Hyderabad City Police Act - 1348 Fasli
Hyderabad City Police Act - 1348 Fasli
Hyderabad City Police Act - 1348 Fasli
ACT,1348 F'
[Act No. IX of l3zlE Fl
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 crinres, maintenance
of peace and investigation into circumstances; it is hereby enacted as
follows:
Chapter-I
Prrliminary
l. 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.
2. Repeal of previous enactments- (1) On the commencement
of this Act all enactments which are inconsistent with a repetition of the
provisions of this Act shall be deemed to have been repealed.
(2) All rules and certificates issued, appointments made, powers
confened and orders issued under the previous enactments before the
commencement of this Act shall, so far as they are not inconsistent with
the proviiions of this Act, be deemed to have been issued, made, conferred
and issued under this Act.
3. Deflnltlons- In this Act unless there is something repugnant in
the subject or context:
(a) the words 'tomplaint", "investigation", "offence", "cognizable
offence", "non-cognizable offence", "bailable.offence", "non-
bailable offence", "officer in charge of police station" shall
r€spectively have the meanings assigned to them in 3[the Code
of Criminal Procedure, 18981 (Central Act 5 of 1898);
l, Received the assent of H.E.H. the Nizam on 30rh Shehrcwar 1348-F, and pub. in the Official
Gazetre, dr. 5th Aban 1348-F.
2. Subs. for the words'Tarida" by the A.PA.O., 1957.
3. Subs. for fte rcference "the Hyderabad Criminal Procedure Code" by A.PA.O., 1957 and
now Code of Criminal Procedure. 1973 (II of 1974).
27
2A Hyderabad City Police Act, 1348 F lSec.3
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.P.A.O., 1957.
2. Subs. for the original sho( title byA.P IXof 1961.
Sec.6l Hyderabad City Police Acl, 1348 F 29
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., 1957.
Sec.9I Hyderabad City Police Act, 1348 F 31
(a) divide the City of Hyderabad into any particular and fixed number
of police divisions;
(b) divide the divisions into as many sections and beats as may
appear to him to be proper;
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., 1957.
Sec.13I Hyderabad City Police Act, 1348 F 33
(c) fix the limits and extent of such divisions and sections.
(2) Every such division shall be under an Assistant Commissioner
Police who shall be called Divisional Officer and every action shall be
under the control of an Inspector and every beat shall be under a Sub-
Inspector:
Provided that these provisions shall be subject to the supervision
of the Government.
12. Powers of r[Commissioner of City Police of llyderabsd]
to issue rules as to organisation of Police Force-
The r[Commissioner of City Police, Hyderabad] may issue such
orders with regard to the following matters as he may think expedient:
(a) Recruinnent,organisation, insttrction,classification, disctplineand
general supervision of the force;
(b) the number and description of arms and other necessaries to
be given to the Police; and
(c) the establishment ofany Police fund and management and control
thereof for observance of duties:
Provided that these orden shall be subject to the supervision of the
Govemment
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., t957
34 Hyderabad City Police Act, 1348 f lsec.15
(d) prescribing the forms of certificates of services to b€ awarded
to the additional or special Police Officers:
Provided that the rules made under this section shall be subject to
the control of the Government.
(2) A copy of the rules made and issued under this section shall
be kept in every police station.
14. Frrlice Oflicers not to withdraw from service without
permission or notice- (l) No police officer shall resign his office or
withdraw himself from his duties without the written permission of the
r[Commissioner of City Police, Hyderabad] and if no such permission
has been obtained, no Police Officer, other than special Police Officer,
shall resign or withdraw until:
(a) the expiry after receipt of notice of his intention in writing by
the '[Commissioner of City Police, Hyderabad]:-
( I ) if he is a member of mounted Police force, of six months;
and
(b) full discharge ofall debts due by him as Police Officer to the
Covemment or to any Police fund.
(2) Ifa Police Officer who is on leave does not without reasonable
cause, report himself to duty on the expiry of leave, he shall, for purposes
of this section, be deemed to have withdrawn himself from the discharge
of the duties conceming his office without permission.
