Full Text Of Centre’s ‘Advisory’ To Telangana Government, Issued Last Week

To

Rajeev Sharma,

Chief Secretary,

Government of Telangana

Hyderabad,

From

S Suresh Kumar

Joint Secretary to Government of India

(Ministry of Home Affairs)

Subject: Special Responsibility of the Governor of Telangana.

The subject matter of smooth and effective implementation of the provisions of the Andhra Pradesh Reorganisation Act 2014, hereinafter referred to as the said Act, in consonance with the the provisions of the Constitution of India is a matter of concern for the Central Government from the point of view of the law and order situation and the safety and security of the people of both the States of Andhra Pradesh and of Telangana during the establishment and till such time as the two states become fully functional.

2. Section 5 of the Act envisages as common capital of Hyderabad (GHMC area) for both the States of Telangana and Andhra Pradesh for a period not exceeding ten years. Section 8 casts a special responsibility on the Governor with respect to the issues of law and order, safety and security of the people and vital installations as well as the management and allocation of government buildings in the common capital as given below:

Section 8: Responsibility of Governor to protect residents of common capital of Hyderabad.

8.(1) On and from the appointed day, for the purposes of administration of the common capital area, the Governor shall have special responsibility for the security of life, liberty and property of al those who reside in such area. (2) In Particular, the responsibility of the Governor shall extend to matters such as law and order, internal security and security of vital installations, and management and allocation of Government buildings in the common capital area. (3) In discharge of the functions, the Governor shall, after consulting the council of ministers of the State of Telangana, exercise his individual judgement as to the action to be taken: Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-section required to act in the exercised of his individual judgement, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or not ought to have acted in the exercise of his individual judgement. (4) The Governor shall be assisted by two advisors to be appointed by the Central Government.

3. Whereas, the Central Government had, while drafting the Bill, received numerous representations articulating apprehensions regarding the life, liberty and property of the people of the city of Hyderabad and emphasising the imperative of maintaining law and order in a strategically located city such as Hyderabad. So, the Central Government had proposed that a special responsibility be vested in the Governor in this regard for only the common capital area of Hyderabad. Both the Houses of the Parliament had agreed with this proposition while passing the Bill.

4. Whereas, certain directions need to be given by the Central Government in order to ensure that the provisions regarding the special responsibility of the Governor are implemented smoothly vis-a-vis the Government of Telangana. The following are the norms that would be followed for the transaction of business in pursuance to the Section 8 of the Act.

a) The Governor shall have power to call for any record or information or decision of the Council of Ministers or any authority relating to the responsibilities envisaged under Section 8 of the AP Reorganisation Act, 2014.

b) The Commissioners of Police of Hyderabad and Cyberabad as well as the SP of Ranga Reddy district shall furnish periodical reports of law and order to the Governor in addition to special reports on all grave and specially grave crimes in the common capital area.

c) The Governor shall have the power to issue a direction in accordance with the provision of law or regulation.

d) The Governor will be assisted by Advisor/s appointed by the Government of India. The Governor shall allot the responsibilities between the Advisors, as deemed fit, from time to time.

e) For purposes of matters falling under law and order, internal security and security of vital installations, as well as the two Police Commissionerates of Hyderabad and Cyberabad, and for the district of Ranga Reddy, the Home Secretary of the State of Telangana shall brief the Governor on all matters mentioned above as well as those that have special significance and the Governor may convey his views which shall be placed before the appropriate authority. The Governor’s advice shall prevail.

f) A Special Cell each, headed by an officer not below the rank of Inspector General in both the Commissionerates and headed by a senior officer in the office of SP, Ranga Reddy shall be set up to deal with hate crimes and crimes related to extortion or any other specified crime as well as to ensure speedy trial. Wide publicity would be given to the contact numbers of the officers of these cells so as to enable the citizens to contact them directly.

g) A special cell each to deal with issues concerning internal security and security of vital installations with a senior officer in-charge shall be set up in both the Commissionerates and in the office of SP Ranga Reddy. The Special Cell shall also identify sensitive establishments/institutions and report to the Governor through the Government of Telangana on the adequacy or otherwise of the security arrangements of the said establishment/installation. The cell shall undertake a review of the existing security provided by the Special Protection Force (SPF), Central Industrial Security Force (CISF) etc, and suggest additional measures, if considered necessary, to ensure fool proof security of the notified installations. The Governor may suggest measures to strengthen the security arrangements based upon the information made available and the threat perceptions, which shall be binding. A Nodal Officer from the senior management cadre shall be appointed in all the notified vital installations, who shall be responsible for furnishing periodical review reports on the security status of the installation and for implementation of the recommendations of the special cell.

h) A Police Service board comprising DGP Telangana and the Commissioner of Police, Hyderabad and Cyberabad shall be set up exclusively for the State of Telangana in the context of law and order administration of the common capital area of Hyderabad to handle the transfer and postings of all officers including DCPs, ACPs and SHOs. The Governor shall have the power to suggest and approve such changes as he deems fit, as per his best judgement.

i) In case the Governor considers it necessary in view of the situation, as per his best judgement, to requisition additional forces for deployment, he would ask the State Government to examine this issue and communicate the decision to the Governor. This decision will be subject to review U/s 8 of the Act and the Governor’s decision shall be final after such review.

j) The Governor can call for a report or assessment from the State Government of Telangana on any acts of omission and commission by any official and direct the Government to conduct any enquiry and take appropriate action as per law.

k) In case of exigencies, the Governor can call for a report or assessment from the State Government of Telangana upon which he can ask the State Government specifically for reallocation of the Staff on a temporary basis in case of any contingency.

l) The management and allocation of buildings to all the Departments of both the successor states shall be decided by the Governor on the advise of the Cabinet of Telangana State based on the recommendations of a Committee of Senior Officers constituted for the purpose keeping in view the requirement and availability of accommodation. The decision of the Governor shall be final.

m) To ensure the safety of the property of the people residing in the common capital area of Hyderabad, the Collectors of Hyderabad and Ranga Reddy districts as well as the Commissioner of GHMC shall set up Grievance Cells for the redressal of grievances and the affected parties shall have the right to represent themselves. The Governor can issue necessary directions to the officials of the State Government of Telangana for the protection of the property rights of the aggrieved.

5. You are requested to ensure that the above mentioned norms are adhered to.

Copy forwarded for information and necessary action to:N Ramesh Kumar, ACS and Principal Secretary to the Governor of Telangana, Raj Bhawan, Hyderabad.