommendation of the Chief City Magistrate
the Government may, by order, exempt any person or
persons from the payment of a portion of such
compensation.
(3) No compensation shall be awarded under this
section unless a claim therefor is made within one month
from the date of the loss or damage or death or grievous
hurt and unless the Chief City Magistrate is satisfied that the
person claiming, or where such claim is in respect of the
death of any person, that person also had been free from
blame in connection with the occurrences which lead to the
aforesaid loss, damage, death or grievous hurt.
(4) No suit shall be instituted in any Civil Court in
respect of any loss or damage for which compensation has
been awarded under this section.
38. (1) The addition in the general tax imposed under the
preceding section shall be recovered by the Municipal
Commissioner from the persons liable therefor in the same
manner as the general taxes are recovered.
Exemption from
payment of
compensation.
Recovery of
amount through
Municipal
Commissioner.
36 [Act No.IX of 1348 F.]
(2) The provision of 19[section 204 of the 20[Greater
Hyderabad Municipal Corporation Act, 1955] shall apply to
any such addition as if it were part of the general tax levied
under the said Act.
UNCLAIMED PROPERTY.
39. (1) The Police shall take temporary charge of the
following property:-
(a) all unclaimed property found by or made over to
them; and
(b) all property found lying in any street, if the owner
or person in charge of such property, on being directed,
refuses or fails to remove the same from the street;
(2) Every property of which the Police have taken
charge under sub-section (1) shall be produced before the
*[Commissioner of City Police, Hyderabad.]
40. (1) The *[Commissioner of City Police, Hyderabad]
shall issue a proclamation with the particulars of the
property, requiring, any person who may have a claim in
respect of such property, to appear before the
*[Commissioner of City Police, Hyderabad] or any other
officer whom he appoints for the purpose within six months
from the date of the proclamation and submit his claim.
(2) If such property or any part thereof is subject to
speedy decay or consists of live-stock and animals or if the
value of such property is less than five rupees it may be
forthwith sold by auction under the orders of the
*[Commissioner of City Police, Hyderabad] and the
19. Substituted by the A.P.A.O. 1957.
20. Adapted by G.O.Ms.No.134, Municipal Administration & Urban
Development (F2) Department, dated 13.10.2015.
Act II of 1956.
Police to take
charge of
unclaimed
property.
*[Commissioner of
City Police,
Hyderabad] to
issue
proclamation.
Immediate sale of
perishable
property.
[Act No.IX of 1348 F.] 37
proceeds of sale shall be dealt with in the same manner as
is hereinafter provided for the disposal of the said property.
41. (1) If the *[Commissioner of City Police, Hyderabad] is
of opinion that the claimant of any seized property is entitled
to the said property, he shall order the same to be delivered
to him after deducting or payment of the expenses incurred
in the seizure and detention thereof.
(2) The *[Commissioner of City Police, Hyderabad]
may, at his discretion, before the issue of an order under
sub-section (1) demand reasonable security from the
person to whom the said property is to be delivered, and the
foregoing provisions shall not affect the right of any person
to recover the whole property or any part thereof, from the
person to whom such property has been delivered pursuant
to such order.
(3) If no person establishes his right within the
prescribed time, such property shall be at the disposal of
the Government and the said property or part thereof which
has not been sold under sub-section (2) of section 40 may
be sold by auction under the orders of the *[Commissioner
of City Police, Hyderabad.]
CATTLE POUNDS.
42. (1) The *[Commissioner of City Police, Hyderabad]
shall from time to time appoint such places as he thinks fit to
be cattle pounds, and a Police officer of such rank shall be
appointed as pound-keeper as the Government may
approve.
(2) Every pound-keeper so appointed shall discharge
his duties subject to the orders of the *[Commissioner of
City Police, Hyderabad.]
Property to be
delivered to
person entitled.
Power to take
security.
Property to be at
the disposal of
Government in
case no claim or
objection is filed.
Power to establish
pounds for cattle
and to appoint
keeper.
38 [Act No.IX of 1348 F.]
43. It shall, be the duty of every Police officer, and shall be
lawful for any other person, to seize and impound in any
Government pound any cattle found straying in any street or
tresspassing upon any private or Government property
within the Hyderabad City Police limits.
44. (1) If the owner of the impounded cattle or his agent
appears and claims delivery of such cattle, the pound-
keeper shall deliver the said cattle to him on payment of the
pound fees and the actual expenses in respect of such
cattle fixed under sub-section (4).