Saving in the case of disease etc.- Provided that if any Police
Officer produces a certificate signed by the Police Surgeon or by a
Govemment Doctor holding gazened rank declaring such Police Officer
to be unfit for Police service by reason of any disease or mental or physical
weakness and discharges the debts, if any, due by him or gives sufficient
security to the satisfaction of the '[Commissioner of City Police, Hyderabad]
for the payment thereof he shall without delay, be given written permission
to resign.
15. Return of certificate of services, arms etc.- (l) Every
person employed under this Act shall, on ceasing to be in the Police Force,
retum without delay to the Commissioner of City Police, Hyderabad or
to any such person and at such place as he may fix, the following articles:
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.P.A.O., 1957
Sec.18I Hyderabad Ciry Police Act, 1348 F 35
of the following. Such rules shall, in cases of clauses (b) and (c), be
subject to the control of the Govemment and with regard to the remaining
clauses, sanction of the Government shall be obtained prior to the
enforcement of rules:
(a) granting licenses to persons willing to accept employment at
places where goods are unloaded, and for carriage of
passenger's baggage ourside the limits of Railway stations and
fixing a scale of charges and remuneration for labour of persons
so employed;
(b) regulating traffic of all kinds, in public street or public places,
and regulating the use of streets and public places by persons
walking, driving. cycling or accompanying or leading cattle, with
a view to prevent danger, inconvenience or obstruction to the
Public;
(c) regulating the conditions under which vehicles may be parked
in public streets and public places, and the use ofpublic streets
as temporary halting places for cattle and vehicles;
(d) prescribing the number and position of lights to be used on
vehicles passing through public streets or public places, and
regulating the manner of mnveying timber poles, bamboo, ladders,
bars, iron beams, boilers and other unwieldy articles and the
route and hours for conveying such articles;
(e) prescribing, subject to any notice issued by the Municipal
Commissioner in this behalf, the roads along which and the
hours during which corpses may or may not be carried;
(0 licensing for or regulating the following matters and where it
is likely to cause inconvenience, delay, danger, or damage to
the residents or the persons passing in the vicinity, prohibiting:
(0 the keeping of a place of public amusement or place of
public entertainment;
(ii) the playing of music in public streets or public places.
r[(iia) the using of a loud-speaker in any public place or places
of public entertainmentl;
(iii) the illumination in public street or public place, or on any
building adjacent to the public street, by persons other
l. As amended by Act No. XXIV of 1952.
38 Hyderabad City Police Act, 13/t8 F lSec.21
(v) blasting;
Provided secondly that a rule made under clause (g) shall not contain
any condition requiring a licence for a place of public amusement unless
liquor, sendi or any intoxicating drug as defined in the law for the time
being in force is sold in such places or unless such place is kept open
for customers between 9 p.m. and 5 a.m.
(2) The power to make rules under sub-section ( I ) shall be subject
to the condition of the rules being enforced after publication and they
shall be published in the a[Official Gazette] in the manner specified in
Section 84.
l. Amended by Act No. IXof 1951.
2. Subs. for the original provisos by the A.P.A.O., 1957.
3. IX of 196l
Subs. for the original short title by A.P Act
4. Subs. for the word "Jarida" by the A.PA.O.. 1957.
Sec.22I Hyderabad City Police Act. 1348 F 39
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., 1957
2. As amended by S.2 ofAct No. XXVII of 1356 F.
Sec.24l Hyderabad City Police Act, 1348 F 41
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.P.A.O., 1957.
42 Hyderabad City Police Act, 1348 F lSec.26
may give such orders as to the conduct and behaviour of the persons
interestei towards each other and towards the public as may appear to
him reasonable under the circumstances regard being had of the apparent
legal rights and established practice of and of the persons interested. Every
such order shall be published in the place or area wherein it is to operate
and all persons concerned shall be bound to conform to the same.
