The Andhra Pradesh (Andhra Area) District Police Act, 1989

Short title, extent and commencement.

1. (1) This Act may be called the Andhra Pradesh (Andhra Area) District Police Act, 1989.
2. (2) It extends to the whole of the Andhra Area of the State of Andhra Pradesh.
3. (3) It shall be deemed to have come into force on the 10th October, 1988.

Definitions. In this Act, unless the context otherwise requires,—

1. (a) "Police Officer" means any member of the Police force appointed or deemed to be appointed under this Act;
2. (b) "Active Service" means the period during which a Police Officer is engaged in the performance of any duty;
3. (c) "District Magistrate" means the District Magistrate of the district;
4. (d) "Commandant" means the Commandant of the District Police;
5. (e) "Assistant Commandant" means the Assistant Commandant of the District Police.

Constitution of Police Force: The police-force shall consist of such number of officers and men, and shall be constituted in such manner, and the members of such force shall receive such pay, pension and other remuneration, as shall from time to time be ordered by the State Government, subject to the control of the Government of India.

Appointment, dismissal, etc., of inferior officers: The appointment of all police-officers other than those mentioned in section 2 of this Act, shall, under such rules as the State Government shall from time to time sanction, rest with the Inspector-General, Deputy Inspectors-General, Assistant Inspectors-General and District Superintendents of Police, who may, under the rules aforesaid, at any time dismiss, suspend or reduce to a lower rank, any officer of the subordinate ranks of the police-force whom they shall think remiss or negligent in the discharge of his duty, or unfit for the same; or may award any one or more of the following punishments to any police-officer of the subordinate ranks who shall discharge his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof, namely:—

1. (a) fine to any amount not exceeding one month's pay;
2. (b) confinement to quarters for a term not exceeding fifteen days, with or without punishment-drill, extra guard, fatigue or other duty;
3. (c) deprivation of good-conduct pay;
4. (d) removal from any office of distinction or special emolument.

Certificate, dress and equipment of Police Officers

1. (1) Every person who shall be appointed to the police force shall receive a certificate in the form provided in the Schedule annexed to this Act, under the hand of the District Magistrate or of the Superintendent of the police by which the person appointing him may be directed to appoint; and his powers as a police officer shall cease whenever such officer shall cease to be a member of such force.
2. (2) Every police officer shall be entitled to receive such dress and equipment as the Government may, from time to time, prescribe.

Police Officers not to resign without leave or notice No police officer shall be at liberty to resign his office or to withdraw himself from the duties thereof, unless he shall have been given to his superior officer a written notice for a period of not less than two months, unless he is permitted to do so by the Superintendent of Police.

Police Officers not to engage in other employment.-

1. (1) No police officer shall engage in any employment or office whatsoever, other than his duties under this Act, unless expressly permitted to do so by the State Government or by such authority as may be prescribed.
2. (2) No police officer shall, without the permission of the State Government, engage in any trade or pursue any business, either by himself or through any other person.

Police force to be efficient and under control of the District Magistrate.-

1. (1) The police force shall be maintained in a state of efficiency for the prevention and detection of crime and for the maintenance of law and order.
2. (2) Subject to the provisions of this Act and the rules made thereunder, the administration of the police within a district shall be under the control and direction of the District Magistrate who shall be responsible to ensure that the police perform their duties in accordance with the law.

Duties of Police Officers.- It shall be the duty of every Police Officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice and to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension sufficient ground exists; and it shall be lawful for every Police Officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking shop, gaming house or other place of resort of loose and disorderly characters.

Police Officers may lay information etc.- It shall be lawful for any Police Officer to lay any information before a Magistrate and to apply for a summons, warrant, search warrant or such other legal process as may by law issue against any person committing an offence.

Police officers to take charge of unclaimed property:

1. (1) The police officers shall take charge of all unclaimed property and shall furnish an inventory thereof to the Magistrate.
2. (2) The police officers may detain any property which they have reason to believe to be stolen.

Magistrate may detain unclaimed property and sell it:

1. (1) The Magistrate may detain the property and issue a proclamation specifying the articles of which such property consists and requiring any person who may have a claim thereto to appear and establish his claim to the same within six months from the date of such proclamation. (2) Provided that if the property is subject to speedy and natural decay, or if the Magistrate thinks that its sale would be for the benefit of the owner, the Magistrate may at any time direct it to be sold.

Person may be appointed to keep peace in special cases: When it shall appear that any unlawful assembly or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the ordinary officers of police appointed for preserving the peace are not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred or is apprehended, it shall be lawful for any Magistrate of the first class or second class to appoint as special police officers any number of the residents of the neighbourhood, who shall not be police officers, to assist the police force.

