The Andhra Pradesh Special Security Group Act, 2023

[33 of 2023]

[26th October 2023]

AN ACT TO PROVIDE FOR THE CONSTITUTION AND REGULATION OF A SECURITY IN THE STATE OF ANDHRA PRADESH FOR PROVIDING PROXIMATE SECURITY TO THE CHIEF MINISTER OF ANDHRA PRADESH AND HIS IMMEDIATE FAMILY MEMBERS AND FOR MATTERS CONNECTED THEREWITH.

Be it enacted by the Legislature of the state of Andhra Pradesh in the Seventy -fourth Year of the republic of India as follows:-

Section - 1. short title, extent and commencement

(1)     This Act may be called the Andhra Pradesh Special Security Group Act, 2023.

(2)     It shall come into force such date as the State Government may, by notification in the Official Gazette, appoint.

Section - 2. Definitions

In this Act, unless the context otherwise requires;

(a)      "active duty" in relation to a member of the Group means any duty as such member during the period when he is posted to physically protect the Chief Minister and the members of his/her immediate family wherever he or she or they may be,

(b)      "Director" means the in-charge of the Group appointed under sub-section (1) of section 5;

(c)      "Group" means the Andhra Pradesh Special Security Group constituted under section 4;

(d)      "Member of the Group" means a person, who has been appointed to the Group by the prescribed authority whether before or after the commencement of the Act;

(e)      "Members of the immediate family" means wife, husband, children and parents;

(f)       "Prescribed" means prescribed by rules made under this Act.

(g)      "proximate security" means protection provided from close quarters, during journey by road, rail, aircraft, watercraft or on foot or any other means of transport and shall include the places of functions, engagements, residence or halt and shall comprise ring round teams, isolation cordons, the sterile zone around, and the rostrum and access control to the person or members of his/her immediate family.

(h)     All words and expressions used and not defined in this Act but defined in the Indian Pena! Code shall have the meanings respectively assigned to them in that code.

Section - 3. Members subject to this Act

Every member of the group shall be subject to this Act, wherever he may be.

Section - 4. Constitution of the Group

(1)     There shall be a separate security group in the State of Andhra Pradesh called the Andhra Pradesh Special Security Group for providing proximate security to the Chief Minister and the members of his/her immediate family.

(2)     Subject to that provisions of the Act, the Group shall be constituted in such manner as may be prescribed and the terms and conditions of service of the members of the Group shall be such as may be prescribed, with the objective of providing security as envisaged under this Act.

(3)     Notwithstanding anything contained in this section, any person or any member of any other Police force of the State may be appointed to the Group by the Andhra Pradesh State Government by a general or special order and for such period as may be specified in such order and the person so appointed shall, during the period of his appointment, be deemed to be a member of the Group, and the provisions of this Act shall, so far as may be, apply to such person or member.

Section - 5. Control, Direction, etc

(1)     The general superintendence, direction and control of the group shall vest in, and be exercised by, the State Government and subject thereto and to the provisions of this Act and the rules, the command and supervision of the Group shall vest in an officer to be appointed by the Andhra Pradesh State Government as the Director of the group.

Provided that the Government may, by general or special order, delegate any of their powers under this sub-section, to such officer or authority as may be specified in such order.

(2)     The Director shall, In the discharge of his duties under this Act, be assisted by such number of Additional Directors, Deputy Directors and other officers as may be appointed by the State Government.

(3)     The scale and level of proximate security shall be such as may be determined by the Director.

Section - 6. Liability for service in and outside India

Every member of the Group shall be liable to serve in any part of the State of Andhra Pradesh or in any other part of India as well as outside India.

Section - 7. Members of the Group always on active duty

Every member of the Group, not on leave or under suspension, shall, for all purposes of this Act, be always on active duty and may at any time be employed or deployed in any manner which is consistent with the duties and responsibilities of the Group under this Act.

Section - 8. Resignation and withdrawal from the post

No member of the Group shall be at liberty, -

(a)      To resign from his appointment during the term of his engagements; or

(b)      To withdraw himself from all or any of the duties of his appointment except with the previous permission in writing of the prescribed authority.

Section - 9. Assistance to Group

It shall be the duty of every Ministry and Department of the State Government or every local or other authority or every civil authority to act in aid of the Director or any member of the Group whenever called upon to do so in furtherance of the duties and responsibilities assigned to such member of the Group.

Section - 10. Protection of action taken under this Act

No suit, prosecution or other legal proceeding shall lie against the Group or any member thereof on whom powers have been conferred or duties have been imposed under this Act, for any order issued or any rule made there-under for anything which is in good faith done or purported to be done or omitted to be done in pursuance of this Act or any order issued or any rule made there-under or any order issued under any such rule.

Section - 11. Power to make rules

(1)     The State Government may by notification in the official Gazette, make rules for carrying out the provisions of this Act to effectuate the purposes of this Act.

(2)     In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters namely, -

(a)      The manner in which the Group shall be constituted and the terms and conditions of service of its members under sub-section (2) of section 4;

(b)      Any other matter which has to be, or may be, prescribed.

Section - 12. Establishment of a separate Training School to provide specialised Training

A separate State-of-art training Centre is required to be established for imparting training to the personnel of Special Security Group which is a highly specialized task requiring exceptional of physical and mental skills, which are distinct from regular policing duties.

Section - 13. Laying of orders and rules

Every rule made under section 11 shall be laid as soon as may be after it is issued or made, before each House of Legislature while it is in Session for a total period of thirty (30) days which may be comprised in one Session or in two or more successive Sessions, and if, before the expiry of the Session immediately following the Session or the successive Sessions aforesaid, both houses agree in making any modification in the order or the rule or both Houses agree that the order or rule, should not be made, the order or rule shall thereafter, have effect only in such modified form or be of no effect, 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 order or rule:

Section - 14. Provision as to existing Special Security Group

(1)     The A.P Special Security Group in existence at the commencement of this Act shall be deemed to be the group constituted under this Act.

(2)     The members of the A. P. Special Security Group in existence at the commencement of this Act, shall be deemed to have been appointed as such under this Act

(3)     Anything done or any action taken before the commencement of this Act in relation to the constitution of the A.P. Special Security Group referred to in sub-section (1) and in relation to any person appointed, shall be as valid and as effective in law as if such thing or action was done or taken under this Act.