(2) Such orders to be subject to decree etc., of court: Any order
made under sub-section (l) of this section shall be subject to a decree,
or injunction or other order of a competent court; and the r[Commissioner
of City Police, Hyderabadl shall cancel or modify the order made by
him when it is made known to him that the said order is inconsistent
with the decree, injunction or any other order of a competent court made
by such court on the complaint suit or application ofthe person interested
as to the rights or duties of the person who has suffered injury by the
order of the r[Commissioner of City Police, Hyderabad].
25. Powers of the Police to prevent disorder at public place
of amusement and public resort- (l) For the purpose of preventing
any serious disorder or unlawful acts or imminent danger to the persons
assembled at any public place of amusement, meeting or assembly to which
the public is invited or allowed, every Police Officer of rank superior
to that of Head Constable present at such public place of amusement
or meeting or assembly may, subject to the rules and orders lawfully made
in this behalf, give such orders and directions as to the mode of admission
of the public to the conduct of persons attending, and maintenance of
the public safety at such places as he thinks necessary and all persons
shall be bound to conform to such reasonable directions and order.
(2) Employees of the Police to have general permission to enter
such places- The Police shall have the power to enter every such public
place of amusement, meeting or assembly without obstruction for the
purpose of giving effect to or carrying out the provisions of sub-section
(1) of this seotion and every direction given thereunder.
26. Dispersal of gangs or assembly o[ persons- ( I ) Whenever
it appears to the '[Commissioner of City Police, Hyderabad]:
(a) that the movements or acts of any persons residing in the City
of Hyderabad are causing or likely to cause danger, alarm or
harm to the life or property of any person or that there are
l. Subs. for the word "Kotwal Balda" (Cornmissioner of Police) by A.PA.O., 1957
Sec.26I Hyderabad City Police Act, 1348 F 43
(2) The
'?[Commissioner of City Police, Hyderabad] may also direct
any person who has been twice convicted under Section 69 of this Act
or any person who has been thrice convicted within a period of 3 years
under section 4 or section 13 of the Gambting Act, l319 Fasli as amended
to remove as aforesaid.
(3) The '?[Commissioner of City Police, Hyderabad] may also direct
any person who not having been born within the City Police limits, has
been more than twice convicted of offence under r[Chapters XII, XVI
and XVII of the Penal Codel to remove himself in like manner from the
City of Hyderabad or not to enter the City Police limits.
A copy of such order shall be sent to Chief City Magistrate.
(4) For the purposes of sub-section (2) the decision of the
2[Commissioner of City Police, Hyderabad], that a person has or has
not been born within the City Police limits, shall be final.
(5) Firstly: The Govemment may, if satisfied that peace or public
safety in the City of Hyderabad or in any part thereof is disturbed or
l. Subs. for the reference "Chapters Vll, XV and XVI of the Hyderabad Penal Code", by
A.P.A.O.. 1957.
2. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.P.A.O., 1957.
44 Hyderabad City Police Act, 1348 F ISec.26
l Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., 1957
Sec.26I Hyderabad City Police Act, 1348 F 45
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.P.A.O., 1957.
2. Subs. For the reference "Section 316 of the Hyderabad Criminal Procedure Code No. IVof
l3l3 F by A.PA-O., 1957 and again subs. by Cyberabad (Meropolitan Area) Police Act,
20M (A,ct 2 of 2004) for the words "Sections 75, 76 aod 77 of the Code of Criminal
Procedure, 1898"
46 Hyderabad City Police Act, 1348 F lSec.27
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., 1957
Sec.28I Hyderabad City Police Act, '1348 F 47
Chapter-IV
Executive Powers and Duties of Police duties of Police
Officers
29. Duties of Police Ofricers- It shall be the duty ofevery Police
Offioen
(a) promptly to serve every summons and execute every warrant
or order lawfully issued to him by any competent authority and
to endeavour by every lawful means to give effect to the lawfi.rl
commands of his superion
(b) as far zs possible to obtain intelligence conceming ttre commission
of cognizable offences, or designs to commit such offences,
to bring such information to the notice of his superior officer;
and to take such action consistent with law and with orders
of his superior, as shall be calculated to punish the offenders
under law or prevent the commission of cognizable offence and
with orders of his superior, as shall be calculated to punish
the offenders under law or prevent the commission of cognizable
offences and within his view of non-cognizable offences;
(c) to prevent as far as possible the commission of public nuisance;
(d) to apprehend persons whom he is legally authorised to apprehend
and for whose apprehension there is sufficient reason;
(e) to aid other Police Offlrcer when called on by them or if necessary
in the discharge of their duties in such manner as would be
lawful and reasonable;
Sec.29I Hyderabad City Police Act, 1348 F 49
(D to discharge every duty imposed upon him by any law for the
time being in force;
(3) A Police officer may remove or detain any person who fails to
conform to or refuses to comply with or resists the aforesaid directions.