Special Police Officers to have same powers, duties and privileges as ordinary officers: Every special police officer so appointed shall have the same powers, privileges and protection, and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities, as the ordinary officers of police.

Refusal to serve as Special Police Officer If any person being appointed a Special Police Officer under section 14 shall without sufficient excuse neglect or refuse to serve as such or to obey such lawful order or direction as may be given to him for the performance of his duties he shall be liable upon conviction before a Magistrate to a fine not exceeding fifty rupees for every such neglect refusal or disobedience.

Authority of District Superintendent of Police over village police The District Superintendent of Police shall have authority over all the village police and shall give such instructions to them as he may think fit for the maintenance of law and order and for the prevention and detection of crime.

Rewards to Police and informers:-

1. (1) The Inspector-General, Deputy Inspector-General, Assistant Inspector-General or District Superintendent of Police may reward any police officer who may have distinguished himself by zeal or acuteness in the discharge of his duty, or any informer or other person who may have given material assistance to the police force.
2. (2) Every such reward shall be paid out of the fund which may from time to time be placed at the disposal of the police department by the Government for this purpose.

Police Officers to be deemed always on duty and may be employed in any part of the district:-

1. (1) Every police officer shall, for all purposes of this Act, be deemed to be always on duty, and any police officer or any number of police officers may be employed as a police force in any part of the district.
2. (2) [There is no sub-section

Penalty for neglect of duty etc.

1. (1) Any police officer who shall be guilty of any violation of duty or willful breach or neglect of any rule or regulation or lawful order made by a competent authority, or who shall withdraw from the duties of his office without permission or who, being absent on leave, shall fail, without reasonable cause, to report himself for duty on the expiration of such leave, or who shall engage without authority in any employment other than his police duty, or who shall be guilty of cowardice, or who shall be guilty of any unwarrated personal violence to any person in his custody, shall, on conviction before a Magistrate, be liable to a penalty not exceeding three months' pay, or to imprisonment, with or without hard labour, for a period not exceeding three months, or to both.

Regulation of public assemblies and processions and licensing of the same

1. (1) The District Superintendent or Assistant District Superintendent of Police may, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.
2. (2) He may also, on being satisfied that it is intended by any persons or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession which would, in the judgement of the Magistrate of the district, or of the sub-division of a district, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for a licence.
3. (3) On such application being made, he may issue a licence specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section: Provided that no fee shall be charged on the application for, or grant of, any such licence.
4. (4) He may also regulate the extent to which music may be used in the roads, streets and thoroughfares in the jurisdiction of the officers aforesaid.

Police to keep order in public roads, etc.—It shall be the duty of the police officers to keep order on the public roads, and in the public streets, thoroughfares, ghats and landing-places, and at all other places of public resort, and to prevent obstructions on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing-place may be thronged or may be liable to be obstructed.

Penalty for disobeying orders issued under last three sections, etc.—Every person opposing or not obeying the orders issued under the last three sections shall be liable, on conviction before a Magistrate, to a fine not exceeding two hundred rupees for each such offence, or to imprisonment for a term not exceeding eight days.

Power to prohibit certain acts for prevention of disorder.

1. (1) The District Magistrate or the Commissioner of Police, as the case may be, may, whenever and for such time as he shall consider necessary to notify, prohibit within such limits of the city or district as shall from time to time be specified in a notification, the performance of any act, the carrying of any arms, or the holding of any assembly or procession, if he considers such prohibition necessary for the preservation of public peace or public safety.
2. (2) Whoever contravenes any order made under sub-section
3. (1) shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees or with both.

Jurisdiction.

1. (1) All offences against this Act, when committed within the limits of the city or district, shall be cognizable by the Magistrate having jurisdiction in the area concerned.
2. (2) Nothing in this Act shall be construed as preventing any person from being prosecuted under any other law for any offence made punishable by this Act, or from being liable to any other or higher penalty or punishment than is provided for such offence by this Act:

Power to prosecute under other Law not affected Power to prosecute under other Law not affected

Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other regulation or Act for any offence made punishable by this Act or from being liable under any other regulation or Act to any other or higher penalty or punishment than is provided for such offence by this Act:

Proviso as to offences punishable under other laws Proviso as to offences punishable under other laws

When an offence punishable under this Act is also punishable under any other Act or regulation, then the offender may be prosecuted and punished under the provisions of either this Act or of such other Act or regulation, but shall not be liable to be punished twice for the same offence.

Mode of awarding punishments

1. (1) Punishments under section 26 may be awarded by any Magistrate of the first class, and shall be given by warrants under the hand of such Magistrate; and the Magistrate may, if he is of opinion that a fine is not a sufficient punishment, sentence the offender to imprisonment, with or without hard labour, for a term not exceeding one month and may commit him to prison, there to be kept to such imprisonment, or if the fine be not paid, to suffer such imprisonment for a term not exceeding one month, unless the fine be sooner paid.
2. (2) Every order or conviction or punishment under the said section shall be subject to appeal to the Sessions Court.

