The Hyderabad (Metropolitan Area) Police Act, 2004

Short title, extent and commencement.

1. (1) This Act may be called the Hyderabad (Metropolitan Area) Police Act, 2004.
2. (2) It extends to the Hyderabad Metropolitan Area and to such other area or areas as the Government may, from time to time, by notification in the Andhra Pradesh Gazette, specify in this behalf.
3. (3) It shall come into force at once.

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

1. (a) “Cyberabad Metropolitan Area” means the area notified by the Government as the Cyberabad Metropolitan Area for the purposes of this Act;
2. (b) “Commissioner” means the Commissioner of Police appointed under section 5 of the Hyderabad City Police Act, 1348 F., and includes the Commissioner of Police, Cyberabad;
3. (c) “Collector and District Magistrate” means the Collector and District Magistrate of the district concerned;
4. (d) “Government” means the State Government of Andhra Pradesh;
5. (e) “Hyderabad Metropolitan Area” means the area for the time being comprising the twin cities of Hyderabad and Secunderabad, and such other contiguous areas as the Government may, from time to time, by notification in the Andhra Pradesh Gazette, specify;
6. (f) “notification” means a notification published in the Andhra Pradesh Gazette;
7. (g) “Police Officer” means an officer of the Police force appointed under this Act or any other law for the time being in force;
8. (h) “prescribed” means prescribed by rules made under this Act.

Constitution of Cyberabad Metropolitan Area:

1. (1) The Government may, by notification in the Andhra Pradesh Gazette, declare the area comprising the territories of the Cyberabad Police Commissionerate as the Cyberabad Metropolitan Area for the purposes of this Act.
2. (2) The Government may, from time to time, by notification in the Andhra Pradesh Gazette, alter the limits of the Cyberabad Metropolitan Area by including therein or excluding therefrom such areas as may be specified in the notification.

Appointment of Commissioner of Police and other officers:

1. (1) The Government shall appoint a Commissioner of Police for the Cyberabad Metropolitan Area, who shall be the officer in-charge of the Police Force in the said area.
2. (2) The Government may also appoint such number of Additional Commissioners of Police, Joint Commissioners of Police, Deputy Commissioners of Police, Assistant Commissioners of Police and such other officers as they may think fit, for the purpose of assisting the Commissioner in the discharge of duties under this Act.
3. (3) The Commissioner and other officers appointed under this section shall exercise such powers and perform such duties and functions as are provided by or under this Act or any other law for the time being in force or as may be prescribed.

Powers and functions of the Commissioner. -

1. (1) The Commissioner shall exercise all the powers, perform all the functions and discharge all the duties, which under the Code of Criminal Procedure, 1973 or under any other law for the time being in force are to be exercised, performed or discharged by the Commissioner of Police, or the District Magistrate, under the Hyderabad City Police Act, 1348 Fasli.
2. (2) Subject to the provisions of this Act, the Commissioner shall be responsible for the control and administration of the Police Force in the Cyberabad Metropolitan Area.
3. (3) The Commissioner shall have the power to make regulations for the effective control, administration and supervision of the Police Force within the limits of the Cyberabad Metropolitan Area.

Regulation of traffic. -

1. (1) The Commissioner may from time to time, make regulations for the regulation and control of traffic in the Cyberabad Metropolitan Area and for the prevention of obstruction in the streets in the interest of public safety and convenience.
2. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: -
   • (a) the routes by which and the times at which animals and vehicles may pass or may not pass;
   • (b) the control and regulation of processions and assemblies in public places;
   • (c) the regulation of the manner and conditions under which vehicles may be parked in public places.

Powers to make regulations for public order.—

1. (1) The Commissioner may, for the purpose of preserving public order or preventing public nuisances, make, vary or rescind from time to time, regulations for all or any of the following matters, namely:—
   • (a) licensing and controlling persons offering themselves for employment at quays, wharves and landing places, and outside railway stations, for the carriage of passengers' baggages;
   • (b) regulating traffic of all kinds in streets and managing the crowds to prevent danger, obstruction or inconvenience in the public;
   • (c) prescribing the routes by which and the times at which, any particular class of traffic shall pass or shall not pass;
   • (d) regulating the door-to-door or street collections of money or other articles for charitable or other purposes;
   • (e) closing certain streets or places temporarily, in cases of danger from riot or public disorder;
   • (f) regulating the means of access to and from public places;
   • (g) regulating the use of loudspeaker in or near any public place;
   • (h) prescribing the structure and the number of the vehicles that may be allowed in any area;
     • (i) prohibiting the use of streets or other public places by persons of any class or description or for any particular kind of traffic;
   • (j) providing for the orderly conduct of persons in any public place.
2. (2) Every regulation made under this section shall be published in the Hyderabad District Gazette and shall come into operation from the date of such publication.

Police officers to be public servants.—

Power to remove persons about to commit offences ("Power to remove persons about to commit offences")

1. (1) Whenever it appears to the Commissioner or any officer of the rank of Deputy Commissioner of Police duly authorised by the Commissioner in this behalf, that the movement or acts of any person are causing or calculated to cause alarm, danger or harm to person or property or that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI or XVII of the Indian Penal Code, 1860, or in the abetment of any such offence and when in the opinion of such officer witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property, the said officer shall, by order in writing duly served on such person, or by beat of drum or otherwise as the said officer thinks fit, direct such person or so conduct himself as shall seem necessary in order to prevent violence and alarm or to direct such person to remove himself therefrom outside the limits of the Metropolitan area or any part thereof, within such time as may be specified in the order and not to enter or return to the Metropolitan area or any part thereof, as the case may be, from which he was directed to remove himself.
2. (2) Whoever contravenes an order made under sub-section
3. (1) shall be punishable with rigorous imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees.

Penalty for contravention of regulations ("Penalty for contravention of regulations")

1. (1) Whoever contravenes or abets the contravention of any order or regulation made under this Act shall, if no other penalty is provided for such contravention in this Act, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
2. (2) Any person who contravenes any of the provisions of this Act or any rule or order made thereunder for which no specific penalty has been provided, shall be punishable with fine which may extend to five hundred rupees.

Power of Government to make rules

1. (1) The Government may, by notification, 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 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 to remove difficulties If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Andhra Pradesh Gazette, make such provisions not inconsistent with the purposes or provisions of this Act as appear to them to be necessary or expedient for removing the difficulty:

Repeal of Act 1 of 1348 F ("Repeal of Act 1 of 1348 F") The Hyderabad City Police Act, 1348 F. is hereby repealed: Provided that such repeal shall not affect,—

1. (a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or
2. (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or
3. (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or
4. (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.