Powers of Police OIIicer to Arrest Without Warrant
30. When Police may arrest any person without warrant- Any
Pr''!ice officer may without an order from a Magistrate and without a
warrant arrest any person:
(a) who has been concemed in any cognizable offence befbre him
under r[sub-section ( I ) of Section 4l of the Code of Criminal
Procedure, 1973 (Act No. 2 of 1974)l;
(b) who is liable to be punished for an offence before him under
Sections 59, 61, 64,65 and sub-sections (e), (g) and (i)
of Section 66 and Sections 67,69,70,71 and sub-section
(a) of Section 73, Section 75 and clauses first and second
of Section 76 and Section 77 or who contravenes the rule
made under clauses first and second of Section 77 or who
contravenes the 2[rules made under clauses (b) and (gg) of
sub-section ( I )l and sub-sections (4) and (5), fails to conform
to the prohibitory directions given under clause (b) of sub-section
(l) and clauses (a) and (b) of sub-section (2) of Section 22
or Sections 3, 4 and 5 of the Prevention of Cruelty to Animals
Act No. I of 1313 Fasli;3
(c) who has been concerned in an of'fence punishable under
Section 60 of this Act or against whom a complaint has been
made on reasonable grounds or about whom credible information
has been received or reasonable suspicion exists for believing
that he is so concerned.
31, Other powers of arrest to Police Oflicers- (1) Any Police
Ofhcer empowered in this behalf by the a[Commissioner of City Police,
l. Subs. for the reference "Sec.38 ofthe Hyderabad Criminal Procedure Code" by theA.P.A.O.,
I 957 and again subs. by Cyberabad (Metropolitan Area) Police Act, 2004 (Act 2 of 20(X) for
Hyderabad] may arest without warrant any person for an offence specified
in Section 68 of this Act.
(2) Any Police Officer may, on the information of any person in
possession or charge of any dwelling house, private building or land or
ground attached thereto, arrest without warrant any person alleged to have
committed therein or thereon an offence punishable under Section 59 of
this Act.
32. Enforcement of orders issued under Sections 22, 23, 24-
When a notification, or orders in writing or public notice has been issued
under sub-sections (2), (3) or (4) of Section 22 of this Act, or an order
has been made under Sections 23 or 24, any Magistrate or Police Officer
may require any person who contravenes or is about to contravene the
same, to desist or to abstain from so doing and in case of refusal or
disobedience, may arrest such person. Any such Magistrate or Police
Officer may also seize any object or article used or about to be used
in contravention of the aforesaid notification, order or notice and the object
or article seized shall be proceeded with according to the order of the
Chief City Magistrate.
Unlawful Assembly
33. Requisitioning military aid to disperse assembly- If on
any emergency the available Police force is not sufficient to disperse an
unlawful assembly or quell a riot or any disturbance likely to disturb public
peace, the r[Commissioner of City Police, Hyderabad] or Magistrate of
the highest rank who is present at the time, may apnly to the officer of
the highest rank of the Regular Force who may be on the spot for military
aid for such purpose.
