ANDHRA PRADESH
(TELANGANA AREA) PUBLIC SECURITY MEASURES ACT, 1951 [1]THE
ANDHRA PRADESH (TELANGANA AREA) PUBLIC SECURITY MEASURES ACT, 1951 [Act No. 29 of 1951] [5th October, 1951] An Act to amend the law relating to public safety, maintenance of
public order and the preservation of peace and tranquility in the Telangan'a
Area of the State of Andhra Pradesh. whereas it is expedient to
amend the law relating to public safety, maintenance of public order and the
preservation of peace and tranquility in the Telangana Area of the State of
Andhra Pradesh It is hereby enacted as follows.-- (1)
This Act may be called the [2]
[Andhra Pradesh (Telangana Area) Public Security Measures Act, 1951. (2)
It shall extend to the whole of the Telangana area of the State of
Andhra Pradesh and shall come into force from the date of its publication in
the Official Gazette. (1)
The State Government may, if it is satisfied in respect of any
person that in the interests of the general public it is necessary to do so
make an order- (a)
directing that, except in so far as he may be permitted by the
provisions of the order, or by such authority or person as may be specified
therein, he shall not be in any such area or place in the area to which this
Act extends as may be specified in the order, (b)
requiring him to reside or remain in such place or within such
area in the area to which this Act extends as may be specified in the order
and, if he is not already there, to proceed to that place or area within such
time as may be specified in the order. (c)
requiring him to notify his movements or to report himself or to
do both in such manner, at such time and to such authority or person, as may be
specified in the order; (d)
imposing upon him such restrictions as may be specified in the
order, in respect of his employment or business or dealing with other persons; (e)
prohibiting or restricting the possession or use by him of any
such article or articles, as may be specified in the order, (2)
No order under sub-section (1) shall be made directing the
exclusion or removal from the area to which this Act extends of any person
ordinarily resident in that area. (3)
An order made under sub-section (1) may require the person in
respect of whom it is made to enter into a bond with or without sureties, for
the due observance of the restrictions or conditions specified in the order. (4)
?If any person is found in
any area or place in contravention of an order made under the provisions of
this section, or fails to leave any area or place in accordance with the
requirements of such order, he may without prejudice to the provisions of
sub-sec. (5) be removed by any police officer from such area or place. (5)
If any person contravences any order made under this section he
shall, on conviction, be punishable with imprisonment for a term which may
extend to one year or with fine, or with both, and if such person has entered
into a bond in pursuance of the provisions of sub-section (3), his bond shall
be forfeited and any person bound thereby shall pay the penalty thereof or
show-cause to the satisfaction of the court why such penalty should not be
paid. (1)
An order under sub-section (1) of Section 2 in respect of any
person, shall be served on that person and shall- (a)
specify the grounds on which it is issued and such other
particulars, if any, as may have a bearing on the necessity therefore; and (b)
fix a period of ten days for the person against whom the order is
made to make a representation to the State Government in respect of the issue
of the order. (2)
No order against any person under sub-section (1) of Section 2
shall remain in force for a longer period than three months unless an Advisory
Board constituted under sub-section (2) of Section 4 has reported under
sub-section (3) of that section before the expiration of the said period. (3)
Nothing in sub-section (1) shall require the State Government to
disclose any facts which it considers to be against the public interest to
disclose. (1)
After the expiry of the time fixed in the order for the making of
representation in respect of the issue thereof, the State Government shall
place before an Advisory Board constituted under sub-section (2) a copy of the
order and also of the representation, if any, received before such expiry. (2)
The State Government shall, whenever necessary constitute one or
more Advisory Boards and each such Board shall consist of three persons who
are, or have been, or are qualified to be appointed as, Judges of the High
Court, and one of them shall be its Chairman. The Chairman and the other
members of each Board shall be appointed by the State Government. (3)
The Advisory Board shall, after considering the materials placed
before it and, if necessary, after calling for such further information as it
may deem fit from the State Government, the person against whom the order is
made or any other person, submit its report to the State Government. (4)
The report of the Advisory Board shall specify in a separate part
thereof its opinion or that of the majority of its members as to whether or not
there was sufficient cause for the issue of the order in respect of the person
concerned. (5)
Nothing in this section shall entitle any person to attend in
person or to appear by any legal practitioner in any matter connected with the
reference to the Advisory Board, and the proceeding of the Advisory Board and
its report, excepting that part thereof in which in its opinion or that of the
majority of its members is specified, shall be confidential: Provided that the Advisory
Board may, it thinks fit, permit the person against whom the order under
sub-section (1) of Section 2 has been made, to appear in person but not by a
legal practitioner before the Board at any stage of the proceedings referred to
in this sub-section. (6) After
