Chapter II OF THE POLICE FORCE AND ADDITIONAL AND SPECIAL

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.

(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) 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 of 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.

(1) The power 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) 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 the extent of half the salary, any member of the Police force when any member of the force commits neglect or fails to perform duties or contravenes the provisions of this Act or of the rules made thereunder or commits gross misconduct during leave; or

(b) impose the punishment of attendance in a Police station for a period not exceeding three days upon a member of the force inferior in rank to that of a Head Constable, who in his presence commits a gross wrong or behaves insolently and insubordinately.

(3) Nothing contained in sub-section (2) shall affect any criminal proceeding by which any criminal liability or charge is established for an offence against any Police officer.

(1) Every Police officer appointed by the [Commissioner of City Police, Hyderabad] shall, at the time of appointment be given a certificate of service in the form (A) annexed hereto under the signature of the [Commissioner of City Police, Hyderabad]. All the powers, privileges, functions and responsibilities shall be conferred and imposed upon the Police officer by such certificate.

(2) Such certificate shall be deemed to be void when the person named therein ceases to be in Police service.

(3) When a Police officer is suspended from his office his powers, duties and privileges shall be temporarily suspended and such Police officer shall not, by reason of suspension, be deemed to be excluded from the definition of Police officer but shall be deemed to be subject to all the responsibilities, prohibitions and compliance with orders in the same manner as he would be if he had not been suspended.

(1) The [Commissioner of City Police, Hyderabad] may, in his discretion, appoint, in cases given below, for such time and on such salary and on such rank as he may think fit, additional police officers to keep peace or preserve order at any place or in accordance with the provisions of this Act and under any other law intended for the prevention of any special class or classes of offences,-

(a) on the application of any person at the expenses of such person, or

(b) without any application at the expenses of any person for whose profit or benefit any work on a large scale is done or any public amusement is held when it is likely to cause inconvenience in traffic or; attract a large concourse or crowd of people.

(2) Every additional police officer so appointed shall on appointment,-

(a) be given a certificate in the prescribed form,

(b) have all the powers, privileges and duties of a Police officer as are specified in the certificate, and

(c) be subject to the orders of the [Commissioner of City Police, Hyderabad].

(3) In every case in which Police officers are appointed on the application of any person, such person shall give a notice in writing to the [Commissioner of City Police, Hyderabad] fixing a period of one month and requiring him to terminate the services of such Police officers within one month or a lesser period from the date of receipt of notice as the Commissioner may fix.

(4) The Commissioner shall on application account for the monies received by him towards the expenditure on account of the additional police officers.

(5) In any case under this section if any dispute arises the decision of the Chief City Magistrate shall be final as to the account to be paid and the person by whom it is to be paid and the sum so determined may, on the request of the [Commissioner of City Police, Hyderabad] be recovered as fine by the Chief City Magistrate.

(1) The [Commissioner of City Police, Hyderabad] may, at any time when he thinks it immediately likely that a disturbance or a dispute may take place or the public peace may be disturbed and that the ordinary Police force is insufficient for the protection of the life and property of the inhabitants of that place, appoint as special Police officer any healthy male between the age of eighteen and fifty-five years.

(2) Every special Police officer so employed shall on appointment,-

(a) receive a certificate in the prescribed form,

(b) have all the powers, privileges and safeguards, as a Police officer,

(c) discharge all duties as may be assigned to him by the [Commissioner of City Police, Hyderabad], and

(d) be subject to the orders of the [Commissioner of City Police, Hyderabad].

(3) Any person who has been appointed as a special Police officer under this Act refuses without reasonable cause to work as a special Police officer or neglects the discharge of his duties or takes objection to comply with any lawful order or direction given in connection with the discharge of duties, he shall be punished with fine which may extend to fifty rupees.

The [Commissioner of City Police, Hyderabad] may issue such orders with regard to the following matters as he may think expedient:-

(a) Recruitment, organization, instruction, classification, discipline and 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 of any Police fund and management and control thereof for observance of duties:

Provided that these orders shall be subject to the supervision of the Government.

(1) The [Commissioner of City Police, Hyderabad] may make rules not inconsistent with this Act or any other law for the time being in force for the following matters,-

(a) Prescribing and assigning the duties of Police officers of whatever rank of office and determining,-

(1) the manner in which; and

(2) the conditions subject to which they shall exercise their powers and perform the duties assigned to them;

(b) determining the residence and lodging of the members of the force;

(c) issuing directions for the collection of the means of intelligence and information or restricting them; and

(d) prescribing the forms of certificates of services to be awarded to the additional or special Police officers:

(1) No Police officer shall resign his office or withdraw himself from his duties without the written permission of the Commissioner of City Police, Hyderabad and if no such permission has been obtained no Police officer, other than a 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, (1) if he is a member of mounted Police force, of six months, and (2) in any other case, of two months, and (b) full discharge of all debts due by him as a Police officer to the Government or to any Police fund. (2) If a 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 concerning his office without permission: Provided that if any Police officer produces a certificate signed by the Police Surgeon or by a Government Doctor holding gazetted 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.

(1) Every person employed under this Act shall on ceasing to be in the Police force, return 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:- (a) Certificate of service, (b) all livery, arms with accoutrements and other necessary articles furnished to him for the execution of duties. (2) The Commissioner of City Police, Hyderabad or any Magistrate may issue a warrant for the search and seizure of any certificate of service, arms, accoutrements, livery and other necessary articles not returned under sub-section (1). (3) Every warrant so issued shall be executed in accordance with the provisions of this Act by a Police officer or if the authority issuing the same otherwise directs by any other person also. (4) Nothing in this section shall apply to any article which under the orders of Commissioner of City Police, Hyderabad has become the property of the person to whom the same was furnished.

Every Police officer not on leave or under suspension shall, for the purposes of this Act, be deemed to be always on duty throughout the limits of the City Police.

No Police officer, other than a special Police officer shall, without the permission of the Government, either as principal or agent,- (a) carry on any trade; (b) be concerned in any way in the purchase or sale of any immovable property situated within the limits of the City Police or of any interest therein; (c) accept any other office or take to any other profession or engage in any other business other than his office or duties as Police officer. (3) Notwithstanding the provisions contained in this section or in any rules made thereunder, it shall always be lawful for [Commissioner of City Police, Hyderabad] to refuse a licence for or to prohibit the establishment of a place of public amusement or a place of public entertainment by a notorious scoundral or a bad character.

Any Police officer who,- (a) contravenes the provisions of section 17, or (b) is guilty of cowardice, or (c) resigns his office or withdraws from the duties assigned to him in contravention of the provisions of section 14 of this Act, or (d) wilfully contravenes or neglects any law or rule or order which, it is his duty as Police officer to obey, (e) is guilty of violation of any duty for which no punishment is provided by any other law, shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 100 or with both.

Any Police officer who,- (a) without lawful authority or reasonable cause enters or searches or allows any person to enter or search any place, building, tent or vessel; (b) vexatiously and unnecessarily seizes any property belonging to any person; (c) vexatiously and unnecessarily detains or arrests or searches any person; (d) vexatiously and unnecessarily delays in producing before a Magistrate or any other officer before whom he is bound to produce him, any person who has been arrested; (e) inflicts unnecessary physical pain upon any person in his custody; (f) unlawfully induces or threatens any accused; shall for every such offence be punished with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 500 or with both.

Any person who wilfully makes a false statement or produces a false document for the purpose of obtaining for himself or for any other person employment in Police or release from such employment, shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 100 or with both.