34. Duty of officer commanding military required to disperse
assembly by Magistrate or l[Commissioner of City Police,
Hyderabadl- (1) When the l[Commissioner of City Police, Hyderabad]
or a Magistrate determines to disperse any unlawful assembly by military
aid, he may require any commissioned or non-commissioned officer
commanding a battalion of the Regular Forces, or the volunteer corps,
to disperse such assembly by military force and to arrest and confine
such persons taking part in the said assembly as the r[Commissioner of
City Police, Hyderabadl or the Magistrate may direct, or as it may be
necessary to arrest and confine for the purpose of dispersing the assembly
or to have them punished according to [aw.
I . Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., 1957
52 Hyderabad City Police Act, 1348 F lSec.37
(2) Every such officer shall obey such requisition in such manner
as he thinks fit, but in so doing shall use as little force, and do as little
injury to the life and property of persons as may be possible and as
may be consistent with dispersing the assembly and anesting and detaining
the persons taking part in it.
35. Power of Commissioned ollicer to disperse unlawful
assembly- When the public peace is manifestly endangered by any such
assembly and when it is impracticable to take instruction from the
r[Commissioner of City Police, Hyderabad] or a Magistrate, any
Commissioned officer may disperse such assembly by Military, and may
arrest and confine any person or persons taking part in it in order to
disperse the assembly or that they may be punished according to law;
but if while he is acting under this section, it becomes practicable to inform
the r[Commissioner of City Police, Hyderabad] or a Magistrate, he shall
do so and shall thence forward obey the instructions of the r[Commissioner
of City Police, Hyderabadl or Magistrate as to whether he shall or shall
not continue such action.
36. Bar of Prosecution for acts done under Sections 33, 34,
35- No prosecution against any person for any act done while acting
under Sections 33, 34 and 35 of this Act, or under 2[Section 37 of the
Code of Criminal Procedure, I 973 (Act No. 2 of 197 4)) shall be instituted
in the criminal court, except with the sanction of the Govemment; and
(a) no Magistrate or Police Officer acting in good faith.
(b) no officer acting under Section 35 in good faith.
(c) no person doing any act in good faith on being required under
Section 34 of this Act or under 2[Section 37 of the Code of
Criminal Procedure, 1973 (Act No.2 of 1974)1.
(d) no inferior officer, soldier or volunteer doing any act in obedience
to any order which he is bound to obey, shall be deemed to
have thereby committed any offence.
37. Mode of recovery of compensation for injury caused by
unlawful assembly- (l) The Chief City Magistrate may, with the
sanction and subject to the orders of the Government which may have
been issued in this behalf, and after such enquiry as he thinks necessary:
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., 1957.
2. Subs. for the reference "Sec.27" ofthe Hyderabad Criminal hocedure Code by theA.PA.O.,
1957 and again subs. by Cyberabad (Metropolitan Area) Police Act, 2004 (Act2 of 2OO4) for
the wolds "Section 42 of the Cooe Criminal Procedure, 1898".
Sec.39I Hyderabad City Police Act, 1348 F 53
l. Subs. for the reference "Sec. I 1l of the Hyderabad Municipal Corporation Act, t 342 F." by
the A.PA.O.. 1957.
54 Hyderabad City Police Act, 1348 t lSec.41
(b) all property found lying in any street, if the owner or person
in charge of such property, on being directed, refuses or fails
to remove the same from the street;
(2) Every property of which the police have taken charge under sub-
section (l ) shall be produced before the r[Commissioner of City Police,
Hyderabadl.
40. '[Commissioner of City Police, Hyderabad] to issue
proclamation- ( I ) The ' [Commissioner of City Police, Hyderabad] shall
issue a proclamation with the particulars of the property, requiring any
person who may have a claim in respect of such property, to appear
before the r[Commissioner of City Police, Hyderabad] or any other officer
whom he appoints for the purpose within six months from the date of
the proclamation and submit his claim.