considering the report of the Advisory Board,, the State Government may
confirm, modify or cancel the order, under sub-section (1) of Section 2,
stating (except where the order is cancelled) the period during which the order
as confirmed or modified shall remain in force. (1)
If it appears to the State Government that the inhabitants or any
class or section of inhabitants of any area are concerned in or are abetting
the commission of offences resulting or likely to result in death or grievous
hurt or loss of or damage to property, or are harbouring persons concern in the
commission of such offences, or are suppressing material evidence of the
commission of such offences, or have contravened a general order made under
subsection (1) of Section 9, the State Government may by notification in the
Official gazette impose a collective fine on such inhabitants or class or
section of inhabitants of that area. (2)
The Commissioner of Police in the City of Hyderabad and the
Collector elsewhere may exercise the power conferred by subsection (1) on the
State Government. (3)
The State Government may make rules prescribing the manner in
which an order made by the Commissioner of Police or the Collector shall be
published. (4)
The State Government or the Commissioner of Police or the
Collector, as the case may be, may by general or special order exempt any person
or any class or section of such inhabitants from liability to pay any portion
of any fine imposed under this section. (5)
The Commissioner of Police or the Collector, as the case may be,
shall after such enquiry as he may deem necessary, apportion such fine in such
manner as is deemed, proper among the inhabitants who are liable collectively
to pay it. (6)
In any such apportionment the Commissioner of Police or the
Collector, as the case may be, may fix the fine to be paid by a joint or
undivided family. (7)
The fine payable by any person (including a joint or undivided
family) may be recovered-(a) in the manner provided in the Code Criminal
Procedure, 1898, hereinafter referred to as the Code, for the recovery of fines
imposed by a court, as if such fine were a fine imposed by a Court: Provided that the State
Government may make rules under this Act, regulating the manner in which
warrants under Section 386 of the Code are to be executed for recovering the
fine imposed under this Section, and for the summary determination of any
claims made by any person other than the person liable to pay the fine in
respect of any property attached in execution of the warrant; or (b) as arrears
of land revenue. (8)
The State Government or the Commissioner of Police or the
Collector, as the case may be, may, after making such inquiry as may be deemed
necessary, refund either wholly or in part any fine paid by, or recovered from,
any person under this section. (9)
The State Government may award compensation out of the proceeds of
a fine realised under this section to any person to whom, in its opinion,
damage in person or property has been caused by the unlawful acts of the
inhabitants of the area. (1)
The State Government may in the interests of public order by
general or special order, prohibit or restrict in the any area any exercise,
movement, evolution or drill of a military nature specified in the order. (2)
With a view to securing that no unauthorised exercise, movement,
evolution or drill of a military nature is performed at any place, the State
Government may, by general or special order, prohibit, restrict or impose
conditions on the holding of, or taking part in, any camp, parade, meeting,
assembly or procession, by any class of persons or organisation specified in
the order. (3)
If any person contravenes any order made under this section, he
shall, on conviction, be punishable with imprisonment for a term which may
extend to one year or with fine or with both. [3] [x
x x]. (1)
If in the opinion of the State Government it is essential for the
purposes of the security of the area to which this Act extends or the
maintenance of public order in the said area or any part thereof to restrict
the removal of any commodity, article or thing from the said area or such part,
the State Government may, by general or special order, direct that no person
shall remove such commodity, article or thing from the said area or without the
permission in writing in the City of Hyderabad of the Commissioner of Police
and elsewhere of the Collector. Provided that nothing in
this sub-section shall apply to any goods to which the Supply and Prices of
Goods Act, 1950 (LXX of 1950) applies. (2)
If any person contravences any order made under sub-section (9) he
shall, on conviction, be punishable with imprisonment for a term which may
extend to one year, or with fine or with both. (1)
The State Government may, in the interests of the security of the
State, or of the maintenance of public order or of services essential to the
life of the community, by general or special order, direct that the inhabitants
within such area as may be specified in the order shall ? (i)
assist in the maintenance or restoration of public order, or in
the protection of property for such period and in such manner as may be
specified in the said order. (ii)
furnish to any authority or person specified in the side order any
information so specified, which is in their possession or of which they could
with the exercise of due diligence become possessed. (2)
If any person contravences any order made under sub-sec. (1) he
shall be punishable with imprisonment for a term which may extend to one year
or with fine or with both: Provided that any court
convicting any person for such contravention shall, in determining the
punishment to be awarded, take into account the amount, if any, apportioned on
such person of any collective fine imposed by Section 5. The State Government may by