(2) If, within ten days from the date of impounding any
animal, no person who is the owner of such animal appears
and pays the fees and expenses specified in sub-section
(4), such cattle shall be forthwith sold by auction, and the
surplus remaining after deducting the fees and expenses
aforesaid from the proceeds of the sale, shall be paid to any
person who, within fifteen days from the date of sale,
appears before the officer appointed by the *[Commissioner
of City Police, Hyderabad] for this purpose and proves to his
satisfaction that he is the owner of the said animal. In other
cases such proceeds of sale shall be appropriated by the
Government.
(3) No Police officer or pound-keeper shall directly or
indirectly purchase any cattle at a sale under sub-section
(2).
21[(4) (a) Fines in respect of the following cattle
impounded in accordance with the foregoing provisions
shall be levied at the rates shown against each of them
namely:—
21. Substituted by Act No.VII of 1956.
Impounding of
cattle.
Delivery of cattle.
[Act No.IX of 1348 F.] 39
Name of Cattle Rate of fine per
head
(1) Elephant and its
young
.. Fifteen rupees
(2) Camel and its young .. Seven rupees,
eight annas
(3) Horse and its young .. Three rupees
(4) He-buffalo, she-buffalo
and its young
.. Two rupees, eight
annas
(5) Bullock, cow and the
young of cow
.. Two rupees
(6) Pony, gelding or mule .. Two rupees
(7) Ass, pig and their
young
.. One rupee, eight
annas
(8) Goat, sheep, ram and
their young
.. One rupee
Provided that the Government may, when satisfied that
in any particular area cattle are allowed to go at large by
their owners with intent to cause damage to the crops, by
notification in the Official Gazette direct that in such area the
fine shall be levied at double the rate specified above.
Government may also, at any time, by a like notification
modify or cancel the said notification.]
(b) The pound fees and expenses chargeable shall
be at such rates for each day including any part of a day as
may be fixed by the *[Commissioner of City Police,
Hyderabad.]
WEIGHTS AND MEASURES.
45. (1) Any Police officer generally or specially deputed for
the purpose by the *[Commissioner of City Police,
Hyderabad] may without warrant enter any shop or
premises for the purpose of inspecting or searching for any
Powers to inspect
and seize false
weights and
measures.
40 [Act No.IX of 1348 F.]
weights or measures or instruments weighing and
measuring used or kept in such shop or premises.
(2) If he finds in such shop or premises weights,
measures or instruments for weighing or measuring which
he has sufficient reason to believe to be false, he may seize
the same and shall forthwith give information of such seizure
to the Magistrate having jurisdiction. If such weights or
measures or instruments shall be proved before the
Magistrate to be false, they shall be destroyed.
(3) Weights and measures purporting to be of the
same denomination and standard as weights and measures
prescribed by the Government under 22[the Hyderabad
Weights and Measures Act XIV of 1356 Fasli] if they do not
really correspond with those weights and measures shall be
deemed to be false weights and measures for the purposes
of this section.
POWERS OF SUPERIOR OFFICERS.
46. Every Police officer of rank superior to that of a
Constable may perform any duty assigned by any law or by
a lawful order to any officer subordinate to him and where
any duty has been imposed on any subordinate, every
superior officer, when it shall appear to him necessary, may
aid such subordinate or supplement his duties or may issue
any other order in supersession of his order or may prevent
him in the performance of his duties whenever it shall
appear to him necessary or expedient so to do for giving
convenient effect to the law or for avoiding an infringement
thereof.
22. Substituted by the A.P.A.O. 1957 and this Act was repealed by A.P
Act I of 1959.
Superior officer
may perform
duties imposed
on subordinate
officer.
[Act No.IX of 1348 F.] 41
MAGISTERIAL POWERS OF COMMISSIONER AND
DEPUTY COMMISSIONER OF POLlCE.
47. (1) The *[Commissioner of City Police, Hyderabad] by
virtue of his office, and any Deputy Commissioner of Police
specially empowered in this behalf by the Government, shall
have all the powers of a District Magistrate under 23[sections
91, 93 (1), 93 (2) and 94 of the Code of Criminal Procedure,
1973.]
(2) The powers specified above may be exercised for
the purposes of any investigation or any other proceeding
under this Act or 23[the Code of Criminal Procedure, 1973.]
CHAPTER V.
PROCEDURE.