(2) Immediate sale of perishable property: If such property or
any part thereof is subject to speedy decay or consists of live-stock and
animals or if the value of such property is less than five rupees, it may
be tbrthwith sold by auction under the orders of the l[Commissioner of
City Police, Hyderabadl and the proceeds of sale shall be dealt with in
the same manner as is hereinafter provided for the disposal of the said
property.
l. Subs. lbr the word "Kotwal Balda" (Commissioner ofPolice) by A.PA.O., 1957
Sec.44l Hyderabad City Police Act, 1348 F 55
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., I957
2. Subs. bv Act No. VII of 1956.
56 Hyderabad City Police Act, 1348 F lSec.45
Chapter-V
Procedure
zl8. Special powers of r[Commissioner of City Police Hyderabad]
to summon witnesses and record their statements- (l) If in the
course of investigation the I[Commissioner of City Police, Hyderabad]
has reason to believe that a cognizable offence has been committed, he
may require the attendance before himself or any officer subordinate to
him who is investigating a cognizable offence, of any person who resides
within the Hyderabad City Police limits or within 30 miles of such limits,
who from the information received or otherwise appears to be acquainted
with the facts and circumstances of the case, and such person shall attend
as so required.
The provisions of 2[Section l6l of the Code of Criminal Procedure,
1973 (Central Act2 of 1974)) shall also apply to the person so attending.
(2) In any case the r[Commissioner of City Police, Hyderabad] may
forward in writing to the Superintendent of Police of the district within
the limits of which any person from whom any information is required
to be obtained relating to the facts and circumstances of the case under
investigation, is believed to be, such questions and facts as may be
necessary for obtaining the information required, and on receipt thereof
the Superintendent of Police shall examine such person and shall record
his statement in the same manner and subject to the same provisions as
if such Superintendent of Police were investigating such offence in his
disrict, and shall forward the statements recorded to the r[Commissioner
of City Police, Hyderabadl.
confined- If the l[Commissioner
49. Power to search for persons
of City Police, Hyderabadl has reason to believe that any person is
confined or detained under such circumstances that such confinement or
detention constitutes an offence, he may issue a search warrant; and the
person to whom the search warrant is directed may search for the person
specified in the warrant in accordance with such directions as may be
given therein, and the person, iffound, shall be immediately brought before
the Chief City Magistrate, who shall, having regard to the circumstances
of the case, make suitable order.
1. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., 1957.
2. Subs. for the reference "Majmoe Zabeiha Faujdari" (Hyderabad Criminal Procedure Code)
by the A.PA.O.. 1957 and again subs. by Cyberabad (Metropolitan Area) Police Act, 2004
(Act 2 of 2004) for the words "Section 16l of the Code of Criminal Procedure, 1898 (Cenral
Act 5 of 1898)".
Sec.53l Hyderabad City Police Act, 1348 t 59
Hyderabadl shall take such bond or security, as the case may be and
shall forward bond or security to the court which issued the warrant.
Search Warrants
57. Disposal of articles discovered in the execution of search
warrant issued by a coufi outside the City Police limits- When
in the execution of a search warrant issued by a court outside the City
Police limits any articles for which search is made are found within the
City Police limits, such articles together with the list of the same shall
be produced before a City Magistrate or the '[Commissioner of City
Police, Hyderabadl and such Magistrate or the '[Commissioner of City
Police, Hyderabadl shall unless there is good reason to the contrary, make
an order that such articles shall be taken to the court which issued the
search warrant.
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.P.A.O., 1957.
2. Subs. for the reference "Sec. 244 of the Hyderabad Penal Code by the A.PA.O., 1957.
3. Subs. for reference "Sec. 350, 351, 352 to 353 of the Hyderabad Penal Code by A.PA.O.,
1957.
64 Hyderabad City Police Act, 1348 F lSec.66
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., 1957
66 Hyderabad City Police Act, 1348 F lSec.75
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., 1957.
2. Subs. by Cyb€rabad (Metropolitan Area) Police Act, 2UJ4 (Act 2 of 2004) for the words
"Section 4O3 of the Code of Criminal Procedure, 1898 (Cenral Act 5 of 1898)".