order direct that any power or duty which is conferred or imposed on the State Government
by or under this Act shall in such circumstances and under such conditions, if
any, as may be specified in the order, be exercised or discharged by any
officer or authority subordinate to it, not being in the opinion of the State
Government below the rank of a Commissioner of Police or a Collector. Notwithstanding anything
contained in any law for the time being in force, in a prosecution for an
offence for the contravention of an order under this Act, on the production of
an authentic copy of the order, (1)
it shall, until the contrary is proved and the proving of which
shall lie on the accused, be resumed- (a)
that the order was made by the authority competent under this Act
to make it; (b)
that the authority making the order was satisfied that the grounds
on or the purpose for which it was made existed, and that it was necessary to
make the same; and (c)
that the order was otherwise valid and in conformity with the
provisions of this Act; and (2)
no public officer shall be compelled to disclose any fact or to
produce any document when he considers that the public interest would suffer by
the disclosure of such fact or the production of such document although such
fact or document may be relevant to any of the matters contained in the order. Explanation.-- For the
purposes of this Act, an authentic copy of the order means a copy certified in
a manner prescribed under Section 76 of the Indian Evidence Act, 1872, or if
this Act requires that the order be published in the Official Gazette, a copy
of the Official Gazette, relating to the publication of the order. (1)
Save as otherwise provided by or under this Act, every order made
under this Act shall- (a)
if it is an order of a general natural or affecting a class of
persons, be published in such manner as may, in the opinion of the authority
making it, be best adopted for informing the persons affected by the order: (b)
if it is an order affecting a corporation be served- (i)
on the Secretary or any Director, or other principal officer of
the corporation; or (ii)
by leaving it or sending it by registered post addressed to the
corporation at its registered office or if there is no registered office then
at the place where the corporation carries on business; (c)
if it is an order affecting a firm, be served- (i)
upon any one or more of the partners, or (ii)
upon any person having, at the time of service, the control or
management of the partnership business at the principal place at which such
business is carried on within India; and (d)
if it is an order affecting an individual person other than a
corporation or a firm, be served on the person- (i)
personally, by delivering or tendering to him the order, or (ii)
by registered post, or (iii)
when the person cannot be found, by leaving an authentic copy of
the order with some adult male member of the family, or (iv)
by affixing such copy to some conspicuous part of the premises in
which he is known to have last resided or carried on business or worked for
again. (2)
where the question arises whether a person was duly informed of an
order made in pursuance of this Act, compliance with the requirements of
sub-section (1) shall be a conclusive proof that he was informed; but failure
to comply with the said requirements shall not preclude proof by other means
that he was so informed or affect the validity of the order. Any police officer may
arrest without warrant any person who is reasonably suspected of having
committed an offence punishable under this Act. (1) The
enactments specified in the following table are hereby repealed to the extent
mentioned in the fourth column thereof.-- Enactments Repealed Year No. if any Short title Extent or repeal (1) (2) (3) (4) 1348-F XII The Andhra Pradesh (Telangana Area)
Public Security Act. The whole except- (1) Section 1 and Chapter III, (2) Section 2 to the extent to which
it defines words and expressions used in Chapter III, and (3) Section 36 to the extent to which
it applies to offences punishable under Chapter III. 1348-F The Defence of Hyderabad Regulation,
1348-F To the extent to which it enables
rules to be made and enforced in relation to matters in respect of which
powers are conferred by the Andhra Pradesh (Telangana Area) Public Security
Measures Act, 1951. 1358-F VIII The Public Safety and Public Interest
Regulation The whole (2)
Every notification issued, or appointment or order made under- (i)
the public Safety and Public Interest Regulation (VIII of1358-F),
or (ii)
a provision of the Andhra Pradesh (Telangana Area) Public Security
Act, 1348-F repealed by sub-section (1) or, (iii)
a rule included in the Defence of Hyderabad Rules which ceases to
have effect by reason of the partial repeal of the Defence of Hyderabad
Regulation, 1348-F, by subsection (1). Which was in force immediately before the commencement of this
Act, so far as it could validly have been issued or made under this Act, shall
continue in force and be deemed to have been issued under this Act, until it is
superseded or modified by competent authority under this Act and any proceeding
under the said Regulation or Act or under any such rule pending on the date of
coming into operation of this Act may be continued as if it were a proceeding
under this Act. No suit, prosecution or
other legal proceedings shall lie against any person for anything in good faith
done or intended to be done in pursuance of this Act. The State Government may by
notification in the Official Gazette and subject to the condition of previous
publication make rules to carry out the purposes of this Act. The provisions of this Act
shall be in addition to and not in derogation of any other Act or Regulation
for the time being in force.
Preamble - THE ANDHRA PRADESH (TELANGANA AREA) PUBLIC SECURITY
MEASURES ACT, 1951PREAMBLE