48. (1) If in the course of investigation the *[Commissioner
of City Police, Hyderabad] has reason to believe that a
cognizable offence has been committed, he may require the
attendance before himself or any officer subordinate to him
who is investigating a cognizable offence, of any person
who resides within the Hyderabad City Police limits or within
30 miles of such limits, who from the information received or
otherwise appears to be acquainted with the facts and
circumstances of the case, and such person shall attend as
so required.
The provisions of 23[section 161 of the Code of Criminal
Procedure, 1973] shall also apply to the person so
attending.
(2) In any case the *[Commissioner of City Police,
Hyderabad] may forward in writing to the Superintendent of
Police of the district within the limits of which any person
23. Substituted by Act No.2 of 2004.
Judicial powers of
superior Police
officers.
Central Act 2 of 1974.
Special powers of
*[Commissioner of
City Police,
Hyderabad] to
summon
witnesses and
record their
statements.
Central Act 2 of 1974.
Central Act 2 of 1974.
42 [Act No.IX of 1348 F.]
from whom any information is required to be obtained
relating to the facts and circumstances of the case under
investigation, is believed to be, such questions and facts as
may be necessary for obtaining the information required,
and on receipt thereof, the Superintendent of Police shall
examine such person and shall record his statement in the
same manner and subject to the same provisions as if such
Superintendent of Police were investigating such offence in
his district, and shall forward the statement recorded to the
*[Commissioner of City Police, Hyderabad.]
49. If the *[Commissioner of City Police, Hyderabad] has
reason to believe that any person is confined or detained
under such circumstances that such confinement or
detention constitutes an offence he may issue a search
warrant; and the person to whom the search warrant is
directed may search for the person specified in the warrant
in accordance with such directions as may be given therein,
and the person, if found, shall be immediately brought
before the Chief City Magistrate, who shall, having regard to
the circumstances of the case, make suitable order.
50. (1) When an investigation is made under this Act by an
officer subordinate to an officer in charge of a section, he
shall report either orally or in writing the result of such
Investigation to the officer in charge of the section.
(2) The substance of such report shall be entered in a
book which shall be maintained under the direction of the
officer to whom the report is made.
51. Every Police officer or other person making an arrest
may take in his custody any offensive weapons and arms
which may be found on the person of the person arrested
and deliver the weapons and arms so taken, to the Court or
officer before which or whom the person arrested is required
to be produced.
Powers to search
for persons
confined.
Report of
investigation by
subordinate
Police officer.
Powers to take in
custody of
offensive
weapons.
[Act No.IX of 1348 F.] 43
52. If it appears to the officer-in-charge of the section that,-
(a) there are no sufficient reasons for believing that the
person brought before him has committed an offence, he
shall record his reasons and forthwith discharge him;
(b) there are sufficient reasons for believing that such
person has committed an offence, but there are no sufficient
reasons for believing that he has committed a cognizable
offence, he shall forthwith produce him before the
*[Commissioner of City Police, Hyderabad] along with a
report containing the reasons and shall proceed in
accordance with the directions of the *[Commissioner of City
Police, Hyderabad];
(c) there are sufficient reasons for believing that the
person brought before him has committed a cognizable
offence, he shall, if such person was arrested under
24[section 43 of the Code of Criminal Procedure, 1973] re-
arrest him and shall either himself investigate; or direct
some officer subordinate to him to investigate, the facts and
circumstances of the case.
53. The *[Commissioner of City Police, Hyderabad] shall
endorse his name on the reverse of any warrant forwarded
to him by any Court outside the Hyderabad City Police limits
and shall, if practicable, cause it to be executed in the
prescribed manner in the Hyderabad City Police limits.
54. (1) When any Court outside the City Police limits sends
a warrant to any Police officer to be executed within the City
Police limits, such Police officer shall ordinarily take such
warrant for endorsement to a Police officer not below the
rank of Inspector within whose section the warrant is to be
executed.
24. Substituted by Act No.2 of 2004.
Release of person
arrested.
Execution of
warrant received
for execution from
outside the city
limits.
Central Act 2 of 1974.
Warrant directed
to Police officer
for execution
outside the
jurisdiction.
44 [Act No.IX of 1348 F.]
(2) Such Police officer shall endorse his name on the
reverse of the warrant and such endorsement shall be
deemed sufficient authority to the Police officer to whom the
warrant is directed to execute the same within the said
limits, and the local Police shall, if so required, assist such
officer in executing such warrant:
Provided that whenever there is sufficient reason to
believe that the delay caused in obtaining such
endorsement will prevent the execution of the warrant, the
Police officer to whom it is directed may execute the same
without such endorsement.