3. Subs. for the word "Jadda" by the A.P.A.o., 1957.
Sec.84l Hyderabad City Police Acl, 1348 t 69
88. Saving for Magistrate or Police Oflicer for any act done
in good faith in the discharge of duties- ( I ) No Magistrate or Police
Officer shall be liable to any penalty or to payment of any damages on
account of any act done or intended to be done in good faith in the
L Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., 1957
Sch.I Hyderabad City Police Act, 1348 t 71
l. Subs. for the word "Kotwal Balda" (Commissioner of Police) by A.PA.O., 1957
HYDERABAD AND SECUNDERABAD
(PUBLIC PLACE OF HALT/PLACE OF
PUBLIC ENTERTAINMENT/
AMUSEMENT) RULES,2005
[GO.Ms.No. 129, Home (Leg. II),2nd July,2005]
Framing of Rules Relating to Specification of Parking Place And
Other Requirements at All Places of Public Halt And Places of Public
Entertain ment/Amusement in Twin Cities of Hvderabad And
Secunderabad.
In exercise of the powers conferred by clause (f) of sub-section ( I ) and
sub-section (2) of Section 21 of the Hyderabad City Police Act, 1348F (Act
No. IX of 1348-F) the Commissioner of Police with the previous sanction of
the Govemment of Andhra Pradesh hereby notify the following rules relating
to establishments i.e., Hotels/Tea stalls/Restaurants/Lodges/Bar & Restaurants/
other food joints and public place of halts etc.. in twin cities of Hyderabad
and Secunderabad, with effect from the date of publication of this Notification
in the Extraordinary issue of A.P Gazette.
RULES
1. Short Title and Extent- (i) These rules may be called the
Hyderabad and Secunderabad (Public Place of halt/Place of Public
Entertainment/Amusement)-Rules, 2005.
(ii) It shall extent to the twin cities of Hyderabad and Secunderabad.
2. Definition- In these rules unless the context otherwise requires.
(a) 'Act' means 'Hyderabad City Police Act 1348 Fasli'
(b) 'Government' means 'The Govemment of Andhra Pradesh'
(c) 'Licensing Authority' means 'The Commissioner of Police,
Hyderabad City.
(d) "Public PIace of Halt" means the place of halt of public where
liquor, toddy and other intoxicants, defined in the Excise Act are
sold or supplied and includes every public place of halting.
3. Licence for runqing a Public Place of halt/Place of
EntertainmenVAmusement- (l) No person, shall be competent to open
72
R.5I Hyderabad and Secunderabad ( ) Rules, 2005 73
or establish any public place of halting in the t'win cities of Hyderabad and
Secunderabad without obtaining a licence from the Commissioner of Police,
Hyderabad City and without fulfilling the following requirements in the interest
of not causing inconvenience, delay, danger or damage to the residents or the
persons passing in the vicinity of such place of halt:
Category 'A'
(i) domestic functions such as marriages, poojas, any other religious
function and alike;
(ii) indoor meetings;
(iii) indoor entertainments, fares, festival and alike.
Category'B'
(D outdoor public meetings;
(ii) open Air enlertainments;
l. Rule 2 renumbered as sub-rule (t) and sub-rules (2) and (3) added vide Andhra Pradesh
Gazeue R.S. to Pl. ll. dr. Il.0l.l97J.
74
R.3l Hyderabad City Loudspeakers ( ) Rules, 1963 75
(c) the voice of the speaker shall be kept in such manner that it shall
not be heard at distance for more than (10) yards away from the
building;
(d) the speaker shall be permitted to be used only an hour before the
commencement of the function and one hour after the close of the
frrnction subject to the restriction of time limit of 3 hours a day as
laid down in Rule 7 of these and in condition 9 of the loudspeaker
permit.
CategorY'B'
Subject to the conditions specified in Rule 5, the holder of the licence:
(a) shall keep the volume of the sound at the minimum and it shall not
be heard at the distance for more than (25) yards away from the
place of function or gatheringi
(b) shall use the loudspeaker only an hour before the commencement
of the function and one hour atter the close of the function subject
to the restriction of time limit of 3 hours a day as laid down in Rule
7 and in condition 9 of the permit for the use of the loudspeaker.
