The Telangana Public Security Measures Act, 1951

THE TELANGANA PUBLIC SECURITY MEASURES ACT, 1951. (ACT NO. XXIX OF 1951.) ARRANGEMENT OF SECTIONS Sections 1. Short title, extent and commencement. 2. Power to make orders restricting movements or actions of persons. 3. Contents and duration of the order under sub- section (1) of section 2. 4. Constitution of the Advisory Board and the procedure for consideration by the Board of order under sub-section (1) of section 2. 5. Imposition of Collective fine. 6. Control of camps, parades, etc. 7. Omitted. 8. Control of commodities, etc. 9. Power to order persons to assist in restoring law and order and preserving property and to furnish information. 10. Delegation of powers and duties of the State Government. 11. Presumption in prosecutions for contravention of orders and privileges of public officers not to disclose facts or to produce documents. 12. Publication and service of orders made under this Act. 13. Power to arrest without warrant. 14. Repeals and savings. 15. Protection of action taken under this Act. 2 [Act No. XXIX of 1951] 16. Power to make rules. 17. Application of the other laws not barred. THE TELANGANA PUBLIC SECURITY MEASURES ACT, 1951.1 ACT No. XXIX OF 1951. 1. (1) This Act may be called 2[the Telangana Public Short title, extent Security Measures Act, 1951]. and commencement. (2) It shall extend to the whole of 2[the State of Telangana] and shall come into force from the date of its publication in the 3[Official Gazette]. 2. (1) The State Government may, if it is satisfied in Power to make respect of any person that in the interests of the general orders restricting movements or public it is necessary to do so make an order— actions of persons. (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 4[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 4[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; 1. The Andhra Pradesh (Telangana Area) Public Security Measures Act, 1951 applicable to the Telangana Area of the State of A.P. and 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 by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016. 3. Substituted for the word “Jarida” by the Andhra Pradesh Adaptation of Laws Order (A.P.A.O.), 1957. 4. Substituted for the words “the State” by the A.P.A.O., 1957. 2 [Act No. XXIX of 1951] (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 dealings 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 5[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-section (5) be removed by any police officer from such area or place. (5) 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, and if such person has entered into a bond in pursuance of the provisions of sub-section (3), his 5. Substituted for the words “from the State of any person ordinarily resident in the State” by ibid. [Act No. XXIX of 1951] 3 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. 3. (1) An order under sub-section (1) of section 2 in Contents and respect of any person, shall be served on that person and duration of the order under shall— sub-section (1) of section 2. (a) specify the grounds on which it is issued and such other particulars, if any, as may have a bearing on the necessity therefor; 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. 4. (1) After the expiry of the time fixed in the order for the Constitution of the making of representation in respect of the issue thereof, the Advisory Board and the procedure State Government shall place before an Advisory Board for consideration constituted under sub-section (2) a copy of the order and by the Board of also of the representation, if any, received before such order under expiry. sub-section (1) of section 2. (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 4 [Act No. XXIX of 1951] 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 proceedings of the Advisory Board and its report, excepting that part thereof in which its opinion or that of the majority of its members is specified, shall be confidential: Provided that the Advisory Board may, if 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. Imposition of 5. (1) If it appears to the State Government that the collective fine. inhabitants or any class or section of inhabitants of any area are concerned in or are abetting the commission of offences [Act No. XXIX of 1951] 5 resulting or likely to result in death or grievous hurt or loss of or damage to property, or are harbouring persons concerned 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 sub-section (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 sub-section (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— 6 [Act No. XXIX of 1951] (a) in the manner provided in the 6Code of 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. Control of camps, 6. (1) The State Government may in the interests of public parades, etc. order by general or special order, prohibit or restrict in 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 6. Please see now the Code of Criminal Procedure, 1973. [Act No. XXIX of 1951] 7 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. 7[7. [XXX]] 8. (1) If in the opinion of the State Government it is Control of essential for the purposes of the security 8[of the area to commodities, etc. which this Act extends] or the maintenance of public order 9[in the said area] or any part thereof to restrict the removal of any commodity, article or thing 10[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 10[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 contravenes any order made under sub-section (1) he shall, on conviction, be punishable with imprisonment for a term which may extend to one year, or with fine or with both. 7. Section 7 omitted by the A.P.A.O. 1957. 8. Substituted for the words “of the State” by ibid. 9. Substituted for the words “in the State” by ibid. 10. Substituted for the words “from the State” by ibid. 8 [Act No. XXIX of 1951] Power to order 9. (1) The State Government may, in the interests of the persons to assist security of the State, or of the maintenance of public order in restoring law or of services essential to the life of the community, by and order and general or special order, direct that the inhabitants within preserving such area as may be specified in the order shall— property and to furnish information. (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 said 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 contravenes any order made under sub-section (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 under section 5. Delegation of 10. The State Government may by order direct that any powers and duties power or duty which is conferred or imposed on the State of the State Government by or under this Act shall in such Government. 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. [Act No. XXIX of 1951] 9 11. Notwithstanding anything contained in any law for the Presumption in time being in force, in a prosecution for an offence for the prosecutions for contravention of contravention of an order under this Act, on the production orders and of an authentic copy of the order, privileges of public officers not (1) it shall, until the contrary is proved and the proving to disclose facts of which shall lie on the accused, be presumed— or to produce documents. (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 11[Official Gazette], a copy of the 11[Official Gazette] relating to the publication of the order. 11. Substituted for the word “Jarida” by the A.P.A.O., 1957. 10 [Act No. XXIX of 1951] Publication and 12. (1) Save as otherwise provided by or under this Act, service of orders every order made under this Act shall— made under this Act. (a) if it is an order of a general nature 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 [Act No. XXIX of 1951] 11 (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 gain. (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. 13. Any police officer may arrest without warrant any Power to arrest person who is reasonably suspected of having committed without warrant. an offence punishable under this Act. 14. (1) The enactments specified in the following table are Repeals and hereby repealed to the extent mentioned in the fourth savings. column thereof:- 12 [Act No. XXIX of 1951] Enactments Repealed. Year No. if Short title Extent of repeal any 1 2 3 4 1348 F XII The Andhra Pradesh The whole except— (Telangana Area) (1) Section 1 and Chapter III, Public Security Act. (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 To the extent to which it Regulation, 1348-F. enables rules to be made and enforced in relation to matters in respect of which powers are conferred by the Telangana Public Security Measures Act, 1951. 1358 F VIII The Public Safety and The whole. Public Interest Regulation. (2) Every notification issued, or appointment or order made under— (i) the Public Safety and Public Interest Regulation (VIII of 1358 F.), or [Act No. XXIX of 1951] 13 (ii) a provision of 12[the Andhra Pradesh (Telangana Area) Public Security Act, 1348 F.] repealed by sub-section Act XII of 1348 F. (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 sub-section (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. 15. No suit, prosecution or other legal proceedings shall lie Protection of against any person for anything in good faith done or action taken under this Act. intended to be done in pursuance of this Act. 16. The State Government may by notification in the Power to make 13[Official Gazette] and subject to the condition of previous rules. publication make rules to carry out the purposes of this Act. 17. The provisions of this Act shall be in addition to and not Application of in derogation of any other Act or Regulation for the time other laws not barred. being in force. * * * 12. Substituted for the original short title by Act IX of 1961. 13. Substituted for the word “Jarida” by the A.P.A.O. 1957.