55. Any person arrested within the City Police limits under
sections 53 and 54 of this Act, shall, unless security is taken
from him under 25[the Code of Criminal Procedure, 1973] be
produced before a city Magistrate or the *[Commissioner of
City Police, Hyderabad.]
56. (1) If it appears to such City Magistrate or the
*[Commissioner of City Police, Hyderabad] that the person
arrested is the person for whose arrest the Court had issued
the warrant, he shall direct his removal in custody to the
Court which issued the warrant:
Provided that if the offence is bailable and such person
is ready and willing to execute a bond to the satisfaction of
the City Magistrate or the *[Commissioner of City Police,
Hyderabad] or to give security in pursuance of any direction
endorsed on the warrant by the Court which issued the
same, the City Magistrate or the *[Commissioner of City
Police, Hyderabad] shall take such bond or security, as the
case may be, and shall forward the bond or security to the
Court which issued the warrant.
25. Substituted by Act No.2 of 2004.
When bail or bond
may be taken
from person
arrested.
Person arrested to
be brought before
Criminal Court or
*[Commissioner of
City Police,
Hyderabad].
Central Act 2 of 1974.
[Act No.IX of 1348 F.] 45
SEARCH WARRANTS.
57. When in the execution of a search warrant issued by a
Court outside the City Police limits any articles for which
search is made are found within the City Police limits, such
articles together with the list of the same shall be produced
before a City Magistrate or the *[Commissioner of City
Police, Hyderabad] and such Magistrate or the
*[Commissioner of City Police, Hyderabad] shall, unless
there is good reason to the contrary make an order for such
articles to be taken to the Court which issued the search
warrant.
58. The *[Commissioner of City Police, Hyderabad] may, if
he thinks fit, retain in his custody any document or article
found or produced before him and in respect of which there
is sufficient reason to believe that it relates to a matter under
investigation or that an offence has been committed.
CHAPTER VI
OFFENCES AND PUNISHMENTS.
59. Whoever without reasonable excuse wilfully enters or
remains in or upon any dwelling house or building or
premises or any land or ground attached thereto, or any
ground or Government building or monument or any
building appropriated to public purposes, whether any
actual damage is caused thereby or not, be punished with
fine which may extend to twenty rupees.
60. Whoever wilfully gives or causes to be given by any
means a false alarm of fire to any fire brigade or to any
officer or firemen thereof, 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.
Disposal of
articles
discovered in the
execution of
search warrant
issued by a court
outside the City
Police limits.
Power to seize
documents or
articles produced.
Wilful trespass.
False alarm of fire.
46 [Act No.IX of 1348 F.]
61. Whoever between sunset and sunrise,-
(a) is found armed with any dangerous instrument with
intent to commit an offence, or
(b) covers his face, or otherwise disguises, with intent
to commit an offence, or
(c) is found in any dwelling house or building under
such circumstances as not to be able to give a satisfactory
account for his presence there, or
(d) is found lying or loitering in any street or yard or
other place, being a reputed thief and without being able to
give a satisfactory account for his presence there, or
(e) has in his possession without reasonable excuse
(the burden of proving which shall be on him) any
implement of house-breaking,
shall be punished with imprisonment for a term which
may extend to 3 months.
62. Whoever has in his possession or conveys in any
manner or offers for sale or pawn any article which there is
sufficient reason to believe is stolen property or property
obtained by fraud, shall, if he fails to account for such
possession or act to the satisfaction of the Magistrate, be
punished with imprisonment for a term which may extend to
3 months or with fine which may extend to one hundred
rupees.
63. Whoever,-
(a) takes or introduces or attempts to take or introduce
any fermented liquors or other intoxicating drugs or
Person being
found under
suspicious
circumstances
between sunset
and sunrise.
Possession of
suspected
articles.
Carrying
intoxicating drugs,
etc into hospital or
military barracks.
[Act No.IX of 1348 F.] 47
preparations into any public hospital without the permission
of a Medical Officer of such hospital, or
(b) takes or causes to be introduced or attempts to
take or introduce any fermented liquors or other intoxicating
drugs or preparations for any military officer not being
above the rank of a non-commissioned officer into any
building occupied by the troops or barracks or guard room
or military encampment, shall be punished with
imprisonment, for a term which may extend to two months
or with fine which may extend to one hundred rupees and
such fermented and intoxicating drugs as also the vessels
containing the same shall be forfeited.