Category'C'
(a) The licence holder shall use only one loudspeaker in the vehicle;
(b) the announcement shall not.be heard at a distance beyond 20 yards
away from the place where the vehicle using for announcement
is stationedl.
3. (l) No person shall supply a loudspeaker for installation, use or
operation in any public place or place of public entertainment unless the person
to whom it is supplied produced as valid licence issued under Rule 2.
76 Hyderabad City loudspeakers ( ) Rules, 1963 lR.7
l[(2) No person shall supply a loudspeaker for installation, use or operation
in any public place or place of public entertainment without obtaining a licence
from the licensing authority.
(3) No loudspeaker other than the type mentioned in the licence shall
be supplied to the person holding the licencel.
4. No loudspeaker shall be used or operated or permitted to be used or
operated by any person holding a licence within a radius of 200 metres from:
)
(| any place of worship:
(2) any court house or public office or educational institution during the
working hours;
(3) any hospital; or
(4) any place, which has been declared as a silent zone, except with
the previous consent in writing of the person or persons in the control
or management of such premises.
5. No loudspeaker shall be used or operated or permitted to be used or
operated by any person holding a licence in such a manner as to disturb or
cause annoyance to any other person residing or carrying on business in any
building or premises adjoining the public place or place of public entertainment.
6. No loudspeaker shall be used or operated or permitted to be used or
operated in any public place or place of public entertainment by any person
holding a licence as aforesaid except in accordance with the conditions of the
licence which may be liable to be charged from time to time.
7. Notwithstanding anything in these rules, no loudspeaker shall be used
or operated or shall be permitted to be used or operated between the hours
of ll p.m. and 6 a.m. The licensing authority may fix time limit in the licence
for the use of loudspeakers either for static or for mobile publicity purposes
such time limit shall not exceed three hours per day for static loudspeaker
licences and four hours per day for mobile loudspeaker licences:
2[Provided that the licensing authority may permit the use of static
loudspeaker by organisers of conferences, seminars, religious congregations,
sports meets etc. upto a maximum of 6 hours per day between the hours 6
a.m. and 1l p.m.l:
l[I'rovided that the licence for mobile publicity under category 'C' of sub-.
rule (l) of Rule 2 shall be issued only for one day at a timel:
Provided further that no licence shall be issued for commercial
advertisements.
(c) period for which the use of the loudspeaker is required, subject to
the provisions of Rule 7; and
211d1 timings for which the licence is requiredl.
10. An application for licence for the use of a loudspeaker shall be
submitted to the licensing authority at least one day before the date on which
the loudspeaker is proposed to be used.
11. The licensing authority may for sufficient cause refuse to issue a
licence under these rules recording reasons in writing for such refusal.
r[2,
The rates of fee for the licence to be obtained under these rules
shall be as follows:
13. The fee for the loudspeaker licence shall be remitted along with the
application. The amount of the fee shall be refunded in case the licence for
the use of the loudspeaker is not issued.
14. (1) Notwithstanding anything in Rules l2 and 13, the licensing authority
may exempt any Govemment Department and the Municipal Corporation of
Hyderabad from the payment of fee for loudspeaker's licence and issue a
licence for a period of one year and may renew the said licence for subsequent
years.
15. A licence for the use of loudspeaker shall be issued in the form
appended to these rules.
FORM
(See Rule 15)
in connection with
Static
Forml Hyderabad City Loudspeakers ( ) Rules, 1963 79
of
oo
12. The licence shall be valid for the dates for which it has been issued.
13. Loudspeaker should be used only for the purpose specified in the
licence.
N.B.
(a) The conditions specifred in Serial Nos. 1,2,3,4,5,6, and 7 pertain
exclusively to the licence issued for advertisement purposes while
the conditions specifred in Serial Nos. 8, 9 and 13 pertain exclusively
to the licence issued for the installation of the loudspeaker.
(b) If any ofthese conditions is contravened, the licence shall be liable
to be cancelled and the licence holder shall be liable to punishment
of fine, which may extend to one hundred rupees.
The receipt of Rs............................. being+he licence fee is hereby
acknowledged.