SIDDIPET
(METROPOLITAN AREA) POLICE ACT, 2016 THE SIDDIPET (METROPOLITAN AREA) POLICE ACT, 2016 [Act No. 05 of 2017] [19th January, 2017] An act to provide for the establishment of siddipet police
commissionerate for the metropolitan area of siddipet and for the matters
connected therewith or incidental thereto. Be it enacted by the
Legislature of the State of Telangana in the Sixty-seventh year of the Republic
of India as follows:- (1)
This Act may be called the Siddipet (Metropolitan Area) Police
Act, 2016. (2)
It extends to the limits of Siddipet Metropolitan Area, declared
by the Government by notification. (3)
It shall be deemed to have been come into force with effect from
8th October, 2016. (1)
In this Act, unless the context otherwise requires, (a)
the "Siddipet Metropolitan Area" means, the areas
notified by the Government in this behalf; (b)
"Commissioner" means, Commissioner of Police appointed
by the Government under section 5 of the Act and the word
"Commissionerate" shall be construed accordingly; (c)
"Collector and District Magistrate" means, the District
Collector and the District Magistrate of the concerned District; (d)
"Government" means, the State Government of Telangana; (e)
"Notification" means, a notification published in the
Telangana Gazette and the word "notified" shall be construed
accordingly; (f)
Prescribed" means prescribed by rules under this Act. (2)
The words and expressions used in this Act and not defined, but
defined in the Hyderabad City Police Act, 1348 F (Act IX of 1348 F), shall have
the meanings respectively assigned to them in the said Act. (1)
With effect from the commencement of this Act, the areas as
notified by the Government as Siddipet Metropolitan Area under section 8 of the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall be the Siddipet
Police Commissionerate for the purpose of this Act, and on such commencement
the Siddipet Police Commissionerate shall be deemed to have been established
for the said Metropolitan Area of Siddipet: Provided that the
Government may, from time to time, after consultation with the Collector and
District Magistrate and Commissioner, by notification in the Telangana Gazette,
alter the limits of the Commissionerate constituted under this sub-section so as
to include therein or to exclude there from the areas specified in the
notification: Provided further that the
power to issue a notification under this sub-section shall be subject to
previous publication. (2)
Subject to the provisions of sub-sections (3) and (4), the
Telangana District Police Act, 1329F (Act X of 1329 F), shall with effect from
the commencement of this Act, cease to apply to the Siddipet Metropolitan Area. (3)
Such cessation shall not effect, (a)
the previous operation of the Telangana District Police Act, 1329
F (Act X of 1329 F), in respect of the areas within the Metropolitan area of
Siddipet; (b)
any penalty, forfeiture or punishment incurred in respect of any
offences committed under the provisions of the Telangana District Police Act,
1329 F (Act X of 1329 F); or (c)
any investigation, legal proceedings or remedy in respect of such
penalty, forfeiture or punishment and any such penalty, forfeiture or
punishment may be imposed as if this Act had not been enacted. (4)
Notwithstanding anything contained in sub-section (2), all
notifications, rules, regulations, orders, directions, and powers made, issued
or conferred under the provisions of the Telangana District Police Act, 1329 F
(Act X of 1329 F), and in force at the commencement of this Act, shall so far
as they are not inconsistent with the provisions of this Act continue to be in
force in the Siddipet Metropolitan Area, until they are replaced by the
notification, rules, regulations, orders, directions and powers to be made or
issued or conferred under this Act. (1)
With effect from the date of commencement of this Act, the Police
Force functioning in the Siddipet Metropolitan area shall be deemed to be the
Police Force of such Metropolitan area. (2)
Notwithstanding anything contained in sub-section (1), it shall be
competent for the Government to appoint any Police Force as may be prescribed
in this behalf from time to time. (1)
The control and supervision of Police Force specified under
section 4 shall, subject to the orders of the Government, be vested in an
officer, who shall be called the Commissioner of Siddipet for the metropolitan
area and who may, from time to time, be appointed and removed by the
Government. (2)
The Headquarters of the Commissionerate shall be at Siddipet or at
such other place as may be notified. (3)
The Commissioner shall be designated as Commissioner of Police and
Additional District Magistrate, Siddipet. (1)
The Government may, from time to time, appoint one or more Deputy
Commissioners and one or more Assistant Commissioners or may remove any Deputy
Commissioner or Assistant Commissioner so appointed. (2)