64. (1) Whoever, being ordinarily a pawn-broker, or dealer
in second-hand property, or worker in metals, or reasonably
believed by the *[Commissioner of City Police, Hyderabad]
to be such a person, and having received from a Police
officer written or printed information that the possession of
any property is suspected to have been transferred by any
offence mentioned in 26[section 411 of the Indian Penal
Code] or by any offence punishable under 26[section 417,
418, 419 or 420 of the Indian Penal Code] is found in the
possession or thereafter comes into the possession or has
an offer either by way of sale, pawn, or exchange or for
custody, alteration or for any other purpose, made to him, of
property answering the description contained in the
aforesaid information, shall, unless-
(firstly) he forthwith gives information to the
*[Commissioner of City Police, Hyderabad] or at a Police
Station of such possession or offer and takes suitable steps
to ascertain the name and address of the person from
whom the possession or offer was received and to give
information as aforesaid,
26. Substituted by the A.P.A.O. 1957.
Omission to
report as to
suspected
articles.
48 [Act No.IX of 1348 F.]
(secondly) - the property being a common wearing
apparel or otherwise, incapable of identification from the
written or printed information, has been in no way
concealed after the receipt of such information, be punished
with fine which may extend to fifty rupees in respect of each
such articles which may be in his possession or offered to
him.
(2) Whoever, after the receipt of such information as
aforesaid, alters, melts, defaces or puts away or causes or
suffers to be altered, melted, defaced or put away any
property without previous permission of the Police, shall, on
proof that the same was stolen property within the meaning
of 27[section 411 of the Indian Penal Code], or property in
respect of which any offence punishable under 27[section
417, 418, 419 or 420 of the Indian Penal Code], was
committed, be punished with imprisonment for a term which
may extend to three years or with fine or with both.
65. Whoever takes from any child not appearing to be
above the age of 14 years, any article as a pawn or pledge
as security for any sum of money given to such child as a
loan or advance or otherwise or buys from such child any
article, without the knowledge and consent of the owner of
the aricle, shall be punished with fine which may extend to
one hundred rupees.
66. Whoever in any street, or public place,-
(a) cleans any article of furniture, or any vehicle or
grooms any animal,
(b) except at such time and place as are permitted by
the *[Commissioner of City Police, Hyderabad] makes any
part of any vehicle, or save in case of a serious accident
27. Substituted by the A.P.A.O. 1957.
Taking any article
on pledge from
child.
Miscellaneous
acts declared to
be offences.
[Act No.IX of 1348 F.] 49
rendering repair on the spot unavoidable, repairs any part of
any vehicle,
(c) drives, leads, or propels on any path meant for
pedestrians, any vehicle or rides any animal other than a
perambulator, or
(d) except at such times and places as the
*[Commissioner of City Police, Hyderabad] may have
permitted, trains or breaks any horse,
(e) sets on or urges a dog or other animal to attack,
worry or put in fear any person or animal,
(f) negligently lets loose any horse, or other animal so
as to cause danger, injury, alarm or annoyance or lets loose
any ferocious dog without a muzzle,
(g) causes obstruction, damage or injury by any
misbehaviour, negligence or ill-usage in the driving or
supervision or treatment or care of any cattle or animal,
28[(gg) without the consent of the owner or occupier in
any manner affixes or causes to be affixed any bill, notice,
document, paper or other thing, upon the street or public
place or upon any place of public resort or upon any
building, monument, statue, effigy, post, wall, fence, tree or
other erection therein, or in any manner defaced, disfigured,
written upon, or otherwise marks, or causes to be defaced,
disfigured, written upon, or otherwise marked, the street,
public place or any such place of public resort, building,
monument, statue, effigy, post, wall, fence, tree or erection,]
28. Added by Act No.XXVI of 1954.
50 [Act No.IX of 1348 F.]
(h) obstructs or otherwise causes inconvenience to a
person by wilful intrusion or by improper use of a place at
which bathing is permitted,
(i) flies a kite in a manner likely to cause danger, alarm
or injury to any person or horse or property,
shall, for every such offence, be punished with fine
which may extend to fifty rupees.
