Hyderabad City Police Act, 1348

[Act No. IX of 1348]

Preamble

Whereas it is expedient to consolidate the law relating to the Hyderabad City Police Act so as to make the Hyderabad City Police an effective means for prevention and detection of crimes, maintenance of peace and investigation into circumstances; it is hereby enacted as follows:

Section 1 - Short title, commencement and extent

This Act may be called the Hyderabad City Police Act and shall come into force from the date of its publication in the Official Gazette within the limits which are now prescribed for City Police or which the Government may, from time to time, prescribe.

Section 2 - Repeal of previous enactments

(1) On the commencement of this Act all enactments which are inconsistent with or a repetition of the provisions of this Act shall be deemed to have been repealed.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.

Section 3 - Definitions

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 offence," "non-bailable offence," "officer incharge of police station" shall respectively have the meanings assigned to them in the Code of Criminal Procedure, 1898: (Central Act 5 of 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 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 the Andhra Pradesh (Telangana Area) General Clauses Act, 1308F. (Act III of 1308F,);

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

(f) "signature" shall have the same meaning as defined in the Andhra Pradesh (Telangana Area) General Clauses Act, 1308F. (Act III of 1308F;

(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 any thing 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, billiards room, gymnasium or any other place allotted for such purpose;

(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 of not over which the public have permanently of 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, tray, handcart and other wheeled conveyance which is used on a street for conveyance or transport and also includes a bicycle, tricycle, and automotor car.

Chapter II - OF THE POLICE FORCE AND ADDITIONAL AND SPECIAL POLICE

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 offence," "non-bailable offence," "officer incharge of police station" shall respectively have the meanings assigned to them in the Code of Criminal Procedure, 1898: (Central Act 5 of 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 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 the Andhra Pradesh (Telangana Area) General Clauses Act, 1308F. (Act III of 1308F,);

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

(f) "signature" shall have the same meaning as defined in the Andhra Pradesh (Telangana Area) General Clauses Act, 1308F. (Act III of 1308F;

(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 any thing 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, billiards room, gymnasium or any other place allotted for such purpose;

(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 of not over which the public have permanently of 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, tray, handcart and other wheeled conveyance which is used on a street for conveyance or transport and also includes a bicycle, tricycle, and automotor car.

Section 4 - Organisation of Police

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.

Section 5 - Appointment and removal of Police Commissioner

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.

Section 6 - Appointments of Deputy and Assistant Commissioner

(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) Power of Deputy and Assistant Commissioners:-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 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.

Section 7 - Powers of appointment and promotion

(1) The powers 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) Powers of dismissal, discharge, demotion, suspension, fine and punishment:-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 extent of half the salary, any member of the Police force when any member of the force commits, neglects or fails to perform duties or contravenes the provisions...

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