Every such Deputy Commissioner shall, subject to the orders of the
Commissioner, be competent to exercise
all powers or perform some of the duties which are required to be performed by
the Commissioner under this Act or any other enactment for the time being in
force, and every Assistant Commissioner of Police appointed under sub-section
(1) shall exercise such powers or perform such duties as may from time to time
be conferred upon or assigned to him by the Commissioner: Provided that the Deputy
Commissioner and Assistant Commissioner shall not exercise the powers regarding
making rules for regulation of traffic and for preservation of orders and
judicial powers of superior police officer, vested in the Commissioner. (1)
Save as otherwise expressly provided herein, all the provisions of
the Hyderabad City Police Act, 1348 F (Act IX of 1348 F), (hereinafter in this
section called "the said Act") including the provisions relating to
make rules for regulation of traffic and for preservation of orders and giving
directions to public are hereby extended to and shall apply mutatis mutandis to
the SiddipetCommissionerate and the said Act shall, in relation to the
Commissionerate be read and construed as if the provisions of the said Act had
formed part of this Act. (2)
The Commissioner and the Deputy Commissioners of Police of
Siddipet Police Commissionerate shall exercise the powers of the District
Magistrate under section 47 of the Hyderabad City Police Act, 1348 F (Act IX of
1348 F), in the limits of urban police stations as may be notified by the
Government, from time to time, in consultation with the Collector and District
Magistrate/Commissioner of Police. (3)
For the purpose of facilitating the application of the provisions
of the Hyderabad City Police Act, 1348 F (Act IX of 1348 F), to the
SiddipetCommissionerate, the Government may, by notification, make such
adaptations and modifications of the said Act and rules, notifications,
regulations, orders, directions
made there under whether by way of repealing, amending or suspending any
provision thereof as may be necessary or expedient and thereupon the said Act
and the rules, notifications, regulations, orders and directions made there
under, shall apply to the SiddipetCommissionerate, subject to the adaptation
and modifications so made. (4)
Notwithstanding that no provision or insufficient provision has
been made under sub-section (3) for the adaptation of the provisions of the
said Act, rules, notifications, regulations, orders and directions made there
under, any Court, Tribunal or authority, required or empowered to enforce those
provisions may, for the purpose of facilitating their application to the
Commissionerate, construe these provisions in such manner, without affecting
the substance, as may be necessary or proper in regard to the matter before the
Court, Tribunal or Authority. (1)
If any difficulty arises in giving effect to the provisions of
this Act, the Government may, by notification in the Telangana Gazette do
anything not inconsistent with such provisions which appear to them to be
expedient or necessary for the purpose of removing the difficulty. (2)
Every notification issued under this section shall be laid before
the Legislature of the State as soon as possible after it is issued and if the
Legislature agrees in making any modification in the notification or in the
annulment of the notification, the notification shall thereafter have effect
only in such modified form or stand annulled as the case may be, so however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that notification. The Government may, from
time to time, give such directions not inconsistent with the provisions of the
Act or the rules made there under to the SiddipetCommissionerate as it may
consider necessary for carrying out the purposes of this Act. (1)
The Government may, by notification, make rules for carrying out
all or any of the purposes' of this Act. (2)
Every rule made under this Act shall immediately after it is made,
be laid before the Legislature of the State, if it is in session and if it is
not in session, in the session immediately following for a total period of
fourteen days which may be comprised in one session or in two successive
sessions, and if, before the expiration of the session in which it is so laid
or the session immediately following the Legislature agrees in making any
modification in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified, have effect only
in such modified form or shall stand annulled as the case may be, so however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule. In the Telangana District
Police Act, 1329 F, in section 1, for the words "and the Ramagundam
Metropolitan Area", the words "Ramagundam Metropolitan Area and the
Siddipet Metropolitan Area" shall be substituted. The Siddipet (Metropolitan
Area) Police Ordinance, 2016 is hereby repealed.
Preamble - SIDDIPET (METROPOLITAN AREA) POLICE ACT, 2016PREAMBLE