67. Except at such times or places as are permitted by the
*[Commissioner of City Police, Hyderabad] from time to
time, whoever in or near a street or public place,-
(a) sets fire to or burns any rubbish or straw or any
other matter, or
(b) lights a bonfire, or
(c) lets off and throws a firework, and
whoever in or within two hundred yards of any street or
public place,
(d) wantonly discharges a firearm, or
(e) sends up a rocket or balloon,
shall, if he commits acts under sub-sections (d) or (e),
be punished with imprisonment for a term which may extend
to eight days or with fine which may extend to fifty rupees,
and in other cases be punished with fine which may extend
to fifty rupees.
68. Whoever in any street or public place or place of public
traffic or in a place within sight of any street or public place,
and in such manner as to be seen from there, whether or
Letting off
firework, burning
straw, etc., or
firing gun in or
near a public
place.
Exposing of body
in indecent
manner.
[Act No.IX of 1348 F.] 51
not such place is an inner portion of a dwelling house or
building, wilfully and indecently exposes his person, shall be
punished with imprisonment for a term which may extend to
eight days or with fine which may extend to fifty rupees.
69. Whoever in any street or public place begs alms, or
directs or permits, children in his care to beg alms or
expose to the public an ulcer, wound or ailment or physical
deformity, with intent to receive alms or to force any person
to give alms, shall be punished with imprisonment for a term
which may extend to one month or with fine which may
extend to fifty rupees or with both.
70. Whoever in any street or public place or place of public
resort,-
(a) is in such a state of intoxication as not to be able to
protect himself,
(b) behaves in an indecent, riotous or disorderly
manner,
(c) uses any threatening, insulting or obscene words or
gestures, likely to disturb public peace or cause public
nuisance,
shall be punished with imprisonment for a term which
may extend to eight days or with fine which may extend to
fifty rupees.
71. Whoever in any Court or Police Station or Government
office, behaves in an indecent, violent or disorderly manner,
shall be punished with fine which may extend to fifty rupees.
72. Whoever in any Court or Police Station or Police office
or building used for Government purposes or building
Begging alms in
indecent manner.
Indecent acts in
street etc.
Indecent
behaviour in
Court, Govt.
offices or Police
Station.
Contravention of
notices affixed in
Government
buildings.
52 [Act No.IX of 1348 F.]
occupied by any public body, smokes or spits in
contravention of a notice approved by the Government and
affixed to some conspicuous place in such Court, station,
office or building shall be punished with fine which may
extend to fifty rupees.
73. Whoever in or near any street or public place or public
passage,-
(a) commits nuisance by easing himself, or
(b) having the care and custody of any child under (7)
years of age suffers such child to commit a nuisance as
aforesaid,
shall be punished with fine which may extend to fifty
rupees.
74. Whoever being the keeper of any public place of
amusement or entertainment knowingly permits
drunkenness, disorderly behaviour or gaming in such place,
shall be punished with fine which may extend to one
hundred rupees.
75. Whoever, by any fraud or unlawful device or
malpractice in playing at or with cards or dice or any other
game or in taking part in the wagers or in betting on the
sides or hands of the players, or in wagering on the event of
any game, sport, pastime or physical exercise, wins from
any other person either for himself or for any other person or
persons, any sum of money or valuable thing, shall be
deemed guilty of cheating within the meaning of 29[section
415 of the Indian Penal Code], and be liable to punishment
accordingly.
29. Substituted by the A.P.A.O. 1957.
Committing
nuisance in or
near public place.
Permitting
disorderly
conduct in public
place.
Cheating at
games.
[Act No.IX of 1348 F.] 53
76. Whoever,-
(a) contravenes any rule made under section 21 of this
Act or any other order or prohibition lawfully given under
sub-section (3) of section 21 or section 22, or
(b) refuses or fails to conform to any lawful and
reasonable direction of any Police officer given in
accordance with this Act, or with any rule made thereunder,
or
(c) opposes or disobeys or fails to conform to any
direction of the *[Commissioner of City Police, Hyderabad]
notified under section 26 of this Act, or abets opposition or
refusal to conform to such direction, shall,-
(firstly) - for any contravention of a rule made under
section 21 of this Act, if the said rule is made under sub-
section (a), (b) or (c) or under clauses (first) and (second) of
sub-section (f), be punished with fine which may extend to
fifty rupees; and if the rule contravened is made under sub-
section (d) or (e) or under clause (third) or (fourth) or (fifth)
of sub-section (f), be punished with imprisonment for a term
which may extend to (8) days or with fine which may extend
to fifty rupees or with both.