Limitation of actions All actions and prosecutions against any person, which may be lawfully brought for anything done or intended to be done under the provisions of this Act, or under the provisions of any other law for the time being in force conferring powers on the police, shall be commenced within three months after the act complained of shall have been committed and not otherwise; and notice in writing of such action and of the causes thereof shall be given to the defendant, or to the Superintendent or other superior officer of the district in which the act was committed, one month at least before the commencement of the action.

Plea that acts were done under warrant. —

1. (1) When any action or prosecution shall be brought or any proceeding held against any police-officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate.
2. (2) Such plea shall be proved by the production of the warrant directing the act, and purporting to be signed by such Magistrate and the defendant shall thereupon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate.

Police Officers to be considered always on duty Police Officers to be considered always on duty. —

1. (1) Every police-officer shall, for all purposes of this Act, be considered to be always on duty, and may at any time be employed as a police-officer in any part of the district.

Appointment of additional force in the neighbourhood of railway and other works.—(1) It shall be lawful for the Inspector-General of Police, or any Additional Inspector-General of Police or Deputy Inspector-General of Police, by an order in writing, to appoint any additional police force, to be stationed in the neighbourhood of any railway, canal, or other public work, or any manufactory or commercial concern, which is being carried on, or is in operation, and for the maintenance of which the provisions of this Act are required.

1. (2) Every such additional police force, shall be deemed to be part of the police force of the district, and shall be subject to the orders of the District Magistrate and the Superintendent of Police.
2. (3) The cost of such additional police force shall be recovered from the person or persons owning or having the charge of such railway, canal, or other public work, or such manufactory or commercial concern, and such cost shall be recoverable as an arrear of land revenue.

Quartering of additional police in disturbed or dangerous districts.—(1) It shall be lawful for the Government, by notification in the Andhra Pradesh Gazette, to declare that any area is in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such area, it is expedient to increase the number of police.

1. (2) It shall thereupon be lawful for the Inspector-General of Police, or other officer authorised by the Government in this behalf, with the sanction of the Government, to employ any additional police force in any area so declared, and to employ the same so long as such declaration remains in force.
2. (3) The cost of such additional police force shall be borne by the inhabitants of such area.
3. (4) The District Magistrate, after such enquiry as he may deem necessary, shall apportion such cost amongst the inhabitants who are liable to bear the same, and such cost shall be recoverable as an arrear of land revenue.

Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land.

1. (1) If, in any district or part of a district, in respect of which any proclamation has been made under section 32 in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensued from the misconduct of the inhabitants of such district or part of a district or of any class or section of them, it shall be lawful for any person, who claims to have suffered injury from such misconduct, to make, within one month from the date of the injury or such shorter period as may be prescribed, application for compensation to the Magistrate of the district within whose jurisdiction such district or part is situated.
2. (2) It shall thereupon be lawful for the Magistrate of the district, with the sanction of the State Government, after such inquiry as he may deem necessary, and whether any additional police force has or has not been quartered under section 32, to—
   • (a) declare the persons to whom injury has been caused by or has ensued from such misconduct;
   • (b) fix the amount of compensation to be paid to such persons and decide by whom it shall be paid; and
   • (c) award such compensation to such persons or to any of them, as he may deem fit: Provided that the Magistrate of the district shall not make any declaration or order under this section unless he is of opinion that such injury as aforesaid has arisen from a riot or unlawful assembly within the said district or part thereof, and that the person who suffered the injury was himself free from blame in respect of the occurrences which led to the said injury.

Recovery of moneys payable under sections 31, 32 and 33. Any money payable by any person under section 31, section 32 or section 33 shall be recoverable by the Magistrate of the district in the manner provided by sections 386 and 387 of the Code of Criminal Procedure, 1973, for the recovery of fines.

Rewards to police and informers payable to General Police Fund.- All sums of money now or at any time hereafter paid for the service of any process or for any other duty performed by any police-officer under the orders of any Magistrate, and all rewards, forfeitures and penalties, or shares of rewards, forfeitures or penalties, which by law are payable to informers, shall, when due to any police-officer, be paid into the General Police Fund.

Rules.-

1. (1) The Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly 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 Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date of notification of such modification or annulment in the Andhra Pradesh Gazette 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.

Power of Government to make rules

1. (1) The Government may, by notification, make rules for carrying out the purposes of this Act.
2. (2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly 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 Legislative Assembly 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.

Repeals and Savings

1. (1) The Madras District Police Act, 1859 (Central Act 24 of 1859) in its application to the Andhra Area of the State of Andhra Pradesh, along with the subsequent amendments made thereto from time to time, is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.