(secondly) - if the offence constitutes a contravention of
any prohibitory order made under sub-section (2) or sub-
section (3) of section 22 or clause (c) of this section, be
punished with imprisonment for a term which may extend to
one month or with fine which may extend to one hundred
rupees or with both, 30[and
(thirdly) - in other cases, be punished with fine which
may extend to one hundred rupees.]
30. Added by Act No.XXV of 1359 F.
Contravention of
rules and orders
issued under this
Act.
54 [Act No.IX of 1348 F.]
77. Whoever, having been removed from the City Police
limits under section 22 of this Act, re-enters any place within
such limits without written permission by the
*[Commissioner of City Police, Hyderabad] within two years
from the date of removal shall be punished with
imprisonment for a term which may extend to two years or
with fine or with both.
78. It shall not be incumbent on the *[Commissioner City
Police, Hyderabad] or any Assistant Commissioner of Police
specially authorised in writing in this behalf by the
*[Commissioner of City Police, Hyderabad], to prosecute
any person for offences punishable under sub-section (3) of
section 10 or section 64, 65, 68 or 75 unless the
Government has made an order or prescribed a rule in this
behalf or such offences have occasioned serious loss.
79. Nothing in this Act shall prevent any person from being
prosecuted and punished under any other enactment for
any offence punishable under this Act, or from being
prosecuted and punished under this Act, for an offence
punishable under any other enactment:
Provided that such cases shall be subject to the
provisions of 31[section 300 of the Code of Criminal
Procedure, 1973.]
CHAPTER VII
MISCELLANEOUS.
80. All moneys realised as fees for licences or written
permission issued under this Act, and all sums paid for the
service of processes by Police officers, or all rewards,
forfeitures and penalties or shares thereof which are payable
to any Police officer giving information or for detecting
31. Substituted by Act No.2 of 2004.
Entering in City
Police limits
without
permission after
expulsion.
Prosecution in
certain offences
not to be
compulsory.
Prosecution under
other enactments.
Disposal of fees,
reward etc.
Central Act 2 of 1974.
[Act No.IX of 1348 F.] 55
crimes, shall, save in so for as any portion of such sums is
by any law for the time being in force, payable to the
Hyderabad Municipality, be credited to the Government:
Provided that with the sanction of the Government or
under the rules made by the Government in this behalf, the
whole or any portion of such rewards, penalties or
forfeitures may, for special services, be paid to a Police
officer or be divided amongst two or more Police officers.
81. Any order or notification issued or published under this
Act by the Government or by a Magistrate or officer, the
publication and issue thereof, may be proved by the
32[Official Gazette] in which such order or notification is
published or by a copy thereof signed by such Magistrate or
officer and by him certified to be a true copy of an original
order or notification issued according to the section of this
Act applicable thereto.
82. No rule, order, direction, adjudication, inquiry or
notification made or published, and no act done under the
provisions of this Act or under any rules made under this
Act, or which may be deemed to be in conformity to the
same, shall be deemed illegal, void, invalid or insufficient by
reason of not being in the prescribed form, or any defect in
the publication or any irregularity of procedure.
83. (1) If any rule or order made by the Government in
pursuance of the provisions herein contained and imposing
on the public or a particular class of persons the
responsibility to perform any duty or act, or requiring them
or those under their control to do an act in the manner
specified in the said rule or order, it shall be competent to
any person interested, to apply to the Government through
32. Substituted for the words ―Jarida‖ by the A.P.A.O. 1957.
Method of proving
orders and
circulars.
Rules and orders
not to be deemed
invalid.
Mode of actions
by persons
interested for
cancellation and
amendment of
orders issued.
56 [Act No.IX of 1348 F.]
the Secretary concerned to annul, alter or amend such rule
or order stating that the same is unlawful or oppressive.
(2) If such an application has been wholly or in part
rejected or if after the lapse of four months no answer
thereto or decision thereon has been received from or
published by the Government, it shall be competent to the
person interested to institute a suit against the Government
for a declaration that such order or rule is unlawful either
wholly or in part. Any such rule or order finally adjudged by
a Court to be unlawful shall be annulled or so altered or
amended as to make it conformable to law.
84. (1) Any written permission or licence granted under this
Act to any person, shall specify the period and locality for
which, and the conditions and restrictions subject to which,
the person to whom the permission or licence is granted
shall act, and shall be signed by the *[Commissioner of City
Police, Hyderabad]; and such fee shall be charged therefor
as may be prescribed by rules made under this Act in this
behalf.
(2) Any written permission or licence granted under this
Act may be suspended or revoked by the *[Commissioner of
City Police, Hyderabad] if the person to whom the written
permission or licence has been granted infringes or evades
compliance with its conditions and restrictions, or is
convicted of any offence in any matter which relates to such
licence or written permission.
(3) When any such licence or written permission is
suspended or revoked or when the period for which the
same was granted has expired, the person to whom the
same was granted shall be deemed to be without a licence
or permission, until the order of suspension or revocation is
cancelled by the *[Commissioner of City Police, Hyderabad]
or until the same is renewed.
When suit shall lie
to declare order
unlawful.
Specifying
condition etc., in
licences and
permits.
Suspension,
revocation of
licence etc.
When licence is
suspended or
revoked the
person shall be
deemed without
licence.
[Act No.IX of 1348 F.] 57
(4) Every person to whom any licence or written
permission has been granted shall, while the licence or
written permission remains in force, at all reasonable times
produce the same before a Police officer when required.
85. Any notification required to be published under this
Act, shall be in writing and shall be published by affixing in
any conspicuous place in the locality where it is intended to
be published, or by proclaiming the same with beat of drum,
or by advertising the same in any local newspaper or by any
other means which the *[Commissioner of City Police,
Hyderabad] may think fit or by any two or more of the
aforesaid means as may be suitable.
86. Whenever under this Act any act or omission or the
validity of any act depends upon the consent, approval,
opinion or satisfaction of the *[Commissioner of City Police,
Hyderabad] or of any other Police officer, a document
signed by the *[Commissioner of City Police, Hyderabad] or
by such Police officer, purporting to set forth consent,
approval, opinion or satisfaction shall be deemed sufficient
evidence thereof.
87. Save any summonses, warrants, or search warrants,
required, by the provisions of this Act or the rules made
thereunder, to be signed by the *[Commissioner of City
Police, Hyderabad] every licence or written permission or
notification or document shall be deemed to be duly signed
if it bears a facsimile of his signature stamped thereon.
88. (1) No Magistrate or Police officer shall be liable to any
penaIty or to payment of any damages on account of any
act done or intended to be done in good faith in the
discharge of his duties or exercise of powers under the
provisions of this Act or in accordance with any rule or order
or direction issued or rules made thereunder.
Production of
licence on
demand.
Mode of
publication of
notification.
Permission etc., of
*[Commissioner of
City Police,
Hyderabad] may
be proved by
writing under his
signature.
Notifications may
be signed by seal.
Saving for
Magistrate or
Police officer for
any act done in
good faith in
discharge of
duties.
58 [Act No.IX of 1348 F.]
(2) No Government servant or person who has been
duly appointed or authorized shall be liable to payment of
the penalty or damages as aforesaid for giving effect in
good faith to any such order or direction purporting to be
issued by the Government or by any person authorised in
that behalf under this Act or under any rule made under this
Act.
(3) If a Magistrate or Police officer or other person is
charged with an offence or a wrong in respect of an act
done by him under colour of his functions or in excess of his
powers or duties as aforesaid, or wherein it shall appear to
the Court that the offence or wrong with which any
Magistrate or Police officer or other person has been
charged, or which has been committed by him is of the
character aforesaid, any suit or prosecution instituted after
three months from the date on which the act is done, shall
not be entertained and shall be dismissed.
(4) If the plaint relating to such suit does not expressly
allege that the act complained of has been done with
malicious intent and without reasonable cause, such suit
shall be dismissed, and if in a suit for damages tender of
sufficient amends is made by the defendant before the
institution of the suit, or a sufficient sum of money is paid
into Court, with costs by or on behalf of the defendant, after
the institution of the suit, such suit shall be dismissed.
Suits in certain
cases shall be
dismissed.
Prosecution or
suit to be filed
within three
months.
[Act No.IX of 1348 F.] 59
SCHEDULE.
Form
Certificate of Service.
(See section 8 (1) )
…………………………...s/o…………………………..has been
appointed by the *[Commissioner of City Police, Hyderabad]
to the Police force of the City of Hyderabad and is vested
with all powers, functions, and privileges of a Police officer
under the Hyderabad City Police Act.
*[Commissioner of City Police, Hyderabad.]
* * *
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